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99-099331 ~ 12770 SW Ash Avenue 7 STATE OF 0;Op County of VAMbIngton I, Jerry L'OmpSIIy the wl that and re Saki coun After Recording, Return to: Ramis, Crew, Corric T, ftmoubobbutul and Bachrach2 ~c> Attn: Amy Chestnut 1727 NW Hoyt° hector of Portland, OR 97209 eexaflon,Ex Until a change is requeste , tax statements Doc shall be sent to the following address: : 2 1 Rect: 2338652 8652 16.00 City of Tigard 08/2511999 10:35:32am 13125 SW Hall Blvd Tigard, OR 97223 STATUTORY WARRANTY DEED (Individual) (Above Space Reserved for Recorder's Use) Marion Clara Keefer conveys and warrants to City of Tigard, an Oregon Municipal Corporation the following described real property in the State of Oregon and County of Washington free of encumbrances, except as specifically set forth herein: (Continued) C6 U N W ~ Tax Account Number(s): R462261 U c3 This property is free of encumbrances, EXCEPT- 1. Taxes for the fiscal year 1999-00, a lien in an amount yet to be determined, but not yet payable. The true consideration for this conveyance is $158,000.00 Note: consideration is being paid to a facilitator in connection with IRC 1031 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA- TION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- MSNT, THE PERSON ACQVTRING 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 LAW- SUITS AGASNST PAtRM-ING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED this _P,~day of Au st,? 1999. M ion Clara Keefer STATE OF OREGON, COUNTY OF Washington)ss, qq The foregoing instrument was acknowledged before me this day of August, 1999, by Marion Cl~a~ras Keefer. 4 it Notary Public for Oregon My Commission Expires: _ OFRUALSE& ` TRACIE TURNSAUGH NO'uAf+vv PUBL1Cr0a~N I COMMISSION NO.058949 Order No.: 212123w MY GpMM16610N p(pIRES OCT. B. 200n Q. ._ ` A, Yegon Department of Environmental Quality 14 -.+raw Northwest Region 700 NE Multnomah Street,Suite 600 'los"- , Kate Brown,Governor Portland,OR 97232 (503)229-5263 FAX(503)229-6945 TTY 711 June 17,2015 Sean Farrelly Redevelopment Project Manager City of Tigard/City Center Development Agency 13125 SW Hall Blvd Tigard,OR 97223 RE: No Further Action Determination Tigard Public Works Yard Redevelopment Project 12770 and 12800 SW Ash Ave.Tigard,Oregon ECSI#5935 Dear Mr.Farrelly: The Oregon Department of Environmental Quality(DEQ)has completed its review of the available information and the summary report entitled:Site Characterization Report, City of Tigard Public Works Yard, dated February 10, 2014,prepared on your behalf by AMEC Foster Wheeler. The Tigard Public Works Yard Redevelopment Project addresses are 12770 and 12800 SW Ash Ave.Tigard,Oregon,on Tax lots 2800,2900 and 3000. DEQ has determined that environmental investigation work to characterize limited contamination at Tigard Public Works Yard is complete,and that no further action is required.This determination is based on the DEQ regulations and the facts as we now understand them including,but not limited to the following: • The site was a municipal wastewater treatment plant(WWTP)from 1960 to 1990. From 1990 to 2015,the site has been the City of Tigard Public Works Yard.Also in 2015,the site is slated for redevelopment as an apartment block with paved parking and landscaped areas. • Causes of site contamination:Vehicle fueling and fuel storage,paint and general chemical use and storage, heating oil tank release and partial cleanup,WWTP chemical use and storage. • Affected media:soil,groundwater,soil gas. • Remedial actions taken:None.Remedial actions were not deemed necessary by DEQ. • Limited contamination remains on the Tigard Public Works Yard. DEQ approves leaving this limited contamination because it does not present an unacceptable risk to human health,safety,welfare and the environment. DEQ's approval to leave limited contamination on the site was based on present and planned future site conditions,as described in the DEQ Staff Memorandum prepared in support of this No Further Action Determination. • Land and water use assumptions:The eastern uplands portion of the municipal property is slated for commercial redevelopment. The western portion of the property is a riparian area of Fanno Creek which is not part of this redevelopment project.The findings of the Beneficial Water Use Determination indicate that there are no reasonably likely future beneficial domestic,industrial,or irrigation uses for groundwater at the site. Based on the available information,environmental site conditions at the Tigard Public Works Yard are currently protective of public health and the environment.DEQ has also determined that site environmental conditions are protective during upcoming construction work and for future urban residents.The site requires no further action under the Oregon Environmental Cleanup Law,ORS 465200 et seq.unless new or previously undisclosed information becomes available,or there are changes in site development or land and water uses,or more No Further Action Determination Tigard Public Works Yard Redevelopment 12770 and 12800 SW Ash Ave.Tigard,Oregon ECSI#5935 June 17,2015 Page 2 contamination is discovered. DEQ will update the Environmental Cleanup Site Information System(ECSI)database to reflect this decision. This No Further Action Determination is being prepared prior to site redevelopment at the request of the City of Tigard to facilitate the redevelopment transaction.If any contaminated soil or groundwater is encountered in the future,it must be handled and disposed of in accordance with local,state and federal regulations as well as a site- specific Contaminated Media Management Plan.If site conditions are found to be considerably different from those represented hi project reports and the Staff Memorandum,DEQ may withdraw this No Further Action Determination. The DEQ Staff Memorandum supporting this No Further Action Determination can be viewed at http://www.deq.state.or.us/WebdocslForms/Output/FPController.ashx?SourceldTvpe=I 1&SourceId=5935&Screen= Load.DEQ recommends keeping a copy of all of the documentation associated with environmental investigation work with the permanent facility records.If you have any questions,please contact DEQ Project Manager,Kenneth Thiessen at(503)229-6015. Sincerely, Keith Johnson Environmental Cleanup Program NW Region cc: Keith Johnson,DEQ NWR Kenneth Thiessen,DEQ NWR Kevin Dana,DEQ NWR John Kuiper,AMEC Foster Wheeler Andrew Blake,GeoDesign Inc. ECSI#5935 no~rh f~C ,fG~ T tlc ~e~~ deed STATUTORY WARRANTY DEED w (CONTINUED) LEGAL DESCRIPTION (Continued) Order No.: 212123w That part of Lot or Tract 5, according to the duly filed plat of SURNHAM TPAC?S, in the City of Tigard, filed October 29, 1906, in Plat Book 12, Page 29, Records of the County of Washington and State of Oregon BEGINNING at the most Westerly corner of tract conveyed to Claude H. Embree and Grace Embree, husband and wife, by Deed recorded in Book 265, Page 651, Deed Records of Washington County, Oregon, said point being on the Southeasterly line of Ash Street and South 42° 05' West 150.0 feet from the intersection of said Southeasterly line with the Southwesterly line of Burnham Avenue; thence South 45° 46' East along the Southwesterly line of said Embree Tract 100.00 feet to the most Southerly corner thereof; thence South 420 05' West 100.00 feet; thence North 450 46' West 100.00 feet to the said Southeasterly line of said Ash Street and thence North 420 05' East 100.00 feet to the place of beginning. Note: 4continued) Tax deffered exchange Z f POLICY OF TITLE INSURANCE ISSUED BY OREGON TITLE INSURANCE COMPANY 1515 Southwest Fifth Avenue • Portland, Oregon 97201 • (503) 220-0015 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OREGON TITLE INSURANCE COMPANY, an Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, OREGON TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer or agent of the corporation. OREGON TITLE INSURANCE COMPANY Countersigned BY PRESIDENT J-e Authorized Officer ATTEST ~ SECRETAW' C OTIC 923 - ALTA Owner's Policy (10-17-92) r 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 lo- cation 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 re- cords 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 with- out 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: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the prefer- ential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 2. CONTINUATION OF INSURANCE AFTER to the title or interest as insured, but only as to those stated The following terms when used in this policy mean: CONVEYANCE OF TITLE. causes of action alleging a defect, lien or encumbrance or (a) "insured": the insured named in Schedule A, and, The coverage of this policy shall continue in force as of other matter insured against by this policy. The Company subject to any rights or defenses the Company would have Date of Policy in favor of an insured only so long as the in- shall have the right to select counsel of its choice (subject to had against the named insured, those who succeed to the sured retains an estate or interest in the land, or holds an in- the right of the insured to object for reasonable cause) to interest of the named insured by operation of law as distin- debtedness secured by a purchase money mortgage given represent the insured as to those stated causes of action guished from purchase including, but not limited to, heirs, by a purchaser from the insured, or only so long as the in- and shall not be liable for and will not pay the fees of any distributees, devisees, survivors, personal representatives, sured shall have liability by reason of covenants of warranty other counsel. The Company will not pay any fees, costs or next of kin, or corporate or fiduciary successors. made by the insured in any transferor conveyance of the es- expenses incurred by the insured in the defense of those (b) "insured claimant": an insured claiming loss or tate or interest. This policy shall not continue in force in favor causes of action which allege matters not insured against by damage. of any purchaser from the insured of either (i) an estate or in- this policy. terest in the land, or (ii) an indebtedness secured by a pur- (c) "knowledge" or "known": actual knowledge, not chase money mortgage given to the insured. (b) The Company shall have the right, at its own cost, constructive knowledge or notice which may be imputed to to institute and prosecute any action or proceeding or to do an insured by reason of the public records as defined in this any other act which in its opinion may be necessary or desir- policy or any other records which impart constructive notice 3. NOTICE OF CLAIM TO BE able to establish the title to the estate or interest, as insured, of matters affecting the land. GIVEN BY INSURED CLAIMANT. or to prevent or reduce loss or damage to the insured. The Company (d) "land": the land described or referred to in The insured shall notify the Company in writing promptly of this policy, whether or not it shall be liable hereunder, and Schedule A, and improvements affixed thereto which by law (i) in case of any litigation as set forth in Section 4(a) below, shall not thereby concede liability or waive any provision of constitute real property. The term "land" does not include (ii) in case knowledge shall come to an insured hereunder of this policy. If the Company shall exercise its rights underthis any property beyond the lines of the area described or refer- any claim of title or interest which is adverse to the title to the paragraph, it shall do so diligently. red to in Schedule A, nor any right, title, interest, estate or estate or interest, as insured, and which might cause loss or easement in abutting streets, roads, avenues, alleys, lanes, damage for which the Company may be liable by virtue of (c) Whenever the Company shall have brought an ways or waterways, but nothing herein shall modify or limit this policy, or (iii) if title to the estate or interest, as insured, is action or interposed a defense as required or permitted by the extent to which a right of access to and from the land is rejected as unmarketable. If prompt notice shall not be given the provisions of this policy, the Company may pursue any insured by this policy. to the Company, then as to the insured all liability of the litigation to final determination by a court of competent juris- Company shall terminate with regard to the matter or mat- diction and expressly reserves the right, in its sole discre- (e) "mortgage": mortgage, deed of trust, trust deed, ters for which prompt notice is required; provided, however, tion, to appeal from any adverse judgment or order. or other security instrument. that failure to notify the Company shall in no case prejudice (d) In all cases where this policy permits or requires (f) "public records": records established under state the rights of any insured under this policy unless the com- the Company to prosecute or provide for the defense of any statutes at Date of Policy for the purpose of imparting con- pany shall be prejudiced by the failure and then only to the action or proceeding, the insured shall secure to the Com- structive notice of matters relating to real property to pur- extent of the prejudice. pany the right to so prosecute or provide defense in the ac- chasers for value and without knowledge. With respect to tion or proceeding, and all appeals therein, and permit the Section 1(a)(iv) of the Exclusions From Coverage, "public Company to use, at its option, the name of the insured for records" shall also include environmental protection liens 4. DEFENSE AND PROSECUTION OF ACTIONS; this purpose. Whenever requested by the Company, the in- filed in the records of the clerk of the United States district DUTY OF INSURED CLAIMANT TO sured, court for the district in which the land is located. COOPERATE. all reasonable at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing (g) "unmarketability of the title": an alleged or appar- (a) Upon written request by the insured and subject to evidence, obtaining witnesses, prosecuting or defending ent matter affecting the title to the land, not excluded or ex- the options contained in Section 6 of these Conditions and the action or proceeding, or effecting settlement, and (ii) in cepted from coverage, which would entitle a purchaser of Stipulations, the Company, at its own cost and without un- any other lawful act which in the opinion of the Company the estate or interest described in Schedule A to be released reasonable delay, shall provide for the defense of an insured may be necessary or desirable to establish the title to the es- from the obligation to purchase by virtue of a contractual in litigation in which any third party asserts a claim adverse tate or interest as insured. If the Company is prejudiced by condition requiring the delivery of marketable title. (continued on inside back cover) CONDITIONS AND STIPULATIONS 10. REDUCTION OF INSURANCE; REDUCTION (Continued from inside front cover) OR TERMINATION OF LIABILITY. the failure of the insured to furnish the required cooperation, gations to the insured under this policy for the claimed loss All payments under this policy, except payments made for the Company's obligations to the insured under the policy or damage, other than the payments required to be made, costs, attorneys' fees and expenses, shall reduce the shall terminate, including any liability or obligation to defend, shall terminate, including any liability or obligation to defend, amount of the insurance pro tanto. prosecute, or continue any litigation, with regard to the mat- prosecute or continue any litigation. ter or matters requiring such cooperation. 11. LIABILITY NONCUMULATIVE. 7. DETERMINATION; EXTENT OF LIABILITY It is expressly understood that the amount of insurance r 5. PROOF OF LOSS OR DAMAGE. AND COINSURANCE. under this policy shall be reduced by any amount the Com- In addition to and after the notices required under Section This policy is a contract of indemnity against actual mone- pany may pay under any policy insuring a mortgage to which 3 of these Conditions and Stipulations have been provided tary loss or damage sustained or incurred by the insured exception is taken in Schedule B or to which the insured has the Company, a proof of loss or damage signed and sworn claimant who has suffered loss or damage by reason of mat- agreed, assumed, or taken subject, or which is hereafter ex- to by the insured claimant shall be furnished to the Company ters insured against by this policy and only to the extent ecuted by an insured and which is a charge or lien on the es- within 90 days after the insured claimant shall ascertain the herein described. tate or interest described or referred to in Schedule A, and facts giving rise to the loss or damage. The proof of loss or the amount so paid shall be deemed a payment under this damage shall describe the defect in, or lien or encumbrance (a) The liability of the Company under this policy shall policy to the insured owner. l! on the title, or other matter insured against by this policy not exceed the least of: ` which constitutes the basis of loss or damage and shall (i) the Amount of Insurance stated in Schedule 12. PAYMENT OF LOSS. f state, to the extent possible, the basis of calculating the A; or, (a) No payment shall be made without producing this amount of the loss or damage. If the Company is prejudiced (ii) the difference between the value of the in- policy for endorsement of the payment unless the policy has by the failure of the insured claimant to provide the required sured estate or interests as insured and the value of the in- been lost or destroyed, in which case proof of loss or de- pr'oof of loss or damage, the Company's obligations to the struction shall be furnished to the satisfaction of the Com- insured under the policy shall terminate, including any liabil- sured estate or interest subject to the defect, lien or encum- pany. ity or obligation to defend, prosecute, or continue any litiga- brance insured against by this policy. tion, with regard to the matter or matters requiring such (b) In the event the Amount of Insurance stated in (b) When liability and the extent of loss or damage I proof of loss or damage. Schedule A at the Date of Policy is less than 80 percent of has been definitely fixed in accordance with these Condi- In addition, the insured claimant may reasonably be re- the value of the insured estate or interest or the full consid- tions and Stipulations, the loss or damage shall be payable 4 quired to submit to examination under oath by any au- eration paid for the land, whichever is less, or if subsequent within 30 days thereafter. i thorized representative of the Company and shall produce to the Date of Policy an improvement is erected on the land 13. SUBROGATION UPON PAYMENT I for examination, inspection and copying, at such reasona- which increases the value of the insured estate or interest by OR SETTLEMENT. ble times and places as may be designated by any au- at least 20 percent over the Amount of Insurance stated in thorized representative of the Company, all records, books, Schedule A, then this Policy is subject to the following: (a) The Company's Right of Subrogation. ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which (i) where no subsequent improvement has been Whenever the Company shall have settled and paid a reasonably pertain to the loss or damage. Further, if re- made, as to any partial loss, the Company shall only pay the claim under this policy, all right of subrogation shall vest in quested by any authorized representative of the Company, loss pro rata in the proportion that the amount of insurance the Company unaffected by any act of the insured claimant. the insured claimant shall grant its permission, in writing, for at Date of Policy bears to the total value of the insured estate The Company shall be subrogatod to and be entitled to all any authorized representative of the Company to examine, or interest at Date of Policy; or (ii) where a subsequent im- rights and remedies which the insured claimant would have inspect and copy all records, books, ledgers, checks, cor- provement has been made, as to any partial loss, the Com- had against any person or property in respect to the claim respondence and memoranda in the custody or control of a pany shall only pay the loss pro rata in the proportion that had this policy not been issued. If requested by the Com- third party, which reasonably pertain to the loss or damage. 120 percent of the Amount of Insurance stated in Schedule pany, the insured claimant shall transfer to the Company all All information designated as confidential by the insured A bears to the sum of the Amount of Insurance stated in rights and remedies against any person or property neces- claimant provided to the Company pursuant to this Section Schedule A and the amount expended for the improvement. sary in order to perfect this right of subrogation. The insured shall not be disclosed to others unless, in the reasonable The provisions of this paragraph shall not apply to costs, claimant shall permit the Company to sue, compromise or judgment of the Company, it is necessary in the administra- attorneys' fees and expenses for which the Company is li- settle in the name of the insured claimant and to use the tion of the claim. Failure of the insured claimant to submit for able under this policy, and shall only apply to that portion of name of the insured claimant in any transaction or litigation examination under oath, produce other reasonably re- any loss which exceeds, in the aggregate, 10 percent of the involving these rights or remedies. quested information or grant permission to secure reasona- Amount of Insurance stated in Schedule A. If a payment on account of a claim does notfully cover the bly necessary information from third parties as required in- (c) The Company will pay only those costs, attorneys' loss of the insured claimant, the Company shall be subro hich this paragraph, unless prohibited by law or governmental fees and expenses incurred in accordance with Section 4 of gated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the regulation, shall terminate any liability of the Company these Conditions and Stipulations. loss. ynder this policy as to that claim. If loss should result from any act of the insured claimant, 6. OPTIONS TO PAY OR OTHERWISE SETTLE B. APPORTIONMENT. as stated above, that act shall not void this policy, but the CLAIMS; TERMINATION OF LIABILITY. Company, in that event, shall be required to pay only that If the land described in Schedule A consists of two or part of any losses insured against by this policy which shall In case of a claim under this policy, the Company shall more parcels which are not used as a single site, and a loss exceed the amount, it any, lost to the Company by reason of have the following additional options: is established affecting one or more of the parcels but not all, the impairment by the insured claimant of the Company's (a) To Pay or Tender Payment of the Amount of In- the loss shall be computed and settled on a pro rata basis as right of subrogation. surance. if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel (b) The Company's Rights Against Non-insurN (i) To pay or tender payment of the amount of in- to the whole, exclusive of any improvements made sub- Obligors. surance under this policy together with any costs, attorneys' sequent to Date of Policy, unless a liability or value has The Company's right of subrogation against non- fees and expenses incurred by the insured claimant, which otherwise been agreed upon as to each parcel by the Com- insured obligors shall exist and shall include, without limita- were authorized by the Company, up to the time of payment pany and the insured at the time of the issuance of this policy tion, the rights of the insured to indemnities, guaranties, or tender of payment and which the Company is obligated to and shown by an express statement or by an endorsement other policies of insurance or bonds, notwithstanding any pay. attached to this policy. terms or conditions contained in those instruments which (ii) Upon the exercise by the Company of this op- provide for subrogation rights by reason of this policy. tion, all liability and obligations to the insured under this pol- icy, other than to make the payment required, shall termi- 9. LIMITATION OF LIABILITY. 14. ARBITRATION. nate, including any liability or obligation to defend, prose- cute, or continue any litigation, and the policy shall be sur- (a) If the Company establishes the title, or removes Unless prohibited by applicable law, either the Company rendered to the Company for cancellation. the alleged defect, lien or encumbrance, or cures the lack of or the insured may demand arbitration pursuant to the Title To Pay or Otherwise Settle With Parties Other a right of access to or from the land, or cures the claim of un- Insurance Arbitration Rules of the American Arbitration As- (b) than the Insured or With the Insured With ant. marketability of title, all as insured, in a reasonably diligent sociation. Arbitrable matters may include, but are not limited manner by any method, including litigation and the comple- to, any controversy or claim between the Company and the (i) to pay or otherwise settle with other parties for tion of any appeals therefrom, it shall have fully performed insured arising out of or relating to this policy, any service of or in the name of an insured claimant any claim insured its obligations with respect to that matter and shall not be li- the Company in connection with its issuance or the breach against under this policy, together with any costs, attorneys' able for any loss or damage caused thereby. of a policy provision or other obligation. All arbitrable mat- fees and expenses incurred by the insured claimant which b In the event of an litigation, including litigation b ters when the Amount of Insurance is $1,000,000 or less were authorized by the Company up to the time of payment the Company or with the Company's consent, the Company shall be arbitrated at the option of either the Company or the and which the Company is obligated to pay; or liability for loss or damage until there has been insured. All arbitrable matters when the Amount of Insur- final have no determination by a court m competent jurisdiction, ance is in excess of $1,000,000 shall be arbitrated only (ii) to pay or otherwise settle with the insured shall claimant the loss or damage provided for under this policy, and disposition a all appeals therefrom, adverse ri the title when agreed to by both the Company and the insured. Arbi- together with any costs, attorneys' fees and expenses incur- as insured. tration pursuant to this policy and under the Rules in effect on red by the insured claimant which were authorized by the the date the demand for arbitration is made or, at the option Company up to the time of payment and which the Company (c) The Company shall not be liable for loss or dam- of the insured, the Rules in effect at Date of Policy shall be is obligated to pay. age to any insured for liability voluntarily assumed by the in- binding upon the parties. The award may include attorneys' Upon the exercise by the Company of either of the options sured in settling any claim or suit without the prior written provided for in paragraphs (b)(i) or (ii), the Company's obli- consent of the Company. (continued on back) CONDITIONS AND STIPULATION- (Continued from inside front cover) fees only if the laws of the state in which the land is located ing any provision of this policy, this policy shall be construed 16. SEVERABILITY. permit a court to award attorneys fees to a prevailing party. as a whole. In the event any provision of this policy is held invalid or Judgment upon the award rendered by the Arbitrator(s) may (b) Any claim of loss or damage, whether or not unenforceable under applicable law, the policy shall be be entered in any court having jurisdiction thereof. based on negligence, and which arises out of the status of deemed not to include that provision and all other provisions The law of the situs of the land shall apply to an arbitration the title to the estate or interest covered hereby or by any ac- shall remain in full force and effect. under the Title Insurance Arbitration Rules. tion asserting such claim, shall be restricted to this policy. A copy of the Rules may be obtained from the Company (c) No amendment of or endorsement to this policy upon request. can be made except by a writing endorsed hereon or at- 17. NOTICES, WHERE SENT. 15. LIABILITY LIMITED TO THIS POLICY; tached hereto signed by either the President, a Vice Presi- All notices required to be given the Company and any POLICY ENTIRE CONTRACT. dent, the Secretary, an Assistant Secretary, or validating of- statement in writing required to be furnished the Company ficer or authorized signatory of the Company. shall include the number of this policy and shall be ad- (a) This policy together with all endorsements, if any, dressed to the Company at 1515 S W. Fifth Avenue, Port- attached hereto by the Company is the entire policy and land, Oregon 97201. contract between the insured and the Company In interpret- ALTA Owner's Policy (10/17/92) SCHEDULE A Date of Policy: August 25, 1999 At: 10:37 a.m. Policy No.: 212123w Amount of Insurance: $158,000.00 Order No.: 212123w Premium: $605.00 1. Name of Insured: City of Tigard, an Oregon Municipal Corporation 2. The estate or interest in the land which is covered by this policy is: A FEE 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 situated in the State of Oregon, County of Washington and is described as follows: That part of Lot or Tract 5, according to the duly filed plat of BURNHAM TRACTS, in the City of Tigard, filed October 29, 1906, in Plat Book 12, Page 29, Records of the County of Washington and State of Oregon BEGINNING at the most Westerly corner of tract conveyed to Claude H. Embree and Grace Embree, husband and wife, by Deed recorded in Book 265, Page 651, Deed Records of Washington County, Oregon, said point being on the Southeasterly line of Ash Street and South 420 05' West 150.0 feet from the intersection of said Southeasterly line with the Southwesterly line of Burnham Avenue; thence South 450 46' East along the Southwesterly line of said Embree Tract 100.00 feet to the most Southerly corner thereof; thence South 420 05' West 100.00 feet; thence North 450 46' West 100.00 feet to the said Southeasterly line of said Ash Street and thence North 420 05' East 100.00 feet to the place of beginning. ALTA Owner's Policy (10/17/92) Policy No.: 212123w 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, interest, 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 easement or encumbrances, not shown by the public records; unpatented mining claims; 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 taxes, worker'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. 6. Taxes for the fiscal year 1999-00, a lien in an amount yet to be determined, but not yet payable. 7. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. (There are no existing liens on the property for levies or assessments, and there are no levies and assessments due and payable as of the date of this policy.) t lp ~ , 310 0 ass 2Q p., Z 64G. Q/ s, I 3 200 v .31Ac. 9 4 t 2 C~ O o. '/o h 1600 1501 1600 1.42 Ac. 38,4 c. / Z6Ac. 1700°° ~.r °e~~ ~ seFe i o .39Ac. ~ 3f,3 T► / tR. 0 fB0 ti ° o ~%y47 ~~fv SEE MAP 2S 12AC V~ h .34 Ac- ~ f z 2S ~ d 20 O 2700 40AC. ° `gyp f9e ° 2~OO o 2400 a 3> / .23 Ac. ti 83 Ac. / a 0 ~ f 40 yti do-/ Q 3000 3.15 A 2200 '333a sQSo °y ~~'9~6 y 5. 5 / AC.- CD s~ f P r 6 9s~~ e ~ j OMPANY 4 ~ PROVIDED AS A COURTESY OF OREGON TITLE INSURANCo pang assumes THIS MAP IS in locating said premises, and the actual y ass • . s.., i+ba numose of assisting ~~ri incations ascertained by survey F REGON TITLE INSURANCE COMPANY 0220 SW Greenburg Rd., #120 Portland, Oregon 97223 (503)244-6068 / FAX 244-5975 City of Tigard DATE August 26, 1999 13125 SW Hall Blvd ESCROW: 212123w Tigard, OR 97223 PROPERTY: 12770 SW Ash Avenue RE: Keefer/City of Tigard Tigard, OR 97223 Ladies and Gentlemen: Regarding the above referenced transaction, enclosed are the following documents: [xxx] HUD-1 statement Thank you for using Oregon Title Insurance Company. Please feel free to contact me if I can be of any assistance or answer any questions regarding this transaction. Sincerely, 4T4,acce B. rnbaugh Escrow Off'cer A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT OMB No. 2502-0265 B. TYPE OF LOAN 1. ❑ FHA 2. ❑ FmHA 3. ❑ CONV.UNINS. 6. File Number: 7. Loan Number: 8. Mortgage Insurance Case Number: 4. ❑VA 5.❑ CONV.INS. 212123w C. NOTE : This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c)° were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER/TAX I.D.No.: F. NAME AND ADDRESS OF LENDER: City of Tigard Equity Advantage Incorporated An Oregon Municipal Corp. O'Donnell Ramis Crew Corrigan Attn: Amy Chestnut ?.727 NW Hoyt Street 13125 SW Hall Blvd 16325 SW Boones Ferry Rd # 203 Portland, OR 97209 Tigard, OR 97223 Lake Oswego, OR 97035 G.PROPERTY LOCATION: H.SETTLEMENT AGENT: 12770 SW Ash Avenue OREGON TITLE INSURANCE COMPANY Tigard, OR 97223 PLACE OF SETTLEMENT: I.SETTLEMENT DATE: 10220 SW Greenburg Rd., #120 08/25/99 Portland, Oregon 97223 J. SL MARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 158, 000.00 401. Contract Sales Price 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 2 83. 50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE 420. GROSS AMOUNT DUE FROM BORROWER 158 283.50 TO SF7ITER 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 15,800.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Deposit to Lender 504. Payoffof firstmortgage loan 205. 505. Payoff of second mortgageloan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes07/01/99 to 96. 81 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TEAL PAID BY FOR 520. TC7I'AL REDUCTION AMOUNT BORROWER 15,896.81 DUE SELLER 300. CASH AT SETTLE= FROM/TO BORROWER 600. CASH AT SEFIIEV= TO FRCS! SELLER 301. Gross amount due from borrower (line 120) 158,283.50 601. Gross amount due to seller (line 420) 302. Less amounts paid by/for borrower(line 220) 15,896.81 602. Less reductionsinamountdueseller(Iine520 3 03. CASH ( p FROM) ( ❑ TO) BORROWER 142,386.69 603. CASH TO) (E )FROM) SELLER Previous edition is obsolete. HUD-1 (8-87) RESPA, HB 4305.2 FINAL HUD" -2- L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER' S COMMISSION PAID FROM PAID FROM BORROWER'S SELLER'S based on rice $ 158,000.00 is FUNDS AT FUNDS AT Division of Commission line 700 as follows: SETTLEMENT SETTLEMENT 701. $ to 702. $ to 703. Commission aid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lenders Inspection Fee 806. Mortgage I nsuranceAIi cat ion Fee to 807. Assumption Fee 808. Tax Service F 809. Flood Certification 810. 811. y 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to a$ /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for ears to 904. Flood Insurance Premium for ears to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months @$ per month 1002. Mortgage Insurance months @$ per month 1003. City property taxes months @$ per month 1004. Count pro pert taxes months @$ per month 1005. Annual assessments months @$ per month 1006. Flood insurance months @$ per month 1007. months @$ per month 1008. Aggregate Ad~ustment months @$ per month 1100. TITLE CHARGES 1101. Settlement or closing fee toOregon Title Insurance Company 232 50 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to includes above items numbers: 1108. Title insurance toOrecron Title Insurance Comipany includes above items numbers: 1109. Lender's coverage $ 1110. Owner's coverage $ 158,000.00 605.00 1111. 1QQ,116, 8.1 11112.Govt Service Fee Oregon Title Insurance Company 1113.Overnioht Delivery n Title Insurance 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ :Mortgage $ :Releases $ 36.00 1202. Cit count tax stamps: Deed $ :Mortgage $ 1203. State tax/stamps: Deed $ :Mortgage $ 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. 1305. 1400 . TOTAL SETTLEMENT CHARGES enter on lines 103 sect J and 502 sect K) 283.90 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrowers Sellers The HUD-1 Settlement Stateme t ich I have prepared is a true and accurate account of this transaction. I have caused or will he funds to be di in accordance with this s tement. i` A_ C S tt eme t Agent Date Warning: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. FINAL HUD` OREGON TITLE INSURANCE COMPANY Tigard Branch l //1 10220 SW Greenburg Rd., #120 Portland, Oregon 97223 (503)244-6068 / FAX 244-5975 SUPPLEMENTAL PRELIMINARY TITLE REPORT FOR ISSUING TITLE INSURANCE Date Prepared: July 29, 1999 Oregon Title Insurance Company 10220 SW Greenburg Rd. #520 Portland, OR 97223 Attn: Tracie B. Turnbaugh Reference: ORDER NO 212123w PARTY REF: KEEFER/CITY OF TIGARD PROP ADDR: 12770 SW Ash Avenue Tigard, OR 97223 OTHER REF: OREGON TITLE INSURANCE COMPANY is prepared to issue title insurance, insuring title of the land shown on Schedule A, subject to the exceptions shown on Schedule B. The proposed policy or policies and indorsements are shown on Schedule A. Issuance of the policy or policies is conditioned on payment of the full premiums, and on recordation of satisfactory instruments establishing the interests of the parties to be insured. This report is based on the condition of title as of the effective date shown on Schedule A. Matters arising after the effective date may affect this report. New exceptions will appear for matters arising through the proposed transaction. Any change in the amount of insurance or type of coverage may cause the premium to change. This report is for the exclusive use of the principals to the contemplated transaction, and the company does not have any liability to any third parties. Until all necessary documents are placed of record, the company reserves the right to cancel, amend or supplement this preliminary title report for any reason. Any questions concerning this preliminary title report may be directed to: Tracie B. Turnbaugh SCHEDULE A, Page No. 1 Order No. 212123w 1. The effective date of this preliminary title report is 5:00 P.M. on July 26, 1999 2. The policies and indorsements to be issued and the related charges are: Policy/Indorsement Description Charge ALTA Standard Owner's for $158,000.00 605.00 ALTA Extended Lender's for $142,200.00 191.88 Lender Indors.452(100);59(116);83.1(8.1) 50.00 Government Service Fee 20.00 3. Fee simple interest in the land described in this report is owned, at the effective date, by: MARION CLARA KEEFER 4. The land referred to in this report is described as follows: That part of Lot or Tract 5, according to the duly filed plat of BURNHAM TRACTS, in the City of Tigard, filed October 29, 1906, in Plat Book 12, Page 29, Records of the County of Washington and State of Oregon BEGINNING at the most Westerly corner of tract conveyed to Claude H. Embree and Grace Embree, husband and wife, by Deed recorded in Book 265, Page 651, Deed Records of Washington County, Oregon, said point being on the Southeasterly line of Ash Street and South 420 05' West 150.0 feet from the intersection of said Southeasterly line with the Southwesterly line of Burnham Avenue; thence South 450 46' East along the Southwesterly line of said Embree Tract 100.00 feet to the most Southerly corner thereof; thence South 420 05' West 100.00 feet; thence North 450 46' West 100.00 feet to the said Southeasterly line of said Ash Street and thence North 420 05' East 100.00 feet to the place of beginning. Order No. 212123w Effective Date: 5:00 P.M. on July 26, 1999 SCHEDULE B, Page No. 1 Except for the items properly 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 notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest, 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 easement or encumbrances, not shown by the public records; unpatented mining claims; 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 taxes, worker'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. 6. Taxes for the fiscal year 1999-00, a lien in an amount yet to be determined, but not yet payable. 7. Municipal liens, if any, imposed by the City of Tigard. NOTE: An inquiry has been directed to the City Clerk, and subsequent advice will follow concerning the actual status of such liens. No search has been made or will be made for water, sewer or storm drainage charges unless the City claims them as liens and reflects them on its lien docket on or before the date of closing. Buyers should check with the appropriate City bureau or water and sewer district and obtain a final reading. Such charges are not adjusted in escrow. (None as of January 14, 1999.) 8. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. (Continued) SCHEDULE B, Page No. 2 Exceptions, Continued Order No.: 212123w NOTE: Taxes for 1998-99, paid in full. Original Amount $642.45 Tax Amount $642.45 Code No. 023.74 Key No. R462261 Map No. 2S12AD-02900 Michelle L. Hoke, Title Officer AAS/ACM/kjf/kla CC: O'Donnell Ramis Crew Corrigan Attn: Dominic G. Colletta City of Tigard Marion W. Keefer P POh 3 I O O 0 . 2 6AC. a s> l r1 , • e IV ~ 9 a5 ~ 2 3 200 1601 ~o s r .31AC C3/Ac. 0 ~ 2- 1J i 1 0*3 `91 y° i m 1501 X 384 1600 1800 .26Ac. /.42 Ac. 0 o s, / 1700 00 yea ~C sF / ~ o° .39Ac. ~ ~ c„~ 3 -71 / d P SEE MAP 2S 12AC rr~~ 2800 ~J p ti~ CI/ ` p1 \ya 2700 , , " To 4OAc. °o 900 3 y, ti5 2400 d 3' / m / .83 Ac. e ~ 3000 %l/ ` 3.15 Ac 4p ° s s s' S~ tip ° p@c9^ i~ shy 2200 i3 a a I Ac. s 4 1 moo/ / Jr~~~lr r p Qp7i p 9 ~ 9J~~ tiF ~p THIS MAP IS PROVIDED AS A COURTESY OF OREGON TITLE INSURANCE COMPANY ,yam, This map is made solely for the purpose of assisting in locating said premises, and the Company assumes no liability for variations, if any, in dimensions, areas, and locations ascertained by actual survey.