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2001-039380 • `TE OF OREGON , t,.,unty of Washington SS I, Jerry,R: of Assess- ment and.,:'TaxatfOr),.-" nckt Qf ielo County Clerk for the �` �fy'�'�� °'° �ereb certi ��.. fY that and N rec ed _ 'p k �re p sj�of county r ,, : I r ,.. ; ; r` er4, A t Hansth D rector of ma sse s e iIt n4)raxation, Ex- t &q.Og ly Clerk Doc : 2001039380 Rect: 277793 32.00 04/30/2001 04:46:OOpm WASHINGTON COUNTY 2001 - 039380 III 1 11 lllllIllhIll 11111 11111 III 1.3 q l AFTER RECORDING, RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE Attn: Amy A. Chesnut SENT TO THE FOLLOWING Ramis Crew Corrigan & Bachrach, LLP ADDRESS: City of Tigard 1727 NW Hoyt Street 13125 SW Hall Boulevard Portland, OR 97209 Tigard, OR 97223 BARGAIN AND SALE DEED THOMAS R. DUNCAN AND FELISA P. DUNCAN, as tenants by the entirety, ( "Grantor ") conveys to the CITY OF TIGARD, an Oregon municipal corporation ( "Grantee ") the following described real property free of encumbrances except as specifically set forth herein: 1 Tract "C ", SHADOW HILLS, in the City of Tigard, County of Washington and State of Oregon. N C. The true consideration for this conveyance is Zero Dollars ($00.00) and other good and valuable consideration. c THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND ELM REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST LLI cc FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this /0 day of 000. P it execution of this deed, the City of Tigard hereby approves this conveyance. GRANTOR: GRANTEE: Q CITY OF TIGARD, an Oregon municipal Thomas R. Duncan corporation / % Felisa P. Duncan By: William A. Monahan, City Manager Page 1- Bargain and Sale Deed G: \jrc\RCCB \jrc \Tigard \deed\DUNCAN_deed.wpd(06 /13/00) w 1 STATE OF OREGON ) ss COUNTY OF , / h pMa k- / G ijin% e QiiiePersonall appeared before me this / da of eel , 2000, this instrument was acknowledged before me by j /' . ,d, n e , A . /►•,- OFFICIAL SEAL / ,;r '; -, CARLA L. HACKATHORN e / Z:. . , NOTARY PUBLIC - OREGON //� V '1% ' ► COMMISSION NO. B307661 NOTARY : LIC of Oregon 4 , MY COMMISSION EXPIRES DECEMBER 14, 2001 - y Commission expires: /��y7Dr STATE OF OREGON ) ) ss COUNTY OF k A51 r ov l ) Personally appeared before me this o0( j day of u (,Q Y Ce�1r cl , 2001, the above - named William A. Monahan, who, being duly sworn, did say that he is t' e City Manager of the City of Tigard, an Oregon municipal corporation, and that said instrument was signed on behalf of said corporation, and acknowledged said instrument to be his voluntary act and deed. . il k t.- SEAL C a±irt€ D W i, f ,ki L ...,_ W.: NOTAR PUBLIC -OOREGON NOTARY PUBLIC for Ore . n , ,._. CCMI'.1ISSIONNO.322993 50/ 03 MY COMMISSION EXPIRES MAY 10, 2M3 ' My commission expires: STATE OF OREGON, / 41, }ss. County oil. " L C ►^-i�� On this 11 day of C■,/ Aviv D before me, the undersigned, a notary public in and for said county and state, personally appeared the within named 1 known to me to be the ideentff'c individual described in and who executed the within instrument and acknowledged to me that. lLL executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed f '.ft?. OFFICIAL SEAL my official seal the day and year last above written. 4 : : ': - C. SUE COLE NOTARY PUBUC - OREGON + COMMISSION NO. 303913 MY COMMISSION EXPIRES AUGUST 14, 2001 Notary Public fir Orego My commission expires . 1 1- CI' Page 2- Bargain and Sale Deed G: \jrc\RCCB \jrc \Tigard \deed\DUNCAN_deed.wpd(06 /13/00) 3 . RAMIS _ CREW CORRIGAN & BACHRACH LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street June 5, 2001 Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 Ed Wegner, Director of Public Works JEFF H. BACHRACH City of Tigard JOHN C. CALDWELL 13125 SW Hall Boulevard CHARLES E. CORRIGAN* Tigard, Oregon 97223 STEPHEN F. CREW HEIDI T. DECKER*** MARTIN C. DOLAN Re: Shadow Hills Property WILLIAM E. GAAR* DAVID H. GRIGGS Dear Ed: DANA L. KRAWCZUK SUE-DEL McCULLOCH In accordance with our telephone conversation this morning, enclosed with this TODD W. O'BRIEN**** letter you will find an owner's standard coverage policy of title insurance issued by T. CHAD PLASTER* Oregon Title Insurance Company, and an invoice from that company for costs of TIMOTHY V. RAMIS PAUL D. SCHULTZ recording and purchase of the policy. WILLIAM J. STALNAKER NELSON L. WALKER Please pay the invoice directly to Oregon Title, but provide me a copy of your check and/or cover letter regarding payment for our records. DOMINIC G. COLLETTA** GARY FIRESTONE* With this action, we can finally close the referenced matter, having acquired clear JOHN R. McCULcCULLOCH, JR. NANCY S O title from the more than 40 prior owners. Thank you for your assistance and OF COUNSEL patience while we worked on this difficult project. SALEM OFFICE Sincerely, 21 Oaks Office Building 525 Glen Creek Rd NW Suite 300 i Salem, Oregon 97304-3157 (503) 363-9604 Inic G. Colletta Fax: (503) 363-9626 Enclosures OREGON CITY OFFICE Practicing as G:\Real_Estate'Tigard\Shadow Hills\Cotresp~LtWegnerReTitlePolicy&Bill.wpd HIBBARD CALDWELL SCHULTZ RAMIS & CREW 1001 Molalla Ave., Suite 200 P.O. Box 1960 Oregon City, OR 97045 (503) 656-5200 Fax: (503) 656-0125 *Also Admitted To Practice In Washington **Also Admitted To Practice In California "'Also admitted to Practice in Utah ****Also Admitted to Practice in New Jersey OREGON TITLE INSURANCE COMPANY /J~ division of Lawyers Title Insurance Corporation a LandAmerica company Title Operations 1515 SW Fifth Avenue, Suite 800 Portland, Oregon 97201 (503)220-0015 FAX (503)228-4848 Ramis Crew Corrigan & Bachrach LLP 1727 NW Hoyt Street Portland, OR 97209 Attn: Dominic Colletta Date: Thu, May 31, 2001 Order No. 765749w In connection with the above matter, we are pleased to enclose the following: ALTA Owner's Policy Thank you for allowing us to have the opportunity to be of service. If you have any questions, please contact the following staff member: Kathy Clair, Title Officer Phone: (503)220-8364 Fax: 228-4848 RECEIVED MAY 3 1 2001 RAMIS CREW CORRIGAN & LLP ATTC7- I ISSUED BY OWNERS POLICY OF TITLE INSURANCE Lawyers Tde Insurance Corporation SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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, LAWYERS TITLE INSURANCE CORPORATION 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. LAWYERS TITLE INSURANCE CORPORATION NtAsu Ali i ~\t`E' ~ ~FCOt tl - • - 9 I WAN V Attest: Z ~ ~ . i•.. A~4 By. W ~y. Secretary 3: President 192 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. - - NM1 PA 10 ALTA Owner's Policy (10-17-92) Face Page Valid Only If Schedules A and B Are Attached Form 1190-88 ORIGINAL CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to The following terms when used in this policy mean: prosecute or provide for the defense of any action or proceeding, the insured shall (a) "insured": the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action or defenses the Company would have had against the named insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its succeed to the interest of the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the from purchase including, but not limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining (b) "insured claimant": an insured claiming loss or damage. witnesses, prosecuting or defending the action or proceeding, or effecting (c) "knowledge" or "known": actual knowledge, not constructive knowledge settlement, and (ii) in any other lawful act which in the opinion of the Company or notice which may be imputed to an insured by reason of the public records as may be necessary or desirable to establish the title to the estate or interest as defined in this policy or any other records which impart constructive notice of insured. If the Company is prejudiced by the failure of the insured to furnish the matters affecting the land. required cooperation, the Company's obligations to the insured under the policy (d) "land": the land described or referred to in Schedule A, and shall terminate, including any liability or obligation to defend, prosecute, or improvements affixed thereto which by law constitute real property. The term continue any litigation, with regard to the matter or matters requiring such "land" does not include any property beyond the lines of the area described or cooperation. referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing 5. PROOF OF LOSS OR DAMAGE. herein shall modify or limit the extent to which a right of access to and from the In addition to and after the notices required under Section 3 of these land is insured by this policy. Conditions and Stipulations have been provided the Company, a proof of loss or (e) "mortgage": mortgage, deed of trust, trust deed, or other security damage signed and sworn to by the insured claimant shall be furnished to the instrument. Company within 90 days after the insured claimant shall ascertain the facts giving (f) "public records": records established under state statutes at Date of rise to the loss or damage. The proof of loss or damage shall describe the defect Policy for the purpose of imparting constructive notice of matters relating to real in, or lien or encumbrance on the title, or other matter insured against by this property to purchasers for value and without knowledge. With respect to Section policy which constitutes the basis of loss or damage and shall state, to the extent 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include possible, the basis of calculating the amount of the loss or damage. If the environmental protection liens filed in the records of the clerk of the United States Company is prejudiced by the failure of the insured claimant to provide the district court for the district in which the land is located. required proof of loss or damage, the Company's obligations to the insured under (g) "unmarketability of the title": an alleged or apparent matter affecting the the policy shall terminate, including any liability or obligation to defend, prosecute, title to the land, not excluded or excepted from coverage, which would entitle a or continue any litigation, with regard to the matter or matters requiring such proof purchaser of the estate or interest described in Schedule A to be released from of loss or damage. the obligation to purchase by virtue of a contractual condition requiring the delivery In addition, the insured claimant may reasonably be required to submit to of marketable title. examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. and places as may be designated by any authorized representative of the The coverage of this policy shall continue in force as of Date of Policy in Company, all records, books, ledgers, checks, correspondence and memoranda, favor of an insured only so long as the insured retains an estate or interest in the whether bearing a date before or after Date of Policy, which reasonably pertain to land, or holds an indebtedness secured by a purchase money mortgage given by the loss or damage. Further, if requested by any authorized representative of the a purchaser from the insured, or only so long as the insured shall have liability by Company, the insured claimant shall grant its permission, in writing, for any reason of covenants of warranty made by the insured in any transfer or authorized representative of the Company to examine, inspect and copy all conveyance of the estate or interest. This policy shall not continue in force in records, books, ledgers, checks, correspondence and memoranda in the custody favor of any purchaser from the insured of either (i) an estate or interest in the or control of a third party, which reasonably pertain to the loss or damage. All land, or (ii) an indebtedness secured by a purchase money mortgage given to the information designated as confidential by the insured claimant provided to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, The insured shall notify the Company promptly in writing (i) in case of any produce other reasonably requested information or grant permission to secure litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an reasonably necessary information from third parties as required in this paragraph insured hereunder of any claim of title or interest which is adverse to the title to the shall terminate any liability of the Company under this policy as to that claim. estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; interest, as insured, is rejected as unmarketable. If prompt notice shall not be TERMINATION OF LIABILITY. given to the Company, then as to the insured all liability of the Company shall In case of a claim under this policy, the Company shall have the following terminate with regard to the matter or matters for which prompt notice is required; additional options: provided, however, that failure to notify the Company shall in no case prejudice (a) To Pay or Tender Payment of the Amount of Insurance. the rights of any insured under this policy unless the Company shall be prejudiced To pay or tender payment of the amount of insurance under this policy by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION OF ACTIONS; claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. DUTY OF INSURED CLAIMANT TO COOPERATE. Upon the exercise by the Company of this option, all liability and obligations (a) Upon written request by the insured and subject to the options to the insured under this policy, other than to make the payment required, shall contained in Section 6 of these Conditions and Stipulations, the Company, at its terminate, including any liability or obligation to defend, prosecute, or continue any own cost and without unreasonable delay, shall provide for the defense of an litigation, and the policy shall be surrendered to the Company for cancellation. insured in litigation in which any third party asserts a claim adverse to the title or (b) To Pay or Otherwise Settle With Parties Other than the Insured or interest as insured, but only as to those stated causes of action alleging a defect, With the Insured Claimant. lien or encumbrance or other matter insured against by this policy. The Company (i) to pay or otherwise settle with other parties for or in the name of an shall have the right to select counsel of its choice (subject to the right of the insured claimant any claim insured against under this policy, together with any insured to object for reasonable cause) to represent the insured as to those stated costs, attomeys' fees and expenses incurred by the insured claimant which were causes of action and shall not be liable for and will not pay the fees of any other authorized by the Company up to time of payment and which the Company is counsel. The Company will not pay any fees, costs or expenses incurred by the obligated to pay; or insured in the defense of those causes of action which allege matters not insured (ii) to pay or otherwise settle with the insured claimant the loss or by this policy. damage provided for under this policy, together with any costs, attorneys' fees and (b) The Company shall have the right, at its own cost, to institute and expenses incurred by the insured claimant which were authorized by the prosecute any action or proceeding or to do any other act which in its opinion may Company up to the time of payment and which the Company is obligated to pay. be necessary or desirable to establish the title to the estate or interest, as insured, Upon the exercise by the Company of either of the options provided for in or to prevent or reduce loss or damage to the insured. The Company may take paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy any appropriate action under the terms of this policy, whether or not it shall be for the claimed loss or damage, other than the payments required to be made, liable hereunder, and shall not thereby concede liability or waive any provision of shall terminate, including any liability or obligation to defend, prosecute or this policy. If the Company shall exercise its rights under this paragraph, it shall continue any litigation. do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction u oo and expressly reserves the right, in its sole discretion, to appeal from any adverse - 0 0 4 5 O 5 judgment or order. CONTROL NO. continued on next page of cover sheet 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 the extent herein described. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (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 (i) the Amount of Insurance stated in Schedule A; or, policy, all right of subrogation shall vest in the Company unaffected by any (ii) the difference between the value of the insured estate or act of the insured claimant. interest as insured and the value of the insured estate or interest subject to The Company shall be subrogated to and be entitled to all rights and the defect, lien or encumbrance insured against by this policy. remedies which the insured claimant would have had against any person or (b) In the event the Amount of Insurance stated in Schedule A at the property in respect to the claim had this policy not been issued. If requested Date of Policy is less than 80 percent of the value of the insured estate or by the Company, the insured claimant shall transfer to the Company all rights interest or the full consideration paid for the land, whichever is less, or if and remedies against any person or property necessary in order to perfect subsequent to the Date of Policy an improvement is erected on the land this right of subrogation. The insured claimant shall permit the Company to which increases the value of the insured estate or interest by at least 20 sue, compromise or settle in the name of the insured claimant and to use the percent over the Amount of Insurance stated in Schedule A, then this Policy name of the insured claimant in any transaction or litigation involving these is subject to the following: rights or remedies. (i) where no subsequent improvement has been made, as to any If a payment on account of a claim does not fully cover the loss of the partial loss, the Company shall only pay the loss pro rata in the proportion insured claimant, the Company shall be subrogated to these rights and that the amount of insurance at Date of Policy bears to the total value of the remedies in the proportion which the Company's payment bears to the whole insured estate or interest at Date of Policy; or amount of the loss. (ii) where a subsequent improvement has been made, as to any If loss should result from any act of the insured claimant, as stated partial loss, the Company shall only pay the loss pro rata in the proportion above, that act shall not void this policy, but the Company, in that event, shall that 120 percent of the Amount of Insurance stated in Schedule A bears to be required to pay only that part of any losses insured against by this policy the sum of the Amount of Insurance stated in Schedule A and the amount which shall exceed the amount, if any, lost to the Company by reason of the expended for the improvement. impairment by the insured claimant of the Company's right 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, notwithstanding (c) The Company will pay only those costs, attorneys' fees and any terms or conditions contained in those instruments which provide for expenses incurred in accordance with Section 4 of these Conditions and subrogation rights by reason of this policy. Stipulations. 14. ARBITRATION. 8. APPORTIONMENT. Unless prohibited by applicable law, either the Company or the insured If the land described in Schedule A consists of two or more parcels may demand arbitration pursuant to the Title Insurance Arbitration Rules of which are not used as a single site, and a loss is established affecting one or the American Arbitration Association. Arbitrable matters may include, but are more of the parcels but not all, the loss shall be computed and settled on a not limited to, any controversy or claim between the Company and the pro rata basis as if the amount of insurance under this policy was divided pro insured arising out of or relating to this policy, any service of the Company in rata as to the value on Date of Policy of each separate parcel to the whole, connection with its issuance or the breach of a policy provision or other exclusive of any improvements made subsequent to Date of Policy, unless a obligation. All arbitrable matters when the Amount of Insurance is liability or value has otherwise been agreed upon as to each parcel by the $1,000,000 or less shall be arbitrated at the option of either the Company or Company and the insured at the time of the issuance of this policy and the insured. All arbitrable matters when the Amount of Insurance is in shown by an express statement or by an endorsement attached to this excess of $1,000,000 shall be arbitrated only when agreed to by both the policy. Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the 9. LIMITATION OF LIABILITY. option of the insured, the Rules in effect at Date of Policy shall be binding (a) If the Company establishes the title, or removes the alleged defect, upon the parties. The award may include attorneys' fees only if the laws of lien or encumbrance, or cures the lack of a right of access to or from the the state in which the land is located permit a court to award attorneys' fees land, or cures the claim of unmarketability of title, all as insured, in a to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) reasonably diligent manner by any method, including litigation and the may be entered in any court having jurisdiction thereof. completion of any appeals therefrom, it shall have fully performed its The law of the situs of the land shall apply to an arbitration under the obligations with respect to that matter and shall not be liable for any loss or Title Insurance Arbitration Rules. damage caused thereby. A copy of the Rules may be obtained from the Company upon request. (b) In the event of any litigation, including litigation by the Company or 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. with the Company's consent, the Company shall have no liability for loss or damage (a) This policy together with all endorsements, if any, attached hereto until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as by the Company is the entire policy and contract between the insured and insured, the Company. In interpreting any provision of this policy, this policy shall be (c) The Company shall not be liable for loss or damage to any insured construed as a whole. for liability voluntarily assumed by the insured in settling any claim or suit (b) Any claim of loss or damage, whether or not based on negligence, without the prior written consent of the Company. and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (c) No amendment of or endorsement to this policy can be made LIABILITY. except by a writing endorsed hereon or attached hereto signed by either the All payments under this policy, except payments made for costs, President, a Vice President, the Secretary, an Assistant Secretary, or attorneys' fees and expenses, shall reduce the amount of the insurance pro validating officer or authorized signatory of the Company. tanto. 16. SEVERABILITY. 11. LIABILITY NONCUMULATIVE. In the event any provision of the policy is held invalid or unenforceable It is expressly understood that the amount of insurance under this policy under applicable law, the policy shall be deemed not to include that provision shall be reduced by any amount the Company may pay under any policy and all other provisions shall remain in full force and effect. insuring a mortgage to which exception is taken in Schedule B or to which 17 NOTICES, WHERE SENT. the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest All notices required to be given the Company and any statement in described or referred to in Schedule A, and the amount so paid shall be writing required to be furnished the Company shall include the number of this deemed a payment under this policy to the insured owner. policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. B 1190-88 f E' epyers it le jnsurance o ration A WORD OF THANKS (rpo As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. OWNER'S POLICY OF There is no recurring premium. This policy provides valuable title protection and F TITLE INSURANCE we suggest you keep it in a safe place where it will be readily available for future reference. AMERICAN LAND Trrie ASSOCIATION If you have any questions about the protection (10-17-92) provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department e swyersTid Insurance Crporation ` . P.O. Box 27567 Richmond, Virginia 23261-7567 ISSUED By TOLL FREE NUMBER: 1-800-446-7086 lawyers Iide Insurance &poration Hohm OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23 23 5-51 53 ALTA Owner's Policy (10/17/92) SCHEDULE A Date of Policy: May 21, 2001 At 5:00 p.m. Policy No.: 765749w Order No.: 765749w Amount of Insurance: $23,000.00 Premium: $200.00 1. Name of Insured: City of Tigard, an Oregon municipal corporation 2. The estate or interest in the land which is covered by this policy is: A FEE 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: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. 765749w EXHIBIT "A" Legal Description Tract "C", SHADOW HILLS, in the City of Tigard, County of Washington and State of Oregon. ALTA Owner's Policy (10/17/92) Policy No. 765749w SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notice 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, claims of easements or encumbrances, not shown by the public records 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 unemployment taxes workman'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. 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. An easement created by instrument, including the terms and provisions thereof, Recorded September 18, 1968 Book/Volume 715 Page 612 In favor of Tigard Water District For Water line 9. Conditions, restrictions and/or setbacks, as shown on the recorded plat. 10. Easements as delineated on the recorded plat, For : Storm and sanitary sewer 11. Easements as delineated on the recorded plat, For Storm sewer (Continued) ALTA Owners Policy (10/17/92) Owner's Policy No.: 765749w SCHEDULE B, CONTINUED Exceptions, Continued 12. Covenants, conditions, restrictions, easements and/or setbacks, imposed by instrument, including the terms and provisions thereof, Recorded : September 12, 1978 Recorder's Fee No.: 78-40513 NOTE: This exception omits from said instrument any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin as provided in 42 USC 3604, unless and only to the extent that the covenant (a) is not in violation of state or federal law, (b) is exempt under 42 USC 3607, or (c) relates to a handicap, but does not discriminate against handicapped people. 13. Restrictive covenants to waive future rights of remonstrance against the formation of a local improvement district and any assessment therefor, Recorded September 12, 1980 Recorder's Fee No. 80032034 lcd 0 400 1a ci7 m~ LU m 7 m fi a . 4soo; 8f . m m 37 AC 104.00 m 87.22 83.28 C.7 4 84.89 J9., T' 800 A o 102.00 68.60 ea.oo 1 1- _ 9200 22-4:5 - ~ al Z WASHING' 7e AC : T 1 75 NT ~ o 8300 0 srroAe NE1/4 NW1/4 7, I L LI m 8 m TRACT 9500 "B f W n?. woo O t; mi] °m 500 ga ltd 102.Oo &50.. 20, a: m 28 AC 00 8160 $ solo 100.00 9~ F y 1~7,I5. III m 8400 0 100 } 8418 < y (D m 9 m° .18 AC ~t e- $ 100.00 x x 9000 2srron>3 , iw .35 AC 15 rid ~sr~s~~ 12 ' oo 5 8 cs zsr o _ 104.00 a 8500 23-7 10 E y~ 137.T5........... b a~ d BQ 0 7g f tt~ 8900 o V?? y 14 112.86 ?q 38 Al g 700 b i 2.31 S110AS , ~.35 AC a 1~' 8800 ml 8120 mq 8600 ow3AC o -23110A 1 icr . ' 3590 13 aml ¢ ,26 AC f N88-41-00E ,5Q.AO 588-10-0ow 13 38 8 , 8 .00 . J16.7, ~140. 1 9.00 B .8 V0.00 0 f<' ' 88.00 v 3400 3700 p 3600 TRACT'C" 28110AB 29 a 3500 o a~^ 3200 28.N ro~ 30 il ° 63pc DO 7 00 \ 100.00 2j ro / ~ry \ 15.1:60 G\,QUD 3300 150' \Qo 31 n ' AC .otii 82 66,89 e~0 C7- $ 1 45 AG d \ a0.. la CY a ~ O• ~ .64 ~ ~ 6 . vYy' 2800 ' W I R=2o 36 , 2900 3200 ? a ' CC m 35 m w 32a 55AC h N p a \ t32.5q . N, w 2700 g 121.1e 114.24 Cancelled Tax 37 4300,5800,4402,4 155.62 3000 ° 3100. 34 33 z . . m m V T, l7 N I m t' 2600 o m ° I `8 ^.uit?,3•~e'1. .130.00 THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES, AND THEd COMPANY ASSUMES NO LIABILITY FOR VARIATIONS, IF ANY, IN DIMENSIONS, AREAS, AND LOCATIONS ASCERTAINED BY ACTUAL SURVEY. OREGON TITLE INSURANCE COMPANY 11 division of Lawyers Title Insurance Corporation a LandAmenca company 1515 SW Fifth Avenue, Suite 840, Portland, OR 97201 Phone (503) 220-8359 Fax: (503) 228-7817 INVOICE Date: 05/29/01 Case/Invoice No. 765749w Ramis Crew Corrigan & Attn: Dominic Colletta op%y 1 727 NW Hoyt Street Portland, Oregon 97209 Property: Customer Reference: _90024-13 n/a Tract "C" SHADOW HILLS ( )Replacement ( ) Additional Invoice Prior Invoice dated Firm I.D. No. 20024 TYPE LIABILITY CHARGES TYPE CHARGES Owners/Purchasers $ 23,000.00 $ 200.00 Release Services $ Mortgagees STD $ $ Title Canc. Fee $ Mortgagees $ $ Escrow Canc. Fee $ 2nd Mortgagee Pol. $ $ Document Preparation $ Addtl.Advance/LOC $ $ Collection Fee $ Guarantee $ $ Transfer Tax $ LCLP $ $ Local Govt. Lien Srch $ 50.00 Escrow Fee N/A $ Recording Fees $ 1,393.00 Endorsements Recording Fees $ $ Addtl. Escrow Fee $ $ Overnight Delivery $ Miscellaneous Additional Work fee $ 225.00 Deposit toward fees $ INVOICE SUBTOTAL $ 1,868.00 AMOUNT PAID $ TOTAL DUE* $ 1,868.00 By: N. Saul Oregon Title Insurance Company RECEIVED PLEASE PAY UPON RECEIPT MAY 3 1 2001 RAmis CREVI (Please forward a copy of this invoice with your rer=f#t1fth & BA BRACH LLP ATTOO, E L -,uy, OREGON TITLE INSURANCE COMPANY division of Lawyers Title Insurance Corporation a LandAmenca company 1515 SW Fifth Avenue, Suite 840, Portland, OR 97201 Phone, (503) 220-8359 Fax: (503) 228-7817 INVOICE Date: 05/29/01 Case/Invoice No. 765749w Ramis Crew Corrigan & Bachrach Attn: Dominic Colletta 1727 NW Hoyt Street Portland, Oregon 97209 Property: Customer Reference: 90024-13 n/a Tract "C" SHADOW HILLS ( )Replacement ( ) Additional Invoice Prior Invoice dated Firm I.D. No. 20024 TYPE LIABILITY CHARGES TYPE CHARGES Owners/Purchasers $ 23,000.00 $ 200.00 Release Services $ Mortgagees STD $ $ Title Canc. Fee $ Mortgagees $ $ Escrow Canc. Fee $ 2nd Mortgagee Pol. $ $ Document Preparation $ Addtl.Advance/LOC $ $ Collection Fee $ Guarantee $ $ Transfer Tax $ LCLP $ $ Local Govt. Lien Srch $ 50.00 Escrow Fee N/A $ Recording Fees $ 1,393.00 Endorsements Recording Fees $ $ Addtl. Escrow Fee $ $ Overnight Delivery $ Miscellaneous Additional Work fee $ 225.00 Deposit toward fees $ INVOICE SUBTOTAL $ 1,868.00 AMOUNT PAID $ TOTAL DUE* $ 1,868.00 By: N. Saul Oregon Title Insurance Company PLEASE PAY UPON RECEIPT (Please forward a copy of this invoice with your remittance)