94-044473 . ,
9 4 0 4 4 4 7 3
Washington County
Page 1 of 5
STATE OF OREGON
} SS
County of Washington
I, Jerry R.ARansoNOtrector. of Assess-
. ment and Al&atiOn and:'Ex;?,Officio County
Clerk forigicraoutifYiheeeby'bertify that
the withtVinStrmtpent‘pf-writmg was!received
and recordedAihil:OOFC04eaoidstof said
county.4V,
Jerry R Hanson, Director of
Assessment aOcI4Taxation, Ex-
Offfoicypouritij Clerk
Doc : 94044473
Rect: 121868 28.00
05/05/1994 03:34:02PM
After Recording Return Copy of Recorded Document to:
City Recorder - City of Tigard
13125 SW Hall Blvd. - Tigard, OR 97223
This deed is being recorded to correct an error in deed # ( 94 1 0/3955 File No.
DEDICATION DEED
GREENWAY
REUBEN KENNETH and ELIZABETH JEAN NESVOLD, Grantors, do hereby dedicate to the City
of Tigard, on behalf of the public for Greenway purposes, the real property described below located
in Washington County, Oregon:
All of the East 100 feet of Lot 32, WILLOW BROOK FARM, except the portion of
said Lot 32, WILLOW BROOK FARM described on attached exhibit "A" which is
incorporated by reference and made part of this document, and shown on attached
exhibit "B ".
To have and to hold the above - described and dedicated rights unto the public forever for uses and
purposes hereinabove stated.
Notwithstanding the above Dedication, Grantors hereby reserve for themselves, their successors and
assigns a perpetual, appurtenant easement for pedestrian access to the Tualatin river over and across
the whole of the above - described property.
The Grantors hereby covenant that they are the owners in fee simple and the property is free of all
liens and encumbrances, they have good and legal right to grant their right above - described, and they
will pay all taxes and assessments due and owing on the property.
The true consideration for this conveyance is ONE THOUSAND SEVEN HUNDRED AND NO /100
DOLLARS ($1,700.00).
IN WITNESS WHEREOF, I hereunto set my hand this / day of ,19
-
Signature Si_
/. 690 SW /O9 1 O�. 97223 /C690 SW /09, ?••oar -a/ Or- 9`223
Tax Statement Address J Address
STATE OF OREGON )
)ss
County of Washington )
On this / day of L ,pti/( , 199, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared the within named REUBEN KENNETH
DEED - Nesvold.l - Page 1
Z
•
and ELIZABETH JEAN NESVOLD who on the basis of satisfactory evidence are known to be the
persons whose names are subscribed to the within instrument and acknowledged that they executed the
same freely and voluntarily for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last
above written.
ovul*h OFFICIAL SEAL Ci ff,� \_4
R. CAM FEINAUER Notary Public for Oregon
w' NOTARY PUBLIC - OREGON y L / A-19.c. + COMM ISSIONN0,004981 My Commission Expires:
MY COMMISSION EXPIRES APR. 05, 1995 4
Accepted on behalf of the City of Tigard this -7 of ma , 199!
City Engineer
DEED - Nesvold.1 - Page 2
( .1 EXHIBIT' A
1 I . 4. f 4 t :I.� f I , C
,ft,, 4... III
• LAND SURVEYING 3
b
CERTI FIED WATER RIGHTS
A PORTION OF LOT 32, WILLOWBROOK FARM (A SUBDIVISION PLAT RECORDED
IN PLAT BOOK 2, PAGE 26 OF WASHINGTON COUNTY SURVEY RECORDS)
LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 15, TOWNSHIP 2
SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, DOVER LANDING (A PLAT OF
RECORD BEING RECORDED IN PLAT BOOK 63 ON PAGE OF WASHINGTON
COUNTY SURVEY RECORDS); THENCE NORTH 00 20" WEST, 170.60 FEET TO
THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 65 ° 54' 20" WEST, 17.01
FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF S.W. TUALATIN DRIVE; THENCE
68.20 FEET ON SAID EASTERLY RIGHT -OF -WAY LINE, ALONG A NONTANGENT
175.00 RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 22° 19' 48"
(THE LONG CHORD BEARS NORTH 12 55' 46" EAST, 67.77 FEET TO THE
SOUTHWEST CORNER OF LOT 3, OF SAID DOVER LANDING; THENCE NORTH 89
47' 40" EAST, ON THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 100.10 FEET TO
THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 00 20" EAST, ON THE
• WEST LINE OF LOTS 80 AND 79 OF RIVERVIEW ESTATES NO. 2, (A PLAT OF
RECORD BEING RECORDED IN PLAT BOOK 86 AT PAGE 4 OF WASHINGTON
COUNTY SURVEY RECORDS), AND ON THE SOUTHERLY EXTENSION OF SAID
LLNE, A DISTANCE OF 202.00 FEET; THENCE SOUTH 67 ° 12' 30" WEST, 108.30 FEET
TO THE POINT OF BEGINNING. CONTAINS 0.521 ACRES MORE OR LESS.
l:lsf aSTEREO
PROFESSI cA
•
1 • OREGON
- - JANUARY 15: 1987 • JON T. ION
#
�x' Ras q3
447,
(503) 234 - 8112 • 2450 S.E..Belmont St. • Portland, Oregon 97214
LOCATED IN THE N.E. 1/4 OF SECTION 15 EXHIBIT
T. 2 S, R. 1 W, W.M. CITY OF TIGARD
WASHINGTON CO. , OREGON
S.W. RIVER DRIVE
LOT 82
W LOT 1
H
PREPARED BY: H
COMSTOCK NORTHWEST, INC. A
2450 SE BELMONT STREET
PORTLAND. OREGON 97214 N LOT 81 -.
(503)234 -8112 H LOT 2
FILE NO. 93 -062 H
DECEMBER 9,1993 �1
,' LOT 3
N
LOT 80
s 14 89 41' 40" >: 100.10' NORTH
8: 115.00' _ SCALE: 1" = 50'
A. 22 19' 48" o
L: 68.20' - N
K 65 54' 20" W 11.01' a
N
o
Z
cc)
•
r LOT 79 •"‹
PROF
LAND SURVEYOR - o w
o
y �J
66^-i.--1°-'4151----- - O 5:
W r. OREGON
J ANUARY tS. 19 7 ac
JON T. FEIGION _
#
RENEWAL PATE FLOOD PLAIN
i2-31-93 LOT ` ¢ ° ELEVATION 127.0')
o
DOVER LANDING , — '
• - `08 3 0
�— 6-ro `/. POINT OF BEGINNING
it 5 , E;
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA
'IT l LE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Compa-
ny, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained
or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSAMERICA TITL.E INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by
its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSAMERICA TITLE INSURANCE COMPANY
r • 1EE INf° q 1
�
s,‘" � 9 ya B Y
By: Authoriz Countersignature /y ).,E a President
®�
4 f4Y 23, tO 1 g/r1/
�1 j Attest:
l = t == i
Secretary
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.
A merican Land The Association Owner's Policy (10- 21 -87)
Face Page Valid Only If Schedule A, B and Cover Are Attached
Form 1141 -41 ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
(a) "insured ": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order.
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law (d) In all cases where. this policy permits or requires the Company to
as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the
distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide
corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein, and permit the
(b) "insured claimant ": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose.
• Whenever requested by the Company, the insured, at the Company's
(c) "knowledge" or "known ": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or
knowledge or notice which may .be imputed to an insured by reason of,the proceeding, securing evidence, obtaining witnesses, prosecuting or
public records as defined in this policy or any other records which impart • defending the action or proceeding, or effecting settlement, and (ii) in any
constructive notice of matters affecting the land. - other lawful act which in the opinion of the Company may be necessary or
(d) "land ": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure. of the insured to furnish the required
term "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy
described or referred to in Schedule A, nor any right , title, interest, estate shall terminate, including any liability or obligation to defend, prosecute, or
or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent to which a cooperation.
right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(f) "public records ": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be
Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
to real property to purchasers for value and without knowledge. With
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or
records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of
records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced
apparent by the failure of the insured claimant to provide the required proof of loss
(g) "unmarketability of the title ": an alleged g or pparent matter affecting or damage, the Company's obligations to the insured under the policy shall
the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or
entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damage.
condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the
OF TITLE. Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks,
favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after
in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if
mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured
insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized
insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records,
shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or
either (i) an estate or interest in the land, or (ii) an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage.
a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the
The insured shall notify the Company promptly in writin i in case of administration of the claim. Failure of the insured claimant to submit for
g () examination under oath, produce other reasonably requested information
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall or grant permission to secure reasonably necessary information from third
come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the
adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim.
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY.
to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy, the Company shall have the
the matter or matters for which prompt notice is required; provided, following options:
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the
INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga-
ted to pay.
(a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and
contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the
at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to
defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be
adverse to the title or interest as insured, but only as to those stated causes surrendered to the Company for cancellation.
of action alleging a defect, lien or encumbrance or other matter insured (b) To Pay or Otherwise Settle With Parties Other than the Insured or
against by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name
cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together
not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured
Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment .
in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or
against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
(b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized
prosecute any action or proceeding or to do any other act which' in its by the Company up to the time of payment and which the Company is
opinion may be necessary or desirable to establish the title to the estate or obligated to pay.
interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for
The Company may take any appropriate action under the terms of this in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments
concede liability or waive any provision of this policy. If the Company required to be made, shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do so diligently. defend, prosecute or continue any litigation.
iitions and. Stipulations Continued Inside Cover
B 1141 -41 _
CONTROL NO. 1 51- 2 3 12 8 0
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Attn: Greg Berry
SCHEDULE A
Policy No. : 2637041 Amount of Insurance: $1,700.00
Date of Policy: May 5, 1994 Fee: $175.00
as of 5:00 PM
1. Name of Insured:
CITY OF TIGARD
2, The estate or interest in the land described in this Schedule is:
Fee simple
3. The estate or interest referred to herein is at Date of Policy
vested in:
CITY OF TIGARD
•
4. The land referred to in this policy is described as follows:
An easement for greenway purposes described as follows:
A portion of Lot 32, WILLOWBROOK FARM (a subdivision plat recorded
in Plat Book 2, Page 26 of Washington County Survey Records) located
in the Northeast one quarter of Section 15, Township 2 South, Range
1 West, of the Willamette Meridian in the City of Tigard, County
of Washington, State of Oregon, and being more particularly
described as follows:
Beginning at the Southeast corner of Lot 4, DOVER LANDING (a plat
of record being recorded in Plat Book 63 on page of Washington County
Survey Records); thence North 00 ° 12'20" West 170.60 feet to the
Northeast corner of said Lot 4; thence North 65 ° 54'20" West, 17.01
feet to the Easterly right -of -way line of S.W. Tualatin Drive, thence
68.20 feet on said Easterly right -of -way line, along a nontangent,
175.00 radius curve to the left through a central angle of 22 ° 19'48"
(the long chord bears North 12 55'46" East, 67.77 feet to the
Southwest corner of Lot 3, of said Dover Landing; thence North
89 ° 47'40" East, on the South line of said Lot 3, a distance of 100.1.0
feet to the Southeast corner thereof; thence South 00 ° 12'20" East,
on the West line of Lots 80 and 79 of Riverview Estates No. 2, (a
plat of record being recorded in Plat Book 86 at Page 4 of Washington
County Survey Records), and on the Southerly extension of said line,
a distance of 202.00 feet; thence South 67'12'30" West, 108.30 feet
to the point of beginning.
Policy No. 2637041 Page 2
•
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments
on real property or by the public record; proceedings by a public
agency which may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency
or by the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection
of said land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records,
reservations or exceptions in patents or in acts authorizing the
issuance thereof, water rights, claims or title to water.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct survey would
disclose.
6. Regulations, including the power to acquire rights of ways and
easements, and to levy assessments of the Unified Sewerage Agency.
7. Any adverse claim based upon the assertion that:
(a) Said land or any part thereof is now or at any time has been
below the ordinary high water mark of the Tualatin River
(b) Some portion of said land has been created by artificial means
or has accreted to such portion so created.
(c) Some portion of said land has been brought within or removed
from the boundaries thereof by a change in the location of Tualatin
River
Policy No. 2637041 Page 3
•
•
8. Right to construct and perpetually maintain a dam across the .
• Tualatin River below the mouth of canal from Colfax to Sucker_
Lake, and waiver of all damages which may result therefrom,'
Recorded : January 22, 1884
Book : F
Page : 459
Granted To : The Oregon Iron a nd Steel Company
By : John Elmer, et al
9. Agreement concerning right of way and fence„ including the terms
and provisions thereof,
Recorded February 28,.1952
Book . 329 .
Page : 509.
.10. Covenants, conditions, easements and restrictions, but'omitting, ..
restrictions, if ,any, based on.race, color, religion,' national •
origin, age, or physical or mental handiccap,imposed by.instrument,
including the terms thereof, - .
Recorded : February 18 1987:
Recorder's Fee No.: 87008193
Affects Parcel II' .
11. An easement created by instrument, including the terms and
provisions thereof, •
Dated : April 14, 1994
Recorded : February 11, 1994
Recorder's Fee No.: 94 013955
In favor of :•The Public
For : Perpetual, appurtenant easement-for-pedestrian
access to the Tualatin River
Location : Over and across the whole of .the above.described
property
The above document was also recorded May 5, 1994, Recorders_
Fee No, 94 044473
.12. The interest of Reuben Kenneth Nesvold and Elizabeth Jean Nesvold •
as fee title owner of the real property, subject to the terms. of
the easement mentioned herein.
KW /jj
Policy No. 2637041 Page 4
•
•
V u i CAhGELLC T ), L0
r m 40.6914'04. 54' 54' 55' 55' 55 56 7800,
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• ��� •
SEE MAP
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55.04 2700 6 '
w m a.
55 3b�4 2800 a 7 � �� g 6 '' /
1 / SM. CO R. SOLOMON
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6
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. T6 1 BBD
59.80 f
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.67 AC.
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87 AC. S�
. ._.. N - - - - - - -- __ Y:
This sketch is provided, without charge, for your information. It is not intended to show all matters related to the N
property including, but not limited to, area, dimensions, easements, encroachments, or location of boundaries. It ,
is not a part of, nor aoes it modify; any report or poiicy-to which -it is attached. - The Company assumes NO LIABILITY ° w -
for any matter related to this sketch. Reference should be made to an accurate survey for further information. s
vl I �.
CONDITIONS AND STIPULATIONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely
This policy is a contract of indemnity against actual monetary loss or fixed in accordance with these Conditions and Stipulations, the loss or
damage sustained or incurred by the insured claimant who has suffered loss damage shall be payable within 30 days thereafter.
or damage by reason of matters insured against by this policy and only to 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the (a) The Company's Right of Subrogation.
least of: Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
(i) the Amount of Insurance stated in Schedule A; or, any act of the insured claimant.
(ii) the difference between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and
insured and the value of the insured estate or interest subject to the defect, remedies which the insured claimant would have had against any person or
lien or encumbrance insured against by this policy. property in respect to the claim had this policy not been issued. If
(b) In the event the Amount of Insurance stated in Schedule A at the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property necessary
interest or the full consideration paid for the land. whichever is less, or if in order to perfect this right of subrogation. The insured claimant shall
subsequent to the Date of Policy an improvement is erected on the land permit the Company to sue, compromise or settle in the name of the
which increases the value of the insured estate or interest by at least 20 insured claimant and to use the name of the insured claimant in any
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the following: If a payment on account of a claim does not fully cover the loss of the
(t) where no subsequent improvement has been made, as to any partial insured claimant, the Company shall be subrogated to these rights and
loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the
the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss.
insured estate or interest at Date of Policy; or If loss should result from any act of the insured claimant, as stated
(ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event,
loss, the Company shall only pay the loss pro rata in the proportion that shall be required to pay only that part of any losses insured against by this
120 percent of the Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by
sum of the Amount of insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right
expended for the improvement. of subrogation.
The provisions of this paragraph shall not apply to costs, attorneys' fees (b) The Company's Rights Against Non- insured Obligors.
and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non- insured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds,
(c) The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instruments
incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more parcels Unless prohibited by applicable law, either the Company or the insured
which are not used as a single site, and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules
more of the parcels but not all, the loss shall be computed and settled on a of the American Arbitration Association. Arbitrable matters may include,
pro rata basis as if the amount of insurance under this policy was divided but are not limited to, any controversy or claim between the Company and
pro rata as to the value on Date of Policy of each separate parcel to the the insured arising out of or relating to this policy, any service of the
unless a liability or va ae has otherwise been ag reed upon a Do each parcel Co in connection with its issuance or the breach of a policy
by the Company and p the insured at the t an issuance of this po
Insurance e iis or less hall t at r the option Am e tther of
and shown by an express statement or b endorsement to this an or the insured. All arbitrable matters when the Amount of
policy.
Company
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy
(a) If the Company establishes the title, or removes the alleged defect, and under the Rules in effect on the date the demand for arbitration is
lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Date of Policy
land, or cures the claim of unma of a of title, all as insured, in e shall be binding upon the parties. The award may include attorneys' fees a
reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to
completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award
obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having
or damage caused thereby. jurisdiction thereof.
(b) In the event of an liti ation, includin liti ation b the Com an ,The law of the situs of the land shall apply to an arbitration under the
y g g g y p y Title Insurance Arbitration Rules.
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of A copy of' the Rules may be obtained from the Company upon request.
competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured CONTRACT.
for liability voluntarily assumed by the insured in settling any claim or suit (a) This policy together with all endorsements, if any, attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence,
All payments under this policy, except payments made for costs, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to
tanto. this policy.
11. LIABILITY NONCUMULATIVE. (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
It is expressly understood that the amount of insurance under this policy President, a Vice President, the Secretary, an Assistant Secretary, or
shall be reduced by any amount the Company may pay under any policy validating officer or authorized signatory of the Company.
insuring a mortgage to which exception is taken in Schedule 13 or to which
the insured has agreed, assumed, or taken subject, or which is hereafter 16. SEVERABILITY.
executed by an insured and which is a charge or lien on the estate or In the event any provision of the policy is held invalid or unenforceable
interest described or referred to in Schedule A, and the amount so paid shall under applicable law, the policy shall he deemed not to include that provi-
be deemed a payment under this policy to the insured owner. sion and all other provisions shall remain in full force and effect.
12. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT.
(a) No payment shall be made without producing this policy for All notices required to be given the Company and any statement in writing
endorsement of the payment unless the policy has been lost or destroyed, in required to be furnished the Company shall be addressed to
which case proof of loss or destruction shall be furnished to the satisfaction TRANSAMERICA 'Ifl'LE INSURANCE COMPANY, 44 Montomery
of the Company. Street, Suite 3450, San Francisco, CA 94104. g
American Land Title Association Owner's Policy (10- 21 -87)
Cover Page Valid Only If Face Page, Schedules A and B Are Attached
Form 1141 -36
ISSUED FROM THE _ American Land Title Association
OFFICE OF = Owner's Policy
(Rev. 10- 21 -87)
POLICY
OF'
TITLE
INSURANCE
1
TRANSAMERICA
TITLE INSURANCE COMPANY _
_
! _ Issued by
Plaza Level
555 SW Oak . �S
Portland, Oregon 97204
Phone: (503) 222 -9931
s
TITLE INSURANCE
COMPANY
5 E
E c
E
e
E. E. HOME OFFICE
d _ 44 Montgomery Street
Suite 3450
i San Francisco, CA 94104
E
B- 1141 -36 1