2009-036861 ~ Dartmouth Street ~ 69th Avenue ~ 70th Avenue`i
V.
ER RECORDING RETURN TO:
_-ITY OF TIGARD
131'25 SW Hall Blvd.
Tigard, OR 97223
Washington County, Oregon 209_036861
04/2812009 03:48:25 PM
D-DD Cnt=1 Stn=29 RECORDel
$25.00 $5.00 $11.00 - Total = $41.00
11111111111111 11111111111111111 1111111111111111
01356952200900368610050054
I, Richard Hobemlcht, Director of Assessment and w.
Taxation and Ex-Officlo County Clerk for Washington
county, Oregon, do hereby certify that the within
Instrument of writing was received and recorded In the
book of records of said cou?
t
Richard Hobemlcht, Of rector ent and
Taxation, Ex-Offlclo County Clerk
This.space is r-esei-ved for recorder's use
DEDICATION DEED
DARTMOUTH TOWNHOMES, L.L.C., an Oregon, limited liability company, Grantor,
conveys and dedicates to the CITY OF TIGARD, an Oregon municipal corporation, Grantee, the
following described real property for the use of the public as a public way:
See Exhibit A attached hereto and incorporated herein by reference.
The true consideration for this conveyance is $22,100.
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 SECTION 5 TO 11,
CHAPTER 424,-OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND'REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT,'THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT 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 DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007.
1 -DEDICATION DEED
P DX) 120497/ 163215/TQC/4565035.3
To Have and to Hold, the above-described and granted real property for the pUuposes
hereinbefore set forth into the public forever.
DARTMOUTH TOWNHOMES, L.L.C., an
Oregon limited liability company
iJ
By: VUA& /u-- /?es;( rrle-
Name:X /nu K
.
61 /'n
Title: ke, PW? &aLkx_ ?
Date: 2009
STATE OF OREGON )
) ss.
County of heol2 )
This Instrument was acknowledged before me on, rl , 2009, by
as of Dartmouth
Townhomes, L.L.C., an Oregon limited liability company.
I
R NOTARY P C OR OR GON
ON
My Conlmi, on Expires: : l l? (1l/
„335P011
s Continued on Following Page]
[Signature
2 - DEDICATION DEED
13DX/ 120497/ 168215/1'BC/4565035.3
The foregoing conveyance is hereby ACCEPTED:
STATE OF OREGON )
) ss.
County of Washington )
CITY OF TIGARD, an Oregon municipal
corporation
By: Z`7 -4-OL
Name: CA, Yo % 1,,L-/
Title:
Date: 2009
This instrument was acknowledged before me on r ? 2009, by
2-0 S'Stv- as Ma,*,- oL of The City of Tigard, an
Oregon municipal corporation.
OFF1CfAL sEAL
DIANE M ERKS
NOTARY PUBUGOREGON
COMMISSIOPI NO. 423523
MY COMMISSION DMU WW. 18, 2011
NOTARY PUBLIC FOR b/GO7
My Commission Expires:
3 - DEDICATION DEED
PDX/ 1 20497/ 1 652 1 5/'['BC/4565035.3
LEGAL DESCRIPTION
FOR
ADDITIONAL RIGHT-OF-WAY DEDICATION
SW DARTMOUTH STREET
A tract of land for right-of-way dedication purposes being a portion of Lots 17 thru 18 and Lot b
Block 1-1' WEST PORTLAND HEIGHTS, a,duly recorded subdivision in the- Southeast 'A of
Section 3,6, Township 1 South. jangp 1 West of the Willamette Meridian, 'City of Tigard,
Washington County, State of Oregon, also described as Reserve of Rig lit of Way in Document No.
2006-011330 of the. Washington County Deed Records, more particularly4esctibed.as follows:
Commencing at the Northwest corner of said Lot 17, said corner ;being 27.57 feet Easterly from the
Westrikht-of=way line of SW 70`' Avenue; thence along the North line of said Lot 17 S 890 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet, East' of the. West line of SW 70,'
Avenue S 01 ° 11' 56" East a distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01° 11' 56" E a distance of 11.00 feet to the beguinng;of a tangentcurve to the to the
left; thence along said curve,to the left with a radius of 35.00 feet, a central angle .of.89° 58' 33"
(a chord bears S 46° 11' 12" E,• 49.49` feet) and a length of 54.96 feet to a point of tangency; thence
N 88° 49' 31" E, along the northerly right of way of:SW'Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point..of-'curve ofa curve to the left;
thence along said curve to the leftwith'a radius of 404.47, a central angle.of:01 ° 41' 45" (a chord
bears 'N .87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left; thence along said cutv&to the left with a radius of 35:00 feet; a central angle of 87°09' 49"
(a chord bears N43° 32' 52" E, 48:26 feet) and .a length of 53.25 feetto°the west line of SW 69'h
Avenue; thence along said west line N 00° 02'03" W a distance of 11.01 feetto the beginning of a
non-tangent curve to the right; thence along said curve to the right with :a radius of 35.00 feet, a
central angle of 87° 04' 35" (a chord, which bears S 43° 30'.15" W; 48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the right and a point 47.00.feet from the center line of SW
Dartmouth Street when measured,,a.tright angles; thence along said curve to the rightwith'a radius
of 393 4'7, •a' central'angle of 01 46' 59" (a chord which bears S 87° 56' 02" W, 12.24 feet) and a
oint-oftangency; thence S 88 49 31' W of a curve
gfrom.th th of center 12.24 nter line feetto a pof_SW Dartmouth Street a distance of 137'68 feetparato a llel pwoiithnt of and curve rve . feet
to the right; thence along said curve to the, right with.a radius of 35:00 feet, ;a central:angle of 89°
58133" (a chord which bears N 46° 11' 12>"W 49.49 feet) and a length of 54:96 feet to the Tr e.
point of beginning
Containing 2399 square feet.
W
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SW 69TH AVENUE
w SW 70TH A\/FNlIF
April 20, 2009
AND DELIVERED
RECEIVED
APP 2009
City of Tigard
AdministrMlon
Timothy B. Crippen
Schwabe Williamson & Wyatt PC
1211 SW 5th Ave Ste 1900
Portland OR 97204
Re: Dedication Deed and Settlement Agreement
City of Tigard v. Dartmouth Townhomes, LLC
Washington County Circuit Court Case No. C090279CV
Our File No. 50014-36794.017
Dear Tim:
NOAH D. ERNST
Enclosed is the Dedication Deed, which has been signed by the City of
Admitted in: Tigard, and now awaits your client's signature. We have also enclosed a
Oregon and Washington copy of the Settlement Agreement, also executed by the City of Tigard.
Please have your client sign and return to us the original Dedication Deed,
and a copy of the signed Settlement Agreement.. Upon receipt, we will
forward to you the City of Tigard's check in the amount of $22,100, which
we have, and we will record the Dedication Deed.
Direct Dial If you have any questions, please call. If not, please remember that the court
(503) 598-5592 will dismiss the proceedings on May 5, 2009. We would prefer to have this
issue resolved this week.
E-mail
noah.emst@jordanschrader.com Sincerely,
JORDAN SC DER RAMIS PC
;Noah nst
Enclosures
cc: City of Tigard
50014 :36794.01716350+. doMEJ1412012009
Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503;598.7070 Fax: 503.598.7373 www.jordanschrader.com
1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 Toll Free: 888.598.7070
JORDAN SCHRADER KAMIS PC
AFTER RECORDING RETURN TO:
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
This space is reserved for recorder's use
DEDICATION DEED
DARTMOUTH TOWNHOMES, L.L.C., an Oregon limited liability company, Grantor,
conveys and dedicates to the CITY OF TIGARD, an Oregon municipal corporation, Grantee, the
following described real property for the use of the public as a public way:
See Exhibit A attached hereto and incorporated herein by reference.
The true consideration for this conveyance is $22,100.
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 SECTION 5 TO 11,
CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT 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 DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007.
I - DEDICATION DEED
°DX/ 120497/ 163215/TBC/4565035.3
To Have and to Hold, the above-described and granted.real property for the purposes
hereinbefore set forth: into the public forever.
DARTMOUTH TOWNHOMES, L.L.C., an
Oregon limited liabi=lity company
By:
Name:
Title:
Date: 2009
STATE OF OREGON
ss.
County of )
This instrument was acknowledged before me on
as
Townhomes, L.L.C., an Oregon limited liability company.
-, 2009, by
of Dartmouth
NOTARY PUBLIC FOR OREGON
My Commission Expires:
[Signatures Continued on Following Page]
2 DEDICATION DEED
PDX/.1 20497/ 168215/TBC/4565035.3
The foregoing conveyance is hereby ACCEPTED:
STATE OF OREGON )
) ss.
County of Washington )
CITY OF TIGARD, an Oregon municipal.
corporation
By:
Name: vo
Title:
Date: 2009
This instrument was acknowledged before me on .4704? 4 2009, by
as of The City of Tigard, an
O
Oregon municipal corporation.
OMCL41 sou
DIANE M JELDERKS.
NOTARY PUBUC-OREGON
COMMISSM NO.,423523
MY COMMISSION -DMS NOV 18,2011
NOTARY PUBLIC FOR GO
My Commission Expires: 4
3 - DEDICATION DEED
"PDX/120497/ 1'68215/TBC/4565035.3
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ADDITIONAL RIGHT-OF-WAY DEDICATION
SW DARTMOUTH STREET
A tract of land for right-of-way dedication purposes being a portion of Lots 17 thru 18 and Lot b
Block 11 WEST PORTLAND HEIGHTS, a duly recorded subdivision in the Southeast 114 of
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard,
Washington County, State of Oregon, also described as Reserve of Right of Way in Document No.
2006-011330 of the Washington County Deed Records, more particularly described as follows:
Commencing at the Northwest convex of said Lot 17, said comer being 27.57 feet Easterly from the
West right-of-way line of SW 70`'' Avenue; thence along the North line of said Lot 17 S 89° 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet East of the West line of SW 70"'
Avenue S 01 ° 11' 56" East a distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01 ° 11' 56" E a distance of 11.00 feet to the beginning of a tangent curve to the to the
left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 89° 58' 33"
(a chord bears S 46° 11' 12" E, 49.49 feet) and a length of 54.96 feet to a point of tangency; thence
N 88° 49' 31" E, along the northerly right of way of SW Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point of curve of a curve to the left;
thence along said curve to the left with n radius of 404.47, a central angle of 01 ° 41' 45" (a chord
bears N 87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 87°09' 49"
(a chord bears N43° 32' 52" E, 48.26 feet) and a length of 53.25 feet to the west line of SW 69`'
Avenue; thence along said west line N 00° 02' 03" W a distance of 11.01 feet to the beginning of a
non-tangent curve to the right; thence along said curve to the right with a radius of 35.00 feet, a
central angle of 87° 04'35" (a chord which bears S 43° 30'.15" W, 48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the right and a point 47.00 feet from the center line of SW
Dartmouth Street when measured at right angles; thence along said curve to the right with a radius
of 393.47, a central angle of 01' 46' 59." (a chord which bears S 87° 56' 02" W, 12.24 feet) and a
length of 12.24 feet to a point of tangency; thence S 88° 49' 31" W, parallel with and 47.00 feet
from the center line of SW Dartmouth Street, a distance of 137.68 feet to a point of curve of a curve
to the right; thence along said curve to the right with a radius of 35.00 feet, a central angle of 89°
58' 33" (a chord which bears N 46° 11' 12" W 49.49 feet) and a length of 54.96 feet to the True
point of beginning
Containing 2399 square feet.
SW DARTMOUTH STREET
ED
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and between the
City of Tigard, a State of Oregon municipal corporation ("City"), and Dartmouth Townhomes,
LLC, an Oregon domestic limited liability company ("Dartmouth") (referred to collectively
herein as the "Settling Parties").
RECITALS
WHEREAS, the City has determined it has an immediate need to improve the northwest
side of SW Dartmouth Street between 691h and 70`h Avenues as part of the Tigard Triangle Local
Improvement District No. 1;
WHEREAS, the City is in need of a portion of the Dartmouth's property on SW
Dartmouth Street for this public use, the legal description of which is attached hereto as
Exhibit A ("Property");
WHEREAS, the City filed a lawsuit against Dartmouth in Washington County Circuit
Court, commonly known as City of Tigard v. Dartmouth Townhomes, LLC, Washington County
Case No. C090279CV ("Lawsuit") to condemn the Property; and,
WHEREAS, the City and Dartmouth have reached a settlement of all issues related to
the Lawsuit and desire to end further litigation of the Lawsuit.
AGREEMENT
NOW THEREFORE, in consideration of the terms, covenants, and conditions expressed
in this Agreement to be kept and performed by the parties to this Agreement, and for other good
and valuable consideration, the receipt, adequacy, and sufficiency of which is hereby
acknowledged, and based on the foregoing recitals which each party acknowledges to be true,
and which are hereby incorporated into this Agreement, the parties mutually agree as follows:
1. Settlement. The City agrees to pay Dartmouth Twenty-Two Thousand One-
Hundred and 00/100 Dollars ($22,100.00) ("Settlement Amount"). The check shall be made
payable to Schwabe, Williamson & Wyatt in Trust for Dartmouth Townhomes, LLC and shall be
received at Schwabe, Williamson & Wyatt at PacWest Center, 1211 SW 5`h Ave., Suite 1900,
Portland, OR 97204. Dartmouth agrees to execute a dedication deed transferring ownership of
the Property to the City. The dedication deed shall be delivered to Jordan Schrader Ramis PC's
principal place of business at 2 Centerpointe Drive, 6th Floor, Lake Oswego, OR 97035.
2. Release of Claims. The Settling Parties release each other and their respective
officers, directors, shareholders and employees, members, representatives, constituents, agents,
laborers, heirs and assigns, and predecessors in interest, from any claims they have or may have
arising out of the City's condemnation of Dartmouth's property.
500]4-36794.0/7161207 2.doc\DRF/4/9/2009
3. Dismissal of Lawsuit. Upon receipt of the dedication deed in accordance with
paragraph 1 above, the City will execute and file a General Judgment of Dismissal in the
Lawsuit. Said dismissal, is to be with prejudice and without fees or costs to any party.
4. No Third-Party Beneficiaries. The Settling Parties intend that there be no
third-party beneficiaries to this Agreement.
5. Attorney Fees and other Costs and Expenses. The Settling Parties are each
responsible for their own costs and attorney fees incurred in the preparation of this Agreement.
In the event of a dispute arising out of the terms of this Agreement, or in an action to enforce the
terms of this Agreement, the prevailing party shall be entitled to an award of its reasonable
attorney fees and other costs and expenses incurred in that action or alternative dispute resolution
process.
6. Understanding of Terms. The Settling Parties agree that they have read and
understood and voluntarily accept the terms of this Agreement. The Settling Parties further
agree that this Agreement shall be construed as broadly as possible to encompass the Settling
Parties' mutual intent.
7. Additional Documentation; Time of the Essence. Each of the Settling Parties
agrees that it will execute any other documents that become reasonably necessary to effectuate
this Agreement, and further agrees that time is of the essence in executing this Agreement and
any other documents that become reasonably necessary to effectuate the same.
8. Integration. The terms and conditions contained in this Agreement comprise the
Settling Parties' entire understanding concerning the subject matter of this Agreement. Such
terms and conditions supersede all prior and/or contemporaneous oral and/or written
representations, discussions, negotiations, statements, promises, understandings, and agreements
concerning such subject matter.
9. Construction of Agreement. Because the Settling Parties have mutually
participated in the preparation of this Agreement, the rule of construction that contracts shall be
construed against the drafter shall not apply to the interpretation of this Agreement.
10. Signature Authority. Each of the Settling Parties and the individual signatories
executing this Agreement hereby represent and warrant that they have full authority to execute
this Agreement on their own behalf and on behalf of the entity or entities that they claim below
to represent, and that they sign as their free and voluntary act and deed.
11. Counterparts. This Agreement may be executed in multiple counterparts. Upon
execution, this Agreement shall become enforceable and binding upon each of the Settling
Parties even if it is signed in counterparts. The Settling Parties acknowledge that this Agreement
may be executed via facsimile and e-mail (scanned signature), and that an Agreement bearing a
facsimile or scanned signature shall be enforceable as if it was bearing an original signature.
12. Representation. The Settling Parties hereby warrant and represent that at all
times they have been represented by counsel or have had the opportunity to discuss this
Agreement with an attorney prior to affixing their respective signatures hereto. By executing
50014-36794.017161207 2.doc\DRF/4/9/2009
this Agreement, the Settling Parties warrant and represent that they have had an adequate amount
of time to properly analyze and consider all of the issues related to the terms and conditions
contained in this Agreement, and that they are entering into this Agreement of their own free will
and choice and not because of any statements, representations, or warranties made by the
opposing party or that party's counsel.
WHEREFORE, the Settling Parties agree to all the terms and conditions of this
Agreement by signing in their respective locations below. -
City of Tigard, a State of Oregon Municipal
Corporation
Dartmouth Townhomes, LLC, an Oregon
domestic limited liability company
By
Na
Its:
DATED: /S , 2009.
By:_
Name:
Its:
DATED: 2009.
?00/4-367920/7161207 2.doc\DRF/4/912009
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ADDITIONAL RIGHT-OF=WAY DEDICATION
SW DARTMOUTH STREET
A tract of land for right-of--way dedication purposes being a portion of Lots 17 thru 18 and Lot b
Block 11 WEST PORTLAND HEIGHTS, a duly recorded subdivision in the Southeast 'A of
Section 36, Township 1 South, Range 1 West of the Willamette Metidian, City of Tigard,
Washington County, State of Oregon, also described as Reserve of Right of Way in Document No.
2006-011330 of the Washington County Deed Records, more particularly described as follows:
Commencing at the Northwest corner of said Lot 17, said corner being 27.57 feet Easterly from the
West right-of-way line of SW 70`' Avenue; thence along the North line of said Lot 17 S 89° 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet East of the West line of SW 70`,
Avenue S 01 ° 11'56" Easta distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01 ° 11' 56" E a distance of 11.00 feet to the beg; nning of a tangent curve to the to the
left thence along said curve to the left with a radius of 35.00 feet, a central angle of 89° 58' 33"
(a chord bears S 46° 11' 12" E, 49.49.feet) and alength of 54.96 feet to a point of tangency; thence
N 88° 49' 31" E, along the northerly right of way of SW Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point of curve of a curve to the left;
thence along said curve to the left with a radius of 404.47, a central angle of 01 ° 41' 45" (a chord
bears N 87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 87°09' 49"
(a chord bears N43° 32' 52" E, 4826 feet) and a length of 5325 feet to the west line of SW 69 h
Avenue; thence along said west line N 00° 02' 03" W a distance of 11.01 feet to the beginning of a
non-tangent curve to the right; thence along said curve to the right with a radius of 35.00 feet, a
central angle of 87° 04'35" (a chord which bears S 43° 30' 15" W,.48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the right and a point 47.00 feet from the center line of SW
Dartmouth Street when measured at right angles; thence along said curve to the right with a radius
of 393.47, a central angle of 01 ° 46' 59" (a chord which bears S 87° 56' 02" W, 12.24 feet) and a
length of 12.24 feet to a point of tangency; thence S 88° 49' 31" W, parallel with and 47.00 feet
from the center line of SW Dartmouth Street, a distance of 137.68 feet to a point of curve of a curve
to the right; thence along said curve to the right with a radius of 35.00 feet, a central angle of 89°
58' 33" (a chord which bears N 46° 11' 12" W 49.49 feet) and a length of 54.96 feet to the True
point of beginning
Containing 2399 square feet.
ED
SW DARTMOUTH STREET
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SCHWABE, WILLIAMSON & WYATT
9a* A T T O R N E Y S AT L A W
Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 1 Phone 503.222.9981 Fax 503.796.2900 1 www.schwabe.com
TIMOTHY B. CRiPPEN
Admitted in Oregon
Direct Line: 503-796-2895
E-Mail: tcrippen@schwabe.com
April 23, 2009
VIA E-MAIL NOAH.ERNST@JORDANSCHRADER.COM AND FIRST CLASS MAIL
Noah D. Ernst
Jordan Schrader Ramis PC
Attorneys at Law
Two Centerpointe Dr., Suite 600
Lake Oswego, OR 97035
Re: City of Tigard v. Dartmouth Townhomes, LLC
Washington County Circuit Court Case No.: C090279CV
Our File No.: 120497/168215
Dear Noah:
Enclosed is a copy of the settlement agreement and dedication deed signed by Michael R.
Wardwell, a managing member of Dartmouth Townhomes, L.L.C.
Please have your client sign both documents as appropriate.
?i
•Y
I
I'
-. 1
These documents are being transmitted to you only with your agreement that the deed
will not be recorded until we have received a check from the City for $22,100.00 payable to
Schwabe, Williamson & Wyatt in Trust for Dartmouth Townhomes, L.L.C. The terms of the
settlement agreement, similarly, are contingent upon the receipt of these funds.
Portland, OR 503.222.9981 Salem, OR 503.540.4262 Bend, OR 541.749.4044
Seattle, WA 206.622.1711 Vancouver, WA 360.694.7551 1 Washington, DC 202.488.4302
PDX/120497/168215/TBC14613115.!
Noah,D. Ernst
April 23, 2009
Page 2
Please feel free,`to call me you have any questions..
Sincerely,
SCHWABE, WILLIAMSON & WYATT, P.C.
Timothy B. Crippen
TBC:Ied
Enclosure
cc: John M. Kearney (w/encl.)
Jill S. Gelineau (w/encl.)
?aW
PDX/120497/168215/TBC/4613115.1
SETTLEMENT AGREEMENT
TIIIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and between the
City of Tigard, a State of Oregon municipal corporation ("City"), and Dartmouth Townhomes,
LLC, an Oregon domestic limited liability company ("Dartmouth") (referred to collectively
herein as the "Settling Parties").
RECITALS
WHEREAS, the City has determined it has an immediate need to improve the northwest
side of SW Dartmouth Street between 69`x' and 70'x' Avenues as part of the Tigard Triangle Local
Improvement District No. I;
WHEREAS, the City is in need of a portion of the Dartmouth's property on SW
Dartmouth Street for this public use, the legal description of which is attached hereto as
Exhibit A ("Property");
WHEREAS, the City filed a lawsuit against Dartmouth in Washington County Circuit
Court, commonly known as City of Tigard v. Dartlrunrth. Tvwnhoni s, LLC, Washington County
Case No. C090279CV ("Lawsuit") to condemn the Property; and,
WHEREAS, the City and Dartmouth have reached a settlement of all issues related to
the Lawsuit and desire to end further litigation of the Lawsuit.
AGREEMENT
NOW TFIERF-'FORE, in consideration of the terms, covenants, and conditions expressed
in this Agreement to be kept and performed by the parties to this Agreement, and for other good
and valuable consideration, the receipt, adequacy, and sufficiency of which is hereby
acknowledged, and based on the foregoing recitals which each party acknowledges to be true,
and which are hereby incorporated into this Agreement, the parties mutually agree as follows:
1. Settlement. The City agrees to pay Dartmouth Twenty-Two Thousand One-
Hundred and 00/100 Dollars ($22,100.00) ("Settlement Amount"). The check shall be rnade
payable to Schwabe, Williamson & Wyatt in Trust for Dartmouth Townhomes, LLC and shall be
received at Schwabe, Williamson & Wyatt at PacWest Center, 1211 SW 5i1' Ave., Suite 1900,
Portland, OR 97204. Dartmouth agrees to execute a dedication deed transferring ownership of
the Property to the City. The dedication deed shall be.delivered to Jordan Schrader Ramis PC's
principal place of business at 2 Centerpointe Drive, 6th Floor, Lake Oswego, OR 97035.
2. Release of Claims. The Settling Parties release each other and their respective
officers, directors, shareholders and employees, members, representatives, constituents, agents,
laborers, heirs and assigns, and predecessors in interest, from.any claims they have or may have
arising out of'the City's condemnation of Dartmouth's property.
6YI14•36794.0/7161207 2.do0*/4/102009
3. Dismissal of Lawsuit. Upon receipt of the dedication deed in accordance with
paragraph I above, the City will execute and file a General Judgment of Dismissal in the
Lawsuit. Said dismissal is to be with prejudice and without fees or costs to any party.
4. No Third-Party Beneficiaries. The Settling Parties intend that there be no
third-party beneficiaries to this Agreement.
5. Attorney Tees and other Costs and Expenses. The Settling Partics are each
responsible for their own costs and attorney fees incurred in the preparation of this Agreement.
In the event of a dispute arising out of the terms of this Agreement, or in an action to enforce the
terms of this Agreement, the prevailing party shall be entitled to an award of its reasonable
attorney fees and other costs and expenses incurred in that action or alternative dispute resolution
process.
6. Understanding of Terms. The Settling Parties agree that they have read and
understood and voluntarily accept the terms of this Agreement. The Settling Parties further
agree that this Agreement shall be construed as broadly as possible to encompass the Settling
Parties' mutual Intent.
7. Additional Documentation; Time of the Essence. Each of the Settling Parties
agrees that it will execute any other documents that become reasonably necessary to effectuate
this Agreement, and further agrees that time is of the essence in executing this Agreement and
any other documents that become reasonably necessary to effectuate the same.
8. Integration. The terms and conditions contained in this Agreement comprise the
Settling Parties' entire understanding concerning the subject )natter of this Agreement. Such
terms and conditions supersede all prior and/or contemporaneous oral and/or written
representations, discussions, negotiations, statements, promises, understandings, and agreements
concerning such subject matter.
9. Construction of Agreement. Because the Settling Parties have mutually
participated in the preparation of this Agreement, the rule of construction that contracts shall be
construed against the drafter shall not apply to the interpretation of this Agreement.
10. Signature Authority. Each of the Settling Parties and the individual signatories
executing this Agreement hereby represent and warrant that they have full authority to execute
this Agreement on their own behalf and on behalf of the entity or entities that they claim below
to represent, and that they sign as their free and voluntary act and deed.
11. Counterparts. This Agreement may be executed in multiple counterparts. Upon
execution, this Agreement shall become enforceable and binding upon each of the Settling
Parties even if it is signed in counterparts. The Settling Parties acknowledge that this Agreement
may be executed via facsimile and e-mail (scanned signature), and that an Agreement bearing a
facsimile or scanned signature shall be enforceable as if it was bearing an original signature.
12. Representation. The Settling Parties hereby warrant and represent that at all
times they have been represented by counsel or have had the opportunity to discuss this
Agreement with an attorney prior to affixing their respective.signatures hereto. By executing
0014•36794.017 I6I2Q) 2.d x1'!4lIO;ZCHP)
this Agreement, the Settling Parties warrant and represent that they have had an adequate amount
of time to properly analyze and consider all of the issues related to the terms and conditions
contained in this Agreement, and that they are entering into this Agreement of their own free will
and choice and not because of any statements, representations, or warranties made by the
opposing party or that party's counsel.
WHE'RE'FORE, the Settling Parties agree to all the terms and conditions of this
Agreement by signing; in their respective locations below.
City of Tigard, a State of Oregon Municipal
Corporation
By:_
Name:
Its:
DATED:
2009.
Dartmouth Townhomes, LLC, an Oregon
domestic limited liability company
By: 'Ali4ll?l&ze,?I.-
Name: / G rll
Its: -?
DATED: , 2009.
50014-36704.017 361209 2.doc\•/d/1012009
AFTER RECORDING RETURN TO:
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
NO CHANGE IN TAX STATEMENT
This space is reserved for recorder's use
DEDICATION DEED
DARTMOUTH TOWNHOMES, L.L.C., an Oregon limited liability company, Grantor,
conveys and dedicates to the CITY OF TIGARD, an Oregon municipal corporation, Grantee, the
following.described real property for the use of the public as a public way:
See Exhibit A attached hereto and incorporated herein by reference.
The true consideration for this conveyance is $22,000.
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 SECTION 5 TO 11,
CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT 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 DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007.
I - DEDICATION DEED
PDX/ 120497/ 168215/IB C/4565035.3
To Have and to Hold, the above-described and granted real property for the purposes
hereinbefore set forth into the public forever.
OFFICIAL SEAL
NICOLE ALLISON
NOTARY PUBUC-OREGON
COMMISSION NO. 425411
MY COMMISSION EXPIRES FEBRUARY 10, 2012
DARTMOUTH TOWNHOMES, L.L.C., an
Oregon li ted?'liaabilit company
By:
Name: l
Title:
Date: 2009
STATE OF OREGON
} ss.
County of t"
This instrument was acknowledged before me on , 2009, by
l j o had ?Ar ,?1l as ftjaAaroah?a Me IY\ of Dartmouth
Townhomes, L.L.C., an Oregon limited liability company.
U"PA,
NOTARY PUBLIC FOR OREGON
My Commission Expires: a
[Signatures Continued on Following Page]
The foregoing conveyance is hereby ACCEPTED:
CITY OF TIGARD, an Oregon municipal
corporation
By:
Name:
Title:
Date: , 2009
STATE OF OREGON
) ss.
County of Washington )
This instrument was acknowledged before me on
as
Oregon municipal corporation.
_, 2009, by
of The City of Tigard, an
NOTARY PUBLIC FOR OREGON
My Commission Expires:
3 - DEDICATION DEED
PDX/ 120497/ 1682 B/TBC/456503 5.3
Form ® Request for 't'axpayer Give form to the
(Rev. October 2007) Identification Number and Certification requester. Do not
Departm ent of the Treasury send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
Dartmouth Townhomes, L.L.C.
M Business name, if different from above
Q
C
0
CL o Check appropriate box: ? Individual/Sole proprietor ? Corporation ? Partnership
? Limited liability corn an Enter the tax classification D=disre arded entity, C=cor P Y ( 9 poration, P=partnership) ? _ _ _ _ _ _ Exempt
E] payee
o ? Other (see instructions) ?
e Address (number, street, and apt. or suite no.) Requester's name and address (optional)
0
w 2508 NE 24th Ave. City of Tigard
City, state, and ZIP code 13125 SW Hall Blvd .
N Portland, OR 97212 Tigard, OR 97223
N I List account number(s) here (optional)
fer Identification Number
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter. 27 0138147
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign Signature of
Here U.S. person ll?
General Instructions t'
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Date ® ?/? / vv o
Demon of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
® An individual who is a U.S. citizen or U.S. resident alien,
® A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
® An estate (other than a foreign estate), or
o A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
Th U S d'
• e . owner of a Isregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 10-2007)
SCHWABE, WILLIAMSON & WYATT
9a* A T T O R N E Y S AT L A W
Pacwest Center, 1211 SW 5th Ave., Suite 1900, Portland, OR 97204 1 Phone 503.222.9981 Fax 503.796.2900 1 www.schwabe.com
TIMOTHY B. CRIPPEN
Admitted in Oregon
Direct Line: 503-796-2895
E-Mail: tcrippen@schwabe.com
April 27, 2009
VIA E-MAIL AND FIRST CLASS MAIL
Christopher K. Dolan
Attorney at Law
Jordan Schrader Ramis PC
PO Box 230669
Portland, OR 97281
Re: City of Tigard v. Dartmouth Townhomes, LLC
Washington County Circuit Court Case No.: C090279CV
Our File No.: 120497/168215
Dear Mr. Dolan:
In response to your call this morning, enclosed is the fully-executed dedication deed for
recording.
As I wrote in my April 23 letter to Mr. Ernst, these documents are being transmitted to
you only with your agreement that the deed will not be recorded until we have received a check
from the City for $22,100.00 payable to Schwabe, Williamson & Wyatt in Trust for Dartmouth
Townhomes, L.L.C. The terms of the settlement agreement, similarly, are contingent upon the
receipt of these funds.
Sincerely,
SCHWABE, WILLIAMSO & WYATT, P.C.
imothy B. Cri en
TBC:Ied
Enclosure
cc: Noah D. Ernst (w/o encl., via e-mail)
Jill S. Gelineau (w/o encl., via e-mail)
Portland, OR 503.222.9981 i Salem, OR 503.540.4262 1 Bend, OR 541.749.4044
Seattle, WA 206.622.1711 i Vancouver, WA 360.694.7551 1 Washington, DC 202.488.4302
PDX/ 120497/ 168215/TBC/4633997. I
r
AFTER RECORDING RETURN TO:
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
This space is reserved for recorder's use
DEDICATION DEED
DARTMOUTH TOWNHOMES, L.L.C., an Oregon limited liability company, Grantor,
conveys and dedicates to the CITY OF TIGARD, an Oregon municipal corporation, Grantee, the
following described real property for. the use of the public as a public way:
See Exhibit A attached hereto and incorporated herein by reference.
The true consideration for this conveyance is $22,100.
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 SECTION 5 TO 11.
CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF
THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.0.10 OR 215.010. TO VERIFY
THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS. IF
ANY, UNDER ORS 195.300. 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO l I.
CHAPTER 424, OREGON LAWS 2007.
I - DEDICATION DEED
PDX/ 120497/1682 [5/TBC/4565035.3
To-Have and to Hold, the above-described and granted real property for the purposes
hereinbefore, set forth int0'tl.1e public forever.
DARTMOUTH TOWNHOMES, L.L.C., an
Oregon limited liability company
By:
Name:
Title: A-C.t?'- %/
Date: V >k 'L1 2009
STATE OF OREGON )
) ss.
County of i"Il/jj?e& )
This iinstlrUnlent was acknowledged before me on 2009, b}
as of Dartmouth
Townhomes, L.L.C., an Oregon :limited liability company.
OFFICIALSEAL .
CARRIE J FISCHER NOTARY P C OR OR GON
NOTARY PUBLIC-OREGON
COMMISSION NO. A413325 My Comil3l On EXpll"eS: ! 3?CJ
.-MY COMMISSION EXPIRES JANUARY 13, 2011
[Signatures Continued on Following Page]
2 - DEDICATION DEED
PD\/120497; 1682 15/TBC/4565035.3
The foregoing conveyance is hereby ACCEPTED:
STATE OF OREGON j
) ss.
County of Washington )
CITY OF TIGARD, an Oregon municipal
corporation
By:
Name. vt?
Title:
Date: y?/ 3 2009
This instrument was acknowledged before me on arL? 43-ft-1 2009, by
as ?Q of The City of Tigard, an
Oregon municipal corporation.
NAME E1DERKS
NOTARY PUBUGOREGON
COWS" NO. 423523
MY COMMISS6 N DNO NOV 18, 2011
LLAAJL-?7R
-6 1"'W941
NOTARY PUBLIC FOR GO
My Commission Expires: 910
DFDICATION DEED
PD\ 12049- I08-2 1?IBC4j0SO, -?_I
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ADDITIONAL RIGHT-OF-WAY DEDICATION
SW DARTMOUTH STREET
A tract of land for right-of-way dedication purposes being a portion of Lots 17 thru 18 and Lot b
Block 11 WEST PORTLAND HEIGHTS, a duly recorded subdivision in the Southeast '14 of
Section 36, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard,
Washington County, State of Oregon, also described as Reserve of Right of Way in Document No.
2006-011330 of the Washington County Deed Records, more particularly described as follows:
Commencing at the Northwest corner of said Lot 17, said comer being 27.57 feet Easterly from the
West right-of-way line of SW 70`h Avenue; thence along the North line of said Lot 17 S 89° 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet East of the West line of SW 706
Avenue S 01 ° 11'56" East a distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01' 11' 56" E a distance of 11.00 feet to the beginning of a tangent curve to the to the
left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 89° 58' 33"
(a chord bears S 46° 11' 12" E, 49.49 feet) and a length of 54.96 feet to a point of tangency; thence
N 88° 49' 31" E, along the northerly tight of way of SW Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point of curve of a curve to the left;
thence along said curve to the left with a radius of 404.47, a central angle of 01° 41' 45" (a chord
bears N 87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 87°09' 49"
(a chord bears N43° 32' 52" E, 48.26 feet) and a length of 53.25 feet to the west line of SW 69'h
Avenue; thence along said west line N 00° 02' 03" W a distance of 11.01 feet to the beginning of a
non-tangent curve to the right; thence along said curve to the right with a radius of 35.00 feet, a
central angle of 87° 04' 35" (a chord which bears S 43° 30' 15" W, 48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the night and a point 47.00 feet from the center line of SW
Dartmouth Street when measured at right angles; thence along said curve to the tight with a radius
of 393.47, a central angle of 01 ° 46' 59" ( a chord which bears S 87° 56' 02" W, 12.24 feet) and a
length of 12.24 feet to a point of tangency; thence S 88° 49' 31" W, parallel with and 47.00 feet
from the center line of SW Dartmouth Street, a distance of 137.68 feet to a point of curve of a curve
to the right; thence along said curve to the tight with a radius of 35.00 feet, a central angle of 89°
58' 33" (a chord which bears N 46° 11' 12" W 49.49 feet) and a length of 54.96 feet to the True
point of beginning
Containing 2399 square feet.
-,r -
SW DARTMOUTH STREET
EI
z
D
rl
o?
D
F9
C
m
X2399 SQUARE FEET
tJ
April 28, 2009
HAND DELIVERED
CLIENT'S C0pY
S MNED
APR 3 1 2009
Cdmni t ato
)ORDAN.SCHRADr:r. RAh-lIS f'C Timothy B. Crippen
Schwabe Williamson.& Wyatt PC
1211 SW 5th Ave Ste 1900
Portland OR 97204
Re: Settlement Check
City _of"Tigard v. Dartmouth Townhomes, LLC
Washington County Circuit Court Case No. C090279CV
Our File No. 50014-36794.017
NOAH D. ERNST Dear Tim:
Admitted in: Enclosed is the City of Tigard':s Check No. 62830, in the amount of
Oregon and Washington $22,100.00. We will proceed with recording of the Dedication Deed_
1f you have any questions, please call.
Sincerely,
JORDAN SCHRADER RAMIS PC
Direct Dial
(503) 598-5592
E-mail oah D. Ern,
noah.emst @ jordansch rader. com
Enclosure
cc: City of Tigard
Q w
i0014-36794.017 164200_d,0CE11111,v2009
Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Phone: 503.598.7070 Fax: 503.598.7373 www:jordanschrader.com
1498 SE Tech Center Place, Suite 380 Vancouver, WA 98683 Phone: 360.567.3900 Fax: 360.567.3901 poll Free: 888.598.7070