2000-061534 STATE OF OREGON
County of Washington } SS
I, Je
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ment and
Clerk forrsai '` ►'ci0 County
the with "bertify that
and reUeceived
county * f said
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Doc
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Rect: 260033
08/01/2000 03:28 :42p 37.00
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SPECIAL WARRANTY DEED
J Escrow Number: 4326550R
KNOW ALL MEN BY THESE PRESENTS, That ROGER PAUL SORG and N. JEFFREY SORG,
Successor Trustees of the Testamentary Trust under will of Otto Sorg, dated June
8, 1982 herein after called grantor, for the consideration herein stated, does
hereby grant, bargain, sell, and convey unto
CITY OF TIGARD, an Oregon Municipal Corporation
�j hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements,
� hereditaments and appurtenances appertaining thereto, situated in the County of Washington
c _ State of Oregon, described as follows
See Attached Legal Description Exhibit "A ".
N1 See attached page two for Grantee's acceptance
U
Z
oix
Q And the grantor hereby covenants to and with the said grantee and grantee's heirs, successors and assigns that said real
Z Z
property is free from encumbrances created or suffered thereon by grantor and that grantor will warrant and defend the same
E.,) i and every part and parcel thereof against the lawful claims and demands of all persons claiming by, through, or under the
Z grantor except: covenants, conditions, restrictions, rights of way,
z easements and reservations of record. and 2000 -01 taxes a lien not yet payable.
F
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 25,000.00
in
Dated this 0� day of July, 2000 ; if this deed is given by a corporate grantor, its name is
signed by its authorized officers by authority of the Board of Directors.
ROGE P L 0 G, ucc ssor stee
- 'i r -
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY N. EFF EY SOR , � cc sso Tr stee
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE OFF1aAL JEAL
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ROBIN L COLCHIEU
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK NOTARY PUBLIC- OREGON
WITH THE APPROPRIATE CITY OR COUNTY PLANNING COMMISSION NO.327162
DEPARTMENT TO VERIFY APPROVED USES.
MY COMMISSION EXPIRES SEPT 27, 2003
STATE OF OREGON, County of Clackamas STATE OF OREGON, County of
Personally appeared ROGER PAUL SORG AND Personally appeared
N. JEFFREY SORG, Successor Trustees
of the Testamentary TRust under will of
Otto Sorg, dated June 8, 1982 who, being duly swom, each for himself and not one for the other, did say that
the former is the pres. & that the latter is the secretary of
and acknowledged the foregoing
i ment to be their voluntary act and deed. and that this instrument was signed on behalf of the corporation, by authority of
its board of directors and is acknowledged to be its voluntary act and deed.
Bef a me: J}t , 2000 Before me:
Notary Public for Oregon Notary Public for Oregon
My commission expires: 9/27/03 My commission expires:
After recording return to:
STATE OF OREGON.
AMY CHESTNUT
RAMIS CREW CORRIGAN & BACHRACH County of
1727 NW HOYT ST. I certify that the within instru-
PORTLAND, OR 97209 ment was received for record on the
day of ,19
at o'clock _ M., and recorded in
book/reel/volume No. on
Until a change is requested all tax statements page or as fee /file instrument/
shall be sent to the following address.
microfilm /reception No._____
CITY OF TIGARD Records of Deeds of said county.
C/O GUS DEUNAS 13125 SW HALL BLVD. Witness my hand and seal of
TIGARD, OR 97209 County affixed.
NAME TITLE.
BY Deputy
Form No. 502 - Computer 2.
Page : I Special Warranty Deed
Granto— Sorg
Grantee: City of Tigard
THIS CONVEYANCE HAS BEEN APPROVED BY THE CITY OF TIGARD
CITY OF TIGARD
by: 2 3I`OC)
ELIZABETH NEWTON, A SISTANT CITY MANAGER
n �
STATE OF OREGON, )
)ss.
County of )A/A6 rAi & ro O )
On this 31 sr day of July, 2000 before me appeared
TTTLT TALLY 'A.fn *TATTA
,.� to me personally known, who being du�ly sworn, i say
thatshe, the said Elizabeth Newton is the Assistant,-,City Manager of the City.of Tigard
the within; named Municipal Corporation, and that the said instrument was signed
and sealed in behalf of said Corporation by authority of its Board of Directors,
anj'�' am A . Meva'^" acknowledge said instrument to be :'the = free act .and deed
of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand'and affixed
�1t A rH my official seal the day and year last above written.
NOTARY PUBLIC FOR OR GON"
My commission expires
OFFICIAL SEAL
CATHERINE D WHEATLEY
l NOTARY PUBLIC-OREGON
COMMISSION NO. 322993
MY C MMISSION EXPIRES MAY 10, 2003
EXHIBIT "A"
Legal Description
A tract of land situated in the Northeast one - quarter of the Section 2,
township 2 South, Range 1 West of the Willamette Meridian, in the City of
Tigard, County of Washington and State of Oregon, described as follows:
Beginning at the Southeast corner of the property described in Document Number
82014391 of the Washington County Deed Records; thence North 45 25' 58" West,
along the Southerly line of said Document Number, a distance of 54.00 feet;
thence North 17 34' 24 West, leaving said Southerly line, a distance of 44.28
feet; thence North 23 12' 55" East a distance of 36.96 feet; thence North 03
19' 55" West a distance of 34.98 feet; thence North 45 22' 13" West a distance
of 10.82 feet; thence North 44 22' 55" East a distance of 2.00 feet to the
East line Northerly line of said Document Number; thence South 45 37' 05"
East, along said Northerly line, a distance of 40.37 feet to the Northeast
corner of said Document Number; thence South 05 34' 52" East, along said East
line, and the South line of Lot 2, BURNHAM TRACTS, a distance of 130.43 feet to
the point of beginning.
I
MEMORANDUM
TO: Dee Wise
ti
FROM: Su Peters
L'
RE: Sorg Escrow Papers
DATE: 7/31/00
1 am forwarding to you the attached copies of signed escrow papers regarding the
purchase of the Sorg property located at 12564-68 SW Main Street. Please hold these
copies until we receive the recorded copies.
Thanks.
TRANSNATION 'I INSURANCE COMPANY
5000 Slt~ [lleaclou:, RJ, Sit itc 190 Lukc Oswego. Oregon 9'0L35 50_--68-1
-0565
Transnation
July 28, 2000
RECEIVED C.O.T.
City of Tigard
13125 SW Hall Blvd. JUL 3 1 2040
Tigard, OR 97209 Administration
Attn: Elizabeth Newton, Assistant City Manager
RE: Escrow # 4326550RC
Sorg to the City of Tigard
Dear Elizabeth:
Enclosed please find the documents in connection with the closing of the above
referenced transaction.
All documents have been reviewed by Amy Chesnut. She will contacting you direct with
approval and instructions. Please sign where indicated (Warranty Deed must be
notarized) and call me for pick up. Please do not hesitate to call me if you have any
questions or concern.
We appreciated the opportunity to be of service.
Sin rely,
Robin L. Coch~u,
Senior Escrow Officer
Encl.
s
Transnation
A LANDAWE CD-y
TRANSNATION TITLE INSURANCE COMPANY
5000 SW Meadows Road Ste 190
Lake Oswego, OR 97035
Phone: (503)684-0565 Fax: 684-0851
Transnation Title Insurance Company READ AND APPROVED
Robin Cocheu CITY OF TIGARD
5000 SW Meadows Road Ste 190
Lake Oswego, OR 97035 b -
r~`"'aarrrT~i-rc"rL~
ELIZABETH NEWTON, ASSISTANT
ITY MANAGER
Date Prepared: May 24, 2000
1 st SUPPLEMENTAL
PRELIMINARY TITLE REPORT
FOR ISSUING TITLE INSURANCE
ORDER NO : W273912AE ESCROW NO. 4326550RC
PARTY REFERENCE SORG/CITY OF TIGARD
PROPERTY ADDRESS: 12564-68 SW Main Street #68 Tigard, Oregon 97223
OTHER REFERENCE
PRIOR REPORT DATED 05/22/00 IS SUPPLEMENTED OR AMENDED FOR THE FOLLOWING
Changed map enclosed
Legal description changed
Added Note(s) 2
Added Exception(s) No. 12
Deleted Exception(s) No.6,7,8,9 & 10
TRANSNATION TITLE INSURANCE COMPANY is, therefore, prepared to issue title
insurance as of the effective date and in the form and amount shown on Schedule A,
subject to the conditions, stipulations and exclusions from coverage appearing in the
policy form and subject to the exceptions shown on Schedule E. This report is
preliminary to the issuance of a policy of title insurance and shall become null and
void unless a policy is issued and the full premium paid.
This report is for the exclusive use of the persons to whom it is addressed. Title
insurance is conditioned on recordation of satisfactory instruments that establish
the interests of the parties to be insured; until such recordation, the Company may
cancel, amend, or supplement this report for any reason.
Once again, thank you for placing the order with us.
If you need assistance with this report, please contact:
Robin Cocheu, Office Manager Phone: (503)684-0565 Fax: 684-0851
Kathy Roberts, Advisory Title Officer (503)262-4714
s
t PRELIMINARY TITLE REPORT DATED May 24, 2000 ORDER NO. W27391 2AE
SCHEDULE A, Page No. 1
1. The effective date of this preliminary title report is 5:00 P.M. on
May 15, 2000
2. The Policy or Policies to be issued:
Policy/Indorsement Description Charge
ALTA Standard Owner's for $25,000.00 $ 195.00
Local Govt. Lien Search 50.00
3. Title to the land described herein is vested in:
ROGER PAUL SORG AND N. JEFFREY SORG, Successor Trustee of
Testamentary Trust under will of Otto Sorg dated June 8, 1982
4. The land referred to in this report is described as follows:
As fully set forth on Exhibit "A" attached hereto and by this
reference incorporated herein.
` Order No. W273912AE
EXHIBIT "A"
Legal Description
A tract of land situated in the Northeast one-quarter of the Section 2,
Township 2 South, Range 1 West of the Willamette Meridian, in the City of
Tigard, County of Washington and State of Oregon, described as follows:
Beginning at the Southeast corner of the property described in Document Number
82014391 of the Washington County Deed Records; thence North 450 25' 58" West,
along the Southerly line of said Document Number, a distance of 54.00 feet;
thence North 170 34' 24" West, leaving said Southerly line, a distance of 44.28
feet; thence North 230 12' 55" East a distance of 36.96 feet; thence North 030
19' 55" West a distance of 34.98 feet; thence North 450 22' 13" West a distance
of 10.82 feet; thence North 440 22' 55" East a distance of 2.00 feet to the
East line Northerly line of said Document Number; thence South 450 37' 05"
East, along said Northerly line, a distance of 40.37 feet to the Northeast
corner of said Document Number; thence South 050 34' 52" East, along said East
line, and the South line of Lot 2, BURNHAM TRACTS, a distance of 130.43 feet to
the point of beginning.
F
PRELIMINARY TITLE REPORT DATED May 24, 2000 ORDER NO. W27391 2AE
SCHEDULE B, Page No. 1
Except for the items property cleared through closing, the proposed policy or policies
will not insure against loss or damage which may arise by reason of the following:
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 notice 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 thereof.
3. Easements, 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, or claims or title to water.
4. Any lien, or right to a lien, for unemployment taxes workman's compensation,
services, labor, equipment rental or material, heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or
any other facts which a correct survey would disclose.
NOTE: If an ALTA Extended Lenders Policy is desired, Exceptions 1 through 5 may
be modified or eliminated from the policy based upon receipt and review of the
following:
(a) A survey of the subject property. Should a survey not be required for loan
purposes, Transnation Title could consider other alternatives, such as an
inspection or review of a site plan. Please contact your Transnation Title
representative for assistance.
(b) Proof that there are no parties in possession or claiming to the right to be
in possession other than the vestees herein and that there are not existing
leases or tenancies.
(c) Proof that there are not statutory liens or labor or material, including
liens for contributions due to the State of Oregon for unemployment compensation
and for workmen's compensation which have not gained or hereafter may gain
priority over the lien of the insured mortgage, which liens do not now appear of
record.
(d) An additional premium charged for the extended coverage.
6. DELETED.
DELETED
S. DELETED.
9. DELETED.
(Continued)
I
SCHEDULE B, Page No. 2
Exceptions, Continued Order No.: W273912AE
10. DELETED.
11. Any validity or defect in the title of the vestee(s) herein in the event the trust
under which title is held is invalid or fails to confer sufficient powers in the
trustee(s), or in the event there is a lack of compliance with the terms and
provisions of the trust.
If the forthcoming conveyance is to be executed by the original trustee(s), it will
not be necessary to furnish a copy of the trust agreement.
12. Lack of a right of access to and from said land. The property herein described does
not appear, of record, to have access to a public street or way.
NOTE 1: Taxes paid in full for the year 1999-2000
Total Amount $2,349.43
Levy Code 023.74
Account No. R461770
Map No. : 2S12AC-01100
NOTE 2: The proposed transaction may be subject to statutory requirements for the
partitioning or subdivision of land pursuant to Chapter 92 of Oregon Revised
Statutes. violation may subject parties to both civil and criminal penalties.
Furthermore, title insurance policies doe not provide coverage against violation of
these statutes.
END OF REPORT.
PAW/mss
S . W . 1/4 N.E 1/4 SECTION 2 T2 S R I W W.M.
WASHINGTON COUNTY OREGON
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THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES, AND THE `7
COMPANY ASSUMES NO LIABILITY FOR VARIATIONS, IF ANY, IN DIMENSIONS, AREAS, AND LOCATIONS
ASCERTAINED BY ACTUAL SURVEY.
Page f Special Warranty Deed
Grantor: Sorg
Grantee: City of Tigard
THIS CONVEYANCE HAS BEEN APPROVED BY THE CITY OF TIGARD
CITY OF TIGARD
311DC)
by: 2 a i4 JIJUAM
ELIZABETH NEWTON, A SISTANT CITY MANAGER
n ~
STATE OF OREGON, )
)ss.
County of W( 6kznc 6, rON )
On this 'J( St- day of July, 2000 before me appeared
TTTTT TA~A A l.Al11TA TTAT
to me personally known, who being,.,,du~ly sworn, i say
thatshe, the said Elizabeth Newton is the Assistant,,, City Manager of the City-of Tiga,,
the within; named Municipal Corporation, and that the said instrument was signed
and sealed in behalf of said Corporation by authority of its Board of Directors,
anj~"="4 e- A . M R h n acknowledge said instrument to be :the free act and'deed
of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand'and affixed
~1i2 A g c'Tfk my official seal the day and year last above written.
NOTARY PUBLIC FOR OREGON'
My commission expires ~51101at)03
41 OFFICIAL SEAL
CAT4iERINE C WMEATLEY
NOTARY PUBLIC-OREGON
COMMISSION NO. 322993
MY COi~"MISSION EXPIRES MAY 10, 2003
EXHIBIT "A"
Legal Description
A tract of land situated in the Northeast one-quarter of the Section 2,
Township 2 South, Range 1 West of the Willamette Meridian, in the City of
Tigard, County of Washington and State of Oregon, described as follows:
Beginning at the Southeast corner of the property described in Document Number
82014391 of the Washington County Deed Records; thence North 451 25' 58" West,
along the Southerly line of said Document Number, a distance of 54.00 feet;
thence North 170 34' 24" West, leaving said Southerly line, a distance of 44.28
feet; thence North 230 12' 55" East a distance of 36.96 feet; thence North 030
19' 55" West a distance of 34.98 feet; thence North 450 22' 13" West a distance
of 10.82 feet; thence North 440 22' 55" East a distance of 2.00 feet to the
East line Northerly line of said Document Number; thence South 450 37' 05"
East, along said Northerly line, a distance of 40.37 feet to the Northeast
corner of said Document Number; thence South 050 34' 52" East, along said East
line, and the South line of Lot 2, BURNHAM TRACTS, a distance of 130.43 feet to
the point of beginning.
SPECIAL WARRANTY DEED
Escrow Number: 432655OR
KNOW ALL MEN BY THESE PRESENTS, That ROGER PAUL SORG and N. JEFFREY SORG,
Successor Trustees of the Testamentary Trust under will of Otto Sorg, dated June
8, 1982 herein after called grantor, for the consideration herein stated, does
hereby grant, bargain, sell, and convey unto
CITY OF TIGARD, an Oregon Municipal Corporation
hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements,
hereditaments and appurtenances appertaining thereto, situated in the County of Washington
State of Oregon, described as follows :
See Attached Legal Description Exhibit "A".
See attached page two for Grantee's acceptance
And the grantor hereby covenants to and with the said grantee and grantee's heirs, successors and assigns that said real
property is free from encumbrances created or suffered thereon by grantor and that grantor will warrant and defend the same
and every part and parcel thereof against the lawful claims and demands of all persons claiming by, through, or under the
grantor except: covenants, conditions, restrictions, rights of way,
easements and reservations of record. and 2000-01 taxes a lien not yet payable.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 25,000.00
in
Dated this a _ day of July, 2000 ; if this deed is given by a corporate grantor, its name is
signed by its authorized officers by authority of the Board of Directors.
ROGE P 'L 0 G, y ITHIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY N. EFF EY SOR cc sso Tr stee
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE OF efAL EAL
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ROBIN LC HEU
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK NOTARY PUBLIC-OREGON
WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES. COMMISSION N0.327162
[my COMMISSION EXPIRES SEPT 27, 2003
STATE OF OREGON, County of Clackamas STATE OF OREGON, County of
Personally appeared ROGER PAUL SORG AND Personally appeared
N. JEFFREY SORG, Successor Trustees
of the Testamentary TRust under will of
Otto Sorg, dated June 8, 1982 who, being duly swom, each for himself and not one for the other, did say that
the former is the pres. & that the latter is the secretary of
and acknowledged the foregoing
i ment to be their voluntary act and deed. and that this instrument was signed on behalf of the corporation, by authority of
its board of directors and is acknowledged to be its voluntary act and deed.
Bef a me: July c~ 2000 Before me:
C'N
ti
Notary Public for Oregon Notary Public for Oregon
My commission expires: 9/27/03 My commission expires:
After recording return to: STATE OF OREGON.
AMY CHESTNUT
RAMIS CREW CORRIGAN & BACHRACH County of
1727 NW HOYT ST. I certify that the within instru-
PORTLAND, OR 97209 ment was received for record on the
day of ,19 ,
at o'clock _ M., and recorded in
book/reel/volume No. on
Until a change is requested all tax statements page or as fee/file instrument/
snap be sent to the following address. microfilm/reception No.
CITY OF TIGARD Records of Deeds of said county.
C/O GUS DEUNAS 13125 SW HALL BLVD. Witness my hand and seal of
TIGARD, OR 97209 County aff ixed.
NAME TITLE.
BY Deputy
Gnrm Nn Fn9-comnUter
"4' - - ''Ti ,1i1;
BUYER'S INSTRUCTIONS
TRANSNATION TITLE INSURANCE COMPANY
5000 S.W. Meadows Road, Suite 190 DATE:.July 28,'2000
Lake Oswego, Oregon 97035 ESCROW NUMBER: 4326550r
Enclosed,herewith are: "'.CHECK/CASH iii :the ;amount, of $26;040!.89
_ i ',11 ^
Site Coverage and Setbdek Agreement (Documents an& tert68,,'thertof have:_been,;ekamined and
aPproved'by Buyer)'...
You are hereby authorized to deliver and/or record all of said documents and disburse said
funds, together with the proceeds of any deed of trust/mortgage mentioned below, on
account of the purchase price for the real property described in your above•numbe.red
escrow and on account of the other costs, fees and adjustments in that connection, when
you can issue a Standard Coverage Title Insurance Policy in the amount of $25,000.00,
showing title vested in
CITY OF TIGARD, an Oregon Municipal Corporation
SUBJECT TO: COUNTY and/or CITY TAXES not delinquent; BONDS and/or SPECIAL ASSESSMENTS not
delinquent; and COVENANTS, CONDITIONS, RESTRICTIONS,,RIGHTS OF WAY,,EASEMENTS AND
RESERVATIONS now of record.
Pro-rate as of day of recording (based on 365 day year), Real Property Taxes (based on the
latest available tax bills).
These instructions are effective upon execution and thereafter until revoked by written
demand on you by the undersigned or any one of them. I hereby agree to pay all my proper
costs and fees, including any adjustments, and request you to remit balance to me at the
address shown below.
If you are the prevailing party in any action or proceeding between you and some or all of
the parties to this escrow, you shall be entitled to all costs, expenses, and reasonable
attorney's fees expended or incurred in connection therewith. If you are required to
respond to any legal summons or proceeding not involving a breach or fault upon your part,
the parties to this escrow jointly and severally agree to pay all costs, expenses, and
reasonable attorney's fees expended or incurred by you, and the parties hereto further
agree to indemnify you against all loss and expense in said action or proceeding.
It is understood that any unpaid utility charges including service, installation or
connection charges for sewer, water or electricity will be adjusted between the seller and
buyer outside of this escrow.
The undersigned has reviewed and approved a copy of preliminary Title Report No. W273912AE,
dated May 15, 2000, issued by TRANSNATION TITLE INSURANCE COMPANY.
If you pay off a trust deed in the course of closing this escrow and are unable to procure
a release within 60 days, you are authorized to release the lien pursuant to ORS 86.720.
The undersigned acknowledge that all contingencies involved in this transaction,
specifically set forth in the Purchase and Sale Agreement in connection herewith, have beer
or will be satisfied outside this escrow, with no responsibility and/or liability to the
escrow holder. You are instructed to proceed with the closing of this escrow.
Buyer and Seller are aware that taxes have not been certified by Washington County and you
are unable to obtain an accurate tax amount for the purposes of prorating. You are hereby
authorized and instructed to prorate taxes based on the amount of $331.87, which is the
1999-00 taxes. If there is any discrepancy in said amount at the time the 2000-01 taxes
are billed, said discrepancy will be satisfied between the parties outside of this escrow
with no liability or responsibility to Transnation Title Insurance Company.
The undersigned hereby acknowledges that the moneys handed to Transnation Title Insurance
Company by the undersigned in connection with this escrow will be deposited by Transnation
into a non-interest bearing account with a financial institution ("the funds depository")
whose deposits are covered by FDIC insurance. The undersigned further acknowledges that,
in calculating the amount of available insurance, the FDIC will consolidate moneys
deposited under this escrow with all other funds of the undersigned which are on deposit
with the funds depository. The undersigned does therefore hereby release Transnation Title
Insurance Company from any liability and assumes all responsibility for any loss to the
undersigned which may result from a lack of FDIC insurance in excess of $100,000.00. The
undersigned acknowledges that the disclosure notice required by OAR 863-50-065(2) has been
provided by separate written document and agrees that Transnation Title Insurance Company
may make beneficial use of the funds deposited pursuant to this escrow.
BUYER'S INSTRUCTIONS
_ Page 2 OF 3
DATE: July 28, 2000 ESCROW NUMBER: 432655Or
IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS OR THOSE INSTRUCTIONS
WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN
THIS FIRM AS AN ESCROW AGENT AND YOU AS PRINCIPAL TO THE ESCROW TRANSACTION. THESE
INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT, WHICH IS THE SUBJECT OF THIS
ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM-UNLESS THEY ARE ACCEPTABL
TO YOU.
.Buyer: Buyer:
CITY OF TIGARD CITY OF TIGAIRD
Received 20 Time by
TRANSNATION TITLE INSURANCE COMPANY BY: Gbhkv ~Y~
ELIZABETH NEWTON, ASSISTAN AT CITY MANAC
~NUV
BY:
ROBIN ~ L.-COCHEU, SENIOR :ESCROW OFFICER .
NOTE: Name and address to be placed on Address:
deed for mailing tax bill is:
CITY OF TIGARD City:
C/O GUS DEUNAS 13125 SW HALL BLVD.
TIGARD,,.OR 97209 Phone No:
:1i)
t.
ESCROW NO. 4326550r
July 28, 2000
Page 3 OF 3
BUYER'S ESTIMATED STATEMENT
DEBIT CREDIT
SELLING PRICE 25,000.00
TITLE CHARGE(S):
Escrow Fee 350.00
Owner's Policy 195.00
RECORDING CHARGE(S):
Deed 27.00
SITE CVRG & SET BACK AGREE 47.00
PRORATION(S): AT PER FROM TO
Taxes 331.87 annum 07-01-00 08-01-00 28.11
ADDITIONAL CHARGE(S):
REIMBURSE SELLER ATTY FEES 450.00
TOTAL AMOUNT DUE FROM BUYER 26,040.89
TOTALS $ 26,069.00 $ 26,069.00
CITY OF TIGARD
v v l"
Z.
BY: ELIZABETH NEWTON, ASSISTANT CITY MANAGER
SETTLEMENT AGENT:
$D 1► v Transnation Title Insurance Company
5000 S.W. Meadows Road, Suite 190
Lake Oswego, Oregon 97035
I
WILL CALL/PICK UP
Fill out this form completely and attached it securely
to the document(s). Bring it to the WILL CALL / PICK
UP area at the Front Counter and file in the
ppropriate alphabetical slot by last name/company.
TO: t' CUC ~rFcr
COMPANY NAME:
DOCUMENT NAME: zf,7DC?,e& t&-)
FROM:y i L-E t
DEPARTMENT:
DATE TO WILL CALL:
FEE: -tom
If the document is not picked up within 5 working
days of the "DATE TO WILL CALL", the document
will be returned to the originator.
RETURNED TO ORIGINATOR DATE:
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RAM IS
CREW MAY 19 2000
CORRIGAN &
BACHRACH LLP Ur I IUARD
ATTORNEYS AT LAW
Amy Chesnut
Direct Dial (503) 306-0254
1727 N.W. Hoyt Street Direct Fax: (503) 306-0290
Portland, Oregon 97209 E-mail: amyc@rccb.com
(503) 222-4402
Fax: (503) 243-2944
May 18, 2000
JEFF H. BACHRACH
MARK L. BUSCH
AMY A. CHESNUT
CHARLES E. CORRIGAN* Mr. Gus Duenas
STEPHEN F. CREW City of Tigard
HEIDI T. DECKER*** 13125 SW Hall Boulevard
MARTIN C. DOLAN
GARY FIRESTONE* Tigard, OR 97223
WII.LIAM E. GAAR*
DANA L. KRAWCZUK RE: Sorg Property
SUE-DEL McCULLOCH
T. CHAD PLASTER*
TIMOTHY V. RAMIS Dear Gus:
WILLIAM J. STALNAKER
DOMINIC G..COLLETTA** Enclosed is the original fully-executed Purchase and Sale Agreement. I
JOHN R. McCULLOCH, JR. have opened escrow with Robin Cocheu of Transnation Title.
OF COUNSEL
Pursuant to the Agreement, the City's study period expires on July 10,
2000. I have contacted Gary Hahn of Hahn and Associates to schedule the
Level I Environmental Assessment. It would be economically advantageous
to schedule both the Sorg and Hammond properties to be investigated at the
SALEM OFFICE same time. I will wait a few days to finalize the investigation date with the
21 Oaks Office Building hope we receive the executed agreements from the Hammonds.
525 Glen Creek Rd., NW
Suite 300 Please give me a call if you would like to discuss these matters in more
Salem, Oregon 97304 detail. Thank you.
(503) 363-9604
Fax: (503) 363-9626 Sincerely,
Amy A. Chesnut
Enclosure
*Also Admitted To Practice In Washington **Mw Admitted To Practice In California
***Also Admitted to Practice in Utah
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is entered into as of May 11 2000 (the "Effective Date"),
between ROGER PAUL SORG and N. JEFFREY SORG as SUCCESSOR TRUSTEES OF THE
TESTAMENTARY TRUST set forth in the last will and testament of OTTO SORG, dated June
8, 1982 ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser").
RECITALS
A. Seller is the owner of property comprising approximately 4,184 square feet, which
is part of a larger parcel of land located in Washington County, Oregon. The Larger Parcel is
commonly described as a part of Section 2, Township 2 South, Range 1 West, Willamette
Meridien, in the City of Tigard, Washington County, Oregon. The parcel of land subject to this
Agreement is described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property").
B. Purchaser desires to purchase the Property from Seller, and Seller desires to sell
the Property to Purchaser.
C. It is the intention of the parties to set forth in this Agreement the terms and
conditions of the sale and purchase of the Property and the grant of the described easement.
D. These recitals are contractual in nature and shall be construed to give full effect to
the provisions of this Agreement.
AGREEMENT
In consideration of the mutual promises set forth in this Agreement, the parties agree as
follows:
1. Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchaser to
Seller for the Property is Twenty Five Thousand and No/100 Dollars ($25,000). The Purchase
Price shall be payable in cash or other readily available funds through escrow at the Closing (as
defined below).
2. Escrow.
2.1 Escrow Agent. Upon execution of this Agreement, the parties shall
deliver a copy of this fully executed Agreement to Tansnation Title Insurance Company, 5285
SW Meadows Road, Lake Oswego, OR (the "Escrow Agent"). Seller and Purchaser hereby
authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the
terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective
attorneys to execute and deliver into escrow any additional instructions consistent with this
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Agreement as may be necessary or convenient to implement the terms of this Agreement and to
close this transaction.
2.2 Cancellation Fees and Expenses. In the event this escrow terminates
because of the non-satisfaction of any condition set forth in Section 3, any cancellation charges
required to be paid to Escrow Agent shall be borne by Purchaser. In the event this escrow
terminates because of Purchaser's default, any cancellation charges required to be paid to Escrow
Agent shall be borne by Purchaser. In the event this escrow terminates because of Seller's default,
any cancellation charges required to be paid to Escrow Agent shall be borne by Seller.
3. Conditions Precedent to Purchaser's Obligation to Close.
Purchaser's obligation to close the transaction described in this Agreement is expressly
contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent:
3.1 Approval of Title by Purchaser.
3.1.1 Preliminary Title Report. Within five (5) days of the
effective date of this Agreement, Seller, at Seller's expense, shall obtain a Preliminary Title Report
issued by the Escrow Agent, describing the Property, listing the Purchaser or the Purchaser's
designee as the prospective named insured, and showing as the policy amount the total Purchase
Price. The Escrow Agent shall also deliver to Purchaser copies of any financing statements filed
against the Property and true, correct and legible copies of all instruments referred to in such
Preliminary Title Report as conditions or exceptions to title to the Property, including liens.
3.1.2 Title Objections
3.1.2.1 Notice to Seller. In the event the Preliminary Title .
Report should show any exceptions other than the Permitted Exceptions (defined below),
Purchaser shall deliver to Seller written notice of disapproval of exceptions within ten (10) days of
the effective date of this Agreement. Failure of Purchaser to disapprove of any exception within
such time shall be deemed an approval.
3.1.2.2 Seller's Removal of Exceptions. In the event
Purchaser shall disapprove any exceptions to title, Seller, within five (5) days of written notice of
disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that Seller
agrees to remove, or will not remove, prior to the Closing.
3.1.2.3 Purchaser's Remedies. In the event Purchaser does
not approve the exceptions and Seller is unable or unwilling to remove the same with the exercise
of due diligence prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) terminate
this Agreement, in which event all the rights and obligations of the parties under this Agreement
shall be null and void; or (ii) agree to close this transaction subject to all unremoved exceptions.
In no event shall Seller be required to remove or to reimburse Purchaser for the removal of any
lien or other exception to title created by Purchaser's activities with respect to the Property.
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3.1.3 Permitted Exce tions. As used herein, the term "Permitted
Exceptions" means:
3.1.3.1 The standard printed exceptions contained in the
Preliminary Title Report of zoning ordinances, building and use restrictions, reservations and
federal patents, and utility easements of record.
3.1.3.2 The standard printed exception for encroachments,
overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey
and inspection of the premises to the extent allowed by applicable rules and regulations unless
Purchaser obtains a survey of the Property, at its sole expense, and Purchaser obtains the right to
object to any exceptions that would be disclosed by an accurate survey.
3.1.3.3. The standard exception as to the lien for taxes, limited to
the period during which Closing is scheduled to occur for which said taxes are not yet due and
payable.
3.1.3.4 Any exception contained in the Preliminary Title Report
that has been approved by Purchaser.
3.1.3.5 Any lien or encumbrance created by Purchaser, including
any from Purchaser to Seller.
3.2 Creation of Legal Parcel/Easement if Creation of Legal Parcel not
Possible. The parties acknowledge that it will be necessary to partition the Property from the
Larger Parcel, and to establish the Property as a legal parcel, or alternatively to obtain a lot-line
adjustment to other property owned by Purchaser. Purchaser agrees to bear the cost and expense
of such partition and Seller and Purchaser agree that they will execute all documents and perform
all acts necessary to complete such partition as promptly as practicable. If, at any time, Purchaser
shall determine that the partition of the Property or a lot-line adjustment is not feasible, Purchaser
shall notify Seller in writing of such determination, and the parties agree in such event that this
Agreement shall be converted to an agreement for a grant by Seller to Purchaser of a perpetual,
exclusive easement on, over, under and across the Property for purposes of construction, re-
construction and maintenance of a pedestrian and bicycle pathway for use by the general public.
In the event that the transaction is converted into the granting of an easement, Purchaser shall
assume the perpetual liability for the payment of real property taxes, if any, which may be
separately assessed against the easement interest in the Property, or if the easement interest is not
separately assessed, Purchaser shall reimburse Seller a proportion of the taxes on the land, which
the area of the easement property bears to the area of the whole parcel of which it is a part.
Purchaser shall defend and hold Seller harmless for any claims by third parties arising from the use
of the Property as a public pedestrian and bicycle pathway.
3.4 Approval of Studies. Purchaser shall have sixty (60) days (the "Study
Period") to undertake such tests, investigations and studies of the Property as Purchaser shall
deem necessary or appropriate to determine the suitability of the property for Purchaser's
intended use. Seller agrees that Purchaser shall have such access to the Property as Purchaser or
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its agents shall require to perform such tests, investigations and studies, and Seller shall
reasonably cooperate with Purchaser and its agents with regard thereto. The Property is being
and has been managed by a professional management company. During the Study Period, Seller
agrees to provide Purchaser access to the records of Seller's property management company
which relate to the Property for inspection purposes. Purchaser agrees to keep all information
obtained from any inspection confidential, disclosing any information only to such advisers and
consultants as necessary for Purchaser's investigation, which advisers and consultants shall also
keep said information confidential. The cost and expense of such tests, investigations and studies
shall be borne by Purchaser, and Purchaser agrees to indemnify Seller from any claims, harm or
loss arising out of the conduct thereof by Purchaser and its agents. In the event that Purchaser
shall determine, in its absolute discretion, that the Property is not suitable for its purposes,
Purchaser may terminate this Agreement by written notice thereof given to Seller at any time
within the Study Period. Such notice shall serve as a termination of this Agreement, and the
parties shall thereafter have no further obligations toward each other pursuant hereto. In the
event Purchaser shall elect to terminate this Agreement as a result of such tests, investigations or
studies, Purchaser agrees to provide to Seller copies of all reports thereof which Purchaser may
have received at the time of giving notice of termination.
3.5 Failure of Conditions Precedent. In the event of a failure of any
condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this
Agreement pursuant to Section 3. 1, the escrow and the rights and obligations of Purchaser and
Seller under this Agreement shall terminate.
4. Seller's Warranties.
4.1 Marketable Title. Seller warrants that to the best of Seller's knowledge
and without investigation, at the time of Closing, no work, labor or materials have been expended,
bestowed or placed upon the Property, adjacent thereto or within any existing or proposed
assessment district which will remain unpaid at close of escrow or upon which alien may be filed
at close of escrow.
4.2 Parties in Possession. There may be an existing month-to-month rental
agreement on the Property between Seller and Nine-T-Nme Towing, Inc. If necessary, Seller
shall obtain a termination of the rental agreement for that portion of the rental agreement which
incorporates the Property and warrants that as of the close of escrow, there will be no rental
agreements or leases affecting the Property.
4.3 Authori of Seller. Seller warrants that it has the authority to execute
this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations
hereunder, and that the party executing this Agreement on behalf of Seller has been fully
authorized by appropriate resolution to bind Seller to the terms and provisions hereof.
4.4 No Option to Acquire Premises. Seller represents that no person or
entity has any right of first refusal or option to acquire any interest in the property or any part
thereof.
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4.5 General Representation. The Seller's representations and warranties
contained here are true and accurate, and are not misleading. The Seller's representations and
warranties contained here shall be continuing and shall be true and correct as of the Closing Date
with the same force and effect as if remade by the Seller in a separate certificate at that time. The
Seller's representations and warranties contained here shall not survive the close of escrow and
shall not merge into the deed and the recordation of the deed in the official records.
4.6 AS-IS. Except as otherwise stated herein, Purchaser is purchasing the
Property "as is" in its present condition and with all defects apparent or not apparent and without
warranties, express or implied.
5. Closing.
5.1 Closing Date. The closing (the "Closing") of the sale of the Property by
Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent within thirty (30)
days of the satisfaction or waiver of the conditions set forth in Section 3, and all subparts thereof;
of this Agreement (the date of the Closing being the "Closing Date"). The transaction
contemplated in this Agreement is "closed" when the Deed (as defined below), or the easement
described in Section 3.2, is recorded, all other documents required by this Agreement are
executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in
this Agreement.
5.2 Deliveries to Escrow A ent. In connection with the Closing, the
following shall occur, and the performance or tender of performance of all matters set forth in this
Section 5.2 shall be mutually concurrent conditions:
5.2.1 Seller's Deliveries. On or before the Closing Date, Seller, at
Purchaser's cost and expense, shall deliver the following into escrow:
(i) Special Warranty Deed ("Deed"), fully executed and
acknowledged by Seller,. conveying to Purchaser the
Property free and clear of all encumbrances other than the
Permitted Exceptions..
(ii) If it is confirmed that Nine-T-Wine Towing, Inc.'s month-
to-month rental agreement incorporates the Property, a
Termination of the rental agreement between Seller and
Nine-T-Nine Towing; Inc. as to that portion of the rental
agreement which incorporates the Property.
(iii) At Closing, Seller shall cause to be issued to Purchaser an
ALTA standard coverage owner's title policy in the amount
of the total Purchase Price that shall insure fee simple, inde-
feasible title to the Property in Purchaser, subject only to the
Permitted Exceptions; provided that Purchaser shall have
the right to order an ALTA extended coverage owner's
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t
policy. Purchaser shall be responsible for and pay the
premium for the standard ALTA owner's policy; and
Purchaser shall pay the additional premium for an ALTA
extended coverage owner's policy, together with all related
expenses.
(iv) Certificate executed and sworn to by Seller (a) confirming
Seller's United States taxpayer identification number and (b)
stating that Seller is not a "foreign person" within the
meaning of Section 1445 of the Internal Revenue Code of
the United States of America of 1986 and otherwise in
compliance with § 1.1445-2T of the regulations promulgated
thereunder.
5.2.2 Purchaser's Deliveries. On or before the Closing Date,
Purchaser shall deliver the Purchase Price into escrow.
5.3 Closing CostsProrations. Purchaser shall pay all escrow fees, the cost
of recording the Deed and the cost of an ALTA standard coverage owner's policy of title
insurance. Purchaser shall pay Washington County transfer taxes. Ad valorem and similar taxes
and assessments relating to the Property shall be prorated between Seller and Purchaser as of the
Closing Date,, Seller being charged and credited for the same up to such date and Purchaser being
charged and credited for the same on and after such date. If the actual amounts to be prorated are
not known at the Closing Date, the proration shall be computed on the basis of the evidence then
available; when actual figures are available a cash settlement shall be made between Seller and
Purchaser. The provisions of this Section 5.3 shall survive the Closing.
5.4 Authori Documents. Purchaser and Seller shall, if requested by the
other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate
the sale and purchase contemplated by this Agreement.
5.5 Possession. Seller shall deliver to Purchaser possession of the Property
on the first full day after completion of the Closing.
6. Remedies.
6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its
obligations under this Agreement for any reason other than failure of a condition precedent to
occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, then Seller may
terminate this Agreement by notifying Purchaser thereof, in which event Seller shall have all
remedies available at law and equity.
6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its
obligations under this Agreement for any reason other than termination of this Agreement by
Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and
thereafter neither party hereto shall have any further rights or obligations hereunder, or (ii)
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Purchaser may seek any other rights, resources or remedies (including, without limitation, specific
performance) available to Purchaser, such rights, remedies and resources hereunder to be
cumulative, and not in exclusion of any other.
7. Reimbursement of Seller's Attorney's Fees. Purchaser shall reimburse Seller in an
amount not to exceed Five Hundred and 00/100 Dollars ($500.00) for Seller's attorney's fees for
services rendered in connection with the review of this Agreement.
8. Transplant of Family Rhododendrons. Purchaser has conducted preliminary
studies and investigations with regard to the feasibility of transplanting ten (10) Sorg family 3 1
rhododendrons, at no stated value, from other property of the Sorg family to Summer Lake Park
to assist in the establishment of a monument to the Sorg family history in the City of Tigard.
Purchaser shall continue to pursue applicable studies and investigations, and if physically and
financially feasible, shall perform such transplant and provide a monument plaque at Purchaser's
expense not to exceed $5,000.
9. Fencing. In the event the existing fence on the Property is disturbed by
Purchaser, or in the event Purchaser erects any fencing on the Property, Purchaser agrees to
replace and/or install the fencing on the newly created lot line between the Property and the
property Seller is retaining.
10. General Provisions.
10.1 Time. TIME IS OF THE ESSENCE of this Agreement.
10.2 Full Authority. Each of the signatories to this Agreement represents and
warrants that he/she has the full right, power, legal capacity and authority to enter into and
perform his obligations hereunder and no approval or consents of any other person are necessary
in connection herewith.
10.3 Negation of Agency and Partnership. Any agreement by either party to
cooperate with the other in connection with any provision of this Agreement shall not be
construed as making either party an agent or partner of the other party.
10.4 Applicable Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Oregon.
10.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS
AGAINST FARMENG OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
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I
I
i
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
10.6 Severability. If any provision of this Agreement shall be held to be void
or invalid, the same shall not affect the remainder hereof which shall be effective as though the
void or invalid provision had not been contained herein.
10.7 Modification or Amendments. No amendment, change or modification
of this Agreement shall be valid, unless in writing and signed by all the parties hereto.
10.8 Waiver. Except as otherwise provided in this Agreement, failure of
. either party at any time to require performance of any provision of this Agreement shall not limit
the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a
waiver of any succeeding breach of the provision or a waiver of the provision itself or any other
provision.
10.9 Assignment. Seller shall not delegate its duties under this Agreement to
any party without the written consent of Purchaser which may be granted or withheld in the sole
and unfettered discretion of Purchaser. Purchaser shall not assign its right, title and interest under
this Agreement without the prior written consent of Seller, which consent shall not be
unreasonably withheld by Seller, provided, however that no such consent shall release Purchaser
from its obligations hereunder.
10.10 Successors and Assigns. Subject to the provisions of Section 7.9, this
Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their
respective heirs, legal representatives, successors and assigns.
10.11 Notice. All notices required or provided under this Agreement shall be
in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as
certified mail, postage prepaid, directed to the other parry at the address set forth below or such
other address as the party may indicate by written notice to the other as provided herein; notice
given in any other manner shall be effective upon receipt by the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
If to Seller, to: N. Jeffrey Sorg
24 Aquinas
Lake Oswego, Oregon 9703 5
If to Purchaser,
to: City of Tigard
Attn: Gus Duenas
13125 SW Hall Boulevard
Tigard, OR 97223
With a copy to: Dominic G. Colletta
Ramis Crew Corrigan
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& Bachrach
1727 N.W. Hoyt Street
Portland, Oregon 97209
10.12 Counterparts. This Agreement may be executed in several counterparts,
each of which shall be an original, but all of which shall constitute but one and the same
agreement.
10.13 Captions and Headings. The captions and headings of this Agreement
are for convenience only and shall not be construed or referred to in resolving questions of
interpretation or construction.
10.14 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any
period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the
next day which is not a Saturday, Sunday or such holiday.
10.15 Commissions. Each party warrants that it has not utilized the services
of an agent, broker or finder with regard to the transaction contemplated by this Agreement.
Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby
agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third
parties not named herein for brokerage, commission, finder's or other fees relative to this
Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or
expenses arising therefrom, and alleged to be due by authorization of the indemnifying party.
10.16 Attorney Fees. If a suit, action, or other proceeding of any nature
whatsoever (including any proceeding under the U. S. Bankruptcy Code) is instituted in
connection with any controversy arising out of this Agreement or to interpret or enforce any
rights hereunder, the prevailing party shall be entitled to recover its attorneys', paralegals',
accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and
reasonably necessary in connection therewith, as determined by the court at trial or on any appeal
or review, in addition to all other amounts provided by law.
10.17 Seller is Broker. The parties hereto are aware that Jeff Sorg, a Co-
Trustee of the Seller, is an Oregon licensed real estate broker. No party hereto has relied upon
any statements or actions of Jeff Sorg and all parties have been advised to seek the advice of their
respective lawyer and/or accountant before entering into this Agreement.
10.18 Entire , Bement. This Agreement constitutes the entire agreement
between and among the parties, integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof.
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t '
EXECUTED as of the Effective Date..
SELLER: PURCHASER:.
THE OTTO SORG TESTAMENTARY CITY OF TIGARD, an Oregon municipal
TRUST corporation
Rog aul or Successor T Print Name: ~17/iA A_ /7!low~,tiM
Title: C! f M a mars
Duly Authorized Representative
N. Je ery Sorg, S ces or T
ACCEPTANCE BY TITLE COMPANY
Transnation Title Insurance Company, by its duly authorized signature below, agrees to accept
this escrow on the terms and conditions of, and to comply with the instructions contained in, the
foregoing Agreement.
Transnation Title Insurance Company
By.
Print Name
Its:
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EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN THE NORTHEAST ONE QUARTER OF THE
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY
DESCRIBED IN DOCUMENT NUMBER 82014391 OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE N 450 25'58"W, ALONG THE
SOUTHERLY LINE OF SAID DOCUMENT NUMBER, A DISTANCE OF 54.00
FEET; THENCE N 170 34'24"W, LEAVING SAID SOUTHERLY LINE, A
DISTANCE OF 44.28 FEET; THENCE N 230 12'55" E A DISTANCE OF
36.96 FEET; THENCE N 03119'55" W A DISTANCE OF 34.98 FEET;
THENCE N 450 22' 13" W A DISTANCE OF 10.82 FEET; THENCE N 44° 22'
55" E A DISTANCE OF 2.00 FEET TO THE EAST LINE NORTHERLY LINE OF
SAID DOCUMENT NUMBER; THENCE S 451 37'05" E, ALONG SAID
NORTHERLY LINE, A DISTANCE OF 40.37 FEET TO THE NORTHEAST
CORNER OF SAID DOCUMENT NUMBER; THENCE S 050 34'52" E, ALONG
SAID EAST LINE, AND THE SOUTH LINE OF LOT 2 BURNHAM TRACTS, A
DISTANCE OF 130.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 4184 SQUARE FEET.
Ntfg33Musrldeptslengl ohnrh1sorg.des.doc
RAMIS'
CREW
CORRIGAN &
BACHRACH LLP Amy Chesnut
ATTORNEYS AT LAW Direct Dial (503) 306-0254
Direct Fax: (503) 306-0290
1727 N.W. Hoyt Street E-mail: amyc@rccb.com
Portland, Oregon 97209
(503) 222-4402 May 1 2000
Fax: (503) 243-2944
Regular ail
JEFF H. BACHRACH Ms. Robin Cocheu
MARK L. suscx Transnatio Title Insurance Company
AMY A. CHESNUT 5285 SW M doves Road
CHARLES E. CORRIGAN*
STEPHEN F. CREW Lake Oswego, OR 97035
HEIDI T. DECKER***
MARTIN C. DOLAN Re: Otto Sorg Trust to the City of Tigard
GARY FIRESTONE*
WILLIAM E. GAAR* Portion of Property located at 12568 SW Main Street, Tigard
DANA L. KRAWCZUK
SUE-DEL MccULLOCH Dear Robin:'
T. CHAD PLASTER*
TIMOTHY V. RAMIE
WILLIAM J. STALNAKER This firm represents the City of Tigard with regard to the captioned
transaction. Enclosed is a copy of a fully-executed Purchase and Sale
noMnvic G. coLLA** Agreement and Joint Escrow Instructions which has been acknowledged by
JOHN R. McCULLOCH_ , JR.
OF COUNSEL Mr. Baldwin of your office. I am also enclosing an original Site Coverage
and Setback Agreement for you to hold in escrow until the Closing of this
transaction.
Please open an escrow for the captioned transaction and fax me the
preliminary title report along with copies. of the raised exceptions. You will
sAJ.EM ocE note we are under a tight contractual deadline to review and respond to the
21 Oaks Office Building
;525 Glen Creek Rd., NW preliminary title report.
Suite 300
Salem, Oregon 97304 Thank you for your assistance in this matter.
(503) 363-9604
Fax: (503) 363-9626 Sincerel
Amy A. Chesnut
Enclosures
cc: Gus Duenas
Jeff Sorg
*Also Admitted To, Practice In Washington **Also Admitted To Practice In California
***Also Admitted to Practice in Utah
ti
RAMIS
CREW
CORRIGAN &
BACHRACH I.LP
ATTORNEYS AT LAW Amy Chesnut
Direct Dial (503) 306-0254
Direct Fax: (503) 306-0290
1727 N.W. Hoyt Street E-mail: amyc@rccb.com
Portland, Oregon 97209
(503) 222-4402 May 18, 2000
Fax: (503) 243-2944 y ,
JEFF H. BACHRACH I Regular Mail
MARK L. BUSCH
AMY A. CHESNUT
CHARLES E. CORRIGAN* Mr, XN.effTey Sorg
STEPHEN F. CREW Z4 AHEIDI T. DECKER***
MARTIN C. DOLAN Lako, OR 97035
GARY FIRESTONE*
WILLIAM E. GAAR* Re: Acquisition, of the Otto Sorg Trust Property
DANA L. KRAWCZUK
SUE-DEL McCULLOCH
T. CHAD PLASTER* Dear Jeff.
TIMOTHY V. RAMIE
WILLIAM J: STALNAKER Enclosed is a fully-executed original Purchase and Sale Agreement and Joint
Escrow Instructions. I have sent a copy to Robin Cocheu at Transnation with a
DOMINIC G. COL *
JO14N HN R. . McCULLOCHOCH, JR.. request to open escrow for this transaction. I have also forwarded the original
OF COUNSEL Site Coverage and Setback Agreement to Robin to hold in escrow until Closing.
I spoke with Jessica at Transnation today and she is ordering the preliminary
title report. She indicated I may not receive it before May 22', which is the
contractual date by which the City is required to provide notice of disapproved.
exceptions. As you and the City did. not execute the agreement until May 16`x; I
SALEM OFFICE believe it is most equitable to use that date as the effective date, in which-case,
210 ' aks Office Building the City's notice regarding the title exceptions will be given by May 26', so
525 Glen Creek Rd., NW
Suite 300 long we have received the preliminary title report in a timely fashion.
Salem, Oregon 97304
I will be scheduling a Level I Environmental Assessment to be performed on the
{503) 363-9604 property within the next few weeks. The consultants will likely desire to
Fax: (503) 363-9626 interview a representative of the management company as well as the towing
company. Please provide a contact name and number for both companies as
soon as possible.
Also, I am enclosing another copy of the Application for Lot Line Adjustment.
Please execute the application and return it directly to John Hadley at the City in
the envelope provided.
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
***Also Admitted to Practice in Utah
i
RANMS'
CREW
CORRIGAN &
BACHI~A_CH. LLP
May 18, 2000
Mr. N. Jeffrey Sorg
Page 2
Please give me a call if you would like to further discuss these. matters. Thank you.
Sincerely,
Amy A. Chesnut
Enclosures
cc: Gus Duenas