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HomeMy WebLinkAbout1982-071 Title Policy - DelsmanRBNALD L..;ALTER ATTORNEY AT LAW 94 THIRD ¢TREET ASHLAND, OREGON 9'75~.0 (503) 482-42 1 5 November 12, 1982 Mrs. Nan Franklin City Recorder City Hall Ashland, Oregon 97520 Dear Nan: Re: Ashland vs. Delsman Our File A-185 For the City's permanent records, enclosed is the original Deed and Title Insurance Policy in the above referenced matter. RL S / dm Very truly yours, ~~ r SnAe. i~TER Enc: 2 Amount $ 12,000.00 SCHEDULE A Date November 2, 1982 INSURED At 8:30 A.M. CITY OF ASHLAND, OREGON The estate or interest referred to herein is, at the date hereof, vested in CITY OF ASHLAND, OREGON an estate in fee simple The land referred to in this policy is described as A parcel of land lying within the Northwest quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying North of the following described line: Commencing at the Northwest corner of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 0° 19' 02" West (Record South) 615.52 feet to a 5/8 inch iron pin being the point of beginning, being on the Westerly line of the Delsman tract: as described in Document No. 79-02777 of the Official Records; of Jackson County, Oregon; thence South 73° 23' 33" East 343.47 feet to the Westerly line of Oak Street. PAGE 2 OF POLICY N0. CTI - 53864 TI 28 Oregon I.and Title Association Standard Coverage Policy SCHEDULE B This 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 the extent that the owner of any mortgage or deed of trust is expressly insured on page I 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; 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. · 1982-83 real property taxes: total - $1,577.82; state relief- $192.00; balance - $1,385.82, due and payable, non-segregated. Code 5-1 Account 1-4723-6 Map 39 1E 4B Tax Lot 700~[part) 1982-83 real property taxes - $1,205.10, The above figure does not reflect state Code 5-12 Account 1-11353-4 Map 39 1E due and payable, non-seg. tax relief. 5B Tax Lot 700 (part) 6. City liens of the City of Ashland, Oregon, if any. 7. Rights of the public over any portion public roadways, if any, and/or rights of portion lying within existing roadways or the public records. lying within the limits of private parties over any driveways not disclosed by 8. Right of way for irrigation ditch and water passing ditch, reserved in deed recorded in Volume 33, Page 103, County, Oregon, Deed Records. through sa id Jackson 9. Perpetual easement for canal, lateral or laterals for irrigation purposes, and rights in connection therewith, granted the Talent Irrigation District, by instrument recorded in Volume 143, Page 562, Jackson County, Oregon, Deed Records. (Specific location not given.) 10. Easement for transmission and distribution of the California Oregon Power Company, as set forth 95, Jackson County, Oregon, Deed Records. electricity, granted in Volume 217, Page Page 3 of Policy No. CTI - 538 64 TI 30 ~ West Main St. Phone 779-7208 Medfor~l, Oregon 97501 CRATER TITLE INSURANCE CO. Serving all of Jackson County 485 East Main St. Phone 482.4006 Ashlancl, Oregon 97520 laJ ~4,.:l' ~ "~ ' ! ~ I~ II II I I I THIS SKETCH IS FOR LOCA~'~ON PURPOSES O~Y. ':l ~BERS ON SKETCH ARE CO~~ ~BERS A~ , , NO LIABILITY IS ASS~D FOR VARIATIONS ...... ' ............ DISCLOSED BY SURVEY OR COUNTY RECO~S. Rating Bureau for Title Insurance Companies in Oregon OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. CTI - 53864 Issued by First American Title Insurance Company o£ Ore![on An assumed business name of TITLE INSURANCE COMPANY OF OREGON The Company, 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 i~; 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 s[)ecified. "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 wilt be made on each of the 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 inc~rease 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. BY PRESIDENT ATTEST SECRETARY TI 77 $2.-15519 BARGA I N AND SALE DEED RICHARD H. HUNGER and GENEVIEVE HUNGER, husband and wife, CHARLES H. DELSMAN and MARGARET DELSMAN, husband and wife, MARY ANN DELSMAN, BONNIE E. DELSMAN, JAMES DELSMAN, ROBERT DELSMAN, THOMAS P. DELSMAN and CAROL J. DELSMAN, tenants by the entirety, and JOSEPH DELSMAN, Tenants in Corrraon, convey to the CITY OF ASHLAND, OREGON all that real property situated in Jackson County, State of Oregon, and more particularly describecl as: See Exhibit "A" attached hereto and incorporated herein. The true and actual consideration for this transfer is $1 , 242.50. Dated this ~,_~__~day CHARLES H. DELS~N ELSMAN BARGA IN AND SALE DEED Page -1 - /AW OFFICES OF~ DAVIS, AINSWORTH. PINNOCK, DAVIS & 61LSTRAP, P.C. 515 EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-31 1 $2-15519 STATE OF OREGON ,OF JACKSON ) § ) Personally appeared the above-named CHARLES H. DELSMAN, MARGARET DELSMAN, BONNIE E. DELSMAN, JAMES DELSMAN and JOSEPH DELSMAN,.and acknowl edged ~ . t,,' B, efore me: S TA ~ ~,~' WASH I NGTON COUNTY OF SKAG I T ..~.~ ~,~L..~'"~ .% %.. ~-~ "~A~~c-- , 1982 the foregoing instrument to be a volun- Personally appeared the above-named RICHARD H. HUNGER ,~,,., acknowledged and GENEVIEVE HUNGER and the foregoing instrument to~...~ be a voluntary act. Before me: ..... -', Notary-- ----- -- - ~----Public fo~ Washing My Co~i ss i on E~pi res : STATE OF OREGON COUNTY OF JACKSON August c~, 1982 .."' ';. ~:.'",~.~',,, Personally appeared '"., ' C O~' ~e the above-named MARY ANN DELSMAN and the foregoing to be a voluntary act. Before me: :7. Notary Public for -~--7 / My Co~i ss ion Expi res :_~'~d~__ BARGAIN AND SALE DEED Page -2- LAW OI='~='ICES OF' DAVIS. AINSWORTH, PINNOCK & DAVIS, P. C. S1~ EAST MAIN STREET ASHLAND, OREGON 97520 (503) 482-3 ~ 1 I 15519 STATE OF OREGON COUNTY OF POLK Personally appeared the above-named ROBERT DEL~~ a~d, acknowledged the foregoing to be a voluntary act. B'~?o~;e~ ~e~:.~'''. My Co~rrni ss i on Exp~ res: '._ ,.. STATE OF ORgaN ) ) CO~TY OF ~UGLAS ) August , 1982 Personally appeared the above-named THOMAS P. DELSMAN and CAROL J. DELSMAN and acknowledged v~ol:~,~.,r,y act. Before me: the foregoing to be a Not..ary Public for Oregon My Corr~ni ss i on Expi res :___1'~ ?-~ ~'~ BARGAIN AND SALE DEED Page -3 - I-AW OIF'F'ICES OF DAVIS. AINSW0RTH. PINNOCK. DAVIS 8: 61LSTRAP. P.C. 51=: EAST main STREET ASHLAND, OREGON 97520 (503) 482-31 1 ~ 82.-15819 EXHIBIT "A" A parcel of land lying within the Northwest quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, being all that land lying North of the following described line: Commencing at the Northwest cora:er of Donation Land Claim No. 53, located in Township 38 South, Range 1 East; thence North 89° 26' 55" West (Record West) 356.40 feet; thence South 0° 19' 02" ;.,lest (Record South) 615.52 feet to a 5/8 inch iron pin being the point of beginning, being on the Westerly line of the De!smart tract as described in Document No. 79-02777 of the Official Records of Jackson County, Oregon; thence South 73~ 23' 33" East 343,47 feet to the Westerly line of Oak Street. Jackson County, Oregon Recorded OFFICIAL RECORDS WALDENE TERRY Order No. 53864/5-28