94-072847 ~ Benchview Street ~ 121st Avenue •
POW
94072847
Washington Coun
Page 1 of
}STATE OF OREGON
SS
County of Washington
I, Jerry Hanson. Rirectot of Assess-
ment and. titin,ted..Ex Offi io County
Clerk for said count+i do hereby certify that
the within instrurned of vias°received
and redordsd in;b k of records of said
county
Itootoy
Jer R: Hanson; Director of
Assessment an
t Taxation, Ex-
Officio county Clerk
94
RUG -5 PP! 3: 10
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After Recording Return Copy of Recorded Document to:
City Recorder, City of Tigard
13125 SW Hall Blvd, Tigard, OR 97223
File No.J(,(B 9/-00o/
ACCESS EASEMENT
CASCADE COMMUNITIES, INC. , an Oregon Corporation
( "Cascade" ) , hereby grants and conveys to the City of Tigard
("City" ) an ACCESS EASEMENT across parcel of land Southeast
Quarter of Section 4, Township 2 South, Range 1 West, Willamette
Meridian, and which is specifically described in Exhibit "A"
attached.
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.
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 intent of
easement .
RECITALS
WHEREAS, Cascade is the owner of a parcel of land located in
the Southeast Quarter of Section 4, Township 2 South, Range 1
West, Willamette Meridian, which is situated adjacent to Mountain
Highlands Phase 1 Subdivision, and which is described
specifically in Exhibit "A" attached hereto, and
WHEREAS, Cascade is the developer of Mountain Highlands
Phase 1 Subdivision which includes storm water quality
facilities, sanitary sewers, and public trails to be deeded to
the City, and
WHEREAS, vehicular and equipment access to such public
facilities is most feasible across Cascade' s property which is
described in Exhibit "A" .
WHEREAS, at a future date, Cascade intends to develop the
parcel described in Exhibit "A" as Phase 2 of Mountain Highlands
Subdivision, and
WHEREAS, in order to provide for access to certain public
facilities to be located within Mountain Highlands Phase 1
Subdivision, Cascade is willing to grant City an easement;
Page 1. Access Easement Agreement
NOW THEREFORE, it is mutually agreed as follows :
1 . Cascade hereby grants and conveys to City, a non-
exclusive easement for access road purposes and for ingress and
egress of over and across Cascade' s property as described in
Exhibit "A" .
2 . Cascade agrees to construct and maintain an access
road, as shown on the approved construction plans for Mountain
Highlands Phase 1, from the east temporary terminus of SW
MorningStar Drive across said easement area to Tract "A " of
Mountain Highland Phase 1 subdivision and to those other City
utility easements which are shown on the Final Plat for Mountain
Highlands Phase 1 Subdivision which lie within the parcel
described in Exhibit "A" .
3 . This access easement shall terminate upon recordation
of Final Plat for Mountain Highlands Phase 2 subdivision, such
plat to provide for a permanent access easement from future
public street rights-of-way.
IN WITNESS WHEREOF, I hereunto set my hand on this the Lr
day of July, 1994 .
CASCADE COMMUNITIES, INC.
700 N. Hayden Island Drive, Suite 340
Portland, OR 97217
By:
Title : President
Dated: 7/ / )' 4—
STATE OF OREGON,
��s/t to y�,-� ) s s .
County of �4t�3- e#�a )
The foregoing instrument was acknowledged before me this / T ?
day of July 1994 by CnA-[4,=Le=�/ as President
of Cascade Communities, Inc . , an Oregon corporation, onn� behalf of
the corporation. ���� �L�'�,-k__
1 . DIANE M Alm 1i
NOTARYPUBuC•OREGON fj Notary Public for Oregon
`0, cap O C r4a. .977 ( My Commission expires q� S—`
p u omMIS,ION.EXP;RES SEM' 7, 39269
Accepted on behalf of the City of Tigard this /� day of
July 1994 .
aLr-14/G0
NO CHANGE IN TAX STATEMENT
City Engineer
Page 2. Access Easement Agreement
3
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Ye) t37.1
LEGAL DESCRIPTION FOR TRACT "B" OF MOUNTAIN HIGHLANDS
BEING A TRACT OF LAND IN THE SOUTHEAST ONE-QUARTER OF SECTION 4,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INITIAL POINT OF THE PLAT OF "MORNINGSTAR" A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP MARKED "G&L PLS 1989" SAID ROD BEING
N 88°13'49" W, 1318.13 FEET AND N 02°08'25" E, 1312.08 FEET FROM A 3-1/4"
ALUMINUM DISK MARKING THE SOUTHEAST CORNER OF SAID SECTION 4, SAID
ROD ALSO MARKING THE NORTHWEST CORNER OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE - QUARTER OF SAID 4; THENCE S 88°29'21"
ALONG THE NORTH LINE OF "MOUNTAIN HIGHLANDS" 147.63 FEET TO 5/8" IRON
ROD WITH YELLOW PLASTIC CAP MARKED "G&L PLS 1989" ALSO BEING THE
POINT OF BEGINNING; THENCE ALONG THE EASTERLY AND SOUTHERLY
BOUNDARY OF SAID PLAT, THE FOLLOWING COURSES:
S 05°38'23" E, 152.42 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G & L PLS 1989" AT THE BEGINNING OF A 225.00 FOOT RADIUS CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF 02°28'13";
AND ALONG THE ARC OF SAID CURVE TO THE RIGHT (THE LONG CHORD OF
WHICH BEARS S 89°37'24" E,9.70 FEET) 9.70 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989";
S 88°23'18" E, 7.87 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 01°36'42" W, 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989" AT THE BEGINNING OF A 22.00 FOOT RADIUS CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 114°29'16";
AND ALONG THE ARC OF SAID CURVE TO THE LEFT (THE LONG CHORD OF
WHICH BEARS S 34°22'04" W, 37.00 FEET) 43.96 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989", AT THE BEGINNING OF A 225.00
FOOT RADIUS CURVE RIGHT HAVING A CENTRAL ANGLE OF 12°40'26";
AND ALONG THE ARC OF SAID CURVE TO THE RIGHT (THE LONG CHORD OF
WHICH BEARS S 16°32'21" E, 49.67 FEET) 49.77 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989";
S 10°12'08" E, 25.69 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
N 81°42'06" E, 73.48 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
!L
Pte_ i a-r 3
S 47°28'44" E, 42.35 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 22°18'47" E, 124.61 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 07°45'01" E, 77.17 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 75°51'19" W, 110.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 16°04'09" E, 79.39 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989" AT THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO
THE RIGHT HAVING A CENTRAL ANGLE OF 94°24'39";
AND ALONG THE ARC OF SAID CURVE TO THE RIGHT (THE LONG CHORD OF
WHICH BEARS S 31°08'11" W, 73.38 FEET) 82.39 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989";
S 15°21'44" E, 101.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
S 76°29'03" W, 194.16 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
N 87°50'52" W ALONG A RADIAL BEARING 66.62 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989" SAID ROD BEING ON THE EAST
BOUNDARY OF "MORNINGSTAR", AT THE BEGINNING OF A 2530.00 FOOT RADIUS
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 03°31'20";
AND ALONG THE ARC OF SAID CURVE TO THE LEFT (THE LONG CHORD OF
WHICH BEARS S 00°23'27" W, 155.51) 155.53 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP MARKED "G&L PLS 1989";
N 88°13'49" W, 22.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP
MARKED "G&L PLS 1989";
THENCE LEAVING SAID BOUNDARY, S 02°08'25" W, 330.44 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP MARKED "G&L PLS 1989", AT THE SOUTHWEST
CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 4, S 88°13'49" E, 774.40 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP MARKED "G&L PLS 1989";
THENCE N 05°48'15" W, 590.32 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC
CAP MARKED "G&L PLS 1989";
THENCE N 03°26'31" E, 319.18 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC
CAP MARKED "G&L PLS 1989";
THENCE N 31°48'37" W, 426.23 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC
CAP MARKED "G&L PLS 1989";
THENCE N 02°08'25" E, 54.83 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC
CAP MARKED "G&L PLS 1989" A POINT ON THE NORTH LINE OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4;
THENCE ALONG THE NORTH LINE N 88°29'21" W, 314.40 FEET TO THE POINT OF
BEGINNING.
CONTAINING 15.62 ACRES MORE OF LESS
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