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Home My WebLink About1981-036 Easement - Robertson -.... ". '.". '. . . . . :.. " . : .. . "". 'i'r ~;' .: ~}. .' .~ .." ..... . ..... I VICTOR A TIVEH ~ Department of Transportation HIGHWAY DIVISION TRANSPORTATION BUilDING, SALEM, OREGON 97310 ROW 12 In Repty Refer to File No July 21, 1981 Mr. Robert Rt. 2, Box E1kton 0 File 50796 Oak St.-Mtn. Ave. (Ashland) Sec. Hersey Street Jackson County M-3920 Dear Mr. Robertson Enclosed is State Highway Fund Check No. 00647 for $1,500.00 payable to Robert L. Robertson. This payment represents the full consideration for a drainage culvert easement over 1,850 square feet. Yours truly Adele L. Egan R/W Office Unit Supervisor nn Ene. Chec k cc: N. Flanagan F. Lowe .,....reity of Ashland/Easement, title policy, orig. option Form 734--3122 ------~-------_._-------------y----~ 81--12945 @ r~-\T (~S- i Y;~t 3C-7 DRAINAGE CULVERT EASEMENT o~ ,,~O "/~ ,,-)- H. h D... IA~ l.g way l.Vl.Sl.on ~Y-1 File 50796 ~ ' M-3920 (4) 9B-16-28 3L11,? }-,( (J C"-, '( \~) Of) KNOW ALL MEN BY THESE PRESENTS, That ROBERT L. ROBERTSON, Grantor, for the consideration of the sum of One Thousand Five Hundred and No/lOO DOLLARS ($1,500.00), does hereby grant unto the CITY OF ASHLAND, OREGON, a municipal corporation, Grantee, a permanent easement for the installation, maintenance and operation of a drainage culvert, together with rights of ingress and egress thereto, under and across the following described property, to wit: The East 10 feet of Lot 13, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon containing 1,850 square feet, more or less. It is understood and agreed that Grantor retains the right to use the surface of the above described property as long as said use does not interefere with the exercise of Grantee's rights under this easement, provided however, Grantor shall not place or erect any buildings or structures upon said property without the written consent of Grantee or its assigns. It is also understood and agreed that upon completion of the installation or maintenance of said drainage facility, the excavations will be refilled by Grantee and the property restored to its existing condition, as nearly as practicable. And Grantor does hereby convenant to and with the City of Ashland, Oregon, a municipal corporation, that he is the owner in fee simple of said property which is free from all encumbrances and will \.varrant and defend the easement herEdn granted from all lawful claims whatsoever. f\JD 2- day of " Dated this . ~ 7: (\ \ '\ '] n I . ..; . CJ J ;-',;-;" 'I \.; l,Jo.V\\ STATE OF OREGON, County of ~ ,1981. Personally appeared the above named - 1...: . : '-1..1 : ./ ":, {(.... ..~ _~;z / who acknowledged the foregoing instrument to be his voluntary act. k~~ ;5~ ~k~ Notary Public for Oregon " """',_.11. My Commission expires tf2c/- ;z;<; /7 r~ , 6-9-81 jh/~ Ja.ckson County. Oregon Recorded 01:''f'lCT J\L RECORDS &" : 3 2.JUL 10 1981fl.M. WALDENE TERRY CLERK and &OBDEB By~ 1ep~~1 ~ , 1 I J I -----_._-~------~ jACKSON COUNTY BRANCH 72'"W. 10th Street P.O. Box 9 Medford, Oregon 97501 (503) 779-7591 Premium $ 50.00 II PIONEER NATIONAL TITLE INSURANCE A TICOR COMPANY Policy of Title Insurance PIONEER NATIONAL TITLE INSURANCE COMPANY, a California corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are 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, its 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 pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or Unmarketabi I ity, at the date hereof, of the title to sa id land of any vestee named herein, un less such un _ marketabi I ity exi sts because of defects, I iens, encumbrances, or other matters shown or referred to in Schedule B; or Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Schedule of Exclusions from Coverage; or 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 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 Schedu Ie 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 annexed, which, together with Schedules A and B are hereby made a part of this policy. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. Pione r Nationcd.Titte" .I.nsurance }f ~ ~ ompan~ ~ P-t P-t < ~ = o .- . rIJ .~ Ci - ~ ~ ~ .S; ~J~ ~S ~ cd 8Ul ::u~~ hb ~~ " Attest: ~~ OF WAY AIJMINISThATlUN l{s6efHyE 1 V E D JUL 17( 1981 DDDDDCJ M AM ADM RBR CA !.'..~__ --IUD! \ LJ L__J [~ -, - 1 A 'hTfZI \I-I\IS P.S CE:. v:,._ ~__ ._, ._ r- --.- i '-. -- J r---J L_~ L_J l.--J L..____, L. -,-- ~,- 3 4 F. C 1 .' . Va I idating Signatory / 'TO 1529 PNTI OR (1-75) Rating Bureau for Title Insurance Companies in Oregon Standard Coverage Policy F 204 Amount $ 6,000.00 50.00 Premium $ SCHEDULE A Da~ July 10, 1981 INSURED -----CITy OF ASHLAND, OREGON----- a municipal corporation 8:32 At I:BOCA. M. The estate or interest referred to herein is. at the date hereof, vested in ROBERT L. ROBERTSON----- The land referred to in this policy is described as The East 10 feet of Lot 13, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon. PAGE 2 OF POLICY NO. 15-18436 F 236 REV 11-74 @ I Standard Coverage Policy The estate or interest in the land described in this schedule is: SCHEDULE A - Continued a fee 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 1 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; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, confticts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. 1980/81 taxes~ $164.70~ of which $54.90 is paid. (5-1 391E4DC 1300 1-5084-9) 6. Agreement~ including the terms and provisions thereof~ between City of Ashland and Robert L. Robertson, recorded October 16, 1979, as Instrument No. 79-23080~ Official Records. 7. Easement~ including the terms and provisions thereof~ from Robert L. Robertson to City of Ashland~ Oregon~ a municipal corporation~ recorded July 10~ 1981~ as Instrument No. 81-12945~ Official Records. PAGE 3 OF POLICY NO. 15-18436 F.207 R.7.74 or -- r OWNER'S INFLATION PROTECTION INDORSEMENT ATTACHED TO POLICY NO. 15-18436 ISSUED BY Pioneer National Title Insurance Company 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: 1. 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 the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12: 0 1 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. 3. An upward adjustment will 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 shaH 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. 4. 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. Pioneer National Title Insurance Company by ~ (2;. S~ hPRESIDENT Attest: SECRETARY RATING BUREAU FOR TITLE INSURANCE COMPANIES IN OREGON F-219 1-75 .1 ~ ,. The sketch below is made solely for the purpose of assisting in locating said premises and the Company 4~"mes no liability for variations, if any. in dimensions and location ascertained by actual survey. . , ,,~..o_.. Pioneer National Title Insurance Company A TICOR COMPANY .... ,~,..::.,"""".t,j.~-19..'~,,_._ .!4 400 ~@ I , I. " ~ I ~ I I t I .400 2 70 5 216 ,;u, .. 01 o.,~ .t. I \.._----- -~-.,....,.. ~ 100 i lii~ I w 0: I- U) (1'_705:)) . " ~.;"if ..... I"'" ,4/.0t. - - PATTERSON '1 I, I' . ff' t:I ' ",/tJ' 5&1' " fO 9 8 7 , 15, 14 13 aod h 1300 ~OO '100 ~~. 1200 ~ @ @)I "@ @ 1000 ~p' I 10 { I -: ( p. (; Bi 2 ) ~ , . 50' ""D' " -J . 2900 1 .' 2100 2600.,. ~ :@':~'; @)8 <( 2901 O. · ~ .,,~ 2. ~ 3 . ('0 O~')J ~ 5c .r 12 II to 9 12 1400 I 15.00 I 1600 f @~I 8: ~ @)I ~ ~ . I ~ ~) 10 1'=~j;;,\~~~3 ~ 170/ ~ ,'/flo --~_.,)~1-~i ~ . ~ I' 0 ~~~ ...x~~ ~~~ ,;~~y_. U) 240 2300 0. 22 00 2tO~ @ @~ ..J ~ I ~ \ :J: Q. <, ;S'OO '\ + ~ , 3 I 4 5 6 ) fOO ---:: .~ @I 516 . ''-" i I II 4 7 8 5"41 ' 411' .', '",\~\ '" - - - - - 378' S.5 , ~ . 3400 3500 - , I~D.O' .0'.0' ';t~ ."'" @ 3503 3504 , ,!i @ -..- ,. ", . ,f.. : o~ 0 OJ,:. .0 : ,.e. 0 ci i. '. ~ ~ (p-SSZS) . E~ "0 2 0 It..S.o. t 0 ~, lit 3505 i o~ . -~ i 0 0 ;i S 0 = t- " I 3 ., .. ~ :. .~ - ~----"-- --~ -- ~ ..~~---~_.__._-_.~~.- .. h S TREET~ . , . I ~J 3= Z o C/) : ~ .. ~ ."". 0 ~ ~ - ...J ...J - ~ OREGON DEPARTMENT OF TRANSPORTATION Fi'l e No. 50796 Jilt:<:~ ' Fed. Aid. No. M-3920(4) MAIL ADDRESS Rt. 2, Box 32, Elkton, OR 97436 GRANTORS Robert L. Robertson SECTION Oak Street-Mountain Avenue (Ashland) STREET: Hersey Street \ COUNTY Jackson PURPOSE Permanent Easement AGENT Kamody REAL ESTATE OPTION IN CONSIDERATION of the offer to the undersigned for the hereinafter described property, the undersigned hereby give and grant to the *State of Oregon, by and through its Department of Transportation, upon the terms and conditions hereinafter stated, the option to purchase the property described on Exhibit "A" attached, bearing date of November 25, 1980, and covering one parcel, subject to special provisions contained in Exhibit(s) "C" and "H" attached and by this agreement made a part of this option. The Oregon Transportation Commission shall have the irrevocable right, at any time, within ~&) 1~ O~'IS ~s from the date hereof, to accept this option. ~O .2- Upon the delivery of said easement and the clearing of title satisfactory to State, Grantors, in the usual course and through the usual channels of auditing claims against State, shall be paid the sum of One Thousand Five Hundred Dollars ($1,500.00) as full payment of the purchase thereof. Grantors, unless the right is waived herein, are entitled to receive payment, less any deposits and allowances as listed on exhibit(s), before State takes possession of the property. Grantors of occupied property are entitled to 90 days written notice before they are required to vacate. Grantors received 90 days notice on January 16, 1981. Grantor does not have to provide title insurance. State will pay all recording charges for documents required to vest clear title in State; and prorate taxes as of the date of possession or transfer of title, whichever is earlier. Grantors acknowledge all items of damages, all sums of money to be paid, and all things to be done by State are in this option. Grantors agree, the consideration recited herein is just compensation for the optioned property, including any and all damages to grantors remaining property, if any, which may result from the acquisition or use of said property and the construc~ion or improveme~t of ~he highway. All claims fo~ damages, injury or 1 os sO. on account of fal1ure to close thlS optlon are hereby expressly walved. . ;tJ .... Ii} - :& :J> * All references herein to State shall be to the City of Ashland throughout ~i~ doc~ment. r- Dated this <o:dL day of M.A'j ,1981. 9~ t I~ NOTICE: BEFORE SIGNING THIS OPTION BE SURE ALL OBLIGATIONS, INCLUDING ~HOSE YOU EXPECT STATE TO PERFORM, ARE SET OUT IN THIS OPTION AND THAT YOU FULLY UNDERSTAND ALL OF THE TERMS OF THIS OPTION. C/ :.r EXHIBIT A Fi~~ 50796 j~ Robert L. and Bt 1 9. Robertson HRS 11-25-80 9B-16-28 Survey Approval Project Section: Oak Street-Mountain Avenue (Ashland) Hersey Street Non-Throughway A Permanent Easement for Drainage Facility. The East 10 feet of Lot 13, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon containing 1,850 square feet, more or less. aj/ NOTE: Access Not Controlled. , STATE"S OTHER OBLIGATIONS C EXHIBIT 50796 FILE NO. DATE 1 11: 01 rAAy b - Sst , Suab~ upon the completion of the installation or maintenance of said drainage facility all excavations will be refilled and the property restored as nearly as practicable to its existing condition. B^-.lS ALO~~ SOR\lGii.i To {'3 1= MAl ^' TA( AJ ld) DlS""uR~~ n~~. y/ 1: ASTET2.lY AS,~o(( LOT. T.Sov A.J OR '( R~-~;e:\ l~ State will, It the time of highway construction, build the following road approaches: Engr. Station Top Surface Width Curb Cut Width ;;i:I" =-- Any construction lying outside of the traveled portion and shoulders of the highway which is made for the use and benefit of the remaining property, either under the terms of this option ()r the construction plans, shall be completed in conformance with normal engineering construction practices and thereafter shall be maintained or reconstructed by the property owner in accordanc:e with Section 374.305, et seq., ORS and other applicable statutes and regulations. Grantors hereby grant State, iu employees or contractors, permission to enter upon their remaining property felf' the purpose of performing any of said construction work. R~i.~~~ , 81.734 3931 \ Exhibit H File 50796 Date 5-6-81 POSSESSION Public Law 91-646 Sec. 301(4) and ORS 281.060 provide, "No owner shall be required to surrender possession of "real property before the Dep~rtment of Transportation, Highway Division pays the agreed purchase price, or deposits with the court....for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property..." In order for the State to proceed expeditiously with the constr~ction of this project, the State shall have the right to enter upon and take possession of the above-described property upon the notice of approval by the Transportation Commission of this option agree- ment. The undersigned as Grantors hereby acknowledge that they knowingly and willingly waive the right to paYment prior to possession. It is understood that this permission will in no way release the State from expeditious h~ndling of this transaction. QMt~ &, Lh 'i VYV\a ~ Lg f' l ,