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2011-059696 ~ 8764 & 8840 SW Burnham Street Wa' iton County,Oregon 2011-059696 rt4.4.0 08W2011 10:52:21 AM D-AE Cnt=1 Stn=9 D MOON $70.00$5.00$11.00$15.00-Total=$101.00 01625779201100596960140142 AFTER RECORDING RETURN TO: I,Richard Hobernlcht,Director of Assessment and a.a 7i Taxation and Ex•Officlo County Clerk for Washington •City Hall Records Department `, County,Oregon,do hereby certify the within !i,'. Instrument of writingwas received e d re orded in the ,.«.. City of Tigard book of records of said coin � G fir , Richard Hobernlcht,Director of Assessment and `rc.y:0- 13125 SW Hall Blvd Taxation,Ex•Officlo County Clerk Tigard OR 97223 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENT TO: City Hall Records Department City of Tigard 13125 SW Hall Blvd Tigard OR 97223 This space is reserved for recorder's use. AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS This AMENDMENT TO RECIPROCAL EASEMEN AGREEMENT FOR ACCESS (this"Amendment") is entered into this o�I sr day of I,.J� , 2011 by and among City of Tigard, a political subdivision of the State of regor "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"). A. The Parties entered into that certain Reciprocal Easement Agreement for Access dated October 18, 2010 and recorded in the real property records of Washington County, Oregon on January 7,2011 as document number 2011-002422 (the"REA"). B. On the date hereof, City conveyed 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") to Matsumoto. In consideration for such conveyance, Matsumoto and Frontier agree to allow City to retain the easement rights granted pursuant to the REA, as if City retained the City Property. C. 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"). D. Matsumoto is also 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 Page 1 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS soor4.39341?63O73 r.rxx ,4fff42.S rI 04,0 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." E. The Parties have determined that it is in their best interest to allow City to retain the easement rights granted pursuant to the REA, all on the terms and conditions more fully set forth in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. City Retention of Easement Rights. Notwithstanding the conveyance of the City Property to Matsumoto, City shall retain the easement and access rights granted pursuant to the REA. City shall also continue to be responsible for its portion of maintenance costs pursuant to Section 4 of the REA. 2. Continuing Effect. All covenants, agreements, terms and conditions of the REA remain in full force and effect, as modified by this Amendment, as though restated in their entirety herein. 3. Conflict Between Terms. In the event of any conflict between the provisions of this Amendment and the REA,the provisions of this Amendment shall control. [Signatures Follow] Page 2 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 50011-39341 263073 1 DO( AM14 28 2011 kftiwo IN WITNESS WHEREOF,the Parties have signed and entered into this Amendment as of the date first above written. CITY OF TIGARD, a politica ub.i -•• of the State of Oregon BY: .c._ < <✓� Its: _ _ FRONTIER COMMUNICATIONS NORTHWEST INC., A Washington corporation Its: 0, (`2 6 )!- /L: William Y. Mats to Nina K. Matsumoto [Notarization Pages Follow] Page 3 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 5001.1-393.11 263073 I DO( 4A/.I J 29 2011 STATE OF ) ss. County of ) On (v/3o/% , before me, 7Dtapte. fl) . ideKk personally appeared enak.c4P(o Sse.v— , who proved to me on the basis of satisfactory evidence to be theerson(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. Notary Public (Seal) ) OFFICIAL SEAL O DIANE M JELDERKS (�' r NOTARY PUBUC-OREGON ) ' COMMISSION NO.423523 MY COMMISSION EXPIRES NOV.18,2011 Page 4 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 5001,-39341 263073 1.1)0C.AM1-7.2020/1 y.r► STATE OF( ( ec-1Lt ss. County of ) On (II a , before me, L/c.5c,. !7. '._C)(?I/X{[do, personally appeared U L/- ( dc. , who proved to me on the basis of satisfactory evidence to be the persons'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 ..;jet.„,,ekt) y.,2 Notary Public (Seal) 10/3 /I Page 5 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 50011-39311263073 1./_)OCAMJ1:282011 STATE OF Orecior) ) ) ss. County of 1.0441(115tc'rt ) On , before me, DIA4e rn•le ery personally appeared MAI10.1-340101-0 , 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. li4 // • • Notary Public (Seal) ' OFFICIAL SEAL(/) ,.7n.,. DIANE M JELDERKS ) ()() \ v NOTARY PUBUC-OREGON 1 1 MY COMMISSION EXPIRES N NOV.18,2011 Page 4 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 50014-3931/263073 1.noc'AM!4 28 20/1 STATE OF VreGt 0 Y ) ) ss. County of J1)11c'h i11,10 n ) On 710t//I , before me, 73 f Gtrl.e_ aaeid ey-6 personally appeared /Ut yteL i j1i -(3,4_, ok, , 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. )14 , 4/ .lam Notary Public (Seal) O o�ciai.s� )� ()� NO E:S A PUREg C-0REGON 011 r M1'MMISC O SSI N N0.423523 Page 7 AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS 50011-39311 263073 1 1)(X AV1J 1282011 EXH1B1 r A Pile 01181 28-1-02AD-D3451 Tigard Water District 4/21/2008 Westerly Remnant of Tax Lot 03451 A parcel of Tend lying in the NE'l of Section 2,Township 2 South,Range 1 West,W.M., Washington County, Oregon, and being a portion of that property described as Parcel tin that Contract to Tigard Water©istriot recorded as Microfilm Document No. 84-25848 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 southwesterlyeorner of said Parcel i;thence North 48°43'53"East,a distance of 55.23 fest to a point which is 37.50 feet right of Engineer's center lute 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°63'40",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°16'19"West, a distance of 37.50 feet to the west litre of said Parcel l;thence South 02°16'24"West,a distance of 80.06 feet to the most southwesterly corner of said Parcel I; thence South 88°09'25"East,a distance of 3.74 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 Soi th-43°16'41"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°44124"East,a distance of 287,13 feet);thence North 73°47'2Z'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.. EXHIBITA PAGE, ( OF BM:MT"A." Easterly Remnant of Tax Lot 33451 A parcel of land lying In the NE14 of Seotton 2,Township 2 South,Rangel 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 Nifcrofitm Document No.84-25646 of the Wash;ngtoriCotmty Book of Recorde;the said parcel being that portion of said property described as follows: Beginning at a point on the south Tine of said Parcel t,which point bears South 88°0925"East,a distance of 3.74 feet from the most southwesterly corner of said Parcel];thence North 40°43'53'East,a distance of 55:23 feet to a polntwhich is 37.60 feet right of Engineer's center ane Station 18-x87.97 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 0.8.92 feet(chord bears South 63°26'55"East,a distance of 68.78 feet)to the south line of said Parcel 1;thence North 88°09'25'West,a distance of 95.54 feet to the Point of Beginnl'ng. 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,Rangel West,W.M.;thence South 439811"East,a distance of, 1749.28 feet;thence along the arc of a 270.00 foot radius curve left,through a central angle of 82056127",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 tine Station 22+27.81. Bearings are based on the Oregon Coordinate System of 1983,north zone. • This parcel contains 1,782 square feet,mare,or less. EXHIBIT A�.., two EXHIBIT"B" • LEGAL D ectur 1QN Beginning at a point in the centerline of County Road No.997 and on the Westerly line of the W.W.GrammM Donation Laad Claim No.39 in Township 2 South,Range 1 West of the Willamette Mmidian,in the Caunty of Washington and State of Oregon,saidbe ginningpoint being the Northeast corner of BURIIHAM TRACT, a duly recorded subdivision in Washington County,Oregon;running thence South 44M4'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 acrei 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 desaaid 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 963 feet to the place of beginning. EXCEPTING TBERBl RROM 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 remitted subdivision in said county;miming thence South 44°41?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 Claimi a ice 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 57007'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 Soutbeasteal}i line of that tract of land conveyed in Whim 672,Page 400 Washington County Deed Records;thence South 71°26'31°West x distance of 96,47 feet;thence North 63°15'West a distance of 360.00 fee4 thence North 02°16'West a distance of 110.00 feet to the tree point of beginning. AND FORilit3R.EXCEPTING THEREFROM that portion dedicated forpublio road purposes by Dedication recorded February 11,1964,Book 506,Page 151. EXHIBIT ; PAGE, t OP f toe EXHIBIT C LEGAL DESCRIPTION: A tract of land situated in the East half of Section 2,Township 2 South,Range I 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 8 '01' East 74.12 feet along said Southerly right of way to a point; thence South 02°26' Westl59.26 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. EXHIBIT PAGE.�,...QF..�.....,. , EXHIBIT D PARKING AREA PLAN EXHIBIT D 7., /r4: EXHIBIT E w+ RIGHT-OF-WAY VACATION FOR SW BURNHAM STREET A tract of land situated in the east one 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: Commencing at the Northwest corner of the tract of land described in Book 125 Page 66 of the Washington County Deed Records; Thence N 02° 14'22"E a distance of 182.70 feet to a 5/8"Iron Rod as set in Survey No. 13665 of the Washington County Survey Records; Thence S 88° 09'22"E a distance of 105.62 to the southwesterly Right-of-Way of County Road 997,SW Burnham Street; Thence S 43° 16' 11"E, along said southwesterly Right-of-Way, a distance of 28.32 feet to the angle point in said southwesterly right-of-Way and The True Point of Beginning; Thence S 88° 09'22"E, along the southerly Right of Way,a distance of 18.84 feet to a point of the southerly right of way of SW Burnham Street 37.50 feet southerly of the center line as shown in Survey No. 31307 of the Washington county Survey Records and a point on a non-tangent curve to the left; Thence along said curve to the left with a radius of 312.50 feet, a central angle of 06° 23' 17" (a chord which bears N 65° 42'35"W, 34.82 feet) and a length of 34.84 feet to a point of the southwesterly line of County Road 997; Thence S 43° 16' 11"E, along said southwesterly line, a distance of 18.74 feet to the true point of beginning. Containing 114 square feet. EXHIBIT E Page 1 of 2 / \ v6 \ '!, Tfl \6>2.401 ��j N--,,,,N., ,- _., . .______.) X11,. _ _ ,........,„ ,.,.______ .._______ „ . -2*/„.., , . . 1 ..,. _ .... ,.., _ _ AREA TO BE VACATED \ 774 SQUARE FEET \ — 1 \ \ 1 { ( d _ — _ _ ___ Re�sions and Addendums - Oescnplion Date Flo By�, . B M RO EMENTST SHEET CAPITAL CONSTRUCTION AND I-- TRANSPORTATION DIVISION I _ _ ___._ 13725 S.W.LW.L BLVD. _.. _ f i- FIGARO OREGON 87123 tam 52 R_ -^ = TIGARD » 71 RIGHT-OF-WAY VACATION i of 'DESIGN: DRAWN CHECK: PROJECT NO: i I EXHIBIT E Page 2 of 2