Loading...
2008-045199 & 2007-072292 Washington County,Oregon 2008-045199 05/19/2008 12:07:34 PM D-DBS Cnta1 Stna29 RECORDS1 $40.00$5.00$11.00-Total a S56.00 AFTER RECORDING, RETURN TO: H1111E1111 1 1111111111111111 11111 ;,t N 0 TAX &TPc1 M€N7 To 01251957200800451990080088 Attn: Timothy V. Ramis I,Richard Hobemlcht,Director of A ment and .. Taxation and Ex-Officio County Clerk for Washington Jordan Schrader Ramis PC County,Oregon,do hereby certify that the within instrument of writing was received and recorded In the f" ��' Two Centerpointe, 6th Floor book of records of said cou Richard Hobemlcht,Director ofAsselemen Lake Oswego, OR 97035 Taxation,Ex.Offlcio County Clerk CERTIFICATE OF RE RECORDING The attached Bargain and Sale Deed and Exhibit A are being re recorded to correct an incorrect legal description recorded as Document Number 2007-072292. • Ill _ Washington County,Oregon 2�07�072292 06/29/2007 10:25:36 AM "may D 4368 Cnt■1 Otn•29 RECORD81 $25.00 96.00$11.00•Total■$42.00 v AFTER RECORDING, RETURN TO: 111111111 III 1 1111111111 01134762200711 920050050 Attn: Timothy V. Ramis Richard Hobemicht,Dlncto mart and ,,,•;atrT Ramis Crew Corrigan,LLP Taxation and Ex-Officio C C. Clark for Washlnaton .;•a b County,Oregon,do •y certify that the within , ,.,,,-.;� +R 1727 NW Hoyt Street Instrument of • • as?End d re artist!In the' book ofnco• •f said cou Portland, OR 97209 RI •Hobemicht,Director of A merit and ., %.5wti Taxation,Ex-Offlclo County Clerk BARGAIN AND SALE DEED TIGARD WATER DISTRICT, ("Grantor") conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD, CITY OF DURHAM AND CITY OF KING CITY, as "Tenants In Common"with the following undivided interests: City of Tigard 70% Tigard Water District 22% City of Durham 2.5% City of King City 5.5% the following real property known as the Canterbury Property and legally described as, See Attached"Exhibit A: Property Description" Subject to any easements, rights of way, and reservations as the same may exist or appear of record. Subject also to the Tenancy In Common Agreement dated Su nn 2,5- , 2007. The true consideration for this conveyance is Zero Dollars ($0.00). THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this o day of J uu_ , 0/061-- GRANTOR: ALL: 4eor RILLf �1 Crinmi5S1m '' / /f gnature, Tigard Water District Print NaJie_and Title of Signing Official (Notarial Certificate on following page) Bargain and Sale Deed for the Canterbury Property Page 1 of- '4 eAc 9 . T STATE OF OREGON ) ) ss COUNTY OF Washojegi ) This instrument was signed before me on jU.Ii e. 25 2061- by 6eerfl- /eiti-il.b • 5M_____/4- 7-0 ti s :e.r''. OFFICIAL SEAL Notary Public r6-1 1 GREER A GASTON My Commission expires: /b-/D-Off' COMMISSION NO.37302 i��NOTARY PUBLIC-OREGON MY COMMISSION EXPIRES OCTU 10,2007 �1 Isk Bargain and Sale Deed for the Canterbury Property Page 2 ofd'4 Dated this day of Jk,i_ , 0200 By its execution of this deed, the Tigard Water District hereby approves this conveyance. GRANTEE: //I J � ea.A. �hc 2L. &mini. sld-ner :igned, igar Water District Print Name and Title of Signing Official STATE OF OREGON ) ) ss COUNTY OF / 144 A t_"14 ) This instrument was signed before me on J I4 2� DI--by //►► del OFFICIAL SEAL Notary Public c ��,A GREER A GASTON My Commission expires: It-ID-D� ��NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Dated this a1T day of JJ„. , �Op By its execution of this deed, the City of Tigard hereby approves this conveyance. GRA/ EE: ter•. , •� �refdhen E 3icehntr 7i rel (, Signed, City of Tigard Print Name and Title of Signing Official Coat ler STATE OF OREGON ) ) ss COUNTY OF j ) This instrument was signed before me on TLL/1L 27- 02O67- by 6rekh n E .3u th n e_r . Notary Public .40:35?-:,"- ., OFFICIAL SEAL My Commission expires: /D-/D-D- .11M. ..s, GREER A GASTON IVO NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Bargain and Sale Deed for the Canterbury Property Page 3 of 4 ■ Dated this Z3 - day of .TG iu._ , a OO- By its execution of this deed, the City of Durham hereby approves this conveyance. GRANTEE: ,&A ' COJV Pcdd,tk 1 4(()Afro Ill G 6une�lor Signed, City of Durham Print Name and Title of'Signirt Official STATE OF OREGON ) ) ss COUNTY OF ry lie h1/ ) 1 � This instrument was signed before me on JiuLL � Ooh- by &incL W Carrot/—(.__.,.-,.•.-7. ,43 . • OFFICIALBEAL 4 L, ../. 4-SInn-e&- GREER A GASTON Notary Public `i.`0 COMMISSION PUBLIC-OREGON 72 My Commission expires: ID-I D-11 MY COMMISSION EXPIRES OCT.10,2007 Dated this a t 1 day of Sit , 02007- By its execution of this deed,the City of King City hereby approves this conveyance. GRA TEE: edit. etior Raa„-.0/ 44,... ./--l//ysT Signed, City of King City Print Name and Title of Signing Official STATE OF OREGON ) ) ss COUNTY OF lliashy0A ) i,/ This instrument was signed before me on Tani 2e3 01 D DI-- by -r..., ....r , 1∎1, r AC/idrd. M. ,nL. /� 6:2.9-s 7 DLi Notary Public r . OFFICIAL SEAL�;�•. My Commission expires: td-/Q^jI�GREER A GASTON � 1/NOTARY PUBLIC-OREGON COMMISSION NO.373020 Y COMMISSION EXPIRES OCT.10,2007 Bargain and Sale Deed for the Canterbury Property Page 4 of 4 EXHIBIT A CANTERBURY PROPERTY DEED LEGAL DESCRIPTION OF PROPERTY Beginning at the northwest corner of Lo, 5, Tigardville Heights a subdivision of record in Section 11 Township 2 South, Range 1 : t of the Willamette Meridian, in Washington County, Oregon, running thence South 1°-1 I West along the West line of said subdivision 165 feet to the Southwest corner o' of 5, thence East along the South line of Lot 5, 264 feet; thence North and parallel with the West line of said lot 165 feet to the North line thereof; thence West 264 feet to the plac= of beginning; Together with an easement over the following described tract of land: Beginning at the Northeast corner of the above describ-• property; thence East along the North line of Lot 5, Tigardville Heights,to the center of urdock Avenue,thence South along said center line a distance of 12 feet, thence West an, parallel with the North line of Lot 5,to the East line of the above described tract of lane,thence North a distance of 12 feet to the place of beginning. --1- • • EXHIBIT A to BARGAIN and SALE DEED LEGAL DESCRIPTION OF CANTERBURY PROPERTY PARCEL I: Beginning at the Southeast corner of Lot 7,TIGARDVILLE HEIGHTS, a plat of record recorded in Plat Book 2, Page 38, in Section 11,Township 2 South, Range 1 West, Willamette Meridian, in the County of Washington and State of Oregon;thence West,along the South line of said Lot 7,a distance of 297.66 feet, to the Southeast corner of that parcel of land conveyed to Tigard Water District, recorded August 14, 1973, in Book 932, Page 281,Records of Washington County,Oregon re-recorded September 18, 1973 in Book 945, Page 398, said Records;thence North 01°19' East, 346.70 feet,along the East boundary of said parcel,to a point which is South 01°19' West, 11 feet, from the Southwest corner of that parcel of land described in Book 529, Page 452, Deed Records of Washington County;thence North 89°33' East, parallel with the Southerly line of said parcel, 136.66 feet;thence North 01°19' East, 148.30 feet,to the North line of Lot 5,TIGARDVILLE HEIGHTS, said point also being the center line of that street dedicated to the public in Book 758, Page 848;thence North 89°33' East, 161.00 feet,along said North line of Lot 5,to the Northeast corner of said Lot 5;thence South 01°19' West,along the East line of Lots 5, 6,and 7, a distance of 503.58 feet,to the point of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Tigard for the right of way purposes by Deed recorded October 6, 1969, in Book 758, Page 841, Washington County Deed Records. PARCEL II: A tract of land situated in Section 11,Township 2 South, Range 1 West of the Willamette Meridian and being a part of Lot 6,TIGARDVILLE HEIGHTS, recorded in Plat Book 2, Page 38 in the City of Tigard, County of Washington and State of Oregon,being more particularly described as follows: Beginning at the Northwest corner of said Lot 6, which Northwest corner is also the Southwest corner of that certain tract of land conveyed to the Tigard Water District as recorded in Book 276, Page 659, Deed Records, Washington County, Oregon. From said place of beginning thence North 89°36' East along the Northerly boundary of said Lot 6, 214.00 feet to an iron rod;thence leaving said Northerly boundary of said Lot 6, South 1°19' West 52.8 feet to an iron rod;thence South 89°36' West parallel with said Northerly boundary of Lot 6, 214.00 feet to the Westerly boundary of said Lot 6;thence North 1°9' East 52.8 feet to the place of beginning. PARCEL III: That portion of Lot 6,TIGARDVILLE HEIGHTS, recorded in Plat Book 2, Page 38, in the County of Washington and State of Oregon,described as follows: Beginning at a point South 1°19' West 52.8 feet from the Northwest corner of said Lot 6, said point being the Southwest corner of the Tigard Water District tract as described in Deed recorded October 30, 1967 in Book 666, Page 243, Records of Washington County;thence North 89°36' East 214.00 feet to the Page 1 50014-36792135305.docJLD5,15,2008 • Southeast corner of said District tract;thence South 1°19' West 33.0 feet to a point;thence South 89°36' West parallel with the Northerly line of said Lot 6 a distance of 214.00 feet to the West line of said Lot 6; thence North 1°19' East 33.0 feet to the point of beginning. PARCEL IV: Beginning at the Southwest corner of Lot 7,TIGARDVILLE HEIGHTS, recorded in Plat Book 2, Page 38, in Section 11,Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon;thence North along the West line of said Lot 7 and Lot 6 of TIGARDVILLE HEIGHTS to a point which is the Southwest corner of that parcel of land deeded to Tigard Water District recorded March 16, 1970, Book 774, Page 11, Records of Washington County, Oregon; thence North 89°36' East 214.00 feet to the Southeast corner of said District tract;thence North 01°19' East along the East line of said District tract and an extension thereof to a point on the North line of Lot 5 in said TIGARDVILLE HEIGHTS, said point also being on the centerline of that street dedicated to the public in Book 758,Page 848;thence along the centerline of said street East 50 feet to a point which is North 89°33' East(Plat North 89°38' East)264 feet from the Northwest corner of said Lot 5, TIGARDVILLE HEIGHTS;thence South 01°19' West parallel with said Westerly boundary of Lot 5 to a point in the center of Southwest Murdock Street;thence West along the center of Southwest Murdock Street to the point of beginning. EXCEPTING THEREFROM that portion lying within that certain tract of land described by Bargain and Sale Deed recorded June 29,2007 as Recorder's Fee No. 2007-072292, Washington County Deed Records. PARCEL V: Beginning at the Northwest corner of Lot 5,TIGARDVILLE HEIGHTS,recorded in Plat Book 2, Page 38,a subdivision of record in Section 11,Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; running thence South 1°19' West along the West line of said subdivision 165 feet to the Southwest corner of Lot 5;thence East along the South line of Lot 5,264 feet;thence North and parallel with the West line of said lot 165 feet to the North line thereof;thence West 264 feet to the place of beginning. EXCEPTING THEREFROM that portion conveyed to the City of Tigard for right of way purposes by Deed recorded October 6, 1969 in Book 758, Page 848, Washington County Deed Records. ALSO EXCEPTING THEREFROM that portion dedicated to the public by Street Dedication recorded June 25, 1976 in Book 1093, Page 582, Washington County Deed Records. Page 2 50014-36792 135305.doc'LD 5,15 2008 aif ° fk4• Washington County,Oregon 2007-072292 al 06/29/2007 10:25:36 AM D-DB8 Cnt■1 8tne29 RECORDS1 $25.00$6.00$11.00-Total a$42.00 AFTER RECORDING,RETURN TO: Attn: Timothy V. Ramis 01134762200700722920050050 I.Richard Hobemlcht,Director of A ment and „,,t ,, Ramis Crew Corrigan, LLP Taxation and Ex-Officio County Clark for Washington ` b � County,Oregon,do hereby certify that the within �.•.:1,,31� -`'■1727 NW Ho Street instrument of writing was reulved and recorded In the `}_ ,,, , J` book of WOMB of said cou((py�_,�yl.4(c.4.� l� ��(( t* rrt :7 Portland, OR 97209 Rlehard Hobemlcht,Dlrectoro;A mm� \-N� ,+t Taxation,Ex-Officio County Clerk 1:C BARGAIN AND SALE DEED TIGARD WATER DISTRICT, ("Grantor") conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD, CITY OF DURHAM AND CITY OF KING CITY, as "Tenants In Common"with the following undivided interests: City of Tigard 70% Tigard Water District 22% City of Durham 2.5% City of King City 5.5% the following real property known as the Canterbury Property and legally described as, See Attached"Exhibit A: Property Description" Subject to any easements, rights of way,and reservations as the same may exist or appear of record. Subject also to the Tenancy In Common Agreement dated %MAL. 2.5 , 2007. The true consideration for this conveyance is Zero Dollars ($0.00). THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this Q`-'rk- day of , u _. , 2O1- GRANTOR: nn � �,"" A C 4eDr Rhaw. (�( mnii.5516 a1 ignature, Tigard Water District Print Nate and Title of Signing Official (Notarial Certificate on following page) Bargain and Sale Deed for the Canterbury Property Page 1 of,2 4 .,Q'p� 5 >r,''.v o �o STATE OF OREGON ) ) ss COUNTY OF WAS ,il ) This instrument was signed before me on au-Le, 25 26Q by 6e©r • 4'5),C___7473 4-, OFFICIAL SEAL Notary Public GREER A GASTON My Commission expires: /D-/D-DI- ~',�NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 1 Cf Bargain and Sale Deed for the Canterbury Property Page 2 ofZ'4 yr GO I Dated this a� day of Jkil _ , 020,0-7-:. By its execution of this deed, the Tigard Water District hereby approves this conveyance. GRANTEE: Geoh J'U i J2L1) CammissfDrler :igned, - igar Water District Print Name and Title of Signing Official STATE OF OREGON ) ) ss COUNTY OF Waluaftal ) This instrument was signed before me on .1 aru_ 23-'4— 02101-1-b y 6 e flu vi.i • 425/L--- ' 7-6,C, .,r OFFICIAL SEAL Notary Public �,,;., GREER A GASTON My Commission expires: lD-I D-D ''1 NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Dated this 027th day of ■Jwn,_ , do01-. By its execution of this deed, the City of Tigard hereby approves this conveyance. GRA EE: ry len E BuehneI T Li re) 64-Signed, City of Tigard Print Name and Title of Signing 6fficial Ein4nei/Or STATE OF OREGON ) ) ss COUNTY OF Wail i ) This instrument was signed before me on .31L111_ 27- 02 QUA- by 6rdrJ ui E .Buehne.r 45)t___, 4.srt e_, ' Notary Public /''!:- OFFICIAL SEAL My Commission expires: /D`/D-D7-- GREER A GASTON 4� NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Bargain and Sale Deed for the Canterbury Property Page 3 of 4 Dated this 15t. day of JtUIL , OO1 . By its execution of this deed, the City of Durham hereby approves this conveyance. GRANTEE: ( (� I �r /+ /1 P�Q \� Y�, k ITV (afro II, Ll' LOGUiei/off' Signed, City of Durham Print Name and Title of Signirt Official STATE OF OREGON ) ) ss COUNTY OF ni,4 ) This instrument was signed before me on JUJLL 2.154.7 ° a.- by 4cfr1 ci_ V✓. Caro I • .} OFFICIAL SEAL 4,f___ - aS i1� Ka--+ .. GREER A GASTON Notary Public �"'-','NOTARY PUBLIC-OREGON COMMISSION NO.373020 My Commission expires: ID-I D-1' MY COMMISSION EXPIRES OCT.10,2007 Dated this 02P/1 day of JiuL _- , o?DO-- By its execution of this deed, the City of King City hereby approves this conveyance. GRA TEE: n // i ii ei�Dc /`S c.. ilk_ .iv/if Y Signed, City of King City Print Name and Title of Signing Official STATE OF OREGON ) ) s s COUNTY OF if h n ) This instrument was signed before me on JZLTL .. gm o?D D 3 by /1 th rd M72,164/1_ (.7')'5 .1.___-.." _K,7741---s%N.-0, Notary Public 04' OFFICIAL SEAL My Commission expires: /Q-//, D 5' GREER A GASTON NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Bargain and Sale Deed for the Canterbury Property Page 4 of 4 EXHIBIT A CANTERBURY PROPERTY DEED LEGAL DESCRIPTION OF PROPERTY Beginning at the northwest corner of Lot 5, Tigardville Heights a subdivision of record in Section 11 Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, running thence South 1°-19' West along the West line of said subdivision 165 feet to the Southwest corner of Lot 5,thence East along the South line of Lot 5, 264 feet;thence North and parallel with the West line of said lot 165 feet to the North line thereof;thence West 264 feet to the place of beginning; Together with an easement over the following described tract of land: Beginning at the Northeast corner of the above described property; thence East along the North line of Lot 5, Tigardville Heights,to the center of Murdock Avenue,thence South along said center line a distance of 12 feet, thence West and parallel with the North line of Lot 5,to the East line of the above described tract of land,thence North a distance of 12 feet to the place of beginning. Exhibit C TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM ("Memorandum") is made as of the date of the last signature below by and among the City of Tigard, City of Durham,City of King City and the Tigard Water District(collectively,the "Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007(the"TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three (3)of the four(4)representative jurisdiction Owners must vote to sell a portion of the Property (the "Canterbury Surplus Property"). The Canterbury Surplus Property is more fully described on Exhibit A attached hereto. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Canterbury Surplus Property. APPROVALS 1. Sale of Canterbury Surplus Property. The Owners have voted, by a majority, to sell the Canterbury Surplus Property subject to City of Tigard's right of first refusal. The Canterbury Surplus Property may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as required pursuant to the TIC. 3. No Adjustment. As of the date hereof, no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Canterbury Surplus Property, the Canterbury Surplus Property shall automatically be released from the TIC. Owners hereby assign any and all leases affecting the Canterbury Surplus Property to the buyer, effective as of the closing of the sale. 4. Remaining Property. For purposes of the TIC, the legal description for the Property following the sale of the Canterbury Surplus Property shall be as set forth in Exhibit B attached hereto. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. • Page 1 -MEMORANDUM 50014-36792.003 148807.doc1OXN/1 1/11/2008 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF TIGARD,an Oregon municipal CITY OF DURHAM,an Oregon municipal corporation i1 i1 corporation By: !ZcZ/��Fq �z-ems By: , a .u. . ativlig Name: ,Q L i?'4c-AJ r P hip-. F' Name: crI t c C,q ►2z,Li_ Its: Intergovernmental Water Board • Its: Intergovernmental Water Board Representative Representative Dated: /cY /0 p Dated: A'22/ 0 dcF- CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal se ice distric By: d By: -. .M.1.o NamejQ41-o/ hi( kii,ti it Name: j /44A}s(.37e,/ Tits: Intergovernmental Water Board Its: Intergovernmental Water Board Representative / Representative Dated: / �/ f �'/d Dated: /r,2/o1 c< Exhibit A-Canterbury Surplus Property Exhibit B-Remaining Property Page 2- MEMORANDUM 30014-36792 003 14880 7.doc10XN/11/11/2008 EXHIBIT A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44,BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, THENCE NORTH 38°41'37" EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET; THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 01°19'00" EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005; THENCE NORTH 89°37'51" EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005-144029;THENCE NORTH 01°19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE; THENCE NORTH 89°37'51" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE; THENCE SOUTH 01°19'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. EXHIBIT A SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29,2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25.1990 CHARLES L WILEY T 2474 SIGNED: 7/153(zoob EXP:6/30/2010 � . _ -i EXHIBIT A SW CANTERBURY LANE I S8937'51"W_ _ - S 8937'51" W_ 298.16" _ i N 8937'51' E 141.49 N89.37 51"E 247.58' --�' 8593Z5I F_136.66; AS M NT 2007-07229 00 N FUTURE N `=' CONSER VA TION o LOT 5 TIGAPDVILLE HEIGHTS 8 EASEMENT ki I 0 al ,.D PARCEL 1 ° 89.520 SQ. FT jv N8937'51 E 136.66 \: I co 2.06 ACRES o :w Q N 8937'48" E 247.44' a N co OW PROPERTY LitYE- I o rn z°' 1 r TRANSFER PARCEL ]in-- LOT 6 TIGARDVILLE HEIGHTS N C 2 48.698 SQ. FT w iN CO 1.12 ACRES 0 Q.0 PARCEL 2 O 1 WEST LINE OF (Ai Q-ch 133,309 SQ. FT 3 j SW 1/4 OF NW 3 r 3.06 ACRES . IJ 1/4 OF z z° (n o- , SECTION 11 -o cn Y S89'50'49'E 247.22' V '20' NEW PROPERTY LINE o —201— Pi LOT 7 TIGARDVIT.J.F HEIGHTS j lUIURE ■ I WATER ,EASE�I£NT 1 I N89'50'49"W _ _525.23'- N _ '' \NW COR n OLC 144 SW MURDOCK STREET h r a SCALE 0 50 100 200 s N 1 1 ( FEET ) t —1.:$•- 1 INCH = 100 FT h I O 2 DESIGNED BY: OW CHECKED BY: CPC s DRAWN BY: TEN APPROI£D BY: CV 1 CITY OF TIGARD LAST Ear: 04/07/08 PLOT DAIS 4.09.08 ` Al PROPERTY LINE ADJUSTMENT DATE BY REVf REVISION CKbAMR PARCELS 1 , 2, AND "`°"'° O TRANSFER PARCEL load P U.•'.°�-""6 TIGARD/WASHINGTON OR ii . SCALE: PROJECT NO. 'DRAWING FILE NAME: 4 SWEET 1 F •...•�.- 1'=100' 34251 34251-SUR V-EX00 O, J EXHIBIT B CANTERBURY PROPERTY PARCEL I: LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTWF,ST ONE QUARTER OF__ - THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44, BEING IN SAID SECTION I I, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38°41'37"EAST_25.57 FEET TO A POINT THAT IS 26.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; . THENCE NORTH O1°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET,PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°16'07"EAST ALONG SAID LINE A DISTANCE OF 195.82 FEET TO THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A WARRANTY DEED AS BOOK 276, PAGE 659 RECORDED JULY 31, 1947; THENCE NORTH 89°37'48" EAST ALONG THE SAID SOUTH LINE OF SAID BOOK 276, PAGE 659 A DISTANCE OF 247.44 FEET TO THE SOUTHEAST CORNER OF SAID BOOK 276, PAGE 659;THENCE SOUTH 01°19'00" WEST LEAVING SAID SOUTH LINE OF BOOK 276, PAGE 659 A DISTANCE OF 198.09 FEET; THENCE.NORTH 89°50'49" WEST PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF S:W:MUtRDOCK STIEEyTA DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 48,698 SQ.FT., 1.12 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR C9J42/A.moo` , OREGON JULY 25.1990 CHARLES L WILEY 2474 SIGNED: 7/1 6I zoo EXP:6/30/2010 9755 SW Barnes Road, Suite 300 • Portland,OR 97225 • F 503.626.0455 • F 503.526.0775 • www.whpacific_com • EXHIBIT B PARCEL H: A TRACT OF I;AND BEING LOCATED IN THE SO II, ONE QUARTER OF _ THE NOR-T I-IWEST ONE QUARTER OF SECTION 1 I,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W.MURDOCK STREET,THENCE NORTH 38°41'37"EAST.25.57 FEET TO A _ POINT THAT IS 20.00 FEET.BAST OF THE WEST LINE OF THE-SOUTHWEST - — ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01°16'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET,PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01°16'07" EAST ALONG SAID LINE A DISTANCE OF 360.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET; THENCE NORTH 89°37'51"EAST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY STREET A DISTANCE OF 247.58 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN FEE NUMBER 2005-144209 RECORDED NOVEMBER 11, 2005; THENCE SOUTH 01°19'00" WEST LEAVING SAID SOUTH RIGHT-OF-WAY LINE ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSCN OF SAID FEE NUMBER 2005-144209 A DISTANCE OF 363.09 FEET; THENCE-NORTH 89°50'49" WEST PARALLEL WITH TILE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET A-DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 89,520 SQ.FT., 2.06 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR • OREGON q JULY 25.1990 CHARLES L.WILEY 2474 SIGNED:'7/ifs/2oo}S EXP:6/30/2010 9755 SW Barnes Road, Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com EXHIBIT B I 1 SW CANTERBURY LANE _ �S89'37.51"W _ S 89:37'51" W_ 298.16' _ N ( N 891151" E 141.49' _ - yI l,-1- "r' EASEMEBT 007-07229 n N89'37'S1"E 247.58' °o o N FUTURE °' N `=' CONSERVATION p LOT 5 TIGARDVIIJj: HEIGHTS h 2 N EASEMENT Li 0 vi "iz3 to PARCEL 1 ,-i o `t 89,520 SQ. FT w N89•37'51 E 136.66'2 Z' co 2.06 ACRES o W co / N 89'37'48" E 247.44' `F k. Q. ao N. o} OLD PROPERTY-LINE r _ 14� 0 en LOT 6 TIGARDVILLE HEIGHTS ist Z TRANSFER PARCEL N 4 In 8,698 SQ. FT iv 1.12 ACRES , aw 0 0 0 PARCEL 2 0 a "' OS (X° 133,309 SQ. FT . WEST LINE OF rn rn Q o, .. SW 1/4 OF NW �or 3.06 ACRES o° 1/4 OF 2 SECTION 11 2 :' -o XX S89'50'49"E 247.22' `/ —.20' NEW PROPERTY LINE iv 0 21-- LOT 7 TIGARDVILLE HEIGHTS r----- I FUTURE I WATER \, I (EASEMENT r - N89•50'49"W 525.23' o f NW COR I DLC #44 SW MURDOCK STREET h S 8 d E SCALE 0 50 100 200 i A' 1— ( FEET ) li f 1 INCH = 100 FT h ( x a DESIGNED BY CW CHECKED BY:: CPC 1 DRAWN BY TEN APPROVED BY: OW `‘ u CITY OF TIGARD 1R LAST EDIT: 04/07/06 PLOT GATE: 4.09.00 �V PROPERTY LINE ADJUSTMENT Q OATS BY REV( REVISION GKeDAPPR .� :t PARCELS 1 , 2, AND "°° '°'° TRANSFER PARCEL C. T°'W°A'°''r"rAN TIGARD/WASH/NOON OR SCALE: PROJECT NO DRAiNNC ALE NAME: SHEET 1 Pa L o w....� 1"=100' 34251 34251-SUR V-EX00 1 ' • Attachment 3 TENANCY IN COMMON AGREEMENT THIS AGREEMENT is made and effective the LAlay of JuJt t_ 2 D 7- , by CITY OF TIGARD ("Owner"), CITY OF DURHAM ("Owner"), CITY OF KING CITY, ("Owner"), and TIGARD WATER DISTRICT, ("Owner"), collectively known as the INTERGOVERNMENTAL WATER BOARD (IWB), and hereinafter referred to as the "Owners". WHEREAS, the ownership of the Canterbury Property was vested in the Tigard Water District (TWD) as a single entity; and is now owned by the City of Tigard, City of King City, City of Durham, and the Tigard Water District as Tenants In Common; and WHEREAS, the IWB and its member jurisdictions desires to provide for the management and control of the Property; and WHEREAS, on April 11, 2007,the IWB adopted Resolution 07-02, recommending to the Tigard City Council that a portion of the Canterbury property be declared surplus; and WHEREAS, the City of Tigard has expressed an interest in purchasing the surplus property for use as a public park; and WHEREAS, the Owners of the Canterbury Property have determined that the preferred disposition of the surplus Canterbury Property is that it should be sold under the conditions set forth in IWB Resolution 07-02. The Owners agree as follows: 1. Acquisition of Property. The Owners have acquired certain real and personal property commonly known as THE CANTERBURY PROPERTY, located at 10310 SW Canterbury Lane, Tigard, Oregon, and more particularly described as Exhibit A attached hereto and incorporated by this reference (the "Property"). 2. Co-Tenancy. The Property has been improved with two (2) reservoirs and a storage building. The intent of the Owners is to enter into a sale agreement with CITY OF TIGARD to purchase a portion of the Property ("Park Property") for use as a public park and to continue in ownership of the balance of the Property as Co-Tenants. 3. Business Name. The business of the co-tenancy shall be conducted under the name "INTERGOVERNMENTAL WATER BOARD (IWB)". An application for registration of a fictitious business name shall be filed and published as provided by law. Page 1 of 10—Canterbury Property Tenancy In Common Agreement 4. Declaration of Ownership. The owners as described intend that their relationship with respect to the Property shall be a tenancy in common. The Owners intend that no provision of this Tenancy In Common Agreement shall be construed as establishing a partnership, joint venture, or any other form of business entity. 5. Ownership Interest. The names of the Owners and their percentage of undivided interests in the Property are currently as follows: Name Percentage Ownership City of Tigard 70% Tigard Water District 22% City of King City 5.5% City of Durham 2.5% The Property has been acquired by the co-tenancy. The Owners shall be responsible for payment of all financial obligations of the co-tenancy in the proportion of their ownership interests. Every twenty-four (24) months, and at the time of any sale of the Property, the ownership proportions shall be adjusted to reflect population changes as a result of annexation, and Owners will execute a new deed to reflect the changes. 6. Expenses. Until the sale of the surplus portion of the Property, the expenses incurred with respect to the Property shall be the obligation of the Owners. Anticipated expenses include, but are not limited to: cost of repairs, maintenance, debt service, taxes, assessments, insurance and property management, and as provided for in the Intergovernmental Agreements. In the event of a conflict between or among the agreements with respect to this Tenancy In Common Agreement, this Agreement will prevail. Periodically, the Owners shall determine the extent, if any, of additional funds necessary to provide for the payment of expenses. Each Owner shall pay a portion of the amount necessary to pay expenses equal to the Owner's undivided interests in the Property. Payment shall be made within thirty (30) days for receipt by the Owner of notice of the amount due. 7. Improvements. In the event the Owners shall further improve the Property, each Owner shall be obligated for the costs of such improvements in an amount proportionate to the Owner's undivided interest in the Property. The Owners shall determine whether to assess the cotenants for the amount required for said improvements, or to finance said amount as a joint debt of the Page 2 of 10—Canterbury Property Tenancy In Common Agreement cotenants. In the event an assessment is made, payment shall be made within thirty (30) days of receipt by the Owner of notice of the amount due. 8. Default. In the event an Owner shall fail to pay his or her obligations within the time prescribed above in the amount due under the terms of this Agreement, the undivided interest of the nonpaying Owner shall be subject to a lien in the amount of the deficiency. The provisions of Section 18 of this Agreement relating to liens shall be applicable to an unpaid obligation of an Owner. 9. Revenue, Expenses and Deductions. Subject to Section 12, the revenues, expenses and deductions from the operation and any sale of the Property shall be shared by the Owners in proportion to their respective undivided interest in the Property. 10. Disbursements. The Owner shall determine if funds are available for disbursement from the operations of the Property and shall direct the Manager hereinafter described to pay said amounts to the Owners in proportion to their respective undivided interests in the Property, subject to the provisions of the Lease and the Intergovernmental Agreement. 11. Proceeds from Sale or Refinance. Proceeds received from any sale or refinancing of the Property, or from the condemnation or destruction of the Property,to the extent that the proceeds are not needed for debt service, anticipated expenses, and reasonable reserves for contingencies as determined by the Owners, shall be retained by the IWB as reserves for capital projects. Notwithstanding the foregoing, the Owners may determine to use part or all of said proceeds to reduce or repay any mortgage indebtedness, contract, or other liability incurred in connection with the Property. 12. Management. The Owners have each engaged the CITY OF TIGARD ("Tigard") to manage the Property under terms and conditions contained in the Intergovernmental Agreement. The Owners agree that Tigard may enter into a separate off-site management agreement with a management company of Tigard's choice as it may approve, for management of the Property. 13. Duties of Property Manager. The City of Tigard shall be responsible for performance of all services and duties as set forth in the Intergovernmental Agreement. None of the Owners, their agents or representatives, shall be entitled to any compensation for management or other services rendered to or for the Property unless such compensation is expressly authorized by the Owners, and subject to the Lease,and Intergovernmental Agreement. 14. Allocation of Purchase Price on Sale or Other Distribution of Property. The allocation of the purchase price received for any sale of the Property as between real property, improvements and personal property, shall be determined by the IWB and the accountant for the co-tenancy, in consultation with the Owners,who shall be bound by said determination. Page 3 of 10—Canterbury Property Tenancy In Common Agreement L 15. Liens and Encumbrances. Any lien or encumbrance on an Owner's undivided interest in the Property, including but not limited to, any judicial attachment, any judgment lien, any lien arising out of the order or judgment of any court, any lien in connection with taxes claim due any governmental unit, any lien arising under federal or state bankruptcy or insolvency laws, and any lien arising from non-payment by an Owner of amounts pursuant to the terms of this Agreement, shall be discharged by said Owner, and the undivided interest released, within ten (10) days after the lien is filed or otherwise becomes effective. Failure to discharge the lien and obtain release of the undivided interest within the stated time shall constitute a default of this Agreement. During the term of the default, interest shall accrue on any unpaid balance due the co-tenancy at the rate of ten percent (10%) per annum. All amounts due, plus interest thereon, shall be immediately due and payable without further demand and notice. In addition to the foregoing, the remaining Owners may agree to revoke the right of the defaulting Owner to vote and manage the affairs of the co-tenancy. Any cash distributions which may become payable to a defaulting Owner shall be reduced by the outstanding amounts due plus interest thereon. The remaining Owners shall have the right, but not the obligation, to pay the deficient amount and to obtain release of the lien and to receive reimbursement for the amount of the deficiency plus interest as provided above, from any cash distributions which may become payable to the defaulting Owner. 16. Bonding of Liens. An Owner whose interest in the Property is subject to a lien may, within thirty (30) days after the lien is filed or otherwise becomes effective, deposit with the remaining Owner's cash, a corporate surety bond, or other security satisfactory to the remaining Owners, in an amount sufficient to discharge the lien and all costs, attorney's fees and other charges which could accrue as a result of a foreclosure or sale under the lien. Upon making said deposit, the Owner shall not be considered in default of this Agreement. 17. Waiver of Right of Partition. Each Owner irrevocably waives the right to directly or indirectly maintain an action or petition in any court for a partition of the Property. 18. Restrictions on Sale of the Owner's Interest. An Owner may sell, convey or transfer the Owner's undivided interest in the Property only in compliance with the terms of Section 18 herein, and the Intergovernmental Agreement. Upon the withdrawal of an Owner from the IWB, the remaining Owners shall have authority to act on behalf of the withdrawn Owner with respect to the Property. Any sale of a portion of the interest of an IWB member jurisdiction must be to another member jurisdiction or to the IWB as a group. 18.1 Sale. An Owner may sell, convey or transfer its interest only to another Owner or Owners. 18.2 Price. The selling price of the Property shall be established through an appraisal performed by an appraisal company highly experienced in valuation of properties similar to the Canterbury Property and selected by the mutual agreement of Seller and Purchaser, except the Page 4 of 10—Canterbury Property Tenancy In Common Agreement P • value of the improvements on the Property, which shall be valued according to the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994. 19. Sale of the Park Property. The Owners may sell the Park Property upon an affirmative vote of three (3) out of four (4) of the representative Owner jurisdictions and the net proceeds distributed under the terms of Section 11 above. 20. Right of First Refusal. No Owner/Landlord of the Property shall sell or transfer the Owner's/Landlords undivided interest in the Property except as set forth herein. In the event that three (3) out of four (4) of the representative jurisdiction Owners vote to sell the Canterbury Property, the City of Tigard shall have the Right of First Refusal. Within 30 days of notification to Tenant that the Property will be sold, Tenant shall notify Owner of the intent to exercise the right to purchase the Property. Within 30 days of Tenant's notification to Landlord, the City of Tigard shall determine the Canterbury Property improvement value as set forth in the System Assets and Liabilities Final Report (Section II, Utility Plant in Service) prepared by Economic and Engineering Services, Inc. dated November 1994, and order an appraisal of the land to be performed by an appraisal company highly experienced in valuation of land similar to the Property and agreed upon by seller and purchaser. Within 30 days of receiving the determination of value of the Property,the sale shall be closed. 21. Required Vote for Determinations. All determinations to be made by the Owners under the terms of this Agreement, other than sale of the Property, shall be by majority vote of the five (5) members of the IWB. Unless specifically provided otherwise, an affirmative vote of three or more of the IWB members shall be required for any action to be taken, any determinations to be made, or any authorizations to be given by the Owners under the terms of this Agreement. 22. Manner of Voting. All determinations to be made by the Owners shall be made at meetings or by telephone conferences. However, the Owners may make determinations without a meeting or telephone conference by obtaining the signed,written vote of each Owner. 23. Events of Termination. The co-tenancy Agreement shall continue until terminated by the occurrence of one of the following events: the sale of the Property, the majority agreement of the Owners to terminate this Agreement, or the majority Agreement of the Owners to divide and separate the Property among themselves. 24. Effect on Obligations. Termination shall not affect the rights or obligations of the Owners which arise prior to the termination. 25. Notices. All notices will be in writing and delivered by mail or in person to each Owner. Page 5 of 10—Canterbury Property Tenancy In Common Agreement • 26. Attorney Fees. In the event of suit, action or arbitration to interpret or enforce any of the terms of this Agreement, including any action under the Bankruptcy laws of the United States, the prevailing party or parties shall be awarded such sum as the court or arbitrator may adjudge reasonable as attorney fees in such suit, action or arbitration and in any appeal or review therefrom. 27. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of each of the Owners, their respective heirs, executors, administrators, legal representatives, successors and assigns. 28. Amendment. This Agreement may be amended at any time by the Owners in the same . manner as they make any other determination under Sections 21 and 22 of this Agreement. 29. Integration. This Agreement contains the entire Agreement of the Owners and supercedes all prior and contemporaneous agreements between them with respect to the co- tenancy. Except as fully set forth herein, there are no presentations, agreements, or understandings, oral or written, among the Owners relating to the co-tenancy, except for the Intergovernmental Agreements, and the Lease. 30. Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 31. Governing Law. This Agreement shall be subject to, and governed by, the laws of the State of Oregon. The parties have executed this agreement as of the date first written above. Page 6 of 10—Canterbury Property Tenancy In Common Agreement By: /l F:gc,d-pi-ei-L_J IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON N COUNTY OF 2-11444 Signed or attested before me on Jj4J2L ,2007,by LI/Pelr I/ Pte!') E. ✓ u t_h n P.- / ✓ / / / / Signature 4 Notarial Officer 1Iibt OFFICIAL SEAL f j ? r G GREER A GASTON `t 0/NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Page 7 of 10—Canterbury Property Tenancy In Common Agreement By: 0�->tiw\ IWB Representative for the Tigard Water District CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF /1 Signed or attested before me on ...MAL 25" ,2007,by [7-ex ra'P Rh i rui //' � a/./ .� Signature Notarial Officer > [ OFFICIAL SEAL J/1 s j,� 4 GREER A GASTON NOTARY PUBLIC-OREGON MY COMMISSION COMMISSION EXPIRES OCT.C10,2007 Page 8 of 10— Canterbury Property Tenancy In Common Agreement L By: CeKRAZ IWB Representative for the City of Durham CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON r COUNTY OF W Sf 1 i n Q Signed or attested before me on juJ�f,L ,2007,by PLL )(,k 1114 ( ?y(0/I Signature ofMotarial Officer "? OFFICIAL SEAL �� 4 717S-7-W 444,7).t GREEK A GASTON NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Page 9 of 10— Canterbury Property Tenancy In Common Agreement I r / # 1)Z J,„_ By: IWB Representative for the City of King City CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF YV a h I nikrn Signed or attested before me on ..J 1k ltt_ ZB ,2007,by A Liwie I1, i4 l,a 4 _ir ' OFFICIAL SEAL GREER A GASTON Signature of Notarial Officer YC NOTARY PUBLIC-OREGON �_ COMMISSION NO.373020 7jl S� f9 ST (� MY COMMISSION EXPIRES OCT.10,2007 1 1 Page 10 of 10—Canterbury Property Tenancy In Common Agreement EXHIBIT A CANTERBURY PROPERTY TENANTS IN COMMON AGREEMENT LEGAL DESCRIPTION OF PROPERTY Begi N4ng •$t..the,,a 0.r.07est car_ner of'Lot 5',. ga Lv lle Heights a subdivision of recorii i1. Section 11—Tcronehip',.2 fiQl? i3' Range L IYea oir`the•WMkiotte }deridian, ir! Washington 4:o _rsty •, e94;:i ni► :14�cseOp.z h ?=x:9:4 3YOat ;ot� he lieet line of said sitt4i,visipn rapt tc.:.the.-$ou 3 ►�i t:.5 kr#ex:Qr• .t. .,•thane.:goat.4oz 0'_S.ou h°.•141e.., Lvt 5.,_: 2 teat] theses•North azuiparallol�trith the'West lino of said 14t 165 feet to the' North line;thereof; 'thence'Neet 264 feet to the place of beginning; Together with an easement over the tollmring described tract of l►ndt • Bbgi∎,.,7 5 kkt ,.-Norr. heart corner of the ahoy'••deaeribed property; thence East,FalQrU _- 'o 4, igardville.Haigl i<s'' to the center.of Min-dock Avcnae, th.o}pco; Soil Fi 7,ong,said etitalr-31nb- distance of• 3 ..rent,"threncn!te"bt and parallel•with • Northline of'Lot 5,..to_the_.Eaet Line of the..a'bftve vip¢cribed tract of land, thence North a.distanoe of 32 feet to the place of beginninl3:••