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2013-62968 IANDYE BENNETT P. STEPHEN RUSSELL III,P.C. . BLUMSTE I N LLP srus e l @lbb an.yers.com A T T O R N E Y S July 23, 2013 VIA EMAIL Jeff.bennett@jordanschrader.corn Jeffrey J. Bennett Jordan Schrader Ramis, PC 2 Centerpointe Dr., 6th Floor Lake Oswego, OR 97035 Re: Quail Hollow West/Tract S Dear Jeff: I have now received copies of the recorded deed conveying Tract S to the City of Tigard, as well as the recorded Amendment to the Declaration of CC&RS removing Tract S as common area. With these documents, we understand that the City has now assumed responsibility for Tract S, and that the Association's transaction with the City is complete. Thank you for your cooperation in this matter. Very truly yours, �J . 'tephen Russell III, P.C. /j lw cc: Community Management, Inc. Quail Hollow West Owners' Association Attachment 11029-000 T1 Oregon: 1300 Southwest Fifth Avenue,Suite 3500 • Portland,Oregon 97201 •Tel:503.224.4100• Fax:503.224.4133 ��I Alaska: 701 West Eighth Avenue,Suite 1200 •Anchorage,Alaska 99501 •Tel:907.276.5152 • Fax:907.276.8433 729966 \O Washington County,Oregon 2013-062969 07/11/201310:24:26 AM D-R/BAM Cnt=2 Stn=9 D MOON ,\ $10.00$5.00$5.00$11.00$15.00-Total 4446.00 After Recording Return to: 01855443201300629690020024 P.Stephen Russell III I,Richard Hobernicht,Director of Assessment and p Taxation and Ex-Officio County Clerk for Washington LLP r ° rth 'LANDYE BENNETT BLUMSTEIN d n the 1300 SW Fifth Avenue,Suite 3500 book of records of said cou r' Portland OR 97201 vV�~• Richard Hoberntcht,Director of Assessment and �•a,;,; Phone: 503.224.4100 Taxation,Ex•Oftieto County Clerk AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS FOR QUAIL HOLLOW WEST Quail Hollow West is a planned community located in Washington County, Oregon, created pursuant to that certain Declaration of Covenants, Conditions, and Restrictions of Quail Hollow West first recorded in the Washington County records on August 15,2000,as instrument No.2000065446.1, as amended from time to time thereafter(the"Declaration"). Pursuant to the Plat for Quail Hollow West, recorded on May 24, 2000, in the Washington County, Oregon Plat Records as Document No. 2000 040903, a parcel of property was designated as Tract S on such Plat. The Declaration defined a"Tract"as any parcel of land designated on such Plat as a tract. Pursuant to that certain Bargain and Sale Deed recorded in the Washington County,Oregon records as Document No. 2004-092062, Tract S,among others,was conveyed to the Quail Hollow West Owners Association (the "Association"). Article XII, Section 3,of the Declaration provides,among other things,that the Declaration may be amended upon the affirmative vote of seventy-five percent (75%) or more of the owners. Article XII, Section 5, of the Declaration provides that any portions of the property subject to the Declaration which are owned by the Association may not be mortgaged or conveyed without the approval of not less than seventy-five percent (75%) of the owners. Pursuant to a vote concluded May 13, 2013, the Association has received the approval of more than seventy-five percent (75%) of the owners for the conveyance of Tract S to the City of Tigard, and for the passage of this Amendment lo the Declaration declaring that.Tract Sshall no longer be considered coon axes _ subject to the Declaration. The conveyance of such property and the adoption of such Amendment are expressly authorized by the Oregon Planned Community Act, at ORS 94.665(1) and (2). Tract S is being conveyed to the City of Tigard, Oregon, pursuant to an instrument being recorded contemporaneously with this Amendment. NOW, THEREFORE, the Declaration is hereby amended to provide that Tract S shall no longer be considered Common Area within the meaning of the Declaration, and shall no longer be considered part of the Property subject to the provisions of the Declaration. Effective upon the recordation of this Amendment, Tract S shall no longer be considered part of Quail Hollow West for any purpose whatsoever. PAGE 1. AMENDMENT TO DECLARATION 721676 ,- 4 IN WITNESS WHEREOF, the President and Secretary of the Quail Hollow West Owners Association hereby certify that this Amendment was approved by the required percentage of Owners. QUAIL HOLLOW WEST OWNERS ASSOCIATION B : 1‹. �-y u1 p."--r- Its President L By. _11.1 ./. • Its Se a STATE OF OREGON ) ss. ,2013 Coun ty of r(t&hin ) Personally appeared before me the above-named a pp e-named ra and who, being duly sworn, did say that` .L.is the President of Quail Rollow West Owners Association, and that said instrument was signed in behalf of said Association by authority of its Board of Directors,and acknowledged said instrumen to be its voluntary act and de d. =�:. OFFICIAL SEAL �� Notary Public for Oregon LV NOTARY PUBLIC OREGON COMMISSION NO.461407 MY COMMISSION EXPIRES OCTOBER 10,2015 P S TATE OF OREGON ) ss. .1._ 2013 County of 1A&,3(')!i'97) ) .. .____ Personally-appeared before me-the above-named-- -1-cm* keilte_L.------ ----and---- who, being duly sworn, did say that AL.. is the Secretary of Qiiil Hollow West Owners Association, and that said instrument was signed in behalf of said Association by authority of its Board of Directors,and acknowledged said instrument to be its voluntary act and deed. `rt,., OFFICIAL SEAL (1,75,,,,__,.. Public for Oregon �-:A GREER A GASTON a NOTARY PUBLIC - OREGON �•>; COMMISSION NO.461407 MY COMMISSION EXPIRES OCTOBER 10,2015 PAGE 2. AMENDMENT TO DECLARATION 721676 Washington County,Oregon 2013-062968 ` ® �' 07/11/2013 10:24:26 AM • D-DQ Cnt=1 Stn=9 D MOON $15.00$5.00$11.00$15.00-Total=$46.00 1 1111 111E11 I 11113 I I 11 11 1 111 AFTER RECORDING RETURN TO: 01655442201300629660030034 I,Richard Hobernieht,Director of Assessment and ,yca9 City of Tigard Taxation and Ex•Offlcio County Clerk for Washington County,Oregon,do hereby certify that the within Attn: City Manager, City Hall instrument of writing was received a d re$orded In the of records of said coupy. , JI /y • ty��,•13125 SW Hall Blvd. (tor of 9 Richard Hobernicht,Director of Assessment and Tigard, OR 97223 Taxation,Ex-Offlelo County Clark UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: City of Tigard Attn: City Manager, City Hall 13125 SW Hall Blvd. Tigard, OR 97223 This space is reserved for recorder's use. • QUITCLAIM DEED Quail Hollow West Owners Association, an Oregon nonprofit organization, whose mailing address is 2105 SE 9th Ave., Portland, OR 97214 ("Grantor"), releases and quitclaims to, City of Tigard, an Oregon municipal corporation, whose address is 13125 SW Hall Blvd., Tigard, OR 97223 ("Grantee") all right, title, and interest in and to the following described real property: Tract S, Quail Hollow-West, Tigard, Washington County, Oregon The true consideration for this conveyance is $0.00; however, the actual consideration consists of other property or value given and received, which is the whole thereof. 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 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, Page 1 - QUIT CLAIM DEED 50014-71289 Tract S Quit Claim DeedIAMJ/6/27/20/3 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. DATED this j day of 31/) , 2013. QUAIL HOLLOW WEST OWNERS ASSOCIATION, an Oregon nonprofit �., organization, Grantor o OFFICIAL SEAL C = GRE26f. GASTON NOTARY IC - OREGON COMMISSION NO.461407 MY COMMISSION EXPIRES OCTOBER 10,2015 By: /� )�rA Name: k--'n r-e to r pt1^ Its: Pr,e n�' STATE OF OREGON ) ) ss. County of 111-ash( ) This instrument was acknowledged before me on 3-1,11/4- 1 , 2013, byk ra r?J1 _b ' as 7)rwde�l-/ of Quail Hollow We Owners Association. g/25.)4_ (2`2"/L(7) NOTARY PUBLIC FOR OREGON My Commission Expires: /0-/0- /S ACCEPTED: GRANTEE CITY OF TIGARD, an Oregon municipal corporation r'�• ,�T By: t Name: 4i / r` the OFFICIAL SEAL n t . ItS: N�� „' ' GREER A GASTON ae� r a yP NOTARY PUBLIC - OREGON COMMISSION NO.461407 STATE OF OREGON ss. MY COMMISSION EXPIRES OCTOBER 10,2015 County of 1 . / i 1 ) —r This instrument was acknowledged before me on N.I lti( - 2- , 2013, by Martha._ it)1 n L as G t mma ye r U of the City of Tigard. a1/45„v Page 2 - QUIT CLAIM DEED 50014-71289 Tract s Quit Claim Deedu iJ'6/2772o13 NOTARY PUBLIC FOR OREGON My Commission Expires: ID-ID -/.5— Page 3 - QUIT CLAIM DEED 50014-71289 Tract S Quit Claim DeedIAMJ/6/27/2o13