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2014-020009 Washington County,Oregon 201 4-020009 A 04/09/201410:55:34 AM L 6 D-E Cnt=1 Stn=9 D MOON $30.00$5.00$11.00$20.00-Total=$66.00 111111110111 11111111111111111111111111111 11 Exhibit D 01929771201400200090060061 I,Richard Hobernicht,Director of Assessment and .,,rro r Temporary Construction Easement , Taxation entl Ex-Officio County Clerk for we9hlnpton �i' County,Oregon,do hereby certify that the within ;•• � ' 1 AFTER RECORDING RETURN TO: Instrument or writing was received eqd re S ortled In the book of records of said couply. . (� /y J- „y (.4c�a,<X ewvvnti G` Richard Hobernlcht,Director of Assessment and ,=;v;•t,:R CITY OF TIGARD Taxation,Ex-Officio County Clerk Attn: City Manager City Hall 13125 SW Hall Blvd. Tigard, OR 97223 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: (NO CHANGE) 1 This space is reserved for recorder's use. 1 TEMPORARY CONSTRUCTION EASEMENT Main Street,LLC,an Oregon limited liability company and Michael Dudunakis, and individual (collectively"Grantor") hereby conveys to the City of Tigard, Oregon a municipal corporation("Grantee"), and its successors and assigns,a temporary construction easement for the purposes of constructing a public storm and sewer line, including such other improvements thereto that are reasonably necessary and accessory to such utilities, under,over and across the following described real property: That tract of land described in Exhibit"A"and depicted graphically in Exhibit`B," both exhibits being incorporated herein. The consideration paid for this temporary construction easement("Easement") is the sum of$1.00,together with other valuable consideration,which is the whole thereof. TO HAVE AND TO HOLD said easement to said Grantee, for the use and purpose herein described for a period not to exceed forty-five(45)days from the date Grantee initiates construction of the of the public storm and sewer line on the Grantor property. The Easement hereby granted includes all reasonably related activities including without limitation parking,access and circulation control and staging and, further is subject to the terms and conditions set forth in the Purchase and Sale Agreement entered into by the parties hereto and dated March 27, 2014, the terms of which are incorporated herein. 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, Exhibit D,Page 1 of 6 30014-71291 Rc.f,JPard,ase 4recaleon.decx DRl J 20 201! 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, 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. IN WITNESS WHEp.E0F, the parties have executed this document on this 20 day of M42 C14 , 20 I "Main Street, LLC" "City of Tigard" By: By: 1��1� Printed Name: a,WID Printed N. •bbl-E 6e e � �l � Title: M em be-r Title:G111' Date: 3 - 2 Y - Z 01 Li' Date: tiL}1 N¢ Address:2 '3 . Secol4 Address: -Tor -la- J, De 47)..D / 1312.5— SW 1-141\'Ivd liy.ca , . ct9-Z23 By: 7,e.:,„19 Michael Dudunakis Date: 3 - O y Address: C' 'S 7 i9O f e y [�� l7ellCL L° rSQvj /tie--6)e)-4"c(- 9 7L [Acknowledgements Follow on Next Page] Exhibit D, Page 2 of 6 50014.71791 Rnv,ed/'mchnx 4greeme,n,hxr UR/ 3 20 2014 STATE OF Oreara ) ) s.s. County of lb;11,l116Yy i, ) This instrument was acknowledged before me this'day of J1v,V(q ,'D1L, by &,LOV L 1A.1)OM61,4on behalf of Main Street, LLC. OFFICIAL STAMP ALUSON VERVILLE �•40.),4 NOTARY PUBLIC-OREGON �,� .ems,,Ito t, COMMISSION NO.924028 MY COMMISSION EXPIRES JANUARY 22,2018 Notary Public for Oregon My Commission expires • ' 1' STATE OF AN ) ) s.s. County of CLQ-R ) This instrument was acknowledged before me this 20 day of M4ECt4 , 20/V, by Michael Dudunakis. anti o rti� Patrick Marshall 41° Notary Public �- I � State of Nevada No ary Public for Oregorr N/ AS Commission Expires:08-16.16 My Commission expires 08//00i Certificate No:12-8806-1 STATE OF 0 ) s.s. County of UUr nGJ-11-0(N. ) This instrument was acknowledged before me this a l day of N l\Q r e 1. ,2 0 0, by Mi Or eL. 5ktoe. on behalf of City of Tigard. - c Notary Public for Oregon My Commission expires 3 l Zt b v,� OFFICIAL STAMP BETSY GALICIA NOTARY PUBLIC OREGON COMMISSION NO.925741 MY COMMISSION EXPIRES MARCH 09,2018 Exhibit D, Page 3 of 6 500/4-7/29/Rerned Pun/,ne Agreemem doer DR! 3 20 20/4 EXHIBIT"D-1" City of Tigard Main Street Temporary Construction Access February 25,2014 Project No.0330-012 A tract of land,situated in the NE 1/4,Section 2,T.2 S.,R. 1 W.,W.M.,in the City of Tigard, Washington County,Oregon;being a portion of that property conveyed to Main Street 1,1,C,at al.,by Deed recorded September 30,2002 as document number 2002-113691,being more particularly described as follows: Commencing at a 5/8 inch rod set with a yellow plastic cap inscribed"City of Tigard"at the southerly corner of said Main Street LLC Tract; Thence,along the southwesterly line of said document,North 45°22'59"West,385.74 feet,to a 5,'8 inch iron rod on the southerly right of way of SW Main Street; Thence,along said southerly right of way line,North 57°05'52"East, 15.36 feet to the Point of Beginning; Thence,continuing along said southerly right of way line,North 57°05'52"East, 14.90 feet; Thence,South 21°02'11"East,24.48 feet; Thence,along a 28.00 foot radius curve to the left,through a central angle of 24°17'49'',(chord bears South 33`11'06"East, 11.79 feet)an arc distance of 11.87 feet; Thence,South 45°20'00"Fast, 126.86 feet; Thence,along a 28.00 foot radius curve to the left,through a central angle of 89°30'55",(chord bears North 89°54'37"East,39.43 feet)an arc distance of 43.74 feet; Thence,North 45'06'23"East,38.12 feet,to the southwesterly line of that property conveyed to 12562 Main Street LLC by Deed recorded June 26,2012 as document number 2012-051865(12562 Tract); Thence,along southwesterly line of said 12562 Tract,South 45°21'21"East,20.00 feet; Thence,South 45°06'23"West,67,70 feet; Thence,along a line parallel with and 15.00 feet northeasterly of the southwest line of said Main Street LLC Tract,North 45°22'59"West,211.67 feet to the Point of Beginning. 2 5-(t27)1 A Containing 2,080 square feet,more or less. REGISTERED Bearings per Survey Number 28,308 of Washington County Surveys. PROFESSIONAL LAND SURVEYOR J10130-012 131Surr Di arCAWORKI°GTempCoostEsn cc 1 Rev t o .r l __,,—' OREGON JULY 13,2004 TOBY G. BOLDEN 60377LS RENEWS: ( 15 Exhibit D, Page 4 of 6 50014-71291 Revised Purchase Agreement docrlDRF/3/27/2014 EXHIBIT"D-2" City of Tigard Main Street Temporary Construction Access and Storage February 25,2014 Project No.0330-012 A tract of land,situated in the NE 1/4,Section 2,T.2 S,R. 1 W.,W.M.,in the City of Tigard, Washington County,Oregon;being a portion of that property conveyed to Main Street LLC,et al-, by Deed recorded September 30,2002 as document number 2002-113691,being more particularly described as follows: Commencing at a 5/8 inch rod set with a yellow plastic cap inscribed"City of Tigard"at the southerly corner of said Main Street LLC Tract; Thence,along the southwesterly line of said document,North 45'22'59"West,385.74 feet, to a 518 inch iron rod on the southerly right of way of SW Main Street; Thence,along said southerly right of way line,North 57°05'52"East, 15.36 feet: Thence,along a line parallel with and 15.00 feet northeasterly of the southwest line of said Main Street LLC Tract.South 45°22'59"East,211.67 to the Point of Beginning; Thence,North 45'06'23"East,67.70 feet,to the southwesterly line of that property conveyed to 12562 Main Street L1.0 by Deed recorded June 26,2012 as document number 2012-051865(12562 Tract); Thence,along the southwest line of said 12562 Tract and continuing along the west line of that property conveyed to the City of Tigard by deed recorded August 1,2000 as document number 2000.061534,South 45°21'21"East,83.04 feet; Thence,along the west line of said City of Tigard Tract,South 44°22'55"West,2.00 feet; 'Thence,continuing along the west line of said City of Tigard Tract,South 45'22'13"East, 10.82 feet; Thence,continuing along the west line of said City of Tigard Tract,South 3°19'55"West, 34.98 feet; Thence,continuing along the west line of said City of Tigard Tract,South 23°12'38"West, 36.97 feet: Thence,South 18°43'33"East, 11.03 feet; Thence,along said line parallel with and 15.00 feet northeasterly of the southwest line of said Main Street LLC Tract,North 45°22'59"West, 140.87 to the Point of Beginning; ZSFel; 4 Containing 7,886 square feet,more or less. REGISTERED • PROFESSIONAL ESSSIONION AL Bearings per Survey Number 28,308 of Washington County Surveys. LAND SURVEYOR OREGON --_ 3��, tt,31so„e cAO:nOa_�ewarRmoeone= t2 ae,,ax. ,'`' JULY f3,200$ , . =4s,Tow a BOLDEN( `''.---- 603TILS 4,7< RENEWS:31 Q2 r5 Exhibit D, Page 5 of 6 500/4-71291 Reused Purchase Agreement docrlDRF/3/27/2014 c.'s . N 4 POINT OF • �I/ "90+'x. BEGINNING (D-1) O�1 ST/JO 6' dj / ` EXISTING JOINT 1 1 ACCESS EASEMENT I 1 DOC. 2009-033174 I 1 i>c i\ i \ \ ?SS i \i„...... -- \ OO�FO/�%y y / SOUTHWESTERLY UNE SOUTHWESTERLY LINE '&, " Q„710•6f(0), 0O `c>, V 4� DOC. 201,2-051865 DOC. 2002-113691 - ` \\ • ,<. i I ti�i �/ ?' 4 / 11 ,9-1":14, s9e �' O I 4 i `I, - S9 �� pF�c �Sj f \>>. gas f V• �� itt 1r' "9s0"9A i � 111 �' O0 'E II g ? O F� / z`-1 L`,sl O7.. i< ./,I \ • o�SCALE: 1"=50' 92,,,..1‘ ND 9.cS f / 00 k`∎ 3 TEMPORARY CONSTRUCTION f oo\ 1 .�`� ACCESS (D-1) POINT OF mao I�ktk.∎1. AREA: 2,080 SQ. FT. BEGINNING (D-2) / w / +* I TEMPORARY CONSTRUCTION ,,,A , ACCESS Se AREA: 7,886 STORAGE FT(D 2) \ 4 ,..,:-'1; ///////,l / i/f SANITARY SEWER LINE AREA: POINT OF .5 5,537 SO. FT. COMMENCMENT - \ E e' . MAIN STREET TEMPORARY CONSTRUCTION EASEMENTS Z DATE WESTLAKE EXHIBIT "D-3" �Y'25/14 ) ,,.,., d MDS/DPR CONSULTANTS se t ENGINEERING • SURVEYING • PLANNING NE 1/4 SECTION 2, c'1E"BV TGB ' T. 2 S., R. 1 W., W.M., REVISION'S 1 isiia ap. r• suns .ao =sat WASHINGTON CO., OREGON N4 Mb cr®. ars>Ea sas X330-012 Exhibit D, Page 6 of 6 50014-71291 Revised Purchase Agreement docxlORF/3127/1014