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7889 & 7888 ~ Pinebrook Street 7889 Number: (SSL 67,2) Deed Reference: B 518, P 424 KNOW ALL MEN BY THESE PRESENTS: That we (Jr'2C A Propert - • Oregon--- Coxz=or nn — — 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 )tvlbmiNgtvtbstreabeir, as follows : L rectanular portion of land in Section 11, Township 2 South, Rance I ,'d EanWest, il lar[.ette M'er'idian, Washington County, Oregon.non. Be inning at the Northwest corner of Lot Pi nets ook Terrace Suhd is i on, of said. County, said corner being ) .02 feet frorn the Northeast corner of said subdivision; thence South 100 52 ' West a distance of 10 ,0 feet along the Westerly line o - Lot 00,; thence East a distance of 7 .0 feet; thence North J 9 52 ' East a distance of 10 .0 feet to the Northerly line of Lot 7, , thence West Northerly a distance of 7 .0 feet along said line to the point of beginning. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion as tion purposes, of additional lands lying � 1;tt3�1515 � 1 -% "` ��� ' ett deserii( below WORG(filZialOth7Q1MgrXXXOli, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures ,___ .n,: 4-„...,.,,,."ks ancamanf shall terminate upon completion of the _ 7889 An additional loTncT7 of land l-;- nc; parallel. and contiguous ' td the above ran seri . Pel rarcel of l_and ., Beginning at a point on the Northerly line o± Tint U, Pinebroe'' Terrace t` i � Subdivision of said County, said pont being u .O2 feet West r- the Northeast corner of said sL he l\.;is ion" thence South 9r ? ' West a distance of ..; 0 feet, along the permanent easement line; thence West a distance of 7 .° feet, alone; the permanent easement Tine to the Westerly line of rot flS of said SU.`Ci \ 1s_ fence South = 57 ' West a distance of 25 feet along said Westerly line,ne, hence East distance of 25 .0 feet; thence North " ,2 ' `mast a distance of 35 .0 feet to the Northerly line of said Talong said northerly line r�ca� thence West ]. -'. .�0 feet to the point of begi_nn inc . 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 work manlike 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 work manlike 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 day of__— • 19 _(SEAL) _ r (SEAL) AGA Properties , Inc . , an Or=can. 1 ' • Corporation ' 1 EAL i L�� (SEAL) ) .. (SE ) _(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, ) ss. County of , ) On this_ _—day of_ - — —, 19 , personally appeared the above named and acknowledged t,1 e i g instrument to be their voluntary act and deed. .. - Before me: titifIVar.: Nntary Puhlic for Oregon ?889 FORK Ns. 24—ACKNOWLEDGMENT—CORPORATION. 611 STEVENS NESS LAW PUB.CO.,PORTLAND,ORE. STATE OF OREGON, Washington 1 ss. County of On this 8th day of 6eP.tQmbr , 19_._67., STAN 24=S and before me appeared WAYNE D. t DKINS both to me personally known, who being duly sworn, did say that he, the said Stan. d 4ms is the President, and he, the said Wayne U., `Ldkins is the Secretary of AGA Proparides..Ine the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- t ,end.that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board \ tars, and Stan Adkins and Wayne D. r dkins ., a ached said instrument to be the free act and deed of said Corporation. ` ,. IN TESTIMONY , - REOF I have he`A nto set my hand and affixed F “��` my o icial se- he d:r and year 1: ahoy- writteAm a' 410,101111( . sem' T � • .-- Notary Public for Oregon. ',(,:',‘,,i', i r i' My C.mmission expires BOOK 660 PAGE 403 N J r JJ S86°34'W_ ;, t .,1 r _O �" '`, :, •,. ---f 1200 ,k_ ,.. I1 9 ,, ,, 3 N. ,0i,5� � '0 �/ r 2'_- ''O(�I �C '�;5.46 ,' 3(i Iv '.� few,. .a fl n _b- / d — — --- - z'\ Ac, s' �aoa¢ ek ;<r a R STREET PINES " ,v Esr S 1400 — 14`„--- — Y I �'S I m 64.9 7 - 22-__.----1,„; 4£70 ,_ 9 b '___-' - ;l$`, i �v°„ ,,,' z' 5700 0/ 5&;0 S� a �= 12 7 i'b 8 I �: v _I —1 n�!_2µ62 ,c.` f' l� J 7s tis ah4� __—; _ . J5_ „, 7, ,,)\ n 6(�l tinI .il"; 5(-I'.; 6202 16200 1'' 64 ' 7P ia 3 9 9 5 5f_r(` �', MI 1 i 5400 79 \' 6 f i � 2ST �m - 2arta--'_> � i ��'; �s r 7 T 6 r I 6201 I7 7 m o� ..7.; ' 3c ,r7/ a 0 0 PUB 594 43 !-.' • ,/ .e,4 NL / �s.A d ,ts •.' 7",/v. /'' . ' /4%/'; .4.?i fY %'i •-.9: - I 1 LINE OF 5OLCMO9 PI ,-1"„Q - — N� 44 1/ INI�I/1L 1.(, 'IT ;" ,yc,._ ,,f' r2 )1 0 6300 V SEE 2S1 " I 3 ^0 f) O bc.O H. , . N (, e > 1-1 I N. < x '' 0 H. 0 00 n o, � n (J w Cr) rt A H. O w ID Rb co G H a • r f-' H ,P (C 0 n • • ,,14241 11(00ER TTHOMSSEN, Director of Records 8s Elections by GI Deputy c I:#1 PAGE 404 8 8 9 STATE/rOREGON t yLl Count/ Washington S ss Count �Q I, Roger Thomssen, Director of Records and E4 ions and, Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within instrument ci writing'.was received and ,record in book - G in the Records of of said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy SEP 20 9 29 AM '67 788$. - Number: 3 (SSL 67-2) Deed Reference: B l424 KNOW ALL MEN BY THESE PRESENTS: That we (0 AGA Prnpa ti es, Tne.-r—an Ortc,cr.on C.oIpOrat i oaz 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 — flR9tMx ; ] Ni MMANlrp2iMiH$aitTfir t ;c'g d iN XIM fi X as follows : A fifteen (15 .0) foot wide strip of land in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; within that track of land conveyed to AGA Properties, Inc . , an Oregon Corporation, as recorded in Book 518, Page 424 of the Deeds and Records of said County; said, easement area being 7 . 5 ' on each side and parallel with, when measured at right angles, with the following described cater line: Beginning, at a point on the easterly line of Lot 2, Pinebrook Terrace Subdivision, of said County; said point being Southerly 82 .99 fest from the Northeast corner of said Lot 2 ; thence South 59 43 ' 15" West a distance of 11 .4 feet, more or less, to the ending point of said center line; said ending point being an existing sanitary sewer manhole. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within 17 - 5 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures nrnsPnt unnn the premises. This temporary easement shall terminate upon completion of the • 7888 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 work manlike 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 work manlike 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 day of — — -- __(SEAL) (SEAL) AGA Properties, Inc . , an Oregon Corporation — —(SEAL) Lk-jiMrif"—e_ - — (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, ) ss. County of , ) On this day of —_ __—, 19 — , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: w Q t' 7886 '�'+'�"L"� 611 STEV EN S-NESS LAW PUB.CO.,PORTLAND,OR6, POEM N.. 24—ACKNOWLEDGMENT—CORPORATION. STATE OF OREGON, 1 67 Count of Washington ss On this 8th day of September 19 and Y before me appeared STAN ADKIIIS W ZNE D• ADKINS both to me personally known,who being duly sworn, did say that he, the said Stan. is the President, and he, the said Wa ale UAAdkins is,the Secretary of A Px Rertae.a.Ing.. ,• , igitltithio named Corporation,and that the seal affixed to said instrument is the corporate seal of said Corpora- ; , f , r "iflat the said instrument was signed and sealed in behalf of said Corporation by authority of its Board -;-:,7.-1,,C''' of ,D: ,-and Stan "clki 1 and Wayne D. Adkins ,� , � y F acknawladged said instrument to be the free act and deed of said Corporate• , " ' 1 IN TESTIMONY WHEREOF, I hay-reunto se my hand and affi • , �f a .1 m offici seal t ,- day and y lastve writ {" F ��_11y t .,` NotaryPublic for Oregon. . 4 y P: My Commission expires BOOK 660PAGE 399 ION H T2S RI W W.M. 1 COUNTY OREGON. E . E Ii --7- IC 0 ;:(' ' ::(•..ty‹. ' ' 4"P• '•,:r ' -.., ' ","' -i '•- . - .77/./', ';'-'11."-r"-;, i-/-7,/,'>C-414'.:- ?'''' / / 1 -•:it / / 7 - / / CI\-- I 000 1 900 / 1 500 400 1 / CO1 tz 7 _ , 6 0, / ,' E E , , -• i , k , .-- ,t. ,,D.''' ,_,00 r . ) r- Stan Adins, Bui1 ,9er - el og PflO„ Ecx '1'373 $i Ticard, Oro-on 7:,r) - _ c X _ BO OA 7e ra g e 424" o L ) . , u, 1 ------ ---- )a. --' - .,------- STREET ,,„ auk - ,, ,..- -,,,. 8 . ... --' 1400 rc, 500 ' Ao 11 / .1 85 -- 1 5700 ‘?- \ - -'7\c_ AY- Z 2 ------,— — -'-f, 1 M i 62C c•-•,-, 6 c. 0 e4 -,- , V ,, - g \,_. ,,.....,-. --ir r- - - - _ - — . --*--7--• ,-, -,,, , - , ,. . 65 .., _._ , N 7 7 'Ci' / .- 0 t 1'\-i- f; 0 1 1.-7'...--A1,-- "IL.--...44-zi.,4----Pc`X-i.--(n , •••••,,,,,zr..------1.-). -7,7.-,,;4.'7,---:"."-''"'''''''','-'7'—'''.':"",...'" ' - - ... I o) I 4\ 4 g 14F •i, 3I 6300 =-4e.- C STATE OFOREGON e:jkuniy off Washington ss TIT, Roger Thomssen, Director of Records and Elect and Ex-Officio Recorder' of Conveyances for saffj county, do hereby certify that the within instrument of writing was received and recorded in book in the Records of of said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy SEP 20 9 29 AM '67 L r Number: 2 (SSL 67-2) Deed Reference: B 553, p 480 KNOW ALL MEN BY THESE PRESENTS: That we (I)__P-i rook---Sauna strict-- 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 — .. s i 4 M S �: * J4'- !•.x .z 4.• s.s ...^ off♦ v�e. • . c ♦ :.'.. a-..�....� > c. 1:""'�"nr.r*777 as follows: A fifteen (15.0) foot wide strip of land in Section 11, Town- ship 2 South, Range 1 west, Willamette Meridian. Washington County, Oregon; within that track of land conveyed to Pinbrook Sanitary Distrust by deed and recorded in Book 553, Page 480 of the deed records of said county; said easement area being 7.5" on each side and parallel, When measured at right angles, with the following described center line: Beginning at a point on the northerly line of Lot 1, Pinebrook Terrace Subdivision of said County; said point being westerly a distance of 96.61 feet from the Northeasterly corner of said subdivision; thence South 26° 24' west a distance of 3.44 feet; thence South 59° 43' 15" West a distance of 158.5 feet more or less, to a point on the easterly line of Lot 2, of said subdivision; Said point being southerly 82.99 feet from the Northeast corner of Lot 2 of said subdivision. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within 1L.5 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures Ph;,, tamnnrary aaspmpnt shall terminate upon completion of the 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 work manlike 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 work manlike 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—_._— day of_ , 19 —_--- -- —(SEAL) — -- -- (SEAL) Pinebrook Sanitary District (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, ) ss. County of - , ) On this__ day of — —, 19 -- , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Nntary Pnhlir fnr flragnn • • • T / ,° I 74€e If44,044,ce• e4 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. 31317 7 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 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. Countersigned ` XXX\X\XXX�1 TITLE INSURANCE COMPANY ` ?•.•• ••.�'0,/0 ByYJ 3.�/1.vr s2Ze-- cv • OFtPOR.,4 T••.7's37// President f cam,. s-, o IFS- •G •� D Attest: Authorized Officer; • S Ko : v Z / ••• ERZ• i • Secretary • PAGE 1 OF POLICY I/ REV.7-63 !!) o N v • SCHEDULE A Amount $ 1, 000.00 Date September 20, 195 ' At 9: 29 A.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to said btotkis, at the date hereof, vested in A. G. A. PROPERTIES, INC. , an Oregon Corporation.--- The land referred to in this policy is described as: PERPETUAL EASEMENT: A 15.0 foot wide strip of land in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; within that track of land conveyed to AGA Properties, Inc. , an Oregon Corporation, as recorded in Book 518, Page 424 of the Deeds and Records of said County; said easement area being 7. 5 feet on each side and parallel with, when measured at right angles, with the following described center line: Beginning at a point on the Easterly line of Lot 2, PINEBROOK TERRACE SUBDIVISION, of said County; said point being Southerly 82.99 feet from the Northeast corner of said Lot 2; thence South 59"43 ' 15" West a distance of 11.4 feet, more or less, to the ending point of said center line; said ending point being an existing sanitary sewer manhole. TEMPORARY EASEMENT: Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes, of additional lands lying parallel to, along both sides and within 17. 5 feet, when measured at right angles, of the above described perpetual easement area.--- PAGE 2 OF POLICY NO.31217 7 T 128 • Oregon Land Title Association Standard Coverage Policy R860 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. Tigard City Liens, if any. 6. 1966-67 taxes, $34.44 plus interest, unpaid. (2S1 11AD 500 23-44) 7. Conditions and Restrictions, as disclosed in Mortgage executed by A. G. A. Properties, Inc. , an Oregon corporation, to Ward Cook, Inc. , an Oregon corporation, dated September 23, 1964, recorded September 24, 1964, in Book 524, Page 15, Washington County Records. 8. Restrictive Covenant, in instrument executed by A. G. A. Properties, recorded, dated August 31, 1964, in Book 524, Page 239, Washington County Records, reference to which is hereby made. 9. Statutory powers and assessments of Pinebrook Sanitary District. 10. Easement, including the terms and provisions thereof, granted to City of Tigard, dated September, 1967, recorded September 20, 1967, in Book 660, Page 397, Washington County Records.--- Page 3 of Policy No. 313177 TI-30 -,;-0 ... . /A RIW W.M. , . ,,-s4 . . * 2$ I II AD ..., „: ,...., V ... • ,./ 0.„„m;;,...,.1-(--7,..-f,;-"- - ,,7,,---- --. eKv:r';.. 7,'/ /Z717.7-.; „g4sT'441.4e/e ,0014•14,%%,;. , '„',,,oi-,v,4:"..:',:- 0 _900 500 400 / I 00 N• „pi in 6 , ., ,,, •oo 88 .--, , \cst*.800 a: .o 2 I o.' WEST ' N CO PO a — ^„, 1947 4001 a o 0 • -r In N 200 1. 0 — o I\ WESO or • _ o 0 co° S 87°56'E — 84 94 1-',,a R.50 • .. , p 85.62 N 600 A., JEST 5735 C50 co in cv'6 I— 300 w 3 6 2 , -. ,,, . 0 4 rn -ca - 2 a 0 z ,-,- co 86 , 0 4—"7— ' 61'23 200 50 0 165.46 • '57L ,1,0 w ,(- A&° '50 • 0 • 7-'5\' iv. P I NEBROOK TERRACE S LOTS I - 41 , 6 8 -88 S <(\,.. • b . -.-.2 R T R E E T . z.,..... T. ,D 2a , • in • EAST r. • ., ... ' O o 0 cla 70 . 10 S 98 '9.59 Tt../.6.. •10 2.4 - '.". 5700 o co 5800 5 900 o R 0 i8 •I'' 0 6 85 . .r. , 8 I - ci, 0 WEST nfi ,fl — 40 1:\ 0 . NS' ‘. 0 A \ .,.. c),1 .1,—, —II - ...* W E ST 100 23 • . 0. 6000 ...., •t 0') • 148 42 01' 80 o4 6200 ,•-) C1 10 .,.. • NC) 5 600 ,\ 0 o 8 4 N 0 .\ " rn c9 ...... 79 \ N 0,. 0 82 EAST 83 N 8 ccs z 00 W EST a .. . r) -0 0 \• no T:1,,c7-1 I 06 90 --,4 0 30 \ co cc o r.'" TO PUBLIC 594/439 ///, // // ///,;loihIAI' './%;:"W;"'''', ::;,..',.,•/ ''".:../-4. :.'fP.tV\'-• ' -—i'-f- ' - ''''''''-'. ''. . -• .•:.• '••••,•-ie3"r4<z:', Ki:,:. •-, .- ,..' !., ‹..;-. -- --. s..- - . -, - - . -,.....' ." 2HARDSO N 0 LC NO 44 - ---- INITIAt PONT IS WEST 192102 ISEE MAP 2 S I 12B 1 .e II • u 0 lb co ›..Icc 1111 i • / I rate com,1,44,, • 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. 313176 Premium $ 2 5.00 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 stared 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. ...........1 Countersigned y vRANCF 111 TITLE INSURANCE COMPANY �� ••••••••.• 0111, $y 4/ *i & °Filq�, ••"'Q 9 President Authorized G=�...-i...r-er i —z4— l-c__.a.-.___u : �•► i Attest• Authorized Officer % C�,1 2 Ko Z • v Z �/r •j7 moi/ •tj,t i r �,e .. • Secretary PAGE 1 OF P�LICY l� •.•••••••••.• SCHEDULE A • Amount $ 1, 000.00 Date September 20, 1967 At 9:29 A.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to saicbis, at the date hereof, vested in A. G. A. PROPERTIES, INC. , an Oregon Corporation.--- The land referred to in this policy is described as: PERPETUAL EASEMENT A rectangular portion of land in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. Beginning at the Northwest corner of Lot 88, PINEBROOK TERRACE SUBDIVISION, of said County, said corner being 95.02 feet from the Northeast corner of said subdivision; thence South 19°52 ' West a distance of 10.0 feet along the Westerly line of Lot 88; thence East a distance of 7.0 feet; thence North 19"52 ' East a distance of 10.0 feet to the Northerly line of Lot 88; thence West a distance of 7.0 feet along said Northerly line to the point of beginning. TEMPORARY EASEMENT An additional block of land lying parallel and continguous to the above described parcel of land. Beginning at a point on the Northerly line of Lot 88, PINEBROOK TERRACE SUBDIVISION of said County, said point being 88.02 feet West of the Northeast corner of said subdivision; thence South 19"52 ' West a distance of 10.0 feet, along the permanent easement line; thence West a distance of 7.0 feet, along the permanent easement line to the Westerly line of Lot 88 of said subdivision; thence South 19°52 ' West a distance of 25 feet along said Westerly line; thence East a distance of 25.0 feet; thence North 19°52 ' East a distance of 35.0 feet to the Northerly line of said Lot 88; thence West 18.0 feet along said Northerly line to the point of beginning.--- PAGE 2 OF POLICY NO. 313176 T 128 • Oregon Land Title Association Standard Coverage Policy R e-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. Subject to statutory powers and assessments of Pinebrook Sanitary District. 6. Declaration of conditions and restrictions, and easements re- served, in Mortgage given by A. G. A. Properties, Inc. , an Oregon cor- poration, to Ward Cook, Inc. , an Oregon corporation, dated September 23, 1964, recorded September 24, 1964, in Book 524, Page 15, Washing- ton County Records, reference to which is hereby made. 7. Restrictive Covenants, executed by A. G. A. Properties, recorded September 28, 1964, in Book 524, Page 239, Washington County Records, zference to which is hereby made. 8. Easement, including the terms and provisions thereof, granted to Portland General Electric Company, an Oregon corporation, dated June 27, 1966, recorded July 1, 1966, in Book 606, Page 427, Washi►gton County Records. 9. Easement as shown on plat. 10. Easement, including the terms and provisions thereof, granted to City of Tigard, a municipal corporation, dated September, 1967, recorded September 20, 1967, in Book 660, Page 401, Washington County Records. 11. Tigard City Liens, if any.--- Page 3 of Policy No. 31317 6 TI-30 :.-,,,--- RI W .W.M. . , . . v . - 2S 1 14 AD • \I- . . ,./ „ ;, :&7.." -'' ,7 "" -v.-07-r;f5 ''"'"/ ,-Zz'y- %,i"77: #:-.4r7:"/' ""'' %. '' 4C'''' 900 - 500 400 / 100 Fl, /co • ‘.,,..),/ • /: 8 8 , 0 6 o •0 rn ti tri ' NN° t•t'.800 'T. ,,, 2 N'N \ CV 0• on 7 0 0 --- /7, 05 ) sc S 87°56'E ,•°'700 7 — • 0/ESO ." 60 0 :0.. rn Lo cr l• 0 N i r 0 c 17* , ,. '..,& 2003 s87 7 .4 E 5 75 I' C 7 CO 7 if) •c, .4, *' t, R.50,1„ in 1 (0 3 •-:- ,,-, ,,, Jr .....,, 0 _.% `P., c,_)J-$ en "c•4 z 00 /,., 4 a 0 / cn 86 tO 0 "AC ..-% 0 o_ 8-20 u.• 'lk ro, \L1'• 61 23 200 50 0 01( I 6 5 46 tirit) o ;50 " 0 ;•1 <t ) .28, ' 5 ' STREET . : P I NEBROOK TERRACE Lc., ... LOTS i - 41 , 6 8 -88 9 8 EAST P 3/ 4 ,2°°° 4 487o • I 0 5 A , 5 90 0 t° 60-C) 0, 5700 0 0) 5 8°0 0 @ ‘‘, 'I4 co 8 I 4". 0 • , . ,;.. 1:, 0 (0 'n el. .., 0 6 o. 85 ..... a . 0 •‘ ,„ __) W EST " 4o , i- o ; W E S T 0023 . :t4 i,,,p • • 2 o co 6000 .\ 0 62 \ ,s, 80 0 e, \v o- 0 DP 5 600 <-.„, 8 4 00 N. ...c,9 10 6 64 ,r, •-, ,o c 6 100 4 v.. 01 ,0 82 EAST . co 0 ' • I 42 2: I 0 6 9 0 \, °1 TO PUBLIC 594/439 " 4 0, z, .-,;.4 ,-, ,.0:4;d 3 '-' ///"////./ /'',/,'"/"./ / /:,,,, ,,,,,,,,,,,-.77,,,,,;,„ ,.,.: :,,.„ ,„. , C ARLSO N D L C NO 44 - NI"-IAL PONT IS WEST 192102 • ISEE MAP 2 S 1 12B I I I 1 I I , 0 0 . 1 < Zr" 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) 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 policy,or,in case loss is claimed under this policy the owner r of haveeindebtedness a tope ss (a) "land": the land described,which specifically constituteor by reference,prp inSchedule A and secured by a mortgage covered by this policy, Company payment improvements c records":ecthereto which by law impar real property; n full amount of this policy,together with all costs,hatto[rney's all liability expenses the Com. (b) "public those records which impart constructive notice of matters to purchase said indebtedness; such purchase, payment or tender o ofthe relating to said land; the Company is obligated hereunder to pay, (c) "knowledge": actual knowledge, not constructive knowledge or notice which pany 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 c7.ppYMENT the same to F ItheOSCompany upon payment of the purchase price. ment; and and if the owner of the (a) The liability of the Company under this policy shall in no case exceed, in (1) "insured": the party or parties named as Insured, all, the actual loss of the Insured and costs and attorney's fees which the Company indebtedneess A, ,heed byu a mortgagel ishown(1)in eSach B is named as an Insured may be obligated hereunder to pay. insuch indebtedness,the Insured shall include each esether in interest in ownership (b) The Company will pay, in addition to any loss insured against by this tof isn spolicyb (2)eany such owner'swho acquiresr the estatelmanneror interest satisfaction policy, all costs imposed upon the Insured in litigation carried on by the Company of is this bte by foreclosure,anystfede alleagencythor instrumentality whichfasti an for the Insured, and all costs and attorney's fees in litigation carried on by the insurer said indebtedness,guarantorors, Insured with the written authorization of the Company. this or neunder any [ thereof, whether named as[an Insured herein or (c) No claim>foerdamages having shall arise d anor be maintainable defect,uner lien policy (1)Ing saidindebtedness,otherwise orto tpartif the Company, • not, subject otherwise to the provisions hereof. 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 or other legal manner in satisfaction of said indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has 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 ofa trustee's he sale, been a final determination by a court of competent jurisdiction sustaining such part thereof, or if a federal agency or instrumentality acquires said estate or interest, rejection. attorneys' or any part thereof, as a consequence of an insurance contract or guaranty insuring (d) All payments under this policy, except payments made for costs, anyor guaranteeing the indebtedness secured by forcea mortgage covered ofsuch bthis policy,, or part thereof, this policy shall continue in in favor of Insured,agency fees and expenses, shall reduce the amount of the insurance pro tanto and no pay- unless the policy de lost or destroyedoduciin which case proof of such loaf or payment or instrumentality, subject to all of the conditions and stipulations hereof. ment shall be made without producing this policy for endorsement of suchpayment 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY shall be furnished to the satisfaction of the Company; provided, however, if the 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- ed ein then such (a) Any law,ndningnce or noes) rorti e (including or but not limited sinsurance r afreforded pede hereuamounder ofts thshall ch Insured,se pro ed tanto tbyo such tent that Pay- to building and zoning ordinances) restricting or regulating or prohibiting the insurance afforded hereunder as to such Insured, except to the extent that such d ons, occupancy,tion use enjoyment t the land,er or regulatingerecthe cland, prohibiting payments 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 insured owner of the indebtedness secured by such mortgage, except as provided in 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 tot e parcel of land. paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of (b) Governmental rights appears of police power or eminent domain te unlessernotice of this policy the loss or damage shall e payable within thirty days conditions the exercise of such in the public records at the date hereof. S LIABILITY NONCUMULATIVE (c) Title to any property beyond the lines of lanes, watldorxpressly w waterways onbed in which Schedule s orle streets,o roans, avenues, Y may under anypolicyinsuring the validity or priority of such land abuts, the right to maintain therein vaults, tunnels, ramps or any other It is expressly understood that the amount of this policy is reducedby any structure or improvement; or any rights or easements therein unless this policy amount the Companypay specificallye hereafter if the land abuts uponatonsuhec roperty, ally open streets or highways thisp ppolicy executedt by the Insured which ista chargeorSchedule onrthe estate or tinterest described the Insuredreunder this apAcy. The provisions s of es labeade numbered 8 shallo 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 deemeda payment to highways, unless otherwise excepted d herein. not apply to an Insured owner of an indebtedness secured by a mortgage shown (d) Defects, liens, encumbrances,dadverse claims against the titlelas insured or in Schedule B unless such Insured acquires title to said estate or interest in satis- loots damage;a (1) created,) suffered, assumed or Claimant to by the Insured claimingotis faction of said indebtedness or any part thereof. loss or oratthora (2) knowns to the Insured either at the date of this policy l the date such Insured public acquired an estatesorcl interestrinsuredof 9. COINSURANCEItheeANDnt at a APPORTIONMENT rtoss-oche Insured makes an improve- wrby thisbype and not shown have the drecords, unless priors tooe thereof inf (a)ment subsequent to the date of this policy, and only in that event, the Insured thising theor3)Insured longinno been made to the Company lam prior the tach of becomes a coinsurer to the extent hereinafter set forrth•centum of the amount of this policy; b '3) resulting theed loss to the Insured Claimant; or (4) attaching If the cost of the improvement exceeds twenty per or created subsequent to date hereof. policy, such proportion only of any partial loss established shall be borne by the (e) Loss ore damage which would not have beenosustained if the Insured were Company as one hundred twenty per centum of the amount of this policy bears a purchaser DEFENSE encumbrancer for valueOOFout knowledge. to the sum of the amount of this policy and the amount expended for the the,improve- NOTICE r 4. AND PROSECUTION EACTIONS — tent. The foregoing provisions shall not apply OF CLAIM TO BE GIVEN BY THE INSURED in- curred by the Company in prosecuting or providing for the defense of actions or proceedings proceedings, diimngs, on the Insured inI such actionsuorf to theedterm and shall apply onlyt (a) The Company, at its own cost and without undue delay shall provide (1) proceedings, in behalf.of the Insured pursuant to terms of this policy or to forcost the cde against of the Insured in all defenses, restraining consistingof actions, ori or ionsent s to that portion of losses which exceed in the aggregate ten per cent of the face of commenced a inftthe Insured,eorsalel dofe rhes, ororders, tinjunctions c covered inter- however, that the foregoing coinsurance provisions shall not apply posed againstya saleeofothee estate of interests mortsaidgage l and indebtedness rted by the peters. maythc policy or a to the hthe ofin t land; or (2) for such action as to Provided,sarising out of a lien or encumbrance for a liquidated amount which be appropriateswhichiclish litigationtle of the estate any interest or eventsths lienf oof the existed on the date of this policy and was not shown in Schedule B; and provided upon mortgage llainsured, encumbranceor action ine of such is fndnmayded further, such coinsurance provisions shall not apply to any loss if, at the time of rean alleged to finaliord ioninsured against lastby this policy, and may per of amount , this imps pursue any litigation determination in the court of resort. the not exceediione hundlred twentylthen value of the premises, as so improved, does (b) In case any such action or proceeding shall be begun, or defense inter- b If the ud or centum in theeeamo A is divisible into separate olicy. and b( If he land describedparcels, or if referredcontiguoustoand suchedparcelssare not used as one interest or ins case knowledgeerseotshall of the to the Insured interestoany claim of mortgagetir' or ( ) interest which is adverse h these loss a estate or or theen of the hall single site, and a loss is established affecting one or more of said parcels but not all,the loss shall be computed and settled on a pro rata basis as if the face amount as insured, or which might cause or damage for which Company shall or geach may be liablellthe bvirtue nethis policy,reor if the Insured shall in good faith coiof this policy was divided pro rata as to the value eon the hef dates of thishpolicy licyt of made an tract s sell indebtedness fath secured tbyr a mortgage coveredeor orby this te policy,a e, if separate independent parcel to the whole, exclusiveor a subsequent to the date of this policy, unless a liabilityvalue has otherwise been an Insured in good faith leases or contracts to sell, lease mortgage the ate, ifrefusestue successful purchase bander at a any suchuchre sale the titlei a mortgage estateod interestby this policy agreed upon as to each such parcel by the Company and the Insured at the time of as unmarketable, in any ureventllthe ytto said Company thereof r is rg. the issuance of this policy and shown by an express statement herein or by an If su elf not the Insured shall notify we sth in writing.of endorsement attached hereto. If such noticerpleadings shallnot given s thed Company within ten , promptly of the receiptiyof process or or if the Insured shall not, in writing, notify the 10. SUBROGATer ION ION Company all PAYMave ENT settled his all right Company of any defect, ien or the rsue insuredshllagainst which shall come to of subrogation shall vest in the Company ed unaffectedlaiunderby any act policy,f the Insured,lrigt the knowlany'of the Insured, ioro if the Insured shall not in writing, promptly notify and it shall be to and be entitled to all rights and remedies which the the Company ofany suchm any ig reason of subject unmarketability ofbof tion,then Insured would subrogatedhue had against any or all rights in respect to claim all liabilityngor the Company inregard to the subject Wever thatf suchi action, pie- had this policy notabeen issued. If the person paymentr pros not counter lossosuch the In- actually ceeding no mattersces' terminate; provided,hounless faare tos notify cured, the Company shall be to such and propor- ca tion inrudice bsprejudice the claim of any Insured tog unless the Company udicl be tion which said payment bears subrogatedo the amount of said rightsssa. If loss remedies ind theeup from actually ts failureoeoprCompany shall have the.right at its own cost to institute and 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 Company, shall transfer to the Company all rgihts and remedies against any person thisib policy whether anyoy not it shall of liablep thereundericy. and shall not thereby concede or property necessary in order to perfect such right of subrogation, and shall permit liability Inr waive provisionhis this rmiisy the Company to use the name of the Insured in any transaction or litigation involving (d) e forall cases where this policyc permits or requires thetue Company to prosecute such rights or remedies. ito the rightigfor the defense of anyprovide action f proceeding,suche Insuredor shall secure to If the Insured is the owner of the indebtedness secured by a mortgage covered all therein,tso and prosecuter it it use, at its in action the proceeding,Insuredand by this policy, such Insured may release or substitute the personal liability of any u appeals sand permit it tobtheits option, the namensof the live forhdebtor or guarantor, or extend or otherwise modify the terms of payment, or release such anypla Whenevernablaid in any by Companynorproceeding,the Insured effectingshect give the a portion of the estate or interest from the lien of the mortgage, orrelease in any ment,Comp securinge all reasonable o o such witnesses, or prosecutingindefending settle- collateral security for the indebtedness, provided ung, and the Comp y haprhethe or such loss of priority of the lien of the mortgage. action or proceeding,and Company shall reimburse the Insured for any expense 11. POLICY ENTIRE CONTRACT so 5. NOTICE. OF LOSS—LIMITATION OF ACTION IAny action or actions or rights of action that the Insured may have or may bring 5. against the Company arising out of the status of the lien of the mortgage covered In addition to the notices required under paragraph 4(b),a statement in writing by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. of any loss damage f or which it is claimed the Company is alls under e No provision or condition of this policy can be waived or changed except by shallpollly shallvbe furnished to the no within xty days after such loss or damage writing endorsed hereon or attached hereto signed by the President,a Vice-President, have been determined and no right of actionenshall accrue to the Insured undero the Secretary, and Assistant Secretary or other validating officer of the Company. thisrecoverycy shall until thirty days aftersuch statement shalloi have been furnished, and no 12. WHERE SENT hebe had by the Insured under this policy unless actionty dshall be ism- All NOTICES,nIces required to be given the Company and any statement in writing tefurn thereon within five years or damage,a expiration o°commencesaid r such action withiny period. lthe required to be furnished the Company shall be addressednto it at e officenicg to time hereinbeforere such statement df loss specified, shall be a conclusive bar against maintenance by the issued this policy. Insured of any action under this policy. TI 12