99-107527 ~ 68th Avenue ~ 69th Avenue ~ Franklin Street I
r
T A NI E R i c , STATE OF OREGON SS
11 L
County of Washington
~l/il/llN// z
I, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county.
After recording return to:
Amy Chesnut
Ramis Crew Corrigan & Bachrach
1727 N.W. Hoyt Street Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Portland, Oregon 97209 Officio County Clerk
Doc 99107527
Until a change is requested all tax statements Do ct : 11.0 0 Re 240234
shall be sent to the following address : 09/17/1999 U 3 : 3 7 : 2 2 pm
City of Tigard '
13125 SW Hall Blvd.
Tigard, VR 97223
Escrow No. 99051565
Title No. 883913
STATUTORY WARRANTY DEED
J. T. ROTH, JR. and THERESA ROTH, Grantor, conveys and warrants to CITY OF TIGARD, AN
OREGON MUNICIPAL CORPORATION, Grantee, the following described real property free of liens
and encumbrances, except as specifically set forth herein:
M,
LOTS 15 AND 16 AND THE SOUTH 10 FEET OF LOT 14, BLOCK 29, WEST PORTLAND
HEIGHTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON,
d TOGETHER WITH ALL OF GRANTOR'S RIGHT TITLE AND INTEREST IN AND TO THAT
Z CERTAIN EASEMENT AGREEMENT DATED DECEMBER 10, 1996 AND RECORDED JANUARY
17, 1997 AS FEE NO. 97005545, THE PURPOSE OF WHICH IS TO EXTINGUISH SAID
0EASEMENT.
V
This property is free of liens and encumbrances, EXCEPT:
Taxes for the fiscal year 1999-2000 a lien not yet payable;
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true consideration for this conveyance is $77,000.00 (Here comply with the requirements of ORS 93.030)
Dated this 1-7 day of J{ It m b-e r ,
lexwv~
. T. ROTH, JR. THERESA ROTH
STATE OF OREGON 11
County of WASHINGTON I ss.
This instrument was acknowledged before m (yon this 4 7 day of SEPTEMBER, 1999
by J. T. ROTH JR. AND THERESA RO
ry Public for Oregon
OFFICIAL SEAL My commission expires:
LINDA L MC GETTIGAN
NOTARY PUBLIC • OREGON
/ COMMISSION NO. 061109
MY COMMISSION EXPIRES FEB. M 2001
RETURN RECORDED DOCUMENT TO:
CITY RECORDS SECTION,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is entered into as of September 1999 (the "Effective
Date"), between J. T. ROTH, JR. and THERESA A. ROTH (the "Seller") and CITY OF
TIGARD, an Oregon municipal corporation, ("Purchaser").
RECITALS
A. Seller is the owner of real property located in the City of Tigard, County of
Washington, commonly described as Tax Lot 2SI IAA-8800 and part of Tax Lot 2S11AA-8700,
and more particularly described as follows:
Lots 15, 16 and the South 10 feet of Lot 14, Block 29, WEST PORTLAND HEIGHTS,
in the City of Tigard, County of Washington and State of Oregon.
(hereinafter referred to as the "Property").
B. Purchaser desires to purchase from Seller, and Seller desires to sell and convey to
Purchaser all right, title and interest in the Property.
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.
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 and Sale. The Seller agrees to sell to the Purchaser, and the Purchaser agrees to
purchase from the Seller, the Property upon the terms and conditions set forth in this Agreement.
2. Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchaser to
Seller for the Property is SEVENTY SEVEN THOUSAND AND 00/100 DOLLARS
($77,000.00). The Purchase Price shall be payable in cash or other readily available funds through
escrow at the Closing (as that term is defined below).
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3. Escrow.
3.1 Escrow Agent. Upon execution of this Agreement, the parties shall deliver a copy
of this fully executed Agreement to First American Title Insurance Company of Oregon, 10260
SW Greenburg Road, Suite 170, Portland, OR 97223, attention Linda McGettigan (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 Agreement as may be necessary or convenient to implement the
terms of this Agreement and to close this transaction.
3.2 Cancellation Fees and Expenses. In the event this Agreement is terminated
because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall
be borne by Purchaser. In the event this Agreement is terminated because of Seller's default, the
cancellation charges required to be paid to Escrow Agent shall be borne by Seller.
4. Seller's Representations and Warranties.
4.1 Marketable Title. Seller warrants that, at the time of Closing, Seller will be the
owner of the entire fee simple interest in the Property, or that Seller shall provide for a
conveyance of the entire fee simple interest in the Property to Purchaser by documents deemed
sufficient by Purchaser in its sole and exclusive discretion. Seller further warrants at the time of
closing, Seller has not authorized the performance of any work, labor or materials to be 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 a lien may be filed
at close of escrow.
4.2 Parties in Possession. Seller warrants that as of the close of escrow there will be
no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the
Property.
4.3 Authority 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 or Right of First Refusal 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.
4.5 Environmental Warranty. Seller has no knowledge of any existing or pending
claim or of any facts or circumstances that may give rise to any future civil, criminal or
administrative proceedings against Seller relating to hazardous materials. To the best of Seller's
knowledge, no hazardous materials have been discharged upon, brought upon or stored on the
Property in violation of applicable law or regulations. As used herein "hazardous materials"
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means any substance the presence or discharge of which is regulated by any federal, state or local
law or relating to the protection of the environment or public health.
4.6 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 survive the close of escrow and shall not
merge into the deed and the recordation of the deed in the official records
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 on or before ten (10) days
from the Effective Date 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) to
be delivered by Seller 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 Agent. 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 Seller's
cost and expense, except for the ALTA standard coverage owner's policy described in
subparagraph (ii) which shall be at Purchaser's expense, shall deliver the following into escrow:
(i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by
Seller, conveying to Purchaser the Property free and clear of all encumbrances;
(ii) At Purchaser's expense, an ALTA standard coverage owner's title
policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to
the Property in Purchaser.
(iii) 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 Costs/ Prorations. Purchaser shall pay all escrow fees and recording fees.
Purchaser shall pay the cost of an ALTA standard coverage owner's policy of title insurance. Ad
valorem and similar taxes and assessments relating to the Property shall be prorated between
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J
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. Seller is
retaining 80% of Tax Lot 8700 and therefore the taxes on Tax Lot 8700 shall be apportioned to
reflect this percentage of Tax Lot 8700 being retained by Seller. If the actual amounts to be
prorated are not known at the Closing Date, the prorations 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. Purchaser shall pay the Washington County Transfer Tax. The provisions
of this Section 5.3 shall survive the Closing.
5.4 Authority 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, then Seller may seek any other rights, resources or remedies
available to Seller at law and in equity, such rights, remedies and resources hereunder to be
cumulative, and not in exclusion of any other.
6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations
under this Agreement for any reason, then Purchaser may seek any other rights, resources or
remedies available to Purchaser at law and in equity, such rights, remedies and resources
hereunder to be cumulative, and not in exclusion of any other.
6.3 Arbitration and Mediation in Lieu of Litigation. Seller and Purchaser agree
that all claims, controversies or disputes, which arise out of or are related to this Agreement,
or which relate to the formation, interpretation, breach or invalidity of this Agreement,
whether arising before, during or after termination, including jurisdiction of the Arbitrator(s)
or arbitrability (hereinafter collectively referred to as "Claims"), shall be resolved in
accordance with the mediation and arbitration procedures specified herein. The parties shall
have in arbitration all remedies for breach of contract provided by Oregon law, including
injunctive relief and specific enforcement. The obligation to mediate or arbitrate any dispute
shall not prevent either party from initiating legal action necessary to safeguard their respective
interests in the Property, and to enable the recording of a notice of pending action, order of
attachment, receivership, injunction, or other provisional remedies.
6.3.1 Mediation. All "Claims" defined in the foregoing paragraph shall be
submitted to mediation. The parties shall agree to a mediator. If the parties cannot
agree as to the selection of a mediator, then either party may request appointment of a
mediator from the American Arbitration Association or the Arbitration Service of
Portland, Inc., whichever organization is selected by the party which first initiates
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J
mediation by filing a claim in accordance with the filing rules of the organization
selected. The parties shall share equally the cost of the mediation process.
6.3.2 Arbitration. Any "Claims" that have not been resolved by mediation
shall be resolved by compulsory and binding arbitration in accordance with the then-
effective Arbitration Rules of the American Arbitration Association or the then-
effective arbitration rules of the Arbitration Service of Portland, Inc., whichever
organization is selected by the party which first initiates arbitration by filing a claim in
accordance with the filing rules of the organization selected, except that the following
shall apply:
(1) Every person nominated or recommended to serve as an arbitrator
shall be a lawyer who has had experience as an arbitrator for at least
ten (10) years and at least ten (10) years' experience as a practicing
attorney with expertise in interpreting contracts in the field of law
involved in the subject controversy;
(2) The arbitrator(s) shall base the award on this contract and applicable
law and judicial precedent and shall accompany their award with a
written explanation of the reasons for their award. The arbitration
shall be governed by the substantive laws of the State of Oregon
applicable to contracts made and to be performed therein.
(3) Judgment upon the award rendered pursuant to such arbitration may
be entered in any court having jurisdiction thereof. The parties shall
share equally the fees and costs charged by the arbitration entity. The
parties knowingly and voluntarily waive their rights to have their
dispute tried and adjudicated by a judge or jury. In the event a party
fails to proceed with arbitration, unsuccessfully challenges the arbi-
trator's award, or fails to comply with the arbitrator's award, the
other party is entitled to costs, including reasonable attorney's fees,
for having to compel arbitration or defend or enforce the award.
6.3.3 Place of Arbitration and Venue. The place of arbitration shall be
Washington County, Oregon. In the event that this arbitration clause is inapplicable or
not enforceable for any reason and as a result either party chooses to file an action or
suit, then such action or suit shall be brought and heard in the appropriate court (state
or federal) in the County of Washington, State of Oregon. The parties expressly
consent to the jurisdiction of such court.
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7. Accommodating a 1031 Exchange. If Seller desires to transfer the Property through an
exchange transaction under Section 1031 of the Internal Revenue Code, Purchaser agrees to
cooperate with such transaction so long as the terms of this Agreement and the following
requirements are met, and any escrow instructions or 1031 documents presented at Closing shall
include the following provisions:
a) Purchaser's consent shall result in no additional cost, liability or expense to
Purchaser;
b) Purchaser's consent shall in no way relieve Seller of its obligation to timely transfer
the Property to Purchaser and perform all obligations, covenants, agreements, and
indemnifications, pursuant to the terms and provisions of this Agreement;
c) Purchaser makes no representations or warranties with respect to the foregoing
exchange, and Seller assumes all risks associated with the income tax effects of this
transaction and agrees to fully indemnify and hold Purchaser harmless from any
loss, including but not limited to any cost, expense, or other liability (including
reasonable attorney's fees), which Seller or Purchaser may sustain in the event this
transaction is audited or determination is made by the IRS or any state taxing
authority that this transaction does not qualify as a Section 1031 exchange;
d) Purchaser is not obligated to hold title to any additional property;
e) Seller does hereby agree to defend, indemnify and hold harmless Purchaser, its
employees, agents, and others acting on its behalf, for, from and against any and all
claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, order,
costs and expenses, losses, audits, including without limitation, reasonable
attorney's fees arising from or related to any participation by Purchaser in the
exchange, or otherwise related to the property exchange.
8. General Provisions.
8.1 Time. THE IS OF THE ESSENCE of this Agreement.
8.2 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.
8.3 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.
8.4 Applicable Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Oregon.
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8.5 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 LMTS LAWSUITS
AGAINST FARMING 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
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
8.6 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.
8.7 Modification or Amendments. No amendment, change or modification
of this Agreement shall be valid, unless in writing and signed by all the parties hereto.
8.8 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.
8.9 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, and which consent will not be unreasonably withheld.
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.
8.10 Successors and Assigns. Subject to the provisions of Section 8.9, 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.
8.11 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 party 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: J. T. Roth and Teresa Roth
12600 SW 72nd Avenue, Suite 200
Tigard, OR 97223
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If to Purchaser,
to: Amy Chesnut
Ramis Crew Corrigan & Bachrach
1727 N.W. Hoyt Street
Portland, Oregon 97209
8.12 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.
8.13 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.
8.14 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.
8.15 Commissions. Seller warrants that it has not utilized the services of an
agent, broker or finder with regard to the transaction contemplated by this Agreement. Purchaser
warrants that it has not utilized the services of an agent, broker or finder, other than Acquisition
Consultants, located at 6650 SE Morrison Street, Portland, OR 97215, with regard to the
transaction contemplated by this Agreement, which company's fees shall be paid by Purchaser. In
the event Purchaser fails to pay Acquisition Consultants, and Acquisition Consultants attempts to
collect fees incurred in this transaction from Seller, Purchaser agrees to indemnify and hold
harmless Seller from said claim. 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 relating 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.
8.16 Attorneys' Fees. If mediation, arbitration, a suit, action, or other
proceeding of any nature whatsoever (including any proceeding under the Bankruptcy laws of the
United States) is instituted in connection with any controversy arising out of this Agreement, or to
interpret or enforce its terms and provisions, 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
arbitrator, or court at trial or on any appeal or review, in addition to all other amounts provided
by law.
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8.17 Entire Agreement. 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.
EXECUTED as of the Effective Date.
SELLER: PURCHASER:
CITY OF TIGARD, an Oregon
municipal corporation
J. . Roth, Jr.
William A. Monahan, City Manager
Theresa A. Roth
ACCEPTANCE BY,.TITLE COMPANY
n
by its duly authorized signature below, agrees to accept this
es row on the-Tertns and conditions of, and to comply with the instructions contained in, the
r fore~ing Agreement. C~ PA MW
rint ~TA Its: ~cI
f
(,il
MEMORANDUM
CITY OF TIGARD
TO: Dee Wise
FROM: Bill Monahan
DATE: October 20, 1999
SUBJECT: Roth Property
Attached is the original Policy of Title Insurance which was issued by First
American Title Insurance Company of Oregon for property transferred to
the City by Tim Roth as part of the 69th Avenue LID.
Would you please place the Title Insurance Policy within the City records.
Thank you for your assistance.
WAM\jh
attachment
\\TI G333\US R\D EPTS\ADM\B I LL\ 102099-3. D OC
R.AMIS OCT 2 1999
CREW
CORRIGAN &
BACHRACH LLP
Sarah L. Harris
ATTORNEYS AT LAW Legal Assistant
Direct Dial (503) 306-0241
Direct Fax: (503) 306-0290
1727 N.W. Hoyt Street E-mail: sarahh@rccb.com
Portland, Oregon 97209
(503) 2224402
Fax: (503) 243-2944
JEFF H. BACHRACH October 18, 1999
MARK L. BUSCH
D. DANIEL CHANDLER++
AMYA. CHESNUT
CHARLES E. CORRIGAN* William A. Monahan, City Manager
STEPHEN F. CREW
HEIDI T. DECKER- City of Tigard
MARTIN C. DOLAN 13125 SW Hall Boulevard
GARY FIRESTONE* Tigard, OR 97223
WILLIAM E. GAAR*
DAVID H. GRIGGS
G. FRANK HAM.MOND* Re: Roth to the City of Tigard
ALLISON P. HENSEY+
KELLY M. MANN Dear Mr. Monahan:
T. CHAD PLASTER*
TIMOTHY V. RAMIS
WILLIAM J. STALNAKER Enclosed with this letter is the original Policy Of Title Insurance issued by
First American Title Insurance Company of Oregon for the above
JAMES M. COLEMAN referenced property.
DOMINIC G. COLLETTA**
JOHN R. McCULLOCH, JR. Please do not hesitate to contact me any time I may be of assistance.
OF COUNSEL
SALEM OFFICE Very truly yours,
21 Oaks Office Building
525 Glen Creek Rd., NW
Suite 300
Salem, Oregon 97304
Sarah L. Harris
(503) 363-9604 Legal Assistant
Fax: (503) 363-9626
SLH/
SOUTHWEST
WASHINGTON OFFICE Enclosure
First Independent Place
1220 Main Street, Suite 451 G:\AAC\Tigard\Roth\Conesp\Title Pol Ltr.wpd
Vancouver, Washington
98660-2964
(360) 699-7287
Fax: (360) 699-7221
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
***Admitted to Practice in Utah Only ++Also Admitted To Practice In Washington and Montana +Also Admitted to Practice in Alaska
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R'1 ".1111, K I kp ~R"da. //~1 ~-,/n ? dl 1~"[F' 0~Y rt F'AA ' "hi 1An'~
(101792) ALTA Owner's Policy
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POLICY OF TITLE INSURANCE
f~ ,1.
First American Title Insurance Company of Oregon
` 200 S.W. Market St. • Portland, Oregon 97201 • (503) 222-3651 ,
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
` 1. Title to the estate or interest described in Schedule A being vested other than as stated therein;!
2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
3\ The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to 0"" h, ~f the extent provided in the Conditions and Stipulations.
\ "IMF
Countersigned
Auth Cer
7 .c~r.~a~rce o~ d~egoc ;
' dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
BY CjfZ~ PRESIDENT y i
ATTEST ' n~~ SECRETARY
4744-4 474 44 V-4 we 44 sa SM W9 W4
Ti-193 8/93
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the
land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy:
(c) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage for any loss or damage caused thereby. and shall state, to the extent possible, the basis of calculating (b) In the event of any litigation, including litigation by
The following terms when used in this policy mean: the amount of the loss or damage. If the Company is the Company or with the Company's consent, the Company
(a) "insured": the insured named in Schedule A, and, prejudiced by the failure of the insured claimant to provide the shall have no liability for loss or damage until there has been subject to any rights or defenses the Company would have required proof of loss or damage, the Company's obligations a final determination by a court of competent jurisdiction,
had against the named insured, those who succeed to the to the insured under the policy shall terminate, including any and disposition of all appeals therefrom, adverse to the title
interest of the named insured by operation of law as liability or obligation to defend, prosecute, or continue any as insured. distinguished from purchase including, but not limited to, litigation, with regard to the matter or matters requiring such (c) The Company shall not be liable for loss or
heirs, distributees, devisees, survivors, personal representa- proof of loss or damage. damage to any insured for liability voluntarily assumed by the tives, next of kin, or corporate or fiduciary successors. In addition, the insured claimant may reasonably be insured in settling any claim or suit without the prior written
(b) "insured claimant": an insured claiming loss or required to submit to examination under oath by any consent of the Company.
damage. authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable 10. REDUCTION OF INSURANCE; REDUCTION OR
(c) "knowledge" or "known": actual knowledge, not times and places as may be designated by any authorized TERMINATION OF LIABILITY. constructive knowledge or notice which may be imputed to representative of the Company, all records, books, ledgers,
an insured by reason of the public records as defined in this checks, correspondence and memoranda, whether bearing a policy or any other records which impart constructive notice date before or after Date of Policy, which reasonably pertain All payments under this policy, except payments made
of matters affecting the land. to the loss or damage. Further, if requested by any authorized for costs, attorneys' fees and expenses, shall reduce the
(d) "land": the land described or referred to in representative of the Company, the insured claimant shall amount of the insurance pro tanto. Schedule (A), and improvements affixed thereto which by law grant its permission, in writing, for any authorized rep- 11 LIABILITY NONCUMULATIVE.
constitute real property. The term "land" does not include any resentative of the Company to examine, inspect and copy all
property beyond the lines of the area described or referred records, books, ledgers, checks, correspondence and mem- It is expressly understood that the Amount of In- to in Schedule (A), nor any right, title, interest, estate or oranda in the custody or control of a third party, which surance underthis policy shall be reduced by any amountthe
easement in abutting streets, roads, avenues, alleys, lanes, reasonably pertain to the loss or damage. All information Company may pay under any policy insuring a mortgage to ways or waterways, but nothing herein shall modify or limit designated as confidential by the insured claimant provided which exception is taken in Schedule B or to which the
the extent to which a right of access to and from the land is to the Company pursuant to this Section shall not be insured has agreed, assumed, or taken subject, or which is
insured by this policy. disclosed to others unless, in the reasonable judgment of the (e) "mortgage": a e": mortgage, deed of trust, trust deed, Company, it is necessary in the administration of the claim. hereafter executed an insured and which i a charge or 9 9 lien on the estate or r interest described or referred to in
or other security instrument. Failure of the insured claimant to submit for examination Schedule A, and the amount so paid shall be deemed a
(f) "public records": records established under state under oath, produce other reasonably requested information payment under this policy to the insured owner statutes at Date of Policy for the purpose of imparting or grant permission to secure reasonably necessary informa-
constructive notice of matters relating to real property to tion from third parties as required in this paragraph, unless 12 PAYMENT OF LOSS.
purchasers for value and without knowledge. With respect to prohibited by law or governmental regulation, shall terminate Section 1(a)(iv) of the Exclusions From Coverage, "public any liability of the Company under this policy as to that claim. (a) No payment shall be made without producing this
records" shall also incude environmental protection liens filed 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy for endorsement of the payment unless the policy has in the records of the clerk of the United States district court TERMINATION OF LIABILITY been lost or destroyed, in which case proof of loss or
for the district in which the land is located. destruction shall be furnished to the satisfaction of the
(g) "unmarketability, of the title": an alleged or In case of a claim under this policy, the Company shall Company. apparent matter affecting the title to the land, not excluded or have the following additional options: (b) When liability and the extent of loss or damage has
excepted from coverage, which would entitle a purchaser of (a) To Pay or Tender Payment of the Amount of been definitely fixed in accordance with these Conditions and
the estate or interest described in Schedule A to be released Insurance. Stipulations, the loss or damage shall be payable within 30 from the obligation to purchase by virtue of a contractual days thereafter.
condition requiring the delivery of marketable title. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and 13. SUBROGATION UPON PAYMENT
2. CONTINUATION OF INSURANCE AFTER expenses incurred by the insured claimant, which were OR SETTLEMENT.
CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to (a) The Company's Right of Subrogation.
The coverage of this policy shall continue in force as pay' Whenever the Company shall have settled and paid a
of Date of Policy in favor of an insured only so long as the claim under this policy, all right of subrogation shall vest in ability and obligations to the insured under this policy, other insured rgtains an estate or interest in the land, or holds an~ Upon the exercise by the Company of this option. all he Company unaffected by any act of the insured claimant.
indebtedness secured by a purchase money mortgage given han to make the payment required, shall terminate, including The Company shall be subrogated to and be-entitled to all by a purchaser from the insured, or only so long as the any liability or obligation to defend, prosecute, or continue rights and remedies which the insured claimant would have
insured shill have liability by reason of covenants of warranty any litigation, and the policy shall be surrendered to the had against any person or property in respect to the claim made by the insured in any transfer or conveyance of the Company for cancellation. had this policy not been issued. It requested by-the Company,
estate or interest. This policy shall not continue in force in~ (b) To Pay or Otherwise Settle With Parties Other than the insured claimant shall transfer to the Company all rights
favor of any purchaser from the insured of either (i) an estate the Insured or With the Insured Claimant. and remedies against any person or property necessary in or interest in the land, or (ii) an indebtedness secured by a (i) to pay or otherwise settle with other parties for order to perfect this right of subrogation. The insured
purchase money mortgage given to the insured. or in the name of an insured claimant any claim insured claimant shall permit the Company to sue, compromise or against under this policy, together with any costs, attorneys' settle in the name of the insured claimant and to use the name
3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation
INSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies. and which the Company is obligated to pay; or If a payment on account of a claim does not fully cover
The insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be
writing (i) in case of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy, subrogated to these rights and remedies in the proportion below, (ii) in case knowledge shall come to an insured together with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount
hereunder of any claim of title or interest which is adverse to incurred by the insured claimant which were authorized by the of the loss. the title to the estate or interest, as insured, and which might Company up to the time of payment and which the Company If loss should result from any act of the insured
cause loss or damage for which the Company may be liable is obligated to pay. claimant, as stated above, that act shall not void this policy,
by virtue of this policy, or (iii) if title to the estate or interest, Upon the exercise by the Company of either of the but the Company, in that event, shall be required to pay only as insured, is rejected as unmarketable. If prompt notice shall options provided for in paragraphs (b)(i) or (ii), the Com- that part of any losses insured against by this policy which
not be given to the Company, then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, if any, lost to the Company by
of the Company shall terminate with regard to the matter or claimed loss or damage, other than the payments required to reason of the impairment by the insured claimant of the matters for which prompt notice is required; provided, be made, shall terminate, including any liability or obligation Company's right of subrogation.
however, that failure to notify the Company shall in no case to defend, prosecute or continue any litigation. (b) The Company's Rights Against non-insured prejudice the rights of any insured under this policy unless Obligors.
the Company shall be prejudiced by the failure and then only 7. DETERMINATION, EXTENT OF LIABILITY The Company's right of subrogation against non-
to the extent of the prejudice. AND COINSURANCE. insured obligors shall exist and shall include, without
4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation, the rights of the insured to indemnities, guaranties. DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the other policies of insurance or bonds, notwithstanding any
insured claimant who has suffered loss or damage by reason terms or conditions contained in those instruments which
(a) Upon written request by the insured and subject to of matters insured against by this policy and only to the extent provide for subrogation rights by reason of this policy. the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION.
Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law, either the Com-
insured in litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A; pany or the insured may demand arbitration pursuant to the
adverse to the title or interest as insured, but only as to those or Title Insurance Arbitration Rules of the American Arbitration stated causes of action alleging a defect, lien or en- (ii) the difference between the value of the insured Association. Arbitrable matters may include, but are not
cumbrance or other matter insured against by this policy. The estate or interest as insured and the value of the insured estate limited to, any controversy or claim between the Company Company shall have the right to select counsel of its choice or interest subject to the defect, lien or encumbrance insured and the insured arising out of or relating to this policy, any
(subject to the right of the insured to object for reasonable against by this policy. service of the Company in connection with its issuance or
cause) to represent the insured as to those stated causes of (b) In the event the Amount of Insurance stated in the breach of a policy provision or other obligation. All action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is
any other counsel. The Company will not pay any fees, costs the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either
or expenses incurred by the insured in the defense of those consideration paid for the land, whichever is less, or if the Company or the insured. All arbitrable matters when the causes of action which allege matters not insured against by subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of $1,000,000 shall be
this policy. on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the
(b) The Company shall have the right, at its own cost, or interest by at least 20 percent over the Amount of insured. Arbitration pursuant to this policy and under the to institute and prosecute any action or proceeding or to do Insurance stated in Schedule A, then this Policy is subject to Rules in effect on the date the demand for arbitration is made
any other act which in its opinion may be necessary or the following: or, at the option of the insured, the Rules in effect at Date of desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may
insured, or to prevent or reduce loss or damage to the made, as to any partial loss, the Company shall only pay the include attorneys' fees only if the laws of the state in which
insured. The Company maytake any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys' fees to the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party. Judgment upon the award rendered by the
hereunder, and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s) may be entered in any court having jurisdiction any provision of this policy. If the Company shall exercise its improvement has been made, as to any partial loss, the thereof.
rights under this paragraph, it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an
(c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules. action or interposed a defense as required or permitted by the A bears to the sum of the Amount of Insurance stated in A copy of the Rules may be obtained from the
provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request.
litigation to final determination by a court of competent The provisions of this paragraph shall not apply to jurisdiction and expressly reserves the right, in its sole costs, attorneys' fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY;
discretion, to appeal from any adverse judgment or order is liable under this policy, and shall only apply to that portion POLICY ENTIRE CONTRACT.
(d) In all cases where this policy permits or requires of any loss which exceeds, in the aggregate, 10 percent of the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements, if any,
action or proceeding, the insured shall secure to the (c) The Company will pay only those costs, attorneys' attached hereto by the Company is the entire policy and Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance with Section 4 of contract between the insured and the Company. In interpret-
action or proceeding, and all appeals therein, and permit the these Conditions and Stipulations. ing any provision of this policy, this policy shall be construed
Company to use, at its option, the name of the insured for this as a whole. purpose. Whenever requested by the Company, the insured, B. APPORTIONMENT (b) Any claim of loss or damage, whether or not
at the Company's expense, shall give the Company all based on negligence, and which arises out of the status of reasonable aid (i) in any action or proceeding, securing If the land described in Schedule (A) (C) consists of two the title to the estate or interest covered hereby or by any
evidence, obtaining witnesses, prosecuting or defending the or more parcels which are not used as a single site, and a loss action asserting such claim, shall be restricted to this policy.
action or proceeding, or effecting settlement, and (ii) in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached
necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President, a Vice President, the interest as insured. If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or
of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company.
Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY.
prosecute, or continue any litigation, with regard to the matter Company and the insured at the time of the issuance of this
or matters requiring such cooperation. policy and shown by an express statement or by an In the event any provision of the policy is held invalid endorsement attached to this policy. or unenforceable under applicable law, the policy shall be
5. PROOF OF LOSS OR DAMAGE. deemed not to include that provision and all other provisions 9. LIMITATION OF LIABILITY. shall remain in full force and effect.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been (a) If the Company establishes the title, or removes the 17. NOTICES. WHERE SENT. provided the Company, a proof of loss or damage sinned and alleged defect, lien or encumbrance, or cures the lack of a
sworn to by the insured claimant shall be furnished to the right of access to or from the land, or cures the claim of All notices required to be given the Company and any
Company within 90 days after the insured claimant shall unmarketability of title, all as insured, in a reasonably diligent statement in writing required to be furnished the Company shall ascertain the facts giving rise to the loss or damage. The manner by any method, including litigation and the comple- be addressed to it at its main office at 200 S.W. Market, Suite 250
proof of loss or damage shall describe the defect in, or lien tion of any appeals therefrom, it shall have fully performed its Portland. Oregon 97201-5730, or to the office which issued this or encumbrance on the title, or other matter insured against obligations with respect to that matter and shall not be liable policy
SCHEDULE A
Policy No.: 883913
Amount of Insurance: $77,000.00 Premium: $386.00
Date of Policy: September 17, 1999 at 3:37PM
1. Name of Insured:
CITY OF TIGARD, an Oregon municipal corporation---
2. The estate or interest in the land which is covered by policy is:
The fee simple estate---
3. Title to the estate or interest in the land is vested in:
CITY OF TIGARD, an Oregon municipal corporation---
4. The land referred to in this policy is described as follows:
Lots 15, 16 and the South 10 feet of Lot 14, Block 29, WEST PORTLAND HEIGHTS, in the City of Tigard,
County of Washington and State of Oregon.
PAGE 1 of Owner's Policy (1992) No. 883913
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records; proceedings by a public agency
which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, encumbrances, or claims thereof, not shown by the public records, unpatented mining
claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims
or title to water.
4. Any lien, or right to a lien, for services, labor, 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.
6. Taxes for the fiscal year 1999-2000 a lien not yet payable.
7. Statutory Powers and Assessments of Unified Sewerage Agency.
Note: There are no liens as of the date of this policy.
8. These premises are within the boundaries of the Tualatin Valley Water District and are subject to the
levies and assessments thereof.
Note: There are no liens as of the date of this policy.
PAGE 2 of Owner's Policy (1992) No. 883913
THIS MAP IS FURNISHI S A CONVENIENCE IN LOCATING PROPEFIr 0 THE COMPANY
ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED - ACTUAL SURVEY
S t A M E q, C
°2 First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512
(5503) 222-3651 t. -
Y
17 28 17 28
18 27 18 27
T T T
4200 4300 4500
.56 AC. AC. .17 AC.
19 20 21 22 23 24 25 26 19 201 21 22 23 24 25 26
1
S.W. FRANKLI
25 25 25 25 25 25 25 25
1 9100 15.5 I I 8300 oQ 8200
!.5/ AC. .46 A c. Who .29 AC_
11 2 3 41 1 5 6 7 8 of 2 3 4 a0o 6 7 8
5
~L 1 1 .S. 1+ 9 + 36 36 1
I
l0 35
EASE. '35- - -
-4 - 96-102498
11 34 11 - -9500- - -
12 t 33 12 /Z AC.
13 + 32 8700 2
8000
3+0 .12 AC. 9.23 AC.
~
14 + 31
15 30 1 30
t _ 8800 1
./2 AC-~~
116 10 EASE 97-55451 29
9101 +0 9108 100.03 1 100.03
.37AC. .454C. 9800 1 x9700
+ .41AC. 1 .41AC.
-7 1 -r
l
SEP-15-99 04:12 PM SEG CJS 306 0290 P.01
RAMIS
CREW
CL RRICiAN &
B,ACHRACH, ►.i.1~ FACSIMILE TRANSMISSION COVERSHEET
TINS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY POR Tw usE of 'rHE INDIVIDUAL OR ENTITY NAMED
ATTORNEYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER I'1' ro THE INTENDED RECIPIENT, YOU ARE
1727 N.W. floyt Stmet HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
Por'land, Oregon 97209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASI? tKIMPMATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIUINAL
(501) 222-44(12
DATE: September 15, 1999 CLIENT NO. 90024-13
TO: William Monahan
FAX NO_: 684-7297 TF L PHONE NIIRIRF.R.. 639-4171
FROM: Amy Chesnut Direct Fax: (503) 306-0290
DESCRIPTION OF DOCUMENT TRANSMITTED: Roth to City of Tigard Closing Documents
COMMENTS Please call me if you have any questions.
11 PAGE(S) TO FOLLOW', EXCLUDING COVER SHEET.
I
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 306-0241
IMMEDIATELY. THANK YOU.
SICTNFD~ Sarah l4arris
[ J AN ORIGINAL IS BEING MAILED [ J AN ORIGINAL IS AVAILABLE UPON RLQUI':s'r
SEP-15-99 04:14 PM FFG CJs 306 0290 P.01
RA.MIS
CRE V
CORRIGAN & -
BACHRACH. u .,p P
FACSIMILE TRANSMISSION COVERSHEET
THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL
INTENDED QNI,Y FOR T14E OF T14E INDIVIDUAL OR ENTITY ATTORNEYS A'1' LAW ELOW.AIFOTHE READER OF THIS MESSA ES S NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESIaNSIALE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE,
1727 N. W. Hoyt Strut HERI:BY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION Olt COPYING Or THIS
Portland, Oregon 97209 COMMUNICATION IS STRICTI,Y PROHIBIT.D. IF YOU HAVE RECEIVED THIS C'OMMUNICAT'ION
IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TFL.EPHONE AND RETURN THE ORIGINAL
(503) 2223402
DATE' September 15, 1999 CLIENT NO.: 90024-13
T0: Willium Monahan
FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171
FROM Amy Chesnut Direct Fax: (503) 306-0290
DESCRIPTION OF DOCUMENT TRANSMITTED- Roth to City of Tigard Closing Documents
COMMENTS: Please call me if you have any questions.
jI PAGE(S) TO I'OLLOW, EXCLUDING COVER SHEET.
IF YOU DO NOT RECEIVE ALL. OF THE PAGES, PLEASE CALL, TI 1E UNDERSIGNED AT (503) 306-0241
R^ E•DIATELY. THANK YOU.
SIGNED: Sarah Harris
I I AN ORIGINAL IS BEING MAILED ( I AN ORIGINAL IS AVAILABLE UPON REQUEST
SEP-15-99 04:14 PM SEG CJS 306 0290 Pr02
Rkmis
C 'W7
CO GAN &
B C C 111,
ATTORNEYS AT LAW Amy Chesnut
Attorney At Law
Direct Dial (503) 106-0254
1727 N.W. Hoyt Stm., Direct Fax, (503) 306-0290
Portland, Oregon 97209 L-mail ntn, c(:@?rccb com
(5M) 222-4402 Via Facsimile
Ftu.(503) 243-2944
JE-TF It. BACHRAi H September 15, 1999
Atl~kK L. 6U,;C; I
D IiANIFL Cl1ANDi.FR++
AMY A, CHESNU
CHARLES F. CORRIJAN'
STEPHEN F ('RFty William A. Monahan, City Manager
HE:UI T. -DEC ;LRI"
MARTIN DOLAN City of Tigard
GARY FIRES'I'ONH' 13125 SW Hall Boulevard
WILLIAM F.. t)A.AR' Tigard, OR 97223
DAVILr H. OktliUS
G P;ANK HAhf!*SONL)'
ALL'.SON r'. I n-::N,3EY I Re.- Roth to the City of Tigard
1CELLYM MANN
T r14An r'L131Lk, Dear Rill.
TIMil711YV RAM13
WILLIAM 1. STAI NAXF-R
I have reviewed and approved, and enclose copies of the following closing
documents:
)A_,MI-S M. C Ol.FMSN
DOMINIC G. COLL137w*
)OHN R. MXULLOCI I, lk, a) First American Title Insurance Company of Oregon's
OF, COUNSISL. F,serow Instructions.
SALEM pF b) First American Title Insurance Company of Oregon's
kICF,
21 Oaks Officc BuAdins Estimate of Closing Costs.
S25 Glcn Crock Rd., NW C) First American 'T'itle Insurance Company of Oregon's
Suite 300 Supplemental Preliminary Title Report.
saltnn, Oregon 97304 d) Form of Statutory Warranty Deed_
(503) 363-9604
Fax; (503) 363-9676 Linda McGettigan of First American Title Insurance Company of Oregon
will be delivering the original documents for your signature tUrrlUII'UW
SOUTHWEST morning, Prior to signing, please verity the accuracy of the originals against
WASHINCTON OFFICE the enclosed copies.
First Independent Place
1220 Main Street, suite 451 1 am also enclosing First American Title Insurance Company of Oregon's
VtutciNvcr, Washington
98660.2964 wiring instructions and a copy of our Supplemental Escrow Instructions.
We are scheduled to close on Friday, September 17th. I have left a message
(160 699-7297 with Craig Prosser regarding the funding of the escrow, and have faxed him
Ftu: (360) 699-7221 the Settlement Statement and vvii ing instrlctions.
"Also Admitted To Practice fn W-hington **Alm) Admirtcd To Practical In California
++tAdmitted to Practice in Utah Only ++Alao Ad..iii I To Practlec In W-hington and rtiontane + Ar.u AdtniRed to Practice in Alaska
SEP-15-99 04:15 PM SEG CJs 306 0290 P.03
RAM1S
CREIT
CCRR1GAN &
William A. Monahan, City Manager
September 15, 1999
Page 2
Please give me a call with any questions or comments regarding the enclosed documents and
informatinn, Thank you.
Sincerely,
Amy A Chcsnut
0-
Enclosures
cc. Linda McGcttigan
SEP-15-99 04:15 PM SEA CJS ~j J r~ 306 0290 P.04
I--- Inwm. bUJ•244-8377 T lo. 222
PAGE: 5
s r ~T +at'ER 1 CAN TITLE TO r 2=2
1»>.01-16 13r40 [1106 P-M107
FYrst American Title Insurance Company of Oregon
10264 SW Qroeaburg Road, 9stte 170
Portland, OR 97=3
Pbone: (303) 244-8323 Fix: (503) 244-8377
~SCROW INSTRUCTIONS ESCROW NO_. 99 U 5-LM
#ELLER: 3. T. Rfl_„j
Ti- , JR, , THERESA ROTH
kYILR: S1T1' OF TICARD, AN OREGON MtiT1~C k
PRiVERT'Y ADDRESS: VAt" Atsrr -NEST I'ORT1 9N IiF:1GHT3.,. MARL). olz47223
PROPERTY DFSCatiMON:
VWe hereby ag- to and instruct First Amuncan Tide ktaurattoe Company of Oregon, escruw agent,
b-inafter calllsd First American, as to the following:
Bayer's L The ATTACIILD CLOSING STATEMENTS are trade a part of Seller's
W&I these instructions as if fully set tomb herein. Certain items shown on iDit3s1
the closing statements are estimates only and the :final fiEuros may be
adjustrA to &=ounimdata exact tunounts requized at the time of
disbursenicnt.
2. The undersigned have teats and approved a title repots covering Taal
property situated in the County of R'ASHINCTOU. State of
OREGON. as described in Flm Arrtertean Titles Tnsuran ce Co.
Prr:,lmimrry Titlc Report No. AW13 damd 09124!1999.
3. All [arms and provisions of rhn =rnrst money a4gteenrnt.
atncodments or addenda the T10. have NX-L c0mp1W with to [ltc
complete satisfaction of We undersigned parties or *L11 be cQuipLied
witb outside of esoruw.
4. In all seta in this escrow rtttladzZ to firs insurance, including
anj.nstnents, tf aayr, Finn AmericAu shall be fully protocied in
assuming th-t each policy is in force and that the necessary prerrilum
tbareforc has been paid.
S, It is understood that any unpaid fuel, utility cbargos including service
iLwalletion um connection charges ibr ceu et, ware, or electricity will
be adjusted between seller and buyer outside this escrow.
6. Any anel 411 documents that have been prLpared by escrow at the
panics' request have been rr:viewed and approved as to coutear arid
forth by the sdlcr and buyer.
7. First Amr-ric an, as est:row agent, recelvcs certain bcuetc as a rrsult
of escrow deposits in our escrow trust account. These benefits
provide banking, acraundug, and cofnpu= services. On the average,
these benefits amount to approximately $30.00 loci escrow. Thcsc in
kind bencfah, which support escrow operation and various conx%
assaeiated with compliance with state escrow regulations, are udllzad
to offkat rise need for hig ter escrow rates. As escrow agent, you are
artthnrized to retain these benefits.
8. Curtest real property wus will he due and payable by Navcmber
15th of this year. If you have not received your tax hilling before
that time. YOU anti! nrrn t0 contact the county asst sor's office to
obtain your rani payweat inforruation ant to avoid any delinquent
crTui>ftS.
SELLER or agent will hand you herewith the following to effc-n-1 transfer or coaveyince of above property
t4 D».per:
Statutory Wattattty Deed ex wutBd in favor of buyer hrrvin. pl.tsrnval of I"satimat: d Clociryp Sarrmerst and
IRS 1(199 Reporting FarmlCerti tics+ion.
BUYER/BOx POVoZR or ageut »111 U-1 y.u LwrewiLh tLc follo-ing to cffmt traa-iCTr or con'vry nee of
above property from seller
Cash less ClieckfWlred funds required to close per the approved Estimated Closing Statement and approval
of Stanuory WcTgwy Deed to be executed by acller herein. Purchaser's SupplrmAwal Instructions to
o8crow, wWcb shall control in the event e5f a conflict-
SEP-15-99 04:16 PM SEr CJS 306 0290 P.05
-01 .0 1U.rW ayya hMUM: 503-244-8377 TO: 222
PAGE; 6
RRC" itST oMERTCAN TITLE To 1 222
~ 1999.09-16 13+45 tilO6 P,(p6/0?
Page 2
&Xrow NO. =J W
Escrow Jt3s=tjons
conrinucd,..
I
i
Rhin you art: In receipt of all of the above, you air Lnst[ucied to
It cord the doeneaeaa and dlrrh.+rse
hltrdl in et~lordanoe v+iQr rbneee+tcttora and in acLptbaace with the attached deysitag statemcaa3 as
=djunted. All disbursements shall be mach by yOnr eback or cheeks. The balance ter
to: T T• &9 &,MLt a A R rnajninQ is to be paid
if buyer 16 obtaining a new loan then First American Title htsut mce Compruly of providing funds Oregoe1. as esc w
I agent.
CUA ro is hereby a11[horizr4 and instru to recvrd documents directed by the lending bat h tion
provi m the borrower/buyer, prior to deposit Of sllr•,b loan fUndS into escrow. It is rmdentood
i that
that their doar~ the intrntirm that doeutaenis ba: Used a11Er funds z= MAived, that the lender requires
runt(s) be a matter of public record prior to their dlsburacment of funds to escrow. First
hrneriean Title Insurance Company of Oregon will not be held responsible for any delay in such
disbursement of f mr bj by the lending institution, which could Haase a delay of disbursement of fimds to
other parties.
You ire alrthorizcd and msbuctcd to issue the specified title inuumacc policy nr policies. m the speelfled
TnOAMES to-wit:
is Standard aUAN-Op
owing title ver"ted in: C.1TY~P R >•I O O ' NI ' L(;O I
ruing the Interest o1' ~~Y OF TT , Rb N Q$N JN AJ. CO~
free and dear of encumbrances. except building and user rostricaons, easements, zonii4 and building lwaws
rind oslizanms. if auy. printed conditions and ctceptions contained in farm of title insurance policy
#Ierain provided for, and NO, 1. 3 a 4
~ ~ :::AFTER EXCF.PTiQNS
N0, 3: & pL E 4 A1} FOL .G XAxt^ijLL " HERE r1RE Nt7 XISTIAif3 lf{!`1
PROPERTY FOR I-17VII-EZ QX $4ESS k~1'I - DUE AND-_L"
A' TIILRP. ARE NO LtFVrF.S itvn
F AS AF THE n4TF OF PHIC rnr try as shown in me
relin iawy title report dated 0S/24i 1999. _
ou are to prorate as of Llrr following: P-cordiag of decd. PI-- refer to [he closing stWj=t attadK4d
4creto.
The above dare is pursuant to the earnest money agreement.
iwceLla.=us itstrucTim t:
It is hereby understood and agreed that the taxes have been proratai based upon an mtlmama segrcgatm
amt, and additional adjustxl,euts of said prorations, if necessary, shall be handled directly between the
es outside of this escrow,
'Dire repression "Clesse of Escrnw" mcarw the data rut which luvrrummts refcrxw to h=e ie am fad for
' , priacipals neruin agree rn pay any charges. advances and expenses that art: properly chargeable m
the,,m At the close of escrow you are to mail all documents, cz. to tlto persons endrled thereto. You
+ to fLraLsh a copy of Wee instructions, arnendromts thatew, closing oiztL7leat3 and/or any other
nzaent deposited in this escrow to the lender or lenders and/or the real estate broker or brol¢rs, real
to agent or agents invnived In this tztwactiou upon request of such lenders, broker, or ageuta. This
is declared to be the essence of these imstt'uctious. Any ami-rel rnt of and/or supplement to these
instructions must be in -riting_ The x lean a+ctiuns eowtiture the entire escrow between the escrow holder
and the parties herety; except the Purchasers Supplearatal Instructions to Escrow.
Should you before or after close of escrow rcaei-e or become aware of any conflicting dennands or claims
w}th respect to this escrow or the r;ghto; of any of the parties thcrcto, of any monry or property deposited
herein or affected hereby, you shall have the right to discontinue tray or all fluther acts on your part until
tv d Her is resolved to your satisfaction, and you shall have the further rWhc to commence or defend
anion or proamdings Mr the determination of such conflict. The
Parties hereto jointly and severally
agree to par all costs, damages, judgments. and ertpenset including reasonable attorney has. suffered or
incurred by you in connection with, or arisltlg out of dtis escrow, hxludMg, but without liteirulg the
g Ity of the foregoing, a suit in intclpleader brouat by yt1,i.
P1 Amrricatr IutS used xrasonable cammctCW efforts to derv
e/LUtueretal verldpry selecrtd runner that the dclxisitory bank another
try First Amerleun are capable of processiag ttatiisacdorn without errors due
to:daw field related computer praocessinE erTQM, eluding Withnut limitation "YCBr 2000" errors.
SEP-15-99 04:17 PM SEr. CJS 306 0290 P.06
uvo rnum: bU3.244-8377 TO: 222
PAGE- 7
Gt~Q,q : 1 RT t OVIR f r'A N r t TLe TO 222
1999,0!-SG 13,42 4106 P.0weT
L!toav3
Na. 2mw
$='m Inerrttc dais
oatiatted...
HUWOMp FirSt American esgrcaaly diiclt:au any tiabitity resuitiAg fr= dais Seld Klatsd eolmutrr
PMeising arrun, including with= Un6arion 'Yesr 2600" errore of tl,ic&i panics upon whom Ptrar
4mericen depends in processigg escrows gadior titles and over which Fitsi A- iLu has so control.
Tltase tastrtlrrions are efl'ertive unt a thirty days from the duce hereof, and tbn=fter anims -voked
§y written demactd sad authOrizatlon sattsfaetory to you and in socordaiwe with the laws of the
State of Orern.
ltcscted
instrurdont may be signed in conaterpmrU. %larn RR cuunterp3ru .have been duly etcects
rd have been: veyd by yon, they wW be deemed to comprise one single Instruction.
The patties herein oademand and direct escrow to chmle : fbt! SS per month on mV
runaining in the escrow Me dare to unshed checks. Said bwvkr toe mIU beou sir (6)
gioutks s>Y~r the check has bmu !sited,
7 IS UNDERSTOOD BY THE PAkT F_s .4IGNLIYG TEFL ABOVE OA ATTACkLED ESCROW
EIMfiJ'tttICTIONS THAT SUC13INSTRVCTIONS CON.S'[77'[311; THE WITOLE AGREIMEW
I'"ELN ThIS FIRM AS AN F_SCROW AGENT AND YOU AS A PRINCIPAL TO TEE
ESCROW T'RANSACT'ION. TSF.S'E INFMUC7TONS MAY NOT INCLUDE ALL THE UILM,S
OF THTs AGRr7NIEh'1' WWCHIS TRY, SUfUKCT OF 7WS ESCROW. PLEASE READ THM
I STRUCFIUNS CARFFULLY, AND DO NOT SIGN TEEM UNLESS THEY AXE
ACCEPTABLE TO YOTI.
ANY AND ALL AMttt.NDEDISVPMEMIrhTAI, TNRT'12UC'1T0\5 ARE A'PL'ACH D AIND MADE
A PART I lTRROF.
Dated thin day of SEPTEMBER, 1999.
7.' T. ROTN, IR. THMLESA ROTH
Address: 12600 SW 72ND Ave. #200
11sard, OR 47223
RUM.
CITY OF n0ARD, AN OREGON MUNTCTPAL
BY' -
WILLIAM A. MONAHAN. CITY
IJANAGER
Ado: 13125 SW Hill Blvd.
TiPAtd, OR 97113
1+ hereby acknawledge Tereipt of the above money, d6mmenrs acrd insmtcdons, this ` day of
iT A_MFRICAN TTILI LNSURANCS COMPANY (}F OREA 30S
BY
Linde L. Mellenignn, Pacro- Officer
I
SEP-15-99 04:17 PM SEr: CJS 306 0290 P.07
- It:ae rRum! 503-244.8377 TO' 222
PAGE: 3
~pryq :3LT PMWzzcnw TITLE TO 222 L9949, aq-jf
33i 39 M3
i 06 P.03i07
• ANN.. First American 7VIe Insurance Company of Oregon
10260 SW Greenburs Road, Ute 170
Portland, OR 97223
Phone: (503) 2448323 Fax:(503) 2",8377
Title No.: W9A Your No.; 2051565-LM Date: ,FgQtgnbor 15.199
County; WASHINGTON
Bold Pending Nod5cation to Record; Relcayc with- for
WE UNCLOSE THE FOT.1,0WMG:
1I. d WWIWtty Dned dote: ROTH. 7,2'. 7R, AND RRSA to C= OF 1It3ARD
DITIONAL DOCV?dF 'TS:
OF POLICY: Owner's Standa: d
StMED PAFMY: CITY OF TIGARD, AN OREGON MUNICIPAL COUORATION a3 to OW.,-,
IattQ:trd
TARIT,ITY: 177,000.00 as to Owner's Standard
hXI (NUM: Owner's Standard - $386.00
tNSYER TAX = STI.W
TO`'EJtNNWMf SERVICE CHARGE = 550.00
COADL'i GS:
eed - $48.00
T;v41CFXL,ANE0U9 TrME CIIAEt M
I
15SUE PO[dCY SLRi7E,CT ONT.Y TO ITEMS NI;M9ERED: N70. 1. 3 _ AND 4, OP PR LD&
«.sAFTFR PXCc.p tXON$ NO. 3 R a PLEASE-AQ12 T= POI L O~VIriQ LAN(3UAGB*:: -THERE
RENOIE FISTING. LIENS ON THE M1tOPE t7Y IIOR LM ES OR ASSFSS?-M M AND 'I'HFRE
'O LEVIES ND ASSESSNMNTS DUE AND LE AS OF THE DATE Off' IMLS
LIQY" as Shown on your P'relllnlnary Commitu=t No. = Dated 08,124!199 .
YOII; AuF HEitl?BY RE:QUTi3TFT► TO DELETE TTT N(S NL` MERFD: (aw-uuul for WI ce=ptiors
to he deleted): Jdo. z Nt)Nt DLJ)~CB1,LE3p CITY 8129; NO. 6 OFF NO ALTA,'
TTI'I.E VESTING: C1TY,!2F T1GD. AN QRFEGQN~IPAL t_t~KYORA710N
ADDITIONAL INSTRUCTIONS:
~hooc Recheck: Nsmc nud Mao= No. Linda L. MFQctrigan. (503) 244-8323
bistn'bute policies as Follows.
Buyer ,j123 Sw Hall Rbld.__Tigard. PR 97223
Armit Imil for Srrvir^ to: Sighed
Company: First American Title linurance Co. CompaZy Hrancb: lu91a Tower B
~ddre»: IDW SW Greentatrg Road, Stllte 170
Portland, OR 47223
~urztiQu: Linda L. McGettigan
SEP-15-99 04:18 PM SEr- CJS 306 0290 P.08
~aea rnUM: 503.244-8377 T0; 222
PAGE: 2
1,00M . 137 Atlc)v I CAN T 111,5 TO i 222
1m,09-113 13136 N106 x.02/07
CICI y o
ARM American Mle Insurance Com an
f Oregon
I0260 sw o=eenbur8 Road, Seta 170
FOrtland, OR 97223
Phone: (503) 2848323 F8x: (S03) 244.8977
BUYF g'sBORitOWER's E.SI~VIATE OPT
DATED As OF 09/15!99 CLOSL'.tG COSTS
THE fOU0'%INNG 1~7'GURES ARE BAS13D ON INFORMATION DEEMED RELIART,B BUT ARE NOT
GUARANTEED AND MAY BESUBJECT TO CHANGE ON 1~1'riAL e'ATEMENT
i
CLOSI~G DATE; 09/1771999
ESCROW NO,; 99051565-LAd
IiSCRL}R' STA'ITsMF.NT OF;
I CITY OF TIGARD. AN OREGON MUNICIPAL ESCROW OT'1IICT3R; Linda L. McGetrtgaII
PAOI' TY snj,D BY:
J• T RO-171, JR.
THERESA ROTH
PROPERTY ADDRESS: VArANT - WEST PORTLAND HEIGHTS...TTGARD OR 97223
LIrtJAIJ:
DEBITS CREDITS
ROOM,- ~ ~1'U:
TtJTI I. CONSTTMER.ATLON
$ 77.000.00 S
ROkA ON / r
Tax Lat No. 8800 based cm $22a,29
Pordon Qf Tax Izt No. 9700 based on $44.86
Taxes fta 12 =Dtbs az $269.15
WASHINGTON Comity Taxes - Prorated 07/0111999 0911711999
57.36
F;r.i A,pdcrican Title~gypn~ Co.O r'a SistularJ Mky for $77,000,00 386.00
Transfer Tax (Wash. County) 77.0o
Govcmaiear Service Cb2rps 50.00
~nRDING C1IARGF_g;
n~
48.00
Fast Aa,e I-tn -We IRRSiZNX Ga.'
I3RCfOW FCi:
325.00
BALANCi DUE ESCROW
77,B2y,6d
►TOTA I .F+'
$ 77.886.00 S 77,886.00
TkW IS AN ES ZiATED STATF,N MNT ONLY
CITY OF TIGARD, AN OREGON gl-T IICTPAT.,
By.
871_ iLLAM A. MONAHAN. CITY MANAGER
I
I
SEP-15-99 04:13 PM SEr CJS 306 0290 P.09
Vol i4 II.dfI! IWWV 1-HUM: 503-244-8377 T0: 222 PAGE: 3
FRCH :19T RMERICRN TITLE TO 1 222 1999.89-16 0e: G9
7 X097 P.03/10
Fust America Title Insurance company a won
M ssarsd bisfYSy gflru *j8~~ 'N CONF*Mr OF MCCON
1700 S.W. FOURTH AVNIjE. ronTLAND, OR 9-rWl-W72
(303) 222-3x51 FAX (603) 77865 or (503) 790-7x58
Preliminary Title Report
Au" 2a, 1 ggg ALTA 0-- 8mjnd. I:ov. SOPEfV Pmrnivm g
ALTA Owners EYL Cav. S Fm nium $
ALTA Landers Stand. Coy. $ Premium S
ALTA Lendsm &L Cw. S Premium s
Clydar No 8g3gtg Itl+IUMMOM - 100.116 & a.1 Prsmlimm;
EAcrow No.: M061565 Mar Cost $
Re : Roth/City of Thud aw- Sm. Cnarge cost S 5D.00
SUPPLEMENTAL REpoFTT A oo11so14alvd shdemeni of so charges ana adrancea in con
rfee{ioft with this order will bo provided x g1a:AnQ.
First American Title Insurance Company of Qre~Urn
1(12W SW Oraenburg Road
Suhe 17o
Portland, OR 97223 READ & APPROVED
Auerftn: Linda McGettigan
Telephone No.: (503)244-83323
Fax No.: {503}244-8377
We are prepared zo Issue Tilde Insurance Policy nr Policies in the farm and amount shown above, Insuring
title to the following described land:
Lots 15, 16 Snd the South 10 feet of Lot 14, Block 29, WEST PORTLAND HEIGHTS, In the Gay of
Tigard, County of Washington and State of Oregon:
and as of August 19, 1999 ad S-oo ern, tare vested in:
,l.T. ROTH, JR iind TFRFSA ROTH, as tenants by the entirery, _
Subject to the exceptions, exclusions and stipulations which are ordinary part of suoh Policy form end the
fouowing:
1. Taxes for the fiscal year 1999-2000 a lien not yet payable.
2. City Liens, 9 any. cr the Ctry of Tigard.
Note: An Inquiry has been directed to the City Glerk and subsequent advice will follow concerning the actual
status of such [lens.
3. Statutory Powers and Assawmentis of (minified Sewerage Agency.
4. These premises are wtthln the boundaries of the Tualatin Valley Water DIsMct and are subjeot to the
levies and assessmerds thereof.
S. An easetirerit and maintenance provisions, created by Insirumem irududing the terms and provisions
tt,ereLk
Recorded January 17, 1997 as Fee No. 97005545
r-Avor of J.T. Roth, Jr. and Theresa A. Roth
For Driyeway -
Affects Lt1ts 15 acid 16
Thus report is for.1ha exdustve use or the parses heroin shown and is prsllminary to the issuance of a tific kmurwwr purity
and shall become void unless a policy is Ia4ued. and me tuu premlurn paid.
SEP-15-99 04:19 PM SEC- CJS 306 0290 P.10
ud;io 16:Zu INSW FROM: 503-244.6377 TO: 222 PAGE: 4
FROM a1.ST AMERICAN TITLE TO 1 222 1999,09-16 09100 X897 P.04/10
Pago 2
Order No, 883913
B. The following masers pertain to Lenders Extended coverage only:
(a) Discrepancias, conflicts in boundary Iinc;,, shortage In area, encroachments or any other facts which
a Correct survey would disclose.
(b) P6altias in possession, or claiming to be in possession, other than the vestees shown herein.
(c) Statutory liens for labor and/or materials, including liens fur contributions due to the Smote of Oregon
for employment eomp6, =tlon and for workman's compensation. or any rights thereto, whore no notice of
such hens or rights appears of r@t-ord.
NOTE: Texas for the year 1998-09 paid in full.
Tax Amount : =429
Code No_ 023.81
Account No. 2S11AA-48800
Key No. - 456820
(Affects Lots 15 and 16)
NOTE: Taxes for the year 1698-99 paid in full.
Tax Amount $~644.a
Code No. 023.81
Account No. : 2S11AA-08700
Key No. 45MI I
(Affects Lot 14 and covers additional property)
NOTE: The herein described property appears to be a portion of an existing tract We find no partition plat
of record. A sale or conveyance of said parcel may be in.violaation of Ilse partition S==ari as set out under
O.R.S." 8201 0 - 92190.
(This exception may not appear in the policy to issue as the matters referred to herein ire excluded from
coverage)
FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
DODIF MCCRACKEN
Chief Tide Officer
(503) 790 7136;3
DM. 10h
cc: J.T_ Roth, Jr,
cc: City of Tigard
Attn: Vannie Nguyen
cc: Gary Knov4ton
cc; PominlE Cori
7HANK YOU FOR CHOOSING FIRST AMFRICAN TM-E
We /mk fnemay t !b aC4.Sffner vnn in 9/r of Lonna ?W,- sash ---v wm.4e
SEP-15-99 04:19 PM SEC CJS 306 0290 P.11
,I•r- p eve rnum; 503.244-8377 TO: 222
PAGE: 5
FROM t1ST OMERICAN TITLE TO i 222
,03-IS 09300
_ THIS AW is FURNISHED AS A CONvExm4CE 114 LOCATING PROPEsRTY9AN THE COrr[PAhI $097 P. 05/10
AMMEB NO UAWUT'Y FOR ANY VAU IONS AS MAY DE DISCLOSm 8Y ACTUAL SURVEY
ez .Katr
ct~ Fmst Aanerrcan 7-zde aace Cogs
An ==MOW =MOM= KRIs of Tt LZ WgURAM 1 =30OMT OF QPWOhl
1700 Sw- POUR;M AVENUe PORTLAND, on 472Q,-ss12
(om) zzz~~,
17
i~ 27
T T T
X200 4300 4500
56 Aa . AC E .17 Aa
9 20 21 22 23 24 25 26 19 201 ti 22- 23 24 25 26
1
q~
FRANKLI
1 25 25 25 25 25 25 25 25
9100
I i 5300 0.gq 8200
Ac. .46 Ac W)w Z$ Ac-
1 2 3 41 15 6 7 6 _1 2 3 4 mo 6 7 8
11 _
_ 5
1
36
10 33 EAS~ - -
~r w - - -
i1 111 34 1 "8SOZ3--~ - Jim
12 t 33 12 JZ A
13 } 32
3+0 800 ,
14 31 .23Ar.
15 30 8800 1 30
' SASE 97-3545
Z
1101 ~s6 9108 IOD Q3 i ioO.v3
3740 f 45AC. _ 9800 r9700
~ -
T T T 'T T ''r` IA~. T1.4 c-
SEP-15-99 04:20 PM SEG CJS 306 0290 P.12
I
r~ AYi~7Q
1 ~v 7;ACit RlaltvL~h FQR R6CtSRDPRB t,SS
I
I
Aber RCOiQinb R*t'st c~.
A MV
Zntil a ahiu~o i6 rcrnrmst~ all td~ aZO:crr-w
sta!] hr seat to the following aaa.r
Y> low No.
Tidt No. BRj2.ja
STATUTORY %f Llt AIZY DEED
-L'-RQULIR_:..THRF.S_A R~7 r,I-.acwr. Gtfma
.LGON V AT , TOA` Ys arul u L.9nc~ to Ci3 jLOF
-A ~ N
snd ai : aaiea- L`e fullowillg dexribeC rrdl
0"' prmcr*y irec bfl;etu
.utrbrac rs, Cept as -d£c~lly 9 inrtb bererp;
LOTS IS AND 16 AND THE SOU'l'li 10
Nfi.I+~H IS, N
1FiS CITY ()F TTt'rARD, COUNTY PLF7 OP LOT 24. BLOt'K 29, wFST i'OA~T)
Ol~ WASI'TIAIG7'(?V AND STA'1'C OF O O v,
TOGETHER Rr 'll All OF GRA:\TOR'S RlGHIi TrME AMD INTERLST IN AND FIAT
CEIeTA IN EASP-NIENTAUREl1vILhT DA TED UhCE.SMER 10. 2996 AND RT('()RDED 7A N l
17 1P97 AS 1`'LE N0. 9711115$!,5, THE I'URK)SE OF WHICH IS TO EXIINGIT&H SAIDT
This prepeny is free of liens :.ad cnaTMl,_apccg, EYCF:PT:
Trues r5r Chr. fiscal yaw 1999-Z.OfN1 a lim nor yet peyablc;
TI1I5 ?NS'rRLT~&NT WILL NOT ALLOW USE OF THR MOMMY DE'srRmw rN 'HIS
INSTRUMENT IN ViOLATIC)'V OF APPLICABLE LAND 11S8 LAWS A. ND R15rouT.ATION3,
BEFOP SIGNINn OR ACCr,P'T NG THIS INS'IRlll.fFtiT, 'rHF I'~RS{}h1ACQUIR)n1GFFLTNI1.t'
TO TFM PRUPER'! Y SUOLab CNF('K WITH THE ~+1TY
PI.AN.*RNG DE?I',~l.'4IENT Tr) ERIPY 1 APPR(RSWlg QUOTY OR l (i C01f
PPROVSD USES AND TO DETERMINE ANY LN1IS
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