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MIS1991-00001POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 50- 16698, 16700- 16748, 16750 -16798 SW 72nd Avenue (2S1 13AD, 1800) & .!_•.KY7:,tkt,YLtito.lug .C.r=::Xi".� i�t � STATE OF OREGON County of Washington City of Tigard I, depose and say: (Please print) AFFIDAVIT OF MAILING lA. VVIL t , being first duly sworn /affirm, on oath That I am a l let A .�..1.4vekl ,�a . -- for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC MARVA FOR That I served NOTICE OF DECISI ©N FOR City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A, copy (Public Hearing Notice /Notice of Decision) of which is attack %4arked i ;xhibit "A ") was mailed to each named pi z at the address shotiv,, on the attaches list marked exhibit "B" on the „2, ► day of said notice NOTICE OF DECISION a,M hereto attached, was posted od an appropriate bulletin board on the day of L9_ ' t ,; and deposited =i a tthEt.,United States Nail on the 2 da of 1.3.r.� U v 19_221_, s tie,` V epaid. eparee Defies y �zr ub o,�`��' �diand sworn/affirm to me on the . P agted' t Fur DecisiorLSOYA day of n who NOTARY PUBLIC OF OREGON Ay Commission Expires: • eli verod to POST OFFICE and s r0r .!affirm to me on the day of NOTARY PUBLIC OF OREGON '� My Commission Expires: V ESduisocl A CITY OF TIGARD NOTICE OF DECISTON LOT 7,AINE ADJUSTMENT MIS 91 -0001 PACIFIC REALTY ASSOCIATES APPLICATION: Pacific Realty Associates requests Trot Line Adjustment approval to adjust the common of lime between parcels currently 205,715 and 250, /04 square feet in size so as to create parcels of 28J,021 and 256,398 square feet. Both parcels are Oregon Ore of the developed with industrial buildings that are part 9' Business Park I. The adjustment is proposed in order to transfer an area which includes a vehicle fueling facility to tax lot 1900 (parcel 2) at the request of the mortgage holder for tax lot 1800 rcel 1) A. map of the proposed adjustment is attached. Zoning Designation: I-L (Light Industrial) . Location: 16650 ®90,16750 -90, and 16700 -48 SW 72nd Avenue (WCTM � l.1AD, tax lot 1800) and 16600-40 SW 72nd Avenue (WCTM 251 13AD, tax lot 1900). DECISION: Notice la hereby given that the City of Tigard Community Development r:: °rector's designee has AFPROWD the above request subject to tI >,1 following condition: THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE ,APPLICANT RECORDING TI3E LOT LINE ADJUSTMENT SURVEY WITH WASHINGTON COUNTY. 1 A lot line adjustment survey map and legal descriptions showing the existing and proposed lot Tines shall be reviewed and approved by the Engineering Department. The applicant shall submit evidence that existing or new easements to be recorded with the survey will guarantee reciprocal access on all driveways that may be shared 6y users of the subject properties. STAFF CONTACT: Bill Paerski, Engineering Department (639 - 14171) THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE FINAL DECISION DATE NOTED UNDER THE PROCESS AND .APPEAL SECTION. BELOW " i ngs and conclusions on which FY�� INCS AND C���iCLUSIONS The i�.�d�. the decision is based are noted below: Cva,unity standards Development Code Section 10.162.060 contains for approval of a lot line adjustment request: 1. An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size NOTICE OF DECISION PA.CIFIC REALTY ASSOCIATES MIS 90.0001 PAGE a by the adjustments is not reduced ;be.ow the minimum lot size established by the zoning district; By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulationz for that district and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. No new lot would be created through the adjustment. No minimum lot size is required by the I L zoning district. Both parcels will continue to exceed the 50 foot average lot width standard of the zone. All buildings on both parcelo will continue to meet or exceed the minimum required setbacks of the I -L zone. All site development improvements applicable to the developed parcels will remain consistent with Code requirements. In addition to meeting the above standards„ a lot line adjustment must also meet the following criteria applicable to lots created through the minor land partition, process (Code Section 18.162.050): A. Lot Width: The minimum width of the building envelope area shall meet :helot requirement of the applicable zoning district. Lot Area: The lot area shall be as required by iho pp g riot 4 case of a flag applicable Bonin di.s:��i„ in the c lot, the accessway may not be included in the lot area calculation.' C. Lot Frontage: Each lot created through the partition • rocess shall front a public right -�of way by at by ,. least 15 feet or have a legally recorded minimum 15 foot wide access easement D. Setbac s: Setbacks shall be as required by the applicable zoning district. the . Front Yard Determina for or Flag Lot: when,; partitic' -d lot is a flag lot, the developer may deteW7r ine the location of the front yard, provided that no side yard is less than 10 feet. Structures sell generally be located c soas to maximize paration from existing s ee NOTICE 01 DECISION - PACIFIC REALTY ASSOCIATES MIS 90 PAGE 2 F. Screening on Flag Lots A screen shall be provided along the property line of a lot of record where the paved drive in an acce - sway is located within ten feet of an abutting lot in accordance with Sections 10.100.000 and 10.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Gu Fire Protections The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. H. Reciprocal Easements: Where a common drive is to be provided to serve more than oz a lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. I. Accessways Any accessway shall comply with the standards set fort" in Chapter 18.108 a Access, Egress, and Circulation Where landfill and /or development is allowed within or adjacent to the one -bzr dred -year floodplain„ the City shall require the dedication of sufficient open land area for greenway adjoining and within the flood; ..ain. This area shill include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria A, B, and D are satisfied as described above Criteria E, F` and J are not applicable to these parcels. Reth parcels will continue to have more than 15 feet of frontagre on the public right -of -way of SW 72nd Avenue. Existing accesses and fire hydrants are provided consistent with Community Development Code a:cd Uniform Fire Code standards thereby satisfying criteria G and I. The applicant shall demonstrate that existing easements or easements to be recorded along with the submitted lot line adjustment survey will provide for reciprocal access between the parcels as necesieary when) driveways may be shared. The City of Tigard Engineering and Building Departleents have reviewed the proposal and have offered sic commeAts or objections. The Engineering Department will complete a detailed review of the submitted lot line adjust t ent surve y map NOTICE OF DECISION - PACIFIC REALTY ASSOCIATES MIS 90 PAGE P 0 01 • and legal descriptions prior to the end of the appeal period. The applicant shall submit the requested easement information to Bill Eaerski of the Engineering Department. Service providing utilities will have th opportunity to, review the proposal and decision within the 10 day appeal period and decision if it may addere ;ely May request reconsideration of the c affect the utility's or :dire district's abilities to provide service to the subject properties or neighboring properties PR 1 nog AND APPEAL INFORI4ATIO ? Notice; Notice was published in the newspaper, posted at City Hall and mailE d to: _x __The appl iamt and owners ___Owners of record within the re'quired distance _x The affected Neighborhood Planning Organization _Affected government agencies a. Tualatin Valley Firs' and Rescue b. GTE c. PGE d. Tigard Water District, e. Columbia Cable Television 2 . Final _ Decision: THE DECISION SHALL BE FINAL ON 2/6/1 UNLESS AN APPS IS FILED. ,Appeal Any party to the decision may appeal this decision in accordance with Section 10.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal the schedule and forms are available from the Planning Division at Tigard City Hall, 13125 SW Hall Blvd., T gard, Oregon. The deadline for filing of an appeal is 3 :30 4. CuesI ens: If you have questions, please call the City of Tigard Planning Department, City of Tigard. City .Hall, 13125 SW Hall Blvd., Tigard, Oregon. rry Offer ssociate.Planner APPROVE BY: Keith Lidei t Senior Planner / 0-0/ DAVE 2 If DATE NOTICE OF DECISION - PACIFIC REALTY ASSOCIATES MIS '9 0,MOQ01 PAGE LEGIBILITY STRIP 4V 172 °53' , 824.5e) 38901E a.. VACATED PROPOSED LOT LINE ADJUSTMENT OF TRACTS W NEM SECTION I T2 RI W. ilbstll'Ark,n Comfy. Oregon .Sgale ° s 5c4 f ..Zn degq i i � r } - it of 77 BUSAIESS 2511BAC- 00100 WASHINGTON COUNTY 150 W FIRST' HILL'3BORO OR 07123 20113AD -00400 ........ .......e EDENS, GECAGE 309 10TH ST LAKE OSWEGO 0;,+. 97034 2S113AD -01700 ..................... BINGHAM .INVESTMENT CO 3939 SW ST HELENS ROAD PORT4AND OR 97210 PACIFIC REALTY ASSOC.' LP ATTN: DAVID WRIGHT 111 SW SEQUOIA PARKWAY PORTLAND OR 97224 PACIFIC REALTY ASSOC. 15515 SW SEQUOIA PARKWAY PCIR L ND, OR 97224 CRAIG HOPKINS 7430 SW VARNS ST TIGARD' OR 97223 C --002 0� 2.5131 o •a••••a •• s•w♦ • SITTEL, RALPH A AND BETTY % N('iRRXS, PETER MMYERS, GARY 16520 SW BIT BOONES FRY RD PORTT► OR 97223 2S113AD -00500 ......•b•e•... ♦•s.•e• SWETT, CARL R 13485 ATWATER LANE S LAKE OSWEGO OR 97034 MIKE LUTZ GENERAL TELEPHONE 3.2460 SW MAIN ST. 7yIGARD, OR 97223 BRIAN MODRE PORTLAND GENERAL ELECTRIC 14655 SW OLD SCHOLLS FERRY RD BEAVERTON, OR 97007 TIGARD WATER DISTRIC 8777 SW BURNHAM ST TIGARD, OR 97223 .°OL +33 MA -cA LE 1Z200-SWrl x CT -- TUALATIN VALLEY FIRO & RESCUE 20665 SW BLANTON ALOHA, OR 97007 t A!reck. ,11 *we. ittrao CITY OF i I G ARLi A Lii PT C 1 l M NI Pi.:.0 . T t 'Al.-208403 CHECK AMOUNT : 210.00 NAME PACIFIC REALTY ` A SOC CASH AMOUNT 0.00 Al DRE L 3 11 T L RO1,Jl*i PAYMENT DATE 01/08/91 11 . i 5 3W SEQUOIA PKWY #200 SUOD X V 1; I Ohl TZ 3(*.D OR 97224— P'URI JSE C1F* PAYM 1T W�MNMM4 �h .. .... ,... -I' wrirwtiw.YV wi JwMHrww�iwi� .Y4rWLM,uwMrww,Prr+iw 1 ANO USE AF'P L 4...10. 00 PU 00 , wrii4 .iLl�ni'�rNi.�YW.�.Hw..wa.IJ wrM .W ';',110 u .tee IL LT L EM ADJUSUMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1. GENERAL INFORMATION PARCEL 1 ..16650 -98 16750 -9P V16700-48 PROPERTY ADDRESS S.W. 72nd Ave . , Portland, OR 97224 TAX MAP AND LOT NO. 2S1 13AD 1800_. . PRDPERTa ants •Pacific Real ty Associ aces L.P. maws ss ,l.6. SW Seauoi a., Pkwv - PHONE 21-_,_,6,13D0 CITY o Po rf,7 a n 1.,. _0....__. ZIP PARCEL 2 1660(-40 S.W. 72nd Ave PROPERTY ADDRESS _ Q t l tus OR 97224 TAX AND F T NO. 2S1 13AD 1900 PROPERTY OW RS _ Pacific Realty Associates, P. 4 624 -6300 ADDRESS 15115 SW Sequoia Pkwy PHONE CITY Portland, OR ZIP 97224 APPLICANT * /AGENT Pa _ifi R-_dltry Assnriates, N...2 ADDRESS d' I j Sp, ,gia„ PHONE 624-:§310 CITY *When the owner aad th applicant are different the applicant must be the purchaser of record or a lease in possession with written authorization from the aipmer or an agent of the owner with written authorization. The owner(s)muSt sign this application in the apace provided on page two or submit a written authorization with this application. ZIP ,QZ224 2. PROPOSAL SUMMARi The owners of record of the subject property request per uis 3.oin to adjust ..,. kaer parcels of 285,715 sf and 250,704 s ' (acreave or square footage into 2. _ 'parc,1;.a of 28�iand4 r f (number t; (acreage or square footage) bkm /LTl DJ.WPF' t3► FOR STAFF USF Y CABE BO. 4118 OTHER CASE NC ' S REcEIVT NO. APPLICATION ACCEPTED BY: DATE: Application elements submitted (A) Applicatioa fora (1) (B) own ,r - signatu,ma / written authorization =(c) Title transfer instrmt (g) Assessor's map (1) (E) Preliminary Map (10 copies) (F) T.ist of eliviffibileng owners and their addresses arallv „_;'(G) Filing fee ($2 O) DATE DETERMINED TO BO COMPLETE: FINAL DECISION DEADLINE:_ COMP. PLAN/ZONE DESIGNATION: N. P.0 Planning Director Approval "lOats E.nal Approval Date: '2lanning4 Engineering: Date Recorded. and Number: List any variance, conditional uses, or other land u4:e actions to be 'coneidered as part pert of thi applications Applicants: To have a complet ? application ran will need to submit attachments dercribad descried in the attached information @hest At the tit+s you submit th s> app .icat ia: n. THE APPLICANT (S) S't Wd CERTIOY k`EAT: o The above) �' = attached.. tE+n_�_ 22®en- tlh, ,EabcMr B. If the applic tion is granted, the applicant w$11 ex - rcis the rights granted in accordance with the terms and subjef4ft to ll the conditions and limitations of the approval. C. All of the above . statee arts and the tai ►tnt,s in th plot plaza, attachmentrs, and exhibits transmitted hetewith, are truet and the applicants so acknowledge th t ,any permit issued, based on this application, may be revoked if it ia found that any such statements nts a are false. �,► application, including Da the applicant . l:icies and read criteria and understands a the lgrequirements for approving or denying the application. DATEDthis day of 19_11 thi �.._.. 1 -�. SIGNATURES of each owner (eg. husband and wife) of the subject property. PACIFIC REALTY' ASSOCIATES, L.P. 011110811011111...., ,:mimmeiseitamorniessemenamoseowesso By PacTrust Realty, Inc. Byt / FA � �, • :Amok ' uono Vice President Cr, COM Mk t w 2S113AC -00100 •.o•• WASHINGTON COUNTY 150 N FIRST H LLS.SORO OR 97123 2S113AD- 00440 r, • • .. ... EDENS, GEORGE R 309 10TH ST LAKE O"? CO OR 9703' 28113AC- -002 }' •a• •oso•• S ITTEL :, RALPH A am BETTY Or % NORRIS, PETER MY RS, GARY 16520 SW UPR BOONES FRY AD PORTLAND OR 97223 2S113AD -00500 o••'o.• •••• SWETT, CARL A 13465 ATWATER LANE LAKE OSWEG0 OR 97034 2S113AD -31700 . ..... ............ BINGHAM INVESTMENT CO 3939 SW ST gHELEVS ROAD PORTLAND OR 97210 Display Property Record Property y ID P513778 Legal Description: SEE USA LIEN TRACTS 9,0973 Situs 'JCYsr;Vl.taT. (Real Property) ) DQCKET LOT 26-34 6. f OAC ROSEWOOD ACRE Prop Class : 3002 Neighborhood: V2P Year Built Living Area Sale Date s 06/01/78 Sale Price 364,684 Deed Type Ina` Number : 78028796 1990 Tax Status Current t Lev i eo,, Taxes e Special Assessments e *** No Taxes Due 27,483.22 621.12 1990 mp rov►emen t e Land Total Aetios red Exemptions axabl Display P rnperty Record Property ID : R513821 Q (Real Property ) Legal Description: PT LOT 24 . 23AC 'ROSEWOOD A CRE TRACTS 96959 Prop Class Neighborhood Year Built Living Area Sale Date Sale Pric Deed Type Ir st Numbmr 0/D1/w4 58, 000 023.76 1990 Tax Status Cut -rent Levied Taxes 4,471 Special Assessments` * ** Unpaid Taxes * ** Depress the RETURN key : 1990 Improvements. Land Total Assessed .46 Exemptions Taxable Property Values $ 108,980 <+) 54,640 (+) /63,620 ( =) 0 (-) $ 163, 620 (w • R5' 3812 � $' Property ID ; ,k. � ,.�,.��.�,�� .,•...�.� Legal De .or ipt a on 1.66AC PT LOT 18 AND LOT 19 RUSEWOOD ACRE TR ATS GOLDEN KEY MINI STORAGE t., Situs : 6725 SW SRADSURG CT Code Area 023.76 Exempt ions Mort Lender: TTS TRANSAMERICA 1990 Tax Status CLrrent Levied Taxes 199 249.51 Special Assessment *** No Taxes Due * ** 2012 Prop Class A •= Neighborhood: ZFWY Year Built Living Area Sale Date 06/18/90 Sale Pitice Deed Type DBE Inst Number : 9003 217 1990 Property Values TAX SER Improvements $ 20t7,o 7`�t� ( +) Land Total Assessed $ 7049380 (:: ) Exemptions 0 (—) Taxable 70/49 380 ( =) Display Property Record. x P Pro er''ty ID R513796 M� w � " 4 tRe`.. a, Legal Description: ROSEWOOD ACRE TRACTS, LOT (STS 2, 3, ACRES 1.06 Prop Class : 2012 � r� • , 96956 ,»s� ZFWY . i)¢r , *��x ,ou i - , ,:ti,;, Nelighborhoa d i' Y:.J M : • NMV: , I, h O tt;° s°,rtl `'it 1+4My '7l k�vy ,.: st^"`i Year a r Bu i l t • 64,1;.0 , ,: Living Area Sale Date Sale Price o Situs 6640 SW ROSEWOOD ST Deed Type Inst Number : 08900422 Code Area 0233.76 199 Property Values Exemptions : Improvements $ � �> Mort Lender: - Land $ 151,, 60D ( +) 1990 Tax Status Total Assessed $ 553,71K! ���) Current Levied Taxes : 15,133.87 Exemptions Cu 553 ! 780 (� ) Special Assessments Taxable * ** No Taxes Due *** Depress the RETURN key a V Property ID Display Property Record f A r Fa R513769 " (Real Property) Legal Description: NON-ASSESSABLE LGTS 5- 5 26.95AC 95AC COUNCIL VIEW ACRES NO 1 PT LOTS 23-30, LOTS 31 -41 COUNCIL VIEW ACRES NO 2 T I GARD ZONING VIOLATION' -� Prop Class • 9102 Nei8hborhaod • � a Vear Built v • " L, � ;0.,i J w y V -,' `r ^M� Living Area Sale Date Sale Price Deed Type Inst Number Situs Code Ara 023. 4 Exemptions EX Mort Lender: 1990 Tax Status Current Levied Taxss 0.00 SQecial Assessments *** No Ta:b e;5 Due * ** Depress the RETURN key 1990 Property Values Improvements $ 0 (+) Land 0 ( +) Total Assessed 0 (m) Exemptions 0 (-) Taxable 0 (=) 9a 6-1 tt [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] Ac'°' 15115 S.W. Sequoia Pkwy. Suite 200 P Portland. Oregon 37224 Pacific Rent)/ Associates, LP 503/624-6300 • Facsimile: 503/624 -7755 January 16, 1991 Mr. Rota Pomeroy Planning Department City of Tigard 3125 , S `;W. Hall Boulevard il'i Bard, i' OR 97223 Dear Ron: Re Application for Lot Line Adjustment Qrg4_o .s i np Park I I am enclosing a drawing taken from our• CAD sy n otef with dimen sions showing the relationship of the re quested lot lineschgand the buildings at Oregon Business Park I oTe the properties changes affected by the lot line adjustment. The lot line adjustment is being applied for at the request of Pacific Mutual Life Insurance CompanY, the lender of record on the property that lies uneer Oregon Business Park buildings 12, 14, and 16. Pacific Mutual . . � � lot 1900 severed from the on Life I"..urance Company wishes to have the fuel stop facility which lies o the tongue cf the property being added to tax t 1.90 ax � •• the property subject to their loan. Our tax lots that comprise park of th p subject application is made in compliance with this request of the lender. I hope this information gives you the necessary details to continue the processing of our lot line adjustment application. SincereIvy f:ncl cc David D. Wright Susan Powers PACIFIC REALTY A JDCIATES, L.P. 'Ric and P. Buono Vice President ROSE [Page Too Large for OCR Processing] `w 1 TRUST 15115 S.'W. Sequoia Pkwy., Suite 200 Pc rJand, Mew 97224 Pacific Realty Associates, L. P 50,4824 -6300 • Facsimile: 503/624 -7755 January 16, 1991 Ir. Ron Pomeroy Planning Department City of Tigard 13125 S. 1. Hall Boulevard Tigard, OR 97223 Dear Ron: Re: Application for Lot Line Adjustment Qreaon r�us i ne Park I .1 am enclosing a drawing taken from our CAD system noted with dimensions showing the relationship of the requested lot lines changes :and the buildings at Oregon twos i nes s Park I_ on tip properties affected by the lot line adjustmont 9 applied q The lot line adjustment is bein a lied for at the request of Pacific Mutual Life Inf►ur'ance Company, the lender of record 011 the property that lies under Oregon Business t ness Park buildings : k Z 14, 16. Pacific Mutual ' ��' and Life �r risurance Company wishes to have the fuel stop facility which lies on the tongue of the property being added to tax lot 1900 severed from the that comprise part of the property subject to their loan. Our tax lots e application is made in compliance with this request of the lender. P � .g .y necessary il_ continue I hope this s information gives you the neces sar Beta . r to ce a the processing of our of line adjustment application. Si nr r•e1y •i PA'.kFIIC REM i Y A OCIATES, L. P. Encl cc: David D. Wright Susan Power3 Ric ysr d P Buono Vice Pros'dent [Page Too Large for OCR Processing] ALLAN & LEUTH_OLD, INC. SURVEYING 4627 N. SI. 105th AVETILTE PORTLAND, OR GON 97220 503 �- 2540734 PARCEL A portion oE ROSEWOOD ACRE TRACTS in the Northeast quartar of Section 13 T. 2 S., R. 1 W., W.M. Washington County, Oregon described as follows Beginning at a point on the centerline of vacated S.W. Bradbury Court t t is South 89° 101 East 25.00 feet fron the intersection of the East line of S.W. 72nd Ave. and the - centerline ref vacated S W Bradbury Court; thence ® ,e Ave. a distance North 0 C8 Ems#', parallel with thee. East � of S.W. 72nd of 239.00 feet; thence South 86° 301 40n East 23085 feet; thence North 3° 07' 23 East 197.21 feet; thence South 89° 1011 East parallel with the North line of S.W. Bradbury Court a distance of 43=.90 feet; thence South 820 56' East 2&9.76 feet to a point in the Westerly right rf way line of the Interstate 5 Freeway; theme South th 3$° 4'l' 40" test 100.16 feet; thence continuing. along said right cf way South 15° 45 ° West 321.92 feet to a point in the oeutarliPe of vacated S.W. Bradbury Court; thence North 89° 101 West along said centerline a distance of 604.25 feet to the point of . begint.tng. Containing 280,021 sq. ft. more or less.. REGISTER= PROFESSIONAL,: LAM ISUR OR (kr "w 1 t' f, ' y' •mow 4, a R.E G t:' M 1 MAY a. ion G E' ! HOLD . ti ALLAN , LIEUTHOLD INC. SURVEZING 4827 N. E. 105th ATMS PORTLAND, Cr.EGON 97220 503 .:- 254.0734 PARCEL II A portion of ROSEWOOD ACRD TRACTS th the Northeast; quarter of Section 13 T. 2 Sp: R. 1 :i., W.M. Wsehir4gtcn. County, Oregon described as follows point that is Scuth 89° 10 East Eag3.nxi�:g at a `� t 2!x.00 feet and North 0° 08, 0 �o test 221t.00 feet from the intersection of the East lire of S.W. 72nd Ave. and the North line of S.W. Bradbury Court as laid out in the plat of Rosewood Acre Tracts, thence South ee4 30' 40' East 23.85 feet thence North 3 071 23" East 197.24 feet; thence South 89° 10' East paral1a 't to the North line of E rtdbury court a distance of 435.90 feet; thence South 82° 561 East 249.76 feet to a point Interstate y; ice on the arc in the Westerly right of way line of the inters rate „� Freeway; the of a 250.0 foot spiral (the chord of which bears Norte i5° 47' 40" Eaat 148.22 feet) a distance of 148,6 `; 37' .77 feet; 0 feet; thence North �� 3? 30. East �,t�1 82° 72nd Arc. t►�ence North 82 53 west 8�,�. 0 feet to � point in the East line of S.W. S�' 72 a6 now laid cut; thence South 0° 08' West along said East line a distance of 12.38 r 89° 10' ; continuing along t ::9 East line feel thence South 89 1® East 10.00 feet thence c ®t�tiaiu�.n �, of S.W. 72nd Ave. South 0° 08' West 351.06 feet thence South 89° 10' Eazt 10.00 ° 08' West 196.00 feet to the point of beginning.. feet thence South 0 0. CO n Containing 256,398.0 " sq. ft. more or less... Ar ywORS44,..r. • , p i a {�.L• •• �. • p'Ke.r .".►'L +.T • ,!► •�••. • 'i t .r 4tL. a r ••a .n► b,a. , t M, kj1 •e i,w 1r+ t, 7f.. 4%.1.11 al/HIwYtS's{�s �' ^4 M 11• t PROPOSAL DESCRIPTION FILE NO . : MIS 91 -0001 FILE TITLE: PACIFIC REALTY ASSOC APPLICANT: PACIFIC REALTY ASSOC. LP OWNER: PACIFIC REALTY ASSOC ATTN: DAVID WRIGHT 15515 SW SEQUOIA PET 111 SW SEQUOIA PARKWAY PORTLAND, OR 97224 PORTLAND, OR 97224 AGENT: RL!EST, ZONE. LO TION: Applicant requests Lot Line Adjustment approval to adjust two parcels of approximately 285,715 and 250,704 square feet into two pazoels of appnc z tel y 280,021 and 256,398 square feet respectively. ZONE: I -L (Light Industrial) LOCATION: 16650 - 161698, 36700 -16748 and 16750 -16798 SW 72nd Avenue cw TM 2S1 .., 3AD, tax lot 1800) and 16600 -16640 SW 72nd Avenue `WM 2S1 13AD, .ax lot 1900) COMPREHENSIVE PLAN DESIGNATION: Light Industriell NPO NO. NPO CHAIRPERSON: Craig Hopkins PHONE NUMBER: 639-5823 CHECK ALL WHICH APPLY _X__ STAFF DECISION COMMENTS ARE DUE BACK TO STAFF ON 1990 PLANNING COMMISSION DATE OF .TARING= TIME: HEARINGS O FILER DATE OF HEARING TINE: 11_11, 0■11 CITY COUNCIL DATE OF HEARING: TIME REQUEST FOR COMMENTS ATTACHMENTS XX VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAIT XX :. SITE PLAN OTHER: PREPARE FOR PLANNER APPROVAL: t,1JI,'r/r _ ADVERTISEMENT TIGARt TIMES OREGrJNIAP PROPERTY TO BE MAILED `.. . �I►X NOTICE TO L RO�.�RTX' OWNERS T ETTER OF ACCEPTANCE OP APPLICATION ,� NOTICE O DLCD - ATTACHMENTS: STAFF CONTACT: Ron PoaaeroY P, 15115 S. Sequoia Pkwy„ Suite 200 lian.ITRUSIT Portland, Oregon 97224 Pacific Realty Associates, L. P. 503!624 -0300 • Facsimile: V03/524-7755 7755 January 16, 1991 Mr. Ron Pomeroy P' anning Department City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 Dear Ron: Re: Application for Lot Line Adjustment I am enclosing a drawing taken from our CAD system noted with dimensions showinv the relationship of the requested lDt lines changes and the buildings at Oregon Business Park I on the properties affected by the lot line adjustment. The lot lie adjustment is being for at the request of Pacific Mutual Life Insurance Company, the lender of record on the property that l i+ ?s under Oregon Business Park buildings 12, 14, and 16. Pacific Mutual Life Insurance Company wishes to have the fuel stop facility whi cn lies on the tongue of the property being added to tax lot 1900 severed from the tax lots that comprise part of the property subject to their loan. Our application is made in compliance with this request of the lender. I hope this information gives you the necessary details to continue the procf.ssing or our lot line adjustment applicat►on. Sincerely, C RE OCIATES, L.P. Richard Pe ono Vice President Encl. cc: David D. Wright Susan Powers P ArRIjszr Portland, Oregon 97224 15115 S.W. Sequoia Pkwy„ Suite 200 Pacific Realty Associates, L. P 503/624 -630A • Facsimile: 503/624 -7755 January 3, 1991 Mr. Keith Liden City of Tigard 13125 S.W. Hall Boulevard' Tigard, OR 97223 Dear Keith: Enclosed is am application for a lot line adjustment that Dick Buono, you and I discussed last September. I believe that the package is complete and that we have supplied all the necessary information. Please call me if we have overlooked a requirement or if you have any questions. OREGON ROSE' S .W. FINDLAY R [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] TICOR TITLE INSURANCE • tt, ii7P11-te-k 161So - F1.1_1.1;100 4. .SvJ 1 A D Soo • to.lti? 4 February 12, 1990 Ticor Title Insnrance Co. ATTN: KATY BORK RE: 571071 421 8. W. Stark Street PJrtland, OR 97204 AMENDED 2ND SUPPLEMENTAL Phone (503) 224-0550 A consolidated statemant of all charges and advances in connec- tion with this order will be provided at closing. 0.P. $ Prem. $ M.P. $ wilwanew ve■nornamer.....ernamorisca■roar mommawnon."..,',..wralos.Nsomano.,■.......a.....memam■mamoruswomori or. We are prepared to issue a title iasurance policy in the usual form insuring the title to the land described as: See legal aescription on attacheei description sheet. T" L P D -eatee•i, L z i4 a. e ers Dated az of February 5, 1990 at 8:00 a,m. ZIFte% TICOR TIT= INSURANCE COMPANY L°61 , 4 By CAROL A. BRUNEY Title Officer Subject to the usual printed exceptions and stipulations, 1. 1989-90 taxes $23:129.98 of which $7,710.00 is paid. (Key No 513607) 2S1 13AA 00100 Tax Code 023.74 Affects: Parcel X 2. 1989-90 taxes $11,192.86 of which $3,730.96 is paid. (Key No. 513534) 2S1 13AA 01100 Tax Code 023.74 Affects: Parcel 3• 1989-90 taxes $65,290.46 of which $21,763.49 is paid. (Ke" No 1295565) PSI 13AD 01800 Tax rode 023.74 A..7.fects: Parcels II, IV and V 4. 189 -9G taxes $29,748.62 or which $9,916.21 is paid. (Key No. 513518) 2SI 13Ak 00500 Tau CCde 023.74 Affect: Parcel VI Report No. 34-144953 Mt'iYbja Con't Preliminary Report Only JAN1 (190) licor Title Instill not) ConiPanY of California ,„.1.173 (503) 643-0646 445 0 SA Loml ard Avenue, P.O. Box '4:44 Beaverton. Oregon n. m ■zo 0 ILI • 5. a., City lien in favor of the City of Tigard, For: 72nd Street' Improvement Amount: $12, 131.65 Unpaid Balance: $2,240.77 plus int. @ 9.09% annually as of 12 -14 -89 Affects: Parcel i b. City lien in favor of the City of Tigard, For: 72nd Street Improvement;, Amount: $4;869.73 Unpaid Balance $1,159.85 plus in @ 9.09% annually as of 12- 14 -89 Affects: Parcel II c. City lien in favor of the City of Tigard, For. 72nd Street Improvement Amount: $57,305.79 Unpaid Balnnce: $9,949.25 plus ink:. @ 9.09% annually Affects: Parcels III,, IV, V & VI 6. All parcels described are within and subject to the statutory powers, including the power of assessment of the Unified Sewerage Ager y of Washington County, a municipal corpore tion. U.S.A. Lien affecting Parcel VI as follows: Rosewood Local Improvement District Unified Sewerage Agency lien established by Resolution and Order No. 79 -23, entered August 10, 1979 in the amount. of $17, 980.03, with a balance as of November 15, 1989 of $11,687.07. 7. Rights of the public in streets, roads and highways. 8. Access restrictions, including the terms and provisions thereof, contained in Deeds, To State of Oregon, by and trough its Department of Transportation Recorded: December 26, 1940 Book: 195 Page: 47 August 15, 1953 Book 347 Page: 549 May 27, 1953 Book 345 Page 179 Dees Records of Washington County, Oregon 9 • Easement. a►�T� ;{`ent. including the terms and provisions thereof, r. n From: t S Bancorp Realty and Mortgage Trust, an Oregon corporation shingt� n County, et al Recorde r d: October 27, 197E Book: Page: 858 And as shown on instrument Recorded: November 10, 1977 Book 1215 Page: 863 Records of Washington Co pity, Oregon. For Common roadway Affects Vacated ';Bradbury Ct. Report No 3 4-144953 MW/b j a Con t Pre l iminaky Report + inly JAN1 ('90) 10. Party Wall Agreement, including the ter o thereof. Between: Pacific Realty Trust, an Oregon business trust, formerly known as U.S. Bancorp 'walty and Mortgage Trust And National Mortgage Co., an Croigon corporation And 3enj. Franklin. Federal Savings and Loan Association of Portland Dater April 14 , 1980 Recordeda April L6, 1980 Fey► No.: 80013351 Records of Washinvtcm County, Oregon. Affects ?Arcel VI 11. Conizent Covenant for Street Improvements including the terms and provisions thereof, Filed by: U S. Bancorp Realty and Mortgage Trust. Dated: June 20, 1978 Recorded: May 19, 1980 Fee No. 80018014 Records of Washington County, Oregon. Affects: A portion of Parcel VI 12. Easement, including the tw:ms and provisions thereof, From Pacific Realty True, an Oregon Business Trust To City of Tigard, a municipal corporation Recorded: August 1, 1983 Fee No 83027513 Records of Washington County, Oregon. For Utilities Affects: Portion of Parcel VI Easement, including the terms and provisions thereof, Prom Wu.shington County, a political subdivision To City of Tigard, a municii,��.ry. corporation Recorded: August 1, 1983 Fee No 83027514 Records of Washington County Oregon For Utilities Affects: Portion of Parcel VI 13. Any rights, interests or claims which may exist or arise by reason of the following facts shown by a survey and inspection of said land rruvis ions a) The fact that 4,,,he building on Parcel I ericroac;Nes Tax Lot 300. 14. Easements for utilities over and across the premises formerly included within the boundaries of SW Washington St., now vacated, if any such eixist onto 15. t nrecorded leases. Report No. 34-144953 MW /b j a Con 't Preliminary (Re port Only JA N1 ('90) 16. Prior to writing an ALTA Mortgagee's Po1icy0 Ticor Title Insurance Company should be furnished with a statement as to parties in possession and as to any construction, alterations or repairs to the premises within the last 75 days. We alsn request that we be notified in the event that any funds are to be used for construction, alterations or repairs. Exception may be taken to such matters as may be ,c hown thereby. -End of Report cc: PacTrust Spears, Lubersky, Bledsoe Pacific Mutual Life Insurance Co. (2) Re o Xt No. 34 1��4 53 MW/b j a Con ' t Fr�l' . 3 n a ry Report y Only JAN1 ('90) r L J Lu -J DESCRIPTION SHEET See Page 1 for vesting and encumbrances, if any. Description oZ the tract of land which is the subject of this report: PARCEL I: A portion TRACTS � p on of ROSEWOOD ACRE in the of one- quarter f 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County g , Oregon, des;ribed an follows Beginning at a point that is North 0° 08' Ease: 1153.00 feet, Salth 89° 52' East, 662.00 feet and North 0° 08' East, 220.00 feet from the intersec ion of the East line of S.W. 72nd Avenue and the North �� ®nanc�nSt��se��� ©rbiuwr►iti�o�rt thence North 0° '08 ' East, 471.16 feet Y . • ' the Southerly right-of-way of -way lane of the S.P.R.R.; thence Southeasterly along said right of way on the arc of a 2915.00 foot radius curve to the le.►t (the chord of which bears South ,56° 02° 40" Eost, 436.77 feet) to an intersection on with the Westerly right -of- wa'r line of the Interstate 5 Freeway, thence along said Westerly right of way line, South 10° 36' 05" Wert a distance of .188.72 feet; thence North 86° 25' 30" West, 281.34 feet to the point of beginning. PARCEL II. A portion og ROSEWOOD ACRE TRACTS in the Northeast arc: -quarter of Section 13, Township South, Range 1 West of the Willamette Meridian, Washingtor County, Oregon described as follows: Beginning at a point that is North 0° 08' East, 784.00 feet and South 82° 53' East, 590.50 feet from the intersection of the East line of S.W. 72nd Avenue and the North line of S.W. Bradbury Coulc °t; thence North 6 ° 57' " 200.00 feet; thence South 82° 53' 5 5 0 East, 249.52 feet to a point in the Westerly right-of-way line of 9' - Y Interstate 5 Freeway; thence along said Westerly right -of -way line South 8° 58' West a distance of 165.15 feet; thence continuing along said Westerly line South 14° 37' 30" West a distance of 35.24 'feet,► thence North 82° 53' West, 239.05 feet to the point of beginning. PARCEL I/1 ..�.. A portion of ROSEWOOD ACRE TRACTS n the Northeast one-quarter c Section 13, Township 2 SouthRan � 1 West of the Willamette meridian, Washington County, Oregon, desct i*,oled as follows Report No. 34144953 DIN,/I, ;a Con 't re -iMinar Y r R <port On N1 J ( 90 r as �.a 41R■ Pt • '4 Beginning at a point that is South 89° 10' East, 25.00 feet and North 0° 08' East, 224.00 feet from LYE' intersection of the East line of S.W. 72nd Avenue and the North line of S.°. Bradbury Court; thence North 0° 08' East parallel to the East line of S.W. 72nd Avenue a distance of 196.00 feet; thence South 89° 10' East parallel to the North line of S.W. Bradbury Court a distance of 470.00 feet; thence South 82° 56' East, 249.76 feet to a point in the Westerly right-of-way line of the Interstate 5 rreewa y ; thence South 15° 47' 40" West, 100.15 e'4t; thence South 15° 45' West, 106.41 feet; thence North 86° 30' 40" West, 563.36 feet to the point of beginning. PARCEL IV: A portion of ROSEWOOD ACRE TRACTS and vacated S.W. Bradbury Court in the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at a point on the North line of vacated S.W Bradbury Court, said point being South 89° 10' East, 321.00 feet from the intergect,ion of the Past line of S.W. 72nd Aevnile and the North line of vacated S.W. Bradbury Court; thence North 0° 09' East, parallel to the East line of S.W. 72nd Avenue, a distance of 210.26 feet; thence South 6° 30' 401° East, 36-1.87 feet to a point in the West line os the 1-3 Freeway right -of -way thence South 15° 45' West, along said right -of -way, a distance of 215.51 feet to a point in the `:enter line of vacated SW. Bradbury Court; thence North 89° 10' West along said centerline a distance of 308.25 feet;, thence North 0° 08' East, 15.00 feet to the point of beginning. a- m PARCEL V: A portion of ROSEWOOD ACRE TRACTS and vacated S.W. Bradbury Court in the Northeast quarter of See _ion 13, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at a point n the North line of vacated S.W. Bradbury Court, said point being South 89° 10' East, 2 5.00 feet from the intersection of the East line of S.W. 72nd Aevnue and the North .Line` of vacated S.W. Bradbury Court; thence North 0° 08' East, parallel to the East line 86° of 224.00 feet, ne of S.W. S W. 7 anti Avenue, a d�:stai4ce °less; thence South 86 30' 40" East, 296,49 feet; thence, more or �" South 0 08' West, parallel to the East line of S.W. 72nd Avenue, a distance. of 225.26 feet to a point in the center line of vacated S.W. Bradbury Court thence North 89° 10' West, along said center line, a distance or 296.00 feet; thence Month 0° 08' East, 15.00 feet to the point of beginning. 9.«m hl9 t ., -.,inn Report No. 34- 144953 NW b aAN1_ (.90) a PARCEL VI: A portion of ROSEWOOD ACRE TRACTS and vacated S ' 72nd Avenue in the Northeast one- gv:tarter of Section 13, Tawn& ip 2 South, Range 1 West, Willamette Me ridian, Washington County, Oregon, described ibed as follows: Beginning at a point that is North 0° 08' East, 1609.50 feet fro the intersection of the East line of S.W. 72nd Ati'e3 and the North line of S.W. Bradbury Court, thence South 89° 52' East, 227.00 feet; 0° thence North .b 08' parallel point in the South less, to a 4 East a�al�elorto the East line of S.W. � W 2nd Ave. a distance of -300.00 feet, more , ® � � g . 38. We the Easterly distance t o f 2 0 3 . g ` thence South 8 9 point in tlon said South lane of a 30 0 foot road , W Upper Boone Ferry Road; angle p line �f ��s �ance 203.96 feet to an �: thence along said Eas �erly line pp lire., South 48° 49' 33" West, 30.66 feet; thence, North 61° 37' 02" West, 22.26 f$tet along the boundary of the Vacat? 4;n Order recorded. . 0° 08' ds of Washington ���ch 1a, 193, fee ,i�+nber 830Q�8654, Deed Records • County, Oregoa ~, to a point that is South 0 08 West, 35.91 feet from the recognized 1/16 corner and point of beginning of County Road No 922; thence South 40° 10' 21" West, 118.39 feet along the raundary of above named Vacation Order to a point of curve; thence on the arc of a 40.0 foot radius cure €: to the left through a central angle of 79° 28' 52 ", 55.49 feet (the long chord bears South 2° 28' 51" West, 51.15 feet to a point of reverse curve); thence Southeasterly along a 480.0 foot radius curve to the right through a central angle of 20 09', 168.81 feet (the e long bears South 27° 03' 03" East, 167.94 feet) to a p oint that is South 89° 52' West, 21.23 feet from m point ° + 23 feet to the the o�nt ofthence North 89° 52' East, 21 a point of beginning. TOGETHER WITH that certain portion of vacated SW Washington Street which by law inures. - .' p r - j y p t Only • Re ort �'0 3:1,11-444.3.. 9MlWdla a � ©n't P�reli�►�nar: Re o=.� JAN1 ( 90) (PQstrLe_ei t4 0 TKO§ TITLE INSURANCE American Land Title Association Loan Po}:icy Policy of Title Insurance • a Ica► 0 11 11111 rnuwun' bvmpa11y ,4f California 6300 WIIShire Boulevard F' 0 Box 92792 Los Angeles. CA 90009 Premium: $31,765.62 DUPLICATE POLICY NO FURTHER LIABILITY IS INCURRED HEREIN SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE IN- SURANCE COMPANY OF CALIFORNIA, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketebility of the title; 4. Lack of a right of a wcese to and from the lead 5. The invalidity or unsnforceebiiity of the lien of the insured mortgage upon the title; P. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material: (a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvement oU work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebted - ness secured by the insured mortgage which at Date of Policy the insured has advanced Of is obligated to advance; S. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assigns °-t is shown in Schedule A, or the ;allure of the assignment shown in Schedule A to vest title to the ii.eured mortgage in the named insurer' assignee tree and clear of all liens. The Cor►'oany will also pay the costs, attorneys' fens and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. This policy ehall not be valid rn binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ::: 4404, r. r..iw:., ....,r . By Attest P resident Secretary' Countersigned: 0 by �, J V"alidatin Signatory TO 310d I o.971 ALIA Lbiin i°c ' v Vio.si.a7) cat NO etioieee Exclusions from Covert,,ga The followlreg nutters are expressly erteluded from ease cc ►ore,geer'lthia policy and the Company will not pry foes or demos, costs. attorneys fees or expensive which arise he meson of 1. (a) Any law. ordinance or gavernmsntol rs ist1on (Including but not Whited to building and aooir? lame ordinunoes, or regulations) metre:ling. regulating. prohi leng or Mating tog) the occupancy, use. or enloymeet of the land: ( the pherascter. dimensions or location of any improvement now or here after erected co *eland; aperation in ownrNwhip ef a eheilge ire the dirnnerte'ane OrWee of twit land or any pentel of which the lied le or wee a part; or Ilan ee v(eonmentel protection, or the effect of soy violation of those Iews, ordinanoea or goverrtmentaf puRut ons, euset to the extent that a notice of the allfnrolment thereof or a notice of a defeat. Neff or encumbr.noe resulting from a violetisacr a alleged violation affecting% the tend has been redordsdl !n the public rods at Date or7 f➢oliiotr• Ib) Any governmental police power not secluded by lel above, eitoepe to the extant that a notice of the.aaratles thereof or a nodes et a defect, Ilan or encumbrance moulting from a vlohelon or skegrd violation effecting the Pend het Neon rwaerdsd intim preiblbrecords at Date al Policy. 2. Rights of arninent domain tellies octica of the exercise thereof has boot; reworded In the public re do at Data of Policy bee not excluding horn coverage any taking wretch has occurred prilw to Date of Polley wl lch z utd be binding on the rights of purchaser for value without knowledge. S. Defects, liens. encumbtances, adverse dims or other matters: (a) crested, suffered, emoted or agreed to by the insured cli lmurnt; Conditions and Stipulations 1. nSFlN11110N +O i iliPIMS. _ -- The following towns when used in this policy mean: (a) "insured ": the insured monad in Schedules A. The terra "insured" alms. `inclusive (i) the owner of the it :ebtedne u secured by the insured Mortgage and each steecusOr in ownership of the ifolelt z redness except a successor Who is en obligor under this provokes of Section 1 Sic) of theta Conditions and Stipulations ( resulting, however, el rights and defenses as to any ta,resesor that the CompaNV would have had oolittl ;i any p.adscaa•or insured. tiniest, the successor acquired that indebtedness as a purchaser for WOW/ without .kiiowiedge of the eitsirted defect. lien, .ncumbran e, edeerte claim or other matter inured against by this policy as affecting title to the estate or lelonset in the land; is an l tau eror guarantor u tulnder' n insurance contract qusrentyt inuring of guerantee;eg the indebtedness secured bV the insured mortgage, or any treed therav4t whether named 83 en insured herein or not, eel the parties riesignataii an Siction 2(s) of these Conditions and S'tipuia■ions. ",, g or demq e Ilea "'molted claimant" an insured Claiming lase g (c) knot iedg.� or known" t actual knowledge, net to'On ructive knowledge or i?ie wh*i teay iMeetted to an rneured br rt the public records as defined in toes policy or arty other record which Lovett constructive notice of mattes affecting the land. (d) "land' the land deecribed or referred to in Schedule A. or in Schedule C if not provided for in Schedule ►,en ,. ,sees 'lend" hereto Which d rmprawem�nis trffrxed t lsr leW "oust ittne reel property. The term rend does not include IN/ property beyetid the find of the area dperaitool ror referred to in the applicable Schedule, nor any right, titnt interest, sate of easement in abutting streiets: roads, avenues, 011sys lane , ways or waterwe'ys„ but lcthing herein shelf modify or keit the latent to which a tight of asaesa to tired from the land as insured by this policy, deeci of (rust. trust deed. or other seals(( Day Inca iovio �t, � e z mart a art r e rds ", led ords esta;,iahed tinder stet* statutes* DM i` Oil puts p WP f eettlee mobs( of mediate relating fo ( iii "coheir h + .. k . , le With re to Policy tot tiler putt Of rmpsn • (h) net known to the Company, not recorderd in the public records at Pate of Policy. but known to the Insured claimant and not disclosed in welting to the Company by the insured claimant prior to the date the insswred claimant Interne an insured under title Po I (0) rewftMq in no Ices or damage to the insured slairreeet (d) attaching or meted subsequent to Date of Policy (escapt to tho aunt that this ooficty insures the priority of the lien of the insured mortgage over any statutory lien for saMeer, isle: r or material); or Iel heating in loss or damage which would not have been otiaartained 64 Moroi, claimant had pad value tot the insured mortgage. 4, Unienfroceabili1V of the lien of the insured r<tortgage because of the Insbelty or fallire of la's,► insured at Dane cot Poky. or the MOON or failure of any eubeeequom owner oil the indebtedness. to caomply with ,Rho .ule doing bushiest laws of the ewe in which the larld is vitiated. ' i. lnvalodit or wanton:liability of the Ilan of the insured mortgage. or claim theveot. which arises out of the transaction evidenced bt;► the Insured mcrtb;eg© and is hosed upon usury or any consumer credit protection or truth in lending law. S. Any statutory Fan for semioec labor or me_aerriala (er the claim of priority of any sattnc4-1 lien for services. labor or meteri:?s oven the Pent of the Mowed mortgage) arising ifu.'em an improvement or work rotated to the land which is contracted for end commenced subsequent to Date of Policy and *not finenoad in whole of in part by proceed" of the lodebtadness secured by the Insured mortgage which at Data of Policy the Insured hew advanced or it; obligated to advance. include environmental 1;3otection liens filid in the records of the Ai(irk of the United States district court for the district in which the laod is loceted. (g) "unmsrketobilktV of the title,": an alleged or apparent matter erica Ling the title to thy and wit exck' .d or excepted from coverage. which would *oleo • purchhaser d the estate or interest described er, Cchedul. A or the insured mortgage to be released from the obligation to purchase bV Virtue of a contractual condition requiring the delivey of marketable tabs: 2. CONTINUATION C¢ INSURANCE. sae=' of this polite, she continue (e) ((fuels Aentut�a!n of Title. The coon. d : trustee's Wit ,or any pan of the estate or interest in the lend by I ore.losvre,j sale, On force, se of Date of Policy in fAvor Of (il an o►nsu nl who d �eyar�` correayti;.c:e in lieu of foreclosure,. or other legal meenerwhich discharges the lien of the insured mortgage; (e) a tranrfirel, of the, estate or inteoist so it t to erdly owned insured bs d afo tho insured corpornaon d their c reor successors by .ape by subject to any rights or t`t�an of law and not pure ese, defenses nrnentiil a .niy' Or goirernmenti.. IA611:04°1'14 . �a� insurs,.�: area! sty may have against any ii°' . any gtrisr y° Huai;;; Which ,ecquiret en rt of the estate or interest pursu comrect of mswanre or sill or er�yr M guertinty irrsuging or guerent..ing the inc. 1.dness setae d by the insured tir►C�rtgage. coverage of this obey shall continue in forte of Mitt Dais cf Polite in Now, of ens entered only so long as the insured retains an estate or interest in the land, Or holds an indebtedneaa 'edited bV a purchase inanely mortgaoe given by a purchaser from the insured, or only to long ee the insured shalt have Ilirbolit* by reason of covenants ofwarrantV m . estate or intifirstt. ale by the insured hi any transfer err eonVeyance ttf the sch.ser ;("torsi tt1+ (isles Vr•I shall not ,continue in tone in fever of any tra :c ured of either (i► en` eet*te c; rnter eat in the lard or (ul an indebtednie secured bite purchssts money rrtor'tgege g red. ` _ p ' suit; to the insetted. the aovuishovrt let Ar ieUtek of Ina.*osne . (hi ((both; oft atthrsnce v + after the Cemteriyance shall in nsO hrsr evsm excaid the 'least of: the Arriount di Insurance tioted in eehodule ,A d1,1 this kn,ount & erne prie dir014 of the indebtedness secured bit this Insured mongaile as air Data of aliCS, interest thereon. rosette& of foreclosures smo;eunts .dVtincsd pursusM to the inserted mortgage to aleen* compliance i (retie Nook or tai prow ect the lien of the insured merwk t't .tor to • eval 41 SCHIDULE A Amount $ 17,050 .000.00 Date December 16, 1986 At 8 :00 A,,M. Premium $ 21, 765.62 a 4 Name og Insureds -----THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation l oe.s e . i .kr lan i.,. tch, ±4 a' no* �' vralts`'1 ,i cyy r+Au����� ACIF2 REALTY iiSSO+t ,, a ,Do1aware limited partnership 3. The insured mortgage and assignments thereof, if any, are described as follows: Deed of Trust, Assignment of Rents and Leases, Security Agree ent e and Fixture Filing from pacific Realty Associates, L,,P , a limited partnership to Tioor Title Insurance Company of California, Trustee tar the benefit of The Travelers Insurance Company, f Connecticut corporation, dated December 15, 1908, recorded December 15, 1988, fee numb�.r 88 55814, number 205109-2, ,� .�. loan a�iuun�b Records of w>ashington County, Oregon, given to secure the sum of $17,850 000.00e 4 . The �^ land referred to in this policy is located in the County of Washington, State of Oregon, and described as follows PARCEL 1: rl A Portion of ROSEWOOD ACRE TRACTS in the Northeat ones - quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County? Oregon, described as follows: 1 5e ginning at a p 0° 08' intersection 00 feat and North Q 08 fast, 153 East, 662.00 from the intersect n of the. East South 89° North line of S.W. Bradbury Court; 52' E v m e line of S.W. 72nd Avenue and the No ' ° 08' 250.00 feet; thence South ° line of right-of-way South 06 2 thence North 0 08 fast, 250 . �t _,� a point in the Westerly ,� 6 a. �- tli y 36' East, South Zed 3 e -sta�te35 Fr �e ray thema along continuing said Westexl line Ir:t 00 feet; thence +co gr al,ong t ai 05" West a distance e� f 96 . � �� 86.60 feet; �.�i�ence Westerly line, south 11° 31' West a distance ol... South 8 58' wes 'f.: a distance of 70.28 feet, thence leaving said right-of-01:y line, Nelrth 86 04' 10" West, 236.02 feet to the point of beginning. Page 1 of Policy No D C1 (o 08 ) PARCEL I1; �( � A portion of ROSEWOOD ACRE TRACTS in the Northeast one - quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning i at a point that s Worth 0 08' East, 1153.00 feet and Soth 89° 52' East, 439.00 feet from the intf "Section of the East line of S.W. 72nd Avenue and the North line of S.W. Bradbury Court; thence North 0° 08° East parallel to the Eat line of S.W. 72nd Avenue a distance of 758.41 feet to a point in the North line of Lot 89° � East along said Nor al "A" ROSEWOOD ACRE TRACTS= thence North 89 38 Ea, line, 188.77 feet to a point Southeely line of the S.P.R.*' in the s right of way; these Southeasterly along said right of arc of a 2915.00 feet radius curve to the left (the h bears S'auy ll 41° 1, ' 35" East,, 51.85 feet) a distance of 51.06 feet; thence South 0°' 08' West parallel to the East line of S.W. 72nd Avenue ` distance of 721.16 feet; thence North 89° 52' West, 223.00 feet to this point of beginning. ,, • ...road along the North line ALSO a portion o f a 30.00 fota�RACTS�ineaCat:�on 73, Township 2 South, of the Plat of ROSEWOOD ACRE `� Range 1 West of the WillaAmette Meridian, Washinctton County, Oregon, described as follows Beginning at a point on the North line of Lot "A"' ROSEW ®Oil CF3E , from the ACRE TRACTS, said point being North 89° 38' East, 439.80 feet intersection of said North line with t .e West line of said Lot "A" thence North 09 OS' East parallel with the West line of said dLot."0" a diste�nce of 30 00 feet to a point in the North line ofdsa xth line coot dedicated roar; thence North 89° 38' East along a distance of 163.40 feet, more or less, to s point in the thWestel y right _ of _ Way lire of the S P R R- p roperty, thence Southerly along y distance of 39.1 feet, more or line Westerly right-of-way is North 89° 38' East, 7,8$.77 feet from the less, to a point point of beginning, thence South 89° 38' Went, 188.77 feet to the point of beginning. PARCEL III: DI air t the one-quarter of A portion of ROSEWOOD ACRE TRACTS in the Northeast one q Section 13, Township 2 South, Range 1 crest of the Willamette P Y g„ _ ows �� Meridian, dian, Washington County, Oregon, d scribed as foli Beginning a s a! point that is North 0° 08' E �t► 1153.00 of the And ® � a 7 feet from the intersection ofbthe East g a2 � �a�t, 22+ South � 0 Q fee e North line of S W Bradbury line ea! S.W. 72nd Avenue and the � S.W. 72nd North 0 C8 East parallel' to the 2n East line of thence of feet to a point in, the North line of Lot "A", distance T 75.6.51. P ,� t , . :: along Avenue a ROSEWOOD ACRE TRACTS; theme North 09° 38 East, alon eai. e North line 212.00 feet ;thence. South 0° 08' West, parallel to th � e 758.41 feet; thence North 89° 52'` aforesaid East line a distance of 758, West, 212.00 feet to they point of bey, inning PARCEL 1-4: 1 . A portion of ROSEWOOD ACRE TRACTS in the Northeast one - quarter of Section 13, Township 2 South, Range 1 w ®st of the Willamette Meridian, Washington County, Oregon,, described as follows Beginning at a point that is North 0° 08' East, 1153.00 feint from the intersec :ion of the East line of S.W. 72nd Avenue and the North line of S.W. Bradbury Court; thence North 0 ° 08' East, parallel to the Ease line of S.W. 72nd Avenue, a distance of 456.51 beet; thence South 89° 52' Fast, 227.00 feet; thence South 00 08' West, 456.50 feet; thence North 89° 52' West, 227,00 feet to the point of beginning. TOGETHER WITH that portion of vacated SW 72nd Avenue that inured thereto. PARCEL V: A portion of ROSEWOOD ACRE TRACT in the Northeast one -s,1.4 aster of Section 13, Township 2 South, Rrange 1 West of the Willamette Meridian, Washington County, Orogon, described as follows a Beginning at a point on the East line of S.W. 72nd Avenue, that is N., ;th 01' 08' East, 1153.00 feet from the inters, ction of the East line of S.W. 72nd Avenue and they North line of S.. Bradbury Court; thence South 89° 52' 'East„ 209.00 feet; theme South 4° 16' 40' West, 32.1 F feet; thence North 820 53' West, 182,00 feet to a point in the Enet line of S.W. 72nd Avenne; thence North 0° 08' East along said East line 369.00 feet to the point of beginning, EXCEPT that portion containa41 in the following described sti ip which is dedicated to The City of Tigard under L.I.D. 21: A atEip of land lying between the centerline of County Road No. 922 (as shown on County Survey No. 19,127) and a line 30 feet East and parallel to the centerline of County Road No, 922, said strip beginnincT at the centerline of angle Point No. 1 of County Road No. 922 and continuing thence North 0° 00' 09" East along the ceenterlina of !yid County Road No 922 to a point on the centerline of County Relic' No. 922 and the Northerly extension of the 30 foot wide vacated road between Lots 11 and 30 (S.W. Bradbury Court); thence from this point P widens feet East and a the centerline o= C strip Road No. 922 and the centerl necont ,nines North 0" 00' 0909'; East to a point that is 1473.86 feet from angle Point No 1 (the P beginning); � centerline � � of Count Road narrows to 25 feet East Point of be innin ) thence from this point the strip ` A 199.19 fa�Nto 922; the centerline acontinuingl_ a thh0 00' 09" East, a point at the end of said <5 foot wide strip, said ending point lying South 00 00 09" West , 962e .69 feet from the point of beginning of County Roa±1 No 922 as shown on County Sury y No. 19,127 (showt as Point No. 289 ) Page 3 of Policy No DEC1 ('4e) 4- 140535 PARCEL V/: LC A portion of ROSEWOOD ACRE TRACTS in the. Northeast one - quarter of Section 13, Township 2 glouth, Rance 'L West of the Willamette Meridian, Washington County, Oregon, described as follows: Beginning at South 89° 52 line of S.W. thence South West, 419.64 North 4° 16' a point th4t is North 0° 04' East, 1153.00 feet and ' East 209.00 feet from the intersection of the'Easct 72nd Avenue and the North line cof S.W. Bradbury Court 89* 52' East, 230.00 feet; thence South 6" 57' SO" feet; thence North 82° 53' West, 210.00 feet, thence 40" East, 392.15 feet to the point of beginning. f PARCEL VII: c is ROSE 11400D ACRE TRACTS in the Northeast one-quarter of ,�, ortic�. o � g P Willamette Section 13 Townc�i 2 South, Range 1 West of the Willamd Meridian, e.shington County, Oregon, described as follows: Beginning at a point that is North 0° 08' East, 1153.00 feet and South 89. 52' East, 439.00 feet from the inter8ec ion of the East line of S.W. 72nd Avenue and the North line of S.W. Bradbury Court; thence South 89* 52' Emit, 199.92 feet; thence S Guth 6° 57' 50" West, 443.94 feet; thence North 82° 3' West, 190.50 feet; thence North 6° 57' 50" East, 419.64 feet to the point of beginning. v PARCEL VIII: s= i 'V I 1 A portion of FOZEWQtD ACRE TRACTS in the Northeast o ne- gUarte r of Section 13, TownNhip 2 !ed:th> Range 1 West of the Willamette Meridian, Washington County , Oregon, described as follows: Beginning at a point thy'' is North 0° 08' East, 1 153.00 feet and South 89° 52' East, 638.92 feet from the intersection of the East line of S.W. 72nd Aveaue amid the North line of S.W. Bradbury Court o ' " 94 feet; thence South 82 °i 1'x' thence South 6 57 5Q west) 243,. East, 249.52 feet to a point in the Westerly riiht-of wav line of Interstate 5 Treeway; thence North 8° 58' East along said Westerly right-of-way lire a distance of 250.00 feet; thence North 86° 04' 10" West, 236.02 feet thence North 89° 52' West, 23.08 feet to the point of beginning. PARCEL IX: L . 1 A . st o - niter of • s . ... ROSEWOOD ACRE TRACTS in the Northeast 13� P '�. of the Willamette �, cx a t4i �p�shi 2 South, Range 1 West a er�i�c ian,r Washington County, Oregon, described as follows: g point on the East line of S.W. ue that is Beginning at a tent �►. "6�TT 7 g ild Ii East, 420.00 feet from the intersection o the East _ the , `h line of S.W. Bradbury Court; lin• ehof S.W. 7Z "" net Avenue and th i�«r��y nt' North 0° 08' East along a Olin µ ,� line 364.00 Z 15n`�eet�toEaap �' �L:t thence c ®ntlnui feet; thence South 82° 53' East, 0 9. .. , of Policy No. 34-14053 4 • Westerly right - -of -way line of the Interstate 5 Freeway; thence South 14° 37' 30" West along mad right of sway a distance of 181.25 feet thence on tho ary of a 250.00 foot spiral (the chord of which bears South 15° 47' 40" West, 128.66 feet) a distance of 129.00 feet; thence North 82° 56" West, 249,76 feet; thence; North 89° 10' weee, 495.00 feet to th,e point of beginning, EXCEPT that portion contained in the following escribed strip which is dedicated to the City of Tigard under L.I.P. 21s A strip of land lying between the centerline of Criunty Road No 922 (as shown on County Survey No. 19,127) and a line 30 feet East and .parallel to the centerline of County Road No. 922, said strip beginning at the .enter "line of angle Point No. 1 of County Road No. 922 and continuing thence North 0° 00' 09" East along the centerline of said County Road No. 921 to a point on the centerline of County Road No. 922 and the Northerly extension of the 30 foot wide vacated road betwen Lots 11 and 0 (S.W. Bradbury Court) ; thence from this point the strip widens ts: 35 feet East and parallel to the centerline of County Road No. 922 and the centerline continues North 0° 00' 09" East to a point that is 1473.86 feet from angler Point No. 1.(the point of beginning); thence from this point the strip narrows to 25 , feet East and parallel to the centerline of County Road No. 922; the centerline continuing North 0° 00' 09" East, 199.19 feet to point at the end of said 25 foot wide etri p, said ending point lying South Q° 00' 09" West, 962.69 feet from the point of beginning of County Road No. 922 as shown on County Survey No. 19, 127 (shown as Point No. 189). PARCEL X: A parcel of land situated in the Northwest one - quarter of Section 24, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tualatin, Washington County, Orec , ;, and being more particularly described as follows: Beginning at a point whic} is South 89° 23' 06" West 707. 07 feet from, the fond one - quarter corner between Section 13 and Section 24, Township 2 South, Range . o West, Willaoette Meridian, Washington C un y, Oregon; thence South 07° 17' 29" West 225.05 feet, thence North 89° 23'. 06" East 154.57 feet to the Westerly right-of-way line ae of Southwest Upper Bowles Ferry Road; p ,owing said Westerly ac West 121�78�f__etl� thence leaving said right-of-way way South 07° 17' 29 We t right ° y� �g g � .,° 57' 06" ' , 0o� 24' 35" thence co -of and sin South 56 57 06 Wait '�'� 78 feet; t4�encst South 45 00' 00" Wust i' 3.28 feet, thence South 8 277 21 feet; thence South 01 ° 35' 24 "East 33.98 feet; " thence 2Sou0 a© 88 24' 36" West 204.00 feet; thence South 01 3S' 0 feet to the Northerly right -of -way of the Southern Pacific Railroad thence following g right - 40' y 34" going South 88 ° 19' 2 " ,s.. '�owr�,n said +of wa and � 19 `6 West 88 318.50 he ° West 10.00 feet, thence South o feet; thence North Oi 40 34 W e 26" _ ` ' 34" . 9 '�6 West 363 QO feet; thence South (1.10 40' 34 East.. 10 00 feet; thence South 88" 19' 26" West 81.51 feet, to the Easterly line Q . n rg of that property described in a conveyance to the City of Tualatin 5 Washington g� County of Records; thence in ' Book 1005, �+�g� 49e, w�$:��.n tvn �oua�t Hood€. leaving eAid railroad r±+ht -of -way and following said Fastetly of said Book 1005, Page 40 North 07 • 23' 59 West 81 s S ➢6 feet to the North line of Section 24/ •� hence leaving said Eaute rly liras of said Dorsk 1005, rage 49 4nd going North 89" 23' 0J" East ` 1417.55 feat to the point of beginning. PARCEL XI pal:cel. of 'hand situated in the VJor hwest Qne -quarter . of section 24, Township 2 South Range I Wes Willamette Meridian, in the City of Tualatin, Washington County, OregoR, and being more particularly described as follows: B ginnd,ng at a point which is South 89" 23' 06" 'Yeast 1263.07 feet and South 00. 36' 54 ' East 536.70 feet from that found ono-quartet corner between Section 13 and Section 24, Township 2 South, Rang0 I Vast, Willamette Meridian., Washington County, OregtIni thence South '.$1 • 35' 24" East 325.00 feet to the Nottherly right -of -way of the Southern 2aci f is Railway; thence Continuing on said Northerl right -of -way North 88" 19' 26p East 315.50 feet to a point of curvature; thoncae along a 2034.79 foot radiue curve to the lef=t, g , t , • 49" _ for an a .�:; lengt7A of 101.05 through ;. a central angle G t 0 4 0 3 4 9 f feet (the long chord f which bears North 86" 17' 32" rest 201.01 feet) to the Westerly right -of -way of Southwemt Sooner Ferry Road; thence leevii� vtai1 railroad right-of-way aa nd con tin t /,ng on n alon g said road rig tofor caX North 06' 36° fat .5 20, 93 feet thence leaving said road right-of-way and going South S6 ° F,V ° 06 w West 94.10 feet; thence South 45 00' 00 ° weeC 143.28 et s thence Sou t 88 r24 3 � West 277.21 feet; �t� @t'lce �o'�v :�l 01° of 'feet; thence Sotath 86 24 36 .eat 204.00 feet, point ^��.1i w���Q rm uPsw..w Yribr w. uae� :•�s e secs ra w�w ad as+;®ova.r alnswrn se��rtie� Mrs ®MOSen�t petgo 6 of ?olicy No 34- 140535 1.10C1 (86 • as SCHEDULED Part I This policy does not insure against loss or damage (and the Company will not pay costs, att.t rneys' fees or expenses) which arise by ;reason of: 1 City Lien, in favor of the ,I ty of 'Tigard Docket No.! 16 (21) For: 72nd Street Improvement or1giaal Amount: $6,364.02 Balance as of Fine 26, 1988: $2,130.34 plus interest Bonded, Acts: Parcel 2. City lien in. favor of the City of Tigard Docket No.: 16(21) For: 72nd Street Improvement rovement Original Amount: $17,086090 Balanced a.s of June 20, 1988 $5, 719.03, phis interest 8ondv d e Affeq.tsy Parcel II 3. CiLty lien in favor of the City of Tig,.rd Docket Mc.: 16 (21) Fir: 72nd Street Improvement Original Amount: $15,719.97 Balanco as of June 20, 1988: $5,261.57, pima interest Boded At!ects: Parcel III 4. City lien in favor of the City of Tigard Docket Nc. 16 (21) ?or: 72nd Street Im :af:ovement Original Amount; ;290619.55 Balance as of June 20, A88: $9,4095, , plus interest Bon,ei Affects: Parcel;, IV City lien An favor of the City of Tigard Docket No.: 16(1) For: 72r;d Street 1p:ovement Original mount: 8210 864.41 Balance 60 of June 20, 1988: $6 953.86 q plus inter t'` Bonded. A f to t s: karcel V , 6. City lien in favor of the City of Tigard Docket No4 s 16 (21) For 72nd 6treet lv'proverdent Original Amount: $94,175.85 Bcl.a►aaace as of June 20, 1988: $3, 059.90, plus interest Bonded. Affectsz Parcel VI 7. City lien in favor of the City of Tigard Docket N0 e2 /6(21) Yo 72nd Stream Improvement Original Amount: $S,415.28 Balance as of June 20, 19881 $2, 816.60, Bonded. Affects: feats: Parcel VIA plus intere? t 8. City lien in favor of the City ri f Tigard pocket No.: 16(21) For: 'i 41nd Street Improvement Original Amount: $6,279.40 Balance as of June 2C), 1988: $2, 101.76, gluan intereel Bonded. Af acts E parcel VII/ 9 City lien in favor of the City of Tigard Docket No,,: 16(21) For 72nd Street Improvement Original Amount: $38,535.06 Balance as of June 20, 1988: $12, 550.31 , plus interest Bond dr Affects: Parcel TX 10. The premises herein described are within and subject to the etat tory powers, including the power of assessment o ' The Unified Sewerage Rgeney of iJashington County, a municipal corporation. 11. Lien arising out of a eseSsiOnt ;made for Aosewcod ,'Local _ improvement District for sewer Said ass aas ent was made purse?nt to Washington County Reso .ution and Order No. 79 -23, Recorded: aulY 10, 1979 e Amount: $8,345.2C Records of Washington County, Oregon. Affects: Parcel IV 10 12. Lien arising cvt of asisessment made for Rosewood Local Improvement District for sewer. Said assessment was made purcuaat to Washington County Resolution and Ord or No. 79 -23, Recorded: 871:13' 10, 1979 ;mount: $6,44.00 Records of Washington County, Oregon. Affects: Parcel V 13. Lien ari3ing out of tsessment made for Rosewood LocU Improve ant District Su for er. Said assessment was made pursue: At .�� arm to Washington County Resolution and order No, 79-23, Recorded: July 10, 1979 Amount $6,379.09 Records of Washington County, Oregon. Affects: Parcel IX 14. Riq to of the public a -:n streets, roads and highways. Affects: All parcels 15. The perpetual, nonexclusive right to common use with the owners, tenants and quests o f other property of all roadways, of railroad trackage and utility lines located thereon and the right to constrict, maintain, repair and reconstruct vtility lines from U.S. Bancorp Realty nd Mortgage Trust A as disclosed by document recorded June 10, 1977 in Book 1173, Page 23 and numerous other documents of record. Affects: Parcels I through IX 16 Access Restrictions, including the terms aura, pro risiona thereof: contained in Deeds, To: State of Oregon, by and through its Department of Transportation Recorded: August 6, 1937 Book: 166 Page: 457 December 15, 1938 Book! 177 Page: 79 December 2e, 1940 Book s � 195 Page: 47 August 1 °'ti, 19,n3 Book. 347 Page: 549 May 27, 1953 Book: 345 Page :, 179 July 16, 1953 Book a46 Page: 639 Octebcr 9, 1953 Book: 349 Page: 234 rebrwxry 6, 1959 Book: 414 Page: 209 June 30, 19 7' Book: 875 Page: 95 June 30, 1972 Book: 875 Page7 95 Bock: 903 Pag January 3, 1973 ,: z 80 January 2, 1973 Book 903 Page. 803 1973 Book: 903 Page: 804 January 2, `� January 2, 1971 Book 903 Pages 806 Re cords of Washington County, Oregon. Affects: Parcels I, IV, VIII and IX .r GA 17. Easements for utilities over and across the premises formerl. included within the boundaries of a) unnamed street between Block D and Lots 5 -10 b) unnamed road in Tract A of Rosewood Acres, now vacated, if any such exiet effects: Parcels IV and iX 18. Access Restrictions, including the terms and provisions thereof, contained in Deed, From: Fred 3ecker and Geneva Becker, hue band and wife To: retate of Oregon, by and theoueth its State Highway Commission Dated: September 22, te65 Recorded: September 24,E 1965 Book: 57U Page: 341 October 1, 1955 Book: 571 Page 309 mendad by instrume.► t, Recorded: September 12, 1980 8"ee No,: 88- 40770 Records of Washington County, Oregon. Affects; Pas. . t X and XI 19. Party Wall, including the terms tnd provisions thereof, as disclosed by survey and as further described by Agreement, including the terms and peovie ions thereof, Dated: April 14, 1580 Recorded: April 16e e960 Fee o.: 80013351 Records e f Washington County d Oregon Affects: Parcel XV 20. An easement, Including the tezxtts, and provisions thereof, From: Pacific Realty Trust, an eresee Business Trust To: City of Tigard, a municipal to poratioe Recerded a August 1, 1983 Fee lo. 83027513 from: Washington County, a politial subdivision To: City of Tig ird, a munieipal corporation Recorded: August 1, 1983 °rye how : 03027514 Records of Wa shingten County, Oregon, Affects: Westerly line of Parcel IV For Utilities ;� provisions of the Tualatin Urben 1 „ the terms an�P Subject to Renewal Plan, as �'�id198�d bF'eent�+�rux�e�5 ®�9 �' Recorded: March e, 502 April 29, 1985 Pee No.: 88- 17909 Records of wanhingtoe County, : regon. effects: Parcels X and XI 22 An easement, including the teems and provisions thereof, F'rome Pacific Realty Associates, L.P. , a Delaware limited partnership see ee of Ore on, by and through its Department ent of 'ors seor Lation ¶Ughway Division „� R ,!�::oeti-�+d December 3, 1986 Fee No.: 8606633.E Reeele �s"lt of Wa ihington County, Oregon. � e�c, effect, a 'Easterly portion of parcel XI For: Traffic- control facility Page 10 of Po1ie ' No. 34-440535 peck. Cos) 0 Le 23„ Agreement, including the terms and provisions thereof,', Between: City of Tualatin, a Municipal Corporation of washtngton and Clackamas Count :,yes, Ore con l ri a Pacific Realty Is: ociates e L., P m r a Delaware limited partnership Dated: July 21, 1997 Recorded: October 12, t987 Fee No,: 87051752 Records of Vtahington County, Oregon, Affects: Parcels n and XI For : Street m J r vement 24. An easement i o � , including the �a� rani! pxo��.��,,, ns thereof, From: Pacific Realty Associates, L.P. a De1a {►ware limited ;partnership To City of Tualatin Recorded! January 18, 1998 Fee No,: 88 ..0249E Recordo of Washington County, Oregon. Affects: 15 fooc 4ide etrip in Parcels X and X Flr: Sanitary newer line atiopoumalt w. Pmge 11 of olicy No. 4 444535 DEC:, • ° 9 P A• a A • SCREDULEB Part II Xn addition to the natter+o set forth in P+ rt t of this schedule, _ the title to the estate or interest in the Bind described or refers ed to in Schedule A is subject to the following matters, if any be , but the Company _ insures that these matters are subordinate to the lien or Aarge of the insured mortgage upon the estate , o« intoreet: 1. The interest 0f Parties" holdinq unrecorded leases for portions of .he: subject pTesperty, including the interest of those claiming 1ians or other rights against such leasehold estates Affects: All parcels 2. Agreement, including tx. tgrma and provisions thereof, Limited Executed by: Pacific Realty Associates, L.P., a Delaware partnership amLo$r 15v 1988 Reew : December 15 7.988 Pepe 110.: 88'35818 �i�cL�CC�iE�lQ2 �i��+�U � Records of Washing +n County, Oregon. For Subordination Page 12 of Poi :cy No 3�4�14O535 DEC I 4 8 ) e ' i a. 3. '' O 2405 OR 0•55) ENDORSEMENT ISSUED BY Ticor Title Insurance Company a California Premium $ -0 Attached to and forming a Pew of Policy of Titl® Insurance No, 34-140535 The Company assures s the Insured that of the dote of this policy *my* is located on the land described therein inoprovement$ having a street address or route and /or box number as follows. 10151 to 18199 SW Booms Ferry Rd. 18205 SW Boons Ferry Rd. Tualatin, Oregon 97062 16120 -16192 SW 72nd Avenue 16200 - 16290 Sw 72nd Avenue iue 16300-16330 SW 72nd Avenue 16361 ..16398 Pi 72nd Avenue 16416-16444 SW 72nd Avenue 16460 -16490 SW 72nd Avenue 16500-16540 SW 72nd AP anue 16350 -16578 SST 72nd Avsea ue 16600 -16640 SW 72nd Avenue Tigard, Oregon 97223 The Compen'r hereby insures the Insured spa ►net loss which said Insurrid stall sustain in the event that the assurance, herair shrSl prove to be incorreet Via, lti ; ",tty of the Company under id policy and any endure ?meats therein shall not The Qn aggregate, th exceed, arthe g , the face 'mount ot Said policy and costs which tf ,r Company h obligate d .. under the conditions and stipulations thereof to pay This hi endorsement, when countersigned below by a validatir99 signatory, is made a. , part of said p( icy and is subject to the schedule's, conditions and stipulations therein, except as modified by the provisions hereof. WITNESS WHEREOF the Company has caueed it corporate ►gar , lirati seal to be hereunto Affixed by its duly euthorized officers. Dated: December 16, 1988 Countersigned By Validating Signataty , 04013,46i. A'iO!P 1MiOildi 2Mt �t9 iNi 0R!SE:MGNY Ti4 1, TITLE INSURANCE OOMPH' Of CALIFORNIA Attest 1 y President I�y PrinciasAi Rite: e3QO tkuSivir cl', Pi 0 lox 9092. Let Arqwcies, eletiteviie OM! Secretary ' O Mill OR t92 -e ) ku DOtiSE ENT ISSUED 13Y 4111 Ticor Title Insurance Company of California Premiuro $ 25.00 The I � - �� any of 'i'h� Company hereby �ISur against lass which said Insured shell r�taain by rum of a the following mom: 1, Any Incorrectness in the assurance which the Company hereby gives:' (a) That there are ill covenants, condition)", or restrictions under which the lien of the mortgage or dell of trust referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) That then ere no present violations on said land of any enforceable covenu tits, condi- tions; or rastrictionC (c) That, except as shown in Schedule e, there are no encroachments of buildings, structures or improvements located on said land onto adjoining lands, nor any encroachments on l ?laid lend of bull to stru, ttwree, or improvements on adjoining lands. 2. ts, conditions or restrictions occurring Any futurr�� violations on said land of any covenant p lsItion of title � o said l r lo , e result in prior to a,�µ end by the insured, provided such .lolat�rl raf«rred to Schedule A, ion or i or dam of mart shell acquire er such impairment a# the lien of the mortgage o' result in its p tie to said land if the Insured cq or impairment dnen secured by h monger) or deed of trust; title in satisfaction of the indebted Y 3. Damage to existing improvements: (a) w; loin are located or encroach upon than portion of and subject to any easement shown in Schedule 8, which damege resuite from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or resacvec ; ac o�` said land for the extracticcit (b) resulting from the exercise of any right toss from the description .�'� said land or s�lawr as or development of the minerals excepted a re antation in Schedule S. ; . Any final court order or judgmenk requiring removal from , /Any land edjoinini said land o? any encroachment shown In Schedule B. 'The total liability of the Company under said policy au! any ern!orsements therein shall not e ,I said policy and costs v ich the Company is obligated �r 10 thl! it�}j����Qrt���'�, the i�� arrow-- under the stipulations thereof to pay. This endow, ,lent, when countersigned below by a validating signatory. is ciaade part of Policy No. 3/1-140535 ire , by Ticor Title Insurance Company vnde subject to the schedules, cane. _ ens and �tipulotions therein, except as modified by the prct __!ons IN WITNESS WHEREOF, the Company has caused its corporate name and sn1al to be hereunto affixed try its duly atithorired officers Dated: December 16, 1988 TIMOR TITLE INSURANCE COMPANY OF CALIFORNIA 1 its%%, Attest ►. Td4 6,044.e4 P■Lieet liNcOOIS$ *M PMT PR41 (L$) Ise bnui,vsrc P. 0. Box 92792. Lot nso n a • • n premises and sketch beibw is made so Jr the purpose of aa�eisting in locatin . p ferrl the campany assumes no u Illy or variations, if any, In dimsn s and location ty a !certained by *ritual survey. soo . i AC `. *Norm 0 �a1 • figs oitl!'w 11T�' *00 +. te Npots ,•r 100 f.'4 •IC The sketch below is made sots 'Ir the rp' -'s 6F'.±s 02 assisting in locating se rathises and the cornpeny assumes nc ..f,tty for vi rietk ns. it v any. in a 1gment end ioca®tior, ascertained by actual surveW rewo 1e1■■ e +e* % 3J'4lie e 1 yr u.,vvry • The sketch below is made solely( the purpose of assisfing in locating sir Nor oases and the company assumes no Ildipty for variations, If any, in dirnensie end location l surve . ascertained by actual . Y 111. CARL LOT 11 .c.,,,tarmissmremejineilli"Ltmoiarnissmanowsgenin Jae Seitul 1* Z. 0Ln._ % 100? ‘ ,. \ 1 3I' AC. i v, IE Av Cr-. 1 lw -to ---- -an* --1-'4"g4 e t r --- 1 1 Ili 1' i .......w ....... .�., --— , In. Et2a,„„.„,,,,,,,,,,,,: i000 zed AC: kvv dirt Hess's seem hard by a er gevernmentel agency or eevernmental einstrutnent$ttY, $ the igenCY or snstreMenieloty is the insured ciatmerit, in the fb40t estfOn of the estate or !moss! in sellefeclloo of Ito insurance contrive err puarente 3 NOME OF cljtfkI TO eE al4f:N ft1° INSURE l CI A4NaANT The insured shell newly the 17;01TOPerie pror>sptly in writing (t) in caaetaf any as, set forth in section ►fallbelaW, (ii) in s ue knowledge steal come rn en .wed `oreundc'r of any cl9 +in of tttia or tit' ";%'T° -- t eenoeh is adverse to i !metes; of the lien of the insured mortgegs, as ile'C tote � thM eitatia ins iprol, and which' might cause lose or clarnaae'for which the ComP !ny fn l be �i stria bee eirtue of this policy, or (le) !Inns to ;lie estate or tnterset of the lie nl Oa Insured iinteleage, *II !inured, ;$ rejected as ease arketable. if pronl,pt note +e shelf sat giVOrr t the Car neeee e, then aste t► ",4 insured all liability of the Compeny sbpell 1erinmele with rogerd to the matter or minters for prompt- notice is rtegsiired; provided however. that feller* Io sully term Compr,ry shall in no case prejudice the rights of any enter id under this the v yetis; the Company shall be prejudiced, by the failure r'd then only to the eiudice, 4. IOEF[N'E AND iPROUCUTfON I)F .ACTIONS; Dt.tre OF lt4SI1R0 CLAIMANT T®COOPEPtw , (,4) Upoll written request -b'y the rsi`ttfetl end subtect to the opti'pns eenteined in Section 6 e these Conde ivt and Stipulations, the Company, at its own cot end withoie une"oosonable delay, stall provide for the Wanted an ini►ure$ in titigatton in which any *ore party assuertsa Claim adverse to the title or mSeffla as insteed, but only aR to those stated causes of action sllegirtg e defect. lien or encumbrance or other matter insured against by this policy. The Company shall ;taw the right to select :taunted of he crwioe Ieub a to the right of the insurr�,d to object for reasonable ceu>,e to revelers tilde mauled as to those stated causes of anion and shall net be liable for grid with not pay the fees of any other counstol, The Company will not Pay an fees, coats or expenses incurred by the insured in the- defense of those ceases d action whic'' cassia matters not insured against by this policy lb) 'r?le t om►,,any shill have the meet,, et ,ilia own cost. to institute and proswute a action or proceeding or to do tie other act which in ne;minion �Y maybe necessary or 6e ireble to establish the title to the ,s1 ats or interest or the ben of the insured mortgage, as insured or to prevent or reduce loss or damage to the insured The Company may take am apProcrate action under' the term* 91 this policy, whether or not it heal be liable hereunder, one shall not thereby w r ,;•ez Liability c;° waive *rev provision of this policy.- If the Company shall exercise rig . ►_�! ere*? this paragraph, it shall do so dilig.et)y, 1111 whenever me Company shell have brought an action or interposed a defriesee as required or veormitted by the provisions of this policy. the C tion by a court of competent jurisdiction Si a expressly reserves the r qlt% re its sole discretion. tb appeal from out; ! , .se judgment or order. tel In fits cases where this poled' permits or requires the Company to prosecute or provide Car the defense of any at~�on dqr proca dine, the insured shall sveuae to the Company the right to s r+ prosecute or provide define. in the action or proceeding, and eh appeals tt,�erein, and permit th3Compenyso use, at its option. the name of ee insut,�"d for this purpose. Whenever reques►ed by the Company. the inao�red. at the Company's opens.. shall give the Company all reacenet ie aid Ili) in any action or proceeding, securing evidence obtaining witnes has, prole:Uting or defending the action os proceeding, or effecting settliwnawt. and (iil in any other lawful act which in the opinion of the Company may be necessary or desirable to eetablieh the title to the eatc!r Of intereed er the lien of the insured mortgage. u ivy �reln If the Company is preiudiced by the failure of the insured to furnish the required cooperative, the Company's obligations to the Mewed under the lush 3yy r terminate, including any liability tut nttiigri►itse to defend. preftclL or continue any httpation. with regard to the matter or Manors requiring such cooperation. S. PROOF • LOSS Oft DAMAGE. In addition to end after the notices required under Section 3 of these Co itfitions and Stipulations have been provided the Company, a prod of Mae Cr damage signed and sworn to by the insured claimant shall bo furelishedto the Company within 80 dais after the insured clown/re shall cecmartsin the facts giving rise to the loss rr damage., The proof of less or dalhagd shall describe the defect art, or lien or encumbrance on the title, or other matter insured arena by this policy which CONSti terit ,:rut biai:.Of lode or damage and shine state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company *prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Cain eiy t obligation. to the insured undmlr the policy Shall terminate. ,incindinp any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters ineuiring Bich Of less or Mamie. the cenr,; n., psi merge, ex ■oks, t ei C coral ,,sndeltce and rnepmorendt�, whether , raptesarwtivr, .� � aearrrtc a dote butfgpra of alter P Pete rt'1 P& y. which reasanf eIy pl�airn to Os taste c gem ue 'Funh�, it parrirstattJ: by any outh repr�meritie of the iIturrutfV. Mai irisereel ci� idle It shell greet Its t cession, its Wfitir , fir pray suthort ed repri,senttott � �h� the prc�,eCe~4K ea a� die end m�� gra��nip caw all records, a bs~liss ;wife .% qr ertroi of a third putty, WIich y p q n� I r ov,dod it � � "ea90nat� by in ;O the lost; or chiming' to inforntallcii dr4nns� at confidential b the tneureci calm t , pr ,.iy _. tillers uni�ewS, the Comte, put'suant to this 3ae?t?oi1 shall not be elite) � �h�iJsar in the in the ieasoneble lure;ment of the Cramps y, it . Y inerieretretien of the rctarm, Failure of the insured claimant to submit for examination under c;e;h, produce other reasonably requested infofinetion er grant peftttisslien to were reesonebiy necessary inforiTlation arc ', third panics as required to this paragraph, uniess p�ohtbmted by law or gover�lmentr l regulation, shell terminate tow liabilny of Vie Cornreviy under this policy w to that claim, 6. relleflONS Teti PAV OR OT!,'iRWiSE SETTLE CLAIMS; �1 AMINATION OF LlASILi'i'IP. in r lee of a claim ureeier One on Icy, the Company shell have thelOtloworg ;.ddit enat options: ia) To Pay or Tender Payreent of the Amount of Insurance or to Purchase therlydebtzdnese. IQ pay at tender payment of the amount of insurancti uncle? this police together with any wets, attorneys" ;see aid expenses incurred by the insui ed cLetmant, which were authorised by the Car eoen , up to the time of paymt ell or tender of payment and which the Comps; ny is obligated to Pew or (ii) to purchase the indebtedness secured by !lee insured mimetic* ge for the amount owing thereon together with any costs, attorneys' fees and expens c incurred aetf th insured claimant which were authorized by the Company up to the time of purch� and which the Company is obligated to Pay, If the Company offers to purchase the indee,mates as herein provided, the owner of the ir4 btedpess shall transit, aesien, and convey the indebti$tr end the Insured mortgage, together with any colleen' seciiity, to the Company upon payment therefor. Upon the exercise by the Company of either of the options provided for in paregraphs.a(i) or iii), all liability snd obligations to the insured under this, policy, ether then to melee the payment required in' those paragraphs, shall terminate, including any liability or obligation to defend, prosecute, or continue any litiga ion. and the policy shell be surrendered to the Caitpane for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Maimed cc With the Inoter.d Claimant. pi to pa or otherwise tattle wilt; stem it„srtieu her or in tke name of an insured claimant any claim insured ageewtst under atisi pr r,y, together with any oasts, attorneys' free and expaa' +o es incurred br the inriured claimant which were authorized by the Co�ra1e :ry eUp to to tine of esyient and which the Campa "ty is obligated to Vie ':►∎ Iii) to pay Or otherwise settle with the insured claimant t kesa o; damage provided for wider this► policy, together with any stets, atton*I' le a and elspewarae ineurrel by the insured claimant which ware authorizr�ed by the Company up to the time of payrnet► and which the Com')any is c ligeted to pay. Upon the exercise by the Company of either of the opti,'Dns providedI for it paragraphs b(i) or Ili). ins.• Company's obligations to 'the insured undo eels policy for the claimed loss or damage, other than the payment; required le e made, shall tercr^.rnate, including any liability or obligati ...en to defend,. pro atutte or contin a any litigation. 7 ®�IIMINATION ►AID Sr TINT OF LIASIUTY. This 'polio! is a contract of indemnity against actual iw i tary loss or damage sustained at incurred by the insured clef. ^,ant who ►;:re suffered lows 6r damage by reason Of matters insured *genet by this policy and Only IV the extent herein described. la) The liability of rho Company tin Ior this policy shall riot exceed the least of: (1) the Amount of Insurance stated in Schedule A, or, if applicable. the aunt of insurance as defined in Section 2(c) of these Conditions and Septillions; OH the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section S of these Conditions and S_` elation or as reduced under Section 9 of these Conditions and Stiuuletit�l�o. at the erne the loss or damage insured; Sins ` , the policy occurs. weather with interest thereon: t (iii) the difference In addition. the insured claimant may ror required to Jan-4z as insured and the yr o. to exemmatian under oath by any authorizetk 400tative of the COrrpany oa40, lien or eneur\....)oe insured against by this policy. 1i ONOITIONS ANb a?IPtJLAftONS C,4N Maid sea CoNCLUDto tee CPVEnes aetri OF Pee eA0e1 n the value of the insured estate or inter he insured estate or interest subject to the IGnNO►TIOAS *1W STIry6Aligan ► win; myna. •mY ..s. ew •• ..•......too a• „.•w (b) In Vhs event the insured has *ogees a estate or interest in r,he Company to sue. rims bide or settle in the name of the meow otaimaric manner decribed in Section 201 of this ....ionsilndStipulation& ma end to uss the na , ..e insured claimant in any transaction lineation cc .yed the title. then the liability of ompany shell songnue as °cat involving these r' re�,iedies• forth in Section i(a1 of them Conditions I Sppulatiom. if a payment .IM of a t;laiRn dad not ivlty cover tests Iosz of the insured dement. the l`ompany shell be subrogated to all Yr ,h , end (c) The C ompany will prey only tholes costs. attorneys fees end temenses remedies ;f the insured claimant meter the insured Cifira+snt eat' have incurred in mecoardance with Section i of these Conditions and Stipulations. mewed its principal, interest, end costs of collection. (b) Ties Inserters Right* end Umitations. e L,MITArOn Of UAatli QTY, Plptwit�`�standina the foregoing, the owner of tit, indsbt`ertess secured ' the defect. the If the Cont�any es'i►•oiisos the Wit, removed alleged • lien encumbrance, r ('sea the kick +s right of setow frefre h tit b% the leisured mortga(e Provided the priority M the lien ce h used sn it thou �inCs�o (ease or Ito enforceability is not affected. ma, reuse or Cut theft the r ' arketab;titlr �' titNt, or o:herw sy� +.M�abiiel+es flier method. including motion end the completion of 'my Appeals the terms of patrrnent. or mime a portion of the atate or by a� °°� ion of the insured snort ®age, aX release env eolletern4 security kIr the therei,�om, li shell Maus fully performed it: oisligMlona with respect to that indeb �t#dnaa . matt. end shill not be liable for any lofts or damage ce�+setf disrobe. When the permitted rats of the insured ctairttcrtt ooi ur and the- iiseteed (� In the event of any litigation, including ligation by the Campine or has knowledge of any claim of title or infests adverts to the title to the ass �- with the Cc tnpcny's consent, the Comp*: ni shall have no liability for loofa or until there been fine! dew/ mimeo by a court of competent Or irK °r the prirot Qn' onforclultalityif the fir" WO. onstuud Imrtgege, jYrisdit;titart, and � which lien of the insured mortgage. as insured, the e Csrn�any by meson of the lmfiasrinsnt by the insured ate• lilts to 'neur.:ui stlaenet by thin pMiay rohtalt ithall axcaad the i (c) The Company shell not be liable for loss or d, ige to any insured for daimer�t of the Debility voluntarily assumed by the insured in settling any claim or suit Compenya right of aubregencre (e) The Company's Rights Against Noreinsured fn oneeors. without the prior written consent of Ow Company, The Company'* right of subrogation against nun insured cabhpor* shall (d) The Company shall not be ilabl foie; tit any ittdsbtet�lr+sss mated scout and shall i:ReIude, without iimite ion. the rights of thtl in$urae to 0 of Policy itmot for advances de tie weed the ten of impended deterioration of improvements or lilt ,atruction keen notwati etandsng any terms or ooMbi c. or mires the ism rw ur.rn personal liability of any' debtor or Guarantor, Of extend c otherwise ►v�odii'i lien of the ivv�lutr. mortgage all as insured. in a rarswtably dilitt t manner interest from the damage rt,a sib a nee• me as inriirsd. the Cerrtpariy shall be raauirsd to pay only that part of any losses std di .I of ails Is thorsfrom. adverse to the title or to subsequent to isle icy q f' antes Indemnities, gusrentiea,. other policies of insurance ? i�+eor ►ti the insured mince; and accused thereby and reason** amounts ins contained in thole. i� ! smash to prevent serer ► which ;xodisN fOr wtsr�ation tilt* by reason of shoe poeCy. advances made subsequent to Gate of f+ollcy, eaeaa�t fax►strr,�ion loan The Comp�artta'a right of aasbro peen shall not be *voided be �rti+iscaitrr: of *dvanasa� made yea +bee�quent to bete of f'olioyfo� the purges of financing in � hs met -'s+l rtwwtgags by an oblQ;�r (wept an o6"igor deftftarrib►�4 in Section whole 4r t *, owe the construction of an irnprown►mrsR to the Band why." 1(ayiil of these Conditions and St vial ins) who saouirae test insured mete of pow a sedurad by the insured rrtiottaaoe arid which the leisured '� indemnity. guarantee, other polity of insurance. was and on+kiued to be obligated to advert, .a at and after Date cif Policy. ^"Y': , result of an as a r or bond and the obligor witi not be an insured under this putgr. 6, flt,,1010.'TiON OF IN'SURANCB: notwithstanding Section+ Kiel) of time Conditions and Stipulations. REDUCTION Oil TERfiireeATION OP LIABILITY. Allsl)ITfR�iT1�1N, noAll parolees under this policy, except paymenut needs for core, . _....._.__.,..__......_....... .�._....�..... .- «.—..,._ attornneytn fees and expenses, sash ::ova the amount of the Insurance pro t)nlase prcr�iDicald dy appliti hle few, aethar the Company or the insured tem. However, any payments made prig,, to the acquisition of title to r,,`rs may demand erbitr*tbort pursuant to the Title Insurance erbitreelan Rules of date or interest as In Sac! n 'nee) of these Condition* acid the American Arbitrution Association. Arbitnrble mauve mate include, but Stipulations shell not reduce pro t . ih�,i umoc� tat of the t�esursnce afforded era rat limited to, ante contrOray or claim between the l 'mpany and the the hat etyrrierea redtaA the amount insured*rieeee out !toe rr eet.ye stein policy. any service Woe in of the indebtedness *fur r e >,� memos.. Ail ::,�rabla rTSatt�e�.r *;men the �,motKrt of ins�rer+ce is (*Payment an eel" by any person of the priew of the inedetaledrreass, or s9.000,9GJ or tees shall be arbitrated tit the ��tion of either the Company or any other r„ Isom, <ton secured by the insured t aqs, or ttaiy waunta�r t insured. All orb cable matters when the Amount of tntursnce Is in 1 cured t age. to the extent of the items 41 ) shall be arbitrated only when agreed to by both the • trial satisfectec�n o. release of the cA payrrierel, wsatesteetion r •apse, shall, rsdur a the amount of ;y'asciraneue pro and the in tired. Arbitration pursuant to this policy and under the lento. The ►amount of insurance may thereafter be inotesse t by accruing Comps interest and elf nose made to protect the Olen of the insured mortgage and Rules in *elect on the date the demand for arbitration is mods or, et the secured therr:tee with interest thereon, provided in no event ohm!! the aM�n of the insured, the huiea'n affect at pelt of Policy shall be binding amount of inn 'once be dater than the Amount d Insurance, stated ire then the parties. 'the sword may include attorneys fees only if the laws of the state in vv>' �c nee a ice* attorneys' under thin policy isxCemt tie, 2 , ±attest t e �` +ounnection yith its issuenoe or the breech of a policy piv iaion or other ad bt► the 'slaw d vrtgage esbiigarYYion lSchedula �• ta ®pr4ivailinq pea! ��udarnint uvoro the aware rindoend by th fees or the Arbitratorjs) Iii rsyirent in fe�h by easy poem .�aluntary satisfactirrt or rNeciae may 6e entered in sit, Court havanp valediction thereof: of the irlturl�d ainar;,fepet sMll terminate all liability e+lthe Compereya�calstt as The law of the sites of the tart shall apply to an rbitration ander the provided in Sectirtn 2(e) of theta Conditions end Stipulations. Title Insurance Aibitration Rules. ` en. LIABILITY W'ONCUPAietneeTIVE• A cry of the Ilutes may bee of tune irOfil the Company upon fewest. If the insured isoluires title to the Wets or interest in setisiacteon of the Inelekitedhese moored by the insured mess. or any pent threcf. it is 1e, Lit " rn LII>a1f11'!„„[! TO THIS PtXXV; POLICY riNTiPIE seprese ho Onnennood thee the amount of insurance edgy this policy steel be C i n aAt�T. �..,...Y„s., r*duced by any amount they C "zany may 'PAY under any policy insuring c (a) This Penile a lltie' with oil OMICIOrvamenM if any, attached hereto by onierege to which encep►iun Is taken in Schedule a or to vvlti t u.. insured try j i fo !°i• inatiree� and the has eigreed, tsnerhad or tekee subject ar Which ie hereafter eitecutee be art ire,, ietng a y r�rs+on od this f 'n the paloctr shall la+ marred and which is e chat ge 67 lien an the agitate Of interest described or oWtttruaed aft a vvinoie. r *arrod to In ! hedut* A, and tile: amount sa paid Obsil be mimed ea Ibl Aiw claim eoi i or dam a >..rieetfier or not wit,..idi.n mile loviee, artsi payment one* ti'. ',D i?OIIC1i, 11. Pie eielleteT Of LOSS. 1 which re iM out of the r'r,:r us �N the lien of the insured R1004eve or Of the title to the estate or int4artws lyf l o yen ins shall eneldc hdahout preduding this policy or Beim, shall be reitrkited to flies poll y. ,.._ . • weds artciorse. _ ad tsorewcy can be made ensept vriront inch N�erts!int of Ella payment tlrttati�athe �rliltCy a � he esittesfreetie�r'i by �� No � ndm� :�f or enroren4o thi � Ali s��N4� by either the wen, Ked hereb�r or by silly action asserting such wheel'' cat f of lees a+r westruciim ehsill its fume e li anti rho indent o ,._... `` rat. a Vier l'v O ;tat, the Oret try. in Assistant Secretary, or Of the ..wet ►�•�►'• �� (dg When ' N ... r lose ar damage hit been definitely velidatins officer or •!,'!MM'icedl siolisley of etJ Company used ►n Q pf these Codition, eed tipultlons, t o loss Or 11 SsVERAel dal eg► i brpay a a these 0 her. in the went any prowls l le thee poky is held 'menu r caiitxetf�nsaeablii t � Y S . ON U rOil1 f►Ae/FAENT OR spETXLEM NT, ti r aprAticabla isvv,, thn If ter shall' tree. used not to ineude thin timvisinn t x� >s�Sb'��QATy ,...,_�.._ tiinpo o end all Alto" pronesione *hell rertasin Id h.i fgrae and ef. t,�,. Wherd+ the ,�amperty dill�+e+ ! itlght of ie . W ,. ,_ , paid a claim under' "this td. jYldlli�"�Esj, tNl1eRE S�1!l'i'. f � pellet all right i coat' p d,1'' --- -- - .. • .. , Compaerr d a s terneni .tight aN su�� son shell wish In !hc C m vr+alhcti0 �` any �1 natdo�ae nerd as t�.+ gsI-�� t� , sh�111 ktahlde t� rntra►,�,� lei eel of tlhe insured ateimehe convoy . ty The sea any shalt be subrogt7ted to�,end be l t arid olio patyey end shall bs. � totem rcerd, PIA, kreopel dole.,, " wak,rti0 r�iimd to f� ..iw 4r1e 11iM1D remedisi White u u werei s" z me r c1 elilirrA had this wS polity ar► o hh swat eery "..M.• is ash to in rights i � been � . f"°�e`>r"'-"'!`e'' .�► . �,#3`��. to* M'o „"' i od liN10ASr by the Cmkiiilt , the In►�ed deini nt ati�sr to the C,'+ i env �t� ab o ( 'gas. PUG. t‘t ti-.4 r3v-/IN •-�- SHAKESreARE LANE LAME MILE LK Zoning Re OREGON ROSEWOOD P'iNDLAY _ -- — ' n [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]