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5114 ~ 132nd Avenue 5114 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS , That TIGARD WATER DISTRICT, a municipal corporation, "Grantor, " does grant, bargain, sell, and convey unto WALTER R. VAUGHN and ROSE VAUGHN, husband and wife, and their heirs and assigns, all the following real prop- erty, with the tenements, hereditaments, and appurtenances , situ- ated in the County of Washington, State of Oregon, bounded and described as follows : Beginning at a point which is on the south boundary line of the southwest quarter of the northeast quarter of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, 350 feet west of the southeast corner of said southwest quarter of the northeast quarter of Section 4 , Township 2 South, Range 1 West, of the Willamette Meridian; thence wester- ly 30 feet on the south boundary line of the southwest quarter of the northeast quarter of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian; thence northerly parallel with the east boundary line of the southwest quarter of the northeast quarter of Section 4, Township 2 South, Range 1 West, of the Wil- lamette Meridian, 25 feet; thence easterly parallel with the south boundary line of the southwest quarter of the northeast quarter of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian, 25 feet, more or less, to the west boundary line of the new road (known as S. W. 132nd Avenue) ; thence southeasterly along the west boundary of the said new road to the point of beginning. The true and actual consideration for this transfer is other real property. To have and to hold the above-described and granted premises unto the Grantees, and their heirs and assigns forever. Done by order of the Board of Directors, with the seal of said corporation, October , 1970. TIGARD,WATER DISTRICT( / / '41L . I)) • / / • (Title) -• 1 BY // '4 e- r % J 4 / (Title) STATE OF OREGON ) ss. County of Washington) October / 3 , 1970 Personally appeared R. MARTIN JOHNSON and R. VERNE WHEELWRIGHT , who, being sworn, each for himself , stated that the former is the Chairman and the lat- ter is the Secretary of grantor corporation, and that this instrument was voluntarily signed in behalf of the .Cornoration by authority of its B ard of Directorn— before me : ff6T.iii-faffd-f6r-oregon My Commission Expires: 1 // / / J y4/ Ade 70 Piled ler record 19 et PMrecord .. / Fk, ROGER THOMSSEN, Dire77ctoroft,()Recerds & OOK 800 PAGE DO titr • At"12Anril - RECORD OF SURVEY FOR TIGARD WATER DISTRICT IN THE NORTHEAST QUARTER OF SECTION 4, T2S, RIW, W.M., WASHINGTON COUNTY, OREGON JUNE 26, 1987 SCALE I" = 50' • FOUND 5/8" IRON ROD UNLESS OTHERWISE NOTED O SET 5/8" X 30" IRON ROD W/ YELLOW PLASTIC CAP "SUMMERS PLS 1042" ( DEED 1 NARRATIVE THE PURPOSE OF THIS SURVEY WAS TO SET THE DEED CORNERS OF 800/101 WHICH APPEARS TO HAVE BEEN DESCRIBED FROM CS 12,128. I HELD COUNTY SURVEYS 6397, 12,128 AND 15,875 TO T CONTROL THE SOUTH AND EAST LINES (NOTE NO ATTEMPT WAS MADE TO LOCATE THE TRUE z ALIGNMENT OF S.W. 132nd AVENUE) AS SHOWN. I THEN HELD DEED (800/101) DISTANCE TO SET 0 a MONUMENTS AS NOTED. 0% 7L to 2G N 88'07'15" E 24.95 CORNER FALLS IN GREEN HOUSE Thi • N� N 1'52'45" W 3/4" I.P. 25.00 33.89 cr 42.70 3/4" 1.P _ _177.45 _ _ _ –. - - — N88'07'15" E rN 22'44'40" W 32.54 N 21'2910" W 30.75 44.00 I IY4" IP. 164.85 — — __ ----14\ 'I I I/4" LP. DESTROYED 311.3 PER CS 6397 -- f AT ao' I SW 1/4 NE 1/4 SECTION 4 J N 89'43'30" E B ASIS OF B-ARINGS PER CS 6397 CS 6397 L 15,875 20 1 20 • N 1I6I$T1118 1 - PROFESSIONAL Li ti4 .404/ 1041 SURVEf?OR PREPARED BY JOHNNIE M. SUMMERS P.L.S. INC. 840 N.E. 5th. Ave. Dr. IGOM OR : HILLSBORO, OREGON 97124 1OHWNIE M. SU Mils (503) 648-2019 • • • T / /� I ate ec* • 425 S.W. Fourth Avenue/ Portland, Oregon WASHINGTON COUNTY OFFICE Phone 222-3651 526 N CANYON ROAD • BEAVERTON, OREGON TELEPHONE 646-8181 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy No. 317897 Premium $25.00 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 hereof over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. all subject, however, to 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 '-�" ,N\,\\` �I CF �1 TITLE INSURANCE COMPANY �RAN /� . • • / • : OFtPORgr ?gyp 11 By yzcorid �/ President -� g� :G �.� lc� , Attest: ,s7;2C Authorized Officer : ••�� r PAGE 1 OF POLICY / • Secretary �� REV.7-63 TI-21 1+11,`0••..eG ...•1\\\ to iJ • SCHEDULE A Amount $1, 000.00 Date November 24, 1970 At 3 :30 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 portion of that certain tract of land in the Southwest quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, con- veyed to Harry B. Hampton, et ux, by deed recorded in Book 437, Page 66, Washington County, Oregon Deed Records, said portion being more particularly described as follows: Beginning at an iron rod on the Westerly line of S. W. 132nd Avenue, which bears South 89°43'30" West 351.30 feet and North 21°33 ' West 30.61 feet from the Southeast corner of the Southwest quarter of the Northeast quarter of said Section 4, and running thence South 88°01' West 33.89 feet to a point ; thence North 01°59' West 25.00 feet to a point ; thence North 88°01' East 25.00 feet to a point on the Westerly line of said Avenue ; thence along said Westerly line South 21°33' East 26.53 feet to the place of beginning.--- PAGE 2 OF POLICY NO. 317897 TI 28 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. Page 3 of Policy No. 317897 TI-30 OREGON LAND TITLE ASSOCIATIiN STANDARD COVERAGE'POL ICV REV.4-63 CONDITIONS AND STIPULATIONS ' (Includes those in the American Land Title Association-Owner's Policy—Standard Form B-1962) 1. DEFINITION OF TERMS6. 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 the name of the Insured any claim insured against or to pay the full amount of this (a) "land": the land described, specifically or by reference, in Schedule A and 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 Corn. may be imputed to the Insured by reason of any public records; party 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; ■nd 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 :th 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 shall be furnished to the satisfaction of the Company; provided, however, if the 'This 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 S. 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 mens subsequent to the date of this policy, and only in that event, the Insured this policy; or '3) resulting in no loss to the Insured Claimant; or (4) attaching becomes a coinsurer to the extent hereinafter set forth. or created subsequent to the date hereof. If the cost of the improvement exceeds twenty 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 to the sum of the amount of this policy and the amount expended for the improve- (f) Usury or claims of usury. ment. 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 (g) "Consumer credit protection," "truth-in-lending," or similar law. proceedings, in behalf.of the Insured pursuant to the terms of this policy or to 4. DEFENSE AND PROSECUTION OF ACTIONS — costs imposed on the Is ured in scued acin the g regal proceedings, and of apply only of NOTICE OF CLAIM TO BE GIVEN BY THE INSURED to thatpportion of losses which exceed in the aggregate ten per cent of the face of the policy. (a) The Company, at its own cost and without undue delay shall provide (1) Provided, however, that the foregoing coinsurance provisions shall not apply for the defense of the Insured in all litigation consisting of actions or proceedings to any loss arising out of a lien or encumbrance for a liquidated amount which commenced against the Insured, or defenses, restraining orders, or injunctions inter- existed on the date of this policy and was not shown in Schedule B; and provided posed against a foreclosure or sale of the mortgage and indebtedness covered by further, such coinsurance provisions shall not apply to any loss if, at the time of this oolicy or a sale of the estate or interest in said land, or (2) for such action as the occurance of such loss, the then value of the premises, as so improved, does may be appropriate to establish the title of the estate or interest or the lien of the not exceed one hundred twenty per centum of the amount of this policy. mortgage as insured, which litigation or action in any of such events is founded (b) If the land described or referred to in Schedule A is divisible into separate upon an alleged defect, lien or encumbrance insured against by this policy, and may and noncontiguous parcels, or if contiguous and such parcels are not used as one pursue any litigation to final determination in the court of last resort. single site, and a loss is established affecting one or more of said parcels but not (b) In case any such action or proceeding shall be begun, or defense inter- all, the loss shall be computed and settled on a pro rata basis as if the face amount posed, or in case knowledge shall come to the Insured of any claim of title or of this policy was divided pro rata as to the value on the date of this policy of each interest which is adverse to the title of the estate or interest or lien of the mortgage separate independent parcel to the whole, exclusive of any i provements ode as insured, or which might cause loss or damage for which the Company shall or subsequent to the date of this policy, unless a liability or value has otherwise been may be liable by virtue of this policy, or if the Insured shall in good faith con- agreed upon as to each such parcel by the Company and the Insured at the time of tract to sell the indebtedness secured by a mortgage covered by this policy, or, if the issuance of this policy and shown by an express statement herein or by an an Insured in d faith leases or contracts to sell, lease or mortgage the same, or endorsement attached hereto. if the successful bidder at a foreclosure sale under a mortgage covered by this policy 10. SUBROGATION UPON PAYMENT OR SETTLEMENT refuses to purchase and in any such event the title to said estate or interest-is re- Whenever the Company shall have settled a claim under this policy, all right jected as unmarketable, the Insured shall notify the Company thereof in writing. of subrogation shall vest in the Company unaffected by any act of the Insured, If such notice shall not be given to the Company within ten days of the receipt of and it shall be subrogated to and be entitled to all rights and remedies which the process or pleadings or if the Insured shall not, in writing, promptly notify the Insured would have had against any person or property in respect to such claim Company of any defect, lien or encumbrance insured against which shall come to had this policy not been issued. If the payment does not cover the loss of the In- the knowledge of the Insured, or if the Insured shall not in writing, promptly notify sured, the Company shall be subrogated to such rights and remedies in the propor- the Company of any such rejection by reason of claimed unmarketability of title,then tion which said payment bears to the amount of said loss. If loss should result from all liability of the Company in regard to the subject matter of such action, pro- any act of the Insured, such act shall not void this policy, but the Company, in reeding or matter shall cease and terminate; provided,however, that failure to notify that event, shall be required to pay only that part of any losses insured against shall in no case prejudice the claim of any Insured unless the Company shall be hereunder which shall exceed the amount, if any; lost to the Company by reason actually prejudiced by such failure and then only to the extent of such prejudice. of the impairment of the right of subrogation. The Insured, if requested by the (c) The Company shall have the right at its own cost to institute and prosecute Company, shall transfer to the Company all rgihts and remedies against any person any action or proceeding or do any other act which in its opinion may be necessary or property necessary in order to perfect such right of subrogation, and shall permit or desirable to establish the title of the estate or interest or the lien of the mortgage the Company to use the name of the Insured in any transaction or litigation involving as insured; and the Company may take any appropriate'action under the terms of such rights or remedies. this policy whether or not it shall be liable thereunder and shall not thereby concede If the Insured is the owner of the indebtedness secured by a mortgage covered liability or waive any provision of this policy. by this policy, such Insured may release or substitute the personal liability of any (d) In all cases where this policy permits or requires the Company to prosecute debtor or guarantor, or extend or otherwise modify the terms of payment, or release or provide for the defense of any action or proceeding, the Insured shall secure to a portion of the estate or interest from the lien of the mortgage, or release any it the right to so prosecute or provide defense in such action or proceeding, and collateral security for the indebtedness, provided such act does not result in any all appeals therein, and permit it to use, at its option, the name of the Insured for loss of priority of the lien of the mortgage. such purpose. Whenever requested by the Company the Insured shall give the 11. POLICY ENTIRE CONTRACT Company all reasonable aid in any such action or proceeding, in effecting settle- Any action or actions or rights of action that the Insured may have or may bring ment, securing evidence, obtaining witnesses, or prosecuting or defending such against the Company arising out of the status of the lien of the mortgage covered action or proceeding, and the Company shall reimburse the Insured for any expense by this policy or the title of the estate or interest insured herein must be based on so incurred. the provisions of this policy. 5. NOTICE OF LOSS— LIMITATION OF ACTION No provision 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, In addition to the notices required under paragraph 4(b),a statement in writing the Secretary, and Assistant Secretary or other validating officer of the Company.