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2010-101740 \ tiff s Washington County, Oregon 2010.101740 ukt "; 12/16/2010 02:49:07 PM D -DW Cnt •1 8tn ■22 I REED $80.00 $6.00 $11.00 $16.00 - Total a $91.00 F THIS SPACE RED 11111111 1111111 iligiN111111 �` '•t. 0 166 3813201001017400120126 I, Richard Hobernlcht, Director of Assessment end Taxation and Ex•OffIcIo County Clerk for Washington County, Oregon, do hereby certify that the within o _ Instrument of writing was received a d re orded In the ■- C I book of records of said cou `. ,� j L r [ VI"1 °m� lam" Richard Hobernlcht, Director of Assessment and •� Taxation, Ex- Officio County Clerk ��- After recording return to: THE CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: THE CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 g File No.: NCS- 361497A -OR1 (tc) Date: December , 2010 STATUTORY WARRANTY DEED T, g - THE TRUST FOR PUBLIC LAND, a California non - profit public benefit corporation, Grantor, • conveys and warrants to THE CITY OF TIGARD, an Oregon municipal corporation, Grantee, the 1 " following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: tz See Exhibit "A" attached hereto and incorporated herein by this reference Subject to: See Exhibit "B" attached hereto and incorporated herein by this reference The true consideration for this conveyance is $5,330,000.00. (Here comply with requirements of ORS 93.030) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD -_ INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE . RIGHTS. OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.3.00, .195 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007, ,AND SECTIONS_ 2 TO 9 AND 17; CHAPTER 855, OREGON LAWS 2009. Page 1 of 13 • Dated this O — day of V n E .MFR , 20 10 . THE TRUST FOR PUBLIC LAND, a California non - profit public benefit corporation AA nA By: Thomas E. Tyner, Igional Counsel STATE OF W/S5HIt4CiTO, J ) ) -ss COUNTY OF : C, ) I certify that I know or have satisfactory evidence that Thomas E. Tyner, is /are the person(s) who appeared before me, and said person(s) acknowledged that he /she /they signed this instrument, on oath stated that he /she /they is /are authorized to execute the instrument and acknowledged it as the Regional Counsel of THE TRUST FOR PUBLIC LAND, a California non - profit public benefit corporation to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. (' C r r l0 C- IL-- Dated: OC vri\j c4C� C �� ,�_ �C �, /i�� I till Print Name ��h<<� S ... ... Notary Public in and for the State of 111 ►���¢�• s10NF <�S'� = ry �S � n_(�� � �- • .4-4, • . j. \ Residing at: .Scc � 0 � 'N : My appointment expires: 00)/0 ! y PUBO o 9TF OF W PS � \ ���� Accepted: �� THE CITY OF TIGARD, an Oregon municipal corpor. ion By:`LI .tEJI I hi Title: teJt I N1/ Date: ✓ • Page 2 of 12 I STATE OF : 6,04/ ,ern...- 1lYl� ) O )ss. • County of : Was hon9 eL� ) This instrument w acknowledged before me on this , d as ay of .0ecl4., v — , 20 L by elt $ a 6e1 L,*4It as,4h5f. C O1n4t9Pv— of THE C1TY OF TIGARD, an Oregon municipal corporation, on behalf of the municipal corporation. < r, OFFICIAL SEAL 'Qi/ 0- , ��149.-eiL. CAROL KRAG1R Print Name: CA R-01--- .g Kerg 6 E1 NOTARYPUBUC Notary Public for : o�tl COMMISSION NO. 445625 rY MYCOMMISSION EXPIRES FEBRUARY23, 2014 My commission expires: p a/D 312 d / Page 3 of 12 EXHIBIT A Legal Description Parcel 1: NEW CHERRY HILL ACRE TRACTS LOT 1 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of lots 1 and 2 Cherry Hill Acre Tracts, Described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records, also being the southwest corner of Lot 6 Cherry Hill Acres Tracts; Thence N 01° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard and the westerly line of said Lot 6, a distance of 100.86 feet; Thence S 88° 28' 50" E, leaving said easterly line, a distance of 174.37; Thence N 33° 20' 21" E a distance of 215.45 feet to the easterly line of Lot 3 Cherry Hill Acre Tracts and the True Point of Beginning; Thence S 01° 28' 28" W, along the easterly line of said Lot 3 a distance of 283.95 feet to the south line of Lots 2 Cherry Hill Acre Tracts; Thence S 88° 28' 50" E along the south line of Lots 2 and 1 Cherry Hill Acre Tracts, a distance of 144.00 feet to the southeast . corner of said Lot 1 Thence N 01° 28' 28" E, along said west line, a distance of 577.91 feet to the south right -of -way of SW Tigard Street; Thence N 88° 16' 39" W, along said south right -of- way, a distance of 60.06 feet; Thence S 01° 28' 28" W, leaving said south right -of -way, a distance of 159.06 feet; Thence S 33° 20' 21" W a distance of 159.01 feet to the true point of beginning. Containing 64221 square feet or 1.47 acres Parcel 2: NEW CHERRY HILL ACRE TRACTS LOT 5 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of lots 5 and 6 Cherry Hill Acre Tracts, Described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records, also being the southwest corner of Lot 6 Cherry Hill Acres Tracts; Thence N 01° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard and the westerly line of said Lot 6, a distance of 100.86 feet; Thence S 88° 28' 50" E, leaving said easterly line, a distance of 144.11 to the east line of Lot 5 Cherry Hill Acres Tracts; Thence S 01° 28' 28" W, along the easterly line of said Lot 5 a distance of 100.88 feet to the southeast corner of said Lot 5; Thence N 88° 28' 50" W, along the south line of lots 5 and 6 Cherry Hill Acres Tracts, a distance of 144.14 feet to the point of beginning. Containing 14540 square feet. -1- PDXDOCS:1908379.6 Parcel 3: NEW CHERRY HILL ACRE TRACTS LOT 3 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of lots 3 and 4 Cherry Hill Acre Tracts, Described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records, also being the southwest corner of Lot 6 Cherry Hill Acres Tracts; Thence N 01° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard and the westerly line of said Lot 6, a distance of 100.86 feet; Thence S 88° 28' 50" E, leaving said easterly line, a distance of 144.11 to the east line of Lot 5 and the west line of Lot 4 Cherry Hill Acres Tracts and the True Point of Beginning; Thence S 88° 28' 50" E a distance of 30.26 feet; Thence N 33° 20' 21" E a distance of 215.45 feet to the easterly line of Lot 3 Cherry Hill Acre Tracts; Thence S 01° 28' 28" W, along the easterly line of said Lot 3 a distance of 283.95 feet to the south of said Lot 3; Thence N 88° 28' 50" W, along the south of said Lots 3 and 4, a distance of 144.00 feet to the southwest corner of Lot 4 Cherry Hill Acre Tracts; Thence N 01° 28' 28" E, a long the west line of said lot 4, a distance of 100.88 feet to the true point of beginning. Containing 24937 square feet or 0.57 acres. Parcel 4: ADJUSTMENT TRACT 2 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the property described in Book 743 Page 87 and Book 745 Page 911 described as follows: Commencing at a 5/8" Iron rod set at the Southeast corner of Lot 7 Gallo's Vineyard as recorded in Book 58 Page 9 of the Washington county subdivision records; Thence N 01° 29' 37" E, along the easterly line of the plat of Gallo's Vineyard, a distance of 579.43 feet to the southerly right of way of SW Tigard Street; Thence S 88° 16' 39" E, along said southerly right of way, a distance of 431.95 feet to The True Point of Beginning, being a point on the east line of lot 1 Cherry Hill Acre Tracts and a point on the west line of the property described in Book 743 Page 87 of the Washington County Deed Records; Thence S 01° 28' 28" W, along the east line of Cherry Hill Acre Tracts and the west line of the land described in Book 743 page 87, a distance of 977.92 feet to the south line of the north 1/4 of the John L Hicklin DLC; Thence S 88° 28' 50" E, along said south line, a distance of 436.42 feet to the southeast corner of the property described in Book 745 Page 911 of the Washington County Deed Records; Thence N 01° 27' 13" E, along the east line of said book and Page, a distance of 976.55 to the south right -of -way of SW Tigard Street; Thence N 88° 19' 25" W, along said right -of -way, a distance of 55.61 feet; Thence S 01° 27' 13" W leaving said southerly right of way, a distance of 170.13 feet; Thence N 88° 16' 39" W a distance of 95.24 feet; Thence N 01° 27' 13" E a distance of 40.32 feet; Thence N 88°16' 39" W a distance of 144.76 feet; Thence N 01°27' 13" E a distance of 129.68 feet Thence N 88° 16' 39" W, along said southerly right of way, a distance of 140.45 feet to the true point of beginning. Containing 391318 square feet or 8.98 acres -2- PDXDOCS: 1908379.6 Parcel 5: ADJUSTMENT TRACT 4 A tract of land situated in the Southwest one - quarter of Section 3, Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the land described in Book 868 Page 975 and Book 868 Page 977 of the Washington County Deed Records, described as follows: Beginning at the point on the north line of the south one -half of the J. L. Hicklin DLC which is the Northwest Corner of the property described in Book 868 Page 977; Thence S 88° 28' 50" E along said north line, a distance of 489.55 feet to the northwest corner of the property described in Book 868 Page 975 of the Washington County Deed Records; Thence S 00° 42' 46" W 254.08 feet to the center line of Summer Creek; Thence along the center line of Summer Creek the following 16 courses; Thence S 42° 54' 21" W a distance of 1.83 feet; Thence S 84° 29' 48" W a distance of 29.77 feet; Thence N 78° 55' 28" W a distance of 17.35 feet; Thence N 49° 15' 57" W a distance of 50.60 feet; Thence N 84° 23' 31" W a distance of 20.88 feet; Thence S 83° 19' 49" W a distance of 33.17 feet; Thence S 58° 14' 14" W a distance of 23.90 feet; Thence S 29° 06' 29" W a distance of 41.10 feet; Thence S 67° 30' 54" W a distance of 25.27 feet; Thence S 81° 12' 35" W a distance of 95.82 feet; Thence S 53° 22' 18" W a distance of 65.58 feet; Thence S 38° 05' 16" W a distance of 22.64 feet; Thence S 24° 34' 57" W a distance of 40.05 feet; Thence S 10° 01' 37" W a distance of 28.02 feet; Thence S 50° 59' 56" W a distance of 32.96 feet; Thence S 82° 11' 38" W a distance of 80.65 feet to the westerly line of the property described in Book 868 Page 977 of the Washington County Deed Records; Thence N 00° 42' 46" E, along said westerly line, a distance of 462.18 feet to the point of beginning. Containing 155265 square feet which equals 3.56 acres. Parcel 6: ADJUSTMENT TRACT 7 A tract of land situated in the Southeast one - quarter of Section 34, Township 1 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the property described in Book 737 Page 630 and Document Number 80- 033695 of the Washington County Deed Records, described as follows: Commencing at the Southwest corner of the property described in Document Number 80- 033695 as recorded in Washington County Deed Records; Thence N 01° 27' 13" E, along the westerly line of said Document Number, a distance of 975.36 feet to the southerly right of way of SW Tigard Street; Thence N 88° 19' 25" W, along said southerly right of way, a distance of 250.77 feet to the True Point of Beginning; thence S 01° 27' 13" W, leaving said southerly right of way, a distance of 45.74 feet; Thence S 19° 36'18" E a distance of 46.52 feet; Thence S 60° 40'38" E a distance of 24.19 feet; Thence S 36° 01' 59" E a distance of 38.93 feet; Thence N 68° 42' 26" E a distance of 86.18 feet; Thence N 82° 28' 25" E a distance of 107.69 feet; Thence S 88° 19' 25" E a distance of 245.59 feet; Thence N 68° 24' 38" E a distance of 63.00 feet; Thence N 01° 27' 13" E a distance of 55.37 feet to the southerly right of way of SW Tigard Street; Thence S 88° 19' 25" E, along said southerly right of way, a distance of 299.45 feet to the center line of Fanno Creek; Thence along the easterly line of said Document No. the following nine courses; Thence S 17° 50' 58" E, along the center of Fanno Creek a distance of -3- PDXDOCS:1908379.6 41.92 feet; Thence S 11° 46' 58" W a distance of 27.85 feet; thence S 28° 06' 09" W a distance of 104.59 feet; Thence S 41° 21' 49" W a distance of 79.66 feet; thence S 11° 13' 49" W a distance of 82.15 feet; Thence S 31° 39' 14" W a distance of 366.54 feet; Thence N 88° 29' 17" W a distance of 145.23 feet; Thence S 25° 45' 22" W a distance of 203.97 feet; thence S 01° 05' 25" W a distance of 168.08 feet to the southwest corner of Document No. 2005 - 161372 and a point on the south line of the north 1 /2 of the John L Hicklin DLC; Thence N 88 °28' 50" W, along the said south line, a distance of 521.20 feet to the southwest corner of the property described in Book 737 Page 630 of the Washington County Deed Records; Thence N 01° 27' 13" E, along the west line of said Book and Page, a distance of 976.55 feet to the southerly right - of -way of SW Tigard Street; Thence S 88°19' 25" E, along said southerly right -of -way, a distance of 186.15 feet to the point of the true point of beginning. Containing 713534 square feet or 16.38 acres. Parcel 7: ADJUSTMENT TRACT 9 A tract of land situated in the Southwest one - quarter of Section 3, Township 2 South Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, being a part of the land described in Book 753 page 987 and Book 763 Page 130 and Book 813 Page 927 of the Washington County Deed Records, described as follows: Commencing at the point on the north line of the south one -half of the J. L. Hicklin DLC which is the Northwest Corner of the property described in Deed Book 753 Page 987; Thence S 88° 28' 50" E, along the north line of the south one -half of the J. L. Hicklin DLC, a distance of 1290.23 feet to the westerly right -of -way of SW Tiedeman Avenue and a point on a non - tangent curve to the right; Thence along said right of way and curve to the right with a radius of 410.09 feet, a length of 57.09 feet (a chord which bears S 58° 26' 28" W, 57.04 feet) and a central angle of 7° 58' 34" to a point of tangency; Thence S 62° 25' 45" W , along said southerly right of way, a distance of 67.01 feet to a point of curve to the left; Thence along said right of way and curve to the left with a radius of 475.71 feet, a length of 320.91 feet (a chord which bears S 43° 06' 12" W, 314.86 feet) and a central angle of 38° 39' 05" to a point on the extension of the center line of SW Tiedeman Street extended north from SW Walnut Street; Thence N 02° 22' 25" E, along the extension of SW Tiedeman Street, a distance of 134.83 feet to the extension of the center line of Summer Creek; Thence N 50° 12' 43" W a distance of 112.85 feet to the center line of Summer Creek; Thence along the center line of Summer Creek the following 31 courses; thence N 69° 02' 05" W a distance of 31.53 feet; Thence S 75° 27' 27" W a distance of 141.40 feet; Thence S 54° 05' 41" W a distance of 35.15 feet; Thence S 39° 14' 30" W a distance of 68.44 feet; Thence S 18° 51' 52" W a distance of 47.82 feet; Thence S 66° 11' 20" W a distance of 54.04 feet; Thence S 84° 03' 08" W a distance of 69.55 feet; Thence N 66° 09' 33" W a distance of 32.87 feet; Thence N 78° 25' 42" W a distance of 20.34 feet; Thence S 84° 44' 14" W a distance of 18.49 feet; Thence S 67° 02' 13" W a distance of 25.69 feet; Thence S 89° 01' 22" W a distance of 6.09 feet; Thence S 11° 05' 55" W a distance of 20.86 feet; Thence S 15° 46' 37" E a distance of 23.91 feet; Thence S 03° 24' 44" W a distance of 79.20 feet; Thence S 27° 48' 53" E a distance of 13.28 feet; Thence S 03° 12' 22" E a distance of 21.14 feet; Thence S 59° 47' 07" W a distance of 19.61 feet; Thence N 83° 16' 08" W a distance of 18.95 feet; Thence N 73° 41' 29" W a distance of 70.29 feet; Thence S 87° 52' 29" W a distance of 56.59 -4- PDXDOCS: 1908379.6 feet; Thence N 44° 29' 20" W a distance of 18.92 feet; Thence N 63 44' 54" W a distance of 30.59 feet; Thence N 47° 48' 02" W a distance of 44.28 feet; Thence N 31° 52' 12" W a distance of 39.30 feet; Thence N 01° 05' 19" W a distance of 33.60 feet; Thence N 34° 52' 42" W a distance of 155.23 feet; Thence N 69° 20' 38" W a distance of 22.73 feet; Thence S 45° 59' 07" W a distance of 41.11 feet; Thence S 13° 27' 35" W a distance of 32.04 feet; Thence S 42° 54' 21" W a distance of 32.02 feet; Thence N 00° 42'46" E a distance of 254.08 feet to the point of beginning Containing 275748 square feet or 6.33 acres. Parcel 8: Lots 21 and 22 of Cherry Hill Acre Tracts Lots 21 and 22 of Cherry Hill Acre Tracts, as shown by the official plat thereof on file in Book 4, Page 17 of Plats, in the City of Tigard, County of Washington, State of Oregon. ALSO DESCRIBED AS FOLLOWS: Real property in the County of Washington , State of Oregon, described as follows: A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE - QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH RANGE 1 WEST AND THE SOUTHWEST ONE - QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING A PART OF LOT 21, 22 1 THRU 6 CHERRY HILL ACRE TRACTS AND PART OF THE PROPERTY DESCRIBED IN BOOK 743 PAGE 87, BOOK 745 PAGE 911, BOOK 737 PAGE 630, BOOK 868 PAGE 975, BOOK 753 PAGE 987, BOOK 763 PAGE 130, BOOK 813 PAGE 927 AND DOCUMENT NUMBER 80- 033695 AS RECORDED IN WASHINGTON COUNTY DEED RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD SET AT THE SOUTHEAST CORNER OF LOT 7 GALLO'S VINEYARD AS RECORDED IN BOOK 58 PAGE 9 OF THE WASHINGTON COUNTY SUBDIVISION RECORDS; THENCE N 01° 29' 37" E, ALONG THE EASTERLY LINE OF THE PLAT OF GALLO'S VINEYARD, A DISTANCE OF 100.86 FEET; THENCE S 88° 28' 53" E, LEAVING SAID EASTERLY LINE, A DISTANCE OF 174.37 feet; THENCE N 33° 20' 21" E A DISTANCE OF 374.46 FEET; THENCE N 01° 28' 28" E A DISTANCE OF 159.06 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW TIGARD STREET; THENCE S 88° 16' 39" E, ALONG SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 200.51 FEET; THENCE S 01° 27' 13" W A DISTANCE OF 129.68 FEET; THENCE S 88° 16' 39" E A DISTANCE OF 144.76 FEET; THENCE S 01° 27' 13" W A DISTANCE OF 40.32 FEET; THENCE S 88° 16' 39" E A DISTANCE OF 95.24 FEET; THENCE N 01° 27' 13" E A DISTANCE OF 170.13 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW TIGARD STREET; THENCE S 88° 19' 25" E, ALONG SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 241.76 FEET; THENCE S 01° 27' 13" W, LEAVING SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 45.74 FEET; THENCE S 19° 36' 18" E A DISTANCE OF 46.52 FEET; THENCE S 60° 40' 38" E A DISTANCE OF 24.19 FEET; THENCE S 36° 01' 59" -5- PDXDOCS:1906379.6 E A DISTANCE OF 38.93 FEET; THENCE N 68° 42' 26" E A DISTANCE OF 86.18 FEET; THENCE N 82° 28' 25" E A DISTANCE OF 107.69 FEET; THENCE S 88° 19' 25" E A DISTANCE OF 245.59 FEET; THENCE N 68° 24' 38" E A DISTANCE OF 63.00 FEET; THENCE N 01° 27' 13" E A DISTANCE OF 55.37 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW TIGARD STREET; THENCE S 88° 19' 25" E, ALONG SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 299.45 FEET TO THE CENTER OF FANNO CREEK AND THE NORTHEAST CORNER OF DOCUMENT NO. 80- 033695; THENCE ALONG THE EASTERLY LINE OF SAID DOCUMENT NO. THE FOLLOWING NINE COURSES; THENCE S 17° 50' 58" E, ALONG THE CENTER OF FANNO CREEK A DISTANCE OF 41.92 FEET; THENCE S 11 ° 46' 58" W A DISTANCE OF 27.85 FEET; THENCE S 28° 06' 09" W A DISTANCE OF 104.59 FEET; THENCE S 41° 21' 49" W A DISTANCE OF 79.66 FEET; THENCE S 11° 13' 49" W A DISTANCE OF 82.15 FEET; THENCE S 31° 39' 14" W A DISTANCE OF 366.54 FEET; THENCE N 88° 29' 17" W A DISTANCE OF 145.23 FEET; THENCE S 25° 45' 22" W A DISTANCE OF 203.97 FEET; THENCE S 01° 05' 25" W A DISTANCE OF 168.05 FEET TO THE SOUTHWEST CORNER OF DOCUMENT NO. 2005- 161372; THENCE S 88° 28' 50" E, ALONG THE SOUTHERLY LINE OF SAID DOCUMENT NO., A DISTANCE OF 201.31 feet TO THE WESTERLY RIGHT OF WAY OF SW TIEDEMAN STREET AND A POINT ON A NON - TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID RIGHT OF WAY AND CURVE TO THE RIGHT WITH A RADIUS OF 410.09 FEET, A LENGTH OF 57.09 FEET (A CHORD WHICH BEARS S 58° 26' 28" W, 57.04 FEET) AND A CENTRAL ANGLE OF 7° 58' 34" TO A POINT OF TANGENCY; THENCE S 62° 25' 45" W, ALONG SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 67.01 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID RIGHT OF WAY AND CURVE TO THE LEFT WITH A RADIUS OF 475.71 FEET, A LENGTH OF 320.91 FEET (A CHORD WHICH BEARS S 43° 06' 12" W, 314.86 FEET) AND A CENTRAL ANGLE OF 38° 39' 05" TO A POINT ON THE EXTENSION OF THE CENTER LINE OF SW TIEDEMAN STREET EXTENDED NORTH FROM SW WALNUT STREET; THENCE N 02° 22' 25" E, ALONG THE EXTENSION OF SW TIEDEMAN STREET, A DISTANCE OF 134.83 FEET TO THE EXTENSION OF THE CENTER LINE OF SUMMER CREEK; THENCE N 50° 12' 43" W A DISTANCE OF 112.85 FEET TO THE CENTER LINE OF SUMMER CREEK; THENCE ALONG THE CENTER LINE OF SUMMER CREEK THE FOLLOWING 47 COURSES; THENCE N 69° 02' 05" W A DISTANCE OF 31.53 FEET; THENCE S 75° 27' 27" W A DISTANCE OF 141.40 FEET; THENCE S 54° 05' 41" W A DISTANCE OF 35.15 FEET; THENCE S 39° 14' 30" W A DISTANCE OF 68.44 FEET; THENCE S 18° 51' 52" W A DISTANCE OF 47.82 FEET; THENCE S 66° 11' 20" W A DISTANCE OF 54.04 FEET; THENCE S 84° 03' 08" W A DISTANCE OF 69.55 FEET; THENCE N 66° 09' 33" W A DISTANCE OF 32.87 FEET; THENCE N 78° 25' 42" W A DISTANCE OF 20.34 FEET; THENCE S 84° 44' 14" W A DISTANCE OF 18.49 FEET; THENCE S 67° 02' 13" W A DISTANCE OF 25.69 FEET; THENCE S 89° 01' 22" W A DISTANCE OF 6.09 FEET; THENCE S 11° 05' 55" W A DISTANCE OF 20.86 FEET; THENCE S 15° 46' 37" E A DISTANCE OF 23.91 FEET; THENCE S 03° 24' 44" W A DISTANCE OF 79.20 FEET; THENCE S 27° 48' 53" E A DISTANCE OF 13.28 FEET; THENCE S 03° 12' 22" E A DISTANCE OF 21.14 FEET; THENCE S 59° 47' 07" W A DISTANCE OF 19.61 FEET; THENCE N 83° 16' 08" W A DISTANCE OF 18.95 FEET; THENCE N 73° 41' 29" W A DISTANCE OF 70.29 FEET; THENCE S 87° 52' 29" W A DISTANCE OF 56.59 FEET; THENCE N 44° 29' 20" W A DISTANCE OF 18.92 FEET; -6- PDXDOCS.1908379.6 THENCE N 63° 44' 54" W A DISTANCE OF 30.59 FEET; THENCE N 47° 48' 02" W A DISTANCE OF 44.28 FEET; THENCE N 31° 52' 12" W A DISTANCE OF 39.30 FEET; THENCE N 01° 05' 19" W A DISTANCE OF 33.60 FEET; THENCE N 34° 52' 42" W A DISTANCE OF 155.23 FEET; THENCE N 69° 20' 38" W A DISTANCE OF 22.73 FEET; THENCE S 45° 59' 07" W A DISTANCE OF 41.11 FEET; THENCE S 13° 27' 35" W A DISTANCE OF 32.04 FEET; THENCE S 42° 54' 21" W A DISTANCE OF 33.85 FEET; THENCE S 84° 29' 48" W A DISTANCE OF 29.77 FEET; THENCE N 78° 55' 28" W A DISTANCE OF 17.36 FEET; THENCE N 49° 15' 57" W A DISTANCE OF 50.60 FEET; THENCE N 84° 23' 31" W A DISTANCE OF 20.88 FEET; THENCE S 83° 19' 49" W A DISTANCE OF 33.17 FEET; THENCE S 58° 14' 14" W A DISTANCE OF 23.90 FEET; THENCE S 29° 06' 29" W A DISTANCE OF 41.10 FEET; THENCE S 67° 30' 54" W A DISTANCE OF 25.27 FEET; THENCE S 81° 12' 35" W A DISTANCE OF 95.82 FEET; THENCE S 53° 22' 18" W A DISTANCE OF 65.58 FEET; THENCE S 38° 05' 16" W A DISTANCE OF 22.64 FEET; THENCE S 24° 34' 57" W A DISTANCE OF 40.05 FEET; THENCE S 10° 01' 37" W A DISTANCE OF 28.02 FEET; THENCE S 50° 59' 56" W A DISTANCE OF 32.96 FEET; THENCE S 82° 11' 38" W A DISTANCE OF 80.65 FEET TO THE WESTERLY LINE OF THE PROPERTY DESCRIBED IN BOOK 868 PAGE 977 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 00° 42' 46" E, ALONG SAID WESTERLY LINE AND THE EAST LINE OF MEADOWGLADE, A DISTANCE OF 462.18 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE -HALF OF THE JL HICKLIN DLC AND THE NORTHEAST CORNER OF MEADOWGLADE; THENCE N 88° 28' 50" W A DISTANCE OF 32.39 FEET TO THE SW CORNER OF LOT 21 OF CHERRY HILL ACRE TRACTS; THENCE N 01° 28' 28" E, ALONG SAID WEST LINE, A DISTANCE OF 399.95 FEET TO THE SOUTH LINE OF GALLO'S VINEYARD; THENCE S 88° 29' 59" E A DISTANCE OF 221.10 FEET TO THE POINT OF BEGINNING. -7- PDXDOCS:1908379.6 APN: Statutory Warranty Deed File No.: NCS- 361497A -OR1 (tc) - continued Date: 11/23/2010 EXHIBIT "B" 1. General and special taxes and assessments for the fiscal year 2010 -2011 are exempt. If the exempt status is terminated an additional tax may be levied. 2. Rights of the public in and to that portion of the land Tying within the limits of roads, streets or highways. 3. Rights of the public and of governmental bodies in and to that portion of the premises herein described Tying below the high water mark of Fanno Creek. 4. This item has been intentionally deleted. 5. Sewer easement, including the terms and provisions thereof, granted by Lawrence M. Bastian and Hilda Bastian, to the Unified Sewerage Agency of Washington County, a municipal corporation, recorded May 23, 1972, in Book 868, Page 455, Washington County Records. 6. Easement, including terms and provisions contained therein: Recording Information: September 27, 1985 as Fee No. 85038334 In Favor of: Unified Sewerage Agency of Washington County For: Sewer 7. Easement, including terms and provisions contained therein: Recording Information: June 22, 1998 as Fee No. 98066323 In Favor of: The City of Tigard For: Bikeway and pedestrian way Document re- recorded November 3, 1998 as Instrument No. 98123648 of Official Records. Amendment to Easement for Bikeway and Pedestrian Way recorded December /7 , 2010 as Instrument No. X7 /O -/e 7.S7 of Official Records. 8. Reservation of easement in Statutory Warranty Deed between Grantor: TIGARD - TUALATIN SCHOOL DISTRICT 233, an Oregon School District and Grantee: THE TRUST FOR PUBLIC LAND, a California non - profit public benefit corporation Dated: December /6 , 2010 Recorded: December /6 , 2010 Instrument No.: 701(9 / 0 1 733 . Page 11 of 12 APN: Statutory Warranty Deed File No.: NCS-361497A-OR1 (tc) - continued Date: 11/23/2010 9. Easement, including terms and provisions contained therein: 201 /0(7 Recording Information: December I6 , 2010 as Fee No. t6 In Favor of: Tigard- Tualatin School District 233 For: Stormwater Easement (Tract 3) 10. Easement, including terms and provisions contained therein: Recording Information: December 16 , 2010 as Fee No. 2o/0- 101737 In Favor of: Tigard- Tualatin School District 233 For: Stormwater, Sewer and Water Easement (Tract 4) 11. Easement, including terms and provisions contained therein: 0 Recording Information: December 16 , 2010 as Fee No. 2 0 (73 In Favor of: Tigard- Tualatin School District 233 For: Stormwater Easement (Tract 5) 12. The terms and provisions contained in the document entitled "Joint Maintenance Agreement" recorded December /6 , 2010 as Instrument No. 2010 of Official Records. By and Between Tigard - Tualatin School District 233, an Oregon school district and THE TRUST FOR PUBLIC LAND, a California non - profit public benefit corporation Page 12 of 12