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Home My WebLink About1981-051 Easement - Reitz 8" . 'C,-,". , , :... ,',..=: \'"e' '... J ..... . .~V' VICTOR ATIYEM -- fl. ~ ~ Department of Transportation TRANSPORTATION BUILDING, SALEM, OREGON 97310 August 4, 19B1 ..... Mr. Richard 15757 Highw Ashland ~ !/~ rap ~jt~ ROW 12 File 50794 Oak St.-Mtn. Ave. (Ashland) Sec. Hersey St. Jackson County M-3920 (4) Dear Mr. Reitz Enclosed is State Highway Fund Check No. 02972 for $1,750.00 payable to Richard B. Reitz. This payment represents the full consideration for a permanent slope easement over 500 square feet of land, a permanent drainage easement over 1,500 square feet, and shed. Yours truly Adele L. Egan R/W Office Unit Supervisor nn Ene. Check cc: N. Flanagan F. Lowe ~City of Ashland/Easement, title policy, orig. option - ~ .--- ~/ ~ , 0 e:? , '<fa 7!l-3- ~/ G' x'7 ~' Highway Division ' 4f~1' File 50794 , M-3920 (4) 9B-16-28 ~ 81-13881 EASEMENTS KNOW ALL MEN BY THESE PRESENTS, That RICHARD B. REITZ, also known as Richard BohQP Reitz, Grantor, for the consideration of the sum of One Thousand Seven Hundred Fifty and No/lOO DOLLARS ($1,750.00) received, does hereby grant to the CITY OF ASHLAND, OREGON, a municipal corporation, Grantee, a permanent easement to construct and maintain roadway slopes, ~e~essitated by the construction, oper~~ tion and maintenance of the Oak Street-Mountain Avenue Section of Hersey Street,. upon the following described property, to wit: PARCEL 1 The South 10 feet of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon, containing 500 square feet. IT IS UNDERSTOOD that nothing in this easement will be construed to prevent Grantor from the full use of said property, provided, however, that such use shall not be permitted to interfere with the rights herein granted or endanger the lateral support to said Hersey Street. It is also understood that Grantee shall never be required to remove the slope materials placed by it on said property, nor shall Grantee be subject to any damages to Grantor, his heirs and assigns, by reason of any change of grade of the street abutting on said property. Also for the above-stated consideration, there is hereby granted unto Grantee, a permanent easement for the installation, maintenance and operation of a drain- age culvert, together with rights of ingress and egress thereto, under and across the following described property, to wit: PARCEL 2 The East 10 feet of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon, containing 1,500 square feet. It is understood and agreed that Grantor retains the right to use the sur- face of the above-described property as long as said use does not interfere 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 prac- ticable. ----. x Department at Transportation HIGHWAY DIVISION TRANSPORTATION BUILDINGI SALEM, OReGON 97310 7-9-Bl ;fJ I-~ ,- .'t ,.. 81--13881 Highway Division File 50794 M-3920 (4) 9B-16-28 And Grantor does hereby covenant 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 warrant and defend the easements herein granted from all lawful claims whatsoever. Da ted this J 1 tJv... day of . 'l/f1/lu A4<. ,19Bl. Personally appeared the above named STATE OF C~~?I~. County of o/u~~ # o/~ Richard B. Reitz, also known as Richard BohQp Reitz, who acknowledged the fore- going instrument to be his voluntary act. Before me: /~:~~I~:>~':'-::i:~~(,"\\ . '..: ' '-', OT Ar~,-.,.. - ;=: "".\.' :i:"'o~tl,.~,:. .'.; Jl~'(!:'$t\' ro..o' ~':': ..~..= .~.~: I'~.- .:-;.;".~. . '\ C' : ':'l~ ~ .-' 7'-'9-~"''''. '''.(> \ . ,....-,. ,. ~,,~, u;. J.' ,.~.. 'I..' S;",\., ,'-' "'.' ~ ,. Pa!;,e J! .:," ..' ~ ,', jc/1J.;,.~~i'(iF-O'(,.~'" . ~~li~r ~::,:::h4,,- My Commission expires ~-~-~ Jaokson County, Or89OD Recorded OmCIJl.L RECORDS a:stL1JUL -24 1981f,M, W ALDENE TERRY ~(J~:~,_. ~ JACKSON COUNTY BRANCH 721~ 10th Street P.O, Box 9 Medford, Oregon 97501 (503) 779-7591 Premium $ 50.00 aD ('-0 PIONEER NATIONAL TITLE INSURANCE , , .1 I 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 whic~ 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 Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such un- marketability exists because of defects, liens, 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 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 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. Attest: r National",Htle'lnsurance .#"irrLl:'" 'tv'\\l\,\ 5"...'v ...~' ." y 'I ;:-~ ... 1 / : 0.~., .. " , . . ...~,J.- I. ~ "C : ,- - ~ -, ; ~ <;: ~ "2'~. . ~ ,... :' ' TI ~ : ( estdent 'I...... , .O~ 'l/~...""'" 1.,-<-\' ."~5 jt 1- .. - .. -.4'0-;::- 1110/ ....OO.~.. '5. l,{"/ ........ ...:- '* ..., ." ""\,\,"",,~- , Secretary Cl omp~ g p.., ~ Fj 1/ '.. * '1; Pione ::~~ "A~ hb Va I idating Signatory ,/ TO 1529 PNTI OR (1-75) Rating Bureau for Title Insurance Companies in Oregon Standard Coverage Policy F204 i I I , I ! ; , I I I , I Schedule of Exclusions from Coverage This policy does not insure against loss or damage by reason of the following: 1, Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancv, use or enjoyment of the land, or regulating the character, dimensions, or loca- tion of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. 2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the,pub- Ii c records at the date hereof. 3, Title to any property beyond the lines of the land expressly described in Schedule A or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts. or the right to maintain therein vaults, tunnels. ramps or any other structure or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights 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 ex- cepted or excluded herein, 4. Defects. liens, encumbrances. adverse claims against the title as insured or other matters (1) created, suffered. as- sumed or agreed to by the Insured claiming loss 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.pub- lic records, unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the:date 'of this policy; or (3) resulting in no loss to the Insured Claimant; or (4) attaching or created subsequent tD..the date,hereof, 6. Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer-:':fur value witl;.~ I .. --- out knowledge, ::: . ~ ,,_; 6. Usury or claims of usury. ),' ,'" 7. "Consumer credit protection:' "truth-in-I~nding," or similar law, ~-; .., .. I /' to-_-I . ': "".- Conditions and Stipulations '/ ." 1.. Definition of Terms The following terms when used in this policy mean: (a) "land": the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law con- stitute rea I property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "knowledge"; actua I knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date"; the effective date; (e) "mortgage": mortgage, deed of trust, trust deed. or other se- curity instrument; and ' (f) "insured": the party or parties named as Insured, and if the owner of the indebtedness secured by a,mortgage shown in Sche- dule B is named as an Insured in Schedule A. the Insured shall include (1) each successor in interest in,ownership of such in- debtedness, (2) any such owner who.acquires the estate or in- terest referred to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance 'contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an Insured herein or not, subject otherwise to the pro- visions hereof. 2, Benefits after Acquisition of Title If an insured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or, interest, 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 acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing 'the indebtedness secured by a mortgage covered by this policy, or any part thereof. this policy shall continue in force in favor of such Insured. agency or instru- mentality, subject to all of the conditions and stipulations her~of: 3. Defense and Prosecution of Actions - Notice of Claim to be given by the Insured (a) The Company, at its own cost and without undue delay sha II provide (1) for the defense of the Insured in all litigation con- sisting of actions or proceedings commenced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale ot the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mortgage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last 'resort. ,,,_" c. (b) In case any such action or proceeding shall be be~Iun, or de- fense interposed, or in case knowledge shall come to the Insured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or ilthe Insured shall in good faith contract to sell the indebtedness secured by a mortgage covered by this policy or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the success- ful bidder at a foreclosure sale under a mortgage covered by this policy refuses to purchase and in any such event the title to said estate or interest is rejected as unmarketable. the Insured shall notify the Company thereof in writing. If such: notice shall not be given to the Company within ten days 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 insured againSt which shall come to the knowledge,of.the Insured. or if the Insured shall not, in writing. promptly notify the Com- pany of any such rejection by reason of claimed unmarketabi lity of title, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and ter~ minate; provided. however, that failure-to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. -' r (c) The Company shall have the right at its own cost to insti~ tute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mortgage as insured; and the Company may, take any appropriate action under the terms of this policy whether or not it shall be liable there- under and shall not thereby concede liability or waive any pro- vision of this policy. (d) In all cases where this policy permits or requires the Com- pany to prosecute or provide for the defense of any action or proceeding, the Insured shall secure t'o it the right to so pro- secute or provide defense in 5u'ch action or proceeding. and all appea Is therein, and permit it to use. at its option. the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement. securing evidence, obtaining witnesses, or prosecuting or de~ fending such action or proceeding. and the Company shall re- imburse the Insured for any expense so incurred. 4. Notice of Loss- Limitation of Action In addition to the notices required under paragraph 3Ib), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy .shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy unti I thirty days after " (Conr'~tions and Stipulations Continued and Concluded on Last Page of This Policy) ",>-' r" " Amount $ 6,000.00 50.00 Premium $ SCHEDULE A Date July 24, 1981 INSURED -----CITy OF ASHLAND, OREGON----- a municipal corporation 2:40 P.M. Allk~lM. The estate or interest referred to herein is, at the date hereof, vested in RICHARD BOHAN REITZ----- The land referred to in this policy is described as PARCEL I The South 10 feet of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon. PARCEL II The East 10 feet County, Oregon. ' PAGE 2 OF POLICY NO. F 236 REV 11-74 @I of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson , -~ --.- ~ , . -- 15-17601 ,standard Coverage Policy , SCHEDULE A - Continued The estate or interest in the land described in this schedule is: a fee SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or aU 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, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Easement, including the terms and provisions thereof, from J. H. Hersey, to The Pacific Telephone and Telegraph Company, recorded April 18, 1923, in Volume 144 page 159, Deed Records. 6. Easement, including the terms and provisions thereof, from James H. Hersey, et aI, to the City of Ashland, Oregon, recorded December 28, 1935, in Volume 205 page 141, Deed Records. 7. Easement, including the terms and provisions thereof, from Dwight L. patte:son, to The California Oregon Power Company, a California corporatlon, recorded February 11, 1958, in Volume 291 page 249, Deed Records. ' 8. Easement, including the terms and provisions thereof from Richard B. Reitz, also known as Richard Bohan Reitz to the City ~f Ashland, Oregon, a municipal corporation, recorded July 24, 1981 as Instrument No. 81-13881, Official Records. PAGE 3 OF POLICY NO. 15-17601 F.207R.7-74 ,'......~..,.. , The sketch below is ~ade solely for the purpose of assisting in locating said premises and the Co~pany assumes no liability for variations. if any. in dimensions and location ascertained by actuCl,' survey.' . , Pioneer National Title Insurance CODlpa"y A TICOR COMPANY , ~l'-~::----:-'-~~f' :::,~'A::~-~ .'-~~ a:: ~ ;ZIJ ~209 1-21S'uO .. tti:ll " (f. .... , 213 212 t 15 0 211<- ':!}~\~'2f~~~~ .2'~~ ::'~(R~: ;ffi) '~ ..r;.\;~"" J .:;_.~~~.t~~c;. ...j:;~- :"'~",!j.UJ.~ J;;...l; 0 !I t.'O 'L.::: _, RSON 4~ 50' 16 , 15, 14 900 ~f.\vl\ ~ 1200 VOl,1.& ,~@ 1000 ~ .~, ,1100 ~ ~0~ I M;; 1::::::, .~~~ :~ Gt 7t~.,..~. ,..;#~~ , -.J ) 2900 I . 2700 O~IO,,~ n: .~ I ~ ; wt; <t 2901 2801 (,),' T -} $< , -' So ,(I'. .,j~).. 2 " .!}d' 0' ,,,",' ;SEY 318' s) 14 .. 13 f300 @) 2500 o 3 '4 13 , 1 500 @! 516 12 @ -I. 5 TREET~ " h 3500 I,~" @ ::' i - :: ::, t:. ii' - i - ' i - - . - - :!: 210 II ",,:01 ,,,j ,,' "0' @o ~ 7 5"" l'to.O' . ~~~3 " .,5 o '$A:" '--~.- -- ----,.. . . . J ' " . "9'..... . '0 ",,' B "~ Ttf"- w,.. , w a:: .... en 9 -, ? -'{p' ,i61 ,~ ' ~o/. (;0' STRE~T SD.Z.' .,.' 12 II 10 I 912 1400 I 1500 /600 I @"'-7 '\ ~ ,'I 0 ,~ : _.,,^.,.~\~~'l~~...~~:,," ,~Ol' I~ III 2:~ n',:7; ~~',~~~, !@ I en , 240 2300 0.. 2200 2lq'0 ....J Q rt, t W-~~ ~ I :1:' / Q. -/ . 1/ 8 2 , ' 4" ',,\\\\\\ :;)~., -' ->.5 .05,0' 3504 o o o d ',:"i- " , 0 , " 1'1- o. 3505 .., ~"-.t::. . ; .. .....---(A -- . , ;); 't '\ -- '" ~ S"".U. 4"" '( l- ~ Ul ~ 'I) UJ '\ ~ r CI.1 5<,,' ~d.U' 10 1700 1900 9 8 0~ @)~ Ii .~ >J ~. '\ '" " I II " , '", 2 z, '0 o U) ~ ~., 0 ti -"" '(I .c ~ jO ;:J ....J - ':>' 3 -"" ~'7 :", 2000 y , . \...., , , -:'3(,"1,' I~ 4 " I ~ 3: 5 ~r: 11801 I ';:)' '1... . ~'V , ('!-'1. "..f-5:, ,tl : ,~' ~ ;Z ~I@ I I 6 <l :~')~,~4'~ ,~~ , ( S t'dcf'!:t :2 -'- - ,2 ~ .' " 350' o ,. B.1.0' 3510 ~.-;:- " '" "' - ('.. , 0 (g(g~'~ '0 . ~K"l'=> '~ ." .000 ,.0 . 3511 3 D .' vt " , OWNER'S INFLATldN PROTECTION INDORSEMENT ATTACHED TO POLICY NO. 15-17601 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: I. 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 12:01 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. 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 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. 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 Poliey and is subject to Ihe schedules, conditions and stipulations therein, except as modified by the provisions hereof. Pioneer NationaLTjtleJn~urance Company by O~k'c~ ~~ h <r:.~'.-~ - . - i- I PRESIDENT .: -~ i '.. '.' ~ . I::. ~ SECRETARY Attest: RATING aUREAU FOR TITLE INSURANCE COMPANIES IN OREGON F.2191.75 ~, (Conditions and Stipulations Continued and Concluded-From Reverse Side of Policy Face) , , such statement shall have been furn~shed,. and no recov~ry an ,improvement subsequent to the date of this policy. and only shall be had by the Insured un?er. thl,s policy unless aC~lon. in that event, the Insured becomes a coinsurer to the extent here- shall. be c.ommenced t.hereon .wlthln five 'years after eXpiration inafter set forth. If the cost of the improvement exceeds twenty of said thirty day pertod. Failure to furnH~h su~h ::,tateme.nt of per centum of the amount of this policy, such proportion only of loss.or damage, o~!a commence such actl~n within th.€ time. any parti'al loss established shall be borne by the Company as hereinbefore specified, shall be a. concluslve.bar a~alnst maln- one hundred twenty per centum of the amount of this policy bears tenance by the Insured of any action under this policy. to the sum of the amount of this policy and the amount expended for the improvement, The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs im- posed on the Insured in such actions or proceedings, and shall apply only t9 that portion of losses which exceed in the aggre- gate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if. at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (bl If the land described or referred to in Schedule A is diviSible into separate and noncontiguous parcels, or if contiguous and such parcels are not used as one single site, and a loss is es- tablished affecting one or more of said parcels but not alt, the loss shall be computed and settled on a pro rata basis as if the face amount of the policy was divided pro rata as to the value on the date of this policy of each separate independent parcel to the whole, exclusive of any improvements made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the In- sured at the time 'of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. I 5. Option to Pay. Settle or Compromise Claims The Company shall have the option to payor settle or compro- mise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or. in case loss is claimed under this policy by the owner of the indebtedness se- cured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with a II costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Com- pany offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same. to the Company upon payment of the purchase price. 6. Payment of Loss (a) The liability of the Company under this policy shall in no case exceed, in all. the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated here- under to pay. (bl The Company will pay. in addition to any loss insured against by this policy, all cost imposed upon the Insured in li- tigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy l11 if the Company, after having received notice of an alleged. defect, lien or encumbrance not excepted or excluded herein.removes such defect, lien or encumbrance within a reason- able time after receipt of such notice, or (2) for liability volun- tarily assumed by the Insurea in settling any claim or suit with- out written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect. lien or encum- brance not excepted or excluded in this policy, until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment sha II be made with- out producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebted- ness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the in- debtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as provided, in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thirty days thereafter. 7. Liability Noncumulative It is expressly understood that the amount of this policy is re- duced by any amount the Company may pay under any pol icy in- suring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. The provisions of this paragraph numbered 7 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 8. Coinsurance and Apportionment (al In the event that a partial loss occurs after the Insured makes 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this pol- icy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be en- titled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be. subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this po.licy, but the Company, in that event, shall be required to'pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company-by reason of the impairment of the right of subroga- tion. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or pro~ perty necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mort- gage covered by this policy, such Insured may release or substi- tute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the I ien of the mortgage, or release any collatera I security for the indebtedness, 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 lien of the mortgage covered by this policy or the title of the estate or interest insured her,ein.must be based on the pro- visions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by rth'e President~a Vice President, the Secretary, an Assistant Secretary or oilier validating officer of the Company. ".' ~ r" ~-.... ~ 11. Notices, where Sent All notices required to.be given the ,Company a.nd,any statement in writing required to be furnishekl the Company, shall include the number of this policy and shall.tie addressed ti::iit.at the office which issued this policy or...to its'Home-.Office,_ Claims Department, 6300 Wilshire Boulevard, P.O: Box 92792, Los. Angeles~ :--' California 90009. " '-, .' - . - r:~ , I,: '...... :' 4.._':. _.' v ~ ~::' ;;.r OREGON DEPARTMENT OF TRANSPORTATION t(,.":- i . File No.--2()1.9!>._,_ "" Fed. Aid No. M-1920 (4) Grantors Rirhnrn Bohon Reit7. Mail Address 15757 Highway 66. Ashland, OR Mail Address Oak Street-Mountain Avenue (Ash1and\.,..__...' JtiI"'RHlrA ltO"T~oy Section ~TTj<:>P"'" County Jackson Purpose Perm. Ease. 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 December 1, 1980 and covering two parcels, subject to special provisions contained in Exhibit{s) C. E attached and by this agreement made a part of this option. The Oregon -Transportation Commission shall have the irrevocable right, at any time, within six (6) months from the date hereof, to accept this option. ersigned, hereinafter referred to as "Grantors," agree to deliver to the State of Oregon, by and thro Department 0 tion, hereinafter referred to as "State," a warranty deed to said pro e G A GOOD AND MERCHANTABLE TI TO FREE FROM ALL OUT NS AND ENCUMBRANCES, INCLUDING UNPAID AND DEFERRED REA , AND FREE FROM ALL RIGHTS OF LESSEES, TENANTS, AND OTHER PERS ANY RIGH SAID PROPERTY: The conveyances shall include all bui.' s and crops located on said property as well as appurtenanc except for the items herein y Grantors). Grantors further agree not to sell or encumber said property during the term of I .' easement Upon the delivery of said . 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 Seven Hundred Fif ty and no /1 00 --:-Oollars ($ 1.750.00 ) (Less t---------------------------------:rmrrtems a..liste&e..&ft~-------------------------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. State will give grantors 30 days written notice of the specific vacation date when making payment for property less any deposits and allowances, Grantors received 90 days notice on N/ A-Permit of Entry granted. 1-21-B1. 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. I 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 Q. damages to grantors remaining property, jf any, which may result from the acquistion or use of said property and the construction or improvement of the highway. All claims for damages, injury or loss on account of failure to close this option ! are hereby expressly waived, Nothing contained herein waives grantor ',s right for actionable (6). claims for damages, to their,remaining property, that may occur during the project. ~ NOTICE: BEFORE SIGNING THIS OPTION BE SURE ALL OBLIGATIONS, INCLUDING THOSE YOU EXPECT STATE ~ TO PERFORM, ARE SET OUT IN THIS OPTION AND THAT YOU FULLY UNDERSTAND ALL OF THE TER~OF r THIS OPTION. " *A11 references herein Dated thi~ <<? .th to Stat~ha11 be day of l"^^ L to the City of 19&, / X i 734.3303 IRev.1/791 atV .~~~~,,,-, '\...~~~-~.- ......, l' "" , . ". ... " EXHIBIT A File 50794 Richard Bohon Reitz and Deirdre Sartorius Reitz HRS 12-1-80 9B-16-28 Survey Approval Project Section: Oak Street-Mountain Avenue (Ashland) Hersey Street Non-Throughway PARCEL 1 - A Permanent Easement for Slopes. The South 10 feet of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon, containing 500 square feet. PARCEL 2 - A Permanent Easement for Drainage Facility. The East 10 feet of Lot 4, Block 2, PATTERSON-PHELPS TRACTS, Jackson County, Oregon, containing 1,500 square feet. aj/ NOTE: Parcels 1 and 2 Access Not Controlled. .. . " EXHIBIT c FILE NO, 50794 OATE STATE'S OTHER OBLIGATIONS State is to Upon the completion of the installation or maintenance of said drainage facility, all excavations will be refilled and the property restored to its existing condition, as nearly as practicable. State agrees to move and reconstruct, in kind, any fence disturbed by the construction or reconstruction of this project. State will, at the time of highway construction, build the following road approaches: Engr. Ste'tion Reconnect existing driveway Top Surface Width Curb Cut Width 11' 17' 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 or 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 accordance with Section 374.305. et seq., ORS and other applicable statutes and regulations. Grantors herebY grant State, its employees or contractors. permission to enter upon their remaining property for the purpose of performing any of said construction work. /\/ , / 81.1343931 " r , . "~ , '. EXHIBIT E FILE NO, ~0794 OATE GRANTORS' OTHER OBLIGATIONS A. Grantors agrH to do the following at their own. cost and expense: B. In the event that this option IS accepted, Grantors agree to remove promptly from the limits of the optioned property the following reserved property or items: . Storage Shed acceptance Any reserved property or items not removed on or before shall become the property of State. 30 days after notice of Option , 81-734-3930 l