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Home My WebLink About1982-063 Easement - Reynolds COTTLE & HOWSER PROFESSIONAL CORPORATION ATTORNEYS AT LAW 607 SIBKIYOU BOULEVARD POST OFFICE BO)(. 627 ASHLAND,OREGON 97520 <503 August 17, 1982 RICHARD C.COTTLE THOMAS C.HOWSER CHARLES R.WATSON Mrs. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Re' Tyran Reynolds - City of Ashland Our File No. 5614-7 Dear Nan' Enclosed herewith you 'will find a photocopy of an Easement entered into between Mr. and ~lrs. Reynolds, Mr. and Mrs. Tyran, and the City of Ashland. You will note that the same has been recorded as Document No. 82-07998 of the Official Records of Jackson County, Oregon. Yours very truly, COTTLE & HOWSER Professional Corporation ...?) ;. - Richard C. Cottle RE C · fp Enclosure cc- Mr. Ben Tyran Mr. Troy Reynolds 82-- 0'7999) This Easement Agreement is entered into by and between TROY REYNOLDS and JULIE LYN REYNOLDS, husband and wife, hereinafter referred to as "Reynolds", BEN TYRAN and JEANNE D. TYRAN, husband and wife, hereinafter referred to as "Tyran", and THE CITY OF ASHLAND, an Oregon Municipal Corporation, hereinafter referred to as "City". WHEREAS, Reynolds are the record owners of the real property described in Exhibit "A", attached hereto and by this reference incorporated herein, and WHEREAS, Reynolds are selling the same under an Executory Contract of Sale to Tyran, and WHEREAS, said described property is presently subject to certain pipe-line and ditch easements, as are reflected in instruments recorded in Volume 154, page 374, and as Document No. 71-01905, all of the Official Records of Jackson County, Oregon, in which easements the City has some interest, and WHEREAS, these parties desire to redes~cpate the location of said proposed pipe-ilne and ditch easement, to De reflected in the Official Records in lieu of and instead of those existing, as above mentioned, NOW, THEREFORE, in consideration of the release of the existing easements and the granting of the new easement, in addition to other mutual benefits which will accrue to all the parties thereto, these parties do hereby agree as follows: 1. The City of Ashland, Oregon, an Oregon Municipal COTTLE & HOWSER ASHI AND. OF~'EGON 97520 -1- Easement 8 --07998 Corporation does hereby quitclaim and convey unto Reynolds and Tyran all its right, title and interest in and to the above described real property arising directly or indirectly by and through those certain easements recorded in Volume 154, page 374 and as Document No. 71-01905, all of the Official Records of Jackson County, Oregon. 2. Reynolds and Tyran do hereby grant, bargain, sell and convey unto the City of Ashland, an Oregon Municipal Corporation, an Easement, over and across the real property described in Exhibit "A" hereto, specifically as follows: Said Easement shall be five (5) feet in width, and shall be located adjacent to and along the Northerly boundary line thereof, and also a strip of land five (5) feet in width along the westerly boundary line thereof, running adjacent to and along the easterly line of Elkader Street. The purpose of this easement is to allow the City of Ashland the right and privilege of installing, main- taining and using an underground pipe for the conveyance of water. Said pipe line shall be installed and maintainea not less than three (3) feet under the surface of the ground. The City shall promptly replace all turf, sod or landscaping removed in the installation or maintenance of said pipe line. This Easement shall inure to the benefit of these parties, their heirs, successors or assigns. COTTLE 8: HOWSER AS;HLAND. OREGON 97520 -2- Easement 82-07998 /~ ,-.DATED this Be- ~-~. n/ .... :~]~ne D. Tyran' y The City' of Ashland, an Oregon Municipal corporation Mayor day of , 1982. Recorder STATE OF OREGON ) ) S$o County of Jackson ) ..... "~'". ....... On this ,~'~0- day of personally appeared the above nam Tyr ~n.~i',"~h'd. acknowl edged ,.--,,, '.'..' t.?a~e me: '<.2" 0 3p,' County of Jackson ) ..... On this ~ day of pe~ao.npl~'~',,~ppeared the above Re?~f6~d'S..~¢,~%,~ ac,knowleagea the e:.. - ~ , ,,. ..' Cd u~kL~,~_.J,a'c k so n ) ' ~d~/Ben Tyran and Jeanne ~. the foregoing instrument to be their Notary Public ~o'r Oregon My Commission Expires: J//-/~* ~_~ . ~' ~<,:~_ , 1982, named T,r~y Reynolds and Jul ie Lyn :foregoLMg instrument to be their ~_.:.// .,.": ..... > .',., Noha[y ~ublic fo[ COTTLE ,5 HOWSER ASHI.AND, OREGON 97520 /))/)y'jd.> , 1982. / Personally appeared Jj~/~'r /.4,'Z<'~p ,and /)///Z' /< //3///t/x~////)~' , who, being sworn stated that they are the Mayor and Recorder of the above-named corporation respectively, and that this instrument was voluntarily signed on behalf of the said corporation by authority of its board of direct. -~'~:~;"-~'P'~f,,".~"'~"t ~;;'~ :No~a/y Public ~r Oregon , NO~. ,:: :'; :~ <,~" ,':NM~Commission Expires: 82-- 079.98 EXHIBIT "A" Commencing at a point on the West line of Section 15, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears 880.00 feet North, of the West quarter corner of said section; thence East, 25.00 feet, to the East line of E]kader Street, in the City of Ashland, Oregon, the true point of beginning; thence North, along said street, 85.00 feet; thence East, 140.00 feet; thence South, 85.00 feet; thence West, 140.00 feet, to the true point of beginning. Jackson County, Oregor~ Recorded OFFICIAL RECORDS WALDENE TERRY CLERK and, RECORDER COTTLE & HOWSER ~07 SI~KIYOU BOULEVARD I~. O, BOX IB2~ ASNI. AND, ORE(iON 97520 -1- Exhibit "A" To Easement from Reynolds and Tyran to City of Ashland May 11, 1982 ~11~ B~?ian L. Almquist, City Administrator ~.~ ° Jim Olson~~ //n\ ~hi',e~t: Proposed Irrigation Easement Over the Reynolds - Tyran Properties on Elkader Street Attached are two copies and one original of a proposed irrigation easement along with the cover letter to Ed Fallon and a copy of the title insurance policy, all prepared and/or supplied by Dick Cottle. The instrument incorporates a quitclaim of existin% easements shown on schedule B of the title policy as item 7 and 8. Apparently these items were placed in the easement form without further research since item 8 is identical to item 7.~ The deed referred to as Document No. 71-01905 (attached) is merely a subjection to the original ditch and pipeline easement recorded in volume 154 page 374. The easement established in volume 154 page 374 (attached) is for the T.I.D. canal and pipeline presently in place approximately 500 feet south of the Reynolds - Tyran property. At the time the easement was granted by James T. Meikle and wife in 1925, their ownership was quite extensive and included land extending to Prospect Street. However the property has been divided into more than 20 other parcels since that <i~e with nothing to define the location of t~he easement save its actual location on the ground. The title companies have naturally included this condition in perhaps all of the parcels originat'~n~ from the oarent~ Meikle property. Obviously we do not want to release any right to the easement recorded in volume 154 page 374. CC'.: A1 Alsing Ed Fallon COTTLE & HOWSER PROFESSIONAL CORPORATION ATTORNEYS AT LAW 607 SISKIYOU BOULEVARD POST OFFICE BOX 627 ASHLAND, OREGON 975~:0 (BO3),~-B2-262~ May 3, 1982 RICHARD C. COTTLE THOMAS C. HOWSER CHARLES R. WATSON Mr. Ed Fallon City of Ashland Water Department 20 E. Main Street Ashland, Oregon 97520 Re- Reynolds - Tyran Our File No. 5614-7 Dear lid: After all three copies of these Easements have been executed by the City, please return two of them to my office for my client and the Reynolds. The third should be re- corded, and if the City desires to have me do so, I will be pleased to have one transmitted to the County Clerk's Office for that purpose. I am also enclosing a photocopy of a title policy which refers to the existing Easements on that property in favor of the City. Thank you for your consideration in this matter. Yours very truly, COTTLE & HOWSER Professional Corporation Richard C. Cottle RC C: fp Enclosures ~,'~ ,\ 5.1 11 R I (, %' / 'k l'remit,m $ 177.00 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company of Oregon An assumed business name of TITLE ~NSURANCE COMPANY OF OREGON an Oregon corporation, hereinafter called the Company, for a valuable consideration paid for this policy of t~rle insurance, the number, date, and amount of which are show:~ 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, ~rs successors by dissolution, merger or consolidation, against direct loss or dzmage not exceeding the amount stated m 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: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or Any defect in, or lien or en- cumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage ia the Schedule of Exclusions from Coverage; or 3. 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 4. 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 an- nexed, which, together with Schedules A and B are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY OF OREGON has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valkt only when countersigned by a duly authorized officer or agent of the corporation. dba FIRST AMERIC RANCE COMPANY OF OREGON CounV~rsigned CRAIER lilLE Ifi$'L f , 'i'ibt BY PRESIDENT ATIEST ~ SECRETARY TI 12 SCIIEDULE OF I£XCLUSlON5 FIIOM COVERAGE 'ibis policy does not insure against loss or damage by reason of the following: I. Any law, ordinance or governmental regulation (including:. but not limited to building and zoning ordinances) restricting or regulating or ptohibiting the occupancy, use or enjoyn,,.nt of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduc- tion in the dimensions or area of any lot or parcel of land. 2. Govermnental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. 3 Title to any property beyond the lines of the land expressly described in Schedtile A or title to streets, roads, avenues, hines, ways or waterways on which such land abuts, or the right to maintain therein vauhs, tunnels, ramps ~r any other structure or improvement; or any rights or easements therein unless this policy specifically provides that such property, tights 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 excepted or excluded hereto. 4. Defects, liens, eiKumbrances, advcrse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming It)ss 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 public records, unless disclosure thereof in writing by the Insured shall have bcco made to thc Company prior to thc date of this policy; or (3) rcsuhing in no loss to the insured Claimant; or (4) attaching or created subscqoo~t to ~l~c date hereof. 5. I.oss or damage which would not have been sustained if the Insured wcrc a purchaser or encumbrancer for value without knowledge. 6. Usury or claims of usury. 7. "Consumer credit protection," "truth-in-lending," or similar law. CONDITIONS AND STIPULATIONS i. DEFINITION OF TERMS The following tertns when used in this policy mcan: Ca) "land": the land described, sl'ecifically or by reference, m Schedule A and improvements affixed thereto which by law constitute real proFerty; Cb) "public records": those records whkh impart constructive notice of mat- ters relating to said land; (()"knowledge": actual knowledge, no~ construcnve knowledge or notice which may be imputed to the Insured by reason of any public records; Cd) "date": thc effective date; Ce) "mortgage": mortgage, (iced of trust, trust deed, or other security in- strument; and Cf) "insured": the party or partx"s named as Insured, and if the owner the indebtedness seemed by a mortgage shown in Schedule B is named as an Insured tn Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this ['olicy by fore- closure, trustce's sale, or other legal manner in satisfaction of said indebted- ness, and (55 any federal agency or m- swumcntalitv which ~s an insurer guarantt~r n'nder an insurance contract or ~luaranty insuring or guaranteeing said intlebtcdness, or any part thereof, whet hc'r n/lnlPd ils an ]nMlred hcrclu or I/o(, SU[~ICCt otherwise to thc provtsions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of thc indcf~tedness secured by a mort?.age described Schedule B acquires sa~d estate or rater(st, 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 acqmres said estate or interest, oF anv part thereof, as a conse- qUCll(C Of ,tn insurance Contract or anty insuring or guaranteeing the indebt- edness secured by a mortgage covered by this policy, or any part thereof, this 'policy shall continue in force m Caw.' suoh Insured, agency or instrumentality, sublet( to all of the conditions and stipulations hereof. 3. DEFENSE AND PROSECUTION OF ACTIONS--NOTICE OF CLAIM TO BE GIVEN BY THE INSURED Ca) The Company, at its own cost and without undue delay shall provide (15 for the defense of the Insured in all litigation consisting of actions or pro- .ceedings commenced against the Insured, or defenses, restraining orders, or m- junctions interposed against a forech)sure or sale o( the mortgage and indebtedness covered hv this policy or a sale of the cs(ate or rater(st m said land, or (2) for such action as mav be appropriate to establish thc title o( the estate or inter(st or the lien of the mortgage as insured, which litigation or acta)n In any of such ex, cms is fo(reded upml an alh:gcd defer t, ]ICH or Cll(tlln}ll'a[icc illSUrCd all;tinst by this polE( v, and may pursue any to lmm determination in the court of last resort. Cb) In case any such a~tion or pro- (ceding shall be begun, or defense mt(r- posed, or in case knowledge shall come to the Insured of any claim of title or inter(st which is advcr,.v to the title thc estate or I~tercst or Iiefl of the mort- /age as insured, or which might )ss or damage for which thc Company shall or mav be liable by virtue of this policy, nv ~f the Insurcci shall in good faith contract to sell the indcl0tcdncss sekulcd by a nlort)l.li~e it)voted by this policy, or, if an Insured m good faith leases or contracts to sell, lease or mort- gage the same, or if the successful bidder at a foreclosure sale un~er a mortgage covered by this pol<y refuses to purchase and in any such event the title to said estate or interest is rejected as unmarket- able, the Insured shall notify the Com- pany thereof in writing. If such notice shall not be given to the Company within ten clays 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 iii- surcd against which shall come to the knowledge of the Insured, or if the ln- surcd shall not in writing, promptly notify ttle Company of any such reject(on hy reason of claimed unmarketability of title, then all liability of the Company in regard to the subject matter of snch action, proceeding or matter shall cease and terminate: pnwided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Com- pany shall be actually preiudiced by such failure and then only to the extent of such prejudice. Cc) The Company shall have the right at its osvn cost to instm~te and prosecute any actmn ~)r proccedipg or do any other act which m its opmmn may be necessary or desirable to establlsh the title of the estate or mt(rest or the lien of the mortgage as insured; and the Com- pany may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby corn(cdc liabdity or waive any provision of th~s pnl~cy. Cd) In all cases whore this policy permits or requires the Company to prosecute or pn~vide for thc defense of any action or proceeding, thc Insured shall secure to it thc right to so prosecute or provide defense m such action or pro- (ceding, and all apwals therein, anti pcrnll[ 1[ to rise, a~ lES o[~i1o[1, tho nlnlt' of the Insured for such pnrposc. Whenever requested by thc Company the Insured shall give the Company all reasonable aid in any such action or proceeding in cite(ting settlement, securing evidence, del(riding stlth at(ton t)r pfc)cc(ding, and the Company shall reimburse the Insured for any ex.nsc so incurred. 4. NOlle[ Of tOS~--[IMll~llON O[ ACIION In addition to the notices required under paragraph 3 Cb), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Com- pany within sixty days after such loss or damage shall have b~'en determined and no right of action shall accrue to the Insured under this policy nntil thirty days after such statement shall have furnished, and no recovery shall be had by the Insured under thi~ policy unless action shall be commenced thereon within five years after expiration of said thirty CONDITIONS AND STIPULATIONS (Continued and~6flcluUed 'Froh~ Reverse day ~,eriod. Failure to fnrnish such state- ?neat of It)ss or damage, i,r to such action within the tm~e hereinbefore slx. creed, shall be ~ conclusive hat a~amst maintenance b~ the Insured of any action under this policy. 5. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The ( ompany shall have the option to pay or settle or comprornisc for or in thc name of the Insured any claim insured against or to pay the fut~ amount of this poli~y, or, in case loss is claimed under this polity by thc owner of the indebted- ness secured by a mortgage covered hy this pohcy, the (~ompanv shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of thc full amount of this policy, together with all costs, attorneys' fees and expenscs which thc ('mnpany oblu~atcd hereunder t~ },ay, sh,dl tcrln~- hate all liabdity of the (Lompany here- under. In the event, after m~tice of claim has been given to the ('t~nlpany by Insured, thc (Lomp,my offers to purchase Salt] indebtedness, thc owner of such in,lcbtcdness shall transtcr and assign said indebtedness and thc mortgage secur- in~ the same to the Company upon payment of tho purchase price. 6. PAYMtNT OF LOSS fa'5 Thc liability of thc (~Olllpany nnder this pohc~ shaJ[ m no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the pany may be obligated hcreundcr to pay. (b) Thc Company w~ll var, in addi- tion to any loss insured against by this policy, all costs imposed upon the shred in l~t~gation carried on by the Company for the lnsurcd, and all costs and attornevs' fees m I~tigation carried on by the Insured with the written authorization of the Company. C.c) No clam~ for damages shall arise or be maintainable under this policy if the Company, after having received notice of an alleged defect, lien or en- cumbran(e not excepted or excluded hereto removes such defect, lien or en- cumbrame within a rea:;onable time after receipt o~ such notice, or (2) for liability voluntarily assumed by the Insured m settling any chum or suit without written consent of the Company, or (3) in the event the t~tle is rejected as marketable because of a defect, lien or encumbrance not excel,ted or excluded in this policy, until there has been a final dctermir~ation by a court of coin-. potent ptrlsdiction sustaining such re- (..d) All payments under this policy, except paymentg made for costs, at- torneys' fees and cx}'cnses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of snch payment unless the policy be lost or destroyed in which case proof of such loss or destruction shall be fur- nished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B ls an Insured hereto then such payments shall not reduce pro canto the amount of the surance afforded hereunder as to such Side of Policy Face) Insured, except to ti~e extent that such pa)meats reduce th: amount of the indebtedness secured bv such mortgage. Payment ~n full by my person untarv satisfactio~ or release by the Insured of a mortgage covered by th~s policy shall terminate all liability of the (~ompany to the insured owner' of the indebtedness secured F.v such except as provided m paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 7. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this polity is reduced bv any amount the Company may pay under any policy insnring the validity or priority of any mortgage shown {)r reft.fred Schedule B hczeof or auy fm)rUblge after executed by the lnsurcd which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount s(~ paid shall be deemed a payment ti) thc insured under tins polity. The provismns ~f this paragraph num- bercd 8 shall not apply to an lnsured owner of an indebtedness secured by a mortgage shown in Schedule B uniess such Insured acqmres title to said estate or mtetcst m satisfaction of said in- debtedness 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 Insurcd becomes a coinsurer to the extent hereinafter set forth. If the cost of the improvement ex- ceeds twenty per centrum of the amount of this policy, such proportion only any partial loss established shall be home by the (ompany 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 prowsions shall not apply to costs and attorneys' fees incurred by the (~ompany in prose- outing or providing fl~r the defense of actions or proceedings, in behalf of the Insured pursuant to the terms of this policy or to costs impo,;ed on the Insured m such actions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance pre)vis,tins shall not apply to any loss arislnj~ out of a lien or cncmn- brance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provlded further, such coinsurance provisions shall not apply to any loss if, at the time of the occurance of such loss, r}~e then value of the premise% as so improved, does not exceed (mc 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 ami noncontiguous parcels, or if con- t~guous and such parcels are not used as one single site, and a loss is established affecting one or more of said parcels but not all, the l~s shall ~ computed and settled on a pro rata basis as if the face amount of this policy was divided pro rata as to the value on the date of this pol~c y of cach sc parate indcix, ndcnt parcel to the whole, exclusive of any improve- mcnt~ made subsequent to the date of this policy, unless a liabdity or value has otherwise been agreed upon as to each such parcel bv the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 9. ~UBROGATION UPON PAYMENT Of SEITLEMENI Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against auy t%~rson or property ~n resl~ct to such claim had this pohcy not been issued. If the payment does not cover the h)ss of the lnsured, the Company shall be subrogated to such rights and remedies in the proportion which sam payment I~ars to the amount of said loss. If loss should result from any act of the In- sured, such act shall not void this policy, but the Company, m that event, shall ~ required to pay only that part of any h)sses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impair- ment of the right of subrogation. The Insured, if requested by the Compan,. shall transfer to the Company all rights and remedies against any person or prot~ ertv necessary in order to perfect sucL right of subrogation, and shall t~rm~t the Company to use the name of the lflsurcd in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or other- wise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebted- ness, 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 I.ien of the mortgage covered by this policy or the title of the estate or into'rest insured herein must ~ based on the provisions of th~s policy No provismn or condition of this policy can he waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice- President, the Secretary, and Assistant Secretary or other validating officer of the Company. il. NOTICES, ~HE~[ SENT All notices required to be given the Company and any statement in writing reqnired to be fnrnished the Company shall include the numhc, r off this ptdicy and shall be addressed In it at the offi,:e which issued this policy or to its home office at 310 S. XV. Fourth Ave., Portland, Oregon 97204. ,kmount $ 28,500.00 SCII l';l!IJI, l£ A Dale August 28, 1981 INSURED At 2:34 P.M. BEN TYRAN and JEANNE D. TYRAN Tile estate or interest referred to herein is, at tile date here{d, vcsttd in TROY REYNOLDS and JUI. IE LYN REYNOLDS an estate in fee simple as tenants by the entirety The land referred to in this policy is described as Commencinq at a point on the West line of Section 15, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oreqon, which point bears 880.00 feet North, of the West quarter corner of said section; thence East, 25.00 feet, to the East line of Elkader Street, in the City of Ashland, Oreqon, the true point of beqinninq; thence North, alonq said street, 85.00 feet; thence East, 140.00 feet; thence South, 85.00 feet; thence West, 140.00 feet, to the true point of beginning. PAGI[2 OF POLICY NO. TI 28 CTI - 52357 SCHEDULE B This policy docs 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 thc extent that the owner of any mortgage or deed of trust is expressly insured on page I of this policy. 1. 'l'axes 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 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, orclaims thereof, which are not shown by thc public records; un- patented 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 an5' other facts which a correct survey would disclose. 5. City liens of the City of Ashland, Oregon, if any. 6. Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. 7. Easement, including the terms and provisions thereof, for ingress and egress, and right to construct and maintain ditch or pipe line, granted the City of Ashland, by instrument recorded in Volume 154, Page 374, Jackson County, Oregon, Deed Records. 8. Easement for ditch and/or pipe line, granted the City of Ashland, by instrument recorded as Document No. 71-01905, Official Records of Jackson County, Oregon. 9. A Contract of Sale, including the terms and provisions thereof, between Troy Reynolds and Julie Lyn Reynolds, as sellers, and Ben Tyran and Jeanne D. Tyran, as purchasers, which Contract is not of record, but is disclosed by Memorandum of Land Sale Contract, dated August 28, 1981, recorded August 28, 1981, as Document No. 81-16436, Official Records of Jackson County, Oregon. e~e 3 of policy No. CTI - 52357 TI 30 OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. CTI - 52357 Issued by First American Title Insurance Company o£ Oregon An assumed business name of T~TL.E INSURANCE COMPANY OF OREGON The Cornpany, 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: 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 tile manner and to the extent hereinafter specified. "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. An upward adjustment will be made on each of tile 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. 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. AT SECRETARY TI 77 1702 × 1701 I"' H Ll ~ VI:. U i 1401 1800 1900 2100 2 2C~ Z~7o EMMA Itk~O ill(' l'remium 5, 177.00 POLICY OF TITLE ISSUED BY INSURANCE First American Title Insurance Company o£ Oregon An assumed business name O! TITLE INSJRANCE COMPANY OF OREGON an Oregon corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which ate 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, ~ts 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 pa)' as provided m the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being ~,ested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or othcr matters shown or referred to in Schedule B; or Any defect in, or lien or en- cumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage ia the Schedule of Exclusions from Coverage; or 3. 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 4. 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 an- nexed, which, together with Schedules A and B are hereby made a part of this policy. In witness u,oereof, TITLE INSURANCE COMPANY OF OREGON has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer or agent of the corporation. Countersigned CRMER lilLE IItSUR [ bL t U. FIRST ~,MERiC'; RAN~.E COMPANY OF OREGON AT'fES~f PRESIDENT SECRETARY TI 12 28,500.00 I)a~c ~ ~ .~%ust 28, 1981 1.NSUIIED At 2:34 P.51. BEN TYRAN and JEANNE D. TYRAN The estate or interest referred to herein is, at the date hereo~, vested in TROY REYNOLDS and JULIE LYN REYNOLDS an estate in fee simple as tenants by the entirety The land referred to in this policy is described as Commencing at a point on the West line of Section 15, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, which point bears 880.00 feet North, of the West quarter corner of said section; thence East, 25.00 feet, to the East line of Elkader Street, in the City of Ashland, Oregon, the true point of beginning; thence North, along said street, 85.00 feet; thence East, 140.00 feet; thence South, 85.00 feet; thence West, 140.00 feet, to the true point of beginning. PAD[ 2 OF POliCY NO. TI 28 CTI - 52357 SCHEDULE B ]'his 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 thc extent that the owner of any mortgage or deed of trust is expressly insured on page I of this policy. 'l'axes 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 Ibc public records; proceedings by a public agency' which may' result in taxes or assessments, or notices of such proceedings, whether or not shown by thc 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. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records; un- patented 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. City liens of the City of Ashland, Oregon, if any. 6. Rights of the public in and to any portion of the herein described property lying within the boundaries of roads or highways. 7. Easement, including the terms and provisions thereof, for ingress and egress, and right to construct and maintain ditch or pipe line, granted the City of Ashland, by instrument recorded in Volume 154, Page 374, Jackson County, Oregon, Deed Records. 8. Easement for ditch and/or pipe line, granted the City of Ashland, by instrument recorded as Document No. 71-01905, Official Records of Jackson County, Oregon. 9. A Contract of Sale, including the terms and provisions thereof, between Troy Reynolds and Julie Lyn Reynolds, as sellers, and Ben Tyran and Jeanne D. Tyran, as purchasers, which Contract is not of record, but is disclosed by Memorandum of Land Sale Contract, dated August 28, 1981, recorded August 28, 1981, as Document No. 81-16436, Official Records of Jackson County, Oregon. Pa~ 3 ofPoi,~, Xo CTI - 52357 li 30 Ld 1702 × 1701 t4l~ ' 1200 G 2400 Till,'4 Nt~ I lht~ll.l'iY il['~f I i.!. ' ._. "~'~': ....... : ' l':J.}~e :?'0]' ?,::;d ii> Cbl.:':'.*:,l':','~.'~i.:...?: of'~.llc L'-.V.m Of ~ }',(.?.~e "':'"'"'-i to ';Vt r:,i}i V',' ~ ':" 'r';'x,~;~:' ', .... tv, ' ~1()Ii~ & .... 0 ,....,y ~1.~ '0~-:~,3 l-,r:C pUl'pC:;: F. ! ~- -u .,.' ~ :. m: [, C)i' '_]c,':(' ' '; C: .; Ct l'21::.C ~: ¢ J.': '',',-1 :]' C ~"~_,_.,¢. (.iL Z~L.:..,: [{(:;c I~ .... , "ioe ~:n ..... o"," t', O-,'e ' ,;' ,,-:,-'. .........r,::-.~ ......... ~:.Lltz .,-:,.~ o9 i-1'~:' ,T~,C'k~:~ ,, :, ¢ , o0!% ~; is nov:~,~uo.~..._'] rrtd. . survc'.-c:~,, foTM,_the cony %, ..... :..~.~',"c and ~; ..... o2' ', ,',u a'cc-,' ;c:~'~-to¢''~ore i:'Ltrcha",'a by. said L, in' ~'"uo, fl'Ol'2 '[;h.C rPY3. ..... r-'Dr, l!'i'l 'n', Ii i: . 1~ -': .... ~"' t. cd :.yL the i?rc~::ence of ~!ieiklr,_ kus)::~ '' Jcr and in ccns~c!era!<~,¥,~.. cC the sum of the receipt of wl-~ioh is hereby admitted ~.j ~-~ ....... ~ a muNJ. ci!:5.1 cc, i'i~- +' ~ . ...... Le Ore- ,.~._~ ~or dit '~ and ~z~e line purpo c~ ~a, s~d ri6ht of ':~ai caaem~nt l~_nS particularly descrmbad ax =c.!!oxs, ts wit: A ~tri,.~ ...... cC :a.u,d ,~C £e~% i.n wmdth cv ............. arid ~c ..... the tx-~.~ct o2 s a._~d d~'ribc-d in Vol~m.e 141 cn v,p.:~e ~65 aP~ ...... _ ..... , o~ the j~ v urlL~:_iO]i 0~' Inc ¥:~%c-,".. ~ ...... ~c}'etoi'o~'e pnr~bL-~,d ~-v,... ~aid City from thc 5'-~ ~nl, l~_i .... ~- _ ~' To.ia~'~'~~ :~,~: '~'d~'¥'~._ full _~'i&}~t,__ o<_ i~s42re~o~ ~.d egre~s~, along mai}%-~ai}.~ins said ditch or pipe line. TO ~L'-~,~__..~ AiU2 TO HOLD, the said __~i jh% oc_ v:c(~ easement unto strip {::~' q'~'-'~' si-lei ~ uc= o r,i.~e line i,u~p~ae~. ..... u 1 1}~ used i'c.£ di~ v .- · ..... ~-- ,"u+,~'~ ' the Pre~_enc¢ of I for att': behalf of tke ~ consideration o{, · ............ . ....... .., ..... , x ................. Dollars, tk~-~,. be-n2, the true an,.. aztual cenqzueratlon_ ............ ~-~-v ........ :-0 2ROY RE, NOLle and JUL.z Lt.~ Rz. YNC ~,,.~._.., .~ ,.'ifc as tenants bv the -ntzretv. t~C ~ T ............... ~ he[rs and assigns, all the folloa, in~ re.~ pro~rty, with the hereditam*nt~ and appurte~:~n~s, situated in the County of. ~¢C~50.~ .......................... a~ o? Oregon, ~unded and descried as ioBow~, ~o-wit: Commencing at a point on the h'cst 15ne of Section 15, Township ' "= lackson County, Ore,on wLic;' point bears 78r.00 feet ~;erth of the h'est Quarter corner of said Section; thence East 25.00 feet to the East line of E!kader Street in the City of Ashland, Ore,on, the true point of ~,e~innin~; thence North a/onr said Street, 95.00 feet; thence East 140.00 feet; thence South 95.0c* feet; thence t~'est 140.00 feet. to the true Feint of bepinnin~. SUEJE£T TO' 1. Regulations, including levies, assessments, water and irrigation rSghts and easements for ditches and canals of Talent lrrig~_tiot~ District. · "~ t~:~ terns and ,~. -~asement, created by in~trument,~ inclucl.., ~ ?revisions thereof, in Jackson County Deed Book 154, Page 37~, for ri[hr of wa) for ingress and eFress alonF: right of way to construct and r~aintain ditch or pipe line to (_'it)' of Ashland. To Haw trod to Hold the al>ow described and granted premises unto the said .... _T._..R._O..Y_._.._..RE__Y._~_O...L._.D_.S._ .... .~n~ Ju_IE LYN REYNOLDS~ husband and ~,ife~...~.s....~.~_~:.~.r.,.[.s.....:b..¥_..t.b.e..._~.nt_i..r_e..t_.y.~. ......................................................................................................................................................... heir* and a~dgns forever. And ......................................................................................................................................................................... &)>ave nan:ed do ........ covena~nt to ~.nd with the above named ~rantee 5_,_ ___t_h~.i.r ................. heir~ a,~. t..~ .... -?'- ...... .¢T__.e. ........................ ~e. wiul:y seized in fee s[rnp.~e o.t the ,Bore granted premises, that [:an:ed premises are free from al? encumbrances ....... g:._x.c_.~.2._t.___.g._s__.__.a_~_9.X_e .................................................. her~i~v ~r~or, ~r~in, $eli ~nd co~ev, uoto said .: ~..~..: ......... ~.L~ .... ~ onu .,u~.: ~ ~.~ ~.: .......... T ..... ~d-~ an~ assigns, all the followin~ real pro~rty, ~'ir~ t~e .......... and ap2urter,nmcP~, ,siruare,S in rLe Cou;;r> o[ JaqkZD;~ ................ any bounded and described as io;,ows, to-wit: ,. r .~ ~,'ect '~uarter c,-rne~ ~r ~-iJ ' ~ ' !-', . , ICC[' ':' ce CC': c , r · " . ~ ~ ' ~ be ' . ',,est i4t.(:n feet to ~he true r~nt ~f rinninz and to Hofd tile aSov~ d: rrfbed and {.'anted prtmir, ss unto the ~.:d ...... ~.:>.h'.A_..~)_~.!.:!_..::: .: ...... TEiD I~'DENTUHE, Made the a7%h day of Oo%ober in the year of our Lord nineteen bmr, ired a~d ~if~een BE~ ~ra~ B. ~eleh ~ ~tl~a ~el~h h~d h wife of Lo~ ~ea~h. Co~y A~-,lez, $:a~e of California, ~he p~r:tea o~ ;he firat parl, A~ C~e A. Payne h Judith l.P~e husband h '~ife ~ ~o ~he a~vivor of California County of ~a Ar~eles, the par;les o~ :ne eecond ~ar~, lUm of Ten OO/l~C Doli~rs. ~old coin of ;he Un!;ec g~,;ea c: A=eri~a. ~o pre~en:~, afar.%, ~ar~a'-_ ~. uno sell, convey mhd confirm '~o lbo said par~ie8 an: to: ~ael: r. eirs ~d abs~-ns fore,er, ail ~na; car%mis lots, pieces, or Farce,s cf i~nl, al'~a~e. , iyi~ ar~ :=ir~ '~..- %ne ~.~'+"~ c'. Amnlsnd '-*._ the Co~y cf J~ck~on 5~ate of An ~dl,laed o~ half inters; ~n ~ioc~e J ~d h in [he Overlook Add~[ion Ai~.o ar _:.:lvi~eC one r-!: in;ere. Ir: :onlr~ot or role oI tho folio, ~ '~ in 'alley ';lee addition Lots 1A-iv-It-IV- Clock E of falrvlew .ddl;lon Ci'-' cf zaklane ~ ~zn' tact of role Between ~i~le '. Payne ~ A F ~oze;ner wllz all ~:d sl~-ular the tenez:en%~, ~eredlt~men%~ ant ap[urteneLce~ .7