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2015-077869 ~ Lasich Lane, Sherwood ~ Lasich Property Washington County,Oregon 2015-077869 D-C Stn=B A DUYCK 09/14/2015 01:50:45 PM AFTER RECORDING RETURN TO: $20.00$11.00$5.00$20.00 $56.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex• Citof Ti and Officio County Clerk for Washington County,Oregon,do hereby y g certify that the within instrument of writing was received and Attn: City Manager recorded in the book of records of said county. City Hall Richard Hobernicht,Director of 13125 SW Hall Blvd Assessment and Taxation, Ex-Officio Tigard OR 97223 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: City of Tigard Attn: City Manager City Hall 13125 SW Hall Blvd Tigard OR 97223 This space provided for recorder's use. MEMORANDUM OF CONTRACT OF SALE This Memorandum of Contract of Sale (this "Memorandum') is made as of September 10, 2015 between William B. Kenny ("Seller") whose address is 17180 SW Lasich Lane, Sherwood OR 97140 and the City of Tigard, an Oregon Municipal corporation ("Purchaser") whose address is 13125 SW Hall Blvd, Tigard, Oregon 97223. Pursuant to a Contract of Sale dated August 12, 2015 ("Contract'), Seller sold to Purchaser, Seller's interest in that certain property in Washington County, Oregon, more particularly described in the attached Exhibit A, except the Retained Property as defined in the Contract of Sale. The terms upon which Seller has sold the Property to Purchaser are set forth in the Contract, to which reference is made for all purposes. The true and actual consideration for this conveyance is $1,400,000. Purchaser will pay such amount, with interest, according to the terms of the Contract, under which the final payment of principal and interest is due on September 10, 2018 (the Maturity Date, as defined in the Contract). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, ORS 195.301 AND ORS 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, • OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR ORS 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 Page 1 — Memorandum of Contract Sale 50014-72582 1296981_2.DOCXIAMJ/9/10/2015 AFTER RECORDING RETURN TO: City of Tigard Attn: City Manager City Hall E-RECORDED �impllflle' 13125 SW Hall Blvd Tigard OR 97223 ID: a0(5 -i^(0-2-) 6,9 UNTIL A CHANGE IS REQUESTED County: uTY�1 \fi n � f ^ SEND TAX STATEMENTS TO: Date: ?( /q City of Tigard I Attn: City Manager City Hall 13125 SW Hall Blvd Tigard OR 97223 e This space provided for recorder's use. MEMORANDUM OF CONTRACT OF SALE This Memorandum of Contract of Sale (this "Memorandum") is made as of September 10, 2015 between William B. Kenny ("Seller") whose address is 17180 SW Lasich Lane, Sherwood OR 97140 and the City of Tigard, an Oregon Municipal corporation ("Purchaser") whose address is 13125 SW Hall Blvd, Tigard, Oregon 97223. Pursuant to a Contract of Sale dated August 12, 2015 ("Contract"), Seller sold to Purchaser, Seller's interest in that certain property in Washington County, Oregon, more particularly described in the attached Exhibit A, except the Retained Property as defined in the Contract of Sale. The terms upon which Seller has sold the Property to Purchaser are set forth in the Contract, to which reference is made for all purposes. The true and actual consideration for this conveyance is $1,400,000. Purchaser will pay such amount, with interest, according to the terms of the Contract, under which the final payment of principal and interest is due on September 10, 2018 (the Maturity Date, as defined in the Contract). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, ORS 195.301 AND ORS 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR ORS 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 Page 1 — Memorandum of Contract Sale 50014-72582 1296981_2 DOCMAMJ/9/10/2015 ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, ORS 195.301 AND ORS 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. Property Tax Account No. R528389 This Memorandum must be recorded in the Official Records of Washington County, Oregon in order to give notice of the existence of the Contract. This Memorandum will not be deemed or construed to define, limit, or modify the Contract, or any provision thereof, in any manner. IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the day and year first above written. Purchaser: Seller: LIVA By: 2CBy: &_,./4.....-e...-------- Name: Marl-ha, L. WIct, Its: Citj Ma►1ayer- i- OFFICIAL-SFJ1L NORMA I ALLEY � STATE OF OREGON) 0 ..'11,\,7�' ,i4 NOTARY PUBUC-OREGON - ) SS. ( ,, COMMISSION NO.465295 ) MY COMMISSION EXPIRES MARCH 23,2016 County of ) ��_ _�� _.2 _��.��-�-����,�„ This instrument was acknowledged before me on � � AO , 2015, by HiliIYisDL e as 4 ." " LP of City of Tigard. /f/CIA / //' NOTARY PUBLIC Fejl•REGON My Commission Expires:lit/BA 674,2.06 STATE OF OREGON) ss. County of AK This instrument was acknowledged before me on / , 2015 by ei (SI_UYN , Keivij . tr, , , / i ' OFFICIAL STAMP yffR To �* irff 4r V' ' ' �� Co 'ji sion Expir-s: �iTe Y ir f `m,;; RENS M.MOODY rte.' NOTARY PUBLIC-OREGON \;';'y, COMMISSION NO.936813 MY COMMISSION EXPIRES MARCH 25,2019 Page 2 - Memorandum of Contract Sale 50014-72582 1296981_2.DOCXIAMJ/9/10/2015 Preliminary Report Order Number: NCS-744087-0R1 Page Number: 7 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: PARCEL I: A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said Lasich Tract, a distance of 1070 feet;thence North parallel with the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet, more or less, to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19'28" East, 546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed Book 754, Page 282, Washington County, Deed Records; thence North 00° 19'28" East, 356.97 feet; thence North 88° 50'25" East, 91.65 feet; thence South 00° 19'28" West, 358.82 feet; thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19'28" East, 546.52 feet; thence East 60.00 feet; thence South 00° 19'28"West, 546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast one- quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: First American Title Exhibit A, Page 1 of 2 50014-72582 1296981.2 DOCXIAMJ/9/10/2015 Preliminary Report Order Number: NCS-744087-0R1 Page Number: 8 Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the bank North 20° 46' 32" West, 35.75 feet; thence North 36° 59' 20" West, 21.37 feet; thence North 21° 27' 20" West, 12.19 feet; thence leaving said top of bank, North 84°59' 44" East, 322.83 feet; thence South 00° 19' 28" West, 90.00 feet to the point of beginning. First American Title Exhibit A, Page 2 of 2 50014-725821296981_2.00CXIAMJ9/10/2015 , ;.,s r P. First American Title Company of Oregon .: , National Commercial Services 200 SW Market Street, Suite 250 . Portland,OR 97201 (503)795-7611 '\--:\ .r. � //WI Fax-(866)678-0591 City of Tigard September 15, 2015 c/o Jordan Ramis, PC Attention: Dan Olson 2 Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Escrow No.: NCS-744087-0R1 (RM) Re: Seller: William B. Kenny Buyer: City of Tigard, an Oregon municipal corporation Property: 16147 Southwest Roy Rogers Road and, 17180 Southwest Lasich Lane Sherwood, OR 97140 The closing of the above referenced transaction is now complete. For your records we enclose the following (If checks are included in this package, please negotiate as soon as possible): Check in the amount of $101.32 Final Settlement Statement Additional documents: Original Memorandum of Contract of Sale Original Memorandum of Lease Certified copy of Water Right Ownership Update Certified copy of Collection Escrow Instructions Original Settlement Agent's Statement of Receipt of Seller's Certificate of Non-Foreign Status Original Lease, signed Original Assignment of Lease, signed Original Seller signed attorney letter dated 9-11-2015 Copies of executed documents for closing Keep these instruments secure as some of them cannot be replaced. Your policy of title insurance, will follow shortly. Should yo have any questions or need further assistance, please contact the undersigned. Thank you for working First American Title Company of Oregon National Commercial Services. We look forward to serving you in , r-. Si�- -,t 's Officer .ti F k First American Title Company of Oregon • ; National Commercial Services 200 SW Market Street, Suite 250•Portland, OR 97201 eyti' Office Phone:(503)795-76000ffice Fax:(866)678-0591 Buyer's Final Settlement Statement Property: 16147 Southwest Roy Rogers Road and, 17180 File No: NCS-744087-0R1 Southwest Lasich Lane, Sherwood, OR 97140 Officer: Rene Moody/RM Settlement Date: 09/14/2015 Disbursement Date: 09/14/2015 Print Date: 09/14/2015, 2:55 PM Buyer: City of Tigard, an Oregon municipal corporation Address: Attention: City Manager, 13125 SW Hall Blvd, Tigard, OR 97223 Seller: William B. Kenny Address: 1780 SW Lasich Lane, Sherwood, OR 97140 Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 1,400,000.00 Deposits in Escrow: Receipt No. 503127205 on 09/10/2015 by City of Tigard, an Oregon municipal corporation 502,925.81 Adjustments: Balance on Contract at closing 900,000.00 Prorations: County Tax 07/01/15 to 09/14/15 @$5312.00/yr 1,091.51 Title/Escrow Charges to: Closing-Escrow Fee to First American Title Company of Oregon National Commercial 900.00 Services Reconveyance Tracking Service to First American Title Company of Oregon National 160.00 Commercial Services Messenger Service to First American Title Company of Oregon National Commercial Services 20.00 Policy-Standard ALTA 2006 Owner's to First American Title Company of Oregon National 2,700.00 Commercial Services Record Miscellaneous Item to First American Title Company of Oregon National Commercial 30.50 Services Record Memorandum of Lease to First American Title Company of Oregon National 30.50 Commercial Services Disbursements Paid: Collection Set Up Fee to Santiam Escrow Inc. 75.00 Cash ( From)(X To)Buyer 101.32 Totals 1,404,017.32 1,404,017.32 First m / itle •om . .f ergon National ;t' Page 1 of 1 COLLECTION ESCROW INSTRUCTIONS SANTIAM ESCROW, INC. HE•EBY :RTIFY THIS TO BE 216 E. VIRGINIA STREET •, I ACT / COPY P. O. BOX 515 • ORj/ STAYTON, OREGON 97383 F1' r4 'i''� TI7�4� • 0" PH 503-769-6444 FAX 503-769-71g. �;��� ter�� r Payee/Seller—Name/Address Obligor/Buyer— Name/Address William B. Kenny City of Tigard 17180 SW Lasich Lane Attn: Marty Wine, City Manager Sherwood, OR 97140 13125 SW Hall Blvd Tigard, OR 97223 Telephone No: Telephone No: 503-504-1371 503-718-2486 Property Address: 16147 SW Roy Rogers Road and, 17180 SW Lasich Lane Sherwood, Or 97141 Tax Lot: 2S118-00601 We the undersigned Seller/Payee and Buyer/Payer, deliver to you the following described papers, money or property. DOCUMENTS DELIVERED: -— Promissory Note Other X Deed of Trust Other Mortgage Other X Contract of Sale Other ALSO DEPOSITED ARE THE FOLLOWING FULFILLMENT DOCUMENTS TO BE RELEASED AT PAYOFF OR UPON MUTUAL WRITTEN INSTRUCTIONS. Request for Full Reconveyance Other X Unrecorded Deed Other Satisfaction of Mortgage NWFCS Other Bill of Sale Other If none of the Release Documents listed above are held by the Escrow Agent,then it is the responsibility of the Payee/ Seller to provide Obligor/Buyer with the necessary clearing documents outside of this Collection Escrow Account when this account has been satisfied. You are to hold and dispose of the above described document(s)according to the following instructions, term and conditions 1 You are authorized to disburse funds as received in your office as herein provided. If ANY check received by you is uncollectible, THE UNDERSIGNED, upon demand agrees to immediately indemnify and reimburse you for any funds advanced as well as all costs incurred in handling such funds. You are to deliver the above described documents(s)to the Obligor/Buyer, except for the contract, which is to be delivered to the Payee/Seller, upon payment to you, in full, of the unpaid balance owing of the purchase price, with interest, payable in installments as follows: The present principal balance is $ 317,278.56 to be paid in installments of $2678.24 per MONTH. Each installment is due on or before the 1st of every month. SPECIAL INSTRUCTIONS: 1. Interest shall accrue at the rate of 2% per annum on the remaining Purchase Price balance of$900,000 (less credits, if any), from the Closing Date. 2. The remaining Amount of the NWFCS loan is to be paid in full no later than June 30, 2018. 3.Pursuant to Section 2.4 of the Contract, taxes will paid outside of Collection Escrow. 4. Pursuant to Section 2.1 of the Contract, Purchaser shall receive a credit against the Purchase Price for every dollar over $2000 paid for taxes each tax year. 5. Pursuant to Section 4.5 of the Contract, Collection Escrow shall provide an annual accounting to the Parties. 6. Pursuant to Section 4.6 of Contract, Collection Escrow shall provide each party with a statement sixty days prior to the Maturity Date, unless an earlier date is requested by the parties. 7. Purchaser is entitled to any credits set forth in Section 13.5 of the Contract, upon Seller's uncured default. 8.Purchaser is entitled to any credits provided for in Section 3.5 of the Contract, if Seller fails to remove the Retained Property, and the manufactured dwelling owned by Seller's foreman on or before August 11, 2018, or a lien for the cost of removal of the manufactured dwelling has been imposed or an outstanding amount for the cost of removal remains due. 9. Capitalized terms not defined in these instructions shall have the meaning given to them in the Contract. DISBURSEMENT OF FUNDS: 2 Escrow Agent will disburse the proceeds of the payment as follows: See Section 4.5 of the Contract for order of application of proceeds. Account information and NWFCS payment information is below. 1. Name of Bank Northwest Farm Credit Services, FLCA ("NWFCS") %or Amount $2678.24 per month Address PO Box 13309 Salem, OR 97309 Account#Note No. 6027024/Loan No. 34903-442 2. [need Seller verification]Name of Bank Country Mutual Insurance Co. %or Amount—As requested by Seller Address Account# 9009411-001-00004 PO Box 14151 Policy No. A3GL4035781 Salem OR 97309 3. Name of Bank %or Amount Address Account# 4. Name of Bank %or Amount Address Account# Additional principal or balloon payments to be disbursed to: Additional NWFCS payments to be made to the address for NWFCS provided above. Escrow Agent is hereby instructed to make disbursements by check unless ACH Credit Instructions for Electronic Transfers are attached. If disbursement is made by ACH Credit the Payee will receive a pay- ment notice at no additional cost. At any time Escrow Agent may at it's discretion withhold disbursement of an unscheduled payment until receipt of written instructions from all parties for the disbursement thereof. FEES FOR SERVICES: The disbursement/posting fee, late charge monitoring fee or fees for additional services will be charged in accor- dance with the current These fees are to be paid by: (X) Buyer * ( ) Seller ( ) Split 50/50 *Except for Account Set up Fee which Parties will Split 50/50 through the Closing escrow. If all or part of the fees are paid by the BUYER,the fees are in addition to the installment amount shown above. INTEREST CALCULATIONS: 365 Day Basis—Interest calculation shall be on the actual number of days elapsed between payments with the balance of the payment being applied to principal as of the date the payment is received by Escrow Agent. 30/360 Monthly Basis (Interest Only Payments)—If this method is selected, Escrow Agent reserves the right to calculate on a 365 Day Basis if partial or unequal payment amounts are made. 3 LATE CHARGES: Late Charges will be handled between parties outside of this account. X Late Charges are to be handled through this Collection Escrow Account. Late Notice Request—Day of the Late Notice to be Sent Monthly Monitoring and Late Notice and/or Late Charges Fee is $3.00 Fee to be paid by (X)Buyer ( ) Seller ( ) Shared Equally. TAX AND/OR INSURANCE RESERVES, if any, are in addition to the installment amount shown on Page 1 and shall be applied as follows: X Taxes are paid by the Obligor/Buyer OUTSIDE OF THIS ACCOUNT. X Insurance to be paid through a holding reserve account. (If taxes and/or insurance are to be paid through this account, Exhibit 'A' — Collection Escrow Reserve Account Agreement must be completed, signed and made part of these instructions). Full payment, including reserves will be applied to principal and interest, passed on to Payee/Seller or underlying lender. Tax and/or insurance will be added back to account balance upon receipt or written proof of payment from payee/seller. Reserve adjustments must be in writing from payee/seller. 4 GENERAL PROVISIONS 1. You may accept any payments tendered to you and apply them towards the above provided installments whether such payment constitutes all or only part of any installment and whether or not it or any installment is then in default; but in the event an installment, or any part thereof, is past due, upon the written instructions and demand of the Seller/Payee certifying that an installment, or any part thereof, is past due you are authorized, without any notice to the Buyer/Payer, to reject any further payments, to deliver to the Seller/Payee all documents then in your possession and/or to cancel this collection escrow. The payment of any installment directly to the seller/Payee or the existence of any offset, counterclaim, or difference as between the parties hereto or the acceptance of previous delinquent installments shall not alter or limit the terms of these instructions. 2. You are authorized to accept the whole at any part of the then unpaid balance on the above described contract at any time unless otherwise precluded by specific written instructions from both principals. 3. Unless and until you have received payment in full as herein provided, or the Buyer/Payer becomes in default in the manner and to the extent herein before provided, none of the above described documents shall be released by Santiam Escrow. Inc. to any person except on the concurring written instructions of the principals or their successors in interest. 4. You are authorized to retain all funds coming into your hands hereunder after you shall have received written notice of the death of one of the Seller/Payee until you have received from the surviving Seller/payee and the personal representative of the deceased Seller/ payee joint written instructions for the disposition of such funds, or until you shall have been otherwise satisfied of the identity of the person or persons entitled to receive such funds and the provisions of this paragraph shall be applicable whether or not the Seller/Payee are husband and wife and whether or not the documents deposited herewith shall create or purport to create a right of survivorship as between the Seller/Payee. This section does not apply to payments to NWFCS, which shall continue to be made in the event of Seller's death. 5. Notwithstanding anything to the contrary therein occurring, you have no duty to know or determine the performance or nonperformance of any term or conditions of any contract or agreement between the principals hereto. You have no responsibility for the authenticity, the validity or sufficiency of any document deposited or for the accuracy of any document deposited, the description having been supplied by the principals. Your only duties shall be to accept payments, disburse the same, and hold and dispose of the documents as specifically stated in these instructions. In the event of a conflict or omission between the , deposited documents and these collection instructions, these instructions shall control as to the duties and responsibilities of Santiam Escrow, Inc. 6. If the interest of either the Seller/Payee or Buyer/Payer shall pass to any other party or parties, you are not required to take notice of same unless and until such documents in Evidence thereof as may be satisfactory to you and required by you have been deposited with you together with a fee. 7. If a controversy shall arise between the parties hereto or with any third person, you may await the outcome of such controversy by final legal proceedings, or otherwise, as you may deem appropriate, or you may institute such interpleader or other proceedings as you may deem proper, and in such events you shall not be liable for interest or damages. In the event or any controversy whether or not resulting in litigation, or in the event of an action to recover your expenses or charges from either or both of the parties hereto, you shall be entitled to reasonable attorney's fees and reimbursement for your expenses. 8. If any fire insurance or other insurance policies are deposited in this escrow, you shall have no responsibility for the sufficiency thereof, and you shall have the duty to pay or see to the payment of any premiums thereon, pursuant to instructions provided to you. You shall have no duty to renew or see to the renewal thereof or to notify any person of the expiration 5 thereof. Your sole responsibility with respect to any such policy shall be the safekeeping thereof and payment of premiums. 9. If taxes or insurance premiums are payable by Seller/Payee and the amounts thereof are to be added to the unpaid balance of the accounts, escrow does not have a duty to determine such payment but shall only add the taxes or insurance payment as provided by the security document when notified in writing. 10. In addition to the collection fee paid or agreed upon at the inception of this collection, the parties hereto jointly and severally agree to pay reasonable compensation for any services or expenses incurred by you. Including your costs, attorney's fees and payoff charges, not specified elsewhere in these instructions. In addition to any other remedies you may have, you are hereby given a lien upon all funds, documents, and other property held by you hereunder to secure the payment of all your fees and expenses. The parties agree to pay collection fees according to published rates of escrow agent as y may change from time to time. 11. At any time after you are made aware of or are informed that the principals have, even if for only one installment, failed to use or ceased to use the collection escrow services provided in these instructions, or at any time after the expiration of one year from the time then this escrow should by its terms be concluded, you may, without notice to the parties, close your records, thereby terminating your responsibilities with respect to this escrow. 12.In the event any provision within the escrow instructions or contract herein shall refer to a mortgage or a contract balance which is being computed other than by Santiam Escrow, Inc., Santiam Escrow, Inc. shall not be bound to keep a record of said balance. It shall be the duty of the parties hereto to keep Santiam advised of said balance. No liability shall attach to any action or failure to act by Santiam Escrow, Inc., in the event information has not been delivered to it prior to a time any such information shall be material to the perfor- mance of the escrow instructions or contract. 13.This agreement is binding upon the heirs, executors, administrators, successors and assigns of all parties hereto. 14.As used in these instructions the words "Seller", "Buyer", "Payee", and "Payer" shall include both the singular and the plural. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL 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. Any changes or corrections including addresses, bank accounts, numbers, distribution, etc. must be in writing and signed by appropriate parties. 6 1 - t-- \>1 • DATED this / t( day of lc-Q-1-f— , 20 SELLER/PAYEE BUYER/PAYER (signature) (signature) Taxpayer ID # 3 I -3 I Taxpayer ID # q3 -0503/40 (signature) (signature) Taxpayer ID # Taxpayer ID # (signature) (signature) Taxpayer ID # Taxpayer ID # The above Collection Instructions received and accepted this / / Day of }' , 20z1.- The undersigned assigns of the Seller or Buyer do hereby agree to be bound by the terms of the foregoing escrow instructions. SELLER BUYER (signature) (signature) 5 3f "3 ( 9s7 93'65-63geto Taxpayer ID # Taxpayer ID # 8 Sauna m.Ejcrow, InCi. 216 East Virginia Street Post Office Box 511 Stayton, Oregon 97383 (503) 769-6444 COLLECTION ESCROW RESERVE ACCOUNT INSTRUCTIONS The parties signed below desire to establish a collection reserve account for the purpose of holding funds to pay taxes and insurance on the property described as 16147 Southwest Roy Rogers Rd and, 17180 Southwest Lasich Lane Sherwood,OR 97140 Santiam Escrow,Inc. shall not be responsible to monitor payment for these items,but shall only pay tax and insurance bills, if they are presented to the escrow. Payments shall be made only in the amount of funds on deposit in said reserve account and escrow agent shall not be liable to make up any shortage of funds. The escrow agent will notify the parties if funds are insufficient to pay the bills in full and Buyer/Payor agrees to immediately deposit the amount of shortage into the reserve account to pay any balance due. Santiam Escrow, Inc. shall not be responsible if Buyer/Payor does not comply with the request for additional funds. Excess funds in the reserve will be used to reduce the next year's monthly reserve payment. Annual adjustment to the payments will be based on 1/12 the current years tax and insurance bills. Special relief programs or special reductions to prior years' billings will not be considered in the calculation. Sa The monthly reserve amount will be$ 0 /taxes and $ , /insurance. Additional instructions: I Cf trI' S O &f & q ecce E-De. -) vi-C c jjt+ y s Fees for setup and disbursement will be charged in accordance with the current Santiam Escrow,Inc. fee schedule. Taxes: County _ _ _ Tax account No. Insurance Company: Policy No. ft 3 G-1_4O3�-7( 2 VAL 1 Dated this day of Seller/Payee Buyer/Payor 12 ' AGRIPLUS INSURANCE POLICY DECLARATIONS COUNTRY Mutual Insurance Company. P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 To report a claim any time day or night,call 1-866-COUNTRY(1-866-268-6879). ACCOUNT NUMBER 7277638-001-00001 INSURED Policy period beginning Jul 30,2015 KENNY WILLIAM B 12:01 a.m.standard time at your address. 16147 SW ROY ROGERS RD SHERWOOD OR 97140-9292 Declarations reason LIABILITY CHANGE LIABILITY COVERAGE CHANGE NAME AND/OR ADDRESS CHANGE LIEN HOLDER CHANGE Effective Jul 30,2015 12:01 a.m.standard time at your address. Your policy consists of the policy booklet,applications, declarations pages and any endorsements. Please keep them together. You have only the coverages and amounts of insurance as stated in this declarations,subject to all provisions of your policy. TOTAL PREMIUM $1,599.50 PREMIUM CHANGE -$7.65 DO NOT PAY THIS AMOUNT, ANY BALANCE DUE WILL BE LISTED ON A SEPARATE INVOICE. PLEASE CONTACT YOUR FINANCIAL REPRESENTATIVE FOR ANY CHANGES. FARM TYPE-NURSERIES LOCATION OF PROPERTY COVERED LCTN STREET ADDRESS/LOT&BLOCK/PHYSICAL DESCRIPTION/QTR,SECTION,TOWNSHIP,RANGE,COUNTY AND STATE 001 31 ACRES SEC 18 TWP 2S RANGE 1W WASHI COUNTY STATE OR $1,000/250 DEDUCTIBLE EACH OCCURRENCE APPLICABLE TO SECTIONS 2,3,4J,5,6,7 AND 8 CC,DD,EE,HH, II DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) 001-01 LIABILITY 1 A 1,000,000 184.59 MEDICAL PAYMENTS 1 B EACH PERSON 5,000 INCL EACH OCCURRENCE 25,000 INCL 002-02 001 PERSONAL INJURY ENDORSEMENT 1 A,B 16.92 005-02 ADDITIONAL INSURED 1 A,B 12.75 106-12 001 DWELLING-BILL(A) 2 C 1 1 184,400 419.64 22 001 PERSONAL PROPERTY(A) 2 D 2-19 3 138,462 INCL PERSONAL PROPERTY REPLACEMENT COST 8 DD INCL 30 001 ADDITIONAL LIVING EXPENSE 2 E 1 36,880 INCL INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 131.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE DISCOUNTS SAFE HEAT INCL FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 1 AGRIPLUS INSURANCE POLICY DECLARATIONS COUNTRY Mutual Insurance Companym P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) 300-50 FARM PERSONAL PROPERTY 7 W 2-21,26&27 3 100,000 278.80 ENDORSEMENTS FARM PERSONAL PROPERTY LIMITATION 400-70 001 OLD HORSE BARN/MCHINE SHED (A) 6 V 2-19 3 19,200 36.55 ENDORSEMENTS EARTHQUAKE 9.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 401-70 001 STORAGE BARN/GP SHED (A) 6 V 2-19 3 33,024 62.90 ENDORSEMENTS EARTHQUAKE 16.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 402-70 001 SHOP (A) 6 V 2-19 3 20,000 38.25 ENDORSEMENTS EARTHQUAKE 9.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 403-70 001 OFFICE (A) 6 V 2-19 1 128,100 243.10 INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 60.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 410-70 001 PUMPHOUSE (A) 6 V 2-19 1 8,600 17.00 INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 4.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 895-95 IDENTITY THEFT 5 A 25,000 25.00 ENDORSEMENTS END.239 IDENTITY THEFT EXPENSE/ADVOCACY 999-80 PACKAGE OF SPECIAL COVERAGES 5 K INCL FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 2 AGRIPLUS INSURANCE POLICY DECLARATIONS COUNTRY Mutual Insurance Company® P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) AGRIPLUS POLICY 35.00 POLICY TYPE 29 POLICY DISCOUNTS MULTI-POLICY DISCOUNT INCL POLICY ENDORSEMENTS SPLIT DEDUCTIBLE OREGON AMENDATORY END.167 BIO/CHEMICAL TERRORISM EXCLUSION The 2016 annual meeting for COUNTRY Mutual Insurance Company is April 20 at 1:00 pm, 1701 Towanda Ave., Bloomington, Illinois. ADDITIONAL INTEREST CONDITIONS NAME AND ADDRESS NAME AND ADDRESS ADDITIONAL INSURED UNITED SALAD CO MORTGAGEE FARM SERVICE AGENCY 8448 NE 33RD DR SUITE 100 ITS SUCCESSORS AND/OR ASSIGNS PORTLAND OR 97221 1080 SW BASELINE RD STE B3 HILLSBORO OR 97123-3823 LOAN NUMBER LOAN NUMBER 4302 LIMITED TO LIMITED TO MORTGAGEE NW FARM CREDIT SERVICES FLCA ADDITIONAL INSURED CITY OF TIGARD ITS SUCCESSORS AND/OR ASSIGNS ITS OFFICERS/EMPLOYEES/AGENTS PO BOX 13309 REPRESENTATIVES SALEM OR 97309 13125 SW HALL BLVD TIGARD OR 97223 LOAN NUMBER 34903-442 LOAN NUMBER LIMITED TO ALL BLDGS LOC 1 LIMITED TO ADDITIONAL INSURED OREGON AZALEAS INC 16147 SW ROY ROGERS RD SHERWOOD OR 97140 LOAN NUMBER LIMITED TO at-Adik• 9/10/2015 AUUNNIOFD NEPNE{EIRATIVE DATE COUNTERSIGN FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 3 • THIS SPACE RESERVED FOR RECORDER'S USE After recording return to: City of Tigard Attention: City Manager, 13125 SW Hall Blvd. Tigard, OR 97223 r HE' BY fritell4CTU, o7rr�'rkrs roeUntil a change is requested all tax opy E statements shall be sent to the F -s RIGr following address: By; A/ rii City of Tigard '� "Pr • Attention: City Manager, 13125 SW ��i�/� • Hall Blvd Tigard, OR 97223 File No.: NCS-744087-0R1 (RM) Date: September 10, 2015 STATUTORY WARRANTY DEED William B. Kenny, Grantor, conveys and warrants to City of Tigard, an Oregon municipal corporation , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: See Legal Description attached hereto as Exhibit "A" and by this reference incorporated herein. - ALL INTEREST IN ALL WATER RIGHTS APPURTENANT TO THE SUBJECT PROPERTY ARE INCLUDED IN THIS CONVEYANCE - Subject to: See attached exhibit "B" The true consideration for this conveyance is $1,400,000.00 **THIS DEED IS GIVEN IN FULFILLMENT OF A CERTAIN CONTRACT OF SALE AND ESCROW INSTRUCTIONS, DATED AUGUST 12, 2015, FORMH MEMORANDUM OF CONTRACT DATED SEPTEMBER 10, 2015 WAS RECORDED ON ,MEMORANDUM AS INSTRUMENT NUMBER �O(S - 077g-6 7. (Here comply with requirements of ORS 93.030) Page 1 of 5 APN: R528389 Statutory Warranty Deed File No.:NCS-744087-0R1(RM) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this / `( day of ,3-- , 20 /S . William B. Kenny t STATE OF Oregon ) nt.(4-VC/Yak )ss. County of W hngton ) This instrument was acknowledged before me on • ,i :ay of S ° `V iti 20 /3 by William B. Kenny. /i 7- -.) 10iii ji , // : . /J III TO" if •ta y 1j Ii&for Oleg.n c .�.' OFFICIAL STAMP My commission expires: 0 -, 5-7/1'��=�'• RENS M.MOODY " NOTARY PUBLIC•OREGON Ne,„of COMMISSION NO.938813 MY OOMMi SIGN MIMES MAf'1QM 25,2019 Page 2 of 5 APN: R528389 Statutory Warranty Deed File No.:NCS-744087-0R1(RM) -continued This conveyance is approved as to form and content and accepted by City of Tigard, an Oregon municipal corporation. • Approved as to form: City of Tigard, an Ore on municipal Corporation ` G By: N]a L. 'JMe) as: titi Mc410.n f— STATE OF Oregon ) County of 4-424-4(124L- ) This instrument was acknowledged before me on this day of Septem er, 10 2015 by Hai Y ,C . m') as �� per 112 of City of Tigard, an Oregon un ipal cdtporation on behalf of said entity. 41)W/4 / ______.7 Notary Public of Oregon My commission expires: ,tet r.0`L a3, � - f . --0-,.1., ,. �_- - OFFldAL SEAL _ NORMA I ALLEY / c' ~� ..J,' NOTARY PUBLIC-OREGON ft I; �„-, COMMISSION NO.465295 n MY COMMISSION EXPIRES MARCH 23,2016 Page 3 of 5 Af'N: R528389 Statutory Warranty Deed File No.: NCS-744087-0R1(RM) -continued EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet, more or less, to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one- quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19' 28" East, 546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed Book 754, Page 282, Washington County, Deed Records; thence North 00° 19' 28" East, 356.97 feet; thence North 88° 50' 25" East, 91.65 feet; thence South 00° 19' 28" West, 358.82 feet; thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Page 4 of 5 APN: R528389 Statutory Warranty Deed File No.: NCS-744087-0R1(RM) -continued Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19' 28" East, 546.52 feet; thence East 60.00 feet; thence South 00° 19' 28" West, 546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the bank North 20° 46' 32" West, 35.75 feet; thence North 36° 59' 20" West, 21.37 feet; thence North 21° 27' 20" West, 12.19 feet; thence leaving said top of bank, North 84°59' 44" East, 322.83 feet; thence South 00° 19' 28" West, 90.00 feet to the point of beginning. Page 5 of 5 EXHIBIT"B's 1. General and special taxes and assessments for the fiscal year 2015- 2016, a lien not yet due or payable. 2. The assessment roll and the tax roll disclose that the within described premises were specially zoned or classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. 3. The county tax roll discloses a mobile home on the herein described premises which is not included in title insurance coverage. Subject to requirements and provisions of O.R.S. 311.280 pertaining to mobile home taxes becoming liens on real property. 4. Rights of the public and governmental bodies in and to that portion of the premises herein described lying below the high water mark of Tualatin River and the ownership of the State of Oregon in and to that portion lying below the high water mark thereof. 5. Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the Tualatin River or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 6. Covenants, conditions, restrictions and easements in the document recorded January 10, 1884 as Book 'T', page 515 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 7. Restrictive Covenant to Waive Remonstrance, pertaining to customarily (commonly) accepted farm or forestry practices, including the terms and provisions thereof, recorded July 28, 1997 as Fee No. 97068876 8. Conditions, Restrictions and/or easement contained in and imposed by Special Use approval 97-203-AD, including terms and provisions thereof. Recorded: August 05, 1997 as Fee No. 97072329 9. Right of Way as dedicated in Deed, including terms and provisions thereof. Recorded: August 11, 1997 as Fee No. 97073905 10. Restrictive Covenant to Waive Remonstrance, pertaining to road improvement/maintenance, including the terms and provisions thereof, recorded August 11, 1997 as Fee No. 97073906 11. Easement, including terms and provisions contained therein: Recording Information: May 04, 1999 as Fee No. 99054630 In Favor of: Washington County For: Slope and drainage Affects: Parcel I 12. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William B. Kenny and Norma B. Kenny, husband and wife, Oregon Azaleas Inc., a Corporation Grantee/Beneficiary: Northwest Farm Credit Services, FLCA, a Corporation organized under the Farm Credit Act of 1971, as amended Trustee: Landamerica Lawyers Title, a Corporation Amount: $760,000.00 Recorded: May 16, 2003 Recording Information: Fee No. 2003-078071 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded June 19, 2009 as Fee No. 2009-055982, November 04, 2009 as Fee No. 2009-096649, December 07, 2010 as Fee No. 2010-098691 and November 15, 2011 as Fee No. 2011-080410 by agreement recorded August 23, 2012 as Fee No. 2012-069467. Modification and/or amendment by instrument: Recording Information: August 23, 2012 as Fee No. 2012-069468 13. Easement, including terms and provisions contained therein: Recording Information: February 03, 2014 as Fee No. 2014-006174 In Favor of: Portland General Electric Company, an Oregon corporation For: Electric Line First American Title Company of ,.. Oregon " �` :7 National Commercial Services �Ni.,--,' ' :4,.W.. 200 SW Market Street Suite 250 t- Portland,OR 97201 . 2.__ Phn-(503)795-7600 Fax-(866)678-0591 File No. NCS-744087- 0R1 Buyer: City of Tigard, an Oregon municipal corporation Buyer Address: , SETTLEMENT AGENT'S STATEMENT OF RECEIPT OF SELLER'S CERTIFICATE OF NON-FOREIGN STATUS Property Address: 16147 Southwest Roy Rogers Road and, 17180 Southwest Lasich Lane, Sherwood, OR 97140 Settlement/Escrow No. NCS-744087-0R1 I, Rene Moody, hereby certify to City of Tigard, an Oregon municipal corporation (buyer) that: a. I am the settlement/escrow officer in the above referenced transaction ("Transaction"); b. I am an employee of First American Title Company of Oregon National Commercial Services which is a "qualified substitute" under Internal Revenue Code (IRC) Section 1445(f)(6); and c. Pursuant to IRC Section 1445(b)(9) that each of the following seller or sellers, who are all of the sellers in the Transaction, has provided to me a completed copy of the Seller's Certificate of Non- Foreign Status pursuant to IRC Section 1445(b)(2): William B. Kenny (Sellers) p EI 'der,.en ty Z :t Portland, OR on this_Second day of September, 2015. I . Y (� /en wrscro I'-ms's nature) Note: Section 1445 of the Internal Revenue Code (IRC) provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. Pursuant to IRC Section 1445(b)(2) no withholding is required if the transferor (seller) furnishes to the transferee (buyer) a non-foreign affidavit stating, under penalty of perjury, the transferor's United States taxpayer identification number and that the transferor is not a foreign person. Section 1445(b)(9) was added to the Internal Revenue Code (IRC) on July 30, 2008 in order to provide an alternative procedure for furnishing Non-Foreign Affidavits. The alternative procedure allows a seller to furnish the Non-Foreign Affidavit to a "qualified substitute" instead of the buyer so long as the qualified substitute furnishes a statement to the buyer stating, under penalty of perjury, that the qualified substitute is in possession of the Non-Foreign Affidavit. A qualified substitute is defined as the person (including any attorney or title company) responsible for closing the transaction, other than the seller's agent, and the buyer's agent. (See IRC § 1445(f)(6)). U.S. FIRPTA-Settlement Agent's Statement to Buyer_Rev.(8/25/08) Page 1 of 1 Pages 'l Lake Oswego Vancouver Bend JORDAN Two Centerpointe Dr.,6th Floor 1499 SE Tech Center PI.,#380 360 SW Bond St.,Suite 510 RAMIS, t Lake Oswego, OR 97035 Vancouver,WA 98683 Bend,OR 97702 I V 1 503-598-7070 360-567-3900 541-647-2979 ATTORNEYS AT LAW www.jordanramis.com PERSONAL DELIVERY September 11, 2015 William B. Kenny 17180 SW Lasich Road Sherwood, OR 97140 Re. City of Tigard / Real Estate Services: Lasich Property Our File No. 50014-72582 VOLUNTARY ACQUISITION INFORMATION NOTICE (AGENCIES WITH EMINENT DOMAIN AUTHORITY) Dear Mr. Kenny: As part of the Closing of the property you own at 16147 SW Roy Rogers Rd and 17180 SW Lasich Lane, Sherwood, OR identified as Assessor's Map No. 2S11800601 (collectively, the "Property"), this letter confirms that, although the City of Tigard has the power of eminent domain, the purchase of the above-described property is a voluntary arms-length acquisition. At no time has it been the City's intent to exercise its power of eminent domain and it has not implied or expressed any such intent to you. Rather, you indicated a desire to sell to the City on the terms and conditions set forth in the Contract. Further, the amount paid is agreed by the parties to represent the fair market value of the property. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, and state law, owner-occupants who move as a result of a voluntary acquisition are not eligible for relocation assistance. The City appreciates your offer to make the property available to the public for future generations and your cooperation as we worked together to agree on acceptable terms. Sincerely, JORDAN RAMIS PC Dan R. lsen Contract Attorney for Jordan Ramis Tigard City Attorney Acknowledged: / Illiam B Kenrfy 50014-725112/328535 I.IXX.XORFAv1/120/3 F k First American Title Company of Oregon _ National Commercial Services 200 SW Market Street,Suite 250•Portland,OR 97201 " L0 Office Phone::(503)795-76000ffice Fax:(866)678-0591 Buyer's Estimated Settlement Statement Property: 16147 Southwest Roy Rogers Road and,17180 File No: NCS-744087-0R1 Southwest Lasich Lane,Sherwood,OR 97140 Officer: Rene Moody/RM Estimated Settlement Date: 09/10/2015 Disbursement Date: Print Date: 09/10/2015,7:30 AM Buyer. City of Tigard,an Oregon municipal corporation Address: Seller. William B.Kenny Address: ,Sherwood,OR Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 1,400,000.00 Deposits in Escrow: Receipt No.503127205 on 09/10/2015 by City of Tigard,an Oregon municipal corporation 502,925.81 Adjustments: Balance on Contract at closing - -- 900,000.00 Prorations: County Tax 07/01/15 to 09/10/15 ©35312.00/yr 1,033.29 Title/Escrow Charges to: Closing-Escrow Fee to First American Title Company of Oregon National Commercial 900.00 Services Reconveyance Tracking Service to First American Title Company of Oregon National 160.00 Commercial Services Messenger Service to First American Title Company of Oregon National Commercial Services 20.00 Policy-Standard ALTA 2006 Owner's to First American Title Company of Oregon National 2,700.00 Commercial Services Estimated Recording Fees to First American Title Company of Oregon National Commercial 75.00 Services Disbursements Paid: Collection Set Up Fee to Santiam Escrow Inc. _ 75.00 Cash( From)(X To)Buyer 29.10 Totals 1,403,959.10 1,403,959.10 Notice-This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. BUYER(S): City of Tigard,an Oregon ipal corporation B . L1 ' Name: pia U. hitr Title: CA-1 II�ILt 14j e,- Initials: Page 1 of 2 Continued From Page 1 Buyer's Estimated Settlement Statement Settlement D File No: NCS-744087-0R1 Print Date: p09/ x/2015 Officer: Rene Moody/RM n First litl- C• p- „ • • '••n Na'• al Co - , `f� s // By 1111 . RenvOK• / Ii • . lir Page 2 of 2 4 t h . 1‘;',••fi •' x4.,. r'r First American Title Company of Oregon National Commercial Services 200 SW Market Street, Suite 250 Portland, Oregon 97201 READ & , „ ' ROVED Escrow Officer: Rene Moody / Phone: (503)795-7611 U — Fax: (866)678-0591 E-mail rmoody@firstam.com File No: NCS-744087-0R1 Title Officer: Steve Manome Phone: (503)219-8742 Fax: (866)678-0591 E-mail smanome@firstam.com File No: NCS-744087-0R1 REPORT NO. 2 PRELIMINARY TITLE REPORT ALTA Owners Standard Coverage Liability $ 1,400,000.00 Premium $ TBD ALTA Owners Extended Coverage Liability $ Premium $ ALTA Lenders Standard Coverage Liability $ Premium $ ALTA Lenders Extended Coverage Liability $ Premium $ ALTA Leasehold Standard Coverage Liability $ Premium $ ALTA Leasehold Extended Coverage Liability $ Premium $ Endorsements Liability $ Premium $ Govt Service Charge Cost $ Other $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit "A" attached hereto. and as of 08/17/2015 at 8:00 a.m., title to the fee simple estate is vested in: William B. Kenny Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Preliminary Report Order Number: NCS-744087-0R1 Page Number: 2 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. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 7. The assessment roll and the tax roll disclose that the within described premises were specially zoned or classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. 8. The county tax roll discloses a mobile home on the herein described premises which is not included in title insurance coverage. Subject to requirements and provisions of O.R.S. 311.280 pertaining to mobile home taxes becoming liens on real property. 9. Rights of the public and governmental bodies in and to that portion of the premises herein described lying below the high water mark of Tualatin River and the ownership of the State of Oregon in and to that portion lying below the high water mark thereof. First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: 3 10. Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the Tualatin River or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 11. Covenants, conditions, restrictions and easements in the document recorded January 10, 1884 as Book "T', page 515 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 12. Restrictive Covenant to Waive Remonstrance, pertaining to customarily (commonly) accepted farm or forestry practices, including the terms and provisions thereof, recorded July 28, 1997 as Fee No. 97068876 13. Conditions, Restrictions and/or easement contained in and imposed by Special Use approval 97- 203-AD, including terms and provisions thereof. Recorded: August 05, 1997 as Fee No. 97072329 14. Right of Way as dedicated in Deed, including terms and provisions thereof. Recorded: August 11, 1997 as Fee No. 97073905 15. Restrictive Covenant to Waive Remonstrance, pertaining to road improvement/maintenance, including the terms and provisions thereof, recorded August 11, 1997 as Fee No. 97073906 16. Easement, including terms and provisions contained therein: Recording Information: May 04, 1999 as Fee No. 99054630 In Favor of: Washington County For: Slope and drainage Affects: Parcel I 17. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William B. Kenny and Norma B. Kenny, husband and wife, Oregon Azaleas Inc., a Corporation Grantee/Beneficiary: Northwest Farm Credit Services, FLCA, a Corporation organized under the Farm Credit Act of 1971, as amended Trustee: Landamerica Lawyers Title, a Corporation Amount: $760,000.00 Recorded: May 16, 2003 Recording Information: Fee No. 2003-078071 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded June 19, 2009 as Fee No. 2009-055982, November 04, 2009 as Fee No. 2009-096649, December 07, 2010 as Fee No. 2010-098691 and November 15, 2011 as Fee No. 2011-080410 by agreement recorded August 23, 2012 as Fee No. 2012-069467. First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: 4 Modification and/or amendment by instrument: Recording Information: August 23, 2012 as Fee No. 2012-069468 18. Mortgage and the terms and conditions thereof. Mortgagor: Oregon Azaleas Inc. and William B. Kenny Mortgagee: The United States of America, acting through the Farm Service Agency, United States Department of Agriculture Amount: $210,150.00 Recorded: June 19, 2009 Recording Information: Fee No. 2009-055982 19. Mortgage and the terms and conditions thereof. Mortgagor: Oregon Azaleas Inc. and William B. Kenny Mortgagee: The United States of America, acting through the Farm Service Agency, United States Department of Agriculture Amount: $125,000.00 Recorded: November 04, 2009 Recording Information: Fee No. 2009-096649 20. Mortgage and the terms and conditions thereof. Mortgagor: Oregon Azaleas Inc. and William B. Kenny Mortgagee: The United States of America, acting through the Farm Service Agency, United States Department of Agriculture Amount: $126,896.64 Recorded: December 07, 2010 Recording Information: Fee No. 2010-098691 21. Mortgage and the terms and conditions thereof. Mortgagor: Oregon Azaleas Inc. and William B. Kenny Mortgagee: The United States of America, acting through the Farm Service Agency, United States Department of Agriculture Amount: $210,250.00 Recorded: November 15, 2011 Recording Information: Fee No. 2011-080410 22. Easement, including terms and provisions contained therein: Recording Information: February 03, 2014 as Fee No. 2014-006174 In Favor of: Portland General Electric Company, an Oregon corporation For: Electric Line 23. Pursuant to ORS 93.808, the municipality purchasing the land described in this report/commitment must acknowledge its acceptance of the purchase either by signing the conveyance deed or by executing a separate acceptance document. 24. Unrecorded leases or periodic tenancies, if any. -END OF EXCEPTIONS- First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: S INFORMATIONAL NOTES Property Address: 16147 Southwest Roy Rogers Road and, 17180 Southwest Lasich Lane, Sherwood, OR 97140 NOTE: This report does not include a search for Financing Statements filed in the office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the office of the County Clerk(Recorder) covering fixtures 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 book. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of$1.00 per thousand or fraction thereof on the transfer of real property located within Washington County. NOTE: Taxes for the year 2014-2015, paid in full. Tax Amount: $5,312.00 Code No.: 023.04 Map &Tax Lot No. 25118-00601 Property ID/Key No. R528389 NOTE: Taxes for the year 2014-2015, paid in full. Tax Amount: $681.82 Code No.: 023.04 Map &Tax Lot No. 25118-00601 Property ID/Key No. M2075383 (Affects mobile home) THANK YOU FOR CHOOSING FIRST AMERICAN TITLE WE KNOW YOU HAVE A CHOICE! First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: 6 First American Title Insurance Company of Oregon 44_4- SCHEDULE OF EXCLUSIONS FROM COVERAGE 1.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses 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.This Exdusion 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. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims, or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 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 out 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 imposed 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 Covered Risk 11(b). 2.American Land Title Association OWNER POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage, costs,attorneys'fees,or expenses 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; (a)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.This 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. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed,or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 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 imposed 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. First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: 7 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: PARCEL I: A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet, more or less, to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19'28" East, 546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed Book 754, Page 282, Washington County, Deed Records; thence North 00° 19' 28" East, 356.97 feet; thence North 88° 50' 25" East, 91.65 feet; thence South 00° 19' 28" West, 358.82 feet; thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19'28" East, 546.52 feet; thence East 60.00 feet; thence South 00° 19' 28" West, 546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast one- quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: First American Title Preliminary Report Order Number: NCS-744087-0R1 Page Number: 8 Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the bank North 20° 45' 32" West, 35.75 feet; thence North 36° 59'20" West, 21.37 feet; thence North 21° 27'20" West, 12.19 feet; thence leaving said top of bank, North 84°59'44" East, 322.83 feet; thence South 00° 19' 28" West, 90.00 feet to the point of beginning. First American Title "" F. " First American Title Company of Oregon .` National Commercial Services 200 SW Market Street, Suite 250 Portland, OR 97201 ESCROW AGREEMENT (SALE) Escrow No. NCS-744087-0R1 Seller: William B. Kenny Buyer: City of Tigard, an Oregon municipal corporation Property Address: 16147 Southwest Roy Rogers Road and, 17180 Southwest Lasich Lane Sherwood, OR 97140 TRANSACTION INSTRUCTIONS To First American Ttle Insurance Co. hereinafter "Escrow Agent" Property Description: As set forth in Preliminary Title Report issued by First American Title Insurance Co. Order No.NCS-744087-OR1, dated August 17, 2015, a copy of which has been read and approved by Seller and Buyer. SELLER deposits with Escrow Agent, pursuant to these instructions, the following: 1. Fully executed Statutory Warranty Deed in favor of the buyer (to be held until fulfillment of contract by collection escrow) 2. Fully executed Commercial Owners Affidavit 3. Fully executed Preliminary Statement regarding exempt Status 4. Fully executed Written Affirmation for an Oregon Real Property Conveyance 5. Read and approved Preliminary Title Report 6. Fully executed 1099-S 7. Fully executed Sellers Certification of Non-Foreign Status 8. Fully executed Certificate of Water Right Ownership Update from 9. Fully executed Memorandum of Contract of Sale 10. Fully executed Memorandum of Lease 11. Fully executed Lease 12. Fully executed Assignment of Lease 13. Full executed Collection Escrow Instructions to Santiam Escrow, Inc. with reserve instructions and auto payment 14. Proof of termination of Oregon Azalea Lease(s) And authorizes delivery, release, and recording of documents when you hold for the account of the Seller the sum as shown on the attached Estimated Closing Statement payable to Santiam Escrow, Inc., and, further authorizes credits and deductions as set forth on the attached Estimated Closing Statement. BUYER deposits with Escrow Agent, pursuant to these instructions, the following: 1. The sum as shown on the attached Estimated Closing Statement 2. Fully executed memorandum of Contract of Sale 3. Fully executed Memorandum of Lease 4. Fully executed Lease 5. Read and approved Preliminary Title Report 6. Fully executed Assignment of Lease 7. Fully executed Collection Escrow Instructions to Santiam Escrow, Inc. with reserve instructions and auto deposit And authorizes delivery, release and recording of documents when you are prepared to: 1. Issue a Prucaser's Title Insurance Policy (ALTA 2006) in standard form in the amount of the sales price insuring purchaser as the owner of that certain real property described above, subject to exclusions, conditions and stipulations as contained in the policy and special exceptions #1 - 17, 22 and 24 as appear on the preliminary title report above. And, further authorizes a) recording and/or release of any documents required by or on behalf of parties, including, without limitation, to recording prior to the receipt of loan proceeds; b) credits and deductions as set forth on the attached Estimated Closing Statement. Sellers and Buyers herein understand that the assessment roll and the tax roll disclose that the within described premises were specially zoned or classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. AUTHORIZATIONS COUNTERPARTS: These instructions may be signed in counterparts. Escrow Agent may consider, upon receipt, all duly executed counterparts to be a single instruction. FAX: Escrow Agent is authorized to complete all necessary actions set forth herein upon receipt of a signed facsimile (FAX) of these instructions without receipt of original signed instructions. ELECTRONIC TRANSFER: Escrow Agent may, in its discretion, receive and/or disburse any funds in connection with this agreement by electronic (wire) transfer. If required by any of the parties to utilize this method of transfer, the requesting party agrees to pay any reasonable fee as assessed by Escrow Agent for this service. DEPOSITS: All checks, money orders or drafts will be processed for collection in the normal course of business. All funds required to close must be payable to First American Title Insurance Co. and must be collected funds, as required by Federal and State of Oregon statutes and regulations prior to the Escrow Agent's disbursement of any sums. Escrow Agent may commingle funds received by it with escrow funds of others, and may, without limitation, deposit such funds in its custodial or escrow accounts with any reputable trust company, bank, savings bank, savings association or other financial services entity. It is understood that Escrow Agent, except by virtue of separate signed instructions as required by State of Oregon regulation, shall be under no obligation to invest the funds deposited on behalf of any depositor, nor shall it be accountable for any earnings or incidental benefit attributable to the funds which may be received by Escrow Agent while it holds such funds. The undersigned are hereby informed that Escrow Agent deposits all funds into a non-interest bearing account and receives or may receive certain credits and benefits including, without limitation, checks, deposit slips, data processing and account services from or through various financial entities as a result of the banking relationships maintained in the regular course of its escrow and title insurance business. The undersigned hereby waive any and all rights or claims with respect to such credits and benefits received by the Escrow Agent or any affiliates thereof. A good faith estimate of the benefits received by Escrow Agent is $30.00 per escrow transaction. This disclosure is made in compliance with Oregon Administrative Rule 863-50-065. Any funds remaining on deposit after closing or refunds received by Escrow Agent will be refunded to the party whose account was charged. No further instructions will be required by any party prior to the disbursement of any such refund by Escrow Agent. Escrow Agent will retain any excess funds after disbursement as part of the closing of this transaction. Escrow Agent will charge an accounting fee for each month such funds are held after one (1) month, in the event the person(s) entitled to such funds cannot, after reasonable and diligent effort, be found. Escrow Agent may charge a reasonable fee for replacement and/or stale dated checks. Page 2 of 5 Rene Moody/rm/09/10/2015/NCS-744087-0R1/5031 COPIES: The undersigned authorize distribution of these escrow instructions and/or estimated or final closing statements prepared on my behalf to any designee, real estate broker/agent or lender identified in this transaction. CLOSING: Closing is defined, for purposes of this agreement, as the time of the recording of all documents as required by the parties herein. Escrow Agent shall be entitled to payment of all fees charged for services provided at the time of closing. Any funds held for satisfaction/release of liens and encumbrances or to meet other conditions of this escrow may be transferred from this escrow account to an appropriate department or escrow for subsequent processing. AGREEMENTS ARBITRATION: Except as noted below, if any dispute or claim arises out of or relates to this escrow agreement, or to the interpretation or breach thereof, Escrow Agent may, at its election; a) hold all matters in its existing status pending resolution of such dispute or; b) it shall be resolved by arbitration in accordance with the then effective rules of the Arbitration Service of Portland, Inc. or the American Arbitration Association, which ever is selected by the party which first initiates arbitration, and any judgment rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. INTERPLEADER: Escrow Agent shall have the option of interpleading funds in the Circuit Court of Oregon, including the Small Claims division of the same, as may be appropriate, in the event of a dispute regarding the disposition of any funds held by Escrow Agent. ATTORNEY FEES: In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or which is based thereon, the prevailing party shall be entitled to reasonable attorney's fees in connection herewith. The determination of who are the prevailing party and the amount of reasonable attorney fees shall be decided by the arbitrator(s) or by the court as may be appropriate. LIMITED POWER OF ATTORNEY: The undersigned hereby grant Escrow Agent Limited Power of Attorney to correct and initial all typographical or clerical errors discovered in any or all of the closing documentation required to be executed by any of the parties hereto. In the event Escrow Agent exercises this Limited Power of Attorney, a copy of the Document(s) corrected and/or initialed will be sent to the affected party. EXCLUSIONS COMPLIANCE WITH VARIOUS LAWS OR STATUTES: Escrow Agent has no liability or responsibility with respect to any matters connected with the following (unless expressly authorized herein or by separate written instructions acknowledged by Escrow Agent); 1. Compliance with the requirements of the Consumer Credit Protection Act or Interstate Land Sales Act, or similar laws; 2. Compliance with the requirements of the Oregon Revised Statutes 537.330 (relating to water rights), 537.788 (relating to well information), 448.271 (relating to well testing) and any similar laws; 3. Compliance with Oregon Laws 2001 Chapter 311 (relating to cautionary notice or other information as applicable regarding potential construction liens) 4. Compliance with the obligation to disclose the existence of lead based paint as required by federal regulation 24 CFR Part 35 and 40 CFR Part 35 et seq and any other related statute or regulation; 5. Compliance with, collection, withholding, reporting or payment of any amounts due under Section 1445 and 6039C of the Internal Revenue Code, as amended, regulations adopted there under, and any other related statute or regulation (Foreign Investment in Real Property Tax Act, commonly referred to as FIRPTA). Notwithstanding the fact Escrow Agent assumes no liability or responsibility to the parties for compliance with FIRPTA, Escrow Agent reserves the right to take any action required by such law and/or regulation without further instructions of the parties. REPRESENTATIONS Page 3 of 5 Rene Moody/rm/09/10/2015/NCS-744087-0R1/5031 UTILITIES: The undersigned acknowledge that water, sewer, waste collection, electricity, and other utility charges and inventory for fuel, including any final billings will be adjusted outside this escrow by the respective parties and Escrow Agent shall have no obligation or responsibility for such adjustment. DOCUMENTS: The undersigned acknowledge that they have and shall have a continuing obligation to cooperate with Escrow Agent in good faith to enable Escrow Agent to fulfill its responsibilities under this agreement. Such obligations shall survive the closing of the transaction described herein and shall include, without limitation, the obligation to; a) disclose to Escrow Agent any liens, encumbrances or any other rights, claims or matters known to the parties which affect or relate to the property and transaction referred to in this agreement, and b) return to Escrow Agent for proper disposition any fund, documents or other property which are, for any reason, improperly or mistakenly released to any persons. PRACTICE OF LAW/ADVICE: The undersigned acknowledge that Escrow Agent is not licensed to practice law and that Escrow Agent's duties and obligations under this agreement are limited to those of an escrow holder. The undersigned have not been referred to a any named attorney(s) or discouraged from seeking the advice of an attorney but have been requested to seek legal counsel of their own choosing, at their own expense, if they have any doubts or questions concerning any aspect of this transaction. OTHER OBLIGATIONS: The undersigned acknowledge that, to the extent other obligations exist between them as a result of this transaction that are not specifically set forth herein, they are individually responsible for the execution thereof and Escrow Agent is only obligated for matters specifically set forth in this agreement. REVIEW: The undersigned acknowledge that they have been afforded adequate time and opportunity to read and understand the escrow instructions and all other documents referred to herein. YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL 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. Dated September 10, 2015 City of Tigard, an Oregon municipal corporation William B. Kenny �- By� Name: 100.4-44.a L. Wlne. Title: CAI 1.04.v3rr Page 4 of 5 Rene Moody/rm/09/10/2015/NCS-744087-0R1/5031 / , , 'i , er / re Insur.nce Co. I / t ,/ /// By: "arra ic!V% Page 5 of 5 Rene Moody/rm/09/10/2015/NCS-744087-0R1/5031 Pride Delivery Service LLC 71335 V DATE #PIECES CHARGE O 971-279-5160 FirstAmericanTitle/250 9/15/15 1 PICKUP AT CONTACT SPECIAL INSTRUCTIONS First American Title/250 Tracy H ADDRESS PHONE 200 SW Market Street 250 503.795-7600 CITY ZIP CODE Portland 97201 ROUND TRIP TOTAL WEIGHT DELIVER TO CONTACT No 1 lbs. Jordan Ramis PC c6)c►r• OIScsY, READY TIME ADDRESS PHONE 9/15/15 11:44 2 Centerpointe Drive 6th Floor A RA SERVICE TYPE PACKAGE TYPE CITY ZIP CODE 3 hour envelope Lake Oswego 97035 DRIVER#PICK/DEL REFERENCE SIGNATURE(PLEASE PRINT) 744087 RM X th RECEIVED HAND DELIVERED SEP 15 2015 Jordan Ramis PC Attorneys at Law TIME l,'l Pride Delivery Service LLC 71335 DATE #PIECES « CHARGE O 971-279-5160 FirstTAmerican Title/250 9/15/15 1 PICKUP AT CONTACT SPECIAL INSTRUCTIONS First American Title/250 Tracy H ADDRESS PHONE 200 SW Market Street 250 503.795-7600 CITY ZIP CODE Portland 97201 ROUND TRIP TOTAL WEIGHT DELIVER TO CONTACT No 1 lbs. Jordan Ramis PC S 01 Ser--. READY TIME ADDRESS PHONE 9/15/15 11:44 2 Centerpointe Drive 6th Floor A KA SERVICE TYPE PACKAGE TYPE CITY ZIP CODE 3 hour envelope Lake Oswego 97035 DRIVER#PICK!DEL REFERENCE SIGNATURE(PLEASE PRINT) 744087 RM X th 1111 City of Tigard = RECORDS TIGARD New Records Transmittal Department: Public Works Division Code: 6000 Date: 9-23-15 Prepared by: Sherri Russell Extension: 2591 Dept. Box No. Description Dates Retention Code Real Property Transaction Records 2012-2013 166-200-0215 (11) Lasich Lane Property Minimum retention: Miscellaneous Correspondence 10 years after transaction completed and final audit accepted. ***TO BE COMPLETED BY RECORDS DIVISION STAFF *** Laserfiche ❑Yes 0 No Vault ❑Yes 0 No Entered by: Date: I/Design and Communications/Records/New Records Transmittal—1/6/11