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2001-112166 RETURNRECORDE DO TO: ' 'CITY HALL RECORDS DEPAW MENT, S YE OF OREGON SS CITY OF TIGARD County of Washington 13125 SW Hall Blvd. T Tigard, OR 97223 I, Jerry of Assess- ment an d , o County r!. Clerk for rtify that the with' eceived 1NDMDUAL and re f said t n county j * t * File No. 342 3` irector of " axation, Ex- \ Jerk WARRANTY DEED - STATUTORY FORM Doc 2001112166 Rect: 291115 179.00 ROAD RIGHT-OF-WAY 10/31/2001 01: 57:14pm WASHINGTON COUNTY 2001-112166 LIIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII III IIII Space abov, ion Todd St. John and Suzanne R. Slavich, Grantors, convey, warrant, and dedicate to the City of Tigard, Grantee, for the purpose of road and utility improvements, for public road right-of-way, the following described real property free of encumbrances except as specifically set forth herein, situated in Washington County, Oregon, to-wit: Q See Attached Exhibit "A" The said property is free from all encumbrances. The true consideration for this conveyance is $147,000.00. o THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED 'IN THIS J INSTRUMENT JN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE. Q TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING o DEPARTMENT TO VERIFY APPROVED USES. Q z Q IN SS OF, I hereunto set my hand on this bOd,, day of 2001 Signature Signature Tax Statement Mailing Address Mailing Address STATE OF OREGON) WASHINGTON COUNTY REAL PROPERTY TRANSFER TAX ss. sr., $ HIM 14-31'01 County A64 FEE PAID DATE This instrument was acknowledged before me on October 30, 2001 by: Todd St. John and Suzanne R. Slavich. OFFICIAL SEAL CHERYL M023NM Notary's Si tune NOTARY PUBLIC-OREGON My Commission Expires: - - COMMISSION NO. 31056 - - - - MY COMMISSION EXPIRES APR 29, 2002 Accepted on behalf of the City of Tigard this *3 L_ day of QC40 20 O . Q City Engineer I:\en0\2001-2002 ty dplpaarde-phase 2\warranty dead - st John & slavlch.doc , l-3 EXHIBIT ",ss A tract of land situated in the Northeast one quarter of the Northwest one quarter of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, more particularly described as follows: Beginning at a point on the South line of County Road No. 411, (Gaarde Road) South 89041' West, 346.5 feet and South 0°26' West, 20 feet from the Northeast corner of the Northwest one quarter of Section 10, Township .2 South, Range, 1 West of the Willamette Meridian, Washington County, Oregon; thence South 0°26' West, 187.5 feet; thence North 89°34' West, 85.93 feet to its intersection with a curve to the left whose chord bears North 12045138" East having a radius of 65 feet and a center angle of 24039'36"; thence right, along the arc of said curve to the left, a distance of 27.98 feet; thence North 0026' East, 160.38 feet to a point on the South line of County Road No. 411 (Gaarde Road); thence North 89°41' East along the South line of said County Road No. 411, 80 feet to the place of beginning; EXCEPTING THEREFROM that portion, of land conveyed to the public, as described in Deed recorded December 31. 1998 as Recorder's Fee No. 98148932; ALSO EXCEPTING THEREFROM that portion of land conveyed to the public, as described in Deed recorded December 31, 1998 as Recorder's Fee No. 98148933, Washington County Records. Agreement of Purchase and Sale - Gaarde Street Improvements - File No. 323B Todd.St. John & Susan Slavich Page 12 of 14 ` t6 ff I~p Fidelity National Title Company of Oregon N ester ~ tc: Map # 2S 110 BA 00300 W S E The drawing below is copied from the public reoords aced is provided solely for the purpose of assisting in locating the premises. Fidelity National Title assumes no liability for vuiatiom if any, in dimanisai• aces or location of the pre nines or the location of improvanaeu ascertained by actual survey. ` r v C Y v > > > IY. ,vim ~Y ~L ~ ,C ,^,•~I ~ ~ . .r 11 11 1% 1, • % I ♦IC+ ,i ' I .I `ICI i ♦ ♦i ,S.• II<~ II~♦ II♦` .I •f i I % % % Pul 1W ST4 130.00 109.50 68148933 i 6 ta8ti-41-0oW 55.40 104. 31.26 B8.o0 F7567.00 37.82 81400 8 1300 2 ti 0 783 0 4 0 .33 AC A 3 AC 0AC 7600 770 r r S. a 1 7.3 36.77_ 54.28 11 82.58 87.00 29.95_29. 6 80.00 - 103.50 R it a~184 O E 9814899? , e SW 4 MOO 9N .43 85.76 'dr m•,p,, I 88.45 40 ~b Q• 9300 -0 42' 8200 1 611 ^3 18 ~ Cl 7 m g 0 1200 o c 400 tt7 W m a X48 AC .37 AC 104.00 l 1 4J 87.22 89.2 1o2Ao . 8E 800 9200 0 i 131.75 •7H :4C n 131.75 17 c+ q 8 8 m 0 TFi W to ' W 1100 m 8 500 tt~ 102.00 ~m .27 AC m .2&AC _ 9160 $ = 80.50 100. 131.75 131,75 1 tF^ 8400 .18 A S8&41-OOW CC) 9 33 9000 S 44 1 1000 8 $OQ 15 401 6 e~,$ a n .35 AC <<7 S 35 AC 104.00 850( 10 r` p 9, ~ 131.75 131.75 ttl 8900 01 %P r 61K?? 11: 14 a. ~a aa.41 s>> Agreement of Purchase and Sale - Gaarde Street Improvements - File No. 3238 page 13 of l'4 Todd St. John & Susan Slavich FIDELITY NATIONAL TITLE INSURANCE. COMPANY Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 300 Irvine, CA 92614-6253 6. OPTIONS TO PAY OR OTHERWISE SETTS .;LATHS; TERMINATION 11. LIABILITY NONL--AULATIVE OF LIABILITY It is expressly understood that the amount of insurance under this policy shall In case of a claim under this policy, the Company shall have the following addi- be reduced by any amount the Company may pay under any policy insuring a roor- tional options: tgage to which exception is taken in Schedule B or to which the insured has agreed the Amount of Insurance. is assumed, or taken subject, or which is hereafter executed by an insured and which (a) Payment of oftht insurance under this a charge or lien on the estate or interest described or referred to in Schedule To To Pay Pay or or pay tender Tender payment of the policy together A, and the amount so paid shall be deemed a payment under this policy to the with any costs, attorneys' fees and expenses incurred by the insured claimant, which insured owner were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. 12. PAYMENT OF LOSS . Upon the exercise by the Company of this option, all liability and obligations (a) No payment shall be rude without producing this policy for endorsement of to the insured under this policy, other than to make the payment required, shall the payment unless the policy has been lost or destroyed, in which case proof of terminate, including any liability or obligation to defend, prosecute, or continue loss or destruction shall be furnished to the satisfaction of the Company. any litigation, and the policy shall be surrendered to the Company for cancellation. (b) When liability and the extent of loss or damage has been definitely fixed in (b) To Pa Otherwise Settle With Parties Other than the Insured accords= with these Conditions and Stipulations, the loss or damage shall be payable Y or within 30 days thereafter. Or With the Insured Claimant. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (i) to pay or otherwise settle with other parties for or in the name of an insured (a) The Company's Right of Subrogation. claimant any claim insured against tinder this policy, together with any costs, at- torneys' fees and expenses incurred by the insured claimant which were authorized Whenever the Company shall have settled and paid a claim tinder this policy, by the Company up to the time of payment and which the Company is obligated all right of subrogation shall vest in the Company unaffected by any act of the in- to pay; or sured claimant. (u) to pay or otherwise settle with the insured claimant the loss or damage pro- The Company shall be subrogated to and be entitled to all rights and remedies vided for under this policy, together with any costs, attorneys' fees and which the insured claimant would have had against any person or property in respect expenses incurred by the insured claimant which were authorized by the Company to the claim had this policy not been issued. If requested by the Company, the in- up to the time of payment and which -die Company is obligated to pay. sured claimant shall transfer to the Company all rights and remedies against any Upon the exercise by. the Company of either of the options provided form paragraphs person or property necessary in order to perfect this right of subrogation. The in- (b)(i) or (ii), the Company's obligations to the insured under this policy for the sured claimant shall permit the Company to sue, compromise or setae in the name claimed loss or damage, other than the payments required to be made, shall ter- of the insured claimant and to use the name of the insured claimant in any transac- minate, including: any liability or obligation to defend, prosecute or continue any tion or litigation involving these rights or remedies. litigation. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the pro- 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE portion which the Company's payment bears to the whole amount of the loss. This policy is a contract of indemnity against actual monetary loss or damage If loss should result from any act of the insured claimant, as stated above, that sustained or incurred by the insured claimant who has suffered loss or damage by act shall not void this policy, but the Company, in that event, shall be required reason of matters insured against by this policy and only to the extent herein described. to pay only that part of any losses insured against by this policy which shall exceed (a) The liability of the Company under this policy shall not exceed the least of. the amount, if any, lost to the Company by reason of the impairment by the insured (i) the Amount of Insurance stated in Schedule A; or, claimant of the Company's right of subrogation. (ii) the difference between the value of the insured estate or interest as insured (b) The Company's Rights Against Non-insured Obligors. and the value of the insured estate or interest subject to the defect, lien or encum- The Company's right of subrogation against non-insured obligors shall exist and brance insured against by this policy. shall include, without limitation, the rights of the insured to indemnities, guaranties, (b) In the event the Amount of Insurance stated in Schedule A at the Date of other policies of insurance or bonds, notwithstanding any terms or conditions con- Policy is less than 80 percent of the value of the insured estate or interest or the twined in those instruments which provide for subrogation rights by reason of this full consideration paid for the estate or interest, whichever is less, or if subsequent policy. to the Date of Policy an improvement is erected on the land which increases the 14. ARBITRATION value of the insured estate or interest by at least 20 percent over the Amount of Unless prohibited by applicable law, either the Company or the insured may de- Insurance stated in Schedule A, then this Pol icy is subject to the following: mend arbitration pursuant to the Title Insurance Arbitration Rules of the American (i) where no subsequent improvement has been made, as to any partial loss, Arbitration Association. Arbitrable matters may include, but are not limited to, any the Company shall only pay the loss pro rata in the proportion that the amount of controversy or claim between the Company and the insured arising out of or relating insurance at Date of Policy bears to the total value of the estate or interest at Date this policy, any service of the Company in connection with its issuance or the (ii) or ~ to of Policy. where a subsequent improvement has been made, as to any partial loss, breach of a policy provision or other obligation. All arbitrable matters when the Amount of the Company shall only pay the loss pro rata in the proportion that 120 percent Insurance is d. or less shall r arbitrated at the option either Insurance of the Amount. of Insurance stated in Schedule A bears to the sum of the Amount the Company or the insured. All l arbitrable matters when the Amount of Ins of Insurance stated in Schedule A and the amount expended for the improvement.. sin excess of $1,000,000 . Arbitration shall arbitrated only when agreed to both the Com- date inns the uredured' demand for r arbitration pursuant is to this made or, and under the Rules in The, provisioi s of this paragraph shall not apply to costs, attorneys' fees and ex- eeffnyect oand n th the the e insured. penses for whch the Company is liable under this policy, and shall only apply to , at the option of the insured, that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount the Rules in effect at Date of Policy shall be binding upon the parties. The award Schedule A. may include attorneys' fees only if the laws of the state in which the land is located of Insurance stated in (c) The Company will pay only those costs, attorneys' fees and expenses incurred award a ordcourtered to award attorneys' fees to prevailing party. Judgment upon the in accordance with Section 4 of these Conditions and Stipulations. award by the Arbitrator(s) may be entered in any court having jurisdiction thereof. 8. APPORTIONMENT The law of the sites of the land shall apply to an arbitration under the Title In- If the land described in Schedule A consists of two or more parcels which are surance Arbitration Rules. not used as a single site, and a loss is established affecting one or more of the parcels A copy of the Rules may be obtained from the Company upon request. but not all, the loss shall be computed and settled on a pro rata basis as if the amount 15 LIABILITY LWIED TO THIS POLICY; POLICY ENTIRE CONTRACT of insurance under this policy was divided pro rata as to the value on Date of Policy _ (a) This policy together with all endorsements, if any, attached hereto by the Com- of each separate parcel to the whole, exclusive of any improvements made subse- pany is the entire policy and contract between the insured and the Company. In quent to Date of Policy, unless a liability or value has otherwise been agreed upon interpreting any provision of this policy, this policy shall be construed as a whole. as to each parcel by the Company and the insured at the time of the issuance of (b) Any claim of loss or damage, whether or not based on negligence, and which this policy and shown by an express statement or by an endorsement attached to arises out of the status of the title to the estate or interest covered hereby or by this policy. any action asserting such claim, shall be restricted to this policy. 9. LIMHATION OF LIABILITY (c) No amendment of or endorsement to this policy can be made except by a (a) If the Company establishes the title, or removes the alleged defect, lien or writing endorsed hereon or attached hereto signed by either the President, a Vice encumbrance, or cures the lack of a right of access to or from the land, or cures President, the Secretary, an Assistant Secretary, or validating officer or authorized the claim of unmarketability of title or otherwise establishes the lien of the insured signatory of the Company. mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed 16. SEVERABIIdTY its obligations with respect to that matter and shall not be liable for any loss or In the event any provision of the policy is held invalid or unenforceable under dame caused thereby applicable law, the policy shall be deemed not to include that provision and all other (b) ~n the event of any litigation, including litigation by the Company or with provisions shall remain in full force and effect. the Company's consent, the Company shall have no liability for loss or damage 17. NOTICES, WHERE SENT until there has been a final. determination by a court of competent jurisdiction, and All notices required to be given the Company and any statement in writing re- disposition of all appeals therefrom, adverse to the title as, insured. quired to be furnished the Company shall include the number of this policy and (c) The Company shall not be liable for loss or damage to any insured for liability shall be addressed to the Company at: voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. Fidelity National Title Insurance Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINA1ION OF National Claims Administration: LIABILITY 17911 Von Karman Avenue, Suite 300 All payments under this policy, except payments made for costs, attorneys' fees Irvine, CA 92614-6253 and expenses, shall reduce the amount of the insurance pro tanto. 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; (il) the character, dimensions or location 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 records at Date of Policy. (b) Any governmental 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 without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) crested, 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 law, that is based on. (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction crating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS reasonable cause) to represent the insured as to those stated causes of action and The following terms when used in this policy mean: shall not be liable for and will not pay the fees of any other counsel. The Company (a) "insured": the insured named in Schedule A. and, subject to any rights or will not pay any fees, costs or expenses incurred by the insured in the defense of defenses the Company would have had against the named insured, those who suc- those causes of action which allege matters not insured against by this. policy. seed to the interest of the named insured by operation of law as distinguished from (b) The Company shall have the right, at its own cost, to institute and prosecute purchase including, but not limited to, heirs, distributees, devisees, survivors, per- any action or proceeding or to do any other act which in its opinion may be necessary sonal representatives, next of kin, or corporate or fiduciary successors. or desirable to establish the title to the estate or interest, as insured, or to prevent (b) "insured claimant": an insured claiming loss or damage. or reduce loss or damage to the insured. The Company mma take any appropriate (c) "knowledge" or "known": actual knowledge, not constructive knowledge action under the terms of this policy, whether or not it shall be liable hereunder, or notice which may be imputed to an insured by reason of the public records as and shall not thereby concede liability or waive any provision of this policy. If the defined in this policy or any other records which impart constructive notice of mat- Company shall exercise its rights under this paragraph, it shall do so diligently. ters affecting the land. (d) "land": the land described or referred to in Schedule A. and improvements (c) Whenever the Company shall have brought an action or interposed a defense affixed thereto which by law constitute real property. The term "land" does as required or permitted the provisions of this policy, the Company may pursue not include any property beyond the lines of the area described or referred to in any litigation is final deto termination by a count of competent jurisdiction and ex- Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, pressly reserves the right, in its sole discretion, to appeal from any adverse judg- avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit ment or order. the extent to which a right of access to and from the land is insured by this policy. (d) In all cases where this policy permits or requires the Company to prosecute (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. or provide for the defense of any action or proceeding, the insured shall secure (f) "public records": records established under state statutes at Date of Policy to the Company the right to so prosecute or provide defense in the action or pro- for the purpose of imparting constructive notice of matters relating to teal property seeding, and all appeals therein, and permit the Company to use, at its option, the to purchasers for value and without knowledge. With respect to Section 1(a)(iv) name of the insured for this purpose. Whenever requested by the Company, the of the Exclusions From Coverage, "public records" shall also include environmen- insured, at the Company's expense, shall give the Company all reasonable and (i) tal protection liens filed in the records of the clerk of the United States district court in any action or proceeding, securing evidence, obtaining witnesses, prosecuting for the district in which the land is located. or defending the action or proceeding, or effecting settlement, and (ii) in any other (g) "unmarketability of the title": ; an alleged or apparent matter affecting the lawful act which in the opinion of the Company may be necessary or desirable to title to the land, not excluded or excepted from coverage, which would entitle a establish the title to the estate or interest as insured. If the Company is prejudiced by purchaser of the estate or interest described in Schedule A to be released from the the failure of the insured famish the required cooperation, the Company's obligation to purchase by virtue of a contractual condition requiring the delivery obligations to the insured under the policy shall terminate, including any li the of marketable title. or obligation to defend, prosecute, or continue any litigation, with regard to to the matter or matters requiring such cooperation. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE 5. PROOF OF LOSS OR DAMAGE The coverage of this policy shall continue in force as of Date of Policy in favor In addition to and after the notices required tinder Section 3 of these Conditions of an insured only so long as the insured retains an estate or interest in the land, and Stipulations have been provided the Company, a proof of loss or damage signed or holds an indebtedness secured by a purchase money mortgage given by a pur- and sworn to by the insured claimant shall be furnished to the Company within chaser from the insured, or only so long as the insured shall have liability by reason go days after the insured claimant shall ascertain the facts giving rise to the loss of covenants of warranty made by the insured in any transfer or conveyance of or damage. The proof of loss or damage shall describe the defect in, or lien or the estate or interest: This policy shall not continue in force in favor of any pur- encumbrance on the title, or other matter insured against by this policy which con- in- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- stuutes the basis of loss or damage and shall state, to the extent possible, the basis debtedness secured by a purchase money mortgage given to the insured. of calculating the amount of the loss or damage. If the Company is prejudiced by 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT the failure of the insured claimant to provide the required proof of loss or damage, The insured shall notify the Company promptly in writing (i) in case of any litiga- the Company's obligations to the insured under the policy shall terminate, including gard tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an in- any liability or obligation to defend, prosecute, or continue any litigation, with re sured hereunder of any claim of title or interest which is adverse to the title to the to the matter or matters requiring such proof of loss or damage. estate or interest, as insured, and which might cause loss or damage for which the In addition, the insured claimant may reasonably be required to submit to ezamina- Company may be liable by virtue of this policy, or (iii) if title to the estate or in- tion under oath by any authorized representative of the Company and shall produce temst, as insured, is rejected as unmarketable. If prompt notice shall not be given for examination, inspection and copying, at such reasonable times and places as to the Company, then as to the insured all liability of the company shall terminate may be designated by any authorized representative of the Company, all records, with regard to the matter or matters for which prompt notice is required; provided, books, ledgers, checks, correspondence and memoranda, whether bearing a date however, that failure to notify the Company shall in no case prejudice the rights before or after Date of Policy, which reasonably pertain to the loss or damage. of any insured tinder this policy unless the Company shall be prejudiced by the Further, if requested by any authorized representative of the Company, the insured failure and then only to the extent of the prejudice. claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED correspondence and memoranda in the custody or control of a third party, which CLAIMANT TO COOPERATE reasonably pertain to the loss or damage. All information designated as confidential (a) Upon written request by the insured and subject to the options contained in by the insured claimant provided to the Company pursuant to this. Section shall not Section 6 of these Conditions and Stipulations, the Company, at its own cost and be disclosed to others unless, in the reasonable judgment of the company, it is without unreasonable delay, shall provide for the defense of an insured in litigation necessary in the administration of the claim.. Failure of the insured claimant to sub- in which any third party asserts a claim adverse to •1-e title or interest as insured, mit for examination under oath, produce other reasonably requested information but only as to those stated causes of action allegi eefect, lien or encumbrance or grant permission to s reasonably necessary information from third parties or other matter insured against by this policy. Tl,. _ompany shall have the right as required in the above egtaph shall terminate any liability of the Company to select counsel of its own choice (subject to the right of the insured to object for under this policy as to that claim. Owner's Policy of Title Insurance Fulelay National Title Insurance Company Policy Number A Stock Company 27-31-92-1 9 7-6 6 5 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date ofPolicy 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 L 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 f om the land, The. Company will also pay the costs, attornevs' fees and expenses incurred in defense of the title, as insured, but onh to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Tifle Insurance Company ~S1S LE DNS BY So ATTEST President E1L 7~ D Secretary Countersigned: u ed Sig re ALTA Owner's Policy (10-17-92) FNTIC Form No.. 27-031-92 (1-4-93) SCHEDULE A Order No.: 01-111055-28 Policy No.: 27-031-92 197665 Amount of Insurance: $ 147,000.00 Premium Amount: .$573.00 Date of Policy: October 31, 2001 at 01:57 p.m. 1. Name of Insured: City of Tigard 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. Title to the estate or interest in the land is vested in: City of Tigard 4. The land referred to in this policy is situated in the County of Washington, State of Oregon, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VAUD ONLY IF SCHEDULE B IS ATTACHED Page 1 Owner's Standard Order No.: 01-111055-28 Policy No.: 27-031-92 197665 EXHIBIT "ONE" An Easement for Road And Utility purposes as created in that certain Warranty Deed from Todd St. John and Suzanne R. Slavich to The City of Tigard, Recorded on October 31, 2001, Document No. 2001112166 described as follows; A tract of land situated in the Northeast one quarter of the Northwest one quarter of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, more particularly described as follows: Beginning at a point on the South line of County Road No. 411, (Gaarde Road) South 89041' West, 346.5 feet and South 0026' West, 20 feet from the Northeast corner of the Northwest one quarter of Section 10, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon;. thence South 0026' West, 187.5 feet; thence North 89034' West, 85.93 feet to its intersection with a curve to the left whose chord bears North 12045'38" East having a radius of 65 feet and a center angle of 24039'36"; thence right, along the arc of said curve to the left, a distance of 27.98 feet, thence North 0026' East, 160.38 feet to a point on the South line of County Road No. 411 (Gaarde Road); thence North 89041' East along the South line of said County Road No. 411, 80 feet to the place of beginning; EXCEPTING THEREFROM that portion of land conveyed to the public, as described in Deed recorded December 31. 1998 as Recorder's Fee No. 98148932; ALSO EXCEPTING THEREFROM that portion of land conveyed to the public, as described in Deed recorded December 31, 1998 as Recorder's Fee No. 98148933, Washington County Records. Page 2 Owner's Standard Order No.: 01-111055-28 Policy No.: 27-031-92 197665 SCHEDULE B 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 the following: GENERAL EXCEPTIONS: 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, 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. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. City liens in favor of the City of Tigard, if any. 7. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of SW Gaarde Road., Affects: The Northerly portion of the herein described property Page 3 Owner's Standard Order No.: 01-111055-28 Policy No.: 27-031-92 197665 Page 4. IIIiI Fidelity National Title Company of Oregon _ N W E Map # 2S110BA 00300 S The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. 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