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:
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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
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