2021-004969 ~ 12533-12537 SW Main Street Washington County,Oregon 2021-004969
Stn=4 A STROM 01/13/2021 02:48:12 PM
Stn
$35.00$11.00$5.00$60.00 $111.00
I,Margaret Garza,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
When recorded return to: certify that the within instrument of writing was received and
recorded In the book of records of said county.
Margaret Garza,Director of Assessment
Buchalter I Ater Wynne kyr• R,r and Taxation,Ex Officio County Clerk
Attn: Ernest G. Bootsma }'st'`t j,
1331 NW Lovejoy Street,Suite 900 k ' ORIGINAL,.
Portland,OR 97209 1735�, Is
. .. 4 'r�' ^'.., -E INSURANCE
FIRST AMERICAN ' ::si�'C;
;'" ailment
(ICS- gi2zeici—a12I _
mow-
EASEMENT
EASEMENT AGREEMENT FOR PUBLIC VIE G AREA
THIS EASEMENT AGRE,MENT FOR PUBLIC VIEWING AREA(this"Agreement")is made and
entered this s17 day of I�eee`�rnbei,2021 (the"Effective Date"), by and between AVA TIGARD
DEVELOPMENT, LLC, an Oregon limited liability company ("Grantor"), and THE CITY OF
TIGARD,an Oregon municipal corporation(the"City").
RECITALS
A. Grantor is the owner of certain real property located in Tigard,Washington County,
Oregon,and legally described on attached Exhibit A,which description is made a part hereof(the
"Property").
B. Grantor intends to construct,own and operate a mixed-use building(i.e.,office and
residential), and related parking facilities, on the Property (the "Building"). As part of the land
use approvals,Grantor agreed to provide a non-exclusive easement on,through and over a portion
of the Property near Fanno Creek for the benefit of the public access and viewing of the creek in
the location depicted on attached Exhibit B as the public viewing area (the "Easement Area"),
upon and subject to the terms and conditions set forth herein.
AGREEMENT
Now, THEREFORE, in consideration of the mutual covenants contained herein, and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties agree as follows:
1. Recitals. The recitals are acknowledged as true and correct and are incorporated
herein as covenants and agreements and are made a part hereof.
2. Effective Date. This Agreement shall take effect upon the date hereof.
3. Easement.
3.1 Grant. Grantor hereby grants for the benefit of the public,a non-exclusive
easement on, through, and over the Easement Area located on the Property, as described and
depicted on attached Exhibit B,to permit(i)ingress and egress from the adjacent public rights of
way on and over the Easement Area, and(ii)public use of the Easement Area for public viewing
of Fanno Creek (the"Easement"), subject to all other reservations, easements, rights-of-way or
1—EASEMENT AGREEMENT FOR PUBLIC VIEWING AREA
A7Bta.eeoser4 a393saee.e
other encumbrances existing on, over, under and across the Property or otherwise heretofore
granted of record in the official record of Washington County,Oregon,which affect the Property.
3.2 Access.
(a) Right to Ensure Access and Safety. Grantor shall have the right
to:(i)request the removal of any and all persons that unreasonably loiter in the Easement Area or
otherwise block access or create an abusive or obnoxious nuisance affecting the public or
customers of businesses, and (ii)remove any objects placed on or otherwise block access to the
•
Easement Area ("Removal Rights"). The purpose of the foregoing Removal Rights is to ensure
reasonable and safe access for all persons of the public to the Easement Area and the Building,
including,but not limited to,public safety personnel.
(b) Indemnification of City. Grantor, and its successor and assigns,
shall indemnify and hold harmless the City for, from and against any and all claims, losses,
damages, liabilities and obligations arising from or in connection with Grantor's unlawful use of
the Removal Right described above in Section 3.2(a).
4. Maintenance and Repair. Grantor shall be responsible for maintenance of the
Easement Area. All paved surfaces shall be maintained in good and safe condition by Grantor.
5. Termination. This Agreement,and the Easement granted herein,shall be effective
in perpetuity, unless the parties mutually agree in writing otherwise. In the event the parties
mutually agree to terminate this Agreement, the rights and obligations of the parties hereunder
shall be released,this Agreement shall be of no further force and effect, and the parties mutually
agree to execute any documents reasonably required to remove the Easement from the Official
Records of Washington County,Oregon.
6. Running with the Land. This Agreement shall be binding upon the successors,
heirs, executors, administrators,personal representatives, or assigns of Grantor and the City and
upon all persons acquiring an interest thereunder,and shall be a covenant running with the title to
the Property herein described, including any lawful subdivision thereof, until terminated as
provided herein.
7. Authority. Grantor hereby covenants that it has good right and lawful authority to
enter this Agreement. The City hereby covenants that it is has good right and lawful authority to
enter into this Agreement.
8. Recording. This Agreement shall be recorded in the Official Records of
Washington County,Oregon.
[SIGNATURES ON FOLLOWING PAGE]
2-EASEMENT AGREEMENT FOR PUBLIC VIEWING AREA
17970.0006 BN 119307BBv8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
AVA TIGARD DEVELOPMENT,LLC,
an Oregon limited liability company
By:
ireh(Amy)Sabenyan,Manager
STATE OF OREGON )
COUNTY OF' 10x3
ss.
3
This Easement Agreement was acknowledged before me on Deeem� , 2021, by
Amireh(Amy)Saberiyan,as the Manager of AVA TIGARD DEVELOPMENT,LLC,an Oregon limited
liability company.
J1-2--'
STACY COLE
NOTARY PUBLIC-OREGON No ary Public or IS9rreo0
i.
MY COMMISSION EXPIRON ESEO.9 886,2022 My commission expires: G rPTEM
CITY OF TIGARD,
an Oregon municipal corporation
By:
Name:
Title:
STATE OF OREGON )
)ss.
COUNTY OF
This Easement Agreement was acknowledged before me on December , 2021, by
,as of THE CITY OF TIGARD,an Oregon
municipal corporation.
•
Notary Public for
My commission expires:
3—EASEMENT AGREEMENT FOR PUBLIC VIEWING AREA
A7914.0006 BN 419304a8v2
IN WITNESS'WHEREOF, the patties have executed this Agreement as of the day and year
first above written.
AVA TIGARD DEVELOPMENT,LLC,
an Oregon limited liability company
By:
Amireh(Amy)Saberiyan,Manager
STATE OF OREGON )
)ss.
COUNTY OF
This Easement Agreement was acknowledged before me on Deeern $ , 2021, by
Amireh(Amy)Saberiyan,as the Manager of AVA TIGARD DEVELOPMENT,LLC,an Oregon limited
liability company.
Notary Public for
My commission expires:
CITY OF TIGARD,
an Oregon municipal corporation
By: efik
Name: I�c-I-
Title: .r'K1tnLAk, AT, C.uL sv.,a.JA-5.r,-
STATE OF OREGON )
COUNTY OF wasittlytt.p:kSS.
This Easement Agreement was acknowledged before me on . —- ' , 2021, by
V-,-t-L„7 c4 L t nAr ,as-Da-NY/Ai,- Pti-ss c C.4%.714 of THE CITY OF TIGARD,an Oregon
municipal corporation.
_ I
f*�,
OFFICIAL STAMP 1�/}YI�J`_` eA
LINDA LEIGH GEERTSEN �,
NOTARY PUBLIC-OREGON O Public for
COMMISSION NO.958556 My commission expires. r3 7 7
MYMPAMISSIONEXPIRES FEBRUARY21.2021 •---1•- i
3-EASEMENT AGREEMENT FOR PUBLIC VIEWING AREA I.' � OFFICIAL STAMP
LINDA LEIGH GEERTSEM
0914.0006 BN 419304e13.sck.t"'"4"
NOTARY PUBUC-OREGON
COMMISSION NO.9585F
MYCOMMISSION EXPIRES FEBRUARY'
EXHIBIT A
LEGAL DESCRIPTION OF THE ENTIRE PROPERTY
A tract of land located in the Northeast One-Quarter of Section 2,Township 2 South,Range 1
West, Willamette Meridian,City of Tigard, Washington County Oregon and being particularly
described as follows:
Beginning at the most southerly corner of Lot 15 of the plat"Electric Addition to Tigardville",
Washington County Plat Records,also being on the northerly right-of-way line of SW Main
Street(38.67 feet from centerline);thence along said northerly right-of-way line,North
43°02'46"West 1.38 feet(40.02 feet from centerline);thence continuing along said northerly
right-of-way line along a non-tangent curve to the right with a Radius of 5689.58 feet,a Delta of
0°08'25",a Length of 13.93 feet,and a Chord of South 59°30'17"West 13.93 feet(40.00 feet
•
from centerline);thence continuing along said northerly right-of-way line, South 59°34'29"West •
153.53 feet; thence leaving said northerly right-of-way line,North 30°25'31" West 30.04 feet;
thence North 11°27'10"East 18.04 feet;thence North 30°25'31"West 32.58 feet; thence North
59°34'29"East 10.92 feet;thence North 30°25'31"West 11.52 feet to the southerly right-of-way
line of Pacific Highway(Station 92+30.18,Left 66.01 feet);thence along the southerly right-of-
way line of Pacific Highway North 56°51'21"East 99.52 feet(Station 91+31.47,Left 82.24
feet);thence continuing along the southerly right-of-way line of Pacific Highway North
46°42'21"East 76.85 feet to the westerly line of Document Number 2014-11885 (Station
90+54.03,Left 80.59 feet);thence along said westerly line,South 34°37'27"East 65.16 feet to
the northerly line of Document Number 2014-26159;thence along said northerly line,South
61°47'33"West 40.1.1 feet to the westerly line of said Document Number;thence along said
westerly line, South 34°37'27"East 51.12 feet to the northerly right-of-way line of SW Main
Street(40.00 feet from centerline);thence along said northerly right-of-way line,South
59°34'29"West 21.57 feet;thence continuing along said northerly right-of-way line,North
43°02'46"West 3.76 feet to the Point of Beginning.
•
The above tract of land contains 16,512 square feet,more or less.
The basis of bearings is per SN 32417.
A7914.0006sN41930488v8 4
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF EASEMENT AREA
Le2aI Descrintion of Easement Area:
AKS Job N4696
AS( ARS ENGINEERING&FORESTRY,LLC
12965 SW Herman Road,Suite 100,Tualatin,OR 97062
P:(503)563.6151 F:(503)563-6152
L'45"4 [4'Na e r'''' Tsrn OFFICES IN:TUALATIN,OR-VANCOUVER,WA•SALEM•KEIYER,OR
Public Viewing Easement
A tract of land located in the Northeast One-Quarter of Section 2, Township 2 South, Range 1
West, Willamette Meridian, City of Tigard,Washington County Oregon and being particularly
described as follows:
Commencing at the most southerly corner of Lot 15 of the plat"Electric Addition to Tigardville",
Washington County Plat Records,also being on the northerly right-of-way line of SW Main Street
(38.67 feet from centerline);thence along said northerly right-of-way line, North.43°02'46"West
1.38 feet (40.02 feet from centerline); thence continuing along said northerly right-of-way line
along a non-tangent curve to the right with a Radius of 5689.58 feet,a Delta of 0°08'25",a Length
of 13.93 feet,and a Chord of.South 59°30'17'West 13.93 feet (40.00 feet from centerline);thence
continuing along said northerly right-of-way line,South 59°34'29"West 1.10.91.feet to the Point
of Beginning; thence continuing along said northerly right-of-way line, South 59°34'29" West
18.19 feet; thence leaving said northerly right-of-way line North 30°25'01." West 30.04 feet;
thence North 11.°27'1.0" East 10.00 feet; thence South 78°32'50" East 5.95 feet; thence South
11°27'10"West 7.72 feet;thence South 30°25'31"East 15.52 feet;thence South 75°25'31"East
17.31 feet to the Point of Beginning.
The above tract of land contains 300 square feet,more or less.
The basis of bearings is per SN 32417.
11/5/2020
REGISTERED
PROFESSIONAL
LAND SURVEYOR
0444,114t.._
OREGON
NUARY 9, 2007
.1A 7
NICK WHITE
706521$
RENEWS: 6/30/22
A7914.0006 BN 0193048114 5
. .. .
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF EASEMENT AREA
(CONTINUED)
Depiction of Easement Area:
EXHIBIT B
A TRACT OF LAND LOCATED IN THE NORTHEAST 1/4 OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON
. COUNTY, OREGON
N
\------1
OCC NO.
SCALE: 1"=30 FEET N 2014-03153
illiiMnir DOC 29 2015-102934 r
2015-102934 ..e"
3D 0 12 18 24 1: . y0,
L=1193' TQa,
SOUTHERLY UNE LOT 14
S71132101 AREA:300 SF OF THE PLAT
5.95 X414 N4310'46'N 1.39' 91i>C1R C A001110N
19110917.72' 'I' POINT OF 1011OARDWUr
N117Y10E +i it 15.32' 4 OOMMENOMENT ,PIR SH 32417
10.074".r
Z531'E 17.31' IIIST SOUTHERLY CORNER LAT 15.�.' T01ICARDaIL
•41. /04PONT OF
ditt mem 4,-k -
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EIBEESIELBIL THE OASIS OF E(EARIIcs 5 It u o IOLo
NALL
13125 SW HAIL RIXSEAN MELLY SN 32417
WARD.OR 97223
1 CJRVE TAEaE
CURVE RADIUS DELTA 1 MON CHORD NIX ME
1 CI 5669.57 0125 13.0$' 5599717911193' ' V
DATE H (re,/
Milia MAP OF EASEMENT B
DOC NO =MIT Mgt 1Uf 5 ET4gNEE16NO a FORESTRY.U.C
91 N' COUNTWRYLY NUMBER Y
12965 SW HERMAN RD.SIE 100 i":13all
gSQUARE FEET TUAIAT91.OR 97062
P:503.5616151 F:503.563.6152 aks-enc.comLS( 4696
Mt an OW At WWI[blur
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A7914.0006 ON 01930499v8
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First American Title Insurance Company
National Commercial Services
200 SW Market Street
Suite 250
Portland, Oregon 97201
Judy Robertson Direct Phone Number: (503)790-7882
Escrow Assistant FAX:
jrobertson@firstam.com
Town Center Development Agency January 13, 2021
13125 SW Hall Blvd File Number: NCS-922819-0R1
Tigard, OR 97232
Re: 12533-12537 SW Main
Shelby Rihala
In connection with the above referenced transaction, enclosed please find the following:
- Seller's Final Settlement Statement
- Warranty Deed(certified copy)
- Termination of Lease (certified copy)
Sincerely,
Firs = erican Title' n urance Company
J F•obe on
-.-crow As istant
s First American Tide Insurance Company
'� National Commercial Services
- P.
200 SW Market Street,Suite 250• Portland, OR 97201
" ' /1/L'
Office Phone:(503)795-7600 Office Fax:(866)678-0591
Seller's Final Settlement Statement
File No: NCS-922819-0R1
Escrow Officer: Rene Moody/JR
Settlement Date: 01/13/2021
Disbursement Date: 01/13/2021
Property: .
12533-12537 Southwest Main Street, Tigard, OR 97223
Buyer:
Ava Tigard Development, LLC
4740 SW Hall Blvd, Tigard, OR 97005
Seller:
Town Center Development Agency
13125 SW Hall Blvd, Tigard, OR 97232
Description Seller Charge Seller Credit
Consideration
Total Consideration _ 390,000.00
Prorations _ I
I County Taxes R461299 01/13/21 to 07/01/21 Rj$3,899.92/yr 1,805.72
County Taxes R461306 01/13/21 to 07/01/21 @$274.70/yr 12 17 9
Title/Escrow Charges
Closing-Escrow Fee to First American Title Insurance Company National Commercial 800.00
Services
Municipality Service Fee to First American Title Insurance Company National Commercial 50.00
Services
Overnight Delivery Service to First American Title Insurance Company National 25.00
Commercial Services
Policy-Standard ALTA 2006 Owner's to First American Title Insurance Company National 1,130.00
Commercial Services
Record Easement Agreement to Washington County Recorder 111.00
Disbursements Paid
Property Tax Check
-Tax Installment:Amount to Washington County Tax Assessor 11.80
Tax Installment:Amount to Washington County Tax Assessor 11.33
Cash(X To)( From)Seller 389,793.78
I - Totals 391,932.91 I 391,932.91
Settlement Statement Page 1 of 2
Print Date:01113/2021,3:50 PM
Seller's Final Settlement Statement
Settlement Date: 01/13/2021 File No: NCS-922819-0R1
Officer: Rene Moody/JR
First American Title Insurance Company National
Commercial Services
By IL-1,t)
Rene Moody
Settlement Statement Page 2 of 2
Print Date:01/13/2021,3:50 PM
First American Title Insurance Company STATEMENT OF ACCOUNT
PO Box 677858
4.40 Dallas, TX 75267-7858 Page 1 of 1
Customer: NATLAC-3207350
Location: NATLAC-3207350
Statement date: 01/06/2021
TOTAL DUE $1,000.00
r
CITY ATTORNEY-TIGARD
„ 13125 SW HALL BLVD
PORTLAND OR 97223-8144
111111111111"111'11111"111111411011111111111111111111"1For billing inquiries please contact:
Accounts Receivable
Email: FAHQ-RA-Customer.Statements@firstam.com
0
0
O
N
O
g Invoice# File#/Status Office# Inv Date Adj Date Type Description Amount Balance
8 1601-1601108068 1044928 01601 12/29/2020 INV Buyer. $1,000.00 $1,000.00
a.
a Seller.
Contact Sean Farrelly
F- Reference:APN 2S102AD03401 and
2S102AD03450
N Property Address:APN 2S102AD03401 and
2S102AD03450„Tigard,OR„USA
Current 1-30 Days 31-60 Days • :- lays Over 90 Days
$0.00 $1,000.00 $0.00 $0.00 $0.00
TOTAL DUE: $1,000.00
PLEASE DISREGARD THIS NOTICE IF PAYMENT HAS ALREADY BEEN MADE