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HomeMy WebLinkAbout1981-100 Property Acquisition - DelaTorre for Hersey St . Gl, '. ,... : .....: " , , ' . . , . , ' '...... " .. .......... VICTOR ATlYEH -- Form 734-3122 --......:::::= RO\-l 12 ,,- Department 01 Transportation HIGHWAY DIVISION TRANSPORTATION BUILDING, SALEM, OREGON 97310 CERTIFIED In Reply Rofer 10 File No.: October 26, 1981 Rosario DelaTorre c/o Neil Flanagan 1058 \-lest Harvard Roseburg, Oregon 97470 RE: File 50780 Oak Street-Mountain Avenue ,(Ashland) Hersey Street Jackson County Dear Mr. DelaTorre: Enclosed is State Highway Fund Check No, 14505 for $20,002,00 payable to Rosario DelaTorre. This payment represents the full consideration for 0,2 acre of land, a permanent easement for slopes, telephone powerlines and drainage over 2,400 square feet and for slopes and drain- age over 1,160 square feet. To the consideration we have added $2.00 for the City's share of the 1980-81 taxes. Very truly yours, Crti; ?( Z:">- Adele L, Egan (J R/W Office Unit Supervisor ALE:jr Ene. cc: F. C. Lowe . ~ City of Ashland w/att~ William Robertson Ronald L. Salter :~ 81-181'14 (i) t>"TT' ;s-I~s-g7 \-IARRANTY DEED Qq!. O~ /()' /+ ,-1< 9B-16-28 3"1''f~'1~ Grantor, for the con- Highway Division File 50780 M-3920 (4) .. ....'.. /Ii''-' KNOW ALL MEN BY THESE PRESENTS, That ROSARIO DelaTORRE, sideration of the sum of Twenty Thousand and No/lOO DOLLARS ($20,000.00) 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; the said parcel being that portion of said D,L.C. No. 42 lying Southerly of existing Hersey Street; Easterly of Oak Street; Westerly of that property described in that deed to Richard A. Bernard, recorded as Document No. 78-17674 of the Official Records of Jackson County and included in a strip of land 30 feet in width, lying on the Southerly side of the center line of relocated Hersey Street, which center line is de- scribed as follows: Beginning at Engineer's center line Station 34+55,21, said station being 89.61 feet North and 119.90 feet ]Vest 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. The parcel of land to which this description applies contains 0,2 acre, more or less. Also for the above stated consideration and as necessitated by the widening and improveI1'en't of ,the Oak Street-Mountain Avenue (Ashland) Section of Hersey Stie':t, there is he~~by granted unto Grantee a perpetual easement for the construction, , .. ;' .- ',~'~ . ,operation, and maintenance of slopes of cuts or fills; telephone and electric power- . lines ,., including their appurtenances; and drainage -facilities upon, (')Vel:, through, and across ,the property hereinafter described as Parcel 2 and a permanent easement for the construction, operation, and maintenance of slopes of cuts or fills and drainage facilities, upon, over, through, and across the property hereinafter de-, scribed as Parcel 3. PARCEL 2 (Slopes, Telephone and Electric Powerlines, and Drainage) A parcel of land lying in the R.B. Hagadorn D.L.C. No. 42, Township 39 South, Range 1 East, Iv.M., Jackson County, Oregon; the said parcel being that portion of said D.L.C. No. 42 lying Easterly of Oak Street; Westerly of that property described in that deed to Richard A, Bernard, recorded as Document No, 78-17674 of the Official Records of Jackson County and 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 2,400 square feet, more or less. " PARCEL 3 (Slopes and Drainage) A parcel of land lying in the R,B. Hagadorn D.L,C, No. 42, Township 39 South, Range 1 East, 1-1.1,1., Jackson County, Oregon; the said parcel being that !/'i ~ \f/l ...,.'-...,', .- Highway Division File 50780 M-3920(4) 9B-16-28 ~ 61-.-18114 , , portion of said D,L.C, No. 42 lying between lines at right angles to the center line of relocated Hersey Street at Engineer's Stations 37+75 and 40+00 and between lines parallel with and 35 feet Southerly and 40 feet Southerly of said center line, which center line is described in Parcell. The parcel of land to which this description applies contains 1,160 square feet, more or less, IT IS EXPRESSLY UNDERSTOOD that the easements herein granted do not convey any right, title or interest in the land above described except those expressly stated herein, nor prevent Grantor from the full use and dominion thereover; provided, however, that such use shall not be permitted to damage or destroy the lateral support to said public way, or to interfere in any way with the relocation of the existing telephone and electric powerlines or with the construction, operation, or maintenance of Grantee's d~ainage facilities. Grantee shall have the right to go upon the real property hereinabove described for the purpose of constructing and maintaining said slopes thereon; making those certain changes in the existing telephone and electric powerlines; and constructing, operating, and maintaining drainage facilities, It being understood, however, 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 being relocated. IT IS FURTHER UNDERSTOOD that nothing herein contained shall be construed to impose any duty, oblig~tion cr li~9i+ity l1pO~~r~~r~~~ by reason of the construction, operation or maintenance of said slopes and/or drainage facilities or by reason of the telephone and electric powerlines constructed thereon. It is also 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 the Grantor, his heirs and assigns, by reason thereof, or by reason of the change of grade of the street abutting thereon, or by reason of telephone and powerlines and the drainage facilities constructed thereon, Also nothing herein contained is intended to create an obligation on the part of Grantee for 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 encumbrances and will warrant and defend the property herein conveyed and the ease- ment rights herein granted / CJ!ju from all lawful claims whatsoever. Dated this day of ~981 osario Del:fo2d 7!~ ~- " . . . , .~ . 81r-1.8114 ~--,--, Highway Division 50780 M-3920(4) 9B-16-28 /9~ STATE OF OREGON, County of v{~ Ora~~ I , 1981, who acknowledged the foregoing instrument to be his voluntary act. Before me: Personally appeared the above named Rosario DelaTorre, ....."""mll}!t,. "';"'!!''#'l>a' """,, ,,~'" ~~~~~,(}, LJ "';;\ .' .\'......:. erA ,;f~ , , ,,- -. ,.~ "' ,".' .'" ....~Ai!^..,: ", '1> '. ,': .~. .::..~ .-'- .:';J.'S'.r,,"~:,\"'~';': ,..... ..;.. '::. ,,~, l .. ...,., :/i'O' lA'1"> " '" '0 ;, . -. ~\ If L.. ~,. =-;,1:." ,L-'1#:;' '-i,',O::l_ .",."~Jit~. ....,~,_- ~ ~.~~~i:~~:~~~l~1.1'; ~- f. ~ ; ',...,P'....,.,"~~...,..._... ~ .^~.:..,'~~~~..Q.t.'.'!' l ~ :. . Y',. ;~'~'~,.t..'..~...." . ......: .. ." ~'.~ ~..";~ ;.<./it)ti~c:r:.;.- (') l '( ". ')-1"...:...,. ~,(, , '. ~ nv ..' '.' '''', OF Or ,... ../ "'"~.''' .~,,~' ,'l ....,~'~""'U,IO. _ ..FlY ....... ,,,*~;-l>->~ 9/15/81 Page 3 - WD jh/II/ /.IldI~i{;,~ Notary Public for regon My Commission expires ~. '} / 'I ~~ tI Jackson County. Oregon B8ClOIded OmCIAL RECOllDs 8':3~EP25 198~ WALDENE TERRY ar~ :', , ,.,. -....-~---. ~o-1 ,J--c 'JAckSON COUNTY BRANCH Medford, Oregon 97501 72)/,,'1, ,10th Street '';t-,,;,y P,O, Box 9 (503) 779-7591 Premium $ 120,00 aD PIONEER NATIONAL TITLE INSURANCE RIGHT Of WAY ADMINISTRATION R l!.' (; E i V EJJ , P-O A neOR COMPANY cy of Title Insurance ~~~~~r;J ;I~S p,~_ Cf _~~ TA JRUE' PIONEER NATIONAL TITLE INSURANCE COMPANY, a a\+toi[;;j-d~k!tjllilJ ~~ called the Company, for a valuable consideration paid for this policy of title insurance, t~e num' ich 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 obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: i:-," I Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or Unmarketabilitv, at the date hereof, of the title to said land of any vestee named herein, unless such un- marketability exists because of defects, liens, 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. , ----' ,--------- Pi one r Nationalsl'itle'lnsurance ff-"\:\iLt:: IN~'H\,\ ;:::' """\..- ..... ..... , ~ 'I .r ~ ..- -1 , ; ~ .. -..'" - , . ,,,..Y I. "<<""-~-'''_'''>'("0Y. ~;z : '0-,' ",I: r r. ~ .; . TI ~. "d ~ a::. _'" . )'. ( .8SI ent r,.: . ',,- -, '- O~ ~, ~ \- .'._"~,.,.-'-----;-""'~... ~ ~ ll-'t--. "0 - ...):.b: /10.-0 .. '\,;::' 10/0' 'I"".'v ": ('(\;". , Attest: ~'~ ""\,"-'\"'~~ Secretary --------- --.---- CO/Jed: BY' X~"f hb ~ ~,a~~- Validating Signatory / TO 1529 PNTI OR (1-75) Rating Bureau for Title Insurance Companies in Oregon Standard Coverage Policy ..... A ~ o ~ ~ <l o 'y; ';;: (5 . .. ~>> 'T{ "", ~]! 2~ .... '" ~cn I ~E;:> '-----, '-- '---'- Schedule of Exclusions from Coverage ~ r ~ /, i:.l I' ij ~ 1 u . ~ ~ ~ ~ ~ i I 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- lie 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 qr 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 su'ch 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 Insured 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 th'e pub- lic records, unless disclosure thereof in writing by the Insured shall have been made to the Coinpany 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-Ie,nding:' or similar law. Conditions and Stipulations I . , I 1 1. Definition of Terms The following terms when used in this policy mean; (a) "land": the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law con- stitute 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 sa id indebtedness, or any part thereof, whether named as an Insured herein or not. subject otherwise to the pro- visions hereof, I ! I . ! I I I . I , I , I . I , I I , I I I I I I 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 said 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 forc~ 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 sha I I 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, ~I policy, and may pursue any litigatiOr) to final determination in ' the court of last 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 shal I 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. lien 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 action. proceeding or matter shalt 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 actua I Iy prejudiced by such failure and then only to the extent of such prejudice. tel The Company shall 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 I ien 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 policy, (d) In alt 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 all appeals therein, and~perniit ,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 ~ction.oYpr6ceeding. and the Company shall re- imburse the Insured ,!2r ~ny expense so incurred. .4. -Notice af-lass- limitation af Action 0ln'additionio.the notices required under paragraph 3tb). a statement in writing of any loss or damage far which itis claimed t,he Company, is liable under this policy ,shall be fur- ..... nished to the Company'within sixty days after such loss or damage shall,N:Jve been determined and no right of action shall I,accrue to !~e Insured under this policy until thirty days after - "..,..-. (C~ions afld Stipulations Continued and Concluded on Last Page of This Policy) '" SCHEDULE A Amount $ Premium $ 20,000,00 120,00 Date September 25, 1981 8:32 At 8;;110 A. M, INSURED ------CITy OF ASHLAND, OREGON------ a municipal corporation 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; the said parcel being that portion of said D.L,C, No. 42 lying Southerly of existing Hersey Street; Easterly of Oak Street; Westerly of that property described in that deed to Richard A. Bernard, recorded as Document No, 78-17674 of the Official Records of Jackson County and included in a strip of land 30 feet in width, lying on the Southerly side of the center line of relocated Hersey Street, 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) 5~7,88 feet; thence South 890 56' 37" East 716,91 feet to Engineer's center line Station 47+00. 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; the said parcel being that portion of said D.L.C. No, 42 lying Easterly of Oak Street; Westerly of that property described in that deed to Richard A. Bernard, recorded as Document No, 78- 17674 of the Official Records of Jackson County and 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 Parcel I, PAGE 2 OF POLICY NO, 15-17587 F 236 REV 11-74 @)I J ~~ r/~ PARCEL III: 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; the said parcel being that portion of said D.L.C. No. 42 lying between lines at right angles to the center line of relocated Hersey Street at Engineer's Stations 37+75 and 40+00 and between lines parallel with and 35 feet Southerly and 40 feet Southerly of said center line, which center line is described in Parcel 1. Page 3 af Pal icy Na, 15-17587 F-236A iVL 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 Dot 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 trust 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. Easement, including the terms and provisions thereof, from Southern Pacific Company to D,L. Patterson, recorded August 23, 1945, in Volume 264 page 52, Deed Records. (Affects Tax Lot 1900) 6. Easement, including the terms and provisions thereof, from Earl T, Newbry, et ux, to The California Oregon Power Company, a California corporation, recorded February 11, 1948, in Volume 291 page 247, Deed Records. 7. Easement, including the terms and provisions thereof, from Rosario DelaTorre to the City of Ashland, Oregon, recorded September 7, 1979, as Instrument No, 79-19684, Official Records, (Affects Tax Lot 1900) 8, Easement, including the terms and provisions thereof, from Rosario DelaTorre to the City of Ashland, Oregon, a municipal corporation, recorded September 25, 1981 as Instrument No, 81-18114, Official Records. PAGE 4 OF POLICY NO. 15-17587 "'20'1""". . ", - ,--.,..,-' --'---,-~~~...." ",,,._-~,~~...~-,....-,~ , . , , The sketch below is mad.;, solely 'for the purpose of assisting in locating .aid premises end the Co";p"ny .ssumes ~ ~',.i"o'l,iability for ,variations, if any, in dimensions and foe.ation ascertained by ac:h:a,' :iurvey.. , Pioneer National Title Insuranca Company , A TICOR COMPANY " ....... -----~r- : {-;nil ~:H..,_ ..' .'J..~ ., 4 , ~~~:.-~!') , -.J ~'~>_ .', -- ____ '''J.,~ ;0~1. . .. ........ STREEr-- , . ~~~~;,~/Ccr. {,,~ ,"', '---='_ ~., ~ /J,"n.t::I:;"I:,'"J7~ ' I ", fi,:;:F."-, ,', ' - , , , /8 ,..,-.. - '":"--~---:--... ~~ ~--~=-- ~, '--- 2000 , '@' ::;7:Y_~ . ., "- u ., 't /"4,3' Q /600 ' '~' ,'''' , (P-SSlS) ,tt;~,," (,P- ~.~\) ~ V . ~., " \' ,( Y) '~ ..... , '\ -"'-.. <-. ------ , ' ~ ,'. '~ -......:.'tOUh "'~7F:J?N ',- ,4"') 378,<" 11 A I. . OWNER'S INFLATION PROTECTION INDORSEMENT " ATTACHED TO POLICY NO, 15-17587 ISSUED BY Pioneer National Title Insurance Company The Company, recognizing the current elleet of inffation 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: I, 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 delined, for the purpose of this Indorsement, to be 12:01 a.m, on the lirst January I 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 delined 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 lndex. 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 lirst 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 Insurance Company ';":"--. '.'...,. by a4L;i;,:iiJ~ h ~!~_r",: " ,:, /. I PRESIDENT ~", ,', - ~ " 1'2;:: h . Attest: SECRETARY RATING BUREAU fOR TITLE INSUR...NCE COMPANIES IN OREGON f'219 1,75 , . . r . " '<;::, (Conditions -and Stipu lations Continued an-d Cone luded From Reverse Side of Pol icy 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, Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against main- tenance by the Insured of any action under this policy, 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to payor settle or compro- mise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, Of, in case loss is claimed under this policy by the owner of the indebtedness se- cured by a mortgage covered by this pol icy, the Company sha II have the option to purchase said indebtedness; such purchase. payment or tender of payment of the full amount of this policy. together with a I I costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability 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 a' J, the actua I loss of the Insured and costs and attorneys' fees which the Company may be obligated here- under to pay. (b) The Company wi I I 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 litigation carried on by the Insured with the written authorization of the Company, (cl 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, I ien 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. sha 11 reduce the amount of the insurance pro tanto and no payment shall 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 shall 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 policy the loss or damage shall be pay- able within thirty days thereafter. 7. Liability 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 shalt 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 Apporti onment (al 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 parti'a I loss established sha II be borne by the Company as one hundred twenty per centum of the amount of this pol icy bears to the sum of the amount of this policy and the amount expended for the improvement, The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs im- posed on the Insured in such actions or proceedings, and shall apply only to that portion of losses which exceed in the aggre~ gate ten per cent of the face of the pol icy, Provided, however. that the foregoing coinsurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value 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 policy was divided pro rata as to the value 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, t~e Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of ~id 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 perfE?ct 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 ow'ner of the indebtedness secured by a mort. gage covered by this policy, such Insured may release or substi. tute the personal liability 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 I ien of the mortgage. or release any collateral 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, 6300 Wilshire Boulevard, P,Q, Box 92792, Los Angeles, California 90009. '- ,;;; '~ OREGON DEPARTHEllT OF TRANSPORTATION ,.. Grantors: Rosario DeLatorre File No. 50780 Fed. Aid No. H-3920 (4) Address: 148 Hersey Street, Ashland, OR Jackson Purpose: Avenue (Ashland) Hersey Street (City R/W & Perm. Ease. Agent: Hopkins Street) Section: Coun ty : Oak Street - Hountain REAL ESTATE OPTION IN CONSIDERATION of the offer to the undersigned for the hereinafter described property, the undersigned hereby give and grant to the*State of Oregon, by and through its Department of Transportation, upon the terms and conditions hereinafter stated, the option to purchase the property described on Exhibit "A" attached, bearing date of 1980, and covering three (3) parcels. , The Oregon Transportation commission shall have the irrevocable right, at any time, within three (3) months from the date hereto, to accept this option. The undersigned, hereinafter referred to as "Grantors", agree to deliver to the State of Oregon, by and through its Department of Transportation, hereinafter referred to as "State", a warranty deed to said property, CONVEYING A GOOD AND NERCHANTABLE TITLE THERETO FREE FROH ALL OUTSTANDING LIENS Ai"lD ENCUl-ffiRANCES, INCLUDING UNPAID AND DEFERRED REAL PROPERTY TAXES, k~D FREE FROH ALL RIGHTS OF LESSEES, TENANTS AND OTHER PERSONS CLAIHING ANY RIGHTS IN OR TO SAID PROPERTY. The conveyances shall include all buildings, fixtures and crops located on said property--asUwell -a-s'appur- tenances thereto (except for items herein reserved_by_Grantors)__=-Grantors further agree not to sell or encumber said property during the term of this Option. Upon the delivery of said deed and the clearing of title satisfactory to State, Grantors, in the usual course and through the usual channels of auditing claims against State, shall be paid the su,n of TWENTY THOUSA."lD DOLLARS ($20,000.00) as full payment of L~e purchase thereof. Grantor does not have to provide title insurance. State will pay all recording charges for docu~ents required to vest clear title in State; and prorate taxes as of the date of possession or transfer of title, whichever is earlier. o ::0 - (i) - :z Grantors acknowledge all items of damages, all s~~s of money to be paid, )> and all things to be done by State are in this option. Grantors agree, ~ the consideration recited herein is just compensation for the opt~oned property, including any and all damages to Grantors remaining property, if any, which nay result from the acquisition or use of said property anc the construction or i:nprovenent of the high1l1ay. All claims for daBages, in j'clry or loss on aCCOilll 'c of failure to close this option are hereb:i expressly waived. -1- Real Zstate Option (}..tJ 4 - - [, ~I J., . , .~ EXHIBIT A File 50780 Rosario DeLaTorre and Pamela DeLaTorre JS 1-15-80 9B-16-2S Survey Approval Project Section: Oak Street-Mountain Ave. (Ashland) Hersey Street (City Street) Non-Throughway FEE SI~WLE: Title iR fee simple to the following described real property for right of way purposes: 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; the said parcel being that portion of said D.L.C. No. 42 lying Southerly of existing Hersey Street; Easterly of Oak Street; Westerly of that property described in that deed to Richard A. Bernard, recorded as Document No. 78-17674 of the Official_ Recl)rds_ of-Jackson County and' included in a strip of land 30 feet in vidth, lying on the Southerly, side of the center line of relocated Hersey Street, vhich 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,-1ownship,39 South, Range 1 East, W.M.; thence on a 1145.92' foot radius curve left (the long chord of which bears South-76~44-'-48"-East-5:23-;-22- feet) 527.88 feet; thence South 89,0 56' 37" East 716,91, feet to Engineer:' s center line Station 47+00. The parcel of land to which' this description applies ,contains p.2 acre, more or less. " SLOPES, DRAINAGE FACILITIES AND PO~ffiR &~D TELEPHONE FACILITIES: A permanent easement across the following described real property for the purpose of constructing, maintaining and repairing the slopes of cuts or fills occasioned by or resulting from the project and for the purpose of installing, repairing and maintaining power and telephone facilities and, in addition, for the installation, repair and maintenance of drainage facilities. Since fee simple title is not being acquired, any use may be made of the real property-provided that such use shall not interfere with the purpose of this easement. The real property affected by this easement is described as follows: PARCEL 2 - A Permanent Easement for Slopes, Drainage facilities, Power and Telephone facilities. , , I A parcel of land lying in the R,B, Hagadorn D.L.C. No. 42, Township 39 South, Range I East, W,M., Jackson County, Oregon; the said parcel being that portion of said D.L.C. No. 42 lyirig,Easterly E,101\1:>'T "A" t><='l...~ I ~ ~ (~L<=\\O\;!RE.) I I f " . "') of Oak Street; ~esterly of that property described in that deed to Richard A. Bernard, recorded as Docucent No. 78-17674 of the Official Records of Jackson County and bet\Jeen lines 'parallel \rith and 30 feet Southerly and 35 feet Southerly of the center line of relocated Hersey Street, \Jhich center line is described in Parcell. ,The parcel of land to \Jhich this descriptio~ applies contains 2,400 square feet, more or less. PARCEL 3 - A Permanent Easement for Slopes and Drainage facilities. 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, OregC?n; the said parcel being that portion of said D.L.C. No. 42 lying between lines at right angles to the center line of relocated Hersey Street at Engineer's Stations 37+75 and 40+00 and between lines parallel ,with and 35 feet 'Southerly and 40 feet Southerly of said center line, which center line is described in Parcell.' The parcel of land 'to which this description applies contains 1,l60'square feet, more or less.' c.XHIl~rT"A" t'P4r.. .:l. or .::. (aE.L~ToRR"'l . , . ~~thiS Agre~ment,is accepted by the State and the City of Ashland, then they agree to hold Rosario DeLatorre harmless from any damages that may have resulted from the alleged interference by Mr. DeLatorre with the Con- tractor. . *All references herein to State shall mean City of Ashland throughout this document. NOTICE: BEFORE SIGNING THIS OPTION BE SURE ALL OBLI~TIONS, INCLUDING THOSE YOU EXPECT STATE OF PREFORM, ARE SET OUT IN THIS OPTION AND THAT YOU FULLY UNDERSTAND ALL OF THE TERMS OF THIS OPTION. , /~ Dated this ::2rUJ day of CL.t~~ o , 1981. ~.c) ~ 10A.AJL R SARlO DELATORRE d~~9t~' WITNESS ' -2- Real Estate Option