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6130 & 12091 ~ Hall Boulevard ~ O'Mara Street 4 4 FORM No.G33—WARRANTY DEED"(Individual or Corporate). ST" -'S-NESS LAW PUBLIS ING COOR .PTLAND,OR.97204 1.x-74 F — II WARRANTY DEEDao KNOW ALL MEN BY THESE PRESENTS, That MARIE B. MILLER, an unmarried woman hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by CITY OF TIGARD, OREGON, a municipal corporation , hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging or ap- j, pertaining, situated in the County of. Washington and State of Oregon, described as follows, to-wit:attachel : PARCEL I : A part of Section 2, Township 2 South, Range 1 West of the WillametteMeridian,Pleridian, Washington County, Oregon, more particularly -doscr-:becl. as follows : Beginning at the most Southerly Southeast corner of that certain tract of land conveyed by Arthur E. Prier, et ux, to James H. Finn and Sappho M. Finn by deed recorded in Book 231, Page 251, recorded June 3, 1944, dated May 10, 1944; thence South 59° 07 ' East to an • iron pipe on the East line of the O'Meara tract; thence North 2° 43 ' East to the intersection of the Southeasterly line of the above mentioned Finn property; thence South 35° 24 ' West along Finn's Southeasterly line to the place of beginning. PARCEL II : A part of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County , Oregon, more particularly described as follows : Beginning at a point in the Donation Land Claim of W. W. Graham and wife, in Township 2 South, Range 1 West of the Willamette Meridian, 6.25 chains South and 4.50 chains West of the quarter section corner between Sections 1 and 2 , in said Township and Range; and running thence South 13.25 chains; thence West 7. 75 chains; thence North 11. 39 chains ; thence North 78° 15 ' East 2 .79 chains ; thence South 11° 45 ' East 64 links ; thence North 78° 15 ' East 50 links ; thence North 11° 45 ' West 64 links ; thence North 76° 45 ' East 4. 76 chains to the place of beginning; EXCEPTING THEREFROM that portion conveyed to the Villa Ridge Christian Church, an Oregon corporation, described as follows : Beginning at a point in the Donation Land Claim of W. W. Graham and wife in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon 6.25 chains South and 4 .50 chains n n BOOK102 PAGE9 44 Meridian, Washington County, Oregon, 6.25 chains South and 4.50 chains West of the quarter corner between Sections 1 and 2, Township 2 South, Range 1 West, Willamette Meridian, said point being in the center line of State Highway No. 217 (County Road No. 227) ; thence South 0° 22' West along the center line of State Highway No. 217 (County Road No. 227) to its intersection with the center line of County Road No. 567 (Omara Street) from which an iron pipe bears South 89° 0' East 20.00 feet; thence North 89° .00 ' West 515.30 feet along the center line of County Road No. 567 (Omara Street) to an iron pipe; thence North 01° 25 ' East 347.60 feet to an iron rod; thence South 83° 01' East 112 .30 feet to an iron rod and true point of beginning of the parcel herein described; thence North 0° .22 ' West 50.40 feet to an iron rod; thence North 0° 22' West 37.00 feet to the center line of Fanno Creek; thence North 56° .50'. East 43.20 feet along the center line of Fanno Creek; thence North 38° 57' East 118. 89 feet along the center line of Fanno Creek; thence South 85° 29 ' East 116.54 feet along the center line of Fanno Creek to a point; thence South 51° 58' East . 78. 80 feet along the center line of Fanno Creek to a point; thence • South 55° .18' East 108. 86 feet along the center line of Fanno Creek to the West line of State Highway No. 217 (County Road No. 227) ; thence South 0° 22 ' West 130 . 00 feet along the West line of State Highway No. 217 (County Road No. 227) and 20.00 feet Westerly from the center line to an iron rod; thence North 83° 01' West 380.00 feet to an iron rod and„t, uR p ?;oi ,t; of beginning of the parcel herein described.n Bo0K1022 PALEJ45 rcvur:r� f rTVMJJUN, Director of Until a change is requested all tax statements shall be sent to the following address. Redards Si Sections City of Tigard Tig_ar_d- City.--Hall . Tigard, Oregon 9-7-223 Deputy NAME,ADDRESS,ZIP — BOK _ MAT 12 2 45 PH '15 w ' c FORM No 723—BARGAIN AND SALE DEED OiNledual o, Corporate). .12091 ,STEVE'S-NESS LAW PUBLISHING CO„PORTLAND,OR.97404 1 1-74 il BARGAIN AND SALE DEED '1 KNOW ALL MEN BY THESE PRESENTS, That KNUTE M. QVALE11 ,1 ,hereinafter called grantor, ',I', for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto 1I CITY OF TIGARD, OREGON, a municipal corporation 1 hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining,situated in the County of Washington , State of Oregon, described as follows, to-wit:, 11I to be used exclusively and permanently for public purposes , within the State of Oregon as a public park or other similar ',' use for the benefit of the general public, which real property is fully described in Exhibit "A" , pages 1 and 2 , attached hereto and incorporated herein by this reference. i'j I ,I ii I II 11 1 , 1 I I. I (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. ! The true and actual consideration paid for this transfer, stated in terms of dollars, is $ None . io ®However, the actual consideration consists of or includes other property or value given or promised which is the whole ,./ consideration (indicate which).®(The sentence between the symbols O,if not applicable,should be deleted.See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this_2.6-thday of-_.-__December , 19_74; 11 if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by 1 order of its board of directors. ii 11 (If executed by a corporation, 4 a,l C "/"-- 1., affix corporate seal) ..V - -+'�- + - -e` ,, , 1 11 STATE OF OREGON, STATE OF OREGON, County of )ss. JJ ss. -- ,19 1, County n Acknowledgment appears Personally appeared'. and --on:--Page----4----hereof. ,19 who,being duly sworn, each for himself and not one for the other, did say that the former is the i Personally appeared the above named president and that the latter is the I,, and acknowledged the foregoing instru- secretary of-. I ment to be voluntary act and deed. a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in be- Before me: half of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. ' Before me: (SEAL) - -- (SEAL) Notary Public for Oregon Notary Public for Oregon ii iM commission ex fres: i y P My commission expires: 1' STATE OF OREGON, LI .ss. " Countyof . �! GRANTOR'S NAME AND ADDRESS --- ---- - -- ---- 11 I! I certify that the within instru- 1 ment was received for record on the day of 19 IIat___ o'clock M. 1 GRANTEE'S NAME AND ADDRESS , and recorded SPACE RESERVED I I in book page or as 1 After recording return to: FOR on P g 1 RECORDER'S USE file/reel number , tl Record of Deeds of said county. is Witness my hand and seal of III NAME,ADDRESS,ZIP • County affixed. I I I Until a change is requested all tax statements shall be sent to the following address. j I 944 Recording Officer 1 BOOK 005 P,4 By Deputy 11 NAME,ADDRESS,ZIP !I • • 441.11e *so r+wr EXHIBIT "A" 12091 ?ARCM C i A part of Section 2 , Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, more particularly described as follows : Beginning at the most Southerly Southeast corner of that certain tract of land conveyed by Arthur E. Prier, et ux, to James H. Finn and Sappho M. Finn by deed recorded in Book 231, Page 251, recorded June 3, 1944 , dated May 10, 1944; thence South 59° 07 ' East to an iron pipe on the East line of the O'Meara tract; thence North 2° 43 ' East to the intersection of the Southeasterly line of the above mentioned Finn property; thence South 35° 24 ' West along Finn's Southeasterly line to the place of beginning. PARCEL�,CE- I I : �!, A part of Section 2 , Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, more particularly described as follows : Beginning at a point in the Donation Land Claim of W. W. Graham and wife, in Township 2 South, Range 1 West of the Willamette Meridian, 6 . 25 chains South and 4 . 50 chains West of the quarter section corner between Sections 1 and 2 , in said Township and Range ; and running thence South 13. 25 chains ; thence West 7. 75 chains ; thence North 11 .39 chains ; thence North 78° 15 ' East 2 .79 chains ; thence South 11° 45 ' East 64 links ; thence North 78° 15 ' East 50 links ; thence North 11.° 45 ' West 64 links ; thence North 76° 45 ' East 4 . 76 chains to the place of beginning; EXCEPTING THEREFROM that portion conveyed to the Villa Ridge Christian Church, an Oregon corporation, described as follows : Beginning at a point in the Donation Land Claim of W. Graham and wife in Section 2 , Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon 6. 25 chains South and 4 .50 chains West of the quarter corner between Sections 1 and 2 in said Township and Range , said point being in the center line of State Highway No . 217 (County Road No, 227) ; thence South 0° 22' West along the center line of State Highway 217 (County Road No. 227) to its intersection with the center line of County Road No. 567 (Omara Street) (from which an iron pipe bears South 89° .00 ' East 20 feet ; ) thence North 89° 00 '- West 515. 30 feet along the center line of County Road 567 (Omara Street) to an iron pipe; thence North 01° 25 ' East 20.00 feet to an iron on the Northerly boundary of County Road No. 567 (Ohara Street) and true point of beginning of the parcel herein described; thence North 01° 25 ' East 327 . 60 feet to an iron rod; thence North 0 ." 25 ' East 95 . 00 feet to a point in the center line of Fanno Creek; thence South 78° 56 ' East 1=0 . 52 feet to a point in the center line of Fanno Creek; thence South 0° 22 ' East 87. 40 feet to an iron row:; thence South 83° 01 ' East 380 . 00 feet to an iron rod on the Westerly boundary of said State H=-_ way No. 217 (County Road No. 227) and 20 feet from the center line thereof; thence South 0° 22 ' West 270 . 20 feet along the Westerly line of State High. ay No. 217 (County Road tio . 227) and 20 . 00 feet Westerly from the center l .ne of said State Highway No. 217 to an iron ptoe on the North boundary of County Road No. 567 (Omara Street) ; thence .:o th 89° 00 ' West 495. 30 feet Page 1 - EXHIBIT "A" BOOKIOO5 ►A,{x945 • vrw" 12091 along the North line of County Road No. 567 to an iron rod and true point of beginning of the parcel herein described ;ALSO EXCEPTING T-E, : ii0that portion conveyed tc Noell G. Nelson .and lie , described as follows : Beginning at a point in the D._ration Land Claim of W. W. Graham and wife , in Section 2 , Township 2 South, Range 1 West , Willamette • Meridian, Washington County, Oregon, 6 . 25 chains South and 4 .50 chains• West of the quarter corner between Sections 1 and 2, Township 2 South, Range 1 West, Willamette Meridian, said point being in the center line of State Highway No. 217 (County Road No. 227) ; thence South 00 .22 ' West along the center line of State Highway No. 217 (County Road No. 227) x t - with County to its intersection the center line of Road No. 557 (Omara Street) from which an iron pipe bears South 89° 0 ' East 20 . 00 feet ; thence North 89° .00 ' West 515 .30 feet along the center line of County Road No. 567 (Omara Street) to an iron pipe ; thence North 01° 25 ' East 347.60 feet to an iron rod; thence South 83° 01 ' East 112 . 30 feet to an iron rod and true point of beginning of the parcel - - he ^ein described; thence North 0° 22 ' West 50 . 40 feet to an iron rod; thence North 0° 22 ' West 37 . 00 feet to the center line of Fanno Creek; thence North 56° .50 ' East 43. 20 .feet along the center line of Fanno Creek; thence North 38° 57' East 13. 89 feet along the center line of Fanno Creek; thence South 85° East 116 .54 feet along the center line of Fanno Creek to a pont; thence South 51° 58 ' East 78. 80 feat along the center line of Fanno Creek to a point ; thence South 55° .18' East 108. 85 feet along the center line of Fanno Creek to the West line of State Highway ':e . 217 (County Road No. 227) ; thence South 0° 22 ' West 130 , 00 feet alongthe West line of State Highway No . 217 (County Road No. 227) and 2J . 00 feet Westerly from the center _ line to an iron rod; thence North 01', West 380 . 00 .feet, to an iron rod and t'ue_ point of beginning of she parcel heroin described. SUBJECT to a permanent sewer easement between Pacific-Italia , Inc. , and Marie B. Miller, as Agency to Unified Sewerage Agency of Washington County, a municipal corporation, dated December 1, 1972 , over the following described portion thereof: • A portion of that tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, conveyed to Marie B. Miller as described and recorded in Book 612, Page 166, Parcel 2, Deed Records of said Washington County, more particularly described as follows: A strip of land 30 feet wide, 15 feet either side of the followir.g described centerline. Beginning at a point on the Easterly boundary of said Miller tract, also known as Tax Lot 700 on Washington County Assessor' s Map 2S 1 2DA said point being approximately 220 feet Northerly of. the Southeast corner of that certain tract of land conveyed to Noell G. and Donna N. Nelson as described and recorded in Book 462, Page 210, Deed Records; Thence: North 75 531 04" West 172 feet, more or less; Thence: North 76° 40; 29't West 516.64 feet; Thence. North 610 043 04k' West_ 41 feet, More or 1`5s, to a point on the Easterly boundary of that certain tract of land conveyed to the General Telephone Company as described and recorded in Book 672, Page 400, Deed Records, said point being 23 feet, more or less, North- easterly of the Southeast corner of said General Telephone Company tract. Page 2 - EXHIBIT "A " BOOK 1005 94 4 12091 All Grantor ' s right, title and interest in the property described in Exhibit A in pages 1 and 2 and in Grantor ' s rights under the Assignment of Real Estate Contract by Pacific-Italia, Inc. as Vendee-Buyer under an assignment executed and delivered to the Grantor herein named on December 20 , 1973 . The Grantor ' s interest in the within described real property is covered by a land sale contract with Marie B. Miller which contract has heretofore been assigned to Grantor. Grantor hereby directs that when such contract (recorded in Deed Records of Washington County, Oregon, in Book 623 , page 449) has been paid in full that on compliance with the terms of such contract that conveyance of the real property herein described be made and delivered to the Grantee herein named. BOOK 1005 P.IIGE947 Page 3 - EXHIBIT "A" 4r++ ' 12091 • i i IISTATE OF OREGON, i STATE OF OREGON, County of )ss. ss. Ii .tn I County _ Mulpmah ,19 Personally appeared, and December 26 19 74 who,being duly sworn, II each for himself and not one for the other, did say that the former is the i Personally appeared the above named Knute M. president and that the latter is the Q.vale........._and acknowledged the foregoing instru- secretary of meat to be hiS voluntaryl act and deed. ,a corporation, I j and that the seal affixed to the foregoing instrument is the corporate seal II It! .,;,2of said corporation and that said instrument was signed and sealed in be- i B Iefo ine• half of said corporation by authority of its board of directors; and each of i them acknowledged said instrument to be its voluntary act and deed. j Before me: j j (SEAL) cs.-2:�G-' -t -1,c- ,./;P/?Z'<14'?�.X--- (SEAL) 1 II Notary Public for Oregon Notary Public for Oregon I IMy commi,sion expires: 4/11/78 My commission expires: i li Knute M. Qvale 10 P. O. Box 2963 G ° Portland, Oregon 97208 (GRANTOR'S NAME AND ADDRESS STATE OF OREGON ss ee47) 1 --City of Tigard. County of Washington 1. P . O. Box 23557 I, Roger Thomssen, Director of Records Tigard, Oregon 97223 and Elections and Ex-Officio Recorder of Con- GRANTEE'S NAME AND ADDRESS veyances for said county, do hereby certify SPACE RESERVED that the within instrument of writing was After recording return to: FOR received and recorded in book of records Bernard, Hurley, Hodges & Kneeland RECORDER'S USE No. 905 Standard Plaza of said County Portland, Oregon 97204 Witness my hand and seal affixed. NAME.ADDRESS,ZIP ROGER THOMSSEN, Director of Until a change is requested all tax statements shall be sent to the following address. . X'2 PNl Records & Elections City of Tigard '- P. O. Box 23557 �4 Tigard, Oregon 97223 Deputy NAME.ADDRESS,ZIP Otc 30 8 42 IA '14 STATE OF OREGON ) L( ) ss. City of Tigard ) I, the duly zppointed, qualified and acting recorder of the City of Tigard do hereby certify that the within Deed and the rights thereby granted were accepted by the City of Tigard by resolution duly passed by the Council on this 27th day of December, 1974. r Dg oris Hartv,,,,Z., , .. •� City Recorder - ,city of Tigard BOOK 1005 PAGES 48 owe ANDERSON, DITTMAN & ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. O. BOX 23006. TIGARD. OREGON 97223 639.1121 FRED. A. ANDERSON May 22, 1975 DERRYCK H. DITTMAN y ROGER , F. ANDERSON MEMO TO: City Recorder City of Tigard FROM: Anderson, Dittman & Anderson SUBJECT : QVATT1 GIFT Herewith for the permanent records of the City the follow- ing in connection with the above referenced gift: Assignment Deed dated December 26 , 1974, recorded in Book 1005 at Page 944, Deed Records Warranty Deed dated March 27, 1975, re- corded in Book 1022 at Page 944 , Deed Records Title Insurance Company Policy No. 327874 insuring the City of Tigard as fee simple owner of the premises, subject only to the exceptions noted on Schedule B. The Title Insurance Company invoice in the sum of $126. 14 is enclosed, including recording of $5. 00 , and $1, 14 for balance of taxes paid by the title company in behalf of the City, as shown by the enclosed tax invoice. I suggest that the City pay the title company directly in the sum of $126. 14 . If there is any question i his connection, please con- tact me, ed A erson FAA:pml Encl. Awry 7 *040 CITY OF TIGARD RESOLUTION No. 75 ,Z.o RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING CONVEYANCE OF LANDS BY KNUTE M. QVALE TO THE CITY OF TIGARD WHEREAS, KNUTE M. QVALE, as donor, assigned to the City of Tigard, Oregon, as donee, by instrument heretofore recorded in Book 1005 at Page 994, Deed Records of Washington County, Oregon, assigned the vendee ' s interest in a certain contract recorded in Book 623, at Page 449, Deed Records of Washington County, Oregon, and in and to the lands therein described; and WHEREAS, there has been tendered to the City the within deed executed by Marie B. Miller, as vendor in said contract, convey- ing to the City of Tigard the said lands so described in said con- tract; NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Tigard does hereby accept the said conveyance in fulfillment of the said contract recorded in Book 623 at Page 449, Deed Records of Wash- ington County, Oregon, for and on behalf of the City of Tigard. BE IT FURTHER RESOLVED that the legal counsel of the City shall forthwith cause the within document to be recorded in the Deed Records of Washington County, Oregon. PASSED: This g Y day of April, 1975, by the Council of the City of Tigard. MAYOR - City of Tigard ATTEST: RECORDER - Ci/tY "of T . rd i RESOLUTION No. 75-a v Oregon Land Title Association ' Standard Coverage Policy ,, Premium $ 120.00 tir4 .e8•64,,.7.4v.,4:1„.17,,,t: ,v„ ..0...1.. -',F AM- w v r a to " , 041 i"iia V v 0 POLICY OF TITLE INSURANCE ISSUED BY 7etée T4ae ecmft 4 olepot an Oregon corporation, hereinafter 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 Stipulations 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 Any defect in, or lien or en- cumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B,or excluded from coverage in the Schedule of Exclusions from Coverage;or 3. 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 4. 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 the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto an- nexed, which, together with Schedules A and B are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY OF OREGON 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. 7eeee Twee/mom (,Jamoieue, oic ax,g° Countersigned J y BY #/1-41141 '** & :+'�`'#0q e PRESIDENT aCft..":....** m 6/- :6 ie.-Z(467/7 cif:- <-' e c-w'--- ATTEST SECRETARY Authorized Officer ` TI 12 ZG CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) day period. Failure to furnish such state- Insured, except to the extent that such se' 1 on a pro rata basis as if the face ment of loss or damage, or to commence y'payments reduce the amount of the arAiiedit of this policy was divided pro such action within the time hereinbefore indebtedness secured by such mortgage. rata as to the value on the date of this specified, shall be a conclusive bar Payment in full by any person or vol- policy of each separate independent parcel against maintenance by the Insured of untary satisfaction or release by the to the whole, exclusive of any improve- any action under this policy. Insured of a mortgage covered by this ments made subsequent to the date of 5. OPTION TO PAY, SETTLE OR COMPRO- policy shall terminate all liability of the this policy, unless a liability or value MISE CLAIMS Company to the insured owner of the has otherwise been agreed upon as to The Company shall have the option to indebtedness secured by such mortgage, each such parcel by the Company and pay or settle or compromise for or in the except as provided in paragraph 2 hereof. the Insured at the time of the issuance of name of the Insured any claim insured (e)When liability has been definitely this policy and shown by an express against or to pay the full amount of this fixed in accordance with the conditions statement herein or by an endorsement policy, or, in case loss is claimed under of this policy the loss or damage shall be attached hereto. this policy by the owner of the indebted- payable within thirty days thereafter. 9. SUBROGATION UPON PAYMENT OR ness secured by a mortgage covered by LIABILITY NONCUMULATIVE SETTLEMENT this policy, the Company shall have the Whenever the Company shall have option to purchase said indebtedness; It is expressly understood that the settled a claim under this policy, all such purchase, payment or tender of amount of this policy is reduced by any right of subrogation shall vest in the payment of the full amount of this policy, amount the Company may pay under any Company unaffected by any act of the together with all costs, attorneys' fees policy insuring the validity or priority Insured, and it shall be subrogated to and and expenses which the Company is of any mortgage shown or referred to in be entitled to all rights and remedies obligated hereunder to pay, shall termi- Schedule B hereof or any mortgage here- which the Insured would have had nate all liability of the Company here- after executed by the Insured which is a against any person or property in respect under. In the event, after notice of claim charge or lien on the estate or interest to such claim had this policy not been has been given to the Company by the described or referred to in Schedule A, issued. If the payment does not cover the Insured, the Company offers to purchase and the amount so paid shall be deemed a loss of the Insured, the Company shall said indebtedness, the owner of such payment to the Insured under this policy. be subrogated to such rights and remedies indebtedness shall transfer and assign The provisions of this paragraph num- in the proportion which said payment said indebtedness and the mortgage secur- bered 8 shall not apply to an Insured bears to the amount of said loss. If loss ing the same to the Company upon owner of an indebtedness secured by a should result from any act of the In- payment of the purchase price. mortgage shown in Schedule B unless sured,such act shall not void this policy, 6. PAYMENT OF LOSS such Insured acquires title to said estate but the Company, in that event, shall be or interest in satisfaction of said in- required to pay only that part of any (a) The liability of the Company debtedness or any part thereof. losses insured against hereunder which under this policy shall in no case exceed, shall exceed the amount, if any, lost to in all, the actual loss of the Insured and 8. COINSURANCE AND APPORTIONMENT the Company by reason of the impair- costs and attorneys' fees which the Corn- (a) In the event that a partial ment of the right of subrogation. The pang may he obligated hereunder to pay. loss occurs after the Insured makes an Insured, if requested by the Company, (b)The Company will pay, in addi- improvement subsequent to the date of shall transfer to the Company all rights tion to any loss insured against by this this policy, and only in that event, the and remedies against any person or prop- policy, all costs imposed upon the In- Insured becomes a coinsurer to the extent erty necessary in order to perfect such sured in litigation carried on by the hereinafter set forth. right of subrogation, and shall permit Company for the Insured, and all costs If the cost of the improvement ex- the Company to use the name of the and attorneys' fees in litigation carried ceeds twenty per centum of the amount Insured in any transaction or litigation on by the Insured with the written of this policy, such proportion only of involving such rights or remedies. authorization of the Company. any partial loss established shall be borne If the Insured is the owner of the in- (c)No claim for damages shall arise by the Company as one hundred twenty debtedness secured by a mortgage covered or be maintainable under this policy (1) per centum of the amount of this policy by this policy, such Insured may release if the Company, after having received bears to the sum of the amount of this or substitute the personal liability of any notice of an alleged defect, lien or en- policy and the amount expended for the debtor or guarantor, or extend or other- cumbrance not excepted or excluded improvement. The foregoing provisions wise modify the terms of payment, or herein removes such defect, lien or en- shall not apply to costs and attorneys' release a portion of the estate or interest cumbrance within a reasonable time after fees incurred by the Company in prose- from the lien of the mortgage, or release receipt of such notice, or(2)for liability cuting or providing for the defense of any collateral security for the indebted- voluntarily assumed by the Insured in actions or proceedings, in behalf of the ness, provided such act does not result in settling any claim or suit without Insured pursuant to the terms of this any loss of priority of the lien of the written consent of the Company, or (3) policy or to costs imposed on the Insured mortgage. in the event the title is rejected as un- in such actions or proceedings, and shall 10. POLICY ENTIRE CONTRACT marketable because of a defect, lien or apply only to that portion of losses which Any action or actions or rights of encumbrance not excepted or excluded exceed in the aggregate ten per cent of action that the Insured may have or may in this policy, until there has been a the face of the policy, bring against the Company arising out final determination by a court of com- Provided, however, that the foregoing of the status of the lien of the mortgage petent jurisdiction sustaining such re- coinsurance provisions shall not apply to covered by this policy or the title of the lection. any loss arising out of a lien or encum estate or interest insured herein must be (d) All payments under this policy, brance for a liquidated amount which based on the provisions of this policy. except payments made for costs, at- existed on the date of this policy and was No provision or condition of this policy torneys' fees and expenses, shall reduce not shown in Schedule B; and provided can be waived or changed except by the amount of the insurance pro tanto further,such coinsurance provisions shall writing endorsed hereon or attached and no payment shall be made without not apply to any loss if,at the time of the hereto signed by the President, a Vice- producing this policy for endorsement occurance of such loss, the then value of President, the Secretary, and Assistant of such payment unless the policy be the premises, as so improved, does not Secretary or other validating officer of lost or destroyed in which case proof exceed one hundred twenty per centum of the Company. of such loss or destruction shall be fur- the amount of this policy. 11. NOTICES, WHERE SENT nished to the satisfaction of the Com- (b) If the land described or referred ' All notices required to be given the pany; provided, however, if the owner to in Schedule A is divisible into separate Company and any statement in writing of an indebtedness secured by a mortgage and noncontiguous parcels, or if con- required to be furnished the Company shown in Schedule B is an Insured tiguous and such parcels are not used as shall include the number of this policy herein then such payments shall not one single site, and a loss is established and shall be addressed to it at the office which reduce pro tanto the amount of the in- affectingone or more of said parcels but issued this policy ore. itso home surance afforded hereunder as to such not all, the loss shall be comuted and Oegont97204. W. Fourth Ave., Portland, W , SCHEDULE A Amount $ 20, 000.00 Date May 12, 1975 At 2:45 P.M. INSURED ---CITY OF TIGARD, OREGON--- The fee simple title to said land is, at the date hereof, vested in CITY OF TIGARD, OREGON, a municipal corporation.-- The land referred to in this policy is described as: See EXHIBIT "A" attached.--- PAGE 2 OF POLICY NO. 327874 TI 28 err Order No. 327874 EXHIBIT "A" PARCEL I: A part of Section 2, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the most Southerly Southeast corner of that certain tract of land conveyed to Arthur E. Prier, et ux, to James H. Finn and Sappho M. Finn by deed recorded in Book 231, Page 251, recorded June 3, 1944, dated May 10, 1944; thence South 59°07' East to an iron pipe on the East line of the O'Meara tract; thence North 2° 43' East to the intersection of the Southeasterly line of the above mentioned Finn property; thence South 35°24' West along Finn's Southeasterly line to the place of beginning. PARCEL II: A part of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, more particularly described as follows: Beginning at a point in the Donation Land Claim of W. W. Graham and wife, in Township 2 South, Range 1 West of the Willamette Meridian, 6.25 chains South and 4.50 chains West of the quarter section corner between Sections 1 and 2, in said Township and Range; and running thence South 13.25 chains; thence West 7.75 chains; thence North 11.39 chains; thence North 78°15' East 2.79 chains; thence South 11°45' East 64 links; thence North 78°15' East 50 links; thence North 11° 45' West 64 links; thence North 76°45' East 4.76 chains to the place of beginning; EXCEPTING THEREFROM that portion conveyed to the Villa Ridge Christian Church, an Oregon corporation, described as follows: Beginning at a point in the Donation Land Claim of W. W. Graham and wife in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, 6.25 chains South and 4.50 chains West of the quarter corner between Sections 1 and 2 in said Township and Range, said point being in the center line of State Highway No. 217 (County Road No. 227) ; thence South 0°22' West along the center line of State Highway 217 (County Road No. 227) to its intersection with the center line of County Road No. 567 (Omara Street) (from which an iron pipe bears South 89°00' East 20 feet; ) thence North 89°00' West 515.30 feet along the center line of County Road 567 (Omara Street) to an iron pipe; thence North O1°25' East 20.00 feet to an iron on the Northerly boundary of County Road No. 567 (Omara Street) , and the true point of beginning of the parcel herein described; thence North O1°25' East 327.60 feet to an iron rod; thence Page 3 of Policy No. 327874 • *Irr 4.00 EXHIBIT "A" Continued---2 Order No. 327874 North 01°25' East 95.00 feet to a point in the center line of Fenno Creek; th':..race South 78°56' E=Aat 110.52 feet to a point in the center line of Fenno Creek; thence South 0°22' East 87.40 feet to an iron rod; thence South 83°01' East 380.00 feet to an iron rod on the Westerly boundary of said State Highway No. 217 (County Road No. 227) and 20 feet from the center line thereof; thence South 0°221 West 276.20 feet along the Westerly line of State Highway No. 217 (County Road No. 227) and 20.00 feat Westerly from the center line of said State Highway No. 217 to an iron pipe on the North boundary of County Road No. 567 (Omara Street) ; thence North 89°00' West 495.30 feet along the North line of County Road No. 567 to an iron rod and true point of beginning of the parcel herein described; ALSO EXCEPTING THEREFROM that portion conveyed to Noell G. Nelson and wife, described as follows: Beginning at a point in the Donation Land Claim of W. W. Graham and wife, in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, 6.25 chains South and 4.50 chains West of the quarter corner between Sections 1 and 2, Township 2 South, Range 1 West, Willamette Meridian, said point being in the center;of State Highway No. 217 (County Road No. 227) ; thence South 0°22' West along the center line of State Highway No. 217 (County Road No. 227) to its intersection with the center line of County Road No. 567 (Omara Street) from which an iron pipe bears South 89°0' East 20.00 feet; thence North 89°00' West 515.30 feet along the center line of County Road No. 567 (Omara Street) to an iron pipe; thence North 01°25' East 347.60 feet to an iron rod; thence South 83°01' East 112.30 feet to an iron rod and true point of beginning of the parcel herein described; thence North 0°22' West 50.40 feet to an iron rod; thence North 0° 22' West 37.00 feet to the centerline of Fanno Creek; thence North 56°50' East 43.20 feet along the center line of Fanno Creek; thence North 38°57' East 118.89 feet along the center line of Fenno Creek; thence South 85°29' East 116.54 feet along the center line of Fenno Creek to a point; thence South 51°58' East 78.80 feet along the center line of Fenno Creek to a point; thence South 55°18' East 108.86 feet along the center line of Fenno Creek to the West line of State Highway No. 217 (County Road No. 227) ; thence South 0°22' West 130.00 feet along the West line of State Highway No. 217 (County Road No. 227) and 20.00 feet Westerly from the center line to an iron rod; thence North 83°01' West 380.00 feet to an iron rod and true point of beginning of the parcel herein described. Page 3-A of Policy No. 327874 Oregon Land Title Association Standard Coverage Policy SCHEDULE B 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 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; 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; un- patented 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. Statutory powers and assessments of Unified Sewerage Agency. 6. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. 7. Easement and right of way granted to Lothar E. Schramm and Ann M. Schramm, husband and wife, for the construction and maintenance of an underground sewer line, dated August 16, 1972, recorded November 21, 1972 in Book 898, page 45, Washington County Records. 8. Easement and right of way granted to Unified Sewerage Agency of Washington County, for the construction and maintenance of an underground sewer, dated December 1, 1972, recorded December 29, 1972 in Book 903, page 602, Washington County Records.--- Page 4 of Policy No. 327874 T-30 0" This sketch is for location purposes ----m only. and no liability is assumed for # i any ,,iations determined by sure y: T ITLE •LNSU*ANCE COMPANY OF OREGON i x 646-8181. 4 SCALE MAP NO I I: 400x 4 V 4.80 Ac. 4) n J'ee V/� 0 - 32+00.03 P.T. /.•:\ 8.98, v 32+75 t M j X V „ . /., 32+50 \y y,r C'7 R'• w V N ,V 0 ,�j' ., O• -010a- „' 9060_F.. — 600 ;r'4) - - 516 �,..---w•-•�""- ' &03 s a X165 519042 W....._ N N d �'• ' o < v s 2 4, z 76 15� • OM 700 508 Ac. O 3 " s I ssr, � t o,., SEE MAP 0 2S 1208 :,..‘0 44 / /60116Ac.54 o /°, 702 e9 'IC OU _ N 1 O I. O II°5---;-..., .., ,_ ,..0 , 0 e IA m w -N Y N r O m O VI 112.3 0 • 701 s83001. 368 Ac rwiso ANDERSON. DITTMAN & ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8868 S. W. CENTER STREET P. O. BOX 23006. TIGARD. OREGON 97223 ' yV ° Re639_1121 !! 75 FRED. A. ANDERSON DERRYCK H. DITTMAN April 4, 1975 ROGER F. ANDERSON MEMO TO: City Administrator FROM: Anderson, Dittman & Anderson SUBJECT: QVALE TO CITY After successive requests, I have obtained a deed in con- firmation of the prior gift of the vendee' s interest in a certain contract for the conveyance of lands to the City of Tigard. I enclose a warranty deed from Marie B. Miller, whom I understand to be the record titleholder and vendor in the pre- existing contract. The deed naming the City of Tigard as grantee should be accepted by Council action and thereafter recorded in the deed records. It is further my recommendation that the City arrange for a title search and issuance of a policy insuring feesimple title in the City subject to the conditions of the grant, to thereby pre- clude any future title problem which could otherwise arise. By taking this action now, while all parties are in being, would enable the City to overcome any title exceptions. I have prepared and attached to the deed a form of resolu- tion accepting the deed. You may wish to also have the Council extend the public ' s. appreciation to the donor by suita. ►e resolution. V -• A. Anderson FAA:pml Encl. A*010 '400, T1GARD CITY COUNCIL SPECIAL MEETING DECEMBER. 27, 1974, 4s15 P.M. 1. ROLL CALL: Mayor Floyd H. Bergmann; Councilmen John E. Cook, Alan Mickelson, J. Allan Paterson; City Administrator Bruce P. Clark; City Recorder Doris Hartig. Special meeting was duly called with common consent of the Council for the purpose of accepting a land deed to city for park purposes. City Administrator synopsized gift to the city by Mr. Knute M. Qvale. This parcel of land fronting on S.W. Hall Blvd. is to be used exclusively and permanently for public purposes as a public park or other similar use for the benefit of the general public. 2. RESOLUTION No. 74-74 (a) Mayor Bergmann requested City Recorder to readentire resolution which accepts the gift and express the thanks and appreciation of the City to the doner, Mr. Knute M. Qvale, (b) Motion to adopt resolution: Councilman Cook; seconded by Councilman Mickelson. Approved by unanimous vote of Council present. 3. ADJOURNMENT: 4s25 P.M. • • /14.:64 City Recorder ATTESTS Mayor • CITY OF TIGARD, OREGON fy RESOLUTION No. 74- -7 . WHEREAS, Knute M. Qvale, by instrument dated December 26 , 1974 , has tendered to the City of Tigard the real property interests therein described to be used exclusively and perm- anently for public purposes within the State of Oregon as a public park or other similar use for the benefit of the general public; and WHEREAS, the City is further assured by letter of Decem- ber 27, 1974, signed on behalf of Pacific Italia, Inc . that the remaining balance of purchase price of said real property intrests will be paid by said corporation and that a deed of conveyance will be forthcoming within the near future from the record title holder and seller, Mary B. Miller, whereby title to said land and .rights will become vested in the City of Tigard; NOW, THEREFORE, the Council of the City of Tigard does hereby resolve as follows : (a) To accept the instrument of assignment as a charitable gift in the year 1974 from the donor, Knute M. Qvale . (b) That the City Recorder be and she is hereby author- ized and directed to have the same forthwith recorded in the Deed Records of Washington County, Oregon. (c) That the Council, on behalf of the people of the City of Tigard, does hereby extend their thanks and appreciation to the donor, Knute M. Qvale, for the gift above described. PASSED by unanimous vote of a quorum of councilmen present this p `)tL day of December, 1974. Mayor - City of Tigard ATTEST: Recorder - City of Tigard Resolution No. 74- riq . • 1 December 27, 1974 KUM° TO: City Council City of Tigard PROM Anderson, Ditt, an 4 Anderson SUBJECTr DEED or GIFT -- OVALE TO CITY The within deed from Ovale to the City does not by its terms convey a fee title to the lands and rights therein des- cribed for the reasons appearing on Page 3 thereof. The deed admittedly purports to transfer to the City the vendee's interest in a real property contract reportedly of record in Book 623 at Page 449, Deed Records, wherein Mary B. Miller, as owner and vendor, is selling to Pacific Italia, Inc. , a corporation, the lands and rights described. The corporation has assigned its vendee' s interests to Mr. Ovale, who, in turn, by the within instrument, is transferring sane to the City of Tigard. I obtained through Mr. Ovale' s attorn-y, William Bernard, of Portland, the within letter of December 27, 1974 , verifying the obligation of Pacific Italia, Inc. to pay off the deferred balance of purchase price to Mrs. Miller who would then at some futur, date deed tha property directly to the City of Tigard in fulfillment of the Seller's obligations under the contract. The remaining balance reportedly is $3412,10. However, Mr. Ovals desires that the within document be accepted and recorded during the current year to vouchsafe to him a charitable deduc- tion equal to the value of the property on his tax return for the year 1974 year. Please note also that the purpose of the transfer is lax- elusively and oermanently for public purposes within the State of Oregon as a public park or other similar use for the benefit of the general public. . ." The attached map delineates the area of the grant which has considerable frontage on Pall Blvd. just North of Fenno Creek on the West side of Hall 31vd. While the procedure adopted in this instance is somewhat unusual, I understand that Pacific Italia, Inc. is wholly owned by Mr. Ovale who presumably is in a position to assure that the grant fro, Mrs. Miller will be forthcoming and therefore, I perceive no reason, from a legal point of view, other aspects of the matter being proper, why the City should not accept the gift. Fre . A. Anderson PAA:pral Encl. • Ira!, ,! pacific-i/a//a Inc. 2609S E. 8th A venue Portland, Oregon 97202 U.S.A. Telephone (503)235-8951 December 27, 1974 City of Tigard Oregon Tigard, Oregon Gentlemen: The purpose of this letter is to advise you that Pacific Italia, Inc. is obligated to pay the balance due on the real estate contract of December 1966 in which Marie B. MiZZer is the seller. It is our understanding that Knute M. Qvale is deeding to you the real property described in this contract and all of his rights under the contract. The principal balance due on this contract is, at the present time, .;3,412. 10. Pacific Italia, Inc. will pay the full balance of principal and inter- est due on the contract within the calendar year 1975. Sincerely yours, PACIFIC ITALIA, INC. . F. He Z lweg resident GFH:Zsr Nitoo 4.00 BERNARD, HURLEY, HODGES & KNEELAND ATTORNEYS AT LAW E.F. BERNARD 11968) 905 STANDARD PLAZA WILLIAM F. BERNARD PORTLAND,OREGON 97204 TELEPHONE WILLIAM E.HURLEY (503) 224-7240 CARLTON W. HODGES December 26 , 1974 JOHN P. KNEELAND Mr. Bruce Clark, City Manager City of Tigard 12420 S. W. Main Tigard, Oregon 97223 Subject: Knute M. Qvale - City of Tigard Dear Mr. Clark: There will be delivered to you with this letter the above referenced deed. It is essential that this deed not only be accepted but that it be recorded on or before December 31, 1974. Rather than use the mails, would you have the deed personally delivered to the County Clerk of Washington County for recording on or before Tuesday, December 31, 1974 . I have noted that the deed should be returned to us after recording so that I will know that it has been recorded and I will then immediately transmit the deed on to you. I trust this will be satisfactory with you, if not, please call . Sincerely, Y ,: William F. Bernard WFB:em Enclosure cc-Mr. Knute M. Qvale RIVIERA MOTORS, INC. NORTHWEST DISTRIBUTOR VOLKSWAGEN FIVE OAKS INDUSTRIAL PARK • ROUTE 1 • BOX 220 VW • HILLSBORO. OREGON 97123 • PHONE (503) 645-5511 • CABLE RIVMO December 23, 1974 Mr. Bruce Clark, City Manager City of Tigard 12420 S. W. Main Tigard, Oregon Dear Mr. Clark: As you know, I have taken the steps necessary to deed my property of approximately five acres on Hall Blvd. in Tigard to the city of Tigard as a gift. The gift is made with the understanding that the property will not be resold, but will be used by the City of Tigard for the benefit of the general public. It is my hope that the city, in the future, will be able to develop bicycle trails and other recreational improvements for the use of the public. As a local businessman, the opportunity to make this donation gives me great pleasure to in some small way be of some benefit to the community in which I work. Sincer ly, ,7 !` Knute M.' Qvale ` KMQ:lc � / 1 , -----7) mill NEEN/14111,1,1101 1 / , . 1k /50 .... _______ r BRUSHil TREES .. • 31 3 I I J , /---) (3 L r x--------x x C.B. xj. l1 i Gl— / 0 c a 0 ir, sr.- . • ,,,/7-----------x X149.5 C.B. C.B. (71 c3 I / , • BR. a _.,-- 0 itt 1 ft viv 44 -vier . ,.) a* - ork ellillik is 2 . 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