5489 ~ Burnham Street �9,
FORM Na 783-WARRANTY DEED.
5-. 9 ;,
KNOW ALL MEN BY THESE PRESENTS, That GUNNAR GOTTHOLM BOSTR0M and
ETHEL MAY BOSTROM, husband and wife
in consideration of Dollars,
to us paid by TIGARD SANITARY DISTRICT, a municipal corporation,
do hereby grant, bargain, sell and convey unto said TIGARD SANITARY DISTRICT, a municipal
corporation, bettexand assigns, all the following real property, with the
tenements, hereditaments and appurtenances situated in the County of Washington
and State of Oregon, bounded and described as follows, to-wit:
A part of Lot 5, Burnham Tract, Washington County, Oregon, being more
particularly described as follows:
Beginning at the most Westerly corner of tract conveyed to Wesley L*
Sweek and Hazel D. Sweek, husband and wife, by deed recorded in
Book 278 page 30 Deed Records, Washington County, Oregon; thence
South 42 degrees 051 West 456 feet to a point on the Southwesterly
line of Lot 5, Burnham Tract; thence South )15 degrees 461 East along
said line 310 feet, more or less, to the Southwest corner of said
Lot 5; thence North 42 degrees 051 East along the Southeasterly line
of said Lot 5, a distance of 456 feet to a point on said line;
thence North )45 degrees 16'West 310 feet, more or less, to the point
of beginning, Save and Except a 16 foot strip along the Southeasterly
side of said property, the Northerly line being described as a line
drawn 16 feet Northerly of and parallel with the Southeasterly lined
Lot 5, Burnham Tract.
Also the following right appurtenant, to-wit:
An easement for road purposes over the 16 foot strip along the
southeasterly side of said property the northerly line being
described as the line drawn 16 feet northerly of and parallel to
the southeasterly line of Lot 5, Burnham Tract.
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To Have and to Hold, the above described and granted premises unto the said TIGARD SANITARY
DISTRICT, a municipal corporation,
and assigns forever.
And GUNNAR GOTTHOLM BOSTROM and ETHEL MAY BOSTROM, husband and wife
the grantor s
above named do covenant to and with the above named grantee , and assigns that
they are lawfully seized in fee simple of the above granted premises, that the above granted premises
are free from all encumbrances,
and that they will and their heirs, executors and administrators, shall warrant and forever defend the
above granted premises, and every part and parcel thereof, against the lawful claims and demands of all
persons whomsoever,
Witness our hands and seas this A-- day of July , 1956 .
Executed in the Presence of
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STATE OF OREGON,
Id ss. II
'I County of Washington
$1 BE IT REMEMBERED, That on this ,-5401 day of July , 19 56 ,
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
named GUNNAR GOTTHOLM BOSTROM and ETHEL MAY BOSTROM, husband and wife,
Iknown to me to be the identical individual S described in and who executed the within instrument and
acknowledged to me that they executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
4l my official seal •- d. an• ,ear st above written. "j
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TITLE c0. pmETINI
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HAWTHORNE BRANCH
WASHINGTON11350S. COUNTY BRAN
WCANYON ROAD / � axe" 1439 S E THIRTY-NINTH AVENUE
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TELEPHONE • MITCHELL 4-1194 315 SOUTHWES ` �i ,• FCiON Pw TELEPHONE BELMONT 4-7489
BEAVERTON,OREGON . ' PORTLAND,OREGON
TELEPHONE • CAPITO,L 2-9931
77 S
$ 1, R00.00 Premium $ X No. 171828
Policy of Title Insurance
PACIFIC TITLE INSURANCE CO., a corporation, (incorporated under the laws of the State
of Oregon), hereinafter called the Company, for a valuable consideration paid for this policy of
title insurance,
Does Hereby Insure
TI GARD SANI TARY DI STRI CT
together with thepersons and corporations included in the definition of "the insured"
as set forth in the stipulations of this policy, against loss or damage not exceeding
ONE THOUSAND, EI GT HUNDRED--- dollars,
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, encum-
brances, or other matters shown or referred to in Schedule B; or
3. Any defect in,or lien or encumbrance on,said title existing at the date hereof,
not shown or referred to in Schedule B; or
4. Any defect in the execution of any mortgage or deed of trust shown inp Schedule
B securing an indebtedness, the owner of which is insured by this policy, but
only insofar as such defect affects the lien or charge of such mortgage or deed
of trust upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any
lien or encumbrance upon said land, except as shown in Schedule B, such
mortgage or deed of trust being shown in the order of its priority.
all subject, however, to SCHEDULES A and B, and the STIPULATIONS herein, all of which
schedules and stipulations are hereby made a part of this policy.
In witness whereof, PACIFIC TITLE INSURANCE CO. has caused its corporate name and
seal to be hereunto affixed by its duly authorized officers, the day and hour set forth in SCHED-
ULE A hereof.
PACIFIC TITLE INSURANCE CO.
By i
6-154/
�. President wir
Attest k
Assistant Secretary
PAGE 1 OF POLICY NO.
L71828 cr
•
SCHEDULE A
On July 25, 1956 at 3:11 o'clock, pM., the title to
the land described in this Schedule is vested in:
TIGARD SANITARY DISTRICT
an estate in fee simple
Description of the tract of land the title to which is insured by this policy:
A part of Lot 5, Burnham Tract, Washington County, Oregon, being
more particularly described as follows :
Beginning at the most Westerly corner of tract conveyed to Wesley L.
Sweek and hazel D. Sweek, husband and wife, by deed recorded in book
278 page 30 Deed Records, Washington County, Oregon; thence South
L2' 05' West 456 feet to a point on the Southwesterly line of Lot 5,
Burnham Tract: thence South 45° 46 ' East along said line 310 feet,
more or less, to the Southwest corner of said Lot 5; thence North
42° 05 ' East along the Southeasterly line of said Lot 5, a distance
of 456 feet to a point on said line; thence forth 45° 46 ' West 310
feet, more or less, to the point of beginning, Save and Except a
16 foot strip along the Southeasterly side of said property, the
Hortherly line being described as a line drawn 16 feet Northerly of
and parallel with the Southeasterly line of Lot 5, Burnham Tract.
PAGE 2 OF POLICY NO1 1828
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SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured in Paragraphs numbered 4 and 5 on page 1 of this policy.
1. Easements, liens or incumbrances, including material or labor liens,which are not shown by the public records;
mining claims; reservations in patents; water rights,claims or title to water.
2. Rights or claims of persons in possession,or claiming to be in possession,not shown of record; any state of facts
which an accurate survey and inspection of said land would show.
3. Assessments which are not shown as existing liens by the public records;taxes not yet payable;pending proceed-
ings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor.
4. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regu-
lating or prohibiting the occupancy,use or enjoyment of the land or any improvement thereon, or limiting the height of
improvements, or prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of
land;or the effect of any violation of any such restrictions, regulations or prohibitions.
5. Premises lie within the Tigard Sanitary District, and are sub—
ject to assessments for the use and benefits of same.
PAGE 3 OF POLICY NO. 171828
e
STIPULATIONS
1. SCOPE OF COVERAGE knowledge, and does not refer to constructive on by the Company for the insured, and in
knowledge or notice which may be imputed by litigation carried on by the insured with the
This policy does not insure against, and the the public records. written authorization of the Company, but not
Company will not be liable for loss or dam- otherwise. The liability of the Company under
age created by or rising out of any of the 3. NOTICE OF LOSS,LIMITATION OF ACTION this policy shall in no case exceed, in all, the
following: (a) defects, liens, 'claims, encum- actual loss of the insured and costs which the
brances, or other matters which result in no A statement in writing of any loss or damage Company is obligated hereunder to pay, and
pecuniaryloss to the insured; b) defects, for which it is claimed the Company is liable
( in no case shall such total liability exceed the
hens, encumbrances, or other matters created under this policy shall be furnished to the amount of this
this policy
and said costs. All pay-
or occurring subsequent to the date hereof; Company within sixty days after such loss ments under
c) defects, liens, encumbrances, or otheror damage shall have been ascertained. No policy shall reduce the
( amount of the insurance pro tanto, and pay-
matters created or suffered by the insured action or proceeding for the recovery of any ment of loss or damage to an insured owner
claiming such loss or damage; or (d) defects, such loss or damage shall be instituted or of indebtedness shall reduce, to that extent,
liens, claims, encumbrances, or other matters maintained against the Company until after the liability of the Company to the insured
existing at the date of this policy and known full compliance by the insured with all the
to the insured dte such loss or damage,e, de-
conditions imposed on the insured by this owner of said land. No payment may be ing
claiming 4 manded by any insured without producing
either at the date of this policy or at the date policy, nor unless commenced within twelve this policy for indorsement of such payment.
such insured claimant acquired an estate or months after receipt by the Company of such
interest insured by this policy, unless such written statement.
defect, lien, claim, encumbrance or other mat- 9. MANNER OF PAYMENT OF LOSS TO
ter shall have been disclosed to the Company
4. APPORTIONMENT OF LOSS INSURED
in writing prior to the issuance of this policy
or appeared at the date of this policy on the Whenever the Company shall be obligated to
public records. Any rights or defenses of the pay a loss under the terms of thisLoss under this policy shall betpayable,ssecured
Company against a named insured shall bepolicy to an by any insured of
of indebtedness chedule
equally available against anyinsuredefectownerthe or topa portionorby reason areaof in- mortgage of deed priority trust shown in Schedule
poration who shall become an insured orhere- defect in n titleali a lb of the e such in order vsstherein shown,o, and i-
sured herein, liability shall be limited to the ownershipvests in more than one, pay-
under as successor of such named insured. proportion of the face amount of this policy ment shall be ade ratably as their respective
which the value of the defective portion bears interests may appear, and thereafter any loss
to the value of the whole at the time of the shall be payable to the other insured, and if
2. DEFENSE OF ACTIONS, NOTICE OF AC- discovery of the defect. more than one, then to such insured ratably
TIONS OR CLAIMS TO BE GIVEN BY as their respective interests may appear. If
THE INSURED 5. OPTION TO PAY, SETTLE, OR COMPRO- there be no such insured owner of indebted-
MISE CLAIMS ness,any loss shall be payable to the insured,
The Company at its own cost shall defend and if more than one, to such insured ratably
the insured in all litigation consisting of ac- The Company reserves the option to pay,settle, as their respective interests may appear.
tions or proceedings against the insured, or or compromise for, or in the name of, the
defenses, restraining orders, or injunctions insured, any claim insured against or to pay
interposed against a foreclosure or sale of this policy in full at any time, and payment 10. DEFINITION OF TERMS
said land in satisfaction of any indebtedness, or tender of payment of the full amount of this
the owner of which is insured by this policy, policy, together with all accrued costs which The following terms when used in this policy
which litigation is founded upon a defect, the Company is obligated hereunder to pay, mean:
lien, encumbrance, or other matter insured shall terminate all liability of the Company (a) "named insured": the persons and cor-
against by this policy, and may pursue such hereunder, including all obligations of the porations named as insured on page one of
litigation to final determination in the court Company with respect to any litigation pend- this policy;
of last resort. In case any such litigation ing and subsequent costs thereof.
shall become known to any insured, or in (b) "the insured": such named insured to-
case knowledge shall come to any insured gather with (1) each successor in ownership
of any claim of title or interest which is ad- 6. SUBROGATION UPON PAYMENT OR of any indebtedness secured by any mortgage
verse to the title as insured or which might SETTLEMENT or deed of trust shown in Schedule B,the owner
cause loss or damage for which the Com- Whenever the Company shall have settled of which indebtedness is named herein as an
pany shall or may be liable by virtue of this p Y insured, (2) any such owner or successor in
a claim under this policy, it shall be subro- ownership of any such indebtedness who
policy, such insured shall notify the Company
thereof in writing. If such notice shall not be gated to and be entitled to all rights, securi- acquires the land described in Schedule A or
to the Company at least five days be- ties, and remedies which the insured would any part thereof, by lawful means in satisfac-
givenfore the appearance day in any such litiga- have had- against any person or property tion of said indebtedness or any part thereof,
in respect to such claim, had this policy not (3)anygovernmental agency
tion, or if such insured shall not, in writing, ac an instrcon-
promptlyumentality
notify the Company of any defect, tbeen issued. If the payment does not cover acquiring said land under insurance lien, encumbrance, or other matter insured he loss othe insured, the Company shall bed tract neinsuring thereof,
nd
against, or of any such adverse claim which subrogatedemedistotsuchtrights, sewhich
said and said yindebtednessperson or ppart thereon and
remedies in the proportion which said pay-
shall come to the knowledge of such in- e s any or corporationainderiving an
sured, in respect to which loss or damage is meet bears to the amount of said loss.In either estate or interest in insurednsu land as an heir or
apprehended, then all liability of the Com- event the insured shall Companytransfer, suchor causeig t, devisee of dissolution,named n li reason of
pony as to each insured having such knowl- be transferred,ues,, etthei sh pe rights, the atame insured;su , or consolidation of a
edge shall cease and terminate; provided, securities, and remedies, and shall permit the corporate named
however, that failure to so notifythe Corn- Company to use the name of the insured in
pony shall in no case prejudice te claim of any transaction or litigation involving such (c) "land": the land described specifically
rights, securities, or remedies. or by reference in Schedule A and improve-
any insured unless the Company shall be ments affixed thereto which by law constitute
actually prejudiced by such failure. The Com- real property;
pony shall have the right to institute and 9, OPTION TO PAY INSURED OWNER OF
prosecute any action or proceeding or do any INDEBTEDNESS AND BECOME OWNER OF specified
"date":int the exact line day, hour and minute
other act which, in its opinion, may be neces- SECURITY pacified the first rofe Schedule A(unless
mean-
sary or desirable to establish the title, or any the context clearly requires a different insured lien or charge, as insured.In all cases The Company has the right and option, in ing);
where this policy permits or requires the case any loss is claimed under this policy (e) "public records": those public records
Company to prosecute or defend any action by an insured owner of an indebtedness se- which, under the recording laws, impart Con-
or proceeding, the insured shall secure to it cured by mortgage or deed of trust, to pay structive notice of matters relating to said land.
in writing the right to so prosecute or defend such insured the indebtedness of the mort-
such action or proceeding, and all appeals gagor or trustor under said mortgage or deed
therein, and permit it to use, at its option, of trust, together with all costs which the 11. WRITTEN INDORSEMENT REQUIRED TO
the name of the insured for such purpose. Company is obligated hereunder to pay, in
Whenever requested by the Company the which case the Company shall become the CHANGE POLICY
insured shall assist the Company in any owner of,and such insured shall at once assign
such action or proceeding, in effecting settle- and transfer to the Company, said mortgage No provision or condition of this policy can be
ment, securing evidence, obtaining witnesses, or deed of trust and the indebtedness thereby waived or changed except by writing indorsed
prosecuting or defending such action or pro- secured, and such payment shall terminate all hereon or attached hereto signed by the
ceeding, to such extent and in such manner liability under this policy to such insured. President, a Vice President, the Secretary, or
as is deemed desirable by the Company, and an Assistant Secretary of the Company.
the Company shall reimburse the insured for
any expense so incurred. The Company shall 8. PAYMENT OF LOSS AND COSTS OF LITI-
be subrogated to and be entitled to all costs GATION. INDORSEMENT OF PAYMENT ON 12. NOTICES, WHERE SENT
and attorneys' fees incurred or expended by POLICY
the Company, which may be recoverable by All notices required to be given the Company
the insured in any litigation carried on by the The Company will pay, in addition to any and any statement in writing required to be
Company on behalf of the insured. The word loss insured against by this policy, all costs furnished the Company shall be addressed to
"knowledge" in this paragraph means actual imposed upon the insured in litigation carried it at its home office.
PAGE 14_ OF POLICY NO. 171828
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THE SKETCH BELOW iS MADE SOLELY FOR THE PURPOSE OF ASSISTING
IN LOCATING SAID PREMISES AND THE COMPANY A SSUMES NO LIABILITY
FOR /ARIA DONS, IFANY, IN DIMENSIONS AND LOCATIONS ASCERTAINED
BY ACTUAL SURVEY.
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