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91-069200 ~ Bonita Road 91069200 Washington County IRDIVIDUAL - GENERAL PARTNERSHIP CONSENT COVENANT (NONREMONSTRANCE AGREEMENT) Street Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purpose of improving the public street or streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the sublect of this consent covenant is described as follows: Bonita Industrial Park in the State of Oregon, County of Washington and more particularly described on the attached Exhibit "A!' IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (her) (their) hand(s) and seal(s) this 3rd day of October 1991 (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON County of Washington BE IT REMEMBERED, that on this A-ked day of October 1991 before me, the undersigned Noraty Public in and for the State of Oregon, personally appeared the within-named Milton O. Brown who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of October. 19 .91 �(Aj I 1&a�tit Nojpa(rm PtAlpc or Oregon (WITARIAL, SEAL) M��Mmissib-ft-lxpires: ;&j I h2" Approva,d an to le gal description this 281` day of d"04041! 19 9t By: Title: Approved this day of 19 lk� EXHIBIT "A!' N%X001 Page 1 of 6 PARCEL I: Beginning at the Northwest corner of the James H. Hicklin Donation Land Claim No. 43 in Township 2 South, Range 1 West, Willamette Meridian, and running thence East along the North line of Section 12, Township 2 South, Range I West, Willamette Meridian, 1584.3 feet to the Westerly boundary line of the Oregon Electric R.R. , thence South 41*13' East on said boundaryline 136.3 feet to an iron pipe, which iron pipe is the true place of beginning of the tract herein described. Thence from the above described true place of beginning South 41*13' East along the Westerly boundary line of the Oregon Electric R.R. Co. right-of-way 379.6 feet; thence continuing along said Railroad boundary line on a curve to the right (the long chord of which curve bears South 27*16' East 1018.5 feet) to an iron pipe on the North line of County Road No. 736, thence South 88*59' West along the North line of said County Road 230.3 feet to an iron pipe set for the Southeast corner of that certain 50 x 100 foot tract of land conveyed to the Trustee of the Bonita Sunday School by deed as recorded at page 587 of Volume 160, Washington County, Oregon Deed Records; thence North 1*01' West at right angles to said road 100 feet to an iron pipe at the Northeast corner of said Sunday School tract; thence South 88059' West 50.0 feet to an iron pipe at the Northwest corner of said Sunday School tract; thence South 1*01' East 70' to the Northeast corner of that tract conveyed to City of Tigard on November 22, 1965 in Book 578, Page 345, thence West along the North line of said tract 30' to the Northwest corner of said tract; thence 30' to the North line of Bonita Road, thence South 88*59' West along the North line of said County Road 406.6 feet to an iron pipe; thence North at right angles to the North line of said Section 12 a distance of 1203.9 feet to the place of beginning, and being a part of the same real estate conveyed to The Union Central Life Insurance Company by Deed dated January 22, 1940 and recorded in Book 186 of Deeds, page 517 of the Records of Washington County, Oregon, EXCEPT that portion in the Southwest corner conveyed to Frank Warlick, et al, on September 15, 1978 in Fee No. 78-043086. Re-recorded January 16, 1980, Fee No. 80001585 Washington County Records. EXCEPT that portion described as: Beginning at the Southeast corner of the Bonita Sunday School tract conveyed in Book 160, Page 587, Washington County Records, thence North 1*01' West along the East line of said tract and a continuation thereof 190 feet to a point, thence Easterly parallel with the North line of Bonita Road to the East line of the land conveyed to L.R. Davis and V. Fay Davis in Book 454, Page 440, Washington County Records, thence Southerly along said East line to the North line of Bonita Road, thence along said North line 230.3 feet more or less to the point of beginning. PARCEL II: Government Lots #5 and #6 in Section 1; Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, Excepting therefrom that portion lying within the boundaries of the Oregon Electric Railroad Right of Way and the Southern Pacific Railroad Right of Way and also excepting therefrom that portion of Government Lot #5 lying East of the Southern Pacific Railroad Right of Way. continued. . . NW10 I EXHIBIT "A" Page 2 of 6 PARCEL III: Beginning at an iron pipe on the North line of Section 12, Township 2 South, Range 1 West, Willamette Meridian, which beginning point bears East 1337.6 feet from the Northwest corner of the James Hicklin Donation Land Claim #43 and running thence East on the section line 246.7 feet to an iron pipe on the Westerly right of way boundary line of the Oregon Electric Railroad, thence South 41* 13' EAst along said Westerly boundary line 136.3 feet to an iron pipe; thence South to the Northeast corner of that certain tract of land deeded to Henry J. Claverie on the 25th day of June, 1959, recorded November 9, 1959, in Book 424, records of deeds of said county; thence Westerly to an iron pipe in the Westerly line of the J.B. Claverie Tract which iron pipe bears East 1337.6 feet and South 708 feet from the Northwest corner of the James Hicklin Donation Land Claim 943; thence Northerly 708 feet, more or less, to the place of beginning, Washington County, Oregon. PARCEL IV: Beginning at the Southeast corner of the Bonita Sunday School tract conveyed in Book 160, Page 587, Washington County Records, thence North 1* 01' West along the East line of-said tract and a continuation thereof 190 feet to a point, thence Easterly parallel with the North line of Bonita Road to the East line of the land conveyed to L.R. Davis -- V. Fay Davis in Book 454, Page 440, Washington County Records, thence Southerly along said East line to the North line of Bonita Road, thence along said North line 230.3 feet more or less to the point of beginning. PARCEL V: A strip of land Fifty feet in width, on the westerly side of and parallel with the Oregon Electric Railway Company's right of way, as the name is staked out and located over and across the lands of the said Sarah Calbreath situate in James Hicklin Donation Land Claim No. 43, County of Washington, State of Oregon and more particularly described as follows: Beginning on the Southerly line of said Sa rah Galbreath land, situate in James Hicklin Donation Land Claim numbered 43, in Section 12, Township 2 South, Range 1 West, Willamette Meridian, where said Southerly line is intersected by the Westerly line of the Oregon Electric Railway Company's right of way; thence Westerly, along said Southerly line of grantors land, a distance of Fifty feet; thence Northerly, always Fifty feet from and parallel to said Westerly line of right of way, a distance of Three Hundred feet; thence Easterly, and at right angles to said right of way, a distance of Fifty feet; thence Southerly, along said westerly line of right of way, a distance of Three Hundred feet, to place of beginning. (Being all that parcel described in deed recorded in Book 81 of Deeds, Page 430, records of said county.) continued. . . '14*� EXHIBIT "A" 44..W Page 3 of 6 PARCEL VI: Beginning at the Northwest corner of the James H. Hicklin Donation Land Claim No. 43, township 2 South, Range I West, Willamette Meridian, and running thence North 890 49' 25" East along the North line of Section 12, Township 2 South, Range 1 West, Willamette Meridian, 1584.67 feet to the Westerly boundary line of the Oregon Electric R.R. ; thence South 410 25' 34" East on said boundary line 136.3 feet to an iron pipe; thence from the above described iron pipe South 410 25' 34" East along the Westerly boundary line of the Oregon Electric R.R. Co. right-of-way 379.6 feet; thence continuing along said railroad right-of-way along the arc of a 2257.36 foot radius curve right (the long chord of which bears South 39054'19" East 119.82 feet) through a central angle of 3' 02' 30" 119.84 feet; thence continuing along said railroad right-of-way along the arc of a 2257.36 foot radius curve right (the long chord of which bears South 350 07' 01" East 257.32 feet) through a central angle of a 6*32'05" 257.46 feet to the True Point of Beginning of the tract herein described; thence continuing along said railroad right-of-way line along the arc of a 2257.36 foot radius curve right (the long chord of which bears South 29053'12" East 154.64 feet) through a central angle of 3055'33" 154.67 feet; thence continuing along said railroad right-of-way line along the arc of a 1736.73 foot radius curve right (the long chord of which bears South 27*55126" East 496.70 feet)Through a central angle of 16*26'34" 488 .41 feet to an iron pipe on the North line of County Road No.736; thence South 88*50'06" West along the North right-of-way line of said County Road 55.92 feet to a jog in the said right-of-way; thence along said road right-of-way North 01009'54" West 5.00 feet; thence continuing along said road right-of-way South 88050,06" West 174.80 feet to a point on the West line of that certain 50 x 100 foot tract of land -.-.,-ed to the Trustee of the Bonita Sunday School by deed as recorded at Page 587, vu.Lume 160, Washington County, Oregon Deed Records; thence North 1*09'54" West at right angles to said road 95 feet to an iron pipe at the Northeast corner of said Sunday School tract; thence South 88*50'06" West 50.0 feet to an iron pipe at the Northwest corner of said Sunday School Tract; thence South 01009'54" East 70.00 feet to the Northeast corner of that tract conveyed to the City of Tigard on November 22,1965 in. Book 578, Page 345, thence South 88*50'06" West along the North line of said tract 30.00 feet to the Northwest corner of said tract; thence South 01'09'54" WEst 25.00 feet to the North right-of-way line of Bonita Road; thence South 88*50'06" West along the North line of said County Road 114.20 feet to the Southeast corner of that parcel conveyed to Frank Warlick, et al, on September 15, 1978 in Fee No. 78-043086; thence the following bearings and distances along the Northeasterly line of said Warlick Parcel, North 08'30'25" West 137.18 feet, North 25*00'35" West 109.00 feet; thence leaving said Warlick property line North 33'38'29" East 445.50 feet to the True Point of Beginning. End of legal. See attached site maps. ffiIBIT "A" Page 4 of 6 SEE MAP ZS 1 1 - r 500 400 100 ••, I.*#AA 44SA0. dJ1Ae _� �>t001M00. ams �►� '0 .. o 'Kkk r =v .4 en ip C f C.B. by78 5601 N AG SEE MAP 23-74 2s 12A8 2� CC R RrE� FOR ASSESSM PURPOSES ON: DO NOT RELY FOR ANY OT41 300 496At tAsy oil WV F EKHIBIT r 'W► '°+,c 'X Page 5 of 6 500 y lh O 700 4 my AC. Sit SPUR (CS. 116B6 800 1 \� 0.90 AG'. 0 Boo-At 26514 I\Ir 0 e P� b l'.St}tl 1400 P.•aT.aC. 34 AC. O f so*sit w \ 4C' a�+ 1600 1700 tlAC, r At.AC 1 0!'Ot`w B N 1 TA (cR.73 .o a tic -i A l SEE MAP 2S t 12AC kp 5.00 Ac. EXHIBIT A Page 6 of 6 e �y ro. 01 1500 5_ 1. r ` x { 700 Rs2 AG .� y, ^s \ (CS !16961 aEE MAP S .�► •S{'12811 '' eoa / � d83 Ar- Boo-At G800-At a y r L. 1$00 15TAC 1300 t4Oo .� 2.4e Ar- .54 G.54 AG' s` tom. o Sr 7 O 1700 !JAG 172 AC aaa'ar+ \` cso so yn"'� STATE OF OREGON SS V 8 N I TA►