86-044434
CITYOF MI ARD
OREGON
25 Years of SeMcae
1961-1986
November 25, 1986
Mr. Thomas Gerber
Attorney at Law
5200 S. W. Macadam Avenue
Suite 400
Portland, OR 97201
Dear- Mr. Gerber:
In accordance with your telephone conversation with my secretary today, i
enclosed please find a copy of two recorded Permanent Storm Drainage
Easements:
1. Pioneer Land Development, Inc. (Recorded Document No. 86044433). i
Please note that 'a copy of this document has also been mailed to.
Neal Conser in Corvallis.
2._ Coast-Finance.,_.inc.__(Recorded_.Document_No._86044434)-,'
If you have any questions, please do not hesitate to contact this office.
Sincerely,
c,
0
Loreen R. Wilson
Acting City Recorder
cw
Enclosures
cc: John Hagman - Engineering
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171
- After recording, return to:
r~ Ii ut
Y'1r cr
P'OyBo2339.7 .31 .f-1ti' 4.~ ' r
CORPORATION Tigard;. Oregon 97223~ 5a`'
rx
PERMANENT STORM DRAINAGE EASEMENT Q-C
KNOW ALL MEN BY THESE PRESENTS THAT Coast Finance, Inc. a
California corporation
hereinafter called the Grantors, in consideration for the sum of One Dollar
Only dollars 1.00 ) from the City of
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground storm drainage line and
appurtenances, together with the right to remove, as necessary, vegetation,
foliage, trees and other obstructions on the following described parcel of
land., situated in the City of Tigard, Washington County, State of Oregon: As
described on Exhibit A and depicted on Exhibit B attached hereto.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
title or interest except those expressly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors.
COAST FINANCE INC.
Name of rpor on
Corporate Seal
By:
Pres den
a
STATE OF OX ' - ) By: QiLC_.
-u-, ) ss. .4-6 fa-,4-Secretary
County of {~q )
Personally appeared L,UZ4~ OQl
who, eash-being first du y sworn, did say tha 4+ke-~Q~
fvver is the president and
the secretary of Coast Finance, Inc.
a corporation, and that the seal affixed to
the foregoing instrument is the corporate seal of said corporation and that
said instrument was signed and sealed in behalf of, said corporation by
author t„v of it's, board of directors; and each of them acknowledged said
instrpiner.C"'fo' Spr is voluntary act an d
Notary Public for o~
"(*L'TARIAL,REAL) My Commission Expires: Approved.,as;,tQ. form this' day. of h~k u SV , 19_
By:
Ci y Attorne - C y of Tigard
Approved'-'as to legal description this day ofli a , 198e,~.
By:
6w1'~,` 'off v Cit - City of Tigard
SlrHk4~L
Ap provh~ts 2iay of , 19
CITY COUNCIL, CITY OF TIGARDQ
fir? % By:
ty Recorder - City of Tigard.
•
A strip of land variable in width (7.5 feet on the
right side of centerline and tapering to a maximum of 7.5 feet in
width on the left side of centerline) for storm drainage
easement purposes, said easement situated on that certain parcel
of land described in Warranty Deed Recorded January 27, 1984, Fee
Number 84003444, Washington County Deed Records, the centerline'
of said easement being more particularly described as follows:
Commencing at the most westerly southwest corner of Fountains at
Summerf i el d Condominium, Phase 1, a recorded plat, situated in
the SF_ 1/4 Section 10, Township 2 South, Range 1 West, Willamette
Meridian, Tigard, Washington County, Oregon; thence West 5.08
feet along the North line of a certain parcel of land described
in Warranty Deed Recorded January 27, 1984, Fee Number 84003444,
Washington County Dosed Records; thence.South 44'36' East across
the northeasterly portion of said parcel of land ?0.92 feet to a
point in the northwesterly right of way line of S.W. Summerfield
Drive, 60 feet wide, and the termination of said centerline, said
point of termination being 1:2.74 feet :southwesterly of the most
southerly corner of Fountains at. Summerfield, Phase 1, aforesaid,
said corner also being the most easterly corner of the aforedes-
cribed parcel recorded in Fee No. 840;0 444.
TOGETHER WITH a temporary easement for construction purposes 20
feet in width adjacent to and contiguous with the southwesterly
side of the above described storm drainage easement, continuing
until construction is complete.
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Exhibit A
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..'After recording, return to:
Thomas A., Ober
5200 SW Macadam Av., Suit__ 400
Portland, OR 97201
SUBORDINATION TO EASEMENT
WHEREAS, Coast Finance, Inc., a California corporation, owns
certain real property located in the City of Tigard, County of Washing-
ton, State of Oregon, and is granting an easement upon a portion thereof
in favor of the City of Tigard, Oregon, a municipal corporation, by way
of instrument to which this subordination is attached; and
WHEREAS, the undersigned is the vendor, mortgagee, trust deed
trustee or beneficiary and/or secured party with respect to the follow-
ing instrument(s) which pertain to the property described in Exhibit A:
Deed of Trust dated July 1, 1983, recorded July 22, 1983 in
the records of Washington County, Oregon, under Fee No. 83026321, as
to which the undersigned is the beneficiary as successor by merger to
Tualatin Development Co., Inc.; and
WHEREAS, the undersigned desires to subordinate all of its
rights and interests with respect to the property described in Exhibit A
by virtue of the foregoing instruments to the rights and interests
granted by the easement above described;
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the undersigned does
hereby-and forever subordinate all of its rights and interests in or to
the property described in Exhibit A pursuant to the above-described
in t ume t to and in favor of all rights and interests granted to
Pik-°Oag~e~~and its assigns by virtue of the above-
described easement. The subordination hereby effected shall be perpetual
and shall operate in favor of the City of Tigard, Oregon and its assigns,
but only to the extent of the rights and interests granted or created by
such easement.
IN WITNESS WHEREOF, this instrument is executed this _7th day
of July 1986.
HAYDEN CORPORATION, a Delaware
Corporation, successor by merger
to Tualatin Development Co., Inc.
By: Name: David S. Larimer
Position: Executive Vice President
STATE OF OREGON )
. ss.
County of Multnomah )
.On the 7th. day of _ July 1986, personally appeared before me
David S. Larimer , who, being duly sworn, did state that he is
the. Executive Vice President of Hayden Corporation, successor by merger
to Tualatin Development Co., Inc., and said instrument was signed.on
behalf of said corporation by authority of its Board of Directors; and
he acknowledged said instrument to be its voluntary act and deed.
Notary Public for Oregon
8/25/88
(NOTAR"I•AL SEAL). My Commission Expires:
1 '
Exhibit A
J►1lM I I
A portion of Lots is, 16 Mika III- - the
City of Tigard, Lngton ounty. Oregon, m oam in
re pa a"arly
described as follows:
BEGINNING at a point located North 631.57 feet and zest
818.46 feet from the one-quarter corner of the south line of
section 30. Township 2 south, Range 3 West, Nillabette
Meridian. City of Tigard. Washington county..oregon. which
point is the northeast cornier of that certain tract conveyed
to Tualatin DevelCiFftnt Co.. Inc. by Used recorded is Seek
849, Page 19, Deed Records: thence South 5003813S' Last.
86.36 feet to the Northwesterly right-of-way of the are of "
Southwest Summerfield Drive; thence along the arc of a
610.00 foot radius curve left having a cents:al angle of
0801313V . the chord of which bears South 351141460 West and
is 87.45 feet in length Ithe arc distance of 57.53 foot
being to the right of the chard); thence south 31.08.08°
West a distance of 327.86 feet; thence along tba arc of a
385.54 foot radius curve right through a central angle of
92012119•, the chard of which bears South 771! 141 180 Want.
BIRO is 267.39 feet in length lithe azc distaaee of 296.59
feet being to the left, of the chord); thence leaving said
right-of-may. North 330200270 East a distance of 16.76 feet:
thence North 447.96 toot to the North line as ascribed is
Deed book 849, Page 19. Washington County beed Accords;
thence along the North line as described is Deed book 649.
Page 19. North 89040044' lest a distance of 403.70 toot to
the point of begiumiaq.
PARCSI. II:
A portion of Lots 16 and 17. MILLOMSR001 PARR, Is the City
of Tigard, Washington County. Oregon. score particularly
described as follows:
BEGINNING at a point located on the North lime of.tbat tract
conveyed to Tualatin Development Co... Inc. is Deed book 849.
Page. 19, Deed Reeards being ton Northwest corner of that
tract recorded as Pee ft. 79-266e5 oa July 9, 1979, Deed
Records: thence south 447.96 feats thence South 330209270
West. 18.76 feet to the Northerly line of S.M. so®sartield
Drive as recorded in Deed book 954, Pages 340 through 344 as
dedicated to the City of Tigard.; thence North 360391350
West. 52.00 feet; thence along the arc of a 130.00 toot
radius curve having a central angle of 06040.55', the chord"
of which bears North 601001031 West, 15.15 foot Itae are
distance of 15.61 feet being to the right of tba chard) to
the Southeast corner of. that tract dom yea to Sunday
Consomer Corporation in'iee no. 79-26990: tasnce slag the
Zeaerly boundary of.said Tee so. 79-26990.. North- X21° 3cl 32.
West, radially 39.47 feats thence north 69646.570 4ssmbq.%j0&4t
52.00 feet; thence North 21°13'03• Last, 104.00 foot; %ssnce :
North 68'46'57' West. 84.67. feats thence North eamENRIPCO lqf lbw
West. 80.00 feet; thence South 690 10'440 West, 95.00 Smet;
thence North 00019036• West, 165.00 feet to the Nosmast
corner as described in fee No. 79-26990: thence Borth
89140144• Last. 235.30 feet to the point of beginning.
5
FOR LEGIBLE COPY OF THIS LEGAL DESCRIPTION SEE DOCUMENT NUMBER 85020589.
After.recording, return to:
Thomas. A.. rA
5200 SW Macadam Ay.f Suite ,
Portland, OR 97201
SUBORDINATION TO EASEMENT
WHEREAS, Coast Finance, Inc., a California corporation, owns
certain real property located in the City of Tigard, County of Washing-
ton, State of Oregon, and is granting an easement upon a portion thereof.
in favor of the City of Tigard, Oregon, a municipal corporation, by way
of instrument to which this subordination is attached; and
WHEREAS, the undersigned is the vendor, mortgagee, trust deed
trustee. or beneficiary and/or secured party with respect to the follow-
ing instrument(s) which pertain to the property described in Exhibit A:
1. Deed of Trust dated May 30, 1985, recorded in the records
of Washington County, Oregon, on June 5, 1985, under Fee No. 85020589;
2. Financing statement recorded in the records of Washington
County, Oregon, on June 5, 1985, under Fee No. 85020590; and
WHEREAS, the undersigned desires to subordinate all of its
rights and interests with respect to the property described in. Exhibit A
by virtue of the foregoing instruments to the rights and interests
granted by the easement above described;
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the undersigned does
ereby.and forever subordinate all of its rights and interests in or to
he property described in Exhibit A pursuant to the above-described
oik r ia in favor 'of all rights and interests granted to
ee r-a~-~h~-er and its assigns by virtue of the above-
described easement. The subordination hereby effected shall be perpetual
and shall operate in favor of the City of Tigard, Oregon and its assigns,
but only to the extent of the rights and interests granted or created by
such easement.
WITNESS WHEREOF, this instrument is executed this day
of I 1986.
MITSUI UFAC URERS BANK
By: -
Name: DO
_
Positi *ESID
i
STATE. OF CALIFORNIA ) ~CMVEXTE A. GOBER, ARM SECRETARY
- ss.
County of )
On the day of _ 1986, personally appeared before me
who, being duly sworn, did state that he is
the of Mitsui Manufacturers Bank, and said instru-
ment was signed on behalf of said corporation by authority of its Board
of Directors; and he acknowledged said instrument to be its voluntary
act.and deed.
Notary Public for
(NOTARIAL SEAL) My Commission Expires:
r'
er.reopr4ing, return'tr'
is A. Gerber
• 52 , S6~T Macadam 7w., Suite 400
Portland, OR 97201
SUBORDINATION TO EASEMENT
WHEREAS, Coast Finance, Inc., a California corporation, owns
certain real property located in the City of Tigard, County of Washing-
ton, State of Oregon, and is granting an easement upon a portion thereof
in favor of the City of Tigard, Oregon, a municipal corporation, byway
of instrument to which this subordination is attached; and
WHEREAS, the undersigned is the vendor, mortgagee, trust deed
trustee or beneficiary and/or secured party with respect to the follow-
ing instrument(s) which pertain to the property described in Exhibit A:
1. Mortgage dated July 25, 1980, recorded August 29, i980
in the records of Washington County, Oregon, under Fee No. 80029991;
2. Deed of Trust, Assignment of Rents, Assignment of Vendee's
Interest in Contracts, and Subordination Agreement dated June 30, 1983,
recorded in the records of Washington County, Oregon, on July 1, 1983
under Fee No. 830234.51;
3. Financing statement recorded.in the records of Washington
County, Oregon, on July 1, 1983, under Fee No. 83023452; and
WHEREAS, the undersigned desires to subordinate all of its
rights and interests with respect to the property described in Exhibit A
by virtue of the foregoing instruments to the rights and interests
granted by the easement above described;
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the undersigned does
hereby and forever subordinate all of its rights and interests in or to
the property described in Exhibit A pursuant to the above-described
ir}tnt-a
_gm a d n~favor of all rights and interests granted to
P1M1___ _M121 and its assigns by virtue of the above-
described easement. The subordination hereby effected shall be perpetual
and shall operate in favor of the City of Tigard, Oregon and its assigns,
but only to the extent of the rights and interests granted or created by
such easement.
IN WITNESS WHEREOF, this instrument is executed this 27th day
of June 1986. AMERICAN SAVINGS AND LOAN ASSOCIATION,
a Utah corpo tion, doing business in Oregon as
WILLAME AVINGS & LOAN ASSOCIATION,
form ly kn,o as Fred Meyer Savings &
Lo Asso, i ti Oregon
By: '
Name:
Position: Dou las. G. Greybill
Vice President
STATE OF OREGON )
ss.
County of Multnomah )
On the.: , 27th day of June 1986, personally appeared before.me
Douglas.G. Greybill who, being duly sworn, did state that he is
the Vide'-Piesident of Willamette Savings & Loan Association,"
formerly nown as Fred Meyer Savings & L n Association of Oregon,.
and-said'instrument was signed on be ha :.,of said corporation by authority
f o it.: Board .of Directors; and• ck owledg a'd instru t to be its
vo] zxi~ it -.act and deed.
divisiofi',jif American Savings
and ~ssb~iat ;ion, a Utah tary Public for rego
(NOTARIAL S,At) corporation My Commission Expires : 8/11/89..
o.
e~
4 `t f
i
Exhibit A
P Ys
A portion of lots 25, It A.-AdA - La the
City of Tigard, s angton ounty, Oregon, more par cularly
scribed as followa:
BEGINNING at a point located Borth 631.97 feet and Last
818.48 feet from the one-quarter corner of the South line of
Section 10, Township 2 South, Range 1 west, Willamette
Meridian, City of Tigard, Washington County. Oregon, which
point is the Northeast corner of that certain tract convey
to Tualatin Development Co., Inc. by Deed recorded in book
849, Page 19, Deed Records; thence South 50'38135' Last,
86.36 feet to the Northwesterly right-of-way of the are of
Southwest S rfield Drive; thence along the are of a
610.00 foot radius curve left having a central angle of
08°13126', the chord of which bears South 35°14146' West and
is 57.45 feet in length /the are distance of 87.53 feet
being to the right of the chord); thence South 31.08'08®
west a distance of 327.86 feet; thence along the are of a
165.54 foot radius curve right through a central angle of
92.12119', the chord of which bears South 77. 14' 280 West,
and is 267.39 feet in length {the are distance of 298.59
feet being to the left of the Chord); thence leaving said
right-of-way, North 33120127' East a distance of 16.76 feet;
thence North 447.96 feet to the North line as scribed in
Deed book 849, Page 19, Washington County ad cords;
thence along the worth line as described in Deed book 849,
Page 19. North 89°40'44° Bast a distance of 403.10 foot to
the point of beginning.
PARCEL II:
.A portion of Lots 16 and 17, W ROOK, PARK. in the City
of Tigard, Washington County, Oregon, more rticu ly
described as follows:
BEGINNING at a point located on the Borth line of that tract
conveyed to Tualatin Development Co., Inc. is Deed back 649,
Page 19, Deed Records being the Northwest corner of that
tract recorded as Fee no. 79-26645 on July 9, 1979, Deed
,pecords; thence South 447.96 feet; thence South 33120'27®
seat. 18.76 feet to the Northerly line of S.W. S rfield
Drive as recorded in Deed book 954, Pages 340 through 344as
dedicated to the City of Tigard; thence North 56039135'
west, 52.00 feet; thence along the are of a 130.0D foot
radius curve having a central angle of 06'4®'55°, the chord
of which bears North 60000103' west, 15.15 feet tthe arc
distance of 15.61 feet being to the right of the chord) to
the Southeast corner of that tract conveyed to Sn y
consumer Corporation in • Fee No. 79-26990: tnonee a1 e r
Easterly boundary of said fee No. 79-26990. North "~(®o jtt` 32.
West, radially 39.47 feed thence North 69'46'57°.`_`
52.00 fret; thence North 21913'03' avast, 104.00 feet;
Worth 68°46.57' West, 84.67 feet; thence Worth e 00 ° 1R~ 64®00
West, 80.00 feet; thence South 89. 40'44' West, 95.0D t;
thence North DD°19'16' West, 165.00 feet to the st
corner as described in Fee ft. 79-26990; thence 3horth
89'40144' Last, 235.30 feet to the point of beginning.
FOR LEGIBLE COPY OF THIS LEGAL DESCRIPTION SEE DOCUMENT NUMBER 85020589.
STATE OF OREGON
County of Washington ss
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county,, do hereby certify that
the within instrument ofwriting was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
32
1986 SEP 30 Ply 1: