95-015055 ~ Cascade Boulevard . ni y TE OF OREGON ' - -l—.
,,y2i County of Washington 1 SS
I, Jerry a''Manson. Director of Assess-
ment and Taxation and 'Ex-Officio County
Clerk for-said coca*.do hereby certify that
the within instrunof writing was received
and recorded.; of-records of said
county: '-, .c
-,•4.-7.,,t._t`Mfj
`A ,tgerry'R. Hansot Director of
sessrnent`and Taxation,Ex-
D9Unty Clerk
Doc : 95015055
Rect: 139429 133. 00
03/07/1995 03: 54: 26PM
j - 2Z
e
(1(',?
RECORDING COVER SHEET
'U
imum 1. Name of Transaction: EASEMENT AGREEMENT
p-.
CC
2. Names of Parties: WINMAR PACIFIC, INC. , a Washington
corporation
CO and
12
THOMAS J. HOLCE
3. After Recording,
Return to: Neale E. Creamer
TOOZE SHENKER DUDEN
CREAMER FRANK & HUTCHISON
333 S.W. Taylor
Portland, Oregon 97204
n
4. True Consideration: $15,000.00
5. Send Future Tax
Statements to: No Change, send statements to the
current addresses of record
AFTER RECORDING, iturimB TO:
Wismar Pacific, Inc.
700 Fifth Avenue, Suite 2600
Seattle, WA 98104-5026
Attn: Colleen M. Broaddus
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made this 2c* day of
December, 1994, by and between WINMAR PACIFIC, INC. , a Washington
corporation ("Winmar") , and THOMAS J. HOLCE, a married person
("Holce") .
RECITAL:
A. Winmar owns certain real property located in Washington
County, Oregon, and more particularly described on EXHIBIT A
attached hereto and incorporated herein by reference ("Winmar's
Property") .
B. Holce owns certain real property located in Washington
County, Oregon, which is adjacent to Winmar's Property and is more
particularly described on EXHIBIT B attached hereto and
incorporated herein by reference ("Holce's Property") .
C. The parties desire to enter into an agreement to provide
for the placement and maintenance of a roadway on that portion of
Winmar's Property and that portion of Holce's Property described on
EXHIBIT C attached hereto and incorporated herein by reference (the
"Road Parcel") and create an easement to benefit Winmar's Property
on that portion of Holce's Property described on EXHIBIT D attached
hereto and incorporated herein by reference (the "Winmar Easement")
and easements to benefit Holce's Property on that portion of
Winmar's Property described on EXHIBIT E attached hereto and
incorporated herein by reference (the "Holce Easement") .
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT:
1. Grant of Easements.
(a) Holce does hereby grant, bargain, sell and convey unto
Winmar for the benefit of Winmar's Property a perpetual,
nonexclusive easement over, along, across, in, under and through
the Winmar Easement for the sole purposes of (i) access, ingress
and egress, both pedestrian and vehicular, by Winmar, its officers,
agents, employees, representatives, licensees, invitees and
Nolce2.Eas 1/9/95 -1 /5
-
designees; (ii) the placement, installation, inspection,
construction, operation, maintenance, removal, repair, alteration,
and replacement of a driveway or roadway, together with grading,
slopes, landscaping, and the like ("Road") ; and (iii) the
placement, installation, inspection, construction, operation,
maintenance, removal, repair, alteration, and replacement of
underground utilities and related underground fixtures,
appurtenances and equipment, including, without limitation, the
following underground utilities: water, storm sewer, drainage
lines or courses, sanitary sewer, gas, electric and telephone
lines, pipes, conduit, and other facilities ("Utilities") ; provided
that Winmar shall have no obligation to construct, install or
maintain a Road or Utilities and provided further that, subject to
the other provisions of this Agreement, Winmar may use the Winmar
Easement for the foregoing purposes as necessary to serve solely
Winmar's Property as it is now developed or as it may be developed
in the future.
(b) Winmar does hereby remise, release and quitclaim unto
Holce for the benefit of Holce's Property perpetual, nonexclusive
easements (i) over, along, across, in, under and through the Holce
Easement, for the sole purposes of access, ingress and egress, both
pedestrian and vehicular, by Holce, its officers, agents,
employees, representatives, licensees, invitees and designees; (ii)
over, along, actoss, in, under and through that portion of the Road
Parcel that is owned by Winmar, for the sole purposes of the
placement, insta]1_ttion, inspection, construction, operation
maintenance, re-.,oval, repair, alteration, and replacement of a Road
and Utilities; and (iii) over, along, across, in, under and through
that portion of the Holce Easement other than the Road Parcel, for
the sole purpose of the placement, installation, inspection,
construction, striping, use, and removal of parking spaces, which
spaces shall be placed only in such locations as may be approved in
writing in advance by Winmar, which approval shall not be
unreasonably withheld ("Parking Spaces") ; provided that Holce shall
have no obligation to construct or install the Parking Spaces or
Utilities and provided further that, subject to Winmar's approval
rights with respect to the location of the Parking Spaces and the
other provisions of this Agreement, Holce may use such easements
for the foregoing purposes as necessary to serve solely Holce's
Property as it is now developed or as it may be developed in the
future. On or before 120 days after the last party's execution of
this Agreement, Holce shall install a paved and striped Road on the
Road Parcel in accordance with plans and specifications therefor
which have been approved in advance by Winmar, which approval shall
not be unreasonably withheld. Thereafter, Holce shall maintain,
repair, restripe and replace the Road as necessary to keep it in
good order and condition at all times.
Holce2.Eas 1/9/95 -2-
2. Notice of Intent to Perform Work. Each party shall
exercise its rights under this Agreement to place, install,
construct, maintain, remove, repair, alter and replace
(collectively, "Work") the Road, Utilities, and Parking Spaces, as
the case may be, at reasonable times, shall exert reasonable
efforts to minimize any interference with the other party's use of
the property upon which such Work is being performed, and shall
give the other party no less than ten (10) days' notice of intent
to perform Work on the Road Parcel or on any property owned by the
other party.
3. Compensation to Winmar; Costs. In consideration of the
conveyance of the Winmar Easement by Winmar to Holce,
simultaneously with the execution of this Agreement, Holce shall
pay Winmar the sum of Fifteen Thousand Dollars ($15, 000) in cash or
immediately available funds. Holce shall also pay all transfer or
excise taxes, recording fees for recording this Agreement and all
other costs associated with this Agreement.
4. Repairs and Restoration. Each party hereby agrees to
repair any damage to the other party's property or the Road Parcel
or any improvements thereon resulting from the exercise of such
party's rights granted herein and completely restore any pavement
or other improvements on the other party's property or the other
party's easement parcel to their condition immediately prior to
each exercise of such party's rights granted herein, except that
other than for damage (eyclucaing ordinary wear and tear) caused by
any negligence or intent= onal acts by Winmar using the Road Parcel
as set forth in Sectia.n 1(a) above, nothing herein shall modify
Holce's sole obligation to construct and maintain a Road on the
Road Parcel as set forth in Section 1(b) above; provided, however,
that nothing in this Section 4 shall preclude Holce from any remedy
Holce might have against someone other than Winmar for causing
damage (other than ordinary wear and tear) to the Road Parcel.
5. Road Parcel Use Limitations; Compatible Uses. From and
after the date of the last party's execution of this Agreement,
neither party hereto shall use the Road Parcel for parking purposes
or for any purpose other than a Road and Utilities. Subject to the
foregoing, each party reserves the right to engage in any use
compatible with the full enjoyment of the other party's rights
granted herein, including the right to grant other easements.
6. Indemnity. Each party agrees to indemnify, defend, and
save the other party harmless from and against any and all claims
for damages suffered, and any other loss, cost, or other expense
(including, without limitation, reasonable attorneys' fees)
incurred by the other party, or any claim, demand or action
asserted against the other party, arising out of the indemnifying
party's exercise of the rights granted herein or any breach of this
Agreement by the indemnifying party.
Holce2.Eas 1/9/95 -3-
7. Successors. The rights herein granted and the duties
hereby agreed to shall run with Winmar's Property and Holce's
Property and shall inure to the benefit of and be binding upon the
parties' respective successors and assigns.
8. Breach. In the event either party breaches or fails to
perform or observe any of the terms and conditions herein, and
fails to cure such breach or default within ninety (90) days of the
date the other party gives the breaching party written notice
thereof, or, if the breach or default is not susceptible of cure
within ninety (90) days, to commence to cure within such period and
thereafter diligently proceed to complete such cure, then the
nonbreaching party may cure the breach of the breaching party under
this Agreement at the breaching party's expense, and upon demand by
the nonbreaching party, the breaching party shall pay all of the
expenses incurred by the nonbreaching party in curing such breach.
Such right shall be in addition to and not in limitation of any
other remedy of the nonbreaching party at law or in equity, and the
failure of the nonbreaching party to exercise such right at any
time shall not waive the nonbreaching party's right to terminate
for any future breach or default.
9. Release of Obligations on Termination. No termination of
this Agreement shall release either party from any liability or
obligation with respect to any matter occurring prior to such
termination.
10. Title. The rights granted )•1 Winmar and Holce herein are
subject to the matters described r..i EXHIBITS F and G, respectively.
Within ten (10) days of the last party's execution of this
Agreement, Holce shall obtain and cause to be delivered to Winmar
a preliminary title report covering the Holce Easement and Winmar
Easement (the "Preliminary Report") . Each party shall have ten
(10) days after receipt of the Preliminary Report to object (by
written notice to the other party) to the state of the title of the
Easement for its own benefit (the "Objecting Party") . If the other
party cannot cure the defect in title raised by the Objecting Party
within ten (10) days of such written notice, then this Agreement
shall be of no further force and effect unless the Objecting Party
waives its objections in writing. The cost of title insurance for
each Easement shall be paid by the party being insured. Neither
party shall record this Agreement until after the time for
objection has passed or if an objection is made the defect is cured
or waived, and upon such event EXHIBITS F and G shall be completed
based upon the information disclosed in the Preliminary Report and
shall be attached to the Agreement and initialed by both parties
prior to recording.
Holce2.Eas 1/9/95 -4- 60
11. Notices. Notices required to be in writing under this
Agreement shall be given as follows:
If to Winmar: Winmar Pacific, Inc.
700 Fifth Avenue, Suite 2600
Seattle, WA 98104-5026
Attn: President
If to Holce: Thomas J. Holce
610 Esther Street, Suite 1000
Vancouver, WA 98660
Notices shall be deemed effective, if mailed, upon the second day
following deposit thereof in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or
upon delivery thereof if otherwise given. Either party may change
the address to which notices may be given by giving notice as above
provided.
12. Termination of Paving Agreement. The parties hereby
terminate that certain Agreement for Paving between William Wright
and Robert E. Farrell dba Far-Wright Co. , Holce's predecessor in
interest, and William R. Robinson, Constance A. Robinson, Chester
L. Robinson, and Evelyn Z. Robinson, Winmar's predecessor in
interest, which Agreement was recorded as Document No. 7421 in Book
905, pages 220-224, in the real property records of Washington
County, Oregon.
WINMAR:
WINMAR PACIFIC, INC.
r.
By: L.
Its: ,- a,. -
By: t i
Its: art 2 ,r' 0 v _1172' 0
j iOLCE• /
,.
T as J. Ho a,
Nolce2.Eas 1/9/95 -5- 1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
DD(E C.- f{-E/4l7Riissa 3 and `:,,ZiwJ)y 47-E. are the
persons who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were
authorized to execute.,the instrument and acknowledged it as the
"Fr es-IDE.AiT
andn,EcTb2 61- i)9 M, tf7 , respectively, of
WINMAR PACIFIC, INC. to be the free and voluntary act of such party
for the uses and •oses mentioned in the instrument.
IP
Dated: Ag' � a'� r
\A_�QNE 8C�'e./((%h�� ,�
' �(9 .iPrint Name: ANt /"3O OC-c-1
i NOTARY PUBLIC and for t State`
i 0 of Washington, esiding at ,..e-if.My commission expires:, Uoo,i y
0.1501,4-..ao..v-Ss
STATE OF (l. SI4//v c T - )
ss.
COUNTY OF (t L14,-2t( )
I certify that I know or have satisfactory evidence that
Thomas J. Holce is the person who appeared before me, and said
person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged
it to be his free and voluntary act for the uses and purposes
mentioned in the instrument.
Dated: ,;390_,,,A,_-6._-1, , 1
KAREN M. MARKLE
NOTARY PUBLIC
STATE OF WASHINGTON
C� ''`-�) �/ �` ��
Prin Name: K/�1?�i�! l-1 -%itr'�'L c
NOTARY PUBLIC in and for the State
COMMISSION EXPIRES of(, ihit{iNL-r'=ti , residing at vAi iC,�vc=.._
OCTOBER 19, 1998 My commission expires: /4 -/,i-,-;3'
Holce2.Eas 1/9/95 -6- 8
PACIFIC
P.O. Box 80040
Portland.OR 97280
"EXHIBIT A"
A PARCEL OF LAND LYING IN THE NORTHWEST ONE—QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING THAT
PROPERTY DESCRIBED IN THE DEED TO WINMAR PACIFIC, INC. , RECORDED AS
RECORDER'S FEE NO. 79-021430 FILM RECORDS OF WASHINGTON COUNTY,
OREGON.
4-262-2$O1\T320002.1B0
t501626.0455 Fax 15011 526.0775 Plannine•Eneineerine•Survevine•Landscape Architecture•Environmental Services
I PACIFIC
P.O. Box 80040
Portland,OR 97280
"EXHIBIT B"
A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER OF SECTION
35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING
THAT PROPERTY DESCRIBED IN THE DEED TO THOMAS J. HOLCE, RECORDED
AS RECORDER'S FEE NO. 93-026084 FILM RECORDS OF WASHINGTON
COUNTY, OREGON.
4-262.2$0117330004.L80 [()
I PACIFIC
8405 S.W.Nimbus Avenue
Beaverton,OR 97008-7120
"EXHIBIT C"
EASEMENT DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST ONE—QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING A
PORTION OF THAT PROPERTY DESCRIBED IN THE DEED TO THOMAS J. HOLCE,
RECORDED AS RECORDERS FEE NO. 93-026084 FILM RECORDS OF WASHINGTON
COUNTY, OREGON; ALONG WITH A PORTION OF THAT PROPERTY DESCRIBED IN
THE DEED TO WINMAR PACIFIC, INC. , RECORDED AS RECORDERS FEE NO. 79-
021430 FILM RECORDS OF WASHINGTON COUNTY, OREGON; THE SAID PARCEL
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE D.C. GRAHAM DONATION LAND
CLAIM NO. 52; THENCE NORTH 04°43'39" EAST, 1076.79 FEET TO A POINT
ON THE LINE BETWEEN SAID PROPERTIES, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE SOUTH 04°37'40" WEST, 22.00 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID WINMAR PACIFIC, INC. PROPERTY;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 85°22'20" WEST, 161.86 FEET
TO AN ANGLE POINT, SAID POINT IS 12.00 FEET, WHEN MEASURED AT RIGHT
ANGLES, FROM THE EASTERLY RIGHT—OF—WAY OF THE SOUTHERN PACIFIC
RAILROAD; THENCE SOUTH 71°15'41" WEST, 12.00 FEET TO A POINT ON
SAID RIGHT—OF—WAY; THENCE ALONG SAID RIGHT—OF—WAY NORTH 18°44'19"
WEST, 23 .97 FEET TO THE COMMON LINE TO BOTH SAID PROPERTIES; THENCE
ALONG THE COMMON LINE TO SAID PROPERTIES NORTH 71°15'41" EAST,
12.00 FEET TO AN ANGLE POINT; THENCE SOUTH 85°22'20" EAST, 147.36
FEET TO A POINT; THENCE LEAVING SAID LINES NORTH 04°37'40" EAST,
15. 81 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF 84 .00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGEL
OF 47°06'24" (THE CHORD BEARS NORTH 28°10'52" EAST, 67.13 FEET) AN
ARC DISTANCE OF 69.06 FEET TO A POINT OF TANGENCY; THENCE NORTH
51°44'04" EAST, 35.28 FEET TO A POINT OF CURVATURE; THENCE ALONG
THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST,
THROUGH A CENTRAL ANGLE OF 36°22'39" (THE CHORD BEARS NORTH
33°32'45" EAST, 15.61 FEET) AN ARC DISTANCE OF 15.87 FEET TO A
POINT OF NON—TANGENT CURVATURE WITH A 305.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTHEAST AND FROM WHICH POINT A RADIAL LINE BEARS
NORTH 56°30'07" EAST, SAID POINT BEING ON THE WESTERLY RIGHT—OF—WAY
OF CASCADE BLVD. , THENCE ALONG SAID RIGHT—OF—WAY ALONG THE ABOVE
MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 06°29'51" (THE CHORD
BEARS SOUTH 36°44'48" EAST, 34.57 FEET) AN ARC DISTANCE OF 34 .59
FEET TO A POINT OF NON—TANGENT CURVATURE WITH A 25.00 FOOT RADIUS
CURVE CONCAVE TO THE SOUTHEAST AND FROM WHICH POINT A RADIAL LINE
BEARS SOUTH O1°08'58" WEST; THENCE LEAVING SAID RIGHT—OF—WAY ALONG
ABOVE MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 39°24'54" (THE
l of 2 I I
•Cnit l.us_r11cc r.. c14 n-nc DI•nninn•t=nnin..rinet• n'• I indcrnne Arrhitrrttirp•Fnvirnnmental Services 6)
CHORD BEARS SOUTH 71°26'31" WEST, 16.86 FEET) AN ARC DISTANCE OF
17.20 FEET TO A POINT OF TANGENCY; THENCE SOUTH 51°44'04" WEST,
33.32 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 60. 00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGLE
OF 47°06'24" (THE CHORD BEARS SOUTH 28°10'52" WEST, 47.95 FEET) AN
ARC DISTANCE OF 49.33 FEET TO A POINT OF TANGENCY; THENCE SOUTH
04°37.40" WEST, 15.81 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.160 ACRES MORE OR LESS.
REGISTERED
ROFESSIONAL
±0 SURVEY,
; JCL 1g94
I OH,i 11 PU I NMI
$„ 121311 3
4-262.211011262DE68.1B0
2 of 2
12,
litil\
_ ;:cam C . "EXHIBIT C"
�: a+�• YO A PAGE 2
/Pr' liw i ,
t
\ / - Cc.r= .r j , , C/L CASCADE BLVD.
\ . 14 _TU�4ll.
\ \ V
, ' • - 1Z13�19LI --
\
\ A Er\ 3O \ R - 5.00'1•
\ 30 L 34.59' -
\ A = 3622'39'
\ R = 25.00' A = 3924'54.
\ L = 15.87' R = 25.00'
L = 17.20'
\ N5144'04"E _
4 ♦ . A 476'?4'
\ FEE Na 35.28 R = 60.00'
\ 93-026084 •••••P L = 49.33'
\ A = 47'06'24'
�} \ R 84.00' is S51"44.04'W �`
•
L 69.06 s 33.32'
\ N71'is'41'E
\ 12.00' N04 37.40'E e, 504 37'4 3.3
15.81' I /15.81' ' ``
\ •" S857270•E ! TRUE POINT
¶Ø!
rttif 147.36• OF BEGINNING ` �'
N18'44 19 W 1 < { ) .)f _arra .-. '
23.97' N8572 20-W - _ FEE N0, 79-021430 .....-_-...-
161.86'
___
\ 161.86' - --- —_..-----�. --
\ 57115'41V
12.00' SO4 37.40'W
\ 22.00'
\
\ FEE NO.
\
\ 93-030887
\
\\ :jPACIFIC
M MOO
a,.m.
WO)ISO—Mille
\ 1' = so• Pr...•-y-- •srow •Women aria.,.....
41.11-
NOVEMBER 29. 1994 Si 1 /
PACIFh�;
P.O. Box 80040
Portland.OR 97280
"EXHIBIT D"
EASEMENT DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST ONE—QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING A
PORTION OF THAT PROPERTY DESCRIBED IN THE DEED TO THOMAS J. HOLCE,
RECORDED AS RECORDERS FEE NO. 93-026084 FILM RECORDS OF WASHINGTON
COUNTY, OREGON; THE SAID PARCEL BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE D.C. GRAHAM DONATION LAND
CLAIM NO. 52;. THENCE NORTH 04°43'39" EAST, 1076.79 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID PROPERTY; THENCE ALONG SAID LINE NORTH
85°22'20" WEST, 24 .00 FEET; THENCE LEAVING SAID LINE NORTH 04°37'40"
EAST, 15.81 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF
84.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL
ANGEL OF 47°06'24" (THE CHORD BEARS NORTH 28°10'52" EAST, 67.13 FEET)
AN ARC DISTANCE OF 69.06 FEET TO A POINT OF TANGENCY; THENCE NORTH
51°44'04" EAST, 35.28 FEET TO A POINT OF CURVATURE; THENCE ALONG THE
ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THROUGH A
CENTRAL ANGLE OF 36°22'39" (THE CHORD BEARS NORTH 33°32'45" EAST,
15. 61 FEET) AN ARC DISTANCE OF 15.87 FEET TO A POINT OF NON—TANGENT
CURVATURE WITH A 305.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST
AND FROM WHICH POINT A RADIAL LINE BEARS NORTH 56°30'07" EAST, SAID
POINT BEING ON THE SOUTHERLY RIGHT—OF—WAY OF CASCADE BLVD. , THENCE
ALONG SAID RIGHT—OF—WAY ALONG THE ABOVE MENTIONED CURVE, THROUGH A
CENTRAL ANGLE OF 06°29'51" (THE CHORD BEARS SOUTH 36°44'48" EAST,
34 .57 FEET) AN ARC DISTANCE OF 34.59 FEET TO A POINT OF NON—TANGENT
CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST AND
FROM WHICH POINT A RADIAL LINE BEARS SOUTH 01°08'58" WEST; THENCE
LEAVING SAID RIGHT—OF—WAY ALONG ABOVE MENTIONED CURVE, THROUGH A
CENTRAL ANGLE OF 39°24'54" (THE CHORD BEARS SOUTH 71°26'31" WEST,
16.86 FEET) AN ARC DISTANCE OF 17.20 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 51°44'04" WEST, 33.32 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A 60.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST, THROUGH A CENTRAL ANGLE OF 47°06'24" (THE CHORD BEARS
SOUTH 28°10'52" WEST, 47.95 FEET) AN ARC DISTANCE OF 49.33 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 04°37'40" WEST, 15.81 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 0.070 ACRES MORE OR LESS.
4-262.2 01M3ooas.LEo I L[
1511?162641455 Fax 003)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services ®
(.--
"EXHIBIT D"
PAGE 2
1 i
1
1
\ C/L CASCADE BLVD.
\
\
A = 06 29'51"
\ \
\5(5 \ R = 305.00'
\ �� L = 34.59'
\ 6 = 36'22'39"
\ R = 25.00' A = 3924'54"
\ L = 15.8 7' R = 25.00'
\ N51'44'04"E \ \ L = 17.20'
\ 35.28 -, AA = 47'06'24"
\ FEE NO. • ' R = 60.00'
\ 93-026084 ' `"�� L = 49.33'
,� \ 0 = 47'06'24" • ` � • N.
U1 \ R 84.00' %--.',._`
S51.44.04"W
\ L = 69.06' 33.32'
\ N04.37.40"E `
SO4 37'40"W
\ 15.81' ;..i'-,..i /15.81'
'. _ -' -- / TRUE POINT \
v. `.
_ OF BEGINNING
�� - __ FEE N0, 79-021430 N85 22'20"W _ "�
- - 24.00
\ - - - - -11 - -
\
\
\
\
\ FEE NO.
\ 93-030887
\ W,4-4P,...A.CIFIC
114011 OW. MIMS •1111.11/1
\ , mining. 0111WON //721/0
1511111 4111-1141111
\''......... \ 1" = 60' -r11•• •Waimea•••••••~.
\ OCTOBER 31, 1994
: I PACIFiC
P.O. Box 80040
Portland.OR 97280
"EXH BTT E"
EASEMENT DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING A
PORTION OF THAT PROPERTY DESCRIBED IN THE DEED TO WINMAR PACIFIC,
INC. , RECORDED AS RECORDERS FEE NO. 79-021430 FILM RECORDS OF
WASHINGTON COUNTY, OREGON; THE SAID PARCEL BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE D.C. GRAHAM DONATION LAND
CLAIM NO. 52; THENCE NORTH 04°43'39" EAST, 1076.79 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID PROPERTY, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE ALONG THE NORTHERLY LINES OF SAID PROPERTY,
SOUTH 85°22'20" EAST, 65.97 FEET TO AN ANGLE POINT; THENCE SOUTH
89°22'00" EAST, 12. 67 FEET TO A POINT AN ANGLE POINT; THENCE NORTH
87°28'50" EAST, 58.80 FEET TO A POINT OF NON TANGENT CURVATURE WITH A
100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST AND FROM WHICH
POINT A RADIAL LINE BEARS NORTH 32°43'19" EAST, SAID POINT IS ON THE
FORMER WESTERLY RIGHT-OF-WAY LINE OF CASCADE BLVD. AS DEPICTED ON
C.S. NO. 11, 314, WASHINGTON COUNTY SURVEYOR'S OFFICE; THENCE ALONG
THE ABOVE MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 32°05'19" (THE
CHORD OF BEARS SOUT` 71 '19'20" EAST, 55.28 FEET) AN ARC DISTANCE OF
56.01 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89°20'00" EAST, 51.30
FEET TO A POINT OF NON TANGENT CURVATURE WITH A 305.00 FOOT RADIUS
CURVE CONCAVE TO THE NORTH AND FROM WHICH POINT A RADIAL LINE BEARS
NORTH 11°01'20" EAST, SAID POINT IS ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF CASCADE BLVD. ; THENCE FOLLOWING SAID RIGHT-OF-WAY ALONG THE
ARC OF A THE ABOVE MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF
00°49'46" (THE CHORD BEARS SOUTH 79°23'33" EAST, 4.42 FEET) AN ARC
DISTANCE OF 4.42 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, ALONG THE
SOUTHERLY LINES OF SAID WINMAR PACIFIC, INC. PROPERTY SOUTH 87°28'50"
WEST, 169. 01 FEET TO AN ANGLE POINT; THENCE NORTH 89°22'00" WEST,
10.67 FEET TO AN ANGLE POINT; THENCE NORTH 85°22'20" WEST, 230.09
FEET TO AN ANGLE POINT, SAID POINT IS 12.00 FEET, WHEN MEASURED AT
RIGHT, ANGLES FROM THE EASTERLY RIGHT-OF-WAY OF THE SOUTHERN PACIFIC
RAILROAD; THENCE SOUTH 71°15'41" WEST, 12.00 FEET TO A POINT ON SAID
RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY NORTH 18°44'19" WEST,
23.97 FEET TO THE NORTHERLY LINES OF SAID WINMAR PACIFIC, INC. ,
PROPERTY; THENCE ALONG THE SAID NORTHERLY LINES NORTH 71°15'41" EAST,
12.00 FEET TO AN ANGLE POINT; THENCE SOUTH 85°22'20" EAST, 171.36
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0. 176 ACRES MORE OR LESS.
4-262.2$OMS30001.1BO I
LD
istil,h'/,.rucc r:,.(Coll C1/. n11C 131'..,Winn.G..n:..eer:..n•C..rvwi..n•I nr.d.r.n. Arrtiii.re..r.•Gnvirnnm.ntaI Grvirrc
1.
"EXHIBIT E"
PAGE 2
I
I 1 C/L CASCADE BLVD.
\\ \ V
\ \ \
\ \ �p \
\ \5(1
\ \ \
\ \ \
\\ FEE NO.
93-026084 \
\ • A = 32'05'19"
\ \ R = 100.00'
\ ‘N ....,,.... L = 56.01'
TRUE POINT
\ N71'15'41'E
\ 12.00' OF BEGINNING S89 22'00"E\
\ 58572'20 E 12.6 7'
:-._1--,..,:',...,, 171.36' 572 "E N87'28'S0"E
2
.-.• ,.., ,. 65.97' - 58 00 E _
.;44)--(...t--,-"- ..1...;-.<_L> _ ..✓ �'-S i 1 •FEE j�j " 9..�02: � ,� _ 51.30' 05 s 4
0
N18 44 19 W `-�..``.< 430r�{� t{`- .•f •{ � ... R = 3 .00'
23.97' l).)-(1-1-, ..' n�_' '._;<'`>C'r..' ...'"< >-.. _ - 1 = 4.42'
N85 22 20"W •_.1.4j1.--i1-4- J. �..`� _ -
S71'15'41'W 230.09' _ _ 587'28'50"W 169.01'
12.00'
\ N8972'00"W
\ 10.67'
FEE NO.
\ 93-030887
\\ PACIFIC
\ PORTLAND. ORiOON .,,..
.�....
I" = 60' .�.... ................
\ OCTOBER 31, 1994
EXHIBIT F
[Winmar Conveyance Exceptions)
lB
EXHIBIT F
GENERAL EXCEPTIONS
!. a. Taxes or assessments which are not shown as existing lien by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
b. Proceedings by a public agency which may result in axes or asseearnants,or notices of such proceedings.
whether or not shown by the records of such agency or by the public records.
2. a. Easements, liens,encumbrances, interests or claims thereof which are not shown by any public records.
b. Any fleets, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of parson in possession hereof.
3. Discrepancies, conflicts in boundary litres,shortage in area, encroachments, or any other facts which a
correct survey would disclose,and which are not shown by the public records.
4. a. Unpateruc d mining claims;
b. Reservations or exceptions in patents or in Acts authorizing thea issuance thereof,
c. Water rights, claims or this to water;
whether or not the matters excepted under(a), (b), or(c) are shown by the public records.
5. Any lien or right to a lien, for services, labor or materials heretofore or hereafter flrrnished, imposed by law
and not shown by the public records.
SPECIAL EXCEPTIONS
NOTE: 1994-95 taxes $380.97; paid.
Tax Acct. No. 27342, 1 S 1 35BC 01200, Codc 023.81
6. Tigard City liens, if any affecting said premises.
WE HAVE REQUESTED A SEARCH AND WILL ADVISE IF ANY UNPAID LIENS ARE
DISCLOSED_
7. The premises herein described are within and subject to tf.. statutory powers, including the
power of assessment of The Unified Sewerage Agency of Washington County, a municipal
corporation.
8. Rights of the public in and to that portion lying within streets, roads and highways.
9. Reservations, including the terms and provisions thereof, in deed
From: Ralph G. Coan, Shirley Coen, Jerome S. Bischoff and Barbara Bischoff
To: Neal K. Grimstad and Elsie I. Grimstad
Recorded: September 7, 1965
Book: 567 Page: 613
Records of Washington County, Oregon.
For: a reservation for a right of way for a railroad spur or a crossing at such
elevation as may be selected by the railroad or grantors
10. Easement(s) as disclosed in deed, including the terms and provisions thereof,
From: Ralph G. Conn, Shirley Coan, Jerome S. Bischoff and Barbara Bischoff
To: Neal K. Grimstad and Elsie I. Grimstad
Recorded: September 7, 1965
Book: 567 Page: 613
CONTINUED
19
EXHIBIT F - continued
Records of Washington County, Oregon.
For: an casement to members of the public for access to that certain Southern
Pacific Railway under-pass lying approximately one thousand feet Northwesterly of Southwest
Dakota Street under the Southern Pacific Railway tracks and Westerly of the parcels herein
conveyed
20
EXHIBIT G
[Holce Conveyance Exceptions]
•
• EXHIBIT G
GENERAL EXCEPTIONS
1. a. Taxes or eesesameots which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
b. Proceedings by a public agency which may result in taxes or assessmeres,or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. a. Easements, Hens,encumb>mces, interests or claims thereof which are not shown by any public records.
b. Any tads, rights, interests or claims which ire not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession hereof.
3. Discrepancies,conflicts in bounder/lime,shortage rn wee, sooroachnsents.or sly other acts which a
const survey would disclose,and which are not shown by the while records.
4. a. Unpatented mining claims;
b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof
c. Water rights, claims or title to water,
whether or not the matters excepted harder(a), (b), or(c) are shown by the public records.
5. Any lien or right to a lien, for services, labor or materials heretofore or hereafter fwnished, imposed by law
and not shown by the public records.
SPECIAL EXCEPTIONS
• NOTE: 1994-95 taxes S6,177.49; paid.
Tax Acct. No. 273153, 151 3530 00600, Code 023.81
6. The premises herein described are within and subject to the statutory powers, including the
power of assessment of The Unified Sewerage Agency of Washington County, a municipal
corporation. _
7. The premises herein described are within and subject to the statutory powers, including the
power of assessment of Tualatin Valley Water District.
8. Rights of the public in and to that portion lying within streets, roads and highways.
2z,
121 SW MORRISON STREET, SUITE 200 • PORTLAND, OREGON 97204
I PHONE: (503)223-7181 • FAX: (503)273-0256
NORRIS New America Network
BEGGS&
SIMPSON
REALTORS
June 20, 1996
Mr. Brian Rager
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Dear Brian:
As a follow up to our phone conversation, enclosed please find a copy of the Easement
Agreement that has been recorded between Widmar Properties, Inc., a Washington corporation,
and Thomas J. Holce, for the subject property. As you can see, this document was recorded back
in March, 1995.
With respect to the traffic impact fee issue, we appreciate you clarifying that there are no further
traffic impact fees due.
If there is any additional information you need, please do not hesitate to call.
Sincerely,
NORRIS, BEGGS & SIMPSON
D, F1/41.,„.t, ..
t f Mt 4.1 -it (jblIAA-
r t
Chris Joh son
Vice President `,.,, P,_ St.„.-- (91_ 4- Ido) .
l) P i nnr( t 'T st vr-r C-
Tager.
rager.do M� D, cc.ikAe Iki •
cc: Tom HolceS — T Ti-
Ken Holce ( u17• Ae L
t�.T 6-4-A). -A e;. I-tS c(
v.,[ 'AC .
4—
ft
A 6,. 2.4 ./(e
NEWAME
NE1WORK
NORRIS,BEGGS&SIMPSON NORTHWEST LIMITED PARTNERSHIP • PORTLAND • VANCOUVER • BELLEVUE
YOUR PARTNER IN REAL ESTATE SERVICES WORLDWIDE
TOOZE SHENKER DUDEN CREAMER FRANK & HUTCHISON
ATTORNEYS AT LAW
GREGORY L. BAIRD 333 S. W. TAYLOR STREET LAMAR TOOZE
NEALE E. CREAMERt 1895-1971
PAUL R. DUDEN PORTLAND, OREGON 97204-2496
LAMAR TOOZE, JR.
STEPHEN R. FRANK 1922-1985
MICHAEL J. GENTRY TELEPHONE (503) 223-5181
WILLIAM P. HUTCHISON, JR. MERCEDES F. DEIZ
JUDITH A. LESEM FACSIMILE (503) 223-5550 OF COUNSEL
DONALD C. M`CLAIN
ERIC J. NEIMAN* email: [initials]@tooze.com ADMITTED IN OREGON
TOD A. NORTHMAN* WASHINGTON*
DAVID J. RYAN CAUFORNIAt
ARDEN E. SHENKER
DAVID R. SIMON
VIVIAN RAITS SOLOMON`t
June 17, 1996
Chris Johnson
Associate Vice President
Norris Beggs & Simpson
121 S.W. Morrison, Suite 200
Portland, OR 97204
Dear Chris:
Re: Thomas J. Holce / Winmar Pacific, Inc.
Our File No. 02141
I enclose herewith a copy of the recorded Easement Agreement with Winmar Pacific, Inc.
Yours very truly,
Neale E. Creamer
NEC/rp
Enclosure
cc: Thomas J. Holce
CRPF:\W PDATA\NECICASES\HOLCEV OHNSON 11TR(061796)