2012-057341 — —
Washington County, Oregon 2012-057341
07/13/2012 03:34:40 PM
D -DW Cnt =1 Stn =22 I REED
$25.00 $5.00 $11.00 $15.00 - Total = $56.00
42°5 AFTER RECORDING RETURN TO:
City of Tigard 111111111 I II 11111111 II 111111111111
Attn: City Manager 01726320201200573410
City all I, Richard Hobernlcht, Director of Assessment and ,
y Taxation and Ex- Officio County Clerk for Washington
13125 SW Hall Blvd County, Oregon, do hereby cart! fy that the within
Instrument of writing was received a d re orded in the.a
Tigard OR 97223 book of records of said cou r a!
Richard Hobernlcht, Directo of Assessment and `44.2
Taxation, Ex Officio County Clerk
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
City of Tigard
Attn: City Manager, City Hall
13125 SW Hall Blvd
t , Tigard OR 97223
" V S This space is reserved for recorder's use.
STATUTORY WARRANTY DEED
Kelly Eiswerth, Grantor conveys and warrants to CITY OF TIGARD, an Oregon municipal
corporation, Grantee, the following described real property free of encumbrances except as
N specifically set forth herein:
See Exhibit A attached hereto.
The true consideration for this conveyance is Sixty -Five Thousand and no /100
($65,000.00). This conveyance is made subject to the matters set forth on Exhibit B attached
C5 hereto.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,
IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS
DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND
Page 1 Statutory Warranty Deed
50014 -35804 Statutory Warranty Deed dote \VAF /5/16'2012
195.305 TO 19.5.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2
TO 7, CHAPTER 8, OREGON LAWS 2010.
DATED this (Q day of oi34' , 20Q—
Kelly Eis erth
STATE OF •
) ss.
County of A,. , ) II
This instrument was acknowledged before me onj 1( 20 Q- , by
Kelly Eiswerth.
TANYA J. BUENNEMEYER
' 0 vE NF� '
NOTARY PUBLIC for the
s P r ° " " "' �', State of Montana I n e t
SEAL P s Reeldih at Great Falls MoMan. I 'J ,C✓
�1
r' '
My Eoriitnission Expires �N TAR f 'Li IC FOR ONOO`
May 12; zota My Co •ssio Expires: S-- ►'a -a Old
ACCEPTED:
GRANTEE
CITY OF TIGARD, an Oregon municipal corporation
By:
Name:
Its:
STATE OF OREGON )
) ss.
County of )
This instrument was acknowledged before me on , 20 , by
as of the City of Tigard, an Oregon
municipal corporation.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 2 Statutory Warranty Deed
500/1 - 36,401 Statutory Warranty Deed docsV'AF'5;16 /201
i . J
•
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,
SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2
TO 7, CHAPTER 8, OREGON LAWS 2010.
DATED this day of , 20_.
Kelly Eiswerth
STATE OF )
) ss.
County of )
This instrument was acknowledged before me on , 20 , by
Kelly Eiswerth.
NOTARY PUBLIC FOR
My Commission Expires:
ACCEPTED:
GRANTEE
CITY OF TIGARD, an Oregon municipal corporation
4 ' 41°-
Name: A.4 G r-1 L• W Me)
Its: Gi 1 Ma.,ta -
I �J
STATE OF OREGON )
) ss.
County of iki ( I I t`kL )
This instru was acknowledged before me on 1111A 13 , 201 by
1 �7t1>4- L . W ] Ne as e. IT/ Mii NflAEK ., of the City of Tigard, an Oregon
municipal corporation.
N . TARY PUBLIC FOR OREGON
OFFICIAL SEAL My Commission Expires: /O - /0` /
QREER A GA
NOTARY PUBLIC - OREGON
■,;,■ COMMISSION NO. 461407
MY COMMISSION EXPIRES OCTOBER 10, 2015
Page 2 Statutory Warranty Deed
50014-36804 Statutory Warranty Deed doc %'FAO/$ /16/2012
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described
as follows:
A TRACT OF LAND SITUATED WITHIN THE SOUTHEAST ONE - QUARTER OF SECTION 4,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE - QUARTER CORNER BETWEEN SECTION 4 AND SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN; AND RUNNING
THENCE TRACING THE SECTION LINE BETWEEN SAID SECTIONS 4 AND 9, SOUTH 89°
53' 30" EAST 262.86 FEET; THENCE LEAVING SAID SECTION LINE NORTH 0° 19' 06"
EAST 331.43 FEET TO THE EASTERLY PROJECTION OF THE SOUTH LINE OF
BENCHVIEW ESTATES, A DULY RECORDED SUBDIVISION PLAT RECORDED IN PLAT
BOOK 66, PAGE 39, WASHINGTON COUNTY PLAT RECORDS; THENCE WESTERLY
TRACING SAID EASTERLY PROJECTION AND THE SOUTH LINE OF SAID BENCHVIEW
ESTATES, NORTH 89° 53' 30" WEST 262.86 FEET TO THE SOUTHWEST CORNER
THEREOF; THENCE SOUTH 0° 19' 30" WEST 331.43 FEET TO THE POINT OF
BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
5001 -/ -96804 StaIutory Warranty Deed doc\'FAFfS /16/2012
J. !
Exhibit B
Statutory powers and assessments of Clean Water Services.
Easement, including terms and provisions contained therein:
Recording Information: December 10, 1997 as Fee No. 97115356
In Favor of: City of Tigard
For: Permanent sanitary sewer
50014 -36804 Slafuto,} Warranty
Deed.docxlFAF's
� t c
First American /
121 SW Morrison St Fl 3, G / S `Y'r,/ 4
Portland OR 97204
Washington 2 oz
H H I H H H H ifi U III H H H H
0 1 0 0 1 1 2 3 3 4 1 0 0 2 1 6 7 1 0*
Transmittal
7/18/2012
Order No: 1878511
City of Tigard
13125 SW Hall Blvd, Parks Manager -
City Hall
Tigard OR 97223
Enclosed please find 1 attached documents.
First American Title Company of
Oregon
Page Count 7
•
Form No. 1402.06 Policy No.: 7072 - 1878511
ALTA Owner's Policy (6- 17 -06)
1100302P050600
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company of Oregon
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS (c) the subdivision of land; or
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE (d) environmental protection
CONDITIONS, Title Insurance Company of Oregon dba FIRST if a notice, describing any part of the Land, is recorded in the
AMERICAN TITLE INSURANCE COMPANY OF OREGON (the Public Records setting forth the violation or intention to enforce,
"Company ") insures, as of Date of Policy and, to the extent stated in but only to the extent of the violation or enforcement referred to
Covered Risks 9 and 10, after Date of Policy, against loss or damage, in that notice.
not exceeding the Amount of Insurance, sustained or incurred by the 6. An enforcement action based on the exercise of a governmental
Insured by reason of: police power not covered by Covered Risk 5 if a notice of the
1. Title being vested other than as stated in Schedule A. enforcement action, describing any part of the Land, is recorded
2. Any defect in or lien or encumbrance on the Title. This Covered in the Public Records, but only to the extent of the enforcement
Risk includes but is not limited to insurance against loss from referred to in that notice.
(a) A defect in the Title caused by 7. The exercise of the rights of eminent domain if a notice of the
(i) forgery, fraud, undue influence, duress, incompetency, exercise, describing any part of the Land, is recorded in the
incapacity, or impersonation; Public Records.
(ii) failure of any person or Entity to have authorized a 8. Any taking by a governmental body that has occurred and is
transfer or conveyance; binding on the rights of a purchaser for value without Knowledge.
(iii) a document affecting Title not properly created, 9. Title being vested other than as stated in Schedule A or being
executed, witnessed, sealed, acknowledged, notarized, or defective
delivered; (a) as a result of the avoidance in whole or in part, or from a
(iv) failure to perform those acts necessary to create a court order providing an alternative remedy, of a transfer of
document by electronic means authorized by law; all or any part of the title to or any interest in the Land
(v) a document executed under a falsified, expired, or occurring prior to the transaction vesting Title as shown in
otherwise invalid power of attorney; Schedule A because that prior transfer constituted a
(vi) a document not properly filed, recorded, or indexed in fraudulent or preferential transfer under federal bankruptcy,
the Public Records including failure to perform those acts state insolvency, or similar creditors' rights laws; or
by electronic means authorized by law; or (b) because the instrument of transfer vesting Title as shown in
(vii) a defective judicial or administrative proceeding. Schedule A constitutes a preferential transfer under federal
(b) The lien of real estate taxes or assessments imposed on the bankruptcy, state insolvency, or similar creditors' rights laws
Title by a governmental authority due or payable, but unpaid. by reason of the failure of its recording in the Public Records
(c) Any encroachment, encumbrance, violation, variation, or (i) to be timely, or
adverse circumstance affecting the Title that would be (ii) to impart notice of its existence to a purchaser for value
disclosed by an accurate and complete land survey of the or to a judgment or lien creditor.
Land. The term "encroachment" includes encroachments of 10. Any defect in or lien or encumbrance on the Title or other matter
existing improvements located on the Land onto adjoining included in Covered Risks 1 through 9 that has been created or
land, and encroachments onto the Land of existing attached or has been filed or recorded in the Public Records
improvements located on adjoining land. subsequent to Date of Policy and prior to the recording of the
3. Unmarketable Title. deed or other instrument of transfer in the Public Records that
4. No right of access to and from the Land. vests Title as shown in Schedule A.
5. The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and The Company will also pay the costs, attorneys' fees, and expenses
zoning) restricting, regulating, prohibiting, or relating to incurred in defense of any matter insured against by this policy, but
(a) the occupancy, use, or enjoyment of the Land; only to the extent provided in the Conditions.
(b) the character, dimensions, or location of any improvement
erected on the Land;
Title Insurance Company of Oregon
dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
By: � ` o President
' •
Attest: / n �� Secretary
Form No. 1402.06 Policy Page 2
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
EXCLUSIONS FROM COVERAGE (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
The following matters are expressly excluded from the coverage of this policy, and and defenses as to any successor that the Company would have had
the Company will not pay loss or damage, costs, attorneys' fees, or expenses that against any predecessor Insured.
arise by reason of: (e) "Insured Claimant ": An Insured claiming loss or damage.
1. (a) Any law, ordinance, permit, or governmental regulation (including those (f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge
relating to building and zoning) restricting, regulating, prohibiting, or or notice that may be imputed to an Insured by reason of the Public
relating to Records or any other records that impart constructive notice of matters
(i) the occupancy, use, or enjoyment of the Land; affecting the Title.
(ii) the character, dimensions, or location of any improvement erected on (g) "Land ": The land described in Schedule A, and affixed improvements that
the Land; by law constitute real property. The term "Land" does not include any
(iii) the subdivision of land; or property beyond the lines of the area described in Schedule A, nor any
(iv) environmental protection; right, title, interest, estate, or easement in abutting streets, roads,
or the effect of any violation of these laws, ordinances, or governmental avenues, alleys, lanes, ways, or waterways, but this does not modify or
regulations. This Exclusion 1(a) does not modify or limit the coverage provided limit the extent that a right of access to and from the Land is insured by
under Covered Risk 5. this policy.
(b) Any governmental police power. This Exclusion 1(b) does not modify or (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
limit the coverage provided under Covered Risk 6. instrument, including one evidenced by electronic means authorized by
2. Rights of eminent domain. This Exclusion does not modify or limit the law.
coverage provided under Covered Risk 7 or 8. (i) "Public Records ": Records established under state statutes at Date of
3. Defects, liens, encumbrances, adverse claims, or other matters Policy for the purpose of imparting constructive notice of matters relating
(a) created, suffered, assumed, or agreed to by the Insured Claimant; to real property to purchasers for value and without Knowledge. With
(b) not Known to the Company, not recorded in the Public Records at Date of respect to Covered Risk 5(d), "Public Records" shall also include
Policy, but Known to the Insured Claimant and not disclosed in writing to environmental protection liens filed in the records of the clerk of the
the Company by the Insured Claimant prior to the date the Insured United States District Court for the district where the Land is located.
Claimant became an Insured under this policy; (j) "Title ": The estate or interest described in Schedule A.
(c) resulting in no loss or damage to the Insured Claimant; (k) "Unmarketable Title ": Title affected by an alleged or apparent matter that
(d) attaching or created subsequent to Date of Policy (however, this does not would permit a prospective purchaser or lessee of the Title or lender on
modify or limit the coverage provided under Covered Risks 9 and 10); or the Title to be released from the obligation to purchase, lease, or lend if
(e) resulting in loss or damage that would not have been sustained if the there is a contractual condition requiring the delivery of marketable title.
Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, 2. CONTINUATION OF INSURANCE
or similar creditors' rights laws, that the transaction vesting the Title as shown The coverage of this policy shall continue in force as of Date of Policy in favor
in Schedule A, is of an Insured, but only so long as the Insured retains an estate or interest in the
(a) a fraudulent conveyance or fraudulent transfer; or Land, or holds an obligation secured by a purchase money Mortgage given by a
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this purchaser from the Insured, or only so long as the Insured shall have liability by
policy. reason of warranties in any transfer or conveyance of the Title. This policy shall not
5. Any lien on the Title for real estate taxes or assessments imposed by continue in force in favor of any purchaser from the Insured of either (i) an estate
governmental authority and created or attaching between Date of Policy and or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage
the date of recording of the deed or other instrument of transfer in the Public given to the Insured.
Records that vests Title as shown in Schedule A.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
CONDITIONS The Insured shall notify the Company promptly in writing (i) in case of any
1. DEFINITION OF TERMS litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge
The following terms when used in this policy mean: shall come to an Insured hereunder of any claim of title or interest that is adverse
(a) "Amount of Insurance ": The amount stated in Schedule A, as may be to the Title, as insured, and that might cause loss or damage for which the
increased or decreased by endorsement to this policy, increased by Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is
Section 8(b), or decreased by Sections 10 and 11 of these Conditions. rejected as Unmarketable Title. If the Company is prejudiced by the failure of the
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A. Insured Claimant to provide prompt notice, the Company's liability to the Insured
(c) "Entity": A corporation, partnership, trust, limited liability company, or Claimant under the policy shall be reduced to the extent of the prejudice.
other similar legal entity.
(d) "Insured ": The Insured named in Schedule A. 4. PROOF OF LOSS
(i) The term "Insured" also includes In the event the Company is unable to determine the amount of loss or
(A) successors to the Title of the Insured by operation of law as damage, the Company may, at its option, require as a condition of payment that
distinguished from purchase, including heirs, devisees, survivors, the Insured Claimant furnish a signed proof of loss. The proof of loss must describe
personal representatives, or next of kin; the defect, lien, encumbrance, or other matter insured against by this policy that
(B) successors to an Insured by dissolution, merger, consolidation, constitutes the basis of loss or damage and shall state, to the extent possible, the
distribution, or reorganization; basis of calculating the amount of the loss or damage.
(C) successors to an Insured by its conversion to another kind of
Entity; 5. DEFENSE AND PROSECUTION OF ACTIONS
(D) a grantee of an Insured under a deed delivered without (a) Upon written request by the Insured, and subject to the options contained
payment of actual valuable consideration conveying the Title in Section 7 of these Conditions, the Company, at its own cost and without
(1) if the stock, shares, memberships, or other equity interests unreasonable delay, shall provide for the defense of an Insured in
of the grantee are wholly -owned by the named Insured, litigation in which any third party asserts a claim covered by this policy
(2) if the grantee wholly owns the named Insured, adverse to the Insured. This obligation is limited to only those stated
(3) if the grantee is wholly -owned by an affiliated Entity of the causes of action alleging matters insured against by this policy. The
named Insured, provided the affiliated Entity and the Company shall have the right to select counsel of its choice (subject to the
named Insured are both wholly -owned by the same person right of the Insured to object for reasonable cause) to represent the
or Entity, or Insured as to those stated causes of action. It shall not be liable for and
(4) if the grantee is a trustee or beneficiary of a trust created will not pay the fees of any other counsel. The Company will not pay any
by a written instrument established by the Insured named fees, costs, or expenses incurred by the Insured in the defense of those
in Schedule A for estate planning purposes. causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in
First American Title Insurance Company of Oregon
Form No. 1402.06 Policy Page 3
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
Section 7 of these Conditions, at its own cost, to institute and prosecute attorneys' fees, and expenses incurred by the Insured Claimant that were
any action or proceeding or to do any other act that in its opinion may be authorized by the Company up to the time of payment and that the
necessary or desirable to establish the Title, as insured, or to prevent or Company is obligated to pay.
reduce loss or damage to the Insured. The Company may take any Upon the exercise by the Company of either of the options provided for in
appropriate action under the terms of this policy, whether or not it shall subsections (b)(i) or (ii), the Company's obligations to the Insured under this
be liable to the Insured. The exercise of these rights shall not be an policy for the claimed loss or damage, other than the payments required to be
admission of liability or waiver of any provision of this policy. If the made, shall terminate, including any liability or obligation to defend, prosecute,
Company exercises its rights under this subsection, it must do so or continue any litigation.
diligently.
(c) Whenever the Company brings an action or asserts a defense as required 8. DETERMINATION AND EXTENT OF LIABILITY
or permitted by this policy, the Company may pursue the litigation to a This policy is a contract of indemnity against actual monetary loss or damage
final determination by a court of competent jurisdiction, and it expressly sustained or incurred by the Insured Claimant who has suffered loss or damage by
reserves the right, in its sole discretion, to appeal any adverse judgment reason of matters insured against by this policy.
or order. (a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) the Amount of Insurance; or
(a) In all cases where this policy permits or requires the Company to (ii) the difference between the value of the Title as insured and the value
prosecute or provide for the defense of any action or proceeding and any of the Title subject to the risk insured against by this policy.
appeals, the Insured shall secure to the Company the right to so (b) If the Company pursues its rights under Section 5 of these Conditions and
prosecute or provide defense in the action or proceeding, including the is unsuccessful in establishing the Title, as insured,
right to use, at its option, the name of the Insured for this purpose. (i) the Amount of Insurance shall be increased by 10 and
Whenever requested by the Company, the Insured, at the Company's (ii) the Insured Claimant shall have the right to have the loss or damage
expense, shall give the Company all reasonable aid (i) in securing determined either as of the date the claim was made by the Insured
evidence, obtaining witnesses, prosecuting or defending the action or Claimant or as of the date it is settled and paid.
proceeding, or effecting settlement, and (ii) in any other lawful act that in (c) In addition to the extent of liability under (a) and (b), the Company will
the opinion of the Company may be necessary or desirable to establish also pay those costs, attorneys' fees, and expenses incurred in accordance
the Title or any other matter as insured. If the Company is prejudiced by with Sections 5 and 7 of these Conditions.
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate, 9. LIMITATION OF LIABILITY
including any liability or obligation to defend, prosecute, or continue any (a) If the Company establishes the Title, or removes the alleged defect, lien,
litigation, with regard to the matter or matters requiring such or encumbrance, or cures the lack of a right of access to or from the
cooperation. Land, or cures the claim of Unmarketable Title, all as insured, in a
(b) The Company may reasonably require the Insured Claimant to submit to reasonably diligent manner by any method, including litigation and the
examination under oath by any authorized representative of the Company completion of any appeals, it shall have fully performed its obligations
and to produce for examination, inspection, and copying, at such with respect to that matter and shall not be liable for any loss or damage
reasonable times and places as may be designated by the authorized caused to the Insured.
representative of the Company, all records, in whatever medium (b) In the event of any litigation, including litigation by the Company or with
maintained, including books, ledgers, checks, memoranda, the Company's consent, the Company shall have no liability for loss or
correspondence, reports, e- mails, disks, tapes, and videos whether damage until there has been a final determination by a court of
bearing a date before or after Date of Policy, that reasonably pertain to competent jurisdiction, and disposition of all appeals, adverse to the Title,
the loss or damage. Further, if requested by any authorized as insured.
representative of the Company, the Insured Claimant shall grant its (c) The Company shall not be liable for loss or damage to the Insured for
permission, in writing, for any authorized representative of the Company liability voluntarily assumed by the Insured in settling any claim or suit
to examine, inspect, and copy all of these records in the custody or without the prior written consent of the Company.
control of a third party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant provided 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
to the Company pursuant to this Section shall not be disclosed to others LIABILITY
unless, in the reasonable judgment of the Company, it is necessary in the All payments under this policy, except payments made for costs, attorneys'
administration of the claim. Failure of the Insured Claimant to submit for fees, and expenses, shall reduce the Amount of Insurance by the amount of the
examination under oath, produce any reasonably requested information, payment.
or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or 11. LIABILITY NONCUMULATIVE
governmental regulation, shall terminate any liability of the Company The Amount of Insurance shall be reduced by any amount the Company pays
under this policy as to that claim. under any policy insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject, or which is executed
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION by an Insured after Date of Policy and which is a charge or lien on the Title, and
OF LIABILITY the amount so paid shall be deemed a payment to the Insured under this policy.
In case of a claim under this policy, the Company shall have the following
additional options: 12. PAYMENT OF LOSS
(a) To Pay or Tender Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely fixed in
To pay or tender payment of the Amount of Insurance under this policy accordance with these Conditions, the payment shall be made within 30 days.
together with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled and paid a claim under this
Upon the exercise by the Company of this option, all liability and policy, it shall be subrogated and entitled to the rights of the Insured
obligations of the Company to the Insured under this policy, other than to Claimant in the Title and all other rights and remedies in respect to the
make the payment required in this subsection, shall terminate, including claim that the Insured Claimant has against any person or property, to the
any liability or obligation to defend, prosecute, or continue any litigation. extent of the amount of any loss, costs, attorneys' fees, and expenses
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With paid by the Company. If requested by the Company, the Insured Claimant
the Insured Claimant. shall execute documents to evidence the transfer to the Company of these
(i) To pay or otherwise settle with other parties for or in the name of an rights and remedies. The Insured Claimant shall permit the Company to
Insured Claimant any claim insured against under this policy. In sue, compromise, or settle in the name of the Insured Claimant and to
addition, the Company will pay any costs, attorneys' fees, and use the name of the Insured Claimant in any transaction or litigation
expenses incurred by the Insured Claimant that were authorized by involving these rights and remedies.
the Company up to the time of payment and that the Company is If a payment on account of a claim does not fully cover the loss of the
obligated to pay; or Insured Claimant, the Company shall defer the exercise of its right to
(ii) To pay or otherwise settle with the Insured Claimant the loss or recover until after the Insured Claimant shall have recovered its loss.
damage provided for under this policy, together with any costs,
First American Title Insurance Company of Oregon
•
Form No. 1402.06 Policy Page 4
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
(b) The Company's right of subrogation includes the rights of the Insured to (d) Each endorsement to this policy issued at any time is made a part of this
indemnities, guaranties, other policies of insurance, or bonds, policy and is subject to all of its terms and provisions. Except as the
notwithstanding any terms or conditions contained in those instruments endorsement expressly states, it does not (i) modify any of the terms and
that address subrogation rights. provisions of the policy, (H) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy 16. SEVERABILITY
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of In the event any provision of this policy, in whole or in part, is held invalid or
the American Land Title Association ( "Rules "). Except as provided in the Rules, unenforceable under applicable law, the policy shall be deemed not to include that
there shall be no joinder or consolidation with claims or controversies of other provision or such part held to be invalid, but all other provisions shall remain in full
persons. Arbitrable matters may include, but are not limited to, any controversy or force and effect.
claim between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a policy 17. CHOICE OF LAW; FORUM
provision, or to any other controversy or claim arising out of the transaction giving (a) Choice of Law: The Insured acknowledges the Company has underwritten
rise to this policy. All arbitrable matters when the Amount of Insurance is the risks covered by this policy and determined the premium charged
$2,000,000 or less shall be arbitrated at the option of either the Company or the therefore in reliance upon the law affecting interests in real property and
Insured. All arbitrable matters when the Amount of Insurance is in excess of applicable to the interpretation, rights, remedies, or enforcement of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the policies of title insurance of the jurisdiction where the Land is located.
Insured. Arbitration pursuant to this policy and under the Rules shall be binding Therefore, the court or an arbitrator shall apply the law of the jurisdiction
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be where the Land is located to determine the validity of claims against the
entered in any court of competent jurisdiction. Title that are adverse to the Insured and to interpret and enforce the
terms of this policy. In neither case shall the court or arbitrator apply its
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT conflicts of law principles to determine the applicable law.
(a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any litigation or other proceeding brought by the
Company is the entire policy and contract between the Insured and the Insured against the Company must be filed only in a state or federal court
Company. In interpreting any provision of this policy, this policy shall be within the United States of America or its territories having appropriate
construed as a whole. jurisdiction.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this policy. 18. NOTICES, WHERE SENT
(c) Any amendment of or endorsement to this policy must be in writing and Any notice of claim and any other notice or statement in writing required to be
authenticated by an authorized person, or expressly incorporated by given to the Company under this policy must be given to the Company at 1 First
Schedule A of this policy. American Way, Santa Ana, CA 92707, Attn: Claims Department.
POLICY OF TITLE INSURANCE
A M E R
f
First American Title Insurance Company of Oregon
Form No. 1402.06 Policy Page 5
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
SCHEDULE A
First American Title Insurance Company of Oregon
Name and Address of Title Insurance Company:
First American Title Insurance Company of Oregon
1 First American Way
Santa Ana, CA 92707
File No.: 7072 - 1878511 Policy No.: 1878511
Address Reference: Map & Tax lot # 2S14DC- 05901, Tigard, OR 97224
Amount of Insurance: $65,000.00 Premium: $345.00
Date of Policy: July 13, 2012 at 3:34 p.m.
1. Name of Insured:
City of Tigard, an Oregon municipal corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
City of Tigard, an Oregon municipal corporation
4. The Land referred to in this policy is described as follows:
See Exhibit "A" attached hereto and made a part hereof
First American Title Insurance Company of Oregon
Form No. 1402.06 Policy Page 6
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
SCHEDULE B
File No. 7072 - 1878511 Policy No. 1878511
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
This exception ( #5) is hereby waived without additional cost in accordance with the provisions of
the Oregon Title Insurance Rating Manual provision 5.001 A 5 PROVIDED a Lender has been
issued a simultaneous title insurance policy on the subject property and to the extent this
exception has been eliminated or modified on said Lender's policy.
6. Taxes for the fiscal year 2012 -2013 a lien due, but not yet payable.
7. Statutory powers and assessments of Clean Water Services.
8. Easement, including terms and provisions contained therein:
Recording Information: December 10, 1997 as Fee No. 97115356
In Favor of: City of Tigard
For: Permanent sanitary sewer
First American Title Insurance Company of Oregon
a
Form No. 1402.06 Policy Page 7
ALTA Owner's Policy (6- 17 -06) Policy Number: 1878511
•
EXHIBIT "A"
File No.: 7072 - 1878511 Policy No.: 1878511
Real property in the City of Tigard, County of Washington, State of Oregon, described as follows:
A TRACT OF LAND SITUATED WITHIN THE SOUTHEAST ONE - QUARTER OF SECTION 4, TOWNSHIP 2
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE- QUARTER CORNER BETWEEN SECTION 4 AND SECTION 9, TOWNSHIP 2
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN; AND RUNNING THENCE TRACING THE
SECTION LINE BETWEEN SAID SECTIONS 4 AND 9, SOUTH 89 53' 30" EAST 262.86 FEET; THENCE
LEAVING SAID SECTION LINE NORTH 0 19' 06" EAST 331.43 FEET TO THE EASTERLY PROJECTION OF
THE SOUTH LINE OF BENCHVIEW ESTATES, A DULY RECORDED SUBDIVISION PLAT RECORDED IN
PLAT BOOK 66, PAGE 39, WASHINGTON COUNTY PLAT RECORDS; THENCE WESTERLY TRACING SAID
EASTERLY PROJECTION AND THE SOUTH LINE OF SAID BENCHVIEW ESTATES, NORTH 89 53' 30" •
WEST 262.86 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 0 19' 30" WEST 331.43
FEET TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
APN: R2003384
First American Title Insurance Company of Oregon