2012-038179 Assignment of Metro Trail Easement to City of Tigard Washington County, Oregon 2012 - 038179
05/11/2012 09:43:06 AM
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 I 11111.1111111 .1111 111111 III]
13125 SW Hall Boulevard 01705015201200381790170178
I, Richard Hobernicht, Director of Assessment and
Tigard, OR 97223 Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within J,.w rrY '
Instrument of writing was received a d re orded in the.,y +�.
Assignor's Name and Address book of reco of said coin �� e`:
Richard Hobernicht, Director of Assessment and - ro,
Metro 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 13, 2010, granted by James
R. Elliot and Sherry D. Elliott, and recorded in the real property records of Washington County Oregon
on April 21, 2010 as Document No. 2010 - 030494 (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 James R. Elliot and Sherry D. Elliott 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- Elliott
ASSIGNEE: ASSIGNOR:
City of Tigard Metro
B /( 09/ . B �'! / / % /I
M. rtha J. Ben -tt
Name: 14 1,=,:19-(-610 N �U J' " Chief Operating Officer
Title: UVy✓ i to1'lAi (/(:L `' ' '' a4M / CA/ / 6J
State of OREGON ] GON
County of (41x6 1( 'Do
This instrument was acknowledged before me on C , 2012 by
51i A a -t V -�Y\ as - ME& / aCif of the City of Tigard, an
Oregomunicipal corporation. i
' O FF IC IAL S EA
e �; CATHERINE D HEAT LEY / / I i �/ \ NOTARY PUB EGON
A �r `. , COMMISSION N0. 4591
Notary Oregon 20 Public - State of Ore MY COMMISSION EXPIRES AUGUST 04, 2015
State of OREGON
County of Multnomah
This instrument was acknowledged before me on �/ , 2012 by
Martha J. Bennett as Chief Operating Officer of Metro, a Oregon municipal corporation.
/ ,
/ ' z • OFFICIAL SEAL
KA YLENE L KIRCHEM
` Nota ' ublic -State of Ore on NOTAR PUBLIC - OREGON
g COMMISSION NO. 449639
MY COMMISSION EXPIRES JUNE 07, 2'014
2 -- Assignment of Easement- Elliott
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EXHIBIT A
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Property Legal Description
Parcel 1:
Part of Lots 21 and 60, Amended Plat of North Tigardville Addition, in the City of Tigard, .
Washington County, Oregon, described as follows:
Commencing at the Northwest corner of Lot 60; thence South 64 °49' East along the Northerly
line of said Lot, 105.0 feet; thence South 15 °28' West 40.6 feet to the Southerly line of
County Road No. 767 and the true point of beginning; thence South 15 °28' West 345.0 feet;
thence North 64 °49' West 90.2 feet; thence South 15 °28' West 104.8 feet to the Southwest
corner of the Palmer H. Olson Tract in Lot 21, North Tigardville Addition, Amended Plat, as
described in deed recorded October 24, 1957, Book 399, Page 204, Deed Records; thence
South 76 °43' East 90.5 feet to a point on the Southerly line of said Lot 21; thence Easterly
along the Southerly line of said Lot 21 to the Southwest corner of said Lot 60; thence
following the Southerly line of Lot 60, along the old channel of Fanno Creek, in a Southerly,
Easterly and Northerly direction, to the Southeast comer of said Lot 60; thence North 16 °00'
East along the Easterly line of said Lot 60, 100 feet, more or less, to a point that is South 16°
00' West 240 feet from the Southerly line of County Road No. 767; thence North 64 °49' West
140 feet to the most Westerly comer of tract described in deed to Gilbert G. Anderson,
recorded June 18, 1953, Book 346, of Deed Records, Page 85; thence North 20 °46' East 237
feet to the most Northerly comer of said Anderson Tract and the Southerly line of County
Road No. 767; thence North 64 °49' West along the Southerly line of said County Road 113.4
feet to the true point of beginning.
Parcel II:
A portion of those tracts of land described in Book 486, Page 32 and Document Number
83015320 situated in the Northwest quarter of Section 2, Township 2 South, Range 1 West,
Willamette Meridian, in the City of Tigard, Washington County, Oregon, being more
particularly described as follows:
Beginning at a point on the East line of Lot 60, NORTH TIGARDVILLE ADDITION
AMENDED PLAT, said point bearing South 16 °00'00" West, 221.50 feet from the
intersection of the Southerly right of way line of SW Tigard Street and the East line of said
Lot 60, the South right of way line being 30 feet distant from the centerline thereof; thence
along said East line of Lot 60, South 16 °00'00" West, 8.34 feet to the Southeast corner of that
tract of land described in Book 486, Page 32; thence along the South line thereof, and
continuing along the South line of that tract of land described in Document Number
83015320, North 64 °49'00" West, 113.79 feet; thence leaving said line, parallel with and 10
feet distant from the South edge of an existing building, South 89 °00'17 "East, 112.76 feet to
the point of beginning.
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EXHIBIT B -1
Easement Area Legal Description
A parcel of land Tying 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 Bargain and Sale Deed to James R. Elliot and Sherry D. Elliot, recorded March 31, 20,00
as Document No. 2000025272, 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 491.19 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 and the True Point of Beginning; 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.
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