81025311 ~ 135th Avenue 8 I 0 2 5 3 I I
• ,
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS, That JERRY M. BURGE, ROBERT W. BURGE,
1 BEVERLY ANN JEPSON, MARY KAY EATON and SHIRLEY SUE CHAMBERS, hereinafter called
of Grantors, for the consideration hereinafter stated, do hereby grant, bargain,
d
�
Is „; sell and convey unto TIGARD WATER DISTRICT, a municipal division of the State
iu
aD 0
:51 .4.1,1 of Oregon, hereinafter called Grantee, and unto Grantee's heirs, successors and
Eassigns all of that certain real property with the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining, situated in the
County of Washington, State ofOregon, described as follows, to-wit:111
See Amended Exhibit "A” attached hereto and by this reference
made a part hereof.
TO HAVE AND TO HOLD the same unto the said second party, and second party's
heirs, successors-in-interest and assigns forever.
The true and actual consideration paid for this transfer, stated in terms
of dollars, is $16,00¢.
DATED this / S day of _._A 1/ i4 , 1981.
//
r
O
# Jerry`l-.-- rge
ti STATE OF OREGON )
) ss. l•./ / , 1981
›. County of Washington )
r
h Personally appeared the above named Jerry M. Burge, and acknowledged the
ri
foregoing instrument to be his voluntary act and deed.
BEFORE ME: L-t \L.- s f i. L7..= a°3'1.1'.
Notary yublic for Oregon
My Comthission Expires: :)/./..) .7)/4 17!_.
, /
,l >
Robert W. Burge /
Washington
STATE OF OX1XfX )
Clark ) ss. July 1 _ , 1981
County of WAAK X.X )
Personally appeared the above named Robert W. Burge, and acknowledged the
foregoing instrument to be his voluntary act deed.
BEFORE ME: f2:��/' a-ct�L� .-=r1i
Notary PuMlic for" j�; QXi Wa ington
My Commission Expires: 2-15-85
a~
C_'<.., '--7/(--ed C-Z z,f'7i` � � - s�•',
Beverly Ann Json
STATE OF 77,,,,,e c 'cc -�A....- ) .
`' ) ss. ,/ , 1981.
County of !X,I yi_,A„10
i
Personally appeared the above named Beverly Ann Jepson, and acknowledged the
foregoing instrument to be her voluntary act an ed. p
a.„klicir.;
BEFORE ME:
GLJ,I' -'r71.\."': . ,l ., TT
Notary P'bllcoz; . , ;� I
My Comid scion. xpiires:
My Commission Expires Feb. 5, 1984
\Mai,. .141.
Mary Kay6—aton 0
STATE OF 0 '4 )
U 9..„> A, ,4„....„d,/ ss. / , 1981.
County of , // #sr , ) /
ii
Personally appeared the above named Mary Kay Eaton, and acknowledged the
foregoing instrument to be her voluntary act and deed.
BEFORE ME: (__e.7a.,.. _ ° \..c. , ),-.rL
Notary Public or
My Commission Expires: '-:-.'1 _ i ::.3 7'S
Shirley e C amb rs
7
STATE OF ( .� )
ss.
County of /4 ' / 61t4—: ) / , 1981.
Personally appeared the above named Shirley Safe Chambers, and acknowledged the
foregoing instrument to be her voluntary act _ 4d deed.
BEFORE ME: G' . /,/.44'4'f 6'�iGf C
Nyary Public for
y Commission Expire:
SEND TAX STATEMENTS TO: AFTER RECORDING RETURN TO:
Title Number : 23-4202
AMENDED EXHIBIT "A"
PARCEL I
A tract of land in Section 4, Township 2 South, Range 1 West of
the Willamette Meridian, in the CoUnty of Washington and State
of Oregon, described as follows :
The North 185 feet of the West 225 feet of that certain tract of
land conveyed to John M. Burge and Ann C. Burge as described in
Book 434, page 73 , Deed Records , Washington County, Oregon, more
particularly described as follows :
Beginning at the center of said Section 4 which point is also the
centerline of S .W. 135th Avenue ; thence East along the one-quarter
section line a distance of 225 feet to a point ; thence South and
parallel with the West line of the Southeast one-quarter of Section 4,
a distance of 185 feet to a point ; thence West and parallel with the
North line of the Southeast one-quarter of Section 4, a distance of
225 feet to said West one-quarter section line; thence North along
said West one-quarter section line 185 feet to the point of beginning;
excepting therefrom a 25 foot strip along the entire West side for
a public road.
ALSO EXCEPTING THEREFROM that portion previously deeded to Tigard
Water District as described in Book 875 , page 251 , Deed Records ,
Washington County, Oregon.
PARCEL II
All right, title and interest, if any, owned by John M. Burge, now deceased, at the
time of his death on October 1, 1978, in and to the following described lands:
A tract of land in Section 4, Township 2 South, Range 1 West , of
the Willamette Meridian, in the County of Washington and State of
Oregon, described as follows :
Beginning at a point 150 feet East of the Southwest corner of Lot 31,
HANDY ACRES , a recorded subdivision in said Section 4 which point is
also the Southeasterly corner of that certain parcel of land conveyed
to the Tigard Water District as recorded in Book 403 , page 274, Deed
Records , Washington County; thence continuing East along the South
line of said Lot 31 , HANDY ACRES , a distance of 50 feet to a point ;
thence South 6 . 65 feet, more or less , to the one-quarter section line;
thence West along the said one-quarter section line 50 feet to the
Northwest corner of that parcel of land conveyed Tigard Water District
as described in Book 875 , page 251 , Deed Records , Washington County,
Oregon; thence North 5 . 17 feet , more or less , to the point of beginning.
STATE OF OREGON
County of Washington SS
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county,do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
ROGER THOMSSEN, Director ofj/ r5*
5 � Records& Elections
i° 1
1981 JUL 21 IA 9: 13
...„
,•;
. 1
•
156' -. ---
' = s•-•
-7, L, 1 "
4B
1 iii AP '2 5 1 i
•
I '
1
S,Isi•
eil• 1
1,20
_
f P" o
Av
, Lo7 3 I
N
it't 4
.1' AcIPF—S
rAlitert. 23/*
Cet j
6
56,C; 1.1;i4 \ \ \ Sii \C.C5‘
as. ____
25'
/ /
/
31
(710 -a-0-
i
1 /
,,/ .
/ /
I
/
/
/
I
.4-7"""/L-- /Co / i85'
/561 / ,
/ /-ir
1 It / / / / / .5
/
/
/ , / / / ,.••' 1
/4
/ / / , /
/ / ,
,'
r
/ /
/1 / '
/ / / /
/ .
. '
,
/
I
// / /
/ / ii
/
//I / / / '
// / ,//// //
/ / / / .., 1
,
/
1 .i.' /// / ,/ A
/
//
,, ' /-,.. / / / , I 1
/ pe*747 / / /
I- / / / / // /
/
,
''
,
.• ,/
. ,
. , „
...
.,- , , i .p/As
/ .
i
1 I
/...-- ,
,,.
[4.--2,6 1 44 , 260' . _ i•
TITLE INSURANCE SERVICES COUNCIL OF OREGON FORM NO.0-4000
SVAN.DARD COVERAGE POL CY FORM REVISED 7-74
Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
Tigard Water 'District
Q Q C LT ; ..1 --
a California corporation, hereinafter called the Company, for a valuable consideration paid
for this policy of title insurance, the number, date, and amount of which are shown in
Schedule A, does 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, attorney's fees and expenses which the
Company may be obligated to pay as provided in the Conditions and Stipulations hereof,
which the Insured shall sustain by reason of:
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 mattters 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 Schedule of Exclusions from Coverage;or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebted-
ness, 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 the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto
annexed, which,together with Schedules A and B are hereby made a part of this policy.
In Witness Whereof, the Company has caused its corporate name to be hereunto affixed by its duly authorized
officers on the date shown in Schedule A.
Transamerica Title Insurance Company
By 14-4-1 -rm..-- President
i .
By .A•(. towt.r.let—L Secretary
FORM NO.0-4000-1
TITLE INSURANCE SERVICES COUNCIL OF OREGON
STANDARD COVERAGE POLICY FORM REVISED 7-74
Tigard Water 'District
8841 S .W. Conuuercial
Tigard, Oregon 97223
Attn: Robert E. Santee
L J
SCHEDULE A
Policy No. 23-4202 Amount$ 16 , 000. 00
Effective Date July 21 , 1981 Premium $ 120 . 00
at 5 : 00 P.M.
INSURED
TIGARD WATER DISTRICT,
a municipal division of the
State of Oregon.
The fee simple title to said land is, at the date hereof,vested in
TIGARD WATER DISTRICT,
a municipal division of the
State of Oregon.
The land referred to in this policy is described as:
SEE ATTACHED EXHIBIT "A"
rb
FORM NO.0-4000-2
TITLE INSURANCE SERVICES COUNCIL OF OREGON
STANDARD COVERAGE POLICY FORM REVISED 7-74
STANDARD LEASEHOLD POLICY FORM REVISED 9-74
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or all of
which arise 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 on page 1 of this policy.
Part I
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 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 ascertained by
an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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.
PART II: Liens, encumbrances, defects and other matters affecting title to said land or to which said title is subject,
as hereinafter set forth:
1. The rights of the public in and to that portion of the herein
described property lying within the limits of roads and highways .
2 . As disclosed by the assessment and tax roll, the premises herein
have been specially assessed as forest land. If the land becomes dis-
qualified for this special assessment under the statute, an additional
tax plus interest may be levied for the last five or lesser number of
years in which the land was subject to this special land use assessment .
EXHIBIT "A"
PARCEL I
A tract of land in Section 4, Township 2 South, Range 1 West of
the Willamette Meridian, in the County of Washington and State
of Oregon, described as follows :
The North 185 feet of the West 225 feet of that certain tract of
land conveyed to John M. Burge and Ann C. Burge as described in
Book 434, page 73, Deed Records , Washington County, Oregon, more
particularly described as follows :
Beginning at the center of said Section 4 which point is also the
centerline of S .W. 135th Avenue; thence East along the one-quarter
section line a distance of 225 feet to a point ; thence South and
parallel with the West line of the Southeast one-quarter of Section 4,
a distance of 185 feet to a point ; thence West and parallel with the
North line of the Southeast one-quarter of Section 4, a distance of
225 feet to said West one-quarter section line; thence North along
said West one-quarter section line 185 feet to the point of beginning;
excepting therefrom a 25 foot strip along the entire West side for
a public road.
ALSO EXCEPTING THEREFROM that portion previously deeded to Tigard
Water District as described in Book 875 , page 251, Deed Records ,
Washington County, Oregon.
PARCEL II
A tract of land in Section 4, Township 2 South, Range 1 West , of
the Willamette Meridian, in the County of Washington and State of
Oregon, described as follows :
Beginning at a point 150 feet East of the Southwest corner of Lot 31,
HANDY ACRES , a recorded subdivision in said Section 4 which point is
also the Southeasterly corner of that certain parcel of land conveyed
to the Tigard Water District as recorded in Book 403 , page 274, Deed
Records , Washington County; thence continuing East along the South
line of said Lot 31, HANDY ACRES, a distance of 50 feet to a point ;
thence South 6 . 65 feet, more or less , to the one-quarter section line;
thence West along the said one-quarter section line 50 feet to the
Northwest corner of that parcel of land conveyed Tigard Water District
as described in Book 875 , page 251, Deed Records , Washington County,
Oregon; thence North 5 . 17 feet , more or less , to the point of beginning.
. i z o
` , '
1003 N69°3c E SEE MAP
T.
1 16c1/- ,,,.1""' rslrv, � _t_ ,6604
�,, io 01' 1404 3' 1444� ;!1406 2S 1 4A
3A o 4� rR 5 4)-0 7,1 6 N�
,� egg 5° i J vy TRIWSJWIERiCA TITLE ?a.�t+S:P�tiI'
3Ac 1. t l� z___ J
SWWALNUT STREET * PORTLAND,ORCGON
Si, 160 31 166.0 .�y.~°
,, {� - _� N
f: �Z��r 14080., 1407 0 s, �
?00 I
� it:
17 �9°644c 1 1403 ac0 a*Is 8 °- %; 11501?0-_ t<t."•o '- M113512691 ''L'•7; ''//. 1 35,4 a'
_ Jx\ fr E
3 �( — 5 e9°2130 , 1 ' • -
1 400 1159.5 =_
5 16"--'5-)----\r0-9"°.
6°n0 O
j( 4 o Oe A` "' 1409 844 b ,I N83°,,`.i.E v9_� \ S
o ;•
1402 j 9 Q:• 1502 print is mode solely b tel purgesof mining
3' '�' ° 1 37Ac \ .i*firms said preens and the company mum M
( . 2 i s s o I 1 1506 \ 7 7 60 .2 • - 'r0C • I ,ny, M �nlertelOep My
N SS98 NB9.3TE 210 I •
99.3E 1 12099 I •� / i"'9„1 'm 554c ', abed wow
144 02/5 ' .3 1 n ,. -1'1,1,
u 1410 ! 1411 1412 �� , �
1401 3 ; ! � ye, e.o��.o •
I OD 10 a V 11 ',Tr 12 183.23 1 600 4353�'�r9`-\
"K' 12 ti ^l° r� :' 1\500 i 1 454c g�� p-..
4--1 ,J r—inf—J J ":� i
')� 5JAc / '
3 � 170' .__ . cilli: �i :�� //. "/ n'W 1 700
STREET - slop 589°3 w 32 -I OO
N N 9$°01'E �1Q ' 2 /2 4c N
.�8y9r?St!!�//�;'/,y, r, 182.87\ r J �' %q
36.84 57 110' I 70' sA 1 7 0' �I a. I503 f�z
i I 200 I u^yBAc n; 3 3 r'
D0 2200 tri 00 i ` ; ' '.
W 1. 1504)3 (C•S.\ 12851 .0^.
0'
Ae i1/ Ae I 4.1 As. I -` 4 r-- -i82� �3
`` I N
11 'J 8 2 � 1505 `. e; \ I
40 1 z ' 2 48.4. ` 9,1N
_ \ I ^ ">,
1 voc �' 150 ��_ 4 I
J
a , I 48 Ac. '.' , I S
fn St J J002 I(CS. 131081 7. 1"-- `\ W
n
> "'27 28 pii a ' 182 5' 192 5\ y p, -
6 s6 27 w ur', a, \ Jr �� A o
♦ 50 ' 1 39 79 3 - I ^'
r-- r-' i a' 2104 n. - - -
r� 0 1 iJ /,/B AC,�*\ 17006 •
, i 9 00 A PP AOX LvC4T10N
1 " L J m 2003 f P./3 4e POSED Ex7ENnON
• _ ���111 Sw �jS AVE
i?101 s3Ao.4 8 31 sz s
163.0e 1 1.49 4c. 64 63 R z 170 I ,2201 \
_ p 17009 ,_ •
in
LIS Ac. ris 2000 M 50 10 /03 )s ,
I('3 O ! •i:
11 -•• 1 L /
10
v l � \ j.
A
N , 'i5 21181 -r
.1 s - 85 2s 1 4B
HOMEOWNER'S ADDITIONAL PROTECTION INDORSEMENT
Issued By
Transamerica Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation
and intending to provide additional monetary protection to the Insured Owner named
in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount
of insurance provided by said Policy, as stated in Schedule A thereof, is
subject to cumulative annual upward adjustments in the manner and to the extent
hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01
a.m. on the first January 1 which occurs more than six months after the Date
of Policy, as shown in Schedule A of the Policy to which this Indorsement is
attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined
above, by increasing the maximum amount of insurance provided by said Policy
(as said amount may have been increased theretofore under the terms of this
Indorsement) by the same percentage, if any, by which the United States Depart-
ment of Commerce Composite Construction Cost Index (base period 1967) for the
month of September immediately preceding exceeds the highest Index number for
the month of September in any previous year which is subsequent to Date of
Policy; provided, however, that the maximum amount of insurance in force shall
never exceed 15c of the amount of insurance stated in Schedule A of said Policy,
less the amount of any claim paid under said Policy which, under the terms of
the Conditions and Stipulations, reduces the amount of insurance in force.
There shall be no annual adjustment in the amount of insurance for years in
which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the
amount of insurance in force shall be deemed to be the amount which is in
force as of the date on which the insured claimant first learned of the
assertion or possible assertion of such claim, or as of the date of receipt by
the Company of the first notice of such claim, whichever shall first occur.
Nothing herein contained shallbe construed as extending or changing the effective
date of said Policy.
This indorsement is made a part of said Policy and is subject to the schedules, con-
ditions and stipulations therein, except as modified by the provisions hereof.
Transamerica Title Insurance Company
By
yti�++ President
T/A Indorsement Form No. 0 T/A-2
-.E
-N
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
(c)The Company shall have the right at its own cost to institute and by any amount the Company may pay under any policy insuring the
prosecute any action or proceeding or do any other act which in its validity or priority of any mortgage shown or referred to in Schedule
opinion may be necessary or desirable to establish the title of the B hereof or any mortgage hereafter executed by the Insured which is
estate or interest or the lien of the mortgage as insured; and the a charge or lien on the estate or interest described or referred to in
Company may take any appropriate action under the terms of this Schedule A, and the amount so paid shall be deemed a payment to
policy whether or not it shall be liable thereunder and shall not the Insured under this policy. The provisions of this paragraph
thereby concede liability or waive any provision of this policy, numbered 8 shall not apply to an Insured owner of an indebtedness
(d) In all cases where this policy permits or requires the Company secured by a mortgage shown in Schedule B unless such Insured
to prosecute or provide for the defense of any action or proceeding, , acquires title to said estate or interest in satisfaction of said indebted-
the Insured shall secure to it the right to so prosecute or provide ness or any part thereof.
defense in such action or proceeding, and all appeals therein, and
permit it to use, at its option, the name of the Insured for such pur- 8. COINSURANCE AND APPORTIONMENT
pose. Whenever requested by the Company the Insured shall give (a) In the event that a partial loss occurs after the Insured makes
the Company all reasonable aid in any such action or proceeding in an improvement subsequent to the date of this policy,and only in that
effecting settlement, securing evidence, obtaining witnesses,or pros- event, the Insured becomes a coinsurer to the extent hereinafter set
ecuting or defending such action or proceeding, and the Company forth.
shall reimburse the Insured for any expense so incurred. If the cost of the improvement exceeds twenty per centum of the
4. NOTICE OF LOSS—LIMITATION OF ACTION amount of this policy, such proportion only of any partial loss estab-
In addition to the notices required under paragraph 3 (b), a state- lished shall be borne by the Company as one hundred twenty per
ment in writing of any loss or damage for which it is claimed the centum of the amount of this policy bears to the sum of the amount of
this policy and the amount expended for the improvement.The fore-
Company is liable under this policy shall be furnished to the Company
within sixty days after such loss or damage shall have been deter- going provisions shall not apply to costs and attorneys'fees incurred
mined and no right of action shall accrue to the Insured under this by the Company in prosecuting or providing for the defense of actions
policy until thirty days after such statement shall have been furnished, or proceedings, in behalf of the Insured pursuant to the terms of this
and no recovery shall be had by the Insured under this policy unless policy or to costs imposed on the Insured in such actions or pro-
action shall be commenced thereon within five years after expiration ceedings, and shall apply only to that portion of losses which exceed
of said thirty day period. Failure to furnish such statement of loss or in the aggregate ten per cent of the face of the policy.
damage, or to commence such action within the time hereinbefore Provided, however, that the foregoing coinsurance provisions shall
specified, shall be a conclusive bar against maintenance by the not apply to any loss arising out of a lien or encumbrance for a liqui-
Insured of any action under this policy. dated amount which existed on the date of this policy and was not
shown in Schedule B; and provided further, such coinsurance provi-
5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS sions shall not apply to any loss if, at the time of the occurrence of
The Company shall have the option to pay or settle or compromise such loss, the then value of the premises, as so improved, does not
for or in the name of the Insured any claim insured against or to pay exceed one hundred twenty per centum of the amount of this policy.
(b) If the land described or referred to in Schedule A is divisible
the full amount of this policy, or, in case loss is claimed under this
into separate and noncontiguous parcels, or if contiguous and such
policy by the owner of the indebtedness secured by a mortgage parcels are not used as one single site, and a loss is established
covered by this policy,the Company shall have the option to purchase affecting one or more of said parcels but not all, the loss shall be
said indebtedness; such purchase, payment or tender of payment of computed and settled on a pro rata basis as if the face amount of
the full amount of this policy, together with all costs, attorneys' fees this policy was divided pro rata as to the value on the date of this
and expenses which the Company is obligated hereunder to pay,shall policy of each separate independent parcel to the whole,exclusive of
terminate all liability of the Company hereunder. In the event, after any improvements made subsequent to the date of this policy, unless
notice of claim has been given to the Company by the Insured, the a liability or value has otherwise been agreed upon as to each such
Company offers to purchase said indebtedness, the owner of such parcel by the Company and the Insured at the time of the issuance of
indebtedness shall transfer and assign said indebtedness and this policy and shown by an express statement herein or by an
the mortgage securing the same to the Company upon payment of the endorsement attached hereto.
purchase price.
6. PAYMENT OF LOSS 9. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a)The liability of the Company under this policy shall in no case Whenever the Company shall have settled a claim under this policy,
exceed, in all, the actual loss of the Insured and costs and attorneys' all right of subrogation shall vest in the Company unaffected by any
fees which the Company may be obligated hereunder to pay. act of the Insured, and it shall be subrogated to and be entitled to all
(b)The Company will pay, in addition to any loss insured against by rights and remedies which the Insured would have had against any
this policy, all costs imposed upon the Insured in litigation carried on person or property in respect to such claim had this policy not been
by the Company for the Insured, and all costs and attorneys' fees in issued. If the payment does not cover the loss of the Insured, the
litigation carried on by the Insured with the written authorization of Company shall be subrogated to such rights and remedies in the pro-
the Company. portion which said payment bears to the amount of said loss. If loss
(c) No claim for damages shall arise or be maintainable under this should result from any act of the Insured, such act shall not void this
policy (1) if the Company, after having received notice of an alleged policy, but the Company, in that event, shall be required to pay only
defect, lien or encumbrance not excepted or excluded herein that part of any losses insured against hereunder which shall exceed
removes such defect, lien or encumbrance within a reasonable time the amount, if any, lost to the Company by reason of the impairment
after receipt of such notice, or (2) for liability voluntarily assumed by of the right of subrogation. The Insured, if requested by the Company,
the Insured in settling any claim or suit without written consent of the shall transfer to the Company all rights and remedies against any
Company, or (3) in the event the title is rejected as unmarketable person or property necessary in order to perfect such right of sub-
because of a defect,lien or encumbrance not excepted or excluded in rogation,and shall permit the Company to use the name of the Insured
this policy, until there has been a final determination by a court of in any transaction or litigation involving such rights or remedies.
competent jurisdiction sustaining such rejection. If the Insured is the owner of the indebtedness secured by a mort-
(d) All payments under this policy,except payments made for gage covered by this policy, such Insured may release or substitute
costs, attorneys' fees and expenses, shall reduce the amount of the the personal liability of any debtor or guarantor, or extend or other-
insurance pro tanto and no payment shall be made without producing wise modify the terms of payment, or release a portion of the estate
this policy for endorsement of such payment unless the policy be lost or interest from the lien of the mortgage, or release any collateral
or destroyed in which case proof of such loss or destruction shall be security for the indebtedness, provided such act does not result in
furnished to the satisfaction of the Company;provided,however, if the any loss of priority of the lien of the mortgage.
owner of an indebtedness secured by a mortgage shown in Schedule
10. POLICY ENTIRE CONTRACT
B is an Insured herein then such payments shall not reduce pro tanto
the amount of the insurance afforded hereunder as to such Insured, Any action or actions or rights of action that the Insured may have
except to the extent that such payments reduce the amount of the or may bring against the Company arising out of the status of the lien
indebtedness secured by such mortgage. Payment in full by any per- of the mortgage covered by this policy or the title of the estate or
son or voluntary satisfaction or release by the Insured of a mortgage interest insured herein must be based on the provisions of this policy.
covered by this policy shall terminate all liability of the Company to No provision or condition of this policy can be waived or changed
the insured owner of the indebtedness secured by such mortgage, except by writing endored hereon or attached hereto signed by the
except as provided in paragraph 2 hereof. President, a Vice-President, the Secretary, and Assistant Sceretary or
(e)When liability has been definitely fixed in accordance with the other validating officer of the Company.
conditions of this policy the loss or damage shall be payable within
thirty days thereafter. 11. NOTICES, WHERE SENT
7. LIABILITY NONCUMULATIVE All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to it
It is expressly understood that the amount of this policy is reduced at 12360 East Burnside, Portland,Oregon 97216.
= _ Transamerica Title Transamerica Title
Insurance Company Insurance Company
HOME OFFICE OREGON OPERATIONS
600 Montgomery Street Policy
o l i cy o f Benton County
San Francisco,California 94111 V 227 N.W.Third Street,Corvallis
(415)983-4400 •
• Clackamas County
Arizona Operations 108 Eighth Street,Oregon City
•
Tempe,
,Ari Fair Lane ClatsoTitle Insurance Marine Drive,
Tempe,Arizona 85282 901 Marine Drive,Astoria
(602)262-0511 •
• Columbia County
Northern California Operations 240 South 1st Street,St.Helens
6850 Regional Street Coos County
Dublin,California 94566 220 South Fourth Street,Coos Bay
(415)829-3800
• Issued by Curry County
Southern California Operations 425 N.Ellensburg Avenue,Gold Beach
•
Third and La Cienega Douglas County
Los Angeles,California 90048 308 S.E.Jackson Street,Roseburg
(213)655-3000 •
• Jackson County
Colorado Operations 245 South Grape Street,Medford
•
1800 Lawrence Street Josephine County
Denver,Colorado 80202 405 N.E.6th Street,Grants Pass
(303)629-4800 •
• Klamath County
600 Main Street,Klamath Falls
Michigan OperationsTransamerica Title Lane County
•
e
20830 Rutlandd Drive
Southfield,Michigan 48037 49 Silver Lane,Eugene
• (313)569-3100 •
• Insurance CompanyLincoln County
140
New Mexico Operations West Olive Street,Newport
•
9809 Candelaria,N.E. Linn County
Albuquerque,New Mexico 87112 315 South Lyons Street,Albany
(505)293-8000 •
• Marion County
484 State Street,Salem
Nevada Operations •
535 E.Plumb Lane Multnomah County
Reno,Nevada 89502 12360 East Burnside,Portland
(702)786-1871 •
• Polk County
289 East Ellendale,Dallas
Oregon Operations •
12360 East Burnside Umatilla County
Portland,Oregon 97216 33 S.E.Dorion Ave.,Pendleton
(503)256-1160 •
• Washington County
12655 S.W.Center Street,Beaverton
Texas Operations •
3820 Buffalo Speedway Yamhill County
Houston,Texas 77098 601 North Evans Street,McMinnville
(713)622-2611 •
•
Utah Operations ASSOCIATED COMPANIES
261 East 300 South 111!1 Transamerica •
Salt Lake City,Utah 84111 Lake County
(801)532-6600 LAKE COUNTY TITLE&INSURANCE AGENCY
Title Services 405 First Street North,Lakeview
• •
Washington-Alaska Operations Morrow County
MORROW COUNTY ABSTRACT&TITLE COMPANY,INC.
Park Place Heppner,Oregon
Sixth Avenue at University Street
Seattle,Washington 98101
(206)628-4650
LEGAL DESCRIPTION
PARCEL I:
A tract of land in Section 4, Township 2 South, Range
1 West of the Willamette Meridian, in the County of
Washington and State of Oregon, described as follows:
The North 185 feet of the West 225 feet of that certain
tract of land conveyed to John M. Burge and Ann C. Burge
as described in Book 434, Page 73, Deed Records, Wash-
ington County, Oregon, more particularly described as
follows:
point
Beginning at the center of said Section 4 which/is also
the centerline of S. W. 135th Avenue; thence east along
the one-quarter section line a distance of 225 feet to a
point; thence south and parallel with the west line of
the Southeast one-quarter of Section 4, a distance of
185 feet to a point; thence west and parallel with the
north line of the Southeast one-quarter of Section 4 , a
distance of 225 feet to said west one-quarter section
line; thence north along said west one-quarter section
line 185 feet to the point of beginning; excepting
therefrom a 25 foot strip along the entire West side for
a public road.
ALSO EXCEPTING THEREFROM that portion previously deeded
to Tigard Water District as described in Book 875, Page
251, Deed Records, Washington County, Oregon.
LEGAL DESCRIPTION
PARCEL II:
A tract of land in Section 4, Township 2 South, Range
1 West of the Willamette Meridian, in the County of
Washington and State of Oregon, described as follows:
Beginning at a point 150 feet East of the Southwest
corner of Lot 31, HANDY ACRES, a recorded subdivision
in said Section 4 which point is also the Southeasterly
corner of that certain parcel of land conveyed to the
Tigard Water District as recorded in Book 403, Page 274,
Deed Records, Washington County; thence continuing
East along the South line of said Lot 31, HANDY ACRES,
a distance of 50 feet to a point; thence South 6 . 65
feet, more or less, to the one-quarter section line;
thence West along the said one-quarter section line
50 feet to the Northwest corner of that parcel of land
conveyed Tigard Water District as described in Book
875, Page 251, Deed Records, Washington County, Oregon;
thence North 5. 17 feet, more of less, to the point of
beginning.
DEANE LEVERETT 413 Lincoln Building
REAL ESTATE APPRAISER AND CONSULTANT 9370 SW Greenburg Road
Portland, Oregon 97223
March 20, 1981 (503) 245-0145
Fred Anderson
Attorney at Law
8865 SW Center Street
Tigard, Oregon 97223
RE: John M. Burge Property - Tigard Water District
Dear Mr. Anderson:
I have completed a valuation study of the .49 acres located on
the east side of SW 135th Avenue, Tigard, Oregon , which is
being acquired by the Tigard Water District. It is believed
that the value of the taking and damage to the remaining prop-
erty is $18,000. The basis for this reasoning is as follows:
The entire parcel of ground contains 14.58 acres, with the
taking containing 21,250 square feet, or .49 acres. The taking
is "L" shaped with 80 feet of frontage on SW 135th Avenue and
a depth of 200 feet. The back taking line is 185 feet. This
creates an irregular shaped lot, thus making it more difficult
to develop the remaining site.
The subject property currently is not within the city limits of
Tigard; however, it is within the Urban Growth Boundary and
there is considerable pressure for the City of Tigard to annex
these areas. A discussion with the City of Tigard indicates
that all these areas will be annexed in the near future.
City water is available and the site could be developed with
the existing system. Sewer, located approximately 1800 feet
from the property, probably would be developed by a Local
Improvement District.
Several recent sales have been investigated. The following
sales are located close to the subject and are believed to be
comparable to the subject property.
Fred Anderson
March 20, 1981
Page 2
RE: John M. Burge Property - Tigard Water District
Sale No. 1
Location: East side of SW 135th Avenue, just north
of SW Morning Hill Drive
Seller: Krueger
Purchaser: Century 21 Homes
Date of Sale: February 1981
Size: 33 acres
Sale Price: $1,300,000
Price per Acre: $39,393
Comments: 246 units will be developed on this site.
In the negotiation, the R-5 Residential
sites had a raw land .value of $7000 per
unit. A portion of the property is located
within the 100 year flood plain. Also,
additional road improvements on SW 135th
will be required.
Sale No. 2
Location: Northwest intersection of SW Brockman
Street and SW 130th Avenue
Seller: City of Beaverton
Purchaser: Robert Hink
Date of Sale: January 6, 1981
Size: 2.69 acres
Zone: R-7
Sale Price: $88,770
DEANE LEVERETT
PORTLAND,OREGON
Fred Anderson
March 20, 1981
Page 3
RE: John M. Burge Property - Tigard Water District
Price per Acre: $35,762
Comments: This is a sale of excess property that
was put out for bid by the City of
Beaverton. This property will have to
be developed with adjoining properties.
Sale No. 3
Location: Northeast corner of SW Murray Boulevard
and Old Scholls Ferry Road
Seller: Dennis
Purchaser: Vidovich
Date of Sale: March 5, 1981
Zone: RS-1
Size: 22.79 acres
Sale Price: $524,170
Price per Acre: $23,000
Comments: This property currently is zoned RS-1.
Public sewer is approximately 4 mile
from the site and would have to be
developed through private properties.
A drainageway crosses the southern por-
tion of the property.
The three sales listed are in close proximity to the subject prop-
erty and all three sales have transpired within the last three
months. Sale No. 3 is the most comparable to the subject, as it
has the same zoning and does not have public sewer.
Considering the sales listed and adjusting these sales for loca-
tion, topography, and utilities, it is believed that the subject
property has a market value of $26,500 per acre.
DEANE LEVERETT
PORTLAND,OREGON
Fred Anderson
March 20, 1981
Page 4
RE: John M. Burge Property - Tigard Water District
The proposed taking will create an irregular shape in the subject
property. It is believed that this will result in the loss of at
least one lot in developing the site. Sales indicate that raw
residential land site sales range from $7000 to $10,000 per lot.
Adjusting the subject for utilities, a loss of $5000 is believed
to be reasonable.
TAKING .49 acres x $26,500 = $12,960
DAMAGE TO REMAINDER 5,000
TOTAL TAKING AND DAMAGE $17,960
Say $18,000
Yours truly,
Deane Leverett
Appraiser
DL/es
DEANE LEVERETT
PORTLAND,OREGON
L / '' ' ',jLi -- {--,I I i i I T L
IIc, Il}:7 4 _J[_,.-_,,,,A
za _gin ----J
"�. — 3C< tri r°i T
%fir'\ s r 11; �,,:�o;., /Q4 ic.,://,•,./(ii- .�q,�• ts
:-::i ! _.--)!_-___-_-_-'-'_,--%....7,i, ..,-- 1,_ --,--`-'''" / "\e' .4
1` r
J -f'1 — ' a ('
•
r n r 112 (., j' "'
tJ I 'J> I __
1� . ° 3ENII 1
p .,k,,,,,IF..,_..._,,1 nz .„3„,,,,,.: , 1
i• ''''''''•'* .1 , ., " .=-2 I+..! .*:11---_ L u L— r ;... Li.
-=.1LQ.2, .1'1_ ---.\-/z-- rr'1•,',.'.1 LC1 '-'-'
____„__ .,,_, ,._ .:., I r ,. ,,,,..-- 7,.——— r ''<Ino 7=3
Ir- ----'=-
i
a °" °j (,nor_ \/
_ u ry
o.v.1 e, e rn
.>_,,.,,," .J =-` „” JE,a. I o'I l�� /• •.1iw Tins
•
•
°° III e�, "., ..w,.� •l;, ' / ,r, 7
4.
1. - r
: L _ ),.i. ...
y � yJ „ ww O.ssn.f
a °
,,,,
{ dod ",..,.• •
PP ••••k„ �`OF� ti`y� ' •
•'J..�—re is.s....O. \ \
12 11110)1111/
,,, .,. ir_,,,„0, ,,) LS 013011•3 7/6
La 1441 1.1
•
I S-
y , Jd x
C .r Ci. t, ,,.. I
r ,w O' IS IONNI 1VM
,-._ 04, -- -tt 4,„/.'•;',„.........L.,___, Fi •-----• r --_-7------.,----A. ____Vy . :7.; oo.,.., ir z
2 t srm Jr J, .8-7
,i 33- i r.____. ,‘.. : vt..,.. .....",„1 L..'r- , - --1,— - ..____. ..__
- - *. --/NI-NI'1 -- E'l 1:c
1.---Thri P P
CiAt
1:1 — ,. i.ji
r l
____t_ 1 `✓C " .n ��d
� _1 1- - _- - IC °.a _- wLwns �.Y � .aotea
i _,...,.:,..,.. (G-----A__ 1 i ,,iafErS-)••• —
/ ( 1 — —
'''—`,..C) C________> \ /— ,,..., ce, ),...------,—,:;,'",
ISt,JO 1I -- \j \
: � o MMM Y ,. 1 8CC i et
•
"•—li:pc_9E-'=11 i a\ -..-:* c.:,),..: ,i,\._-_-- <
1, ET
/9 1 .'1'"-'4'. 'irit.' 'V- --'- ' . __._ _._.L- 1\,\'''.i..',.:1,_:—:isoplr.77-", `'" n'._—:_rgriu
J o tl„M
,14.)
17,nr
\7___, i
_84? ., v,,,,,,...,:,r,.:,' r-,--Lii.
.*,'''.'7-''j Vsj ' .., ..?\,',_,--1*,i ! -
Hfi O lig:. �, e° V v ..,,wo 11+''> .� ,1� >1 p )y1,� O•
. :i iL
•
( zg eleSt r-__.
j,(7 ! }
t
k-1.1._ ''
;,-,:, , _.' 1 1- 7 L,.... r,,,,,,c,-',:,"17 "6„.i, .A.1-Atc,A.4.,,
1 ono...°f.,° •Vti,.li
, 1 .. . . i _-
•
APPRAISAL QUALIFICATIONS - DEANE LEVERETT
Real Estate Broker - State of Oregon
Certified Appraiser - State of Oregon
Bachelor of Science - Portland State University
Special Training in Real Estate Appraising:
American Institute of Real Estate Appraisers Courses:
Real Estate Appraisal #1 University of Washington
Real Estate Appraisal #2 Portland State University
Real Estate Appraisal #6 University of San Francisco
Real Estate Appraisal #8 Portland State University
Appraisal Short Course Oregon State University
General Real Estate Portland State University
Appraisal Experience:
4 years Regional Appraiser) Pacific First Federal Savings
7 years Appraiser ) and Loan Association
4 years Appraiser Oregon State Highway Department
2 years Appraiser Oregon State Tax Commission
Appraisal Clients:
Oregon State Highway Dept. Tualatin Hills Park & Recreation
Tom Moyer Theaters District
Bendix Corporation Champion Oil Company
General Telephone Company ESCO Corporation
Rockwood Development Corp. The Robert Randall Co.
Ford Motor Company Chrysler Corporation
Portland School Dist. #1 Tigard School District
Lincoln Savings & Loan State Savings & Loan
Association Associations
Attorneys Private Fee Appraisals
Qualified as an expert witness in the courts of Oregon.
DEANE LEVERETT
PORTLAND,OREGON