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11337 ~ Lomita Avenue ANY 11337 Number: Deed Reference: A KNOW ALL MEN BY THESE PRESENTS: That we (1)—. Mertlich and Eva MerM_ich husband hereinafter termed grantor(s), in consideration of the sum of 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, together 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, recon- structing, 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 10 feet fR'JrAkxx'v6mktmkRmw: on the westerly side of Lot 17 Lomita Terrace a subdivision of record in Section 3S, TIS, RlW, W.M. , Washington County, Oregon Together %4th the tempeiar-y right ei iagr-ass, egr-ess and regress, and We f0V AWArOr @eIREAris - tion purposes, of additional lands lying parallel to, aloug both sides. 2-Ind-m4thia___===fe t, when mefisoped at right aag4es, 4 the abw- derwrQed perpetual easoment 2"a, excapti"g a-PA to grantors the uneneumbered enjoyment, use and pr-eseFvatien ef all stittettlres­ present upon the premises. This temperary easement shall terminate upett eempletion of sewer eenstruetien work, at whieh time, up@R r-equest ei the Owner, the Giw W... written BOOK 711 PAGE 340 P, F p QTY 11337 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 lane, 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 ha s'apd seals this..._ 6day of.. ... 19 Z c✓� L : ---(SEAL) --- - ------(SEAL) rum. Mertlic~g r —(SEAL) ---- ---(SEAL) Eva Mertlich r --- — _._ ----- ----(SEAL) -- --- (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted, Dated this_-__ 50i _day of August 1968 PORTLAND FEDERAL SAVINGS LOAN ASSN MortgA e —.— �Y�� ,rr• Assistant Vice Presidex4t Title STATE OF OREGON, ) �^� � ss. County of—z�i y —. ' ?ar .. 19 ' personally appeared the above named _ ..— On thist-$ .. - da of Z_ak a HyrumMertlich�d Eva Mprtl ich and acknowledged the foregoing instrument to be their voluntary act and deed. -- h Before me: s a Notary Public for Oregon My Commission expires:_-/:;� EQQK 711 PAGE 341 _ ��..................,.; ��.�; 1� i I STATE OF OREGON ) C t ss t County of Washington l 1,-Roger Thomssen,Director of Records and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records 71.1 � No. .....:..................................................7/1..... of said County Witness my hand and Seal affixed. ROGER THOMSSEN,Director of Records&-EElections N COP cc� HUG 21 4,0 p�'� Uputy • T4& r � 425 S.W. Fourth Avenue/ Portland, Oregon WASHINGTON COUNTY OFFICE Phone 222-3651 526 N.W. CANYON ROAD - BEAVERTON, OREGON TELEPHONE 646-8181 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy No. 313690 Premium $ 25.00 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 ire 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. CountersignedI+I TITLE INSURANCE COMPANY Countersigned ---------- A.NCe B 0 y •0FipOtq •' Presidents > Authorized Officer R, Z Attest; illrtt7, so Secretary PAGE I OF POLICY �0 REV.7-63 TI-2i 0 SCHEDULE A Amount 1,000.00 Date August 21, 1968 At 2:48 P.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to said bcDd is, at the date hereof, vested in CITY OF TIGARD, a municipal corporation of Oregon.--- The land referred to in this policy is described as: The Westerly 10 feet of Lot 17, LOMITA TERRACE a subdivision of record in Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon.--- PAGE 20F POLICY No. 313690 TI 28 Oregon Land Title Association Standard Coverage Policy `WO R 6-60 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. Trust Deed, including the terms and provisions thereof, given by Hyrum G. Mertlich and Eva M. Mertlich, husband and wife, as grantors, to Henry L. Bauer, as trustee, for Portland Federal Savings and Loan Association of Portland, Oregon, a corporation, as beneficiary, dated February 13 , 1963 , recorded February 27, 1963, in Deed Book 463, Page 323, Washington County Records, to secure the payment of $15,750.00. 6. Distribution Line Easement, including the terms and provisions thereof, granted to Portland General Electric Company, an Oregon cor- poration, dated December 29, 1964, recorded May 3 , 1965, in Book 542, Page 601, Washington County Records. 7. Easement, including the terms and provisions thereof, granted to the City of Tigard, a municipal corporation of Oregon, dated August 15, 1968, recorded August 21, 1968, in Book 711, Page 340, Washington County Records.--- Page 3 of Policy No. 313690 TI-30 SEIMSEI/4, SFC IOrl 35 T I S WASHINGTON COUNTY OREGON I 'I=100' N89°30 30"E 77 INI71 AL I ��{�, POINT Va MT 17 m 3 2.83 K 1081 25 X01 3617 N89°31'E 279.71 i;/'.' n ' 77 5,7777m�777/ annl' H=40 3602 3603 ; 16 ': l SEE MAP IS ( 35D 11 7,30 2 xi 3616 r I r 131 °e 50 1 589`3f Wlil 36()4 ( I z A27A441- v 3 3615 SEE MAP 14 IS I 35DA 3605 ( 24.55 ? 4 14 CA Lk 3606 l 13 F" 3 — 121, 2 — --- -- bi y z {7flC1 �' ► 0 5 g3GI3 f r_ p 3607 (� -`j ---- µ It8.91 3612 _ S88032'E -- 234.7$ 3619fit ! a .22Ac 3608 ------"---- 7 611 3300 u 1900 3600 t . �" r p 3.02Ac. I f 0 o .35Ac. 3609 I 10' p °"":Sr --- 113.21 3620 ! 50 N89°31"E 175 --+�. ' 111 ----1 50 �r10 = I" , E 1 %%ice•;.:%� :.�i r.;//i%/'i%iiii rl,- Tr N -36 -. —.- I 2001 4259 /'FO,fST#Y+LL u'AY t rr� -- ' 3700 3703 I .55 Ac l 45 Ac. k N U. O p� J a r N 1N ` 55 [ - - - 120 n � 0370f a° S87°36'E .20ACOl 50 t i . t N f9-°-3-1'E -- 4163 — N I 3301 4r20 2168 36.46Ac 2 'r l�^I1 N—ITIAh( POiN3/AC OREGON LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY REV.4.63 CONDITIONS AND STIPULATIONS (Includes those in the American Land Title Association-Owner's Policy—Standard Form B-1962) 1. DEFINITION OF TERMS 6. OPTION TO PAY,SETTLE OR COMPROMISE CLAIMS The following terms when used in this policy mean: The Company shall have the option to pay or settle or compromise for or in {a) "land": the land described, specifically or by reference, in Schedule A and the name of the Insured any claim"inured against or to pay the full amount of this policy,or,in use loss is claimed under this policy by the owner of the indebtedness improvements affixed thereto which by law constitute real property; secured by a mortgage covered by this policy, the Company shall have the option (b) "public records": those records which impart constructive notice of matters to purchase said indebtedness; such purchase, payment or tender of payment of the relating to mid land; full amount of this policy,together with all costs,attorney's fees and expenses which (c) "knowledge": actual knowledge, not constructive knowledge or notice which the Company is obligated hereunder to pay, shall terminate all liability of the Com. may be imputed to the Insured by reason of any public records; ppany hereunder. In the event, after notice of claim has been given to the Company 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 mine to the Company upon payment of the purchase price. ment; and 7. 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 indebtedness secured by a mortgage shown in Schedule B is named as an Insured all, the actual Toss of the Insured and costs and attorney's fees which the Company in Schedule A,the Insured shall include (1) each successor in interest in ownership may be obligated hereunder to pay. of such indebtedness, (2) any such owner who acquires the estate or interest referred (b) The Company will pay, in addition to any loss insured against by this to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction policy, all costs imposed upon the Insured in litigation carried on by the Company of mid indebtedness, and (3) any federal agency or instrumentality which is an for the Insured, and all costs and attorney's fees in litigation carried on by the insurer or guarantor under an insurance contract or guaranty insuring or guarantee- Insured with the written authorization of the Company. ing said indebtedness, or any part thereof, whether named as an Insured herein or (c) No claim for damages shall arise or be maintainable under this policy (1) not, subject otherwise to the provisions hereof. if the Company, after having received notice of an alleged defect, lien or encum- 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 Schedule B acquires said estate or interest, or any part thereof, by foreclosure, Company, or (3) in the event the title is rejected as unmarketable because of a trustee's sale, or other legal manner in satisfaction of mid indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has put thereof,or if a federal agency or instrumentality acquires mid 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. or guaranteeing the indebtedness secured by a mortgage covered by this policy, or (d) All payments under this policy, except payments made for costs, attorneys' any part thereof,this policy shall continue in force in favor of such Insured,agency fees and expenses, shall reduce the amount of the insurance pro tanto and no pay- or instrumentality, subject to all of the conditions and stipulations hereof. ment shall be made without producing this policy for endorsement of such payment 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the This policy does net 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 limited sured herein then such payments shall not reduce pro tanto the amount of the to building and zoning ordinances) restricting or regulating or prohibiting the insurance afforded hereunder as to such Insured, except to the extent that such occupancy, use or enjoyment of the land, or regulating the character, dimensions, payments reduce the amount of the indebtedness secured by such mortgage. Pay- or location of any improvement now or hereafter erected on said land,or prohibiting ment in full by any person or voluntary satisfaction or release by the Insured of a a separation in ownership or a reduction in the dimensions or area of any lot or mortgage covered by this policy shall terminate all liability of the Company to the parcel of land. insured owner of the indebtedness secured by such mortgage, except as provided in (b) Governmental rights of police power or eminent domain unless notice of paragraph 2 hereof. the exercise of such rights appears in the public records at the date hereof. (e) When liability has been definitely fixed in accordance with the conditions of (c) Title to any property beyond the lines of the land expressly described in this policy the loss or damage shall be payable within thirty days thereafter. 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 specifically provides that such property, rights or easements are insured, except that any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter if the land abuts upon one or more physically open streets or highways this policy executed by the Insured which is a charge or lien on the estate or interest described insures the ordinary rights of abutting owners for access to one of such streets or or referred to in Schedule A,and the amount so paid shall be deemed a payment To highways, unless otherwise excepted or excluded herein. the Insured under this policy. The provisions of this Paragraph numbered 8 shall (d) Defects, lions, encumbrances, adverse claims against the title as insured or not apply to an Insured owner of an indebtedness secured by a mortgage shown other matters (1) created, suffered, assumed or agreed to by the Insured claiming in Schedule B unless such Insured acquires title to said estate or interest in mtis- toss or damage; or (2) known to the Insured Claimant either at the date of this faction of said indebtedness or any part thereof. policy or at the date such Insured Claimant acquired an estate or interest insured 9. COINSURANCE AND APPORTIONMENT by this policy and not shown by the public records, unless disclosure thereof in (a) In the event that a partial loss-occurs after the Insured makes an improve• writing by the Insured shall have 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, such proportion only of any partial loss established shall be borne by the a purchaser or encumbrancer for value without knowledge. Company as one hundred twenty per centum of the amount of this policy bears 4. DEFENSE AND PROSECUTION OF ACTIONS— to the sum of the amount of this policy and the amount expended for the improve. NOTICE OF CLAIM TO BE GIVEN BY THE INSURED 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 (a) The Company, at its own cost and without undue delay shall provide (1) proceedings, in behalf.of the Insured pursuant to the terms of this policy or to for the defense of the Insured in all litigation consisting of actions or proceedings costs imposed on the Insured in such actions or proceedings, and shall apply only commenced against the Insured, or defenses, restraining orders, or injunctions inter• to that portion of losses which exceed in the aggregate ten per cent of the face of posed against a foreclosure or sale of the mortgage and indebtedness covered by thepolicy. this policy or a sale of the estate or interest in said land; or (2) for such action as Provided, however, that the foregoing coinsurance provisions shall not apply may be appropriate to establish the title of the estate or interest or the lien of the to any loss arising out of a lien or encumbrance for a liquidated amount which mortgage as insured, which litigation or action in any of such events is founded existed on the date of this policy and was not shown in Schedule B; and provided upon an alleged defect, lien or encumbrance insured against by this policy,and may further, such coinsurance provisions shall not apply to any loss if, at the time of pursue any litigation to final determination in the court of last resort. the occurance of such loss, the then value of the premises, as so improved, does (b) In case any such action or proceeding shall be begun, or defense inter• not exceed one hundred twenty per centum of the amount of this policy. posed, or in case knowledge shall come to the Insured of any claim of title or (b) If the land described or referred to in Schedule A is divisible into separate interest which is adverse to the title of the estate or interest or lien of the mortgage and noncontiguous parcels, or if contiguous and such parcels are not used as one as insured, or which might cause loss or damage for which the Company shall or single site, and a loss is established affecting one or more of mid parcels but not may be Iiable by virtue of this policy, or if the Insured shall in good faith con• all,the loss shall be computed and settled on a pro rata basis as if the face amount tract to sell the indebtedness secured by a mortgage covered by this policy, or, if of this policy was divided pro rata as to the value on the date of this policy of each an Insured in good faith leases or contracts to sell, lease or mortgage the mine, or separate independent parcel to the whole, exclusive of any improvements made if the successful bidder at a foreclosure sale under a mortgage covered by this policy subsequent to the date of this policy, unless a liability or value has otherwise been refuses to purchase and in any such event the title to said estate or interest is re- agreed upon as to each such parcel by the Company and the Insured at the time of jetted as unmarketable, the Insured shall notify the Company thereof in writing. the issuance of this policy and shown by an express statement herein or by an If such notice shall not be given to the Company within ten days of the receipt of endorsement attached hereto. process or pleadings or if the Insured shall not, in writing, promptly notify the 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not in writing, promptly notify Whenever the Company shall have settled a claim under this policy, all right the Company of any such rejection by reason of claimed unmarketability of title,then of subrogation shall vest in the Company unaffected by any act of the Insured, all liability of the Company in regard to the subject matter of such action, pro- and it shall be subrogated to and be entitled to all rights and remedies which the ceeding or matter shall cease and terminate; provided,however,that failure to notify Insured would have had against any person or property in respect to such claim shall to no case prejudice the claim of any Insured unless the Company shall be had this policy not been issued. If the payment does not cover the loss of the In• actually prejudiced by such failure and then only to the extent of such prejudice. sured, the Company shall be subrogated to such rights and remedies in the propor- (c) The Company shall have the right at its own cost to institute and tion which mid payment bears to the amount of said loan. If loss should result from p y e prosecute any act of the Insured, such act shall not void this policy, but the Company, in any action or proceeding or do any other act which in its opinion may be necessary that event- shall be required to pay only that part of any losses insured against or desirable to establish the title of the estate or interest or the lien of the mortgage hereunder which shall exceed the amount, if any, lost to the Company by reason as insured; and the Company may take any appropriate action under the terms of of the impairment of the right of subrogation. The Insured, if requested by the this policy whether or not it shall be liable thereunder and shall not thereby concede Company, shall transfer to the Company all rgihts and remedies against any person bability or waive any provision of this policy. or property necessary in order to perfect such right of subrogation, and shall permit (d) In all cases where this policy permits or requires the Company to prosecute the Company to use the name of the Insured in any transaction or litigation involving or provide for the defense of any action or proceeding, the Insured shall secure to such rights or remedies. it the right to so prosecute or provide defense in such action or proceeding, and If the Insured is the owner of the indebtedness secured by a mortgage covered all appeals therein, and permit it to use, at its option, the name of the Insured for by this policy, such Insured may release or substitute the personal liability of any such purpose. Whenever requested by the Company the Insured shall give the debtor or guarantor, or extend or otherwise modify the terms of payment, or release Company all reasonable aid in any such action or proceeding, in effecting settle. a portion of the estate or interest from the lien of the mortgage, or release any ment, securing evidence, obtaining witnesses, or prosecuting or defending such collateral security for the indebtedness, provided such act does not result in any action or proceeding,and the Company shall reimburse the Insured for any expense loss of priority of the lien of the mortgage. so incurred. 11. POLICY ENTIRE CONTRACT 5. NOTICE OF LOSS—LIMITATION OF ACTION Any action or actions or rights of action that the Insured may have or may bring In addition to the notices required under paragraph 4(b),a statement in writing against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on of any loss or damage for which it is claimed the Company is liable under this the provisions of this policy. policy shall be furnished to the Company within sixty days after such Ions or damage No provision or condition of this policy can be waived or changed except by shall have been determined and no right of action shall accrue to the Insured under writing endorsed hereon or attached hereto signed by the President,a Vice-President, this policy until thirty days after such statement shall have been furnished, and no the Secretary, and Assistant Secretary or other validating officer of the Company. recovery shall be had by the Insured under this policy unless action shall be com- menced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of Ions or damage, or to commence such action within the All notices required to be given the Company and any statement in writing time hereinbefore specified, shall be a conclusive bar against maintenance by the required to be furnished the Company shall be addressed to it at the office which Insured of any action under this policy. issued this policy. TI 12