2018-016768 ~ 13163 SW 115th Avenue ~ 13147 SW 115th Avenue ~ 13185 SW 115th Avenue Washington County,Oregon 2018-016768
D-ER
Stn=9 B MAHER 0310912018 12:13:11 PM
$30.00 S11.00$5.00$20.00 $66.00
AFTER RECORDING RETURN TO: 1,Richard Hobernicht,Director of Assessment and Taxation and Ex.
CITY HALL RECORDS Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
City of Tigard recorded in the book of records of said county.
13125 SW Hall Blvd Richard Hobernicht,Director of
Tigard OR 97223 Assessment and Taxation Ex-Officio
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
(NO CHANGE)
This Imtnrnent filed for record by LI7V
Fidelity National Title as an accommodation
only. It has not been examined as to its
execution or as to its effect upon the title.
w7 This space is reserved for recorders use.
EASEMENT TERMINATION
This Easement Termination("Termination") is made effective �- I� 2018
("Effective Date") by and between BCS Development LLC("Grantor")and the City of Tigard,
an Oregon municipal corporation ("Gran eel Grantor and Grantee are collectively referred to as
the"(Parties)".
RECITALS
A. Grantor and Grantee entered into an easement dated July 20, 2017 as 2017-063008
("Easement"). The Easement, including a legal description of the real property it encumbers in
Washington County, Oregon, is attached and incorporated in Exhibit A.
B. Grantee has decided to terminate the Easement.
C. This Termination is intended to accomplish that Easement termination.
AGREEMENT
NOW,THEREFORE, in consideration of the mutual covenants and agreements
described in this Termination and for other good and valuable consideration,the receipt and
sufficiency of which are acknowledged,the Parties agree as follows:
1. Recitals True. Definitions Incorporated. The Parties acknowledge that the
Recitals above are true and accurate.
2. Easement Termination; Release. Grantor and Grantee agree that the
Easement is terminated, and Grantor releases to Grantee any rights it acquired under the
Easement.
3. Choice of Law. This Termination shall be governed by and construed in
accordance with the laws of the State of Oregon.
4. Duration. Unless otherwise canceled or terminated, and except as otherwise
provided herein, all of the rights granted in this Termination shall be perpetual.
EASEMENT TERMINATION,Page I of 3 50249-70711 BCSDeve1npmen1F_aremen1 TerminauonJG124'20I8
5. Binding Effect; Run with the Land. This Termination shall run with the land
and shall inure to the benefit of and shall be binding on Grantor and Grantee and their
respective heirs, representatives, administrators, lessees, successors and assigns.
6. Headings. The headings herein are inserted only as a matter of convenience
and for reference and in no way define, limit or describe the scope or intent of this document nor
in any way affect the terms and provisions hereof.
7. Counterpart Signatures. This Termination may be executed in counterparts,
which taken together shall constitute a fully executed agreement.
8. Recording. This Termination or an other document contemplated in this
g Y P
Termination may be recorded by either party. The party submitting the document for recording
shall pay the recording fee.
By their signatures below, Grantor and Grantee execute this Termination as of the
Effective Date.
GRANTOR GRANTEE
BCS Development LLC City of Tigard, an Oregon municipal
corporation
By: Bye,'
Name: Name:
Its: Its:
[Acknowledgements Follow on Next Page]
EASEMENT TERMINATION, Page 2 of 3 50149-70711 BCS Development Easement TerminationVG 2 62018
STATE OF o )
ss.
County of
This instrument was acknowledged before me on b ,z''W, by
nnon as Ap.,A b Lr-- of BCS Development LLC.
OFFICIAL STAMP
SAMANTHA ANN MCKENNET
NOTARY PUBLIC-OREGON
COMMISSION NO. 951715 NOTARY PUBLIC FOR
MY COMMISSION EXPIRES JULY 11,2020 My Commission Expires:
STATE OF OREGON )
) SS.
County of
Zbl d
This instrument was acknowledged before me on ffL2&N', by
LIC-1
Ek-� as i f City of Tigard.
\13 A, vj::�2--to 44�L�
OFFICIAL STAMP NOTA Y PUBLIC FOR OR
pLpplAlIALLELYPIN20NMARIN My Commission Expires:
NOTARY PUBLIC•OREGON
COMMISSION NO.967913
MY COMMISSION EXPIRES OCTOBER 17,2021
EASEMENT TERMINATION, Page 3 of 3 50249-70 711 BCS Development Easement Termination VG 2 6 2018
i
Exhibit A
Rc116M RIA(XtIWD lxx't W.N—r 10-
Ct"HALL lttl('ORDS l)#l.1R'I'N1J4'l.
C1T%'OF nG4,RD
13125 SN Ila9 Blvd,
Tlrard.OR 9=3
TAM Memo filed for mad by LM
Aletlolt1 Ta as to we ommodow
only. It hoer nal bw ttltalltW as to ns
psalm or n b Me 11lhot won ft no
F.ASF,MF NT
SANITARY SEWER-PERMANENT
Sraoc&Nnc rcwt%vd kw Wwhmglan Cmuw,%Rcvmdmg Information
hereinafter called the Gratuors,
grant and convey unto the City of Tigard a perpetual easement for constructing. reconstructing, operating, maintaining.
inspecting.and repairing of an underground sewer line and appurtenanom together with the right to remove.as necessary.
vegetation.foliage,trees.and other obstructions on the parcel of land described in the attached Exhibit"A"situated in the
City of Tigard.Washington County.State of Oregon.
THE TRUE CONSIDERATION for this conveyance is S„¢,,t1¢_. 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,tick,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 prernises, Grantee agrees that if arid Gnutoe, 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 HA V L AND TO HOLD the above-described and granted premises unto said Grantee,its successors.and assigns forever.
f'1tWIT)yESS 1A'HFREOF,I hereunto set my hand on this 1� I� day of )L� i 7A 1 7
`� J
.1 ✓ _ _
Signature Signature
1
STATE OF OREGON I
County of M'ashm" l
This instrumaM was xktxtwled lxfote me oat ~ q �
- (nameofpersoa(st).
t]f�7C1AL 8TA1tP
MOl�iigtllBCKB1BYWr1 No(aNs igtmture r
1t01M111f HIJ�IC•OI�OON
t 1 ma�n My Commission E.xpircs: L
W COMmesom MI N JULY M SD19 —
Accepted on behnlf of the City of Tigard this A day of .24)
Cite F.nginea
NO CHANGE IN TAX tifATEMENT
EXHIBIT A, Page 1 of 3 50249-70711 BCS Development Easement Termination JG 262018
CMT SURVEYING AND CONSULTING
0'36 SE ST HELENS ST SATE A PO 9M 3251.a-ACKAMAS, Ot 97015 PHONE WJ-SW-an FAX SO.7-850-46"
CLIENT BRUCE SINK£Y #
ADDRESS. S.W 115TH AVENUE
LEGAL: N/A
DRAWN "c 7/12/2017
JOB N0: 500-283 1. - 30•
Docu
NO,
S 7 2009,1ok
3
X83 , Ir POINT o BEGINNING
SANITARY SEWER EASEWNT TO / / __
BENEFIT
3.062TvC T SQUARETY OF FEET
1`
TRACT 1
DEED DOCUMENT
N0. 2016-108x81
1'V• h/
ry,b /
Ze b� h
3 TRACT 2
n/ DEED DOCUMENT
ui
TRACT 1 h/ „07° NO. 2017-005105
DEED DOCUMENT 4,/ ti^
NO. 2017-005105 k
w �� a
/ ti REgSTERED
on
(hr h PE4I I4_,5,�_y ti� PROFESSIONAL
Zqy/ LAN SURVEY R
42.25• _ S 89'41.14" W /
Z N JSZ? _ 3603__y
QT 3 $`
OREGON
x.94 JULY 12, 2005
SHAUN P. IDLER
tor 50333
RENEWAL DATE DECEMBER 31, 1017
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF TRACT T OF DOCUMENT N0. 2016-108961 AND AIM A PORTION OF !
TRACT 1 OF DOCUIIDIT NO. 2017-005105, WASHINGTON COUNTY DEED RECORDS,
LOCATED M THE SOUTHWEST ONE-QUARTER OF SECTION 3. TOMNSW 2 SOUTH,
�._---RANGE 1 WEST, OF THE WN,LAIETTE MERIDIAN, WASHINGTON COUNTY, OREGON ---fit
EXHIBIT A, Page 2 of 3 50119-70711 BCS Development Easement TerminatiomJG162018
CUTSURVEYING&CONSULTING INC
ALLY 12.2017 PROJECT NO !M291
LEGAL DESCRIPTION
PROPOSED SANITARY SEWER EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTHO EST ONE-QUARTER OF SE(7t70N 3,TOWNSHIP 2 SOUTH.
RANGE I WEST.OF THE W IL LAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON,BEING A PORTION
OF THE PROPERTY DESCRIBED AS TRACT I IN DOCUMENT NO. 2016-108%1 AND At cn A PC*nON OF
THE PROPERTY L-SLAMED AS TRACT I IN DOCUMENT NO 1017-005105.WASHINGTON COUNTY DEED
RECORDS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DOCUMENT NO.2016105961 WHICH BEARS
NORTH 75'N'22'"WEST 25.25 FEET FROM THE NORTHEAST CORNER THEREOF;THENCE LEA%ING SAID
NDRTH UNE,SOUTH 2219'03•'WEST.73 35 FEET TO AN ANGLE POINT 114 THE SOUTHEASTERLY LINES
OF SAID DOCUMENT 140,20174)D5 105-.THENCE ALONG THE SOUTHEASTERLY UNE THEREOF,SOUTH
22'39'03'WEST,41.64 FEET TO AN ANGLE POINT THEREIN;THENCE LEAVING SAID SOUTHEASTERLY
LINES,SOUTH 2239'03"WEST.40.63 FEET:T HENCk SOUTH 29°41'N-WEST.36.03 FEE]-TO A POINT ON
THE SOUTH UNE THEREOF;THENCE ALONG SAID SOUTH LEVE,NORTH 75"08'22''A'ES1.22 33 FEET to
A POINT.THENCF LEAVING SAID SOUTH LINE. NORTH 14"51'31'•EASI.949 FEET.THENCE.NORTH
89'41'14"VAST.43.22 FEET;THENCE NORTH 22.32'17'EAST.$1.57 FEE'[ TO THE MOST SOUtHERLV
CORNER OF SAID DOCUMENT NO. 2016.108%1: THENCE ALONG THF SOUTHERLY LINE THEREOF,
NORTH 22'32"IT EAST.14.97 FEET TO AN ANGLE POINT THEREIN.THFNCF.LEAVING SAID SOU7HERLY
LINE.NORTH 22.32-17-FAST.6304 FEET TO A POINT ON THE NORTH UNE OF SAID DOCUMENT NO.
2016108%1;THENCE ALONG SAID NORTH PROPERTY UNE,SO1tTH 75108"27-EAST.15.38 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3 062 SQUARE FFFT,MORE OR LESS-
THE BASIS OF BEARINGS FOR THIS DFSCR1rllOv IS PER DOCUMENT NOS.201 W 108%1 AND 2Ui 74X15105,
WASHIW#`TON COUNTY DEED RECORDS.
REGISTERED
PROFESSIONAL
LAND_SURVEYO
OREGON
ALLY 12, 2005
SMAUN P, FIOLER
50333
RENEWAL DATE DECEVBER 31. 20'7
9136 SE St Helens St Suite J• PO Box 3251 •Clackamas,OR 97015
171503.850.4672 •IFI 503.850 4590
EXHIBIT A, Page 3 of 3 50149-70711 BCS Development Easement 7'erminationVG 26 2018