2019-095177 & 4574 ~ 7600 SW Atlanta St Washington County,Oregon 2019-095177
Stn=B J CHOATE 12/31/2019 09:00:14 AM
in
AFTER RECORDING RETURN TO: $30.00$11.00$5.00$60.00 $106.00
CITY HALL RECORDS I,Richard Hobemicht.Director of Assessment and Taxation and Ex.
= City of Tigard officio County aeric for Washington county,Oregon,do hereby
W � 13125 SW Hall Blvd certify
recorded in m withinbinstrument ecosof county received and
-.1 X Tigard OR 97223 Richard Hobemicht,Director of
Assessment and Taxation,Ex-Officio
p UNTIL A CHANGE IS REQUESTED
a SEND TAX STATEMENTS TO:
(NO CHANGE)
V0
I N EASEMENT TERMIThis wow is reserved for'worriers use.
V
V This Easement Termination (-Termination")is made effective December 18,2019("Effective
Date")by and between Trailblazer Development LLC,a Delaware limited liability company("Grantor')
and the City of Tigard, an Oregon municipal corporation("Grantee")Grantor and Grantee are collectively
referred to as the"(Partissy.
RECITALS
A. Grantor is the successor-in-interest of M&S Investment Inc.,an Oregon corporation
("MSP)by virtue of a conveyance of Map No. 1S136CD Tax Lot 01501 [APN R284285]("Parcel 1501")
1>c) which is encumbered by a portion of the Easement referenced herein.
B. Tri-Square Development Co, an Oregon corporation(`TSD')was also a Grantor of the
' Easement referenced herein; however,TSD's interest in the Easement was limited to its ownership of
(D Map No. 1S136CD Tax Lot 01400[APN R284258j.
C. MSI and TSD and Grantee entered into an easement dated July 1, 1977 for the purposes
of an underground sewer line and appurtenances recorded at Book 1179, Page 556("Easement"). The
Easement, including a legal description of the real property it encumbers in Washington County, Oregon,
is attached and incorporated in Exhibit A.
QD. Grantee has decided to terminate that portion of the Easement which encumbers Parcel
" 1501.
E, This Termination is intended to accomplish that Easement termination.
C.�
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements described in this
Termination and for other good and valuable consideration,the receipt and sufficiency of which are
acknowledged, the Parties agree as follows:
1. Recitals True. Definitions Incorporated. The Parties acknowledge that the Recitals
above are true and accurate.
2. Easement Termination;Release. Grantor and Grantee agree that the Easement is
terminated, and Grantor releases to Grantee any rights it acquired under the Easement.
EASEMENT TERMINATION,Page 1 of 3 50249.-07r r Tigard-New r Lawmen(lermmwher[AWN A()12 23 2n19
3. Choice of Law. This Termination shall be governed by and construed in accordance
with the laws of the State of Oregon.
4. Duration. Unless otherwise canceled or terminated, and except as otherwise provided
herein,all of the rights granted in this Termination shall be perpetual.
5. Binding Effect Run with the Land. This Termination shall run with the land and shall
inure to the benefit of and shall be binding on Grantor and Grantee and their respective heirs,
representatives,administrators, lessees, successors and assigns.
6. Headings. The headings herein are inserted only as a matter of convenience and for
reference and in no way define,limit or describe the scope or intent of this document nor in any way
affect the terms and provisions hereof.
7. Counterpart Signatures. This Termination may be executed in counterparts,which
taken together shall constitute a fully executed agreement.
8. Recording. This Termination or any other document contemplated in this Termination
may be recorded by either party. The party submitting the document for recording shall pay the recording
fee.
By their signatures below,Grantor and Grantee execute this Termination as of the Effective Date.
GRANTOR GRANTEE
Trailblazer Development LLC, City of Tigard,
a Delaware limited liability company an Oregon municipal corporation
B : B
By: y:��- 0 i ''"ej'-4--
Name:Azam A. Qayum Name: tore' £L
Its: Managing Member Its: C.1. 6V 3 A cte
STATE OF OREGON )
ss.
County of Clackamas )
This instrument was acknowledged before me on December 23,2019, by Azam A.Qayum as
Managing Member of Trailblazer Development LLC.
41.1.„,314/, OFFICIAL STAAIP
BRIAN ADAM SINGER NOTAR BLIC FOR C cat{- 3
NOTARY PIMA•OREGON My Commission Expires: •I_•inz..-1.—
• .,<•_% COMMISSION NO.977535
ns MY COMMISSION EXPIRES AUGUST 06,2022
•
EASEMENT TERMINATION, Page 2 of 3 .5020--0-•1 Tigard•Newer Eaeemem 1ermenaiion.Joel.t(11 23 1019
EXHIBIT A
Easement to be Terminated
EASEMENT TERMINATION, Page 3 of 3 50219-70711 1igord•Sexer!uwiueni Iermmation Jona AO 12 23 2019
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:,: , now ALL MEN SY THESE PRESENTS: That we IX) fl
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hereinafter terme4 grantorls), in consideration of the sum of $0.00 •
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter
•.termed the City, hereby grant, bargain, sell and convey unto the CITY OP
TLGARD a perpetual right-of-way and easement as hereinafter described, to- ' •
gather With a temporary right-of-way and easement to use an additional area
i hereinafter described and designated temporary easement, for the following •
uses and purposes: '
I. Perpetual easement, '
Aa unencumbered perpetual right-of-way and easement for the
---, purpose of constructing, reconstructing, operating, maintaining, ,
inspecting and repairing of an underground sewer line and -
appurtenances, together with the right to remove, as necessary,
vegetation, foliage. trees and other obstructions within the '
' easement area, but reserving to the grantors the title to the
• lands, subject to the ensesont, and the right to make such use '
. • thereof, except to construct buildings. . •
as will not interfere with the uses and purposes of the easement:
said easement area being 7.5 fact on each aide, when measured
at right angles, of the fullouiriy described center line within the
following daaignuted premises: beginning at the Northwest corner of
Tax Lot 1400, Map #151 36CD, Sec_ion'35, T,1S, R. W, Willamette •
Meridian, Washington County, Oregon, thence S. 2Ir 00' E. Along the West
Line of Tax Lot 1400 n distance of 165 feet to a point, thence N. 70w 00 ;
E. a distance of 20 feet to the northerly end of the centerline, of S
said 15' easement, said centerline extending southerly on a bearing of 1•,„•s.•.',•
S. 13 00' E. a. distance of 400 feet, more or less, to an existing
manhole located in.the vicinity of the S.S. corner of Tax Lot 1501.
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2. Temporary easement:
• Together with the temporary right of ingress, egress and regress, - `
and use for sewer construction purposes, of additional lands 1 •
. lying parallel to, along the sides and within 5 -feet, when•
measured at right angles, of the above des•-.iue p�irpetual'casement • i•',?:,
area, excepting and reservingtograntors the unencumbered enjoyment, .:
P 4 joYjOe•
use and preservation of all'structures present upon the premises. + , ,�.
This temporary easement shall terminate upon completion of the sewer r ;? ,_'
construction work, at which,time, upon request of the owner, the
City will issue a written release thereof.
•
fes..9::•
Page 1 It _
Easement
1001-09 x556
Yet G#n• kY+: ..r i'*_ -•.ss.y •r; .• , ! Yi ►
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•
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4.1174. �
e....44,..,Kik' • Should it be necessary to cut and remove any brush, trete, or other
'1ratter or.eateridl.s from the easement area, said brush, .trees, or other
....:74.-Matter and materials shall be removed and disposed of by.the City sed the
- • •City shall leave the easement area in a neat and workmanlike condition. The
'.City agrees-that in connection with its.use of the perpetual saiseent area
.sad in inspecting, repairing, swaintainittg, or_replacing maid sewer line, the
' -City will leave the premises in a neat and workmanlike condition and as nearly '
-,1, '....-.4r the pre-existing state as practicable.
The grantors do hereby warrant that they are the owners in fee simple
and have the right td grant the above described easements. ,r .-
Witness our hands and seals this /1-44-day of , 19 ,. '
•1
. fi,ii �1tT ( J► ¢eat • ' .•l$rzu
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•
FDr a consideration, the mortgage lien on the above described .
properties is hereby made subordinate to the•easemeAts above granted. •
il' ,
Dated this day of 19
i
Mortgageei.
Title
-•
By �ic.
Title *•:1..i'--4
[
SLATE OF se66oe ) r. ►
County of-�o.,.. .--.5a� rr. _) b
•
? da this 11� day of /iL,sr sI./ } :921..7., before es appeared .1 ,
1.-,:f.',:::
4L :,tek,..t5. _ _and %l w...d(r... dinti ...
both to be•petaaially know°, who being duly sworn, did soy ttiet he, the said jc i
&If,a Je4_L is the President, aodshe, the said . .`-: 4;i.!:.1.
• lh,.444„.,i✓.L..L is the Secretary of 1948_r a. z-ge' .k
`�:•'' _ the within nosed Corporation, end (:i. W
Z.. ,r
that the seal affixed to said laatrurant 1s the corporate sal of said Corporation, ! ! r
and that the said imtrusset was signed and sealed in behalf of said Corpotation by
resauthority of its er
Board of Directors, and 4.,al... .4 and !i t
.*4'+ eclutowledged shit instrument to be the I:.- 9
free aeE,,and dea4 ot:;oa Corporation. Ft,y
it IN TLSTINIXtt WHEREOF, I have hereunto set l.'?a4)#''
') • ver hand mad affixed n official seal the day '+ r'
•
z_ - and year Last above written.
,- • N'3t=y 6Dlic for Oregon _
No,Corovisdon Bows Na tl M a
;Off_ f E557 My Commission expires +on '-:e
Y y'wr,: .tc'A 7:777".n -.
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71 A
,`. dE OREGON 4574 , -
•
_ .. )as.
County of •
)• ..
On this day of . 19 , personally
:r.
appeared the above named
•
and acknowledged the foregoing instrument to be their voluntary act sad
deed.
Before me:
•
,':,, Notary Public for Oregon
My Commission expires: • •
_ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
i to Comply with each and every term and condition thereof.
CITY OF TIGGARRD ,n!•� � � ® •
liv: S+ sY.f �e•'rdZl
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STATE OP OREGON ) • °C'
)ss. ' ,
County of (.3u.b...pt,...,-) moi_
.'FK,
On this .2 day of ., , 196.22_, before me ';::..--..
appeared I.o.rR.._ Lr34..p • an• i • ... d - , ;-,i'',..I
both to no persona ly Known who, Icing duly sworn, •a• a y t a , a +:
said (u.lb A fi.o/►oya is the Mayor, andSbe, the said ki. �.
r y is the Recorder of the CITY OF TIGARD, a municipa r4z-4..` '
eorporan ai►d the said (v.I '...l o.� and:L.,.., W,,.•4., • .Tr r�-
acknowlcdgs the sale nit ns to be the free act and deed r,::;...,
o •
«iaad mueucioal corporation'. t r.:7
,9':
r . ' 7
4-, ill TESTIHOI:Y MekRUOF, I have hereunto sat my hand and affi.ited my .,gin ',?
Official' seal, this the day and year in this ray-Jcertificate first-written. !..T.,,.,...
- art's Pf1Oia C'for ragas n_t'.
•
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•
G. . . - - bey commission expires '-- �,-
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ment Mary ay land iii dei 011.8d. ! 0�S 4
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Easem*Mi4t:
Deed Reference:*14o0: 13791 -1>774
S-)og-V,
KNOW ALL MEN 3Y THESE PRESENTS: That i.'we (
T&k__=JAZE _MV,_46. Itie. , 60
hereinafter termed grantor (s) , in consideration of the sum of $0. 00
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter
termed the City, hereby grant, bargain, sell and convey unto the CITY OF
TIGARD a perpetual right-of-way and easement as hereinafter described, to-
gether with a temporary right-of-way and easement to use an additional area
hereinafter described and designated temporary easement, for the following
uses and purposes :
1. Perpetual easement:
An unencumbered perpetual right-of-way and easement for the
purpose of constructing, , reconstructing, operating, maintaining,
inspecting and repairing of an underground sewer line and
appurtenances , together with the right to remove, as necessary,
vegetation, foliage , trees and other obstructions within the
easement area, but reserving to the grantors the title to the
lands, subject to the easement, and the right to make such use
thereof, except to construct buildings ,
as will not interfere wiLli Lho uses and purposes of the easement;
said easement area being 7. 5 feet on each side, when measured
at right angles , of: the fol-.f-o'w'j,-ji-(j'-d-c�scribed center line within the
following designated promises : Beginning at the Northwest corner of
Tax Lot 1400 , Map #151 36CD, -Section 36 , T. lS , RAW. Willamette
Meridian, Washington County, Oregon, thence S . 200 00 ' E. Along the West
Line of Tax Lot '1400' ,, distance of 165 feet to a* point, thence N. 70 0 00
E. a distance o'f-' 20 feet to the northerly end of the centerline, of
said 15 ' easement, said centerline extending southerly on a bearing of
S. 13° 00' E. a distance of 400 feet,' more or less , to an existing
manhole located in the vicinity of the S .E. corner of Tax Lot 1501.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes , of additional lands
lying parallel to, along the sides and within 5 feet, when
measured at right angles , of the above described perpetual easement
area, excepting and reserving to grantors the unencumbered enjoyment,
use and preservation of all structures present upon the premises .
This temporary easement shall terminate upon completion of the sewer
construction work, -at which time, upon request of the owner, the
City will issue a written release thereof.
Page 1
Easement
?AGE556
• 4574
Should it be necessary to cut and remove any brush, trees , or other
matter or materials from the easement area, said brush, trees, or other
matter and materials shall be removed and disposed of by the City and the
City shall leave the easement area in a neat and workmanlike condition. The
City agrees that in connection with its use of the perpetual easement area
and in inspecting, repairing, maintaining, or replacing said sewer line, the
City will leave the premises in a neat and workmanlike condition and as nearly
in the pre-existing state as practicable.
The grantors do hereby warrant that they are the owners in fee simple
and have the right to grant the above described easements.
Witness our hands and seals this // day of � 4i6,6 lga-
dl�
�,')SEAL (SEAL)
E4
(SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this day of 19
Mortgagee
By
Title
STATE OF OREGON
) ss.
County of
On this day of 19 personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expires :
Page 2
Easement
STATE OF OREGON
ssa
County of
GSC On this day of 19 �717 before me appeated
and
Tj
both to 'me personally known, who being duly swcrn., did say that he, the said
is the Pre"-Ident, andshe, the said
is the Secretary of
the witHr, named Cc�--peration, and
that the seal affixed to said instrument Is the co-pora� e ceal of said Ccrporation,
and that the said instrument was signed and sealed in behalf of Said Corporation by
authority of its Board of Directors, and and
acknowledged said instraiTent to be the
free act and deed of saVdCorporatir.n.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed my official seal the day
and year last above written.
Not4,fy7��6blit.—for Oregon
My Comimicc!z)n Expires Nov.A 1971
wK1179 mt,557 My Commission expires
STXT9 SF OREGON 4400 4574
) ss.
County of )
On this day of 19 personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Public for Oregon
My Commission expires :
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY OF TIGARD
o r d e
STATE OF OREGON
) ss .
County of
On this .2 7 day of C_ 196,x, before me
appeared L , J,,, and
both to me personally known who, being duly sworn, did s that he , the
s a i d ,j b is the Mayor, and She, the said
1:b, k-1 S '4-kiL k-t.,C is the Recorder of the CITY OF TIGARD, a municipa
corporation, afid the said and
acknowledged the said instrument to be the free act a deed
of said z;;xx� c% al corporation.
111I,i TESTL,10114Y WIIEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year in this my certificate first written.
6�Atary?_Pu`b2L1ic for Oregon
FFY commission expires
STATE OF OREGOI�j
County of Washington ii S
1, Roger Thomsen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
S
and recorded in book of records
Page 3 No.
of said County
Easement Witness my hand and seal affixed.
ROGER THOMSEN, Director of
Records & Electionm
Deputy
R i W W.M.
S ALE
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