87-044637 ~ Pathfinder Way 1-141-
v ' 87044637
Pagel of 2
INDIVIDUAL - GENERAL PARTNERSHIP
BIKEWAY AND PEDESTRIAN WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That Douglas Pollock
grantor, for the consideration of
110. 00 dollars , and other good and valuable consideration, the receipt
whereof is acknowledged does hereby give, grant, and convey unto the City of Tigard, a
municipal corporation of Washington County, State of Oregon, and unto its assigns,
forever; an easement over, across and under the following described lands and real
property, to-wit:
The Most Westerly 12. 00 feet of LOQ' 9 YOLO ESTATES
City of Tigard, Washington County, Oregon.
for a bicycle way and pedestrian way, which may be used by pedestrians and
non-motorized mechanical means of transportation, such as bicycles and for no other
purposes, and for said purposes to place, construct, operate, replace, maintain,
inspect, reconstruct and install necessary improvements, and the right to enter upon
such premises for said purposes.
The Grantee shall have the right at any time to enter upon the above described
real property for the purposes hereinabove mentioned, and in connection therewith may
remove any trees, shrubs or brush necessary or convenient to accomplish said purposes.
The Grantors, their heirs, successors, assigns or representatives shall not
construct or maintain any building or other structures upon the above described real
property.
The Grantors do hereby reserve the right to utilize the said area for all private
lawful purposes which do not unreasonably interfere with or are not inconsistent with
the uses thereof by the grantee and the public for the purposes herein stated.
It is expressly understood that this easement does not convey any right, title or
interest except those expressly stated in this easement, nor otherwise prevent
Grantors from the full use and dominion hereover; provided, however, that such use
shall not interfere with the uses and purposes of the intent of the easement.
In consideration of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of the
Grantee in the above-described easement will be forfeited and shall immediately revert
to the Grantors, their successors and assigns in the case of such event.
Douglas Pollock
1
CITY RECORDER
CITY OF TIGARD
P. O. BOX 23397 ( .......3 <
TIGARD, OR 97223
,
INDIVIDUAL-GENERAL PARTNER, IP Page 2 of 2
40111, ir
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their)
hand(s) and seal(s) this ;2771i\- day of , l97
(SEAL)
(SEAL)
,; :$ (SEAL)
(SEAT) .
STATE.OF OREGON )
) ss.
COUNTY OF WA N) , 19',
CLt
�
...._
Personally appeared the above named --)0l/g. a 5 7 /26%-
who
26%.
who executed this instrument and each of them acknowledged to me that this instrument
was executed voluntarily and freely. /
ot. y PublicLfo Or-gon
C
My Commission expires: a?-,7--5--'90
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day
of , 19
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires:
Approved as to legal description this �Q �day of giii_c , 19,#7
B y: � J l�
/ y�_ Lam'
Title: f -,./ car
Approved this (Z-711 day of 4 vi v is , 19 oc17.
DEPARTMENT OF COMMUNITY DEVELOPMENT
y
By: „�ir77.-7-
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(RC:bs/0204S)
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ui �� H �,� Ste_ j O STATE OF OREGON
CC Q Z o. I J
3 ~ W sem, �9 fG. � j oz County of Washington J SS
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V1 — t.--K ,
c-- sn 9 r I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
1981 RUG 3 I PH 1: 38
O'DONNELL, RAMIS, ELLIOTT & CREW
JEFFBACHRACH ATTORNEYS AT LAW
CAN BY OFFICE
CHARLES E.CORRIGAN'
STEPHEN F.CREW BALLOW & WRIGHT BUILDING 181 N.GRANT,SUITE 202
KENNETH M.ELLIOTT 1727 N.W HOYT STREET CAN(5BYOREGON 97013
(503)266-1149
KENNETH H.FOX PORTLAND,OREGON 97209
PHILLIP E.GRILLO (503)222.4402
MARK P.O'DONNELL FAX(503)243-2944
TIMOTHY V.RAMIS
WILLIAM J.STALNAKER
PLEASE REPLY TO PORTLAND OFFICE
MICHAEL REDDEN RECEIVED
OF COUNSEL
'ALSO ADMITTED TO PRACTICE MAR 15 1989
IN STATE OF WASHINGTON
COMMA* Oprn it
March 14, 1989
Mr. Randy Clarno
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Re: Pathfinder Subdivision
Dear Randy:
Enclosed please find your title insurance policy for Tracts A, B
and C in the Pathfinder Subidivision. Please let me know if I
can be of further assistance.
Very truly yours,
O'DONNELL, RAMIS, ELLIOTT & CREW
Kenneth H. Fox
KHF/gaj
Enclosure
cc: Pat Reilly (w/o encl. )
KHF\TIGARD\CLARNO.LTR
OREGON STANDARD COVERAGE-1974
��-4i�..►�+r"s!.��. !Cj� � t r �".��C►�Ct ri`a. �� �iC►�C� G��s ��, � ' ' 1���I
#,..
OREGON STANDARD COVERAGE TITLE INSURANCE POLICY — 1974 bbbLLL
iI
((w +I)) ISSUED BY 1;i))'
(1, '4 0;,4
(( ,$ STEWART TITLE (( ')
(I"' I)), GUARANTY COMPANY ((I�,, °;))
'� ((�'�
(((`;; '�) j)
(1:1 ` STEWART TITLE GUARANTY COMPANY, a corporation of Galveston,Texas,hereinafter called the Company,for a ((0)))
(% �)) valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in
�((�-j)� Schedule A, does hereby insure the parties named as Insured in Schedule A,the heirs,devisees,personal representatives t,,"3.
of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,against direct loss or damage ,.
((Ij) not exceeding the amount stated in Schedule A, together with costs,attorneys'fees and expenses which the Company ((I ';)))
V ' may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain
0 by reason of:
(((sr ((' ;,1))
(� '!)3 1. Title to the land described in Schedule A being vested,at the date hereof,otherwise than as herein stated;or (((�''1�
2. Unmarketability, the date hereof, of the title to said land of anyvestee named herein, unless such unmarket-(Iw �) y• (�, ,I))
;,� " ability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or
0, i �'
,,; 3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in ((1 'I))
i Schedule B,or excluded from coverage in the Schedule of Exclusions from Coverage;or
0„,;" 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the (1 �)
, I)) owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage
60,1)i) 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, 0,'
except as shown in Schedule B,such mortgage or deed of trust being shown in the order of its priority. (( )
” ' all subject, however, to the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto annexed, �l ;
)))
(((;�,;� which together with Schedules A and B are hereby made a part of this policy. 4
(I;?0;i)j IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto ((�}�)).
affixed by its duly authorized officers,the Policy to become valid when countersigned on Schedule A by an authorized
G; ) officer or agent of the Company. '4
�, ) S EWVAEIT TITLE. F^�
((( I) GUARANTY COMPANY"Ilat's: ,*.*::*4***:1,"?.4 A. e:M; /1 Y
','0 .‘941?fratt %77/.( . ,,,ititmAr
1041tt.'044N.
,' Chairman of the Board
� t. President 0,�)
( I Countersigned: h 14+t �"`r91 t-1'
(V ,.1� v il 08 AR.k ((I „$
((I:
CONDITIONS AND STIPULATIONS Continued
(r'sntinued and concluded from reverse side of Policy Face)
Insured, and all costs and attys' fees in litigation Provided, hovt�r, that the foregoing coinsurance pro-
carried on by the Insured with the written authorization of visions shall not apply to any loss arising out of a lien or
the Company. encumbrance for a liquidated amount which existed on the
(c) No claim for damages shall arise or be maintainable date of this policy and was not shown in Schedule B; and
under this policy (1) if the Company,after having received provided further, such coinsurance provisions shall not apply
notice of an alleged defect, lien or encumbrance not to any loss if, at the time of the occurance of such loss,the
excepted or excluded herein removes such defect, lien or then value of the premises,as so improved,does not exceed
encumbrance within a reasonable time after receipt of such one hundred twenty per centum of the amount of this policy.
notice, or (2) for liability voluntarily assumed by the (b) If the land described or referred to in Schedule A
Insured in settling any claim or suit without written is divisible into separate and noncontiguous parcels, or if
consent of the Company, or (3) in the event the title is contiguous and such parcels are not used as one single site,
rejected as unmarketable because of a defect, lien or and a loss is established affecting one or more of said parcels
encumbrance not excepted or excluded in this policy, but not all, the loss shall be computed and settled on a pro
until there has been a final determination by a court of rata basis as if the face amount of this policy was divided
competent jurisdiction sustaining such rejection. pro rata as to the value on the date of this policy of each
(d) All payments under this policy, except payments separate independent parcel to the whole, exclusive of any
made for costs, attorneys' fees and expenses, shall reduce improvements made subsequent to the date of this policy,
the amount of the insurance pro tanto and no payment unless a liability or value has otherwise been agreed upon as
shall he made without producing this policy for endorse- to each such parcel by the Company and the Insured at the
merit of such payment unless the policy be lost or time of the issuance of this policy and shown by an express
destroyed, in which case proof of such loss or destruction statement herein or by an endorsement attached hereto.
shall be furnished to the satisfaction of the company; 9. Subrogation Upon Payment or Settlement
provided, however, if the owner of an indebtedness secured Whenever the Company shall have settled a claim under
by a mortgage shown in Schedule B is an Insured herein this policy,all right of subrogation shall vest in the Company
then such payments shall not reduce pro tanto the amount unaffected by any act of the Insured, and it shall be
of the insurance afforded hereunder as to such Insured, subrogated to and be entitled to all rights and remedies
except to the extent that such payments reduce the amount which the Insured would have had against any person or
of the indebtedness secured by such mortgage. Payment property in respect to such claim had this policy not been
in full by any person or voluntary satisfaction or release issued. If the payment does not cover the loss of the
by the Insured of a mortgage covered by this policy shall Insured, the Company shall be subrogated to such rights and
terminate all liability of the Company to the insured owner remedies in the proportion which said payment bears to the
of the indebtedness secured by such mortgage, except as amount of said loss. If loss should result from any act of
provided in paragraph 2 hereof. the Insured, such act shall not void this policy, but the
(e) When liability has been definitely fixed in Company, in that event, shall be required to pay only that
accordance with the conditions of this policy the loss part of any losses insured against hereunder which shall
or damage shall be payable within thirty days thereafter, exceed the amount, if any, lost to the Company by reason
7. Liability Noncumulative of the impairment of the right of subrogation. The Insured,
if requested by the Company,shall transfer to the Company
It is expressly understood that the amount of this all rights and remedies against any person or property neces-
policy is reduced by any amount the Company may pay sary in order to perfect such right of subrogation,and shall
under any policy insuring the validity or priority of any permit the Company to use the name of the Insured, in any
mortgage shown or referred to in Schedule B hereof or transaction or litigation involving such rights or remedies.
any mortgage hereafter executed by the Insured which is If the Insured is the owner of the indebtedness secured
a charge or lien on the estate or interest described or by a mortgage covered by this policy, such Insured may
referred to in Schedule A, arid the amount so paid shall release or subsitute the personal liability of any debtor or
be deemed a payment to the Insured under this policy. guarantor, or extend or otherwise modify the terms of
The provisions of this paragraph numbered 7 shall not payment, or release a portion of the estate or interest from
apply to an Insured owner of an indebtedness secured by the lien of the mortgage, or release any collateral security
a mortgage shown in Schedule B unless such Insured for the indebtedness, provided such act does not result in
acquires title to said estate or interest in satisfaction of any loss of priority of the lien of the mortgage.
said indebtedness or any part thereof.
10. Policy Entire Contract
8. Coinsurance and Apportionment Any action or actions or rights of action that the
(a) In the event that a partial loss occurs after the Insured may have or may bring against the Company arising
Insured makes an improvement subsequent to the date out of the status of the lien of the mortgage covered by
of this policy, and only in that event,the Insured becomes this policy or the title of the estate or interest insured
a coinsurer to the extent hereinafter set forth. herein must be based on the provisions of this policy.
If the cost of the improvement exceeds twenty per No provision or condition of this policy can be waived or
centum of the amount of this policy,such proportion only changed except by writing endorsed hereon or attached here-
of any partial loss established shall be borne by the to signed by the President, a Vice President, the Secretary,
Company as one hundred twenty per centum of the amount an Assistant Secretary or other validating officer of
of this policy bears to the sum of the amount of this the Company.
policy and the amount expended for the improvement.
The foregoing provisions shall not apply to costs and 11. Notices,Where Sent
attorneys' fees incurred by the Company in prosecuting or All notices required to be given the Company and any
providing for the defense of actions or proceedings in behalf statement in writing required to be furnished the Company
of the Insured pursuant to the terms of this policy or to shall be addressed to it at its main office, P. O. Box 2029,
costs imposed on the Insured in such actirnsor proceedings, Houston,Texas 77252.
arid shall apply only to that portion of losses which exceed
in the aggregate ten per cent of the face of the policy.
STEWART TITLE
Valid Only If Schedules A and B are Attached. GUARANTY COMPANY
Rating Bureau For Title Insurance Companies in Oregon.
Standard Coverage Policy Form 1974
Rating Bureau for Title Insurance Companies in Oregon •.
Schedule A.
"OREGON STANDARD COVERAGE--1974
SCHEDULE A
Order No. 88018033-W Policy No. 0-5201-18874
Date of Policy: January 26, 1989 11: 23 A.M. Amount of Insurance: $15, 000 .00
Premium: $ 170. 00
1. Name of Insured: THE CITY OF TIGARD,
a municipal corporation
2. The estate or interest referred to herein is, at the date hereof, vested in
THE CITY OF TIGARD, a municipal corporation
3. The land referred to in this policy is situated in the State of Oregon, County of WASHINGTON
and described as follows:
Tracts "A" , "B" and "C" , PATHFINDER, in the City of Tigard, County
of Washington and State of Oregon.
Page 2 STEWART TITLE
GUARANTY COMPANY
5212
(5M 10-87)
Rating Bureau for Title Insurance Companies in Oregon.
Schedule B.
OREGON STANDARD COVERAGE-1974
‘64100. ,iwmw
SCHEDULE B
Policy No.: 0-5201-18874
This policy does not insure against loss or damage, nor against costs, attorney's fees or expenses, any or all of which arise 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 on Schedule A 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. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, easements 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 posession thereof.
3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. Statutory liens or other liens or encumbrances, or claims thereof, which are not shown by the public records.
6. Easement, including the terms and provisions thereof:
For: Sewer
Granted to: City of Tigard
Recorded: October 22, 1969
Book: 760 Page: 515
Affects: 15 feet along Northerly line of Tracts "A" and "B"
7 . Easement as shown on the plat:
For : Sewer
Affects: 15 feet along Northerly line of Tracts "A" and "B"
8. Easement as shown on the plat:
For: Sanitary sewer
Affects: 10 foot strip within Tract "A"
•
Page 3 STEWART TITLE
GUARANTY COMPANY
5213 (3/80)
(5M 1087)
w
illE ilial VPV . •:....
S -78 .�
THIS MAP IS FURNISHED AS A '
..
CONVENIENCE BY:
400,804.5C0.4113.s
STEWART TITLE TSTREET F_ 0 T o 1
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