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2006-100221 & 2006-095151 & 2006-090324 r W Eton County, Oregon 2006-100221 081&,,2006 10:49:58 AM O-DW Crttsl Stn=7 K GRUNEWALD $100.00 $6.00 $11.00 - Total = $117.00 111111 111~ I'll 111~ 1111111111111111111111111111111 00999428200601002210200209 I, Richard Hobemlcht, Director of Assessment and r . Taxation and Ex-Officio County Clerk for Washington 4 O County, Oregon, do hereby certify that the within Instrument of writing was received and recorded In the j book of records of said y. 6 Richard W. Hobemicht, Director of Assessment and 77 Taxation, Ex-Officio County Clerk 1 1 Rerecording to correct (G 50'` Previously recorded as 2 C ~ S 0 a a F U 13 x ti L "V y Washington County, Dragon 2006-095151 08/09/2006 03:34:29 PM (l/ D-DW Cr1to1 SM-7 K GRUNEWALD $65,00 $0.00 $11.00 . Total a $82.00 IllJlllllllllllillllllllll 00994669200 1510130138 I, Richard Hobomlcht, Director of Aswss and Taxation and Ex-Officio County Clerk for Was n County, Oregon, do hereby certify that the within Instrument of writing was received and recorded In the book of records of said soyrTy. d 7 , '..1- Rlchard W Hobemlcht, Director of As naament and Taxation, Exdfflclo County Cleric `o QQ t m v c o Z This Document being re-recorded to correct the legal description. Said document previously recorded as Fee No. 2006-087171 and 2006-090324. P-z-u is.pc~ , "A dnccA-tepL. Washington County, Oregon 2006-090324 07128/2008 03:37:35 PM D•OW CfR■1 Btno4 K BARNETT $45.00 $1.00111.00 - Total o $52.00 IIIIIIIII IIIIIIIIIIIillll 008888352 3240080081 I, Rlthsrd MobemleM, Olrsctor of Aries nd Taaatlon and Es-0Iflcla County Clerk forNhs County, Oregon, do honey certify that the wlthln Instrument of wrldng was rocelved and rocordodin the book ofrecords Maddyty . ~ 7 tl. '..1- /Rd Richard W. HobornIcht, Director ent and Taxation. Es (Ofllj clo County Clark 6 11 Rerecording to correct Previously recorded as 2,06, ~o 1~ d x z Washington County, Oregon 2006-087171 07121/2009 03:25:01 PM MOW Cnt■1 tltrt■22 1 REED $30.00 $0.00 $11.00 $20.00 • Total a $61.00 ` IIIIIIIIIIlIIlIIIIIIII li 00995509 0 0871710060061 F~► aa~ r, p THIS SPACE RESERVE ta`t'.'°N°°.ntioht, aorAssessue.me Was b ~ O Tut UOn and E•A Cwnty Work for WayMShington 2,~/ 4 P e~ Ceurky Or•se Mrobycartltythatthardthln rn•bLm•nl an6 wu "rived and recorded In th .r../ I) o► eroof sold Sgtvyy. n L SI, .F ~04111 tTaxation, EOnlcle County Clerk DIIVCt" Tmt•nd After recording return to: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 Until a change Is requested all tax statements shall be sent to the following address: City of Tigard \ Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 File No,: 7011-660087 (MLY) Date: July 12, 2006 STATUTORY SPECIAL WARRANTY DEED Lisa A. Cach and Joan L. Cach, Co-Trustees of the Cach Family Revocable Trust dated July 1, 2002, an undivided 1/2 interest and Lisa A. Cach and Joan L Cach, Co-Trustees of the Gerald C. Cach Credit Shelter Trust, an undivided 1/2 interest as to Parcels T, II, IV and Joan L Cach r$ as to Parcel III, Grantor, conveys and specially warrants to City of Tigard, Oregon, Grantee, the following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: INA ~O This property Is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, If any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. 2. The use of the property is hereby restricted to the following uses: a city park and a water system. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Page I of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) • continued Date: 07/12/2006 The true consideration for this conveyance is $1,450,000.00: Dated this day of 'jk. Cach Family Revocable Trust Gerald C. C~aych Credit Shelter Trust 727- Lisa A. Cach, Co-Trustee Lisa A. Cach, Co-Trustee an L. Cach, Co-Trustee an L. Cach, Co-Trustee ea 7~"~- C 1'~-r Notary Public STATE OF ~~,I(f 01'1 ) State of Washington U LAURA A. FELIX )SS. MY COMMISSION EXPIRES OCTOBER 23, 2007 County of K115 ) This instrument was acknowledged before me on this J/0- of 200V by Lisa A. Cach and Joan L. Cach as Co-5=5;M=* Notary Public for US &,jwj L My commission expires: STATE OF Notary Public ~)SS. State of Washington County of K, i ✓Lst ) LAURA A. FELIX 1 MY COMMISSION EXPIRES OCTOBER 23. 2U01 This instrument was acknowledged before me on this y of 20_0 by Lisa A. Cach and Joan L. Cach as Co-Trustees of Gerald C. Cach Cerdit Shelte Trust, on behalf of the Trust. Notary Public for 05 Pxcrr k My commission expires: Id., p~ Page 2 of 6 APN: Statutory Special Warranty Deed file No.: 7011.860087 (MLY) . continu /12/7006 Notary Public STATE OF } EState Washington I, )Ss. UR RA A. FELIX County of I /1~ N EXPIRES OCTOBER 23.2007 On this day 20 At personally appeared Lisa A. Cach, Co- Trustee, who being duly sw rn (or affirmed), did say' that he/she is the attorney in fad for Joan L. Cach, Co-Trustee, and that he/she executed the foregoing instrument by authority of and In behalf of said principal; and he/she. acknowledge said instrumen be the and o said principal. g~w Notary Public for My commission expires: /d a3 0~ Page 3 of 6 APN: Stab cry Special Warranty Deed File No.: 7011-860087 (MLY) - contlnued Date: 07/12/2006 EXHIBIT A LEGAL DESCRIPTION: PARCEL I: Beginning at a poi ton the North and South center /Solth Section 5, Townshi South, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees st from South qua r corner of said Section 5, running thence South 9 degrees 49' East and parathe South line of id Section 5, a distance of 1,057.21 feet to a point in center line of a 40.0 footed road, the following center line of said road North 0 degrees 31' ast 277.6 feet, thence focenter Ilne f said road North 4 degrees 12' East 32.4 feet; thence Nort 89 degrees 48' West, over an n pipe on the Westerly line of said road and continuing a total tance of 1,057.72 feiron pi on the aforesaid North and South center line of Section 5, then outh 0 degrees 48310 f to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North an South center Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet No of 0 degreEast from South quarter corner of Section 5; running thence South 89 degrees 49' Ea and parathe South line of Section 5, a distance of 1057.21 feet to a point in center line of a 0 foot d road and the true point of beginning of the tract herein described; thence following ce er Ii a of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 t; thence South 0 degrees 31' West 130 feet, more or less to a point that Is North 89 degrees 49' W of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of begin ng, ashington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North an South center lin of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet rth of 0 degrees 4 East from South quarter corner of Section 5; running thence South 89 degrees 9' East and parallel to a South line of Section 5, a distance of 1057.21 feet to a point In center ine of a 40 foot dedicate ad; thence following center line of said road North 0 degrees 31' East 30 feet to the true point of b inning of the tract herein described; thence continuing North 0 d rees 31' East 130 feet along sai center line; thence North 89 degrees 48' West a distance of 330 fee thence South 0 degrees 31' West 0 feet to a point, thence South 89 degrees 48' East 330 feet o the true point of beginning, Washln on County, Oregon. AND FURTHER EXCE NG THEREFROM that portion described in d recorded July 29, 1998 as Fee No. 98082815, to T City of Tigard, Oregon. PARCEL III: A tract of land i he Southeast quarter of Section 5, Township 2 South, Ra e 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularl described as follows: Page 4 of 6 t r ' APN: Statutory Special Warnpity Deed File No.: 7011460097 (MLY) - continued Date: 07/1212006 Beginning at a point in the cen of a 40 foot dedicated road at the Southeast corner of that tract described In deed to Gerald C. , et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 egrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section comer on he South line of said Section 5; thence North 89 egrees 49' West 20 feet to a point on the Westerly line f said road, said point being the true point of inning; thence North 89 degrees 49' West along the outh line of said Cach tract, 182.0 feet t point; thence North 4 degrees 12' East, 110.0 feet to a poin thence South 89 degrees 49' East, 18 .0 feet to a point on the Westerly line of said road, thence Sout 4 degrees 12' West along said W line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an Iron pipe at the quarter ion corner betwee Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Was ington County, egon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning poin f the tract h eby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 fe West f an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400. feet to point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and a by eed recorded on page 81 of book 147 of the records of deed of Washington County; thence trace t e center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 1 ' est 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an p ng at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 4 W 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following describ portion. Commencing at the Southwest corner of the utheast on quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line said Southeast ne quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel w the South line of Id Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunr a Lane as dedicated the public by dedication deed recorded May 14, 1931 in book 147, page 81, s id book of records, said fight of way being 20.00 feet from the centerline thereof, measured perpen icular thereto; thence No 00 degrees 33' 14" East, along said West right of way Ifne, a distance 278.24 feet to an angle poi therein; thence North 04 degrees 13' 22" East, along said West right of ay line, a distance of 141.83 t to the Northeast corner of that tract of land conveyed to Elton C. Phi cps and Sabrina Jeanne Phillips b warranty deed recorded November 12, 1968 in Book 723, page 7 , said deed records and point being he paint of beginning. Thence from said point of beginning, Nort 89 degrees 49'00" West, along the N rth fine of said Phillips tract a distance of 182.00 feet to a Northwest corner thereof; thence No 05 degrees 03'46" East a distance of 115.66 feet to the Sou west corner of that tract of land conveyed Christopher J. Cach and Sheri L. Cach by special warran deed recorded April 15, 1996 In document no 96-33077, said book of records; thence South 89 degr s 49' 00" East, along the South line of said Chrl opher J. Cach and Sheri L. Cach tract, a distance of 0.30 feet to the West right of way line of S.W. Sun •se Lane; thence South 04 degrees 13' 22" W , along said West right of way line, a distance of 11 53 feet t0 the point of beginning. FURTHER EXCEPTING THEREFROM that portion described In deed from Ge d C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 6033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from laid C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. Page 5 of 6 1 P " APN: StaW" Special Wananty Deed File No.: 7011.660087 (ML1) continued Date: 01/12/2006 ~554R*I, Richard W. Hobernicht, Director of Assessment 55 Apr . andTaxation and Ex-Officio County Clerk for Washington County, do hereby certify this to be' a o true and correct copy of the orighW. • Date: 21 ~-fl ys O r By. couNn.°~~U / 0N Page 60f 6 Preliminary Report Order No.: 7011-860087 Page 5 of 6 Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 est, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter comer of said n 5, running thence South 89 degrees 9' East and parallel to the South line of said Section 5, a ' nce of 1,057.21 feet to a point n center I e of a 40.0 foot dedicated road, thence following cen line of said road North 0 degrees 31i East 277. feet, thence following center line of said road No degrees 12' East 32.4 feet; thence North 89 degr s 48' West, passing over an iron pipe on the W erly line of said road and continuing a total distance o 1,057.72 feet to an iron pipe on the aforesa- North and South center line of Section 5, thence South egrees 48' West 310 feet to the place o inning. EXCEPTING THEREFROM: Beginning at a point on the North and South nter line of Section 5, To ship 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 rees 40' East from So quarter comer of Section 5; running thence South 89 degrees 49' East and arallel to the South " e of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foo dedicated road d the true point of beginning of the tract herein described; thence following center lin of said road orth 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; ence Sou 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of a true Int of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Was g County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South cen r line of ction 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 d rees 40' Ea from South quarter corner of Section 5; running thence South 89 degrees 49' East a parallel to the uth line of Section 5, a distance of 1057.21 feet to a point in center line of a foot dedicated roa • thence following center line of said road North 0 degrees 31' East 130 feet the true point of begin Ing of the tract herein described; thence continuing North 0 degrees 3 East 130 feet along said ce r line; thence North 89 degrees 48' West a distance of 330 feet; then uth 0 degrees 31' West 130 f t to a point; thence South 89 degrees 48' East 330 feet to the ue point of beginning, Washington unty, Oregon. AND FURTHER EXCEPTING EREFROM that portion described in deed r rded July 29, 1998 as Fee No. 98082815, to The Ci of Tigard, Oregon. PARCEL II: Beginning at a int on the North and South center line of Section 5, Township South, Range 1 West of the Willamett eridian, 155 feet North of 0 degrees 40' East from South quarter orner of Section 5; running the ce South 89 degrees 49' East and parallel to the South line of Section , a distance of 1057.21 f et to a point in center line of a 40 foot dedicated road; thence following center line of said road N h 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; then continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' W a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. Ekee p4; I,) 444i4Aem }fie /Go►a . +44e ;-provtrneA4-5 PARCEL III: First American Title ~ w w Preliminary Report Order No.: 7011-860087 Page 6 of 6 A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willam e Meridian, In the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point in the nter of a 40 foot dedicated road at the Southeast corner of that tra described in deed to Gerald . Cach, et ux, in deed book 472, page 544, Washington County d records, said point being No 0 degrees 48' East 465 feet and South 89 degrees 49' East 1, 7.72 feet from the quarter section come on the South line of said Section 5; thence North 89 degre 49' West 20 feet to a point on the Westerly of said road, said point being the true point of beginni g; thence North 89 degrees 49' West along a South line of said Cach tract, 182.0 feet to a point, nce North 4 degrees 12' East, 110.0 feet to a int; thence South 89 degrees 49' East, 182.0 feet a point on the Westerly line of said road, thence uth 4 degrees 12' West along said West line 11 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quart section comer between Section and 8, Township 2 South, Range 1 West of the Willamette Meridian, ashington County, Oregon; nce North 0 degrees 48' East 465 feet to an iron pipe and the beginning int of the tract hereby d bed; thence South 89 degrees 12' East 624.8 feet to a point which point is feet West from an iro pring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 0.3 feet to a point i he center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo a wife by deed r rded on page 81 of book 147 of the records of deed of Washington County; thence t cing the cente of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degree 12' West 2 .9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an p ssing at distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' est 1 7.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portio . Commencing at the Southwest corner of the South on quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said 5 theast ne quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the S th line of id Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lan s dedicated t the public by dedication deed recorded May 14, 1931 in book 147, page 81, said boo of records, said 'ght of way being 20.00 feet from the centerline thereof, measured perpendicular ereto; thence No 00 degrees 33' 14" East, along said West right of way line, a distance of 278. feet to an angle point herein; thence North 04 degrees 13' 22" East, along said West right of way I' e, a distance of 141.83 f to the Northeast corner of that tract of land conveyed to Elton C. Phillips a d Sabrina Jeanne Phillips by rranty deed recorded November 12, 1968 in Book 723, page 730, sa' deed records and point being th point of beginning. Thence from said point of beginning, North 89 egress 49' 00" West, along the No line of said Phillips tract a distance of 182.00 feet .0 the N rthwest comer thereof; thence North 0 degrees 03'46" East a distance of 115.66 feet to the Southw comer of that tract of land conveyed to C stopher J. Cach and Sheri L. Cash by special warranty d recorded April 15, 1996 in document no. 96- 077, said book of records; thence South 89 degrees ' 00" East, along the South line of said Chrlstophe Cash and Sheri L. Cach tract, a distance of 180 0 feet to the West right of way line of S.W. Sunrise La ; thence South 04 degrees 13' 22" We along said West right of way line, a distance of 115.53 fee o the point of beginning. . FURTHER EXC TING THEREFROM that portion described in deed from Gerald C. Lech nd loan L. Cach to Christoph J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FU ER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cacti Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. T. Parcel Number: R482070 and R482089 and R482043 and R482052 r Rrst Amwtan rdk S$OR* I, Richard W. Hoberaicht, Director of Assessment PSS~ cn andTaxation and Ex-Officio County Clerk for '.Washington County, do hereby certify this to be a w o 'true and ocop~of the original u 2 Date o 's~~~.~,.••..•...~ 04~o By. ~r oU~v. V Preliminary Report Order No.: 7011-860087 Page 5 of 7 REVISED Exhibit "A" I Real property in the County of Washington, State of Oregon, described as follows: PARCEL I; Beginning at a point on the Nort and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet N rth of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 9' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center li a of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road North 4 degrees 12' East 32.4 feet; thence North 89 degr es 48' West, passing over an iron pipe on the Westerly line of said road and continuing a total distance o 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thence South degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and So th center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North o 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East d parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 4 foot dedicated road and the true point of beginning of the tract herein described; thence following cent line of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 et; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' We of the try6 point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, ashin on County, Oregon. i` FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South cent e of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 de ees 0' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and arallel o the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40bot dedic ted road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point f beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet alon said center line; thence North 89 degrees 48' West a distance of 330 feet; thence SOLO 0 degrees 31' est 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true p int of beginning, shington County, Oregon. AND FURTHER EXCEPTING THEREF OM that portion describ d in deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tig d, Oregon. PARCEL II: Beginning at a point on th North and South center line of Sectio 5, Township 2 South, Range 1 West of the Willamette Meridian, 55 feet North of 0 degrees 40' East fro South quarter corner of Section 5; running thence South degrees 49' East and parallel to the South ine of Section 5, a distance of 1057.21 feet to a poi in center line of a 40 foot dedicated road; th ce following center line of said road North 0 degree 31' East 130 feet to the true point of beginning f the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center ' e; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington Cou ty, Oregon. EXCEPTING THEREFROM the improvements thereon. first American Tide r Preliminary Report Order No.: 7011-860087 Page 6of7 PARCEL III: A tract of land in the Southeast q arter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washi ton and State of Oregon, more particularly described as follows: Beginning at a point in the center f a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. Ca +1 et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 grees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on he South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginning; thence North 89 degrees 49' West along the',South line of said Cach tract, 182.0 feet to a point; thence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of aid road, thence South 4 degrees 12' West along said West line 110.0 feet to the true point of beginni PARCEL IV: Commencing at an i n pipe at the quarter section corner between Sectio and 8, Township 2 South, Range 1 West of the illamette Meridian, Washington County, Oregon ence North 0 degrees 48' East 465 feet to an iron pip and the beginning point of the tract hereby scribed; thence North 0 degrees 48' East 466.4 feet to an ton pipe; thence South 89 degrees 12' st 624.8 feet to a point which point is 20 feet West from an iron ring leaf; thence South 10 feet t point; thence North 88 degrees 44' East 400.3 feet to a point in the nter of a 40 foot dedicated r d, dedicated to the public by A.S. Pattullo and wife by deed recorded o age 81 of book 147 of records of deed of Washington County; thence tracing the center of said dedic ted road South 14 d rees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the enter of said 4 oot dedicated road; thence leaving said road (an passing at a distance of 20 feet a iron pipe t West side of said road) and running North 89 degrees 49' West 1057.72 feet to the place f begi ng. EXCEPTING THEREFROM the followin 'described portion: Commencing at the Southwest corner o the Southeast one quarter of said Section 5; thence North 0 degrees 47' 29" East, along theWest lin of said Southeast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel wit the South line of said Section 5, a distance of 1029.75 feet to the West right of way line,of S.W. Sunrise ne as dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, said b k of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular ereto; thence North 00 degrees 33' 14" East, along said West right of way litre, a distance of 278.24 f et to an angle point therein; thence North 04 degrees 13' 22" East, along sajd West right of way line, a istance of 141.83 feet to the Northeast corner of that tract of land conveyed°to Elton C. Phillips and Sabrin Jeanne Phillips by warranty deed recorded November 12, 1968 in Bo®1k 723, page 730, said deed reco ds and point being the point of beginning. Thence from said point of ginning, North 89 degrees 49' 00' West, along the North line of said Phillips tract a distance of 181.00 feet to the Northwest corner th reof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southwest corner of that tra of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed recorded April 15, 19 6 in document no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, along the Sout line of said Christopher J. Cach and Sheri L. Cach tract, a distance of 180.30 feet to the West right of wa line of S.W. Sunrise Lane; thence South 04 degrees 13' 22" West, along said West right of way line, distance of 115.53 feet to the point of beginning. FURTHER EXCEPTING ITHE~Ef ROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christopher J. Cach and'Sheri L. Cach, recorded April 15, 1 96 as Fee No. 96033077. AND FURTHER EXCEPTING THEREFROM that portion described i deed from Gerald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. First American Tide i OR*TAX I, Richard W. Hohernicht, Director of Assessment ~5 T- co andTaxation and Ex-Officio County Clerk for Washington County, do hereby certify this to be a p true and correct copy of the original. y z • • Y~V * R Date: o B cTON couN~~' 0rqml 97225 3_ rax 503526.67'3_ EXHIBIT "A" Leeai Description of Tax Lot 400. Assessors Man 2S 1 15 DC That. parcel of land conveyed to Lisa A. C:ach and Joan L. Cach as co-trustees of the Gerald C. Cich Credit Shelter 't'rust by warranty deed recorded January 26, 2004 in Document .No. 2004-007108, Washington County Book of Records, and referred to therein as Parcel. III of Property No, 8, located in the southeast one-quarter of Section 5, Township 2 South, Rance 1 West of the Willamette 'Meridian in Washington. County, Oregon, said tract described specifically as f'olloizs: Commencing at the southwest corner of the southeast one-quarter of said Section 5, Thence, North 00017'29' Fast, along the west lii3e of said southeast one-eluarter, a distance of 155.00 feet; Thence, South 89'49'00" East, paralk:l With the south line of said Seetion 5, a distance of 1079.75 fiect to the `vest right-of-wav line of S.W. Sunrise 1-ane as dedicated to the public by dedication deed recorded May 14, 1931 in Book 147, Page 8 said book of records, said right-of-way line being 20.00 feet front the centerline thereof, measured perlletidicular thereto; `T`hence, North 00'3' ' 14" East, along said west right-of-way line, a distance of 130.00 feet to the Point of Beginning Thence, from. said Point of Beginning, North 89°48'00" West, a distance of 310.00 feet; Thence, North 00 ° 13,14" East, a distance of 130.00 feet; Thence, South 89°48'00" East; a distance of310.00 feet to said west right-of-way line; 't'hence, South 00'33'14" West, along said west right-of-way line, a distance of 130.00 meet to the point of beginning, The above described parcel contains 40,219 squU. feet more or less; which is 0.925 acres more or less. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 20. 1989 GARY P. CHRISTERSON 2.3 77 RENEWAL- DECEMBER 31, 2007 1' :~C'itYO["ri?,urd.134(}6?`.SurveY"DorumctitsiLe of Uascri~tia:~s.C'xch-kegs3-T[.atiO.Jnw pane 1 Of 1 i}~t3iJ<i;?t`;~.t`i?i~ ~?i,•.1;3;1f?:c; ~[tf;~c , ^,.~:4 F..•F?%~r? fytt,c~<'?~3;',~t''~ ! 7c :;f EXHI81T "B" PORTION OF TL X00 TL1oO - - TL300 S89'48'00"F Cf) 310.05' - r 1 c~ LISA A, AND JOAN L. CL GAC'H TRUSTEES PORTION Ci OF TL400 C? ri 40,299 SOF 1-f 0.925 ACRESI POINT OF BEGINNING 1 T N89'48'00"W J a 310.00' 7.00' o on a fJ g s 589 49'00" E. 1029.75' a " SCALE ) O 25 50 100 i POINT OF ( b COMMENCEMENT FEET 1 INCH = 50 FT u 8 F ('S7GGE0 Gf'C C>I£Ci(EO BY: ~ ,ACH FAMILY _ PROPER 1 IE• 5 a DRAW 8Y: Tp7 APPROW.F0 3Y: VC FOR THE CI'I Y OF TIGARD O LAST E.O+T,• 07/0 OS f'!.0' DAM: D7 72O& J~j~ DA 7E BY REV _-REIRStON C" PP rf` f"'~j'" 2S ( -~`i ~ Lf J~C ~,d TAX LOT NO. goo (yz aunl.nd, o ara= oawa WASHINGM4 c m a - - SCALE: PAUSECI' NO. ORAMNC FILE PIAU. SHEET ]/i - 034067 034067-SURV-FX00 L. O 9755 SIR Hanle s Rc-;i, ~tE1- 3t,C <t1tr0• f1l t~ 5 5 ~z Fax 503,526.0775 EX11fBIT "A" Legal Description vg"x'as Lots IOQ, 300, and n l ortiolt of 2OOy Assessors Ma 2S 11.5DC" A panel of land being that tract of land conveyed to Gerald C. C;aeh and Joan L. Cach by statutory special warranty deed recorded April 16, 1996 in Document No. 96-33076, Washington County Book. of Records, a portion of that tract of land conveyed to Gerald C. Cach and toxin L. Cacti by statutory bargain and sale deed recorded February 24, 1093 in .Document No. 93-142091 said book of records, and a portion of that tract of land conveyed to Lisa A., Cash and Juan L. Cach as co-tntstees of the Gerald C. Coach Credit Shelter Trust by warranty deed recorded January 26, 2001 in Document No. 2004-007108, said book of records, and referred to therein as :Parcel I of Property No. 8, located in the southeast one-quarter of Section 5, 't'ownship 2 South, Range 1 West of the Willamette Meridian in Washington County, Oregon, said tract described specifically as follows: C ontniencin.g at the southwest corner of the southeast one-quartcr of said Section 5; Thence. North 00°47'29" East, along the west line of said southeast one-quarter, a distance- of 155.00 .feet Thence, South S'9'49'00" k'.ast, parallel with the south line of said Section 5, a distance of 1029.75 feet to the west tight-of-way line of S.W. Sunrise Lane as dedicate<l to the public by dedication deed recorded May 14, 1931 in Book 147, Page 81, said book Of records, said right-of way line being 20.00 feet from the centerline thereof, lnasured perpendicular thereto; Thence, North 00°33' 14" East, along said west right-of-way line, a distance of 260.00 feet to the of the north line of that tract of land conveyed to Joan L. Cach by quitclaim deed recorded January 21. 1977 in Book 1.139, Page 919, said book of records, said point being the Point of Beginning. Thence., Frotn said Point of Beginning, North 89'48'00" West, along said north line, a distance of 310.00 feet to the northwest corner thereof, which is also an angle point in the exist tine of that tract of land conveyed to the City of Tigard, Oregon by statutory warranty deed recorded July 29, 1998 in Document no. 98-8281 S, said book of records; 't'hence, along the east lines of said City of Tigard tract the following four courses, North 00'3615" East, a distance of 58.33 feet; 't'hence, South 88°38'40" til%esi, a distance of 1:2.63 feet; Thence, North 26°5.3'45" West, a distance of 298.08 feet; Thence, North 18° 5T50" Fast, a distance of 182.02 feet to an angle point in the north line; of that tract of land conveyed to Gerald C. Cach and Joan L. Cacti by warranty deed recorded October 1, 1962 in Book 472, Page 545, said book of records; Page I of 2 tv P c. cc,' 1s`?i?~Jcc .oi J lE; a;t 'T'hence, North 88'40'34" East, along said north Jive, a distance of 217.4? feei to the, noitliwesi corner of that tract of land conveyed to Christophcr J. Cach and Sheri I-. Cach by special warranty deed recorded April 15, 1996 in Document No. 96-33077, said book of records: 'T'hence, South 04'49'18" East, along the west line of said tract, u distance of 227.15 feet to the southwest cornet- thereof; Thence South 05°03'46" Nest, a distance of 115.66 feet to the north-west corner of that tract of land conveyed to Elton C. Phillips and Sabina Jeanne Phillips by Nvarranty deed recorded November (2, 1968 in Book 723, Page 7:30, said deed records; 'Thence, South 69'49'00" Exist, along the north line of said tract, a distance of 182.00 feet to the northeast corner thereof on said 'WeSt 1.4111t••ot-lady line of'S.W. SUlhriSe. 1.arTW7- Thence, South 04 ° 13'22" West; along said west right-of--way line, a distance of 141.83 feet to an angle point therein; Thence, South 00°33' 14" west, along said xv-est right-of-way line, a distance of 18.24 feet to the point of beginning. The above described parcel comains 139,5:34 square feet snore or tens, which is 3.203 acres more or less. C7P,R I TFP,E:D FESSfNAL SURVEY9R / OREGON JANUARY 20, 7989 GARY P. CNRISTERSON 2377 RENEWAL; DECEMBER 31, 2007 f' •City offigarTGi?a(kiTlon•ry~llocumCn{g?l.r~al heccripiiau:`,Cacti-Ic~?a1-rL; )~)-3(x)-txiriiuir:.(x7.Ae?e Page :2 of 2 v i f?~f 0 'ILf ~ V• c, In, i'4JV uF, r.3 % $ •-c.: J i;i.,~il1..::•.~ 7S`s C<:.tiu~:b c't z3. fi8..<:`. rnrYn f;ir. ~:1'ifit: Sr . EXHIBIT "B" I N88'40'34 "E j 217.4 7'.` - i ~ n . a ry O GERALD C. & r1 j JUAN L. CA CH " - 00 `~,b PORTION N TOM OF TL200 :4 (.0 000. K0 96-33077 -P- OK, 412, PG. 545 90 1 ~ 1 L.J 139,534 SQFT.f 1 3,20.3 ACRESt k~ PUR LION OF 19 tU TL200 Ljj X-~'o, t 58.949'00"E cn co 182.00 GERALD C. & 1 JOAN L. CACH I DOC. NO, 98-82817 TL100 f3K. 723, 730 ri t co N88'38'4.0 "E I LISA A. AND JOAN L. POIN7- OF CACH TRUSTEES BEGINNING 12.63 TL300 18.24, N00 °36'15 " E N89 48'00"W 58.33' 310.00' 20.00' -.1 TL400 r7 O v^ 8K. 1139, PG, 919 ci 'n S89 °49'00 "E 1029.75' t• o SCALE 0 50 100 200 a 0 L0 POINT OF cvulaFNCEruENr { FEET) I i:- 1 INCH = 100 FT R s CL is DESICNEC. BY, GPC CHECKED BY.- (;PC CA{;H FAMILY PROPERTIES g DRAWN BK 7~J APPROVED 8Y,• VC _ FOR THE CITY OF TIGARD tI LAST EDIT 87 08 FLAT DATE: 07/Q? p 015tE UY IREY R"SIJN CY..Q PPR TAX MAP 2S I 1 D,C rffo TAX LOT NO. 100, 300, AND A PORTION OF 200 n«sw,a. @ b. vfuda WAS+{IN T -LINTY _ OR .SCA r., PROJECT NO DRAYANG FILE NAME? SHEET t/1 y Cr~Mat-orv ru q 1" 100' 034067 034067 -SURV--6X00 G L Wa! m County, Oregon 2006_095151 4 OSIOa-u06 03:34:29 PM J D-DW Cnt=1 Stn=7 K GRUNEWALD $65.00 $6.00 $11.00 - Total = $82.00 G ~ oQU 00994669200600951510130138 3 I, Richard Hobemlcht, Director of Assessment and , Taxatlon and Ex-OMlclo County Clerk for Washington s G County, Oregon, do hereby certify that the within' instrument of writing was received and recorded In theM` j book of records of said yoyery. Richard W. Hobemlcht, Directorof Assessment and Taxation, Ex-0Mcio County Clerk `o t ~ v p V_ z This Document being re-recorded to correct the legal description. Said document previously recorded as Fee No. 2006-087171 and 2006-090324. Wk jton County, Oregon 2006-090324 07/28/2006 03:37:35 PM D-0W Crtt■1 Stn=4 K BARNETT ! $45.00 $8.00 $11.00 • Total a $82.00 VIII III II I II III IIIIIII III 009896352 3240090091 I, Richard Hobamlcht, Dire ctor of Assam rid _ Taxation and Ex-0Riclo County Clerk for Wuh County, Oregon, do hereby certify that the within Instrument of writing was received and recorded In the book of records of ssld yg y. tl 7 SI , Rlchwd W. HobemIcht, Director ofAssesernent and Taxation, Ex.ORlclo County Clerk 6 11 Rerecording to correct klkj Previously recorded as Z-06, 0~ 212 / i o ~r $r~o 121 re w ~o U z l Jt n WashingtonCounty, Crepon 07121/2006 07:25:01 PM 2006-087171 D.ow Cntat Oman I REED $30.00 $0.00 $11.00 $20.00 - Total a $67.00 11111111111 I11 00985509 00871710060061 Alf I; A THIS SPACE RESERVE Tuit an and Es-Ocht. County ciorwrorwash ngton et , r County Orego hereby certify that thewlthin Instrument tine was received and recorded In the back M orris of sold y. lr J Rkhartl W Hobemichk 01 rector of Assessment and M Tuatlon, Ex-0Mclo CauntyCla4 After recording return to: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 File No.: 7011-860087 (MLY) Date: July 12, 2006 STATUTORY SPECIAL WARRANTY DEED Lisa A. Cach and Joan L. Cach, Co-Trustees of the Cach Family Revocable Trust dated July 1, 2002, an undivided 1/2 interest and Lisa A. Cach and Joan L. Cach, Co-Trustees of the Gerald C. Cach Credit Shelter Trust, an undivided 1/2 interest as to Parcels I, II, IV and Joan L. Cach t$ as to Parcel III, Grantor, conveys and specially warrants to City of Tigard, Oregon, Grantee, the following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: ~4 This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. d 7- 2. The use of the property is hereby restricted to the following uses: a city park and a water system. See Legal Description attached hereto as Exhibit A and by this reference Incorporated herein. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Page 1 of 6 z APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) - continued Date: 07/1212006 The true consideration for this conveyance is $1,450,000.00. Dated this day of ~k 20,_(x_. Cach Family Revocable Trust Gerald C. Ca~chh~Credit Shelter Trust Lisa A. Cach, Co-Trustee Lisa A. Cach, Co-Trustee e-4 an L. Cach, Co-Trustee an L. Cach, Co-Trustee ems. Notary Public STATE OF State R Washington LAURA A. FELIX )SS. MY COMMISSION EXPIRES OCTOBER 23.2007 County of This instrument was acknowledged before me on this A /VAday of 20 QV by Lisa A. Cach and Joan L. Cach as Co-Trustees of Family evocable St, on -behalf of the Trust. Notary Public for AS &u1 My commission expires: ip ~3 -d STATE OF ~jcSk( lb~q ) Notary Public )SS. State of Washington County of k i ItILI ) LAURA A. FELIX IMY COMMISSION EXPI S OCTOBER 23.2007 This instrument was acknowledged before me on this ay of 20-9~a by Lisa A. Cach and Joan L. Cach as Co-Trustees of Gerald C. Cach Cerdit Shelte Trust, on behalf of the Trust. G~t-cwt c._ ` Notary Public for 05 P,JGr,r+ k, My commission expires: 1d-a3.0 i Page 2 of 6 APN: Statutory Special Warranty Deed File No,: 7011-860087 (MLY) - continu / 12/ 2006 Notary Public STATE OF ) LLAURA e of Washington A. FELIX )SS. N EXPIRES OCTOBER 23, 2007 County of /i ) On this IT~ -day , 1 20 6(4 personally appeared Lisa A. Cach, Co- Trustee, who being duly sw rn (or affirmed), did say that he/she is the attorney in fad for Joan L. Cach, Co-Trustee, and that he/she executed the foregoing instrument by authority of and In behalf of said principal; and he/she acknowledge said instrumen be the and d o said principal. G•/7 Notary Public for My commission expires: fd a3'4~ Page 3 of 6 t APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) -continued Date: 07/12/2006 EXHIBIT A LEGAL DESCRIPTION: PARCEL I: Beginning at a poi t on the North and South center line of Section /said outh, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from Srner of said Section 5, running thence South 9 degrees 49' East and parallel to the South tion 5, a distance of 1,057.21 feet to a point in center line of a 40.0 foot dedicated roadng center line of said road North 0 degrees 31' ast 277.6 feet, thence following center lNorth 4 degrees 12' East 32.4 feet; thence Nort 89 degrees 48' West, passing over an Westerly line of said road and continuing a total tance of 1,057.72 feet to an iron pi on the aforesaid North and South center line of Section 5, thenc outh 0 degrees 48/dicated to the place of beginning. EXCEPTING THEREFROM: Beginning at a p oint on the North an South cente5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet Nort of 0 degreSouth quarter corner of Section 5; running thence South 89 degrees 49' Ea and parah line of Section 5, a distance of 1057.21 feet to a point (n center line of a 0 foot nd the true point of beginning of the tract herein described; thence following ce er li a of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 t; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' W of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of begin ng, ashington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North an South center Iin of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet rth of 0 degrees 40 East from South quarter corner of Section 5; running thence South 89 degrees 9' East and parallel to a South line of Section 5, a distance of 1057.21 feet to a point in center ine of a 40 foot dedicate road; thence following center line of said road North 0 degrees 31' East 30 feet to the true point of b Inning of the tract herein described; thence continuing North 0 d rees 31' East 130 feet along sai center line; thence North 89 degrees 48' West a distance of 330 fee thence South 0 degrees 31' West 0 feet to a point; thence South 89 degrees 48' East 330 feet o the true point of beginning, Washin on County, Oregon. AND FURTHER EXCEP NG THEREFROM that portion described in d recorded July 29, 1998 as Fee No. 98082815, to T City of Tigard, Oregon. PARCEL III: A tract of land I he Southeast quarter of Section 5, Township 2 South, Ra e 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularl described as follows: Page 4 of 6 z r APN: Statutory Special Warranty Deed Fite No,: 7011-860087 (ML1) - contlnued Date: 07/1212006 Beginning at a point in the cent of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. h, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 egrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on he South tine of said Section 5; thence North 89 /degrees 49' West 20 feet to a point on the Westerly line f said road, said point being the true point of eginning; thence North 89 degrees 49' West along the outh line of said Cach tract, 182.0 feet t point; thence North 4 degrees 12' East, 110.0 feet to a poin , thence South 89 degrees 49' East, 18 .0 feet to a point on the Westerly line of said road, thence Sout 4 degrees 12' West alon/egon;thence ine 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter se ion corner betwee and 8, Township 2 South, Range 1 West of the Willamette Meridian, Was ington County, North 0 degrees 48' East 465 feet to an iron pipe and the beginning poln f the tract h eby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 f t West fir an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400. feet to point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and a by eed recorded on page 81 of book 147 of the records of deed of Washington County; thence traci t e center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 1 ' est 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an pa ng at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 4 W t 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following describ portion. Commencing at the Southwest corner of the outheast on quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line said Southeast ne quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel wi the South line of id Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunri a Lane as dedicated the public by dedication deed recorded May 14, 1931 in book 147, page 81, s id book of records, said ight of way being 20.00 feet from the centerline thereof, measured perpen icular thereto; thence No 00 degrees 33' 14" East, along said West right of way line, a distance 278.24 feet to an angle poi therein; thence North 04 degrees 13' 22" East, along said West right of ay line, a distance of 141.83 t to the Northeast corner of that tract of land conveyed to Elton C. Phi Ips and Sabrina Jeanne Phillips b warranty deed recorded November 12, 1968 in Book 723, page 7 , said deed records and point being he point of beginning. Thence from said point of beginning, Nort 89 degrees 49' 00" West, along the N rth line of said Phillips tract a distance of 182.00 feet to a Northwest corner thereof; thence Nort 05 degrees 03' 46" East a distance of 115.66 feet to the Sou west corner of that tract of land conveyed Christopher J. Cach and Sheri L. Cach by special warran deed recorded April 15, 1996 In document no 96-33077, said book of records; thence South 89 degr s 49' 00" East, along the South line of said Chri opher J. Cach and Sheri L. Cach tract, a distance of 0.30 feet to the West right of way line of S.W. Sun 'se Lane; thence South 04 degrees 13' 22" W , along said West right of way line, a distance of 11 53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Ge d C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 6033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from lald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. Page 5 of 6 APN: Statutory SPedal Warranty Deed • continued Pile No.: 7011-860087 (MLl) Date: 07/12/2006 ~SSOR*rqX I, Richard W. Hobernicht, Director of Assessment 5S Cpl andTaxation and Ex-Mcio County Clerk for tiP SFr Washington County, do hereby certify this to be, a o ;true and correct copy of the original. * Date:.- BY: cjoN couN~~' Page 6 of 6 Preliminary Report Order No.: 7011-660087 Page 5 of 6 Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 est, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter comer of said on 5, running thence South 89 degrees 49' East and parallel to the South line of said Section 5, a ' nce of 1,057.21 feet to a point in center line of a 40.0 foot dedicated road, thence following cent line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road Nort degrees 12' East 32.4 feet; thence North 89 degrees 48' West, passing over an iron pipe on the W erly line of said road and continuing a total distance of 1,057.72 feet to an iron pipe on the aforesa' North and South center line of Section 5, thence South 0 degrees 48' West 310 feet to the place o inning. EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, To ship 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from So quarter comer of Section 5; running thence South 89 degrees 49' East and parallel to the South a of Section 5, a distance of 1057.21 feet to a point in center tine of a 40 foot dedicated road d the true point of beginning of the tract herein described; thence following center line of said road orth 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; thence Sou 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of the true int of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Washing County, Oregon. FURTHER EXCEPTING THEREFROM: J Beginning at a point on the North and South cen r line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 d reel 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East a parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet the true point of beginning of the tract herein described; thence continuing North 0 degrees 3 East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; then uth 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the ue point of beginning, Washington County, Oregon. AND FURTHER EXCEPTING EREFROM that portion described in deed recorded July 29, 1998 as Fee No. 98082815, to The Ci of Tigard, Oregon. PARCEL II: Beginning at a p nt on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette/Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running theyii/ce South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence/ continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' Wgst a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. Ek ce P4; v% Wie-~L f,rdn 4f- - -prove n+s ~-I~,e it on PARCEL III: first American Tide R Preliminary Report Omer No.: 7011-860087 Page 6 of 6 A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willam e Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point in the center of a 40 foot dedicated road at the Southeast corner of that tra described in deed to Gerald C. Cach, et ux, in deed book 472, page 544, Washington County d records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1, 7.72 feet from the quarter section corner on the South line of said Section 5; thence North 89 degree 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginni g; thence North 89 degrees 49' West along the South line of said Cach tract, 182.0 feet to a point- hence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet a point on the Westerly line of said road, thence South 4 degrees 12' West along said West line 11 feet to the true point of beginning. PARCEL N: Commencing at an iron pipe at the quarter section corner between Section and 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; t nce North 0 degrees 48' East 465 feet to an iron pipe and the beginning point of the tract hereby de ibed; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 feet West from an iro pring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400.3 feet to a point i he center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and wife by deed rec rded on page 81 of book 147 of the records of deed of Washington County; thence tracing the cente of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 2 .9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an passing at distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' West 1 7.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portio . Commencing at the Southwest corner of the Southe one quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said S theast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the S th line of said Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lan s dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, said boo of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular ereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278. feet to an angle point therein; thence North 04 degrees 13' 22" East, along said West right of way h e, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phillips a d Sabrina Jeanne Phillips by warranty deed recorded November 12, 1968 in Book 723, page 730, sa' deed records and point being the point of beginning. Thence from said point of beginning, North 89 egrees 49' 00" West, along the North line of said Phillips tract a distance of 182.00 feet to the N rthwest corner thereof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southw comer of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty d recorded April 15, 1996 in document no. 96-33077, said book of records; thence South 89 degrees ' 00" East, along the South line of said Christopher J. Cach and Sheri L. Cach tract, a distance of 180 0 feet to the West right of way line of S.W. Sunrise Lane; thence South 04 degrees 13'22" We along said West right of way line, a distance of 115.53 feet to the point of beginning. FURTHER EXC TING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christoph J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FU HER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. T Parcel Number: R482070 and R482089 and R482043 and R482052 First American Title ~SS~R~TAX I, Richard W. Hobernicht, Director of Assessment ~p andTaxation and Ex-Officio County Clerk for Washington County, do hereby certify this to be a - o true and orrect cop of the original. Date: By. nom- c Preliminary Report Order No.: 7011-860087 Page 5 of 7 REVISED Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 49' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center line of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road North 4 degrees 12' East 32.4 feet; thence North 89 degrees 48' West, passing over an iron pipe on the Westerly line of said road and continuing a total distance of 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thence South 0 degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road and the true point of beginning of the tract herein described; thence following center line of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Washington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. AND FURTHER EXCEPTING THEREFROM that portion described in deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tigard, Oregon. PARCEL II: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. EXCEPTING THEREFROM the improvements thereon. First American Title Preliminary Report Order No.: 7011-860087 Page 6 of 7 PARCEL III: A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point in the center of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. Cach, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on the South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginning; thence North 89 degrees 49' West along the South line of said Cach tract, 182.0 feet to a point; thence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of said road, thence South 4 degrees 12' West along said West line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter section corner between Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning point of the tract hereby described; thence North 0 degrees 48' East 466.4 feet to an iron pipe; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 feet West from an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400.3 feet to a point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and wife by deed recorded on page 81 of book 147 of the records of deed of Washington County; thence tracing the center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an passing at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' West 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portion: Commencing at the Southwest corner of the Southeast one quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said Southeast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the South line of said Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lane as dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, said book of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular thereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278.24 feet to an angle point therein; thence North 04 degrees 13' 22" East, along said West right of way line, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phillips and Sabrina Jeanne Phillips by warranty deed recorded November 12, 1968 in Book 723, page 730, said deed records and point being the point of beginning. Thence from said point of beginning, North 89 degrees 49' 00" West, along the North line of said Phillips tract a distance of 182.00 feet to the Northwest corner thereof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southwest corner of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed recorded April 15, 1996 in document no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, along the South line of said Christopher J. Cach and Sheri L. Cach tract, a distance of 180.30 feet to the West right of way line of S.W. Sunrise Lane; thence South 04 degrees 13' 22" West, along said West right of way line, a distance of 115.53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. First American Title Washington County, Oregon 2006_090324 112006 03:37:35 PM + Cnt=1 Stn=4 K BARNETT $45.00 $6.00 $11.00 - Total = $62.00 00989635200600903240090091 I, Richard Hobemlcht, Director of Auesament and w x„ Taxatlon and Ex-ORlcio County Clerk forWashington y County, Oregon, do hereby certify that the within' Instrument of writing was recelved and recorded In the " i book of records of said yayrt#y. ~I , J- 'w Richard W. Hobemlcht(, OllrreccttorrofAsse~sef+mGeent~and Taxatlon, Ex-CM clo County Clerk 6 11 6 Z Rerecording to correct k~d Previously recorded as 2 > v 0~ 2 /"7 / o~ Lip 0 a 04 in U 12 .C r Washington County, Oregon 2006-087171 07121/2006 03:25:03 PM D•OW Cntn1 8tnn22 I REED $30.00 $6.00 $11.00 $20.00 • Total a WT. 00 11111111111 IN 11111 11 0, 9 00871710060061 A sment a a nt and t A of E N , RESERVE 1, Richard Icht THIS SPACE Taxation and nd Ex-chtO County Clark rk for forVWshlnpton 2, County, Orepo o hereby certify that the within Instrument rltlnp was received and recorded in the P book of ands of said a= 7 SI '..J- 1 rl e4 Richard W Hcbennlcht, Olnctor of Asessement and Taxation, Ex-O lclo County Clerk After recording return to: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 File No.: 7011-860087 (MLY) Date: July 12, 2006 STATUTORY SPECIAL WARRANTY DEED 4 ° Lisa A. Cach and Joan L. Cach, Co-Trustees of the Cach Family Revocable Trust dated July 1, 2002, an undivided 1/2 interest and Lisa A. Cach and Joan L. Cach, Co-Trustees of the Gerald C. Cach Credit Shelter Trust, an undivided 1/2 interest as to Parcels I, II, IV and Joan L. Cach € M as to Parcel III, Grantor, conveys and specially warrants to City of Tigard, Oregon, Grantee, the 8 following described real property free of liens and encumbrances created or suffered by the Grantor, -2 except as specifically set forth herein: ~o This property is free from liens and encumbrances, EXCEPT: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in d the public record, including those shown on any recorded plat or survey. 7- 2. The use of the property is hereby restricted to the following uses: a city park and a water system. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Page 1 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) -continued Date: 07/1212006 The true consideration for this conveyance is $1,450,000.00. Dated this day of ~,L (11 20. Cach Family Revocable Trust Gerald C. Cach Credit Shelter Trust isa A. Cach, Co-Trustee L si A. Cach, Co-Trustee an L. Cach, Co-Trustee an L. Cach, Co-Trustee e 6~w Notary Public STATE OF State of Washington LAURA A. FEUX )SS. MY COMMISSION EXPIRES OCTOBER 23.2007 County of K1~5 ) This instrument was acknowledged before me on this day of 200 by Lisa A. Cach and Joan L. Cach as Co-Trustees of Family evocable st, n behalf of the Trust. r Notary Public for U,5 8e,,,,f1 My commission expires: ~p • 3 STATE OF ~daSh r~ ) Notary Public )SS. State of Washington LAURA A. FELIX County of K i fl~ ) ]MY COMMISSION EXPI S OCTOBER 23.2007 This instrument was acknowledged before me on this ay of 20-G$-, by Lisa A. Cach and Joan L. Cach as Co-Trustees of Gerald C. Cach Cerdit Shelte Trust, on behalf of the Trust. Notary Public for US P,x~H My commission expires: /Q•~3 0 Page 2 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) - continu /12/2006 Notary Public STATE OF /1) ) State Washington LAURA A. FEL1X )SS. IMY COMMISSION EXPIRES OCTOBER 23, 2007 County of I n~ ) On this r day 206 personally appeared Lisa A. Cach, Co- Trustee, who being duly sw rn (or affirmed), did say that he/she is the attorney in fact for Joan L. Cach, Co-Trustee, and that he/she executed the foregoing instrument by authority of and in behalf of said principal; and he/she acknowledge said instrumen be the and d o said principal. Notary Public for My commission expires: /O a3 0~ i I Page 3 of 6 f, r APN: Statutory Special Warranty Deed File No,: 7011-860087 (MLY) -continued Date: 07/12/2006 EXHIBIT A LEGAL DESCRIPTION: PARCEL I: Beginning at \South9 he North and South center line of Section 5, Township 2 South, Range 1 West, Willamette M.0 feet North of 0 degrees 40' East from South quarter corner of said Section 5, running thencdegrees 49' East and parallel to the South line of said Section 5, a dis tance of 1,057.21 feet n center line of a 40.0 foot dedicated road, therxce following center line of said road North 0 ' ast 277.6 feet, thence following center lineof said road North 4 degrees 12' East 32.4 feert 89 degrees 48' West, passing over an yrbn pipe on the Westerly line of said road and contal tance of 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thencLXSouth 0 degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North an South center line,of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet Nort of 0 degrees 0' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 0 foot 06dicated road and the true point of beginning of the tract herein described; thence following ce er liyie of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 t; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' We of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginwng, ashington County, Oregon. FURTHER EXCEPTING THEREFROM: t Beginning at a point on the North ano South center lin of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet N,brth of 0 degrees 40 East from South quarter corner of Section 5; running thence South 89 degrees/49' East and parallel toe South line of Section 5, a distance of 1057.21 feet to a point in centerline of a 40 foot dedicate road; thence following center line of said road North 0 degrees 31' East X30 feet to the true point of bginning of the tract herein described; thence continuing North 0 d4rees 31' East 130 feet along saih center line; thence North 89 degrees 48' West a distance of 330 fee thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet o the true point of beginning, Washin on County, Oregon. AND FURTHER EXCEP NG THEREFROM that portion described in d d recorded July 29, 1998 as Fee No. 98082815, to T City of Tigard, Oregon. PARCEL III: A tract of land i he Southeast quarter of Section 5, Township 2 South, Ra e 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularl described as follows: Page 4 of 6 APN: Statutory special warranty Deed File No.: 7011-860087 (MLY) - continued Date: 07/12/2006 Beginning at a point in the cent~of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. `'h, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on he South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line f said road, said point being the true point of beginning; thence North 89 degrees 49' West along the outh line of said Cach tract, 182.0 feet taa point; thence North 4 degrees 12' East, 110.0 feet to a poin • thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of said road, thence Sout 4 degrees 12' West along said West line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter se ion corner between'Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Was ington County, Oregon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning point f the tract hereby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 fe t West fro,A an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400. feet to a/point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and a by deed recorded on page 81 of book 147 of the records of deed of Washington County; thence traci tyre center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an pas' ng at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 4V W t 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following described) portion. Commencing at the Southwest corner of the,Southeast on quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said SoutheasNne quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the South line cf~aaid Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunri~'e Lane as dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, slid book of records, said ight of way being 20.00 feet from the centerline thereof, measured perpendicular thereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278.24 feet to an angle poi therein; thence North 04 degrees 13' 22" East, along said West right ofjway line, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phl Ips and Sabrina Jeanne Phillips b~ warranty deed recorded November 12, 1968 in Book 723, page 77_' said deed records and point being he point of beginning. Thence from said point of beginning, Norto 89 degrees 49' 00" West, along the N rth line of said Phillips tract a distance of 182.00 feet to a Northwest corner thereof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Sou west corner of that tract of land conveyed ~ Christopher J. Cach and Sheri L. Cach by special warran deed recorded April 15, 1996 in document no 96-33077, said book of records; thence South 89 degr s 49' 00" East, along the South line of said Christopher J. Cach and Sheri L. Cach tract, a distance of ]80.30 feet to the West right of way line of S.W. SunNse Lane; thence South 04 degrees 13' 22" W st, along said West right of way line, a distance of 11!,53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Ge Id C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 176033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from G~rald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96Q33076. Page 5 of 6 APN: Statutory Special Warranty Deed - continued File No.: 7011-860087 (ML Date: 07/12/2006 StiSSOR*Tq~ c 1, Richard W. Hobernicht, Director of Assessment 5 O andTaxation and Ex-Officio County Clerk for Washington County, do hereby certify this to be a true and correct copy of the original. By: c o TUB COUNj~Page 6 of 6 Preliminary Report Order No.: 7011-860087 Page 5 of 6 I I I Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: I PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 49' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center line of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road North 4 degrees 12' East 32.4 feet; thence North 89 degrees 48' West, passing over an iron pipe on the Westerly line of said road and continuing a total distance of 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thence South 0 degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road and the true point of beginning of the tract herein described; thence following center line of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Washington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. AND FURTHER EXCEPTING THEREFROM that portion described in deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tigard, Oregon. PARCEL II: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. Ek ee p4; "J -fie 4e provityYten+s +kp ovi . PARCEL III: First American Title Preliminary Report Order No.: 7011-860087 Page 6 of 6 A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point in the center of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. Cach, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on the South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginning; thence North 89 degrees 49' West along the South line of said Cach tract, 182.0 feet to a point; thence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of said road, thence South 4 degrees 12' West along said West line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter section corner between Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning point of the tract hereby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 feet West from an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400.3 feet to a point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and wife by deed recorded on page 81 of book 147 of the records of deed of Washington County; thence tracing the center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an passing at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' West 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portion: Commencing at the Southwest corner of the Southeast one quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said Southeast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the South line of said Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lane as dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, said book of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular thereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278.24 feet to an angle point therein; thence North 04 degrees 13' 22" East, along said West right of way line, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phillips and Sabrina Jeanne Phillips by warranty deed recorded November 12, 1968 in Book 723, page 730, said deed records and point being the point of beginning. Thence from said point of beginning, North 89 degrees 49' 00" West, along the North line of said Phillips tract a distance of 182.00 feet to the Northwest corner thereof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southwest corner of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed recorded April 15, 1996 in document no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, along the South line of said Christopher J. Cach and Sheri L. Cach tract, a distance of 180.30 feet to the West right of way line of S.W. Sunrise Lane; thence South 04 degrees 13' 22" West, along said West right of way line, a distance of 115.53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. Tax Parcel Number: R482070 and R482089 and R482043 and R482052 First American Title Wat ,n County, Oregon 2006-087171 07121iLU06 03:25:03 PM D-DW Cnta1 Stn=22 I REED $30.00 $6.00 $11.00 $20.00 - Total a $67.00 C 00985509200600871710060061 ment ar a F k THIS SPACE RESERVE I, Richard HobernIcht, Director or of Assessment and Taxatlon and nd Ex Ex. ORlclo County C As As Clerk for Washlnaton ~l f f I County, nstrument of writing was received t and trecordeld In the book of records of said g~. 7 J- 'rl Richard W. Hobamicht, Dl rector of As seas ment and f Taxatlon, Ex-0fflcio County Clerk After recording return to: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: City of Tigard Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 File No.: 7011-860087 (MLY) Date: July 12, 2006 STATUTORY SPECIAL WARRANTY DEED 0 Lisa A. Cach and Joan L. Cach, Co-Trustees of the Cach Family Revocable Trust dated July 1, 2002, an undivided 1/2 interest and Lisa A. Cach and Joan L. Cach, Co-Trustees of the Gerald C. Cach Credit Shelter Trust, an undivided 1/2 interest as to Parcels If II, IV and Joan L. Cach as to Parcel III, Grantor, conveys and specially warrants to City of Tigard, Oregon, Grantee, the v following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: ~o I This property is free from liens and encumbrances, EXCEPT: { q 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in N the public record, including those shown on any recorded plat or survey. 7 2. The use of the property is hereby restricted to the following uses: a city park and a water system. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Page 1 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLI) - continued Date: 07/12/2006 The true consideration for this conveyance is $1,450,000.00. Dated this /Y day of 20 C Cach Family Revocable Trust Gerald C. Cach Credit Shelter Trust isa A. Cach, Co-Trustee Lisa A. Cach, Co-Trustee 6L-11 - z~' '7~0p' L, -41- ~A an L. Cach, Co-Trustee c - f~•,,at, 16an L. Cach, Co-Trustee Notary Public State of Washington STATE OF'~''1 ) LAURA A. FELIX )SS. MY COMMISSION EXPIRES OCTOBER 23 23.2007 County of K , n ) This instrument was acknowledged before me on this LIVC day of 200V by Lisa A. Cach and Joan L. Cach as Co-Trustees of Famil Revocable At, n behalf of the Trust. s Notary Public for f,(j (,yt L My commission expires: p 3 c) 461, ) Notary Public STATE OF &)CISh I )SS. State of Washington County of ) LAURA A. FELIX MY COMMISSION EXPI S OCTOBER 23.2007 This instrument was acknowledged before me on this day of , 20 C~,, by Lisa A. Cach and Joan L. Cach as Co-Trustees of Gerald C. Cach Cerdit Shelte Trust, on behalf of the Trust. Notary Public for i1i5 My commission expires: /e --~?3 u~ Page 2 of 6 APN: statutory special Warranty Deed File No.: 7011-860087 (MLl) - continu /12/2006 Notary Public STATE OF /V~ State of Washington LAURA A. FELIX )ss. ]MY COMMISSION EXPIRES OCTOBER 23.2007 Countyof~ On this ,T'-day / 20/) (.z personally appeared Lisa A. Cach, Co- Trustee, who being duly sw rn (or affirmed), did say that he/she is the attorney in fact for Joan L. Cach, Co-Trustee, and that he/she executed the foregoing instrument by authority of and in behalf of said principal; and he/she acknowledge said instrumen be the and geed of said principal. Notary Public for 4/S , GL /7 i My commission expires: 14-X3-07 Page 3 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLY) - continued Date: 07/12/2006 EXHIBIT A LEGAL DESCRIPTION: PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 49' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center line of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road North 4 degrees 12' East 32.4 feet; thence North 89 degrees 48' West, passing over an iron pipe on the Westerly line of said road and continuing a total distance of 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thence South 0 degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road and the true point of beginning of the tract herein described; thence following center line of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Washington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. AND FURTHER EXCEPTING THEREFROM that portion described in deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tigard, Oregon. PARCEL III: A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Page 4 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLI) - continued Date: 07/12/2006 Beginning at a point in the center of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. Cach, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on the South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginning; thence North 89 degrees 49' West along the South line of said Cach tract, 182.0 feet to a point; thence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of said road, thence South 4 degrees 12' West along said West line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter section corner between Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning point of the tract hereby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 feet West from an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400.3 feet to a point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and wife by deed recorded on page 81 of book 147 of the records of deed of Washington County; thence tracing the center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an passing at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' West 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portion: Commencing at the Southwest corner of the Southeast one quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said Southeast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the South line of said Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lane as dedicated to the public by dedication deed recorded May 14, 1931 in book 147, page 81, said book of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular thereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278.24 feet to an angle point therein; thence North 04 degrees 13' 22" East, along said West right of way line, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phillips and Sabrina Jeanne Phillips by warranty deed recorded November 12, 1968 in Book 723, page 730, said deed records and point being the point of beginning. Thence from said point of beginning, North 89 degrees 49' 00" West, along the North line of said Phillips tract a distance of 182.00 feet to the Northwest corner thereof; thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southwest corner of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed recorded April 15, 1996 in document no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, along the South line of said Christopher J. Cach and Sheri L. Cach tract, a distance of 180.30 feet to the West right of way line of S.W. Sunrise Lane; thence South 04 degrees 13' 22" West, along said West right of way line, a distance of 115.53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. Page 5 of 6 APN: Statutory Special Warranty Deed File No.: 7011-860087 (MLI) -continued Date: 07/12/2006 Page 6 of 6 5 S P M F k F C 4 First American ,M Title Transmittal Dated: August 11, 2006 q;~) 6 013 Attention: City Manager ~ City of Tigard 13125 SW Hall Boulevard Tigard, OR, 97223 Loan # RE: 7011 860087 City of Tigard Parcel A and Parcel B Tigard OR Edmund Salvati Title Officer 222 SW Columbia Street, Suite 400 Portland, Oregon 97201 TEL: (503)222-3651 FAX: (503)790-7858 I l Form No. 1402.92 Policy No.: 7011-860087 (10/17/92) ALTA Owner's Policy Page 1 Policy of Title Insurance \t { t f Tq ISSUED BY First American Title Insurance Company of Oregon An assumed business of Title Insurance Company of Oregon SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, First American Title Insurance Company of Oregon, an assumed business name of Title Insurance Company of Oregon, an Oregon corporation, hereinafter 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; or 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. Title Insurance Company of Oregon dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON BY" President Attest: s, Secretary Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 2 of 9 SCHEDULE A Date of Policy: July 21, 2006 at 3:25 p.m. Policy No.: 7011-860087 Policy Amount: $2,200,000.00 Premium: $3,900.00 1. Name of insured: City of Tigard, Oregon 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: City of Tigard, Oregon 4. The land referred to in this policy is described as follows: Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet North of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 49' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center line of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277.6 feet, thence following center line of said road North 4 degrees 12' East 32.4 feet; thence North 89 degrees 48' West, passing over an iron pipe on the Westerly line of said road and continuing a total distance of 1,057.72 feet to an iron pipe on the aforesaid North and South center line of Section 5, thence South 0 degrees 48' West 310 feet to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road and the true point of beginning of the tract herein described; thence following center line of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet, more or less to a point that is North 89 degrees 49' West of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Washington County, Oregon. FURTHER EXCEPTING THEREFROM: i Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning First American Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 3 of 9 of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. AND FURTHER EXCEPTING THEREFROM that portion described in deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tigard, Oregon. PARCEL II: Beginning at a point on the North and South center line of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 degrees 40' East from South quarter corner of Section 5; running thence South 89 degrees 49' East and parallel to the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 foot dedicated road; thence following center line of said road North 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; thence continuing North 0 degrees 31' East 130 feet along said center line; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington County, Oregon. PARCEL III: A tract of land in the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point in the center of a 40 foot dedicated road at the Southeast corner of that tract described in deed to Gerald C. Cach, et ux, in deed book 472, page 544, Washington County deed records, said point being North 0 degrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section corner on the South line of said Section 5; thence North 89 degrees 49' West 20 feet to a point on the Westerly line of said road, said point being the true point of beginning; thence North 89 degrees 49' West along the South line of said Cach tract, 182.0 feet to a point; thence North 4 degrees 12' East, 110.0 feet to a point; thence South 89 degrees 49' East, 182.0 feet to a point on the Westerly line of said road, thence South 4 degrees 12' West along said West line 110.0 feet to the true point of beginning. PARCEL IV: Commencing at an iron pipe at the quarter section corner between Sections 5 and 8, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence North 0 degrees 48' East 465 feet to an iron pipe and the beginning point of the tract hereby described; thence South 89 degrees 12' East 624.8 feet to a point which point is 20 feet West from an iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400.3 feet to a point in the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and wife by deed recorded on page 81 of book 147 of the records of deed of Washington County; thence tracing the center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees 12' West 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an passing at a distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' West 1057.72 feet to the place of beginning. EXCEPTING THEREFROM the following described portion: Commencing at the Southwest corner of the Southeast one quarter of said Section 5; thence North 0 degrees 47' 29" East, along the West line of said Southeast one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" East parallel with the South line of said Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lane as dedicated to the First American Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 4 of 9 public by dedication deed recorded May 14, 1931 in book 147, page 81, said book of records, said right of way being 20.00 feet from the centerline thereof, measured perpendicular thereto; thence North 00 degrees 33' 14" East, along said West right of way line, a distance of 278.24 feet to an angle point therein; thence North 04 degrees 13' 22" East, along said West right of way line, a distance of 141.83 feet to the Northeast corner of that tract of land conveyed to Elton C. Phillips and Sabrina Jeanne Phillips by warranty deed recorded November 12, 1968 in Book 723, page 730, said deed records and point being the point of beginning. Thence from said point of beginning, North 89 degrees 49' 00" West, along the North line of said Phillips tract a distance of 182.00 feet to the Northwest corner thereof, thence North 05 degrees 03' 46" East a distance of 115.66 feet to the Southwest corner of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed recorded April 15, 1996 in document no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, along the South line of said Christopher 1. Cach and Sheri L. Cach tract, a distance of 180.30 feet to the West right of way line of S.W. Sunrise Lane; thence South 04 degrees 13' 22" West, along said West right of way line, a distance of 115.53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Christopher J. Cach and Sheri L. Cach, recorded April 15, 1996 as Fee No. 96033077. AND FURTHER EXCEPTING THEREFROM that portion described in deed from Gerald C. Cach and Joan L. Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96033076. First American Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 5 of 9 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records, unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. Notwithstanding this provision and in accordance with and subject to the limitations of Section 2.15 of the First American Title Insurance Company of Oregon rate filing, protection afforded to the Insured hereunder will be consistent with any coverage provided to a Lender pursuant to any • Policy issued contemporaneous hereto. 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 2006-2007 a lien due, but not yet payable. 7. The assessment roll and the tax roll disclose that the premises herein described were specially assessed as Forest Land pursuant to O.R.S. 321.358 to 321.372. If the land becomes disqualified for the special assessment under the statute, an addition tax may be levied for the last five (5) or lesser number of years in which the land was subject to the special land assessment. 8. The assessment roll and the tax roll disclose that the within described premises were specially zoned or classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. 9. Statutory powers and assessments of Clean Water Services. 10. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 11.. Road Maintenance Agreement, including terms and provisions thereof. Recorded: July 21, 1980 as Fee No. 80024956 FirstAmerican Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 6 of 9 12. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes: Recording Information: July 21, 2006 as Fee No. 2006-087169 First American Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 7 of 9 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train. and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 2001 The First American Corporation • All Rights Reserved First American Title Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 8 of 9 SCHEDULE OF EXCLUSION FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land, or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that it is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS 3. NOTICE OF CLAIM TO BE GIVEN BY AN INSURED Company to prosecute or provide for the defense of any action The following terms when used in this policy mean: CLAIMANT or proceeding, the insured shall secure to the Company the (a) "insured": the insured named in Schedule A, and, The insured shall notify the Company promptly in writing right to so prosecute or provide defense in such action or subject to any rights or defenses the Company may have had (i) in case any litigation as set forth in Section 4(a) below, (ii) proceeding, and all appeals therein, and permit the Company against the named insured, those who succeed to the interest in case knowledge shall come to an insured hereunder of any to use, at its option, the name of such insured for such of such insured by operation of law as distinguished from claim of title or interest which is adverse to the title to the purpose. Whenever requested by the Company, the insured, purchase including, but not limited to, heirs, distributees, estate or interest, as insured, and which might cause loss or at the Company's expense, shall give the Company all devisees, survivors, personal representatives, next of kin, or damage for which the Company may be liable by virtue of this reasonable aid (i) in any action or proceeding, securing corporate or fiduciary successors. policy, or (iii) if title to the estate or interest, as insured, is evidence, obtaining witnesses, prosecuting or defending the (b) "insured claimant": an insured claiming loss or damage. rejected as unmarketable. If prompt notice shall not be given action or proceeding, or effecting settlement, and (ii) in any (c) "knowledge": or 'known': actual knowledge, not to the Company, then as to the insured all liability of the other lawful act which in the opinion of the Company may be constructive knowledge or notice which may be imputed to an Company shall terminate with regard to the matter or matters necessary or desirable to establish the title to the estate or insured by reason of any public records as defined in this for which prompt notice is required; provided, however, that interest as insured. If the Company is prejudiced by the polity or any other records which impart constructive notice of failure to notify the Company shall in no case prejudice the failure of the insured to furnish the required cooperation, the matters affecting the land. rights of any such insured under this policy unless the Company's obligations to the insured under the policy shall (d) "land": the land described, specifically or by reference Company shall be prejudiced by the failure and then only to terminate, including any liability or obligation to defend, in Schedule (A), and improvements affixed thereto which by the extent of the prejudice. prosecute, or continue any litigation, with regard to the matter law constitute real property; provided, however, the term 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY or matters requiring such cooperation. "land" does not include any property beyond the lines of the OF INSURED CLAIMANT TO COOPERATE. S. PROOF OF LOSS OR DAMAGE. area specifically described or referred to in Schedule (A), nor (a) Upon written request by the insured and subject to In addition to and after the notices required under Section any right, title, interest, estate or easement in abutting the options contained in Section 6 of these Conditions and 3 of these Conditions and Stipulations have been provided the streets, roads, avenues, alleys, lanes, ways or waterways, but Stipulations, the Company, at its own cost and without Company, a proof of loss or damage signed and sworn to by nothing herein shall modify or limit the extent to which a right unreasonable delay, shall provide for the defense of an insured the insured claimant shall be furnished to the Company within of access to and from the land is insured by this policy. in litigation in which any third party asserts a claim adverse to 90 days after the insured claimant shall ascertain the facts (e) "mortgage": mortgage, deed of trust, trust deed, or the title or interest as insured, but only as to those stated giving rise to the loss or damage. The proof of loss or damage other security instrument. causes of action alleging a defect, lien or encumbrance or shall describe the defect in, or lien or encumbrance on the (f) "public records": records established under state other matter insured against by this policy. The Company title, or other matter insured against by this policy which statutes at Date of Policy for the purpose of imparting shall have the right to select counsel of its choice (subject to constitutes the basis of loss or damage and shall state, to the constructive notice of matters relating to real property to the right of the insured to object for reasonable cause) to extent possible, the basis of calculating the amount of the loss purchasers for value and without knowledge. With respect to represent the insured as to those stated causes of action and or damage. If the Company is prejudiced by the failure of the Section 1(a)(iv) of the Exclusions From Coverage, "public shall not be liable for and will not pay the fees of any other insured claimant to provide the required proof of loss or records" shall also include environmental protection liens filed counsel. The Company will not pay any fees, costs or damage, the Company's obligations to the insured under the in the records of the clerk of the United States district court for expenses incurred by the insured in the defense of those policy shall terminate, including any liability or obligation to the district in which the land is located. causes of action which allege matters not insured against by defend, prosecute, or continue any litigation, with regard to (g) "unmarketability of the title": an alleged or apparent this policy. the matter or matters requiring such proof of loss or damage. matter affecting the title to the land, not excluded or excepted (b) The Company shall have the right, at its own cost, to In addition, the insured claimant may reasonably be from coverage, which would entitle a purchaser of the estate institute and prosecute any action or proceeding or to do any required to submit to examination under oath by any or interest described in Schedule A to be released from the other act which in its opinion may be necessary or desirable to authorized representative of the Company and shall produce obligation to purchase by virtue of a contractual condition establish the title to the estate or interest, as insured, or to for examination, inspection and copying, at such reasonable requiring the delivery of marketable title. prevent or reduce loss or damage to the insured. The times and places as may be designed by any authorized 2. CONTINUATION OF INSURANCE AFTER Company may take any appropriate action under the terms of representative of the Company, all records, books, ledgers, CONVEYANCE OF TITLE this policy, whether or not it shall be liable hereunder, and checks, correspondence and memoranda, whether bearing a The coverage of this policy shall continue in force as of shall not thereby concede liability or waive any provision of date before or after Date of Policy, which reasonably pertain to Date of Policy in favor of an insured so long as such insured this policy. If the Company shall exercise its rights under this the loss or damage. Further if requested by any authorized ,etains an estate or interest in the land, or holds an paragraph, it shall do so diligently. representative of the Company, the insured claimant shall ndebtedness secured by a purchase money mortgage given (c) Whenever the Company shall have brought an action grant its permission, in writing, for any authorized Dy a purchaser from such insured, or so long as such insured or interposed a defense as required or permitted by the representative of the Company to examine, inspect and copy ;hall have liability by reason of covenants of warranty made by provisions of this policy, the Company may pursue any such all records, books, ledgers, checks, correspondence and ;uch insured in any transfer or conveyance of such estate or litigation to final determination by a court of competent memoranda in the custody or control of a third party, which nterest. This policy shall not continue in force in favor of any jurisdiction and expressly reserves the right, in its sole reasonably pertain to the loss or damage. All information aurchaser from such insured of either (i) an estate or interest discretion, to appeal from any adverse judgment or order. designated as confidential by the insured claimant provided to n the land, or (ii) an indebted-ness secured by a purchase (d) In all cases where this policy permits or requires the the Company pursuant to this Section shall not be disclosed to honey mortgage given to the insured. First American Title l J Form No. 1402.92 (10/17/92) Policy No.: 7011-860087 ALTA Owner's Policy Page 9 of 9 others unless, in the reasonable judgment of the Company, it The provisions of this paragraph shall not apply to costs, perfect this right of subrogation. The insured claimant shall is necessary in the administration of the claim. Failure of the attorneys' fees and expenses for which the Company is liable permit the Company to use the name of the insured claimant insured claimant to submit for examination under oath, under this policy and shall only apply to that portion of any in any transaction or litigation involving such rights or produce other reasonably requested information or grant loss which exceeds in the aggregate, 10 percent of the remedies. permission to secure reasonably necessary information from Amount of Insurance stated in Schedule A. If a payment on account of a claim does not cover the loss third parties as required in this paragraph, unless prohibited by (c) The Company will pay only those costs, attorneys' of the insured claimant, the Company shall be subrogated to law or governmental regulation, shall terminate any liability of fees and expenses incurred in accordance with Section 4 of these rights and remedies in the proportion which said the Company under this policy as to that claim. these Conditions and Stipulations. payment bears to the amount of said loss. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; 8. APPORTIONMENT If loss should result from any act of such insured claimant, TERMINATION OF LIABILITY If the land described in Schedule (A) consists of two or that act shall not void this policy, but the Company, in that In case of a claim under this policy, the Company shall more parcels which are not used as a single site, and a loss is event, shall be required to pay only that part of any losses have the following additional options: established affecting one or more of said parcels but not all, insured against by this policy which shall exceed the amount, (a) To Pay or Tender Payment of the Amount of Insurance. the loss shall be computed and settled on a pro rata basis as if if any, lost to the Company by reason of the impairment by To pay or tender payment of the amount of insurance the Amount of Insurance under this policy was divided pro the insured claimant of the Company's right of subrogation. under this policy together with any costs, attorneys' fees and rata as to the value on Date of Policy of each separate parcel (b) The Company's Rights Against Non-Insured expenses incurred by the insured claimant, which were to the whole, exclusive of any improvements made subsequent Obligors. authorized by the Company, up to the time of payment or to Date of Policy, unless a liability or value has otherwise been The Company's right of subrogation against non-insured tender of payment and which the Company is obligated to pay. agreed upon as to each parcel by the Company and the obligors shall exist and shall include, without limitation, the Upon the exercise by the Company of this option, all insured at the time of the issuance of this policy and shown by rights of the insured to indemnities, guaranties, other policies liability and obligations to the insured under this policy, other an express statement or by an endorsement attached to this of insurance or bonds, notwithstanding any terms or than to make the payment required, shall terminate, including policy. conditions contained in those instruments which provide for any liability or obligation to defend, prosecute, or continue any 9. LIMITATION OF LIABILITY. subrogation rights by reason of this policy. litigation and the policy shall be surrendered to the Company (a) If the Company establishes the title, or removes the 14. ARBITRATION. for cancellation. alleged defect, lien or encumbrance, or cures the lack of a Unless prohibited by applicable law, either the Company or (b) To Pay or Otherwise Settle with Parties Other Than the right of access to or from the land, or cures the claim of the insured may demand arbitration pursuant to the title Insured or With the Insured Claimant. unmarketability of title, all as insured, in a reasonably diligent Insurance Arbitration Rules of the American Arbitration (i) to pay or otherwise settle with other parties for or in manner by any method, including litigation and the completion Association. Arbitrable matters may include, but are not the name of an insured claimant any claim insured against of any appeals therefrom it shall have full performed its limited to, any controversy or claim between the Company and under this policy, together with any costs, attorneys' fees and obligations with respect to the matter and shall not be liable the insured arising out of or relating to this policy, any service expenses incurred by the insured claimant which were for any loss or damage caused thereby. of the Company in connection with its issuance or the breach authorized by the Company up to the time of payment and (b) In the event of any litigation, including litigation by the of a policy provision or other obligation. All arbitrable matters which the Company is obligated to pay; or Company or with the Company's consent, the Company shall when the Amount of Insurance is $1,000,000 or less shall be (ii) to pay or otherwise settle with the insured claimant the have no liability for loss or damage until there has been a final arbitrated at the option of either the Company or the insured. loss or damage provided for under this policy, together with determination by a court of competent jurisdiction, and All arbitrable matters when the Amount of Insurance is in any costs, attorneys' fees and expenses incurred by the disposition of all appeals therefrom, adverse to the title as excess of $1,000,000 shall be arbitrated only when agreed to insured claimant which were authorized by the Company up to insured. by both the Company and the insured. Arbitration pursuant to the time of payment and which the Company is obligated to (c) The Company shall not be liable for loss or damage to this policy and under the Rules in effect on the date the pay. any insured for liability voluntarily assumed by the insured in demand for arbitration is made or, at the option of the Upon the exercise by the Company of either of the options settling any claim or suit without the prior written consent of insured, the Rules in effect at Date of Policy shall be binding provided for in paragraphs (b)(i) or (ii), the Company's the Company. upon the parties. The aware may include attorneys' fees only obligations to the insured under this policy for the claimed loss 10. REDUCTION OF INSURANCE; REDUCTION OR if the laws of the state in which the land is located permit a or damage, other than the payments required to be made, TERMINATION OF LIABILITY. court to aware attorneys' fees to a prevailing party. Judgment shall terminate, including any liability or obligation to defend, A!! payments under this policy, except payments made for upon the aware rendered by the Arbitrator(s) may be entered prosecute or continue any litigation. costs, attorneys' fees and expenses, shall reduce the amount in any court having jurisdiction thereof. 7. DETERMINATION, EXTENT OF LIABILITY AND of the insurance pro tanto. The law of the situs of the land shall apply to an COINSURANCE. 11. LIABILITY NON-CUMULATIVE. arbitration under the Title Insurance Arbitration rules. This policy is a contract of indemnity against actual It is expressly understood that the Amount of Insurance A copy of the Rules may be obtained from the Company monetary loss or damage sustained or incurred by the insured under this policy shall be reduced by any amount the upon request. claimant who has suffered loss or damage by reason of Company may pay under any policy insuring either a mortgage 15. LIABILITY LIMITED TO THIS POLICY; POLICY matters insured against by this policy and only to the extent to which exception is taken in Schedule B or to which the ENTIRE CONTRACT. herein described. insured has agreed, assumed, or taken subject, or which is (a) This policy together with all endorsements, if any, (a) The liability of the Company under this policy shall in no hereafter executed by an insured and which is a charge or lien attached hereto by the Company is the entire policy and case exceed the least of: on the estate or interest described or referred to in Schedule contract between the insured and the Company. In (i) the amount of insurance stated in Schedule A; or A, and the amount so paid shall be deemed a payment under interpreting any provision of this policy, this policy shall be (ii) the difference between the value of the insured this policy to the insured owner. construed as a whole. estate or interest as insured and the value of the insured 12. PAYMENT OF LOSS. (b) Any claim of loss or damage, whether or not based on estate or interest subject to the defect, lien or encumbrance (a) No payment shall be made without producing this negligence, and which arises out of the status of the title to insured against by this policy. policy for endorsement of the payment unless the policy has the estate or interest covered hereby or any action asserting (b) In the event the Amount of Insurance stated in been lost or destroyed, in which case proof of loss or such claim, shall be restricted to this policy. Schedule A at the Date of Policy is less than 80 percent of the destruction shall be furnished to the satisfaction of the (c) No amendment of or endorsement to this policy can be value of the insured estate or interest or the full consideration Company. made except by writing endorsed hereon or attached hereto paid for the land, whichever is less, or if subsequent to the (b) When liability and the extent of loss or damage has signed by either the President, a Vice-President, the Secretary, Date of Policy an improvement is erected on the land which been definitely fixed in accordance with these Conditions and an Assistant Secretary, or validating officer or authorized increases the value of the insured estate or interest by at least Stipulations, the loss or damage shall be payable within 30 signatory of the Company. 20 percent over the Amount of Insurance state in Schedule A, days thereafter. 16. SEVERABILITY. then'this Policy is subject to the following: 13. SUBROGATION UPON PAYMENT OR SETTLEMENT In the event any provision of the policy is held invalid or (i) where no subsequent improvement has been made, (a) The Company's Right of Subrogation. unenforceable under applicable law, the policy shall be as to any partial loss, the Company shall only pay the loss pro Whenever the Company shall have settled and paid a claim deemed not to include that provision and all other provisions rata in the proportion that the Amount of Insurance at Date of under this policy, all right of subrogation shall vest in the shall remain in full force and effect. Policy bears to the total value of the insured estate or interest Company unaffected by any act of the insured claimant. The 17. NOTICES, WHERE SENT at Date of Policy; or (ii) where a subsequent improvement has Company shall be subrogated to and be entitled to all rights All notices required to be given the Company and been made, as to any partial loss, the Company shall only pay and remedies which such insured claimant would have had any statement in writing required to be furnished the the loss pro rata in the proportion that 120 percent of the against any person or property in respect to such claim had Company shall indude the number of this policy and Amount of Insurance stated in Schedule A bears to the sum of this policy not been issued. If requested by the Company, the shall be addressed to the Company at 2222 SW the Amount of Insurance stated in Schedule A and the amount insured claimant shall transfer to the Company all rights and Columbia St, Ste 400, Portland, Oregon 97201- expended for the improvement. remedies against any person or property necessary in order to 5730, or to the office which issued this policy. First American Title M f . , First A an Title Insurance Company of Oregon =y 200 Soh at St, Ste 150 First American Portland, OR 97201 Phn - (503)790-7890 Fax - (503)790-7891 E~v~D G.0 2 4 '100 City of Tigard July 21, 2006 Attn: City Manager, 13125 SW Hall Boulevard File No.: 7011-860087 (MLY) Tigard, OR 97223 Re: Property: Parcel A and Parcel B, See Legal Description, Tigard, OR The closing of the above referenced transaction is now complete. For your records we enclose the following: (Keep these instruments in a safe place as some of them cannot be replaced.) • If applicable, your refund [ X ] is enclosed by check; has been [ ] wire transferred [ ] was direct deposited to your account Final HUD-I Statement and/or Settlement Statement Your Deed and Policy of Title Insurance will be forwarded separately. If checks are included in this package, please negotiate as soon as possible. Should you have any questions or need further assistance, please contact the undersigned. First American Title Insurance Company of Oregon William Cervarich , Assistant for Michelle Young, Escrow Officer First American First American Title Insurance Company of Oregon ' 200 SW Market St. Ste 150 • Portland, OR 97201 Buyer's Final Settlement Statement Property: Parcel A and Parcel B, See Legal Description, Tigard, File No: 7011-860087 OR Officer: Michelle Young/WC New Loan No: Settlement Date: 07/21/2006 Disbursement Date: 07/21/2006 Print Date: 7/21/2006, 2:23 PM Buyer: City of Tigard Address: Attn: City Manager, 13125 SW Hall Boulevard Tigand> OR 97223 Seller: Cach Family Revocable Trust; Gerald C. Cach Credit Shelter Trust Address: Attn: Lisa Cach, Trustee, 6003 4th Avenue NE, Seattle, WA 98115 Charge Description Buyer Charge Buyer Credit Consideration: - Total Consideration _ 2,200,000.00 Deposits in Escrow: Recei t No~70 1 120603 on 0_7/12/2006 by City of Tigard 2,200,000.00 Receipt No. 701120641 on 07/17/2006 b Cit of Tigard 7,269.30 Recei ptNo. 701120669 on 07/19/2006 by City of Tigard _ 1,446.56 Prorations: o Interest at 6/o for late closing 07/15/06 to 07/19/06 n$361.64/da 1,446.56 Title/Escrow Charges to: Escrow/Closing Fee - First American Title Insurance Company of Oregon 796.30 ALTA 1992 STD Owners Policy - First American Title Insurance Company of Oregon 3,900.00 Government Service Fee - First American Title Insurance Company of Oregon 40.00 97.00 Document Prc aradon - First American T'tj Insurance Ccm an of Oregon Messenger/Courier Svc Handliq,~ - First American Title Insurance Company of Oregon 100.00 Record Warrant Deed- (2) - First American "Title Insurance Company of Oregon 84.00 _ Transfer Tax - First American Title Insurance Company of Oregon 2,200.00 Record Easement -First American Title Insurance Company of Orion 52.00 Totals 2,208,715.86 2,208,715.86 First American any of Oregon R By Michelle Young Page I of 1