99-010777 Albertson's Donation of Park
RD E Cq
APR 9 1999
April 7, 1999
O'Donnell,Ramis, Crew, Corrigan & Bachrach, LLP
Attention: Dominic G. Colletta, Esq.
1727 N.W. Hoyt St.
Portland, OR 97209
RE: Albertson's #576- Barrows & Walnut
Tigard, OR
Bargain & Sale Deed
Dear Mr. Colletta:
Albertson's previously sent you a fully-executed Bargain and Sale Deed for the property next to our
shopping center which is to be developed as a park. Our records do not indicate that we have received a
copy of the countersigned and recorded Bargain and Sale Deed, as we requested in our letter to you of
January 25, 1999. Please provide us a copy of the recorded document at your earliest convenience. As
always, if you have questions, feel free to give me a call at 208/395-6556. Thanks for your assistance.
Sincerely,
ALBERTSON'S, INC.
Sandra L. Berenter
Senior Attorney
Enclosure
s1b/576sramisb&d2
cc: Lee Mumford
Ken Elliott
Brian Rager, City of Tigard
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RAMIS
CREW
CORRIGAN &
BACHRACH LLP
April 2, 1999
ATTORNEYS AT LAW
APR -5 1999
1727 N.W. Hoyt Street
Portland, Oregon 97209
(503) 222.4402
Fax: (503) 243-2944
William A. Monahan
City Manager
City of Tigard
13125 SW Hall Boulevard
JEFF H. BACHRACH Tigard, OR 97223
MARK L. BUSCH
D. DANIEL CHANDLER++ RE: ALBERTSON'S PROPERTY DONATION
CHARLES E. CORRIGAN*
STEPHEN F. CREW Dear Bill:
MARTIN C. DOLAN
GARY FIRESTONE' This letter is a follow-up to my January 26, 1999 letter to you regarding the
WILLIAM E. GAAR'
DAVID M GAAR above transaction, a copy of which is enclosed for easy reference. Please
H. GRIGGS
G. FRANK HAMMOND* let me know whether the Bargain and Sale Deed has been recorded, and if
MALCOLM JOHNSON' so, please send the recording information for my file.
T. CHAD PLASTER'
TIMOTHY V. RAMIS Thank you for your continuing courtesy.
WILLIAM J. STALNAKER
BARTON J. WACHSTETER Very tru yours,
JAMES M. COLEMAN
C
DOMINIC G. COLLETTA" ominlc G. Colletta
OF COUNSEL
DGC/slh
SOUTHWEST Enclosure
WASHINGTON OFFICE
First Independent Place C:\ORCC\DGC\TIGARD\Correspondence\Recorded Deed Ltr.wpd
1220 Main Street, Suite 451
Vancouver, Washington
98660-2964
(360) 699-7287
Fax: (360) 699-7221
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
++Also Admitted To Practice In Washington and Montana
t` ti-•aiw~l
O'DONNELL
RAMI S
CREW
CORRIGAN
BACHRACH, LLP January 26, 1999
ATTORNEYS AT LAW
1727 N. W. Hoyt Street HAND DELIVER
Portland, Oregon 97209
(503) 22214402
Fax: (503) 243-2944 William A. Monahan
City Manager
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
JEFF H. BACHRACH
MARK L. BUSCH RE: ALBERTSON'S PROPERTY DONATION
KELLY W.G. CLARK
D. DANIEL CHANDLER++
DOMINIC G. COLLETFA'• Dear Bill:
CHARLES E. CORRIGAN'
STEPHEN F. CREW In confirmation of our telephone conversation the morning of January 26,
MARTIN C. DOLAN 1999, I am enclosing with this letter the following items:
GARY FIRESTONE'
WILLIAM E. GAAR' 1. Copy of correspondence dated January 25, 1999 from Sandra L.
G. FRANK HAMMOND'
MALCOLM JOHNSON' Berenter, counsel for Albertson's, Inc. addressed to me; and
MARK P. O'DONNELL
T. CHAD PLASTER' 2. Duplicate originals of a Bargain and Sale Deed for conveyance of
TIMOTHY V. RAMIS the subject property.
WILLIAM J. STALNAKER
ANDREW H. STAMP I have reviewed the enclosed form of deed with Duane Roberts, who has in
BARTON J. WACHSTETER turn consulted with other members of your staff, and all appropriate studies,
including a preliminary title report and other investigations of the property
JAMES M. COLEMAN have been conducted. I believe the enclosed form of deed to be satisfactory
SPECIAL COUNSEL for conveyance of the property to the City, and the 99-year restriction on
use has been reviewed by Duane and your staff and has been determined to
be satisfactory.
SOUTHWEST
WASHINGTON OFFICE Please present this matter to the City Council in executive session this
First Independent Place evening, and obtain authorization for the appropriate City representative to
1220 Main Street, Suite 451 execute both documents before a notary public in the places indicated.
Vancouver, Washington
98660-2964 After execution and acknowledgment, Duane indicated that City staff will
handle the recording of one of the original instruments. The other, fully
(360) 699-7287
Fax: (360) 699-7221 signed original should be returned to my office for further handling.
i
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
++Also Admitted To Practice In Washington and Montana
r '
O'DONNELL
RAM I S
CREW
CORRIGAN &
BACHRACH, LLP
William A. Monahan
January 12, 1999
Page 2
Please don't hesitate to call if you have any questions.
Very t yours,
r
lnic G. Colletta
DGC/slh
Enclosure
cc: Duane Roberts (w/o encl. by facsimile)
C:\ORCC\DGC\TIGAP,D\CorrespondenccUonahan Ltr 12699.wpd
~.,.rE OF OREGON
SS
County of Washington
I, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within` instrument of writing was received
and recorded in book of records of said
county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Oftircio County Clerk
Doc 900107,77
Rect.: 224905 31.00
01/28/1999 12:06:48pm
RETURN RECORDED DOCUMENT TO: SEND ALL TAX STATEMENTS TO:
CITY RECORDS SECTION, City of Tigard, Oregon
CITY OF TIGARD Attention: City Administrator
13125 SW Hall Blvd. 13125 S.W. Hall Blvd.
Tigard, OR 97223 Tigard, OR 97223
0576sbsd.doc 576 - Barrows & Walnut
01/25/99 2:27 PM Tigard, OR
BARGAIN & SALE DEED - STATUTORY FORM
Albertson's, Inc., a Delaware corporation (hereinafter called "Grantor"), hereby conveys to The City of
Tigard, an Oregon municipal corporation (hereinafter called "Grantee"), the following described real property
(the "Property") except as specifically set forth herein:
See Schedule I, attached hereto and made a part hereof.
The true consideration for this conveyance is $-0- but consists of other good and valuable consideration
which is the whole consideration. This conveyance is a donation by Grantor to Grantee.
In exchange for Grantor's conveyance of the Property to Grantee, Grantee agrees that the following use
restriction (the "Restriction") shall apply to the Property:
For a period of 99 years following the date of recordation of this deed, the
Property shall be used only for purposes of a public park, including
amenities commonly associated with a public park, such as open space,
landscaping, public walkways, and playground equipment.
The Restriction set forth above shall constitute a covenant running with the land as an encumbrance
against the Property, for the benefit of the property owned by Grantor and specifically described on Schedule II.
In the event of a violation of the Restriction, fee simple ownership of the Property shall revert to Grantor (or to
Grantor's successors and assigns), as the owner of the Grantor's property described on Schedule II.
Dated as of the 25`h day of January, 1999.
THIS INSTRUMENT WILL NOT ALLOW USE
OF THE PROPERTY DESCRIBED IN THIS GRANTOR:
INSTRUMENT IN VIOLATION OF ALBERTSON'S, INC.,
APPLICABLE LAND USE LAWS AND a Delaware corporation
REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE By: J
APPROPRIATE CITY OR COUNTY X03 William H. Arnold
PLANNING DEPARTMENT TO VERIFY Vice President, Real Estate Law
APPROVED USES AND TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING
OR FOREST PRACTICES AS DEFINED IN
ORS 30.903.
AGREED AND ACCEPTED as of the 25`h date of January, 1999.
CITY OF TIGARD, OREGON
an Oregon municipal corporation
By:
e:
Title:
By:
eVtI : m ES
STATE OF IDAHO )
ss.
County of Ada )
On this 454 day of January, 1999, before me, the undersigned, a Notary Public in and for said State,
personally appeared William H. Arnold, to me known to be the Vice President, Real Estate Law, of
Albertson's, Inc., the corporation that executed the foregoing instrument, and acknowledged to me that the said
instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the said instrument.
WITNESS •Dl WAA~ j.~and official seal hereto affixed the day, month and year in this certificate first
above written. 1Jl• W 1-.4
pT AR p
* Notary Public in and for the S to of Idaho
* •
lC, Residing at Boise, Idaho
pUg1' Q My commission expires: O Z 0
• IP •
'••.~TE OF t~..•`•
STATE OF OREGO1-Pf
ss.
County of )
f'
On this _ day of 1999_, before me, the undersigned, a Notary
Public in and for said State, sonally appeared Lz arm}
to ire known to be the orr6
ly, of The City of Tigard, the m Aicipal corporation that executed
the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they
are authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first
above written.
My co iss on expires:
~qq
Notary Public in and for the
State of Oregon
Residing at /Q 577
r 1 1~'Cu ~-t.
✓ OFFICIAL SEAL ^
CATHERINE WHEATLEY
NOTARY PUBLIC-OREGON J
COMMISSION N0. 042176
MY COMMISSION EXPIRES MAY 10, IM VV ~~PP
Page 2 - STATUTORY BARGAIN & SALE DEED
3
SCIIEDULE I
Legal I)escr•iption of Property Being Conveyed:
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF
SECTION 4, TOWNSHIP 2 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION OF
TRACT "A", RUSSELL'S SCROLLS FERRY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED
OTAK INC. AT TIIE INITIAL POINTOF TI-IL'• SUBDIVISION PLAT OF RUSSELL'S
SCHOLLS FERRY AS RECORDED IN BOOK 115 PAGE 17 OF THE WASHINGTON
COUNTY SUBDIVISION RECORDS, ALSO BEING ON THE EAST OF TRACT "A"
RUSSELL'S SCROLLS FERRY; THENCE ALONG THE BOUNDARY OF SAID
TRACT "A" THE FOLLOWING 5 COURSES; THENCE S 02'13'54" W A
DISTANCE OF 265.42 FEET; THENCE N 88° 58' 14" W A DISTANCE OF 125.04
FEET; THENCE N 02° 13' 38" E A DISTANCE OF 561.52 FEET TO THE SOUTH
RIGHT OF WAY OF SW SCI IOLLS FERRY ROAD (CO. RD. 812) 37.00 FEET
FROM CENTER LINE (WHEN MEASURED AT RIGHT ANGLES); THENCE N 34°
20'56" E, PARALLEL WITH AND 37.00 FEET FROM SAID CEN'T'ERLINE A
DISTANCE OF 104.42 FEET; THENCE S 30'46'36" E, LEAVING SAID RIGHT OF.
WAY, A DIS'T'ANCE OF 95.04 FEE'T' TO A 5/8 " IRON ROD WITH A YELLOW
PLASTIC CAP INSCRIBED W&IJ PACIFIC; THENCE S 30°46'36" E, LEAVING
THE BOUNDARY OF SAID TRACT "A", A DISTANCE OF 17.28 FEET; THENCE
S 49° 45' 29" E A DISTANCE OF 104.92 FEET; TIIENCE- S 34° 47' 36" E A
DISTANCE OF 34.93 FEET; THENCE S 52° 08' 59" E A DISTANCE OF 70.80 FEET;
'T'HENCE S 77° 43' 47" E A DISTANCE OF 83.08 FEET; THENCE N 71°53' 44" 13 A
DISTANCE OF 129.19 FEET; N 81 ° 33'44" E A DISTANCE OF 153.40 FEET TO
THE EAST BOUNDARY OF RUSSELL'S SCROLLS FERRY BEING A POINT ON A
NON-"TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE
LEFT WITII A RADIUS OF 400.00 FEET, A DELTA OF 04°07'41 (A CHORD
WHICH BEARS S i0° 40'40" E, 28.81 FEET) AND A LENGI.11 OF 28.82 FEET TO A
POINT OF TANGENCY; THENCE ALONG EASTERLY AND SOUTHERLY
BOUNDARY OF SAID RUSSELL'S SCROLLS FERRY THE, FOLLOWING 8
COURSES; THENCE S 12° 44' 30" E A DISTANCE OF 76.37 FEET; THENCE S 68°
45'54" W A DISTANCE OF 101.11 FEET; THENCE S 19° 47'44" E A DISTANCE
OF 60.02 FELT; TIIENCE S 68'45'54" W A DISTANCE OF 41.49 FEET; THENCE
N 88° 58' 14" W 1 10.00 FEET; THENCE N 56" 57' 51" W A DISTANCE OF 142.29;
THENCE N 88° 58' 10" W A DISTANCE OF 105.00 FEET; THENCE S 54° 46' 17" W
A DISTANCE OF 1 10.00 FEET TO TIIE POINTOF BEGINNING.
CONTAINING 152425 SQUARE FEET.
• o.k.
112519°>
SCHEDULE II
Legal Description of Grantor's Property
Benefiting from the Restriction:
LOT 2 OF RUSSELL'S SCHOLLS FERRY, in
the City of Tigard, County of Washington, State
of Oregon, Plat Book #115, page 17,
Document #97121956;
as amended by Lot Line Adjustment
[MIS] 98-0023 approved December 21, 1998,
filed December 22, 1998, City of Tigard,
County of Washington, State of Oregon.
II
5
10/28/2002 10:21 5033060290 RAMIS CREW! PAGE 02
RAMI$
CREW FACSIMILE TRANSMISSION COVER SHEET
CORR13AN &
BACHRACH LI,P THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED
ATTORNEYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU
1727 N.W. Hoyt Street ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
Portland, Oregon 97209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND
(503) 2224402 RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
Fax: (503) 243-2944 SERVICE. THANK YOU.
DATE: April 30, 2001 CLIENT NO,: 90024-13
TO: Dee Ann, Wise
FAX NO. (503) 684-7297 TELEPHONE NUMBER.:
FROM: Lori Stalker
DESCRIPTION OF DOCUMENT TRANSMITTED: Certified Bargain & Sale Deed
CONEVIENTS: I apologize DeeAnn, I hadn't sent this to you yet as I just received it today. Here it is. The original
is being sailed also today. -
5 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET_
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 222-4402
MvfEDIATELY. THANK YOU.
SIGNED: Lori Stalker
[XX ] AN ORIGINAL IS BEING MAULED [ ] AN ORIGINAL IS AV_41LABLE UPON REQUEST
10/28/2002 10:21 5033060290 RAMIS CREW PAGE 03
' STATE Of OREGON
C Unty et Vlfahbigwn
1, Jerry of ANaee.
C erk to n County
the that
and re saki
county. y}
~v' cz
or of
rk n, Ex.
Doc 99010777
ReCt: 224905 31.00
01/28/1999 12:06:48pM
f
10/28/2002 10:21 5033060290 RAMIS CREW PAGE 04
RETURN RECORDED DOCUMENT T : SEND AIL TAX STATBMENn TO,
CTIY RECORl?9 SE=ON, City of Tig" Oregon
CITY OF TIQARD Agog= C1ty Adminiatrsaor
13125 SV/ Hall Blvd. 13125 S.W. Hail Blvd.
Tigard, OR 97223 rgWd, OR 97223
0376sbsdAm 576 • barrows & WAnut
01125/99 2:27 PM Tigard. OR
s air a: s , n~*~ - aT'AT []TO~`► FO$1K
Alberwm% hw. a Dcbwana Corporation (haeir titer called "GmWee % hereby conveys to The CJLF of
T*wd, an Oregon municipal corporation (bed called "GrausW'), the follow* described teal pneperty
(dw "Prop"") except as specdcally get fa* heroin:
See SchedWe I, attached hereto and mode a part hereof.
The true conskleration for this conveyance is but consists of other good and valuable consideration
which is the whole consideration. This eomyance is a donation by Grantor to Grantee.
In exchange for Grantor's conveyance of the Property to Graraw, Grantee agmas that the following use
restriction (the "Restrtefim") shall apply to the Property:
For a period of 99 years following rho dace of recordation of this deed, the
Property shall be used only for purposes of a public park„ including
artrcQ mes commonly associated with a public part, such as open space.
landscaping, public walkways. and playground egaipamt.
The Restriction set forth above shall coostitata a covenant nmaang with the land as an encuaftince
against the PropcM, for the benefit of the property owned by Grantor and specifically described on Schedule EL
In the event of a violation of the Restriction, fee shgple ownership of the Property dull revert to Graettor (or to
Grantor's successors and assigns), as cite owner of the Grantor's pmTarty described on Schedule U.
Dated as of the 25'" day of January, 1999.
THE MMUMIENT WILL NOT ALLOW USE
OF THE PROPERTY DESCRIBED IN THIS GRANTORz
INSTRUMENT IN VIOLATION OF ALBERTSON'S, INC.,
APPLICABY.E LAND USE LAWS AND a Delawsm corporation
REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRtMIENT, TIM
FMON ACQUIRING FEE TITLE, TO THE,
PROPERTY SHOULD CHECK WITH THE By'
APPROPRIATE CM OR COUNTY ~&A William H. Arnold
PLANNING DEPARTMle2,FI' TO VERIFY Vice President, Real Estate Law
APPROVED USES AND TO DETlbR14 ENK ANY
LIMITS ON LAWSUITS AGAINST FARMING
OR VORES'T PRACTICES AS DEFINED IN
ORS 30.903.
AGREED ABED ACCEPTED as of the 25° date of January, 1999.
CITY OF TIGARD, OREGON
ao Oregon munictpat corpora
By: 11 -
rtie:
f By:
tla:
10/28/2002 10:21 5033060290 RAMIS CREW PAGE 05
4
SPATE OF IDAHO )
) era.
Caunty of Ada )
On this ,Srday of January, 1999, before me. the undersigned, a Notary Public in and for said state,
personally appeared William *L Arnold, to me known to be the Vice Premident, Red 1R.state Law, of
A16erttfwwt'a, Inc., the corporation that executed the foregoing instrument, and acknowledged to me that the said
instrument It the fire and voluntary act and deed of said corporation, for the uses sod purposes therein
rnentiotted, and on oath stated that he is authorized to execute the said inu ment.
WITNESS el mad official meal hereto affixed the day, month and year in this certificate f rat
111W NQ'%
above written. ~ 0jjj'61C
J~t Notary Public in and for Idabo
Realding at i3olao, Idaho
My commission expires:
*1~ STATE OF ORfiGr "t"10 )
) ss
County of )
On this day of Ja 1AWL i9~._ , before tee, the undersigned. a Noucy
Public in and for acid State, odsonally rid M
tmd
, to me knoam to be the amel•
~ smapmatimcly, of Tice City of Tigard, the aricipal corporation that executed
the foregoing instrument, and acknowledged to no that the said instrument is the free And voluntary act mod
deed of said municipal corporation. for the uses and purposm therein motioned, and on oath stated that they
am authorized to execute the said inumment.
WTIWM MY HAND and official seal hereto affixed the day. month clad year in this mWANft fiust
above w~~ritnntm.on
My ~s_L►~s IL[ e~cplres.
Notary Public in and for the
State of Ong
Residing at r t1f.
OFFICAL SEAL
!CA7HEiaWYVWkEATLtY
NOTARY air OAMCM
cou~ussAa+NO. wT,~a
UVOOMMISSIONEXPIFESMAY 10. 1949 ID 1
Pagc 2. STATUTORY BARGAIN & SALE DEED
10/28!2002 10:21 5033060290 RAMIS CREW PAGE 06
SCREDULE I
Legai V"crlptlon Of Property Ddng Cunrsyed:
A TRACT OF LAND SITUATED IN THE NORTHWEST ONE QUARTER OF
SECTION 4, TOWNSHIP 2 SOUTH, RANGE I WEST. WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION OF
TKACT'.'A", RUSSELL'S SCHOLLS FERRY. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED
OTAK INC. AT THE INITIAL POINT OF THE SUBDIVISION PLAT OF RUSSELL'S
SCHOLLS FI?RRY AS RECORDED IN BOOK 115 PAGE 17 OF THE WASHINGTON
COUNTY SUBDIVISION RECORDS, ALSO BEING ON THE EAST OF TRACT "A"
RUSSELL'S SCROLLS FERRY; THENCE ALONG TILL BOUNDARY OF SAID
TRACT "A" THE FOLLOWING 5 COURSES; THENCE 5 02°13' 54" W A
DISTANCE OF 265.42 FEET; THENCE N 88° 58' 14" W A DISTANCE OF 125.04
FEET; THENCE N 02° 13' 38" EA DISTANCE OF 561.52 FEET TO THE SOUTH
RIGHT OF WAY OF SW SCROLLS FERRY ROAD (CO. RD. 812) 37.00 FEET
FROM CENTER LINE (WHEN MEASURED AT RIGHT ANGLES); THENCE N 349
20156" E, PARALLEL WITH AND 37.00 FEET FROM SAID CENI'ERLLNE A
DISTANCE OF 144.42 FEET; THENCE S 30° 46' 36" E, LEAVING SAID RIGHT OF.
WAY, A DISTANCE OF 95.04 FEET TO A 5/8 " IRON ROD WTTH A YM. LOW
PLASTIC CAP INSCRIBED W&H PACIFIC; THENCE S 30° 46'3W E, LEAVING
THE BOUNDARY OF SAID TRACT "A", A DISTANCE OF 17.28 FEET; THENCE
S 49° 45'29" E A DIS' ANCE OF 104.92 FEET; THENCE S 340 47' 34W' S A
DISTANCE OF 34.93 FEET; THENCE S 529 08' 59" E A DISTANCES OF 70.80 FEET;
THENCE S 77° 43' 47' H A DISTANCE OF 83.08 FEET; THENCE N 7 V 53144" F. A
DISTANCH OF 129.19 HET; N 81 ° 33' 44" E A DISTANCE OF 153.40 FEET TO
THE EAST BOUNDARY OF RUSSELL'S SCROLLS FERRY BEING A POINT ON A
NON-TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE
LEFT WITH A RADIUS OF 400.00 FEET, A DELTA OF 04°07'41 (A CHORD
WHICH BEARS S i(r 40' 40" E, 28.81 FEET) AND A LENGTH OF 28.82 FEET TO A
POINT OF TANGENCY; THENCE ALONG EASTERLY AND SOU'IlWltLY
BOUNDARY OF SAID RUSSELL'S SCROLLS FERRY THE FOLLOWING 8
COURSES; THENCE S 12° 44'30" E A 151STANCE OF 76.37 FEET; THENCE S 68°
45'54'* W A DISTANCE OF 101.1 1 FEET; THENCE S 19'47'4,C E A DISTANCE
OF 60.02 FEET; THENCE S 68° 45' 54" W A DISTANCE OF 41.49 FEET; THENCE
N 88° 58' 14 W 110.00 FEET; THENCE N 56° 57.51" W A DISTANCE OF 142.29;
THENCE N 88° 58' 10" W A DISTANCE OF 105.00 FEET; THENCE- S 54° 46' 17" W
A DISTANCE OF 110.00 FEET TO THE POINT OF HEOWNING.
CONTAINING 152425 SQUARE FEET.
10/28/2002 10:21 5033060290 RAMIS CREW PAGE 07
7>
SCHEDULE a
L4qW Deseriptlon of Grantor's property
i9enatltlai f►otn the Re triction:
LOT.. 2 OF RUSSBLLS SCHOLI.S FERRY, in
the City of Tigard. Canty of Washington. State
of anogon, Plat Book #115. gage 17,
DOCUment #97121956;
as amended by Lot Lino toan
[MIS] 98-a4z3 ent
approved DCCetnber Zl, 1998,.
riled Dkcentber 22, 1998. City of Titud.
County of Washington, State of Oregon.
R-Tqx 1, Jury IL Hanson Director of Assessment and
t` Taxation and Ex-Officio County Clerk for
Washington County, do hereby certify Chia to be a
true and cart ct copy of thc' original,
+ Date: 13, 20O l/
By:
Title: `f~
O'DONNELL
RAMIS
CREW
CORRIGAN &
BACHRACH, LLP January 22, 1999
ATTORNEYS AT LAW
BY FACSIMILE AND
1727 N.W. Hoyt Street FIRST CLASS MAIL
Portland, Oregon 97209
(503) 2224402
Fax: (503) 243-2944 Mr. Duane Roberts
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: ALBERTSON'S PROPERTY
JEFF H. BACHRACH
MARK L. BUSCH Dear Duane:
KELLY W.G. CLARK
D. DANIEL CHANDLER++ On January 21, 1999 I received from counsel for Albertson's the enclosed letter
DOMINIC G. COLLETTA" and form of bargain and sale deed.
CHARLES E. CORRIGAN'
STEPHEN F. CREW Please note that a bargain and sale deed is sufficient to convey title to real
MARTIN C. DOLAN property in the State of Oregon, but does not contain the same warranties of title
GARY FIRESTONE' that are in the form of deed I originally prepared. Nonetheless, the document is
WILLIAM E. GAAR' probably acceptable from a pure title standpoint.
G. FRANK HAMMOND*
MALCOLM JOHNSON' However, the deed also contains a 99-year restriction on uses of the property.
MARK P. O'DONNELL The proposed restriction would prevent the property from being used for any
T. CHAD PLASTER' purpose other than a public park, specifically prohibiting use for retail purposes
TIMOTHY V. RAMIS without prior written consent of Albertson's.
WILLIAM J. STALNAKER
ANDREW H. STAMP Given the City's intended use, the restriction may be acceptable. Please review
BARTON J. WACHSTETER this matter with other appropriate City staff members, and advise me as to
whether the City would be willing to accept the proposed deed in this form.
JAMES M. COLEMAN I will be out of the office in Los Angeles on Friday, January 22, but wiil be in
SPECIAL COUNSEL the office on January 25 so that we can discuss the matter.
Very truly yours,
SOUTHWEST
WASHINGTON OFFICE
First Independent Place Dominic G. Colletta
1220 Main Street, Suite 451
Vancouver, Washington DGC/slh
98660-2964 Enclosure
(360) 699-7287 cc: Jim Coleman
Fax: (360) 699-7221
C:\ORCC\DGC\TIGARD\Cotrespondence\Roberts Ltr 12299.wpd
*Also t t s t t in California
++Also Admitted To Practice In Washington and Montana
.i
December 16, 1998 CITY OF TIGARD
OREGON
Sharon R. Beisley,
Legal Secretary to Tim Ramis
O'Donnell, Ramis, Crew, Corrigan, & Bachrach
1727 NW Hoyt Street
Portland, OR 97209
Re: Albertsons Land Donation; Waiver of Conflict
Dear Sharon:
I signed and initialed the Waiver of Conflict letters which you sent to me on December 11,
1998. Thank you for completing this process so that we may have proper documentation
within our files.
Enclosed is one copy of the signed letter for you to forward to Albertsons. The other copy has
been retained in the City's Records Department.
Thank you for your assistance.
Sincerely, r
William A. Monahan
City Manager
WAM\jh
enclosure
\\TIG333\USR\DEPTS WDM\BI LL\121698-1.DOC
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
O'DONNELL
RAM I S
CREW
CORRIGAN & December 11, 1998
BACHRACH, LLP
ATTORNEYS AT LAW
1727 N.W. Hoyt Street
Portland, Oregon 97209
(503) 2224402
Fax: (503) 243-2944 William A. Monahan
City Administrator
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
JEFF H. BACHRACH
MARK L. BUSCH Re: Albertson Land Donation; Waiver of Conflict
KELLY W.G. CLARK
D. DANIEL CHANDLER++
DOMINIC G. COLLETTA" Dear Bill:
CHARLES E. CORRIGAN*
STEPHEN F. CREW Enclosed is the waiver of conflict letter signed by Albertsons. It is my
MARTIN C. DOLAN understanding the property donation is now complete, but I thought the
VARY FIRESTONE' City would want this for its files. As you will see from the letter, Albertsons
WILLIAM E. GAAR' has added language that would prohibit this firm from representing either
6. FRANK HAMMOND'
MALCOLM JOHNSON' the City or Albertsons in the event of litigation arising from this matter. If
MARK P. ODONNELL acceptable, please sign and initial where indicated. You should then retain
7-. CHAD PLASTER' one for your records and return the others to me. I will forward one on to
TIMOTHY V. RAMIS Albertsons for its records as well.
WILLIAM J. STALNAKER
ANDREW H. STAMP Thanks for your patience is getting this to you. Let me know if you have
BARTON I. WACHSTETER
any questions or concerns.
JAMES M. COLEMAN Very truly yours,
SPECIAL COUNSEL
SOUTHWEST Sharon R. Beisley,
WASHINGTON OFFICE Legal Secretary to Tim Ramis
First Independent Place
1220 Main Street, Suite 451 /Srb
Vancouver, Washington Enclosure
98660-2964 tvr/tigard/realproperty/monahan.It 1
(360) 699-7287
Fax: (360) 699-7221
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
++Also Admitted To Practice In Washington and Montana
RECEIVED
DEC 0 1 1998
AlbBftsOnS'~' O'DONNELL RAMIS CREW
CORRIGAN & BACHRACH, LLP
c(DMDW
Via 2-Day Mail
November 30, 1998
Timothy V. Ramis, LLP
O'Donnell Ramis Crew Corrigan & Bachrach
1727 N.W. Hoyt St.
Portland, OR 97209
RE: Albertson's #576- Barrow & Walnut
Tigard, OR
Conflict Letter
Dear Mr. Ramis:
Enclosed are three copies of the conflict letter you sent, now signed by Albertson's. Please note that we
require a change on page 2. Please review the insertion and, if it is acceptable, initial it on all three
copies. Then have the City initial the change and countersign all three letters. Please return the copy
which bears three original signatures to Albertson's. If you prefer to have three copies with original
signatures, feel free to run it again with the change and forward new originals to my attention. If you
have questions or wish to discuss this matter, jive me a call at 208/395-6556. Thanks for your
assistance.
Sincerely,
ALBERTSON'S, INC.
Sandra L. Berenter
Attorney
Enclosures
slb/576ramis
cc: Don Duncombe (w/ copy of encl.)
Ken Elliott
ALBERTSON'S. INC GENERAL OFFICES / 250 PARKCENTER BLVD ' BOX 20/ BOISE IDAHO 83726 ! 208-395-6200
O'DONNELL
RAMIS
CREW
CORRIGAN & November-'), 1998
BACHRACH LLP
ATTORNEYS AT LAW
1727 N. W. Hoyt Street
Portland, Oregon 97209
(503) 222-4402
Fax: (503) 243-2944 Mr. William A. Monahan
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
JEFF H. BACHRACH Ms. Sandy Berenter
MARK L. BUSCH Albertson's, Inc.
KELLY W.G. CLARK c/o Legal Department
D. DANIEL CHANDLER++ 250 Parkcenter Boulevard
DOMINIC G. COLLETTA`*
CHARLES E. CORRIGAN* BOX 20
STEPHEN F. CREW Boise, ID 83726
MARTIN C. DOLAN
GARY FIRESTONE* Re: Tract A Russell Scholls Ferry Subdivision (Approximately 3.95
WILLIAM E. GAAR' Acres)
6. FRANK HAMMOND`
MALCOLM JOHNSON'
MARK P. O'DONNELL Dear Mr. Monahan and Ms. Berenter:
T. CHAD PLASTER'
TIMOTHY V. RAMIS Our firm has been requested by the City of Tigard, a long time client, to
WILLIAM J. STALNAKER assist it with the possible donation of the above-referenced real property by
ANDREW H. STAMP Albertson's, Inc. Our firm has also performed work for Albertson's in the
BARTON J. WACHS TETER past and currently has an open file for Albertson's on a matter unrelated to
Tigard.
JAMES M. COLEMAN
SPECIAL COUNSEL As both parties are aware, the matter in which our two clients are adverse
parties represents a potential donation of a specific parcel of land. It would
not appear that our representation of the City of Tigard in this matter would
create an actual conflict, as the interests of the parties appear to presently
SOUTHWEST coincide.
WASHINGTON OFFICE
First Independent Place
1220 Main Street, Suite 451 In an initial telephone conversation between Mr. Duncombe and Dominic
Vancouver, Washington Colletta of this office, Mr. Duncombe indicated that Albertson's would be
98660-2964 willing to waive any conflict of interest which may exist. We would also
require a waiver of conflict by the City of Tigard in order to undertake
(360) 699-7287 representation in this matter.
Fax: (360) 699-7221
*Also Admitted To Practice In Washington **Also Admitted To Practice In California
++Also Admitted To Practice In Washington and Montana
O'DONNELL _
RAMIS
CREW
CORRIGAN &
BACHRACH, LLP
Mr. William A. Monahan
Ms. Sandy Berenter
November 3, 1998
Page 2
However, the possibility for a dispute does exist. For instance, the City of Tigard wishes to
undertake an appropriate due diligence investigation of the property prior to accepting it.
Albertson's has indicated a willingness to allow the City to enter onto the property prior to
accepting it. Albertson's has indicated a willingness to allow the City to enter onto the property
for the purpose to conducting tests and investigations, but has requested standard indemnity
protections in the event of harm or loss caused by the City's activities.
In addition to the foregoing, Albertson's has indicated a desire that the subject property be used
exclusively for park purposes, creating the possibility of a disagreement between the parties as to
whether potential uses by the City may be contrary to Albertson's intentions. Finally, in drafting
an agreement for the donation, there are a number of possibilities for potential disagreement
between the parties. At the present time, given the nature of the transaction as a donation, we do
not anticipate that such disagreements will arise'
In the event that both parties are willing to waive any conflict of interest which may exist, our firm
is prepared to go forward in assisting the City with the proposed transaction. In light of the
foregoing discussion, and after each party gives full consideration to the potential for conflicts of
interest, if you are willing to allow our firm to proceed, please sign the enclosed copy of this letter
where indicated below, and return that copy with an original signature to our office. If you have
any questions regarding the content of this letter or the proposed waiver, you may feel free to
contact the undersigned or Dominic Colletta of our office. Naturally, you should also feel free to
consult with independent counsel regarding the content of this letter and the proposed waiver.
Very truly yours,
1/ C
imothy V. Ramis
TVW/jlf(srb)
tvr/tigard/realproperty/waiver. It 1
However, in the event that the parties should commence or be involved
in litigation relating to this transaction, the law firm of O'Donnell
Ramis Crew Corrigan Bachrach, LLP, will not represent either Albertson's,
Inc. or the City of Tigard in such litigation or matters relating thereto.
~ O'DONNELL
RAMIS
CREW
CORRIGAN &
BACHRACH, LLP
Mr. William A. Monahan
Ms. Sandy Berenter
November 3, 1998
Page 3
Albertson's, Inc. hereby waives any conflict of interest with regard to the proposed donation by
Albertson's, Inc. to the City of Tigard of the real property described above, Qnd waiwag any and
-
and agrees that O'Donnell Ramis Crew Corrigan & Bachrach may
represent the City of Tigard in the proposed transaction.
41_e ,Fsc m':5 i TNC a- DeJauiara- C or po rc W $Y,.
Dated: ov ewer 4 r
By.
j Vice pm5%de4, Peod Estafr- Law
The City of Tigard hereby waives any conflict of interest with regard to the proposed donation by
Albertson's, Inc. to the City of Tigard of the real property described above, and waives any and
all conflict of interest and agrees that O'Donnell Ramis Crew Corrigan & Bachrach may represent
the City of Tigard in the proposed transaction.
Dated:
By:
William A. Monahan,
City Manager for the City of Tigard