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91-020779 O'DL _ i NELL, RAMIS, CREW & COKRIGAN JEFF H. BACHRACH BALLOW & OTTOR AT LAW HT BUILDING CLACKAMAS COUNTY OFFICE 1727 CHARLES E. CORRIGAN* N.W. . 181 N. G Suite 202 W. Hoyt Hoyt Street Grant, STEPHEN F. CREW Portland, Oregon 97209 Canby, Oregon 97013 REESE P. HASTINGS (503) 266 -1149 WILLIAM A. MONAHAN TELEPHONE: (503) 222 -4402 MARK P. O'DONNELL FAX: (503) 243 -2944 DENNIS M. PATERSON III KENNETH M. ELLIOTT TIMOTHY V. RAMIS PLEASE REPLY TO PORTLAND OFFICE GARY M. GEORGEFF* SHEILA C. RIDGWAY* ROBERT J. McGAUGHEY* WILLIAM J. STALNAKER Special Counsel June 4, 1991 f`.; r ' .. J a. L5 *Also Admitted to Practice ..a, t..a.:,...' ,. " ill in State of Washington IL JUN 05 1991 1I Ms. Cathy Wheatley - _______ ___ ._____________ City Recorder City of Tigard P. 0. Box 23397 Tigard, Oregon 97223 Re: City of Tigard - Skourtes Acquisition Dear Cathy: Enclosed please find the original Warranty Deed for the Skourtes property, recorded April 26, 1991, as Washington County Recorder's Fee No. 91020779. Please keep the deed in a secure storage file. I have retained a copy of the deed for my file. Sincerely yours, 0'O ' NEL --. • ' IS, CREW & CORRIGAN / 1,' air K= .nneth M. Elliott KME /jjs Enclosure cc: Ron Bunch (w /enc) kme \90027\recorder.lt • e4 . 91020779 • Washington County WARRANTY DEED — STATUTORY FORM 0 JOHN R. SKOURTES, Grantor, conveys and warrants to CITY OF TIGARD, an Oregon municipal corporation, Grantee, the following described real property ( "Property ") free of any encumbrances except as specifically set forth herein situated in Washington County, Oregon, to —wit: See attached Exhibit "A" The Property is free from encumbrances except as shown on attached Exhibit B. The true consideration for this conveyance is $33,370.00. However, the actual consideration includes other property or value given or promised. ::1 Grantor conveyed the Property to Grantee pursuant to a Quitclaim Deed on December 31, 1990. This Deed is executed and recorded at Grantee's request. O 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. H IN WITNESS WHEREOF, the Grantor has executed this instrument on Z O this 294-x, day of Mark , 1911 . GRANTOR: O John . Skourtes STATE OF OREGON ) ) ss. County of Multnomah ) beia instrument was acknowledged before me on this 2.90.1 day � t #fe e'._ , 1991, by John R. Skourtes. Before Me: —An�t.61,10.. C. &,J. ' 3 "'..•.Y Notary Public for Oregon My Commission Expires: i•zo -93 •' `�•.�;.Aw R a t " F . CORD�I NG, RETURN TO SEND ALL TAX STATEMENTS TO �i'f(ltfl 1 " "'`Kenneth' *M. Elliott City of Tigard, Oregon O'Donnell, Ramis, Crew & Corrigan 13125 S.W. Hall Attorneys at Law Tigard, Oregon 97223 1727 N.W. Hoyt Street Portland, Oregon 97209 3/27/91 632WPPMCW �3 EXHIBIT A Lot 8, according to the duly filed plat of BURNHAM TRACT, in the City of Tigard, filed October 29, 1906 in Plat Book 2, Page 29, Records of the County of Washington and State of Oregon, EXCEPTING a strip of land 33 feet wide extending from the center of Fenno Creek along the Northeast boundary of said lot to Ash Street, the same to be used as a public highway, ALSO EXCEPTING tract 33.0 feet in width extended Southeasterly from the center of said creek lying between Lots 5 and 8 as shown upon said plat; AND FURTHER EXCEPTING the following described tract. That portion of Lot 8, BURNHAM TRACT, Washington County, Oregon, described as follows: Beginning at the intersection of the Southeasterly line of said Lot 8, and the Northeasterly line of Hill Street; thence Northeasterly along the Southeasterly line of said lot, 255 feet; thence Northwesterly 300 feet, more or less, to a point on the Southeasterly line of Ash Avenue, 235 feet Northeasterly fzuu the intersection of the Southeasterly line of Ash Avenue with the Northeasterly line of Hill Street; thence Southwesterly along the Southeasterly line of Ash Avenue, 235 feet to the Northeasterly line of Hill Street; thence Southeasterly 300 feet, more or less, to the point of beginning. EXHIBIT A r • EXHIBIT B 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; proceeding 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, interest, 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, claims of easement or encumbrances, not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights or claims or title to water. 4. Any lien, or right to a lien, for taxes, workers' compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other facts which a correct survey would disclose. 6. Municipal liens, if any, imposed by the City of Tigard. 7. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. 8. Right, title and interest of the State of Oregon in and to that portion of the subject property lying below the ordinary high water line of Fanno Creek, as of February 14, 1859. 9. The rights of the public, governmental bodies, and public utilities, in and to that portion of the herein described property lying within the limits of roads and highways. 10. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated • March 27, 1972 Recorded • October 10, 1972 in Book 891, Page 711 In favor of • The Unified Sewerage Agency of Washington County, a municipal corporation For • Sewer line STATE OF OREGON County of Washington SS 1, Jerry R. Hanson,.Director of Assessment and Taxation andl`Ex=Officio Recorder of Con- veyances for seid count9Pdlktierreby.certify that the within insfrument- of=writiii6 was'-received and recorded in.5ook.of zc ounty. Exhibit B m �„bra N 633WPPMCW /Je R,Hans�o Director of �4ssessment a`nd).TaYation, Ex- Of icio•CG`tint�Y�Gierl'c e N . ��iai vi da V, 0 , ., d 4 � 84* < o Q � 0 ..ti coup , Doc : 91020779 Rect.: 53218 4.3.00 V OREGON TITLE ?Itti 0 Insurance Company 1515 SW Fifth Ave., Ste 105 Portland, Oregon 97201 (503)220 -0015 FAX 273 -9155 City of Tigard DATE : April 26, 1991 P.O. Box 23397 ESCROW: 110595w Tigard, OR 97233 Attn: Wayne Lowry, Finance Director RE: Skourtes /City of Tigard In reference to the above escrow, I am enclosing the following: [x] Our check in the amount of $173.08. [x] Certified HUD Statement. [x] Copy of Transfer Tax Exemption Affidavit [x] Receipt of Escrow Money If you have any questions, please don't hesitate to contact the undersigned. Very truly yours, OREGI TITLE INSURANCE COMPANY / 'L(A4 Wi ma A Doane, Sr Escrow Officer POLICY OF TITLE INSURANCE ISSUED BY OREGON TITLE INSURANCE COMPANY 1515 Southwest Fifth Avenue • Portland, Oregon 97201 • (503) 220 -0015 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OREGON TITLE INSURANCE COMPANY, 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. IN WITNESS WHEREOF, OREGON TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer or agent of the corporation. tr . OREGON TITLE INSURANCE COMPANY BY `' PRESIDENT Countersigned ` ` ,L1- ATTEST ?r ` � ` SECRETARY 7/7 ‘kv,\\,, Authorized Officer OTIC 923 - ALTA Owner's Policy (4 -6-90) 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 char- acter, 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 protec- tion, 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 and 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 similiar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. excluded or excepted from coverage, which would 4. DEFENSE AND PROSECUTION OF ACTIONS; The following terms when used in this policy mean: entitle a purchaserof the estate or interest described DUTY OF INSURED CLAIMANT TO in Schedule A to be released from the obligation to COOPERATE. (a) "insured": the insured named in Schedule A, purchase by virtue of a contractual condition requir- and, subject to any rights or defenses the Company ing the delivery of marketable title. (a) Upon written request by the insured and would have had against the named insured, those subject to the options contained in Section6ofthese who succeed to the interest of the named insured by 2. CONTINUATION OF INSURANCE AFTER Conditions and Stipulations, the Company, at its own operation of law as distinguished from purchase CONVEYANCE OF TITLE. cost and without unreasonable delay, shall provide including, but not limited to, heirs, distributees, for the defense of an insured in litigation in which any devisees, survivors, personal representatives, next The coverage of this policy shall continue in force third party asserts a claim adverse to the title or of kin, or corporate or fiduciary successors. as of Date of Policy in favor of an insured only so long interest as insured, but only as to those stated (b) "insured claimant": an insured claiming loss as the insured retains an estate or interest in the land, causes of action alleging a detect, lien or encum- or damage. or holds an indebtedness secured by a purchase brance or other matter insured against by this policy. money mortgage given by a purchaser from the The Company shall have the right to select counsel of (c) "knowledge" or "known ": actual knowledge, insured, or only so long as the insured shall have its choice (subject to the right of the insured to object not constructive knowledge or notice which may be liability by reason of covenants of warranty made by for reasonable cause) to represent the insured as to imputed to an insured by reason of the public records the insured in any transfer or conveyance of the those stated causes of action and shall not be liable as defined in this policy or any other records which estate or interest. This policy shall not continue in for and will not pay the fees of any other counsel. The impart constructive notice of matters affecting the force in favor of any purchaser from the insured of Company will not pay any fees, costs or expenses land. either (i) an estate or interest in the land, or (ii) an incurred by the insured in the defense of those (d) "land ": the land described or referred to in indebtedness secured by a purchase money mort- causes of action which allege matters not insured Schedule (A), and improvements affixed thereto gage given to the insured. against by this policy. which bylaw constitute real property. The term "land" (b) The Company shall have the right, at its own does not include any property beyond the lines of the 3. NOTICE OF CLAIM TO BE cost, to institute and prosecute any action or pro- area described or referred to in Schedule (A), nor any GIVEN BY INSURED CLAIMANT. ceeding or to do any other act which in its opinion right, title, interest, estate or easement in abutting The insured shall notify the Company promptly in maybe necessary or desirable to establish the title to streets, roads, avenues, alleys, lanes, ways or water- the estate or interest, as insured, or to prevent or ways, but nothing herein shall modify or limit `Writing (i) in case of any litigation as set forth in Sec- p y g y tion 4(a) below, (ii) in case knowledge shall come to reduce loss or damage to the insured. The Company the extent to which a right of access to and from the an insured hereunder of any claim of title or interest may take any appropriate action under the terms of land is insured by this policy. which is adverse to the title to the estate or interest, this policy, whether or not it shall be liable hereunder, (e) "mortgage": mortgage, deed of trust, trust as insured, and which mightcause loss or damage for and shall not thereby concede liability or waive any deed, or other security instrument. which the Company may be liable by virtue of this provision of this policy. If the Company shall exercise ' (f) "public records ": records established under policy, or (iii) if title to the estate or interest, as its rights under this paragraph, it shall do so state statutes at Date of Policy for the purpose of insured, is rejected as unmarketable. If prompt notice diligently. imparting constructive notice of matters relating to shall not be given to the Company, then as to the (c) Whenever the Company shall have brought real property to purchasers for value and without insured all liability of the Company shall terminate an action or interposed a defense as required or per- knowledge. With respect to Section 1(a)(iv) of the with regard to the matter or matters for which prompt mitted by the provisions of this policy, the Company Exclusions From Coverage, "public records" shall notice is required; provided, however, that failure to may pursue any litigation to final determination by a also include environmental protection liens filed in notify the Company shall in no case prejudice the court of competent jurisdiction and expressly the records of the clerk of the United States district rights of any insured under this policy unless the reserves the right, in its sole discretion, to appeal court for the district in which the land is located. Company shall be prejudiced by the failure and then from any adverse judgment or order. (g) "unmarketability of the title ": an alleged or only to the extent of the prejudice. (d) In all cases where this policy permits or apparent matter affecting the title to the land, not requires the Company to prosecute or provide for the (continued on inside back cover) I it CONDITIONS AND STIPULATIONS - (continued from inside front cover) defense of any action or proceeding, the insured defend, prosecute, or continue any litigation, and the the Company and the insured at the time of the j . shall secure to theCompanytherighttosoprosecute policy shall be surrendered to the Company for issuance of this policy and shown by an express or provide defense in the action or proceeding, and cancellation. statement or by an endorsement attached to this all appeals therein, and permit the Company to use, (b) To Pay or Otherwise Settle With Parties policy. at its option, the name of the insured for this purpose. Other than the Insured or With the Insured Claimant Whenever requested by theCompany, the insured, at (i) to pay or otherwise settle with other 9. LIMITATION OF LIABILITY. the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, secur- parties for or in the name of an insured claimant any (a) If the Company establishes the title, or • ing evidence, obtaining proceeding prosecuting or claim insured against under this policy, together with removes the alleged defect, lien or encumbrance, or defending the o t n in pcees , or os ectin r any costs, attorneys' fees and expenses incurred by cures the lack of a right of access to or from the land, defending and (ii) in any other lawful act which in the the insured claimant which were authorized by the or cures the claim of unmarketability of title, all as opinion of the Company other be necessary which in she Company up to the time of payment and which the insured, in a reasonably diligent manner by any able to establish the title to the estate or interest as Company is obligated to pay; or method, including litigation and the completion of • insured. If the Company's prejudiced by the failure of (u) to pay or otherwise settle with the any appeals therefrom, it shall have fully performed the insured to furnish the required cooperation, the insured claimant the loss or damage provided for its obligations with respect to that matter and shall Company's obligations to the insured under the under this policy, together with any costs, attorneys' not be liable for any loss or damage caused thereby. policy shall terminate, including any liability or fees and expenses incurred by the insured claimant (b) In the event of any litigation,includinglitiga- obligation to defend, prosecute, or continue any which were authorized by the Company up to the tion by the Company or with the Companys consent, litigation, with regard to the matter or matters requir- of payment and which the Company is obligated the Company shall have no liability for loss or ing such cooperation. to pay. damage until there has been a final determination by Upon the exercise by the Company of either of the a court of competent jurisdiction, and disposition of 5. PROOF OF LOSS OR DAMAGE. options provided for in paragraphs (b)(i) or (ii), the all appeals therefrom, adverse to the title as insured. Company's obligations to the insured under this (c) The Company shall not be liable for loss or In addition to and after the notices required under policy for the claimed loss or damage, other than the damage to any insured for liability voluntarily assumed Section 3 of these Conditions and Stipulations have payments required to be made, shall terminate, by the insured in settling any claim or suit without the been provided the Company, a proof of loss or damage including any liability or obligation to defend, pro- prior written consent of the Company. signed and sworn to by the insured claimant shall be secute or continue any litigation. furnished to the Company within 90 days after the 10. REDUCTION OF INSURANCE; REDUCTION insured claimant shall ascertain the facts giving rise 7, DETERMINATION, EXTENT OF LIABILITY OR TERMINATION OF LIABILITY. to the loss or damage. The proof of loss or damage AND COINSURANCE. shall describe the defect in, or lien or encumbrance All payments under this policy, except payments on the title, or other matter insured against by this This policy is a contract of indemnity against made for costs, attorneys' fees and expenses, shall' policy which constitutes the basis of loss or damage actual monetary loss or damage sustained or incurred reduce the amount of the insurance pro tanto. and shall state, to the extent possible, the basis of by the insured claimant who has suffered loss or calculating the amount of the loss or damage. If the damage by reason of matters insured against by this 11, LIABILITY NONCUMULATIVE. 1 Company is prejudiced by the failure of the insured policy and only to the extent herein described. • claimant to provide the required proof of loss or (a) The liability of the Company under this It is expressly understood that the amount of insur- damage, the Company's obligations to the insured policy shall not exceed the least of: ance under this policy shall be reduced by any amount (i) the Company may pay under any policy insuring a under the policy shall terminate, including any (') the Amount of Insurance stated in mortgage to which exception is taken in Schedule B or liability or obligation to defend, prosecute, or con- Schedule A; or, to which the insured has agreed, assumed, or taken tinue any litigation, with regard to the matter or mat - ters requiring such proof of loss or damage. (ii) the difference between the value of the subject, or which is hereafter executed by an insured Idi In addition, insured estate or interest as insured and the value of and which is a charge or lien on the estate or interest tion, the insured claimant may reasonably be required n, the insured r examination may under reasonably by the insured estate or interest subject to the defect, described or referred to in Schedule A, and the amount any authorized representative of the Company and lien or encumbrance insured against by this policy. so paid shall be deemed a payment under this policy shall produce for examination, inspection and copy- (b) In the event the Amount of Insurance stated to the Insured owner. ing, at such reasonable times and places as may be in Schedule Aat the Date of Policy is less than 80 per 12 PAYMENT OF LOSS. designated by any authorized representative of the cent of the value of the insured estate or interest or Company, all records, books, ledgers, checks, cor- the full consideration paid for the land, whichever is (a) No payment shall be made without produc- respondence and memoranda, whether bearing a less, or if subsequent to the Date of Policy an improve- ing this policy for endorsement of the payment un- date before or after Date of Policy, which reasonably ment is erected on the land which increases the less the policy has been lost or destroyed, in which pertain to the loss or damage. Further, if requested by value of the insured estate or interest by at least 20 case proof of loss or destruction shall be furnished to any authorized representative of the Company, the percent over the Amount of Insurance stated in the satisfaction of the Company. insured claimant shall grant its permission, in writing, Schedule A, then this Policy is subject to the (b) When liability and the extent of loss or for any authorized representative of the Company to following: damage has been definitely fixed in accordance with examine, inspect and copy all records, books, (i) where no subsequent improvement has these Conditions and Stipulations, the loss or damage ledgers, checks, correspondence and memoranda in been made, as to any partial loss, the Company shall shall be payable within 30 days thereafter. the custody or control of a third party, which only pay the loss pro rata in the proportion that the reasonably pertain to the loss or damage.Allinforma- amount of insurance at Date of Policy bears to the 13. SUBROGATION UPON PAYMENT tion designated as confidential by the insured total value of the insured estate or interest at Date of OR SETTLEMENT. claimant provided to the Company pursuant to this Policy; or (ii) where a subsequent improvement has Section shall not be disclosed to others unless, in the been made, as to any partial loss, the Company shall (a) The Company's Right of Subrogation. reasonable judgment of the Company, it is necessary only pay the loss pro rata in the proportion that 120 Whenever the Company shall have settled and in the administration of the claim. Failure of the percent of the Amount of Insurance stated in paid a claim under this policy, all right of subrogation insured claimant to submit for examination under Schedule A bears to the sum of the Amount of shall vest in the Company unaffected by any act of oath, produce other reasonably requested informa- Insurance stated in Schedule A and the amount the insured claimant. tion or grant permission to secure reasonably expended for the improvement. The Company shall be subrogated to and be en- necessary information from third parties as required The provisions of this paragraph shall not apply to titled to all rights and remedies which the insured in this paragraph, unless prohibited by law or govern- costs, attorneys' fees and expenses for which the claimant would have had against any person or prop - mental regulation, shall terminate any liability of the Company is liable under this policy, and shall only erty in respect to the claim had this policy not been Company under this policy as to that claim. apply to that portion of any loss which exceeds, in the issued. If requested by the Company, the insured aggregate, 10 percent of the Amount of Insurance claimant shall transfer to the Company all rights and 6. OPTIONS TO PAY OR OTHERWISE SETTLE stated in Schedule A. remedies against any person or property necessary CLAIMS; TERMINATION OF LIABILITY. (c) The Company will pay only those costs, in order to perfect this right of subrogation. The In case of a claim under this policy, the Company attorneys' fees and expenses incurred in accor- insured claimant shall permit the Company to sue, shall have the following additional options: dance with Section 4 of these Conditions and compromise or settle in the name of the insured Stipulations. claimant and to use the name of the insured claimant (a) To Pay or Tender Payment of the Amount in any transaction or litigation involving these rights of Insurance. 8. APPORTIONMENT. or remedies. To pay or tender payment of the amount of If a payment on account of a claim does not fully insurance under this policy together with any costs, If the land described in Schedule (A) consists of two cover the loss of the insured claimant, the Company attorneys' fees and expenses incurred by the insured or more parcels which are not used as a single site, shall be subrogated to these rights and remedies in claimant, which were authorized by the Compan up and a loss is established affecting one or more of the the proportion which the Company's payment bears to the time of payment or tender of payment and parcels but not all, the loss shall be computed and to the whole amount of the loss. - which the Company is obligated to pay. settled on a pro rata basis as if the amount of insur- If loss should result from any act of the insured Upon the exercise by the Company of this option, ance under this policy was divided pro rata as to the claimant, as stated above, that act shall not void this all liability and obligations to the insured under this value on Date of Policy of each separate parcel to the policy, but the Company, in that event, shall be policy, other than to make the payment required, whole, exclusive of any improvements made subse- required to pay only that part of any losses insured I . shall terminate, including any liability or obligation to quent to Date of Policy, unless a liability or value has against by this policy which shall exceed the amount, otherwise been agreed upon as to each parcel by the (continued on back) ) 1 CONDITIONS AND STIPULATIONS • (continued from inside back cover) if any, lost to the Company by reason of the impair- the option of the insured, the Rules in effect at Date of 16. SEVERABILITY. ment by the insured claimant of the Company's right Policy shall be binding upon the parties. The award In the event any provision of the policy is held of subrogation. may include attorneys' fees only if the laws of the invalid or unenforceable under applicable law, the (b) The Company's Rights Against Non- state in which the land is located permit a court to insured Obligors. award attorneys' fees toa prevailing party. Judgment Policy shall be deemed not to include that provision upon the award rendered by the Arbitrator(s) may be and all other provisions shall remain in full force The Company's right of subrogation against entered in any court having jurisdiction thereof. and effect. non - insured obligors shall exist and shall include, The law of the situs of the land shall apply to an without limitation, the rights of the insured to indem- 17. NOTICES, WHERE SENT. pities, guaranties, other policies of insurance or arbitration under the Title Insurance Arbitration Rules. bonds, notwithstandinganytermsorconditionscon A copy of the Rules may be obtained from the All notices required to be given the Company and tained in those instruments which provide for sub- Company upon request. any statement in writing required to be furnished the rogation rights by reason of this policy. Company shall include the number of this policy and 15. LIABILITY LIMITED TO THIS POLICY; shall be addressed to the Company at 1515 S.W. Fifth 14. ARBITRATION POLICY ENTIRE CONTRACT. Avenue, Portland, Oregon 97201. Unless prohibited by applicable law, either the (a) This policy together with all endorsements, Company or the insured may demand arbitration pur if any, attached hereto by the Company is the entire suant to the Title Insurance Arbitration Rules of the policy and contract between the insured and the American Arbitration Association. Arbitrable matters Company. In interpreting any provision of this policy, may include, but are not limited to, any controversy or this policy shall be construed as a whole. claim between the Company and the insured arising (b) Any claim of loss or damage, whether or not out of or relating to this policy, any service of the based on negligence, and which arises out of the Company in connection with its issuance or the status of the title to the estate or interest covered breach of a policy provision or other obligation. All hereby or by any action asserting such claim, shall be arbitrable matters when the Amount of Insurance is restricted to this policy. $1, 000,000 or less shall be arbitrated at the option of (c) No amendment of or endorsement to this either the Company or the insured. All arbitrable mat- policy can be made except by a writing endorsed ters when the Amount of Insurance is in excess of hereon or attached hereto signed by either the Presi- $1,000,000 shall be arbitrated only when agreed to dent, a Vice President, the Secretary, an Assistant by both the Company and the insured. Arbitration Secretary, or validating officer or authorized pursuant to this policy and under the Rules in effect signatory of the Company. on the date the demand for arbitration is made or, at ALTA Owner's Policy (4 -6 -9C, SCHEDULE A Date of Policy: April 26, 1991 At: 9:48 a.m. Policy No.: 110595w Amount of Insurance: $33,370.00 Order No.: 110595w Premium: $246.00 1. Name of Insured: City of Tigard, an Oregon municipal corporation 2. The estate or interest in the land which is covered by the policy is: A ii 3. Title to the estate or interest in the land is vested in: City of Tigard, an Oregon municipal corporation 4. The land referred to in this policy is situated in the State of Oregon, County of Washington and is described as follows: (Continued) Owner Policy No.: 110595w SCHEDULE A, CONTINUED Legal Description, Continued Lot 8, according to the duly filed plat of BURNHAM TRACT, in the City of Tigard, filed October 29, 1906 in Plat Book 2, Page 29, Records of the County of Washington and State of Oregon, EXCEPTING a strip of land 33 feet wide extending from the center of Fanno Creek along the Northeast boundary of said lot to Ash Street, the same to be used as a public highway, ALSO EXCEPTING tract 33.0 feet in width extended Southeasterly from the center of said creek lying between Lots 5 and 8 as shown upon said plat; AND FURTHER EXCEPTING the following described tract. That portion of Lot 8, BURNHAM TRACT, Washington County, Oregon, described as follows: Beginning at the intersection of the Southeasterly line of said Lot 8, and the Northeasterly line of Hill Street; thence Northeasterly along the Southeasterly line of said lot, 255 feet; thence Northwesterly 300 feet, more or less, to a point on the Southeasterly line of Ash Avenue, 235 feet Northeasterly from the intersection of the Southeasterly line of Ash Avenue with the Northeasterly line of Hill Street; thence Southwesterly along the Southeasterly line of Ash Avenue, 235 feet to the Northeasterly line of Hill Street; thence Southeasterly 300 feet, more or less, to the point of beginning. ALTA Owner's Policy (4 -6 -91, Policy No.: 110595w 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: 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, interest, 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, claims of easement or encumbrances, not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights or claims or title to water. 4. Any lien, or right to a lien, for taxes, worker's compensation, services, labor, equipment rental 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. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. 7. Right, title and interest of the State of Oregon in and to that portion of the subject property lying below the ordinary high water line of Fanno Creek, as of February 14, 1859. 8. The rights of the public, governmental bodies, and public utilities, in and to that portion of the herein described property lying within the limits of roads and highways. 9. An easement created or disclosed by instrument, including the terms and provisions thereof, Dated : March 27, 1972 Recorded : October 10, 1972 in Book 891 Page 711 In favor of The Unified Sewerage Agency of Washington County, a municipal corporation For Sewer line Affects : Please See Recorded Document 1p v `, YS. x NW 1/4 SE 1/4 SECTION 2 °" WASHINGTON COL SCALE i k'D r. 300 3./9 AC. , �, 3■ 0 SEE MAP . . * 2S -12AC a C Im , • 1!", 1 de e. 1 F } 2v0 1 3.04 AC. P 301 /.T4 AC. n ti i eZ I ■Ic cy ;1 1 . T1 I I N H �°` �%� � J F� N �1 r� J�I ° 226 AC r R, }_\ r -.-) © Orp ..&.- z J ‘2t1 kk x , 7 1 \ Y 1 k / 1 20 = \ 14 9 ' c, t k \ � �o ; s- 4 .66 A... to \ O� 6 k1 y c P ,1100 � p 20 . 2 3 AC. 1 \. ' \� 5 �� �t 2 04 mo � ,,,c‘-‘-' c t. 67.12 0 0. O /..., / •• � q. _\ C \ 6 0 t. /0 / O , Ac∎ ^ v . ef)Z9 �.45 O� �, �.. PT io N I is - I J) 0 mi l- V 2 ' \ ` �ab 16001? C o2o r /.19, "AS — -- 1 - - r PTO r� \ 10 °. � � 1 � -.. / 1 � X 85' 9ss y� f • �� 1400 �o � f1 3 , ' 0 ' � s V -, -� Y g 0 lf J.�n _ _... _1.T.00 'o_ �� k-..� _. —..: rl, . - ... -. _ _ _ This Map Provided As A Courtesy Of Oregon Title Insurance Company N . _ - ........ This sketch is made solely for the purpose of assisting in locating said premises, t'1 and the company assumes no liability for variations, if any, in dimensions and locations ascertained by actual survey. •mil xi A , U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OREGON TITLE INSURANCE COMPANY SETTLEMENT STATEMENT OMB No. 2502 -0265 B. TYPE OF LOAN 1. ❑ FHA 2. ❑ FmHA 3. ❑ CCNV.UNINS. 6. File Number: 7. Loan Number: 8. Mortgage Insurance ('a. Number: 4.0VA 5.❑ cagy. Ds. 110595w C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c)" were paid outside the closing they are shown here for informational purposes and are not included in the totals. D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER /TAX I.D.No.: F. NAME AND ADDRESS OF LENDER: City of Tigard John R. Skourtes 13125 S.W. Hall 1710 S.W. Weir Road Tigard, OR 97223 Beaverton, OR 97007 - G. PROPERTY LOCATION: H.SE1TLEi1FNf AGENT: Please see legal description OREGON TITLE INSURANCE COMPANY Washington County, Oregon PLACE OF SETTLEMENT: I.SETPLE11E T DATE: 1515 SW Fifth Ave., Ste 105 04/26/91 Portland, Oregon 97201 J. SUMMARY OF BORROWER'S LION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 33, 370.00 401. Contract Sales Price 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 246.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City /town taxes to 406. City /town taxes to 107. County taxes 12/31/90to 07/01/91 430.10 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. no. Int. 9% 1/1/91 to 4/1/91 750.82 41o. 111. 411. 112. 412. 120. GROSS AMOUNT DUE 420. GROSS AMOUNT DUE FROM BORROWER 34,796.92 TO SELLER 200. AMOUNTS PAID HY OR IN BEHALF OF BORROWER: 500. REDUCrICNS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) tarn subject to 204. 504. Payoff of first mortgage loan 205. Deposit to Escrow 33, 870.00 505. Payoff of second mortgage loan 206. Deposit to Escrow 1,100.00 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City /town taxes to 510. City /town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. _ 514. 215. 515. 216. 516. 218. 518. 219. 519. 220. TOTAL PAID BY /FOR 520. TOTAL REDUCTION AMOUNT BORROWER 34,970.00 DUE SELLER 300. CASH AT SETTLEMENT FROM /TO BORROWER 600. CASH AT SETTLEMENT TO /FROM SELLER 301. Gross amount due from borrower (line 120) 34, 796.92 601. Gross amount due to seller (line 420) 302. Less amounts paid by /for borrower (line 220) 34,970.00 602. Less reductions in amount due seller (line 520) 303. CASH( ❑ FR M) ( ®TO) BORROWER 173.08 603. CASH( ❑ TO) ( ❑ FROM) SELLER Previous edition is obsolete. RESPH HUD-1 4) 3057 -2- L. SETTLEMENT CHARGES 700. TOTAL SALES /BROKER'S COMMISSION PAID FR.YI PAID FROM BORROWER'S SELLER'S based on price $ @ %= FUNDS AT FUNDS AT Division of Commission (line 700) as follows: SETTLEMENT SETTLEMENT 701. $ to 702. $ to 703. Cmm fission paid at Settlement • 704.OMLS Fee from Calm to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee to 804. Credit Report to 805. Lenders Inspection Fee 806. Mortgage Insurance Application Fee to 807. Assumption Fee 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. Flood Insurance Premium for years to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months @$ per month 1002. Mortgage Insurance months @$ per month 1003. City property taxes months @$ per month 1004. County property taxes months @$ per month 1005. Annual assessments months @$ per month 1006. Flood insurance months @$ per month 1007. months @$ per month 1008. months @$ per month 1100. TITLE CHARGES 1101. Settlement or closing fee tcOregon Title Insurance Ccsi'pany 150.00 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance birder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to ( includes above item numbers: 1108. Title insurance tcOregon Title Insurance Company (includes above items numbers: 1109. Lender's coverage $ 1110. owner's coverage $ 33, 370.00 246.00 uuCity Lien Search Oregon Title Insurance Company 15.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 81.00 :Mortgage $ :Releases $ 81.00 1202. City /county tax stamps: Deed $ :Mortgage $ 1203. State tax/stamps: Deed $ :Mortgage $ 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. 1304. 1305. . 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, section J and 502. Section K) 246.00 r I have carefully reviewed the HUD-1 Settlement Statement..and to the best of my knowledge and belief it is a true and accurate statement of. all receipts and disbursanents made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrowers Sellers The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will caiae the funds to be in ..rdance with this sta < 7/ Sett1 -,= t Agent Date Warning: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. C'vt Section 1001 and Section 1010. ZANSFER TAX EXEMPTION AFFIDAVI. _ l '- .We have received document # on for recording. If you believe • this document qualifies for exempt status under our transfer tax Ordinance #2$9, we must receive this affidavit in our office no later than Grantor: ��, / 1 ,1 _ .- Grantee: (7 / , -, - I, /n i i .. . , being first duly sworn, say that I am the (graTrtur (^rang other Z- ), I have reviewed all of the allowed exemptions to the tax as listed bel �,�i The transfer of the property is exempt under the tax pursuant to the indicated exemption: (check one) O a. estoppel deeds; b. deeds in lieu of foreclosure and all transfers of real property effected O by order of any court of competent Jurisdiction in a mortgage or lien foreclosure proceeding, proceeding for execution of a Judgment, bank- ruptcy proceeding or receivership proceeding; c. vendor's assignments and all transfers or assignments of a seller's BBBBB., O interest in a contract for the sale of real property, even though accompanied by a conveyance of the seller's interest in the real property; O d. earnest money agreements; 0 e, sheriff's deeds; O f. options; O g. trustee's deed as a result of foreclosure; h. conveyances to or from a governmental entity; O 1. re- recording of documents; 0 O J. fulfillment deeds; Document a : > O k. documents recorded solely for security purposes; O 1. transfers of real property affected by a S 1 y pproprlation or condemnation � O proceedings brought by the United States, the State of Oregon, 0 O Washington County, or any municipal or non - profit corporation; S 0 s u O m. transfers of real property for which the selling price is $13,999.00 ® or less; ® 4. _, O _ 10 O n, transfers of reel property to effect a mere change in identity, form a L u or place or organization; O o. transfers of real property to effectuate the dissolution of a corporation, partnership or venture;'BBBBBO O p. transfers of real property by gift, devise or inheritance; O q. transfers of a grave or cemetery lot; or r. transfers of real property between spouses effected by of any O court of competent jurisdiction in a marriage dissolution or separation proceeding. ! understand that this information is available for inspection by the Internal Revenue Ser.ice and the Oregon State Department of Revenue. • a (Signature) ,--- ii 1 ;..corn and subscribed to before me this ,.� day of , .i 19q/. • i i Notary Public for Oregon t if , i My Commission Expires O'DO' ELL, RAMIS, CREW & COI GAN k14 \l ' sto ATTORNEYS AT LAW JEFF H. BACHRACH BAILOW & WRIGHT BUILDING CLACKAMAS COUNTY OFFICE CHARLES E. CORRIGAN* 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 STEPHEN F. CREW Portland, Oregon 97209 Canby, Oregon 97013 CHARLES M. GREEFF (503) 266 -1749 WILLIAM A. MONAHAN TELEPHONE: (503) 222-4402 NANCY B. MURRAY FAX: (503) 243 -2944 MARK P. O'DONNELL JAMES M. COLEMAN DENNIS M. PATERSON III PLEASE REPLY ID PORTLAND OFFICE KENNETH M. ELLIOTT TIMOTHY V. RAMIS GARY M. GEORGEFF* SHEIIA C. RIDGWAY* ROBERT J. McGAUGHEY* WILLIAM J. STALNAKER April 24, 19 91 Special Counsel Also Admitted to PraC°tt SENT VIA FACSIMILE in State of Washington Oregon Title I. urance Company Suite 105 1515 S. W. 'fifth Avenue Portland, +R 97201 Attent'on: Wilma A. Doane, Escrow Officer R :. City of Tigard - Skourtes (Title Order No. 110595w) Dear Wilma: You will be receiving from the City of Tigard, under separate cover, a supplemental check for $1,100. You are authorized to close .the above - referenced transaction any time before the close of business on Friday, April 26, 1991. You are instructed to proceed in accordance with my instructions dated March 29, 1991, with the following modifications: (1) The City's share of 1990 -91 property taxes will be prorated as of December 31, 1990; (2) The City will pay 9% per annum interest on the $33,370 purchase price from January 1, 1991, through March 31, 1991, totalling $750.82; (3) The City will pay the Washington County transfer tax and the government service fee; and (4) Any surplus proceeds remaining in the City's escrow account should be refunded by Oregon Title check, payable to the City of Tigard and mailed to the attention of Wayne Lowry, Finance Director, City of Tigard, P. O. Box 23397, Tigard, Oregon 97233. I understand that you will be receiving supplemental instructions consistent with the above from the seller's attorneys. Please let me know if you have any questions or if there will be any O'DO NELL, RAMIE, CREW CO; SAN • Oregon Title Insurance Company March 29, 1991 Page 2 difficulty in closing by Friday. Thank you for your cooperation and patience in closing this transaction. Sincerely yours, O'DONNELL RAMIS, CREW & CORRIGAN Kenne M. Elliott KME /flw cc: Original to Addressee by Regular Mail Donald J. Ekman, Esq., via facsimile Ron Bunch, City of Tigard, fir �,C�^,��� !i ; c �- ✓.mac- i_;� =-�. �;�c.�