2012-038178 Assignment of Metro Trail Easement to City of Tigard r •Y. . -
Washington County, Oregon 2012-038178
05/11/2012 09:43:06 AM
i* `= D -EA Cnt =1 Stn =10 A DUYCK
$85.00 $5.00 $11.00 $15.00 - Total = $116.00
Assignee's Name and Address:
The City of Tigard 111111 1111 11110 11111 I 11111
13125 SW Hall Boulevard 01705014201200381780170171
I, Richard Hobernicht, Director of Assessment and
Tigard, OR 9722) Taxation and Ex•Offlelo County Clerk for Washington
County, Oregon, do hereby certify that the within .-grr -
Instrument of writing was received a d re orded In the '; �... ;w ! 1.1
b ook of records of said coin
Assignor's Name and Address
Metro Richard Hobernicht, Director of Assessment and cwt 3t
Taxation, Ex- Officio County Clerk
Office of Metro Attorney
600 NE Grand Avenue
Portland- OR 97232 -2736
AFTER RECORDING, RETURN TO: •
The City of Tigard
City Engineer
13125 SW Hall Boulevard
Tigard, OR 97223
ASSIGNMENT OF EASEMENT
This ASSIGNMENT OF EASEMENT ("Assignment") is made as of the last date of signature herein (the
"Effective Date ") by between Metro, an Oregon municipal corporation ( "Assignor "), and the City of
Tigard, an Oregon municipal corporation ( "Assignee ").
Recitals
WHEREAS, Assignor is the holder of that certain Trail Easement dated April 8, 2010, granted by Tigard
Industrial LLC, an Oregon limited liability company, and recorded in the real property records of
Washington County Oregon on April 9, 2010 as Document No. 2010 - 026710 (the "Easement ").
WHEREAS, as permitted under Section 14 of the Easement, Assignor wishes to assign all of its right,
title and interest under the Easement to Assignee and Assignee wishes to accept and assume all of the
right, title and interest of Assignor thereunder.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor and Assignee agree as follows:
Agreement
1. Assignor hereby assigns, transfers, conveys, and sets over to Assignee all of Assignor's estate, right,
title, and interest in, to, and under the Easement. Assignee hereby accepts the forgoing assignment and
assumes all of the duties, obligations, and responsibilities of the holder of the Easement.
2. Assignor has notified Tigard Industrial LLC that the Easement is being assigned to Assignee.
3. This Assignment shall be governed by and construed under the laws of the State of Oregon. In case
any of the provisions of this Assignment shall at any time be held by a court of competent jurisdiction to
be illegal, invalid or unenforceable for any reason, such illegality, invalidity, unenforceability shall not
affect the remaining provisions of this Assignment, and such remaining provisions shall be construed and
enforced to the fullest extent permitted by law.
1 -- Assignment of Easement — Tigard Industrial LLC
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ASSIGNEE: ASSIGNOR:
City of Tigard Met
By: �'V " M By : //�
� ? { / 1A JV/ i_, n „ Ma Chief Operating Bann
Name: � ���� l (/Y / f perating Officer
Title: i ' (um - .
: „, -..., OFFICIAL SEAL
e f.: CATHERINE D WHEATLEY
"”. NOTARY PUBLIC - OREGON
∎;;,� COMMISSION NO. 459116
State of OREGON ` ` MY COMMISSION EXPIRES AUGUST 04, 2015
County of i h,(n '�n
�J rr
This instrument was acknowledged befor me on ►`' I l q , 2012 by
e Eh IV-C co -1 n a ,,S -t, C:�{ ' 1 n►� Qcof the City of Tigard, an
Oregon municipal corporation. J J
1
6 - 0. l aT t
ar Public - State oftOregonC
State of OREGON
County of Multnomah Cl
Th' instr ment_wa cknowledged before e on • / , , 2012 by
a(, I . JJ, /l.7 as l:,/1i Dp.• / 9 I ?.1.A__ of Metro, an Oregon
municipal corporation. v
i,„„.., OFFICIAL SEAL
.� KAYLENE 1 KIRCHEM
./ ) , ` / J NO TARY PUBLIC - OREGON
` COMMISSION PiO. 449639
Notary '' ublic - State of Oregon MY COMMISSION EXPIRES JUNE 07, 2014 -
2 -- Assignment of Easement — Tigard Industrial LLC
EASEMENT EXHIBIT A
Property Legal Description
Parcel I:
TRACT A:
Beginning 8.78 feet North 89 °23' East and 306.20 feet South 18 °20' West from the Northwest comer
of Lot 21 of North Tigardville Addition as amended, a plat of record in Section 2, Township 2 South,
Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon; thence North
71 °40' West 324.30 feet to a point on the West line of Lot 22 of the above said Tigardville Addition;
thence South 0 °45' East on the above said West line of Lot 22 a distance of 236.12 feet to an angle
point in said West line of Lot 22; thence South 11 °12' West 9.29 feet to a point; thence South 67 °08'
East 374.02 feet to a point on the Westerly right of way line of County Road No. 893 (Lucas Road);
thence North 23 °40' East on said Westerly line of road 234.60 feet to a point; said point being the
Southeast corner of that tract in correction Deed recorded May 15, 1972 in Book 867, Page 272,
Records of Washington County; thence North 71°40' West 148.71 feet to a point; thence North 18 °20'
East 28.34 feet to the point of beginning.
TOGETHER WITH that portion of S.W. Lucas Avenue which inured thereto by reason thereof by
Vacation Ordinance No. 75 -17, recorded April 1, 1975 in Book 1016 Page 693.
TRACT B:
Beginning 8.78 feet North 89 °23' East and 306.20 feet South 18 °20' West from the Northwest comer
of Lot 21 of North Tigardville Addition, as amended, a plat of record in Section 2, Township 2 South,
Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon; thence South
18 °20' West 23.53 feet to the true point of beginning of the parcel described herein; thence continuing
South 18 °20' West 4.81 feet to a point; thence South 71 °40' East, 128.49 feet to a point; thence North
18 °24'57" East, 4.62 feet to a point; thence North 71 °35'03" West 128.50 feet to the true point of
beginning.
Parcel II:
Beginning at a point on the Easterly right of way line of Lucas Avenue, said point of beginning being
305.74 feet South 23 °40' West from the intersection of the Easterly right of way line of Lucas Avenue
and the Southerly right of way line of County Road No. 767 (Tigard Street) in Section 2, Township 2
South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon; thence
South 74 °08'20" East 256.96 feet to a point on the Westerly line of Tract I of that certain tract of land
conveyed by Deed in Book 313, Page 480 of the Washington County Deed Records; thence South
15 °51'39" West on above said Westerly line 182.55 feet to the Southwest .comer thereof; thence South
76 °21'30" East on the Southerly line of said tract (Book 313, Page 480) 50.00 feet, more or less, to the
center of Fanno,Creek; thence upstream in center of creek to a point 151.96 feet Southerly from the
last described line when measured at a right angle; thence leaving said creek North 75 °11' West
315.00 feet, more or less, to a point on the Easterly right of way line of Lucas Avenue; thence North
23 °40' East on said line 343.22 feet to the point of beginning.
TOGETHER WITH that portion of S.W. Lucas Avenue which inured thereto by reason thereof by
Vacation Ordinance No. 75 -17 recorded April 1, 1975 in Book 1016, Page 693.
Page 1 TRAIL AND GREENWAY EASEMENT — Exhibit A
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EASEMENT EXHIBIT A
Property Legal Description
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Parcel III:
TRACT A:
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. Beginning at a point on the Westerly right of way line of Lucas Avenue; said point of beginning being
538.91 feet South 23°4(Y West from the intersection of the Westerly right of ay line of Lucas Avenue
and the Southerly right of way line of County Road No. 767 (Tigard Street) in Section 2, Township 2 -.
South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon;
thence North 67 °08' West 374.02 feet to a point; thence South 11°12' West 108.00 feet, more or less,
to the center of Fanno Creek; thence in the center of said creek and downstream to a point on the
Southern Extension of the Westerly right of way line of Lucas Avenue; thence North 23 °40' East
110.00 feet to the point of beginning.
TOGETHER WITH that portion of S.W. Lucas Avenue which inured thereto by reason thereof by
Vacation
Ordinance No. 75 -17 recorded April 1, 1975 in Book 1016, Page 693.
TRACT B:
•
Beginning at a point on the Easterly right of way line of Lucas Avenue; said point of beginning being
628.96 feet South 23 °40' West from the intersection of the Easterly right of way line of Lucas Avenue
and the Southerly right of way line of County Road No. 767 (Tigard Street) in Section 2, Township 2
South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon;
thence South 21°20' East 28.28 feet to a point; thence South 75 °1P East 282.27 feet, more or less, to
the center of Fanno Creek; thence in the center of said creek and upstream in a Westerly direction, to a
point on the Southern extension of the Easterly right of way line of Lucas Avenue; thence North
23 °40' East 52.00 feet, more or less, to the point of beginning.
TOGETHER WITH that portion of S. W. Lucas Avenue which inured thereto by reason thereof by
Vacation Ordinance No. 75 -17 recorded April 1, 1975 in Book 1016, Page 693.
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Page 2 TRAIL AND GREENWAY EASEMENT — Exhibit A
EASEMENT EXHIBIT B -1
Easement Area Legal Description
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A parcel of land lying in the northwest one - quarter of Section 2, Township 2 South, Range 1
West, W.M., City of Tigard, Washington County, Oregon, and being a portion of that
property described in the Statutory Warranty Deed to Tigard Industrial LLC, recorded March
. 5, 1999 as Document No. 99027431, Washington County Records; the said parcel being that
portion of said property lying on the southerly side of the following described line:
Beginning at a point which bears South, a distance of 491 feet, and West, a distance of
574.94 feet from the monumented north one - quarter corner of said Section 2; thence
North 85° 08' 02" West, a distance of 25.00 feet to a 5/8" iron rod; thence continuing
North 85° 08' 02" West, a distance of 145.09. feet to a 5/8" iron rod; thence
North 85° 49' 07" West, a distance of 170.45 feet to a 5/8" iron rod and the True Point of
Beginning; thence South 53° 56' 33" West, a distance of 126.06 feet to a 5/8" iron rod; thence
North 70° 34' 30" West, a distance of 205.42 feet to a 5/8" iron rod; thence
North 22° 10' 27" West, a distance of 90.79 feet to a 5/8" iron rod; thence
North 69° 07' 25" West, a distance of 224.83 feet to a 5/8" iron rod; thence
North 70° 35' 26" West, a distance of 140.16 feet to a 5/8" iron rod; thence continuing
North 70° 35' 26" West, a distance of 25.00 feet to tenninus of this line.
Bearings and distances are based on the Oregon Coordinate System of 1983, North Zone.
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Page 1 TRAIL AND. GREENWAY EASEMENT — Exhibit B -1