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9900 ~ Gaarde Street RECEIVED OCT 2a 1 6' Project STS 32 .4 Easement: T - 18 CITY OF TIGARD 9900 Deed Reference: B 451, Page •83 KNOW ALL MEN BY THESE PRESENTS: That we (I) Carl L. and Margaret E. Finley hereinafter termed grantor (s) , in consideration of the sum of $ 195. 00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter, termed the City, hereby grant, bargain, sell and convey unto the CITY OF • TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes : 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances , together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings , as will not interfere with the uses and purposes of the easement; said easement area being deet-ee-eae44--s44e7-wheix- ease ed at-E4 43.4it-aacg4.es-,-o4-toe-t 44ew4eg- 4 es€ e4, eeate -43ae-w4t4i .e-#Ae- €w4 -4e€41aa-ted- a .ses-: That tract of land in Section 10 , T2S, R1W, W.M. , Washington County, Oregon conveyed to Carl L. & Margaret E. Finley as described in Book 451 Page 83, Deed Records of said Washington County, more particularly described as follows : The entire tract as described above. --¶emporary-easement: Beget ie-r-w4 i-ttae-to were -T .gdt-e€-4ag!ess-,-egress-as4--regress aa4-ese-fe-r-sewer-eexst ee-t4ee-pe °po:,esu-e -add4t4esa-I-3ss4s -1y43,144-para-l-.e4.-to;-e4eeg-the-sides-wail wwtd3a -feet-i-wiles- ►eese e4-et-T4g i -aag4es;-e-f-tke-above-dese ri-be4-pc rve-tue4-eeeemeit, IF eTeei-eKee 4eg-aed- °e€eTJ4eg-te-ITeete e-t4ie-eeeseeelbered-eel eye, ese-aad- eseTvet en-e€-e-14-st-reeteTes-ffesest-eipes-the- em-ises:--- IT4s-tefttpetr at<°y-eeseff►eet-s4ha-1-1-te-n3eate-to gen--eemplet3en-lar€-the-sewe r eernst et on-werric;-at-w 4 ci -time;-u eii- ee�tlest-e�€-the-owner;-tie---- E ty-w5.4_i.--isstae-�a-w r tten- eaeese-the-ree f ���K 760 rAGE 145 9900 . . - Should it be necessary to cut and remove any brush, trees , or other matter or materials from the easement area, said brush, trees , or other matter and materials shall be removed and disposed of by the City and the • City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the' - City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. • The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this / a day of , 19‘,7 • (ZU /7 ' /'________ - (SEAL) (SEAL) 1I je:14-14,-. (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of , 19 . Mortgagee By Title STATE OF OREGON, /I / 4- ) .. 7)(L` eL-J- LL1 y ell ) SS . County of #a a-, •1_ ) if On this / fit day of ,/-1).e(I;4/sf" , 19 ( 7 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and ,deed. Before me: , ... . , ` � ) s ! i ..l2\.\�� �L/G f Notary Public for Oreg. n '(' My Commission expires : 0 ,EO . ,- • 5m •fl� ',I. Dov , ,,,, - STATE OF OREGON ) ) ss. County of ) 9900 On this day of , 19 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: 4 /9 Mayon By. L/6Gco City Recorder STATE OF OREGON ) ss . County of Washington ) On this 13th day of October , 1969 , before me appeared Elvin G. Kyle and Doris Ha Eig both to me personally known who, being duly sworn, did say that he,, the said Elvin G. Kyle is the Mayor, and he , the said Doris Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Elvin G. Kyle and Doris Hartig acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal , this the day and year in this- my ce ificate first written. Notary Public for Oregon : • My commission expires - =, BOOK 760 r',cE 11 - , ir 9900 - - 1 \.l l !1 -- ! -- h:,V :.. —e.7 ._.:,'...i :'r —.w[ S I 7 —L.�. j . I I �� - vi -'"\�i..... L. Mil.:;'(.:--,A7,' 1 .+ I ji Y t ` � f ldt' J�u \ 1 J 4 JJ _. , , i E , Yr. 0 1 I\\ . i \...1� - - ,.-F.F. 1 I E I 1 I I I , / i kI k r s - - 1,t f.� I \\� ; �/ C� /P 19(p.9a i ROGER THOMSSEN, Ditecto el Records & E ections Deputy. BQQK760 PAGE 8 \ i' PORT.—..,:G. 0;;;:(...30N BEATTLC.VABHUNG ON r • 99Op ( STATE OF OREGON /U ss l County of Washington i) I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records 7 -QofNo. /7 -41-- of said County Witness my hand and seal affixed. )'lVuL:..EP ROGER THOMSSEN, Director of Records & Electi ns 7 . OCT a9 19 Ati '99 Deputy (7,-)7,a-A.4'4) a35 7 PN(e Pioneer National Title Insurance Company 180 N. E. LOMBARD STREET • BEAVERTON, OREGON 97005 • TELEPHONE 646-9101 TITLE AND TRUST DIVISION NI% Cs ' r / City of Tigard C� "Cr ��Q OctobeBox r 6'38969 P. 0. Box 23557 Ty 49 Tigard, Oregon 97223 OF� 69 Attn: Keith Thompson %6) Re: No. 3817 We are prepared to issue title insurance policy in the usual form insuring the title to the land de- scribed on the attached description sheet: Vestee: CARL L. FINLEY and MARGARET E. FINLEY, as tenants by the entirety, as to an undivided quarter interest; ROSE E. METCHAN, as to an undivided quarter interest; MARGARET JONES, as to an undivided quarter interest; and in BETTY VAN DUYN and JAMES T. WALLS, JR. , each as to an undivided one-eighth interest. Dated as of October 2 • 19 69 at 8:00 a.m. ,.pioneer N:ti. 1 Title In •(cfq, company By ,K (_._._______. ,..-- / • -/ liam W, s-istant Ma Subject to the usual printed exceptions and stipulation NOTE: 1968-69 taxes, $1.09; paid in full. (Code 23-25; 2S1-10A-1600) 1. Rights of the public in streets, roads and highways. 2. Tigard City Liens, if any. None, as of the date hereof. --END OF REPORT-- Report No, 34-A-53975 CWW/SS PRELIMINARY REPORT ONLY DESCRIPTION SHEET See page 1 for vesting and encumbrances,if any. Description of the tract of land which is the subject of this report: Beginning at the initial point of Cant Place, a plat of record Wathingtem County, Oregon; thence Zest a the Northline of said Wit, 20 fiat to a point at the Southwest corner of the tract in deed to rima, recorded in Book 258, paw 256, ' Oregon; thence a. the West line thereof to a re the boundary 1� of S. Street; thence West §.m,: said South Ula 20 feet to the Northeast of Let Iscola** thence Souththe East line of C a Acres, to the true point of beginning; a portion of Section 10, Torraship 2 South, RangeiWest, Willamette Nerdian, Washington County, 3 ; . ....,. ..«. .... ...... . .....�......»�,��..�.. «�. ,� ,. Report No. 34.4-5 3975 . . • , . . . The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. Pioneer National Title Insurance Company Title and Trust Division SCALE - 1" = 1001 R .• -- i,4s(C.CO . 4S. W. , - GARDE STREET ,,------..2.5 .-------803 i5 50 50' .'N 152.5" °I 151.95' • 1501 "...„Aoc, 1.189°43•E 71115' . 2900 4.23A, 2790 2600 2604 i 3.35 Ac. .30.4c. -2 .534c. .30.4c. 1.794c. .- _ . •.. 4." 20 o • N 2901 2791 .e 152.5 S' 1 52.5 / 1 52.5' 1,,,, 151.42' _ ., ... f /) 43 _ 2701 303.92' . i't* -yr - • .914r. to i . 3 ,2 e$ 18. .-t tn ,,c . 400' ..._ ; -7.--"N, 568°25W 502' ---7-----t" - . :St, W 531.5. 303.9 : : -ity 1 2700 o• ., es- ,..... , , -.., .2.603 et /0 S1Ak • ' 17 1 ..1 0° c re) c; 9. 004 •46 1 1 700 C r2 i - 0 i 2 1--' r".• 7.27 Ac 's •, , 35' 0+ , -,) / _ ____,, ,,/,, 30000 .in 2602 303'932601 - '1 n 4N . 1 60 .45AC 5 .46A0 0 . .... - , --, 305: 76' '-> 3101 3100 L..\\*L'::;,:. -0 2500 304.16' j• .55.4c. I 5.38 Ac. 5i, 0.9/Ac 6 0 '.) O 4. C 2./. .. N --r 7r-r:- on :) 1 fri - . - 3200 305' - - 2400 . 808.4' in 111 .g', 1 ....i 0.914c. 6 ci 0.914c. 7 6 (800 ...., N\ 1 4 r-, T r-) ,., r-J - 2.04' 305 --, .r-\ - r._-_, .._)--- 1-2 1 .3301 305 330 2 - 2300 1' - 0 to . „ .96 Ac 1.0 • 7075' z.46 AC. .46 Ac. 4 4 A c 3 a 6 ia 01 ' 1 900 . --71 A rn in •v. n ,1 :i.6 1.584c. in 1 40 4 -,- -- 3300305 304.84 I - < _ . . :II O.9/Ac. 12 ...r) ..g._ 2302 6 6 o .42 Ai 9,1 6 531.8 -....\"" I _,.. - - - 1 20 00 ! 1.32 Ac C-, 175 ,.....N. 305' ry I .1, 1 5 ..-<.- / MAP -,.., 3400 2200'7220 t- 166.e' 0 iet -,,, 4a..e. ,o .5/Ac. . _. 0.9 1 A c. If . b i: o w. . IV '''. lo I (08 es - 8941 W ,i5,3 ,., 1,,,:z., _ 3:1'5' ' ' 50 -- ,,, 32 j 7, L , 748' 1+,..4;"1/4'. - 3500 3600 4000 432. 3G /.914c. 1.91 Ac. ,69 Ac tu ") 0 • (Ni (9o,' •• -413 r•- (4, 7 in / 500.94' ,2- I- 0 / < ‘.-) 9 m 68\‘1 .s Ns. /4100 -..."(. 0 / 4) 4 , 1 !C.57.4C. 389°36W 751 28' 3397Sh Pioneer National Title Insuranc impany 180 N.E.LOMBARD STREET•BEAVERTON. OREGON 97005•TELEPHONE 646-9101 1.] TITLE AND TRUST DIVISION City of Tigard P. 4. Box 38 P. O. Box 23557 October 6, 1969 Tigard, Oregon 97223 Attn: Keith , ,-. .on Re: No. 3.17 We are prepared to issue title insurance policy in the usual form insuring the title to the land de- scribed on the attached description sheet: Vestee:—••--CARL L. FINLEY and MARGARET E. FINLEY as tenants by the entirety, as to an undivided quarter interest; ROSE E. MKTC , as to an undivided quarter interest; MARGARET JONES as to an undivided quarter interest; and in BETTY VAN D6YN and JAMES T. WALLS, JR. , each as to an undivided one-eighth interest.--- Dated as of October 2 , 19 69 at 8:00 a.m. 'ioneer . Title I• ompany By /7"r liam Wo , etant Subject to the usual printed exceptions a • sti• o s, NOTE: 1968.69 taxes, $1.09; paid in ul1l. e 23.25; 251-1OA-1644 )1. Rights of the public in streets, roads and highways. 2. Tigard City Liens, if any. None, as of the date hereof. --END OF REPORT-- — Report No.34-4-53975 Cf se PRELIMINARY REPORT ONLY DESCRIPTION SHEET See page 1 for vesting and encumbrances,if any. Description of the tract of land which is the subject of this report: 110 the iNdAtillit ., i plat *I neeeni x * . or• IMO c rAto IWO lino ofmid * fere topointa ` of the tont • 1 iss Aped to intern Crostk* toroolowl in look 256* pose 2511* Deed 211001410. CONOMY. OMNI alga ildien tarn Meet MUMS, OAMIMIft aliM said South limo SD feet to the Ikotheost oreept tot I t . Ito IbuOt line of *Ars Moo to the wee ofx , • aportion of fitotioe 10* . 2 ¢x , trosse I Report No. Pioneei National Ti PNtle Insuranc,., Company ' © 180 N. E. LOM' -RD STREET, P. O. BOX 38 • BEAVERTON, 'EGON 97005 TITLE AND TRUST DIVISION TELEPHONE 646-9101 34-A- DATE ORDERED 10/2169 I-City of T CUSTOMER NO. P. O. Boa 23557 AMOUNT OF POLICY $ 1 00 op *dj Ore. 97223 REPORT TO Attn: om Req. No. 3817 b T PURCHASER'S IX OWNER'S n MORTGAGEE'S n PROPERTY DESCRIPTION: Portion of Canterbury Place and Other Po w. 23-9; 251-10 ) SELLER Tizzy, Carl L. and Margaret R. 1# PURCHASER DATE DESCRIPTION CHARGES CREDITS BALANCE 10/3/69 Prem OP 1,000.00 _ 25.00 25.00 ONLY 1'7i\1'`"1 _... , ,Q 0 A NY DD 1110.6 N l rrGS ` BE1SStED WN _ "'"G."VAACECOMPEElED. CHS 1.0,1,:SAC11014 IS WHEN REMITTING BY CHECK KINDLY REFER TO OUR ORDER NUMBER O • • T / T4te f ee..#46.,„ • 425 S.W. Fourth Avenue/ Portland, Oregon Phone 222-3651 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy Premium 5•00 No. 316051 TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here- inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured,or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu- lations hereof, which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the owner of which is insured by this policy,but only insofar • as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer of the corporation. ......... l Countersigned TITLE INSURANCE COMPANY •.•••••••RP N CF �Illosy ••• (�O to �,u-��d 41 ••OFtPO1�,q�,•���Otl�// President K tom" % G �•► D j Attest: Authorized Officer •S AZ .•• Z ; Secretary PAGE 1 OF POLICY '/� ••'•.••••••.•'. .. REV.7-63 �/ O t� •`V • SCHEDULE A Amount $ 1,000.00 Date October 20, 1969 At 9:19 A.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to said is, at the date hereof, vested in CITY OF TIGARD, a municipal corporation.--- The land referred to in this policy is described as: PERPETUAL EASEMENT: Said easement area being that tract of land in Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Carl L. & Margaret E. Finley as described in Book 451, Page 83, Deed Records of said Washington County, more particularly described as follows: The entire tract as described above.--- PAGE 2 OF POLICY NO. 316051 1-128 Oregon Land Title Association Standard Coverage Policy R8.60 SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured in Paragraphs numbered 4 and 5 on page 1 of this policy. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. 1969-70 taxes, $2.55, unpaid. (2S1 10A 1600 23-25) 6. Tigard City Liens, if any. 7. Rights of the public in and to that part of the herein des- cribed premises lying within the boundaries of roads and highways. 8. Interest of Rose E. Metchan, Margaret Jones, Betty VanDuyn and James T. Walls, Jr. , heirs at law of the vestee herein, as disclosed in Probate No. 7437 in the District Court of Oregon for Washington County. Said estate was never completed, and was closed by Order of the District Court January 8, 1968. 9. Interest of Carl L. Finley and Margaret E. Finley, husband and wife, as disclosed by Warranty Deed recorded October 10, 1961, in Deed Book 451, Page 83. 10. Easement, including the terms and provisions thereof, granted to City of Tigard, dated August 10, 1969, recorded October 20, 1969, in Book 760, Page 145, Washington County Records. 11. Subject to underlying fee title of the Estate of Susie M. Walls, Deceased.--- Page 3 of Policy No. 316051 TI-30 FORM :,;t . 633—WARRANTYDEED. STEVENS.NCSS LAW PUB co.PORTLAND '-----.- -------- -----L.Z.: ---- ------. '------ -- - - - - -- (C 1 ..-; KNOW ALL MEN BY THESE PRESENTS, That170 ?•ii7.2017L.e c:v1S Q :r.acsiTiT...D.5'.... 1 H ; grantor ! in- consideration of_LI-le.N-.Eur.13:20.d...and...00/1C.10- -• - - - - - - - - - - - - - - - Dollars li , il I 11 1 to hi= ; paid by CARL L. FILLT...;7 1.-','a 7 7: ,7- ';5, 7.; :, T.`7:171 P'Y 4 /11,1 ifQ .......... . ... ,1 • grantee ; 1, I! , LI 1' I 1 i do hereby grant, bargain, sell and convey unto the said grantee..E.., '.;.:CI."15-r. heirs and assigns, all 'I II ii the following real property, with the tenements, hereditaments and appurtenances, situated in the County 11 i; of ,,, , ..-niton:.7...1,-.1--,. and State of Oregon, bounded and described as follows, to-wit: II II 30sn,, at the in1t-;a1 -coint of Canterbury Flaco„ a Plat of record in ,:a ,,o1... i, County, CY.00-n; the,-Ice East along the "forth lino of said Plat 20 feet to a point at ,1 1: the Southwst cer,ler of the tract deeel'ited in Deed to Anton Gross: recorded. in Book H 253, Toaze 256, Deed RecordSrashinton County, Croon; thence) 1Torth along the Viest lithH H thereof to a point on the South Boundary lino of Southwest Gaarde Street; thence a st , i 1 along said South line 20 feet to the Yortheast corner of LOT 1, COLl' COLS AGRES; thence " South along the East line of COLE'S ACES to the true point of bezinninG. 1 1 II !I . I . , 1 Tax Lot 1T1000 in Tupo 2 S4,, Range 1 West, Section 10A . , I i • It 11 !, !, To Have and to :..:,,Id the above described and granted premises unto the said grantee.z..., _their.... I heirs and assigns forever. 11 And 77 the grantor do covenant that. ..-1....c.a lawfully seized in fee simple of the above II II granted premises free from all encumbrances,...2.V.b.;;. ... ..r:1_.zhts of the ?ablic and Eas=ezitz ii I, -of..x:aoancl, H . 11 ; i! ; II and that _ ; will and Va. heirs, executors and administrators, shall warrant and forever It' I; !III II defend the :_owe granted premises, and every part and parcel thereof, against the lawful claims and I demands of all persons whomsoever. il i: II Witness 7Tr hand.... and seal... this :Lath day of 1..1.7.L:E..-fr, , 19 61 i i i 1 . 1 1, 11 (SEAL) ,1 11I,i 11 . (SEAL) 11 111 STATE OF OREGON, 1 (SEAL) 11 ss ; • s; • " ' ' .- 'County of To....7.1,-I-'7''''i-,0:2 j On this 1.011:::::: day of _ --;c;,..7.rst. , 19 6:- , II ,:. .. ..............,.. , - •ip-2o:a me, the undersigned, a Notary Public in and for said County and Sta:e, personally appeared the II S ii ••• \` hv1::2 named .....,..r.----',3..17.,..p.,-.7e ',„J.:Cs.'m...h-r‘c:::-':...2.57..':z.z.4...1-Z2,c:::.;.,-__ .2- "--- - ''-1'"_ lc z •4..: : ' " / ; i ' - ., • who 2.5 - known to me to be the identical individual.... described in and who executed the within ; !; - ,. • ..* . ..'" instrument, and acknowledged to me that...Elio.....executed the same freely and voluntarily. II ''.., l,-.*•••......••• • `- IN TESTIMONY WHEREOF, I have hereunto se,t,myz.hand/and affixed my official- -; ,. • .; seal the day and year last above written. / / '-';/' //"..,/-. - H ./Iiiiiiiiiili‘O lO. Notary Public .for Oregon. My commission ex,oiresi 10/15/63 : : - ' -‘7•-•— • I STATE OF OREGON, : I T‘1\L= .PiNTY DEED , :. --- H County o : j I • 5 / % 3 l C> / r T /0 I 7eeée Tadeezetace eomftaiete, title insurance 12012 S.W. Canyon Road/Beaverton, Oregon 97005 escrows Phone 646-8181 HEAD OFFICE 425 S.W. FOURTH AVENUE PHONE 222-3651 City of Tigard Order No. 316051 Department of Public Works August 15, 1969 Tigard City Hall Tigard, Oregon Re: Walls Account #2-32.4-290 Gentlemen: We are prepared to issue title insurance policy covering: See EXHIBIT "A" attached; showing title on August 8, 1969 at 5:00 p.m., vested in: ESTATE OF SUSIE M. WALLS, DECEASED, an estate in fee simple; subject tothe usual printed exceptions, and 1. Tigard City Liens, if any. 2. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. 3. Interest of Rose E. Metchan, Margaret Jones, Betty VanDuyn and James T. Walls, Jr., heirs at law of the vestee herein, as disclosed in Probate No. 7437 in the District Court of Oregon for Washington County. Said estate was never completed, and was closed by Order of the District Court January 8, 1968. 4. Interest of Carl L. Finley and Margaret E. Finley, husband and wife, as disclosed by Warranty Deed recorded October 10, 1961, in Deed Book 451, page 83. Note: 1968-69 taxes, $1.09 paid. (2S1 10A 1600 23-25) TITLE INSURANCE COMPANY Washington County Branch CI James A. Parker JP/lc Order No. 316051 EXHIBIT "A" Beginning at the initial point of CANTERBURY PLACE, a plat of record in Washington County, Oregon; thence East along the North line of said plat, 20 feet to a point at the Southwest corner of the ttract described in deed to Anton Gross, recorded in Book 258, page Deed Records of Washington County, Oregon; thence North along the West line thereof to a point on the South boundary line of S. Gaarde Street; thence West along said South line, 20 feet to the Northeast corner of Lot 1, Cole's Acres; thence South along the East line of Cole' s Acres, to the true point of beginning. NE liel I/4 SECTION 10 T 2S R I W W P WASHINGTON COUNTY OREGON SCALE 111= 2001 SEE MAP 2S 13 D 000 o.01Ac. I 7'9"0 I/4 SEC. - 2 / Q 5E 52 •. .• 152.5 50 , 152 S 151.95 (501 400 8°43'E 7 .6' ?• 0 t2. 0.• 2790 2600 2604 R, 3,33 Ac. 0 1500 ‘)OL 1100 ?/ .30Ac. 11 53Ac.. 50A•0 /.78Ac. l.9?Ae. , i / � so 0 e„ 19 o 2 o 1 �lJ ' b92.57 c 2605 - ,, 1300 290© 279 Q °` i.sSAc. 33A 35Ac. c .38 .. �. *1/ [52.5' 152.5' ' 152. I \ 151_42_ 1.‘!,..., . �f 303.92 h I. �'f 2701 n . �' / 9/Ac. - , / 1 .2:�; 3 r 400' , `; S88025'W • .303.9' 2700 30 • .9/Ac. o c 4 1701 I700 _ v '1400 =' "' r"" ^' 3.0/.4c. 503 Ac. y. a 4 4 303.'32601In ` ' _ 1 3000 305 2602 - �1 V 0.9/Ac. in .4 AG. \ k. ,. 16. 19i i'sd �� 1r 907.76' _ - _ � /`- 30 2500 304,16 : 3101 3100 ,0 , 11 st. 2 1�� ..� r. '. O.9/Aa 6 . 1 rr' f v, '' 1 530 15.Y8 • ,ii, 320 305'320 5 - - 2400 304.38' ;\ -- -- - -r 808.4' r .56A . 44A o " a9/Ac. 7 1800 500 14 M �- - ' o I27.4c3 .6o.- r � `' r `� / ,� • '3301 Q" W 2301 2300 °y \.46 I.C.305.(2) 1 3 330 0 , .44 b .96Ac. \\ 19OOS T07.5 1 600 .37 ro ISG 0_, .. 4 - 0130 30S' -- 3- 304.84' i 3300 • O.9/Ac. 12 _ o 2302 9 n 531.8' \ \ In O M I e "-' 2000Air C�� r I 175 • @, 1.32 Ac N 3os' 2200 ...07220• .. 7. , 2 5 t. _ \*N4-4,0400IIn 4. 1 .5/Ac o -0 `q 3e. 4.„ ,,N N . �o •/ ;<> s \I <s%ii ©/r. , / / // ;"; 132' !///%///iii///!% %f%//,:�/%�////%///////%/////�i ' ✓i. qr ,, • p�� • y%ih //i l/ / ..../l/ 2. - �� 4000 N43 oPr4,s 3500 ...w 3600 Tae' .- 40 is O; z irr • 0‘ 9 �J /.9/Ac. a il /.9/ Ac. �^j 0.) ' b\ 0`8 41 Y / / T i N ...t • • STANDARD COVERAGE POLICY • REV.4-63 CONDITIONS AND STIPULATIttNS (Includes those in the American Land Title Association-Owner's Policy—Standard Form B-1962) 6. OPTION TO PAY,SETTLE OR COMPROMISE CLAIMS 1. DEFINITION OF TERMS The Company shall have the option to pay or settle or compromise for or in The following terms when used in this policy mean: the name of the Insured any claim insured against or to pay the full amount of this (a) "land": the land described, specifically or by reference, in Schedule A and policy,or, in case loss is claimed under this policy by the owner of the indebtedness y a mortgage y improvements"public records":¢those which by aw which nstitute real impart consttrructtiveynotice of matters toe purchase said ndebtedness;dsbh this payment or tenders of have oft the full amount of this policy, together with all costs,attorney's fees and expenses which relating to said land; the Company is obligated hereunder to pay, shall terminate all liability f the Com• (c) "knowledge": actual knowledge, not constructive knowledge or notice which pang hereunder. In the event, after notice of claim has been given to the Company may be imputed to the Insured by reason of any public records; by the Insured, the Company offers to purchase said indebtedness, the owner of (d) "date": the effective date; such indebtedness shall transfer and assign said indebtedness and the mortgage (e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- securing the same to the Company upon payment of the purchase price. ment; and7. PAYMENT OF LOSS (f) "insured": the party or parties named as Insured, and if the owner of the (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorney's fees which the Company indebtedness A, theheed sbyu a mortgagel include shown(1 in eSach B is named t n Insuredownership may be obligated hereunder to pay. insuch indebtedness, bt Insured shall suchowner(1) each esether in interest in (b) The Company will pay, in addition to any loss insured against by this to inch i policyicbye, (2)eany 'swho or acquires the estateer lmanner or interest referred policy, all costs imposed upon the Insured in litigation carried on by the Company of this bte by foreclosure, trustee's instrumentality whin is satisfaction for the Insured, and all costs and attorney's fees in litigation carried on by the insurer said indebtedness,guarantorors, and (3) Insured with the written authorization of the Company. or indebtedness,under any insurancepartthereof,contract ornamed guaranty insuring or guarantee. (c) No claim for damages shall arise or be maintainable under this policy (1) ng saidctrwitoro provisionsh eoether as an Insured herein or not, subject otherwise to the hereof. if the Company, after having received notice of an alleged defect, lien orcum- 2. BENEFITS AFTER ACQUISITION OF TITLE brance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily If an insured owner of the indebtedness secured by a mortgage described in assumed by the Insured in settling any claim or suit without written consent of the any partCompany, or (3) in the event the title is rejected as unmarketable because of a Schedule aB ,acquiresr fsaid legal manner interest,at fora io thereof,ineby foreclosure, trustee's sale, or other in satisfaction of said indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has part thereof,or if a federal agency or instrumentality acquires said estate or interest, been a final determination by a court of competent jurisdiction sustaining such or any part thereof, as a consequence of an insurance contract or guaranty insuring rejection. attorneys' by (d) All payments under this policy, except payments made for costs, or an partguaranteeing ereo the indebtedness dell continueou by a mortgage covered this policy,,agency fees and expenses, shall reduce the amount of the insurance pro tanto and no pay- or instrumentality, m malt this subjectty shall ofe in forcenin favor of such Insured, ment shall be made without producing this policy for endorsement of such payment instrumentality, to all of the conditions and stipulations hereof. uc 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof of such d°soweor d r,tr f tion on shall be furnished to the satisfaction of the Company; pro 'This policy does not insure against loss or damage by reason of the following: owner of an indebtedness secured by a mortgage shown in Schedule B is an In- (a) Any law, ordinance or governmental regulation (including but not limitedithe cureinsud herein forded husuch ppayments der as toshall not I r duce except tanto f the amount oft the occupancy, h building and zoning pont of or ur regulating oa p g. tion use enjoyment the land,er or regulating the land, prohibiting payments reduce thersonti ort of the voluntary satisfaction actiondness secured relea a bysuch the Inssued of a Pay- or arof any improvementeripornow or hereafter erected n said land, or prohibiting ment t in full anyby this policy pe a separation in ownership or a reduction in the dimensions or area of any lot or insured owner coveredothe indebtedness ssecured terminate such mortgage,fexthe cept as provided in the parcel of land. paragraph 2 hereof. (xeb) Governmental rights eaof police powerpublor eminent domain unlessernotice of (e) When liability has been definitely fixed in accordance with the conditions of the exercise of such rights appears in the public records at the date hereof. this policy the loss or damage shall be payable within thirty days thereafter. (c) Title to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes, way or waterways on which g, LIABILITY NONCUMULATIVE such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other It is expressly understood that the amount of this policy is reduced by any structure or improvement; or any rights or easements therein unless this policy amount the Company may pay under any policy insuring the validity or priority of if specificaly abuts up ns one orpmoreztphysically openosropey, rights or t streets or highways this ppol y executed[by then Insured which ista chargeo in orIlene one B the mortgageeof or any the estate orntesst described med insures the ordinary rights of abutting owners for access to one of such streets or theor r Insured referred to in Scheduleer ee pA, and paamos nos of paid is shall labeade numbered payment shall to highways, unless liotherwiseens, excepted excluded hereag not apply to an Insured owner of an indebtedness secured by a mortgage shown (d) Defects, licns, encumbrances, adverse claims against the titlelas insured or in Schedule B unless such Insured acquires title to said estate or interest in saris- lossor damage;a (1) created, suffered, assumed or Claimant to by the Insured claimingotis faction of said indebtedness or any part thereof. loss oratthor (2) known to the Insured either at the date of this policy l the date not shownh Insuredbythe public acquired records, an estate orcl interestrinsuredfi9. COINSURANCEIthe ent AND at a partial APPORoT50s-N APPcurs ORTIONMENT the Insured makes an improve- writing this by the and have dunless disclosure thereof in writing the Insured shall been made to the Company prior to the date of ment subsequent to the date of this policy, and only in that event, the Insured this policy; or '3) resulting in no loss to the Insured Claimant; or (4) attaching becomes a coinsurer to the extent hereinafter set forth, or created subsequent to the date hereof. If the cost of the improvement exceeds twenty per centum of the amount of this (e) Loss or damage which would not have been sustained if the Insured were policy,osuch y one huonredproportion lywoofnnye y partial losmofestabhelamod sh ll bel borne y the a purchaser or encumbrancer for value without knowledge. Cto the sum of the amount of this policy and the amount expended for the improve- (f) Usury or claims of usury. ment. The foregoing provisions shall not apply to costs and attorneys' fees in- curred by the Company in prosecuting or providing for the defense of actions or (g) "Consumer credit protection," "truth-in-lending," or similar law. proceedings, in behalf.of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall apply only 4. DEFENSE AND PROSECUTION OF ACTIONS — to that portion of losses which exceed in the aggregate ten per cent of the face of NOTICE OF CLAIM TO BE GIVEN BY THE INSURED the pp°ovided, however, the foregoing coinsurance shall not apply (a) The Company, at its own cost and without undue delay shall provide (1) to anyProvided, out thatof a lien or foregoing coinsencumbrance fore a provisionsamountllnoapply for the defense of the Insured in all litigation consisting of actions or proceedings to ny losson the arisingg of this policy was not shown in Scheduleliquidated Bandwhi commenced against the Insured, or defenses, restraining orders, or injunctions inter- exifurther, such coinsurance this lyandshall not shown to loss at the provided of posed against a foreclosure or sale of the mortgage and indebtedness covered by the occurance of a eprovisions thethen value of the premises,anyas if, attimedof this oolicy or a sale of the estate or interest in said land; or (2) for such action as not exceed one suchuced loss,twenty centum of the of this policy. may be appropriate to establish the title of the estate or interest or the lien of the b Ifd the land describedd or pere cent tom inof the amount A is divisiblehinto separate mortgage ll insured, which litigation or action ine any of such events is founded ay and(noncontiguous parcels, or if contiguous and such parcels are not used as one uponrean alleged defect,nto finalior encumbranceioninsured against lastby this policy, and may single site, and a loss is established affecting one or more of said parcels but not pursue any litigation action rna roc in the hall[bef begun, ort. all, the loss shall be computed and settled on a pro rata basis as if the face amount (b) In case any such or proceeding the shad claim defenseftitle inter- of this policy was divided pro rata as to the value on the date of this policy of each po interest or in case knowledgeerseotshall of the to Insured interest any of mortgage or separate independent parcel to the whole, exclusive of any improvements made interest which is adverse h thesloss a estate orf or eon of the shall subsequent to the date of this policy, unless a liability or value has otherwise been mayas insured, loe by-vi- mvirtue of cause or damage Inc rewhich then good n-or agreed upon as to each such parcel by the Company and the Insured at the time of tobe liable by rbte of this policy,reor if the Insured shalldin good faith con- the issuance of this policy and shown by an express statement herein or by an tract to sell the indebtedness secured by a mortgage covered by this policy, or, if endorsement attached hereto. an Insured in d faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this policy 10. SUBROGATION UPON PAYMENT OR SETTLEMENT er he his cy, l right refuses to purchase and in any such event the title to said estate or interest-is re- of subrogationt shallo vest rt shall have settled unaffected by anry tat oflithe Insured, If jeered as unmarketable, the Insured shall notify the Company thereof in writin vee and it shall be subrogated to and be entitled to all rights and remedies which the If such noticer shallnot if given tos the Company within ten. promptlyys of the receiptiyof Insured would have had against any person or property in respect to such claim process or pleadingsnyeor if the Insured shallancnot,sin writing,st ichh notify the Company of any defect, lien or encumbrance insured against which shall come to had this policy not been issued. If the payment does not cover the loss of the In• the knowledge of the Insured, or if the Insured shall not in writing, promptly notify sured, the Company shall be subrogated to such rights and remedies in the propor- the Company of any such rejection by reason of claimed unmarketability of title,then tion which said payment bears to the amount of said loss. If loss should result from all liability of the Company in regard to the subject matter of such action, pro- any act of the Insured, such act shall not void this policy, but the Company, in ceeding or matter shall cease and terminate; provided,however, that failure to notify that event, shall be required to pay only that part of any losses insured against shall in no case prejudice the claim of any Insured unless the Company shall be hereunder which shall exceed the amount, if any; lost to the Company by reason actually prejudiced by such failure and then only to the extent of such prejudice. of the impairment of the right of subrogation. The Insured, if requested by the (c) The Company shall have the right at its own cost to institute and prosecute Company,° shall all necessary in order to perfect all lhrgihts and s remedies against ain tsanany permitperson any action or proceeding or do any other act which tit its opinion may be necessary or ne rtyc use name of the Insured suc in any of subrogation, ioro litigationand involvingt or desirable to establish the title of the estate or interest or the lien of the mortgage suchtCompany tousethe as insured; and the Company may take any appropriate'action under the terms ofIf rightshe Insured or remedies.is the owner of the indebtedness secured by a mortgage covered thispolicy whether anyy not it shall of liablep licy. der and shall not thereby concede by this policy, such Insured may release or substitute the personal liability of any liability) In waive provision this rmitsy. debtor or guarantor, or extend or otherwise modify the terms of payment, or release (d) e forall cases wherense this policy permits or requires the Company to prosecute a portion of the estate or interest from the lien of the mortgage, or release any o theprrightigfor the prosecutefeof anyprovide actionf proceeding, the Insured orro shall secure to collateral security for the indebtedness, provided such act does not result in any itp therein,so and it it use, ateitse in such action theInsuredprecIand loss of priority of the lien of the mortgage. allu appeals sand permit it tobthe its opCompanytion, the namensof live forh11. POLICY ENTIRE CONTRACT such purpose. Whenevernablaidin requestednby norproceeding,the Insured ffshect give the Company all reasonable in any such action or in effecting settle- Any action or actions or rights of action that the Insured may have or may bring ment, securing evidence, obtaining witnesses, or prosecuting or defending such against the Company arising out of the status of the lien of the mortgage covered action or proceeding, and the Company shall reimburse the Insured for any expense by this policy or the title of the estate or interest insured herein must be based on so incurred. the provisions of this policy. No provision or condition of this policy can be waived or changed except by 5. NOTICE OF LOSS—LIMITATION OF ACTION writing endorsed hereon or attached hereto signed by the President,a Vice-President, In addition to the notices required under paragraph 4(b),a statement in writing the Secretary, and Assistant Secretary or other validating officer of the Company. of any loss or damage f or which it is claimed the Company is liable under this 12. NOTICES, WHERE SENT policy shall be furnished to the Company within sixty days after such loss or damage All notices required to be given the Company and any statement in writing shallishave been stdayed and no right statementaction shall accrue to the Insured and no required to be furnished the Company shall be addressed to it at the office which recoveryth cy shall until thirty days afterInsuch ndrthisshall haven beena furnished,all no issued this policy. be had by the Insured under policy unless action shall be com- menced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. TI 12