Loading...
10512 SW TUALATIN DRIVE AMAAM�MKMAJKA ow 10512 SW TUALATIN DRIVE a� 9 n ro m r� U1 O i W IWIWANWW' August 3, 1987 CITI�OIF `TIGARG OREGON t.r . Ken Waymirce 25 Years ofSen&.-e 10185 SW Riverwood Lane 1961-1986 Tigard, OR 97724 Tear Mr. Waymire: Yuu recently contacted thi.i office regarding "he issuance of a sewer permit issued to Mr. Nesvold (10512 SW Tualatin Dr. ) You ind`.cated a concern that a $3,000 "In Lieu of Assensment" fee herd not been collectlad, and questioned why Mr. Nesvold was not charged. I wrote Mr. Nesvold regarding this issue, and he provided an agrLeemt.;it document between you and Mr. Nesvold involving the property in question. A part of t:he agreement was that sewer would be )rovided t - the Nesvold property . This agreement would appear to constitute a form of participation because it is a c•indition of development providing sewer to the property. 'therefore, the $3,000 fee is not charged, Tf you have any questioos, please call me at 639-4171 . Sincerely, I Brad Paast 90diiig Official cs/0339D 1312F,SW Hall Blvd,PO Box 23397,Tigard,Oregon 97223 (503)6":19_4471 ------—---— ----- i CITY OF TIOA- M OREGON July 21 , 1987 \ 75 Years o(SeMce i ,e 1961-1996 Mr. Reuben Nesvold 10512 SW Tualatin Drive Tigard OR 977.24 i Dear Mr. Nesvold: A. sewer permit was recently issued to you for connection of your residF�nc_e to the public sanitary sewer. There was, however, an oversight regarding the issuance of the permit which needs to be resolved. There is a $3. 000.00 "In Lieu of Assessment" fee that must be paid by any � property,connecting to the public sewer, which has not pp.rticipated in the E�Xteiks;.on or construction of a public sewer line. IIrj order to avoid the $3, 300.00 payment , proof of participation must be provided to this department . In this case, a letter from the developer of the Dover Landing subdivision stating yol:r property participated in the sewer construction would be sufficient . Please forward the ne(-essary document or a check for $3, 000.00 as soon as possible so this matter m-iy be resolved - Sincerely, Brad Roast Building Official BCR/.Ido 1,-,;25 SW Hali Blvd.,P O.Box 2.3307,Pgaij,Oregon p7223 -- W W :•�,yxl ,J P.0.&x ?3 T1 CITY OF TIGAeRD PIXM 8i NG '�Sbgmud CR 9 M"d .,. "' 'l�p"Caty°'tatdt hou uNWn 24m atlrsrr W wn&,c a oxrrb+n5 PERMIT Uissnae or aalalt be rvapeft owmftp lraror na outjide h�i . .d MMrlapWewrl Pleur*P".. No FINN td s/�.� map. �(e��'f/1.� _�,_ nR i 11!1•' �_ C�11N1 pR1i.E . Addreea FIXTURES l.al Sim* Subdvlsion Sk* 750 -_` or rwrieaof business) 7.b0 — Tub or Tubrshower Comb 1.50 ess - Shower Only _ -- 7.50 Owner ie _-- ZIP W.+«c ia" - - -- --- 7.50 D Sh-rasher 7.50 —.._-- Phone Garb&"Disposal -----7--50- -- --- -- Nan* 7 — Was"Mactune 50 tJrwr� Floor Df on - - -- - — 7.5C - "' _.!_�lf<51AA__tj----- ---- - -- — 7.50 Address Phone Water Meaier Occupenl p�, 12- v W�u -/�i A� 11� -Laundry Hoorn Tray -- 7.50 _ `� �y 7.50 _ I 6."[--, � Other FWkxee(Specity) 750 7.50 — Addrm += 7.50 [4181010 ltrGaractor WSCEU ANEOUS (Ay MA Tax No Mi P�:(7Ms SawM-N Addq,100 15.00Board No. waw s.nlo.lel+ar 0 _ m.00 _ I herby acknowledge Meal i have read Mils appik allon fete Mea kitarn600n Wow Servloe s>•Addd r 15.00 U plran is oonack feat I am niyalaiered vft to sora Suedees 0011rd,and also Slone a Rain Oraln lot 100• 50.00 hWm a Slate P'k+Tt"Ilmoo Mute fes rumbas UK'"at*oorract.Mete NM t5.00 piw.*Aq work wf b*done in aomdlsme wile appScabis provinkow d rak+ Ore- Slo►.n A P-in DAddll.100' ^�— qon RevWW SWAas CtupMra 417 and M3 and appllrmble codas and M+ar Mobs a Moore spas 25�00-- — no hep wtf be anrpkv&d aeteea I,- , under ORS 504 (f OW1 kom — f ands'raphkafon.please givre team below) Seale MY&Pra#wftn h'OMEOM"Wn-1 im"oarlify to I am Mw owner of Mee properly d&- D evim a ArOftil llonDevk+i 7.50 euMled above.M va id 1-110n 1 proposo to maks a pkanbkq u waft" for Any TrooW W"llo w rlir owr un and tech property Is nol bakq consttxAed tar asks.Ieaae or rent Oorwocfe o e Fbwm -- 7.50 _ C4whOmmin ---7.60 of UK nM __—_ 40.00 Per_ — — llequwlte0"pabone L 40.40 pow — _,� an Er aft. _._ %00 tarn —'• --- Oair /Mw i�l �er SuN AWX n �n — wont -woo?) Kllsh mc) WN NangqAtfvpek .d tl�ieill —� � 15.E adav mmA rq aprrlpodc[3•~ 57, IltAalO >Sisr15IMIMsfrlriAelaNMar e . �,UC�C�Kl�� lJ QIZd.�.O�I.�GC:LU1�Ii C7 Cl 101Gu S.W. RI'VERWOOG LANE TIGARD, OREGON 97223 (503) 020-8729 6-15-87 DATE DATE --_--_------------_--- TOMr.. Brad Roast REPLY — City f Tigard - -- --P. 0, Box 23397 Tigad, OR 97223 Re- sewer permits on Dover Landing sub- lord amount of tirrx I would hav d;vision. check. If you unders:.-)ed my --query to be why �+tt r-stteig Mr. Hagman seems to have the wrong issue in and such permit , you MISLInderstod -mind-j ere--we certainly- have no objection o '— "" we connections to the public sewers and do our you used for fee e Aa')li.ehrr,rnt. best n prov ,.Finn s e a e,ra7 s specitica=y — — for this—we -are anxious to facilitate hook up in any way. —OUur^ ob ed cions waste the - —`— fee amount charged. Those that don't part- icipate art- e pa •e pay more. if ,.o�1- c. ClOL11 Cap - -- -------- didn't pay the larger fee, they certainly shoilei Roberta Wayndre ave, if they n par c pate. er s ,:IGNED_--_-- -----—.— --,--_--- SIG NELI —�_ _--.- CITY OFTWA R® OREGON June 11, 1987 25 Veors �f Service 19'614986 Waverly Construction Co. 10185 S.W. Riverwood Lane Tigard, OR 97223 Attn: Roberta Waymire Dear Mrs. Waymire: c^,ith regard to your letter of reference to sanitary sewer pt?rmit number 33449 (S.J. Phillips) ; Lot #15 of Cloud Cap subdivision was issued a permit to facilitate its connection to the public sewer which was required by -the City to be constructed for the express purpose of serving each lot within said subdivi^ion. With regard to your, recent query(s) relative to 'why have you issued such and so sewer connection permit' , please be aware that sewer con- nection permit, are rpt issued by me; they are issued by the City Buldi.ng Official, Mr.. Brad Roast. So, if you have any questions there- inregard please direct such to the proper office. I've routed your letter cf. June 10th,, 1987, to Mr. Roast. Sincerely, "ohn S. Hagman &gineering Technician Enciineering Office JN/mj i 13125 W'Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639 4171 _^-- CITYOF TIG,AR® July 10, 1987 OREGON 25 Wears of Seroce 1961-1966 Mr. Reuben Neavold 1051.2 SW Tualatin Drive Tigard, OR 97224 Dear Mr. Neavold' A sewer permit was recently issued to you for connection of your residence to the public sanitary sewer. There was, however, an oversight regarding the Issuance of the permit which needs to be resolved. There is a $3,000.00 "In Lieu of Assessment" fee that must be paid by any property connecting to the publ.1c sewer. , which has not participated in the extension or construction of a public sewer 'line. 'n order to avoid the $3,000.(10 payment, proof of participation must be provided to this department. lr this case, a letter from the developer of the Dover Landing Subdivision stating your property participated in the sewer construction would be sufficient. Please forward the necessary document or a check for $3,000.00 as soon an possiole, so this matter may be resolved. .'sincerely, Brad Reast Building Official Blt:cn/0021D 13125 SW Nall Blvd.,P.O.Box 23397, rigard,Oregon 97223 WIN 10186 S.W. RIVERWOOD LANE TIGARD, OREGON 97223 • (603) 620-8729 KENNETH L. WAYMIRE June 10 1987 Mr. John n City igard _ P. Box 23397 7 '.rJ Bard, OR 97223 rf� Re: sewer permit issued to Kenneth Nesvold f )k up to the hover Landing line. Dear groan: You have issued a Sewer permit to Kenneth Nesvold to hook up to the Dov?r Landing line though he did not participate in the line extension cots. I believe the reason given for allowing S. Jearine Phillips to be charged the lesser fee was that she was included in t}t ,,)lat, though she dii not participate in the line costs. Why was Mr. Nesvold not charged the surcharge? He was not included in the plat. Very my yours, Roberta Waymire RW/s cc: USA Roger Anderson i 1FEWR SEWER PERMIT 33447 I Unitied Sewerage Agency CITY OF Tigard 5-21-87 of Washington County DATE — OWNER : Reuben K & Elizabeth J . Nesvold PHONE : 639-2519 OWNER' S ADDRESS: 10512 SW Tualatin Drive(was 1.6590 SW 108th) TYPE OF INSTALLATION: 0 BUILDING SEWER ❑ LINE TAP AND BUILDING SEWER ❑ LINE TAP ,TYPE OF OCCUPANCY : ❑ NEW 0 EXISTING © SINGLE FAMILY ❑ COMMERCIAL ❑ MULT. RES. ❑ INDUSTRIAL FIXTURE UNITS ___,_ DWELLING UNITS 1 ADDRESS OF STRUCTURE : 10512 SW Tualatin Drive, 97224 Permit Conditions: :e applicant agrees to comply with all rules and regulations of the Unified Sewerage Agency. When calling for an inspection, please refer to the Permit Number. The Permit expires one hundred twenty (120) days from the date of issuance. The toial amount paid (permit fee, connection charge line tap fee and/or other charge) will be forfeited if t e permit expires. The Agency does not guarantee the accuracy of the location of side sewer laterals. If the sewer— is not located at the medsu ement given, the installer shall prospect three feet in all directions from the distance given. If not so 'ocated, the installer shall purchase a "Tap and Side Sewer" Permit at the current charge and the Agency will install a lateral. FEES: PURMIT FEF $ 35 . 00 CON"JECTION CHARGE ouse built 1957 LIN,: TAP INSTALLATION ISSUED BY OTh,ER TOTAL s 335.00 DATE OF I �SU N D::TE OF EXPIRATION SEWER PERMIT ADDRESS OF STRUCTURE � 10512 SW Tualtin Drive 97224 TAX MAP jcl _IrAr -- r 01 -- A _..1_ DO QUARTER - SECTION — L0T BLOCK — - OF A''l'ROVE Bir' DATE _-~ ISSUED BY— DATE OF ISSUANCF 4" pp R E MMA R KS ie required_ - /c. f0EA1 tic'. 11141—OPTION ON REAL ESTATE—Closir-In Escrow. _ -V[NR.N[{! LAW euouoNiNO r0„PORTLAND.OR.07704 OA r— -- _-- ------ 8U-4, 805S ' t' XNOW ALL MFN BY TNFSE PRESENTS, That ..Reuben K. NesvolCL and- Elizabeth __......... _�..ean.._Ne_syold.................. . hereinafter called the owner, in consideration of $250.0.A0...(.noae.l.. to him paid by ....Wavexly..cons.t.T'uction... ...Co._..Icu:......wi..fir egon..co rporati on.......................... .......................... ..............----.............................................................., hereinafter called the second party, the receipt of which hersby is acknowledged by the owner, has given and granted and does hereby give and grant unto ti-e second party the sole, exclusive and irrevocable right and option for a period i commencing this date and ending the ...30th............... _day of ...Max-h................. .............., 19.86. (hereinafter for brevity called the expiration date) to purchase the folio ving des.ribed real property in ..-Washi.ngt.on_.. .......... ..... County, State of ...... .-.Oregon................._. .. ., to wit: Tax Lot 200, comprising 3.06 acres, more or less, and the North 13r feet of Tax Lot 10u, in the Willowbrook platting. I I at and for a price of $._TT,a Q0..00 payrble at t1- s and in the manner following: The note shill be redeemed in cash 45 n option coney signing. The balance of the purchase price ($74,700.00) shall be pa.Ld in full on Marcn 30, 1986. The note is payable in 45 days even if permits or financing are not available. This option is contingent upon obtain�.ng financing from a suitable lending agency. Please see Addendum A attached. i /t the second party elects to exercise this option, he shall deliver written notice thereof , the owner on or befora the said e,:pira- p tion date: slfed)Q741dDESCD�0E21.3f1:kOLOWQ�d1[OU1fAC�lM71Jt91ltEGlt$RArJh][761[]6aEXdCNiE1i)UfbC' 1AK�fr�G71X }(J4�1L7CAfiXIYiX`b1GXXrXJX7GiLsi}1. +/x $ Xxxxx".XXXXMCa(6CXXMSNDt)OX) ff1t.7tLE?E%ll[$EJ¢DC K In lieu of making mencen/ delivers, of .said notice aM. FAaPCthe second party may place the same in a sealed envelope nr/dressed to the owner at the addres oppo!RHr his signature below, said envelope- then to be deposited in the United States registered mnils, with postage thereon f.diy prepaid, and delivered at the owner's said addre-s on c " fore said expiration date. 1 i If this option is exercised, then for the purpose of closing the sale and purchase of said premises, the parties hereto hereby cop, stitute an appoint _First- ,American..Title.-Corrpany_.._. as their escrow ag- ,t. Within live days after the delivery of second party's said notice of election to purchase, the owner shall de. his deed with said escrow agent and the second party shall deposit with said escrow agent all sums of money required by the above ter o/ said sale to he paid by hill, on the delivery of deed, together with all written instruments, fully executed, whatsoever required of him at said time. The owner's deed mentioned above shall be a good and sufficient warranty deed conveying said described property. to the second party, his heirs and assigns, tree of all incumbrances excepting zoning ordinances, building, use and other restrictions record and the following incumbrances: access easement across the North 40 feet of Tax Lots 100 and 200. r THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INS'IRUMENT, THE PERSON ACQUIRING FEE TITLE TO THF. PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Upon said deposit in escrow bein/, made, the owner and the second party shall execu'e and deliver to the said escrow agent suit- able and appropriate escrow instructions which shall direct and authorize said escrow agent to deliver the owner's said d,red to the order of the secrnd party to deliver to the order of the owner the moneys and w-;Iten instruments so deposited by the secord party as soon as the owner has deliverer' to the escrow agent for the grantee named in said deed a policy of title insurance issued by a reputable title, insurance company authorised to do business withi.s the State of._...9roagOn.. ,insuring(in a sum equal to said op- tion price) the owner's marketable title in and to said real estate, free and clear of all incumbrances whatsoever excepting only those above stated and the usual printed exceptions. Should said option be exercised and should either party hereto /all to deposit the written instruments and the moneys required of him to be deposited pursuant to the foregoing terns and conditions,or should the owner left to deliver to the escrow agent said title insurance policy within fifteen days after the execution and delivery of said escrow instructions, each party may withdrew from escrow all moneys and written instruments previously deposited by him. All adjustments between the parties relative to taxes, insurance premiums, interest, rents and othar matters shall he made as of the date of delivery of deed out of escrow; the expense of reverue stamps, title insurance and preparation of deed shall be borne by the owner; the lees and expenses of the escrow agent shall be shrtred equally between the owner and the second patsy. The owner covenants and agrees to and with the second p•rty that he is the owner of said property and has a valid rigla to sell and convey the same and to contract so to do. This document is an option and nothing more than an option and does not pass to or vrest in the second party any right, title or interest whatsoever in or to the said described real estate. In the event that the second party does not so elect to exercise his said option within the time and in the manner stated, time being of the essence hereof, this instrument forthwith shall becorne null and void and of no further force or effect. This contract shall bind and inure to the benefit of, as the circumstances may require, not only the immediate parties hereto but their respective heirs, administrators, executors, successors-in-interest and assigns as well. It is understood that either party hereto may be more than one individual or a corporation; therefore, the parties hereto agree that it the context and the circumstances so require, the singular as used herein shall mean end include the plural, the masculine pro- noun shall mean and include the feminine and the neuter and that generrrly all Irnmmaf;cal changes shell be assumed, made or im- plied so that the provisions of thin agreement shall apply equally to individuals and to corporations. IN WITNESS WHEREOF, the owner has hereunto set s hand on .... GtobeL'.._...... 3I Ig 85•,., ... ... ..... .. ....t....... ... . . ............. ... ............. . .s............... t............ 530..5.... ....1.08th.,...Tigard..Qr13.............................. .........................639.:25.1.9......................................................... -owneR R ADDReser IMPIJRTANT NOTICE: If the one who gives the above option is a creditor and the one to wl.orn It Is given is a rustomer as those words are de- fined in the Truth-In-lending Aot and Regulation Z, legal advice should be obtained as to whether Disclnsures anti other notices are required — and when. For a Notice of Right of Rescission see Stevens-Ness Form No. 1301 and for a Notice of Non•Restission, Ferris No. 1303. STATE OF OREGON, ) STATE OF OREGON, County of...... ...... ..........................._....._. )se. ss County of . W8811j.L1$toA _.._ . ...................................... 19................ _ ) _ OctQber 31..". Personally appeared ........................ .............__....... _._ and Per-,-nilly appeared the above named ....... .......................... ................... . _.....who, being duly sworn, Reutlen. K. Nesvold and Elizabeth each for himself and not one for the other, did say that the former Is the JelLn,,.Hesvold ............................ ... ........ ......... president and that the letter is the A'••,, ........ . . ....... secretary of . . — .. ... �. and acknowledged the foregoing instru- mens to hb, a corporation, their voluntary act and deed. and that the seat affixed to the foregoing instrument is the corporufe seal of said corporation and that said instrument was agned and sealed in be- t': ' half of said corporation by authority of its board of directors; and each of .. them acknowledged said instrument to be its voluntary act and deed. •c. (OFFi ►AL // r� Before me: SEA-L-)�yll (OFFICIAL Notary u�or Oregon Notary Public for Oregon SEAL) My commission expires: My commission expires: ' l'�YO ADDENDUM A TO OPTION AGREEMENT BETWEEN WAVERLY CONSTRUCTION CO. iNC.. , AS BUYER A14D KEN NESVOLD, ET UX, AS SELLER 1 . Following signature of this option , Waverly shall proceed in a reasonable manner to process and prepare a preliminary plat with all engineering and survey requirements , and use good faith efforts to obtain finjncing from a suitable lending agency . 2 . Waverly shall be responsible for payment of all application fee-, to the City, all engineering and planning fees- and eesand all other governmental fees necessary to prepare a preliminary and final plat . Nesvolds , as seller , shall sign such applications. where required . 3 . In the even , governmental approval or financing is not obtained , and buyer does not purchase the property, buyer shall promptly deliver to seller all engineering, surveying, plat maps and other documentation and reports which relate to the property . C, 4 . In lieu of the present access , buyer wllj provide a 20 foot driveway , the northerly line of which is 4� feet south of the northerly line of Tax Lot 100 a,id Tax Lot 200 and which proceeds from seller 's garage on Tax Lot 100 in a westerly direction across Tax Lots 100 and 206 to the street to be built thereon by buyer . Buyer will not in-_erfere with seller 's current access to their proper�.y until. such time as the new access is completed , 5 . Buyer will provide and pay for any required changes to seller 's electrical service or telephone service . 6 . Buyer will provide sewer service to seller 's home on Tax Lot 100 . Seller will pay any hook-up fee to the City of Tigard . 7 . Buyer will provide water servie to a meter to be installed on seller 's property. Seller will pay for the meter fee, the cost of hook- up, and the cost for water line from the meter to seller 's home . 8 . If either party necessarily retains an attorney to enforce any provision or right under this agreement against a defaulting party, the enforcing party shall recover from the defaulting party the enforcing party 's reasonable attorney 's fees and other expenses of enforcement . On suit or action to enforce any provision or right under this agreement , the 1 . ADDENDUM A 1627B/RB/jal/10/29/85- 1 f prevailing party shall recover from the other party the prevailinq party's reasonable attorney's fees and other expenses of litigation , including fees on appeal from any judgment or decree . Buyer : Seller : WAVERLY CONSTRUCTION CO. INC. By / ,, "4e, Keriheth L. Way re r,�� _ Oct ywo fb Z T� 1627B/RB/jal/10/29/85-1 OPTION F,XTENSION AGREEMENT This agreement by and between WAVERLY CONSTRUCTION COMPANY, INC . , Purchaser, and REUBEN K. NESVOLD and ELIZABETH JEAN NESVOLD, Sellers , with respect to that certain option agreement Fated October 30, 1985 in which Sellers granted to Purchaser at; option to purchase Tax Lot 200, comprising 3. 06 acres, mule or less , and the north 130 feet of Tax Lot 100, in the Willowbrook platting in Washington County, Oregon, which option agreement included an Addendum A reciting certain additional covenants and conditions , and which option agreement expired March 30, 1986. Wherefore, the parties agree as follows : 1 . The option indicated herein above shall be extende(, from March 30, 1986 to and including November 15, 1986. 2. In consideration of this extension, Purchaser shall pay to Sellers, at such time as Purchaser exercises the option, Lilt not later than November 15, 1986, a sum equal to the interest on the unpaid balance of the,, urc�a�se�rice of the property ($74, 700 . 00 ) at a rate ofi- �r annum from April 1. , 1986 to the date of exercise on November 15, 1986, whichever is earlier . In the event that Purchaser fails to exercise the option, Purchaser shall pay the above interest in full on November 15, 1986. 3 . Parties agree that the cyclone fence currently located on the property to which this option applies is not included in the option agreement and shall at all times belong to Sellers . Sellers shall have responsibility to remove such fencing in the event that the option is exercised, within 50 days of such exercise . 4 . In the event that it shall become necessary for Sellers to enforce thr terms of Paragraph 2 or 3 of this extension agreement, b .- lawsuit or other method of collection, Purchaser agrees to pay Seller ' s reasonable attorney ' s fees, costs and disbursements incurred in any such enforcement or collection. Wherefc , a, t e arties hereto have set their hands this l _ day of ,�� _, 1986 . PURCHASER- SPI,Lj,R S PY''I,Lj,RS �-e-e:. ERLY CONSTRU ' ION COMPANY, RE K N S !��r"`�,G'L���• �,Q��Ct.c.. ^-�--F ��_ =�, //�,�, , ,rte/ ;� ^ ^.�j I EL ABETH JEAN NESVOLD OCA.. Z PAGE 1 . OPTION EXTENSION AGREEMENT 0990)/EAJ/kas/07/3.1/86 r � FORM No. 74—ACIINOWLEDGMENT—CORPORATION. .TEVr.N.-NF.E LAW PIIS.CO..1.ONTLANO.ONE. STATE OF OREGON, l Clackamas ss,County of On this 2 day of October r 19 $6, before me appeared ....... ._ _,. Kenneth L. W- }fit bout to nie p?rsonally known, who being duly sworvi, did say that he, the said Kenneth L. Waymire is the President,"4X%X)dR}6gA �"600< QK of Waverly Wnstructicn Cb., Inc. the within named Cnrporntinn, and that the sea/ affixed to said Instrument is the corporate seal of said Corpora- tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority,of its Board of Directors, and Kenneth L. Waymire XXhdX , riL,�„ acknowledge said instrument to be the free net and deed of said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set ttty lla-V and affixed Illy offici seal the Ud year last above'wriften. Notary Pub/ic for Oregon. Ili onlniis i expires 2/20/88 FORM NO, 23 — ACKNOWLEDGMENT 1 STATE OF OREGON, .IEYENE NEE.LAW IU. C— PORILAIM CIIF. C•nrr,ty of Clackamas BE IT REMEMBERED, That on this 2 day of October 19 86 before nie, the undersigned, a Notary Public in and for said Counts' and State, personally appeared the within named ... ... Reuben,.K•. Nesvold..and..Elizabeth Jean Nesvold known to me to he the Identical individual S described in aril who executed (lie within instrument and acknowledged to in"•0lifit, they ex,_cuted the sante freely and voluntarily. IN TESTIMONY WHEREOF, I have 1•••reunto set rtiy hand and affixed •� .• t11 UIfICIa SPAT lie c in. Y I year last above written. • C Pntnn Public for Orrylon. ><fs C'rnnnlis.i m expires ?/20/88 STATE OF ORFOOV ; SS County of Wesh!ngton I, Donald W Mason, Director of Assessment and Taxation and Ex•Olf!:,io Recorder of Con- veyances for said county, do hereby certify that the within Instrument of writing was received and recorded in book of records of said county. rfl—nlnr rif i Assessment and Taxation, Ex- i< ORiclo County Clerk !! a 1986 OCT 17 PM 2: 34 ., 1OROA Ne. 441--OPTION ON REAL ESTATE—CIesN In Ewew. _ -veNs•Ne_u LAW PUBLISHING CO.,P011TLANG.DIL 0710�— '.� JA i CT`L g &1148n- �..+ KNOW ALL MEN BY THESE PRcSENTS, That ..Reuben..-K.., t4esvold,..and- .Elizabeth.... .... JeanNesvold ................. .......................................................................................... ................. hereinafter caned the owner, in consideration of $25.0.0-00...(.no.te.1.. to him paid by ....Wavarly-iCanstruct-ion... ...Co....Inc..,...an..Qr.egon..car.poration............... ...................................................................................................................... hereinafter called the second party, the receipt of which hereby is acknowledged by the owner, has given and granted and does hereby give .and grant unto the second party the sole, exclusive and irrevocable right and option for a period commencing this date and ending the ...30th. --- -- _. day of .-March.............................. . . 1986._ (hereinafter for brevity called the expiration date) to purchase the following described real property in ...Washingt.on. .................... County,State of ------....Oregon. ---... . to-wit: Tax Lot 200, comprising 3.06 acres, more or less, and the North 130 feet of Tax Lot 100, in the Willowbrook platting. �I I at and for a price of ,6.. , payable at the times and in the manner following: I The note shall be redeemed in cash 45 days from option rnney signing. The balance of the purchase price ( shall be paid in full on March 30, 1986. The note. is payable in 45 da s even if permits or financing are not available. i This option is contingent upon obtaining financing from a suitable lending agency. Please see Addendum A attached. i 11 the second party elects to exercise this option, he shall deliver written notice thereof to the owner on or before Nie anrd expi ra- tion date: til[DQ7Q701dD49Cl�EObIXVWO[D01p)ENIMjj9C}IXJEltEli4(a[7E�fAF�E�61L�Ex�C2fANKAfDC2SRGXOC763 "?�l[tXa�JGX16XrYiX3616XiFx;kx*X�GyWXQX=Xx s XXXXXXXXXXXtX1[QC7EDt iwjt)oxX37f1)l)mxm7Im)tMoL 1n lieu of making manual delivery of said notice PIXMXXM6 Cthe second parry •y place the same in a sealed envelope addressed to the owner at the address opposile his signature below, said envelope then to he sited in the United States registered mails, with postage ereon fully prepaid, and delivered at the owner's said address on c -'d expiration date. W W W If this option is exercised then for the purpose of closing the sale and purchase at said Premises, theParties hereto hereby con- titute and appoint First Americarl. ,Title, Co an .......................................... ......... ........ their escrow agent. Withir live days after the delivery of second party's said notice of Llecii0r, s to purchase, the owner shall deposit as their said with said escrow agent and the second party shall deposit with said escrow agent all sums of money required by the above terms of aid sale to be paid by him on the delivery of deed, together with all written instruments, fully executed, whatsoever required oif him at said time. The owner's deed mentioned above shall be a good and sufficient wairenty deed conveying said descrihpd property_ it) the second party-, his heirs and assigns, free of all incumbrances excepting zoning ordinances, building, use and other restrictions" record and the lollowing incumbr,,mces: of -N access easement across the North 40 feet Of Tax Lots 100 and 200. THIS INSTRUMENT WILL 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 APPROVED USES. Upon said deposit in escrow being made, the owner and I second part)- shall execute and deliver to the said escrow agent suit- able and appropriate escrow instructions which shall direct and authorize said escrow agent to deliver the owner's said deed to the order of the second part), to deliver to the order of the owner the moneys and written instruments so deposited by the second party a., soon as the owner has delivered to the escrou,agent lot the grantee named in said deed a policy of title insurance issued by a reputable title, insurance company authorized to do business within the State of , Oregon ......... insuring(in a sum equal to said op- tion price) the owner's marketable title in and to said real estate, free and clear of all incumbrances whatsoever excepting only those above staled and th,usual printed exceptions. Should said option he exercised and should either party hereto fail to deposit the written instruments and the moneys required of him to he deposited pursuant to the foregoing terms and conditions, or should the owner roil to deliver to the escross, agent said title insurance policy within fifteen days after the execution and delivery, of said escrow instructions, each part), may withdraw from escrow all moneys and written instruments previously deposited by him. All adjustments hetwern the parties relative to taxes, insurance premiums, interest, rents and other matters shall be made an of the date of delivery of deed out of escrow: the expense of revenue s.amps, title insurance and preparation of deed shall he borne by the owner, the fees and expenses of the escro-, agent shall he shared equally between the owner and the second party. The owner covenants and agrees to and with the second parts, that he is the owner of said property and has a valid right to sell and convey the same and to contract so to do. This document is an option and nothing more than an option and does not pass to or vest in flip second parts, any right, title or interest whatsoever in or to the said described real estate In the event that the second party does not so elect to exercise his said option within the time and in the manner stated, time being of the essence hereof, this instrument fi3rthwith shall become null and void and of no further hirce or effect. This contract shall hind and inure to the benefit of, ac the circumstances mar require, not only the immediate parties hereto but their respective heirs, administrators, executors, successors-in-interest and assigns as well. Itis understood that either part), hereto may he more than oar individual or a corporation; therefore, the parties hereto agree that it the context and the circumstances so require, the singular as used herein shall mean and include the Plural, the masculine pro- noun I mean and include the Irminine and the neuter and that generally all grammatical changes shall he assumed, made or im- plied so that the provisions of this agreement shall apply equally to individuals and to corporations. IN WITNESS WHEREOF, the owner has hereunto set hand on 0-C-tober .. I9 85- ....... . ... .. .... .. ...... ... ..... ...... e-e ............... .. . ........ I imp 11-11MINN-H L 108th.,._Tigard..Or.e........................... ............ ............... ....... ­------ IMPORTANT NOTICE: If the one who gives the above option Is a creditor and the one to whom it is given is a customer as those %",d% are do- fined In the Truth-in-Lending Act and Regulation Z, legal advice should be obtained as to whether Disclosures atid other notices are required — and when. For a Notice of Right of Rescission see Stevens-Noss Form No. 1301 and for a Notice of Non-Rescission, Form No. 1303. STATE OF OREGON, STATE OF OREGON, County ci....................................................... jism. Washington_ 19................. County of October 31 .. .........1, 19...8 . Personally appeared .............................................. and Personally appeared the above named" ............................................................................. who, being duly sworn, Reuben K. Nesvold.. and .Elizabeth each for himself and not one far the other, did say that the former is the iean..Iiesvold president and that the letter is the arkrrn%%ledgad the foregoing instru'- ........ ......­­........... ... ..... ...... secretary of .....................................I ......._. . 1 .1 mart kr hs*,. their voluntary act arid deed. , a corporation, and that the sea/ affixed to the foregoing instrument is the corporate seal of said crrporation and that said instrument was signed and sealed in he- hall of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. Before me.- wkSEALJI )-I—) o (OFFICIAL N tars U tic /or Oregon Notary Pohlic for Oregon SEAL) My commission expires: 00� MY commission expires: clh I kic, �� _ _ C-D A11111111111, ADDENDUM A TO OPTION AGREEMFNT BETWEEN WAVERLY CONSTRUCTION CO. INC. , AS BUYER AND KEN NESVOLD, ET UX, AS SELLER 1 . Following signature of this option , Waverly shall proceed in a reasonable manner to process and prepare a preliminary plat with all engineering and survey requirements , and use good faith efforts to obtain financing from a suitable lending agency . 2. Waverly shall be responsible for payment of all application fees to the City, all engineering and planning fees and all ether governmental fees necessary to prepare a preliminary and final plat . Nesvolds , as seller , shall sign such applications where required . 3 . In the event governmental approval or financing is not obtained, and buyer does not purchase the property, buyer shall promptly deliver to seller all enginek '_ng, surveying, plat maps and other documentation and .report: which relate to the property. Kew C-)4/I 4 . In lieu of the present acres , t�uyer w,J,J1 provide a 20 foot driveway , the northerly line of which. is 4Teet. south of the northerly line of Tax Lot 100 and Tax Lot 200 and which proceeds from seller 's garage on Tax Lot 100 in a westerly direction across Tax Lots 100 and 200 to the street to be built thereon by buyer . Buyer will not interfere with seller 's current access to their property until such time as the new access is completed . 5 . Buyer will provide and pay for any required changes to seller 's electrical service or telephone service . 6 . Buyer will provide sewer service to seller 's home on Tax Lot 100. Seller will pay any hook-up fee to the City of Tigard. 7 . Buyer will provide water service to a meter to be installed on seller 's property. Seller will pay for the meter fee , the cost of hook-up, and the cost for water line from the meter to seller 's home . 8 . If either party necessarily retains an attorney to enforce any provision or right under this agreement against a defaulting party, the enforcing party shall recover from the defaulting party the enforcing party 's reasonable attorney 's fees and other expenses of enforcement . On suit or action to enforce any provision or right under this agreement , the 1 . ADDENDUM A 1627B/RB/ja' /10/29/85-1 R prevailinq party shall recover from the other party the prevailing party 's reasonable attorney's fees and other expenses of litigation , including fees on appeal. from any judgment or decree . Buyer : Seller : WAVERLi CONSTRUCTION CO. INC. By ", . , / r ' C, n c� ►i` 1.�.G{/l� r �' fir/ {Ce ri ri e'th' L. Wa yi re 2 . ADDENDUM A 1527B/RB/jal/10/29/85-1 OPTION EXTENSION AGREEMENT This agreement by and between WAVERLY CONSTRUCTION COMPANY, INC . , Purchaser, and REUBEN K. NESVOLD and ELIZABETH JEAN NESVOLD, Sellers , with respect to that certain option agreement dated October 30, 1985 in which Sellers granted to Furchaser an option to purchase Tax Lot "00, comprising 3 . O6 acres, more or less , and -he north 130 feet of Tax Lot 100, in the Willowbrook platting in Washington County, Oregon, which Option agreement included an Addendum A reciting certain additional covenants and conditions, and which option agreement expired March 30, 1986. Wherefore, the parties agree as follows : 1 . The option indicated herein above shall be extended from March 30, 1986 to and including November .15, 1986. 2 . In consideration of this extension, Purchaser shall pay to Sellers, at such time as Purchaser exercises the option, but not later than November 15, 1986, a sum equal to the interest on the unpaid balance of the�gurcAia�serice of the property ( $74, 700 . 00 ) at a rate ofg1%' per annum from April 1 , 1986 to the date of exercise on November 15, 1986, whichever is earlier . In the event that Purchaser fails to exercise the option, Purchaser shall pay the above interest in full on November 15, 1986 . 3 . Parties agree that the cyclone fence currently located on the property to which this option applies is not included in the option agre�,nent and shall at all times belong to Sellers . Sellers shall gave responsibility to remove such fencing in the event that the option is exercised, within 60 days of such exercise . 4 . In the event that it. shall become necessary for Sellers to enforce the terms of Paragraph 2 or 3 of this extension agreement, by lawsuit or other method of collection, Purchaser agrees to pay Seller ' s reasonable attorney ' s fees, costs and disbursements incurred in any such enforcement or collection . Wherefore, the- parties Lereto have set their hands this lday ofIA14— , 1986 . PU;ERLY CHASER: SFLLYRs ONSTRU 'ION COMPANY, RE St EL ABETH JEAN NESVOLD Ext Z RC1 PAGE 1 . OPTION EXTENSION AGREEMENT 0990)/EAJ/kas/07/31/86-2 UUMUILECUP rORM No. 74--ACK NOWIEDGMENT—CORPORATION. 5TCvt N,.NCS*LAw PUN.CO..Pon TLANo.OR[. STATE OF OREGON, County of Clackamas E8. On this. - 2 day of October 86 19 before nre appeared Kenneth L. Waymire.- Xaadt both to me personally known, who being duly sworn, did sop that he, the said Kenneth L. Waymire - is the President, hoc Smw 9X of Waverly Construction, Co. , Inc. the within named Corporati,m, and that the Teal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instruutent was signed and sealed in behalf of said Corporation by authority,of its Board of Directors, rind Kcnne;h L. Waymire XIX .......�• acknowledge said instrument to be the free act and deed of said Corporation. � '. IN TESTIMONY WHEREOF, 1 have hereunto set n?y llafV and-affixed, my officily seal the day rdyear Dist above*written. C ' 4 1 Notary Pubop-for Oregon. 11T,v ommis I expires 2/20/88 . J' --------- - -- rOR�' NO. 28 — AZI(NOWLEDOMENT 1 STATE OF OREGON, +•TP veno Nr.ra LAW PUS COL4 PO ?LANA Ong. County of Clackamas ' BE IT REMEMBERED, That on this 2 day of October 19 86, tote me, the undersigned, 6 Notary Public in Bund for said County and State, personally appeared the within named .. ...._......Reuben K.. .NesypId-.and..Elizabeth Jean Nesvold known to me to be the identical individual S described in and who executed the within instrul•Tent and nchnowledged to mnoghat. they executed the saner freely and vnluntnrily. IN TESTIMONY WHEREOF, i ltnve he errnto set my hand and affixed 1 my offiria sen/ lie do and .year last above written. ` � otnry Public for O 2/20719n. MyCommis. expires STATE OF OREGON Vs County of WDehington I, Donald W. Meson. Director of Assessment and Taxation and Ex-0111c10 Recorder of Con- veyances for sold county, do hereby certify that the within instrument of writing war' received t and mcorded In book If records of said county. 1 GunT,id w. ffDeon, Ttirnrtnr of t Assessment and Taxation, Ex - Officio County Clerk 1985 OCT 17 PM 2: 34 (n , �, �iultaz �ia.2i pourit�, Or�aaon D m Date Time 'I RILE Y U WE E OUT D M , /��Z M of— -- — z z Q ' Phone_ _ W N A TELEPHONED ASE CALL RETURNED YOUR CALL WILL CALL AGAIN WANTS 10 SEE YOU RUSH Mousse �S . . c� o tJ O x H � N Oppq�f pNq I w� a� d•II� Iyi 7A,Z3 N i 1 ., 1