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
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,,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
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1 / CO1
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og
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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
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RIW W.M. , .
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2HARDSO N 0 LC NO 44 - ----
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• 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
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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