91-026198 ~ 130th Avenue ~ Benchview Terrace "*"EASEMENT RELOCATION AGREE'1 4T
This Agreement is entered into the Aq day of ,4pr L
1991, by and among MKF International, a California limited
partnership ("MKF") , Waverly Construction Company, an Oregon
corporation ("Waverly Construction") and the City of Tigard, an ;
Oregon municipal corporation (the "City") , for and in consideration a IV
of the recitals and mutual promises contained herein. m CD
o
RECITALS
1. Columbia Equities, Inc. , an Oregon corporation ("Columbia
O Equities") granted to the City a permanent sanitary sewer easement
49by instrument recorded on January 18, 1990 as Recorder's No. 90-
02847, in the records of Washington County, Oregon, described on
Exhibit A attached hereto and by this reference incorporated herein
(the "Existing Easement") . The Existing Easement was intended to
connect sewer service from property owned by Columbia Equities to
property owned by Bull Mountain Project of Oregon, an Oregon
limited partnership, known as Woodford Estates and shown in part
on Exhibit B attached hereto and by this reference incorporated
herein ("Woodford Estates") .
2 . After granting the easement, Columbia Equities conveyed
the property over which the Existing Easement lies to MKF, and Bull
Mountain Project conveyed Woodford Estates to Waverly Construction.
3 . Waverly Construction now desires that the sanitary sewer
easement be relocated to the real property described on Exhibit B
Ji
_ .., attached hereto and by this reference incorporated herein (the "New
Easement Property") . In addition, MKF desires that the Existing
YF Easement be extinguished.
4 . Without a permit, Waverly Construction severed the trees
8 N` approximately from the New Easement Property and from property
lying adjacent or close to the New Easement Property.
tY. 41t 5. The City is willing to agree to the easement relocation
and extinguishment upon the terms and conditions contained herein.
AGREEMENT
1. Waverly Construction agrees to replant 30 to 50 Douglas
Fir (Pseudotsuge Menziesii) trees of a minimum two (2) inch
diameter, in an area around or near the New Easement Property, as
staked by Waverly Construction and approved by an arborist of the
City's selection. The City' s arborist shall inspect and approve
the trees prior to planting and shall inspect and approve the
planting when completed. One year from the date of such planting
and approval, the City's arborist shall inspect the planting to
determine if any of the trees need to be replaced, in the sole
discretion of the City's arborist. Such replacement trees shall
be provided and replanted at Waverly Construction's sole expense.
Waverly Construction agrees to pay all costs incurred in connection
with all such replanting, including without limitation all fees and
costs charged by such arborist, and agrees to take all necessary
action, including without limitation regrading, to return such
property to its condition that existed prior to the severance, as
approved and accepted by the City' s engineer. In addition, Waverly
1 - EASEMENT RELOCATION AGREEMENT /_ /2
Construction agr' 's to replant the trees i'vk has severed if the
easement is for any reason relocated in the future to the extent
the area severed lies outside the relocated easement.
2. MKF and Waverly Construction agree to execute or obtain
and deliver to the City permanent sanitary sewer easements over the
New Easement Property in form satisfactory to the City. After the
plan for replanting has been approved and all trees have been
replanted as required by paragraph 1 above, or, alternatively,
Waverly Construction has posted a bond in the amount of the cost
estimated to be incurred in such replanting, including the cost of
any replacement trees, the City will accept and cause to be
recorded the permanent sanitary sewer easements over the New
Easement Property. In addition, once the new easement or easements
have been delivered to the City, the City will cause the Existing
Easement to be extinguished and to execute a Quitclaim Deed
conveying the City's interest in the Existing Easement to MKF.
3. Waverly Construction agrees to obtain from the City, or
its designee, and all other applicable authorities, all necessary
permits for severing any trees from the New Easement Property, from
Woodford Estates, or any other property. A condition to the
granting of such permit or permits by the City shall be the
replanting of the severed trees, or the posting of a bond, in
accordance with this Agreement and the plan developed pursuant to
paragraph 1 above.
4 . MKF and Waverly Construction agree to obtain a title
insurance policy insuring the easements over the New Easement
Property in an amount and in form satisfactory to the City. In
addition, MKF and Waverly Construction will obtain and deliver to
the City the consent of any encumbrancer requiring such consent to
the recording of such oeasem t
5. annlat Waverly Co truction agree to pay all of the
City's attorney fees, City staff time, and costs incurred in
connection with the extinguishment of the Existing Easement, the
preparation of this Agreement, the new easements, and any and all
matters following therefrom. In addition, Waverly Construction
agrees to pay all of the City's attorney fees, City staff time, and
costs incurred by any subsequent relocation of the sewer easement
to Woodford Estates. Waverly will also be responsible for any fees
due to Otak in regards to this easement .
6. Waverly Construction hereby agrees to defend, indemnify,
and hold the City harmless from and against any and all claims,
suits, penalties, liabilities and expenses (including without
limitation attorney fees) that may be asserted against the City
arising from Waverly Construction's severance of any trees.
GENERAL
1. Recitals. The recitals stated above are contractual.
2 . Time. TIME IS OF THE ESSENCE of this Agreement.
3 . Applicable Law. This Agreement shall be governed by the
laws of the State of Oregon.
2 - EASEMENT RELOCATION AGREEMENT
4. statuttrea Disclaimer. THIS INSTRUMot4T 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.
5. Further Assurances and Additional Documents. Each of the
parties hereto shall execute and deliver any and all additional
papers, documents and other assurances and shall do any and all
acts and things reasonably necessary in connection with the
performance of their obligations hereunder to carry out the intent
of the parties hereto. The parties shall execute and deliver all
other appropriate supplemental agreements and other instruments and
take any other action necessary to make this Agreement fully and
legally effective, binding and enforceable as between the parties,
and as against third parties.
6. Entire Agreement. This Agreement, including any Exhibits
hereto, and the easement or easements described above constitute
the entire agreement between and among the parties, integrate all
of the terms and conditions mentioned herein or incidental hereto,
and supersede all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all or
any part of the subject matter hereof.
7. Good Faith, Cooperation and Due Diligence. The parties
hereto covenant, warrant and represent to each other good faith,
complete cooperation, due diligence and honesty in fact in the
performance of all obligations of the parties pursuant to this
Agreement. All promises and covenants are mutual and dependent.
8. Preparation of Agreement. This Agreement has been
prepared by O'Donnell, Ramis, Crew & Corrigan, acting for the sole
benefit and protection of the City. Each party is advised of and
acknowledges its right to have this Agreement and all related
matters reviewed by its own independent counsel. This Agreement
or any section hereof shall not be construed against any party due
to the fact that this Agreement or any section was drafted by such
party.
9. Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original, but all of which
shall constitute but one and the same Agreement.
10. Successors and Assigns. This Agreement shall inure to
the benefit of and be binding upon the parties hereto, their heirs,
executors, administrators, successors and assigns.
11. Severability. Nothing contained herein shall be
construed so as to require the commission of any act contrary to
law. Wherever there is any conflict between any provisions
contained herein and any present or future statute, law, ordinance
or regulation, the latter shall prevail; but the provision of this
Agreement which is affected shall be curtailed and limited only to
the extent necessary to bring it within the requirements of the
law. If any provision of this Agreement shall be held to be void
or invalid, the same shall not affect the remainder hereof which
3 - EASEMENT RELOCATION AGREEMENT
shall be effectias though the void or inv' id provision had not
been contained herein.
12. Full Authority. Each of the parties and signatories to
this Agreement represents and warrants that each has the full
right, power, legal capacity and authority to enter into and
perform his or her respective obligations hereunder and no approval
or consents of any other person are necessary in connection
herewith.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first written above.
MKF INTERNATIONAL, a California CITY OF TIGARD, an Oregon
limited partnership - municipal poration
By:
Its: Po Its: ' i ,// „,ri,/
WAVERLY CONSTRUCTION COMPANY,
an Ore•;n corporation r
By: 2a22 ,Z<aleel1
Its: G` ' �g� '�[_
STATE OF nj2Q ,j)r) )
ss.
County of pitLantrWal ) 6,00,-6
Acknowled ed befo ee this ,6 day of , 1991y J vzuf , CQ-1 et , the General: Partner of MKF
INTERNATIONAL, a California limited partnership, on behalf of such
limited partnership.
L,Aultiumpc_i4;;11 ,,
;,-r -`'' NOTARY PUBLIC FOR .3tt Oii
My Commission Expires: 9'd 's/q r� .
STATE OF OREGON )
ss.
County of )
c n leged before me this day of , 991,
by , the 1l/2 / s of
WAVERLY CONSTRUCTION COMPANY, an Oregon corpor-tion, on behalf of
such corporation.
AlAWALdtalar
NOTARY PUBLIC aR OREGON
My Commission xpires:_ 5/
4 - EASEMENT RELOCATION AGREEMENT
STATE OF OREGON )
ss.
County of Washington )
Acknowledged before me this LP 1) Aday o `11'2-L , , 1991,
by /-1./_/(^,/,'\ , the Li �. tf,1r/?5 ; r\ of THE
CITY OF TIGARD, an Or gdn municipal cor.�poration, on behalf of such
corporation.
NOTARY PUBLIC FOR OREGON
My Commission Expires:�/Ofr//
ILa`--
AFTER RECORDING RETURN TO:
Kenneth M. Elliott
O'DONNELL, RAMIS, CREW & CORRIGAN
1727 N.W. Hoyt
Portland, Oregon 97209
NBM\90024-4\RELOCATN.AG4
5 - EASEMENT RELOCATION AGREEMENT
O'DONNELL, RAMIS, CREW & CORRIGAN
JEFF H. BACHRACH ATTORNEYS AT LAW
CHARLES E.CORRIGAN* BALLOW&WRIGHT BUILDING CLACKAMAS COUNTY OFFICE
STEPHEN F.CREW 1727 N.W. Hoyt Street 181 N. Grant, Suite 202
CHARLES M. GREEFF Portland, Oregon 97209 Canby, Oregon 97013
MARK E. HERZOG*** (503) 266-1149
WILLIAM A. MONAHAN TELEPHONE: (503) 222-4402
NANCY B. MURRAY FAX: (503) 243-2944
MARK P. MURK ELL JAMES M.COLEMAN
TIMOTHY V. RAMIS PLEASE REPLY TO PORTLAND OFFICE KENNETH M. ELLIOTT
SHEILA C.RIDGWAY* Special Counsel
MICHAEL C.ROBINSON**
WILLIAM J.STALNAKER
November 12, 1991
*ALSO ADM FED TO PRACTCEICE
INSTATEWISC OP WASHINGTON (� `
**ALSO ADMTI7O I IN WISCONSIN
.�( \\\y\�1\
•••ADMITIF.O'I'O PRACTICE IN NEW YORK ONLYStk \`\\v
Mr. Christopher R. Davies � 1 19 Q
Development Review Engineer .S�G'p`
City of Tigard F,
13125 S.W. Hall Blvd. 0.C4
P.O. Box 23397
Tigard, Oregon 97223
Re: Waverly Construction/Woodford Estates
Dear Chris:
Enclosed are originals of the following:
1. First American Title Insurance Company Title Insurance Policy No. 375210
2. Easement Relocation Agreement (Filed r, ��,�,- �r ,,,c,,-7
3. Permanent Sanitary Sewer Easement from MKF International ,mai!L. ff/L'.s r,We/
4. Permanent Public Utility Easement from MB Development, Inc.(tet c&(1 LL.4i/,h.>
5. Permanent Sanitary Sewer Easement from Bull Mountain Project of Oregon fled/El Sari.
6. Consent to Permanent Public Utility Easement by Bull Mountain Project of Oregon(r,tcd /h u-41l1111
-ea sr/pa
7. Consent to Permanent Public Utility Easement from Washington Federal Savings Bank/A.d tr) { ,i
8. Statutory Quit Claim Deed (Easement Extinguishment) from the City of Tigard
L.
9. Release from Michael C. Zusman(rIicd wc..-1-41 0n Qvac:; s(( o)✓;s;rn ion, 'i i c >
Please call if you have any questions or comments.
Very truly yours,
O'DONNELL, RAMIS, CREW & CORRIGAN
Nancy B urray
NBM/j j s
Enclosures
nb.n4igtd\90024-04y.ic.,3It
.
TICOR TITLE
— I' 4 /' • T., INSURANCE ' • '. .
i c re ' . :• � • 90=02847. •
1 00•.
.:e Al% CORPORATION .
Wa.Mngtaa County
I.c1CBi . PERMANENT SANITARY SEWER.EASEMENT
-1 KNOW ALL MEN BY THESE PRESENTS THAT ('(?i.TT1ATA.I ITTTTf:G; INC.,
'hereinafter called the Grantors, in consideration for the sum of Crie •
C,./ dollars (S 1,00 . ' ) from the 'City of
Tigard, hereinafter called Grantee, grant and convey unto the City of.Tigard a'
perpetual easement for 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 on the following described parcel of land, situated in •
the City of Tigard; _Washington County, State of Oregon: Ithibit 'A'
IAD w
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
title or interest except those expressly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover; provided... .
. however, that such use shall not interfere with the uses and purposes of the
`•w) 1 , intent of the easement. •
• IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
"• successors or assigns should cause said easement to be vacated, the'rights.of
1 t)R the Grantee in the above-described easement will be forfeited' and shall • '
immediately revert to the Grantors, their successors and assigns in the case
of.such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
{ Grantee, its successors and assigns forever.
1
1 i IN WITNESS WHEREOF, the undersigned corporation has caused this easement •
to be executed by its duly authorized, undersigned.ofticers acting pursuant to - '
I resolution of its Board of Directors.
•
f rnr,1 'A TX?IJ1PTFS. INC.,,
Name oYY rporatto .
. Corporate Seal • By: '4417e1117
c7 �r*holemv
V, -President
.-/t/ ' lr1 / Vic
l STATE OF OREGON ) • By: Ralph A. Vraniran� •
•
•
ea. Secretary •
County of Washington )
v M Personally appeared Pahl K. P,irtholemv" and Ralph A. Vranl7an '
i ; f who, each being first duly sworn, did say that the •
• former is the rorrorn*inn VIC.i-president and that' the latter is
the corporation secretary of ' Columbia Equities. Tnc.,
. a corporation, and that the seal affixed to
the foregoing instrument is the corporate seal of said corporation and that
• said instrument was signed and sealed. in behalf of said corporatto .,�7by -
authority of its board of directors; and each of them acknovled ..idikv
i • instrument to be its voluntary act and dee +.+-.
e l: Q/7 ,
1,,,ter of CIL .�..,�;--.�►% co.
Noj y Public for Oregon ---
(NOTARIAL SEAL) My-- ommission Expires: /044419/ 'li: . . ..
Approved as to legal description this day of , i9_•'• 1'!:�'+ •
•
By: '. .. , I
,a
•
Title to
•Approved this Yl day of C• ,,—c,!S!-r . 19 6.7 . •
' GRANTOR'S NAME/ADDRESS. DEPARTMENT OF COMMUNITY DEVELOPMENT .........
Columbia Equities, Tnc. Hy:
15800 S.W. Tioones Ferry Rd. Titlet -
/ j —
' Lake Oswego, OR 97035 • EXHIBIT A-
. 503/635-4556 . . - - Page I of
1 . . (2871P) Pages _ •
\
•
c4trilio` 44.0'
wa t . ..
4 -atrr�:�3.c4,0,nt
•
• 1 '
co
--X .
•
•
•
:O
October 3, 1989 -
O -
EXHIBIT 'A'. ' ' •
RIO Sanitary Sewer E
(Tax Lot 5700, Map 2S1 4DC)
O
A fifteen (15.00) foot•wide sanitary easement,
the center line of which is more particularly described
1 as follows: -
t Beginning at the Northeast corner of Parcel I. as
•
I. •, described in Bargain and Sale Decd recorded as Document
l No. 86032439 and located in the Southeast one-quarter
of Section 4, Township 2 South, Range 1 West,
•
Willamette Meridian, Washington County. Oregon , and
' ( running thence South 01'58'21 ' West. along the East
-
i line thereof, a distance of 270.00 feet to the True ,
I • Point of Beginning: thence North 87°31'30" West, a
idistance of 180.00 feet to a point; -thence North--- ---
36'15'45" West. a distance of 90.00 feetto a point;
Iy thence North 25°54'00" West. a distance of 61.30 feet
to the South end of S.W. 132nd Avenue as dedicated in •
• i BENCHVIEW ESTATES, a plat of record,. and the terminus
1 I of this description. ,
i '
STATE Of OREGON
County a Washington . } SS
33 "
Reference Survey No. 22,776 I.Donald W.Mason Otranto ol Assessment -
and Taxation and EaOWcro Reenter el Cor-
'.. - - - .. veyancos toe sad won't?.do hoot,/of that
me within instrument d angina was rammed
r o n- and racordahook of monis 51 NOt�cou county.-
•
Dona+d w. Kum.O+re «of
Asscamwe and 7s a Ea•
Oldtlo County Clarki '
, - - ,V
iJ
Doc : 90002847
Rect: 25641 38.00
//2- 01/18/1990 09:52:36A11
4 -'L� a
t
il
}I '1
t
i i EXHIBIT..
Page __2,___ of
- ____2,_Pages
tl
BURTON ENGINEERING AND SURVEY CO.
11945 SW PACIFIC HIGHWAY #302
TIGARD, OREGON 97223
PH ( 503 ) 639-6116
April 11 , 1991
DESCRIPTION FOR SEWER EASEMENT TO CONNECT PROPOSED 33 LOT
SUBDIVISION ON BULL MOUNTAIN TO EXISTING SEWER IN BENCH VIEW
SUBDIVISION . ( Basic Centerline description through all
properties for offsite sewer )
A strip of land 15 . 00 feet in width for sewer and utility
easement and utility service road together with temporary
construction access and slope easements necessary for utility
and road construction, located in the East 1/2 of the
Northeast 1/4 of Section 9 and in the Southeast 1/4 of
Section 4, Township 2 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon, more particularly
described as follows :
A strip of land 15 feet in width lying 7 . 50
feet on each side of the following described centerline :
Commencing at the Northeast corner of said section 9 ; thence
South 00° 18 ' 20" West along the East line of said Section 9,
a distance of 1824 . 94 feet to the Northerly right of way of
Bull Mountain Road; thence South 86° 24 ' 49" West along said
Northerly right of way 966 . 61 feet to the true point of
beginning for the centerline herein described,said true point
of beginning lies , 7 . 50 feet Westerly (When measured at right
angles ) from the East line of a tract of land conveyed to
Bull Mountain Project of Oregon, and Oregon limited
partnership, by deed recorded March 10, 1981 in the
Washington County deed records as fee no . 81008100; thence
North 00° 16 ' 00" East along a line parallel to and lying
7 . 50 feet Westerly from the East line of said tract, 1236 . 25
feet to a point that lies 27 . 68 feet northerly from the
easterly extension of the North line of a tract of land
conveyed to Michael C. Zusman by deed recorded September 3,
1987 , in the Washington County Deed Records as fee no .
87045439; thence North 74° 04 ' 16" West 130 . 11 feet; thence
South 79° 04 ' 02" , West 220 . 75 feet; thence North 11° 45 ' 55"
East, 272 . 73 feet; thence North 29° 32 ' 31" East, 227 . 81
feet; thence North 29° 50 ' 42" West, 173 . 65 feet; thence
North 17° 14 ' 34" West, 167 . 66 feet; thence North 10° 30 ' 20"
East, 134 . 79 feet; thence North 03° 49 ' 32" East, 232 . 14
feet; thence North 09° 38 ' 42" West, 107 . 40 feet; thence
North 07° 58 ' 05" East, 189 . 12 feet; thence North 32° 43 ' 47"
West, 125 . 18 feet; thence North 47° 43 ' 45" West, 247 . 97
feet; thence North 36° 52 ' 12" West, 205 . 02 feet to an
EXHIBIT 4
Page I of
S Pages
Vf
•
existing manhole located near the intersection of SW
Benchview Terrace and SW 132nd . Ave . in Benchview
Subdivision.
Parcel 2
Also including the following described parcel being a portion
of that parcel deeded to Bull Mountain Project of Oregon
recorded on March 10, 1981, fee No . 81008100, Washington
County,Oregon, deed records, lying in the Northeast 1/4 of
the Northeast 1/4 of section 9, Township 1 South, Range 2
East, Washington County, Oregon more particularly described
as follows : Beginning at the Northwest corner of that tract
conveyed to Michael C. Zusman by deed recorded September 3,
1987, in the Washington County Deed Records as fee no.
87045439 said point also lies on the West line of the
Northeast 1/4 of the Northeast 1/4 of said section 9; thence
along the said West line North Oo 30 ' 33" West 90 . 00 feet;
thence South 440 52 ' 31" East 126 . 42 feet to the North line
of said Zusman tract; thence South 890 44 ' 25" West along
said Zusman North line 90 . 00 feet to the point of beginning.
EXHIBIT t;
Page 2 of
5 Pages
2.20-:----------------.-S , ``r'w
04,
0 79'04'(32' E_ ------f la- '6:e 1
7 1
_N 89'44'25" E _ 345.01'
rI. o.
Fi I-0 N.E. CORNER
cam, SECTION 9
ro
N
WI
1 2 3 4
0
oI
io
7 j
5
81
/ Z
S 89'18'36" E 3 I -d
_ _178.00' r,� v
"COI°o 6 I ' oNo
r 6
N 89'34'11" W 1
33 32
l
- -
I 7
I
cc
O
f0 pp
t NI SEWER EASEMENT AND PROPOSED
31 ` I 8 PLAN FOR WOODFORD ESTATES
o 0
SUBDIVISION ON BULL MOUNTAIN
•o'
0
30 v a 9 LOCATED IN THE NE 1/4 NE 1/4 SECTION 9
AND
•
THE SE 1/4 SE 1/4 SECTION 4
T2S., R1W., W.M., WASHINGTON CO., OREGON
29 I 10
)1(1,
3,•
28 V
11 Iv-
h
vj/ 12
27 /
13 I
26 3 01)
0
0 o in i
0 o r-
tDIui 00
GIN 15 14o
25INti
\ I
• N 89'34'11" WI SCALE 1 "=100'
24 105.00' _ Li
I FEB. 5, 1991 r ,
}I w, I JOB NO. 90-314 0
o . '� Q I BURTON ENGINEERING & SURVEYING Co i
23 ��� 302 TIGARD PLAZA o
'toad I TIGARD, OREGON 97223 I
ogr I (503)639-6116
17 ;
I I
22 I I
18 (nI
l 1, t
20 t9 I I
I966.61'
Lt 5 86'24.49- N!
_ - - - r EXHIBIT 8
- -- " S �N. E3ULL MOUNTAIN ROAD
�_- _ --- _ — �d Page _a of
___,5" _Pages
44440,0' ''oriii
•
• , : \
• )::"1.--(17-33Z N
. G V
COSTING MANHOLE
BFNCHVIEV/ SUcDi`.,SION, SEWER EASEMENT AND PROPOSED
��C�\1. PLAN FOR WOODFORD ESTATES
`Y.�VRRP ti SUBDIVISION ON BULL MOUNTAIN
�( �o\)'Np. LOCATED IN THE NE 1/4 NE 1/4 SECTION 9
t''\ AND
•
\ THE SE 1/4 SE 1/4 SECTION 4
T2S.. R1W., W.M., WASHINGTON CO., OREGON
S'
A
ND '-0••
•
•
\\P
I/7 . 0
Xj x'.�Y
SCALE 1 "=100'
FEB. 5, 1991
JOB NO. 90-314
BURTON ENGINEERING & SURVEYING IL"
302 TIGARD PLAZA olw
• TIGARD, OREGON 97223
. (503)639-6116 co/co
rn
'�
t?z
i
(-z.
1g
5\L
ea.
2 SUBDIVISION .�
�'
o
-1 .
r
. •
•
WI PROPOSED MOUNTIAN
N�^
:4RIDGE SUBDIVISION
d� N
•
-
o'N
z)
• r
AFTER RECORDING RETURN TO:
1
Kenneth M. Elliott
41
O'DONNELL, RAMIS, CREW & CORRIGAN , 1'
1727 N.W. Hoyt •
^
Portland, Oregon 97209 '0/S. .
• o �
1 NE 1/4 NE 1/4 SECTION 4
V.3 EXHIBIT, 8
�v,-. Page 5 of
// .713, --t-, 5 Pages
1 _
*110 $4100
STATE OF OREGON i SS
County of Washington j
I,Jerry R.Hanson.Director of Assessment
and Taxation an0 Ex-Officio Recorder of Con-
veyances for said county,do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Jerry R. Hanson, Director of
Assessment and Taxation. Ex-
Officio County Clerk
Doc : 91026198
Rect.: 54805 68 . 00
05/21/1991. 04: 03 : 372M
/2
91026197
Washington County
STATUTORY QUITCLAIM DEED N.
(EASEMENT EXTINGUISHMENT)
The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing
under the laws of the State of Oregon, GRANTOR, releases and quitclaims to MKF INTERNATIONAL, a
California limited partnership (successor in interest to COLUMBIA EQUITIES,INC., an Oregon corporation),
GRANTEE, all of GRANTOR'S right, title, and interest in and to the real property, situated in Washington
County,Oregon, described in Exhibit"A"attached hereto and incorporated herein by this reference, granted
to the GRANTOR by instrument recorded at Recorder's Fee No. 90-02847.
Ai O The true consideration for this conveyance is $0.00. However, the actual consideration
consists of or includes other property or value given or promised which is the whole consideration.
G�
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.
Dated this
- day of "Mal, 1991.
CITY OF TIGARD, OREGON
Recorded !!y
fifst American Title insur&ice Company s1 Oregon '�+��r'
7---R-62-4 0 Patric Reilly, • 4mi •strator
STATE OF OREGON )
) ss.
County of Washington ) ` �(y^ , 1991
Personally appeared Patrick Reilly, who, being duly sworn, did say that he is the City
Administrator,of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City
by authority. f its'-council; and he acknowledged said instrument to be the City's voluntary act and deed.
•
r\iNOOTARI4 b"Si AL]
N ARY PUBLIC OF OREGONl
------ 4ge> My Commission Expires: 5/)v/c (
NO CHANGE IN TAX STATEMENTS
AFTER RECORDING RETURN TO:
Kenneth M. Elliott
Attorney at Law
O'Donnell, Ramis, Crew & Corrigan
1727 NW Hoyt Street
Portland, Oregon 97209
STATUTORY QUITCLAIM DEED
nbm\90024\4\tigard.gc /—
Sanitary Sewer Easement
(Tax Lot 5700, Map 2S1 4DC)
A fifteen (15.00) foot wide sanitary sewer easement, the
center line of which is more particularly described as
follows:
Beginning at the Northeast corner of Parcel I, as
described in Bargain and Sale Deed recorded as Document
No. 86032439 and located in the Southeast one-quarter of
Section 4, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, and running thence
South 01°58 '21" West, along the East line thereof, a
distance of 270. 00 feet to the True Point of Beginning;
thence North 87°31' 30" West, a distance of 180.00 feet
to a point; thence North 36°15 '45" West, a distance of
90. 00 feet to a point; thence North 25°54 ' 00" West, a
distance of 61.30 feet to the South end of S.W. 132nd
Avenue as dedicated in BENCHVIEW ESTATES, a plat of
record, and the terminus of this description.
STATE OF OREGON
County of Washington SS
I,Jerry R. Hanson,,Di actor of Assessment
and Taxation and Ex Officio Ragorder of Con-
veyances for said county 0do,herebyertify that
the within instrument of-writi*wal-received
and recorded in book of.records ofaiounty.
Jerry R. Hanson,' Director of
Assessment and:Taxation, Ex-
Officio County Clerk
COU‘'/
Doc : 91026197
Rect: 54805 38. 00
05/21/1991 04: 03: 36PM
EXHIBIT "A"
nbm\90024\4\Exh.A/bjd
2