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Bonita Road - BHK Properties HANNA, MCELDOWNEY & ASSOCIATES APPRAISAL - ACQUISITION - RELOCATION April 24, 1998 BHK Properties LLC 14280 SW 72nd Avenue Tigard, OR 97224 -8028 Subject: Agreement for negotiated settlement for a Warranty Deed and Temporary Construction Easement for the Bonita Road Improvement Project Dear Property Owners: The City of Tigard is planning the construction of the above named project. As you are aware through our discussions, property you own will be affected by this project. A Warranty Deed and Temporary Construction Easement will be necessary in order to give the City of Tigard the legal right to complete the construction of the road project. In exchange for executing the documents and granting the above rights, and subject to final approval by the City of Tigard, the agency agrees to the following: 1. To compensate you in full, for the Warranty Deed in the amount of $380.00. 4 yzOeioc) : 2. To compensate you in full, for the Temporary Construction Easement in the amount of 00 6 M` 74 3. To reestablish sidewalk, driveway, asphalt parking, signs and landscaping disturbed by project construction. 4. To save existing pine tree located in the temporary construction easement area. 5. To re -open the eastern driveway and parking area for use withinA'weeks after construction begins on the subject property. ` 6. To clean up construction debris at the conclusion of the project. oo The total compensation for the above property rights is $.1650.00. Payment will be made in 60 days kum after acceptance by the City of Tigard. Thank you for your cooperation. Sincerely, arvtip cE do ney, Agent By: / Y-21-1-1& ame /Title OproAi s D•2&C, Date Approved By: (• 4708 CO of Tigard 8835 S.W. CANYON LANE #405, PORTLAND, OR 97225 - (503) 297 -9588 FAX: 297 -2835 fo z TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that BHK Properties LLC, hereinafter referred to as Grantor, in consideration of the sum of TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($2,500.00) and other good and valuable consideration, more specifically described in the Letter of Agreement, paid by the City of Tigard, a municipal corporation of the State of Oregon, hereinafter referred to as Grantee, does hereby grant, bargain, sell and convey to the Grantee, its successors and assigns, a temporary construction easement for the purpose of reconstructing a parking lot and sidewalk as part of the Bonita Road project on the real property located in the County of Washington, State of Oregon, that is more particularly described as follows: See Exhibits "A" and "B" attached to and by reference made a part of this temporary construction easement This easement shall be effective from the date of signature and shall continue for a period of WWI --Wegjnidt is for the purpose above described. However, the parking lot and the east driveway I li/ shall not be closed to traffic for more than two weeks. Grantee agrees to hold Grantor harmless for all injury to person or property caused by Grantee's use of property for the purposes above described. The Grantee shall have the right at any time during the easement to enter upon the above described real property for the purpose hereinabove mentioned. In connection therewith Grantee may remove any trees, shrubs, brush, paving or other materials necessary or convenient to accomplish said purposes. Grantee shall repair any damage to the property caused by Grantee's use for the purpose above described. BHK PROPERTIES LLC. by _ ark Nords rom Operations Manager Date Page 1 of 3 • • • • EXHIBIT "B" LEGAL DESCRIPTION FOR CONSTRUCTION EASEMENT • A TRACT OF LAND SITUATED IN THE NORTHEAST ONE QUARTER OF THE SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE RIGHT -OF -WAY DEDICATED IN DOCUMENT NUMBER 90 -02163 OF THE WASHINGTON COUNTY DEED RECORDS BEING 30.00 FEET FROM THE CENTER LINE OF BONITA ROAD (WHEN MEASURED AT RIGHT ANGLES); THENCE S 89° 24' 53" E A DISTANCE OF 261.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 00° 35' 07" W A DISTANCE OF 38.06 FEET; THENCE S 89° 15' 02" E A DISTANCE OF 88.74 FEET; THENCE S 08° 45' 11" E A DISTANCE OF 14.87 FEET; THENCE N 82° 19' 51" E A DISTANCE OF 4.01 FEET TO THE WEST RIGHT -OF -WAY OF SW. 74TH AVENUE, 25 FEET FROM CENTER LINE (WHEN MEASURED AT RIGHT ANGLES) AND A POINT ON A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 1884.86 FEET A DELTA OF 01° 02' 42" (A CHORD WHICH BEARS N 08° 43' 46" W, 34.38 FEET), AND A LENGTH 'r. - r Oc 34.38 FEET; THENCE i 33 ° E' 01 " W A DISTANCE OF 10.40 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID • CURVE TO THE LEFT WITH A RADIUS OF 21.00 FEET. A DELTA OF 29° 57' 08" (A CHORD WHICH BEARS N 48° 56 35" W, 10.85 FEET), AND A LENGTH OF 10.98 FEET; THENCE N 63° 55' 09" W A DISTANCE OF 6.68 FEET TO A POINT • 30.00 FEET FROM THE CENTER LINE OF SW. BONITA ROAD (WHEN. MEASURED AT RIGHT ANGLES); THENCE N 89° 24' 53" W, PARALLEL WITH . AND 30.00 FEET FROM THE CENTER LINE OF SW. BONITA ROAD, A DISTANCE OF 69.37 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 3372 SQUARE FEET. Page3of3 . , - ---r-... . .- ! / • , I . , / 1 6. • 1 - . .. . , • BONITA ROAD . . .. _ . • rt • . 1 i A) : (I) ! ---1• ______ • • ':,. 1 i -- IN 1 . i . : . . . . , . •• . : . • . . . ,--. . . . . . 711*. : _L-• - 1 '-r.) \ r •■•■•••••------- \ - I 1 1 • .• \ 1 II. I • : • .• • l : • I • i • : • i • 1 I • I • : • .• • l I • i * \ . • - I I ' / . • • . • • i .4. .• ! \ --i . , . . . , . • . , . . . • . • . . '. i i i . • . . • . • • • -1- . . . • • . . • • ' • • • • . • • . • • . • • • • . . • . . • i . . . . . . . . . . . . . . . . . . . . . . . • . • • . , • . . . • • \ • - • . 1 Z- • . I • F \ • 1 2S1 12AC TL 600 \ ' ( .. I CONSTRUCTION EASIvIET . .* TOTAL AREA = 3372 SF \ , . \ LAKESIDE MOTO \ \ \ \ . , , i •I ' - I