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2012-076036 r citr- WFG National Title Insurance Company a Williston Financial Group company September 14, 2012 City of Tigard Attn: Steve Martin 13125 SW Hall Blvd Tigard, OR 97223 RE: Order Number: 11003172 Property: 2S1W01-200 Seller: Fred Fields Trust Buyer: Metro/City of Tigard Dear Steve: In connection with the above escrow, we enclose the following: • Original Final Closing Statement • Copy of Recorded Death Certificate • Copy of Recorded Warranty Deed • Copy of Metro Instructions • Copy of Certification of Non-Foreign Status • Copy of Buyer's Estimated Settlement Statement • Copy of Read and Approved Warranty Deed • Copy of Read and Approved Preliminary Title Report • Thumb Drive with complete PDF Closing Binder Please contact me if you would like hard copies of any of the closing documents or need any additional information or have any questions. Thank you. Sincerely Tev ne Y Trevor Cheyne AVP/Manager Commercial Division/Sr. Escrow Officer WFG National Title Insurance Company 25 NW 23rd Place Suite 1 Portland, OR 97210 tcheyne@wfgnationaltitle.com P(503) 219-9088 I F(503) 477-6476 WFG National Title Insurance Company a Williston Financial Group company AVP/Manager Commercial Division/Sr. Escrow Officer Enclosure Trevor Cheyne AVP/Manager Commercial Division/Sr. Escrow Officer WFG National Title Insurance Company 25 NW 23rd Place Suite 1 Portland, OR 97210 tcheyne@wfgnationaltitle.com P (503) 219-9088 I F(503) 477-6476 PURCHASER'S FINAL SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 ' Sale From: WILLIAM R.TAGMYER,Trustee of THE FRED To: Metro,an Oregon Municipal Corporation W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland, OR 97232 Lake Oswego, OR 97034 City of Tigard, an Oregon municipal corporation 13125 SW Hall Blvd. Tigard,OR 97233 Property: 2S1 W01 - 1200 Tigard,OR 97223 Purchase Price $5,150,000.00 Plus: Charges Refund of unused closing costs to Metro $49.10 Escrow/Closing Fees to WFG National Title Insurance Company $578.50 1/2 of Escrow Fee $459.00 1/2 of Courier/Delivery Fee $12.50 Record Memo of Option2012-052747 $46.00 Record Statutory Warranty Deed $61.00 Total Charges $627.60 Gross Amount Due By Purchaser $5,150,627.60 Less: Credits 2012-13 Tax Proration-7/1 to 9/13 ($47.59 per day) $3,521.66 Earnest Money $50,000.00 Funds for closing from City of Tigard $2,000,000.00 Accrued Interest in Deposit-TBD from Metro $21.10 Total Credits $2,053,542.76 Balance Due by Purchaser S3.097.084.84 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds,if applicable,in the amount shown above and a receipt of a copy of this Statement WFG National Title Insurance Company By _41141121.111 Treys P a•'tee Printed at: 09/13/2012(03:00 pm) Compliments of WFG National Title Insurance Company Washington County,Oregon 2012-076035 D-DC 09113/2012 08:43:08 AM Stn=4 A STROM $10.00$11.00$5.00$15.00 $41.00 I,Richard Hobernlcht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County.Oregon.do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio tio— Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 ,,,.,-„,,,,,,14,,,,,r, ` : �v. '� ' ,, . 1 ^ ' r , r'' - ' •' - • �¢, , tLJi.' ' ' . Yt Yur . ' ! W € 4 a ,'A CERTIFICATION bF VITAL RIA OItD'� 4, 7` �1, -' a�, ,�� Il �'`�i. Y .g.•. .-,,..7----11.,',.t .2w••g,Pn"^•b M .( 14 Uo•^••. 4^,*..:- a- ?fr^''�'^C ff' �.I • .c- a`- --;1.,...1,-, �'+• .rd .i+?Y r`;0 - COUNTY P7'1 01�- IVERSIDE `43.-..T-ti zj• RIVERSIOET;¢ALIFORNIA : L'' . '•! • Washington County,Oregon 2012-076036 D-D Stn=4 A STROM 09/13/2012 08:43:08 AM tn After recording, return to: $30.00$11.00$5.00$15.00 $61.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex. Officio County Clerk for Washington County,Oregon,do hereby AshleyMcCarron certify that the within instrument of writing was received and recorded in the book of records of said county. Office of Metro Attorney Richard Hobernicht,Director of 600 N.E. Grand Avenue Assessment and Taxation,Ex-Officio Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 2 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living A Trust under Revocable Living Trust Agreement dated February 17, 2009, (+ Grantor, conveys and warrants to Metro, an Oregon municipal corporation, c� Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon 0 municipal corporation, Grantee, an undivided 39% interest (as tenants in o common) the real property in the City of Tigard, Washington County, Oregon, ¶ commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except cz those listed on attached Exhibit B. 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 ii, CHAPTER 424, OREGON LAWS 2007, AND 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 -1- PDXDOCS:1975003.1 AND IF�' SOWNERS, I ANY,NERS,ECT/ONS 2 p195300, 1ThetO� Ap ER 8 CCHAPTER 42 AND ot 295.3o5 95 OREGON 1455, O G LA W 5 Tp ONS ON true consideration O 195.q36 atio I1rS 20 .G" G N AWS 20 Dated as nor this conveyance 2009, A1ND °f is$5,150 000. D 6(_2/2 , 2W William - °12. of the R. under Rred W. Fields' Trustee evocable Livia Trust cable Livin Agreement dated February 27, 2009 State o fOregon ) coonty of Multnon ) yah ss. The Rev able Li reg2p�2instrunlent�, �' 2009• ung Trust under Rev RsTaknOh'ledged Revo�b1e Lm�ng Trust tee of me°n Mary P'li• ail., / rust Agreenlen dad h'• Fields Resitommiss/i�o,�n e Oregon' - A ed February ng at• ► i 1 �xplres� �,7 (003001C i ` ��u NOTFNAI yoproN SE+c cD gRVppetic PARKER MYCpMM/SS pNEXP R SO.591 9 R OS 2018 -2- PDXDOCS.1975003 1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861,Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes,a lien but not yet payable. -4- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: 1 yt Name: I'nIlAr ill Z. 3en �F, CIA; Operptiol OF Ler • OFFICAL SEAL KAREN IM STARIN NOTARY PUBUC-OREGON (i State of OREGON �)/ �; COMMISSION NO.451569 01. MY COMMISSION EXPIRES SEPTEMBER 29,2014 11 County of MULTNOMAH This instrument was acknowledged before me on SSP . 7 , 20 12-- , by 1M 0k-{'liAA ge nne-1f as CLie‘1 Q(eroJ 1 o 1 aer of Metro. 1,0 Notary Public- State of Oregon -5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard,an Oregon municipal corporation. CITY OF TIGARD By: r Name: Ma rM a l_. W I yl2 State of OREGON County of kl SA/14)--- This instrument was acknowledge before me on /,-(-724 /0 ,20 /Z, by -7/441-111 f - /,./%Gl as lj Ma//4 Yaf the City of Tigard. U Notary 'ublic- State of II regon / , OFFICIAL BEAT. • CAROLAKRAGER 7: NOTARY PUBUC-OREGON 'ti COMMISSION NO.443025 MY COMMi_S81ON EXPIRES FEBRUARY 23,2014 - 1 _6 PDXDOCS'1975003.1 { 600 NE Grand Ave. www.oregonmetro.gov Portland, OR 97232-2736 503-797-1792 fax Ashley H.McCarron Senior Attorney Telephone: (503)813-7522 '.N1 Metro J o ffIce of Metro Attorney ashley.mccarron@oregonmetro.gov ESCROW INSTRUCTIONS September 6, 2012 Trevor Cheyne WFG National Title Insurance Company 25 NW 23`d Place, Suite 1 Portland, Oregon 97210 Re: Fields Trust to Metro and the City of Tigard (Metro File Number 16.009) No Site Address,Tigard, Washington County 251W0101200 Order Number 12003172 Mr. Cheyne: Metro, an Oregon municipal corporation, and the City of Tigard, an Oregon municipal corporation, (hereafter, "Metro"and the "City"), requests your assistance with the closing of the purchase of real property in the County of Washington, State of Oregon (the "Property"), more particularly described in WFG National Title Insurance Company's Third Supplemental Preliminary Title Report, #12003172, effective July 11, 2012 (the "Title Report")from William R.Tagmyer,trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Seller"). 1) Documents Delivered by Metro and The City Enclosed are the following documents: a) A copy of the Statutory Warranty Deed from Seller to Metro and the City (the "Deed"), acknowledged and approved by Metro and the City and original forms of Conveyance Acceptance, executed by Metro and the City, to be attached to, and recorded with the Deed; b) A copy of the Buyer's Estimated Settlement Statement, executed by Metro and the City(the "Settlement Statement"); c) The Title Report, approved by Metro and the City; and d) A copy of Metro Council Resolution Number No. 07-3837, adopted: September 6, 2007, authorizing the acquisition of the Property and a copy of Metro Council Resolution Number 11-4289,dated September 8, 2011, appointing Martha J. Bennett as Metro's Chief Operating Officer; and e) A copy of City of Tigard Resolution No. 12-30, authorizing the acquisition of the Property. September 6, 2012 Page 2 2) Documents and Items Delivered by Seller Prior to closing, you shall receive under separate cover from Seller the following documents: a) The Deed, executed by Seller and notarized, in the form acknowledged and approved by Metro and the City, as described above; and b) Any other documents as may be required of Seller by Title Company to close this transaction and issue the title policy referenced in Section 4(a) below. 3) Funds Closing Costs. In accordance with the Settlement Statement, escrow fees shall be paid one-half by Seller and one-half by Metro. Seller shall pay the premium for the title insurance policy and for all conveyance or excise taxes payable by reason of the purchase and sale of the Property. Metro shall pay the fee for recording the Deed. Metro shall pay the fee, if any,to "buy-back" the Deed from the Washington County Recorder. a) Prorations. All real property taxes and assessments payable, if any,with respect to the tax year in which closing occurs shall be prorated between Seller and Metro as of the closing date, based upon the 2011-2012 tax amount. b) Wire. On or before closing, Metro and the City of Tigard will wire funds to escrow in accordance with the Settlement Statement. The City will wire $2,000,000. Funds deposited by Metro, in addition to the City's$2,000,000 deposit, will total the purchase price of $5,150,000, plus costs, less Metro's$50,000 earnest money deposit, previously deposited by Metro into escrow on July 28, 2012. 4) Conditions Precedent to Closing a) You shall be prepared, pursuant to the Title Report,to issue a standard owner's title insurance policy immediately upon closing in the amount of Five Million One Hundred Fifty Thousand Dollars($5,150,000) insuring fee simple title to the Property vested of record in Metro, an Oregon municipal corporation, and the City of Tigard, an Oregon municipal corporation, as tenants in common, subject to no encumbrances, liens or exceptions except those matters shown in the Title Report as exceptions numbered 1-5 and special exceptions numbered 7-12 and 18. Metro will not accept title or the issuance of the title insurance policy subject to special exceptions numbered 6 and 13-17 or any new exceptions showing after the date of the Title Report. b) Prior to closing, title is to be brought down to date and the final policy is to insure title as of the date of recordation; c) You have received all documents referred to in sections 1 and 2, above; d) All conditions set forth in this section 4 have been satisfied; and September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred, you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland, OR 97232, Attn: Karen M. Starin: the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company, the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503) 797-1557. Sincerely, :tro City of Tigard Ashley H. 'Carron By: Senior Metro Attorney Its: September 6,2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above,and have fully complied with the conditions stated,and each of said conditions has fully and completely occurred,you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller,and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow,please deliver the following to Metro,Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland,OR 97232,Attn: Karen M.Starin: the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions;and the original title insurance policy referred to above. Please note that any refund check should be payable to"Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company,the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at(503)797-1557. Sincerely, =tro City of Tigard Ashley H. ' Carron By: Senior Metro Attorney Its: C.i Tf M A'7J A-G r September 6, 2012 Page 4 We have received the original of these instructions and agree to act in strict accordance with these instructions. WFG National Title nce Corn any By: Name: ` C'vet/ �1 �� Title: �ir 6.504.1./ Gi .✓ Date: q//°/l�lr( )— CFCs National Title Insurance Company Nilli.Yin plc l'n.wp cmn{+nY Certification of Non-Foreign Status Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. Real Property interest by Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity, as defined in Treas. Req. § 1.445-2(b)(2)(iii); 3. Transferor's U.S Employer identification number is 45-6647760; and 4. Transferor's office address is 1800 Headlee Lane Lake Oswego, OR 97034. The undersigned understands that this certification may be disclosed to the Internal revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete and I further declare that I have authority to sign this document on behalf of Transferor. `i! .,rept Executed this`7 day of.3y, 2012. FRED FIELDS REVOCABLE LIVING TRUST under Revocable Livingrust rement dated February 17, 2009 By: William R. Tagmyer Its: Trustee OR FIRPTA Entity • PURCHASER'S ESTIMATED SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 Sale From: WILLIAM R.TAGMYER,Trustee of THE FRED To: Metro,an Oregon Municipal Corporation W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland,OR 97232 Lake Oswego,OR 97034 City of Tigard,an Oregon municipal corporation 13125 SW Hall Blvd. Tigard,OR 97233 Property: 2S I WO 1 - 1200 Tigard,OR 97223 Purchase Price _...____.___.._._....___.. _..__._..._....__.. _....____.._ _ __ $5,150,000.00 Plus: Charges Escrow/Closing Fees to WFG National Title Insurance Company_.._._.....__......___..._. _.. .__.__._ $624.50 1/2 of Escrow Fee ___ ___.._ _____ ..__ w.._..._._...._..._..._ _ _ $500.00 1/2 of Courier/Delivery Fee _..__.._..._._.. • _......___..._ ....._.$12.50 Record Memo of Option2012-052747..._.....__.__._ _.._ ___ _ _...._.........._......._......__...._._ $46.00 Record Statutory Warranty Deed-EST...._.__.- _..._:.._ __ ___ $66.00 Total Charges __._ _....._...._ _..._ $624.50 Gross Amount Due By Purchaser _...._..__.._ _......_...__ $5,150,624.50 Less: Credits 2012-13 Tax Proration-7/1 to 9/13($47.59 per day)....___... _. __..____•.____._.._ ___...._ ___.___ __._..$3,521.66 Earnest Money...... ..___....__ _.---.._ ....____—.___..__ ____—__ _..__ __--...-__._ ___. .__.__ $50,000.00 Funds for closing from City of Tigard-._ _ _.____._..__..___... __._.....__..__........_..__.____..____..____._ _..$2,000,000.00 Accrued Interest in Deposit-TBD from Metro.___._.....__._— _..._.. ____._.__..._ ...:_._...___..____...__.._..__ $18.00 Total Credits _ ____._ .____. $2,053,539.66 Balance Due by Purchaser ___..._ _ __ ..._.__..___..._ __..__ $3.097.084.84 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds,if applicable,in the amount shown above and a receipt of a copy of this Statement Printed at: 09/06/2012(11:00 am) Compliments of WFG National Title Insurance Company USEVIElli WFG National Title Insurance Company Metro,an Or-:•n municipal corpoartion ` / By ✓ _..A / r � Trev• he . . ow'/11 ft 0 flA 1 Q G . ts: c_ p O City of Tigard,an Oregon municipal corporation By: Its: WFG National Title Insurance Company Metro,an Oregon municipal corpoartion By Trevor Cheyne By: Its: City of Tigard,an Oregon municipal corporation Y-4/ By: Its: C iT y �rL-- After recording, return to: Ashley McCarron Office of Metro Attorney 600 N.E. Grand Avenue oved Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided .61% interest, and to the City of Tigard, an Oregon municipal corporation, Grantee, an undivided 39% interest (as tenants in common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except those listed on attached Exhibit B. 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, AND 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 -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO ii, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of ,..k40 , 2012. (- /2c �, u-!/L/ r William R.Tagmyer, Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 • State of Oregon ) ) ss. County of Multnomah ) The regoing instrument was acknowledged before me on 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Rev ble Living Trust under Revocable Living Trust Agreement dated February 17, 2009. fT� OFFICIAL SEAL `4 HELEN ANNE PARKER N ary Pu 11CclinTh-t--)CLA-Ril—N or Oregon ' NOTARY PUBLIC OREGON My commission expires: Q 7- - I �t�;� COMMISSION NO.469149 Residing at: T\l U 1., (',Q MY COMMISSION EXPIRES JULY 05,2016 1 �f\ -2- PDXDOCS:1975003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes,a lien but not yet payable. -4- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO Bcc4V/4Cy: Name: mnrilia T. Benne N' Chre. OPeept-1 OF-A C-ef f:. OFFICIAL SEAL f I ... ., f r. •• "_ KAREN M STARIN NOTARY PUBLIC-OREGON ) State of OREGON r �r1l COMMISSION NO.451569 9I1MY COMMISSION EXPIRES SEPTEMBER 29,2014 () County of MULTNOMAH This instrument was acknowledged before me on S1f )4- . / , 20 I2.— , by 0k a-r ' IT Ce r n e`ff-- as C L e O e rA>l`n O cel of Metro. 6....,...,4 k-----i;:?....---,... Notary Public - State of Oregon -5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By: Name: State of OREGON County of This instrument was acknowledged before me on ,20 by as of the City of Tigard. Notary Public - State of Oregon -6 PDXDOCS.1975003.1 4 ' d ' d)A s ved ��..A `;� aad and oved WFG National Title Insurance Company s 4Villivrm Mends!Omup cwnpany Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1W01 -1200 Tigard,OR 97223 Seller: Fred Fields Living Trust Buyer Metro,an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing In the policy form and subject to the exceptions shown on Schedule B. This report Is preliminary to the issuance of a policy of title insurance Issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 $ ved kead and Approved WFG National Title Insurance Company a Willson Financial°map nanapanly Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1W01 -1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro,an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on July 11, 2012 2. The policies and endorsements to be insured and the related charges are: F Policy/Endorsement Description . Liability Charge $5,150,000.001 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of In Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, Including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: ForAnchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects ▪ a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded • April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: ForPermanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For • Sewer Granted to • Unified Sewerage Agency of Washington County Recorded • July 18, 1995 Recording No. 95049211 Affects ▪ A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: ForUtilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects • Appurtenant easement Insured herein 13. Memorandum of Option, including the terms and provisions thereof: RegardingPurchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the Insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18. 2012-2013 taxes, a lien not yet payable. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2511-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction, b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon Imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap Issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023'West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043'West 1349.96 feet (not South 89°23'West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfghationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is made and entered into as of the last date of signature indicated below(the"Effective Date"), by and between William R.Tagmyer, trustee of the Fred W.Fields Revocable Living Trust("Seller"),and Metro, an Oregon municipal corporation("Purchaser"). RECITALS A. Seller is the owner of approximately 25 acres of real property,together with all the improvements thereon and all rights appurtenant thereto(including but not limited to access rights,timber rights,water rights, grazing rights,development rights and mineral rights), located in the City of Tigard,County of Washington, State of Oregon,commonly known as Tax Parcel 1200(R0456081) in Section I of Township 2 South, Range 1 West of the Willamette Meridian,and more particularly described on the attached Exhibit A(the"Property"). B. Purchaser desires to purchase from Seller,and Seller desires to sell and convey to Purchaser, all right, title and interest in the Property. • C. The terms of this Agreement are as follows: • TERMS I. Purchase and Sale. Seller agrees to sell and convey to Purchaser,and Purchaser agrees to purchase from Seller,the Property upon the terms and conditions set forth below in this Agreement. 2. Purchase Price. The Purchase Price for the Property is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS($5,150,000). 2.1. Earnest Money. Within ten(10)days after execution of both this Agreement and the Memorandum described in Section 21.1,Purchaser shall deposit into escrow with WFG National Title Insurance Company(the"Title Company")the sum of$50,000.00(the"Earnest Money"), If the Earnest Money is retained by Seller, Seller will receive any interest earned thereon. If the Earnest Money is retained by Purchaser,Purchaser will receive the interest earned thereon. The term"Earnest Money" shall include all interest earned thereon. At Closing,the Earnest Money will be credited toward payment of the Purchase Price. 2.2. Balance of Purchase Price. On or before the Closing Date(as hereafter defined),Purchaser shall deposit into escrow with the Title Company the balance of the Purchase Price. 2.3. Just Compensation. The parties acknowledge that the Purchase Price is equal to the fair market value of the Property,as determined by an independent MAI appraisal subject to no extraordinary assumptions and based on the highest and best use of the Property(the"Appraisal"). The appraiser,in determining the market value, took into account the access issues discussed in Section 9 of this Agreement. The Appraisal was paid for by Purchaser and completed in accordance with current Uniform Standards of Professional Appraisal Practice,with the Oregon Department of Transportation's Guide to Appraising Real Property, and with generally accepted appraisal standards. Seller has received and reviewed a copy of the completed Appraisal from Purchaser. Seller acknowledges that it was given a forty-day period to object to the analysis and opinion of value included in such Appraisal, By execution. of this Agreement, Seller hereby approves of the Appraisal, agrees that the Purchase Price is just compensation for the sale of the Property to Purchaser,and documents its desire to willingly proceed with the Closing of the transaction contemplated herein. Page 1 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 3. CIosing Date. This transaction shall close no later than ninety(90)days after the Effective Date of this Agreement,or on such other date that the parties agree upon in writing(the"Closing Date"or "Closing"). Closing will occur at the office of WFG National Title Insurance Company, located at 25 NW 23` Place, Suite 1,Portland, Oregon,97210. 4. Purchaser's Title Review. 4.1. Title Report;Unacceptable Exceptions. Seller has provided Purchaser with a preliminary title report on the Property from the Title Company,along with legible copies of all plats and exceptions documents referenced in such report(the"Title Report"). Purchaser will have thirty(30)days following the Effective Date to review the Title Report and give Seller written notice of the exceptions listed in the Title Report that are unacceptable to Purchaser(the"Unacceptable Exceptions"). Mortgages, delinquent taxes,or other financial obligations secured by the Property are automatically deemed Unacceptable Exceptions. If Purchaser notifies Seller of any Unacceptable Exceptions, Seller will thereafter have ten (10)days to give Purchaser written notice that Seller will remove the Unacceptable Exceptions from title to the Property at or prior to Closing(at Seller's sole cost and expense)or that Seller will not remove the Unacceptable Exceptions. Seller's failure to deliver such notice shall be deemed to mean that Seller will remove the Unacceptable Exceptions, If Seller elects not to remove any of the Unacceptable Exceptions and Purchaser is not then satisfied with the condition of title,Purchaser may elect to terminate this Agreement by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser by the Title Company. 4.2. Failure to Deliver Clean Title at Closing. If Seller fails to eliminate any Unacceptable Exception by the Closing Date,then Purchaser may,without limiting any of its otherwise available remedies, elect to either(a)accept title to the Property subject to such exceptions,(b)refuse to accept the Property and terminate this Agreement, in which case the Earnest Money shall be refunded to Purchaser by the Title Company, or(c)extend the Closing Date for a period of thirty(30) days to provide Seller with additional time to remove such exceptions. If Purchaser elects option(c)and at the end of the 30- day period such exceptions have not been removed,Purchaser may then elect to proceed in accordance with either option(a)or(b) described above. To the extent that an Unacceptable Exception is a monetary lien or financial obligation secured by the Property, the Title Company is hereby directed to pay off such lien or obligation to the extent that it can be satisfied by application of all or a portion of the Purchase Price delivered into escrow by Purchaser at Closing. 4.3. Permitted Exceptions. All exceptions other than the Unacceptable Exceptions shall be deemed acceptable to Purchaser(the"Permitted Exceptions"); provided,however,that in no event will mortgages, delinquent taxes,or other financial obligations secured by the Property be deemed Permitted Exceptions. Should the Title-Company inform Purchaser of any new title exceptions not appearing on the initial Title Report, such new exceptions shall be deemed Unacceptable Exceptions, unless specifically accepted in writing by Purchaser. 5. Purchaser's Due Diligence and Inspections. 5.1. Seller's Delivery of Documents. Within ten (10)days after the Effective Date, Seller shall deliver to Purchaser any and all material information and documentation in Seller's possession or control pertaining to the Property(the"Due Diligence Documents"). The Due Diligence Documents include (without limitation)copies of(a)all environmental data, studies, analyses,and reports relating to the Property or any neighboring property, (b)any existing survey of the Property,(c)any existing leases, boundary agreements,road maintenance agreements,or other contracts relating to all or a portion of the Property, (d) all topographical, geotechnical,wetlands,soils, and groundwater reports,or any other professional reports relating to the Property, (e)any well logs or water right certificates or permits relating to the Property,and (f)copies of any government permits, land use approvals or conditions, or zoning restrictions affecting the Property. If Seller is aware of the existence of any material information Page 2 Purchase and Safe Agreement--Fred W.Fields Revocable Living Trust or documentation pertaining to the Property that is not in Seller's possession or control, Seller shall notify Purchaser of the existence of such information within ten(10) days after the Effective Date or two(2) business days after learning of such information. .Should Seller fail to timely provide Purchaser with any Due Diligence Documents, Purchaser may, at Purchaser's sole discretion,extend the Closing Date for a period not to exceed twenty(20)days so that Purchaser may have adequate time to review such additional documentation. 5,2. Property and Environmental Inspections. Purchaser and its agents, including but not limited to consultants,surveyors, engineers,home inspectors, appraisers, and other professionals hired by Purchaser,shall have the right to access the Property to conduct environmental studies(including Phase I and Phase II Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing,and any other due diligence Purchaser deems necessary or desirable. Seller shall cooperate with Purchaser in making such inspections. Purchaser and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys,analyses, studies, appraisals, and other due diligence that Purchaser deems necessary or desirable. Any area disturbed by Purchaser's inspections shall be restored by Purchaser,at Purchaser's sole costs and expense,to substantially its pre-inspection condition. 6. Conditions Precedent to Closing. 6.1. Conditions Precedent to Purchaser's Obligations. In addition to any other conditions contained in this Agreement,the conditions set forth in this Section 6.1 are conditions precedent to Purchaser's obligation to complete the transaction provided for in this Agreement, and must be satisfied or waived in writing prior to Purchaser's obligation to acquire the Property. These conditions are intended solely for Purchaser's benefit and Purchaser has the sole right and discretion to waive,by written notice,any of the conditions. In the event any condition is not satisfied or waived on or before Closing,Purchaser will have the right to terminate this Agreement, in which event the Earnest Money shall promptly be returned to Purchaser by the Title Company. 6.1.1. Due Diligence and Inspection Results. Purchaser must be satisfied, in its sole and absolute discretion,with its review of the Due Diligence Documents,the Property,and the results of Purchaser's inspections of the Property conducted under Section 5.2 above. If Purchaser gives notice to Seller prior to the Closing Date that Purchaser is not satisfied with the Property due to the results of its due diligence and inspections under Section 5,the Closing Date will be automatically extended for a period of up to thirty(30)days so that Seller and Purchaser may address such results. If at the end of the 30-day period,Purchaser and Seller have not reached an agreement regarding the issues disclosed as a result of such due diligence and inspections,then this Agreement will automatically terminate and the Earnest Money shall be refunded to Purchaser. 6,1,2. Title. At Closing(a) Seller shall convey fee simple title to the Property to Purchaser in accordance with Section 7.1.1, and (b) Seller shall have caused the Title Company to be committed to issue to Purchaser the Title Policy described below in Section 9. 6.1.3. City of Tigard Funding Contribution. Closing is conditioned upon Purchaser receiving purchase funds from the City of Tigard in the amount of$2,000,000. This condition must be satisfied or waived by Purchaser in writing no later than August I,2012. If Purchaser does not notify Seller that this condition has been satisfied or waived on or before August 1,2012,then Purchaser shall be deemed to have terminated this Agreement and the Title Company shall return the Earnest Money to Purchaser. 6.1.4. Representations. Warranties,and Covenants of Seller. Seller shall have performed all of its obligations hereunder,and Seller's representations and warranties set forth in this Agreement shall be true, complete and correct as of the Effective Date and as of the Closing Date. Page 3 Purchase and Sate Agreement—Fred W. Fields Revocable Living Trust 6.1.5. No Material Changes. At Closing, there shall have been no material adverse changes related to or connected with the Property. 1 ' 6.1.6. Seller's Deliveries. Seller shall have timely delivered each item to be delivered by Seller pursuant to this Agreement,including(without limitation)the documents and materials described below in Section 7.1. 6.1.7. Removal of Personal Property and Debris. Prior to Closing, Seller shall have removed or have caused to be removed from the Property,at Seller's sole cost and expense,any and all personal property and/or trash,rubbish,debris, illegally dumped materials or illegal fill materials, 6.2. Conditions Precedent to Seller's Obligations. CIosing and Seller's obligations with respect to the transactions contemplated by this Agreement are subject to Purchaser's delivery to the Title Company on or before the Closing Date of(i)the Purchase Price and(ii)the documents and materials described below in Section 7.2. 6.3. Cancellation Fees and Expenses. In the event the escrow terminates because of the failure of any condition for a reason other than the default of Seller under this Agreement, Purchaser shall pay the cancellation charges required to be paid to the Title Company. In the event this escrow terminates because of Seller's default, Seller shall pay the cancellation charges required to be paid to the Title Company. 7. Deliveries to the Title Company. 7.1. By Seller. On or before the Closing Date, Seller shall deliver the following into escrow with the Title Company: 711. Deed, A Statutory Warranty Deed(the"Deed"),duly executed and acknowledged in recordable form by Seller, conveying the Property to Purchaser free and clear of all liens and encumbrances except the Permitted Exceptions accepted by Purchaser pursuant to Section 4 above. The Title Company's usual,preprinted exceptions(typically listed as general exceptions 1 through 5 on the Title Report)shall not be listed as exceptions on the Deed. 7.1.2, Proof of Authority. Such proof of Seller's authority to enter into this Agreement and consummate the transaction contemplated hereunder,as may be reasonably required by the Title Company and/or Purchaser. 7.1.3. Lien Affidavits. Any lien affidavits or mechanic's lien indemnifications as may be reasonably requested by the Title Company in order to issue the Title Policy. 7.1.4. Other Documents. Such other fully executed documents and funds as are required of Seller to close the sale in accordance with this Agreement, including(without limitation)escrow instructions. 7.2. By Purchaser. On or before the Closing Date,Purchaser shall deliver the following into escrow with the Title Company.. 7,2.1. Purchase Price. The Purchase Price, in accordance with Section 2 above. 7.2.2. Proof of Authority. Such proof of Purchaser's authority to enter into this Agreement and consummate the transaction contemplated hereunder,as may be reasonably required by the Title Company and/or Seller. 7,2.3. Deed. An executed and acknowledged acceptance of the Deed. Page 4 Purchase and Sale Agreement—Fred W.Fields Revocable Living'Trust 7.2.4. Other Documents. Such other fully executed documents and funds as are required of Purchaser to close the sale in accordance with this Agreement, including(without limitation)escrow instructions. S. Deliveries to Purchaser at Closing. At Closing, Seller shall deliver to Purchaser exclusive. possession of the Property. 9. Title Insurance. At Closing, Seller shall cause the Title Company to issue to Purchaser a standard ALTA owner's title insurance policy in the full amount of the Purchase Price, insuring fee simple title vested in Purchaser or its nominees, subject only to the Permitted Exceptions as established under Section 4 of this Agreement(the"Title Policy"). Purchaser acknowledges that access to the Property is via an easement granted by the City of Tigard over an extension of Wall Street and subject to construction of a bridge that crosses Fanno Creek. The Purchase Price includes a deduction from fair market value of the estimated cost of constructing the bridge. At Purchaser's option,Purchaser may elect to have the Title Policy issued with endorsements and/or in an ALTA extended coverage form,provided that Purchaser pays any additional associated costs associated with extended coverage. 10. Closing Costs. Seller shall pay for the Title Policy,one-half of all escrow fees,any real property transfer or excise taxes,all recording charges other than those allocated to Purchaser below,and Seller's share of prorations pursuant to Section 11 below. Purchaser shall pay the cost of recording the Deed, one- half of all escrow fees,if requested by Purchaser,the cost of any extended coverage and endorsements for the Title Policy,and Purchaser's share of prorations pursuant to Section 11 below. Purchaser and Seller each shall pay for its own legal and professional fees incurred. All other costs and expenses are to be allocated between Purchaser and Seller in accordance with the customary practice in the county where the Property is located. 11. Prorations and Taxes. 11.1. Prorations. Any and all state,county, and/or city taxes for the current year,rents, or other income or operating expenses pertaining to the Property will be prorated between Seller and Purchaser as of the Closing Date. • 11.2. Taxes and Assessments. All taxes,assessments,and encumbrances that will be a lien against the Property at Closing shall be satisfied by Seller at Closing. If Seller shall fail to do so, Purchaser may pay any such tax, assessment,encumbrance or other charge and deduct an amount equal to any such payment from the Purchase Price. If the Property is subject to farm or forest deferred taxes, Seller will have no obligation or responsibility for said deferred taxes,unless the Property becomes disqualified for or loses its deferred tax status as a result of Seller's actions prior to Closing in which case such taxes shall be Seller's responsibility. 12. Seller's Representations and Warranties. Seller hereby warrants and represents to Purchaser the following matters, and acknowledges that they are material inducements to Purchaser to enter into this Agreement. Seller agrees to indemnify, defend,and hold Purchaser harmless from all expense,loss, liability,damages and claims, including(without limitation)attorney's fees,arising out of the breach or falsity of any of Seller's representations,warranties,and covenants,which indemnity shall survive the Closing. These representations and warranties shall survive Closing. Seller warrants and represents to Purchaser that the following matters are true and correct,and will remain true and correct through Closing: 12.1. Authority. Seller has full power and authority to enter into this Agreement(and the persons signing this Agreement for Seller, if Seller is not an individual, have full power and authority to sign for Seller and to bind it to this Agreement)and to sell,transfer and convey all right,title, and interest in and Page 5 Purchase and Sate Agreement—Fred W.Fields Revocable Living Trust to the Property in accordance with this Agreement. No further consent of any partner, shareholder, creditor, investor,judicial or administrative body,governmental authority,or other party is required. 12.2. Unrestricted Access. The Property has access to a public road over an easement granted by the City of Tigard that crosses Fanno Creek. 12.3, Minimum Acreage: To Seller's knowledge,the Property is approximately 25 acres in size. 12.4. Hazardous Substances. For purposes of this Agreement,the term"Hazardous Substances"has the meaning defined in and includes those substances set forth in ORS 465.200. Seller warrants and represents as follows: (a) To Seller's knowledge,there are no Hazardous Substances in, upon, or buried on or beneath the Property and no Hazardous Substances have been emitted or released from the Property in violation of any environmental laws of the federal or state government; (b) Seller has not brought onto, stored on,buried,used on, emitted or released from,or allowed to be brought onto, stored on,buried, used on, emitted, released from,or produced or disposed of, from, or on the Property, any Hazardous Substances in violation of any environmental laws of the federal or state government; (c) To Seller's knowledge, no underground storage tanks are located on the Property, including (without limitation)any storage tanks that may have at one time contained any Hazardous Substances; (d) To Seller's knowledge,the Property is materially in compliance with applicable state and federal environmental standards and requirements affecting it; (e) Seller has not received any notices of violation or advisory action by regulatory agencies regarding environmental control matters or permit compliance with respect to the Property; (0 Seller has not transferred,and to Seller's knowledge no other person has transferred, Hazardous Substances from the Property to another location that is not in compliance with applicable environmental laws, regulations,or permit requirements; and 11(g) There are no proceedings, administrative actions,or judicial proceedings pending or, to Seller's knowledge, contemplated under any federal, state, or local laws regulating the discharge of hazardous or toxic materials or substances into the environment. 12,5. Encroachments. To Seller's knowledge(a)all structures and improvements, including any driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing building, structure, or improvement of any kind encroaches upon the Property from any adjacent property, • and (c)there are no present or past discrepancies or disputes regarding the boundaries of the Property. 12,6. Rights and Contracts Affecting Property. Except for this Agreement, Seller has not entered into any other contracts for the sale of the Property, nor do there exist any rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee,free and clear of all liens, conditions, reservations,mortgages, leases, licenses, easements, prescriptive rights, permits,or other similar encumbrances. Seller has not sold,transferred,conveyed, or entered into any agreement regarding timber rights, mineral rights,water rights,"air rights,"or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that will bind the Property or Purchaser on or after the Closing. Page 6 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 12.7. Possession. Except as specifically set forth in this Agreement,there are no leases,licenses,or other agreements permitting,nor has Seller entered into any course of conduct that would permit, any person or entity to occupy or use any portion of the Property. Seller shall deliver immediate and exclusive possession of the entire Property to Purchaser at CIosing. 12.8, Reforestation. The Property is not subject to any pending or delinquent reforestation requirements and Seller has complied with all applicable reforestation requirements. In accordance with Section 5, Seller shall deliver copies of any notices, agreements, or other documents related to past, present, or future reforestation of the Property. 12.9. Recitals. The statements and information set forth in the Recitals are true and correct. 12.10. No Legal Proceedings. There is no suit, action,arbitration,judgment, legal, administrative, or other proceeding,claim, lien,or inquiry pending or threatened against the Property or against Seller (nor is there any basis for any such proceeding)that could (a)affect Seller's right or title to the Property, (b) affect the value of the Property,or(c)subject an owner of the Property to liability. 12.11. Mechanic's and Other Liens. No work on the Property has been done or materials provided that would give rise to actual or impending mechanic's liens, private liens, or any other liens,against the Property. 12.12. Public Improvements or Governmental Notices. To Seller's knowledge,there are no intended public improvements which will result in the creation of any liens upon the Property, nor have any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law,ordinance,rule or regulation which would affect the Property. 12.13. Breach of Agreements. The execution of this Agreement will not constitute a breach or default under any agreement to which Seller is bound or to which the Property is subject. 12,14. Bankruptcy Proceedings. No attachments,execution proceedings,assignments for the benefit of creditors,insolvency, bankruptcy, reorganization, or other proceedings are pending or,to Seller's knowledge,threatened against Seller,nor are any such proceedings contemplated by Seller. 12.15. PATRIOT Act. Neither Seller nor,to Seller's knowledge,any person having a direct or indirect beneficial interest in Seller(nor any principal,officer, or director of the foregoing), (a)appears on the Specially Designated Nationals and Blocked Person List or similar list prepared or maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and none of the foregoing is a Senior Foreign Political Figure or Prohibited Foreign Shell Bank(as such terms are defined in the PATRIOT Act(Public Law 107-56)), (b) is a person with whom a United States citizen is prohibited from transacting business under any U.S. law,regulation or Executive Order, or(c) is engaging in or conspiring to engage in any transaction that evades or avoids,or has the purpose of evading or avoiding, or attempting to violate,any of the prohibitions set forth in any U.S. anti-money laundering law. 12.16. Changed Conditions. If Seller discovers any information or facts that would materially change the foregoing warranties and representations, Seller shall immediately give notice to Purchaser of those facts and information. If any of the foregoing warranties and representations cease to be true before Closing, Seller shall use its best efforts to remedy the problem, at its sole expense, before Closing. If the problem is not remedied before Closing, Purchaser may elect to either: (a)terminate this Agreement, in which case Purchaser will have no obligation to purchase the Property and the Earnest Money shall be refunded to Purchaser, or(b)extend the Closing Date for a period not to exceed forty-five(45)days or until such problem has been remedied, whichever occurs first. Should Purchaser extend the Closing Date and the problem is not remedied within the 45-day timeframe,Purchaser may then elect to terminate this Agreement and receive a refund of its Earnest Money; provided, however,that such election will not Page 7 Purchase and Sale Agreement--Fred W.Fields Revocable Living Trust constitute a waiver of Purchaser's rights in regard to any loss or liability suffered as a result of a representation or warranty not being true, nor will it constitute a waiver of any other remedies provided in this Agreement or by law or equity. 13, Condition of the Property Through Closing. Seller shall (a)maintain the Property in substantially the same condition as it was on the Effective Date, with no tree cutting,timber harvesting, or alteration of the Property in any way,(b)keep all existing insurance policies affecting the Property in full force and effect,(c) make all regular payments of interest and principal on any existing financing, (d)pay all real property taxes and assessments against the Property prior to delinquency,(e)comply with all government regulations,and (f)keep Purchaser timely advised of any repair or improvement required to keep the Property in substantially the same condition as it was on the Effective Date. 14. No Further Encumbrances, As long as this Agreement remains in force, Seller shall not lease, transfer,option,mortgage, pledge,or convey its interest in the Property or any portion thereof or right therein,nor shall Seller enter into any agreement granting to any person or entity any option to purchase or rights superior to Purchaser with respect to the Property or any part thereof. 15. Purchaser's Representations and Warranties. In addition to any express agreements of Purchaser contained herein,the following constitute representations and warranties of Purchaser to Seller: (a) Subject to the conditions stated herein, Purchaser has the legal power, right,and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein; (b) Subject to the conditions stated herein,all requisite action has been taken by Purchaser in connection with entering into this Agreement and the instruments referred to herein and the consummation of the transactions contemplated herein;and (c) Subject to the conditions stated herein,the persons executing this Agreement and the instruments referred to herein on behalf of Purchaser have the legal power,right,and actual authority to bind Purchaser to the terms and conditions of this Agreement. 16. Legal and Equitable Enforcement of This Agreement. 16,1. Default by Seller. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Seller,Purchaser shall be entitled to immediate reimbursement of all its out-of-pocket expenses incurred in connection with the transaction, including the Earnest Money,and will have the right to pursue any other remedy available to it at law or equity, including the specific performance of this Agreement. 16.2. Default by Purchaser. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Purchaser, Purchaser and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, Purchaser and Seller agree that a reasonable estimate of the total net detriment that Seller would suffer in the event that Purchaser defaults and fails to complete the purchase of the Property is and will be an amount equal to the Earnest Money. This amount shall be Seller's sole and exclusive remedy(whether at law or in equity), and the full,agreed, and liquidated damages for the breach of this Agreement by Purchaser. The payment of said amount as liquidated damages is not intended as a forfeiture or penalty. All other claims to damage or other remedies are hereby expressly waived by Seller. Upon a termination due to a default by Purchaser,this Agreement will terminate and except as set forth in this section,neither party will have any further rights or obligations hereunder or to one another. Page 8 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 17. Risk of Loss,Condemnation. Seller bears the risk of all loss or damage to the Property from all causes,through the Closing Date. If,before the Closing Date, all or any part of the Property is damaged, destroyed,condemned,or threatened with condemnation, Seller shall give Purchaserwritten notice of such event. Purchaser may terminate this Agreement by giving written notice to Seller within fifteen(15) days following receipt by Purchaser of written notice from Seller of such casualty or condemnation and the Title Company shall return the Earnest Money to Purchaser. In lieu of terminating this Agreement, Purchaser may elect to complete Closing of the transaction,in which case Seller shall be deemed to have assigned to Purchaser all Seller's rights under Seller's insurance policies, including(without limitation) all insurance proceeds. 18. Notices. All notices required or permitted to be given must be in writing to the address set forth below and will be deemed given upon(a)personal service,(b)deposit in the United States Mail,postage prepaid, or(c)deposit with a nationally recognized overnight courier service. All such notices shall.be deemed received(x) upon persona!service,(y)three(3)days after deposit in the United States Mail, postage prepaid,or(z)one(1)day after deposit with a nationally recognized overnight courier service. To Seller: William R. Tagmyer c/o Richard A.Canaday Miller Nash LLP 111 S.W.Fifth Avenue, Suite 3500 Portland,Oregon 97204 Fax No. (503 )205-8520 Phone No. (503)205-2512 To Purchaser: Metro Natural Areas Program Director 600 NE Grand Avenue Portland,Oregon 97232-2736 Fax No. (503) 797-1849 Phone No. (503)797-1948 Copy to: Office of Metro Attorney 600 NE Grand Avenue Portland,Oregon 97232-2736 Fax No. (503)797-1792 Phone No. (503) 813-7522 The foregoing addresses may be changed by written notice, given in the same manner. Notice given in any manner other than the manners set forth above will be effective when received by the party for whom it is intended. Telephone,email,and fax numbers are for information only. 19. No Broker or Commission. Seller has engaged NAI Norris,Beggs&Simpson("Broker")to represent Seller and Seller shall be solely responsible for all commissions and fees owed to Broker. Each party represents and warrants to the other that it has not used or engaged any other real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person or entity asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement,then Seller shall indemnify,hold harmless,and defend Purchaser from and against any such claim if based on any action, agreement,or representations made by Seller;and Purchaser shall indemnify,hold harmless,and defend Seller from and against any such claim if based on any action, agreement,or representations made by Purchaser. 20. Further Actions of Purchaser and Seller. Purchaser and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to Page 9 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust consummate the purchase and sale contemplated and both parties shall use their best efforts to accomplish Closing in accordance with the provisions hereof. 21. Miscellaneous. 21.1. Recording of Memorandum. On the Effective Date the parties shall execute a memorandum of this Agreement(the"Memorandum"), which Purchaser may cause to be recorded against the Property. 21.2. Partial Invalidity. If any term or provision of this Agreement or the application to any person or circumstance is,to any extent,found invalid or unenforceable,the remainder of this Agreement, or the application of such term or provision to persons or circumstances,other than those to which it is held invalid or unenforceable,will not be affected thereby,and each such term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 21.3. Waivers, No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof,or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. 21.4. Survival of Representations. The covenants,agreements,representations,and warranties made herein shall survive Closing and will not merge into the Deed. 21.5. Successors and Assigns. This Agreement will be binding on and will inure to the benefit of the successors and assigns of the parties to it. Purchaser may assign all or any portion of its interest in this Agreement to a park-providing entity without the consent of Seller. If an assignee assumes all the obligations of Purchaser hereunder,then Purchaser shall have no further liability with respect to this Agreement. If an assignee assumes only a portion of Purchaser's obligations hereunder,then Purchaser and the assignee shall be jointly and severally liable for performance of Purchaser's obligations. • 21.6. Representation. This Agreement was prepared by Purchaser. Seller represents that Seller had an opportunity to consult with its own legal counsel prior to executing this Agreement. Seller waives any claim that any teen or condition herein should be construed against the drafter of the Agreement. This Agreement shall be construed as if it had been prepared by both parties. 21.7. Entire Agreement. This Agreement(including any exhibits attached to it) is the final expression of,and contains the entire agreement between,the parties with respect to the subject matter of the Agreement and supersedes all prior understandings with respect to it. This Agreement may not be modified or terminated,nor may any obligations under it be waived,except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. • 21.8. Time of Essence. Seller and Purchaser hereby acknowledge and agree that time is strictly of the essence with respect to every term,condition,obligation,and provision contained in this Agreement. Unless otherwise specified herein,in computing any period of time described in this Agreement, whenever a date for an action required to be performed falls on a Saturday, Sunday,or a state or federal holiday,then such date shall be extended to the following business day. 21.9. Recitals. The statements and information set forth in the Recitals are hereby incorporated as if fully set forth herein and shall be used for the purposes of interpreting this Agreement. 21.10. Governing Law. The parties acknowledge that this Agreement has been negotiated and entered into in the state of Oregon. The parties expressly agree that this Agreement is governed by and should be interpreted in accordance with the laws of the state of Oregon. Page 10 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 21.11. Attorneys Fees. If any action is instituted between Seller and Purchaser in connection with this Agreement,the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including,without limitation, attorneys' fees and costs as fixed by the court therein. 21.12. Counterparts;Facsimile Execution. This Agreement may be executed in counterparts, each of which,when taken together, shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Agreement. 21.13. Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. 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. 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.VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER ORS 195.300, 195.301 AND 195,305 TO 195.336 AND SECTIONS 5 TO II,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. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature specified below. Purchaser: Seller: METRO By: '�,1"..:: Le-.7 - A/IL id -et-- William R. Tagmyer,tr stee Fred W. Fields Name: Alf inti A . ee Pi n e ftRevocable Living Trust Title: CA ie P 116;94'117 D rCta 1`� Date: Ave 1 Date: Go -/r- 7,,,I, Page 11 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly, corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian;thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon.The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS&ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line,with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01"East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17"(a chord which bears North 68°54'23" East 113.89)and a length of 114.16 feet;thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8"iron rod with yellow plastic cap marked DEHAAS&ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14"West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet,a central angle of 13°39'17"(a chord which bears North 68°54'23"East, 99.62)and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Exhibit A Page 1 Purchase and Sale Agreement --Fred W.Fields Revocable Living Trust Exhibit B PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE AGREEMENT THIS PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE(this "Assignment"),dated effective as of July 30,2012,is made by and between Metro,an Oregon municipal corporation,and the City of Tigard,an Oregon municipal corporation("Tigard"). Metro hereby assigns to Tigard, and Tigard hereby assumes from Metro,a portion of Metro's right,title,and interest in and to that certain Purchase and Sate Agreement dated June 20,2012(the "Purchase Agreement"),by and between Metro,as buyer,and the Fred W. Fields Revocable Living Trust, as seller,for the purchase of that certain real property located in the City of Tigard,County of Washington,State of Oregon,commonly known as Tax Parcel 1200(R0456081)in Section 1 of Township 2 South,Range I West of the Willamette Meridian,and more particularly described in the Purchase Agreement. Metro and Tigard hereby agree that at Closing(a)Tigard shall deposit into escrow Two Million Dollars($2,000,000,00)and (b)Metro shall also deposit into escrow the remaining balance of the purchase price from regional funds from the 2006 Natural Areas Bond Measure. Metro and Tigard shall take title as tenants in common,each with an undivided interest in the Property equal to their relative portion of the purchase price paid. The parties agree that within 120 days after the Closing Date,they will negotiate in good faith toward and conclude an intergovernmental agreement that shall set forth the terms and conditions of a management plan for the parties' respective use,management and improvement of the Property. This Section shall survive the closing. The parties acknowledge that pursuant to Section 21.5 of the Purchase Agreement,Metro is authorized to enter into this Assignment without first obtaining Seller's consent. This Assignment may be executed in any number of counterparts,each of which shall be an original,but all of which together shall constitute one instrument, Capitalized terms which are used in this Assignment shall have the meanings given to them in the Purchase Agreement. IN WITNESS WHEREOF, Metro and Tigard have executed this Assignment as of the date first written above. METRO, CITY OF TIGARD, an Oregon municipal corporation an Oregon municipal corporation 1 By:_ By: Name: Maidlil Name: TY)AIRTNn L, I,cIll\�" Title: Cktee Opera-W(1.1 O4rrr Title: C2. V M/1111cY, ie Date: 3.ul� v ZO#Z Date: J u' r " �� r Dlia wfgnationaltitle.com PRELIMINARY TITLE REPORT PROPERTY ADDRESS Washington County 2S10100 Tax Lot 1200 25.69 Acres f ... -tet y ,. „, : : . --! . ......, isit,_ i Or 1, TREVOR CHEYNE,AVP/Division Manager/Senior Escrow Officer COMMERCIAL DIVISION of WFG National Title Insurance Co. 25 NW 23rd Place, Ste. 1, Portland, OR 97210 P: (503)219-9088 Compliments of WFG National Title Insurance Company WFG National Title Insurance Company awua sIai c p company WFG National Title Insurance Company a Williston Financial Group company 25 NW 23rd Place Suite 1 Portland, OR 97210 PRELIMINARY TITLE REPORT June 07, 2012 Order Number: 12003172 Escrow Officer: Trevor Cheyne Telephone: (503)219-9088 Fax: (503)477-6476 E-mail: TCheyne@wfgnationaltitle.com Property Address: 2S1 W01 - 01200, Tigard, OR 97223 Seller/Owner: Fred Fields Living Trust Buyer/Borrower: Metro, an Oregon municipal corporation Amount Premium ALTA 2006 Standard Owners Policy T.B.D. $TBD Government Lien Search Fee Tigard $25.00 NOTE: WFG National Title Insurance Company is prepared to issue a Stewart Title policy. This is a preliminary billing only, a consolidated statement of all charges, credits, and advances, if any in connection with this order will be provided at closing. WFG National Title Insurance Company is prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that as of May 30, 2012 at 8:00 a.m. title of the property described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. This commitment is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium paid. Legal Description: SEE EXHIBIT"A" Order No.: 12003172 Page 1 EXHIBIT "A" LEGAL DESCRIPTION Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62)and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Order No.: 12003172 Page 2 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS: 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For : sewer line and appurtenances with reservation by grantor From : Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to : City of Tigard Recorded : December 8, 1975 Book : 580 Page : 313 Affects : 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. 8. Easement, including the terms and provisions thereof: For : Anchor Granted to : Portland General Electric Company, an Oregon corporation Recorded : September 16, 1971 Book : 835 Page : 507 Affects : a strip of land 6 feet wide in the Easterly portion of premises- see document for location 9. Easement, including the terms and provisions thereof: For : Sewer Granted to : Unified Sewerage Agency of Washington County, a municipal corporation Recorded : April 18, 1973 Book : 920 Page : 38 Affects : a strip of land being 30 feet wide along the Westerly portion of premises- see document for actual location Order No.: 12003172 Page 3 10. Easement, including the terms and provisions thereof: For : Permanent Sanitary Sewer Granted to : the City of Tigard Recorded : January 18, 1995 Recording No. : 95003861 Affects : A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For : Sewer Granted to : Unified Sewerage Agency of Washington County Recorded : July 18, 1995 Recording No. : 95049211 Affects : A 15 foot strip in the Westerly portion of premises-see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For : Utilities and ingress and egress From : the City of Tigard, an Oregon municipal corporation To : Fred W. Fields Recorded : February 22, 2006 Recording No. : 2006-020491 Affects : Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS • NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. • NOTE: Taxes paid in full for 2011-2012: Levied Amount : $17,417.27 Property ID No. : R456081 Levy Code : 023.74 Map Tax Lot No. : 2S11-01200 • NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be recorded. Order No.: 12003172 Page 4 • NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and block. • NOTE: Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within Washington County. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. If you have any questions regarding this report or your escrow closing, please contact Trevor Cheyne at (503) 219-9088, email address: TCheyne@wfgnationaltitle.com. Diane Brokke, Title Officer/Examiner dbrokke@wfgnationaltitle.com Prelim copies have been provided to: Norris, Beggs &Simpson, Denis O'Neill Fred W. Fields Revocable Living Trust Metro Order No.: 12003172 Page 5 WFG National Title Insurance Company a Williston Financial Group company PRELIMINARY TITLE REPORT WFG National Title Insurance Company is prepared to issue, as of the date specified in the attached Preliminary Title Report (the Report), a policy or policies of title insurance as listed in the Report and describing the land and the estate or interest set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as a General or Specific Exception or not excluded from coverage pursuant to the printed Exclusions and Conditions of the policy form(s). The printed General Exceptions and Exclusions from the coverage of the policy or policies are listed in Exhibit One to the Report. In addition, the forms of the policy or policies to be issued may contain certain contract clauses, including an arbitration clause, which could affect the party's rights. Copies of the policy forms should be read. They are available from the office which issued the Report. The Report (and any amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The policy(s) of title insurance to be issued will be policy(s) of Stewart Title Company. Please read the Specific Exceptions shown in the Report and the General Exceptions and Exclusions listed in Exhibit One carefully. The list of Specific and General Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy to be issued and should be read and carefully considered. It is important to note that the Report is not an abstract of title, a written representation as to the complete condition of the title of the property in question, and may not list all liens, defects and encumbrances affecting title to the land. The Report is for the exclusive use of the parties to this transaction, and the Company does not have any liability to any third parties or any liability under the terms of the policy(s) to be issued until the full premium is paid. Until all necessary documents are recorded in the public record, the Company reserves the right to amend the Report. Countersigned Mkt C-'iwt File Number: 12003172 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (i) the occupancy,use or enjoyment of the land. (ii) the character,dimensions,or location of any improvement erected on the Land. (iii) The subdivision of land,or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under CoveredRisk 11,13,or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises our of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the insured Mortgage is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy 7. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Coverage Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or 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 an inquiry of person 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 completed land survey of the subject land. 5. Any lien,or right to lien,for services, labor,material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (v) the occupancy,use or enjoyment of the land. (vi) the character,dimensions,or location of any improvement erected on the Land. (vii) The subdivision of land,or (viii) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or 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 an inquiry of person 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 completed land survey of the subject land. 5. Any lien,or right to lien,for services,labor,material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. File Number: 12003172 WFG National Title Insurance Company a Williston Financial Group company WFG National Title Insurance Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of WFG. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from [our affiliates] or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. If you have any questions about this Privacy Policy Notice, please contact us by writing to: WFG National Title Insurance Company 12909 S.W. 68th Parkway, Suite 350 Portland, OR 97223 File Number: 12003172 Customer Service Department N ��r 5335 SW Meadows Road#150 44 VV FG National Title Insurance Company Lake Oswego,OR 97035 ' " a\'villiston Financial Group company Phone: 503.624.4900is 0 Fax: 503.746.6738 Email: cs@wfgnationaltitie.com e��,,o Parcel # : R0456081 Ref Parte. 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WFG National Title assumes no liability for•variations, limy, in dimensions, area or location of the premises or the location of imporvements. Washington County,Oregon 05/05/2010 10:15:44 AM 20I 0-033975 13-DW Cnt;1 Stn=12 S PFEIFER $40.00$5.00$11.00$15.00-Total $71.00 D After recording, return to: 11111111111111111111111111111111111 / 01478751201000339750080088 David M. Munro 1,Richard Hobernicht,Director of Assessment and Taxation and Ex-Ofncio County Clerk Tor Washington Thede Culpepper Moore Munro & Silliman LLP County,Oregon,do hereby certify that the wkhin '" instrumerrt pf wrking was recelyed and recorded ilevmAsttn 11 1 S.W. Fifth Avenue, Suite 3675 book of records of said courts (} y �J d Portland, Oregon 97204 Richard Hobernlcht,Director of Assessment and ' Taxation,Ex-Ofllcio County Clerk WARRANTY DEED FRED W. FIELDS, Grantor, conveys and warrants to FRED W. FIELDS, in his capacity as Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantee,the real property situated in Washington County, Oregon,more particularly described on Exhibit A attached hereto. The true consideration for this conveyance is $0.00. Grantor covenants that Grantor is seized of an indefeasible estate in the real property described above in fee simple, that Grantor has good right to convey the property,that the property is free from encumbrances except as specifically set forth herein, and that Grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through, or under Grantor, provided that the foregoing covenants are limited to the extent of coverage available to Grantor under any applicable standard or extended policies of title insurance, it being the intention of Grantor to preserve any existing title insurance coverage. 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. 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 N 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 Until a change is requested, all tax statements shall be sent to the following address: Fred W. Fields,Trustee 1149 S.W. Davenport Street Portland, Oregon 97201 00234485.1 - 1 - .r ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. DATED this laday of Thal ,2010. Fred W. Fields STATE OF II zt ) COUNTY OF 11, •IlsAuk.A On , 2010, before me, 4da-aricer- ,personally l'ra eared Fred W. Fields sonally known to me (or proved to me on the basof satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument he executed the instrument. WITNESS my hand and official seal. 1-41-1—? Not Public for � `��-�, My commission expires; j.__J � OFFICIAL SE=AL HELEN PARKER 1 NOTARY PUBLIC 7RE( ON Sf �i m � COMMISSION NO,4288+8 MY COMMISSION EXPIRES JULY 5,2012 00234485.1 - 2 - EXHIBIT A Parcel I: The North one-half of Lot 1, EDGEWOOD ACRE TRACTS, in the City of Tigard, County of Washington and State of Oregon. Parcel II: The South one-half of Lot 1, EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon. Parcel III: A tract of land in Section 1, Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21, 1949, in Deed Book 293, Page 530,to Jane Brooks,running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned, to a point on the South line of County Road No. 245; thence Southeasterly on the South line of said County Road No. 245 to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. Parcel IV: All that certain tract of land in the William Graham Donation Land Claim No. 39 in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, conveyed to Beecher B. Robinson by deed recorded at page 193 of Volume 126, Washington County, Oregon Deed Records, and being more particularly described as follows, to-wit: Beginning at the Southwest corner of the aforesaid Robinson tract in the center of the County Road at the Northwest corner of Lot 1 of EDGEWOOD, a duly recorded subdivision of Washington County, Oregon, which beginning point is said to bear 5.60 chains West and 21.02 chains North of the Northwest corner of Section 12, Township 2 South, Range 1 West of the Willamette Meridian; thence from said point of beginning North 0°22' East in the center of the said County Road 969.4 feet to the Northwest corner of said Robinson tract; thence South 47°43' East 26.9 feet to an iron pipe; thence continuing South 47°43' East 431,1 feet to an iron pipe; thence South 99.0 feet to an Alder tree marked "C.8"; thence continuing South 16.0 feet to a point in the center of Fanno Creek, from which point an iron pipe bears North 19.9 feet; thence down stream following the center of Fanno Creek the following courses and distance: South 37°01' East 110.0 feet; South 26°58' West 126.0 feet; South 6°44' West 86.8 feet; South 30°08' East 40.5 feet; South 73°51' East 44.8 feet;North 53°56' East 71.7 feet; South 74°06' East 33.1 feet; South 4°44' West 72.6 feet; South 24°24' East 64.3 feet; South 51°2' East 137.0 feet; and 00234485.1 - 1 - South 11°35' West 42.7 feet to a point on the North line of said EDGEWOOD Subdivision; thence North 89°00' West along the North line of aforesaid subdivision 35.1 feet to a point in the center of Fanno Creek, from which point an iron pipe bears South 89°00'East 17.1 feet; thence running downstream in the center of Fanno Creek North 39°18' West 32.8 feet North 58°29' West 104.5 feet, South 86°48' West 41.6 feet and South 12°02' West 76.4 feet to a point on the North line of aforesaid subdivision, from which point an iron pipe bears North 89°00' West 28.0 feet;thence leaving Fanno Creek and running along the North line of said subdivision 528.0 feet to the place of beginning. SAVE AND EXCEPT THEREFROM that portion conveyed to the State of Oregon, by and through the State Highway Commission recorded August 20, 1965, in Book 656, Page 306, Records of Washington County. PARCEL V: Beginning at a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence South 43°23' West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of County Road;thence South 60°59' East in the center of said County Road; 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; thence South 29°34' West along the East line of said Hunziker tract 1652.9 feet to a point on the Northerly boundary • of the Southern Pacific Railroad right of way;thence South 42°00' East along said Northerly boundary 120.0 feet to an iron pipe at the true point of beginning of the herein described tract; thence from the above described true point of beginning North 89°51-'/2' East along the North line of said Hunziker tract 998.4 feet to an iron pipe at the most Easterly Northeast corner •• thereof; thence South 1°14' West along the East line of said Hunziker tract 1085.6 feet to an iron pipe at the Northerly boundary line of the Southern Pacific Railroad right of way; thence North 42°00' West along said Northerly boundary 1457.2 feet to the point of beginning. PARCEL VI: Beginning at a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence South 43°23' West along the Northwesterly • line of said Donation Land Claim 734.0 feet to a point in the center of the County Road; thence South 60°59' East in the center of said County Road 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; which point is the true point of beginning of the herein described roadway; thence from the above described true point of beginning South 29°34' West along the East line of said Hunziker tract 1631.8 feet to an iron pipe; which pipe is 20.0 feet from, when measured at right angles to the Northerly boundary of the Southern Pacific Railway right of way; thence South 42°00' East parallel to and 20.0 feet from,when measured at right angles to said Northerly boundary a distance of 144.7 feet to an iron pipe on the North line of said Hunziker tract; thence South 89°51-W West along the said North line 26.8 feet to an iron pipe on the Northerly boundary of said Southern Pacific Railroad right of way; thence North 42°00' West along said Northerly boundary 141.1 feet to an iron pipe; 00234485.1 -2 - thence North 29°34' East parallel and 20.0 feet from, when measured at right angles to the East line of said Hunziker tract a distance of 1646.0 feet to a point in the center of said County Road; thence South 60°59' East in the center of said road 20.0 feet to the point of beginning. PARCEL VII: Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27'East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of and conveyed to R. and Sophia Hunziker by deed as recorded in Deed Book 90, Page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by deed as recorded in Deed Book 83, Page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the • most Easterly corner thereof;thence South 4J0351 East along the Southerly boundary of the Oregon Electric Railroad right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham Donation Land Claim;thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning. PARCEL VIII: Beginning at the Northwest center of Lot 2 of EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon, and running East 13.24 chains(873.8 feet) to the Northeast corner of said Lot 2; thence South with the East boundary thereof 30 feet; thence West 2.68 chains (176.9 feet); thence North 79°30' West 0.827 chains (54.6 feet) to a pipe 3/4" in diameter; thence West 9.80 chains (646.8 feet), more or less, to the West boundary of said Lot 2; thence with said West boundary, North 20 feet to the place of beginning. • PARCEL IX: Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning 20 chains North and 20 chains West of the Southeast corner of the W.W. Graham Donation Land Claim; thence West 17.11 chains to stake; thence North 30° East 26.60 chains to center of County Road; thence South 72°48' East 9.91 chains to the Southwest corner of J.A. Keller's tract of land; thence South 10 chains to a stake; thence West 5 chains to a stake; thence South 10 chains to place of beginning. EXCEPTING THEREFROM a certain tract conveyed by Rudolph Hoohuli, et ux and George J. Erdner, et ux, to Beaverton and Willsburg Railroad Company as shown by instrument recorded in Deed Book 75, Page 420, on May 14, 1907. EXCEPT a tract of land in Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: 00234485.1 - 3 - Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21, 1949, in Deed Book 293, Page 530 to Jane Brooks; running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned to a point on the South Iine of County Road No. 245; thence Southeasterly on the South line of said County Road No. 245; thence Southeasterly on the South line of said County Road to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. SUBJECT TO: 1. An easement created by instrument, including the terms and provisions thereof: Recorded : April 12, 1948, in Book 284, Page 406 Favor of : Tillie Zurcher Affects Parcels V &VI Tillie Zurcher conveyed an undivided one-half of her interest in said easement to her husband, Paul A. Zurcher, by instrument Recorded January 4, 1951, in Book 315, Page 386 2. An easement created by instrument, including the terms and provisions thereof: Recorded December 31, 1952, in Book 340, Page 167 Favor of Portland General Electric Company, a corporation of Oregon For : Electrical transmission lines Affects : Parcels V,VI & IX 3. An easement created by instrument, including the terms and provisions thereof: Recorded June 14, 1957, in Book 395, Page 58 Favor of Portland General Electric Company Affects Parcels V &VI 4. An easement created by instrument, including the terms and provisions thereof: Recorded September 12, 1960, in Book 435, Page 312 Favor of Tigard Water District, a municipal corporation, and the South Tigard Sanitary District, a municipal corporation For • Sewer lines and water lines Affects Parcel VI 5. An easement created by instrument, including the terms and provisions thereof: Recorded October 9, 1961, in Book 451,Page 10 Favor of : Northwest Natural Gas Company, a corporation of the State of Oregon For : Pipeline Affects : Parcels VI & IX 00234485.1 - 4 - • 6. An easement created by instrument, including the terms and provisions thereof: Recorded December 8, 1965, in Book 580, Page 313 Favor of City of Tigard, a municipal corporation of Oregon Affects • Parcels VI, VII & VIII 7. An easement created by instrument, including the terms and provisions thereof: Recorded December 27, 1965, in Book 575, Page 43 Favor of • D.H. Overmyer Warehouse Co., an Oregon corporation For • Railroad spur track Affects • Parcels VI & IX The above easement was assigned by instrument Dated June 14, 1966 Recorded : July 5, 1966, in Book 606, Page 590 To • Southern Pacific Company, a Delaware corporation 8. An easement created by instrument, including the terms and provisions thereof: Recorded : January 4, 1966, in Book 583, Page 258 Favor of Northwest Natural Gas Company, an Oregon corporation For Gas pipeline Affects Parcels V & IX 9. An easement created by instrument, including the terms and provisions thereof: Recorded : March 16, 1966, in Book 592, Page 13 Favor of • Southern Pacific Company, a Delaware corporation For • Railroad track Affects Parcel V 10. An easement created by instrument, including the terms and provisions thereof: Recorded : June 10, 1971, in Book 821, Page 413 Favor of Tigard Water District,a municipal corporation of Washington County, Oregon For : Underground pipeline and/or mains for water Affects : Parcel VI 11. An easement created by instrument, including the terms and provisions thereof: Recorded September 16, 1971, in Book 835, Page 507 Favor of • Portland General Electric Company, an Oregon corporation For Anchor easement Affects Parcels VI, VII, & VIII 12. An easement created by instrument, including the terms and provisions thereof: Recorded December 15, 1971, in Book 847, Page 55 Favor of : Tigard Water District, a municipal corporation of Washington County, Oregon For : Underground pipeline and/or mains for the purpose of conveying water Affects • Parcel IV 00234485.1 - 5 - L & a 13. An easement created by instrument, including the terms and provisions thereof: Recorded July 20, 1972, in Book 878, Page 295 Favor of • Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For • Sewer Affects • Parcel I 14. An easement created by instrument, including the terms and provisions thereof: Recorded : July 20, 1972, in Book 878, Page 298 Favor of • Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For • Sewer Affects • Parcel II 15. An easement created by instrument, including the terms and provisions thereof: Recorded April 18, 1973, in Book 920, Page 38 Favor of • Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For : Sewer Affects ▪ Parcels VII & VIII 16. An easement created by instrument, including the terms and provisions thereof: Recorded September 15, 1975, in Book 1043, Page 992 Favor of • City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects • Parcels VI & IX 17. An easement created by instrument, including the terms and provisions thereof: Recorded : September 15, 1975, in Book 1043, Page 994 Favor of City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects Parcels VI & IX • 18. An easement created by instrument, including the terms and provisions thereof: Recorded : November 18, 1975, in Book 1054, Page 608 Favor of City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects • Parcel III 19. Any adverse claim based upon the assertion that some portion of said land have been removed from or brought within the boundaries thereof by an avulsive movement of Fanno Creek or has been formed by the process of accretion or reliction. (Affects Parcel IV) 00234485.1 - 6 - /� 3 2/..., .•'+"..6 Cww�.Lf � _W _-- __-, .. ..7-. • 4.147-47".--,,,,,X.,,, ✓ r-^�/ c .�...!•...f�•.J.--•+ v 6'',.';‘.oyL.. 2 73 f_ • „- A....4....1.,.....- 2') - z2-ifs... • yz Y.".s�c. state of Or anon, 1� -S°p0,.pW AIL NW BY 17050 BiettOli a,That David—As P lla and Mahal 2ateulle,hie wipe,P.F.0(ynd and /SS 16erreti 1 • Agnes Aynd,die wile, and 2siip J. S¢leh, g e0 dnw,de make,ideate and Col ter the art atbed map or . T•9I5 OPM,I;'IES, That or.thio 25100 day of Feby A_D.1909,before me,a Notary Pao- ', plat,tI lgaeed.Fry 3e0lion twelve(12).Ttwn,Ylp two(2)8000)1,Pallas 01,0(1)'Peat,i•e).,in Wath» 110 in and for Said County,personally appeared R.F. Fund e6 agnea Eyed,his olte,tc ma hmmn to i legion County,proton. t` 'be the Sdortieal IOrsans deatribed in, and who executed the within inetrnten0 Wol they 04250nledCed ria above named Devld A.pattul.lo end gate,Pettullo,his 001¢,R.P.$vnd and Agneagnth hind,Ida site to we that they ehed end sealed e.sem as the$k true and vlhvOvlaty ant are deed The the uses and leery d.Smith, a sidaw,do hereby dedicate to tyle public the perpetual net et the roads es eat sad purpo nee tnerein mentioned. I -forth in the attached mei of Idgawuad. WITPESS it) and Official e0el the day and year last above 1110561. 1.11t the record,a.-e shown on said plea,and the lots and plate ere or the sines,shape, end di- C.E.Woodson ` talons es thug,-show. al Ordinary eoregreroe narks have bean treed in designating the diets-nee.it loony public for the Stave at Oregon. cicaine, old the lots are to be lclown and described by the aubbers, se she.,at the atteehed Sep•Oil State of Orogen, }55 Initial point It telt plater exro'vSe at the e Ar of 8ectiene one(1),two(2), sloven(ll) anon d County or Ber- ) Tk3«3 CERTIFIES,That onthis 27•day at FaO uary A.5.1909,before vs, I twelve(12),Township two(2) mouth,Range one(1)West,5.').,and is on the south boundary lime a:0 e Notary labile in ono for the,oeld County,peroonallyappeared Mary 4.smith, a thdom,to ne ben.. I Lot tour(e)in end or Fdahtacd,0,11 obelion South 19.37'Feet frac the Southeast corner et said Let to be the Sdentieal persona deaerl:ped in, tad who executed the within inotrooaent, end they bno led- r(a1 and ig marked with as Sxon gun barrel tirm1,7•sel Ir.the mound with aBe eralpltoes of gad to me that she signs.',re abed Si,acne as their 070*A=4 voluarrry 6th 5110 deed far the PAY. trek.trick around it. ane onrpoeeo the cin meu00000d e f • _S W100) 8 ar.:MEOP,leo bets bereunte eco our hands aid 09018 this 23rv'dery of February 1909 WITNESS try Cared�}]y ofticla1 sea)the day end year last hove written. Fxsentad in Presence Of: David A.Pat0ullo e. .�M.." Seo..00 tOtter As to D.A.avattvllo (Z.9aikte Rubel Petrone •"ll..'''' Molary Pub110:or the State of Oregon • • `bah 10 Pat—tulle I C. Y.nosier A.P.Oiled dl 2507.7800 CEiGi FICATE. Aa to R.7.Eyed ( c.E.need... Vmann�xy e hyt.a, 40th Stets or Cresen ) Agnes$ 'm tai 1 ale Abt tiie NA# a.Stith Wee0i�ea tCounty 1"' S. A.a.'3arr}ll,being t'i0At duly ewreP dB-posses end say that to Surveyed' ae to linty..iOlth (...Ger.U.Poets: the subdivision of the beryls described in the dodloatiem of£d4eweod,shown herewith on Plat 50r-ered ( John O.?otter Ihat the a .. aeL diaterseg 00 told .bed Plat a: obi d true.That he eat stakes proper ' State e Orogen )„ iy narked at each ler 0011,1•That the irltiol point at said survey ie at the corner of Sections 1- COUaty of Multnomah) TFS C0TI`ri2S,That on this Sold day of Yeeoh,x.0.1909,haters me, .?---...1..2•••/.P...T 2 3 R 1 0..2111.met. and Os en the mou04 beaadary line of Lot 4 in and 0t 5Agav1dd, ' 1 000 sri Public In e.00 fir the said County end State,peroonaily appea_red...David A. ?iridin end!:,bel 8.18 aha S.Ii'37'W.from the Southeast opener of said Lot 4 and is marled with an Iran Sun 3,..1. • P0ttm110,his wife,to me known to be the Identical poesola described In end who es.tented the within firmly set it the ground,stole enteral pievee of broken brisk around it. A.1.4or2111 Instrument,end they ao<nowledgod to me that thor signed and tasked Its ante al their fee and volun- Subscribed aid rn to before me this 1701,day o£debrusry 19(19 tar"not and deed ser'the se.ami purposes tnere1sl -..rireee, (Soo+¢. J.W.Bailey • II Wl001h01;ayiia S.004 0(x10311 gout Ute lap cud year Suet ab-Ona nbitte• - Cour y Clerk of uaah3 area County,snag.(gga I._alkle 87 ms C.Lada Deputy Notary PUDI.io for the ne.ee mat Cellon �■ .. ED L ® 1■ A • El MI•• • • • ysl tcvt f}(+� p �J kSned and Apposed Thin as day of • W,W M lVW A•g,,g>0©.D5 bat.1909 • _ .,.A. Goodin Scrota andge • • • }7 u!$ c'J r IN o O V1% lSVo1Un _ _. Vex Crandall County Loseaec: d- A.Jexs1:3 Ccunty ob.-ewer • • • 1 w a a4.-e t Cray.,'.II+aM �w�. i ' Attest: 3. w.Salley Conary Meek • s I �� • ',,..toef�E} u�r.cyar• —�_ i �;�, �;w x W ® C) • � I' 9 �` I • • a• `-� 17 I4 e3ix e.n. O '• O 2' yV �~ Ifl A- I 4t.a. lIE. 4 .` Ona. ..cl o E, Q. • ( il N• CS e ,yl1 i l -atm . �•� • S • c, i::tn. ,.,4.... € y'.i 4:. {.sot Pen, _. ; :-.( .. • • 3 - Filed Pio IIocaxd batch 4th 1909, t 1—al l'olook y.a 'Willie a...1..4 Recorder of Cbasey000cea ` E 1 . ... I �! SNEEY 1 of 2 BONITA INDUSTRIAL PARK 0 , 0 A SUBDIVISION IN THE HICKLIN D.L.C. NO. 43, IN THE NORTH 1/2, SECTION 12, ) TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, 1(9�.�1 a WASHINGTON COUNTY, OREGON SCALE 1" = 100' OCT. 13, 1992 ""; z -X--A4EN2ED 135 1NTE0004 MONUMENT37034 83110ALNT PEO DOCUMENT NO. 91/9005 LEGEND • T O a _F 14-5.-LOANER NOT SET 4 SET S/8' X30' IRON ROD Y504 MEOW PEA5110 CURVE DATA A CM STpN40 'J.PETERSON P.L�S /1055' Q .Au 03 - A 190054,54H2. AND TRG M=5/6" N]0" IRON R00 1001 081E1450N CA TO RE CURVE 0LETA RADIUS ARC 204080 TANGENT CHORD 42G. • STAA4PC0'PLS.1458= SET 5671614 120E 44100SPECWIED H SURVEYORS CER11FiCATf ♦4.FOUND 5/8' 00 6 2 1 0.40'09' 1736.73 40,19 10.16 5.09 4 14.55'22'0 • 0 =SOUND IRON PIPE 015 NOTED 2 5'30'22' 16,62 25.60 25.60 12.60 N 25'32'38'W 1--. L] is-SET 3/4' 8 30' mom P84 YAM 2' ARA65 Disc 3 13.31E08' 2567,18 531.07 53074 267,27 5 34'40'301E Q ce STAMPED'PLR,1456' 1 YON.00X 4 Ler 09'54' 1736,73 509.99 488,37 948.63 5 1 5'50'29'E ' ` O .FOUND U04UMC01 005 NOTED 3 23.11'S9' 475.00 52540 224,29 114,86 N 15.45'}T'N n FOUND 5/6' IRON 900 Yd7l1 Y£LLO•d PLASIIG CAP 6 13.37'61' 475.00 113.01 112,74 58.77 N 35'10'06'W Q. • 4 G? \\ STAMPED'4.PETERSON PLS 1856' 7 16.2r 49' 2116,26 604.24 602,19 304.19 N 33'4e 22'70 ALL RCN PRE O4AMC1301 ARE 1850E OFAMETE81 LOT/ 701.72 4,0202 NRC CHORD 7ANCFN7 210400 0RC. ; �, {1 N.04ECflAO OA761 1 16'5358' 506.05 166.67 166.12 88,51 N I0'32054'9 5/'13 V\ I I0.39.59' 1736,73 39137 322.65 165.13 5 07'05'31-'1; I c2 25.60 �'2 .E\ 2 8'1"0'I7' 505.00 7976 7/.69 36.44 N O4'05'37'W S''4. ' 4 LOT a \\. 2 0 20'SD' 9257.36 53.08 63.08 28.54 5:e'35'53'E 65]2 y ' 0445 23233 5F. \ ... NORM 13000 OF J.11610214 0.LC.NO.43 2 5.29'55' 1736,73 166.67 166.600 83.40 5 25'16'98'E -•---t --, - 3 6'22'50' 60600 03.67 7350 3700 14'7'37'35"4 ''',":3•7.o. 't."-'3 3 5'Or 08' 2257.3E 200.37 20030 10025 6 5,'44'S0'E • tj4' aq`'1E N,S. •A Id' ,_ 4 5'1501' 505000 46.28 45.'25 73.1543x'21'31'9 ! s3";;04.' 4 0'25'28' 2000.70 15.46 15.46 7.73 N 41'46.040 9 1, m'tea D '0 09� \\)c+s 4 '32'22' 2251.36 020.71 191,70 95,04 5 36'47'2S'6 �, %' ,44- p 5 5'0654' 8066.16 187.51 Ie]A5 93.8214 33'S9'O]'W I 5 2'1 Y 28' 257.3E 66.77 86.76 47.39 5 45'19'30'E 1°;,,,,.9.45' 04441 �d55.0 ��\0' h0 0 5'30'46' 7080.16 200.33 30125 1007414 33'30'50'00 13.67 t• 9.p0 p\a 4:4 ' 7 3'12'31' 206E.16 116.86 118,85 SBtS N 29'I6'45-'W I s' T ]] 7 69'00.69' 2,2.04 30.11 2032 07.10 808.1 35'C • 7 l g. 30538 S.F. �\�, t0,6`4540240°"-0001.1° 5 82.40'48' 63.00 88.50 78.28 57.16 N 63'34'01'6 e°' OF 6 9'Stl 22' SI6.6.T 2'.660 45.66 }gep N 25'12'36'9 q0\' \ -0104 0 74731 0E0E1 5400/15 ARO 35010 TANGENT 600045 000. I 4 \ A 95'55'45' 55.00 12.09 81,70 61-00 4 22.20'1 W I 'PQ' {�� \\ B R 1'10'05' 8116,76 13.87 430'7 219314 75'02'35'9 0 1'1 O'15' 2146.'18 43.07 43.87 20.23 5 25'02 35'E Yom\ \ '4 61 ,14.\.N. `..N 0 16'71'20' 2544,10 612.61 610.74 308.30 5 33.48'22'E 1156A 5 13'37'61' 451!0 105-67 005.42 53.19 5 35'10 0E'E \\\\ \\‘‘?.. LOT fi \\ CVy u 7311'16' 445.00 210.16 009.19 107.21514'45'321E o ,v.,,,,„, ,,\ r 43563 6f. \\n �9F' \ '0 5b k!2\\ Ar '2" ''U 7g\ �Ly o .n \ Sic ''''.4`4, l//� 3D w �'` \ .N.S. 4 b41A 14 00.30 vN 1 E0, 1 i 4r 5 N 26'x61 30'£` O CETn1L'A' 1i 0.05 0 TRACT"5" \'•\ 4 \ .. *e\ I x42130 4,1 \ \\\60-\ 'm LOT 5 \\ C1i\\ \ 5.0 43862 S!, E" 11yAC7'R' ~ 15.(6' O 750 att \\\�\ rQ�\ 155' \ 1 it P.GARC 301 \ 'Tax ° ]z R. \\ - k ,v lr` GREEN041- \ 7 00008 SPACE l \•s.., 51'''71 �,\\ M 30'5EWER EASEMENT PER!3 r 1g0 '# \ N' J BOOK 1064 PAGE 575 L s \65\ \ __ 9; o m.,, i M1 4 RaEM4 E003 304 0, \ \ _ _-- l .:,509,•:--,11 r<21'#0 9 '�0 46 :. e5',7'a3'i+ i AffO qe�PAGE 369 \ S Lar 4 \ \ acd o • i--1s�1 �,W`-`ab-,-2.,_,,_,,,, \\\\ C 43561 51. 3 \` - 520:-_EIIV 5359, 40 1' 1 8 sae 14676 o 5,' o i 9" - _ - s'DE01c6ro9 59 00000 g • ��\'� 'Ni. �'1\mss _ s�� ,�\c� I � \\\ �t`85 y. 0611 X5.0' h M Tj�\ t\sjROAD �\ 4. 4 89.49'25'20 356.96 0 ''/411\-.'...\ 5 4 �'41� n S.W.$,}y, 6 014,700 rM1� 7y' 6' 46' -'4:....4_,.., '' LOT3 �1 QV.Sy33R 1.3f:--0,..3 \ j\\\ as .(3Sg�' 55957 s.r, y0 \ "?'TL�5� 240 0 �pF \ •N y0 _` `0.0.480!. Sit 0 f) #, b d \ \ 1 g4.46fp0 .(2 �fl \� m \ • • ryyaa\� 5699 $1� \ 19,5 '9' M•\tl i NOTE \ \\ ,;:x X• 0\, \ 201 2 "8, 1 HEREOY CERTIFY 1"1071146 50,4640515 ..qo,F�� 'c\ A TRUE ANO EXACT COPY OF 114E PLAT OF 016146 0.ENO a1 THE 15 FOOT SEWER181 [6100+341 WAS WESTERLY y \`?� N \00 43548 .450 40-' . '0ON51 INDUS7RIAL 2 1f' 514 711E WEST LINE 472,05 00X7 040 PHLRLY SROM THE AESTERLY #a \ \ [4 4 { 431 O >'y ww SOU74WEST CORNER PER 6001:660 PAGE 1105. S0. \\\\ "8 )f 145.1, \ N`J.'.. I 81581774100 7 070 Cr 3H£642EUENT 9s HETO THE P4Y51CAL 310106N '43, .41:05\\ 4`''' Y}5F�T6i,.`8'059 611 GC 3422 \\�L PI M.72TEA005,3,3.5. WERET•1616 7640,471014E 1HE THEWEASEMENT Ne 84 1146 EASEMENT. WEST POINT \00\11"22\ C \5• 4 aEfEE1'P0 NYp OF THE EASEMENT RECCR0E0 10 00040 57$PAGE 345 WAS 0510011504-• \ I 9 Yi30 46 9' EO 0Y 140201140 THE 3051000 OF 74£MANHOLES AND 11405 114730- 00 ��\ 1?iR - �" ' p1 E y7'b,,�g1,o.\\ '.. • 16671140 5661 WEST UNE.0550 660 FADE 389 006081E5 10 NE 0281 .]k \ m u• LINE Of soON 576 PAGE 345.. 1'�i , Y523.01 \�, '.L R 3' m rd\ nos ML010LI WAS USED 00 0167 THE 44714415.£5 WOULD FALL WENN F0,ER 7.00-+ A \'‘,470!!, �vR VO 1\ 5c 711E U1475 OF THE EASEMENT(OCCUPATION).114E 01117644061 845610-x0 N 64'59'25'0 \ ,. ,. p. 004503401.0 Y2LL EXCEPT 130 THE LAST COURSE WINCH 15 A MORE P60 0004E0 to T^\ N - 100`, ..3 OR 1.655 01ST474CE(230 FELT WORE OR OR LESS) 24652 ..41 '2 \ �o, 8 _ LOT I , `0 $ 4,\\T'v� ,.1 q 66,64 5.F- r" 1I _.. F0.I.R.20.00 4- \\0^\ I N 64.59'25'[ r • \\ 1 ':DV, W PEA SURVEY ; \ {0 T 03' \ sIeA46P £qs�3 a 2433E 1\\ 1 30 S 94 n M PROM THE WASH.CO.60 SEWER EASEMENT '') \\3 W�,2.. ro-3/4"LP. 5 CAP AT TI4E NORTH H4 TO/11440[0 r.N SEE\\ H ?. 5 Ol'2'2'S6"F. \ CORNER OF 18.67,014 12 00044SEWERAGE AGENCY ,, 932 FO•1,4,1,24 60541064 PAGE 573$,'0 6DA"-'`\\ .8b 6v'Qi,g N08'29'14'E I. • SLOPE 66064080 7\� h _7)30_ �'�'�'5'405000A0019 70 PVHUC G,,r WAVE 00.DO06 -65 y , j 209.20 5 D(0 1FD.5751'La.N 10'06'38'91 2.25 PO,CRASS 569075 AND ------ 115-41 K 0 60 56�?8 /, FD.WY OF 706690 796 PAGE 351 174. 1A0 01.1416300'PLO r0 LIT'51 110.'0 2001°0-Lt 5 89•I Y 03 W .-,,,,18,0„,5906.11A-:00)6,00,2 0 09'IY 0'W-r BRASS DISC IN 04ON.402 0655" 5 08.37 35'E POINT RR_SPX.STAMPED 123.89 CO)1! 0^" _Z 0 �2 '30--'17 16.00 PEA SVNVEY P5,5.IbST - --""-" I.R.0.32 C 24032 N 05'12'II'W r •• 25-00 5 80'47"03'9 8 •42 57'W 3 01226011494 70 306016 30,00 5.00 V4 .. R c4sTEReo p�DO DEVELOPMENT O r - lJCTION PROFESSIONAL LAND SLIR321,00 • EON5TRRVICES • 2724 S.E.SUNFLOWER COURT • OREGON 1801500407,OREGON 97123 9503)640-4559 • JOHN M. f;-_'TERSON "'.. -.... .• • .-,-, 1596_- .9m ', JbN 3'35„0'1% Fr j. 27� I..: Il i les,® p 'aw :;l� s t ,, -;.. `i { is C ' t d I 1 # 'Y.a �,F .IT1• f, (1 I Ii` 27g� { i,. .------7.------ ' ____ � ' _- ' ,i i I, L, .. ;;� Si i I Rrc3 in hie meeen v tied-in ,tie-prasanca=of=aaoh-atLor �� ;I 'L V /'l ti! ' !i N e i �Hrritt D vial I naflgn 4..1-o,s�rlgl t, Cittand- in-la- to-to=thaio11an3stq�?saeiDed eercaliS of�real a ' 3 A 0 CmtdlE C 1 ( , t t �D'ft 0,11". tSuD Abad' d eeorn"ta D Yore moo, this 2$d day of Dece¢har A I 1911 f % It estate si lusts Iiri the Bounty,of s7 ''''''-'7; 1,gton and„raW aY Or B n, too-?ic>Hegirning t '. 1 ', // - 1Y 11 llusheY'; i �I � , :., 1 335J5 lt: --_ "County Judie I," stupe to the county read at:the W c2ner.of ti•dnar 6.00.tee lis,tact in the w.0Y:,2ahan 1 i I iIt1 9D:O1IIHTY 0505 CP`9{E'6TATi OF CREGOO F'OR 9D7'COUNT(OP MAR1011 �l ; # t-' : ° .. I_ ; e .n the natter of the EntafA of H Ileollan Deceased. ,D;i, C !n Sec.:.l T 2 e R'.1 R of W...Rami Nance waerar ago sad Loon :Road to II i I:::::!..' i d' spry. , _ r ng 15 ng• k°,, j CTAS OP ORFA.ON i� • i ( !•, `I, Y, p I S y r { �1II � � 1� "n1'ldarfon.,�...$S. VftLL �j I I itsintnreaction with the Dur Mill rad Arne s' :ha el Road.'Eaenee soutGerly along � ,.y. li �;j � .`I� ! certSPy Nat the wi raft.xay'riceived and duly recorded by ma in Sf[ricn GCounly.Records; � gr., Ii '� �!,` SI � E a ' FrI s ;i 77 111' S Baok of,Wille V I 0 poo 0 l on re 23"Y of,Deoonbor d�d. It;� I 1 rsfd road,W'Yqe 11,S.Corner of a 41acI otsned e,y Haran hang,#MneeIaotriy along idle Seryl t i , tit :,., .( _ i R.Do A11en County Depot I ); r , 4 ; -` i 77Y + II;Hebei Gromnels,Deplty 'ling oY Sd Y.1 ng 4sot to the 17,F..Corner ttareof, NBRm souN�ta Na S E...cornor oP'V�I" i1 ,,$f {{ s STAT.OF OREGON • ;1 ( I- II '' " u' 41 !{ "I{: 1 f { Count?'"of Hari n....�.bO. '''I' 775 i traot Nssiae(Fast to Na blob.corner.of Richard Keuviealand, T.anne South to the S W 01 �).0, 4€ d,I•y• i I,0.B.Allen,•County Cterk,for the rioun yh of llnrien State oC Oreltboo end clerk or h� l (i -I - 1, { corner oP S7.W.C-ehama clniu,Lhsnce East 20.00 chs'isore or lass, to Winzlars land,,Dance I ti { • G I` ' # I A too County Court for'said Coun t and State,do'hareby ser tit'that Na 1-ol agoing;tans- - I ;11017.": 11„ !z 1 r 1 1r. } I f N. ) , North 2)00 c�'� thanes Webb chs to the 6 W.corner of said,}lldster k florhulia 4eat r ' III -I erupt of win end proof of 9011 Ottate of Homy.lealaann has:D en by re I�pered it§'Nes s 160 "i!%` 1l1 �� • � l thence gotta jC;dal F'26.60.aloe to thepIaoa aY Deginn in -contalulxU,1:15.;:77..."7,7:e4.... I : ', j,: original and Nat St!e n true:one acrmect Copy of said original Will anrl��proof of 2111 7 j 'I, or bozo:.Ease td - F ! lv ii, Ipl r4?Yr,�;said tract that certain x.75 aa-•as haretofora deeded to BIaYm'd •I aL- s I I ;'• tlw. ) Estate of henry l:acmrn end of!tCe tdtble thereof, ae No same appears ofii•ecor• d Sn ry I j l,;,Bnil deed far •waichis recorded on psQe 205,DooY.93"record of DeodV'iIPsor i7as.°n toe11 1ff• #rr j`( ii _ 'office and custody.l02'110050 ge orad end seal of laid court, tate,•27 d y loft Daoemtier 1911 i ( Caun Oro on#'slso eace tin th:autharn paclfi0 Rait 05 ri ht of, nd tl,e Ora on ' 7 v�r` .flj I R:D Allen I'1 C1erY, f E I pl gS.a s - I' [t ,.g +,.� ea ,. , Mabel llennal a lbputy 1I • I Eleotrio Railway,R1'5t of�Way,tDrouh said',5¢0.100 20116 AND 00 HJLll$E DAV,:to Net IIf4?I' TTI $. F f Filed for record Jan.29th,•0112,,at 9-30 O'olaac A 1d pi I - r v - I i di' r '1 f �i1 •"E''',perOlnd-Recorder or a ohveyancoa,By 9 fl liurphrey Deiuty ( I �' g " " 0 .... viii in 0 "I i rllt :.� g-1 I 11 ( I with all an7,singular the tiered;tanents anG,eppur t, ,.., th9reunto,,,Ir f rerit 1y ; I�.. it 3. t��'r 1;--Hi!, _. 9J 2 A HY0E;0'02' 'ID 6,5• , ;s `^ " wine eppertni,iiaf,to the said t! I000I0`and to loin heirs ant assigns feTOVBL Y RIT- :{ l- tt t d 10001 Alt,HF11 BY 07150 pRESFn112,Peat E,'jd,Ilyde,rad Cold T Hyde his�1IIPe1 of lswitil j Il ,1055 W ARR1 OF X070 have hereunto et our Bathe avd coals Nis 30N"dsg of Jenuary.0.Ba 1912 t h 11 age-1n aohaidaeattonl.of Ono("d1.001 Dobler to us paid bySork Cox!do 107 a ,,,remNoel !! at 10 o clook inforenoon rt said day I :,,a4,-6%111'L'''','1;-',1,', � g �l' ( �sf�_ \ii i 70:::.; i ^I I.:;;,;111,1,1-:::...-11, i� -,Lt,,,00.1;20,' i' Iji 1 ii si;med Ssel0dend Deiivsrod i3 ,. I il' s � �1i� ,, „Syreleese orad foiaver Qaitolain mato he said}lark T, Cox,nnd'.untC lobs halts mid asalgns,all ) 1 �o�� h � f, i i I;- r f i n Preaonce ofI- Rudolph lhmriker I . I� i 'I '. I. So 103 f..,_Rnnzike 5 e 1 _ amt rigrite, title end interest'' and to 11 that parcel of real estate a),tun a� Sn County [ ; y;'p pupa P lr (( - ala i �) t• Il I:�� 11 : E ; StB Bump •4, _ U ) 11 a WaehlrBton state of O egan to wtt II Ta 11..P'.p trier,of the 1 F Cuarta'„ and Na IL half j Steffi of O ocl zrI � € .E , tli, 1 duns of Washd�gfan oto , ,, i' v�1 .1' ( of Ne-S,E,p,tarter of;the N.E,quarter of'Section 91x(6)in•Sbwnship OnO(�)South,0an,e 7 7f¢,ffhainsH ns:'ihaL'on Nis 30t~r day of Ja mer'`A D 1012 Leit ya a.tVa 1, it i5.nad -.5 .t"i 4' Four (4).Soot,of too 1•113acetta Her1dian conteininh Pif -nine 730)coredof•land,0000 .il `' F 4�y . �t r,,,,,,.,,,,ii. t I1 f,: i i(1 � = L;. II • 7 a liot-,"PuLiic,in att]fm'-Ne said.Couttfyted Stan to biy;appee.ed rho piihia rg,,,,,,. Ri ••50 "F 1 .l.: or less:-ills deed is�'given to 0,101ue tea claim of,year1695. CI IIAVR,a:, HOLD No same t lig, • - i Rudolph Ilunrl ken and Sophln 2.Bunzikar .,:''''''''3..„:°1',te to be the 1.d'citite.1 arsons dnserlSWdtin^a� r 1 ` '005t35I ��:' _, l-l.: : Ii I 1 1 7 • j00 I:'_ a, ;, rr p - 1r �I_ C,. .1.-.11 ht ;1 w1N ale the privilepas an0 app;cfaru007ea+hereunto 2 1on6knd to the said pturk'r,cos,and 1 2 ant was eaocuted the anal:Sno nto Oc,hood o.Y.noebedged tone,pastae'executOra Wo err,a,I:!l )I'f S � ,.� r t I l ,� :. f l '' to Yid loeirs rind 05s_Ipte forever 210 0290099 AIFR1AF rre 001va ho-eunto lrot our beside and a Ul rrzan?se 0RE$e0F i h ser unto set,5 Boot a>,i Noreri a1 tae day ad yeoo 1 t "1 I 4"'. i Y ') i'° j .'. i IIF (:. L , a 6B c II tr , „i r 7 }f ", Nie'.06th-day of January A D 19124 E.;A Hydo 't • � - above smitten =� • I' �� i V Tl !. ) '' 1 e I I� , Enema 0,Hyde'," j `t ( IS B B fC R t I' s • ...',..,.1.1 s w ae witrieeaas p)reeenae aP I I t, da-1,5.-.- ;:';;'"),. .,� �{ Shined tested and des!rated n iho, lwPx notcy Fubli Fur 0r ion ltif 1 ' .•• I I t:, - , 4 Ii..: Y- rord Jarawry�ptn ILep st 1-00 o`faY,0 P.l{ 14 j2% I f}i 'i R •f Lotus D._Langley , ' h J I ,:i..1.,, - ! F,L,Parci'ns,Repordar of Prneayanc i',,,',...?I !• a ch4 G.Langley • iI 1 �p By O..W Humphrey�'1ioP tyR t -. -209;'00 0RP40N,,>j r ,r � 11 fI_' I.". „ � I pI,a 1j: Count<j 0f Hulfioma+I i:•..SS. �� 1 { 9316 Vii._, N.POOLE TDA R.INN7r1'FR,ET.IIk;' r y ti I '�r e:', '" 9 ,. I :, fore;':ie,'" p dH00)ALL 510 50 7f�5 E'' . - 1t a r dHIS 102507105, Stat on'thdS Otto day'oP January,A,1):: 19]2 Ds f .lu i,.. - rlIII ,PRESENTS, that,l,;"00,N rend; ,i Hl Ilt!ad inker,hi.arattoa of I 1 ; q Cha vndarSl gsed a,IotelrY Public ir,,and fart said'Coun and Siete,persona lI appear'ed tris wilhj 3�:. ` °.. I, t ? ?, } • of I. I 'i' �I I Five(15.00) 0allars to 00 poSd by Ruialph Minto,th and ao uda 0,HSma ken hisnlfe,dog , 1 YYpg h lit'''. .� "!n boned.F..A ,yds,sad Fila T.Hyde,ahs are knoom to me to.be Ne identipal individwl I I,., - ;j. ', p.,; „ s!z 1 ' I 147.4. i 4:411 ,r E - '11 r in g 1 70(0 !they g,i ! heroby remise,:.bsleass atriaforever pUI AIH unto the said Rudolph Blnriker and=Sophla d.`j', t"i)yt. s ansae ed in and who :, c,,sd Cho. than, , •..• nnd'aolmovAed a tons toot the I 1 -I i( ',','17.: .p +' ,� 0.1 . pl(1 lF1, .. 0000lher m004000 and^wife0Rod 00,01 theSrlieirs ant assigns,011 7 rt91S,00010°and loot-,,,i� �. - executed the sat IIll'ff.STl11015 W1IFStrOF, I have horeunto Iet hent arid,'hoberial seal i) tt P'. '/,''''114i,0 ' I' 33 eat,in sal.G'�th S lowing de SSb d P,arceS 4 Bal ,i.,1,-;,136A66... t 1 tDa ty Y Sus'-.; f;;;;;1 1 '.th0',1,� 41d rydar idet�¢Dove written.' V;later'.1510 091 I4 ¢on. 1 I.( d , I L r .I 9 f:. r �. • tsa/-a'`U (� if. f f7 ,,. Latus i,5110 He I ! Con and eG 13 of Ore'on ,to-wlt,fle imf N Bt a s"ne itt N',--00 un Riad if,,tits,11.9.:' V t' �! -T-074111 fox;reoord Januar 36th'1l912;qt 1'` �1�1)I ` I ,.,"I t" 11; a '} O)," -:I I' F.L:Perkins,R9not,3er or Cane"Y an a eek Y O.v1 H000porep Deputy. 1t"' �oTner OP''''dD 1' 110..�1B119 SS8oS+111 the W;R ad to D.1"116:.,41,,i,':',,,,f1 T 2 e i.: W: :;•.0.; 1. i';'-'1.--'-'':- x i ,, (, 4i it Jq ` t•', % ao .t?f. ' II113 ); , '-' C Running;Y10000o I oterly along std County�Rood to its Sntarseotia 0.5111E the 9)rhameli o; -#"•,�t! I i theace'. : " '' e a G ��jl' r 1 Rudolph Itunalkar et ma "to,� Sr17 Poole _ ,, \ J 1 and A¢e a' Can' Ceaod S e,:; �� f.-8115 +%I 1 paN , {?uNarly,aion3..:said oad Sc Ne n W co;n9' of a leo aensd [ j �fi1.�. .11:,,,,,,,,,.4..,,.. ..,,.. :.1„,,..f012 HFN EF udolp pRFSONTi -'hat pro:P;to,h IRuafk0r lea So Yfa 6 p,cake-,'Pueh ,. ) , t'nd•�� n j f 430,.. .,:_7_,,,,,,,,„; • i C; S DTI's!! p P and i �= I by,Marla-ting ':N ace p'starly aiong'tDe north].Sne.o4 said KS tract to the ti 0 i,.: II .�`+ t("' F--- I' i , I, n8 COS. I k ';lt " "' - si'A i# illirlt ' „1 s, thereof 10enet4'r oW to.,:tat S E oorn0S tt. ,t? .11. "' } u, � 004 eO Soo-0.7.11;7'1','1Fi e'(A5.00) n Hare-tore a3,.b S N �{ � kms ' ,^� � ,l� _!. jj': V'',:',..,::1,::',' p, y 1 ,let (Earl>)y`i.{# }j +: 1 4.t a1d tr t �Ya,Il ZFn tt:.�*heuF C ,par YRScitartl%,17 as land f'LhanC9 5mtt�h.ti tag-..}f�, € � y'. ` F�aiss're19 sn '1 1, I ,;I','di I if PIF 1C, Ms. J e,0 1r-a'bo? ova: 1 } i ager Si is1 ,u1t0,319 a 3d 8 N,119 i,.fid unV,.1 l h0irs 1',,,'i i p,,i i,1 .5,1. o1r er B i.91t Gnnha)?s;;t1111#7,rhsnoe east 7''007 is.tldr@ or38atid,,i;liii!ra,1ari11.r_ x 8`'E ,-: J 1 : i ?s d Sar .. 0. 1- 1 ,II h x a� ; #V4 I ,. '(( :! #ip:„x .,,, >h it:- -!1, . .� cs:r v ,l w n � F. 4'F a 5- ' " &t4 a'b I.;�t, 1st ;,d 11'2,1'0' 3':'''',,''' ;I� 1 {ill f(13 thonse 050 �P 01050 Nen139 IlBOt 1T111tOe,W ie� PI n-i' ,,I r'_'W�t -.a } _.;_„ , e•I' ... ,,t• { , s �, i1,P1 r 0Y 47<1dfi � 7s NGelnille �,,�•b1: x (p { { �( ar !; 3 a > I `s` t s �--11 '( F� • jv It i �x I , 4 It _y �S �'sx ' 1F��el 11 1' -y.. t 1 .. ..a9a ..... ICS " . ..... •_ ...` 1 .. ,. i - �+'sae�mwmm® •{ ) I s {S I, '1 1 ' 'i'1 a a i,' 1 • p , t 2il72 '� (�! 1:!' '1 If )" ;q` *.-.>'''''''''''.' ,,'-' r ', ? L f (.�{(� I I { i �' � O t' 'I � f'�' tri Gf`�' / { is �I n I 11 1 .1 { l`l ; - � (I1. ) ° ,•I F L' 00( 1 t� ,' _ _ .I 1' I '1 .- - I (t tip 1 I4.i taotT ikafirt5-30 deg .'-%60 oho ao Lha place,716Wnnin n,te3iin( iT5`d`er-BS- _,_ - _ _r i � ��) more or less.Ess tiro framsnid''Aact'hat�ear fain '1. 5".1 Ili �{ � � I , -� � �� l� �-�'� ;�� --I�.. � �¢ c.. i` rf [ • en 16 7 acres heroforovdeeded to Burford { l; ExecuI d in restroe •of •1 � r r`ry �,d (1py • • p 1 A.d Hocken (Sey� Fl. ,H i WI tt•' 1'" 1! 'l i I' . " naso Hooke. ea , {•:, f 1 fi T I '$8 Boll-&tad For which is recorded on page 205,boc 93,reeoed of'deeds:1101P Washington Connry� Little E Hoekanfi 41,'. I j Railway , "S.di KlSnx €I ,7 i, - {),I, 7Oregon;oleo esceptSniS'too Southern P101010 thed Oregon p ootrm.)W yl11000.nd e 1 1 '00 1 11 e ),,.. "1 1 Co • I6ts to of Oreganri0o,mty of WaeiiSnglon"55.' i. = i 0 f h i �`� � ( 1�� 'i IT,HAVE AND q0 HOLD the same to3ehter.with all and sinular hire ho 0511110ta any appurtenances I �c •111hat 1 w " )! fs T'n1i CEyTLFIES, hnt en tTi<,the ix,alfth day at April,A D•1893,befoi¢Sha ' F, 1 I = itenaavnto belonging,:er in strvWiee...nn pertaining ee the esid PiIdaiph Hunoll,or lend 000h1a G•Its;IA the 0005 ed. ad,.e Tota PuD11;o Sn'end•Yar sold town end tate y eppnar08 the y, 4.. d;i } ), II -- Ir r, gi ry I,, ti' personally l�, r ) ;fl : ler,hueaand_and wife and to their noire and assigns f rave ;IN YrIIESS)NIIiFOP,We have her 1 ikithin nerved W. CL Hooke.end Ihela Hooker.,his wife,to ca known to hs Lha iderlleai p .,err `'j I t it wn+a set-L.-ow hands.acrd Beale'h of 3180 day of January A.D.1912 at 1pak�in of ternoon of I1d 1 _Idnaarieed.Sn nd;l „ .• - ')t _'� '�1} I 7 �B tired Ips id Sa ins tame t 6'�arknonledgat Lois Stat Llai'exeeutaE ate f, ¢9_,) 11.11 ,v) -h. aeY• .'' 5,11 bole 1,11"�Sba ,'-ll'i 1 Sae freely aI V0luntarlly fit the tont end urpoees•theraim sent5ited. IN TESTIS04YIh,:.,' N I_., dr.d healed and Delivered In Presence o`, 1. I '1 I P III - q ``jif F Ryka - • - r �11 jWHEREIP I have rnreunto set 03 hand and at icier teal the dayendyear last.,,above written. � WI., it H.9.H"mp I 'I r J H iSTA'h1 OP 0REG0N, t a i .II: I{ )< 11, tJ Ifs. County of Wdaeington • So, • i s.A.Hltnk t t �{1 If 3018 @fLrPIFS,Tont on this day op Jarmazy A Dj 1912 Defore n the mdgrsI ed { �� ' I' "'Notary Aub llo for(htgan a AAA r' h1 i I T ) Sal Filed ;record,J�.3atD;2912 L 3 3r.o'clock P.Y. ) i - Vii, I• $ ( .1 E.L.Perkins Recorder of Conveyances. -' - t till 'a Notary Public"in-and Por said`Cavny and SB.003, peraoraily eppaared the within Honed 11,17 pools • _ 1= >„" ) n 1 4 1" ia� G� - vnmatmleu'known to me to Do the_ide0itical person described in;:and boo esomiteil the Wi win in I 15923 'Ael095UTS SAVIV6S k THIIS'f CO. TO �v+ALTER A Ii*CotS ET UX o,,,;;;.;;;,-. r1 t 1991;1f! It 1:8trtmame'rth,,t,,,danar,r1 nnknmlledged to=tee that ho esecdted Lha sane `Ill 111"01060 11110211 OP3 I have 0 rounto ) 1j -. -; °' �� 1, ) " ) off ALL 0tH By IIESE'�APSEt7PS,That Ye^chmte Bevi3V e'&Ituet Coopaig,aG oorporation et the I r I dNotarialsealday° d rearlastabovewrlan ) 11:70n }t t itj,ggi Ii11 f v il{ I r I State of Orogon'clth it principal oftlee irtthe City fPortlessi,Sn ovoeideretiio•of Ten I'• 8 ,I i• r flL 11,3:Eucn I r -, . ,. , ,. t -8-.:,.-- _ j; 801 '''''''',11 a {'3i ae 1 "`� Rotary Public.for R ogow. '1d. Dollars($11','''''',1,,.000 SC Sr.hand paid by Wslter A.Hiaka aid Rut 0.-Hicks T1¢cif n;at Port Ili, ',d.1 17^ P11ed for record January 30th,1912,at 1-051,111.11. II jh "1 ;� .11 Ili+„;+ - _ E.'L,Aerldne,Recorder,of Conveyanaea . P i' 1 - r l'•';--11d; Oregon dame'hereby grant,bargain,tell and convey unto told Welter A.F1eke asci 1t� I)q • l 1 DY 0:7,71 nphrey,1>epaty.. i i t 1 1.�it ',- 11 °I / ,Ruth C BSoea tkeir hafre and aetigt's all th a:lowing,-,:, o A n Lod described real prapettyl s 711..!•.1.'‘ I 5918 . IT;I 11001812♦ ET AL • -TO MEtHOUTST EPIBCOFAF.IADP II I ` " j situate in the C,iunby of Waehingtrn and State of Ot Ion,to-alt, 'fa n¢rth one-tuft of lost i` ��. � � o.1 KNOW ALL ilN BY THESE PRFSENCS,That R.0.Hocken,and Erma Iloolien bionlfr ,jar Boavbrton; • ,t, j One(1) ALDRICII 9CREA1E,as per the duly recorded plat the, non?on file i•told Countq I r ,i( 3-� if S We0hlrgton •Co.,Oreton in the considerat• ion of,the out of One(„1) Dollars t1'+tOe paid by the" I+ f end Slots contHing 9.745,scresmore or 1e n together with all,eno elngu1a0'tfx0,tome-IS r` r1 a. n` 33311 111 �0 i is S , e1 1 n t I S,. •{i)'1%1' i,":1;',11;•1111'}' uethodiet Episcopal Cht;Oh of Beaverton Teva bargained and avld',end by these reeamtt do 1mrts„hbrodltav7nts aM apparteneneea th ere-Into belong. or in nnpwlee Wpertai„ „,„c„,,,,cad ais f I _ J 1 { �� tF< 1=he eby rent;bargain; ebb and coney to=sin Meth edit pi ,op 1 Ch h ienld t th it Xei [ I also all Sto on"ae rl gra,-'Itltl r.1 A te:ros in tel to to 'sante.'113 BAYE?1W 10 X9000 'pi! r I I 1 the 1:d eau' anted rmiseo In , 1 d -((�.� �� and avigtia for aver,the parcel of ran?eetatn ed.tueta,lying;ofd Laing in!�;lBuavOrton,iYeshmg- above)deaariira gr p =to the said Walter A.=1ISoks azo ih3th'C.Ateke3 t Sr, i IS t l '4r L ,III �i !A• (u H., d.8 c County,'State at Oregon,ani DOnndad and part10i17l/rib iti acre bbl an Fli tow6 to-wit:, � 1'he Ira and a Sgn!forever .•And M enchants ant Sating.6 Trust eosp.ny geaato cove Mmied d alit= 3• 11 1,,, 3.yu .a Addition to Baavbrtar.in Kock Ela esidr.blink Hair be S'7'''.1111,m,7 ovens t to and era th Wel ter'A.1: ew"tit.a Aicxe.t:',..',ore.®,,gr teat,yiel Tei t? van(11)Std th X.owner 9 )' �." � P i 1 �r - byj100 r231,100 ft on Eh,',1 ) I, P is eucoeseers shill:warrant rant and defend tb.Dove greeted 1) t {1' EI 3 1 longing Lo said ohnrab ribose neitioned,r.0 D 100 ft add 1 : Aorthside of 50 end,sail a Lha' it will and 1 t ;1 ; t j' prenleee,aN bv`iry part andperael thereof,againstlthe=tate end deeds"?of90eld anrox II Iy� 1 by 100(melting 75 by 100 ttl In trust for the ate of atdrhenetit of the S.Sni eLr and r " t e 0 1, j ., , i +r r t t tl 'f ,m V r hip of the leethodle4 6 copal Church in ton united fi43tea•o,AmariSe aubaaotyte the and.ati 7" d.1,a1 S g Dy ,Stan through:o,and the cold grant ",ionto add Gp 4 $Wa1Wr • ' 1ah ' • j): � Y (�c 1,1:111)�t r1 "`;dl hipline,usage&nitdetarial.appeintm011 Ct Bald Church troll 11118 to t1¢eloothd{Zed GdN A.Blokalard Put;i C yleke,,their heirs and IN AIl'NESS Wr�Rp17P tL'a� 1 I j{ill P .f# 8888 I �etiOI Das a f cif 38- 3 olar.d h 10 aId aloe 00eeOR en all he'di8 oBaI t I 111', A.itio 5 K g,a T L Cavpeny, ¢t 1 tl St Ao aro r Dir ao drily y`'� 11 { p P C k ab-0 1.allOCf dMCu HIE11''' '. V1830(IA 6011 I If A I.`k i 1 end 1 g lly aaap,�ea sea caused Lha preeanta to ri eSa y•its'Px 10.200 �tv ted L,p r,' ,11,,,.1;:c.:11:1:1 i. .',1,yRe4,.y sold dlaaiplln Tcdltbr with Lha'tenemtnt., ere 1,,,e arm BjpUCten.n Cao VarbUHLO 1 Dnlan3lgq;-ar Sr.alyvel a appartalning;°also e91 Lhe1r cotata light tit le!enil 1nierast, et j it' Atai slant Se3rntarp and its corporate'seal to be hereunto ettized this SOth day o1 f13 •, 1 h• ' 3aW bei rvliy•tMrbSn m ttareto,;iacluding dower and right of dower h _ Samiary 3912 'I • 11, Trolh��i sad to bold the I � r , yERCHANibSAYIYO&t 7°1.COYPAVY. BY W,H.Ater Preaidmt rt' I , {4. t �I I, eama-to,he said WetLaMiit iiecopal"Qhaah end to thbi heirs sad aeaigna ror;Iver And Al 0.� #I " r'1 `�.+ 11. ', • 11 Attest: 'WalterSi.Brom, " �,� , • li 1 °tl t1 he and Eau Soaker.,MI-wife,do aosment with the said Matnodiaai9iecipnl Church end�tbelr Aee(stort Secretary Corporate Sea ,1 ',.I I -�i + ,: f i ;� Witneauee; a-. heirs,aeeigne and legal re " 11 % o ` 1 d;0,Celiieon.j 1' l ie u: , preeentntl vee fa o-ver,�that ane esid rliai estate Se':frta from iti- 1 i� 1,! g �-1`,"''''' �/ ", pg h ( E.I44ntler1l ,' t?x , C f r g II oumbrsna¢s,and,trot hey she ochre in fee simple here s goad`pigs to se11�iid eonvy tta fir, v G ''s- 'yr'''. Y STATE OA OREONI t� - , r }a 3h at and tbit they Will std trials Srhas,ezeoutora mol adelnt,tratoro shall WrfoRAb rs.}.01EPE00`the" c ',,1 1.1 :ea• °. .l 7 IFg p!i i l • •'" ` 1' , 1 : Y.at Hultnash `•rt° ° +t " • • .)i,, J rf ; r a to the aaSd Yatho et',fhieaopal Otiureh atd;to their Beira jsu assig.e•forfvar• agoinet b " • t a I 1,, t M ` •'•':•1,`,r'''jr- On ibis 12th day at Jmuaa: 1912,before se eppaered.,rH Peer®djWatter z r- :1 �. tis ,.. In �>. 1 ;- i1:: '. i '.. I'. t' r'� . � gE•,.{', the lattui amine cool de¢aeje of oll'pereme of Smaoerer 1HIWITNEES V;IIEREOP co have here 1 �� i �r:'-"� ''� f� -- ,, � I H.Brarm,to me�'pxeanally lmoan who heing,duly4and aeveraily swozry-did.soh f'aT.Blotoif ady;, (a� i� 14 �,f-;. f Junta set out heads rad aenln tMe tealfvh(12)ti ot�A r11 Ad i:�-lB � i i {. 1,1.1 I � 1' `•' `� ¢ r Y+, LI)... ,, S "I h`� p lI s k'A4 99i'y 0,1 1 I(If (f)that he,Lha said.11 A Pear Se the PrereidmL and s' he the eald,Walter Pr.,,1„1=,,,,,,-4,-.,.�Be1a10 =f=xt ,4� `10 tt^ ,..- ,it1 r {RI o••-',r t tt "h air{ itijf aa i ll..' 41. r e,�t V li 'ra i it {,i 3 I;, 1 �'- r-w,J } F ) Uld • [t 111 T V •i .) w r r y p'i) r ', 1 t, 1` }-$d q 3 c. e,;•1;;;;147-.r 1 - I • is r rp A i 4a- -.1,..-1,...s-T.-.1•11,11••• } .k t E i �f: I' t� ,`F i g5. ). , . «g s. •i r I z., . ..i , ,,. .. 1 , 1 !.Th, , '. -.:r•I! •:' '-' :. • . , ,„;.j ,. . . •., 'I:'..• '1;1:71-111 ...4- . 4E49 moLFE fltflii717HR ET AL elltire RAU, ST allEnNi 1 ..:" '11:'!fl•,:e 1 i ii ?) 0PROctel ME 11 L. ." ".,i•-•''''')1!1 '' l'- '',. ., ...A.m.= . ,..t.ii_wir.,__,.... _-7,--.---"‘"i -eL: 4 i::1,:, I l'• , y '' nds iir,Z.uni BY'WM PRESTSTS, That Rudolph Duaelk roe and Senile ql Hunxiber,hie wife.Itif: •,'1,,l':5,•!:!'t i 1::.-' „.----- ' .1 .„,./''''• -`"1"i ill & . he County of Washington In the State of Oregon in consideration Of;the ems of One and oo)100 I 1 ti.....1 ,•', . 'e' .--' ,..' _1.- '-•, 'Yid !. •:',. •; , .' ($1.00) Eolia...0 to then.paid by Oregon Electric Rolliney Camper!, a niarpor anon duly orgeoliwed •:.-;1:: .',1 1 : )' ruler ths ism o' the State ofteraytin, having its print:1pol striae lit the City Of Rertl.kult„ . . ,' - •• •• • - 11 .. .::.'i 1 'i•,:e; fin said atete, the receipt whereof le hereby iializowledged, hove granticl bargained, aced : . ':. ' : . -,. -i:, ' .i.' ,';11 .i :•:,. tal onveyed and by theite praeonte do grant, bargain, eall'orsi cor.vey unto the said oregsn,21intri .-,,t' :• iip "1.! : ,F.i • -, tF.. . . .„ . •• I' 1 1 Ialits'gy Coopery, its auoceesors end insigne, the following doecribeid parcel of land, altultite -, 1•'+'i E'tv'' '''-,- : --,• I; 1, . .:).;i.'1 C !i! 1•;,[ n williast,Graticus Donation Land Claim County of WialainsLon State of Deegan, to-alt. )1 ' . ..1. ''. • Lii: • • '',. i Lt ir,• irti 1 A.strip fland on the ffeaterly aide fit.'•the Oregon gleatric railwayidoepenyie right of sir .:::),1.',r'1';•. .i.f,' the ' '1J.' .1.'':'71•i1 .10: ';',4 Ito T.41, same is &take-6 oub and located over and Rialtos;the kande of sold grentore in Sold ...':•.:t.' ,.e.:1•,,,.:.: - • - -, :-.+•i.,i c 2 1' l' • ''' 1 .:. •:3,It Orehan Donation Land Clots in Soo IT 2 1 li 1 W. if. U. County or,II a a h1 r:st on State of 0sego -,,:j.-;:,..) ,.,,..1..,j• , i: • ..0. 1'4;' V. : 61s1 etrip,tritriular in-fore, being mere partiou1arly described aw fnlloirei Beginning isi I :` :11 - i'-'•1' ":;p:'..-1:11ii.tlie int000eation or the Wee torly lins of raid gr entail land in:tJee aforesaid Donation toll . ,,,,..,,,,. f;•••,Iri ot i .,-:,•,.. i .:4' ,-.-.4.41:. lain, In section One (1) Tovmship Two ;2) South Range One.(1) Nov,Willenette.eleridian:and t 1.•:: •,: t.',.ti :::,_1:: : •iril - f!..,.; flt i A-, ,,tao,y line of esid Railway Compares Eight of ways thence Southe:!ly along sold liefitery ! . :li' ,. tyl,•., 1),;p,!.;Pt 3 . Firs Of,grartore lord and vicaeured at right angles to...said Railway 9citcenyto MCA of WR3i::.•,. i,,,,,.i,:. ,!:.ti,f; t'!,T:1: . 1' ' 1 1•)_:. diatanne of fifteen(15) feet; thence Southeasterly to e point ofintereactioswith thif • 1‘,ivlii• e;i.: ,::''' •' • 11:: lir r.'.i.' 1,-i, '• 11&ti • egterlyiline of eaid liallwo,V.Oompanye Hight of wry, a dietaries of 1.or harvirest;40D) l'Opy'':' 1.11,, Ifif i ':•I . ' . 11 .1? 4 41 1,1 FI • hones forth WesterlY along the Westerly line of said Railway Comperes right of oriytollto ; !:1T..r. i ,. ,.. :..,.. . . ! ' .,:1[-:!:!. .. -!..11 1 (;!-•• 014, or;Indoor beginnirg and containing seven buooiredthe VIM'of en oorel r151.2 or!'41/11,1 '. ''''1; :-.'f ir eit 1 .. 'OW... '4:',• :.''1,.f 1,..) :, I Together with all anti singular the ten emelt e, hereditamerts iond apptirtensinthe s teseretrybi b R- onging or in.anywise appertaining, -nd also all of their-estate, illOit and title in sad to ''',s-, ill: 1,,0E11: :.:.• , • • -- :1-i .'' 1::•'-•: t1 4'101 i- s,''.i; l• ;•-,r4L ,• ' the name,:inoluding dower and oloiee of dawer. TO HAW A.41;Tr.y..fie & D the oeld beriberi prieltaeOi ei•:.::: , .. -,,, 1.4 .• , ., 'a. • . . 11 'I.:I' -1,'''':.' . 'V. -.:• 1'1., i.'.•.1,• .:,;• • unto the said Oregen Electric Railway Company, Ito sue:copiers mod ['soigne forever. Are the •:,..ii,..11'!'!:.• . „ - • ; - I ,' $ '..! .;1 '; 'lti' • . grantors do cOvencat to and with said grartii Ate eunerweare endisiosUna, that the above,gron-, ...._••:L.:.:1. Ir: .. •'''''",,:1-'''',',1'I:.!ill; ted premisei are fee troll all inettobrances, and that they will ars? their heir', amecuteret:' 11'071 -.f1, .):' irl:.''' : ' ''::'•• .i'Li•411!: and idigniatratora entail, warrant and forener defend 1.1w same lints the said grantee;its!': ai-,:i.' "11.i, ' • . 1 . •,11 ' :ii', .,',.,i,::•ir.1'.1L4,.11:., : suseliesers and ossigne, against all lawful claims aril,demande of all persona ertiosiscavarn'.,-1' ;tteit.-ii•:::•4'iir: • .: i: -: ' ' :: :1,1:.:• IA', •:;11 . ., „ :, • :. lii;\.' i•!:, 1- i'4' • Ill WITHES9 VERROP,we have hereunto'set our hinds and seals this 23rd ds,yof'Aped.111909.11i II 4. .*,:-....1 . ,.. •• • • l.' 1:.•.k fj. 4 I- Beeilited in presence of ue as vritneseee: - •, 1 *on 'orrixiker/'iad.i. O. P.::Tigire . ' , '.I.. ''.::'• ill-3.:. '';-•',,' :.. I.jii..: '4;,,:t ;,i:, 1 0. 3: Tigard : ,ili ,. SaYtiell. Runelliar fai 41.--,. -. .. • ?..,.--:i • -.• :,•:,--- -.. ..:1,0.....,i. •-47:....4'; .. . • • State iii Oregon ) . ii .j.- I.::•• . . ...f I. ',..y:!! l'.',.11: •. , Tti t.r::•::::.!•; •,-I.L,, H . VS • '•• ' ' ' . •!: .!i' 1 .. 'f,j All:F 1: ...j.1 11 h:i' County of Washington ,•.;.1ttii .,. .. . , 1, 0, P. Tigard, a Rotary'Fiiblia tor Oregon do heroty certify thator.tliie 1]';''1",.,:tr.!: 31!•:. ,i-• :!:i'.:•••11:'1,d1,, i.,• •• . .,23rd.day of April 1909 personally appeared before raii'Radoltillirazikir cOol gapiti.'Utaisiter.,i,10F,f.N. ;v, T1- , - • 1 4- !.:i•1}...!:rti •t....i P.:4 i . . , 4.• : 7 L'i- :.-., • ;Ai •,,,1 alio aro to we personalty known, and era inioiin to an 1ti!•be the identical'individuals.da i ..1bROIL'i•"i! '!1'i• F•';•!..: • '' - - ••..--,f. - . , : . .., - ,f1 ' '; :I:. • - liret:',..i.1. 1 I. . v .;.1, .... .1 In and who ixecuted the within instrument, find illeraitpen acknouledged tii'-eta that1therlrgiede-1,., Jr:::11' r.,. .. - I! .' [1:,;i• -1tIlli i'• ''' .' 1 eisled end executed the eons on their free rat volurfairy act and deed,Icir the 4.: ..P1-'; '. . . , . .., .. .,•. ,-, • ' , .. • i .'•',1:7 it I ii t thwein mentioned 11, 1 ' ' - '1.• '1!'1' 'M.,::.'t: tr•i :1 ••'• ,•• , -, •-' i;,u.::',4'.1.7": , -,-ii.Fo•• •^: 1•I' ili' Gives!under ley hr ,artol otrialal Seal thin'23rd daY•44.,iiyril s,..-:D.1.9o5t ,.." ''' i': ;0.'•3::. -,'Ii'lr`'.4,1 } :,..1 - „ al/ •••• 0. . ...igard rff, ' t• C. R.:T '::,' , : - -iii.q. ,)1.1'J•J•I Natoli?alio for Oregon' •Li.i-•:!!.•: , :'.„ -.. , . . .. .• ... !.; . 71. :' - . ' ':FtI •'A ;. : .,,•1:: i ' .. • Piled for recori kV A7th 1909 it 2-00 oielook,r1 • : .. .. .- ::, .•:,:,:;:,;:;.',51r'':','It) ' •' . '" '' . ' .4 '' %:,' ' - *'9..' . ' 't-- ,!' ' .!,.' 1,F .....-11,7, ''• '• :•'"..•.*.- --.', - .-,•-•-,--1,, .-,.• - .- :: willi- f'-'11,4-JP(Pc"‘"r Of conTe/E323' ''''''':----.13' :.- OFF" 1:.- l' I. • . : :.•';0`:';'•';'i ti,v..-A-,, ..:,.:-..q-:-•,-;!.•:,'''' ',_......---,.,.11-•-,- •:- .-:-, :::.-,1::-{!,=: "L'i •• 'r •• : . :; 41:::-..-.,k:* ,„•10 ' 1'..,:''41 f iD4:•[ .:,;::,.1.,4.•.4..... •••••,:.,•;.,.,-,:. -,.•,.•...4,.441'....!,.,-;:4,•,;(F7.74.7.14',.,t.41''... '',+::''''-,LL; .VI"j, ...ii-,r(' .':..:Pi . ''''.;,.. ''r .:' •('' .....' .':1:Y.'./ '' , ..'..:}.1.4'.t. .''.E...''::'' 1... .. . ,4 1,1:-'4474441167 - ' 2.-----"N; 4.'ri:4...44'''Lli4.-'•••4-.11.4r,....;11.4,-.•'410"ei'slyi-,-IO•1111:'-',Lj:•.,': •E 1:1 'V!,ifi'l rs.3-' 4:A.,$--1.7t ii,;:t,r1.6:-1..'..,,j, ,1',•ii.S1,-;F;'?3.!;;r.Ai'I Re,';'.':3''''e'4—.. II',,--4.-'..n...t.' ' v..4 zi:....!. ,,,.i '.,,r,l, -...,',..'"y.F.:?:-`4.'...:-.4,,.t.:".'..,'?;•,1 :iitild. .,i,i•i.li•.! ' ' ' — Washington County,Oregon 2d�gs-°yVV2Q4� 02/221200611:41:51 AM Vtd 0-E Cnt=1 Stn=13 t CASTILLO $40.00$6,00 611.00•Total a$57,00 1 111111 1111 11 1111 11 11 11 00912484200600204910080080 AFTER RECORDING,RETURN TO: ',Jerry Hanson,Director of Assessment and Taxation 0.411444 and Exr;,C ce County Clerk tor Washington County, % e Oregon,do hereby certify that the within Instrum ant of malting was received and recorded In the book of ' � ' :+ City of Tigard records of said county, ferry R.Hsnson,,irector asesrment and Taxation, r Attn: City Recorder Ex�lficic County Clark Lu " 13125 SW Hall Boulevard Tigard, OR 97223 GRANT OF EASEMENT , THIS GRANT OF EASEMENT ("Easement")is made and entered into the 11 day of , 2006, between THE CITY OF TIGARD, an Oregon municipal corporation(=6fantor") and FRED W. FIELDS ("Grantee"); WITNES SETH WHEREAS, Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B" attached hereto and incorporated herein by reference(the "Grantee Property"); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW,THEREFORE,the parties hereto agree as follows: 1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the purposes of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area"). 2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3. Grantee's Rights. Grantee, and Grantee's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. Page 1 -Grant of Easement 4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction, repair and replacement of improvements to be located in the Easement Area. 5. Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall also replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors', agents' and invitees', negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Easement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor's obligation to grant an easement to Grantee as described in the License Agreement. Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that Page 2-Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein. 10. Time. TIME IS OF THE ESSENCE of this Easement. 11. Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, P.E. 1149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel. 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 -Grant of Easement ! waiver of the provision itself or any other provision. ! 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: 3 ! The City of Tigard, an Oregon municiial corp ration f c)\1\1( GcYv / W - ft.,/244-- By: Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of (1)14rA ani Io+'[ ) 1 This instrument was acknowledged before me on this l7 day of , 2006,by_ Fr,..el iv., Ft:446-- . L .: £rte..- -�... -.. �.•..-.•..-..•. . /."._ ,+ .v. OFFICIAL SEAL y NOTARY P C for Oregon ) , DANE M JELDERKS ) / I) NOTARY PUBLIC-OREGON ( ( COMMISSION NO.373021 MY COMMISSION EXPIRES SEPT.25,2007 State of Oregon ) County of514,i '0 ) This instrument was acknowledged before me on this 2.t0 day of cJ ft'' (Mt ray , 2006,by 6 A , 16vV1"72N) A- 5I STf6-)T1'0 f CTt'f Nt- t-rv`f{6-5g,. (:`-`.-\-."».--`` .... - —`�,-�-- ._` T f RY PU I IC for Oregon 9 4 OFFICIAL SEAL. J BENGTSON k1 NOTARY PUBLIGOREGON ) Ct?MMISSION NO.368088 () MY COMMISSION EXPIRES APR.27,2807 i Page 4-Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59"E, along the said east line, a distance of 1020A9 feet to the Northeast corner of Lot 1 Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 861.59 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1; thence S 87° 39' 50"E, along said south line, a distance of 846.57 feet to the east line of said Lot 1; thence N 02° 51' 59"E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 -Grant of Easement EXHIBIT"B" Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC #39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 150.10 feet; thence leaving said north line N 05° 47' 30"E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16' 12"E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12"E, along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41"W,along said south line, a distance of 1349.24 feet to the point of beginning Page 6-Grant of Easement Exhibit"C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 518" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27"E, along said south line, a distance of 291.15 feet; thence N 75° 44' 01"E a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 113.89) and a length of 114.16 feet; thence N 62° 04"44"E a distance of 472.50 feet to the east line of Lot I Edgewood; thence N 02° 52' 19"E, along said east line, a distance of 43.09 feet to a 5/8"Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1; thence N 87°40' 14"W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04' 44" W a distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 99.62) and a length of 99.86 feet; thence S 14° 15' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7-Grant of Easement Exhibit "C" Drawing Showing Easement Area I 0 ''''\ a NN. E r 1 SW HALL BLVD f EUUf 00000 ? flUULU s\ ` 1 -- Z .. I E, 7/+ ./ ' . / , Page 8 -Grant of Easement I i Prepared by: E 7 D F WASHINGTON COUNTY SURVEYOR'S OFF/C£ DEHAAS 41-ASSOC INC 29,030 Accept„,co,.RUNG 9-2"4-02 SUITE 300 -A.C.C. CENTERREGISTERE0 Located in the SE 1 4 of Section 2 and — 9430 SW. COA/MG CIRCLE PROt'E5514NAL. W/LSONWLL& OREGON 97070 LND SURVEYOR the SW 1/4 of Section 1, Township 2 South, PHONE.' (503) 682-2450 -- ),/,Y6 ..- Ronge 1 West of the Willamette Meridian en rep for: This survey was prepared using City of Tigard, Washington County, Oregon. TS New/eft-Packord ink Product Cr7Y OF T7GARD r.:70:7 EVNO Number 576404 nn Contnenry 'May it, 2002 RENEWAL: 72/35/02 JPC4M2 polyester film. NARRATIVE- rho ARRATIVE• Tho purpose of this sorvey Is to/abate the ba isdonas of a tract of land described in Exhibit ".4", PARCEL IV of Sargorn and Sole Deed recorded os Document Number 97-097055 Rook of Records, Washingyton, County Oregon and of Lot 7, (0081+000 Subdivision, Bock 2 Page 73. Washga, tan County Plot Records. The centerline of SW Hof Cavi w'os established by holding the found 5/8"iron rod with 1-7/2"aluminum cop marked D.E.A. 00C-_. C a monument case, identified as Monument Number 107 on Survey Numbers ja.,. 27.279 and 24,915 and a 2--3/4"brass disc marked CITY Or 0GAR0 SM 24,725 SURVEY 00/050L PONT E4 32771.37 w 32.75.62 AH PLS 737", in monument 1NS 240+ 57 is rulfb A 9mss ENG.' 0577 A box, identdied as 410oumen(226, of Sures Numbers 27,279 and 24.915. s1. 15 H+T '��'M!7571 3/s NON baWASr ex OESORIsED•awerav ENG.'10 Y l'ER 4fk41•EY NUM 9, 24911 A 0227 7tNr 11IE 0789'P71(WS Pr 72.2.'75 725 The above established centedi.was used as the Basis of Bea/nlgs far fl78 oosjy5 OF 9+e 1274/ Logo NORIA=640375,964 Abel 227 WiR1 SJWRTkD ON SN ss,195.SHEET 7 OF 8 this survey Survey Number 24.915 eNfobflshed a bearing of North PER SORFY NMM9ER 2,a15 EAST Y 762118011.7 .y �� ME AILVAMENT d CO REC1Lr DESCINWO ON SN N7 27219 07.4311 East for tis line- Survey Number 27,219 calls Monument MORIN=6470,41.798 O ]�� AS tow A 7 3INCH MISS 155 CISa 1ANOTO'WIT OF WARD Na abet'126 off line by 0.01 feet. Survey Number 24,915 halls Monument EAST =76177575, ST1ReY 007001.awn'ED 32P77i 3e32+75.67 Al LOS 757" Number 226, thereforeSurvey Number was used os the posh-of Bearings- I Non^.m N0.27379 Gus 70As NoNA,ENr OA!'WV Monument Number 101 is also rhe cmte/ne--renterl'ne intersection of SW rill fO000c 5/B Nal+RON ROD 1WM A Scale: 1'.=700' Hall gme. one SW°mare Street The centecline of SW haft 8fvd„ r 7/f KWMWIM 547.zn-0..LA FOS 1- akLb 810000 20rbNG OF d1e(NO 1100085 0`K(N16'!AW GV'f 3/4 9/24 07047 ,c-oo erty of Manu . t Number 101, was estoo�nshed by halting the SOP79'Se•w PEP 5N 25.218 t BR A LI500°ENT 015E Pa'30 20 975 d 27,275 145x 94 A WOeheinvr� record bearing of S°lies of"W,Per Surswy Number 27,219. The U a'N1EaaSET SN�rr.SW fate NEED 7 easterly right of-way rine of SW!tall Brod-. northerly of SW°mare -Was-. - 1 by �^9 C.R. A-130 pot/ 41 &Isis of aeorin SN 24,7 Street, Was estab6,ohed hof the found monument set in N aa'19'br I ^ 9 975 N 01.43•Il�£- 11 Surrey Number 27,119, appnslte Monument Number 101(Station 743+62.25 i214/ -.�.�Malta f/ AVO.-0,WCW WPC --. �p`A o 96D.B7' —_ _ d.U'97 �1 rOR,gg Ay 24,9151 SW llr4L( Bf 6?�. Old Coate/tine), and the monument set t Pr 132+02.41 m Survey Number + - N30'57r2•W 17.36 - •, l"-(,voa:22m£•�,461-4) -- • 27,219. The right of way of SW Hall Blvd southerly of SW Omura Street •/azsf N 04E1958 5-soma CR, .227 -- as established 30.00 fest easterly and heronet to the centerline ,195570 VS each NON ado 9 01-43.11-E-942.49 Fob/ established by d bearing os previously slated. tee sald6cD DEA NC "` SJ096 ',lbs. ,-Ave( 7400 OWLY, ME OETAe OTTOW) L The mast northerly and westerly 417.70 feet of Me osterly,boundary ,NOT O0 N NORM tat0ONE) FOUND 5/e ION IRON RO7 J tine of said Parcel lY was established by holding a 5/8"iron rod with h q j N opor.O'0 08/ �., ON�•1 a red elastic. mocked-W.1. Me. LS 808-on the ter h1 of pp op RPC 04n1+' a WEW 1.5 808 P coo l0'now y 1717 } sN 17,567-1550 way tint. of p/Hall Brvd., set in Survey Number 27,587, vnd byholding' : .i 90 a 3/4"iron pipe,set in Su y Number 10,72?os shown- The orlfrerly o LOT 1, EOGEWOOD = �' DETAIL Parrot!ft �9 r�1+�•�1• MEND s/e INCH IRON'Rt1n J 17'5.00/sal portion of the norfhaostMy boundary M said Fyrcel!✓ E 6.67 Aures `4- Document Number �y. 'i,' rPc MIRY DEA/HC d' the north anal waste 417.70 feet baondar hire was 3' Sw x7,719 NEW P7 f.72ia241 adjoining eory wester)), y �. bw'f9v6"r N 54147 E 97--097055 yr +.446 .46�, e fabbshed by mioldirrg the two 3/4 ban p set in StNvey Number y n6d 94728 4� 4 R' 10,122- This , Was hall as the basis of e4 pcn/nisg f bearing y � � 7589 ACRES 5 6��4 �m III rotation to the Dead baarfngs of the southerly portion a/said Parcel p \\\SET 7Fti5 f51lA'b S/0 wag wow qp5 fit''A6 00481ROTATION Or c/1 f AT 1V. The roost easterly portions of the boundary of Parcel 1'/' was SPRYEY '2.0 MAR0f,71 nEA WC. 5 6E-4R,NG TO res svRvfr established by holding record Deed distances and Deed Ang/es, died ^i SOr•<J3EW Sc this surveys'hearing base. The rota/on angle 1s 01"4J-36`, clockwise 5Y00H)3 apprmd to record Deed bearings of Parcel N Centerline of Fenno Creek oi"•I,P' E!✓rrkce7�- described os eeuteAy line of r0emb J ,R The had of land noted an Cs drawing as Warne 1057, Page 649 is not g Parcel$t Ooc. No. 97-097055- - 1 - -- 577 m 22 2 Ngo roe tri7117E included Tri Sold•Yarael/✓and is under an unrefuted ownership. m ()} 9S�•:•-r� PER ODD NO.Zr97-091GA5 me East flue of Sal 1, /7701X000 was established by holding the 3-1/4" y a' \i-FouNp 1/4•IRON APE. olaminum disk marking the re-entrant comer of the Wr/dvm brans' G. `a SN 10,122,NET 1 FOR Gab LAEO.L.C. i1 the SW 1/4 of Section 1, 525, 8. 7 W., WM, and the 7/8" ki • 5 13-1,24-E- 2050- CS 50'2736"w-96.95 PER DOD M7.91-£1.21055o 1-1/4"non boo Ae/d as the Northeast comer of Lot 7 and the ti "` \i L Northeast comer of the pkat of EDGE:WOO.. The Narlheoly tine of said S rNff"11v6E-7810 5 1.111.774"E-100.00 tot 1 was estabSshed wester*from ontsnent nomber/154f t0 the q j 1 s rrw721'5-44.- LEGENDhereon des-en-bed Monument Number/107/, marking the eentedtne Volume 1051 Page 649 .....------.- intersection ,_L ,__,- intersection of SW Omura Street and SW Hari'Blvd., said centerline m November 71, 7975 _ f1 4.00'(-41.90)4 said Lot 1. She SW Comer, 5 0 19 ACRES N3.9.0.7,16,-'<'-47.so'� 5 85.74 f5'E' r7e.La • 050090 eXwU r/Wc AS ROOMintersection also being the northwest tomer of 1333/, was established Os follows. the calculated positron of Monument Number —' set ver, co,iRCN 1ro0 W77,4 1214/was held 100 N0lthin9s per the coordinated position shown on Survey i �.+`N$5^5936'1-71.70 O n27.LOW BLASTIC LM 1.745E0: Number 74,915, (the monument was not fount). The norlings of/333/Was �\�\ nano e or s TP2?77 E-3�fo A`•1 71 a 40910^MK' at the midpoint northings between 1214/and/3281 The postings of/22m 31 were asfez9 '[- ro+.soN `�.I rAMIO CREEK ELT a'1 MAT 33.7001 established an the easlerty right-of-way R. SW Holl lard, N 87°3977'W S 50.0914'E- lar.'r f)f straw 041A 53727597 from else. established midpoint northings of/3331, (32 RECORD Hera OF 27.272 0 The SE Comer/3011 was established al the proporbbned distance, as shown, (539-19YkTw-3880)4 , Parcel S between the NO Corner of Lot 1, 40011+000 dad SE Comer f Lor 3, E00£W000 5b5•56.-4"E-2097- S ES-27'.y'r w-72.60 Document Number (R7COR0)3 DOO HENT NUMRE5 97-091064 7,55/1 N The South tine woe then established between/333/and port 97-0742'77 S 22.20'24•1-64.30 DREM9014 sOG0W1 1031,PAGE 645 n s-amad'w-1.5I0) .915044085 kine•WOO✓009EN4S1 REARDC.-- T40TlW'-SJ.71- -S 0.'10•,2.4'E-737.010 051096 0499505/05, /XXX/ ANTMN BH1 0/.0.0498 POO 00 5MENf S 13.1e'38 W-3.939 /t/4, RIO4l-a4--2%Y n8 COUNTY Ri D N 07'32T9'E-880_58 C-5050499 COMM Of ME MIRO CRAW"9 .8(00.07•32.5..,C70" 0 )/Z754i a lydlf (s58 044445)to50571700 orsr IRON 8881 ATEEND l P4 1/4 RAW + /POSMOA' 9951 902044Boo /154/ _Re 15025 R or tart 0L4'2w0oe LOT•6 E/X.EMeJOO (67.14'59'E- 1020.45)u599 9 PACS 5!3 fount,r/P WOW 1RAY bwee 507 PER CFGEAO FOLNO A 3 1/4 AVM ADNITIAW P,SR N59.26 Dee A:E107704 0E597-5-79790WG 6 OEEP APA FENCE CORNER RSR10 71587/� t S117 BOW 9,PAGE Ma R2077181 Owner: FIELDS, FRED W REVOC LIVING Prop ID : R456081 (Real Estate) (602824) 1149 SW DAVENPORT Map Tax Lot: 2511-01200 PORTLAND, OR 97201 Legal : ACRES 25.69 gggqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqgqqqqqqqqqqqqqqqqqqqqqqqqq Situs Year Built : Living Area: Name(s) Area : 023.74 Sale Info : 2011 Roll values Deed Type : Ow RMV Land $ 1,930,220 (+) Instrument: 2010033975 RMV Improvements $ 0 (+) 2011 Tax Status * No Taxes Due * RMV Total $ 1,930,220 (=) Current Levied Taxes : 17,417.27 Total Exemptions $ 0 Special Assessments : M5 Net Value $ 1,930,220 M50 Assd value $ 1,049,480 Property: R456081 2S11-01200 023.74 FIELDS, FRED W REVOC LIVING TRUST ACRES 25.69 1149 Sw DAVENPORT PORTLAND, OR 97201 All Batch: Inc' - Eff Date Paid: 02/23/2012 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 1. 2000.104982 0 11,403.89 11,061.77 <342.12> 11,061.77 11/09/00 2. 2001.208228 0 12,228.22 11,861.37 <366.85> 11,861.37 11/15/01 3. 2002.143970 0 13,412.54 13,010.16 <402.38> 13,010.16 11/14/02 4. 2003.144622 0 13,615.86 13,207.38 <408.48> 13,207.38 11/17/03 5. 2004.150609 0 13,918.39 13,500.84 <417.55> 13,500.84 10/29/04 6. 2005.151750 0 14,366.43 13,935.44 <430.99> 13,935.44 11/15/05 7. 2006.153265 0 14,259.70 13,831.91 <427.79> 13,831.91 11/15/06 8. 2007.154527 0 15,358.35 14,897.60 <460.75> 14,897.60 11/13/07 9. 2008.155428 0 15,778.32 15,304.97 <473.35> 15,304.97 11/12/08 *** Continued *** Property: R456081 2511-01200 023.74 FIELDS, FRED W REVOC LIVING TRUST ACRES 25.69 1149 SW DAVENPORT PORTLAND, OR 97201 All Batch: Inq - Eff Date Paid: 02/23/2012 10. 2009.155876 0 16,483.98 15,989.46 <494.52> 15,989.46 11/06/09 11. 2010.155114 0 16,713.46 16,212.06 <501.40> 16,212.06 11/01/10 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 12. Current Taxes for bill 2011.155275, Levied tax of 17,417.27 1/3 Nov 15 5,805.76 5,805.76 5,805.76 10/31/11 2/3 Feb 15 5,805.76 5,573.53 <232.23> 5,573.53 10/31/11 3/3 May 15 5,805.75 5,515.46 <290.29> 5,515.46 10/31/11 Total Paid: 16,894.75 <522.52> 16,894.75 *** No taxes are due on this property *** *** End of Display *** Page 1 IIIIIIIMIIIMMMIIIIIIIMIIIIIUIIIMIIIIIIIIIIIIIIIIMIMIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIM �ia ear: 1,eyyeray ,. w j.e :. .y1...- , . r .a. ::`+'r 9 „4t' .. ....,'F. ..... y ... �nJ.. -. . ?r;... t `t:,aI4, a x fill,`!„ , <f!•r_ • .y''' - • _Myyo V. }eV?� f c +:d Number: 105fi.'. ' ,,,(.. 176 Decd fteferenro; B 544 P 8 ., • ..4i,,�, KNOW ALL MEN Ey THESE PRESENTS: That wed._ 'L__FiP�.rle aud-li..--Suzanne•-• %I h"le _.. Fields husband and wife contract purchasers of the following_ " = i r described premises, and the unners i,ped prior parties atinterest : hereinafter termed granter(s}, in consideration of the sum of 5-- .—._..__ to be paid by i' at CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City,hereby grant, bargain,sell r' M-; and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together � .,� with a temporary rigid-of-way and easement to use an additional area hereinatter described and designated ?'s a F_., temporary easencertt,for the toilowing uses and purposes: ., 1. Perpelual eastAmenl: `" An unencumbered perpetual right•o(-way and easement for the purpose of constructing, recon- tixr'% '' Iia strutting, operating, maintaining, inspecting and repairing of an underground sewer line and ' 'M- eppnronences,together with the right to remove,as necessary,vegetation,foliage,trees and other : v.! obstructions within the easement area, lit]r-reserving-tc't'he-gcomfort-tfre.ti4la<a'iite-le+lds• 'fi .seh cwb.tu-'l,ls .saeenwnlr.and-tawi.gl4•+te-rakes+Fwok.awO-IitwwotpuwOOpt'to-aasata'W-bui3dings, ','''' ,=. -_ t . 1 sue evert-[wt.ieaeufere.vvabk4ise-trros-aablllurposiot-ofaae.ca amorst;said easement arca being -feet rr^.""each-skte,-:theamrexsured•atrigtre-arlBlcs;ef-the-foFlmeing^deseribeel cermet-linoarhirin the vro:: following designated premises: -- All that portion of those certain lands described in instrument of record in Book 544 at Page 8 tgashin ton county Deed Records, lying parallel to, westerly of, along and within ten (10) feet of the westerly right of way lineV4 -: `r of the Oregon Electric Railroad; the sewer pipe line shall r"- be laid within that portion of the easement area lying €ar""'3" within six (6) feet of the Westerly right of way line o£ %!,.q-; :+ . Oregon Electric Railroad; RESERVING to the grantor the right ''4"=n;'s.,'t ;rj r;+ : to construct, use and maintain roads, fences and railroad. :=`' '"'`' trackage on, over and across the easement area, together '- ,; '— with the right to construct buildings within that portion " .�#. of the easement area lying Westerly of a line drawn parallel ?; 4s r ; %"x to and six (6) geek Westerly of the Westerly right of way 2 line of the Oregon Electric Railroad. • ,,•' .,, • r 5, fi; tvr A a. g. Temporary essemant_ tai.�:,:- m.... ^ ; Together with the temporary right of ingress, egress and regress, and use for:ewer censtroc- m ' '' the !westerly line �Ie tion purposes, of additional lands lying parallel to,along m5EOC and wi hila_.... sect. aN �, when measured al right angles, of the above described perpetual easement area,excepting and ^" O: .4)._"' reserving to grantors the unencumbered enjoyment, use and preservation of all structures. j ..sT,1 ;,.'.�"*'•%v present upon the premises. This temporary easement shall terminate upon completion of the ' + sewer construction work, at which time, upon request of the owner, the City will issue ares. ' t written release thereat. , BOD!'; 580 f.Srr 3iAt.z3 "' ,rr i •+, tw fizr ,t7 y"..r,i-1v-+. ':U lk-sity �^ a4+mt 'vrst i".E ",!'&f.y. r Ai ,1,-.^W,�-,'t�?`ft+.a, nr n*�' :47.; •a •,., v.+Ns•:L " r1 i1 a-lt° 9 o '��rp' S H,F ieft-qn � ti ,sii �r '�€"'�G7 �ff�kt�i LL"�.�t•w�+q r f�,`•.�.rp�„ff�� #7#`:1:''�,?"fS4�,:r+t,'d'3 :dr�'c'� t M'.t.. A 4 i„�,f�+ra :S Via.^: ��A{�Zr��0.'',111i:[w. 'l9 ,,r.`.'a �•4 t„ 3t;: r.ser ,fi"rr ,+,-.4 Km. "rc •': a:. • " 4 c t f r yrs"GA,...,'frhi t?�1 d+y '� „,,..„, ,,,„..„,„„,„,..4,,,a c_ 1 f4''r'',.7 ''''' aid xv•rw,s •c .syn$• �• ,, 4 VV.I90Y'€ s i,i'il, t„ '4 ...-.4.14,, i'1�•-".,'” + 41w.. : ,,'51 } "1'[sa, +5' ,',, .{,t 11`�,/r..,,f 4 sq'y,,'',' ', m '. t a'f• " F4 u ,*t ss,s t •eyT V y�_•_'Tg*M.fl, as+ ci f�3'� ,.. P e h,tri" # Z''" .5t,.s:a ,,;?, y� .:t e.r.g-a tLAFIt VV.I90.- 4,..^it" -�r :rc of 1 + ��,�"''.3.z . d .:3�'u��aat�r{a,< .,a� ?�.t �r,'ue .. • ...y ..,.a ,i ..4aw,std l i a r..'''.4'. ,1 r.+n 7r r -•tn �,, -�. , J'',...-;•,`^. ay e. . t ,''' t + "'1'.,.: ,` •_ . L. i '.41'.: ; R r;r s11:'0'..:w r'r :L ':'';t�¢¢ya r :t Y .Ir I- .ce 3 rt rr r t #ti `4 , c ,ir r 1.` .1,,_s'.,rXsi'.'d . :.f.� - , ,_v 1,-•a. ,,c'.,l • 'a_ 176 SPECIAL CONDITIONS:: :y, 1. The grantors, their heirs, successors and assigns shall, with L. 's= respect to any seater service connections to the said sewer tine to ;' be constructed within the easement area to serve grantors' property, ` ' Y':P of which the easement area is a part, bear onlythe usual i.,22; prescribed ;4K and effective connection charges, or such connection Charges as may 1 ,c- be negotiated with the City without surcharge for the benefit of any _ :.s other person or party. ,' 2. Should the elevation cf the sewer line in relation to the exist- " ing elevationof the Oregon Electric Railroad bed, at any time in the : ; future, require lowering to enable the construction of spur trackage ' on the easement area, the City agrees to lower the sewer line to the extent necessary to enable the construction of spur trackage. +Y i'Nnc#. R,-h.' Lr.. M. Should it he necessary to cut and remove any brush, trees, or other matter or materials from the casement ;;k '1 area. said brush, trees, or other matter and materials shrill be removed and disposed of by the City and the City shall leave the easement area in a neat and watkmanllite condition. The City agrees that in connection ? s 4' with its use of the perpetual easement area and in inspecting,repairing,maintaining,or replacing said sewer ..*t line,the City will teave the premises in a neat and workmanlike condition and as nearly hi the pre-existing state ; +.--'-+ .. + ;is praeticahio. ;T'1,e7 E The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the y,;,7;wg above described easements. .° .:e-: tt•itnese,our itanda and seals this ....day of. fI Fa'z" 6 w i • zerT. tile"ids _(sari ,. ,r /f�� w' _".•;11...,?: P �" .i_., 1=�f - . �.,,� Seal) _ M . S v-• G1nt2 fit' (SEAL) er., f � . 1 .,.. _i..,,.: ,' :/_ +;1 �" �`/ r �� Seal " y iaia JOIE. 'IS _.sem 7v. -7_ et..u.rrr L "'Sf'e.T"-_.(SEAL) •..^�f. i. �f "^� _�y •(sE ? : Laura C. Tops t�, Atty in fact `7 Y4Z,L r ,�ci.r . .' ;fi,. For a consideration,the mortgage lien on the above described properties is hereby made subordinate to the ag � casements above granted, s � S 05,a-ow, Dated this-__^_._..—._.day of—_ — _-__.. 19 '`' ..: SPECIAL NOTE: Q • Arthur G. Mees & Elsie W. Anes are : aa y r• husband & wife, Alfred `T. Sulmonetti & Mortgagee "! 0 Jeans tile e Su i one t ti are husband <: wife, ..11.-i:; ,, Thomas id. Tuve and '(atheri.ne A. Tuve By _ —._ are husband & wife, Tille Zurcher is a �F single person and Rees C. Johnson is a �� _ __ yi i:.n6te pertbri. Title ;a r" ' ;, ti STATE OF OREGON, ) County of Washington1)ss. " -" 1 I I, ,�,- -,,_,-_ 6g..4 •""3^' On ttie...._ ___ day of „,+;..•..._._. t9— _ personally appeared the ,have named t;'r v Fred,_W, Fie. ds Sd.._ l .$�'Uanne Figid ., r'S --._,...___..- w...__��.._ • R and acknowledged the foregoing instrument to he their voluntary act and deed. • f, Before me: • 0 1 Nota h lie for Dregon---___...___ rte. - ' 5 arl y Commission exires: — _ a 9. �1 e Boot 580 p. 3:x.4 ,+ a `ld, ......_,... ._.., .—.,.,.._....,_. ..- _.-_._ ._--.,..tea.,._.. _ _ — _ _ .._-._..-.,. • Y i§r 0-- c;ry T . tT. -ir. iiY, • 4 , g ,Ste ar �, X,y cfar ,.:T' 'ikti'M ;-,"., '2,,g �'�•,,-7.4,1,'W47-14,..,1 ` ,, "'.foS;k . �; '• '''''''''A--'"'-''S'''+' p+ ',`A44.,162^2 - '-'17.'-'1-"";;;;; � + L t ` 1 ;. *},.7'.7 '-4'.. 5 r p ,?'' 'A,.a v�,M 4,.Ca hh'P !r + r '+a.1s,,,r4 i.6 '` r. r tl -! } i t i y� LdfcsY, 1. 7' �I'� (^7 , 4 L k r SL'1+.�'�F`s a� i�ck y G^iA`i`t.,t .P :-.�r ,. 13'h2fr*q.' -,4--tiY' .. (.a s„y, a- !} +' 5A ',J,.ifs 7:' t 5.•-••iJ K -+6 _ •A .,k.'.'i4 ii off?rr .t,:Kr; earl.. f-+'„eilsrd+i'ta, i> on4. %I:4 utter , v'.'4+f{.rti "f54'45,4-" n ,,,v S..f ^� r , iF0�•y 'h{A,K.:4F r�r t ,'f.ik �C�-, agS}i t R?�s�'%c 4,,,,Fb.'��',ts�:Ei1r. %6+fi 4�ar,,,e,,7 �r•A`, r"`"-e,":1,,F. 14.t. ,41.2 :.e ,.. � r.6 ,... ,.,,.--k...4,,,,,..-,,,v..:1,,,. : N . i ♦ n,- I _ a r1 7 t ]r,�,�,.n;,r ties i' . -�',.a .... ,u• - u.,. a a .f_° y 'f .v. '1 ,'r ,k r x .0.,Y1*, - _ . . %�yat • 1 . va . 'r, t4.,,,,,.:;•:-;,, i. .A,. STATE OF OREGON, FOAM NO.29—ACKNOWLEDGMENT { i ar[vPxv H¢s b uo cu Hb,x4.r,p,Ox R, j- ii. .4s.da:--,, County of....._.4lush.ington -c 'r:' .17th November BE IT REMEMBERED, That on this......... day of , 19..f7.5-., -4, before me, the undersigned, a Notary Public in and for said County and State,personally appeared the within - y named-T._I1....Tuve,.and..T...tt.._.Taxa.,..as...a.ttoxme,y...ia..�ac.t...fox...natkasf>za--A.___Tnsve.,..,and...Jaaue.te Sulmonatti and Alfred T. Suimonetti,, Laura C. .7ohnson, as attorney i.n fact for Rees C. Johnson, an4,,E141.e 1•?, Ames ' �_ kno,vn d;rrte;tqfbd'the,identical individual S described in and who executed the within instrument and aaknowlddged tto s ie tfrt{b.;they executed the same freely and voluntarily. _� ems- IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed CD.; "•1 U my officials he.fay and year 1 ebavp u zitten. t- 'v Ic 1 f , , Notary Public for Ore on. : My Commission expires July 1.9, L969 ` STATE OF OREGON, FORM Na,23 ACKNOWLEDGMENT •-&Y'; -' { •cHn.C, bww xba,no..Aon EEG -IT 4 r j.ss. , [ ii County of 'r.a.g:h.tr1�%CT i` j •r '-'''' d k:;; 7 n x 7 BE IT REMEMBERED, That on this ( 4"f day of December 65 t U before n7e the undersigned, a Notary Public in and for said County and State,personally appeared the within • 4;• named,:-- .._::.:..AR:HLR,.,Ca. ....ADMS. `tis' x• E h;7crtiuvrs tc,;,:sia#a lt�be.the identical individual described in and who executed the within instrument and r - ; �.:acEsonlec'aed to.gie that he executed the same freely and voluntarily. IN TESTIMONY W -SOF,I have hereunto set my hand and affixed r !`r ' my off tial seal the day and year last above written. i. , rn IL- ,ot Notary Public far Oregon. f MyCom A .1..7/.6.5. _..... Commission CX fres.... i .j STAT,'OF©REGO1@ FORM NO..'2^.!—ACKNOWLEDGMENT ENT 4 -- 1.� I 0.1tvrHx.,v ecs bays ebo ca.,Nonyb.a,n.ane. -vf kis t; !1 County of W&5hingtox ss tI r BE IT REMEMBERED, That on this 6thi day of December ,"J E t h , before me, the undersigned,a Notary Public in and for said County and State, ...n ; •s..�x✓, named' ,:,`T1,, -7.1....1j_....7,,URQ1-1^i personally appeared the withs •v r....- h'. r ,�, ltnowi'fQ.,me.'tv•be the identical' individual....-. described in and who executed the within instrument And . c acsrtosledged to;iiia that C. executed the same freely and voluntarily. r G; 4 „ IN TESTIMONY WHEREOF,I have hereunto set nw hand and affixed i.4 „, ti -r, is itis!seal the da U ' $ ,r• � t .r y and year last above written. i': { ( 4 � 4 i-;':.:! Public f ( Gn. i 'hP.F".y�-;:Z t•t .,. t� ' �,r:,-'`w'.fr ,'�is 'L' c5�l ,r-.,:',:',,,:&.,',•:.:;',,i',.:4 F r F{r Q , . + rc Ai i30M, { s tit r -f F ♦ fY7a3Ji ats , . {: .zn / fsS '}+ l L- f r ', t r *i 1v2rst}'�� r�, si^a�2J a , '1,,:::::.,:'-- ' Y rr $ r4 r n ixr ,Jr ,mssrs 1 } i'rs . .I 7a - t 1' .t sS � k r ' s. •;.y-40,7...,,t."4 -,:,.:••:',4".:,',. :...t2 u - • r 4 r s .,fn:,• / r. �+ r� r ' _ ,Yy, fx� ,;: i *, iLe !T' - � .F °} 1 , ."t Fa i- tw.y"'7K t. ;; 4: (' Wh: " yI`1 !ry 5a %:A Z -' ex ;Yk ki r , HrH Y�f:T � lrfivesgP= S Y,1 .�` � .}.�... 1��.�., .fiir'�3 .t� y . 14:'. s % ; «,i- u "itli w '.*a , :,1V?ltiit.r : ',,P 5+ u a Ro ^>'y # ,,..4' tsfi' tu- Z ? ,Aaa6r a 3 , , a , a« 7 7th ` Hi "s �, Tr i+ , :IOW F3N € v*'4ai^ Y� : v: µ , � }.t .s ,.0 !3 ` ro .. . .4F. ..: i -4«Ki A� N;+:iFiv:+ .y:�;•:...-ssyr :g,,:�: ,'.. ^'ry,� {t: � 9m r � r*yL,f- _tr�t.. `rgr^'., tL ' � •,�N `d`'h '�r zi--"—{v:—., , „...„.44.:,-4-2-,..:, ..w-,.,:. 'M moi A # •. �' Tlr-.wit% rT, }...r.....�.a .,. �, •F.�i•.c.,tys k�"', ys” w �"-� u' ` "i sa c t �tac.a s - �^T 1"7 ''y j'... ! � ,+^'.' t `wta6 ` ' x s .147.'.x3' �`'k a� ,'°is yt st i � 9� e 5 h ( 5g sv ' '.�`aa< ��'"':•• : �` n. i r r�f �, at Xc �.1"'"�, y., ' `i. .:'.4 ..t.F F.r U:.3 T ri �S" .a�iS '.yn .iii a�j#'S'i °.w'z v, �'" :�:-. N��''0 is... Lar a-,r �� :.' � rtr rra ,tom l,. J k' r f ,' a�''�-.}� '�+1}sK.,;117_,A''06, 1 thio` ' aiji ar:1-54` ',"'.. , �ri gyp} {,,h x ; j<f t `Y, Yx r �T 7: *,'3{r. . ..+a �Y# A �t; �: ',.4,,,..Y �' � a ry,�' ..4 s � r r'�' ra i'tiY.i�r'�3 g ' �`U�1 ' ,4f S-'it' ;' r x r t U r F M}i,fif '1r;,t} � "r"d -*t.,ra f a .. --T4i� r.,^e•'"' .-'v'eY z'�, - 'AL -.'s w.0 u� i a r s _ e z s - .d. .. l° d1t _f:,*.1` r' t 'x Le v 2p e ..'" 'L2' 1 } u•8+�. ;,f.�" r t9�i. �.r"�a� r "4 R. .'� 5 ..' vrr ^ :,�� I°' 1.t '.'x•s . '�"a �3 � .. �L. '"+°t.� rt z^ •.�.-+r�� 1 rr1�ar g� � s at w d <� # ws t 0.e6.1 , y ,E'A thaw:. y �� Y KNOW ALL MEN HY THESE PRBSENIS ThaLT M. bAanTUV6_YCATfiFIELE At—T-, T1YVE. hu®baad•, wife rte` • if t.� "' + 11IPREA 2'. SUifSCNETTI 5 JEANETTE SttLNbNETT£ ttuabaad 4 wife ARTB'JR=G.°AMES & BLSIE W. AMES V �'<m hunbEantI Ir.wife BEES',C. J0F1NSCW I W FYEI,D9 4'SV7,A.'{NE. t t �" •1tr"- v � s e' P 1 Lm '.:0' sad & wire i x !!<.ertineftsr,rifled."the Granmre srhathtr ons ar rmota thap Sae} !ar and Ic papaider'etiaa of the ptlytabP,of the suns of Tee 'Oi dy roe,'" ('1C.,..,), the tere)pgt of whtcb.fe here(ry beowled ed,.11'1 do hereby ,_ ;▪ tell and-eonvo�'to ��yn .., Poriiattd Gmerat;Efeetrir Coiepeay, en Orogonl.Corparetlozs: berejoeftee roled the Grantee, ttt.otee eeora and asa.$nar �.'. perpetual eaeamcat over,ander,upon and aeras the following deacilbed p.., ..ct]ted ttchated En Wpahinyton Op$944:1410,1:t.'n �_^'` Covatp,State of Ors Ban.being a etrlp of Lod a",...:-..... In width extending M1rae (Sifeet ore salt eldo cf a itater :4 ,� i,m �.,L.�Eet _ line marc ps'7,!..11 .described as rip.Ofe .� )'v�t*y rc. 6.tU Beginning"at`a point on tt o south:1-1.--. 3.d,ne of t)regon Electric Railway C. petay right Cf4eey .. j ��f itx Qectioti'1, T 25.; R 1W W: If . said paint being,S 43° '44' E 400 Feat sod S t 41° 4' s 35' 2 52 O'foot iron the nrirY.hcient comer of that certain tract of leered dencrihtd 3n` a,-� " _ , �.r.,�:1fo lleoit,'315 Pate 344 running,,thence 3': 29°•25'N k0 feet ;y 7 f 1f '4 j w, g. IF:thin an h r nhott3.d interfere with.future:r•oad�or railroad spur trach' i?ort:ltu.d '1.4."4.17,' -''.4:".-_-...'...:':'. � , 411.-' �neral Electric Coepany will relocate ronid anchor upon Sa aaye written notice from.: ii-E 44;le". %'ry hGrantor. -.-;;'i,' y e to yy'�t' y M1 M.f""is t �f�f'�f� i 7 I K 1�psf� wa F $nlyr`'Y' ,$`r • i�,, v� a-7 eF7='J'�i�1Try�. x "sire + rk }t .{1 . �F��N �� ;. 5atd easement shall be{or the perpetual right ta:snoalt meintam,ca[tndaad laeata`aathnc sad SoY were--- aces 1 y lam, �Rr ,�R h 1 awler npca and arenaa the obtee deser bed lend of tree Gran pre t_a support a ectric power nanewleetea_itu xtcectaieO"Palos y "+. a 3 t., 't'"��,,• amt towers `'. ;ry y e ,-.. �l A Lir' I•, t'"Ttdf fro 'The Grantors hereby ecIaowiedge,that 01w 0!..,-,7.*: -. urchase p im namued here,n;ln aeeap ed$P Grasstmv ax loll compessa { s C� +e- . f f tion Ear all damages incidental to .he ezerme of said!easement,i44/.7_:for lay wad anchor extoedlae over uadee"a1N s"1 „� , � �, a+'t'"' {l gr +�neon eat carom the toed of tYte GratrtorauU 4 �r.'4=s 3 c M��3`"giru • r ..If the Grantee,ata euccetaora and coo roe ehal rail to use•said estatoai..for the+ ur one above.mmtivaed fora eon-, r 4 �'t rM + 1 t£nnava period Ff.Sc leers alter the eot>atrnerion of cold Power tracomet ihon fa is tree !h a and m tl at=event,the eeaemeat "'.. 'Y r `' shall terxmaetr od nil eaghta iivd piavite ea granted herasassad r tt,e1I assert-In thL Greatare their bunco and atre6'as + i ' {"L ' 'TS �t+a G foxy b r bq vracrank that tL•ey are yosece ed of a m6rYetabie utle to the properly awered�h9 t3tia raaeweuk sad � `�a.F - `�"`jS �r have the rig t to great the as ua k r ; �' • 1 .T'he Grantors far'thmeselves and.their hese and.acs gn.,..'c nzt in And with the Grantee,ata ateceetcera and tea gat, , vaJ '�_ 1'. A '�1;',4.,':;:'''''''':".... :.=';:! ' f rhea the Grantee,ata ouccesee n and aassgns atsall peaceably enjoy`the nghto and p-roliegee;herein greeted. p Ir' �' '�4; � � �� YN WITNESS WHL�REOF the Grentore have mooed thin eaaetnent to be azeeetad tfs • 8th dap...,,f.-.',0=2.4,. { e }� t e.«3q 1 y 1 G 1 1 �-`' 15i tYl t pf 'April 1971 n k' jy �s+'t,upP;.; e'.-.,:%L., a � _�� 1r 77 i +` �t `; L»'"' WIT "°�"..' / (SEAL) ,:.d.! "(SEJtL) , y ,ZS L zx r >r��„•,,,;4'7'....".25,,,,,,:T1,,,',.--.';.:;:::::9,;-,,: { 1 ,x .� r . T �r+ �u EFS!)i ' nk • 6 �,•I Rf�........... ti9}r,AS..� rs�r�� tr�r�fiY[ j. p s b '} t /rf 'b• A! ..,e''', 1 (SEAT.) 4g) - �t� g lr t 1 e tt._-7 i /i : fh.? (3IIAf,) ir1 f A..L.., ` t .. t i I.� :o t ,” 4. .: 'SES&) I' v, � .s�,S,i'Ogi,,,w I STATE OP OREGON tl t, F t ' t o"' . kr Couatn of t Mut.tnctaah ae, L X11 e � � , r 9,,.;?,..,.,..:,-.....,.....:,,,,:.,..::,". u`44.i.... .:,.-.$thdap: - Apr7 14 7l br ore raz the sadaalgvcd Notasy Fables in and for xafd ;cr J r4'i" i 'J_ ' Ext - -:; ,',:f 7,;,.. �. .'`.`7,5T <r r � S r e Y2�+ µ.:'�LT3�° »F �� a s .....sad 5xte'ppr��na.attya�ptwcdT M Tare 6 Katherine A i'7.7'it Atf*ad T Sulmone-.- & 't s s c s6 4 Sox netTnt Sulstoaott:i Arthur r Anes'4 Elo.ie:W Ames, Rees C Johnson Fred W , r r S�4 R �� ".tF�'M'kl 4in�'�E�a'�l�ey' ,Af,Errn_Y`z'a�1r£a�da ' r . ;. l yV -- t 1 � er .�"�^ +A� ,,,,�� T8'dtd'.'i®aern�#°' g ladlvidoate deecrebed En ttse foregoing tnetrameet cod who arecaled the f°reFalltg fattennen;ants ,p o' r +x d" aF ttvrla Cd t the'mantled the omen_freely tad etlmster34Y_ r - 1 7i )""i7 r� l "x�'rin�{� o}4 Fry rix '11 4'1 w , .''tom`"' u^�' h k,r 7!.' f.'i a f y'� S#�y,5 f _---fr1 r{TY 4�f YafliRitb r,,Z.Aume tsceunta;et my head °d al`ax,,mp aa_,L aril this,'',14i°,dap sad yecs Ea _ F.',";,,!-,;4.-1,":.i,. �' � „��'saSl.i$sitl{t'm. 1 'Tr-' i `r _ ei Y3 �'t r n II. YZ¢ '9..., Sas RxtgoA r<-`*'tau ..w , rip ?' t - i°' r,��a,'�r ",�:. �v to}� �.ewml aiq tt....��T'f1 Rr 7571y..,, � J ..:7;:'.'"'717 om' ,..�n,g:.,.;�� _ I t.,: --� .� -. to {t �m ltDflEO towoinacte Sin evert F.!'44***; e .w one,, '" 7 -'t!�°: "l/ "e�!" '{`d 03 bbx...,...,: Pnf F t,s k p�.., ( � .....i a.a v, rr t at �Wv"„ r- psi°"'�'r✓,�.^,sW. Yas2k:er %�.ara. 'rte W_ ` ',_ ..�:',..**11,..,..7.2p ,rc- r• mss b 'plc y !t1 rT -_. _ w. v„ - 'a. ,F'e "� w�^#r .xM - x 'W(1 aw~ _ ...",.. .�. _..,d __. '. ' 'a:ra �' I i i. ? i7 } 3 = r -y : may.�M r. s. 1 a ; ! Imo..-•^."'.--1'.�.....,. .3., � C�� ,.. ,.., wt '- • • ! d pF V i ,-M a i��D .ISL` .-_ 2 3 uy ''itti AFI r SEWER EAS6ZE1�i g ri d Hi --- , CCC====== y .,..,.1!•,...1,„2,.•••• (�Ir. MOW ALL b BY'THESE PREUNTS, THAT i r et.a7. 1228 S.W. Wain Stoeet Ti urd 01‘,..,,,,,e1. ....,.....................................1 a 22 otic 44;, (., 1 `4111%-11.,4-4,1:0;,:::',a,01 ' rii ! in consideration of the sum of Two Thousand Nine Hundred Rorty-five & Yn16,QQn„adalaarn 4z. .,'”,t ,?+Er Y,^..� and other good. and,valuable consideration to them paid by the Unified Sewerage Agency of j '�.fi,t "1; `r V 4(1 lY 91 F}T 7. Washington County, a municipal corporation and county service district of the State of , ,+',x }£ i.,>,, Oregon, hereinafter referred to as Agenoy, the receipt whereof is hereby ac'amowledgod, , s �*,y .. does hereby grant unto the Agency, its anodepeors and assigria, the right to lay datt:i, construct end perpetually maintain a�sewer through, under and clang { yG' k` dN 7fil ', rr ,A,.PERXANENZ Ban= L w F,e°z` a:e, pry,. � R 4, iiM4'. A.A portion of that tract of land in Seotion,1, TosolehL 2 South,`Range S West of r��-..yy p i"°S'' the Willamette Meridian, Washington County,' Oregon, conveyed to Paul A. and.Tillie ilex'n. a .•a•''. Zurcher as"3�':.'aot 1, described and recorded in Hook 315, Page 399, Deed Records of " �`, ;.' said Washington County, more particularly,described in two parcels as fo1lowst r F� 1y] Y 1"r Parcel 1 V I A strip df land 30 feet wide, 15 feet eithez side of the following ' �a, l 4,'•=';'....‘:,','' ' described centerline. r iv4 ••i Begissning ata point on the Nor`h line of that c©r tai. . tract of land eon li•„, Ma4 t ...',,,,k. veyedto L. R. and Fay Davie as desoribed and recorded in Book 395, Page b''�,9k ,,, ' , fi,:` 267, Deed Records, said point being 132 fact, more or 'eso•„ casterly of •* ,��, 'i 1: •!_,4-','-'7,"',:.",1the Northwest corner of Said Davis treat, said'Northz.eet corner also being ` ;.yK 4. ,s I. 5 „S'rthe re=entrant corner of the W.W. Graham D.D.C. No, 39;. "�' }1. m ;Y',ri�i J;17:;,1:-...,x, l • • Thence: North 4E° O9' 4g” Went 94 R feet, more or iesca, y =11 ,, Thence North 1° 56' 56'1 Bast 569:61 feet;' ,3 tf r� 1,.', Yt Th:ence: North 23°,211 49" Wes' 200 feet, more or leas, to a point oit' y` ip � ,y4r• the Westerly boundary of'said Zurcher tract, said_point being'81.3 feet, i� i?"d`a�s'n , 1 more or /coo, Northerly of`aforementioned•Northwest corner of the Davis ,: x t,{,.1, rh, Yr- • tract. .: 4 �:4:5 f�Y144< 'Parcel. 2 . . . � ' . x} 7 aS „ �`rhG A trip of land 30 feet wide, 15 feat either side pf the gallow9.ng.• ,, " uy1 �' a >',�R ,described centerline. �,,1*5,,� f`.1:,11 '" . �7'n `,�f#yids1<�'. -.:T'4,1,;',•'}''''.,.?;,-';'-':.,,,‘,- Beginning at a equare iron at the Northeast:corner of "Edgewood," as duly r �' ;,,r r s. •srorecorded subdivision in Washington County, Oregon; • - ,;,tip pat 1} Y 'ta4 rh '' Thence{ Westerly along the North lire of paid Subdivision.92 feet, I __� i__,1 a`..z. xS morn•or less, to the true point of beginning of the herein daseriboa T , ej..+,3rF • :centerline -.. ; I w lNs as i ah • Thence. North 23°.21' 49"West 137 feet, more or loos, to a point 3 -try �� on the ;host Westerly boundary of:the aforementioned Zurohar,traot;'said 4 , - ,,�1, tit `Xtl�?m point being 122 feet, more or lees, Northerly of`a corner,:of that certain ,., ti- 4,'�7 .'S.4104.1:1;:i;:•,• ...:tract'of land convoyed'to.martin L. and.Alms E. Prather as described and ' .„i "y4,r �u_ Ui t th 'sib� recorded in Bonk 595,,1'age 290, Deed Records 'of ca3,dWashi.f?gton Ccurzty, s 1 i z�'�44w � A.4,i'see 1 said treat also'1sno€n as•Te Lot,500 onWantint,rton,t:ounty.Assessor'aIMoP xh",r�,yigtkiSik 1r 2S 1•2 DA.,- y, '.^t iA!' s''eg: r As an inoiient•to the use and enjoyment of the aboverdescribed PF.t TANEN1' ` � t+ s.' EASEMENT, and as a part of the consideration for payment ..the above stated sun,:the . F4 ' �: rfz 1 M ., AGENCY,,dte successors and snOigns, is hereby..granted a ORARY flAS , identical ' "rx�':` ti; N x�'-'t;- in centerline location to the above described PERMANSN'1'RASEMEM'', being 1OO feet wide r+�, �,a . , y : �.' `?5•!'14, eLn ,�� 50 feet:either side.Of.said centerline, where feasible,; said T 'ORA£ty BASEMEN/I, to r+ �; x�s sl- :be automatically extinguished upon ocmpletion of laying down and construction of a rc� , t+}�s `3 n.�Lar F` �� l 1, • newer through,,under and along the above described PES afAhTGh'P EA9Fl lTl , �'¢; •7 s SY �� BOOK 2 PNCE s 0 �` • k.3,sr# .1} sem'-YiYt [ m to ° s I> n UF.e '- . „e. r� 'YwLI 11i,c l 1 '+h � _ 'h,��,.�A a iL ��u i ry=,tFn, ti '3v L .. fy f�ti (Bain c ,It. 4 µ , .. . ,. ,,. • ,.,...;•..r.s..__:.17..,, -'s1,,..-11.2",-:•,,L:•.-:-.."-•,..--,1,• -'.:. 7 •-7- '-r.:;."•,.. .X.,...., ' . . . . . ,Nz•-i',.,,t;-•,,,;,1.•;•:.••••:'.,•i,,..;, • , "•,'''.•.:.,':',',q.i,•2•1`; .•:,..:•.''A,--e,,A,,,,:•,..',..!.;._ .. . , • • r ••• , • ..• .. , •• ...- ,r,'•;. .- ...•,,,--,,,,,•,••,•',',,:'--.-.r.,;:,,,-,0••• ri..9.rAAr . -4'";:;cc4,••-•-izz,-..s. :0•. 4"..p,,,T.T;;i,,,,.., , „ . : " - ' :, .-•, ,',,Otkl.•411-:‘," -,4,,...•2?..T.:".:4:::,..iki"0,0:11,..,:...„4.-,,.. ';.''''...7.•'''. ..'•';:+ Apt',..-,,,:".•T,•,!.T,:::.;11:':.,•';'.!,t,-'4ftai,4;V.:'..•,,`•,,,5,,. , • , „.. .: ,..7,_,..•,f.„.:,,V,qpg Yik1.41t7d), 'AFTVilk,iF1120L8' 2.i,.......:-_,,w,:-.7,..;'•-,4••*•' •-''. '" ''' " '" "' - . ::`•ki,:i.",:,!:.•,.,74: 1,,,,..,,,,4::.,,:•-„,-.4,1.;•.; ....-1•,,,,,,,.,,,,,,,.,...._, , 526. . :, ;i--1,,•••10•,,s.,...,•,..*,,,,,,, ;',•..,..".M1-,;$,•:.::,.:,. , . , , , , -;:'iL,,:.•f.:5:1-i:, - - - It ie understood and agreed that no structure shall be emoted upon said ,---,, ; ..:.,141f1Riallt Daimlers easement by the grantors without the written consent of the Board of County Corsmi ......a.„....r„,, ,,,,,,.•,,, , ',r.i.;...?!. ..' . •:,,,q.'eiT,..4 of Waphington County, as the governing body of the Agency. • .."' rt,..%44..,.4*,., '...%,";;F•W:4?).` . any right or title to, This inetruirent does not grant or convoy to the Agency a the =Isms of the soil, along the route of said sower except fox, the:purpose of:luring ..,,,....,;•:•.-..5. ,'j,„Ore:,,?.,'14:4y".. . 'r••-yr,: - , ....r.rc..t'.,,,',.•vr,:r,'sr44P,:., ..J.'........,........r.*4...rt„...{,m,,,74,...,r.,,,. down, inspecting, metering and replacing the sewer line. ..'•117 as WHEREOF, the grantors F..N.; end 11. suzant____12,11..ticlE_Lils,__Ltk,•,,,,_Tuvit•,........,,...,: ..A,.4.-$.hA4.1,11.5...c...,P.,5,0f6.,.....,tiF •'...,',.,c. :'•:" i,41.4licig•;";140 ...-,--- et al .. • ',..-,r-'1.-a.)......V.....„,...,..,crr. ','','-''',''',:,',..?•-"L:^"'''.1,17V,I;,.k:Lri ..r..ra.11,!::i • ,,tv.,..trt,-1.0.r'r , . • r,,,tr,..g.:;:rl.p..-,:r. : -----' •. • '•,,..- •r r.,...;r•,..-rr'Or'i,Yr''':•:', ..r.trIZiti,R,iiarg. ••' ' . 4th.. ,.. ,' ..'....dai.aitle.4:•;-'''' ''',4,•05VrtiiAgit.1. above flared, has hereunto set their hand and seal this ' . .... , ...,................., ,...,..„,....„.7•.r...1„,..„„.r„ir,,,,,,,,,I.,-,,..i„,.. ../ir.7..tir„..„, ''.1%5',;*-ic•,.. . .•' ' . „.. • • , . . -. •.•-...... .."' ,s:. .:"::.5'91:1E-ia'AS,rei.:2.;.-iL'i:. ....',-7qr..-1.7•-•"ili:,..- ,A.D..:19.......72 . • .. ', ' " -',•.•.'":.'....'•7 .......•',...:.:.i'!„,...,....,,..,"•:....•:',r.•:,..?....f...,51,WIllitz,,,tjur:',,,,: APPROVED . • •' . • .., .... . -.-.r r..-3::ir':,.'....'•i rit.r.rr.rriltri:7.1g.i. ';i"sZ,i,.2.ACIA.. ":.. . ,, ,. . ... • ,..,,..411•A : L r -• ' , .' • '; r":.- ....,',........'rr'..-....r",q-',...r'.r.,,,,,..'&4ireerr.s.1,,,„..,v..&;,.. GENERAL MANAGER, Unified SOWOrnge '- .. ' ' ":' -''''', ":,:'"'r7•.....":',,,,,-.•4.41.-i,,e,g4.1.4.-PO..,t,'.4' 41.V.Vat.,,...7. • • . ':'''.........;•,.-7.r-..")::-.;,,un.,'1-.9zrET,,,,,F.PA,,riti. . ..:',141:4-V1.'",, ., • .i • ''.- ., ''.:'' .:••,',' '',-',".'";:::',71:'''.'..'',''''•,V,':','":-.,:q:SP,'JW,63',:..`kl f WacqL12, ' ' County. . '.. - '',. ••...-..-•.,"'.';.,.'..,,,,r.,,I.,7-,";-,.. .,iipi•ii;*'. ."..itrt,-. 0 - . .. - .. ' • .. • . .,..L,/,'....'r:'...-,F,'.•,,„7. :.A,;',-;.1M:.ri41fqe.1,e1.:Vi, r.tvrk.).14, • . .. ..-• • . ' - • ' , . ' .' '''\,S211....- ..),:r',..7...4:1- 01etti,T4tOritri: ,,,xA?i,-.-.,-•:: . :By ' c....:1) CD •= .-."------' • . ' ... • :.' •••1::..;',....v.:'••.,,,:•.,,-,i,/,y,...;:e,,,1::,•::,Alrt:;,,,;!.15I4*,: -, . • . ‘r:4,.."f;.:..,,.,:r.:::;,.,...v...,,-.4.,4.4,45-,.r,......,:;,?,.:44!:: iii.l...-....4:',.;.-1.'"''';',;:•,..'''','' '..•.''''''''.'. A''''''-1'APPROVED---.A '.n.'..-:) -.-- ''''"'''''...-'''''s'''.''''''',.''''''''''..L.'".'..'' '''''''..':" ''.'''''....1-.....:7''',...'....':„...:',t,..-'.'.'.''.'...-';',':,:''.-.....t.'....,,,n.%-'...-.•-•:...:',.....t.,':!...i':.t-k .:',•'''...,,,,r•:,,t'Pt.'.•'.„',.5,-.0.m.'::•--.;: :',•• waahingtou County connzei. . rr . ' " .2,r. • . ,...,;. „. . .r. . ,- sFAL). .: •• , ,,;;;!-..,11.;;;;w1.....".t.70q:ii•E'ir:V:Irrr . 4.. 3Liseg'ikrk.i..-.... ' . 41tidieiraserhentaiskTh':;.-...:::::.'r.'...";.,,..,,.;.'s.."..:".,,f,..••.'...,r,...q..v.,:,,,?..t4rr,,,k1-....;,;45-#04,..A.5:...,, . 4';;;:%,i5,A.',;ii.'.. '' 'By .'', . ' . ' ' " .' '''' L. ' . %L................ ' ' . — . :. ' ':, .. ' :f;'•••- -`.. ;.....•osay.,,,..3 Si'').6,•1 f;,YeXc'74.P.-lig',", . .1ka.g0i',.•,,,,• -,• : .. . • ' • •L ,:'••''','..•%,k'Z.;',..if.N1,.',....rot.,7,614...:v1 KATE"OS GREGON ) . • ' .• d ) e9 . Nik,...,s,4,,r.,,e4..:.-;,..„,LL.T.v..-0,114..;;;;.........(sEAL).1,,,..:.„.„.;.„,,,,..2...,.,,...4 rir*....",•- ' ',., i.) •.,'..'•''',''''..'.'''•'': ••••':-.1'''.'2•.'•:'.:.•:';',' ''.','•:.-Y:q.17, .ir. . :''1.4q.-R1 ifP.5'.0.4gi.r.1,-`•:L.:.'47;•-','VOULUtY:OnIVininiit.O4 • , . " - 7: , - .% ..,.;.".''.L.'.!'.:;,'''''':•.•,6,i•:'„!.t4:204-ir2P4,':.N4Vi°: •••;0']'.r?,2',-..'., ...if i r ''‘I'.;ti" .: .- r - 4th day of thin • ,. ' ' r,., , -- ... ... `I.V.,%?1.5W., '.-.".F.'•z' .i.\r',....'. BEr.rts.mstmEempr That on -- April ,. • '.•.-.- •'r2r..'r: r•r-r,....,,-,%,w.`,. .-1-.....1,,,...2..71,,:rr,,W. i...-0. '.! • 'afor the said Ceiratk.ralurr:3',•4...'r:rr.,-4,,..;r1?‘;'.;AP-1.,:lk.r,,,I...,,,.;: ••'5,14in''' , '....:-'1: •• jj, :' undg , in and ..... .......-...„:;4„........,..;1.A.,,,:-'......'...".1..:VW.7.A...t %.%F.I.;;M:ri; ' '. ..":. 1.9 •• before °°, the ersineda notary public '•',;.{:se,'::::".,„'s,tt,:: .,...,„ ,;-;..-Tr,---,..i, . ,.. •. • .:::', !: 4 ' • ':',''.=,•'.,._+'..2".',,......,• •,•/'-',';774'''''4'1;*.r.r:i"!q.4.".,,i'jK4Ct'•;..,.; '''''''''''''''''4''''''';''•'''''''' '''.'''''..' :---"•,•'''''''-''' '; 'd th -,,,ri'thin' woe' d r. W. Pialds;lild.R.''Busisise.'ririelde-,'•''`,..,"w-y,..,:rg,,i.,!;'..ft;.3.?,1,k-Wgifif;.44:',.1. 'ilt.'1--ifgn...':',,,.. ' '',8'6str:Iq'.P.Ov °1,117 aPPear. e "L . . '. ..,;,... • -- ,,:' .-r r • ,•:::..:'2.'''.".r:',.';'•.rin'2'it4r.`t''..WAi!.Zr`.',-)6,fe.k.'r;P: . .,... .. ,......: .•••:••••:, ,.•'`.,' ,, ...(14,r'rg.M,iffA'V.PArt.41-1'gr, - .411.!,;iiii::7•', i'.','-''.'":!•".•'':'''.......; ... : : '''.'.'•. ._ - ' . ' ... ,. . . ..' ,...;.:...,....•.:,-.;:i.:.•:4-i'l'O.:',',.74:''';'‘',44VA•lig.',47. li.',PfiA4-Ei•'.',-,,, . .' ,,.-, . • . . -. ,., ...:,:::J. •-. „. .- .:.. .....::-..p .."-....,,J-:'.., •o:•..14,•:.,•:',..;.'..'i.,: ikkiki•-..g.17-a:44v, i.:•„):,:o..4.i.'7,:,'L....-;'-' „.7.`"'"'"'"' .- ' . •' • '." ,.'. . • : ,,,:ther,withia,r.r.'i. • n •L be'the identical individual described.in.and,who executed. ..,.. .., . rifiri.;:klit,trr.;'i5-'1-..r-r,%$:;..r''''...'f.°4ns'' tarutse-'•• • nt,:an'd'acknowledgedto ma.that they execute e can ...„.....,,_.....,,.,.,,. .r,,,..,l;',.,to,',••••./,..ffe4fV,..'.i•Erl,F,P,,,SA , :, • :f :.',...',..,..'.•:,''•••::,, :•.:.......,',...cl f -•:.'::':'.'::':::::•54P. 44:0'.',tq,k4 .1.5.10,'fr,•lin.,-;,- -;,5-.,..'-,:•• L'••• ': - :' : - : L.,.....' •.•::,•,, •.: . . - , . • •. • •,.,••••••••••s,, IV forthe neo .,. ,••,••••,••Ty•-,,,,,,,,i,...-,,,•0.,...,-,....:, :.• • • d see therein expressed. - ..r'. .. • ' •.:••• -...4.;,,,,,,r4„......::,.,:-..:',,,:,',......'.r..,r.,...,,:::.,•'....)„1.,;11.r,ro,r,;,,,r,,Eriz.:',..,.;.f,../.:,4 '.0:••,:q.:',ti- g';',H'....,;•..,. .B arl. -17L1213P,., ., -;• ,%,;•. ; '• ":,•.-,,,:-•i::.',•,:i";!-'.1,-:;;:,•;,:•`;','•.::'•-.q,':':::J71:.Pf••••X'q.?j,',.i,X;g?ii•C'4601 L ' ' .. P. 'I have hereunto aet ,r.hind andeffiiied.*4±4:0*0',#,?.41,4,3.?:::::...:iiA,,,,J.64.,,-tiv, . , .. . . ...., ., . ,.. ../. the day and year last'above written.•-.„.. . ..7.,J.4,..- , ,.. L.,?...,, ..•..........„;,•,..,..,7,,...3,..1„.„•.,A7,,,,31.5....i1;.,..,,,,„4. . 1----".."- •• .. .' %.-•,•••.......1)•,.,. 1.44...,•,?•.,,,-.-••,, ,'„•,;_•,,,-..•-i',.,',1,-,..•;.' ' . '. ' ' ..:' A....''••• •., .• •••'• ,•• •• ' ' ' "'' 'a ,4,......5..',.1.4V.-,•',;.-4..-t=,;1,.,,•••,4:r•.•,•1„1..iU.r•.,x.,..V.•::,:.;:.'-;.•'-''.',.•.••'..=.';,'-..,-•-7.L..•...:.,,.•.,'.'..'.'i-r,.,...;•:''-.•',./•7:,:•:..-•.':'•'::.:.--::..•'r'r,,,.•'',.,'y,'.,'..r,".',C•.'.'::'--...r;..,:•.'..:'''.: ,-.•...;.7''%,::-;•-:•':,••:,-'.' ,.',.....•';':.• •, •:'. rcyPL.'u:•b, i•,.,-',c...--.r.fi.'o,.'.'.'r.:. 45e/an-expire :.'e.•,':,,'r, •-.,,,•,,-...',1':,''r,I'',4.%'',••:'. -.,4..1z.'.$'r.',f..i,K.z:ir!.i'S:'.,i::'if;r:;l'r'.1i'.,,,.?1t..,-M1:e,;.,04P.)V!,,,,%):•;,.?z•:r••'AsV'-q. ' • •-• -.,••)..,t,'!,tcP,4,,,,N,.,6.,•L.:'..r,f,i9. ".-! ..11:•trt7.-r.,5:AT''!".',.-:-4.;•;• %...."....:•:',: •.,'1`..'.'."....';',-::''.;.:::•rs'.: ';.._''ff-:.•••••..-':',:;:?-,:•;',:'• '. ' ' ,'. -'1' '''"'''.• .---."'... . ' '.,:s,4.--:-••''';'' ".••••',--"'"'.. ..'".."-..-";..:',...1''7.4.3.1:-.15A.,....4:61 ,q3-3.,..i1,7..,...,,, • .• •--- — - - . . • -- - .• • , .• ' - • , - „ ;-, ,, ,. .4;,,,y;F,t,„1,),-zit„).-,.,, . 4.:::::V::-2:47j4,-,1•:•:•,i,..•-.:.. i,,„, . . . .:, . : . .. . . . . ' - .•• , t:•-e.z,.3.1.*12....c,...r.: - . • ,m......,r.0,•-.T.,:-,:z...-...;. , ' L -. ,_•4'4.,::KtP.-..',:i..,:,,-.,.ci.%. 00.7.:4,:•.0...:-....-•••,',.7:'.. ' • ,.- . • .., , '. •. - . ... • - .: ' 41'.•::VAT-Lf"7_41";•!:•tr.,:•• BOON 820 MI t.1 1 9 ' .. . 4,,,,*"1*. • . . • , 4.,,,1,2;a4.,..v.cr..,,..:-:„!. ' ••'• .:48.:',47.i.:".!•'-•.'f,. ':i.:::.....,:,;:;:f: ::-•':.• ..,. • , • • . . ..•., . ____ „...465...0.`,.w,. ..,.-,.•.,: ,-••::.1,::•:-.1..".•••1••;'-'1 • ____,..:,-r=-••,'"'"---.—"--""--777.1"--."."."-L.""---7.7.;--.7"--.7--.....,.., 7.'........,','.•••••••'''.. - '. ...'''''' . . ..----7-- ' ' IF'-',...' .`"Tao'"•"•-'1,-.Z,,E,":,;••4::::•`•,i'''''' -'"'"" -'' . ' • ....:..` 1 1.'1' '431.• ' ' ;•'. ._. ..v.',,L.,..:,,I.'',,,P;11 7 ''.:4"..7,IY.7417.1t:.;,,ft.'i':.'-'...''• '" '',"'-'':..=" l'7'.:'''..,'''''...; '"',"'!.'l',..•.',.‘ '-- , • . - ; . ; 'p•,.'''.'',-•.!:,':„-.':;;;;-Fq',i.''.,,"•;''.:',,'. .,:::•-•";•'-.:-..',..1,;!crv :,;,.....:',:::2;:';'•-..,'!';'-!:';•:;;-•• •:',..',':L.-."• -'_1..: .. . -.• ,,,•;,;;.; ';_..; ;,.. '.'.,._._.; -.-:•,•••:::--4,...•;;,,..........,..;:-.,:-.:.:••••,,,;4',,,•.-/,..._•,11;;-.....1.-;:,. ... A '';''''!-!':f.5":1;•7;:';:'..„...„.,,:"..;•,..-,.;,,...._F -;• -„..,,••••— ....••••-z:;'•;:lit-______.;,-'--.-:=4:-...:-... ...-;o,, ,:%-...:.--,-- ,,-7. .. .. 7-...-7,-.'.:-...:.zv,•-...-':-:•:••:: :2',;1,t :' J::p.agteZ1, •;•44,,'"644?''''''•tft- .'.4:11'::'77,7f•-..,•• ;. .... ...i'' -*.9.1q.,;=-_;t••:•:::-.`•.,,,t,..._1:...,..,,,;••• ;;17174,;'-:-.•••'''''''''''-14:-.:',-2,_••,,,.7••t•'"._•-- -.•'-",'•::: ".'11_ • • . •• ____---•• -.,•-- . , - *... . .-2,.. . • ----- - - •-•• .x ..-•. -, „,, .. _..___..... ----•-....•---— • ' FL-4.1,V,F0 i 4 • -ftp' >,,J,,aa11 1 +l 'p- f..1 .z ..- .. - .. y. r.�.. p. x7ti.'R9Tvil, 11� 'yet f zs tl. — 1 ' QV.µr. ,Ll The foregoing Permanent Moment ie granted subject to each and all. of the ..`� . :;;;',";X-''; following terms mild conditioner " r. ti ',�'F • 1' .f k Cit t 1:"4 �',t'F4 L`i,7 # sv�r a. TheAgencyshall require its a enta officers and oaetractore 14',N �"1"`�'�.urxi�c?; '.7;.! to to kp d maintain during the period of construction such ,l i: ? fencinganeloeurna an now exist on the premises to preclude IYYYgrT_}'�. e.,-- i� , escapeofGrantors` livestock, or totakeother suitable means ,;y�"' 1�'{ an. -. t rx?ti sI �, > to exclude Grantors' livestock from the easement • area during �'s �N, _�r rn�r+�x�*fr �u the period of construction. rn xrr,x : b. In the exercise of the rights hereby granted, the Agency shall40, ril` fiG .-: require its officers, agents and contractors upon completion •by , ,-pm.,lin'. rV:> t. of the work to re-seed the excavated areae and take reasonable y; supe to :tenure, the restoration of the excavated areas ac seeds i l, `g r-a ' had for such Growth. t Golf' �s 1f rr c. Upon completion of the work, both the er etual and to orar 1'€i ,".4%;!:",-.1'0-.A'‘-`4-Pet-C.."j "+ctxiC. VA V rr. P perpetual mP } x� e 4 r aE`'s' rx ,. easement areas *hall be left in a neat and workmanlike condition, 12�f• ,- ar t. ei' f ; free of all loose materials including brush, trees and debris r�F f. ,"',�`K which shell be disposed of off the promisee by the Agency or p : Y"�'`y+'r r�h)' ,r • its cantractora. { ......44-' ,,p...;`:s , k , 4,1,;. .,.:,,T,4; d. The Agency further agrees that in connection with its use of c -.n4 { k the permanent easement areas and in inspecting, repairing, m ,a ifx,r��gl `, �y-' maintaining end replacing said newer line, the Agency will r` �"°o AVYkr"�1 likewise leeva' he premises in a neat and workmanlike condition -: m r ti and as nearly in the pre-existing state as practicable r l, K Y+S . e,' upon completion of the construction of the .newer line within`the r J`r� ;�';,::..;"4.,4,. )6permanent easement areas,..the.Agency shall cause the excavation r, ! LCc0,...,,c,..:! °a r" rr .' at' thersurface'a a shall. cause thelsame to beed as msettledae iandtccompacted'..- '` - ''si tea A ddoil r 1'' h. J� ••:4;i'ei. by:nee of a recognized.medium and the Agency shall, during.the , yw�. 4r-, rr- s; Y r,,,, period of normal sottlememt of the soil within the exeavation, i �z <; �l sY cause the said trench to be refilled ao necessaryto ra-establish , i i , � ' ' ;.'•IY the re-existi surface contour,. rior'.to seeding as hereinabove #'0401',0,-.1=4,9.'5� '' ' -n �Y provided: Grantors reserve the right.to place fill materials tt1', ' sjx f. over the sewer lino to a depth not:exceeding 25:feet measured • s,, ,t SSI Nk� from the top of the sewer pipe, if ouch action be necessary in r' t r �� a4 , "r '; connection'with she future detielopirant of the.property for lawful awn ',f 't t �'^', purposes. VD1 f, Grantors*hail have the right to connect the subject property to 3 S, l r4W ;, inspection charges applicable to the development of the and' er;;r ; the u leted,sewer following pa ment of the connec soma the property Y ,, s rs':�'.',r:z5'i. ''.w Y'of �, Grantor renar ma ache right to pssvc over, a�7long endfar ma sen ra f� ,;n 4,hr the easement area, and to utilise this eanesnent area for'raad ` r"1' r eor utrorat puxpoace if desired, ,;w h; No major truce will. be removed from the grantors property,; 4., 4 "� r1` ,, Q,' ori.thout hie written consent, with the exception of si strip 4.440.1),.,',44%-. t�f t , of land 8 £eat on ceeh aide of the easement Renter linea • 4 ��_x!?: !R7:4''t"ad k..-1GYa-'r1. ,, _r"` ,. d ionP h I pf1 ,'d a ,;411"411%.::,5a �Jse; 0 ht,.. 40 aa..S. 07' % SrYf a l L '�yy[ F .P aYN lYr 1 4,o Y v: f ',.....:p.-...:;f5,-,. .!1:.y ' _ sI.i )rl'u,uY�:r•c r5 Vis5A f!;7r l! i;GW � - a'",i'•::::�w • r 5 y $ + cy,,1 c�.T ft �n �� - S `r 1''' -'''.',':.21..71";-.4•4•1Ww 4.0411,1•41:14'...:f77). • &4r.,, ' �� aLryr .,. •r•rr±� r k w>'< : tf $1 i' :E' i� cs 'y ( f rt w }° ,kyr,. IN WITNESS WHEREOF,'the gows&m¢e. aC�'bLiR ...4 i— a Y E'r E ,U,h v,....1, _ "`4,,1.:.V.,'ry.7:e"�,I I+ ,,gy.pp E�� ti tri jty - C�.t!p'r's. Pf S ."____Ct_2_ M�Sim �:...._ ;.,J ;r ,T7 se P17S.r7.R..tk.'�y . '')",it'd,t above named, has hereunto set their hand and seal this I day of .t ;'tt 5ssL4ird: y •. ' A.D" 19 a �. 5�41n• t tl{+ rt' :4'),1;11,;e-,A APPROVED r se mi.-. ,,t ,�J hg, :.. GENERAL MANAGER, Unified Sewerage f,, =41, 4 ,..,..4„, l. l'•'"16,4:1::•7•7'+� 4Agency of-Washington County. - x?..%).'4.11''.4.°,7'14\"47•4.',."T:-'4;,'”'yk—,t,',•••,•.4,..,.....::::.• . ,,t By . (SZAli) + ^1' ....:;:i.,,,,4f ^4 1 r id ! S f APPROVED AS TO FORM . . (SEAL)..' lA'gwr"wi firwc r Vi^x4,1, 4 { �.P.t "1- Washington CountyCounsel _._5,,2 (SEAL) I 1c S>d • - - 1 �t 1 4(r r, � STATE OF OREGON , ) fa" �i?f�% Kr 1) ) as "� 4u 4v C., 1'-, County of Washington ) • • • • n k6T1�$x E'a�-c S - 11 4.4,,..,..„,...,%.4.,;„.r',.. BE IT REL EKED, That on this / day of A A :y� ��'�',i ' 14. before me, the undersigned, n notary public in and for the ea id County and .v ralyk llfi��`• 1,, r a SC%te, personally appeared the within named w •.� ��E$• §a� ' try ^ ? g.QCs' to ma known to.be the identical individual deec�:ibed in and'who naecut•ed the within rT _ • E k k T. �" 4, instrument, and acknowwledged'to tae that they executed the•setae fr'oely and volamtailly ��• { rbi'�°d x �r 7 for the'noes and.purposes'therein'expreaaed , ' -�•c ; • a _ ,r • r: is Irrfi .1.w f IN TESTIMONY MREo$, I'have hereunto set ley head and affixed my notarial Neal +t, x,� , +s,.. ��M J°! 4 a'1 if fy1�s-1, `, .,this the darn and year last above written. 5+�1 �,, .LVf •Pi.n�} ; `i r• : . -- - C l �l� v. *, �yMfi�f xC• .•4 "1" F,: Notary public for Oregon rN ,r°1 Ff a� r: :•, �a" ky Coennio:aiou expires r;..,•,.,,,..,..,;• ..1.0; tie :5 ti sY`r_ rs14i JLC G Ir n . oi4-,. 1 fi!! lye wEilS ; ry 61''''''''.:.44.. ,�.�.1C .- - ? lz ,' 0 ....0,e, it ,t .ti. , Ink ;U4li t'i ' 4 ra�e31' 'Y -f-1C Y f• i 1) , J. '.:', .. 177, .'y't..:3',..,P;,,p,,!'';'.1,!.?..Y.„,'li::_,..t • 2i —.., '. .'� ., .. - ..r-0.441 i i,F Zt li,4,11e vii:::.:Lr. AIS 1� �kl .. szi wu � 1 e 1 1fit`L/ 'f 'rw s"y -^' � M1r >'� a �, "' "' .t a.�_...•_,',-w �- 3-»� _ , w. s . y rj a f i.:".."..;', F f;'--,:',.,•:..:.,,.3. ' p { T`iky • .. '' ! i rStiISf'F�' r..,,,,,,.,...,...,,,...„.„. • A j' S ! F .w.7.111-• • :it f a 4.t. • l -.''.T.,'.,-,,..1,7' sCt , f f • ' u !,N,n j,d,,w,Y �A1 rl tik ., ,r,,,, r.11;..4.. n,,„..,,C;rti A,,7§F 3 ritA, lry7�erno�C >f-e'''.,'....6'..-.:;L''',.:'.,=:).-'.'• I < " t s • . NVI.,1'-'1 • '. 526 ' xi�a,4�sa { ii e•:-.1-:?/).--, IN WITNESS WHEREOP,'the g aientera* }`fh' j►1f (} Y Y1'Yhe%. ‘4- SIS-Lt----11)-- -C11-"' g �, $ i�kI�' '-ia� • above nensed, has hereunto,set their hand and seal this day of ar I I • iro 4.1.1.,744,.4..,...c....;... ,Q�. 4 ..,:l..... Air A.G. 19 Sae,, 2 Y APPROVED y }(x, s•Lg'�; ; GENERAL MANAGER, Unified Sewerage mw GY " , ,r„ i '10.:-.1' • 135 ' Ra'ny} ;`.:4; Agency of Washington County. 33 i., ' ? • g l � s� ,^ r,. . .• a rr. , .e✓ (SAL) ,, a,s i; i. of /J � l- ..r4�', t i'' APPROVED AS TO FORM _ S - ' g �I (SEAL} �� ,g scwK (SEALjXa ` sv .r: {� Washington County Counsel 444t rua. FF i # Y . 1 Y 1 ,A 3,s,+.J �i4a e Ilex - o-�.s 'r "�'a'!TT vrFl ;: rT fx Av • f um STATE OF OREGON :)., t ?f -. ) a a • {':, .} •$s *-1Atq1 2".1al!.YrT c`{ • 3'• • xr - rCounty..of Washington4. E�'N35 ` . Y �h Lh xf ' A n * I : 4' 57r4+{ BE IT REMEMBERED,That on this daOf 71 S. �5 19..2&_,,.before me, the undersigned, a notary public in and for the said County and X`I?,-1 r n.�F^A 4X,,,1! �!,. Etats,`personally appeared the within named '-.I w �1f • 4-�t'r ' s t7,'. k it Y,�a } ! �w..vc"i.s 'a?FAY r� .. ,•to ue known to be the identical individual described in and who ereeuted the within; As i...^▪ :'...,..',.,,, f' . fe' " • t ,•iwr d.t+ r 1 tr. hl - • f ! {'''!r',.4: instrument, and at ,.. a@ged o he that they e,..' d the acme freely and valuntaxf'.y ! pai�P' ] I r� -.. • .� .Yds,S K11 I ' for the uane Sail'purposes trokein expxeaaea a 7 ;' �"rtY �,��r ;a IN•TESTIMONY FtitEi{EO•F, l;have• hereunto s•etmyhand mad affixed my nataxi.x] neat �{ ;�?�K �,�� -f.."-:'''''''"'"1"c thin theday and'year last above written: i _ fF� Slur 4 fan $t K+'l.�- F'''' No ty Publia for OreSon • ' a )• ri ` ' F °'i ,° 11 l ' My Coamieeion etpires a s ,;,�}` Ft(�iS-FJ r :., t , f S -'"4'31 • • 17?,-.' l$q n • 0: p !.,a • ll .0',,.!E‘:,";4.:.1. _ 'uO�1fo 920 ('fit{ 19 .4 Ago g'kL. 4 -7' () - ,'''7413."11..311,7141/4.' ?'17'r F''';!...:1-2 J v .w ap R MY ctt ..rYak x,,,,m. : °xtci Jl,ur Y a.t . r ,, r -[rc IIYr�y�i , . r t1^ 1 , R e r ! L '-...,....• R • ! • ▪ '1 u e o ii-fAl.4.i' tf E rr r � ��Y{�ti'; .,,,...t.:1..,-::▪ n «w. 3 J 3 rz ,n t � ::..;r.:;.5..I.1.,..1 I.,•,:,,.:.,1.1,. . �f � ;�� ° ti r �ro"'r��'+��`ri i�'{t' XS r;�`rb ',lrp,."Ry .T .':s•.1.x1,.:F:4�.,xx.i:.aalplw,::,.anew' � � z,�� 4 1,1::::,..1P.,;:::... fri I t i r • :-; IN WITNESS WHEREOF,:the gree a (t.(77) tj c tcal/ 'a-.A.•[!�"YS .,wx.} . '} �r YiP'' ,_�a... 1 fide b�-- da}}eyry!'2- ' /vide _�� ...i......,11.1,-_,,,A-z:4,:, {s Y ^I ' X 11 W.' ''''''.144.-',::::41.-",.'S'' .1.93 . L`f�T;< above named,-haa hereunto eat their hand and seal thia — " day of "r,ter. Ley !�a�45 A.D., 19 ,' �, p aJ,' �+!i.f .APPROVED 1, f (y� iw 1: ''c''' GENERAL MANAGER, Unified Sewerage k tit` ` j t yt�S�a , cL„ 't":,...;'.24-1.'14.:14',.." •-a Agency Washington County. s. �� N i'3 7 Ey-. re,. �. J.-. -($E11L) rf,;r,C. ,t�wi+�i+'�,'.i{�'e�. y i1 .., -APPROVED AS TO FORM • / ._.�.....,, i M,.A-a-. (SEAL) ;i'4ii ' 3tar f\r BY., n Y. l ,,f31y Washington County Counsel (5E Y'T r'. F �- -04 �I YY i t., 1 '9'.',111'','S''' STA1E OF OREGON ) l 'L, r,t k -.-....,.1,11,1 ,e. ;,a.,, .. R!!".•,;•-.;.,,....,.....),.r } Tht tntf0.lS ...:„..41,54..‘,.:.eBE IT' REMEMBERED, That on thin 6th' day.of 'February A 1) , " 1�?..� `ty ' " r l4„ yI_ , before me,•the undersigned, a notary public in end for the said:County arirl ,,,f3i,r .F�+.",ix,i y{ �;A"', State,.personally appeared the within named, T„'SI;Tuv .arid Katherine A,; 'Tuve 1 +�yKA qa 1K For/ `.. �.'�t vr`Y^I�r,r 7 ; I _1i.7?,:-;:,.....",,fA.....9p.;,.;.i:l..r„.....:f...l.z.....s.ii...c..J--!p;;;-4...:i0:!,7.,. ▪ C .ir ;$ S�;3T -to sae,known'to be the identical individual described'in and who executerF-Zhe tsitnin 1 -#.6'!..37;7.-'1.. 119 t„z , . 4 ,'"wf instrument, end acknowledged to me that•they executed the same freely and voluntarily t]3 "� r. r y'e" for the uses and:purpeaee therein expressed ' c � F ''...1-1.4.` , � r IN.TESTINONY•WHEREOF, I hate hereunto set my hand and affixed my notarial•meal r ,i' Com° fib c this the day and year last,above written; `+mar-r .. _ - r F �t 5e 5 .:, ?�.;Kfik ' • - _ t, 7, Lri. i{f FSS F .lg Notary Public for regos a v Ir;, _ ;rt �� - � ° My Omuta • rMa 1• 8,"1973 ,,'a} , ,b�.4. SvF"' P''lSSt' ',77.,,,,:,;-•••:-...-i ▪ 1 - _ 4x L J:J N ."1Ni Jl. C a,,...:174, S / hl p .:•-•• - '. •: 1051Vp/ Ek 1 OS 4 d!_j.,-,,,,,,,..„_ ;.•,...„:„ • • • - I"Eur f it f ; �, '''...1.'•",..7':'.:::'.',L.(.:''.. s " /'': ,o a .+ y £ • a:'; ... .. • - '•J' r JtX 1 - r l 4 ••'....:,—.71'...,'"2.,;42. _ S^t'i f i h{{{{{''��..+++++fi 5 "ki`T`M1ig",- tl J .4 ...;. Mr„I I 1 ._ • J. i _ y t ." "WI.'IR ITh 1•�E 4 l.'A '1''.r �.yr `f, tCa,., i ,,,+tf,5IS' x�.�y, ,h z ,4',...,,,,,,,'s ,h.,._ r.,J ti.t4. rsky.,19. kyr tll,"?;,•., t..., 'r-fi 5 .f.' -'V..;, 4;. tr< = IN WITNESS WHEREOF, the gra ICJA�� 1lYCtiDSe'✓5 ....,A,,.:•411'..-',1..:1:-...s.;A4r/ by , i r .el 1 Q'g /ro Al r +17' -7IlP k3a� . t'i r.'..:'.7.'f'4.':i'•'.:`cl';'' ,-.'N'''or 'C ta'' • above named, has hereunto set th,;.r hand and seal. this 18th . day of§ept '^ .;. £ 'fit ssi' - A.D., 19_ ..72. -- - ` rt r,f. ..� 5 Rs: APPROVED r { h..' ;I t rc . GENERAL MANAGER, Unified Sewerage' .. • .�tyt . of r£IeS 4 Cnui1 ty : Agar, g i4' .. S - (SEAL) ',.3).1;11.45.r.,"4-'.`:.,,,.:.... • L� S " ri APPROVED AS TO FORM . (SEAL) ,.,"14,4..:40 Y'4'4 Lk Y�!' r � i(5EAL) tWaehinCounty Counsel �" /-7 ! 1J ',' By ,/ s r.. , �/�J 2is d "f} .:,',.•A'-.,1,,,,..- - ... ? -1N � i Y ash T7 3 Jfil 5 STATE OF OREGON ) ▪ i .1. El: r ,� .. t_ 'Otk21h ) 88 - .11E `':uhr apt a 0'; County.-o ) ,. rs F} Ott �tw$r, C BE IT REMEMBERED, That on this 18th. day of 5en$aallltsF}YT D t.., �i° I9 72 , before me, the undersigned, a notary public in and for the said Count and. vl "`Y'r I § /fir .: +,R.r �rR., .. State', personally appeared the within named A._:' _..rr • {za4.�y • :•1•: r. s: r',' � Mfr, ,..,..-5,14.,:.',1'''R ! I, ?▪ j ''1' a 'to'�sa known to'be the identical.individual described in end who executed-th¢:within', ,1 '�/'�, ?ris1' . r x {5s)w;0 4 .-..,,,'1.'„.%,,,;-,,,....„....42.,.'-...... instrument, and acknowledged to me that they executed the same freely and:voluntarily 5y,,, ,;'2rrn for the uses and purposes-therein expressed. 7 i „ti F = " F ' - IN:TESTIMONY WHEREOF, I have hereunto net my hand and affixed my notarial seal r RL#` : `x `,.-.1; ,r 5 : ',,. --; .-v„ n this the day and year est above written. vw i ' ' • �'I��slk fjl ;. Notary Public for Oregon fr �Ss x } r My Commission expires / j� ,,2,,,,,. .s z r,+ .22;',1-1;;;11.Y:, -, - • _ 1 7 3 ,,c,°,rtp54, 1'21 f IIF . • IID .. - �.- ''',.-1":','^ly5' R F 1`. 1 6 If •• I !1 I •F y 5 t 09er20 RG44 rtJquf '4'.7.•'...'"^. 1 `a {"af �� ., FF".•Y ,f r _ (f -4 ,..:Rg I ihl `'. i� r ,� .q +..v i itJif Y, M-,:, m/ S .1 n) '''''''i.'......-1, 3:1-'.",...L.,•"':}, t .;� y f < a' h •1, k ..i lvJ ' • r i �rt +ia • ...��Syy3y3y3s644,t 4Ih�K t ,i-_ 4�;"4"¢ +'Yts,: - a r 1' i:'•A: R l Rp t p r$-. 7' ''' a, xF. 40441 4 ''Ci'tFAt 14 •A �'r�q_1} tilt, '.'r y� y `-.gri ;6 a r t ',,,..,1-....' ,i; y- ''r + a ( ' .', ai'{ `. 1 ryes 4 +e A.1a�} kt, .. T',, f ` � 4. 3f V' 4• ,s F t. ',,ii i 7 ' `r. r+'t?, ti;i''3 { .'.,.:4.:,............,....,..r.'' ; t r'xf°'44 q.�t 4r y b,`f ,.�r"r.'Str;3� j,,x.{ r r1�r rrsVir f t r,, 1_ .?f; ,.,� ,�.."tdi-i•r'>.t ',,??- e ;.a...-�,--1--,:p.',',:::,,,,,,,,";2:: .p it....-,:,,,,.•...,:,,,..,..-,.'fa• :1•A•V°fF 7 f �4 ,.1a r' .A y7 1-C..�.•a,a r) ,x 5v rr"Y. r ,,,....17.',77.,.-'1,1,,, 3„�„`' 6i�- a+ . .,•,,,..,...);,.; ,` 0. 526r,,i.�FF ' 1 i,Gt Pte:. �'•--- --.9',,,,'i '��,'.-^X,r t d yk r t�CE7 ��lSC. �i34h Ab{moi\I ,S.,Jj4;J rs "RaF..F7z7.5 l __i_ _ V art rN t L, r N .FL,V{,,4a 1 f rs-4 w • .fhvrre2ic n.e_.edi73Cvs1G s 4:;r4,41,...7.4";'1,..4:1•4.,•!--0.•!4{as ' i iw _ �R • t i ;3 a • r ,t .4%.,1111,,,44';',1-,!,qf yi qts 4 F - •• .5 .:"E.',15:-'":44,,',1....51,.,g sal l`. 3+ , gb`�fit • x +��v{ a y kr�F.l .- .�kr hs„ t;�kasy�� n. x�jr 120 Uy rbci ryi i ,ty'�+�✓i � trsta t l ti' 4+mss ,.i C. r. i k q cad 3 ram1"",— Ry1 v4 1 '�i - i t L3 5 n5 F? - ' •' i O zsq' . ry !:ii 5[ATE OF OREGON - • .;:,,..;...,,..4:,.., srn 4 u1,.... '1,44;1,715'!T5g •County b+Wor-h0..•'''''''.:11. �u ti.f..'s.LF,_`... .4013.P. "' , ; r Mr.$�r .3+t fi.t$` ka,�nr I. Ra crf1»nwrn c Olrator at Re •:,."‘„,^ • er ? . {t • 't g . and Etec1IcrcndCs•0€ftin Ratadar o! r1i•+,y +...,,� ° voyar¢m fa ccid'tKntr do lc uw certify7. % ` 'r ,i, <r..; h., } hai.Oat thin}intrumart of writing;wac ,: r, l ' P4s N' V- rrtaii4Pdiardrmxdt In•iooa+r rdwrds ,g+�i"p� L `teat •::,•140.•;•`:'''-i . ; J ,{ L1 -�—^' - �, ti.) F ,.rts =_Cc"-, :- �. X ..',: i. y s ° 14. My T r 1 • • cly 6ih "r" r; It t U t to 9 s 1 z..a, •.i 1. 1 ,f;L - 'Z-4,''''.2.'5,?..:: iV1.561.4'.°V.;•.hd_staff gf - _ • ' f' " Jt Z?Nt y ,' ,•', ReiGie.T{OMSSEN,,,,ihi[iMr of ..",:.••4:',..!'; _ �h '?;.•:!•:5:12'...'4i743 • '''':1':2::'''''':;''''' ,,,,,,.....7.,"1.,:-:, U s r�,' j iv '''''''F'''''r''''' [. .!1 BQ�K: J�wCJ ME - .r,Ta'Y a Dat Y • 'J-4 c r r Y - rn r � Y ,4 -f - e ., 's. .ery 'L. �3r fKf ik'._a • i i1t h di F �; " r s tw..• i tk7s4SS�� Y i • 6^�'Ok'+ "+ ��^ (' 'r • a 4 r r .. n• h f� r � 5 x r xi Ld . .,. .iit 4 "'t• � -`• ' k4IM rF 4 tura y sr _t vu6 +r e: r t ' (h + t„ fjc ,sie?r 1n +t p r 4 J F c�h y "r+ i r 3` ti.„e.0hCa �` i . ra`.S.tr �• , yi}�,� �. � + �r � >}.1,;or �iYpryay _T YcA � ?c enei �d y4.,":,'....,::-..1.1 .1-1-. + g t „' • `• `I ., ,-JN t q i •-.L.'';,-;.•;..-14.4.,164 .a n SU 1 . t L ”` ' ht 44 l t1 pY 11 ” • f }� `17'•� _ 7 i .tet al,.,, 1 d ' -;' . til .:» worn —. ..._....__,. . ..d.lkti7C 'Fk 7F7t! aTSmt$'a+A�..""" u^A.. � ' STATE OF OREGON County of Washington SS rnant .n s r. ly y.of i Clerk far & rr� thatand rdad' 4 said county ''1%.;.....".r(A. • , . •j J it-cis saG,^•creator at ' '.. :-malt -- axaton,Ex- Doc : 95003861 _ Rect: I36814 23.00 01/19/1995 09:49:36AM • r 3 . i Y iY7' 1....,`,,,,,, ;ywr ::J:7•4.;Y • 1 ! � a'. ri'r ?r & v-- ,rr r � jcs • + r� ew-a w r ,-..,..".".1 ,:,, =–.'coo h n .r - _ - r.: .'` 3 1 -. W '�'a771.141h i t;=a�'. `m':-_ .......-..: „w_. � - -w171.,,a...kr....mer•nrn., •,-fes: ...-- -----_ — .Mr .».G. si9'fr 1 vr3,Ylri Y, Hll r'',N, ISr.irrr3”E1IlAf 'y'= h 7rLLrwt . 'J -rc.a-a — --r�. -- -- _ --. 7 -us :]" i'rn' - lrl'+ t syfrIi r fy,�' tie;F 1 . Ic ,,r. ^- --- ..,,'inr4ti“. f : u„ Ft y rill- I .: i I �1q ... . �=-,--- Artcr Recording Return Copy or ttecurttect Document tut _ '.3 City Recorder•City otTigarrd -• ^ 13175 SW Hall Blvd..Tigard,OR 97223 CORPORATION File Na. i 8: EASEMENT PERMANENT SANITARY SEWER U F.W.F, Investment Company, hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing,operating,maintaining,inspecting,and repairing of an underground sewer line and appurtenances.together ,,W,, with the right to remove,as necessary,vegetation,foliage,utas,and other obstructions on the parcel of land described in Exhibit"B"situated in the City of Tigard,Washington County,State of Oregon. _ THE TRUE CONSIDERATION for this conveyance is$O-..(Xl, However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. . ="7"..,,,,7,-.---k . .-,. ......... ,J, ,.^-,,,•t„...:.:4,1! - -•- — — .-.Zakisi.L.:".....z.6.•,- _ - - '.,,-...dr.-tr•cmit.--,..4'h..-1:,,--',,,,L,-17,=-:-"'.. ..----,..-- _-_ -_-__,-„,,,,.. ___ ---- --------7'3-7,--,,r•z-w•fpi,....,-...-.'"_--.-r-----_7---4.---.7,.-7:..-_-:_-:7_7=-- - - ---. --. • ---••••-•,..-.a.---..----- •,,F,---,-4----------...............-0,-...- --'"-- ---'-=.===----------='-'=-,, k"il_C't-- &,„,-,,,,,,- -.--.--- - ________ --- ----- - ..,t•-•.:7.--r---..-1_"--'"-,- ---- -----1-------------T-7.-----_-.7.:-.4,_ -!--_-=:-_-_-_-:__. .__._ •-•----,-L-- -=__-, 7._7,7„______-,7„.--._-_-.74„,„izeibtonelt.,,,..1„,1,,„r,„....,,„,,„,....„„„„__ ---- - L.:r.,.go74)-2.1,-04.•,-,4s-$10,....4..•,..,p,..4 j...,,,..„,110...„, 1,1,„1:00...1 ,..;04 r--44.--. .• :.1 .... A:.`. •- , ,. .. , .v.,4.-•1.••,..t.;,:i..A.•,;;,:tdtrzta,1!„.Kbejitilorc =;`'.. "- '. ....„;•, .. . , ,-. , ..,... • : , .. EXHIBIT MAP . . . P . • A PORTION OF W.W.GRAHAM DLC,NO.39,12 S,R 1 W,W.M., N., CITY OF TIGARD WASHINGTON COUNTY,OREGON I - \ S4,3°44'E 31.18 POINT OF SEGNNING \ , r I • -r,". ve, Ni 1 .., 1 Lid. SANITARY SEWER saeivw 829. V.e,„ cv...-, I EASEMENT 0'W SCALE:16 zt 50' — 0 I N 1 2 c.1 - fer Z _ tte to 1,-- Z - te3 .....- ....- ,.,El; ,,•71.* 1,- r \\ . PA / ..ir-- r. S 81'28'CIIP RCEL VII W 8.27 (FEE NO.. 86050410) _ PREPARED BY: COMSTOCK NORTHWEST,INC. 2450 S.E.BELMONT STREET wr, PORTLAND,OREGON 97214 .11.. k, (50 )24-8112 1 I • .e...-ft .,.,._„ •—,_ - ,, ,_ .___ _ - - _._ , _ • , - ,,,.- .,_._r__ w-x.. ----......J.5.-,44.......,...r........ ._..... .9- """""' 113 � uu :21t.4. ..R.yw,w+r..maid34'iik:Ptew]rlr�"I,w��titi�b � — —-- lIR3Ff hb.M 414A'�1�I�''pM`F4,,,wsiv.ss.L-......-.w...., .. • C 9 EST HE • LAND SURVEYING b CERTIFIED WATER RIGHTS 1 May 7, 1993 ... Sanitary Sewer Easement Description FWF Investment Co.-WCTM 251 1 TL 1200 _ Project Na.93-029 • :# ] A tract of land located in the W.W.Graham Douatiau Land Claim No.39,in Township 2 South,Range I West of the Willamette Meridean,in the City of Tigard,Washington County, — Oregon being more particularly described as follows: r Beginning at the mast northerly corner of Parcel VII as conveyed to FWF Investment - 1i Company by deed recorded as Fee No.86050410 in Wxphington County Deed Records(said point of beginning being on the southerly line of that certainconveyed tract of land to the Oregon • • Electric Railway Company by deed recorded in Book 83,at Page 163 of said County's Deed - dRccoreb);thence South 43°44'East on the northerly line of said Parcel VIi;31.18 frit;thence —. t South 46°16'West,6.29 feet;thence South.6°54'56'West,254.14 feet;thence South 61°28' 1 09"West,8.29 feet to the west line of said Pared VII;thence North 4313'East,223.89 feet to the ,,. Point of Beginning. Contains 3645 square feet,more or loss. - .11 Rt'T- 1. '4 a REG tSTEREO :.3'_ - PROFESSIONAL LAND StinVEYO C)ftcYC3[EG 1MtU1R17.14at7 JON T.FEtGION g225x -. RENEWAL.PRre 12-31-13 1 x 1503) 234-811: • 2450 S.E. Belmont St. • Portland, Oregon 97214 '.`� - fY r _ E. • ti e( lY.r1'SYY _- .- . •r -.....:7:„.....•-•_,•....,A,,,,,ondAptimmoppiameretwv.,..;„• ..,_•_,...a„......0./.1*1..'".-;:r.IrmaTel‘maamre4,Yrscr.cova,.... osus'eatdiVraccsei,...ai r....Y..-.a.,;.34..... .;-.....,......—..n.C.„. .,"- -',./7.r..7g-_- ----.7-..-=-... STATE OF OREGON 1 E r'l County of Vysshington i ,,,,..1:pcke... , ' '''••'%ety: .•• 4 , Jerry Wiinnso,nyOlrentor of Assess- :...1,:L.xi7,.•:•.. moat and,,Texatinn-i ad'El<0011Sle County 4.7,7::!';W•:.. .:. •. Clerk Ir,teld courriy,Op jreroby certify oat — n the withlelnatn/Ment of valtiv itvhAlrecelved and reoerded,tn tobWOrleconde:of said • 7..-..= COUrIty:' i '.-•:•,L,;',"1..:-:' :!; -.:, It -1'-le'l ' ... -... . , • . . . , ;, 1.4t• '' -- :::•:.;., ...,- ,'•--, (-- ,t," :c.,. • - • . ... ,,. .. ' •1 s,•',,ei,-.„ . . .. . . . ,. •. ',.1 6 r ry R. Harteen,•Direotor of . ,.MEntertMent and Taxation,Ex- '•'t •Z:i.` --- Offick)°aunty Clerk ' .•-,4-V,,,,,k• •-- • 95049211 Doc : . •LI,ii4d..;. •11,::,q1.ti,.. I nv : 5615 38.00 .:1•1,11z;.. ......__ 07/18/15 09:02: 171kM99 ••-•:-i._.--..-.:--..•:--_,4 . •,-;„.?„Jp,,,-. . 'hr.,,•A:','' •-e,i.'"-i'i '[05•:,'3''. 2,;',';',: ; ,-;/..;,:•r.!:;:-if,' ' •3•-. '..',":!;, ••••?' • .•••:;', '..•;`, • 7 ' :t'.. ,•( , ...„ 1 ' „ • . - . .„ , ' '• . . .. '..1';• ',•'. • • ,. .. , ..!-.......,t 7,,, ...., ....., . , .. ... ; ..., .. . . . : ,. . ,. . ...,,, . -- • . ..... . . ,..,. ,j.... :.. . ''.i,.. ''... 1 'f., ;'-l''...N'.."' L. I '.-r-M11'.•:- .,.-1.....1.- 1 ...-,,-.:.;ov•:,:..., ..11.ci . •,..........i.,:, ,.,,, .x. . .. ''..ges.,,:• r ,...enel•r.',1:,.... :.1..91/A.•:,•:: ....,,,,,, 1•1••.ir, ../•;:.:•:;•• ... '-. • . ,, • i • • .• , • , , . , .. . . .1::::7;i'il:;L'-;v.r:::';;•11,1.1.'•-•7•S::::,r,,r,'.,:.‘'--.,•' r .r . • ' • •• " ' 7 .. . - ... , . . , , . . . •"--...- . 12...'..-':';.'.3.:.f.•,'••• ...' -.7'""=_.''.4'ff...e ,,ACL:1+:4'..!•:i!.‘',...'.'-'):',...i';'•-:.".",; , • " .1- : ' , "',:- -' .. .:-.i ' • :.;:....:1.,q,..-1,.1-:,,•:. --1;,.,',77,,;• ?2,,t,:--!-'-.-',':., '.,:::...!.'IL,,,•"L.:. .: , L . .. L.. L . -- -- ,,,,-;•.-3-tt,.-,:,A...t•-;;'-'-'-•,f-,-•.•--:••'. • • , - . , , 4,, - ,; .•,, ':-.1.• -•• 1 •=='-`4.,••••,4-.7.4-4•-•,,,,,...''..4„•.,.-',:',,,,,...,.,,•::-;t.,', , -.---''.--e=1.:7,!,.,,11.',,',.1-7.3'';',. ''''''''"-- —• ''4. '. . , " L-,',". ".j- ---1'..'.:'..t.;,1...:';‘'i;11.`','I'f'i., -:•.:i."...; ..'.it:-':. ' :.- e ' • . .. 1. , 1"- ,;1..";,-• -;.2.-'-",••-'`'•-' -T--.'.;'4Y:i-.111•4.!-,,.::' t,;:•:,•:."•:-:-..,` :•:=::-,2-•i.k.L :- , .,- . ' . , , . A. 4 - yj4 .61, F �•'i !tl7VRY� ' i ,. c �«✓r "RT evey.� 4_. t � : r a upa �aF3 . ` ..-•''' 1 Ij1 . •a!_ - ).- fi ,-SNi ; ,7,..v . . .,, { [ Project McDonald Trunk Suer 4083 ;. y l Parcel No. - '2 � r V. Legal Description 2S1 11`200 01 4-3-4,10Linear Feet 99.4' CORPORATE SEWER EASEMENT ::.. -- . Name of GRANTOR(S): FWF Investment Co., Inc. eeee. apw 111 Address: 7930 SW Hunziker Road, Portland, Oregon 97223 An Oregon Corporation, GRANTOR, owner of the property described herein, does hereby grant, convey and warrant unto the Unified Sewerage Agency of Washington County, GRANTEE, the right to lay down, construct and perpetually maintain a sewer (or sewers) - through, under and along the property described on Exhibit '"A° attached hereto and by '. •'iee this reference incorporated herein. This grant of easement shall run with the land and Mil earnshall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and assigns. This grant is made upon the conditions attached eel hereto, marked Exhibit "B" and by this reference Incorporated herein. This grant is - `,ll made subject to no other conditions. Any temporary easement granted hereby is automatically extinguished upon • acceptance of the completed sewer in the adjacent permanent easement. No structure , shall be erected upon said easement without the written consent of the GRANTEE. The consideration for this grant is $20 .00 . • APPROVED IN WITNESS WHEREOF, the GRANTOR named above has her Into set his hand and i By ,��. �lr�t-w seal this 4 day of "reee._e_____ __. . GEN AL MANAGER. Unified�SSSewerage A.D., I9 - Agency of Washington County, Oregon By FWF Investment Co., Inc. APPROVED . By ASO i.I T7i ,' - ' By -. iit3,.;.„ -'•. Or ERAL COUNSEL, U "ielSewerage Title .I.a.,e'tete.-.rte• • Agency of Washington County, Oregon NOTARIZE DOCUMENT BELOW STATE OF OREGON ) • County of Washington - . On this /...X day of ,e...e_-. , 19 9L,before me, personally appeared • ,,.J. j=seeee.e known to me to be the President, and known to me to be the Secretary, of the corporation above-described, and also known to me to be the person/people who executed it on behalf • of said corporation, and she/he or they acknowledged to me that such corporation executed this instrument pursuant to its by-laws or a resolution of its board of . directors. /� 'o ary Public f* Or:'tin • My commission expires //- /7-91(e. • r. r' :: oFFICIMLSEAL _„ FRANCES L.STEWART RETURN 'ICS: UNIFIED SEWERAGE AGENCY — NOTARYPUBLIC•OREGON MAIL STOP 10 `';• COMMI5SIONNO.O20058 MY COMMISSION EXPIRES NOV. 17.1396 1 C .. .. J,. di _.--.y - it i Kan ---= McDonald Trunk Sewer c-- 15-Foot Wide Permanent r Sanitary Sewer Easement ;t:; Tax Lot 1200,2S 1 1 F. W. F. Investment Co. �� by Coe Manufacturing Co. _ 609 Bank Street 1 ..,!-4-.:-.• ' R. P.D.Box 520 r:;a Painsville, OH 44077 • , :•,f'" NI Project No. 424.OSA-93 tt ® February 10, 1994 '" `. Exhibit °A° Page 1 ,. Y;: _ PERMANENT EASEMENT DESCRIPTION .7> 1. A tract of land situated in the SW 1/4 of Section 1, T.2S., R.IW., Willamette Meridian, ;;: t .' :_„®, Washington County, Oregon, also being a portion of Parcel VII of that tract of land ' 1_,...„ conveyed to F. W. F. Investment Co., by Bargain and Sale Deed recorded Oct. 30, 1986 in „:: `,. Fee No.86050410,Washington County Deed Records,being more particularly described as 1.,,` '!:' ifollows: Commencing at the northeast corner of Lot 2,Edgewood,a duly recorded subdivision,said ; point also being the northeast corner of Parcel VIII of said Fee No. 86050410; • f thence along the east Iine of Parcel VIII of said Fee No. 86050410, South 02°45'42"West, 30.00 feet to the southeast corner thereof and the northeast corner of that tract of land as conveyed to Denell D.and Carol M.Zander,et ux,by warranty deed recorded May 22,1974 i.. in Book 976 at Page 360, Washington County Deed Records; thence along the east line of said Zander tract South 02°45'42"West, 19.69 feet to the True Point of Beginning; thence South 89°08'46"East, 99.36 feet; thence, parallel with the east line of said Zander tract, South 02°45'42" West, 15.101 feet; - thence, North 89°08'46" West, 99.36 feet to the east line of said Zander tract; thence,along the east line of said Zander tract,North 02°45'42"East, 15.01 feet to the Point of Beginning; ' The area of permanent easement is 1,490 square feet. 3 3 ' , i Westlake Consultants, Inc. ',.. 7340 SW Fdurxrlker, Suite 204, 'ig;274 OR 97223 684-0652 fraz: 624-0757 3 McDonald Trunk Sewer - R 60-Foot Wide Temporary 1`a i. Sanitary Sewer Easement '# ; Tax Lot 1200, 2.S 11 t .0_&,14,-,.5. F. W. F. Investment Co. `}, .. by Coe Manufacturing Co. `,�7. ,.,t� , Rd _ 649 Bank Street .!--1-1'?e,' r`°, P,O. Box 524 ' Painsville, OH 44077 ,s Project No. 424-O8A-93 i; .w_ February4, 1994 `::f _,'i...L IIII • Exhibit 0A" Page 2 �,• ,.:14: , TEMPORARY EASEMENT"DESCRIPTION A tract of land situated in the SW 1/4 of Section 1, T.2S., R.1W., Willamette Meridian, Washington County, Oregon, also being a portion of Parcel VII of that tract of land `` `''__...s conveyed by ed to F. W. F.Investment Co., Bargain and Sale Deed recorded Oct. 30 1986 in 7 Fee No. 86050410,Washington County Deed Records,being more particularly described as ,- •;` .. follows; :f:„..•,z;- 'W.'; Commencing at the northeast corner of Lot 2, Edgewood,a duly recorded subdivision,said '' , lit point also being the northeast corner of Parcel VIII of said Fee No. 86050410; ithence along the east line of Parcel VIII of said Fee No. 86050410, South 02°45'42"West, RE 311911 o" 30.00 feet to the southeast corner thereof and the northeast corner of that tract of land as � .1 conveyed to Denell D.and Carol M.Zander,et ux, by warranty deed recorded May 22, 1974 , 111 in Book 976 at Page 360, Washington County Deed Records, and the True Point of : Beginning; 11111911 zeeME thence along an easterly extension of the north line of said Zander tract, South 88°42'18" e am East, 119.35 feet; ; • thence parallel with the east line of said Zander tract, South 02°45'42" East, 60.02 feet; ® thence parallel and 60.00 feet southerly of the above described extension, North 8842'18" • West, 1.19.35 feet to the east line of said Zander tract; ` thence along the east line of said Zander tract,North O2°45'42"East,60.02 feet to the Point E of Beginning; U ® The area of temporary easement is 5,671 square feet, which does not include the area of permanent easement as set forth in Exhibit "A", Page 1 Permanent Easement description. i • ® F m.V aro • i • . i . Westlake Consultants, Inc. 7340 SW Iiunxiker, Suite 204, T"#gwd OR 9722? 684-1652 far 624-1157 "�'� :L �„ siiii;r.� i >w' a. ;`�!"2o-"� 3,r r�r n.:rc..:.�r� r+.e:� w^"i * �......� J.... - 14 i k;.wa c'�'a..rt” 144; ylG.K:.' ice ;' . 8 5D2'45.4eW . ' r c....) ,F,,.{",, © fit! * ami ! 502'45'42'W xrR,y1.. . in a Z Eli Z g © I- COin C•E en CO 0co o 41 Q. !� 502 kS`42 W v°'s '°v :`� il ' 111111 19.68' I m S02`4S'42"W` l `� 1 '— I it02'45'42`E • . ! BK. 376 PG. 360 w18. I .a p. 1 CAROL M. ZANDER ETUX [-L.., Si:A1F . 9" d �' '.' x z z : . Izz I �T 1z 56 • �5�i W W zd to tai 1, a o f- CV c' a� z "' Q (� �a i I q c. EL CN 111; LJ =a CN 'EL t.t. 0 i F J I • W • Ijf I i jt; • SANITARY WESTLAKE NW SEWER EXHIBIT 'A"—P GE 31 CC13VS11L;AIsfTB INC. TRUNK SEWER PROJECT TAX LOT NO.: 1200 r UNIFIED SEWERAGE AGENCY DATE: 2-4-94 litel:1 OF WASHINGTON COUNTY MAP NO.: ZS 1 1 1 L. DRAWN BY:DOL CHECKED 8Y:LM • j "a. . ...is '-'�Atcvan: ea�aR "..�a..c.,,..._.c.. ... .. ,,. F..... . .. .. _ .. - .�....... -----•----- ;E` -�. I r i .1 .. , .,; raa � —+ - ;tett -Tzt-fri',-ys. i�°i7.5',+;-.:a*.k..rr.;."- ..„., ...._.1-.�,t.....�,...___�___ �— 'a •.1071.,8 EXHm ,1 T 17 'a -1.•'',i ;: -' iii EASEMENT CONDITIONS }iii- 1 1. The Contractor shall confine his construction operations to within the easement limits or `; makespecial arrangements with the ropers owners if additional area or access is ;`'' required. The Contractor will be required to furnish the Agency with written releases 4. ?:;tip 1 from property owners where side agreements or special casements have been made by the ; `, ,: ( Contractor. 1 L.: _'' • dr 2, During the time that the work is in progress,the Contractor shall make every effort to maintain the site in a neat and orderly condition. All refuse,broken pipe,excess fill #. ,,cr>': 5 material,cribbing,cte.,shall be removed as soon as practicable. Should the work not be xi r` wok ....',.:,..x;.,,.._ maintained in satisfactory condition, the Agency may cause the work to stop until the ;.j,; , :,7. - cleanup portion of the work has been done to the satisfaction of the owner and/or the ; :••:, m Agency. Unusual conditions and special situations may cause final cleanup and ' .3 i restoration to be delayed until the final stages of construction. I 3. The term"Structure.”in this easement document shall moan all permanent type building structures,bridges,retaining walls or other appurtenances requiring a Washington I' County building permit. Structures does not include such facilities as paved or concrete li F , f streets or walkways. No structures shall be erected upon a permanent easement without • 3 the written consent of the Grantee. E. i" i f R:2/95:etp r ,i -.i I r T NpA4^.aFVWv».ti�r+.�.ss.alrenc:+x-r*..... 1.11,•.:....1...:.-..., .-.. .r... , ..r. ... ., ..a.... ..rr -. ..�1'.. .:,`.:r...ear-ar .w•M.... . 1 1. r _ .. tl — Washington County,Oregon 2d�gs-°yVV2Q4� 02/221200611:41:51 AM Vtd 0-E Cnt=1 Stn=13 t CASTILLO $40.00$6,00 611.00•Total a$57,00 1 111111 1111 11 1111 11 11 11 00912484200600204910080080 AFTER RECORDING,RETURN TO: ',Jerry Hanson,Director of Assessment and Taxation 0.411444 and Exr;,C ce County Clerk tor Washington County, % e Oregon,do hereby certify that the within Instrum ant of malting was received and recorded In the book of ' � ' :+ City of Tigard records of said county, ferry R.Hsnson,,irector asesrment and Taxation, r Attn: City Recorder Ex�lficic County Clark Lu " 13125 SW Hall Boulevard Tigard, OR 97223 GRANT OF EASEMENT , THIS GRANT OF EASEMENT ("Easement")is made and entered into the 11 day of , 2006, between THE CITY OF TIGARD, an Oregon municipal corporation(=6fantor") and FRED W. FIELDS ("Grantee"); WITNES SETH WHEREAS, Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B" attached hereto and incorporated herein by reference(the "Grantee Property"); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW,THEREFORE,the parties hereto agree as follows: 1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the purposes of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area"). 2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3. Grantee's Rights. Grantee, and Grantee's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. Page 1 -Grant of Easement 4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction, repair and replacement of improvements to be located in the Easement Area. 5. Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall also replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors', agents' and invitees', negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Easement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor's obligation to grant an easement to Grantee as described in the License Agreement. Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that Page 2-Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein. 10. Time. TIME IS OF THE ESSENCE of this Easement. 11. Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, P.E. 1149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel. 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 -Grant of Easement ! waiver of the provision itself or any other provision. ! 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: 3 ! The City of Tigard, an Oregon municiial corp ration f c)\1\1( GcYv / W - ft.,/244-- By: Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of (1)14rA ani Io+'[ ) 1 This instrument was acknowledged before me on this l7 day of , 2006,by_ Fr,..el iv., Ft:446-- . L .: £rte..- -�... -.. �.•..-.•..-..•. . /."._ ,+ .v. OFFICIAL SEAL y NOTARY P C for Oregon ) , DANE M JELDERKS ) / I) NOTARY PUBLIC-OREGON ( ( COMMISSION NO.373021 MY COMMISSION EXPIRES SEPT.25,2007 State of Oregon ) County of514,i '0 ) This instrument was acknowledged before me on this 2.t0 day of cJ ft'' (Mt ray , 2006,by 6 A , 16vV1"72N) A- 5I STf6-)T1'0 f CTt'f Nt- t-rv`f{6-5g,. (:`-`.-\-."».--`` .... - —`�,-�-- ._` T f RY PU I IC for Oregon 9 4 OFFICIAL SEAL. J BENGTSON k1 NOTARY PUBLIGOREGON ) Ct?MMISSION NO.368088 () MY COMMISSION EXPIRES APR.27,2807 i Page 4-Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59"E, along the said east line, a distance of 1020A9 feet to the Northeast corner of Lot 1 Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 861.59 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1; thence S 87° 39' 50"E, along said south line, a distance of 846.57 feet to the east line of said Lot 1; thence N 02° 51' 59"E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 -Grant of Easement EXHIBIT"B" Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC #39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 150.10 feet; thence leaving said north line N 05° 47' 30"E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16' 12"E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12"E, along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41"W,along said south line, a distance of 1349.24 feet to the point of beginning Page 6-Grant of Easement Exhibit"C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 518" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27"E, along said south line, a distance of 291.15 feet; thence N 75° 44' 01"E a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 113.89) and a length of 114.16 feet; thence N 62° 04"44"E a distance of 472.50 feet to the east line of Lot I Edgewood; thence N 02° 52' 19"E, along said east line, a distance of 43.09 feet to a 5/8"Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1; thence N 87°40' 14"W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04' 44" W a distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 99.62) and a length of 99.86 feet; thence S 14° 15' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7-Grant of Easement Exhibit "C" Drawing Showing Easement Area I 0 ''''\ a NN. E r 1 SW HALL BLVD f EUUf 00000 ? flUULU s\ ` 1 -- Z .. I E, 7/+ ./ ' . / , Page 8 -Grant of Easement I i i r Wi i'"atic nal Title insurance Company .`• F nariuml Geeup comparoy Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 22, 2012 FIRST SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1 W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: added sales price WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 13, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability L Charge $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: ForAnchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: ForPermanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: ForUtilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. Page 5 of 7 OR Supplemental Report Order No. 12003172 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88°43' West 1349.96 feet (not South 89°23' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 „_yam WFG National Title Insurance Company s W iili,ruM Forkanceal Group company Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 28, 2012 SECOND SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property Address: 2S1W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Added Memo of Option Agreement and changed vestee to reflect trustees name. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 19, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability ! Charge $5,150,000.00 $8,325.00 Basic Owner _ $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: ForAnchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: ForPermanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: ForUtilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: RegardingPurchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 16. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 17. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88°43' West 1349.96 feet (not South 89°23' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 WFG National Title Insurance Company ,. a VJilEitI fina6ci l Oraup rorapony Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 281W01 -1200 Tigard,OR 97223 Seller: Fred Fields Living Trust Buyer Metro,an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 1 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on July 11, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From ▪ Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded ▪ December 8, 1975 Book 580 Page 313 Affects .• 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: ForAnchor Granted to Portland General Electric Company, an Oregon corporation Recorded ▪ September 16, 1971 Book ▪ 835 Page .• 507 Affects .• a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book ▪ 920 Page .• 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: ForPermanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: ForSewer Granted to Unified Sewerage Agency of Washington County Recorded . July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: ForUtilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded .• February 22, 2006 Recording No. ▪ 2006-020491 Affects • Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: RegardingPurchase and Sale Agreement Dated June 20, 2012 Between ▪ William R. Tag myer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. ▪ 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)" signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18. 2012-2013 taxes, a lien not yet payable. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount • $17,417.27 Property ID No. • R456081 Levy Code 023.74 Map Tax Lot No. 2511-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page hof 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C., thence North 89023' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized"South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043' West 1349.96 feet (not South 89023'West 1387,8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfgnationaltitle.com } Page 7 of 7 OR Supplemental Report Order No. 12003172 SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date:June 21.,2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporations From funds deposited herein at the specific request and direction of the undersigned,Escrow is instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are authorized to Invest into an Interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No.12003172. Ali interest received from said investment shall be credited to the account of Metro, an Oregon Municipal Corporation, and IRS Form 1099 may be Filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. The undersigned acknowledges that the Interest rate and performance of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks associated with the Investment. Escrow Is hereby held harmless and free from liability regarding the performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this ` day of June, 2012. - Fre Fields Trust elt, By: William R.Ta coyer Its: Trustee BUYER: Executed this day of June, 2012. Metro, an Oregon Municipal Corporation By: Its: RECEIVED THIS •.Y OF June,2012 WFG National Ti - surance Company Trevor heyne OR Escrow Instructions-Int.Bearing Acct. I it SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division - 25 NW 23rd Place, Suite 1 Portland,OR 97210 Date: June 21, 2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporation From funds deposited herein at the specific request and direction of the undersigned,Escrow is Instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are . authorized to invest into an interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No.12003172. All interest received from said Investment shall be credited to the account of Metro,an Oregon Municipal i Corporation, and IRS Form 1099 may be filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. - The undersigned acknowledges that the interest rate and performance of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks associated with the investment. Escrow Is hereby held harmless and free from liability regarding the - performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this day of June, 2012. Fred Fields Living Trust By: William R.Tagmyer Its: Trustee BUYER: Executed this day of June, 2012. - 41,1n Ore Mu ici,lia orporation IT s 0 SIF _'y jaIAId R. cok-jTr . Qir Its: ACGDunr+if Corkrptr141'%a' D "-C RECEIVED THIS DAY OF June, 2012 WFG National Title I urance Company $#;- By: !! Tr- o '' eyne DR Escrow Instructions-Int.Bearing Acct. Form W-9 Request for Taxpayer Give Form to the (Rev,January 2011) Identification Number and Certification requester. Do not Department of ttie Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Metro (NI Business name/disregarded entity name,if different from above - a m — a Check appropriate box for federal tax c ° classification(required): ❑Individual/sole proprietor E C Corporation ❑S Corporation [] Partnership ❑Trust/estate yr a l v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,Ppartnership)■ D Exempt payee . o c � a 0 Q Other(see instructions}► municipal corporation ' Address(number,street,and apt.or suite no.) Requester's name and address(optional) T. a 600 NE Grand Avenue a City,state,and ZIP code GO Portland OR 97232 1 List account number(s)here(optional) rap Taxpayer Identification Number(TIN) Enter your TiN in the appropriate box.The TIN provided must match the name given on the"Name"line (Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a - resident alien,sole proprietor,or disregarded entity,see the Parti instructions on page 3.For other _ - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification number number to enter. 9 3 - 0 6 3 6 3 7 1 l I Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that f am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signus.person of 7-"Th(r) Here U,s.parsan► Date I. 6/7�� L. General Instructions C � � Yn Note.If a requester gives you a form other than Form W-9 to request CrQ�II/� r'{vtGP a � r, your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted' Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must *An individual who is a U.S,citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(es defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct T1N to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership Income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat,No.10231X Form W-9(Rev.1-2011) 600 NE Grand Ave. www.oregonrnetro.gov Portland, OR 97232-2736 503-797-1792 fax Karen M.Starin Senior Paralegal (503) 797-1557 Metro IQ free of Metro Attorney karen.starin@oregonmetro.gov June 22, 2012 Trevor Cheyne WFG National Title Insurance Company 1211 SW Fifth Avenue, Suite 2130 Portland, OR 97204 Re: Fields Trust to Metro; Metro File No. 16.009 No Site Address, Tigard, OR 97223 2;a I WO 101200, Washington County Title Order No. 12003172 Dear Trevor: Metro has entered into an Agreement of Purchase and Sale with William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust, for the property described in the above-captioned title report. The parties wish WFG National Title Insurance Company to act as Escrow Agent in this matter. Closing is scheduled for on or before September 18, 2012. On June 21, 2012 I emailed to you a pdf copy of the executed Agreement of Purchase and Sale. I • enclose herein a signed and notarized Memorandum of Option, Metro's W-9 and the title company's interest bearing account escrow instructions, executed by Metro. On June 28, 2012 Metro will wire into your escrow account funds in the amount of$50,000 (earnest money). Please take the following actions: 1. Set up an escrow account and deposit the $50,000 earnest money in a federally insured interest bearing account; 2. Record the Memorandum of Option in Washington County, Oregon Deed Records; 3. Charge Metro the recording fee to be debited against Metro at the time of closing; and 4. Update the title report showing said recording and forward copies of the updated report to me and to Seller and his attorney at the address listed on page 9 of the Agreement. If you have any questions, please call me at (503) 797-1557. Thank you for your assistance. We look forward to working with you on this transaction. Sincerely, Karen M. Marin Senior Paralegal cc: Ashley H. McCarron; Barbara Edwardson William R. Tagmyer/Richard Canaday Washington County,Oregon 2� 2.052747 06/28/2012 03:43:23 PM 0-0 Cnt=1 Stnft7 K GRUNEWALD yv0 $15.00$5.00$11.00$15.00-Total=$46.00 I 1111 1111 I 1111111 11 11111 I 11111 01721189201200527470030036 I,Richard Hobernicht,Director of Assessment and , Taxation and Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the within • Instrument of writing was received a d re orded In the la' book of records of said cou f �'�' /smentGn„�.� AFTER RECORDING,RETURN TO: Richard Hobernicht,Director of Assessment and <-;�yt Taxation,Ex-Officio County Clerk Metro Office of Metro Attorney 600 NE Grand Avenue Portland, OR 97232-2736 Tax Statements: No change requested 2 MEMORANDUM OF OPTION 0 U This is a memorandum of that certain Purchase and Sale Agreement entered into by and between William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust("Seller"), and Metro,an ct Oregon municipal corporation("Purchaser"),which agreement is dated effective -ung 2-01 2 0 I Z [dated to be filled in by Metro]. M Pursuant to the referenced agreement, Seller has agreed to sell to Purchaser Seller's interest in 0 that certain real property located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200(R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and more particularly described on the attached Exhibit A. The true consideration for this conveyance is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000). CD LL This memorandum has been executed, acknowledged, and recorded solely for the purpose of providing notice of the agreement and shall not be construed as a conveyance of the property referenced above. If any inconsistency or conflict arises between the provisions of this memorandum and the agreement,the terms of the agreement shall control. IN WITNESS WHEREOF,the parties have caused this memorandum to be executed as of the o date set forth above. rn o Purchaser: Seller: aUi v c � CO o METRO co o Z. oo _ By: /y� 4 z Name: / /tr 11`h T i9e h n e 1-FWilliam R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust Title: 'lief- Off Hny Ori-G �j Date: e°1 l Date: (t� ! /A I-Memorandum-Fred W. Fields Revocable Living Trust State of OREGON County of MIQH-ri/ (1h This instrument was acknowledged before me on \T,j r i 9 , 2012, by William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust. (" ) °. OFFICIAL SEAL Not Public- State of Oregon ') HELEN PARKER ) r• y NOTARY PUBLIC-OREGON O 1/ COMMISSION NO.428848 /J MY COMMISSION EIXP!h S JULY,5,2012 Cti"'\1"`'"�'`'�"`... • +;n•`+iJ.-\"`'�y�'\.-\"'moi State of OREGON County of MULTNOMAH This instrument was acknowledged before me on Yt e 2 0 , 2012, by IArtti T Be , n as CLi e f Ope ret-b-n q 0 ,cG r of Metro. atigI► OFFICIAL SEAL Notary Public - State•Oregon KAREN M STARIN S 1 5 6 9 NOTARY PUBLIC-OREGON Le M M SSi o y IJ 0. •;'l COMMISSION NO.451510 MY COMMISSION EXPIRES SEPTEMBER•- 2014 en:Gres Spt . 29 2-Memorandum—Fred W. Fields Revocable Living Trust • . • Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27'East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90,page 271; thence North 4°13'East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83,page 163; thence South 43°44'East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35'East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian;thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22,2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line,with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records;thence South 87°27'East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left;thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89)and a length of 114.16 feet;thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet;thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right;thence along said curve to the left with a radius of 419.00 feet,a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62)and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. 1 —Exhibit A-Memorandum—Fred W. Fields Revocable Living Trust 600 NE Grand Ave. wwworegonmetro.gov Portland, OR 97232-2736 503-797-1792 fax Ashley H. McCarron Senior Attorney Telephone: (503)813-7522 Mletx'o Office of Metro Attorney Telephone: ESCROW INSTRUCTIONS September 6, 2012 Trevor Cheyne WFG National Title Insurance Company 25 NW 23rd Place, Suite 1 Portland, Oregon 97210 Re: Fields Trust to Metro and the City of Tigard (Metro File Number 16.009) No Site Address,Tigard, Washington County 2S1W01 01200 Order Number 12003172 Mr. Cheyne: Metro, an Oregon municipal corporation , and the City of Tigard, an Oregon municipal corporation, (hereafter, "Metro" and the "City"), requests your assistance with the closing of the purchase of real property in the County of Washington, State of Oregon (the "Property"), more particularly described in WFG National Title Insurance Company's Third Supplemental Preliminary Title Report,#12003172, effective July 11, 2012 (the "Title Report")from William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust under.Revocable Living Trust Agreement dated February 17, 2009 ("Seller"). 1) Documents Delivered by Metro and The City Enclosed are the following documents: a) A copy of the Statutory Warranty Deed from Seller to Metro and the City (the "Deed"), acknowledged and approved by Metro and the City and original forms of Conveyance Acceptance, executed by Metro and the City, to be attached to, and recorded with the Deed; b) A copy of the Buyer's Estimated Settlement Statement, executed by Metro and the City (the "Settlement Statement"); c) The Title Report, approved by Metro and the City; and d) A copy of Metro Council Resolution Number No. 07-3837, adopted: September 6, 2007, authorizing the acquisition of the Property and a copy of Metro Council Resolution Number 11-4289, dated September 8, 2011, appointing Martha J. Bennett as Metro's Chief Operating Officer; and e) A copy of City of Tigard Resolution No. 12-30, authorizing the acquisition of the Property. September 6, 2012 Page 2 2) Documents and Items Delivered by Seller Prior to closing,you shall receive under separate cover from Seller the following documents: a) The Deed, executed by Seller and notarized, in the form acknowledged and approved by Metro and the City, as described above; and b) Any other documents as may be required of Seller by Title Company to close this transaction and issue the title policy referenced in Section 4(a) below. 3) Funds Closing Costs. In accordance with the Settlement Statement, escrow fees shall be paid one-half by Seller and one-half by Metro. Seller shall pay the premium for the title insurance policy and for all conveyance or excise taxes payable by reason of the purchase and sale of the Property. Metro shall pay the fee for recording the Deed. Metro shall pay the fee, if any,to "buy-back" the Deed from the Washington County Recorder, a) Prorations. All real property taxes and assessments payable, if any, with respect to the tax year in which closing occurs shall be prorated between Seller and Metro as of the closing date, based upon the 2011-2012 tax amount. b) Wire.. On or before dosing, Metro and the City of Tigard will wire funds to escrow in accordance with the Settlement Statement. The City will wire $2,000,000. Funds deposited by Metro, in addition to the City's$2,000,000 deposit, will total the purchase price of $5,150,000, plus costs, less Metro's$50,000 earnest money deposit, previously deposited by Metro into escrow on July 28, 2012. 4) Conditions Precedent to Closing a) You shall be prepared, pursuant to the Title Report, to issue a standard owner's title insurance policy immediately upon closing in the amount of Five Million One Hundred Fifty Thousand Dollars ($5,150,000) insuring fee simple title to the Property vested of record in Metro, an Oregon municipal corporation, and the City of Tigard, an Oregon municipal corporation, as tenants in common, subject to no encumbrances, liens or exceptions except those matters shown in the Title Report as exceptions numbered 1-5 and special exceptions numbered 7-12 and 18. Metro will not accept title or the issuance of the title insurance policy subject to special exceptions numbered 6 and 13-17 or any new exceptions showing after the date of the Title Report. b) Prior to closing, title is to be brought down to date and the final policy is to insure title as of the date of recordation; c) You have received all documents referred to in sections 1 and 2, above; d) All conditions set forth in this section 4 have been satisfied; and September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred,you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seiler to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland, OR 97232,Attn: Karen M. Starin:the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions,the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company,the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503) 797-1557. Sincerely, i tro City of Tigard Ashley H. ',+Carron By: Senior Metro Attorney Its: September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred,you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 61 Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland,OR 97232,Attn: Karen M.Starin:the original recorded Deed;the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company,the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503)797-1557. Sincerely, tro City of Tigard 6 � Ir r I t ! fig it Aivrt I , vi Ashley N.\MICarron By:� Senior Metro Attorney Its: C. ['i:( IU A- September 6, 2012 Page 4 We have received the original of these instructions and agree to act in strict accordance with these instructions. WI=G National Tit1,0 nce Com eany By: Name: veki f iy Title: Date: 0/0/7 ,21-- PURCHASER'S ESTIMATED SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 Sale From: WILLIAM R.TAGMYER,Trustee of THE FRED To: Metro,an Oregon Municipal Corporation • W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland,OR 97232 Lake Oswego,OR 97034 City of Tigard,an Oregon municipal corporation 13125 SW Hall Blvd. Tigard,OR 97233 Property: 2S1 W0] - 1200 Tigard, OR 97223 Purchase Price $5,150,000.00 Plus: Charges Escrow/Closing Fees to WFG National Title Insurance Company $624.50 112 of Escrow Fee .$500.00 1/2 of Courier/Delivery Fee $12.50 Record Memo of Option2012-052747 $46.00 Record Statutory Warranty Deed-EST $66.00 Total Charges $624.50 Gross Amount Due By Purchaser $5,150,624.50 Less: Credits 2012-13 Tax Proration-7/1 to 9/13($47.59 per day) $3,521.66 Earnest Money $50,000.00 Funds for closing from City of Tigard $2,000,000.00 Accrued Interest in Deposit-TBD from Metro $18.00 • Total Credits $2,053,539.66 Balance Due by Purchaser 5 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy the:eof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current • year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National'Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment The undersigned also acknowledges receipt of Lan Funds,if applicable,in the amount shown above and a receipt of a copy of this Statement Printed at: 09/06/2012(11:00'am) Compliments of WFG National Title Insurance Company WFG National Title Insurance Company Metro,an Or n municipal corpoartion By `.,----------:;-:/,/1.-'9 ----------- L7701,14/ Is: C 0 O City of Tigard,an Oregon municipal corporation By: Its: WFG National Title Insurance Company Metro,an Oregon municipal corpoartion By Trevor Cheyne By: Its: City of Tigard,an Oregon municipal corporation By: Its: ( IT-Lt lip.46 After recording, return to: Ashley McCarron Office of Metro Attorney 600 N.E. Grand Avenue Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services boo N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living t' ) Trust under Revocable Living Trust Agreement dated February 17, 2009, 4- Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon 0 municipal corporation, Grantee, an undivided 39% interest (as tenants in common) the real property in the City of Tigard, Washington County, Oregon, ri commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly tdescribed on attached Exhibit A (the "Property"), free of encumbrances except c those listed on attached Exhibit B. 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, AND 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 30.93o, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of , , 2012. William R. Tagmyer�tee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The regoing instrument was acknowledged before me on , 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Rev cable Living Trust under Revocable Living Trust Agreement dated February 17, 2009. ti e -- .' l.■ Y OFFICIAL SEAL N•}ary Pu elle or Oregon ; HELEN ANNE PARKER , NOTARY PUBLIC-OREGON My commission expires: Q-7-- COMMISSION NO,469149 Residing at: tr l j c MY 00MMISSION EXPIRES JULY 05,2016 -2- PDXDOCS:1575003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W,W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007! West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479,00 feet, a central angle of 13039'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039`17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence. South 14015'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) i. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1R95, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-20 13 taxes, a lien but not yet payable. -4- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: Name: f�'1�r{'(1,� �. '- en e Cilier Or/v.14 9 0 f c_ef OFFICIAL SEAL KAREN M STARIN NOTARY PUBLIC•OREGON ff State of OREGON COMMISSION NO.451569 Ili MY COMMISSION WIRES SEPTEMBER 29,2014 0 County of MULTNOMAH This instrument was acknowledged before me on ce_p . 7 , 20 12-- , by VIA A-r ge vin e as Ckier O(erA `n J o +Le-f of Metro. r 1411! Notary Public - State of Oregon -5- PDXDOCS:1975003 1 i I This conveyance is approved as to form and content and accepted by the City of Tigard,an Oregon municipal corporation. CITY OF TIGARD By: Name: 'tar- ►A.. I— GO yle. State of OREGON County of l",-)4_94/11i#)------ )----- This instrument was acknowledged before me on / 20 /Z by —Marl �'__ iy as 7;747 19/74:V77.91-61Ycof the City of Tigard. 1 A742, -erd/Notary Public- State of regong,e/1_ t OPPICIAI SEAL CAROL A KRAGER \:,17 NOTARYPUBUC-OREGON COMMISSION NO.445025 MY COMMISSION SIRE$FEBRUARY 23,2014 -- • -6- PDXnQCS:1375003.1 1 Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 VR , y, �r .rf . r ,� ;rr E�C.'.'..4:34.t. /�r"Y v X4..\',7 Iii'+,4�-.. . .'Ae '{-,o :':51rg,•T,,A ,f. r. � ,�. , ,f Yt,,,'Trrr 4`T. rI '') = { ,f•-CERTIFIC�ITIUI�i OF VI AL REC[]RD ., ` ^ ` " t ,.s:r �'~ ^r. %\'� i \ r.�i f fa �, y �'7 a8r,,,v rc... � k r...,-.`,..'••• ,:N s�, 3 1y h k:. } r �'" COUNTY OFR �`4,—..,,,,, ,:::,7', RIVERSIDE CALIFORNIA CALIFORNIA ffJ RfVERSEBE CS7l�Et1�'C.ALiFflR.YtA _ • ':h v f FIs copy not �fld unless prcparcd'hn engraved#AYder dlDp1 I3OTg ccal ands Feature 8f Rlge<EFai g °�`\ O+e✓ 11 a a•a +k o„p„fi - .,,,•> ' : - �`�.. ,..� -+ ' ANY ALTERATION OR ERASURE VOIDS THIS CERTIFICATE'''. - ..� �. .� �r After recording, return to: Ashley McCarron Office of Metro Attorney .44i600 N.E. Grand Avenue aye d s Portland, Oregon 97232-2736 Aur Aff `. Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon municipal corporation, Grantee, an undivided 39% interest (as tenants in common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Properly"), free of encumbrances except those listed on attached Exhibit B. 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, AND 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 -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of 41 , 2012. William R. Tagmyer�tee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) SS. County of Multnomah ) The •regoing instrument was acknowledged before me on 111 . , . , 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Revs able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. i , :A:A LLE i 4 A OFFICIAL SEAL w �.: HELEN ANNE PARKER ary Pu.lic or Oregon {VOTARY PUBLIC-OREGON My commission expires: cW C0M[ItiAISS10N NO.469149 Residing at: Mt i tglik"C.. MY COMMISSION EXPIRES JULY O5,2016 i I I i -2- PDXDOCS:1975003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement • recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance • of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a • distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. -3_ PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1, Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 580, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1945, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2oo6-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. r4- PDXDOCS1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO Cr#1'''. B y. 4. / '"-.7 y,! Name: fA t il� a.. " e v‘fl e, 4 f G r e y O g rltlh, oP i-G e( ��- mow-. -.....-p-.....-.....-._,-.......----,,., v f' •> OFFICIAL SEAL J i) ii.-itti ' KAREN M STARIN i ( NOTABY PUBLIC OREGON j State of OREGON ) COMMISSION NO.451569 f f) MY COMMISSION EXPIRES SEPTEMBER 29,2014 County of MULTNOMAI1 This instrument was acknowledged before me on ce.-P-- . 7 _-, 20_12 -_, by VA PLC hJ 'J e 8e vtne` "^ as Cil;e O efa:Wn, of-Peef of Metro.( - I.. - - - Ati--- 1 Notary Public - State of Oregon -5- P€7XDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By: Name: State of OREGON County of This instrument was acknowledged before me on . 20_ by as_ of the City of Tigard. Notary Public - State of Oregon _b- PDXDOCS:1975003.1 Na7 1 bk„,,,,L1_____ (Mapi,id ,ipami, - o,ved ilW • C Air Tonal Title Insurance Company a WiltliMil FillIN 4 Orivr C'i1mpeey Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1W01 -1200 - Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro,an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a line, but not yet payable, WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 50.3.219-g088 or email at tcheyne@wtgnationaltitle.com. Page_ 1 of 7 OR Supplemental Report Order No, 12003172 Id (11,114 ved kead and Approved WFG atIonaa` 's3i 1mon r ancc Compa N romtt;a'efoup c't` Yaft!, Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 251111101 - 1200 Tigard, OR 97223 Seiler: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne@vvfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8;00 A.M. on July 11, 2012 2, The policies and endorsements to be insured and the related charges are: Police' E�dorsement_Descri.tion Liability I Charie $5,150,000.00 $8,325.00. Basic Owner $8_,325.00 PROPOSED INSURE© for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search ( $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing, 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 , Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151,1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597,1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400,0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015`29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. •• 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife,et al Granted to • City of Tigard Recorded December 8, 1975 Book 580 Page • 313 Affects • 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad, Page 4 of 7 OR Supplernentai Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to , Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10, Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer . Granted to the City of Tigard Recorded January 18, 1995 Recording No. , 95003861 Affects A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For , Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording Na. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For , Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein •• 13. Memorandum of Option, including the terms and provisions thereof: Regarding , Purchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields . Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. : 2012-052747 Page Sof 7 OR Supplemental Report Order No, 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18, 2012-2013 taxes, a lien not yet payable. END OF IE;XCEPTXONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount : $17,417.27 Property ID No. R456081 Levy Code • 023.74 Map Tax Lot No. • 2511-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby, No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41435' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023'West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L,C., really was a re- entrant corner of South line of D.L.C,; thence South 20 chains, more or less, to Winzler land, Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized"South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88443'West 1349.96 feet (not South 89023'West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfghationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 WFG National Title Insurance Company a Williston Financial Croup company Incoming Wire Instructions WFG National Title Insurance Company Date: June 21, 2012 File No. 12003172 Bank Name: JPMorgan Chase Bank, N.A. Routing Number: 325070760 (Domestic and International) Bank Address: 811 SW 6th Avenue, Floor 2 Portland, OR 97204 Account Number: 932530033 Account Name: WFG National Title Insurance Company Account Address: Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Reference: Please reference file number "12003172" and customer last name "To Come" Provided by Trevor Cheyne WFG National Title Insurance Company Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 OR Wiringinstructions WPC NAtinnal'fitle Insurance Company .pIfuop Fwu�-i.11a—p mmpen, Certification of Non-Foreign Status Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. Real Property interest by Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: I. Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity, as defined in Treas. Req. § 1.445-2(b)(2)(iii); 3. Transferor's U.S Employer identification number is 45-6647760; and 4. Transferor's office address is 1800 Headlee Lane Lake Oswego, OR 97034. The undersigned understands that this certification may be disclosed to the Internal revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete and I further declare that I have authority to sign this document on behalf of Transferor. kie94 -Mitt- Executed this 7 day of loll, 2012. FRED FIELDS REVOCABLE LIVING TRUST under Revocable Living rust gg��ent dated February 17, 2009 ileff By: William R. Tagmyer Its: Trustee OR FIRPTA Entity BEFORE THE METRO COUNCIL APPROVING THE NATURAL AREAS ACQUISITION RESOLUTION NO. 07-3837 REFINEMENT PLAN FOR THE FANNO CREEK LINKAGES TARGET AREA Introduced by Chief Operating Officer Michael J. Jordan, with the concurrence of Council President David Bragdon WHEREAS, on March 9,2006,the Metro Council adopted Resolution No. 06-3672.3 "For the Purpose of Submitting to the Voters of the Metro Area a General Obligation Bond.Indebtedness in the Amount of$227.4 Million to Fund Natural Area Acquisition and Water Quality Protection," recommending submission for voter approval a general obligation bondto preserve and protect natural areas, clean water, and fish and wildlife(the"2006 Natural Areas Bond Measure"or"Measure");and WHEREAS, at the election held on November 7,2006,the voters approved Ballot Measure 26- 80, the 2006 Natural Areas Bond Measure;and WHEREAS,the Fanno Creek Linkages Target Area was identified in the Measure as one of 27 regional target areas for land acquisition, building on the success of land acquisitions in the Fanno Creek Target Area pursuant to Metro's 1995 Open Spaces Bond Measure Program; and WHEREAS, as provided in the 2006 Natural Areas Bond Measure,Metro has undertaken a public refinement process to establish specific acquisition strategies, goals, objectives, and a confidential tax-lot specific acquisition target area map for each of the 27 target areas; and WHEREAS,Metro's refinement process included the compilation of available information about each target area;biological field visits and expert analysis of maps; interviews with key stakeholders including natural resource experts,property owners,representatives from state and local government agencies, and advocates from water quality, fish, and wildlife preservation interest groups; and eight public open houses at sites throughout the region and a"virtual" open house available via the internet, at which draft refinement plans were made available for public review and participants could share their target area priorities either in-person or electronically; and WHEREAS, on March 1,2007,the Council approved Resolution No. 07-3766A, "Authorizing the Chief Operating Officer to Purchase Property with Accepted Acquisition Guidelines as Outlined in the Natural Areas Implementation Work Plan,"authorizing the Metro Chief Operating Officer to acquire properties identified on a Council-approved target area"confidential refinement map;" and WHEREAS,the.Council has reviewed the draft refinement plans and considered information it has received from citizens, scientists, advocates, and state and local governments; now,therefore BE IT RESOLVED that the Metro Council adopts the Fanno Creek Linkages Refinement Plan attached hereto as Exhibit A,including the confidential tax-lot specific map reviewed by the Council in Executive Session on September 4,2007, and signed by Council President David Bragdon on that date, and hereby authorizes the Chief Operating Officer to acquire properties in the Fanno Creek Linkages Target Area consistent with the Council-approved Acquisition Parameters and Due Diligence Guidelines of the Natural Areas Implementation Work Plan. Resolution No.07-3837 Page 1 of 2 ADOPTED by the Metro Council this (-p _day of 2007. Irir4li .L David Bragdon, Comic" esident Approved as to Form: N.C1 .1-- -, i, — , e n'` �1 'c .ep (91 Daniel B. Cooper,Metrq'ttorney ��%' ,,,. e� .ouNClL co'� 3-''W�. 146 14. Resolution No.07-3837 Page 2 of 2 BEFORE THE METRO COUNCIL FOR THE PURPOSE OF CONFIRMING THE ) RESOLUTION NO. 11-4289 APPOINTMENT OF MARTHA BENNETT ) AS METRO CHIEF OPERATING OFFICER ) Introduced by Council President Tom Hughes WHEREAS,on February 24,2011 the Metro Council adopted Resolution No, 11-4241 ("For the Purpose of Confirming the Appointment of Daniel B.Cooper as Acting Chief Operating Officer")to fill the vacancy resulting from the former COO's resignation effective March 15,2011,and in that Resolution the Metro Council President appointed and the Metro Council confirmed an Acting Chief Operating Officer until a competitive process was completed to fill the Chief Operating Officer vacancy on a permanent basis;and WHEREAS,the duties and responsibilities of the Chief Operating Officer are described and provided for in the Metro Charter and the Metro Code;and WHEREAS, Section 2.20.020(a)of the Metro Code provides that the Chief Operating Officer shall be appointed by the Council President subject to confirmation by the Council by resolution,and that the Council President shall involve the Council in the hiring process;and WHEREAS,a competitive hiring process was held for the position of Metro Chief Operating Officer and the Metro Council President has involved the Council in the hiring process;and WHEREAS,on the basis of that competitive hiring process the Metro Council President has appointed Martha Bennett to serve as Chief Operating Officer subject to Council confirmation;and WHEREAS,Martha Bennett is qualified to be the Chief Operating Officer under the Metro Code and has stated his/her intent to accept the position;and WHEREAS,Metro Code Section 2.20,060 provides that the Chief Operating Officer shall receive such compensation as the Council shall fix by contract;and WHEREAS the Metro Council President has negotiated a compensation and employment contract with Martha Bennett in the form attached hereto,subject to approval by the Metro Council;now therefore BE IT RESOLVED by the Metro Council: 1. The appointment of Martha Bennett as Chief Operating Officer is confirmed; and 2. The Metro Council President is authorized to execute an enipioyp. ibage e it with G) Martha Bennett substantially similar in form to Exhibit A att Herein. ADOPTED by the Metro Council thisday of5'E ,20 ti `ley• Tom Hughes, Council A'rident:S _.,dasto urn: • CN‘� 1111 CONSO Alison Kean Campbell,Acting Metro Attorney • CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12-- 0 A RESOLUTION AUTHORIZING AN ASSIGNMENT AGREEMENT WITH METRO AND THE PURCHASE OF THE FIELDS PROPERTY (TAX LOT 251010001200) AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO COMPLETE THE PROPERTY PURCHASE ON BEHALF OF THE CITY WHEREAS,in November 2010 Tigard voters passed a$17 million park bond measure whereby 80 percent of bond proceeds were dedicated to acquiring open space and park land such as the Fields property;and WI-IERE°AS, the. Park and Recreation Advisory Board (DRAB) was tasked with evaluating more than 60 potential park properties,and the Fields property ranked high on the acquisition list;and WHEREAS,the city would Like to acquire the property for use as both a park and open space;and WHEREAS, Metro entered into a purchase and sale agreement (Exhibit A) with representatives of the Fields estate and can purchase the property for$5.15 million;and WHEREAS, Metro's purchase and sale agreement is contingent upon Tigard contributing $2 million to the property purchase. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council agrees to the terms of the Partial Assignment Agreement of Purchase and Sale Agreement (Exhibit B) whereby the Tigard commits $2 million toward the purchase of the Fields property,and Tigard obtains joint ownership in the property. SECTION 2: In accordance with the Partial Assignment Agreement of Purchase and Sale Agreement, the City Council agrees to develop an intergovernmental agreement with Metro regarding the management of the Fields property. SECTION 3: The City Council authorizes the city manager to take all necessary action to complete the Fields property purchase on behalf of the city. This includes, but is not limited to,execution of the Partial Assignment Agreement of Purchase and Sale Agreement and closing documents. SECTION 4: This resolution is effective immediately upon passage. PASSED: Ts-' / day of G 1 lv2012. Jà . RF-SOLUTION NO. 12- 2) Page 1 •..-- -0. • Mayor-City of Tigard AT1EST: ("3 City Recorder-City of Tigard \\, • I • RESOLUTION NO. 12- 30 Page 2 • 1 Washington County,Oregon 2012-076035 Stn=4A STROM 0911312012 08;43:08 AM Sin $10.00 511.00$5.00$15.00 $41.00 1,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County.Oregon,da hereby certify that the within instrument of writing was received and recorded in the book of records of said county, Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 9721n " b. al, I' .d. fitFCk.rwi,•�a4., e146w W{Y 1@ £rgt h i ,.r: ` 'AT� OffC Ni, ,iS�''''''',.—'144.H.T-4 f 1..:.:!-- ':•-• ''N'• .V.---i,..:-i;.72.Sir SA.4.... :ddc�iTikli mzr» o�:vrr i" ct«"9u ' : • `l ^k ' r � �3^an1 �^ 4 - t 4• t 1 *P f ,'Vi'�S,ss"L"• 9 •'':- i •i4k ''.. R1VE#1SIDE CALIFORNIA • CERTIFICATE QF-DEATH 32f111330 2a3C + :. - +� Yl, t ff4 '�;z h ,:n 04J; DATE_1SSU D ON 0456cccve<w,c�.lfanku ,. ST0.Y1SRt.. , Thfs a]py I i d i a preps 0111 i''l d pvr000 d�splp Ing ncal arod 018041 i0 of l' I...tar , . F_,�,.} ' s w STAeia_h3ift! �,�4nT�!.rrtnE.,i.Es`: suweeets aem�li,l..e11e'ui:un' :� p 0 ! ^� ' yr'� *6**ALTERATION Oft ERRSVAE VOIDS THIS CERTIFICA'T'E 1 ` •, -” Washington County,Oregon 2012-076036 D-DWt Stn=4 A STROM 03/13/2012 08:43:08 AM After recording, return to: 500.00$1 1.00$5.00$15.00 $61.00 I,Richard Habernicht,Director of Assessment and Taxation and Ex- Ashley Officio County Clerk for Washington County,Oregon,do hereby McCarron certify that the within instrument of writing was received and recorded in the book of records of said county. Office of Metro Attorney Richard Hobernichi,Director of 600 N.E. Grand Avenue Assessment and Taxation,Ex-Officio Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: •Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living A ) Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantor, conveys and warrants to Metro, an Oregon municipal corporation, cn Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon 0 municipal corporation, Grantee, an undivided 39% interest (as tenants in 0 common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except co those listed on attached Exhibit B. 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, AND 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 -1- PDXD005:19750Q3.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of V , 2012. William R. Tagmyer,Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The •regoing instrument was acknowledged before me on 1.' : , 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Rev. able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. a' I iLi l�p OFFICIAL SEAL Ns}ary Pu.lic for Oregon = HNOTARYELEM PARKER �� PUBLIC•O My commission expires: 0-7-0,5-,=2w6,, c,s COMMISSION NO.469149 ° Residing at: M11 „e. ci _ MY COMMISSION EMUS JULY 05.2(116 -2- PDXDOCSI1875003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'1.4" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99,62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 580, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes,a lien but not yet payable. _4_ PDXOOCS.1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon 0 municipal corporation. • • METRO By: s Name: Ar �. t�e�►�e 4 Ch;Q 0?erot-fl- " 0� tee f r f . OFFICIAL SEAL {{) KAREN M STAR#M NOTARY BLIC-OREGON State of OREGON )) , COMMISSION MO,4515&9 { F MY COMMISSION EXPIRES SEPTEMBER 29,2014 County of MULTNOMAH This instrument was acknowledged before me on cell . ' 7 , 20 (Z- , by V 4 T• 8e rine as Chze efall`rl o4 e-r of Metro.( fr s, Notary Public - State of Oregon _5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard,an Oregon municipal corporation. CITY OF TIGARD By: .••.- i Name: 'tar-'1r►�. L. UJ )n� State of OREGON ii �� County of 24 5A,ni 1 This instrument was acknowledged before me on _S-(-7,4410 ,20 k z, by f/.IQh � _ LNiGi� as ( G 7 f r the City of Tigard. / Notary public- State of•regon / PPlediALB ', _ CARO3.A IMAGER ‘7"-;,-;V". NOTAFt1TPUBUC-OFIEGON COMMISSION NO.44p25 MY COMMI IQN.EXPIREE$FEBRUARY 23.2014 6- PDXDOGS:1975003.1 is PURCHASER'S FINAL.SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 Sale From: WILLIAM R.TAGMYER, Trustee of THE FRED To: Metro, an Oregon Municipal Corporation W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland,OR 97232 Lake Oswego, OR 97034 City of Tigard, an Oregon municipal corporation 13125 SW Hail Blvd. Tigard, OR 97233 Property: 2S1 W01 - 1200 Tigard,OR 97223 Purchase Price $5,150,000.00 Plus: Charges Refundof unused closing costs to Metro $49.10 Escrow/Closing Fees to WFG National Title Insurance Company ________- $578.50 1/2 of Escrow Fee $459.00 1/2 of Courier/Delivety Fee... ....... ..._.......$12.50 Record Memo of Option2012-052747 $46.00 Record Statutory Warranty Deed..............-...__- -.......---- $61.00 Total Charges $627.60 Gross Amount Due By Purchaser 85,150,627.60 Less: Credits 2012-13 Tax Proration-7/1 to 9/13 ($47.59 per day) $3,521.66 Earnest Money $50,000.00 Funds for closing from City of Tigard $2,000,000.00 Accrued Interest in Deposit-TBD from Metro $21.10 Total Credits $2,053,542.76 Balance Due by Purchaser 53,097,044,84 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct, The undersigned hereby authorizes W FG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds,if applicable_in the amount shown above and a receipt of a copy of this Statement WFG National Title Insurance Company By Trev>- .e " Printed at: 09/13/2012(03:00 pm) Compliments of WFG National Title Insurance Company PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is made and entered into as of the last date of signature indicated below(the"Effective Date"), by and between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust("Seller"), and Metro, an Oregon municipal corporation ("Purchaser"). RECITALS A. Seller is the owner of approximately 25 acres of real property, together with all the improvements thereon and all rights appurtenant thereto (including but not limited to access rights,timber rights, water rights, grazing rights, development rights and mineral rights), located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian,and more particularly described on the attached Exhibit A(the"Property"). B. Purchaser desires to purchase from Seller, and Seller desires to sell and convey to Purchaser, all right, title and interest in the Property. C. The terms of this Agreement are as follows: TERMS 1. Purchase and Sale. Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, the Property upon the terms and conditions set forth below in this Agreement. 2. Purchase Price. The Purchase Price for the Property is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000). 2.1. Earnest Money. Within ten(10)days after execution of both this Agreement and the Memorandum described in Section 21.1,Purchaser shall deposit into escrow with WFG National Title Insurance Company(the"Title Company")the sum of$50,000.00(the"Earnest Money"). If the Earnest Money is retained by Seller, Seller will receive any interest earned thereon. If the Earnest Money is retained by Purchaser, Purchaser will receive the interest earned thereon. The term "Earnest Money" shall include all interest earned thereon. At Closing,the Earnest Money will be credited toward payment of the Purchase Price. 2.2. Balance of Purchase Price. On or before the Closing Date(as hereafter defined),Purchaser shall deposit into escrow with the Title Company the balance of the Purchase Price. 2.3. Just Compensation. The parties acknowledge that the Purchase Price is equal to the fair market value of the Property, as determined by an independent MAI appraisal subject to no extraordinary assumptions and based on the highest and best use of the Property(the"Appraisal"). The appraiser, in determining the market value,took into account the access issues discussed in Section 9 of this Agreement. The Appraisal was paid for by Purchaser and completed in accordance with current Uniform Standards of Professional Appraisal Practice, with the Oregon Department of Transportation's Guide to Appraising Real Property, and with generally accepted appraisal standards. Seller has received and reviewed a copy of the completed Appraisal from Purchaser. Seller acknowledges that it was given a forty-day period to object to the analysis and opinion of value included in such Appraisal. By execution of this Agreement, Seller hereby approves of the Appraisal, agrees that the Purchase Price is just compensation for the sale of the Property to Purchaser, and documents its desire to willingly proceed with the Closing of the transaction contemplated herein. Page 1 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust S g g 3. Closing Date. This transaction shall close no later than ninety(90)days after the Effective Date of this Agreement, or on such other date that the parties agree upon in writing(the"Closing Date"or "Closing."). Closing will occur at the office of WFG National Title Insurance Company, located at 25 NW 23ra Place, Suite 1,Portland, Oregon, 97210. 4. Purchaser's Title Review. 4.1. Title Report; Unacceptable Exceptions. Seller has provided Purchaser with a preliminary title report on the Property from the Title Company, along with legible copies of all plats and exceptions documents referenced in such report(the"Title Report"). Purchaser will have thirty(30)days following the Effective Date to review the Title Report and give Seller written notice of the exceptions listed in the Title Report that are unacceptable to Purchaser(the"Unacceptable Exceptions"). Mortgages, delinquent taxes, or other financial obligations secured by the Property are automatically deemed Unacceptable Exceptions. If Purchaser notifies Seller of any Unacceptable Exceptions, Seller will thereafter have ten (10)days to give Purchaser written notice that Seller will remove the Unacceptable Exceptions from title to the Property at or prior to Closing(at Seller's sole cost and expense) or that Seller will not remove the Unacceptable Exceptions. Seller's failure to deliver such notice shall be deemed to mean that Seller will remove the Unacceptable Exceptions. If Seller elects not to remove any of the Unacceptable Exceptions and Purchaser is not then satisfied with the condition of title,Purchaser may elect to terminate this Agreement by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser by the Title Company. 4.2. Failure to Deliver Clean Title at Closing. If Seller fails to eliminate any Unacceptable Exception by the Closing Date,then Purchaser may,without limiting any of its otherwise available remedies, elect to either(a) accept title to the Property subject to such exceptions, (b)refuse to accept the Property and terminate this Agreement, in which case the Earnest Money shall be refunded to Purchaser by the Title Company, or(c)extend the Closing Date for a period of thirty(30) days to provide Seller with additional time to remove such exceptions. If Purchaser elects option(c)and at the end of the 30- day period such exceptions have not been removed, Purchaser may then elect to proceed in accordance with either option (a)or(b) described above. To the extent that an Unacceptable Exception is a monetary lien or financial obligation secured by the Property,the Title Company is hereby directed to pay off such lien or obligation to the extent that it can be satisfied by application of all or a portion of the Purchase Price delivered into escrow by Purchaser at Closing. 4.3. Permitted Exceptions. All exceptions other than the Unacceptable Exceptions shall be deemed acceptable to Purchaser(the "Permitted Exceptions");provided, however,that in no event will mortgages, delinquent taxes,or other financial obligations secured by the Property be deemed Permitted Exceptions. Should the Title Company inform Purchaser of any new title exceptions not appearing on the initial Title Report, such new exceptions shall be deemed Unacceptable Exceptions, unless specifically accepted in writing by Purchaser. 5. Purchaser's Due Diligence and Inspections. 5.1. Seller's Delivery of Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Purchaser any and all material information and documentation in Seller's possession or control pertaining to the Property(the"Due Diligence Documents"). The Due Diligence Documents include (without limitation)copies of(a)all environmental data, studies, analyses,and reports relating to the Property or any neighboring property, (b) any existing survey of the Property, (c)any existing leases, boundary agreements, road maintenance agreements, or other contracts relating to all or a portion of the Property, (d) all topographical, geotechnical, wetlands, soils, and groundwater reports, or any other professional reports relating to the Property, (e)any well logs or water right certificates or permits relating to the Property, and (t)copies of any government permits, land use approvals or conditions, or zoning restrictions affecting the Property. If Seller is aware of the existence of any material information Page 2 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust or documentation pertaining to the Property that is not in Seller's possession or control, Seller shall notify Purchaser of the existence of such information within ten (10) days after the Effective Date or two(2) business days after learning of such information. Should Seller fail to timely provide Purchaser with any Due Diligence Documents, Purchaser may, at Purchaser's sole discretion,extend the Closing Date for a period not to exceed twenty (20)days so that Purchaser may have adequate time to review such additional documentation. • 5.2. Property and Environmental Inspections. Purchaser and its agents, including but not limited to consultants, surveyors, engineers, home inspectors, appraisers, and other professionals hired by Purchaser, shall have the right to access the Property to conduct environmental studies (including Phase I and Phase II Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, and any other due diligence Purchaser deems necessary or desirable. Seller shall cooperate with Purchaser in making such inspections. Purchaser and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that Purchaser deems necessary or desirable. Any area disturbed by Purchaser's inspections shall be restored by Purchaser, at Purchaser's sole costs and expense,to substantially its pre-inspection condition. 6. Conditions Precedent to Closing. 6.1. Conditions Precedent to Purchaser's Obligations. In addition to any other conditions contained in this Agreement,the conditions set forth in this Section 6.1 are conditions precedent to Purchaser's obligation to complete the transaction provided for in this Agreement, and must be satisfied or waived in writing prior to Purchaser's obligation to acquire the Property. These conditions are intended solely for Purchaser's benefit and Purchaser has the sole right and discretion to waive, by written notice, any of the conditions. In the event any condition is not satisfied or waived on or before Closing, Purchaser will have the right to terminate this Agreement, in which event the Earnest Money shall promptly be returned to Purchaser by the Title Company. 6.1.1. Due Diligence and Inspection Results. Purchaser must be satisfied, in its sole and absolute discretion,with its review of the Due Diligence Documents,the Property, and the results of Purchaser's inspections of the Property conducted under Section 5.2 above. If Purchaser gives notice to Seller prior to the Closing Date that Purchaser is not satisfied with the Property due to the results of its due diligence and inspections under Section 5,the Closing Date will be automatically extended for a period of up to thirty(30)days so that Seller and Purchaser may address such results. If at the end of the 30-day period, Purchaser and Seller have not reached an agreement regarding the issues disclosed as a result of such due diligence and inspections,then this Agreement will automatically terminate and the Earnest Money shall be refunded to Purchaser. 6.1.2. Title. At Closing(a) Seller shall convey fee simple title to the Property to Purchaser in accordance with Section 7.1.1, and (b) Seller shall have caused the Title Company to be committed to issue to Purchaser the Title Policy described below in Section 9. 6.1.3. City of Tigard Funding Contribution. Closing is conditioned upon Purchaser receiving purchase funds from the City of Tigard in the amount of$2,000,000. This condition must be satisfied or waived by Purchaser in writing no later than August 1, 2012. If Purchaser does not notify Seller that this condition has been satisfied or waived on or before August 1, 2012,then Purchaser shall be deemed to have terminated this Agreement and the Title Company shall return the Earnest Money to Purchaser. 6.1.4. Representations, Warranties, and Covenants of Seller. Seller shall have performed all of its obligations hereunder, and Seller's representations and warranties set forth in this Agreement shall be true, complete and correct as of the Effective Date and as of the Closing Date. Page 3 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 6.1.5. No Material Changes. At Closing, there shall have been no material adverse changes related to or connected with the Property. 6.1.6. Seller's Deliveries. Seller shall have timely delivered each item to be delivered by Seller pursuant to this Agreement, including(without limitation)the documents and materials described below in Section 7.1. 6.1.7. Removal of Personal Property and Debris. Prior to Closing, Seller shall have removed or have caused to be removed from the Property, at Seller's sole cost and expense, any and all personal property and/or trash,rubbish, debris, illegally dumped materials or illegal fill materials. 6.2. Conditions Precedent to Seller's Obligations. Closing and Seller's obligations with respect to the transactions contemplated by this Agreement are subject to Purchaser's delivery to the Title Company on or before the Closing Date of(i)the Purchase Price and (ii)the documents and materials described below in Section 7.2. 6.3. Cancellation Fees and Expenses. In the event the escrow terminates because of the failure of any condition for a reason other than the default of Seller under this Agreement, Purchaser shall pay the cancellation charges required to be paid to the Title Company. In the event this escrow terminates because of Seller's default, Seller shall pay the cancellation charges required to be paid to the Title Company. 7. Deliveries to the Title Company. 7.1. By Seller. On or before the Closing Date, Seller shall deliver the following into escrow with the Title Company: 7.1.1. Deed. A Statutory Warranty Deed (the"Deed"), duly executed and acknowledged in recordable form by Seller, conveying the Property to Purchaser free and clear of all liens and encumbrances except the Permitted Exceptions accepted by Purchaser pursuant to Section 4 above. The Title Company's usual,preprinted exceptions (typically listed as general exceptions 1 through 5 on the Title Report)shall not be listed as exceptions on the Deed. 7.1.2. Proof of Authority. Such proof of Seller's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or Purchaser. 7.1.3. Lien Affidavits. Any lien affidavits or mechanic's lien indemnifications as may be reasonably requested by the Title Company in order to issue the Title Policy. 7.1.4. Other Documents. Such other fully executed documents and funds as are required of Seller to close the sale in accordance with this Agreement, including(without limitation)escrow instructions. 7.2. By Purchaser. On or before the Closing Date,Purchaser shall deliver the following into escrow with the Title Company. 7.2.1. Purchase Price. The Purchase Price, in accordance with Section 2 above. 7.2.2. Proof of Authority. Such proof of Purchaser's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or Seller. 7.2.3. Deed. An executed and acknowledged acce tance of the Deed. Page 4 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 7.2.4. Other Documents. Such other fully executed documents and funds as are required of Purchaser to close the sale in accordance with this Agreement, including(without limitation) escrow instructions. . 8. Deliveries to Purchaser at Closing. At Closing, Seller shall deliver to Purchaser exclusive. possession of the Property. 9. Title Insurance. At Closing, Seller shall cause the Title Company to issue to Purchaser a standard ALTA owner's title insurance policy in the full amount of the Purchase Price, insuring fee simple title vested in Purchaser or its nominees, subject only to the Permitted Exceptions as established under Section 4 of this Agreement(the"Title Policy"). Purchaser acknowledges that access to the Property is via an easement granted by the City of Tigard over an extension of Wall Street and subject to construction of a bridge that crosses Fanno Creek. The Purchase Price includes a deduction from fair market value of the estimated cost of constructing the bridge. At Purchaser's option,Purchaser may elect to have the Title Policy issued with endorsements and/or in an ALTA extended coverage form,provided that Purchaser pays any additional associated costs associated with extended coverage. 10. Closing Costs. Seller shall pay for the Title Policy,one-half of all escrow fees,any real property transfer or excise taxes, all recording charges other than those allocated to Purchaser below,and Seller's share of prorations pursuant to Section 11 below. Purchaser shall pay the cost of recording the Deed, one- half of all escrow fees, if requested by Purchaser,the cost of any extended coverage and endorsements for the Title Policy, and Purchaser's share of prorations pursuant to Section 11 below. Purchaser and Seller each shall pay for its own legal and professional fees incurred. All other costs and expenses are to be allocated between Purchaser and Seller in accordance with the customary practice in the county where the Property is located. 11. Prorations and Taxes. 11.1. Prorations. Any and all state,county, and/or city taxes for the current year,rents,or other income or operating expenses pertaining to the Property will be prorated between Seller and Purchaser as of the Closing Date. • 11.2. Taxes and Assessments. All taxes, assessments, and encumbrances that will be a lien against the Property at Closing shall be satisfied by Seller at Closing. If Seller shall fail to do so, Purchaser may pay any such tax, assessment, encumbrance or other charge and deduct an amount equal to any such payment from the Purchase Price. If the Property is subject to farm or forest deferred taxes, Seller will have no obligation or responsibility for said deferred taxes, unless the Property becomes disqualified for or loses its deferred tax status as a result of Seller's actions prior to Closing in which case such taxes shall be Seller's responsibility. 12. Seller's Representations and Warranties. Seller hereby warrants and represents to Purchaser the following matters, and acknowledges that they are material inducements to Purchaser to enter into this Agreement. Seller agrees to indemnify, defend, and hold Purchaser harmless from all expense, loss, liability, damages and claims, including(without limitation) attorney's fees, arising out of the breach or falsity of any of Seller's representations,warranties, and covenants, which indemnity shall survive the Closing. These representations and warranties shall survive Closing. Seller warrants and represents to Purchaser that the following matters are true and correct, and will remain true and correct through Closing: 12.1. Authority. Seller has full power and authority to enter into this Agreement(and the persons signing this Agreement for Seller, if Seller is not an individual, have full power and authority to sign for Seller and to bind it to this Agreement) and to sell, transfer and convey all right,title, and interest in and Page 5 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust to the Property in accordance with this Agreement. No further consent of any partner, shareholder, creditor, investor,judicial or administrative body,governmental authority, or other party is required. 12.2. Unrestricted Access. The Property has access to a public road over an easement granted by the City of Tigard that crosses Fanno Creek. 12.3. Minimum Acreage: To Seller's knowledge,the Property is approximately 25 acres in size. 12.4. Hazardous Substances. For purposes of this Agreement,the term"Hazardous Substances"has the meaning defined in and includes those substances set forth in ORS 465.200. Seller warrants and represents as follows: (a) To Seller's knowledge,there are no Hazardous Substances in, upon, or buried on or beneath the Property and no Hazardous Substances have been emitted or released from the Property in violation of any environmental laws of the federal or state government; (b) Seller has not brought onto, stored on,buried,used on, emitted or released from,or allowed to be brought onto, stored on,buried, used on, emitted, released from, or produced or disposed of, from, or on the Property, any Hazardous Substances in violation of any environmental laws of the federal or state government; (c) To Seller's knowledge,no underground storage tanks are located on the Property, including (without limitation)any storage tanks that may have at one time contained any Hazardous Substances; (d) To Seller's knowledge,the Property is materially in compliance with applicable state and federal environmental standards and requirements affecting it; (e) Seller has not received any notices of violation or advisory action by regulatory agencies regarding environmental control matters or permit compliance with respect to the Property; (f) Seller has not transferred, and to Seller's knowledge no other person has transferred, Hazardous Substances from the Property to another location that is not in compliance with applicable environmental laws, regulations, or permit requirements; and (g) There are no proceedings, administrative actions, or judicial proceedings pending or, to Seller's knowledge, contemplated under any federal, state, or local laws regulating the discharge of hazardous or toxic materials or substances into the environment. 12.5. Encroachments. To Seller's knowledge(a)all structures and improvements, including any driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing building, structure, or improvement of any kind encroaches upon the Property from any adjacent property, and(c)there are no present or past discrepancies or disputes regarding the boundaries of the Property. 12.6. Rights and Contracts Affecting Property. Except for this Agreement, Seller has not entered into any other contracts for the sale of the Property,nor do there exist any rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee,free and clear of all liens, conditions, reservations,mortgages, leases, licenses, easements, prescriptive rights, permits,or other similar encumbrances. Seller has not sold,transferred, conveyed, or entered into any agreement regarding timber rights, mineral rights,water rights, "air rights,"or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that will bind the Property or Purchaser on or after the Closing. Page 6 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 12.7. Possession, Except as specifically set forth in this Agreement, there are no leases, licenses, or other agreements permitting,nor has Seller entered into any course of conduct that would permit, any person or entity to occupy or use any portion of the Property. Seller shall deliver immediate and exclusive possession of the entire Property to Purchaser at Closing, 12.8. Reforestation. The Property is not sUbject to any pending or delinquent reforestation requirements and Seller has complied with all applicable reforestation requirements. In accordance with Section 5, Seller shall deliver copies of any notices, agreements, or other documents related to past, present, or future reforestation of the Property. 12,9. Recitals. The statements and information set forth in the Recitals are true and correct. 12.10. No Legal Proceedings. There is no suit, action,arbitration,judgment, legal, administrative, or other proceeding,claim, lien, or inquiry pending or threatened against the Property or against Seller (nor is there any basis for any such proceeding)that could (a)affect Seller's right or title to the Property, (b) affect the value of the Property, or(c) subject an owner of the Property to liability. 12.11. Mechanic's and Other Liens. No work on the Property has been done or materials provided that would give rise to actual or impending mechanic's liens, private liens, or any other liens, against the Property. 12.12. Public Improvements or Governmental Notices. To Seller's knowledge,there are no intended public improvements which will result in the creation of any liens upon the Property, nor have any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance,rule or regulation which would affect the Property. 12.13. Breach of Agreements. The execution of this Agreement will not constitute a breach or default under any agreement to which Seller is bound or to which the Property is subject. 12.14. Bankruptcy Proceedings. No attachments,execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, or other proceedings are pending or,to Seller's knowledge,threatened against Seller,nor are any such proceedings contemplated by Seller. 12.15. PATRIOT Act. Neither Seller nor,to Seller's knowledge, any person having a direct or indirect beneficial interest in Seller(nor any principal,officer, or director of the foregoing), (a)appears on the Specially Designated Nationals and Blocked Person List or similar list prepared or maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and none of the foregoing is a Senior Foreign Political Figure or Prohibited Foreign Shell Bank(as such terms are defined in the PATRIOT Act(Public Law 107-56)), (b) is a person with whom a United States citizen is prohibited from transacting business under any U.S. law, regulation or Executive Order, or(c) is engaging in or conspiring to engage in any transaction that evades or avoids,or has the purpose of evading or avoiding, or attempting to violate,any of the prohibitions set forth in any U.S. anti-money laundering law. 12.16. Changed Conditions. If Seller discovers any information or facts that would materially change the foregoing warranties and representations, Seller shall immediately give notice to Purchaser of those facts and information. If any of the foregoing warranties and representations cease to be true before Closing, Seller shall use its best efforts to remedy the problem, at its sole expense, before Closing. If the problem is not remedied before Closing, Purchaser may elect to either: (a)terminate this Agreement, in which case Purchaser will have no obligation to purchase the Property and the Earnest Money shall be refunded to Purchaser, or(b) extend the Closing Date for a period not to exceed forty-five (45) days or until such problem has been remedied, whichever occurs first. Should Purchaser extend the Closing Date and the problem is not remedied within the 45-day tineframe, Purchaser may then elect to terminate this Agreement and receive a refund of its Earnest Money; provided, however, that such election will not Page 7 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust constitute a waiver of Purchaser's rights in regard to any loss or liability suffered as a result of a representation or warranty not being true, nor will it constitute a waiver of any other remedies,provided in this Agreement or by law or equity. 13. Condition of the Property Through Closing. Seller shall (a)maintain the Property in substantially the same condition as it was on the Effective Date, with no tree cutting,timber harvesting, or alteration of the Property in any way, (b)keep all existing insurance policies affecting the Property in full force and effect, (c) make all regular payments of interest and principal on any existing financing, (d)pay all real property taxes and assessments against the Property prior to delinquency, (e)comply with all government regulations, and (f)keep Purchaser timely advised of any repair or improvement required to keep the Property in substantially the same condition as it was on the Effective Date. 14. No Further Encumbrances. As long as this Agreement remains in force, Seller shall not lease, transfer, option,mortgage, pledge, or convey its interest in the Property or any portion thereof or right therein, nor shall Seller enter into any agreement granting to any person or entity any option to purchase or rights superior to Purchaser with respect to the Property or any part thereof. 15. Purchaser's Representations and Warranties. In addition to any express agreements of Purchaser contained herein,the following constitute representations and warranties of Purchaser to Seller: (a) Subject to the conditions stated herein, Purchaser has the legal power, right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein; (b) Subject to the conditions stated herein, all requisite action has been taken by Purchaser in connection with entering into this Agreement and the instruments referred to herein and the consummation of the transactions contemplated herein; and (c) Subject to the conditions stated herein,the persons executing this Agreement and the instruments referred to herein on behalf of Purchaser have the legal power,right, and actual authority to bind Purchaser to the terms and conditions of this Agreement. 16. Legal and Equitable Enforcement of This Agreement. 16.1. Default by Seller. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Seller,Purchaser shall be entitled to immediate reimbursement of all its out-of-pocket expenses incurred in connection with the transaction, including the Earnest Money, and will have the right to pursue any other remedy available to it at law or equity, including the specific performance of this Agreement. 16.2. Default by Purchaser. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Purchaser, Purchaser and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, Purchaser and Seller agree that a reasonable estimate of the total net detriment that Seller would suffer in the event that Purchaser defaults and fails to complete the purchase of the Property is and will be an amount equal to the Earnest Money. This amount shall be Seller's sole and exclusive remedy(whether at law or in equity), and the full,agreed, and liquidated damages for the breach of this Agreement by Purchaser. The payment of said amount as liquidated damages is not intended as a forfeiture or penalty. All other claims to damage or other remedies are hereby expressly waived by Seller. Upon a termination due to a default by Purchaser,this Agreement will terminate and except as set forth in this section,neither party will have any further rights or obligations hereunder or to one another. Page 8 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 17. Risk of Loss, Condemnation. Seller bears the risk of all loss or damage to the Property from all causes, through the Closing Date. If, before the Closing Date, all or any part of the Property is damaged, destroyed, condemned, or threatened with condemnation, Seller shall give Purchaser written notice of such event. Purchaser may terminate this Agreement by giving written notice to Seller within fifteen(15) days following receipt by Purchaser of written notice from Seller of such casualty or condemnation and the Title Company shall return the Earnest Money.to Purchaser. In lieu of terminating this Agreement, Purchaser may elect to complete Closing of the transaction, in which case Seller shall be deemed to have assigned to Purchaser all Seller's rights under Seller's insurance policies, including(without limitation) all insurance proceeds. 18. Notices. All notices required or permitted to be given must be in writing to the address set forth below and will be deemed given upon(a)personal service, (b) deposit in the United States Mail, postage prepaid, or(c) deposit with a nationally recognized overnight courier service. All such notices shall.be deemed received(x) upon personal service, (y)three(3) days after deposit in the United States Mail, postage prepaid, or(z) one(1) day after deposit with a nationally recognized overnight courier service. To Seller: William R. Tagmyer c/o Richard A. Canaday Miller Nash LLP 111 S.W. Fifth Avenue, Suite 3500 Portland, Oregon 97204 Fax No. (503 )205-8520 Phone No. (503)205-2512 To Purchaser: Metro Natural Areas Program Director 600 NE Grand Avenue Portland, Oregon 97232-2736 Fax No. (503) 797-1849 Phone No. (503) 797-1948 Copy to: Office of Metro Attorney 600 NE Grand Avenue Portland,Oregon 97232-2736 Fax No. (503) 797-1792 Phone No. (503) 813-7522 The foregoing addresses may be changed by written notice, given in the same manner. Notice given in any manner other than the manners set forth above will be effective when received by the party for whom it is intended. Telephone, email, and fax numbers are for information only. 19. No Broker or Commission. Seller has engaged NAI Norris,Beggs & Simpson("Broker")to represent Seller and Seller shall be solely responsible for all commissions and fees owed to Broker. Each party represents and warrants to the other that it has not used or engaged any other real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person or entity asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement,then Seller shall indemnify,hold harmless, and defend Purchaser from and against any such claim if based on any action, agreement,or representations made by Seller; and Purchaser shall indemnify, hold harmless, and defend Seller from and against any such claim if based on any action, agreement, or representations made by Purchaser. 20. Further Actions of Purchaser and Seller. Purchaser and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to Page 9 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust consummate the purchase and sale contemplated and both parties shall use their best efforts to accomplish Closing in accordance with the provisions hereof. • 21. Miscellaneous. 21.1. Recording of Memorandum. On the Effective Date the parties shall execute a memorandum of this Agreement(the"Memorandum"), which Purchaser may cause to be recorded against the Property. 21.2. Partial Invalidity. If any term or provision of this Agreement or the application to any person or circumstance is,to any extent, found invalid or unenforceable,the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable,will not be affected thereby, and each such term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 21.3. Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. 21.4. Survival of Representations. The covenants, agreements,representations, and warranties made herein shall survive Closing and will not merge into the Deed. 21.5. Successors and Assigns. This Agreement will be binding on and will inure to the benefit of the successors and assigns of the parties to it. Purchaser may assign all or any portion of its interest in this Agreement to a park-providing entity without the consent of Seller. If an assignee assumes all the obligations of Purchaser hereunder,then Purchaser shall have no further liability with respect to this Agreement. If an assignee assumes only a portion of Purchaser's obligations hereunder,then Purchaser and the assignee shall be jointly and severally liable for performance of Purchaser's obligations. 21.6. Representation. This Agreement was prepared by Purchaser. Seller represents that Seller had an opportunity to consult with its own legal counsel prior to executing this Agreement. Seller waives any claim that any term or condition herein should be construed against the drafter of the Agreement. This Agreement shall be construed as if it had been prepared by both parties. 21.7. Entire Agreement. This Agreement(including any exhibits attached to it) is the final expression of, and contains the entire agreement between,the parties with respect to the subject matter of the Agreement and supersedes all prior understandings with respect to it. This Agreement may not be modified or terminated,nor may any obligations under it be waived,except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. 21.8. Time of Essence. Seller and Purchaser hereby acknowledge and agree that time is strictly of the essence with respect to every term, condition, obligation, and provision contained in this Agreement. Unless otherwise specified herein, in computing any period of time described in this Agreement, whenever a date for an action required to be performed falls on a Saturday, Sunday, or a state or federal holiday,then such date shall be extended to the following business day. 21.9. Recitals. The statements and information set forth in the Recitals are hereby incorporated as if fully set forth herein and shall be used for the purposes of interpreting this Agreement. 21.10. Governing Law. The parties acknowledge that this Agreement has been negotiated and entered into in the state of Oregon. The parties expressly agree that this Agreement is governed by and should be interpreted in accordance with the laws of the state of Oregon. Page 10 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 21.11. Attorneys Fees. If any action is instituted between Seller and Purchaser in connection with this Agreement,the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including, without limitation, attorneys' fees and costs as fixed by the court therein. 21.12. Counterparts.,Facsimile Execution. This Agreement may be executed in counterparts, each of which,when taken together, shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Agreement. 21.13. Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT,IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. 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. 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.VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, 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. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature specified below. Purchaser: Seller: METRO / Y Name: ran I ' Pe �!h B William R. Tagmyer,tr stee o the Fred W. Fields Revocable Living Trust Title: C A r e 7 1, 1" h 1 OW Cam Date: (�' �O' /Z I Date: Page 11 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly. corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17"(a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14"West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Exhibit A Page 1 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust Exhibit B PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE AGREEMENT THIS PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE(this "Assignment"),dated effective as of July 30,2012, is made by and between Metro,an Oregon municipal corporation, and the City of Tigard,an Oregon municipal corporation("Tigard"). Metro hereby assigns to Tigard,and Tigard hereby assumes from Metro,a portion of Metro's right,title,and interest in and to that certain Purchase and Sale Agreement dated June 20,2012(the "Purchase Agreement"),by and between Metro, as buyer, and the Fred W.Fields Revocable Living Trust, as seller,for the purchase of that certain real property located in the City of Tigard,County of Washington, State of Oregon,commonly known as Tax Parcel 1200(R0456081)in Section 1 of Township 2 South,Range 1 West of the Willamette Meridian,and more particularly described in the Purchase Agreement. Metro and Tigard hereby agree that at Closing(a)Tigard shall deposit into escrow Two Million Dollars($2,000,000.00)and (b)Metro shall also deposit into escrow the remaining balance of the purchase price from regional funds from the 2006 Natural Areas Bond Measure. Metro and Tigard shall take title as tenants in common,each with an undivided interest in the Property equal to their relative portion of the purchase price paid. The parties agree that within 120 days after the Closing Date,they will negotiate in good faith toward and conclude an intergovernmental agreement that shall set forth the terms and conditions of a management plan for the parties' respective use,management and improvement of the Property. This Section shall survive the closing. The parties acknowledge that pursuant to Section 21.5 of the Purchase Agreement,Metro is authorized to enter into this Assignment without first obtaining Seller's consent. This Assignment may be executed in any number of counterparts, each of which shall be an original,but all of which together shall constitute one instrument. Capitalized terms which are used in this Assignment shall have the meanings given to them in the Purchase Agreement. IN WITNESS WHEREOF,Metro and Tigard have executed this Assignment as of the date first written above. METRO, CITY OF TIGARD, an Oregon municipal corporation an Oregon municipal corporation oft By:L114 Name: b er' itf+ Name: jrY)ARrtin L, I,ciEl'tt'" Title: Ckie f 0�1'a+ir� O &etr Title: C1-;V MS71114)c,rr,Q Date: 'Su 11/41 2.14, ?o11 Date: J�tr rte? �( c o/(a wfgnationaltitle.corn PRELIMINARY TITLE REPORT PROPERTY ADDRESS Washington County 2S10100 Tax Lot 1200 25.69 Acres Milli -"I::.-.1 1 fy Alt • ' ;•1 1 .1. WI 4 . li ..' ' .•.".' TREVOR CHEYNE,AVP/Division Manager/Senior Escrow Officer COMMERCIAL DIVISION of WFG National Title Insurance Co. 25 NW 23rd Place, Ste. 1, Portland, OR 97210 P: (503)219-9088 Compliments of WFG National Title Insurance Company WFG National Title Insurance Company a PRILSEC41 Amoral Group Amy WFG National Title Insurance Company a Williston Financial Group company 25 NW 23rd Place Suite 1 Portland, OR 97210 PRELIMINARY TITLE REPORT June 07, 2012 Order Number: 12003172 Escrow Officer: Trevor Cheyne Telephone: (503)219-9088 Fax: (503)477-6476 E-mail: TCheyne @wfgnationaltitle.com Property Address: 2S1 W01 - 01200, Tigard, OR 97223 Seller/Owner: Fred Fields Living Trust Buyer/Borrower: Metro, an Oregon municipal corporation Amount Premium ALTA 2006 Standard Owners Policy T.B.D. $TBD Government Lien Search Fee Tigard $25.00 NOTE: WFG National Title Insurance Company is prepared to issue a Stewart Title policy. This is a preliminary billing only, a consolidated statement of all charges, credits, and advances, if any in connection with this order will be provided at closing. WFG National Title Insurance Company is prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that as of May 30, 2012 at 8:00 a.m. title of the property described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. This commitment is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium paid. Legal Description: SEE EXHIBIT"A" Order No.: 12003172 Page 1 EXHIBIT "A" LEGAL DESCRIPTION Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89)and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Order No.: 12003172 Page 2 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS: 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For : sewer line and appurtenances with reservation by grantor From • Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to • City of Tigard Recorded • December 8, 1975 Book • 580 Page • 313 Affects • 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. 8. Easement, including the terms and provisions thereof: For : Anchor Granted to • Portland General Electric Company, an Oregon corporation Recorded • September 16, 1971 Book • 835 Page • 507 Affects • a strip of land 6 feet wide in the Easterly portion of premises- see document for location 9. Easement, including the terms and provisions thereof: For : Sewer Granted to • Unified Sewerage Agency of Washington County, a municipal corporation Recorded • April 18, 1973 Book • 920 Page • 38 Affects • a strip of land being 30 feet wide along the Westerly portion of premises- see document for actual location Order No.: 12003172 Page 3 10. Easement, including the terms and provisions thereof: For : Permanent Sanitary Sewer Granted to • the City of Tigard Recorded • January 18, 1995 Recording No. : 95003861 Affects : A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For : Sewer Granted to • Unified Sewerage Agency of Washington County Recorded • July 18, 1995 Recording No. : 95049211 Affects : A 15 foot strip in the Westerly portion of premises-see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For : Utilities and ingress and egress From • the City of Tigard, an Oregon municipal corporation To • Fred W. Fields Recorded • February 22, 2006 Recording No. : 2006-020491 Affects : Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS • NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. • NOTE: Taxes paid in full for 2011-2012: Levied Amount : $17,417.27 Property ID No. : R456081 Levy Code : 023.74 Map Tax Lot No. : 2S11-01200 • NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be recorded. Order No.: 12003172 Page 4 • NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and block. • NOTE: Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within Washington County. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. If you have any questions regarding this report or your escrow closing, please contact Trevor Cheyne at (503) 219-9088, email address: TCheyne @wfgnationaltitle.com. Diane Brokke, Title Officer/Examiner dbrokke@wfgnationaltitle.com Prelim copies have been provided to: Norris, Beggs & Simpson, Denis O'Neill Fred W. Fields Revocable Living Trust Metro Order No.: 12003172 Page 5 WFG National Title Insurance Company a Williston Financial Group company PRELIMINARY TITLE REPORT WFG National Title Insurance Company is prepared to issue, as of the date specified in the attached Preliminary Title Report (the Report), a policy or policies of title insurance as listed in the Report and describing the land and the estate or interest set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as a General or Specific Exception or not excluded from coverage pursuant to the printed Exclusions and Conditions of the policy form(s). The printed General Exceptions and Exclusions from the coverage of the policy or policies are listed in Exhibit One to the Report. In addition, the forms of the policy or policies to be issued may contain certain contract clauses, including an arbitration clause, which could affect the party's rights. Copies of the policy forms should be read. They are available from the office which issued the Report. The Report (and any amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The policy(s) of title insurance to be issued will be policy(s) of Stewart Title Company. Please read the Specific Exceptions shown in the Report and the General Exceptions and Exclusions listed in Exhibit One carefully. The list of Specific and General Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy to be issued and should be read and carefully considered. It is important to note that the Report is not an abstract of title, a written representation as to the complete condition of the title of the property in question, and may not list all liens, defects and encumbrances affecting title to the land. The Report is for the exclusive use of the parties to this transaction, and the Company does not have any liability to any third parties or any liability under the terms of the policy(s) to be issued until the full premium is paid. Until all necessary documents are recorded in the public record, the Company reserves the right to amend the Report. Countersigned Mkt_ C. File Number: 12003172 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (i) the occupancy,use or enjoyment of the land. (ii) the character,dimensions,or location of any improvement erected on the Land. (iii) The subdivision of land,or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under CoveredRisk 11,13,or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises our of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the insured Mortgage is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy 7. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Coverage Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or 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 an inquiry of person 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 completed land survey of the subject land. 5. Any lien,or right to lien,for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (v) the occupancy,use or enjoyment of the land. (vi) the character,dimensions,or location of any improvement erected on the Land. (vii) The subdivision of land,or (viii) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or 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 an inquiry of person 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 completed land survey of the subject land. 5. Any lien,or right to lien,for services,labor,material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. File Number: 12003172 WFG National Title Insurance Company a Williston Financial Group company WFG National Title Insurance Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of WFG. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from [our affiliates] or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. If you have any questions about this Privacy Policy Notice, please contact us by writing to: WFG National Title Insurance Company 12909 S.W. 68th Parkway, Suite 350 Portland, OR 97223 File Number: 12003172 1 ,, - Customer Service Department v / 1 5335 SW Meadows Road # 150 VV FG National Title Insurance Company Lake Oswego, OR 97035 �'��`a a R'ilu.ton I in.mu. I Group unrgctnv Phone: 503.624.4900 O$ 1 Fax: 503.746.6738 l 4A j Email: cs @wfgnationaltitie.com }%so'( Parcel # : R0456081 Ref Parcel Number : 2S10100 01200 v� ..,, , , , ' I 7p, F g _ . . itn 1 .63 A' 1\500- , 1 (CS 5,480) .`' e� 2 - 101 `wt ' Z: , 2a, 7� �z W c' • . ' '4as ' ' 21.10 ,.•om : Co 77 CN C7)In 2. 1 • • • CB \ y+ . 28. 80 9 40 S �� .. ��.�\V N998 .1 30E� �, �� F 'ti\ . ' -i,o . .,. ��.. ti. ` :v.H.. N89 10W S� 751.100 13 . 25 AC ' .. 2 O • tt.1 Z • (Sy OVERLAP BY 2o/y (CS 9,693) sQ 1r.Y' ��d � "Y , , • 25. 89 AC a.: 0 ' (CS 9,592) 4 0 :\ "Sib 1 44 4 REENTRY COR S8843W ' "> WW, GRAHAM SOUTH LINE A , °tea M GRAHAM DLC 39 • 110• •1• : 1389.59 As N89 24W This reap Is a copy of pubite record and rs provided solely Tor roil nurtional proposes. It PG National Title esssuwes no hab tiTY WI' vary attoru, if ally. in dimensions, area or location of the preen Ices ur the !newton trf orrporyen rcnAs Washington County, Oregon 05/05/2010 10:15:44 AM 2010-033975 D-DW Cnt=1 Stn=12 S PFEIFER $40.00 $5.00 $11.00 $15.00 - Total a $71.00 D After recording, return to : 1111111 111111111111111111111111 IIIIIIIIIIIIIII III / David M. Munro I, Richard Hobernicht, Doector o1Aasesement antl Taxation antl ExAtgno county Clerk ror Wphin on 'C. Thede Culpepper Moore Munro & Silliman LLP county, Dragon, c ereby certay thet the wkhl �C Instrument or s oing wu rusYet d antl recarged in the 4 . LT yj 111 S.W. Fifth Avenue, Suite 3675 book or rcco tla o! as tl cou µ / (fir-tout' �':%': •. Portland, Oregon 97204 Richard Hobernlcht, Director of Anscament and Taxation, Ex-OTcio County Clerk WARRANTY DEED FRED W. FIELDS, Grantor, conveys and warrants to FRED W. FIELDS, in his capacity as Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantee, the real property situated in Washington County, Oregon, more particularly described on Exhibit A attached hereto. The true consideration for this conveyance is $0.00. Grantor covenants that Grantor is seized of an indefeasible estate in the real property described above in fee simple, that Grantor has good right to convey the property, that the property is free from encumbrances except as specifically set forth herein, and that Grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through, or under Grantor, provided that the foregoing covenants are limited to the extent of coverage available to Grantor under any applicable standard or extended policies of title insurance, it being the intention of Grantor to preserve any existing title insurance coverage. 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. 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 Until a change is requested, all tax statements shall be sent to the following address: Fred W. Fields, Trustee 1149 S .W. Davenport Street Portland, Oregon 97201 00234485. 1 - 1 - ANY, UNDER ORS 195 .300, 195 .301 AND 195 .305 TO 195 .336 AND SECTIONS 5 TO 11 , CHAPTER 424, OREGON LAWS 2007. DATED this 34day of Thal , 2010. at w •% Fred W. Fields STATE OF , Q1, ■ ) • ) COUNTY OF fl ■ isMt . A On , 2010, before me, �-{-�°tenrith ej- , personally appeared Fred W. Fields sonally known to me (or proved to me on the basi of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument he executed the instrument. WITNESS my hand and official seal. Not Public for i - . _ __ My commission expires: 3 n A?, OFFICIAL SEAT_ HELEN PARKER I 5y�R NOTARY PUBLIC - OREGON 1 Sri l COMMISSION NO 428848 ) li MY COMMISSION EXPIRES JULY 5, 2012 1 00234485 1 - 2 - EXHIBIT A Parcel I: The North one-half of Lot 1 , EDGEWOOD ACRE TRACTS, in the City of Tigard, County of Washington and State of Oregon. Parcel II : The South one-half of Lot 1 , EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon. Parcel III: A tract of land in Section 1 , Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21 , 1949, in Deed Book 293, Page 530, to Jane Brooks, running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned, to a point on the South line of County Road No. 245 ; thence Southeasterly on the South line of said County Road No. 245 to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. Parcel IV : All that certain tract of land in the William Graham Donation Land Claim No. 39 in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, conveyed to Beecher B. Robinson by deed recorded at page 193 of Volume 126, Washington County, Oregon Deed Records, and being more particularly described as follows, to-wit: Beginning at the Southwest corner of the aforesaid Robinson tract in the center of the County Road at the Northwest corner of Lot 1 of EDGEWOOD, a duly recorded subdivision of Washington County, Oregon, which beginning point is said to bear 5.60 chains West and 21 .02 chains North of the Northwest corner of Section 12, Township 2 South, Range 1 West of the Willamette Meridian; thence from said point of beginning North 0°22' East in the center of the said County Road 969.4 feet to the Northwest corner of said Robinson tract; thence South 47°43 ' East 26.9 feet to an iron pipe; thence continuing South 47°43' East 431 . 1 feet to an iron pipe; thence South 99.0 feet to an Alder tree marked "C.8"; thence continuing South 16.0 feet to a point in the center of Fanno Creek, from which point an iron pipe bears North 19.9 feet; thence down stream following the center of Fanno Creek the following courses and distance : South 37°01 ' East 110.0 feet; South 26°58' West 126.0 feet; South 6°44' West 86. 8 feet; South 30%8' East 40.5 feet; South 73°51 ' East 44.8 feet; North 53°56' East 71 .7 feet; South 74°06' East 33 . 1 feet; South 4°44' West 72.6 feet; South 24°24' East 64.3 feet; South 51 °2' East 137.0 feet; and 00234485. 1 - 1 - South 11 °35' West 42.7 feet to a point on the North line of said EDGEWOOD Subdivision; thence North 89°00' West along the North line of aforesaid subdivision 35. 1 feet to a point in the center of Fanno Creek, from which point an iron pipe bears South 89°00' East 17. 1 feet; thence running downstream in the center of Fanno Creek North 39° 18' West 32.8 feet North 58°29' West 104.5 feet, South 86°48' West 41 .6 feet and South 12°02' West 76.4 feet to a point on the North line of aforesaid subdivision, from which point an iron pipe bears North 89°00' West 28.0 feet; thence leaving Fanno Creek and running along the North line of said subdivision 528.0 feet to the place of beginning. SAVE AND EXCEPT THEREFROM that portion conveyed to the State of Oregon, by and through the State Highway Commission recorded August 20, 1965, in Book 656, Page 306, Records of Washington County. PARCEL V: Beginning at a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence South 43 °23' West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of County Road; thence South 60°59' East in the center of said County Road; 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; thence South 29°34' West along the East line of said Hunziker tract 1652.9 feet to a point on the Northerly boundary of the Southern Pacific Railroad right of way; thence South 42°00' East along said Northerly boundary 120.0 feet to an iron pipe at the true point of beginning of the herein described tract; thence from the above described true point of beginning North 89°51 -1/2' East along the North line of said Hunziker tract 998.4 feet to an iron pipe at the most Easterly Northeast corner thereof; thence South 1 ° 14' West along the East line of said Hunziker tract 1085.6 feet to an iron pipe at the Northerly boundary line of the Southern Pacific Railroad right of way; thence North 42°00' West along said Northerly boundary 1457.2 feet to the point of beginning. PARCEL VI: Beginning at a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence South 43°23' West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of the County Road; thence South 60°59' East in the center of said County Road 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; which point is the true point of beginning of the herein described roadway; thence from the above described true point of beginning South 29°34' West along the East line of said Hunziker tract 1631 .8 feet to an iron pipe; which pipe is 20.0 feet from, when measured at right angles to the Northerly boundary of the Southern Pacific Railway right of way; thence South 42°00' East parallel to and 20.0 feet from, when measured at right angles to said Northerly boundary a distance of 144.7 feet to an iron pipe on the North line of said Hunziker tract; thence South 89°51 -1/4 West along the said North line 26.8 feet to an iron pipe on the Northerly boundary of said Southern Pacific Railroad right of way; thence North 42°00' West along said Northerly boundary 141 . 1 feet to an iron pipe; 00234485 I - 2 - thence North 29°34' East parallel and 20.0 feet from, when measured at right angles to the East line of said Hunziker tract a distance of 1646.0 feet to a point in the center of said County Road; thence South 60°59' East in the center of said road 20.0 feet to the point of beginning. PARCEL VII: Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1 °27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151 . 1 feet to a corner of that certain tract of and conveyed to R. and Sophia Hunziker by deed as recorded in Deed Book 90, Page 271 ; thence North 4° 13' East along the property line 597. 1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by deed as recorded in Deed Book 83, Page 163 ; thence South 43 °44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41 °35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham Donation Land Claim; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning. PARCEL VIII: Beginning at the Northwest center of Lot 2 of EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon, and running East 13 .24 chains (873 . 8 feet) to the Northeast corner of said Lot 2; thence South with the East boundary thereof 30 feet; thence West 2.68 chains ( 176.9 feet); thence North 79°30' West 0.827 chains (54.6 feet) to a pipe %" in diameter; thence West 9.80 chains (646.8 feet), more or less, to the West boundary of said Lot 2; thence with said West boundary, North 20 feet to the place of beginning. PARCEL IX: Section 1 , Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning 20 chains North and 20 chains West of the Southeast corner of the W.W. Graham Donation Land Claim; thence West 17. 11 chains to stake; thence North 30° East 26.60 chains to center of County Road; thence South 72°48' East 9.91 chains to the Southwest corner of J.A. Keller's tract of land; thence South 10 chains to a stake; thence West 5 chains to a stake; thence South 10 chains to place of beginning. EXCEPTING THEREFROM a certain tract conveyed by Rudolph Hoohuli, et ux and George J. Erdner, et ux, to Beaverton and Willsburg Railroad Company as shown by instrument recorded in Deed Book 75, Page 420, on May 14, 1907. EXCEPT a tract of land in Section 1 , Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: 00234485. 1 - 3 - Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21 , 1949, in Deed Book 293 , Page 530 to Jane Brooks; running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned to a point on the South line of County Road No. 245; thence Southeasterly on the South line of said County Road No. 245; thence Southeasterly on the South line of said County Road to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. SUBJECT TO: 1 . An easement created by instrument, including the terms and provisions thereof: Recorded April 12, 1948, in Book 284, Page 406 Favor of Tillie Zurcher Affects • Parcels V & VI Tillie Zurcher conveyed an undivided one-half of her interest in said easement to her husband, Paul A. Zurcher, by instrument Recorded January 4, 1951 , in Book 315, Page 386 2. An easement created by instrument, including the terms and provisions thereof: Recorded December 31 , 1952, in Book 340, Page 167 Favor of Portland General Electric Company, a corporation of Oregon For Electrical transmission lines Affects Parcels V, VI & IX 3 . An easement created by instrument, including the terms and provisions thereof: Recorded June 14, 1957, in Book 395, Page 58 Favor of • Portland General Electric Company Affects • Parcels V & VI 4. An easement created by instrument, including the terms and provisions thereof: Recorded September 12, 1960, in Book 435, Page 312 Favor of • Tigard Water District, a municipal corporation, and the South Tigard Sanitary District, a municipal corporation For • Sewer lines and water lines Affects • Parcel VI 5. An easement created by instrument, including the terms and provisions thereof: Recorded October 9, 1961 , in Book 451 , Page 10 Favor of • Northwest Natural Gas Company, a corporation of the State of Oregon For • Pipeline Affects • Parcels VI & IX 00234485. 1 - 4 - 6. An easement created by instrument, including the teens and provisions thereof: Recorded December 8, 1965, in Book 580, Page 313 Favor of City of Tigard, a municipal corporation of Oregon Affects Parcels VI, VII & VIII 7. An easement created by instrument, including the terms and provisions thereof: Recorded December 27, 1965, in Book 575, Page 43 Favor of D.H. Overmyer Warehouse Co., an Oregon corporation For Railroad spur track Affects Parcels VI & IX The above easement was assigned by instrument Dated June 14, 1966 Recorded July 5, 1966, in Book 606, Page 590 To • Southern Pacific Company, a Delaware corporation 8. An easement created by instrument, including the terms and provisions thereof: Recorded January 4, 1966, in Book 583, Page 258 Favor of Northwest Natural Gas Company, an Oregon corporation For Gas pipeline Affects Parcels V & IX 9. An easement created by instrument, including the terms and provisions thereof: Recorded March 16, 1966, in Book 592, Page 13 Favor of Southern Pacific Company, a Delaware corporation For Railroad track Affects Parcel V 10. An easement created by instrument, including the terms and provisions thereof: Recorded June 10, 1971 , in Book 821 , Page 413 Favor of Tigard Water District, a municipal corporation of Washington County, Oregon For Underground pipeline and/or mains for water Affects Parcel VI 11 . An easement created by instrument, including the terms and provisions thereof: Recorded September 16, 1971 , in Book 835, Page 507 Favor of Portland General Electric Company, an Oregon corporation For Anchor easement Affects Parcels VI, VII, & VIII 12. An easement created by instrument, including the terms and provisions thereof: Recorded December 15, 1971 , in Book 847, Page 55 Favor of Tigard Water District, a municipal corporation of Washington County, Oregon For Underground pipeline and/or mains for the purpose of conveying water Affects Parcel IV 00234485. 1 - 5 - 13 . An easement created by instrument, including the terms and provisions thereof: Recorded July 20, 1972, in Book 878, Page 295 Favor of • Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For • Sewer Affects • Parcel I 14. An easement created by instrument, including the terms and provisions thereof: Recorded July 20, 1972, in Book 878, Page 298 Favor of Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For Sewer Affects Parcel II 15. An easement created by instrument, including the terms and provisions thereof: Recorded April 18, 1973, in Book 920, Page 38 Favor of Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For • Sewer Affects Parcels VII & VIII 16. An easement created by instrument, including the terms and provisions thereof: Recorded September 15, 1975, in Book 1043, Page 992 Favor of • City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects • Parcels VI & IX 17. An easement created by instrument, including the terms and provisions thereof: Recorded September 15, 1975, in Book 1043, Page 994 Favor of • City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects • Parcels VI & IX 18. An easement created by instrument, including the terms and provisions thereof: Recorded November 18, 1975, in Book 1054, Page 608 Favor of • City of Tigard, a municipality of the State of Oregon For • Street dedication and slope easement Affects • Parcel III 19. Any adverse claim based upon the assertion that some portion of said land have been removed from or brought within the boundaries thereof by an avulsive movement of Fanno Creek or has been formed by the process of accretion or reliction. (Affects Parcel IV) 002344851 - 6 - - . - -- - - - — - - — . .. -- . - d�'<. f ter- r:,a a.• its- ,v:--- +-,.,.rt__& ) ,— s2 f a- �s ' . W ' 'LYCw AL '*N Py TPPSE PREFEETS. That Gev1a a. P.ttulle and attune, hxe wife, P P. Eruct and Pt4u=nryttlor la Ll Ales EyM, hie w1!e, ad 1(,Ry .l, fiat!. , widow, eexecu a am deliver the attached map or lai That or eat. 1509, before Hpood, 1r' o= elvn (12), Rosati, twm(2) Soutk,`Rune ease I1) est, u.L, Sa ea' lie 1= roaSal C ntvy","peraofa ly v `D F w2adPmo n minSad, nS t Notary m awn to fee- plat gars C wty, o t lda t eexa G P. Crean. attalo an P.uRvaa M de hhvat n> o the hey! . edu d.a oche%the re veer[ _ di at x'mo„las The eta Mar;above named S `a Meo:,PTon ian a to the palls tn. peps[ .. ee, of tn. , ,. eet tea that they ro ranee ,r ached . ate as their %H. me .m,w.re' K eWO eaoe r , >m m : add m Cr E 6„o catty a °`CMSS rm Canna Baal the ee wi year n. oA to di- C. R.DO record, are Mot on union ,anthey a arts ere hem used in etlna eaieteu„r tP ohal'ns me W to be Mown am tl itedeOyhthe tuewaneaas are vpt Na attwheh ep• Pt p 'a notary Melt Mr tae Mate o. Je fen.of Crean,tnitij to (12)6`Tatman tro`12)wu Le at a (111 we [ Scalene dnisf en heoeouth eounda p llte Ore E county at in am foe waaae nap,, on ally se May epv J. l th,a aria toe said ear (4 (4) in is armed with au iron Swi b& Math nab a 37' Eat Sn the the oath sever el c Wei identical e signed e n sealed •ha dune es War free and voluntary act add ans deed Pox the to broken trek na,gd it. Bw° barrel flaky oe8awtl nun several n . d a e°,tcep er A' MECO, Jo a [.¢Hate set our Conde e d Seats this 23rd day tf ieenary 190, EEs el;�,as�aID vta in presence Or( h attu1le e� m 'V-1 Ice! ra,l the day Stu year a to a ulle=11e ( pe Cattalo tap Pali the St t f Crean label ( C s er P. 9. ■Imd� 6a t SOFTEIMAS C¢GSPSCATE. eo Nye. S.POCifer a a e o to R. P. Had ( E. oa,oa C2pee Sro-i ____ n of Mow J n ee °� a"e{mm.[t So r11 the d neat dui Steed eroeaessh6 and N ., [e 9aty -.yYte ( G e..06E ill the denot ate o per a, p or the not > warmed Stale Seatiens of G ) eoonf to vas to caveat ai COMM of tivm� v .hm 2ea a - Lot to with - l 4 a Notary ?Male in Mattullos Me tote bp he 1MM...a tO ah 1 sf d be the �, Eta State canons vly eve sred.Jeenmd d i3outed a m .etel 5.18 a at ne layer the Seeutheeain k..= b of a roollaev a melee] the dam. Be their fan and .elan- H Subscribed cnO the esmnt seearra 17th ague Offelmae, 1909 xt. n.a.xera5l to -eery aot &ma deod for Atha VA es e:':.0 , r.' M2 an, naierav2eeeeatPtho lay `std veer .n . ro De. Cow y C.evk mClgen. uny, O ty €tety' Z.v.ateh2et® Eo aey Public to the Carte of Oregon allay n EDGEW ® ® Y B .M F]nGna end gpmved Mole nn My of VAA b4.C * . 5 men T. / g . FR . 0 W . '2.. ^.1k _ _ - - ..t Cryat,, te„tty ewaay A. A. tentaa c( tya e [..._. .“.t_ ., ¢tae ��,,.Moy+. 0 �a, . l7n -- ,,., ��' /' ! ! ill .. 1 . . Fe iy 1 Fc � 3 '.'.. 1 O I Q , L• Q. . Q, w �" lr ' / . I e �Wk xvm no ccoa 7etct etas itp9, et D. ) a oloex y. : Willie rrta d, Peemner n Cmeeyeteee I •< i SHEET 1 OF 2 LIJ BONITA INDUSTRIAL PARK C.. g A SUBDIVISION IN THE HICKLIN D.L.C, NO. 43, IN THE NORTH 1 /2, SECTION 12, TOWNSHIP 2 SOUTH , RANGE 1 WEST, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON SCALE 1 " = 100' OCT. 13, 1992 AMENDED R z AFF,oAV T PtR DOCUMENT NO M4/90688 LEGEND Y N - CORNER NOT SET 0 • sEr 5/e x 30' IRON ROD 'mn, wuOB5xnz11C CURVE DATA O A EIRASS SCREW AND TAG CAE SPMPEO 3 PE1[RSON PIS #* ®S - # _ VW 30' Mal Roo WMM EVERSON PEVERSON CAP TO RE cu t DELTA RADIUS ARC CPO R0 TANGENT NOPO BEG STAMPED ' 5 ,SS6' SET Po116N 041E SPECIFIED ET SURVEYORS orrnrip4 m • ES /at PIPE As G.ZIT a0' 13673 la lb tole ON ND U 54'VD4 I-- N Er FOUND/4 x Di IRON ONN PIPEMN1t 2' SS 0iso 3 30'OB' 225706 531D/ 530074 26712 5 „0' 30'E' STANPEO 'PLS. 1058' BOX '09'54' 5736 3 WO 99 9666351950' 29'6 11 0 . FN 5 XIIMrNI AS N°1ED N BRA 91 Il 16' 475 00 x840 4E8 N 14 55 ,52' 6 w A. 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E PLAT K y VA 1,54855 3 'WNW O'USWPLP UN MENRT UNE 52206 WCETe 1ORWERLY FROM ME NESTPREY V°A 2 l .oAA �$i0�� - SOUTWEST CORNER PER BOON O PAGE 403 \ \ 11 NS p C; . 1TE WEST OaCV Mf EASWWENT IRE HELD mE PHYtOa POsna4 5u.w vwe v 3V 261115614-8.40:40)00 1 �e MGE VAS 1111 P�sesD", PLs OF THE MATRIXES FOR DC CC TERUNE Cr THE EAYLMT ATE 901Ni V \ (- >'�C E0P'69 Y2°q NHEREE WNSNTERUNE Or ME EASEMENT INTERSECTS THE WEST ONE 00 \ \ \ \0 @6 s OF E EASEMENT 9ECOROFO IN BOCK 578 PAa 345 WAS ELDABOSH- A i AV CIO N V p0 P"" yyB I A '° ED a Y ST UNE GOOK a o PACE a 9 sp 124° THEN THE 18E �.y\T 5 (01.4. P u' HOL U STOOK CT BOOK S]6 MG 341 PACE ]09 9 S j3�015 \ ,YGJB va a v 5 MR MEM00 WAS USES SO VAT ME uON) THE WOULD EALL 'MMM ED 1R 200 \ \ \ * v_ + 2H \ DIE LIMITS V' IDE ¢ASEMENQ (OCCUPAOON) DISIdCIS MARN'ED N n \ \\ W A w .it' r.P1 cu usY WELL Van TOR HE LAST COURSE WMICN IS A MORE PER SIRVEY E "A \ s as3ulcE Cm FEET 11064 °R ME LESS) 24812 o 4 11\ .\ 'Q C e N Eeo6i s F �^ N> F P MO IR ZD OOH E \\ M\ 1 � 1 1 _. 6C59' 25' E 84 A A 1 C ' e v p w ) NEAT POW . BEARS 24912 AVET -s \V A SS eq Aa ) F OM THE WASH B0. rot%P EASEMENT h' AAA w 1/4'IF l CA? PT mE NORTH 10 ufinEO \ . ? 5 0r 2z' 46' F ) 1 CORNER OF SECTION 12 S WERAOE ACENCY 'a'P n Sm \ \ A^ , 012 ro IR 124 BOOR 1404 PAGE Sc MOCTN..' A W S „gW �GN�ip nOrEn 5E.121 p�Acep 29' 1r E A , \ W1� L\itNtt10260 X36) D R 21118 �1 FO os \ _ EY; g 1 WASH CO E '� 94, 0, H 100830' 8' 225 PO ORASS [ LD h, J 9160 SGASN BON O STAMP. FO 2J 9 °65390 yfV Y PLs 85 - - N W12' ¢ 5 05047304 0 VOL� 2 SO S 83000 H 500 N N I ReGSTCRm _1 DEVELOPMENT & ■ PROFESSIONU CONSTRUCTION LAND slRVeroe ( SERVICES M' 2724 OR w�E R l2 OREGON 1 55020. OREGON 97113 (5123) 64P.-.959 JOHN K�1w="TRaso� _ 856 JOE d 5915015 . 1 - ' ., f =r : - il. , . , . . 111' ,• 4 "'!'' .W�1 '- ' .t t li{ a fi ' J t :r ' - ' t-ltl " i. I .•��r - , .. ., , " -_- � _ .,. it .: 1c: � ' ! if ' '/!: L11 � ( t ;3.:+;?: #. _ _ _•., - i 'rin . tl' . ; #tll t :i 1, ;iP I ei �.. .:„.11.,. r • ' o - (%� '(�+ . ,! . . . ,. 1 1 . f l' Ix , 'tilt _,- , i i7l1 , -J j f , ry { t ' +,1 1V , }[E ro _ r3 ,t, x '"l•1 11. 'il{' `C ,.. „ N !J .. - .l , : .:I!j ff " ' ; S )- !14p 3t C , '''. ' 1 _ f 'i r ':, ' , 7 4 ,jt. ': f , '+ : . 11 1 ' I - it ` U! i ! r 1 � ` tli , i. ' ' t 7r 17 , ' 1 C66 - ,L 1 ,1- ! tli 1• i { �',1.' ) kt �,:[' ' is fit 1 } I- 1 i3 ,-"I i t. -1 i, i F i ; I . (({'r�,�� f, .--I _ ,, I;rr ,F , , ' :, . ,( • � ..•..jam real -�: - . - 7I , ZI - {.1 {• it { j ?j "ii i, f ' _ 1 ' , i " rt' ;` - v j - • ii-_,. ;t,i(: a i{'q{� < L I ' _( .'{. `.:.�� ,� .kl•tttt i .. I, i, i e, - , i! -1 . , If il , ! Si it U 1 - _ - ') tt ' 4- ' l'�Il 7 1' `{` p I (1y,�'� ! �a ,�. �, % r� j'i ,' I Y :4 ';.-,. l ` M1 1 - " 1f r•.-rr- 111-in-the-prssenaU-of-each-Rifler. .-.�._-._. . _ _.�r�_ ______-- -�==` ==-'.`1 . _ • St 1...2' • 1 !i - i „ \ : :S �� C- U f it ' ' �. ;° + �+' ; 'r�i is ?,resenae . _ ,-, Pp( _:.j7 . F [ _ , ill ! 1 , _ J , - Y _:_� JCS'- �G '-� w; Msrr#tt Dav#a+ '± , assigns �1-iii+ ,!' Lida- ls=and=lnte e i gI ). i 1° s trl r r st lri and to=tt a 2oII0rr3s�g dssfbed' gar°e 4rcf re I' r' 4 a ! 6 4t•it:; ; ' j- j i3: , 11�, j� 8 • .. i; t ti.G . G011di'tt il"ji - ' 1; t '- l ! k ; 1 , ( , � �! ' ! C� . . - e 1 n ,4' d ' � - ,� "�f, ,.. } ,, {r 11 +I' _ - ,i tl�•it - ' }} , l r .ubscri6ad and ssrorr. 'rtu before me , this 2 d des' ' of December A ' I' 1 II. i ' I' Irt estate situate tin the county Of f}7ae hir ton 'snd testa of `to-i[i'1` Ba r.j�nni�n!�} at a9 t q !:.4,..1,42. I f' { - , , [ Y g { t K, 1 1 ' ' � ' , f K tl 7 Iii •b . �'t . (, 1. r'j) •I I ill a 'i . , .. lY }Ir Husheyi l i t ' t #! l : , " , 5 i , { d 1 F■ :i f ,: [' a 1" :y33i5 (( if _ I , County 1101361 {I' , ' ! i : i ' , ' i 1 stonalin the' coon read a r ' c i 1 ` o } ` t tar:' t the O.W, corner„ ofdner, & IIoehul4s a aoti#n , ihe Y(.17. "# rahan ' ' {•ti -:-a, i t, 'i ' f fi! - IN fitE WUuITY COURT OF !it rSPA1E OF GREGOR FO' £lHE, '000NTY OF J1ARIolI ; R I f = i 1 t} . I ,=.:i • ' ';- . ° ;;'i :, t Sr 1 ; ' i '?N.1731 -i ; ' t i I _n the matter of the Estate Berry': Hea1atan, Deceased . ' . ; : i` ., , ;; r. l ;" [ D. L. G: , in 'Sac .. �;T2 s f '7 H.' [{[inning thence waster alollgi,s 'i ly : ss'� ((tt t 4 _ . R; 1 W a , westerly a d Coun 1 Road to i I .• '; i r .1 C R 1( jyl iSTA,W OF.'OREGON, : , :3 'wilt t. 'S ' t 111•. 1,i ; I. �t d. t: , e , c 2111, I i ` I , ; . •.r County of Mnrfon. . < . . ISS. YfILL �1 ' I ` iDs : intnrsection with the Durhams Mill 'and Masi ' ilia el Road: lhence� poutaxly ° along 'all! J 1 � :),!i..":-.1.:• •� '� S E a y by . ., f , - , • i .q. . � �. Li S. , - P , i .. - _ ” '(•}I 'ti 'Xli qL t t f '.! r certify that ihi3 vdthir. wna 'raceived an du recorded b me in MEtrioq ; County; R° ecirds � i' { ;? ' {{ i ,' Boat of :Willa ul. �fpa•re 1ACi oli . the 2 do fIt I . " , =. s j , , r aald road -,to' "yi W. Corner of' a talaot,bwned b Hari; King ' thenae , i'astR-Flq, alo the Hart 41 J +,':3.F " 1 I I. ' i c _ _ V 3 Y . of December . 1911. ;III ;, ;: , i t ; s II fl Y q, ar : U , Iig . ; .. i ll I ?j, , " � : i; R. D, Allen ttounty cilerk II •I : i f (I :It ti ; < ? .}+•) , t f - 1- I f n el G o a De 1 1- , f : y t i, I . line oft said Xing Corner - there thence, r I ,: . r .• . t.l ; `, :'': ' 11' 1iL £ Imes ; s ; : I s d Y at tothe N. E: C of} than southcto the 5. . cornor oY sad 1 I ; # { - i 1 County oP Marian SS. No. 775 i' js i t i' ; �„ I eorne , oY Richard Ks[]hna lsa3, Tlanre South` to te t-S. . 1}I, _ 1 s L 1 ; • ° .'. - ' tract 'I; ,,thence East to the ,lt. 1:. ;�(: ii ' j, 't141 , ' i, R. U. Allen ;'County % Clerk far the Count of ttarion State of 'Oregon' and elerk - of I • ;! I g f i 1 I } ! yK �; E:, " , { I ( ' . ti . i [ ' 11 I , dill - c '' i •' „ II - - i corner of W. W: •' Grahams cl'gieh,, Qt. ince, East 20.00 . chi-More or less, to'ITtinzler,s lend, ',then a t� , ;r , 1 } , 1., _ the' County Court for 'said Conn*. and State , do ' hereby certify, that the i,ort/going ; 1 n e II . f ;: i 9 ,, f ,I , i , 11 ^; };, • 1{ ", i ' ' : y , !•-i . I 'r+ l �` ;� ' 1{ i+ j{ ',Trans- , i , 1. t Nardi 2')•00reh: , t enaaTest� 17:11 th'e' ta the ' S.W. corner of `said :Erdner: k llochulie ;Jrao _ Iv . e l t • ;: on t of Will : and Proof of , Will R$ tate of:Henry [ieelmtatt has been b ne ioxa} aced iritii ' thes i ' 1 }'`` l 3 r'�> ° ` ' yih ,I _ ,: ,' tt• ° ) I ii l i - p , 4 . 'i by 1: 11s;P I i i Ii " !: thence Borth 30" des;. E1` 26.60, ohs.' toE c, e' pia eg# gr ng a es• more - 1 li ` '•• . th ca 'of b nn: in aotttailii Il5 a tt Gs f 1i n iE. ;7 original and that it is' a true.; and correct copy at = said original Will and, proof of Will r � .• ' ' lie` . I : ,, 19 It • - ' 1 ' I I r' ; II ' ; 1 ' i, (' I? :, ° 1. �.i { ° ' „ , : q . F :gt 1{ !i , ( { i or less ; Excepting from ' said t,ra°t that contain V.75 aetteaiheret°Pore•lde, ded to Burford , ; o • ( 7. ; . t' I • i' " Estate .of Ile hec3mt[n and : of the rdlole thereof as the same a ear`s of 'record in ' 1e I t} ! ' i ` s' {� " £ {" i= 4. l . i £ . fl II ? Pl !1 jj i 1 Ili G f1a11 = .dead far whichi a d n s 205, book ra o DeEid o a 1 . ''' : F „ !: ' t { 1 : i' !s s j r aorde o L? ge : 93: a f . S11 r W ahfn tan„ i t }- s. I ,< ' • ' 111 1J S i , ; FC" •� 1 S - tv , •, I) „ : I .0 ; . h.; P i ' S ' ylr,= if office and custody . WT 1!dE.SS t 1- i (' E1 y ', r. tl , ' sr :f 1�1 _a{ I , tociy ray nana . ana seal. oft laid aourtR . ni 27enny f1aP. De lBher 1911 . j J t : if Gouniyi �Oral,>an!])' also axaePCillg'.tkta=,outharn "pabifie Ral7coad}'.ri; ist of ilNy4ana the Oragoa e '• a- f , 11 (3( � - . . < , !! 1 rk I I , i : 1 ,, - t 1.1 -- H ��j [ 1 -i - ` jI i\ .' i � � .. {: �: !l •7 � !'.i.S:°fit se Idabel Greamel,e s : ;, : r. I „ : �. I { 1•1tj 1 ,. 11 , ; 1 Deputy 1 1 it. Electric Rallwav ^ 'Ri'• t oft ,Wa , s ' "t" s - ¢ a' 1� ` .l J s ' ti i i ' II Filed for record Jan. 29th,' 1s 12 ` at O' clock , t; ! £ = ° { r f Y tdlrou i IL Lsnd•� 111"N1t ' AND HOLD fials SAME ; t0 Char . {j :17 ,e l� t- - r f : r - 8-30 . a adk A.I.I. - :i1 t.;, tt :, 1 • It '1 ' � .'. 1 i 1 j ! r ' ':i rat''. ; ( _ 1 ,Y2'. ' ` rtn , V `< :: " 7 ,3.• ?l:• , ;, F.. .a. park#ns� Rncordar :, of C onveyanaes, '' By :O .W.IIum hr , De to 1 , . ; ; ti j r, ' It :;.: ) h I : I`u 4:- . '' ;l i t 1 . P . e3'•� I ty• ;' E ' ' ' !; ij li '1 with• :all and{ • singular the hereditamenta and',apr urtenan°aa . thsreunt° ' bllle,tving; o in any- °qtr` '' r .j .C41,•r • it c 12 E' A EE 1 >.., ' 1; , e ' Is i ' .' z, " ` FS `- ; , ) ; , 1i 1' ILYD RS UR ID LT:: COX. ii 1 : ' ,, .. 1 l i I .: i'i it ; ; f . • d' ,C . a t ; !I 3 wise a ar #ainin to the said r s i WIT- " { is l 1-' . I r,' _ —.�. - . ._.� .u.- . . ! i : , i Fi? tabling d u.' II. I oolb' and Whitt heirs. and assns forever. ; t iG _ ' III - h sl •• „ . p „ . ' ' 1 - ' 1: - '! ✓ - 1• t . ,{. • t t.• 1 r: _J T ME SE ItII ' #•. _ Y - ti , I , "r. i •1 - s�: ., : , 1 c - i • 4- " . . ftji< 4 . -u , tp 11 - :f ': K1iOW A L MFN BY _fiiESE pRESFtiTS ° ., net E. �A. I1 de and", 1c£ 1 t. �I . ,: t I f ° I " }; ;, -- , r T Y r ' T;•"Hyde hie wife ' , of r' r NE .fle e ° ` r If ' ' " . ,: 11 (,; #, �+{ t r yy f Z 5o rY ,1FREOF, r , h va. hersunto set kends end aoela this , 30th 'daylof Jattuary, A. B. 'i912, ' t - } : 1. •: '-! If. 111" ' F -'I £ ill' , . • ry, , .•I ii „ rl 1 ,1 ,.. . 1 t r. ;1 1 J. _ b •� - t1A f ) I . age , in oonsideration:of One ( ;L . O0? Dollar ,:ta, us paid ';by Mark :T. Coxg' do hereby, remisel ; ' ; ! ': ;i s ; s l,! i '� ,,.: . ' rr ° (( ? � ' .. • ; ' t r1 -- at 10 o clock in forenoon rP said d I J t l' 4t ' ,r i it 3 ! i, S r ii , ■ , t is aid ay Iii r ,` - a, • +- 7a •T a Al -j9-� l i•it 1, ,'., ' i i } i , , t = j- t ' i� . :"!' � ' ", ,`I, 1<:- ;r - , t '. i.�l - - L1I ', - { 1 . : "' ' l i. £ , 1 t i ' 1 ', 4.. [ Si • ,s ,, j1 - t rJ - , - r a, in 1 - 'G 1 r.releasa arid. forever Guitolain uE to : ite ,cald Mark T• ' Cox, and:lnto his hsirs. alld assign°, ' all ,, _ nod Sealed - and Delivered - ,!at ,t' 1:• 1 a . :1CP''g • - 1 " u . + �' .1 " , _t; r :. } , . r „ ; li ` „ , t iI ' i1 f ( in I'rasOnce oft ) Rudo ph Run:sik r t • _ ;r' 's. t - 1�' a� t ' �[l, ' , it .. C " . I t _ ,, _„a 'f . r ' .i S a . p IV._ i . , ' r } t { : r: Sophia ,G. ,.11gmz#ker ' , 1 s j I.ai R our titles and; interest:, in and to . all that• parcel „of real-...estate isiltuaite , rin County, _ Ti I • : 11 / W. T Dyke i. I; I fl I { " ;j: +' " j• ' r 'L 7 : :III: ` II ; r : , i- Ii 1- , s }1 <, { £ 1I� ' ! j ,tt t . ; j ' ill ., _ "J I%` 4 !< ,, ',. . .i' „ ,i ' �__ ky -1 'l Etr-t, • [ yt: :I a 1 , I 1 tl. Ill :) Ill ; t 'M ' . B•, Bump i i �' "• ,',t' II °.,',-„,„.. I . = ,i � �' ` 'll9aehlrgtan state of Oregon to-wit: 1 The N: E. qu'arter of the N.E. arter. ' and the N. ilait . I !1 I " : . I C J;i U k • ` ` : ' ` ' � ' `F r State o ep > „ ;,l :1 } ". - ! 1_.:4-::::'!!. ., ft.- J 1 :t , r ; - 'v" i , {I r(,•.� ,ri!{ + i { 7 1 • ( P . Gr L1O =T , r '+ i :.1: i3 - t1 1 ^: i� �i ' i^- i`' , i d < 7. •t I I t r .i" - t, : } lirf 1 tJ; :r.' i� iIi 'il t},; " 1 , 1 � ;11j , ;, rl ' t Count Ci Wa shix$ton Litt? ' ,, y, .1i 1 7� " ,s�^. : 1 i' ; t• iJ l '- 1 oP :t1s;,S.E. Quarter: of; the N.E. • Quarter. of , Section Siz !(6) . in . Tawnship : 0 e. ( i} rSoihtl Ronde"' if, I; " ' 1, .^+� ' , i`• ' + ~°.a''`. ' a � l . ' •-j > : if t -t` ,." - t ; , - } ' ; ; ;' fiILS ffRIIFIES, kiaU on this ' y t' J .iu r, ''A.I 1 �1?; 'b[sYa�e.x�e , ilia tmsisrai ad i it _ l l is t ' t t des a ar a v r, r 13f k' ' 1. t'I 4:.- 17.41. 1-. li' a, c , ' I .1 . , : 44 :1 . 1` t 1' il .,,., : k31 °, . 51. �J. C _' EV - I' ;l' .'' i i� l: ' : ' , l 1111 ,I I' 41' - �, J' - " " ., I rF i . . e , � , } i s:. 1, ""Four , ( 4) .West of the-the Meridian ' containing, fiP -nine ' '• 6or3 ioft`land ' �a a t `i s '` t I,:I u , K� l .` �f ,j • r• '' �r 5 tK l t; s: l J1! , 11t; „ ty sg3) . 11; 3i1 � . 1 r, - 1t { I :l i a ,tiotary t nit' : end`State; , persanely; appeared ths'uithia r e 3 ,1 Public in and Yar the said Cau , a .1 'yip; :.f' { ,�: J -? tJ . - ill; , - : it .j { 'Ir Ji �' ;) J „ i; '1,1 `-"--ii :1 )f ! + f , ;<; n n AI - .E • lFif lti ! v 1 i 3 i• ti " ' or ' leas: fills deed ie`tgivan .to, rel`e#.se tax claim of ear .l 5. 11) }IAVE it :IVTO ' HOLD the seas 1 ' .I" ll. i J ` ' t ' •; . , •,, : 411. .x. ': erJ F �, .. .' _ .t E ,•;; -I; : 4 Al r i7- Y 87 1 ,,1 1 t . , Rudolph phut ker and Sophia G: Hunziker known Ito' ne to, be -, 9 Vitt ti al,persons- 1 ' + i ! t n ' f :r . -_ i. - i . - ,'i i 11 , 1 : 1 t': 1 - i '� _ 1 ° 1 ¢ i _ P a , i E j 1 pt. P h a r o*la describes, ,n £ /i ; }(.. s 11 1 — - Fi ''{ , t ` j r,,il i , � j - irt' L. _ i1 ' r. • _ . .,:t I: j a ,,7 _ r _ vi.1 .'4fi1r'1 i�y� l n : ' rj �) f1 .14 1'.i ` is with`-ail the priv1leges and. appur'te 1st,es Hereunto ,belongl g- to the said Mark" P. Oox , and 1 I Li g! ' w :a ' a`1. a1 0 „ t , r u -r:•1 }1 [ Y It l " i r t ' acid ,w I . a th' within instrument, r tl t .o e e f yj 1 }) ' 1 s :s vl hd x cuted a xi and m } the „ :they; xecuted t?la . eta; g":i , r i• ',t` i i �. Ur , -:"...7,-,.: II 1 .p, : •, ' a !III 111, , y1.1 , . ; 111.; ; , `i:jilt; r,t _ [ 1 „ iq ti . , `t ' o•r. � ,' . -.� '+ 1d • ;} _,- tl : 11 ',! r . i :J tlli { • } - 1 .l,t ' "E ri 1 e b ' i s ': lie :P?(t', s n t .1. ' to his heirs as4 assigns forever. ; IIQ WL $3FSS 3ffi EoP, : a irziye horeunto tees( otu' hsidi andjse[rb q , tit). • - ' ! fl NESS WHFR£OF,c I havo: hereunto 'se.": t i�! '1[aad 'an1 Notarial seal the' d x °sad Jam Tasti 1 ,i: 1 �? - j(,' j ,• . • i i 1• , Ii - 1 , ( , I 1 L . k ,, } , - U. I4, Si "t,,,: " 1 .11 #I i,q,' '4.li �[ ::( , tilts 26th ''-, aC Jan A D. ' 12.� F✓' A i de 1 i 1_ /f i11, r 1t t, }" ; ( : . r , c ' t �` i7k •�� i[ ft „ ?+7 . uary • s� ,. . ly . i . � - [�]j�(Ryl£4��i/� , , E ' t ' mot, &11aY9 Trlritten. j ,.S - � , nK _ ,. � �,}_,� � r t wi , !x: }: r7 1 i .r rl t qq - Fill�:a T: Hyde ; I ' , . .` i -) tell �, ti ! ':f it ' I vi I • !! 5- ' I > 7. 4ff i ^ - E - 'n , � . ..•1. _ , �1 ' i --: Y 2 u:., i -6 , , - f ,.� !' ` �ti" 4' � - , . . f1 .-. ,, ` w i ' 1 ` %I` 9i` 'd' sea! ea, end ae?,ivsre . i ! , ,^ i; j i �1 ! i i v .&- , 6 bE:H. Bump l Ike , 1. - ! -4 l 14 ! d ' le the piiesenoa of F 1 i . N . 1 a F . <- ;, . ;}} ; :' r sl� •. +i, t u N? y, ,For 0i pan ,w ' . e• rues wit le a r'J ' 1 I I; : ! tar ?ubl# a s „ i IL. j ` N: 8 as 8i 1. t � . r 1i ' - ) - v_ r- i ;Oiled l M" - c., f It': ,<j, a t ,I t , , ii __ l' , . ftf 1 . � Yor rfaaord ; Jarwssy 3Otht 1st12 `at 1-00 `o' claaktP.; T£. '� 1 ` ".12 I'f 1 ' { r _* } t -1 ar°°•. ' Lotus il• Langley , '�, ' < '£ : 11- . r 1 ' 3 r t F�^. t,, �. j 'a,_G. . y ' I , , i t - . ; !# ' ' i, 1, ` ; i _ E. , PerAitis, Recorder of . Contrayanoas• i ii 1 1 >`' i t .°i1 .,.Langleq l I . , 41 `t By ' O;: hY. H hre ; Deputy. ll'`" - n _. f , r 9 " - i' • R1 i # , - i ' ii - bn il,'_ ,% ! 6d, a -{ '.l y j Sr �V£Y4A. gia', OFpORtFyiSl`N ` 'Y. { J iI itI ( ` ,i .l t • 1�r ? y '° „ 14• i`'i ;111•741,. Y .' ii!' , Count! Li : AlLLfitam�.t4. r11 • . . SS• ' 4 ,iCr2 ' 1t• ' li I � ' 1 1 • 1r... .7.7 . 6 i6 • I ''', y` , fJ '" ii: 1 �' r'1 its! „ ' t1;, • - cn 1i . 1 ?y 1■ ,tf., : '£ i : . i ' ,, • !, # , 31 :, ' f _ � i7 - .t _ , ' , y: N:POOLE- its :, . -R . INNZittRLET:UX. ,a, ;%.,„: 'w : f - .I Y...." Y;: iH, = SITS CERTIFrES, filet on this 26th day of January, "A. D. 9 for ti , 1 ''., ,r ' i . : i 1 d £ „ ? ,1- = .. ;. ,. -� 1 !2 ba e e - 5t o r ' #' tF'. i „ : Ir cr 11 . t ;ilk [ ? ! , i IiU i • , "} , _ �, 11 a f .: .:; Nt - s . ,1 , I '} i l i t t KNU ALL' MEN HY -TilES'E, pRFSF2ITS fi14t i 's H. e' t r j; y,'•t t j!! ,. S: P , Ol u a sib [ '' i " I, i R maaFi d 1aonsidsrotl0n' aP '; Ili ; 4 . ; ?the under Sigaed,aillotelry ; Public - iri And for said "Count'', an ' Stag," persona:ll,y , apis9a?ed ;the " with• pi, ;; 1) ; i " - E } is r i ,. . L,� _ }; y L,{' __, t his it t ,. }` r iit %1 .t 71. " _. i . [ , lotl; • - ' :! 4, if " `" , ; if H3 : "; 1 :. { -'•' 1 .`t: . ;, llii : • l,. ` • { Five ( ?5.00) Dollars to paid .by Rudolph Hunziker and "- ,o 1a G ` I - � i O..-7: }: ,S' �" ;=in ,naned .F.. A. 14a end El a , , { , dill1 , ;. , Y, P Ph . , . Hlanzlker , his ilifa=rdoQ - , ,4 t . a 'I . {, •1 _ Hyde , . i 1 T. *de, 11x0 are known telme to the iilen�tiaal ;individeitl I ; 4 , ( t. ' 1 ' 'I r ; i :t_, �sll i i 4 I:- ; ^ `-�L ', t. ' <I- :7 ` . r.,i: 0 44,5;12,i,): li: ° 4' ii 1 . i ' . i • I. , •J' :[ _'a 'G` �( : ". tl :1' + d'll £ >. :l , -J,• ' ; ,--^!, , = i' I ii , ,, j:;r hereb _ , _ , : : - _ . e• ) : Iii i j i y r;Amfse ,• lralanae alidorever QUITGi;AIM unto" .the seta-Rudolph Huiker':end >Saphta : wadi 4 4described in and who - a and aolnlov a g e 1 " f )` 1: J ' xaautad 'tha' arithin Instrument, • n /1 dg a. tonal • that " { fI s : . 4 1 . , I. I' ,r.i 11' i t ! :.:-. t.'n ;it 4 . T r r - : ' '� kk •:r C1 ! ° i1 r ' ' ( i ' ' ' °, t' I ', t { '. ` .;' �' D' ' .i r }} : : `' l I ;c'' I _ rel � , Huntiiker', 'huhband and wife and unt. their assigns, - all' ; V11. 1: - ';t , r _ '; ' •i - i. � . . , �,:: '- I { ; ''° ` • '! } , t . "t, ,- f : , ' F xi - . titi91'se • ills- '+ 1 : ) '•( r : executed the same -�I:N ,,TESTIMONY W''ETiEOF #I' have hereilnte set:my, seal' . 1 !In i �z)- t ' _ I �, f .ay f t ' ([1• Il , . t '1 11 . ir:t t .. f�• , , -f ;• ry :1 it fi ' ' - 7 n ,ilil Yrfr ^'1 `b'� i V .•i „( £ ' ;� i , • I I . , # erast,- in aryl "tolths . Soiaow des ,} : „: e , ' re. t . - , a • , I ing scribed"parcels oP- real asides'"shoete in' theleovnty of ',was3 I..: - t•'1 d[r•[, end year above .Arittert• I 4; -- . ;I 21 t It . ( :4 Y' .11 I. + ,, 4/.41 "ir • •,- r, di u.a• q! . )p ' i' ,; r ' ' < , - '� , ' ' q , i ,i -{ : 11,. ..... .1.1. 41, {'t t _ " l'` 12 11. 1 , _, I '(. 1, S �l,n '7 / ' )1.:' J, l ! ;i ' �. - ;r ' 1 - '' i T [( u U G s !a tl _ •w, H , ii, ,1, : j, . c y - ` o n '.1fi"" "' a .4 .! c+,.: F . Jl ' 1 Ci -(?.ti, ;'' ,},0 'Us. L::.L. le I, :, it ;.• ji = I.1 • i ' 4 f: Ik ' rtY ( +1 , r , �- i'4.: 1 , r �. , _ , '( , Ir -1} • _ ,., - ,' , 1 , t' I 11 ' ii gton a d "stn ; of Oregon ,flto-wi'tt 8e�t�tut3n ;nt� _ , oun Road _ _ dr t V , ' [ ' ' I 1 I " t tS 1. ,, a stoner. [a~C f , ad at the ,-.. . . f` ,41 �.. � ,ice tie y .Yr[blia i'ar ireQon. ; .l )� j [ _ t{{ _ J; ` - r 4: J = G , ,_ : , : , ' �� : tl . '� � • 'r-_ "t it -, � t I { - III - r fA � :}. -57. i ' 1 r 41 . l , jl:, ? .j ° - '� -:-`r£ �:: � % .. -a r,. . 'pi d 'Po . s -, r�' ' r ;". " ) , { � f . .'r r' ��° 'al' :;:114 -..-' ‘IA.”: r - , . .,• ! 3,.. J r fi r, r oord January 30th ,3.912 qt . 1n .o. alcok:A.M. E , h ,; t, „ a- , : 1, 1 , , (,.• t t. (` - �s _ `., c;i- -;, . t; , it Corner- oP,l dr• , fie lfod44tulisi,(aao6tln the iY. .Brahem D. ;,I,, C,: i ' ,6e :w ' ! a:t� J- ` ' � ;il E. -L: Perkins 9 ' d o c; ' I r , i t: t.tr> .,, i :q"?' i �' : , , r:V „ . 11 - a; L - C. s`YTi23R�I , oP ;� 3d _ I ,.j, " t i R oor er of O.W.thraphrey Deputy.' #)7 c r Es' -%V•1 (i ; � ,l k,. , [ !r r I .;' ‘14 ... - - tl .p- N r i} i i [. ''t ,G it . . 7 - ti 3:. 11 3�pp� -:,,. P_ . : - l: , 1 �' t, .j :, a- , _ 1 N1, 1(0 ; i � . ,i g -tali . : 1 - . ii,- i ' I2 Dh am ilit F tt S .. :r . : :: , - ,.,�'¢ '. ! ' o; t !e' li i , .. : - - 1 ! '' 1 . 11, t4 . Its i py }�/� t,, ' 1: �f'; i < t :. l' i r N ;414 -,'„ j ; - i , ir- „IJ .{ t it -'1;:t.'.' I _ S 9 nv.i YVG 4i V ' n l� 1j � t, e ' '� •'.' ' .'F" a °.iy�. . T r � � , ; 1 i , ' ! , .:.' t; ill , Rllxulinl, t •ulaliao iw98terl alr0(tP aid Coup Road , j}. T�}r��,r�� '7 - - } .45:; . , ,: Mill .? ,, , :! 1 - 1,, II t :r. r U3[ •0 it " ' ••• ,[� 1?'1, YY.� r .', l ,;. - �,, , ° # <' ' . i :i , t': , i � : v,1 . �1 ' 1 3 a':.BC q, ..,- ' p I r . . �aq7 t4 t L' i. N . . y 1 ' ! t1 - .}�§'J� Q :{1 . ti "t, 1. pi[� 3` . 5 t6.J`r. ,f 1 f{ -:£1 L: J - 35 ' _ ,3 1 ' . ! (. _ i l L . . . . a hanae ` 1t - `.n : '. ; � Jl Irk ,. i, "'1J':. df� t , I :: .. .., tr., Ihlnzikar et ux , ;to g,.-,, td '.Peale " \ : 1 1 1: r.. , 33� - y r° 1, . + , , r . t , l s ,, era iherl alon •said . ` 11A . p ' ' x .. ' j + r' ; � s : ° � , and Ame Cha C. Raod ='. 1� 1- I L: `- ,. II1P,. : ' ' `. ; . j1 ;j {{i I !t Pet ' fA; r"' 3 . yi D oad. A ,ihe N:Yf cOrn92 - °P ' a Lract OHIiBd,:: r ! ,}{r f ' , �' - ..r' •:7 „ r. . 1 i! :! fi '. - 74 : ir .° i ! ! ' - a :: C7:: '. _ `S"i id!:. j:...-4:1,0, r : �! Ai; r ' .,_ a. .ii '.. i ' < i, • ".{ , K 1 . ^!^ ;t` ' 2,t, .q,r' , 'f 1- - `,i )R :�F.o a �, . -:7 1 !,j y';: .1.•. . r - .'!~r' •- 1 A_ LL MFli - 1 . 1 i ..;'' . a :t we;Rudo2 h Munn' . and So his G dcciker husband 1r" l : by, Maria Xi ; ence.: _Eas or ale fib$ - a- �'! 3` ,'i tti• f �s } nn !t . • - . t'i , } t:rC', , 110i .f'. ' t " f_e . "tlf ' , Y b. ?1 . norlf' lnau of;said •King :' Oat- t,,,_ ka- liiE� carn r -ta I r : } ..r:.. , d:- 7N `ii t;i ,: . ?.., f- ;q1. 1', 7" i f, J • : I ''i {{ ,; + ,y. : te) t. er :f.l. r. , ; , _ .t$r , .ti;, • t:•',,:. 7!! . ,. ) t • - ! ' J r 'i. : ft , ;: ` {c r Al --; i, .i ! . tit , , ., b .=.`iT;.:l.. 1�! <i' .s � 1•:, F' d t :� . - r: 'y ' ! , 4 1:' "4'' ' , { . .. _, i , 1 r ;';. : ttt `rfr r; thine 'Sr r ' „ the) . .E•` Oallldr , „ i ,: e. ♦ `ec, -. ..0' al dr 1 ?a `/ : ' 1' i i , 9 ' 8 a r t 4 so tat t S , i�: , ', e yy` ,r:j . jE' 1 ..ti 1P# -e in-consid'erati on f • e ` " r i 1'. ' i a 11 i 1•. ! ; e _ l r a j'-C6 'tO thO . . rj'; ,kit ` {.. { � , „ o , Fiv . 05.00} ': Agllara ! to °us:pt41[..•by . , . N.,` ?eels do haroby; ,3 a '; ,- : y ,) , - _ ,�of, said ; tract:�' Yaoa�e �]?ast tr'the N.F:�.carner � af' Richard Heitictes� a:� '' = ` t • = t a. 1C [ _- (i •_ ` s}; r . , t =L» f ) £1%"= i ill j,;` jt-Z:;r.,r:r. 'rxf , �;,: .. :r' - ; i .,Y,. ,t •i. _ land, •711anC9 '• sou'th_ LNV4jA _ 1 £, r:; • [ U-. . -1 7;A.._%s II . l 1 i t `t ' 3' r, 's " t; 'lt !F r1 1, (• 'Xif: o " •.t . ,I- ; p %F . £.. -1 ' �j 3 m, ' >' t> r " . 1 , ; , 't ) :4 -1 . i' , i1 ",{? :d s :', t .1 'ti1 t ' r ' , ' ' . 1 'hift 4b 'h ' 't::' 1 i K '� %:" � f : " £ _r ` < : J ` ? 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L • . 1 _ . .. .. , .. .. . . . l t 1 :� , . a 1 t i .2 - t , Y'-: r:+',1 . . . l . . . • .:. r , . ..,. . . . . .:. ' . - .J . . n . , . . ..' ... . {. ., ... s..c . .,t'4 ryi•. ('•.5.. , . . _ . ' s : . ": •. _ .. .. 1 ' J -, . . . . t , .. - 1 : y .i,' too 1 , M' , l' : - t , , r . r+ • .. .I C . . r 1 . . . r ;:i !' : 4> a. 1, .7 I Iii ..1 1 i 1 .1' , : . _ , 1 • .. 1.. li. • -. , rr.. , . sr. . . - I. li , Yyrt Y ; , :.-. le3•7311‘3-11.-37 h . {.', . ' 1: . _ [' f _ { ".. ,• t 4 0 ,i e -L y .i{, 9 ! i � •,. 1 I'a { , ,: . , .b� ; , I j '• ! , I °l( � _ k 1 -Fl � . f _ ' -j="• Jr i t 1 ,� r.�. _. _I , . :' � . '.. 13:: ' �ft r , k'} q �il�-,'.• . r I 'rrr d: u `' t d• , .. . q , F .' 3 ■ P ! . . . ' xis• '• ..r :,uj ' i f/. ' . i : N { S� _ �' , , y �� x , :1. i } t5 " a ' [ ! I 11 ( t ,i , ,ih - c ;F . 1F.; �• :,�' fi :C 4{,.w, Cat .) i�. ,L a r't r '. . I: . . . - i tt I _' i ' 3> j { . r - It . te fIb ' Y ' t , { 3" . i 1 .� F ?.., } '•Y� 1• '�!}- l,,jj ir . ; t 1 3' - i ' rl :I tl ,' I t t` t - !, ` ' 1 _ Y _ ., 'r� - (' i� ' `' l 11t II - 1r1 j ,,' `i ; ,' t , it1 ; . } isi �, ' �+ � " _ , J ' SI +r :•; : , it' ' ' • ' 7 i [ It - 6 ' � ' II i . ' 1 d, i ,t, . J • i r "` i 1 ` i� it " l ' + �, ` ,' ' ' " U ' j ,. J,. �' r.. �l J ,ry '1 . I„1 # g T , �r `{l if , ; < ; ' r I r * • i ., '� tl .. C I 3i' . ' '�!}. i _ Y nl i, ?- 3 ; ;li li "'' ', i :11;- i , :i' f +? ' 141-L,p_ U , it i < , +_ —' _ .r r._ _ _ _ _ _ ,�—.I -+., _'_.��•• T --�' - : i -'i [(_. 1 '„ 4 rt I?? 3 # - `treat ran 3 ce ar`ti g 5-26 OTh1ta. to—#its—place b�la'+nnin�, eo`ntainin�, 1T5'd@r� =' -- "{ 1 t} i tA j �,a'r ilr 11�,, y'•". f �'tii_ „� t ' • ' V , I/ 11 , , 1f {{(( , JJ } 4 . i� -�i - f_'_�' .+^�=�i' .�": Ca•._F.-..< - —��,- :�".�.��I-.�' <4.-.-r rigµ t: a ' i Li i' 3 11' 11 f: , '4i ' 1 - 1 , i . .�._` i• j3i—, il, ' ! I' r _ fi 1 iS :"i 'i ,+ [, C'I [ S + �•':i;. _ ' ; ', sore or lass. Exa ti from s aid; •act that certai , 1 1� _ ; r ' ` - t a , - '�`. . :' , -` . i' !1 ` �.-_ •F i:' ik.. 'h 11 2 i . .'' -)...„,t.,:::•.?,..ytti t i ep ng. n:, 71 .75 aor•,ea herefora deeded to Burford ,N ;, Executed p traerae of GG 111 �� 1 # JA' I , + ji , ;. : , in r 7 j W. 0 Hx$eni me t ` ' , t : � � ../;2:17, .. ? ' tt , " ;l ��. 3 { fl t 1 lint ' LCtt1a E: {Roakene ; : c 3 A F4 ', �V � i•{: ' ' - t` � :Hit, Bell, dyad IAir which- is recorded on page 2O5,boa,c 93, reoerd 'of .deeds for. Washington "Coon p I i ' t -n Emma Haaken (seat> :� • i . Vv' S, A: Klink ) F . )1 .:1, , ' ,;; + il: i , t ' .1 f . ' 1 .' t " ; tir , .,r ' i it 'n and the' Oregon Eleatrii Railwwayy ri�titt if ay ' ; r . i + ' „ < } g r i ` , ti : Oragon: also exemptingIthe Southern Pacific Railroad, :-,right of: way, Jou',nl; ea�d ands • 'l1 ' ' 3 '' 1 ' ' SSts'te of Ore oa Colui '' af1' ia z- I `'' Ica ) I ' I r ,. i ii ' " t' g Washington, ,SS o S i1: r ,,; s. u - PP ; 17 •.' , ,I , , i : tl . 1 Cty1 . Fi _ _ ' ,,o _ 1 i TO HAVE AND TO HOLD the - same togetter with all• aril? singular the hereditans nta and a urltenanoea , :I . : e l THIS ., that an this ' the tr�ellth d of A rift A D. 165<J, bsfare me, ;� .r ' i ' ,, • :. } " . I i ' t L. • 1 11 ' i ' ., ' • . 11 - ' ! - + 4y P t } -: j il: I -, t `'- ! ,: {{ -, ,14;:.. :-. '1I-- �- oz: 14 - • of , . [ f �� : tneraainto ?ialonging, ' or in aa>vwlas„appertaining to the said Rudol'pii }I»nziksr and Sophia G. ' }}u�Zy _ ” , : , I ' ' 1 -- 11 !Lift P }the eutderai'giad , { a 2lotary Public itt' attdribr Oaid : eamty aatd state, personally appeared rht Ir + ,• . ',b F I , .I ;3 , - Iii . `9 A , x: I %t , r ". } : I 1 , ' i ii , • ' I: ' . , L �1 c.h: 1. a$ er , husband and trife and to their 'heirs and assigns forever'. i ! IN WITNESS italF,0P, •" we, have here- ' ;} i ,' r, iwithin named W. 0.. 'Hooker and -bola Hooken•i- his w ,.) D - '. tic 1'! ern a " " �` 4} -, . ir• it } 1 , ' i, F¢ ,-.1 , - - , , ;r II !i i : , lt- [ _ f ifs, to :me kr[o'+� •LO hs .the idea 6 . p o . _ n r . ,, } i' , i I - 11 Is ' i ? ' .. 1 . OA: I 1 . f 1i ' : �� ' t ix it f : to ` , Tf�j•, )} to 'set� oa.r ilart?s- slid soels , 9his 30th 'day of., ■Janilary ' A,D: ?.912 at 1 O'clock !in of said { '} . = described andr(who executed he' witti# i #nistnament eat s knawled S, ta me 2h3t they executed tie # '�` f � ! I•' I } 1 � , • t •t •' ; d _ , . k t , ;I { . _, ' % . i : I 41 1 �.!• - 1• ;, , ` 3 ' _ I , - ,• . _.: ' 1 ' , i . ; } ' l ! , 11<t .� s ; l I , , • , r {,'C ., j n :'• 01 i r , [ ''`3.•' { j Al <.`; Stg Signed Seale and De ive e e ' S. N . pools I . { ! ) 8 al i " ' : t y ; t1 . ' • t same freely ant € ;voluntarilyi for the uses end purpose 's t rein mentioned. 1, IN •TE&TI'tONYir11t" ° '1 ' C • ), 3'I � iQ1 , . d 1 1 r d in Pr Bence ,, . :. ' 1- < 1 : Ira I If ' t 1 ' . i f; II. , I "- _ D .. ' ry ' f ' , . art• ` ' j M. B . Bump ke , 3 - 1� I c, , 1 • IWHEREOF,C; I hays tereunto sat m7' hand end oftlaiai' seal-the day and year- last above, written. W.', r , yii•+ i • `n _ i1 13 I I . ' 1` , 3 , i , i i f,. , { y6 , 4 "f d ` r } , • 1 • } I STATE OF OREGON, IT I ; I ; i ; 1 t 4 . . � F jT I E tJ t• t County of Washington ton SS. : I li ' ;i ' " i{ SEAL 1 " - i 1 t ,, S. A. Klink ' -, ' , , - ' _ f ,I } „ . }I li t � . i /. l Not6ry Pit der OrtrgoA a r1 ( 51 _ iIS CQ2 FSES That on this 30th de, of January A.D.! 1 12 beforelme - the undersi`;• ed '.F [ 1 `' tl ' r It 4 @1• s 'g. ( t . � * y y :! 9 3 .;, , . P i 1. 1; r Filed for !rear; 30th; 1912 at -3:30 o .eloak' P.- M. tii, - fi ' ' ;J : {'1t ? ; i it lit ' ifI - i '" . „ :I I' ; ti j E. E L. Perkily= ' Recorder of • Conveyances. a , c � ' f t i, '. ttt ia' Notary public and for said : County and State, personally. .appearecethefwithin named • S<N.Paola .0 , , , _ J •:t,':,-;,.. c t r i 1 i F , i yio 1{,>,', O . cr '3{ Pin 141 % . t : ' i : '$ rF. _ _ • n . 'r ■ [ t a V. H. � i l : ! r ( • .j i i ! . •I p iF _ o ('+.� 34.x,' 75 :" rr R •"I + i F unmarried known to', ma to bo the_ Identicai periion described 'inl and who' executed the within in- i . v 592i ME9CHAl:TS SAVINGS k" MUST CO. TO 1VALTER A: RICKS'ET fix : •,(fI. ; 11...'. . 1 t ' II ' [ + _ ti ( 's • t, 3 I ,k: 1 " v } Ili • 1. I . F ! f ' ii r l 7 ' 71 , i i'4:-.:' `• d i(, (strumerit, ' and • eokrawledged to me that' he executed tie same, . Ill 7(ZTNESS }W}ERiOF, I hnve 'herounto iji c ( ' .:' - 11 : ' ; ) �;• 2 I 1 I, ' : • a o 1.'i:.4 : i ; ;III } t ' +, ` KNOW AIL MMRJ , BY 41ESE �t3PSENTS, That Merchaata Savings k Trust Conpaw, a corporation of. the 1' o . :: a ;!r '': 1 i, * . i ` setar/ hand- and Notarial seal .the day • sid ;fear. last above written,• ■ ii • L. t } ,, n II . - eft 1 , cis._ „ ” ;. j'-SCI -.. i : 3 . ' . .h I , 1i . , F _ / !I 7113 , i r .. t c 1 O!a II i' f` t. r d' ct;3 1,.. .. . t i •r i ti 1, • If i i' lf` S� ' I .; li State or , Orngon ,, with it adprincipal , affice Am the City of Portlei: , in consideration1Of `ITen,l , ? ° ,+•j: 3 - 11 i + ' i • .t - i'' 6. ,k< B: Busily a ii I., 3i I ,; '{' ! �.j ? ;'' •tt � :.CZ 1} „ - { C;�: 4• , , -I • '1;1' .•i ; J �: j. � : / Notary Publiai far, Oregon. L -' ; ,iiJ Dollars ( $10. 00) 1 to it in hand paid by Walter A. , Hicks aid Ruth C. : Hioks' ills vile :af. Portz-; ti ' 4 i. , ' f,' ;, t t, - ;; 1 ' Riled for record January 30th, 1912, at 1-O5ii P.M, . 1�' ,1 ' I' 1 . ' 1 " _ 1, .11 1` „u 111= ` ' } la - ;•,• .. -• - , R. L,perkins, Recorder. cf Conveyances, (' II Ij ' ,i ', i ' II ` ° land;regon,I dote hereby grant, brrgain, 1. se11 and convey cote •said Walter •1A. Ficka and�i , 1i ':r• 1 F 'i 1 . - - By, O.W. riumphrey, Deputy,. . li ,; ;} } ,! : i q � „ ytr � �ly , `t ' }; ,, 3q ` tfgk•'I j 'I l - 3 . .--; li �� I I " ' }I _ i , , . r.'• - L, ;' • ti. 'ii +h '1' t ` rl 1 { ^' 3 I ' - ^ ' ''„ +'' 1 i i lull ' Ruth 0: ' Hicks their. heir a ' and asoigns, 'all th., following bounden lard . described real Jproperty ' i' [ , . '�E: 3 ! I. , '� .V .I . ; ., s �- r , " 5915 - W:" 0 . ROUEN " ET AL- - . `TO " MEIE0DIST EPISCOPAL! ' f ,l }- 3 t i i Trill - : { t II i i , i` 97 situate in the County of Washington Bud State of Oregon, to-wit: The north ene-_half ', of ,.LDt' ;� , }t: jf `; x - „ ' it I I iv : • i { i I. ` • _ ] 1 - •' , if - •-1 . I, ,. e a (I q I ! jle ii ' ,• - �: i. < a. ,n ° (% I :. .a........" ' ' i ill I' Ir. .1; e. _ .ti ' �1, ii ' r KNOW ALL MEN BY THESE PRFs }ts, That W; 0 . Hookah, and Eons : tieo)ien, hi ' wifeP, � 'af Beaverton, :n ri i One' ( 1) , : ALDRIC}t ACREAGE, as per, the dulylreaarded plat Lhorsof now?an tilt in said ;Counts•,.t"+ j !r, ii }a i is `" *i - J r':' - • 4 [Fii j11 i� F ` 7 !, iifl1 k , " j1C ; i. I . 11 _ - I: i n 1 i{ , :a'' a'�I: -.i! t:.- s. ' fi•s;'_ t a f:: - Washington Co. , Oregon in the conaiderati ! {t • o- '` tn 1= :. , � and ! Stitef contain# ' 45 acres 1 , mo lore.)" -' yr, I u r';' I '. ' • ,,i,L, r ` r an of the sum na , Ora t1) '. DolZareLd them sa ( rig 9 7 , - re or. together with all sndsin$alar' tkg tame- t L } Paid by the ' n ; • it \b' it 4 ! l , ., Z s f.4.:;"•.;ftj:, .' - II i . ' ,- 1 1 i 11: 21:; 9 A�W i ' � r i , - - 1• 4 . " I S ` : i ' ,. ' ' ,dt , . = : t: di - .0 .1. 1 . Il ;• �\ { i } y 1 r • - t e , : ` ;1 i '• Hy • `.;J'--tmffisp heredite alas aid appurtenances therm' belosiRi ar in- atupwit,a apVpertaining,- arid - _ - 4j1 -+ .� : f ::. .�' F ltethadiet EpisoopaL ,Churoh of Beaverton hove iarginad and sa: d end by these , prbsantE i10 1 l y:,'i', • .I t� . it ° ' - h I + , S •_ i1. I1 : , t ' - ' ?t _ ' __.. v : _ F t; _ .i ! r:• �( ' nti , i, li _ __� =hereb ' t _ r j , � IS a�. 1 - ' . i ,� I '1 } 1, ' i - ,{ " - - It r, •, " '� : r 't1 ,I,1• £, also 811 its estiile,,,rigit , Ititle aril inter*at- in laid to the same: TO iHAY£ :Alto 1Q :EOLD _,...u..., {li ;: t-Font; bargain; sell aad - eanvey to ?aid MejihodisL ieu 4, - i •,t• 3g o?a2 Chinch ((end to their „ 'I Y �' '=- 3 . !.'[ • - {, ,I �, : 5 I j} ,p i1 . 1 ' . It . 5 ( 1F.1- ' 3 1' Z td: I-. , r! '- in p Ii % ` - iF. . ' - n� iY. ir{ 91/..ir'}: , t• m1 ', .• 4 1: 1i the above, described anc granted preolses unto the . said Walter A.0-Nicis lentil int}i C. R4cke , :i,jeir, ;! 5T`1i and sari o f t el lying ,' ' I t. 11 gn Drover, the parcel of rec. tata e a , y ng land being its ,1&eavertlon, • i'lashin ' I ; ' u- V ; i ' ii } r � . _: - - `I I : i t9 ? i - , fo , u. " ,F ^ 4; :Pr_ . a,.• �<, _ -i' fit ! Y [' •- yy heirs and "aeai it for : And MerchiciLs` Sad siFarp s gran , '• .i: : j toe County , ' State f Oregon, and bounded and- part#oularlyi,dtrecri bbsl Ra- f Yl0 • to-Wi �'' i : ; i J SIC , rigs & irust Co tar above ttstced ti, s t :, ; :� " ' tt I ' •f @ ; 3 - .% (3 . 1 1 i ( i p f 11- • !Fret , <` nl '' Tll, ri) t' a o 1( , � " 'i EA of T ; ; r In Hackeas Addition to . Beavertor. in Black Eleven ( 11 Srsuth V a ° I '' I 111 # novenanL to and: it#th Ws1terlA. Hiaka and Rath C: H#ckai, tbe abaveaisted granteaa, ,tlelr 'helra t3 % ° 1 = < , , , . 4e{ .,,. 11 ocher a,. ,sai3 blaakjn6tvibe= . its li 44\:-...., ;• Y ,z ! " t' 4 - 5` _ v • .. .i i _) a is ; , I` �'(13f �I , l : 3,f I ! III ' t ' l3 t ' t ' 3 rf 'i 'I' , ' ;4, 11: f '.n"{f , ':'G,h, •' t . ]F , ' ,. ,�� :1:,.,. . : '' : ` : : : b ii . : , ,, .I�;.li t. ;; 4 ,, ' ; end fi9oi E the . s .'. - ; . ` ' - .- LJ ' :r .I t1 . . • longing to said church above mentioned , a0 by:1100 ft ` add .2 100 ft. 1 li 0 : '• 1 , 1 ; S gn , it• will and its aucobasors shall/= warrant afi6 defend lib above . graated ;+{i :';?4:•'..-4.: - '.•-,'h 1 o , -g-i..,.. . , e. ,a, i, ry ow Lhly ( NDrth ,aidtr ofi25� t il . ' I ' } i ' {` ' �( dl F(y•, n 1 {F' n 2{ 3 S I 'C 1'•l: -..e l •r .t. L. • jt '' Zt 'i 1{ , . 1 . .•i• f' t . 1 ! [a3 i' t ' ' i t ' , ,3% 1, f :7- •.y 1. n •. .°' 1- i.. + i - .• ? , f(j : i 1 by 100 {making , 75 " by 100 ftl '. In facet for the uatr'' Df "sirllbeilefit of 1ti iM ; 11 ' prbniatra, Iard evuryipart end _p6rael `thbreof, againsC�the =flats='end caedat38f , EIBid ;ari+Dr, � 'i; �•'_ (l. a ., 1: - , i3 ii , 11, i” ; : 1 , and, f: ! ;171 ,. ' ti , { i . 4?' _ it - ! . , �1t_ y.. i t"r. : p ,;A4 ;, q�,}'yi I, G { 1 tl .•�. •. ji5 i membership d j. ' tl .y . y4 Ir S. ; Y r I - it i` • i,', � .-, _ r :[.M;.v.{4�, ,F - ° C . : I' : r:^ . } 4 ; n, • 9 `amberahip , of . the L'ethadiat Episcopal in;TLhe United Stetba 'ot AIIlhria 't " i III; and a12 persona claiming by, . troei, ?,thmugh, . or under` the said greater, unto said grlm�etre Walwr ( - , ;., r 1 j ; , gp u;_ rT, : a, aub �eet to thee , I ,s 3( r, }� k � q ,� _ ;:;-..4. # ' I '.� 13 4- . . c'. . , ;;E,� . IiI ;i ' ,i I , i. 1 : ' I ( , . . ; , ' u • i..• :.4; ^- c P �?r i1. ' ° `vr \\` l t ° (I,,, •, :disalplina ` ua e & mirtia I 't' ' ii A. Hicka,! airi Rut,i C. t)iaka, itiieir heirs and eiaaigila` fartr*er` IN WITNESS WHERE617�t ►'�'' ', ,; u ) , 11 I. 4 , r s , terial. appointment afi• timid ehurah, i �, i ,. Ja i i( 1,,.:I X "_' -<. troll 'tiJGe to title auth0l�i zed & 'del, lit . 3 i y o f ,. , 7B "i,t4t. i.:i. 11 i fd? Itlt _ - <, l • i1 , s l ' r 1' ii':.: ; ' Nis ' �� . b, r <, ;.. {: rl',, cloaca irba7.d; the gr6oeeaa ahalZ `bs ;@f osaii f it i ' i3 iii, r - 1' rSatrohanLa' Saving's, &' Trust Company, puraalentto6- resolutionbt- Ste B4ard • ot mrectora, 'duiy ' tr r i-.;? :it; x Y ' ,11 „ _ + a usaa in a}roor anon wx hIt a 'groY eione OG i: l. „ . ' i• I i` . ,J (I',,• t. ') ill I. '' - - , n k .l ii i7 I 'c` 1 V tF t Ti;' ?( ' f . I 7r _, �' + ) ' E: t . ; I, � „ - it.,- • - " :1 "7 n .4n�. . {S'. IVrt F ii,. t said : diaoipline: Tngt�,ther with the "tenements.s ' - h " - ' Ie I, � ' r:' . • tr ; , It iili '` ;� and legally' extop'Led , , has cattsed , thesy'preseatz to be' aigaed by.1ita ' Pre aidaat ,and " `attested t�y` r = 1 ,M;4. t{ , ereait aIDa tt+s 'am appurtan oeI tilereuntD ; Ill ' 1' t :td < w j . M . <: .} li 1 ` i :' i - , j,: l t1, : 1, J1 . [l } . i ' - '�' 1 R: ' ^ a ,'•� , r1,' �.r � \� R ,':3 tiff: ' belangirn,}- ar in dA s )� .i {' {; t' : ;l . , 1 , ; I its Aealstant : Setretar and its o orate ' 'aebi to btr•'he:btmto affizbd'OLtui6 loth d oi' ` € '.,i = , ,, r , lywi a appertaining, also •all their estate, right ; titta .;nnd interest, at i ! I ? +! 1. s' y' ; •, + �I r , i tt .t . !1 . 1j: f i,t. - , . - , '. , .} . 0 : 14d„� !tk� . ,;i - ",1 ' , t1 4i,) ' 1 ::;,:i. f} ,� ri tr. .ILL 18� ,a{t+! W ill - `•1 1i f. ' i , Ii , T I : , I+ - il� 2 . I; j t,.., . - _ - w r JNi# . Harbin' a1 thbratc; .+xtclud dDVtbr and i Ir , I ' „ JatraarYe 4l ' t : i"'' �� i tr %a ing Digit' tagt r 1 't 6 ' '--4 ;L, it t of' dower' : TD4b�{" � and tD hold '" the . it . z1 i ERCHAtt}S SAVINGS & -TRUST COMPhY . ' F t t tills;..• N1 +�31 8yg ,l . i,• 1a. ,f 0: idF [ i . ' ` <; , r ' l _ i : : = .�``�jyJJ a tD Rtie said �{(tatlwdiiSt ,[(�ieDO al Ch Dh " r 1 A.. :1 t; 3 8Y W. .H. Fear ' :Preaidat - 1, , :� Yl(" ' 11Y "l • S _ I.! ,(, -A p ur . and' to their heirs 1and.'assigns ';Por'ay er . ' And -W, 0 ' !El ' ' - ' i' 1 , < _ "', " �. 41 ' . t •1: 1 :14,,. r r • .�! ,- . ' ,r - . •1 . ,i; } . : - i . ! y . ! � 3r i . . 7 - - - a: 7-••• i> , Attest; .' Walter i BroW11 l ., i, d � t `•3 .� ', It. . i C . 'L.� ' - - • l :r r!i-t, - f't - i[i( ''• 1 ij , i, s � , s - i ' - . r ' HD..1 . and E® +' - I, t' - )' : 11 *'' '* . v C_, 'Ifh ;n ` : j. i' . ti It ii ;r• (,;. ' � , S d' - 9P _ i �. ] n.J.Hai, ,. . f ( a liogktn, hie de" .aovanant pith thti said M ;: i i ; <i4, • j Aastatant Secrtrtary : CI Oorporaye a .;�• - r A <'' ' is ^II } t :�•. 1 ' ' iiL 1 : llli ' . s . : i � ,; „{,.. � ,j( ` ' - " .. ..r.41 .1)...- - .:.4. , . 1 L - 3 ' II : . 1 �n �8 r I- , 1 ,s.l q r =�Ci a _, t, 2 4heira; ' asaig<1a end :la �f : l , : = ;, . �. ;• I.,. } tI-1 -representativea t'oreyer,• blot the>saidlrt 1 ' +r , - 1! ; } ,; J; 0. ' Caliiaon• - j y ;! r? - ' 11• " , t i) � '. r > , y. T , � = -1 :'t t ,la eetate ,il6.°faire 'from ii% i1 }) ;I tY - 0' '4; _ ."• :• . rt:tpt� : a 1` ':/ t:- t'' ` :1 , ,I ;{[ ,I . , , I' -, - Es' W@riderli da .Ktr �- - :' S, t, ;k> c S c .d tie ;ti: :I ,} } ' , �{" ' F!' 1. s , oumbrsncea sill '. " ' tc • 1 „ . ,, i .,'. r ;. , , 1 ti8t they, . 4lia. otters ins f « - .tid: ` , - r ' ,l'„ 'a • { r I '� - Ili Si .:, .' t. .,� . ti' -8 : Jj : .7A 7 i it ,.,. fee aimpie !have a - good Baugh,• to sell . stid: conve 1 Flame , - ,, ,it '" •' - I i v: y.lthe i - STATE -OF , OREODit i( ;`, . I i ; .• ; tf ?� ♦,,� • , , . T .'it 11 .f' �' • Q .11 ( '• L aJiA~thatir , 11 ) . 111 , - ,444 tt) it , :J I ' !., i' '1 '.0. - ,a ia . -rs f I, they': is'ill sid ' the C ' Co - � ; ' I , . 1. , . 1 ' 8a. a ,.,! "- ,I t a.- ' +. . s „ ir hairs, lsxecutorsrend - e " r, . t ' ; . . tJ # dminintratar f; sha 1 WAR t ' ti . r Pt ', . i '•,z f:• � , ' i' - ; � � .; ,; } . , HAti \' CP.tdli .DEI?ENA: thtr �,w?; !t € - 1 c 1i ' t ' ,r.5". 1 : ",.. ,./41:7,77, -i-r .' :r I , = c II i , _ , - .3i - :ti ',,.,. � 4 �.:'� ,. 1 , t ati< . 4. 's, ±i - r. „ :Lill r � - :l . r 9 , •"114:21 "..".• ate-, to .:s- i 'rw tr.. , i - I t } ' H ; ..{ �5 ,,, -e);:" ;•<.'1; +a , r . ii Lha said II6th .. ;M � • 1= 1 r ' '� 1. = t , . n .i I' L > —..•" a oust, is @J F.1: •r. ' te IS f . t i`� y� '. : i ; `Y y - ;. <� } . i: -7.44t#-d'+ it \ . . P I t -• . 't- r .heirs ' ma .,{ t 1 , , ;'fC ,1 ' � i ' i ir- • -'n , ^, ".i, F , , , r,_ f . , ,. 4r� l ,�, a " sasi'�te�for :ver, ' s aurae' -it 1111 4 . . .s I ; ,,,j t , ,< s l , } sg} ' « i'U ; 8' F�! ' , t„1 ;i s_ c . On this 12th d ' of Janu4 1 I2 before se a . i :( , k.; ' y I{ ` " . ; ; 1 ' ;11 . " ;ji , al! ft ryi 9 , ,apps red W H Fear and' Wsltei tr: ;: , g r { . Irer r the, la - 1' - 11{ ',4.<'•e``,1: ' t: `i ..' ' 1 1 ti ' + ,i 'I ,1 !r . ti 1L f. . 'J ' ` {>, (triP i' GL } � v. ,; T : . , _ �. :, AiStI' Olaima Varrt d t1 -�r E� j'; . 1. ' S i� r [ Ai � a ' - • lb •+ ?I t+L^" - r �'-- O R �� ''r • .�. , i' .:t - , . : .>r .5.. aaar;�a of all4 arsori8 'x t ;: „ ,if . U` . =.3 r, - x }f, :,1<.' , r( ,r P t }m$aever.. $ ,r t ' 1 � ., r • f p 1 .r ' !�,-:� -'' t ' +;: Y ::L '1'1' 1 ,t' < `� '�-: :, ' Si-- , 1 � . •' IN} WITNE&4- rNEREOE' rairshave `tiere- >;: , 1 , j : �- ` I =�,• • 1, `t °c. . , `'.� tl ,: '�1 - y..�� i ° p " P• t :. i, tr; •: �� ;; ,, : + .. it I. }i. , , 1 , •—•• H : Brovn ;: ta ma ersonally knoim, •wha, .being_duly4and .severali : swear ' did' eaan far himself:a } 1!! 1 . ,, r : un - .if T : 'J 'r'• ' . t"-ri ,` ' t 'ihr '' ' t.• ' f1 } ' ( , • Ctitl • melt 1 . 1 1 Y . .o ; • s . \. .� 4r { �,-,: l � \I,,. •! ; rk ta. et fur, + 4S' '- and \� I ) .al ' ' r ''i I' 1 'Jr i ' r ,, i 'r; r ' � • .c . - is -IS :i„ c 4618 hies, rr +r - i - ii I ''� t' �3i4f1 rl- c • , ':1 ` , i ',n = ° � -•i�•-, � _.1 . i - ,,r ); •'; .i: , a.:. ,... i ,.t a1N.h_ .(12) 'tt ' , 1` a iy r { . . f-;. ; he .: ' 8- i '• . Z. .:ft.::i:.' _ 'r ' - ! , '�ht• F riiA3 I):� 1 tl. ., =• I ' i 'r: , „5„ i � u' v�• - fi ,• r ' r. .� P 'le((,,��,, 1 � :, ..� . _ 1 ' j�^� ' {j 77 r .i � . { :]; D '-a! � ( - . °`.', „ _ . - , � `t` h s i W H ' F a `is .;'t ,.- �,,} ; ' I � 3 , tha`t a the ei . . . : a � , the Preai ant; and �;' ha • the , eeid� Walter Ii.�Bt� is tIi ,=s I d .icy .i - �ow v ' '0:t•'- i .. `4 '"`i�' 1 { i ,i: 1, >• 7 1 , t:,{ ,_' l •i' n : V •f'` • - ':YC �.'d l 1 ' i� 11, t - t - t � J ' _ d �=�: . 3 4r , ' Y:a( t r , r. 5. f ' q 1 ' t • { { at {; 3 ` `� { (• - ' -!c•, ' r 5 . 'a - _ .,G sJ q.x, [..,.' -1`i L'-- I%1 ' 1 , .�R. I . .J -*:?r ) L'F>••- n S<. � � 1 tr rj} (F '{ '. 7k �-�d'`` y ! -,i 1f'••. v - i<�1.4, n . ., >\ 1...c ff . l ...... � 1 . - ' 9:." • - li-} .. . : lit. .-," ;, . . �'. u3 . '�t ( 1' }11. i � " R`7 - ' 1-. . ,Ll .rv'b : "•. 4'-s . zr :T + f'i: ':, fi .. f .....r111". .. b ,,,. . t 'mot t : 1,1 .."1. ) J d, - �, 1 '4609 y pnCLPN RUNZI%ER Ef AL 90 OREGON PLECTRIC RAILWAY CGJPAYT i Il11. ci .• -" b�s.,m.a��vy A .7 ___ it JMo1 AIL kW RY isteliE PRESENTS, That Rudolph Runeikor and Sepfls G. NunitheT, hie wife, loC — (r , the County aP Wee Jiington 7n the State of Oregon in sore Md ernticn ottthe cum of One and oo�Y00 1 p { 1 ' w F . 2.O0) Dollars to them paid by Oregon Eleettic Rdlwty Comp, a corporation duly otgwited t ' ' t {t) . der the Saxe of the State olc9mpon, having Its prinedpal office et the City o1 3or"lanf 1 IIn tad state, the receipt whereof le hereby acknowledged, have granted bargained, sold ar ' 4 onveyed ond ,by these preeenta do grant. Dergein, tell aM convey unto the said Oregon 6110tr1 r I' ti5 15 V ,alferay Compeap',`its Buoceeeore ant assign, the follmMg described parcel of land, situ to ; D i ' ,, n William Graham :anetion Lard claim County of WeahSndtnn State of Oregon, to-sit > t ( r, ;I 1 EI hI A strip ofht1 on the linearly el de of the Oregon Electric rdlw.y Comperyt' right of way ,� ', , ( :Sir p ;'e.,"- as the tame is et abed out and loo eted over and ac rote the ltdde of the 'add frontorn in Redd '.;,): .;, .t ; t ,I1 m, Graham Uonatl or. Lend Cledm7n See 2 T 2 S R 3 W. W. V. County af, Washington State of tags jP' n76 strip, CrfA)gulee in corn, tieing more particularly deaarlhed an Mllmne• BegimLLng at •� 1: 111,1 1 I�ha 1ntB n0atian Of the Weetarly line of en16 grantors land 1 @LYn Iftaieesld 7.bnetlan Lana j . I .t f( Claim, In Section One {I ) Township Two (2) South Range One ( 1) pee'. Willamette Veridlm end t i 1 (fyyy j1{�}j +( jI I ,. 1� '�{, 7 Reath ly line of eald Railway Compete�s Right of wey{ Ithence Southatly along said Defter)?' fl t { 4 ( t dpi Fitt of , grartora IAN-ard measured at right angles to said peilway 9oapeay'e Right at Welt ( 1 ;} d a dletanoe of fifteen (15) teat; thence Bout➢easterly to a point af!intm intersection. with : 11 ) at' '', ir i, �i' e:� 1 p fit Vetteriy, llne of raid Ilallway,Oompanye Right of JAI, a dletanoe of Pvor INMrtd' ;400) r1lt' ' rr' I Ii J. A I ) , ( , g )i , I theme north Westerly slang the Westerly line of said Railway Compey'a right of way to a i s r 4 ' ' J bl ! I. ant or pliant beginning and containing seven hundredths 7400 of', 6 acre, mrg ar 1 t;i } i iii... Together with all ard eirwulor the tenemente, bendlta orte ,And apWVrtensmne tMremtia be- f , ; - t� !7, I T I; . longing or in anywise eppertalnirg, ;rd 'lea all of their-tetate, e1gtt end title Sn ant to ( j ti i the ease,, Sndludltg doter and claim Of dater. TO RAYS ..NL TO.AOLD the said deeorlbed premiena I II ( , l!44, 7 ° n - unto the meld Oregon Plantain Railway Wmpa[p's its auceeeeorn sal oaa7grm totaeer. Atari the f { grantors do vovenent to and with said granted) its sunnraeors ardlaofijp)e, that the aboval gran- 1 ,¢ ;. f • II Y, teJ premiers are free from all Snounbrances, and that they will a&'thelr heirs, ersouteaa 'de. '1.441 R d ffjj d and ,dmirdatratore shall, warrant and torever defend tri mama unto the add grant's, tip I J•! , 11 4 'i If �i ,e` 1iJ . suvoEaaars and assigns, against all 2arrul olalmu wrd demon of all persona whomsoever I ' ll �ky tt, I ' 14 '55. . 1, t 7 7 `' , IN WITH SS effERE.OP, we have herounto set our hmde and seals tide 23rd dsyot April' 191)9 I 4 I. ' 5 . Ricecutdd in freeenee of ae M Witnesaea: ' MeOltFsnaikede l (Seal 1 %7 ' : it 0. 4 Tigard . I ( , ; :l. 1 6. S,: Tigard re tt, Sonfle G. Runzfker (S& (((19 'II I 4111 . State if Oregon ) ,� 'a r� Aq I 1 �' 111 SS '( ! I Rid 1: 1 County of Washington ) n "I ' ) I. 0. P. Tigard, a Rotary public for Oregon do hereby certify that re this I J ; fn � : • g 23rd day, of April 1909 personally appeared before no,l Rudolt.,JLlamSkeir ceti Sop>�e d. Rt¢Lter ,0I. J. It , k$r a .j .1 ) -. jd ., � ' 4 111 S.S who art to me pemm�l7,y known, and ern knorn to ms taste the identical iedirldnala Em t!d'd a1 a 9, Sti wd who executed the within Snetruaert, )md tfernnpon ackmwledged td ee thatsthey'Defte d 1i r)fy,• II 111.1 • i i] .1� 1 ' . '1eesled and executed the sane no their free eM voleriao y art and deed. tor the urea- sits parpoeaa , . . the:Win mentioned. Iii I , (( Ir 3tt w, � �F . a.\ � , `. T ' . . 6 S1va1 under row rend official seal thin 23rd a ef.aprfl A. D. 1909 , ' Ii ill 1 ) s t '1 �aa1/ ' , O. P. ttgard (: 1 �)I ni i ' 1 - t , Notan9 inbllo for Oregon , a 4 {!1 p � .. ' . ,d1 I 1 '! O Piled for record Yar 717th 1903 at 2-00 o)clork p v s.1 U 1 -ie 1'} fr r Willis Ireland Roeurdsr of OonagyamT - z r I( t t : p -0,, ri a i ,J sm's n I r Ck i � 3 '' i (� °f�'J 1��2,'u 1R ��yyyi , ,n J � - dtk' m, 4't 1 : 411 tyt, wr v -}dv a �� i r � ,~ y4 'p, 111g.� ri �pp� 1 J �ai. Y, A«s + ea r: F t 1 A ;t nF. f S -' : ?' ) e. ft; I, ;1l t, 11 Washington County, Oregon 2006-020491 02/22000611 :41 :51 AM D•E Crrt=1 6tna13 I CASTILLO 560.00 $8.00 $11.00 - Total a $57,00 AFTER RECORDING, RETURN TO: IIJIIllll II1I 1IJJUII491008008II III III p c of Assessment and Taxation . and Ea-Officio County Cten for Washington County, y` P. f Oregon, do hereby certify that the Wllhln Instrument of ;4(5 ,e writing Was received and recorded In the book of City of Tigard records of said county. Vr •. � Attn: City Recorder Jerry R. Henson, Director � sment and 'Nation, ++9• G✓•' 13125 SW Hall Boulevard Ex-Officio County Cleric Tigard, OR 97223 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is made and entered into the I 1 day of . {•vtr { , 2006, between THE CITY OF TIGARD, an Oregon municipal corporation (" antor") and FRED W. FIELDS ("Grantee "); WITNESSETH WHEREAS , Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A'I , attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B " attached hereto and incorporated herein by reference (the "Grantee Property" ); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW, THEREFORE, the parties hereto agree as follows: 1 . Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the pm-poses of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "Cr' attached hereto and incorporated herein (the "Easement Area"). 2. Grantor' s Right To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3 . Grantee' s Rights. Grantee, and Grantee 's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. Page I - Grant of Easement -- --- -- - - - 4. Grantee ' s Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee 's construction, repair and replacement of improvements to be located in the Easement Area. 5 . Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall also replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee' s, and Grantee ' s employees' , contractors ' , agents' and invitees' , negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor' s expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Fasement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50' ) of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor' s obligation to grant an easement to Grantee as described in the License Agreement. Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8 . Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee 's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor' s Warranty. Grantor, its heirs, successors and assigns, covenants that Page 2 - Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein . 10. Time. TIME IS OF THE ESSENCE of this Easement. 11 . Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, Y.E. 1 149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13 . Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel. 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party' s right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 - Grant of Easement waiver of the provision itself or any other provision. 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: The City of Tigard, an Oregon municisal corporation By: Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of &Aslt 0, 10 rl ) 7`t 1 This instrument was acknowledged before me on this /77 day of , 2006, by P'-r✓d f`✓. Hats-- ' 11.^Q� l^w"�i.11TLw'�11�.""� �ls% OFFICIAL SEAL ?) NOTARY P yC for Oregon 1� ^ y NOTARY EPUBLIC OREGON O COMMISSION NO. 373021 � MY COMMISSION EXPIRES SEPT. 25, 2007 0 �^`l"'`1-tea^..- - ..'tT".'�^.'�'t-�v State of Oregon ) County of I(I ,5k IiJi in'0 ) This instrument was acknowledged before me on this 2-t0 day of cJ fi'N 04 fej , 2006, by t6 . La , NEWI ON A-55I ST/t&7 0 m Gmi MfFMA & 5,C e I OFFICIAL SEAL •t< iT RY PU : IC for Oregon c J BENGTSON i 6 NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 Page 4 - Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51 ' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1 , a distance of 861 .59 feet to the easterly right-of-way of SW Hall Blvd. ; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1 ; thence S 87° 39' 50" E, along said south line, a distance of 846.57 feet to the east line of said Lot 1 ; thence N 02° 51 ' 59" E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 - Grant of Easement EXHIBIT"B" Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows : Beginning at the Re-entrant Corner on the south line of the W. W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51 ' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1 , a distance of 150. 10 feet; thence leaving said north line N 05° 47' 30" E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16 ' 12" E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12" E , along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41 " W, along said south line, a distance of 1349.24 feet to the point of beginning Page 6 - Grant of Easement Exhibit "C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows : Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27" E, along said south line, a distance of 291 . 15 feet; thence N 75° 44' 01 " E a distance of 47.7 ] feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 113 .89) and a length of 114. 16 feet; thence N 62° 04" 44" E a distance of 472 .50 feet to the east line of Lot 1 Edgewood; thence N 02° 52' 19" E, along said east line, a distance of 43.09 feet to a 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1 ; thence N 87° 40' 14" W, along the northerly line of said Lot 1 , a distance of 45 .63 feet; thence S 62° 04' 44" W a distance of 455 . 14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 99.62) and a length of 99.86 feet; thence S 14° 15 ' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7 - Grant of Easement Exhibit "C" Drawing Showing Easement Area I � M SW HALL BLVD COOL =00000 0 00000 00000 0000 OO000 000oc0 I !111117 S.- Page 8 - Grant of Easement RECORD OF 91 ®fi VEY C29>�3 �� WASHINGTON COUNTY SURVEYOR'S OFFICE �f l ACCEPTED FOR F/t/NG 9=2i-O= Pr"'perea by INC. Located in the SE 1/4 of Section 2 and SUITE .A ASSOC, REGISTERED the SW 7/4 the of Section 1 7, Toe ct io 2 South, SUfs 300 - ACC. CENTER PR09ESVONN 9,I5o sw coOEGON C 9707E .Ro tS OH(tCH Range 1 West of the Willamette Meridian PHONE- 06$2-N 97070 ( Ore on. PNONe (so3) Betz-2450 /'r��1e City of Tigard Washington County, 9 oVE This survey was prepared using May 31 2002 Prepared fa' G?R M Nbert lfibg4 on Confraenfo/ y CITY OF TIOARD ResEa vim REANE) a JPC4 2 polyester film RENEWAL 2/31/02 NARRATIVE- _ The purpose of this survey Is to locate nee boundaries of o Bret? or land Jest oed m Exhibit A PARCEL IV of 9r'gmn one Sole Peede >J. corded c Document Number V7-097055, Su Book of Records, We hmgton, recorded Oregon and of cot 1, Washington County Rot Records established by holding the round INS __cM n slat s A S SCOW N A N0- enfertme o( SW Ho// Blvd was e a 3/4 xsvN w.€reR Wrarco rasxlew me r 8 5/g" Non rod with I-1/2" a/umrnum cep marked "0 EA INC z ,mµ9 riot here p[sL*NnW`" Of awls s monument toga, ,POINT,ed as Monument Number 62 on Survey Numbers e w Its cc POW (for ANC, p> AS 5+,r'uro w NN z4 t95, srl[FT > OF 4 brass disc mowed "C/)Y OF Il&ARO monument p sl�✓y Nu✓6EN Z.s l� We rib and s4,g15 and 0 1 -3/ an N y f H _ 6441]5901 AS fp'IG A 1 3/4 141140& l N 24 0 ow sN '>b - I 5Y/P.' Su g/ SWI POINT, es 32+P D = 3Tm75 62 AH PZ f N 0 19.915 u 97Y as, r f 1401 r1 �L. _� em'c A a L veN se's us" AMMO "an cl' Mon Survey of um as umb 2] ��-fa er AMMO 90f OE ) bat Idenhliest os ✓menf 226.wa sed the Boss of Sean" (Orr 6a,rmWSiTh oT p r a�F uPo22 cpNry0. rQc EO at+2 .`755 ]5r A'/ L"`"' At> se PER Se1mn' ,vin/m 249's o lNaIE w No n�,9 etiis nos me ber 1 East flneo c ter)me a/ Nod" NwM _ 62125 a9y mss s ,they *amber ey Nu 0-r' was us os the EAn bas �y Sea/e' 1'-1aB' ,-�. .„ma Ra+ss FOUND O l°4J'r 226 off(or Mes /me et Survey 2],119 49/ Monument mew Rau 400 loth A Monument 216 Number re by 001 fart Sumter Number T4415 bolds Monument DISK RrA f ,.'r off _ o/ @Boren ' T/ 5/e therefore Survey Number was used oS the Sams 9s ,/� kfgmH/✓ 'a" 1 - O A sty A' 22,445 - Nab FOR % Number 226, flr� e .aErwa of a�ainew - a cFN>mtixE SW fw+ NM Monumedl Number Monument ISO fbe Mte C Pt 50'0- noldwg f SW Nao 9.5614 Pa? Or yyNMEM PSC PER SIN 241415 612119 Holt Blvd one SW Oman >heet The centerline o/ SW hb// 9Nd, e 3 l9se'w PErz %' 11.219 Ui IN ea▪ sterly of Mal-Nay Number Of S He war cslom„heed of nero,n4 the '�,,, Y SW *ALL BLVD soarov. w W lm- goon n_n_g _ record bemm9 of 5 OPI9'S6 W. Pet Survey Number 25219 The of g£° / .i arc - 9aa J R �] 2 northerly 5w Gm3ro C.R. A-130 n_ /7 C. c _ — _— __ we 57 SN 24,975 N O1'UYY E 1vW 9] /IIW.99 SN 11,9 Street umb al-Nay hoe Of SW dal( found Aber nt —"— _ _ ' -- - p9A1L0 96 v +) lie , f36j:,,nght Survey was 0-r 27Med by holes 4 the burg m menf set ,ti fbN TOWN f/1 ttlan IRON NPC s 11th amonum M set at Number 24 (Rohm y Wm-1 er KW51'1YK i>N' o/WYl" E - 940 3M a6 101 ow c Number a].d the cot set at PT he2NM 42 m Survey Number • TItyI N WIgSC E - Jra u r NhW ryp Ole t9 aushe um a�//ga Lfptrvt 5/0- m's+ ,RN' RsP 01 SW r// Blvd southerly me c0- Omaro Street I uu'r.'aP at/ WC w,/f✓ LINE. D.2/9 The nght of way easterly tndsW slated to the centerline s , ( vT -Amzf WC ON/r, (SEE eccow) NARKED w ur L5 sow esbbNSNed J�Obw(ae( a Y / stctrd '1 e NN 01 c, rot 1 l 'q g ry ]-`0-J was established by rd beano9 05 pia°:ausY I 'sT E 0-3 `�p iNen The coos! northerly one we ere) A] 70 Net of Me easterly 8 ire Boundary Sy r2R d ARK PI IA.u14> established by ho/ding a 5/B" rim rod wde �+ dire line sae SW ff0 N was easterly o/ Y Number h/ o Ice " vatic cap marked IR crt AN- IS oar an the y b poherly o LOT 1, EGGfM'a0f1 5r o x y Icon o/ SW HO// B/W, set ,n 5 y Number 25582 T DorttIC - 6 Aczs ID __ — - — - ACRES Number boundary as shown The Y pyr9167 TAIL Parce/ IP �9Nr .> �� "nW4xLb 6FA INC wc Bocumenf Num C„d�t� n�� r J IRON ROC N ohual' E 97-097055 t 9 y 3/4' van Pepe, set rn sarv} of scid Pa/eel N h , o 442 49 ?BB 'S>_J66s r SMKI" a n(oAf reef Pnrho^ viol 0-J. ,9. /.9W5 /O 'NS J/amrn4 the onner/Y J westerly 41770 feel boundary ,v Number d \\Y fou44 5% me+l Oetsv R.ro _/vJ'JCw 10.72hTh by ho/wow the two 3/9 iron pipes set m g the L'er o rye MWn'N oEt M6 )O.TTT This line Deed held ns Of haws I tit portion nrn9 the Oerenn9 = (51NgN/J mtabon to the Deed Monngs of the southerly portion of sold Parcel n 'Ncr4J7CE - Iris,JI IV me most tasted) pemans of the boundary of "parcel le was Centerline of Fenno Creek > o"a es w - a' -> FOUND J/41 IRON our esmeamed hr holding record Geed esfonaes and Deed A/r9rs-. opphad g _ \ _ s TIRO FOR oL£o Lu¢ ro rig fsurveys' eeanng ease The rototren ^ogle rs a1°a3a6 , clockwise Centerline as Femme line of 95A - art No ]_a9ros5 applied m retort o«0- bearmsg a/ Pam/ N m S loll: DOG- No 97-097055 - = �` IDs duct of %e healed me drawing u Yolome 1051. Page 649 is not z \ ` C nm(c(ed w e n9 Ou0� HEIR OR FED LON The m sued Pored an the ,s uneel Co u 85 'aN a p' Mze, roR o included ho/ding the 3-I/4" b 5 o9'zl'i6 w .� Krz aoc NO >-mw55 established by E - b50 � - ,a as The East nee a/ tar 1, f e goon 1.1 cam / the Whom Graham - lew s ' C 1 LEGEND m desk marking Me - WY. acrd the 7/B° y T A PRI G• ( 6✓ then r held co the Northeast s one r of tot 1 and the q E - .18o-r rs 1-I/4 floc bee I {ryryp uOVUMEM b rv0re➢ monheast rome of the pia/ of [m monument ins Nmbe 754/k: Me m Volume 1051 Page 649 m _ ,r soh n a/ Vie' e Nr iRd+ Imo whet✓Cot 1 woe esmblabed wesfeM i m .e.,nt "'a th ceni d e `, November Ih 1975 _ s1sI17� t - raioW pcanm o iotc e Ben of SW Monument Street Number /1W aid c0- ter/me y O 19 ACRES \\ -.N7 ;474 C - T7S 133.3/, nos e( SN' Omura fo vnd SW No// BIM, s / �aS .w✓so::c t64/ was also being the northwest 5 RP t comet of sale Ear l hOf SW Corner .------- MmCR �s 77912! C - Ilia (Tr 1,Ttaso PP i. P 1444 The Humbwas established o€ follows, the of found) position The n o/ Mommmf Number ewe O nSe9 JZJ 9l wag nwa for Nonsnbe per 1214/ and 1a The emOg+ oaf 33 was lssen wE - , mN ! u REwev two m PARCEL w established 24.4!5, (the monument ) 5 5a"o91I' C - RISO PO2'8/ d t the midpoint eroMid between f w0Y and /3261 no �.osbnyg of {.*J31 w Paooment Number R' 1J Otto-WW1 NuNOf 9>-osrrs. n a Oee0 SE Co oe Me Corner a/ ngnt-oFwo one al SW Hall SOW, N 3GS she W FYI @W"w - 02 80i4 `L faltw 105 , 6ER 9; c Pam the Corner 1shee Midpoint Dine bathed a of pro s showC 28 IS Ora.54" w 113 9]-0T<2T/ RrwM'/� esfeb(u•++M of if pmpoKeoned dr9la/ICe, a 9esS1lE ° e9T me SE Corner t3o11 then 5174074 E - NfJo Gtcend+ Mla ✓Mtia445 6EaWN%- tp(ween me NE ..acne/ a/ Lot E EOGfNTMO and SE d /Jaljl Lot 4 EDCEt✓pG0 m MEAN,*€ q'IENSECW We South /roe was then esfobnsneA between 1333) o NNy J5 s 471824 E _ 151 rNweyrNr NtwKrz a4o rCw 3311) l C txxsMENr pJq .me1r-fl w4r 5 tr Itafi W - 39.29 h." COUxrY RYo .1. EffxOe Ptt#MUiC ppynnN am - 24951 H AN 7/N NOY M , ,/ way eon ✓wars) mrmcw /Jog fit 15 GNW 9 FMIMVO iron/ BS S K!f oa 59}�SURV OWL It CORNER t - won l o7•o go , E ko�� `w rE EMniod• - 3 M n h51 / µpC gle wns eOT .ern raw° A 3 Na d` pre MfIHM Saw N 4 51't9' E - raYO51 heCNUY #F acEW Ott wan 39 M30 ME SE CwNL'Q m (u ORIt SP E _ 10-20 J OW non PONY 5t3 '�7 P YYoe M HM 5[�DONN S INCHES A 3 Tr'J'/ NI SC SO alt s PttsgT &n AT t 510- R KR f/sMl MGW 9. Pt R2077181 Owner : FIELDS , FRED W REVOC LIVING Prop ID : R456081 (Real Estate) (602824) 1149 SW DAVENPORT Map Tax Lot : 2s11-01200 PORTLAND , OR 97201 Legal : ACRES 25 . 69 gggqqqqqqqqqqqbeidcMqqcibbOO NclOOdbOOW OWKIOgOOLIOO q IDO(MOW1clbggqqqqqqqqqqqq situs Year Built : Living Area : Name(s) Area : 023 . 74 sale Info : 2011 Roll values Deed Type : DW RMV Land $ 1 , 930 , 220 (+) Instrument : 2010033975 RMV Improvements $ 0 (+) 2011 Tax Status * NO Taxes Due * RMV Total $ 1 , 930 , 220 (=) Current Levied Taxes : 17 , 417 . 27 Total Exemptions $ 0 Special Assessments . M5 Net Value $ 1 , 930 , 220 M50 Assd value $ 1 , 049 , 480 Property : R456081 2511-01200 023 . 74 FIELDS , FRED W REVOC LIVING TRUST ACRES 25 . 69 1149 SW DAVENPORT PORTLAND , OR 97201 All Batch : Inq - Eff Date Paid : 02/23/2012 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 1. 2000 . 104982 11 , 403 . 89 11 , 061 . 77 <342 . 12> 11, 061 . 77 11/09/00 2 . 2001 . 208228 12 , 228 . 22 11 , 861 . 37 <366 . 85> 11 , 861 . 37 11/15/01 3 . 2002 . 143970 13 , 412 . 54 13 , 010 . 16 <402 . 38> 13 , 010 . 16 11/14/02 4 . 2003 . 144622 13 , 615 . 86 13 , 207 . 38 <408 . 48> 13 , 207 . 38 11/17/03 5 . 2004 . 150609 13 , 918 . 39 13 , 500 . 84 <417 . 55> 13 , 500 . 84 10/29/04 6 . 2005 . 151750 14 , 366 . 43 13 , 935 . 44 <430 . 99> 13 , 935 . 44 11/15/05 7 . 2006 . 153265 14 , 259 . 70 13 , 831 . 91 <427 . 79> 13 , 831 . 91 11/15/06 8 . 2007 . 154527 15 , 358 . 35 14 , 897 . 60 <460 . 75> 14 , 897 . 60 11/13/07 9 . 2008 . 155428 15 , 778 . 32 15 , 304 . 97 <473 . 35> 15 , 304 . 97 11/12/08 *** Continued *** Property : R456081 2511-01200 023 . 74 FIELDS , FRED W REVOC LIVING TRUST ACRES 25 . 69 1149 SW DAVENPORT PORTLAND , OR 97201 All Batch : Inc' - Eff Date Paid : 02/23/2012 10 . 2009 . 155876 0 16 , 483 . 98 15 , 989 . 46 <494 . 52> 15 , 989 . 46 11/06/09 11 . 2010 . 155114 0 16 , 713 . 46 16 , 212 . 06 <501 . 40> 16 , 212 . 06 11/01/10 ID# Bill ID Levied Tax Tax Paid Interest Amount Paid Date Paid 12 . Current Taxes for bill 2011 . 155275 , Levied tax of 17 , 417 . 27 1/3 Nov 15 5 , 805 . 76 5 , 805 . 76 5 , 805 . 76 10/31/11 2/3 Feb 15 5 , 805 . 76 5 , 573 . 53 <232 . 23> 5 , 573 . 53 10/31/11 3/3 May 15 5 , 805 . 75 5 , 515 . 46 <290 . 29> 5 , 515 . 46 10/31/11 Total Paid : 16 , 894 . 75 <522 . 52> 16 , 894 . 75 *** No taxes are due on this property *** *** End of Display *** Page 1 o- .may{ u> Y ^ 4 M iigactivi . .re' AAA x Vii m: �: z%1a� I "'r`" _�.J: Number: 105 >, 176 Deed Reference: B 544 P 8 c ; .s weittriti KNOW ALL MEN By THESE PRESENTS: That we ss_Eredo.1t7 .—Fi 1 Ae and H .Suzanne_ .0�t te, Fields , husband and wife , contract purchasers of the following ` ' -- - - - - fi _ and the a re .;Ned prior pa -ties } n ereot »a . described premises , m� goi, matt - ailaisvOi hereinafter termed grantor(s), in consideration of the sum of g to be paid by „ warsai unto th CITY OF TIGARD, a municipal corporuhon of Oregon hereinafter termed the City, hereby Grant bargain, sell r and convoy unto the CITY OF TIGARD a perpetual right- of-way and casement rn hereinafter described, together : n,8 a with a temporary rigNDUf-way and easement to use an additional area hereinafter described and designated yi>; R tempera*, easement, for the following uses and purposes: ,t' '. tilkisfrti'4 'w 1. Perpeivai easement: ' `" ' szta An unencumbered perpetual right-of-way and easement for the purpose of nd sewer line recon- structing, ope, together er maintaining, inspecting and repairing of an underground sewer line and Sett.. - 7Ss appurtenances, together oath the right to remove , as necessary, vegetation, foliage, trees and other ?Mitt obstructions obstructions within the easement area, kRYCnesenxre-terthe-grarrtv[s-the *title teethe-Sr:1s, ^+ r t to-oeaatrMW 3aandings, re ?ui aulsice4lu-I�u as>miwak aarF- Uvalflkl-te anakw cxchawo WuroaErogao7 S' ' t "as witl�wi ,nieafeneawatixkho-uroswnilguiposos-odkhe.mosmorik, said easement area being—_ cwnr kF F.: -fat arencln,de.-wherrimeasmed• at1'Fghtvaneler, iefi-0+rfoHmeintternsed-emier-Imo within the g.eha�it tl 'µ following designated premises: :ram• 5. �'�w'ova '- - All that portion those certain lands described in ' instrument of record in Book 544 at Page $ ,Washington Ogovaiga County Deed Records , lying parallel to , westerly of , along and within ten (10) feet of the westerly right of way line -- . ° of the Oregon Electric Railroad; the sewer pipe line shall Vim. rgiFt be laid within that portion of the easement area lying „, :�4<; within six (6) feet of the Westerly right of way line of ._r;. '• J' Oregon Electric Railroad; RESERVING to the grantor the right r EMV to construct, use and maintain roads , fences and railroad r- - ' caw trackage on, over and across the easement area , together trxr rA with the right to construct buildings within that portion 'face, z. of the easement area lying Westerly of a line drawn parallel € a " to and six (6) feet Westerly of the Westerly right of way t 'c- ,v.■W• ifer Y line of the Oregon Electric Railroad. _.—C: engviih a , *OZ i Mitosis 3• , ? - tc Ka K fr'r .a 6.-p(+4. 2.• xt-. t"t e±•MwS.cn d"a�y g. Tempovary easement: "_ .--. In Together with the temporary right of ingress, egress and regress, and use for sewer construe- ' r N. , the westerly line m, =5 tlon Purposes, of addihunat lands lyhtg parallel to. along $6CC UfllX and wlthin_�—_,feet, in- .t when measured nt right angles, of the above described perpetual easement area, excepting and age'V- reserving to grantors the unencumbered enloyment, use and preservation n; an structures id- 0'+r1-am present upon the premises This temporary easement shall terminate upon completion of the yiT.✓.,� sever construction work, at winch time, upon request of the owner, the City will issue a q wwritten release thereof. > r rit m'e'n"' eV �'. • BOOKe tU Wr 31 n - : wr? sy- °�,.. .;... ee f /i":5'. y x y r : . 9 i 1 r L a« , sr r- ., .;;;W1 5 f.11, iy ylw*sx "/a G s*a" n C r e f _c xas ' 'wiaY t i i i ,. l ! e - a • r r5, "hae i / t a " e tom- ,+ rn s C y i r ' % rl t *' F 1 r r s } w � ke' ; v f. 2 1-' w aTM e ' 4.. 5 "�. T t' t a , A tt " 111 a -1 1 *. yr f 75My s � ert, i a ri p ^ . P 4 E 'uv 's t .. , u S r { �FN't` Ws* �, J.Y'� 3. ax 1 r4T fM. LNi. :1A 4i 4 I 44 , w7y� ^.. f t r r 4 t.om �404 E R aA / G f CtYAW k f W T w 7 +y�r . N + ) . .. . MIIIIIIIIMIIIMIIIIIIIISIIIIIIIIIISIIIIIIIIMIIIIIIIIIIIIIMIII a � ._ , .. .. .. Al: x ,, , -.era; wasass 5T))44 11 t W} ;df .-mw: at 1 ? 6 SPECIAL CONDITIONS : _a(z 1 . The grantors , their heirs , successors and assigns shall , with ,t respect to any sewer service connections to the said sewer tine to be constructed within the easement area to serve grantors ' property, r of which the easement area is a part, bear only the usual prescribed 4.:,.,1; i -'.t and effective connection charges , or such connection charges as may be negotiated with the City without surcharge for the benefit of any , `i other person or party. 4 'e• 9 2. Should the elevation of the sewer line in relation to the exist- �, ing elevation of the Oregon Electric Railroad bed , at any time in the 'i1 . ' F future , require lowering to enable the construction of spur trackage ="'"qp ' s 'M* on the easement area , the City agrees to lower the sewer line to the ,. ,"' extent necessary to enable the construction of spur trackage . x t ear fi Should it be necessary to out and remove any brush, trees, at other tttatter or materials from the easement y -ys„ area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the '$ y;"' City shall leave the easement area in a neat and workm: niia° condition. The City agrees that Jo connection -F ;Nth its use of the perpetual easement area and in inspecting, repai ntg, mamtaining, or replacing anal sewer t,at, , , Imq the City wilt leave the prehuses in a neat and wort:manlike condittou and us nearly in the pre.ex;stmg state , 'L as practicable ? f'',' The grantors do hereby warrant that they are the owners m lee simple and hove the right to grant the �' , } above described casements. /��rr �--'77Qq a. Wanes: our hands and seals tins_4 _i_day of ./ i t . 6.5 , v / y , .x'- (Seal ) s I---. e l��t d(t4 r . r ? ," — Pi'ecT.`WFielrl-s - -- -(sEAfa _ g / �. rfl (sEnLl '. e. ,.� �� P � : - 1 �i f4/se I . Seal) ^-^ - ' __ H w „ammo Pie. _ _(SEAL) r ,!! .- . f .... ._a.. / _ ..(SEAL) a i - - uy 144 444t:ff __Thy C, JOIKTSOt'I ��)) 7/ (� r^" r. ,. L tiM.-Settr.`_(SEAL) JC . P ' a . f i$1 ` C.-' •(SE4 sC�E`,, LaUra C. Johs n , Aity ?.n fact 'Q�' w'(,�'°`^r`e �'' �'^"+'�'4" ' . ..., 4,,,r., _'.��" Fora consideration, the mortgage lien an the above described properties is hereby made subordinate to the iM1tX.riS h. casements above granted, ? . Dated this_ _ _day of_ _ _- _, 19- __, f" ' t SPECIAL NOTE : . - ~ Arthur G . Ames 5: Elsie N . Ames are = V �py r s t _ . �J 7 rt5 _ . l is fp".f H y1 $� f1 ns i 176 •. L ^I 1' ' .� !e ILA 3•„LL .fi:. FORM NO 29 -u ACKNOWLEDGMENT - . "ww^, ; •, .1 STATE OF OREbe, [on ,T.. ,a NV LAW . o .e,�,r „>. o... , ' "ds' - ” County Of t 5 .._. ._... . .. . - ;,, EF. IT REMEMBERED, That on this 17th __ . day ot. November ''. before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within n named .T._DL._Tuve and..T..H._l'uve , tS...attaura}.la..£ac.t..n ox.,56xhexine..A__Tuee., .aud..,deesCCte Sulmonetti and Alfred T . Sulmonetcix Laura C. Johnson , _as attorney in fact for Rees C . *• Johnson, an�' ..Eis�.e W . Ames ll'.. .1 known tel ne 't9 ..e phe.identieal individuals described in and who executed the within instrument and I aoknowf4Ld'gei1 to ,o..-.1-443.L1 {+o'thr(6';thy , executed the same freely and voluntarily. .a•u • n• , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed fr., : <: t to NYrnY official se. fie In and year 1 abopA written. MY Commission Notary csublic�r Ore •on. f s 3 Jul 19 , 1969 rc., --. I_ . ' . STATE OF OREGON, 1, FORM NO. ¢s — AC oNOWLEDGMENT • � ae. ( ;I . County of t!a pil:LY1�t L ��Ip -3I BE IT REMEMBERED, That on this (rr 1 day of December 19 65 t ; ,e: L'•:' • before n+ez the undersigned, a Notary Public in and for said County and State, personalty appeared the within i 0~. nar:,ed ...-._: P ' ' ARTHUR,..G,....A1 ES I ' "rA Wiz- .. .., r Yl ., . , ,, ..;q `k • D. a n, kn wn Wile `t3 be the identical individual... .. described in and who executed the within instrument and i :acZun4ledged topic that .ile .. executed the same freely and voluntarily. J: ', C 'U as IN TESTIMONY W -ROE, I have hereunto set my hand and affixed my off cial ,veal the day and year last above written. w •P Notary Public for Oregon. �'. Y ! rye r My Commission expires 2.1716R • :n . ( i Cc CI • ',;I STATE OF OREGON, POEM NO. as — ec OwLEC MEN LAY/ ,, co T v.. r (' ,t ,' w;. County of Bashing ton f:';�? -1 ( in:-,i m - ' DE IT REbEMBERED, That on rids._ .._ 6,t<iz day of . December IY5 ”I before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within „ 'r� named " 3.TLLIii P3 ,:U?ivH R• tl • -a �I I dtnown •fss ree tp he the rdentic.1 individual described in and who executed the within instrument and ^r'ciI �ncicrowlebgzd to•n a that .+ '1G executed the some freely and voluntarily. �� G '` IN TESTIMONY WHEREOF, 7 have hereunto set my hand and affixed It'r� i is • ' ,i a icier seal the day and year last above written. //////��tt s ..t I i (• r t Commission licZfgr7lJrPd{on. .... ._�.. .... / I (-�` rt i 1 b / 'fit t . S r t r L r *r! 3 3f1e3 ry g^n2 eS eVer' °'Ls%II` �R-brr 4 .c t'a " r t , t i J E , ‘,17,11 I t cicLC I £w r 4 O t ! I y ; , 'r C I ,‘ f ▪ A A ` i a' 21 nyrv,. i r i Ir 3is c x � +af3r4 ,3" Ca ,Y^ a -'ti [ "a t ,k,∎ w '{ -k/at�,. T'▪ 7 c '`7`-�tz 6 a r » 3 ea +s 'Nn r ' " li Y f a t 4 r r 4 ' x d 34 ri,:S w .:» (4.3ti li M" . she I {t� ✓ i5 d$0 5v' N `.,r,,. r t4 ! `. 6 i :c t.. 5 V 1n Np .., 3f + tr s : i a,..1 w 7:„.2, teJ 5 h $r ` 3L .{ ✓(Y" "P' I t t kL r s a }� et e r r r� - ' r ,• w' � E .x kt a r yaz... x,' >rµ -�,,es t �'., a 3v n., , n ..,.,fir.,. t . .. w. . . ?r .^ . ,:,,:t i ,..,.r...i;'> tk- . . . . wi . . ta% Ta vra` Ltta' _nr_.,y.., F t"v e' y"raaz bs-d mrsa.,. 71r1 1 itll yr -.SS ivck' rs. k' ) �Y--� � - ..-.... .am- r:is--t"x. _ ` `_ y_. mod' r r P. -+' ':5�r-0 sv.- ` vg,,,_- pi tpv41- .a %t`.,rr 'tz" 'crs d 1 " - 1 F ' ,.,�-r+- s t "wtaG� n ww�Y"`Aa«17'$ ry-r4 +f * 'Eden t � Behr ae w '�.°R k x 4 'N. $ rU een`trP^4f s x �e -middratMZ md'7 rmie�.�.`T- n,W—f S M t �' `'..,.. 't"^„4 Ssz:,� dC 'x r ro ",4.- h:i ' ta,,.1,7 "'4•x v? a rn;#' i -7wk'k+�o-.-aa arras = '"'P e. ,3-«. raF� .lea .. *,;ei5 �h „w �s, A ,1 � rr 's i #13.. , . . .• e#rsy �Aki,,?rr) v 1 ( + 7r A i, , r I.I *. r:t7.,ralr 44 , �3' -/,,x,�, _ u � , f,�, i s F +,fpdw' r . 14*g d,egg,- '�yS nor. Pte iy�,e e y ,f /d ` , r'!s"9.s� .t A p s t r r i a 1) 1 b )`,i\ t '4,4 t-% ,;{jt ,d w1; alto k7 dye' - p d r q d32w zi,1041.2 '1.. F 1+' , 1 ._ t { r v J airm .,,A, f i oia , 5nn'a r rc - sae; x'NSe, -.-9rr- -le rs.- "' " w f is ( f ( f a rkgxi h, ' d", f •rar t.002 1' "` . w� r+ us. + v o-fa i.+' LL ^r ca, ,,-v; 7 1t'dJ: -/ oaken 'a ( 1 i r. Y £y t ENOW ALt HEN BY THESE PRESENTS That T• H. TtPt A KATHERINE A. ME, husband 6 wife + td...t ivn.lad ALPAED 1 507,MONETTI 6 JEANETTE $IfL'3bNETTn , husband 6 wife , ART EE G. Alas 6 ELSIE W. MSS 4/#47•:" . r a ' : husband b wife REES C. JOHNSON? FRED W. _FYELDS 6' SB7.A.h'NE FIELDS , husband & wife 3 arch , rte rafter ailed "the Greater:" whether ono or an than one) for and In moddendon of the payment of the sum of Ten d ,..,.. .}1v 'and no/Itattas Donate (MOO), the rectiee of which ft hereby acknowledged, do hereby Hunt ail and coevez •to J L • i y4"v m---n',p Portland General Electric Company, an Oregon Corporation. hereinafter called the Granup 14 etc ason and madder t i a'4"` +NA el"a's Y, 5�3.a 4x . �T, `b, - perpetual easement over, under, apon and avow the following described pveet n! tsad elevated W.. Waahington �� Ng „ a County, State of Oregon, being u strip of lend—a.t.x_.(G)_..ftet to wlldth;atending. tit ran (31feet on etch elfin o9 a center _r "":z'G- line more partimiarly described es follows - c " :m i 7 t' h{`r. S„ Beginning at a point on the south line of Oregon Electric Railway Company; right a ;say lee s.:.(- f in Section 1, T. 2S . , R. 1W. , W. M. , said point' bcing S '41°"44 E 400 feet and SI 41° b fed.ak33f.a, f ' 35 E. 52.0 feet from the northwest carrier of that certain . tract of land described in ■ inns. ' t?F lcinr ' Booik' 315, Page 388, running thence S . 2A° 25 ' W. 40 feet t 1' ' ` Intl a � If this anchor should interfere with future road ... r railroad spur tracks ; Portland }r,° �y General Electric Company will relocate said anchor upon 60 days written notice from C- yt Iaa'anad-rt " w" a the Grantor. .ydk rIC ti •g ad - i }"1,11 , kaltSvAt ffi }`T�e f Said easement shall b f r the perpetual right to '11 maintain, eti d and tenet a chor and, guy woe. over, 1 l q E444/ fi 9tY.+kdliya k and pe+ acrd acre the above described land of the Grantoeo to support v po " lvanemis i n h e etrn urn yola ylt l\ P .• 1"5^ C7 no Grantors h by acknowledge that the purchase price named r h accepted'h tic Gr tune ba f ll adM -}-"e �. ' ;j it, w b ltit d0 stun f all r across the incidental d tG the tam of said/easement, namely for say— and aneho �'eata, - v , adv'J u6 c n +'"n 4Y/4 ' you d crow she fend of W Grantors. (4 s 204 [[;� yyv'fn? - t {P 6 � i' 'p• s 5 IF the Cayes a and trigns :Fall fill p nee svd =mama f ier,t purpose above t mtit, di f a rn ''. a f ,gin period ofd l air catatonia=4h of add puce alma f ll n then t Mat cant, dun ' , - n L it - hall t e and ti ragas d yriv}taea gn Slanted be d hdt rem rt t trE G via the4 h and ,ga e d b Wi k d n 'x'4 T Graatore hereby warrant they p u d f marketable title to the p operty y n n5 y�cu. ra4 N right b gr r Lr fiG 't*'w' fu k F : af' Tb G morn f them dyes me os a hens l p and y.en covenant to d with the Grantor., t° m e, . en d amigos.? Y and/} a diet the Grantee, ta e o and memos ahall peaceably enjoy the nghU d pnvikgec her tpmated - An �N ? �t .t.gfil • .., •, ., .- IN WITNESS WHEREOF the G tun have end this easement to ho executed is Sth d4 - ,1 Z•^ t?'a 1 - a April 1971 oo '"�. u4t ( halt . ytt' ✓✓+'.-ffa - (SEAL) ;,f,/ ,-]:FU`s-. L - �vx�-L o ae;Eaya, nptyFde,}N w: +F �� // ✓. r „ " ( E61 ) 1 • . e t04 (10 sP.nte : S a o , A lia! t -e:J .In_.2 .�,L OM Orr*A lea ' i , r (z`t �';s`E. ,r# r _ tsBAW j ie4 4i ! a iA r«. t .: :-t': -1?, (SEAL) 1 v_ f a1.t._yy..4. f i L) � ,.. tyaeaia;. t' lit- !,,-, /. .. 5R ) t r .v. s"Y"ix4 m∎'' r,Y s STATE OF OEEGON !r L 4114Wa " "�?a County t : � Muitntweh _ ( if sy yzr ex t pa tbb 8th day ' 'April 14 71 be[ore ma, the urd ,n u� '�!' 9`5' 1 arlguW Notary in man far aa)dia?' l°yir ;x 4. T M TAmes dElsie W. A. s, Rees.Alf ed T son-3 ettA 6 z '''.:* ° Cnmq sad'$hh ram.oily ayDrared rPt S - Seanattal SU7moaatti AO2 ]P.- - - men 8 Elsie W, ' Ames C dahneon"Feed W -'ot" „� .t 24.6 >?y ,Ein ar "4'Fi°sn PicFflu . - : 1 ... 9ra 40:- . l:FS ! ia'easama n tv62tkpa ledl-+id tuna bed In en•foregoing ti Uavne d who toted the foregoing fa rrnnatim - nC Dwkb�ed Oat they aaawad the cum freely lend vii tartly . ' " - i t 4 '1 $t`9j�j a`5'y'} 4 .NY90.FRECI i,kno Smecnto let y band cud e5xed y notarial J this, the dry d year lo ' . x-s rC4.44t444rameai fiartthitt +. . \ :. ¢iT.$IC 4 1 l.t ' s-. .Y0..)1ev'b t N'Col ''t .a „ `" a ^'°i i. aa$t Li iC ( Ne pv cfor Oregon `v rk J.19., l - .� 11 R 147 ,F7 'P °emnJa famnent__B:s& y-- tee„ ,d • �Fn - e7 E �° & _ _. fl- . ! 1'HO ..j inra�m-w n.w. u„°�.+-- n _ tt1 'F+ ^ Brim ` Pn(T ou a - t y�r„e.c`e+�vac5v<'>✓.e.., *Y-k2S.t 4 ..s . • t- _ . m—`6:mstR . ».-yf-aa—ak:e'�" .b9 7 , U /. � rasa er -. 4,•44 so gq ti. ab i_ 9t :a M+'AS4. ^a/.W a vN .y'tv.u' _: e3vT - n e�94 .aF. . .".A ;443.3. g , - °'e " • ki-. .c; arwP, , 2' " *A r.. a4.�"v ' -. . sins "awn«' - :ak,Fa�a"a�-G�_siE9� `i'. . 1 ; e 1 X 526 cc - 2 5 "p� r r gyy}�,,,;��,,. .41::::?...,-,,e, BGWRR EA9Ed+mvT ayK¢r �,. ..?.+ 1 , XNOW ALL Nll*1i BY 'THESE PREZ: 12S, THATP •W• ann&R.Susanne Pields • nio TAM• Tuve -- z • i �. , , et.e1. 12289 S.W. Main Street, Tigard, Oregon 97223 jSq tzt ipl „":e:- VA i i • A 'learn in consideration of tho sum of Two Thousand Nino Fhmdred Fn .. - a • • ir---dallara 1 r,° s •:..;•w sa li "Ia°sd w; tr * * t and other good and valuable oeneideration to them paid by the Unified Sewerage Agenoy or t • ' r- 1*(t'', 4, °c Washington County, a municipal oorporation and oounty aervioe district of the State of . st'T• 2{r ,A " *• �,w , Oregon, hereinafter referred to es Agenoy, the receipt whereof is hereby Acknowledged, e �5t t v4 g does hereby grant unto the Agenoy, its eucoessors and assigns, the right to lay dorm; '. ..' . ^ y 1� -4 • contract and perpetually maintain a' sower through, under and along S : f { Ma ;: in jR.ci A pram NE? EAoEMEMf •. '' 'AMwF�' M� % �y A portion of that tract of land in Seotion , l, Township 2 South, Range 1 West oftfr'`"si + irtrx the Willamette Meridian, Washington County, Oregon, conveyed to Paul A° and Tillie w,l„P Lx 3n „ty. i ,. Zurohor an Traot 1, described and recorded in Hook 315, Page 388, Deed Records of e ; y 1 s said Washington County, more particularly described in two parcels as follows, „ � �"s�£i;. c tit gto. '.4 fi Parcel •1 m ,,m `T��`q. Yx '- ', A strip of land 30 feet wide, 15 feet either side of the following • xY ylk+'Ts'yea • 4 '`,' ' described centerline. tat N; �'2"i ,• ,f ye-, tti & e -,r } : t + +': Beginning at a point on the North 11ne of that certain trait of land con alb Y.tw'H .„I ti s'r.eYy veyod to L. R. and Fay Davis ae described and recorded in Book 395, Page '=id31.4, _ �`, fi k, .6 267, Deed Records, eAid point being 132 feet, more or less, Easterly of s "';' ' 4"2^ : the Northwest corner of said Davie tract, said Northwest corner alai being �' A 2� uP., ' the re-entrant corner of the N.W. Graham D.L.C. No. 39; 7 �" �. ,ZMZ.4,.' Thence: North 42° OS' 49 ' West 84.84 feet, more or lees; 7 • e 'r Thence: North 1° 56' 56" East 569:61 feet; r�'y1 .,+ "A e; 1 Y Thence: North 23° 21 ' 49" West 200 feet, more or leas, to a point on - *3,,,,MW &i:; r y4K • the Westerly boundary of said Zurcher tract, said point being'813 foot, 6itteit qtr }, jl,x more •or lean, Northerly of aforementioned Northwest comer of the Davis y" 'z�i� �.31,0,1 4 ,r : tract. y �4∎66'n n 3a. _ �r'tAR v. y Bpi .64.44164..6.,• V ?areal 2 S A ri'Pt 2,. yet A strip of land 30 feet wide, 15 foot either side of the following •• M 140:,2'i',a ~T "rl e +, ; described centerline. WpytS Aru' rcr yY ';'";;VV“,),k , Beginning at a square iron at the Northeast 'corner of "Edgewood," a they ,. , P :� : x � .. . recorded subdivision in Washington County, Oregon; xl { ' t4y1:06. " Thence , Westerly along the North line of said Subdivision 92 feet, ; t : iItt ,1 more or lees, to the true point of beginning of the heroin described f u• s 4��Y �, centerline; a u MT + 4.. 1, r ?, Thane: North 23° 21' 49" West 137 feat, more or 1eea, to a Point A I'� t Lta iy on the Moot Westerly boundary of the aforementioned Zuroher t aot, eaid tm ti r ,,,•10. V.g point being 122 feet, more or lees, Northerly of a corner of that certain r • .4 o t . treat of land conveyed to Martin L. and Alma E. Prather as described',and .> , t s4ry �.. y* ., recorded in Book 585, . Page 290, Deed Records of said Washington County, ' kHt t` , J` , said traot also known as Tax Lot, 500 on Washington County Assessor' s Map J fi YxciM s i vrk s 4.. 29 1 2 DA, - r�r '� ` iAk. ,k , As an inei ant to the use and enjoyment of tho aboverdoso ;bed PER3AN= ■ X 14 ;fo, i e EASEMENT, and as ,a .part of the consideration for payment, OY :,lhe above stated sum, the 1, r1 rr t`-.4 , , AGENCY, ,its su000ssore and assign;, is hereby granted a e r°RARY a la , iaentioal .ry er .5 v,4e„ t t 1,}• ?' 7 ' , in centerline looation to the above described' PERMANENT EASEMENT, being 100 feet wide, . t 1 *rt . 50 foot either aide of said centerline, where feasible, said TE:^1'ORARY EASEMENT to ' > y �- + ;•,"p f ac be automatically extinguished upon completion of laying down and oonetruotion of a ' 'ri y>" t �N SOrs _ cower througn, . under and along the above described PER+4ANEtvT EASEMENT. 4 .621 ;_ °' • a. I w � io r- o-P�'} cy .., r n fj Y 4 r ! o 4o;,..,-....,:,,c..4 :k ' \y " . BOON • Jbll PAOF y -r . 4 y{,Id3 rir1f5.1MrirM°faY4u.[1' un} „ j • ' 1'' 1.2: t `*:.' r 4 4 `- s"JP J n , , o-t, � �.. � " . : - II . 4 1 . .._ tTx.1'. 1 2 1 x*i 'is,"' i r r I' { °ear y't9k5A ) }, ^Wt LFt .: 'tiff ! :r a i - d 526 3 " r Tt is understood and agreed ,that no structure shall be emoted upon said ,-• l'u- N �Ye n `', easement by the grantors without the written consent of the Board of County Commissioners I ,r" ;FS} tt,, ytim5. TiliciaiM+ l of Washington County, 49 the governing body of the Agency. L dk � s� ''474(01'S-'4.;. '4.1a�014; trr ;. 4, This instrument does not grant Cr °envoy to the Agency any right or title to �rr f . mire- }. the surface of the soil along the mute of said sower exeept for the purpose of laying 1 '»A 4,* tSh .4v.trai down, inspecting, motoring and raplaeing the sewer line. ✓e � alI Y ; t us4 "7N WITNESS WIMREOF, the grantors Fit{, and H. Suzanne Fields '°ln T.M. Tout, J v1 ,:rG ,xr' ar 4± et.al. .A'. '". x,vq, _,a, + rh3 �� ItW"' 3N , ivy• it[;' ' above named, has hereunto sat their hand and seal this 4th 4 .Li®y of l i 1 ix tt y{4: vkS ,ilt:` " A.D. , 19 72. ply A..%ri�;° !', If i'. raw )xiy3. r'J"i5 APPROVED ti5u a- : �. 1 fMiNY x\ h7a a + 1 GENERAL MANAGER, Unified Sewerage ; 1e C41svr h y LF�y , � . 1 tPV Y4'1A� 1 41 to La•, '. • Aga m ' 0YW°Bhi{x County. ` 5 try L " L .. % p Y' 1� (• ii) iiW'� 4J% 'l j.- ' , y 5 ' . ni 1.• i.,;:ytviS APPROVED AS TO FM - `t 4' n ' Washington County Counsel (SEAL)✓ II vL +4 4' 4F, �,;.•a 1'tlx5 f 3„ 5 By �iLt) �, �.4 • ' (SEAL) '` t ,� ""�Ah` 1 ' a: 1 _ STATE OF. OREGON ) r(-.� A � ' '• up ;'-'1Yi Si. �..•f'r :+ _ ) es \X. '� GV,r. Lit Tx (S2AL) • I - i vV °a',:•v4 rkiH: ' `County OOlgehington) •' rb 3 :Oria•f°. )‘4•41.1,117 • g4F ?$ r3, 4 t�+• BE. 11`. D, that on this 4th ! day of April' - '“IA.1),,„. 1t ) yy, tka vfi u 1+ 1 x ,41 ify.,% • '19 72 , before me, the undersigned, a notary publio in and for the said County and • i g v`a ,e,u tai : t: Sts+wy' personally appeared the within named P. H. Fields end R. Susanne Fields r < 14' �f•• y3s'sf .- 1 �: V §j r"4 ” • at f •It t L. �Jlis a„ fl . ` to !mown to be the identical individual described in and.who mawoutod 'the ithin ,_ 4� tpe r .-[, r , i•porgy` �rL4r�� Arz 3 fYi& 1 'inetnmant, add acknowledged to me that they executed the same freely and arolurtarily �k 'V#`VURb• ij^{< for,the nose and purposes therein expressed. .. • r N 3 w4 444" ° IN T ,- • _ 'p,R'Y WA ^OF, 1 have hereunto aet'my hand and afPixad t , n4' easl , iRy ,rt�t 1t r`t f this the Bay and ysmr last' oboes written. r. 1 �„� . • S 3 • t_ "Y , L 4 ry'Public for Ore ` .ii t"K,x' }� • My CommiBeicn, 0 re 20 72 ;?' r34tA .1 7 .0 m t t s*: f•, P . i• + S } +Ga'4r• 4 r • x. r 24414' .'i,.., i .. B1Cn 920 PAGE 39 ;.61 m3vv In . IL - _ �r w 44a _rv.•r• hl•r ---- — �Ar » . a)m° 't 44:,,;:, I , p5tSN .V.wtlm + a Ft ✓ � ,: f . . - 4';:a al4 a . t . . Sri : {{{jjj to L ' y4 1f.T( ! ' ;I r Ab G. y y, 1 w../ '. •,,�'�W , I The foregoing Paramnent Easement is granted subject to scab and all of the "I lb.•mis . ,,,n U. following terms and conditions) 1�, t -� :, '�'; "� , .. t ter rt ' . , , rf1 t. t ti g. a. The Agency shall require its agents, officers and contractors �w ti 5 , t i f "+°' to keep and maintain during the period of connbructicn such r . '14, } r`f' F�S4A`: fencing ancloavres ae now exist on the premixes to preclude }}}yyyy��t��j '1 ��1,1 ' <r ��z�. 'Bill , °neaps of Grantors' livestoek, or to take other suitable mane $ ,,+'i-y+' ( a Sri to exclude Grantors ' livestock from the easement area during F` ' '�nr' 1s ` the period of construction. 'y l� �` +�� `! ''' ' ' -• b. In the enerciee of the rights hereby granted, the Agency shall �i vo scpo •require ite officers, agents and contractors upon completion 'rf n i_A '%J ` + of the work to re-seed the excavated area and take reasonable k " "+"hr '` oVicie:, steps to assure the restoration of the excavated areas as Bend• i u re a�N w 1 !1';'''‘V4'• bed for such growth. t • d4ii �'`rb4"-'txf,:n• # * C. Upon completion of the work, both the perpetual and temporary fyy€r i °f"`' s � It'z, {; easement areas shall be left in n neat and workmanlike condition, fv^ z � e,{ u .*y '` 7i i free of all loose materials including brush, trees and debris ;bro ' �., sk Ri *' which shall be disposed of off the remises by the A one or y'^. 'max xtn tea, a {, A P Y S Y "y r . ' trr fr.l �,a , its contractors . + Ia4V .e a I 4. The Agency further agrees that in connection with its uaa oe '' b'"` t`"ley :14. �° 5`:n the permanent easement areas and in inspecting, repairing, . y. t'lf`z� 8 v.. F +b° ' maintaining and replacing said °ewer line, the Agency Will r � :i .i'' �'. x`-. k+ ' likewise leave the premixes in a neat and workmanlikkc condition g `f� zMt-� `1n t� �° and as nearly in the pre-existing state as practicable. v's +p TP(," ,.,,,,,,o4.• 3'(. ; r( .a; , q n a. Upon completion of the construction of the sewer line within the ' r iS",o..,1"+ :F r permanent easement areas , the Agency shall cause the excavation 1�a" Y.tn "' �' to be refilled and the topsoil replaced as nearly as practicable II ' , s `f* r� ;k c. ryt " at the aurface 'and shall cause the name to be settled and compacted' 1.',` 1+ ^' y 'a +� nra k�l>h ^ 'Sy use of a recognized medium and the Agency shall, during , the %"; '+'£t 1iYrv:f*a. , period of normal settlement of the soil within the excavation. JF ' *� 'Sat cause the said trench to be refilled as necessary to re-caeablieh ,t,; , t{ , r" w+h, 'S. x.47 " the pre-existing surface contour, prier'.CO saedtug as hereinabevs a' `.ae,,, i ayr�d+. over the sewer line eaenr depth onot exceeding�2$feetomcaeured *?'�B` k trf t.n4“ from the top of the sewer pipe, if such action be neceoeaty in om-pti.o-+' ti°' , rO.Mm: connection'with the future development of the. property for lawful t, t o }�2 Ir'1ot purposes. ; ,t f tys � �u'p, .• Pf rd f x] fe.P , l s%j fc Grantor' shall have the right to connect the subject'property to r z 4t,+° as ;.1. ?X/ma f " the completed � sewer following payment of the connection and l: "�(,F rc,f `w 4£''f+ ,a': y, . inspection charges applicable to the development of the property, .�"xan` '`y'5 ,;- A, 8, Grantor reserves the right to pave overt, along and/or across ui4i3'1 a ,� j y' A the easement area, and to utilise the easement eras for road / +�'14� '�lln ,.e . or street purposes it desired, r .t xtSIFG �tti j WOW' Tr,., he No major trese will be removed from the grantors property, ne.•^,>' t to �t5 °m ee of P 3; w itv ywomr: of land 8ifestion each nside ofithetesaemantte sat sr line,it, r &AZ. sz. 5r"^rte 1 �r t' Ifi; r�'rs - t t .„rnV ■ 7.# ; . ine v . . .n,2r Oct: n P YFL, HN M1 Y 4 • 111 .•I se L t 9 \ , s.' T BOLL 920 MALI 40 r F� : ; . L �� ... 'R '9i+ P"r . c .r * r, Irt u ;■ei +A4 t _ t is‘• \ 'r -4 ...4`4‘e1b11.t rata kl'"44�, a. , • • c. xs >t fir. 326 y a .z.- `, r 1 w rl _ q W+? IN WITNESS WHEREOF, the gntt*. or. aorov yDC. r tau YL $ eYS DA K4, i4,e ' q. • i 3 44 e t '1 ' r Y a S f JT Yl'is Ps+� ✓ ,PS 4L •C,uX,I ..f.ii above named , has hereunto set their hand and Beal this /,f_ day of y4,'1r,� s .(„, e v l' bi 1 +F'e \(. Y „ 1 A.D. , 19 7 - IF L"' Et ,: :t ter ,Fx - • fry APPROVED A +•->V^,. -0a :fi l a• x. i; ).114t,;44,::.4:-.P,4 r4s 'fnGENERAL MANAGER, Unified Sewerage kr +• z a t f . • y a Agency of Washington County. $+p + ; rtt,•, ti y BY (SEAL} ? 0.71:,,,r;13:14, rr( rr',ty`}v,s�. ppr"y✓ APPROVED AS TO FORM (SEAL} 1 , ��yyy ((rJJ � a' —.4.1,0,,,,, U ),� IiIIIt; Washington County Counsel I/ .. -, ..-4744 „.en,. (SEAL) ,yn p' .�" ' !. S"Yifn , N y�5 .40 tTh t+ x{ By r • 2 .v F. A.A,V qiU Bl ) Rny : .. i t STATE OP OREGON ) s late."�a rp,-V-: W I) ) as :M 'Erl )i County o£ Washingtan ) r `'i rC_,,4, 4, v:- '• I t 1 BE IT REMEMBERED, That on this / '7tAday of S,.D A.D. �ohg [-:s' • ES 19 1p-: before me , the undersigned, a notary public in and for the said County and :,(4, an r'o / 2 1.1 - •t' ia State , peraonally appeared the within tamed Aiwa e" c - , 4k .c vv '.B..arq tC'• rY 4M f rfilt • bk.. ■ -3 r 'c∎l GSi +tt''' to me known to be the identical individual described in and who executed the within ' '`g f,' ` k1 ,, ri ,Y,151, instrument , and acknowledged to me that they executed ,the same freely and vnl.inta ily j"?s :14, }bkrs -1 4as ` .,4 t for, the uses and purposes therein expreased. i Nlsr•IN,'N.s ' IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed my notarial seal 4)At 1"r xir�v 4 W. Lt ni thin the•dar7 and year last above written. 1 +lf"Tkit-B ' < Y /�/ �' ,D (//j/ le.,.„ 'a^ ' st ii/ :/friet7I i' . ' &n.. ,psi" r �vx1A-„C,Yn % F Notary Public for Oregon - '" n. -9:4,p,,, ,....,,,,,: .i ro : i Y,..:4.e.,—.....:,,r...,,..7.-' ipl s„ty rY r E\ CA : ' t< . 11Y Commission expires' ` „` GE yr s, ,i ',Mg Pe: X11 4 v tt� I p 41 ftE,N `r1 %a ¢, BDW 9220 Pdcc 41 1K t'ys rryc 1. . y. . r <, t P �! 1F' _ _ rry J 'l ,. [ 4S , S a _ -n - ( 3�--,..__ - -0 tl ., ..„ 4 , 1+-x' tt ,_4L L F e : r ,+. . a?` .„•r 'l'k .x c 1° • r,rc,,:' _ ,.,•( 11 r ,.,.1a >�¢rcet;otix+.^u+ . ` fr'�ti°x^p k' t 51t}. 526 �4g ,d^.. ,e4s J ,( e yaftai v u II�N WITNESS WHEREOF, the gsanterrr OPoI u �i_4 U )G�,seit 1.S®W�S . e"r 1 ° r *0:6 . 19p P7jV e ( r Ytyy,e % l- E/SIP.. U/ 14-Ls try X'a 45.1!! S uM , ■i +w�-�+ 99k .. 1X•, ,1 . _ Lark h. .i .' above named , has hereunto net their hand and seal this day of - s , _ -"P : F.,....:... Ir, A.D. , 29 '�S :Vs+ g JaJr ♦ '%i{x - i• ' V ' APPROVED �' " i+ a., .4:4•‘..:44`^" GENERAL MANAGER, Unified Sewerage � ttEl1."fatF}' )0u' rt , urra qw - Agency of Washington County . S y,'n¢, u ii 4.174t. /� 1r x,eI 1 i , By t4� J� 'L!/e pi (SEAL) �a s�yr r+,S.u; APPROVED AS TO FORM r "/F ' L'�v o (SEA) ;: '"F 1. r• . ' I Washington County Counsel (SEAL) ' �x 0s' ,. 1 1 r "x 7 BY i � a)t+ u rr Pxt e F nYw.', Sk `ywbf4ba Fy et4F y?Tfj + b< litga >If p �STATE OF OREGON -:). 1) ss ) Q4 rErxr, ! t1{ '+:∎1 County of Washington ) <.• r Q N I ± 7+ .'nnrfzi M1Se'2 ( , BE IT REMhiffiERED, That on this .21/ day of ( ( _4e4 A D is xr d9,, ` t 19�,�, before ae , the undersigned, a notary public in and for the said County and kt ji # k! td,r yi'• 4 State , personalty appeared the within nested �Y B'AJr . ,C, �42BG' ` y�^ k `ti Sgi t 4+ , x ( h q nt . ./... `s' Yf nor y, { 6• "IrrAV1 ` xc4,1F1 r�-1.. '4f ti yo rho i r �, to Mme known to be the identical individual described in and who executed the .within ) f, p .t -F>s [ % ;. ids, SNr ; instrument andacknowiedged pro me that they eaeuted the acme freely and voluntarily, i . ,yp7�"q! �, +a .yr s `.+ x , . ' 7` for- ehe uses sn'd purpobea therein expressed. . _. -r �} ittt IN TESTIMONY WHEREOF , I:have hereunto set my hand and affixed my notarial seal (Yb 4v " _ y` tx -a this the day and' year That above written. k• `lam '1, T H r.,ry y'. . forca, e / �/6e«^'O r 4 a• 'f r "-.ry' ii ubiic, for=Oregon rr.,) //t yr A a .. liRr' syC,( 1 kr r j li �? (r . ' My CWlmiae on aspires et?. ? _ .� a,,'ti2 i ` ri■ . x �St 1.11 1 Sys J yr ir. .R , to '4 - r - t- ` r a xf n k 4WdF 'i/lp.M. r ( , fftt'''t j1 L ." -':e'.-� _ s . , n a e" k. - . r 1 l ' 4 9yy 8004 0GO PLC 4 2 v .Wo r w 1) l: L fi5Y lC .r 1 YR^'p. .i , Y. �;�T mw,alryCeyl.r. '1 � z q : - t pa . y i.q,:k}3-oL u e.. iq 4 ) �iy / PR,i 114i:. a . . .+, . ry lf : < rrr .r. .r�ti 'J?tt vG ',P + k ,.rlYe;i,{ F ,. 1. , f�vA( {� +�{ t y"-':i' 1('. a v . . .. . a y t 1r ' !�S"i5( Ij 526 to 9 '4 �ris, j. IN WITNESS WHEREOF, p i 1 r• A pxY ` N t Y 7 , als 1U ✓ e .c- bYsevrha. % . 7uve :-.:.:1-: _ tkkttg #Y «e• 9'.e 2 .. r ,If xl p�• ,;,,, : - above named, has hereunto set their hand and seat this �e day of9.e�2.c,, _ '� 'tel x. row . : A.D. 19 73' . � / $y a`3 A ' • . • (f x$''. r _ APPROVED ," ,t'3ut"" . , y• '+,�4x1 GENERAL MANAGER, Unified Sewerage - .: *Olt* x• rnInto a■S C) at ,rS T w •', At xr44; ) tigF Agency of Washington County . / a `ty"x psl4 .nN • By _ : 4J 1a, , (SEAL) .r ''4fxr. + ITN4s rot 67- ---.. (i lf ^im`> . i .1=g%s : , APPROVED AS TO FORM I. ...i J . . , - . . / _ •'- ' (SEAL) ; 'ie fi3 F • 7 yF Washington County Counsel —. . (SEAL) " �3if4.S .'1 S.16r ay:ft L ,a i a. , `(4 x STATE OF OREGON ) �, ' «,'y y• ,t$ • � ot ) as r ': '�rl � ^Zy5'C'M +• �'? County of ) - S e l enCer MuttnOmah l V, h r . , A,, , . ? " ,- BE IT REMEMBERED, That on this 6th' day of 'February - A.D : � y r - : xr _ 'SIir av Aive '.1 +,, 19 79 , before roe , the undersigned, a notary public in end for the aaid County and - iC �y ✓ cvJi v i iF' c u +u�o "'• ,y`ai"e' o State , personally appeared the within named T. M. TIM:" and Katherine A; Dave 1 ' r .,, y.; l ? � 1 ' Yid; 51'14 ,', h ylY Y l . 1 Cr l<"1S • d A r.1 to me known co be the identical individual described in and who executeti ' .he within ` ,,. 1- a c E174-;.',"'., ' instrument , and acknowledged to me that they executed the same freely and voluntarily yid ( s.-i`%fr✓'el I r}r 9 0 for the uses and purposes therein expressed. L1 Aroi.reCnotrrron' a. ,.y• c-k are yy, IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed my notarial seal - + u nrs i.k aJ this the day and year last. above written. 'p- 'k• H- - r-e S YPa .44 1 y -.L✓ - i ) -1-1-1"19,',..4.-;.44. ,U" , .• U0 Notary Public for reg ' F I 7 k}7 � ■ My Commission expires May 18, 1973 ,,v ry ktty 'u .e.', 1,4,-7-5-20.1.1; - .: rl f i I ' • n- r r ' 1i1e1 x1r ct " BOUI; 920 PAGE 4J i - Sc ' ) :+ t � , x s ss - = 5Y fd ++ul • I. . ' 11 : " r a !• (t s a'e ga h :x : � rA event, l a. y r ,rti r?k err , s.,aR , .1)444/,t, . W�3, . ,_ S'k '" '[ 9s t 's 3f; •F S . IN WITNESS WHEREOF , the gassers CEtt4 at-Y' uYch c €+'S 4t- ;lt+y { ', a . a '/ Q�j '/ n,�.. ! 44i.-' .. ` i e , 4,o pt7w l`'• �PH110114 . z. �,Ty tsr;h`�" ;OVAu above named , has hereunto set thew hand and seal this 18th . day of Sept. I, e 't∎i .• A.D. , 1.9 71, t a 11..4xC1 $ b1F ', i V a .c APPROVED � "4 a , ; r ,dr ry GENERAL MANAGER, Unified Seweragei "rS{` r ° :a ABen of W88 o County � ifi'i,�o ,�ak . },i�• 1. By ey t-..f.)in 1 r ;J`-' ._ i•:'. ' o � .uvc �r..1'y . (SEAL) lbgiy-h r "?;. ' J�1; APPROVED AS TO FORM 1.2.1‘.". ..1. . Q oimi -ti, (SEAL) fg �„. w Y ; ( y ' Y u• � i i .. "- a nh Washin County Counsel . (SEAL) ▪ r is a . r i BY �Gn a , / p Y . .120 Y .s fy4 r, ' j$4e a' tl d P ' , 7 ) ,i w : V04044.441.140.444444704- STATE OF OREGON ) M, t se as . s, t• 1 a ;,u County o :r . , . ) r a d: �•044.'V• .S , ' BE iT REMEMBERED, That on this 18th day at Sea}emHe P�f2'' D , � vE^`'° '< � i>;,i�kr,'. 19 72 , before me, the undersigned , a notary public in and for the said County and a3� t''} ., ;� F.-.4r •r ' State , personally appeared the within named . Alfred T. Stinnett and 1 ,}a♦E''s f..1 , .4;•44.x.^P' C. Jeanette Sul$onetti we'd • '? e �..� J . r _ s tome known to be the identical' individual described in and who executed the. vithen , ■ 9,„,a � . y, a ,,a. r , xfa ,, 'Ft cytd 1. •ry 1.i ' instrument , and acknowledged to me that they executed the same Freely and_voluncariiy LF 1 3 'ts+ r.'ii'' 1u % r 0:: 'W for the uses and purposes therein expressed. - _ ' '. *l I t' . . i 4 f '� IN TESTIMONY WHEREOF , r have hereunto sat my hand and affixed my notarial seal a, } f 7t ? 0-4144440,44 t �t ° this the day and year last above written. d 2e C4Ldt W : '` - 1a No tary Public for Oregon( 7' , My Comm ission expires 2 �; 1 d ui \ J4 mot. ' ul K,, uK r J . T I.Y 1 f . t� C AvS1 -t 4144.44;t400'. y m 444 . : ' ( . , t : ra r z'r` 1 EI20 44 it {�...-m- �l , �,y 44 4 µ m 1 } t � 3 c .d (� ° Sri, r 7 dg . • Jx �; 4 i I N �14. V 7 ' -4; 11 /451 - ^i + . rJ , r ip ro k, I IY 1N� 1 e r° ,q, r id}'ftg )tR}:s;'FA rl a gifr£ Ixl nd,5f NFtf .il :=a4 t,.a, { ,j c i2 r ; s I t r a 1 ult i4 : kr r fqs� �, 'te-4 .wy' F41. "it'' 1 7 . k'' r.'b�Rl +}x .'.,y r .• ';. i�4�l f f , �,,✓ r IV f . { v7Yfyi � � > 5( fin- " • M1 r t � .< .. , f�t��ltyy}�'�r •' ,. ■1 IN A :$. 1 k1 526 l' ` , RR ).. ai } uc ;tell/0.: . , xf {7x §r s '7`�+e �uAr •: , . " N,V .000-1 a ow.t'ciy''{r'Nr" l.. 4`, ., 41.7„, 5 4 • r• a ! % vrn : >"r"shc. - . -Reg; _ 2. 6 L a. —, .„4.3 at�.( f ' Co- ,. 4 r ^x* r T'Frt ,r , : 4rT-'F7t . - # x ' „ .. . , Ten. poraay 6oacmcnt Y rt tt.FW.i f bMnOncn $_.e of flh07t - - ,a i' "x {Krx 3 aN 'v aw frL eir� . qI1W 4r td l,✓}I 4'x d■ t4 t ! ' t � � i 1kf " taiitix R " * i4,�, " tit. t :y sy: �AAM1 1200 4,10;SAAgi� JiIF , � .b �� I✓) bS t,, IfA �S if� r2 k t(,r _ t. d ti '. n o� p 4 y 4',. ... : _ rP � -.:;: F (}',"`fa �I. y r tt t {y" uZ•44"4.71,•••4°41:414444�,- S : .1 11.-34•44� nz• Up t, f � .u`Z_ _. .. _ , g far t fi 4' S _ `r TV• 4:144;15‘1 I ss Q° t f ��`c�.l� a•�Yz y .i d STATE OF OREGON , N in t !^t..f5' County of W th nuton Ya ,1- R t .5;, • I. Rooer)tic�wen•,Oircctor of Ro' Ob . ` ' = t iy-" y • F '}'"- eed Ekeibni and G-0ffleb Rocmder of ' J vv/an.as fs sold co ntv ds hanky certify s5 L• I tc• ^as•;'. ', thao , t5 ,MFihi • ,lmtrun“ of.." ltlig was r! { .ir; l�r" V h rexiveeffetd oectx6'tt ln book of records 7t r• rf t . '3 el wid.Countyvv- - ,:,;..1 ., ,� r !��a �fel' r • !NO 4 44 t r Wit en my frond and smi>qff xed 1 m., ,}r` At fft' I, a 'j RCGER •T$OTASSEN Urector of g r iA '" a t f ' ' „ �� , 1 ,. B00X 020 PACE Y5 ° 'q: Oes ty ,1t A' e 3 zsPH '13 , ,rn . • pea II , .� 1 , , r ¢ �.i rrRx. - t r• t zr,w5, t 4'47.3 „nt svtf J e yk„p& i 1VVi r rt is ' 941' sir tN u .1 )."/ t"1 t • {• fF rc,.f�, . 0 St, t,Y t;101419.40. 0, re � "1-.4,4x,it �� A5 u • u ' . S.;co' lF . .F �,t �' L r ti., . ,• • .( a it r 10" Li * 'W 4m C4r re ;.el n m 1 s;'c }: 3 7 hR K �: c ,'v 4:10 t2'y1��s w 1 � `1"; �-� losat 7 �., >'. . .C.-.7'i.. rc 2 t , ° Y "i r �. ��.. sue/ ry yyyy■) ;;P41 W!".n r Rrf4 o§t ' �trc It —41,4 L �t ('f o Ifs x-'F a 'Y1 AAA` p..VRIB... } it f Z' r ! I r ` .r.. - --._._-...__.____ -...__._ ._.. . ..._- — — — a _ - -.-- _ _ -- - — , STATE OF OREGON County of Washington SS 4 deny j : I of Mama- . +. : County Ciefk for % n'tA'r3 '• that and red : I..•y `,..f '41 mad county * 3K CS. 11°4 4/ F? :.tea :. . . .: at . y : '&O' itnso ; ••hector of rt .,.4: ' 6Ynt =- antan. Fx- Doc : 95003861 = Rect : 136814 23 . 00 01 / 18 /1995 09 ; 49 : 36AM I i • • i I 1 A 1 - - -- e r__ tr L.,r." n,_'1:• : • • ® ' i / _ if 4 N ) '. .? • I SK ! A 41 Vi1l1▪' (� Yt r : L .Ji' {{. y- n. wrs+�w ..f - ra. _ - ^J'uld4'ri i .-e- eti, u.h L v; • - J ... ■ _.._e �y'.,i;Y'4 ., C. _ _ - dick-- • `a at:,e.,.- _ ' d a ..:'1 t '-4913. __ .. ! - r, } �P�w tl'C1SS.Sh'J.iw:... ------- _ era•pf*p G!isi7�llif•:-;1'I:�;tyhtlfdW'.R^tii;'kj IC4`,';uji 'l'7�'w� 114 ii°,1f:layer;'i''rl� Z'..ti .,1:61.aTtta lgeird� =j'r . — _- -_ - _ -•-'Sy ri fr!.L•T� 4 1 y , NrIN■t ! N i r t 1 f lrt G', ).« _ _ - - . u_n'1111:q f '+ Lk'r I y SYir+GA-1 -- v�' 1 al ..a - —_ — __ _ • After Recording Return Copy or accorded Document to: i 2 • City Recorder • City or Tigard — J 13233 SW Nat) Blvd. • Tigard, OR 97223 CORPORATION Ale No. EASEMENT I .. PERMANENT SANITARY SEWER F.W.F, Investment Campanv, hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of art underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, treys, and other obstructions on the parcel of land described in Exhibit "B" situated in the City of Tigard, Washington County, State of Oregon. _ THE TRUE CONSIDERATION for this conveyance is S 4000. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. _ I:S an IT IS EXPRESSLY UNDERSTOOD that this casement does not convey any right, tide, or interest except those expressly ,,,yt stated in this casement, nor otherwise prevent Grantors from the full use and dominion thereover, provided, however, that J such use shall not interfere with the uses and purposes of the intent of the casement IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said ' casement to be vacated the rights of the. Grantee in the above-described easement will be forfeited and shall immediately . . '- j;,1) revert to the Grantors, their successors and assigns in the case of such event. k 1 TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. / IN v •NESS • •,sF, I • . . set my Ken this /0 day of, r l9 91 __ Name of Corporation Signature et A / Tide ip ! • /a ♦ : - Signature ` r LL■■ ! I ft STATE OF OREGON ) Title I ip ) ss. County of Washington ) pt *n c2 -kC This inswmcnt was acknowledged before rat on _ i 1 h 0 t--1. (date) by t-v'E U� • H1 (name(s) of person(s)) as aez S t 614,"—t.i (type of authority, e.g., officer, trustee, etc.) I- of C -e_ iin aro kget. nom) tw i nil n•e- • (name of party on behalf of whom instrument was executed). A 'PLO F ..Tr. �tvvc.-. C'tr . O `� 1 C_� oracrA.t.reAL 6L%1.0-QA 11 . f—t/� _, t - -� TA.:.L F fl jcK Notary's $ignaiurc -- Co•:-.>::?„):N NO e.IIa1 My Commission Expires: t t 1 L(q� . ._ AtY CO 1::!$$pa LO.fl_. JA N. 12 1737 Accepted on behalf of the City of Tigard this / 7 day of .fie/N+Rpy ■ 19 9C . aa �.."/”. , Ir41.$5i s: - City Engineer ii !m MA= IN TAX =WENT ty 6 - _ c '7 :/ Cif■ " z '` p.,, st.... f '3 :; . :. ¢ ,,.i��"vtf Ist,-iCr° rv' s bi -Al. }i,...4 _ ti• - ''''' -." tlt"a uASIC-'1' s tl�"L ♦ v •^� ■�d1114#4 '1.!. ..`r-,R'> ` .." .-f1 x41131:3- `1'Yrd tF",t,..r r, a4L� +. � , eve 1 t>4'S'',Ne ke I . $ - - ii.:varbe@®-a;OillYnl Ali ® raL® B @iiiiIk ,`aiiA ®. a icon ale ® Ili Ilk ® m ® w, rf +L as — — '\ k �. .ua -�.f' • .. :. '6':"C.�. 1--flYtinl-bAiw�s. a_ - a "y TAU . >. R : tab ,4I • j'r .6 .r.t �w t-C..�W„•Si ,uSi...[n.Cdln .ey..r .. EXHIBIT MAP A PORTION OF W.W. GRAHAM D.LC, N0. 39, T 2 S, R 1 W, W.M., �\ CITY OF TIGARD WASHINGTON COUNTY, OREGON S43. 44' E 31.18 POINT OF BEGINNING r r COA^, G� N O SANITARY SEWER S 4861$' W 8.25 �'�� EASEMENT ��•� SCALE : 1` = 50' m a ,opO tt p ry O e 3 w t- \ Z CO L:14.-73 ,' sarzaoswe.2» PARCEL VII (FEE NO. 86050410) PREPARED BY: COMS•iOCK NORTHWEST, INC. a, 2450 S.E. BELMO�IT STREET �f PORTLAND, OREGON 97214 ['a (503) 234.8112 1 eaaaaatemeefeeataainamesepewaaane • of 444 r r -L--r'•�®°^�'�_'��._-- "mY8®l A'i B, LS la s'® SA`® ®. rim Si'b :=a - nwxAwMS.Til kCTie RCdWt'.771,..� .... .,._ _..._ _ _ _ �cs W wk3+' EGVTTGWIPA19fe WiCN.Y^,.n`Md"-M Y�k'X!74.:r..r"f �',`- �eenee _ _ __ _ •ile'n :A �_ `� . II'e�3tw'rrL'.rY;i¢z:_Y..�.r- --- a_.w -u_.-.._ f :r,.. ,.p :.. .° __ _ _ _ _ —___-_ _ — .,u...�me••o�yTiS±TM-__ _ -' -" ,':'"i6"d:.n..,�r .--- ____ a.m.d�3± R J ��""� -.._.- »- ..r wui.�nuay.. LQRyMi�.AI �.x'I�.*+..., - _ w:s F �:e ,w..v...iv . ... • Co STOCK • ggITIWKIT, �u LAND SURVEYING 6 CERTIFIED WATER RIGHTS ter May 7, 1993 Sanitary Sewer Easement Description FWF Investment Co. - WCTM 2S1 1 TL 1200 Project No. 93-029 I A tract of land located in the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon being more particularly described as follows: i F Beginning at the most northerly corner of Parcel VII as conveyed to FWF hwestment -, Company by deed recorded as Fee No. 86050410 in Ws hinyrnn County Deed Records (said point of beginning being on the southerly line of that certain tract of land conveyed to the Oregon Electric Railway Company by deed recorded in Book 83, at Page 163 of said County': Deed Record:0; thence South 43°44' East on the northerly line of said Parcel VII, 31.18 fxt; thence South 46°16' Wcat, 6.29 feet; thence South 6°54' 56" West, 254.14 feet; thence South 61° 28' t 09" West, 8.29 feet to the west lint of said Parcel VII; thence North 4° 13' East, 283.89 feet to the Point of Beginning. Contains 3645 square feet, more or lesE. - - C '- REGISTERED PROFESSIONAL LAND SURVEYOR • OREGON war 'ci,O JON 7. Ft,IG - `® 42252 IZENF?uAL Dfrre 12-31-93 (503) 234.811: • 2450 5.E. Belmont St. • Portland, Oregon 97214 °' t;a _ . � x � � . -- - - --- STATE OF OREGON 1 .;1 r+*?i�l �" County of Washington } SS .Vi '"1 „r<na .a , . to 1, Jerry nxauengorr.ddErx.o of Count- c; .. g:_ . ca Cienk Ior and eTed co My1 d �ty ce county t ' • 'i s.y tho withinInalrement 0f wd ng whdrtecetved ... - and recorded .in 'bobk''bT tado40a=0f said r "w` ', -, s county,. . . _ %'T ' t4tr dewy f .Naneoa Director of ,.84' -4i. - .Aaaeeamont and taxation, Ex- . h• •�. , Officio County Oterk ;"`> " . — _ 1, �•' 1y'4..I�� Doc 95049211 �•J''� _ - Inv 5615 38 . 00 {3i�"e 'r . 67 / 18 / 1995 09 : 02 : 17M ' } ' -"' 3,'` 1 . z , —_ ∎ilia ,,:f., .y„= ;` „ i • k ; •1 1 ) a . 222i ; 41 I j t} : tat, - .. — _ _..._— . ti 'IY 4 d , Jj - I , _ e _ y 1 „ 1 114 ^ , _ ta�giisIf"- %%it* t�'lArtayit..i arSa Cj+i t� 'L+u� , rF,,Iii\r _ ll + t4 ' J'r+8 :'�d�N4'1•i ,g''' i7`ir.._.._ �_.� i -. IJ . ... . .r' �. . MTV t ;Jr.�..i'� '•� � r.t:t..._tr43tnW.1- ' t„', �f}� _ * A► • 5 � � Project McDonald Trunk Seder 4083 i a. 717.e , Legal No . f i , Legal Description 2S1 1 1200 - ` (� ' Linear Feet 99. 4I v CORPORATE SEWER EASEMENT ;a .;" '% Name of GRANTOR( s ) : FWF Investment Co . , Inc . Address : _ 7930 SW Hunziker Road , Portland , Oregon 97223 An Oregon Corporation, GRANTOR , owner of the property described herein , does hereby grant , convey and warrant unto the Unified Sewerage Agency of Washington County , GRANTEE , the right to lay down , construct and perpetually maintain a sewer (or sewers) , through , under and along the property described on Exhibit "A" attached hereto and by .iibi this reference incorporated herein. This grant of easement shall run with the land and . ® 1 shall be binding upon and shall inure to the benefit of the parties hereto , their heirs , successors , and assigns . This grant is made upon the conditions attached ?s hereto , marked Exhibit "B" and by this reference incorporated herein. This grant is II made subject to no other conditions . Anv temporary easement granted hereby is automatically extinguished upon acceptance of the completed sewer in the adjacent permanent easement. No structure shall be erected upon said easement without the written consent of the GRANTEE . The consideration for this grant is $200 . 00 . APPROVED IN WITNESS WHEREOF , the GRANTOR named above has her Ito set his hand and �{�;kBY _ �,, ,A 4ew rag seat this /94 day of rtle GEN AL MANAGER , Unified ewerage A, D . , 19 Agency of Washington County , Oregon By FWF Investment Co. , Inc. _ APPROVED BY ✓' i/ 71 L , • By . 9i/Li . . ? D n& / Gr ERAL COUNSEL, U ' le.+/ Sewerage Title �,Lyt-244 E Agency of Washington County, Oregon NOTARIZE DOCUMENT BELOW STATE OF OREGON ) County of Washington 5 . On this // day of L ,- ,,c_e _ , 19 9_STbefore me, personally appeared F.J . /=7e.4L5 known to me to be the President , and known to me to be the Secretary , of the corporation above-described , and also known to me to be the person/people who executed it on behalf of said corporation , and she/he or they acknowledged to me that such corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors . / .c - ' "'yam — ' o ary Public f• Or: . on My commission expires /t / - / -7_9( OFFICIALSEAL 4.7" FRANCESLSTEWART RETURN 10 : UNIFIED SEWERAGE AGENCY ) NOTARYPUBLIC.OREGON MAIL STOP #10 COMMISSION NO 020056 I MY COMMISSION EXPIRES NOV. 17, 1996 - I - __ r _ ; . ca", -ry McDonald Trunk Sewer '-``- = 15-Foot Wide Permanent Sanitary Sewer Easement .fax Lot 1200, 2S 1 14°-"` F. W. F. Investment Co. by Coe Manufacturing Co. }t : ,. 609 Bank Street `I'""` in P.O. Box 520 `r" ; Painsville, OH 44077 Project No. 424-08A-93 ® February 10, 1994 Exhibit "A" Page 1 PERMANENT EASEMENT DESCRIPTION tr. A tract of land situated in the SW 1/4 of Section 1, T.2S., R.1W., Willamette Meridian, °Ls Washington County, Oregon, also being a portion of Parcel VII of that tract of land conveyed to F. W. F. Investment Co., by Bargain and Sale Deed recorded Oct. 30, 1986 in ;�. Fee No. 86050410, Washington County Deed Records, being more particularly described as follows: Commencing at the northeast corner of Lot 2, Edgewood, a duly recorded subdivision, said point also being the northeast corner of Parcel VIII of said Fee No. 86050410; thence along the east line of Parcel VIII of said Fee No. 86050410, South 02°45'42" West, 30.00 feet to the southeast corner thereof and the northeast corner of that tract of land as conveyed to Denell D. and Carol M. Zander, et ux, by warranty deed recorded May 22, 1974 in Book 976 at Page 360, Washington County Deed Records; thence along the east Iine of said Zander tract South 02°45'42" West, 19.69 feet to the True I Point of Beginning; thence South 89°08'46' East, 99.36 feet; thence, parallel with the east line of said Zander tract, South 02°45'42" West, 15.01 feet; thence, North 89°08'46" West, 99.36 feet to the east Iine of said Zander tract; 1 ,;1 thence, along the east line of said Zander tract, North 02°45'42" East, 15.01 feet to the Point of Beginning; The area of permanent easement is 1,490 square feet. .,""", • • • •Westlake Consultants, Inc. 734e1 SW flunziker, Suite 204, 7Pgmr4 OR 97223 6844652 far: 624-0157 , {' hi'`'t.■ ,.l w r /Mgk McDonald Trunk Sewer RE� 60-Foot Wide Temporary gn.: ) 'V Sanitary Sewer Easement t;. d Tax Lot 1200, 2S 1 I in.,: F. W. F. Investment Co. r. 0.e;- by Coe Manufacturing Co. 1: .11- 609 Bank Sweet .—=;V °O P.O. Box 520 • Painsvi'lle, OH 44077 2,. Project No. 424-08493 F , February 4, 1994 .. "-1a i ; ® :„ Exhibit "A" Page 2 TEMPORARY EASEMENT DESCRIPTION � e. > A tract of land situated in the SW 1/4 of Section 1, T.2S., R.IW., Willamette Meridian, %:.;, " Washington County, Oregon, also being a portion of Parcel VII of that tract of land — conveyed to F. W. F. Investment Co., by Bargain and Sale Deed recorded Oct. 30, 1986 in [. - Fee No, 86050410, Washington County Deed Records, being more particularly described as : ''1 _ —° follows: e Commencing at the northeast corner of Lot 2, Edgewood, a duly recorded subdivision, said point also being the northeast corner of Parcel VIII of said Fee No. $6050410; Ithence along the east line of Parcel VIII of said Fee No. 86050410, South 02°45'42" West, 30.00 feet to the southeast corner thereof and the northeast corner of that tract of land as i conveyed to Denell D. and Carol M. Zander, et mc, by warranty deed recorded May 22, 1974 in Book 976 at Page 360, Washington County Deed Records, and the True Point of ® Beginning; WM ®' thence along an easterly extension of the north line of said Zander tract, South 88°42'18" East, 119.35 feet; thence parallel with the east line of said Zander tract, South 02°45'42" East, 60.02 feet; ® thence parallel and 60.00 feet southerly of the above described extension, North 88°42'18" West, 119.35 feet to the east line of said Zander tract; thence along the east line of said Zander tract, North 02°45'42" East, 60.02 feet to the Point __ of Beginning; ® The area of temporary easement is 5,671 square feet, which does not include the area of permanent easement as set forth in Exhibit W , Page 1 Permanent Easement description. I420411M M MI h A we we I 1 Westlake Consultants, Inc. 7340 SW Huruiker, Suite 204, rtgan4' OR 97223 i 684-0652 fax 624-0157 - r'C.'=A ...........,s 1 t I PW :.Vi'?"S'_l, .0.:?^n_�'St,'n.,,,,,..n.. '..*V.e .— .. ., .. ., ,. _, ... _ _ _ ...."' 'w."•. .,y.'�'%""x '. ' °..� �' ^ ,r:^mss. ,,c,.' ' 19( cn y:- 1- �, Y 506'04.50'24?" ,I ° u:r+. .O U . 1 ,...1.... 0 I- - ` "N, ` p l i ° f 502'45'42"W cosD El O Z F ,' ~ '�� 0 d ti r • o 10 el m m Si P a rg 03 to b p :a 0 r d l : :. ' • d 502'45'42-W CO �O Y I � ,®al • 19.60' .,.. I IN i - I ,,' _ 95.01 1 ... . 60.02'._ ttO2'45'42`E o I c1) N ' f Ct BK. 976 PG, 360 u I OENELL 0. ZANDER & I CAROL M. ZANDER ETUX W I 0 F- I co z d z c> z I... SCALE : 1 .1 d 401 i°n a I z z z w O II ASS I W ... mN (} • z I W W 1Q� '/"�" C ° ZVLL L" W IT om, N !! Ill CC ° } = w /�.i n v> I Lit 6. 4: 1 Z Oct l! CV V � c I I dpi, hw N . N O - I I a 1 CO N ' to 0. 4 ® I 0 !U ® w 1 I / • (� W SAS $ LAKE SANITARY PUMP STATION EXHIBIT "A"—PAGE 3 i GONsEll 2s tMC. TRUNK SEWER PROJECT TAX LOT NO.: 1200 „ UNIFIED SEWERAGE AGENCY 1 DATE: 2-4-94 Lir OF WASHINGTON COUNTY MAP NO.: 2S 1 1 DRAWN BY: DDL CHECKED BY: LM 5 I : I ' in j- I I. - - ° I , i en • - . ' '` 1'4 ' EXHIBIT "B" E �(, lig "k' a EASEMENT CONDITIONS ;' p ,; is td S.. X.''1..*,': 1. The Contractor shall confine his construction operations to within the easement limits or 4 : makespecial arrangements with the property owners if additional area or access is •required. The Contractor will be required to furnish the Agency with written Menses !• 'tr"ti ` from property owners where side agreements or special casements have been made by the ;', {'1 I Contractor. • " }ti'. N. -t,': 2. During the time that the work is in progress, the Contractor shall make every effort to i. , , ..$}:, maintain the site in a neat and orderly condition. All refuse. broken pipe, excess fill 1 ' 1 ` ;;' material, cribbing, eta., shall be removed as soon as practicable. Should the work not be :t:; a- 1' maintained in satisfactory condition, the Agency may cause the work to stop until the 4 ,. rY S Y Y p ., i-.': i- cleanup portion of the work has been done to the satisfaction of the owner and/or the e Agency. Unusual conditions and special situations may cause final cleanup and E restoration to be delayed until the final stages of construction. t 3. The term "Structure" in this easement document shall mean Al permanent type building , 1 structures, bridges, retaining walls or other appurtenances requiring a Washington • 11 ' County building permit. Structures does not include such facilities as paved or concrete , tt i streets or walkways, No structures shall be erected upon a permanent easement without 1 the written consent of the Grantee. F i ' I 1 R2/95:ctp • 1 1.49 •, i mca N'wenuv.m..+ns.'au.al.nrexp n.v . ...n c, .. .. . ,I - _.. . - - .. . ._ - -• •- r n ... . ._. u4t: •..ca e.u. . .�....• t u - , � ' . : f E 1 ' lJT,. i ? 1 iy - Washington County, Oregon 2006-020491 02/22000611 :41 :51 AM D•E Crrt=1 6tna13 I CASTILLO 560.00 $8.00 $11.00 - Total a $57,00 AFTER RECORDING, RETURN TO: IIJIIllll II1I 1IJJUII491008008II III III p c of Assessment and Taxation . and Ea-Officio County Cten for Washington County, y` P. f Oregon, do hereby certify that the wahln Instrument of } w ,e writing was received and recorded In the book of City of Tigard records of said county. Vr ' •. � � Attn: City Recorder Jerry R. Henson, Director sment and 'Nation, ++9• C✓ 13125 SW Hall Boulevard Ex-Officio County Cleric Tigard, OR 97223 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is made and entered into the I 1 day of . { vtr { , 2006, between THE CITY OF TIGARD, an Oregon municipal corporation (" antor") and FRED W. FIELDS ("Grantee "); WITNESSETH WHEREAS , Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A'I , attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B " attached hereto and incorporated herein by reference (the "Grantee Property" ); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW, THEREFORE, the parties hereto agree as follows: 1 . Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the pm-poses of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "Cr' attached hereto and incorporated herein (the "Easement Area"). 2. Grantor' s Right To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3 . Grantee' s Rights. Grantee, and Grantee 's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. Page I - Grant of Easement -- --- -- - - - 4. Grantee ' s Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee 's construction, repair and replacement of improvements to be located in the Easement Area. 5 . Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall also replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee' s, and Grantee ' s employees' , contractors ' , agents' and invitees' , negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor' s expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Fasement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50' ) of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor' s obligation to grant an easement to Grantee as described in the License Agreement. Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8 . Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee 's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor' s Warranty. Grantor, its heirs, successors and assigns, covenants that Page 2 - Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein . 10. Time. TIME IS OF THE ESSENCE of this Easement. 11 . Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, Y.E. 1 149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13 . Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel. 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party' s right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 - Grant of Easement waiver of the provision itself or any other provision. 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: The City of Tigard, an Oregon municisal corporation By: Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of &Aslt 0, 10 rl ) 7`t 1 This instrument was acknowledged before me on this /77 day of , 2006, by P'-r✓d f`✓. Hats-- ' 11.^Q� l^w"�i.11TLw'�11�.""� �ls% OFFICIAL SEAL ?) NOTARY P yC for Oregon 1� ^ y NOTARY EPUBLIC OREGON O COMMISSION NO. 373021 � MY COMMISSION EXPIRES SEPT. 25, 2007 0 �^`l"'`1-tea^..- - ..'tT".'�^.'�'t-�v State of Oregon ) County of I(I ,5k IiJi in'0 ) This instrument was acknowledged before me on this 2-t0 day of cJ fi'N 04 fej , 2006, by t6 . La , NEWI ON A-55I ST/t&7 0 m Gmi MfFMA & 5,C e I OFFICIAL SEAL •t< iT RY PU : IC for Oregon c J BENGTSON i 6 NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 Page 4 - Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51 ' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1 , a distance of 861 .59 feet to the easterly right-of-way of SW Hall Blvd. ; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1 ; thence S 87° 39' 50" E, along said south line, a distance of 846.57 feet to the east line of said Lot 1 ; thence N 02° 51 ' 59" E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 - Grant of Easement EXHIBIT"B" Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows : Beginning at the Re-entrant Corner on the south line of the W. W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51 ' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1 , a distance of 150. 10 feet; thence leaving said north line N 05° 47' 30" E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16 ' 12" E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12" E , along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41 " W, along said south line, a distance of 1349.24 feet to the point of beginning Page 6 - Grant of Easement Exhibit "C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows : Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27" E, along said south line, a distance of 291 . 15 feet; thence N 75° 44' 01 " E a distance of 47.7 ] feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 113 .89) and a length of 114. 16 feet; thence N 62° 04" 44" E a distance of 472 .50 feet to the east line of Lot 1 Edgewood; thence N 02° 52' 19" E, along said east line, a distance of 43.09 feet to a 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1 ; thence N 87° 40' 14" W, along the northerly line of said Lot 1 , a distance of 45 .63 feet; thence S 62° 04' 44" W a distance of 455 . 14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 99.62) and a length of 99.86 feet; thence S 14° 15 ' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7 - Grant of Easement Exhibit "C" Drawing Showing Easement Area I � M SW HALL BLVD COOL =00000 0 00000 00000 0000 OO000 000oc0 I !111117 S.- Page 8 - Grant of Easement w G National Title Insurance company a Wiltiwuan 1'1=MA iituup a mp.r y Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 22, 2012 FIRST SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1 W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: added sales price WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne @wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 13, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. Page 5 of 7 OR Supplemental Report Order No. 12003172 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88°43' West 1349.96 feet (not South 89°23' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke @wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 WFG National Title Insurance Company A 1lfilliwan.FirIAMEAN group coin any Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 28, 2012 SECOND SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property Address: 2S1W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Added Memo of Option Agreement and changed vestee to reflect trustees name. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne @wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 19, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.0 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded • April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From • the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects • Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated • June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 16. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 17. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88°43' West 1349.96 feet (not South 89°23' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke @wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 WFG National.Title Insurance Company a Williston Financial Group comp y Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1 W01 -1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne @wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on July 11, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From ▪ Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded ▪ December 8, 1975 Book ▪ 580 Page ▪ 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded ▪ September 16, 1971 Book ▪ 835 Page ▪ 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book ▪ 920 Page 38 Affects ▪ a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. ▪ 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. ▪ 95049211 Affects ▪ A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded ▪ February 22, 2006 Recording No. ▪ 2006-020491 Affects ▪ Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated ▪ June 20, 2012 Between ▪ William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded ▪ June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18. 2012-2013 taxes, a lien not yet payable. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. • R456081 Levy Code • 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41°35' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88°43' West 1349.96 feet (not South 89°23' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke @wfgnationaltitle.com Page 7 of 7 9 OR Supplemental Report Order No. 12003172 SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date:June 21, 2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporation From funds deposited herein at the specific request and direction of the undersigned,Escrow is instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are authorized to invest into an interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No. 12003172. All interest received from said investment shall be credited to the account of Metro, an Oregon Municipal Corporation, and IRS Form 1099 may be filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. • The undersigned acknowledges that the interest rate and performance of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks associated with the investment. Escrow Is hereby held harmless and free from liability regarding the performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this if` day day of June, 2012. Fre Fields i Trust By: William R.Ta myer Its: Trustee BUYER: Executed this day of June, 2012. Metro, an Oregon Municipal Corporation By: Its: RECEIVED THIS '•Y OF June, 2012 WFG National Ti surance Company • By: - Trevor Cheyne OR Escrow Instructions-Int.Beating Acct. • SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division . 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date: June 21, 2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporation From funds deposited herein at the specific request and direction of the undersigned,Escrow is instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are authorized to invest into an interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No. 12003172. All interest received from said investment shall be credited to the account of Metro, an Oregon Municipal Corporation, and IRS Form 1099 may be filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. - The undersigned acknowledges that the interest rate and performance•of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks .. associated with the investment. Escrow Is hereby held harmless and free from liability regarding the performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this day of June, 2012. • Fred Fields Living Trust By: William R.Tagmyer Its: Trustee BUYER: Executed this day of June, 2012. •. n OregMunici.. orporation y:---- Donald R. Cok j J . nn Its: 4CGOL•rill I. Drheld qh Ll OM 4e-1" • RECEIVED THIS DAY OF June, 2012 WFG National Title I urance Company By: Tr- o f eyne • OR Escrow Instructions-Int.Bearing Acct. • Form W-9 Request for Taxpayer Give Form to the (Rev.January 2011) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Metro Business name/disregarded entity name,if different from above a) m N o Check appropriate box for federal tax c o classification(required): p Individual/sole proprietor ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate CD c a O ▪ ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)• Exempt payee o M M c c a o 51 Other(see instructions)• municipal corporation != Address(number,street,and apt.or suite no.) Requester's name and address(optional) 0 n 600 NE Grand Avenue N a) City,state,and ZIP code a) cnn Portland OR 97232 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other — - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 9 3 - 0 6 3 6 3 1 1 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of person / J I lG K� / Here U.S.person► � Date• �p A7j//Z� 'IG'1"0 A'CGOU.'Y{'A ` ( v General Instructions n�, `.J Note.If a requester gives you a form other than Form W-9 to request amp( D c. /" your TIN,you must use the requester's form if It is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: •A person who is required to file an information return with the IRS must individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.1-2011) 600 NE Grand Ave www oregonmetro.gov Portland, OR 97232-2736 503- 797-1792 fax Karen M. Storm Senior Paralegal (503) 797-1557 karen.starin@oregonmetro goy r J metro Office o f Metro Attorney June 22, 2012 Trevor Cheyne WFG National Title Insurance Company 1211 SW Fifth Avenue, Suite 2130 Portland, OR 97204 Re: Fields Trust to Metro; Metro File No. 16. 009 No Site Address, Tigard, OR 97223 2S t W01 01200, Washington County Title Order No. 12003172 Dear Trevor: Metro has entered into an Agreement of Purchase and Sale with William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust, for the property described in the above-captioned title report. The parties wish WFG National Title Insurance Company to act as Escrow Agent in this matte . Closing is scheduled for on or before September 18, 2012. On June 21 , 2012 I emailed to you a pdf copy of the executed Agreement of Purchase and Sale. I enclose herein a signed and notarized Memorandum of Option , Metro's W-9 and the title company's interest bearing account escrow instructions, executed by Metro. On June 28, 2012 Metro will wire into your escrow account funds in the amount of $50, 000 (earnest money). Please take the following actions: 1 . Set up an escrow account and deposit the $50,000 earnest money in a federally insured interest bearing account; 2. Record the Memorandum of Option in Washington County, Oregon Deed Records; 3. Charge Metro the recording fee to be debited against Metro at the time of closing; and 4 . Update the title report showing said recording and forward copies of the updated report to me and to Seller and his attorney at the address listed on page 9 of the Agreement. If you have any questions , please call me at (503) 797-1557. Thank you for your assistance. We look forward to working with you on this transaction . Sincerely, /6 � -- Karen M. Starin Senior Paralegal cc: Ashley H . McCarron ; Barbara Edwardson William R. Tagmyer/Richard Canaday I Washington County, Oregon 2012 -052747 06/28/2012 03 : 43 : 23 PM D-O Cnt= 1 Stn =7 K GRUNEWALD y4k $15.00 $5.00 $11 .00 $15.00 - Total =$46.00 01721189201200527470030036 I, Richard Hobernicht, Director of Assessment and .,az•7m4 , Taxation and Ex-Officio County Clerk for Washington n ' County, Oregon, do hereby certify that the within Instrument of writing was received a d recorded in the "' „„ „ book of records of said coin ,,, "66'4 •4,,w-, AFTER RECORDING, RETURN TO : Richard Hobernlcht, Director of Assessment and <,�gYyt Taxation, Ex-Officio County Clerk Metro Office of Metro Attorney 600 NE Grand Avenue Portland, OR 97232-2736 Tax Statements : No change requested MEMORANDUM OF OPTION U This is a memorandum of that certain Purchase and Sale Agreement entered into by and between William R. Tagmyer, trustee of the Fred W . Fields Revocable Living Trust ("Seller"), and Metro, an rt Oregon municipal corporation ("Purchaser"), which agreement is dated effective 'Tun e lot / o12, [dated to be filled in by Metro] . M Pursuant to the referenced agreement, Seller has agreed to sell to Purchaser Seller' s interest in 0 that certain real property located in the City of Tigard, County of Washington, State of Oregon, 0 4 commonly known as Tax Parcel 1200 (R0456081 ) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and more particularly described on the attached Exhibit A. The true consideration for this conveyance is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($ 5 , 150,000). C LL This memorandum has been executed, acknowledged, and recorded solely for the purpose of providing notice of the agreement and shall not be construed as a conveyance of the property referenced above. If any inconsistency or conflict arises between the provisions of this memorandum and the agreement, the terms of the agreement shall control . c IN WITNESS WHEREOF, the parties have caused this memorandum to be executed as of the ° date set forth above . rn c ° Purchaser: Seller: U -0 N METRO CO as E 64) U o By. 4,11,/ 4 z Name : 119 At 1` h TT 19e h n t 11- William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust Title : C tiie � Operah•n / OrikG D Date : Date : as, 1 - Memorandum — Fred W. Fields Revocable Living Trust • State of OREGON County of Mcinet This instrument was acknowledged before me on CU new I q , 2012, by William R. Tagmyer, trustee of the Fred W . Fields Revocable Living Trust. ) O FFICIAL SEAL )N4.2dowein Public - State of Oregon ') ;. HELENOBENLPsIACNJRcd.KER '�1 ) `�`�`, r, y NOTARY P OREGON O 1/ ` COMMISS . 428848/J MY COMMISSION EXPLY ,5, 2012 State of OREGON County of MULTNOMAH This instrument was acknowledged before me on ++ J A • 0 , 2012, by Martha T Benne" asCkief Opercvfrnq 0 , ctr of Metro. An S o OFFICIAL SEAL. Notary Public - State • Oregon / ; �r KAREN M STARIN o M M h S c o h 4 S 1 5 W 9 , ` �COTMMMIS ON NO. 451519 C t � IJo. J OREGON MY COMMISSION EXPIRES SEPTEMBER 2014 Eyp ' tef Spt . 29 , 2oly 2- Memorandum — Fred W. Fields Revocable Living Trust S . I Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W .W. Graham Donation Land Claim No . 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1 °27' East 1020 . 7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151 . 1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G . Hunziker by Deed as recorded January 30, 1912 in Book 90 , page 271 ; thence North 4° 13 ' East along the property line 597 . 1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83 , page 163 ; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41 °35 ' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737 . 57 feet to an iron pipe on the South line of the said W .W . Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1 , Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43 ' West 1349 . 96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1 , Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491 , described as follows : Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows : Commencing at the 5/8 " iron rod with yellow plastic cap marked DEHAAS & ASSOC . INC . set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1 , EDGEWOOD as shown on Survey No . 29031 of the Washington County Survey Records; thence South 8727' East, along said South line, a distance of 291 . 15 feet; thence North 75°44'01 " East a distance of 47 . 71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479 .00 feet, a central angle of 13 °39' 17 " (a chord which bears North 68°54'23 " East 113 . 89) and a length of 114 . 16 feet; thence North 52°04'44" East a distance of 472 . 50 feet to the East line of Lot 1 EDGEWOOD ; thence North 02°52' 19 " East, along said East line, a distance of 43 . 09 feet to a 5/8 " iron rod with yellow plastic cap marked DEHAAS & ASSOC . INC . at the Northeast corner of said Lot 1 ; thence North 87°40' 14" West, along the Northerly line of said Lot 1 , a distance of 45 . 63 feet; thence South 62°04'44" West a distance of 455 . 14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419 .00 feet, a central angle of 13°39' 17" (a chord which bears North 68°54'23 " East, 99 .62) and a length of 99 . 86 feet; thence South 14° 15 '29 " East a distance of 60 . 00 feet to the true point of beginning. 1 — Exhibit A - Memorandum — Fred W. Fields Revocable Living Trust 600 NE Grand Ave wvwv.oregonmetro.gov Portland, OR 972322736 503-797-1792 fax Ashley H. McCarron Senior Attorney V Telephone: (503) 813-7522 Metro I Office of Metro Attorney ashley.mccarron @oregonmetro.gov ESCROW INSTRUCTIONS September 6, 2012 Trevor Cheyne WFG National Title Insurance Company 25 NW 23rd Place, Suite 1 Portland, Oregon 97210 Re: Fields Trust to Metro and the City of Tigard ( Metro File Number 16.009) No Site Address, Tigard, Washington County 2S1W01 01200 Order Number 12003172 Mr. Cheyne: Metro, an Oregon municipal corporation , and the City of Tigard, an Oregon municipal corporation, ( hereafter, "Metro" and the `City"), requests your assistance with the closing of the purchase of real property in the County of Washington, State of Oregon (the " Property"), more particularly described in WFG National Title Insurance Company's Third Supplemental Preliminary Title Report, #12003172, effective July 11, 2012 (the "Title Report") from William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Seller"). 1) Documents Delivered by Metro and The City Enclosed are the following documents: a) A copy of the Statutory Warranty Deed from Seller to Metro and the City (the "Deed"), acknowledged and approved by Metro and the City and original forms of Conveyance Acceptance, executed by Metro and the City, to be attached to, and recorded with the Deed; b) A copy of the Buyer's Estimated Settlement Statement, executed by Metro and the City (the "Settlement Statement"); c) The Title Report, approved by Metro and the City; and d) A copy of Metro Council Resolution Number No. 07-3837, adopted : September 6, 2007, authorizing the acquisition of the Property and a copy of Metro Council Resolution Number 11-4289, dated September 8, 2011, appointing Martha J . Bennett as Metro's Chief Operating Officer; and e) A copy of City of Tigard Resolution No. 12-30, authorizing the acquisition of the Property. September 6, 2012 Page 2 2) Documents and Items Delivered by Seller Prior to closing, you shall receive under separate cover from Seller the following documents: a) The Deed, executed by Seller and notarized, in the form acknowledged and approved by Metro and the City, as described above; and b) Any other documents as may be required of Seller by Title Company to dose this transaction and issue the title policy referenced in Section 4(a) below. 3) Funds Closing Costs. In accordance with the Settlement Statement, escrow fees shall be paid one-half by Seller and one-half by Metro. Seller shall pay the premium for the title insurance policy and for all conveyance or excise taxes payable by reason of the purchase and sale of the Property. Metro shall pay the fee for recording the Deed. Metro shall pay the fee, if any, to "buy-back" the Deed from the Washington County Recorder. a) Prorations. All real property taxes and assessments payable, if any, with respect to the tax year in which closing occurs shall be prorated between Seller and Metro as of the closing date, based upon the 2011-2012 tax amount. b) Wire. On or before closing, Metro and the City of Tigard will wire funds to escrow in accordance with the Settlement Statement. The City will wire $2,000,000. Funds deposited by Metro, in addition to the City's $2,000,000 deposit, will total the purchase price of $5,150,000, plus costs, less Metro's $50,000 earnest money deposit, previously deposited by Metro into escrow on July 28, 2012. 4) Conditions Precedent to Closing a) You shall be prepared, pursuant to the Title Report, to issue a standard owner's title insurance policy immediately upon closing in the amount of Five Million One Hundred Fifty Thousand Dollars ($5,150,000) insuring fee simple title to the Property vested of record in Metro, an Oregon municipal corporation, and the City of Tigard, an Oregon municipal corporation, as tenants in common, subject to no encumbrances, liens or exceptions except those matters shown in the Title Report as exceptions numbered 1-5 and special exceptions numbered 7-12 and 18. Metro will not accept title or the issuance of the title insurance policy subject to special exceptions numbered 6 and 1347 or any new exceptions showing after the date of the Title Report. b) Prior to closing, title is to be brought down to date and the final policy is to insure title as of the date of recordation; c) You have received all documents referred to in sections 1 and 2, above; d) All conditions set forth in this section 4 have been satisfied; and September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred, you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon dose of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland, OR 97232, Attn: Karen M . Starin: the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company, the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503) 797-1557. Sincerely, , ejtro %% City of Tigard Ashley H. ' A 'Carron By: Senior Metro Attorney Its: September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred, you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N. E. Grand Avenue, Portland, OR 97232, Attn: Karen M. Starin: the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company, the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M . Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503) 7974557. Sincerely, Ivfdtro City of Tigard es I Ashley H . Carron By: Senior Metro Attorney Its: C I Ty PA A-i' ,4 F September 6, 2012 Page 4 We have received the original of these instructions and agree to act in strict accordance with these instructions. WFG National Title) nce Com . any By: Name: r vG f C - 4 "t.74„-e `C < ' Title: % 1*-�z�t�" Date: t �"Ft t ' PURCHASER'S ESTIMATED SETTLEMENT STATEMENT Date: September 13, 2012 Order No.: 12003172 Sale From: WILLIAM R. TAGMYER, Trustee of THE FRED To: Metro, an Oregon Municipal Corporation W. FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland, OR 97232 Lake Oswego, OR 97034 City of Tigard, an Oregon municipal corporation 13125 SW Hall Blvd. Tigard, OR 97233 Property: 2S1 W01 - 1200 Tigard, OR 97223 Purchase Price _ - ._ - Plus: Charges Escrow/Closing Fees to WFG National Title Insurance Company__ _ . .. - . - .. . _ _ - __ _ _ - .__ $624.50 1/2 of Escrow Fee__ S500.00 1/2 of Courier/Delivery Fee ___ - _ - . - _- _ _ _. - - _.. $ 12.50 Record Memo of Option2012-052747 . _. . __ - _ . _- _ .. _ - - _. - .. -- __$46.00 Record Statutory Warranty Deed - EST.'... .. ._ . . . . - _ __ _ ... . _ .$66.00 Total Charges - . . . - __ __ - - - - - - - _ - . _ _.S624.50 Gross Amount Due By Purchaser - - _ - - _ - _ - _ S5,150,624.50 Less: Credits 2012- 13 Tax Proration - 7/1 to 9/13 ($47.59 per day) ._ - _ - .. . . - - - _ _ _ _ _ _ - _ - - - _. . $3,521 .66 Earnest Money $50,000.00 Funds for closing from City of Tigard ._. .. - . _ - _. _ _ .._ - _ _ . ..__ _._._._ . _ _ __ - ... _. . - $2,000,000.00 Accrued I Merest in Deposit - TBD from Metro... .. . .. ._ ___. _ __ _ _ _ - _ _ _ - _ _ _ _ - . - _ _ - _ . .. . _ _ . _. $ 18.00 Total Credits_ - - _. . .. - _ _ _ - -- _ S2,053,539.66 Balance Due by Purchaser Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof The lender involved may be furnished a copy of this statement Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment The undersigned also acknowledges receipt of Loan Funds, if applicable, m the amount shown above and a receipt of a copy of this Statement • II Printed at 09/06/2012 ( 11 .00 am) Compliments of WFG National Title Insurance Company a - pE WFG National Title Insurance Company Metro, an Or n municipal corpoaation Trevdr°l`:he e ' jyj A IN 13.A 1 ge n to ef- ts: City of Tigard, an Oregon municipal corporation By: Its: WFG National Title Insurance Company Metro, an Oregon municipal corpoartion BY X Trevor Cheyne By: Its: City of Tigard, an Oregon municipal corporation By: Its: l t tf lVArc, 44 After recording, return to: Ashley McCarron Office of Metro Attorney 600 N.E. Grand Avenue Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 2 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living r Trust under Revocable Living Trust Agreement dated February 17, 2009, C}- Grantor, conveys and warrants to Metro, an Oregon municipal corporation, m Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon a municipal corporation, Grantee, an undivided 39% interest (as tenants in O common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly B described on attached Exhibit A (the "Property"), free of encumbrances except CD those listed on attached Exhibit B. 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, AND 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 -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of ,..)1r ` 1 , 2012. (}/2C7Z° William R. Tagmyer, �tee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The regoing instrument was acknowledged before me on , 2012, by William R. Tagmyer, as trustee of the Fred W. Fields Rev able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. IA ! . � • �.L., ' OFFICIAL SEAL N•°ary Pu rlic or Oregon HELEN ANNE PARKER NOTARY PUBLIC-OREGON My commission expires: -�]- ^� COMMISSION ii O P / � �'� � SIGN NO.469149 Residing at: n I a 1 ' f1P MY COMMISSION EXPIRES JULY 05,2016 J� „e V\ -2- PDXDOCS:1975003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet; thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62) and a length of 99.86 feet; thence South 14°15'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 580, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. -4- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: Name: al r If. .3.-. 3enne Ef' I CiAier 0?ecotf1l9 df c-er �) OFFICIAL SEAL 5( KAREN M STARIN ‘-.) NOTARY PUBLIC-OREGON State of OREGON COMMISSION NO.451589 MY COMMISSION EXPIRES SEPTEMBER 29,2014 ) County of MULTNOMAH This instrument was acknowledged before me on c,(24- . 7 , 20 Ii- , by ' ' l iti T. 8e vine- ( as Ckef' O era `f 0' iCPte• of Metro. ( ,A Notary Public - State of Oregon -5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By: '71/1 SICL Name: M a r-'i a L L. 1./k) yie State of OREGON County of 14 This instrument was acknowledged before me on _S-- /0 20 12- by -War 11.1 l_ 24-})/i as 4 /* rot'the City of Tigard. cI Notary ublic - State of Oregon OFFICIAL 8EAL CAROL A KRAGER ;;` NOYARYPUBUC-OREGON COMMISSION NO.445625 MY COMMISS ON EXPIRES FEBRUARY 23,2014 ' I -6- PDXDOCS:1975003.1 Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 {.4/;R,m *°.,1„ 4r''''7.. .v`71,' "• ,11. 1 .,'.;', ':,7 ,.,':1 rD,..s-' =,C, ,:U/ �g y:•:A'A-�.",v. �'1 ,l, ,^':✓'.� 1 >. . )1, ,.-,,.Y, ., , ' �: . 3.,:` IRIY7ir •',,j. Ij✓y��„` 1� I' I � � �,.t�iAyll ��"� �1?.., 1,l,if!r I sf,;�.- *�>d•">�`v�ly IJllrl '-S�, '�'y�:,..:v�h k Irrn.:l, �...#.��+ It,4�l4i ''� ,d ��,1�1!41 �j��/I,',';',,.."'S: d �'.3�.�� lllll�.' 1a qy �W 4y;, a hS 1'' s ri o ol :,� r.. J�•.a ,tt,,ll':go p fd,,.' (�1)t �i .I .. ki ( r 'ti111 / Y1 lw CAI ,� "° I`�"CERTIFICATION OF VITAL RECORD'S f a' ,. VIi. ', :•4* sa' �-tie a < ,�. . ?tea a '.Yw N'3_..,7.s,: .r:. . ? .> e t n_:rt < .c<� _ t.R: n a s4 t_:.. J . .a.I °\� _, � .�3,,,i 3 r ( �, �6t� Y OF RAE � Ay. CUNT RS I. �� i RIVERSIDE CALIFORNIA » a:: . ',: CATS OD 3201133012930 z CERT�, DEATH—4.. ,%-`. .. --.- USE BLACK NOWAY/N ERASURES,WW1E9UfS ORPLTBWTIOU$ • y STATE ALE NUMBER 1 LOCAL'REGISTRATION NUMBEp - :.: lidREV 3106(.:: /. .- 1.NAME OF DECEDENT-FIRST(Given) -' ': MIDDLE ;:.::: ::: '.. 3,LAST(Family)..... f,' ' FRED W.' FIELDS :.• Af` •,AKA ALSO KNOW!!XS Include full AKA(FIRST MIDDLE.LAST) �4 DATE OF BIRTH mm/dd/ccyy 5 AGE:*...: IFUNOERUNF YEAR 1F11NDER 24 HOURS (6 Ste. Y,Y1 �, - ---, ., , Mont ,, 0 yi ,Hours M'nutea 4•11/12/1923 88 .,: •` at .9.BIRTH STATEIFOREIGNCOUNTRV' 10 SOCIAL SECURITY NUMBER 11:EVER IN US ARMED FORCES? 12.MARRAL STATUS)SRDP•Id T-me d Oe&i 7,DATE OF DEATH m mid d/ccyy r 6 HOUR (24 Hours) �4 •IN: : 30714=8165 II ®YES ❑NO ❑LNK WIDOWED -12/13/2011 0440 fg ti • 5- 13.EDUCATION=HOnest LaveWeped;14/15 WAS DECEDENT HISPANICAATINO(A)/SPANISHT 01,, workafnet kW., 16:0ECEDENT'$RACE Up t 3 races yb !Mad(Peo rkeneet brick) w lee workaheat on Decal . " BACHELOR L❑ ll NO CAUCASIAN I .,; _ 17.USUAL OCCUPATION-Type of work for mast of Ill DD NOT USE RETIRED 18 KIND OF BUSINESS OR INO(1S1AT(,g.9recery tl arsT t emp)ym tt g t Y at T' 19 YEARS IN OCCUPATION . 1(' ENGINEER BUILDING 3 20 DECEDENT'S RESIDENCE(Sir et anal b I n n} :' .. 1149:SW DAVENPORT. - 1 "" ;: w O 21,CITY-' 22 COUNTY/PROVINCE 2S'ZIP Copt' • 24 YEARS IN COUNTY 25.STATE/FOREIGN COUNTRY 'i3 PORTLAND .. MULTNOMAH 97209 : 60 : OR s- ' _ rt' I- 26 INFORMANT'S NAME,RELATIONSHIP 27 INFORMANTS MAILING ADDRESS(SlraCt rp p ber, v/n.aML endz num 0 � z. '_fv1ELINDA WELLS,NIECE 3079 COUNTRYCLUB•DRIVE>C�STA MESA 'CA 92626 //( - MIDDLE 30 LAST(BIRTH NAME) 1 '0 -38.NAME OF FATHER/PARENT-FIRST DP FIRST 32 Z - I MIpOLE 33 V.ST 3 BIRTH STATE �° N.z MAHLON..i ': .: FIELDS IN 2 a w 35.NAME OF MOTHER/PARENT-FIRST 36 MIDDLE 3]LA$T(BIRTH NAME) 39 BIRTH STATE o '2 0 a ETHEL. MYERLY• IN Vart J9rD15POSN10N.0AE mndbcry 40PACEOFFlNA OISaOSIlIONRIVERVIEW ABBEY . .. °g 12/15/2011 0319 SW TAYLORS FE'RRY:ROAD,.PORTLAND,OR 97219 T/'._- •: - K 41,TYPE OF DISPO$mON(S) AT .2 SIGNURE OE:EMBALMER 43 LICENSE NUMBER f �v • u a •CR TR/BU:: i NOT EMBALMED ,'' U 44.NAME OF FUNERAL ESTABUSHMENT '" 45:t]CENSERUMBFA 46 SIGNATURE OF LOCAL REGISTRAR 47 DATE mMdd/ Yy LL° FITZHENRY-WIEFELS CR&BU SRVC :FD2051 ►CAMERON KAISER,MD ,:: 12/:14/2011 • ••. Z.-4"' ' 1 101.PLACE Or DEATH : ] 102'IF HOSPITAL,SPECIFY ONE 103 IF OCHER THAN HOSPITAL'SPEOIFY ONE �' o x COUNTRY VILLA,RANCHO MIRAGE HEALTHCARE CTR ❑'P ❑B7OP❑OM ❑...... ®Were TC ❑. .❑'0he /fr Cr U 8 104.COUNTY JDS FACILITY ADORESS0910CATION WHERE FOUND(Sitb4l and numbeh ca to ) 106.CITY Y Z • y :- 5 • RIVERSIDE 39950.VISTA DEL SOL RANCHO MIRAGE I°` 1m.CAUSE OF DEATH. ' En the panel t aseaSe . a mmWral Ual 1 cYcased death DO NOT enter iennnz such" . T Ire MI Bs:A l 10B�UHRRTFED1° 7 4 I ( rdlec ariest ci try then,�ve dT1CtI Mlatien wdhaRSlwwmia me etabgy.DO NOT ABBREVIATE Damietta Deep ,,. �k IMMEDIATE CAUSE (A)ACUTE RESPIRATORY`ARREST ..; wn '❑ ®"O (Fr d'd p P dond,l sidling—i IINMED :. mild','. LARGE BILATERAL PLEURAL EFFUSIONS • ieT OPSY PERFO r SeRUe d1y{ASt TLS °...' ,,p: A y x ng Item, HRS. .. D❑to • L."�' "C3 EXTENSIVE METASTATIC CANCER OF PROSTATE (ca 110 AUTOPSY PERFORMED? . °• UNDERLYING .. '.. LL CAUSE(disease or .- _ _ S ❑ ©ND - ° Injury that MO i E co Italia.]the events 01 ,(DTI tai lkC-0IN DETERIAINING GLSE7 {) resulting In death)LAST •' ?.• - � : . .112.OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RESULTING IN THE UNDERLYING CAUSE GIVEN 1N 107 ATRIAL FIBRILLATION _ ;; "" 'Y•113:WAS OPERATOR PERFORMED FOR ANY.CONDITION IN ITEM 107 on-i12?m ye Its,typepl operet d date.) 11341E FEMALE PEE-GNAW IN LAST YENT! • a v. NO ❑YES ❑NO ❑ a .r! rn 20 11M1.ICETRFYMAT:IOTFEffSTCEMYMJ7MID CFAHl72Y_iR1® 115 SIGNATURE AND"{lT1E OF CERTIFIER 116, NUMBER•117 DATE mm/MI/caw ATTIE HJLA DATE MDPU,CESWEDRi7NTFECPLBESet/0® .: FL'�t1 p s ,g Decal.A„endeds pr ,„,,,,,,,,, ►RICHARD GBY,RD M D.' C,+YjJ G42098 12/13f2011• mMdd/ccyy (B) mMdd/cevy 116.TYPE ATTENDING PHYSICIAN'S NAME MAILING ADDRESS ZIP CODE •y ¢ ( RICHARD G BYRD M D , ° 01/12/2008 yq( 12/12/2011:::, 74-785.HWY 111 STE 101,INDIAN WELLS,CA=92210 w A• �. : 119.ICEHOFVI/V¢M MY CF1MCN[ENHOW.A�ATT.E HOLM D41ENDRI DDDEJFROMDECNISESSVOED. 120 INJURED AT WORK? 121 INJURY DATE mMdWCCW 122.HOUR R4 Neu.) ? ....• MANNER OF DEATH❑N t ❑Accatlml 1..ni de ❑Swd.'❑ [11.N. ❑. Y" ' >• 123:PLACE OF INJURY(9 home consnuatron she,wooded tc,1 bt Cabrol be ' ddemv ed .. 0 124.DESCRIBE HOW INJURY OCCURRED which resulted in mjuy) f)7 '•: ¢-:•125.LOCATION OF INJURY(straw n11 number;or location,and city,and zip):.. "' M $' . . ...SIGNATURE OF CORONER/DEPUTY CORONER. •: /2]DATE:mMtldl yy 12B TYPE NAME TRLE OFCORONER•/GEPUIV GORONER ,- 1' STATE A B C D - 'E IpIIIIIIIIIIIIIIIIIIIIIIIIIIIp�IIIIIIIII8111npIIIIIIIIIIIIIIIIIIIIlIl1111 FAX AI fl1 - CENSUS TRACT _ ... REGISTRAR 1 .. - I' ; ss - .•*)10001001939745' '.. ?K " CERTIF COP VITAL RECORDS 1„,l'4 ' f / L..o F I111i; ;STATE OF CAL CALIFORNIA w I'141.,,,.., p o yeP .. ry.,4"1', COUNTY OF RIVERSTI3 SS.0. iouiuiumuni n , A. _ ' °�. ' . ${ �, s i This is a true and exact reproduction of the ocument officially re Istered:'and , , -: I. _ 4� ' •, y placed on,file in the office of the County of Riverside, ,r.,o: 3: 5 4' 3 • / �. 6 � , P 0 1 0 a 3 F�S' '=t y : . .. a."_• De artment ot::. . } - ^' ` _-- 1,' I• • =w• • YY fi, o. Dec., 15 2Q1 EnC.Frykrnan,MD focal Re9lstrar, * /'ISTA rrAi�y�% 'y} !T � ) 3 • --Y ��,� AAA 4/ b77 DATE ISSUED • :• : : RIVERSIDECOUNTY CALIFORNIA : :::: �� x S71CS ' 4 4, '; TiTis copy not valid unless prepared q0 engraved ITAiFder •displayingspal and signature of Registrar O -� "_'',41' ''4; rG�'.. Y . PnNCDi, lgwu - 's 14 w T,a Lw e:v o-*arko'K.+;, o h s x. ./.,'4p OF3'l ,x '<` 144 q.IIFOR a �;s;F...pe 'roe :ro,c;-.f we .. t t>.y,,, . ,,-L ��)) �(� � � .^�' .. '7l _.. _ _Wlyl"M'LL!L�4�4�4A144'NMM.rlAIA44... � 11 1I.111,,,'.. .-44AN -?I ANYALTER�ApTION OR;ERASURE_VOIDS THIS CERTIFICATE .- 4.0U,,, \\\\\ . ' b'.,-- - -,g .r, ... v. /'I�'�i': ':? .,;•y ' 41,4 ' ,;?..,,,...g,,,,7,,,134et ;..4\��1 ' .^ `.,A/Iu 14��1`- _ /0, 1,. 0.- _'I'la, M"/ _ - IT, ,•1' . '.Cd.T,.'"A,^sin., .ii!�4!,:,,. ..ni0.0. r!It.� '�. d.10'.yI g .:.., tY_- .. .AA,;,,!Ig : _. r-.[gt'toh31+..,.: . 7:.lird,+�el `4.4:14,,,x:+ =, T,(/'W �"Ya_'a .,,N41%: :V.f,.4.�1, After recording, return to: Ashley McCarron Office of Metro Attorney t 4 r owed 60o N.E. Grand Avenue ti Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 60o N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon municipal corporation, Grantee, an undivided 39% interest (as tenants in common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (Ro456o81) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Propeity"), free of encumbrances except those listed on attached Exhibit B. 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, AND 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 30.93o, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY -1- PDXDOCS 1975003 I OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of . 2012. lit/ /112th William R. Tagmyer, Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The •regoing instrument was acknowledged before me on . , 2012, by William R. Tagmyer, as trustee of the Fred W. Fields Rev• able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. kII . • MI ! / Vt � 0 . OFFICIAL SEAL N. ary Pu •lie or Oregon 05e� \ / , HELEN ANNE PARKER My commission expires: 01- Q5 c 3/f0 ' COMMISSION NO 469149 Residing at: m' I .o K',c ( MY COMMISSION EXPIRES JULY05, 2016 PDXDOCS-1975003 1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W .W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian , in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020 .7 feet to a square iron at the Northeast corner of EDGEWOOD ; thence North 89 007' West along the North line of said subdivision 151 . 1 feet to a corner of that certain tract of and conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30 , 1912 in Book 90, page 271 ; thence North 4° 13' East along the property line 597 . 1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163 ; thence South 43°44' East along the Southerly line of said tract of land 400 . 0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737 . 57 feet to an iron pipe on the South line of the said W . W . Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1 , Township 2 South, Range 1 West of the Willamette Meridian ; thence North 88°43' West 1349 . 96 along the South line of said W .W . Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1 , Township 2 South , Range 1 West to the place of beginning . TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491 , described as follows : Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian , City of Tigard, Washington County, Oregon . The Easement is described as follows : Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1 , EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291 . 15 feet; thence North 75044'01 " East a distance of 47 . 71 feet to the True Point of Beginning and point of curve of a curve to the left ; thence along said curve to the left with a radius of 479 . 00 feet, a central angle of 13°39' 17" (a chord which bears North 68054' 23" East 113 .89 ) and a length of 114. 16 feet ; thence North 52°04'44" East a distance of 472 . 50 feet to the East line of Lot 1 EDGEWOOD ; thence North 02052' 19" East, along said East line, a distance of 43 . 09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1 ; thence North 87040' 14" West, along the Northerly line of said Lot 1 , a distance of 45 . 63 feet; thence South 62004'44" West a distance of 455 . 14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419 . 00 feet, a central angle of 13039' 17" (a chord which bears North 68°54'23" East, 99 . 62) and a length of 99. 86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning . 2i -3- PDXDOCS.1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/ 1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/ 18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted. to City of Tigard under instrument recorded 2/22/2006, Recording#2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. -4- PDXDOCS 1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO Name: atni-tt - • -Bennet-f , Ck ; e0 Qpeeam,r5 °PhC-er f I OFFICIAL SEAL 5 ;3 = KAREN L -C R J O ` NOTARY PUBLIC - OREGON (I) Slate of OREGON U COMMISSION NO. 451569 ) MY COMMISSION EXPIRES SEPTEMBER 29, 2014 0 County of MUI,TNOMAH "ibis instrument was acknowledged before me on SP�P {- .( _, 20 IZ-_ . _ , by Y ° ta-r ti - Oe t'lhe - as Cttie7' Oferc� {� `nc� Q`-iaef of Metro. t / . Notary Public - State of Oregon -5- PDXDOCS 1975003 1 This conveyance is approved as to form and content and accepted by the City of Tigard. an Oregon municipal corporation. CITY OF TIGARD By , Name: State of OREGON County of This instrument was acknowledged before me on . 20_ __ _ by _ _ as of the City of Tigard. Notary Public - State of Oregon -6- PDXDOCS. 1975003. 1 f q edidA ved ad and : . oved WFG National Title Insurance Company a Williston F In8ri1A1 I Amur rnnyvny Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 281W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING : Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid , This report is for the exclusive use of the person to whom it is addressed . Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured ; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-2199088 or email at tcheyne @wtgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 d . i d 'A ved V tread and Approved "c+ v r U National Title Insurance Company 9 W1ggpa n f :n,nu ii l irnupL , nran Commercial Division 25 NW 23rd Place, Suite 1 Portland , OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING : Removed Exception 15 and 16 and added new Exception No. 18 being 2012-201.3 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid . This report is for the exclusive use of the person to whom it is addressed . Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured ; until such recordation , the Company may cancel or revise this report for any reason . Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officer at 503-219-9088 or email at tcheyne @wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1 . The effective date of this preliminary title report is 8:00 A. M. on July 11, 2012 2 , The policies and endorsements to be insured and the related charges are : _Policv/ Endorsement- Description _ Liability L_ Charge - $5, 150,000.00; $8,325.00 Basic Owner $8,325.00 _ -------- -------- PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE : WFG National Title Company p y is prepared to issue a Stewart Title Policy Local Government Lien Search j $25.00] Agent portion of above Premiums is 0 Underwriter portion of above Premiums is : $915 . 75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing . 3 . Title to the land described herein is vested in : William It Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4 . The estate or interest in land is : Fee Simple 5 . The land referred to in this report is described as follows : SEE ATTACHED EXHIBIT "A" Page 2of 7 OR Supplemental Report Order No. 12003172 , Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No . 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1 °27' East 1020 . 7 feet to a square iron at the Northeast corner of EDGEWOOD ; thence North 89 007' West along the North line of said subdivision 151 . 1 feet to a corner of that certain tract of and conveyed to Rudolph Hunziker and Sophia G . Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271 ; thence North 4° 13' East along the property line 597. 1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163 ; thence South 43°44' East along the Southerly line of said tract of and 400.0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737 . 57 feet to an iron pipe on the South line of the said W .W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1 , Township 2 South , Range 1 West of the Willamette Meridian ; thence North 88°43 ' West 1349 .96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot S and Government Lot 6 of in Section 1 , Township 2 South, Range 1 West to the place of beginning . TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No, 2006-020491 , described as follows : Located in a tract of and situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon . The Easement is described as follows : Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1 , EDGEWOOD as shown on Survey No . 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291 . 15 feet; thence North 75°44'01 " East a distance of 47 . 71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479. 00 feet, a central angle of 13°39' 17" (a chord which bears North 68°54'23" East 113 . 89) and a length of 114 . 16 feet; thence North 52004'44" East a distance of 472 . 50 feet to the East line of Lot 1 EDGEWOOD ; thence North 02052' 19" East, along said East fine, a distance of 43 . 09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC . at the Northeast corner of said Lot 1 ; thence North 87°40' 14" West, along the Northerly line of said Lot 1 , a distance of 45.63 feet; thence South 62°04'44" West a distance of 455 . 14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419 . 00 feet, a central angle of 13°39' 17" (a chord which bears North 68054'23" East, 99 . 62) and a length of 99 . 86 feet; thence South 14° 15'29" East a distance of 60 . 00 feet to the true point of beginning . Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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 and 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 and survey of the subject land . 5, Any lien, or right to a Hen, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS E. City liens, if any, of the City of Tigard . We Find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H . Suzanne Fields, husband and wife, et al Granted to • City of Tigard Recorded December 8, 1975 Book 580 Page • 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad . Page 4 o 7 OR Supplemental Report Order No. 12003172 8 . Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9 . Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of and being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof; For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of and in the most Northeast corner - see document for actual location 11 . Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12 . Terms and provisions of Grant of Easement and Maintenance Agreement : For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No . 2006-020491 Affects Appurtenant easement insured herein 13 . Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W . Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No . 2012-052747 Page 5of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein , a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s) . 15. Intentionally deleted . 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession . 18. 2012-2013 taxes, a Hen not yet payable . END OF EXCEPTIONS NOTE : We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation . NOTE : Taxes paid in full for 2011-2012 : Levied Amount $ 17,417 . 27 Property ID No. R456081 Levy Code 023 .74 Map Tax Lot No. 2511 -01200 NOTE : For tide insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon : a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction . b) Minutes of the meeting at which said resolution was passed . c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded . NOTE : No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE : Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $ 1 .00 per $ 1 ,000 . 00 or fraction thereof on the transfer of real property located within Washington County. Page 6of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION : The legal description has been changed because of a overlap issued on the Southerly boundary line . In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as : "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D . L.C. ; thence North 89023' West on said recognized South line 1387 ,8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC) . The recognized South line of W.W . Graham D . L.C. overlaps into Government Lots S and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D. L. C. , really was a re- entrant corner of South line of D. L.C. ; thence South 20 chains, more or less, to Winzler land . Hunziker only obtained to the South line of the Donation Land Cairn, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736 . 9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W . Graham DLC No. 39 and the North line of Government Lots 5 and 6 ; thence South 88043' West 1349.96 feet (not South 89023' West 1387. 8 feet) to the point of beginning . NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfghationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 1200317? WFG National Title Insurance Company a Williston Financial Group company Incoming Wire Instructions WFG National Title Insurance Company Date: June 21, 2012 File No. 12003172 Bank Name: JPMorgan Chase Bank, N.A. Routing Number: 325070760 (Domestic and International) Bank Address: 811 SW 6th Avenue, Floor 2 Portland, OR 97204 Account Number: 932530033 Account Name: WFG National Title Insurance Company Account Address: Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Reference: Please reference file number "12003172" and customer last name "To Come" Provided by Trevor Cheyne WFG National Title Insurance Company Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 OR Wiringlnstructions WFG National Title Insurance Company e K'IiW n Fnnncinl l:rnuP emwny Certification of Non-Foreign Status Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. Real Property interest by Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity, as defined in Treas. Req. § 1.445-2(b)(2)(iii); 3. Transferor's U.S Employer identification number is 45-6647760; and 4. Transferor's office address is 1800 Headlee Lane Lake Oswego, OR 97034. The undersigned understands that this certification may be disclosed to the Internal revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete and I further declare that I have authority to sign this document on behalf of Transferor. `7,4 ,l'edf Executed this day of3orb', 2012. FRED FIELDS REOCABLE LIVING TRUST under Revocable Livià)L2 ,i rust �ent dated February 17, 2009 By: William R. Tagmyer Its: Trustee OR FIRPTA Entity BEFORE THE METRO COUNCIL APPROVING THE NATURAL AREAS ACQUISITION RESOLUTION NO. 07-3837 REFINEMENT PLAN FOR THE FANNO CREEK LINKAGES TARGET AREA Introduced by Chief Operating Officer Michael J. Jordan, with the concurrence of Council President David Bragdon WHEREAS, on March 9, 2006. the Metro Council adopted Resolution No. 06-3672B "For the Purpose of Submitting to the Voters of the Metro Area a General Obligation Bond Indebtedness in the Amount of $227.4 Million to Fund Natural Area Acquisition and Water Quality Protection," recommending submission for voter approval a general obligation bond to preserve and protect natural areas, clean water, and fish and wildlife (the "2006 Natural Areas Bond Measure" or "Measure"); and WHEREAS, at the election held on November 7. 2006, the voters approved Ballot Measure 26- 80, the 2006 Natural Areas Bond Measure; and WHEREAS, the Fanno Creek Linkages Target Area was identified in the Measure as one of 27 regional target areas for land acquisition, building on the success of land acquisitions in the Fanno Creek Target Area pursuant to Metro's 1995 Open Spaces Bond Measure Program; and WHEREAS, as provided in the 2006 Natural Areas Bond Measure, Metro has undertaken a public refinement process to establish specific acquisition strategies, goals. objectives, and a confidential tax-lot specific acquisition target area map for each of the 27 target areas; and WHEREAS, Metro's refinement process included the compilation of available information about each target area; biological field visits and expert analysis of maps; interviews with key stakeholders including natural resource experts, property owners, representatives from state and local government agencies, and advocates from water quality, fish, and wildlife preservation interest groups; and eight public open houses at sites throughout the region and a "virtual" open house available via the internet, at which draft refinement plans were made available for public review and participants could share their target area priorities either in-person or electronically; and WHEREAS, on March 1 , 2007, the Council approved Resolution No. 07-3766A, 6-Authorizing the Chief Operating Officer to Purchase Property with Accepted Acquisition Guidelines as Outlined in the Natural Areas Implementation Work Plan," authorizing the Metro Chief Operating Officer to acquire properties identified on a Council-approved target area "confidential refinement map;' and WHEREAS. the Council has reviewed the draft refinement plans and considered information it has received from citizens, scientists, advocates, and state and local governments; now, therefore BE IT RESOLVED that the Metro Council adopts the Fanno Creek Linkages Refinement Plan attached hereto as Exhibit A, including the confidential tax-lot specific map reviewed by the Council in Executive Session on September 4, 2007, and signed by Council President David Bragdon on that date. and hereby authorizes the Chief Operating Officer to acquire properties in the Fanno Creek Linkages Target Area consistent with the Council-approved Acquisition Parameters and Due Diligence Guidelines of the Natural Areas Implementation Work Plan. Resolution No. 07-3837 Page 1 of 2 ADOPTED by the Metro Council this _614. { Q 4. _ day of `'c2" 7 .I 2007. ilk David Bragdon, Coun& • esident oN' 4, Approved as to Fomi: tics _3 _j -- -- '-7L-N5-•„..jer.„ 7,4.------------ UT Daniel B. Cooper, Metr Attorney eO?% ME OQ� COUryCtL oCoyrc. . 'aP, .0 ar Resolution No. 07-3837 Page 2 of 2 BEFORE THE METRO COUNCil FOR THE PURPOSE OF CONFIRMING THE ) RESOLUTION NO. 114289 APPOINTMENT OF MARTHA BENNETT ) AS ME I RO CHIEF OPERATING OFFICER ) Introduced by Council President Torn Hughes WHEREAS, on February 24, 2011 the Metro Council adopted Resolution No. 11-4241 ("For the Purpose of Confirming the Appointment of Daniel B. Cooper as Acting Chief Operating Officer") to fill the vacancy resulting from the former COO's resignation effective March 15, 2011, and in that Resolution the Metro Council President appointed and the Metro Council confirmed an Acting Chief Operating Officer until a competitive process was completed to fill the Chief Operating Officer vacancy on a permanent basis; and WHEREAS, the duties and responsibilities of the Chief Operating Officer are described and provided for in the Metro Charter and the Metro Code; and WHEREAS, Section 220.020(a) of the Metro Code provides that the Chief Operating Officer I shall be appointed by the Council President subject to confirmation by the Council by resolution, and that the Council President shall involve the Council in the hiring process; and WHEREAS, a competitive hiring process was held for the position of Metro Chief Operating Officer and the Metro Council President has involved the Council in the hiring process; and WHEREAS, on the basis of that competitive hiring process the Metro Council President has appointed Martha Bennett to serve as Chief Operating Officer subject to Council confirmation; and WHEREAS, Martha Bennett is qualified to be the Chief Operating Officer under the Metro Code and has stated his/her intent to accept the position; and WHEREAS, Metro Code Section 2.20.060 provides that the Chief Operating Officer shall receive such compensation as the Council shall fix by contract; and WHEREAS the Metro Council President has negotiated a compensation and employment contract with Martha Bennett in the form attached hereto, subject to approval by the Metro Council; now therefore BE IT RESOLVED by the Metro Council: 1. The appointment of Martha Bennett as Chief Operating Officer is confirmed; and 2. The Metro Council President is authorized to execute an employyiiyi,j?agrietpez t with Martha Bennett substantially similar in form to Exhibit A at9c h erein. `42,/,?, 4LR r.,=,,r., f c ADOPTED by the Metro Council this day of S � 2�L1'I� ; 1a'"6;'r ✓ : � ♦ v`rTom Hughes, Council 9-idena z ` p.C_ . ' dasto onn: , G17NSIGVCC� vo Alison Kean Campbell, Acting Metro Attorney CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- 5C) A RESOLUTION AUTHORIZING AN ASSIGNMENT AGREEMENT WITH MEIRO AND THE PURCHASE OF THE FIELDS PROPERTY (TAX LOT 2S1010001200) AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO COMPLETE THE PROPERTY PURCHASE ON BEHALF OF THE CITY WHEREAS,in November 2010 Tigard voters passed a $17 million park bond measure whereby 80 percent of bond proceeds were dedicated to acquiring open space and park land such as the Fields property;and WIIEREAS, the Park and Recreation Advisory Board (DRAB) was tasked with evaluating more than 60 potential park properties,and the Fields property ranked high on the acquisition list;and WHEREAS,the city would like to acquire the property for use as both a park and open space;and WHEREAS,Metro entered into a purchase and sale agreement (Exhibit A) with representatives of the Fields estate and can purchase the property for$5.15 million;and WHEREAS, Metro's purchase and sale agreement is contingent upon Tigard contributing $2 million to the property purchase. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council agrees to the terms of the Partial Assignment Agreement of Purchase and Sale Agreement (Exhibit B) whereby the Tigard commits $2 million toward the purchase of the Fields property,and Tigard obtains joint ownership in the property. SECTION 2: In accordance with the Partial Assignment Agreement of Purchase and Sale Agreement, the City Council agrees to develop an intergovernmental agreement with Metro regarding the management of the Fields property. SECTION 3: The City Council authorizes the city manager to take all necessary action to complete the Fields property purchase on behalf of the city. This includes, but is not limited to, execution of the Partial Assignment Agreement of Purchase and Sale Agreement and closing documents. SECTION 4: This resolution is effective immediately upon passage. PASSED: This -• day of .''! -LL 2012. RESOLUTION NO. 12- 2)7 Page 1 Mayor-City of Tigard ATTEST: r 1/0 City Recorder-City of Tigard RESOLUTION NO. 12- 3C Page 2 Washington County, Oregon 2012-076035 SIn=4 A STROM 09/13/2012 08:43:08 AM tn $10.00511 03 $5 00 515 00 $41 .00 1, Richard Hobernlcht. Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County. Oregon. do hereby certify that the wlthm Instrument of writing was received and recorded In the book of records of said county. Richard Hobernlcht, Director of Assessment and Taxation, Ex-Officio Return To WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 . . t 4 t. � i. xs " t $. Q ' .a t+^<sf. ms s ,r.,. rs,«.. . 'w:.s r a 1 i.' 44, 1 ° " ' 1 � ;a irpuCI OL YIT t4Rom4 � � y r *wt.., a A € ` COUNTY OF RIVERSIDE '' 0,_ RIVERSIDE, CALIFORNIA ^v ! i CERTIFICATE OF DEATH 32011330'2936 4'741X4474-7442C ' . .. ro&aF __ - L,:_+_n44r417u s by - - r FRED a " r» tW _ FIELDS - V S1 ' `2 ., uan.rarchil % a OH-tea A -,.w i__ crc Gab _IC S3 Y - - 2 `11112119 3 as ( M ` p • eno-.n,E-alaxxun SPOWY E I a.n s NM n . etna� r - - . •. IN S ' �30/ 44-816 � VI �: a Dwrroov+EO� '• 12/134201i _ I 0440� Ckiht ? BACHELOR D - - J CAUCASIAN t ENGN R � �BUILDINGt " t � nrc4D.x arw } nu ttl — rc.v_E snnev e4.. .ry e, eA - p FJI . ] 1149 SW DAVENPORT , _ - - - 5 ern.- _ cx I .lnnwao. ,. PORTLAND M.1 TNOAIAH 107201 1 60 Ipa - - -pe w„r.. 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STATE CERTIF COP VIyTALRECORDS i *,•""..gasar p 1,t0 STATED' CALIFORNIA 1 I. ,e QA) 44 4E y* slERLEC4 . 5 &. COUNTY OP RTVERSINE ,11� ��ryBE� �j��Eq� yR1®�R �IyAOI sRDpR' - g,N B( -`, - This is a truo and anCI reproduction c' t oil s ,, agree Orland IRS 11'W I�JR�Yi IIIOY��lN1 7 '�a SD1i Z\ °, �eI i n L , pieced°° xs � mC Ow:.° ° me Coup rm RVaexmq i , -711.1_42,1 , " II01 D 1 3543 w¢4 R . -. . ( .. • Department la m - 11} Dec 79, 2071 P F a P R r s s s : r ± ,tr O. ‘14 • / DATE ISSUED Rry RSDECOL110 CASORA jC{D ` l This copy not +I,d 0 pronged Nn pY dPWJ displaying mil },d 6 at (li I. r f ? . w.. t ,+ aE4.4"i , .r.�� a ..e:, '4 41 ,»»z.u..,A.. , ,.»:�ra .a ., ,W �.. , N: - 5 }.NY ALTERATION ORERASVRE V0105 TH15 CERTIFICATE �"� ��s ,� ' �r �Y '_5�•'a�"+'�?!(".'. �,, a,3' . •? inn < mr�"�• ;Lt Washington County, Oregon 2012-076036 D-DW Stn-=.1 A STROM 09/13/2012 08:43:08 AM After recording, return to: $30.00 $11 00 $5 00 $15 00 $61 .00 Richard Robernicht, Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County, Oregon, do hereby Ashley McCarron certify that the within instrument of writing was received and Office of Metro Attorney recorded in the book of records of said county. Richard Hobernicht, Director of 600 N.E. Grand Avenue Assessment and Taxation, Ex-Officio Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED °� (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living r\ Trust under Revocable Living Trust Agreement dated February 17, 2009, (`I- Grantor, conveys and warrants to Metro, an Oregon municipal corporation, t n Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon ,o municipal corporation, Grantee, an undivided 39% interest (as tenants in o common) the real property in the City of Tigard, Washington County, Oregon, r'S commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except co those listed on attached Exhibit B. LL 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, AND SECTIONS 2 TO g 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 TIIE 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 -1- PDXDOCS:1975003. 1 OWNERS, IF ANY, UNDER ORS 195.3O0, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO in CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5, 150,000. Dated as of V , 2012. William R. Tagmyer, Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The • regoing instrument was acknowledged before me on , 2012, by William R. Tagmyer, as trustee of the Fred W. Fields Rev. able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. h i t - ek • �.� ! ..V!Si- �' OFFICIAL SEAL N: ary Pu die for Oregon a HELEN ANNE PARKER My commission expires: 0-7. J ,r NOTARY PUBLIC-OREGON ION N OREGON (� ! �yi COMMISSION NO. 469149 Residing at: I I it °,e '� V�i MY COMMISSION EXPIRES JULY 05. 2016 PDXDOCS.1975003 1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Cairn No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27' East 1020 . 7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07 ' West along the North line of said subdivision 151 . 1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G . Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271 ; thence North 4° 13' East along the property line 597 . 1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43°44' East along the Southerly line of said tract of land 400. 0 feet to the most Easterly corner thereof; thence South 41°35' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737. 57 feet to an iron pipe on the South line of the said W .W . Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian ; thence North 88°43' West 1349. 96 along the South line of said W. W . Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South , Range 1 West to the place of beginning . TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006- 020491 , described as follows : Located in a tract of and situated in the Southeast one-quarter of Section 2, Township 2 South , Range 1 West of the Willamette Meridian , City of Tigard, Washington County, Oregon . The Easement is described as follows : Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet From center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87°27' East, along said South line, a distance of 291 . 15 feet; thence North 75 044'01 " East a distance of 47 .71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479. 00 feet, a central angle of 13°39' 17" (a chord which bears North 68054'23" East 11189) and a length of 114. 16 feet; thence North 52004'44" East a distance of 472. 50 feet to the East line of Lot 1 EDGEWOOD ; thence North 02°52' 19" East, along said East line, a distance of 43 .09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1 ; thence North 87°40' 14" West, along the Northerly line of said Lot 1, a distance of 45 . 63 feet; thence South 62°04'44" West a distance of 455 . 14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13°39' 17" (a chord which bears North 68054'23" East, 99. 62) and a length of 99. 86 feet; thence South 14° 15'29" East a distance of 60 .00 feet to the true point of beginning . -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/ 16/ 1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/ 1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/ 18/ 1995, Recording # 95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/ 1995, Recording #95049211, Official Records of Washington County, Oregon . 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2006, Recording# 2006-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. -4- PDXDOCS 1975003 1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: 64/4:?&C-0-3Vec' Name: 111Arj1it 3- . 32nAO-fi CbeQPo ? ee4tiij of-ifGE ( s . OFFICIAL SEAL (� 1/ ��`' KAREN M STARIN 1 C) NOTARY PUBLIC - OREGON I State of OREGON COMMISSION NO 451569 ()) 1 MY COMMISSION EXPIRES SEPTEMBER 29, 2014 0. County of MULTNOMAH This`instrument was acknowledged before me on cell + • 7 , 20 ii-- , M by YVllk-r ".h 178ennr asChierOfefAkn5 of aer of Metro. w ( . . Ir k.. l Notary ry Public - State of Oregon -5- PDXDOCS:1975003 1 - - - 1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY � 1` ° 14 --C c-�S OF�TIIGGAARD �� By: --Qt Name: Mar-{'In a.. L . Vv 11ne' State of OREGON County of /NC Ski/ This instrument was acknowledged before me on „.../S17-1-79-41- - -41- /0 , 20 F 2 by MdQr*ic 1 _ ZJ) ke as (> ,t7 ii/P/77.e flf the City of Tigard. ,� /. / .. i Notary 'ublic - State of regon / --.4•14`'N OFFICIAL SEAL CAROL A KRAGER NOTARYPUBUCOREGON COMMISSION NO. 445825 MY COMMISSION EXPIRES FEBRUARY 23, 2014 -6- PDXDOCS'.1975003 1 1 PURCHASER'S FINAL SETTLEMENT STATEMENT Date: September 13, 2012 Order No.: 12003172 Sale From: WILLIAM R. TAGMYER, Trustee of THE FRED To: Metro, an Oregon Municipal Corporation W. FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland, OR 97232 Lake Oswego, OR 97034 City of Tigard, an Oregon municipal corporation 13125 SW Hall Blvd. Tigard, OR 97233 Property: 2SIW01 - 1200 Tigard, OR 97223 Purchase Price _$5,150,000.00 Plus: Charges Refund of unused closing costs to Metro - 549. 10 Escrow/Closing Fees to WFG National Title Insurance Company - - - _ - - $578.50 1 /2 of Escrow Fee . - - - $459.00 1/2 of Courier/Delivery Fee - - - - - $ 12. 50 Record Memo of Option2012-052747 - - - - $46.00 Record Statutory Warranty Deed - _ - __ - - - _ - - - $61 .00 Total Charges - - _ - - - _ _ $627.60 Gross Amount Due By Purchaser - _ S5,150,627.60 Less: Credits 2012- 13 Tax Proration - 7/1 to 9/13 ($47.59 per day) __ - - - $3,521 .66 Earnest Money - - . - _$50,000.00 Funds for closing from City of Tigard - $2,000,000.00 Accrued Interest in Deposit - TBD from Metro _ . - _ _ - - - - - - _ - _ _ - - $21 . 10 Total Credits- - - $2,0.53,542.76 Balance Due by Purchaser __ - _ - __ . _ - %3.097.084.84 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof The lender involved mat be furnished a copy of this statement Pmchaser understands that tax and insurance prorations and reserves were based on figures or the preceding year or supplied by nthcis or estimates for the current year. and in the ct ent of any change for current tear, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment The undersigned ahn acknowledges receipt of Loan Funds, it applicable. in the amount shown abot e and a receipt of a copy of this Statement WFG National Title Insurance Company B y F { Trey. - C et e Printed at: 09/13/2012 ( 03:00 pm) Compliments of WFG National Title Insurance Company