2006-138850 ~ 13001 SW Bull Mountain Road
Washington County, Oregon 2006-138850
-2/2006 04:49:31 PM
Cnt=2 Stn=8 C PFEIFER
5....,00 $5.00 $6.00 $11.00 - Total = $52.00
01041354200601388500060066
RECORDING REQUESTED BY I, Richard Hobernicht, Director of Assessment and r ~
V Taxation and Ex-Olficio County Clerk for Washington .y >;t
AND WHEN RECORDED MAIL TO: County, Oregon, do hereby certify that the within ~a
instrument of writing was received and recorded in theL
book of records of said cou
City of Tigard Richard Hobernicht, Director of Assessment and
Attn: City Recorder Taxation, Ex-Offlcio County Clerk z
13125 SW Hall Blvd
\ Tigard, OR 97223
DECLARATION OF COVENANTS, CONDITIONS
AND
RESTRICTIONS
This DECLAMATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS ("Declaration") is dated this j'-L day of November, 2006, by and
among C. ELIZABETH PRICE and LEE GODDARD SQUIER, Trustees of the
'W Survivor's Trust and Residuary Trust under the Price Family Living Trust dated
i November 4, 1984 (collectively, "Price") and THE CITY OF TIGARD, an Oregon
1~- municipal corporation ("City") with reference to the following facts:
O RECITALS
V A. Price and the City are parties to that certain Purchase and Sale
Agreement dated May 14, 2006, as amended ("Agreement"), wherein Price sold to the
City that certain real property in Washington County, Oregon consisting of
approximately 2.67 acres and legally described as Parcel 2 of Partition Plat No. 2000-
086, Washington County, Oregon (the "Property").
B. In order to restrict the use and development of the Property for the
construction, maintenance, repair and replacement of an underground water storage
reservoir and for a public park, Price desires to record this Declaration against the
Property in accordance with the terms and conditions set forth in this Declaration in order
to benefit the property legally described as Parcel I of Partition Plat No. 2000-086,
Washington County, Oregon (the "Benefited Parcel") and the current and future owners
of the Benefited Parcel (collectively, the "Benefited Owners"). The City desires to
consent to the recording of this Declaration as an encumbrance upon the Property.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Price, the Benefited Owners, and the City hereby
establish, create and impose, as applicable, the covenants, conditions, easements, and
restrictions upon the Property as herein set forth, which shall be binding upon the City
[ and any and all subsequent owners of the Property.
1. Development: Permitted Uses.
1.1 Development of Property. The development of the Property shall
be restricted to the following: (a) construction, maintenance, repair and replacement of
an underground water storage reservoir, including the storage and recover of water from
the aquifer beneath the Property; and (b) public park facilities. All buildings and other
improvements constructed upon the Property shall be done so for the foregoing purposes
in accordance with all Applicable Laws. Buildings may be constructed or located only
within Building Areas as depicted on Exhibit "A" attached hereto or as provided for in
the Agreement.
1.2 Permitted Uses of Property. The following shall be the sole
permitted uses of the Property:
1.2.1 Underground Storage Reservoir. The Property may
be used for underground water storage reservoir purposes, including the storage and
recover of water from the aquifer beneath the Property. Water system improvements
shall consist only of an approximately three million gallon underground reservoir along
with an associated inlet and outlet piping system. The City may also construct a well and
a well house for aquifer storage and recovery purposes. The City shall be solely
responsible for properly maintaining all underground storage and well facilities on the
Property.
12.2 Park Facilities. The Property may be used for
public park purposes. Park improvements will consist of covered picnic table and bench
facility, restrooms with locks that will be locked during normal park operation hours (i.e.,
from dawn to dusk), swings and/or other play structures for children, walking and/or
biking trails, and low level lighting. The park will have only the vehicle parking required
by the Americans with Disabilities Act. The City shall be solely responsible for properly
maintaining all park facilities on the Property.
1.2.3 Other Uses. The Property may be used for other
incidental and accessory uses only as they directly relate to the above permitted uses.
The Property shall not be used for other purposes without the prior written consent of the
Benefited Owners.
2. General.
2.1 Termination. No termination, extension, modification, or
amendment will be affective until a written instrument setting forth its terms has been
executed by all parties, including the Benefited Owners, acknowledged and recorded in
the office of the recorder in Washington County.
2.2 Entire Agreement. This Declaration contains the entire agreement
between the parties hereto and supersedes all prior agreements, oral or written, with
respect to the subject matter hereof. The provisions of this Declaration shall be construed
as a whole and not strictly for or against any party.
2.3 Recordation. This Declaration shall be recorded in the office of
the recorder in Washington County.
2.4 Governing Law. This Declaration shall be construed and
I
interpreted in accordance with the laws of the State of Oregon.
2.5 Enforcement. The Benefited Owners shall have the right to
enforce all of the foregoing covenants, conditions and restrictions by any proceeding at
law or in equity, including but not limited to by injunction. Failure to enforce any
covenant, condition, or restriction herein contained shall in no event be deemed a waiver
of their right to do so thereafter. In the event suit or action is commenced to enforce the
terms and provisions of this Declaration, the prevailing party shall be entitled to its actual
administrative costs incurred because of a matter or event that is the subject of the suit or
action, attorney fees and costs in such suit or action to be fixed by the trial court, and in
the event of an appeal, the cost of the appeal, together with reasonable attorney fees, to be
set by the appellate court.
2.6 Severability. Invalidation of any one of these covenants,
conditions, or restrictions by judgment or court order shall not affect the other provisions
hereof and the same shall remain in full force and effect.
2.7 Duration. The covenants, conditions, and restrictions of this
Declaration shall run with and bind the Property perpetually, provided, however, that if
any of the provisions of this Declaration would violate the rule against perpetuities or any
other limitation on the duration of the provisions herein contained imposed by law, then
such provision shall be deemed to remain in effect only for the maximum period
permitted by law.
2.8 Amendment. This Declaration may be amended at any time by an
instrument approved the City and/or its successors in interest and by the Benefited
Owners. Any amendment must be executed and recorded in the deed records of
Washington County, Oregon.
IN WITNESS WHEREOF, the undersigned have executed this Declaration as of
the day and year first above written.
PRICE CITY
p THE CITY OF TIGARD, an Oregon
By: (.e . pl--~-C_ municipal co ation
C. Eliza th Price, Trustee of the
Residuary Trust and the Survivor's
Trust under Price Family Living By:
Trust dated November 4, 1984 Printed Name t C ~1 C (7>15
Title' ;:)(2C,p r
By:
Lee Goddard Squier, rustee of the
Residuary Trust and the Survivor's
Trust under Price Family Living
Trust dated November 4, 1984
ACCEPTED AND AGREED BY THE
BENEFITED OWNERS:
Ki Knudeson
Rebecca Knudeson
STATE OF OREGON )
ss.
County of `
Ct~uCTh instrument was acknowledged before me November 2006, by
as of the City of Tigard, an
Oregon unicipal corporation.~ -C
SEAL
KAREN L Fd1Bl®
NOTARY FUSLJC-OREGON Notary Public for Oregon
COMMISSION NO. 405222
MY COMMISSION EYPIRES MAY 27, 2010 My commission expires
Accepted on behalf of the City of Tigard this day of
2006.
City €iginee WwAyw
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me November 17 , 2006, by C.
Elizabeth Price, Trustee of the Residuary Trust and the Survivor's Trust under Price
Family Living Trust dated November 4, 1984.
Notary Public for Oregon /
I OFFICIAL i&" L. T My commission expires
ROBERT T. HUS``
NOTARY PUBLIC-OREGON
COMMISSION Nu. 384526 1
MY COMMISSION EXPIRES OCTOBER 22, 2008
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me November 17 , 2006, by Lee.
Goddard Squier, Trustee of the Residuary Trust and the Survivor's Trust under Price
Family Living Trust dated November 4, 1984.
OFFIaAL SEAL 1Notar Public for Ore on
ROBERT T HUSION ~ Y g
m . NOTARY PUBLIC-OREGON n My commission expires l G'~~
' COMMISSION NO. 384526 qqE
COMMISSION EXPIRES OCTOBER 22, 2008 k
STATE OF OREGON )
) ss.
County 01w) )
This instrument was acknowledged before me November - , 2006, by Kim
Knudeson and Rebecca Knudeson.
Notary Public for Oregon
GMC'A'_ SEAL My commission expires ! Z z_A-ee)g
ROBERT T HUSTON
NOTARY PUBLIC-OREGON
COMMISSION NO. 384526
RY SUfdiivllSSD`+i EXPIRES OCTOBER 22, 2006
TRLE POINT OF OEGINNING SECTION 9 TOwIt911P 2 SCUTH• RANCE I
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TICOR TI) INSURANCE COMPANY
Washington Square Branch
10220 SW Greenburg Road, Suite 150 • Portland OR 97223
(503) 219-2161 • FAX: (503) 892-6571
October 25, 2006
City Manager
City Of Tigard
13125 SW All Blvd.
Tigard OR 97223
Order Number: 873322
Regarding: Price Family Living Trust Dated November 4, 1984
to City Of Tigard
Property Address: 13001 SW Bull Mountain Rd
Tigard, OR 97224
County: Washington
Enclosed please find a Supplemental Preliminary Title Report for the above referenced transaction.
This report has been issued to reflect the following changes:
• Please see attached report.
We thank you for giving us the opportunity to be of service to you. Please contact me at the phone
number above with any questions you may have regarding this report.
Sincerely,
TICOR TITLE INSURANCE COMPANY
Karen Fabio
Escrow Officer
Copies Sent To:
J TICOR TI7 INSURANCE COMPANY
PRELIMINARY TITLE REPORT SUPPLEMENT 1
Washington Square Branch
10220 SW Greenburg Road, Suite 150 • Portland OR 97223
(503) 219-2161 • FAX: (503) 892-6571
October 25, 2006
Order Number: 873322
Regarding: Price Family Living Trust Dated November 4, 1984 to City Of Tigard
Property Address: 13001 SW Bull Mountain Rd
Tigard, OR 97224
County: Washington
Title Officer: Kathie Healy Escrow Officer: Karen Fabio
Karen. Fabio@TicorTitle.com
Can be reached at. (503) 219-2161
PROPOSED POLICY INFORMATION:
Policy Number: 873322 Policy Liability: $1,200,000.00
Issue Date: Premium: $2,400.00
Issue Time: Policy Type: Owner's Standard Policy
Endorsements
Govt Service Fee: $50.00
DATED AS OF: October 19, 2006, 8:00 am
VESTING:
C. ELIZABETH PRICE AND LEE GODDARD SQUIER, AS TRUSTEES OF SURVIVOR'S
TRUST of the PRICE FAMILY LIVING TRUST, DATED NOVEMBER 4, 1984 AND C.
ELIZABETH PRICE AND LEE GODDARD SQUIER, AS TRUSTEES OF RESIDUARY TRUST
UNDER PRICE FAMILY LIVING TRUST DATED NOVEMBER 4, 1984
LEGAL DESCRIPTION:
Parcel(s) 2, PARTITION PLAT 2000-086, in the City of Tigard, County of Washington, State of
Oregon.
PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP02A) 1
A. The Standard Policy exceptions and the following Special exceptions shall appear on the
final 1992 ALTA policy unless removed prior to issuance:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records: reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished,
imposed by law and not shown by the public records.
6. Easement, as shown on recorded plat, including the terms and provisions thereof,
From: Celia Elizabeth Price
To: Tigard-Tualatin School District 23J
Recorded Date: February 27, 1998
Recording Number: 98019105
For: 20 foot Sanitary Sewer
Affects: See plat for exact location
Plat Name/Number: Partition Plat 2000-086
7. Easement, as shown on recorded plat, including the terms and provisions thereof,
For: 15' Private Sanitary Sewer and 20 foot Sanitary Sewer
Affects: See plat for exact location
8. Plat restrictions, including the terms and provisions thereof, as shown on the recorded plat.
Partition Plat No: 2000-086
B. We also find the following assessments, city liens, judgments and monetary liens:
1. Property taxes UNPAID
Tax Year: 2006-07
Tax Amount: $5,608.61
Tax Acct Number: R2100601, 2S 1 9AC-02500, Code 023.74
2. Tigard city lien(s), if any. None shown as of October 19, 2006.
3. A real property transfer tax will be imposed at the rate of $1.00 per $1000.00 or fraction thereof
of the selling price based upon the provisions of Washington County Ordinance No. 289,
effective May 3, 1984.
4. The terms of the trust agreement under which the vestee herein holds title. Pursuant to ORS
Chapter 130 a Certification of Trust must be submitted prior to closing or, alternatively, a copy of
the trust agreement must be furnished for approval prior to closing.
Affects: Survivors Trust of the Price Family Living Trust
5. The terms of the trust agreement under which the vestee herein holds title. Pursuant to ORS
Chapter 130 a Certification of Trust must be submitted prior to closing or, alternatively, a copy of
the trust agreement must be furnished for approval prior to closing.
Affects: Price Residuary Trut
PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP02A) 2
Additional Requirements / Notes:
a. NOTE: We find no conveyances have been recorded affecting this property in the last 24
months, except:
None
b. A search of the records discloses no judgments of record against the parties herein named as of
the date hereof:
City Of Tigard
This report is preliminary to the issuance of a policy of title insurance and shall become null and void
unless a policy is issued and the full premium is paid.
PRELIMINARY TITLE REPORT SUPPLEMENT 1 (REP02A) 3
J TICOR TI7, _ INSURANCE COMPANY
POLICY
TITLE PLANT
1629 SW Salmon • Portland OR 97205
(503) 224-0550 • FAX: (503) 219-2212
City Of Tigard, an Oregon Municipal Corporation
13125 SW Hall Blvd
Tigard OR 97223
Order Number: 873322
Regarding: Survivor's Trust of The Price Family Living Trust
dated November 4, 1984 to City Of Tigard, an
Oregon Municipal Corporation
Property Address: 13001 SW Bull Mountain Rd
Tigard, OR 97224
County: Washington
Thank you for choosing Ticor Title Insurance to provide your title insurance. Attached is your title
insurance policy.
We are happy to offer you not only good service and a friendly staff, but also an additional savings of up
to 25% if the property is sold or refinanced within the next three years.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
TICOR TITLE INSURANCE COMPANY
Kathie Healy
Title Officer
Exclusions from
Coverage
The following matters are expressly excluded from the coverage of this 3. Defects, liens, encumbrances, adverse claims or other matters:
policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of: (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
1. (a) Any law, ordinance or governmental regulation (including but not of Policy, but known to the insured claimant and not disclosed in
limited to building and zoning laws, ordinances or regulations) writing to the Company by the insured claimant prior to the date the
restricting, regulating, prohibiting or relating to (i) the occupancy, use insured claimant became an insured under this policy;
or enjoyment of the land; (ii) the character, dimensions or location (c) resulting in no loss or damage to the insured claimant;
of any improvement now or hereafter erected on the land; (iii) a (d) attaching or created subsequent to Date of Policy; or
separation in ownership or a change in the dimensions or area of (e) resulting in loss or damage which would not have been sustained
the land or any parcel of which the land is or was a part; or (iv) if the insured claimant had paid value for the estate or interest insured
environmental protection, or the effect of any violation of these laws, by this policy.
ordinances or governmental regulations, except to the extent that
a notice of the enforcement thereof or a notice of a defect, lien, or 4. Any claim, which arises out of the transaction vesting in the insured the
encumbrance resulting from a violation or alleged violation affecting estate or interest insured by this policy, by reason of the operation of federal
the land has been recorded in the public records at Date of Policy. bankruptcy, state insolvency, or similar creditors' rights laws, that is based
(b) Any governmental police power not excluded by (a) above, except on;
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 (i) the transaction creating the estate or interest insured by this policy
violation affecting the land has been recorded in the public records being deemed a fraudulent conveyance or fraudulent transfer; or
at Date of Policy. (ii) the transaction creating the estate or interest insured by this policy
being deemed a preferential transfer except where the preferential
2. Rights of eminent domain unless notice of the exercise thereof has been transfer results from the failure:
recorded in the public records at Date of Policy, but not excluding from (a) to timely record the instrument of transfer; or
coverage any taking which has occurred prior to Date of Policy which would (b) of such recordation to impart notice to a purchaser for value
be binding on the rights of a purchaser for value without knowledge. or a judgment or lien creditor.
Conditions and
Stipulations
1. DEFINITION OF TERMS 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The following terms when used in this policy mean: The insured shall notify the Company promptly in writing (i) in case of any
(a) "insured": the insured named in Schedule A, and, subject to any rights litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
or defenses the Company would have had against the named insured, those an insured hereunder of any claim of title or interest which is adverse to the
who succeed to the interest of the named insured by operation of law as title to the estate or interest, as insured, and which might cause loss or dam-
distinguished from purchase including, but not limited to, heirs, distributees, age for which the Company may be liable by virtue of this policy, or (iii) if title to
devisees, survivors, personal representatives, next of kin, or corporate or the estate or interest, as insured, is rejected as unmarketable. If prompt notice
fiduciary successors. shall not be given to the Company, then as to the insured all liability of the
(b) "insured claimant": an insured claiming loss or damage. Company shall terminate with regard to the matter or matters for which prompt
(c) "knowledge" or "known": actual knowledge, not constructive knowl- notice is required; provided, however, that failure to notify the Company shall
edge or notice which may be imputed to an insured by reason of the public in no case prejudice the rights of any insured under this policy unless the
records as defined in this policy or any other records which impart construc- Company shall be prejudiced by the failure and then only to the extent of the
tive notice of matters affecting the land. prejudice.
(d) "land": the land described or referred to in Schedule A, or in Schedule 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
C if not provided for in Schedule A, and improvements affixed thereto which CLAIMANT TO COOPERATE
by law constitute real property. The term "land" does not include any property (a) Upon written request by the insured and subject to the options con-
beyond the lines of the area described or referred to in the applicable tained in Section 6 of these Conditions and Stipulations, the Company, at its
Schedule, nor any right, title, interest, estate or easement in abutting streets, own cost and without unreasonable delay, shall provide for the defense of an
roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall insured in litigation in which any third modify or limit the extent to which a right of access to and from the land is Y party asserts a claim adverse the title
or interest as insured, but only as to those stated causes of action alleging a
insured by this policy. defect, lien or encumbrance or other matter insured against by this policy. The
(e) "mortgage": mortgage, deed of trust, trust deed, or other security Company shall have the right to select counsel of its choice (subject to the
instrument. right of the insured to object for reasonable cause) to represent the insured as
(f) "public records": records established under state statutes at Date of to those stated causes of action and shall not be liable for and will not pay the
Policy for the purpose of imparting constructive notice of matters relating to fees of ar, other counsel. The Company will not pay any fees, costs or
real property to purchasers for value and without knowledge. With respect to expenses incurred by the insured in the defense of those causes of action
Section 1(axiv) of the Exclusions From Coverage, "public records" shall also which allege matters not insured against by this policy
include environmental protection liens filed in the records of the clerk of the (b) The Company shall have the right, at its own cost, to institute and
United States district court for the district in which the land is located. prosecute any action or proceeding or to do any other act which in its opinion
(g) "unmarketability of the title": an alleged or apparent matter affecting may be necessary or desirable to establish the title to the estate or interest, as
the title to the land, not excluded or excepted from coverage, which would insured, or to prevent or reduce loss or damage to the insured. The Company
entitle a purchaser of the estate or interest described in Schedule A to be may take any appropriate action under the terms of this policy, whether or not
released from the obligation to purchase by virtue of a contractual condition it shall be liable hereunder, and shall not thereby concede liability or waive any
requiring the delivery of marketable title. provision of this policy. If the Company shall exercise its rights under this
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE paragraph. it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
The coverage of this policy shall continue in force as of Date of Policy in defense as required or permitted by the provisions of this policy, the Company
favor of an insured only so long as the insured retains an estate or interest in may pursue any litigation to final determination by a court of competent juris-
the land, or holds an indebtedness secured by a purchase money mortgage diction and expressly reserves the right, in its sole discretion, to appeal from
given by a purchaser from the insured, or only so long as the insured shall any adverse judgment or order.
have liability by reason of covenants of warranty made by the insured in any (d) In all cases where this policy permits or requires the Company to prose-
transfer or conveyance of the estate or interest. This policy shall not continue cute or provide for the defense of any action or proceeding, the insured shall
in force in favor of any purchaser from the insured of either (i) an estate or secure to the Company the right to so prosecute or provide defense in the
interest in the land, or (ii) an indebtedness secured by a purchase money action or proceeding, and all appeals therein, and permit the Company to
mortgage given to the insured. use, at its option, the name of the insured for this'purpose. Whenever
TICOR TITLE INSURANCE
Policy of Title Insurance
American Land SUBJECT TO THE EXCLUSIONS FROM 2. Any defect in or lien or encumbrance on the
Title Association COVERAGE, THE EXCEPTIONS FROM title;
Owner's Policy COVERAGE CONTAINED IN SCHEDULE B 3. Unmarketability of the title.
(10-17-92) AND THE CONDITIONS AND STIPULA- 4. Lack of a right of access to and from the
TIONS, TICOR TITLE INSURANCE COM- land.
PANY, a California corporation, herein called The Company will also pay the costs,
the Company, insures, as of Date of Policy attorneys' fees and expenses incurred in
shown in Schedule A, against loss or damage, defense of the title, as insured, but only to the
not exceeding the amount of insurance stated extent provided in the Conditions and
in Schedule A, sustained or incurred by the
insured by reason of: Stipulations.
This policy shall not be valid or binding untie
1. Title to the estate or interest described in countersigned below by an authorized signa-
Schedule A being vested other than as tory of the Company.
stated therein;
Issued by:
TICOR TITLE INSURANCE COMPANY
1629 S.W. SALMON STREET TICOR TITLE INSURANCE COMPANY
PORTLAND, OR 97205-1787
By:
(503) 224-0550
FAX (503) 219 12~' President
ATTEST
Secretary
Authorized . Signatory
J Vie' x,1' rs ~di,' PL il(~I riY r eC .il.~ Yr+a ';~I~~' Cya a ';ylj a,J Jiu~.)7 t d i.i31'>k YNStiI'71Wi
® •F a.+" .ate.' z
Leo,
Reorder I iorm 'n. 93 ALTA Owners Policy (10-17-92)
requested by the Company, the insured, at the Company's expense, shall give 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro- This policy is a contract of indemnity against actual monetary loss or dam-
ceeding, or effecting settlement, and (ii) in any other lawful act which in the age sustained or incurred by the insured claimant who has suffered loss or
opinion of the Company may be necessary or desirable to establish the title to damage by reason of matters insured against by this policy and only to the
the estate or interest as insured. If the Company is prejudiced by the failure of extent herein described.
the insured to furnish the required cooperation, the Company's obligations to (a) The liability of the Company under this policy shall not exceed the least
the insured under the policy shall terminate, including any liability or obliga- of:
tion to defend, prosecute, or continue any litigation, with regard to the matter (i) the Amount of Insurance stated in Schedule A; or,
or matters requiring such cooperation. (ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
5. PROOF OF LOSS OR DAMAGE lien or encumbrance insured against by this policy.
In addition to and after the notices required under Section 3 of these Condi- (b) In the event the Amount of Insurance stated in Schedule A at the Date of
tions and Stipulations have been provided the Company, a proof of loss or Policy is less than 80 percent of the value of the insured estate or interest or
damage signed and sworn to by the insured claimant shall be furnished to the the full consideration paid for the land, whichever is less, or if subsequent to
Company within 90 days after the insured claimant shall ascertain the facts the Date of Policy an improvement is erected on the land which increases the
giving rise to the loss or damage. The proof of loss or damage shall describe value of the insured estate or interest by at least 20 percent over the Amount of
the defect in, or lien or encumbrance on the title, or other matter insured Insurance stated in Schedule A, then this Policy is subject to the following:
against by this policy which constitutes the basis of loss or damage and shall (i) where no subsequent improvement has been made, as to any partial
state, to the extent possible, the basis of calculating the amount of the loss or loss, the Company shall only pay the loss pro rata in the proportion that the
damage. If the Company is prejudiced by the failure of the insured claimant to amount of insurance at Date of Policy bears to the total value of the insured
provide the required proof of loss or damage, the Company's obligations to estate or interest at Date of Policy; or
the insured under the policy shall terminate, including any liability or obliga- (ii) where a subsequent improvement has been made, as to any partial
tion to defend, prosecute, or continue any litigation, with regard to the matter loss, the Company shall only pay the loss pro rata in the proportion that 120
or matters requiring such proof of loss or damage. percent of the Amount of Insurance stated in Schedule A bears to the sum of
In addition, the insured claimant may reasonably be required to submit to the Amount of Insurance stated in Schedule A and the amount expended for
examination under oath by any authorized representative of the Company the improvement.
and shall produce for examination, inspection and copying, at such reason- The provisions of this paragraph shall not apply to costs, attorneys' fees
able times and places as may be designated by any authorized representative and expenses for which the Company is liable under this policy, and shall only
of the Company, all records, books, ledgers, checks, correspondence and apply to that portion of any loss which exceeds, in the aggregate, 10 percent of
memoranda, whether bearing a date before or after Date of Policy, which the Amount of Insurance stated in Schedule A.
reasonably pertain to the loss or damage. Further, if requested by any autho- (c) The Company will pay only those costs, attorneys' fees and expenses
rized representative of the Company, the insured claimant shall grant its incurred in accordance with Section 4 of these Conditions and Stipulations.
permission, in writing, for any authorized representative of the Company to 8• APPORTIONMENT
examine, inspect and copy all records, books, ledgers, checks, correspon- If the land described in applicable Schedule consists of two or more parcels
dence and memoranda in the custody or control of a third party, which reason- which are not used as a single site, and a loss is established affecting one
ably pertain to the loss or damage. All information designated as confidential or more of the parcels but not all, the loss shall be computed and settled
by the insured claimant provided to the Company pursuant to this Section on a pro rata basis as if the amount of insurance under this policy was divided
shall not be disclosed to others unless, in the reasonable judgment of the pro rata as to the value on Date of Policy of each separate parcel to the whole,
Company, it is necessary in the administration of the claim. Failure of the exclusive of any improvements made subsequent to Date of Policy, unless
insured claimant to submit for examination under oath, produce other reason- a liability or value has otherwise been agreed upon as to each parcel by the
ably requested information or grant permission to secure reasonably neces- Company and the insured at the time of the issuance of this policy and shown
sary information from third parties as required in this paragraph shall termi- by an express statement or by an endorsement attached to this policy,
nate any liability of the Company under this policy as to that claim. 9, LIMITATION OF LIABILITY
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION (a) If the Company establishes the title, or removes the alleged defect, lien
OF LIABILITY or encumbrance, or cures the lack of a right of access to or from the land, or
In case of a claim under this policy, the Company shall have the following cures the claim of unmarketability of title, all as insured, in a reasonably
additional options: diligent manner by any method, including litigation and the completion of any
(a) To Pay or Tender Payment of the Amount of Insurance. appeals therefrom, it shall have fully performed its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby.
To pay or tender payment of the amount of insurance under this policy
(b)
together with any costs, attorneys' fees and expenses incurred by the insured In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
claimant, which were authorized by the Company, up to the time of payment or age until there has been a final determination by a court of competent jurisdic-
tender of payment and which the Company is obligated to pay. tion, and disposition of all appeals therefrom, adverse to the title as insured.
Upon the exercise by the Company of this option, all liability and obligations (c) The Company shall not be liable for loss or damage to any insured for
to the insured under this policy, other than to make the payment required, shall liability voluntarily assumed by the insured in settling any claim or suit without
terminate, including any liability or obligation to defend, prosecute, or con- the prior written consent of the Company.
tinue any litigation, and the policy shall be surrendered to the Company for 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
cancellation. LIABILITY
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant. All payments under this policy, except payments made for costs, attorneys'
(i) to pay or otherwise settle with other parties for or in the name of an fees and expenses, shall reduce the amount of the insurance pro tanto.
11 LIABILITY NONCUMULATIVE
insured claimant any claim insured against underthis policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which It is expressly understood that the amount of insurance under this policy
were authorized by the Company up to the time of payment and which the shall be reduced by any amount the Company may pay under any policy
Company is obligated to pay; or insuring a mortgage to which exception is taken in Schedule B or to which the
(ii) to pay or otherwise settle with the insured claimant the loss or damage insured has agreed, assumed, or taken subject, or which is hereafter ex-
provided for under this policy, together with any costs, attorneys' fees and ecuted by an insured and which is a charge or lien on the estate or interest
expenses incurred by the insured claimant which were authorized by the described or referred to in Schedule A, and the amount so paid shall be
Company up to the time of payment and which the Company is obligated to deemed a payment under this policy to the insured owner.
pay. 12. PAYMENT OF LOSS
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this (a) No payment shall be made without producing this policy for endorse-
policy for the claimed loss or damage, other than the payments required to be ment of the payment unless the policy has been lost or destroyed, in which
made, shall terminate, including any liability or obligation to defend, prose- case proof of loss or destruction shall be furnished to the satisfaction of the
cute or continue any litigation. Company.
it
(b) When liability and the extent of loss or damage has been definitely fixed arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
in accordance with these Conditions and Stipulations, the loss or damage be arbitrated at the option of either the Company or the insured. All arbitrable
shall be payable within 30 days thereafter. matters when the Amount of Insurance is in excess of $1,DOO,000 shall be
13. SUBROGATION UPON PAYMENT OR SETTLEMENT arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to this policy and under the Rules in effect on the date the
(a) The Company's Right of Subrogation. demand for arbitration is made or, at the option of the insured, the Rules in
Whenever the Company shall have settled and paid a claim under this effect at Date of Policy shall be binding upon the parties. The award may
policy, all right of subrogation shall vest in the Company unaffected by any act include attorneys' fees only if the laws of the state in which the land is located
of the insured claimant. permit a court to award attorneys' fees to a prevailing party. Judgment upon
The Company shall be subrogated to and be entitled to all rights and the award rendered by the Arbitrator(s) may be entered in any court having
remedies which the insured claimant would have had against any person or jurisdiction thereof.
property in respect to the claim had this policy not been issued. If requested by The law of the situs of the land shall apply to an arbitration under the Title
the Company, the insured claimant shall transfer to the Company all rights Insurance Arbitration Rules.
and remedies against any person or property necessary in order to perfect A copy of the Rules may be obtained from the Company upon request.
this right of subrogation. The insured claimant shall permit the Company to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
sue, compromise or settle in the name of the insured claimant and to use the -
name of the insured claimant in any transaction or litigation involving these (a) This policy together with all endorsements, if any, attached hereto by the
rights or remedies. Company is the entire policy and contract between the insured and the Com-
If a payment on account of a claim does not fully cover the loss of the pany. In interpreting any provision of this policy, this policy shall be construed
insured claimant, the Company shall be subrogated to these rights and reme- as a whole.
dies in the proportion which the Company's payment bears to the whole (b) Any claim of loss or damage, whether or not based on negligence, and
amount of the loss. which arises out of the status of the title to the estate or interest covered
If loss should result from any act of the insured claimant, as stated above, hereby or by any action asserting such claim, shall be restricted to this policy.
that act shall not void this policy, but the Company, in that event, shall be (c) No amendment of or endorsement to this policy can be made except by
required to pay only that part of any losses insured against by this policy which a writing endorsed hereon or attached hereto signed by either the President, a
shall exceed the amount, if any, lost to the Company by reason of the impair- Vice President, the Secretary, an Assistant Secretary, or validating officer or
ment by the insured claimant of the Company's right of subrogation. authorized signatory of the Company.
(b) The Company's Rights Against Non-Insured Obligor. 16. SEVERABILITY
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem- In the event any provision of the policy is held invalid or unenforceable
nities, guaranties, other policies of insurance or bonds, notwithstanding any under applicable law, the policy shall be deemed not to include that provision
terms or conditions contained in those instruments which provide for subroga- and all other provisions shall remain in full force and effect.
tion rights by reason of this policy.
17. NOTICES, WHERE SENT
14. ARBITRATION All notices required to be given the Company and any statement in
Unless prohibited by applicable law, either the Company or the insured may writing required to be furnished the Company shall Include the number
demand arbitration pursuant to the Title Insurance Arbitration Rules of the of this policy and shall be addressed to the Ticor Title Insurance Com-
American Arbitration Association. Arbitrable matters may include, but are not I,am, Nti ,tiomal ( Iaim~ V1111mistration, P.0 Box 4, 02 lack om ille, Flori(i.> ;2_ )2-
limited to, any controversy or claim between the Company and the insured 5il,
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation. All
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SCHEDULE A
Policy Number: 873322 Issue Date: November 22, 2006
Policy Liability: $1,200,000.00 Issue Time: 4:50 PM
Policy Premium (s): Owner's Standard Policy $2,400.00
TOTAL PREMIUM: $2,400.00
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:
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 described as follows:
Parcel(s) 2, PARTITION PLAT 2000-086, in the City of Tigard, County of Washington, State of
Oregon.
1992 ALTA Owners Standard Policy (PT001)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records: reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter fumished,
imposed by law and not shown by the public records.
6. Easement, as shown on recorded plat, including the terms and provisions thereof,
From: Celia Elizabeth Price
To: Tigard-Tualatin School District 23J
Recorded Date: February 27, 1998
Recording Number: 98019105
For: 20 foot Sanitary Sewer
Affects: See plat for exact location
Plat Name/Number: Partition Plat 2000-086
7. Easement, as shown on recorded plat, including the terms and provisions thereof,
For: 15' Private Sanitary Sewer and 20 foot Sanitary Sewer
Affects: See plat for exact location
8. Plat restrictions, including the terms and provisions thereof, as shown on the recorded plat.
Partition Plat No: 2000-086
9. Covenants, Conditions and Restrictions, including the terms and provisions thereof, contained in
document.
Executed By: C. Elizabeth Price and Lee Goddard Squier, Trustees of the Survivor's
Trust and Residuary Trust under the Price Family Living Trust dated
November 4, 1984 and the City of Tigard, an Oregon municipal
corporation
Dated: November 17, 2006
Recorded Date: November 22, 2006
Recording Number: 2006138850
But omitting any covenant or restriction based upon race, color, religion, sex, handicap, familial
status, national origin, sexual orientation, marital status, disability, ancestry or source of income
unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of
the United States Code or (b) relates to handicap but does not discriminate against handicapped
persons and omitting restrictions, if any, based on limitations on facilities authorized under the
provisions of ORS 443.400 to 443.455 (Residential Facilities and Homes) or 443.705 to 443.825
(Adult Foster Homes.)
10. Easement, including the terms and provisions thereof,
From: City of Tigard, an Oregon municipal corporation
To: Kim Knudeson and Rebecca Knudeson, husband and wife
Recorded Date: November 22, 2006
i
1992 ALTA Owners Standard Policy (PT001)
I
Recording Number: 2006138852
For: View
11. Easement, including the terms and provisions thereof,
From: City of Tigard, an Oregon municipal corporation
To: Kim Knudeson and Rebecca Knudeson, husband and wife
Recorded Date: November 22, 2006
Recording Number: 2006138853
For: Ingress and Egress
12. Easement, including the terms and provisions thereof,
From: City of Tigard, an Oregon municipal corporation
To: Kim Knudeson and Rebecca Knudeson, husband and wife
Recorded Date: November 22, 2006
Recording Number: 2006138854
For: Water Service Line
END OF EXCEPTIONS
1992 ALTA Owners Standard Policy (PT001)
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