2000-083130 i
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPAR• NT, TATE OF OREGON
CITY OF TIGARD } SS
13125 SW Hall Blvd. County of Washington
Tigard, OR 97223 I, Jerry .,R r of Assess-
ment and a do and O fficio County
Clerk for, said Aunt r, too .herel y;c °ertify that
INDIVIDUAL the withhr lnst�m i t of wrath g Was'received
and rep'orded,,i of :records) \ of said
county s 1 „ i
File No �= i I � ^ � .
tiJ "R Director of
` Ex-
OfFacic%_GliUntfClerk
Doc : 2000083130
Rect: 264866 32.00
10/12/2000 02:43:O5pm
DEDICATION DEED
GREENWAY
`-' / s n does hereby dedicate
to the public for Greenway purposes the real property described in the attached Exhibit "A" located in
Washington County, Oregon:
To have and to hold the above - described and dedicated rights unto the public forever for uses and purposes
hereinabove stated.
The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and
encumbrances, they have good and 'egal right to grant their right above - described, and they will pay all
taxes and assessments due and owing oh the property.
The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or
includes other property or value given or promised which is the whole consideration.
IN WITNESS WHEREOF, I hereunto set my hand on this (5" of A
Signature Signature
l S3t t! R ,�
Tax Statement 7 Mailing Address Mailing Address
STATE OF OREGON )
) ss.
County of Washington .)
This instrument was acknowledged before me on s) / 0 b (date) by: D A C G. L t -I-N D
(name of person(s)).
Ca)7,v 0. L ty i _p_c_
OFFICIAL SEAL Notary's Signature r
s rs 1, CATH D WHEA �/ 1 D (�
M ,,, . My C ommission Expires:
TLEY
!O' P`t FUEii: u• iNEGON
COMMISSION NO. 322993
AMY COMMISSION EXPIRES MAY 10, 2003
Accepted on behalf of the City of Tigard this S day of O C b� Y , �
City Engineer
1:\ENG\ PUB-FORM \GREN•IND.DOT J 7.3
i :i
-
LEGAL DESCRIPTION
A TRACT OF LAND IN THE SOUTHEAST ONE - QUARTER OF SECTION 5,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, DESCRIBED IN DEED TO ROALD G. LUND
AND EDNA M. LUND, IN DEED BOOK 874 PAGE 114 OF THE WASHINGTON
COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH ONE - QUARTER CORNER OF SAID SECTION 5;
THENCE S 89° 49' E ALONG SAID SECTION LINE, A DISTANCE OF 300.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE N 00° 48' 00" E A DISTANCE
OF 155.00 FEET; THENCE S 89° 49' 00" E A DISTANCE OF 135.00 FEET;
THENCE S 00° 48' W A DISTANCE OF 155.00 FEET TO THE NORTH LINE OF
SAID SECTION 5; THENCE N 89° 49' 00" W, ALONG SAID SECTION LINE, A
DISTANCE OF 135.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 20924 SQUARE FEET
c
SST
624.
10.03' -�
NO1'00'50 "E • q
c N
2 '�
CAC-F
CREED
PARS
Lri
m
c0 Q
OLD AREA 508,854 SQ. FT.
NEW AREA 529,778 SO. FT. I• i
0
0
vco o
o
z
co
' w
o w
0 0
0
00 0
o a
S89'49'00'E 719.88' z
• •
w� h
oo� 0 o ac
• vi v v • AREA TO BE DEDICATED
o r 20924 SQUARE FEET ti
Z {/)
135.00'
S89 49'00'E
w
a . OLD AREA 157,441 SQ. T.
. vl,JEW AREA 136,517 SQ. FT.
N
O t0
•
R = 40.00'
L = 90.08'
2
N89'55'00 "E
209.03'
U
R = 27.23' W
L = 19.12'
A
OL
C�
117
3
,
D_
Sly
cv BUS
3 ` MOU NTAIN R
3 D
OChicago Title lit 'iirance
® Company o regon
POLICY OF TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY OF OREGON
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE
COMPANY OF OREGON, an 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 the extent provided in the Conditions and Stipulations.
CHICAGO TITLE INSURANCE COMPANY OF OREGON
Issued by:
CHICAGO TITLE INSURANCE COMPANY
OF OREGON By:
10001 S.E. SUNNYSIDE ROAD
CLACKAMAS, OR 97015
(503) 653-7300
President
r 7 By:ak,
f
Authorized Signature
Secretary
ALTA OWNER'S POLICY(10-17-92)
Reorder Form No.9452
CONDITIONS AND STIPULATIONS-(Continued from Reverse Side of Policy Face)
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Con- amount of insurance at Date of Policy bears to the total value of the
ditions and Stipulations have been provided the Company, a proof of loss insured estate or interest at Date of Policy; or
or damage signed and sworn to by the insured claimant shall be furnished (ii)where a subsequent improvement has been made, as to any partial
to the Company within 90 days after the insured claimant shall ascertain loss, the Company shall only pay the loss pro rata in the proportion that
the facts giving rise to the loss or damage. The proof of loss or damage 120 percent of the Amount of Insurance stated in Schedule A bears to the
shall describe the defect in, or lien or encumbrance on the title, or other sum of the Amount of Insurance stated in Schedule A and the amount ex-
matter insured against by this policy which constitutes the basis of loss or pended for the improvement.
damage and shall state,to the extent possible,the basis of calculating the The provisions of this paragraph shall not apply to costs,attorneys'fees
amount of the loss or damage. If the Company is prejudiced by the failure and expenses for which the Company is liable under this policy, and shall
of the insured claimant to provide the required proof of loss or damage,the only apply to that portion of any loss which exceeds, in the aggregate, 10
Company's obligations to the insured under the policy shall terminate, in- percent of the Amount of Insurance stated in Schedule A.
cluding any liability or obligation to defend,prosecute,or continue any litiga- (c)The Company will pay only those costs,attorneys'fees and expenses
tion, with regard to the matter or matters requiring such proof of loss or incurred in accordance with Section 4 of these Conditions and Stipulations.
damage. 8. APPORTIONMENT
In addition, the insured claimant may reasonably be required to submit to If the land described in Schedule A consists of two or more parcels which
examination under oath by any authorized representative of the Company are not used as a single site,and a loss is established affecting one or more
and shall produce for examination,inspection and copying,at such reasonable of the parcels but not all,the loss shall be computed and settled on a pro
times and places as may be designated by any authorized representative rata basis as if the amount of insurance under this policy was divided pro
of the Company, all records, books, ledgers,checks,correspondence and rata as to the value on Date of Policy of each separate parcel to the whole,
memoranda, whether bearing a date before or after Date of Policy, which exclusive of any improvements made subsequent to Date of Policy, unless
reasonably pertain to the loss or damage.Further,if requested by any autho- a liability or value has otherwise been agreed upon as to each parcel by
rized representative of the Company, the insured claimant shall grant its the Company and the insured at the time of the issuance of this policy and
permission, in writing, for any authorized representative of the Company shown by an express statement or by an endorsement attached to this policy.
to examine, inspect and copy all records, books, ledgers, checks, cor-
respondence and memoranda in the custody or control of a third party,which 9. LIMITATION OF LIABILITY
reasonably pertain to the loss or damage.All information designated as con- (a) If the Company establishes the title, or removes the alleged defect,
fidential by the insured claimant provided to the Company pursuant to this lien or encumbrance, or cures the lack of a right of access to or from the
Section shall not be disclosed to others unless,in the reasonable judgment land, or cures the claim of unmarketability of title, all as insured, in a
of the Company, it is necessary in the administration of the claim. Failure reasonably diligent manner by any method,including litigation and the com-
of the insured claimant to submit for examination under oath,produce other pletion of any appeals therefrom,it shall have fully performed its obligations
reasonably requested information or grant permission to secure reasonably with respect to that matter and shall not be liable for any loss or damage
necessary information from third parties as required in this paragraph shall caused thereby.
terminate any liability of the Company under this policy as to that claim. (b) In the event of any litigation, including litigation by the Company or
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION with the Company's consent, the Company shall have no liability for loss
OPF LIABILITY or damage until there has been a final determination by a court of compe-
tent jurisdiction,and disposition of all appeals therefrom,adverse to the title
In case of a claim under this policy,the Company shall have the following as insured.
additional options: (c)The Company shall not be liable for loss or damage to any insured
(a) To Pay or Tender Payment of the Amount of Insurance. for liability voluntarily assumed by the insured in settling any claim or suit
To pay or tender payment of the amount of insurance under this policy without the prior written consent of the Company.
together with any costs, attorneys' fees and expenses incurred by the in- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
sured claimant, which were authorized by the Company, up to the time of LIABILITY
payment or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option,all liability and oblige- All payments under this policy,except payments made for costs,attorneys'
tions to the insured under this policy, other than to make the payment re- fees and expenses, shall reduce the amount of the insurance pro tanto.
quired,shall terminate, including any liability or obligation to defend, pros- 11. LIABILITY NONCUMULATIVE
ecute,or continue any litigation,and the policy shall be surrendered to the It is expressly understood that the amount of insurance under this policy
Company for cancellation. shall be reduced by any amount the Company may pay under any policy
(b) To Pay or Otherwise Settle With Parties Other than the Insured insuring a mortgage to which exception is taken in Schedule B or to which
or With the Insured Claimant. the insured has agreed, assumed, or taken subject, or which is hereafter
(i)to pay or otherwise settle with other parties for or in the name of an executed by an insured and which is a charge or lien on the estate or in-
insured claimant any claim insured against under this policy,together with terest described or referred to in Schedule A,and the amount so paid shall
any costs, attorneys' fees and expenses incurred by the insured claimant be deemed a payment under this policy to the insured owner.
which were authorized by the Company up to the time of payment and which 12. PAYMENT OF LOSS
the Company is obligated to pay; or (a)No payment shall be made without producing this policy for endorse-
(ii)to pay or otherwise settle with the insured claimant the loss or damage ment of the payment unless the policy has been lost or destroyed,in which
provided for under this policy,together with any costs,attorneys'fees and case proof of loss or destruction shall be furnished to the satisfaction of
expenses incurred by the insured claimant which were authorized by the the Company.
Company up to the time of payment and which the Company is obligated (b) When liability and the extent of loss or damage has been definitely
to pay. fixed in accordance with these Conditions and Stipulations,the loss or damage
Upon the exercise by the Company of either of the options provided for shall be payable within 30 days thereafter.
in paragraphs(b)(i)or(ii),the Company's obligations to the insured under
this policy for the claimed loss or damage,other than the payments required 13. SUBROGATION UPON PAYMENT OR SETTLEMENT
to be made, shall terminate, including any liability or obligation to defend, (a) The Company's Right of Subrogation.
prosecute or continue any litigation. Whenever the Company shall have settled and paid a claim under this
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE policy,all right of subrogation shall vest in the Company unaffected by any
This policy is a contract of indemnity against actual monetary loss or act of the insured claimant.
damage sustained or incurred by the insured claimant who has suffered The Company shall be subrogated to and be entitled to all rights and
loss or damage by reason of matters insured against by this policy and only remedies which the insured claimant would have had against any person
to the extent herein described. or property in respect to the claim had this policy not been issued. If re-
(a)The liability of the Company under this policy shall not exceed the least quested by the Company, the insured claimant shall transfer to the Corn-
of: pany all rights and remedies against any person or property necessary in
(i) the Amount of Insurance stated in Schedule A; or, order to perfect this right of subrogation.The insured claimant shall permit
(ii)the difference between the value of the insured estate or interest the Company to sue,compromise or settle in the name of the insured claim-
as insured and the value of the insured estate or interest subject to the defect, ant and to use the name of the insured claimant in any transaction or litiga-
lien or encumbrance insured against by this policy. tion involving these rights or remedies.
(b)In the event the Amount of Insurance stated in Schedule A at the Date If a payment on account of a claim does not fully cover the loss of the
of Policy is less than 80 percent of the value of the insured estate or interest insured claimant, the Company shall be subrogated to these rights and
or the full consideration paid for the land,whichever is less,or if subsequent remedies in the proportion which the Company's payment bears to the whole
to the Date of Policy an improvement is erected on the land which increases amount of the loss.
the value of the insured estate or interest by at least 20 percent over the If loss should result from any act of the insured claimant,as stated above,
Amount of Insurance stated in Schedule A, then this Policy is subject to that act shall not void this policy, but the Company, in that event, shall be
the following: required to pay only that part of any losses insured against by this policy
(i)where no subsequent improvement has been made,as to any partial which shall exceed the amount if any, lost to the Company by reason of
loss,the Company shall only pay the loss pro rata in the proportion that the the impairment by the insured claimant of the Company's right of subrogation.
SCHEDULE A
Date of Policy: October 12, 2000 at 2:43 p.m. Policy No. : 219506
Amount of Insurance: $90,000.00 Premium: $420.00
1. Name of Insured:
CITY OF TIGARD
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
THE PUBLIC
4 . The land referred to in this policy is described as follows:
(Continued)
slime
Policy No. 219506
LEGAL DESCRIPTION
A tract of land in the Southeast one-quarter of Section 5, Township 2 South, Range 1
West of the Willamette Meridian, in the County of Washington and State of Oregon,
described in Deed to Roald G. Lund and Edna M. Lund, in Deed Book 874, Page 114 of
the Washington County Deed Records, described as follows:
Beginning at the South one-quarter corner of said Section 5; thence South 89°49'
East along said Section line, a distance of 300.0 feet to the true point of
beginning; thence North 00°48' 00" East a distance of 155.00 feet; thence South
89°49' 00" East a distance of 135.00 feet; thence South 00°48' West a distance of
155.00 feet to the South line of said Section 5; thence North 89°49' 00" West along
said Section line, a distance of 135.00 feet to the true point of beginning.
Nwe ,411000
Policy No. 219506
SCHEDULE B
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:
GENERAL EXCEPTIONS
1. a. 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.
b. 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. a. Easements, liens, encumbrances, interests or claims thereof which are not shown by
the public records.
b. Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry of
persons in possession thereof.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other facts which a correct survey would disclose, and which are not shown by the
public records.
4. a. Unpatented mining claims;
b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
c. Water rights, claims or title to water;
whether or not the matters excepted under (a) , (b) , or (c) are shown by the public
records.
5. 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.
Now New
Policy No. 219506
SCHEDULE B - continued
SPECIAL EXCEPTIONS:
6. Taxes for the fiscal year 2000-2001, a lien but not yet payable.
7. The premises herein described are within and subject to the statutory powers
including the power of assessment of the Unified Sewerage Agency.
(There are no assessments of record as of the date of this policy. )
8 . Covenants, conditions and restrictions, but omitting restrictions if any, based
on race, color, religion, sex, handicap, familial status or national origin,
unless and only to the extent that said covenant, (a) is exempt under Chapter 42,
Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons, imposed by instrument, including the
terms and provisions thereof.
Recorded: June 29, 1959
Book: 419
Page: 316
(Affects Parcel I)
9. Dedication Deed, including the terms and provisions thereof;
Recorded: October 12, 2000
Recorder's Fee No. : 2000-083130
10. Lack of right of access to and from said land. The within described property
does not appear of record to have access to a public street or way.
End of Policy
TITLE ONLY
11/22/00
de
NW 1/4 NE 1/4-E.CTION 8 T2S R IW '
WASHINGTON COUNTY OREGON
3O0
SCALE I " = 100'
1200
I.07Ac. SEE MAP
lil
in
2S I 5
/4 CORNER .S�•" 1315.4 51.112102*1293.0
,Gii— 745.3331. V[r
iN 19°49.C 731.4 PLAT -�1�
• •
` J.
!I r INRIAL POINT01
' NW CON.461/322
101
I 12 01 t 1 00 1000% 2.39 Ac.
r 5.04 Ac. s
r 1° (CS 13,661)
/ %N
J�
I r
r °s r Sao
r 0, — - - —
r
r W 31:
r 102
• : A
w .
I . .
I 2 3 f see CS106
%I Y °
r a
r t
« = 16� N19°49E 1
• 1
W ;o NY
I
0
o 0
r W J N I) r ` r? ° `14 VI r W
i
•
°
r (C.S.No. 12.765) A' '" c
0
-
•r
r S
•
06
.60 X �,.�
! 1 N194.-5'W 2t• '� P; 1 il
7 7 !�Ewi '"g, t
159.15 111999 0. 197.51 �� v 1
Q
).
r 1300 Z
1400
1./2Ac. ~
W .?.76Ac. W ^ 't �' v ci_ n
tC, 1.0,,-.et'', ,,,..id Jther ;)a'ce!'-_, rsi
r Q "
c.
vv,,,i,, tti,s Hat ,, b,,,.c.,,,,, to
r
44
,t
no iu',
r ! 1
N'o°1c•w p° by E95Lr1 uf c j
��`ua6 8 ° r I ! I
~ N + U
•
:2(4k04, 450
1a0 H • .r ��_= +16.RA +9.27 3 +
,� - 700 00 eVl L422
b4
1503 134 1-.
4 29
3 ssAe A� 1602 `� �'_ •��\�\\
c I \\
47Ac. \1t!` o `` 14347
II,
CO
um/ R 1 y g 1600
M
1500 2 t l6Ac. 1 I +Jo 'ss 1r, N��
.4SAc. L.. .� — i1� — — — I I 1603 �,. r�\. ot
tOli� t I_ + I I 1 u brie•
• a
I 1604 N79 w I .63Ac. I (. 2.$ N 1900a E 2