Loading...
99-030483 MICHAEL G. MAGNUS, Rk- Park Plaza West - Suite 460 10700 SW Beaverton-Hillsdale Hwy. Beaverton, Oregon 97005 TELEPHONE (503) 641-7468 FACSIMILE (503) 646.9846 E-MAIL mgm@ucinet.com Michael G. Magnus (Oregon and California Bars) January 14, 1999 Mr. M.J. Roberts City of Tigard 13125 S`N' Hall Boulevard Tigard, OR 97223 Re: Tigard Marketplace Dear Mark: On January 4, 1999, I sent to you the documents that you requested. I asked that you advise when those documents were recorded. To date, I have not heard from you about whether the ordinance and easement were recorded. Please advise if they have been recorded and the date and recording numbers for those documents. Thank you for your continued cooperation. ry ly yours, L GNUS, P.C. e1 G. Ma N M:dt cc: Mr. Randal Potterf Mr. Cap Berri 504\000\roberts.31t(dt) IVHCHAEL G. NLAGNUS, P.~.. Park Plaza West - Suite 460 10700 SW Beaverton-Hillsdale Hwy. RECEIVED PLANNfNC Beaverton, Oregon 97005 TELEPHONE JAN 0 5 1999 (503) 641.7468 FACSIMILE CRYQFTIGApL! (503) 646.9846 E-MAIL mgm®ucinet.com Michael G. Magnus (Oregon and California Bars) January 4, 1999 Mr. M.J. Roberts City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Tigard Marketplace Place Dear M.J.: Pursuant to our telephone conversation today, enclosed please find Page One of the Easement and a new legal description. I understand that you will substitute page one of the easement with the one enclosed and replace the legal on the easement with the enclosed legal description. Finally, you will advise me when the easement and ordinance have been recorded. If you have any questions or comments about the enclosed, please call me. Thank you for your professional courtesies in resolving this matter. ery truly yours, MAGNUS, P.C. r t'r Michael G. Ma !p MGM:dt Enclosure cc: Mr. Randy Potterf (w/o encl.) Mr. Cap Berri (w/encl.) 504\000\roberts.21tr(dt) MICHAEL G. MAGNUS, P.t-.. Park Plaza West - Suite 460 10700 SW Beaverton-Hillsdale Hwy. Beaverton, Oregon 97005 RECEIVED PLANNING TELEPHONE (503) 641-7468 DEC 2 3 1998 FACSIMILE (503) 646.9846 CITY OF i1GARD E-MAIL mgm@ucinet.com Michael G. Magnus (Oregon and California Bars) December 21, 1998 Mr. M.J. Roberts V" City of Tigard / Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Tigard Marketplace Place Dear M.J.: Please find enclosed the Permanent Easement which has been executed by my client, 13500 Pacific Corp., the owners of the Tigard Marketplace. Please obtain the signature of the City Engineer. Please send me a fully executed copy for my records. I understand that you will record it, together with the ordinance, in the Official Records of Washington County. I would appreciate it if you would provide me with the recording information once the two documents are recorded. If you have any questions or comments about the enclosed, please call me. Thank you for your professional courtesies in resolving this matter and have a nice holiday. y ours, . MAGNUS, P.C. lchael . M e MGM:dt - Enclosure cc: Mr Randy Potterf (w/o encl:) - Mr. Cap Berri (w/encl.) _ 504\000\roberts.21tr(dt) IUt~c~/Fi IT cS Vito- I+AD vC0.1(-W Q%4. A cow+of-ru i 0e 0KA-r,6 'rµi S _ I IMT. STATE OREGON r : ~ SS County Washington I, Jerry &n&=E,)6:, ire r of Assess- ` ment and o County RETURN RECORDED DOCUMENT Clerk for i "ty do rrtify that the wit i rCofg mks ,received TO: and record dacr r b66k' of recd Js of said county. City Hall Records Department City of Tigard 13125 SW Hall Blvd. ~•a ~ - °°a irector of Tigard, OR 97223ss"r"~1' axation, Ex- lerk CORPORATION Doc 99030483 Rect: 227651 26.00 03/1.2/1999 10:32:24am File No. EASEMENT Permanent Public and Private Utility 135,00 Pacific Corp., a corporation, hereinafter called the Grantor, grants and conveys perpetual easements (described below) unto the City of Tigard ("City") and to those private utilities ("Utilities") which have facilities that are currently existing and in use in the real property described below (the "Property"). The perpetual easements shall be used for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public and private utilities and appurtenances, together with the right to remove as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A," situated in the City of Tigard, 'Washington County, State of Oregon (the "Property"). The City and the utilities are collectively referred to in this easement as Grantees. Grantor. also agrees that it shall, in the future, rededicate'to the public -any part of the Property that may be deemed necessary for the widening of SW Pacific Highway (99W). THE TRUE CONSIDERATION for this conveyance is vacation of a city street under Ordinance .97-07, dated August 12, 1997. IT IS EXPRESSLY UNDERSTOOD that these easements do not convey any right, title, or interest except those expressly stated in this instrument, nor otherwise prevent Grantor 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 easements. IN CONSIDERATION of the premises, Grantees agree that if said Grantees, their respective successors or assigns, should cause their respective easements to be vacated, the right of the Grantees, or either of them, in the above-described easements will be forfeited and shall f,4 r immediately revert to the Grantor, its successors, and assigns, in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantees, their respective successors and assigns, forever. IN WITNESS WHEREOF, the Grantor sets its hand on this (Ay of 1998. 13500 Pacific Corp. , 13500 Pacific Corp. c/o Elliott Associates, Inc. By: 50 SW Pine Street No. 200 Its: ~rCc-Z Portland, Oregon' 97204 STATE OF M 1 (?14 &4V ) ) ss. County of. L V AV , J ) 's instrument was ac owled ed before me on OeOe(A 1998 by odn) fn(1 as es, No of 13500 Pacific Corp. VIN Notary Pub 'c for U)A-~)j CZ Oo u r My Commission Expires: D/ w ti. Accepted on behalf of the City of Tigard this Zq day of Javw4Y 193q. a p City g=neer NO CHANGE IN TAX STATEMENT easementtig S- L 97 r : I PACTu IC RED, cRLo RROFUSIONAL $405 S W. Nimbus Avcnuc LAND SURVEYOR Hca--crtan, OR y71111l1-71.(1 EXHIBIT "A" OPEGO: JULY 30, 1976 99W, TIGARD - LEGAL DESCRIPTION GRAN 0.~'.81B~TT MAY 5, 1997 FILE: 4-14.22-0501 RENEWAL; /L -a'/-97 A parcel of land lying in the George Richardson D.L.C. No. 38, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being a portion of Taylors Bridge Road (County Road No. 477) lying southeasterly of a line 48 feet southeasterly and parallel from the following described center line. of the relocated Pacific Highway West: Beginning at Engineer's center line Station 116+98.50, said station being North 00°13'41" West 2,34;0.83 feet and North 89°46'19" East 1,055.97 feet from the southwest corner of Section 2, Township 2 South, Range 1 West, Willamette Meridian; thence 251.30 feet along the arc of a 2,865 foot radius curve to the left through a central angle of 5°01'32" (the long chord bears South 38°22'35""West 251.22 feet) to a point of compound curvature at Engineer's Station 119+49.8; thence 206.40 feet along the arc of a 5,521.8.0 foot radius curve to the left through a central angle of 2°08'30" (the long chord bears South 34°47'34" West 206.39 feet) to a point of tangency at Engineer's Station 121+56.20; thence South 33°43'19" West 1,243.80 feet to Engineer's Station 134+00. The herein described parcels' Point of Beginning is 48 feet southeasterly and opposite center line Station 121+56.20 P.T.; thence South 33°43'19" West, parallel to said center line, 202.79 feet to the most northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02'00" East, along the northeasterly line.of said Tigard East Associates tract 36.55 feet; thence, departing from said northeasterly line 8.11 feet along the arc of a 14.02 foot radius curve to the left through a central angle of 33°08'03" (the long chord bears North 45°52'52" East 8.00 feet); thence North 33°25'28" East 200.81 thence 5'.87_ feet along the arc of a 24.20 foot radius curve to the left through 'a central angle of 127°32'05" (the long chord bears North 24°40'24" West 43.42 feet) to a point 48 feet left of the center line of said relocated Pacific Highway West; thence, parallel to said center line, 25.24 feet along the arc of a 5,473.80 foot radius curve to the left through a central angle of 0°15'51" (the long chord bears South 33°51'15" West 25.24 feet) to the Point of Beginning. Contains 8,617 square feet (0.20 acres) more or less. File:i:\project\14220501\wpdata\dic38.leg EXHIBIT PAGE OF = (503) 626-0455 Fax (303) 526-0775 Planning- Engineering - Surveying* Landscape Architecture - Environmental Services t r. . O ~ C~ awry g~ - r ~ V• V ~w ••ww w` ty! www JT \ • ke - 4S' VAA 441 o R