2011-002422 ~ Burnham Street w
War 'on County,Oregon 2011-002422
Noe' 0144.0011 11:10:32 AM
D-E Cnt■1 Stns.? K ORUNEWALD
$106.00$6.00$11.00$16.00-Total■$138.00
) 11?1-1) 1 11111 11 IIII 11 01111111 1111111111111H
(,) 01681048201100024220210219
I,Richard Hobernicht,Director of Assessment and
v Taxation and Ex-Officio County Clerk for Washington
RECORDING REQUESTED BY county,Oregon,do hanby certify that the within fs: •,r�i'
Instrument of writing was mall d re orded in the ;„
16. book of records of said cou ;
AND WHEN RECORDED MAIL TO:
t9 Richard Hobernicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
City Hall Records Department,
'47.3 City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Ci
SEND TAX STATEMENTS TO:
City Hall Records Department,
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
M
3
RECIPROCAL EASEMENT AGREEMENT FOR ACCESS
17)
This RECIPROCAL EMB 4 AGREEMENT FOR ACCESS (this "Agreement") is
entered into this IS day of U C.. O t /'t., 2010 by and among City of Tigard, a political
0 subdivision of the State of Oregon ("City"), Frontier Communications Northwest Inc., a
Washington corporation ("Frontier"), and William Y. Matsumoto and Nina K. Matsumoto,
formerly known as William Yoshio Kim and Nino Vo Kim (collectively, "Matsumoto").
Frontier, City and Matsumoto are sometimes individually referred to herein as a "Party" or
collectively as the"Parties").
J A. City is the owner of that certain real property located in the City of Tigard, County of
Washington, State of Oregon and more particularly described and depicted on the attached
Exhibit"A" (the"City Property").
B. Frontier is the owner of that certain real property located in the City of Tigard,County of
Washington, State of Oregon and more particularly described on the attached Exhibit"B" (the
"Frontier Property").
C. Matsumoto is the owner of that certain real property located in the City of Tigard, County
of Washington, State of Oregon and more particularly described on the attached Exhibit"C"
(the"Matsumoto Property"). The City Property,the Frontier Property,and the Matsumoto
Property are sometimes collectively referred to herein as the"Properties."
D. City is currently in the process of widening and constructing certain improvements to SW
Burnham Street, including a new median(collectively,the "Burnham Street Improvements").
The new median will prevent a left turn onto SW Burnham Street from the Frontier Property.
Frontier has agreed to cease using its two existing driveways on the Frontier Property,subject to
Page 1 of 11 36794.012 Doc 194152
the completion by City of a new driveway(the "New Driveway"),which chal l allow a left turn
onto SW Burnham Street from the Frontier Property, and the Burnham Street Improvements.
The New Driveway and the Burnham Street Improvements shall be collectively referred to as the
"Project."
E. As part of the Project,City will construct the New Driveway over a portion of land
depicted on Exhibit "D" attached hereto, comprised of three parcels: (i)a portion of the City
Property consisting of approximately 1,702 square feet, (ii)a portion of the Frontier Property
consisting of approximately 2,765 square feet,and(iii) a portion of the Matsumoto Property
consisting of approximately 265 square feet(collectively,the "Driveway Easement Parcel").
F. The Parties have determined that it is in their best interest to grant and establish
easements and rights of access for ingress and egress over the Driveway Easement Parcel, all on
the terms and conditions more fully set forth in this Agreement.
NOW,THEREFORE, for valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the Parties agree as follows:
1. Effective on the date the New Driveway is suitable for its intended purpose, City hereby
GRANTS to Frontier and Matsumoto and their respective successors and assigns non-exclusive
easements for pedestrian and vehicular access, ingress and egress over, along,across,in, into,
and on portions of the City Property located in the Driveway Easement Parcel(the "City
Driveway Easement"). City retains the right to make any use of the City Driveway Easement,
including,without limitation,the right to grant, assign or otherwise transfer any right-of-way or
other easement in,over,through or under all or any part of said property to third parties,
provided that such use does not unreasonably interfere with Frontier's and Matsumoto's
permitted use of the City Driveway Easement pursuant to this Agreement. City shall not erect,
nor permit to be erected,placed or constructed, any building or other structure which interferes
with vehicular or pedestrian traffic over the City Driveway Easement.
Effective on the date the New Driveway is suitable for its intended purpose,Frontier
hereby GRANTS to City and Matsumoto and their respective successors and assigns non-
exclusive easements for pedestrian and vehicular access, ingress and egress over, along, across,
in, into, and on portions of the Frontier Property located in the Driveway Easement Parcel(the
"Frontier Driveway Easement"). Frontier retains the right to make any use of the Frontier
Driveway Easement,including,without limitation,the right to grant, assign or otherwise transfer
any right-of-way or other easement in, over, through or under all or any part of said property to
third parties,provided that such use does not unreasonably interfere with City's and Matsumoto's
permitted use of the Frontier Driveway Easement pursuant to this Agreement. Frontier shall not
erect,nor permit to be erected,placed or constructed, any building or other structure which
interferes with vehicular or pedestrian traffic over the Frontier Driveway Easement.
Effective on the date the New Driveway is suitable for its intended purpose,Matsumoto
hereby GRANTS to City and Frontier and their respective successors and assigns non-exclusive
easements for pedestrian and vehicular access,ingress and egress over, along,across,in, into,
and on portions of the Matsumoto Property located in the Driveway Easement Parcel (the
Page 2 of 1 1 36794.012 Doe 194152
"Matsumoto Driveway Easement"). Matsumoto retains the right to make any use of the
Matsumoto Driveway Easement,including,without limitation,the right to grant,assign or
otherwise transfer any right-of-way or other easement in, over,through or under all or any part of
said property to third parties,provided that such use does not unreasonably interfere with City's
and Frontier's permitted use of the Matsumoto Driveway Easement pursuant to this Agreement.
Matsumoto shall not erect,nor permit to be erected,placed or constructed, any building or other
structure which interferes with vehicular or pedestrian traffic over the Matsumoto Driveway
Easement. Matsumoto shall obtain not later than fifteen(15)days following the full execution of
this Agreement, a non-disturbance agreement from its existing mortgagee(s), if any,of the
Matsumoto Property,for the benefit of City and Frontier.
City hereby represents and warrants to Frontier and Matsumoto and their respective
successors and assigns that a public right-of-way exists and shall continue to exist for pedestrian
and vehicular access,ingress and egress over, along, across,in,into, and on portions of the City
Property for as long as City owns the City Property,which right-of-way may be used by Frontier
and Matsumoto and their respective heirs, assigns, successors, encumbrancers,trust deed
holders,tenants, subtenants, licensees, respective business invitees, agents,contractors and
employees. As a clarification of the foregoing,this Agreement runs with the land as stated in
Section 7 below and will not be extinguished by a transfer of the City Property. City further
represents and warrants that the Parties will be able to make a left turn from the New Driveway
onto SW Burnham Street.
2. The Easements(as defined below) shall be deemed appurtenant to the parcels owned by
the respective grantees of said Easements and shall be for the use of each such grantee, its heirs,
assigns, successors, encumbrancers,trust deed holders,tenants, subtenants, licensees,respective
business invitees, agents, contractors and employees of each Party. The City Driveway
Easement,Frontier Driveway Easement, and Matsumoto Driveway Easement are hereinafter
collectively referred to as the "Easements." The Easements are illustrated on Exhibit"D"
attached hereto.
3. Each Party holds the other Parties,their officers,directors,agents, owners and
employees,free and harmless for,from and against any claim,demand,or liability for loss and
damage to property or injury or death to persons,theft,fire, collision,vandalism, or damage of
any kind arising out of or attributable to a Party's use of the property of the other Party and
arising from any act or omission,negligence or misconduct of the indemnifying party,its
employees,agents, owners, officers or directors. Notwithstanding the foregoing,each Party shall
be liable to the other Parties for any damage or injury caused by the willful misconduct or gross
negligence of itself;its agents and representatives or such as may be caused by its willful breach
of this Agreement. In connection with the foregoing,each Party hereto agrees that it shall,at its
own expense, at all times during the term of this Agreement,maintain a policy of insurance with
an insurance carrier authorized or permitted to do business in the State of Oregon,commercial
general liability insurance with a minimum combined single limit of$1,000,000 per occurrence
for bodily injury and property damage,including personal and advertising injury and$1,000,000
general aggregate;and including the other Parties as additional insureds as their interest may
appear. Said insurance policy shall contain a waiver of subrogation endorsement in favor of the
other Parties.
Page 3 of 11 36794.012 Doc 194152
'144.00, Nftiov
4. Frontier shall maintain and repair the New Driveway in accordance with commercially
reasonable standards. Frontier shall be responsible for ninety percent(90%) of the costs and
expenses associated with such maintenance and repair,while City and Matsumoto each agree to
reimburse Frontier an amount equal to five percent(5%)of the cost of such maintenance and
repair actually paid within thirty(30)days after receipt of an invoice including all reasonable
supporting documentation. In the event Frontier does not maintain or repair the New Driveway
in accordance with commercially reasonable standards, City or Matsumoto may repair the New
Driveway and the other Parties shall reimburse such Party that performs the work an their
proportionate share of the cost of maintenance or repair actually paid within thirty(30) days after
receipt of an invoice including all reasonable supporting documentation. Notwithstanding the
foregoing,no Party shall have any obligation to reimburse the other Parties for any repair costs
resulting from damage to the New Driveway caused by the negligent acts or omissions or
intentional misconduct of the one Party or its employees, officers,agents or contractors. In the
event the New Driveway is damaged by the negligent acts or omissions or intentional
misconduct of one Party,then the Party which caused such damage shall repair the New
Driveway at its sole cost and expense within thirty(30) days after the date of such damage. In
the event such Party does not repair the New Driveway within such thirty(30)day period,then
the other Parties may repair the New Driveway and the Party which caused the damage shall
reimburse to the other Parties, an amount equal to one hundred percent(100%)of the cost of
such repair actually paid within thirty(30)days after receipt of an invoice including all
reasonable supporting documentation.
5. No Party shall interfere with the other Parties'or any other legal occupant's access to, use
or quiet enjoyment of the other Parties'respective properties. Prior to carrying out(or allowing
any other third party to carry out)any repair activities related to the New Driveway,the Party
performing such activities shall provide advance notice to the other Parties of such Party's intent
to carry out such construction work,including the date,time and location in which such work
will take place. The other Parties shall have the right to monitor and inspect such work at their
own risk, and at their own cost and expense. The Party performing the repair activities shall
exercise all due care in carrying out any construction or maintenance work. The Party
performing the repair activities shall immediately take all necessary measures, at such Party's
sole cost and expense,to eliminate any interference caused by such Party of which such Party is
notified or is otherwise aware. No Party shall permit any claim,lien or other encumbrance
arising from activities performed pursuant to this Agreement to accrue against or attach to
another Party's property. If,however,any such lien does so attach,the Party permitting such
lien shall cause such lien to be released or bonded within forty-five(45)days after receiving
notice thereof.
6. No Party shall use, generate,manufacture,treat,handle,refine,produce,process, store,
discharge,release,dispose of,or allow to exist on,under,or about the Easements any flammable
explosives,radioactive materials, asbestos,organic compounds known as polychlorinated
biphenyls,chemicals known to cause cancer or reproductive toxicity,pollutants,contaminants,
hazardous wastes,toxic substances,or related materials, including but not limited to any
substances defined as, or included in,the definition of"hazardous substances," "hazardous
Page 4 of 11 36794.012 Doc 194152
wastes," "hazardous materials," or"toxic substances" under hazardous material laws
(collectively, "Hazardous Material")in violation of applicable laws.
7. All provisions of this Agreement, including the benefits and burdens,run with the land
and are binding upon,and inure to the benefit of the assigns, successors,tenants and personal
representatives of the parties hereto.
8. Time is expressly made the essence of this Agreement and each and every provision
hereof of which time of performance is a factor.
9. This Agreement constitutes the entire agreement between the Parties relating to the
Easements granted herein. Except for that certain Dedication and Driveway Agreement and
Escrow Instructions dated as of the date hereof between City and Frontier,any prior agreements,
promises,negotiations or representations not expressly set forth in this Agreement are of no
force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in
writing and signed by each Party or their successors or assigns.
10. If any one or more of the provisions of this Agreement is held by a court of competent
jurisdiction to be invalid,illegal or unenforceable in any respect,the validity, legality and
enforceability of the remaining provisions of this Agreement shall not be affected or impaired in
any way.
11. This Agreement, and any amendment or supplement to it,may be executed in
counterparts, and all counterparts together shall be construed as one document.
12. In addition to any other remedy provided by law, the Parties shall have the right,jointly
or severally,to enjoin the violation or threatened violation of any provision contained herein, and
in any action seeking the enforcement of any of the terms and provisions of this Agreement
and/or damages for its violation,the prevailing party in any such action shall be awarded,in
addition to damages, injunctive or other relief, its reasonable costs and expenses, and reasonable
attorneys fees incurred at trial and on appeal,petition and review. Nothing contained in this
Agreement shall affect the rights,if any,of the respective parties under Oregon law to terminate
or extinguish any or all of the Easements created by this Agreement based on equitable or legal
principles of abandonment or non-use of such Easements.
13. This Agreement shall be binding on and shall inure to the benefit or obligation of the
heirs, executors, administrators, successors and assigns of the Parties.
14. This Agreement shall not be deemed to confer any rights upon any individual or entity
which is not a party hereto,and the Parties hereto expressly disclaim any such third-party
benefit.
15. The language in all parts of this Agreement shall be construed under the laws of the State
of Oregon according to its normal and usual meaning and not strictly for or against any Party.
Page 5 of 11 36794.012 Doc 194152
16. The provisions of this Agreement are not intended to and do not constitute a dedication
for public use and the rights and easements herein created are private and for the benefit only of
the entities named hereinabove and their respective successors and assigns.
17. Whenever any Party hereto shall desire to give or serve upon the other any notice,
demand,request or other communication,each such notice, demand,request or other
communication shall be in writing, shall be given by personal delivery or by registered or
certified United States mail,return receipt requested,postage prepaid, addressed as follows:
To City: City of Tigard
Kim McMillan
13125 SW Hall Blvd
Tigard OR 97223
Fax: 503-624-0752
with a copy to : Tim Ramis
Jordan Schrader Ramis PC
Two Centerpointe Drive, 6th Fl.
Lake Oswego,OR 97035
Fax: (503) 598-7373
To Frontier: Frontier Communications Northwest Inc.
Three High Ridge Plaza
Stamford, CT 06905
Attn: Director,Facilities and Real Estate Services
Fax: (203) 614-4651
with copies to: Jones Lang LaSalle Americas Inc.
P.O.Box 619012
Dock E,MC FTDO1 C72
Irving, TX 75015
Attn: Kelley Stewart
kelley.r.stewart@ftr.com
To Matsumoto: William and Nina Matsumoto
1-7 i,2fi/iur'lg
licilv2D
50 6 '°/-/1.03
Any such notice, demand, request or other communication shall be deemed effective on
the day of actual delivery as shown by the addressee's return receipt. If the date on which any
notice to be given hereunder falls on a weekend or legal holiday then such date shall
automatically be extended to the next business day immediately following such weekend or
holiday. The foregoing addresses may be changed by notice given in accordance with this
Paragraph.
Page 6 of 11 36794.012 Doe 194152
.w✓
IN WITNESS WHEREOF,the Parties have signed and entered into this RECIPROCAL
EASEMENT AGREEMENT FOR ACCESS as of the date first above written.
CITY OF TIGARD,
a political subdivision of the State of Oregon
By• )16/1/0
Its: pn_.,..., m„4,,,
FRONTIER COMMUNICATIONS
NORTHWEST INC.,
a Washin ns'tor.tiorc'61 �//
By: _
Its: S vP S,l1/) j (' G)a, 4
` 9--- /1d.( FsT7r
mak�J/ , d
William Y. Mat-6 oto
Alr.., ,_ /(---/IC7t5
Nina K. Matsumoto
NOTARIZATION PAGES FOLLOW
Page 7 of 11 36794.012 Doc;194152
STATE OF 0ikt oAl )
ss.
COUNTY OF W/, ��/yi4 it )
On OC f ObelC i ' Dia before me, R. l7A l�2d,6; Quit€
personally appeared vYf 141 MXNA t&ijje , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
°1-::4-:".4#. OFFICIAL SEALUER
C'=� ' ? R DAVID FEINAUER
/(, PdWA/ 44/1114aall.
�F NOTARY PUBLIC-OREGON
{i-"' COMMISSION NO.418381 Notary Public
I MY COMMISSION EXPIRES JUNE 14.2011
(Seal)
Page 8 of 11 36794.012 Doc 194152
STATE OF Pl
) ss.
COUNTY OF �/V'/ J)/y1 /01? )
On 0 h,� 2o10 , before me, hi �E7/l
PAIiici ' 1z , '
personally appeared /4i t,L / /311,, 'tt , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
OFFICIAL SEAL WITNESS my hand and official seal.
cr, R DAVID FEINAUER
`'; NOTARY PUBLIC-OREGON
‘,4 COMMISSION NO.418381 OR/7/1&//iWI/A
MY COMMISSION! EXPIRES JUNE 14.2011
Notary Public
(Seal)
Page 9 of 11 36794.012 Doc 194152
STATE OF ORLGoN )
f 1 ) ss.
COUNTY OF 1,()6S11(/1j lb1\ )
On /O/2///p before me, i I • r
personally appeared K yy, rYie)y _ , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
9 •,, OFFICIAL SEAL
ff " )-: DIANE M JELDERKS
l) `; • NOTARY PUBUC.OREGON
1 COMMISSION NO.423523 ,, _ . '•� /L - �. �•�.•�
MY COMMISSION EXPIRES NOV.18,2011 Notary Public
(Seal)
Page 10 of 11 36794.012 Doc 194152
STATE OF C Cit`; )
) ss.
COUNTY OF t I •
On ceen J'x,( 1� 0% before me, 4_,L`L (1') • Lom /de, ,
personally appeared L. T('1 C L&(`'`� , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
CD1/3/ --���
Notary Public
(Seal)
/0/31 )(
i
•
Page 11 of 11 36794.012 Doc 194152
REA EXHIBITS A,B, C, and D(Attached)
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EXHIBIT A-- CITY PROPERTY
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EXHIBIT A
File 01113-1
25-1-D2AD-03451
Tigard Water District
4/21/2008
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Westerly Remnant of Tax Lot 03451
A parcel of land lying in the NE% of Section 2,Township 2 South, Range 1 West,W.M.,
Washington County, Oregon, and being a portion of that property described as Parcel lin
that Contract to Tigard Water District recorded as Microfilm Document No, 84-26846 of the
Washington County Book of Records; the said parcel being that portion of said property
described as follows:
Beginning at a point on the south line of said Parcel !,which point bears
South 88°09'25" East,a distance of 3.74 feet from the most southwesterly-corner of said
Parcel l; thence North 46°43'53" East, a distance of 55.23 feet to a point which is 37.50
feet right of Engineer's center litre Station 18+67.97 of relocated Burnham Street;thence
northwesterly and parallel with the center line of relocated Burnham Street, on the arc of a
• 312.50 foot radius non tangent curve right, through a central angle of 03°53'40", a distance
• of 21.24 feet(chord bears North 45°13'01"West, a distance of 21.24 feet); thence
continuing parallel with the center line of relocated Burnham Street, North 43°16'11"West,
• a distance of 37.50 feet to the west line of said Parcel 1;thence South 02°16'24"West, a
distance of 80.06 feet to the most southwesterly corner of said Parcel I; thence
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• South 88°09'25" East, a distance of 3.74 feet to the Point of Beginning.
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• The center line of relocated Burnham Street is described as follows:
• Beginning at Engineer's center line Station 1+00.00, said station being a distance of •
1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2,
Township 2 South, Range 1 West,W.M.; thence South-43'16'11" East, a distance of
1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central
• angle of 62°56'27", a distance of 302.09 feet(chord bears South 74°44'24" East, a
• distance of 287,13 feet); thence North 73°47'22" East, a'distance of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on the Oregon Coordinate System of 1983, north zone.
This parcel contains 1,755 square feet, more or less.,
EXHIBIT A
IMAGE t O• .
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EXB BrT"A" •
Easterly Remnant of Tax Lot'03451
A parcel of land lying in the NE%of Section 2,Township 2 South,Range 1 West,W.M.,
Washington County,Oregon,and being a portion of that property described as Parcel I In
that Contract to Tigard Water District recorded as Microfilm Document No.84-25548 of the
Washington County Book of Records;the said parcel being that portion of said property
described as follows: .
Beginning at a point on the south line of said Parcel I,which point bears
•
South 88°09'25"East,a distance of 3.74 feet from the most southwesterly corner of said
Parcel I;thence North 46°43'53"East,a distance of 55:23 feet to a point which is 37.60
feet right of Engineer's center line Station 18+67.97 of relocated Burnham Street;thence
southeasterly and parallel with the center line of relocated Burnham Street,on the arc of a
312.50 foot radius non tangent curve left,through a central angle of 12°38'08",a distance
of 68.92 feet(chord bears South 53°28'55"East,a distance of 68.78 feet)to the south line
of said Parcel l;thence North 88°09'25"West,a distance of 95.54 feet to the Point of
Beginning.
' The center line of relocated Burnham Street is described as follows:
Beginning at Engineer's center line Station 1+00.00,said station being a distance of
1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2,
Township 2 South,Range 1 West,W.M.;thence South 43°16'11"East,a distance of,
1749,28 feet;thence along the arc of a 275.00 foot radius curve left,through a central . .
angle of 62°56'27",a distance of 302.09 feet(chord bears South 74°44'24'East,a •
distance of 287.13 feet);thence North 73°47'22"East,a distance of 76.44feet to
Engineer's center line Station 22+27,81.
Bearings are based on the Oregon Coordinate System of 1983,north zone.
• This parcel contains 1,782 square feet,more or less. .
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• EXHIBIT,._ A .
PAGE_ ,OF
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ERBIT B--FRONTIER PROPERTY
'vow? ftoo.0
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EXHIBIT'It" •
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LEGAL D)SCR1PTION
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Beginning at a point in the centerline of County Road No.997 and on the Westerly line of the W.W.Graham
Donation Land Claim No.39 in Township 2 South,Range I West,of the Willamette Meridian,in the County
of Washington and State of Oregon,saidbeginuing point being the Northeast corner of 13URNHAM TRACT,
a duly recorded subdivision in Washington County,Oregon;running thence South 44°44'West along the
Westerly line of the Graham Claim 948.4 feet to an iron pipe;thence South 63°15'East 481.9 feet to an iron
pipe;thence South 57°07'East 30:9 feet to an iron pipe I inch in diameter on the Southerly line of that certain
8.89 acre.tract of land conveyed.to A.R.Prier by Deed as described on Page 693 in Book 229 of Washington
County,Oregon Deed Records;thence North 35°24'East 443.3 feet to an iron pipe on the East line of the said .
Prier Tract;thence North 2°26'East 476.1 feet to the Northeast corner of the said Prier Tract in the center of
said County Road No, 997;thence North 43°05'West 96,3 feet to the place of beginning.
EXCEPTING THEREFROM the following described tract:
Beginning at the point in the centerline of County Road No.997 and in the Westerly line of the W.W.Graham
Donation Land Claim No.39,said recorded subdivision in said county;running thence South 44°'14'West
along the Westerly line of said Graham Claim 799.4 feet to the true point of beginning;thence continuing
South 44°44'West along the West line of said Graham Claim a distance of 169.00 feet to an iron pipe;thence
South 63°15'East a distance of 481.90 feet to an iron pipe;thence South 57°07'East a distance of 30.9 feet to
an iron pipe 1 inch in diameter;thence North 34°24'East a distance of 138.00 feet along the Southeasterly line
of that tract of land conveyed in Volume 672,Page 400 Washington County Deed Records;thence South
71°26131"West a distance of 96,47 feet;thence North 63°15'West a distance of 360.00 feet;thence North
02°16'West a distance of 110.00 feet to the true point of beginning.
AND FURTBER EXCEPTING THEREFROM that portion dedicated for public road purposes by Dedication
recorded February 11, 1964,Book 506,Page 151. •
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'AGE w.l --
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EXHIBIT C-MATSUMOTO PROPERTY
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Nwiwoi
EXHIBIT C
LEGAL DESCRIPTION:
A tract of land situated in the East half of Section 2, Township 2 South, Range 1 West of
the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as
follows:
Beginning at a point North 02°26'East 182.70 feet from the Northwest corner of that tract
described in Deed recorded November 17, 1922 in Deed Book 125, Page 66, Washington
County Deed Records; thence South 88°01'East 105.62 feet to the Southwesterly line of
SW Burnham Road, County Road No. 997; thence South 43°05' East 28.32 feet to an
angle in County Road No. 997 Southerly Right of Way; thence South 88°01' East 74.12
feet along said Southerly right of way to a point; thence South 02°26' Westi 59.26 feet to
the North line of the South 5.01 acres as set forth in Book 125, Page 66, Deed Records;
thence North 89%0' West 200.00 feet to the West line as described in Book 125, Page 66;
thence North 02°26' East 182.70 feet to the point of beginning.
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EXHIBIT
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1 • - EXHIBIT"D"
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PROPOSED ACCESS EASEMENTS
own ACCESS EASEMENT 1
A • POP 'I.A AREA = 1,605 S.F. *
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• Warranty Deed—City of Tigard to Verizon EXHIBIT _. -_._ Page 6 of 6 -
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