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2015-068949 ~ Ash Avenue ~ Burnham Ash Development Washington County,Oregon 2015-068949 08/13/2015 11:45:17 AM D-DBS Cnt=1 Stn=21 RECORDS1 $20,00$5,00$11.00$20,00-Total=$56,00 AFTER RECORDING RETURN TO: 111111 I III 111111 I 111111111111111 City of Tigard City Hall 0 07786 201500689490040043 I,Richard Hobernicht,Director of Assessment and e,114. 13125 SW Hall Blvd Taxation end Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that the within �,' . Tigard OR 97223 Instrument of writing was received dd re coded In the�, "'"•,. book of records of said cou � Richard Hobernlcht,DirectorAssessment and Rt17s- ` UNTIL A CHANGE IS REQUESTED Taxation,Ex-Officio County Clerk SEND TAX STATEMENTS TO: City of Tigard City Hall 13125 SW Hall Blvd Tigard OR 97223 This space is reserved for recorder's use. BARGAIN AND SALE DEED The City of Tigard, an Oregon municipal corporation,whose address is 13125 SW Hall Blvd., Tigard, OR 97223 ("Grantor"), conveys to the City Center Development Agency, the urban renewal agency of the City of Tigard, whose address is 13125 SW Hall Blvd., Tigard, OR 97223 ("Grantee"),the following described real property: SEE ATTACHED AND INCORPORATED EXHIBIT A The true consideration for this conveyance is $-O-; 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,AND TO INQUIRE Page 1 —Bargain and Sale Deed 50014-70649 Bargain and Sale Deed(TL 2800 2900 and 3000)DOCXIMW/8/6/2015 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.r DATED this / l' day of , 2015. GRANTOR: CITY OF TIGARD, an Oregon municipal corporation —14/2- By: 2By' � �''�, OFFICIAL SEAL (J Name: May,411 I.-, ( i n ,e�- A NORMA I ALLEY !) ' (� Its: ��/� �(G'cv'IGtGI�,� � NOTARYPUBLIC-OREGON �e.i � COMMISSION NO.465295 MY COMMISSION EXPIRES MARCH 23,20161, STATE OF OREGON ) i ) ss. County of 1 `l ) This instrument was acknowledged before me on this iday of / `� 2015, by� /(4,n, tt(diorf the City of Tigard. NOTARY PUBLIC F " RE ON My Commission Expires: ACCEPTED: GRANTEE CITY CENTER DEVELOPMENT AGENCY, the urban renewal agency of the City of Tigard By ---714a/t )(& Name: M60-44 L, bbl , OFFICIAL SEAL r' ,cam'.:. J Its: 0eciAv- �'rec4-0,— ) a __:�;? NORMA I ALLEY () " r'` NOTARY PUBLIC-OREGON O () �u. COMMISSION NO.465295 ) STATE OF OREGON MY COMMISSION EXPIRES MARCH 23,2016() ) ss. County of _ ��io ) This,instrument was acknowledged before me on this / day of , 2015, by /.. i �_, as E, eetr. c. reekyof the City Center Dev- I ent Agency. NOTARY PUBLIC FQR ', ,•ON My Commission Expires: V 10i6 Page 2 —Bargain and Sale Deed 50014-70649 Bargain and Sale Deed(TL 2800 2900 and 3000).DOCXWA/8/13/2015 Exhibit A That part of Lot or Tract 5, according to the duly filed plat of BURNHAM TRACTS, in the City of Tigard, filed October 29, 1906, in Plat Book 12, Page 29, Records of the County of Washington and State of Oregon BSflrNNINO at the most Westerly corner of tract conveyed to Claude H. Embree and Grace Embree, husband and wife, by Deed recorded in Hook 265, Page 651, Deed Records of Washington County, Oregon, said point being on the Southeasterly line of Ash Street and South• 42° 05' West 150. 0 feet from the intersection of said Snutheamter.'ly line with the Southwesterly line of Burnham Avenue; thence South 45° 46' East along the Southwesterly line of said Embree Tract 100. 00 feet to the most Southerly corner thereof; thence South 42° 05' West 100. 00 feet; thence North 45° 46' West 100.00 feet to the said Southeasterly line of said Ash Street and thence North 42° 05' East 100.00 feet to the place of beginning. Note: Vcontinued) Tax deffered exchange A portion of Lot or Tract 5 , BURNHAM TRACT, Washington County, Oregon, accordingly to the duly recorded plat thereof, described as follows: • Beginning at the intersection of the Westerly line of Burnham Avenue with the Southerly line of Ash Street and running thence South 45°46 ' East along the line of Burnham Avenue, a diet-; tance of 100 feet; thence South 4.2°05 ' West, parallel with Ash Street, a distance of 150 feet; thence North 45°46 ' West, a dis- tance of 100 feet to the Southerly line of Ash Street; thence North 42° 05 ' East along the line of Ash Street, a distance of 150 feet ;,o the place of beginning . Exhibit A 50014-70649 Bargain and Sale Deed(TL 2800 2900 and 3000).DOCXINA/8/13/2015 Exhibit "A" PARCEL I: A part of Lot 5, BURNHAM TRACT, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the most Westerly corner of that tract conveyed to Wesley L. Sweek and Hazel D. Sweek, husband and wife, by Deed recorded in Book 278, Page 30, Deed Records of Washington County, Oregon; thence South 42° 05' West, 456 feet to a point on the Southwesterly line of Lot 5, BURNHAM TRACT; thence South 45° 46' East along said line 310 feet, more or less, to the Southwest corner of said Lot 5; thence North 42° 05' East along the Southeasterly line of said Lot 5, a distance of 456 feet to a point on said line; thence North 45° 46' West, 310 feet, more or less, to the point of beginning. SAVE AND EXCEPT a 16 foot strip of land along the Southeasterly side of said property; the Northerly line being described as a line drawn 16 feet Northerly of and parallel with the Southeasterly line of Lot 5, BURNHAM TRACT. ALSO EXCEPTING THEREFROM the following described tract: A portion of Lot or Tract 5, BURNHAM TRACT, being located in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the most Westerly corner of that tract of land conveyed to Daniels, Wiggins & Daniels, Contractors recorded in Book 707, Page 132, Washington County Deed Records; said corner being also on the Northwesterly line of that tract conveyed to the Tigard Sanitary District (City of Tigard) by Book 384, Page 359, Washington County Deed Records; thence on the Southwesterly prolongation of the Northwesterly line of said Daniels, Wiggins & Daniels tract South 42° 06' West, 17.00 feet; thence parallel with the Southwesterly line of said Daniels, Wiggins & Daniels tract South 45° 46' East, 121.20 feet to the Northwesterly line of that tract described in Document No. 80006091, Washington County Deed Records; thence on said Northwesterly line North 42° 06' East, 17.00 feet to the most Southerly corner of said Daniels, Wiggins & Daniels tract; thence on the Southwesterly line of said Daniels, Wiggins & Daniels tract North 45° 46' West, 121.20 feet to the point of beginning. AND FURTHER EXCEPTING THEREFROM that portion described in Dedication Deed recorded November 19, 2009 as Fee No. 2009-101040. PARCEL II: A portion of Lot or Tract 5, BURNHAM TRACT, being located in the Northeast one-quarter of Section 2, Township 2 South, Range 1 West, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the most Southerly corner of said Lot 5; thence on the Southwesterly line of said Lot 5, North 45° 46' West, 16.00 feet; thence on a line parallel with and 16.00 feet (when measured at right angles) from the Southeasterly line of said Lot 5, North 42° 05' East, 439.00 feet to the most Southerly corner of that tract conveyed to Daniels, Wiggins & Daniels, Contractors by Document No. 83 015334, Washington County Deed Records; thence on a Southeasterly prolongation of the Southwesterly line of said Daniels, Wiggins & Daniels tract, South 45° 46' East, 16.00 feet to the Southeasterly line of said Lot 5; thence on said Southeasterly line South 42° 05' West, 439.00 feet to the point of beginning. Exhibit A 50014-70649 Bargain and Sale Deed(TL 2800 2900 and 3000).DOCXWA/8/13/2015 WASHINGTON COUNTY OREGON August 13, 2015 CITY OF TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 Important Notice The Document You Recorded Requires that You Pay a Transfer Tax or File an Exemption Application. 1) You must pay a transfer tax that is $1.00 per thousand of the selling price unless the transaction qualifies for an exemption listed on the back of this sheet. 2) If you feel you qualify for one of the listed exemptions you should contact the recording office for an application, or visit our website at http://www.co.washington.or.us Under: Permits, Licenses& Records-click on Real Estate Transfer Tax If you fail to do one of the above by 8/28/2015 you will lose your exemption right and be assessed additional penalties. Please call (503)-846-8752 if you need additional information after reviewing the information below. You have recorded document 2015-068949 in the Washington County Recorder's office that transfers real property and is subject to the Washington County "Real Property Transfer Tax Ordinance". Parties to transfer: Please be advised that the Washington County "Real Property Transfer Tax Ordinance" requires that all transfers of real property be taxed based on the selling price or an application for exemption be made within fifteen (15) days of recording. Definitions of"Selling Price" and Transfer of Real Property" are on the next page. Failure to pay the tax of one dollar per thousand or file for an exemption will result in an automatic penalty equal to the amount of the tax owed or $50.00, whichever is greater. Interest shall accrue on the delinquent tax at a rate of 1'/2% per month until paid. A party may request from the director in writing a fifteen (15) day extension in which to pay the tax or file an exemption application. The director may approve no more than two (2) extensions. If a transfer of real property is transfer tax exempt, an application for an allowed exemption must be served, in writing , upon the Washington County Director of Assessment and Taxation within fifteen (15) days of the date of tender of the documents to the county for recording purposes. Failure to file an application for an allowed exemption within fifteen (15) days will result in the transfer Division of Department of Assessment&Taxation-Records Division 155 North First Avenue,Suite 130,A1S9,Hillsboro,OR 97124-3072 Phone: (503)846-8752 Fax:(503)846-3909 being taxed regardless of any exemption claimed. When any person fails to pay the tax or apply for an exemption within the time provided for payment of the tax, there shall be a conclusive presumption, for purposes of computation of the tax, that the selling price is not less than the real market value as defined by ORS 308.205, as determined by the Washington County Department of Assessment and Taxation. Please call the recording office at(503)-846-8752 if you need additional information. Definitions: "Selling Price" means the consideration, in money or any other thing of value which is paid, delivered, or contracted to be paid or delivered, in return for the transfer of real property. "Selling Price" shall include the amount of cash and the amount of any lien, mortgage, contract, indebtedness or any encumbrance existing against the property to which the property remains subject and which the purchaser agrees to pay or assume, as stated pursuant to ORS 93.030 on the face of any instrument conveying or contracting to convey fee title to real property. However, "selling price" also includes other property or value given or promised for the transfer of real property if such other property or value were either part or the whole consideration. "Transfer of Real Property" means and includes every grant, sale, exchange, assignment, quitclaim or other conveyance of property in or title to real property, and also means and includes any contract for sale, exchange, grant, assignment, quitclaim or other conveyance of ownership in or title to real property. Notwithstanding this, "transfer of real property" does not include instruments clearly shown on their face to be the following: Exemptions: J.1. Estoppel Deeds J.2. Deeds in lieu of foreclosure and all transfers of real property effected by order of any court of competent jurisdiction in a mortgage or lien foreclosure proceeding, proceeding for execution of a judgment, bankruptcy proceeding, or receivership proceeding J.3. Vendor's assignments and all transfers or assignments of a seller's interest in a contract for the sale of real property even though accompanied by a conveyance of the seller's interest in the real property J.4. Earnest money agreements J.5. Sheriff's deeds J.6. Options J.7. Trustee's deed as a result of foreclosure J.8. Conveyance to or from a government entity J.9. Re-recording of documents J.10. Fulfillment deeds J.11. Documents recorded solely for security purposes J.12. Transfers of real property affected by appropriation or condemnation proceedings brought by the United States, the State of Oregon, the county, or any municipal or non-profit corporation J.13. Transfers of real property for which the selling price is thirteen thousand nine hundred ninety- nine dollars ($13,999.00.) or less J.14. Transfers of real property to effect a mere change in identity, form or place of organization J.15. Transfers of real property to effect the dissolution of a corporation, partnership, or joint venture J.16. Transfers of real property by gift, devise, or inheritance J.17. Transfers of grave or cemetery lot; or J.18. Transfers of real property between spouses effected by order of any court of competent jurisdiction in a marriage dissolution or separation proceeding. N1-{15DayLetterHand-new]2-4-1999 Division of Department of Assessment&Taxation-Records Division 155 North First Avenue,Suite 130,MS9,Hillsboro,OR 97124-3072 Phone: (503)846-8752 Fax:(503)846-3909