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Resolution No. 10-15
CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- Ifs A RESOLUTION APPROVING THE PURCHASE OF THE SUIVIMER CREEK PROPERTY, ' LOCALLY KNOWN AS THE FOWLER PROPERTY, PORTIONS OF TAY LOTS 1S134DD01000, 1S13DD00900, 1S134DC03000, 2S103AB00100,AND 2S103AA00101 TIGARD, OREGON WHEREAS, the Summer Creek property lies within the City of Tigard adjacent to Fowler Middle School and generally bounded by Tigard Street, and Tiedeman and Gallo Avenues as depicted in Exhibit A; and WHEREAS, the Summer Creek property,locally known as the "Fowler property," is made up of approximately 43 acres of mature forests,wetlands, and streams (the " Summer Creek Property") as described in the purchase agreement attached as Exhibit B (the "Agreement"); and WHEREAS, the City of Tigard would like to acquire the Summer Creek Property to create a publicly-owned park land and open space;and WHEREAS, the City has been working iti conjunction with the Trust for Public Land ("TPL") to acquire the Summer Creek Property;and WHEREAS, the TPL has obtained an exclusive option to purchase the Summer Creek Property for the purpose of transferring die Summer Creek Property to the City for use as a park; and WHEREAS, the City will purchase from TPL die developable land of the Property, and TPL will donate the undevelopable land of the Property to the City; and WHEREAS, the City desires to authorize the City Manager to undertake all necessary tasks in connection with the purchase of the Summer Creek Property. NOW,THEREFORE,BE IT RESOLVED by die Tigard City Council that: SECTION 1: The purchase price is $5.33 million (the "Purchase Price"). SECTION 2: The purchase of the Summer Creek Property is contingent on the following: a. TPL's successful acquisition of the property. b. Utility easements granted to the Tigard-Tualatin School District stating that utilities installed shall not disturb the nature of the land. C. Property lot line adjustments to create the property of tax lots 1S134DD01000, 1S13DD00900, 1S134DC03000, 2S103AB00100, and 2S103A.A00101. d. Management and maintenance of the existing bridge on the Property to be assumed by the City. SECTION 3: The Tigard City Council hereby approves the purchase of the Sumner Creek Property. RESOLUTION NO. 10 - 157 Page 1 SECTION 4: The Tigard City Council authorizes the City Manager to take all necessary steps to purchase the Summer Creek Property,including execution of the Agreement and closing documents. SECTION 5: This resolution is effective irruiiediately upon passage. PASSED: This day of March 23,2010. Mayor- City of Tigud ATTEST: Lf I ,,ru City Recorder-City of Tigard ` Exhibit A—Summer Creek Property Map Exhibit B—Purchase Agreement with Exhibits RESOLUTION NO. 10 - 1� Page 2 Exhibit A T I� 1 nr swrDRL•ANDS- 1 W F- mT .J J 4. Y J a a a � � z_ w z 71QARD—M 0- Sr C4F2D'8T J 14lEI1DOW ST M�d+' :Q Lu � PCLY 8DALE PL aT S Lln JOHNSON' w a T r:RROL SY O+( 0 pP ZLL xJ F O Exhibit B � R AGREEMENT FOR E OF REAL pROPERT PCHAS + aka Fowler Middle School} S�TMMER CRLE� ( I AGREEMENT FOR PURCHASE OF' REAL PROPERTY (Summer Creel{, aIra Fowler Property) { i BETWEEN: Oregon Field Office The Trust for Public Land ("Seller") 806 SW Broadway Suite 300 Portland, Oregon 97213 Attn: Robert Betcone Office: (503)228-6620 FAX: (503)2284529 i AND: City of Tigard ('Buyer' 13325 SW flail Blvd. Tigard, Oregon 97223 Attn:Craig Prosser, City Manager Office: (503)718-2486 DATED: March ,2010 ("Effective Date") RECITALS A. Seller 'intends to purchase a portion of a larger parcel in Washington County, Oregon_(the "Larger Parcel"), described in attached Exhibit A. Seller holds an exclusive option to purchase approximately 43 acres that is part of the Larger Parcel, that certain zeal property located in Washington County, Oregon known as the Fowler or, alternatively,the Summer Creek property (hereinafter the"Subject Property"), shown in Exhibit B. The Subject Property includes any improvements, fixtures, timber, water and minerals located thereon, and any and all rights appurtenant thereto owned by Seller, including but not limited to development rights, timber rights,water rights, grazing rights,access rights and mineral rights. B. Buyer wishes to purchase the Subject Property from Seller and Seller wishes to sell the Subject Property to Buyer on the terms and conditions set forth in this Agreement for Purchase of Real Property (the"Agreement"). C. Seller shall use best efforts to aid Buyer by soliciting contributions to the ` Purchase Price (as defined hereinafter) fiorn the following entities: State Parrs, Oregon Watershed Enhancement Board ("OWEB"), Metro, Washington County (the "Coturty"), .AND Cleary Water Services. At the time of this contract the Seller has secured a pledge of contribution from the County in the amount of $400,000 and from Clean Water Services in the amount of $100,000. Buyer anticipates voter approval of a pleasure to issue approximately $15 million in bonds to find pairs and acquisition of open space and natural area ("Bond Measure") and that such bond proceeds will field a significant portion of the Purchase Price. In the event the Bond Measure is not approved or alternative financing cannot be arranged, Seller will provide a portion of the financing, all as described herein. This Agreement is not contingent upon the SQN4,1679?188494 3.docVLD1311G.7010 t i s successful attainment of any contributions ftorn other parties or voter approval of the Bond Measure. i NOW, 'ITIEREFORE, in consideration of the Recitals set forth above, which are contractual, and for other good and valuable consideration described in this Agreement, the receipt and sufficiency of which are hereby aelmowledged, the parties hereto agree as set forth below. SECTION 1 General Provisions 1.1 Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller$he Subject Property on the terms and conditions set forth herein. 1.2 Purchase Price. The purchase price for the Subject Property shall be $5,330,000.00 (Five Million Three Hundred Thirty Thousand Dollars)(the"Purchase Price"). 1.3 Purchase Terms. Subject to the provisions of Section 1.6 below,the Purchase Price shall be paid in cash on the closing date. 1.4 Future Action. During the term of this Agreement, Seller shall not, without the prior written consent of Buyer, execute or consent to the execution of any document,agreement or other instrument which may result in an alteration of the condition of title as approved by Buyer pursuant to the prelimfi iy title report; or impair the ability of Seller to deliver title to the Subject Property to Buyer. 1.5 Possession. Except as specifically set forth in this Agreement,there are no leases, licenses or other agreements permitting,nor has Seller entered any course of conduct that would permit any person or entity to occupy or use any portion of the Subject Property. Seller shall deliver immediate and exclusive possession of the entire Subject Property to Buyer' at closing. 1.6 Seller Financing Option. In the event the Bond Measure does not pass or Buyer is otherwise unable to obtain adequate and acceptable financing to acquire the Subject Property (in Buyer's sole discretion), Seller hereby grants Buyer the option to borrow an amount up to $1.8 million from Seller. Such option shall be exercisable at the sole discretion of Buyer by delivering written notice to Seller at least 60 days prior to the closing date. If Buyer exercises such option to obtain Seller financing, such financing will be unseczu-ed and evidenced by a promissory note, which shall bear terms and be in the form attached hereto as Exhibit C. SECTION 2 Conditions Precedent to Closing 2.1 Seller's Vesting. This contract shall remain contingent upon Seller's successful acquisition of the Subject Property. Seller shall not be obligated to exercise its option with the current owner of the Subject Property. 50014-36792 188494 3.darULD131162010 ' E s 2.2 Parcel Creation. The Seller,at its cost, shall arrange for the creation of the j Subject Property by lot line adjustment process,separating the Subject Property from the Larger Parcel. 2.3 Title Review. Buyer shall review and, at its sole discretion, approve the condition of title including any reserved easements or proposed easements. The Buyer understands that if funds are accepted from Other parties,including particularly, OWEB,Metro, Clean Water Services and the County,that those funds will or may be linked to new encumbrances on the Subject Property. An OWEB contribution of funds will be tied to a conservation easement that will forever limit the use of parts of the Subject Property, excepting part of the ball field,to natural area protection:and environmental education. Metro fields will similarly necessitate a conservation easement that is anticipated to accommodate active ; recreation. 2.4 Contingency Failure. In the event any of the contingencies set forth in Section 2 are not timely satisfied or waived, fora reason other than the default of the Buyer or the Seller under this Agreement,this Agreement and the rights and obligations of the Buyer and the Seller shall terminate, except as otherwise provided. SECTION 3 Seller and Buyer Representations Seller's Representations. Seller makes the following representations: 3,1 Seller has full power and authoiity to enter into this Agreement. 3.2 Seller has not entered into any other contracts for the sale of the Subject Property or any portion thereof, nor do there exist any rights of fust refusal or options to purchase the Subject Property (except for the option described in Recital A of this Agreement). 3.3 Within Seller's knowledge,there is no suit, action, arbitration, legal., administrative or other proceeding or inquiry pending or threatened against the Subject Property or pending or threatened against Seller which could affect Seller's title to the Subject Property, affect the value of the Subject Property, or subject an owner of the Subject Property to liability. The representations and warranties of Seller contained herein shall be effective through the close of escrow. Buyer's Representations. Buyer makes the following representations: 3.4 Buyer has all requisite authority and power to enter into this Agreement. 3.5 Neither Buyer's execution of this Agreement nor its taking any of the actions contemplated Hereunder will violate any City, Comity, State or Federal Codes or Ordinances,or other governmental regulations. 3.6 The representations and warranties of Buyer contained herein shall be effective 5001,1-36792188-!9,1 3.docULLV311612010 through the close of escrow. SECTION 4 Closing and Escrow 4.1 Escrow. Upon execution of this Agreement, or as soon thereafter as is convenient,the parties shall open an escrow with First American Title,National Commercial 3 Services, 200 SW Market St.,Portland, Oregon(the "Escrow Holder")for the purpose of closing the purchase and sale of the Subject Property. s 4.2 Closing. Closing on the purchase and sale of the Subject Property shall occur no later than March 16,2011 or as soon as practical following Seller's vesting to title. This is a,date . anticipated to complement the Seller's exercise of its option with the Current owner of the Subject Property,the application and approval and recording of 12 lot line adjustments to create the Subject Property, and the availability of Rinds to Buyer from various sources. 4.3 Seller to Deliver at Closing. 4.3,1 Title. Title shall be conveyed to Buyer, via statutory warranty deed (the"Deed")and shall be free and clear of all title defects,liens,encumbrances, deeds of trust, and mortgages except: (a)the standard printed exceptions on a farm of title insurance policy; (b) the special exceptions showing on the First American Title Preliminary Title Report, Order No. 361497 (Exhibit D); and(c) utility easements to serve parcels along Tigard Street in accord with. Exhibit E and a reserved easement in substantial accord with Exhibit F, and (d)a bridge maintenance agreement in accord with Exhibit G. At the close of escrow, Escrow Holder shall cause the Deed to be recorded in the official property records of the County and shall subsequently deliver conformed copies of the Deed to the parties. 4.3.2 Proof of Authority. Such proof of the Seller's authority and authorization to enter into this Agreement and consummate the transaction contemplated by it,and such proof of the power and authority of the persons executing and/or delivering any insh-uments, documents,or certificates on behalf of the Seller to act for or bind the Seller,as inay be reasonably required by the Title Company and/or the Buyer. 4.3.3 Nonforeign Certification, The Seller represents and warrants that it is not a"foreign person" as defined in IRC §1445. If required by the Buyer, Seller will give an affidavit to the Buyer to this effect in the form required by that statute and related regulations. 4,3.4. Closing Expenses and Fees. The escrow fee shall be paid one-half by Buyer and one-half by Seller. Seller will pay the premium on the ALTA title policy insuring Buyer's interest. Real estate taxes,if any, on the Subject Property shall be prorated between the Seller and Buyer as of the close of escrow based upon the latest available tax bill. Other fees and charges shall be allocated in accordance with the customary practices of Washington County, Oregon. 50171!-36792 188494 3.dorVLU/311&21110 4.3.5 Title Insurance. Buyer shall be provided with a standard ALTA owner's policy of title insurance, at Seller's expense,in the full amount of the Purchase Price insuring that title to the Subject Property is vested in Buyer upon close of escrow subject only to the exceptions noted in Section 4.3.1. SECTION 5 Defa;dts and Remedies. 5.1 Buyer's Default and Seller's Remedies. If Buyer breaches this Agreement, which breach Buyer fails to cure within twenty(20) days after receipt of written notice thereof from Seller,Buyer shall be in default hereunder and Seller shall be entitled, as Seller's sole exclusive remedy,to terminate this Agreement. If closing does not occur solely due to Buyer's default, Buyer shall pay all escrow cancellation charges. 5.2 Seller's Default and Buyer's Remedies. If Seller breaches this Agreement, Which breach Seller fails to cure within twenty(20)days after receipt of written notice thereof from Buyer, Seller shall be in default hereunder and Buyer shall be entitled to terminate this Agreement or pursue an action for specific performance. If closing does not occur solely due to Seller's default, Seller shall pay all escrow cancellation charges. SECTION 6 Miscellaneous 6.1 Environmental. Seller has commissioned an environtuent-al assessment of the Subject Property by a qualified environmental professional at Geodesign Inc. following ASTM Practice E 1527-05. Said assessment indicated no "recognized environmental conditions" as defined by the standard. Buyer accepts the environmental condition of the Subject Property based on the referenced report together with staff inspection prior to closing. Nevertheless, _Buyer understands that the environmental assessment suggested that further investigation of potential septic systems and associated debris be undertaken. If OWEB funds are to be used in the purchase of the Subject Property, Buyer understands that potential remediation of said septic systems and debris may be required. Buyer accepts the responsibility and cost of said further investigation and potential remediation. 6.2 Notices. All notices pertaining to this Agreement shall be in writing delivered to the parties hereto personally by band, courier service or Express Mall, or by first class mail, postage prepaid,at the addresses set forth on the first page of this Agreement. All notices shall be deemed given when deposited in the mail, first class postage prepaid; addressed to the party to be notified,or if delivered by hand, courier sei vice or Express Mail, shall be deemed given when delivered. The parties may, by notice as provided above, designate a different address to which notice shall be given. 6.3 No Broker's Commission. Each party represents to the other that it has not used a real estate broker in connection with. this Agreement or the transaction contemplated by this Agreement. In the event any person asserts a claim for a broker's commission or finder's fee -50014-3679218819.1 3.dacV7.W3116.1201 D . r against one of the parties to this Agreement, the party against whorl the claim is asserted will hold the other party harmless from said claim. 6.4 Time of the Essence. Tune is of the essence larder this Agreement. 6.5 Binding; on Successors. This Agreement shall be binding not only upon the parties but also upon their heirs, personal representatives, assigns, and other successors in interest. Neither party shall assign its rights and/or obligations Under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. 6.6 Additional Documents. Seller and Beyer agree to execute such additional documents, including escrow instruotlons, as may be reasonable and necessary to carry a-at the provisions of this Agreement. 6.7 Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between Seller and Buyer pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision., whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party malting the waiver. 6.8 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one and the sarne agreement. 69 Severability. Each provision of this Agreement is severable front any and all other provisions of this Agreement. Should any provision(s) of this Agreement be for any reason Unenforceable, the balance shall nonetheless be of full force acid effect. 6.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 6.11 Statutory Notice under ORS 93.040. TIS PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT,IN FARM OR FOREST ZONES,MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.430,IN ALL ZONES. 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, CHAPTER.424, OREGON LAWS 2007. BEFORE SIGNING OR ACCEPTING TH1S INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO 50014-36792 1884943.dacVTW31162010 VERIFY THAT THE ITNIT 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 VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY, UNDER ORS 1.95.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. 6.12 Damage or Destr'action; Condemnation.Until.the transfer of legal title,the risk of loss shall be retained by the Seller. The Seller shall keep the Subject Property fully insured until the transfer of legal title. In the event of any material portion of the Subject Property is damaged, destroyed, or condemned or threatened with condemnation before the transfer of legal title,the Buyer may terminate this Agreement. In such event,this Agreement shall have no further force or effect whatsoever. If a norrinaterial portion of the Subject Property is destroyed then 13tiuyer is obligated to close this transaction as provided for herein and to pay the full purchase price to the Seller. In such event,the Buyer shall be assigned all insurance proceeds or condemnation proceeds payable to or for the account of the Seller. 6.13 Attorneys' Fees. if any action is instituted between Seller and Buyer i-1 connection with this Agreement,the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including,without:limitation,attorneys' fees and costs, as fixed by the court therein, at trial or on appeal. In addition,if either party incurs attorneys' fees or costs in successfully enforcing any right tinder this Agreement, such attorneys' fees and costs shall be recoverable from the other party hereto. IN WITNESS of the foregoing provisions the parties have signed this Agreement below: BUYER: SELLER: CITY OF TIGARD THE TRUST FOR PUBLIC LAND By: By: Title: Title: Date: Date: Approved as to Form: By: 30014-36793 188494 3.dnc!ULD/3/!6/3010 Titte: Date: Exhibit A--Larger Parcel Exhibit B—Subject Parcel Exhibit C—Note for Exercise of Loan Agreement Option Exhibit D—First American Title Preliminary Title Report Order No. 361497 Exhibit E— Utility Easements Exhibit F—Reserved Easement Exhib4 G-Bridge Maintenance Agreement 50014-36792 188494 3.docULD.13IM12010 • � E I • I! • � i E E E,MMIT A—Larger Parcel(Attached) Real property In the County of Washington,State of Oregon,described as follau+ls: PARCEL f. LOTS 1 THROUGH 6 INCLUSIVE AND LOTS 71 AW 22 OF CHFRERY HILL AC-RE.- RACTS;ASSI40WN.BY•TEdE,aFFICtAL PLAT. T3-EFREORON.FILE.IN l BOOIC 4,PAGE 17 OF PLATS,IN THE CITY OF TIGARD,COU1�'aOF WASHINGTON,STATE OF OREGON. c PARCEL 2: BEING PART OF THE DONATION LAND CL.AIME OI;N.L.HICI<LT�E3�Eill7 MARTHA HICKLIN,HIS WIFE,,CLAIM N0.W-ji It�EG FARTS OF SECTIONS 34 AND 3S IN TOWNSHIP 1566TH,RANGE 1 WEST,ANIS -- CLAIM NO.37 BEING PARTS OF SEz O�5 AND 3 TOWNSHIP 2 SOUTH,IRANGE 1 WEST,WILJAMETT �'IE TAN,THIl-RACTTO l3E gF CONVEYED IS DFSCRMEE)AS MLLOWS. ; �� BEGINNING AT A POINT ONt-THE DIVISION LINE Ia.3'SAID JOHN L HICKLIN CLAIM,23.06 CH .�-��t�T OFTHE SOUTHST CORNEROF THE NORTH HALF OF SAID C[A-MSAl�R,UNNING TH �NbRT`H PARALLEL WITH THE WEST LIT<1O111Ti T HALL sAID CWM,,15.106CHAINSTOTHE M- TE •+ENRtg �5AID.t ORTH HALF OF SAID CLAIM;PENCE WEST ON Tif E�k"TER���"4F SAID NOERTii HALF OF SAID C '_'M;3.302 CHAIQ-;&ENCE SO,i�f3-T PARALLEL WITH Ti,[[S8MVVEST �RII .F SAID N4RT,T HALF OF SAID CLAIM, 15.105 CHAIi!l8;HE AFO ESAID Divisi6kpig,OF SAID CLAIM;THENCE EAST a.30=,r-..FI TINS TC Ti iE PLACE OF [NINC7. BEGINNIN T A POIfJ LI�-�189 5z!EAST 928.3 FEET FROM A STONE ATTTi [ORTH Eq-'tORNER.OI"THE SOUTH ONE-HAL-F OF T"�'� L THE J.L,HIC C3�..N DONATION LAND CLAIM IN SECTION 34, � OWN51iIP 15' E1TH,RANGE 1 WEST OF THE WILLAMETTI ME=RIDIAN, . {HINGTONRNTY,OREGON,SAID POINT BEING ON THE NOIRTH THE;SC}N--HAI F OF SAID CLAIM,AND BEING THE NOR'-0 ,S f?RNER OF THAT TRACT DESCRIBED IN DEED TO LEONARD E AYNE,ET AL,RECORDED SEPTEMBER 19,196D,IN DEED EODK 4R PAGE?543;THENCE ALONG SAID CLAIM LINE,SOUTH 69 52' EAST 245.0 FEET TO THE NORTHWEST'CORNER OF THAT TRACT r)ESCRIBED IN DEED TO MERLE W.SCHROEDER,ET UX,RECORDED JUNE 23,1958,IN DEED 001(406 PAGE 58-THENCE SOUTH 0.10' EAST 1063.4 FEETTO THE CENTERLINE OF COUNTY ROAD NO.494, THENCE SOUTH 89 JW WEST 245.9 FEET ALONG THE CENTERLINE OF SAID ROAD,TOTHE SOUTI-IE=AS'T CORNER OF SAID PAYNETRACT, THENCE NORTH D 10'WEST 1067.3 pE1 f To THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION AS CONVEYED BY DOCUMENT I i R i RECORDED MAY 8,1975 IN BOClf: I0Z2,PACS 4LDJ,OF OFrECIAL RECORDS OF WASHINGTON COUNTY,OREGON, PARCEL 4. BEGINNING ATA POINT'SOUTH 89 5X EAST 683.9 FEE-7 FROM A STONE AT THE NORTHWEST CORNED OF THE SOUTH ONE-HALF OF THE 3.L f-IICKMAN DONATION LAND CLAIM,IN SECTION 34, TOWNS€-iIP.A SOUTH,.RANGEI.WEST.OF7HE.WILIAMETTE.MERMJAN, IN WASI-CTNGTON COUNTY, OREGON,SAID POINT BEING%mmay NORTH LINE OF THE SOUTH ONE-HALF OF SAID CLAIM!•..; ENCE4 SOUTH 89 5T EAST 7 ,A e_94.4 FEEL ALONG SAID NORTH .c THE w SOUTH ONE-HALF OF SAID CLAIM;THENCE SO O5ST 1067.3 FEET"TO THE CENTER LINE OF COUNTY ROAD NCI`994; CC SOUTH 89 14'WEB€-2-44.4 FEET ALONG THE CEM INE OFS�TR ROAD;THENCE NORTH B SID'WEST 1071.Z� TO E POINT'€Jr BEGINNING. DCCEPTING THEREFROM THAT PORTIQtxONVEX !)BY[)OCUMEM Y RECORDED MAY 8,1975 IN-BOOK 1022,PA F,401,{•}I=6mCIAl RECORDS OF WASHINGTON COUNTY,OREGQN PARCEL 5; '"wl: s. f THE WEST ONE-HALF OF THD SCRIBMISES: MA, ,. COMMENCaNG,ATA SiAICC IN TH ±S tL H LTl�€[ I E NOR I,f€A1I " {� - END CLATV IN SECTION 34, OFTHP IDF# �l,I[?iCLIN DONIITIL�S)] TOWN fL 1 SOGTT��F3ANGE 1 WEST}_WILLAMETTE MERIDIAN,IN THE CalfWASHINQN AND STAOF OREGON,23.06-C:HANS EAST FROM,.,E SOT�WEST CORNI:I�.'Q�'''THE SAID NORTH HALF=OF THE CLAIM; UWNIN(���I����C�,�IORT�ffPARAtlEL,WITH THE IV sr r I9I TSF SAID4Ere' Afl�i NO THE CENTER LIFE OF SAID is RI'A` �OF ;THENC ST ON SAID CENTER LINE 6.62 �' C€PAINS;T IyICir 5 -PARALLEL WITH THE WE LINE OF SAID CLAIM 15 07re€..iAINS`� T;{9SOUTH llNE OF SAID MORTH HALF OF PCLAIM;`IHHEI���'M�ULSToNTTHE SOUTH LINE 6.62 CHAINS TO THE ALACE OF BEG KING. ` Ply - 6: M� ��� ,ter A VWyLAND IN THE SOUTHEAST OF SECTION 34,TOWNSHIP� SOUTH,rMGE 1 WEB€',WILLAMETTE MERIDIAN,WASHINGTON COUNT',OREGON, MORE=PARTICULARLY DF-9CCRIBED AS FOLLOWS: BEGINNING AT THE 5aUT[-iWEST•CORNER.OF mqm'TRACT DESCRIBED IN DEED TO LAWRENCE MARTIN BASTIAN,F- UX,RECORDED NOVEMBER 15, 1961,IN E1091C 45,3, PAGE 121.,.WASHINGTON COUNTY DEED RECORDS,BEING 17,40.75 FEET EAST OFTHE SOUTHWEST• CORNER OF THE NO€I*H OF THE JOHN L HICKLIN DONATION LAND CLAIM;THENCE NORTH,ALONG THE WEST LINE OF SAID HASTIAN TRACT,994.95 FEET TO THE NORTHWEST CORNER THEREOF,BEING A POINT ON THE CENTER LINE OF THF.NORTH OF SAID CLAIM,BEING ALSO A POINT IN THE CENTER OF S.W.7IGARD ST.;THENCE EAST, ALONG SAID CENTER LINE,437.0 FEET TO A POINT;THENCE SOUTH, PARALLEL WITH THE WEST LIME OF SAID BASTIAN TRACT,994.95 FEET TO A POINT IN THE SOUTH LINE OF THAT TRACT DESCRIBED IN DEED TO LAWRENCE M.BAST'IAN,Er UX,BY DEED RECORDED AUGUST 3, 1991,IN BOOL(323,PAGE 360,,SAID DEED RECORDS;THENCE WEST ALONG THE SOUTH EINE OF SAID BASTIAN TRACT",437.0 FEET TO THE POINT OF BEGINNING. PARCEL/: THE FOLLOWING DESCRIBED TRACT OF LAND BEINC.,,�i1ATE-E3 IN SECTIONS 34 AND 35,TOWNSHIP I SOUTH,RANG WILLAMETTE MERIDIAN,CITY OFTIGARD,WASHTfffC3Td1V`�OTY, OREGON: aINNS, BEGINNING AT A POINT ON THE SOU`FlE OF THE NORTH HA11a�r - �!f M T f IE JOHN L HIC[UN DDNAfI{7{V lAM { M 8OUT. $9 a�5`30" 2,1.77.75 FEET FROM TETE SOUTi EWE�STM ER OF,RAID NORTH HAEI THENCE NORTH DD 02'09"1f4fESr,970.5I -1 lT E= OUTH RIGHT-OF-WAY LINE OF S.W.'iIGARD AVEN ,&MCE ALONG SAID RIGHT-OF-WAY SOUTH 89-�9.�38"EAST 501..33 F�,TO THE CENTER OF FAiyNO CTiEE1C,THENCE"Ti$L IMG TI1E CEE1EEl E F FANNO CREEK SOUTEi 9.9 21,'lin,EA�=3'C"''I FST;TiTENCE WEST 27.€35 FEET;THENCE 5 i!]7 GE 5:'WEST ltl���9 FEET; THENCE SOUTH 39 51.'36"WESI-79.56 FEErr 3Li�lCL u�OUTH TT9 43' 3Esn,1NE5TE32 3nFE"ETTO THE�If3liLSI"C AS DESCRIBED IN DEED OO E#$G`Ty-GE ;7T-FWC SOUTH rg:09'01."WEST 366.64 F,�TO THOLrTI-3WC5F C%RNER AS)DESCRIBED IN DEED GE 14 ' ENCE NORTH`B9 59`30"WEST 1.45.23 FEET TO'ffiE ` ,-JAMyS170RNERAS DE�EN__MED IN DEED 6©DiC 91.5,PI fE 3y3r ;NC LON9�FHE WEST'LINE OF LAST SAID rt7frG . OUT#! .'3a"N pE� . €s. FEET T QK 618, G 95�TNTI CEST ALONG �L ,s��meq. I TLS' DEC IN THE W _ E OF iJ SAID DEED SOUTH DD 24•`Dia",EAST`1.65.56 FEET TO T OUTH t� p THE NORTH HALF OF SAID DONATION ` faI LAND CT.AIME;t ii NCE N[TRTH 89 59'30-WErST 84,29 FEET TO THE j JOINT Or E3EGJ�NING." P kEL E3: BFGIEIIT I -AT AN IRON PIPE ON THE NORTH LINE OF THE SOUTH ONE-1 TA OF 7HE J,L HICI€M DONATION LAND CLAIM!IN SECTION 34,TOeNSi p 2,SOU7E-E,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN WASHINGTON COUNTY,OREGON,SAID BEGINNING POINT BEING SOUTH 89 52'EAST 1.1.73.26 FEET FROM A STONE-AT THE NORTHWEST CORNER OF SAID SOUTH ONE-HALF OF SAN CLAIM, AND RUNNING THENCE SOUTH 89 52'EAST 246.2D T ET TO TE-EE;IRON PIPE ON THE NORTH LINE OF SAID SOUTH ONE HALF OF SAID CLAIM; THENCE SOUTH 0.4V EAST 1.059.5 FEET TO A POINT IN THE CENTER OF COUNTY ROAD NO,494,THENCE ALONG VE CERM OF SAID ROAD SOUTH 89 1.4'WEST 246.2 FEET,THENCE NORTH 0 49 WEST 1.053.4 FEET-TO THE PLACE OF BEGINNING. SAVE AND EKCEPT'THE SOUTH 200 FEET THEREOF,THE NORTH LINE OF AOD 200 FOOT PORTION BEING PARALLEL.WITH AND 200 FEET DISTANT FROM,WHEN MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE TIiEREOF. PARCEL 9: ALL-THAT PORTION OFTHE-FOLLOWINGDESCRIBED-LAND LYING... WESTERLY OF THE WEST LININ OF S.W.TIEDEMAN AVF.NI&moi BEGINNING AT AN IRON PIPE ON THE DIVISION L.INF�,WMEEN THE NORTH AND SOUTH HALF Or-THE JOHN L.I$Ci(UNp,_ON,•TkQN LAND CLAIM,BEING CLAIM NO.54,IN TOWN5!-L7EP i SO[t1,ANftlM NO. 37 IN TOWNSHIP 2 SOUTH OF RANGE 1 WE�. �IF'FHE WILIXM MERIDIAN,WASHINGTON COUNTY,OREGO�R—;..T'485.1 SOUTH 85 03'WEST'FROM THE LINE B 1ffl SECTIONS 34 AND7 M� $.� TOWNSIEP 1,SOUTH,RANGE I IMES U.,�NNING THENCE SOUTH 411.3 FEF ,THENCE SOUTH 89 7.3`1749 4.3 FEI~];�HENCE NORT I 410.0 FEETTO THE ABOVE DESCRIBED DIMAON4- N_THI;PlCE rte. �.W..[d NORTH 89 O3'EAST 424.7 FEETTOTHE PLACL��201� BEGINNING. PARCEL 7.0:BEGINNING AT A PDINT 215-3. 0-°.=' Ep SOUTH 0 WEST 411.3 FEET FROM TH sNO W 8 OS T R O THE SOUTH Mr ONE-HALF OFT E JOHN L. HICICLIn�G}�1ATION-,ffAND CLAIM, TOWNSL-1TPS RANGE 1 WlTrOF THE WILiAMFTTE MERIDIAN, VASHI CON 05T7NY,OREGON,THENCE SOUTH 1 0'WEST 330.7 gE 5OUl 1-�9 1N'VEST 4 6 2 FEET;THENCE NORTH I n' ' EAST 34M,��XF� ;'I CE SOUTH 89 7 CAST 47_6.2 FEET TO THE �}>~$E(I17 -° ` mog :. W-HE FOLLOti71 G DESCIIIB>wD P#IOPERTY,SITUATED IN THE COUNTY `gam OF WASHING AND Sj- l E OF OREGON: B �BtGINNING AT"'flt IRON PIPE ATTHE IPITC-RSECiTON OF ROADS AT Ytilg 20UTHI*AA CORNER OF THE J.M.B.SELLWOOD 35.383 ACRE TIxAt IL�1 Tij; OUM ONE-HALF OF THE J.L.HICKLIN DONATION LAND c1 .II >[ SECTION 3,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WII�-1�fF_M MERIDIAN,IN WASHINGTON COUNTY,OREGON, SAID BIrGINNING POINT BEING Soum 89 52'EAST 7_7.5.3.5 FEET AND SOUTH I OW WEST 1048.6 FEET FROM A STONE AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF SAID CLAIM,AND RUNNING THENCE IN THE CENTER OF COUNTY ROAD NO.494,SOUTH 891.4' VVEST,126.2 FEET;THENCE.NORTH 1 On!EAST 306.6 FEELTO AN IRON PIPE;THENCE NORTH 89 14!EAST 426.2 FEET TO THE CENTER OF COUNTY ROAD NO.495;TIiENCE SOUTH 1 00'WEST 306.6, FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DEDICATED TO THE CITY OF t I a i TIGARD FOR STREEf PURPOSES BY INSTRUMENT RECORDED JUNE 18, i 1999 AS EW NO.99D73966. i PARCEL 12: SEGINNJXG AT AN IRON PIPE ON THE NORlli LINE OF THE SOWN ONE.HAALF OF THE I.L.HICIGM DONATION LAND CLAIM IN SECTION 34,TOW14SHIP 2 SOUTH,RANGE 1 WLST WILLAMETTE MERIDIAN,IN I WASHINGTON COUNTY,OREGON SAID BEGINNING POINT BEAR _.. SO"B9 5Z EAST 14.19.6 FEET FROM A STONE AT THE NWEST CORNER OF SAID SOUTH ONE-HALF OF SAIL?CLAIM,ANV U�1 ING THENCE SOUTH 89.521 FAST 307.84 FEET,THENCE SQ5L'%I 110'WENT 1055.3 FEETTO A POINT'IN THE CENTER OF COUT.W�OA!?,N0.�9 THENCE ALONG THE CENTi ER LINE OF SAID RQA0. OUTH 4'WEST 277.14 FEEL,THENCE NOR`1H 0 4W WEST 10 _ OF BEGINNING. it . �w AF ef 610 I;XIDBIT B--Subject Parcel(Attached) 3 i �m 9 Rig rr ` � 1 m"" not. ,!.!•••-r.•!.r-!'f' d t+¢.�11x.1� O[]<L6�Vl U i,r•r•r,r J' r -�J,r:r�.f•rrr..;r;r i'i.•i•!�.fr. � W it ¢4 � f r•r,I'.;lir.rr'.?r!'.frf'r•'.r!r'i. � tp�-�a?��Kt i_r�✓,r,'i r,.r,qi-i•J i_i!}r;•'r;f,i'r.•r r' ! f- r!i!r'i i.•;r:r.r'r,r•:i`!i•.•;i;i i';._'i'i i�.'r+s%;i;r i! .� r•r•r•r'r j�'F'�`i;i� r'r�!:r:is!.:r r;. � •r•r'r r- r r !.!'• r �r•r• iV i i.!.!.!•r'r+(•�-!'y��;iji'r r'r,r;i,r ,r:.�•i .J r +. 'S sr ;r:r-r. r•1•r r'r;rlrrrl;•- .' r r r r rL r 1 toil; �n t.3 O - �t7� '•� •;i r_"+ill rU L73 ' N "tad •r'1,�'r-. tY ISO Z;. U A ti•r• r.r•r � tl �'.'�r i•r, 'r i, tri 4l {17 h • U� m � cn to s1 i -Uc o DUN • i i� � e 8 7" EXH EIT C--Note I+or Exercise of Loon Option(Attached) f 3 EXHIBIT • i RV1f.IL.RSSVRY Nt/TLi March ,2011 (Up to a maximum of$1,500,00Q.00) Portland, Oregon FOR VALUE RECEIVED,the undersigned,TIW CITY OF TIGARD,a political subdivision of the State of Oregon("Borrower"),promises to pay in lawful money of the United Stags of America to the order of T7HE TRUST FOR PUBLIC LAID, a California nonprofit public benefit corporation-("Lender"), or the holder of this Promissory Note("Note"), or to such other persons or at such other places as the holder of this Note may designate,the principal stun of _ DOLLARS (U.S. ),together with interest thereon at the rate equal to amounts set forth below. a. For the period beginning on the date of this Note and continuing through March 2012(the one year anniversary of the Note),the Note shall bear interest at the rate of3,25%%'(thee and a quarter percent)per annum on the unpaid principal balance of the Note. b. For the period beginning on March_,2012, and continuing thereafter until the Note and any accrued interest has been repaid in full,the Note shall bear baterest at the rate of 5.25% (six and a quarter percent)per annum on the unpaid principal balance of the Note. 1. Paments. The entire principal balance of this Note and all accrued and unpaid interest shall be due and payable on March,_, 2013 (the data two years Rom the date of this Note). Interest on finis Note as set forth above shall be payable quarterly,beginning on June_,2011, and continuing quarterly (on each three-month anniversary)thereafter until the Note is repaid in full. 2. Prepayment. Borrower, at its option and at any time,may prepay all or any part of the principal of this Note,without penalty. Any such prepayment shall include all acemed but . unpaid interest though the date of such prepayment. 3. Default and Acceleration, If Borrower fails to make any payment of principal or interest when due hereunder and Lender delivers written notice to Borrower of such failure and Borrower fails to cure by malting such payment within hive (5)business days of such written notice, Borrower shall be deemed to have committed an Event of Default in which case,tlien, or at any time thereafter, at the option of the holder of this Note,the principal surra,and all accrued interest then outstanding shall become immediately due and payable without further notice and,whether or not this option is exercised, this Note shall thereafter bear interest at a per annum rate equal.to i gEXH',MIT Qj Ir 53 _/ 1'1 LT y twelve percent(12%), and the holder of this Note may pursue any and all other remedies available to it hereunder, at law and in equity. Failure to exercise this option, or any other right the holder may in such event be entitled to, shall not constitute a waiver of the right to exercise such option,or any other right,in the event of any subsequent default. i 4. Waiver of Presentment,Etc. Borrower hereby waives presentiment, demand,protest, notice of nonpayment hereof, any release or discharge arising from any extension of time, discharge of a prior party, or cause other than an actual payment in full hereof, and promises to pay, in addition to the fall sum of principal and interest, all costs of collection,including reasonable attorneys' ibes and court costs, incurred by the holder in protecting or enforcing its rights under this Note, including any and all banluuptcy and appellate claims,actions or proceedings. S. Business P=ose. Borrower hereby warrants to the holder hereof that this Note is given in c�nncction with a transaction entered into exclusively for commercial or business purposes. 6. Governing Law. Borrower agrees that this Note shall be deemed to have been made under and shall be governed by the laws of the State of Oregon in all respects,including matters of construction,validity and perforniance and that none of its teres or previsions may be waived, altered,modified or amended except as the holder of this Note may consent thereto in writing. 7. Time is of Essence. Time.is of the essence of this Note and of the payments and peiTormances hereunder. Executed as of the day and year first above written, THE' CITY OF TIGARD, a political subdivision of the State of Oregon By: Name: Title: Approved as to form: 2 l f r E,XHTBff D--first American Title Preliminary Title Report Order No.361497 (Attached) r3retfima3ca-rudoPro ,. •�.�.1�1J als k 4 EEom Reports '1Qoci�di}pnb Sit; - p]atterl, asauta�t y� lfl La�rii�Peacrlptron FeKYnfvij�ativ3,t,�l�i_etWi --��'' ,, •'.hle �a-'�� -l;^¢. -v- � *.1w-{�,4 t 1-�-.dl`s r}i�.s�`�`j`' •.5��r�+'`�'k'd ��3„'�ti; ":r' ��,�iu'._, n` ,.���•'�, 4DIF IMT RLQ 1 a.r xut Ari Printer Fri - FiirstArnerlcan Titles Insurance Company National Corninercial Sgnrices 200 SW Market sueet,suite 250 potiland,Oregon 07201 FzCiiI'.rirofficer •iiKeVormey[le Phanm (1503)790 7852 Fax: (503)795-7614 E=-mail tchoynrrC littam.cvrrre Flie lVo; NCS 67�t97-(}R� -fide didcox., 3annIRW L Watson Phone; (5133)790 71366 rax: (503)795-761 E—mail jewa1S*n@fir=rn.e0tn File No: KCS-36:097-DRI 2ND SUPPLEMIEPiTAL,PRELIMINARY TITLE REPORT ALTA amma5tarAndCammpe rlaWRY # ZURpM'*jrri $ ALTA OVM='rxtatdedCoVempa t1d*W # prenlwnl $ ALTA LWOMSN&RlCaVraga WNW $ Premlunt & Aj-TA LuWm Werdad Cmtura go 1FHRY # Premium $ ALTA Ltaaehndd SMIAW C=raga 0ahluf $ Pmntklm # AITAimsdi ddrwtindadCts mon LIa1111>ly, $ PWJMm # Rldwsanents LEsriTty # premhmi # Govt r&vVm Carpo Cwt $ Other $ W$asp prepared to issue llde Insstranca Policy or Policies in the farm and Amount shown above,idisvrir+g titie t u Ule Fallowing descrlbed land: The land reFemed irr in this report is described in rxhlbit"M attached hereto. and as of 13emmber 4,2006 at$100 a.m.,title Yested in: 5cl ool pistvict#2$ ar Washington County,OR Subjeclto the&xMptlons,a;tcluslons,and stipulaflons whid-1 are ordinas•ily part of such Policy farm and the fallowing: EXIMIT -D PACAIt F 1. City llerw,11 any,idr the city oFTrgard. kgrlrearm.a�:n��c=+�n�a��aavasn.�r�aeav�ss-ts,azsxcaos9srnra��+�uu1(r or,owzsnoo4xuxta r� E saenaclUn-�'ag�a e,a ' Note:An inquiry has NOT been made conceming the actual status of Such tiers. A fee or$25,00 wilt he charged per tax account each time an Inquiry request Is made 3 2, General and special taxes and assessments for the fiscal year MO- 2009 are exempt if the exempt status is terminated an additional tax may be levied. Account No.t;270-L98 (Affects Parcels 1 and 24 3. General and special tastes and assessments for the fiscal year 2008- 2009 are exempt:If tha exempt status is terminated an additional tax may he levied, Acrf n NG.Rj001 (Affects Parcels 3 and 4) 4, General and spacial taxes and assessments for the fiscal year 2008- 2009 ara exempt.If the exempt status is terminated an additional talc may be levied, Accmdht No.8769765 and R1.1013073 (Affects Parmis 5,6 and 73 S. General and special taxes and assessments for the fiscal year 2008- 2009 are exempt,If Lho exempt statue;is terminated an additional tart may be levied, Accaunt Mo.R45933S (Affects Parcels 13,9,30,3 t and 12) 6. Rights of the public In and to that penton of the land fylng within the limfts or roads,streets or highways. (Affects all parcels) 7. Eights of the public and of governmental bodies in and to that portion of Etre pmm*L es herelrr described,lying below the high water marc ofFanno Creek. (Affects Parcels 8,9,10,li and 12) 0. Easement,including the terms and provisions thereof,granted to J.A. Paterson,et al,da[ed Sepbember 21,1965,recorded October 7,1964-.In Ooolc 525.Pane 504 Washington County Records,(Affect:,other property also), (Affects all parcels) 9.. An easements Including Lfte terms and provisions thereof,granted by Lawrence M.Rzistian,eL UK J.A.Paterson,i-awidud ggnber ��64.in Bnnl� .515,Patin 500, (Affects Parcel No.7) 10. rasements lnduding terms and provisions contained therein: Recording Information: October 7, 1964 in Book 625 Pagg 513 In Favor of; J.A.Paterson For: Sewer lisle (Affects Parcels 8,9110 11 and 1�) ill Eammerht,Induding terms and provisions contained therein: Recording Information-, May 22,1974 in Rook O7 is Page 190 EVOT 3dEp:1lr.�t4r}�o.q+at.a�ewJdalellectivcs1Q71rcGf2•d75�«Iai4.�55-F�SI52GA087undrx,blmT(2 afS19!?3f20371:Ofi13�M 1��� ��•••-•--»—+ CrolAvg-noa-Vj Ahlio _ .z In Favor oh mbert Murdock and Marine Murdock,husband and W153 For: Driveway Doeument re-recorded June i1,1974 as 13ank 979.Page 74 of Ofiicia€Rer nrds. (Affeds Parcel No.3) 12. Sewer easement,Including the terms and provis<onc thereof,granted by Lawrence M.Bastian and Hilda Basilan,too the UnOied sewerage Agency of Washington County,a-MU-1ldpal corporation,recorded May 23,1972,in Book 868,agn 455,Washington County Records. (A11 ect,ParcE1 leo.7) 13. Fasemen�Enduding terms and provisions contained therein: lirzcnrdirtg Infot+rlation: Mardi 24,1983 as Fee No-83009B In Pavorof: Unified Sewerage Agency of Washington CD. For. sewer (Affects Parcels 3 and 4) L4. Easement*lnclud€ng terms and provisions contained[herein: Recording Inrumraiton: March 20,19a5 as Fee No.8505969fm In Favor of: Unlfted Sewerage Agency of Washington County For Sewer (Affects Parcels B,9110,11 and 12) IS. Casement,Including terms and provisions contalnedtherein: RecomIng InrummUon: June 14,1985 as Fee No.U50221Ufi rhravoror, atyofTlgard For: Creek overflew channel (Affects Parcels 8,9,10,11.and 12.) 16. Easement;Including terms and provisions contained theim'ln: Recording InformatlDW SapMMber V,19i1S aS ree No. Q3B334 Iit Favor aP Unified sewerage Agency of Washington County For, Sewer (Affects Pancets 6,9,10,11 and 12) 17, Fasement,induding terms and provisions contained thereln: Recording InMrmatlon: 3une 2,2.1998 as Fea No.jfl1]&6823 In Favor of: 'rhe City of Tigard For, Bikeway and pedestrian Way Document re-recoWed November 3,1998 ns instrument No.98123618 of Official Records. (Affects Parcels S,6 and 7) 18, Easement,Including terms and provislarscontalnedtherein: Reconiing InFormalfam May 10 ?hits as[tPQ Ka,xioV-95zQp1 In Favor of; The City of Tigard,a municipal corporation and polltical subdfvlsion of the State of Oregon '5� � W For: Par:nanent slope hop:l��re{,sa.nwa�ynr�s�rh�rraarmnac¢-rr�-�o�-ausa6ez�zGsn�ssrn,rpur�l�ra/�o©xw:za�M ' i I _. ... Ftr_tRmn taan-Eadla Nm (Afeds Parcels 3 and 4) 19, Unrecorded leases or perlodlcenandes,lF any. r 20. An eawomlit fur wetlands mitigation and 6tt dental purposes, r=rded June 4,1996 as Fbe No.96050124 of Offtdal Records, 1n ravor of- The GLy of 7lgard Aff nts- The Northeasterly porion of pard 9 ai, An aptlon In favor ol'The Trust fnr Public Land,a Californla nonprorit public benefit corporalion as contained in c7r dlsrlosisd by a document recorded October IS,200E as Fee No.2008-08,5985 of Dffidal Records. 22. An easement far.dope and public utility and Inddental purposes, )ecorried June 18,1999 as EoNo.99073955 of Offidal REmrds. In Favor of The City orTlgard * Aff The Soutltlely porton of parcels 11.and 12. -END OF EXCEMONS- XMFORMATl IONAL N[]M THANK YOU FOR CHOOSING FIRST AMMICAN jTi'E:E' WE KNOW YOU HAVE A CHOICE Cc: "f mst for Public Land Atte: Robertl3etcone Cc: Attu: Cc: Aft, LAY 'r•4 FfttAtnerrcan Ti felns=nCa ComrpanyofOregon SCOSDUI9OP MCCLUSMN9 FROM COVERAGE ALTA LOAN POLICY(10117/92) yra)tflnlWmalteearets�e `IaF) lf�atitaravrrl>naCllu11-=di YmdlL!pa b%%rdrmravrarlx. bMrW�im ara#rM$a3iU,pr sr.GlnrwMa �,@]hcila+xonHamwarpevaelao J Lw,kaa�G rtGt0tltr=la 4andzrn!anexp,o�macwraamattar.-rat'htI.rryMasMUOtacrmFrftar p}paa'tolvncy,m�rrrajnystnrtMlhalarul:W actimart:r.t�roaNaasvr1�4S7ntlaaYatN,Crwt�fltCrYPChe,cvFicterxt-4atIIttlepNle�u^.�'+t14Mt7e5sassldPara dragRs3ntRed)mmdaamerraeflBclxTrScronYlr�cixfa�eGrlmldlserinsnfuet{win]cmirvarnu9alpo�xUctLetthvrRscCararryttrM alvf4t14rvkvr,,crdYt,Acesvr rprrnocwImIn r.IHUCAexeptu ul0�d-1 Mal n mUM erDAeg4'Qnr_rLtWajrC n Rn!Sad Ora darML&nrcwMibMm rC,nv GMS o YWai=ar7S'C11a1 YNPdO, aitedilhtlana)las bornapkarkapu6rx rttmk7t rnlndI Ia1 Anyy Oovarmren5l poke tf=Ttw.rJ artrzs5:u)fd r{r�SUarr rsmitW f1a<r�Hkla aaUmdthaarorsi�rRaraf,xattatrxoraderratr 6`rat crraatGda¢tcv res�tra trout a Y,dalhtar a�adCfatatJat e7rct)4v Ihetaadtaa�rcacf�l h[!ta fuL9crrws§snkna)atdpd.�• x.tH�taaf eCdr�ttdam�n�aCrss naUceaFG,e evr:aice tReawrhaaGcsn rttwdcd MUto vuirKMvtdr,LtO.ttR ofrotxvr 6tH ss@�tl�v Rcatmraaav ar3 hlrrv!umth hoc nrwued calor to Cotetetk7whkh seated hs briedbopnn Eta flANSa[a yxdaerr krtatao771)hvL:ktoRSCdS>+ Arxfrua,`3�Nv q,mtr.Rrarsa.adCcrierfifalty rmlL-.rs: @)acal.xil,su)Rrat,atslcva=t h= 6uu�rd dtlssartl: (h)aatiaasm to 4,a Ctrmpa+Y,natr�rdal}�E3mps�rrrtvdsathnle dPnSgy Gctk3aN,1 tv lhakmrrA rl:5rat�4m'�4 rd:'d?9tlaxd N Wh3447 to 4.a Caml+rsykryEnoU's5ra1 cl:taoalFrWrla9md¢IallmLtisWdldetuantGteemaani;va��v'I.��Ly, Id rcsvu u r¢npf¢sorSmwjtte Gm lasted tlMroaat pyso a,aanY�atalvry tlm faa , (�vt!r.),amar ctaa)rdcvlaeaueak to luta wt4dLy(oroe{•.Llolltcndaakihatthtt t�batt!ts:a prYxllY NtRafu4 crlRa[kums mat IaL+vr or molydarcrUra ptrelGtspriirr5lgaffmded Rc�elam tv vs;estmuits for a4c,Elmtevremta!s uaCtreaCSUu�cs,crmv,ltdraf at data dCr.�+j7 0< (t}retrlkt7 to 151r ardxmrav rnhYBwtvM r!etSNa'e6etn rosLRtsrd#k)<t fnvt,�r3a:=rsenllred pldtaloe farts Inarm!tnNSsaaR:. 7.V,Motrealuwyaf l6alSat d El+„intu,cd,ratLa.Le Gerso:an{'ftL,aL0 w rdla,tarlhe 313tn5:d at paleaf mrw,or um slat W:y orAlhtoataw r:uhsr>Xrrn}�'m.taF Utz ` fod=blalv_57 to vmyzldnhh Gr!�psablae¢61,tl 4osSes�'lmtiartiedkll11l5:J:httrahna lx�hbtol. 3.[nuv,TLYa rarnhvicetfaGlyd the kn orlkeb,xveet ma;t9Pac.ar,ISIat fherrs,tvhkG aleusuknf Gr_tnasatl)ateIIimcesl hyGry Geared raariy�aMdlstra;r,l Lpro vscrycr eay ovommer au6tpr��,,rLwar lnN,h,kraflaa faw, fi hay slalWaoyllea ed ranFrs,lakcern>arrslels{vrr)�ssdekn rFp.'hl"yerax/�.^tv7lhn rnr aYd.�RoharUude+fa'.sv+cr[F,c tea oritiolntwaltro,taeua]af¢Enp Arman 6ryvvatarnicttyaik rrJ,kd tp 1heLnx!uf,kli s mnUedrd rowed mnorn�d saks�oaotlo lhfsar!"++3�yaaJ 1'r,*atllydl:LdN Nt'AleCrlrt C,[t 6ypt�vrUmisdN,GNd"� em,rdl GGyy Gt.".Stsvrof mal1l1��earl�5-S,aLDxG:nrMILY ihe�sv.�Raadv+srm3or adrGpaktdta adYaner. 7.AaY daSn,vddrb w!x,twlclUralrxAysdt:ugeal4�.gt6n In`.eautorGe,amlpa:et6uvred W Gu pw5Na)Hr tauae C(lEmop�raltzrr Cf CatvalLar«vApky.x{aWTrtalrautY,o7stpi:ar oa:dltr3 tb'as htes,th,ts lava al l iGUrutame:Warurati.Gllrefn'xraslvfU�ehuusednuriaagectes5dennaSx[tat�,�attmye�ernarG^.vdukn:l,+,r=�el�' IEj Ih¢a$9ltaaatl>aaf tttalnkn:,xvT lROGIrIlta7 rlata i9F0a5 x rRUu(I)hL apptsntlaacr Sis`eMCsLla oFerraRA Wrstd�srd t61�f fk' gay Iha t,aawtktan ctu�tix7 G:otnrcntot L�olnsmad[vdtatla+�n3d�'�o PrtRaanUa)trxnsfcroccxp[wlrw IhalrereeMSrlGm7sret resalsrn:m Uxifa�ms tn)w na1eN tatlld IRaL d++^'^^�atrarrcrer) (h)costo.!!rc,ardaYmly h,partrplfueL,a pvtdtaxrCarv¢bae:a jadgnr:nta But utC�cA ALTA OWNERS POLICY{16117/92) 51c1h'�hrmu m:titsvre�Msxdm'sd frer,lira anrneBa erGu po!r-7�athe[Ytnpsay u>g natpW b«ardema7a mats,atGrr>=7n'fe�yr svfrru�tWdt art;ehl'nn:m aSs 1,{v)hrty hw,adsracm cramumr,=pl teMGGai Und04-4 Gutrxt:C ata to budama and uug lair!,waurees,CrrCpu915u9 teswdW,ravrzaftna.prah¢+aicaerrx4,Jaa w ' (gGteo¢:uptsy,vsCaremJvryt!erctarUtab;,d;C)ffiocke�dnx.NastentkaRCrhtultaaMooYfnF,a3'UaenLaa'lv7h?teafce7rfedolMir�[�rNi{TaJvar.�affCtitao'dM.lrh,�Gt� , dtmplal e,pmemSalS ora>fa orttatama c7 anYrparml vrtsRk3t Gtaprd L-era,�sarytl;or{h}e3vfrvamea[atnmleCElvyerilta attMMarly+''ahG¢[t or[h'sataslrra naaoror a�7taLr9lh lrnYlutl GCp,fa#lc+}hlbc ptl611:rE[ogi a�E 4:MarPoTsy.�nLOaerrnr ern nn3D•arodsre[t.4:na,rt,�m6rs MMUMAX raISUCrINalrvM}5(mha!an EXHIBIT Lutdhagl:pro.flute,nccenld¢ealA,eG[rcN3fzc6C�d7S�-�iN£4,usS-168252519&95liadex.htmr(A ote�/73r3R674:tr1:r17RJf PAGE �� OF .. .. I I tkt[AcretirSe.3tegiaPm - tb)Meyi)l= aontsl Durr-rmu rmLrryshrdrslly(r}aia,n,ray t-A lothnaltaLUala noUmd tj ex-tisetberedoran¢Um ofo slama Y.dalkn Iran b-n OMIAr4. z rmoz&d in tbv Pubic rti�dz:.Y W tacf V'v4c�r tuirrtndedu9 4an mivu.7a ant"G'�nO v,h,:h los I amemd p lur tD Oalaof NLyw1a h world bebadhg on ihn IWscta PurtloyEfz+vrlvc rifhcaf4,novla:t!7C. 3.palcdq,L'. 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((O Ltio Scom.C1y14eaV:�9lh es;nin orlsdmst Irdluad bllhe percY Ir�g deemd a[liefaerdlil�3nLfcrelx�Ywi�rEteprEfercnlal lnrdetie;a4i aril llaa 9a!rs=: Le)to ftLej na.•d w {C3duhra aorr lti tlt rtaelka Invpvdarvfusa4ecah'd.Wa°rd nr6m rrcl3an SCHEDULE OF STANDARD[7[CEP'-0149 'nn ALTA,h-ff,rd pofry famlcnt u�ln6�ib 6tiv�u}a H 1tf¢f�¢rrhil slarid.,dc;rpknslq rh+rraCel 1.h4sc oi:vsesul:eptsrdd3r,uv rmYrkarvd n:mta�M1 Ikr�U7 Uro t9cada el.Fr+/ladr.y mUrauTt tratic�a t>aryarassr3meo'sva rtal(aa",edyartry Ilse�fnrlv".earcerdq macapX4 byuydLSce�angnef'R!=rmytowF:N SxNr 4TaizCt[IFilA"xCrSV'fm¢rash p�dia9a,ahrller ernotsharn tri thermnl:n`:1sdl ty'rxq'p•b,rlha rutlfc remrrh. 2.FSdd,r';il�In°eltixi�duYna xNdi we mt svornr lrrtba Put'S tcCordcLaYnldclr and baasrr aai�i htad tl3Dcd[on G<2dland or trimaVJr.3ln;uhur of lis In P%"°�' aUrims • 3,Fax3oceta wdabiai vreaxtnenli netcUewnkY UmtnFUt^,tnWUr;ascn:r'uma cr�pllar'a 5,p:Sa;6 8rt7A:fd ardbtrirt p Usc4.mntelheleefi rcatudpStr darod yr Lii:n w, ler. dowry lance,c•a�nF(ofe�d:!kr7l. mxldtny Wpyxf as tfnraS;�ttm3vab WW0119 dhdrreFnOOV L•MLIAn gcm*edM 9"m of tao:fen'n larA At W3}r etrrryranre,vH!altrn,rda!bxs,aad.�dECt�dnrzsinaedPaitam Ut¢lfdvlf�ttWid lto dlsrdaa-.46yun daaca[aandScdl4�lxtn Imdea=vcy eP tlt<ytb)triland. S.toy Vv6cr IVA W a lam,Ar=rAm9,dbml BRW W,ctr�Rlael lant'l erecitazs s,A1msi'ft h¢r:lwor'cC;3Ymifltt ftnkF4In rm>_dbyl1w or motS�PWn by UxtpdoP i m=arch. w I ASi'ka:rfl[7iCai'POFfUrr PGi]GYf3zU44CT3LtUitlir14Y1tLC2 fVRllI�Ir171L' NtURP= 'Tf144 ft'.0-m cc rt.,gqLL..CC}}.. 14S{aatbit rrntl Real p€apelly in the County or WasWngton,Stare of Oregon,described as rollouts: PARCEL 1: TOTS 1 THROUGH 6 INCLUSIVE AND LOTS 21 AND 22 OF CHERRY HILL ACME TRACTS, A5 SHOWN BY 71 i) OFFICIAL PLATTHFREOF ON FILE IN BOOK 4,PACE 17 OF PLATS, INTIK CITY OF TIGARD,COUNTY OF WASHINGTON,STATE=OF OREGON, PARCEL.2: El�[NG PART OF THF DONATION LAND CLAIM Or NAIM L HICKLIN AND MAWFKA HIQ(UN,HIS WIFE,CLAIM NO.5q,BEING PARTS OF SEMONS 34 AND 35 IN TOWNSHIP 1 SOUTH,RAND 3.WEST,AND CLAIM NO.37 BEING PARTS OF SECTIONS 2 AND 3,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILIAMEPTE MERIDIAN,THE TRACt TO BE CONVEYED IS DESCRIBED AS FOLLOWS: EMPINING AT A POINT ON THE iDIVVISION LINE OF SAID JOHN L HICKLIN CLAIM, 23,06-CHAINS EAST OF THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID CLAIM,AND RUNNING THENCE NORTH PARALLEL WITH THE WEST UNE 4F SAID NORTH HALF OF SATO CLAN,15.1O6 CHAINS TO TRIC CENTER LINE OF SAID NORTH HALF OF SAID CLAIM;THENCE WEST ON THE CENTER LINE OF SAID NORTH HALF Or SAID CLAIM 3.342 CHAINS;-(HENCE SOUTH PARALLEL.WIM THE SAID WI+EST LINE OF SAID NORTH HALF OF SAID CLAIM,15.105 aiAINS TO THE AFORESAID DW.MON LINE OF SAID CLAIM;THENCE EAST3.302 CHAINS TOTHE PLACE OF BEGINNING. PARCEL 3: BEGINNING AT A POINT SOUTH 89 52!EAST 428,3 FEET"FROM A STuNC AT THE NOWtHWEST CORDER OF THE SOIITt'i ONE-HALF OF Ti-IE J.L.HICI"N DONATION LAND CLAIM IN S(M014 34,TOWNSHIP 1 SCUT Hf RANGE i WEST OFTHC %WAMM-CE MERIDIAN,.WASHING'TON COUNTY,OREGON,SAID PDIiV E3WO ON THE NOWrH EINE OFTHE SOUTH ONFHALF OF SAW CLAIM,AND BEING THL: NORVEASP CORNER.OF THAT TRACT DESCRIBED IN DEED TO LEONARD L.PAYNE, F-r AL,RECORDED SEPTEMBER 39,3968,IN DEED BOOR 3a.p,�GE 593;THENCE ALONG SAID CLAIM LIN[,SOUTH 89 52r FAST245.B FEETTOTFIG NORTHWEST CORNER OF THATTRACT DESCRIBED IN DEED TO N1MLC W,SCHROEDER,E T UX, TII CQRDED JUNE 23,195E-3,IN DEED 1300](406,PAGE 518 THENCE SOUTH 0 4E3r EAST 1063.4 LEE"TO THE CENTERLINE OF COUNTY ROAD NO,f194r THENCE SOUTH 8914' IkT-sr 245.(}ML3'ALONG THE CENTERLINF OF SAID ROAD,TO THE SOUTHEAST CORNER OF SAID PAYNE TRACT;THENCE NORTH 0 44`WEST 1467.3 FEFT TO THC POINT OF BEGINNING. EXCEPTING THEREFROM THAT POtTiION AS CONVEYED BY DOCUMENT RFCORDa) MAY 8,1975 IN}BOOK 1022,PACE 9t}i OF OM-CIAL RECORDS OF WASHINGTON COUNTY,OREGON. Evur, hlllrlknglqca.G:slim,�ssJdv{JArelrlCeeN71u63Z,d7£L-9Cd'Yn¢45-1bEL52640$Wxdc`11ml(SoRP1Mn09lYM PAGE 'J .09:13 YItY E-1 LOF f I f 4 PARCEL.4: BEGINNING ATA POINT SOUTI i 89 ST EAST'663.9 FEEL'FRONT A STONE AT THE I NORTBIVEST'CORNER OFTHE SOUTH ONE-HALF OFTHEI.L HICI(MAN DONATION LAND CLAV,IN SECTION 34,TOWNSHIP 1 SOUTH,RANGE I VVE57 OF THE WILLAMETTE MERIDIAN,IN WASHINGTON COUNTY,OREGON,SAID POINT BEING ON THE NORTH LINE OF THE SOUTH•UNC HALF OF SAID CLAIM;THENCE SOUTH 89 52' EAST 244,11 FEET ALONG SAID NORTH ME OF THE SOUTH ONE-HAI.F OF SAID CLAIM,THENCE SOUTH 0 q0'EA5T 1067.3 FELT TO THE CT MF--0r COUNTY ROAD ND.494,THENCE SOUTH lq 14'WEST 244.4 FEET ALONG THE CRI tTt=RLIrIE OF SAID ROAD;THENCE NORTH 0 40'WENT 1071,2 FEETTO THE POINT OF BEGINNING, EKa7 I1VGTl•IMaROM THAT PORTION AS CONVEYED'BY DOCUMENT RECORDED MAY 8,1975 IN BOOK,1022.PAGE 401 OF OFFR:LAL RECORDS OF WASHINGTON COUNTY,OREGON. PARCEL 5: a THE WEST ONE�-HALV Or-THE!FO)IOWING DESCRIBED PREMISES, COMMENCING AT A STAKE INTI IN SOLITH LINE Of-THE NORTH,HALF OF THE JOHN L.ITICKLIN DONATION LAND CLAIM,IN SECTION 34,TOWNSHIP 1 SOUTH,RA14GE I WEST,WILLAMETTE MERIDIAN,IN THE COUNTY or WASHINGTON AND STATE OF ORC'GON,23,06-CHAINS FAST FROM THE SOLITHWESTCORNEROI;THE SAID NORTH HALE=OVU-IE CLAIM,RUNNING THENCE NORTH PARALLEL,W.Mi THE WEST LINE OF SAIl7 Cl AIM 15.10-CHAINSTO THE CE TFER LINE OF SAID NORTH HALF OF CLAIM; THENCE EAST ON SAID CENTER LINE 6.52 CHAINS;THENCE SOUTH PARA1]-C3-WITH THE WEST LINE OF SAID CLAIM 1.5.07 CHAINS TO THE SOUTTT LINE OF SAID NORTH HALF OF CLAIM;THENCE WEST"ON THE SOUTH LINE 6.62 CHAINS TO THE PLACE OF BEGTNNA�'G, • PARCEL 6: A TRACTOF LAND IN THE SOUTHEAST OF SEC 0TA 34,TOWNSHIP i SOUTH,RANGE I WEST-,WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BECANNTNG ATTHE SOUTHWEST CORNER OF THATTRAC.T DESCRIBED IN DEED TO LAWRENCE MARTIN BASTIAN,ET UX,RECORDED NOVEMBER 15,1961,IN BOOK 453 PAGE M WASHINGTON c4OUNTY DEED RECORDS,BEING 1740.75 FEET EAST-OF•THE SoLM-IwEST CORNER OF THFw NORTH or-THE JOHN L HICf(LIN DONATION LAND CLAIM;THENCE NORTH,ALONG THE WEST LINE OF SAID BASTIAN TRACT,994.95 FCCTTO THE NDRTHWEST CORNER THEREOF,BEING A POINT ON THE CENTER LINT;OF THE NOMI OF SAID CLAIM,,BEING ALSO A POINT IN THE; CENTER OF S.W.TIGARD ST.;THENCE EAST,ALONG SAID CENTER LINE,437.0 T3rET TO A POINT;THENCE SOUTH,PARAT LEL W.Tt'H THE WF$7 LINE OF SAID BASTIAN TRACT,994.95 FEET TO A POINT IN THE SOUTH LINE OF THAT TRACT DESCRIBED IN DFS,?TO LAkgRENCE M,BASTIAN,ET UX,BY DEED RECORDED AUGUST 3,1951,IN 1300 323 GE 350 5AID DEED RECORDS;THENCE VffST•ALONG THF.SOUTH LINE OF SAID BASTIAN TRAGI,437.0 FEET TO THE POINT OF BEGINNING. PARCEL 7. THE FOLLOWING DESCRIBED TRACT OP I-AND BEING SITUATED IN SECTIONS 34 AND 35,TOWNSHIP 1 SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY,ORUSON: 13F(aINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE JOHN L HICKLIN DONATION LAND CLAIM SOUTH 89 b9'30"EAST 2,177.75 FEL-7 FROM THE SOUTHWEST CORNER OF SAID NORTH HALF;THENCE NORTH 00 02'09"V%JEST, 970,511 FEET TO THE SOUTH RIGID-OFWAY TINE:OF S.W.TIGARD AVENUE; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89 49138"EAST 601.33 FEET TO THE- CENTER HECENTER.OF FANNO CREEK;THENCE FOLLOWING THE CFNTER OF rANNO CREEN SOUTH 39 21'If 1,EAST 36.131 FrEETI THENCE SOUTH 1016'45"WEST 27.85 FEET; THENCE SOUTH 26 35'56"WEST 194.54 FEET,THENCE SOUTH 39 51'36-WEST 79.66 FEET,THENCE SOUTH 09 43'36--1 VIE5T 82,35 FEET'TO THE NORTHWEST' CORNET,AS DESCRIBED IN DEED LEODIC 886,PAGE 670;THENCE SOUTH 30 09'or WEST 966.54 FEETTO TING SOUTHWEST ODRNER AS DESCRIBED IN UtEU 1300K 912;PAGE 143:THENCE NOIzTH 134�S4`30"WEST 14x.23 }� HC E I``ts lstr�rrltrglcico.fIcslvu.epnvd:WhschiraA34cc6R�W3Z1Ss'IFacSS•1hHP52G4i:sRSin,4s.Gus:](u aCIIJ4R?IdDaJ 2:C=9iI3 Yh4 (��1�L�U 1-'~� Rat 1ICj=-7uZdD Lln NORTHWEST CORNER AS DESCRIBED IN DEED BOOK 910,PACE 313•THENCE ALONG THE WEST LINE OF LAST SAID DEED SOUTH 23 57'3T° WEST 206.26 FFU- TO THE NORTHWEST CORNER A9 DESCRIBED IN DEEB?BOOK 61T3.PAGE§S:THE OCE ALONG THEii1lE.5T LINE OF LAST SAID DEED SOUTH 00 2T 00",Ell'165.56 FEET TO THE SOUTH LINE OFTHE NORTH HALF OF SAID DONATION LAND CLAIM;THENCE NORTH 69 S9'30"WEST 84.26 FEET To THE POINT OF BEGINNING. PARCEL 8: BEGINNING AT AM IRON PIPE ON THE NORTH LINE OF THE SOUTH ONE-HALF OF THE a.L.HIC4M DONATION LAND CLAIM IN SECTION 34,TOWNSEEIP 2 SOUTH,RANGE 1 W�ST OFTPiE WILLAKL-'I'TE MERIDIAN,IN WASHINGTON COUK",OREGON,SAID BEGINNING POINT BEING SOUTH B9 52'FAST'1173.26 FEET"FROM A STONE ATTHE NORTHWEST CORNER OF SAID SCUM ONE-I I.ALF OF SAID CLAIM,AND RUNNING THENCE SOUTH 89 52=FAST 246.20 FEE FTO THE IRON PIPE ON THE NORTH LINE OF SAID SOUTH ONE HALF OF SAID CLAIM;THENCE SOUTH 0 40'EAST 1059.5 FELT TO A POINT IN T1-lE CHV IT R OF COUNTY ROAD NO.494;THENCE ALONG THE CENTER OF SAID ROAD SOUTH U9 14'WEST 2462 FEET;THENCE NORTH 0 90'WEST 1063.4 FEET TD THE PLACE OF BEGINNING. SAVE AND EXCEPT THE SOUTH 200 RIXTHEREOF,THE NORTH LINE Or-ACID 20D FODT PORION BEI14CE PARALLEL.WITH AND 200 FEET DISTANT FROM,WHEN MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE THEREOF, PARCEL 9: ALL TL-1AT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WESTERLY OFTHE WEST LINE OF S.W TIEDEDM AVENUE: BEGINNING AT AN IRON PIPE ON THE DIVISCON LINE RETWEENTHE NORTH AND SOUTH HALF OF THE JOHN L.HICKLIN DONATION LAID CLAIM,BEING CLAIM NO, 54,IN TOWNSHIP 15OUTH,AMID CLAIM NO,37 IN-TOWNSHIP 7.SOUTH OF RANGE 1, WEST OFTHE WILLAMETTE MERIDIAN,WASHINNGTON COUNTY,OREGON,DISTANT 485.1 FEET SOUTH 99 03`WEST FROM THE LINE SETIn EN SECTIONS 34 AND 35, I.OWNSHIP 1,SOUTH,RANGE I WFS-r,RUNNING THENCE SOUTH 411.3 FEET; THENCE SOUTH$9 IT WEST 424.3 FEET,THENCE NORTH 410.G FEET TQ TTiH ABOVE DESCRMED DIVISION LINE;THENCE NORTH 89 03'TMST 424.7 F-ETTTO THE PLACE OF BFGIN[04G. PARCEL 10: BEGINNING AT A POINT 7A53.43 KEY SOUTH B9 ST FAST AND SOUTH 10`WEST" 9113 FtpFROM THE NOTC jft3T CORNER Or THE SOUTH ONE;-HALT=OF THE JOHN L.HICKLIN DONATION LAND CLAIM,TOWNSHIP 2 SOUTH,RANGE 1 WEST OFTHE WILLAMEri-E MERIDIAN,WASHINGTON COUNTY,OREGON,THENCE:SOUTH 10' WE5F330.7 FE F;THSgCE SOLMi 8914 WEST 426.2 FEES;THENCE NORTH 10' EAST 24j.2 FEET;TFIE NcE SOUTH 84 21`E=AST 4262 FEET TO THE POINT OF BEGMNING. PARCEL 11: THE Foo oWjNG DESCPJBE D PROPERTY,SITUATED IN THE COUNTY OF WASHINGTON AND SPATE OF OREGON: BEOINNIINU AT AN IRON PIPE AT THE INTE=RSECTION OF ROADS AT THE SOUTHEAST CORNER OF THE I M.B.SELLWOOD 35.383 ACRE TRACT IN THE SOUTH ONE-HALF OF THE J.L.HIC(Q.IN DONATION LAND CLAIM IN SECTION 3,TOWNSHP 2 SOUTH, RANGE 1 WEST OFTHE WILLAMETTE MERIDIAN,IN WASHINGTON COUNTY, OREGON,SAA?BEG94MNG POINT SEINGSOUTH[19 52`EAST 7.153.5 FEETA14D SOUTH 100'WEST 104B,6 FEET MOM A STONE ATTHE NORTHWEST CORNER OF THE SOUTH ONE-FIALF OF SAID*CLAIM,AND RUNNING THE14CE IN THE CENTER OF COUNTY ROAD No.494,SOUTH 891.4'(NEST 426.2 FEET`;THENCE NORTH 1(10'EAST' 306.6 FELT To AN IRON PIPE;THENCE NORTH 8914`EAST 426.2 FFEF TO THE CENTER OF COUNTY ROAD NO,495;THENCE SOUTH r 00'WEST-306.6,FEET TO THE PLACE Or BE GTNNING. EXCEP'LNG-THEREFROMTTiNT'L?DRTION L)EDICATEDTo THE CITY OFTIGARD FOR STRE;FT PURPOSES BY INSTRUMENT RECORDED JUNE 18,1999 AS II�pYIPa�^SFg:d.Rrc'✓+ai,r,.m/dslalArtlJvee/fllbccdfz'd73.,dcd4ap55.1LSZSYC,3hS9SAnd lhdl[Yof5p 211D92A9:17Fti PAGE PARCEL 1Z: BEGINNING AT AN IIIDN PIPE ON THE NORTH LINE OF THE SOUTH ONE-HALE Or THE J.L.HICKLIN DODLknQN LAND CLAIM IN SECTION 34,TOWNSHIP 2 SOUTH,RANGE i WEST WIL AMEM MERIDIAN,IN WASHINGTON COUNTY,OREGON SAID 13EENI+4ING MINI'BEARS SOUTH 89 ST EAST 11419.8 FEET MM A STONE ATTHE NOR'THWFST CORNER OF SAID SOUTH DNL HALF OF SAID CLAIM,ARID RUNNING THENCE SOUTH 89 52'FAST 307.84 FEET,THENCE SOUTH I VU'WF�T 1055.3 FEE-:d" TO A t}d]TIJI'IN THE CENTER OF COUNTY ROAD NO.q9 THL NLE ALONG1HE CENTER EINE OF SAID ROAD SOUTH&914'WEST 277.14 FIi T;TlIENCE NORTH 0 4W WEST 1059,5 FEE 70 THE PLACE OF BEGI]NNING. 6fFp:Iha�kn[v.C1r5h+m,ca,dac�efAfchsl�.lL�r�175'�4tA!+-oci5-l6H:a2Gia5411icaes.lnml([i of 6)4.r1'11711�72iE9:is rtd i e Ear"E W UbUty Easements(A.tfacbcd) ATTER RECORDING RETURN TO: Miller Nash LLP i 111 S.V Fifth Avenue, Suite 3400 Portland,Oregon 97204 Attention: Kelly Hossaini. STOR.MWATER,SLI WER AND NVATER EASE ME'.NT (Tract S) THIS STORMWATER, SEWER,AND WATER EASEMENT(this"Easement"),is made,by and between ("Grantor")and Tigard-Tualatin School District 23J,an Oregon school district(the "District'),m of (the "Effective Date"). RECITAL S A. On the date hereof,the District sold to Grantor the real property located in Washington County, Oregon,described on the attached L')Nbit A(the"Burdened Property"). B. The District is the owner of the real property located in Washington County, Oregon,described on the attached Exhibit B(the"Benefited Property") C. As a condition of the sale of the Burdened Property to the Grantor,the Grantor agreed to grant to the District, an-easement for stormwater,sewer,and water over,in,under, through,and across the Burdened Property for the benefit of the Benefited Property. NOW,THEREFORE,the parties agree as follows: I. Grunt of Utility Easement. The Grantor hereby grants,bargaisis,assigns,.conveys,and. transfers to the District,a nonexclusive,perpetual easement over,in,under,throw,and across a 20 foot wide strip of the Burdened Property which strip is illustrated on the attached Exhibit C and labeled"20'Public Utility Easement(Sewer&Water)" (the"Sewer and Water Easement Area"). The District,and its officers,directors,employees,contractors,and agents may use the Sewer and Water Easement Area for the purpose of installation,maintenance,use,i epair,and replacement of water and sewer trues. Irrun:ediately following the installation,mahitenance, repair,or replacement of any water or sewer line in the Sewer and water Easement Area, the District, at its sole cost and expense,shall repair any damage caused to the Sewer and Water Easement Area in connection with such installation,maintenance,repair,or replacement,and leave the Easement Area in an.orderly condition. 2,' Grant of Stornnwater Easement. The Grantor hereby gtants,bargains,assigns, conveys,and transfers to the District,a nonexclusive,perpetual easement over,in,under, through,and across the portion of the Burdened Property described as the "Proposed'Treated Storin Drain Discharge`Location"on the attached Exhibit.C(the "Stormwater Easement Area") ..1_ 085400.0'[1?_( DXD006:1878038.1 q.. i I for purposes of discharge of treated storrawater from.the Benefited Property. It is understood , that treated stormwater discharged in the Stor mwater Easement Area will follow the natural drainage course over,in,under,through,and across the Burdened Property,however,the quantity of storrrrwater that the District may discharge into the Stormwater Easement Area shall not exceed the maximum amount allowed by applicable law and shall be discharged in accordance with applicable laws. 3. Effect of Easement.The rights and restrictions granted and reserved in this Easement shall be appurtenant to the Benefited Property and the Burdened Property and shall be perpetuuah. The easements,benefits, burdens,obligations,and restrictions created in this Easement shall create covenants,beuefl%and servitudes upon the Benefited Property and the Burdened . Property as set forth herein,and shall run with the land,and shall bind and inure to the benefit of the Grantor and.the District, as well as their successors and assigns. d.' Governing Law This Easement shall be governed by and construed in accordance with the laws of the state of Oregon, 5. Attorneys'.Fees. In the event that either party brings an action to enforce its rights hereunder,including,but not limited to,at trial,on 4.ny appeal, or while enforcing its rights in any bank upicy proceeding,the prevailing party in such action shall be entitled to receive all costs and reasonable attorney's fees in addition to any damages to which it is due by reason of such action. 6. Reservation in Deeds. The easements and covenants set:forth in this Easement shall be deemed reserved or granted,or both reserved and granted as applicable,in a deed to the Benefited Property or the Burdened Property,notwithstanding that such deed fails to reference this Easement or such reservation or grant. 7. Recording. This Easement may be recoiled by either party in the real property records of Washington County, Oregon. (Signatw-e Page F'ollaurs] -2- ©6540D-01121Pr1XD0C-S:1879436.1 k °hkLi � IN WITNESS MIEREOF,the undersigned has executed dais Easement as of 201 . GRANTOR. By-, Name: STATE OF OREGON ) ss County of ) This instrument was acknowledged before me on ,201by the of _ — a. Notary Public for Oregon My commission expires: THE;DISTRICT: Tigard-Tualatin School District 23J By: Rola Saxfon,Superintendent STATE OF OREGON } ss County of ) This instrument was acknowledged before me on , 201. ,by Rob Saxton as Supezynteudcnt of Tigard-Tualatin School District 23J,an Orcgon school district. Notary Public for Oregon My coinYnission expires. -3- - os54no-oi�21PtaXtaacs�a�ao3s.� E i r�1?j�jj 4 AGE Legal Description of Burdened Property i -4- os5400-n1 i2/PDXDOCS:1879a35,1 to y b rr B Legal Description of Benefited Property �5- OrGW I121PDXDOGS:1879036.9 i i ov EXrElIBYr C Diagram [See Attached] i -(_ OMAGO-0112JP MOCS:18790WA . I SUMMER CREEK DE'11EE,oPMENT AREA I OW-SITE SEVER AuGiF ME NT EXI IIHIT GTiAP A1C 'SCALE a 1 IN—lid FI" .if 7!E TRACT -- I .��(BEIM=F'lil^FJ F�FtCpERF�') I � E 1 2u• IYJ Lfc °1 r1Lryy E IMVgI 1 -- if (SEWLR tIATER) � E t VIXCA`r 'WETLMI)s it E f VE=C AMIE ;0914 I E Wlr F l E TRACT 2 (BURMHEP PROPERTY)l IN,-NNO111�8D IMAM 11 SWIM DRAIN E t Q-*-J rjT TO MANHOLE Llr ?W P EVC;1TILIT! u�Is 01.2.7. 'WIG WESTLAKE Clkti�tit INIII Mi L 1[�1B1:7N5 '�sr'iaiPitui?�iYG ..-_�. $fil{Ynt:'lit�'T M' !'�Ll:l'i:i� .sGp IM, r f'y�C(FJC 1.111 r�tdi t1�J--©! TICIriRGl4113S.111 l`IAiiAFtti". tlf P1 IGIf R'_1 1 t1 QII�P tl —/- 066400.0-1121PMOCS;1879036.1 E i OF i AFTER RECORDING RETURN TO: Miller Nash LLP s 111 S.W.Fifth Avenue, Suite 3400 Portland,Oregon 97204 Attention: Kelly Idossaini i i i STORMWATER RMEMIWT (Tract 4) THIS STORMVtWATER EASEMENT(this"Easement"),is made by and between ("Grantor")and Tigard-Tualatin School District 23J,an Oregon school district(the"District"),as of (the"Effective Date"). RECITALS A. On the date hereof,the District sold to Grantor the real property located in Washington County,Oregon,described on the attached Mbit A(the"Burdened Property"). B. The District is the owner of the real property located in Waslihigton County, Oregon,described on the attached Exhibit B (the "Benefited Property"). C. As a condition of the sale of the Burdened Property to the Grantm,the Grantor agreed to grant to the District,an easement for slornrwater over,in,under,through,and across the Burdened Property for the bone-fit of the Benefited Property. NOW,TBERLFORE,the parties agree as Ulows: 1. Gant of Stormwater Easement. The Grantor hereby grants,bargains,assigns, conveys,and transfers to the District,anonexclusive,perpetual easemmt over,in,under, through,and across the portion of the Burdened Property described as the"Proposed'Treated Storm,Drain Discharge'Location." on the attached Exhibit C(the"Stormwater Easement Area") for puiTosas of discharge of treated storinwater from the Benefited Property. It is understood that treated stornrwater discharged in the_Stounwater Easement Area will follow the statural drainage course over,in,under,through,and across the Burdened Property,however,the quiantity of stoTmvmter that the District way discharge into the Storinwater Easement Area shall not exceed the maximum amount allowed by applicable law and shall be disollarged in accordance with applicable laws. 2. Effect of Easement. The rights and restrictions granted and reserved.in.this Easement shall be appurtenant to the Benefited Property and the Burdened Property and shall be perpetual. The easerue ts,benefits,burdens,obligations,and restrictions created in this Easbment shall create covenants,benefits,and servitudes upon the Benefited Property and the Burdened Property as set forth herein,and shall run with the land,and shall bund and'inure to the benefit of the Grantor and the District, as well as then'successors and assigns. �z- o65A5o-o 1121PDXDDGS:1579273.1 3. Governing Law This Easement shall be governed by and const-med in accordance with f the laws of tho state of Oregon.. 4. Attorneys'Tees. In the event that either party brings an action to enforce its rights hereunder,including,but not limited to,at trial,on any appeal,or while enforcing its rights in any bankruptcy proceeding,the prevailing party in such action shall be outitled to receive all costs and reasonable attorney's fees in addition to any damages to which it is due by reason of such actioiL 5. Reservation in Deeds. The easements and covenants set forth in this Easement shall be deemed,reserved or granted,or both reserved and granted as applicable,in a deed to the Benefited Property or the Burdened Property,notwithstanding that such deed fails to reference this Easement or such reservation or grant. 6.7� Recording. This Easement may be recorded by either party in the real property-records of Washington County, Oregon. [Signature Page Follows] -2- 065400-01121P MOCS.1870278.1 ' I I r IN WUNESS WI-EREOF,the undefsigned has executed this Easement as of 201, CYRANTOR: By: Name: Its: ---_.-�- SATE OF OREGON ) ss County of } This instrument was acknowledged before me on ,201._,by the of a Notary Public for Oregon My commission expires: THE DISTRICT: Tigard-Tualatin School District:23J By; Rob Saxton, Superintendent STATE OF©RECON ss County of This instrument was acknowledged before me on 2011 by Rob Saxton as Superintendent of Tigard-Tualatin.School District 23J,an Oregon ,school district. Notary Public for Oregon My commission)expires: -3- 065400-0112dPpX OM1870273.1 E i i LMBiT A Legal Description of Burdened Property -4� 066400-0112IPMDOCS:1879273.i ' E p I EXMBIT B f Legal Description of Benefited Property e • E 4 rt -5- 065GOD-0112IPDXDDCS.1879273.1 EXHIBIT i PAGE OF rrr c Diagmin [See Attached) _6_ 0654©D-0112/PDXD OCS:1879273.1 E r � g�—6 E 4�F i I SUMMER CREEK DEVELOPMENT AREA TRACT 1 STORM DISCHARGE EXHIBIT ' E E �..�.___.__,_, ...._.. ..-�.. 544' 11GAE40 STRUT -. t TRACT 4 ! t�Ex�nEn Psior•E[rtY) I r' WOF TRACT 2 (BURDMID PROFER7Y) PROPOSLD 'TREATED STORM DRAIN "SVICA" WLTLANDS & DISCHA fIE" LGGAII� YEGE7AT1VE AREA . GRAPHIC SCA1F DATE 01,27.10 Ns ING 6 aim(.0 Ely � GDiP,iP3T8 ist. LDL t Ifa FEET) rES15191tg hn�tlhL'!Rf\C. + FiU171'IiY(!d@ # ESI i?�'N1Nfi 1 IIE ;D FT r2o. 217-5-01 t�caigE' CEWT o E� �x i a r,sits,?Jnrr FAX ova. _7W 06540©-01'12IPDXllOCS:1879273.1 r iL apt* 4>r1i"irv�t AFTER RECORDING RETURN TO: Miller Nash LLP 1 I1 S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204 Attention: Kelly Hossaim STORM WATER E;ASE AI ENT (Tract 3) TIRS STORMWATER EASEMENT(this "Easement"), is made by and betweea ("Grantor") and Tigard-Tualatin School District 23I, an Oregon school district(the "District"), as of (the "Effective Date"). RECITALS A. On the date hereof, the District sold to Grantor the real property located in Washington County, Oregon, described on the attached Exhibit A(the "Buudened Property"). B. The District is the owner of the real property located in Washingtou County, Oregon, described on the attached Exhibit B (the "Benefited Property"). C. As a condition of the sale of the Burdened Property to the Grantor,the Grantor agreed to giant to the District, an easement for Stormwater over,in,under,through, and across the Burdened Property for the benefit of the Benefited Property. NOW,THEREFORE,the parties agree as follows: 1. Grant of Storuawater Easement. The Grantor hereby grants, bargains, assigns, conveys, and transfers to the District, a nonexclusive,perpetual easement over,in,under, . through, and across the portion of the Burdened Property described as the "Proposed'Treated Storm Drain Discharge'Location" on the attached Exhibit C (the "Storn-iwater Easement Area") for purposes of discharge of treated storinwater from the Benefited Property. In connection with using the Stormwater Easement Area for the discharge of treated stormwater, Grantor grants, bargains,assigns, conveys, and transfers to the District an easement over, in,under,through, and across the Stormwater Easement Area for the purpose of installation, construction,replacement, repair,and maintenance of any improvements in the Stormwater Easement Area that the District deems reasonably necessary to facilitate the discharge of the treated stormwater. Ira mediately following the installation, maintenance, repair, or replacement of any improvements in the Stormwater Easement Area,the District, at its sole cost and expense, shall repair any damage caused to the Stormwater Easement Area in connection with such installation,maintenance, repair,or replacement, and leave the Stormwater Easement Area in an orderly condition. It is understood that t sated stormwater discharged in the Stormwater Easement Area will follow the natural drainage course over, in, under, through, and across the Burdened Property,however,the 065400-111 i2/PDXD0GSA879306.1 PAGE quantity of stolmwater that the District may discharge into the Stormwater Easement Asea shall not exceed the maximum amount allowed by applicable law and shall be discharged in accordance with applicable laws. i 2. Effect of Easement. The rights mid restrictions granted and reserved in this Easement f shall be appurtenant to the Benefited Property and the Burdened Property and shall be perpetual. The easements,benefits,burdens, obligations, and restrictions created in this Easement shall create covenants,benefits, and servitudes upon the Benefited Property and the Burdened Property as set forth herein, and shall run with file land, and shall bind and inure to the benefit of the Grantor and the District, as well as their successors and assigns. 3. Governing Law This Easement shall be governed by and construed in accordance-with the laws of the state of Oregon. 4. '� Attorneys' Fees. In the event that either party brings an action to enforce its rights hereunder,including, but not limited to, at trial, on any appeal,or while enforcing its rights in any banimiptcy proceeding,the prevailing party in such action shall be entitled to receive all costs and reasonable attorney's fees in addition to any damages to which it is due by reason of such action. S. Reservation in needs. The easements and covenants set forth in this Easement shall be deemed reserved or granted, or both reserved and granted as applicable, in a deed to the Benefited Property or the Burdened Property,notwithstanding that such.deed fails to reference this Easement or such reservation or grant. 5. Recording. This Easement may be recorded by either party in the real property records of Washington:County, Oregon. [Signature Page Follows] -2- 065400-01121PDXDOCS:1879306.1 I i i IN WITNESS WHEREOF,the undersigned has executed.this Easement as of %201 By: Mame: Its: STATE OF OREGON ) ss County of } This instf-ament was acknowledged before me on ,201by the of ,a Notary PubHo for Oregon My commission expires: TIM DISTRICT. Tigard-Tualatin School District 23J By: Rob Saxton,Superintendent STATE OF OREGON Ss County of ) This instrument was acknowledged before rue on _ ----, 201 by Rob Saxton as Superintendent of Tigard-Tualatin School District 23J,an Oregon school disb:ict. Notary Public for Oregon My commission expires: _3- 06540MI I?JPbXDOCS;1679306.1 i ri XMBTT A i Legal Description of Burdened Property , r4^ 065400-0112JP DXDDC5:I B79306.1 03 OF EXHIBIT-B Legal Description of Benefited Property '�- 085400-01121PMDOCS 1879306.1 i I EXIMIT C Diagram , [See Attached] � i I 065900-01121PDX DOCS:1879306.1 - j f SUMMER CREEK DEVELOPMENT AREA TRACT ti Mrai DISCHARGE EXHIBIT ��tt �r;a� sort[=ET T1',A CT I ,I%I?1I�A7( "TRF4TEP $TCRFA {5RAN 011WHARCE" 1,190,471011 "S'SYCA` SSLILAWD2� & VE05-TOVE AAEA GRAPHIC: SCP.LE �y[�� ��{ U t�-iq�le+J apk'n71 t3Y �i{i�'.'a' t7 1. t a'• 4t:;�K.F3d'b'I LDLCO:si•`3I}i,T1� im: >;ifv FEST} 9.14VIIM1'Wiffrill- 4 1 172—540 FT Ck�.,5C"nrri4�a{,>ti:l iI pl S xri�tw,i �l 4.6F -Ing pvs R"WuJ. 065400-0'E 12IPI3XDOCS:i870306.1 r i EXHIBIT F—RmiTed Basement(Attached) rt i TTSD Reserved Education Access Easement for North Fowler Middle School Acreage Sale to Trust for Public.Land ' e "...an easement in favor of Owner and its directors, officers,employees, students, nvironm faculty,and agents allowing access to the Property in perpetuity for eental instruction, including education,and as an outdoor learning laboratory for science � g plant and wildlife identification;and water sampling,provided.that such easement shall be exercised in accordance with.Optionee's goal to preserve and enhance wildlife habitat and water duality and allow Optionee the ability to reasonably manage and protect the natural resources on the Property. Owner and Optianee intend the measures Optioum may talce in exercising its right to reasonably manage and protect the natural resources on the Property to be limited in duration and scope as reasonably necessary to achieve that purpose,and may include such actions as a temporary restriction from a discrete area of the Property in order to enable habitat restoration, disease management or control of dangerous trees." poXDOGS:1878606.3 EXMIT G—Bridge Maintenance Agreement(Attached.) A,fter recording, return to. Attn: Kelly Hossaini r Miller Nash LLP 111 S.W.Fifth Avenue,Suite 3440 Portland,Oregon 97204 AMENDMENT TO EAMMENT FOR BIKEWAY AND PEDESTRIAN WAY TIJIS AMENDMENT TO EASEMENT FOR BIKEWAY AND PEDESTRIAN WA's''(t[ais"Amendment")is entered into as of ,201 between the City of. Tigard,Oregon(„Grantee")and Tigard Tualatin School District 23S(the"District"). Recitals A. District is the owner of real property located in Washington County, Oregon,arid.more Bally described on the attached Exhibit A("District Property"). B. District executed an Easement for Bikeway and Pedestrian Way(the "Agyeemcnt")in favor of Grantee. The Agreement is dated as of April 23, 1998,and was recorded on.June 22, 1998, in the real property records of Washington County,Oregon,as documont No.98066323. C. The parties desire to amend the Agreement to allow District to construuct, install,and maintain improvements in the easement area described in the Agreement(the "Easement Area"),on the terms set forth herein. For valuable consideration and the mutual covenants set forth herein,the receipt. of which is hereby aclsxaawledged,the parties hereby agree as follows: Agreeme-at I Rights of District, Grantee hereby acknowledges and agrees that District; and its successors or assigns,may install,construct,use,maintain,repair,and replace improvements in the Easement Area,provided that(a)such improvements are related to disellarge and-treatment of stonnwater,and(b)the installation,constiaction,maintenance,repair, or replacement of such improvements does not unreasonably intelTere with Grantee's use of the easement granted in the Agropment. In all events,the District or its successors or assigns may te>xlpoawily partially or co> 4.ptely obstruct use of the easementgranted in the Agreement, provided ghat such obstruction is reasonably necessary in connection with any peaxaitted installation,consti action,use,maintenance,repair,or replacement of improvements in the Easement Area("Worle"),and such obstruction does not persist for more than 48 hours at one time. Upon completion of any Work in Ae Easement Area,the District,or its successors or assigns,must repair any daal dge to G=- te&s improvements located in the Easement Axea if such 0559110-01121PMOOG5:1879341.1 damage was caused by the Work,and must leave lire Easement Area in as good of or better B condition than before the Work commenced. 2. Successors and Assig_us. This Amendment shall be binding upon and inure to the benefit of the parties hecto and their respective successors and assigns. 3. Attorney Fees If any legal action or proceedhig arising out of or relating to the Amendment or this Agreement is brought by any of the parties hereto,the prevailing party shall be entitled to receive from the opposing party,in addition to any other relief that may be granted, the reasonable attorneys' fees,costs,and expenses incurred in the action or proceeding by the prevailing party,at trial and on appeal. The parties have executed this Amendment as of the date written above. µ [Signature Page Fallows] 065400-01121PDXB005:1879341.1 ' E c DISTRICT: r '11gard Tualatin School District 23S By: Rob Saxton, Superintendent E State of OREGON County of This instmnent was acknowledged before me on ,201 by Rob Saxton,Supedatendent of Tigard Tualatin School District 23J. Notary Public for the State of Oregon GIIANTEM City of Tigard,Oregon By: Name: _ Its: State,of OREGON County of This instrument was acknowledged before me on_ ,201 , by ,as of City ofTigard, Oregon. Notary Public for the State of Oregon --— 066400-01121PIWO CS1879349.9 6 I - } H�]ril M to-tho OptidnAgruemcut # Aftrs wording rf:turn ta: ' I K$liy 13assaini Lfillcr Nash LLP ]1 i S.W.Fifth Aw im,Suite 1400 Portland,Oragan 47204 JOIly'l.'h7+1RqTENANC,AC,1?� MS 30M MA]]*]T,EUAPIC6 AGREEMENT Wi;"Agreement")is Elated as of ' ,20118,6y and bctvltsen.Tlre Trtmt for Pcrl,lin Laud,a.Cal'efomia nonproilt public banefrteorpootion CTVL"),and Tigard-Tualatin School DlstrlctNa,23,l:an Oregon soltoaldisixict(the"District"). RECITALS A. 'TPL awns the real property 1ovaW lin,Washington Coim%Oregon,and snare fully described an tho attached Fxxhl6it A(tho"TPL Proputy"). B. T1 a Disldct owns tho real property located in Wasitufgion Comity,Oregon,md. umrafullydeser cd onthaattadhedI3abitB(the'll)istrletProperty"). C. Abridge m4se8 mumer creek and a,portion oi;tita britigo is located an the TPL Properly ontiaporiionoft1wluldgoisiocutedon (the"Bridgo"}. T-hB location of the I3rldge in depicted ora&a tttiaclred Lxlrs6it O D, Tim parties inlaid to set forth their obligationswiterespeattoma4II.teunnGtsof" Bridge,ati awterms aa4candiiianu r;etfarIUwrc1iL NOW,TBER13FORB,far and lu consideration of tl€o mutual 4aveximta conlained hmin and fnr other gaud iend valuable cansideradan, the'receipt and --mMoieney of whish aro hesoby nclmowTodgad,the parlion hereby ngree asfoUnwis, Ai#ItEffiv1El�'t" 1. Xyl'aintenatice ffn'dt% The Bridge ala:lL at all times bolmpt W Bnod and safe canditian,int[udiug,wiilrout]sm]tatirtn,reaftlsx and p:wript inudntananeo and the pronipt rammml of cleluiu. Hilher pazty rorty notify tbn oilier party ifit hcliovos repair to or rnaint mance on the Bsidga i9 ialulred. rn that event,the pnrdea shall jointly detormiva what maintenance or repalr work shauldbe.gerformCd and whorl and how it shmifil bet carnplated.In the eventthe parries caruwt agrm an the mnlntw tanao and m1iiir e to bn licrfvtmtd on lho 13ddgc, the purt]ea shttlllit[1Ce a straatural cuglnecr tv resolve lite isusre. 'fhepady rho deauna tltnt the ' work be perfomted skill Prov do to 6a otherparty s list of st]cast 6=r1runtnCn]enaincerrs mid Pap 17 ar24 option tl a 54 a(N3 f 171A p7CC a C3.i 1h77�a.z Eli?HIBIT PAGE-aL OFf 4 thoother party:%hallualactfromthatliefastructural engineer-to=olyathe issue. tfthuother party docs not mnko Else eltoice a[a strant»ra[coghtecr within five days air submission oft ie liet to such patty,Ileo party who deairos Get ileo work,be putfa>mcd may 6eTeat a stxucter'at engineer from the list: 2, r&gb!0fTyTMnfg1Uoa of the Bridge, TPL and thm Ilistrtet shall equally sliew ilia costa of rnaintenatxGq end repo[r n£the Bridge,ertr eptjbateualrparty alrail ho Gololy =sponsiblc to repair any damage to aU portion oftho Srsdge carrsed by itself or its employers, tcruarts,agcnty,ntrstnnicss,invitees,nrllcrnaccs. lfn party fails tnpnrtioipntc Iritlio raaizrterrance nod ra-pair oftha Bridgo rr_s required heroin,tiro nthcrpti ty may complete any such necessary - ruainiennnanacr�tdxworkanriseukruiwlrurswncnt£ar•thecastaPaaicbwnticfrnmilre . dellnquwtparty provided thattbo deliuquont party ahall have been given thirty C30)days prior notloo and opportunity to complctn(lie maititenance and repair%urlr. 3. T'am&llaehparly AWLpaywhen due all real estnir turas aadaasemincnts far the,parUon ofthe Bridge lacatod on suchparty'sproperty. 4, Covenants Runnhi r vil(h Land. This Agreement alrrtll b6 upintrtr-nmrt-ca and shall ran witlrthe land as fo ilea District Property and iho'W.1'rnperty,and alinll bind and. inure to ttrobanot"itof�parties hereto,�vrel[us Utcirresplxfivo saceossars,assigns,lassceu, and mortgagow. 5. 13roa61to#'taia]itMisnns. lute obligation uhdcr•this Agreerncats the other party rW be entitled to rogtdre suchper arrntarcc by suit for spariflo perfomnmca or,where appropriate,throughhijumAw relief, Sueh remedies ;,hall be in addition to my othcrreme files a-Warded raider Orogon law and flwsn rights of eura and reirnbutsoitumt apecigaaliy granfed under this agraatnent. 6. AitnmaygFcas. Li the overt that eitherparty brie a m aWon to enforce: Its rights hcriimder,including,but net llneited to,stinal,oilwW appeal,or wlrilo cufarcing Its rights in Any barrTcrapfay prnst cding,Ilea prevailing pally In such actlnn shall bo entitled to r'ceoivo all cosLW and roasanable nitumsy's fees in addition to Fray durauges to wl)lah itis doc by reason of such nation. 7. a ora,Any deramd or notion ellmved or e'equirc6hercuuder sleall be givrn.in(lie manner and to the addresses apccif ed s-s follows; TPL: ThcTrust fbrPublic:Land 806 S.W.Broadway Portland,Oregon 57203 Attu: ftabortTi.'1lotCoue Distrief: Rob Saxton,8aperinteudGnt 6960 S.W.tlandburg Street Tigard,Oregon 47223 With.ro ryto: ifcllyHossaid 4plion C55900-01 171PaK!)OeGA 74f 763.: Mifler-NashUX I11 S.W.Fifth Avenuc,Suite 3104 FaEtlmb4 Crux 97204 B. Reeordine. '11AN Agmc=trmy be regarded isy a3ther party in tbL- Rmords of Washington Conaty,Ongon. 9, No Ofjg Awe ndmant.E xceptas huehiotho wfs4 provided,no subsequent altoration,mmn0mcgt,ohnmgo,oraddition totblsAgm mpntahailbebindinguponeitherpatty unless reduced to writing and signed by thmm 10.• This Agreomant shall be povD ad and canshucd hi accordanao wifh and govarncd by the laws of the State of OLogon and shall not be conslr=d for or agaivat either parry as a rOSuli eftite dmflinghnreog IN'WITNESg'Wti'WWOV the paEflos hav4 executed this Agraamit as afthm tato above � vtrlticm. T.4lil';T'RUSTFOR I URUCLAND By. i wno; Ifs: TIGARD-9CUAX,ATIN FJCUO()L 3%MCT NO.23,T By; ----------------- Natme: Its, )62. Cotmuy of y Tld&ipstrumenEwua aa1�4w1edgad heiarrsma anthia day of 2UO,,by �s of ho �tfar F'tlbli4lund,a Califamia nanpmfitlrulslic UaaaSt aorpornfiian. . NOTARYPUBUCFOR ORE G N ' My C�vrnmiseian�{sirea; Page 13 uf29 Optio4 06GdQa-0i17JF'17X4bG'J�i7Ai7tG2 1 Ora.:r = ` r i i I STATE G OR EGON ) CrnUAy of ) :Chis insttt ment xus a0mDwIcdged hefiomme cmtlds�&Y of '!iigard-'PuaIn4in 8ul�oP1 Diut�ici hln ?.3r,etn On;�nn scl�onI dis�ict, NOTARY7'i7WJC Ft)RCRP iON My Cnmmisszon 13arpis�s; ,_� pago 24 OM Dpt�un - } - l+XH€ ff A.to thBBridgeMainfmmnce Agrceutetd TPL Property Legal Aeseriplinu rt ' Pada Z]a1z; �ptlan a�l9n-019PIPDX�U66:1747iG7i,2 PAG EOE 0 . i i MM DtotiroJ3kjdgeTifttemncoAgranwcat DidrIctPrflperty lmgal Dcualptiun Pugh 22 bf23 Option 035406611T1PPXbO01174770J3 r EXHIBIT PAGE t XX=IrrGintile Tidt3geMmintom—geAgocm nt Tho Bridg4 Pngv23af23 Option 45G4tl�-Ult2tE23)Si7aCG 17-09762 EXHIMBI CT PACC��'�QP.���_.