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Home My WebLink About2002-193 Title Report - Keener"SUPERIOR SERVICE WITH COMMITMENT AND RESPECT FOR CUSTOMERS AND EMPLOYEES" TITLE AND ESCROW SERVICES ATTN: KEN MICKELSEN RE : KEENER/CITY OF PRELIMINARY TITLE REPORT NO!i?ii!ii~ii!i!ii!ii!i!!?i!!iiii!ilill A n r T tle 346 EAST MAIN STREET ASHLAND, OREGON 97520-1833 (541) 488-0778 FAX: 488-1104 (e-mail: ashland~ameri-title.com) PRELIMINARY TITLE REPORT NO. 3 DECEMBER 5, 2002 RE/MAXREALTY GROUP 320 East Main Street Ashland, Oregon 97520 ATTN: RICK HARRIS CITY OF ASHLAND PARKS DIVISION 340 South Pioneer Street Ashland, Oregon 97520 ATTN: K~NMICKELSEN Escrow Number Escrow Officer Title Number Title Officer 753179-EV Eva Vineyard : 753179-EV Cynthia A. Simpson TERR3%SURVEY 274 4th Street Ashland, Oregon 97520 RE: KEENER/CITY OF ASHLAND 128 EAST NEVADA STREET ASHLAND, OREGON 97520 OWNER'S POLICY Liability $162,500.00 Premiums $617.50 STANDARD ALTA MTGEE'S POLICY $121,875.00 Sso.oo LIEN SEARCH - $20.00 We are prepared to issue title insurance policy(ies) of TRANSNATION TIT~E INSITRANCE COMPANY, in the form and amounts above, insuring the title to the land described as follows: Parcel No. 2 and Parcel No. 3 of of Partition Plat No. P-70-2002 of the Records of Jackson County, Ore~on: fried December 5, 2002, Index Volume 13,. Page 70, County Survey No. 17/i73. and as of NOVEMBER 20, 2002 at 8:00 A.M., title is vested in: Florence E. Keener and Gary L..K.~ner, as Co-Tr.~tees of the_ Harold Keener and Florence E. Keener Joint Revocable L~vmg Trust dated August 10, 1995 Order No. 753179-EV Page 2 The policy shall be issued subject to the usual printed conditions, stipulations and exclusions from coverage appearing in such policy form and the following: General Exceptions: Gl. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmmm on real property or by the public record or proceedings by a public agency which may result in rexes or assessm=-nts or notices of such proceedings, whether or not shown by the records of such agency or by the public records. G2. Any fac~, fights, 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. G3. Easement, or claims of easement, not shown by the public records, reservations or exceptions in patents or in acts authorizin~ the issuance thereof, water rights, claims or tide to water. G4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. G5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. THE FIVE EXCEPTIONS SHOWN ABOVE APPLY TO STANDARD COVERAGE POLICIES ONLY AND WILL NOT APPEAR ON AN ALTA EXTENDED LENDERS POLICY. Additional Exceptions: City liens, if any, of the City of Ashland. (An inquiry has been directed to the City Clerk concerning the status of such liens and report will follow if such liens are found) 2o The rights of the public in and to that portion of the herein described property lying within the limits of public roads, streets or highways. 3.. Any adverse claim based on the assertion that: (a) Some portion of said land has been created by artificial means or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by a change in the location of Ashland Creek. Rights of the public, riparian owners and of governmental bodies in that portion of the above described property lying below the high water mark of Ashland Creek. Order No. 753179-EV Page 3 5o Right of way for flume for irrigation purposes and the provisions thereof,as set froth in deed recorded December 27, 1909 in Volume 76 Page 81 of the Deed Records of Jackson County, Oregon. An easement created by instrument, including the terms and provisions thereof, Recorded : August 16, 1966 Document No. 66-09099 In Favor Of : City of Ashland For : Electrical telephone, television or any other utility and facilities Slope easement 10 feet in width, and the provisions thereof, granted to the City of Ashland by instrument recorded April 19, 1967 as Document No. 67-03659, Deed Records of Jackson County, Oregon. 8. Terms and provisions of Boundary Line Agreement recorded August 8, 1972 as Document No. 72-10402. Slope and public utility easement and the provisions thereof, granted to the City of Ashland by Warranty Deed and Deed of Easement recorded Juaae 1, 1990 as Document No. 90-13540, Deed Records of Jackson County, Oregon. 10. Easement for construction and maintenance of a reinforced concrete headwall and wing-wall and the terms and provisions thereof, granted to the City of Ashland by Easement recorded June 5, 1990 as Document No. 90-13743, Deed Records of Jackson County, Oregon. 11. Easement executed by First Interstate Bank of Oregon to the City of Ash_land for slope and public utility easement and the provisions thereof, recorded June 5, 1990 as Document No. 90-13810, Deed Records of Jackson County, Oregon. 12. Terms and provisions of Boundary Line Agreement recorded June 5, 1990 as Ik)cument No. 90-13851. 13. Any uncertainty as to the location of the Westerly Boundary due to the description being the average centerline of Ashland Creek. 14. Unrecorded Trust Agreement, including the terms and provisions thereof and such other exceptions as may appear necessary upon the recording thereof, as disclosed by Modified Warranty Deed, Recorded : September 5, 1995, Document No. 95-24934 To : Florence E. Keener and Gary L. Keener, as Co-TrusteeS of the Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995 If the forthcoming instruments are to be executed by the original trustee, it will not be necessary to furnish a copy of the trust agreement. 15. Notes pertaining to existing easements and terms thereof, as disclosed on the face of recorded Partition Plat No. P-70-2002. Order No. 753179-EV Page 4 16. Public utility easement and slope easement over the Northerly 4.96 feet of Parcel 3 and the Northerly 10 feet of Parcel 2 as delineated on Partition Plat No. P-70-2002. 17. A 10 foot irrigation easement, underground pipeline, flume and a 2Q foot irrigation access easement as delineated on Partition Plat P-70-2002. 18. Drainage way easement for Ashland Creek as delineated on Partition Plat P-70-2002. 19. Open space and conservation easement as delineated on Partition Plat P-70-2002. NOTE: We find no judgments or United States Internal Revenue Liens against City of Ashland. NOTE: We find no judgments or United States Internal Revenue Liens against City of Ashland NOTE: Real Property taxes for the year 2002-2003 in the original amount of $2,779.06, PAID IN FULL. Map No. 391E04BD, Tax Lot 1901, Account No. 1-004808-5, Code 5-01. (Includes this and other property) NOTE: THIS REPORT IS HEREBY UPDATED TO REMOVE EXCEPTION NOS. 1 AND 16 FROM REPORT NO. 2, TO ADD NEW EXCEPTION NOS. 15, 16, 17, 18 AND 19, TO SHOW AMEND PAID TAX NOTE AND TO REFLECT NEW LEGAL DESCRIPTIfIN. NOTE: When preparing Trust Deeds, please use AmeriTitle as the named trustee. Effective March 1, 1996, American Pacific Title & Escrow Company, by merger, became AmeriTitle. Yours truly, AmeriTitle Cynthia A. Simpson Title Manager cynthias~ameri-tifle, eom "Superior Service with Commitment and Respect for Customers and Employees" OR 90-;$745 FS 7325 m s/a' /P W~ 6' oegP CAP teor LEG~LE (F$ 7325) FROM FS 9643 F~9643 10T 7 ASHLAND ? LOT 6 t SUBO~W~ON ~ I i FD 5/8' /P W/CaP 6' DEEP IdARKED RL$ 759 FROM AE/~ILANO CREEK SUBDIVISION (.~E SHE£T 3) 10104 AVERAGE CENTERUNE O~ ASHLAND CREEK AS CALLED IN gOUNDARY UNE AGREEMENT. DOCUMENT OR 72-10402 AND AS LOCATED OCTOBER, 2002 PARCEL OPEN m S/g° IP W~CAP MARKED SEE SHEET 3 FOR ADDITIONAL EASEMENT INFORMATION AVERAGE CENTERUNE OF' ASHLAND CRE~"K AS LQCA7ED JUNE ~ ~LY 1973 (~ ~ 7325. 1~04, 7041. ~) va~ESS COR~ER N89~JO'Oa'W (~-~'ST) (R2-Ne9'49"~O"W) PARCEL 2 PAR~TION PLAT P-94--1996 rS 15173 NM'W, Z59' FD 5/8' )P F~ 12761 ~ LOT ~ F~ 14570 O.~ ~w~s LOT 8 F*D 3' BRASS CAP FLUSH MARKED: NE COR OLC NO. 40 T39S RYE RS 638 1972 1~89'50'08'W '~ r32..00' ~ CORNER FALLS IN CRE'E~ SET V4TNESS CORNER S89"50'0~'F., 25.00' OR- PUE BASIS OF BEARING 1RUE ME~IOIAH AT THE N-S CEN~ OF FROM THE N.O.A.A. SURVEY ~ ~ ~ N ~[ C~ ~R~. ~E ~ 12071. ,eT 'A ' Fl) 2 1/2' gRASS CAp ON MARKED: SWAfN SUR~YING, SURVEY HONUMENT t989 ELL COR DLC 41 [SURVEY i' £ LEGEND SUR'~,~"YED! PROPERTY UNE # FENCE RE~K~RDS, JACKSON ~N~ ~ ~E PU~C U~U~ A~ CAB~ ~ EA~ ~AINA~ WAY EASEMgNT FOR ASHLAND TO gE DEDICATED BY THIS PLAT I C~"'Y THAT THIS .~URVEY WAS PR~PAR~ I~,l ~V~ ~ MA~A~ ~ ~ BY ~S 2~.2~ ~C ~C~ U~ ~ ~ PA~A~ 27~83' RECOROED IN OOCUt4ENtI: NO. 90-.t3810, OF'RCIAL R£CORD~, JA. PUBLIC U~ILITY, SLOPE, AND THIS P~AT ~ HAV~ NOT g~ S~'T 2). NOTE 2: A RIGHT OF' WAY OF' UN, P~R~ION TO MAINTAIN AND RE, 81, EXISTS ACROSS ~ PAR~IT A TTACH~D IRRIGATION ~ HAS E UN~IIPROt~D TRAC~, APPRO~i ACG[$S SAID IrLUME HAS ~ DE1~CATED A~ ~D L~ ~..~'1 L3 40. 75' G~vIS IS TO CERTIFY ~'fAT THIS IS ERATED COPY OF' THE ORIGINAL STUART M. OSMUS, PLS 2464 LAND SURVEYOR ORi~QON ~WUA,qg' M. Ot4~U~ ,,,,,.. ,~./~/,,,,