2015-100108 ~ Main Street ~ Saxony Washington County,Oregon 201 5-1 001 08
D-E
Stn=18 K GRUNEWALD 12/07/2016 10:14:06 AM
$35.00$11.00$5.00$5.00$20.00 $76.00
AFTER RECORDING RETURN TO: I,Richard flobernicht.Director of Assessment and Taxation and Ex-
Grantee Officio County CNrk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
Oregon DEQ recorded in the book of records of said county.
2020 S W Fourth Ave Ste 400 Richard Hobernicht,Director of
Assessment and Taxation.Ex-Officio
Portland, OR 97201
Grantor
City of Tigard
City Hall
13125 SW Hall Blvd
Tigard OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
(NO CHANGE)
This space provided for recorder's use.
EASEMENT AND EQUITABLE SERVITUDES
This grant of Easement and acceptance of Equitable Servitudes("EES")is made on
betimloaz,. $ 2015,between the City of Tigard("Grantor")and the State of Oregon,acting
by and through the Oregon Department of Environmental Quality("DEQ"or"Grantee").
RECITALS
A. Grantor is the owner of certain real property located at 12533, 12535,and 12537
SW Main Street,Tigard,OR 97223 in Washington County, Oregon in Washington County Tax
Map#s 2S102AB02000 and 2S102AB02100,Tax Lot 2000 and 2100 (the"Property")the
location of which is more particularly described in Exhibit A to this EES. Interested parties may
contact the Northwest Region office to review a detailed description of the risks from
contamination remaining at the Property and described in the site characterization report
prepared on behalf of Grantor by AMEC Environment&Infrastructure,Inc.
B. On May 5,2015,Grantor entered into a Consent Judgment, with DEQ,under
which Grantor agreed to implement certain remedial action,including the required institutional
controls.
C. This EES is intended to further the implementation of the selected remedial action
and protect human health and the environment.
D. Nothing in this Easement and Equitable Servitude constitutes an admission by
Grantor of any liability for the contamination described in the Easement and Equitable Servitude.
1. DEFINITIONS
1.1 "Acceptable risk level"has the meaning set forth in Oregon Revised Statute
(ORS)465.315 and Oregon Administrative Rule (OAR)340-122-0115.
Easement and Equitable Servitudes Page 1 of 7
City of Tigard
AFTER RECORDING RETURN TO:
Grantee
Oregon DEQ
2020 SW Fourth Ave, Ste 400
Portland, OR 97201
Grantor
City of Tigard
City Hall
13125 SW Hall Blvd
Tigard OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
(NO CHANGE)
This space provided for recorder's use.
EASEMENT AND EQUITABLE SERVITUDES
This grant of Easement and acceptance of Equitable Servitudes ("EES") is made on
1bQ.wn10.en a A 2015, between the City of Tigard("Grantor") and the State of Oregon, acting
by and througfi the Oregon Department of Environmental Quality("DEQ"or"Grantee").
RECITALS
A. Grantor is the owner of certain real property located at 12533, 12535, and 12537
SW Main Street, Tigard, OR 97223 in Washington County, Oregon in Washington County Tax
Map#s 2S102AB02000 and 2S102AB02100, Tax Lot 2000 and 2100 (the"Property")the
location of which is more particularly described in Exhibit A to this EES. Interested parties may
contact the Northwest Region office to review a detailed description of the risks from
contamination remaining at the Property and described in the site characterization report
prepared on behalf of Grantor by AMEC Environment& Infrastructure, Inc.
B. On May 5, 2015, Grantor entered into a Consent Judgment, with DEQ,under
which Grantor agreed to implement certain remedial action, including the required institutional
controls.
C. This EES is intended to further the implementation of the selected remedial action
and protect human health and the environment.
D. Nothing in this Easement and Equitable Servitude constitutes an admission by
Grantor of any liability for the contamination described in the Easement and Equitable Servitude.
1. DEFINITIONS
1.1 "Acceptable risk level"has the meaning set forth in Oregon Revised Statute
(ORS)465.315 and Oregon Administrative Rule(OAR)340-122-0115.
Easement and Equitable Servitudes Page 1 of 7
City of Tigard
1.2 "Beneficial use"has the meaning set forth in OAR 340-122-0115.
1.3 "DEQ"means the Oregon Department of Environmental Quality, and its
employees, agents, and authorized representatives. "DEQ"also means any successor or assign
of DEQ under the laws of Oregon, including but not limited to any entity or instrumentality of
the State of Oregon authorized to perform any of the functions or to exercise any of the powers
currently performed or exercised by DEQ.
1.4 "Ecological receptor"has the meaning set forth in OAR 340-122-0115.
1.5 "Engineering control"has the meaning set forth in OAR 340-122-0115.
1.6 "Hazardous substance"has the meaning set forth in ORS 465.200.
1.7 "Owner"means any person or entity, including Grantor, who at any time owns,
occupies, or acquires any right,title, or interest in or to any portion of the Property or a vendee's
interest of record to any portion of the Property,including any successor, heir, assign or holder
of title or a vendee's interest of record to any portion of the Property, but excluding any entity or
person who holds such interest solely for the security for the payment of an obligation and does
not possess or control use of the Property.
1.8 "Remedial Action"has the meaning set forth in ORS 465.200 and OAR 340-122-
0115.
2. GENERAL DECLARATION
2.1 Grantor, in consideration of Grantee's approval of the Consent Judgment
described above, grants to DEQ an Easement for access and accepts the Equitable Servitudes
described in this instrument and, in so doing, declares that the Property is now subject to and
must in the future be conveyed,transferred, leased, encumbered, occupied, built upon, or
otherwise used or improved, in whole or in part, subject to this EES.
2.2 Each condition and restriction set forth in this EES touches and concerns the
Property and the equitable servitudes granted in Section 3 and easement granted in Section 4
below,runs with the land for all purposes, is binding upon all current and future owners of the
Property as set forth in this EES, and inures to the benefit of the State of Oregon. Grantor further
conveys to DEQ the perpetual right to enforce the conditions and restrictions set forth in this
EES.
3. EQUITABLE SERVITUDES
(REQUIRED ACTIONS AND RESTRICTIONS ON USE)
3.1 Groundwater Use Restrictions. Owner may not extract through wells or by
other means or use the groundwater at the Property for consumption or other beneficial use. This
prohibition does not apply to extraction of groundwater associated with groundwater treatment or
monitoring activities approved by DEQ or to temporary dewatering activities related to
Easement and Equitable Servitudes Page 2 of 7
City of Tigard
construction, development, or the installation of sewer or utilities at the Property. Owner must
conduct a waste determination on any groundwater that is extracted during such monitoring,
treatment, or dewatering activities and handle, store and manage waste water according to
applicable laws.
3.2 Vapor Barrier Engineering Control Use Restrictions. Owner must maintain a
vapor mitigation system, for any structure that may be constructed on the Property. Except upon
prior written approval from DEQ, Owner must not conduct operations on the Property or use the
Property in any way that will or likely will penetrate the vapor mitigation system, including the
vapor barrier, or jeopardize the vapor barrier's protective function as an engineering control that
prevents intrusion of sub-slab vapor at concentrations exceeding applicable risk-based
concentrations, including without limitation any excavation, drilling, scraping, or erosion.
3.3 Contaminated Media Management Plan. Prior to any building demolition,
Owner will prepare a contaminated media management plan for use by contractor working at the
site.
3.4 Building Demolition. Following any building demolition, Owner will perform
additional environmental investigation to evaluate whether soil cleanup work may be necessary
to reduce or eliminate the need for the vapor mitigation system.
3.4.1 The additional investigation will consist of approximately five soil gas
sample points with follow-up soil and groundwater sampling, with locations proposed to DEQ
for concurrence. Any contaminated soils will be removed to reduce or eliminate future risk from
on-site sources.
3.4.2 If additional groundwater investigation is determined to be necessary, then
groundwater sampling may include three to four groundwater monitoring wells, which will be
sampled for up to four quarters. As an additional push probe groundwater sample points may be
installed with DEQ approval.
3.5 Warnings. Owner will post warning signs at the Property as necessary to warn of
potential hazards of exposure to contaminants at levels that exceed acceptable risk levels.
3.6 Use of the Property. Owner may not occupy or allow other parties to occupy the
Property unless the controls listed in this Section 3 are maintained.
4. EASEMENT
(RIGHT OF ENTRY)
During reasonable hours and subject to reasonable security requirements,DEQ may enter
upon and inspect any portion of the Property to determine whether the requirements of this EES
have been or are being complied with. Except when necessary to address an imminent threat to
human health or the environment, DEQ will use its best efforts to notify the Owner 72 hours
before DEQ entry to the Property. DEQ may enter upon the Property at any time to abate,
mitigate, or cure at the expense of the Owner the violation of any condition or restriction
contained in this EES,provided DEQ first gives written notice of the violation to Owner
describing what is necessary to correct the violation and Owner fails to cure the violation within
Easement and Equitable Servitudes Page 3 of 7
City of Tigard
the time specified in such notice. Any such entry by DEQ to evaluate compliance or to abate,
mitigate, or cure a violation may not be deemed a trespass.
5. RELEASE OF RESTRICTIONS
5.1 Owner may request release of any or all of the conditions or restrictions contained
in this EES by submitting such request to the DEQ in writing with evidence that the conditions
or restrictions are no longer necessary to protect human health and the environment. The
decision to release any or all of the conditions or restrictions in this EES will be within the sole
discretion of DEQ.
5.2 Upon a determination pursuant to Subsection 5.1, DEQ will, as appropriate,
execute and deliver to Owner a release of specific conditions or restrictions, or a release of this
EES in its entirety.
6. GENERAL PROVISIONS
6.1 Notice of Transfer/Change of Use. Owner must notify DEQ within 10 days
after the effective date of any conveyance, grant, gift, or other transfer, in whole or in part, of
Owner's interest in or occupancy of the Property. Such notice must include the full name and
address of the Party to whom Owner has transferred an interest or right of occupancy. In
addition, Owner must notify DEQ a minimum of 10 days before the effective date of any change
in use of the Property that might expose human or ecological receptors to hazardous substances.
Such notice must include complete details of any planned development activities or change in
use. Notwithstanding the foregoing, Owner may not commence any development inconsistent
with the conditions or restrictions in Section 3 without prior written approval from DEQ as
provided in Subsection 3 of this EES or removal of the condition or restriction as provided in
Subsection 5.1. This subsection does not apply to the grant or conveyance of a security interest
in the Property.
6.2 Zoning Changes. Owner must notify DEQ no less than 30 days before Owner's
petitioning for or filing of any document initiating a rezoning of the Property that would change
the base zone of the Property under the Washington County or City of Tigard zoning code for
any successor code. As of the date of this EES, the base zone of the Property is Mixed-Use
Central Business District(MU-CBD).
6.3 Cost Recovery. Owner will pay DEQ's costs for review and oversight of
implementation of and compliance with the provisions in this EES, including but not limited to
periodic review and tracking of actions required by this EES. This EES constitutes the binding
agreement by the Owner to reimburse DEQ for all such eligible review and oversight costs.
DEQ will establish a cost recovery account for tracking and invoicing DEQ project costs. DEQ
will provide the Owner with a monthly statement and direct labor summary. DEQ costs will
include direct and indirect costs. Direct costs include site-specific expenses and legal costs.
Indirect costs are those general management and support costs of the State of Oregon and DEQ
allocable to DEQ oversight of this EES and not charged as direct site-specific costs. Indirect
charges are based on actual costs and are applied as a percentage of direct personal services
costs.
Easement and Equitable Servitudes Page 4 of 7
City of Tigard
6.4 Inspection and Reporting. Owner will immediately notify DEQ of any
condition or occurrence at the Property that does not conform with provisions of this EES. In
addition, Owner will maintain records documenting inspection and reporting as outlined in the
DEQ approved Consent Judgment. Owner will submit inspector records to DEQ within 30 days
of receipt of a notice letter from DEQ of its periodic review of compliance with this EES.
Reports provided to DEQ in response to this notification must include sufficient detail to allow
DEQ to determine compliance with EES requirements, and include a photographic log that
supports the report's narrative.
6.5 Reference in Deed. A reference to this EES, including its location in the public
records,must be recited in any deed conveying the Property or any portion of the Property. Each
condition and restriction contained in this EES runs with the land so burdened until such time as
the condition or restriction is removed by written certification from DEQ, recorded in the deed
records of the County in which the Property is located, certifying that the condition or restriction
is no longer required to protect human health or the environment.
6.6 Effect of Recording. Upon the recording of this EES, all future Owners are
conclusively deemed to have consented and agreed to every condition and restriction contained
in this EES, whether or not any reference to this EES is contained in an instrument by which
such person or entity occupies or acquires an interest in the Property.
6.7 Enforcement and Remedies. Upon any violation of any condition or restriction
contained in this EES,the State of Oregon, in addition to the remedies described in Section 4,
may enforce this EES as provided in the Consent Judgment or seek available legal or equitable
remedies to enforce this EES, including civil penalties as set forth in ORS 465.900.
6.8 IN WITNESS WHEREOF Grantor and Grantee have executed this Easement and
Equitable Servitude as of the date and year first set forth above.
BY SIGNATURE BELOW, THE STATE OF OREGON APPROVES AND ACCEPTS
THIS CONVEYANCE PURSUANT TO ORS 93.808.
GRANTOR: City of Tigard
Date: I.2, ..3-o(5--
Marty Wine, ity Manager
[Signature and Acknowledgments Continued on Next Page]
Easement and Equitable Servitudes Page 5 of 7
City of Tigard
STATE OF OREGON )
ss.
County of/I 7jyt_) )
The foregoing instrument is acknowledged before me this --7Zay of
/Lk c.p__,11 ) , 20 1ST by Marty Wine, City Manager for the City of Tigard, on
its behalf.
r�1
_ �
♦.+, OFFICIAL SEAL -
- _ J
NORMA I ALLEY
NOTARY PUBLIC-OREGON O
COMMISSION N0.465295 !
EXHIBIT A
Legal Description of the Property
Prelun nary Report Order No.:7072-2237910
Page 7 of 7
Exhibit"A"
Real property in the County of Washington,State of Oregon,described as follows:
PARCEL I:
BEGINNING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE JOHN
HICKLIN DONATION LAND CLAIM NO.37 IN TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE
MERIDIAN,WASHINGTON COUNTY,OREGON.
AND RUNNING THENCE SOUTH 45°00'WEST ON LINE BETWEEN THE SAID JOHN HICKLIN DONATION
LAND CLAIM AND THE GEORGE RICHARDSON DONATION LAND CLAIM,A DISTANCE OF 1807.1 FEET
TO A POINT;THENCE SOUTH 45°00'EAST ALONG THE EAS 11RLY LINE OF THAT CERTAIN TRACT OF
LAND CONVEYED TO EMIL A.AND OLIVIA T.JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE
0069,WASHINGTON COUNTY, DEED RECORDS A DISTANCE OF 131.0 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT;THENCE FROM THE DESCRIBED POINT OF BEGINNING
SOUTH 45°00'EAST ALONG THE EASTERLY LINE OF SAID JOHNSON TRACT A DISTANCE OF 93.0 FEET
TO A POINT ON THE NORTHERLY UNE OF THE PACIFIC HIGHWAY;THENCE FOLLOWING SAID
NORTHERLY LINE OF THE PACIFIC HIGHWAY ON A 5730.0 FOOT RADIUS CURVE TO THE RIGHT(THE
LONG CHORD OF WHICH BEARS SOUTH 57°31'WEST 23.5 FEET)23.5 FEET TO A POINT MARKED BY
AN IRON HIGHWAY RIGHT OF WAY MARKER;THENCE SOUTH 57°38'WEST ALONG SAID RIGHT OF
WAY LINE 145.0 FEET TO A POINT IN THE CENTER OF FANNO CREEK;THENCE NORTH 36°30'WEST IN
THE CENTER OF FANNO CREEK A DISTANCE OF 78.6 FEET TO A POINT;THENCE NORTH 55°52'WEST
IN THE CENTER OF FANNO CREEK A DISTANCE OF 6.1 FEET TO A POINT;THENCE NORTH 55°09'EAST
ALONG THE HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 156.4 FEET TO THE POINT OF BEGINNING.
PARCEL II:
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE JOHN
HICKLIN DONATION LAND CLAIM IN TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMLI it MERIDIAN,
WASHINGTON COUNTY,OREGON.
AND RUNNING THENCE SOUTH 45°18'WEST ALONG THE DONATION LAND CLAIM LINE 1814.5 FEET
TO THE MOST WESTERLY CORNER OF LOT 15 OF ELECTRIC ADDITION TO TIGARDVILLE(PLAT BOOK
2,PAGE 0042),A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY,OREGON;THENCE SOUTH
44°47'EAST ON THE SOUTHWESTERLY LINE OF SAID LOT 15 AND THE NORTHEASTERLY LINE OF A
TRACT OF LAND CONVEYED TO EMIL JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE 0069 OF
WASHINGTON COUNTY DEED RECORDS, 131.0 FEET TO THE WESTERLY CORNER OF THE
SOUTHEAS i tRLY 1/2 OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT;THENCE FROM THE DESCRIBED POINT OF BEGINNING SOUTH 44°47'EAST ON
SAID SOUTHWES I ERLY LINE OF LOT 15 A DISTANCE OF 96.0 FEET TO THE NORTHERLY LINE OF THE
OLD TAYLORS FERRY ROAD;THENCE NORTH 60°12'EAST ON SAID ROAD LINE 22.2 FEET TO AN IRON;
THENCE NORTH 36°10'WEST 48.3 FEET TO AN IRON;THENCE NORTH 60°12'EAST 40.1 FEET TO AN
IRON;THENCE NORTH 36°10'WEST 65,0 FEET TO AN IRON ON THE EASTERLY BOUNDARY OF THE
STATE HIGHWAY;THENCE SOUTH 45°14'WEST ALONG SAID LINE,77.24 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM A PORTION OF A LAND CONVEY TO THE CITY OF TIGARD,WASHINGTON
COUNTY,OREGON FOR ROAD OR SI KEET PURPOSES RECORDED ON SEPTEMBER 13,2012 AS FEE NO.
2012 076047
NOTE:This legal description was created prior to January 1,2008.
fiat American Title
Easement and Equitable Servitudes Page 7 of 7
City of Tigard
•V r•, First American Title Company of Oregon
'; 9200 SE Sunnybrook Blvd.,Ste 400 100‘.
First American
Clackamas,OR 97015
Phn- (503)659-0069
Fax- (866)902-9870
City of Tigard, a Municipal Corporation July 09, 2015
City of Tigard, Attn: Kenny Asher, 13125 SW Hall Blvd. File No.: 7072-2237910 (jrw)
Tigard, OR 97223
Re: Property: 12533, 12535, 12537 SW Main Street, Tigard, OR 97224
The closing of the above referenced transaction is now complete. For your records we enclose the following:
(Keep these instruments in a safe place as some of them cannot be replaced.)
• Final HUD-I Statement and/or Settlement Statement
• Original Recorded Warranty Deed
Your Deed and Policy of Title Insurance will be forwarded separately.
If checks are included in this package, p/ease negotiate as soon as possible. Should you have any questions or
-ed her assistance, please contact the undersigned.
irst Am= •e• ltle Co-•p• y of Oregon
Mary a stant for
Julie Wright, Escrow Officer
First American Tide Company of Oregon
AV, First American 9200 SE Sunnybrook Blvd., Ste 400•Clackamas,OR 97015
Office Phone:(503)659-0069 Office Fax:(866)902-9870
Buyer's Final Settlement Statement
Property: 12533, 12535, 12537 SW Main Street, Tigard, File No: 7072-2237910
OR 97224 Officer: Julie Wright/am
Settlement Date:
Disbursement Date: 07/09/2015
Print Date: 07/09/2015, 2:13 PM
Buyer: City of Tigard, a Municipal Corporation
Address: City of Tigard, Attn: Kenny Asher, 13125 SW Hall Blvd., Tigard, OR 97223
Seller: Beutler Exchange Group, LLC as Qualified Intermediary for Saxony-Pacific, LLC
Address: C/O Hans Finke, PO Box 1565, Wilsonville, OR 97070
Charge Description Buyer Charge Buyer Credit
Consideration:
Total Consideration 515,500.00
Deposits in Escrow:
Receipt No. 707263076 on 04/16/2014 by City Center Redevelopment Agency 10,000.00
transfer from 1963757
Receipt No. 707272765 on 07/09/2015 by City of Tigard, a Municipal Corporation 514,213.57
Adjustments:
_Security Deposit OR Dr Axle lease 300.00
Est.water and sewer 49.00- Hillers lease 49.00
Dr Axle Lease-Dep towards LMR 1,100.00
Prorations:
County Tax 07/01/15 to 07/09/15 @$4497.59/yr 98.58
Rents-OR Driveaxle 07/01/15 to 07/09/15 @$1665.00/mo 429.67
Rent-Hillers Emblem 07/09/15 to 08/01/15 @$1300.00/mo 964.52
Commission:
Commission Paid at Settlement to Jones, Lang& LaSalle 10,125.00
Title/Escrow Charges to:
E-recording Fee to First American Title Company of Oregon 5.00
Escrow/Closing Fee to First American Title Company of Oregon 600.00
Record Special Warranty deed to First American Title Company of Oregon 66.00
Totals 526,725.67 526,725.67 u
First Americ n Title Company of Oregon
J ie igh
Page 1 of 1
. •` •"'
• •, Owner's Policy of Title Insurance
"„ 'S " First American ISSUED BY
First American Title Insurance Company
POLICY NUMBER
Owner's Policy 5011400-2237910
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,
FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence,duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed, witnessed, sealed,acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company
/1i/4
.0441 ki 1:34-Aeld-e9-71,"
Jeffrey S Rnb:nscin
Secrerary
(This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited.Reprinted under license from the American Land Title Association
Form 5011400(7-1-14) Page 1 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
COVERED RISKS(Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part
of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency, or similar creditors'rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of Records at Date of Policy, but Known to the Insured Claimant
this policy, and the Company will not pay loss or damage, costs, and not disclosed in writing to the Company by the Insured
attorneys'fees,or expenses that arise by reason of: Claimant prior to the date the Insured Claimant became an
1. (a) Any law, ordinance, permit, or governmental regulation Insured under this policy;
(including those relating to building and zoning) restricting, (c) resulting in no loss or damage to the Insured Claimant;
regulating, prohibiting,or relating to (d) attaching or created subsequent to Date of Policy (however,
(i) the occupancy, use,or enjoyment of the Land; this does not modify or limit the coverage provided under
(ii) the character, dimensions, or location of any Covered Risk 9 and 10); or
improvement erected on the Land; (e) resulting in loss or damage that would not have been
(iii) the subdivision of land;or sustained if the Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state
or the effect of any violation of these laws, ordinances, or insolvency, or similar creditors' rights laws, that the transaction
governmental regulations. This Exclusion 1(a) does not vesting the Title as shown in Schedule A, is
modify or limit the coverage provided under Covered Risk
5 (a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does (b) a preferential transfer for any reason not stated in Covered
not modify or limit the coverage provided under Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
Risk 6. by governmental authority and created or attaching between Date
2. Rights of eminent domain. This Exclusion does not modify or of Policy and the date of recording of the deed or other instrument
limit the coverage provided under Covered Risk 7 or 8. of transfer in the Public Records that vests Title as shown in
3. Defects, liens, encumbrances,adverse claims,or other matters Schedule A.
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Form 5011400(7-1-14) Page 2 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
CONDITIONS
1. DEFINITION OF TERMS notice of matters relating to real property to purchasers for
The following terms when used in this policy mean: value and without Knowledge. With respect to Covered Risk
(a) "Amount of Insurance": The amount stated in Schedule A, 5(d), "Public Records" shall also include environmental
as may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United
policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is located.
10 and 11 of these Conditions. (j) "Title": The estate or interest described in Schedule A.
(b) "Date of Policy": The date designated as"Date of Policy"in (k) "Unmarketable Title": Title affected by an alleged or apparent
Schedule A. matter that would permit a prospective purchaser or lessee of
(c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the
company, or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual
(d) "Insured": The Insured named in Schedule A. condition requiring the delivery of marketable title.
(i) The term "Insured"also includes 2. CONTINUATION OF INSURANCE
(A) successors to the Title of the Insured by The coverage of this policy shall continue in force as of Date of
operation of law as distinguished from purchase, Policy in favor of an Insured, but only so long as the Insured
including heirs, devisees, survivors, personal retains an estate or interest in the Land, or holds an obligation
representatives, or next of kin; secured by a purchase money Mortgage given by a purchaser from
(B) successors to an Insured by dissolution, merger, the Insured, or only so long as the Insured shall have liability by
consolidation, distribution, or reorganization; reason of warranties in any transfer or conveyance of the Title.
(C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser
another kind of Entity; from the Insured of either (i) an estate or interest in the Land, or
(D) a grantee of an Insured under a deed delivered (ii) an obligation secured by a purchase money Mortgage given to
without payment of actual valuable consideration the Insured.
conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(1) if the stock, shares, memberships, or other The Insured shall notify the Company promptly in writing (i) in
equity interests of the grantee are wholly- case of any litigation as set forth in Section 5(a) of these
owned by the named Insured, Conditions, (ii) in case Knowledge shall come to an Insured
(2) if the grantee wholly owns the named hereunder of any claim of title or interest that is adverse to the
Insured, Title, as insured, and that might cause loss or damage for which
(3) if the grantee is wholly-owned by an the Company may be liable by virtue of this policy, or (iii) if the
affiliated Entity of the named Insured, Title, as insured, is rejected as Unmarketable Title. If the Company
provided the affiliated Entity and the named is prejudiced by the failure of the Insured Claimant to provide
Insured are both wholly-owned by the same prompt notice, the Company's liability to the Insured Claimant
person or Entity,or under the policy shall be reduced to the extent of the prejudice.
(4) if the grantee is a trustee or beneficiary of a 4. PROOF OF LOSS
trust created by a written instrument In the event the Company is unable to determine the amount of
established by the Insured named in loss or damage, the Company may, at its option, require as a
Schedule A for estate planning purposes. condition of payment that the Insured Claimant furnish a signed
(ii) With regard to (A), (B), (C), and (D) reserving, proof of loss. The proof of loss must describe the defect, lien,
however, all rights and defenses as to any successor encumbrance, or other matter insured against by this policy that
that the Company would have had against any constitutes the basis of loss or damage and shall state, to the
predecessor Insured. extent possible, the basis of calculating the amount of the loss or
(e) "Insured Claimant": An Insured claiming loss or damage. damage.
(f) "Knowledge" or "Known": Actual knowledge, not 5. DEFENSE AND PROSECUTION OF ACTIONS
constructive knowledge or notice that may be imputed to (a) Upon written request by the Insured, and subject to the
an Insured by reason of the Public Records or any other options contained in Section 7 of these Conditions, the
records that impart constructive notice of matters affecting Company, at its own cost and without unreasonable delay,
the Title. shall provide for the defense of an Insured in litigation in
(g) "Land": The land described in Schedule A, and affixed which any third party asserts a claim covered by this policy
improvements that by law constitute real property. The adverse to the Insured.This obligation is limited to only those
term "Land"does not include any property beyond the lines stated causes of action alleging matters insured against by
of the area described in Schedule A, nor any right, title, this policy. The Company shall have the right to select
interest, estate, or easement in abutting streets, roads, counsel of its choice (subject to the right of the Insured to
avenues, alleys, lanes, ways, or waterways, but this does object for reasonable cause) to represent the Insured as to
not modify or limit the extent that a right of access to and those stated causes of action. It shall not be liable for and will
from the Land is insured by this policy. not pay the fees of any other counsel. The Company will not
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other pay any fees, costs, or expenses incurred by the Insured in
security instrument, including one evidenced by electronic the defense of those causes of action that allege matters not
means authorized by law. insured against by this policy.
(i) "Public Records": Records established under state statutes
at Date of Policy for the purpose of imparting constructive
Form 5011400(7-1-14) Page 3 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
CONDITIONS(Continued)
(b) The Company shall have the right, in addition to the 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
options contained in Section 7 of these Conditions, at its TERMINATION OF LIABILITY
own cost, to institute and prosecute any action or In case of a claim under this policy, the Company shall have the
proceeding or to do any other act that in its opinion may be following additional options:
necessary or desirable to establish the Title, as insured, or (a) To Pay or Tender Payment of the Amount of Insurance.
to prevent or reduce loss or damage to the Insured. The To pay or tender payment of the Amount of Insurance under
Company may take any appropriate action under the terms this policy together with any costs, attorneys' fees, and
of this policy, whether or not it shall be liable to the expenses incurred by the Insured Claimant that were
Insured. The exercise of these rights shall not be an authorized by the Company up to the time of payment or
admission of liability or waiver of any provision of this tender of payment and that the Company is obligated to pay.
policy. If the Company exercises its rights under this Upon the exercise by the Company of this option, all liability
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this
defense as required or permitted by this policy, the policy, other than to make the payment required in this
Company may pursue the litigation to a final determination subsection, shall terminate, including any liability or obligation
by a court of competent jurisdiction, and it expressly to defend, prosecute, or continue any litigation.
reserves the right, in its sole discretion, to appeal any (b) To Pay or Otherwise Settle With Parties Other Than the
adverse judgment or order. Insured or With the Insured Claimant.
6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) To pay or otherwise settle with other parties for or in the
(a) In all cases where this policy permits or requires the name of an Insured Claimant any claim insured against
Company to prosecute or provide for the defense of any under this policy. In addition, the Company will pay any
action or proceeding and any appeals, the Insured shall costs, attorneys' fees, and expenses incurred by the
secure to the Company the right to so prosecute or provide Insured Claimant that were authorized by the Company
defense in the action or proceeding, including the right to up to the time of payment and that the Company is
use, at its option, the name of the Insured for this purpose. obligated to pay; or
Whenever requested by the Company, the Insured, at the (ii) To pay or otherwise settle with the Insured Claimant the
Company's expense, shall give the Company all reasonable loss or damage provided for under this policy, together
aid (i) in securing evidence, obtaining witnesses, with any costs, attorneys' fees, and expenses incurred
prosecuting or defending the action or proceeding, or by the Insured Claimant that were authorized by the
effecting settlement, and (ii) in any other lawful act that in Company up to the time of payment and that the
the opinion of the Company may be necessary or desirable Company is obligated to pay.
to establish the Title or any other matter as insured. If the Upon the exercise by the Company of either of the options
Company is prejudiced by the failure of the Insured to
furnish the required cooperation,the Company's obligations provided for in subsections (b)(i) or (ii), the Company's
to the Insured under the policy shall terminate, including obligations to the Insured under this policy for the claimed
any liability or obligation to defend, prosecute, or continue loss or damage, other than the payments required to be
any litigation, with regard to the matter or matters made, shall terminate, including any liability or obligation to
requiring such cooperation. defend, prosecute, or continue any litigation.
(b) The Company may reasonably require the Insured Claimant 8. DETERMINATION AND EXTENT OF LIABILITY
to submit to examination under oath by any authorized This policy is a contract of indemnity against actual monetary loss
representative of the Company and to produce for or damage sustained or incurred by the Insured Claimant who has
examination, inspection, and copying, at such reasonable suffered loss or damage by reason of matters insured against by
times and places as may be designated by the authorized this policy.
representative of the Company, all records, in whatever (a) The extent of liability of the Company for loss or damage
medium maintained, including books, ledgers, checks, under this policy shall not exceed the lesser of
memoranda, correspondence, reports,e-mails,disks,tapes, (i) the Amount of Insurance; or
and videos whether bearing a date before or after Date of (ii) the difference between the value of the Title as insured
Policy, that reasonably pertain to the loss or damage. and the value of the Title subject to the risk insured
Further, if requested by any authorized representative of against by this policy.
the Company, the Insured Claimant shall grant its
(b) If the Company pursues its rights under Section 5 of these
permission, in writing, for any authorized representative of
the Company to examine, inspect, and copy all of these Conditions and is unsuccessful in establishing the Title, as
records in the custody or control of a third party that insured,
reasonably pertain to the loss or damage. All information (i) the Amount of Insurance shall be increased by 10%, and
designated as confidential by the Insured Claimant (ii) the Insured Claimant shall have the right to have the
provided to the Company pursuant to this Section shall not loss or damage determined either as of the date the
be disclosed to others unless, in the reasonable judgment claim was made by the Insured Claimant or as of the
of the Company, it is necessary in the administration of the date it is settled and paid.
claim. Failure of the Insured Claimant to submit for (c) In addition to the extent of liability under (a) and (b), the
examination under oath, produce any reasonably requested Company will also pay those costs, attorneys' fees, and
information, or grant permission to secure reasonably expenses incurred in accordance with Sections 5 and 7 of
necessary information from third parties as required in this these Conditions.
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company
under this policy as to that claim.
Form 5011400(7-1-14) Page 4 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
CONDITIONS(Continued)
9. LIMITATION OF LIABILITY Association ("Rules"). Except as provided in the Rules, there shall
(a) If the Company establishes the Title, or removes the be no joinder or consolidation with claims or controversies of
alleged defect, lien, or encumbrance, or cures the lack of other persons. Arbitrable matters may include, but are not limited
a right of access to or from the Land, or cures the claim to, any controversy or claim between the Company and the
of Unmarketable Title, all as insured, in a reasonably Insured arising out of or relating to this policy, any service in
diligent manner by any method, including litigation and connection with its issuance or the breach of a policy provision,
the completion of any appeals, it shall have fully or to any other controversy or claim arising out of the transaction
performed its obligations with respect to that matter and giving rise to this policy. All arbitrable matters when the Amount
shall not be liable for any loss or damage caused to the of Insurance is $2,000,000 or less shall be arbitrated at the
Insured. option of either the Company or the Insured. All arbitrable
(b) In the event of any litigation, including litigation by the matters when the Amount of Insurance is in excess of
Company or with the Company's consent, the Company $2,000,000 shall be arbitrated only when agreed to by both the
shall have no liability for loss or damage until there has Company and the Insured. Arbitration pursuant to this policy and
been a final determination by a court of competent under the Rules shall be binding upon the parties. Judgment
jurisdiction, and disposition of all appeals, adverse to the upon the award rendered by the Arbitrator(s) may be entered in
Title,as insured. any court of competent jurisdiction.
(c) The Company shall not be liable for loss or damage to the 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
Insured for liability voluntarily assumed by the Insured in CONTRACT
settling any claim or suit without the prior written consent (a) This policy together with all endorsements, if any, attached
of the Company. to it by the Company is the entire policy and contract
10. REDUCTION OF INSURANCE; REDUCTION OR between the Insured and the Company. In interpreting any
TERMINATION OF LIABILITY provision of this policy, this policy shall be construed as a
All payments under this policy, except payments made for whole.
costs, attorneys'fees, and expenses, shall reduce the Amount (b) Any claim of loss or damage that arises out of the status of
of Insurance by the amount of the payment. the Title or by any action asserting such claim shall be
11. LIABILITY NONCUMULATIVE restricted to this policy.
The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in
Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person, or
exception is taken in Schedule B or to which the Insured has expressly incorporated by Schedule A of this policy.
agreed, assumed, or taken subject, or which is executed by an (d) Each endorsement to this policy issued at any time is made
Insured after Date of Policy and which is a charge or lien on a part of this policy and is subject to all of its terms and
the Title, and the amount so paid shall be deemed a payment provisions. Except as the endorsement expressly states, it
to the Insured under this policy. does not (i) modify any of the terms and provisions of the
12. PAYMENT OF LOSS policy, (ii) modify any prior endorsement, (iii) extend the
When liability and the extent of loss or damage have been Date of Policy,or(iv)increase the Amount of Insurance.
definitely fixed in accordance with these Conditions, the 16. SEVERABILITY
payment shall be made within 30 days. In the event any provision of this policy, in whole or in part, is
13. RIGHTS OF RECOVERY UPON PAYMENT OR held invalid or unenforceable under applicable law, the policy
SETTLEMENT shall be deemed not to include that provision or such part held to
(a) Whenever the Company shall have settled and paid a be invalid, but all other provisions shall remain in full force and
claim under this policy, it shall be subrogated and entitled effect.
to the rights of the Insured Claimant in the Title and all 17. CHOICE OF LAW; FORUM
other rights and remedies in respect to the claim that the (a) Choice of Law: The Insured acknowledges the Company has
Insured Claimant has against any person or property, to underwritten the risks covered by this policy and
the extent of the amount of any loss, costs, attorneys' determined the premium charged therefor in reliance upon
fees, and expenses paid by the Company. If requested by the law affecting interests in real property and applicable to
the Company, the Insured Claimant shall execute the interpretation, rights, remedies, or enforcement of
documents to evidence the transfer to the Company of policies of title insurance of the jurisdiction where the'Land
these rights and remedies. The Insured Claimant shall is located.
permit the Company to sue, compromise, or settle in the Therefore, the court or an arbitrator shall apply the law of
name of the Insured Claimant and to use the name of the the jurisdiction where the Land is located to determine the
Insured Claimant in any transaction or litigation involving validity of claims against the Title that are adverse to the
these rights and remedies. Insured and to interpret and enforce the terms of this
If a payment on account of a claim does not fully cover policy. In neither case shall the court or arbitrator apply its
the loss of the Insured Claimant, the Company shall defer conflicts of law principles to determine the applicable law.
the exercise of its right to recover until after the Insured (b) Choice of Forum: Any litigation or other proceeding brought
Claimant shall have recovered its loss. by the Insured against the Company must be filed only in a
(b) The Company's right of subrogation includes the rights of state or federal court within the United States of America or
the Insured to indemnities, guaranties, other policies of its territories having appropriate jurisdiction.
insurance, or bonds, notwithstanding any terms or 18. NOTICES,WHERE SENT
conditions contained in those instruments that address Any notice of claim and any other notice or statement in writing
subrogation rights. required to be given to the Company under this policy must be
14. ARBITRATION given to the Company at First American Title Insurance
Either the Company or the Insured may demand that the claim Company, Attn: Claims National Intake Center, 1 First
or controversy shall be submitted to arbitration pursuant to the American Way; Santa Ana, CA 92707. Phone: 888-632-
Title Insurance Arbitration Rules of the American Land Title 1642.
Form 5011400(7-1-14) Page 5 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
' Owner's Policy of Title Insurance
First American
ISSUED BY
Schedule A First American Title Insurance Company
POLICY NUMBER
2237910
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707.
File No.: 7072-2237910
Address Reference: 12533, 12535, 12537 SW Main Amount of Insurance: $515,500.00
Street, Tigard, OR 97224
Premium: $1,374.00 Date of Policy: July 09, 2015 at 2:01 p.m.
1. Name of Insured:
City of Tigard, an Oregon municipal corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
City of Tigard, an Oregon municipal corporation
4. The Land referred to in this policy is described as follows:
PARCEL I:
BEGINNING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE
JOHN HICKLIN DONATION LAND CLAIM NO. 37 IN TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.
AND RUNNING THENCE SOUTH 45°00' WEST ON LINE BETWEEN THE SAID JOHN HICKLIN
DONATION LAND CLAIM AND THE GEORGE RICHARDSON DONATION LAND CLAIM, A DISTANCE
OF 1807.1 FEET TO A POINT; THENCE SOUTH 45°00' EAST ALONG THE EASTERLY LINE OF
THAT CERTAIN TRACT OF LAND CONVEYED TO EMIL A. AND OLIVIA T. JOHNSON BY DEED AS
RECORDED IN BOOK 118 PAGE 0069, WASHINGTON COUNTY, DEED RECORDS A DISTANCE OF
131.0 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM
THE DESCRIBED POINT OF BEGINNING SOUTH 45°00' EAST ALONG THE EASTERLY LINE OF
SAID JOHNSON TRACT A DISTANCE OF 93.0 FEET TO A POINT ON THE NORTHERLY LINE OF
THE PACIFIC HIGHWAY; THENCE FOLLOWING SAID NORTHERLY LINE OF THE PACIFIC
HIGHWAY ON A 5730.0 FOOT RADIUS CURVE TO THE RIGHT (THE LONG CHORD OF WHICH
BEARS SOUTH 57°31' WEST 23.5 FEET) 23.5 FEET TO A POINT MARKED BY AN IRON HIGHWAY
RIGHT OF WAY MARKER; THENCE SOUTH 57°38' WEST ALONG SAID RIGHT OF WAY LINE 145.0
FEET TO A POINT IN THE CENTER OF FANNO CREEK; THENCE NORTH 36°30' WEST IN THE
CENTER OF FANNO CREEK A DISTANCE OF 78.6 FEET TO A POINT; THENCE NORTH 55°52'
WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 6.1 FEET TO A POINT; THENCE
NORTH 55°09' EAST ALONG THE HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 156.4 FEET
TO THE POINT OF BEGINNING.
PARCEL II:
Form 5011400(7-1-14) Page 6 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE
JOHN HICKLIN DONATION LAND CLAIM IN TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
• MERIDIAN, WASHINGTON COUNTY, OREGON.
AND RUNNING THENCE SOUTH 45°18' WEST ALONG THE DONATION LAND CLAIM LINE 1814.5
FEET TO THE MOST WESTERLY CORNER OF LOT 15 OF ELECTRIC ADDITION TO TIGARDVILLE
PLAT BOOK 2, PAGE 0042), A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY,
OREGON; THENCE SOUTH 44°47' EAST ON THE SOUTHWESTERLY UNE OF SAID LOT 15 AND
THE NORTHEASTERLY LINE OF A TRACT OF LAND CONVEYED TO EMIL JOHNSON BY DEED AS
RECORDED IN BOOK 118 PAGE 0069 OF WASHINGTON COUNTY DEED RECORDS, 131.0 FEET
TO THE WESTERLY CORNER OF THE SOUTHEASTERLY 1/2 OF SAID LOT 15 AND THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE DESCRIBED
POINT OF BEGINNING SOUTH 44°47' EAST ON SAID SOUTHWESTERLY LINE OF LOT 15 A
DISTANCE OF 96.0 FEET TO THE NORTHERLY LINE OF THE OLD TAYLORS FERRY ROAD;
THENCE NORTH 60°12' EAST ON SAID ROAD LINE 22.2 FEET TO AN IRON; THENCE NORTH
36°10' WEST 48.3 FEET TO AN IRON; THENCE NORTH 60°12' EAST 40.1 FEET TO AN IRON;
THENCE NORTH 36°10' WEST 65.0 FEET TO AN IRON ON THE EASTERLY BOUNDARY OF THE
STATE HIGHWAY; THENCE SOUTH 45°14' WEST ALONG SAID LINE, 77.24 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM A PORTION OF A LAND CONVEY TO THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON FOR ROAD OR STREET PURPOSES RECORDED ON
SEPTEMBER 13, 2012 AS FEE NO. 2012 076047
NOTE: This legal description was created prior to January 1, 2008.
Form 5011400(7-1-14) Page 7 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
.'"' I Owner's Policy of Title Insurance
First American
ISSUED BY •
Schedule B First American Title Insurance Company
POLICY NUMBER
2237910
EXCEPTIONS FROM COVERAGE
File No.: 7072-2237910
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
This exception (#5) is hereby waived without additional cost in accordance with the provisions of
the Oregon Title Insurance Rating Manual provision 5.001 A 5 PROVIDED a Lender has been
issued a simultaneous title insurance policy on the subject property and to the extent this
exception has been eliminated or modified on said Lender's policy.
6. Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
7. Taxes for the fiscal year 2015-2016 a lien due, but not yet payable.
8. Statutory powers and assessments of Clean Water Services.
9. Easement, including terms and provisions contained therein:
Recording Information: July 13, 1964 in Book 517, Page 0282
In Favor of: City of Tigard
For: sewer
Form 5011400(7-1-14) Page 8 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)
10. Easement, including terms and provisions contained therein:
Recording Information: November 20, 1972 in Book 897, Page 0977
•
In Favor of: Unified Sewerage Agency
For: sewer
11. Easement, including terms and provisions contained therein:
Recording Information: November 20, 1972 in Book 897, Page 0979
In Favor of: Unified Sewerage Agency
For: sewer
12. Easement, including terms and provisions contained therein:
Recording Information: September 13, 2012 as Fee No. 2012 076047
In Favor of: City of Tigard
For: Temporary Construction
13. Consent Judgment, recorded June 12, 2015 as fee no. 2015-046428, case no. C152218CV, filed
May 29, 2015, including the terms and provisions thereof.
Form 5011400(7-1-14) Page 9 of 9 ALTA Owner's Policy of Title Insurance(6-17-06)