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2017-019763 ~ Aubergine Terrace ~ Roy Rogers Road Washington County,Oregon 2017-019763 S Stn---O S AKINS 03/10/2017 02:19:31 PM After Recording Return Recorded Document to: $40.00$11.00$5.00$20.00 $76.00 City Records-City of Tigard 13125 SW Hall Blvd. I,Richard Hobernicht,Director of Assessment and Taxation and Ex. Officio County Clerk for Washington County,Oregon,do hereby Tigard,OR 97223 certify that the within instrument of writing was received and recorded in the book of records of said county. aNo change in tax statements. Richard Hobernicht,Director of —9+ Assessment and Taxation,Ex-Officio Project/File No. f'2( lot 5 - 040©°5- This instrument filed for record by LEX/ Fidelity National Title as an accommodation only. It has not been examined as to its execution or as to its effect upon the title. EASEMENT WATERLINE-PERMANENT William Lyon Homes, Inc., a California corporation ("WLH"), and River Terrace Northwest Homeowners Association, an Oregon nonprofit corporation (the"Association,"and together with WLH,hereinafter collectively called the"Grantors"), grant, convey, and transfer unto the City of Tigard, a municipal corporation of Washington County, Oregon hereinafter referred to as "Grantee", its successor and assigns forever, a permanent easement over and upon the following described real property,to wit: See Exhibit A attached hereto and incorporated herein by this reference. This easement shall be for the construction, maintenance, and repair of an underground pipeline and/or mains for the purpose of conveying water over, across, through, and under the hereinabove described real property and shall include the perpetual right to enter upon said real property at reasonable times,together with the right to excavate and refill ditches for the location of said pipelines and/or mains, and the further right to remove all obstructions interfering with the location,construction,and maintenance of said pipeline and/or mains. The true consideration for this conveyance is$0.00 . However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. It is expressly understood that this easement does not convey any right,title,or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated,the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the case of such event. To have and to hold the above-described and granted premises unto said Grantee, its successors, and assigns forever. The granting of the easement described herein by the Association was approved in accordance with ORS 94.665. {00635440;3} Easement—Waterline—Permanent Page 1 of 3 After Recording Return Recorded Document to: City Records-City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 0 No change in tax statements. Project/File No. ID k 1°1S— 61":3°5. This instrument filed for record by LEX/ Fidelity National Title as an accommodation only. ft has not been examined as to its execution or as to its effect upon the title. EASEMENT WATERLINE -PERMANENT William Lyon Homes, Inc., a California corporation ("WLH"), and River Terrace Northwest Homeowners Association, an Oregon nonprofit corporation (the"Association," and together with WLH, hereinafter collectively called the "Grantors"), grant, convey, and transfer unto the City of Tigard, a municipal corporation of Washington County, Oregon hereinafter referred to as "Grantee", its successor and assigns forever, a permanent easement over and upon the following described real property,to wit: See Exhibit A attached hereto and incorporated herein by this reference. This easement shall be for the construction, maintenance, and repair of an underground pipeline and/or mains for the purpose of conveying water over, across, through, and under the hereinabove described real property and shall include the perpetual right to enter upon said real property at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines and/or mains, and the further right to remove all obstructions interfering with the location, construction, and maintenance of said pipeline and/or mains. The true consideration for this conveyance is$ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. It is expressly understood that this easement does not convey any right,title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. In consideration of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated,the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the case of such event. To have and to hold the above-described and granted premises unto said Grantee, its successors, and assigns forever. The granting of the easement described herein by the Association was approved in accordance with ORS 94.665. {00635440;3; Easement—Waterline—Permanent Page 1 of 3 !. IN WITNESS WHEREOF,I hereunto set my hand on this CO day of March,2017. GRANTORS: WILLIAM LYON HOMES, INC., a California corporation By: `--- Fre Gast, S- I Vice President— D' ision Pr :ent RIVER 1'LRRACE NORTHWEST HOMEOWNERS ASSOCIATION, an Oregon nonprofit corporation By: Sandy Kohl, President a y±:ecryeta: B �ySteve Martoran Accepted on behalf of the City of Tigard this 9 day of hl`/! . ,20/7 A// if / /, 41/ _ tility M. (Acknowledgments on Following Page(s)) {00635440,3} Easement—Waterline—Permanent Page 2 of 3 IN WITNESS WHEREOF, I hereunto set my hand on this La day of March, 2017. GRANTORS: WILLIAM LYON HOMES, INC., a California corporation By: Fred Gast, Senior Vice President— Division President RIVER TERRACE NORTHWEST HOMEOWNERS ASSOCIATION, an Oregon nonprofit corporation By: \\4&kvdik/c..._VAL.---R Sandy Kohl resident By: Steve Martorano, Secretary Accepted on behalf of the City of Tigard this day of , 20 Utility Manager (Acknowledgments on Following Page(s)) {00635440;3} Easement—Waterline—Permanent Page 2 of 3 STATE OF IIVOISMit In ) County of Cha ) The foregoing instrument was acknowledged before me on March,,2017, by Fred Gast, Senior Vice President - Division President of Williams Lyon Homes, Inc., a California corporation, on behalf of the corporation. Notary Public State of Washington 41-4111/11 �Ap��� NICHOLE L THORPE 1 My Commission Expires Notary Public for lAhd h(n May 23,2020 My Commission Expires: �� 73/2.91.-0 STATE OF V\104 14(114() ) County of Uka ) Lkti The foregoing instrument was acknowledged before me on March, 2017, by Sa 1€o rl- -and- Steve Martorano, the 1?resideat-mom Secretary, lospecti4aly, of River Terrace Northwest Homeowners Association, an Oregon nonprofit corporation, on behalf of the nonprofit corporation. Notary Public ft (! 1144:;+:„ State of Washington Notary Public forgsh(n ft 'i NICHOLE L THORPE My Commission Expires:M614/ ,�2JLv My Commission Expires 1 May 23,2020 {00635440;3} Easement-Waterline-Permanent Page 3 of 3 STATE OF ) County of ) The fore:d ing instrument was ac owledged before me on M..ch, 2017, by Fred .st, Senior Vice P.esident — Division P sident of Williams Lyon 'omes, Inc., a Ca • ornia corporation, • behalf of the corporal. n. Notary Public for My Commission Expires: STATE OF O,C2( U'v ) County of L/ Av • ) • (0 The foregoing instrument was acknowledged before me on March, 2017, by Sandy Kohl the President . -: •, . • • , of River Terrace Northwest Homeowners Association, an Oregon nonprofit corporation, on behalf of the nonprofit corporation. ( O- OFFICIALIAL AL STAMP-'s- _-.? Notary Public for 6k--6-61J, j TONS MSTANHOPE () My Commission Expires: ((11041 7 No : 1,OBL'C-OREGON {) COMI.� ON NO.920658 ) MY C0MMISS1011 EXP!RES OCTOBER 02,2017 9 {00635440;3) Easement—Waterline—Permanent Page 3 of 3 Pacific Community Design EXHIBIT A January 25, 2017 LEGAL DESCRIPTION Job No. 395-041 Waterline Easement A waterline easement within Lot 169, Lot 170, Tract E, and Track K, plat of "River Terrace Northwest", Washington County Plat Records, situated in the Southeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as follows: BEGINNING at the Northwest corner of said Lot 170; thence along the easterly Right-of-Way line of SW Aubergine Terrace, along a 1262.50 foot radius curve, concave easterly, with a radius point bearing North 88°49'52" East, arc length of 15.00 feet, central angle of 00°40'51", chord distance of 15.00 feet, and chord bearing of North 00°49'43" West; thence parallel with and 5.00' northerly of the northerly line of said Tract E, North 89°03'30" East, a distance of 20.00 feet; thence leaving said parallel line, South 00°56'30" East, a distance of 1.00 feet; thence parallel with and 4.00' northerly of the said northerly line, North 89°03'30" East, a distance of 37.00 feet; thence leaving said parallel line, North 00°56'30" West, a distance of 1.00 feet; thence parallel with and 5.00' northerly of said northerly line, North 89°03'30" East, a distance of 22.50 feet to a point on the westerly Right-of-Way line of SW Roy Rogers Road (County Road No. 3150); thence along said westerly Right-of-Way line, along a 1182.89 foot radius non-tangential curve, concave easterly, with a radius point bearing North 89°32'33" East, arc length of 20.00 feet, central angle of 00°58'08", chord distance of 20.00 feet, and chord bearing of South 00°56'31" East; thence parallel with and 5.00' southerly of the southerly line of said Tract E, South 89°03'30" West, a distance of 22.50 feet; thence leaving said parallel line, North 00°56'30" West, a distance of 1.00 feet; thence parallel with and 4.00' southerly of said southerly line, South 89003'30" West, a distance of 39.16 feet; Page 1 of 3 12564 SW Main Street,Tigard,OR 97223♦ [T]503-941-9484[F]503-941-9485 thence leaving said parallel line, South 00°56'30" East, a distance of 1.00 feet; thence parallel with and 5.00' southerly of said southerly line, South 89°03'30" West, a distance of 17.85 feet to a point on said easterly Right-of-Way line; thence along said easterly Right-of-Way line, along a 1262.50 foot radius non-tangential curve, concave easterly, with a radius point bearing North 88°36'15" East, arc length of 5.00 feet, central angle of 00°13'37", chord distance of 5.00 feet, and chord bearing of North 01°16'57" West to the POINT OF BEGINNING. Containing 1,514 square feet, more or less. Basis of bearings per the plat of "River Terrace Northwest", Washington County Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR --' 1 /22^_. OREGON JULY 9, 2002 TRAVIS C. JANSEN 57751 RENEWS:6/30/2017 Page 2 of 3 Pacific Community Design,Inc. 12564 SW Main Street,Tigard,OR 97223♦ [1]503-941-9484[F]503-941-9485 TRACT D I 166 Lu 0 Q cc 167 W w 27.00' Z - 5 x Lu m 168 Y o Q U M c co F- U 169 N00'56'30"WN89'03'30"E a 1.00' in Ln S00'56'30"E o 0 22.50' co R=1262.50' N89'03'30"E� 1.00' o q L=15.00' 20.00' + N89'03'30"E 37.00' o ,6, 0'40.51" w CH=15.00' o I N00'49'43"W cc POB lI TRACT E 1 tco t R=1182.89' m 589'03'30"W R=1262.50' S89'03'30"W 39.16' L=20.00' � d L—5.00 17.85' 4". N00'56'30"W cm � D'58'08" 4 '13'37" 0 0 1.00' o CH=20.00' 0. CH=5.00' o q S00'56'31"E N01'16'S7"W 170 SO0'56'30"E S89'03'30"W 1.00' 22.50' 0 0 m N 171 I 27.00' RIVER TERRACE NORTHWEST 172 N a c I 173 c, 0 3 EXHIBIT A WATERLINE EASEMENT 0 DRAWN BY: GPS DATE: 1/25/17 REVIEWED BY: TCJ DATE: 1/25/17 '' 41111.1...m."1441144\au , 12564 SW Main St PROJECT NO.: 395-041 Pacific Tigard, OR 97223 Communis [T] 503-941-9484 Z SCALE : 1"=20' y [F] 503-941-9485 Design PAGE 3 OF 3 : ,,,