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98-082816 or 98-055401 ~ Sunrise Lane S' OF OREGON SS County of Washington I, Jerry R. Hanson, Director of Assess- ment and Taxation and Ex-Officio County Clerk 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 98082816 Rect: 213811 21.00 07/29/1998 03:38:35pm l,3 A M E R c ~ 1 9 c4- STATUTORY WARRANTY DEED GERALD C. CACH AND JOAN L. CACH, EACH AS TO AN UNDIVIDED 50% INTEREST AS TENANTS IN COMMON WITH NO RIGHT OF SURVIVORSHIP , Grantor, conveys and warrants to THE CITY OF TIGARD, OREGON Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: SEE EXHIBIT "A" ATTACHED. SUBJECT TO: 1998-99 TAXES A LIEN DUE BUT NOT YET PAYABLE. UNIFIED SEWERAGE AGENCY. ROAD MAINTENANCE AGREEMENT RECORDED JULY 21, 1980 FEE 80024956. COVENANT RECORDED MARCH 24, 1998 FEE 98028659. This property is free of liens and encumbrances, EXCEPT: 0 O 0 a E p THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN r 0 C() VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING m ° THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH C THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO 7J DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN g ~p ORS 30.930. x The true consideration for this conveyance is $ 340,200.00 (Here comply with the requirements of ORS 93.030) 0 A PORTION OF THE FUNDS WILL BE PAID TO A R4CILITATOR IN CONNECTION WITH A 1031 EXCHANGE Dated this 22 day of July 19 98 GE 4C. CACH J, L. CACH STATE OF OREGON County of WASHINGTON }ss. BE IT REMEMBERED, That on this 24 day of July , 19 98 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named GERALD C. CACH AND JOAN L. CACH known to me to be the identical individual s-described in and who executed the within instrument and acknowledged to me that THEY executed the same freely and voluntaril _ IN TESTIMONY WHEREOF, I have hereunto set an ed my o ciaZ se"e day and year last above written. OFFICIAL SEAL GLORIA MILLER Notary Public for Oregon. NOTARY PUBLIC • OREGON My Commission expires 4-16-2002 (:OMMIS510N N0.310273 MY COMMISSION 901868 APk t o 2002 Title Order No. 849801 Escrow No. 98051196 THIS SPACE RESERVED FOR RECORDER'S USE After recording return to: Ed We ner 13125 SW Hall Blvd. Ti and OR 97223 Name, Address, Zip Until a change is requested all tax statement shall be sent to the following address. Ed Wegner 13125 SW Hall Blvd Tigard, OR 9 223 Name, Address, Zip f Order No. 849801 EXHIBIT "A" A tract of land located in the Southeast quarter of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at the South quarter corner of Section 5; thence North 00°47'29" East along the West boundary of said quarter section, a distance of 927.85 feet to the Northwest comer of that tract described in a deed to Gerald L Cach and Joan L Cach, recorded October 12, 1962 in Book 472, page 544, of the Washington County Deed Records, said comer bearing North 89° 10'59" West, a distance of 1.04 feet from a 3/8" iron pipe; thence South 89°10'59" East along the North line of said tract, a distance of 400.00 feet to the true point of beginning of the tract herein described; thence continuing South 89° 10'59" East along the North line of said tract, a distance of 224.11 feet; thence South 01°00'50" West along the North line of said tract, a distance of 10.03 feet; thence South 18°56'57" West, a distance of 182.02 feet; thence South 26°53'15" East, a distance of 298.08 feet; thence North 88°37'17' Fast, a distance of 12.63 feet; thence South 00°37'36" West, a distance of 58.28 feet, to the Northwest comer of that tract described in a Deed to Cleve D. Ward, Janice E. Ward and Neve D. Ward by a Deed recorded November 27, 1995 as Fee No. 95-086908 of the Washington County Deed Records; thence South DO°31'09" West along the West line of said tract, and on the West line of that tract Quitclaimed to Joan L. Cach, recorded January 21, 1977 and recorded in Book 1139, page 919, of the Washington County Deed Records, a distance of 260.21 feet to the Southwest corner of said Quitclaimed tract; thence North 89°49'00" West along the South line of that tract of land described in a Deed to Gerald L. Cach and Joan L. Cach recorded on November 8, 1968 in Book 718, page 367, of the Washington County Deed Records, a distance of 219.88 feet; thence leaving said South line, North 17°08'45" West, a distance of 324.61 feet to a point on the South fine of that tract described in said Book 472, page 544; thence North 00°47'29" East. a distance of 458.57 feet to the true point of betlinninc. .3 u ' S- OF OREGON Cou„`.y 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 the within instrument of writing was received and recorded in book of recordsof said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk Doc : 98082815 Rect: 213811 36.00 07/29/1998 03:38:35pm • A«•sat * ti ****MM DEED IS IIHINC RE-RECORDED TO CORRECT TSE LEGAL DESCRIPTION ~ HHICB wAS RECORDED 03/24/98 FEE NO. 98028660. U STATUTORY WARRANTY DEED / GERALD C. CACH and JOAN L. CACH. "each as to an undivided 50% interest. as tenants to nomon with no right of ■urvlyorshiD" -Grantor, conveys and warrants to THE CITY OF TIGARD OREGON . (}ranter, the following dambed real property free of lima and encumbrance, eucpt as specifically act forth herein: For legal description see Exhibit "A" attached hereto STATUTORY POWERS AND ASSESSMENTS OF UNIFIED SEWERAGE AGENCY. ROAD MAINTENANCE AGREEMENT RECORDED JULY 21, 1980 AS FEE NO. 80 024958. THIS DEED IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION Ij~ Ati fCcOrcUcl 2-5 ct ~oZ ~CvtoC L.rcl cI~O~S~{O This property is free of fiens and encumbrances, EXCEPT: THIS INSTRUMEN'T' Will. NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEVI'ING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY F14OULD 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 true consideration for this conveyance is S 427.000.00* (Hem comply w to tno mquimments of ORS 93MO) Dated this of 19 Gerald Cacti Jo L. Cach O E i STATE OF OREGON County of WASHINGTON }ss. i BE IT REMEMBERED, That on this day of 19 , before me, the undo rignetd a Notary Public m and foe said County and State, personally appeared the within named GERALD C. CACH AND JOAN L. CACH known to me to be the identical individual a_described in and t and acknowledged to me that THEY crecuted the same freely and IN TESTIMONY WHEREOF, 1 have hereunto s ny hand a o t ' Ee day and year last above written GLORLIk 09:Q lREAL qt NODAYR MIS My Commission e:rpm (per oe_O gnn COMMS tON No. 310273 Yr COMM$" DYMS Alit 16. ~ Tide Order No. 837340 Escrow No. 97052901 THIS SPACE RESERVED FOR RECORDER'S USE After neordfng return to: WASHINGTON COUNTY OREGON Ill SE W H 0 S-4 BORO OR 97123 anp~ Nam, Address, ap t►i atalorA add all tax .ta:.nwnt shatbe pent nc WASHINGTON COUNTY OREGON Ill SE WASHTNGTON/MS-42 HILLSBORO. OR 97123 Name, Address. ap 2 PARCEL 1 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE OF 154.^6 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, SAID POINT BEARING NORTH 89°49'00" WEST, A DISTANCE OF 0.63 FEET FROM A 1" IRON PIPE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON COUNTY DEED RECORDS; THENCE CONTINUING NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE OF 772.89 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH 89°10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 624.11 FEET; THENCE SOUTH 01 °00'50" WEST, A DISTANCE OF 10.03 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 18°56'57" WEST, A DISTANCE OF 182.02 FEET; THENCE SOUTH 26°53'15" EAST, A DISTANCE OF 298.08 FEET; THENCE NORTH 88°37'17" EAST, A DISTANCE OF 12.63 FEET; THENCE SOUTH 00°37'36" WEST, A DISTANCE OF 58.28 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED RECORDED NOVEMBER 27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 00°31'09" WEST ALONG THE WEST LINE OF SAID TRACT, AND THE WEST LINE OF THAT TRACT QUITCLAIMED TO JOAN L. CACH, RECORDED JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON PAGE 919 OF THE WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 260.21 FEET TO THE SOUTH WEST CORNER OF SAID QUITCLAIMED TRACT; THENCE NORTH 89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED 3 3 ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 719.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 508,854 SQUARE FEET 11.68 ACRES MORE OR LESS. i z4- - STATE OR OREGON County of Washington SS I, Jerry ntryl r seg- ment and n o County Clerk for Qt o rtity that the wit calved aand re of said county R.'i f o Irector of aeSimiint` axatIon, Ex- lark Doc 98028660 Rect: 205513 28.00 03/24/1998 04:19:26pm R. Hanson, uuectar of Assessn art and Taxation and Ex-Officio County Clerk for t R Washington County, do hereby certify this to be z YI and correct copy of the original. Date: • C~ ~o By: q~, COt. Title: 1 gTp, Of OREU%pg county of Waahtn9t~ of Assess- t, ,ferry n C rtN than rnent and Id,~a t oeWed Clerk for 41 Pn of aald the With .r, . s.. rde and county. c recto of on, EY.- `a lark 98055401 43.00 poc 209417 Rect- 98 ,O.46:14aM 05/27/19 r r • STATE OF OREGON 1 r 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 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 : 98055401 Rect: 209417 43.00 05/27/1998 10:46:14am f r ****THE DE -M IS BEING RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION WHICH WAS RECORDED 03/24/98 FEE NO. 98028660. AM. STATUTORY WARRANTY DEED GERALD C. CACH and JOAN L. CACH "each as to an undivided 50% interest, as tenants in common with no right of survivorship" , Grantor, conveys and warrants to THE CITY OF TIGARD, OREGON ,Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: For legal description see Exhibit "A" attached hereto STATUTORY POWERS AND ASSESSMENTS OF UNIFIED SEWERAGE AGENCY. ROAD MAINTENANCE AGREEMENT RECORDED JULY 21, 1980 AS FEE NO. 80 024958. This property is free of liens and encumbrances, EXCEPT: 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 true consideration for this conveyance is $ 427.000.00* (Here comply with the requirements of ORS 93.030) *PAID TO AN A COMMODAT R PURSUANT TO AN RC 1031 EXCHANGE Dated this 2 ay of )T~ 19 i Gerald Cach Jo L. Cach 0 s c c7 CZ. E STATE OF OREGON County of WASHINGTON }ss. iA I V~ BE IT REMEMBERED, That on this .day of , 19-4, before me, the ~ undersigned a Notary Public in and for said County and State, personally appeared the within named GERALD C. CACH AND JOAN L CACH e d known to me to be the identical individual s-described in and wh nt and acknowledged to 2jm me that THEY executed the same freely and volunt IN TESTIMONY WHEREOF, I have hereunto se my hand a affix o e day and year last above written. OFFICIAL SEAL GLORIA MILLER L/ ary P liF or_ *gon. W-F NOTARY PUBLIC - OREGON My Commission expires / COMMISSION No. 310273 MY COMMISSION EXPIRES APR. 16, 2002 Title Order No. 837340 Escrow No. 97052901 THIS SPACE RESERVED FOR RECORDER'S USE After recording return to: WASHINGTON COUNTY OREGON 111 SE WASHINGTON/MS-42 HILLSBORO OR 97123 Name, Address, Zip Until a change is requested all tax statement shall be sent to the following address. WASHINGTON COUNTY OREGON 111 SE WASHINGTON/MS-42 HILLSBORO OR 9 123 Name, Address, Zip 1~ PARCEL I LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN WASHINGTON COUNTY OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5; THENCE NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE OF 154.96 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, SAID POINT BEARING NORTH 89°49'00" WEST, A DISTANCE OF 0.63 FEET FROM A I" IRON PIPE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON COUNTY DEED RECORDS; THENCE CONTINUING NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE OF 772.89 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON OCTOBER 12, 1962 IN BOOK 472, ON PAGE 544, OF THE WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH 89° 10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 624.11 FEET; THENCE SOUTH 01°00'50" WEST, A DISTANCE OF 10.03 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 18°56'57" WEST, A DISTANCE OF 182.02 FEET; THENCE SOUTH 26°53'15" EAST, A DISTANCE OF 298.08 FEET; THENCE NORTH 88°37'17" EAST, A DISTANCE OF 12.63 FEET; THENCE SOUTH 00°37'36" WEST, A DISTANCE OF 5828 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED RECORDED NOVEMBER 27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 00°31'09" WEST ALONG THE WEST LINE OF SAID TRACT, AND THE WEST LINE OF THAT TRACT QUITCLAIMED TO JOAN L. CACH, RECORDED JANUARY 21, 1977 AND RECORDED IN BOOK 1139, ON PAGE 919 OF THE WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 260.21 FEET TO THE SOUTH WEST CORNER OF SAID QUITCLAIMED TRACT; THENCE NORTH 89°49'00" WEST ALONG THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED i ON NOVEMBER 8, 1968 IN BOOK 718, ON PAGE 367, OF THE WASHINGTON COUNTY DEED RECORDS, A DISTANCE OF 719.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 508,854 SQUARE FEET 11.68 ACRES MORE OR LESS. r, I PARCEL 2 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN WASHINGTON COUNTY, OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 5, THENCE NORTH 00°47'29" EAST ALONG THE WEST BOUNDARY OF SAID QUARTER SECTION, A DISTANCE OF 927.85 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED TO GERALD L. CACH AND JOAN L. CACH, RECORDED ON OCTOBER 12, 1962, IN BOOK 472, ON PAGE 544, OF THE WASHINGTON COUNTY DEED RECORDS, SAID CORNER BEARING NORTH 89° 10'59" WEST, A DISTANCE OF 1.04 FEET FROM A 3/8" IRON PIPE; THENCE SOUTH 89°10'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 624.11 FEET; THENCE SOUTH 01 °00'50", A DISTANCE OF 10.03 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTH 88°41'59" EAST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 217.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT DESCRIBED IN A DEED TO CHRISTOPHER L. CACH AND SHERI L. CACH BY DEED RECORDED JUNE 3, 1996 IN FEE NO. 96-33077 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 05°00'48" EAST ALONG THE WEST LINE OF SAID TRACT. A DISTANCE OF 227.46 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°49'00" EAST ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 180.12 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MENLOR LANE, 20 FEET FROM THE CENTER LINE THEREOF, MEASURED PERPENDICULAR THERETO, AS DEDICATED BY DEED RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE 81 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE SOUTH 04012'11 " WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 115.64 FEET, TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN A DEED TO ELTON C. PHILLIPS AND SABINA JEANNE PHILLIPS, RECORDED NOVEMBER 12, 1968, IN BOOK 723, ON PAGE 730 OF THE WASHINGTON COUNTY DEED RECORDS: THENCE NORTH 89°49'00" WEST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 182.00 FEET TO THE NORTH WEST CORNER THEREOF; THENCE SOUTH 04°12'11" WEST, ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 110.05 FEET TO THE SOUTHWEST CORNER THEROF; THENCE SOUTH 89°49'00" EAST ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 182.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MENLOR LANE, 20 FEET FROM THE CENTER LINE THEREOF, MEASURED PERPENDICULAR THERETO, AS P ~ , w DEDICATED BY DEED RECORDED ON MAY 14, 1931 IN BOOK 147, ON PAGE 81 OF THE WASHINGTON COUNTY DEED RECORDS, THENCE SOUTH 04012'11 " WEST, ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 31.54 FEET TO AN ANGLE POINT, THENCE SOUTH 00°35'17" WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 18.28 FEET TO THE NORTHEAST CORNER OF THAT TRACT DESCRIBED IN A DEED TO CLEVE D. WARD, JANICE E. WARD, AND NEVE D. WARD BY A DEED RECORDED NOVEMBER 27, 1995 AS FEE NO. 95-086908 OF THE WASHINGTON COUNTY DEED RECORDS. THENCE NORTH 89°48'09" WEST ALONG THE NORTH LINE OF SAID TRACT, A DISTANCE OF 310.21 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00°37'36" EAST, A DISTANCE OF 58.28 FEET; THENCE SOUTH 88°3717" WEST, A DISTANCE OF 12.63 FEET; THENCE NORTH 26°53' 15" WEST, A DISTANCE OF 298.08; THENCE NORTH 18°56'57" EAST, A DISTANCE OF 182.02 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED TRACT CONTAINS 140,422 SQUARE FEET, 3.22 ACRES MORE OR LESS. i W STATE OF OREGON County of Washington SS I, Jerry R. Hanson, Director o ssess- ment and Taxation and Ex-Off' o County Clerk for said county, do her certify that the within instrument of writ' was received and recorded in book records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk Doc : 98028660 Rect: 20551:3 28.00 03/24/1998 04:19:26pm r'"~',,If~""{.`~-; ~ ~ ,,'4 ,'~+~'`~?N' . ~ ' . w ;H;,r V2, ,,.~T.„~•Ay~U p r )C~`~p _ ~p 6 111? ~y ' l 'IV ~J ~y fit, 7fi , ;k ~"~Y ~1F1' ~V :r'- "'R~'10. K13►"'9F'~."T y-3, w ~-~rr ;:a , all' ICU C) /-So EMI "~'~r ''III _ ~ ,G V. 40, W, ts 4V w r • v (,0 1792) ALTA Owner's Policy O POLICY OF TITLE INSURANCE , + 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, ( rf SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF w., 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: 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 s°'£ the extent provided in the Conditions and Stipulations. - "4 Countersigned ~ 1~_ l 0; 1 Aut ed Offic zF ~ K~~ ~ ditegot dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON 11P ~ rV ' BY PRESIDENT ATTEST U y ' - SECRETARY  r e WW~l Ti-193 8/93 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 th,, 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: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage for any loss or damage caused thereby. and shall state, to the extent possible, the basis of calculating (b) In the event of any litigation, including litigation by The following terms when used in this policy mean: the amount of the loss or damage. If the Company is the Company or with the Company's consent, the Company (a) "insured": the insured named in Schedule A, and, prejudiced by the failure of the insured claimant to provide the shall have no liability for loss or damage until there has been subject to any rights or defenses the Company would have required proof of loss or damage, the Company's obligations a final determination by a court of competent jurisdiction, had against the named insured, those who succeed to the to the insured under the policy shall terminate, including any and disposition of all appeals therefrom, adverse to the title interest of the named insured by operation of law as liability or obligation to defend, prosecute, or continue any as insured. distinguished from purchase including, but not limited to, litigation, with regard to the matter or matters requiring such (c) The Company shall not be liable for loss or heirs, distributees, devisees, survivors, personal representa- proof of loss or damage. damage to any insured for liability voluntarily assumed by the tives, next of kin, or corporate or fiduciary successors. In addition, the insured claimant may reasonably be Y insured in settling any claim or suit without the prior written (b) "insured claimant": an insured claiming loss or required to submit to examination under oath by any consent of the Company. damage, authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable 10. REDUCTION OF INSURANCE; REDUCTION OR (c) "knowledge" or "known": actual knowledge, not times and places as may be designated by any authorized TERMINATION OF LIABILITY. constructive knowledge or notice which may be imputed to representative of the Company, all records, books, ledgers, an insured by reason of the public records as defined in this checks, correspondence and memoranda, whether bearing a policy or any other records which impart constructive notice date before or after Date of Policy, which reasonably pertain All payments underthis policy, except payments made of matters affecting the land. to the loss or damage. Further, if requested by any authorized for costs, attorneys' fees and expenses, shall reduce the (d) "land": the land described or referred to in representative of the Company, the insured claimant shall amount of the insurance pro tanto. Schedule (A), and improvements affixed thereto which by law grant its permission, in writing, for any authorized rep- 11. LIABILITY NONCUMULATIVE. constitute real property. The term "land" does not include any resentative of the Company to examine, inspect and copy all property beyond the lines of the area described or referred records, books, ledgers, checks, correspondence and mem- to in Schedule (A), nor any right, title, interest, estate or oranda in the custody or control of a third party, which It is expressly understood that the Amount of In- easement amount in abutting streets, roads, avenues, alleys, lanes, reasonably pertain to the loss or damage. All information Company may pay under any policy insuring a mortgage to ways or waterways, but nothing herein shall modify or limit designated as confidential by the insured claimant provided which exception is taken in Schedule B or to which the e the extent to which a right of access to and from the land is to the Company pursuant to this Section shall not be insured has agreed, assumed, c taken subject, or which insured by this policy. disclosed to others unless, in the reasonable judgment of the hereafter executed by an insured and which i t a charge or (e) "mortgage": mortgage, deed of trust, trust deed, Company, it is necessary in the administration of the claim. lien on the estate or interest described or referred to in or other security instrument. Failure of the insured claimant to submit for examination Schedule A, and the amount d paid shall be deemed a (f) "public records": records established under state under oath, produce other reasonably requested information payment under this policy to the insured owner. statutes at Date of Policy for the purpose of imparting or grant permission to secure reasonably necessary informs constructive notice of matters relating to real property to tion from third parties as required in this paragraph, unless 12PAYMENT OF LOSS. purchasers for value and without knowledge. With respect to prohibited by law or governmental regulation, shall terminate Section 1(a)(iv) of the Exclusions From Coverage, "public any liability of the Company under this policy as to that claim. (a) No payment shall be made without producing this records" shall also incude environmental protection liens filed 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy for endorsement of the payment unless the policy has in the records of the clerk of the United States district court TERMINATION OF LIABILITY been lost or destroyed, in which case proof of loss or for the district in which the land is located. destruction shall be furnished to the satisfaction of the (g) "unmarketability of the title": an alleged or In case of a claim under this policy, the Company shall Company. apparent matter affecting the title to the land, not excluded or have the following additional options: (b) When liability and the extent of loss or damage has excepted from coverage, which would entitle a purchaser of (a) To Pay or Tender Payment of the Amount of been definitely fixed in accordance with these Conditions and the estate or interest described in Schedule A to be released Insurance. Stipulations, the loss or damage shall be payable within 30 from the obligation to purchase by virtue of a contractual To pay ortender payment of the amount of insurance days thereafter. condition requiring the delivery of marketable title. under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were 13. SUBROGATION UPON PAYMENT 2. CONTINUATION INSURANCE AFTER authorized by the Company, up to the time of payment or OR SETTLEMENT. CONVEYANCE OF F TITLE. tender of payment and which the Company is obligated to pay (a) The Company's Right of Subrogation. The coverage of this policy shall continue in force as Whenever the Company shall have settled and paid a Upon the exercise by the Company of this option, all of of an so in Date retains Policy in favor of nt insured only d, long as the aim under this policy, all right of subrogation shall vest in bility and obligations to the insured under this policy, other sured retains an estate or interest in the land, or holds an an to make the payment required, shall terminate, including e Company unaffected by any act of the insured claimant. indebtedness secured by a purchase money mortgage given any liability or obligation to defend, prosecute, or continue The Company shall be subrogated to and b~ entitled to all by a a the have any remedies li 6ility by reason of covenants long warsarty any litigation, and the policy shall be surrendered to the had rights insured sC~ J have from on which or p operty in rsp ct claimant to othe claim made by ingurgti in any transfer or conveyance of the Company for cancellation. had this policy not been issued. If requested by the Company, estate or interest. This policy shall not continue in force in (b) To Pay or Otherwise Settle With Parties Other than the insured claimant shall transfer tathe Corr pony all rights favor of any purchaser from the insured of either (i) an estate e Insured or With the Insured Claimant. d remedies against any person or property necessary in or interest in the land, or (ii) an indebtedness secured by a (i) to pay or otherwise settle with other parties far der to perfect this right of subrogation. The insured purchase money mortgage given to the insured. r in the name of an insured claimant any claim insured claimant shall permit the Company to sue, compromise or against under this policy, together with any costs, attorneys' settle in the name of the insured claimant and to use the name 3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation INSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies. and which the Company is obligated to pay, or If a payment on account of a claim does not fully cover The insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be writing (i) in case of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy, subrogated to these rights and remedies in the proportion below, (ii) in case knowledge shall come to an insured together with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount hereunder of any claim of title or interest which is adverse to incurred by the insured claimant which were authorized by the of the loss. the title to the estate or interest, as insured, and which might Company up to the time of payment and which the Company If loss should result from any act of the insured cause loss or damage for which the Company may be liable is obligated to pay. claimant, as stated above, that act shall not void this policy, by virtue of this policy, or (iii) if title to the estate or interest, Upon the exercise by the Company of either of the but the Company, in that event, shall be required to pay only as insured, is rejected as unmarketable. If prompt notice shall options provided for in paragraphs (b)(i) or (ii), the Com- that part of any losses insured against by this policy which not be given to the Company, then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, if any, lost to the Company by of the Company shall terminate with regard to the matter or claimed loss or damage, other than the payments required to reason of the impairment by the insured claimant of the matters for which prompt notice is required; provided, be made, shall terminate, including any liability or obligation Company's right of subrogation. however, that failure to notify the Company shall in no case to defend, prosecute or continue any litigation. (b) The Company's Rights Against non-insured prejudice the rights of any insured under this policy unless Obligors. the Company shall be prejudiced by the failure and then only 7. DETERMINATION, EXTENT OF LIABILITY The Company's right of subrogation against non- to the extent of the prejudice. AND COINSURANCE. insured obligors shall exist and shall include, without 4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation, the rights of the insured to indemnities, guaranties, DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the other policies of insurance or bonds, notwithstanding any insured claimant who has suffered loss or damage by reason terms or conditions contained in those instruments which (a) Upon written request by the insured and subject to of matters insured against by this policy and only to the extent provide for subrogation rights by reason of this policy. the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION. Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law, either the Com- insured in litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A; pany or the insured may demand arbitration pursuant to the adverse to the title or interest as insured, but only as to those or Title Insurance Arbitration Rules of the American Arbitration stated causes of action alleging a defect, lien or en- (ii) the difference between the value of the insured Association. Arbitrable matters may include, but are not cumbrance or other matter insured against by this policy. The estate or interest as insured and the value of the insured estate limited to, any controversy or claim between the Company Company shall have the right to select counsel of its choice or interest subject to the defect, lien or encumbrance insured and the insured arising out of or relating to this policy, any (subject to the right of the insured to object for reasonable against by this policy. service of the Company in connection with its issuance or cause) to represent the insured as to those stated causes of (b) In the event the Amount of Insurance stated in the breach of a policy provision or other obligation. All action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is any other counsel. The Company will not pay any fees, costs the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either or expenses incurred by the insured in the defense of those consideration paid for the land, whichever is less, or if the Company or the insured. All arbitrable matters when the causes of action which allege matters not insured against by subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of $1,000,000 shall be this policy. on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the (b) The Company shall have the right, at its own cost, or interest by at least 20 percent over the Amount of insured. Arbitration pursuant to this policy and under the to institute and prosecute any action or proceeding or to do Insurance stated in Schedule A, then this Policy is subject to Rules in effect on the date the demand for arbitration is made any other act which in its opinion may be necessary or the following: or, at the option of the insured, the Rules in effect at Date of desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may insured, or to prevent or reduce loss or damage to the made, as to any partial loss, the Company shall only pay the include attorneys' fees only if the laws of the state in which insured. The Company may take any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys' fees to the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party. Judgment upon the award rendered by the hereunder, and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s) may be entered in any court having jurisdiction any provision of this policy. If the Company shall exercise its improvement has been made, as to any partial loss, the thereof. rights under this paragraph, it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an (c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules. action or interposed a defense as required or permitted by the A bears to the sum of the Amount of Insurance stated in A copy of the Rules may be obtained from the provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request. litigation to final determination by a court of competent The provisions of this paragraph shall not apply to jurisdiction and expressly reserves the right, in its sole costs, attorneys' fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY; discretion, to appeal from any adverse judgment or order. is liable under this policy, and shall only apply to that portion POLICY ENTIRE CONTRACT. (d) In all cases where this policy permits or requires of any loss which exceeds, in the aggregate, 10 percent of the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements, if any, action or proceeding, the insured shall secure to the (c) The Company will pay only those costs, attorneys' attached hereto by the Company is the entire policy and Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance with Section 4 of contract between the insured and the Company. In interpret- action or proceeding, and all appeals therein, and permit the these Conditions and Stipulations. ing any provision of this policy, this policy shall be construed Company to use, at its option, the name of the insured for this as a whole. purpose. Whenever requested by the Company, the insured, 8. APPORTIONMENT. (b) Any claim of loss or damage, whether or not at the Company's expense, shall give the Company all based on negligence, and which arises out of the status of reasonable aid (i) in any action or proceeding, securing If the land described in Schedule (A)(C) consists of two the title to the estate or interest covered hereby or by any evidence, obtaining witnesses, prosecuting or defending the or more parcels which are not used as a single site, and a loss action asserting such claim, shall be restricted to this policy. action or proceeding, or effecting settlement, and (ii) in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President, a Vice President, the interest as insured. If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company. Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY. prosecute, or continue any litigation, with regard to the matter Company and the insured at the time of the issuance of this or matters requiring such cooperation. policy and shown by an express statement or by an In the event any provision of the policy is held invalid endorsement attached to this policy, or unenforceable under applicable law, the policy shall be 5. PROOF OF LOSS OR DAMAGE. deemed not to include that provision and all other provisions 9. LIMITATION OF LIABILITY. shall remain in full force and effect. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been (a) If the Company establishes the title, or removes the 17. NOTICES, WHERE SENT. provided the Company, a proof of loss or damage signed and alleged defect, lien or encumbrance, or cures the lack of a swnrn to by the insured rlnmint shall ho fiirnichori to tha noht of access to or from the land nr cures the claim of All -.6-A k  -j- -U u uc VI- 11 i l UI a y a u dily Company within 90 days after the insured claimant shall unmarketability of title, all as insured, in a reasonably diligent statement in writing required to be furnished the Company shall ascertain the facts giving rise to the loss or damage. The manner by any method, including litigation and the comple- be addressed to it at its main office at 200 S.W, Market. Suite 250. proof of loss or damage shall describe the defect in, or lien tion of any appeals therefrom, it shall have fully performed its Portland. Oregon 97201-5730. or to the office which issued this or encumbrance on the title, or other matter insured against obligations with respect to that matter and shall not be liable policy. SCHEDULE A Policy No.: 849801 Amount of Insurance: $340,200.00 Premium: $1,037.00 Date of Policy: July 29, 1998 at 3:38PM 1. Name of Insured: THE CITY OF TIGARD, OREGON--- 2. The estate or interest in the land which is covered by policy is: The fee simple estate--- 3. Title to the estate or interest in the land is vested in: THE CITY OF TIGARD, OREGON--- 4. The land referred to in this policy is described as follows: For legal description see Exhibit "A" attached hereto. PAGE 1 of Owner's Policy (1992) No. 849801 .as EXHIBIT "A" A tract of land located in the Southeast quarter of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at the South quarter corner of Section 5; thence North 00°47'29" East along the West boundary of said quarter section, a distance of 927.85 feet to the Northwest corner of that tract described in a deed to Gerald L. Cach and Joan L. Cach, recorded October 12, 1962 in Book 472, page 544, of the Washington County Deed Records, said corner bearing North 89° 10'59" West, a distance of 1.04 feet from a 3/8" iron pipe; thence South 89° 10'59" East along the North line of said tract, a distance of 400.00 feet to the true point of beginning of the tract herein described; thence continuing South 89° 10'59" East along the North line of said tract, a distance of 224.11 feet; thence South 01°00'50" West along the North line of said tract, a distance of 10.03 feet; thence South 18°56'57" West, a distance of 182.02 feet; thence South 26°53'15" East, a distance of 298.08 feet; thence North 88°37'17" East, a distance of 12.63 feet; thence South 00°37'36" West, a distance of 58.28 feet, to the Northwest corner of that tract described in a Deed to Cleve D. Ward, Janice E. Ward and Neve D. Ward by a Deed recorded November 27, 1995 as Fee No. 95-086908 of the Washington County Deed Records; thence South 00°31'09" West along the West line of said tract, and on the West line of that tract Quitclaimed to Joan L. Cach, recorded January 21, 1977 and recorded in Book 1139, page 919, of the Washington County Deed Records, a distance of 260.21 feet to the Southwest corner of said Quitclaimed tract; thence North 89°49'00" West along the South line of that tract of land described in a Deed to Gerald L. Cach and Joan L. Cach recorded on November 8, 1968 in Book 718, page 367, of the Washington County Deed Records, a distance of 219.88 feet; thence leaving said South line, North 17°08'45" West, a distance of 324.61 feet to a point on the South line of that tract described in said Book 472, page 544; thence North 00°47'29" East, a distance of 458.57 feet to the true point of beginning. PAGE 2 of Owner's Policy (1992) No. 849801 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. Taxes for the fiscal year 1998-99 a lien not yet payable. 7. Statutory Powers and Assessments of Unified Sewerage Agency. Note: There are no liens as of the date of this policy. 8. Road Maintenance Agreement, including the terms and provisions thereof, Dated June--, 1980 Recorded July 21, 1980 as Fee No. 80024956 Executed by Gerald C. Cach, et ux, et al Covenant, including the terms and provisions thereof, Dated March 23, 1998 Recorded March 24, 1998 as Fee No. 98028659 Executed by Gerald C. Cach, Joan L. Cach and the City of Tigard, Oregon PAGE 3 of Owner's Policy (1992) No. 849801 THIS MAP IS FURNISHtD AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY First American Title Insurance Company of Oregon An assumeC business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE. PORTLAND, OR 97201-5512 (503) 222-3651 - :eo" Stu q W . 639e - \ 100 a 200 9.54 AC X11 r_••- - ~ C.S. ❑360 C.Z 13E) - L - - - - I 200 - -I q 9 • >0 LLJ / Ol 21 } I I _..o- - MAP 9A S ' . bS nME P. ~C - -a First.. _,nerican Title Insurance ompany of Oregon An .,.-d business of TITLE INSURANCE COMPANY OF OREGON _01 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 FAX (503) 790-7865 or (503) 790-7858 Preliminary Title Report June 19, 1998 ALTA Owners Stand. Gov. $340,200.00 Premium $1,037.00 ALTA Owners Ext. Cov. $ Premium $ ALTA Lenders Stand. Cov. $ Premium $ ALTA Lenders Ext. Gov. $ Premium $ Order No. : 849801 Indorsement - 100, 116 & 8.1 Premium $ Escrow No. 98051196 Other Cost $ Re : Cach/City of Tigard Govt. Serv. Charge Cost $ 35.00 A consolidated statement of all charges and advances in con- nection with this order will be provided at closing. First American Title Insurance Company of Oregon 10260 SW Greenburg Road Suite 170 Portland, OR 97223 Attention: Gloria Miller Telephone No.: (503)244-8323 Fax No.: (503)244-8377 We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: For legal description see Exhibit "A" attached hereto; and as of June 12, 1998 at 8:00 a.m_, title vested in: GERALD C. CACH and JOAN L. CACH, as qualified by the following language contained in the deed to the vestee herein: "each as to an undivided 50% interest, as tenants in common with no right of survivorship"; Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1. The assessment roll and the tax roll disclose that the premises herein described were specially assessed as Forest Land pursuant to O.R.S. 321.358 to 321.372. If the land becomes disqualified for the special assessment under the statute, an additional tax may be levied for the last five (5) or lesser number of years in which the land was subject to the special land use assessment. 2. Statutory Powers and Assessments of Unified Sewerage Agency. 3. Road Maintenance Agreement, including the terms and provisions thereof, Dated June--, 1980 Recorded July 21, 1980 as Fee No. 80024956 Executed by Gerald C. Cach, et ux, et al Covenant, including the terms and provisions thereof, Dated March 23, 1998 Recorded March 24, 1998 as Fee No. 98028659 Executed by Gerald C. Cach, Joan L. Cach and the City of Tigard, Oregon This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. Page 2 Order No. 849801 4. The effect of the Warranty Deed Recorded March 24, 1998 as Fee No. 98-28660 Re-recorded May 27, 1998 as Fee No. 98055401 From Gerald C. Cach and Joan L. Cach, "each as to an undivided 50% interest, as tenants in common with no right of survivorship" To The City of Tigard, Oregon The above deeds conveyed more property than was intended and should be corrected. 5. The following matters pertain to Lenders Extended coverage only: (a) Parties in possession, or claiming to be in possession, other than the vestees shown herein. (b) Statutory liens for labor and/or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation. or any rights thereto, where no notice of such liens or rights appears of record. NOTE: Taxes for the year 1997-98 paid in full. Tax Amount $19.60 Code No. 023.78 Account No. 2S15DC-00200 Key No. 482089 (Covers additional property) NOTE: Taxes for the year 1997-98 paid in full. Tax Amount $5.32 Code No. 023.78 Account No. 2S15DC-00300 Key No. 482043 (Covers additional property) NOTE: 1998-99 Prepayment of $6,696.00. (Affects portion within Tax Lot No. 200 and covers additional property) NOTE: 1998-99 Prepayment of $5,121.41. (Affects portion within Tax Lot No. 300 and covers additional property) Page 3 Order No. 849801 NOTE: We find no judgments against THE CITY OF TIGARD, OREGON. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON AML=v* EDMUND SALVATI Title Officer (503) 790-7867 ES:jeh cc: Gerald and Joan Cach cc: City of Tigard Attn: Ed Wegner cc: O'Donnell, Ramis, Crew, et al Attn: Dominic G. Colletta THANK YOU FOR CHOOSING FIRST AMERICAN TITLE We look forward to assisting you in all of your tWe and escrow needs Order No. 849801 EXHIBIT "A" A tract of land located in the Southeast quarter of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at the South quarter corner of Section 5; thence North 00°47'29" East along the West boundary of said quarter section, a distance of 927.85 feet to the Northwest comer of that tract described in a deed to Gerald L Cach and Joan L Cach, recorded October 12, 1962 in Book 472, page 544, of the Washington County Deed Records, said comer bearing North 89° 10'59" West, a distance of 1.04 feet from a 3/8" iron pipe; thence South 89°10'59" East along the North line of said tract, a distance of 400.00 feet to the true point of beginning of the tract herein described; thence continuing South 89° 10'59" East along the North line of said tract, a distance of 224.11 feet: thence South 01°00'50" West along the North line of said tract, a distance of 10.03 feet; thence South 18°56'57" West, a distance of 182.02 feet; thence South 26153'15" East, a distance of 298.08 feet; thence North 88°37'17" East, a distance of 12.63 feet; thence South 00°37'36" West, a distance of 58.28 feet, to the Northwest corner of that tract described in a Deed to Cleve D. Ward, Janice E. Ward and Neve D. Ward by a Deed recorded November 27, 1995 as Fee No. 95-086908 of the Washington County Deed Records; thence South 00°31'09" West along the West line of said tract, and on the West line of that tract Quitclaimed to Joan L. Cach, recorded January 21, 1977 and recorded in Book 1139, page 919, of the Washington County Deed Records, a distance of 260.21 feet to the Southwest corner of said Quitclaimed tract; thence North 89°49'00" West along the South line of that tract of land described in a Deed to Gerald L. Cach and Joan L. Cach recorded on November 8, 1968 in Book 718, page 367, of the Washington County Deed Records, a distance of 219.88 feet; thence leaving said South line, North 17°08'45" West, a distance of 324.61 feet to a point on the South line of that tract described in said Book 472, page 544; thence North 00°47'29" East, a distance of 458.57 feet to the true point of beginning. First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10/17/92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' tees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation pncludrng 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 (rv) 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. hen 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 Detects, 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 pnorto 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 Dale of Policy (except to the extent that this policy insures the pnonty of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforoed herein as to assessments for street Improvements under construction or completed at Date of Policy) or (e) resulting in loss or damage which would not have been sustained A the insured claimant had paid value for the insured mortgage 4 Unentorceabilny of the hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with applicable doing business laws of the state in which the lands situated 5 Invalidity or tmenforceabilrty of the lien of the insured mongaoe. or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law E Any statutory ken for services. labor or materials nor the clam of priority of any statutory hen for services labor or materials over the lien of the insured mortgage) ansmg from an improvement or work related to the land which IS contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance 7. Any Balm, which arises out of the transaction creating the interest of the mortgagee insured by this policy. by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws, that is based or (i) the transaction creating the interest of the insured mortgagee belno deemed a fraudulent conveyance or fraudulent transfer or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination. or (iii) the transaction creating the interest of the insured mortgagee Demg seemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer or (b) of such recordation to impart notice to a Durchaser for value w a judgement or lien creditor ALTA OWNER'S POLICY (10117!92) The following matters are exDressfy excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attomeys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental requlation (Including but not hmlted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy. use, or enjoyment of the land: (if) the character. dimensions or location of any improvement now or nereaher erected on me 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 pan or I iv l 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 deiect. 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 detect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in me puDhc 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 whlcn has occurred prior to Date of Policy which would be boding on the ngnis of a purchaser for value without knowledoe 3. Detects. (lens. encumbrances, adverse claims or other maners (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) attachnq 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 :rncured 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 (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (fi) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure. (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard polity form will contain in Schedule B the following standard exceptions to coverage 1 Taxes or assessments which are not shown as existing hens 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 reservations or exceptions in patents or in acts authonzinq the issuance thereof : water nghts claims or tulle to water 4. Any lien, or night to a hen, 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 encroacnments. or any other facts whicn a correct survey would disclose NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 (10'92) CORRECTED THIS MAP IS FURNIaHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY First American Title Insurance Company of Oregon PIP An assumed business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE. PORTLAND. OR 97201-5512 (503) 222-3651 + . ei• cE. a I' . ..4 I /1 •1 _r- I Bbl ~ - ~"-'M ` - -1 7 3 - - - r-, [ rove FIJA fiu,vrtC4. 19".5w q~' ' ~ ono 1 AILT 3- COVENANT 1. Gerald C. Cach and Joan L. Cach are sellers of real property described as Parcel I in the attached Exhibit A hereto. Washington County, Oregon, and the City of Tigard are Buyerp of Parcel I under a Sale Agreement and Receipt for Earnest Money dated 1-J6U , -:~o , 1997. 2. In order to eliminate the encumbrance against Parcel I existing by virtue of the Road Maintenance Agreement recorded July 21, 1980, as Fee No. 80024956, Sellers have agreed to the Addendum to the above-referenced Sale Agreement, as set forth in Exhibit B hereto. 3. Sellers' assumption of the obligations of the Road Maintetrsace Agreement in the Addendum and pertaining to Parcel I shall constitute a covenant running with the land, described in Exhibit A hereto. Parcel 1 shall be the benefited property and Parcel II shall be the burdened property. SR71, RS: Date: Gerald C. ~~a• LC.~ ~L Cad- Date: J&n L. Cach State of Oregon ) ) as. County of Washington ) a On this day of1~ yY~ , the year of 199 , before me personally appeared Gerald C. Cach and Joan L. Cash personally o me (or proved to me on t` the basin of satisfactory evidence) to be the persons w Bribed in this instrument and acknowledged that be and she ezpcu the S OFFCX SEAL NOTARY PUBLIC FQR OREGON GLORIA MILLER NOTARY K" - a*" Ocwkes xNo.318273 ur ooraasaron DAM AM Is. a lI/I L59JM&tPR0PPCACHC0V.tx0Cvb Page 1 of 2 BUYER WASHINGTON COUNTY, OREGON By -'A- cvfv Dale: ~yZ 9e Title State of Oregon ) )53. County of Washington ) On this _ L-day of , the year of 199, before me appesrod r&&H zzg~0 5 p rally known to me (or proved to me on the basis of satisfactory evidence) to be authorized representative of %Glrf~1/L ~G(~Ly~ and acknowledged that he/she executed the within Instrument as such authorized representative. OFFICIAL SEAL tee//,,` iCi./! iERESA C. WILSON //ye GCJ 1 NOTARY PUBUC • OfiEOON NOTARY PUBLIC FOR OREGON COMMISSION NO. OSB9f4 tdY IXati4t6SIDN FXPtAES DEL l 2<n0 CcrY OP naARD, OREGON / G By- Date: S / l fyi Tltl-, State of Oregon ) aa. County of Washington ) On this day of r_.e rtJ t u~Vt , the year of 199, before me appeased k li Uid n 4 MgnA,h tl-n personally known to me (or proved to me on the basis of satisfactory evidence) to be authorized representative of Tf&ad and scinaowledged that he/she executed the within instrument ~as su a orized representative. OFFICIAL SEAL CATHER WC-OREIOY NOTARY PUBLIC FOR OREGON NOTARY PUnLICGOry ook"SSION No. 042I78 CO MSION EXPIRES WY +o. 19W LZARBA1PROPCACHCOYMOCI Page 2 of 2 IBM= C" . EXHIBIT Order No. 837340 E}'.°. BIT '.A' PARCEL I: A tract o? +and Iccated 'on t^.e So? hsas° quarter co Soctoa) 5, To ns`tp 2 So.r~, Ra,,gg I W'as', a' the Wtltanwe Meridian, In the Courtty of Washington and State of Oregon, more paiticuinrty dsacribed e.~i foil*": Commandnp at the $otnh quarter corner of Section S: thence North 00'4712W East along the Wes; botjrZwy of Bald quarter section a distance of 154.06 feat to the true point of beginning of the tract herein described, said point bearing Nord, 89'49'00' Wast, a dlstwve of 0.63 feet from e 1 inch Iron pipe, talc point aAo being the Southwest corner of Ihtt tr_~ct of WW dsscrlbed In a deed to Gerald L Cach and Joan L Cach, recorded on Novembar B. 1968 In Book 718, page 367 of the Weahingw n County Deed Reeorda, theme oontinuing North 00'47W East akxV the West boundary of Bald quartos section, a dlsianca of 77289 feet to the Northwest comer of that tract described In a Deed to Gerald L Cach and Joan L Ca&, recorded on October 12. in Book 472, page 644 of the Washington County Dead Records, said comer bearing North 89' t 0 air West a distance of 1.04 feet from a 3/8 inch Iron pipe; thence South 8ff' 10'50' East along the North ww of said tract, a distance of 400.00 foot; thence leaving said North lina South 00447'2B' West a distance of 45857 feet to the South One of titer tray of lend described In a Deed to Gerald L t:ach and Joan L Cach, recorded an October 12, 1862 In Book 472. page 644, of the Washington County Decd Records; 1honce South 17'01rAV East a distance of 324.81 feet to the South fine of that tract of land descrtbad in said Book 718, page 387; thence North 89.49'00' West, eiong the South line of said tract, a distance of 600.00 feet to the true point of beginning. fARCEL It A tract of land located in the Southeast quarter of Sector 5, Township 2 South, Range I Witt, or the WZamertte Meridian, In the County of Washington and State of Oregon, more particL..2,ny d sue` fdlows; Commencing at the South quarter comer of Section 5: thence North 00`47'29' East L'ic, boundary of said quarter section, a custard of 627.85 feet to the Northw*% comer of 't zacl descr L~± Ina Deed to Gerald L Carh and Joan L Cacti, recorded on October 12, 498'2 In Book 472, page 544 of the Washir gton Courty Deed Records, said corner bearing North 89'10'59' Wass, a distance of 1.04 feet from a 318 Inch iron pipe: thence Souh B9.10'69' East along the North tine of saki tract, a cilstarace of 400.oo feet to the true point of begh*V of the tract herein described; thence continuing South 89'10'59' Earl along the North III* of cato tract, a distance of 224.11 feet: thence Swth 01.00'50' West along the North k* of said tract, a distance of 1CA3 feet thence North 88141'69' F-80 along the North Bne of said tract. a durance of 217.00 feet to the Northwest comer of that tract described in a Deed to Christopher L Cach and Short L Cach, by Deed recorded June 3. 1998 as Fee No. 86-33077 of the Wat hington County Deed Records; thence South 05.00'48' East along the West fine of said tract, a distance of 227.46 feet: thence South 89'49 0Q' East along the South tine of said tract, a distance of 180.12 feet to the Westerly rigor of way line of Mvr4w tune, 20 feet from the center line thereof, measured p"ricilcular thereto, as dedicated by Dead recorded on May 14, 1831 In Book 147, page 61 of the Washington County Dead Records: thence South 06.12'11' We%L along Bald right at way line, a d)stance of 115-64 feet, to the Northeast comer of that tract described In a Deed to Mon C. Phillips and Sabina Jeannie Phlitips, recorded Novetnber 12, 1968 In Book 723, page 730 d the WasNrtgton County Deed Records: themes North 89.49'00' Went Along the North Ire of said tract, a distance of 18ZD0 feet; thence South 04.12'11' West along the watt line d saki Dead, a distance of 110.06 fast; thence South 89'49'00' East along the Sash line of saki Deed, a distance of 18200 feet to the Weatwiy right of way line of Meniw I.Arw 20 foot from the Center line thereof, measured perpendicuiar thereto, as dedicated by Deed recorded on May 14. 1931 in Book 147, page B1 of tho Washington County Deed Records; thence South 04112'1 A' West along sand right of way Una, a distance of 31.64 feet to an angle point; thence South 00' 35'1 T West slang said right of way line, a distance of 18.28 foot to the Northeast comer of that tract described In a Dead to Cleve D. Ward, Janke E. Ward and Novo D. Ward by a Deed recorded Novgrnber 27, 19% as Fee No. 96066908 of the Washington County Deed 9t/£t'd 097111 vt~tt tZ-to '965T NOLf3 jilex! I EM I& 'A' oontknueo Pape 2 Order No. 837348 Records; thence North 88'48'09' West along ttw North fine of sand tract, it distance of 310.04 feet to the Northwest comer of said tract; thtnoe South DO'31'0.9' West along the West Ana of said tract, and oontlnukV on the West Ana of that tract qurtclaimed to Joan L Cach rooorded January 21, 1877 and recorded In Book 1130. page 919 of the Washington County Dead PAcorda, a dlatanoe of 26021 feet to the 8outhwut comer of said quitolalmed traot; thins North 89149'00' West along the South Ilne of that tract of I" dw&ed In a Dead to GaWd L Cach and Joan L Cach recorded on November 8, 1988 In Book 718, papa, 387 of the Washington County peed Records, a dlwusoo of 212AS feat: thence leaving said South Ans, North 17'08'45' West, a dt"nce of 324.61 feat to a pokt on the South Ilne of that tract described In acid (look 472. page 544: thence Notch 00'47'29' East a distance of 468.67 feet to the true poiM of beginning. :/►1'd eats sci VE iZ-18.6685 i k'04121 STATE OF OREGON County of Waah{npton 88 1, Jerry ripram„, of Aaaesa- ment and, ri'an O County Clark for, «ccQOfff~ddddddooooo0 'jprtlty that the %VWMAI utq pl reee"d and reoatted: 'tsdpic` dPda of Bald County,' :,y~Utrry R Hatr~p GlreOtor of E6fDebYBUiK an/. axaNon, Ex- birop'P99M9 Clork Doc 98028659 Rect: 205513 33.00 03/24/1998 04:19:26pra d --5 800 { • J ai~H L . c yc _ l: T.~,, erg ;.:k inz 4a t.~~4ttir'+nt~ 7e 1980 t Y ft - - } L f 1• ~s. ~+7 We, the ur.z'ersicned, do hereby agree to maintain S.w. 150th port'-: of Bull `Scnntain P.oad and S.W. Sunriee Lane, in a manner to assure s condit:.cn- =_i-filar to the present conditions. P.epaira will be made _'7 ( u?on two-thirds majority approval end the ex enses will ~e shard equally by all. T'wa-thirds msj~Lity is 2/3 o the undersigned. resent cc.:dition is singic lift asphal•c. This is a re-,etual agreement and shall transfer with title on all prc?ercies listed below. (Tax Lot numbers from 1990 washineton v: County crcrorty tax rolls.) GK. _!:fLr i /tC ~t5l5~~._-lc~ /S?fG ~S.YV.S~vr,seyF -d.V ~ ~/%~~~y' ~ '~~t~'~ Hilt-- L~~i(:cc.C~ ~ /C.•%h/ ,!?c ~i,~f"r1-+• e - r ~ /✓.?''CJ .7 if '"i/, T~IiY~ ~ / = ~ ' 1..~~ - 1y2g0 s,Ki. Su+, ""°I•"~'" -3 f ,''fie' f;r(~ ~Al (!~/~~/L,r /.~"r// ~j Ii~ SC~.rtiJ~-o{ IS!{ r' lam, y. SAS ,k, t a~0/ Ar- Y *'5.-~ •~~r { roar r.o. sa - ~c~HOrucnc..crrt h1. ar S ATE CF G?FGC::. sb'+:• ' 3 E :T FD, Thnt on :E;... r` o M .n c:i Ka a !Porn.- 7uN•a 'n and,cr said Count; u,B S7afc crooner! e r r ,rd .z: _1~ u. ~c~n ~~AaSe ?usvar~ YjF as}irr lache/ ~izhin a ash,I.^ths `~S 1 - e - s . mac: 4_~cL -2: 21~h Jv rErc.... i .-n e Ar..^.e icrris, _°C 'or W.Cco_e-, i a_r; B lesher t - - i k:*wn ro r», to p¢- i?cn' / individual .5 described in and who executed :he wirhin inarrument and t Y 4 y C t 3 a_~ ,c c;~a to nc a e-ecuted rh6 name freeiv anJ voluntar i Y J~ r, y :.l eerd he d: ) f rc:+r lot! ro.ary l ub! c for Or~gor. ~ dry Cori .Jvon eapiree I rJ- 15, ..K,,. _ - ~.~%Y.-~•'Q';S,>~~° . G'" _ ti5-~s'~ta.'%#"~ '~}Y ilc'w "t. _ t3;2~~"v ~'kr'~-'L` g ~F'~ "~i 'a$--,~Scc _,~h ~.z; ~ ~c:E?'i'"' ~ ~ V.~ ~ z dsq`...^~~ , .kL -iirav3til+3.'~C.(Yf $x.47.1. `7 ~ t^~~ 5` '^Y.+~ 'T~.a~. .r`°A~y}a `F~'s'~ eir+'+ ~ y''{= S. ~•~•oY `mss 'L, 1'y '-y` ~ " `j June 1980 = We, the undersigned, do here } agree 'o maintain S.w. 150th nor cf f T ` ou11 Mountain Road and S.H. Sunrise Lane, i„ a manner to assure conditions similar to the present conditions. Repairs will be mace upon two-thirds majority aoproval and the cxpens(s will be s:iared T}- _ equally by all. This is a _cerpetual agreement and shall transfer with title on all properties listed below. (Tax Let nixmbers from 1980 Washington County prcperty tax rolls.) : lam, ~c 7 J i E OF OREGON, 1 i M .S BE 17' REtifEWBEFED. That an tl'c_._ _ 1>th dny July 19 87. helore the :..z,rsigncd, a Notat'y .pubic is and Icr said Co::nty and Slat., p r-=11) oPpvred tha mirhin r`t ra.:~cd-... .E;:: aSd .I ....~Ork ~n gala. C•.e~..An~ Leo..t.- ".a;x... ` i..• a - 5.. kn:,=n to me :c Se :he idenl;ca! ir>diriduala de.:t: Lrd in and who caearfad tha•is•rtiy'n im~ru rrelJ erd thrt thzv '-cV:ed the same tteely enrl +olun'arilp. j ~ rlr-y-~4+.. Std 1•i i ZST1If: U,'e}' ahl: LF, I harr nc:eur.rc xt r: y h(er:~er•.'. ail-d I l rcy _I fho day od 1cA a[t c q iUf u1 :'E~7 /?7 •"y' : e~ It t~~M /~,~y Notary Puh!rc to- O.-' IP r~ f!l~ ~'t - ` c - ~ h y Co.•nrvasion e-nrrea 'x14~rC•~Y!_ t,w's>.1~Ssd« ~.'~''.-..c~~i."'r'°'~Wr"r--5''3 57-~13" "'rv F'~ ~~.y~T .t ~~,vct'z".y:^.~1~Zas~..~s~'~r.} ~."s..•., ~ r -x ~~r~~~s~"M ~ -.,G~"~a'.~K-Y` y ~t '4- P f a ~ - rryy ~1+ f I L Y Y~ r STATE OF USEGON / r a C-" u1 Wuhlnplon C Y y .,1e'~. qor T.....•...n, D,ro.'ta[ of Racttda _ c: CCn. wy-T I:.r er.,d rwn[y, dp herr btn6•n.-y that L In. -thin fnaVutn n-_ W Wrltlf q ba[. rtgt-d FF ) , , ` e a r•xrd•d it took .;f rseor to et-,! C-my. 77 t. G ROGCR ThOiASSErk DPra ".l / Rnxrn.6 [I,LCt,rn?~~ liz, ;=z" z i ~.rmrrr.>;r t~,r , ;tom _ -:•,r + a -es t .Y SCHEDULE A Policy No.: 837340 Amount of Insurance: $427,000.00 Premium: $1,572.00 Date of Policy: March 24, 1998 at 4:19PM 1. Name of Insured: CITY OF TIGARD, OREGON--- 2. The estate or interest in the land which is covered by policy is: The fee simple estate--- 3. Title to the estate or interest in the land is vested in: CITY OF TIGARD, OREGON--- 4. The land referred to in this policy is described as follows: For legal description see Exhibit "A" attached hereto. I PAGE 1 of Owner's Policy (1992) No. 837340 EXHIBIT "A" PARCELI: A tract of land located in the Southeast quarter of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at the South quarter corner of Section 5; thence North 00°47'29" East along the West boundary of said quarter section, a distance of 154.96 feet to the true point of beginning of the tract herein described, said point bearing North 89°49'00" West, a distance of 0.63 feet from a 1 inch iron pipe, said point also being the Southwest corner of that tract of land described in a deed to Gerald L. Cach and Joan L. Cach, recorded on November 8, 1968 in Book 718, page 367 of the Washington County Deed Records; thence continuing North 00°47'29" East along the West boundary of said quarter section, a distance of 772.89 feet to the Northwest corner of that tract described in a Deed to Gerald L. Cach and Joan L. Cach, recorded on October 12, 1962 in Book 472, page 544 of the Washington County Deed Records, said corner bearing North 89° 10'59" West a distance of 1.04 feet from a 3/8 inch iron pipe; thence South 89° 10'59" East along the North line of said tract, a distance of 400.00 feet; thence leaving said North line South 00°47'29" West a distance of 458.57 feet to the South line of that tract of land described in a Deed to Gerald L. Cach and Joan L. Cach, recorded on October 12, 1962 in Book 472, page 544, of the Washington County Deed Records; thence South 17°08'45" East, a distance of 324.61 feet to the South line of that tract of land described in said Book 718, page 367; thence North 89°49'00" West, along the South line of said tract, a distance of 500.00 feet to the true point of beginning. PARCEL II: A tract of land located in the Southeast quarter of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Commencing at the South quarter corner of Section 5; thence North 00°47'29" East along the West boundary of said quarter section, a distance of 927.85 feet to the Northwest corner of that tract described in a Deed to Gerald L. Cach and Joan L. Cach, recorded on October 12, 1962 in Book 472, page 544 of the Washington County Deed Records, said corner bearing North 89° 10'59" West, a distance of 1.04 feet from a 3/8 inch iron pipe; thence South 89° 10'59" East along the North line of said tract, a distance of 400.00 feet to the true point of beginning of the tract herein described; thence continuing South 89°10'59" East along the North line of said tract, a distance of 224.11 feet; thence South 01°00'50" West along the North line of said tract, a distance of 10.03 feet; thence North 88°41'59" East along the North line of said tract, a distance of 217.00 feet to the Northwest corner of that tract described in a Deed to Christopher L. Cach and Sheri L. Cach, by Deed recorded June 3, 1996 as Fee No. 96-33077 of the Washington County Deed Records; thence South 05°00'48" East along the West line of said tract, a distance of 227.46 feet; thence South 89°49'00" East along the South line of said tract, a distance of 180.12 feet to the Westerly right of way line of Menlor Lane, 20 feet from the center line thereof, measured perpendicular thereto, as dedicated by Deed recorded on May 14, 1931 in Book 147, page 81 of the Washington County Deed Records; thence South 04'12'11 " West, along said right of way line, a distance of 115.64 feet, to the Northeast corner of that tract described in a Deed to Elton C. Phillips and Sabina Jeanne Phillips, recorded November 12, 1968 in Book 723, page 730 of the Washington County Deed Records; thence North 89°49'00" West along the North line of said tract, a distance of 182.00 feet; thence South 04° 12'11" West along the West line of said Deed, a distance of 110.05 feet; thence South 89°49'00" East along the South line of said Deed, a distance of 182.00 feet to the Westerly right of way line of Menlor Lane, 20 feet from the center line thereof, measured perpendicular thereto, as dedicated by Deed recorded on May 14, 1931 in Book 147, page 81 of the Washington County Deed Records; thence South 04°12'11" West, along said right of way line, a distance of 31.54 feet to an angle point; thence South 00°35'17" West along said right of way line, a distance of 18.28 feet to the Northeast corner of that tract described in a Deed to Cleve D. Ward, Janice E. Ward and Neve D. Ward by a Deed recorded November 27, 1995 as Fee No. 95-086908 of the Washington County Deed PAGE 2 of Owner's Policy (1992) No. 837340 Records; thence North 89°48'09" West along the North line of said tract, a distance of 310.04 feet to the Northwest corner of said tract; thence South 00°31'09" West along the West line of said tract, and continuing on the West line of that tract quitclaimed to Joan L. Cach recorded January 21, 1977 and recorded in Book 1139, page 919 of the Washington County Deed Records, a distance of 260.21 feet to the Southwest corner of said quitclaimed tract; thence North 89°49'00" West along the South line of that tract of land described in a Deed to Gerald L. Cach and Joan L. Cach recorded on November 8, 1968 in Book 718, page 367 of the Washington County Deed Records, a distance of 219.88 feet; thence leaving said South line, North 17°08'45" West, a distance of 324.61 feet to a point on the South line of that tract described in said Book 472, page 544; thence North 00°47'29" East a distance of 458.57 feet to the true point of beginning. PAGE 3 of Owner's Policy (1992) No. 837340 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 no liens as of the date of this policy. 7. Road Maintenance Agreement, including the terms and provisions thereof, Dated June--, 1980 Recorded July 21, 1980 as Fee No. 80024956 Executed by Gerald C. Cach, et ux, et al Covenant, including the terms and provisions thereof, Dated March 23, 1998 Recorded March 24, 1998 as Fee No. 98028659 Executed by Gerald C. Cach, John L. Cash and the City of Tigard PAGE 4 of Owner's Policy (1992) No. 837340 THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERT" "AND THE COMPANY ASSUMES NO LIABILC OR ANY VARIATIONS AS MAY BE DISCLOSE ACTUAL SURVEY 4M E R/ R C - First American Title Insurance Company of Oregon /Lv An assumed business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 N 99• 12 w 629.+ 400.3 101 r 40 200 .95Ac. 9.54 AC ^ • J s C.S. 11360 • 'o lei 03 ■ CS II 60 N e9• .9 w leas o w .Z J c se9• 49 E fez n IDD CS.11360 = 23-78 .46Ac. 'o ° C5.16970 = a 007.72 s as. .9'E wszn fez z N e9• .e' w 1057.72 r 300 1 N e+• se 'w 330 5.53AC. R 400 W .9JAc E ' • C.S. 16970 ° C.S. 16970 0 ¢ Z 5 e9• se' E 330 C « 3 N a+• .e' w sso -m °0 0 500 m .93Ac 0 } GS. 16970 s .N o 0 5 e9• +9' 1057, 21 9 e9• .9' E 330 S 09° ♦9' E 1057.21 600 2/ZAC. r ,~~~p~, _~~r i+~ ~~i +s~, err, ti+~; ~ •~r \ , ti~~',1 ice! ~ ti=r 7.:~~o-+ h at~ Ir ri ~#tr ; ,t~ a Cpl I ~ i ~ r 144 ' F ',.•r I,~I tr con v w yt, - G~ SD ~r~ r, C~' f 3 ti Q II ii i C~ k, I ) 70 4 m ~:<r ~ ~ s :iltl :~4< 'F ~ 1Rp a 't 49 V' 4r, to 4 4, 4 R Y # W 1Y1 I 11 x m.- f 'S♦<,. Y` 9tr qfc St+ " (10 1792) 4.3 ALTA Owner's Policy ~ -jr POLICY OF TITLE INSURANCE F T 1s f~ -A A%IETt r y,. 1 (71 # 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: r 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; A* 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. Countersigned ' A thoriz fficer dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON' I BY PRESIDENT ATTEST SECRETARY C Y. f ryk : Yr Yr. V, tY ~ ? 3k tom.;. r,,.at '41W %7 9 Vd-S"~.,,.edgS. ' w 1~.. ~.,V1. -,.a~.,-Ot ,,~F..~fw.•„ -  . ~ x. ~•rP r YW tt/X.:,TR4 MW"-+fW (R" ~#F" Mit* A® 4tN tR`.. 5+_;'iU n1R tTd~ xt0+' ~'1~..,+"-ir~A~,F 4rix CFA ~ "WY; :,Ck +f ~Sii~ WR,~y Ti-193 3/93 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. 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: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. by this policy which constitutes the basis of loss or damage for any loss or damage caused thereby. and shall state, to the extent possible, the basis of calculating (b) In the event of any litigation, including litigation by The following terms when used in this policy mean: the amount of the loss or damage. If the Company is the Company or with the Company's consent, the Company (a) "insured": the insured named in Schedule A, and, prejudiced by the failure of the insured claimant to provide the shall have no liability for loss or damage until there has been subject to any rights or defenses the Company would have required proof of loss or damage, the Company's obligations a final determination by a court of competent jurisdiction, had against the named insured, those who succeed to the to the insured under the policy shall terminate, including any and disposition of all appeals therefrom, adverse to the title interest of the named insured by operation of law as liability or obligation to defend, prosecute, or continue any as insured. distinguished from purchase including, but not limited to, litigation, with regard to the matter or matters requiring such heirs, distributees, devisees, survivors, personal representa- proof of loss or damage. (c) The Company shall not liable for loss or In addition, the insured claimant may reasonably damage to any insured for liability voluntarily assumed by the fives, next of kin, or corporate or fiduciary successors. y y be insured in settling any claim or suit without the prior written (b) "insured claimant": an insured claiming loss or required to submit to examination under oath by any consent of the Company. damage. authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable 10. REDUCTION OF INSURANCE; REDUCTION OR (c) "knowledge" or "known": actual knowledge, not times and places as may be designated by any authorized TERMINATION OF LIABILITY. constructive knowledge or notice which may be imputed to representative of the Company, all records, books, ledgers, an insured by reason of the public records as defined in this checks, correspondence and memoranda, whether bearing a policy or any other records which impart constructive notice date before or after Date of Policy, which reasonably pertain All payments under this policy, except payments made of matters affecting the land. to the loss or damage. Further, if requested by any authorized for costs, attorneys' fees and expenses, shall reduce the (d) "land": the land described or referred to in representative of the Company, the insured claimant shall amount of the insurance pro tanto. Schedule (A), and improvements affixed thereto which by law grant its permission, in writing, for any authorized rep- 11. LIABILITY NONCUMULATIVE. constitute real property. The term "land" does not include any resentative of the Company to examine, inspect and copy all property beyond the lines of the area described or referred records, books, ledgers, checks, correspondence and mem to in Schedule (A), nor any right, title, interest, estate or oranda in the custody or control of a third party, which It is expressly understood that the Amount of In- easement amount in abutting streets, roads, avenues, alleys, lanes, reasonably pertain to the loss or damage. All information Company may pay under any policy insuring n mortgage to ways or waterways, but nothing herein shall modify or limit designated as confidential by the insured claimant provided which exception is taken in Schedule B or to which the e the extent to which a right of access to and from the land is to the Company pursuant to this Section shall not be insured has agreed, assumed, c taken subject, or which insured by this policy. disclosed to others unless, in the reasonable judgment of the hereafter executed by an insured and which i t a charge or (e) "mortgage": mortgage, deed of trust, trust deed, Company, it is necessary in the administration of the claim. lien on the estate or interest described or referred to in or other security instrument. Failure of the insured claimant to submit for examination Schedule A, and the amount so paid shall re deemed in (f) "public records": records established under state under oath, produce other reasonably requested information payment under this policy to the insured owner. statutes at Date of Policy for the purpose of imparting or grant permission to secure reasonably necessary informa- constructive notice of matters relating to real property to tion from third parties as required in this paragraph, unless 12. PAYMENT OF LOSS. purchasers for value and without knowledge. With respect to prohibited by law or governmental regulation, shall terminate Section 1(a) (iv) of the Exclusions From Coverage, (public any liability of the Company under this policy as to that claim. (a) No payment shall be made without producing this records" shall also incude environmental protection liens filed 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy for endorsement of the payment unless the policy has in the records of the clerk of the United States district court TERMINATION OF LIABILITY been lost or destroyed, in which case proof of loss or for the district in which the land is located. destruction shall be furnished to the satisfaction of the (g) "unmarketability of the title": an alleged or In case of a claim under this policy, the Company shall Company. apparent matter affecting the title to the land, not excluded or have the following additional options: (b) When liability and the extent of loss or damage has excepted from coverage, which would entitle a purchaser of (a) To Pay or Tender Payment of the Amount of been definitely fixed in accordance with these Conditions and the estate or interest described in Schedule A to be released Insurance. Stipulations, the loss or damage shall be payable within 30 from the obligation to purchase by virtue of a contractual days thereafter. condition requiring the delivery of marketable title. To pay ortender payment of the amount of insurance under this policy together with any costs, attorneys' fees and 13. SUBROGATION UPON PAYMENT 2. CONTINUATION OF INSURANCE AFTER expenses incurred by the insured claimant, which were OR SETTLEMENT. CONVEYANCE OF TITLE. authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to (a) The Company's Right of Subrogation. The coverage of this policy shall continue in force as pay. Upon the exercise by the Company of this option, al Whenever the Company shall have settled and paid a of Date of Policy in favor of an insured only so long as th 18claim under this policy, all right of subrogation shall vest in insured,reta~hs an estate or interest in the land, or holds an ability and obligations to the insured under this policy, othe the Company unaffected by any act M the insured claimant. indebtedness secured by a purchase money mortgage given than to make the payment required, shall terminate, including The Company shall be subrogated to and be entitled to all by a purchaser from the insured, or only so long as the any liability or obligation to defend, prosecute, or continue rights and remedies which the insured claimant would have insured shall have liability by reason of covenants of warranty any litigation, and the policy shall be surrendered to the Company for cancellation. had against any person or property in respect to the claim made by the insured in any transfer or conveyance of the had this policy not been issued. If reque~'id by the Company, estate or interest. Th!s policy shall not continue in force in (b) To Pay or Otherwise Settle With Parties Other than the insured claimant shall transfer to ACon oary all rights favor ofany purchas;; from the insured of either (i) an estate~he Insured or With the Insured Claimant. nd remedies against any person or'properl necessary in or interestin the land, or (ii) an indebtedness secured by a (i) to pay or otherwise settle with other parties f order to perfect this right of subrogation. The insured purchase money mortgage given to the insured. or in the name of an insured claimant any claim insured claimant shall permit the Company to sue, compromise or against under this policy, together with any costs, attorneys' settle in the name of the insured claimant and to use the name 3. NOTICE OF CLAIM TO BE GIVEN BY fees and expenses incurred by the insured claimant which of the insured claimant in any transaction or litigation INSURED CLAIMANT. were authorized by the Company up to the time of payment involving these rights or remedies. and which the Company is obligated to pay; or If a payment on account of a claim does not fully cover The insured shall notify the Company promptly in (ii) to pay or otherwise settle with the insured the loss of the insured claimant, the Company shall be writing (i) in case of any litigation as set forth in Section 4(a) claimant the loss or damage provided for under this policy, subrogated to these rights and remedies in the proportion below, (ii) in case knowledge shall come to an insured together with any costs, attorneys' fees and expenses which the Company's payment bears to the whole amount hereunder of any claim of title or interest which is adverse to incurred by the insured claimant which were authorized bythe of the loss. the title to the estate or interest, as insured, and which might Company up to the time of payment and which the Company If loss should result from any act of the insured cause loss or damage for which the Company may be liable is obligated to pay. claimant, as stated above, that act shall not void this policy, by virtue of this policy, or (iii) if title to the estate or interest, Upon the exercise by the Company of either of the but the Company, in that event, shall be required to pay only as insured, is rejected as unmarketable. If prompt notice shall options provided for in paragraphs (b)(i) or (ii), the Com- that part of any losses insured against by this policy which not be given to the Company, then as to the insured all liability pany's obligations to the insured under this policy for the shall exceed the amount, if any, lost to the Company by of the Company shall terminate with regard to the matter or claimed loss or damage, other than the payments required to reason of the impairment by the insured claimant of the matters for which prompt notice is required; provided, be made, shall terminate, including any liability or obligation Company's right of subrogation. however, that failure to notify the Company shall in no case to defend, prosecute or continue any litigation. (b) The Company's Rights Against non-insured prejudice the rights of any insured under this policy unless Obligors. the Company shall be prejudiced by the failure and then only 7. DETERMINATION, EXTENT OF LIABILITY The Company's right of subrogation against non- to the extent of the prejudice. AND COINSURANCE. insured obligors shall exist and shall include, without 4. DEFENSE AND PROSECUTION OF ACTIONS; This policy is a contract of indemnity against actual limitation, the rights of the insured to indemnities, guaranties, DUTY OF INSURED CLAIMANT TO COOPERATE. monetary loss or damage sustained or incurred by the other policies of insurance or bonds, notwithstanding any insured claimant who has suffered loss or damage by reason terms or conditions contained in those instruments which (a) Upon written request by the insured and subject to of matters insured against by this policy and only to the extent provide for subrogation rights by reason of this policy. the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION. Stipulations, the Company, at its own cost and without (a) The liability of the Company under this policy shall unreasonable delay, shall provide for the defense of an not exceed the least of: Unless prohibited by applicable law, either the Com- insured in litigation in which any third party asserts a claim (i) the Amount of Insurance stated in Schedule A: pany or the insured may demand arbitration pursuant to the adverse to the title or interest as insured, but only as to those or Title Insurance Arbitration Rules of the American Arbitration stated causes of action alleging a defect, lien or en- (ii) the difference between the value of the insured Association. Arbitrable matters may include, but are not cumbrance or other matter insured against by this policy. The estate or interest as insured and the value of the insured estate limited to, any controversy or claim between the Company Company shall have the right to select counsel of its choice or interest subject to the defect, lien or encumbrance insured and the insured arising out of or relating to this policy, any (subject to the right of the insured to object for reasonable against by this policy. service of the Company in connection with its issuance or cause) to represent the insured as to those stated causes of (b) In the event the Amount of Insurance stated in the breach of a policy provision or other obligation. All action and shall not be liable for and will not pay the fees of Schedule A at the Date of Policy is less than 80 percent of arbitrable matters when the Amount of Insurance is any other counsel. The Company will not pay any fees, costs the value of the insured estate or interest or the full $1,000,000 or less shall be arbitrated at the option of either or expenses incurred by the insured in the defense of those consideration paid for the land, whichever is less, or if the Company or the insured. All arbitrable matters when the causes of action which allege matters not insured against by subsequent to the Date of Policy an improvement is erected Amount of Insurance is in excess of $1,000,000 shall be this policy. on the land which increases the value of the insured estate arbitrated only when agreed to by both the Company and the (b) The Company shall have the right, at its own cost, or interest by at least 20 percent over the Amount of insured. Arbitration pursuant to this policy and under the to institute and prosecute any action or proceeding or to do Insurance stated in Schedule A. then this Policy is subject to Rules in effect on the date the demand for arbitration is made any other act which in its opinion may be necessary or the following: or, at the option of the insured, the Rules in effect at Date of desirable to establish the title to the estate or interest, as (i) where no subsequent improvement has been Policy shall be binding upon the parties. The award may insured, or to prevent or reduce loss or damage to the made, as to any partial loss, the Company shall only pay the include attorneys' fees only if the laws of the state in which insured. The Company may take any appropriate action under loss pro rata in the proportion that the Amount of Insurance the land is located permit a court to award attorneys' fees to the terms of this policy, whether or not it shall be liable at Date of Policy bears to the total value of the insured estate a prevailing party. Judgment upon the award rendered by the hereunder, and shall not thereby concede liability or waive or interest at Date of Policy; or (ii) where a subsequent Arbitrator(s) may be entered in any court having jurisdiction any provision of this policy. If the Company shall exercise its improvement has been made, as to any partial loss, the thereof. rights under this paragraph, it shall do so diligently. Company shall only pay the loss pro rata in the proportion that The law of the situs of the land shall apply to an (c) Whenever the Company shall have brought an 120 percent of the Amount of Insurance stated in Schedule arbitration under the Title Insurance Arbitration Rules. action or interposed a defense as required or permitted by the A bears to the sum of the Amount of Insurance stated in A copy of the Rules may be obtained from the provisions of this policy, the Company may pursue any Schedule A and the amount expended for the improvement. Company upon request. litigation to final determination by a court of competent The provisions of this paragraph shall not apply to jurisdiction and expressly reserves the right, in its sole costs, attorneys' fees and expenses for which the Company 15. LIABILITY LIMITED TO THIS POLICY; discretion, to appeal from any adverse judgment or order. is liable under this policy, and shall only apply to that portion POLICY ENTIRE CONTRACT. (d) In all cases where this policy permits or requires of any loss which exceeds, in the aggregate, 10 percent of the Company to prosecute or provide for the defense of any the Amount of Insurance stated in Schedule A. (a) This policy together with all endorsements, if any, action or proceeding, the insured shall secure to the (c) The Company will pay only those costs, attorneys' attached hereto by the Company is the entire policy and Company the right to so prosecute or provide defense in the fees and expenses incurred in accordance with Section 4 of contract between the insured and the Company. In interpret- action or proceeding, and all appeals therein, and permit the these Conditions and Stipulations. ing any provision of this policy, this policy shall be construed Company to use, at its option, the name of the insured for this as a whole. purpose. Whenever requested by the Company, the insured, B. APPORTIONMENT (b) Any claim of loss or damage, whether or not at the Company's expense, shall give the Company all based on negligence, and which arises out of the status of reasonable aid (i) in any action or proceeding, securing If the land described in Schedule (A)(C) consists of two the title to the estate or interest covered hereby or by any evidence, obtaining witnesses, prosecuting or defending the or more parcels which are not used as a single site, and a loss action asserting such claim, shall be restricted to this policy. action or proceeding, or effecting settlement, and (ii) in any is established affecting one or more of the parcels but not all, (c) No amendment of or endorsement to this policy other lawful act which in the opinion of the Company may be the loss shall be computed and settled on a pro rata basis as can be made except by a writing endorsed hereon or attached necessary or desirable to establish the title to the estate or if the Amount of Insurance under this policy was divided pro hereto signed by either the President, a Vice President, the interest as insured. If the Company is prejudiced by the failure rata as to the value on Date of Policy of each separate parcel Secretary, an Assistant Secretary, or validating officer or of the insured to furnish the required cooperation, the to the whole, exclusive of any improvements made sub- authorized signatory of the Company. Company's obligations to the insured under the policy shall sequent to Date of Policy, unless a liability or value has terminate, including any liability or obligation to defend, otherwise been agreed upon as to each parcel by the 16. SEVERABILITY. prosecute, or continue any litigation, with regard to the matter Company and the insured at the time of the issuance of this or matters requiring such cooperation. policy and shown by an express statement or by an In the event any provision of the policy is held invalid endorsement attached to this policy. or unenforceable under applicable law, the policy shall be 5. PROOF OF LOSS OR DAMAGE. deemed not to include that provision and all other provisions In addition to and after the notices required under 9. LIMITATION OF LIABILITY. shall remain in full force and effect. Section 3 of these Conditions and Stipulations have been (a) If the Company establishes the title, or removes the 17. NOTICES, WHERE SENT. provided the Company, a proof of loss or damage signed and alleged defect, lien or encumbrance, or cures the lack of a swnrn to by the insurers rlaimant chnil hp fiirnlchpri to tho nn t n access to nr frnm the lanri nr rivoc the rlaim of  n nuuces yuireu ru ue given me 1,ompany a no any Company within 90 days after the insured claimant shall unmarketability of title, all as insured, in a reasonably diligent statement in writing required to be furnished the Company shall ascertain the facts giving rise to the loss or damage. The manner by any method, including litigation and the comple- be addressed to it at its main office at 200 SA Market, Suite 250, proof of loss or damage shall describe the defect in, or lien tion of any appeals therefrom, it shall have fully performed its Portland, Oregon 97201-5730, or to the office which issued this or encumbrance on the title, or other matter insured against obligations with respect to that matter and shall not be liable policy