2003-045224
.
AFTER RECORDING RETL TO: Washin 'ounty, Oregon 2003.045224
0312612 X9:30:01 AM
D-E Cnt=1 Stn=7 K GRUNEWALD
City Hall Records Department, $50.00 $6.00 $11.00 - Total = $67.00
City of Tigard
rJ~ 1 13125 SW Hall Blvd.
Tigard, Oregon 97223 00294222200300452240100101
I, Jerry Hanson, Director of Assessment and Taxation
and Ex-officio County Clerk for Washington County,
Oregon, do hereby teddy that the within Instrument of
writing was received and recorded In the book of
~r
records of sald county.
Jerry R. Hanson, Director bILA @assament and Taxation,
MODIFICATION Two OF PLAT EASEMENT Ex-Officlo County Clerk
TI-IIs MODIFICATION Two OF PLAT EASEMENT is executed by Elk Horn Ridge Estates, L.L.C., an
Oregon limited liability company (hereinafter Elk Horn) and the City of Tigard, Oregon, a municipal
corporation (hereinafter Tigard), on the date noted below.
Elk Horn caused the platting of a subdivision of land in Washington County, Oregon, known as Elk
Horn Ridge Estates. Elk Horn is the current owner of Lots 15, 37, 38 and 39, Elk Horn Ridge Estates, in
addition to other lots in the subdivision.
2 2 ¢
O O O
g Z Page 3 of the plat of Elk Horn Ridge Estates creates a Tree Conservation Easement which encumbers
Z E5 Lots 15, 37, 38 and 39, Elk Horn Ridge Estates, in addition to other lots in the subdivision. A Modification
V 7CLL
4 of Plat Easement affecting other lots in Elk Horn Ridge Estates was recorded on March 22, 2001, at Fee
Number 2001-023210. (The Tree Conservation Easement on page 3 of the plat, as amended by the
2 ° Modification of Plat Easement, is hereinafter referred to as the "easement").
4 I j ~
S s =
y The easement was created for the benefit of Tigard and is so noted on the plat and in the Declarations
of Conditions and Restrictions recorded February 18, 2000, Fee Number 2000-012849 and Fee Number
cc on
O
J ~
GO C = 2000-012847.
nw p J O
C- Z
It is now the desire of both Elk Horn and Tigard to modify the easement as to Lots 15, 37, 38 and
W Z I .
° ° W 39 only. Elk Horn and Tigard want to vacate those portions of the easement described on Exhibit "A" and
diagramed on Exhibit "B" which proposed vacated easement portions encumber Lots 15, 37 and 38. Elk
Horn and Tigard wish to encumber with the easement that portion of Lot 39 described on the attached Exhibit
"C" and diagramed on Exhibit "D".
Now THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, Elk Horn
and Tigard hereby vacate and terminate those portions of the easement which encumber Lots 15, 37 and 38
as described on the attached Exhibit "A" and diagramed on the attached Exhibit "B".
Elk Horn hereby grants to Tigard an easement for tree conservation over Lot 39 as more particularly
described on the attached Exhibit "C" and diagramed on the attached Exhibit "D". This new easement is part
of the easement created on the plat of Elk Horn Ridge Estates, as modified by the Modification of Plat
Easement recorded March 22, 2001, Fee Number 2001-023210, is subject to the terms and provisions of the
plat and the Declarations of Conditions and Restrictions recorded February 18, 2000, Fee Number 2000-
012849 and Fee Number 2000-012847.
This modification affects only those portions of Lots 15, 37, 38 and 39 as described on the attached
Exhibits. In all other respects, the balance of the easement as it applies to other Lots in Elk Horn Ridge
Estates is not modified or changed.
NO CHANGE IN TAX STATEMENT
I
2003-45224
This Modification Two of Plat Easement constitutes the whole agreement between Elk Horn and
Tigard regarding modifications to the Tree Conservation Easement.
Dated: May' Gi 23
CITY OF TIGARD
By: Q P- 4--~----
Name: V 5+;V% P - 'Do v►a5
Title: e:
STATE OF OREGON )
) I- 11 )ss.
COUNTY OF U A~Shto,$
On this 7 of c( 2002, personally appeared the herein 1-4k5 r f-1 P
"DxP.n on behalf of the City of Tigard, Oregon, an Oregon municipal corporation,
who acknowledged the herein instrument to be A is voluntary act and deed.
Before me:
OFFICIAL SEAL n
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 326578 Notary Public fort ate of Oregon
MY COMMISSION EXPIRES SEPT. 07, 2003 My Commission Wires: LO
ELK HORN RIDGE ESTATES, L.L.C.
By: Z__A"4 ~ .9dQ
Name" Joseph S. Layman
Title: Member
STATE OF OREGON )
)ss.
COUNTY OF Multnomah )
On this 22nd of July , 2002, personally appeared the herein
Joseph S. Layman Member of Elk Horn Ridge Estates, L.L.C., an Oregon limited liability
company, who on oath stated that he is authorized to execute this instrument and acknowledged the herein
instrument to be his voluntary act and deed.
Before me:
OFFICIAL SEAL
VERLYN M MINTUN Notary Pub for the State of Oregon
NOTARY PUBLIC-OREGON My Commission Expires:
COMMISSION NO. 351008 y
MY COMMISSION EXPIRES JAN 22, 2006
-2-
OWNER OF LOT 15 2003-45224
ELK HORN RIDGE ESTATES, L.L.C.
By:
Name:
Title: Member
STATE OF OREGON )
)ss.
COUNTY OF Multnomah )
On this 7th of August 2002, personally appeared the herein
Joseph S. Layman on behalf of Elk Horn Ridge Estates, L.L.C.
who acknowledged the herein instrument to be his voluntary act and deed.
Before me:
OFFICIAL SEAL
VERLYN M MINTUN
NOTARY PUBLIC-OREGON Notary PU IIAOr the State of Oregon
COMMISSION NO. 351008 My Commission Expires:
MY COMMISSION EXPIRES JAN 22, 2006 T
O
L
By:
Name:
Title:
STATE OF OREGON )
)ss.
COUNTY OF 'Q bL4ilt 7 U )
On this of 4~, 2 002„ personally appeared the herein C(_ r,,3' -Mwn behalf of I c e J
who acknowledged the herein instrument to bel voluntary act and deed.
Before me:
OFFICIAL SEAL
i
NANCY SCOTT Nota Public or e State of Oregon
NOTARY PUBLIC-OREGON
COMMISSION NO. 332266 My Commis on ires:
MY COMMISSION EXPIRES MARCH 5, 2004
OWNER_O =P ~8 _ 111 II
2003-45224
By:
Name:
Title:
STATE OF OREGON )
( )ss.
COUNTY OF
J
On this L of 2002, personally appeared the herein
on behalf of 'K cL~
who acknowledged the herein instrument to be voluntary act and deed.
OFFICIAL SEAL 2Ce me:
WENDY REUSSER 1
NOTARY PUBLIC-OREGON
COMMISSION NO. 332096 - -
MY COMMISSION EXPIRES MAR 27, 2004 Notary Public for the State of Oregon
My Commission Expires: -Q
OWNER OF LOT 39
ELK HORN RIDGE ESTATES, L.L.C.
By: V--LA, k,'d _'"4,4_,64
Name: Jos ph S. Layman Title: Member
STATE OF OREGON )
)ss.
COUNTY OF Multnomah )
On this 7th of August 2002, personally appeared the herein
Joseph S. Layman , on behalf of Elk Horn Ridge Estates, L.L.C.
who acknowledged the herein instrument to be his voluntary act and deed.
Before me:
OFFICIAL SEAL 01ALv,-)
VERL M MINTUN
NOTARY PUBLIC-OREGON Notary Pubh for the State of Oregon
COMMISSION NO. 351008 My Commission Expires: VZZ//~
MY COMMISSION EXPIRES JAN 22, 2006
F:\WP\L.Ik Horn\D-2d Mod of Plat Tree Ease.wpd
-4-
EXHIBIT "A"
Ei. _rIENT PARCELS TO BE EXTINGUISHES
2003-45224
Tract A:
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION LOT 15, "ELK HORN
RIDGE ESTATES", THAT PORTION OF SAID LOT 15, BEING AN EASEMENT FOR TREE
PRESERVATION PURPOSES, AS SHOWN ON SAID PLAT, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED TRACT:
COMMENCING AT THE CORNER OF LOT 15 AND LOT 14 OF SAID PLAT, SAID POINT
BEING ON THE RIGHT OF WAY LINE OF SOUTH WEST 128"' PLACE; THENCE NORTH
43°34'21" WEST 62.63 FEET TO THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED
TRACT "A7; THENCE CONTINUING ALONG SAID LOT LINE, NORTH 43°34'21" WEST,
12.37 FEET; THENCE, LEAVING SAID LOT LINE, AND ALONG THE ARC OF A NON
TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 124.00 FEET, THROUGH A
CENTRAL ANGLE OF 26°25'22", AN ARC DISTANCE OF 57.18 FEET (THE CHORD OF
WHICH BEARS NORTH 59°34'00" EAST, 56.38 FEET); THENCE, SOUTH 10°50'51" EAST,
11.01 FEET; THENCE, SOUTH 62°46'51" WEST, 19.56 FEET; THENCE, SOUTH 20018'44"
WEST, 3.92 FEET; THENCE, SOUTH 56°48'25" WEST, 4.22 FEET; THENCE, NORTH
83°39'31" WEST, 3.75 FEET; THENCE, SOUTH 53°03'04" WEST, 20.52 FEET TO THE POINT
OF BEGINNING.
THE LAND HEREIN DESCRIBED CONTAINS 689 SQUARE FEET.
Tract B•
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION LOT 37, "ELK HORN
RIDGE ESTATES", THAT PORTION OF SAID LOT 37, BEING AN EASEMENT FOR TREE
PRESERVATION PURPOSES, AS SHOWN ON SAID PLAT, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED TRACT:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 37, SAID POINT BEING ON
THE EASTERLY RIGHT OF WAY LINE OF SOUTHWEST GREENFIELD DRIVE; THENCE,
LEAVING SAID RIGHT OF WAY LINE, AND ALONG THE SOUTHERLY LINE OF SAID LOT
37, NORTH 38°49'41" EAST, 111.59 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCTIBED TRACT "B'; THENCE, LEAVING SAID LOT LINE, NORTH 69°41'06" WEST,
46.02 FEET; THENCE, ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 21.54 FEET, THROUGH A CENTRAL ANGLE OF 79°34'33", AN ARC
DISTANCE OF 29.92 FEET (THE CORD OF WHICH BEARS NORTH 23°11'32" WEST, 27.58
FEET); THENCE, SOUTH 69141'06" EAST, 69.32 FEET; THENCE, SOUTH 32°2846" WEST,
20.46 FEET TO THE POINT OF BEGINNING.
THE LAND HEREIN DESCRIBED CONTAINS 1,059 SQUARE FEET
Exhibit "A" - Page 1 of 2
-5-
EXHIBIT "All (i
NEW EASEMENT PARCEL
2003-45224
Tract C•
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION LOTS 37 AND 38, "ELK
HORN RIDGE ESTATES", THAT PORTION OF SAID LOTS 37 AND 38, BEING AN
EASEMENT FOR TREE PRESERVATION PURPOSES, AS SHOWN ON SAID PLAT,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT:
COMENCING AT THE SOUTHWEST CORNER OF LOT 39 OF SAID PLAT; THENCE, NORTH
89°51'52" WEST, 22.52 FEET; THENCE, SOUTH 0100'07" EAST, 95.20 FEET; THENCE,
NORTH 89°5953" EAST, 24.27 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT "C"; THENCE, SOUTH 15°33'39" WEST, 87.08 FEET; THENCE, NORTH
69°41'06" WEST, 3.01 FEET; THENCE, NORTH 15°33'49" EAST, 85.99 FEET; THENCE
NORTH 89°59'53" EAST, 3.11 FEET TO THE POINT OF BEGINNING.
THE LAND HEREIN DESCRIBED CONTAINS 260 SQUARE FEET.
Tract D
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON BEING A PORTION LOT38, "ELK HORN
RIDGE ESTATES", THAT PORTION OF SAID LOT 38, BEING AN EASEMENT FOR TREE
PRESERVATION PURPOSES, AS SHOWN ON SAID PLAT, EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED TRACT:
COMENCING AT THE SOUTHWEST CORNER OF LOT 39 OF SAID PLAT; THENCE, NORTH
89°51'52" WEST, 22.52 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
TRACT "D"; THENCE, SOUTH 0°00'07" EAST, 95.20 FEET; THENCE, SOUTH 89°59'53"
WEST, 10.00 FEET; THENCE, NORTH 0°00'07" WEST, 95.22 FEET; THENCE SOUTH
89°51'52" EAST, 10.00 FEET TO THE POINT OF BEGINNING.
THE LAND HEREIN DESCRIBED CONTAINS 952 SQUARE FEET.
See Diagram on Exhibit "B"
Exhibit "A" - Page 2 of 2
-6-
EXHIBIT "B"
E 4ENT PARCELS TO BE EXTINGUISHED
2003-45224
LOT 15 "ELK HORN RIDGE ESTATES"
IN THE NE 1 /4 OF SEC 9, T25, R l W, WM,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
JANUARY 20, 2003 SCALE 1"-50'
LEGEND & NOTES FOR: JOE LAYMAN
STERED
TPROFESSIONAL
PROPERTY CORNER PER THE PLAT OF "ELK HORN RIDGE ESTATES" SF - SQUARE FEET URVEYOR
R - RADIUS
L - ARC LENGTH
PROPOSED LOCATION OF AREA TO BE REMOVED FROM THE OREGON
EXISTING TREE PRESERVATION EASEMENT= RUARY 8, 2000
GEFFORY N. ADAIR
58,984
RENEWABLE: 12/31/03
R - 245.00' nm 'VEE DHBIT MAP'
L - 47.58'
SW
GREENFIELD
PREVIOUSL Y DRIVE
REMOVED TRACT "A" R _
EASEMENT PR O P05EP
AREA N V~ EXCEPTION ~pl o L -
LOT 14 589 SF a,
lb LB C3 El(l5TINGTREE
Dc L7 PRESERVATION ,
16 r~ EASEMENT / R CT "G,. ,~38R
L4 s
R - 49.00' LOT 15,
SW 128TH L - 44.88' 21,966 SF J
s
PLACE cam,
S 147831 . W mss'
LOT 16 248 87'
(vm / i
LINE TABLE
NO. BEARING DISTANCE
w !
12 N 43'34'21 ! "
L4 S
F 11,01'
w )
1.13 9 PREPARED 8Y: ;
GEFFORY N. ADAIR A3'39'31- W 3. Z5-1
w w 52,
939 HALEY COURT
OREGON CITY, OREGON 97045 CURVE TABLE
PHONE (503) 317-7819 NO. RADIUS DELTA LENGTH CHORD BEARING
! ) " ! 156.38' ! w
Exhibit "B" - Page 1 of 2
-7-
ExHIBIT "B"
E 4ENT PARCELS TO BE EXTINGUISHED
2003-45224
LOTS 37 & 38 "ELK HORN RIDGE ESTATES"
IN THE NE 1 /4 OF SEC 9, T2S, R 1 W, WM,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
JANUARY 20, 2003 SCALE 1 "=50'
REGISTERED FOR: JOE LAYMAN
PROFESSIONAL LEGEND & NOTES
LAND SURVEYOR 0 - PROPERTY CORNER PER THE PLAT OF
"ELK HORN RIDGE ESTATES"
OREGON SF - SQUARE FEET
FE RUARY 8, 2000 R - RADIUS
GEFFORY N. ADAIR L - ARC LENGTH
58,9
84 RENEWABLE: 12/31/03 PROPOSED LOCA170N OF AREA TO BE REMOVED FROM THE
FXE- EXIS71NG TREE PRESERVA71ON EASEMENT.
~i1~r wow'
R - 530.00' irk
L - 103.99'
SW
GREENFIELD
DRIVE EXISTING TREE W
N 78100727' E PRESERVATION
97.42' C-pS E MENT
R - 305.00' N
L - 201.04' L5 N D' 00' 07"W 95.22'
Al
75.33
EYCEPTiO1V Wry S 15, 4y,E 8599' S 0'00'07" E 95.20' N
f 6Q 1,059 GF e C6 4g W PROS ACT 'D'
N
r ~v~ ' Bj
O fO TRAGT' A~ 08 L4 EXCEP71ON 952 SF
EXCEP77ON LOT 38,
• 260 SF 15,380 SF
.01 LOT 37, R - 2750'
19,141 SF L - 25.96'
5'63 48'46" S, 77000, E
'sue 6.79' Is O~•o8„ o
R - 27.50' W
6¢28, L - 27.11 ~WZ
/ 34.3?( "C
PRESERVATIDUE s 10.47'50" E ct
TRACT "Gl / EAGEN~W
LINE TABLE
NO. BEARING DISTANCE
A loon'
J
19 q PREPARED BY.' . J " 1.3 N
F 24.27
GEFFORY N. ADAIR ' J A F .3,11'
J
1.15 N 939 HALEY COURT 117 1 5; A "
OREGON Cl TY, OREGON 97045 CURVE TABLE
PHONE (503) 317-7819 NO. RADIUS DELTA LENGTH CHORD BEARING
I A
J J A 29,92'1 275 J 11
Exhibit "B" - Page 2 of 2
-8-
. ' EXHIBIT "C"
NEW EASEMENT PARCEL
2003-45224
Tract E•
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF
TIGARD, WASHINGTON COUNTY, OREGON, BEING A PORTION LOT 39, "ELK HORN
RIDGE ESTATES", THAT PORTION OF SAID LOT 39, BEING AN ADDITION TO THE
EXISTING TREE PRESERVATION EASEMENT AS SHOWN ON SAID PLAT, SAID TRACT
OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 39 OF SAID PLAT; THENCE, NORTH
0°32'34" EAST, 68.09 FEET FEET; THENCE, SOUTH 89°27'26" EAST, 78.27 FEET TO THE
WEST RIGHT OF WAY LINE OF SOUTHWEST RIDGEFIELD LANE; THENCE, ALONG SAID
RIGHT OF WAY LINE, AND ALONG THE ARC OF A NON TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 22.50 FEET, THORUGH A CENTRAL ANGLE OF 32°08'20",
AN ARC DISTANCE OF 12.62 FEET (THE CHORD OF WHICH BEARS SOUTH 44-44'11"
WEST, 12.46 FEET); THENCE, ALONG THE ARC OF A REVERSE CURVE TO THE LEFT,
HAVING A RADIUS OF 27.50 FEET, THROUGH A CENTRAL ANGLE OF 51°02'33" AN ARC
DISTANCE OF 24.50 FEET (THE CHORD OF WHICH BEARS SOUTH 35°17'05" WEST, 23.70
FEET); THENCE, LEAVING SAID RIGHT OF WAY LINE, AND ALONG THE SOUTH LINE
OF SAID LOT 39, SOUTH 55°15'22" WEST, 68.71 FEET TO THE POINT OF BEGINNING.
THE LAND HEREIN DESCRIBED CONTAINS 2,960 SQUARE FEET.
See Diagram on Exhibit "D"
Exhibit "C" - Page 1 of 1
-9-
EXHIBIT "D"
NEW EASEMENT PARCEL
2003-45224
LOT 39 "ELK HORN RIDGE ESTATES"
IN THE NE 1 /4 OF SEC 9, T2S, R l W, WM,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
JANUARY 20, 2003 SCALE 1 "=50'
LEGEND & NOTES FOR: JOE LAYMAN
REGISTERED
- PROPERTY CORNER PER THE PLAT OF ELK HORN RIDGE ESTATES" PROFESSIONAL
SF - SQUARE FEET LOANP. SURVEYOR
R - RADIUS
L - ARC LENGTH
PROPOSED LOCATION OF AREA TO BE ADDED TO THE OREGON
EXISTING TREE PRESERVA77ON EASEMENT. FEBRUARY 8, 2000
GEFFORY N. ADAIR
58,984
RENEWABLE: 12/31/03
FRE -TREE E)"&T AIAP'
W
N
W 95.22'
am
00
° E 95.20'
A M
ICT pS~ N N 0 *3234" E 223.01 '
70N 952 SF 2 6 S . 09'
T 38, N IRACT E'
'80 SF PRO ITION
R - 27.50' c' TO TREE
W PRESERVATION
51 - 25.96 ~ EASEMENT 2,960 SF
b
10. 00 8 E Cl N LOT 39 R - 42.02'
L - 51.82'
o,
R --2250 d W 5.36'57" E 78.24.
L - 27.11• ~Wz sw
34.32' cn c R - 22.50' RIDGEFIELD
10,4750' E Q R - 27.50 L - 26.08' LANE
S 0:: L - 24.50'
PREPARED BY.-
GEFFOR Y N. ADAIR
939 HALEY COURT
OREGON CITY, OREGON 97045 CURVE TABLE
PHONE (503) 317-7819 NO. RADIUS DELTA LENGTH CHORD BEARING
Exhibit "D" - Page I of 1
-10-