HomeMy WebLinkAbout1981-019 Title Ins/Deed - Widening of Hersey St.
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VERNON E. HUBKA
ASSOCIATE
L. SALTER
70 NOR H F'IONEER STREET
P O. BOX 727
AREA CODE 503
TELEPHONE 482-4215
ASHLAN . OREGON 97520
April 23, 1981
Mrs. Nan Franklin
Ci ty Recorder
City Hall
AShland, OR 97520
Dear Nan:
Re:
Ashland vs. Bernard
Our File A-156-D
I
In connection Witj the widening of Hersey Street,
the City of Ashland has acq ired Title to strips of land
adjacent thereto. Enclosed is the Title Insurance Policy in
the above matter along with photocopies of the recorded
Quitclaim Deed and Warranty Deed. These should be placed in
the City's records.
RLS/ds
Enclosures
~1-~ours,
RONALD L.; SALTER
City Attorney
JACKSON COUNTY BRANCH
.
721 W. 10th Street
P.O. Box 9
Medford, Oregon 97501
(503) 779-7591
Premium $
50.00
" PIONEER NATIONAL
TITLE INSURANCE
A TICOR COMPANY
Policy of Title Insurance
PIONEER NATIONAL TITLE INSURANCE COMPANY, a California corporation, hereinafter called the Company, for a valuable
consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does
hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured,
or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the
amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obi igated to
pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of:
Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated;
or
Unmarketabi lity, at the date hereof, of the title to said land of any vestee named herein, unless such un-
marketabi I ity exi sts because of defects, I iens, encumbrances, or other matters shown or referred to in
Schedule B; or
Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in
Schedule B, or excluded from coverage in the Schedule of Exclusions from Coverage; or
Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,
the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of
such mortgage or deed of trust upon said land; or .
Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said
land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority,
all subject, however, to the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto annexed,
which, together with Schedules A and B are hereby made a part of this policy.
This policy shall not be valid or binding until countersigned below by a validating officer of the Company.
Pioneer Nati~.'J~;~'~~~nce Company
by "~~:~.~~ h
:f ~ i . ':. :" .~. I PRESIDENT
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SECRETARY
Attest:
Countersigned:
By
.3J
Validating Signatory
las
TO 1529 PNTI OR 11-75) Rating Bureau for Title Insurance Companies in Oregon Standard Coverage Policy
F 204
Schedule of Exclusions from Coverage
This policy does not insure against loss or damage by reason of the following:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or loca-
tion of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in
the dimensions or area of any lot or parcel of land. .
2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the.pub-
Iic records at the date hereof.
3. Title to any property beyond the lines of the land expressly described in Schedule A or title to streets, roads, avenues,
lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other
structure or improvement: or any rights or easements therein unless this policy specifically provides that such property,
rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this
policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise ex-
cepted or excluded herein.
4. Defects, liens, encumbrances, adverse claims against the. title as insured or other matters (1) created, suffered, as-
sumed or agreed to by the IAsured claiming loss or damage: or (2) known to the Insured Claimant either at the date of this
policy or at the date such Insured Claimant acquired an estate or interest insured by this policy and not shown by the pub-
lic records, unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of
this policy: or (3) resulting in no loss to the Insured Claimant: or (4) attaching or created subsequent to the date hereof.
5. Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with -
out knowledge.
6. Usury or claims of usury.
7. "Consumer credit protection," "truth-in-I~nding," or similar law.
Conditions and Stipulations
1. Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifica Ily or by reference, in
Schedule A and improvements affixed thereto which by law con-
sti tute rea I property;
(b) "public records": those records which impart constructive
notice of matters relating to said land;
(c) "knowledge": actua I knowledge, not constructive knowledge
or notice which may be imputed to the Insured by reason of any
public records;
(d) "date": the effective date;
(e) "mortgage": mortgage, deed of trust, trust deed. or other se-
curity instrument; and
(f) "insured": the party or parties named as Insured, and if the
owner of the indebtedness secured by a mortgage shown in Sche-
dule B is named as an Insured in Schedule A. the Insured shall
include (1) each successor in interest in ownership of such in-
debtedness, (2) any such owner who acquires the estate or in-
terest referred to in this policy by foreclosure, trustee's sale, or
other legal manner in satisfaction of said indebtedness. and
(3) any federal agency or instrumentality which is an insurer or
guarantor under an insurance contract or guaranty insuring or
guaranteeing said indebtedness. or any part thereof. whether
named as an Insured herein or not, subject otherwise to the pro-
visions hereof.
I.'
2. Benefits after Acquisition of Title
If an insured owner of the indebtedness secured by a mortgage
described in Schedule B acquires said estate or interest. or any
part thereof. by foreclosure, trustee's sale, or other legal manner
in satisfaction of sa id indebtedness, or any part thereof, or if a
federal agency or instrumentality acquires said estate or interest,
or any part thereof, as a consequence of an insurance contract or
guaranty insuring or guaranteeing the indebtedness secured by a
mortgage covered by this policy. or any part thereof, this policy
shall continue in force in favor of such Insured, agency or instru-
mentality, subject to all of the conditions and stipulations hereof.
3. Defense and Prosecution of Actions - Notice of Claim to be
given by the Insured
(a) The Company. at its own cost and without undue delay shall
provide (1) for the defense of the Insured in all litigation con-
sisting of actions or proceedings commenced against the Insured,
or defenses, restraining orders, or injunctions interposed against
a foreclosure or sa Ie of the mortgage and indebtedness covered
by this policy or a sale ot the estate or interest in said land; or
(2) for such action as may be appropriate to establish the title of
the estate or interest or the lien of the mortgage as insured,
which litigation or action in any of such events is founded upon
an alleged defect, lien or encumbrance insured against by this
policy, and may pursue any litigation to final determination in
the c()urt of I a st resort.
(b) In case any such action or proceeding shall be begun, or de-
fense interposed, or in case knowledge shall come to the Insured
of any claim of title or interest which is adverse to the title of
the estate or interest or lien of the mortgage as insured, or which
might cause loss or damage for which the Company shall or may
be liable by virtue of this policy, or if the Insured shall in good
faith contract to sell the indebtedness secured by a mortgage
covered by this policy or, if an Insured in good faith leases or
contracts to sell, lease or mortgage the same, or if the success-
ful bidder at a foreclosure sale under a mortgage covered by this
policy refuses to purchase and in any such event the title to
said estate or interest is rejected as unmarketable, the Insured
shall notify the Company thereof in writing. If such notice shall
not be given to the Company within ten days of the receipt of
process or pleadings or if the Insured shall not, in writing,
promptly notify the Company of any defect, I ien or encumbrance
insured against which shall come to the knowledge of the Insured,
or if the Insured shall not, in writing, promptly notify the Com-
pany of any such rejection by reason of claimed unmarketability
of title, then all liability of the Company in regard to the subject
matter of such acti on, proceed i ng or matter sha II cease and ter-
minate; provided, however, that failure to notify shall in no case
prejudice the claim of any Insured unless the Company shall be
actually prejudiced by such failure and then only to the extent
of such prejudice.
(c) The Company sha II have the right at its own cost to insti-
tute and prosecute any action or proceeding or do any other act
which in its opinion may be necessary or desirable to establish
the title of the estate or interest or the lien of the mortgage as
insured; and the Company may take any appropriate action under
the terms of this policy whether or not it shall be liable there-
under and shall not thereby concede liability or waive any pro-
vision of this pol icy.
(d) In all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any action or
proceeding, the Insured shall secure to it the right to so pro-
secute or provide defense in such action or proceeding, and a II
appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Whenever requested by the
Company the Insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or de-
fending such action or proceeding, and the Company sha II re-
imburse the Insured for any expense so incurred.
4. Notice of Loss- Limitation of Action
In addition to the notices required under paragraph 3(b). a
statement in writing of any loss or damage for which it is
claimed the Company is liable under this policy .shall be fur-
nished to the Company within sixty days after such loss or
damage shall have been determined and no right of action shall
accrue to the Insured under this policy until thirty days after
(Conditions and Stipulations Continued and Concluded on Last Page of This Policy)
" .
(Conditions and Stipulations Continued and Concluded From Reverse Side of Policy Face)
such statement shall have been furnished. and no recovery
shall be had by the Insured under this policy unless action
shall be commenced thereon within five years after expiration
of said thirty day period. Fai lure to furnish such statement of
loss or damage. or to commence such action within the time
hereinbefore specified. shall be a conclusive ba,r against main-
tenance by the Insured of any action under this policy.
5. Option to Pay. Settle or Compromise Claims
The Company sha II have the opti on to payor sett Ie or compro-
mise for or in the name of the Insured any claim insured against
or to pay the full amount of this policy. or. in case loss is
claimed under this policy by the owner of the indebtedness se-
cured by a mortgage covered by this policy. the Company shall
have the option to purchase said indebtedness; such purchase.
payment or tender of payment of the full amount of this policy.
together with a II costs. attorneys' fees and expenses which
the Company is obligated hereunder to pay. shall terminate all
I iabi I ity of the Company hereunder. In the event. after notice of
claim has been given to the Company by the Insured. the Com-
pany offers to purchase said indebtedness. the owner of such
indebtedness shall transfer and assign said indebtedness and
the mortgage securing the same to the Company upon payment
of the purchase price.
6. Payment of Loss
(a) The liability of the Company under this policy shall in no
case exceed. in all. the actual loss of the Insu,red and costs
and attorneys' fees which the Company may be obi igated here-
under to pay.
(b) The Company will pay. in addition to any loss insured
against by this policy. all cost imposed upon the Insured in li-
tigation carried on by the Company for the Insured. and all costs
and attorneys' fees in I itigation carried on by the Insured with
the written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under
this policy (1) if the Company. after having received notice of
an alleged. defect. lien or encumbrance not excepted or excluded
herein removes such defect. lien or encumbrance within a reason-
able time after receipt of such notice. or (2) for liability volun-
tarily assumed by the Insured in settling any claim or suit with-
out written consent of the Company. or (3) in the event the title
is rejected as unmarketable because of a defect. I ien or encum-
brance not excepted or excluded in this policy. until there has
been a final determination by a court of competent jurisdiction
sustaining such rejection.
(d) All payments under this policy. except payments made for
costs. attorneys' fees and expenses. shall reduce the amount
of the insurance pro tanto and no payment sha II be made with-
out producing this pol icy for endorsement of such payment un-
less the policy be lost or destroyed. in which case proof of
such loss or destruction shall be furnished to the satisfaction
of the Company; provided. however. if the owner of an indebted-
ness secured by a mortgage shown in Schedule B is an Insured
herein then such payments sha II not reduce pro tanto the amount
of the insurance afforded hereunder as to such Insured. except
to the extent that such payments reduce the amount of the in-
debtedness secured by such mortgage. Payment in full by any
person or voluntary satisfaction or release by the Insured of a
mortgage covered by this policy shall terminate all liability of
the Company to the insured owner of the indebtedness secured
by such mortgage. except as provided in paragraph 2 hereof.
(e) When liability has been definitely fixed in accordance with
the conditions of this pol icy the loss or damage sha II be pay-
able within thirty days thereafter.
7. Liabi Iity Noncumulative
It is expressly understood that the amount of this policy is re-
duced by any amount the Company may pay under any policy in-
suring the va I idity or priority of any mortgage shown or referred
to in Schedule B hereof or any mortgage hereafter executed by
the Insured which is a charge or I ien on the estate or interest
described or referred to in Schedule A. and the amount so paid
shall be deemed a payment to the Insured under this policy. The
provisions of this paragraph numbered 7 shall not apply to an
Insured owner of an indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires title to said estate
or interest in satisfaction of said indebtedness or any part
thereof.
8. Coinsurance and Apportionment
(a) In the event that a partial loss occurs after the Insured makes
an improvement subsequent to the date of this policy. and only
in that event. the Insured becomes a coinsurer to the extent here-
inafter set forth. If the cost of the improvement exceeds twenty
per centum of the amount of this policy. such proportion only of
any partial loss established shall be borne by the Company as
one hundred twenty per centum of the amount of this policy bears
to the sum of the amount of this policy and the amount expended
for the improvement. The foregoing provisions sha II not apply to
costs and attorneys' fees incurred by the Company in prosecuting
or providing for the defense of actions or proceedings in beha If
of the Insured pursuant to the terms of this policy or to costs im-
posed on the Insured in such actions or proceedings. and sha II
apply only to that portion of losses which exceed in the aggre-
gate ten per cent of the face of the policy. Provided. however.
that the foregoing coinsurance provisions shall not apply to any
loss arising out of a I ien or encumbrance for a I iquidated amount
which existed on the date of this pol icy and was not shown in
Schedule B; and provided further. such coinsurance provisions
sha II not apply to any loss if. at the time of the occurrence of
such loss. the then va lue of the premises. as so improved. does
not exceed one hundred twenty per centum of the amount of this
policy.
(b) If the land described or referred to in Schedule A is divisible
into separate and noncontiguous parcels. or if contiguous and
such parcels are not used as one single site. and a loss is es-
tablished affecting one or more of said parcels but not all. the
loss shall be computed and settled on a pro rata basis as if the
face amount of the pol icy was divided pro rata as to the va lue on
the date of this policy of each separate independent parcel to the
whole. exclusive of any improvements made subsequent to the
date of this policy. unless a liability or value has otherwise been
agreed upon as to each such parcel by the Company and the In-
sured at the time of the issuance of this policy and shown by an
express statement herein or by an endorsement attached hereto.
9. Subrogation upon Payment or Settlement
Whenever the Company shall have settled a claim under this pol-
icy. all right of subrogation shall vest in the Company unaffected
by any act of the Insured. and it shall be subrogated to and be en-
titled to all rights and remedies which the Insured would have had
against any person or property in respect to such claim had this
policy not been issued. If the payment does not cover the loss of
the Insured. the Company shall be subrogated to such rights and
remedies in the proportion which said payment bears to the amount
of said loss. If loss should result from any act of the Insured.
such act shall not void this policy. but the Company. in that
event. shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount. if any. lost to
the Company by reason of the impairment of the right of subroga-
tion. The Insured. if requested by the Company. shall transfer to
the Company all rights and remedies against any person or pro-
perty necessary in order to perfect such right of subrogation. and
shall permit the Company to use the name of the Insured in any
transaction or litigation involving such rights or remedies.
If the Insured is the owner of the indebtedness secured by a mort-
gage covered by this policy. such Insured may release or substi-
tute the persona I I iabi I ity of any debtor or guarantor. or extend
or otherwise modify the terms of payment. or release a portion
of the estate or interest from the lien of the mortgage. or release
any collatera I security for the indebtedness. provided such act
does not result in any loss of priority of the lien of the mortgage.
10. Policy Entire Contract
Any action or actions or rights of action that the Insured may
have or may bring against the Company arising out of the status
of the lien of the mortgage covered by this policy or the title of
the estate or interest insured herein must be based on the pro-
visions of this policy. No provision or condition of this policy
can be waived or changed except by writing endorsed hereon or
attached hereto signed by the President. a Vice President. the
Secretary. an Assistant Secretary or other validating officer
of the Company.
11. Notices. where Sent
All notices required to be given the Company and any statement
in writing required to be furnished the Company shall include the
number of this policy and shall be addressed to it at the office
which issued this policy or to its Home Office. Claims Department.
433 South Spring Street. P.O. Box 54730. Los Angeles. Ca I ifor-
nia 90054.
SCHEDULE A
..Amount $ 6,000.00
Premium $ 50.00
Date
April 16, 1981
8:32
At 8xQ.fJ A. M.
INSURED
-----CITy OF ASHLAND, OREGON-----
The estate or interest referred to herein is, at the date hereof. vested in CITY OF ASHLAND,
OREGON, a municipal corporation-----
The land referred to in this policy is described as
PARCEL I: A parcel of land lying in the R.B. Hagadorn D.L.C. No.
42, Township 39 South, Range 1 East, W.M., Jackson County, Oregon
being a portion of that property described in that deed to Richard
A. Bernard, recorded as Document No. 78-17674 of the Official
Records of Jackson County; the said parcel being that portion of
said property included in a strip of land 30 feet in width, lying
on the Southerly side of the center line of Hersey Street, as said
street has been relocated, which center line is described as follows:
Beginning at Engineer's center line Station 34+55.21, said station
being 89.61 feet North and 119.90 feet West of the Southwest corner
of the Bennel Million D.L.C. No. 41, Township 39 South, Range 1
East, W.M.; thence on a 1145.92 foot radius curve left (the long
chord of which bears South 760 44' 48" East 523.22 feet) 527.88
feet; thence South 890 56' 37" East 716.91 feet to Engineer's
center line Station 47+00.
Also, an easement over, across and upon the following described
property:
PARCEL II: A parcel of land lying in the R.B. Hagadorn D.L.C. No.
42, Township 39 South, Range 1 East, W.M., Jackson County, Oregon
and being a portion of that property described in that deed to
Richard A. Bernard, recorded as Document No. 78-17674 of the Official
Records of Jackson County; the said parcel being that portion of
said property lying between lines parallel with and 30 feet South-
erly and 35 feet Southerly of the center line of relocated Hersey
Street, which center line is described in Parcel I.
PAGE:2 OF POLICY NO. 15-17588
f aae REV 11-74 <ill
Stand,rd Coverage Policy
SCHEDULE A - Continued
The estate or interest in the land described in this schedule is:
A fee
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or all of which
arise by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any
mortgage or deed of tmst is expressly insured on page 1 of this policy.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records; proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained
by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records; unpatented
mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims
or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct
survey would disclose.
5. Ashland city liens, if any.
6. Easement, including the terms and provisions thereof, from
Southern Pacific Company to D.L. Patterson, recorded November 23,
1945, in Volume 264 pages 52 & 53, Deed Records.
7. Easement, including the terms and provisions thereof, from WM.
M. Briggs, et ux, to The California Oregon Power Company, a Calif-
ornia corporation, recorded January 5, 1948, in Volume 289 page
109, Deed Records.
PAGE 3 OF POLICY NO.
15-17588
F.207 R-7.74
II~ I
III I
OWNER'S INFLATION PROTECTION INDORSEMENT
ATTACHED TO POLICY NO. 15-17588
ISSUED BY
Pioneer National Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending
to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies
said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance
provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual
upward adjustments in the manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12 :01 a.m. on the
first January 1 which occurs more than six months after the Date of Policy, as shown in
Schedule A of the Policy to which this Indorsement is attached, and on each succeeding
January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by
increasing the maximum amount of insurance provided by said Policy (as said amount may
have been increased theretofore under the terms of this Indorsement) by the same percentage,
if any, by which the United States Department of Commerce Composite Construction Cost
Index (base period 1967) for the month of September immediately preceding exceeds the
highest Index number for the month of September in any previous year which is subsequent
to Date of Policy; provided, however, that the maximum amount of insurance in force shall
never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the
amount of any claim paid under said Policy which, under the terms of the Conditions and
Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment
in the amount of insurance for years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of
insurance in force shall be deemed to be the amount which is in force as of the date on which
the insured claimant first learned of the assertion or possible assertion of such claim, or as
of the date of receipt by the Company of the first notice of such claim, whichever shall first
occur.
Nothing herein contained shall be construed as extending or changing the effective date of said
Policy.
This indorsement is made a part of said Policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
Pioneer National Title Iosurance Company
by ~~.:i3~ npRESIDENT
Attest:
SECRETARY
RATING BUREAU FOR TITLE INSURANCE
COMPANIES IN OREGON
F.219 1-ns
, ',. .
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The s~~fdl below is made sofely fOf tfla purpose of assi$':ing in lo~atili9 said premites ~nd the Co';pany assumes
. .~ t..t.mly ror Ya,ia'i..... Ir..y. In ..men.;on. and locali.n a<ce<laino.d by aclva! .."'oy, .". .
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A TICOR COM?ANY
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J,.C)()O M-3920 (4) ... ~o ~
9B-16-28 :) - .~</
KNOW ALL MEN BY THESE PRESENTS, That DAREX CORPORATION, an Oregon corporation,
Grantor, does hereby relinquish and forever quitclaim unto the CITY OF ASHLAND, Oregon,
a municipal corporation, Grantee, all of Grantor's right, title and interest in and
to the following described property, to wit:
PARCEL 1
A parcel of land lying in the R.B. Hagadorn D.L.C. No. 42, Township 39
South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that
property described in that deed to Richard A. Bernard, recorded as Document No.
78-17674 of the Official Records of Jackson County; the said parcel being that
portion of said property included in a strip of land 30 feet in width, lying on
the Southerly side of the center line of Hersey Street, as said street has been
relocated, which center line is described as follows:
Beginning at Engineer's center line Station 34+55.21, said station being
89.61 feet North and 119.90 feet West of the Southwest corner of th~ Bennel ~
Million D.L.C. No. 41, Township 39 South, Range 1 East, W.M.; thence on a
1145.92 foot radius curve left (the long chord of which bears South 760 44' 48"
East 523.22 feet) 527.88 feet; thence South 890 56' 37" East 716.91 feet to
Engineer's center line Station 47+00.
The parcel of land to which this description applies contains 7,560 square
feet, more or less.
Grantor does hereby subordinate all its right, title and interest in and to the
real property hereinafter described to that certain easement for slopes heretofore
,granted by Richard A. Bernard to the City of Ashland, Oregon, a municipal corporation,
said property being described as follows:
PARCEL 2
A parcel of land lying in the R.B. Hagadorn D.L.C. No. 42, Township 39
South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that
property described in that deed to Richard A. Bernard, recorded as Document No.
78-17674 of the Official Records of Jackson County; the said parcel being that
portion of said property lying between lines parallel with and 30 feet Southerly
and 35 feet Southerly of the center line of relocated Hersey Street, which
center line is described in Parcell.
The parcel of land to which this description applies contains 1,890 square
feet, more or less.
No monetary consideration is being received by Grantor for this quitclaim deed.
Dated this ( f:,-m day of fT P {Z I L
t 1981.
,,"'~~~:l:"SA>"'" JacboA B=~ Ozegon DAREX CORPORATION, an Oregon
.... "~~. ." ~ J: -'..
... ~~,""~'" ~~ OmCIAL llECORDS corP.ora~tion C)
..- ~. . . .. ~ '
.' ,~<~o~~_R: \*\ ~~32.APR 16 19811l.M. By {j rtL
, ~. . ,~: ., President
,oU 0\.1 '~.}
"'~;<'" ~~J~./ ~W~NE~~ER By~e ,&A----'A-,9
"'~-.. C c r- i) '..~"'- B F.//J,!J ~PU~-i' cretary
'..
....... .
STATE OF OREGON County of .::r A- eLLS' 0 IV ..
11 'P R.. , L I r- , 1981. Personally appeared 1) fl 0 l 0 11. 13 ~ K-/V if K- i)
and q-~rt-I\J ~. l~ '(" f!..AJft P-1> , who, being sworn, stated that they are the Presi-
dent and Secretary of Darex Corporation, an Oregon corporation, and that this instrument
was voluntarily signed in behalf of the corporation by authority of its Board of
Directors. Before me: '\j;) (//jIq~ f?_ -iJ./!fi;c
~ary ublic for Ore~on
My Commission expireslO -- / - 'F 'f
2-25-81
klm/@
L
frJ TL t['-- f 7 S&,g
81--07084
311{; <{(!D
d-OO(J
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Highway Division ~~~
File 5078100 ~
M-3920 (4) 1- -"i.
9B-16-28 "
WARRANTY DEED
C0
KNOW ALL MEN BY THESE PRESENTS, That RICHARD A. BERNARD, Grantor, for the
consideration of the sum of Sixteen Thousand Two Hundred Twenty-five and No/lOO DOLLARS
($16,225.00) received,' does hereby convey unto the CITY OF ASHLAND, OREGON, a municipal
corporation, Grantee, the following described property, to wit:
PARCEL 1
A parcel of land lying in the R.B. Hagadorn D.L.C. No. 42, Township 39
South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that
property described in that deed to Richard A. Bernard, recorded as Document No.
78-17674 of the Official Records of Jackson County; the said parcel being that
portion of said property included in a strip of land 30 feet in width, lying on
the Southerly side of the center line of Hersey Street, as said street has been
relocated, which center line is described as follows:
Beginning at Engineer's center line Station 34+55.21, said station being
89.61 feet North and 119.90 feet West of the Southwest corner of the Benne1
Million D.L.C. No. 41, Township 39 South, Range 1 East, W.M.; thence on a
1145.92 foot radius curve left (the long chord of which bears South 760 44' 48"
East 523.22 feet) 527.88 feet; thence South 890 56' 37" East 716.91 feet to
Engineer's center line Station 47+00.
The parcel of land to which this description applies contains 7,560 square
feet, more or less.
Also for the above stated consideration there is hereby granted unto Grantee, a
permanent easement for the construction, operation and maintenance of slopes of cuts
or fills, telephone and electric powerlines and app~rtenances, necessitated by the
widening and improvement of the Oak Street-Mountain Avenue (Ashland) Section of
Hersey Street, over, across and upon the following described property, to wit:
PARCEL 2
A parcel of land lying in the R.B. Hagadorn D.L.C. No. 42, Township 39
South, Range 1 East, W.M., Jackson County, Oregon and being a portion of that
property described in that deed to Richard A. Bernard, recorded as Document No.
78-17674 of the Official Records of Jackson County; the said parcel being that
portion of said property lying between lines parallel with and 30 feet Southerly
and 35 feet Southerly of the center line of relocated Hersey Street, which
center line is described in Parcell.
The parcel of land to which this description applies contains 1,890 square
feet, more or less.
IT IS EXPRESSLY UNDERSTOOD that the easement herein granted does not convey any
right, title or interest in the land above described as Parcel 2, except those expressly
stated herein, nor prevent Grantor from the full use and dominion thereover; provided,
however, that Grantee shall have the right to go upon the real property hereinabove
described for the purpose of constructing and maintaining said slopes thereon and
making those certain changes in the existing telephone and electric powerlines
necessitated by the widening and improvement of said Hersey Street, it being understood
2-25-81
In I
ii'
.. 81--07084
Page 2 - WD
Highway Division
File 50781
M-3920 (4)
9B-16-28
that the rights in said relocated telephone and electric power lines shall be the same
as previously existed in that portion of the telephone and electric powerlines bcin~
relocated.
Nothing herein contained shall be construed to prevent Grantor from the full use
and dominion over said easement area, provided, however, that such uses are not
inconsistent with the rights herein granted, it being understood and agreed that
Grantee shall never be required to remove the slope material placed by it upon said
property, nor shall Grantee be subject to any damages to Grantor, his heirs and
assigns, by reason thereof, or by reason of the slopes constructed thereon, or by
reason of change of grade of the street or highway abutting on said property or by
reason of the telephone and electric powerlines constructed thereon. Also nothing
herein contained is intended to create an obligation on the part of Grantee for the
maintenance of said telephone and electric powerlines.
And Grantor does hereby covenant to and with Grantee, its successors and assigns,
that he is the owner in fee simple of the said property which is free from all encum-
brances and will warrant and defend the property herein conveyed and the easement
rights herein granted from all lawful claims whatsoever.
Dated this
\S
day of A~~ l L , 1981.
~~O...Ql~.~
Richard A. Bernard
STATE OF OREGON, County of ::r i\-C \L.. Sa IlJ
1l- -p i2. l L
is-
,1981. Personally appeared the above named Richard A. Bernard,
who acknowledged the foregoing instrument to be his voluntary act. Before me:
I, "J" "
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Notary Public for Oregon
My Commission expires /u- ( -w
JacboD County. Oregon
Recorded
OFFICIAL RECORDS
<g: ~ 2. APR 16 1981.1/:Nl.
WALDENE TERRY
COBDEll
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