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VAR1-82 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 'TTGARD HIGH SCHOOL, 1-82 9000 SW 'Durham ltd Sl 14k lot l 4 .. . . ,.__ ..,.., .Charles.. Selig (1Wditarium) , : L :1 N,. a Y. { _ x t. a /V u� sl. 1• '''.1'....:'{' i 1. ti•• .j., l •Ii R a '' x,• .1‘,4.4': f bi A• S. r. • . r j i . r- _.. _ �..k. . ... .. .,:_u ... ..».. ....-..,�...w.....„.....+r..._._.6.._. ..- -+.e+. "`u...-a»..._».u.-.-.._t i... r-^...+.-,..w+..-,+...w.t+r+..rnw»...w.-e+.«a+rbMr......+-.+L« w1...4..a�n-u-»3-.-: ••..'lsc+s+f!•.h ,._--..-. ... �'+-s-'t-.� `.k�..u'rt.......v.�A '°.,.ter:...-......�....�.�....[]...+-n. _«--.__.,.-,.. .�..�...`�......._..ate-�..,..,. v ..+ . -.. .. :, ✓'..F AFFIDA��T �F P BLICATION �� .. .�, 6 Air ,- {.ro ii/ �� +`.f t I STATE OF OREGON, E.4 sa � COUNTY OF WASHINGTON, 414,,,6,:11,Z,r JO JOHN W W. MARLING : . : `` . f :i A 1, _ Ka rt.,. St . 2N -p t'4-t. - being first duly sworn, depose and say that I am the publisher ----.•---_..__.._w - --' ,�,E `• e..-•0F ,`5y. f ' •r. -'iJ Q)_r ^”' y.= t.'TS _.. .........-.-_..of The.Tigard Times, a newspaper of general circulation, as defined . 14-'-c 0 a3..E 0 a y, ,• , r ▪ � ,k Q'-.Mq .i' by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and `• 6.m�f ':g•0 .• `t '" .-.1-f---. state; that the legal notice, a printed copy of which is hereto annexed, was c ' ¢rs, _ pli:4":.a' =°`-z.:0,0) a E ..t'o- ` .. successive and 1.4 �' published in the entire issue of said newspaper for 2 ... n � � �'{ - • Fehr aryl 11,18, 1982 • �� .a.w�. '` - c,zy i consecutive weeks in the following issues . acs- l'"... ad�' ,4 S AP'4›, 4), >E3; 0' ''lx._ (Signature) ;-ff¢.� .�Z, ,;,,.4).m: _. r w Subscribed and sworn to before me this_.._... ._._: _._._._. day of-----_._ "' �'2, ' r14 ,sir %..f,..,, ,,..=+�: = .. •,..,..—i/--ZZ,t.....a.44. ''' '' *V = "141-5=r41,- 1 1 ,zie-c,./..,01.,-2.0:71.,_4)ofig 4.3;,9,2;062_,,,lot,...,...: ',..-V ` . J'CSC .,,./ Z./La �_ `� ? 4„ci vi 6`0 - +, _....._. ._..... N Lary Public of Oregon �• � `�®; '_ '�'� 'i My commission expires ...__.- /(/ 19GP-.. --- . .. 1 i y i • •`f• i s. r t ,^ i. AJ$ Q, r- f X B .' Jr'N .- r. z x a j .id .. S'. Y4 { NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION AT ITS MEETING ON TUESDAY, February 2, 1982 , AT 7:30 P.M. , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH ' SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: APPLICANT: Tigard School District 23J NpO # 6 OWNER: Same 13137 SW Pacific Highway Tigard, Oregon Alik REQUEST: For a variance to the height requirement fo:: construction of an auditorium as an addition to the existing high school complex. ' LOCATION: 9000 SW Durham Road (Washington County Tax Map 2S1 14,A Tax Lot 100) �`o. . : Ij"�.� 0 L ; __ to v�E ` . O 'r.. .1*. • C. 'Loo6 s °► d °_----�-- " ?) -__. .,,-• ( .W. G00K.� ;T t .ARTH CT rµ SERENA WAY ' . `\ ° c` AN �� DR. _ .. T. z ___ _s, f ft .� KENT 4� › r KENT CT. .4/ :; LO.4 ., ..,..< ' 6'' : ., �, , . � r hf .•t•'�. RIVERWOOD LN. , ! E ,,'I .. `.i- ' }.41' r 1.4,.X":C.;Y'si.•(may (..‘t 4 j - - ` , •, ,',•.,4f.,:',.4,,,...:4•..i.,,•{.,E...s-4 / i � / y U:. ' G� 7l4Wt COOK PARK a-tray r �1111 NA h, yr. + c`# .? f< '' ' 4 r:'7�':j;^r3'fir^ ,,4-k1v 41 t ,' ",..;:.. ) 0 a c)cr, ',1-?.4.3 '-:. ..,-:>;''?'5',7#9ix,5.).:4-'k'', :,.. ' , , \''' : q , C'Er) il—_,,r1..„.. - THE PUBLIC HEARING ON THIS MATTER WILL BE. CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES - OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, . OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL,. HEARING.. SHOULD YOU WISH TO APPEAL, A WRITTEN LETTER ADDRESSED TO THE CITY RECORDER,PIUST BE RECEIVED , PRIOR TO THE EXPIRATION OF THE TWENTIETH DAY AFTER THE DECISION OF THE HEARING. IF NOTICE ' TO APPEAL IS NOT RECEIVED WITHIN TWENTY DAY'S, THE ACTION IS VALID. FOR FURTHER INFORMATION, PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171 CITY OF TIGARD, 12420 SW Main f,. Tigard, Oregon 97223 ,yt • t �. STAFF REPORT . AGENDA 5.1 TIGARD PLANNING COMMISSION February 2, 1982 - 7:30 p.m. . • Fowler Junior High -- Lecture Room 10865 SW Walnut Street, Tigard • January 25, 1982- ' No submission of additional material by applicant shall be made at this Public Hearing unless the applicant is requested to do_so. Should this , occur, unrequested, the item will be tabled until the following hearing. A. FACTS: • General Information Case: Variance V-1-82 (Tigard High School) NPO #6 • Applicant: Tigard School District (23J) Owner: same . 13137 SW Pacific Highway Tigard, Oregon 97223 ' ;:;;. Location: 9000 S.W. Durham Road, Washington County Assessor Map # 2S-1-14A, Tax Lot 100 (Attachment "A41) • y ` P,,:--resent Zone Designation: R-30 (Single Family Residential) Request: The applicant is requesting a 27-foot variance for Section 18.20.100 of the Zoning Ordinance to allow for a maximum . 0 V 57-foot high addition to the high school. (Attachment "B") Notices Mailed: January 21, 1982 - 9 mailed Background: On October 7, 1981, the Planning Director approved a; site ' design review (SDR-27-81) for the auditorium. On January 21, 1982, the NPO #6 members met with the applicants architect to discuss the proposed request. B. APPLICABLE PLANNING POLICIES: • Tigard Municipal Code Section 18.76.020: "No variance shall be granted by the Planning Commission unless it can be shown that all of the following f conditions exist: t • 1. Exceptional or extraordinary conditions applying to the property 'H that do not apply generally to other properties in the same zone or 1 vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control. 2. The variance is necessary for the preservation of a property right of the applicant substantially the same as possessed by owners of other property in the same zone or vicinity. , , 1y tt' l` �, G4, a w.�w:w+sltriwmiaw;wa:.asww�x.:chZre.,..s�.e,.:�:...C• .• �o6w�..o...t.s �,,..r:.w,+.-a.a.is.w.:ow+.:W:.iE�.:waw.aay..r,:irw.k..rli3.YSS,r'w"rx'tiaAM Y.:.w�::...'�.wow:0.}+i::S.wl'JA,rAt aa.c_...uwt�:.•�..,J..lWL.a�:+�'a�1�a:Juak{' �, J,iuYi+:N3WCrrirts.PY.i.isk.'d:eE0Ui rt+ 62i.46�eldfwranev..�.. .. STAFF REPORT • Variance V-1-82 Page ; . 3. The authorization of the variance shall not be materially detrimental tohthe purpose of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy. 4. The variance requested is the minimum from the provisions and standards of this title which will alleviate the hardship". ,a . -- C. CONCLUSION: ' The applicant's request does not meet all the requirements of the ordinance: t.: 1. ' Staff finds that there are no exceptional or extraordinary conditions that generally apply to the property as a result of the property, size or • topography. However, there are circumstances over which the applicant has no control. The applicant states that when the high school cafeteria, which is directly to the south of the proposed auditorium, was constructed in 1966, it was originally planned that the cafeteria stage would be used as the stage for the new auditorium. Since the original stage was con-- structed, the building standards have changed, and consequently, the existing stage facilities would not function according to the. school's needs. These needs would include a stage area of 57 feet in height to accommodate a fly gallery and oth. ' stage related apparatus. The auditorium proper is proposed at 39-feet to accommodate proper accoustics and lighting , systems. 2. Staff does not believe that the variance request is necessary for the preservation of a property right. Just as other property owners within the ` vicinity have built their structures to within the height limitation, the applicant could construct an auditorium on the school site within the height requirements without effecting their rights to use the property as a school facility. 3. According to the intent of the height requirements, the variance request would be materially detrimented to the purposes of the ordinance. The existing height limitations were intended to maintain a uniform height and privacy for individual property owners within the single family residential zones. Staff does not believe that the proposed variance request will be injurious r'' to property owners in the area. The NPO #6 members met with the applicant's architect to discuss the proposal. After reviewing the design and other t`.r alternatives of the proposed auditorium, the NPO #6 members stated that they 4 .: had no objections to the proposed structure and requested variance. . . 4° At the present time, no structure exists on the site and therefore, f ., the proposal for the auditorium does not create a hardship related to the i existing standards in the zoning ordinance. A hardship, for example, would constitute the taking of land. Therefore, there is not a minimum variance necessary. . D. RECOMMENDATION: Since the proposed variance request does not meet all of the criteria .4 stated in Section 18°76°020 of the Zoning Ordinance, staff recommends that. ....,..4-+.+ ,.".+•:: .jam...+... .r +.ni:it 1 i Ii __ • I-,. €, Variance V-1-82 11,. Page 2 t, . , ' the Planning Commission deny the proposed variance. If, however, the Planning Commission finds that the requested variance is appropriate, . approval should be subject to the following conditions: 1. A detailed landscape plan, including size and type of plant materials 3 _ to be used shall be submitted concurrent with any building permit for =.}, the auditorium. , 2. Conditions 1-9 for case SDR--27-8). (Tigard High School -- Site Design r Review) shall apply. ' 3. No building permits for the auditorium shall be issued until the ex- l `"' piration of the fifteen (15) day appeal period from the date of approval, pursuant to Ordinance 82-01 (Administrative Procedures). ADDITIONAL STAFF COMMENTS: . I Under Section 18.20.020 of the Zoning Ordinance schools are permitted -in residential areas if a Conditional Use permitted is approved by the Planning i '. : . Commision. However, the existing Conditional Use section of the Zoning y ';., .Ordinance (Section 18.72) does not have any criteria in which to adequately ' evaluate the proposed use. It was staff's directive to the applicant to ` ' apply for a variance on the height requirements of the single family resi-- dential zone. }.: To facilitate the Conditional Use rocess p , staff is proposing specific evaluation criteria which will address special exceptions, such as school •; • facilities in residential zones. , '^ :' 1 + . la , . :// t I A t Prepared by Jere Coursolle Approved by Frank A. Currie Associate Planner Public Works Director ' ' , ti fx, 1.. • R ij k ,+-,,,,w-,-,4^tv±er,,,,,,+•'V^'„,,,,,,,,,,ten:' rt; t^,^ , 0,--.y *-,.-w'r'''-'1 a1.ur- rati*s.*ro*r cry-.n+vsxaaer.r4".'-!-z+n3� 4.14 j r ,e-rwr.'r, ,.!' .nwprMJet+t'K ■, Ii • p'' • .> Sr Planning Commission Mirk .?s February 2, 1982 Page 2 5. Cha' ed •- PUBI HEA-yakG by ea. • the 1 s , - en a .. it for z. •roce• e to •- fol o ed in the meeting. 5.1 VARIANCE V 1-82 Tigard High School Auditorium NPO # 6 • A request for a 27-foot variance for section 18.20.100 of the Zoning Ordinance to allow for a maximum 57-foot high addition to the High School. (a) Staff Report was read by Associate Planner, Newton. (b) NPO REPORT - Phillip A. Pasteris, Chairman NPO # 6 stated that NPO # 6 had reviewed this project on January 21, 1982 with applicant and supported the approval of this variance. He recommended that specific evaluation criteria be developed which would address special exceptions such as Schools and Hospital facilities in an residential zone. (c) APPLICANTS PRESENTATION - Chuck Selig, Selig/Henslee Architects, stated problem was a serious one as the design of the auditorium was a standard design in relation to High School Auditoriums ih surrounding areas. The height was not a comprice of their office but simply a projection of the requirements of whats • going on inside the building. If this variance was not approved it would severely limit the type of performance that could be presented on.stage _ He stated there was not any High School Auditorium in the State that would be r ': able to meet the height restriction and requested the Planning Commission to approve this.variance. (d) PUBLIC TESTIMONY • Harris Hansen, 10610 S.W. Derry Dell, member of ,Tigard School Board stated this auditorium has been proposed for a long time The auditorium was approved the second time it was put on the ballot, showing the people of the Community want this auditorium. The Tigard Chamber of Commerce endorsed this particular auditorium. More important is that it is a complete facility that will fit ` in with City of Tigard and can be used for other groups. Mr. Hansen felt it was important to have the height to make it a first class auditorium., (e) COMMISSION DISCUSSION AND ACTION O Commissioner Moen questioned' Selig regarding setting the building in the ground; Selig explained because of the swamp type soil conditions this would not be possible. Also, if they were able to inset into the ground then the old stage would not match with the floor in the new auditorium. o Commissioner Kolleas acknowledged in the past the Commission has been very strict with variances, however, felt the facility was needed and had no • problem with height requirement. * Commissioner Herron commented that the Community would really benefit from this facility and felt some allowance should be made for some conditions. ® Commissioner Bonn questioned if School was there prior to zoning; Staff replied the zone was similar to what the County had use for zone in that area. Bonn was also concerned when specific evaluation criteria, which would address special exceptions, would be available; Staff stated this would be upcoming in March'. it PLANNING COMMISSION MINT° S FEBRUARY 2, 1982 k Page 3 * Commissioner Moen said there was no doubt that the City needed the facility, however, the Commission has been given explicit criteria for granting variances' and have previously followed them. He felt the Commission would be setting a precedent if they approved this variance. Even though he felt this variance should be approved, it should be done at the City Council level. o Commissioner Owens has no problem with the height, however, we do have criteria se for variances and she was not sure if this project doesn't already meet that criteria. She asked legal Counsel if he could clarify; Legal Counsel , stated, we have a criteria to Meet and should not he swayed by the need of is the Community. We must comply with the ordinance we have, even though Staff is working on specific conditional use standards which may be adopted.in. the .. fj future, we have to deal with what is before us now. o Commissioner Christen stated he lived in the area and would have no problem .! living with the variance. O Chairman Tepedino described this as a tough case to decide. While the auditorium is beneficial for the public of Tigard, the' variance requirements 5� - were not being met. Even if we were to stretch and pull the-variance criteria • to pass this variance, what happens next week? He would prefer to see .the variance ordinance modified in such a way to allow these kinds of public is beneficial projects, instead of saying its there when•in actuality it is not o Commissioner Bonn noted a building permit was being requested and wanted to know time frame for the modification of the criteria of the variance; Associate Planner Coursolle replied modification would be presented at the March 2nd Planning.':; 4 Meeting then forwarded for. a public hearing. Planning Director commented this r . could be a public hearing at the City Council. level. :. • * Commissioner Moen questioned Legal Counsel if the City Council would have to operate under the same restraints as the Planning Commission; Legal Counsel stated City Council would be obliged to follow the same criteria. Council would have to change the ordinance before a public hearing prior to setting and following new criteria. o Commissioner Owens questioned if there was any way they could approve this variance, taking into consideration that not all four conditions were being met to the letter of the law, as a one time only; Commissioners agreed a one time shot could not be done. . Owens continued, rbecause of the absence of an ordinance to cover this particular situation,. the Commission is regulated by ` - the ordinance that defines building requirements in a residential zone. Chairman Tepedino asked applicant what impact a delay in the approval of the variance would have on the construction schedule; Selig replied the bids were being received tomorrow evening 8:00 P.M. and with successful bidding within the budget a contract could be awarded in one week. The contactor could be on site in five days. There is a passibility of,holding the bids for 30 days before contractors can withdraw bids, or sign a contract with a delayed starting date. However, this would effect the completion date and :may cause the contractor to ask for an extension. „ . PLANNING COMMISSION MIN. ES FEBRUARY 2, 1982 PAGE 4 ', • Commissioner Owens questioned conclusion number one regarding, "no exceptional or extraordinary conditions apply to the property", what about the water level being to high to lower the building? Discussion-followed among • Commissioners, Staff and Legal Counsel regarding regulations and the conclusions in the Staff Report. e Commissioner Bonn MOVED to deny variance V 1-82 per the policies, conclusions and recommendation of the Planning Department, then refer this application to City Council for their review, especially in light of the proposed changes in the conditional use criteria. Chairman Tepedino seconded the motion and asked for further discussion from the Commissioners. ' ± (-' o Commissioner Moen commented that he felt this would be better addressed at the , ' City Council level. ` • Commissioner Owens expressed her concern for the effect the delay would have on the construction. _ G Commissioner Herron question how long before this issue would appear before ` City Council; Planning Director replied February 22nd. Further discussion , • followed regarding the, time element involved. • Chairman Tepedino called for the question, division of the house was called, Tepedino, aye; Moen, aye; Kolleas, abstain; Christen, nay; Herron, abstain; Owens, nay; Bonn, aye. . MOTION. FAILED 3 ayes - 2 nays - 2 abstaining 4 Discussion followed between Commissioners for other possible motions. • Commissioner Owens MOVED for approval of a 27 ft. variance to allow for a 57 ft., high addition to the High School, with new findings of fact as follows.: 1 - With reference to the water table, that exceptional or extraordinary conditions does apply to this property which does not apply to other properties in the same zone or vicinity. 2 - Facts relating to the timing of the bids and the need for this type of construe' ton. 3 - NPO # 6 has declared this would not be considered injurious. _ A - They are not requesting anything beyond their needs to alleviate this hardship. Motion seconded by Christen o Chairman Tepedino called for further discussion. F o Legal Counsel presented two factoi3 he felt the Commissioners should consider. �.' ' First, he was not sure if the records showed that the exceptional and extraordinary condition of the water table did not apply to other property i:' in that vicinity. Second, in reference to preservation of a property right, he cautioned that the bidding, timing and awarding of contract is crucial, but are circumstances created by the applicant and are not necessary for the preservation of a property right. . K.'''. - y;:. PLANNING COMMISSION MC 'TES - ( . - : February 2, 1982 PAGE 5 `` • Commissioner Owens commented that while the water table may be high for surrounding properties, no one else needed to build this type of struct»re or need to go that far underground. Number two they need the.building height . to get a fly gallery and this specific purpose would not be able to happen I if this variance is not allowed. Therefore, isn't there a property right because this has been a school site and a school site has an auditorium? =/ O Further discussion followed among Commissioners regarding conclusions, the proper pi icedures to follow in processing this application and effects it 1 '.: will have in the future. . .' e Chairman Tepedino called for the question, division of the house was called. Tepedino, nay; Moen, nay; Kolleas, nay; Christen aye; Herron abstain; r Owens, aye; Bonn, nay. • MOTION FAIL PD 4 nays - 2 ayes - 1 abstaining #`..' . 1r • Commissioner Moen MOVED to forward Variance V 1-82 to City Council with (.:: : records of the Planning Commission comments and concerns. Commissioner y .3. Bonn seconded the motion.. D UNANIMOUSLY MOTION CARRIED _ _. i Recess 8:45 P.M. i Reconvene 8:52 P.M. - ,: 5.2 CONDITIONAL USE - CU 1-82 and CU 2-82 Oak Hill Investment Corp. NPO., # 1 1 A request for approval of a Conditional Use Permit to allow for the construction of a retail outlet and a convenience grocery store on the site. 1,>: (a) Staff Report was read by Associate Planner, Coursolle. REPORT - No report was submitted and no one appeared to speak. (b) NPO REP p P,P (c) APPLICANTS PRESENTATION - Mark Larson, Oak Hill Investment Corporation, 1. 1,. reconfirmed the Staff Report that the Conditional Use application is in direct conformance with the adopted Comprehensive Plan and the NPO Land Use designation. 1 (d) PUBLIC TESTIMONY - No one appeared to speak. . (e) COMMISSION DISCUSSION AND ACTION: i e Commissioner Moen questioned Staff regarding narking situation; Associate .. Planner, Coursolle replie d that the applicant had twice as man y parking spaces as were necessary. Moen continued that he had no problems with the type of businesses, however, he was concerned with eliminating access on Hall Blvd. • o Discussion followed between. 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'k " ,:-'-,, , Conditional Use eM,Isr-82, (Color Tile) 4t1',:,,,-'-.:':.,,,1,,.:,.,,, .....- :,- , ':.-•;'--.---,,s' ,,,,i',,...,:;',: A request by(,)pk2,,:iIIII-$00f.roeht:C0rOprotiOlifi).00ti?4,coloexi*e'P;00..f.,r.11.9:.-,1!: , • -..... , 2,.$',General cottiortio zokcTor,..iyao,2s1•20:16-1c..1-;,0t499 '.:.',.:,_,..-,:,-:,-,-,-,,,:.,,,,.,•,:,..4,,, , . Conditional Use 2:$2(741:storo):Npy#1,, -A request by Oak;Hill:",$0,,*tiii4!COrii.OratiOil..:to...,.006:0;`,14),.!pqii.vAtitoncef,7' §tore 14 4 C‘'..1-iootior-.01-.0jiroiircia Z000::T#V40. $1',,20,10*I.i:it-,,00.Q,;_:,,,,, :... . . soosti12aildt'.p.ottiit.m 341'-,(VS4):-OP047-;::: ' w;''.:-*, ':-,---;:,':-:..- ':'•"---,:,-.::::'.-..-,:**--'.:.;=-' , . .. ...•,... : A iectii;64t:;ok the Unified Sewerage-.i.54014y,tOr''.6:7Soxigifi*VinOpotthitf:',,, , i *.. v.ie4vi-,.t6 allow for the installation of an underground sanitary hrie'irciiriA $.7WA:1')..0d61,00117108Cto$.7ty1;..),21.gt Avenue.T.a.e.Maii:.,2$1.$51:,x:174*:11pt,0 1.00.-At*h 101,Ta*,:344p: $1ts-0ATi Tat,.4.t.4'00.„'atidi-,;(*,TAg,MA0.-„I$U3'40cTAItp:it.8,$$0.0 3602,3500 04,'1200,Ta.X' 440:1St' 3,4C3 Tax Lots.-:00 o at20 0 • General Plan Review CPR 13-81 (The'M e d ws)N P #7 ,, 4,:ioitiogi tii_Oi,t1. :,:..,K4iiiiiiiliitIoiti.derf‘iaii,Pfait k6leiiii'tiie?moa-abiks;:-2,':1 .,., :•• -: 27::Ibt$db4!.vgiba.743(.144p,,34.),),Aux.,Lot;446$0i,!:,„;": Cori4fgo#414,.uei:staitodr4 -7.,. -:-.::,.'.1,;'-„.-,:.!,:,;',:.:,:%',,',,,;&:: :r...!. ,:,-,: ., ,,,}...,,, -,.,. 7:: .;L:::, ,,,,:-,-,•;:::..., .:-. ,A,,,,i70904st,.6 -- the-City-Of.':1100:0:,,i00.0r.;04.0641$,,Iti. i,ititi-;-0ip:,:i-iti.$4174-:,- Vlipipotr„ctici:e.„-to:-.41611400',*4444r.0,f0t:.A01,4#1.0.43.RgkTO.Pti4c4fit0,%,,,,;,.,4.,-;,-.,:::1,-',--.'..i .;-:--. : ' ',',-;:',,sTtrott.,sgst61,1:.:.,----:, :,-! 'I ',,:-.„),x,',-.,,,,,:'::_,'.,,i.v.,':..-:,-2-,'2.,.,!.:,,:..,:.9,..-...;:.:.,:.:,,;,&;-?. ,:.,•e:,:, ,,,,,r,,4.„-:-:-;:',:l Noliti-A-0-.0tieti is taken div:Stirldk.S0s,,q1(iii,:ltpols,.'-4•''.,r,1:'.•, :•'••', •!-=',';'''" ,'.,:,,'''',.::,I ." ...-'• '.' r ;1'Main.Street DiV010Pa'AOfrit',(Iii';'!isii90)::NE'OJtk:::::„ A tetht0.4';.ik;'J713:,.-Lig44.00,,,,-..-00ii;;4-400,:si*:‘,0"it:.'.0,-.:0„Xii4,00:0*0,Otibii)iiitl , , ,. 'Project located 0060 g:NV;0AtWgtie:1a0C-,.-..-.:,';,..-„',';"..'.''...',.,i,,''.:A,-,:' :.:...-:‘,..:e,,, .-i!'::..:',::::.::: TT6239 -;;,‘Publish JatitiatY:21;:2&1941::,,,-..,; ,-.;-r,,,,,,-!..,:,.:f::,;, _.. .. ..:',`,•4 .`t'''' ,,,,"sier'.'t . ... Thr., .. .• , . .. .• .. T: • ••t■ - •, - . . .. , . • •• , ,. , . .... .., . . . .. . , , , , ,. • .,1 .• . ,• ••• - . .. • .,.-, •. : ., .., " • • .,.. ...•• ..• • .. • . - __=�,,w . - ` City of Tigard ) I, Diane M. Jelderks, being first duly sworn, on oath despose i : 4 the City of Tigard, Oregon . That I served notice of hearing of the Tigard 1 . of which the attached is a copy (Marked Exhibit A) ur• each i ' ,,- , ...; 198t2,,, bv nai.ling to each. of them at the address shier on the, attached list (Marked Exhibit B) , said notice as hereto attached, 1 • de ...sited in the United States Mail on the :::94 dav of I . , # 4 , . r. .: 7) / / . •, / 71 . .1- ./../:../ki ( .-:-.. .. 0,. . , ,,. , „„ . 1,.-- „ ,,,,.- . , .. .... , , - Subscribed and sworn to hefbre ne on the e?2-e.2, day of . fl ii 1. .,',..", ,., • -•,::': .• .'. . . .•' .:. . ...• ' SELIG/ HENSLEE . - . .., _ EIrrTE--T. OF 7MRSTEurirtaL , , Architects and Plai, , n ..._ , _.. ',..., . _ 213 sw Ash Street,Portland,Oregon 97204 ;- •-• Telephone:(503)224-0173 DATE /tivv49,9 JOB NO. . • . .- ATTENTI N . ' • TO, . . .,.. ., .. . .. , , ...-- .. ... ... ,:. .. -., .. WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items: ' •- 0 Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications , • ., 0 Copy of letter 0 Change order 0 — ...-• — ..'.... ,..; COPIES DATE NO. RIPTION DESC — ---------- • .: _asiOr .... 4..■11104-5' -, - .--- •, , ,,' ,. -.. .,. .., :..• -' ---- 0, ' ..., ----------- --- - • :- ‘ ,.., ..•'. .. aesaRaeuttstOMOSIMOMMISMOVOLIilleMearnYaint/MR•MIEL MOM., Altett........................ ... THESE ARE TRANSMITTED as checked below: .. • . 0 For approval 0 Approved as submitted 0 Resubmit copies for approval ... . . 0 For your use 0 Approved as noted 0 Submit, copies for distribution • As requested 0 Returned for corrections 0 Return corrected prints ., 0 For review and comment 0 .... 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US .-., . .•- REMARKS . .,. . , . . -.. 1 I • RECEIVED-- , , . , . • • CITY OF IMMO . , .-. ... COPY TO , ----- • . . . , . .-. ._, SIGNED: . , PROPUCT 2404 //Was/Inc.,Groton,Mass,01450 i f enclosures are not as noted, kindly notify Us at once. , .. ' ''' ' ,.., • , . ' 1)( '. VARIANCE VES ' APPLICATION k M ' t - .(1,, FILE # t TIGARD PLANNING DEPARTMENT 639-4171 FEE RECEIVED .e>} 12420 SW Main Street RECEIPT # ? ..G-g- , .' Tigard, Oregon 97223 RECEIVED BY I DATE RECEIVED The "contact person" named in this application will receive all major correspondence from the Tigard Planning Department and that person is responsible for providing• same to owner, architects, etc. a; In this case, the "contact persona is: Charles E. Selig P ®I (Bus.') 224-0173 (Res a} 246-1866 ADDRESS 213 S.W.W. Ash St. Portland, OR 97204 , • • " 1/12/82 Sg gn at�a�. ,rilyr+► .alr,�,c:; Date ACTION REQUESTED Height variance for proposes i gard .-I igh School Auditorium x ,•; r- Tigard School Dist. 23J 620-1620 4 APPLICANT'S N PRONE' (Bus .) Res.) .) ;,,4 ADDRESS 13137 S.W. Pacific Hwy Tigard, OR. 97223 (Street - O. t Zip PROPERTY . OWNER'S NAM:' Tigard School Dist. 23J PHONE '(Bus.) 620-1620 -(Res.) PHONE (Bus.)' * • , ,(Re's.) ADDRESS same • , Street - OrtT Z .p '._ ; PROPERTY OWNER RECOGNITION OF APPLICATION . , . , , . , ' Signature o owner PROPERTY INVOLVED: TAX MAP # 2S1 14A TAX LOT(S)(S) 100 • - ; ADDRESS 9000 SW Durham Rd. Tigard, Oregon AREA MEASUREMENT 49 acres ' , . CURRENT ZONING • R-30 Conditional Use CURRENT USE ' High School • APPLICANT'S PROPOSED USE To remain the same • . . APPLICATION WILL NOT BE ACCEPTED UNLESS FULLY COMPLETED . O • +0.2 0 4 8.1.vmc t, i a' +vt`5x 4. j.. CITY OF TIGARD , • NOTICE OF DISPOSITION The following action was taken by Planning Commissioner (Planning Director, Hearings Officer, Planning Commission or City Council) concerning V 1-82 on February 2, 1982 (Case #) (Date) • • • APPLICANT Tigard School District (23J) ADDRESS 13137 SW Pacific Highway CITY Tigard STATE Oregon " ' Assessor Map # 2S 1 14A Tax Lot(s) 100 LOCATION OF PROPERTY 9000 SW Durham Road for a 27-foot variance for Section 18.20.100 of the Zoning Ordinance `' REQUEST �� to allow for a maximum 57-foot high addition to the high school. ACTION ( ) Approved as requested ( ) Approved with conditions (attached) ( X ) Denied .tN. APPEALS F Appeals may be filed to the CC for items by affected parties (see PC or CC or HO F reverse side - Section 18.84.140 - Standing to Appeal) in accordance with the procedures stated in Sections 18.84.240 -- 18.84.290 of the Zoning Ordinance. Appeals must be filed within 15 days from the date of decision provided they are filed in writing with the Planning Director and include the following:. } 1. A reference to the application sought to be appealed or reviewed.. 2. A statement as to how the petitioner qualifies as a party; 3. The specific grounds for the appeal or review; and 4. The date of the filing of the final decision on the action.. 5. The appeal or review application shall be accompanied by the ' required fee. 11 6. The appeal or review shall be limited to the grounds listed under items 1 - 3 above. , Appeals must be filed by 5:00 p.m. on the final day of the appeal period. Where the final day of an appeal period falls on a weekend or holiday the appeal period shall be extended to 5:00 p.m. on the subsequent work day. S, p . .....:„ .. , • ....,. .,....,; . . . . . .. .. . . r .. „ .. •..,.s.: , .., ... . . . . . ..„. ,.. ." K „ ,„. .... ,, S • XXii.. .wae.w. .-+.V.r,••.•ti,•.1^”' w..b.N1w•�••.•..rv••••ea �rwr+F,•.J'w•.,w,^^•.•r. '. ,.. ....._.: , . The sketch below it made solely for the purpose of assisting in locating said premises and the Company assumes . ; • • no liability for variations, if.any, in dimensions and-location ascertained by actual survey. • • Pioneer National Title In arance Company . '�: i- • • '... - ` Title and Trust Division Wit,• }r 3• ,,, •'° • r. e , f . ����,�•�.'."'t',r5<',i r•` 't•_v•t , . j �"�. is ••• ,'i .t! r • • c„rMAP,4:$. y!, ,, .r T r 1 4tr , •:,. r r • '12•„'' - 'y`• .~ t y - ' t't'r• . ' i4,!'%'•;t::iS•• :!41 r \' 1760.0 . , • • ryi v.•••■• ;' •,.,• 'r• r.' C ;' `• -r t ROAD R•48. '▪ 1% ,: � �..�., . ..- _ . y ..)`...Zt`®P g®,ii d ,I `�c .'o L *. - ' �v ir rq Ho s'• ` . \ ..”,i:.- `� •• '•,"4i"R 1• f• M„• '�i ` 'rte� 1• ? .�A` ••J(/;,t J r i• • .' ' 0 41• • , t: . • .• • . .• .^v i!'(r: '-•:-.1',:-‘-if...Y.•it r r 1 • aRp■r :ie ^yAf , §.....,:,,'i• if r ,r{ t, - , .sAe.. �. tr.• ••• Y . ' . t , - •`4 '' t ` 3. ..E L�t s•o . A Yy ^"•i�?'1 . ' 'w , :y r• • ,J M1 • • • ' r *ma ; c it,`n t, • .1'.. .r.tyt •• ; . ' •,•-•4t ,0•Ivi;i. •t,:44 r '. , . ,. • L•Z p fi ' . . • a. 4.i. , 4....../...--... ' , �.i.f ' `. . tf. •�. it •. , •.,, . 2.r...1.:i Org'7 ., . . SY••®ML NO �. .1 ' . - 4+4, i;{;•I{;1 n fvt a? A....-.,..; ` i . • r 1;+ • N • • .1 i v,tie.6•=-.�+4-tyie p•�q '',•.; Y ty i'{; '•,„'• ,.5 , � • es e =.1',X•-•:- S' �, �1a • ' 'f` +, .• `:.• . ,• . lY t• 1101 .• • tR Q,,lc .1- 4,'-:, "M7• ,,,•.t.•t c?..,� 1.•......�_-. <4-.�.�. �....-.�.... _ . : .. , 'iL.s3' •• • '0,;.',C,.j, ,•fir',.Dtya`•..::g... , ' . .. ' ' .•.,, . ,„ „. ... -_,.. t.,,,.‘.. •,,,,,......_44..., ,,....,:y........,.w...,.,,14.*.,,,,,..„,„•••1 44.-t.4*..1/41. • ;::, . . .. A�'c a. _'.�.:• • ` fit ... _. .- ✓ti t':rti ." t j _ � {� SS 1f3 �tteOS fig•• .•KR,.,. y.=e•• °t a • r..t •••••..-„ , ... -, ' 600 . • , ... :. . .'',-.;';-;‘,.,..i.,'.7......i.1 'Lfo «.I..d•"”` R �.T .'�UY•'� _ Pi r' `#r Y lti-.'.L'`se'4 ri i ""t" t64 S6S.4 S t �q'e•1000 Yr . .• ( * 13 0'0 i' ' ..,• • •�; ,• '"' '. - r ATTACHMENT A s�/ V.+.- p11,tt,'d. ea`iis24.N 0...+*...4....:>4.4r a' SELIG HENSLEE Architects and Planners 213 sw Ash Street,Portland,Oregon 97204 Telephone:(503)224-0173 APPLICATION FOR VARIANCE TO TIGARD PLANNING GROUP In May of. 1981, .voters of the Tigard School District passed a 6.8 million dollar bond issue. Included in this amount were funds for a new Auditorium for Tigard High School. This facility, designed to seat 600, in addition to expanding the .`. educational opportunities, at the high School , will provide for all the c��tizens of the Tigard area a fitie arts facility that they do not have at this time, The new Auditorium is to ba located adjacent to 'the existing cafeteria building. This location has been identified by School District planners since the mid 60's as the location for the new Auditorium. . When the new cafeteria building was built in 1966, a number of facilities were incorporated in that structure to be later .. A, used to support the new Auditorium. It was originally planned the cafeteria stage could be used as the stage to the new Auditorium. Relating it to present-day standards indicates it is sadly deficient and a new stage is being planned. The existing stage will , however, be used as the scene shop and drama classroom for. the new facility. Two portions of the new Auditorium exceed the 35 ft. height limitation. They are the main Auditorium proper 39 ft. high and the stage with its associated fly gallery 57 ft. high. These heights have a direct relationship to the function inside the structure. In the case of the Auditorium proper, volume is necessary in order for proper acoustics. The height is also increased by the need for a shaped ceiling . which reflects sound to the spectators. Height is additionally required above that ceiling for catwalks to service the various lighting systems installed there. In the case of the stage area, the height is necessary so stage sets may be raised into the fly gallery area. Height is also necessary above the grid iron for servicing of that rigging. e �I No successful alternative to receiving this variance is possible. To reduce the height of the structure to below 35 ft. would completely cripple the function of the facility. To relocate the Auditorium to a different less prominent ' portion of the site would mean the reconstruction of all existing associated facilities within the cafeteria building at great cost to the District. Its removal from that portion of the site will also move it away from the existing parking areas. The Architects and members of the School District Administration will be present at the evening of the variance hearing to present a number of slides to show the necessity for the height and to be available to answer any questions the Commission may have. rt: 14 January 1982 .� � �.._.. ATTACHMENT "13'' .. CHARLES E.SELIG AIA / JOHN L.HENSLEEAIA • .. `. .. .. 4'�� b . '•sa+im++w.w�-. .. :: .^..Ree4 _'- _. -.. , ..:.t{Y.tiuA'. .w\-e:.s.+'.il:w, r; ' .......-.__,..t-.. ._............ ........... _ ..,. .....- .,., ..-....,.. ....... .__.. ..- - '_, .., ...,. yam,,__.. _.-..t...,,. ,.. ._,. .. _.,. _.._....., 251 14A 900 ;.;_. '•;' GRAYSON 8946 S.W. Barbur Blvd. Portland, Oregon 97219 904 r JAEHRLINC .; 16585 S.W. 92nd Tigard, Oregon 97223 1000 ' MARVEL Inc./ELLIOTT,ATTY. 1=: � 517 Corbett Bldg. F Portland, Oregon 97204 . 1; • 1100 11 E SAXON /SCHEFF LER ( ! a 1 S.W. Columbia # 1200 1:; :` . Portland, Oregon 97258 3 1 t > 1103 1200 i'; "` USA of Washington County 150 N. First Street ? ` Hillsboro, Or 97123 } G D i' 1300 ' I THOMAS , ' 16575 S.W. 85th Ave. R Tigard, Oregon 97223 3 2S1 14B 100 HOLMAN/TUALATIN DEVELOPMENT '` 15300 S.W. 116th Ave. ,. Tigard, Oregon 97223 2S1 1lpD 200 SATTLER/DIEHL/ROBERT RANDALL „ yyy 9500 S.W. Barbur Blvd. CO. h `, 5-300 ; [, Portland, Oregon 97219 c k;. 2S1 13B 600 .. USA See above i pe 2S1 12C 4700 N . �'.'• ADDI TON 'G 8465 S.W. Durham Rd. Tigard, Oregon 97223 r s� 1 4 V.'4 F'4 .",i'..x.t1.10.6t4—VARRANTY DEED. .,, . v ..1.-. .•:.:,,. 1.,..:, • rE, ----7- , ( , 'N,..-.1---- .... .' .:.: 11/61;LV6,. . .. .4H •:: I - - I KNOW ALL MEN BY TFiES1 PRESENTS, That ii.` .--'. I •,1 _JOHN SCHEMA cald PTA L. SCHECKLA, husband andwife, :*A•.. • 1 :;:•; • ..' If 0 ,, . , grantor..Pi! ::!: 1 • in consideration of, _ — — — — Dollars, ;. to them paid by ' . . ."...... WIION ::!..T:1H 2 Jt., Tiga.od.„ Washington County,. Orem , giantee ; do hereby grant,bargain,sell and convey unto the said grantee ..., .i.t.a. .3aitIaMs1 assigns,all the following real property,with the tenements,hereditaments and appurtenances,situated in the County .--• ,. ••:- of 'Aashinrton and State of Oregon, bounded and described as follows, to-wit: •. . . The: North 19 acres of that certain 39.79 acre tract in Section . 7.' lit, Tov'nship 2 South, Range 1 West, W..1.1;, '$11.ashington County, Oregon, -.-.•• ••,. which 39.79 acre tract is described as follows: -.... .,.,,:.;:.. Beii:.An at a :Joint 13.33 1/3 chains Ciest of the Northeast corner ..,., .•;. ,, 1 of Section 14, Township 2 South, Range 1 West; thence South 29.84 . 4 I chains; thence Uest 13.33 1/3 chains to a stake; thence North 29.84 . , chains to the center of road on section line between Sections 11 and 12; thence East 13.33 1/3 chains to the point of be7,inning; • .•'. 11 i 7141 ...:.,,, . , . ..,.• • ;1 . ...,. 'i To Have and to Hold the above described and granted premises unto the said grantee , its. • .,, ! Ireirszard assigns forever. And the grantors. do covenant that. .thc-y...are. . lawfully seized in fee simple ot'he ' above granted premises free from al: incumbrances,....r.eser,vin ..t.o...the...grarrtor.s...healein..anr their assirrns an eP.Aggle.nt..f_e_r_..a...r o.ackay...a..s.tr.ip...of...land...16..feat..in_imicith..along... . . .. the 70:.-ter1y line of the above described_tract, :...., 11 i and that they will and .their heirs, executors and administrators, shall warrant and forever . . . 1 , defend the above granted premises, and every part and parcel thereof, against the lawful claims and -. ..- I ', demands of all persons whomsoever. .,..:- .• . .t . .• Witness their hands.and seal..s this i, day of.. H-..; 44-4--(1.--&- ,1.9%—*— ., • • • ,..• ..,.. ......,-. e--" t' .(sEAL) •• 4 -" STATE OF OREGON, (sEAL) •..,• • .. , .. ,,,, ,. „ , . County of. ..:.5'1Q"..tialgtoxi On this VP'''Vay of Titebriaary ,19.52.., , .before me, the undersigned, a Notary Public in and for said County aril State,pe;reonally appeared the :• .,- • ;1 within named • _ ,, . li „......,.._.J.001.,S.CFECKTLand....k.ML.L..„SafELKLA.,,..husband...and-w-ife, . . I who. are . known to me to be the identical individual..F.3„ described in end who executed the within I ,.- • '' instrument,and acknowledged to me that. t,11,0;,v •. executed gia same freely and voluntarily. :.- 1 :N TESTIMONY WHEREOF, I have hereunto set my hand and affixed .-- i ... I my official seal t '."4 en:Allea last above written. . I t.., ‘ \41.A.A...__Wi • t. • * . '---........____. •,.','aryllblic 6ox Oregon. , • . • , hcy Commission expims. 7 ./-7/,*,.....:, , ..-, -: .3 , ., . .-.i: . ,. • .... -,--_,...„" 1 7, . il , ,A . 0 1, r m ... 11 0 t.F, i ') . . . '4:PA to • ,P, '. .) 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'1 •-...i al ---* .N1 C.,! `Z3 .. ."Vig il , r,', b '11, tk ' K 4t0,tI K "— 0 - L1 gi■ p4. ,-, ,•\-1 . , NI t. \ '.: . c... 0 I 0 , lt, c-3, -',...4:;*z .;,, n '4 1,4 . , ... -.I qt; ti -1-)1 ,. n -...,,, , ..) .....1, 1 .....,1 „.. to: cy, ° e. tl '. &I' g j4j- Ni i . -- ,,t ...4 ;, \.., \ • „. f.c ,=,-4 ..., 17.1 o -, r4 r., •,, Q3 ik .. r! ...,—. 0 H 'co .. w [`•4 :ON q , °, ''' ; N.,' / li ;. , 1 (/) 1 .44 CZ CO (..) , :4 p . 1 '1, •.11 -.•== .7-'=----,==.-.?•..7*,.•:,;---•,==.7,-.,„7-:•.-.-.-.1:4-_-==.--_:.:—...r.==----..---,-.---:-.....t.=-..==.*•=7..-.:7:-. 7---- ----..=2"--.-----;.:7-.._.,.....--.11 1 '•'.'''''.' -.• • ' ••*.:. . • .''' -• ' •• —- ---,---- ----;-----777'•', '.,,*-'*.-,,-2 '-''''**''''''':-1'''',7- --' i=',-;:-.- ':'.- --"'-'.'-'"'''';- ",......'1-!"*-= . .- . , ,. . . - .,. .. . •..: , ,1., .:,:i,.... :; '‘• ' • •i .. , . •,-.-- !.,'•'..1,11 :- a.• ors ( r•4 v t 1NTI Pioneer National Title Insurance Company . . 321.5.W. FOURTH AVENUE • PORTLAND. OREGON 91204 "TELEPHONE 228-1181 HERBERT ALTSTADT TITLE AND TRUST DIVISION VICE-PRESIDENT AND DIVISION MANAGER , Premium $ 150.00 . . . . . Policy of Title Insurance ., PIONEER NATIONAL TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of - the State of California), hereinaf er called the. Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A,does hereby insure the parties . named as Insured in Schedule A, the heirs, devisees, personal representatives,of such Insured, or if a corpora- , tion, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the.Company may be ob- ligated to pay as provided in the Conditions and Stipulations hereof,which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, other- wise than as herein stated; or . 2. Unmarketability, at the date hereof, of the title to said land of any vestee named '' herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect,in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Conditions f, • and Stipulations; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or Charge of such mortgage or deed of trust upon said land; or r 5: Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. . all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of . which are hereby made a part of this policy. r,•• .: ° In witness whereof, PIONEER NATIONAL TITLE INSURANCE COMPANY has caused its corporate • • name and seal to be hereunto affixed by its duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY By o , President Attest: tsr,146,14041.1 ' "Cie./Cfefi 'NO . . : d(d/ff. ,. Oregon .snd Vito A,sociation Secretary Standard Coverage Policy Form •10 6006 OR.R43•60 204 , . . ,. • . . . . .,.. : . - r ‘ . \_. ' -•,,-."-.-...•-•,••.,„:',,,,......,,,,,..=..4--'--•,'...,,..:,, - ."---- .== ..--."-- --....-----... - --,..•-•••••• •aizi.=.:,,z1L--. *,- - - -••`-'• -'' ;,••••-tav44-tr.--x......--,=•:.-................--1.w.:,..,-,-_-,..,,,•,...4.,......,,:.z.. ...-.. ,-.......,$rfa.. .V.....,,,,,,--•v-4.4;1:., .•, . .. . i ' -- . . .....- , . . : . :-, SCHEDULE A . .... . ---. ., ,,.. Amount S 35,000.00 Marc March 17, 1966 AtE00 .X.N.L , . = , INSURED • ..' ----UNION HIGH SCHOOL DISTRICT NO. 2 JT. WASHINGTON COUNTY---- • ----NO. 90 JT, CLACKAMAS COUNTY (TIGARD) OREGON---- _ — - , • . . . . ,... , . The fee simple iitle to said land is,at the date hereof,vested in----MARY SATTLER, surviving . . spouse of ANTONE SATTLER, Deceased.---- . .. . . . . : . . ,,,• . i . . . • •• The land referred to in this policy is described as: - ,-. Beginning at the Northeast corner of Section Fourteen (14) , Township , . . • Two (2) South, Range one (1) , West of Willamette Meridian, running thence West along Section line 53 1/3 rods; thence South 30 rods; thence East 53 1/3 rods to Section line; thence North along Section .. , line 30 rods to Place of beginning.---- p '- 11- . ' .., . : : 11: . . . . II. . . . ' • . ... -‘ , • • - ' . . , . -. • • . „ . . . ,. . , • • . . , .-: • . , . . . , , ..• , - . • .. . . • • . - . - PZGE 2 OF POLICY NoL144..892 . , '-' - ' .. • ' • ' ' •• ' .. ' . . . ' , • -,, . - , •• - - • ' / • _ • , • „,•-• • 4,S .. z: . r wpx�•mars}'RH+/'M.'^.s'ati,.`±,.ra,1,eV+•x•r7�C>sa.,u .rF..... ,. .. • , . .i, F• ' - { / y i fi SCHEDULE B r : N 1 `$ This policy does not insure against loss by reason of the matters shown or referred to in this .. 3 Schedule except to the extent that the owner of any mortgage or deed of trust is expressly '' insured in Paragraphs numbered 4 and 5 on page 1 of this policy 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 pending pro- °: ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance t or order therefor. N'•• Is=. 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 possessions thereoff. �� '' 3. Easements, claims of easement or encumbrances which are not shown by,the public records; 5 unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance i thereof; water rights, claims or title to water. ,1 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other 111 - facts which a correct survey would disclose. ^� f 5. As disclosed by certificate recorded March 19, 1965, in Book 545, page 224, Deed Records, the premises herein described have #_..:. been zoned for farm use.° At any time that said land is disqualified for such use the property will be subject to additional taxes and I I interest. 6. Rights of the public in streets, roads and highways. ; /, 7. Contract of Sale, including g the terms and provisions thereof, 1. between Mary Sattler, unremarried widow of Antone Sattler, Vendor, to Union High School District No. 2, Jt. Washington County, No. 90 Jt., , :{ Clackamas County (Tigard) Oregon. Vendee, dated March 9, 1966,, 1 .. recorded March 21, 1966, in Book 592, page 474, Records of Washington ' County. y + 4 t t. is t. V F t. • a kk . . �• . It r1I q q / Wfq •//�J •j. • ei Oregon Land Title Association ''` ��t` r Standard Coverage Policy Form COiN,JITIONS AND STIPUL,A'. DNS TO 6008 OR R-4-63 206 (Includes those in the American Land Title Association-Owner's Policy-Standard Form B-1962) title to said estate or interest is rejected as unmarketable, edness secured by such mortgage, excc t as '• ' 1. DEFINITION OF TERMS j p provided in The following terms when used in this policy mean: the Insured shall notify;the company thereof in writing. paragraph 2 hereof. P If such notice shall not be given to the Company within ten (e) When liability has been definitely fixed in accord- l'. (a) "land": the land described,specifically or by refer- days of the receipt of process or pleadings or if the Insured ance with the conditions of this policy the loss or damage =5•• et ence,in Schedule A and improvements affixed thereto which shall not in writing, promptly notify the Company of any shall be payable within thirty days thereafter. by law constitute real property; defect,lien or encumbrance insured against which shall come (b) "public records : those records which impart con- to the knowledge of the Insured,or if the Insured shall not, B. LIABILITY NONCUMULATIVE structive notice of matters relating to said land; in writing,promptly notify the Company of any such reject(c I "knowledge actual knowledge, not constructive don by reason of claimed unmarketability of title,then all It is expressly understood that the amount of this policy knowledge or notice which may be imputed to the Insured liability of the Company in regard to the subject matter of is reduced by any amount the Company may pay under any by reason of any public records; such action,proceeding or matter shall cease and terminate; policy insuring the validity or priority of any mortgage (d) "date": the effective date; provided, however, that failure to notify shall, in no case shown or referred to in Schedule B hereof or any mortgage (e) "mortgage":mortgage,deed of trust, trust deed,or prejudice the claim of any Insured unless the Company hereafter executed by the Insured which i.t a charge or lien other security instrument; and shall be actually prejudiced by such failure and then only on the estate or interest described or referred to in Schedule (f) "insured": the party or parties named as Insured, to the extent of such prejudice. A,and the amount so paid shall be deemed a payment to the and if the owner of the indebtedness secured by a mortgage (c) The Company shall have the right at its own cost to Insured under this policy.The provisions of this paragraph shown in Schedule B is named as an Insured in Schedule A, institute and prosecute any action or proceeding or do any numbered 8 shall not apply to an Insured owner of an the Insured shall include (I) each successor in interest in other act which in its opinion may be necessary or desirable indebtedness secured by a mortgage shown in Schedule B ownership of such indebtedness, (2) any such owner who to establish the title of the estate or interest or the lien of unless such Insured acquires title to said estate or interest in acquires the estate or interest referred to in this policy by the mortgage as insured; and the Company may take any satisfaction of said indebtedness or any part thereof. foreclosure,trustee's sale,or other legal manner in satisfac- appropriate action under the terms"of this policy whether . • don of said indebtedness, and (3) any federal agency or or not it shall be liable thereunder and shall not thereby 9. COINSURANCE AND APPORTIONMENT instrumentality which is an insurer or guarantor under an concede liability or waive any provision of this policy. (a) In the event that a partial loss occurs after the Insured insurance contract or guaranty insuring or guaranteeing said (d) In all cases where this policy permits or requires makes an improvement subsequent to the date of this policy, ' indebtedness, or any part thereof, whether named as an the Company to prosecute or provide for the defense of and only in that event,the Insured becomes a coinsurer to Insured herein or not, subject otherwise to the provisions any action or proceeding, the Insured shall secure to it the the extent hereinafter set forth. hereof. right to so prosecute or provide defense in such action or - - proceeding, and all appeals therein, and permit it to use, If the cost of the improvement exceeds twenty per centum 2. BENEFITS AFTER ACQUISITION OF TITLE at its option, the name of the Insured for such purpose, of the amount of this policy, such proportion only of any Whenever requested by the Company the Insured shall give Partial loss established shall be borne by the Company as If an insured owner of the indebtedness secured by, a the Company all reasonable aid its any such action or pro- one hundred twenty per cent=of the amount of this policy °•' mortgage described in Schedule B acquires said estate or ding,in effecting settlement,securing evidence,obtaining bears to the sum of the amount of this policy and the amount interest, or any part thereof, by foreclosure, trustee's sale, expended for the improvement. The foregoing provisions '•- r: or other legal manner in satisfaction of said indebtedness, witnesses,or proscuting or defending such action or proceed- g shall not apply to costs and attorneys' fees incurred by the or any part thereof,or if a federal agency or instrumentality expense so the Company pony shall reimburse the Insured for any Company in prosecuting or providing for the defense of .�- •. acquires said estate or interest, or any part thereof, as a actions or proceedings in behalf of the Insured pursuant to consequence of an insurance contract or guaranty insuring the terms of this policy or to costs imposed on the Insured or guaranteeing the indebtedness secured by a mortgage 5. NOTICE OF LOSS—LIMITATION OF ACTION in such actions or proceedings,and shall apply only to that covered by this policy,or any part thereof,this policy shall In addition to the notices required under paragraph portion of losses which exceed in the aggregate ten per cent continue in force in favor of such Insured,agency or inscru- 4(b), a statement in writing of any loss or damage for of the face of the policy. • mentality, subject to all of the conditions and stipulations which it is claimed the Company is liable under this policy Provided, however, that the foregoing coinsurance provi- hereof. shall be furnished to the Company within sixty days after sions shall not apply to any loss arising out of a lien or .`. such loss or damage shall have been determined and no encumbrance for a liquidated amount which existed on the 3. EXCLUSIONS FROM THE COVERAGE OF right of action shall accrue to the Insured under this policy dace of this policy and was not shown in Schedule B; and THIS POLICY until thirty days after such statement shall have been fur- provided further,such coinsurance provisions shall not apply {_•,. nished,and no recovery shall be had by the Insured under to any loss if,at the time of the occurrence of such loss,the This policy does not insure against Ioss or damage by reason of the following: this policy unless action shatl be commenced thereon within then value of the premises,as so improved,does not exceed five years after expiration of said thirty day period. Failure one hundred twenty per centum of the amount of this policy. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- to furnish such statement of loss or damage, or to corn- (b) If the land described or referred to in Schedule A • nances) restricting or regulating or prohibiting the Deco- mence such action within the time hereinbefore specified, is divisible into separate and noncontiguous parcels, or if „'.- fiances ore of enjoyment lathe land, i ting thng the shall be a conclusive bar against maintenance by the Insured contiguous and such parcels are not used as one single site, _' of any action under this policy. and a loss is established affecting one or more of said parcels '> • character,dimensions,or location of any improvement now but not all,the loss shall be computed and settled on a pro or hereafter erected on said land,or prohibiting a separation rata basis as if the face amount of the policy was divided in ownership or a reduction in the dimensions or area of 6. OPTION TO PAY, SETTLE OR COMPROMISE P ' pro rata as to the value on the date of this policy of each any lot or parcel of land. CLAIMS (b) Governmental rights of police power or eminent separate independent parcel to the whole, exclusive of any The Company shall have the option to pay or settle or improvements made subsequent to the date of this policy, ;. '• domain unless notice of the exercise of such rights apper,.rs f unless l in the public records at the date hereof. compromise or or in the name of the insured any claim uness a liability or value has otherwise been agreed upon (c) Title to any property beyond the lines of the la ad insured against or to pay the full amount of this policy,or, as to each such parcel.by the Company and the Insured at ,::., in case loss is claimed under this policy by the owner of the rime of the issuance of this policy and shown by an expressly described in Schedule A or title to streets, roads, the indebtedness secured by a mortgage covered by this express statement herein or by an endorsement attached • avenues,lanes,ways or waterways on which such land abuts, policy, the Company shall have the option to purchase said hereto. or the right to maintain therein vaults, tunnels, ramps cr P p payment or tender of payment • any other structure or improvement; or any rights or ease- indebtedness;such yurchase, P p Id, SUBROGATION UPON PAYMENT OR ments therein unless this policy specifically provides that of the full amount of this policy, together with all costs, such property, rights or easements are insured, except that attorneys'fees and expenses which the Company is obligated SETTLEMENT hereunder to pay,shall terminate all liability of the Company if the land abuts upon one or more physically open streets Whenever the Company shall have settled a claim under hereunder.In the event,after notice o.claim has been given or highways this policy insures the ordinary rights of abut- this policy,all right of subrogation shall vest in the Com- • tin owners for access to one of such streets or highways, to the Company by the Insured,the Company offers to put- g g chase said indebtedness, the owner of such indebtedness pony unaffected by any act of the Insured, and it shat! be unless otherwise excepted or excluded herein, shall transfer and assign said indebtedness and the mortgage subrogated to and be entitled to all rights and remedies (d I Defects,liens,encumbrances,adverse claims against securing the same to the Company upon payment of the which the'muted would have had against any person or • the title as insured or ocher matters (1) created, suffered, purchase price. property in respect to such claim had this policy not been assumed or agreed to by the insured claiming loss or dam- issued.If the payment does not cover the loss of the Insured, age: or (2) known to the Insured Claimant either at the the Company shall be subrogated to such rights and teme- date of this policy or at the date such Insured Claimant I`• PAYMENT OF LOSS dies in the proportion which said payment bears to the acquired an estate or interest insured by this policy a,sd not (a) The liability of the Company under this policy shall amount of said loss. If loss should result from any act of . shown by the public records, unless disclosure thereof in in no case exceed, in all,the actual loss of the Insured and the Insured, such act shall not void this policy, but the :,.. writing by the Insured shall have•been made to the Company costs and attorneys' fees which the Company may be obli- Company, in that event,shall be required to pay only that prior to the date of this policy;of (3) resulting in 0)loss gated hereunder to pay, part of any losses insured against hereunder which shall to the Insured Claimant;or (4) attaching or created iubse- (b) The Company will pay, in addition to any loss exceed the amount, if any, lost to the Company by reason quent to the date hereof. insured against by this policy, all costs imposed upon the of the impairment of the right of subrogation.The Insured, (el Loss or damage which would not have been sus- insured in litigation carried on by the Company for the if requested by the Company,shall transfer to the Company - rained if the Insured were a purchaser or encumbrancer(or Insured, and all costs and attorneys' fees in litigation car- all rights and remedies against any person or property nee- value,without knowledge. tied on by the Insured with the written authorization of essary in order to perfect such right of subrogation, and the Company. shall permit the Company to use the name of the Insured 4. DEFENSE AND PROSECUTION OF ACTIONS— (c) No claim for damages shall arise or be maintainable in any transaction or litigation involving such rights or NOTICE OF CLAIM TO BE GIVEN BY THE INSURED under this policy(i I if the Company,after having received remedies. . notice of an alleged defect,lien or encumbrance not excepted If the Insured is the owner of the indebtedness secured (a) The Company, at its own cost and without undue or excluded herein removes such defect,lien or encumbrance by a mortgage covered by this policy, such Insured may delay shall provide (1) for the defense of the Insured in within a reasonable rime after receipt of such notice,or(2) release or substitute the personal liability of any debtor or all litigation consisting of actions or proceedings commenced for liability voluntarily assumed by the Insured in settling guarantor, or extend or otherwise modify the terms of a€ainst,the Insured,or defenses,restraining orders,or injunc- any claim or suit without written consent of the Company, payment,or release a portion of the estate or interest from- Lions interposed against a foreclosure or sale of the mortgage or (3) in the event the title is rejected as unmarketable the lien of the mortgage, or release any collateral security and indebtedness covered by this policy or a sale of the because of a defect, lien or encumbrance not excepted or for the indebtedness,provided such act does not result in any estate or interest in said land; or (2) for such action as' excluded in this policy, until there has been a final deter- loss of priority of the lien of the mortgage. may be appropriate to establish the title of the estate or mination by a court of competent jurisdiction sustaining such - • . interest or the lien of the mortgage as insured,which litiga- rejection. 11. POLICY ENTIRE CONTRACT ,. lion or action in any of such events is founded upon an (d) All payments under this policy, except payments • alleged defect, lion or encumbrance insured against by this made for costs, attorneys' fees and expenses, shall,reduce Any action or actions or rights of action,clyat the Insured : policy,and may pursue any litigation to final determination the amount of the insurance pro tanto and no payment shall may have or miry bring against rho Company arisin Due of ,' in the court of last resort. be made without producing this policy for endorsement of the status of the lien of the mortgage covered by polity (b) In case any such action or proceeding shall be such payment unless the policy be lost or destroyed, in or the title of the estate or interest insured herein must be • begun, or defense interposed, or in case knowledge shall which case proof of such loss or destruction shall be fur- based on the provisions of this policy, come to the Insured of any claim of title or interest which nished to the satisfaction of the Company; provided, how- No provision or condition of this policy can be waived is adverse to the title of the estate or interest or lien of the ever,if the owner of an indebtedness secured by a mortgage or changed except by writing endorsed hereon or attached mortgage as insured, or which might cause loss oc damage shown in Schedule B is an Insured herein then such pay- hereto signed by the President,a Vice President,the Secs • for which the Company shall or may be liable by virtue ments shall not reduce pro tanto the amount of the insur- tart', an Assistant Secretary or other validating officer of . of this policy,or if the Insured shall in good faith contract ance afforded hereunder as to such Insured, except to the the Company, to sell the indebtedness secured by a mortgage covered by extent that such payments reduce the amount of the indebt- this policy, or, if an Insured in good faith leases or con- edness secured by such mortgage. Payment in full by any 12. NOTICES, WHERE SENT Tracts to sell,lease or mortgage the same,or if the successful person or voluntary satisfaction or release by the Insured All notices required to be given the Company and any bidder at a foreclosure sale under a mortgage covered by of a mortgage covered by this policy shall terminate all statement in writing required to be furnished the Company this policy refuses to purchase and in any such event the liability of the Company to the insured owner of the indebt- shall be addressed to it at the office which issued this policy. . ` i " . r . H ,' �; jL :it d A . TITLE AND TIUST thNPANY , , , is0 fit i F., .,ii:1....,.. ii7 TITLE AND TRUST B[TILD4NO n ley, 4111. 325 SW FOURTH AVENUE i, :. 'en &mil PORTLAND OREGON ;-. Y s. . 1' ` �Owner's Title Policy I $ 14,700 00 Premium $ 93.50 No. W-14-635 ' -: FOR VALUE, TITLE AND TRUST COMPANY, a corporation (incorporated under the laws of the State .:.Y:• of Oregon and duly authorized by the State Insurance Commissioner to insure titles in said state), hereinafter called the Company, , e: Does Hereby Insure , eT j. subject to the annexed conditions, hereby made a part of this policy, 1 1 1 S :t. {. 4 ----�-'-- UNION HIGH 2 JT a TIGARD, WASHINGTON COUNTY, OREGON • ;r heirs and devisees (or if a corporation, its successors) hereinafter called the Insured, against loss or damage not exceeding FOURTEEN THOUSAND, SEVEN HUNDRED DOLLARS, which the Insured may sustain by reason of any defects'in or unmarketability of the Insureds title to all the estate •. or interest in the premises specified and hereinafter described or reason.of liens or incumbrances charging the P P by g g i' same at the date of this policy, saving and excepting,,and this policy does not insure against loss or damage by reason of any estate or interest,defect, lien,incumbrance or objection hereinafter set forth in annexed Schedule B. ' F Any loss under this,policy is to be established in the manner provided`in said conditions and shall be paid upon,compliance by the Insured with and as prescribed in said conditions,and not otherwise. IN WITNESS WHEREOF TITLE AND TRUST COMPANY has caused these presents to be duly signed ' by its President or Vice'President, attested by its Secretary or Assistant Secretary and its corporate seal affixed •F s . this 26th day of February ' 19 52 ,at 8:00 o'clock A a M. R: . TITLE AND TRUST T COMPANY . .Z , t . By 11 I "I de t / President • r Attest: , ''e'N .:Cam- ' '''d° o ,LC -4 ' . ,'- y . t I OF POLICY NO. W 14-°-635 • F.200 Assistant.Secretary: F.zoz li , ---"°,7•-,-- - ,.:-'•-•'-i` ' .. ,. , . , .- -- , • • .• ■., , , , . , . C fi ,.. 1,.., .: ,, ... .., . . , . .. ' . .-.. SCHEDULE A .., -. . : The Estate or interest covered by this policy: . - . , An estate in fee simple . ----- , , - • . . • . --. .. - • '.., . ., . . • -- .. . ,,. Description of the tract of land the title to which is insured by this policy: .,-. Th® North 19 acres of that certain 39.79 acre tract in Section • 14, Township 2 South, Range 1 West, of the Willamette 'Meridian, . Washington County, Oregon, which 39.79 acre tract is described -.. • - -. .• as follows: - . Beginning at a point 13.33 1/3 chains West of the Northeast .. .-- corner of Section 14, Township 2 South, Range 1 West; th.ence South 29.84 chains; thence West 13.33 1/3 chains tc a stake; ,.. thence North 29.84 chains to the center of Road on Section --' line between Sections 11 and 12; thende East 13.53 1/3 chains • to the point of beginning. ,,-.. . . ' •,. • - , . . . . ., - •t ‘, . . • : -.. - . .. , ..- . - . . . . . . , . ' . ■ , . . . , - 1 . ,1 ''• ' - • , . , . , t . , - , . . ., . . , . • • .., . . . . . . . ■■■ r• , •. ' • • I, '■ i y ' , . . „ r SO h EDU LE B • This policy does not insure against: I. Any state of facts which an accurate survey and inspection would show; roads, ways and easements not established of record; the existence of county roads;water rights and water locations, 2. Rights or claims of persons in possession, or claiming to be in possession, not shown of record; material or labor liens of which no notice is of record. 3. Matters relating to assessments, preceding the same becoming fixed and shown as a lien; taxes not yet ' , payable; matters relating tD vacating, opening or other changing of streets or highways preceding the final termi- _. - nation of the same. . 4. Provisions and effect of any law or ordinance enacted for the purpose of regulating occupancy or use of said land or any building or structure thereon. 5.RiFhts of the public in and to any portion thereof lying Within the boundaries of roads and highways. ', .` 6.Sub ject to a 16 foot easement along the Westerly line as ; reserved in deed to the above insured. • , } 1 • . y.Fh.lW• c,ra dA os 9FX.1.ststas.•: r,,?t...:, s» ++ • CONDITIONS , • Upon receipt of notice of any defect, lien or incum- the Insured shall forthwith transfer all such rights to f brance hereby.insured against, the Insured shall forth- the Company accordingly. If the payment made'by the. 1' with notify the Company thereof in writing. In case Company does not`cover the loss of the Insured, then ` any suit,action or proceeding is commenced to which the such subrogation of the Company shall be*proportionate. Insured is a party and which may result in loss under Or, the Company may, in case this policy covers a -' this policy, the Insured shall immediately after learning mortgagee's interest only, pay the Insured the entire thereof notify the Company in writing,.and within ten mortgage indebtedness,with interest at the rate specified (10) days after service of process upon him secure to the in the mortgage and thereupon the Insured shall assign , . • Company the right to defend such suit, action or pro- and transfer to the Company the mortgage and the ceeding in the name of the Insured,so far as necessary to indebtedness thereby secured, with all instruments . protect the Insured, and shall render all reasonable evidencing or securing the same, or shall convey to the - , -.'' n. assistance in such defense. The Company will defend Company any estate lawfully vested in the Insured by . such suit,action or proceeding at its own,cost,reserving, virtue of foreclosure of the mortgage, and all liability of . ' -• ' however, the option of settling the claim or paying this the Company shall thereupon terminate... policy in full at any time. But the Company shall in no . , Where the Insured, in good faith, shall have entered . case be liable far any costs or expense incurred by the into an enforceable contract,in writing,to sell the Insured Insured.in such litigation without its consent. estate or interest, and the title shall have been rejected In the event of final judicial determination by a because of some defect or incumbrance not excepted in Court of competent jurisdiction,under which the Insured this policy, and notice in writing of such rejection shall is dispossessed or deprived of the real estate covered have been given to this Company within ten days hereby, or his estate or interest insured is impaired by thereafter, for thirty days after receiving such notice • this Company shall have the option of paying the loss, , reason of any adverse interest, lien or incumbrance p Y p p Y g , hereby insured against, or if this policy covers a wort- of which the Insured must present proper proof, or of _ gagee's interest, if such final judicial determination shall maintaining or defending either in its own name or at ' Lion in the name of the Insured some proper action defeat or impair the mortgagor's title to all or any part its option or proceeding, begun or to be begun in a court of corn- of the mortgaged premises or establish the priority to p � � � $, .= the mortgage of a'lien or incumbrance not excepted in petent jurisdiction, for the purpose of determining the ; this policy,claim may be made hereunder, provided, the validity of the objection alleged by the vendee to the j conditions have been in all ways complied with. Every title, and only in case of a final determination is made in claim for loss under this policy must be in writing, such action or proceeding, sustaining the objection to giving a full statement thereof, and be delivered to the the title,shall this Company be liable on this policy. Company at its Home Office within.sixty(60)days after If this policy covers a mortgagee's interest only, dis- r such final judicial determination, whereupon the loss charge of the mortgage, otherwise than through fore- ..,;;i hereunder shall be payable to the Insured on or before closure thereof, or by deed in lieu of foreclosure, shall L: ,a• thirty(30)days. - terminate this policy and all liability of the Company hereunder; but if any Insured acquires said land, or any The Company may at any time pay this policy in art thereof, b foreclosure or in any other legal manner full, whereu on all liability of the Company shall ter- , p Y p Y in satisfaction of said mortgage indebtedness,or any part • ; urinate. The total liability under this policy, exclusive of costs, shall in no case exceed the face of the policy, thereof, then this policy shall continue in force in favor and every payment of the Company shall reduce the of such Insured and,each successor in interest in owner- policy by the amount paid. When the Company shall ship, subject to all of the conditions and stipulations have paid a loss under this policy it shall be subrogated hereof applicable to an owner of land. to all rights and remedies which the Insured may have Nothing contained in this policy shall be construed against any person or property in respect of such claims, as an insurance against defects or incumbrances created ,.3 - or would have if this policy had not been issued, and subsequent to the date hereof.—'—° • I' y . r f PAGE 4 OF POLICY NO.li 'l4-635 . 3 3 II a h ,.w o. M •} .. i , r • , k a, A 1 jtl�i1 .fir The sketch below is made solely for the purpose of assisting in k tin said premises and the Company assumes C.0;1Y/. ,- n M liability for variations,if any,in dimensions and location ascertained by.a al survey. �'�:c Se cg . t t ihk - 1 to ti r ; y I, , l 3 r 1.� (d • u• t 4, ° tt b ■ A + r. pp t it { A 1. I j 1 1. • y) 9d el ri S it T „: P t { soL4Thif T1 'y I. • , 1.4)e sr o-c% (A)./Ye- ' . • i P. 1 0: t ' FO ttY .• '!„'tee '. ...:1-....w,+.....r.an.n.