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Fields to Metro Buyer Closing Binder PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is made and entered into as of the last date of signature indicated below(the"Effective Date"), by and between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust("Seller'), and Metro, an Oregon municipal corporation ("Purchaser"). RECITALS A. Seller is the owner of approximately 25 acres of real property, together with all the improvements thereon and all rights appurtenant thereto (including but not limited to access rights,timber rights, water rights, grazing rights, development rights and mineral rights), located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian,and more particularly described on the attached Exhibit A(the"Pro et "). B. Purchaser desires to purchase from Seller, and Seller desires to sell and convey to Purchaser, all right, title and interest in the Property. C. The terms of this Agreement are as follows: TERMS 1. Purchase and Sale. Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, the Property upon the terms and conditions set forth below in this Agreement. 2. Purchase Price. The Purchase Price for the Property is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000). 2.1. Earnest Money. Within ten(10)days after execution of both this Agreement and the Memorandum described in Section 21.1,Purchaser shall deposit into escrow with WFG National Title Insurance Company(the"Title Company")the sum of$50,000.00(the"Earnest Money"). If the Earnest Money is retained by Seller, Seller will receive any interest earned thereon. If the Earnest Money is retained by Purchaser, Purchaser will receive the interest earned thereon. The term "Earnest Money" shall include all interest earned thereon. At Closing,the Earnest Money will be credited toward payment of the Purchase Price. 2.2. Balance of Purchase Price. On or before the Closing Date(as hereafter defined),Purchaser shall deposit into escrow with the Title Company the balance of the Purchase Price. 2.3. Just Compensation. The parties acknowledge that the Purchase Price is equal to the fair market value of the Property, as determined by an independent MAI appraisal subject to no extraordinary assumptions and based on the highest and best use of the Property(the"Appraisal"). The appraiser, in determining the market value,took into account the access issues discussed in Section 9 of this Agreement. The Appraisal was paid for by Purchaser and completed in accordance with current Uniform Standards of Professional Appraisal Practice, with the Oregon Department of Transportation's Guide to Appraising Real Property, and with generally accepted appraisal standards. Seller has received and reviewed a copy of the completed Appraisal from Purchaser. Seller acknowledges that it was given a forty-day period to object to the analysis and opinion of value included in such Appraisal. By execution of this Agreement, Seller hereby approves of the Appraisal, agrees that the Purchase Price is just compensation for the sale of the Property to Purchaser, and documents its desire to willingly proceed with the Closing of the transaction contemplated herein. Pae 1 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust S g g L 3. Closing Date. This transaction shall close no later than ninety(90)days after the Effective Date of this Agreement, or on such other date that the parties agree upon in writing(the"Closing Date"or "Closing"). Closing will occur at the office of WFG National Title Insurance Company, located at 25 NW 23` Place, Suite 1,Portland, Oregon, 97210. 4. Purchaser's Title Review. 4.1. Title Resort, Unacceptable Exceptions. Seller has provided Purchaser with a preliminary title report on the Property from the Title Company, along with legible copies of all plats and exceptions documents referenced in such report(the"Title Report"). Purchaser will have thirty(30)days following the Effective Date to review the Title Report and give Seller written notice of the exceptions listed in the Title Report that are unacceptable to Purchaser(the"Unacceptable Exceptions"). Mortgages, delinquent taxes,or other financial obligations secured by the Property are automatically deemed Unacceptable Exceptions. If Purchaser notifies Seller of any Unacceptable Exceptions, Seller will thereafter have ten (10)days to give Purchaser written notice that Seller will remove the Unacceptable Exceptions from title to the Property at or prior to Closing(at Seller's sole cost and expense) or that Seller will not remove the Unacceptable Exceptions. Seller's failure to deliver such notice shall be deemed to mean that Seller will remove the Unacceptable Exceptions. If Seller elects not to remove any of the Unacceptable Exceptions and Purchaser is not then satisfied with the condition of title,Purchaser may elect to terminate this Agreement by written notice to Seller, in which event the Earnest Money shall be returned to Purchaser by the Title Company. 4.2. Failure to Deliver Clean Title at Closing. If Seller fails to eliminate any Unacceptable Exception by the Closing Date,then Purchaser may,without limiting any of its otherwise available remedies, elect to either(a) accept title to the Property subject to such exceptions, (b)refuse to accept the Property and terminate this Agreement, in which case the Earnest Money shall be refunded to Purchaser by the Title Company, or(c)extend the Closing Date for a period of thirty(30) days to provide Seller with additional time to remove such exceptions. If Purchaser elects option(c)and at the end of the 30- day period such exceptions have not been removed, Purchaser may then elect to proceed in accordance with either option (a)or(b) described above. To the extent that an Unacceptable Exception is a monetary lien or financial obligation secured by the Property,the Title Company is hereby directed to pay off such lien or obligation to the extent that it can be satisfied by application of all or a portion of the Purchase Price delivered into escrow by Purchaser at Closing. 4.3. Permitted Exceptions. All exceptions other than the Unacceptable Exceptions shall be deemed acceptable to Purchaser(the "Permitted Exceptions");provided, however,that in no event will mortgages, delinquent taxes,or other financial obligations secured by the Property be deemed Permitted Exceptions. Should the Title Company inform Purchaser of any new title exceptions not appearing on the initial Title Report, such new exceptions shall be deemed Unacceptable Exceptions, unless specifically accepted in writing by Purchaser. 5. Purchaser's Due Diligence and Inspections. 5.1. Seller's Delivery of Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Purchaser any and all material information and documentation in Seller's possession or control pertaining to the Property(the"Due Diligence Documents"), The Due Diligence Documents include (without limitation)copies of(a)all environmental data, studies, analyses,and reports relating to the Property or any neighboring property, (b) any existing survey of the Property, (c)any existing leases, boundary agreements, road maintenance agreements, or other contracts relating to all or a portion of the Property, (d) all topographical, geotechnical, wetlands, soils, and groundwater reports, or any other professional reports relating to the Property, (e)any well logs or water right certificates or permits relating to the Property, and (f)copies of any government permits, land use approvals or conditions, or zoning restrictions affecting the Property. If Seller is aware of the existence of any material information Page 2 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust or documentation pertaining to the Property that is not in Seller's possession or control, Seller shall notify Purchaser of the existence of such information within ten (10) days after the Effective Date or two(2) business days after learning of such information. Should Seller fail to timely provide Purchaser with any Due Diligence Documents, Purchaser may, at Purchaser's sole discretion,extend the Closing Date for a period not to exceed twenty (20)days so that Purchaser may have adequate time to review such additional documentation. 5.2. PropejU and Environmental Inspections. Purchaser and its agents, including but not limited to consultants, surveyors, engineers, home inspectors, appraisers, and other professionals hired by Purchaser, shall have the right to access the Property to conduct environmental studies (including Phase I and Phase 11 Environmental Site Assessments), structural inspections, sewer and septic system sampling, asbestos and lead testing, and any other due diligence Purchaser deems necessary or desirable. Seller shall cooperate with Purchaser in making such inspections. Purchaser and its agents will have the right to enter the Property at reasonable times before Closing to perform such surveys, analyses, studies, appraisals, and other due diligence that Purchaser deems necessary or desirable. Any area disturbed by Purchaser's inspections shall be restored by Purchaser, at Purchaser's sole costs and expense,to substantially its pre-inspection condition. 6. Conditions Precedent to Closing. 6.1. Conditions Precedent to Purchaser's Obli atigons. In addition to any other conditions contained in this Agreement,the conditions set forth in this Section 6.1 are conditions precedent to Purchaser's obligation to complete the transaction provided for in this Agreement, and must be satisfied or waived in writing prior to Purchaser's obligation to acquire the Property. These conditions are intended solely for Purchaser's benefit and Purchaser has the sole right and discretion to waive, by written notice, any of the conditions. In the event any condition is not satisfied or waived on or before Closing, Purchaser will have the right to terminate this Agreement, in which event the Earnest Money shall promptly be returned to Purchaser by the Title Company. 6.1.1. Due Diligence and Inspection Results. Purchaser must be satisfied, in its sole and absolute discretion,with its review of the Due Diligence Documents,the Property, and the results of Purchaser's inspections of the Property conducted under Section 5.2 above. If Purchaser gives notice to Seller prior to the Closing Date that Purchaser is not satisfied with the Property due to the results of its due diligence and inspections under Section 5,the Closing Date will be automatically extended for a period of up to thirty(30)days so that Seller and Purchaser may address such results. If at the end of the 30-day period, Purchaser and Seller have not reached an agreement regarding the issues disclosed as a result of such due diligence and inspections,then this Agreement will automatically terminate and the Earnest Money shall be refunded to Purchaser. 6.1.2. Title. At Closing(a) Seller shall convey fee simple title to the Property to Purchaser in accordance with Section 7.1.1, and (b) Seller shall have caused the Title Company to be committed to issue to Purchaser the Title Policy described below in Section 9. 6.1.3. Cijy of Tigard Funding Contribution. Closing is conditioned upon Purchaser receiving purchase funds from the City of Tigard in the amount of$2,000,000. This condition must be satisfied or waived by Purchaser in writing no later than August 1, 2012. If Purchaser does not notify Seller that this condition has been satisfied or waived on or before August 1, 2012,then Purchaser shall be deemed to have terminated this Agreement and the Title Company shall return the Earnest Money to Purchaser. 6.1.4. Representations, Warranties, and Covenants of Seller. Seller shall have performed all of its obligations hereunder, and Seller's representations and warranties set forth in this Agreement shall be true, complete and correct as of the Effective Date and as of the Closing Date. Page 3 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust , 6.1.5. No Material Chances. At Closing, there shall have been no material adverse changes related to or connected with the Property. 6.1.6. Seller's Deliveries. Seller shall have timely delivered each item to be delivered by Seller pursuant to this Agreement, including(without limitation)the documents and materials described below in Section 7.1. 6.1.7. Removal of Personal Property and Debris. Prior to Closing, Seller shall have removed or have caused to be removed from the Property, at Seller's sole cost and expense, any and all personal property and/or trash,rubbish, debris, illegally dumped materials or illegal fill materials. 6.2. Conditions Precedent to Seller's Obligations. Closing and Seller's obligations with respect to the transactions contemplated by this Agreement are subject to Purchaser's delivery to the Title Company on or before the Closing Date of(i)the Purchase Price and (ii)the documents and materials described below in Section 7.2. 6.3. Cancellation Fees and Expenses. In the event the escrow terminates because of the failure of any condition for a reason other than the default of Seller under this Agreement, Purchaser shall pay the cancellation charges required to be paid to the Title Company. In the event this escrow terminates because of Seller's default, Seller shall pay the cancellation charges required to be paid to the Title Company. 7. Deliveries to the Title Company. 7.1. By Seller. On or before the Closing Date, Seller shall deliver the following into escrow with the Title Company: 7.1.1. Deed. A Statutory Warranty Deed (the"Deed"), duly executed and acknowledged in recordable form by Seller, conveying the Property to Purchaser flee and clear of all liens and encumbrances except the Permitted Exceptions accepted by Purchaser pursuant to Section 4 above. The Title Company's usual,preprinted exceptions (typically listed as general exceptions 1 through 5 on the Title Report)shall not be listed as exceptions on the Deed. 7.1.2. Proof of Authority. Such proof of Seller's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or Purchaser. 7.1.3. Lien Affidavits. Any lien affidavits or mechanic's lien indemnifications as may be reasonably requested by the Title Company in order to issue the Title Policy. 7.1.4. Other Documents. Such other fully executed documents and funds as are required of Seller to close the sale in accordance with this Agreement, including(without limitation)escrow uistructions. 7.2. By Purchaser. On or before the Closing Date,Purchaser shall deliver the following into escrow with the Title Company. 7.2.1. Purchase Price. The Purchase Price, in accordance with Section 2 above. 7.2.2. Proof of Authority. Such proof of Purchaser's authority to enter into this Agreement and consummate the transaction contemplated hereunder, as may be reasonably required by the Title Company and/or Seller. 7.2.3. Deed. An executed and acknowledged acceptance of the Deed. Page 4 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 7.2.4. Other Documents. Such other fully executed documents and funds as are required of Purchaser to close the sale in accordance with this Agreement, including(without limitation) escrow instructions. S. Deliveries to Purchaser at Closing. At Closing, Seller shall deliver to Purchaser exclusive. possession of the Property. 9. Title Insurance. At Closing, Seller shall cause the Title Company to issue to Purchaser a standard ALTA owner's title insurance policy in the full amount of the Purchase Price, insuring fee simple title vested in Purchaser or its nominees, subject only to the Permitted Exceptions as established under Section 4 of this Agreement(the"Title Policy"). Purchaser acknowledges that access to the Property is via an easement granted by the City of Tigard over an extension of Wall Street and subject to construction of a bridge that crosses Fanno Creek. The Purchase Price includes a deduction fi•om fair market value of the estimated cost of constructing the bridge. At Purchaser's option,Purchaser may elect to have the Title Policy issued with endorsements and/or in an ALTA extended coverage form,provided that Purchaser pays any additional associated costs associated with extended coverage. 10. Closing Costs. Seller shall pay for the Title Policy,one-half of all escrow fees,any real property transfer or excise taxes, all recording charges other than those allocated to Purchaser below,and Seller's share of prorations pursuant to Section 11 below. Purchaser shall pay the cost of recording the Deed, one- half of all escrow fees, if requested by Purchaser,the cost of any extended coverage and endorsements for the Title Policy, and Purchaser's share of prorations pursuant to Section 11 below. Purchaser and Seller each shall pay for its own legal and professional fees incurred. All other costs and expenses are to be allocated between Purchaser and Seller in accordance with the customary practice in the county where the Property is located. 11. Prorations and Taxes. Prorations. Any and all state,county, and/or city taxes for the current year,rents,or other income or operating expenses pertaining to the Property will be prorated between Seller and Purchaser as of the Closing Date. 11.2. Taxes and Assessments. All taxes, assessments, and encumbrances that will be a lien against the Property at Closing shall be satisfied by Seller at Closing. If Seller shall fail to do so, Purchaser may pay any such tax, assessment, encumbrance or other charge and deduct an amount equal to any such payment from the Purchase Price. If the Property is subject to farm or forest deferred taxes, Seller will have no obligation or responsibility for said deferred taxes, unless the Property becomes disqualified for or loses its deferred tax status as a result of Seller's actions prior to Closing in which case such taxes shall be Seller's responsibility. 12. Seller's Representations and Warranties. Seller hereby warrants and represents to Purchaser the following matters, and acknowledges that they are material inducements to Purchaser to enter into this Agreement. Seller agrees to indemnify, defend, and hold Purchaser harmless from all expense, loss, liability, damages and claims, including(without limitation) attorney's fees, arising out of the breach or falsity of any of Seller's representations,warranties, and covenants, which indemnity shall survive the Closing. These representations and warranties shall survive Closing. Seller warrants and represents to Purchaser that the following matters are true and correct, and will remain true and correct through Closing: 12.1. Authori1y, Seller has full power and authority to enter into this Agreement(and the persons signing this Agreement for Seller, if Seller is not an individual, have full power and authority to sign for Seller and to bind it to this Agreement) and to sell, transfer and convey all right,title, and interest in and Page 5 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust to the Property in accordance with this Agreement. No further consent of any partner, shareholder, creditor, investor,judicial or administrative body, governmental authority, or other party is required. 12.2. Unrestricted Access. The Property has access to a public road over an easement granted by the City of Tigard that crosses Fanno Creek. 12.3. Minimum Acreage: To Seller's knowledge,the Property is approximately 25 acres in size. 12.4. Hazardous Substances. For purposes of this Agreement,the term"Hazardous Substances"has the meaning defined in and includes those substances set forth in ORS 465.200. Seller warrants and represents as follows: (a) To Seller's knowledge,there are no Hazardous Substances in, upon, or buried on or beneath the Property and no Hazardous Substances have been emitted or released from the Property in violation of any environmental laws of the federal or state government; (b) Seller has not brought onto, stored on,buried,used on, emitted or released from,or allowed to be brought onto, stored on,buried, used on, emitted, released from, or produced or disposed of, from, or on the Property, any Hazardous Substances in violation of any environmental laws of the federal or state government; (c) To Seller's knowledge,no underground storage tanks are located on the Property, including (without limitation)any storage tanks that may have at one time contained any Hazardous Substances; (d) To Seller's knowledge,the Property is materially in compliance with applicable state and federal environmental standards and requirements affecting it; (e) Seller has not received any notices of violation or advisory action by regulatory agencies regarding environmental control matters or permit compliance with respect to the Property; (f) Seller has not transferred, and to Seller's knowledge no other person has transferred, Hazardous Substances from the Property to another location that is not in compliance with applicable environmental laws, regulations, or permit requirements; and (g) There are no proceedings, administrative actions, or judicial proceedings pending or, to Seller's knowledge, contemplated under any federal, state, or local laws regulating the discharge of hazardous or toxic materials or substances into the environment. 12.5. Encroachments. To Seller's knowledge(a)all structures and improvements, including any driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing building, structure, or improvement of any kind encroaches upon the Property from any adjacent property, and(c)there are no present or past discrepancies or disputes regarding the boundaries of the Property. 12.6. Rights and Contracts Affecting Property. Except for this Agreement, Seller has not entered into any other contracts for the sale of the Property,nor do there exist any rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee,free and clear of all liens, conditions, reservations,mortgages, leases, licenses, easements, prescriptive rights, permits,or other similar encumbrances. Seller has not sold,transferred, conveyed, or entered into any agreement regarding timber rights, mineral rights,water rights, "air rights,"or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that will bind the Property or Purchaser on or after the Closing. Page 6 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 12.7. Possession. Except as specifically set forth in this Agreement, there are no leases, licenses, or other agreements permitting,nor has Seller entered into any course of conduct that would permit, any .person or entity to occupy or use any portion of the Property. Seller shall deliver immediate and exclusive possession of the entire Property to Purchaser at Closing. 12.8. Reforestation. The Property is not subject.to any pending or delinquent reforestation requirements and Seller has complied with all applicable reforestation requirements. In accordance with Section 5, Seller shall deliver copies of any notices, agreements, or other documents related to past, present, or future reforestation of the Property. 12.9. Recitals. The statements and information set forth in the Recitals are true and correct. 12.10. No Legal Proceedings. There is no suit, action,arbitration,judgment, legal, administrative, or other proceeding,claim, lien, or inquiry pending or threatened against the Property or against Seller (nor is there any basis for any such proceeding)that could (a)affect Seller's right or title to the Property, (b) affect the value of the Property, or(c) subject an owner of the Property to liability. 12.11. Mechanic's and Other Liens. No work on the Property has been done or materials provided that would give rise to actual or impending mechanic's liens, private liens, or any other liens, against the Property. 12.12. Public Improvements or Governmental Notices. To Seller's knowledge,there are no intended public improvements which will result in the creation of any liens upon the Property, nor have any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance,rule or regulation which would affect the Property. 12.13. Breach of Agreements. The execution of this Agreement will not constitute a breach or default under any agreement to which Seller is bound or to which the Property is subject. 12.14. Bankruptcy Proceedings. No attachments,execution proceedings, assignments for the benefit of creditors, iisolvency, bankruptcy, reorganization, or other proceedings are pending or,to Seller's knowledge,threatened against Seller,nor are any such proceedings contemplated by Seller. 12.15. PATRIOT Act. Neither Seller nor,to Seller's knowledge, any person having a direct or indirect beneficial interest in Seller(nor any principal,officer, or director of the foregoing), (a)appears on the Specially Designated Nationals and Blocked Person List or similar list prepared or maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and none of the foregoing is a Senior Foreign Political Figure or Prohibited Foreign Shell Bank(as such terms are defined in the PATRIOT Act(Public Law 107-56)), (b) is a person with whom a United States citizen is prohibited from transacting business under any U.S. law, regulation or Executive Order, or(c) is engaging in or conspiring to engage in any transaction that evades or avoids,or has the purpose of evading or avoiding, or attempting to violate,any of the prohibitions set forth in any U.S. anti-money laundering law. 12.16. Changed Conditions. If Seller discovers any information or facts that would materially change the foregoing warranties and representations, Seller shall immediately give notice to Purchaser of those facts and information. If any of the foregoing warranties and representations cease to be true before Closing, Seller shall use its best efforts to remedy the problem, at its sole expense, before Closing. If the problem is not remedied before Closing, Purchaser may elect to either: (a)terminate this Agreement, in which case Purchaser will have no obligation to purchase the Property and the Earnest Money shall be refunded to Purchaser, or(b) extend the Closing Date for a period not to exceed forty-five (45) days or until such problem has been remedied, whichever occurs first. Should Purchaser extend the Closing Date and the problem is not remedied within the 45-day timeframe, Purchaser may then elect to terminate this Agreement and receive a refund of its Earnest Money; provided, however, that such election will not Page 7 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust constitute a waiver of Purchaser's rights in regard to any loss or liability suffered as a result of a representation or warranty not being true, nor will it constitute a waiver of an other remedies,provided in Y this Agreement or by law or equity. 13. Condition of the Property Through Closing. Seller shall (a)maintain the Property in substantially the same condition as it was on the Effective Date, with no tree cutting,timber harvesting, or alteration of the Property in anyway, (b)keep all existing insurance policies affecting the Property in full force and effect, (c) make all regular payments of interest and principal on any existing financing, (d)pay all real property taxes and assessments against the Property prior to delinquency, (e)comply with all government regulations, and (f)keep Purchaser timely advised of any repair or improvement required to keep the Property in substantially the same condition as it was on the Effective Date. 14. No Further Encumbrances. As long as this Agreement remains in force, Seller shall not lease, transfer, option,mortgage, pledge, or convey its interest in the Property or any portion thereof or right therein, nor shall Seller enter into any agreement granting to any person or entity any option to purchase or rights superior to Purchaser with respect to the Property or any part thereof. 15. Purchaser's Representations and Warranties. In addition to any express agreements of Purchaser contained herein,the following constitute representations and warranties of Purchaser to Seller: (a) Subject to the conditions stated herein, Purchaser has the legal power, right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein; (b) Subject to the conditions stated herein, all requisite action has been taken by Purchaser in connection with entering into this Agreement and the instruments referred to herein and the consummation of the transactions contemplated herein; and (c) Subject to the conditions stated herein,the persons executing this Agreement and the instruments referred to herein on behalf of Purchaser have the legal power,right, and actual authority to bind Purchaser to the terms and conditions of this Agreement. 16. Legal and Equitable Enforcement of This Agreement. 16.1. Default by Seller. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Seller,Purchaser shall be entitled to immediate reimbursement of all its out-of-pocket expenses incurred in connection with the transaction, including the Earnest Money, and will have the right to pursue any other remedy available to it at law or equity, including the specific performance of this Agreement. 16.2. Default by Purchaser. In the event Closing and the consummation of the transaction herein contemplated do not occur by reason of any default by Purchaser, Purchaser and Seller agree that it would be impractical and extremely difficult to estimate the damages that Seller may suffer. Therefore, Purchaser and Seller agree that a reasonable estimate of the total net detriment that Seller would suffer in the event that Purchaser defaults and fails to complete the purchase of the Property is and will be an amount equal to the Earnest Money. This amount shall be Seller's sole and exclusive remedy(whether at law or in equity), and the full,agreed, and liquidated damages for the breach of this Agreement by Purchaser. The payment of said amount as liquidated damages is not intended as a forfeiture or penalty. All other claims to damage or other remedies are hereby expressly waived by Seller. Upon a termination due to a default by Purchaser,this Agreement will terminate and except as set forth in this section,neither party will have any further rights or obligations hereunder or to one another. Page 8 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 17, Risk of Loss, Condemnation. Seller bears the risk of all loss or damage to the Property from all causes, through the Closing Date. If, before the Closing Date, all or any part of the Property is damaged, destroyed, condemned, or threatened with condemnation, Seller shall give Purchaser written notice of such event. Purchaser may terminate this Agreement by giving written notice to Seller within fifteen(15) days following receipt by Purchaser of written notice fi•om Seller of such casualty or condemnation and the Title Company shall return the Earnest Money:to Purchaser. In lieu of terminating this Agreement, Purchaser may elect to complete Closing of the transaction, in which case Seller shall be deemed to have assigned to Purchaser all Seller's rights under Seller's insurance policies, including(without limitation) all insurance proceeds. 18. Notices. All notices required or permitted to be given must be in writing to the address set forth below and will be deemed given upon(a)personal service, (b) deposit in the United States Mail, postage prepaid, or(c) deposit with a nationally recognized overnight courier service. All such notices shall.be deemed received(x) upon personal service, (y)three(3) days after deposit in the United States Mail, postage prepaid, or(z) one(1) day after deposit with a nationally recognized overnight courier service. To Seller: William R. Tagmyer c/o Richard A. Canaday Miller Nash LLP 111 S.W. Fifth Avenue, Suite 3500 Portland, Oregon 97204 Fax No. (503 )205-8520 Phone No. (503)205-2512 To Purchaser: Metro Natural Areas Program Director 600 NE Grand Avenue Portland, Oregon 97232-2736 Fax No. (503) 797-1849 Phone No. (503) 797-1948 Copy to: Office of Metro Attorney 600 NE Grand Avenue Portland,Oregon 97232-2736 Fax No. (503) 797-1792 Phone No. (503) 813-7522 The foregoing addresses may be changed by written notice, given in the same manner. Notice given in any manner other than the manners set forth above will be effective when received by the party for whom it is intended. Telephone, email, and fax numbers are for information only. 19. No Broker or Commission. Seller has engaged NAI Norris,Beggs & Simpson(`Broker")to represent Seller and Seller shall be solely responsible for all commissions and fees owed to Broker. Each party represents and warrants to the other that it has not used or engaged any other real estate broker in connection with this Agreement or the transaction contemplated by this Agreement. In the event any person or entity asserts a claim for a broker's commission or finder's fee against one of the parties to this Agreement,then Seller shall indemnify,hold harmless, and defend Purchaser from and against any such claim if based on any action, agreement,or representations made by Seller; and Purchaser shall indemnify, hold harmless, and defend Seller from and agauist any such claim if based on any action, agreement, or representations made by Purchaser. 20. Further Actions of Purchaser and Seller. Purchaser and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to Page 9 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust consummate the purchase and sale contemplated and both parties shall use their best efforts to accomplish Closing in accordance with the provisions hereof. 21. Miscellaneous. 21.1. Recording of Memorandum. On the Effective Date the parties shall execute a memorandum of this Agreement(the"Memorandum"), which Purchaser may cause to be recorded against the Property. 21.2. Partial Invalidity. If any term or provision of this Agreement or the application to any person or circumstance is,to any extent, found invalid or unenforceable,the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable,will not be affected thereby, and each such term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. 21.3. Waivers. No waiver of any breach of any covenant or provision contained herein will be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act will be deemed an extension of the time for performance of any other obligation or act. 21.4. Survival of Representations. The covenants, agreements,representations, and warranties made herein shall survive Closing and will not merge into the Deed. 21.5. Successors and Assigns. This Agreement will be binding on and will inure to the benefit of the successors and assigns of the parties to it. Purchaser may assign all or any portion of its interest in this Agreement to a park-providing entity without the consent of Seller. If an assignee assumes all the obligations of Purchaser hereunder,then Purchaser shall have no further liability with respect to this Agreement. If an assignee assumes only a portion of Purchaser's obligations hereunder,then Purchaser and the assignee shall be jointly and severally liable for performance of Purchaser's obligations. 21.6. Representation. This Agreement was prepared by Purchaser. Seller represents that Seller had an opportunity to consult with its own legal counsel prior to executing this Agreement. Seller waives any claim that any term or condition herein should be construed against the drafter of the Agreement. This Agreement shall be construed as if it had been prepared by both parties. 21.7. Entire Agreement. This Agreement(including any exhibits attached to it) is the final expression of, and contains the entire agreement between,the parties with respect to the subject matter of the Agreement and supersedes all prior understandings with respect to it. This Agreement may not be modified or terminated,nor may any obligations under it be waived,except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. 21.8. Time of Essence. Seller and Purchaser hereby acknowledge and agree that time is strictly of the essence with respect to every term, condition, obligation, and provision contained in this Agreement. Unless otherwise specified herein, in computing any period of time described in this Agreement, whenever a date for an action required to be performed falls on a Saturday, Sunday, or a state or federal holiday,then such date shall be extended to the following business day. 21.9. Recitals. The statements and information set forth in the Recitals are hereby incorporated as if fully set forth herein and shall be used for the purposes of interpreting this Agreement. 21.10. Governing Law. The parties acknowledge that this Agreement has been negotiated and entered into in the state of Oregon. The parties expressly agree that this Agreement is governed by and should be interpreted in accordance with the laws of the state of Oregon. Page 10 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust 21.11. Attorneys Fees. If any action is instituted between Seller and Purchaser in connection with this Agreement,the party prevailing in such action shall be entitled to recover fi•om the other party all of its costs of action, including, without limitation, attorneys' fees and costs as fixed by the court therein. 21.12. Counterparts;Facsimile Execution. This Agreement may be executed in counterparts, each of which,when taken together, shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Agreement. 21.13. Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT,IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, UNDER ORS 195.300, 195.301,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8,OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO.VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature specified below. Purchaser: Seller: METRO By: e'ozoo /zl Il �-�... Name: At /-ACie h h e° William R. Tagmyer,tr stee o the Fred W. Fields Revocable Living Trust Title: C r e er h D Cam / Date: O' ✓Z Date: Page 11 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard,. County of Washington and State of Oregon and running thence North 1127' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4113' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43144' East along the Southerly line of said tract of land 400.0 feet to the most Easterly. corner thereof; thence South 41135' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17"(a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52104'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14"West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Exhibit A Page 1 Purchase and Sale Agreement—Fred W.Fields Revocable Living Trust Exhibit B PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE AGREEMENT THIS PARTIAL ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE(this "Assignment"),dated effective as of July 30,2012, is made by and between Metro,an Oregon municipal corporation, and the City of Tigard,an Oregon municipal corporation("Tigard"). Metro hereby assigns to Tigard,and Tigard hereby assumes from Metro,a portion of Metro's right,title,and interest in and to that certain Purchase and Sale Agreement dated June 20,2012(the "Purchase Agreement"),by and between Metro, as buyer, and the Fred W.Fields Revocable Living Trust, as seller,for the purchase of that certain real property located in the City of Tigard,County of Washington, State of Oregon,commonly known as Tax Parcel 1200(R0456081)in Section 1 of Township 2 South,Range 1 West of the Willamette Meridian,and more particularly described in the Purchase Agreement. Metro and Tigard hereby agree that at Closing(a)Tigard shall deposit into escrow Two Million Dollars($2,000,000.00)and (b)Metro shall also deposit into escrow the remaining balance of the purchase price from regional funds from the 2006 Natural Areas Bond Measure. Metro and Tigard shall take title as tenants in common,each with an undivided interest in the Property equal to their relative portion of the purchase price paid. The parties agree that within 120 days after the Closing Date,they will negotiate in good faith toward and conclude an intergovernmental agreement that shall set forth the terms and conditions of a management plan for the parties' respective use,management and improvement of the Property. This Section shall survive the closing. The parties acknowledge that pursuant to Section 21.5 of the Purchase Agreement,Metro is authorized to enter into this Assignment without first obtaining Seller's consent. This Assignment may be executed in any number of counterparts, each of which shall be an original,but all of which together shall constitute one instrument. Capitalized terms which are used in this Assignment shall have the meanings given to them in the Purchase Agreement. IN WITNESS WHEREOF,Metro and Tigard have executed this Assignment as of the date first written above. METRO, CITY OF TIGARD, an Oregon municipal corporation an Oregon municipal corporation By: � By. �J Name; ftwUmx eboek+ Name: J�AR7Hn /_. Title: CVjL-E Qp=- - U crY Title: C�;V /191n)Ac,rrX Date: Su I�2b, ZO 17- Date: J u PRELIMINARY TITLE REPORT PROPERTY ADDRESS Washington County 2S10100 Tax Lot 1200 25.69 Acres I TREVOR CHEYNE,AVP/Division Manager/Senior Escrow Officer COMMERCIAL DIVISION of WFG National Title Insurance Co. 25 NW 23rd Place, Ste. 1, Portland, OR 97210 P: (503)219-9088 Compliments of WFG National Title Insurance Company (ZG National Title Insurance Company a WillUtmm Pinsn L C—UP C-4—Y WFG National Title Insurance Company a Williston Financial Group company 25 NW 23rd Place Suite 1 Portland, OR 97210 PRELIMINARY TITLE REPORT June 07, 2012 Order Number: 12003172 Escrow Officer: Trevor Cheyne Telephone: (503)219-9088 Fax: (503)477-6476 E-mail: TCheyne@wfgnationaltitle.com Property Address: 2S1 W01 - 01200, Tigard, OR 97223 Seller/Owner: Fred Fields Living Trust Buyer/Borrower: Metro, an Oregon municipal corporation Amount Premium ALTA 2006 Standard Owners Policy T.B.D. $TBD Government Lien Search Fee Tigard $25.00 NOTE: WFG National Title Insurance Company is prepared to issue a Stewart Title policy. This is a preliminary billing only, a consolidated statement of all charges, credits, and advances, if any in connection with this order will be provided at closing. WFG National Title Insurance Company is prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that as of May 30, 2012 at 8:00 a.m. title of the property described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. This commitment is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium paid. Legal Description: SEE EXHIBIT "A" Order No.: 12003172 Page 1 EXHIBIT "A" LEGAL DESCRIPTION Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1127' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13139'17" (a chord which bears North 68154'23" East 113.89)and a length of 114.16 feet; thence North 52104'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02152'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87140'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62104'44"West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62)and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Order No.: 12003172 Page 2 SCHEDULE B GENERAL EXCEPTIONS 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS: 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises- see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises- see document for actual location Order No.: 12003172 Page 3 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises-see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS • NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. • NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2511-01200 • NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be recorded. Order No.: 12003172 Page 4 • NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and block. • NOTE: Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within Washington County. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. If you have any questions regarding this report or your escrow closing, please contact Trevor Cheyne at (503) 219-9088, email address: TCheyne@wfgnationaltitle.com. Diane Brokke, Title Officer/Examiner dbrokke@wfgnationaltitle.com Prelim copies have been provided to: Norris, Beggs & Simpson, Denis O'Neill Fred W. Fields Revocable Living Trust Metro Order No.: 12003172 Page 5 C G National Title Insurance Company a Williston Financial Gmup company PRELIMINARY TITLE REPORT WFG National Title Insurance Company is prepared to issue, as of the date specified in the attached Preliminary Title Report (the Report), a policy or policies of title insurance as listed in the Report and describing the land and the estate or interest set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as a General or Specific Exception or not excluded from coverage pursuant to the printed Exclusions and Conditions of the policy form(s). The printed General Exceptions and Exclusions from the coverage of the policy or policies are listed in Exhibit One to the Report. In addition, the forms of the policy or policies to be issued may contain certain contract clauses, including an arbitration clause, which could affect the party's rights. Copies of the policy forms should be read. They are available from the office which issued the Report. The Report (and any amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The policy(s) of title insurance to be issued will be policy(s) of Stewart Title Company. Please read the Specific Exceptions shown in the Report and the General Exceptions and Exclusions listed in Exhibit One carefully. The list of Specific and General Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy to be issued and should be read and carefully considered. It is important to note that the Report is not an abstract of title, a written representation as to the complete condition of the title of the property in question, and may not list all liens, defects and encumbrances affecting title to the land. The Report is for the exclusive use of the parties to this transaction, and the Company does not have any liability to any third parties or any liability under the terms of the policy(s) to be issued until the full premium is paid. Until all necessary documents are recorded in the public record, the Company reserves the right to amend the Report. Countersigned File Number: 12003172 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (i) the occupancy,use or enjoyment of the land. (ii) the character,dimensions,or location of any improvement erected on the Land. (iii) The subdivision of land,or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises our of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the insured Mortgage is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy 7. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Coverage Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making an inquiry of person in possession thereof. 3. Easements,or claims of easement,not shown by the Public Records,;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and completed land survey of the subject land. 5. Any lien,or right to lien,for services,labor,material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 6-17-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorney's fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to: (v) the occupancy,use or enjoyment of the land. (vi) the character,dimensions,or location of any improvement erected on the Land. (vii) The subdivision of land,or (viii) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. The Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 2. Defects,liens,encumbrances,adverse claims,or other matters 3. (a) created,suffered,assumed,or agreed to by the Insurance Claimant; (b) not known to the Company,not recorded in the Public Records at Date of Policy,but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making an inquiry of person in possession thereof. 3. Easements,or claims of easement,not shown by the Public Records,;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and completed land survey of the subject land. 5. Any lien,or right to lien,for services,labor,material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. File Number: 12003172 C G National Title Insurance Company a Williston Financial Gmup company WFG National Title Insurance Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of WFG. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from [our affiliates] or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. If you have any questions about this Privacy Policy Notice, please contact us by writing to: WFG National Title Insurance Company 12909 S.W. 68th Parkway, Suite 350 Portland, OR 97223 File Number: 12003172 Customer Service Department N ��7p 5335 SW Meadows Road#150 National Title Insurance Company Lake Oswego,OR 97035 \y n Willismn Pinanual Grnup oprcipnny Phone: 503.624.4900 ; .. Fax: 503.746.6738 4d Email: cs@wfgnationaltitle.com Parcel # : R0456081 Ref Parcel Number : 2SIO100 01200 SW .63A 500- 1 r ,\ (CS 5,48Q} sA �° `' ' ,2a 2 "101` bmt ' 21t1Q M Kn m 1 CBv` N895130E S �'�: 26.80 998.40 u7 2 .. vim...•o� NS9 1QW ,.ate.. >` 7511.} Lu \ 13.25 AC z V \57Sjp OVERLAP BY \2o/y (CS 9,693) \ s .a. � ry `\\\ x 03 Q \ < Nt00 ` o� or, 25.69 AC ... (CS 9,592) ; V t<�% . ;REENTRY COR 588 43W Sv fW.p, GRAHAM SOUTH LINE M GRAHAM DLC 39 ..� 1389.51 N89 24W This neap is a copy ofpublic record and is provided solely for informational purposes. WFG National Title assumes no lability for variations, if any, in dimensions, area or location of the premises or the Location of Lmporvements. Washington County,Oregon 05/05/2010 10:15:44 AM 2010-033975 D-DW CM=1 Stn=12 $PFEIFER $40.00$5.00$11.00$15.00-Total=$71.00 110 After recording, return to: 111111111111111111111111111111 JI 11111111111111 01418' David M. Munro I,Richard HobernmM,Ds39 0,,0089 .ator ofAasesement and Taxation and Ex-Olgcio Coumy Clerk for Washington Thede Culpepper Moore Munro & Silliman LLP County,Oregon,do hereby certirythat the within Instrument M writing was recelred and recorded In the 4+' 111 S.W. Fifth Avenue, Suite 3675 book or records of said coinµ / n�I L� }�} Portland, Oregon 97204 ItichardHobernleht,Dlre(cto�roffAssessment end - Taxation,Ex-Onlcio Count'Clark WARRANTY DEED FRED W. FIELDS, Grantor, conveys and warrants to FRED W. FIELDS, in his capacity as Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantee,the real property situated in Washington County, Oregon,more particularly described on Exhibit A attached hereto. The true consideration for this conveyance is $0.00. Grantor covenants that Grantor is seized of an indefeasible estate in the real property described above in fee simple, that Grantor has good right to convey the property,that the property is free from encumbrances except as specifically set forth herein, and that Grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through, or under Grantor, provided that the foregoing covenants are limited to the extent of coverage available to Grantor under any applicable standard or extended policies of title insurance, it being the intention of Grantor to preserve any existing title insurance coverage. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF Until a change is requested, all tax statements shall be sent to the following address: Fred W. Fields,Trustee 1149 S.W. Davenport Street Portland, Oregon 97201 00234485.1 - I - ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. DATED this 3,,,day ofhIay�,2010. _�ccJJ" Im a 4� Fred W. Fields STATE OF ) COUNTY OF On 2010, before me, ,personally appeared Fred W. Fields pdsonally known to me (or proved to me on the basil of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument he executed the instrument. WITNESS my hand and official seal. (�L-i AA)ek--�- Not Public for My commission expires: �a OFFICIAL SEAL HELEN PARKER NOTARY PUBLIC-OREGON yl COMMISSION N0.4281348 MY COMMISSION EXPIRES JULY 5,2012 00234485.1 - 2 - EXHIBIT A i Parcel L• The North one-half of Lot 1, EDGEWOOD ACRE TRACTS, in the City of Tigard, County of Washington and State of Oregon. i Parcel II: The South one-half of Lot 1, EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon. Parcel III: A tract of land in Section 1, Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21, 1949, in Deed Book 293, Page 530,to Jane Brooks,running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned, to a point on the South line of County Road No. 245; thence Southeasterly on the South line of said County Road No. 245 to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. Parcel IV: All that certain tract of land in the William Graham Donation Land Claim No. 39 in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, conveyed to Beecher B. Robinson by deed recorded at page 193 of Volume 126, Washington County, Oregon Deed Records, and being more particularly described as follows, to-wit: Beginning at the Southwest comer of the aforesaid Robinson tract in the center of the County Road at the Northwest comer of Lot 1 of EDGEWOOD, a duly recorded subdivision of Washington County, Oregon, which beginning point is said to bear 5.60 chains West and 21.02 chains North of the Northwest corner of Section 12, Township 2 South, Range 1 West of the Willamette Meridian; thence from said point of beginning North 0°22' East in the center of the said County Road 969.4 feet to the Northwest corner of said Robinson tract; thence South 47°43' East 26.9 feet to an iron pipe; thence continuing South 47°43' East 431.1 feet to an iron pipe; thence South 99.0 feet to an Alder tree marked "C.8"; thence continuing South 16.0 feet to a point in the center of Fanno Creek, from which point an iron pipe bears North 19.9 feet; thence down stream following the center of Fanno Creek the following courses and distance: South 37001' East 110.0 feet; South 26°58' West 126.0 feet; South 6°44' West 86.8 feet; South 30°08' East 40.5 feet; South 73051' East 44.8 feet;North 53°56' East 71.7 feet; South 74°06' East 33.1 feet; South 4°44' West 72.6 feet; South 24°24' East 64.3 feet; South 51°2' East 137.0 feet; and 00234485.1 - 1 - South 11'35' West 42.7 feet to a point on the North line of said EDGEWOOD Subdivision; thence North 89°00' West along the North line of aforesaid subdivision 35.1 feet to a point in the center of Fanno Creek, from which point an iron pipe bears South 89°00'East 17.1 feet; thence running downstream in the center of Fanno Creek North 39°18' West 32.8 feet North 58°29' West 104.5 feet, South 86°48' West 41.6 feet and South 12°02' West 76.4 feet to a point on the North line of aforesaid subdivision, from which point an iron pipe bears North 89°00' West 28.0 feet;thence leaving Fanno Creek and running along the North line of said subdivision 528.0 feet to the place of beginning. SAVE AND EXCEPT THEREFROM that portion conveyed to the State of Oregon, by and through the State Highway Commission recorded August 20, 1965, in Book 656, Page 306, Records of Washington County. PARCEL V: Beginning at a stone at the Northwest corner of the W.W. Graham Donation Land Claim No. 39, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence South 43°23' West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of County Road; thence South 60°59' East in the center of said County Road; 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; thence South 29°34' West along the East line of said Hunziker tract 1652.9 feet to a point on the Northerly boundary of the Southern Pacific Railroad right of way;thence South 42°00' East along said Northerly boundary 120.0 feet to an iron pipe at the true point of beginning of the herein described tract; thence from the above described true point of beginning North 89°51-'/z East along the North line of said Hunziker tract 998.4 feet to an iron pipe at the most Easterly Northeast comer thereof; thence South 1'14' West along the East line of said Hunziker tract 1085.6 feet to an iron pipe at the Northerly boundary line of the Southern Pacific Railroad right of way; thence North 42°00' West along said Northerly boundary 1457.2 feet to the point of beginning. PARCEL VI: Beginning at a stone at the Northwest comer of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence South 43°23' West along the Northwesterly line of said Donation Land Claim 734.0 feet to a point in the center of the County Road; thence South 60°59' East in the center of said County Road 1814.8 feet to a stone at the Northeast corner of that certain tract of land conveyed to R. and Sophia Hunziker by deed as recorded on Page 271 of Volume 90 of Washington County, Oregon Deed Records; which point is the true point of beginning of the herein described roadway; thence from the above described true point of beginning South 29°34' West along the East line of said Hunziker tract 1631.8 feet to an iron pipe; which pipe is 20.0 feet from, when measured at right angles to the Northerly boundary of the Southern Pacific Railway right of way; thence South 42100' East parallel to and 20.0 feet from,when measured at right angles to said Northerly boundary a distance of 144.7 feet to an iron pipe on the North line of said Hunziker tract; thence South 89°51-'/z West along the said North line 26.8 feet to an iron pipe on the Northerly boundary of said Southern Pacific Railroad right of way; thence North 4200' West along said Northerly boundary 141.1 feet to an iron pipe; 00234495.1 -2 - thence North 29°34' East parallel and 20.0 feet from, when measured at right angles to the East line of said Hunziker tract a distance of 1646.0 feet to a point in the center of said County Road; thence South 60°59' East in the center of said road 20.0 feet to the point of beginning. PARCEL VII: Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and naming thence North 1°27'East 1020.7 feet to a square iron at the Northeast comer of EDGEWOOD; thence North 89°07' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of and conveyed to R. and Sophia Hunziker by deed as recorded in Deed Book 90, Page 271; thence North 4°13' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by deed as recorded in Deed Book 83, Page 163; thence South 43°44' East along the Southerly line of said tract of land 400.0 feet to the most Easterly comer thereof; thence South 4195' East along the Southerly boundary of the Oregon Electric Railroad right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham Donation Land Claim;thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning. PARCEL VIII: Beginning at the Northwest center of Lot 2 of EDGEWOOD, in the City of Tigard, County of Washington and State of Oregon, and running East 13.24 chains(873.8 feet) to the Northeast corner of said Lot 2; thence South with the East boundary thereof 30 feet; thence West 2.68 chains (176.9 feet); thence North 79°30' West 0.827 chains (54.6 feet) to a pipe 1/4" in diameter; thence West 9.80 chains (646.8 feet), more or less, to the West boundary of said Lot 2; thence with said West boundary, North 20 feet to the place of beginning. PARCEL IX: Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon: Beginning 20 chains North and 20 chains West of the Southeast corner of the W,W. Graham Donation Land Claim; thence West 17.11 chains to stake; thence North 30° East 26.60 chains to center of County Road; thence South 72°48' East 9.91 chains to the Southwest comer of J.A. Keller's tract of land; thence South 10 chains to a stake; thence West 5 chains to a stake; thence South 10 chains to place of beginning. EXCEPTING THEREFROM a certain tract conveyed by Rudolph Hoohuli, et ux and George J. Erdner, et ux, to Beaverton and Willsburg Railroad Company as shown by instrument recorded in Deed Book 75, Page 420, on May 14, 1907. I EXCEPT a tract of land in Section 1, Township 2 South, Range 1 West of the Willamette j Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: I 00234485.1 - 3 - Beginning at the most Easterly Southeast corner of that certain tract described in deed recorded March 21, 1949, in Deed Book 293, Page 530 to Jane Brooks; running thence West along the South line of the Brooks tract above described, a distance of 330 feet; thence Northerly parallel to the most Easterly East line of the said tract described in the Brooks deed above mentioned to a point on the South line of County Road No. 245; thence Southeasterly on the South line of said County Road No. 245; thence Southeasterly on the South line of said County Road to a point on the East line of the tract described in the Brooks deed above mentioned; thence South along the East line of said Brooks tract to the place of beginning. SUBJECT TO: 1. An easement created by instrument, including the terms and provisions thereof: Recorded April 12, 1948, in Book 284, Page 406 Favor of Tillie Zurcher Affects Parcels V &VI Tillie Zurcher conveyed an undivided one-half of her interest in said easement to her husband, Paul A. Zurcher, by instrument Recorded January 4, 1951, in Book 315, Page 386 2. An easement created by instrument, including the terms and provisions thereof: Recorded December 31, 1952, in Book 340, Page 167 Favor of Portland General Electric Company, a corporation of Oregon For Electrical transmission lines Affects Parcels V,VI & IX 3. An easement created by instrument, including the terms and provisions thereof: Recorded June 14, 1957, in Book 395, Page 58 Favor of Portland General Electric Company Affects Parcels V &VI 4. An easement created by instrument, including the terms and provisions thereof: Recorded September 12, 1960, in Book 435, Page 312 Favor of Tigard Water District, a municipal corporation, and the South Tigard Sanitary District, a municipal corporation For Sewer lines and water lines Affects Parcel VI 5. An easement created by instrument, including the terms and provisions thereof: Recorded October 9, 1961, in Book 451,Page 10 Favor of Northwest Natural Gas Company, a corporation of the State of Oregon For Pipeline Affects Parcels VI & IX 00234485.1 - 4 - i 6. An easement created by instrument, including the terms and provisions thereof: Recorded December 8, 1965, in Book 580, Page 313 Favor of City of Tigard, a municipal corporation of Oregon Affects Parcels VI, VII & VIII 7. An easement created by instrument, including the terms and provisions thereof: Recorded December 27, 1965, in Book 575, Page 43 Favor of D.H. Overmyer Warehouse Co., an Oregon corporation For Railroad spur track Affects Parcels VI & IX I , I The above easement was assigned by instrument Dated June 14, 1966 Recorded July 5, 1966, in Book 606, Page 590 To Southern Pacific Company, a Delaware corporation 8. An easement created by instrument, including the terms and provisions thereof: Recorded January 4, 1966, in Book 583, Page 258 Favor of Northwest Natural Gas Company, an Oregon corporation For Gas pipeline Affects Parcels V & IX 9. An easement created by instrument, including the terms and provisions thereof: Recorded March 16, 1966, in Book 592, Page 13 Favor of Southern Pacific Company, a Delaware corporation For Railroad track Affects Parcel V 10. An easement created by instrument, including the terms and provisions thereof: Recorded June 10, 1971, in Book 821, Page 413 Favor of Tigard Water District,a municipal corporation of Washington County, Oregon For Underground pipeline and/or mains for water Affects Parcel VI 11. An easement created by instrument, including the terms and provisions thereof: Recorded September 16, 1971, in Book 835, Page 507 Favor of Portland General Electric Company, an Oregon corporation For Anchor easement Affects Parcels VI, VII, & VIII 12. An easement created by instrument, including the terms and provisions thereof: Recorded December 15, 1971, in Book 847, Page 55 Favor of Tigard Water District, a municipal corporation of Washington County, Oregon For Underground pipeline and/or mains for the purpose of conveying water Affects Parcel IV 00234485.1 - 5 - v1 13. An easement created by instrument, including the terms and provisions thereof Recorded July 20, 1972, in Book 878, Page 295 Favor of Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For Sewer Affects Parcell 14. An easement created by instrument, including the terms and provisions thereof: Recorded July 20, 1972, in Book 878, Page 298 Favor of Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For Sewer Affects Parcel II 15. An easement created by instrument, including the terms and provisions thereof Recorded April 18, 1973, in Book 920, Page 38 Favor of Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon For Sewer Affects Parcels VII & VIII i 16. An easement created by instrument, including the terms and provisions thereof: Recorded September 15, 1975, in Book 1043, Page 992 Favor of City of Tigard, a municipality of the State of Oregon For Street dedication and slope easement Affects Parcels VI & IX 17. An easement created by instrument, including the terms and provisions thereof: Recorded September 15, 1975, in Book 1043, Page 994 Favor of City of Tigard, a municipality of the State of Oregon For Street dedication and slope easement Affects Parcels VI & IX 18. An easement created by instrument, including the terms and provisions thereof: Recorded November 18, 1975, in Book 1054, Page 608 Favor of City of Tigard, a municipality of the State of Oregon For Street dedication and slope easement Affects Parcel III 19. Any adverse claim based upon the assertion that some portion of said land have been removed from or brought within the boundaries thereof by an avulsive movement of Fanno Creek or has been formed by the process of accretion or reliction. (Affects Parcel IV) 00234485.1 - 6 - fA'GH ASL xgY HY'PYIn FR. 11]hR Gavia A."Z, Patton<.6fe wxPe`F. 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C v ec R�DP?Ipmtl°m< fipjj ➢yRJp'GAS C¢GS FSCAxE. Pve,ry Pwiiv.>e env SY ave of Gre3vv ' InR.F.Eynt ( I. novLaov wee� � k Ame°qM ( i as>w Yany T. Et �',J.' Nn'n".agceutLY m'-lr be1i3 Cunt avl.swam aepwa�eM ae 9nry S.SYt 1 G aFcveneai in thk aealveticv c rrea I at G 1� xis c rni�.'I'Ya .Lfe 2na day> C.19G3.D lvhv Sa`m •age Y tivmeM' wq - ane•.iv>^ epP e-y u'ne'nuDtl A n[�v m abel e.le aSeS v�ti pcte< Dm Saiuhanrt a<maafatnil c a try .-l. In lnl� �ShmmYe➢h° euneaOmitvneameiEIDeiihb ai,v11.1uvy19 nIt. n.a.xarrv5l na.. tF qpm nm e¢ieiaz�a°�vteas0 ayt`°aa vav fn t_ I she enure u-t,free uw vatwr en➢ m ne- cow Y dein utv g a�weeFempcvY E�kl Sets aocuY Pcbe1®Fc �/■�y�����va•`¢�_� a1�t�, wFY E13GEWO®Y BM ppGnva v.W nppmvee Tlva n,dV vY ', � ty.e�����D•¢�.g.C�©.�� ..«�aamn gaaztYAaage 4. P� 9. R.o G9^ C"v.^A, I l jj s� vvsl n°cowµti,icn otn 9`9 Y»v`v I - M alma Reemaer ce eme.gever � e ( q t J SHEET I Gf e BONITA INDUSTRIAL PARK ° A SUBDIVISION IN THE HICKLIN D.L.C, NO. 43, IN THE NORTH 1/2, SECTION 12, a o TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, �I IS _ RIAASHINGTONCOUNTY, OREGON SCALE 1" = 100' OCT. 13, 1992 AmENOEo LFlmnv!T 'IF ooCUMENT NO 511EIn LEGEND Y o N. -'OFFER NOT ITT 0.SET 5/e' x M' wan eco MM III.FOIS,N O % ®s- ',1 RTss spL ew aNa TAc CAP s3mIEo J.PEsasor+els.( CURVE DATA snaoEo' s.,ass" .r-S/e' V war Roo mor PETSISLX I';TO aF aRK oftiA Far eflCfle r xCxo axc m 117.11,N IN,1110.IN 111111 FIRREIUR MA RON wc" 00EFFI11: O e' ~ j= EE]/a' x>c'S Raln P'EuSET s' "All'III ] 5 JO'ce' z 9Y 5 s sa Q FEEL IA5III 6' e0% a qg aC o FWx05Xl Nwov AS NOTION s > 936' 3 5.0 i 9'S / w OR SL fi OB O_ A a. PpE AxE -wOnPE2xs pT( c.. R.W 1, �I�I- 1.VE 111 B A "Ell R 0' G \ 00 \ tL 0 YS]K C 5JC 3E 515 5] E zJ1]5_ \ \IIpSM'1NE 0E v.{ L_C NO_IIF I_ y \ T� Q Y P6\ 4 i BYO 9 5 . t \\ .n a " 5 \ Oa. s }0Sf' OS J OY.fi 45 99P2 N'7� n \>-so UO �ap s Z z 'x 11 I 20 7 s 6 2 a IL IM B 3n AN V n acBJe s(. A ,d ES: IINA 1' cf�`�"'IF I:. q:I o 11 o,n n sa aa'E i GO 00 LF OET 28' 5 s,A 3L 0'W \ ,Nova¢-( o F, as W :P To LTA Cxcx .,I",ANSTO �, \\ 11 NO s w9 8 ) \fA S SIR A 11 0111 98 J. 1]0 I"09 JS'w \` \ fE00a jQ\\ PG 9 aSje BI a10C EI9)595 N4 },S a 1 z.e+ os I'ml S, g w v Lata GvvNc1O o n+ 6 ,w l z unI'IF: bA \ E H t\ \ Q vTp?�pW, \ "'� \ P9 VA I ON LEI I e¢roo s.� �S'v x `q,v�Ovo IITAL'F' ToviF 1FoN Rid v E TM^m'B' IF R OR � v qv ni � 1 I a"^.E T 0. a w IF a �S}\\ \ a+R 9i+\ O'SCR I EA SEM[NI PINI 5 n b PoR TER 45WENt lUV°,\ 19g \\\ LOT 5 \ N o ]'OS'-x m ASS S_ \ F" CLIFF i 0' P %' N eUC l SE,IF I. S.M. V\ \ YEW 2y re�" `li\� pB \ \ "+ n SW BONITA ROAD 05'E \ \\ � a m e En IN,,¢\3 \\ \ m� usv sF Wt \ �°'a9sv zsA°o Taos n v�4\\ .(ate c a"A \ Wv N �1�AATANax Ea'E i NOTE 'EL m\ FIE FAST NQ OF THE I A FOOT SEK.'A'NINT WAS ESu6uSHFo \"O\ All `\ Lar z \ LEAVE r n s 7mA(Au6 S y `A� \ y I TR c EY Or E REAL OP W -E xe EE (qiM Lr aW ME STERY o AtiV 8 A. >' EONT OJSIR oNTx IFINII r E w. �:hvsv `'�, A �n EARN,ONE _ FM[f' EL V A lA A S All P.LS. M MI, LE EO IH ENI,INE ONi Cv3k CO\ \ 1 1y�AA1E ITO", 1 FTIRI ilE FMl E 0(ME TRAIN SII 2 CTS TAE WEs .E Jpe �y�y IF THE SE ST L OCT 8 P ARE E 1 \� �\ �ic)q 0W pnPaE A U NMF SC( U.ES _R OO \O1� OP m N\ yA \ e I OF 6001(III PACE 3^5..III EASE IN' SEEN O 1-1 109 .IES TOM Al,, / Mf uuFIES AS FEAR SO PTT THE u.wnnis.N e^u NFL. (I ,.2zoo+S iX\V�nG \SLA pSg\ IN nE .ENT`NIOE...FOrv) ZEN SS Atit A'Al0 .' T \ �\ ry L EVIISIAILY LL EXCEPT INR M USE CORSE ZEN OflE PE0.SIRVEY F S'^ \ Y 9yA EE55 OU(aeo FEET FARE OR CR LESS) e50ae o g \ 'P o LOT 1OR 2\ ,ea IF I -\MV ) 30 WWW )w \ BOHS E.IIAS RAR T11 AVAII VE P 1ERORi 'Tft a 0Ew"EancE rE I FIT 1 171 $� - E"�\\ F 5 8 8 ll.Jz xz s„QOe eq1 I 9k E \( 1 c.III I,sccTaN le 8 IN �. )1 Yy 1 rzlsz ( 1/1-11.. 11 1.'1.'118 A IF .I," I IF0' d'S ] w -gOy/NpONllp RG'— 3µ— BRAIA NIA NOUON.SG% o5fi' S Ce 3O _ IT 9 n C U TT FO_AD .18) Y --_OV OO$gB35VeVEY VL3 1985 EN FO 8CI'll.T CI00 ,ON A Il 1 SCOT n 3 h r n clsTCReD--1 DEVELOPMENT & PROFESSIONAL /(L� LAND slRVLroe CONSTRUCTION �° "M' a aoMiR SERVICES t( OHEGGN LIENTIwCREGON'I'r33xT (III)FT-4959 JOHN M. AMERSON p" 856 dOR 0 8911015 }} �11y(� a€ ' �IE�t rlN,fe ji Ir. 3t 1F i'i /.si LlL 'il"_ !I�)} i F Us Davie , I asi ' �its �n�,g preaenoe and-Sa-tRe-preeanas=of-sanh-athar I .,�'^ 1 17 l a�i� (.1 ors�r Lie-and-Sntarest-in rnd-to-}}.o--Pall ,..• I J 1 IISr i ,c I fa iI SRht-t1 vdia44Y1?eSbad)par^o� ( _ ,•,dO Condit,� ' if I !_ i r ,.'.(I :� - I Ii,kl S., ­d, eaorr to befara mo,thin 23.•d day of,➢eaembar�A.➢ 1911 A jl II Et j� ee ata a14,nta)in^the county•:bf g hiagWn nd atata oY taYreR a,W-lit H p}rning t z �• IT }'3;35 Counstone 1n the.noerof ih'dner rN ZD:COUNTC GIIIRR OAiBQ;�TA'8t(JF p7EG07f YOd'Bff COUNTY OA RARION ;RI IF I11�i s, .. . i,_n dta matter or the&Mute of Henry`.fbakean,Deceased. - !i'e , � -.� l i I, , I D.L C in Seos�;:7,T 2 e Rs1 i4 aP W H RumLing ihBnos A3eisr al �;irs2d Cana �Roed to - - g y �STA'rs OF.OIM.On I , t.� :'•!�j s a• i, I,. , ,. �u �- I 111111 - { {I ! .I. ,6 _-.ILIi 1 ( !�J •�w res :• a; a { 7ii Connor ui'Nirian ,1799 '€:.. WSLL t '.l!Ii _Il'.._ { i! € Jits-ininraeatitlnvri tri Ota Dnrhama Milllrhnd Ames'rfiepeiRoad ffieaaa.,6ou?lmrlp ¢long i 1, 'S eertify that:(7ia wlmtir,waeSraceived mid duly recorded by we in.NFi'!ot) County,ff,ecnrda _.Ij l!{ C! 7I �0 1 ,l BookbP Wills=Val-4�•s•ro 1aG mi the 2 fd, :;I -1 acid rond,;to me 11.W.Corner of a traet�aalta b a.1 v:thahcedRaste ,ei tlae.Ro<t" 'i i .,aP 3 fl of;December 1411. ;, II ! ;117 ,! ,r _ , d Y Ifari R.D.:Allen County Clark I1�3T I'J ;a i ll:J.li ti. 1,.:. I�'a ,) I.'. 1 6 r, Dy Idabel Gromaele�Deputy {1f l 1 -3•, !' `line of Sd Y.i ng 4sot to.tie N E I Corner thartoP`trienm aoutheWl tris S E.coraexr o[ F 9Rd'IIi.OF OREGON ,. IIII is I 7t -li�J treat thence F st to the N.F carrier of Ridtea'd Reuhaias land,7",.enraai8outh•to the 81f.�11 CounIp of Melon.... .LS s= •,... Ho 778'�li;'I i 's^ ! 1 III' i i., ` I 7.J I,ItD.A11en;County•(Rork Par the County of Horion State of Oregon end clerk:of ! I,ji it II .. .I:{! } Ti Corner of W.W:0-shams eI6m,?hence East 2s0 W che.:txre or'lssa> WSmsIerp Land,theace 6j .1. the County Court for 1sale Coun♦t'_and Hunte,do'hereby aartiYy that thep agoing ITrone-T -iII , `i ( I •..I 41 I:., �. -'J� qg� North 21 00 crit thenaa Wsat 1 11 a to the S.W.corner of eai41 mr h tWchulin,traa v ' it! 7! till i N itisji7 p l tats ! aript of W(11 end Proef of Will V4tate of 118mi_I19o1®mt has been by me ppmpered with thea �:nl; II :a s ( r;r ^^. . �isl€ v:..'� �I,t - Al ;; :{ :':;' Ilii13 , ;, J :c. t}ienae Nf.orth'3Ep deg P. 26,CA,dte the+plats of begitm ing aoatinintag SlB aeiets mora i ICE' oritxnal and that it is'a rue�omd Correct Copy-6P said arij¢ml WS11 ollid-�oof Of Will s l(�I I d�,' tt ! !;I i': - •; Jfj{{ or,less ExoeptSgq Prom said 4aot thst•eartain I;.5 saves heredeto toPorel d Burd i •, i Estate of Henry 11803pu n and of lithe-.idtole thereof, as the acme apyeara.0F`lreoord Sn .I 1; qG1; y°deed for wnichis ireearded on page 20 book 43 rBoord'of,Dain for Washfa tom c office and auatody.IIWJ:'CiFSS mr hzad.and seal,of-latd court,,thia,27 any. �7maemher Bell,' .'* ft t , ,;. 3 -,r l�i l Coen$',lOce�a,also axcepttng trio uouthern PaclYii RailFS?ad r3¢t v nd the Oregon= R:.ah Ai en f{ Clerk f III es ,��:. -: Rubel Or gwalfslil91 7 lleptity J �i a I, tgi 7t ! 4P I mtd+;eaid Laod.Sq_]EN3 AND 14 iF7LD I�SAME,-to trier o ,led for record Jan 1 -s%I. t : Aeo410 Ra11wi Ri t oPIW thr 11 ,: ge 29th,1912,at A 30 0 olodc A if i x.11 C I ./ tttI I 1F..L,Perline,INaoi•der of C oslyeyencee,17y,O:W IlumpMey'13epu� ' ( i -ai.�I�1 I) .„ i with all an I aSngtilar the hared tameaw and a Ip�temnaea t�ratmto'.,b�ilapgtmg 111 t y1 ;- -,'_ , .,5 _I A h • ;t Et:A HYDE R1S SIX 7D II.T CO% r �pi(I ra ;� -,_i��I7 S wine appertniiiii7g to the slaldII N paold and H hie'Aafrs affi nasi { ferny i WLfi -{ t, 11 %IIouim NFH By-,MFZE PBFSFJ€TSi;Trot E aA:ifyde,amd Rll¢'-T Hyde hia;wife of lewhil Ill) ' !1 7 "1:{l - 1's: i `� i':' t E'- P I 9inb N, , - i; W'i]P10;OP.pshave hereunto ee�eta Ixnds sad eoels.this 30th dqgfoP Jeausry``A B 1g7� age.in eoneideratton„oe One(,l 001 ir.{} ) I{ui 1 t ni I Dollar,to paid DY}dark P Cox,t tlo hereby remise i I; a at lu 0,016W i��'forenoon gr aai�i dqy :I�F. C , "LJIHI I ,. i 'II aa. J( L jI 1 -.�raleaee and forever Quitclaim wito'iffie;eaid Hark T Cox,altd:nnW his heice cad assigns,ell „Ia ` 8f�e d'39e1ed-end DalSvered” la'o n`'' l0 4, I t 1 ifr dn:.lTesotme of Rudolph tiumalker jr 'jl I ',.? a s I-i,i i',u ,;'t, -'' -f So G.; Sker -:a c rigtiLei Lute end`7atereet is d to all tn®t•parcel.of reel estate Ituate,in Coih,ly (i -f �, s 0 1�� , t z• a 4 I-- � 71i` i.i= J-j iii' i f.Wi.P Dyke Ih' .:.! , �! - , jh,.-. g` 1 likehiraton state of ore on tb4it: The NIF Qvrirter or tLe 77 P I"1 di illi h II I H,B Bump a u fl (tC 8 s Quarte,ten the N •I1slf 17! ,state of Ore ani- I ,. -.a u y i`i Illi g,,,. :!_.. u a Count of ftaehhirgton Be. ' ._ -� o.`1�e, ,'' I ' oP Cted9.F..Quarterzof;the N E Quarter oP`Section Six I(6)dn.TovmshSp-0,4`1jj()18oum+Ran is I i if¢S lAB'ffFIPS 9�trP on Utls I p��,gamiary o•A D i'S3?.beYu -9a fh tod�ri ed a "4• v {,: ,I1�3 U'I I,:' I #,'JI.! 94,. . I fM n ar c'J'� r �j`a 4 '- Roar,( )W at,of the c'onta_nSnb fifty-nine 93)air s,or lendi core trii a{6otar Public in aM far:the sold,Coun and Stat; €o!r .�i` 1 t a ^II :)gp! r - I a u y tY- pm'eaayappearad tha`irlih7a x, e8 a a or leas:7nda deed is' Ivan Lo releisse tax claim nY yaar,1875. 111 IIAYF D TD}TOLD the same I,�1 , II i s4 '"•a •i,:' (�1'qqpp ig I I' �ft! Redalph lltunzilcer:,nttd Sophia G;gunsikar 3Town to>m to,6e,Gla I�'tId% parsa.ta deacriir'.id)S a _ _r i€; 91 Iii ills j j d m r _i s: t1 NrA �'a ' wim all me privileges,ana appur as thereunto balonagpg-to the eat'�xark m cos,!ana I I,Ii ( and.who execute ,iha Morin Instrument,,pnd'acknoxledgedtt oSae t>:they executor]tl(,a sore �i< II i II r !� to hie heirs eed asalgne forever. 1 ffi91ESII stwoP ere have horaunta iattjo,al hai,da and seat tI J { II -�I' S 1 r •1I �,�, I d s: I nr�vrzamss wt>FrtenP!x mw•tiai•cnw,at i,q:naaa am xv+.�•sa3 xaz z�aq m p l.at qV g r 1(i : dl 1� -'T this 26th dgv of Jmuary A D 1912._ F;A 1 de I tv 1 above ui'ltten.} t - tl 7 - P ' S RIVa T Hyde �. �. P " 9igied sealed and deLivarad Sa the.pS.'aeerae of • i t { { i; ,` :0 N B Hwy;j � , vn,ee wdtaeasae ! -:� i ) I� basi� �',, N7tary .,to ,Por ttt.,egoo x t 1,aQ1e€ I,etigley ` I ilE7I i, pad for r3aard J iamrY nth lA2 at Pertina Reaordar of Annva ancee 6 ,-:-he G Lenglep i IliBY J W tRumeareY Faty X .Jl II t€ T _;. • SRAZ' OP aRf7i011,>i si � I t..l )� ' ,' I c �-!v County or.met,imati = I 1 ,I1J}l ;tet ' 9136 !I ai, , i,it.PODLE' 'lb A fWNy.CICF7i°xT Q1C ' u'" 'b �� •:TJIS f ATI1QU,That Cu thiS 26Ct day,cf January,A.D 1772 before ae,I � { {� i iI' �: ; -7+ If h°`.o q'� "�•.. '.+ i'jl ,. ♦'" ;I ';III III II..4H ),ii. i ,Ilii %HOf(ALL ldB®.BY ASS EI'PESRITSi RisLIi S N Po1e, baaaldeisStlon ofF r ;;trio undarslgnad,a tJotis'y,Pobliear®nd fvr`.asia"Coon cnd state araonat' a Bred aria tri T t o �y n. r....:.-! S] s P -YI RUQ i r,Ifi •. n.... --1 `` Ih,`•`. II ad R.A ilydiI,,thiid.F11a T.Hyde,who are known to no to 1n)the i` letiti!etaSnd191dual i,C'.!I,i Aive ..Dollars to m[neid by Rodclph Ihu�ziker ariiF Qophla G Hunsiker,hlBl aiYetrdoq i,(, 4 daearlbed Sn and who yaxoattsd the wifh.n lnetat®ent,nnd'aC)mogisddad ta'':la4a thst lfitByIilll,i• hereby ramlae,relenae eat forever QOITzarm unto tha said Rudolph Huasiker,�and lSnldiSe ti. ,I ( } i e� _ ++I! I Hunzlker husband amt w3Ye avid.. . their¢hBira and a881 s all .r�i t14e,httd int- s e tae tihB Cama 1ftu--:asmniDHY WlfFPAF,II here hBreunto,at ry hana 82a,Noteriai seat t 'I e ii: }t. a .;! �`;�} �{ .", } 1 I�. _ t rest in moi to t(he Yalowingyde oriMa reran) Bf se2;5afae slum in the ammty(#.wn , .3} :'ata dpi md:tem'iait wat.arltten.� tae b Gang). Ia is II.I i on d to t Are BI�itio Wit RB Yuai Bt B e n in W78 Cotili� k �} e� s r J o I `:.r,, ��:a t `!vd Pntiie_Y�e'r �on'I` :>i" a ,'��; ' y"•�:1 B I;" t;'I;:' g EDg (/,! Aid rel record January 30R1Q1912;at 7 �IBid alnok A 1(_ ,,II) li II !;I; tri Caener o@ dra•'sk linohuliH free ff27aa'WpGreheffi D,L A:�!geo.;,1 T�2 ;! �!1 rPJ _:F.L.Perkins,bomber;of CmivoY Sae �'.0 A�7G�eY lkpu$' ( � {: t� ': i+�i 3 BR1•I P�'Y °� a 4 g. JflJthenoe aseteriy aLdl d WIIIit�.R sd 14. Ste.SRter t10 11}Wf 1�"�s! 1 fi i+. II Ill f �{ :ll y lit e ' u u7]i��t,Im Iai1111 f ,18 Rwlolph}awaika,.et ux rim i,�..;" B N-140 le I, s r€ t� a_.•G. ! is t and'Aman CnaR od�`ep6saitlier IB'`.,asi71 cad sn the IP?W4" t iF..vad } _1- A. :�'Il lli t I ,,_ +fl - Pa ., 7 r1lyt alon or traoL'awoe •. i,. ac,d xx^:i'trrtu�,We,:nLinL 11,24 sainY rBaff}la�3S'o:-I ar Yive,•;,.(..:...:aoiwj�>,rj,'msnvbf ii>�r �tao ac(-a.p3.si�i:IY;'eoyta >•N .P".l•,i!l�iefi�i edo�aotr,iay by..y:Ir°ro,t SJ t(iI.;I I..V,J{I(� .:by .tti4m:k;aroSfn:-xti�ham of sid 4ca sgvi-3%iiiie1,:lf.eyiixaetnWoaa�to�aiFat,Ia,s1dla�"itttis,.,.m.ar__•1flyBA.a'vl000nigne}.sIh:�.e,•t<�no�rs ths kF new3-•ofsL saik d Ring.�, n�o,.<rt t°q.;.-t1ith:,..e.':.-RdcAbES£��p:zcaNac � aeeF�st t;tea t1 E..¢grnee of Wioltec xavuLe id;a slrenaa:'.tion to ie`�':: E -ny i a :r` ''sic•::.a dui it P xi *i ski.".y. jI.6 I.k}}t �rtk', y! I, 1 •1 Ilk 1r.. E t�.. .ti r�'xt d`_., iyh yax'Il j i ( g yr.a i i4�,f G "' I!:r sisal ralo¢oe sad. or ,,r4 4u1p1JF1mSQ 4dtd� rN6> a BntA::1BiheirBu1:°1 '4-ff 9, ourxeP of Sr B1p7{ %-:�[ ii � y ��. 7 ; ��.,.� F ��NA9�1GBS is Wt�lar► _ 'r �- -�'•, ;r x fins (( •�! ;.-;�7; � z.; �ua#I._.�3Jr. .��� ,€� :�= rrti �� ;�':+ !�•' f,i�- t,a a• sii'ai §4 ;1 €,ib y �� t i ZP!'=a rid(, inogaeJR�t �E� A anal,men Bet l( L B fozffieSR 9ot�s�ld a w� u. .� �n�. 1 r,_.• x rig'i1�clmlte lol l a. • I ,,� 3 t f T + ao fisnit I as -v fru�u oeg r Z6'GC-a lio- a p ac .fides ,aantBTnin�'113'6or-en I-�� ��_ I il-- i I y�II`�`�t lid f {Stt$Gf, I r.:. , ie more orr,leas ExaepUSug from salditraoL tD`st aeetain;:.1:75 am;ea herotore deeded to B,nford I�€ Executed in praairaa of '. tt 11+ + I 1 + 11 1 {I • }til LLLt1e E oaken nil" 8ai1"fined lfir,»hieD 3a rewrdsd on page 205,bock 93,reoiord of deede�for'Naehington'.Connty I, �s.Ac`Klinx j aGa' tom?Broken " i and the oieHon Elootri9 Raii riP.11,t l j ...li` L t-- !; .�,. t' a R '. 9 0„ • oregm..1so a:eepting l?he Souffiern Pacific Railroad,riigit o'xay t au�Jii."en�a�a�id 1 , to or ort on,Lb+m oi'+'panllln�' Dy p 'I _ Iii gton Ss x It M, � Ith N YE AHD To HOLD the'same togehter:win all-Weal elnluler Lha hereditamlili to and eppurtananoe� j�13}, i TH{c:.:C p. ( 14 � .P:` �+a 'f:::" 'a + •x ER1T.fiS ihet cn tlia h. h � - IV;elfth tlay of April,A D 1059 befall toe i tdeteuato 3elongtng:or 1n eftywxiae,.nppertainSng Lo the said Rudolph 11 .1 ter and Sophia G Ihtnslk i jj ,the utGe ni geed,e:lYoto Public in nadctor tefd cam t - !{i rte ��otull • eared tht - .. �:eM stets,pa,} y pp ddlp' husasnd and Mfe and to their•heSre and assigns farever.l�I1N WI'II1E36 P.OP,m}have here' ,I'If i'/ Mthin nmaed W.0�'Nooken and iia Aroken�Ein wife,to,mtr knotm Lo.Da the idertSis'4 it m it ( r �. : I unta se--coo,Danda mid-seals ihSe 30th d¢y of Jnnuary A D`7.912 at 1 o'alook fn aTte!rrtao,t aY anfd deaxrlbea in andlwh need f.h itt fa,fastmvmt e"Saalmokled t to mattat tim aoutsd Lm I! eloY• s:71.poole ll: ° i d1t� I( E c '., II +i 81 ed,sealed and Relivered in Preeanae a �� 811 €i illiI 1 +dna trbaly afdEvoluntarily tis'the uses and purposes tharaln azntioned. IN TESTItDNYI{' 11 tM B Dyke 'YIRERFDP,I have toreunto set my.hand end offiais2 seal.:the day end yeas last)sbove witdkn f '' 1 _ CounLv of Aaa*Sngton.....83. 1') lit ` .I I r ar�L (` I' Pusateri Nuelda;pr Oregm @p CFRTt1R8Si TML on thid'30ffi day of Oatumy A D.1912 before,ma the utidereitpt�d I?i I, Piled maad1Jm 3DtD 3912 et 3.30 o'clock,P:Y. 0 gd y n ( $ a No ,I: .: '7 -I IiI I)� '. , ( q jll , , E.Lf.PerkSD7,Reecrder of CDnveyeAeep ..- >t 6:5• a �' - 7i 1 ( tart'WDiid in and'fcr said.ComQe end 3tnt9, 'peraorelly-eppeanad the.withffi named S.N Poole r t.. i}.IiI 1 + 1 �•u.�atrieu known mme to be the ideiitinei person deeerlbsd inl if and mho emeautatd the mithinin- .I ll�l 592 IMEACfidiffS SAVinOS A mm:co- TO xntiTEH A RICKS.ET,1{X atrmaent,and eakraMedged to me that•ha exeouted the anme IN W39NBSS [EApAF,I have hereuntorP, +47 xggr AMUNI,BY 1 8E'�IiFSfiNfS,TMt Merahmte Sevflga A Tenet C�ef¢t♦ oorpoeatA(I of the I ;aeL�hand and Notarial aeal the day"' eat laet'sDove wriRaft 'II"1 ! !!f J.I r 1..: +,7�, : II Stats of Orogon`mith Ste/prinalpnl affiee it ha City of Portletd,SndlondderaLSSn l6t j ill iR.H 1 YI�I ( F 1., ,!/l 1.: :L n z b 1 �- eePObliolltor c, Dollars($30 oo)+y4 win hand paid by Wnitar A Hiaka nid Qh C.:B_Soks�taa mt fay of Por4-� tr Piled for reaord Jafhiary 90th,.1912,at i-o5il.P:)I, 1'l i �� f " All ie - ' Reaordet eY"Conveyances,,I1:! ,, �!!; I ref I+ i!I leM,"Dragon,doh i hereby great,hergain,sell and conveyuunta said Oa& A RiOka ead f4 c DP O.W.Htmphrey,Deputy. F•Ii �, - t,,,; !. -'I- "I�.: II :)�I!1 .. Ruth. Rlaks ttclr ha ire end aetigna,all�tk falloMnBtimndan enldsaoribtd seal��p`}ropbrfg ti ff ,5918 W.0.IIOC4N;ET AL '-TO REIRODIST EPISCDPAT'CtURDIi III 777 i { illQ., i. .sell ( oSlt e&U in the C[onty of Washington and State o[Oregon,.,to Mt, 1'he,_Wirth ane-DOIf of Late i-• i 1 hei', I t I ON ALL MF9 BY THESE,FR That W,0 Haokein,fiend ml m H�1im,hL-,`,Mfff�)at 8ba r�pton 1 j -�I� 'I (one;(3) ALDRICII_{CREAGE,es par•the duly'recorded plat LheIrfpf nod}m file Sn said�Comty t I�I 1 tjr.% (lid 1 Aaehingtan Co. Oregon Sti thn notmldaratim oh Lha mm of one,(Ql)Doll are W them paid by the jI �, emd`Sttta oontd(hisg 9,745+acre., more ar:le n, together Mth a1 7 dngol r;tlia,ptmet Etett;adiet EpSeoopsl.Ctnaoh of Eo-avarton have par..Snad d- , , '.��I( 'JI it •:II_,. 'b �..:' : - ,.I C _. �. an so,ld,mid by tiled.laasmt.Ho I E'l pinav'heroditem:mta em appurtticmoea theewlR0 belo6-n0R or 7n aaywfsls aPp►xtaintng d ii j'he etY grant;bargain,sell as' aoerve t aidmerthodi t tlI )(sell( 'I h'1.1' , �nlsn atl it.Qtstiita riga ':'titl s[d inteieet fn Ism tms:aTO&1rErA1®.SOkEOLD Y. 'pia ap 1 Oh h d t a,it!sit { 'and axoigna.for6var,the axial of ratl-aa a a i�tllt'c;. II.J, '}a P E tl aituata, lying;Ial)LaSng ilk jif esvurtdn,Waehin II '� i -I d any iTanted premises mto the add-.Welter A 4 a s sal AnthlO R4eke, i the abave de.ariha �j.i 1- - x. to Cnvnty,asst t orsgsn,G.bourtdnd and pnrtfaolarlyr ibacrl bud ea fp110'! t0 wl�' a I �'fl'i l heirs d 1gs'i tar r• .And m rt!sat.sevingi a Treat Compamy` dgnatox tave'naaed 1 ;. jll'.i ..11• l% tT 9?7�-; ' _ao Additionoto Be veTtor,in Black Elevm-(11)Sou W.Omner'af said b100k neA ebb '{,7,1 {novena t La ena'tmw,Walter iA.Hiak and ffitit C }u „abs above ®adage Les t43 ffiS -'i longing to said�ahurap above marl aced,nil D.J100�fL sadil.: �::.,jii '• i 5 - r,i end...like,the:it will end its eumeemim mall m'rrmE and defend ails above Brasted yI rs 100 ft om Eht(`North iia of 5O '1 i"by 100(making 75 by 100 tt) In trust tl�tbti�uas of endl Denetit of CIia MSM stet'eiil. 'II..EiI' Prtaieee 11 ani evury�par6 end-pnrael4ttereotl'.againa6�,the=aots''md dead tot�ratd r b il� 1 � yr ) i n r`a Y m D hip of.the Sothodiat Episcopal.Omr D Imiithe United fiGtee'4 Amtrie6l!;euD,)trat to-a6tl 1'{i mid ell Person n,,Qaf ins ty„from LD ugh:rand the'said greaFa Lo a1d get Aatirit` + I Iih ' eel,:. li ii1 l' i i I! A. iioks�atd But,�C t(icke,6feir heirs eM iasigaa4foreyen iW WII7lE8.4 WI$REOP�z v U h 1 , -•di.aipline,Waage§mlydsLariai appointment ot'fisSd.ohuroh trOYJ Mint t0 tis6'811th07SBed b:fit - Ili }. i Ir ) 11 �1.7 0 a7a toe Qraoteda shall Du:diapoml of k ubdd Sn a Oaf CellOb wit1 4' u 'ane ter savingi a tru t eampnny purmnet.t olnt}oa [7te scats or Mrsemsa duly , pA� f Baia sisal lin ! �, 7 1 ,:,s x ..I 1 ani leg i adoPtea ma ad.sm oyl?t seat t n elgaed by(it^'sr.a�aws ams tt Lea tv'-” P ^bdjtbu kith to terema[tte htrbdItamat�.-dsitl ai{+ul'ten abs'LIlbPeunEIII l i , (.:,t iI Dalongiag,`as in a.Tiwlae eppartafning; also ell their estate,sight,title�IpMl lnBaCeCILi'+BL�I its A.BSetenL Sei ratary'and i{y oatporate.1a it to ba Deaaemto aftiied¢this lO,Lh day oC �(: I )i:.. -I`[ i f-I-:li t1 -SJarr�arp,'1972. )i law oat e 1 tbarein or.L �{ #! 2d Ey taretb�:-including dower 61U1 right otidawbr 1(rr-'d'and Sb:hold L e -(I,1 �!- j ( YERCHADiC$AYI!@aSE.4R084 COMPAHy HY W.R.-Fear 7' "PndiOmL nems to the aaid!(eLhodisE}ayi6`oepel Church and to tBO1P heiraend aeaignal sewer And Rt.Oi + p + 9 t 1 Iir�ll '7 X11 '% 1{y�,.a i iii , r Attest Walter j..Hrown, •,"- 'e IE ¢`- s* i.: 1Ho kaa and Pma Hook lme,wife,do cevanant AiLh the a46 M11"dist M�Seov 'i rivairahi ptd�� .o ( A. A"Secretary Oorpara.e.&• r a'.- a& mei`c :q �I ,dill. '15 ( ,�o:;r { Wltneause. g �helra aeeigoa end le p l{ f+�l i�' J:.6,Collism. { ., g1 re rssent.tivae loravar,that tae as d4rii.l aerate la rob tram Sas- v ! II {1 : � , E uwderli },ovmOranaae ani tot 1 ¢he cancra So;tai airicle haven good:Tigh to sell, W oenvpyfthb eene i'' , I� 4 '�� a ]{ 1p , 1 f I I i 11 6TATE OP OAEGN7 , } ° > jJrl; -i - mei UM4,Ehep;rill aM Chair hairs,exaautora m+d'edofntntr.torii;shall 3WAR �t sl (4 lir iq1 l -. ,;aa. ef:-'- ' ,,, LAND DEPBRBl the =n iii < ` Country of)Multha ish ° a: a � same to LDS said Wrtha ht @SeaoPsi ODuroh all lLo tl!eiri heirs as aeel@tg for ver�ugdine�:.� ,..,.i, '� r IIe p t,�,'.m,, � lf�t a I '�'-;;a �ti 't�¢¢t M1 I/D l h}d .,On LDS.12th dqe of Js¢uary,1912 before @e appeared W off PtiaS'e a �C�e lawrifl aLeima aM dtaarja of.ollf atama�AlP ��l � ii �.. ,i.ir'�a (( 1 ( `' iI} � 't;�:k, s. .. P r htmaaerer #f„,IN�1RTtiBSS BO tyo have hoetr-It dam,�_�� , it 't5., ,e ,v* P I d ,A;,.1?i t w ai, ( gt H Rrowtt to me,P 3 aonally known who being dnlyeM esveraily awotmj;did sash fot;hf@aelf ae, unto set aur heads rnd'canla thio•tw02tth(12)i :oL.+April ;t p,'".� N...'1 �4 T l t u _� : �._` )i � , -:v k ,a•.• a that rife,Lhe ea1'4:W R Aanr is Lha Peaeidentt sad lietlthsadid'Aaltar R.re8r is tT' : A etplr + _is >����u�3b �ttta• tiw z "��� ro77 1 3� � .ld.�l��i� t .��� X � 3 �n� f 4609 ,pIl4LPA HONG%EA Of AL 1.p OAFOON FLPCTAIC.RAILWAY COfpAn I IIr i ( -KNOW AIT,MEN BY t'RP'H RR©FNT6, That Rudolph Aunafkor and Sopfle d: R.FU T, his rite,Itf i i _ he County of Washington 7n the State of Oregon Sn mon Md enation of LHe cum of One end oo'Y00 ¢kJ �(.g1.00).Po 11 a.'a to them paid by Oregon F'leettio Aeilw Co � � i.� f @', mpaW, a o0rparnUan duly organited der theflaas.of the State ofaraEon, having Its principal office at too City of For lord ' ;tn bald state, the receipt Whereof 1e hereby rwknodofged, have granted bargained, sold ad 1 1 {Ponveyed Ind them preeonts do grant, bergeln, call em eorvay onto the said Ongan 23cctrl Psi]eay Comp it any,.Ste aunceeeora am assign, the following deeoribed parcel of land, situ'" 1 it WS11f nm,Orahem Uonntl on LSM Claim County of Wmh3ndton State of Oregon, to-vat � �Astrfp aflnm on the Westerly Bide 0P the Oregon Electric rnllwer,Oompai right of aro y; I 1 i as Or cane is at eked out and loo ItSd ov sr and mroan the Imile 0 the aatI graRoro in uedd ,�. sr, Orshaa DarelOP Lend Ci in Ser 2 T 2 S R 1 W. W. V. County al',otahl. on 3t oP 11rogo old Strip, triangular in fora, being more psrttaularyy described en follow Beginning bt VIII Elmo lte reflation of the Resterly line of said grantors lard in th, ¢forceeld lbnstloN ( .. 0 , Sn 6ettl an Otte (I) Towne➢ip Tres (2) South Range One (1) pee`.Niilame¢te Vbridlnn end t t a,lw line of eaSd Aa llxay Compet0'�e ASghi of way; tnewe Southaely along said Waetei I pIM, Of.grantore low Ord measured at right angles to,said Pa11W¢y gaepatyla Right of Nel4 (a distance of fifteen (15) teat; thence Scut➢sante riy on a point af,intmearUon.with out 1 f eeterly$1na oP said 11o17way,CoaPanJe Right oP way, s dletsnce oP Paur homed ;40D) fi" hence Borth Wester]y slang the Westerly lane of said Railway Conpagh s1g1't of way toj}Am 1 'J� C ofnt or plaeeof beginnSrg and containing Waren humreetha 7/10 Of an Sere, miE or loop. Together.vIth all and Singular the tenements, bendtneerbs and appunew i6 thereon to 1 longing or In arr/wlm appertaining, •.M citta n11 of tnelr-estate, eightantl title In enl�¢o 1 he Sawa,,iroladitg door aid claim of finer. TO NAYr::,9u,70.ACLD t11a enid 4eecrlbed pro mtses unto the eeW Oregon P.lectvlo Railway Compap., its aucceeeore Wal osalgns forever. And the b f grantors do covenant to am with cold grant, its Surnneole nrdlnonigra, that the abavgrdn t ad promisee as free Prom all inounbrsnoee, Ord that they will W, tthelr heirs, emcutlb, i J aM ,tlminlatratore shall, warrent and forever defend lire name unto the said grantor, Stll '(. {f 1 eueoEeaars end flss2gre, against all 1arN1 olslme and demands of all persona wDomeoevef,•IE I 116 IN WITIIpS9 OYERF.OR,we have herounto set our horde Ind Scale this 23rd dayof Aprl1 1413 r 1 'i Sn presence of us a witnesses: Rwalf Nn¢yYwe Tigard 0. F. S. TSgy$ a' Yj SLTt1e 0. AueotT�er(gCt •e (State if Oregon OS county of Washington ) �llI I, 0. P. Tigard, a Rotary Public tar Oregon do hereby ¢artily that r¢-tMe I 23rd tley,Of aPr13 3504 Personally aPPeared before >m,Rvtlolj. Sher coni BOP6-0 Qm¢Eknr 1 who are to ae:personally known, and are kncia to an tate the iderdleal Sudivfdwale do, it, d a Sn and also creation the within Instrument, Imd theral�ipen acknowledged La. aletIlf f i� aaled atl executed the eaue es tha2r trneem wolmfnW net sad tleetl, tor the users orf•,p¢rI the,cin montlonai. r {1 II s II {U 0Sval under hmfi nM official coal thin � VI eW %^ 23rd dqf et.eprll a. D. 19�j • ii;o o. ab Tigard myV. .�, notPnbiUi for Dre3ani� 1 , Filed for record Yap 37th 1909 ret 2.00 o'clock v I� ; Kula lrelerd Aoeotdar of Contnycn'rs i ,x h r I,� Washfngton County,Oregon —, 02/22/200611:41:51 AM 2006-020491 O•E CM-1 stn-13 1 CASTILLO $40.00$6,00$11.00•Total a$57,00 00912484200600204910080080 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII{IIIIIIIII AFTER RECORDING,RETURN TO. ens Ea Hanson,Director of Assessment Intl TlnHon ORltio County Cterk ror Washington County, Wagon,do hereby certify that the wahin lnetrummt of writs ng w.s n cll ved Intl raeeNedln the book of * City of Tigard records of elm county 'H{ Attn: City Recorder Jerry R.Hansoq Dlreclorment and Tasatlon, 13125 SW Hall Boulevard Ee-0 Ogm aeon y tied Tigard, OR 97223 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement")is made and entered into the day of VA 2006, between THE CITY OF TIGARD, an Oregon municipal corporation(" antor") and FRED W. FIELDS ("Grantee"); WITNESSETH WHEREAS, Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B" attached hereto and incorporated herein by reference(the "Grantee Property"); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW,THEREFORE,the parties hereto agree as follows: 1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the purposes of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area"). 2. Grantor's Rieht To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3. Grantee's Rights. Grantee, and Grantee's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. I Page 1 -Grant of Basement I 4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction, repair and replacement of improvements to be located in the Easement Area. 5. Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall ialso replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors', agents' and invitees', negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Easement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor's obligation to grant an easement to Grantee as described in the License Agreement Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that I Page 2-Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein. 10. Time. TIME IS OF THE ESSENCE of this Easement. 11. Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, P.E. 1149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 -Grant of Easement i waiver of the provision itself or any other provision. 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN, WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: The City of Tigard, an Oregon munici all corp ration By: 'Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of WAstien rl ) 7`L This instrument was acknowledged before me on this day of 2006,by Fr,* ✓• �i e Ct��s OFFICIAL SEAL NOTARY P C for Oregon DIANE M JELDERKS NOTHRY PUBLIC-OREGON COM�AISSION ND.373021 MY COMMISSION EXPIRES SEPT.25,2DD7 State of Oregon ) County of j �i ) ff cJ t This instr unentJwas acknowledged before me on this x-10 day of fi'N U1�'j , 2006,by tC • A . NEWII7N� A-5515T/T(JT'F(3 T+io'G(7\( Ww/-FCti�'rC OFFICIAL SEAL TRY PU9LIC for Oregon J BENGTSON '... ' NOTARY PUBLIC-OREGON '.. COMMISSION N0.366086 MY COMMISSION EXPIRES APR.27,2007 Page 4-Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Comer on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59"E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot I Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 861.59 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1; thence S 87° 39' 50"E, along said south line, a distance of 846.57 feet to the east line of said Lot 1; thence N 02° 51' 59"E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 -Grant of Easement EXHIBIT"B„ Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Comer on the south line of the W.W. Graham DLC #39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 150.10 feet; thence leaving said north line N 05° 47'30"E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16' 12"E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12"E, along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41"W,along said south line, a distance of 1349.24 feet to the point of beginning Page 6-Grant of Easement Exhibit"C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27"E, along said south line, a distance of 291.15 feet; thence N 75° 44' 01"E a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 113.89) and a length of 114.16 feet; thence N 621 04"44"E a distance of 472.50 feet to the east line of Lot 1 Edgewood; thence N 02° 52' 19"E, along said east line, a distance of 43.09 feet to a 5/8"Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1; thence N 87°40' 14"W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04' 44" W a distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 99.62) and a length of 99.86 feet; thence S 14° 15' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7-Grant of Easement Exhibit"C" Drawing Showing Easement Area I � I � ! a a i I y SW HALL 8L 000000 000000 0 00000 000000 000000 000000 000000 s 9� :S+ Z c, v Zr Page 8 -Grant of Easement I ; � .n�.a yam gr �~�ffi m R W a 1 rvINS x xa . in €IRI Ig y .Me €#N aeae old T 7ga h a @ Q � X�«3 s $ IN 01 Pz f h h 'x � 1i Nei $ N' i 4CQAn gN /a C�0 CNS 3r E'n Q oIry n �'c� 1 x a `py 2pa o it'll ss .o �eW t <o Nx I 5 �$ 0 a �as STREE7 GR 56J 0 o R to,`d o y 3g V a �uV� ec It its !s es.a J aeexvoo n 2 o x h N�� Qi n-zrw 2 3 h Min `° 2c " .2m to e n F ¢ b E E m mil °Zonemz EO e &o Z m ec'' z&p ¢ Zx mz oa m� pp vm a e C� O�n e hC�w x mF "� �- �`. � ¢�� � h 4 e '2 'bio � ~ ¢m wo'O¢h.,.o eaV vt an ^^3e �= a33 t .`.a Ex c +�• I -z °oE rm a" `m o`o� - ad. a IR e�¢¢�` tn, po o az �' 'F >,°�F"F "8a FT Mzc`� " ° rv�^ - �i h 8mm ° °x etiE 'a n 8 �B N°I¢ ox F" bac Z ¢ V n°gggy ¢ °j'az g£ mm F emo, RO T^e 8' HO °i Zz� ,.t x. o ico¢'�%° x"it `Wv y h m\ea°Fa �N."e�m °aEa Q ¢ q .Mlt' x � o i - z E, @o o. E ° m €`¢° @ ° i e E. .E x~S ;!i $z£ of a h oo > a e ae co. z S d � �¢30m PI zw Eya a am � Hx.. a i T'vaE 'lexy a d c¢ A 'j et E �° ply Fh " WA '�E;e h oaa c I ab F h E ~q y.5' 44�nw h 4V �� Eov�3 Ev\iFNho E£o2'2'3 Y°&C$hNohiu ~,otoo°ou°.?m..o° ~a FUit $C@hry� F'nN � R2077181 Owner: FIELDS, FRED W REVOC LIVING Prop ID R456081 (Real Estate) (602824) 1149 SW DAVENPORT Map Tax Lot: 2511-01200 PORTLAND, OR 97201 Legal : ACRES 25.69 gggqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq Situs year Built : Living Area: Name(s) area 023.74 sale Info 2011 Roll values Deed Type DW RMV Land $ 1,930,220 (+) instrument: 2010033975 RMV Improvements $ 0 (+) 2011 Tax Status * NO Taxes Due * RMV Total $ 1,930,220 (_) current Levied Taxes 17,417.27 Total Exemptions $ 0 Special Assessments M5 Net value $ 1,930,220 '.. M50 Assd value $ 1,049,480 Property: R456081 2511-01200 023.74 FIELDS, FRED W REVOC LIVING TRUST ACRES 25.69 1149 SW DAVENPORT PORTLAND, OR 97201 All Batch: Inq - Eff Date Paid: 02/23/2012 '.. ID# Bill ID Levied Tax Tax Paid interest Amount Paid Date Paid --- -------------- ---------- ---------- --------- --------- ----------- 1. 2000.104982 0 11,403.89 11,061.77 <342.12> 11,061.77 11/09/00 2. 2001.208228 0 12,228.22 11,861.37 <366.85> 11,861.37 11/15/01 3. 2002.143970 0 13,412.54 13,010.16 <402.38> 13,010.16 11/14/02 4. 2003.144622 0 13,615.86 13,207.38 <408.48> 13,207.38 11/17/03 5. 2004.150609 0 13,918.39 13,500.84 <417.55> 13,500.84 10/29/04 6. 2005.151750 0 14,366.43 13,935.44 <430.99> 13,935.44 11/15/05 '.. 7. 2006.153265 0 14,259.70 13,831.91 <427.79> 13,831.91 11/15/06 8. 2007.154527 0 15,358.35 14,897.60 <460.75> 14,897.60 11/13/07 9. 2008.155428 0 15,778.32 15,304.97 <473.35> 15,304.97 11/12/08 *** Continued *** Property: R456081 2511-01200 023.74 FIELDS, FRED W REVOC LIVING TRUST ACRES 25.69 1149 SW DAVENPORT PORTLAND, OR 97201 All Batch: Inq - Eff Date Paid: 02/23/2012 10. 2009.155876 0 16,483.98 15,989.46 <494.52> 15,989.46 11/06/09 11. 2010.155114 0 16,713.46 16,212.06 <501.40> 16,212.06 11/01/10 ID# Bill iD Levied Tax Tax Paid interest Amount Paid Date Paid 12. Current Taxes for bill 2011.155275, Levied tax of 17,417.27 1/3 NOV 15 5,805.76 5,805.76 5,805.76 10/31/11 2/3 Feb 15 5,805.76 5,573.53 <232.23> 5,573.53 10/31/11 !. 3/3 May 15 5,805.75 5,515.46 <290.29> 5,515.46 10/31/11 Total Paid: 16,894.75 <522.52> 16,894.75 *** No taxes are due on this property *** *** End of Display *** Page 1 r�P Number: 105 176 V Decd Reference: B 544 p 8 KNOW AIL MEN BY THESE PRESENTS: That we rDPred__W._Elel da and 14 -Snzanne— Fields, husband and wife, contract purchasers of the following described premises, nd the uncle _,;necl prior pi ties -it : ntcreot hereinafter termed gian(ar(sl, in consideration of the sum of @__...._ __ to be paid by CITY Or TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right.of-way and casement as hereinafter described, together with a tmnponry ripht•.fw.y and easement to use an additional area hereinafter described and designated temporary eosenient,for the following uses and purposes: 1. Pe"M.ai easemenl: '.. An unencumbered perpetual righOof-way and easement for the purpose of constructing, recon- streeting, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances,together with the right to remove,as necessary,vegetation,foliage,trees and other '.. obstructions within the easement area, 1(4C�seseni ,e cv the-gra,rtmrHar gH1e to-2tte-lettds, aW,jce4lu-4Au as>a�nwak+a>d•tlu,wiflkt-te arakw cxch awo-Wwwaft.ataop4 6o-oear3ax W 3wiLl.iugs, 'as.ViLl�[w4inieuteee.xwt4.tho-uFaswmS @wpa&oc�6 Ahe.casewout;said easement arou being__ •feet•w.^.ng designated premises:ises: •at•rtgiri�u[;ler,a'rt-0trfot{meitrG�t?esceibed�emFeciin:c w4kin the following designated premises: All that portion of those certain lands described in instrument of record in Book 544 at Page 8,Washington County Deed Records, lying parallel to, westerly of, along and within ten (10) feet of the westerly right of way line of the Oregon Electric Railroad; the sewer pipe line shall be laid within that portion of the easement area lying within six (6) feet of the Westerly right of way line of " Oregon Electric Railroad; RESERVING to the grantor the right to construct, use and maintain roads, fences and railroad trackage on, over and across the easement area, together with the right to construct buildings within that portion of the easement area lying Westerly of a line drawn parallel to and six (6) feet Westerly of the Westerly right of way line of the Oregon Electric Railroad. e g. Tem povary eesemanl: '. Together with the temporary right of ingress, egress and regress, and =a for newer construe- the westerly line tion purposes, of additional lands lying parallel to, along$&=ybsas and within ZQ••C_Sgt, '.. when normsured at right angles, of the above described perpetual easement area,excepting and reserving to grantars the unencumbered enfoyment, use and preservation of all structures. yl present upon the premises. This temporary casement shall terminate upon completion of the r sower construction work, at which time, upon request of !ba owner, the City will issue a written release Retool. '.. Y' poor. 58 IN 176 SPECIAL CONDITIONS: 1, The grantors, their heirs, successors and assigns shall, with respect to any sewer service connections to the said sewer line to be constructed within the easement area to serve grantors' property, of which the easement area is a part, bear only the usual prescribed and effective connection charges, or such connection charges as may be negotiated with the City without surcharge for the benefit of any other person or party. g 2. Should the elevation of the sewer line in relaticn to the exist- ing elevation of the Oregon Electric Railroad bed, at any time in the future, require lowering to enable the construction of spur trackage on the easement area, the City agrees to laver the sewer line to the extent necessary to enable the construction of spur trackage. Should it be necessary to cut and ren ore any brush, trues, or other matter or materials from the easement area, said 'brush, trees, or other matter and materials shad) be removed and disposed of by the City and the City shall kava the casement area in a neat and vvorkmanlikc condition. The City agrees that in connection +� with its use cf the perpetual eas'cment arcaand in h"Pec(ing,repa(ring, maintaining,or replacing said server 'a procli,able ty ivdl le.to the premises in a neat and x'orkmaniike tradition and as nearly in the preexisting state x The ss din hereby wowners in that they are the oin fee simple and Into the right to grant the abate described easements, -7�J witness or Unds and seals tors 4�2 _day at, .//E'Y'E. /,S� —(Seal) ($EAL)W. Il FrE7. (SEAL) K. _TT, P .. —' _Seal) (SEAL)sare SEAL) t P.;IES C' JOHLITSOrl /� .-_(Saal) •u.�rr—. t'rtit.3esv'..-(SEAL) JC _{p_w/ � '--' •fSEy Laura C. Joh�i, Atty in fact � YV(,�Cwc.`C. 1.+.,.��ty�^ For a consideration, the mortgage lien an the ,have described properties is 6ernliy made snhordinatc to the caseemnte above granted, u Dated that__.__day SPECIAL NOTE: Arthur G. Alaca S: Elsie Y7. E,des are husband e: vrife, Alfred T. Sulmonetti U tsortgagen '--- Jeanette Sulmoneeti are husband L: wife, Thomas M. Tuve and Katherine A. Tuve are husband & wife, Til IS Zurcher is a -- -- si:: le ,arson and ?tees C. Joh^son ::iagle person. - --- .._ •. -• STATE OF OREGON, ) TiOe County of Washington .. J1 .....^ ,._ 6 On tt.is.._�r/yday.of t.__ IS—.,� personally appeared the above mored ' nSl_H_Scaanne Fields and neknowledgnd the foregoing instrument to he their vaIlmtnry act and deed. - Before mm .en Notary Pahlie for Oregon --- " v ,r MY Commissions iflf 580 Wilia MINIMUM 176 STATE OF OREGON,hie [on �99' 'OftN N0.929w`pCKNpaW;Cp oMO NT r fY .......... l County of..,. 5... .. BF IT REMEMBERED, That on this_. 17th November ..._.... day of.............. _. . ......... before me, the vndarsigned, a Notary Public in and for said County and State,personally appeared the within '.. named T_b1. Tuvt anc1.T.Id... 2uva as...a.ttosna�..ln.£ac t..Far._5usherine A_ Tuve., and....ICamCtte Sulmpnetti and Al ed T. Sulmonettix Laupa C., Johnson, as, @Ctorney.in„fncC tvr Rees C. Johnson an E1 e P. Ames J V known td ige tq,186the identfeal u,drviduat_s.. described in and who executed the within instrument and ) at(to 1 11 to thg6 Chey --...fed the same freely and voluaiazity. t IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official+s'�ha Jae and year 1 above,written. � . . Notary Public for Oregon. Jul 19, 19b9 L MY Commission exFizcs. . Y. . ... .. . . ........ _..... y STATE OF OREGON, 1 s'paM No 29— NowLs artv,r.a xeaa anw uACK ... ) a ,o, vvnr.nxo.exe. ` as. ( e) County oL...........f]a P .j BE IT REMEMBERED, That on ehfs............ . . day of ............December ................_..... ................. t Fxtoro rt+ez the undersigned, s Notary Public to and for said County and State,personalty appeared the within ...................... .... ...._ n kr,awn tR.hie t3 be.the identical individual described in and who executed the within instrvmen! and acAfosa4ledged t0. ie thnt.. ae .....executed the same freely and voluntarily. -s r ^t 'T IN TESTIMONY�F,I have hereunto set my hand and affixed my of/eie7 sed the da and Yy /yea/rl/ast rbove written. Notary Public for Oregon. ) My Commission expires �1.�.�6,R ......... 4 rr STATE OF OREGON, ✓pnM N6 33—pCIINpWLECGMENT �P Y a. t ' ,i .E .. -- .C.7. .. .da of _ .r 11 r~ County of ... 4J='Sling tai• DE IT REMEMBERED That on rids 6 7 y December Ih before me the Undersigned,a Yotary Pubic in aad for said County and State,personally appeared the within t n otd 3'Sd.I L '�3 . 7tiTivk Z. ..............._... _.,trr ._ .. ........................................ ... .... .......... ._... ...._.... .. .. ... .......... .. .... ..... kno n k Inc fp be the ” ' i — „n.x rndrvmuai .. described in and who executed the within insfrvmari and -�ncivrowledgzd to•ma _.....excruted the same trmly and voluntarily. ); IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed i f icinl seal the do, and year rat nbove writt.^n a �r , `{ ! Notary Pvbhc tqqr 1t��r 4on 1 P 2.........� n MY Comm°ecion ex fres .. r i' rc t ,.t ➢ t 7 i 1 1, e +3fie`a { sK6af^4i' nttt' ,�}k'SaLs,trre`�' 6i" �l! i 9h� � e r r� a t � �--' t..✓ir°?�'i£ °� rr a IR3"�9 3,y1` � (c lYfy,l 11 tp ) f x : G�vff s � a 5t tai p � ANOW ALL HEN HY THEBE PRESENTS Ther Tt M�..T n b Y(ATo,E tE A.-TVVE fiuebaad b W. {}L' m AL17iED 1. SVI,MONETTI 6 JEANETTE SIR.9tONETTi, huabalid-b wife,.pRT[{`JR G.:�AMES b ELSIE W. M@S, fiugband d':vi£e, flEEE DC 30BN50N7 FRED W:-FYEGD9 6'SV7.A.NNE-FIELDS. hvebond 6 wife =!gerabafty ulled'."Ne G..o.".whcWa...or mon*.e ove) forand h(wooidentloa of the prymeut of We sum of Tev d t 'and oo/Mot-iollave (( C.w),.the retti t of which L hae6y nalrnowled d,.do hueV 4:Hell Had eoova7`w Bor= General Etactrl Com u u fgn on �< qU 9 Y, ¢ Corpandoa: Nae{afta w efllhe Gmaup a eod<nnon aad ue$np, �. � � Weshin ton . ' Deroemil eaaemene o v,under,upon and avone the lollowln¢denvlbed pvcal n!tsad elevated W__��$,�__� �p Ce=ty,State of Oregon,being u e W of tcv P d- .ix_:(G)_..fe<tV width;atendlve� -�fert ov ench'ilda ofa.nW las ore ynrGcula.^ly dencnbed oe foltown �` Beginningaf'a point nn [ho south 12ae sof Oregon Electric Railway Compnayp xighC-ef=way!in Section 1. T. 25., R. SW., W. M:, said paint^5cing S. 430f'44 E 400 Feet and S:(41° 35' B. S2.0 feet from the northwest earner of that certain tract of 1acd,deacrihad,in, Book,315, Page 388, running Olience S. 250 25' W.-40 feet. (t " I£shin anchor ehow.d intar£ere with iueure road'ex railroad spar tractrs(.Portland } � y General Blectric Company relocate sold.anchor upoa.$0 days writtennotice the Greeter... eo � I z i u ( 5 d eaaemmt shall b I.,the perp t xt right to: tl oo .W'ext d and lou4'v chor ..d VY vme_ om t v e t h( ,aud pe��avd vdnne she above ded< bed,lavd of the Gnn:oeo to nup0or! v powersavnmin{n.hn.sere nrn yolm, y � :: :. 'd'ha Graaeora h by nelmvwtedg chat the pvrcl p'tt vam<d b V aeecp.ed 6 f€tie Grav¢oro ae t 11 epmyeaea ^µs'Y r'�i'. , S p virion for all 6nma¢ca o cidenW tothe earcue of gild auemavk vamrtY f r a"uy_andnneho-_,extmdlde v r nda7�� ( - yoa t ,r IF th G, tea, to n d got toll fail to d smear f rb<F p boys mmticoed f a rn 4'� �'- ifo p od of5e > a1t !hd natancaav afedd pn w 'fe( S lla tfiea 1 tl ! aak dun t( ,�Y nxx �" nhml te�aete ant tI rrghtn and Priv}egen gnvlM baemunder ehd!iw rt t the Graven their here end ,ga _ , TM G,avtorn here69 wemut'ebat 6ey,aze poneuaed of a vurk<nbte vde m me piopaty ewered by Wit nk d - �^� xa The Gnvrori 9ort6emndvo and thdr Neon and a.' ee, to rivu<uen d ' a.¢vn ccvcnere:m vnd with rix Gran! gva, y 1!„ :.$at the Gravne;'3u euceesewa Ovdpnei¢or ahatl yurnbly ev)ay the righU vnd pn7geo,6ervm planted - ? e' rn t 3(v1 IN WITNESS WHEREGP,tbo Groat.. eve cd fl a i, ®enl m bo eseeuwL lh Bth d4 4t t of April. 1971 n (SEAL) SEAL LITr� `(SEAL) 1 , STATE of pEEGON �:i CounV t t Muitncmmah e. on Nb:-:gthdny f BptiL 14 71 beZom na,the osdenlan'edN.so7 Fabbe in Hud tar rifd f ( Cmmt>-and Sten,F�rnoaNly eppmre�Ti a`d Katherine A TuvefY A1ed T SslmonettA b 3 z '4eannttoiSudmonattie Arthur Amec:B Elsie W. Ames Rees C Johnson,^Feed W t PicZflu. ti t w t G aa'etsima fo 7e$tdlo..o tb- bed I to foregdng ti num e d wbo ted t6 f riv¢ e¢o W fn tevment,a m�lfnwle3.£ed Aef t q aaawnd tSe nam f 19.4vei rtty a ,y, 4 "( 1z y,t�?, $f�jgp,�`Rr{�'f$y�..yptY146j'HERB®Pt i,�rav<thczanto set m9 band wd e5xed y vonrLt J tNn,iha Eay d yen to _ y YY .�.., sr=I�'e 'P wemmL to�mneat_-A3 f -:q Ik ie.71 s4PJAu uu, -1 - . +f :. J 4.' (m -'flIHR"R SnOMacsn G ¢ .,y. _ _ vis•. Zia - -_ I 1111101i 1 now ALL MEN BY'THESE PRE21=3, da et.e1. 12289 S.W. Msin Street, Tirtdrd, Oregon 97223 in consideration of the awn of Two Thousand N�ne,lfyndred Forty-F'Lvs k Nnh00---dallsra �q. And other good and valuable consideration to them paid by the Unified Sewerage Agency of Washington County, a municipal corporation and county carries district of the State of Oregon, hereinafter reformed to an Agency, the reoeipt whoroof is hereby aaximwledged, " hoes hereby grant ,to the Agenov, its auodeAssm and assign, the right to lay dorm, oonstruot and perpetually maintain a'sower through, under And along ' .A PERMNg.TT EASEMENT A portion of that treat of land in Section,1, Townahip 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, conveyed to Paul Ae and Tillie Zurohor as Treat 1, described and recorded in Hook:315, Page 368, Dead Records of said Washington County, more particularly described in two parcels as followa: Parcel 1 A strip of land 30 feat wide, 15 feet either side of the following deacribed centerline. Beginning at a point on the North Sineof that certain treat of land can— . veyod.to L. R. And Fay Davie as described and recorded:in Book 395, Page 267, Dead Records, said point being 132 fact, mile or lose, Easterly of the.Northwest corner of said Davie treaty said'Northweat corner ciao:being the re-entrant cornerof the W.W. Graham„D.L.O. No.`39; -Thence: North 42° 03, 49”vest Bit,Q4 feet, mora or lees; Thenoa'.: North 1^ 561 56" East 569:61 feet; Thence: .North 23-:Zt 49" West 200 fest, mora or lees, to a point on the Westerly boundaryof said Zuroher treat, Said point being,813 foot,' more-or lean,.Northerly.of`aforemeationed Northwest comer of the Alvis , tract. jE Parool 2 '..,. A strip of lend 30 feet wide, 15 foot either side of the following . : .-described-aantarlino. Bsgirning at a ®quare iron at the Northeaot'oornor of "Edgowood,e a recordedsubdivision in WashninErton County, Orogen; Thence, Westerly along the North line of said Subdivision 92 feet, more or:leas, to the true point of beginning'of the heroin daaoribefl centerline; Thane: North 234 21' 491!West 137 feet, more or lose, to a point on the most Westerly boundary of the aforementioned Zurohor'traot, said . .point being 122 feet, mors or lose, Northerly of a oornerof that aortain . tract of land conveyed to.Martin L. and Alma.E. Prather as deocribed'and recorded in Book 585v.Page 290, Dead R000rds'of,said Washington Cc= y; ' ' " a said treat also known as Tax lot500 on Washington County map As an inai5ant to the useand enjoyment of the above,dosordbed PMANENT FASEMENT, and as a part ofthe consideration for payment ijY:�tte above stated num, the AGENCY, its cu000ssors and aabigna, is hereby granted a TOWSARY EASP3O?r ihehtical.; 7 in oanterlins location 'to toe above described PERL=``T EASEMENT, being 10 foot wide, 50 feet either side of said oanterline, where feasible, said TWORARY EASEMENT to be-automatically-extinguished upon completion of laying down and construction of s ' sower through,.under and along the above described PER+f01MIT EASEMENT, i Yy 990 PACE 38: %4 u�•t)b�'r,1�..1+.�s[^PfaY�[v,e� MUM ttxr i 3t; t?ri i rix ,jS i; rs,. > 1 �t M1y��„ 7d'ttk�`Yt k R ��tKyyY�3 Z"��tr�€y��AYf1���y +ly.�'/f b 4 .{•�' I I I v +lil!t xx R 41 ge J ,hy w C P:�SYa N r• d .f�+ '( �Fv 1$-rr' pY is r a•, • • w�� $ u tg 44 5 S }S7�a+!�xYF r s' v - n.t ,� . The foregoing Parmesan Meanings is grnnCed aubjeet to each and all of the foliaaing terms aqd conditional n. The Agency shall require its agents, officers and contractors to keep and maintain duringthe period of construction such fencing enclosures as new exist on the promises to preclude k escape or Grantors' livestock, or to take other suitable nmano to exclude Grantors' livestock from the easement area during .the period of construction. b. In the exercise of the sights hereby granted, the Agency shall require its officers, agents and contractors upon completion of the work to re-seed the excavated areae and take reasonable 91r steps to saenrn tilerestorationof the excavated areas as sand. bad for such growth. 7 1i1 C. Upon completion of the work, both the perpetual and tomporaty seaement areas shall be left in a neat and workmanlilu, conditions free of all loose materials including brush, trees and debris s} " r which shall be disposed of off the promisee by the Agendy or its contractors. d. The Agency further agrees that in connection with its use of the permanent easement areae and in inspecting, repairing, maintaining and replacing said newer line,'the Agency viii 7 likewise leave-ihe premises in a-.neat and workmanlike condition and as nearly in the pre-existing state as practicable. o. Upon completion of the construction of ilia sewer line within the ' permanent-eaoe:nant areas,..the.Agency shall cause the excavation:'. r, to be refilled and the topsoil replaced ae neatly as practicablo' II Jy. at the surfact'and shell cause the sale to be settled and compassed' ^by use of a recognized medium and the Agency shall, during the - period of normal settlement of the soil within the exesvation, causethe said trench to be refilled as necessary to re-cetabliah ,�; the pro-existing surface contour,.priortCo seeding:as hereinabove provided. Grantors reserve the 'rightto place fillmaterials over the newer line to a depth nor:exceeding 25 feet me scared from the top of the &ewer pipe, if such action be in ' connection with the future development of rho property for laufai purposes. .. f. Grantors shall have the tight to connect the subjectproperty to � the completed sewer follosoing payment of the cocmxtion and inspection charges applicable to the development of the proparey M. Grantor reserves the right to pap* overs along and/or &areas the easement:area, and to utilise the oaeement area for, or road or street purpoe*e if desired. , h. No major tress will be removed from the grantors property without his written consent, with the oxoeptiop of a strip ' of land 8 feet.on each side of the easement canter line. aocl 020 mu ' 40 ., Y cr- ♦•-:O b:�ynn.�� '✓0.1 i ' 1gV1�M , § l C J �.r�Ain�?• [Y 1ryF` t�4 �fi�C'e, v ��� •y�e�1�}�r�31 'Y IDn" No kt�xrm'p 4 S YM�{YU :: ' 1y " , t ""AR {Zion to,o,e known to be the identiral individual desiiibed in and vbo-ozec.ted he�Vithiu 1aY'i�: • -•� 5" xis i s z h p7 s 1 t ! A J 4 Nils; L17~"{rhL�'i1i � r § � a fs} t r, J. LdI� V[ *r SiraKr , tlrN 4 p��,�.rLyyroa»+.,a Y^u=a'4r� 4, ar• a r�,4� x�ta.�yi u: fi a�u 1 r 6 Pr htr , I x�dtti7� I 4�t "Xr"�.vfr4 4rY1 1 � jjj Lr r. vv / .r s' Lief , + r r•i YT giy,yn.4i I#wl r nt`!. P 50 � re Z be the idatical indlividu�al H IS YIL b 4XM. �y'. t r 4 Lit t i .% tY� �raYpSM1r.: ,v w a4c \w • k, f 1 Trip _� x /fin ll-R' Yel PWt4 ty,Tyw. yrriS{;.G� F r F• (rff3i k!. RM �4� is, i as 4Ys`c F" P rr AS FS S.... ......... �l�a �y fro I n'.l.9:.: 4 C Vis. Y f a r y a r t r l a$ Fy.I'7j'�., :.i�, y...,^v"."a`..1A1�` rbr!y4$•.a}��•} ysy�.Y.�,! � �;i•ii N���1 9rr'sS,t`a3�ae; r x rs; s3�ti'�a i�Z�}}) C� rynlIn r fir. ..li• .r ,��U�Cf�@}•S L j }.,a I�; Hs}ly,ral41 '4 L �cv f .M Z• 2'M i Jh �t t � ��a ir',1 •11 t tA�L�N' ': � t 17:, r P id J +htr 5 ff� � 3 A v�Yi t¢ .;•V. C l n w ft^aT-�r'ri � p V 1 L 1.5 1 VA+ultYn 4 � }'rit{Yrx aic64 4��'c,� tvak 1 n }ti rffta.:- + IZOM.A, t '3 ny ,z v 4"ft�.7t a�YsSa r 12 iJ N3 4 p Yi4 1 \ •', vt y jl! ' ffti- t M1 W l he F i '�[��' ?'6a.`aif^' Y/ i�t,G�l' Cxlt•X�,,. ,, utrh +t 2 STATE OF OREGON ''... County or Washington 4 Jerry t of Assess- mentend„ n BouKry Clerk for It the the ander Aird' cf meld county it 3K I.a A- Fhector of eG6kett exaCoo.Ex. nc Doc : 95003861 - _ Rect: 136814 23.00 01/18/1995 09:49:36AM y C3 e ® v ®......ice a .NE'�N!".Lr��a. ).•i J �i lTM d1�ij�tfvrY. #n`e_ uc W T +� _��"¢c-�-.-..,.... •.sic.x �:. � ""�" `. ��..r.P%�'!�S.'�_.^`.�=441I'e-Ji11`�.�:__��_""_ "d: 197-I I�nE 1 � ____— ._..... .—,. kW mm-a�It�a�,P�6• =fir- v.:_ --..,.._ _. '. After Rttording Return Copy of ttecara d nucument tate Clry Recorder•Clty of Tigord 133U SW Nall Blvd-T4p ic,OR 9711 CORPORATION R><No. EASEMENT PERMANENT SANITARY SEWER F.W.F, investment COmnany, hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easoment for constructing, reconstructing,operating,maintaining,inspecting,and repairing of an underground sewer line and appurtenances,together with the right to remove,as necessary,vegetation,foliage,Rees,and other obstructions an the parcel of land described In Exhibit"B"situated in the City of Tigard,Washington County,State of Oregon THE TRUE CONSIDERATION for this conveyance is S 000, however,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. ;.:SSI IT IS EXPRESSLY UNDERSTOOD that this casement docs not convey any right,tide,or interest except those exprossly Stated in this casement.norothcrwise prevent Grantors fman the full use and dominion thereover,provided,however,that such use shall not Imerfe:c with the uses and purposes of the intent of the casement IN CONSIDERATION of the premises,Grantee agrees that if said Graluee,its successors or assigns should cause said easement to be vacated the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert m the Grantors, their successors and assigns in the cast of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee,its successors,and assigns forever. / IN /, S F,I set mycn this4; day of- + 19 Name of Cc Cee�ll�. •� r ��� rporadon Signature Adtr t x Tide IY STATE OF OREGON) Title .I ss. ; *n County of Washingum Tfifs Instrument uas acknowledged before me on_11 It I) td- (date)by i-v+E G�- i��•�t (name(s) of person(s)) as _. r?✓L S t/`�fLn. (type of audtority,e.g.,Officer,tmstce,Inc.) Of - I �I, ,_- (name of party on behalf of whom inumment was cxecumd). ' a GtOF .Syvuts�ttv"c,-.� �, NO g L'ay�a Signature C0 ,i rep.0'.1M My Commission Expims:lIiL6q� . t OiR-;JAtt,12.173] Accepted on behalf of the City of Tigard this 1,7 day of �JientWrr„� City Engineer q c - _._ = -- ----M-40-9" , 6 EXHIBITS P A PORTION OF W.W.GRAHAM D.L.C.NO,39,T 2 S,R 1 W,W.M., \\\ CITY OF TIGARD WASHINGTON COUNTY,OREGON \ S 43°44'E 31 1 POINT OF BEO:NNINQ � 8 '. VO"li SANITARY SEWER S46-1V EASEMENT ��� SCALE:1`=50 �'po m a � p � O 3 w rte. � PARCEL Vtl /S8P 28'09"W 8.2A' (FEE NO. 86050410 PREPARED BY: COMS'iOCK NORTHWEST,INC. ! 2450 S.E.BELMO IT STREET PORTLAND,OREGON 97214 " (503)234.8112 w t , 1R 0{ y I f �ri .➢W« � E _ -- - r ' — �.•sr Gw�°`c�F'�R.1�.i a�+"R'' :�s���ss. --- - - ----- _.. ••x�.^ycd�m.Y'r73w«4 wxl r'iy�' _._— ______ _—_ , .•vim ..w.. , I ORT �1, GND SURVEYING 6 pCERTIFIED WATER IGNTS '. May 7, 1993 Sanitary Sewer Enaement Description FWF Investment Co.-WCTM 2S1 1 TL 1200 -, Project No.93-M9 A tract of land located in the W.W.Graham Donation Land Claim No.39,in Township 2 South,Range I West of the Willamette Meridian,in the City of Tigard,Waehingnn County, - -ili Orton being more particularly described sc follows: e r Beginning at the most northerly corner of Parcel VII as conveyed to FWF Immrsnrtcw Company by deed recorded as Fee No.86050410 in Washington County Deed Records(said point of beginning being on the southerly line of that certain tract of land conveyed to the Oregon Electric Railway Company by deed recorded in Book 83,at Page 163 of said County's Deed Record:,);thence South 43044'East on the northerly be of said Parcel VIL 31.18 fxfi thence ( South 46016'Wcat,6.29 feet;thence South 6054'56*West,254.14 feet;thence South 610 28' 09"West,8.29 feet to the west line of said Patcet VII;thence North 4013'East,233.89 feet to the Point of Beginning Contains 3645 ulum feet,more or less. - - aT REGISTERED PROFESSIONAL j LAND SttnvCYOR f •,i �• G OREON cont f.G JON 7.FEI"It) - !RENEWAL OAT'd 12-3l-9.3 i _i (503) 234.811: 2450 S.E. Belmont St. Portland, Oregon 47214 r E . —N ra L -- .---_ c�_`irJntlOWlryMa.s��•_.--u+s*e'64?�'P:YiIa��LL-ee4w'�m]NRi1w SwM'T'Q�••���•• STATEOFOREGON County of Washington J SS , 1,Jerry R F}aneorr't hle ftr of Assosa- 4 :^ cs mont and lion'i and'F two County Cierk(or,aa�6 cowfhy,do, reoy earthy mat ,'•p '- tho within instrument of wF16np whd,7ecelved s� and reoorded in batik bT taaolda:of said county_ r . + 14� 'derAanmon Director of 'w7� .OMor:G�a rlerkaUnn, Doc : 9S049211 ,Y4a;' Inv : 5815 38.00 07/18/1995 09:02: 17AM 12 tn a 1 i` I 1: y ^ I 1 1 , tin 1 I1� • ' i. _ , t +: ti s ts} +:: 'iit ri)•4P .: r tIj 1 i t 11 y-. 1 p.Yv. 1 { 11 tAt`IL�!'6bri �f✓Aky ,I i'segGl[45� arC� r�.li7 1.;,1F "L� .� 4 ll-k`V ,t�r� 'ri✓S '`-o+YNY.. .�"�._...._':%�nL SS':�.�" 1?Xt f � :'�� � . .,..�,... ... I t ir.,_A"i'�',. ,�`I+:• wJ�l;7`�'� �'"2 A► ° Project McDonald Trunk Sewer 4083 Parcel No. x . Legal Description ?S1 1 120D - ` (� Linear Feet 99.4' ,'- CORPORATE SEWER EASEMENT Name of GRANTOR(s): FWF Investment Co. Inc. INW'� Address: _ 7930 SW Hunziker Road, Portland, Oregon 97223 An Oregon Corporation, GRANTOR, owner of the property described herein, does hereby grant, convey and warrant unto the Unified Sewerage Agency of Washington County, _ GRANTEE, the right to lay down, construct and perpetually maintain a sewer (or sewers) through, under and along the property described on Exhibit "A" attached hereto and by this reference incorporated herein. This grant of easement shall run with the land and ®� shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and assigns. This grant is made upon the conditions attached s hereto, marked Exhibit "B" and by this reference incorporated herein. This grant is �1 made subject to no other conditions. Any temporary easement granted hereby is automatically extinguished upon acceptance: of the completed sewer in the adjacent permanent easement. No structure shall be erected upon said easement without the written consent of the GRANTEE. The consideration for this grant is $200.00 APPROVED IN WITNESS WHEREOF, the GRANTOR named '.. / above has her o set his�h,a�n�d,�and A ; � ewer,, seat thisday of U GEN AL MANAGER, Unified ewerage A.O., 19 Agency of Washington County, Oregon By FWF Investment Co. Inc. _ AP_PRROOVVVEDD BY F�IJJ �?1 .lr-/t1_j--- By ...�iIti..�.r.<��< GIERAL COUNSEL,�iZie Sewerage Title f - Agency of Washington County, Oregon NOTARIZE DOCUMENT BELOW STATE OF OREGON } County of Washington On this /.// day of ��, 19 9=S'before me, personally appeared known to me to be the President, and known to me to be the Secretary, of the corporation above-described, and also known to me to be the person/people who executed it on behalf of said corporation, and she/he or they acknowledged to me that such corporation executed this instrument pursuant to its by-laws or a resolution of its board of directors. Notary Publ�f Or My commission expires �/• /7_yl OFFICIAL SENT RETURN 10: UNIFIED SEWERAGE AGENCYNOTTARY PUBLIC.OREGON MAIL STOP #10 0 COMMISSION NO.020058 MY COMMISSION EXPIRES NOV. 17.1996 c _ ! �' _. I McDonald Trunk Sewer 15-Foot Wide Permanent Sanitary Sewer Easemont rax Lot 1200,2S 11 F. W. F. Investment Co. by Coo Manufacturing Co. 609 Bank Street P.O.Box 520 Painsville, Olf 44077 Project No, 424.08A-93 February 10, 1994 Exhibit OAR Page 1 PERMANENT EASEMENT DESCRIPTION A tract of land situated in the SW 1/4 of Section 1, T.2S., RAW., Willamette Meridian, Washiogton County, Oregon, also being a portion of Parcel VII of that tract of land conveyed to F. W. F. Investment Co., by Bargain and Sale Deed recorded Oct. 30, 1986 in Fee No.86050410,Washington County Deed Records,being more particularly described as follows: Commencing at the northeast corner of Lot 2,Edgewood,a duly recorded subdivision,said point also being the northeast comer of Parcel VIII of said Fee No. 86050410; thence along the cast line of Parcel VIII of said Fee No. 86050410, South 02045'42"West, 30.00 feet to the southeast corner thereof and the northeast comer of that tract of land as conveyed toDenell D.and Carol M.Zander,et ux,by warranty deed recorded May 22,1974 in Book 976 at Page 360, Washington County Deed Records; thence along the east line of said Zander tract South 02045'42"West, 19.69 feet to the True Point of Beginning; thence South 89008'46"East, 99.36 feet; thence, parallel with the east line of said Zander tract, South 02'45'42" West, 15.01 feet; thence, North 89*08'46" West, 99.36 feet to the east line of said Zander tract; thence,along the east line of said Zander tract,North 02'45'42"East, 15.01 feet to the Point of Beginning; The area of permanent casement is 1,490 square feet. Westlake Consultants, Inc. 7340 SW Hunalker, Suite 204, 7lg=4 OR 97223 684-0652 f= 624-0157 McDonald Trunk Sewer W-Foot Wide Temporary Sanitary Sewer Easement - ?' _= Tax Lot 1200, 2S 1 1 F. W. F. Investment Co. ;>k, by Coe Manufacturing Co, 07� 609 Bank Street - ®" P.O. Box 520 Painsr'lle, OH 44077 z Project No. 424-08A-93 February 4, 1994 Exhibit OA" Page 2 ,w. • - TEMPORARY EASEMENT DESCRIPTION y`.r A tract of Sand situated in the SW 1J4 of Section 1, T.2S., RAW., Willamette Meridian, Washington County, Oregon, also being a portion of Parcel VII of that tract of land — conveyed to F. W. F.Investment Co., by Bargain and Sale Deed recorded Oct. 30, 1986 in Fee No, 86050410,Washington County Deed Records,being more particularly described as follows: -1 Commencing at the northeast comer of Lot 2, Edgewood,a duly recorded subdivision,said �i point also being the northeast corner of Parcel VIII of said Fee No. 86050410- thence along the east line of Parcel VIII of said Fee No. 86050410, South 02°45'42"West, ® 30.00 feet to the southeast comer thereof and the northeast corner of that tract of land as conveyed to Denell D.and Carol M.Zander,et ux, by warranty deed recorded May 22, 1974 in Book 976 at Page 360, Washington County Deed Records, and the True Point of ® Beginning; ®' thence along an easterly extension of the north line of said Zander tract, South 88042'18" East, 119.35 feet; thence parallel with the east line of said Zander tract, South 02045'42" East, 60.02 feet; ® thence parallel and 60.00 feet southerly of the above described extension, North 88°42'18" West, 119.35 feet to the east line of said Zander tract; thence along the east line of said Zander tract,North 0204542"East,60.02 feet to the Point of Beginning;Is f The area of temporary easement is 5,671 square feet, which does not include the area of ® permanent easement as set forth in Exhibit W', Page 1 Permanent Easement description. M A 1 I Westlake Corsultants, Inc. 7340 SW Hundker, Sidle 204, 7"rga,4 OR 97223 684-0652 firs 624-0157 O U S02'4S'4:!"W 60.0022, r- p lr„1 v $02-45'42`W ' - z Tm-,- o -Z f rs 502'45'42 W ®. 30.00' _' ,_'^-----_�.._—_,^ S02'45'42`W.;....... ........•fit•......, tz I .. .60.02', - � - 1 '- NO2'45'42`E 0 1 to N f CE SK. 976 PG, 360 u i OENELL 0. ZANOeR & I CAROL M. ZANDER ETUX I - y� SCALE 1 = 40' z w Z z z in � I zz zw Nw - O ' `oss i w� WmN a Z i m z - W o� _ !! wWay I =w ° K) Nz N 1 7l !u 1 € I / � SMcIDONALD PUMP STAMfiON� EXHIBIT "A"-PAGE 3 f WESTLAKE ! coNsvt;Arars INC. TRUNK SEWER PROJECT TAX Lp'}' NO.: 1200 !!! A UNIFIED SEWERAGE AGENCY 1 DATE: 2-4-94 OF WASHINGTON WASHINGTON COUNTY MAP NO.: 26 ' DRAWN SY:DDL CHECKED SY:LM i I y EXHIBIT"B" EASEMENT CONDITIONS id3 i' is 1. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property owners if additional area or access is required. The Contractor will be required to furnish the Agency with written releases from property owners where side agreements or special casements have been made by the Contractor. 2, During the time that the work is in progress,the Contractor shall make every effort to 4., maintain the site in a neat and orderly condition. All refuse,broken pipe,excess fill material,cribbing,atz.,shall be removed as soon as practicable. Should the work not be maintained in satisfactory condition, the Agency may cause the work to stop until the cleanup portion of the work has been done to tie satisfaction of the:owner and/or the Agency. Unusual conditions and sqccial situations may cause final cleanup and restoration to be delayed until the final stages of construction. 3. The term "Structure"in this casement document shall moan all permanent type building structures,bridges,retuning walls or other appurtenances requiring a Washington County building permit. Structures does not include such facilities as oaved or concrete streets or walk-ways. No structures shall be erected upon a permanent casement without the written consent of the Grantee. f. R2/95:elp Washfngton County,Oregon —, 02/22/200611:41:51 AM 2006-020491 O•E CM-1 stn-13 1 CASTILLO $40.00$6,00$11.00•Total a$57,00 00912484200600204910080080 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII{IIIIIIIII AFTER RECORDING,RETURN TO. ens Ea Hanson,Director of Assessment Intl TlnHon ORltio County Cterk ror Washington County, Wagon,do hereby certify that the wahin lnetrummt of writs ng w.s n cll ved Intl raeeNedln the book of * City of Tigard records of elm county 'H{ Attn: City Recorder Jerry R.Hansoq Dlreclorment and Tasatlon, 13125 SW Hall Boulevard Ee-0 Ogm aeon y tied Tigard, OR 97223 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement")is made and entered into the day of VA 2006, between THE CITY OF TIGARD, an Oregon municipal corporation(" antor") and FRED W. FIELDS ("Grantee"); WITNESSETH WHEREAS, Grantor is the record of owner of that certain real property in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached hereto and incorporated herein by reference (the "Grantor Property"); and WHEREAS, Grantee is the record owner of that certain real property also located in the City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B" attached hereto and incorporated herein by reference(the "Grantee Property"); and WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the Grantor Property for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to a public roadway, and Grantor is desirous of providing such an easement to Grantee; NOW,THEREFORE,the parties hereto agree as follows: 1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non- exclusive easement for the purposes of construction, maintenance, repair, reconstruction and replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area"). 2. Grantor's Rieht To Convey And Exceptions. Grantor warrants that Grantor has the right to convey this Easement and quiet possession for the uses to be made of the Easement Property by Grantee as set forth in this Easement, subject to all prior easements and encumbrances of record. 3. Grantee's Rights. Grantee, and Grantee's agents, employees, and independent contractors, shall have the right to enter upon the Easement Area for the construction, installation, repair and replacement of utilities and a roadway for ingress and egress to and from the Grantee Property to Hall Boulevard. I Page 1 -Grant of Basement I 4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used by the general public for library and other purposes, and agrees to notify Grantor prior to commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction, repair and replacement of improvements to be located in the Easement Area. 5. Maintenance. Grantee shall maintain and care for the Easement Area and all improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall ialso replace or restore to its original condition all portions of the Grantor Property which are damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors', agents' and invitees', negligence, actions or failures to act. 6. Agreement to Terminate Easement on Public Road Extension. Grantee acknowledges that the Easement Area is part of the alignment of an extension of that certain public roadway currently named Wall Street, and that Grantor may, at some future date, desire to extend Wall Street or its successor public roadway on, over, under and across the Easement Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor Property created by and set forth in this Easement. In consideration for delivery of said quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed, and during and after construction of said roadway extension, keep open a public access way to and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that will permit continuation of the use of such utilities without unreasonable interruption. Grantor's obligations pursuant to this Section 6 shall survive the termination of this Easement. 7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in lieu of and supercedes the easement described in that certain License Agreement between Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the Grantor Property upon circumstances described in the License Agreement. Grantee acknowledges and agrees that the easement granted herein is in lieu of the easement described in the License Agreement and the grant of easement contained herein fully satisfies Grantor's obligation to grant an easement to Grantee as described in the License Agreement Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is not terminated by the easement granted herein, but shall remain in effect until such time as Grantee shall have actual, physical access to the Grantee Property. 8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement Property by Grantee, its agents, employees, independent contractors, and other such parties. Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall have no liability to Grantee or others using the Easement Property by or through Grantee. 9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that I Page 2-Grant of Easement Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof in Grantee for the purposes stated herein. 10. Time. TIME IS OF THE ESSENCE of this Easement. 11. Notice. All notices given pursuant to this Easement shall be in writing and shall be effective when personally delivered, or if mailed, notice shall be deemed effective 48 hours after mailing as registered or certified mail, postage prepaid, directed to the other party at the address below or such other address as the party may indicate by written notice to the other: City of Tigard Fred W. Fields Attn: Agustin P. Duenas, P.E. 1149 SW Davenport Street City Engineer Portland, Oregon 97201 13125 SW Hall Boulevard Tigard, OR 97223 12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses provided by this Easement are unique in that money damages along for breach of this Easement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. 13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. The rights granted herein run with the land for the benefit of the Grantee Parcel and as a burden upon the Grantor Parcel 14. Attorneys' Fees. In the event suit or action, including arbitration and any action pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the prevailing party shall be entitled to recover from the other party such sums as the arbitrator or court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review. 15. Severability. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Easement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 16. Modification or Amendments. No amendment, change or modification of this Easement shall be valid, unless in writing and signed by all the parties hereto. 17. Waiver. Failure of either party at any time to require performance of any provision of this Easement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a Page 3 -Grant of Easement i waiver of the provision itself or any other provision. 18. Entire Agreement. This Easement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. IN, WITNESS WHEREOF, the parties have executed this Easement as of the day and year first above written. GRANTOR: GRANTEE: The City of Tigard, an Oregon munici all corp ration By: 'Craig Prosser Fred W. Fields Its: City Manager STATE OF OREGON ) County of WAstien rl ) 7`L This instrument was acknowledged before me on this day of 2006,by Fr,* ✓• �i e Ct��s OFFICIAL SEAL NOTARY P C for Oregon DIANE M JELDERKS NOTHRY PUBLIC-OREGON COM�AISSION ND.373021 MY COMMISSION EXPIRES SEPT.25,2DD7 State of Oregon ) County of j �i ) ff cJ t This instr unentJwas acknowledged before me on this x-10 day of fi'N U1�'j , 2006,by tC • A . NEWII7N� A-5515T/T(JT'F(3 T+io'G(7\( Ww/-FCti�'rC OFFICIAL SEAL TRY PU9LIC for Oregon J BENGTSON '... ' NOTARY PUBLIC-OREGON '.. COMMISSION N0.366086 MY COMMISSION EXPIRES APR.27,2007 Page 4-Grant of Easement EXHIBIT"A" Legal Description of Grantor Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Comer on the south line of the W.W. Graham DLC # 39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59"E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot I Edgewood and the True Point of Beginning; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 861.59 feet to the easterly right-of-way of SW Hall Blvd.; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the south line of said Lot 1; thence S 87° 39' 50"E, along said south line, a distance of 846.57 feet to the east line of said Lot 1; thence N 02° 51' 59"E along said east line, a distance of 339.70 feet to the true point of beginning. Page 5 -Grant of Easement EXHIBIT"B„ Legal Description of Grantee Property Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Re-entrant Comer on the south line of the W.W. Graham DLC #39 also being the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot 1, a distance of 150.10 feet; thence leaving said north line N 05° 47'30"E a distance of 597.45 feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad formerly Oregon Electric Railroad; thence S 42° 16' 12"E, along said southerly right-of-way, a distance of 398.74 feet; thence S 40° 07' 12"E, along said southerly right-of-way, a distance of 1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41"W,along said south line, a distance of 1349.24 feet to the point of beginning Page 6-Grant of Easement Exhibit"C" Legal Description of Easement Area Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County Survey Records; thence S 87° 39' 27"E, along said south line, a distance of 291.15 feet; thence N 75° 44' 01"E a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 113.89) and a length of 114.16 feet; thence N 621 04"44"E a distance of 472.50 feet to the east line of Lot 1 Edgewood; thence N 02° 52' 19"E, along said east line, a distance of 43.09 feet to a 5/8"Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1; thence N 87°40' 14"W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04' 44" W a distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23"E, 99.62) and a length of 99.86 feet; thence S 14° 15' 59" E a distance of 60.00 feet to the true point of beginning. Containing 35234 square feet. Page 7-Grant of Easement Exhibit"C" Drawing Showing Easement Area I � I � ! a a i I y SW HALL 8L 000000 000000 0 00000 000000 000000 000000 000000 s 9� :S+ Z c, v Zr Page 8 -Grant of Easement I ; CWF(G National Title Insurance Company a Williyum Finar '01(ieuup LW)rAany Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 22, 2012 FIRST SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1 W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: added sales price WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officerat 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 13, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search 1 $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: Unknown Successor Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 14. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. Page 5 of 7 OR Supplemental Report Order No. 12003172 15. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 16. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89°23' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043' West 1349.96 feet (not South 89023' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 CWF(G National Title Insurance Company a Wirilliywn Firwxial Group company Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: June 28, 2012 SECOND SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property Address: 2S1 W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Added Memo of Option Agreement and changed vestee to reflect trustees name. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officerat 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on June 19, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charae $5,150,000.00 $8,325.00 Basic Owner $8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of . We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. A certified copy of the death certificate for FRED W. FIELDS, former Trustee, of the Fred W. Fields Revocable Living Trust, should be furnished for recordation. 16. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and Stewart Title Guaranty Company, and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company and/or Stewart Title Guaranty Company. 17. Any unrecorded leases or rights of tenants in possession. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043' West 1349.96 feet (not South 89023' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNTS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfgnationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 Rational Title 1psuran;ce Company a V llism F rkamial Genup COMPAlly Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1 W01 -1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officerat 503-219-9088 or email at tcheyne@wfgnationaltitle.com. Page 1 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on July 11, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Charge $5,150,000.00 $8,325.00 ._......... -- Basic Owner 8,325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search 1 $25.00 Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing. 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 of 7 OR Supplemental Report Order No. 12003172 Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof, thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE B GENERAL EXCEPTIONS 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS 6. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife, et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad. Page 4 of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner - see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page 5 of 7 OR Supplemental Report Order No. 12003172 i 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18. 2012-2013 taxes, a lien not yet payable. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No. R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on teh Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 of 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023' West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzler land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized" South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043' West 1349.96 feet (not South 89023' West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report I Diane Brokke dbrokke@wfgnationaltitle.com Page 7 of 7 , OR Supplemental Report Order No. 12003172 SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date:June 21, 2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporation From,funds deposited herein at the specific request and direction of the undersigned,Escrow is instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are authorized to invest into an interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No. 12003172. All interest received from said investment shall be credited to the account of Metro, an Oregon Municipal Corporation, and IRS Form 1099 may be filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. The undersigned acknowledges that the interest rate and performance of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks associated with the investment. Escrow is hereby held harmless and free from liability regarding the performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this&rl day of June, 2012. Mlds7iTrust By: William R.Ta myer Its: Trustee BUYER: Executed thisday of June, 2012. Metro, an Oregon Municipal Corporation By: Its: RECEIVED THIS Y OF June, 2012 WFG National Ti surance Company By: Trevor Cheyne OR Escrow Instructions-Int.Bearing Acct. SUPPLEMENTAL ESCROW INSTRUCTIONS INTEREST BEARING ACCOUNT INSTRUCTIONS To: WFG National Title Insurance Company("Escrow") Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date: June 21, 2012 RE: Escrow No. 12003172 Seller: Fred Fields Living Trust Buyer: Metro, an Oregon Municipal Corporation From funds deposited herein at the specific request and direction of the undersigned,Escrow is instructed to transfer the sum of 50,000.00, representing Earnest Money, to Bank of America, which you are authorized to invest into an interest bearing account in favor of WFG National Title Insurance Company, FBO Metro,an Oregon Municipal Corporation,Escrow No. 12003172. All interest received from said investment shall be credited to the account of Metro, an Oregon Municipal Corporation, and IRS Form 1099 may be filed with the Internal Revenue Service under the name of Metro, an Oregon Municipal Corporation using the Taxpayer Identification Number pursuant to the W-9, request for Taxpayer Identification Number and Certification, which shall be deposited herein by Metro, an Oregon Municipal Corporation. The undersigned acknowledges that the interest rate and performance of the investment are not guaranteed nor does FDIC insurance fully protect the account balance, and hereby accepts the risks associated with the investment. Escrow Is hereby held harmless and free from liability regarding the performance of the investment. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE INSTRUCTIONS THAT THEY ARE THE COMPLETE INSTRUCTIONS BETWEEN THIS FIRM AS THE ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. SELLER: Executed this day of June, 2012. Fred Fields Living Trust By: William R.Tagmyer Its: Trustee BUYER: Executed this day of June, 2012. n ore g Munici orporation a,"A fZ• Cok� f� . Q� Its: a4CGOvst�jktl'p61,01)4h ClOTV? L9-,rRECEIVED THISAY OF June, 2012 WFG National Titlerance Company By: Tr o eyne OR Escrow Instructions-Int.Bearing Acct. Form W-9 Request for Taxpayer Give Form to the Department of Identification Number and Certification requester. I not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Metro Business name/disregarded entity name,if different from above N m m ll1 OL Check appropriate box for federal tax C O classification(required): ❑ Individual/sole proprietor ❑ C Corporation ❑S Corporation ❑ Partnership ❑ Trus Vestate N G OZ11._ 1 -02 [:] Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► o -------------------------------- Exempt payee C N C ❑✓ Other(see instructions)► municipal corporation !_ Address(number,street,and apt.or suite no.) Requester's name and address(optional) 0 CIL 600 NE Grand Avenue N City,state,and ZIP code m Portland OR 97232 List account number(s)here(optional) WD Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line I Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other -m - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a Im TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. M-9 - 0 1 6 1 3 1 6 1 31 1 Certification Under penalties of perjury,I certify that: 1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be Issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. $ign Signature of Here U.S.person► Date ll- (�p �� �� Z� C�`fJ'o ACGou, ( � General Instructions �/1, `J Note.If a requester gives you a form other than Form W-9 to request CbM�114vfLP 0090,31- your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the taws of the United States, you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. .A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person pncluding a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Forth W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.1-2011) 600 Ne Grand Ave. www.oreganmetro.gov Portland, OR 97232-2736 503-797-1792 fax Karen M.Starin Senior Paralegal 4 - (503) 797-1557 Metro I Office of Metro Attorney karen.sterin@oregonmetro.gov June 22, 2012 Trevor Cheyne WFG National Title Insurance Company 1211 SW Fifth Avenue, Suite 2130 Portland, OR 97204 Re: Fields Trust to Metro; Metro File No. 16.009 No Site Address, Tigard, OR 97223 2S 1 W01 01200, Washington County Title Order No. 12003172 Dear Trevor: Metro has entered into an Agreement of Purchase and Sale with William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust, for the property described in the above-captioned title report. The parties wish WFG National Title Insurance Company to act as Escrow Agent in this matter. Closing is scheduled for on or before September 18, 2012. On June 21, 2012 1 emailed to you a pdf copy of the executed Agreement of Purchase and Sale. I enclose herein a signed and notarized Memorandum of Option, Metro's W-9 and the title company's interest bearing account escrow instructions, executed by Metro. On June 28, 2012 Metro will wire into your escrow account funds in the amount of$50,000 (earnest money). Please take the following actions: 1. Set up an escrow account and deposit the $50,000 earnest money in a federally insured interest bearing account; 2. Record the Memorandum of Option in Washington County, Oregon Deed Records; 3. Charge Metro the recording fee to be debited against Metro at the time of closing; and 4. Update the title report showing said recording and forward copies of the updated report to me and to Seller and his attorney at the address listed on page 9 of the Agreement. If you have any questions, please call me at (503) 797-1557. Thank you for your assistance. We look forward to working with you on this transaction. Sincerely, Karen M. Starin Senior Paralegal cc: Ashley H. McCarron, Barbara Edwardson William R. Tagmyer/Richard Canaday Washington County,Oregon 2012.052747 06/28/2012 03:43:23 PM D-O Cnt=1 Stn=7 K GRUNEWALD $15.00$5.00$11.00$15.00-Total=$46,00 01721189201200527470030036 I,Richard Hobernicht,Director of Assessment and Taxation and Ex•Offlclo County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was rscelved a d re orded In the book of records of said coin t AFTER RECORDING,RETURN TO: Richard Hobernicht,Director of Assessment and Metro Taxation,Ex-Officlo County Clerk Office of Metro Attorney 600 NE Grand Avenue Portland, OR 97232-2736 Tax Statements: No change requested MEMORANDUM OF OPTION 0 U This is a memorandum of that certain Purchase and Sale Agreement entered into by and between William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust("Seller"), and Metro,an Oregon municipal corporation("Purchaser"),which agreement is dated effective �:n rl p_ Z 0 , 2 0 12, [dated to be filled in by Metro]. M Pursuant to the referenced agreement, Seller has agreed to sell to Purchaser Seller's interest in that certain real property located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200(R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and more particularly described on the attached Exhibit A. The true consideration for this conveyance is FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000). cs LL. This memorandum has been executed, acknowledged, and recorded solely for the purpose of providing notice of the agreement and shall not be construed as a conveyance of the property referenced above. If any inconsistency or conflict arises between the provisions of this memorandum and the agreement,the terms of the agreement shall control. E IN WITNESS WHEREOF,the parties have caused this memorandum to be executed as of the 0 date set forth above. rn c 72 O Purchaser: Seller: aU i-t3 tY E c � N METRO Co o � E Q Z Name: / /��/�`ti T �e h n e }� William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust Title: Chie-FoperoLh,nq 010 i Date: Date: I-Memorandum—Fred W. Fields Revocable Living Trust State of OREGON County of_M ,)ftwcih, This instrument was acknowledged before me on J,j rK 9 2012, by William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust. OFFICIAL S:KE Not Public- State of Oregon HELEN PA NOTARY PUBLIC EGON COMMISSION N8848 MY COMMISSION EXP!RcS J ,2012 I State of OREGON County of MULTNOMAH This instrument was acknowledged before me ony u n 2 2—0 , 2012, by Mad�o% 07 Bey, n oL as C4ie f Q e ra'n n q 0 iG 1— of Metro. Z-7" OFFICIAL SEAL Notary Public - State regon KAREN M sTARiN L o M i S f<o V% 0 0. 4 S 1 5j Cc CTS PUBN -.e45i1OREGON IYN E�p e f Se t . 2 9 Mr coMMI�oN ES SE 14 P 9 , ?0114 i i i 2-Memorandum—Fred W. Fields Revocable Living Trust Exhibit A Property Legal Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South,Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1°27'East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD;thence North 89°07'West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90,page 271; thence North 4°13'East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83,page 163; thence South 43°44'East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41'35'East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian;thence North 88°43'West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22,2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon.The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line,with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records;thence South 87°27'East,along said South line, a distance of 291.15 feet; thence North 75°44'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left;thence along said curve to the left with a radius of 479.00 feet, a central angle of 13°39'17" (a chord which bears North 68°54'23" East 113.89) and a length of 114.16 feet;thence North 52°04'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02°52'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87°40'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet;thence South 62°04'44" West a distance of 455.14 feet to a point of curve of a curve to the right;thence along said curve to the left with a radius of 419.00 feet,a central angle of 13°39'17" (a chord which bears North 68°54'23" East, 99.62)and a length of 99.86 feet; thence South 14015129" East a distance of 60.00 feet to the true point of beginning. 1 —Exhibit A- Memorandum—Fred W. Fields Revocable Living Trust 600 NE Grand Ave. www.oregoemetro.gov Portland,.OR 97232-2736 503-797-1792 fax Ashley H. McCarron Senior Attorney Telephone: (503)813-7522 Metro I Office O f Metro Attorney ashley.mccorron@oregonmetro.gov ESCROW INSTRUCTIONS September 6, 2012 Trevor Cheyne WFG National Title Insurance Company 25 NW 23`d Place, Suite 1 Portland, Oregon 97210 Re: Fields Trust to Metro and the City of Tigard (Metro File Number 16.009) No Site Address,Tigard, Washington County 2S1W0101200 Order Number 12003172 Mr. Cheyne: Metro, an Oregon municipal corporation , and the City of Tigard, an Oregon municipal corporation, (hereafter, "Metro" and the "City"), requests your assistance with the closing of the purchase of real property in the County of Washington, State of Oregon (the "Property"), more particularly described in WFG National Title Insurance Company's Third Supplemental Preliminary Title Report,#12003172, effective July 11, 2012 (the "Title Report")from William R. Tagmyer,trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Seller"). 1) Documents Delivered by Metro and The City Enclosed are the following documents: a) A copy of the Statutory Warranty Deed from Seller to Metro and the City (the "Deed"), acknowledged and approved by Metro and the City and original forms of Conveyance Acceptance, executed by Metro and the City, to be attached to, and recorded with the Deed; b) A copy of the Buyer's Estimated Settlement Statement, executed by Metro and the City (the "Settlement Statement"); c) The Title Report, approved by Metro and the City; and d) A copy of Metro Council Resolution Number No. 07-3837, adopted: September 6, 2007, authorizing the acquisition of the Property and a copy of Metro Council Resolution Number 11-4289, dated September 8, 2011, appointing Martha J. Bennett as Metro's Chief Operating Officer; and e) A copy of City of Tigard Resolution No. 12-30, authorizing the acquisition of the Property. September 6, 2012 Page 2 2) Documents and items Delivered by Seller Prior to closing,you shall receive under separate cover from Seller the following documents: a) The Deed, executed by Seller and notarized, in the form acknowledged and approved by Metro and the City, as described above; and b) Any other documents as may be required of Seller by Title Company to close this transaction and issue the title policy referenced in Section 4(a) below. 3) Funds Closing Costs. In accordance with the Settlement Statement, escrow fees shall be paid one-half by Seller and one-half by Metro. Seller shall pay the premium for the title insurance policy and for all conveyance or excise taxes payable by reason of the purchase and sale of the Property. Metro shall pay the fee for recording the Deed. Metro shall pay the fee, if any,to "buy-back" the Deed from the Washington County Recorder. a) Prorations. All real property taxes and assessments payable, if any, with respect to the tax year in which closing occurs shall be prorated between Seller and Metro as of the closing date, based upon the 2011-2012 tax amount. b) Wire. On or before closing, Metro and the City of Tigard will wire funds to escrow in accordance with the Settlement Statement. The City will wire $2,000,000. Funds deposited by Metro, in addition to the City's$2,000,000 deposit, will total the purchase price of $5,150,000, plus costs, less Metro's$50,000 earnest money deposit, previously deposited by Metro into escrow on July 28, 2012. 4) Conditions Precedent to Closing a) You shall be prepared, pursuant to the Title Report, to issue a standard owner's title insurance policy immediately upon closing in the amount of Five Million One Hundred Fifty Thousand Dollars ($5,150,000) insuring fee simple title to the Property vested of record in Metro, an Oregon municipal corporation, and the City of Tigard, an Oregon municipal corporation, as tenants in common, subject to no encumbrances, liens or exceptions except those matters shown in the Title Report as exceptions numbered 1-5 and special exceptions numbered 7-12 and 18. Metro will not accept title or the issuance of the title insurance policy subject to special exceptions numbered 6 and 13-17 or any new exceptions showing after the date of the Title Report. b) Prior to closing, title is to be brought down to date and the final policy is to insure title as of the date of recordation; c) You have received all documents referred to in sections 1 and 2, above; d) All conditions set forth in this section 4 have been satisfied; and September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred,you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 6) Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grind Avenue, Portland, OR 97232,Attn: Karen M. Starin:the original recorded Deed; the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions,the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company,the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503) 797-1557. Sincerely, A City of Tigard arron By: Senior Metro Attorney Its: September 6, 2012 Page 3 e) You have received final authorization from the undersigned or from Karen Starin to close. 5) Closing At such time as you have received the documents and funds discussed above, and have fully complied with the conditions stated, and each of said conditions has fully and completely occurred,you shall close and record documents in the order as follows: a) You are to record the Deed in the real property records of Washington County. b) You are to confirm the issuance of a standard owner's title insurance policy referred to above. c) You are to deliver the purchase price to Seller, and make all other disbursements set forth in the Settlement Statement. 61 Please "buy-back" from the Washington County Recorder the original recorded Deed from Seller to Metro. Upon close of escrow, please deliver the following to Metro, Office of the Metro Attorney, 600 N.E. Grand Avenue, Portland,OR 97232,Attn: Karen M.Starin:the original recorded Deed;the final settlement statement; the fully executed original of these escrow instructions; and the original title insurance policy referred to above. Please note that any refund check should be payable to "Metro, an Oregon municipal corporation." It has been agreed between the parties that closing shall occur on or before September 18, 2012, in accordance with the foregoing instructions. In the event that closing does not occur in strict accordance with these instructions, the same may be terminated by written notice from Metro, and all funds and documents deposited herein returned to the party making such deposit. If there is a conflict between these escrow instructions, and the escrow instructions created by WFG National Title Company,the terms of these escrow instructions shall control. Please acknowledge receipt of these instructions, and your company's agreement to act in accordance with them, by signing and returning these escrow instructions to the attention of Karen M. Starin, Office of the Metro Attorney. If you have any questions regarding this transaction, please contact her at (503)797-1557. Sincerely, fyf�tro { City of Tigard JUA k/ Ic Ashley N1M `Carron By: Senior Metro Attorney Its: C I T)( /U A-7Q 46 Fle- September 6, 2012 Page 4 We have received the original of these instructions and agree to act in strict accordance with these instructions. WFG National Title Ince Company By: R Title: r Date: t 0/1 t7� PURCHASER'S ESTIMATED SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 Sale From: WILLIAM R.TAGMYER,Trustee of THE FRED To: Metro,an Oregon Municipal Corporation W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland,OR 97232 Lake Oswego,OR 97034 City of Tigard,an Oregon municipal corporation 13125 SW Hall Blvd. Tigard,OR 97233 Property: 2S1 W01 -1200 Tigard, OR 97223 Purchase Price _..__.._ ...... _...__ _.__ _....._.__.. .__-_._. ___._._ _.___-..S5,150,000.00 Plus: Charges Escrow/Closing Fees to WFG National Title Insurance Company _____. _...._._ ......_ _._. _____$624.50 1/2 of Escrow Fee 1/2 of Courier/Delivery Fee _._.. __ ._...$12.50 Record Memo of Option2012 052747 . ........... _.._ ....... ..... ___$46.00 Record Statutory Warranty Deed-EST ._.____ _____ -_--_ ............ .................$66.00 Total Charges._- -___ _.._.... ._._.__.. _..__. .......... -_.__. _-_--_..._.._.S624.50 Gross Amount Due By Purchaser ....__. --__ --__. __.._S5,150,624.50 Less: Credits 2012-13 Tax Proration-7/1 to 9/13($47.59 per day) ........ ................ ___ .—__ __._ ___..._$3,521.66 Earnest Money ___ __.__ __.__. ___....___. __-____ .__..._$50,000.00 Funds for closing from City of Tigard ...... Accrued Interest in Deposit-TBD from Metro... Total Credits____ __..__ __-_- --__-.._._.... -. . ._..$2,053,539.66 Balance Due by Purchaser............. ._. ._......._ --__.._...._ .__.._. ..-._...__._.�3.097.0a Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be famished a copy of this statement. Purchaser understands that tax and insurance pronnions and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment- The undersigned also acknowledges receipt of Loan Funds,if applicable,in the amount shown above and a receipt of a copy of this Statement j i Printed at: 09/06/2012(11:00 arn) Compliments of WFG National Title Insurance Company WG National Title Insurance Company Metro,an Or n municipal corpoartion By _..._._ - # Trevdi°l:he e _-"' M f7-A 1. qC n N e '1 ts: City of Tigard,an Oregon municipal corporation By: Its: u WFG National Title Insurance Company Metro,an Oregon municipal corpoartion By Trevor Cheyne By: Its: City of Tigard,an Oregon municipal corporation By: Its: !� iT ffl n A�F1Z After recording, return to: Ashley McCarron Office of Metro Attorney boo N.E. Grand Avenue Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED Co (Statutory Form) v William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, C}- Grantor, conveys and warrants to Metro, an Oregon municipal corporation, m Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon d municipal corporation, Grantee, an undivided 39% interest (as tenants in O common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456o8l) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except those listed on attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195-300, 195-301,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 20o9, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 201o. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.o1o, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195.3oi AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of ' 2012. William R. Tagmyer, Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The regoing instrument was acknowledged before me on 2012, by William R. Tagmyer, as trustee of the Fred W. Fields Rev able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. 1)1�n I — (_1 ry'Df OFFICIAL SEAL N(Tary Public Tor OregonHELEN ANNE PARKER i` NOTARY PUBLIC-OREGON My commission expires: 0-(�5-c;X) e' COMMISSION NO.469149 Residing at: m1I U i,C I 0p\ p\ MY COMMISSION EXPIRES JULY 05,2016 -2- PDXDOCS:1975003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/2Oo6, Recording#20o6-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. -4- PDXDOCS:1975003.1 C This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: Name: m�r � �. 3Cnne4 , CN(Qropera�-hy dmc-er OFFICIAL SEAL KAREN M STARIN NOTARY PUBLIC-OREGON State of OREGON COMMISSION NO.451569 MY COMMISSION EXPIRES SEPTEMBER 29,2014 County of MULTNOMAH This instrument was acknowledged before me on SSD :z 20 by r ° l ti �. Jeyl ne as �kfroperAkniQ CP_1 of Metro. Notary Public - State of Oregon -5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By: r Name: Ma r-41%c, L-. (A) 1 yle State of OREGON County of !/✓� !? ' �� This instrument was acknowledged before me on /� j� 20 2 by -fA ';�- as Of the City of Tigard. c Notary Public - State of Oregon O"ICIAL SEAL CAROL KRAGER OINOTARYPUBUC-OREGON COMMISSION NO.445695 MY COMMINION EXPIRES FEBRUARY 23,2014 i li �i i -6- PDXDOCS:1975003.1 I Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 /L✓I� �1�r TIV �""L p6 f'L 11 �r, If y 4 \ C®UNTY OF R;1YER: ID }l RI.VE'RSJDE.,;,;G.ALIFOR NIA CERTIFICATE OK:DEATH 3201133012930 . •..' .... : `' ..: - .FOAL PoPoUA'. . ... :. ---MEIE 05E BLACK NK0111Yl ND�ERfSVRES MWIRITS OR ALTERATIUG$ " STATE FILE NUMBER •; ;. lidREV 3106( 1 LOCAL'REGISTRATION NUMBER y , 1.NAME OF DECEDENT-RBST(31ven) ".2 MIDDLE :. 3 TAST(F iry).... X' FRED :W:• FIELDS L \f p. AKA.ALSO KNOWN AS t."AKA(RRST.MIDDLE.LAST) ESE% .. ,._ <.DATE OF BIRTH mtNCtl/ccyy 5 AGE YH;' IF D UNE YEAR 1FUNDER 24 H0 RS - Q, ontfia Ho M 11/12/1923 88 ::._ M meta : .: ' N:.9.BIRTH STATE/FOREIGN COUNTRY; 10:SOCIAL SEOURITV NUMBER., i t EVER IN U.S ARMED FORCES?' 12;MAHITAL_STAlU55PDP'Id Timed Daelhl ].DATE OF DEATH mMtltl/ccyy , B.HOUR R4 Hours) ' y.. IN: ;'` 307-14=8165 ❑X YEs ❑No ❑LINK WIDOUVED 42/13/2011 0440 - .... .... - - .r ' 13.EDUCATION HOnut Levet4leged;1//15 WASDECEDENTHISPANICAATINO(A)/BPANISHT Ol+es workafnet hedj 16�OECEDEINT$'RACE Up t_3l'aco ybolaiad{eco oikeheM on b_epM) wkaham«i oacq YES :` No CAUCASIAN w BACHELOR ❑ �. 17 USUAL OCCUPATION-Type of work for mast of lila.DO NOT USE RETIRED18.KIND OF BUSINESS OR INO(1STAY(,g,grocery soofe,matl:Ognsl__t emp)oym 9 YEARS IN OCCUPATION y' ENGINEER BUILDING YO:DECEDENT'S RESIDENCE(Sbeet entl be,Orlocei n}' .:: •-:.. 114.9SW DAVENP..ORT. _. ..: H O�'21',CITY:' : : 22iCWNTY/PROVINCE -' ..... 22 ZIP CGDE' N.YEARS IN'COUNTV.:.25 STATE/FOREIGN COUNTRY. ::•:: :.: PORTLAND :: MILTNOMAN7 97201,:: 60 OR I- 26.INFORMANTS NAME.RELATIONSHIP " 27.INFOITMANrS MuUNG Ap4RE$S(Slract Rd d or numb¢ 1 rt Stel A tl 8< 3079 COUNTRY CLUB DRIVE>CtSTA MSA CA 9226 'iMELINDA WELLS,NIECE . /7L :.:.... .: .:. ...-. l( G=O 28:NAME OFSURVINNG SPOUSE/SRDP FIRST P9:MIDDLE 30 LAST(BIRTH NAME) "G.o .31.NAME'OF FATHER/PARENT7F"ST ;; 32 MIpOLE 33'1AST 34.BIRTH STATE N z MAHLON..:: ",' FIELDS IN a w 35.NAME OF MOTHER/PMEM­FIRST :36 MIDDLE .: 3B BFlTH STATES T,!aIRTH NAME) .. to a ETHEL,, MY�RLY :: Z, IN Or 'y4PCE OK..F.NAl'01,5PO51TIORIVERVIEW ABBEYJ9:D15POSRIONOATE mn/d - 1'2/15/201.1, 0319 SW TAY ORS F;ERRY.ROAD;..PORTLAND,OR 97219 f •:' ¢V 41,TYPE OF DISP.OSmON(S) 42 SIGNATURE OF EMBALMER 43 LICENSE NUMBER 1 J CR/TR/BU:: f NOT EMBALMED 1U 44.NAME OF FUNERAL ESTABLISHMENT 45 UCENSEJiUMBER_ 46 SIGNATLRE OF LOCAL REGISTRAR 47 DATE mm/tld/ yy ... :.. :. LL 9 FITZHENRY-WIEFELS CR&'8U SRVC FD2051 .,,._; ')CAMERON KAISER,MD,;,. 12/14/2Q11 102:IF HOSPITAL,SPECIFY ONE 103.1E OtHER THAN It SPITAL,'SPECIFY ONE 101.n _ ' PI-AGE Of DGT}t'..:'::.. ... j ., .COUNTRY VILLA RANCHO MIRAGE HEALTHCARE CTR Elto ❑°°P 1:1Do^ ❑' ❑X i�Tc ❑' `$❑ol- f •: i\ a y� IN COUNTY - 105 FACILITYADDRESSORLOCATION WHERE FOUND(SRS4t a,E ber,mto ) 106.CITY - - 5 RIVERS IDE39950.VISTADEL SOL RANCHO MIRAGE fl .' 107.CAUSE OF DEATH. : Ener ft ch ki dl f dsea4e ran¢ or.mmWral - tial dveciN caused d—DO NOT t r'temmat such - Time hi­1 BENIC_n. 1OB DUH PaPaR_Tc)ON i? cerdlac'am", Nratmariml, venldNe-'Atr•alwn vMtGuAslwwng me eaobgy.DO NOTABBREVIATE ,. 0n aMDea YES IMMEDIATE CAUSE (a ACUTE RESPIRATORY`ARREST ❑ „�„�;,a❑ • (Fiwl tl's¢ase or dodtlN reaufYng-► IfVIMED x C -- in deathl.,. : • 109 BIOPSY PERFORMED? ISLARGE BILAT! RAL PLEURAL EFFUSIONS �" i.' Sadue tLIN.r� :. SLS NO 'earwn Item, HRS. 11 .. ... __ g to (q -- - (CT) 110 AUTOPSY PERFORMED? UNDERLYING 4M8EXTENSIVE METASTATIC CANCER OF PROSTATE .. o CAUSEmadlaeeae cT mos. ❑vEs ❑No w InflalM the avems �! : ,IDT) 111ISE01NDETCi lA1NING4AUE? to _-ng In-t,)LAST ••. '-'... :. .. 112.OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RESULTING IN THE UNDERLYING CAUSE GIVEN 1N'40] , ATRIAL FIBRILLATION 113O'WAS OPERATION PERFORMED FOR ANY GONDmON IN REM 107 oR 112?m ye I'si type Pl operel d dal) YES. 0 NO ulw ASN = 114.ICSTRFYTKgIOTFEBESTCEkffK47M��rFAH Ob 115 -{RiE .SIGNATURE ANDOFGERTIFIER 116-LICENSE NUMBER 117 OATS.mm/t10/ccyy S ArT1Ep43 HJLRE"RACE SW�Ri7NT1 (/0 ECAjSEB9 ® .., �� IxvedelnAne�mds� papadaLaa+sm ►RICHARD GBYRD M _ G42098 .: (A), mMtld/ccyy (B) mm/dd/ccyy 118.TYPE ATTENDING PHYSICIAN'S NAME'MAILING ADDRESS,ZIP CODE R CHARD G BY M D 01/12/2608 12/12/2011t.:,. 74-7$5.HWY 111 STE 101,INDIAN WELLS,CA 92210 'y R 119.!CXFRFYl1L0MMY0P1liOV CEiVH.00UA�ATl1E HOlA p41E:<fDR.....$Tf1FD�FFU4lFE(%•11£S SVOED.:. 120,INJURED WORK? 121.INJURYDATE mn✓dNbcri 122.HOUR R4 Hours) ,p .. ... MANNER OF DEAD►❑N t Accltlml❑HCYr4ofle Sud[tl❑ ❑NO 8r \' 123:PLACE Of INJURY(9 M10 a co t c1 sM1e;wooded tc;9 Cabo Ue b tit '�dsterteined .. 1. 124.DESCRIBE HOW INJURY OCCURRED(E...-kh msOhad m mj.,y)to ' . .. - �' -" ¢ 125.LOCATION OFINJURY(St 1.nE umb fur ldeallon,end dlY entlIda" • • .. O .... 126:SIGNATURE OF CORONER/DEPUTY CORONER. /27DATE mMddl�yy 328 TVPE NAME TRLE OFCORONER•/GEPUIV CORONER -.. .. .: STATE A B C D - .E IpIIIIIIIIIIIIIIIIIIIllllllllu�lllgllllflllinllllllllllllllllllllll�lllli FAX AIfrHq '.. CENSUS TRACT REGISTRAR "'010001007939745' Re. CERTIF GOP VhAL RECORDS o F STATE OF 4J- UFORNIA.; 1 y�P..... .. rye SS g IIIIIhH��II����1011i��i�IliI �III��I �� DFP 4� EL RIE< COUNTY O) 12IVERSTDE } s This is a true and exact reproduction of the ocuinent officially re tstered;'and , A� , " v placed on,file In.the office of the County of Riverside •: ,: � , ` ® m Department otHealth WOl W Dec. 1:5,2011 0; 1 $: 4 3 :Eric.Frykman,M D Local Registrar._ * C pSTp AL4 �/f1 DATE ISSUED : : RIVERSIDE COUNTY CALIFORNIA �1S71CS.,' , / This copy notvalid unless prepared qn engraved{TOFder display ngaeal and signature of RegTsCrar;, 0 n gIIFORNYP _ _ �'v► i / p.�. • • • • `�-'`� ,g � •- '.r LH/r/ I��1 ���'�-`:' � �pr-,_ 4�\\ �•- s-jl II n �"' '�n� �C^ _-tel �✓'/� . T sirs •?', After recording, return to: Ashley McCarron Office of Metro Attorney d awed 600 N.E. Grand Avenue Portland, Oregon 97232-2736 t Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services 600 N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009, Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon municipal corporation, Grantee, an undivided 39% interest (as tenants in common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456o8l) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly described on attached Exhibit A (the "Property"), free of encumbrances except those listed on attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.3o1,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2oo9, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 201o. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND :REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.oio, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY -1- PDXD005:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2Oo9, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of 2012. William R. Tagmyer, Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The foregoing instrument was acknowledged before me on 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Rev able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. i OFFICIAL SEAL N ary Public or Oregon HELEN ANNE PARKER j NOTARY PUBLIC-OREGON My commission expires: 4-7-���/� COMMISSION NO.469149 j Residing at: M1� Y1 � `(1q K - 1 ( 0 MY COMMISSION EXPIRES JULY 05,2016 2 PDXDOCS:1975003.1 ----------------------------------------- Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 580, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon, 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted.to City of Tigard under instrument recorded 2/22/2Oo6, Recording#2oo6-020491, Oficial Records of Washington County, Oregon. 7. 2012-2013 taxes, a lien but not yet payable. -4- PDXDOCS 1975003 1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: Q2 ezxclv, — Name: M1,rtIX �T. Ben ne4 perahr5 VFkr-ef SEAL STARIN C-OREGON State of OREGON NO.451569 Im TEMBER 29,2014 County of MUL.,TNOMA I This instrument was acknowledged before me on � � 20_1? by M tx-r t�,ti 7 8eygne- as of Metro. Notary Public - State of Oregon -5- PDXDOCS:1975003.1 This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By:, Name: State of OREGON County of This instrument was acknowledged before me on - 20 by _as_ of the City of Tigard. Notary Public - State of Oregon -b- PDXDOCS:1975003.1 Ott d ` d ' V ed algid oved CG National Title Insurance Company a fViYin�n @nemvriai ljmup eon+pany Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2SIW01 -1200 - Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro,an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 1S being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officerat 503-219-9088 or email at tcheyne@wtgnationaltitle.com. Page 1 of 7 012 Supplemental Report Order No. 12003172 d d�A4tz!� trend and Approved CCWFG Sac'sozaI Tinte Insurance o npany° sY4"s3�igtanef en9�'slif t"ieonp.�vryra�ti Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Date Prepared: July 19, 2012 THIRD SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 12003172 Property: 2S1W01 - 1200 Tigard, OR 97223 Seller: Fred Fields Living Trust Buyer Metro, an Oregon Municipal Corporation THE PRIOR REPORT IS REVISED FOR THE FOLLOWING: Removed Exception 15 and 16 and added new Exception No. 18 being 2012-2013 taxes a lien, but not yet payable. WFG National Title Insurance Company is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance issued by Stewart Title Guaranty Company and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Any questions regarding this transaction should be directed to Trevor Cheyne, your escrow officerat 503-219-9088 or email at tcheyne@rrrfgnationaltitle.com. Page 1 of 7 OR.Supplemental Report Order No. 12003172 SCHEDULE 1. The effective date of this preliminary title report is 8,00 A.M. on July 11, 2012 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement-DescriiotionLiability i. C are ^� -- _— $5,150,000.0 $8,325.00 Basic Owner l5 325.00 PROPOSED INSURED for Owner's Policy Metro, an Oregon municipal corporation -_ ._._._..-- — .... --- -- -.....— — ------- --� NOTE: WFG National Title Company is prepared to issue a Stewart Title Policy Local Government Lien Search Agent portion of above Premiums is: 0 Underwriter portion of above Premiums is: $915.75 This is a preliminary billing only, a consolidated statement of all charges, credits and advances, if any, in connection with this order will be provided at closing, 3. Title to the land described herein is vested in: William R. Tagmyer, Trustee of THE FRED W. FIELDS REVOCABLE LIVING TRUST under Revocable Living Trust Agreement dated February 17, 2009 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is described as follows: SEE ATTACHED EXHIBIT "A" Page 2 o 7 OR Supplemental Report Order No. 12003172 , Exhibit "A" Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1.027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Page 3 of 7 OR Supplemental Report Order No. 12003172 SCHEDULE GENERAL EXCEPTIONS 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. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS E. City liens, if any, of the City of Tigard. We find none as of June 7, 2012. 7. Easement, including the terms and provisions thereof: For sewer line and appurtenances with reservation by grantor From Fred W. Fields and H. Suzanne Fields, husband and wife,et al Granted to City of Tigard Recorded December 8, 1975 Book 580 Page 313 Affects 10 foot strip, lying Westerly of the Westerly right of way line of the Oregon Electric Railroad, Page 4of 7 OR Supplemental Report Order No. 12003172 8. Easement, including the terms and provisions thereof: For Anchor Granted to Portland General Electric Company, an Oregon corporation Recorded September 16, 1971 Book 835 Page 507 Affects a strip of land 6 feet wide in the Easterly portion of premises - see document for location 9. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County, a municipal corporation Recorded April 18, 1973 Book 920 Page 38 Affects a strip of land being 30 feet wide along the Westerly portion of premises - see document for actual location 10. Easement, including the terms and provisions thereof: For Permanent Sanitary Sewer Granted to the City of Tigard Recorded January 18, 1995 Recording No. 95003861 Affects A strip of land in the most Northeast corner- see document for actual location 11. Easement, including the terms and provisions thereof: For Sewer Granted to Unified Sewerage Agency of Washington County Recorded July 18, 1995 Recording No. 95049211 Affects A 15 foot strip in the Westerly portion of premises - see document for actual location 12. Terms and provisions of Grant of Easement and Maintenance Agreement: For Utilities and ingress and egress From the City of Tigard, an Oregon municipal corporation To Fred W. Fields Recorded February 22, 2006 Recording No. 2006-020491 Affects Appurtenant easement insured herein 13. Memorandum of Option, including the terms and provisions thereof: Regarding Purchase and Sale Agreement Dated June 20, 2012 Between William R. Tagmyer, trustee of the Fred W. Fields Revocable Living Trust (seller) And Metro, an Oregon municipal corporation (purchaser) Recorded June 28, 2012 Recording No. 2012-052747 Page Sof 7 OR Supplemental Report Order No, 12003172 14. Prior to the issuance of the insurance on any encumbrance or conveyance executed by the Trustee of the Trust referred to herein, a Certification of Trust must be completed and executed by the Trustees. For title insurance purposes, we will require a Certification of Trust to be completed at the time of closing for any documents which require the Trustee(s)' signature(s). 15. Intentionally deleted. 16. Intentionally deleted. 17. Any unrecorded leases or rights of tenants in possession. 18. 2012-2013 taxes, a lien not yet payable. END OF EXCEPTIONS NOTE: We find no judgments or Federal Tax Liens against METRO, an Oregon municipal corporation. NOTE: Taxes paid in full for 2011-2012: Levied Amount $17,417.27 Property ID No, R456081 Levy Code 023.74 Map Tax Lot No. 2S11-01200 NOTE: For title insurance purposes in connection with transactions involving real property interests held by cities and municipal corporations, we will require copies of teh following for Metro, a municipal corporation of the State of Oregon: a) Resolution authorizing the transction and naming party authorized to execute documents for this transaction. b) Minutes of the meeting at which said resolution was passed. c) Requirement that an acknowledgement that Metro accepts the property on ten Deed to be Recorded. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops, fixtures or contracts on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by Recorded lot and block. NOTE: Washington County Ordinance No. 193, Recorded May 13, 1977 in Washington County, Oregon imposes a tax of$1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Page 6 o 7 OR Supplemental Report Order No. 12003172 NOTE REGARDING LEGAL DESCRIPTION: The legal description has been changed because of a overlap issued on the Southerly boundary line. In February 1943, Rudolph Hunziker, widower sold premises to Tille Zucher by Deed recorded February 19, 1943 in Book 215 page 197, which described the Southerly line of the First tract conveyed therein as: "South 41035' East along the Southerly boundary of the Oregon Electric Railway Right of way 1796.9 feet to an iron pipe on the recognized South line of the said W.W. Graham D.L.C.; thence North 89023'West on said recognized South line 1387.8 feet to the place of beginning" (the place of beginning is an iron rod at the re-entrant corner of the WW Graham DLC). The recognized South line of W.W. Graham D.L.C. overlaps into Government Lots 5 and 6. Hunziker original Deed Book 90 page 271 called to the Southwest corner of WW Graham D.L.C., really was a re- entrant corner of South line of D.L.C.; thence South 20 chains, more or less, to Winzier land. Hunziker only obtained to the South line of the Donation Land Claim, not the recognized South line. Surveys were pulled being CS 9592 and CS 19137, which show the DLC line and the Government Lot lines. We have removed the word "recognized"South line, and changed to go Southerly along the railroad right of way 1736.9 feet (not 1796.9 feet) to an iron pipe and tie to the South line of the W.W. Graham DLC No. 39 and the North line of Government Lots 5 and 6; thence South 88043'West 1349.96 feet (not South 89023'West 1387.8 feet) to the point of beginning. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Diane Brokke dbrokke@wfghationaltitle.com Page 7 of 7 OR Supplemental Report Order No. 12003172 Cwrl G National Title Insurance Company a Williston financial Group company Incoming Wire Instructions WFG National Title Insurance Company Date: June 21, 2012 File No. 12003172 Bank Name: JPMorgan Chase Bank, N.A. Routing Number: 325070760 (Domestic and International) Bank Address: 811 SW 6th Avenue, Floor 2 Portland, OR 97204 Account Number: 932530033 Account Name: WFG National Title Insurance Company Account Address: Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 Reference: Please reference file number "12003172" and customer last name "To Come" Provided by Trevor Cheyne WFG National Title Insurance Company Commercial Division 25 NW 23rd Place, Suite 1 Portland, OR 97210 OR WiringInstructions CWFG NationalTitle Insurance Company e L nFin 6.1(''—,11-W, Certification of Non-Foreign Status Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. Real Property interest by Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 ("Transferor"), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor is not a disregarded entity, as defined in Treas. Req. § 1.445-2(b)(2)(iii); 3. Transferor's U.S Employer identification number is 45-6647760; and 4. Transferor's office address is 1800 Headlee Lane Lake Oswego, OR 97034. The undersigned understands that this certification may be disclosed to the Internal revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete and I further declare that I have authority to sign this document on behalf of Transferor. ��� JeOr Executed this�— day of 3ctk4y, 2012. FRED FIELDS REVOCABLE LIVING TRUST under Revocable Living rust 9gent dated February 17, 2009 By: William R. Tagmyer Its: Trustee OR FIRPTA Entity BEFORE THE METRO COUNCIL APPROVING THE NATURAL AREAS ACQUISITION RESOLUTION NO. 07-3837 REFINEMENT PLAN FOR THE FANNO CREEK LINKAGES TARGET AREA Introduced by Chief Operating Officer Michael J. Jordan, with the concurrence of Council President David Bragdon WHEREAS, on March 9,2006,the Metro Council adopted Resolution No. 06-3672,B "For the Purpose of Submitting to the Voters of the Metro Area a General Obligation Bond Indebtedness in the Amount of$227.4 Million to Fund Natural Area Acquisition and Water Quality Protection," recommending submission for voter approval a general obligation bond to preserve and protect natural areas, clean water, and fish and wildlife(the"2006 Natural Areas Bond Measure"or"Measure");and WHEREAS, at the election held on November 7,2006,the voters approved Ballot Measure 26- 80, the 2006 Natural Areas Bond Measure; and WHEREAS,the Fanno Creek Linkages Target Area was identified in the Measure as one of 27 regional target areas for land acquisition, building on the success of land acquisitions in the Fanno Creek Target Area pursuant to Metro's 1995 Open Spaces Bond Measure Program; and WHEREAS, as provided in the 2006 Natural Areas Bond Measure,Metro has undertaken a public refinement process to establish specific acquisition strategies, goals, objectives, and a confidential tax-lot specific acquisition target area map for each of the 27 target areas; and WHEREAS,Metro's refinement process included the compilation of available information about each target area;biological field visits and expert analysis of maps;interviews with key stakeholders including natural resource experts, property owners,representatives from state and local government agencies, and advocates from water quality, fish, and wildlife preservation interest groups; and eight public open houses at sites throughout the region and a"virtual" open house available via the internet, at which draft refinement plans were made available for public review and participants could share their target area priorities either in-person or electronically; and WHEREAS, on March 1,2007,the Council approved Resolution No. 07-3766A, "Authorizing the Chief Operating Officer to Purchase Property with Accepted Acquisition Guidelines as Outlined in the Natural Areas Implementation Work Plan,"authorizing the Metro Chief Operating Officer to acquire properties identified on a Council-approved target area"confidential refinement map;" and WHEREAS,the.Council has reviewed the draft refinement plans and considered information it has received from citizens, scientists, advocates, and state and local governments;now,therefore BE IT RESOLVED that the Metro Council adopts the Fanno Creek Linkages Refinement Plan attached hereto as Exhibit A, including the confidential tax-lot specific map reviewed by the Council in Executive Session on September 4,2007, and signed by Council President David Bragdon on that date, and hereby authorizes the Chief Operating Officer to acquire properties in the Fanno Creek Linkages Target Area consistent with the Council-approved Acquisition Parameters and Due Diligence Guidelines of the Natural Areas Implementation Work Plan. Resolution No.07-3837 Page 1 of 2 ADOPTED by the Metro Council this_ _day of 1& I 2007. David Bragdon, C, un> . esident Approved as to Form: aorto rZr v Daniel B. Cooper,Metr Attorney °?ajP s� �E7'RO .t 'COUNCIL ,dt TAe' Resolutiow No.07-3837 Page2 of BEFORE THE METRO COUNCIL FOR THE PURPOSE OF CONFIRMING THE ) RESOLUTION NO. 114289 APPOINTMENT OF MARTHA BENNETT ) AS METRO CHIEF OPERATING OFFICER } Introduced by Council President Tom Hughes_ WHEREAS,on February 24,2011 the Metro Council adopted Resolution No. 11-4241 ("For the Purpose of Confirming the Appointment of Daniel B.Cooper as Acting Chief Operating Officer")to fill the vacancy resulting from the former COO's resignation effective March 15,2011,and in that Resolution the Metro Council President appointed and the Metro Council continued an Acting Chief Operating Officer until a competitive process was completed to fill the Chief Operating Officer vacancy on a permanent basis;and WHEREAS,the duties and responsibilities of the Chief Operating Officer are described and provided for in the Metro Charter and the Metro Code;and WHEREAS, Section 2.20.020(a)of the Metro Code provides that the Chief Operating Officer shall be appointed by the Council President subject to confirmation by the Council by resolution,and that the Council President shall involve the Council in the hiring process; and WHEREAS,a competitive hiring process was held for the position of Metro Chief Operating Officer and the Metro Council President has involved the Council in the hiring process;and WHEREAS,on the basis of that competitive hiring process the Metro Council President has i appointed Martha Bennett to serve as Chief Operating Officer subject to Council confirmation;and WHEREAS,Martha Bennett is qualified to be the Chief Operating Officer under the Metro Code and has stated his/her intent to accept the position;and WHERE-AS,Metro Code Section 2.20.060 provides that the Chief Operating Officer shall receive such compensation as the Council shall fix by contract;and WHEREAS the Metro Council President has negotiated a compensation and employment contract with Martha Bennett in the form attached hereto,subject to approval by the Metro Council;now therefore BE IT RESOLVED by the Metro Council: 1. The appointment of Martha Bennett as Chief Operating Officer is confirmed; and 2. The Metro Council President is authorized to execute an employyi FaeUSez t with Martha Bennett substantially similar inform to Exhibit A aft GO%erem' r �y A4 ADOPTED by the Metro Council this day of5EK2 ✓ + r / 1 Tom Hughes, Council idenr=-&�s z d as toorm ct�tls�c�� )�fisca-, a.Campbell,Acting Mlett'o Atmmey i CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12- 50 A RESOLUTION .AUTHORIZING AN ASSIGNMENT AGREEMENT WITH METRO AND THE PURCHASE OF THE FIELDS PROPERTY (TAX LOT 251010001200) :AND AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO CONIPLETE THE PROPERTY PURCHASE ON BEHALF OF THE CITY WHEREAS.in November 2010 Tigard voters passed a $17 million park bond measure whereby 80 percent of bond proceeds were dedicated to acquiring open space and park land such as the Fields property;and WIFIEREAS, the Park and Recreation Advisory Board (PRAB) was tasked vx-ith evaluating more than 60 potential park properties,and the Fields property ranked high on the acquisition list;and WHEREAS,the city would like to acquire the property for use as both a park.and open space;and \VHEREAS,Metro entered into a purchase and sale agreement (Exhibit A) with representatives of the Fields estate and can purchase the property for$5.15 million;and WHEREAS, Aletro's purchase and sale agreement is contingent upon Tigard contributing $2 million to the property purchase. NOW,THEREFORE,BE IT RESOLVED by the'Tigard City Council that: SECTION 1: The City Council agrees to the terms of the Partial Assignment Agreement of Purchase and Sale Agreement (Exhibit B) whereby the Tigard commits $2 million toward the purchase of the Fields property,and Tigard obtains joint ownership in the property. SECTION 2: In accordance with fhe Partial Assignment Agreement of Purchase and Sale Agreement, the City Council agrees to develop an intergovernmental agreement Nvith Metro regarding the management of the Fields property. SECTION 3: The City Council authorizes the city manager to take all necessary action to complete the Fields property purchase on behalf of the city. This includes, but is not limited to,execution of the Partial Assignment Agreement of Purchase and Sale Agreement and closing documents. SECTION 4: "flus resolution is effective ulvnediately upon passage. PASSED: This-,� 1 day of t L- s 2012. 5 3 RESOLUTION NO. 12- Page 1 i a f Mayor-City of"Tigard A"1"TEST: CirS-Recorder-City of Tigard �J RESOLUTION NO, 12- 3C Page 2 Washington County,Oregon 2012-076035 Stn Stn=4 A STROM 09/13/2012 08:43:08 AM $10.00 511.00$5.00$15.00 $41.00 1,Richard hobernlcht,Director of Assessment and Taxation and Ex- Offdo County clerk for Washington County.Oregon,do hereby certify that the within instmment of writing was received and recorded in the book of records of said county. Richard Hohernicht,Director of Assessment and Taxation,Ex-Officio Return To: WFG National Title 25 NW 23rd Place, Suite 1 Portland, OR 97210 COUNTY OF RIVERSIQE y RIVERSIDE,CALIFORNIA " 0ERTIFIDATIE QF DEATH 320113302936 .- rw`a« w..,v..er.. drv'wur::M FRED IVPlaL6 t s �1111422111923 I0 30]10.8165 % 2nGHE oi�E31 V IOOVJEC ]Z 3 2C i 0440 ,� BO KK�.-M � �r I CAL(`kC1AN wi ENGINEER - Toes DJILDING 1149 SW DAVENPORT 5 PORTLAND XJLTNOMAH 1972Uf 60N� �0R ZI MELINDA WELLS NICE p '3p'S COUNT+�GLUB©RVeC STAM SA4A92626 izl { re S MAHLON FIELDS �N ZE w F ETHEL y MYcFLY IW, 1C W "LOOS Fm R Y R 2 1?Ii5120�:;� ,D3195W AYLORS FERRY ROAD PORT..AND ORB7210 v- g CRrtRrHUsNNOT�--MBALMED _41 cc.. - ^ §p�FI iZIiENRY-WI`_FELS OR S BU SRVC F02051 , ),CANERON KAISGR ND Yi 12,14,101' E COUNTRYVILLARANCHOM]RArENEALTHCAR CTR ❑' ❑ ❑ zFla ❑°ni O RIVERSIDE29'x50 Vt5TADEL SOL '11 RANCHO PNRAGE b vN ACUTE RESPIRATORYPRRES!T ❑ IX xo war hF ILARGCBIINTERAPLEURALEFFUSONS - °'9 E&'w EXTENSIVE METASTAT,IC CANCER OF PRPS'ATE= " N,OS ❑. IX w �� a. ATRIAL FIISRI.IATION j K ova ERI NARDGB RDMD 7— C' 06xv 112131P01' € ,s f " `RICHARDG BYRD NCO ^5 01422008 1S't 22911 17A-7S5 HVJY t i t STE 101 INDIAN WELLS,ON 92210 w:vv [bn ,wtgatzw.t mu .aa+ x n'un'nnc =.wc ,abe n..mn •:: ❑ . q ❑ M A r I]�❑'. 1 vo a ` 1�1140111IIIA111S:CrI8RsI111X1�1!IIN :'�., CERTIF COP VITAL RECORDS - SCOLNITAMC or xrocxslbC-� IIIIy Yp ees �et� a Tbl w a r tb IF , 0 av,apsea edintl I � 1a 1 y F o A em rn Dec 16,20�� z SPT B GATE ISSUED�_�nry as oEccun't'calla+ru - Th py of c.I,d I a Peppmd PllpV NPW'lec disply gxeal x„d s,6�a1 eo(ftvl0.a ta[. A » Washington County,Oregon 2012-076036 D-DW Stn=4 A STROPS 09/13/2012 08:43:08 AM After recording, return to: $30.00$11.00$5.00$15.00 $61.00 1,Richard hommichq Director of Assessment and Taxation and Ex- /r Curcio County Clerk for Washington County,Oregon,do hereby Ashley McCarron certify that the within instrument of writing was received and recorded in the book of records of said county. Office of Metro Attorney Richard Hobernichf,Director of boo N.E. Grand Avenue Assessment and Taxation,Ex-Officio Portland, Oregon 97232-2736 Until a change is requested, all tax statements should be sent to the following address: Metro Parks and Environmental Services boo N.E. Grand Avenue Portland, Oregon 97232-2736 WARRANTY DEED CD (Statutory Form) William R. Tagmyer, trustee of the Fred W. Fields Revocable Living r� Trust under Revocable Living Trust Agreement dated February 17, 2009, �1 Grantor, conveys and warrants to Metro, an Oregon municipal corporation, Grantee, an undivided 61% interest, and to the City of Tigard, an Oregon ,o municipal corporation, Grantee, an undivided 39% interest (as tenants in o common) the real property in the City of Tigard, Washington County, Oregon, commonly known as Tax Parcel 1200 (R0456o8i) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and which is more particularly 4 described on attached Exhibit A (the "Property"), free of encumbrances except cs those listed on attached Exhibit B. LL BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 1953o1,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2oo9, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 201o. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.01o, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY -1- PDXDOCS:1975003.1 OWNERS, IF ANY, UNDER ORS 195.300, 195301 AND 195.305 TO 195336 AND SECTIONS 5 TO u, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,150,000. Dated as of _, 2012. William R. Tagmyer,Trustee of the Fred W. Fields Revocable Living Trust under Revocable Living Trust Agreement dated February 17, 2009 State of Oregon ) ss. County of Multnomah ) The foregoiDg instrument was acknowledged before me on 2012,by William R. Tagmyer, as trustee of the Fred W. Fields Rev able Living Trust under Revocable Living Trust Agreement dated February 17, 2009. OFFICIALSEAL N ary Pu lic for Oregon HELEN ANNE PARKER NOTARY PUBLIC•OREGON My commission expires: 0-7- '� COMMISSION NO,469149 Residing at: 1 �1� °,e �i MY COMMISSION EXPIRES JULY 05.2016 I V'� _2_ PDXDOCS1975003.1 Exhibit A (Property Description) Beginning at an iron pipe at the reentrant corner on the South line of the W.W, Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS &ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. -3- PDXDOCS:1975003.1 Exhibit B (Schedule of Title Exceptions) 1. Sewer line easement granted to City of Tigard in instrument recorded 12/8/1975 in Book 58o, Page 313, Official Records of Washington County, Oregon. 2. Anchor easement granted to Portland General Electric Company in instrument recorded 9/16/1971 in Book 835, Page 507, Official Records of Washington County, Oregon. 3. Sewer easement granted to Unified Sewerage Agency of Washington County in instrument recorded 4/18/1973 in Book 920, Page 38, Official Records of Washington County, Oregon. 4. Sanitary sewer easement granted to City of Tigard in instrument recorded 1/18/1995, Recording #95003861, Official Records of Washington County, Oregon. 5. Sewer easement granted to Unified Sewerage Agency of Washington County, Oregon, in instrument recorded 7/18/1995, Recording #95049211, Official Records of Washington County, Oregon. 6. Utilities and access easement granted to City of Tigard under instrument recorded 2/22/20o6, RecordiDg#20o6-020491, Official Records of Washington County, Oregon. 7. 2012-2013 taxes,a lien but not yet payable. -4- PDXDOCS1975003.1 This conveyance is approved as to form and content and accepted by Metro, an Oregon municipal corporation. METRO By: t. /� Name: 1'1Af{�j1.i �. 3Cn�tC4{ r �� P� �JpCIDti{tYoN O�'t? �Ef OFFICIAL SEAL) KAREN M STARIN t / NOTARY PUBLIC-OREGON State of OREGON COMMISSION NO.4515W MY COMMISSION EXPIRES SEPTEMBER 29,2D14 County of MULTNOMAH This instrument was acknowledged before me on 120 �Z , by YVI h 8e nne:H--_as 02fa�,`nq Qt of Metro. LC -...� Notary Public - State of Oregon -5- PDXDCCS:1975003.1 - This conveyance is approved as to form and content and accepted by the City of Tigard, an Oregon municipal corporation. CITY OF TIGARD By: Name: MQr-{'Ina L. W )yi State of OREGON County of !NC N � This instrument was acknowledged before me on f 20 F 2 by f z-'— zV Al e— as Via/c1P r-of the City of Tigard. �— Notary Public- State of Oregon 0 � 4RFICIA6 8lAL CAROIAKRAGER `NOTARYPUBUC-OREGON MY COMMON FEBRUARY 23,204 I I I 6 PDXDOCS'.1975003.1 i i' I i PURCHASER'S FINAL SETTLEMENT STATEMENT Date: September 13,2012 Order No.: 12003172 Sale From: WILLIAM R.TAGMYER, Trustee of THE FRED To: Metro, an Oregon Municipal Corporation W.FIELDS REVOCABLE LIVING TRUST 600 NE Grand Avenue 1800 Headlee Lane Portland,OR 97232 Lake Oswego, OR 97034 City of Tigard, an Oregon municipal corporation 13125 SW Hall Blvd, Tigard, OR 97233 Property: 2SIW01 - 1200 Tigard,OR 97223 Purchase Price_.- __ __... $5,150,000.00 Plus: Charges Refund of unused closing costs to Metro $49.10 Escrow/Closing Fees to WFG National Title Insurance Company 1/2 of Escrow Fee ___ _ $459.00 1/2 of Courier/Delivery Fee_ __. $12.50 Record Memo of Option2012-052747..... ....... $46.00 Record Statutory Warranty Deed . ... _ _$61.00 Total Charges _...._ _..__. __.._. _...... ......... ____. _- ____-$627.60 Gross Amount Due By Purchaser_. _ ___ $5,150,627.60 Less: Credits 2012-13 Tax Proration-7/1 to 9/13 ($47.59 per day) $3,521.66 Earnest Money__ _. $50,000.00 Funds for closing from City of Tigard __ ____ ___ _ _ $2,000,000.00 Accrued Interest in Deposit-TBD from Metro-_.__ ...... __.._. ____ ...__._$21.10 Total Credits — _— —_ __-$2,053,542.76 Balance Due by Purchaser P,3 097 084 84 Purchaser understands the Closing or Escrow Aeent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance proration and reserves were based on figures for the preceding year or supplied by others or estimates for the current year,and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes WFG National Title Insurance Company to make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds,if applicable,in the amount shown above and a receipt of a copy of this Statement WFG National Title Insurance Company 11' By Trev C7 e ie Printed at: 09/13/2012(03:00 pm) Compliments of WFG National Title Insurance Company