89-30157 ~ OREGON TITSTATUTORY WARRANTY DEED
((� )) Insurance Company (Individual or Corporation) 89-30157
GLEN L. WILCOX and LORRAINE WILCOX, husband and wife Washington County
, Grantor,
conveys and warrants to TIGARD WATER DISTRICT
, Grantee,
the following described real property in the County of Washington and State of Oregon
free of liens and encumbrances, except as specifically set forth herein:
As described on attached Exhibit "A" which is incorporated herein.
This property is free of liens and encumbrances, EXCEPT: Statutory powers and assessments of Unified
Sewerage Agency; The rights of the public in and to that portion of the
ZS premises herein described lying within the limits of roads and highways ;
- Agreement for easement for ingress , egress and utilities recorded 9/2/87
as Fee No. 87045193 .
4E�
z
The true consideration for this conveyance is 1 2 5 _ 0 0 0 _ 0 0 (Here comply with the requirements of ORS 93.030*).
7 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF AP-
PLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON AC-
QUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
DATED this ,-? day of June 19 89 . If a corporate grantor, it has caused its name to be signed by resolu-
tion of its oa of dire ors.
Glen L. Wilcox Lorraine Wilcox
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of Clackamas )ss. STATE OF OREGON, County of )ss.
The foregoing instrument was acknowledged before me The foregoing instrument was acknowledged before me
this :2-- `` day of .711r,e 19 8 9 this day of 19
by a by and
Wi 1rew by
1, r of
a corporation, on behalf of the corporation.
Notary Public fot n - • • Notary Public for Oregon
My commission expires:..•'•-11/3/9 2 My commission expires:
*If the consideration consists of or includes other property or value, add the following: "The actual consideration consists of or includes
other property or value given or promised which is part ofole
the consideration (indicate which)."
THIS SPACE RESERVED FOR RECORDER'S USE
106832
Order No.
After recording return to:
Tigard Water District
8841 SW Commercial
Tigard, Or. 97223-6290
Attn: John Miller
NAME,ADDRESS,ZIP
Until a change is requested alt tax statements shall be sent to the following address:
same as above
OTIC 508 NAME,ADDRESS,ZIP
fSIMI. Z.
* 0..
Order No. 106832 W
Legal Description
EXHIBIT "A"
A tract of land in Section 5, Township 2 South, Range 1 West,
of the Willamette Meridian, in the County of Washington and
State of Oregon, being a portion of that tract conveyed to
Hjalmar Hvam, et ux, by Deed recorded June 6, 1945 in Book
244, Page 497, Washington County Deed Records, said portion
being more particularly described as follows:
COMMENCING at an iron pipe at the quarter corner between
Sections 5 and 8, Township 2 South, Range 1 West, of the
Willamette Meridian; and running thence North 0° 48' East,
931.4 feet to an iron pipe which is the true point of
beginning on the herein described property; thence South 89°
12' East, 624.8 feet to a point (which point is 20 feet West
from an iron spring leaf) ; thence South 10 feet to a point;
thence North 88° 44' East, 400.3 feet to a point in the
center of a 40 foot dedicated road dedicated to the public by
A.S. Pattullo and wife, by Deed recorded on Page 81 in Book
147, Washington County Deed Records; thence Northerly and
tracing the center of said dedicated road, a distance of 10
feet; thence South 88° 44' West ( and passing at 20 feet an
iron pipe) , a distance of 380.3 feet to an iron spring leaf;
thence North 0° 48' East, 615. 64 feet to a point; thence
North 89° 12' West, 420.08 feet to a point; thence North 350
feet, more or less, to a point on the North line of the
aforementioned Hvam tract; thence Westerly along said North
line, 224 feet to an iron pipe; thence South 0° 48 ' West,
965. 64 feet to a true point of beginning.
TOGETHER WITH a perpetual, non-exclusive easement for
ingress, egress and utilities as described in Easement
Agreeement recorded September 2, 1987 as Recorder' s Fee No.
87045193. STATE OF OREGON
County of Washington J SS
I,Donald W.Mason,Director of Assessment
and Taxation and o,,Recorder of Con-
veyances for said`&�x-,bibumtyb.,doli by certify that
the within instrument`bt vvrltirrg was received
and recorded book df record of shill county.
001'1dr44z:Mason,'Oiiector of
4040011111rt aff0 Taxa*, Ex-
Ofh 'o•4O,unty Jerk..
Doc : 89030157
Rect: 13081 16. 00
07/03/1989 02: 23: 26PM
POLICY OF TITLE INSURANCE
ISSUED BY
OREGON TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, OREGON TITLE IN-
SURANCE COMPANY, an Oregon corporation, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule
A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder
sustained or incurred by the insured by reason of:
1. title to the estate or interest described in Schedule A vested otherwise than as
stated therein;
2. any defect in or lien or encumbrance on such title;
3. lack of a right of access to and from the land; or
4. unmarketability of such title.
IN WITNESS WHEREOF, OREGON TITLE INSURANCE COMPANY has caused its corporate name and
seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary,
provided this policy is valid only when countersigned by a duly authorized officer or agent of the corpora-
tion.
riOREGON TITLE INSURANCE COMPANY
BY `
Countersigned PRESIDENT
ATTEST \ SECRETARY
Authorized Officcer \\,..\ \,\s4v .....
OTIC-906 ALTA Owner's Policy Form B 1970, rev. 1984
SCHEDULE OF EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY:
1. (a) GOVERNMENTAL POLICE POWER.
(b) ANY LAW,ORDINANCE OR GOVERNMENTAL REGULATION RELATING TO ENVIRONMENTAL PROTECTION.
(c) ANY 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
LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND,OR PROHIBITING A SEPARATION IN OWNERSHIP OR A CHANGE
IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART.
(d) THE EFFECT OF ANY VIOLATION OF THE MATTERS EXCLUDED UNDER(a),(b)OR(c)ABOVE, UNLESS NOTICE OF A DEFECT, LIEN OR ENCUM-
BRANCE RESULTING FROM A VIOLATION HAS BEEN RECORDED AT DATE OF POLICY IN THOSE RECORDS IN WHICH UNDER STATE STATUTES,
DEEDS, MORTGAGES, LIS PENDENS, LIENS OR OTHER TITLE ENCUMBRANCES MUST BE RECORDED IN ORDER TO IMPART CONSTRUCTIVE
NOTICE TO PURCHASERS OF THE LAND FOR VALUE AND WITHOUT KNOWLEDGE; PROVIDED, HOWEVER, THAT WITHOUT LIMITATION, SUCH
RECORDS SHALL NOT BE CONSTRUED TO INCLUDE RECORDS IN ANY OF THE OFFICES OF FEDERAL,STATE OR LOCAL ENVIRONMENTAL PRO-
TECTION,ZONING,BUILDING,HEALTH OR PUBLIC SAFETY AUTHORITIES.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE OF SUCH RIGHTS APPEARS IN THE PUBLIC RECORDS AT DATE OF POLICY.
3. DEFECTS, LIENS,ENCUMBRANCES,ADVERSE CLAIMS,OR OTHER MATTERS(a)CREATED,SUFFERED,ASSUMED OR AGREED TO BY THE INSURED
CLAIMANT;(b)NOT KNOWN TO THE COMPANY AND NOT SHOWN BY THE PUBLIC RECORDS BUT KNOWN TO THE INSURED CLAIMANT EITHER AT
DATE OF POLICY OR AT THE DATE SUCH CLAIMANT ACQUIRED AN ESTATE OR INTEREST INSURED BY THIS POLICY AND NOT DISCLOSED IN WRITING
BY THE INSURED CLAIMANT TO THE COMPANY PRIOR TO THE DATE SUCH INSURED CLAIMANT BECAME AN INSURED HEREUNDER;(c)RESULTING IN
NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;(d) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY;OR(e)RESULTING IN LOSS OR
DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE ESTATE OR INTEREST INSURED BY THIS
POLICY.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS 3. DEFENSE AND PROSECUTION OF defense of any action or proceeding, the insured
The following terms when used in this policy ACTIONS—NOTICE OF CLAIM TO BE hereunder shall secure to the Company the right to
GIVEN BY AN INSURED CLAIMANT so prosecute or provide defense in such action or
mean:
a) "insured": the insured named in (a)The Company,at its own cost and without
proceeding, and all appeals therein, and permit the
( undue delay, shall provide for the defense of an in- Company to use,at its option,the name of such in-
Schedule A, and, subject to any rights or defenses sured for such purpose. Whenever requested by the
the Company may have had against the named in- sured in all litigation consisting of actions or pro- Company, such insured shall
sured, those who succeed to the interest of such in- ceedings commenced against such insured, or give the Company all
sured by operation of law as distinguished from pur- defense interposed against an insured in an action to reasonable aid in any such action or proceeding, in
8 effecting settlement, securing evidence, obtaining
chase including, but not limited to, heirs, enforce a contract for a sale of the estate or interest
witnesses, or prosecuting or defending such action
distributees, devisees, survivors, personal re in said land, to the extent that such litigation is
resen-
p founded upon an alleged defect,lien,encumbrance, or proceeding, and the Company shall reimburse
tatives, next of kin, or corporate or fiduciary suc- such insured for any expense so incurred.
cessors. or other matter insured against by this policy.
(b) "insured claimant": an insured (b) The insured shall notify the Company 4. NOTICE OF LOSS—LIMITATION OF
claiming loss or damage hereunder. promptly in writing (i) in case any action or pro- ACTION
ceeding is begun or defense is interposed as set forth In addition to the notices required under
(c) "knowledge": actual knowledge, not in(a)above,(ii)in case knowledge shall come to an paragraph 3(b)of these Conditions and Stipulations,
constructive knowledge or notice which may be im- insured hereunder of any claim of title or interest a statement in writing of any loss or damage for
puted to an insured by reason of any public records. which is adverse to the title to the estate or interest,
as insured, and which might cause loss or damage which it is claimed the Company is liable under this
(d) "land": the land described, policy shall be furnished to the Company within 90
for which the Company may be liable by virtue of
specifically or by reference to Schedule A and im- days after such loss or damage shall have been deter-
this policy,or(iii)if title to the estate or interest,as mined and no right of action shall accrue to an in-
insured,real property; provided, however, the term "land" is rejected as unmarketable.If such prompt sured claimant until 30 days after such statement
does not include any property beyond the lines of the notice shall not be given to the Company,then as to shall have been furnished. Failure to furnish such
area specifically described or referred to in Schedule such insured all liability of the Company shall cease statement of loss or damage shall terminate any
A,nor any right,title,interest,estate or easement in and terminate in regard to the matter or matters for liability of the Company under this policy as to such
which such prompt notice is required; provided,
abutting streets, roads, avenues,alleys, lanes, ways loss or damage.
or waterways, but nothing herein shall modify or however, that failure to notify shall in no case pre-
limit the extent to which a right of access to and judice the rights of any such insured under this 5. OPTIONS TO PAY OR OTHERWISE
from the land is insured by this policy. policy unless the Company shall be prejudiced by SETTLE CLAIMS
such failure and then only to the extent of such pre-
(e) "mortgage":mortgage,deed of trust, judice. The Company shall have the option to pay or
trust deed,or other security instrument. otherwise settle for or in the name of an insured
(c) The Company shall have the right at its claimant any claim insured against or to terminate
(f) "public records":those records which own cost to institute and without undue delay pro- all liability and obligations of the Company
by law impart constructive notice of matters relating secute any action or proceeding or to do any other hereunder by paying or tendering payment of the
to said land. act which in its opinion may be necessary or amount of insurance under this policy together with
2. CONTINUATION OF INSURANCE AFTER desirable to establish the title to the estate or interest any costs, attorney's fees and expenses incurred up
CONVEYANCE OF TITLE as insured, and the Company may take any ap- to the time of such payment or tender of payment,
propriate action under the terms of this policy, by the insured claimant and authorized by the Corn-
The coverage of this policy shall continue in whether or not it shall be liable thereunder,and shall pany.
force as of Date of Policy in favor of an insured so not thereby concede liability or waive any provision 6. DETERMINATION AND PAYMENT OF
long as such insured retains an estate or interest in of this policy. LOSS
the land,or holds an indebtedness secured by a pur- (d)Whenever the Company shall have brought
chase money mortgage given by a purchaser from any action or interpod defensequired or (a) The liability of the Company under this
sea as re
such insured, or so long as such insured shall have permitted by the provisions of this policy,thequi Com-
liability by reason of covenants of warranty made by
such insured in any transfer or conveyance of such pany may pursue any such litigation to final deter- (i) the actual loss of the insured claimant;
estate or interest; provided, however, this policy mination by a court of competent jurisdiction and or
shall not continue in force in favor of any purchaser expressly reserves the right in its sole discretion, to
appeal from any adverse judgment or order. (ii) the, amount of insurance stated in
from such insured of either said estate or interest or Schedule A.
the indebtedness secured by a purchase money mort- (e)In all cases where this policy
gage given to such insured. quires the Company to prosecute or provide for the
SCHEDULE A
Date of Policy: July 3 , 1989 At: 2 : 24 P.M.
Policy No. 106832 W Amount of Insurance: $125 , 000 . 00
Order No. 106832 W Charge: $418 . 00
1. Insured:
TIGARD WATER DISTRICT
2. The estate or interest referred to herein is, at the date hereof, vested in:
TIGARD WATER DISTRICT
3. The land referred to in this policy is described as:
PLEASE SEE EXHIBIT "A" ATTACHED HERETO
4. 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 by reason of the following:
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 ascer-
tained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement or encumbrances, not shown by the public records, reservations or
exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water.
4. Any lien, or right to a lien, for taxes, workman's compensation, services, labor, equipment rental or
material heretofore or hereafter furnished, imposed by law and not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose.
OTIC-907.1 - ALTA Owner's Policy Form B - 1970
Policy No. 106832 W
SCHEDULE B, CONTINUED
6 . Taxes for the fiscal year 1989-90 , a lien due, but not yet
payable.
7 . Statutory powers and assessments of the Unified Sewerage Agency.
8 . The rights of the public in and to that portion of the premises
herein described lying within the limits of roads and highways .
9. Agreement , including the terms and provisions thereof,
By and Between : State of Oregon, Public Employees ' Retirement
Fund AND Milomar Investments , Inc.
Dated September 1, 1987
Recorded September 2 , 1987 Recorder' s Fee No. 87045193
Pertaining to Easement for Ingress , Egress and Utilities
9a. Corrected, modified or amended by instrument ,
Recorded July 3 , 1989 Recorder' s Fee No. 89-30156
10 . An easement created by instrument , including the terms and
provisions thereof,
Recorded July 3 , 1989 Recorder' s Fee No. 89-30158
In favor of Tigard Water District , a municipal corporation
of Washington County, Oregon
For Water line purposes
Affects See recorded document for details
OTIC-901.1/907.2
1p
Order No. 106832 W
Legal Description
EXHIBIT "A"
A tract of land in Section 5, Township 2 South, Range 1 West,
of the Willamette Meridian, in the County of Washington and
State of Oregon, being a portion of that tract conveyed to
Hjalmar Hvam, et ux, by Deed recorded June 6, 1945 in Book
244, Page 497, Washington County Deed Records, said portion
being more particularly described as follows:
COMMENCING at an iron pipe at the quarter corner between
Sections 5 and 8, Township 2 South, Range 1 West, of the
Willamette Meridian; and running thence North 0° 48' East,
931.4 feet to an iron pipe which is the true point of
beginning on the herein described property; thence South 89°
12' East, 624.8 feet to a point (which point is 20 feet West
from an iron spring leaf) ; thence South 10 feet to a point;
thence North 88° 44' East, 400.3 feet to a point in the
center of a 40 foot dedicated road dedicated to the public by
A.S. Pattullo and wife, by Deed recorded on Page 81 in Book
147, Washington County Deed Records; thence Northerly and
tracing the center of said dedicated road, a distance of 10
feet; thence South 88° 44' West (and passing at 20 feet an
iron pipe) , a distance of 380.3 feet to an iron spring leaf;
thence North 0° 48' East, 615. 64 feet to a point; thence
North 89° 12' West, 420.08 feet to a point; thence North 350
feet, more or less, to a point on the North line of the
aforementioned Hvam tract; thence Westerly along said North
line, 224 feet to an iron pipe; thence South 0° 48 ' West,
965. 64 feet to a true point of beginning.
TOGETHER WITH a perpetual, non-exclusive easement for
ingress, egress and utilities as described in Easement
Agreeement recorded September 2, 1987 as Recorder' s Fee No.
87045193.
NORTH
THIS SKETCH IS MADE SOLELY FOR THE PURPOSE OF ASSISTING
IN LOCATING SAID PREMISES, AND THE COMPANY ASSUMES NO
LIABILITY FOR VARIATION. IF ANY, IN DIMENSIONS AND LOCATIONS
ASCERTAINED BY ACTUAL SURVEY.
THIS PLOT PLAN IS COURTESY OF
OREGON TITLE INSURANCE COMPANY
N89°12 W 584.8 " � 11
\�-.�>•
NO.48'E 200.124c. — - \ .. .,L;
CONDITIONS AND STIPULATIONS
(Continued from inside front cover)
(b)The Company will pay,in addition to any 10. APPORTIONMENT No amendment of or endorsement to this
loss insured against by this policy,all costs imposed policy can be made except by writing endorsed
upon an insured in litigation carried on by the Com- If the land described in Schedule A con- hereon or attached hereto signed by either the Presi-
pany for such insured,and all costs,attorney's fees sists of two or more parcels which are not used as a dent, a Vice President, the Secretary, an Assistant
and expenses in litigation carried on by such insured single site,and a loss is established affecting one or Secretary, or validating officer or authorized
with the written authorization of the Company. more of said parcels but not all, the loss shall be signatory of the Company.
computed and settled on a pro rata basis as if the
(c) When liability has been definitely fixed in amount of insurance under this policy was divided 13. NOTICES, WHERE SENT
accordance with the conditions of this policy, the pro rata as to the value on Date of Policy of each All notices required to be given the Company
loss or damage shall be payable within 30 days separate parcel to the whole, exclusive of any im-
thereafter. provements made subsequent to Date of Policy, and any statement in writing required to be furnish-
unless a liability or value has otherwise been agreed ed the Company shall be addressed to it at its main
7. LIMITATION OF LIABILITY upon as to each such parcel by the Company and the office at 1515 S.W. 5th Avenue, Portland, Oregon
No claim shall arise or be maintainable under
insured at the time of the issuance of this policy and 97201
this policy(a)if the Company,after having received shown by an express statement herein or by an en-
notice of an alleged defect,lien or encumbrance in- dorsement attached hereto.
sured against hereunder, by litigation or otherwise, 11. SUBROGATION UPON PAYMENT OR
removes such defect, lien or encumbrance or SETTLEMENT
establishes the title, as insured,within a reasonable
time after receipt of such notice; (b)in the event of Whenever the Company shall have settled a
• litigation until there has been a final determination claim under this policy,all right of subrogation sha"
by a court of competent jurisdiction,and disposition vest in the Company unaffected by any act of the in-
of all appeals therefrom, adverse to the title, as in- sured claimant.The Company shall be subrogated to
sured,as provided in paragraph 3 hereof; or(c)for and be entitled to all rights and remedies which such
liability voluntarily assumed by an insured in settling insured claimant would have had against any person
any claim or suit without prior written consent of the or property in respect to such claim had this policy
Company. not been issued, and if requested by the Company,
such insured claimant shall transfer to the Company
8. REDUCTION OF LIABILITY all rights and remedies against any person or proper-
All payments under this policy, except pay- ty necessary in order to perfect such right of
ments made for costs,attorneys' fees and expenses, subrogation and shall permit the Company to use
shall reduce the amount of the insurance pro tanto. the name of such insured claimant in any transaction
No payment shall be made without producing this or litigation involving such rights or remedies.If the
policy for endorsement of such payment unless the
payment does not cover the loss of such insured clai-
policy be lost or destroyed, in which case proof of mant, the Company shall be subrogated to such
such loss or destruction shall be furnished to the rights and remedies in the proportion which said
satisfaction of the Company. payment bears to the amount of said loss. If loss
should result from any act of such insured claimant,
9. LIABILITY NONCUMULATIVE such act shall not void this policy,but the Company,
in that event,shall be required to pay only that part
It is expressly understood that the amount of
insurance under this policy shall be reduced by any exceedof any losses insured if as y,lost hereunderoth o whichy shally
the amount, any, to the Company by
amount the Company may pay under any policy in- reason of the impairment of the right of subroga-
suring either(a)a mortgage shown or referred to in tion.
Schedule B hereof which is a lien on the estate or in-
terest covered by this policy, or (b) a mortgage 12. LIABILITY LIMITED TO THIS POLICY
hereafter executed by an insured which is a charge or This instrument together with all endorse-
lien on the estate or interest described or referred to ments and other instruments,if any,attached hereto
in Schedule A, and the amount so paid shall be by the Company is the entire policy and contract bet-
deemed a payment under this policy.The Company ween the insured and the Company.
shall have the option to apply to the payment of any
such mortgages any amount that otherwise would be Any claim of loss or damage, whether or not
• payable hereunder to the insured owner of the estate based on negligence, and which arises out of the
or interest covered by this policy and the amount so status of the title to the estate or interest covered
paid shall be deemed a payment under this policy to hereby or any action asserting such claim, shall be
said insured owner. restricted to the provisions and conditions and
stipulations of this policy.
Ma.
OPTION WITH EXTENSION
KNOW ALL MEN BY THESE PRESENTS, that We, GLEN L. WILCOX and LORRAINE
WILCOX, hereinafter called "Owner", in consideration of the sum of ONE THOUSAND
DOLLARS ($1000.00) , to us in hand paid by TIGARD WATER DISTRICT, hereinafter
called "Optionee", do hereby give and grant unto Optionee the sole, exclusive
and irrevocable right and option to and including July 14, 1989, within which to
purchase, subject to the terms and provisions hereof, those certain real
premises in the County of Washington, State of Oregon, as described on Exhibit A
attached hereto and by this reference made a part hereof.
1. Purchase Price. In the event that option herein set forth is
exercised on or prior to July 14, 1989, in the manner hereinafter provided, the
agreed purchase price shall be the sum of ONE HUNDRED TWENTY FIVE THOUSAND
DOLLARS ($125,000.00) (including the $1000.00 initial option consideration) , to
be paid as hereinafter set forth.
2. Basic Option. This option shall be exercised, if at all, not later
than July 14, 1989, in the following manner:
(a) Written notice delivered in hand or posted to be received by
Owner, c/o Kenneth M. Elliott, Attorney for Owner, at 1727 N.W. Hoyt,
Portland, Oregon 97209, not later than 5:00 p.m. , July 14, 1989.
(b) Optionee shall deposit in escrow with Oregon Title Insurance
Company, not later than 5:00 p.m. , July 14, 1989, the sum of ONE HUNDRED
TWENTY FIVE THOUSAND DOLLARS ($125,000.00) less the $1000.00 initial option
consideration paid.
Time and manner of exercising this option being of the essence hereof, and
in the event this option be not exercised or right to extend the term of the
option be not exercised as herein required, this option shall be of no further
force and effect after July 14, 1989, and Owner shall retain the option
consideration.
3. Title. Owner shall furnish to Optionee within ten (10) business days
from the date of exercise of this option, a preliminary title report from Oregon
Title Insurance Company showing its willingness to insure fee simple title to
said premises in Owner, subject to the usual printed exceptions of the insurance
policies, utility easements of record and the rights of the public in street,
roads and highway. Owner covenants not to encumber their title subsequent to
the date hereof. In the event the preliminary title report thus furnished shall
disclose exceptions additional to those described herein which render the title
unacceptable to Optionee, Optionee shall give written notice of any specific
objections or exceptions to the Owner, in care of Kenneth M. Elliott, Attorney
for Owner, 1727 N.W. Hoyt, Portland, Oregon 97209, within fifteen (15) days
after receipt of said title report, and Owner shall have thirty (30) calendar
days thereafter in which to remove such exceptions. If such exceptions are not
removed within thirty (30) calendar days after receipt of said notice by Owner
from Optionee, Owner shall refund all option consideration previously paid, and
this option shall thereupon be of no further force or effect without further
Page 1 - OPTION WITH EXTENSION (\r\1503.twd)
right or recourse of any party hereto.
4. Extension. Optionee, at its election, and upon payment of an
additional $500.00 option consideration, which shall not be applicable to the
purchase price, may extend the option period through and including September 15,
1989, in the event that additional time is necessary to secure land use
approvals necessary to construct two water reservoirs on the site. In the event
of such extension, the exercise dates set forth in paragraph 2 above shall be
extended to September 15, 1989.
5. Testing, etc. During the term of this option, Optionee may enter upon
the premises for purposes of conducting survey, soil testing, boring, site
evaluation, etc. , provided that Optionee fully restores the premises to their
condition existing prior to conducting said tests. Optionee shall provide 24
hours' advance verbal notice to Owner prior to entering the property and shall
conduct such tests at such time of day and in such manner as to minimize
disturbance of Owner's tenant residing on the property. Optionee shall
indemnify and hold Owner harmless from and against any construction liens or
other liens or claims that may be filed or asserted against Owner or Owner's
interest in the property, by anyone arising out of the work performed by
Optionee, its contractors, agents or employees, or out of any other actions
taken by Optionee, its contractors, agents or employees, in connection with the
property.
6. Additional Closing Procedures. Closing of the transaction herein
described, if the option be exercised, shall be conducted through the escrow
facilities of Oregon Title Insurance Company.
(a) Real property taxes for the tax year then current at the time of
the exercise of the option shall be prorated between the parties as of the
date of closing. Rentals from tenants on the premises shall likewise be
prorated as of the date of closing.
(b) In connection with closing of this transaction, the Owner and
Optionee shall each bear one-half (1/2) the cost of escrow services,
recording fees, and any transfer fee that may be imposed by Washington
County.
(c) This option shall not be transferrable by Optionee except with
the prior written consent of Owner.
(d) This option during its continuance shall be and remain binding
upon the parties hereto, their heirs, personal representatives, successor
and assigns, if any.
(e) In the event Optionee exercises its option to purchase, as
further consideration for the purchase of the property, Optionee will
waive administrative and engineering fees of the Optionee in connection
with Owner's installation of 12" and 16" mains along S.W. Scholls Ferry
Road between Fern Street and the subject property, in the event said
water lines are installed by Owner. This covenant shall be personal
Page 2 - OPTION WITH EXTENSION (\r\1503.twd)
to Owner and not transferrable, except to either Owner, individually, or
to Owner's general contractor, in the event installation permits are
issued in the name of said general contractor.
(f) In the event the Optionee exercises this Option, Optionee
agrees that, upon completion of the required installation of the
water mains set forth in subparagraph 6 (e) hereof and in accordance
with Optionee's standards, Optionee will supply sufficient water
pressure to provide water service adequate to meet minimum requirements
for fire protection and domestic use in all buildings, and at the
greatest elevation of any of such buildings, developable under the
then-existing zoning regulations applicable to Tax Lots 2100, 2200,
2201, and 2204 of Section 5, T2S, R1W, Willamette Meridian, Washington
County. Nothing contained in this clause shall imply any obligation
on Optionee to install at its expense any water mains within the
boundaries of said Tax Lots 2100, 2201, 2204, and 2200.
(g) Optionee, as additional consideration for this agreement, grants
to Owner, its successors, assigns, contractors, employees and agents, the
right to enter upon all easements granted in favor of Optionee, necessary
for construction of the water mains described in subparagraph 6 (e) hereof.
7. Conveyances. Upon closing, Owner shall convey the premises by
warranty deed to Optionee, subject only to those encumbrances of record, if any,
accepted by Optionee prior to closing. The title conveyed shall be subject to
the rights of the existing tenant if still an occupant at time of closing.
Owner represents that tenancy is month-to-month, terminable on 30 days written
notice.
8. Title Insurance. Within thirty (30) days form the date of closing of
the sale, the Owner shall deliver to Optionee, at Owner's expense, a standard
owner's title insurance policy in the amount of $125,000.00.
9. Attorney's Fees. In the event suit or action shall be brought by
either of the parties hereto for the enforcement of any of the covenants or
conditions on the part of either of the parties to be kept or performed, the
prevailing party in such litigation shall be paid such sums as the Court may
adjudge reasonable as attorneys' fees to be allowed the prevailing party in
such litigation, including any appeal therein.
10. Statutory Disclaimer. THIS INSTRUMENT WILL NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS
AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
11. Removal of Storage Building. Owner reserves the right to remove from
the property, at any time through and including 60 days after closing, a small
storage building on skids located on the property. In the event such removal
occurs after closing, Owner will provide Optionee 24 hours' advance, verbal
notice of Owner's intent to come upon the property and remove the building.
Page 3 - OPTION WITH EXTENSION (\r\1503.twd)
12. The Optionee acknowledges that the main to be constructed pursuant to
subparagraph 6 (e) above by Owner is an extension of a water main subject to the
provisions of ORS 264.320 and Section 16 of Optionee's published rules and
regulations. The Optionee will conform to the requirements of that statute.
13. Owner agrees that to use the property described on Exhibit A, as
contemplated, Optionee needs additional street access to the premises from and
across the property abutting the West property line of the premises described on
Exhibit A, street access through Tax Lot 2100, Section 5, T2S R1W, W.M.,
Washington County, Oregon. Owner agrees that Owner will obtain, prior to
closing, and deliver at closing, the recordable agreement of the owners of said
Tax Lot 2100 to provide to District for the benefit of the property described on
Exhibit A, an easement for ingress, egress, and all utility purposes on, over,
across, under and through the private streets and roads to be developed on Tax
Lot 2100, and to provide an easement not less than 50 feet in width for road and
utility purposes from said streets and roads to the west property line of the
premises described on Exhibit A, thereby providing by such easements access to
and from the property described on Exhibit A to and from Scholls Ferry Road.
The Optionee will pay the cost of construction of the road from the streets
developed on Tax Lot 2100 to the west line of the property described on Exhibit
A.
IN WITNESS WHEREOF, the Owner has hereunto set their hand and seal, and
Optionee has signed this option on the date appearing opposite the signature in
each instance.
This option shall become effective upon approval thereof by the Board of
Commissioners of the Tigard Water District and payment of the sum of $1000.00
option consideration by Tigard Water District to Owner not later than April 14,
1989.
2C-' -cc"/1--. DATE: 1 , =�L� 64/Y
GLEN L. WILCOX, //Owner
�'-' & C DATE: �f // i.,.�.y
4
LO RAINE WILCOX, Owner
TIGARD WATER DISTRICT, Optionee a�
BY: (/` c�!`'�! C ' G � �ii DATE: (/ �i n /n 1/ (
Robert C. Bledsoe
TITLE: Chairman. Board of Commissioners
(\r\1503.twd)
Page 4 - OPTION WITH EXTENSION (\r\1503.twd)
•
•
•
•
•
•
1-Aa' GOT 406i .m4 P • S I S 2W3 •
•
_ . , Grantor,
conveys to GLEN L. WILCOX and LORRAINE WILCOX, husband and wife
Grantee,
• z the following described real property in the County of Washington and State of Oregon;
soA tract of land in Seciton 5, Township 2 South, Range 1 West, of the •
Willamette Meridian, in the County of Washington and State of Oregon,
0 being a portion of that tract conveyed to Hjalmar Hvarn, et ux, by Deed
� Jz. reocrded June 6, 1945 in Book 244, Page 497, Washington County Deedco
Records, said portion being more particularly described as follows:
c_ •-- " COMMENCING at an iron pipe at the quarter corner between Sections 5 and 8, �.
o a Township 2 South, Range 1 West, of the Willamette Meridian; and running
�i3 thence North 0048' East, 931.4 feet to an iron pipe which is the true • in
`= a ;' point of beginning on the herein described property; thence South 89°12 '
is-!--Vo. East . 624 .8 feet to a point (which point is 20 feet West from an iron
•
spring leaf) ; thence South 10 feet to a point ; thence North 88°44 ' East,
1..• = i- 400.3 feet to a point in the center of a 40 foot dedicated road dedicated
17: /:: to the public by A.S. Pattullo and wife, by Deed recorded on Page 81 in
Book 147, Washington County Deed Records ; thence Northerly and tracing
`'u the center of said dedicated road, a distance of 10 feet; thence South
,> . V 88°44 ' West (and passing at 20 feet an iron pipe) , a distance of 380.3
tal
o .-2 %' feet to an iron spring leaf; thence North 0048T East, 615.64 feet to a
Jsa
ta '( j point; thence North 89°12' West, 420.08 feet to a point; thence North 350
-"n feet, more or less , to a point on the North line of the aforementioned Hvam
z • tract; thence Westerly along said North line, 224 feet to an iron pipe;
9- thence South 0048 ' West, 965.64 feet to a true point of beginning.
-' jiliNg*KetifiXaMIMMIXXaMifairilaMiXEXOEPAX TOGETHER WITH an Easement dated September
I, 1987, recorded September 2 , 1987 as Fee No. 87045193
•
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