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Assignment of Easements RECORDED 2018-039151 (2) Name of Document For Recording:Assignment of (For County Recording Use Only) Easements Assignor:City of Lake Oswego, PO Box 369, Lake Oswego,OR 97034 Assignee:City of Tigard,13125 SW Hall Blvd., Clackamas County Official Records 2018-039151 Tigard,OR 97223 Sherry Hall, County Clerk Consideration:$0.00,together with other good and 06/27/2018 10:48:03 AM valuable consideration. D-EAS Cnt=15 Stn=76 JANIS Tax Statement to be mailed to: Not applicable;ORS $40.00$70.00$16.00$10.00$62.00 $198.00 307.090 Statutory Recordation Authority:ORS 205.130(3) (d),93.710(1). After Recording, Return To:City Manager,City of Tigard, 13125 SW Hall Blvd.,Tigard,OR 97223 ASSIGNMENT OF EASEMENTS Assignor: City of Lake Oswego, an Oregon municipal corporation 380 A Avenue Lake Oswego, Oregon 97034 Assignee: City of Tigard, an Oregon municipal corporation 13125 SW Hall Blvd Tigard,Oregon 97223 City of Lake Oswego, an Oregon municipal corporation ("Assignor"), does hereby assign and set over to City of Tigard, a municipal corporation, ("Assignee"), an undivided 18/38ths interest in the following described easements("Easements"), it being the Assignor's intention to create a tenancy in common in the described Easements between Assignor and Assignee,with Assignor retaining an undivided 20/38ths interest, and Assignee having an undivided 18/38ths interest: See attached Exhibit A. Limitations: 1. Assignee's rights are subject to the terms and obligations of the Easements as stated therein, as well as the terms and conditions of the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation entered into between the parties on August 6, 2008, as amended to date, and as may be amended by the parties in the future(the"IGA"), as well as any future agreement between the parties relating to the Easements. 2. Neither Assignor nor Assignee may seek or obtain a partition of the Easements or may sell, transfer or assign its undivided interest, in part or whole, in the Easements without the other party's prior written consent, and in compliance with the terms and provisions of the IGA, or any future agreement between the parties. 3. These restrictions shall run with the easement rights and inure to the benefit of and be binding upon all parties having or acquiring any right,title, interest or estate therein. Page 1 of 8—ASSIGNMENT OF EASEMENTS Consideration for Easement: $0.00; however,there is other good and valuable consideration that is the whole hereof, as stated in the IGA. IN WITNESS WHEREOF,the undersigned Assignor has hereunto executed this Assignment of Easement on the date stated below. DATED: 9ur<e_ (3( , 2018. CITY OF LAKE OSWEGO, an Oregon Municipal Corporation pitd By: Meg n helan,Acting City Manager STATE OF OREGON ) ss. County of Clackamas ) 44k- On this L( ' day of J UAB , 2.0j5, before me the undersigned Notary Public, personally appeared Megan Phelan, personally known to me to be the person who executed the within instrument as Acting City Manager of the City of Lake Oswego, pursuant to authority, and acknowledged to me the execution hereof. OFFICIAL STAMP Notary Pub of:r: / > KARI LEA LINDER V A. V D/L I , a, fy My Commission ,�� NOTARY PUBUC-0OREGON Nr COMMISSION NO.969708 MY COMMISSION EXPIRES DECEMBER 18,2021 ///// ///// Page 2 of 8—ASSIGNMENT OF EASEMENTS This document is accepted pursuant to authority and approved for recording. DATED: ZLe"L f ,2018. CITY OF TIGARD, an Oregon municipal Corporation By: Marty Wine, City Manager STATE OF OREGON ) ss. County of Washington ) On this 621.frday of TL)t'1Q_ , d1 D 1 g , before me,the undersigned Notary Public, personally appeared Marty Wine, personally known to me to be the person who executed the within instrument as City Manager of the City of Tigard, pursuant to authority,and acknowledged to me the execution hereof. Q Notary Public&Oregon OFFICIAL STAMP My Commission Expires: Dol/ t a/aza i -. KELLY E BURGOYNE +k7r NOTARY PUBLIC - OREGON t COMMISSION NO.958991 MY COMMISSION EXPIRES FEBRUARY 12.2021 Page 3 of 8—ASSIGNMENT OF EASEMENTS EXHIBIT A 1. Name: Permanent Waterline Easement Grantor: TRC Oswego Village, LLC, an Oregon limited liability company Grantee: City of Lake Oswego,an Oregon municipal corporation Entered: January 5, 2016 Awarded pursuant to a Stipulated Final General Judgment signed on December 31, 2015, by Circuit Court Judge Michael C.Wetzel, and entered on January 5, 2016, in the matter of The City of Lake Oswego, an Oregon municipal corporation vs. TRC Oswego Village, LLC, and Clackamas County Circuit Court Case No. CV15030140, and described on the attached Exhibit A-1. 2. Name: Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 16, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052971, Clackamas County Official Records As amended by Name: First Amendment to Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 7, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044771 3. Name: Permanent Subsurface Waterline Easement Grantor: Mike Rails, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052970 As amended by Name: First Amendment to Easement Grantor: Mike Rails, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044772, Clackamas County Official Records 4. Name: Easement for Vegetation and Fence Grantor: Liselotte Scheu Grantee: City of Lake Oswego, a Municipal Corporation Dated: May 6, 2015 Recording Date: May 13, 2015 Page 4 of 8—ASSIGNMENT OF EASEMENTS Recording No.: 2015-027989, Clackamas County Official Records 5. Name: Permanent Waterline Easement Grantor: Mid-Century Apartments, LLC, an Oregon limited liability company, as to an undivided 85%interest, and Bay Roc Oswego RE, LLC, an Oregon limited liability company, as to an undivided 15%interest Grantee: City of Lake Oswego, a Municipal Corporation Dated: April 24, 2015 Recording Date: May 5, 2015 Recording No.: 2015-026086, Clackamas County Official Records 6. Name: Permanent Waterline Easement Grantor: Oswego Lender, LLC, a Delaware limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 13, 2015 Recording Date: February 19, 2015 Recording No.: 2015-008553, Clackamas County Official Records 7. Name: Permanent Waterline Easement Grantor: Julia A. Delacour,Trustee under the Julia Delacour Revocable Living Trust dated the 13th day of April, 1992 Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 3, 2015 Recording Date: February 5, 2015 Recording No.: 2015-006127, Clackamas County Official Records 8. Name: Permanent Waterline Easement Grantor: Lake Oswego Hunt, Inc. Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 19, 2014 Recording Date: January 8, 2015 Recording No.: 2015-000965, Clackamas County Official Records 9. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003127, Clackamas County Official Records 10. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003128, Clackamas County Official Records Page 5 of 8—ASSIGNMENT OF EASEMENTS 11. Name: Permanent Waterline Easement Grantor: City of Gladstone, a Municipal Corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: October 15, 2013 Recording Date: November 15, 2013 Recording No.: 2013-077327, Clackamas County Official Records 12. Name: Permanent Waterline Easement Grantor: School District No 106 as to the portion of those tracts of land conveyed by deed recorded at Book 225, Page 358, Clackamas County deed records and Lake Grove School District 106 as to the portion of those tracts of land conveyed by deed recorded at Book 434, Pages 473 and 477, Clackamas County deed records, Clackamas County, Oregon, a municipal corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: November 8, 2012 Recording Date: December 7, 2012 Recording No.: 2012-080698,Clackamas County Official Records 13. Name: Easement No. 50653-EA S&S Pipeline Grantor: State of Oregon, by and through its Department of State Lands Grantee: City of Lake Oswego Dated: October 10, 2012 Recording Date: November 9, 2012 Recording No.: 2012-074058,Clackamas County Official Records 14. Name: Pipeline Easement Grantor: State of Oregon through its State Highway Commission Grantee: City of Lake Oswego Dated: March 5, 1968 Recording Date: March 18, 1968 Recording No.: 68-4808 15. Name: Pipeline Easement Grantor: Mary S.Young Grantee: City of Lake Oswego Dated: February 23, 1968 Recording Date: March 18, 1968 Recording No.: 68-4809 Page 6 of 8—ASSIGNMENT OF EASEMENTS EXHIBIT A-1 City of lake Oswego September 4, 2014 Water Pipeline Easement Lake Oswego Work Order Number 120 OBEC Project Na. 625-003-21E10AA-4100„4200„ 4300. 4390&4900 Permanent Waterline Easamerit A tract of fend in the Northeast Ore-Quarter of Section 10,Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County,Oregon. being a portion of that real preperty conveyed to TRC Oswego Village, LLC,a Delaware limited liability company by Statutory Spacial Warranty Deed recorded as Document No, 2013-070130, Clackamas County Deed Records, being more particularly described as follows: Commencing at the southeasi corner of Lot 1, Stock 7, °Plat of Oswego,"Clackamas County Plat Recerds, said point being on the northerly right of way line of Leonard Street: Thence, along said northerly right of way fine, South 81'05'52"East, 29_13 feel to the True Point of Beginning; Thence, ieavirig Said northedy right of way line, North a.061 g'East.21921 feet: Thence North 36°06'52"West. 11.35 feet; Thence North 81'08'52"West, 125.68 feet Thence North 6955'18'' West, 40.33 feet; Thence North 816•07'4r West, 92.58 feet: Thence North 9°50'55° East, 252_84 feet to the northerly line of the herein referenced real property; Thence, along saki northerly line. South 81°08'06° East,25_01 feet Thence, leaving said northerly line,South 9°50'55'West, 227,90 feet; Thence south 31t'0T4T East, 5L44 feet: Thence South 8958118° East.40.02 feet Thence South 81'08'5241E3st, 158.81; Page 7 of 8-ASSIGNMENT OF EASEMENTS Thence South 913619"West.252,23 feet to the northerly right of way line of Leonard Street; Thence, aging said northany-right of way line,North/31"06'52*West,axe feet to the True Pant of Beginning. Containing 18,673 square feet,more or less. Beatings based on Oregon State Mane Coordinate System, North Zone 3601. .1emayeka -8: ! PROFESSIONAL LAND SURVEYOR ..........._ - _1 OREGON - - ---- 1 .4ny mow . ,.. WAYNE H. DONOVAN :REttirNS;OEC.i.31 2015 sIGNED:....,....-Z4 -...___.... Page 8 of 8-ASSIGNMENT OF EASEMENTS