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91-011577 ~ Grant Street O'D01vNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW JEFF H.BACHRACH BALLOW&WRIGHT BUILDING CLACKAMAS COUNTY OFFICE CHARLES E.CORRIGAN* 1727 N.W.Hoyt Street 181 N.Grant, Suite 202 STEPHEN F.CREW Portland, Oregon 97209 Canby, Oregon 97013 CHARLES M. GREEFF (503) 266-1149 WILLIAM A.MONAHAN TELEPHONE: (503) 222-4402 NANCY B.MURRAY FAX: (503) 243-2944 MARK P. O'DONNELL JAMES M. COLEMAN DENNIS M. PATERSON III PLEASE REPLY TO PORTLAND OFFICE KENNETH M.ELLIOTT TIMOTHY V. RAMIS GARY M. GEORGEFF* SHEILA C. RIDGWAY* ROBERT J. McGAUGHEY* WILi.IAM J. STALNAKER April 8, 1991 Special Counsel 'Also Admitted to Practice in State of Washington Cathy Wheatley, City Recorder APR 0 9 19, i City of Tigard : P.O. Box 23397w�xaw-- 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: City of Tigard - Wetlands Conservancy Dear Cathy: Enclosed please find the original Bargain and Sale Deed from The Wetlands Conservancy, Inc. to the City of Tigard for the Grant Avenue property, which was recorded on March 11, 1991, as Washington County Recorder's Fee No. 91011577. I have also enclosed a copy of the Deed from the City to The Wetlands Conservancy, recorded on that same date as Washington County Recorder's Fee No. 91011578. Thank you for your cooperation in completing this exchange. Sincerely yours, O'DOFINELL, RAMIS, CREW & CORRIGAN Kenneth 1 iota KME/smc Enclosures cc: Mr. John W. Broome (w/Encs. ) KME\TIGARD\90027-1\WNEATLEY.I n 91011577 Washington County BARGAIN AND SALE DEED G KNOW ALL MEN BY THESE PRESENTS that The Wetlands Conservancy, Inc. , an Oregon nonprofit corporation, hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto the City of Tigard, hereinafter called grantee, and unto grantee's heirs, successors and assigns 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 of Oregon, described as follows, to wit: ^- See Exhibit "A", attached hereto and incorporated herein by reference. To Have and to Hold the same unto the said grantee and .,� grantee's successors and assigns forever, for public park and ... greenway use. z The true and actual consideration paid for this transfer, �¢ stated in terms of dollars, is $-0-. However, the actual consideration consists of or includes other property or value given ® or promised which is the whole consideration. w In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. +=- THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. IN WITNESS WHEREOF, the grantor has executed this instrument on this /54 day of t- € .? , 1991. GRANTOR: THE WETLANDS CONSERVANCY, INC. 4rHksNW. BROOME ident The Wetlands Conservancy, Inc. , an Oregon Nonprofit Corporation Page 1 - BARGAIN AND SALE DEED , /� 5 STATE OF OREGON ) t ) ss. County of 1A1-gSN'T-Nr.Td nl) The egoing instrument was acknowledged before me this l5 day of a d , 1991, by JOHN W. BROOME, President of THE WETLANDS CONS ANCY, INC. , an Oregon Nonprofit Corporation. ' ` ✓' N ry Public for Oregon . , I�i ; L) My Commission Expires: z- U f % AFTER RECORDING, RETURN TO: SEND ALL TAX STATEMENTS TO: Kenneth M. Elliott City of Tigard O'Donnell, Ramis, Crew & Corrigan- P.. O. Box 23397 Attorneys at Law Tigard, Oregon 97232 1727 NW Hoyt Street Portland, OR 97209 orec\tigard\coft.bs4/smc Page 2 - BARGAIN AND SALE DEED 2 Exhibit A Order No. W75167 Page No. 4 DESCRIPTION All of Lot 13, NORTH TIGARDVILLE ADDITION, in the City of Tigard, in the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, EXCEPT the South 409. 44 feet and also EXCEPTING the following: Beginning at a point which is the Southeasterly corner of the above described tract; thence, North 39053 ' East 66 feet to a point; thence, North 22129' West 78.95 feet to a point; thence South 76041 ' West 55.84 feet to a point; thence North 57140' West 138.50 feet to a point; thence, South 32118` West 71 feet to a point; thence, South 57040' East 234.60 feet to the point of beginning. Also except the parcel of land belonging to the City of Tigard described as follows: Beginning at the Northeasterly corner of Lot 13, NORTH TIGARDVILLE ADDITION; thence from said corner following the meander of Fanno Creek 290 feet more or less to the center of County Road ; 1496 (S.W. Grant Avenue) ; thence South 32018' West 24 feet more or less; thence South 33° 45` East 150 feet; thence South 51016' East 121.40 feet; thence South 30035' East 24.55 feet; thence Northerly to the place of beginning. EXHIBIT MAP zo8 yao rj01 NE 1/4 OF NW 1/4 OF SECTION 2 T2S RiW, W.M. z09 boo 3oz cQM 301 gD0 ��cqR goo 0 901 100o I S00 Q� 1801 a 110© 1900 leo ' 1501 180Z 1502 1400 i5o3 1500 Described Area tbai 1700 - �G 6 Q 2000 VO so N 1300 goo -N- s� soo WORTH 1000 NO SCALE -;zs STATE OF OREGON ` � ��8pr } County of Washington SS I,Jerry R. Hans r of Assessment and Taxation an ici rder of Con- veyances for cquntgr�.(li ere ertify that the within i. rWe"nt of wrifiri��" eceived and re or inbook0f,rQeorsrTs,4D ounty. Jerry- Hanseirt, it or of Amt Tati Ex- OffiotQ erk ,. Doc : 91011577 Rect: 50558 48, 00 03/11/1991 02: 22: 25PM c A e Insr ince ...min of G. egm POLICY OF TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY OF OREGON SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY OF OREGON, 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. t b CHICAGO TITLE INSURANCE COMPANY OF OREGON Issued by: By' CHICAGO TITLE INSURANCE COMPANY OF OREGON 10001 S. E. Sunnyside Road Clackamas, Oregon 97015 President (503) 653-7300 A"c. '1 ® C ttt tUPDRArt 0 By: . ~s °6 F.AuthorizedSignature. . .:'r. . . ALTA OWNER'S POLICY (4-6-90) Secretary Reorder Form No. 9452 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 location of any Improvement now or hereafter erected on the land; (iii) a separation in owner- ship or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or Qv) environmen- tal 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) 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. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: If prompt notice shall not be given to the Company, then as to the insured (a) "insured : the insured named in Schedule A,. and, subject to any all liability of the Company shall terminate with regard to the matter or mat- rights or defenses the Company would have had against the named insured, ters for which prompt notice is required; provided, however, that failure to those who succeed to the interest of the named insured by operation of law notify the Company shall in no case prejudice the rights of any insured under as distinguished from purchase including, but not limited to, heirs, distributses, this policy unless the Company shall be prejudiced by the failure and then devisees, survivors, personal representatives, next of kin, or corporate or only to the extent of the prejudice. fiduciary successors. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (b) "insured claimant": an insured claiming loss or damage. CLAIMANT TO COOPERATE (c) "knowledge" or "known": actual knowledge, not constructive (a) Upon written request by the insured and subject to the options con- knowledge or notice which may be imputed to an insured by reason of the tained in Section 6 of these Conditions and Stipulations, the Company, at public records as defined in this policy or any other records which impart its own cost and without unreasonable delay, shall provide for the defense constructive notice of matters affecting the land. of an insured in litigation in which any third party asserts a claim adverse (d) land": the land described or referred to in Schedule A, and im- provements to the title or interest as insured, but only as to those stated causes of action "land" does not affixed include thereto which by law constitute real property. The term alleging a defect, lien or encumbrance or other matter insured against by lands do any property beyond the lines the area descrier this policy. The Company shall have the right to select counsel ed or referred to streetsSchedule , rosary avenues, title, interest, estate or ease- of its choice (subject to the right of the insured to object for reasonable cause) ment in but n abutting streets, roads, , alleys, lanes, ways waterways, to represent the insured as to those stated causes of action and shall not but nothing herein shall modify or limit the extent to which a right of access be liable for and will not pay the fees of any other counsel. The Company to and from the land is insured by this policy. will not pay any fees, costs or expenses incurred by the insured in the defense ( `mortgage mortgage, deed of trust, trust deed, or other security of those causes of action which allege matters not insured against by this instrument.' (f) "public records": records established under state statutes at Date Policy* of Policy for the purpose of imparting constructive notice of matters relating (b) The Company shall have the right, at its own cost, to institute and pros- to real property to purchasers for value and without knowledge. With respect acute any action or proceeding or to do any other act which in its opinion to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall may be necessary or desirable to establish the title to the estate or interest, also include environmental protection liens filed in the records of the clerk as insured, or to prevent or reduce loss or damage to the insured. The Corn- of the United States district court for the district in which the land is located. pany may take any appropriate action under the terms of this policy, whether (g) "unmarketability of the title": an alleged or apparent matter affecting or not it shall be liable hereunder, and shall not thereby concede liability the title to the land, not excluded or excepted from coverage, which would or waive any provision of this policy. If the Company shall exercise its rights entitle a purchaser of the estate or interest described in Schedule A to be under this paragraph, k shall do so diligently. released from the obligation to purchase by virtue of a contractual condition (c) Whenever the Company shall have brought an action or interposed requiring the delivery of marketable title. a defense as required or permitted by the provisions of this policy, the Com- pany may pursue any litigation to final determination by a court of compe- l. The CONTINUATION this OF policy shall INSURANCE continue AFTER in force as of CONVEYANCE Date OF of TITLE tent jurisdiction and expressly reserves the right, in its sole discretion, to coverage y appeal from any adverse judgment or order. in favor of an insured only so long as the insured retains an estate or in- terest in the land, or holds an indebtedness secured by a purchase money (d) In all cases where this policy permits or requires the Company to or provide the o p insured given a purchaser from the insured, or only so long as the acute shall or secure to the the for the Company defense the of right to so action s t prosecute proceeding, defense insured shall have e liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy in the action or proceeding, and all appeals therein, and permit the Com- shall not continue in force in favor of any purchaser from the insured of pany to use, at its option, the name of the insured for this purpose. Whenever either (i) an estate or interest in the land, or (ii) an indebtedness secured requested by the Company, the insured, at the Company's expense, shall by a purchase money mortgage given to the insured. give the Company all reasonable aid (j) in any action or proceeding, secur- ing evidence, obtaining witnesses, prosecuting or defending the action or 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT proceeding, or effecting settlement, and (ii) in any other lawful act which The insured shall notify the Company promptly in writing (i) in case of in the opinion of the Company may be necessary or desirable to establish any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall the title to the estate or interest as insured. If the Company is prejudiced come to an insured hereunder of any claim of title or interest which is adverse by the failure of the insured to furnish the required cooperation, the Com- to the title to the estate or interest, as insured, and which might cause loss pa%s obligations to the insured under the policy shall terminate, including or damage for which the Company may be liable by virtue of this policy, any liability or obligation to defend, prosecute, or continue any litigation, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. with regard to the matter or matters requiring such cooperation. CONDITIONS AND STIPULATIONS • (Continued and Concluded on Last Page of this Policy) CONDITIONS AND STIPULATIONS - (Continued from Reverse Side of Policy Face) 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Con- amount of insurance at Date of Policy bears to the total value of the ditions and Stipulations have been provided the Company, a proof of loss insured estate or interest at Date of Policy; or or damage signed and sworn to by the insured claimant shall be furnished (ii) where a subsequent improvement has been made, as to any partial to the Company within 90 days after the insured claimant shall ascertain loss, the Company shall only pay the loss pro rata in the proportion that the facts giving rise to the loss or damage. The proof of loss or damage 120 percent of the Amount of Insurance stated in Schedule A bears to the shall describe the defect in, or lien or encumbrance on the title, or other sum of the Amount of Insurance stated in Schedule A and the amount ex- matter insured against by this policy which constitutes the basis of loss or pended for the improvement. damage and shall state, to the extent possible, the basis of calculating the The provisions of this paragraph shall not apply to costs, attorneys' fees amount of the loss or damage: If the Company is prejudiced by the failure and expenses for which the Company is liable under this policy, and shall of the insured claimant to provide the required proof of loss or damage, the only apply to that portion of any loss which exceeds, in the aggregate, 10 Company's obligations to the insured under the policy shall terminate, in- percent of the Amount of Insurance stated in Schedule A. cluding any liability or obligation to defend, prosecute, or continue any litiga- (c) The Company will pay only those costs, attorneys' fees and expenses tion, with regard to the matter or matters requiring such proof of loss or incurred in accordance with Section 4 of these Conditions and Stipulations. damage. 8. APPORTIONMENT In addition, the insured claimant may reasonably be required to submit to If the land described in Schedule A consists of two or more parcels which examination under oath by any authorized representative of the Company are not used as a single site, and a loss is established affecting one or more and shall produce for examination, inspection and copying, at such reasonable of the parcels but not all, the loss shall be computed and settled on a pro times and places as may be designated by any authorized representative rata basis as if the amount of insurance under this policy was divided pro of the Company, all records, books, ledgers, checks, correspondence and rata as to the value on Date of Policy of each separate parcel to the whole, memoranda, whether bearing a date before or after Date of Policy, which exclusive of any improvements made subsequent to Date of Policy, unless reasonably pertain to the loss or damage. Further, if requested by any autho- a liability or value has otherwise been agreed upon as to each parcel by rized representative of the Company, the insured claimant shall grant its the Company and the insured at the time of the issuance of this policy and permission, in writing, for any authorized representative of the Company shown by an express statement or by an endorsement attached to this policy. to examine, inspect and copy all records, books, ledgers, checks, cor- respondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as con- (a) If the Company establishes the title, or removes the alleged defect, fidential by the insured claimant provided to the Company pursuant to this lien or encumbrance, or cures the lack of a right of access to or from the Section shall not be disclosed to others unless, in the reasonable judgment land, or cures the claim of unmarketability of title, all as insured, in a of the Company, it is necessary in the administration of the claim. Failure reasonably diligent manner by any method, including litigation and the com of the insured claimant to submit for examination under oath, produce other pletion of any appeals therefrom, it shall have fully performed its obligations reasonably requested information or grant permission to secure reasonably with respect to that matter and shall not be liable for any loss or damage necessary information from third parties as required in this paragraph shall caused thereby. terminate any liability of the Company under this policy as to that claim. (b) In the event of any litigation, including litigation by the Company or 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compe- OF LIABILITY tent jurisdiction, and disposition of all appeals therefrom, adverse to the title In case of a claim under this policy, the Company shall have the following as insured. additional options: (c) The Company shall not be liable for loss or damage to any insured (a) To Pay or Tender Payment of the Amount of Insurance. for liability voluntarily assumed by the insured in settling any claim or suit To pay or tender payment of the amount of insurance under this policy without the prior written consent of the Company. together with any costs, attorneys' fees and expenses incurred by the in- sured claimant, which were authorized by the Company, up to the time of LIABILITY payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and oblige- All payments under this policy, except payments made for costs, attorneys' lions to the insured under this policy, other than to make the payment re- fees and expenses, shall reduce the amount of the insurance pro tanto. quired, shall terminate, including any liability or obligation to defend, pros- 11. LIABILITY NONCUMULATIVE ecute, or continue any litigation, and the policy shall be surrendered to the It is expressly understood that the amount of insurance under this policy Company for cancellation. shall be reduced by any amount the Company may pay under any policy (b) To Pay or Otherwise SetUe With Parties Other than the Insured insuring a mortgage to which exception is taken in Schedule B or to which or With the Insured Claimant. the insured has agreed, assumed, or taken subject, or which is hereafter (i) to pay or otherwise settle with other parties for or in the name of an executed by an insured and which is a charge or lien on the estate or in- insured claimant any claim insured against under this policy, together with terest described or referred to in Schedule A, and the amount so paid shall any costs, attorneys' fees and expenses incurred by the insured claimant be deemed a payment under this policy to the insured owner. which were authorized by the Company up to the time of payment and which 12. PAYMENT OF LOSS the Company is obligated to pay; or (a) No payment shall be made without producing this policy for endorse- (ii) to pay or otherwise. settle with the insured claimant the loss or damage ment of the payment unless the policy has been lost or destroyed, in which provided for under this policy, together with any costs, attorneys' fees and case proof of loss or destruction shall be furnished to the satisfaction of expenses incurred by the insured claimant which were authorized by the the Company. Company up to the time of payment and which the Company is obligated (b) When liability and the extent of loss or damage has been definitely to pay. fixed in accordance with these Conditions and Stipulations, the loss or damage Upon the exercise by the Company of either of the options provided for shall be payable within 30 days thereafter. in paragraphs (b)(i) or (ii), the Company's obligations to the insured under 13. SUBROGATION UPON PAYMENT OR SETTLEMENT this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, The Company's Right of Subrogation. prosecute or continue any litigation. Whenever the Company shall have settled and paid a claim under this 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE policy, all right of subrogation shall vest in the Company unaffected by any This policy is a contract of indemnity against actual monetary loss or act of the insured claimant. damage sustained or incurred by the insured claimant who has suffered The Company shall be subrogated to and be entitled to all rights and loss or damage by reason of matters insured against by this policy and only remedies which the insured claimant would have had against any person to the extent herein described. or property in respect to the claim had this policy not been issued. If re- (a) The liability of the Company under this policy shall not exceed the least quested by the Company, the insured claimant shall transfer to the Com- of: pany all rights and remedies against any person or property necessary in (i) the Amount of Insurance stated in Schedule A; or, order to perfect this right of subrogation. The insured claimant shall permit the difference between the value of the insured estate or interest the Company to sue, compromise or settle in the name of the insured claim- as in(ii) red and the value of the insured estate or interest subject to the defect, ant and to use the name of the insured claimant in any transaction or litiga- lien or encumbrance insured against by this policy. tion involving these rights or remedies. (b) In the event the Amount of Insurance stated in Schedule A at the Date If a payment on account of a claim does not fully cover the loss of the of Policy is less than 80 percent of the value of the insured estate or interest insured claimant, the Company shall be subrogated to these rights and or the full consideration paid for the land, whichever is less, or if subsequent remedies in the proportion which the Company's payment bears to the whole to the Date of Policy an improvement is erected on the land which increases amount of the loss. the value of the insured estate or interest by at least 20 percent over the If loss should result from any act of the insured claimant, as stated above, Amount of Insurance stated in Schedule A, then this Policy is subject to that act shall not void this policy, but the Company, in that event, shall be the following: required to pay only that part of any losses insured against by this policy (i) where no subsequent improvement has been made, as to any partial which shall exceed the amount if any, lost to the Company by reason of loss, the Company shall only pay the loss pro rata in the proportion that the the impairment by the insured claimant of the Company's right of subrogation. CONTINUED AND STIPULATIONS - ( Continued and Concluded From Reverse Side ) (b) The Company's Rights Against Non-insured Obligors. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT The Company's right of subrogation against non-insured obligors shall (a) This policy together with all endorsements, if any, attached hereto by exist and shall include, without limitation, the rights of the insured to indem- the Company is the entire policy and contract between the insured and the nities, guaranties, other policies of insurance or bonds, notwithstanding any Company. In interpreting any provision of this policy, this policy shall be terms or conditions contained in those instruments which provide for subroga- construed as a whole. tion rights by reason of this policy. (b) Any claim of loss or damage, whether or not based on negligence, 14. ARBITRATION and which arises out of the status of the title to the estate or interest covered Unless prohibited by applicable law, either the Company or the insured hereby or by any action asserting such claim, shall be restricted to this policy. May demand arbitration pursuant to the Title Insurance Arbitration Rules (c) No amendment of or endorsement to this policy can be made except of the American Arbitration Association. Arbitrable matters may include, but by a writing endorsed hereon or attached hereto signed by either the Presi- are not limited to, any controversy or claim between the Company and the dent, a Vice President, the Secretary, an Assistant Secretary,. or validating insured arising out of or relating to this policy, any service of the Company officer or authorized signatory of the Company. in connection with its issuance or.the breach of a policy provision or other 16. SEVERABILITY obligation. All arbitrable matters when. the Amount of Insurance is $1,000,000 In the event any provision of the policy is held invalid or unenforceable or less shalt, be arbitrated at .the option of either,the Company or the in- under applicable law, the policy shall be deemed not to include that provi- sured. All arbitrable matters when the Amount of Insurance is in excess of sign and all other provisions shall remain in full force and effect. $1,000,000 shall be arbitrated only when agreed to by both the Company 17. NOTICES, WHERE SENT and the insured. Arbitration pursuant to this policy and under the Rules in All notices required to be given the Company and any statement in writing effect on the date the demand for arbitration is made or, at the option of required to be furnished the Company shall include the number of this policy the insured, the Rules in effect at Date of Policy shall be binding upon the and shall be addressed to the Company at: parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Chicago Title Insurance Company of Oregon The law of the situs of the land shall apply to an arbitration under the Claims Department Title Insurance Arbitration Rules. P.O. Box 218 A_ copy of the Rules may be obtained from the Company upon request. Portland, Oregon 97207 SCHEDULE A Date of Policy: MARCH 11, 1991 at 2:23 p.m. Policy No.: W75167 Amount of Insurance: $5,000.00 Premium Amount: $200.00 1. Name of Insured: CITY OF TIGARD 2. The estate or interest in the land which is covered by this policy is: Fee Simple 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 described as follows: See following page Order No. W75167 Page No. 2 DESCRIPTION All of Lot 13, NORTH TIGARDVILLE ADDITION, in the City of Tigard, in the Northwest quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, EXCEPT the South 409.44 feet and also EXCEPTING the following: Beginning at a point which is the Southeasterly corner of the above described tract; thence, North 39053' East 66 feet to a point; thence, North 22029' West 78.95 feet to a point; thence South 76041' West 55.84 feet to a point; thence North 57°40' West 138.50 feet to a point; thence, South 32018' West 71 feet to a point; thence, South 57040' East 234.60 feet to the point of beginning. Also except the parcel of land belonging to the City of Tigard described as follows: Beginning at the Northeasterly corner of Lot 13, NORTH TIGARDVILLE ADDITION; thence from said corner following the meander of Fann o Creek 290 feet more or less to the center of County Road #1496 (S.W. Grant Avenue) ; thence South 32018' West 24 feet mote or less; thence South 331 45' East 150 feet; thence South 51016' East 121.40 feet; thence South 30135' East 24.55 feet; thence Northerly to the place of beginning. Order No. W75167 Page No. 3 SCHEDULE B Exceptions from coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: GENERAL EXCEPTIONS 1. a. 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. b. Proceedings by any 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. a. Easements, liens, encumbrances, interests or claims, thereof which are not shown by the public records. b. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown the public records. SPECIAL EXCEPTIONS 1. The premises herein described are within and.subject to the statutory powers including the power of assessment of the Unified Sewerage Agency of Washington County. 2. The rights of the public in and to that portion of the premises herein described lying within the limits of Southwest. Grant Avenue (County Road No. 1496) 3. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Fanno Creek. Order No. W75167 Page No. 4 03/13/91 cb r' OWNER'S INFLATION PROTECTION INDORSEMENT Attached to Policy No. W75167 Issued by CHICAGO TITLE INSURANCE COMPANY OF OREGON Dated: MARCH 11, 1991 Premium: NONE The Company, recognizing the current effect of inflation on real property valuation and intending to provide addtional monetary protection to the insured owner named in the policy, hereby modifies the policy, as follows: 1. notwithstanding anything contained in the policy to the contrary the amount of insurance provided by the 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 above, by increasing the maximum of insurance provided by the policy (as the amount may have been increased theretofore under the terms of this indorsement) by the same percentage, if any, by which the United States Department of Commerce Coposite Construction Cost Index (base period 1987) for the month of September immediately preceding exceeds the index based upon the preceding year or any previous year, provided, however, that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance stated in Schedule A of the policy, less the amount of any claim paid under the 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 the Construction Cost Index; 4. in the settlement of any claim against the Company under the 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 the date of receipt by the Company of the first notice of the claim, whichever shall first occur. This indorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior indorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior indorsements, nor does it extend the effective date of the policy and any prior indorsements, nor does it increase the face amount thereof. CHICAGO TITLE INSURANCE COMPANY 0 OREGO By: Authorized Signature 6.1 Indorsement Ch, s 1 p . , /'0 33Ac . asi° o Boo Gq 4 D / _ .w 3 -SSiosp--'~ = r _ _ 1.07 Ac. V _ 4 f 60~,~h b a ° - - 500 ° ° v o r (CS. No. 11701) -J ~f7.% F _s- 3/ P L~ f r h F 1T _ 40.• CA? ~OCN - r b - 59 J of a y _35Ac. - - N64o49 t .,i. rd - fi ~x ry 3AC. 9044' Igpp 2 = V ` ~ V1000 2 2.34 Ac 61 N~~ R p J 5 - otQ 05 8 Z r s° w 8 a - 110 0 B u v 64 Ac 0~ 57 O ~ Aj o o p~lc'pNS " 1190 ~s t /k o F l6 r T F 1501 45 .7BAc S'o F S • rr~„ ° 6~ sF705A~. V ti : `217 C',Q~~ 23 74~ Ms~°os i -1502 ,3 °17p. Qs A . /0 4c e k _ F 14 00 a 3.73Ac. ° a4 1500 ea 1503 28A c. tf .04.4 2S k N 16 00 s,°4175 (C. S. No. 11449) o w 1.20,4c 13 ~ 6 ro 6 12 O ~A. b ~ - J I 1 11,6 lb 1b 2pY °i r~ oh '>o 4~ 170 0 4o'w 5 j CHICAGO • p h ro9 ..This pjt is for your aid in e locating your L nd with reference to streets and other parcels. N oh While this plot is believed to be correct, the company assumes no liability for any foss occuring *Z ' op by reasoa of reliance thereon" 4fl - p° C.41CAGO TITLE IKSURV:CE COMPO" 10001 S.E. SUNNYSIDE RW OREGON %7025 CLACKAtAAS. d r2 ' F > d i