HomeMy WebLinkAbout1990-031 Warranty Deed - Keener9O-13540
WARRANTY DEED AND DEED OF EASEMENT
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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
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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
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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