2008-048296 ~ 13337 SW Hall Boulevard
Washing unty, Oregon 2008_048296
05!281201,.. 3 13:07 PM
j D-DW Cn9=1 Stn=22 I REED
$25.00 $5.00 $11.00 -Total = $41.00
c N St F, THIS SPACE RESEW
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♦ I, Richard Hobemlcht, Olrector of Assesament and T.
Taxation and Ex-ORlclo County Clerk for Washington c r
County, Oregon, do hereby certify that the within R .vg,
Instrument of writing was received and recorded In the
book of records of said coin y
.
Richard Hobemlcht, Dlreetar of Asse/~lWr/uN~GM ssment and
After recording return to: Taxation, Ex-OffIcIo County Clerk
City of Tigard
Attn: Dennis Koellermeier
13125 SW Hall Blvd
Tigard, OR 97223
Until a change is requested all tax statements
shall be sent to the following address:
City of Tigard
Attn: Dennis Koellermeier
13125 SW Hall Blvd
Tigard, OR 97223
File No.: 7073-1159268 (DPL)
( Date: May 07, 2008
's
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O.
STATUTORY WARRANTY DEED
yaw)
g c Patricia Loucks and Lucy Burton, Grantor, conveys and warrants to City of Tigard a municipal
(D -q
corporation of the State of Oregon , Grantee, the following described real property free of liens and
~w encumbrances, except as specifically set forth herein:
Parcel 2 of PARTITION PLAT NO. 1992-069, in the City of Tigard, County of Washington and
M Z State of Oregon.
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $269,250.00. (Here comply with requirements of ORS 93.030)
APN: R2027819 Statutory Warranty Deed File No.: 7073-1159268 (DPL)
- continued Date: 05/07/2008
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES 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 THAT THE UNIT OF 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 ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336
AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007.
Dated this e yf` day of cc t, , 20 Patricia Loucks Lucy Burton 0L,~ tL,b
C ZL 12~c~ * C-T-
r
STATE OF Washington ) `y`
)
County of
On this 1,,:,f1*" day 20 personally appeared Patty Ceja, who being
duly sworn (or affirmed), did say that he/she is the attorney in fact for Patricia Loucks, and that he/she
executed the foregoing instrument by authority of and in behalf of said principal; and he/she
acknowledge said instrument to be the act and deed of said principal.
I&r~ Notary Public for Washington
'Y
~~`~SSIUryF+~~~My commission expires: 'r
=C
v'~ "~~i ' " [1 LACE,
22 0'9
`~Ra~
(loia~f~sHs
APN: R2027819 Statutory Warranty Deed File No.: 7073-1159268 (DPL)
continued Date: 05/07/2008
STATE OF Oregon )
)SS.
County of Clackamas )
x},21 5 h
On this day IIIJ C4-~' , 20 y~ personally appeared Robin Welch, who being
duly sworn (or affirmed), did say that he/she is the attorney in fact for Lucy Burton, and that he/she
executed the foregoing instrument by authority of and in behalf of said principal; and he/she
acknowledge said instrument to be the act and deed of said pri p~.
OFFICIAL SEAL
raIONNE p LARSEN Notary Public for Oregon
N
COM 65 ON NO. 39806
MY COMMISSION G?IRES OCT. 16, 2009 My commission expires: W"-/07
APN: 82027819 Statutory Warranty Deed File No.: 7073-1159268 (DPL)
- continued Date: 05/07/2008
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-
336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES 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 THAT THE UNIT OF 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 ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336
AND SECTIONS 5 TO '11, OF CHAPTER 424, OREGON LAWS 2007.
Dated this day of 20.
GRANTORS: GRANT'
Patricia Loucks By Crag Prosser, City Manager
City of Tigard
Lucy Burton
STATE OF Oregon )
)ss.
County of Clackamas )
On this day 20 personally appeared Robin Welch, who being
duly sworn (or affirmed), did say that he/she is the attorney in fact for Lucy Burton, and that he/she
executed the foregoing instrument by authority of and in behalf of said principal; and he/she
acknowledge said instrument to be the act and deed of said principal.
Notary Public for Oregon
My commission expires:
APN: 82027819 statutory Warranty Deed File No.: 7073-1159268 (DAL)
_ continued Date: 05/07/2008
STATE OF Washington )
)ss.
County of )
On this day 20 personally appeared Patty Ceja, who being
duly sworn (or affirmed), did say that he/she is the attorney in fact for Patricia Loucks, and that he/she
executed the foregoing instrument by authority of and in behalf of said principal; and he/she
acknowledge said instrument to be the act and deed of said principal.
Notary Public for Washington
My commission expires:
The Grantee, City of Tigard, hereby accepts the conveyance of property
described herein.
STATE OF Oregon )
) SS.
County of Washington )
This instrument was acknowledged before me on thist?B0 day of
2008 by Craig Prosser, City Manager for the City of Tigard.
OFFICIAL SEAL
GREERA GASTON
'1 NOTARY PUBLIC-OREGON Notary Public for Oregon
COMMISSION NO. 421265 M commission expires: k>-10-11
MY cOMMISSIoN EXPIRES OCT. 10, 2011 y
\ M y
G5 y
First American
222 SW Columbia St Ste 400,
Portland OR 97201
Washington
j Transmittal
~IIIIIIIIII II'll ll IIII I'I I:II'~Iil l ll(.' I! II'!'Ill l'I II'i'll
* 0 1 0 0 0 8 4 » w L 7 7
Order No: 1159268
5/30/2008
City of Tigard
13125 SW Hall Blvd, Attn: Dennis
Koellermeier
Tigard OR 97223
I
Enclosed please find 1 attached documents.
7019 - Multnomah County -
Portland - Title (BUID 1011)
Page Count 6
a
Form No. 1402.06
ALTA Owner's Policy (6-17-06) Policy No.: 7073-1159268
1100302PO50600
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS (c) the subdivision of land; or
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE (d) environmental protection
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a if a notice, describing any part of the Land, is recorded in the
California corporation (the "Company") insures, as of Date of Policy Public Records setting forth the violation or intention to enforce,
and, to the extent stated in Covered Risks 9 and 10, after Date of but only to the extent of the violation or enforcement referred to
Policy, against loss or damage, not exceeding the Amount of in that notice.
Insurance, sustained or incurred by the Insured by reason of: 6. An enforcement action based on the exercise of a governmental
1. Title being vested other than as stated in Schedule A. police power not covered by Covered Risk 5 if a notice of the
2. Any defect in or lien or encumbrance on the Title. This Covered enforcement action, describing any part of the Land, is recorded
Risk includes but is not limited to insurance against loss from in the Public Records, but only to the extent of the enforcement
(a) A defect in the Title caused by referred to in that notice.
(i) forgery, fraud, undue influence, duress, incompetency, 7. The exercise of the rights of eminent domain if a notice of the
incapacity, or impersonation; exercise, describing any part of the Land, is recorded in the
(ii) failure of any person or Entity to have authorized a Public Records.
transfer or conveyance; 8. Any taking by a governmental body that has occurred and is
(iii) a document affecting Title not properly created, binding on the rights of a purchaser for value without Knowledge.
executed, witnessed, sealed, acknowledged, notarized, or 9. Title being vested other than as stated in Schedule A or being
delivered; defective
(iv) failure to perform those acts necessary to create a (a) as a result of the avoidance in whole or in part, or from a
document by electronic means authorized by law; court order providing an alternative remedy, of a transfer of
(v) a document executed under a falsified, expired, or all or any part of the title to or any interest in the Land
otherwise invalid power of attorney; occurring prior to the transaction vesting Title as shown in
(vi) a document not properly filed, recorded, or indexed in Schedule A because that prior transfer constituted a
the Public Records including failure to perform those acts fraudulent or preferential transfer under federal bankruptcy,
by electronic means authorized by law; or state insolvency, or similar creditors' rights laws; or
(vii) a defective judicial or administrative proceeding. (b) because the instrument of transfer vesting Title as shown in
(b) The lien of real estate taxes or assessments imposed on the Schedule A constitutes a preferential transfer under federal
Title by a governmental authority due or payable, but unpaid. bankruptcy, state insolvency, or similar creditors' rights laws
(c) Any encroachment, encumbrance, violation, variation, or by reason of the failure of its recording in the Public Records
adverse circumstance affecting the Title that would be (i) to be timely, or
disclosed by an accurate and complete land survey of the (ii) to impart notice of its existence to a purchaser for value
Land. The term "encroachment" includes encroachments of or to a judgment or lien creditor.
existing improvements located on the Land onto adjoining 10. Any defect in or lien or encumbrance on the Title or other matter
land, and encroachments onto the Land of existing included in Covered Risks 1 through 9 that has been created or
improvements located on adjoining land. attached or has been filed or recorded in the Public Records
3. Unmarketable Title. subsequent to Date of Policy and prior to the recording of the
4. No right of access to and from the Land. deed or other instrument of transfer in the Public Records that
5. The violation or enforcement of any law, ordinance, permit, or vests Title as shown in Schedule A.
governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to The Company will also pay the costs, attorneys' fees, and expenses
(a) the occupancy, use, or enjoyment of the Land; incurred in defense of any matter insured against by this policy, but
(b) the character, dimensions, or location of any improvement only to the extent provided in the Conditions.
erected on the Land;
Title Insurance Company of Oregon
dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
EvCOdtp
By, President
m : ~o
Attest. 4 Secretary
r•
~t1qu Sul mow``
Form No. 1402.06 Policy Page 2
ALTA Owner's Policy (6-17-06) Polity Number: 1159268
EXCLUSIONS FROM COVERAGE (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
i The following matters are expressly excluded from the coverage of this policy, and and defenses as to any successor that the Company would have had
the Company will not pay loss or damage, costs, attomeys' fees, or expenses that against any predecessor Insured.
arise by reason of: (e) "Insured Claimant": An Insured claiming loss or damage.
1. (a) Any law, ordinance, permit, or governmental regulation (including those (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge
relating to building and zoning) restricting, regulating, prohibiting, or or notice that may be imputed to an Insured by reason of the Public
relating to Records or any other records that impart constructive notice of matters
(i) the occupancy, use, or enjoyment of the land; affecting the Title.
(ii) the character, dimensions, or location of any improvement erected on (g) "land": The land described in Schedule A, and affixed improvements that
the Land; by law constitute real property. The term "Land" does not include any
(iii) the subdivision of land; or property beyond the lines of the area described in Schedule A, nor any
(iv) environmental protection; right, title, interest, estate, or easement in abutting streets, roads,
or the effect of any violation of these laws, ordinances, or governmental avenues, alleys, lanes, ways, or waterways, but this does not modify or
regulations. This Exclusion 1(a) does not modify or limit the coverage provided limit the extent that a right of access to and from the Land is insured by
under Covered Risk 5. this policy.
(b) Any governmental police power. This Exclusion 1(b) does not modify or (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
limit the coverage provided under Covered Risk 6. instrument, including one evidenced by electronic means authorized by
2. Rights of eminent domain. This Exclusion does not modify or limit the law.
coverage provided under Covered Risk 7 or 8. (i) "Public Records": Records established under state statutes at Date of
3. Defects, liens, encumbrances, adverse claims, or other matters Policy for the purpose of imparting constructive notice of matters relating
(a) created, suffered, assumed, or agreed to by the Insured Claimant; to real property to purchasers for value and without Knowledge. With
(b) not Known to the Company, not recorded in the Public Records at Date of respect to Covered Risk 5(d), "Public Records" shall also include
Policy, but Known to the Insured Claimant and not disclosed in writing to environmental protection liens filed in the records of the clerk of the
the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located.
Claimant became an Insured under this policy; (j) "Title": The estate or interest described in Schedule A.
(c) resulting in no loss or damage to the Insured Claimant; (k) "Unmarketable Title": Title affected by an alleged or apparent matter that
(d) attaching or created subsequent to Date of Policy (however, this does not would permit a prospective purchaser or lessee of the Title or lender on
modify or limit the coverage provided under Covered Risks 9 and 10); or the Title to be released from the obligation to purchase, lease, or lend if
(e) resulting in loss or damage that would not have been sustained if the there is a contractual condition requiring the delivery of marketable title.
Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, 2. CONTINUATION OF INSURANCE
or similar creditors' rights laws, that the transaction vesting the Title as shown The coverage of this policy shall continue in force as of Date of Policy in favor
in Schedule A, is of an Insured, but only so long as the Insured retains an estate or interest in the
(a) a fraudulent conveyance or fraudulent transfer; or Land, or holds an obligation secured by a purchase money Mortgage given by a
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by
policy. reason of warranties in any transfer or conveyance of the Title. This policy shall not
5. Any lien on the Title for real estate taxes or assessments imposed by continue in force in favor of any purchaser from the Insured of either (i) an estate
governmental authority and created or attaching between Date of Policy and or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage
the date of recording of the deed or other instrument of transfer in the Public given to the Insured.
Records that vests Title as shown in Schedule A.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
CONDITIONS The Insured shall notify the Company promptly in writing (i) in case of any
L DEFINITION OF TERMS litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge
The following terms when used in this policy mean: shall come to an Insured hereunder of any claim of title or interest that is adverse
(a) "Amount of Insurance": The amount stated in Schedule A, as may be to the Title, as insured, and that might cause loss or damage for which the
increased or decreased by endorsement to this policy, increased by Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is
Section 8(b), or decreased by Sections 10 and 11 of these Conditions. rejected as Unmarketable Title. If the Company is prejudiced by the failure of the
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. Insured Claimant to provide prompt notice, the Company's liability to the Insured
(c) "Entity": A corporation, partnership, trust, limited liability company, or Claimant under the policy shall be reduced to the extent of the prejudice.
other similar legal entity.
(d) "Insured": The Insured named in Schedule A. 4. PROOF OF LOSS
(i) The term "Insured" also includes In the event the Company is unable to determine the amount of loss or
(A) successors to the Title of the Insured by operation of law as damage, the Company may, at its option, require as a condition of payment that
distinguished from purchase, including heirs, devisees, survivors, the Insured Claimant furnish a signed proof of loss. The proof of loss must describe
personal representatives, or next of kin; the defect, lien, encumbrance, or other matter insured against by this policy that
(B) successors to an Insured by dissolution, merger, consolidation, constitutes the basis of loss or damage and shall state, to the extent possible, the
distribution, or reorganization; basis of calculating the amount of the loss or damage.
(C) successors to an Insured by its conversion to another kind of
Entity; S. DEFENSE AND PROSECUTION OF ACTIONS
(D) a grantee of an Insured under a deed delivered without (a) Upon written request by the Insured, and subject to the options contained
payment of actual valuable consideration conveying the Title in Section 7 of these Conditions, the Company, at its own cost and without
(1) if the stock, shares, memberships, or other equity interests unreasonable delay, shall provide for the defense of an Insured in
of the grantee are wholly-owned by the named Insured, litigation in which any third party asserts a claim covered by this policy
(2) if the grantee wholly owns the named Insured, adverse to the Insured. This obligation is limited to only those stated
(3) if the grantee is wholly-owned by an affiliated Entity of the causes of action alleging matters insured against by this policy. The
named Insured, provided the affiliated Entity and the Company shall have the right to select counsel of its choice (subject to the
named Insured are both wholly-owned by the same person right of the Insured to object for reasonable cause) to represent the
or Entity, or Insured as to those stated causes of action. It shall not be liable for and
(4) if the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel. The Company will not pay any
by a written instrument established by the Insured named fees, costs, or expenses incurred by the Insured in the defense of those
in Schedule A for estate planning purposes. causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in
First American Title Insurance Company of Oregon
Form No. 1402.06 Policy Page 3
ALTA Owner's Policy (6-17-06) Policy Number: 1159268
Section 7 of these Conditions, at its own cost, to institute and prosecute attorneys' fees, and expenses incurred by the Insured Claimant that were
any action or proceeding or to do any other act that in its opinion may be authorized by the Company up to the time of payment and that the
necessary or desirable to establish the Tide, as insured, or to prevent or Company is obligated to pay.
reduce loss or damage to the Insured. The Company may take any Upon the exercise by the Company of either of the options provided for in
appropriate action under the terms of this policy, whether or not it shall subsections (b)(i) or (ii), the Company's obligations to the Insured under this
be liable to the Insured. The exercise of these rights shall not be an policy for the claimed loss or damage, other than the payments required to be
admission of liability or waiver of any provision of this policy. If the made, shall terminate, including any liability or obligation to defend, prosecute,
Company exercises its rights under this subsection, it must do so or continue any litigation.
diligently.
(c) Whenever the Company brings an action or asserts a defense as required 8. DETERMINATION AND EXTENT OF LIABILITY
or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of indemnity against actual monetary loss or damage
final determination by a court of competent jurisdiction, and it expressly sustained or incurred by the Insured Claimant who has suffered loss or damage by
reserves the right, in its sole discretion, to appeal any adverse judgment reason of matters insured against by this policy.
or order. (a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) the Amount of Insurance; or
(a) In all cases where this policy permits or requires the Company to (ii) the difference between the value of the Title as insured and the value
prosecute or provide for the defense of any action or proceeding and any of the Tide subject to the risk insured against by this policy.
appeals, the Insured shall secure to the Company the right to so (b) If the Company pursues its rights under Section 5 of these Conditions and
prosecute or provide defense in the action or proceeding, including the is unsuccessful in establishing the Title, as insured,
right to use, at its option, the name of the Insured for this purpose. (i) the Amount of Insurance shall be increased by 10%, and
Whenever requested by the Company, the Insured, at the Company's (ii) the Insured Claimant shall have the right to have the loss or damage
expense, shall give the Company all reasonable aid (i) in securing determined either as of the date the claim was made by the Insured
evidence, obtaining witnesses, prosecuting or defending the action or Claimant or as of the date it is settled and paid.
proceeding, or effecting settlement, and (ii) in any other lawful act that in (c) In addition to the extent of liability under (a) and (b), the Company will
the opinion of the Company may be necessary or desirable to establish also pay those costs, attorneys' fees, and expenses incurred in accordance
the Title or any other matter as insured. If the Company is prejudiced by with Sections 5 and 7 of these Conditions.
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate, 9. LIMITATION OF LIABILITY
including any liability or obligation to defend, prosecute, or continue any (a) If the Company establishes the Title, or removes the alleged defect, lien,
litigation, with regard to the matter or matters requiring such or encumbrance, or cures the lack of a right of access to or from the
cooperation. Land, or cures the claim of Unmarketable Title, all as insured, in a
(b) The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method, including litigation and the
examination under oath by any authorized representative of the Company completion of any appeals, it shall have fully performed its obligations
and to produce for examination, inspection, and copying, at such with respect to that matter and shall not be liable for any loss or damage
reasonable times and places as may be designated by the authorized caused to the Insured.
representative of the Company, all records, in whatever medium (b) In the event of any litigation, including litigation by the Company or with
maintained, including books, ledgers, checks, memoranda, the Company's consent, the Company shall have no liability for loss or
correspondence, reports, e-mails, disks, tapes, and videos whether damage until there has been a final determination by a court of
bearing a date before or after Date of Policy, that reasonably pertain to competent jurisdiction, and disposition of all appeals, adverse to the Title,
the loss or damage. Further, if requested by any authorized as insured.
representative of the Company, the Insured Claimant shall grant its (c) The Company shall not be liable for loss or damage to the Insured for
permission, in writing, for any authorized representative of the Company liability voluntarily assumed by the Insured in settling any claim or suit
to examine, inspect, and copy all of these records in the custody or without the prior written consent of the Company.
control of a third party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant provided 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
to the Company pursuant to this Section shall not be disclosed to others LIABILITY
unless, in the reasonable judgment of the Company, it is necessary in the All payments under this policy, except payments made for costs, attorneys'
administration of the claim. Failure of the Insured Claimant to submit for fees, and expenses, shall reduce the Amount of Insurance by the amount of the
examination under oath, produce any reasonably requested information, payment.
or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or 11. LIABILITY NONCUMULATIVE
governmental regulation, shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays
under this policy as to that claim. under any policy insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject, or which is executed
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or lien on the Title, and
OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this policy.
In case of a claim under this policy, the Company shall have the following
additional options: 12. PAYMENT OF LOSS
(a) To Pay or Tender Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely fixed in
To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions, the payment shall be made within 30 days.
together with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled and paid a claim under this
Upon the exercise by the Company of this option, all liability and policy, it shall be subrogated and entitled to the rights of the Insured
obligations of the Company to the Insured under this policy, other than to Claimant in the Title and all other rights and remedies in respect to the
make the payment required in this subsection, shall terminate, including claim that the Insured Claimant has against any person or property, to the
any liability or obligation to defend, prosecute, or continue any litigation. extent of the amount of any loss, costs, attorneys' fees, and expenses
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company. If requested by the Company, the Insured Claimant
the Insured Claimant. shall execute documents to evidence the transfer to the Company of these
(i) To pay or otherwise settle with other parties for or in the name of an rights and remedies. The Insured Claimant shall permit the Company to
Insured Claimant any claim insured against under this policy. In sue, compromise, or settle in the name of the Insured Claimant and to
addition, the Company will pay any costs, attorneys' fees, and use the name of the Insured Claimant in any transaction or litigation
expenses incurred by the Insured Claimant that were authorized by involving these rights and remedies.
the Company up to the time of payment and that the Company is If a payment on account of a claim does not fully cover the loss of the
obligated to pay; or Insured Claimant, the Company shall defer the exercise of its right to
(ii) To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss.
damage provided for under this policy, together with any costs,
First American Title Insurance Company of Oregon
Form No. 1402.06 Policy Page 4
ALTA Owner's Policy (6-17-06) Policy Number: 1159268
(b) The Company's right of subrogation includes the rights of the Insured to (d) Each endorsement to this polity issued at any time is made a part of this
indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the
notwithstanding any terms or conditions contained in those instruments endorsement expressly states, it does not (i) modify any of the terms and
that address subrogation rights. provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy 16. SEVERABILTIY
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this polity, in whole or in part, is held invalid or
the American Land Title Association (Rules'. Except as provided in the Rules, unenforceable under applicable law, the policy shall be deemed not to include that
there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be invalid, but all other provisions shall remain in full
persons. Arbitrable matters may include, but are not limited to, any controversy or force and effect.
claim between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a policy 17. CHOICE OF LAW; FORUM
provision, or to any other controversy or claim arising out of the transaction giving (a) Choice of Law: The Insured acknowledges the Company has underwritten
rise to this policy. All arbitrable matters when the Amount of Insurance is the risks covered by this policy and determined the premium charged
$2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests in real property and
Insured. All arbitrable matters when the Amount of Insurance is in excess of applicable to the interpretation, rights, remedies, or enforcement of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title insurance of the jurisdiction where the Land is located.
Insured. Arbitration pursuant to this policy and under the Rules shall be binding Therefore, the court or an arbitrator shall apply the law of the jurisdiction
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be where the Land is located to determine the validity of claims against the
entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the
terms of this policy. In neither case shall the court or arbitrator apply its
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law.
(a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any litigation or other proceeding brought by the
Company is the entire policy and contract between the Insured and the Insured against the Company must be filed only in a state or federal court
Company. In interpreting any provision of this policy, this policy shall be within the United States of America or its territories having appropriate
construed as a whole. jurisdiction.
(b) Any claim of loss or damage that arises out of the status of the True or by
any action asserting such claim shall be restricted to this policy. 18. NOTICES, WHERE SENT
(c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be
authenticated by an authorized person, or expressly incorporated by given to the Company under this policy must be given to the Company at 1 First
Schedule A of this polity. American Way, Santa Ana, CA 92707, Attn: Claims Department.
POLICY OF TITLE INSURANCE
S .K A M E J
First American True Insurance Company of Oregon
Form No. 1402.06 Policy Page 5
ALTA Owner's Policy (6-17-06) Policy Number: 1159268
SCHEDULE A
First American Title Insurance Company of Oregon
Name and Address of Title Insurance Company:
First American Title Insurance Company of Oregon
222 SW Columbia Street, Suite 400
Portland, OR 97201
File No.: 7073-1159268 Policy No.: 1159268
Address Reference: 13337 SW Hall Boulevard, Tigard, OR 97223
Amount of Insurance: $269,250.00 Premium: $657.00
Date of Policy: May 28, 2008 at 3:13 p.m.
1. Name of Insured:
City of Tigard a municipal corporation of the State of Oregon
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title 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:
Real property in the City of Tigard, County of Washington, State of Oregon, described as follows:
Parcel 2 of PARTITION PLAT NO. 1992-069, in the City of Tigard, County of Washington and
State of Oregon.
APN:R2027819
First American Title Insurance Company of Oregon
f
Form No. 1402.06 Policy Page 6
ALTA Owner's Policy (6-17-06) Policy Number: 1159268
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SCHEDULE B
File No.: 7073-1159268 Policy No.: 1159268
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that 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. Facts, rights, interests 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. Easements, or claims or easement, 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. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
i
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. Statutory powers and assessments of Clean Water Services.
7. Easement, including terms and provisions contained therein:
Recording Information: September 07, 1962 Book 471 and Page 217
In Favor of: Joseph S. Grimstad and Jennie C. Grimstad, husband and wife
For: Road and Utilities
8. Easement, including terms and provisions contained therein:
Recording Information: September 23, 1992 as Fee No. 92065990
In Favor of: Ron and Joan Hunts
For: Motor Vehicle Driveway
9. Easement as shown on the recorded plat/partition
For: Sanitary Sewer
First American Title Insurance Company of Oregon