2005-101138 1 W `ngton County, Oregon 2005-101138
k C '005 10:13:27 AM
D -L Cnta1 t tnal0 K BARNETT
$15.00 $11.00 - Total a $28.00
AFTER RECORDING, RETURN TO: 111111111111 11111111111111111
0082067220050101138
City Records I, Jerry Hanson, Director of Assessment and Taxation
and Ex- Officio County Clerk for Washington County,t7.;,o ±,
City of Tigard Oregon, do hereby certify that the within Instrument of J c t a
13125 SW Hall Blvd. writing was received and recorded in the book of '% :,�
records of said county. g p y � �
Tigard, OR 97223 Jerry R. Hanson, Director ment and Taxation, `;"
Ex-Officio County Clerk
C1o �rc�o� S- vvla V� L
NOTICE OF SEGREGATION OF ASSESSMENT AND CLAIM OF LIEN
Whereas, the City of Tigard (the "City ") has levied the final assessments for the project known
as the Dartmouth Local Improvement District; and
Whereas, disputes over the validity of the assessments have been resolved in favor of the
City, and the assessments have been determined to be legal and valid; and
Whereas, the owners of a certain property within the district, located at 12105 SW 72
Avenue, Tax Lot No. 2S101 BA00300 legally described as a portion of the northeast and northwest
one - quarters of section 1, township 2 south, range 1 west of the Willamette meridian, City of Tigard,
Washington County, State of Oregon, particularly described as follows: Commencing at a 5/8" iron
rod with yellow plastic cap marked "Repetto -LS 657" marking the southeast corner of lot 8 of the plat
"Palmer Acres ", said corner being on the south line of the Geo. Richardson D.L.C. No. 38; thence
north 00 °12'57" east along the east line of said plat, 690.51 feet to the south line of the tract
described in document no. 2003 - 137058; thence leaving said plat line south 89 °23'58 "east along said
south line, 793.32 feet to the point of beginning; thence continuing south 89 °23'58" east along said
south line, 503.39 feet to the west right -of -way line of SW 72 Avenue, 46.00 feet from the centerline
thereof; thence south 01 °00'19" east along said right -of -way line, 358.40 feet to the north line of the
tract described in document no. 90070042; thence leaving said right -of -way line north 81 °52'52" west
along said north line and the westerly extension thereof, 509.58 feet; thence north 01°01'04" west,
291.70 feet to the point of beginning. Containing approximately 615,791 square feet or 14.14 acres, .
(the "Property "), applied for and were granted the right to pay the assessment in installments; and
Whereas the City has a lien against the Property to secure payment of the assessment on the
Property;
Whereas, the Property has been divided by court order, with each of the property owners
receiving a separate portion of the Property, with Gordon R. Martin receiving the portion referred to
herein as Portion 1 and Gordon S. Martin receiving the portion referred to herein as Portion 2; and
Whereas, Portion 1 (West Portion) is described as a portion of the northeast and northwest
one - quarters of section 1, township 2 south, range 1 west of the Willamette meridian, City of Tigard,
Washington County, State of Oregon, particularly described as follows: Beginning at a 5/8" iron rod
with yellow plastic cap marked "Repetto -LS 657" marking the southeast corner of lot 8 of the plat
"Palmer Acres ", said corner being on the south line of the Geo. Richardson D.L.C. No. 38; thence
north 00 °12'57" east along the east line of said plat, 690.51 feet to the south line of the tract
described in document no. 2003 - 137058; thence leaving said plat line south 89 °23'58 "east along said
south line, 793.32 feet; thence leaving said south line south 01 °01'04" east, 291.70 feet to the
westerly extension of the north line of the tract described in document no. 90070042; thence north
IIIII IIIIIIIIIIIIIIII II Iil
2005- 101138
81 °52'52" west along said westerly extension, 281.22 fee to the northerly extension of the west line of
lot 8 of the plat "Hermoso Park "; thence south 00 °48'40" west along said extension and the west line
of said lot 8, 506.45 feet to said south line of the Geo. Richardson D.L.C. No. 38; thence north
81 °35'51" west along said D.L.C. line, 521.08 feet to said Repetto iron rod and the point of beginning.
Containing approximately 452,241 square feet or 10.38 acres.
Whereas, Portion 2 (East Portion) is described as a portion of the northeast one - quarter of
section 1, township 2 south, range 1 west of the Willamette meridian, City of Tigard, Washington
County, State of Oregon, particularly described as follows: Commencing at a 5/8" iron rod with yellow •
plastic cap marked "Repetto -LS 657" marking the southeast corner of lot 8 of the plat "Palmer Acres ",
said corner being on the south line of the Geo. Richardson D.L.C. No. 38; thence north 00 °12'57"
east along the east line of said plat, 690.51 feet to the south line of the tract described in document
no. 2003 - 137058; thence leaving said plat line south 89 °23'58 "east along said south line, 793.32 feet
to the point of beginning; thence continuing south 89 °23'58" east along said south line, 503.39 feet to
the west right -of -way line of SW 72 Avenue, 46.00 feet from the centerline thereof; thence south
01 °00'19" east along said right -of -way line, 358.40 feet to the north line of that tract described in
document no. 90070042; thence leaving said right -of -way line north 81 °52'52" west along said north .
line and the westerly extension thereof, 509.58 feet; thence north 01 °01'04" west, 291.70 feet to the
point of beginning. Containing approximately 163,550 square feet or 3.75 acres;
Whereas, an owner of one of the portions has applied for the lien to be segregated among the
two portions;
Whereas, the City has calculated the portion of the assessment that each portion of the
Property is responsible for, using the apportionment method used to impose the final assessment;
Whereas, the amount of the final assessment on the Property was $1,160,427.44 and the
outstanding balance is currently $1,160,427.44.
Whereas, using the apportionment method used to impose the final assessment, Parcel 1 is
responsible for $826,028.79 of the outstanding balance and Parcel 2 is responsible for $334,398:65
of the outstanding balance;
Now, therefore:
The assessment lien on the Property is hereby segregated among the two portions of the
property as follows:
Portion 1 (West Portion) -- $826,028.79 (Owner Gordon R. Martin)
Portion 2 (East Portion) -- $334,398.65 (Owner Gordon S. Martin)
The City claims a lien on each property in the amounts stated above, plus any interest or
penalties imposed by the City with respect to any installments which are not paid when due.
The segregated lien was entered in the City's lien docket on July 19, 2005 and may be
recorded in the Washington County lien records in accordance with ORS 93.643.
Dated 0
Tom lmdieke, Interim Finance Director
STATE OF OREGON, County of Washington.
"111111IIIIIIIIIIIIIII II III
)05- 101138
The forgoing document was acknowledged before me kr day of r , 2005 by Tom
Y g Y 9
Imdieke Interim Finance Director for the Cit of Ti and on behalf of the Cit of Yi ard.
V OIZO#
Notary Public for Oregon
My Commission expires ' /o P
OFF ICIAL SEAL
'� .M = MAUREEN DENNY
NOTARY PUBLIC- OREGON
) COMMISSION NO. ( MY COMMISSION EXPIRES JULY 29, 2008