97-049755
STATE OF OREGON
County of Washington SS
I, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
WARRANTY DEED-STATUTORY FORM the within instrument of writing was received
and recorded in book of records of said
county.. t
DATED: MAY , 1997 `lT,~`kvGel__
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
SEND TAX STATEMENTS TO: Officio County Clerk
City of Tigard
13125 SW Hall Boulevard ReDocct: 155
Tigard, OR 97223 : 1 1887733221 43.OU
05/30/1997 02:29:35pm
AFTER RECORDING RETURN TO:
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
rn
~k
y BETWEEN:
' Sandra F. Clute and City of Tigard, an
11070 SW Errol Street Oregon municipal corp.
0 < Tigard OR 97223 13125 SW Hall Blvd.
H a Tigard, OR 97223
~V)
W)
Grantor Grantee
Z z
ZW
.4
THE TRUE AND ACTUAL CONSIDERATION IS $350,000.00.
SANDRA F. CLUTE, Grantor, conveys and warrants to CITY OF
TIGARD, an Oregon municipal corporation, Grantee, the following
described real property free of encumbrances except as specifically
set forth herein situated in Washington County, Oregon, to-wit:
A tract of land in Section 5, Township 2
South, Range 1 West, of the Willamette
Meridian, in the County of Washington and
State of Oregon, described as follows:
Beginning at an iron pipe on the North and
South centerline of Section 5, Township 2
South, Range 1 West, of the Willamette
Meridian, in the County of Washington and
State of Oregon, said iron pipe being North
0048' East 1897.04 feet from the South one-
quarter corner of said Section 5; running
thence from said beginning point South 89012'
1 - WARRANTY FULFILLMENT DEED - STATUTORY FORM
East 337.1 feet to an iron pipe; thence North
0048' East 225 feet to a point; thence North
89012' West 312 feet, more or less, to a point
25 feet East of the North-South centerline of
said Section 5; thence North 0048' East
parallel with said North-South centerline 764
feet, more or less, to a point 25 feet South
of the South right of way line of Scholls
Ferry Road (County Road No. 812); thence
Northeasterly to a point on the South right of
way line of Scholls Ferry Road which is 50
feet East of the North-South centerline of
Section 5; thence Westerly along said South
right of way line 50 feet to the North-South
centerline of. Section 5; thence South 0048'
West 989 feet, more or less, to the point of
beginning.
EXCEPTING THEREFROM that portion conveyed to
Tom Miller Builder, Inc., an Oregon
corporation, by Bargain and Sale Deed recorded
April 17, 1995, under Recorder's Fee No.
95026309.
The property is free from encumbrances except powers and
regulations, including the power to acquire rights of way and
easements, and to levy assessments of the Unified Sewerage Agency;
the rights of the public in and to that portion of the above
described property lying within the limits of roads and highways;
and utility easements and storm drainage easements of record.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A
FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS
SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST
ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND
WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED
IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
2 - WARRANTY FULFILLMENT DEED - STATUTORY FORM
OZ.,,
VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES.
Dated this '12'/ day of May, 1997.
v,
Sandra F. Clute
STATE OF OREGON )
ss.
County of Washington )
The foregoing instrument was acknowledged before me this
day of May, 1997, by Sandra F'_ C].ute.
No ary Public for Oregon
OFFICIAL SEAL My Commission Expires: h~j~R-7
ROGER F. ANDERSON
NOTARY PUBLIC -OREGON
COMMISSION NO.028297
MY COMMISSION EXPIRES SEPT 27, 1997
3 - WARRANTY FULFILLMENT DEED - STATUTORY FORM
'3
t
ISSUED RANSNBTTON TITLE INSURANCE COMPANY OWNERS POLICY OF TITLE INSURANCE
T
AV7 Transnation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
o~~yyyE INSU~~~~F
/ 2 \N(.ORPORA~,,o o
Attest: By: /
SfPt. 16, 101
Secretary * = President
IZ~t
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 improve-
ment 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 affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA 10
ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover Are Attached
Face Page
Form 1190-56 ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
(a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the
distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the
(b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
(c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or
knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or
public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (it) in any
constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or
(d) "land": the land described or referred to in Schedule A. and desirable to establish the title to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required
term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy
described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend, prosecute, or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent to which a cooperation.
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or
respect to Section l(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or
records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of
records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
(g) "unmarketability of the title": an alleged or apparent matter affecting or damage, the Company's obligations to the insured under the policy shall
the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title.
In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the
OF TITLE. Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
The coverage of this policy shall continue in force as of Date of Policy in representative of the Companv, all records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records.
shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or
either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage.
a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to other,
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the
The insured shall notify the Company promptly in writing (i) in case of administration of the claim. Failure of the insured claimant to submit for
any litigation as set forth in Section pan below, (ill in case knowledge shall examination under oath, produce other reasonably requested information
come to an insured hereunder of any claim of title or interest which is or grant permission to secure reasonably necessary information from third
adverse to the title to the estate or interest, as insured, and which might parties as required in this paragraph shall terminate any liahilit~ of the
Comp
cause loss or damage for which the Company may be liable by virtue of any under this policy as to that claim.
this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY.
to the insured all liability of the Company shall terminate with regard to In cave of a claim under this policy. the C'nmpunv shall h,oe the
the matter or matters for which prompt notice is required: provided, following options:
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the
INSURED CLAIMANT TO COOPERATE. time of payment or tender of payment and which the Company is obliga-
ted to pay.
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and
contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the
at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to
defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation. and the policy shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation.
of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or
against by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together
not be liable for and will not pay the fees of any other counsel. The with anv costs, attorneys' fees and expenses incurred by the insured
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment
in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or
against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized
prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is
opinion may be necessary or desirable to establish the title to the estate or obligated to pay.
interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other than the payments
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation.
C 'lions and Stipulations Contipued Inside Cover
B 1190-56
CONTROL NO.
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
SCHEDULE A
Order No. 2233023KN Amount of Insurance: $350,000.00
Policy No. W162413T Fee: $1,045.00
Date of Policy: May 30, 1997
as of 5:00 P.M.
1. Name of Insured:
CITY OF TIGARD, an Oregon municipal corporation
2. The estate or interest in the land described in this Schedule is:
FEE SIMPLE
3. The estate or interest referred to here is at Date of Policy vested in:
CITY OF TIGARD, an Oregon municipal corporation
4. The land referred to in this policy is described as follows:
A tract of land in Section 5, Township 2 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon, described as follows:
Beginning at an iron pipe on the North and South centerline of Section 5,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon, said iron pipe being North 01 48' East 1897.04
feet from the South one-quarter corner of said Section 5; running thence from
said beginning point South 890 12' East 337.1 feet to an iron pipe; thence North
01 48' East 225 feet to a point; thence North 890 12' West 312 feet, more or
less, to a point 25 feet East of the North-South centerline of said Section 5;
thence North 00 48' East parallel with said North-South centerline 764 feet, more
or less, to a point 25 feet South of the South right of way line of Scholls Ferry
Road (County Road No. 812); thence Northeasterly to a point on the South right of
way line of Scholls Ferry Road which is 50 feet East of the North-South
centerline of Section 5; thence Westerly along said South right of way line 50
feet to the North-South centerline of Section 5; thence South 00 48' West 989
feet, more or less, to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to Tom Miller Builder, Inc., an Oregon
corporation, by Bargain and Sale Deed recorded April 17, 1995 under Recorder's
Fee No. 95026309.
Policy No. W162413T 2 1992 (10/17/92)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs, attorney°s 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 record; 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, or claims of easement, not shown by the public records, reservations
or exceptions in patents or in acts authorizing the issuance thereof, water
rights, claims or title to water.
4. 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. Regulations, including the power to acquire rights of ways and easements, and
to levy assessments of the Unified Sewerage Agency. (No liens as of policy
date.)
7. The rights of the public in and to that portion of the herein described
property lying within the limits of roads and highways.
8. An easement created by instrument, including the terms and provisions thereof,
Dated May 25, 1950
Recorded June 5, 1950
Book 307
Page 503
In favor of : Utilities
For : West Coast Telephone Company
Location Not shown
9. An easement created by instrument, including the terms and provisions thereof,
Dated September 30, 1994
Recorded : October 31, 1994
Recorder's Fee No.: 94099912
In favor of Unified Sewerage Agency of Washington County
For : Storm drainage
Location The North 15 feet
10. An easement created by instrument, including the terms and provisions thereof,
Dated September 30, 1994
Recorded October 31, 1994
Recorder's Fee No.: 94099913
In favor of Unified Sewerage Agency of Washington County
For Sanitary sewer
Location 15 by 15 feet along the Northerly boundary
Policy No. W162413T 3 1992 (10/17/92)
11. An easement created by instrument, including the terms and provisions thereof,
Dated June 23, 1995
Recorded April 1, 1996
Recorder's Fee No.: 96028265
In favor of City of Tigard
For : Public utilities and water line
Location 15 feet along the West and a portion of the North boundary
KW/rj
Policy No. W162413T 4 1992 (10/17/92)
8 ZS'ia6t"J4 2SfL6AC T-32 ow cc 13 'C
° aam 7200 e2 y LJJ~°~' 3eAY bom 6000 8100 8127 s2m 47.00 ~ba W
;31
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41
Zt~
g F- : 14
74.00 Zt~a j W 9 38.09 80.00 60.00 6100 8127 80.00 47m
P M 8 4500-
i 00
:10S A . ~a 2S103nA ?B7asm 7 9 v 2100 8 2200 2300 2400 700 5800 5900 ° 15
m z9aO 2ZaD z~ao 92 Q 8
di - 23 24 25 26 27 28 8 r
29 : 8 4600'
800 8 iL--+ Same 50.00 50.00 s1AO 5327 8 16
10 ° I SOS as.00
LA
2000,, 1900 1800 1700
$ 900L---18 l: 22 20 ~5600e 8 4700
21
26 e 5500,-
11 19 a~
11 Y 5400 a 17,
'Z ' 24 100.0.0.
%eO
1007- 8 (n 88.08 60.00 60.00 61.00 n
12 e ~ A.21e~~ P. 4800
NT, S $ NO 18
rle 1°
S
38 1100 8 e 9 37.09 st.0o 61.00 64,00 72.24 -4; yZ .0 elA7
13 c); TREE DRIVE
1300 1400 1500 1600
1200 15 16 17 18 eo.80 ASUA7 OOAC
14
92m0.
(~(p 5300
O 23 s
5200 0 5100 m 5000. 490(
22 21 20 19
600 N o 0
N N
1.74 AC.
337.)0 00 00Ak
224= 117.0.0 ~ 0--
69.9
zq
X08
c 300
329 AC
X~
This airalch is provKw , w0 out charge, for your i ft,,m kx K is nd " to w ad b ohaw all rt1at~Ma rliaoad to Me N
prapany b'dildin but not Nrtdad 11), arW dinonsiom ososnww a anoroachmarns, or bca*m at boundarlaa. It w a
is not apanot. nor does 4 modity, any MPOn OrPoiicYtowhid it is attached. Ths Company asaunas NO UAOILfTY
tcn any.. atter romw to t11h skslch. Rslarorm should be roads to an accurate survey for ft~ Inf ollfftiOn. s
i
I
Issued from the
office of:
ii i
OWNER'S POLICY
OF TITLE INSURANCE
(10-17-92)
f ~i AMERICAN LAND TITLE ASSOCIATION
TRANSNATION TITLE
INSURANCE CO.
2200 U.S. Bancorp Tower 1
111 S.W. Fifth Avenue
Portland, OR 97204
(503) 222-9931 1 ISSUED I BY
Fax: 503) 274-7972 TRANS
( ~ RANSNATION TITLE INSURANCE COMPANY
Transnation
HOME OFFICE:
1700 Market Street Philadelphia, PA 19103-3990
B 1190-58
I
I
. i
CONDITIONS AND STIPULATIONS
(Continued) 4 r
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely
This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
"r damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation.
least of: Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
(0 the Amount of Insurance stated in Schedule A; or, any act of the insured claimant.
(ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and
insnred and the value if the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or
lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If
(b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary
interest or the full consideration paid for the land, whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall
subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the
%chich increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any
percent over the Amount of Insurance stated in Schedule .A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the
(i) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and
loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the
the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss.
insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated
(ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event,
loss, the Company shall only pay the loss pro rata in the proportion that shall he required to pay only that part of any losses insured against by this
120 percent of the Amount of Insurance stated in Schedule A hears to the policy which shall exceed the amount, if any, lost to the Company by
,.an of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right
expended for the improvement. of subrogation.
The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non-insured Obligors.
and expenses for which the Company is liable under this policy. and shall The Company's right of subrogation against non-insured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate. 10 exist and shall include, without limitation, the rights of the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds.
(c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments
incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured
which are not used as a single site, and a loss is established affecting one or niay demand arbitration pursuant to the Title Insurance Arbitration Rules
more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include,
pro rata basis as if the amount of insurance under this policy was divided but are not limited to, any controversy or claim between the Company and
pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the
whole, exclusive of any improvements made subsequent to Date of Policy. Company in connection with its issuance or the breach of a policy
unless a liability or value has otherwise been agreed upon as to each parcel provision or other obligation. All arbitrable matters when the Amount of
by the Company and the insured at the time of the issuance of this policy Insurance is $1,000,000 or less shall be arbitrated at the option of either the
and shown by an express statement or by an endorsement attached to this
policy. C'omp` iny or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy
(a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy
land, or cures the claim of unmarketability of title, all as insured, in a shall he binding upon the parties. The award may include attorneys' fees
reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to
completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award
obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having
or damage caused thereby. jurisdiction thereof.
(b) In the event of any litigation, including litigation by the Compan The law of the situs of the land shall apply to an arbitration under the
y Title Insurance Arbitration Rules.
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
.
(c) The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence,
All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to
tanto. this policy.
11. LIABILITY NONCUMULATIVE (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
It is expressly understood that the amount of insurance under this President, a Vice President, the Secretary, an Assistant Secretary, or
policy shall be reduced by any amount the Company may pay under any validating officer or authorized signatory of the Company.
policy insuring a mortgage to which exception is taken in Schedule B or to 16. SEVERABILITY.
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the In the event any provision of the policy held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
estate or interest described or referred to in Schedule A, and the amount sion and all other provisions shall remain in full force and effect.
so paid shall be deemed a payment under this policy to the insured owner.
17. NOTICES, WHERE SENT.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement All notices required to be given the Company and any statement in writing required
of the payment unless the policy has been lost or destroyed, in which case proof to be furnished the Company shall include the number of this policy and shall be
of loss or destruction shall be furnished to the satisfaction of the Company. addressed to TRANSNATION TITLE INSURANCE COMPANY, 1700 Market
NM 1 PA 10 Street, Philadelphia, PA 19103-3990.
ALTA Owner's Policy (10-17-92)
Cover Page ORIG
Valid Only If Face Page, Schedules A and B Are Attached
Form 1190-58 INAL
TRANSNATION TITLE INSURANCE COMPANY
5075 S.W. Griffith Drive, Suite 100
Beaverton, Oregon 97005
(503) 644-1194 FAX (503) 643-2082
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Order No. 2233023KN
June 16, 1997
Re:
CLUTE, SANDRA F.
13230 SW 154TH AVE P/O 97223
In connection with the above matter, we are enclosing herewith the following:
Owner's Title Insurance Policy
We are pleased to have the opportunity to be of service.
t 07-2233023 OMB No. 2502-0265
~fOW NUIYIbBf: HUD-1 (3-86) RESPA, HB 4305.2
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
SETTLEMENT STATEMENT 1. ❑ FHA 2. ❑ FMHA 1 ❑ CONV. UNINS.
4. ❑ VA 5. ❑ CONV. INS.
Transnation 6. FILE NUMBER 7. LOAN NUMBER
2233023
TRANSNATION TITLE INSURANCE COMPANY rB. MORTG. INS. CASE NO.
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are
shown. Items marked were paid outside the closing; they are shown here jor informational puposes and are not
included in the totals.
D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER
City of Tigard Sandra F. Clute
13125 SW Hall Boulevard 11070 SW Errol Street
Tigard, Oregon 97223 Tigard, Oregon 97223 Oregon
G. PROPERTY LOCATION H. SETTLEMENT AGENT I. SETTLEMENT DATE:
13230 SW 154th Avenue TRANSNATION TITLE INSURANCE COMPANY 05-30-97
Portland, Oregon 97223
PLACE OF SETTLEMENT
5075 SW Griffith Drive
Beaverton, Oregon 97005
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price 350000.00 401. Contract sales price
102. Personal property 402. Personal property
103. Settlement charges to borrower (line 1400) 1608.00 403.
104. 404.
105A 405A TRANSNATION TITLE INSURANCE COMPANY HERESY
105B 405B CERTIFIES THAT THIS IS A TRUE AND EXACT COPY OFT E
0UYrRcj8rIr6ER8 GLOW—
105C 405C HAVE D IVE D A COPY OF iHIS ST EMEN TO T E
ABOVE RT S ITWIN REE DAYS FUN G.
105D 405D
105E 405E By
105F 405F Escrow oft car
105G 405G
105H 405H
Adjtrstnzents for items paid by seller in advance Adjustments for items paid 6v seller in advance
106. City/town taxes $ to 406. City/town taxes $ to
107. County taxes $ 1751.97 5-30 to 7-1 153.60 407. County taxes $ to
108. Assessments $ to 408. Assessments $ to
109. 409.
110. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER: 351 761 .60 420. GROSS AMOUNT DUE TO SELLER:
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit (see instru(tions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. Wired funds from City of Tigar 351761.60 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209A 509A
209B 509B
209C 509C
209D 509D
209E 509E
209F 509F
209G 509G
Adjustments for itenns unpaid by seller Adjustments for items unpaid by seller
210. City/town taxes $ to 510. City/town taxes $ to
211. County taxes $ to 511. County taxes $ to
212. Assessments $ to 512. Assessments $ to
213. 513.
214. 514.
215. 515.
216. 516.
220. TOTAL PAID BY/FOR 520. TOTAL REDUCTION AMOUNT
BORROWER 351761.60 DUE SELLER
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower (line 120) 35 1761 .60 601. Gross amount due to seller (line 420)
302. Less amounts paid by/for borrower (line 220) 351761 .60 602. Less reductions in amount due seller (line 520)
303. CASH (❑FROM) (❑TO) BORROWER 0.00 603. CASH ([:]TO) (❑FROM) SELLER
Form 3092-6
■ OMB No. 2502-0265
TRANSN,ATiG TITLE INSURANCE COMPANY Ea v Number: 07-2233023 1 HUD-1 (3-86) RESPA, HB4305.2
L. SETTLEMENT CHARGES
00. TOTAL SALES/BROKER'S COMMISSION
based on price @ PAID FROM PAID FROM
Division o 'Conunission (line 700) as follows: BORROWER'S SELLER'S
FUNDS FUNDS
701. $ to
702A $ to
7028 $ to
702C $ to w
702D $ to
703. Commission paid at settlement
704.
705.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal Fee to
804. Credit Report to
805. Lender's inspection fee
806. Mortgage Insurance application fee to
807. Assumption fee
808. Tax service to
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from to @$ /day
902. Mortgage insurance premium for months to
903. Hazard insurance premium for years to
904. years to
905.
000. RESERVES DEPOSITED WITH LENDER
001. Hazard insurance months @ $ per month
002. Mortgage insurance months @ $ per month
003. City property taxes months @ $ per month
004. County property taxes months @ $ per month
005. Annual assessments months @ $ per month
006.
007.
100. TITLE CHARGES
101. Settlement or closing fee to Transnation Title Insurance Company 525.00
102. Abstract or title search to
103. Title examination to
104. Title insurance binder to
105. Document preparation to
106. Notary fees to
107. Attorney's fees to
(includes above items No.: '
108. Title insurance to Transnation Title Insurance Company
(includes above items No.: 1102, 1103
109. Lender's coverage $
110. Owner's coverage $ 350000.00
111. Indorsement to
112.
113.
114.
115.
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 38.00 ; Mortgage $ ; Releases $ 38.00
1202. City/county tax/stamps: Deed $ Mortgage $
1203. State tax/stamps: Deed $ ; Mortgage $
1204.
1205.
1206.
300. ADDITIONAL SETTLEMENT CHARGES
301. Survey to
302. Pest inspection to
303.
304.
305.
306.
400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K)
1608.00
Form 3092-7
~Ii:ANfiIV^;ildl[~i ~19~.'i' ~1~;;~V➢2A1~'6 L ~,Q)~1V'A,'~1
)O~) (,,.1 108
;1* Transnation
May 30, 1997
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
RE: ESCROW NO. 2233023 Clute/City of Tigard
SUBJECT PROPERTY: 13230 SW 154th Avenue, Portland, Oregon 97223
Gentlemen:
We enclose the following:
HUD-1
Any recorded documents to which you may be entitled will be mailed to you
from the County Clerk and Recorder's Office.
Your Owner's Title Insurance Policy will be forwarded under separate cover.
The enclosed items should be retained for future reference. If you have
any questions, do not hesitate to contact us. We thank you for this
opportunity to serve you.
Sincer ly,
Kelli Nerseth
Escrow Officer
Encls.
O'DONNELL RAMIS CREW
CORRIGAN & BACHRACH
JEFF H. BACHRACH ATTORNEYS AT LAW CLACKAMAS COUNTY OFFICE
PAMELA J. BEERY 1727 N.W. Hoyt Street 181 N. Grant, Suite 202
MARK L. BUSCH Portland, Oregon 97209 Canby, Oregon 97013
D. DANIEL CHANDLER TELEPHONE: (503) 266-1149
DOMINIC G. COLLETTA•• TELEPHONE: (503) 222-4402
CHARLES E. CORRIGAN• FAX: (503) 243-2944
STEPHEN F. CREW VANCOUVER, WASHINGTON OFFICE
MARTIN C. DOLAN First Independent Place
PAUL C. ELSNER PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street, Suite 451
GARY F. FIRESTONE' Vancouver, Washington 98660-2964
WILLIAM E. GAAR TELEPHONE: (360) 699-7287
G. FRANK HAMMOND* FAX: (360) 699-7221
KENNETH D. HELM May 29, 1997
MALCOLM JOHNSON'
MARK P. ODONNELL JAMES M. COLEMAN
JAMES E. OLIVER, JR. SUSAN J. WIDDER
TIMOTHY V. RAMIS SPECIAL COUNSEL
WILLIAM J. STALNAKER
' ALSO ADMITTED TO PRACTICE IN WASHINGTON
ALSO ADMITTED TO PRACTICE IN CALIFORNIA
ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA
Mr. Ed Wegner
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Menlor Reservoir/Clute Property
Dear Ed:
Enclosed please find an original executed Purchase and Sale Agreement and Joint Escrow
Instructions. We have forwarded the duplicate original to Sandra Clute's attorney, Roger
.Anderson.
Very trytly yours,
ominic G. Colletta
DGC/nak
Enclosure
cc: William A. Monahan (w/o encl.)
Mr. Chris Uber - Murray Smith & Associates (w/o encl.)
Pamela J. Beery (w/o encl.)
PURCHASE AND SALE AGREEMIF.NT
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
("Agreement") is entered into as of May X , 1997 (the "Effective Date"), between SANDRA
F. CLUTE ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation
("Purchaser").
RECITALS
A. Seller is the owner of the property located in the City of Tigard, Washington
County, Oregon that is described in Exhibit "A" attached hereto and incorporated herein by
reference (the "Property").
B. Purchaser desires to purchase from Seller, and Seller desires to sell to Purchaser,
the Property.
C. It is the intention of the parties to set forth in this Agreement the terms and
conditions of the sale and purchase of the Property.
D These recitals are contractual in nature and shall be construed to give full effect to
the provisions of this Agreement.
AGREENMNT
In consideration of the mutual promises set forth in this Agreement, the parties agree as
follows:
1. Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchaser to
Seller for the Property is Three Hundred Fifty Thousand and No/100 Dollars ($350,000). The
Purchase Price shall be payable in cash or other readily available funds through escrow at the
Closing (as defined below).
2. Escrow and Earnest Money Pa; ment.
2.1 Escrow Agent. Upon execution of this Agreement, the parties shall
deliver a copy of this fully executed Agreement to Transnation Title Insurance Co. 12360 E.
Burnside, Portland, Oregon 97216 (the "Escrow Agent"). Seller and Purchaser hereby authorize
Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of
this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to
execute and deliver into escrow any additional instructions consistent with this Agreement as may
be necessary or convenient to implement the terms of this Agreement and to close this transaction.
Page 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS dgc44pud1oh--0[5/22"
2.2 Earnest Money. Within five (5) days of the opening of escrow with
Escrow Agent, Purchaser shall deposit with Escrow Agent $5,000.00 (the "Earnest Money") to
be applied to the Purchase Price if the transaction contemplated herein is completed, or if the
transaction is not completed, to be disbursed by Escrow Agent in accordance with the terms of
Section 2.3 of this Agreement.
2.3 Cancellation Fee and Exuenses. In the event this escrow terminates
because of the non-satisfaction of any condition set forth in Section 3 any cancellation charges
required to be paid to Escrow Agent shall be borne equally by Seller and Purchaser. In the event
this escrow terminates because of Purchaser's default, the cancellation charges required to be paid
to Escrow Agent shall be borne by Purchaser. In the event this escrow terminates because of
Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by
Seller.
3. Conditions Precedent to Purchaser's Obligation to Close.
Purchaser's obligation to close the transaction described in this Agreement is expressly
contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent:
3.1 AWroval of Title by Purchaser.
3.1.1 Preliminary Title Report. Within five (5) days of the
effective date of this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary
Title Report issued by the 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. The Escrow Agent shall also deliver to Purchaser copies of any financing
statements filed against the Property and true, correct and legible copies of all instruments referred
to in such Preliminary Title Report as conditions or exceptions to title to the Property, including
liens.
3.1.2 Title Objections
3.1.2.1 Notice to Seller. In the event the Preliminary Title
Report should show any exceptions other than the Permitted Exceptions (defined below),
Purchaser shall have until May 23, 1997 to disapprove the exception(s) in Purchaser's sole
discretion by written notice of disapproval to Seller. Failure of Purchaser to disapprove of any
exception within such time shall be deemed an approval.
3.1.2.2 Seller's Removal of Exceptions. In the event
Purchaser shall disapprove any exceptions to title, Seller, within five (5) days of written notice
of disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that
Seller agrees to remove, or will not remove, prior to the Closing.
3.1.2.3 Purchaser's Remedies. In the event Purchaser does
not approve the exceptions and Seller is unable or unwilling to remove the same with the exercise
Page 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS dgc\ciVxd\olurosg3[52ZAM
of due diligence prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend
performance of its obligations under this Agreement at no cost to Purchaser and extend the
Closing Date until the exceptions Seller has notified Purchaser will be removed have been
removed; or (ii) terminate this Agreement, in which event all the rights and obligations of the
parties under this Agreement shall be null and void; or (iii) agree to close this transaction subject
to all unremoved exceptions. 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.
3.1.3 Permitted Exceptions. As used herein, the term "Permitted
Exceptions" means:
3.1.3.1 The standard printed exceptions contained in the Preliminary
Title Report of only zoning ordinances, building and use restrictions, reservations and federal
patents, and utility easements of record.
3.1.3.2 The standard 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 applicable rules and regulations unless
Purchaser obtains a survey of the Property and Purchaser obtains the right to object to any
exceptions that would be disclosed by an accurate survey.
3.1.3.3. The standard exception as to the lien for taxes, limited to
the period during which Closing is scheduled to occur for which said taxes are not yet due and
payable.
3.1.3.4 Any exception contained in the Preliminary Title Report that
has been approved by Purchaser.
3.1.3.5 Any lien or encumbrance created by Purchaser, including
any from Purchaser to Seller.
3.2 Lease and FIQVQ y Management Agreement. The parties acknowledge
that the Property is subject to that certain lease dated July 25, 1996 between Seller, as Landlord,
and Andrew and Kelly Bither as Tenant (the "Lease"). The Property is also subject to that certain
"Property Management Agreement" dated June 19, 1996, between Seller as "Owner" and Gearin
Properties, Inc. as "Agent". Seller agrees that Seller will pay all fees due Gearin Properties, Inc.
accruing prior to the Closing and that it will not extend the term of the Property Management
Agreement beyond June 19, 1997, except as may be expressly requested in writing by Purchaser,
in which event, the extension shall be on a month-to-month basis, terminatable by either party on
thirty (30) days written notice. Seller further represents and agrees that the Lease will terminate,
and Tenant shall vacate the Property, prior to the closing. Purchaser's duty to purchase the
Property is expressly contingent upon said termination and vacation prior to the closing.
Page 3 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS dgo\ttprd\c1- 0[5rnM
3.3 Failure of Conditions Precedent. In the event of a failure of any
condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this
Agreement pursuant to Sections 3. 1, or 3.2, the escrow and the rights and obligations of Purchaser
and Seller under this Agreement shall terminate, and the Earnest Money deposit shall be returned
to Purchaser by Escrow Agent.
4. Seller's Warranties.
4.1 Marketable 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 will remain unpaid at close of escrow or upon which alien
may be filed at close of escrow.
4.2 Parties in PossessSeller warrants that as of the close of escrow there
will be no parties or trespassers in possession of any of the Property, and there will be no rental
agreements or leases affecting the Property.
4.3 Authority of Seller. Seller warrants that it has the authority to execute
this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations
hereunder, and that the party executing this Agreement on behalf of Seller has been fully
authorized by appropriate corporate resolution to bind Seller to the terms and provisions hereof.
4.4 No tion to Acquire Premises. Seller represents that no person or
entity has any right of first refusal or option to acquire any interest in the property or any part
thereof.
4.5 Environmental Warranty. Seller has no knowledge of any existing or
pending claim or of any facts or circumstances that may give rise to any future civil, criminal or
administrative proceedings against Seller relating to hazardous materials. To the best of Seller's
knowledge, no hazardous materials have been discharged upon, brought upon or stored on the
Property in violation of applicable law. As used herein "hazardous materials" means any
substance the presence of which on the Property is regulated by any federal, state or local law
relating to the protection of the environment or public health.
5. Closing.
5.1 Closing Date. The closing (the "Closing") of the sale of the Property by
Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 30,
1997 (the date of the Closing being the "Closing Date"). The transaction contemplated in this
Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded,
all other documents required by this Agreement are executed and delivered, and the Purchase
Price is paid through escrow to Seller as provided in this Agreement.
Page 4 - PURCHASE AND SALE AGREEMENT AND 7OIN'r ESCROW
INSTRUCTIONS dgc\t grd\c1-A&3[5r4/„
5.2 Deliveries to Escrow Agent. In connection with the Closing, the
following shall occur, and the performance or tender of performance of all matters set forth in this
Section 5.2 shall be mutually concurrent conditions:
5.2.1 Seller's Deliveries. On or before the Closing Date, Seller,
at Purchaser's cost and expense, shall deliver the following into escrow:
(i) Statutory Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances
other than the Permitted Exceptions;
(ii) At Closing, and at the expense of Purchaser, Purchaser shall
cause to be issued to Purchaser an ALTA standard coverage owner's title policy in the amount of
the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser,
subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an
ALTA extended coverage owner's policy. Purchaser shall be responsible for and pay the premium
for the standard ALTA owner's policy and the ALTA extended coverage owner's policy, together
with all related expenses.
(iii) Certificate executed and sworn to by Seller (a) confirming
Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign
person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of
America of 1986 and otherwise in compliance with § 1.1445-2T of the regulations promulgated
thereunder.
5.2.2 Purchaser's Deliveries. On or before the Closing Date,
Purchaser shall deliver the Purchase Price into escrow, receiving full credit for the Earnest
Money.
5.3 Closing Costs; Prorations. Purchaser shall pay all escrow fees.
Purchaser shall pay the cost of recording the Deed and the cost of an ALTA standard coverage
owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an
ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended
coverage, together with all other attendant costs for such extended coverage. Ad valorem and
similar taxes and assessments relating to the Property shall be prorated between Seller and
Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date
and Purchaser being charged and credited for the same on and after such date. If the actual
amounts to be prorated are not known at the Closing Date, the prorations shall be computed on
the basis of the evidence then available; when actual figures are available a cash settlement shall
be made between Seller and Purchaser. The provisions of this Section 5.3 shall survive the
Closing.
5.4 Authority Documents. Purchaser and Seller shall, if requested by the
other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate
the sale and purchase contemplated by this Agreement.
Page 5 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS dgc\tWfd%ch-A0[5r,2/M
5.5 Possession. Seller shall deliver to Purchaser possession of the Property
on the first full day after completion of the Closing.
6. Remedies.
6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its
obligations under this Agreement for any reason other than failure of a condition precedent to
occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, then Seller may
terminate this Agreement by notifying Purchaser thereof, in which event neither party shall have
any further rights or obligations hereunder and Seller may retain the Earnest Money as liquidated
damages and as Seller's exclusive remedy.
6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its
obligations under this Agreement for any reason other than termination of this Agreement by
Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and
thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii)
Purchaser may seek any other rights, resources or remedies (including, without limitation, specific
performance) available to Purchaser, such rights, remedies and resources hereunder to be
cumulative, and not in exclusion of any other.
7. General Provisions.
7.1 Time. TIME IS OF THE ESSENCE of this Agreement.
7.2 Full Authority. Each of the signatories to this Agreement represents and
warrants that he/she has the full right, power, legal capacity and authority to enter into and
perform his obligations hereunder and no approval or consents of any other person are necessary
in connection herewith.
7.3 Negation of Agency and PartnersAny agreement by either party to
cooperate with the other in connection with any provision of this Agreement shall not be construed
as making either party an agent or partner of the other party.
7.4 Applicable Law. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Oregon.
7.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
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APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
7.6 Seve. If any provision of this Agreement shall be held to be void
or invalid, the same shall not affect the remainder hereof which shall be effective as though the
void or invalid provision had not been contained herein.
7.7 Modification or Amendments. No amendment, change or modification
of this Agreement shall be valid, unless in writing and signed by all the parties hereto.
7.8 Waiver. Except as otherwise provided in this Agreement, failure of
either party at any time to require performance of any provision of this Agreement shall not limit
the party's right to enforce the provision, nor shall any waiver of any breach of any provision be
a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other
provision.
7.9 Assignment. Seller shall not delegate its duties under this Agreement to
any parry without the written consent of Purchaser which may be granted or withheld in the sole
and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing
obligation of Seller regarding remediation of hazardous materials which may be located on the
Property and for indemnification as provided in this Agreement constitute a material portion of
the consideration for entry into the Agreement by Purchaser. Purchaser shall not assign its right,
title and interest under this Agreement without the prior written consent of Seller, which consent
shall not be unreasonably withheld by Seller; provided, however that no such consent shall release
Purchaser from its obligations hereunder.
7.10 Successors and Assigns. Subject to the provisions of Section 8.9, this
Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their
respective heirs, legal representatives, successors and assigns.
7.11. All notices required or provided under this Agreement shall be
in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as
certified mail, postage prepaid, directed to the other party at the address set forth below or such
other address as the party may indicate by written notice to the other as provided herein; notice
given in any other manner shall be effective upon receipt by the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
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If to Seller, to: Sandra F. Clute
11070 SW Errol Street
Tigard, OR 97223
If to Purchaser,
to: City of Tigard
Attn: Ed Wegner
13125 SW Hall Boulevard
Tigard, OR 97223
With a
Copy to: Pamela J. Beery
O'Donnell Ramis Crew Corrigan
& Bachrach
1727 N.W. Hoyt Street
Portland, Oregon 97209
7.12 Counte s. This Agreement may be executed in several counterparts,
each of which shall be an original, but all of which shall constitute but one and the same
agreement.
7.13 motions and Headings. The captions and headings of this Agreement
are for convenience only and shall not be construed or referred to in resolving questions of
interpretation or construction.
7.14 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any
period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the
next day which is not a Saturday, Sunday or such holiday.
7.15 Commissions. Each party warrants that it has not utilized the services
of an agent, broker or finder with regard to the transaction contemplated by this Agreement.
Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby
agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third
parties not named herein for brokerage, commission, finder's or other fees relative to this
Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or
expenses arising therefrom, and alleged to be due by authorization of the indemnifying party.
7.16 Attorney Fees. If a suit, action, or other proceeding of any nature
whatsoever (including any proceeding under the U.S. Bankruptcy Code) is instituted in connection
with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder,
the prevailing parry shall be entitled to recover its attorneys', paralegals', accountants', and other
experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary
in connection therewith, as determined by the court at trial or on any appeal or review, in addition
to all other amounts provided by law.
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7.17 Entire greement. This Agreement constitutes the entire agreement
between and among the parties, integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof.
EXECUTED as of the Effective Date.
SELLER: PURCHASER:
City of Tigard, an Oregon municipal
corporation
Sandra F. Clute
By:
V Name: rr,es vi i r c>U
t Ile m
Duly Au orized Representative
ACCEPTANCE BY TITLE COMPANY
, by its duly authorized signature below, agrees to accept this escrow
on the terms and conditions of, and to comply with the instructions contained in, the foregoing
Agreement.
By:
Its:
I
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F-,:i BIT "A"
A tract of land in Section 5, Township 2 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon, described as follows:
Beginning at an iron pipe on the North and South centerline of Section 5,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon, said iron pipe being North 01 48' East 1897.04
feet from the South one-quarter corner of said Section 5; running thence from
said beginning point South 890 12' East 337.1 feet to an iron pipe; thence North
00 48' East 225 feet to a point; thence North 890 12' West 312 feet, more or
less, to a point 25 feet East of the North-South centerline of said Section 5;
thence North 00 48' East parallel with said North-South centerline 764 feet, more
or less, to a point 25 feet South of the South right of way line of Scholls Ferry
Road (County Road No. 812); thence Northeasterly to a point on the South right of
way line of Scholls Ferry Road which is 50 feet East of the North-South
centerline of Section 5; thence Westerly along said South right of way line 50
feet to the North-South centerline of Section 5; thence South 0° 48' West 989
feet, more or less, to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to Tom Miller Builder, Inc., an Oregon
corporation, by Bargain and Sale Deed recorded April 17, 1995 under Recorder's
Fee No. 95026309.
i