11051 ~ Murdock FORM t'e. 744—IARGAIN AND SALE DEED—Corporation. litaink .q 1 0 5 1 11,1116.444-NESS LAW PUB.CO.,PORTLAND,ORE.
i
5C In LE INSURANCE COMPANY .
KNOW ALL MEN BY THESE PRESENTS, that PRESBYTERY OF PORTLAND
a corporation duly organized
and existing under the laws of the State of Oregon , hereinafter called grantor,
in consideration of Ten and no/100 _- - Dollars
and other valuable consideration
to grantor paid, does hereby grant, bargain, sell and convey unto TIGARD WATER DISTRICT,
a municipal corporation , hereinafter called grantee
and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments
and appurtenances thereunto belonging or appertaining, situated in the County of ._Washington ,
and State of Oregon, described as follows, to-wit:
A tract of land situated in Section 11, Township 2 South, Range 1 West
of the Willamette Meridian and being a part of Lot 6, TIGARDVILLE
HEIGHTS, Record of Townplats, Washington County, Oregon, being
more particularly described as follows:
O
(''o Beginning at the northwest corner of said Lot 6, which northwest
cl corner is also the southwest corner of that certain tract of land con-
veyed to the Tigard Water District as recorded in Book 276, page 659,
ej Deed Records, Washington County, Oregon. From said place of be-
ginning thence north 89° 36' east along the northerly boundary of said
Lot 6, 214. 00 feet to an iron rod; thence leaving said northerly bound-
ary of said Lot 6, south 1 * 19' west 52. 8 feet to an iron rod; thence
south 89° 36' west parallel with said northerly boundary of Lot 6,
214. 00 feet to the westerly boundary of said Lot 6; thence north 1 ° 19'
east 52. 8 feet to the place of beginning.
•
To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns
forever.
In construing this deed the singular includes the plural as the circumstances may require.
Done by order of the grantor's board of d'r ctors, with its corporate seal attached,
this /7irk-day of October , 1.967 .
(CORPORATE SEAL) PRESB TERY 0 POILAND
By , .1111141161.
��� .�" President
%. ,
B -l�' 01/ Secretary
(ORS 93.490)
y�
STATE OF OREGON, Countg ofd Mucl�tno - h ` ) ss. 0 ober /7 , 1967
1�
Personally appeared.- - ''� "A and----% ' a, .`---
who, being sworn, each for himself and not one for t e other, stated/ at the form is the_-444-‘41-
and
/'
(president or other officer)
and that the latter is theses of grantor corporation and that the seal affixed hereto is
(secrete or other officer)
its seal and that this deed was7untarily signed and seale ,in behalf of the corporation by authority of its
board of directors. 41A7
`7Before me:-- - f ' A4Wati?-',
(OFFICIAL SEAL) Notary Public for Oregon.
My commission expires_My.Commissiaf}-Expires-April-23i 1968
t°,1 Bargain and Sale Deed STATE OF OREGO4.',..e...e.-10114.,
ashington ss
Corporation IND ' 'a'
PRESBYTERY OF
I, Roger Thomssen, Director of Records and
PORTLAND Elections and Ex-Offico'Recorderof Conveyances
(DON'T USE THIS for said county, do hereby certify that the within
TO SPACE; RESERVED instrument of writing was received, and recorded/
4-1 FOR RECORDING in bock . � W 6 ,
In TIGARD WATER DISTRICT LABEL IN COUN-
TIES WHERE in the Records c‘f
USED.) of said County. '
'P...i O Witness my hand and seal affixed.-
WHEN RECORDED RETURN TO R ;# H SSEN, Director '
Kenneth W. Baines • 7 ,_' t :i.i t
505 Franklin Building ? Deputy
Tr Portland, Oregon 97204 OCT 30 3 26 PM U!
N
n
/sOQl( cm PAGE 4t.
•
SCHEDULE A
Amount $1,000.00 Date October 30, 1967 At 3:26 P.M.
INSURED
---TIGARD WATER DISTRICT---
The fee simple title to said land is, at the date hereof, vested in
TIGARD WATER DISTRICT, a Municipal Corporation.---
The land referred to in this policy is described as:
A tract of land situated in Section 11, Township 2 South, Range
1 West of the Willamette Meridian and being a part of Lot 6,
TIGARDVILLE HEIGHTS, Record of Townplats, Washington County,
Oregon being more particularly described as follows, to-wit:
Beginning at the Northwest corner of said Lot 6, which North-
west corner is also the Southwest corner of that certain Tract
of land conveyed to the Tigard Water District as recorded in
Book 276, Page 659, Deed Records, Washington County, Oregon.
From said place of beginning; thence North 89°36' East along the
Northerly boundary of said Lot 6, 214.00 feet to an iron rod;
thence leaving said Northerely boundary of said Lot 6, South 1°19'
West 52.8 feet to an iron rod; thence South 89°36' West parallel
with said Northerly boundary of Lot 6, 214.00 feet to the Westerly
boundary of said Lot 6; thence North 1°19' East 52.8 feet to the
place of beginning.---
PAGE 2 OF POLICY NO. 311619
T128
•
Oregon Land Title Association
Standard Coverage Policy
R 8-60
SCHEDULE B
This policy does not insure against loss 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 in Paragraphs numbered 4 and 5 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; pending pro-
ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance
or order therefor.
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, claims of easement or encumbrances 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. Rights of the public in and to that part of the herein described
premises lying within the boundaries of roads and highways. ---
Page 3 of Policy No.311619
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•• 425 S.W. Fourth Avenue/ Portland, Oregon
WASHINGTON COUNTY OFFICE Phone 222-3651
526 N.W. CANYON ROAD • BEAVERTON, OREGON
TELEPHONE 646-8181
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No. 311619 Premium $ 2 5.00
TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here-
inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date,
and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
the heirs, devisees, personal representatives of such Insured,or if a corporation, its successors by dissolution, merger
or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu-
lations hereof, which the Insured shall sustain by reason of:
1. Title to the land described in Schedule A being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. 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 Conditions and
Stipulations; or
4. 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
5. Priority, at the date heerof, 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 SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which
are hereby made a part of this policy.
In witness whereof, 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 of the corporation.
Countersigned :_`xxx�xxx�xxNC11 TITLE INSURANCE COMPANY
vRAF h �/
x**. 0 BYY41 •
•
/ / • • I
:44 .•' oRPORgT �•'O / President
-4011111-1 Authorized Officer
T �•• • Z % Attest: j
•'
PAGE 1 OF POLICY •••• Secretary
REV.7-63 dvt
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TI-21 r#4ki l\\ G 0�`` =
OREGON LAND TITLE ASSOCIATION -
STANDARD COVERAGE POLICY
REV.4.63 CONDITIONS AND STIPULATIONS
(Includes those in the American Land Title Association-Owner's Policy—Standard Form 8-1962)
I. DEFINITION OF TERMS 6. OPTION TO PAY,SETTLE OR COMPROMISE CLAIMS
The following terms when used in this policy mean: The Company shall have the option to pay or settle or compromise for or in
"land": the land described, specifically orreference, in Schedule A and the name of the Insured any claim insured against or to pay the full amount of this
(a) P Yby policy,or,in case loss is claimed under this policy by the owner of the indebtedness
improvements affixed thereto which by law constitute real property; secured by a mortgage covered by this policy, the Company shall have the option
(b) "public records": those records which impart constructive notice of matters to purchase said indebtedness; such purchase, payment or tender of payment of the
relating to said land; full amount of this policy, together with all costs, attorney's fees and expenses which
(c) "knowledge": actual knowledge, not constructive knowledge or notice which the Company is obligated hereunder to pay, shall terminate all liability of the Com-
may be imputed to the Insured by reason of any public records; pony hereunder. In the event, after notice of claim has been given to the Company
by the Insured, the Company offers to purchase said indebtedness, the owner of
(d) "date": the effective date; such indebtedness shall transfer and assign said indebtedness and the mortgage
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- securing the same to the Company upon payment of the purchase price.
ment; and 7. PAYMENT OF LOSS
(f) "insured": the party or parties named as Insured, and if the owner of the (a) The liability of the Company under this policy shall in no case exceed, in
indebtedness secured by a mortgage shown in Schedule B is named as an Insured all, the actual loss of the Insured and costs and attorney's fees which the Company
in Schedule A, the Insured shall include (1) each successor in interest in ownership may be obligated hereunder to pay.
of such indebtedness, (2) any such owner who acquires the estate or interest referred (b) The Company will pay, in addition to any loss insured against by this
to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction policy, all costs imposed upon the Insured in litigation carried on by the Company
of said indebtedness, and (3) any federal agency or instrumentality which is an for the Insured, and all costs and attorney's fees in litigation carried on by the
insurer or guarantor under an insurance contract or guaranty insuring or guarantee- Insured with the written authorization of the Company.
ing said indebtedness, or any part thereof, whether named as an Insured herein or (c) No claim for damages shall arise or be maintainable under this policy (1)
not, subject otherwise to the provisions hereof. if the Company, after having received notice of an alleged defect, lien or encum-
2. BENEFITS AFTER ACQUISITION OF TITLE brance not excepted or excluded herein removes such defect, lien or encumbrance
within a reasonable time after receipt of such notice, or (2) for liability voluntarily
If an insured owner of the indebtedness secured by a mortgage described in assumed by the Insured in settling any claim or suit without written consent of the
Schedule B acquires said estate or interest, or any part thereof, by foreclosure, Company, or (3) in the event the title is rejected as unmarketable because of a
trustee's sale, or other legal manner in satisfaction of said indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has
part thereof, or if a federal agency or instrumentality acquires said estate or interest, been a final determination by a court of competent jurisdiction sustaining such
or any part thereof, as a consequence of an insurance contract or guaranty insuring rejection.
or guaranteeing the indebtedness secured by a mortgage covered by this policy, or (d) All payments under this policy, except payments made for costs, attorneys'
any part thereof, this policy shall continue in force in favor of such Insured, agency fees and expenses, shall reduce the amount of the insurance pro tanto and no pay-
or instrumentality, subject to all of the conditions and stipulations hereof. ment shall be made without producing this policy for endorsement of such payment
3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof of such loss or destruction
'Thisshall be furnished to the satisfaction of the Company; provided, however, if the
policy does not insure against loss or damage by reason of the following:
owner of an indebtedness secured by a mortgage shown in Schedule B is an In-
a) Any law, ordinance or governmental regulation (including but not limited sured herein then such payments shall not reduce pro tanto the amount of the
to building and zoning ordinances) restricting or regulating or prohibiting the insurance afforded hereunder as to such Insured, except to the extent that such
occupancy, use or enjoyment of the land, or regulating the character, dimensions, payments reduce the amount of the indebtedness secured by such mortgage. Pay-
or location of any improvement now or hereafter erected on said land,or prohibiting ment in full by any person or voluntary satisfaction or release by the Insured of a
a separation in ownership or a reduction in the dimensions or area of any lot or mortgage covered by this policy shall terminate all liability of the Company to the
parcel of land. insured owner of the indebtedness secured by such mortgage, except as provided in
(b) Governmental rights of police power or eminent domain unless notice of paragraph 2 hereof.
the exercise of such rights appears in the public records at the date hereof. (e) When liability has been definitely fixed in accordance with the conditions of
(c) Title to any property beyond the lines of the land expressly described in this policy the loss or damage shall be payable within thirty days thereafter.
Schedule A, or title to streets, roads, avenues, lanes, way or waterways on which 8• LIABILITY NONCUMULATIVE
such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other It is expressly understood that the amount of this policy is reduced by any
structure or improvement; or any rights or easements therein unless this policy amount the Company may pay under any policy insuring the validity or priority of
specifically provides that such property, rights or easements are insured, except that any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter
if the land abuts upon one or more physically open streets or highways this policy executed by the Insured which is a charge or lien on the estate or interest described
insures the ordinary rights of abutting owners for access to one of such streets or or referred to in Schedule A, and the amount so paid shall be deemed a payment to
highways, unless otherwise excepted or excluded herein. the Insured under this policy. The provisions of this paragraph numbered 8 shall
(d) Defects, liens, encumbrances, adverse claims against the title as insured or not apply to an Insured owner of an indebtedness secured by a mortgage shown
other matters (1) created, suffered, assumed or agreed to by the Insured claiming in Schedule B unless such Insured acquires title to said estate or interest in saris-
loss or damage; or (2) known to the Insured Claimant either at the date of this faction of said indebtedness or any part thereof.
policy or at the date such Insured Claimant acquired an estate or interest insured 9. COINSURANCE AND APPORTIONMENT
by this policy and not shown by the public records, unless disclosure thereof in (a) In the event that a partial loss-occurs after the Insured makes an improve-
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 becomes subsequentacoinsurerto the date extentof this policy, and onlyth. in that event, the Insured
or created subsequent to the date hereof. a cost
the t improvemento the hereinafter twenty set forth.
If the cost of exceeds per centum of the amount of this
(e) Loss or damage which would not have been sustained if the Insured were policy, such proportion only of any partial loss established shall be borne by the
a purchaser or encumbrancer for value without knowledge. Company as one hundred twenty per centum of the amount of this policy bears
4. DEFENSE AND PROSECUTION OF ACTIONS — to the sum of the amount of this policy and the amount expended for the improve-
NOTICE OF CLAIM TO BE GIVEN BY THE INSURED mens. The foregoing provisions shall not apply to costs and attorneys' fees in-
curred by the Company in prosecuting or providing for the defense of actions or
(a) The Company, at its own cost and without undue delay shall provide (1) proceedings, in behalf.of the Insured pursuant to the terms of this policy or to
for the defense of the Insured in all litigation consisting of actions or proceedings costs imposed on the Insured in such actions or proceedings, and shall apply only
commenced against the Insured, or defenses, restraining orders, or injunctions inter- to that portion of losses which exceed in the aggregate ten per cent of the face of
posed against a foreclosure or sale of the mortgage and indebtedness covered by the policy.
this policy or a sale of the estate or interest in said land; or (2) for such action as Provided, however, that the foregoing coinsurance provisions shall not apply
may be appropriate to establish the title of the estate or interest or the lien of the to any loss arising out of a lien or encumbrance for a liquidated amount which
mortgage as insured, which litigation or action in any of such events is founded existed on the date of this policy and was not shown in Schedule B; and provided
upon an alleged defect, lien or encumbrance insured against by this policy, and may further, such coinsurance provisions shall not apply to any loss if, at the time of
pursue any litigation to final determination in the court of last resort. the occurance of such loss, the then value of the premises, as so improved, does
(b) In case any such action or proceeding shall be begun, or defense inter- not exceed one hundred twenty per centum of the amount of this policy.
posed, or in case knowledge shall come to the Insured of any claim of title or (b) If the land described or referred to in Schedule A is divisible into separate
interest which is adverse to the title of the estate or interest or lien of the mortgage and noncontiguous parcels, or if contiguous and such parcels are not used as one
as insured, or which might cause loss or damage for which the Company shall or single site, and a loss is established affecting one or more of said parcels but not
may be liable by virtue of this policy, or if the Insured shall in good faith con- all,the loss shall be computed and settled on a pro rata basis as if the face amount
tract to sell the indebtedness secured by a mortgage covered by this policy, or, if of this policy was divided pro rata as to the value on the date of this policy of each
an Insured in wood faith leases or contracts to sell, lease or mortgage the same, or separate independent parcel to the whole, exclusive of any improvements made
if the successful bidder at a foreclosure sale under a mortgage covered by this policy subsequent to the date of this policy, unless a liability or value has otherwise been
refuses to purchase and in any such event the title to said estate or interest-is re- agreed upon as to each such parcel by the Company and the Insured at the time of
jected as unmarketable, the Insured shall notify the Company thereof in writing. the issuance of this policy and shown by an express statement herein or by an
If such notice shall not be given to the Company within ten days of the receipt of endorsement attached hereto.
process or pleadings or if the Insured shall not, in writing, promptly notify the 10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Company of any defect, lien or encumbrance insured against which shall come to Whenever the Company shall have settled a claim under this policy, all right
the knowledgeompyof the Insured, ioor if the Insured shall not in writing, promptly thenotify of subrogation shall vest in the Company unaffected by any act of the Insured,
the Company ofotheansuchm anrejy iregardy reason of ued unmmarketability of
fbiaction,f title,then and it shall be subrogated to and be entitled to all rights and remedies which the
all liabilityngora Company inemin to the subjectde , however,ethat suchfai pro- Insured would have had against any person or property in respect to such claim
shadingno matter prejudicehall ccese and terminate; provided,ed, l sthe Companyure to notify had this policy not been issued. If the payment does not cover the loss of the In-
actually
Inrcase bs the claim of any Insured top unless shallhabe sured, the Company shall be subrogated to such rights and remedies in the propor-
tion prejudiced by such failure and then only to the extent of such prejudice. fr
m
(c) The Company shall have the right at its own cost to institute and prosecute anye which saidtpayment subechrs
acttthe amount void said loss.o If loss should resultmy, in
act of the Insured,be fired shall not this any, but the Company, in
any action or proceeding or do any other act which in its opinion may be necessary that event, shall be required to pay only that part of any losses insured against
or desirable to establish the title of the estate or interest or the lien of the mortgage hereunder which shall exceed the amount, if any; lost to the Company by reason
as insured; and the Company may take any appropriate action under the terms of of the impairment of the right of subrogation. The Insured, if requested by the
this policy whether or not it shall be liable thereunder and shall not thereby concede Company, shall transfer to the Company all rgihts and remedies against any person
liability or waive any provision of this policy. or property necessary in order to perfect such right of subrogation, and shall permit
(d) In all cases where this policy permits or requires the Company to prosecute the Company to use the name of the Insured in any transaction or litigation involving
or provide for the defense of any action or proceeding, the Insured shall secure to such rights or remedies.
it the right to so prosecute or provide defense in such action or proceeding, and If the Insured is the owner of the indebtedness secured by a mortgage covered
all appeals therein, and permit it to use, at its option, the name of the Insured for by this policy, such Insured may release or substitute the personal liability of any
such purpose. Whenever requested by the Company the Insured shall give the debtor or guarantor, or extend or otherwise modify the terms of payment, or release
Company all reasonable aid in any such action or proceeding, in effecting settle- a portion of the estate or interest from the lien of the mortgage, or release any
meet, securing evidence, obtaining witnesses, or prosecuting or defending such collateral security for the indebtedness, provided such act does not result in any
action or proceeding, and the Company shall reimburse the Insured for any expense loss of priority of the lien of the mortgage.
so incurred. 11. POLICY ENTIRE CONTRACT
5. NOTICE OF LOSS— LIMITATION OF ACTION Any action or actions or rights of action that the Insured may have or may bring
In addition to the notices required under paragraph 4(b),a statement in writing byagainst the Company arising out of the status of the lien of the mortgage covered
of any loss or damage for which it is claimed the Company is liable under this h tpr policyoor the titlepof the estate or interest insured herein must be based on
t
policy shall be furnished to the Company within sixty days after such loss or damage the provisions of this polity.
No provision or condition of this policy can be waived or changed except by
shall have been determined and no right of action shall accrue to the Insured under writing endorsed hereon or attached hereto signed by the President,a Vice-President,
this policy until thirty days after such statement shall have been furnished, and no the Secretary, and Assistant Secretary or other validating officer of the Company.
recovery shall be had by the Insured under this policy unless action shall be com-
menced 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 All notices required to be given the Company and any statement in writing
time hereinbefore specified, shall be a conclusive bar against maintenance by the required to be furnished the Company shall be addressed to it at the office which
Insured of any action under this policy. issued this policy.
TI 12
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