95-075014 & 95-076109 ~ 6830 SW Bonita Road ~ Sequoia Parkway ST4TE.OF OREGON
}
f SS
,,,,sonty of Washington
I, Jerry R. Ranson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county,do hereby certify that
ip After Recording Return Copy of Recorded Document to:
City Recorder-City of Tigard the within Instrument of wilting was received
and recorded in book-of,records',of said
13125 S.W.Hall Blvd.-Tigard,OR 97223 county `;I `""""'_
L. (i
CORPORATION TRUST
Jerry R Hanson, Director of
Assessment and Taxation, Ex-
File No.: Officio County Clerk
Doc : 95075014
NO CHANGE IN TAX STATEMENT Rect.: 152489 63 . 00
10/16/1995 03: 08: 09PM
EASEMENT
FOR MOTOR VEHICLE DRIVEWAY AND UNDERGROUND WATERLINE ON ADJOINING PARCEL
COMMERCIAL USE
THIS PERPETUAL EASEMENT, made and entered into on this September 2`l , 1995
between The Smets Family Trust hereinafter called the first party,
and The Smets Family Trust hereinafter called the second party,
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following described property in the City of
Tigard, County of Washington, State of Oregon, to wit:
SEE EXHIBIT A ATTACHED.
N And the second is the owner in fee simple of the following described real property in said City, County, and
N State, to wit:
w
SEE EXHIBIT B ATTACHED.
a4 z
z and said two parcels of real estate adjoin each other;
:z w
WHEREAS, the parties desire to grant to each other an easement and right to use the described motor
vehicle driveway now or to be constructed along and upon a portion of both of the parcels in conjunction
with any lawful use.
NOW, THEREFORE, in consideration of each party's granting to the other an easement hereinafter
described, and other valuable consideration each to the other in hand paid, the receipt of which is hereby
acknowledged:
FIRST: First party conveys to second party a perpetual easement for motor vehicle driveway and
underground water line purposes to use in conjunction with any lawful use along and upon that portion of
first party's property described as follows,to wit:
Over existing driveways and drive aisles as generally described an attached Exhibit C and,
for underground water line, over an area at the northeast corner of first party's property as
described on attached Exhibit C.
SECOND: Second party conveys to the first party a perpetual easement for motor vehicle purposed for use
in conjunction with any lawful use along and upon that portion of second party's property described as
follows,to wit:
Over exictinn drivewavc and drive aiclec ac veneraliv deccrihed nn attached Fxhihit C
FIFTH: .{-43ptienal4 The mai lance shall be a shared responsibility of theoiarties and each of the parties
shill share*the cost of maintaining the easement. The obligation to share maintenance costs shall begin
when the driveway is completed. *equal l y
SI.XTH: (- ). Each of the parties shall maintain liability insurance which, at a minimum, meet the
standard in the industry for the particular types of uses for which the properties are used. The insurance
policies shall name the owner of the adjoining parcel as an additional insured in connection with the use
of the easement.
SEVENTH: In construing the foregoing agreement, the plural shall mean and include the singular
whenever the context so requires.
IN WITNESS WHEREOF, I hereunto set my hand on this LC day f S +ptembO'r , 19 95 .
Smets Family Trt st I ,
Name of Eerperttitett Trus t Signature h,n E . mets
14633 Ottaway Road N. E. Co- ustee
Address Title
Aurora, OR 97002 24/ 1/4' ?.% , 71-
Signature Marietta D. Smets
Co-Trustee
Title
STATE OF OREGON )
tho' ) ss.
County of W mgton )
This instrument was acknowledged before me on WZ`1/ ) (date) by art-
,Tohn
-,Tohn F . Smets and Marietta D. Smets
(name(s) of person(s)) as Co-Trustees
(type of authority, e.g., officer, trustee, etc.) of Smets Family T r t s t I
(name of party on behalf of whom instrument was executed
OFFICIAL SEAL
I C
4. - CARL V ANDERSON Notarys Signature
V,- NOTARY PUBLIC-OREGON My Commission Expires: 7�Z '7 9 7
COMMISSION NO.028248
MY COMMISSION EXPIRE SEPT.26,1997
IN WITNESS WHEREOF, I hereunto set my hand on this ay of 1 e p t e mb e r , 19 9 5
Smets Family Trust I C`U
Name of Trust Signature ohn E . Smets
C,ttnwa- Road N. E . Co-Trustee
Address Title
aurora . OR 97002 `' "�%�? '-/ y '_z
Signature Mari etta D . Smets
Co-Trustee
Title
STATE OF OREGQN )
n SS.
County of W ��Jon )
This instrument was acknowledged before me on VZ'/5,7 (date) by
John E . Smets and Marietta D. Smets
(name(s) of person(s)) as Co-Trustee s
(type of authority, e.g., officer, trustee, etc.) of S m e t s Family T r t;s t I
EXHIBIT A
WESTLAKE
CONSULTANTS INC.
ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652
Fax: 503 624-0157
Adjusted Tax Lot 2S 1 12AD 400
John E. Smets, Trustee
October 6, 1995
Project No.: 982-01-95
.
PROPERTY DESCRIPTION
A tract of land situated in the northeast one quarter of Section 12, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon also being a portion of Lot 4 of
Bonita Gardens, recorded in plat book 5, page 11 records of Washington County, being more
particularly described as follows:
Commencing at the southwest corner of that tract of land granted to John E. Smets, Trustee of
the Smets family trust in that document recorded as document 91-61228, Washington County
deed records;
thence, along the south line of said Lot 4 of said Bonita Gardens, South 89°20'42" West,
153.50 feet to the True Point of Beginning of this description;
thence, along said south line of said Parcel 4, South 89°20'42" West, 50.00 feet to the east
line of Sequoia Parkway as granted to the city of Tigard in the deed recorded as document
number 89-27131, Washington County deed records;
thence, along said east line of said Sequoia Parkway, North 0°29'12" West, 326.99 feet to the
south line of that tract of land described in the deed recorded in book 1013 page 923,
Washington County deed records;
thence, along said south line, along the arc of a curve to the left, having a radial bearing at
the Point of Beginning of South 24°23'56" West, a radius of a 100.00 feet, a central angle of
34°40'53", a long chord of South 82°56'30" East, 59.61 feet;
thence, North 79°43'03" East, 38.27 feet;
thence, leaving said south line of book 1013, page 923, South 0°29'12" East, 242.12 feet;
S
h i Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 Page 1 of 2
w✓.
Page2of2
Property Description
Project No.: 982-01-95
thence, South 89°20'42" West, 11.80 feet;
thence, South 0°29'12" East, 8.67 feet;
thence, South 89°20'42" West, 35.00 feet;
thence South 0°29'12" East, 74.60 feet to the True Point of Beginning of this description.
Containing 27,461 square feet.
98201-1.!d
•
4
Page 2 of 2
EXHIBIT B
WESTLAKE
CONSULTANTS [NC.
ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652
Fax: 503 624-0157
Adjusted Tax Lot 2S 1 12 AD 300 & 200
John E. Smets, Trustee
October 6, 1995
Project No.: 982-01-95
PROPERTY DESCRIPTION
A tract of land situated in the northeast one quarter of Section 12, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon, also being a portion of Lot 4 of
Bonita Gardens, recorded in plat book 5, page 11, records of Washington County, being more
particularly described as follows:
Beginning at the southwest corner of that tract of land granted to John E. Smets, Trustee of
the Smets family trust in that document recorded as document 91-61228, Washington County
deed records;
thence, along the south line of said Lot 4 of said Bonita Gardens, South 89°20'42" West,
153.50 feet;
thence, leaving said south line, North 0°29'12" West, 74.60 feet;
thence, North 89°20'42" East, 35.00 feet;
thence, North 0°29'12" West, 8.67 feet;
thence, North 89°20'42" East, 11.80 feet;
thence, North 0°29'12" West. 242.12 feet to the south line of that tract of land described in
the deed recorded in book 1013, page 923, Washington County deed records;
thence, along the south line of said book 1013, page 923, North 79°43'03" East, 108.27 feet
to the west line of that tract of land described in the deed recorded as document number 91-
61228, Washington County deed records;
thence, along the west line of said 91-61228, North 0°29'12" West, 5.49 feet;
III Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 Page 1 of 2
Page 2 of 2
Property Description
Project No.: 982-01-95
thence, North 89°20'42" East, 20.00 feet;
thence, South 0°29'12" East, 349.00 feet;
thence, South 89°20'42" West, 20.00 feet to the Point of Beginning of this description.
Containing 46,257 square feet.
98201-:.1d
t •
Page 2 of 2
Www'' ',
8 '
EXHIBIT C
- S.W. BONITA ROAD
00
4
FOUND BRASS DISC IN MON
33 . BOX MARKED "DAVID EVANS
n°QO ' & ASSOCIATES INC. 1990"
n�
60 b, A = 63'54'57"
N N I R = 100.00'
L = 111.55'
N v CH = N33'38'35'W 105.86'
a /
-- A = 34'40'53'
R - 100.00'
L = 60.53'
tl-
�4- CH - S82'56'30'E 59.61'
•ham
"� SET SCRIBE
I�♦ if
(N79.50 3-"E�2 ON CONC. SIDEWALK
2 $79 43'03"E
r 38.27 .
Q \ .
FOUND 5/8" IRON ROD WITH Y SET SCRIBE
ALUMINUM CAP MARKED "DEA" CC ON CONC. SIDEWALK
IN MON BOX 1 Q
PER BOOK 71. PAGE 39 t., 0_ UNDERGROUND
o'-rn 1 WATERLINE
z m Q EASEMENT AREA
a 90 co 1 w D o, UF��
csJa N 6' P�`
0 - 0 1 M 27,46! S0. FT. i •*0
< c m § A Z`J • DRIVEWAY
(Jit t w EASEMENT
--.7_,
^ �t1 \ N N AREA PER
2.-0, EXHIBIT c
<5‘' OF EASEMENT
o aI N o AGGREEMENT
3 w ,.; :A.I w w'/i. ..
O N N w N j
O O Oe. O O
O N O
0 1 o SET SCRIBE 589'20'42"W
'^ ON CONC. 11.80' SOUTHWEST CORNER
/ NO0'29'12"W 00C. FEE 91-61228
FOUND 5/8" IRON ROD WITH 72' 8.67 POINT OF COMMENCMENT
YELLOW PLASTIC CAP °
\21239'20'42"E4
MARKED "DEA' n 35.00
PER BOOK 71, PAGE 39 I 3
N
b
a, TRUE POINT OF BEGINNING
FOUND INITIAL POINT PACIFIC ,`..1.4 N }r OF THIS DESCRIPTION
OCORP. CENTER 2 t/2' BRASS +• �•� 50.00' 3_/ 153.50' �0.0 '
PER BOOK 71, PAGE 39 ' ' N89'2O'42"E 223.50'
/ (N89'26'10"E 296.00')2
• 7.50' (N89'20'42"E)
FOUND 5/8' IRON RCD WITH
ALUMINUM CAP MARKED 'DEA"
IN MON BOX
PER 900K 71, PAGE 39
•
JOB N0. 982-01
STATE OF OREGON
SS
runty of Washington
4v004
I, Jerry R.Hanson, Director of Assess-
ment and Taxation and EX-Officio County
Clerk for said county,do,hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county.
Jerry R. Hanson, Director of
Assessment and Taxation,Ex-
Officio County Clerk
Doc : 95076109
Rect: 152779 43 . 00
10/19/1995 02: 23: 30PM
355 REVISION TO LOT LINE DECLARATION
This revision is made this /`, day of October, 1995 to that certain Lot Line Declaration
dated April 7, 1989 by John E. and Marietta Smets ("Declarants") recorded in the records of
Washington County, Oregon as document #89-15218("the LLD"). The LLD applied to the
contiguous parcels of real property described in the LLD as:
6830 SW Bonita Rd.
WCTM 2S112AD Tax Lot 200 (200 MI) and
WCTM 2S112AD Tax Lot 300
The Declarants have since conveyed their interest in the above described real property to the
Smets Family Trust I ("the Trust"), a trust for which the Declarants are Co-trustees.
The Declarants have requested and received approval from the City of Tigard for a lot line
adjustment, City of Tigard approval # MIS 95-0015, ("the LLA") which adjusted the lot line
between Tax Lot 300, one of the lots described in the LLD, and WCTM 2S112AD Tax Lot 400
("T.L. 400"), an adjacent parcel also owned by the Trust. Prior to granting its approval, the City
of Tigard determined that the proposed lot line configuration complied with all applicable
requirements of the Tigard Community Development Code and the Building Code. Declarants
will record deeds showing the Trust as both grantor and grantee to document the revised legal
N descriptions of Tax Lots 300 and 400.
ti This Revision to Lot Line Declaration will confirm that:
N
1. Neither the conveyance by Declarants to the Trust nor the recording of deeds by the Trust
pursuant to the LLA constitutes a transfer of interest as contemplated by item 3 of the LLD.
2. The LLD remains in full force and effect with respect to WCTM 2S112AD Tax Lot 200 (200
t-tc
„ MI) and WCTM 2S112AD Tax Lot 300 (as adjusted). The legal description of both tax lots
Q is attached hereto as Exhibit A.
E-
3. The LLD shall become null and void with respect to T.L. 400 (as adjusted), the legal
description of which is attached hereto as Exhibit B.
4. This revision to Lot Line Declaration shall be duly recorded in the Washington County
Records.
5. No change may be made to the declarations contained herein without the express written
approval of the Trust or its successors or assigns and the City of Tigard, Oregon or its
successor.
6. The Trust agrees to indemnify, defend, and hold the City of Tigard harmless against any
claims, demands, or lawsuits that may be brought in relation to this agreement.
AKER .QECDRbI NG RETORN it:
CITY OF T IG ARD
13125 SW HALL &.VD.
TIGARD, 012 q'i223
, igloo Noe
The Sm i -mdly Trust
byf'
Joh . Smets, Co-trustee
`�-
c�
Marietta D. Smets, Co-trustee
The City of Tigard, an Oregon municipality
i
l
its: (.-, i >, + ).,S L,. , , -2', 1 1:L,_. fr I`i li)l` f, -
STATE OF OREGON )
) ss.
County of D)��.///i(iim< L,)
This instrument was acknowledged before me this /5 T-day of October, 1995, by John
E. Smets, as Co-trustee of The Smets Family Trust I.
i'
0,''",. OFFICIAL SEAL
c� f //L�
t+Iir, ", LRIDA E GREGG
kr„,:'," NOTARYPUBLIC-OREGON NOTARY PUBLIC OF ORE
COMMISSION NO.(OW, Commission Expires: //< -71
MY COMMIStrCY4 EXPIFEt Nov 2 1,A7
i.e.nwr.menabrisoffleeftsuireirofteWs.owamum.
STATE OF OREGON )
) ss.
County of pI c&rrmaY )
This instrument was acknowledged before me this // day of October, 1995, by
Marietta D. Smets, as Co-trustee of The Smets Family Trust I.
a 2efc /9- aatc
NOTARY PUBLIC OF OREGON
My Commission Expires: 8 95-7
STATE OF OREGON )
) ss.
County of WA5k1fc ?iv , )
_.This instrument was acknowledged before me this i? day of October, 1995, by
Jgrrne-5 N.P. Hendrix as The City of Tigard, Oregon.
f�+►.,� OFFICIAL SEAL �� �L i �� li.11.L'
C'I'm t DIANE M JELDERKS VOTARY PU C OF ORE O
•,: .., NOTARY PUBLIC-OREGON
®;�;� COMMISSION NO.046142 17
My Commissi•n Expires: 9 7
MY COMMISSION EXPIRES SEPTEMBER 07,1999
RE *iSION TO LOT LINE DECLARATION - 2
4400, *0i
EXHIBIT A
WESTLAKE
CONSULTANTS INC.
ENGINEERING • SURVEYING ♦ PLANNING Phone: 503 684-0652
Fax: 503 624-0157
Adjusted Tax Lot 2S 1 12AD 400
John E. Smets, Trustee
October 6, 1995
Project No.: 982-01-95
PROPERTY DESCRIPTION
A tract of land situated in the northeast one quarter of Section 12, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon also being a portion of Lot 4 of
Bonita Gardens, recorded in plat book 5, page 11 records of Washington County, being more
particularly described as follows:
Commencing at the southwest corner of that tract of land granted to John E. Smets, Trustee of
the Smets family trust in that document recorded as document 91-61228, Washington County
deed records;
thence, along the south line of said Lot 4 of said Bonita Gardens, South 89°20'42" West,
153.50 feet to the True Point of Beginning of this description;
thence, along said south line of said Parcel 4, South 89°20'42" West, 50.00 feet to the east
line of Sequoia Parkway as granted to the city of Tigard in the deed recorded as document
number 89-27151, Washington County deed records;
thence, along said east line of said Sequoia Parkway, North 0°29'12" West, 326.99 feet to the
south line of that tract of land described in the deed recorded in book 1013 page 923,
Washington County deed records;
thence, along said south line, along the arc of a curve to the left, having a radial bearing at
the Point of Beginning of South 24°23'56" West, a radius of a 100.00 feet, a central angle of
34°40'53", a long chord of South 82°56'30" East, 59.61 feet;
thence, North 79°43'03" East, 38.27 feet;
thence, leaving said south line of book 1013, page 923, South 0°29'12" East, 242.12 feet;
Ili Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard, Oregon 97224 Page 1 of 2
+N
Page 2 of 2
Property Description
Project No.: 982-01-95
thence, South 89°20'42" West, 11.80 feet;
thence, South 0°29'12" East, 8.67 feet;
thence, South 89°20'42" West, 35.00 feet;
thence South 0°29'12" East, 74.60 feet to the True Point of Beginning of this description.
Containing 27,461 square feet.
98201-lid
•
Page 2 of 2
y
EXHIBIT B
WESTLAKE
CONSULTANTS [NC.
ENGINEERING • SURVEYING ♦ PLANNING Phone: 503 684-0652
Fax: 503 624-0157
Adjusted Tax Lot 2S 1 12AD 300 & 200
John E. Smets, Trustee
October 6, 1995
Project No.: 982-01-95
PROPERTY DESCRIPTION
A tract of land situated in the northeast one quarter of Section 12, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon, also being a portion of Lot 4 of
Bonita Gardens, recorded in plat book 5, page 11, records of Washington County, being more
particularly described as follows:
Beginning at the southwest corner of that tract of land granted to John E. Smets, Trustee of
the Smets family trust in that document recorded as document 91-61228, Washington County
deed records;
thence, along the south line of said Lot 4 of said Bonita Gardens, South 89°20'42" West,
153.50 feet;
thence, leaving said south line, North 0°29'12" West, 74.60 feet;
thence, North 89°20'42" East, 35.00 feet;
thence, North 0°29'12" West, 8.67 feet;
thence, North 89°20'42" East, 11.80 feet;
thence, North 0°29'12" West, 242.12 feet to the south line of that tract of land described in
the deed recorded in book 1013, page 923, Washington County deed records;
thence, along the south line of said book 1013, page 923, North 79°43'03" East, 108.27 feet
to the west line of that tract of land described in the deed recorded as document number 91-
61228, Washington County deed records;
thence, along the west line of said 91-61228, North 0°29'12" West, 5.49 feet;
111 Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard, Oregon 97224 Page 1 of 2
, #
Page 2 of 2
Property Description
Project No.: 982-01-95
thence, North 89°20'42" East, 20.00 feet;
thence, South 0°29'12" East, 349.00 feet;
thence, South 89°20'42" West, 20.00 feet to the Point of Beginning of this description.
Containing 46,257 square feet.
.9820/-2.1d
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Page 2 of 2
SCALE 1117, 400'
MAP SEE MAP SEE MAP �1 6 ,
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2S 112A8 a 2S 112M
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