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POLICY Our TITLE INSURANCE
a~ .C AME I?I
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- First American Title Insurance Company of Oregon
200 S.W. Market St. • Portland, Oregon 97201 • (503) 222-3651
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF
OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss - or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
} reason of: a
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title; '
3. Unmarketability of the title;'
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations.
r ' + A.,
i
Countersigned
.ry,:
Authorized Of ;cer
dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON ~p
{ BY PRESIDENT
r ATTEST SECRETARY i' i
`'~Y~4,4 ~~Yi~ "MAC
OLTA Form 13 TI 128 8/88
kL-
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land
is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the
extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. the basis of loss or damage and shall state, to the extent possi- (b) In the event of any litigation, including litigation by
The following terms when used in this policy mean: ble, the basis of calculating the amount of the loss or damage. the Company or with the Company's consent, the Company (a) "insured": the insured named in Schedule A, and, If the Company is prejudiced by the failure of the insured shall have no liability for loss or damage until there has been
subject to any rights or defenses the Company would have had claimant to provide the required proof of loss or damage, the a final determination by a court of competent jurisdiction,
against the named insured, those who succeed to the interest Company's obligations to the insured under the policy shall and disposition of all appeals therefrom, adverse to the title of the named insured by operation of law as distinguished from terminate, including any liability or obligation to defend, pros- as insured.
purchase including, but not limited to, heirs, distributees, ecute, or continue any litigation, with regard to the matter or (c) The Company shall not be liable for loss or damage to devisees, survivors, personal representatives, next of kin, or matters requiring such proof of loss or damage. any insured for liability voluntarily assumed by the insured
corporate or fiduciary successors. In addition, the insured claimant may reasonably be re- in settling any claim or suit without the prior written consent (b) "insured claimant": an insured claiming loss or quired to submit to examination under oath by any authorized of the Company.
damage. representative of the Company and shall produce for examina-
(c) "knowledge" or "known": actual knowledge, not tion, inspection and copying, at such reasonable times and 10. REDUCTION OF INSURANCE; REDUCTION OR constructive knowledge or notice which may be imputed to an places as may be designated by any authorized representative TERMINATION OF LIABILITY.
insured by reason of the public records as defined in this policy of the Company, all records, books, ledgers, checks, corre- All payments under this policy, except payments made or any other records which impart constructive notice of mat- spondence and memoranda, whether bearing a date before or for costs, attorneys' fees and expenses, shall reduce the
ters affecting the land. after Date of Policy, which reasonably pertain to the loss or amount of the insurance pro tanto. (d) "land": the land described or referred to in Schedule damage. Further, if requested by any authorized representa-
(A), and improvements affixed thereto which by law constitute tive of the Company, the insured claimant shall grant its per- 11. LIABILITY NONCUMULATIVE.
real property. The term "land" does not include any property mission, in writing, for any authorized representative of the It is expressly understood that the amount of insurance beyond the lines of the area described or referred to in Company to examine, inspect and copy all records, books, under this policy shall be reduced by any amount the Com-
Schedule (A), nor any right, title, interest, estate or easement ledgers, checks, correspondence and memoranda in he cus in abutting streets, roads, avenues, alleys, lanes, ways or tody or control of a third party, which reasonably pertain to the pane may pay under any policy insuring a mortgage to which
waterways, but nothing herein shall modify or limit the extent loss or damage. All information designated as confidential by exception is taken in Schedule B or to which the insured has to which a right of access to and from the land is insured by the insured claimant provided to the Company pursuant to this agreed, assumed, or taken subject, or which hereafter
this policy. Section shall not be disclosed to others unless, in the reason executed by an insured and which is a charge or lien on the
(e) "mortgage". mortgage, deed of trust, trust deed, or able judgment of the Company, it is necessary in the adminis- estate or interest described or referred to in Schedule A, and tration of the claim. Failure of the insured claimant to submit the amount so paid shall be deemed a payment under this other security instrument.
(f) "public records": records established under state for examination under oath, produce other reasonably request- policy to the insured owner. statutes at Date of Policy for the purpose of imparting con- ed information or grant permission to secure reasonably 12PAYMENT OF LOSS.
structive notice of matters relating to real property to pur- necessary information from third parties as required in this chasers for value and without knowledge. With respect to paragraph, unless prohibited by law or governmental regula- (a) No payment shall be made without producing this
Section 1(a)(iv) of the Exclusions From Coverage, "public tion, shall terminate any liability of the Company under this policy for endorsement of the payment unless the policy has
records" shall also include environmental protection liens filed policy as to that claim. been lost or destroyed, in which case proof of loss or destruc- in the records of the clerk of the United States district court for tion shall be furnished to the satisfaction of the Company.
the district in which the land is located. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (b) When liability and the extent of loss or damage (g) "unmarketability of the title": an alleged or apparent TERMINATION OF LIABILITY. has been definitely fixed in accordance with these Conditions
matter affecting the title to the land, not excluded or excepted In case of a claim under this policy, the Companv shall have and Stipulations, the loss or damage shall be payable within from coverage, which would entitle a purchaser of the estate or the following additional options: 30 days thereafter.
interest described in Schedule A to be released from the (a) To Pay or Tender Payment of the Amount of 13. SUBROGATION UPON PAYMENT
obligation to purchase by virtue of a contractual condi Insurance. requiring the delivery of marketable title. To pay or tender payment of the amount of insura OR SETTLEMENT.
under this policy together with any costs, attorneys' fees Whenece~me s Right of Subrogation. 0 Is 2. CONTINUATION OF INSURANCE AFTER expenses incurred by the insured claimant, which were Company shall have settled and paid a
CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or ten- claim under this policy, all right of subrogation shall vest in
fhecoverage of ttus Policy shau continue in force as of Date it of Nay reni and which ine i ompa.iy is uo;iyaieo iv fey. rzn unaffccted t'r an act the t"`LZ :d %a.; n of Policy in favor of an insured only so long as the insured Upon the exercise by the Company of this option, all liab'ir. The Company shall be subrogated to and be entitled to all
retains an estate or interest in the land, or holds an indebte and obligations to the insured under this policy, other than rights and remedies which the insured claimant would have ness secured by a purchase money mortgage given b make the payment required, shall terminate, including had against any person or property in respect to the claim
purchaser from the insured, or only so long as the insured sW liability or obligation to defend, prosecute, or continue a had this policy not been issued. If requested by the Com- have liability by reason of covenants of warranty made by the litigation, and the policy shall be surrendered to the Company pany, the insured claimant shall transfer to the Company all
insured in any transfer or conveyance of the estate or interest. for cancellation. rights and remedies against any person or property
This policy shall not continue in force in favor of any purchaser (b) To Pay or Otherwise Settle With Parties Other than necessary in order to perfect this right of subrogation. The from the insured of either (i) an estate or interest in the land, or the Insured or With the Insured Claimant. insured claimant shall permit the Company to sue, com-
(ii) an indebtedness secured by a purchase money mortgage (i) to pay or otherwise settle with other parties for or promise or settle in the name of the insured claimant and to given to the insured. in the name of an insured claimant any claim insured against use the name of the insured claimant in any transaction or
under this policy, together with any costs, attorneys' fees and litigation involving these rights or remedies. 3. NOTICE OF CLAIM TO BE GIVEN BY expenses incurred by the insured claimant which were If a payment on account of a claim does not fully cover the
INSURED CLAIMANT. authorized by the Company up to the time of payment and loss of the insured claimant, the Company shall be sub- which the shall notify the Company writin which the Company is obligated to pay; or rogated to these rights and remedies in the proportion which
y promptly in g (I) (ii) to pay or otherwise settle with the insured claim- the Company's payment bears to the whole amount of in case of any litigation asset forth in Section 4(a) below, (ii) in ant the loss or damage provided for under this policy, together the loss.
case knowledge shall come to an insured hereunder of any with any costs, attorneys' fees and expenses incurred by the If loss should result from any act of the insured claimant, claim of title or interest which is adverse to the title to the insured claimant which were authorized by the Company up to as stated above, that act shall not void this policy, but the
estate or interest, as insured, and which might cause loss or the time of payment and which the Company is obligated Company, in that event, shall be required to pay only that
damage for which the Company may be liable by virtue of this to pay. part of any losses insured against by this policy which shall policy, or (iii) if title to the estate or interest, as insured, is Upon the exercise by the Company of either of the options exceed the amount, if any, lost to the Company by reason of
rejected as unmarketable. If prompt notice shall not be given to provided for in paragraphs (b)(i) or (ii), the Company's obli- the impairment by the insured claimant of the Company's the Company, then as to the insured all liability of the Com- gations to the insured under this policy for the claimed loss or right of subrogation.
pany shall terminate with regard to the matter or matters for damage, other than the payments required to be made, shall (b) The Company's Rights Against non-insured which prompt notice is required; provided, however, that terminate, including any liability or obligation to defend, pros- Obligors.
failure to notify the Company shall in no case prejudice the ecute or continue any litigation. The Company's right of subrogation against non-
rights of any insured under this policy unless the Company insured obligors shall exist and shall include, without limita- shall be prejudiced by the failure and then only to the extent of 7. DETERMINATION, EXTENT OF LIABILITY tion, the rights of the insured to indemnities, guaranties,
the prejudice. AND COINSURANCE. other policies of insurance or bonds, notwithstanding any
4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual terms or conditions contained in those instruments which DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the insured provide for subrogation rights by reason of this policy.
claimant who has suffered loss or damage by reason of mat (a) Upon written request by the insured and subject to ters insured against by this policy and only tothe extent herein 14. ARBITRATION.
the options contained in Section 6 of these Conditions and described. Unless prohibited by applicable law, either the Company Stipulations, the Company, at its own cost and without unrea- (a) The liability of the Company under this policy shall or the insured may demand arbitration pursuant to the Title
sonable delay, shall provide for the defense of an insured in not exceed the least of: Insurance Arbitration Rules of the American Arbitration
litigation in which any third party asserts a claim adverse to (i) the Amount of Insurance stated in Schedule A; or, Association. Arbitrable matters may include, but are not the title or interest as insured, but only as to those stated (ii) the difference between the value of the insured limited to, any controversy or claim between the Company
causes of action alleging a defect, lien or encumbrance orother estate or interest as insured and the value of the insured and the insured arising out of or relating to this policy, any matter insured against by this policy. The Company shall have estate or interest subject to the defect, lien or encumbrance service of the Company in connection with its issuance or
the right to select counsel of its choice (subject to the right of insured against by this policy. the breach of a policy provision or other obligation. All the insured to object for reasonable cause) to represent the (b) In the event the Amount of Insurance stated in arbitrable matters when the Amount of Insurance is
insured as to those stated causes of action and shall not be Schedule A at the Date of Policy is less than 80 percent of the $1,000,000 or less shall be arbitrated at the option of either liable for and will not pay the fees of any other counsel. The value of the insured estate or interest or the full consideration the Company or the insured. All arbitrable matters when the
Company will not pay any fees, costs or expenses incurred by paid for the land, whichever is less, or if subsequent to the Date Amount of Insurance is in excess of $1,000,000 shall be
the insured in the defense of those causes of action which of Policy an improvement is erected on the land which in- arbitrated only when agreed to by both the Company and the allege matters not insured against by this policy. creases the value of the insured estate or interest by at least insured. Arbitration pursuant to this policy and under the
(b) The Company shall have the right, at its own cost, to 20 percent over the Amount of Insurance stated in Schedule A, Rules in effect on the date the demand for arbitration is made institute and prosecute any action or proceeding or to do any then this Policy is subject to the following: or, at the option of the insured, the Rules in effect at Date of
other act which in its opinion may be necessary or desirable to (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may establish the title to the estate or interest, as insured, or to pre- made, as to any partial loss, the Company shall only pay the include attorneys' fees only if the laws of the state in which
vent or reduce loss or damage to the insured. The Company loss pro rata in the proportion that the amount of insurance at the land is located permit a court to award attorneys' fees to
may take any appropriate action under the terms of this policy, Date of Policy bears to the total value of the insured estate or a prevailing party. Judgment upon the award rendered by the whether or not it shall be liable hereunder, and shall not interest at Date of Policy or thereby concede liability or waive any provision of this policy. Y (ii) where a subsequent Arbitrator(s) may be entered in any court having juris
If the Company shall exercise its rights under this paragraph, improvement has been made, as to any partial lass, the Com- diction thereof.
it shall do so diligently. pany shall only pay the loss pro o rata in the proportion that 120 The laws of the State of Oregon shall apply to an arbitra- (c) Whenever the Company shall have brought an percent of the Amount of Insurance stated in Schedule A bears tion,
action c) interposed a defense as required or permitted by the to the sum of the Amount of Insurance stated in Schedule A and A copy of the Rules may be obtained from the Company the
provisions of this policy, the Company may pursue any litiga- amount expended for the improvement. upon request. tion to final determination by a court of competent jurisdiction The provisions of this paragraph shall not apply costs,
and expressly reserves the right, in its sole discretion, to attorneys'fees and expenses for which the Company is liable 15. LIABILITY LIMITED TO THIS POLICY; appeal from any adverse judgment or order. under this policy, and shall only apply to that portion of any POLICY ENTIRE CONTRACT.
loss which exceeds, in the aggregate, 10 percent of the (d) In all cases where this policy permits or requires the Amount of Insurance stated in Schedule A. {a) This policy together with all endorsements, if any, Company to prosecute or provide for the defense of any action {c) The Company attorne'fees attached hereto by the Company is the entire policy and con-
or proceeding, the insured shall secure to the Company the will pay only those costs attorneys 'fees between the insured and the Company. In interpreting
ri ht to so rosecut insured defense in the action or he and expenses incurred in accordance with Section 4 of these any provision of this policy, this policy shall be construed as g p provide pro- Conditions and Stipulations. whole. ceeding, and all appeals therein, and permit the Company to a
use, at its option, the name of the insured for this purpose. 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not based Whenever requested by the Company, the insured, at the Com- on negligence, and which arises out of the status of the title
pany's expense, shall give the Company all reasonable aid (i) If the land described in Schedule (A)(C) consists of two or to the estate or interest covered hereby or by any action as- in any action or proceeding, securing evidence, obtaining wit- more parcels which are not used as a single site, and a loss is serting such claim, shall be restricted to this policy.
nesses, prosecuting or defending the action or proceeding, or established affecting one or more of the parcels but not all, the (c) No amendment of or endorsement to this policy effecting settlement, and (ii) in any other lawful act which in loss shall be computed and settled on a pro rata basis as if the can be made except by a writing endorsed hereon or
the opinion of the Company may be necessary or desirable to amount of insurance under this policy was divided pro rata as attached hereto signed by either the President, a Vice Presi-
establish the title to the estate or interest as insured. If the to the value on Date of Policy of each separate parcel to the dent, the Secretary, ar. Assistant Secretary, or validating Company is prejudiced by the failure of the insured to furnish whole. exclusive of any improvements made subsequent to officer or authorized signatory of the Company.
the required cooperation, the Company's obligations to the Date of Policy, unless a liability or value has otherwise been insured under the policy shall terminate, including any liability agreed upon as to each parcel by the Company and the insured 16. SEVERABILITY.
or obligation to defend, prosecute, or continue any litigation, at the time of the issuance of this policy and shown by an ex- In the event any provision of the policy is held invalid or with regard to the matter or matters requiring such cooperation. press statement or by an endorsement attached to this policy. unenforceable under applicable law, the policy shall be
9. LIMITATION OF LIABILITY. deemed not to include that provision and all other provisions 5. PROOF OF LOSS OR DAMAGE. shall remain in full force and effect. In addition to and after the notices required under Section 3 (a) If the Company establishes the title, or removes the
of these Conditions and Stipulations have been provided the alleged defect, lien or encumbrance, or cures the lack of a right 17. NOTICES, WHERE SENT.
Company, a proof of loss or damage signed and sworn to by the of access to or from the land, or cures the claim of unmarket- All notices required to be given the Company and insured claimant shall be furnished to the Company within 90 ability of title, all as insured, in a reasonably diligent manner by any statement in writing required to be furnished the
days after the insured claimant shall ascertain thefacts giving any method, including litigation and the completion of any Company shall be addressed to it at is main office at rise to the loss or damage. The proof of loss or damage shall appeals therefrom, it shall have fully performed its obligations 200 S.W Market. Suite 250.Portland. Oregon 97201-
describe the defect in, or lien or encumbrance on the title, or with respect to that matter and shall not be liable for any loss 5730. or to the office which issued this policy. other matter insured against by this policy which constitutes or damage caused thereby.
SCHEDULE A
Policy No.: 373408
Amount of Insurance: $240,000.00 Premium: $805.00
Date of Policy: April 5, 1991 at 3:39 PM
1. Name of Insured:
CITY OF TIGARD, a municipal corporation, its successors and
assigns as defined in Paragraph 1(a) of the Conditions and
Stipulations of this policy.---
2. The estate or interest in the land which is covered by this
policy is:
The fee simple estate---
3. Title to the estate or interest in the land is vested in:
CITY OF TIGARD,
a municipal corporation---
4. The land referred to in this policy is described as follows:
For legal description see Exhibit "A" attached hereto---
PAGE 1 of Policy (1987) No. 373408
EXHIBIT "A"
A tract of land in the East half of Section 2, Township 2 South,
Range 1 West of the Willamette Meridian, in the City of Tigard,
County of Washington and State of Oregon, described as follows:
Beginning at the Northeast corner of that tract of land described
in Deed to Edwin J. Johnston recorded November 17, 1922 in Book
125, page 66, Washington County Deed Records; thence North 89°
West 7.73 chains to a stake; thence North 1030' East 8 rods;
thence East to the center of S.W. Burnham Street; thence Easterly
and Southerly along the center of S.W. Burnham Street and along
the center of S.W. Hall Blvd., State Highway No. 141 (formerly
State Highway No. 217) to the place of beginning.
EXCEPT the West 200 feet thereof.---
PAGE 2 of Policy (1987) No. 373408
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, (and the
Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Taxes or assessments which are not shown as existing liens by
the records of any taxing authority that levies taxes or
assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by
the public records but which could be ascertained by an
inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, encumbrances, or claims thereof, not shown by the
public records, unpatented mining claims, reservations or
exceptions in patents or in acts authorizing the issuance
thereof, water rights, claims or title to water.
4. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose.
6. Statutory Powers and Assessments of Unified Sewerage Agency.
Note: There are none as of the date of this policy.
7. The rights of the public in and to that portion of the premises
herein described lying within the limits of roads, streets and
highways.
8. Agreement, including the terms and provisions thereof,
Dated February 1, 1979
Recorded February 6, 1979 as Fee No. 79004972
Between Lothar E. Schramm and R. Dean Schmitz and Dorothy
Schmitz
For Sewer lines
PAGE 3 of Policy (1987) No. 373408
SCHEDULE B (Continued)
The interests of R. Dean Schmitz and Dorothy Schmitz in the above
agreement were assigned by instrument
Dated April 5, 1991
Recorded April 5, 1991 as Fee No. 91016459
To City of Tigard, a municipal corporation of the
State of Oregon, its successors and assigns
9. Unrecorded leases or periodic tenancies, if any.
PAGE 4 of Policy (1987) No. 373408
THIS MAP IS FUR! 13 AS A CONVENIENCE IN LOCATING PROPE 4N0 1 HL WMPANY
` wee ASSUMES NO LIABIu 1Y FOR ANY VARIATIONS AS MAY BE DISCLOSELJ BY ACTUAL SURVEY
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In urum*d Dusi vas nome o/ TITLE INSUPANCE COMPANY OF OREGON
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1700 S.W FOURTH AVE. PORTLAND. OR 97201 5511
503) 222 :1651
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First Ar..erican Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
® BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
April 08, 1991
KENNETH M. ELLIOTT, ESQ.
O'DONNELL, RAMIS, et al
1727 NW HOYT
PORTLAND, OR 97209
Subject: Escrow No.: 9051033
Seller: SCHMITZ, R. DEAN AND DOROTHY
Buyer: THE CITY OF TIGARD
Dear Mr. Elliott:
I am enclosing the following documents regarding the above referenced
transaction.
1 - Buyer's and Seller's escrow instructions
2 - Buyer's final closing statement
3 - Executed Statutory Warranty Deed
4 - Original executed Promissory Note
5 - Original executed Agreement for Sale & Purchase
Please review the above documents and let me know if there is anything
futher that you need. Tom Tough, the escrow officer is on vacation if you
have any questions or would like any additonal documents, please let me
know.
Thank you.
Very truly yours,
First American Title Insurance
Company of Oregon
LINCOLN-)TOWER
z
Rochelle E. Cuellar
Escrow Assistant
S C A M E R
C
"2 First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
® BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
April 08, 1991
City Of Tigard
13125 S.W. Hall Blvd
P.O. Box 23397
Tigard, OR 97223
Re: R. Dean & Dorothy Schmitz to City of Tigard
Property Address: 8720 SW BURNHAM ST
TIGARD, OR 97223
Dear Mr. Patrick J. Reilly
In connection with the above referenced escrow, we enclose the following:
(X) Escrow Closing Statement (Estimated & Final)
(X) Our Check No. 49950 in the sum of $19.72
(X) Statutory Warranty Deed form Schmitz to City of Tigard
Records of Washington County
(X) Buyer & Seller Executed escrow instrutions
(X) Note Dated February 7th in the sum of $5,000.00
(X) Copy of the Agreement for Sale & Purchase
If you have occasion to call or refer to this escrow, please use the
escrow number shown above. It has been a pleasure to have been of service
to you in this matter and we trust you will find the enclosed to be in
order. The Escrow officer Tom Tough is on vacation for the next two weeks
should you need anything further please contact the undersigned.
Sincerely,
First American Title Insurance
Company regon
LINCO TOWER
Rochelle E. Cuellar
Escrow Assistant
AMEkICy
First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
BUYER'S CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9051033
THE CITY OF TIGARD, OREGON Escrow Officer: THOMAS E. TOUGH
Date: April 04, 1991
Title Order No: 373408
Property Purchased From: R. DEAN SCHMITZ DOROTHY SCHMITZ
Property Address: 8720 SW BURNHAM ST TIGARD, OR 97223
ITEMS DEBITS CREDITS
TOTAL CONSIDERATION 240,000.00
PRORATIONS/ADJUSTMENTS FROM TO
TAX ACCOUNT key no. 468005
FOR TAX YEAR AT $4,664.38 04/05/91 07/01/91 1,111.78
TITLE CHARGES - FIRST AMERICAN TITLE INSURANCE CO.
RECORDINGS
CONVEYANCE/DEED 38.00
TRANSFER TAX 120.00
ASSIGNMENT RECORDING 18.00
ESCROW CHARGES - FIRST AMERICAN TITLE
ESCROW FEE 192.50
BALANCE DUE ESCROW 241,480.28
TOTALS 241,480.28 241,480.28
THE CITY OF TIGARD, OREGON
Cer ified to/ /e :a T ue a~xact Copy
Delivered to Buyer and/or Seller.
Escrow Officer: THOMAS TOUGH
LINCOLN TOWER
Recording Date: ESTIMATED FOR 4/5/91
r.
~S•t A M E R
First American Title Insurance Company of Oregon
z An assumed business name of TITLE INSURANCE COMPANY OF OREGON
jgvk~'
L~ WASHINGTON COUNTY OFFICES
" a BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
SELLER'S CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9051033
R. DEAN SCHMITZ Escrow Officer: THOMAS E. TOUGH
DOROTHY SCHMITZ Date: April 05, 1991
Title Order No: 373408
Property Sold To: THE CITY OF TIGARD, OREGON
Property Address: 8720 SW BURNHAM ST TIGARD, OR 97223
ITEMS DEBITS CREDITS
TOTAL CONSIDERATION 240,000.00 r
PRORATIONS/ADJUSTMENTS FROM TO
TAX ACCOUNT key no. 468005
FOR TAX YEAR AT $4,664.38 04/05/91 07/01/91 1,111.78
TITLE CHARGES - FIRST AMERICAN TITLE INSURANCE CO.
OWNERS STANDARD POLICY FOR $240,000.00 805.00
RECORDINGS
CONVEYANCE/DEED 38.00
TRANSFER TAX 120.00
GOVERNMENT SERVICE CHARGE 15.00
ESCROW CHARGES - FIRST AMERICAN TITLE
ESCROW FEE 192.50
DOCUMENT PREPARATION FEE 7.50
LENDER CHARGES
LOAN PAYOFF TO: Harold E. Reoh and Blenda Reoh
PRINCIPAL AMOUNT OF LOAN 24,550.55
PER DIEM @ $5.50
FROM 04/02/91 TO 04/10/91 44.00
TOTAL LOAN PAYOFF 24,594.55
BALANCE DUE YOU 215,339.23
TOTALS 241,111.78 241,111.78
R. DEAN SCHMITZ DOROTHY SCHMITZ
Certified to be a True and Exact Copy
Delivered to Buyer and/or Seller.
~A
l/
Escrow Officer: THOMAS 0 GH
LINCOLN TOWER
Recording Date: APRIL 5, 1991
FINAL SETTLEMENT STATEMENT
SST nMER~c
4 L
_ First American Title Insurance Company of Oregon
: An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
® BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
BUYER'S CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9051033
THE CITY OF TIGARD, OREGON Escrow Officer: THOMAS E. TOUGH
Date: April 05, 1991
Title Order No: 373408
Property Purchased From: R. DEAN SCHMITZ DOROTHY SCHMITZ
Property Address: 8720 SW BURNHAM ST TIGARD, OR 97223
ITEMS DEBITS CREDITS
TOTAL CONSIDERATION 240,000.00
ADDITIONAL DEPOSITS TO ESCROW 241,500.00
PRORATIONS/ADJUSTMENTS FROM TO
TAX ACCOUNT key no. 468005
FOR TAX YEAR AT $4,664.38 04/05/91 07/01/91 1,111.78
TITLE CHARGES - FIRST AMERICAN TITLE INSURANCE CO.
RECORDINGS
CONVEYANCE/DEED 38.00
TRANSFER TAX 120.00
ASSIGNMENT RECORDING 18.00
ESCROW CHARGES - FIRST AMERICAN TITLE
ESCROW FEE 192.50
BALANCE DUE YOU 19.72
TOTALS 241,500.00 241,500.00
THE CITY OF TIGARD, OREGON
Certified to be a True and Exact Copy
Delivered to Buyer and/or Seller.
Escrow Officer: THOMAS E.~ OUGH
LINCOLN TOWER
Recording Date: APRIL 5, 1991
k
FINAL SETTLEMENT STATEMENT
S~ A M E A 10 First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
ESCROW INSTRUCTIONS to FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
ESCROW NO. 9051033
SELLER R. DEAN SCH_MITZ, DOROTHY SCHMTTZ
BUYER THE CITY OF TIGARD, OREGON
PROPERTY ADDRESS: 8720 SW BURNHAM ST. TIGARD. OR 97223
PROPERTY DESCRIPTION: COMMONLY KNOWN AS 8720 SW BURNHAM ST. TIGARD OR 97223
THROUGHOUT THESE INSTRUCTIONS, ITEMS LEFT BLANK OR NOT MARKED (X) ARE NOT APPLICABLE.
I/We hereby agree to and instruct First American Title Insurance Company of Oregon, escrow agent, hereinafter
called First American, as to the following:
Buyer's 1. The ATTACHED CLOSING STATEMENTS are made a part of these instructions as if fully set Seller's
Initial forth herein. Certain items shown on the closing statements are estimates only and the final Initial
figures may be adjusted to accommodate exact amounts required at the time of
disbursement.
l 2. The undersigned have read and approved a title report covering real property situated in the
County of WASHINGTON , State of Oregon, as described in FIRST AMERICAN
TITLE INSURANCE CO. preliminary title report N0.373408 dated 02/14/91 ,
3. All terms and provisions of the earnest money agreement, amendments or addenda thereto,
have been complied with to the complete satisfaction of the undersigned parties or will be ~I
complied with outside of escrow. QY
4. In all acts in this escrow relating to fire insurance, including adjustments, if any, First
American shall be fully protected in assuming that each policy is in force and that the
necessary premium therefor has been paid.
5. It is understood that any unpaid fuel, utility charges including service installation or
connection charges for sewer, water or electricity will be adjusted between seller and buyer
outside this escrow.
;r
6. Any and all documents that have been prepared by escrow at the parties' request have been
reviewed and approved as to content and form by the seller and buyer.
7. ❑ The underlying encumbrance(s) shown on the title report (which encumbrances shall
continue as liens against the Property after the close of escrow) may contain terms and
provisions that permit the security holder, e.g., the mortgagee, to exercise certain rights,
e.g., the right to accelerate payment of the debt. The seller and buyer has been requested by
escrow to review these documents and seek legal advice, and the buyer and seller hereby
relieve and hold harmless First American from any and all claims, suits, demands, damages,
n expenses, including attorney fees, or causes of action arising out of the security holder's - a exercise of the rights contained in the terms and provisions of the encumbrance. n a
n /a. 8. ❑ Attached herewith are supplemental escrow instructions. n /a
9. First American, as escrow agent, receives certain benefits as a result of escrow deposits in
our escrow trust account. These benefits provide banking services and accounting and
computer services. On the average, these benefits amount to approximately $30.00 per
h 4TyS~ER escrow. These in kind benefits, which support escrow operations and various costs
associated with compliance with state escrow regulations, are utilized to offset the need for
higher escrow rates.
agent will hand you herewith the following to effect transfer or conveyance of above property to buyer:
DEED AND ASSIGNMENT OF SEWER LINES EXECUTED IN FAVOR OF THE PURCHASER
HEREIN, APPROVAL OF DISBURSEMENTS AS PER CLOSING STATEMENT, AFFIDAVIT FOR
FINANCING STATEMENTS & UNRECORDED LEASES, & IRS 1099 FORM.
BUYER/BORROWER or agent will hand you herewith the following to effect transfer or conveyance of above
property from the seller:
APPROVAL OF DISBURSEMENTS AS PER CLOSING STATEMENT AND FUNDS NECESSARY TO CLOSE.
ESCROW NO.9051033 Page 2
When you are in receipt of all of the above, you are instructed to record the documents and disburse funds in
accordance with these instructions, and in accordance with the attached closing statements as adjusted. All
disbursements shall be made by your check or checks. The balance remaining to be paid to:
R. DEAN SCHMITZ DOROTHY SCHMITZ
You are authorized and Instructed to Issue the specified title insurance policy or policies, In the specified amounts,
to-wit:
OWNER'S $ 240, 000.00 MORTGAGEE'S $
PURCHASER'S $ ALTA MORTGAGEE'S $
Showing title vested in: CITY OF IG RD, OREGON, an Oregon municipal corporation
Insuring the interest of ciTy OF TI RD, OREGON, an Oregon municipal corporation, as owner
free and clear of encumbrances, except building and use restrictions, easements, zoning and building laws and
ordinances, if any, printed conditions and exceptions contained in form of title insurance policy herein provided for,
ands, 3&5
You are to prorate as of the following date: recording . Please refer to the closing statement attached hereto.
The above date is: a
❑ pursuant to the earnest money agreement dated
❑ thereby amending the earnest money agreement dated
Miscellaneous Instructions:
RENTAL AGREEMENTS AND PREPAID RENTS, IF ANY, WILL BE HANDLED OUTSIDE OF ESCROW.
BUY IN TIALS SELLER INITIALS
ase
The expression "Close of Escrow" means the date on which instruments referred to herein are filed for record.
u
The principals herein agree to pay any charges, advances and expenses that are properly chargeable to them. At the close of escrow you are
to mail all documents, etc. to the persons entitled thereto. You are to furnish a copy of these instructions, amendments thereto, closing
statements and/or any other document deposited in this escrow to the lender or lenders and/or the real estate broker or brokers Involved in
this transaction upon request of such lenders or brokers. This Is declared to be the essence of these instructions. Any amendment of and/or
supplement to these Instructions must be in writing. These instructions constitute the entire escrow between the escrow holder and the parties
hereto.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the
rights of any of the parties thereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or
all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages,
judgments, and expenses including reasonable attorney fees, suffered or Incurred by you in connection with, or arising out of this escrow,
t including, but without limlting the generality of the foregoing, a suit in Interpleader brought by you.
i;l These instructions are effective until may 08,19 91 ranclthereafter u less-revoked-by-w ittefldemand
1 actorl-to-you-and-in accordance-with~eazw"f the-Stata-of-Oregon.
I I Q AND WILL EXPIRE AUTOMATICALLY UNLESS EXTENDED BY WRITTEN DEMAND AND AUTHORIZATION
®0 IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW
Init INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE
X_- GREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW
RANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL TERMS OF THE AGREEMENT WHICH IS
THE SUBJECT TO THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM
UNLESS THEY ARE ACCEPTABLE TO YOU.
Dated this 41- day of rl L 19 cl
S LLE .
DOROT SCHMI
Addre s:21465 SW RAMRT.TN, REcK RD SHERWOOD- OR 97140
BUYER:
THE CITY OF IGARD OREGON'
~ - c'
Address: 7 G-RD OR 97923
_E 0. Bf~ 2339 / TI(
f
We h r by acknowledge receipt of the above money, documents and instructions, this K day of 10,CI L,
Please
I t a119--- o /
X First American Title Insurance Company of Oregon By L ~J
THOMAS E. TOUGH LINGO OW89jow Officer
ON TO YOU AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF OR *S .
r~ ~
Q S A M E R C
First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
® BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 541-7000 (503) 244-8323 (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
ESCROW INSTRUCTIONS to FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
ESCROW NO. 9051033
SELLER R. DEAN S . MT , DOROTHY SC MIT .
BUYER THE CITY OF TIGARD, OREGON
i
PROPERTY ADDRESS: 8720 SW BURNHAM ST. TIGARD. OR 97223
PROPERTY DESCRIPTION: COMMONLY KNOWN AS 8720 SW BURNHAM ST. TIGARD OR 97223
THROUGHOUT THESE INSTRUCTIONS, ITEMS LEFT BLANK OR NOT MARKED.(X) ARE NOT APPLICABLE.
I/We hereby agree to and instruct First American Title Insurance Company of Oregon, escrow agent, hereinafter
called First American, as to the following:
Buyer's 1. The ATTACHED CLOSING STATEMENTS are made a part of these instructions as if fully set Seller's
Initial forth herein. Certain items shown on the closing statements are estimates only and the final Initial
figures may be adjusted to accommodate exact amounts required at the time of
disbursement.
2. The undersigned have read and approved a title report covering real property situated in the
County of WASHINGTON , State of Oregon, as described in FIRST AMERICAN
TITLE INSURANCE CO. preliminary title report N0.373408 dated 02/14J91
3. All terms and provisions of the earnest money agreement, amendments or addenda thereto,
have been complied with to the complete satisfaction of the undersigned parties or will be
complied with outside of escrow.
4. In all acts in this escrow relating to fire insurance, including adjustments, if any, First
American shall be fully protected in assuming that each policy is in force and that the
necessary premium therefor has been paid.
5. It is understood that any unpaid fuel, utility charges including service installation or
connection charges for sewer, water or electricity will be adjusted between seller and buyer
outside this escrow.
6. Any and all documents that have been prepared by escrow at the parties' request have been
reviewed and approved as to content and form by the seller and buyer.
7. ❑ The underlying encumbrance(s) shown on the title report (which encumbrances shall
continue as liens against the Property after the close of escrow) may contain terms and
provisions that permit the security holder, e.g., the mortgagee, to exercise certain rights,
e.g., the right to accelerate payment of the debt. The seller and buyer has been requested by
escrow to review these documents and seek legal advice, and the buyer and seller hereby
relieve and hold harmless First American from any and all claims, suits, demands, damages,
expenses, including attorney fees, or causes of action arising out of the security holder's
n a exercise of the rights contained in the terms and provisions of the encumbrance. n a
n /a g, ❑ Attached herewith are supplemental escrow instructions. n /a
9. First American, as escrow agent, receives certain benefits as a result of escrow deposits in
our escrow trust account. These benefits provide banking services and accounting and
computer services. On the average, these benefits amount to approximately $30.00 per
escrow. These in kind benefits, which support escrow operations and various costs
associated with compliance with state escrow regulations, are utilized to offset the need for
higher escrow rates.
SELLER or agent will hand you herewith the following to effect transfer or conveyance of above property to buyer:
WARRANTY DEED AND ASSIGNMENT OF SEWER LINES EXECUTED IN FAVOR OF THE PURCHASER
HEREIN, APPROVAL OF DISBURSEMENTS AS PER CLOSING STATEMENT, AFFIDAVIT FOR
FINANCING STATEMENTS & UNRECORDED LEASES, & IRS 1099 FORM.
BUYER/BORROWER or agent will hand you herewith the following to effect transfer or conveyance of above
property from the seller:
APPROVAL OF DISBURSEMENTS AS PER CLOSING STATEMENT AND FUNDS NECESSARY TO CLOSE.
ESCROW NO 9051033 Page 2
When you are in receipt of all of the above, you are instructed to record the documents and disburse funds in
accordance with these instructions, and in accordance with the attached closing statements as adjusted. All
disbursements shall be made by your check or checks. The balance remaining to be paid to:
R. DEAN SCHMITZ DOROTHY SCHMITZ
You are authorized and instructed to issue the specified title insurance policy or policies, in the specified amounts,
to-wit:
OWNER'S $ 240, 000.00 MORTGAGEE'S $
PURCHASER'S $ ALTA MORTGAGEE'S $
Showing tide vested in: CITY OF TIG RD, OREGON, an Oregon municipal corporation
Insuring the Interest of CITY OF TIGAgp OREGON, an Oregon municipal corporation, as owner
free and clear of encumbrances, except building and use restrictions, easements, zoning and building laws and
ordinances, If any, printed conditions and exceptions contained in form of title insurance policy herein provided for,
and 2. 3 & 5
You are to prorate as of the following date: recording . Please refer to the closing statement attached hereto.
The above date is:
❑ pursuant to the earnest money agreement dated
❑ thereby amending the earnest money agreement dated
Miscellaneous Instructions:
RENTAL AGREEMENTS AND PREPAID RENTS, IF ANY, WILL BE HANDLED OUTSIDE OF ESCROW.
BUYER INITIALS SELLER INITIALS
The expression "Close of Escrow" means the date on which instruments referred to herein are filed for record.
The principals herein agree to pay any charges, advances and expenses that are properly chargeable to them. At the close of escrow you are
to mail all documents, etc. to the persons entitled thereto. You are to furnish a copy of these Instructions, amendments thereto, closing
statements and/or any other document deposited In this escrow to the lender or lenders and/or the real estate broker or brokers Involved In
this transaction upon request of such lenders or brokers. This Is declared to be the essence of these Instructions. Any amendment of and/or
supplement to these Instructions must be In writing. These Instructions constitute the entire escrow between the escrow holder and the parties
hereto.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the
rights of any of the parties thereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or
all further acts on your part until such conflict Is resolved to your satisfaction, and you shall have the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages,
judgments, and expenses Including reasonable attorney fees, suffered or Incurred by you In connection with, or arising out of this escrow,
Including, but without limiting the generality of the foregoing, a suit in interpleader r ught b ou.
wi~iexpire automatni~~p~aAly
These Instructions are effective until May 08, 19 91 and/thereafter, unlesslie+~cliy written demand
and authorization satisfactory to you and in accordance with the laws of the State of Oregon.
IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW
INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE
AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW
TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL TERMS OF THE AGREEMENT WHICH IS
THE SUBJECT TO THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM
UNLESS THEY ARE ACCEPTABLE TO YOU.
Dated this day of .19.
SELLER:
R. DEAN SCHMITZ
DOROT SCHMITZ
Address: 21465 SW AMBT.TN' Ec.K D , sHERWOOD, OR 97140
BUYER:
THE CITY OF TIGARD, OREGON
Address: P.O. Box 23397 TTGA`RD OR 9722'
We hereby acknowledge receipt of the above money, documents and instructions, this day of
19
First American Title Insurance Company of Oregon By
THOMAS E. TOUGH LINCOLN TOT+ERrow Officer
S C AM E A I C
First American Title Insurance Company of Oregon
An assumed business name of TITLE INSURANCE COMPANY OF OREGON
WASHINGTON COUNTY OFFICES
BEAVERTON LINCOLN TOWER TANASBOURNE
4650 S.W. Griffith Dr., Suite 100 10260 S.W. Greenburg Rd. Suite 170 2554 N.W. 185th Ave.
Beaverton, Oregon 97005-8720 Portland, OR 97223 Portland, Oregon 97229-3579
(503) 641-7000 (503) 244-8323 . (503) 645-0320
FAX (503) 627-0921 FAX (503) 244-8377 FAX (503) 645-6351
BUYER'S CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9051033
THE CITY OF TIGARD, OREGON Escrow Officer: THOMAS E. TOUGH
Date: April 03, 1991
Title Order No: 373408
Property Purchased From: R. DEAN SCHMITZ DOROTHY SCHMITZ
Property Address: 8720 SW BURNHAM ST TIGARD, OR 97223
ITEMS DEBITS CREDITS
TOTAL CONSIDERATION 240,000.00
PRORATIONS/ADJUSTMENTS FROM TO
TAX ACCOUNT key no. 468005
FOR TAX YEAR AT $4,664.38 04/08/91 07/01/91 1,073.44
TITLE CHARGES - FIRST AMERICAN TITLE INSURANCE CO.
RECORDINGS
CONVEYANCE/DEED 38.00
TRANSFER TAX 120.00
ASSIGNMENT RECORDING 18.00
ESCROW CHARGES - FIRST AMERICAN TITLE
ESCROW FEE 192.50
BALANCE DUE ESCROW 241,441.94
TOTALS 241,441.94 241,441.94
THE CITY OF TIGARD, OREGON
Certified to be a True and Exact Copy
Delivered to Buyer and/or Seller.
Escrow Officer: THOMAS E. TOUGH
LINCOLN TOWER
Recording Date: ESTIMATED FOR 4/8/91
A M E 1? 91016458
Q y Washington County
~ L
STATUTORY WARRANTY DEED 91019636
Washington County
R. DEAN SCHMITZ AND DOROTHY SCHMITZ, husband and wife
Grantor,
conveys and warrants to CITY OF TIGARD, OREGON, an Oregon municipal corporation
Grantee,
`f! the following described real property free of liens and encumbrances, except as specifically set forth herein:
SEE ATTACHED DESCRIPTION "EXHIBIT A".
This Warranty Deed is being re-recorded to correct the legal decription
recorded tty
hlrst American Title Insura.-;ce C~r~Uany sf Oregu;
11A 3 a 4- 1
This property is free of liens and encumbrances, EXCEPT: Statutory Powers and Assessments of
the Unified Sewerage Agency; The rights of the public in and to that portion of
the premises lying within the limits of roads, streets and highways; and An
Agreement recorded as fee no. 79004972.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.
The true consideration for this conveyance is $ 240,000.00 (Here comply with the requirements of ORS 93.030)
Dated this h day of APR t L 199
R. DEAN SCHMIT DORO HY SC TZ
STATE OF OREGON
County of WASHINGTON }ss.
BE IT REMEMBERED, That on this 1t-k day of /4 P K t l_ , 19 9 before me, the
undersigned, a Notary Public in and for said County and State, personally appeared the within named
R. Dean Schmitz and Dorothy Schmitz
known to me to be the identical individual described in and who executed the within instrument and acknowledged to
me that THEY executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above
written.
Or FiCIAL `TEAL
T.-! ^ ~r"S IL-. 101JASN
NO r,v t uB c o,awN
\ k
Public or Oregon.
My Commission expires
Illy
Title Order No. 373408
Escrow No. 9051033 THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to:
THE CITY OF TIGARD
P.O. BOX 23397
TIGARD OR 97223
Name, Address, Zip
Until a change is requested all tax statements shall be sent
to the following address.
THE CITY OF TIGARD
P 0 BOX 2339
TIGARD OR 9 223
Name, Address, Zip /r
i
Order No. 373408
EXHIBIT "A"
A tract of land in the East half of Section., Township 2 South,
Range 1 West of the Willamette Meridian, in the City of Tigard,
County of Washington and State of Oregon, described as follows:
Beginning at the Northeast corner of that tract of land described
in Deed to Edwin J. Johnston recorded November 17, 1922 in Book
125, page 66, Washington County Deed Records; thence North 89°
West 7.73 chains to a stake; thence North 1°30' East 8 rods;
thence East to the center of S.W. Burnham Street; thence Easterly
and Southerly along the center of S.W. Burnham Street and along
the center of State Highway No. 217 to the place of beginning.
EXCEPT the West 200 feet thereof.
i
STATE OF OREGON l
County of Washington / SS ¢
f
i, Jerry R. Hanson, Director of Amassment
and Taxation and Ex-Off icio Reco; er of Con-
veyances for said county, do heresy certify that
the within instrument of writ was received
and recorded in book of recgfds of said county.
.d'
Jerry Ry' Hanson, Director of
Asses offient and Taxation, Ex-
Off County Clerk
r
04,
1991 APR -5 PH 3= 39
i
EXHIBIT "A"
A tract of land in the East half of Section 2, Township 2 South,
Range 1 West of the Willamette Meridian, in the City of Tigard,
County of Washington and State of Oregon, described as follows:
Beginning at the Northeast corner of that tract of land described
in Deed to Edwin J. Johnston recorded November 17, 1922 in Book
125, page 66, Washington County Deed Records; thence North 89°
West 7.73 chains to a stake; thence North 1°30' East 8 rods;
thence East to the center of S.W. Burnham Street; thence Easterly
and Southerly along the center of S.W. Burnham Street and along
the center of S.W. Hall Blvd., State Highway No. 141 (formerly
State Highway No. 217) to the place of beginning.
EXCEPT the West 200 feet thereof.---
AL
STATE OF OREGON
County of Washington SS
I, Jerry R. Hanson, Director of Assessment
and Taxation and Ex-Off icio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Jerry R. Hanson, Director of
Assessment and Taxation. Ex.
Officio County Clerk
Doc : 910:19636
Rect: 52904 23.00
04/22/1991 10:43:04AM
PAGE 2 of Policy (1987) No. 373408
O'DC,_ i,;ELL, R.AMIS, CREW & COrkIGAN
r40- <
JEFF H. BACHRACH ATTORNEYS AT LAW BALI & WRIGHT BUILDING CLACKAMAS COUNTY OFFICE
CHARLES E. CORRIGAN* 1727 N.W Hoyt N.W. Hoyt Stmt 181 N. Grant, Suite 202
172
STEPHEN F. CREW Portland, Oregon 97209 Canby,
( 03)Oregon 6 1149 13
CHARLES M. GREEFF
WILLIAM A. MONAHAN TELEPHONE: (503) 2224402
NANCY B. MURRAY FAX: (503) 243-2944
MARK P. O'DONNELL JAMES M. COLEMAN
TIMOTHY V. RAMIS PLEASE REPLY TO PORTLAND OFFICE KENNETH M. ELLIOTT
SHEILA C. RIDGWAY* GARY M. GEORGEFF*
MICHAEL C. ROBINSON** ROBERT J. McGAUGHEY*
WILLIAM J. STALNAKER May 24, 1991 special counsel
*ALSO ADMrrrW M PRAMM IN SMS OF WASHMMN
-ALSO ADWrnW TO MAO= N W5 DN
Ms. Cathy Wheatley
City Clerk
City of Tigard
P. O. Box 23397
Tigard, Oregon 97223
Re: City of Tigard - Schmitz, R. Dean and Dorothy
Dear Cathy:
I have enclosed the original Assignment from Mr. and Mrs.
Schmitz of their interest in the Schramm sewer line. The
Assignment was recorded on April 5, 1991, as Washington County
Recorder's Fee No. 91016459. Please file the Assignment in the
same place that the original deed from Mr. and Mrs. Schmitz to the
City of Tigard is being kept. Thank you.
Sincerely yours,
O' ONNEL , RA#IIS, CREW & CORRIGAN
rrl1 s /i,/~ J
I;!
KAh Elliott
KME/jjs
Enclosure
cc: Patrick Reilly (w/enc)
tae\90024\7\ckrUt
r7 -IF", '
rip,
MAY 2 8 1991
ULL_3 i, :,'~.I
Eli
91016459
Washington County
A S S I G N M E N T
Reference is hereby made to that certain Agreement (herein-
after "the Agreement") dated February 1, 1979 and recorded
February 6, 1979 as Fee No. 79004972, Real Property Records of
Washington County, Oregon, wherein the parties are Lothar E.
Schramm and R. Dean Schmitz and Dorothy Schmitz. The Agreement
7>4 governs the Schmitz' connection to and use of a certain sewer
line which is located upon certain real property then owned by
Schramm.
1
For valuable consideration, receipt and sufficiency of which
~i are acknowledged, R. Dean Schmitz and Dorothy Schmitz hereby
II assign, convey and transfer to City of Tigard, a municipal
corporation of the State of Oregon, its successors and assigns,
all of their right, title and interest in the Agreement and in
the sewer line (including but not limited to the use thereof),
effective upon their execution of this instrument. Mr. and Mrs.
c= Schmitz represent and warrant that they have the full right,
power, legal capacity and authority to ke and execute this
Assignment, no approval or consent o ny other person is
necessary in connection herewith, and e c nsideration required
by the Agreement has been paid in full.
Dated this SUN day of April, 1 1.
Td n i ~ R. DEAN SCHMITZ DORO SCHMITZ
-,'t
STATE OF OREGON
ss:
County of Washington )
The foregoing instrument was acknowledged before me on the
day of April, 1991 by R. Dean Schmitz and Dorothy Schmitz.
Notary ublic for Oregon
My commission expires:
y~ Ztp ( ~f
STATE OF OREGON ll
AFTER R$CORDING RETURN TO: County of Washington 1 SS
KeoY eth M. Elliott I, Jerry R. Hanson, Director of Assessment
and Taxation and Ex-Off icio Recorder of Con-
1727 N. W. Hoyt Street veyances for said county; do hereby certify that
Portland, OR 97209 the within instrument of writing was received
and recorded in book of records of said county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
1991 AP ; -5 Phi 3: 39
PROMISSORY NOTE
$5,000.00 Tigard, Oregon February 1991
FOR VALUE RECEIVED, the undersigned promises to pay to R.
DEAN SCHMITZ and DOROTHY SCHMITZ, husband and wife, at Tigard,
Oregon, or such other place as may be designated in writing by
the holder of this Note, the principal sum of Five Thousand and
no/100 Dollars ($5,000.00) upon satisfaction or waiver of the
purchaser's contingencies in that certain Agreement for Sale and
Purchase dated January 3_, 1991.
In tree event that suit or action is instituted by the holder
of this Note to enforce this Note, the undersigned agrees to pay,
in addition to costs and expenses provided by statute or
otherwise, such sums as the court may adjudge reasonable as
attorneys' fees in such proceedings and on any appeals from any
judgment or decree entered therein. Further, in the event of
default in any payment, whether or not suit or action is
instituted, the undersigned promises to pay all costs of
collecting such delinquent payment.
The undersigned and every endorser and guarantor waive
protest, presentment, demand and notice of nonpayment and
expressly agree that this Note or any payment under this Note may
be extended from time to time without in any way affecting the
liability of the maker, endorsers or guarantors of this Note.
This Note has been executed and delivered in Oregon and
shall be governed and construed in accordance with the laws of
the State of Oregon.
THE CITY OF TIGARD, OREGON, an
Oregon munici corporat' n
By:
Pat ick J. illy,
City Adm' istrator
t7o/tigard/schmitz. P n
..fin , ~i~►~{.~
LPL 0~- 9J
AGREEMENT FOR SALE AND PURCHASE
DATED: January -3 1 , 1991.
BETWEEN: R. DEAN SCHMITZ and DOROTHY SCHMITZ, husband and wife
("SELLER"), and THE CITY OF TIGARD, OREGON, an Oregon
municipal corporation ("PURCHASER").
Seller agrees to sell to Purchaser that certain improved real
property situated in the City of Tigard, Washington County, State
of Oregon, consisting of .78 acres, more or less, located at 8720
S.W. Burnham Street, Washington County Assessor's Map 2S1 2DA, Tax
Lot No. 200, ("the Property"), and which is more particularly
described as follows:
SEE THE ATTACHED EXHIBIT "A," INCORPORATED BY
REFERENCE AS IF FULLY SET FORTH.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
1. PURCHASE AND SALE OF PROPERTY
Seller agrees to sell the Property and Purchaser agrees to
purchase the Property from Seller on the terms and conditions set
forth in this Agreement at the purchase price set forth in this
Agreement. The Property shall consist of the following components:
(A) The real property more particularly described in
Exhibit "A" ("Real Property");
(B) All buildings, fixtures and improvements to the Real
Property, including, but not limited to, an office/warehouse
building and a residential dwelling.
Page 1 - AGREEMENT FOR SALE AND PURCHASE
2. EARNEST MONEY PAYMENT
Upon execution of this Agreement, Seller and Purchaser shall
deposit the original of this Agreement with a licensed escrow agent
and title insurance company. The parties designate First American
Title Insurance Company, Lincoln Tower Office, 10260 S. W.
Greenberg Road, Tigard, Oregon 97223 as escrow agent and title
insurance company (hereinafter "Escrow Agent").
Upon execution of this Agreement, Purchaser shall deposit with
Escrow Agent its promissory note in the amount of FIVE THOUSAND
DOLLARS ($5,000.00), which note is to be redeemed upon satisfaction
of the Purchaser's preconditions set forth in paragraph 4 hereof.
Upon redemption of the note, the earnest money will be placed in
an interest-bearing account by Escrow Agent in escrow. Said
amount, including accrued interest, shall be applicable to the
Purchase Price and shall be delivered to the Seller only upon the
closing of title hereunder or a default hereunder by the Purchaser.
In all other events, including, without limitation, default by
Seller or cancellation of this Agreement resulting from Seller's
breach of warranties or representations set forth in paragraphs 5,
6, 7, and 8, said amount shall be promptly refunded to the
Purchaser, together with the interest earned thereon, without the
necessity of any further instrument of instruction to Escrow Agent.
The sole responsibility of Escrow Agent shall be to hold and
disburse said amount in accordance with the provisions of the
Agreement and, if a dispute should arise with respect to the
disposition thereof, Escrow Agent shall hold said amount subject
Page 2 - AGREEMENT FOR SALE AND PURCHASE
~ r
to determination of the dispute by a court of competent jurisdic-
tion or until receipt of joint instructions from the Seller and the
Purchaser with respect to the disposition of said amount.
3. PURCHASE PRICE AND PAYMENT OF PURCHASE PRICE
(A) Purchase Price. The purchase price for the Property
is TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000.00).
(B) Payment of Purchase Price. Purchaser shall pay the
balance of the Purchase Price in full, in cash at closing, after
crediting the earnest money deposit and interest accrued thereon,
in accordance with paragraph 2.
4. PRECONDITIONS TO PURCHASER'S OBLIGATIONS
Purchaser's obligation to purchase the Property is subject to
the occurrence of all of the following conditions precedent:
(A) Purchaser shall have thirty (30) days after
execution of this Agreement to satisfy Purchaser regarding the
preliminary suitability for Purchaser's use and development
of the Property from engineering, utility service, land use
and economic standpoints. This condition precedent is for
the benefit of Purchaser and Purchaser's decision of feasibil-
ity shall be conclusive.
(B) Approval by Purchaser's legal counsel of Seller's
title and all exceptions to Seller's title. Purchaser shall
remove this contingency within fifteen (15) days of receipt
of the preliminary title report, legible copies of all title
exceptions listed on said report, the survey described in
paragraph 6(A) of this Agreement and a certified Uniform
Page 3 - AGREEMENT FOR SALE AND PURCHASE
~ r
Commercial Code search, all of which are attached hereto as
Exhibit "A;" -
(C) Determination by Purchaser's environmental con-
sultant that the Property is not subject to "hazardous
materials" or any "hazardous materials contamination" as those
terms are defined in paragraph 8(K). Purchaser shall make
this determination after delivery to Purchaser of any
environmental site assessments, hazardous materials reports
or any other environmental reports that Seller or its
predecessors in interest have knowledge of or had conducted
on the Property. Seller has disclosed to Purchaser the
presence of an underground storage tank on the Property.
Seller agrees to remove the tank, at Seller's expense.
Purchaser will then conduct, at Purchaser's expense, a Level
1 Environmental Audit to determine if there is any soils
contamination from the tank, PCB's or other hazardous
materials that may have been stored upon the Property by
Seller. If other underground storage tanks on the Property
are discovered by the Audit, Seller agrees to remove any said
tanks, at Seller's expense, prior to Closing. This condition
precedent shall be removed within thirty (30) days of
Purchaser's receipt of the Level 1 Environmental Audit, unless
additional time is required to remove tanks or contaminated
soil, in which event the deadline for removal of this
condition precedent shall be extended until such operations
are completed;
Page 4 - AGREEMENT FOR SALE AND PURCHASE
(D) Seller's delivery, Purchaser's approval and the
parties' completion of all exhibits set forth in paragraph 19
of this Agreement.
(E) All of the representations, warranties and covenants
of the Seller contained in this Agreement shall be true and
correct as of the date hereof and as of the Closing Date as
if made on the Closing Date;
(F) All of the obligations of the Seller contained in
this Agreement shall have been fully performed by or on the
Closing Date in compliance with the terms of this Agreement;
and
(G) The conditions precedent set forth in this paragraph
4 are for the sole benefit of Purchaser and Purchaser may
waive any or all of these conditions precedent by written
notice to Seller.
5. CLOSING
This transaction shall be closed on or before the 20th day of
February, 1991, or within fifteen (15) days from the date of the
fulfillment and occurrence of all of the conditions precedent as
set forth in paragraphs 4, 7 and 8 of this Agreement. Closing
shall take place at the offices of the Escrow Agent set forth in
paragraph 2 of this Agreement. Closing shall take place in the
manner set forth in this Agreement. At closing, Escrow Agent shall
prorate ad valorem Real Property taxes as of the closing date.
Seller shall pay at closing any and all levies, assessments or
improvement bonds encumbering the Property, unless they have been
Page 5 - AGREEMENT FOR SALE AND PURCHASE
specifically disclosed to Purchaser and included as part of the
Purchase Price.
The parties shall share equally the costs of escrow and any
tax imposed upon the transfer or sale of the Real Property. Each
party shall pay for its own attorney's fees incurred in drafting
this agreement and negotiating the sale and purchase. Purchaser
shall pay the cost of recording the Statutory Warranty Deed.
Seller shall obtain and deliver to Purchaser at Closing the
following documents:
(A) Title Documents. Such documents, including, without
limitation, lien waivers, indemnity bonds, indemnification
agreements and certificates of good standing as shall be
reasonably requested by the title insurer as a condition to
its insuring Seller's good and marketable title to the
property free of any exceptions, other than the permitted
exceptions;
(B) Authority. Such evidence as the title insurer shall
reasonably require as to the authority of Seller to convey the
property to Purchaser;
(C) Deed. Seller's Statutory Warranty Deed conveying
fee title in the Property to Purchaser;
(D) Title Policy. The owner's title insurance policy
referred to in paragraph 6 of this Agreement, and
(E) Assignment Agreement. An assignment of Seller's
rights and interest under that certain Agreement for the
provision of sewer lines, between Lothar E. Schramm and
Page 6 - AGREEMENT FOR SALE AND PURCHASE
' I
Seller, dated February 1, 1979, and recorded February 6, 1979,
as Washington County Fee No. 79004972.
6. TITLE AND SURVEY MATTERS
(A) Survey. Purchaser shall have the right to obtain,
at Purchaser's expense, a certified A.L.T.A. boundary survey
(the "Survey") of the Real Property prepared by a licensed
or registered surveyor. The survey shall be sufficient to
cause the Escrow Agent to delete, to the extent permitted by
title insurance regulations, the printed exceptions for
encroachments, overlaps, boundary line disputes, and any
matters which would be disclosed by an accurate survey in the
title policy to be delivered by Seller at closing. Purchaser
shall deliver a copy of the survey to Seller.
(B) Preliminary Title Report. No more than fifteen (15)
days after the opening of escrow as defined in paragraph 2,
Seller, at Seller's expense, shall furnish to Purchaser a
Preliminary Title Report issued by Escrow Agent, describing
the Property, listing the Purchaser or the Purchaser's
designee as the prospective named insured and showing as the
policy amount the total purchase price. At the same time,
Escrow Agent shall also deliver to Purchaser copies of any
financing statements filed against the property, as well as
true, correct and legible copies of all instruments referred
to in such Preliminary Title Report as conditions or excep-
tions to title to the Property, including liens.
Page 7 - AGREEMENT FOR SALE AND PURCHASE
C Title Objections. In the event the Preliminary
Title Report should show any exceptions other than the
permitted exceptions (as defined in subparagraph (D) of this
paragraph 6), Purchaser shall have fifteen (15) days after
receipt of the Preliminary Title Report or Survey to approve
or disapprove the exception(s), which shall be at Purchaser's
sole discretion. Failure of Purchaser to disapprove any
exception within the fifteen (15) day time limit shall be
deemed an approval.
In the event Purchaser does not approve said exceptions
and Seller is unable to remove the same with the exercise of
due diligence prior to the closing date, the Purchaser, in
Purchaser's sole discretion, has the following cumulative and
nonexclusive remedies:
M Purchaser may suspend performance of its
obligations under this Agreement, at no cost to Pur-
chaser, and extend the closing date until said exceptions
have been removed by Seller;
(ii) Purchaser may attempt to remove the exceptions
and sums reasonably expended by Purchaser, including
reasonable attorney's fees, in removing said exceptions
shall be credited against the purchase price payable at
closing, in which event the closing date shall be
extended until said exceptions have been removed.
Purchaser shall be entitled to a credit against the
unpaid balance of the purchase price for all such sums
Page 8 - AGREEMENT FOR SALE AND PURCHASE
expended with interest thereon at the lesser of nine (9%)
per cent per annum or Purchaser's interest and finance
costs for obtaining the necessary funds for the expendi-
ture of such sums from the date of payment;
(iii) Purchaser may terminate this Agreement and
maintain an action for damages for breach of contract,
including, without limitation, Purchaser's loss of its
bargain under this Agreement;
(iv) Purchaser may elect to proceed to closing on
that portion of the Real Property not affected by the
disapproved exception to Purchaser's title and defer and
otherwise suspend, at no cost to Purchaser, Purchaser's
performance and obligations under this Agreement until
said disapproved exception(s) to Purchaser's title is
otherwise cured or removed;
(v) Purchaser may terminate this agreement and all
of the rights and obligations of the parties under this
Agreement shall be null and void;
(vi) Purchaser may maintain an action for specific
performance of this Agreement.
In no event shall Seller be required to remove or to reimburse
Purchaser for the removal of any lien or other exception to
title created by Purchaser's activities with respect to the
Property.
(D) Permitted Exceptions. As used herein, the term
"Permitted Exceptions" means:
Page 9 - AGREEMENT FOR SALE AND PURCHASE
(i) The standard printed exceptions contained in
the Preliminary Title Report of only zoning ordinances,
building and use restrictions, reservations and federal
patents, utility easements of record, and exceptions 1,
2, 3, 4, and 6 set forth in First American Title
Insurance Company of Oregon's Preliminary Title Report
No. 373408, dated September 20, 1990;
(ii) The printed exception for "encroachments,
overlaps, boundary line disputes, and any matters which
would be disclosed by an accurate survey and inspection
of the premises" to the extent allowed by the rules and
regulations of the state in which the property is
located;
(iii) The standard exception as to the lien for
taxes shall be limited to the period during which closing
is scheduled to occur for which said taxes are not yet
due and payable;
(iv) Rights of parties in possession;
(v) Any exception contained in the Preliminary
Title Report which has been approved by Purchaser; and
(vi) Any lien or encumbrance from Purchaser to
Seller.
(E) Title Policy. At the closing, Seller shall cause
an A.L.T.A. Owner's Title Policy to be furnished to Purchaser.
The Owner's Title Policy shall be issued in the amount of the
total purchase price and shall insure Purchaser's legal title
Page 10 - AGREEMENT FOR SALE AND PURCHASE
to the Property, subject only to the permitted exceptions.
The standard exception as to the lien for taxes shall be
limited to the period during which closing occurs for which
said taxes are not yet due and payable and shall be endorsed
"Not Yet Due and Payable."
7. CLOSING CONDITIONS
Purchaser's obligation to purchase the Property is subject,
at Purchaser's discretion, to occurrence and satisfaction of each
of the following conditions precedent:
(A) All of the representations, warranties and covenants
of Seller contained herein shall be true, accurate and
complete as of the date hereof and as of the closing date as
if made on the closing date;
(B) Seller shall have performed all obligations to be
performed by it hereunder on or before the closing date;
(C) All of the conditions precedent set forth in
paragraph 4 of this Agreement have been fulfilled or have
otherwise occurred or been waived by Purchaser; and
(D) At the closing date, Seller shall be able to deliver
title to the property in the condition required by paragraph
6 of this Agreement.
8. REPRESENTATIONS AND WARRANTIES
Seller covenants with, represents and warrants to Purchaser,
who relies thereon, which covenants, representations and warranties
shall be deemed made by Seller to Purchaser as of the date hereof
and the closing date, the following:
Page 11 - AGREEMENT FOR SALE AND PURCHASE
(A) Title. Seller warrants good and marketable title,
good right to convey, quiet possession and further warrants
that no work, labor or materials have been expended, bestowed
or placed upon the Property, adjacent thereto or within any
existing or proposed assessment district which either remain
unpaid or for which a lien may be filed;
(B) Claims Against Title. Seller has no knowledge nor
has Seller been made aware of any claim against its title by
any third person or any other person, and Seller is unaware
of any claim of adverse possession to any portion of the Real
Property. Seller shall further disclose in writing to
Purchaser all claims of title adverse and inconsistent with
Seller's claim of title and warranties as set forth in this
Agreement, which claims have been made during the preceding
ten (10) years from the date of this Agreement and of which
Seller has knowledge. Such disclosures shall be made in
writing prior to the execution of this Agreement and attached
hereto as Exhibit "C." Purchaser acknowledges that it was a
party to a boundary line dispute with Seller within the past
ten (10) years, which dispute was settled amicably. Seller's
warranty and agreement to disclose claims contained in this
paragraph shall not apply to any claims advanced by Purchaser;
(C) Parties in Possession. As of the closing date,
there will be no parties or trespassers in possession of any
of the Property, and there will be no leases affecting the
Property. The residential dwelling is presently rented on a
Page 12 - AGREEMENT FOR SALE AND PURCHASE
month-to-month tenancy. Seller will provide the tenants with
30-days' written notice of termination on the Closing Date;
(D) Authority of Seller. Seller has the authority to
execute this Agreement, to enter into the escrow contemplated
herein and to perform all of Seller's obligations hereunder;
(E) Option to Accruire Premises. No person or entity
has any right of first refusal or option to acquire any
interest in the property or any part thereof;
(F) Other Contracts or Agreements. As of the date
hereof and the closing date, there shall be no contracts,
licenses, commitments or undertakings respecting maintenance
of the Property of equipment on the Property, the performance
of services on the Property or the use of the Property or any
part of it by which Purchaser would become obligated or liable
to any person, except as disclosed in Exhibit "D" hereto.
Seller has not committed nor obligated itself in any manner
whatsoever to sell the Property to any party other than
Purchaser. Seller has not assigned any rents or income from
the Property in any manner other than as disclosed by the
financing documents set forth in this Agreement;
(G) Foreign Person. Seller is not a foreign person and
is a "United States person" as such term is defined in Section
7701(a)(30) of the Internal Revenue Code of 1954, as amended,
and shall deliver to Purchaser prior to the closing date an
affidavit evidencing such fact;
i
Page 13 - AGREEMENT FOR SALE AND PURCHASE
(H) Sole Legal Owner. The parties signing this
Agreement on behalf of Seller represent the sole legal owner
or all legal owners of the Property;
(I) Defaults. Seller is not in default under any
contract, transaction, agreement, lease, encumbrance, or
instrument pertaining to the Property and there are no
contracts, transactions, agreements, leases or encumbrances
which shall extend beyond the closing date which have not been
submitted to Purchaser for Purchaser's review and approval;
(J) Litigation. There is no litigation pending or
threatened respecting the use, ownership or operation of the
Property, except as disclosed in Exhibit "E" hereto;
(K) No Hazardous Materials. Seller warrants, represents
i
and covenants that Seller, and to Seller's knowledge, Seller's
predecessors in interest, and any person acting in conjunction
with Seller or Seller's predecessors in interest, have not,
during their (including Seller's) occupancy, use or ownership
of the Property, improperly handled or stored, discharged or
located upon the Property any "hazardous materials" or any
"hazardous materials contamination" on the Property. The
underground storage tank or tanks on the Property will be
removed by Seller, in accordance with subparagraph 4(C)
hereof. As used herein, the terms "hazardous materials" and
"hazardous materials contamination" are defined as:
(i) "Hazardous Materials" means (a) any "hazardous
waste" as defined by the Resource Conservation and
Page 14 - AGREEMENT FOR SALE AND PURCHASE
Recovery Act of 1976 (42 U.S.C. Sec. 6901, et seq.), as
amended from time to time, and regulations promulgated
thereunder; (b) any "hazardous substance" as defined by
the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. Sec. 9601, et
seq.), as amended from time to time, and regulations
promulgated thereunder; (c) radon and material quantities
of petroleum products; (d) any substance the presence of
which on the Property is regulated by any federal, state
or local law relating to the protection of the environ-
ment or public health; and (e) any other substance which
by law requires special handling in its collection,
storage, treatment or disposal.
(ii) "Hazardous Materials Contamination" means the
contamination (whether presently existing or occurring
after the date hereof but on or before the closing date)
of the improvements, facilities, soil, ground water,
surface water, air or other elements on or under the
Property by hazardous materials, or the contamination
(whether presently existing or occurring after the date
hereof but on or before the closing date) of the
buildings, facilities, soil, ground water, surface water,
air or other elements on or under any other Property as
a result of hazardous materials emanating from the
Property.
Page 15 - AGREEMENT FOR SALE AND PURCHASE
i
(L) Environmental Permits. Seller has obtained all
necessary federal, state and local environmental permits
necessary for its business and activity and use of the
Property, Seller is in full compliance with the terms and
conditions of any such environmental permits, and Seller is
in compliance with all other applicable federal, state and
local environmental statutory and regulatory requirements not
incorporated in its permits;
(M) Knowledge. Seller has no knowledge of any facts or
circumstances that may give rise to any future civil, criminal
or administrative proceedings against Seller relating to
environmental matters;
(N) Assignment. Seller's warranties and representations
and its agreement of indemnity as set forth in this paragraph
8 are assignable by Purchaser and otherwise transferable in
the event that Purchaser subsequently sells the Property;
(O) Survival. Seller's warranties pursuant to paragraph
8 shall survive the closing, and delivery and recording of
Seller's Statutory Warranty Deed;
(P) Seller's Knowledge. "To Seller's knowledge" as used
herein shall mean the actual and constructive knowledge of
Property managers, officers and employees of Seller, who would
reasonably be expected to have such knowledge and who are
employees and officers of Seller with respect to the Property;
(Q) Subsequent Information. If any information relevant
to the representations and warranties of Seller under this
Page 16 - AGREEMENT FOR SALE AND PURCHASE
1 Agreement shall come to Purchaser's attention before the
closing date (whether through Seller or otherwise), then, for
the purposes of Seller's liability under such representations
and warranties, the effect shall be as if the representations
and warranties were so modified in this Agreement; provided,
however, that Purchaser's opportunity to make an investigation
of the Property shall not limit the express representations
and warranties of Seller made herein, unless specific
knowledge comes to the attention of Purchaser through such
investigation.
9. SELLER'S OBLIGATIONS PENDING CLOSING
From the time of execution of this Agreement to closing,
Seller shall:
(A) Remedy prior to closing any and all violations of
Federal, State and local laws, rules, regulations and codes
relating to the Property which become known prior to closing;
(B) Operate the Property and any business thereon until
closing in a business-like manner in all respects, so as to
preserve its value to the Purchaser;
(C) Permit Purchaser and his representatives to have
access to the Property at all reasonable times prior to
closing, in order to facilitate Purchaser's tests and studies.
10. TIME
TIME IS OF THE ESSENCE of this Agreement.
Page 17 - AGREEMENT FOR SALE AND PURCHASE
11. PURCHASER'S RIGHT OF ACCESS
Purchaser and Purchaser's agents may at any time during the
term of this Agreement enter upon the Property for purposes of soil
tests and any other studies reasonably required by Purchaser.
12. SELLER'S OCCUPANCY OF PREMISES AFTER CLOSING
Seller shall be entitled to remain in the office and warehouse
premises on the Property from the Closing date through June 30,
1991, conditioned on payment of monthly rental to Purchaser in the
amount of $1,269, triple net, with Seller also responsible for
utilities, insurance and taxes on the portion of the Property
subject to the rental agreement. This rental agreement may be
extended on a month-to-month basis beyond June 30, 1991. There-
after, Purchaser shall provide Seller 60-days' notice of its intent
to terminate the rental agreement, and Seller shall provide
Purchaser with 30-days' written notice of its intent to terminate
the rental agreement and vacate the premises.
13. NEGATION OF AGENCY AND PARTNERSHIP
Seller's agreement to cooperate with Purchaser in connection
with any provision of this Agreement shall not be construed as
making either party an agent or partner of the other party.
14. FAILURE TO CLOSE
(A) Seller's Remedies. In the event that this trans-
action shall fail to close on account of Purchaser's fault,
other than the failure of the preconditions set forth in
paragraph 4 of this Agreement, the FIVE THOUSAND DOLLARS
($5,000.00) previously deposited or paid as earnest money
Page 18 - AGREEMENT FOR SALE AND PURCHASE
shall be forfeited by Purchaser and retained by Seller as
liquidated damages. In addition, Seller shall be entitled to
such remedies for breach of contract as may be available under
applicable law, including without limitation, the remedy of
specific performance.
(B) Purchaser's Remedies. In the event that this
transaction shall fail to close on account of Seller's fault
or Seller's inability to close, the consideration deposited
pursuant to paragraph 2 shall be returned to Purchaser. In
addition, Purchaser shall be entitled to such remedies for
breach of contract as may be available under applicable law,
including without limitation, the remedy of specific perform-
ance. Purchaser's remedies set forth herein are in addition
to those remedies granted Purchaser by paragraph 6.
15. FULL AUTHORITY
Each of the parties and signatories to this Agreement
represents and warrants that each has the full right, power, legal
capacity and authority to enter into and perform the parties'
respective obligations hereunder and no approval or consents of
any other person are necessary in connection herewith.
16. APPLICABLE LAW
This Agreement shall, in all respects, be governed by the laws
of the State in which the Property is located.
17. SEVERABILITY
Nothing contained herein shall be construed so as to require
the commission of any act contrary to law, and wherever there is
Page 19 - AGREEMENT FOR SALE AND PURCHASE
any conflict between any provisions contained herein and any
present or future statute, law, ordinance or regulation contrary
to which the parties have no legal right to contract, the latter
shall prevail; but the provision of this Agreement which is
affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law.
18. MODIFICATION OR AMENDMENTS
No amendment, change or modification of this Agreement shall
be valid, unless in writing and signed by all the parties hereto.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between and
among the parties, integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotia-
tions or previous agreements between the parties or their predeces-
sors in interest with respect to all or any part of the subject
matter hereof.
20. PREPARATION AND SCHEDULE OF EXHIBITS
All exhibits hereto consisting of more than one page shall be
numbered. All exhibits are to be attached hereto and are incor-
porated by reference as if fully set forth in this Agreement. All
schedules shall be updated at closing, where applicable. All
exhibits shall be delivered thirty (30) days prior to closing,
except where otherwise indicated.
Page 20 - AGREEMENT FOR SALE AND PURCHASE
EXHIBIT
A. Legal Description, ALTA Survey (at Purchaser's option and
expense) and Schedule of Exceptions (with true and correct
copies) to Seller's title for the Real Property.
A-1 Certified Uniform Commercial Code Search.
B. Statutory Warranty Deed.
C. Schedule of any claims against Seller's title.
D. Schedule of any other contracts or agreements encumbering the
Property.
E. Statement and schedule of all litigation, pending or threat-
ened, and any and all claims asserted against Seller, its
agents and employees within the last twenty-four (24) months,
pertaining to the Property, and Seller's statement of the
existence of insurance policy coverage for any such litigation
or claims.
21. WAIVER
Failure of either party at any time to require performance of
any provision of this Agreement shall not limit the party's right
to enforce the provision, nor shall any waiver of any breach of
any provision be a waiver of any succeeding breach of the provision
or a waiver of the provision itself or any other provision.
22. CALCULATION OF TIME
All periods of time referred to herein shall include Satur-
days, Sundays and legal holidays in the State of Oregon, except
that if the last day of any period falls on any Saturday, Sunday
Page 21 - AGREEMENT FOR SALE AND PURCHASE
or such a holiday, the period shall be extended to include the next
day which is not a Saturday, Sunday or such a holiday.
23. COMPLIANCE WITH THE FOREIGN INVESTMENT IN REAL PROPERTY
TAX ACT
Seller and Purchaser shall deliver or cause to be delivered
to Purchaser at the closing an affidavit executed by Seller and
Purchaser under penalty of perjury, stating Seller's and Pur-
chaser's taxpayer identification numbers and their respective
warranties and representations that neither is a foreign person as
set forth in IRC Sec. 1445.
24. STATUTORY DISCLAIMER
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN
A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS
SUBJECT TO LAND USE LAWS AND REGULATIONS WHICH, IN FARM OR FOREST
ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING
FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE
OF FIRE PROTECTION FOR STRUCTURES.
25. ASSIGNMENT
Purchaser shall have the right to assign its right, title and
interest under this Agreement to a related or subsidiary entity in
which Purchaser holds an interest without the prior written consent
of the Seller. Purchaser shall not have the right to assign its
right, title and interest under this Agreement to an unrelated
third party without the prior written consent of the Seller, which
shall not be unreasonably withheld.
Page 22 - AGREEMENT FOR SALE AND PURCHASE
26. SUCCESSORS AND ASSIGNS
All of the terms and provisions contained herein shall inure
to the benefit of and shall be binding upon the parties hereto and
their respective heirs, legal representatives, successors and
assigns.
27. GOOD FAITH, COOPERATION AND DUE DILIGENCE
The parties hereto covenant, warrant and represent to each
other good faith, complete cooperation, due diligence and honesty
in fact in the performance of all obligations of the parties
pursuant to this Agreement. All promises and covenants are mutual
and dependent.
28. SURVIVAL OF WARRANTIES AND REPRESENTATIONS
All representations, warranties, covenants and agreements of
the parties contained in this Agreement, or in any instrument or
other writing provided for herein, shall survive the closing.
29. ATTORNEY'S FEES
In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party shall be
entitled to recover from the other party such sums as the court
may adjudge reasonable as attorney's fees at trial or on appeal of
such suit or action, in addition to all other sums provided by law.
30. NOTICE
Notice under this Agreement shall be in writing and shall be
effective when delivered. If mailed, notice shall be deemed
effective 48 hours after mailing as registered or certified mail,
postage prepaid, directed to the other party at the address set
forth below or such other address as the party may indicate by
written notice to the other:
Page 23 - AGREEMENT FOR SALE AND PURCHASE
• r
SELLER: PURCHASER:
R. Dean and Dorothy Schmitz CITY OF TIGARD
c/o Tigard Electric Attn: Patrick J. Reilly
8720 S.W. Burnham Street City Administrator
Tigard, Oregon 97223 P.O. Box 23397
Tigard, Oregon 97223
WITH COPIES TO: WITH COPIES TO:
Thomas J. Murphy, Esq. Kenneth M. Elliott, Esq.
Furrer & Scott O'Donnell, Ramis, et al
Attorneys at Law Attorneys at Law
P. O. Box 23414 1727 NW Hoyt
Tigard, OR 97223 Portland, OR 97209
31. MEMORANDUM FOR RECORDING
The parties may, upon mutual agreement, execute a memorandum
of this Agreement for recording with the recording officer of the
county in which the Property is situate at the request of
Purchaser.
32. PREPARATION OF AGREEMENT
Seller acknowledges that this Agreement has been prepared for
the Purchaser by O'Donnell, Ramis, Crew & Corrigan, Attorneys at
Law, acting for the sole benefit and protection of the Purchaser.
Seller acknowledges the right to have this Agreement and all
matters related thereto, reviewed by independent counsel.
33. MUTUAL INDEMNITY AGAINST BROKERS COMMISSION. Both
parties warrant to the other that neither has utilized a real
estate broker and each will defend, indemnify and hold harmless the
other from any claim, loss or liability made or imposed by any
broker or other party claiming a commission or fee in connection
with this transaction or arising out of that party's conduct.
Page 24 - AGREEMENT FOR SALE AND PURCHASE
• r .
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and at the place first above written.
SELLER: PURCHASER:
R. DEAN SCHMITZ CITY OF TIGARD, OREGON, an
Oregon municipal corporation
gy •
Y'
. Dean Schmitz Pat ick J. illy C't
Administrat r
DOROTHY SC ITZ
By:
D rothy Schmitz
STATE F~ o,~ )
ss.
Coun y of
Personally appeared R. DEAN SCHMITZ and acknowledged the fore-
going instrument to be his voluntary act and deed.
DATED January Q4 , 1991.
(NOTARIAL SEAL) Notary Public for
My Commission Expires: c~ 31c2
STATE OF ( C~ c, )
ss.
County of 4~ : L )
Personally appeared DOROTHY SCHMITZ and acknowledged the fore-
going instrument to be her voluntary act and deed.
DATED January , 1991.
(NOTARIAL SEAL) Notary Public for Qr~c
My Commission Expires:
Page 25 - AGREEMENT FOR SALE AND PURCHASE
. . M
STATE OF OREGON )
ss.
County of
Personally appeared PATRICK J. REILLY, who being first duly
sworn, did say that he is the City Administrator of THE CITY OF
TIGARD, OREGON, an Oregon municipal corporation, and that he
executed the foregoing instrument on behalf of the corporation by
authority of its Mayor and City Council as its free act and deed.
DATED January 1991.
(NOTARIAL SEAL) Notary Public for Oregon 61
My Commission Expires:
kmdtigard -k&p-.agr
Page 26 - AGREEMENT FOR SALE AND PURCHASE
E~ttiIBi "C"
(5ch~~c~ule ot_' .~r,~° r;1=zfTnS :~gair;c»t Sel~.pr~s tit1:=.]
Sellers know of no loch c.l F n* aga iric.t_ Seller's title.
R. DEAN SCHMITZ
. Dean Schmitz
Da t e : 1991.
4
DOROTHY S HM Z f
1
i
I
By
- - _
D rothy hmitz
L
Date 1991.
i
i
i
I
R
f
i 1 F- Fc 1 T- t-i 1_1 1
r
i
EXFi-Y teen
(Seh~cI'Jl.e Of ari;~ ~ `t~~r r_,c.ntracts or agreements
encuran^ring the Prol.-)ez-ty.l
Sellers knew o.' no such contracts Or agreements encumbering the
Property.
R. DEAN SCHMITZ
Dean Schr-1 g/
Date: - 440~~ 1991.
DORUPHY S HM TZ
,
ti3'/ t- 0-4-
o othy Sc mitz
Date: O S- / 991. ve,
1
t
7
i
>'1
a
r
S
- j
i
i
J~KtlBIT E"
(Statement and Sc),.=dule of litigation, pending or threatened.]
Sellers know of no such litigation, pending or threatened.
R. DEAN SCHMITZ
B
. Dean Schmitz
Date: - S 1991.
DOPOTHY SCH ITZ
BY ✓ - -
D Toth, c mitt
Da ✓ - o S~~/ 19 91 .