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90-37373 ~ 150th Avenue 90- 37373 r. AMER / iS cy Washington County •L STATUTORY WARRANTY DEED P.C. DEVELOPMENT. INC. . AN OREGON CORPORATION • ,Grantor, conveys and warrants to TIGARD WATER DISTRICT , Grantee, ti the following described real property free of liens and encumbrances,except as specifically set forth herein: FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. tJ This property is free of liens and encumbrances,EXCEPT: Statutory powers of Unified Sewerage Agency. S oa 0 0 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 m THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. g 2 r The true consideration for this conveyance is $ 66.010.00 (Here comply with the requirements of ORS 93.030) dttle-i(`� Dated this �� day of19 9U . 15 c z P.C. DEVELOPMENT, INC. A4f ?.A by: STATE OFRR,,EEGO�N,V County of t/a.o.lr,csty r }ss. On this 113 day of U , 19 _, before me appeared R . r no-fig/y.4_ d both to me personally known, who being duly sworn, did say that he, the said is the President, and he, the said is the Secretary of C the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and and ,zcknowledge said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal toe day and year last above written. y q�q _..,,... 4 NotarkPubliut for Oregon. My Co!A t �ar�i'dr�iir sUE; My Commission Expires 64--c5y_. - Title Order No. 11372673 Escrow No. 9090359A THIS SPACE RESERVED FOR RECORDER'S USE After recording return to: ATTN: JOHN MILLER TIGARD WATER DISTRICT P-n Rn-sr 1(1000 Tigard nrPnn 97273 Name,Address,Zip Until a change is requested all tax statements shall be sent to the following address. TIGARD WATER DISTRICT P n Rnsr 91nnnn Tinard, Oregon 97223 Name,Address,Zip 1�L . L 1.4. .. 1 rl, a 1•. "v2'":... _ _ - f >, 4611 • 164"..4,414 LEGAL DESCRIPTION • i .' IBIT "A" PHASE En WOODEtiE July 11, 1990 A parcel of land in the S.E. Quarter of Section 8, T.2S., R11W., W. I., Washington County, Oregon, being gore particularly described as follows: Commencing fit the southeast corner of.aid Section 8; thence N.00°06'38"W., 670.16 feet along the east line of said Sactil.n. to the northeast corner of that tract conveyed to Bert G. Brockway, et ux,by Deed Recorded in Book 304, ?age 490,Deed Records;thence S.89°55'2?"W, 1300.00 feet, parallel to the eouttt line of Sections 8, to the TraTE POINT O1 BEGINNING; thence N.U0106'3844V,, 352.32 feet; thence N.89'58'19''E., 186.79 feet; thence S,49'26'49"E., 85.65 feet; thence S,0Q°0,1'33"E., 104.39 feet; thence S.89°55'2?"W., 15.22 feet; thence S.00°04'33°W., 11.00 feet; thence N.89°55`27"E., 69.09 feet; thence along the arc of a nontaugent curve (the radius point of which bears 5.18°59'18"E., 52.00 feet) through a central angle of 22°i0'3O", a distance of 20.13 feet (chord bears S.00'04'3311., 20.00 feet); thence 8.89°55'27*W., 59.09 feet; thence S,00°04'33"E., 161.00 feet; thence S,89"56'27"W., 236.3.5 feet to the Point of Beginning. Contains 1.96 ares, more or leas. . STATE OF OREGON County of Washington SS I,Donald W.Mason,Director of Assessment and Taxation and .4x-Qftictd,,Recorder of Con- veyance: for said-Count,,,.,do?fetet y certify that the within instrument of` f was received and recorded in'book of:recoi is Qt'said county. C*natif:'UV:";Mason;;Director of Asset .et d;taxation, Ex- Ofntio Courtty'Qferk Doc : 9003 7373 Rect.: 36721 38. 00 07/16/1990 04 : 01 : 17PM 2804MarAet.4.(g/ . .. •f ., . . ? . C., t_•;;.., ; 1 . ; 1 •' i;•' ';'• 1 , .• ,,- ;., , . . i.•; fr i 4 4 .,, , r.„:, i! ,....,1..:, . . , . ,...- „c65-%-, 1 1 . :r... :!I I 4 ku 0 ! . .,•:!!?? , .,! t ., I ii I t I i7 I . ' .. ,f ...., C , _ . 1 - . . ! I ! . I ., --7, .1 i ! -T. 4 1 1 ' • il I 4''•‘' 1` r - , - . ,. . ... . . = i 7.1 . , r - rLakT -re) c Nikit, ".= I r3=55 E.W ri-.;;;4,-41 4ffy R.,..„77.*C".4%.40-„,7__-NIV.---7,. . ;•77_T. it 7-,-: tI,t -,77- 1 Firi..46 e. al. Vvor,.,E,i4Lia. OPTION KNOW ALL MEN BY THESE PRESENTS, that HERITAGE DEVELOPMENT CO., hereinafter called "Owner", in consideration of the sum of FIVE HUNDRED DOLLARS ($500.00) , 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 June 30, 1990, 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 June 30, 1990, in the manner hereinafter provided, the agreed purchase price shall be the sum of SIXTY FIVE THOUSAND DOLLARS ($65,000.00) , (including the $500 initial option consideration) to be paid as hereinafter set forth. 2. Basic Option. This option shall be exercised, if at all, not later than June 30, 1990, in the following manner: (a) Written notice delivered in hand or posted to be received by Owner, c/o Robert N. McDougald, President, at 16850 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, not later than 5:00 p.m., June 30, 1990. (b) Optionee shall deposit in escrow with FidolityNct'_o a Title Insurance Company, not later than 5:00 p.m. , June 30, 1990, the sum of SIXTY FIVE THOUSAND DOLLARS ($65,000.00) less the $500 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 as herein required, this option shall be of no further force and effect after June 30, 1990, and Owner shall retain the option consideration. Page 1 - OPTION (\r\1503.twd) 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 Fidelity National 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 streets, roads and highways. Owner covenants not to encumber its 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 Owner's president, Robert N. McDougald, at 16850 S.W. Upper Boones Ferry Road, Tigard, Oregon 97224, within ten (10) days after receipt of said title report, and Owner shall have twenty (20) calendar days thereafter in which to remove such exceptions. If such exceptions are not removed within twenty (20) 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 right or recourse of any party hereto. 4. Owner and Optionee understand that Owner itself has an option or other right to purchase the premises described on Exhibit A as part of a larger tract of land, which must be exercised and the premises purchased by Owner, to enable Owner to carry out this option, if exercised by Optionee. Optionee will cooperate to the extent practicable to make closing of this option, if exercised, simultaneous with Owner's closing of the purchase of the entire larger tract. If for any reason Owner does not close and does not purchase the tract hereby optioned to Optionee, Optionee shall be entitled to a refund of the Page 2 - OPTION (\r\1503.twd) option consideration paid and any purchase funds deposited on exercise of this purchase option. 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. 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. Owner shall secure from Owner's vendor such consents and permission as may be required to enable Optionee to make the tests and site evaluations described in this section. 6. Additional Closing Procedures. Closing of the transaction herein described, if the option be exercised, shall be conducted through the escrow facilities of Fidelity National 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. (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.. -r v."A'4 !?c ks ' ,_,;,• �, c l _Ji aC• vim, ;;,s ,T C_ sr, 5'u►� (d) This option during its continuance shall be and remain binding upon the parties hereto, their heirs, personal representatives, successors and assigns, if any. Page 3 - OPTION (\r\1503.twd) 7. Legal Description of Parcel to be Conveyed. Owner's surveyors and engineers shall prepare a legal description for the premises to be conveyed with all property corners duly monumented. The dimensions of the parcel as so described and monumented must be acceptable to Optionee as so described, for use for Optionee's contemplated water reservoir. 8. 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. 9. Title Insurance. Within twenty (20) days from 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 $65,000.00. 10. Attorney's Fees. In the event suit or action which 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 therefrom. 11. 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. 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. Page 4 - OPTION (\r\1503.twd) This option shall become effective upon approval thereof by the Board of Commissioners of the Tigard Water District and payment of the sum of $500.00 option consideration by Tigard Water District to Owner not later than March /11 , 1990. OWNER: HERITAGE DEVELOPMENT By: F� / J. ,/f�r;' "' .'`-4f DATE: .1 70 Title: i_Cy' 2-,--- ---/1- OPTIONEE: TIGARD WATER RDDISTRICT �� By „ �. .�r'ee'' DATE: �, ---,e...5.--.749 Title: ____ t,.,u4i,77 Page 5 - OPTION (\r\1503.twd) EXHIBIT A The parcel covered by this Option is to be a parcel of land located in the Southwest corner of that tract of land known as Tax Lot 1000, Washington County Assessor's Map 2S18, and more particularly described in deed of record recorded on May 8, 1973, Book 923, Page 437-38. The parcel optioned is to contain approximately 1.9227 acres (83,752 square feet) and to have the dimensions approximately as shown on the attached yellow outlined portion of the preliminary plat prepared for Owner by OTAK planners, engineers, and surveyors. If the Option is exercised, the parcel purchased will include what is shown as Lots 47, 48, 49, 50, 51 and 52, and the street and cul- de-sac depicted thereon, undedicated and unimproved. Optionee will access said site from S.W. 150th Avenue, unless the Washington County Planning Department precludes such access, in which event Owner will provide access to the site from an interior street within the subdivision owner proposes for the remainder of its property. EXHIBIT A ....., • ,. _: ,,,,-;!A-,, .:,,,,,:i-,•„,.. -s1,-,t--;:i..,),..4, • \ t ,. . , ......1......,......\ ,, ..,. { k • \c4N • 4 3 �'�7,2°U 1y C 2 �` �� 41 , (iio 0 1 5- 0000 �� ', �. • t q Q •� 4...;;;;4, ' 008 . r \ �3 p�10� ;a e:'$.-',$' 1, S 5 � , a P' 0 55 © . 55 0 '4 40 . 0 5 p�LCr t• 54 1 = • o S p C9. #d . t �' Y` `��V' `,� 2 w 1,i _qty .7. Nat' 4^" �: \ !a O aG� " fir•"y �.. �� • 44 '"' �y 0 45 �� ' >.� ren �y; 4�. 46 t `�f -.1,-„,„-- -, .a a -. - - Kt...-4-� ;,. 1 `\1 fj�jJ g ' 1�J Poo ,Q•••'': , k _ 3 <x �' _„,„ ,,x U IN� �j�j w• ° Y, `y r •r. j1/1//� x e . • , - -• ,S(3-\ \A(A.,,A.I.j t ti, c?-krIrt1— �i�J r ���/ /} CX/ \ ,. ,-..„.,...i .>