2010-049373 RETUR Y RECORDED DOCUMENT TO: Washington County, Oregon 2010- 049373
2S9 CiTY HALL RECORDS DEPARTMENT, 0613012010 10:40:54 AM
CITY OF TIGARD D -E Cnt =1 Stn =7 K GRUNEWALD
$20.00 $5.00 $11.00 $15.00 - Total = S51.00
3\ 13125 SW Hall Blvd.
Tigard, OR 97223 11111 111111 II 1111 I I 1111 NI 11111111
CORPORATION
01495900201000493730040045
I, Richard Hobernicht, Director of Assessment and o ;
File No.
P R2- b O q -- 00°01 Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within ,�}
instrument of writing was received and recorded rded in the II"pd: z 4r\I. 'i1
book of records of said cou #`gti s " I
Richard Hobernicht, Director of Assessment and
EASEMENT Taxation, Ex -Officio County Clerk
SANITARY SEWER - PERMANENT Space above reserved for Washington County Recording information
MWF TIGARD LLC, an Oregon limited liability company, hereinafter called the Grantor, grants and conveys unto the City
of Tigard, an Oregon municipal corporation, hereinafter called the Grantee, a perpetual easement for constructing,
reconstructing, operating, maintaining, inspecting, and repairing of an underground sewer line and appurtenances, together
with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in the
attached Exhibit "A" situated in the City of Tigard, Washington County, State of Oregon, and depicted on the attached
Exhibit "B ".
THE TRUE CONSIDERATION for this conveyance is $ 0.00 . However, the actual consideration consists of or includes
other property or value given or promised which is the whole consideration.
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 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 easement. Without limiting the generality of the
foregoing, Grantor may construct and maintain access drives, parking areas and landscaping in the easement area.
Grantee will coordinate the dates of its work in the easement area with Grantor and, except in cases of emergency, will
provide Grantor with at least five (5) days' prior written notice of its intent to enter upon the easement area to commence
such activity. Grantee will perform such activities in a manner reasonably calculated to minimize interference with the use
of Grantor's adjacent property.
Promptly following the completion of any work by Grantee in the easement area, Grantee shall remove all debris and restore
the easement area to the condition in which it was prior to the commencement of such work.
Subject to the limitations of the Oregon Constitution and the Oregon Tort Claims Act, Grantee will indemnify and hold
Grantor harmless from all liabilities, damages, costs and expenses, including attorney fees, arising from Grantee's use 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, I hereunto set my hand on this Z7 day of May, 2010.
MWF TIGARD LLC, an Oregon limited liability company
By: Stillhouse Hollow Ventures, LLC, an Oregon limited
liability compan an. • -r
._� 411.•
ess A. Wetsel, Manager
Address: c/o The Wetsel Company
2123 NW Aloclek Drive, Suite 1203
Hillsboro, OR 97124
•
035044100006/2236787v3
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on May 27 2010 by Jess A. Wetsel as Manager of Stillhouse Hollow Ventures, LLC as
Manager of MWF Tigard LLC.
s =\ OFFICIAL SEAL
,• ;,r„ �,1i t LAURIE LEILANI FRANKLIN
NOTARY PUBLIC — OREGON i otary's Signature
:a� COMMISSION NO.420042 /f
MY COMMISSION EXPIRES AUGUST 7, 2011 , My Commission Expires: 4 -. U5 / zo/ /
Accepted on behalf of the City of Tigard this 2c day of Pk 41 , 2010.
NO CHANGE IN TAX STATEMENT City Ei meer
035044/00006/2236787v3
}
EXHIBIT A
•
61 f MacKay & Sposito, Inc. • 15100LD1 .
sI 1325 SE Tech Center Drive, Suite 140 5/24/10
Vancouver WA 98683 btm
Phone: 360-695-3411
J fi ; Fax: 360- 695 -0833
MacKay & Sposito, Inc. www.mackaysposito.com
LEGAL DESCRIPTION
. SANITARY SEWER EASEMENT
SONIC DRIVE -IN PARTITION PLAT
• . TIGARD, WASHINGTON COUNTY, OREGON
An easement over real property being a portion of Parcel 'I and Parcel II of that Trustee's
Deed recorded under Fee No. 2009 - 080994 records of Washington County, Oregon and
lying In the Southeast quarter of Section 10, 'Township 2 South, Range 1 West of the
Willamette Meridian, more particularly described as follows:
A strip of land 15.00 feet wide, lying 7.50 feet on each side of the following described
• centerline: .
Commencing at a 5/8" iron rod with a yellow plastic cap stamped. "Buford & Assoc PLS 1148"
marking the Southeast corner of Parcel 1 of said Trustee's Deed as shown on CS 25817, said
corner being on the arc of a 230.00 foot radius curve and on the West right of way line of SW
Royalty Parkway as shown on CS 27300; thence along the Southeasterly line of said Parcel 1
and the West right of way line of said SW Royalty Parkway, from a tangent bearing of North
19° 31' 42 East, along said curve to the right, through a central angle of 02° 44' 03 ", an arc
distance of 10.98 feet (the chord of which bears North 20° 53' 43" East, .10.98 feet) to the
Point of Beginning of the centerline described herein; thence North 71° .23' 25" West a
distance of 56.38 feet; thence North 00° 00' 00' West a distance of 119.00 feet to the •
Terminus of said centerline.
•
. The sidelines of said centerline shall be lengthened or shortened as necessary to .create a
uniform strip of land 15.00 feet wide and to abut the West right of way line of said SW
Royalty Parkway.
•
Subject to easements and restrictions of record.
\ \' REGIS ER
• O ROF r • : ONAL
L A 4 rr � EYO'
FIA r./
I
O: '*N
JUNE 11, 2008
CH' STOFER C. SHERBY
7450: S
- EXPIRES 6/30/10
• Page 1 of 2
/ SKETCH TO ACCOMPANY LEGAL DESCRIPTION R
I SANITARY SEWER EASEMENT .
/ 1 SONIC DRIVE -IN PARTITION PLAT
TIGARD, WASHINGTON COUNTY, OREGON \� 1
St
/ : / .
,
P ROPOSED L OT 2 NOR 2009 - 080994
SCALE.' 1 " =50'
/ . TERMINUS MAY 2010
Q I 0 25 50
C? / PROPOSED LOT LINE hiEtZlii [i
— — — 111 PAGE 2 OF 2
_
15JOOSSI
C..) I EXISTING PARCEL 75' t=1
/ v - - _____ — LINE —\ 15.0' / -\- x
REGIS RED / � \\A ' _k y
/
/ 'V .1 A L N00 °00'00"W PARCEL 1, FEE NO. c� � q. td
A Frz I, - 0 LP,,I ,, ' V YG 119. DO' 2009- 080994 Q
• - ► —�—
N7123 25 W
JUNE 11, 2008 . PROPOSED 5 6.38 , / /
CH .TOFER C..HERBY LOT ,
/ 74508L:
/
/ POINT OF
EXPIR :6/30/10 BEGINNING A =02 °44'03"
R=230.00' L=10.98'
5/8" IRON ROD W /YELLOW ____.<::/ CHD. BRG.= N20 °53'43'E
, , , ..trio 1 PLASTIC CAP STAMPED ''BUFORD (= CHD. LEN. =10.98
MaPKay4 " = ' ' i . 11 G4.'� Lk{,I M i d: - ASSOC. PLS 1148" - POINT OF COMMENCEMENT , o , /
'i F$f 7 "'
ENGINEERS SURVEYORS PLANNERS am, ,2),'
VANCOUVER, WASHINGTON KENNEWICK, WASHINGTON ( /