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10407 Jack Park • A • um/ OF TIogRn 10407 BARGAIN AND SALE DEED J. W. BRAYSON BUILDER, INC. , an Oregon corporation, "Grantor, " has bargained and sold, and by these presents does grant, bargain, sell and convey unto CITY OF TIGARD, OREGON, "Grantee, " and its successors and assigns, all the following real property, with the tenements, hereditaments and appurtenances, situated in the County of Washington, State of Oregon, bounded and described as follows : PARCEL I : Tract "B, " BELLWOOD . PARCEL II : A tract of land in Section 4 , Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at the northeast corner of Lot 10, BELLWOOD , a duly recorded plat in Washington County, Oregon; thence south 87° 26 ' 00" east 309 .57 feet along the southerly line of Tract B, said Plat of Bellwood; thence south 44° 32 ' 13" west 453 .05 feet to the north- east corner of Lot 1, said Plat of Bellwood; thence north 1° 26 ' 40" east 336 .88 feet along the easterly lines of Lots 9 and 10 , said Plat of Bellwood , to the point of beginning. Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter, and the Grantee has a fee-simple determinable. The consideration for this transfer is nil. To have and to hold the above-described and granted premises unto Grantee , its successors and assigns forever. Executed pursuant to order of the board of directors this day of vi.trch , 1970. J. W.,13RAYSON BUILD R, INC. /2/1 By _._. L ' - -. President Bye- ' Vice president STATE OF OREGON ) ss . County of Multnomah ) March 3lst , 1970 Personally appeared J. W. BRAYSON and reith J. DGu&:hters who, being each duly sworn, did say that the former is the fkn.�n 776 PAGE 707 Page I - BARGAIN AND SALE DEED • 10407 President and the latter is the Vice rresdent of J. W. BRAYSON BUILDER, INC. , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corpora- tion; and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for Oregon My Commission Expires : November 6th, 1913 �• �, r)T, . ;. �.• • n' .. - 0 ck ' STATE OF OREGON /� County of Washington ss Vim.-/��. I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records g No. /& of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Ifs 57 AH Weputv INDEXED BOOK 776 PAGE 7Q8 Page II - BARGAIN AND SALE DEED ` ` 5540 FORM No. 721—QUITCLAIM DEED. STEVENS-NESS LAW PUB.CO..PORTLAND.ORE. 'zar KNOW ALL MEN BY THESE PRESENTS, That -J-...--P .--.-LOREN.Z.,...Guardian_..of..-t.he Parson and---P-rap-erty. -of--.ALFRED.--BELL, , hereinafter called grantor, for the consideration hereinafter stated, does hereby remise, release and quitclaim unto The. City of-.-Ti.and hereinafter called grantee, and unto grantee's heirs, successors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any- wise appertaining, situated in the County of Washington--. --. .-, State of Oregon, described as follows, to-.wit: Life estate of Alfred Bell , reserved in his deed to Brayson and Griffin , a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5 , 1968 , in Book 704 , Page 251 , Washington County Records , TOGETHER WITH that certain easement , including the terms and provisions thereof, given by Alfred Bell , a single man, to City of Tigard , a municipal corporation, recorded February 28 , 1969 , in Book 734 , Page 550 , Washington County Records . To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $ .L� .,--""2----- . ° r : the-aett l--eortsietleretion-eertsrsls-atter-aath rtelerde -oer-property-or-vairre - iveir-vr-premised- •wftich-ie-- tpar he t ofhole the ceasiele aEie -f inatieate-w1'tieh)' In construing this deed the singular includes the plura -s the c' cumstances may require. Witness grantor's hand this day of , 1972 : 4).._.c:TI i` f--/ STATE OF OREGON, County of Washington ) ss. art.4___Li 19 72 Personally appeared the above named J . P. LOHRENZ, Guardian ohe Person and Property of ALFRED BELL, . and acknowledged the foregoing instrument to be hi. voluntary act and deed. in his representative capacity . �__ / . Before me: A.14..•1 /23• (/ t z '"sem • (OFFICIAL SEAL) Notary PU4lic for Oregon i/l` My comr.'1isison expires ..a-tom- -,Z.-57.,Z.-57. /9 J 7 NOTE-Thr sentence between the symbols QQ, if not applicable, should be deleted. See Chapter 462, Oregon Laws 1967, as amended by the 1967 Special Session. • d% QUITCLAIM DEED J . P. LOHRENZ, Guardian o_f STATE OF OREGON ss Person and Property of ,c-cony of Washington , -AL-(F-R-E-D---BELL , TO I, Roger Thomssen, Director of Records (DON'T USE THIS and Elections and Ex-Officio Recorder of Con- CITY OF TIGARD SPACE; RESERVED veyances for said county, do hereby certify FOR RECORDING that the within instrument of writing was LABEL IN couN• received and recorded in book of records TIES WHERE No. AFTER RECORDING RETURN TO USED.) of said County O z Witness my hand and seal affixed. a( ROGER THOMSSEN, Director of 4tx Records & Elections 04?6. , a3s57 - 71.� ._. eputy n ar rOR Z5 44 cN '72 �BO1 8� PAGE fix.,-,ii Tc cr I LietL.w000 SAD. aeLL cr XI *ot r A IXr' 1 � TRACT'��8 r _ _C h ,S, r4 oNE *.E LIFE esYAIE • +4e oil. �y� Sect' Ia so i if 10 = I , I \ �. _176,473 MN,Z STEM g N - A' nots r - ANDERSON 8c DITTMAN APR 1 31972 ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET CITY OF TIGARD P. O. BOX 23006. TIGARD. OREGON 97223 639.1121 FRED. A. ANDERSON DERRYCK H. DITTMAN MEMORANDUM TO Nick Hiebert , Acting Director of Public Works FROM Fred. A. Anderson SUBJECT Release of Bell life estate DATE April 11, 1972 As you requested, I have obtained a court order releasing the life estate of Alfred Bell and I enclose a deed conforming thereto. There are certain personal belongings still on the premises which Mr. Lohrenz is responsible for as guardian of Alfred Bell, and I have assured himthat there will be no difficulty in obtaining the removal thereof. The within deed should be forwarded for recording and if you desire that I do so , please let me know. :: .1,1:1:--f-"--c:. r FAA/i Enc . • .11 J 5 •,a • • • • • OREGON LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY • • REV.4.63, . r ' • - C •DITIONS AND- STIPULATIONS • "• . , - - (Includes those American Land Title Association-Owner's Policyard Form B-1962) 1. DEFINITION OF TERMS 6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The following terms when used in this policy mean: The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay (a) "land": the land described, specifically or by reference, in Schedule A and the full amount of this improvements affixed thereto which by law constitute real property; policy,or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option (b) "public records": those records which impart constructive notice of matters to purchase said indebtedness; such purchase, payment or tender of payment of the relating to said land; full amount of this policy, together with all costs,attorney's fees and expenses which (c) "knowledge": actual knowledge, not constructive knowledge or notice which the Company is obligated hereunder to pay, shall terminate all liability of the Com- may be imputed to the Insured by reason of any public records; pany hereunder. In the event, after notice of claim has been given to the Company d "date": the effective date; by the Insured, the Company offers to purchase said indebtedness, the owner of (d) such indebtedness shall transfer and assign said indebtedness and the mortgage (e) "mortgage": mortgage, deed of trust, trust deed, or other security instru• securing the same to the Company upon payment of the purchase price. ment; and 7. PAYMENT OF LOSS (f) "insured": the party or parties named as Insured, and if the owner of the (a) The liability of the Company under this policy shall in no case exceed, in indebtedness secured by a mortgage shown in Schedule B is named as an Insured all, the actual loss of the Insured and costs and attorney's fees which the Company in Schedule A, the Insured shall include (1) each successor in interest in ownership may be obligated hereunder to pay. of such indebtedness, (2) any such owner who acquires the estate or interest referred (b) The Company will pay, in addition to any loss insured against by this to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction policy, all costs imposed upon the Insured in litigation carried on by the Company of said indebtedness, and (3) any federal agency or instrumentality which is an for the Insured, and all costs and attorney's fees in litigation carried on by the insurer or guarantor under an insurance contract or guaranty insuring or guarantee- Insured with the written authorization of the Company. ing said indebtedness, or any part thereof, whether named as an Insured herein or (c) No claim for damages shall arise or be maintainable under this policy (I) not, subject otherwise to the provisions hereof. if the Company, after having received notice of an alleged defect, lien or encum- 2. BENEFITS AFTER ACQUISITION OF TITLE brance not excepted or excluded herein removes such defect, lien or encumbrance If an insured owner of the indebtedness secured by a mortgage described in within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Schedule B acquires said estate or interest, or any part thereof, by foreclosure, Company, or (3) in the event the title is rejected as unmarketable because of a trustee's sale, or other legal manner in satisfaction of said indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has part thereof, or if a federal agency or instrumentality acquires said estate or interest, been a final determination by a court of competent jurisdiction sustaining such ' or any part thereof, as a consequence of an insurance contract or guaranty insuring rejection. or guaranteeing the indebtedness secured by a mortgage covered by this policy, or (d) All payments under this policy, except payments made for costs, attorneys' any part thereof, this policy shall continue in force in favor of such Insured, agency fees and expenses, shall reduce the amount of the insurance pro tants and no pay- or instrumentality, subject to all of the conditions and stipulations hereof. meat shall be made without producing this policy for endorsement of such payment 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof of such loss or destruction "This policy does not insure against loss or damage by reason of the following: shall be furnished to the satisfaction of the Company: provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an In• (a) Any law, ordinance or governmental regulation (including but not limited sured herein then such payments shall not reduce pro tanto the amount of the to building and zoning ordinances) restricting or regulating or prohibiting the insurance afforded hereunder as to such Insured, except to the extent that such occupancy, use or enjoyment of the land, or regulating the character, dimensions, payments reduce the amount of the indebtedness secured by such mortgage. Pay- or location of any improvement now or hereafter erected on said land,or prohibiting ment in full by any person or voluntary satisfaction or release by the Insured of a a separation in ownership or a reduction in the dimensions or area of any lot or mortgage covered by this policy shall terminate all liability of the Company to the parcel of land- insured owner of the indebtedness secured by such mortgage, except as provided in (b) Governmental rights of police power or eminent domain unless notice of paragraph 2 hereof, the exercise of such rights appears in the public records at the date hereof. (e) When liability has been definitely fixed in accordance with the conditions of (c) Title to any property beyond the lines of the land expressly described in this policy the loss or damage shall be payable within thirty days thereafter. Schedule A, or title to streets, roads, avenues, lanes, way or waterways on which 8. LIABILITY NONCUMULATIVE such land abuts, or the right to maintain therein vaults, tunnels,ramps or any other It is expressly understood that the amount of this policy is reduced by any structure or improvement; or any rights or easements therein unless this policy amount the Company may pay under any policy insuring the validity or priority of specifically provides that such property, rights or easements are insured, except that any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter if the land abuts upon one or more physically open streets or highways this policy executed by the Insured which is a charge or lien on the estate or interest described insures the ordinary rights of abutting owners for access to one of such streets or or referred to in Schedule A, and the amount so paid shall be deemed a payment to highways, unless otherwise excepted or excluded herein. the Insured under this policy. The provisions of this paragraph numbered 8 shall (d) Defects, liens, encumbrances, adverse claims against the title as insured or not apply to an Insured owner of an indebtedness secured by a mortgage shown other matters (1) created, suffered, assumed or agreed to by the Insured claiming in Schedule B unless such Insured acquires title to said estate or interest in saris. loss or damage; or (2) known to the Insured Claimant either at the date of this faction of said indebtedness or any part thereof. policy or at the date such Insured Claimant acquired an estate or interest insured 9. COINSURANCE AND APPORTIONMENT by this policy and not shown by the public records, unless disclosure thereof in (a) In the event that a partial loss-occurs after the Insured makes an improve- writing by the Insured shall have been made to the Company prior to the date of went subsequent to the date of this policy, and only in that event, the Insured this policy; or '3) resulting in no loss to the Insured Claimant; or (4) attaching becomes a coinsurer to the extent hereinafter set forth. ; or created subsequent to the date hereof. If the cost of the improvement exceeds twenty (e) Loss or damage which would not have been sustained if the Insured werep per centum shallof the amount by this g policy, such proportion only of any partial loss established be borne by the a purchaser or encumbrancer for value without knowledge. Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improve- (f) Usury or claims of usury. ment. The foregoing provisions shall not apply to costs and attorneys' fees in• (g) "Consumer credit protection," "truth-in-lending," or similar 11W. curred by the Company in prosecuting or providing for the defense of actions or Bproceedings, in behalf.of the Insured pursuant to the terms of this policy or to 4. DEFENSE AND PROSECUTION OF ACTIONS — costs imposed on the Insured in such actions or proceedings, and shall apply only NOTICE OF CLAIM TO BE GIVEN BY THE INSURED to that portion of losses which exceed in the aggregate ten per cent of the face of policy. polity. (a) The Company, at its own cost and without undue delay shall provide (1) Provided, however, that the foregoing coinsurance provisions shall not apply for the defense of the Insured in all litigation consisting of actions or proceedings to any loss arising out of a lien or encumbrance for a liquidated amount which commenced against the Insured, or defenses, restraining orders, or injunctions inter• existed on the date of this policy and was not shown in Schedule B; and provided posed against a foreclosure or sale of the mortgage and indebtedness covered by further, such coinsurance provisions shall not apply to any loss if, at the time of this oolicy or a sale of the estate or interest in said land, or (2) for such action as the occurance of such loss, the then value of the premises, as so improved, does may be appropriate to establish the title of the estate or interest or the lien of the not exceed one hundred twenty per centum of the amount of this policy. mortgage as insured, which litigation or action in any of such events is founded (b) If the land described or referred to in Schedule A is divisible into separate upon an alleged defect, lien or encumbrance insured against by this policy, and may and noncontiguous parcels, or if contiguous and such parcels are not used as one pursue any litigation to final determination in the court of last resort. single site, and a loss is established affecting one or more of said parcels but not (b) In case any such action or proceeding shall be begun, or defense inter- all, the loss shall be computed and settled on a pro rata basis as if the face amount posed, or in case knowledge shall come to the Insured of any claim of title or of this policy was divided pro rata as to the value on the date of this policy of each interest which is adverse to the title of the estate or interest or lien of the mortgage separate independent parcel to the whole, exclusive of any improvements made as insured, or which might cause loss or damage for which the Company shall or subsequent to the date of this policy, unless a liability or value has otherwise been may be liable by virtue of this policy, or if the Insured shall in good faith con- agreed upon as to each such parcel by the Company and the Insured at the time of tract to sell the indebtedness secured by a mortgage covered by this policy, or, if the issuance of this policy and shown by an express statement herein or by an an Insured in rood faith leases or contracts to sell, lease or mortgage the same, or endorsement attached hereto. if the successful bidder at a foreclosure sale under a mortgage covered by this policy 10. SUBROGATION UPON PAYMENT OR SETTLEMENT refuses to purchase and in any such event the title to said estate or interest-is re• Whenever the Company shall have settled a claim under this policy, all right jetted as unmarketable, the Insured shall notify the Company thereof in writing- of subrogation shall vest in the Company unaffected by any act of the Insured. If such notice shall not be given to the Company within ten days of the receipt of and ies hall be ubrogared to and be entitled to all rights and remedies which the process or pleadings or if the Insured shall not, in writing, promptly notify the Insuredwould have had against any person or property in respect to such claim Company of any defect, lien or encumbrance insured against which shall come to had this policy not been issued. If the payment does not cover the loss of the In• the knowledge of the Insured,or if the Insured shall not in writing. promptly notify sured, the Company shall be subrogated to such rights and remedies in the pro or- the Company of any such rejection by reason of claimed unmarketability of title, then tion which said payment bears to the amount of said loss. If loss should result from all liability of the Company in regard to the subject matter of such action, pro- any act of the Insured, such act shall not void this policy, but the Company, in ceeding or matter shall cease and terminate; provided, however, that failure to notify that event, shall be required to pay only that part of any losses insured against shall in no case prejudice the claim of any Insured unless the Company shall be hereunder which shall exceed the amount, if any; lost to the Company by reason actually prejudiced by such failure and then only to the extent of such prejudice. of the impairment of the right of subrogation. The Insured, if requested by the (c) The Company shall have the right at its own cost to institute and prosecute Company, shall transfer to the Company all rgihts and remedies against any person any action or proceeding or do any other act which itt its opinion may be necessary or property necessary in order to perfect such right of subrogation, and shall permit or desirable to establish the title of the estate or interest or the lien of the mortgage the Company to use the name of the Insured in any transaction or litigation involving as insured; and the Company may take any appropriate'action under the terms of such rights or remedies. this policy whether or not it shall be liable thereunder and shall not thereby concede If the Insured is the owner of the indebtedness secured by a mortgage covered liability or waive any provision of this policy- by this policy, such Insured may release or substitute the personal liability of any (d) In all cases where this policy permits or requires the Company to prosecute debtor or guarantor, or extend or otherwise modify the terms of payment, or release or provide for the defense of any action or proceeding, the Insured shall secure to a portion of the estate or interest from the lien of the mortgage, or release any it the right to so prosecute or provide defense in such action or proceeding, and collateral security for the indebtedness, provided such act does not result in any all appeals therein, and permit it to use, at its option, the name of the Insured for loss of priority of the lien of the mortgage. such purpose. Whenever requested by the Company the Insured shall give the 11. POLICY ENTIRE CONTRACT Company all reasonable aid in any such action or proceeding, in effecting settle- Any action or actions or rights of action that the Insured may have or may bring merit, securing evidence, obtaining witnesses, or prosecuting or defending such against the Company arising out of the status of the lien of the mortgage covered action or proceeding, and the Company shall reimburse the Insured for any expense by this policy or the title of the estate or interest insured herein must be based on so incurred. the provisions of this policy. S. NOTICE OF LOSS— LIMITATION OF ACTION No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President.a Vice-President, In addition to the notices required under paragraph 4(b),a statement in writing the Secretary, and Assistant Secretary or other validating officer of the Company. of any loss or damage for which it is claimed the Company is liable under this 12. NOTICES, WHERE SENT policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under All notices required to be given the Company and any statement in writing this policy until thirty days after such statement shall have been furnished, and no required to be furnished the Company shall be addressed to it at the office which recovery shall be had by the Insured under this policy unless action shall be corn. issued this policy. menced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 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Title Insurance Co. , ,,i`x f X{. a �i F.;-, `. Ude ��i w s�:: •• , ; c:i , • g 1030 Bond Street n } I / r r}f Bend, Oregon 1 �' rs. t ,,..,, ;t '�. �1r�11' —_ m ��.F�iF•_ Vit- • �„1 ''1 l ��h�j•G' : 4. - c - x t • DOUGLAS COUNTY t 4. '• � �e ice: `_ r,�( l4• . ,. * 1f • ;tAi"I` ; x 11911i.•: 1�1i,," Commercial Title Company 4,�,t MAIN OFFICE iCor lib L ' 563 S.E. Main Street • 425 5.W. FOURTH AVENUE �c Z Roseburg, Oregon (Near Washingtcn Street) e .A..` r T.••1.-:;"\-i--,° 4 : r �e • Ft ..::.1. . ,- PORTLAND, OREGON 97204 i' ` `11' c5� ''. t :1 t ti � „ 11? w t tit 4 JACKSON COUNTY a << PHONE 222-3651 @ , J 91 potzzA, Gs r < ,...,,,,,,,„. ,t= s <c x:44)4 �� ' 14—ti l � Crater Title Insurance Co. <'Q1; ; • \ t all i \C • ,.• 11,,ii 604 West Main Street a .- '•:7.,,,!.-„ ,..r4, c +� c , Medford, Oregon • - ( '11-,.;:*. { 9 �.0 '..)?2.•4‘,, • r . EAST SIDE OFFICE ;' r ` ' .111 ; j • H{t►> a 29 N. E. 122ND AVENUE i73, r{ `:°r, �(��2 �� '' •}ti', . JOSEPHINE COUNTY tq , t • -•` iff `^ .173 U1... x 1 IU I 1 L� J L (Si�I ,t Tl .i:. • �i PORTLAND, OREGON 97230 r; �\ Josephine CountyTitle Company P P y 1 • 1 +- (t,. fflrtii _J G L 507 N.E. 6th Street �;C� i 255-9103 , r }fY �_ }1 I 0 t' Grants Pass, Oregon ; i,e---l'` .4-r lir:ii C i; J �i`t r1 �� • E �- - 4 • ted : - , ,1- ...• I (r� KLAMATH COUNTY : . ,,r i WASHINGTON COUNTY OFFICE � c-.1.)r,`n 4.1 �<' > 6.' t'' .>A"P'�p�,. , ' s c Klamath County Title Co q r}''''' 12012 S.W. Canyon Road x ,. 422 Main Street j ,J.` Beaverton, Oregon 97005 :_i :::',;:.:..,3.,i,,_,--- t . • Il4 : s .4 Klamath Falls, Oregon S„ ,� + ,L 646-8181 '- i, Title Insurance ��� P°' , , s rrx +' C t t „ • LANE COUNTY ;�,F3 ty:' rr 1r .t=1;`F ,o- fc }}• (•1'� ; Company �, 1r ' ( Pioneer Title Co. of Lane Coun .,, 1�+ w. / t .* r: r r< tyl Qc.• c 7 ' 818 Pearl Street 1'r CLACKAMAS COUNTY OFFICE • A, j .itci; sl, trz 425 S.W. FOURTH AVENUE ; :,} 1, g. Eugene, Oregon S.A),, aYi c: 112-11TH STREET J, c ,3 OREGON CITY, OREGON 97045 LA 1.L (Near Washingtcn Street) \ )• • Jf l� 't Ch 656-5243 0:,Y.'-.''.: Ti:.:- ✓ PORTLAND, OREGON 97204 f �T WALLOWA COUNTY ,_;,':,141A: s' r •i -- r '-'11. a x '. ( ,f} l '1� J-, i+� 1 • • �, , b `� PHONE 222-3651 J f.7 Wallowa Title Co. .1,t�Prr, F ysx t r 119 West Main Street ; .ftii'-!:, �r ! ...1y.* " i•, ' ''�,� err Enterprise, Oregon +::i0-t , > i s 4 }l r r{ >,l 7�1,' 'c r j �:+ tt�11f!}rffr ''x t vi,u � —- ' ,... F i -4: n v v - ' `r� s s stir h a n n • } '•,i n ,n n:.ra e f 4. :1 n:_•. n ti,•-•:ra = ^ 1tit� �5.. :Hr ' ','•':4:'%'$' t, %f ;,y t s>S.F-i'''' � •r- K' •s;, d.,.;, 4. .1' - n:• _Nrr rr �! .A ��` ..4`.. ..\-V-1,-..-,.',/•,, .:S_ ?I' s% .tib •. Eli i, s. f�, �.'�»*` .4' a \',i--.1;''',,..13 �1 � .\ .s.�r:'';''''.\.461b1-!,;!..':‘,4141"1":1.,... a�. :!- „,a•. l :�� � f � �. . N�,'13. � tib. h T ti3•>:. J �" „L a 22s:tN'�'! r..1 ! .� ,.T \ ; " ' ,. y f,\ :, ..� t y,. 11": f.. ! _ 1. 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CANYON ROAD • BEAVERTON, OREGON TELEPHONE 646-8181 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy No. 317668 Premium $32.50 TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here- inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured,or if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu- lations hereof, which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority. all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which axe hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer of the corporation. Countersigned ` ANC��ll+ + TITLE INSURANCE COMPANY ÷••• •••••••••••` ,p/ BY, /. L • • J ORPOF gTle�-o ' President Authorized Officer ' j N • �• Z Attest: O Z PAGE 1 OF POLICY a ••.•• ••,� Secretary REV.7-63 •'•••' TI-21 din /+Ilii,1E Oma °`` • • • SCHEDULE A Amount $ 2 ,500.00 Date May 27, 1970 At 5:00 P.M. INSURED ---CITY OF TIGARD, OREGON--- The fee simple title to said land is, at the date hereof, vested in CITY OF TIGARD, OREGON.--- The land referred to in this policy is described as: PARCEL I: Tract "B" , BELLWOOD, in the City of Tigard, Washington County, Oregon. PARCEL II: A tract of land in Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Lot 10, BELLWOOD, a duly recorded plat in Washington County, Oregon; thence South 87°26' 00" East 309.57 feet along the Southerly line of Tract "B" , said plat of BELLWOOD; thence South 44°32' 13" West 453.05 feet to the Northeast corner of Lot 1, said plat of BELLWOOD; thence North 1°26'40" East 336.88 feet along the Easterly lines of Lots 9 and 10, said plat of BELLWOOD, to the point of beginning.--- PAGE 2 OF POLICY NO. 317668 T 128 Oregon Land Title Association Standard Coverage Policy R 8-60 SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured in Paragraphs numbered 4 and 5 on page 1 of this policy. 1. 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; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. 1969-70 taxes, $43.31, plus interest, unpaid. (2S1 4AD 4501 23-8) AFFECTS PARCEL II 6. Tigard City Liens, if any. 7 . Easement, including the terms and provisions thereof granted to Portland General Electric Company, dated October 30, 1952, re- corded December 31, 1952, in Book 340, Page 145, Washington County Records. (AFFECTS PARCEL I and OTHER PROPERTY ALSO) 8. Easement disclosed by deed to Brayson and Griffin, a co-part- nership consisting of James W. Braysonand Q. B. Griffin, recorded July 5, 1968, in Book 704, Page 248, Washington County Records, to-wit: "Together with a non-exclusive easement to right of way and easement for road access and utility purposes over the following described tract of land, to-wit : Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washing- ton County, Oregon; running thence North along the Section line, 206.7 feet; thence West at right angles to the section line, 50 feet; thence South parallel to said section line, 400 feet; thence East at right angles to the section line, 50 feet; thence North along the section line 193.3 feet to the place of beginning." (AFFECTS PARCEL I) 9. Life estate of Alfred Bell, reserved in his deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5, 1968, in Book 704, Page 251, Wash- ington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) ---CONTINUED--- Page3 of Policy No. 317668 TI-30 • • ---SCHEDULE "B" CONTINUED--- 10. Mortgage, including the terms and provisions thereof, given by Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, to Morgan Pacific Co. , a division of First National Bank of Oregon , dated May 16, 1968, recorded July 3 , 1968, in Book 704, Page 141, re-recorded July 8, 1968, in Book 704, Page 363 , Washington County Records, to secure the payment of $180,000.00. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) 11. Right of Way Easement, including the terms and provisions thereof, granted to City of Tigard, dated September 16, 1968, recorded February 28, 1969, in Book 734, Page 562 , Washington County Records, for sewer. (AFFECTS PARCEL II) 12. Restrictive Covenant regarding underground wiring, executed by J. W. Brayson Builder, Inc. , recorded June 4, 1969, in Book 745, Page 523, Washington County Records, reference to which is hereby made. (AFFECTS PARCEL I) . 13. Easements shown on the plat: "All side and rear lot lines to have a five foot utility easement." (AFFECTS PARCEL I) 14. Easement, including the terms and provisions thereof, given by Alfred Bell, a single man, to City of Tigard, a municipal corporation, recorded February 28, 1969, in Book 734, Page 550, Washington County Records. (AFFECTS PARCEL I) 15. Condition contained in deed from J. W. Brayson Builder, Inc. , to City of Tigard, Oregon, recorded April 14, 1970, in Book 776, Page 707, Washington County Records, which recites: "Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter, and the Grantee has a fee-simple determinable."--- Page 4 of Policy No. 317668 • • \ / '\ I \ /- E 2 08.37 3337 ., .•.� <'S _7' 26 00 E.- -46-6.87 • 0 4" h"le ♦/ ati°500 4 500 • 4.6/Ac. /' . 0 (--) . . 10 / P. a V (g C 1, 84.92 c. S 83°3747 E t'' , ` 600 �° Iii i \ 9 ♦ 7 I. ..4:,W 6'6' \ f 41. N /., .• C / l Z {4 • 75.CO • • 0 1400 A N O 2 77.03 I 34—7___.:. o /////////////////// C N'9 ° 0fv �k� URv E . - er STREET 93 ` • .T r R.52 N89° 22 E 266.2 1 20 84.2 tet_— �" t 9 s 1 4000 4 400 3800 390 0 34c 32 Ac Q 39 Ac. 4. 22 Ac. o• • E- (2) 0 o � o a N SEE MAP O/-''.-1:N N 0 2S 1 38 0 • 95 90 r) • 4100 2.92A c. Tr 20 84.2 to W W N a N . a O 0 O 0 4200cn H 42Ac. �� 3 �'. ^' ^ r-N O Q 1 — -/N '.' '+ f H • - in - - - •� ^ QS ^ 71 r- .. rn \ N77°°-Op v b - 10000 2 ^ . BC Z o_ Q I z z oro 1 108077°474° W p•N O N77917' .. • IGo.p`L.-'/ N77°4740c •32.29 62 45 Z Z4-----,05g, .27 2 'N 4Z O , ,•74.33 "o�• 60 •o g' 0 1800 0 A 4300 W pOOo',a�Nat°z,'zz� we�z�'2z'E av z R SEs, 8 66 (.7,.,C, Qz ^ 67 2100 ry m ", f N87°53' 25 W ' 0 ry 0 23 Q • r I I O.1 1cr) p to p.00WALKWAY 9.99 : wu 99.897"\ '� ry m 0 to fil .0 fro .r-i W '0 \ N 110.00 N 77°47 W ,00-6-6-- .�� ^ 2 • 100 00 400 p Q, 1000 1900 .1., °p°0 g;- 59 '0 68 N °,2000 h 4400 o a N 0 o n v �+ t-1 u 92 • P • o of m 2 2 �'' O E P N mO' 1 a. a°as° ac��� �d Z 69 8 .10.• m ' W . to ..-9 t° 1 1 ,,,s, " 900 os• SQ° ^ • too oO 6 o- N oo r • C ^ 4.500 0 � ' o • Ull i . �\ \\09101 OZ�' 5300 77907 4p 4, •\r,1N ` ^ N ^'" •••!.....1 - .L'i O �tiQ ` 800 • COU o cc,), 21 m 4; +) 4 r _ mil r a Jt.op •, 1. 0 11 �e H 1.. _ . ` .5.1..,01. ,....... • 0 , 57 O1 , 700 •-74 85.00 .� ,0 _ o OP a� a .... w s ,. Pati N -: 600 �lto - 4 al ani IN 56 . _12, 8 4700 4s,: c O: 1O5 00 O 8 91 7 4 w It 0) 0- ° 4o w • 20 o q; = 4600 °a^ati �Z�o o too c � a"y°�p400NSO?3�°� Nn N7�g7 oW , r ' Op 3• 2J'k z^ 4800 ,.$ ..2.0OO,r '� ZO ^- °",o� °°Z 5319 ° • ti CO o [30.00 N 82026'0�..w `� :r��/' S 300 /9 "."-'7'" ?yy, /,y 60,19 ,,l 2 J J•8 N i •'. .,'•I 1 o 2000 NJ`o ;,',, i9, r.'� ` - N 100,52 s -+ l os N 76 00z `�> 51 am V1 °jw . co4900 4 0 0 • 05, • 83.33 83' 18 0 4, TRACT B S87°28 40 E '`N 87°46.54"W 61 64 �49S 88°02 40„E • • 60C'+''' o r N o P ,� /yo M- Z ' SS°3 Bi _•c S 6 + • 60.00 q 70.51 5000 9 ' i .01 k D 20 5200 5100 1. + a m 0 ���� 1 7 1T1 -1 I5 N o 16 O ,0 .. Z 0 - 0 o W p z - C O O N p m 100.00 N 88°02'40 W • 137.90 70.00 9- 10.00 307.90 - z 100 c. .00 75.00 S 84°45'27��E 208.37 °V N 88°02'40"W , SEE MAP 2S 14AD _ - -- , --�` q' X.tt �+� -.4 '7e";':b t .s t ys '!`t'r 4'Vt.. ,:}. R' '31y1 • T o/. _ . 0,<• /g>G I 7eeee 9adazaace eomfgaft, 4,po title insurance 12012 S.W. Canyon Road/Beaverton, Oregon 97005 escrows Phone 646-8181 HEAD OFFICE 425 S.W. FOURTH AVENUE PHONE 222-3651 City of Tigard Order No. 317668 P. 0. Box 23557 June 12, 1970 Tigard, Oregon 97223 Attention: Mr. John Hagman Gentlemen: We are prepared to issue Owner's Title Insurance Policy covering: See EXHIBIT "A" attached; showing title on May 27, 1970 at 5:00 P.M. , vested in: CITY OF TIGARD, OREGON, an estate in fee simple; subject to the usual printed exceptions, and 1. 1969-70 taxes, $43.31 plus interest unpaid. (2S1 4AD 4501 23-8; AFFECTS PARCEL II) NOTE: 1969-70 taxes paid before plat was filed. (2S1 4AA 4600 23-46; AFFECTS PARCEL I) 2. Tigard City Liens, if any. 6,7,e, r 3. Easement, including the terms and provisions thereof, granted to Portland General Electric Company, dated October 30, 1952, recorded December 31, 1952, in Book 340, page 145, Washington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) (sr£ctt- 4. Easement disclosed by deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, recorded July 5, 1968, in Book 704, page 248, Washington County Records, to-wit: "Together with a non-exclusive easement to right of way and ease- ment for road access and utility purposes over the following described tract of land, to-wit: Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; running thence North along the section line, 206.7 feet; thence West at right angles to the section line, 50 feet; thence South parallel to said section line, 400 feet; thence East at right angles to the section line, 50 feet; thence North along the section line 193.3 feet to the place of beginning. " (AFFECTS PARCEL I) 6,07Acp4A5. Life estate of Alfred Bell, reserved in his deed to Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. • • City of Tigard---2 Order No. 317668 Griffin, recorded July 5, 1968, in Book 704, page 251, Washington County Records. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) 6. Mortgage, including the terms and provisions thereof, given by Brayson and Griffin, a co-partnership consisting of James W. Brayson and Q. B. Griffin, to Morgan Pacific Co., a division of First National Bank of Oregon, dated May 16, 1968, recorded July 3, 1968, in Book 704, page 141, re-recorded July 8, 1968, in Book 704, page 363, Washington County Records, to secure the payment of $180,000.00. (AFFECTS PARCEL I AND OTHER PROPERTY ALSO) ( ,q i) 7. Right of Way Easement, including the terms and provisions thereof, granted to City of Tigard, dated September 16, 1968, recorded February 28, 1969, in Book 734, page 562, Washington County Records, for sewer. (AFFECTS PARCEL II) GArrowNED)8. Restrictive Covenant regarding underground wiring, executed by J. W. Brayson Builder, Inc. , recorded June 4, 1969, in Book 745, page 523, Washington County Records, reference to which is hereby made. (AFFECTS PARCEL I) (A le 9. Easements shown on the plat: "All side and rear lot lines to have a five foot utility easement. " (AFFECTS PARCEL I) (ANt7) 10. Easement, including the terms and provisions thereof, given by Alfred Bell, a single man, to City of Tigard, a municipal corpora- tion, recorded February 28, 1969, in Book 734, page 550, Washington County Records. (AFFECTS PARCEL I) 11. Condition contained in deed from J. W. Brayson Builder, Inc. to City of Tigard, Oregon, recorded April 14, 1970, in Book 776, page 707, Washington County Records, which recites: "Said parcels of real property are conveyed to Grantee so long as Parcels I and II are used as a park. Grantor has a possibility of reverter, and the Grantee has a fee-simple determinable. " TITLE INSURANCE COMPANY Washington County Branch William H. Dunn WHD/lc • Order No. 317668 EXHIBIT "A" PARCEL I: Tract "B" , BELLWOOD, in the City of Tigard, Washington County, Oregon. PARCEL II: A tract of land in Section 4, Township 2 Souty, Range 1 West of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Lot 10, BELLWOOD, a duly recorded plat in Washington County, Oregon; thence South 87°26'00" East 309. 57 feet along the Southerly line of Tract "B", said plat of BELLWOOD; thence South 44°32 ' 13" West 453.05 feet to the Northeast corner of Lot 1, said plat of Bellwood; thence North 1°26 '40" East 336. 88 feet along the Easterly lines of Lots 9 and 10, said plat of Bellwood, to the point of beginning. '02 4 ^R_ N87'2455E ^ 72 •) J • ::6 C _ r 3i iL 4° `;'2 t • • • • h 4'77° .93 'SO ^ IO IO 70.00 •• • - _ ,R 00 30I7 •8.89 28 46 SO.00.�, 120447 ., w •• 1744 o. o00 0 4200 !° 4100 Z. 'o.:• �_a� e 3800 ; 3�0 p • n 4, 0 O m 4' 3 ;Is O 01 r 61 5• so �•„A 66 ° o°O 2200 a 2 4 0 2 5 0 n i` 27 $ ; 28 " ;CC 29 1n \ 120.00 vi'.0 •- I ^Rr 71 n 2 �•971 i l z Z 4'77° O ,, • 04'00 z ^ 0V3 k' I I0N 4740 W 0 -N O 8H77Q{7e0"W • 1000P I •'477°4'40 77°q 40 80 0 •32.29 62 45 Z z1.---:,..' — .'8" • '• 33 • 74.33 a 0 . O � O 1800 " W rp4 ' • ° • 49e 4,.22"E 4'89°2' 46"E 4 d 66 -, • 60 M _ O O 4300 12294'86 27'22 f Ne7°s3'2s' w u • _� ^ 67 ,° 2100 0 o m 23 •' • 110.11 7 0 1/4 e. 10.00WAUCWAY 9,99 • .N . 9 (`�\l .n _^' y0 1 110.00 • N 77047 3 µ, .I 144 ^ 2 • 100 0p 400,. . . �\.. 000 N 1900 W ° • ^ •M •;• 59 0 68 "�N a 200( h 4400 • N 47 O A P LI.'- 0'9 a E P9 a 8 -C cv 2 2 0 N m °4a as .; a z 69 0 •* " NTq 900 'co," • �� �s00 a 00.00 26 58 ; .3 °' 1, s•0o "' '744 0 40w \hP� • N o 4 5 0 , , °800 Cw m j .. 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' _......Ir.. ,..b.•a•or.tbs. ••*stall �;fib N.� ., • o,l ties. blk a.wt for.M poaq end Data M*�••�•m"'•� -... y.� e�- C' • � l \ ' t li 1 il • 41149999994 { . 34 tr -, .+ t. ,1 pp r tt ,C',-',`a. it 'i ', ml •4. • ,� s , ,,, -?"t.,-,.,,c,, li ,:i -I � si -?; t R y. •Af =.t, yatt • i•••. 4�"a, it'1tt .' 5 •y• .e...,„.•. r .•414•41i `t' . � - . -.1,v4,..4 _ .1-rems- S U H KNOW ALL MCJ PY THESE Phis; I!TS, That ALFRED BELL, a single man, hereinafter called grantor, in consideration of Twelve R - Thousand One Hundred Twenty-Four and 72/100ths ($12 ,124..72) Dollars (.4 to grantor paid, the receipt whereof hereby is acknowledged, does -, hereby grant, bargain, sell and convey unto ERAYSON AND GRIFFIN, a w co-partnership consisting of. Jr.mcs W. Breyson and Q.B. Griffin, here- inafter called grantee, and unto grantee 's heirs , successors and N assigns all of that certain real property with the tenements, hered- Z itaments and appurtenances thereunto belonging, or in anywise ap- pertaining, situated in the County of Washington, State of Oregon, �„ described as follows, to-wit: TRACT I_ Beginning at a point marking the Southeast corner of the Northeast quarter of the Northeast 1 quarterof Section 4, Township 2 South, Range 1 o West of the Willamette Meridian, Washington County, Oregon; running thence North along the section line a 206.7 feet; thence gest parallel to the North line 1 of said Section 4 a distance of 660 feet; thence '`l South parallel to the East lino of said Section 4 a distance of 400 feet; thence East parallel to the North line of said Section 4 a distance of 660 feet; to the East line of said Section 4; thence North 193 .3 feet to the place of beginning. TOGETHER WITH an easement for road and access purposes across the following described tract of. land, to-wit: Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South., flange 1 West of the Willamette Meridian, Washington County, Oregon, running thence North along the Section line 25 feet; thence East 75 . f feet; thence South parallel to the Section line be • - tween Sections 3 and 4 to the centerline of Millers Ferry Road; thence West along the centerline of said . road to the East line of said Section 4; thence North • along the section line to the place of beginning. t 3� , ---,=,...- EXCEPTING AND RESERVING TO ALFRED BELL the L\` ---,=,...-`P-\ possession and use, together with the rents, issues . GS and profits therefrom, for and during his lifetime that portion of TRACT I described as follows: - Beginning at a point marking the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range I West, W.M. Wash- . ington County, Oregon, thence West parallel to the North line of said Section 4, 466.7 feet to a point; thence . South parallel to the East line of said Section 4 193.3 feet to the Northwest corner of the Vernon L. Trig, properly; thence East parallel to the North line of said Section 4 and along the North line of said Trigg property 466.7 feet to the East line of said Section 4; thence North along the East line of said Section 4, 3�'w� 193:33 feet to the point of beginning; V;5cP� r__,__ /` TOGETHER WITH an easement for road and access purposes across the following described lands: Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West, W.M. , Washington County, Oregon, thence East .\ ,� 701 �. 251 . • 7 C 9 75 feet; thence South. parallel to the section line between Section:; 3 and 4 to the centerline of Millers Ferry Road; thence West along the centerline of said road to the East line of said Section 4; thence North along the Cast line of Section 4 to the point of be- ginning./ _______ __ The reservation of a life estate shall be per- ' 4 sonal to ALFRED BELL an shall continue through hi.s lifetime, to terminate upon his death. Grace D. Gouldston; executrix of the estate of Erwin T. Wills joins herein to release any claim of the estate of Erwin 1 T. Wills with respect to the above described premises and hereby confir;:, the specific devise of the above described premises to grantor, Alfred Bell, pursuant to the Will of Erwin T. Wills. The true and actual consideration for this transfer is the sum of $12 ,12.4.72. I r To Have and to IIold the sane unto the said grantee and grantee's heirs, successors and assigns forever. i I In construing this deed the singular includes the plural as the circumstances may require: Witness grantor's hand this 28 day ofJune, 1968. • : . (-4,...tA ,i11-____p /Ai. 2. _ C•. .,x e IA,: 'c.- �6.--4.71 CQ, 1 1 STATE OF OREGON ) ss. .June 28 ,l9h . . County of Washington ) Cf , Personally appeared the above named ALFRED BELL and ack- •novledged the foregoing instrument to be his voluntary. act and deed. • z� Befo , me: . , J ' ot;ry Public for Oregon ;I • My Comm-Expires: Peh,7,1972 • STATE OF OREGON M �n ) ss . ?8 1968. County of t.a..,hin t ) Jug— ' I Personally appeared the above named GRACE D. GOULDSTONE and Iacknowledged the foregoing instrument to be her free act and deed as executrix of the estate of Erwin T. Wills, deceased. Before me: riC.f_22 7• a\i A 4.t-1-?t--, ( Nota=�y Public i:or Oregon 1 " My Comm. Expires: Oct. " ,1970 -/,f,• •; '• ,.. ...kW c-; /} t .9 Filed tot record `77R,4c l,V.M. (' n . , K ra., `d.:,,,,,,. ROCGII THO[i5"CFS;Dito, t of occt'i & Electk;,n, 2 - Deed e / 4,i..e:4-�r;-f--D.rut, . I . � / " Number: - Deed Reference: J KNOW ALL MEN BY THESE PRESENTS: That we (I)-_ Vernon L. Trigg and Bernice __ Trigg, husband and wife. (Tax Lot 200 2S 1 4A) __ _ .4 I . 1 hereinafter termed grantor(s), in consideration of the sum of$-_1.G 0 CITY OF TIGARD, a municipal corporation --- to be paid by p of Oregon, hereinafter termed the City, hereby grant, bargain, sell I4 and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together ; with a temporary right-of.vay and easement to use an additional area hereinafter described and designated r temporary easement. for the following uses and purposes: Ii 1. Perpetual easement: tit An unencumbered perpetual right-of-way and easement for the purpose of constructing. recon" structing, operating, maintaining, inspecting and repairing of an underground sewer line and 1 appurtenances, together with the right to remove,as necessary, vegetation, foliage, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands. subject to the casement, and the right to make such use thereof,except to construct buildings. i i r as will not interfere with the uses and purposes of the easement;said easement area being 7•5 feet on each side. when measured at right angles, of the following described center line within the i following designated premises: 1i Beginning at a point on the northerly line of that tract of land in deed to Vernon L. and Bernice Trigg, recorded Book 318, page 172, Washington County, Oregon, said point being North 87°04' West, 157.30 feet from the northeast corner of said tract; thence south 43°40' West 453.05 feet a"0-.,' i to a point; thence South 0°30' West 1!0.00 feet to the ' Southwest corner of said Trigg tract. Y� Being limited to that portion lying within the boundaries of said Trigg tract. qq 1 1 The true and actual consideration paid for this transfer, stated in terms of dollars, is $1.00. i i I i - • 1 i 2. Temporary easement: _ Together with the temporary right of ingress, egress and regress, and use for sewer construe- tion purposes, of additional lands lying parallel to. along both sides and within.- 15 _feet. when measured at right angles, of the above described perpetual easement area,excepting and reserving to grantors the unencumbered enjoyment. use and preservation of all structures present upon the premises This temporary easement shall terminate upon completion of the — sewer construction work, at which time, upon request of the °utter, the City will issue a written release thereof. I Era• 734 PAS;562 t 1 „.e.---- ' . ;1 • o 21 S r 17 i H ■ 6 S i Should it be necessary to cut and remove any brush. trees, or other matter or materials from the casement i area, said brush. trees. or other mailer and materials shall he removed and disposed of by the City and the City shall lease the easement area in a neat and work manlike condition. The City agrees that in connection iI with its use of the perpetual easement area and in ins lectin;;. repairing. maintaining.or replacing said sewer it } line, the City will lease the premises in a neat and work manlike condition and as nearly in the preexisting state �� Ias practicable The grantors du hereby warrant that they are the owners in fee simple and have the right to grant the !i abose described easements. Witness our hands and seals this _tG _day of Yl - -, ig 1,5..._. .1 - - -- — >L- � - —(SEAL) (SEAL) • — — —(SEAL.) L.,.r.,....4_4....../2,74-'-- 4 ..2 ' SEAL) • ---------- -(SEAL) - -- —(SEAL) I For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. i IDated this , _day of _ — __—_—_ . _--,19__ _ .. 1 Mortgagee — -- -- — - — Title 1 STATE OF OREGON. ) 1 County of -TJetshington__ _, ) 1 On this iG day of September_ _, l968_ • Personally appeared the above named Vernon L. _Trigg and Bernice .Trigg____ — ---_-_ - and acknowledged the foregoing instrument to be their voluntary act and Bred. Before me: ` .-, I 4 fv.: . e.b 'f Oregon # My Commission expires:"> Comnlss.on E,niies Sept. 11, 1.::..) y i I..,. . ...•••. , ' (Tht r • r• •• . • ; -. . • i . 1 , • 't• . i i . - I I • ' . .. - . • . • . . • . . ,• / . , 1 - 213 • I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder for the City of Tigard, Oregon. 1 ' 1 Lifit.rt.111:ro7ITIT natoy/p101:::sTgara'esci c'ItIlsi-etoldlrasnlIhth:py ..,.. ......official records of the City of Tigard, and that the here- with ..... ••.•0:.;i ,i::, . copy is a true and complete copy thereof. IN WITNESS WHEREOF I have hereunto set my hand and seal of the City of Tigard this 27th day of February 1969. . .... , - • .. . . t 1 . , • ' ... * . City Recorder - • -, 7: . ....-.....:.;.: - . .. . — 1 _ • .- • I ..,,-- .-.....•. ,.. • . - . • • i ,J- . - i - t en-1 7 3.4 PA2E564 10 X21. RESTRICTIVE COVENANT THE UNDERSIGNED, as the fee owner of the following described real prpperty, the same being the real property now duly platted as BELLWOOD Subdivision, as said plat is now recorded in Book 27 , Page 14 , of the Plat Records of the County of Washington , State of Oregon, hereby make the following (additional) declarations as to limitations, restrictions, and uses to which the lots and/or tracts constituting said addition may be put, hereby specifying that said declarations shall constitute covenants to run with all the land, as provided by law, and shall be binding upon all parties and all persons claiming under them, and for the benefit of and limitations upon all future owners and said addition, this declaration of restrictions being designed for the purpose of keeping said addition desirable, uniform, attractive and suitable in design and use as herein specified: No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes nor any pole, tower, or other structure supporting said outdoor overhead wires shall be erected, placed, or maintained within this subdivision. All purchasers of lots or tracts within this subdivision, their heirs, successors, and assigns shall use underground service wires to connect their premises and the structures built thereon to the underground electric or telephone utility facilities. IN WITNESS 1REOF, the undersigned has caused this instrument to be executed this 16th day of May , 196_ 0 ;.1-/24/.T,Z5L --,--- J. ayonilder(n . Execute Appropriate Attached Notary Form 4-23-63 • APPROVED AS TO 1 ' ' + ji. TER:.',S AND CONDITIONS •: « ,t-6(-e/i.2--4111. BOOK 745 523 _ THE SKETCH BELOW lb MADE SOLE:F' FOR TPF YUMMOS!*.iF A.. .i.1w;let rua.r.lenv S4'' PItMISES AND THE COMPANY ASSUMES NO LIABILITY fOR VARIATIONS, =TEM t$S • I Y, :N DIMENSIONS AND LOCA IONS r:SCERTA!NE1 • kCTUAL SURVEY. f3E1 1 ' ' 'OO ? f. /f3/111'O / !DN 3 9 FMD -� ! N L 111EC W F?SAW 01 THE N.E. 1/4 SF.CT:+-;°t 4,T-2S,R-il'?,14/'1. !I2 TO .O.. COUN ZE,,. .., . (NIT1AL FONT---.# ! l\ pi ' rs a; !. , !. 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ST COrf)wlaa. • XTEnM * 10 • / L; i Number:" Al.21 b Deed Reference: ri i KNOW ALL MEN BY THESE PRESENTS That we (p—_—__ ALFIZ.:'J ' i _a. single_Marl,,._ - --- — I. hereinafter termed grantonsi, in consideration of the sum of ._1-n0 CITY OF 1'lt;AltD, a municipal corporation of Oregon, hereinafter termed the Cit herebyto be paid by 1 and convey unto the CITY OF TIGARD ayanY• grant, edrgaig, sell with a temporary right-a[-way and easementto anadditional area easemhereinafter ent as e1described nafter sand designated temporary easement,for the following uses and purposes: t 1. 1. Perpetual easement: il An unencumbered perpetual right-of-way and easement for the purpose of constructing, recon- structing, operating, maintaining, inspecting and repairing of an underground sewer line and t appurtenances, together with the right to remove,as necessary,vegetation, foliage, trees and other obstructions within the easement area, hut reserving to the grantors the title to the lands. subject to the easement, and the right to make such use thereof,except to construct buildings. i i i as will not interfere with the uses and purposes of the easement;said easement arca being-7.•5_ . feet on each side,when measured at right angles, of the following described center line within the following designated premises: Begi.nn`_ng at a point on the North line of the hereinafter described tract, designated Tract II, south 09° 59' West 1 69.0 feet from the Northeast corner of said tract; thence South 21° 27' West 232.3 feet to a point on the southerly ! line of the hereinafter described Tract II, said point be- ing 370 04' West 157.30 feet from the southeast corner of i Tract II, described 'as follows: j T':act II: Besi nni_n^ at a %o;. d nt marking the ;eutileast corner ' of the -gortheast quarter of the Northeast quarter of sec- t tion 4, Tewnshp 2 South, ..ange-1 West, W.M. .Iasbington f • County, Oregon; t_-.once t.1ast parallel to the North line of said :,ect'-on 4, 4GG.7 feet t ; a point; thence :youth parallel to the .:ast line of said Section 4 193.5 feet to the Northwest corner of the Vernon L. o-?er Tri-�•�3� ?= ty; t'umcc ;ast parallel to the North 1'.ne of sa'.% ;cct i.on 4 and alon;; tin North line of said Tricg property 466.7 feet to the :ast line of said Sect.:Ion 4; thence N rth alon-- t.L-w That line of said Section 4, 193.3 feet to the pont of beg'.nn'.ng. 1 I. I 1 The true and actual consideration paid for this transfer, 1 stated in terms of dollars, is $1.00. F i i s 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within__-.?i—__feet. when measured at right angles, of the above described perpetual easement area,excepting and reserving to grantors.the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion of the I sewer construction work, at which time, upon request of the owner, the City will issue a • written release thereof. l t - x 734 r,cE 550 3 7 y 1 iiili 1 ) 2 . y 1 1 ,I t• j 1 r Should it be necessary to cut and remove any brush. trees, or other matter or materials from the casement area, said brush, trees, or other matter and materials shall he removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintainin;,or replacing.said sewer Iy line,the City will leak the premises in a neat and work manlike condition and as nearly in the pre-existing state as practicable. The ;rantors do hereby warrant that they are the owners in fee simple and have the right to grant the A above described easements. 1, t Witness our hands and seals this - 17t _day of �e)t�^.)JC'' 19.6_3___ —— -(SEAL) - - f'_.-- - (SEAL) • ---- - ---- — —(SEAL) — (SEAL) �. ti i t — - -- --I . (SEAL) -- (SEAL) iZt 11 a 1 icy ,, 1 ,! I, DORIS `iARTIG, Here .i 44 qualified, and acting hereby am the P I further certify that I have compared the herewith copy I with the original in my possession as custodian of the official records of the City of Tigard, and that the here- with copy is a true and complete copy thereof. t t IN WITNESS WHEREOF I have hereunto set my hand and seal of the City of Tigard this 27th day of February 1969. ti F. .� City'r ecorder ,1.._7,i %,:.4;2, ^,. ! —..____ • 1 l • .. tee (. . . teat( 734 Ft.Z552 • . 21 • • • • i ,y Should it be necessary to cut and remove any brush. trees, or other matter or materials from the easement area, said brush. trces, or other matter and materials shall he removed and disposed of by the City and the City shall lease the casement area in a neat and work manlike condition. The ('ity agrees that in connection with its use of the perpetual easement area and in inspecting. repatnn;, maintaining• or replacing said sewer line. the City will least the premises in a neat and work manlike condition and as nearly in the pre-existing state i i as practicable. 1 The grantors do hereby warrant that they are the owners in, fee simple and have the right to grant the 1 above described easements- 1 ! Witness our hands and seals this-- _ '7t.1 —day of .fie Jterabe 19 i 3 — f ---- (SEAL) — — -- — —(SEAL) ---- (SEAL) ' I — — _(SEAL) — (SEAL) 1 For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted, .Dated this-..17 tip day of Mortgagee — — j r • STATE OF OREGON. ) Title County of.-%_s;'_.n_t9[1—_ ) ss' On this —day of __ _ fa La personally appeared the above named • ZILF2LD _, 1_51, ��n - and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: 1 (Lif >17!. t7'2t-4 Notary Public for Oregon My Comhtission expires:-____ t : ±L �1��1�1 J r+� r r • I i 1 I 1 i I. - ` ' I, DORIS fi,4RTIG, herebyI qualified, and acts certify that I am the duly appointed, III ng Recorder for the City of Tigard, Oregon. I further certifyg � with the original that I have compared the herewith copy i official records of the possession as custodian of the • with copy is a true and completeof lcoayd, and that the here- IN WITNESS � Py' thereof. the t WHEREOF I have hereunto set my hand and seal•of City of Tigard this 27th day of February 1969. ,\. ,,..N y eco er `J.• 017—'27;:,,- ,,,,.7 y.,, a sis 734 F".a. 2 _ .