93-067757 ~ Pacific Highway ~ Park Street •
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RECORDING REQUESTED BY AND •
WHEN RECORDED RETURN TO:
HARRIS ENTERPRISES
Suite 104
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► • 2300 S.W. First Avenue
Portland, OR 97201
. 1 With a copy to:
Taco Bell Corp.
17901 Von Karman Avenue
A Irvine, CA 92714
:. t Attn: Real Estate Law Department
Site No. : 86-0040
? u ACCESS EASEMENT AGREEMENT •
�1 THIS ACCESS EASEMENT AGREEMENT ("Easement") is made as
of August j, 1993, by and between HARRIS ENTERPRISES, INC. , an ,.
�,;- Oregon corporation ("Seller") , and TACO BELL CORP. , a California
" ! h, corporation ("Buyer") .
I . t"' ' WHEREAS, Seller is the owner of that certain real
'' tip' property located in the City of Tigard, County of Washington,
State of Oregon, which is more particularly described on '
A Exhibit "A" attached hereto and incorporated herein by this
," . reference ("Parcel 1") ;
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Yya o WHEREAS, Buyer is purchasing from Seller that certain
• ° real property located in the City of Tigard, County of
=; a Washington, State of Oregon, which is more particularly described
-gi 0 on Exhibit "B" attached hereto and incorporated herein by this
'-; j au reference ("Parcel 2") , pursuant to that certain Purchase
,,! � Z �, Agreement executed September 23, 1992, by and between Seller and
Y0 Buyer ("Purchase") ; and
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WHEREAS, Seller and Buyer desire to create a certain
A . 1 access easement over, upon, and across a portion of Parcel 2,
'? said easement area being more particularly described on attached
Exhibit "C" and referred to as hereafter set forth;
NOW THEREFORE, in consideration of the covenants
JI. contained in this Easement and other good and valuable
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consideration, receipt of which is hereby acknowledged, the
4 following grants, agreements, covenants, and restrictions are
,,; , made:
'1 A. EASEMENT FOR INGRESS AND EGRESS
is
'' Buyer hereby grants and conveys to Seller the
'; 1 non-exclusive right in common with others, in perpetuity, to use
}'. 1
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-" the land described on Exhibit "C" hereto, for the use and benefit
of Seller and Seller's tenants, subtenants, employees, customers,
agents, invitees, and licensees, for purposes of pedestrian and
vehicular ingress and egress. Said easement area shall be
4.1 utilized by Seller only when Parcel 1 has been developed by
Seller. In the event Buyer's use permit to operate its
:o restaurant or any other business on Parcel 2 is materially
.- modified, revoked, or denied by virtue of the easement granted
herein, then the Easement shall terminate, become null and void,
and be of no further force or effect.
: In the event Seller's utilization of the land described
r on Exhibit "C" for said easement results in the loss of parking
''.'we stalls thereon, Seller shall grant and convey to Buyer the
non-exclusive right in common with others, in perpetuity, to
construct and use Parcel 1 for the use and benefit of Buyer and
% Buyer's tenants, subtenants, employees, customers, agents,
11 invitees, and licensees, for purposes of vehicular parking,
3 � ingress, and egress. Buyer's parking rights as established
41) hereunder shall be limited to the same number of parking stalls
as those eliminated to accommodate Seller's rights for pedestrian
and vehicular ingress and egress over the land described on
Exhibit "B. "
B. BARRIERS
Buyer shall not erect any barrier in the Easement area
-; described on Exhibit "C" which would unreasonably prevent,
hinder, or interfere in any way with the free flow and passage of
'' vehicular and pedestrian traffic to Parcel 1 from Parcel 2.
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C. COMPLIANCE WITH LAWS AND REGULATIONS--INDEMNIFICATION
Seller and Buyer covenant and agree, with respect to
N-, their respective parcels, to comply with all laws, rules,
° ' regulations, and requirements of all public authorities, and to
`t; indemnify, defend, and hold each other harmless against all
" claims, demands, loss, damage, liabilities, and expenses and all
1 suits, - actions, and judgments (including but not limited to costs
and attorney's fees) arising out of or in any way related to
s '; Seller's or Buyer's failure to maintain its respective parcel in
=:,. a safe condition. Seller and Buyer shall give prompt and timely
, 4;.-
--. notice of any claim made or suit or action commenced against the
7other party which in any way would result in indemnification
r,. under this Easement.
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'"1 D. MAINTENANCE, EXPENSES, AND TAXES
r"s Seller and Buyer covenant and agree to maintain in good
condition and repair the parking areas and spaces, driveways,
V;. access ways, sidewalks, walkways, exits, entrances, and other
(, paved areas on their respective parcels, and to pay all expenses
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incurred in connection therewith, including the payment of all
ry real estate taxes and assessments, subject only to the right to
,,, defer payment in a manner provided by law and/or in connection
with a bona fide contest of such tax or assessment, so long as % .
the rights of the other party shall not be jeopardized by the
deferring of payment.
• E. COVENANTS RUNNING WITH LAND
The rights and obligations contained within this
Easement shall run with Parcels 1 and 2 and shall inure to and be
for the benefit of Seller and Buyer, their successors and •
1`. , assigns, and the tenants, subtenants, licensees, concessionaires,
4, = mortgagees in possession, customers, and business invitees of the
- parties.
a
c" ' F. ATTORNEY'S FEES
1 In the event that either party brings an action to
enforce its rights hereunder, the prevailing party in such action
shall be entitled to receive all costs and reasonable attorney's
fees in addition to any damages to which it is due by reason of
such action. e
F'
G. NOTICES
Any demands or notices allowed or required hereunder
i shall be given in the manner and to the addresses specified in
the Purchase Agreement. '
IN WITNESS WHEREOF, the paries hereto have executed
:' this Easement as of the date hereinabove set forth.
i SELLER BUYER
HARRIS ENTERPRISES, INC. , TACO BELL CORP. , a
an Oregon corporation California corporation
By: 14,....-2-. By: ,.i .✓/ LA/
JAMES A. CHRO if
`';' Its: PNe.-;...1?.w Its:
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AUG 1 2 19 Date: € - ‘o - Q 3 Date:
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rr I Reviewed by
PRISCILLA SLEIGHT.
Date S12-
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STATE OF OREGON )
) SS
COUNTY OF MULTNOMAH )
This instrument was acknowledged before me on
��� , 1993, by «to t+ i C. as
FrCS;atenit of Harris Enterprises, Inc.
OFFICIAL SEAL
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NOTARY PUBLIC-OREGON
2� Notary Public for Oregon
My co
/ ��o woo EXPIRES 1981
expires: q�� /f �
(
STATE OF CALIFORNIA )
) SS
COUNTY OF . )
•,t This instrument was acknowledged before me on
, 1993, by as
of Taco Bell Corp.
$ Notary Public for California
[/ My commission expires:
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' ALL-PURPOSE ACKNOWLEDGEMENT
State of California CAPACITY CLAIMED BY SIGNER
County of Orange
U 1NDTVIDUAL(S)
On 12 AUGUST 1993 before me, BI LIBBY.Notary Public,
Due [x] CORPORATE Senior Vice Pres,
OFFICER(S)
Personally appeared JAMES A CHRONLEY.Sr.Vice Pres..Taco Bell Corp„ mugs)
U PARTNER(S)
[x]personally known to me OR U proved to me on the basis of satisfactory evidence to U ATTORNEY-IN-FACT
be the person(s) whose name(s) is subscribed to the U TRUSTEE(S) .
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within instrument and acknowledged to me that he U SUBSCRIBING WITNESS
executed the same in his authorized capacity(ies)and U GUARDIAN/CONSERVATOR
that by his signature(s) on the instrument the U OTHER
person(s), or the entity upon behalf of which the •
person(s)acted,executed the instrument.
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v IJP Witness my hand and official seal SIGNER IS REPRESENTING: •
.• 4�f►_ COMA.1972•41 NAME OF PERSON(S)OR ENTITY(IES)
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Cattalo /
`• ...: '� IMV Catmt,bweesC @ 7.1996 44.q I TACO BELL CORP.
SIO ATU Ili* • ARY $California corporation
ATTENTION NOTARY:although the information requested below is OPTIONAL it could prevent the fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE Title or Type of Document ACCESS EASEMENT AGREEMENT
MUST BE ATTACHED Number of Pages N/A Date of Document 12 AUGUST 1993
THE DOCUMENT
AT RIGHT: Signer(s)other than named above N/A
DESCRIBED
0 1991 NATIONAL NOTARY ASSOCIATION;-8236 Remmet Ave.-P.O.Box 7184-Canoga Park,CA 91304-5184 •
86-0040 TIGARD,OREGON
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EXHIBIT"A"
LEGAL DESCRIPTION OF PARCEL 1
(SELLER'S PROPERTY)
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A tract of land situated in the Southwest one-quarter of Section
2, Township 2 South, Range 1 West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon,
being more particularly described as follows:
Commencing at the west one-quarter corner of said Section 2:
thence 8.00'00'13"E. , along the west line thereof, a distance of
697.57 feet to a point in the south right-of-way line of S.W.
' :-a Park Street, (60 'feet in width) ; thence N.89'08'25"E. , along said
..'; south right-of-way line, a distance of 60.00 feet to the
northwest corner of that certain tract of land conveyed to Wilbur
. .x Bishop, Jr. by deed recorded March 7, 1979 and described by
. Recorder's Fee No. 79-08792, Deed Records of said County and the
point of beginning of the tract of land herein to be described;
thence continuing; N.89'08 ' 25"E. , along said south right-of-way
line, a distance bf 427.14 feet to an iron rod; thence
'' 3.28'40'30"W. , leaving said right-of-way line, a distance of
105.80 feet to an' agle point in the south line of said Bishop
tract; thence 3.89'08'25"w. , along said south line, a distance of
376.37 feet to the southwest corner of said Bishop tract; thence
N.00'00'13"W. , along the west line thereof, a distance of 92.06
feet to the point; of beginning; containing an area of 36, 981
•' i square feet, moreor less.
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EXHIBIT"B"
LEGAL DESCRIPTION OF PARCEL 2
O •bi.
(BUYER'S PROPERTY)
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i ; A tract of land situated in the Southwest one-quarter of Section
2. Township 2 South, Range 1 West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon,
being more particularly described as follows:
` ; Commencing at the west one-quarter corner of said Section 2;
, ' thence S.00'00'13"E. , along the west line thereof, a distance of
„ A 697.57 feet to a point in the south right-of-way line of S.W.
`:: J Park Street, (60 feet in width) ; thence N.89'08'25"E. , along said
. south right-of-way line, a distance of 487.14 feet to an iron rod
and the point of beginning of the tract of land herein to be
<,: x described; thence continuing N.89'08'25"E. , along said right-of-
:7! 5; wax' line, a distance of 100.81 feet to the northwest corner of
`ti'�� that certain tract of land conveyed to Harris Enterprises, Inc.
:l; Y by deed recorded November 5, 1974 in Book 999, page 407 of Deed
,, Records, said County: thence S.33'15'17"w. , along the
,
%9northwesterly line thereof, a distance of 149.89 feet to the
i,,.-,1 southeast corner of said Bishop tract; thence N.65'54 '24"W. ,
' p along the south line thereof, a distance of 75.99 feet to an
angle point therein: thence N.28'4C'30"E. , a distance of 105.80
"; feet to the point of beginning; containing an area of 10,262
xo 4 square feet, more or less. •
.;
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A tract of land situated in the Southwest one-quarter of Section 2.
,< , Township 2 South. Range 1 West of the Willamette Meridian, in the City
,. ;. of Tigard. County of Washington and State of Oregon. being more
a particularly described as follows:
;,L,4::, Commencing at the west one-quarter corner of said Section 2: thence
•tt , S.00'00'13"E. . along the west line thereof. a distance of 672.67 feet
' to a point in the centerline of S.W. Park Street. (60 feet wide) ;
thence N.89'08'25E. , alongc
�. �- " said centerline,line, a distance of 486.77 feet
I': ._ to a point that bears N.00'51'35"W. from an iron rod in the south
right-of-way of said S.W. Park Street: thence S.00'51' 35"E. , at right
•.. tj angles to said centerline, a distance of 24.90 feet to said iron rod
` ,, and the point of beginning of the tract of land herein to be described;
f: thence N.89'08'25"E. , along said south right-of-way line, a distance of
't .4 200.81 feet to a point in the northwesterly right-of-way line of
Pacific Highway, (U.S. 99W) : thence S.33'15'17"W. , along said
4. t,4 northwesterly right-of-way line, a distance of 149.89 feet to the
: f southeast corner of that certain tract of. land conveyed to Harris
Enterprises, Inc. by deed recorded November 5, 1974 in Book 999, page .
;-, 407 of. Deed Records, said County; thence S.89'08'25"W. , along the south
; line thereof, a distance of 100.00 feet to the southeast corner of that
.. certain tract of land descri.bed as Parcel I:I and conveyed to Harris
. ; Enterprises, Inc. by deed recorded May 3, 1991 and described by
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Recorder' s Fee No. 91-22483 of Deed Records, said County: thence
,i, ••• N. 65'54 '24"W. , along the south line thereof, a distance of 75.99 feet
to an angle point therein;. thence N.28'40'30"E. , leaving said south
line, a distance of 105.80 feet to the point of beginning.
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EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT AREA
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LEGAL DESCRIPTION FOR TACO BELL CORP.
(Access Easement - HOT' N NOW SITE #86-0040 )
A tract of land situated in the Southwest one-quarter of Section 2.
Township 2 South, Range 1 West of the Willamette Meridian, in the City
of Tigard, County of Washington and State of Oregon, being more
-; particularly described as follows :
si
:r Commencing at the west one-quarter corner of said Section 2 ; thence
3. S . 00'00 ' 13"E. , along the west line thereof, a distance of 672 . 67 feet
.; to a point in the centerline of S.W. Park Street. ( 60 feet wide) ;
„C.1 thence N. 89'08 ' 25"E. , along said centerline, a distance of 486 . 77 feet
to a point that bears N. 00' 51 ' 35"W. , from an iron rod in the south
',`1 right-of-way line of said S .W. Park Street; thence S. 00' 51 ' 35"E. , at
- right angles to said centerline, a distance of 24 . 90 feet to said iron
•r rod; thence S. 28'40 ' 30"W. . a distance of 5 .75 feet to a
,4 point in a line
`ztl parallel with and 5 . 00 feet south of,
to) , said south right-of-way line, and(the n measured at right angles
point of beginning of the
`*j : tract of land herein to be described; thence N. 89 '08 ' 25"E . , along said.
parallel line, a distance of 13 . 17 feet to a point of tangent
curvature; thence Northeasterly along the arc of a 5 .00 foot radius
''.` curve to the left , through a central angle of 90'00 ' 00" , an arc
'.i.. distance of 7 . 85 feet , ( the chord of which bears N.44 '08 ' 25"E . , 7 . 07
:
; i feet ) , to a point in said south right-of-way line; thence
'. ` N . 89'08 ' 25"E . , along said right-of-way line, a distance of 30 . 00 feet
t
3 ; thence S. 00' 51 ' 35"E. , at right angles to said right-of-way line, a
.i distance of 5 . 00 feet to a point of tangency: thence Southwesterly
Y. ? along the arc of a 24 . 00 foot radius curve to the right , through a
,-.r ! central angle of 90 ' 00 ' 00" , an arc distance of 37 . 70 feet . (the chord
of which bears S . 44 '08 ' 25"W. , 33 . 94 feet ) , to a
�i• I thence S . 89'08 ' 25"W. , point of tangency:
parallel with said south right-of-way line, a
distance of 37. 76 feet to a point that bears S . 28 '40 ' 30"W. from said
`'1; point of beginning; thence N . 28 '40 ' 30"E. . a distance of 27 . 58 feet to
•.... the point of beginning .
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STATE OF OREGON
) SS
County of Washington
I,Jerry R.HanscnDijQtpr of Assessment
and Taxation and Ex-OflkRsç9rer of Con-
veyances for SaidcotrntY,,db.. by certify
that the relthkt instrUMIant Of;%%Whig was
I received and recorded:in,floOk Of filocords of
! said coupti yo ' --,I... ,.•'-.,:,\ .•• i
1 4 Jeiry',Rca:ane,firqotor of
i -', • AsseSefnant TalaWl,Ex-
1 : . Officio
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Doc : 93067757
Rect: 106305 73 . 00
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