Loading...
HomeMy WebLinkAbout1990-031 Warranty Deed - Keener9O-13540 WARRANTY DEED AND DEED OF EASEMENT 0.0o /0. 8o KNOW ALL MEN BY THESE PRESENTS that HAROLD KEENER and FLORENCE E. KEENER, husband and wife, hereinafter called Grantors, for and in consideration of TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500.00), to be credited against the upcoming Nevada Street improvement assessment as ordered and authorized by Ordinance No. 2540. The credit to be distributed equally along the frontage of lots 391E4BD1901 and 391E4BD1900 (parcel no. 1 and 2) at the rate of TWENTY-FOUR DOLLARS ($24.00) per frontage foot. This said consideration to Grantors paid by the CITY OF ASHLAND, OREGON, a municipal corporation of the State of Oregon, hereinafter called the Grantee, they do hereby grant, bargain, sell and convey unto the said Grantee and Grantee's successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Jackson, State of Oregon, described as set forth on Exhibit "A" which is attached hereto and incorporated herein. TO HAVE AND TO HOLD the above described and granted premises unto the said Grantee and Grantee's successors and assigns forever. And said Grantors hereby covenant to and with said Grantee and Grantee's successors and assign, that Grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances, except as herein set forth, and that Grantors will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. -1- Deed RE]NALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET A~HLAND, 01~EBI-iN 97520 90-13540 Further, the said Grantors do hereby grant, bargain, sell and convey to the said Grantee, a slope and public utility easement with said easement to be perpetual and to be for the purposes and across the land described in Exhibit "B" which is attached hereto and incorporated herein; further, the consideration for said easement is stated above with respect to the conveyance of the land. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. In Witness Whereof, the Grantors have executed this instrument this ~-/~/~ day of May, 1990. STATE OF OREGON ) : County of Jackson ) Personally appeared the above named HAROLD KEENER and FLORENCE E. KEENER, husband and wife, and acknowledged the foregoing instrument to be their voluntary Before me: act and d co~mission expires~~. -2- Deed RI3NALD L. SALTER ATTORNEY AT LAW ~4 THIRD STREET A=:HLAND, EIREGfIN 9752n 90-13540 EXHIBIT "A" A strip or parcel of land, 8.30 feet wide located in Donation Land Claim No. 41, Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon being more fully described as follows: Commencing at a 2-inch iron pipe with S-inch bronze disc monumenting the Northeast corner of D.L.C. No. 40, said township and range; thence South 89° 49' 10" East, 132.00 feet to the Eli Corner of D.L.C. No. 41, thence along the West line of said D.L.C. No. 41, North 003 19' 02" East, 613.80 feet to the Southerly line of Nevada Street, as deeded to the City of Ashland by that instrument recorded in volume 34, page 166 of the Jackson County Deed of Records, thence continue North 003 19' 02" East, 13.34 feet to the Southerly line of that tract of land deeded to the City of Ashland for street purposes recorded as document No. 67-03658 of the Jackson County Deed Records for the True Point of Beginning; thence along the South line of said tract, South 890 49' 10" East, 320.98 feet (deed record East, 326.04 feet) to the West line of Oak Street; thence along said west line, South 02° 57' 16" West, 8.31 feet (deed record South 23 58' West); thence leaving said West line, North 89° 49' 10" west, 320.63 feet to the West line of said D.L.C. No. 41, thence along said West line, North 000 19' 02" East, 8.30 feet to the point of beginning. 90- 3540 EXHIBIT "B" (Easement) An easement, 5 feet in width, for the installation and maintenance of public utilities and slopes located in Donation Land Claim No. 41, Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon being more fully described as follows: Commencing at a 2-inch pipe with 3-inch bronze disc monumenting the Northeast corner of D.L.C. No. 40, said township and range; thence South 890 49' 10" East, 132.00 feet to the Ell Corner of D.L.C. No. 41, thence along the West line of said D.L.C. No. 41, North 000 19' 02" East, 613.80 feet to the Southerly line of Nevada Street, as deeded to the City of Ashland by that instrument recordedd in Volume 34 Page 166 of the Jackson County Deed Records; thence continue North 000 19' 02" East, 5.04 feet to the True Point of Beginning; thence South 890 49' 10" East (deed record east) 320.63 feet .to the West line of Oak Street; thence along said West line, South 020 57' 16" West, 5.00 feet (deed record south 2° 58' west); thence leaving said West line, North 890 49' 10" West, 320,42 feet to the West line of said D.L.C. No. 41, thence along said West line, North 000 19' 02" East, 5.00 feet to the point of beginning. Jackson CountY, OregOn Recorded OFfICiAL REcoRDS KATHLEEN S. BECKETT · CLERK anc~ RECORDER ~~_Depub/ RECEIPT JACKSON COUNTY CLERK AND RECORDER MEDFORD, OREGON NO. 352501 90-13540-: ,/ ¥,4? ~- CASH CHECK '~-- (-' ' TIME CITY OF ASHLAND REQUEST FOR CHECK NAME ADDRESS FOR REQUEST FOR WARRANT [] _ pAYEE FUND CHARGED DATE APCROVED AMOUNT TOTAL RBNALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET AE~HLAND, DR,EGBN 9752B (503) 482-4215 January 2, 1991 Ms. Nan Franklin City Recorder City Hall Ashland, OR 97520 Re: Our File A-249 Dear Nan: Enclosed is a Title Insurance Policy and a letter from me to Jim Olson with his notes on the bottom which will allow you to identify the transaction and to file it accordingly. Very truly yours, RONALD L SALTER City Attorney RLS/kr Enclosure RBNALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 97520 (503) 482-42 1 5 December 17/ 1990 Jim Olson Assistant Engineer City Hall Ashland, OR 97520 Re: Our File A-249 Dear Jim: Enclosed is the Title Insurance Policy with respect to the land on Nevada. I suggest that it should go to Nan but with something from you which would identify it so that Nan can file it in a way that it can be found if needed in the future. Very truly yours, R~SALTER RLS/as ALTA O~'n~'s Policy OO-~l-~r) Schedule A SCHEDULE A Policy No. 161813/CTI - 77186 Amount of Insurance $10,500.00 Premium $175.00 Date of Policy: June 1, 1990 at 1:12 P.M. 1. Insured: CITY OF ASHLAND, OREGON a Municipal Corporation, of the State of Oregon The estate or interest in the land which is covered by this policy is: an estate in fee simple Title to the estate or interest in the land is vested in: CITY OF ASHLAND, OREGON a Municipal Corporation, of the State of Oregon SEE SCHEDULE A- CONTINUED 161813/CTI - 77186 SCHEDULE A - CONTINUED o The land referred to in this policy is described as follows: A strip or parcel of land, 8.30 feet wide located in Donation Land Claim No. 41, Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon being more fully described as follows: Commencing at a 2 inch iron pipe with 3 inch bronze disc monumenting the Northeast comer of Donation Land Claim No. 40, said Township and Range; thence South 89° 49' 10" East, 132.00 feet to the ell corner of Donation Land Claim No. 41; thence along the West line of said Donation Land Claim No. 41, North 00° 19' 02" East, 613.80 feet to the Southerly line of Nevada Street, as deeded to the City of Ashland by that instrument recorded in Volume 34, Page 166 of the Jackson County, Oregon, Deed Records; thence continue North 00° 19' 02" East, 13.34 feet to the Southerly line of that tract of land deeded to the City of Ashland for street purposes recorded as Document No. 67- 03658 of the Jackson County, Oregon, Official Records for the true point of beginning; thence along the South line of said tract; South 89° 49' 10" East, 320.98 feet (deed record East, 326.04 feet) to the West line of Oak Street; thence along said West line, South 02' 57' 16" West, 8.31 feet (deed record South 2° 58' West); thence leaving said West line, North 89° 49' 10" West, 320.63 feet to the West line of said Donation Land Claim No. 41; thence along said West line, North 00° 19' 02" East, 8.30 feet to the point of beginning. 161813/CTI - 77186 ALTA POLICY FORMS STANDARD COVERAGE SCHEDULE B This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees or expenses, which arise by reason of the following: 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 thc 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 thc public records. 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. Easements, encumbrances, or claims thereof, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law and not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. Rights of the public in and to any portion lying within the limits of public roadways, if any, and/or rights of private parties over any portion lying within existing roadways or driveways not disclosed by the public records. Right of way for flume for irrigation purposes, as set forth in instrument recorded in Volume 76, Page 81, Jackson County, Oregon, Deed Records. 161813/CTI - 77186 604 West Main St. Phone 779-7250 Medford, Oregon 97501 CRATER TITLE INSURANCE CO. Serving all of Jackson County 485 East Main St. Phone 482-4006 Ashland, Oregon 97520 NEVADA ['.~ 2010 oo C.~ I I ! I 2002 ~ :~.~ ,,,-_ I:z,, ~' I 200~ //_,- · 2oo~ ~ ', $. /30? 200.5 1500 W. Line DLC 4 1~00 \ · ' 0.39Ac' 1600 tl8Oo 0.~,. 5 -I :.,.80 TOWNSHIP c~ RANGE Z/~- SECTION ~ THIS SKETCH IS FOR LOCATION PURPOSES ONLY. NUMBERS ON SKETCH ARE COMPANY NUMBERS AND NO LIABILITY IS ASSUMED ~'OR VAR!ATi~ *~!SCLOSED BY SURVEY OR COUNTY RECORDS. ALTA Owners Policy (10121187) First American Title Insurance Company o£ Oregon 200 S.W. Market St. · Portland, Oregon 97201 · (503) 222-3651 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Countersigned BY ATTEST dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON OLTA Form 13 TI 128 8/88