HomeMy WebLinkAbout1981-094 Title Acquired - Landura ParkVERNON E:HUBKA
ASSOCIATE
1
RONALD L. SALTER
ATTORNEY AT LAW
'10 NORTH PIONEER STREET
P.O. BO% ]b
ASMLAND. OREGON 9']520
September 14, 1981
ARE�I GOOE 503
TELEPHONE 482-4215
Mr..Brian Almquiet
�ity Administrator
C�ty Sall
Aehland, Oregon 97420
Daar Srian:
Res Aahland ve. Landura
'Our File A-1T0
The City hae noa acquired Title aad satisfactory
Title Ineutanae to Landura Pask. it does aot seem that this
neede to be an Agenda it�mm, but I do believe that the Counail
ehould know that we have aompl�ted thia project.
Sy aopy of thia letter to Nan Branklin, the Deefl
and '!`itle Inauranca Poliay is flelivered to her.:
Very truly yours,
RONALD L. SALTER
RLS/dl
ec: Nan Frauklin, City REcordar�•
John 8zegoz�ese, Planning Director
�DICTATED NOT READ)
9
JACKSON COUNTY �RANCH
721 W. 10th Streat P.O. Box 9 Medford, Oregon 97501 (503) 779-7591 Premium 5 319 00
J r� PIONEER NATIONAI
TITIE INSURANCE
An�oR �oMPAN� 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
heieby 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, atthe date hereof, othenvise 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 in;sured 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!ilfie�eof, over any such mortgage or deed of trust, of any lien or encumbrance upon said
land, except asis�liown in Schedule B such mortgage or deed of trust being shown in the order of its priority,
all subject, however, to the Schedule of 6cclusions 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.
BY u els�ic,7n��
1"1�7 Validating Signatory
TO 1529 PNTI OH 11-]51 ftatine Bureau tor Title Insurance Comoanies in Ornnnn Sranda.d Cn.,c.a..c v„n�..
Sched of Exclusions from Coverage
This policy does not insure against loss or damage by reason of the following:
1. My law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, 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 danain unless notice of the exercise af such rights appears in the.pub-
lic 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 claimin� loss or damage; or (2) known to the Insured Claimant either at the date of this
policy or atthe date such Insured Claimant acquired an estate orinterestinsured by this policy and not shown by the pub-
lic recards, 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 ihe Insured Claimant; w(4) attaching or created subsequent to the date hereof.
5. Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with
out knowledge.
6. Usury or claims of usury..
7. "Consumer credit protection," "truth-in-lending," or similar law.
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 real property;
Ib) "public records": those records which impart constructive
notice of matters relating to said land;
(c) "knowledge":.actual knowledge, not constructive knowledge
or notice which may be imputed to the Insured by reason of any
public records
(d) "date": the effective date;
(s) "'mortgage"': mortgage, deed of trust, trust deed, or other se-
curity instrument; and
(f) "insured": the partyor 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 (7 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 gu8ranty insuring or
guaranteeing said indebtedness, or any part thereof, whether
named as an Insured herein or not, subject otherwi5e 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 satisfactiun 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 hereof.
3. Defense ard Rosecution of�Actions—Notice of Claim to be
given by the Insured
�a� The Company, at its own cost and without undue delay shall
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 saie 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.
(bl In case any such action or proceeding shall be begun, 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 liabla by virtue of this policy, or if tha Insured shall in good
faith contract to sell the indebtedness secured by a mortgage
covered 6y this policy or, if an Insured in good faith leases or
contracts to sel I, lease or mortgage the same, or if the success-
ful bidder at a foreclosure sale under a mortgage covered hy 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 unmarketability
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:'
(c) The Company shall have the right�at its �owncost 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 to it the right to so pro-
secute or provide defense in such action or proceeding, and all
appeals 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 paregreph 3161, 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
IConditions and Stipulations Continued and Concluded on Last Page of This Policy)
SCHEDULE A
Amount$ 82�600.00
Date August 31� 1981
Premium 319 00
INSURED
-----CITY OF ASHLAND, OREGON-----
a Municipal Corporation of the State of Oregon
1:50 P.Pfl.
At 8���
The eatate or inteiest refeaed to herein ia at the date hereof, vested in CI�PY OF ASHLAND OREG0�1
a Municipal Corporation of the State of Oregon-----
The land referred to in ihis policy is described as
A tract or parcel of land situated in the Northwest quarter of
Section 14, Township 39 South, Range 1 East of the Willamette Base
and Pleridian, Jackson County, Oregon and being more fully described
as follows:
Commencing at the section corner common to Sections 10, 11, 14 and
15, said Township and Range; thence South 89 54' 06" East along the
section line common to Sections 11 and 14 629.99.feet to the North
erly extension of the Westerly right of way of Glay Street; thence
leaving said section'line, South 00° 03' 02" East along the Westerly
right of way C1ay.Street, 303.00 feet to a found 5/8 inch iron pin;
thence leaving said right of way, IQorth 89 54' 06`� West and parallel
to the North boundary line of Section 14, 140.00 feet to a found 5/8
inch iron pin; thence I�orth 00° 03' 02" West and parallel to Clay
Street, 138•�95 feet to a found 5/8 inch iron pin situated in the
Southerly right of way of the relocated Green Springs Highway (Hwy.
Vo. 66); thence iVorth 89 52� 39" West along said Southerly right of
way 48.205 feet; thence North 86° 03' 48" 41est along said right of
way, 228.665 feet to a 5/8 inch iron pin for the True Point of
Beginning; thence continuing along said right of way the following
courses: North 86° 03' �+8" West, 72.00 feet to a found 5/8 inch
iron pin; thence iQorth 89° 52' 39" West, 141.90.feet to a found 5/8
inch iron pin,situated in the section line common to Sections 14 and
15, said Township and Range; thence leaving said right of way South
00° O1' 45° East along said Section.line, 581.65 feet to a.found 5/8
inch iron pin situated in that boundary line recited in Volume 45 at
page 348 of the Deed Records of Jackson County, Oregon; thence
leaving said section line South 89° 52' 02" East along said boundary
line, 305.00 feet to a 5/8 inch iron pin; thence leaving said boundary
line North O1 03' 38" West, 240.05 feet to a 5/8 inch iron pin;
PAGE 2 OF POLICY �a. 15-18267
F 298 REV 11-]4 O�
thence North 23° 18' 11" West, 220.05 £eet to a 5/8 inch iron pin;
thence North 00° Ol' 45" West, 135.00 feet to the point of beginning.
Page 3 oF aor� rvo. 15-18207
F-236A O L
StYndard Coverage Policy
SCHEDiJLE A ConHnued
The esfate or interest in the land described in t6is schedule is: a f e e
SCHEDULE B
This policy dces not insure against loss or damage, nor against costs, attomey's fees or expenses, any or all of which
arise by reason of fhe maNers shown or referred to in this Schedule except ro the extent that the owner of aoy
mortgage or deed of trust is e�ressly insured on page 1 of tLis policy.
1. Taxes or assessments whic6 aze not shown as existing liens by the records of any ta�cing authority that levies taxes
or assessments on real property or by t6e public records; proceedings by a pubtic agency which may result in tases
or assessmenfs, or no6ces 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 showu by the public records but which could be ascertained
by an inspectlon of said land or by making inquiry of pe�sons in possession thereof.
3. Easemeots, liens or encumbrances, or claims thereof, which are uot shown by the public rewrds; unpatented
mining claims; reservaHons or exceptions in patents or in Acfs authoriziog the issuance thereof; water rights, claims
or HUe to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any ot6er facts wltich a correct
survey would disclose.
5• The premises herein described are within and subject to the
statutory powers, including the power.of assessment, of Talent
Irrigation District.
6. Access restriction, including the terms and provisions thereof,
contained in deed from Pacific Empire Land Corp., an Oregon corporation;
Ray Ryan; Steve Antonucci and Frances L. Antonucci, husband and wife,
to State of Oregon, by and through its Department of Transportation,
dated April 6, 1972 recorded April 1�, 1972, as Instrument No. 72-
04674, Official Records.
7. Covenants, conditions and restrictions, including the terms and
provisions thereof in deed from State of Oregon, by and through its
State Highway Commission, to Pacific Empire Land Corp., an Oregon
corporation; Ray Ryan; Steven Antonucci and Frances L. Antonucci,
husband and wife, dated May 16, 1972, recorded July 28, 1972, as
Instrument No. 72-09856, Official Records.
PAGE OF POLICY NO. 15
F.30) P.J.]�
GR�CL-'��f S(�RiPJ�S
i :c S.L'9 eJ'��06°E
629.99'
fl. E9°52' 39"5/
W.89°52'39"W. 4&.Zr,S�
E?- r.as°o3�
g'��' t��.so '-�2.00� Gs
I ?8.b
65' iv
p��
o Fd. O.S.H.D. P
w o
w/Alurn. Cap W
w o
a 6rs. South, 0.1 Y G'
v. o
o
F�r�ec. ac�. z E N
nFFCrt f:�.
I 3.542 AC.
Y'7 rJ
I 'I
o:
0
0
4 4.274 AC.
d �LS9"54'�6"�l.
y �...�..a-..��
��i
i
f
tn J
1
'v' a°O r. r
1
i.
I 1
.r�ti
i r
O 4.
I o i�
t W
i
E n
1
E i
i
i
f I
r
t
5 n0
�(l
ti_ri�
.............�>,:............--------------�•'.-��-'-'�'S,?,
i •tn t vp.Ji ',C.E. —^'---.�.,'e
4 Q
f n• i
rt c.: Z
I
V :J G
1
OWNER'S INFLATION PROTECTION INDORSEMENT
ATi'ACHED TO POLICY NO. 15-1H2E>7
ISSUED BY
Pioneer National Title Insurance Company
Thc Company, roco�nizing the currcnt eHcct of intlation on real property valuation and intending
to providc additional monetary protcetion to the lnsured Owner named in said Policy, hercby modifies
said Policy, as follows:
l. Notwithstanding anything containcd in said Policy to the contrary, the amount of insurance
provided by said Policy, as statcd in Schedulc A thereof, is subject to cumulative annual
upward adjustments in the manncr and to the extent hereinafter specified.
2. "Adjustment Datc° is tlefined, for Ihe purposc of this Indorsemcnt, to be ]2:OL a.m. on the
first January 1 which occurs morc than six months aftcc the Datc 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 thc Adjus[ment Dates, as defined above, by
increasing the maximum amount of insurance provided by said Policy (as said amount may
have been incrcased [heretofore under the terms of this Indorsement) by the same peme�tage,
if any, by which the United States Department of Commeree Composite Construction Cost
Index (base period 1967) for the mo�th 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 I50% 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 [erms 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 therc is no increase in said Construction Cost Index.
4. In the setdement of any claim against the Company under said Policy, the amount of
insurance in foree 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 asscrtion of such claim, or as
of the date of receipt by the Company of the first notice of such claim, whichever shall first
ocwr.
Nothing herein contained shall bc construed as extending or changing the effective date of said
Policy.
This indorsement is made a part of said Policy and is subject [o the schedules, conditions and
stipulations therein, except as modificd by the provisions hereof.
Pioneer National Title_Insurance Company
r�
by �J�
RESIDEN7'
�"j
.t
N,�
Attest:
SECRETARY
��:5�;�.`
ING BIIqEGV FOP TITLE INSIIP<NCE
NIES IN OPEGON
(Conditionsand Stipulations Continued and Concluded From Reverse Side of Policy Face)
such statement shal I have been furnished, and no recovery
shall be had by the Insured under this policy unless action
shall be commenced thereon within five years after expiration
of said thirty day period. Failure to furnish such statement of
loss or damage, or to commence such action within the time
hereinbefore specified, shall be a conclusive bar against main-
tenance by the Insured of any action under this policy.
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or 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 all 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. Paymen[ 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-
underto pay.
(b) The Company wil I 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 (1 I 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 volum
tarily assumed by the Insured in settling any claim or suit with-
out written consent of the Company, or (31 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, shal I reduce the amount
of the insurance pro tanto and no payment shall be made with-
out producing this policy for endorsement of Such payment un-
1e55 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
ot 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 cov,ered by this policy shall terminate all liability of
the Company [o 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. Lia6ility Noncumula[ive
It is expressly understood that the amount of this policy is re-
duced by any amount the Company may pay under any policy 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.
6. Coinsurance ard 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 Insured becomes a coinsurer to the extent here-
inaker set forth. If the cost of the improvement exceeds twenty
per centum of the amount of this policy, such proportion only of
any partial loss established shall be borne by the Company 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 provisions shal I 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 to 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.
(b) 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 all, 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 subsequenttothe
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.
9. Subrogation upon Payment or Settlament
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 resuk from any'act of the Insured,
such act shall not void this policy, 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 lien of the mortgage, or release
any collateral security for the indebtedness, provided such act
does not result in any loss of priority of the lien of the mortgage.
10. Poiicy 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 ot
the estate or interest insured herein must be based on the pro-
visions of this palicy. No pravision or condition of this policy
can be waived or changed except by writing endorsed hereon or
attached hereto signed by the President, a Vice President, the
Secretary, an Assistant Secretary or other validating officer
of the Company.
11. Notices, where Sent
All notices required to be given the Company and any statement
in writing required to be furnished the Company shall include the
number of this policy and shall be addressed to it at the office
which issued this policy or to its Home Office, Claims Department,
6300 Wils�ire Boulevard, P.O. Box 92792, Los Angeles,
California 90009.
8�--1f �548
7�r,1 T iS- l Z�a 6
BARGAIN AND SALE DEED
j /0
s�
KNOW ALL MEN BY THESE PRESENTS that STRATFORD ASSOCIATES, an
Oregon Limited Partnership, hereinafter called "Grantor", in consideration
of ONE DOLLAR ($1.00) and other good and valuable consideration, does
hereby bargain, sell and convey to the CITY OF ASHLAND, OREGON, a Munic-
ipal Corporation of the State of Oregon, hereinafter called "Grantee",
that certain real property with the tenements, hereditaments and appu-
rtenances thereunto belonging or appertaining, situated in the City of
Ashland, Coanty of Jackson, State of O'tegon, described c:. Exhibit "l."
hereto, and by this reference.incorporated.herein. Said conveyance is
subject to the easements and restrictions now of record.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee,
its successors and assigns forever.
The Grantee acknowledges that the propeity herebe conveyed to
it has at the present time a fair market value of EIGHTY-TWO THOUSAND
SIX HUNDRED DOLLARS ($82,600).
This conveyance shall include any right, title or interest
hereafter acquired by the Grantors.
And the Grantors covenant that they have not done or suffered
anything whereby the sai3 premises ha=,�e beeri ericunbered in any way
whatsoever, except as above stated.
IN WITNESS WHEREOF this Deed has been executed thi5 �day
of June, 1981.
STATE OF OREGON
ss.
County of Marion)
s����
STRAT OR O ATES,. an Oregon
Li ted t ership
ROG�, DU Managing General
Partn
Personally appeared the above-named ROGER MIDURA, Managing
r ,.o,- 1 °3rt ,.c Str�t a
2._.._d :1:� fOTu a-.SSv...io�E,'S�.- o+.0 aCiCiavWiEuycC'i ti:i1C ici"iCyiill�iy
instrument to be his voluntary,:act and deed,
Limited Partnership.
s
Before me: S yo�v�,`�'�a=
°1 r e t��1 ��O t3T]�
o. e.[,��:..,�� Con
J�'�S i
Bargain and Sale Deed °,r o
duly.authorized by the
J '1;
$1--16548
SHEET
See page 1 for vesting and encumbrances, if any.
Description o( the tract of land which is the subiect oi this report:
A Lraet or parcel oP land situated in the North�sst quarter oP
�eotion 14, :awnship 35 Sont�, P,ange 1�ast cf tAe 5iilla�tt� Sase
aad r,eridisn. JacYsen Cour.ty, Uregon anfl bei�g r�ore �lly flescrtbe�
as Pcllvxs:
Co�tencln� at the section corner co�on to Seetiane lU, 11, 14 snd
15 ��d ie�rns"n].p and F.ange; Lhence SauL� 89° 54* 06" :,ast along tha
section line cama+on to Sect2ons 2I and l�i, 62g.q9 Poet to the Fdorth-
erly eatsnaion oY the iJesteslq right oP rtaq of 41sy 5treet; thenee
leaving ,said secstion line, South 00° �3' 62�' East along the k'esterly
ri�ht of �oaq Clay Street, 303•00 feat to a Paund 5/$ iaeh iron pin;
tnenca Ieaving saia rs�t or m8y� i1A!`th 8g° ;a+ 06° :aest and parai?Qi
Lo kh� �tortL bounciary 2ii� of Section 14, 140.SJ13 feet to a Ponnd 5/8
inch iroo pin; thence tiorth 00° t�3' 02" West arid parallel to Clsy
Street, 13$.495 feet to a Pound 5/8 inch iron pin situated ia Ehe
Souther2y right of c.*aq of the relocsLed �rQers Spriasgs Hi�i;c�sq (Hmq,
2to. 65); Lhence worth S9 52t 39" West along said Southeriq right af
way $8.205 Peet; tiierice i.�rtYi �3b° D3° a8' eTest along a�id rig.�tti of
xrap, 22�3.6b$ Peet to a$/8 inch iron p3n far the i'rue Point of
Beginning; thenee conCinuing alon� �at3 ri�;ht of way the follcwin�
courses: T�torth $6° 03' U8" West, 72.G0 fee� to a Yound 5/$ Lsch
iran pin; thence t�orEh $9 S2` 3>" West, 141.9U Peet to a Paund 5/8
inch lron pin situated in the section line eo�son to Scctiona 14 and
15, sgid To�rnsi�ip 2rad Range; thence leavin� sai�i xi�l�t oP �R,y South
00° 02' �4S" 'rast a2orig s�id Section line, 5�31.65 feet to a faund 5/a
inch iron pin situeted 1n triat houndarq lina reclted in Voluwa �15 at
Pa6R 348 of the_Deed :teCOrde oS Jack�on County, O�gon; thenee
leaving said aection line �outh $g° 52' 02" :.affiC along said boundary
lins, 305.Oi7 feet to a 5/II inch iron pin; �hence leaving said boundary
Iine t�arth O1° 03' 3�" �e$t, 2�t0.o5 reet to a 5/8 inch iron pin;
Report No.
EXHIBIT A
81 �16548
NATIONAL TfTLE INSURANCE COMPAWY
C 0�
P V
::arth 23° 18' 11" l�eat, 22Q.05 feet to a 5/3 ineh iron �in;
�torth Og° OI' 9�" idest, 135.00 feet to the poinL af beginning.
Jackaon Countp, OieQon
Recorded
OFFICIAL AECORDS
WALDENE TEAAY
C and SECORDER
�Y aputp
Continuafion Sheel Repori No. 5—�,II267
EXHIBIT A
CONT.
F-236A
OO
,c,•
A RESOLliTION DEDICATING
q PARY. TO PARKS AND RECREATION PUR-
POSES PURSUANT TO ARTICLE 19 OF
'"t, ASHLAND CITY CHARTER.
RESOLUTION N0. 81- �o��
WHEREAS, the hereinafter described property was donated to the City of
Ashland by the developers o£ abutting lands for park purposes (Landura
Corporation); and.
WHEREAS, it is the desire of the City Council to transfer maintenance
responsibility to the Ashland Parks and Recreation Commission, which is
charged by the Charter to ass�e jurisdiction thereof and accept a dedica-
tion of the property.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
Ashland:
SECTION 1. That certain property situated in the City of Ashland, Jackson
County, Oregon, to wit:
A tract or parcel of land situated in the Northwest quarter of Section 14,
Township 39 South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon and being more fully described as follows:
Coimnencing at the section corner common to Sections 10, 11, 14 and 15, said
Township and Range; thence South 89°.54'06" East along the section lir.e common
to Sections 11 and 14, 629.99 feet to the Northerly extension of the Westerly
right of way of Clay Street; thence leaving said section line, South 00°03'02"
East along the Westerly right of way Clay Street, 303.00 feet to a found 5/8
inch iron pin; thence leaving said right of way, North 89°54'06" West and
parallel to the North boundary line of Section 14, 140.00 feet to a found 5/S
inch iron pin; thence North 00°03'02" West and para11e1 to Clay_�treet,
138.095 feet to a found 5/8 inch iron pin situated in the Southerly right of
way of the relocated Green 5prings Highway (Hwy. No. 66); thence North 89°52'3
4)est along said Southerly right of way 48.205 feet; thence North 86 03 48 West
along said right of way, 228.665 feet to a 5/8 inch iron pin for the True
Point of Beginning; thence continuing along said right of way the following
courses: North 86°03'48" West, 72.00 feet to a found 5/8 inch iron pin;
thence North 89°52'39" West, 141.90 feet to a found 5/8 inch iron pin situated
in the section line common to Sections 14 and 15, said �'ownship and Range;
thence leaving said right of way Soutn 00°O1'45" East along said Section line,
58155 feet to a found 5/E inc': ircn pin situa�e�? in t}2dt boundary lir_e recited
in Volume 45 at page 348 of the Deed Records of Jackson County, Oregon; thence
leaving said section line South 89 52'02" East along said boundary line,
305.00 feet to a 5/8 inch iron pin: thence leaving said boundary line North
O1°03'38" West, 240.05 feet to a 5/8 inch iron pin; thence North 23�18`11"
West, 220.05 feet to a 5/8 inch iron pin; thence North 00 O1'45" West, 135.00
feet to the point of beginning. Containing 3.542 Acres, more or less.
Reserving therefrom, an irrigation easement from the above described tract or
parcel of land, over and.across a strip of land 15 feet in width, when
measured at right angles therefrom, the following described boundary line:
Beginning at the Northwest corner of the hereinabove described tract or parcel
of land; thence South 00 East along the section line couQnon to Sec-
tion 14 and 15, said Township and Range, 581.65 feet to a found 5/8 inch iron
pin; thence leaving said section line South 89°52'02" East, 305.00 feet to
a 5/8 inch iron pin for the terminus of said line.
-1-
be, and the same hereby, is forever dedicated to
of Ashland for park purposes and shall, upon the
be subject to the provisions of Article 19 of the
Ashland, and any other provisions of said Charter
City applicable to park lands.
the people of the City
adoption of this Resolution,
Charter of the City of
or ordinances of the
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of,Ashland on the j� day of
��r,.v,x.G-e� 1981.
�lilrU %/L-t�->��/Z-�il,-c�
Nan E. Fran in
City Recorder
SIGNED and APPROVED this �day
o f L e-f/ 19 81.
I���c�� �L,s/,l�-s'�<L'W[.i
or on Me aris
Mayor