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83-036978 ~ 66th Street ~ Clinton Street ~ Baylor Street 8303697 '8 S'' TE •OF OREGON) *+.✓- ° City of Tigard ) I , DORIS HARTIG, hereby certify that I am the duly appointed, qualified , and acting Recorder of the City of Tigard, Oregon . I further certify that I have compared the herewith copy of Ordinance No. 83-41 of the City of Tigard with the original in my possession as custodian of the official records of the City of. Tigard, and that the herewith copy is a correct transcript of the whole of Ordinance No.83-41 IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of Tigard this 21st day of September 19 83 City Recorder CITY OF TIGARD, OREGON ORDINANCE NO. 83-__�_L AN ORDINANCE VACATING S.W. 66th STREET, A PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that Resolution No. 83-61 was adopted by this Council pursuant to ORS 271.100 on July 11, 1983, and related to the vacation of S.W. 66th Street, a public right-of-way in the City of Tigard, Washington County, Oregon. Resolution No. 83-61 also called a public hearing to be held on August 22, 1983, and directed that notice of said hearing be given as required by ORS 271.130. Section 2: The Council further finds that a public hearing as thereby called to be held as duly and regularly held at the regular Council meeting on August 22, 1983, at which time and place the Council afforded all interested persons an opportunity to be heard for or against the proposed vacation of said lands, and the Council further considered all objections thereto, in accordance with ORS 271.080 to 271.130. Section 3: The Council further finds that the City Recorder has certified that all city liens and all taxes have been paid on the property proposed for vacation and that a majority of the owners of the area affected by said proposed vacation, computed on the basis provided in ORS 271.080, did not object thereto in writing and that all owners affected thereby did, in fact, favor the vacation of said area; and that Council finds that said vacation will not substantially affect the market value of any abutting property. Section 4: The Council further finds that the public interest will not be prejudiced by the vacation of the hereinafter described S.W. 66th Street and that the said land is not useful as part of the public street, utility or road system of the City of Tigard and that it is in the public interest that said vacation be approved. Section 5: The following described land is hereby vacated: A parcel of property in the S.E. 1/4, Section 36, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows : Beginning at the Northeast corner of Block 7, West Portland Heights, a recorded plat, Washington County Records: thence East, 60.00 feet to point in the east right-of-way line of S.W. 66th Avenue ; thence South along said East right-of-way line, 150.00 to a point ; thence S. 16041 '57" W. , 208.81 feet, to the Southeast corner of Lot 27 Block 7, West Portland Heights ; thence North along the East line of said Block 7 West Portland Heights, 350.00 feet to the point of beginning. ORDINANCE NO. 83-,11 cf Section 6: That the City Recorder be, and she is hereby authorized and directed to have a certified copy of this ordinance filed for record with the following Washington County departments : 1. Department of Records and Elections 2. Department of Assessment & Taxation - Attn: County Assessor 3. Department of Public Works - Attn: County Surveyor Section 7: This ordinance shall become effective after such time as a public easement(s) shall be reserved therein to provide for existing utilities or if the dedication of easement occurs before the 30th day after enactment by the Council and approval by the Mayor, then the ordinance shall be effective on and after the 30th day of said enactment and approval. PASSED: By UjI dillin Ca y vote of all Council members present, after being read by title only, this a.L._day of 1983. Recorder - City of Ti APPROVED: By the Mayor, this .,� i_ day of CL-!4z a 5; , 1983. Mayor - City of Tigard APPROVED AS TO FORM City Attorney ORDINANCE N0. 83- PAGE 2 (EAN:dj/0076P) v v i ► � I mom I I I I I S W CLINTON S T. I � Ii ' � ► I as d :ZE I a�tl Cb - `� I i \ a 1< I � W � I I I 6ilv � I I I : . I m a � 0 I � � a I Z O a) � I r-rill Zr D r � ox oo b I I x w rn w � n D a�a I I oa N I I Q o b I I 0 \ I I IM �/ • EAS 0 zSTATE OF OREGON tt ao y S SS W BAYLOR ST. Count of Washington r -1 I, Donald W.Mason;Director of Assessment D and Taxation and Ex-Officio Recorder of Con- veyances for said county,do hereby certify that — the within instrument of writing was received and recorded in book of records of said county. (n Z v n Donald W. Mason, Director of I ? Assessment and Taxation, Ex- Officio Chief Deputy Clerk I I� - V � ���.i �f• off' i , ..�� IS83 0C'T —6 Fi1i I I: 28 9lc�/ Q 97223 (a) Motion by Councilor Cook, seconded by Councilor Brian to adopt. Approved by majority vote of Council. 7. ORDINANCE NO. 83-40 AN ORDINANCE ADOPTING FINDINGS, AMENDING THE COMPREHENSIVE PLAN MAP (CPA 10-83 Krueger) AND DECLARING AN EMERGENCY. (a) Motion by Councilor Brian, seconded by Councilor Cook to adopt. (b) City Staff noted in Section 1.1 the language should read: "The proposed plan designations are comparable to the County's plan designations which had been assigned to the property." Motion approved by unanimous vote of Council. 8. OPEN AGENDA (a) Dr. Charles Kingston of Fowler Junior High discussed the student exchange program and presented the city a gift from students of Bradford England. He thanked the city for their cooperation and assistance with the exchange program. 'j 9. S.W. 66TH STREET VACATION 1 (a) Public Hearing Opened (b) Staff recommended approval of the request. o City Attorney reported he had worked on the funding of Mr. Cooper's building but stated he had no conflict of interest. o Councilor Brian reported he had reviewed appraisals of Cooper's land but had no conflict of interest in this matter. (c) Public Testimony o Fred Cooper - CCS properties testified in favor of the vacation. (d) Public Hearing Closed (e) ORDINANCE NO. 83-41 AN ORDINANCE VACATING S.W. 66TH STREET, A PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. o Motion by Councilor Scheckla, seconded by Councilor Cook to adopt. Approved by unanimous vote of Council. 10. S.W. 114th STREET VACATION (a) Public Hearing Opened (b) Staff noted letter of objection received from Fire Dept. and a private citizen. PAGE 2 - COUNCIL MINUTES - AUGUSI 22, 1983 TIMES PUBLISHING COMPANY RECgly r P.O. 6010 PHONE(503)684-0360 7-6150 'NWEAVERTON,OREGON 9707.5 Legal Notice Advertising CITY OF TIGARD • ❑ Tearsheet Notice City of Tigard • P.O. Box 23397 • ❑ Duplicate Affidavit Tigard, Oregon 97223 AFFIDAVIT OF PUBL - k ` STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' A RESOLUTION CONCERNING VACATION OP A,.P()RTION"OF$�$ 1 Susan Pink1ey AVENUE A DMICATED PU R1Gffr4)P-VAY IN THE Cftl , being first duly sworn, depose and say GARD,,WASHINGTON COUNTY,OREGON. Director, or his principal clerk, of the— WHERM,the arm described on the attached shed headed-- Al a newspaper of general circulation as and by this reference made a part hereof, is dedicated to the pith for and 193.020; published at- Tigard highway puri and , aforesaid county and state; that the WHEREAS,the area described oksaid Eftibit"A"lies knit coijillftt PUBLIC NOTICE bOcuida`le$of the City of Tigard,Oregon;and a printed copy of which is hereto annex WHEREAS, said described area is not needed to,..serve a p lic-,, perp sf [is 90,81tuattd a$to be of no usefulness naw or in the future`s 1 entire issue of said newspaper for of l" lic street~ gm of the City,and consecutive in the following issues: it appears to be in the public interest that1he sakt,.area�U, vlacatad and:c bd to the tai rolls and made avai ff el l -aw u1y 19, 21, 28, August 4 Use,reserving therein a public easement for said existing public servica'*M- ties;and WHEREAS,pursuant to Chapter 271:130 ORS,the City gaverr bady,,may initiate vacation proceedings as authorized in Chapter 771.080 ORS. NOS THEREFORE, BE IT ABSOLVED by the City Council of Turd as follows: '(1) "That the public hearing is hereby called to be held by'_the Council of-T1gaxdM Mao, oil 22, k983,-at F J Subscribed and sworn ore a his School Lecture Roam'IOW Walnut Street,within the of tt beginning at 7:30 P.M.,at which time and;place the Council,"I boor any ob)ections thereto, acoi any iaterest+ad person n ay appear saet ise heard for or against the proposed*Ming of said lands. (2) That the City Recorder be,and aha 1s hereby authoriaa�i and - ed to cause to have published jinn--dw l 71ga Tl i 6,_ pi My Commission Expires: Feb. 24, general circulation in the City of Tigard hereby designed,for � pose, a notice of said hearing to the lorcn heretic;attached and AFFIDAVIT reference made a part heregt}the Ai0tj6uhl ,fi .to,be 14th day of July,1983,and`once aarbr avee tb�ereafter for five publishi€Igs' in a11. - "The recorder be,and she is beirtby,farther directi to cause tohve posted Within five (5) days after tlbe date of first ,publication,coon-4f said notice in the form hereto attached, of or near each ed, ;� area(s)proposed to be vacated,and in the sb a copy of said notice in at least tato ( icuous place$anti:the area(s)proposed t/o�be vacated,aR tt tie a s � v�rit�n `�•�{'��d 4 K-YM 4 ++�, @,r3. F 11Tt1af the iariJtullir VIVO race cnad8 a pt.bsaco." *r 4 t4) 'fit ts)shall lie to pi ., prior to final PASSED:By:G`i,rich on the 11th day of hty+,1"t Wilbur A.bljlaop Mayor ATTEST: <i , Ili Dei6 riplt ;>rtar Street Vacation S.W.all Avenue A parcel of Po0i0>' J8 the S.F. 4,'Section 6,Township I South; ;West.of the Will AijaW it dial Washington Com, Oregon, being aularLY debad "tea:' Bagicc>ning at the Wolt4east,cornerof Block 7, West Portian a ,c W Gasu "Ilectucls;"#bl cie oR . stviay link at S.W.fth�►� � r,�tu� �t ay 1 , 3flO,*to d 0'"' *the Southeast corner of ill 27 B of_ ;Wapt the E*Tine of$ofd 8loclt *s�rrfland . . t too: belili tains 0,3il3 x ., k , TTt#1 0 4W, 4 611,' MCOOPER CONSULTANTS, INC. ENGINEERING/ARCHITECTURE/CONSTRUCTION SERVICES 11675 S.W.66th AVENUE • PORTLAND,OREGON 97223 • (503)639.4972 70201 __1 f May 24, 1983 Mr. Frank Currie Public Works Director City of Tigard City Hall Tigard, OR 97223 Re: Vacation of S.W. 66th Avenue We have resubmitted our petition to Elizabeth Newton. She has requested that you confirm to her that S.W. 66th' Avenue, in the vicinity of the vacation, is not under County jurisdiction. I have enclosed copies of County maps indicating that the foregoing is correct. If this agrees with your map, would you kindly give her the necessary assurance so she may initiate proceedings. Thank you for your assistance. Sincerely, COOPER CONSULTANTS, INC. Boyd M. Davison, P.E. Principal Engineer BD/blg enclosure VOW COOPER CONSULTANTS, INC. _ ENGINEERING/ARCHITECTURE/CONSTRUCTION SERVICES 11675 S.W.66th AVENUE• PORTLAND,OREGON 97223 • (503)639.4972 70201 May 24, 1983 Elizabeth Newton City of Tigard Planning Department City Hall Tigard, Oregon 97223 RE: Vacation of S.W. 66th Avenue In March, 1983, we submitted a petition for vacation of a portion of S.W. 66th Avenue to the City of Tigard. The petition was referred to Washington County, because it was believed that the vacation lay within County jurisdiction. Washington County has since determined that neither S.W. 66th Avenue nor S.W. Baylor Street, within the vicinity of the vacation, is under their jurisdiction. The County has directed us to refile the petition with the City of Tigard. A map, furnished by the County, showing County roads is attached. Since the initial submittal , Oregon Department of Transportation has moved the I-5 access control line further into S.W. 66th Avenue, and we have accordingly reduced the requested vacation area. The customary vacation documents are attached, as well as copies of previous petitions to both the City and the County. Your approval , either conditional or final , is necessary for pending building plan approval and permits. Please call me or Boyd Davison if you require additional documentation. Respectfully submitted, COOPER CONSULTANTS, INC. Fredrick C. Cooper, P.E. President FCC/blg cc: Frank Currie COOPER CONSULTANT89 INC. ENGINEERING 1 ARCHITECTURE/CONSTRUCTION SERVICES 11675 S.W.66th AVENUE• PORTLAND,OREGON97223•(503)639.4972 70100 March 24, 1983 Mayor and City Council 1 R City of Tigard City Hall S.W. Burnham Street Tigard, Oregon 97223 Re: Petition for Street Vacation, S.W. 66th Avenue Dear Mayor: I respectfully request your consideration to initiate a petition according to Oregon Revised Statues for a vacation of S.W. 66th Avenue between S.W. Baylor and S.W. Clinton, to be affected by the Oregon Department of Transportation's reconstruction of the Haines Road interchange. This action will affect only one property owner per the attached petition. This vacation will be subject to easements for existing utilities. We have already discussed this matter with Portland General Electric and they are in concurrence. Your prompt action in this matter will be greatly appreciated. Respectfully submitted, COOP CONSULTANTS, INC. c-- 1 Fredrick C. Cooper, P.E. President FCC:mlg attachment _t S.W. . MAPLELEAF I c W 1 in r, 'Q/ 1 OAK 5'!� OAK ► . ~ ~ ST. al L � pl NE L ST. 1 u 1 ► v! u! �n is J9 S.W. THORN/ ST. a > > � r r � r r r . FLE ST. Q "`"�f s W NAI AVE. a.T1 AN IVA BAYLOR ST I S.W :L uj W 1{y� I i � .. 11 ` 4 � `` UVALL ST. S.W. 1 rt a a 1✓ lr treys; . CLINTONI , STI I! � i • ::.:...:. :.:::.:•i: ....:... d `< DARTMOUTH STI 3 .,� c S.W. � 1 r.�:.• r ' �+ EMHUlST. i:::l STI J� O ^ j ,' IWA T Aly i � cn(:� ��`�`S�)I YJ �Zrr l C....•f"'%Z 3l 1, I 'S�t,� tit t S T �D I N ~ (PVT.` S.W CRESTVIE W v SW YARNS ST Q� 3 s W. �, • r PIR_ Sr. ❑ : >! i S.N.FIR LOOP r ! I `a : lln PVT j EXHIBIT "A" PETITION FOR VACATION PORTION OF S.W. 66TH AVENUE LEGAL DESCRIPTION OF PROPOSED VACATION That portion of S.W. 66th Avenue described as follows: A parcel of property in the S.E. 1/4, Section 36, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the Northeast corner of Block 7, West Portland Heights, a recorded plat, Washington County Records; thence East 49.00 feet to a point on the west access control line of Interstate 5; thence South 3°14'36" West along said access control line, 230.51 feet to a point; thence South 16°41'57" West 125.14 feet, to the Southeast corner of Lot 27, Block 7, West Portlnd Heights; thence North along the East line of said Block 7, West Portland Heights, 350.00 feet to the point of beginning. Said parcel contains 0.2739 acres. EXHIBIT B I I I I � Z I I I I I ( SCALE: t = 50, I S W 6 7TH AVE. I / o r:� �� �as o A � 0 # d F— ( BLOCK 7 0o ( TL 4300 TL 44 i 00 TL 3800 I I1 0 � NORTH I P.0.B. 354.00' /4 ..EXHIBIT $ ,,. S W 6 6TH S1604, , O. ssACRES o AV � S03014'36' w 150. 00' i SOUTH ODOT ACCESS CONTROL LINE TAX LOTS ON WCTM ISI 36 DD PL AT TO ACCOMPANY LEGAL DESCRIPTION Proposed Vacation of SW 66th AVE. IN T. I S. , R 1 W. , W. M. May 20, 1983 Drawn by: M.S.F. coopERcoNsuLTANT8, INC. ENl9iNUAWQ t ARCtWWTVft I COIMVRMT"URMEi 11676 S.W.66th AVE.• PORTUNO,OR 97223 i TO TI-TE HONORABLE MAYOr,�'D CITY COUNCIL ,* City of Tigard j County of Washington State of Oregon In the Matter of the vacation ) of lands described as : ) PETITION FOR VACATION j I Petitioners hereby request that the hereinbelow described area be vacated , for the following described reason(s) : The right-of-way for the Interstate 5/Haines Road exit currently being built by the Oregon Depart. of Transportation bisects S.W. 66th Avenue north of S.W. Clinton Street j creating a dead-end road which services property now under common ownership, therefore eliminating the need for public access to this portion of S.W. bbth Avenue. (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent tracts in or adjacent to the affected area as hereinbelow described. (3) That the cost of this vacation is to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the aforementioned owners/purchasers comprises approximately 0.35 acres , and is legally described hereinbelow (or on the attached sFeet marked Exhibit "A" which by reference herein is made a part hereof) and is illustrated on the attached drawing marked Exhibit "B" (which by reference herein is made a part hereof) : That portion of S.W. 66th Avenue extending from the southerly right-of-way of S.W. Baylor Street to the northerly right-of-way of S.W. Clinton other than that portion thereof taken by the State of Oregon Department of Transportation. WHEREFORE, petitioners request that said lands be vacated as herein requested and described and that the City Council of the City of Tigard, Oregon, expedite proceedings to that end as provided by law. TAX MAP # RECORDING SX NATURE ADDRESS TAX LOT # NUMBER 1S1 36DD 11675 S_W_ 66th Avenue 1S1 36DD 1167S -0,-W- 66th Aypnijp 1S1 36DD �l.Gi 70440NTRACT—REAL ESTATE—Partiel ►aym Te _— _ __ _ _ __ __ _ 830 14061 tT CV[Ne Ntas LAW eUaL1.NrNC CO.,VOATLANO,On.•r)O• C CONTRACT—REAL ESTATE' — / THIS CONTRACT Made this .......?f)t.h............dny of .............Apr.i,l................ .......................... 19..83..., between i .... DOLORES PHILIP and LOUISE TAZER, as tenants in commoq, each a.. undivided„one-half . ...................... .................................. nterest ......... ............................. ................................I........................................ ... .., hereinafter celled the seller, .......... FKEDERICK COOPER """"" ”" and ...... ..............I..... . .... .............................................................................................................................................................. .......... ............................................................................................................................................. hereinafter called the buyer, WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the seller agrees to sell unto the buyer and the buyer agrees to purchase from the seller all of the following described lands ; and premises situated in ......... ashington.....................................County, State of............. Oregon............ to-wit: Lots 27, 28, 29, 30, 31 and 32 in Block 7, WEST PORTLAND HEIGHTS SUBJECT TO easements, conditions, zoning and use restrictions of record, rights !! of the public in any portion within roads, and the usual printed exceptions of I� title policies. •i WASHINGTONCOUNTY %7PAID , ROPERry TRANSFER rAX i DATE. NIN IVE TH for the sum of .009„O.Q... ) (hereinafter'called the purchase price) on account of which .TRIRTYt nONE..TH.OUS.AND..S.T.X..H.UNDIIED...&IXTY.......... .......S.I�C..ANA..b.6/.7.QO...........Dollars (,6..3.1,6.6.6..6.6.........) is paid on the execution hereof (the receipt of which is ; hereby acknowledged by the seller), and the remainder to be paid to the order of the seller at the times and in amounts as follows, to-wit: (a) Monthly payments, each not less than $1,000, including interest on deferred balance at the rate of 14% per annum from date hereof until paid, said payments to be made it on the 1st day of each calendar month beginning with the month of June, 1983, and continuing until the entire deferred balance and interest has been paid. ji ?r (b) The entire deferred balance shall be paid in any event, not later than May 1, 1988. .I i. the buyer warranh to and covenant• with the softer that the real property destxibad In IAkroortfraet Is e(A) primarily for buyer'# personal family, household or 844oultural purpose#, (d) for an organisation or (even If buyer is a natural person) is for business or commercial purposes ather than ad►bultu►al pstrposea, AIt of said purchase price may be paid of any fine; all deterred balances of said purchase prise shat/ bear Wersat of the rate ov..14............... ......leer !` tent per annum from ..date...hereof.,.•„.„•,,,_„-•••,,,. ..unfit paid, interest to be paid......monthly. a{ "'�' and being included In ! the minimum regular payments above required. Tates on said promisee for the current year shall be prorated between the partks harsto as of....................... date hereof the buyer shall be entiNed to possession of said lands on date hereof , /E , and may retain such possession ser long At �t j it is not in default under the terms of rhis contract. The buyer agrees that at all times he will k"o the Fremisee and the buildings, now or hrrealfer heated 1 hereon, in flood condition and repair and will not sutler or permit any waste or strip therrol., that he wdf keep said premises free /tom eomtruefite and all cher liens and save the seller harmless therefrom and reimburse teller for all costs and attorney's lees incurred by him in defending against any such liens; i that Ae will par all rases heneafrer revied against said properly, as well as all water rents, public charges and municipal liens which hereafter lawfully may ' • imposed on upsAid premises, all pro rnpN), hrlore Me same or any part thereof hecome pair due; that at buyer's vapense, he w-ill insure and keep insured [ It huddings n,rw or hereafter erected on said premises agsinst lou or damage by fire (with •trended coverage) in an amount not leu than J.insurable val o n company or companies satisfactory to the seller, with Imo payable first to the seller and then to the buyer as their respective interests may appear and fl policies of insurance to be delivered to the seller as soon as insured. Now if the buyer shall fail to pay any such liens, costs, water rents, tarn, or cholera , to procure and pay for such insurance, the seller may do so and any payment so made shall be added to and become a part of the dehl secured by this ontracr and shill bear inferest at the rate aforesaid, without waiver, however, of any right arising to the seller for buyer's breach of contract. 1 aThe infer more” that at his Parente and within 30 clays from the date hereof, he will furmah unto louver a title imuranr• policy in- p C .... rno in An n.n„unl n,unl fn surd p.... a pr rrrl -mrkrfnhle title in and to said premises in the srl/rr on or subaequent fn the data nI this agreem-a. team of '. the usual eprions and the building and other r-frietiont anti easements m—of record, if mm•. Seller also agrees that -when serf purch,ua e ticite a fuRv pool and upon request and upon surrender of this agreement, he will deliver a good and sufficient deed convryrng said nrerrrises in fee simr/e us oto the buyer, his heirs and assigns, free and clear of encumbrances as of the date hereof and free and clear of all eneumbr,rncet since said (into placer), errctirtrd or arisrr,' by, through or under seller, ereepting, however, the said rasentents and restrictions and the taxes, municipal liens, wafer rents and rubCc a1qtZ�`;'6harget so assumed by the buyer and further ercepting all liens and encumbrances created by the buyer or his assigns. ` k j (Continued on reverse) Iphrase and NOTICE: Delete, by lining out, whichever phraand whichever wantonly (Al or (1( is nes applicable. If warranty (A( Is applicable end N seller is a trediNr, ssuch word is defined in she Truth-in•Landing Act and Regulation Z, she eller MUST comply with the Act and Regular;”by making required disclosures; for this purpose, r ass Srevam•No Pone No. 1301 or similar. If the contract becomes a first lien Its finance she purchase of a dwelling use Stswns-Noss fort” No. 1707 or similar. !� IC 1. s z OLORES PHILIP and LOUISE .,TAZER .......... ... .:........... STATE OF OREGON j 7930 SW 84th Avenue i Portland, OR.97223 ., . I SELLER'S NAME AND ADDRESS County of •.-""'•""":"""'•'••••.••..•••••• j FREDERICK COOPER I certify that the within instru- .- -' ment was received for record on the . .. ...... .. .. .. ......... .......day of .... 19......... i at.......... o'clock......M. and recorded . ... ... ...... ' fUy[R'S NAME AND ADDRCSI 1MG[R[1tRV[O r r in ..........On book reel volume No............. After retarding return tat FOR / / -1 ;.' First American Title Insurance Co of Ore...• RtcDRDER•s use pegs or as document/fee/file/ instrument/microfilm No. '1412 ­S'.14 e Beaverton Highway . ••""•••••••••••••• ' I! f ............. •- �••••• ••• ••• �••••• ......... Record of Deeds of said county. i ,i Portland, Oregon 97225 ... ......................................................_.... ...................__.................................. Witness my hand and seat of HAM[,ADDR[Sf,21p I: Until•thongs is respretted off tax settlements shall be sent to Me following address. County affixed. �I Frederick .Cooper 11675 S.We 66th Avenue NAME Portland, Oregon 97223 B .- NAM[,AOOREII.21p � � Y -• •• ••• ....Deputy .r? YAK " And it is r arty raJ and agreed between said parties that firnr ie of the eseorsce of this contract, and in car the buyer shall fail to make the above teyll ha or any of tAem, punervelfy within 70 Jarr of (he firnr limited therefor, or Lit /o keep any agreement herein contained, then fAs utter of hn Option shall have fhr following nlphts; (!) to declare this contract null and void, (7) to dnc/are Me whole un airf payments �. the interest thereon et once due end payable,a (.11 to withdrew said deed and other documents from escrow and/or (a) to loreo7ose this contract by suit n •i •pully, and in any of such cases,pox all rights end interest created or then existing'in favor of the buyer as against principal fence of said ontrac ss price t in rennins and rho right to the possession o! the prrmises above described and nil other rights acquired h the i Y gthb the se//e► hereunder shall utterly ease and de• ullri without any act of re-envy,or any other act o/ said seller to be f»r/mmrd and without any riged byof the 6uyse at hereunder s elll�vert a n,ra�t n semi moneys paid on account of the purchase of said property as absolutely, fully and perfectly as it Phis contrast and euoh return. f had never been meds; and m ease o/ such default all peymrnfe theretofore made on this contract are to be retainer! by and belong nt said sever h ay eneed and reasonable rem of said ! premises up to the time o1 such default. And the said seller, in case o/ such default, shall have the ng to immediately, or a/ any time thereafter, to enter upon 1 the land aforesaid, without any profess of law, and take immediate possession therrol, together with all the improvements and any timenthee thereon n r upon • belondinR The buyer further agrees that failure by the seller of any time to require performance by the buyer aI any proeislen he►eol shall in ass w right hereunder to enforce the same, nor shall any waiver by said setter of any breach of an ay offetY hh of any such provision, or as a waiver of the provision itself. Y Provision hereof be held to be a waiver of any ounoodind breach j 1, 1! `1 j the true and actual twmiderMfore paid for this transfer, @fated its terms of dollars, is g..95 a OQ0• 10I� mrlowerer, fRe sofa/swa@ideratrlewe i Of or includes other preperfy ew vela liven or promised whkA is Phot srM,�e 6onaidereflert(lndkere whfah).M In rose suit Of senor, Is 1nsNtutod to lorerfeer this eentrae, or /o on/nree any prorhlen hereof, fM lndng Arty in rW WII er salon af•oas M pw areR am as the treat court met, adiudge reasonnhle a, attorney's Iry fn ho all�wrd the pr owed in/ pretty in said roil or artrnn and it an attes7 re frk rn from •rev iudgrnerN or deters o! ur:h frin7 r.wrt, the Irving poly lurlhn promises nr pec arch sum ns be apprilstr court 'hall adturlgo r•a.�.nnLlr as fhr peeredmg Party s attorney a lees on such appeal. In eonvruing this contract• it is understood that the teller or the buyer may be more then one person of a corporation; that it the context so requires, the sinduLr ppronoun shall be take" to moan and include the plural, the masculine, the feminine and the neuter, and that generally oil drenrmatiea/ changes shall he maAP. assumed and implied to make the provisions hereof apply equally to corporations and let individuals. This Adreoment shall bind and inure to the ben,/it of, as the elrcvmstanco may require, not only the irernsediste parties hereto but their respwfive heifs, executor■• administrators, personal reprrsentafives, successors in interest end assigns as well. 1N WITNESS WHEREOF, said parties have executed this instrument in triplicate; if either o1 the under. IT signed is a corporation, it has caused its corporate name to be sign and its corporate Beal affixed hereto by its of- 3 s u/yau�thori ed t by order of its board of directo _ ...I. t1►N... ... ...................................... >�..... r ... ...!�.. ... .................................... .. .... ... .»....».... ...... »... NOTE—The rnhnse between ♦h ymbels(D, It net applicable, should be dilated. tee ORS ".0301. STATE OF OREGON, STATE OF OREGON,county of ..,...1..s.._..._..................................Washington ....................................................County ....... . , ........... ..... 19...83 i Porson ally appeared ........................................................... .......... I i !gid Personally appeared the above named. .. . .....................`.............................................................who, halrft dally warn, i .Dolores..Ph.ilip.,.&.. Louise...Tazer.................. each tar himself and not one Im she attAsr,dW say that the M am is Ma I� ....- . . ...................,;Y.,....................�................. .......................................................... ahad the latest h the ........................ . ... end :. �. std ackntiivled ed the tore instru- .............. ................. I, ment to bs, tl1G r. vofunt y act and deed. ................................................ ....... .....secretary ofe earporsw n, on, and that the we/ ellixed to the faregoing inahvmerrt it the corporate deaf j of said corporation and that sold insfrumont was aidned and sealed In be- ef" T ; hall of said corporation by authority o/ its board of directon; and each of . 9 ' them acknowledged said instrument to be its voluntary act and d"d. (OFFlfrl .. ... Before me. No/ary�P&1JbA�1W Oregon `2 ///n Notary Public for Oregon CSEAL) ,'•.rV1P'cvfttii ion expires l L.`�'. My commission expires., ORS 93.636 111 All instruments contracting to convey fee title to any real property, at a time more than 12 months from the data that the instrument N executed and the parties are bound, %hall be ecknowledlted. In the manner provided for acknowledgment of deeds, by the ea veyor of the title to be con- Is Such instruments, or a memorandum thereof, shall be recorded by the conveyor not later then 16 data afar the inNramrnt b esthe ti and the pore lies are bound thereby, ORS 93.0013) Violation of ORS 93.636 is puni%hable, upon conviction, by a fine of not more than 1100. 1 (DESCRIPTION CONTINUED) j i. �1 1' I, STATE OF OREGON ; County of Washington SS 1,Donald.W:MaStm,Directr.of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county,do hereby certify that the within instrument of writing wat received and recorded in book of records Of'Sald county. 7' ,15at1aiti W, Mas'ah, D1itector of AsseaslTlent and taxittion, Ex- ; 'Officio Chief Deputy Clerk i 1 qQj i 1983 APR 27 PA 2: 1 1 <