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97-080935 ~ Dartmouth Street STATE' iJREGON } SS County of Washington RECORDING REQUESTED BY, AND I, Jerry R. Hanson, Director of Assess- WHEN RECORDED, RETURN TO: ment and Taxation and Ex-Officio County Clerk for,,$aid county, do hereby certify that The City of Tigard, the within instrument of writing was received and recorded in book of records of said an Oregon municipal corporation county. 13125 SW Hall Boulevard Tigard; OR 97223 Jerry R. Hanson, Director of AssdssrridntaridTaxation, Ex- Offioio.CourSty Clerk UNTIL A CHANGE OF ADDRESS IS REQUESTED,.SEND ALL TAX STATEMENTS TO: Doc 9 7 0 8 0 9 3 5 Rect: 193266 33.00 The City of Tigard, 08/29/1997 04: 15: 49pm an Oregon municipal corporation 13125 SW Fall Boulevard Tigard, OR 97223 SPECIAL WARRANTY DEED Waremart, Inc., an Idaho corporation ("Grantor"), conveys and specially warrants to The City of Tigard, an Oregon municipal corporation ("Grantee"), the real property in 0 Washington County, Oregon described in Exhibit A attached hereto, free of encumbrances "7 created or suffered by Grantor except as specifically set forth in ExhibitB attached hereto. au The true consideration paid for this conveyance is $ 978, 377.44 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 CIT`~ OR COUN 1 1 PLAl`T7ING DEPARnlENI T TO VEFIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this 29thday of August, 1997. GRANTOR: WAREMART, INC., an Idaho corporation By: L•~-~.~ rN c its.. 1 0135571.01 .r . STATE OF To(a h o ) ss. County of Aok The foregoing instrument was acknowledged before me on this ,,24 6 day of August,. 1997. Notary Pub6c for :S U h o My Commission Expires: b~lzwi v - 2 0135571.01 EXHIBIT A LEGAL DESCRIPTION PARCEL C A parcel of land lying in the Southwest one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that particular tract described in Document No.. 83-014674 as Parcel II in conveyance to Homer G. Williams and described as follows: Beginning at a one and one-half inch iron pipe marking the Southwest corner of the A. Lipman Tract as recorded in Book 153 Page 313, Washington County Deed Records; thence North 010 02' 16" East along the West line of said Lipman Tract 45.82 feet; thence North 740 00' 53" West 106.77 feet; thence Northwesterly 761.40. feet along a 465.00 foot radius curve to the right, the chord of•which bears North 270 06' 23" West 679.14 feet; thence Northerly 393.52 feet along a 53.5.0:0 foot radius curve to the left, the chord of which bears North 010 16'.01" West 384.69 feet; thence North 830 36' 41" West 81.72 feet; thence Southerly 381.35 feet along a 465.00 foot radius curve to the right, the chord of which bears South 030 41' 22" East 370.75 feet; thence Southeasterly 850.09 feet along a 535.00 foot radius curve to the left, the chord of which bears South 250 43' 04" East 763.44 feet; thence 'South 830 52'. 03" East 146.67 feet to the point of beginning. PARCEL D A parcel of land lying in the Southeast one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that tract described as Parcel V in document No. 83-014674 and more particularly described as follows: Beginning at a one and one-half inch iron pipe marking the Southwest corner of the A. Lipman Tract as recorded in Book 153 Page 313; Washington County Deed Records; thence North 010 02' 16" East along the West line of said tract 45:82 feet.; thence South 740 00' 53" East 174.11 feet; thence North 890 16' 25" West 168.22 feet to the point of beginning. FiIBIT B PERMITTED ENCUMBRANCES 1. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated February 16, 1953 Recorded February 27, 1953 in Book 341.Page 598 In favor of Portland General Electric Company, a Corporation of Oregon For Electrical lines, telephone lines, together with such poles, wires, guys, and facilities as may be reasonably connected therewith or appurtenant thereto Affects Exact location cannot be determined from the information provided in the recorded easement instrument . 2. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated July 10, 1968 Recorded October 11, 1968 in Book 720 Page 515 In favor of City of Tigard For Underground sewer line and appurtenances 3. An easement created or disclosed-by instrument, including the terms and provisions thereof, Dated February 2, 1970 Recorded February 6, 1970 in Book 770 Page 759 In favor of City of Tigard, a municipal corporation of Oregon For Underground sewer line and appurtenances 4. Access Easement Agreement, including the terms and provisions thereof, Dated December 12, 1978 Recorded December 19, 1978 as Recorder's Fee No. 78055158 By and between Frank L. Hale and Miller & Gulick, Inc. AND Alex Finke and Lotti I. Finke, and Gordon R. Martin 5. Conveyance, Easements and Covenants Agreement, 'including the terms and provisions thereof, Dated January 10, 1992 Recorded January 15, 1992' as Recorder's Fee No.. 92002831 .Re-Recorded January 22, 1992 as Recorder's Fee No. 92004083 By and between western-Duff Tigard Partners, a California General Partnership AND'Super. Valu Stores, Inc., a Delaware Corporation Second Amendment to Agreement of Conveyance, Easement and Covenant, Recorded March 20, 1995` as Recorder's Fee No. 95017634 NOTE: No "FIRST AMENDMENT" appears of record. 6. Restrictive covenants to waive future rights of remonstrance against the formation of a local improvement district, Recorded September 16, 1993 as Recorder's Fee No. 93076023 Type of Improvement . 'Street 7. Restrictive covenants to waive future rights of -remonstrance against the formation of a local improvement district, Recorded September 16, 1993 as Recorder's Fee No. 93076024 Type of Improvement Street. 8. Covenant and Agreement Regarding Maintenance of Building, including the terms and provisions thereof, Dated September 24, 1993 Recorded October 1, 1993 as Recorder's Fee No. 93081051 Re-Recorded April 6, 1994 as Recorder's Fee No. 94-033037 By and between City of Tigard AND Supervalu Holdings, :nc. 9. Declaration of covenants, conditions, restrictions, and reciprocal easements and/or setbacks including the terms and provisions-thereof, imposed by instrument, Dated. August 30, 1993 Recorded October 1, 1993 as Recorder's Fee No.. 93081054 NOTE: This exception omits from said instrument any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin as provided in 42 QSC Sec. 3604, unless and only to the extent that the covenant, condition or restriction (a).is not in violation of state or federal law, (b) is exempt under 41 USC Sec. 3607, or (c) relates to a handicap, but does not discriminate against handicapped people. 10. Said covenants, conditions, restrictions and easements and/or setbacks were amended by instrument entitled First Amendment, Dated March 29, 1995 Recorded April 11, 1995 as Recorder's Fee No. 95024984 11. Conditions, restrictions, easements and/or setbacks as disclosed by the recorded plat of PARTITION PLAT NO. 1995-013, Recorded. February 24, 1995 in Plat Book 1995 Page 013 i POLICY OF TITLE INSURANCE : ISSUED BY OREGON 'T'ITLE INSURANCE COMPANY 1515 Southwest Fifth Avenue • Portland, Oregon 97201 • Portland, Oregon 97201 • (503) 220-0015 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OREGON TITLE INSURANCE COMPANY, an Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, OREGON TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer or agent of the corporation: y' OREGON TI'T'LE INSURANCE COMPANY BY 1 1,,~ '~'QI' jh PRESIDENT Countersigned p ATTEST SECRETARY Authorized I Officer ti i~ l ti : OTIC 923 - ALTA Owner's Policy (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or lo- cation of any Improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public re- cords at Date of Policy. (b) Any.govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value with- out knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the prefer- ential transfer results from the failure: (1) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS cepted from coverage, which would entitle a purchaser of 4. DEFENSE AND PROSECUTION OF ACTIONS; The following terms when used in this policy mean: the estate or interest described in Schedule Ato be released DUTY OF INSURED CLAIMANT TO (a) 9nsured°: the Insured name in Schedule A, and, from the obligation to purchase by virtue of a contractual COOPERATE: condition requiring the delivery of marketable title. subject to any rights or defenses the Company would have (a) Upon written request by the insured and subject to had against the named insured, those who succeed to the (h) "leasehold estate": the right of possession for the the options contained in Section 6 of these Conditions and Interest of the named insured by operation of law as distin- term or terms described in Schedule A hereof subject to any Stipulations, the Company, at its own cost and without an- guished from purchase including, but not limited to, heirs, provisions contained in the Lease which limit the right of reasonable delay, shall provide for the defense of an insured distributees, devisees, survivors; personal representatives, possession. in litigation in which any third party asserts a claim adverse next of kin, or corporate or fiduciary successors. to the title or interest as insured, but only. as to those stated (b) "insured claimant": an insured claiming loss or 2. CONTINUATION OF INSURANCE AFTER causes of action alleging a defect, lien or encumbrance or damage. CONVEYANCE OF TITLE. other matter insured against by this policy. The Company The coverage of this policy shall continue in force as of shall have the right to select counsel of its choice (subject to (c) "knowledge" or "known° actual knowledge, not Date of Policy in favor of an insured only so long as the in- the right of the insured to object for reasonable cause) to constructive knowledge or notice which may be imputed to represent the insured as to those stated causes of action sure an insured by reason of the public records as defined In this debte retains an secured estate a or. in purchase e interest the money land, or mortgage given holds giv n-en and shall not be liable for and will not pay-the fees of any policy or any other. records which Impart constructive notice by a purchaser from th insured other counsel. The Company will not pay any.fees, costs or of matters affecting the land. . by a p,it, or only so long as the in- expenses incurred by the insured in the.defense of those eared shall have liability by reason of covenants of warranty (d) "land": the land described or referred to in made bytheinsured inanytransfer orconveyance oithees- causes this lof action which all logo matters not insured against by Schedule (A), and improvements affixed thereto which by tate or interest. This policy shall not continue in force in favor policy. law constitute real property. The term "land" does not in- of any purchaser from the insured of either (i) an estate or in- (b) The Company shall have the right, at its own cost, clude any property beyond the lines of the area described or forest in the land, or (ii) an indebtedness secured by a pur- to institute and prosecute any action or proceeding or to do referred to in. Schedule (A), nor any right, title, interest, es- chase money mortgage given to the insured. any other act which in its opinion may be necessary ordesir- tate or easement In abutting streets, roads, avenues, alleys, able to establish the title to the estate or interest, as insured, lanes,,ways orwaterways, but nothing herein shall modify or 3. NOTICE OF CLAIM TO BE or to prevent or reduce loss or damage to the insured. The limit the extent to which a right of access to and from the land GIVEN BY INSURED CLAIMANT. Company may take any appropriate action under the terms is insured by this policy. The insured shall notify the Company promptly in writing of this policy, whether or not it shall be liable hereunder, and (e) "mortgage": mortgage, deed of trust, trust deed, (i incase of any litigation as set forth in Section 4(a) shall not thereby concede liability or waive any provision of or other security instrument. (il i) in case knowledge shall come to an insured hereunder below, of this policy. If the Company shall exercise its rights underthis (f) "public records": records established under state any claim of title or interest which is adverse to the title to the paragraph, it shall do so diligently. statutes at Date of Policy for the purpose of imparting con- estate or interest, as insured, and which might cause loss or (c),,Whonever the Company shall) have brought an structive notice of matters relating to real property to pur- damage for which the Company may be liable, by virtue of action or interposed a defense as required_or permitted by chasers for value and without knowledge. With respect to this policy, or (iii) if title to estate or interest, as insured, is re- the piovisions`of this'policy,,the Company may pursue any Section I (a)(iv) of the. Exclusions From Coverage, "public jected as unmarketable. If prompt notice shall not be given Il igation to final determination by a court of competent juris- records' shall also include environmental protection liens to the Company, then as to the Insured all liability of the `diction and expressly reserves the right, in its sole discre- filed in the records of the clerk of the United States district Company shall terminate with regard to the matter or mat- tion, to appeal from any adverse judgment or order. court for the district in which the land is located. tars for which prompt notice Is required; provided, however, (d) In all cases where this policy permits or requires (g) "unmarketability of the title": an alleged or appar- that failure to notify the Company shall in no case prejudice the Company to prosecute or provide for the defense of any ent matter affecting the title to the land, not excluded or ex- the rights of any insured under this policy unless the com- pany shall be prejudiced by the failure and then only to the extent of the prejudice. (Continued on inside back cover) • MDITIONS AND STIPULATIONS (Continued from inside front cover) action or proceeding, the insured shall secure to the Com- (i) to pay or otherwise settle with other parties for tion of any appeals therefrom, it shall have fully performed pany the right to so prosecute or provide defense in the ac- or in the name of an insured claimant any claim Insured its obligations with respect to that matter and shall not be li- tion or proceeding, and all appeals therein, and permit the against under this policy, together with any costs, attorneys' able for. any loss or damage caused thereby. Company to use, at its option, the name of the insured for fees and expenses incurred by the insured claimant which (b) In the event of any litigation, including litigation by this purpose. Whenever requested by the Company, the in- were authorized by the Company up to the time of payment the Company the with the Company's consent, the Company brand, at the Company's expense, shall give the Company and which the Company is obligated to pay; or shall have no liability for loss or damage until there has been all reasonable aid (t) in any action or proceeding, securing (ii) to pay or otherwise settle with the insured a final determination by a court of competent jurisdiction; evidence, obtaining witnesses, prosecuting or defending claimant the loss or damage provided.for under this policy, and disposition of all appeals therefrom, adverse to the title the action or proceeding, or effecting settlement, and (ii) in together with any costs, atiomeys' fees and expenses incur- or to the lien of the insured mortgage, as insured. any other lawful act which in the opinion of the Company red by the insured claimant which were authorized by the may be necessary or desirable to establish the title to the es- Company up to the time of payment and which the Company (c) The Company shall not be liable for loss or dam- tate or interest, as insured. If the Company is prejudiced by is obligated to pay. age to any insured for liability voluntarily assumed by the in- the failure of the insured to fumish the required cooperation, Upon the exercise by the Company of either of the options sured in settling anyclaim or suit without the prior written the Company's obligations to the insured under the policy provided for in paragraphs (b)(i) or (fi) the Company's obli- consent of the Company. shall terminate, including any liability or obligation to defend, gations to the insured under this policy for the claimed loss prosecute, or continue any litigation, with regard to the mat- 10. REDUCTION OF INSURANCE; REDUCTION or damage, other than the payments required to be made, ter or matters requiring such cooperation. shall terrminate,including anyliability orobligation todefend, OR TERMINATION OF LIABILITY. 5. PROOF OF LOSS OR DAMAGE. prosecute or continue any litigation. (a) All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce In addition to and after the notices required under Section 7. DETERMINATION.AND EXTENT OF LIABILITY the amount of the insurance pro tanto. 3 of these Conditions and Stipulations have been provided AND COINSURANCE. the Company, a proof of loss or damage signed and swom This policy is a contract of indemnity against actual mone- 11. LIABILITY NONCUMULATIVE. to by the insured claimant shall be furnished to the Company tary loss or damage sustained or incurred by the insured It is expressly understood that the amount of insurance within 90 days after the insured claimant shall ascertain the claimant who has suffered loss or damage by reason of mat- under this policy shall be reduced by any amount the Com- facts giving rise to the loss or damage. The proof of loss or ters insured against by this policy and only to the extent pany may pay under any policy insuring a mortgage to which damage shall describe the defect in, or lien or encumbrance herein described. exception is taken in Schedule B or to which the insured has on the title, or other matter insured against by this policy reed, assumed, or taken subject, or which is hereafter ex- which _ constitutes the basis of loss or damage and shall (a) The liaiblity of the Company under this policy shall a9 state, to the extent possible, the basis of calculating the not exceed the least of: ecuted by an insured and which is a charge or lien on the es- amount of the loss or damage. If the Company is prejudiced (i) the Amount of Insurance stated in Schedule tale or interest described or referred to in Schedule and the amount so paid shall be deemed a payment unda er this by the failure of the insured claimant to provide the required A; or, policy to the Insured owner. proof of loss or damage, the Company's obligations to the (ii) the difference between the value of the in- insured under the policy shall terminate, including any liabil- ity or obligation to defend, prosecute, or continue any litiga- sured estate or interests as insured and the value of the In- 12. PAYMENT OF LOSS. tion, with regard to the matter or matters requiring such brand estate or interest subject to the defect, lien or encum- brance insured against by this policy. (a) No payment shall be made without producing this proof of loss or damage. policy for endorsement of the payment unless the policy has In addition, the insured claimant may reasonably be re- (b) In the event the Amount of Insurance stated in been lost or destroyed, in which case proof of loss or de- quired to submit to examination under oath by any au- Schedule A at the Date of Policy is less than 00 percent of struction shall be furnished to the satisfaction of the Com- thorized representative of the Company and shall produce the value of the insured estate or interest or the full consid- pany. for examination, inspection and copying, at such reasona- eration paid for the land, whichever is less, or If subsequent (b) When liability and the extent of loss or damage ble times and places as may be designated by any au- to the Date of Policy an improvement is erected on the land has been definitely fixed in accordance with these Condi- thorized representative of the Company, all records, books, which increases the value of the insured estate orinterest by lions and Stipulations, the loss or damage shall be payable ledgers, checks, correspondence and memoranda, at least 20 percent over the Amount of Insurance stated in within 30 days thereafter. whether bearing a date before or after Date of Policy, which Schedule A, then this Policy is subject to the following. reasonably pertain to the loss or damage. Further, if re- (t) where no subsequent improvement has been 13. SUBROGATION UPON PAYMENT quested by any authorized representative of the Company, made, as to any partial loss, the Company shall only pay the OR SETTLEMENT. the insured claimant shall grant its permission, in writing, for loss pro rata in the proportion that the amount of insurance any authorized representative of the Company to examine, at Date of Policy bears to the total value of the insured estate (a) The Company's Right of Subrogation. inspect and copy all records, books, ledgers, checks, cor- or interest at Date of Policy; or (ii) where a subsequent im- Whenever the Company shall have settled and paid a respondence and memoranda in the custody or control of a provement has been made, as to any partial loss, the Com- claim under this policy, all right of subrogation shall vast in third party, which reasonably pertain to the loss or damage. pany shall only pay the loss pro rata in the proportion that the Company unaffected by any act of the insured claimant. All information designated as confidential by the insured 120 percent of the Amount of Insurance stated in Schedule The Company shall be subrogated to and be entitled to all claimant provided to the Company pursuant to this Section A bears to the sum of the Amount of Insurance stated in rights and remedies which the insured claimant would have shall not be disclosed to others unless, in the reasonable Schedule A and the amount expended for the improvement. had against any person or property in respect to the claim judgment of the Company, it is necessary in the administra- The provisions of this paragraph shall not apply to costs, had this policy not been issued. If requested by the Com- tion of the claim. Failure of the insured claimant to submit for attorneys' fees and expenses for which the Company is li- pany, the insured claimant shall transfer to the Company all examination under oath, produce other reasonably re- able under this policy, and shall only apply to that portion of rights and remedies against any person or property neces- quested information or grant permission to secure reasona- any loss which exceeds, in the aggregate, 10 percent of the sary in order to perfect this right of subrogation. The insured bly necessary information from third parties as required in Amount of Insurance stated in Schedule A. claimant shall permit the Company to sue, compromise or this paragraph, unless prohibited by law or governmental settle in the name of the insured claimant and to use the regulation, shall terminate any liability of the Company (c) The Company will pay only those costs, attorneys' of the insured claimant in any or litigation under this as to that claim. fees and expenses incurred in accordance with Section 4 of name y g policy these Conditions and Sstipulations. involving these rights or remedies. 6. OPTIONS TO PAY OR OTHERWISE SETTLE If a payment on account of a claim does not fully coverthe CLAIMS: TERMINATION OF LIABILITY. 8• APPORTIONMENT. loss of the insured claimant, the Company shall be subro- gated to these rights and remedies In the proportion which In case of a claim under this policy, the Company shall If the land described in Schedule (A) consists of two or the Company's payment bears to the whole amount of the have the following additional options: more parcels which are not used as a single site, and a loss loss. is established affecting one or more ofthe parcels but not all, If loss should result from any act of the insured claimant, (a) To Pay or Tender Payment of the Amount of Insur- the loss shall be computed and settled on a pro rata basis as as stated above, that act shall not void this policy, but the ance. if the amount of insurance underthis policy was divided pro Company, in that event, shall be required to pay only that To pay or tender, payment of the amount of insur- rata as to the value on Date of Policy of each separate parcel part of any losses insured against by this policy which shall ance under this policy together with any costs, attorneys' to the whole, exclusive of any improvements made sub- exceed the amount; if any, lost to the Company by reason of fees and expenses incurred by the insured claimant, which sequent to Date of Policy, unless a liability or value has the Impairment by the Insured claimant of the Company's were authorized by the Company, up to the time of payment otherwise been agreed upon as to each parcel by the Com- right of subrogation. or tender of payment and which the Company is obligated to pany and the insured at the time of the issuance of this policy pay, and shown by. an express statement or by an endorsement (b) The Company's Rights Against Non-Insured Upon the exercise by the Company of this option, all liabil- attached to this policy. Obligors. ity and obligations to the insured u nder th is pol icy, other than The Company's right of subrogation against non- to make the payment required, shall terminate, including 9. LIMITATION OF LIABILITY. insured obligors shall exist and shall include, without limits- any liability or obligation to defend, prosecute, or continue (a) If the Company establishes the title, or removes tton, the rights of the insured to indemnities, guaranties, % any litigation, and the policy shall be surrendered to the the alleged defect, lien or encumbrance, or cures the lack of other policies of'insurance or bonds, notwithstanding any Company for cancellation. a right of access to or from the land, or cures the claim of un- terms or conditions contained in those instruments which (b) To Pay or Otherwise Settle With Parties Other marketability of title, all as insured, in a reasonably diligent provide for subrogation rights by reason of this policy. than the Insured or With the Insured Claimant. manner by any method, including litigation and the comple- (Continued on back) CONDITIONS AND STIPULATION - ' (Continued from inside back cover) 14. ARBITRATION. ing party. Judgment upon the award rendered by the Arbit- (c) No amendment of or endorsement to this policy rator(s) may be entered in any court having jurisdiction can be made except by a writing endorsed hereon or at- Unless prohibited by applicable law, either the Company thereof. tached hereto signed by either the President, a Vice Presi- or the Insured may demand arbitration pursuant to the Title The law of the situs of the land shall apply to an arbitration dent, the Seastary, an Assistant Secretary, or validating of- Insurance Arbitration Rules of the American Arbitration As- under the Title Insurance Arbitration Rules. f cer of authorized signatory of the Company. soclatk n. Arbitrable matters may include, but are not limited A copy of.the Rules may be obtained from the Company to, any controversy or claim between the Company and the upon request. 16. SEVERABILITY. Insured arising out of or relating to this policy, any service of the Company in connection with Its Issuance or the breach 15. LIABLITY LIMITED TO THIS POLICY; In the.event any provision of this policy is held.invalid or of a policy;provision.or other obligation. All arbitrable mat- POLICY ENTIRE CONTRACT. unenforceable under applicable law, the policy shall be ters when the Amount of Insurance 'is $1,000,000 or less deemed not to include that provision and all other provisions shall be arbitrated at the option of either the Company or the (a) This policy together with all endorsements, if any, shall remain in full force and effect. Insured. All arbitrable matters when the Amount of Insur- attached hereto by the Company Is the entire policy and ante Is In excess of $1;000,000 shall be arbitrated only contract between the insured and the Company. In interpret- 17. NOTICES, WHERE SENT. when agreed to by both the Company and the Insured. Arbi- ing any provision of this policy, this policy shall be construed tration pursuant to this policy and under the Rules in effect as a whole, statement All notices required to be given the Company and any Company on the date the demand for arbitration is made or, at the (b) Any claim of loss or damage, whether or not shall Include the he number umber of f this be policy licyed and .the shall be ad- opton of the insured, the Rules in effect at Date of Policy based on negligence, and which arises out of the status of dressed to the Company at 1515 S.W. Fifth Avenue, Port- shall be binding upon the parties. The award may include at- the title to the estate or Interest covered hereby or by any ac- land, Oregon 97201. tomeys' fees only If the laws of the state in which the land is tion asserting such claim, shall be restricted to this policy. located permit a court to award attorneys' fees to a prevall- ALTA Owner's Policy (10/17/92) SCHEDULE A Date of Policy: August 29, 1997 At: 4:16 p.m. Policy No.: 800420w Amount of Insurance: $978,377.44 Order No.: 800420w Premium: $2,183.50 1. Name of Insured: The City of Tigard, an Oregon municipal corporation 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest 'in the land is vested in: The City of Tigard, an Oregon municipal corporation 4. The land referred to in this policy is situated in the State of Oregon, County of Washington and is described as follows: (Continued) Owne_ s Policy No.: 800420w SCHEDULE A, CONTINUED Legal Description, Continued PARCEL C A parcel of land lying in the Southwest one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that particular tract described in Document No. 83-014674 as Parcel II in conveyance to Homer G. Williams and described as follows: Beginning at a one and one-half inch iron pipe marking the Southwest corner of the A. Lipman Tract as recorded in Book 153 Page 313, Washington County Deed Records; thence North 010 02' 16" East along the West line of said Lipman Tract 45.82 feet; thence North 740 00' 53" West 106.77 feet; thence Northwesterly 761.40 feet along a 465.00 foot radius curve to the right, the chord of which bears North 270 06' 23" West 679.14 feet; thence Northerly 393.52 feet along a 535.00 foot radius curve to the left, the chord of which bears North 010 16' 01" West 384.69 feet; thence North 830 36' 41" West 81.72 feet; thence Southerly 381.35 feet along a 465.00 foot radius curve to the right, the chord of which bears South 030 41' 22" East 370.75 feet; thence Southeasterly 850.09 feet along a 535.00 foot radius curve to the left, the chord of which bears South 250 43' 04" East 763.44 feet; thence South 830 52' 03" East 146.,67 feet to the point of beginning:. PARCEL D A parcel of land lying in the Southeast one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being a portion of that tract described as Parcel V in document No. 83-014674 and more particularly described as follows: Beginning at a one and one-half inch iron pipe marking the Southwest corner of the A. Lipman Tract as recorded in Book 153 Page 313, Washington County Deed Records; thence North 010 02' 16" East along the West line of said tract 45.82 feet; thence South 740 00' 5311 East 174.11 feet; thence North 890 16' 25" West 168.22 feet to the point of beginning. ALTA Owner's Policy (10/17/92) Policy No.: 800420w SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or-assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest, 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, not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights or claims or title to water. 4. Any lien, or right to a lien, for taxes, worker's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 6. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated February 16, 1953 Recorded February 27, 1953 in Book 341 Page 598 In favor of Portland General Electric Company, a Corporation of Oregon For Electrical lines, telephone lines, together with such poles, wires, guys, and facilities as may be reasonably connected therewith or appurtenant thereto Affects Exact location cannot be determined from the information provided in the recorded easement instrument 7. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated July 10, 1968 Recorded October 11, 1968 in Book 720 Page 515 In favor of City of Tigard For Underground sewer line and appurtenances 8. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated February 2,, 1970" Recorded February 6, 1970 in Book 770 Page 759 In favor of City of Tigard, a municipal corporation of Oregon For Underground sewer line and appurtenances (Continued) Owne- a Policy No.: 800420w SCHEDULE B, CONTINUED Exceptions, Continued 9. Access Easement Agreement, including the terms and provisions thereof, Dated December 12, 1978 Recorded December 19, 1978 as Recorder's Fee No. 78055158 By and between Frank L. Hale and Miller & Gulick, Inc. AND Alex Finke and Lotti I. Finke, and Gordon R. Martin 10. Conveyance, Easements and Covenants Agreement, including the terms and provisions thereof, Dated January 10, 1992 Recorded January 15, 1992 as Recorder's Fee No. 92002831 Re-Recorded January 22, 1992 as Recorder's Fee No. 92004083 By and between Western-Duff Tigard Partners, a California General Partnership AND Super Valu Stores, Inc., a Delaware Corporation Second Amendment to Agreement of Conveyance, Easement and Covenant, Recorded March 20, 1995 as Recorder's Fee No. 95017634 NOTE: No "FIRST AMENDMENT" appears of record. 11. Restrictive covenants to waive future rights of remonstrance against the formation of a local improvement district, Recorded September 16, 1993 as Recorder's Fee No. 93076023 Type of Improvement Street 12. Restrictive covenants to waive future rights of remonstrance against the formation of a local improvement district, Recorded September 16, 1993 as Recorder's Fee No. 93076024 Type of Improvement Street 13. Covenant and Agreement Regarding Maintenance of Building, including the terms and provisions thereof, Dated September 24, 1993 Recorded October 1, 1993 as Recorder's Fee No. 93081051 Re-Recorded April 6, 1994 as Recorder's Fee No. 94-033037 By and between City of Tigard AND Supervalu Holdings, Inc. (Continued) 1 ' Owne_ a Policy No.: 800420w SCHEDULE B, CONTINUED Exceptions, Continued 14. Declaration of covenants, conditions, restrictions, and reciprocal easements and/or setbacks including the terms and provisions thereof, imposed by instrument, Dated' August 30, 1993 Recorded October, 1, 1993 as Recorder's Fee No. 9.308.1054 NOTE This exception omits from said instrument any covenant condition or restriction based on race, color, religion, sex, handicap, familial status or national origin as provided in 42 USC Sec. 3604, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 USC Sec. 3607, or (c) relates to a handicap, but does not discriminate against handicapped people. 14a. Said covenants, conditions, restrictions and easements and/or setbacks were amended by instrument entitled First Amendment, Dated March 29, 1995 Recorded April 11, 1995 as Recorder's Fee No. 95024984 15. Conditions, restrictions, easements and/or setbacks as disclosed by the recorded plat of PARTITION PLAT NO. 1995-013, Recorded February 24, 1995 in Plat Book 1995 Page 013 lp -O'DONNELL RAMIS CREW CORRIGAN & BACHRACH JEFF, H. BACHRACH ATTORNEYS AT LAW CLACKAMAS COUNTY OFFICE PAMELA J. BEERY 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 MARK L. BUSCH Portland, Oregon 97209 Canby, Oregon 97013 D. DANIEL CHANDLER,++ TELEPHONE: (503)266-1149 DOMINIC G. COLLETTA** TELEPHONE: (503) 2224402 CHARLES E. CORRIGAN* FAX: (503) 243-2944 STEPHEN F. CREW VANCOUVER, WASHINGTON OFFICE MARTIMC. DOLAN First Independent Place PAUL C. ELSNER PLEASE REPLY TO PORTLAND OFFICE 1220: Main Street, Suite 451 GARY F. FIRESTONE* Vancouver, Washington 98660-2964 WILLIAM E. GAAR TELEPHONE: (360) 699-7287 G. FRANK HAMMOND* FAX: (360) 699-7221 MALCOLM JOHNSON* September 10, 1997 MARK P. O'DONNELL JAMES E. OLIVER, JR. JAMES M. COLEMAN TIMOTHY V. RAMIS SUSAN J. WIDDER WILLIAM J. STALNAKER SPECIAL COUNSEL " ALSO ADMITTED TO PRACTICE IN WASHINGTON ALSO ADMITTED TO PRACTICE IN CALIFORNIA ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA Mr. Wayne Lowry VIA CERTIFIED MAIL Finance Director RETURN RECEIPT REQUESTED City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Waremart Property Purchase - Title Policy Dear Wayne: Enclosed with this letter please find the title policy issued by Oregon Title Insurance in the amount of $978,377.44 for the Waremart property. We have verified that the policy was issued in accordance with our instructions and that various exceptions which appeared on the preliminary report were removed and do not show as exceptions to title in the enclosed policy. We have retained a copy for our file, but are forwarding the original to you for safe keeping. Please call me if you have any questions. Very t yours, nic G. Colletta DGC/nak Enclosure cc: William A. Monahan (w/o encl.) Charles E. Corrigan (w/o encl.) it /r A T,7~ Grey ~ . /y 1111s MAP IS PROVIDED AS A C' -RTESY Or OREGON TITLE. INSUIV COMPANY N 'I'bis mnp is made solely for the purpose of assisting in locnting said premises, and the Company nssumes no linbility for variations, if any, in diniensions, wrens, 6h- mid locations nscertnined by actual survey. , wJ .Stiff . i \V J x.,• itr.a tlf/IN.OlN/U t.es•ett 's3f5 0 . u nf.s ° . \ at eon f4 too,, ou•ff 128.96 ` R ~thr N, 2 00 lofep 6. JAe. \ 7 I ! 2004 S ° Y' R • 1 .J/Ac. 1 ; Rom z ^ taf~ J 4500 9.09Ae. ti y 7 25, VV Y C •t 2503 \2 Z. At. 4 4300 ACATEO + 93- • J. JJAC. - - T Y (C. S. 24,3891 w IC. S. 2a,9731 ' (C.s. 25,160) _ i Y { 2 ~ •zi f t i / i s Pis w b: its i - ftf.ff \ PARCEX. "C" ; 00 \ y~• 1 PT. 2 ~f Q .1f f trJ . • , t~~Pt 2 Y e:4.f 3 w f:! 4A 1 ~f 4400 PARCEL "C" 2 x PT. TRACT e~ ~O'~' LTJ 4f. n 4200 +t~ b9AC. s'~'►+.q 4601 A ( PARCEL "D" s w Oi•... w 'YRN•Or Ito/!)1 ' - t ~ 0 T~'Pr•rp Iff.tt ;cfmc.. u :