98-011117 ~ Dartmouth Street ~ 72nd Avenue *we
O OREGON l SS
Naille
County of Washington f
I, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county.
AFTER RECORDING RETURN TO:
City Hall Records Department
City of Tigard
13125 SW Hall Blvd Jerry R. Hanson, Director of
Ti and OR 97223 Assessment and Taxation, Ex-
Tigard Officio County Clerk
INDIVIDUAL Doc : 98011117
Rect: 202581 33 . 00
02/06/1998 03: 55: 55pm
File No.
This space provided for recorder's use.
DEDICATION DEED
. FOR ROAD OR STREET PURPOSES
Gordon R Martin does hereby dedicate to the public a perpetual right-of-way for street,road,and utility purposes on,over,
across,under,along,and within the following described real property in Washington County,Oregon:
Attached Exhibit"A"
To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove
stated.
The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances,
they have good and legal right to grant their right above-described,and they will pay all taxes and assessments due and owing on the
property.
The true consideration for this conveyance is$ L nc, 7 I . 9 .
IN WITNESS WHEREOF, I hereunto set my hand on this.X4) day of A ,,1998.
,. "Z/Z1 a,*9-2/1.,,,./4---
.. :.. Signature
2265 SW 72nd
'`. Tigard OR 97223
(Tax Statement Mailing Address)
N
STATE OF OREGON )
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County of nda.��))
aThis instrument was acknowledged before me on , 1998,by Gordon R.Martin.
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‘,.......r..„,„.....„....„......„_„....„....„ ....-:r* NOTARY PUBLIC FOR OREG
\ ,/'':" . OFFICIAL SEAL �.
SARA E SAMPSON 3 - %
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4 NOTARY PUBLIC - OREGON ', My Commission Expires: '3 V a /
� COMMISSION NO. 062048
\ «.� MY COMMISSION EXPIRES MARCH 20.2001
rci
Accepted on behalf of the City of Tigard this 3 day of Ve-1P r l-) -`f y ,1998.
Citygineer
Page 1 - DEDICATED DEED 27578 012 GLS dee.docdcma/01/22/98-2
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 101 2S1 1BA
PARCEL E
A parcel of land lying in the Southeast 1/4 and the Southwest 1/4 of Section 36, T 1 S,
R 1 W, Willamette Meridian, and the Northeast 1/4 of Section 1, T 2 S, R 1 W,
Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of that
particular tract described in Deed Book 495, Page 98 of the Washington County Deed
Records, more particularly described as follows:
Beginning at a 1-1/2 inch iron pipe marking the southwest corner of the a. Lipman tract
as recorded in Deed Book 153 Page 313 of the Washington County Deed Records;
thence S 89° 16' 25" E, along the south line of said tract, a distance of 168.22 feet thence
S 74° 00' 53" E a distance of 234.61 feet; thence S 01° 37' 47" W a distance of 72.26;
thence N 74° 00' 53" W a distance of 533.43 feet to a point of curve to the right; thence
along said curve to the right with a radius of 535.00 feet, a delta of 02° 47' 01" , (a chord
which bears N 72° 37' 22" W, 25.99 feet), and a length of 25.99 feet; thence S 83° 51'
30" E 146.79 feet to the point of beginning.
Parcel Containing 26717 square feet.
• EXHIBIT
PAGE-L OF `I
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 100 2S1 IBA
PARCEL F
A parcel of land lying in the Southeast 1/4 and the Southwest 1/4 of Section 36, T 1 S,
R 1 W, Willamette Meridian, and the Northeast 1/4 of Section 1, T 2 S, R 1 W,
Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of that
particular tract described in Document No. 81-042427 of the Washington County Deed
Records, more particularly described as follows:
Beginning at the intersection of the east line of the Richardson D.L.C. and the south line
of Section 36; thence N 88° 33' 09" W, along said south line, a distance of 20.02 feet to
the True Point of Beginning; thence N 88° 33' 09" W along said south line a distance
of 150.03 feet to a point of curve to the right; thence along said curve with a radius of
465.00 feet, a delta of 14° 32' 16" (a chord which bears N 81° 17' 01" W, 117.67 feet),
and a length of 117.99 feet; thence N 74° 00' 53" W a distance of 136.52 feet; thence
S 01° 37'47" W a distance of 72.26 feet; thence S 74° 00' 53" E a distance of 118.60
feet to a point of curve to the left; thence along said curve with a radius of 535.00 feet, a
delta of 14° 32' 16" (a chord which bears S 81° 17' 01" E, 135.38 feet), and a length of
135.75 feet; thence S 88° 33' 09" E a distance of 153.04 feet to the west right-of-way
line of SW 72nd Ave.; thence N 01° 00' 47" E a distance of 70.06 feet to the true point
of beginning.
Parcel contains 28416 square feet.
\ens\johnrh`dartmoth.des
EXHIBIT
PAGE Z OF 9
SLOPE EASEMENT DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 100 2S1 IBA
PARCEL F
A 15 foot wide parcel of land in the Northeast 1/4 of Section 1, T 2 S, R 1 W, Willamette
Meridian, City of Tigard, Washington County, Oregon, being a portion of that particular
tract described in Document No. 81-042427 of the Washington County Deed Records.
Said 15 foot wide parcel lies south of and adjacent to the south line of the following
described tract:
Beginning at the intersection of the east line of the Richardson D.L.C. and the south line
of Section 36; thence N 88° 33' 09" W, along said south line, a distance of 20.02 feet to
the True Point of Beginning; thence N 88° 33' 09" W along said south line a distance
of 150.03 feet to a point of curve to the right; thence along said curve with a radius of
465.00 feet, a delta of 14° 32' 16" (a chord which bears N 81° 17' 01" W, 117.67 feet),
and a length of 117.99 feet; thence N 74° 00' 53" W a distance of 136.52 feet; thence
S 01° 37'47" W a distance of 72.26 feet; thence S 74° 00' 53" E a distance of 118.60
feet to a point of curve to the left; thence along said curve with a radius of 535.00 feet, a
delta of 14° 32' 16" (a chord which bears S 81° 17' 01" E, 135.38 feet), and a length of
135.75 feet; thence S 88° 33' 09" E a distance of 153.04 feet to the west right-of-way
line of SW 72nd Ave.; thence N 01° 00' 47" E a distance of 70.06 feet to the true point
of beginning.
Parcel contains 6115 square feet.
is\cng\johnrh\dartmo,h ds
EXHIBIT
PAGE —3 OF `f
V ARTIN PROM- RT"
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MLP 1995-013
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Ty SIRE
S83.51 '30"E ET
168.22'
46. 79' S89'16'25"E S A = 14'32'16"
�4 04'5,3"E R = 465.00'
R = 535.00
1 A = 02'47'01
35 00'1 26��jARCE , 234.61
L = 117.99'
1\14.0(7' SQuARE-E HORD BEAR NG7= N81 '17'01"W
L = 25.99'
CHORD = 25.99' S3"'w FEET
CHORD BEARING = N72'37'22"W
533,43, 501'3 72 26W •74 0�5- i`
W
78.60' 150.03
N88'33'09"W 80 z
S�4 DO'53.e PARCEL F'
28416 SQUARE FEET 153 04' o0
15' SLOPE EASEMENT
588'33 09"E °'-�
6, = 14'32'16"
R = 535.00' �15' SLOPE
L = 135.75'
CHORD = 135.38' EASEMENT
CHORD BEARING = S81'1 7'01 "E
Ref. 90032-1
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POLICY OF TITLE INSURANCE
ISSUED BY
OREGON TITLE INSURANCE COMPANY
1515 Southwest Fifth Avenue•Portland,Oregon 97201 •(503)220-0015
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OREGON TITLE INSURANCE COMPANY,an
Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,against loss or
damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only
to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF,OREGON 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 or agent of the corporation.
• OREGON TITLE INSURANCE COMPANY
Countersigned '� ° � `
BY ` k) --1
BY ._ PRESIDENT
/ / / / -, ' : I: ::—. ::•°•-,
Y
thori,-• 0 cer o1 ►ATTESTIli ,toi `°r• �m i SECRETARY
OTIC 923—ALTA Owner's Policy(10-17-92)
V
CONDITIONS AND STIPULATIONS
10. REDUCTION OF INSURANCE;REDUCTION
(Continued from inside front cover) OR TERMINATION OF LIABILITY.
the failure of the insured to furnish the required cooperation, gations to the insured under this policy for the claimed loss All payments under this policy,except payments made for
the Company's obligations to the insured under the policy or damage,other than the payments required to be made, costs, attorneys' fees and expenses, shall reduce the
shall terminate,including any liability or obligation to defend, shall terminate,including any liability or obligation to defend, amount of the insurance pro tanto.
prosecute,or continue any litigation,with regard to the mat- prosecute or continue any litigation. 11. LIABILITY NONCUMULATIVE.
ter or matters requiring such cooperation.
7. DETERMINATION;EXTENT OF LIABILITY It is expressly understood that the amount of insurance
5. PROOF OF LOSS OR DAMAGE. AND COINSURANCE. under this policy shall be reduced by any amount the Corn-
In addition to and after the notices required under Section This policy is a contract of indemnity against actual mone- pany may pay under any policy insuring a mortgage to which
3 of these Conditions and Stipulations have been provided tary loss or damage sustained or incurred by the insured exception is taken in Schedule B or to which the insured has
the Company,a proof of loss or damage signed and sworn claimant who has suffered loss or damage by reason of mat- agreed,assumed,or taken subject,or which is hereafter ex-
to by the insured claimant shall be furnished to the Company ters insured against by this policy and only to the extent ecuted by an insured and which is a charge or lien on the es-
within 90 days after the insured claimant shall ascertain the herein described. tate or interest described or referred to in Schedule A,and
facts giving rise to the loss or damage.The proof of loss or the amount so paid shall be deemed a payment under this
damage shall describe the defect in,or lien or encumbrance (a) The liability of the Company under this policy shall policy to the insured owner.
on the title,or other matter insured against by this policy not exceed the least of:
which constitutes the basis of loss or damage and shall (i) the Amount of Insurance stated in Schedule 12. PAYMENT OF LOSS.
state, to the extent possible,the basis of calculating the A;or, (a) No payment shall be made without producing this
amount of the loss or damage.If the Company is prejudiced policy for endorsement of the payment unless the policyhas
b the failure of the insured claimant to provide the required (ii) the difference between the value of the in- P y p y
y q been lost or destroyed,in which case proof of loss or de-
sured estate or interests as insured and the value of the in-
proof of loss or damage,the Company's obligations to the sured estate or interest subject to the defect,lien or encum- struction shall be furnished to the satisfaction of the Com-
insured under the policy shall terminate,including any liabil- pany.
ity or obligation to defend,prosecute,or continue any litiga- brance insured against by this policy.
tion, with regard to the matter or matters requiring such (b) In the event the Amount of Insurance stated in (b) When liability and the extent of loss or damage
proof of loss or damage. Schedule A at the Date of Policy is less than 80 percent of has been definitely fixed in accordance with these Condi-
In addition,the insured claimant may reasonably be re- the value of the insured estate or interest or the full consid- tions and Stipulations,the loss or damage shall be payable
quired to submit to examination under oath by any au- eration paid for the land,whichever is less,or if subsequent within 30 days thereafter.
thorized representative of the Company and shall produce to the Date of Policy an improvement is erected on the land 13. SUBROGATION UPON PAYMENT
for examination,inspection and copying,at such reasona- which increases the value of the insured estate or interest by OR SETTLEMENT.
ble times and places as may be designated by any au- at least 20 percent over the Amount of Insurance stated in
thorized representative of the Company,all records,books. Schedule A,then this Policy is subject to the following: (a) The Company's Right of Subrogation.
ledgers, checks, correspondence and memoranda, (i) where no subsequent improvement has been Whenever the Company shall have settled and paid a
whether bearing a date before or after Date of Policy,which made,as to anypartial loss,the Company shall onlypaythe claim under this policy,all right of subrogation shall vest in
reasonably pertain to the loss or damage. Further, if re- p y py9 g
quested by any authorized representative of the Company, loss pro rata in the proportion that the amount of insurance the Company unaffected by any act of the insured claimant.
the insured claimant shall grant its permission,in writing,for at Date of Policy bears to the total value of the insured estate The Company shall be subrogated to and be entitled to all
any authorized representative of the Company to examine, or interest at Date of Policy;or(ii)where a subsequent im- rights and remedies which the insured claimant would have
inspect and copy all records,books,ledgers,checks,cor- provement has been made,as to any partial loss,the Corn- had against any person or property in respect to the claim
respondence and memoranda in the custody or control of a pany shall only pay the loss pro rata in the proportion that had this policy not been issued. If requested by the Corn-
third party,which reasonably pertain to the loss or damage. 120 percent of the Amount of Insurance stated in Schedule pany,the insured claimant shall transfer to the Company all
All information designated as confidential by the insured A bears to the sum of the Amount of Insurance stated in rights and remedies against any person or property neces-
claimant provided to the Company pursuant to this Section Schedule A and the amount expended for the improvement. sary in order to perfect this right of subrogation.The insured
shall not be disclosed to others unless,in the reasonable The provisions of this paragraph shall not apply to costs, claimant shall permit the Company to sue,compromise or
judgment of the Company,it is necessary in the administra attorneys'fees and expenses for which the Company is li- settle in the name of the insured claimant and to use the
tion of the claim.Failure of the insured claimant to submit for able under this policy,and shall only apply to that portion of name of the insured claimant in any transaction or litigation
examination under oath, produce other reasonably re- any loss which exceeds,in the aggregate,10 percent of the involving these rights or remedies.
quested information or grant permission to secure reasona- Amount of Insurance stated in Schedule A. If a payment on account of a claim does not fully cover the
bl necessaryinformation from thirdparties as required in- loss of the insured claimant,the Company shall be subro-
y q (c) The Company will pay only those costs,attorneys' gated to these rights and remedies in the proportion which
this paragraph, unless prohibited by law or governmental fees and expenses incurred in accordance with Section 4 of the Company's payment bears to the whole amount of the
regulation, shall terminate any liability of the Company these Conditions and Stipulations. loss.
under this policy as to that claim. If loss should result from any act of the insured claimant,
6. OPTIONS TO PAY OR OTHERWISE SETTLE 8. APPORTIONMENT. as stated above,that act shall not void this policy,but the
CLAIMS;TERMINATION OF LIABILITY. Company,in that event,shall be required to pay only that
If the land described in Schedule A consists of two or part of any losses insured against by this policy which shall
In case of a claim under this policy,the Company shall more parcels which are not used as a single site,and a loss exceed the amount,if any,lost to the Company by reason of
have the following additional options: is established affecting one or more of the parcels but not all, the impairment by the insured claimant of the Company's
(a) To Pay or Tender Payment of the Amount of In- the loss shall be computed and settled on a pro rata basis as right of subrogation.
surance. if the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel (b) The Company's Rights Against Non-insured
(i) To pay or tender payment of the amount of in- to the whole, exclusive of any improvements made sub- Obligors.
surance under this policy together with any costs,attorneys' sequent to Date of Policy, unless a liability or value has The Company's right of subrogation against non-
fees and expenses incurred by the insured claimant,which otherwise been agreed upon as to each parcel by the Com- insured obligors shall exist and shall include,without limita-
were authorized by the Company,up to the time of payment pany and the insured at the time of the issuance of this policy tion,the rights of the insured to indemnities, guaranties,
or tender of payment and which the Company is obligated to and shown by an express statement or by an endorsement other policies of insurance or bonds,notwithstanding any
pay. attached to this policy. terms or conditions contained in those instruments which
(ii) Upon the exercise by the Company of this op- provide for subrogation rights by reason of this policy.
tion,all liability and obligations to the insured under this pol-
icy,other than to make the payment required,shall termi- 9. LIMITATION OF LIABILITY. 14. ARBITRATION.
nate,including any liability or obligation to defend,prose-
cute,or continue any litigation,and the policy shall be sur- (a) If the Company establishes the title,or removes Unless prohibited by applicable law,either the Company
r&ndered to the Company for cancellation. the alleged defect,lien or encumbrance,or cures the lack of or the insured may demand arbitration pursuant to the Title
(b) To Pay or Otherwise Settle With Parties Other a right of access to or from the land,or cures the claim of un- Insurance Arbitration Rules of the American Arbitration As-
than the Insured or With the Insured Claimant. marketability of title,all as insured,in a reasonably diligent sociation.Arbitrable matters may include,but are not limited
manner by any method,including litigation and the comple- to,any controversy or claim between the Company and the
(i) to pay or otherwise settle with other parties for tion of any appeals therefrom,it shall have fully performed insured arising out of or relating to this policy,any service of
or in the name of an insured claimant any claim insured its obligations with respect to that matter and shall not be li- the Company in connection with its issuance or the breach
against under this policy,together with any costs,attorneys' able for any loss or damage caused thereby. of a policy provision or other obligation.All arbitrable mat-
fees and expenses incurred by the insured claimant which b In the event of anylitigation,includinglitigation by
ters when the Amount of Insurance is$1,000,000 or less
were authorized by the Company up to the time of payment the Company or with the Company's consent.the Company shall be arbitrated at the option of either the Company or the
and which the Company is obligated to pay;or shall have no liability for loss or damage until there has been insured.All arbitrable matters when the Amount of Insur-
e to payor otherwise settle with the insured ance is in excess of$1,000,000 shall he arbitrated only
O a final determination by a court of competent jurisdiction. when agreed to by both the Company and the insured.Arbi-
claimant the loss or damage provided for under this policy, and disposition of all appeals therefrom,adverse to the title
together with any costs,attorneys'fees and expenses incur- as insured. tration pursuant to this policy and under the Rules in effect on
red by the insured claimant which were authorized by the the date the demand for arbitration is made or,at the option
Company up to the time of payment and which the Company (c) The Company shall not be liable for loss or dam- of the insured,the Rules in effect at Date of Policy shall be
is obligated to pay. age to any insured for liability voluntarily assumed by the in- binding upon the parties.The award may include attorneys'
Upon the exercise by the Company of either of the options sured in settling any claim or suit without the prior written
provided for in paragraphs(b)(i)or(ii),the Company's obli- consent of the Company. (continued on back)
*01
ifte
ALTA Owner' s Policy (10/17/92)
SCHEDULE A
Date of Policy: February 6, 1998 At: 3:05 p.m.
Policy No. : 763095w Amount of Insurance: $600,781.98
Order No. : 763095w Premium: $1,511.50
1. Name of Insured:
City of Tigard, an Oregon municipal corporation
2. The estate or interest in the land which is covered by this policy is: AN EASEMENT as
described in instrument recorded February 6, 1998 as Recorder' s Fee No. 98011117
3. Title to the estate or interest in the land is vested in:
City of Tigard, an Oregon municipal corporation
4. The land referred to in this policy is situated in the State of Oregon, County of
Washington and is described as follows:
(Continued)
Newt
Owner's Policy No. : 763095w
SCHEDULE A, CONTINUED
Legal Description, Continued
PARCEL I
A parcel of land lying in the Southeast one-quarter and the Southwest one-quarter of
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, and the Northeast
one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon, being a portion of that
particular tract described in Document No. 81-042427 of the Washington County Deed
Records, more particularly described as follows:
Beginning at the intersection of the East line of the Richardson Donation Land Claim and
the South line of Section 36; thence North 88° 33' 09" West along said South line, a
distance of 20.02 feet to the true point of beginning; thence North 88° 33' 09" West
along said South line a distance of 150.03 feet to a point of curve to the right; thence
along said curve with a radius of 465.00 feet, a delta of 14° 32' 16" (a chord which
bears North 81° 17' 01" West 117.67 feet) , and a length of 117.99 feet; thence North 74°
00' 53" West a distance of 136.52 feet; thence South 01° 37' 47" West a distance of 72 .26
feet; thence South 74° 00' 53" East a distance of 118 .60 feet to a point of curve to the
left; thence along said curve with a radius of 535.00 feet, a delta of 14° 32' 16" (a
chord of which bears South 81° 17' 01" East 135.38 feet) and a length of 135.75 feet;
thence South 88° 33' 09" East a distance of 153 .04 feet to the West right of way line of
SW 72nd Avenue; thence North 01° 00' 47" East along said West right of way a distance of
70.06 feet to the true point of beginning.
PARCEL II
A 15 foot wide parcel of land in the Northeast one-quarter of Section 1, Township 2
South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon, being a portion of that particular tract described in
Document No. 81-042427 of the Washington County Deed Records. Said 15 foot wide parcel
lies South of and adjacent to the South line of the following described tract:
Beginning at the intersection of the East line of the Richardson Donation Land Claim and
the South line of Section 36; thence North 88° 33' 09" West along said South line, a
distance of 20.02 feet to the true point of beginning; thence North 88° 33' 09" West
along said South line a distance of 150.03 feet to a point of curve to the right; thence
along said curve with a radius of 465.00 feet, a delta of 14° 32' 16" (a chord which
bears North 81° 17' 01" West 117.67 feet) and a length of 117.99 feet; thence North 74°
00' 53" West a distance of 136.52 feet; thence South 01° 37' 47" West a distance of 72 .26
feet; thence South 74° 00' 53" East a distance of 118 .60 feet to a point of curve to the
left; thence along said curve with a radius of 535.00 feet, a delta of 14° 32' 16" (a
chord which bears South 81° 17' 01" East 135.38 feet) and a length of 135.75 feet; thence
South 88° 33' 09" East a distance of 153 .04 feet to the West right of way line of SW 72nd
Avenue; thence North 01° 00' 47" East, a distance of 70.06 feet to the true point of
beginning.
(Continued)
Owner's Policy No. : 763095w
SCHEDULE A, CONTINUED
Legal Description, Continued
PARCEL III:
A parcel of land lying in the Southeast one-quarter and the Southwest one-quarter of
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, and the Northeast
one-quarter of Section 1, Township 2 South, Range 1 West, of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon, being a portion of that
particular tract described in Deed Book 495, Page 98, of the Washington County Deed
Records, more particularly described as follows:
Beginning at a 1-1/2 inch iron pipe marking the Southwest corner of the A. Lipman Tract
as recorded in Deed Book 153, Page 313, of the Washington County Deed Records; thence
South 89° 16' 25" East, along the South line of said tract, a distance of 168 .22 feet;
thence South 74° 00' 53" East a distance of 234 .61 feet; thence South 01° 37' 47" West a
distance of 72.26 feet; thence North 74° 00' 53" West a distance of 533.43 feet to a
point of curve to the right; thence along said curve to the right with a radius of 535.00
feet, a delta of 02° 47' 01" , (a chord which bears North 72° 37' 22" West, 25.99 feet) ,
and a length of 25.99 feet; thence South 83° 51' 30" East 146 .79 feet to the point of
beginning.
vow,:
ALTA Owner' s Policy (10/17/92)
Policy No. : 763095w
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
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, 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, liens or encumbrances or claims thereof, 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 . Any lien, or right to a lien, for taxes, worker' s compensation, services, labor,
equipment rental or material, heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any
other facts which a correct survey would disclose.
6. The assessment roll and the tax roll disclose that the subject premises were or are
specially assessed as farm land. If the land has become or becomes disqualified for
the special assessment under the statute, an additional tax may be levied.
7. Municipal liens, if any, imposed by the City of Tigard.
8 . The subject property lies within the boundaries of the Unified Sewerage Agency and is
subject to the levies and assessments thereof.
9. The subject property lies within the boundaries of the Tualatin Valley Water District
and is subject to the levies and assessments thereof.
10. The rights of the public, governmental bodies, and public utilities, in and to that
portion of the herein described property lying within the limits of SW 72nd Avenue.
11. The terms and provisions of an easement created or disclosed by instrument,
Dated January 26, 1988
Recorded February 6, 1988 as Recorder' s Fee No. 98011117
In favor of The City of Tigard
For Road or street purposes
Affects Please see recorded document for details
lcd
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11 FEB 0 6 199
CORRIGAN & BACHRACH, LLP '! s
lJv U.I L 1
JEFF H.BACHRACH --- -A T
MARK L.BUSCH ATTORNEYS AT LAW 181 N.Grant,Suite 202
D.DANIEL CHANDLER++ 1727 N.W.egosHoyt street
Portland,Oregon 97209 Canby,Oregon 97013
DOMINIC G.COLLETTA**
TELEPHONE:(503)266-1149
CHARLES E.CORRIGAN* TELEPHONE: (503)222-4402
STEPHEN F.CREW FAX:(503)243-2944
MARTIN C.DOLAN VANCOUVER,WASHINGTON OFFICE
GARY F.FIRESTONE* First Independent Place
WILLIAM E.GAAR PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street,Suite 451
G.FRANK HAMMOND* Vancouver,Washington 98660-2964
MALCOLM JOHNSON* TELEPHONE:(360)699-7287
MARK P.O'DONNELL FAX:(360)699-7221
T.CHAD PLASTER *** February 4, 1998
TIMOTHY V.RAMIS
WILLIAM J.STALNAKER JAMES M.COLEMAN
ANDREW H.STAMP SPECIAL COUNSEL
* ALSO ADMITTED TO PRACTICE IN WASHINGTON
** ALSO ADMITTED TO PRACTICE IN CALIFORNIA
*** ADMITTED TO PRACTICE IN WASHINGTON ONLY
++ ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr. William A. Monahan
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Dartmouth LID/Martin/City of Tigard
i
Dear Bill:
Enclosed with this letter please find an original, fully executed, Settlement Agreement and Mutual
Release regarding the above-referenced matter. Also enclosed please find a copy of my letter to
Douglas Van Dyk, counsel for Mr. Martin, by which I transmitted a duplicate of the enclosed
document.
As you are probably aware from your conversations with Wayne Lowry, the escrow for the
acquisition of the Martin property is scheduled to close February 5, 1998. I will provide you with
prompt notice as soon as escrow has been closed.
If you have any questions regarding the enclosed document or the details of the transaction,
please do not hesitate to call. As always, it is a great pleasure working with you and the members
of your staff.
Very trul yours,
&,7,_ ..‘______. Colletta
DGC/nak
Enclosures
cc: Wayne Lowry (w/o encl.)
Charles E. Corrigan(w/o end.)
ORIGINAL
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
PARTIES: City of Tigard, an Oregon Municipal Corporation ("City")
c/o Charles R. Corrigan
O'Donnell Ramis Crew Corrigan & Bachrach
1727 NW Hoyt St
Portland OR 97209
Gordon R. Martin, Sr. ("Martin")
c/o Tarlow, Jordan & Schrader
PO Box 230669
Portland OR 97281
RECITALS
A. By letter dated April 1, 1997, the City attempted to acquire property
("Property"), described in the attached Exhibit 1, in accordance with ORS 35.346(1). At
that time, the City and Martin were unable to agree upon the terms. In addition, the parties
disputed (and continue to dispute) the formula for Local Improvement District ("LID")
assessments to be applied to land adjacent to (and in the vicinity of) the Property.
B. On or about May 29, 1997, the City filed a lawsuit (the "Lawsuit") against
Martin for condemnation of the Property, entitled City of Tigard v. Gordon R. Martin, Sr.,
in Washington County Circuit Court, Case No. C970604CV.
C. Both before and after the lawsuit was filed, the parties negotiated the terms of
acquisition of the Property.
D. The acquisition of the Property is for public use in accordance with
ORS 35.235.
NOW, THEREFORE, recognizing that it is in their mutual best interests to settle and
fully compromise all disputes arising from or relating in any way to the Lawsuit, and in
consideration for promises and covenants contained in this Settlement Agreement, the parties
agree as follows:
AGREEMENT
1. Payment by the City. The City agrees to pay Martin for acquisition of the
Property as follows:
1 - SETTLEMENT AGREEMENT AND MUTUAL RELEASE GLS\4441vf.doc/1/15/98-2
G-5 r
a. On or before January 22, 1998, the City shall deliver into escrow
("Escrow"), at First American Title Co., the principal sum of Five Hundred Sixty Eight
Thousand Three Hundred and Sixty-Nine Dollars and 56/100 ($568,369.56), together with
accruing interest at the rate of $104.22 per day (.067% per annum) from the 1st day of
April, 1997 to the date of closing.
b. Closing shall occur and the City shall authorize Escrow in writing to
release all amounts described in 1(a) above to Martin upon Martin delivering into Escrow, on
or before January 22, 1998, a Dedication Deed conveying the Property to the City of Tigard
free and clear of all liens and encumbrances.
c. The parties shall authorize Escrow to conclude the transaction by
recording the Dedication Deed vesting title in the City of Tigard, collecting a reasonable
Escrow fee to be shared equally by the parties and assess the cost of recording the
Dedication Deed against the City, and prorating all real property taxes and assessments
between the parties as of the date of closing.
d. Martin agrees to waive any repurchase rights he may have concerning
the Property under ORS 35.385, and the Dedication Deed described above shall include a
recital of such waiver.
2. Release by the City. Upon the recordation of the Dedication Deed described
above, the City releases and forever discharges, without limitation, Martin, his
representatives, agents, successors, assigns, and attorneys, from any and all claims,
demands, causes of suit, causes of action, damages or expenses, whether known or unknown,
which the City has or may have against Martin relating to the Property and the claims
pending in the Lawsuit. This release does not extend to or affect the types or amounts of the
City's LID expenditures which the City may lawfully include in the total cost of the LID to
be apportioned among LID property owners and collected through LID assessments.
3. Release by Martin. Upon close of Escrow and receipt by Martin of the
City's funds described above, Martin releases and forever discharges, without limitation, the
City, its officers, employees, representatives, agents, successors, assigns, and attorneys,
from any and all claims, demands, causes of suit, causes of action, damages or expenses,
known or unknown, which Martin has or may have against the City arising from or related
to the Property and the Lawsuit. This release does not extend to or affect any rights,
interests or claims Martin may have relating to Martin's interest in land adjacent to (or in the
vicinity of) the Property.
4. Dismissal. Upon the execution of this Settlement Agreement, the close of
Escrow, recordation of the Dedication Deed, and disbursement of the City's funds to Martin,
the parties agree and direct their attorneys of record to execute and file a stipulation to
2 - SETTLEMENT AGREEMENT AND MUTUAL RELEASE GLS\4441vf.doc/1/15/98-2
f���- r7
dismiss the Lawsuit with prejudice and without cost or expense to either party in the form
attached to this Agreement as Exhibit 2.
5. Representation and Warranties. The parties agree and represent to each
other, and agree with each other, as follows:
a. The parties each declare and acknowledge that they have had an
opportunity to confer with their attorneys prior to executing this document. This Settlement
Agreement is a result of arms-length negotiations between the parties.
b. The Settlement Agreement has been carefully read by, the contents are
known and understood by, and it is freely signed by each person executing this Settlement
Agreement. The signatory for the City has full authority to execute and perform this
Settlement Agreement and has been authorized to do so by the City.
c. The parties each declare and acknowledge that all of the terms of this
document are voluntarily accepted, that all the terms of the settlement are incorporated
herein, and that this Settlement Agreement is executed based on knowledge of the facts and
is not made in any reliance of any statement of any person except as contained herein.
6. No Assignment. Each of the parties hereby warrants and represents that they
have not made or caused to be made any assignments of any claim, right or causes of action
that they have, or may in the future have, against the parties herein released.
7. Assessment Hearing. The City agrees not to hold the hearing called for by
Tigard Municipal Code 13.04.060(c)(6) regarding the Dartmouth LID until after January 1,
1998.
8. Counterparts. This Settlement Agreement may be executed in two or more
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
9. Integration. This Settlement Agreement constitutes a single, integrated
written contract expressing the entire agreement of the parties relating in any way to the
subject matter contained in this Settlement Agreement. No covenants, agreements,
representations, or warranties of any kind whatsoever have been made by either party, except
as provided for in this Agreement. All prior or contemporaneous discussions and
negotiations have been and are merged and integrated into, and are superseded by, this
Settlement Agreement.
10. Severability. In the event that any of the provisions of this Settlement
Agreement shall be held to be void, voidable, or unenforceable, the remaining provisions
shall remain in full force and effect.
3 - SETTLEMENT AGREEMENT AND MUTUAL RELEASE GLS\4441vf.doc/1/15/98-2
f-�x-91
11. Mutual Preparation. Each party intends that this Agreement in all respects
shall be deemed and construed to have been prepared mutually by all parties to this
Agreement. It is hereby expressly agreed that any uncertainty existing herein shall not be
construed against either party.
12. Modifications. Any modification of this Settlement Agreement or additional
obligation assumed by any party to this Settlement Agreement in connection with this
Settlement Agreement shall be binding only if evidenced in a writing signed by each party,
or an authorized representative of each party.
IN WITNESS HEREOF, the parties hereto and their attorneys have each approved
and executed this Settlement Agreement on the date set forth opposite their respective
signatures.
CITY OF TIGARD GORDON R. MARTIN, SR.
By:
Its: C1 l /74i4,nr+5 r'/? Gordon R. Martin, Sr.
Date: 21 / 'i Date: / at`-
Approved As to Form: Approved As to Form:
-
CHARLES E. o GAN, OSB #76108 DOUGLA` V. VAN ) K, OS #86099
Of Attorneys for Ci ►'gard Of Attorneys for Gordon R. Martin, Sr.
4 - SETTLEMENT AGREEMENT AND MUTUAL RELEASE GLS\4441vf.doc/1/15/98-2
MI IT-OF- DESCRIPTION
DARTMO11,1 11 STREET LXI LNS1ON
POR PION OF TAX LOT 101 2S I 1 I IA
PARCEL F
A parcel of land lying in the Southeast 1/4 and the Southwest 1/1 of Section ;6, f 1 S.
R 1 W. Willamette Meridian, and the Northeast 1/1 of Section 1, f 2 S. R 1 W,
Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of that
particular tract described in Deed Book 495, Page 98 of the Washington County Deed
Records, more particularly described as follows:
Beginning at a 1-1/2 inch iron pipe marking the southwest corner of the a Lipman tract
as recorded in Deed Book 153 Page 313 of the Washington County Deed Records:
thence S 89° 16. 25" E, along the south line of said tract. a distance of 165.22 feet thence
S 74° 00' 53- E a distance of 234.61 feet; thence S 01° 37' 47" W a distance of 72 26:
thence N 71° 00' 53" W a distance of 533.43 feet to a point of curve to the right. thence
along said curve to the right with a radius of 535.00 feet, a delta of 02° 47' 01_. . (a chord
which bears N 72° 37' 22" W, 25.99 feet), and a length of 25.99 feet; thence S 83° 31 '
30" E 146 79 feet to the point of beginning.
Parcel Containing 26717 square feet.
-
�7
Aisio *4404
RIGHT-OE-WAY DCSCRIF1 ION
DARTN1O111l I STREET RI':l',-1 EX'f ENSION
PORTION OF 1 AX l.OT 100 7S 1 1 li:A
I',1RCf:I. F
A parcel of land lying in the Southeast 1/4 and the Southwest 1/4 of Section 36. 'I. I
R I \\', Willamette Meridian, and the Northeast 1/4 of Section 1 . S. R I W
Willamette Meridian, City of Tigard, Washington County, Oregon, being, a portion of that
particular tract described in Document No. 8 1-04242 7 of the Washington County Deed
Records, more particularly described as follows:
Beginning at the intersection of the east line of the Richardson D.E.C. and the south line
of Section 36; thence N 88° 33' 09" W, along said south line, a distance of 20.02 feet to
the True Point of Beginning; thence N 88° 33' 09" W along said south line a distance
of 150.03 feet to a point of curve to the right; thence along said curve with a radius of
465.00 feet. a delta of 14° 32' 16" (a chord which bears N S 1° 17' 01" \Y, 117_67 feet),
and a length of 117.99 feet; thence N 74° 00' 53" W a distance of 136.52 feet; thence
S
01° 37'47" W a distance of 72.26 feet; thence S 74° 00' 53" E a distance of 118 60
feet to a point of curve to the left; thence along said curve with a radius of 535-00 feet. a
delta of 14° 32' 16" (a chord which bears S 81° 17' 01" E. 135.38 feet), and a length of-
135.75 feet; thence S 88° 33' 09" E a distance of 153.04 feet to the west right-of-way
line of SW 72nd Ave.; thence N 01° 00' 47" E a distance of 70.06 feet to the true point
of beginning.
Parcel contains 28416 square feet.
,4e4/
EX;.._ '-
� t
P;; � r-
SI.01T, EASEMENT DESCRIPTION
DARTrMOUTfI STREET EXTENSION
PORTION Or FAX LOT 100 251 1 I3:A
PARCEL I
A 15 toot wide parcel of land in the Northeast I/4 of Section 1, f 2 S. F I \V. Willamette
Meridian, Cite of figard, Washington County, Oregon, being a portion of that particular
tract described in Document No. 81-042427 of the Washington County Deed Records
Said 15 foot vide parcel lies south of and adjacent to the south He of the followine
described tract
Beginning at the intersection of the east line of the Richardson f) L.0 and the south line
of Section 36. thence N 88° 33' 09" W, along said south line, a distance of 20 02 feet to
the True Point of Beginning; thence N 88° 33' 09" W along said south line a distance
of 150.03 feet to a point of curve to the right; thence along said cu ye y ith a radius of
465.00 feet. a delta of 14° 32' 16" (a chord which bears N 81' I T 01 " W, 117 67 feet)_
and a length of 117 99 feet; thence N 74° 00' 53- W a distance of 136.52 feet: thence
S 01° 3T47" v\ a distance of 72.26 feet; thence S 740 00' 53 ' E a distance of 118 60
feet to a point of-curve to the left; thence along said curve with a radius of 535.00 feet, a
delta of 14° 3= 16" (a chord which bears S 81° 17' 01" E, 135.38 feet)_ and a length of
135.75 feet; thence S 88° 33' 09" E a distance of 153.04 feet to the \.\est right-of-way
line of SW 72nd Ave., thence N 01° 00' 47" E a distance of 70.06 feet to the true point
of beginning.
Parcel contains 6115 square feet.
.AggVc-
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1
i
4 IN THE CIRCUIT COURT FOR TIIE STATE OF OREGON
5
FOR TILE COUNTY OF WASHINGTON
6 CITY OF TIGARD, an Oregon municipal ) Case No. C970604CV
corporation, )
7
STIPULATED DISMISSAL, \VITA
Plaintiff, ) PREJUDICE
8
)
vs. )
9
GORDON R. MARTIN, SR., )
10 )
)
Defendant. )
11 - - -
i? On endorsed STIPULATION of the parties through their attorney that this case has been
13 settled, this court
14 ORDERS AND ADJUDGES that this action is dismissed with prejudice and without costs to
IS any party.
16 Dated this day of January, 1998.
17
Circuit Court Judge
It is so stipulated:
18
19 Douglas V. Van Dyk, OSB #86099
Charles E. Corrigan, OSB #76108
Tarlow, Jordan & Schrader O'Donnell Ramis Crew Corrigan &
20 PO Box 230669 Bachrach, LLP
Portland OR 97281 1727 NW Hoyt Street
21 Telephone: (503) 598-7070
Portland OR 97209
Telephone: (503) 222-4402
Of Attorneys for Defendant
23 Of Attorneys for Plaintiff
Submitted by:
24 Douglas V. Van Dyk
Tarlow, Jordan & Schrader
25 Attorneys for Defendant
S-Hl LLA H 1) 1)IS111SS:11 AA 1 1.11 I'kf Jt'I)I( 1- - 1 i,vizl( \V Jt RDAN 5 �( iii, vi)i k
L {
'O'DONNELL RAMIS CREW
CORRIGAN & BACHRACH, LLP
JEFF H.BACHRACH ATTORNEYS AT LAW CLACKAMAS COUNTY OFFICE
MARK L.BUSCH 181 N.Grant,Suite 202
D.DANIEL CHANDLER++ 1727 N.W.Hoyt Street
Portland,Oregon 97209
DOMINIC G.COLLETTA** Canby,Oregon 97013
TELEPHONE:(503)266-1149
CHARLES E.CORRIGAN* TELEPHONE: (503)222-4402
STEPHEN F.CREW FAX:(503)243-2944
MARTIN C.DOLAN VANCOUVER,WASHINGTON OFFICE
GARY F.FIRESTONE* First Independent Place
WILLIAM E.GAAR PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street,Suite 451
G.FRANK HAMMOND* Vancouver,Washington 98660-2964
MALCOLM JOHNSON* TELEPHONE:(360)699-7287
MARK P.O'DONNELL FAX:(360)699-7221
T.CHAD PLASTER *** February 4 1998
TIMOTHY V.RAMIS rY ,
WILLIAM J.STALNAKER JAMES M.COLEMAN
ANDREW H.STAMP SPECIAL COUNSEL
* ALSO ADMII IED TO PRACTICE IN WASHINGTON
** ALSO ADMITTED TO PRACTICE IN CALIFORNIA
*** ADMITTED TO PRACTICE IN WASHINGTON ONLY
-H- ALSO ADM I 1 hD TO PRACTICE IN WASHINGTON AND MONTANA
CERTIFIED MAID
RETURN RECEIPT REQUESTED
Douglas V. Van Dyk
Tarlow Jordan& Schrader
P.O. Box 230669
Portland, Oregon 97281
Re: Gordon Martin Sr./City of Tigard
Dear Doug:
Enclosed with this letter please find one original fully executed Settlement Agreement and Mutual
Release with regard to the above-referenced matter. A duplicate, fully executed original has been
transmitted to the City of Tigard for its permanent records.
As you are aware, escrow in this matter is scheduled to close February 5, 1998. Thank you for
your continuing courtesy, and your assistance in bringing this matter to an amicable conclusion.7Very t ly yours,
' 'nic G. Colletta
DGC/nak
Enclosure
cc: City of Tigard
- Attn: William A. Monahan (w/o end.)
- Attn: Wayne Lowry (w/o encl.)
Charles E. Corrigan (w/o encl.)