2007-129224 ~ 13335 SW Hall Boulevard
Washington County, Oregon 207.129224
1 12/180007 02:34:57 PM
1 - ` D-DV Cnt=1 Stn=18 D HOFFMAN
(O $10.0. AO $11.00 - Total = $20.00
RECORDING REQUESTED BY: 01197955200701292240020020
I, Richard Hobemlcht, Director of Assessment and _L,4`•'~
Fidelity National Title Company of Oregon Taxation and Ex-ORlclo County Clerk for Washington
County, Oregon, do hereby certify that the within
Instrument of writing was received and recorded In th e
GRANTOR'S NAME: bookofrecordsofsaldcou
Randy A. Schaltz and Margaret C. Schaltz Richard Hobemlcht, Director oof ::usmen
Taxation, Ex-O lclo County Clerk
GRANTEE'S NAME:
City of Tigard
SEND TAX STATEMENTS TO:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
AFTER RECORDING RETURN TO:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
13 Escrow No: 20070009667-FTPOR10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATUTORY WARRANTY DEED
Randy A. Schaltz and Margaret C. Schaltz, Grantor, conveys and warrants to City of Tigard, a municipal
rb corporation of the State of Oregon, Grantee, the following described real property, free and clear of
encumbrances except as specifically set forth below, situated in the County of Washington, State of
® Oregon:
Parcel 1, PARTITION PLAT NO. 1992-069, in the City of Tigard, Washington County, Oregon.
O Subject to and excepting: Taxes, covenants, conditions, restrictions, easements, rights of way,
U J and matters now of record.
J
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
F" SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER SECTIONS 2,3 AND 5 TO 22
OF CHAPTER 424, OREGON LAWS 2007 (BALLOT MEASURE 49 (2007)). THIS INSTRUMENT DOES
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
O APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
Q THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF
z LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED
IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
LLJ
ANY, UNDER SECTIONS 2, 3 AND 5 TO 22 OF CHAPTER 424, OREGON LAWS 2007 (BALLOT
In
LL_ MEASURE 49 (2007)).
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $580,000.00. (See
ORS 93.030)
DATED: December 14, 2007
See Grantee's acceptance Randy A. Schap
attached hereto.
Margaret C. chaltz
State of Oregon
County of Washington
TQrgare)u ent was acknowledged before me on December 0 -7 , 2007 by Randy A. Schaltz and
M Schaltz.
_ OFFICIAL SEAL
o ary Public - State of Oregon SAMUEL L. GOOLD
My commission expires: NOTARY PUBLIC-OREGON
COMMISSION NO. 388990
IIPV COMMISSION EXPIRES FEBRUARY 21, 2009
t ~
Dated this / day of
By its execution of this deed, the City of Tigard hereby approves this conveyance.
GRANTED
s
Craig Prosser, City Manager
Signed, ity of Tigard (Name and Title of Signing Official)
L,
STATE OF OREGON )
ss
COUNTY OF ~~h )
If This inst ment was signed before me on - by
C f ~J She r CT'
OFFICIAL SEAL Notary Public
i\ SAMUEL L. GOOLD c
It ` NOTARY PUBLIC OREGON My Commission expires: -a
. COMMISSION NO. 388990
MY COMMISSION EXPIRES FEBRUARY 21, 2009
osr v v..r•+n.„,.-r„e, v.„u.c,rw,n. d, woo, _
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AN~ I, ,t 0O
WAItNANTT DEED-STATUTUR FORM A `r 1 O(~ "
`r O
NOW& 0 FB<SOII_AND. D,0,WA_N X,U 6
..............Gran-,
819Bfiffi ARD
.
conveys and warranty to C.._SRUBGSS..._._
IJ _..~..R. ......................._._......c~.
" ..............Grantee, the following described read property free of encumbrances
ro•wrr.
except as specifically set forth herein situated in :R b1PB. 5.... County. Oregon,
r HERETO ON THE REVERSE AND X ADE A PART HERETO:
I
In w.cl naNe4rlnr. Co""" OnelnrrOn On event s'an
said property is free from encumbrances except
Eights of the public In and to that portion of property within limits of roads and
highrap. Eights of public and governmental bodies is portion of property lying
bairn the high water mart of Fenno creek . Easement recorded 9/7/62 in Book 471,
Bags IV.
The true comideratioo for this conveyance is E-.. _ (Rate comply with the requitement. .1 ORS 911.0")
M!►....~e..Emahaags..tsf..Other...ProPsrtY......................
1
Dated this ____,day of _..I!!.PACT........... 19 $1_...
1/~ 1
Bob G. N
r.1...............................
y STATE OF OREGON, County of WftGhIM.gtea.........)se. ....Jaaoarr.... 28 19.81....
Personally appeared the above named ......n0sll..Q~IIellgm..and.Dnma,.II...IIaL.m
..v.. I—-
and acknowled tegomg tmrrumomttoo~bbe..._ar...voluntary ad and deed.
Below me:....... oK!t~
. '.i (OrvmAL SBAL) Notary Public lot Oregon-My commission expires:...9r..'/+81._...._.........._....
'I
1 I 1rAgnAN77 bmw
STATE OF OREGON. if
°""NtOa ex.
.'Hicharl.j. IALLUi_.. owuntt _ Counts, of
I
S . I certily that the within insrru-
mend was received for record on the
r:: MN. w..rAee nun. w
..............goy of 19.........
i
s ' at....... o'clock .....M., and recorded
81a114td..IIA~Cnrgis__-..._..~.._... vsu .tssavm
Sy.Bpg~E ,ea in book/reef/volume Na on
R page ....................or m do mene/fee/fife/
_Po} 0 .9TZG .mam.Y. a.. '
;'.x inatrumem/adcrofifm no...... ................I
AAat..wa.sa sou Record of Deeds of said Bawdy.
a
anal a rFanes a ntw•slse, e9 r utw^as Witness my hand and seal of
7 W to wtt r a. /.1wiq eaa..a Coulay affixed.
wSM "..above
2=3~-l `
?2.957 a. .....Deputy
r. Is 7,11
pF
ILI
i
YJA151T "A"
A tract of land located in Section 2. Township 2 South, Range 1
West, Willamette Meridian, Washington County. Oregon, and described
as follows:
Beginning at a point in the Donation Land Claim of W. W. Graham
and wife, in Section 2, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, 6.25 chains South and 4.50
chains West of the one-quarter corner between Sections 1 and 2,
Township 2 South, Range 1 West, Willamette Meridian, said point
being in the centerline of State Highway #217 (County Road ¢227);
thence South 0°22' West along the centerline of State Highway
#217 (County Road #227) to its intersection with the centerline
of County Road #567 (Omara Street) from which an iron pipe bears
South 89 00' East 20.00 feet; thence North 89°00' West 515.30
feet along the centerline of County Road #567 (O'Mara Street) to
an iron pipe; thence North 01°25' East 347.60 feet to an iron rod;
thence South 83°O1' East 112.30 feet to an iron rod and true point
of beginning of the parcel herein described; thence North 0°22' West
50.40 feet to an iron rod; thence North 0°22' West 37.00 feet to the'
centerline of Fanno Creek; thence North 56°50' East 43.20 feet along the
centerline of Fanno Creek; thence North 38°57' East 118.89 feet
along the centerline of Fanno Creek; thence South 85°29' East 116.54
feet along the centerline of Fanno Creek to a point; thence South 51°
58' East 78.80 feet along the centerline of Fanno Creek to a point;
thence South 55'18' East 108.86 feet along the centerline of Fanno
Creek to the West line of State Highway #217 (County Road #227); thence
South 0°?2' West 130.00 feet along the West line of State Highway
1217 (County Road #227) and 20.00 feet Westerly from the centerline to
an iron rod; thence North 83°01' West 380.00 feet to an iron rod and
true point of beginning of the parcel herein described.
STATE Of OREGON &AA
Own, of wddnpmr, SS
I, Rope Thomooon. Okscw of Rwrrdo
and Etwlofs OW E,01Rdo Rwrfdor of Con-
wpnc Ior uW co,udT. do hKvOV miTfRy rhIn
dN Within Inml nt of Wrung WY ree w"
and rncordod In book of NCOMV of Wd cwmv.
ROGER THOMSSEN. wrwm of
Rwwft a Elwfofr
1981 FEB -3 AN 9: 21
t
J ~Q~ rf 1
031011 Nn TS7--4AIIOAIN AND SALE 0110 IIMhNwI is, Gera.»I• _ .crcru.,,u. ur.ua.cu.,.onruuo. on..rm. [
EsA
~
~ - s - IAOOAIN AND SAL! 090
\1 860 { 1. 04'
k KNOW ALL MEN BY THESE PRESENTS, That....,RICHARO..N.. STURGIS and. FRANCIS. 4C.. '
hereinafter called ;ratltor,
M'? for the consideration hereinafter stated, does hereby Kraut, bargain, sell and convey unto CITY OF TIGARD.........
H: hereinafter called grantee, and unto grantee's heirs, successors and assigns all at that certain real property with the
I
tenements, hereditaments and appurtenances theraunto belonging or in anywise appertaining situated in the County
of Washington.. , State of Oregon, described as inflows, to-wit:
SEE ATTACHED EXHIBIT "A", INCORPORATED
? HEREIN BY REFERENCE
~ t.
1 f
+ F"
1
~i
!IF SPACE IYSWFICIENi, CON, Ralf OESCRIPt1O" Off REVLESL SIDII
fI To Have and to Hold the same unto the said granter and grantee's heirs, successors and assigns forever.
The true and act;;al cc Lidratior. paid for ::.Tna`r:. stated in terms of dollars, is $ 4, 421. 10
;l ~ oetawmttD~cxemcxaxwxomaxa~co[io~Oxarn¢ai~t%bkwaxrex~ottoeacRxaaxntne:~oxxxEoxxio-xtC>Plt~lxu~ltxhc~c '
"%xxotudemanc W~CGOJJU6OG76'0(Tae Lenronrn bel"•aen the rymbob,0, if mat applicable. eh, .td be de/efed. See ORS 910J0.J
In construing this deed and where the content so requires, the singular includes the plural and nll grammatical
changes shall be implied to make the provisions hereof apply equally to corporations and to individuals.
In Witness Whereof, the grantor has executed this instrument this /(F day of VG'"G- 19
if a corporate grantor, it has caused itn name to be signed and seal p7fieed by its I' . duly authorized thereto by
order of its board of directors.
THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY
LC ar
PARTICULAR USE MAY BE MADE Our THE PROPERTY rCJ it
DESCRIBED IN THIS INSTRUMENT. A DUYER SHOULD
CHECK WITS: 7H% APPROPRIATE CilY OR COUNTY ra i C. Sturgi
1 I PLANNING DEPAR I MENT TO VERIFY APPROVED USES. .....r..A
. .
: I , l
III d,. IEP,nr IM fat b . ngaae Sturgis
Yw 16. lean e• 9nswladtl.trr,l gaadh.l II IRS 194 51,11 [
af r
t' n
STATE OF OREGON, ) STATE OF OREGON, County of l , , )eV.
TM• luredoing inrrmnlent was nckit-Wited below no- this
County ul 14t//L/'/y6~i(.ft!V )
The foreguiag imfrunsenf a•as ack,so.lcdAted brforr .19 , by ,
f ate this , 19 . by President, and by ,
Richard.N. Sturgis.and Francis secret
C. Sturgis
a mrr"vatio on .1MlarEh- corpora,'on.
LALMN
71 Notary Public for On-ka, Notary Public lur Oregon - '
(SEAL) buy Cnnu:.l; LL 1 .I•a:a yL 7__'1S t~E L)
My commission expires: Mycommissimexpires:
tll nushd I a M1rsarlalan.
,dll. tarPatlh "all
I~ Richard N. Sturgis and Francis C. Sturgis STATE OF OREGON,
2216 S.W. Sunset Blvd. I' Portland, OR 97201 Gountyof
1
space roe s raaaac ."u a,wwwY I f
Cit of Tigard f certify that the withh: instru- II
II y ment was received for record on the
` P. O. Box 23397
Jay oL 19........,
' Tigard, OR 97223 at o'clock ......M., and recorded
+ OMAN rr'C Y ".tML AYIr aa„PI.•.•, tPaC[ RCtlfAVCa
M1.Mintl w roe in book/reel/volume No.. on
Ahr, M1b..
page or as fee/file/instru-
Bob Jean.. City of Tigard
m
P. 0. Box 23397 ent/microfilm/reception No I - '
r (
I I Tigard Record of Deeds of said county.
, OR 97223 Witness my hand and seal of
nn"c..oascse. rIr
County affixed. L'
+,t•,o:
U914 • dIM[E IE M1rYaM11 all M IIanM1Ma As11 W M1M h the IRII.R,Intl eddHlr.
City of Tigard
m P. 0. Box 23397 "•"L T'n[
- = Tigard, _OR..9.7223
~i r1AM[.AWRRN,iN / By ............................-.....................Deputy 2•
773
-xis AXX
We ~
ca
EXHIBIT "A"
A tract of land in the East half of the Southeast quarter of
Section 2, Township 2 South, Range 1 West, Willamette Meridian,
Washington County, Oregon based on the following described
center line, to-wit:
Beginning at Engineers Station 43+76.65, being a 5/8 inch iron
rod in a monument box at the terminus of County Road 567 (S.W.
O'Mara St.) from raid beginning point the Northwest corner of
the W. W. Graham Donation Land Claim bears N 180 15' 03" E
3347.66 feet; running thence N KO 43' 19" E 1101.03 feet to
Engineers Station 32+71.383R=32+75.62 AHD from which a 5/8 inch I
iron rod (at old highway station 32+75, 30.00 feet right) bears
13 86" 00' 08" W 30.00 feet; thence continuing N 01° 43' 19"
E 56.84 feet to Engineers Station 32+14.54 PT; thence on a
240.00 foot radius curves to the left 175.29 feet along the arc,
through a central angle of 41" 50' 47" (the long chord bears
N 190 12' 04" W 171.42 feet) to the terminus of this center line.
The tract hereby conveyed is more particularly described as
follows:
Commencing at Engineers Station 43+76.65; thence N 010 43' 19"
E 294.22 feet to the South line of that tract described in deed
recorded as fee number 84-1336 deed records and the true point
of beginning; thence continuing N 010 43' 19" E 114.00 feet to
the center line of Fanno Creek; thence along said center line
N 55" 18' W 41.72 feet to a point 35.00 feet westerly of, when
measured at right angles to, the center first above described;
thence S 01" 43' 19" W 132.70 feet to the South line of said fee
#84-1336; thence S 81" 44' 12" E 35.23 feet to the true point of
beginning, containing 1931 square feet excluding that portion
within the right of way of the existing S. W. Hall Boulevard.
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SW dMARA rushy STREE~XM
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HALL BLVD LID NO. 85-1
CITY OF TIGARD, OREGON
JUNE 10, 1986 PROJECT 85104.3
jj RIGHT OF WAY MAP k p t i STATE OF OREGON
i TAX LOT 702 31 { t
~ County of WasAitytfm t
_ t. OonaW W. Ma. dw. Okxt°r of Asaesune
and Taadliun and 6X-CMxfO FtocordOr Of Cc
veyanooa Wr saki county, do hemby teddy tl
the within insimment Of wMing was fecow
mW recorded in book of recads of said coon!
Donald W. Mason. Dkector
f Aa
Oftb sasdr*N Taaaiiar.
1166SEY30 PM 1~
-Z~l t. 1, ".+::..,r,HO.•s+Tt`i^1,.•rr.tt+r.. _
' 7~r,
3
(off
Tenn
C«P.ral.l_ co• w crc [ .n•... •
1011My"P, jtl--0UnC1A1M OfEO (I,Jlritl- 89-30832
If - - _
L I' rn!
p { QUITCLAIM DEED Washington Counfly
KNOW ALL MEN BY THESE PRESENTS, That Richard N....and Frances _C S.turgie_ 1
- - -------r-------- hereinafter called grantor,
for the consideration hereinafter stated does hereby remise, release and quitclaim unto - - ------r-
-
The..Sturgis_Living Trust. -
hereinafter called grantee, and unto grantee a heirs, sucerssoro and assigns ell of the grantor's right, title and interest
in that certain real proporty with the tenements, hereditament, and appurtenances thereunto belonptnp or in any- 1
wise appertaining, situated in the County of Washington Seats of Oregor, described as follows, to-wit:
ti
{ r.
Ij 2. TWO HOMES ON 1.52 ACRES LOCATED AT 13335 S.W. HALL
if BLVD. A TRACT OF LAND LOCATED IN SECTION 2, TOWNSHIP 2
SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY,
I OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE DONATION
LAND CLAIM OF W.W. GRAHAM AND WIFE, IN SECTION 2, TOWNSHIP 2 SOUTH
RANGE 1 WEST, WILLAMETTE MERIDIAN, 6.25 CHAINS SOUTH AND 450
CHAINS WEST OF THE ONE-QUARTER CORNER BETWEEN SECTIONS i AND 2, T
j 2 S, R I W,WM, SAID POINT BEING IN THE CENTERLINE OF STATE HIGHWAY
:217 (COUNTY ROAD "227); THENCE SOUTH 0 DEG. 22' WEST ALONG THE
CENTER LINE OF STATE HIGHWAY =217,( COUNTY ROAD • 227) TO ITS '
INTERSECTION WITH THE CENTERLHIE OF COUNTY ROAD +567 (OMARA ST.)
FROM WHICH AN IRON PIPE BEARS SOUTH 89 DEG. 00' EAST20.00 FEET; 44
THENCE NORTH 89 DEG. 00' WEST 515.30' ALONG THE CENTERLINE OF COUNTY
ROAD 567 (OMARA ST.) TO AN IRON PIPE; THENCE NOIRTH 01 DEG. 25' EAST
347.60 FEET TO AN IRON ROD; THENCE SOUTH 83 DEG. 01* EAST 112.30' TO 44
AN IRON ROD AND TRUE POINT OF BEGINNING OF THE PARCEL HEREIN -
It{ AwCC INSU{Ft[ttNt, I:ONtteAlE 6>EK[tritOta (X1 [tvfa5f StOEt
- :i•z
To Have and to Hold the same unto the said granter and grantee's heirs, successors and assigns forever.
j The true and actual consideration paid for this transfer, stated in terms of dollars, is $
IDV wever, the actual consideration consists of or includes other property or value given er promised which is f
the whole
1 port of the consideration (indicate which).O(The sentence between the [ymbolzO, it not applimble. should be delered. See ORS 9J.U.fO.)
1 In construing this deed, where the context so requires, the singular includes the, plus at and all grammatical
changes shall be made so that this deed shall apply equally to corporotiont and to individuals.
in Witness Whereof, the grantor has executed this instrument this .............day of....._ July I9 89
if a corporate grantor, it has caused its name to be signed and its seal affixed by an offi er, duly authorized thereto
by order of its board of directors.
J L¢ ............r . ? c
THIS INSTRUMENT WILL NOT ALLOW USE OF TN°. PROPERTY DE- -
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF A?PLICABLE LANG
USE LAYS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING .1.. ;.1,.~•' - -ta.c ..•t.•--•••• ~•.,•i•;..,q•
THIS INSTRUMENT. THE PERSON ACOU(RENG FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE ftT'.' OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
11f !A .fyn•r d !F. eb.•. 4 o c«P««4n.
.i .poi .tn. u•v«.a ..wl,l ` 411 ,
STATE OF OREGON, ) STATE OF OREGON, r
Washin ton_ _ ° _
County of -Re •'okoow•ledged Were me on Thi[ Irott rvnant ra[ ackmr•led/ed balore mwon
.
This r-, trumwnt r
July t9 89by- t.9._......by..........- .
iN. Sturgis and
[r
Frances C. Sturgis...... ot..-_......
i
i
No obhc for Oregon Notary Public for Oregon
(SEAL) (SEAL) I ~c,Z;}hCz.e:r
I •,t^
my cornmi[afnnexpires: 10/22/92 My commission expires.,
to ':q
i,aa Richard li. Sturgis B Frances C. Sturgis STATE OF OREGON, J
J 7
2216 S.W. Sunset Blvd.
Portland, Or... 97201 County of If
eewaroae nw..c wnowooan. l"''
! certify that the within instru- r
The Sturgis Living Trust ment was received for record on the I
2216.8.W. -Sunset Blvd. day of . 19 . ~N
Portland..Or..97201 or -o'clock M and recorded i,
wawwr[['e aww[ waw Aaoa[e! ae.e[ an[av[a
in
Aa«,.wdlq 1.LS a. new book/m// volume No.. . . an
or as document3ee/life/ II ,"11_1 ,r
page
Richard N. Sturgis/ Frances Ca Sturgis tessoae[aY Ya[ - ~ ~
- instrument/microfilm No.
as ?216 S.Y.Stinset Blvd. - Record at Deeds of said county. -
Portland. Or. 97201
. Nar[. •oow[u. [,r Witness my hand and seal of [a +EYr
/fir . •n] ,_-c
F
until • dvwa. Is wemmd OIL he, Dal-"le "Is b. -10. e..11.16.11.[ .W,.. County affixed. - -
Y'
Same as above
pI a~
nrr^.
it
'LULerv._
! - By P y
e.waa.waoa[n.a• B• .....D~ ut
a1, m
t~ DESCRIBED; THENCE NORTH 0 DEG. 22' WEST 37' TO THE CENTERLINE OF
FANNO CREEK; THENCE NORTH 56 DEG. 50' EAST 43.20' ALONG THE
CENTERLINE OF FANNO CREEK; THENCE NORTH 38 DEG. 57' EAST 118.89'
ALONG THE CENTERLINE OF FANNO CREEK; THENCE SOUTH 85 DEG. 29' EAST
116.54' ALONG THE CENTERLINE OF FANNO CREEK TO A POINT; THENCE
SOUTH 51 DEG. 58' EAST 78.80' ALONG THE CENTERLINE OF FANNO CREEK TO
sj A POINT; THENCE SOUTH 55 DEG. 18' EAST 108.86' ALONG THE CENTERLINE
OF FANNO CREEK TO THE WEST LINE OF STATE HIGHWAY =217 (COUNTY ROAD
"227); THENCE SOUTH 0 OEG.22" WEST 130.00' ALONG THE WEST LINE OF
STATE HIGHWAY •217 (COUNTY ROAD -0227) AND 20.00' WESTERLY FROM w . '
THE CENTERLINE TO AN IRON ROD; THENCE NORTH 83 DEG. 0 V WEST 380.00'
TO AN IRON ROD AND TRUE POINT OF BEGINNINS OF PARCEL HEREIN
DESCRIBED, SAVE AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF
TIGARD FOR RIGHT OF WAY PURPOSES, BY INSTRUMENT RECORDED ON
SEPTEMBER 30TH, 1986. :;.A';.
iff
STATE OF OREGOt1
„ . courtp of washInWon
F.
_ oosald W. Mason. Director of Aaxea~n!
and Taaa9un and d
mat
=-7;w 51 U received
Im. 116
and race idboo 41. -
C irs;. 1
- 60da'.* of of
o eouy~l~~~J _
Doc 89030832 16.00 .
Rect: 13315
07/07/1989 01:44:06PN4
F~F
Tw0 !°~_trurnent filed for record by -3Qb32
___-_FOAM j* t I CUf.CLAIM 89-5i624 89 _
N %,:ommodalion only. It has not bei - W. "W1 ounty A Wath!Ry►on Cowl '
examined as to its execution or as to ouno r►lM DIED b n
- (y~J KNOW Alt4e Wfp9l4IZIttl5E PRESEr1TS, That Richard N.-and
ineffer called tremor,
: ;.art
i
~ or the consideration hereinafter stated, does harshY remise, release and -
, quitclaim unto. ..Bee-lieTow.. -
hereinafter called grantee, and unto grantee's heirs, suonessora and aaaigra all of tiro grantor's right, title and interest
*12 i
in that certain rsal property with the tenements, hereditaments and appurtenances thereunto belonging or in say,
wise appertaining, situated in the County of Washington , State of Oregon, described as follows, to-wit•,
2, fW0 HOMES ON 152 ACRES LOCATED AT 17335 S.W. HALL
BLVD. A TRACT OF LAND LOCATED IN SECTION 2, TOWNSHIP 2
` SOUTH, RANGE i WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, w;
OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE DONATION
~I LAND CLAIM OF W.W. GRAHAM AND WIFE, IN SECTION 2, TOWNSHIP 2 SOUTH'
RANGE i WEST, WILLAMETTE MER11314N, 6.25 CHAINS SOUTH AND 4.50
CHAINS WEST OF THE ONE-QUARTER CORNER BETWEEN SECT IONS 1 AND 2, T
i 2 S, R 1 W,WM, SAID POINT BEING IN THE CENTERLINE OF STATE HIGHWAY ~i.
'217 (COUNTY ROAD '227); THENCE SOUTH 0 DEG. 22' WEST ALONG THE
CENTER LINE OF STATE HIGHWAY -217,( COUNTY ROAD ° 227) TO ITS
x I INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD '567 (OMARA ST.)
( FROM WHICH AN IRON PIPE BEARS SOUTH 89 DEG. 00' EAST20.00 FEET;
' .
THENCE NORTH 89 DEG. 00' WEST 515.30' ALONG THE CENTERLINE OF COUNTY '-a+
ROAD *567 (OMARA ST.) TO AN IRON PIPE; THENCE NOIRTH 01 DEG. 25' EAST
' 347.60 FEET TO AN IRON ROD; THENCE SOUTH 83 DEG. O 1' EAST 112.30' TO
AN IRON ROD AND TRUE POINT OF BEGINNING OF THE PARCEL HEREIN -3
(if SPACE INSUFFICIENT. CONTINUE DPSCnRION ON .EVEAE SIOD t
To Have and to Hold the same unto the said grantee and grantees heirs, successors and assigns forever. _
The true and actual consideration paid for this transfer, stated in terms of dollars, is a 1.00
' aHowever, the actual consideration consists of or includes other property or value given or promised which is
the whole
consideration (indicet? which). (The senfenm between the gmbdc lD, li not applicabJs,,haufd Ge deleted. See OR5 97.070.) YL ,;;.;[.5
pert or the
, f In construing this deed, where the context so requires, the singular includes the plural and all grammatical
changes shall be made so that this deed shall apply equally to corporation;; and to individuals.;:: `
In Witness Whereof, f, the grantor
hhas ard put sih ra ds s Al aM C dr,Y if Y
d a rorporRte Branton, it iJ hea rauu4 ~JS naoJr to be sdJred and d rh xa1 R{/iced by an ell' duly a+rlharuad tlJersto
s Co au tees I under, = -
by order of it a ors. 8
E STURGIS LIVING TRU
OTHIS INSTRUMENT WtL ALLOW USE OF THE PROPERTY DE-
SCRIBED IN THIS INSTRU E T IN VIOLATION OF APPLICABLE LAND
II USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING .f.Ci
I THIS INSTRUMENT. THE PERSON ACQUIRING FEE 7iTLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING NMG DEPARTMENT TO VERIFY APPROVED USES.
' pf IL. .IW v d Ib aMw M e.upree.:A, TH EED IS BEING RE-RECORDED TO CLARIFY THE NAME OF THE CRANTE
Ih. N,m M .dr..wlN,.+.nl Y1
-.1 , WVA'.
STATE OF OREGON, STATE OF OREGON,
Washington
°
Counfyol..._._...._........_...... Couneyot..._.._ .Nd&4rOgLQQ -
:r aTIIlhle Lutruarnt wAa &ek 11edfed helore me on Thin 1nNrummM war aekn-lediod
..Rig 6 - f 19.. 6 ..a... 19.59 , av Ri chaE~N. Stu=gis._6..FS cESa
_ ~7iS-:St i
_ cli3 nd
~G T4
;1... .
rc..
R !le for Ors/en Nehry PDB7re •m--•.~~~, ]~Jr}'~ s~ ";;y"r~',~
. llfy clafalt~dot~rpTre,r 10/22/92 My corrlod,don erDlrnjBn• 6, 19
t ,,r.
91
BIC"hird.„1d.urgis & P "Ces C. SturgtE: STATE OF OREGON, _
2216.5.W..Sunnet Blvd. sa
- P.ortland, _Or.._.97201..... County of
o..rroea n.rc ♦no •ewu.
I certify that the within imiru-
l The-Sturgis Living .Trust men( was received for record on the
1I 2216_& W..._Sunset_. Blvd.
........day of 19........, -
iJr 92201..
at o'clock ......M., and recorded
oe,rree•a r.re curd aoawre eP.cc P4,avee
ARf r.w a of. wI roe to book/reel/volume No .......................on _
Richard N. Sturgis/ Frances C. Sturgis Tri steseleeera. use page ...................or as document/fee/file/
- inatrument/microfilm No
221 3. uDSe Dlvd. Record of Deeds of said county,
Portlande 9't201
nArcAOlulsse,ZIP . Witness my hand and seI►1 of
--Veal • ~M M nylr-01 ell fa nef.erwn Ieell M .ISI K An bDe County affixed.
Sawa as above
r.Yl
TIT\■
nAra. soosns. rI► ~ By / ........Deputy
4
,»a r Z
_ co
oo
DESCRIBED; THENCE NORTH 0 DEG. 22' WEST 37' TO THE CENTERLINE Or ;.,'f?>
n FANNO CREEK; THENCE NORTH 56 DEG. 50' EAST 43.20' ALONG THE
_ CENTERLINE OF FANNO CREEK; THENCE NORTH 38 DEG. 57' EAST 118.89'
ALONG THE CENTERLINE OF FANNO CREEK; THENCE SOUTH 85 DEG. 29' EAST
- 116.54 ALONG THE CENTERLINE OF FANNO CREEK TO A POINT; THENCE
SOUTH 51 DEG. 58' EAST 78.80' ALONG THE CENTERLINE OF FANNO CREEK TO
A POINT; THENCE SOUTH 55 DEG. 18' EAST 108.86ALONG THE CENTERLINE a
OF FANNO CREEK TO THE WEST LINE OF STATE HIGHWAY "217 (COUNTY ROAD <
10227); THENCE SOUTH 0 DE6.22' WEST 130.00' ALONG THE WEST LINE OF
STATE HIGHWAY •217 (COUNTY ROAD 227) AND 20.00' WESTERLY FRAM y.'
THE CENTERLINE TO AN IRON ROD; THENCE NORTH 83 DEG. 01' WEST 380.00''
TO AN IRON ROD AND TRUE POINT OF BEGINNING OF PARCEL HEREIN
DESCRIBED, SAVE AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF
TIGARD FOR RIGHT OF WAY PURPOSES, BY INSTRUMENT RECORDED ON
SEPTEMBER 30TH, 1986.
STATE OF OREGON l
cow" of waaMnpmn J
1. OonaW W. Mason• 1*°*w at As eUmOnt STATE OF OREGON l 98
atd Taxation 01 ~ camw of WuMngton f
wneae , ,tp rxarrad 1. Don W. Maven. DkgcW of Mesh
county- aM O i _ F end Te:a eeoRfer~Cdr
that
@@tth~ neaNad
# Fs- ihavvghitittf t'6T~ county.
Ex.
tiycloy COUNT'
DOC 89051624 yCl~ OQ
Rect: 20460 18.00 N Coo
10/24/1989 02:56:01PH
Doc 89030832 16.00
Rect: 13315
07/07/1989 01:44:06PI+1
tttttttt:~
i
Fidelity National Title Company of Oregon 92069525
tNaahwon county
STATUTORY WARRANTY 0990
(lndlMusl or CarWata)
RICHARD N:..&SII~G~ _and~FRANCES C. STURal. Co-Trustees under T11E STURGIS LIVING
- TRUST
ntor, caneeysand warrants to
0
ALD......IN HUNTS and JOAN RAE HUNTS. husband and wife
- ......MA...RT.................................................................._...................._............................................................. _
- =
grantee, the following described real property, free and clear of encumbrances except as specifically set forth
herein, situated In the county of „Washington-...... State of Oregon, to wit.
Parcel 1 of Partition Plat No. 1992-069, in the City of Tigard, Washington County,
Oregon.
F 'u'~,. VVASHIF.IGTON COUNTY
-
$ 145•00
VJZ~ FEE PAID DATE
Subject to and excepting. Powers and assessments of the Unified Sewerage Agency; Rights of
- = ishing, navigation and commerce in the State of Oregon, the Federal Govt & public in 6 to
- = _ 0( hat portion thereof lying below the ordinary high waterline of Fanno Creek. -
~11 1992-1993 Taxes a lien not yet due and payable.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF _
~y APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE
cir PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS S.1A5. 00O...OD........_.. -
r- trhicb _is . d..ta_ aa.Ac ~ommodatoz.. auant tlz..an..IBC 1031. Exchan -
_ ~c ~ psi pttr 8t -
a: (See ORS 99.030)
Dated this 3.Q.... day or .Se,ptember........ . 19.32:
t r~ /ll7...1C.~>
STATEOFOREG N, rd S o= Tte
=fir?~s "i ls/'"` FrancEa C! Sturgis, Co-Trustee ,f.
Countyot.
.
- BEfTREMEIIIBERED,Thetonthis-. 3 .._...dayof._ 19.
_>•i;
s`~I before me, era, ad Notcr+ ic,in and r the tale of Or n, p aonally appeared ! within
_
.1.:L.. JdGl~1111.d~
fi nggred a ~2..~/..V •T.s~2~GLrI.E... e.: !1
; -
krlowriKto me. to be the iden individuals... described in and who executed the within instrument and
,
ss <;c acki"lediadtome.that_... executedthesrmefreely andvoluntarily.
- ) IN TESTIMONY WHEREOF, I have hereunto a t my hand and affixed
¢k e~ mYYB ficial xcal he a year last above written.
- aglr- 1 W~
z' t t ! ; ~r~' Y o blic for Oregon
16,
- ~='°e rryt M raison expires . _lL
THE STURGIS LivLNG '1RUST
S'FATEOFOREGON
) SS
T _ County of Washington
ww::F:ie~eoiiii-.•............._..•. I.,1e~yRH OtAsseselnent
RONALD MARTIN HUNTS 6 JOAN RAY HUNTS and Taxation ~a x r~r of Gin-
th8 l%t lqM c n d by oe as
- vae[uner 1np Of 'Y-`
iP41,
- T9CBi11ed
~y
' - Oww+T{[ { n.MC aMD .DDR[1~ IOR nW • !V ~ ~
All., winIMa nn.e to w[eolrou a u I d
RRONAMARTIN HUNTS & JOAN RAY HUNTS440Ex-
• : 'fir
°N Cool%
Y,la w JrnN N,Nw,IN wll w.l,w,..,n ,A.II Y, iew too.
IN.rina oA/,{n. - -
SAME AS ABOIJE
Doc 92069525
Rect: 86435 178.00
_
1G/02/1992 04.46.27PH
_ fNtO-0011 n.r[..oown{.:n
'.1r~..5.Y9:.}. ? 4.~ y(i_~: n - ' ,~l'•_.:.~W.a~i►.ii 11 fU r.vd ti'r-,.- Hy:i3~~_.)~"~..
F~NTO.0013 JA 7/92j a7e57e
Fidelity National Title Company of Oregon to' cownh
STATUTORY BARGAIN and SALE DEED
(Individual or Corporate)
RONALD MARTIN HUNTS
.
....vrun!tw, crmrelrs to
- . I STS. -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I—- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . »
gruntee. the jallo„ •ing described real property, riatated in eke coutuy
rtf..........»WASBINGTON State of Oregon, to rdt:
Parcel 1 of Partition Plat No. 1992-069, in the City of Tigard, Washington County, -
Oregon
THIS INSTRUMENT WILL NOT ALLOW USE OFTHE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA-
TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU•
MENT THE PERSON ACQUIRING FEE TITLETO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
THET•RUEANDACTUAL CONSIDERATION FORTHIS CONVEYANCE ISS.,..) sQQ
F .......CONE„DOLLAR,ONLY)...................................
(See ORS 93.030)
imnt filed for record by Datcd this ,...30... day or...Sl;,p1:A0;b.Qr .19 ...92:
This msbu -
FideUy National Title Company as an - -
aecomodation only. It has not been
ie~eadaiae-
sue:
examined as to its execution or as to ~
RONALD MARTIN HUNTS
its effect upon the fade g'-
STATE OF OREGON. Ctmmy or WASHINGTON ) g -
nis imtrument was rcknowledEKd he fore me on IgFnr ember 30 .199-2-
by .
RONALD MARTIN HUNTS
This instrument was acknowledged he Fore nw an • 199_
by q
arm. - • Y~
'~~'r cry tr i r and I p r.,.
yco ussionexpires: I0/3/92
GR f YF~~Y
STATE OF OREGON
GRANTEE'S NAME County of Washington
;L .~q ofAuasameM
andyanceTaxatfon ~dUfi g~ rderMe( fy stil l
dUfi was
Until further notice tend future lax stmementF to: that the ng teCefued- ordy 01
NO CHANGE sold
'c f E~
AFTER RECORDING RETURN TO: Oy COU Ir'N1.
JOAN RAH HUNTS Pr?
4>1r59-THMO Doc 92079578 x -
L7dtt'CEPi , CREMN 97033 Rect: 88557 33.00
.
11/06/1992 03: 20:45PM `~,t,-.•.
,r
.7A .•vraR ,1;, . . .
it f'~~~ i w"'37r.r~d1~-7: {j:t
STATE, .AWON
ti County of W"*
OREGON TITLE an`ry • ~ of Amw
ton>raace Company Clark roil
thewl rtes
and rtw..
After Recording, FatLxm to: COttI11Y. I ~ Of glti
Mr. & we. Rerdy A. SdLaltz -
13335 S.W Bell Blvd
Q~ Tigard, Qmgcn 97224
Until a clamps is requested, tax statenlente
shall be sent to the foollc&dzV address:
Randy A. 6 Margaret C. Scheltz Doc 95089788
13335 S.W. HIL Blvd. Rect: 155296 303.00
Tigard, Oregon 97224 12/06/1995 02:21:46PM
9Al1[AM iDi>IIiaw n®
(Individual)
Joan Rae Harts
amveV8 and osazartb to
Randy A. Sdaltz and Mar7ret C. Schaltz, as huebw d and wife
tha f3olLmd described real p mpwW in the State of Cregors and tmaty of WadAngtm
free of entsobcanoes, era- % I as apeaifically set farrt,h besela:
Patoal I, acoa ding to the duly filed plat of PARTITION PW NO. 1992-069, in the City of
Tigard, filed Septallber 23, 1992, Fae=wds of the Omxyty of Wbab rQton and State of
Oregon.
Tax Aoc iure. Number(s): 2S12DA-OO800
This w party is free of encu beaoaes, EKEPT:
Levies and assessments of the 111Lified Sewerage Ageny, Rights of the AM11c, Rnewe:ts
recorded 9/23/92 #92065990 and as sbown an the recorded plat.
N~ASNINGTON CDIlIf~Y
REAL APOOOPTI' yIPAACSFER LLI'
1'F~ trluo PATE
The true aonaidesation for t31is conveyance is $270,000.00
TUS n=lX W WILL NOT ALLOW USE OF THE PROPERTY VIESCRIND 1N 'STS INIM iL1OR 3N V=A-
TLON OF APPLICKINE LMID USE LAW AND R==I=. » SIQKOG OR ALA THIS IItFUM-
MRr, 7W FERSQI AQXDU '[i FIE Trim 19 '1116 F3immny sFix LD cam w= = APPIWPR n my
OR CGUNTY P&MMIG LFPAIVlr TO VERUY APPROVED LEES MW 110 EEMIMM ANY IMMS ON IAW-
SLMS ALRBBP FA)~[a+t= OR Ft~T PRACElCTB AS DEFINM XN CRS 30.930.
DATED this 5414 day of December, 1995.
eag idd 1 J
_Joan Ras Huntb
STATE OF OFOGON, COURN OF Washingtpn)sa.
The foregoing instrument was edo»wledged before me this day of December, 1995, by
Joan Rae Hunts C.
_ o ICIALSFnI
C~CB: m 8U21E TRYON
Commission Public fAr
f Y n NOTARYPtlpup.OpE(3DN
MY COWSSION C IPIRIES JUN!: 27, -1998
Order No.: 20419&
Wal 2007-129224
12AWL 5:57 PM
D4311111 40-1 IM-16 DNO"MAN
(10.00 f3.00 f11.00 • Tdfitl s f20.00
to
• ~ ~ll~~~al~~i~lall~l~lllal~a~~~pl1l111I11~
' RECORDING REQUESTED BY: 01197955200701292240020020
I, IOdtW Hobo 4fflc olnctor MAaonaman[ and
Fidelity National Title Company of Oregon Turlen-ndE:mcloCow tyCl.n brwnnlnpton
County, Droao , do hal Candy that tho wRmn _
hntrumMlt N-n+EnEM ra -do n oNad In the _'I:.
GRANTOR'S NAME: bw*ofmotdaoraaldNou-1 ~d
Randy A. Schaltz and Margaret C. Schaltz Nichol Nobel dnatw of AaawmNe and
Taaadan, EaOfIICio Coumy t7oM
GRANTEE'S NAME:
City of Tigard
SEND TAX STATEMENTS TO:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
AFTER RECORDING RETURN TO:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Escrow No: 20070009667-FTPORIO
13 13 SPACE ABOVE THIS LINE FOR RECORDER'S USE
C- STATUTORY WARRANTY DEED
Randy A. Schanz and Margaret C. Schaltz, Grantor, conveys and warrants to City of Tigard, a municipal
corporation of the State of Oregon, Grantee, the following described real property, free and dear of
encumbrances except as specifically set forth below, situated in the County of Washington, State of
O Oregon:
Parcel 1, PARTITION PLAT NO. 1992-069, in the City of Tigard, Washington County, Oregon.
V Subject to and excepting: Taxes, covenants, conditions, restrictions, easements, rights of way,
!!J J matters now of record.
J
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER SECTIONS 2,3 AND 5 TO 22
JQ OF CHAPTER 424, OREGON LAWS 2007 (BALLOT MEASURE 49 (2007)). THIS INSTRUMENT DOES
Z NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
O APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
Q THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF
Z LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED
W IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
n ANY, UNDER SECTIONS 2, 3 AND 5 TO 22 OF CHAPTER 424, OREGON LAWS 2007 (BALLOT
Ll MEASURE 49 (2007)).
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $580,000.00. (See
ORS 93.030)
DATED: December 14, 2007
See Grantee's acceptance Randy A. Sch
attached hereto.
Margaret C. chaltz
State of Oregon
County of Washington
T ' instru ent was acknowledged before me on December 2007 by Randy A. Schaltz and
M rgar . Schanz. n
e1 OFFICIAL SEAL
o ry Public -State of Oregon SAMUEL L. GOOLD
My commission expires: a NOTARY PUBLIC-0REG0
10 COMMISSION NO. 388990
MY COMMISSION EVIRES FEBRUARY 21,2M
r ~
Dated this day of /)DD 7.
By its execution of this deed, the City of Tigard hereby approves this conveyance.
GRANTE
uuazj Craig Prosser, City Manager
Signers ty of Tigard (Name and Title of Signing Official)
STATE OF OREGON )
f ~ I )
COUNTY OF ss
WA~~+ )
of This ins ent was signed before me on by
~ y ~ OFFICIAL SEAL Notary Public
SAMUEL L GOOLD My Commission expires: -a
NOTARY PUBUC-OREGON
COMMISSION NO.38 M
MYUNMISSIGN EVIRES FEBRUARY 21, 2009
t
r
IoW H. 9e_~--u nr Nwr t-"hhi 4, Pwlald~a.. 7)1G ~1L~A ~gtL~~,{,!y'jJ
TA
WARRANTY DF.F.D-STATUTOFY FOB?t ! • ~ i f ~ ;~Zf,y
I ~ wmnowt auxro. t
MNRVIN V SM7.11 and EILEEN,SMITii, husband and wife
_ Grantor, '
PIFIM de/ILLIERS and BUDdE
conveys and warrants to S IMO TtfLEEN deVILLIERS, husband
,.N
f - and wife _ _ _ - Granter, the following described real property !I
lroe of encumbrances except as specifically set forth herein situarod in Washington County, Oregon, to-wit:
The following described real property situated in the County of Washington, State of '
Oregon, to-wit;
Beginning at the Souti:east corner of the W.W. Graham D.L.C. In Section 1, Townahir 2 3outi}
Range 1 West, Willamette Meridian, and runnin¢ thence North On 30' East 943.70 feet along',
the East boundary line of said Craham D.L.C., to a point; thence North 39° 24' West 350
feet to an iron pipe, thence North 0° 30' 2.aat 272 feet to the true point of heginnin;;, I~
thence South 01 30' West 136.01 feet to an iron pipe, thence ':iurth 89.°. 24' West 152.5 fs_
1'--..ta an iron pipe, thence north I° 25' Bast 134:01 feet to an iron plpa, thence South 29° j
24 East 150.32 feet to,the true point of beginning,
` OF SPati INSJfr2:Ea. [ON)ItaE aFSCbrtiW+ ON REVERSE Sr]EI
~fl The said property is tree, from encumbrances except Statutory powers of the Unified Sewerage Agency
a l Of Washington County; Rights of 'the public in struts, roads and highways;
II -
QI The true con iderahan for this conveyance is S.. 39, OQQ. 00..-. , (Here comply with lhe'rertuiremartts of, ORS 93.030) II _
I 'I
I
{ Dnfed the •~.c~C}..t day of 0.tobe,r 19. 76... II _
j Marvin V. Smith Eileen Slriti t
h
STATE OF OREGON, County of Washington a ss. October ep 19.76
Personally appeared tiro ohms named Msrvin V. Smith _.enE1 Baleen Smith,
hvsband.and wife
II , I and acknowledged the foregoing instrument to be. thetr . _Yaluntaryact and deed.
I, Before mni `/)(t
II (OPCIAL SSM.) Notary PubirwCUor.. .(Ofre: go/n.1-7.M...y ~'C(C C,II 1.. I ^
co !/rN(n( imior expfr±s, //f,7s`tt',L . . iI
'I WARRANTY OWED -
II _ _ STATE OF OREGON )N
G N... Copmv of WW,iOwlto
I( Ma=yiEi_y,__Snith et ux ~ss
Simon Pierre deVilliers,_et 4!> " \J'' I
I, Roper Thomtrn, Diranor of R.eordf
the within instnt- Il _
I and El.caom and E.•Oltieb Record. of c".
; 60 •cn.nx'n•_ - r.Y.one for told wun do her
ry, ehY nutty that (or record on the
AM reaotdl•/ nt ro the wlehin utebum.m of er==-11 wn rdeoiwd
.,d r.cadad in bosh °I -
I~
T6c slid Mrs Simon P deVilliers _ No M,arrdraorded
154,05 S.W. 74th. m seto P-ty page . ....or as
_ l
Tirh d nrt• mY 77"3 y - r ,
? D(At;m my hmd' and wu affixed. lI
ROGER THCPC%EN, Dtr.etm of - said County. .I . ,
N.M[..DDn[e. il. Rocarda S, EltYthM. ..hand and seal of
uma s a.as. h apwrwl, ON tox tfd m nb 'Atop
dell M ..I to th. lelle.ring d k..,. i .
D".'V
name; as .above........,..
Rexrdmp Officer
n Deputy t
aoox 3l2f rota - QCT 11 3 14'; N slS
•L
a - .
-t--...._.~a~vY`,'...3:...v-'7'°•++~.aZ::a.s~.`a.~t.~"~ 't:-'r~`..rru~._}'x~y-~fky;a~.~~c-x°" ti.. -:.N
aiMi
a
vw'r-a~+""'.'~.p, 6w 'P+va'rr7,*.azr
Pq CAI
v- ,~:..5
yn
r.
FL~... ~
J t
..48ffiT£Nl' FOR 6&N iiRO0TI0N, AND MAINTU"11
AT,
OP PIFS~IIa
Ttzzs aai~nnvr made'and entered taAr this 24th day Of July, 29$6, by sad
between THEDboRi
_tl. D7WO0623i and IDA L. WNi1OOD14, husband and wife, parties of
the first por wF
t. and JU92M P. WA ,Y,IN3,.party o! the second pert, each party to In-
clude his or. har or their hairs, exacutora, administrators, agents or assigns, where I
the context so requires or admits,
YITNSSSSTH sya;
THAT for and in consideastion of the sum of 0?LT DLIJ AR cash in hand paid,
tho receipt of which 1a hereby sclmovladged, the parties of the first part lave this day bargained and sold, and by these presents do bargain, sell, convey, transfer and
deliver unto the party of the second part an easement and right of way, oeing n permanent =p.~
easement end right of way until such Lima as water lime are taken down Fosa Road by
the Water District in the area, when this easement atoll be discoatirmed and of no
more force end effect whatsoever. This easement shall include the right to enter
upon the real estate hereinafter described, at any time the party of the second part j
herein shall see fit and construct, maintain, end repair undargroind pipelines and/or
mains for the purpose of conseying-rater over,.ecrosa, through arZ order the lands
hereinafter. described, together with the right to axw va to and refill ditches ered/or
trenches for the location of amid pipelines and/or mains, nad the further ri;•ht to
remove tress, brush, bushes or undergrowth, and other obstructions interfering with
the location, construction, and maintenaece of .,(d plpaliras and/or 001=1
THEE IAM affected by the grant of %hie easement and right of way is located
- - r in the county of Washington. State of O.e;,on, and is rare particularly described as '
followat
A strip of land five feet in width running in en easterly end westerly
direction along, tls north property and fence line of the following
b
described real property, to-wits
Beginning at the N8 corner of the David Sllerson D. L. C.
situated in See. la, T 1 s, R 1 V. W. M., weahington County, ure,-on,
and running thence along the )iartherly boundcry line of said claim N 980
371309 Y. 1295.6 ft. to a point, thence 5 0048' W 100.0 ft. to an iron
rod, rnid iron rod mnrting the true point of beginning of this des&riptioa;
thence continring S 60481 Y 188.68 ft, to an rod= thence N 89'1;'- V.
946.01 ft. to In iron rod not in the easterly right of way line of Sli 165th
Avenel tbence along raid right of way line N & 481 8 192.10 ft, to nn
iron rod; thanes S 88037'30' S. 346.0 ft. to the true pint of beginning
of this, description;
TO HAYS AND To HOLD said easement end right of way unto tneperty of tho second pert
herein, and unto his heirs, administrators and assigns forever, until water shell be
taken down the lbse Road as hereirabove set forth;
Page-1. MEMENT AND RIGHT OF WAY. r
+
x
> sc., }t~~ ~i.'z'_"s• ~:a ~ ~ ~".u y ~ a.•+~.. ~ .i.r,2r.:°~_`_',"w~ rr- .:.~zar~;,~r~°-~ fi,ra~..~ ,i,~.'` bra '-s' .ate .
X~ME
y
G
pARTi&4 of theffiret part do hereby covematrAtArpariy,.of the second
par$•thet tbey~sre levYltlly saiaed sad ppaeeseed ot'Lhe real estate above descri-
bed
bndthey.havo a eood Rod'lavful right; to convey it,-,or any part thereof, that
it is five from ell enc'umhrenoes except Lhet Certain contract dated June 2, 1956
betwseA 'Joseph p"~•11ead1fXg.~and Thearore W. Danwoodie and Ida L. Dum,oodis, husband
and wife, being.tha first and second paitiae herein, and that they will forever
wsrrant and defendant.the', title 'thereto s@linet the lawful claims and demands of
.ell persons whomsoever. - - t
AS PART MM CONSIftiMTIUN for this grant the inrties of tha first
part do hereby release-any end a I I clef for. damages from whetacever cause inci-
dental to the exerelse of the rights tr in granted, exceptions nono.
IN WIThIIs'2+ WMR1OF we have 'hereunto set our hands and seals at Aloha,
Oregon, this the 'day first bersinabo itten.
ti
%
vw
_ First Parties
a ( see
. Savant Party
- STATE OF OREG(N )
as.
County of WsshtnRton. )
r ~ BE IT MIEMSHED that on this 17th day of July, 19.56, before ne t:r- .rrd .s`e
c and era ignad, a Lb to ry Public in and i'or ;ziid county and state, pa rnonelly
the within named "EUDURE W. DJNKUUDIE end IDA L. D'INVvvVZE, tweband and w
and JOSEPH P. WENDL.IN3. personally known to me to be the identical indlvid
narmd and described in rmd who executed the foregoing instrument and they
r
nowledged to me toot they executed the same for the uses and purposan Cher
mentioned. -
Ili TEsTIM)NY WHEREOF It•havelhersunto:set my hand and affixed my
notarial seal the day and year'lest hereina written.
13 AS
ooA `No~tery blic for Oreenn,
coma iasion ex
4C3 Pima■
nt.dta,.ea.d~i_~laZ6«;C~ e.t
t TORZL'r,C LINTYCLtRk
Pa9e-2. EASEMENT AND RIGHT'CF WAY. .
r
Garald Smalling
From: Greer Gaston
Sent: Wednesday, December 26, 2007 12:12 PM
To: Garald Smalling
Subject: RE: Title Insurance Document
Records.
Thank you!
33~ s
Greer Gaston J
I
Executive Assistant
City of Tigard Public Works Dept.
503.718.2595 /
greer@tgard-or.gov L
From: Garald Smalling
Sent: Wednesday, December 26, 2007 11:24 AM
To: Greer Gaston
Subject: Title Insurance Document
While I was out on Monday, 12/24/07, the Title Insurance on the Fanno Creek property- arrived. Do you want me
to send it on to you, or to Records' Gary
Garald Smalling
Risk Technician
503 718-2418
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
1
t +
RECENtE,
DEC 2 4 2007
-VIII
RISK MANAGEMENT
Fidelity National Title Company of Oregon
10200 S.W. Greenburg Rd. #110, Portland, OR 97223
(503)977-3685 FAX (503)977-9084
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Enclosed please find:
( X) Policy
( ) Other:
FIDELITY NATIONAL TITLE COMPANY OF OREGON
Letter (Owner's Policy)
FDOR0451.rdw
r J
SCHEDULE A
File No. 20070009667-FTPOR10
Policy No.: 27-31-92-574609
Amount of Insurance: $580,000.00
Premium: $1,470.00
Date of Policy: December 18, 2007 at 02:34 PM
1. Name of Insured:
City of Tigard, a municipal corporation of the State of Oregon
2. The estate or interest in the land which is covered by this policy is:
Fee
3. Title to the estate or interest in the land is vested in:
City of Tigard, a municipal corporation of the State of Oregon
4. The land referred to in this policy is described as follows:
See Schedule C Attached Hereto
Oregon Title Insurance Rating Organization (OTIRO)
Policy Valid Only If Schedule B is Attached OTIRO No. PO-02
American Land Title Association
ALTA Owner's Policy
FDOR0222.rdw Revised10/17/92
Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
A Stock Company
Policy Number
27-31-92- 5 7 4 6 0.-+
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 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 Compam~ will also pay the costs, atiornevs' fees and expenses incurred in defense of'the title, as insured, but on/~ 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 Title Insurance Company
By:
SEAL
~ Arr1aT . ~
Countersigned:
Authorized Signature
ALTA Owner's Policy (10-17-92)
FNTIC Form No. 27-031-92 (1-4-93)
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 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 Polity 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 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 creating 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.
teed 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 utay 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 anion or interposed a defense
affixed thereto which by law constitute real property. The term "land" does any or permitted the provisions of this policy, the Company may pursue
the nal determination by a court of competent j and ex-
not include any property beyond the lines of the area described or referred to in any litigation i s final
Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, Pressly reserves right, in its sole discretion, to appeal from any ny 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 real property ceeding, 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 aid (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 as 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
purchaser of the estate or interest described in Schedule A to be released from the by the failure of the insured to furnish 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 liability
of marketable title. or obligation to defend, prosecute, or continue any litigation, with regard 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 under Section 3 of these Conditions
of an insured only so long as the insured retains an estate interest the land, and Stipulations have been provided the Company, a proof of loss or damage signed
or holds an indebtedness secured 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, only liability reason 90 days after the insured claimant shall ascertain the facts giving rise to the loss
of covenants of warranty y made bl l by theong as the insured in insured any shall transfer have 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-
chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- stitutes 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
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 tontine any litigation, with regard
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 examina-
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
terest, 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 under 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 the title or interest as insured, mit for examination under oath, produce other reasonably requested inforination
but only as to those stated causes of action alleging '4ect, lien or encumbrance or grant permission to secure reasonably necessary information from third parties
or other matter insured against by this policy. Th pany shall have the right as required in the above ;raph shall terminate any liability of the Company
to select counsel of its own choice (subject to the np of the insured to object for under this policy as to 1 aim.
1
6. OPTIONS TO PAY OR OTHERWISE SETT ,AIMS; TERMINATION 11. LIABILITY NONC JLATIVE
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 mor-
tional options: tgage to which exception is taken in Schedule B or to which the insured has agreed,
(a) To Pay or Tender Payment of the Amount of Insurance. assumed, or taken subject, or which is hereafter executed by an insured and which
To pay or tender payment of the amount of insurance under this policy together is a charge or lien on the estate or interest described or referred to in Schedule
and the
with any costs, attorneys' fees and expenses incurred by the insured claimant, which insured owneramount so paid shall be deemed a payment under this policy to the
were authorized by the Company, up to the time of payment or tender of payment n.
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 made 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 Pay or Otherwise Settle With Parties Other than the Insured accordance with these Conditions and Stipulations, the loss or damage shall be payable
Or With the Insured Claimant. within 30 days thereafter.
(i) to pay or otherwise settle with other parties for or in the name of an insured 13. SUBROGATION UPON PAYMENT OR SETTLEMENT
claimant any claim insured against under this policy, together with any costs, at- (a) The Company's Right of Subrogation.
torneys' fees and expenses incurred by the insured claimant which were authorized Whenever the Company shall have settled and paid a claim under 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.
(ii) 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 the 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 for in 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 settle 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 tained 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 Policy is subject to the following: mand arbitration pursuant to the Title Insurance Arbitration Rules of the American
(i) where no subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that the amount of Arbitration Association. Arbitrable [natters may include, but are not limited to, any
insurance at Date of Policy bears to the total value of the estate or interest at Date controversy or claim between the Company and the insured arising out of or relating
of Policy; or to this policy, any service of the Company in connection with its issuance or the
(ii) 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
the Company shall only pay the loss pro rata in the proportion that 120 percent Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount the Company or the insured. All arbitrable matters when the Amount of Insurance
of Insurance stated in Schedule A and the amount expended for the improvement. is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Com-
The provisions of this paragraph shall not apply to costs, attorneys' fees and ex- pany and the insured. Arbitration pursuant to this policy and under the Rules in
penses for which the Company is liable under this policy, and shall only apply to effect on the date the demand for arbitration is made or, 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
of Insurance stated in Schedule A. may include attorneys' fees only if the laws of the state in which the land is located
(c) The Company will pay only those costs, attorneys' fees and expenses incurred permit a court to award attorneys' fees to a prevailing party. Judgment upon the
in accordance with Section 4 of these Conditions and Stipulations. award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
8. APPORTIONMENT The law of the situs 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 LIMITED TO TIfl.S POLICY; POLICY ENTIRE CONTRACT
of insurance under this policy was divided pro rata as the value 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 any y improvements made subse- pany is the entire policy and contract between the insured and the Company. In
as to auto[ to each Date parcel by Policy, the unless a Company and liability the or value e insured has at the otherwise
time ise of been the agreed issuance upon of interpreting any provision of this policy, this policy shall be construed as a whole.
this policy and shown by an express statement or by an endorsement attached to (b) Any claim of loss or damage, whether or not based on negligence, and which
this lic arises out of the status of the title to the estate or interest covered hereby or by
y' any action asserting such claim, shall be restricted to this policy.
9. LIMITATION 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. SEVERABILITY
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
damage caused thereby. applicable law, the policy shall be deemed not to include that provision and all other
(b) In 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 he given the Company and any statement in writing required to
disposition of all appeals therefrom, adverse to the title as insured. be furnished the Company shall include the number of this policy and shall be addressed
(c) The Company shall not be liable for loss or damage to any insured for liability to the Company at: Fidelity National Title Insurance Company, National
voluntarily assumed by the insured in settling any claim or suit without the prior Claims Administration, P.O. Box 45023, Jacksonville, Florida 32232-
written consent of the Company. 5023
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, Florida 32232-5023
j
SCHEDULE B
File No. 20070009667-FTPOR10
Policy No. 27-31-92-574609
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, 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. Any adverse claim based upon the assertion that:
a. Said land or any part thereof is now or at any time has been below the highest of the high watermarks of the
Fanno Creek, in the event the boundary of said river has been artificially raised or is now or at any time has been
below the high watermark, if said river is in its natural state.
b. Some portion of said land has been created by artificial means or has accreted to such portion so created.
c. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the
Fanno Creek, or has been formed by accretion to any such portion.
7. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the
waters of Fanno Creek.
8. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the plat of said property.
Purpose: Common, non-exclusive access easement
Affects: Southeasterly corner, as shown on plat
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to: Owners of Parcel 2, Partition Plat No. 1992-069
Purpose: Motor vehilce driveway
Recorded: September 23, 1992, Recorder's No. 92065990.
Affects: Southeasterly corner
Oregon Title Insurance Rating Organization (OTIRO)
OTIRO No. PO-02
American Land Title Association
ALTA Owner's Policy
FDOR0224. rdw Revised 10/17/92
SCHEDULE C
File No. 20070009667-FTPOR10
Policy No. 27-31-92-574609
The land referred to in this policy is described as follows:
Parcel 1, PARTITION PLAT NO. 1992-069, in the City of Tigard, Washington County, Oregon.
Oregon Title Insurance Rating Organization (OTIRO)
OTIRO No. PO-02
American Land Title Association
ALTA Owner's Policy
FDOR0223.rdw Revised10/17/92
IIIII Fidelity National Title Company of Oregon
_ N
W E
Map # 2S102DA 00800 S
The drawing below is copied from the public records and is provided solely for the purpose of assisting
in locating the premises. Fidelity National Title assumes no liability for variations, if any, in dimensions,
area or location of the premises or the location of improvements ascertained by actual survey.
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