Highlands Assoc, Ltd., Casa La Veta Assoc, LP, Charles Dean John & Marjorie Ann Joh Of John Family Trust, Darius Irani As Trustee Of Irani Trust, Janette Fulton Doty Trustee Of C. Leroy Doty Living Trust And Barbara Van Buren Hauser ~ AG191001 PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement("Agreement") is made and entered into by and
between Highlands Associates, Ltd., a California limited partnership(undivided 35%),Casa La
Veta Associates,LP, a California limited partnership (undivided 48.5%),Charles Dean John and
Marjorie Ann John, as Trustee of the John Family Trust under Declaration of Trust dated
December 31, 1989,as amended(undivided 4.125%),Darius Irani,as Trustee of the Irani Trust
under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%),Janette Fulton
Doty,Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust,under Declaration
dated July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser, Trustee of the Hauser
Family Living Trust, dated January 10, 2007, as amended(undivided 4.125%),all as tenants in
common(collectively "Seller"), and Town Center Development Agency of the City of Tigard, an
ORS 457 Urban Renewal Agency("Buyer"). This Agreement is effective as of the date it is
fully executed by Seller and Buyer(the"Effective Date").
RECITALS
A. Seller is the owner of real property located in the city of Tigard, county of
Washington, state of Oregon, at 9270 SW Maplewood Drive, as more fully described on the
attached Exhibit A(the "Apartment Property"). Buyer desires to purchase a strip of land within
the Apartment Property containing approximately 2,373 square feet as more fully described on
the attached Exhibit B (the "Property")from Seller, and Seller desires to sell the Property
together with all rights,privileges, easements,tenements, hereditaments, rights of way and
appurtenances that belong or appertain to the Property and are owned by Seller to Buyer,upon
the terms and conditions hereinafter set forth.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are all hereby acknowledged by each of the parties hereto, the parties agree
as follows:
1. DEFMTIONS. For the purposes of this Agreement the following terms, which
are not otherwise defined in this Agreement, will be defined as follows:
(a) "Close" and "Closing" means the date the Deed is recorded in the official records
of Washington County, Oregon. The Closing of the transaction contemplated under this
Agreement, is to be before or on the date that is 180 days from the Effective Date of this
Agreement,unless extended as follows:
(1) Upon at least three(3)business days'prior written notice to Seller,
and upon payment of$500,Buyer may extend the Closing Date an
additional 30 days. Such$500 payment shall be made to Seller directly by
Buyer. If Buyer extends the Closing Date under this Section, such$500
payment shall not be deducted from the Purchase Price and shall be non-
refundable to Buyer in the event the parties do not Close the transaction
contemplated by this Agreement.
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(2) Upon at least three (3)business days'prior written notice to Seller,
and upon payment of$500, Buyer may extend the Closing Date a second
time for an additional 30 days after the first extension. Such $500 payment
shall be made to Seller directly by Buyer. If Buyer extends the Closing
Date under this Section, such $500 payment shall not be deducted from
the Purchase Price and shall be non-refundable to Buyer in the event the
parties do not Close the transaction contemplated by this Agreement.
(3) By written consent signed by both Buyer and Seller.
(b) "Title Company" means WFG National Title Insurance Company,Attn: Trevor
Cheyne, 25 N.W. 23rd Place, Suite 1, Portland, Oregon 97210.
(c) "Title Report" means a written report from the Title Company indicating the
status of title to the Property, together with legible copies of all recorded documents referred to
therein relating to or affecting title to the Property.
2. PURCHASE AND SALE. Seller hereby agrees to sell, and Buyer hereby agrees
to purchase fee title to the Property for the consideration and subject to the terms,provisions, and
conditions set forth in this Agreement.
3. OPENING OF ESCROW. For the purposes of this Agreement, the escrow will
be deemed opened on the Effective Date. Buyer shall open escrow and pay all escrow costs as
more fully described herein.
4. PURCHASE PRICE. The aggregate purchase price for the Property(the
"Purchase Price") shall be $63,311.64. The Purchase Price shall be due and payable at Closing,
by depositing with Title Company, subject to any credits, prorations and adjustments provided
hereby, immediately available funds.
5. PROPERTY CONDITIONS. Buyer's obligation to purchase the Property is
contingent upon the conditions set forth in this Section 5 (the "Property Conditions")being
waived or satisfied on or before the dates provided for below. Buyer may terminate this
Agreement at any time prior to the dates provided in this Section 5 by providing Seller with
written notice that Buyer has determined, in Buyer's sole and absolute discretion, that any of the
Property Conditions will not be satisfied by the date provided for herein for the satisfaction of
such Property Conditions. Whether or not specifically stated in any of the following subsections,
in the event of such determination and notice,neither party shall have any further rights or
obligations hereunder other than any rights or obligations that specifically survive termination of
this Agreement. The conditions provided for in this Section 5 shall be deemed satisfied unless
Buyer,by the date by which the particular condition is required to be satisfied,notifies Seller in
writing that such condition has not been satisfied or waived.
(a) Title. Not later than five days after both parties sign this Agreement, Buyer shall
order and instruct Title Company to deliver to Buyer(with a copy to Seller)a Title Report on the
Property. Buyer shall have 15 days after receipt of the Title Report and legible copies of all
exception documents referenced therein within which to give notice in writing to Seller of any
objection to such title or to any liens, encumbrances, encroachments, or other matters affecting
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the Property as disclosed in the Title Report. If Buyer fails to raise any such objection within
such 15-day period,then, except as set forth below, all conditions and exceptions to title set forth
in such Title Report shall be"Permitted Exceptions." If Buyer objects to an exception to the
Title Report, Seller shall be obligated to notify Buyer within 15 days after notice of such
objection whether Seller is willing and able to remove such exception or remedy such condition.
If Seller is willing and able to remove such exception or remedy such condition, Seller shall do
so at or prior to Closing. If Seller is not willing and able to remove the objected-to exception or
remedy the objected-to condition, Buyer,by written notice to Seller within ten days after notice
of Seller's unwillingness or inability to remove such exception or remedy such condition, may
terminate this Agreement or Buyer may elect to acquire the Property subject to such exception or
condition,provided,however, Seller shall have no right to refuse to correct any title objection or
to remove any title objection that is a lien securing the payment of money or to remove any title
objection which may be cured through the issuance by the Title Company of an endorsement to
the Title Policy. All exceptions described in the Title Report and not removed or agreed to be
removed pursuant to this Section 5(a) shall be deemed "Permitted Exceptions."
6. ALTA SURVEY COST. Buyer shall pay the actual cost of the ALTA/NSPS
Land Title Survey required by Seller's lender in connection with this Agreement,up to,but not
exceeding $35,750 (the "ALTA Survey Cost"). Buyer shall deposit$35,750 into escrow at
Closing. Escrow shall remain open for a period of 90 days after Closing to allow Seller or
Seller's lender to obtain the ALTA Survey. Seller shall submit all purchase orders,invoices, and
related documents to Title Company within 80 days of Closing. Upon its receipt of such
purchase orders, invoices, and related documents and notice to the parties, Title Company shall
disburse the actual ALTA Survey Cost, up to, but not exceeding $35,750 to Seller. Any funds
remaining in escrow after Title Company's payment of the actual ALTA Survey Cost shall be
returned to Buyer,at which time escrow shall be closed.
7. LANDSCAPE MITIGATION. Buyer shall pay to Seller$25,000 for Seller's use
in mitigating Seller's landscaping upon the remaining portion of the Apartment Property(the
"Landscape Mitigation Costs"),which may be affected by Buyer's use of the Property after
Closing. The Landscape Mitigation Costs shall be due and payable at Closing by depositing with
Title Company, subject to any credits, prorations and adjustments provided hereby, immediately
available funds.
8. SELLER'S ATTORNEY FEES. Buyer shall pay Seller's reasonable attorney fees
in connection with the transaction contemplated by this Agreement provided by Mr. Charles F.
Hudson, Lane Powell, in an amount not to exceed$27,000 ("Seller's Attorney Fees"), due and
payable at Closing,by depositing with Title Company, subject to any credits,prorations and
adjustments provided hereby, immediately available funds.
9. TEMPORARY CONSTRUCTION EASEMENT. Seller shall provide to Buyer,
at no cost, a temporary construction easement in a form substantially similar to the form attached
hereto as Exhibit C,effective for a period of 18 months, subject to further restrictions contained
therein, extending from the date of Closing.
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10. BUYER'S CONDITIONS PRECEDENT. Buyer shall have no duty to Close this
transaction unless and until each and every one of the following conditions precedent have been
fully and completely satisfied:
(a) Performance of Obligations. Seller shall have substantially performed or tendered
substantial performance of each and every one of its obligations hereunder which by its terms is
capable of performance before Closing;
(b) Delivery of Closing Documents. Seller shall have tendered delivery to Buyer of
all the documents required to be delivered to Buyer by Seller at Closing; and
(c) Title Insurance. The Title Company shall be prepared to issue to Buyer its
owner's policy of title insurance in the amount of the Purchase Price insuring title to the Property
in Buyer subject only to Permitted Exceptions that affect the Property(the "Title Policy").
11. SELLER'S CONDITIONS PRECEDENT. Seller shall have no duty to Close this
transaction unless and until each and every one of the following conditions precedent have been
fully and completely satisfied:
(a) Performance of Obligations. Buyer shall have substantially performed or
tendered substantial performance of each and every one of its obligations hereunder which by its
terms is capable of performance before Closing;
(b) Delivery of Closing Documents. Buyer shall have tendered delivery to Seller of
the Purchase Price and all the documents required to be delivered to Seller by Buyer at Closing
pursuant to this Agreement; and
12. CLOSING. Subject to the satisfaction or waiver of the conditions to Closing set
forth in Sections 10 and 11, Closing shall take place as set forth in Section(1)(a)of this
Agreement. Buyer shall give Seller 30 business days'prior written notice of the Closing Date.
(a) Time and Place. Closing shall occur at the office of Title Company. All
documents and instruments required for Closing shall be delivered to Title Company at least one
day prior to the Closing Date. Funds required for Closing shall be delivered to Title Company
by 10:00 a.m. on the morning of the Closing Date. Each party agrees to execute and deliver to
Title Company closing escrow instructions to implement and coordinate the Closing as set forth
in this Agreement. If such Closing does not occur as provided in this Section 12, a new Closing
Date may be set if, and only if, mutually agreed upon in a writing signed by both parties.
(b) Adjustments. Buyer shall pay for the standard coverage title insurance policy, all
escrow fees and costs,any recording fees required to deliver the Property free and clear of any
encumbrances other than the Permitted Exceptions, and any applicable sales taxes or real estate
transfer taxes. Buyer will also pay to Seller a proportionate, prorated share of the real property
taxes and assessments assessed to Seller on the Apartment Property as follows: with respect to
the tax year in which Closing occurs, if the Property and the Apartment Property are assessed in
a single tax parcel, the taxes shall be allocated based on the relative square footage between the
Property and the remaining land from the Apartment Property covered by the tax statement,
based solely on the value of the land, and not on any improvements located on the Apartment
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Property. So adjusted, Buyer will pay its proportionate share,prorated as of the Closing Date. If
the tax statement covering the tax year in which Closing occurs is not available at the time of
Closing, Buyer will pay to Seller a proportionate prorated share calculated as previously
described in this Section, based on one-hundred-and-three percent of the value of only the land
without improvements appearing in the tax statement for the tax year preceding the year of
Closing. Buyer and Seller shall each pay their own legal and professional fees of other
consultants incurred by Buyer and Seller,respectively, except as otherwise provided by Section
8 of this Agreement. All other costs and expenses,not specifically addressed in this
Section 12(b), shall be paid by Buyer. At Closing,Buyer shall contribute any funds necessary to
pay its share of adjustments.
13. ITEMS TO BE DELIVERED AT CLOSING BY SELLER. At Closing, Seller
shall deliver to Title Company the following:
(a) Deed. A Dedication Deed executed by Seller conveying the Property to Buyer, in
the form attached as Exhibit D, subject only to the Permitted Exceptions (the "Deed");
(b) Temporary Construction Easement. The Temporary Construction Easement, in
the form attached as Exhibit C, as further described in Section 9;
(c) FIRPTA. The Nonforeign Status Certificate for each entity comprising Seller, as
defined in Section 15(a)below;
(d) Memorandum of Purchase and Sale Agreement. The Memorandum of Purchase
and Sale Agreement,in the form attached as Exhibit E to be recorded by Buyer in the real
property records of Washington County, Oregon;
(e) Possession. Possession of the Property; and
(f) Other Closing Documents. Any other documents as the Title Company may
reasonably require, or Buyer and Seller may reasonably agree are required, to Close the
transaction, including but not limited to any document reasonably required by the Title Company
in connection with the issuance of the Title Policy.
14. ITEMS TO BE DELIVERED AT CLOSING BY BUYER. At the Closing,Buyer
shall deliver to Title Company the following:
(a) Closing. The sum of(i)the Purchase Price in the amount of$63,311.64,
(ii) $35,750 to be held in escrow for payment of the actual ALTA Survey Cost, as described in
Section 6, (iii)the Landscape Mitigation Cost in the amount of$25,000 as described in Section
7, (iv) Seller's Attorney Fees in an amount not to exceed$27,000, as described in Section 8, (v)
Buyer's closing costs as provided for in Sections 12(b) above, and(vi) any other amounts due
Seller by Buyer under this Agreement;
(b) Other Closing Documents. Any other documents as Title Company may
reasonably require, or Buyer and Seller may reasonably agree are required, to close the
transaction, including but not limited to any document reasonably required by the Title Company
in connection with the issuance of the Title Policy.
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15. SELLER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS.
Seller hereby represents and warrants and covenants to Buyer as follows:
(a) Foreign Status. Each and every entity comprising Seller represents and warrants
that it is not a foreign person, foreign partnership, foreign corporation, or foreign trust, as those
terms are defined in Section 1445 of the Internal Revenue Code of 1986,as amended,and will
deliver to Buyer an officers' certificate to such effect at or prior to Closing (the "Nonforeign
Status Certificate").
16. BUYER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS. Buyer
hereby represents,warrants,and covenants to Seller as follows:
(a) Status. Buyer is duly organized and validly existing under the laws of the state of
Oregon as an Oregon municipal corporation as of the Closing Date.
(b) Author . Buyer has full power and authority to execute and perform this
Agreement and all action necessary to confirm such authority has been duly and lawfully taken.
Upon execution hereof, this Agreement shall constitute a valid, legally binding, and enforceable
obligation of Buyer except as such enforceability may be limited by law and general principles
of equity. Neither the execution nor performance of this Agreement will violate the terms or any
provision of Buyer's organizational documents, or any note, loan agreement, commitment
agreement, lease, or other material contract or agreement to which Buyer is a party.
(c) Necessary Action. Buyer has duly and properly taken or obtained or caused to be
taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to
be taken or obtained, all action necessary for Buyer(i)to enter into and to deliver this Agreement
and any and all documents and agreements executed by Buyer in connection herewith or in
furtherance hereof and(ii)to carry out the terms hereof and thereof and the transaction
contemplated herein and therein. No other action by or on behalf of Buyer is or will be
necessary to authorize the execution, delivery and performance of this Agreement and any
documents and agreements executed by Buyer in connection herewith or the transactions
contemplated herein.
(d) Other Representations, Warranties, and Covenants.
(i) Buyer represents,warrants, and covenants that the Closing shall constitute
Buyer's acknowledgement that prior to Closing(1)Buyer has examined the Property and become
familiar with the physical condition thereof and has conducted such investigations of the affairs
of the Property as Buyer considers appropriate (2)except for those representations made in
Section 15 above,neither Seller nor any of its officers, employees, agents, or attorneys has made
any verbal or written representations,warranties,promises, or guaranties whatsoever to Buyer
(express or implied) and, in particular, no such representations, warranties,promises, or
guaranties have been made with respect to(A) the physical condition(including,without
limitation,the environmental condition),use, or operation of the Property, (B)the actual or
projected revenue and expenses of the Property,(C)the zoning and other laws, regulations, and
rules applicable to the Property or the compliance of the Property therewith(including,without
limitation, compliance with any applicable environmental or hazardous substance laws), (D)the
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quantity, quality, or condition of any buildings, facilities, structures, and other improvements
thereon, (E) the quality or condition of any soil or ground cover thereon, (F)the terms,
conditions, rights, obligations,revenue, expense, or expiration of any agreement or contract
affecting or pertaining to the Property, (G)the quality, quantity, or condition of any articles of
personal property and fixtures on the Property,(H) the use or occupancy of the Property or any
part thereof; or(I)any other matter or thing affecting or related to the Property; and(3)Buyer
has entered into this Agreement after having made and relied solely on its own independent
investigation, inspection, analysis, appraisal, examination, and evaluation of the facts and
circumstances. Without limiting the foregoing,Buyer takes the Property in the condition,
known or unknown,existing at Closing, "AS IS."
(ii) The Closing shall constitute Buyer's acknowledgement that Buyer waives
Buyer's right to recover from Seller, Seller's affiliates and subsidiaries,and their respective
shareholders,directors, officers,participants, employees,consultants, and agents, any and all
damages, losses, liabilities, costs, or expenses whatsoever, and claims therefor, whether direct or
indirect,known or unknown, or foreseen or unforeseen,which may arise from or be related to
any of the following except to the extent the condition violates an express representation of
Seller(subject to any limitations)under Section 15 above, (1)the physical condition of the
Property, (2) the Property's compliance or lack of compliance with any federal, state, or local
laws or regulations applicable thereto (including,without limitation, any applicable
environmental or hazardous substance law), and all regulations, rulings, and orders promulgated
or adopted pursuant thereto, and(3)any matter or thing(A) disclosed to or discovered by Buyer
in any materials or information provided to Buyer or made available to Buyer for its inspection
and/or(B) actually discovered by Buyer in connection with this transaction.
(iii) In this regard and to the extent permitted by law, Buyer hereby agrees,
represents, and warrants that Buyer realizes and acknowledges the existence of factual matters
now unknown to Buyer that may hereafter give rise to causes of action, claims, demands, debts,
controversies,damages, costs, losses, and expenses which are presently unknown,unanticipated,
and unsuspected,and Buyer further agrees, represents,and warrants that the waivers and releases
herein have been negotiated and agreed upon in light of that realization and that Buyer
nevertheless hereby intends to release, discharge, and acquit Seller from any such unknown
causes of action, claims, demands, debts, controversies, damages, costs, losses, and expenses
which might in any way be incurred, as a material portion of the consideration given to Seller by
Buyer in exchange for Seller's performance hereunder.
(iv) The provisions of this Section 16(d) shall survive the Closing hereunder.
(e) Representations True at Closing. The representations and warranties contained in
this Section 16 shall be true in all material respects as of the Closing Date as though made on and
as of the Closing Date.
17. BREACH/DEFAULT
(a) Default by Seller. In the event the Closing Date and the consummation of the
transaction herein contemplated do not occur by reason of any default by Seller, Buyer may
(a) institute an action for specific performance of this Agreement for the conveyance of the
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Property to Buyer, or(b)terminate this Agreement and receive all of Buyer's out-of-pocket costs
reasonably incurred in connection with the transaction,not to exceed $2,500. In the event that
Buyer elects to terminate this Agreement due to a default by Seller rather than sue for specific
performance,neither party shall have any further rights or obligations under this Agreement,
each to the other,except for such rights and obligations as may specifically survive the
termination of this Agreement and the right of Buyer to collect from Seller the amounts set forth
in this Section 17(a). Buyer shall not be entitled to lost profits or consequential, exemplary, or
punitive damages in the event of a breach of this Agreement by Seller. Buyer waives all claims
for damages except as expressly set forth above.
(b) Default by Buyer. Upon default by Buyer, this Agreement shall be terminated
and neither party shall have any further rights or obligations under it, each to the other, except
for such rights and obligations as may specifically survive the termination of this Agreement. If
this transaction fails to Close on account of a default by Buyer under this Agreement,Buyer shall
pay as liquidated damages Seller's Attorney Fees, as described in Section 8 of this Agreement, as
Seller's sole remedy for the default. This amount has been agreed by the parties to be reasonable
compensation and the exclusive remedy for Purchaser's default, since the precise amount of
damages would be difficult to determine. Buyer will be responsible to Seller for any damage that
Buyer or Buyer's agents and contractors may cause to the Property before Closing.
(c) No Breach. In the event the Closing Date and the consummation of the
transaction herein contemplated do not occur through no default by either party, then either party
may upon five business days'notice to the other party,terminate this Agreement. In this
case, neither party will have any further obligations under this Agreement, except as specifically
survive termination of this Agreement.
18, RISK OF LOSS. Seller shall deliver the Property to Buyer at Closing in
substantially similar condition existing as of the Effective Date, except as otherwise provided in
this Agreement. Risk of loss of, or damage to,the Property shall be borne by Seller until the date
of title transfer. Thereafter, Buyer shall bear the risk of loss. Except for loss or damage caused
by Buyer,in the event of loss or damage to the Property, or a portion thereof, prior to the date
upon which Buyer assumes the risk, Buyer may terminate this Agreement; provided,however,
that Buyer shall not terminate this Agreement if(a) Seller agrees in writing to restore the
Property substantially to the condition required by this Agreement by the date of title transfer,
(b)Buyer reasonably determines that any such loss or damage will not adversely affect its
proposed development of the Property and Seller agrees to accept a pro-rata reduction of the
Purchase Price for the area of the Property lost, or(c)Buyer elects to have any insurance
proceeds or condemnation award which are due and owing to Seller as a result of the damage or
loss, assigned to Buyer, in which case the Purchase Price will be reduced only to the extent of
any deductible. Notwithstanding the forgoing,in no event shall Seller be obligated to restore, or
Buyer be entitled to (a)a pro-rata reduction in the Purchase Price, or(b)terminate this
Agreement should the event of loss or damage be limited to improvements that will be
demolished.
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19. MISCELLANEOUS.
(a) Further Assurances. Each party shall, at any time after Closing, execute and
deliver to the other party all such additional instruments of conveyance and assignments,
certificates, or similar documents as such other party may reasonably request.
(b) No Other Agreements. This Agreement constitutes the entire understanding and
agreement between the parties with respect to its subject matter. All prior and contemporaneous
negotiations, proposals, and agreements between the parties including but not limited to those set
forth in the letter from counsel for Buyer, Kelly S. Hossaini,Miller Nash Graham& Dunn LLP,
to counsel for Seller, Charles F. Hudson,Lane Powell PC, dated as of September 20, 2018 are
included in this Agreement. Any changes to this Agreement must be agreed to in writing by both
parties.
(c) Waiver. Either party may waive the performance of any obligation owed to it by
the other party hereunder for the satisfaction of any condition precedent to the waiving party's
duty to perform any of its covenants, including its obligations to Close. Any such waiver shall
be valid only if contained in a writing signed by the party to be charged.
(d) Notices. All notices or other communications required or permitted under this
Agreement shall be in writing and shall be(a)personally delivered(including by means of
professional messenger service); (b)sent by registered or certified mail,postage prepaid,return
receipt requested; (c) sent by overnight delivery using a nationally recognized overnight courier
service; (d) if a telefax number is shown below, sent by telefax(the inclusion of e-mail addresses
below is for convenience of reference only and does not indicate that notices may be delivered
by e-mail):
To Buyer: Sean Farrelly
Town Center Development Agency of the City of Tigard
13125 S.W. Hall Boulevard
Tigard, Oregon 97223
E-mail address: Sean@tigard-or.us
With a copy to: Kelly Hossaini
Miller Nash Graham& Dunn LLP
3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, Oregon 97204-3699
Facsimile: 503-205-8539
E-mail address: Kelly.Hossaini@millemash.com
To Seller: Mr. Richard Miller
Affinity Property Management
1303 S.W. 16th Avenue
Portland, Oregon 97201
E-mail address: rmiller@affinityproperty.com
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With a copy to: Mr. Charles Hudson
Lane Powell PC
601 S.W. Second Avenue, Suite 2100
Portland, Oregon 97204-3158
E-mail address: hudsonc@lanepowell.com
Any notice,regardless of the method of delivery used, shall be deemed received
upon actual receipt or refusal of receipt thereof. Notice of change of address shall be given by
written notice in the manner detailed in this Section.
(e) Assignment. Neither parry shall assign this Agreement without the prior written
consent of the other party. Any attempt to assign this Agreement in violation of this Section shall
be void.
(f) Governing Law, Jury Trial; Venue. This Agreement shall be governed by and
interpreted in accordance with the laws of the state of Oregon, without regard to the principles of
conflicts of laws thereof. The Deed will be issued in accordance with and governed by the laws
of the state of Oregon. Each party hereby waives all rights it may have to trial by jury in any
proceeding between them arising out of this Agreement. Exclusive venue for any dispute
hereunder shall lie either with the state courts of Oregon or the federal courts located in the
District of Oregon and each party waives its right to claim that a more convenient forum can be
found.
(g) Tax Considerations. The acquisition of the Property and temporary construction
easement described in this Agreement is under threat of condemnation, following the Buyer's
inspection and survey of the Property pursuant to ORS 35.220. The parties acknowledge that
they are each responsible for their own tax liability, if any, resulting from this Agreement, and
further expressly acknowledge that they neither received nor relied upon any tax advice from the
other party or the other party's representatives or attorneys.
(h) Absence of Brokers. Each party represents and warrants to the other party that it
has not employed any finder, broker, or agent in the negotiation of this transaction and that no
person is entitled to any finder's fee,broker's commission, or other similar form of remuneration
by reason of or in connection with the execution or performance of this Agreement and agrees to
hold harmless and indemnify the other party against any claims of any such person with respect
to any such fees,commissions or other forms of remuneration.
(i) Third-Party Beneficiary. Nothing contained herein shall create or give rise to any
third-party beneficiary rights for any person as a result of the terms and provisions of this
Agreement.
0) Time is of the Essence. Time is expressly made of the essence of each provision
of this Agreement.
(k) Counterparts. This Agreement and all exhibits to this Agreement requiring
signatures may be executed in counterparts, each of which will be considered an original and all
of which together will constitute one and the same Agreement.
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(1) Facsimile Signatures. Facsimile transmission of any signed original document,
and retransmission of any signed facsimile transmission, is the same as delivery of an original.
At the request of either party, the parties shall confirm facsimile transmitted signatures by
signing an original document.
(m) Nonwaiver. Failure of Seller or Buyer to declare any default immediately upon
occurrence thereof, or delay in taking any action in connection therewith, will not waive the
default,but Seller or Buyer have the right to declare such a default at any time and take any
lawful or authorized action hereunder, either at law or in equity unless such default has been
specifically waived in writing.
(n) Attorney Fees. In the event of a dispute between the parties hereto with respect to
the interpretation or enforcement of the terms hereof,the prevailing party in any action resulting
therefrom shall be entitled to collect from the other its reasonable costs and attorney fees,
including its costs and fees on appeal.
(o) Calculation of Time Periods. Unless otherwise specified, in computing any
period of time described herein,the day of the act or event on which the designated period of
time begins to run shall not be included and the last day of the periods computed shall be
included unless the last day is a Saturday, Sunday, or legal holiday, in which event the period
shall run until the next day that is not a Saturday, Sunday, or legal holiday.
(p) Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid,unlawful or unenforceable in any respect,the validity, legality and
enforceability of the remaining provisions hereof shall not in any way be affected or impaired
thereby.
20. "THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM
OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES,AS DEFINED IN ORS 30.930,IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301,AND
195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007,AND
SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO
7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY
THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF
FIRE PROTECTION FOR STRUCTURES,AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300, 195.301,AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,AND
11
4825-6317-5034.3
SECTIONS 2 TO 9 AND 17,CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO
7, CHAPTER 8,OREGON LAWS 2010"
IN WITNESS WHEREOF the parties have executed this Purchase and Sale Agreement
as of the date above written.
"SELLER"
Casa La Veta Associates,LP,
a California limited partnership
By: John Family Partnership, By: Darius Irani Family Partnership Casa,
a California general partnership, a California general partnership,
General Partner General Partner
i
By: By: cx
Charles John anaging Partner Darius Irani,Managing Partner
By: GwL By: bU
A,�1 "l,
ary M. erloshon, Managing Partner Ke anu Pudumjee,Managin
Partner
Highlands Associates,Ltd.,
a California limited partnership pp
By: P jw, By:
Charles D. John, 9&eral Partner Darius K. Irani, General Partner
The Irani Trust
By: /a�',tj-LA A(i,OLAIL111-1
Darius Irani,Trustee of The Irani Trust
under Declaration of Trust dated July 19,
1990, as amended
John Family Trust
By: By:
Charles Dean John,F—e-c-slaeration
te of the John Marjorie John, Trustee of a John
Family Trust under of Trust Family st under Declaratio of Trust
dated December 31, 1989, as amended dated December 31, 1989, as amended
12
4825-8317-5034.3
C.Leroy Doty and Janette Fulton Doty Living Trust
By:
Janette Fulton Doty,Trustee of the C.
Leroy Doty and Janette Fulton Doty
Living Trust under Declaration of Trust
dated July 27, 1995
The Hauser Family Living Trust
By:
Barbara Van Buren Hauser,Trustee of the
Hauser Family Living Trust, dated
January 10, 2007 as amended
"BUYER"
Town Center Development Agency of the
City of Tigard,an ORS 457 Urban Renewal
Agency
By:
Name:
Title:
Date:
13
4825-6317-5034.3
C.Leroy Doty and Janette Fulton Doty Living Trust
By:
Janette Fulton Doty, Trustee of the C.
Leroy Doty and Janette Fulton Doty
Living Trust under Declaration of Trust
dated July 27, 1995
The Hauser Family Living Trust
By: fl? T4&
Barbara Van Buren Hauser, rustee of the
Hauser Family Living Trust, dated
January 10,2007 as amended
'BUYER"
Town Center Development Agency of the
City of Tigard, an ORS 457 Urban Renewal
Agency
By:
Name:
Title:
Date:
13
4825-6317-5034.3
C.Leroy Doty and Janette Fulton Doty Living Trust
By:
Janette Fulton Doty, Trustee of the C.
Leroy Doty and Janette Fulton Doty
Living Trust under Declaration of Trust
dated July 27, 1995
The Hauser Family Living Trust
By:
Barbara Van Buren Hauser,Trustee of the
Hauser Family Living Trust, dated
January 10, 2007 as amended
"BUYER"
Town Center Development Agency of the
City of Tigard, an ORS 457 Urban Renewal
Agency
By: '/ ��� ;�rt��_
Name: flet -
Title:
Date:
13
4825-6317-5034.3
I
C.Leroy Doty and Janette Fulton Doty Living Trust
By:
Janette Fulton Doty, Trustee of the C.
Leroy Doty and Janette Fulton Doty
Living Trust under Declaration of Trust
dated July 27, 1995
The Hauser Family Living Trust
By:
Barbara Van Buren Hauser,Trustee of the
Hauser Family Living Trust, dated
January 10, 2007 as amended
"BUYER"
Town Center Development Agency the
City of Tigard, an ORS 457 Urban enewal
Agency
By:
Name:
Title:
Date:
13
4825-6317-5034.3
Exhibit A
Description of the Apartment Property
Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT,a plat of
record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette
Meridian, in the City of Tigard,County of Washington and State of Oregon, with the Northerly
line of SW Ash Street as dedicated in Document No. 93-66064,Washington County,Oregon Deed
Records,said point bears North 43°18'59"West along the Southwesterly line of said Tract 9,
30.06 feet from the Southerly corner thereof and running thence North 43°18'59"West along the
said Southwesterly line, also being the Northeasterly line of VIEWCREST TERRACE, also a plat
of record in said Section 2, 380.48 feet to an iron pipe at the Southwesterly corner thereof, thence
North 49°13'57'East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod;
thence North 44°10'00"West,821.63 feet to an iron rod on the Southerly right of way of SW Main
Street;thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of
which bears South 38°30'03"East and the long chord of which bears North 54°47'50" East,
215.15 feet)215.27 feet to a point;thence North 58°05'43" East,202.33 feet to a point;thence
along the said Southerly right of way as described in Document No. 93-66065 of said Deed
Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51"West and the
long chord of which bears North 67°5949" East, 119.90 feet) 122.23 feet to a point;and thence
North 48°34'30" East, 124.67 feet to an iron rod;thence South 44°25'04"East along the
Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said
Washington County,Oregon Deed Records, 366.43 feet to a point;thence along that certain tract
of land as described in a Dedication Deed recorded as Document No.93-99583 said Deed Records
the following courses and distances: South 32°2723"East, 16.65 feet;thence South 13°04'22"
East,32.24 feet;thence South 5°3525"East, 16.99 feet;thence South 10°20'55"West, 12.90 feet;
thence South 72129'08"West, 160.97 feet;thence South 29°06'49"West, 11.93 feet;thence South
14°11'17"East, 15.09 feet;thence South 52°06127" East, 18.09 feet;thence North 74°58'07" East,
122.30 feet;thence South 54°30'27"East,49.33 feet;thence South 52°22'23"East,41.99 feet;
thence South 44°21'06" East, 130.95 feet;thence South 1°26'51"East, 12.01 feet;thence South
18023'48" West,28.46 feet;thence South 48°44'28"West, 30.31 feet;thence South 18°18'44"West,
38.94 feet; thence South 35°49'16"West 3 1.10 feet;thence South 64°20'35" West,46.97 feet;
thence South 52°36'19" West, 125.88 feet;thence South 31°09'51" West,6.83 feet;thence
South 10°55'00" East,21.63 feet;thence South 28°48'18" East,5.28 feet;thence South 88°3842"
East,6.11 feet;thence North 58°53'18"East, 121.27 feet;thence South 31°37'34" East, 31.91 feet;
thence North 85°26'56"East, 8.10 feet;thence North 1°25'03"West,5 8.5 6 feet;thence
North 88°07'20"East, 152.92 feet;thence South 2°46'16"East,56.02 feet;thence South 37°05'17"
East,26.75 feet;thence South 27°36'04"East, 38.37 feet;thence South 6°23'10"East,29.56 feet;
thence South 33°34'48"East,45.70 feet;thence South 6°21'35"East,20.46 feet; thence
South 62°07'17"West, 128.66 feet;thence South 53°39'28" West,20.95 feet;thence
South 60056153"West,74.92 feet;thence South 5°27'19"West,66.56 feet;thence South 12°58'11"
East,37.66 feet;thence South 47°42'20"East,3.71 feet to a point on the said Northerly right of
way line of SW Ash Street;thence along the said Northerly line of that certain tract of land as
described in Document No. 93-66064, South 43°00'20"West,297.19 feet to the point of beginning.
A-1
4825-8317-5034.3
EXHIBIT B
Description of the Property
A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD,
WASHINGTON COUNTY, OREGON ANT BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED IN DOCUMENT NUMBER 96077957, WASHINGTON COUNTY DEED
RECORDS,BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT
DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48" WEST
191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGIN WING; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 47003'36"WEST 3.91 FEET; THENCE NORTH
42°56'24" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE
NORTH 42057'48" WEST 7.57 FEET; THENCE SOUTH 47°02'12' WEST 6.00 FEET; THENCE
NORTH 42057'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
S.W. MAID'STREET; THENCE NORTH 50°14'01" EAST 15.02 FEET ALONG SAID
SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48"EAST
194.44 FEET TO THE POINT OF BEGINNING.
ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY
OF S.W. MAIN STREET.
ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT
NUMBER 96077957.
CONTAINING 2373 SQUARE FEET, MORE OR LESS.
B-1
4825-6317-5034.3
Public Dedication Strip and Construction Easement Area Drawing
LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE i WEST, W.M.,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
WIDTH VARIES S.W. MAIN STREET c
V7
DOCUMENT NUMBER
2002-113691
t
1 2S102AC/01100
DOCUMENT NUMBER J 1 EINE TABLE
96077957 LINE # LENGTH DIRECTION
a
E.I 3,91' 547-03'36W
2S102AC{00201 { w L2 45.45' N42°56"24'1'
{t ? L3 5.11' S47902'12"W
1 i
L4 7.57' N42-57'48'W
t L5 6.00' S47602'12'W
L6 142.25' N42-5'7'48'W
L7 15,02' N50-14.01-E
LS
POINT OF
BEGINNING
REGISTERED
PROFESSIONAL
�- LAND SURVEYOR
in
O
ea
m
L, .. A.,.:. ..
OREGON
MAY 21, 2013
PAUL ALLEN KONN
x S8964PLS
RENEWS: 6/30/19
40 20 0 40
B-2
4825-6317-5034.3
EXHIBIT C
Form of Temporary Construction Easement
C-1
4825-6317-5034.3
After recording return.to:
Kelly Hossain
Miller Nash Graham&Dunn LLP
111 S.W. Fifth Avenue, Suite 3400
Portland, Oregon 97204
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT(this "Easement") is dated as of
,2019,by and between Highlands Associates,Ltd., a
California limited partnership(undivided 35%), Casa La Veta Associates,LP, a California
limited partnership(undivided 48.5%), Charles Dean John and Marjorie Arm John, as Trustee of
the John Family Trust under Declaration of Trust dated December 31, 1989, as amended
(undivided 4.1251%),Darius Irani, as Trustee of the Irani Trust under Declaration of Trust dated
July 19, 1990, as amended(undivided 4.125%), Janette Fulton Doty,Trustee of the C. Leroy
Doty and Janette Fulton Doty Living Trust,under Declaration dated July 27, 1995 (undivided
4.125%), and Barbara Van Buren Hauser,Trustee of the Hauser Family Living Trust, dated
January 10, 2007, as amended(undivided 4.125%), all as tenants in common(collectively
"Property Owner"), as owners of the real property located at 9270 S.W.Maplewood Drive,
Tigard, Oregon(the "Apartment Property")and the Town Center Development Agency of the
City of Tigard, an ORS 457 Urban Renewal Agency(the"City").
RECITALS
A. Property Owner owns the Apartment Property as more fully described on the
attached Exhibit A.
B. The City is purchasing a strip of land containing approximately 2,373 square feet
from the Apartment Property as more fully described on the attached Exhibit B and depicted on
the attached Exhibit C (the "Public Dedication Strip").
C. The City intends to develop the Public Dedication Strip,in conjunction with
adjacent property,into an access way to allow for the redevelopment of a portion of the adjacent
property into a public plaza.
D. The parties intend to create a temporary construction easement for the benefit of
the City, over and upon certain portions of the Apartment Property for the purposes and on the
terms and conditions set forth herein.
1
4835-7707-3265.3
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
Grant of Construction Easement, The Property Owner hereby grants and conveys
to the City, a temporary construction easement on, over,and across that portion of the Apartment
Property that is two and one-half feet from the limits of the Public Dedication Strip as that Public
Dedication Strip is described on the attached Exhibit B and as the Public Dedication Strip and
the temporary construction easement area are depicted on the attached Exhibit C(the
"Construction Easement Area"). The City shall have the right to use the Construction Easement
Area as a work area, for access, and for construction-related activities pertaining to the Public
Dedication Strip. In no event shall the City use the Construction Easement Area for storage of
materials or equipment unrelated to constructing the improvements within the Public Dedication
Strip. During the term of this Easement,Property Owner shall not construct any new permanent
structures or plant any new trees or shrubs within the Construction Easement Area.
Use. During the term of this Easement, the City may use the Construction
Easement Area for no more than four months. Additionally,prior to any use of the Construction
Easement Area, the City must provide Property Owner with at least 30 days'prior notice.
Term. This Easement shall commence on the date that this Easement is fully
executed and shall continue for 18 months. This Easement will automatically terminate at the
end of the 18 month period without further act of either party.
Notices. Any demand or notice allowed or required hereunder shall be given by
first class mail to the persons specified as follows:
Property Owner: Mr. Richard Miller
Affinity Property Management
1303 S.W. 16th Avenue
Portland,Oregon 97201
With copy to: Mr. Charles Hudson
Lane Powell
601 S.W. Second Avenue, Suite 2100
Portland,Oregon 97204-3158
City. Sean 1~arrelly
Town Center Development Agency of the City of Tigard
13125 S.W. Hall Boulevard
Tigard, Oregon 97223
2
4835-7707-3265.3
With copy to; Kelly Hossaini
Miller Nash Graham&Dunn LLP
111 S.W. Fifth Avenue, Suite 3400
Portland,Oregon 97204
Covenants Running with Land. This Easement shall be appurtenant to and shall
run with the land as to the Apartment Property, and shall bind and inure to the benefit of the
parties hereto, as well as their respective successors, assigns, lessees,and mortgagees.
Defense and Indemnity. The City shall indemnify and hold harmless the Property
Owner from and against any damage caused to the Property by the City's use of the Construction
Easement Area, and from and against any liens or claims that may be filed or asserted against the
Property or the Property Owner by any such use.
Attorney Fees. In the event that either party brings an action to enforce its rights
hereunder, including, but not limited to,at trial, on any appeal, or while enforcing its rights in
any bankruptcy proceeding, the prevailing party in such action shall be entitled to receive all
costs and reasonable attorney's fees in addition to any damages to which it is due by reason of
such action.
Recording. This Agreement may be recorded by either party in the Records of
Washington County, Oregon.
No Oral Amendment. Except as herein otherwise provided,no subsequent
alteration, amendment, change, or addition to this Easement shall be binding upon either party
unless reduced to writing and signed by them.
Governing Law. This Easement shall be governed and construed in accordance
with and governed by the laws of the State of Oregon and shall not be construed for or against
either party as a result of the drafting hereof.
IN WITNESS WHEREOF the parties have executed this Temporary Construction
Easement of the date above written.
[signature pages follow]
3
4635-7707-3265.3
PROPERTY OWNER:
Casa La Veta Associates, LP,
a California limited partnership
By: John Family Partnership, By: Darius Irani Family Partnership Casa,
a California general partnership, a California general partnership,
General
Partner Genera'Partner
By: By:
Charles JohnA4anaging Partner Darius Irani,Managing Partner
By: �. �--r'" "'� By: 1il.Ir- �
Mary M. D rloshon, Managing Partner Kefbauu Pudurnjee, Managing k4tner
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of Ls )r-,x':5 }
pp
On-AG -4 17, before me, a.�i tea " ha�� nfc,
(insert name and title of the officer)
personally appeared CHARLES JOIN, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. CCA7ARINA2ERMATfI IWATA
Notary public-California
emy
LosAngeles County
Commission#2244477
Comm.Expires Jun 25,2022
Signature - Ljyr✓l�(� _(Seal)
G
4
4835-7707-3266.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of 1-03
On -r�-X�CL 19, .2,019 before me, �iz c-n'Vi n- lz4u� h cA- _'-j
(insert name and title of the officer)
personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. --
.•+�., t:ATAR}NA2F.R6iNATTIIWATA
Notary Public-California ,
yt� / Los Angeles County
Signature tiLL� (Seal) Commissions Jun 25 7
Seal """ My Comm.Expires Jun 25,2022
5
4835-7707-3265.3
A notary public or other officer completing this
i certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California }
}
County of I s L Q s2ti )
On a o I before me,
(insert name and title of the officer) T
personally appeared DARIUS IRANI,who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
QAyCATARINA 2ERBINATTI IWATANotary Public•California
Los Angeles Cuuntyg X "`" - —(Seal) Commission N 2244477SI nature 'c�� ¢ Comm.Expires Jun 25,2022
6
4835-7707-3265.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of J E o —', )
On -"71�a t`� 020 9 before me,ell C V 11,11 n- c-
(insert name and title of the officer)
personally appeared KERBANU PUDUMJEE, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINA ZERBINATTI!WATA
j Notary Public•California
/J a Los Angeles County
� �^ (Seal) ommissions Jun 25,7
Signature `'���^` ' My Comm.CExpires Jun 25,2022
7
4835-7707-3265.3
Highlands Associates,Ltd.,
a California limited partnership
p
By: ET By:
Charles D. John,G eral Partner Darius K. Irani, General Partner
A notary public or other officer completing this
I certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of LS
On t 2 r 9 before
(insert name and title of the officer)
personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINA ZER$IkATTI:WATA
emy
Notary Public-California
Los Angeles County
Commission N 2244477
Signature =z !r`- (Seal) Comm,Expires Jun 25,2021
8
4835-7707-3265.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California }
County of
}
On 7Vt11&. 19 a-oI q before me,90L—1 n,t —
(insert name and title of the officer)
personally appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the Baine in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS m hand and official seal.
Y CATARINA TERBINATTiIWATA
Notary Public•California
N;. Los Angeles County
Q� Commission#2244477
Signature �^-� ee� l/�---(Seal) 1 o My Comm.Expires Jun 25 2022
9
4835-7707-3265,3
The Irani Trust under Declaration of Trust
dated July 19, 1990, as amended
i�By:
Darius Irani, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
1
State of California )
County of
On V(l,d. lc/, Z19 before me,
(insert name and title of the officer)
personally appeared DARIUS IRANI, wbo proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
OMY
CATARINA ZERBIMATTiIWATA
No:ary Public-CaYornia
Los Angeles County
�� Commissions Jun 25,7
Signature (Seal) Comm.Exlrlres Jun 25,2022
10
4835-7707-3265.3
John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust
dated December 31, 1989, as amended dated December 31, 1989,as amended
By: &444 By.
Charles Dean John, Tru ee Marjori nn John, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California }
County of S � }
On 4i c 1 q cel before me, .�' 'tqa �ef�nd-(�'' c ,�o�*y VL-)>1'C-
(insert
L l 1'C
(insert name and title of the officer)
personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINA 2ERBINATTI IW
g
T
A
Notary public.California
Las Angeles County
Commission2244477
Signature eal) My Comm,Expires
Jun 25,2022
11
4835-7707-3265.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of
On c-(, Q� o( 9 before me, U; a n'c, f `�► �, ��,,.�c r ,J �c r y �1% c.
(insert name and title of the officer)
personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
eMy
CATARINA ZERIIINA-711WATA
Notary Public-California
Los Angeles County
Signatures (Seal) Commission H 2244477
Comm.Expires Jun 25,2022
12
4835-7707-3265.3
C. Leroy Doty and Janette Fulton Doty Living
Trust under Declaration of Trust dated July 27,
1995
By: 'a.ri
Jane to Fulton Doty,Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of
On ' ,rte ; before me, A"Jjj- t.,�/�CL��
(insert name and title#the of ficer) t/
personally appeared JANETTE FULTON DOTY, who proved to me on the basis of satisfactory
evidence to be the personWwhose narn K&/ae--subscribed to the within instrument and
acknowledged to me thatei�tie3�-executed the same ineF h4k-authorized capacity(4es),
and that by er their signature(4 on the instrument the personX, or the entity upon behalf of
which the pers acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
lie DARLEEN N,FARAGALLI
Notary Public-California
Orange County
Signature L42&4-14 c gal) xCommission✓f 2278085
My Comm.Expires Mar 5,1423
13
4835-7707-3265.3
The Hauser Family Living Trust, dated
January 10, 2007 as amended
Barbara Van Buren Hauser,Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of Los Al2t fries )
On—S-ZZ'19L before me, NDkry pclb(IC
(insert name and title of the officer)
personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NICK SARTINI
COA�1M.02151394,
L�s
LNOTARY P.uBIIC CAIIFORNV+Signature JGC� c� (Seal) *wh APM 42M
14
4835-7707-3265.3
CITY:
Town Center Development Agency of the City of Tigard,
an ORS 457 Urban Renewal Agency
By:
Name:
Its:
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on this day of
120--, by as of Town
Center Development Agency of the City of Tigard,an ORS 457 Urban Renewal Agency,
NOTARY PUBLIC FOR OREGON
My Commission Expires:
15
4835-7707.3265.3
EXHIBIT A
Apartment Property Legal Description
Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT, a plat of
record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette
Meridian,in the City of Tigard, County of Washington and State of Oregon,with the Northerly
line of SW Ash Street as dedicated in Document No. 93-66064, Washington County, Oregon Deed
Records, said point bears North 43°1859"West along the Southwesterly line of said Tract 9,
30.06 feet from the Southerly comer thereof and running thence North 43°18'59" West along the
said Southwesterly line, also being the Northeasterly line of VIEWCREST TERRACE,also a plat
of record in said Section 2, 380.48 feet to an iron pipe at the Southwesterly comer thereof;thence
North 49°13'57"East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod;
thence North 44°10'00" West, 821.63 feet to an iron rod on the Southerly right of way of SW Main
Street;thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of
which bears South 38°30'03" East and the long chord of which bears North 54°47'50" East,
215.15 feet)215.27 feet to a point; thence North 58°05'43" East, 202.33 feet to a point;thence
along the said Southerly right of way as described in Document No. 93-66065 of said Deed
Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51"West and the
long chord of which bears North 67°59'49"East, 119.90 feet) 122.23 feet to a point; and thence
North 48034130" East, 124.67 feet to an iron rod;thence South 44°25'04"East along the
Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said
Washington County, Oregon Deed Records, 366.43 feet to a point; thence along that certain tract
of land as described in a Dedication Deed recorded as Document No. 93-99583 said Deed Records
the following courses and distances: South 32°27'23" East, 16.65 feet;thence South 13°04'22"
East, 32.24 feet; thence South 5°35'25" East, 16.99 feet;thence South 10°20'55"West, 12.90 feet;
thence South 72°29'08"West, 160.97 feet;thence South 29°06'49" West, 11.93 feet;thence South
14°11'17" East, 15.09 feet; thence South 52°06'27" East, 18.09 feet; thence North 74°58'07"East,
122.30 feet;thence South 54030'27" East,49.33 feet; thence South 52°22'23" East,41.99 feet;
thence South 44°21'06" East, 130.95 feet;thence South 1°26'51" East, 12.01 feet;thence South
18023'48" West,28.46 feet;thence South 48°44'28" West,30.31 feet;thence South 18°18'44"West,
38.94 feet;thence South 35°49'16" West 31.10 feet;thence South 64°20'35" West,46-97 feet;
thence South 52°36'19"West, 125.88 feet; thence South 31°09'51" West, 6.83 feet;thence
South 10°55'00" East,21.63 feet;thence South 28°48'18"East, 5.28 feet;thence South 88°38'42"
East,6.11 feet;thence North 58°53'18" East, 121.27 feet;thence South 31°37'34" East,31.91 feet;
thence North 85126'56"East, 8.10 feet; thence North 1°25'03"West, 58.56 feet;thence
North 88007'20" East, 152.92 feet;thence South 2°46'16" East, 56.02 feet;thence South 37°05'17"
East, 26.75 feet; thence South 27°36'04"East, 38.37 feet;thence South 6°23'10"East,29.56 feet;
thence South 33°34'48"East,45.70 feet; thence South 6°21'35" East,20.46 feet;thence
South 62°07'17"West, 128.66 feet;thence South 5313928" West, 20.95 feet;thence
South 60°56'53" West, 74.92 feet; thence South 5°2719" West, 66.56 feet; thence South 12°58'11"
East,37.66 feet;thence South 47042'20" East, 3.71 feet to a point on the said Northerly right of
way line of SW Ash Street; thence along the said Northerly line of that certain tract of land as
described in Document No. 93-66064, South 43°00'20" West,297.19 feet to the point of beginning.
A-1
4835-7707-3265.3
EXHIBIT B
Public Dedication Strip Legal Description
A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE I WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY,OREGON AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED IN DOCUMENT NUMBER 96077957,WASHINGTON COUNTY DEED
RECORDS,BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT
DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48"WEST
191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING;THENCE
LEAVING SAID NORTHERLY LINE SOUTH 47003'36"WEST 3.91 FEET;THENCE NORTH
42056'24" WEST 45.45 FEET;THENCE SOUTH 47°02'12'WEST 5.11 FEET;THENCE
NORTH 4205748" WEST 7.57 FEET; THENCE SOUTH 47°02'12' WEST 6.00 FEET;THENCE
NORTH 42057'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
S.W. MAIN STREET; THENCE NORTH 50'14'01" EAST 15.02 FEET ALONG SAID
SOUTHERLY LINE;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42057'48" EAST
194.44 FEET TO THE POINT OF BEGINNING,
ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY
OF S.W. MAIN STREET.
ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT
NUMBER 96077957.
CONTAINING 2373 SQUARE FEET,MORE OR LESS.
B-1
4635-7707-3265.3
EXHIBIT C
Public Dedication Strip and Construction Easement Area Drawing
LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 1 WEST,W,M,,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
WIDTH VARIES S.W. MAIN STREET
LT
DOCUMENT NUMBER
2002.113591
2SID2AC101100
DOCUMENT NUMBER LINE TABLE
96077957 UNE # LENGTH DIRECTION
L1 3.91' 547003'36'W
25302AG8G201 L2 45.45' N42°86'24"W
` �
1 a�i L9 5111' S47002'12"W
°ty L4 7.57' N42457'48"W
L5 6.00' 54700211211W
L6 142.25' N42°57'48"W
L7 15,02' N50-14-01-E
I.5
a
L3
POINT OF
BEGINNING
REfISTERED
PROFESSIONAL
LANE) SURVEYOR
a
3
v OREGON
t
Y 21,2013
ALLEN KOHN
z 8964PLS
RENEWS: 6130/19
40 20 0 40
C-1
4835-7707-3265.3
EXHIBIT D
Form of Dedication Deed
D-1
4825-6317-5034.3
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
File No.
DEDICATION DEED
FOR ROAD OR STREET PURPOSES
Highlands Associates,Ltd., a California limited partnership (undivided 35%),Casa La Veta
Associates,LP, a California limited partnership(undivided 48.5%),Charles Dean John and
Marjorie Ann John,as Trustee of the John Family Trust under Declaration of Trust dated
December 31, 1989,as amended(undivided 4.125%),Darius Irani,as Trustee of the Irani Trust
under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%), Janette Fulton
Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust,under Declaration dated
July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser,Trustee of the Hauser Family
Living Trust, dated January 10,2007,as amended(undivided 4.125%),all as tenants in common
(collectively"Grantors") do hereby dedicate to the public a perpetual right-of-way for street,road,
and utility purposes on, over, across,under,along, and within a portion of the real property located
at 9270 SW Maplewood Drive, Tigard, in Washington County, Oregon, and described in the
attached Exhibit"A":
To have and to hold the above-described and dedicated rights unto the public forever for uses and
purposes hereinabove stated.
The grantors hereby covenant that they are the owner in fee simple and the property is free of all
liens and encumbrances,they have good and legal right to grant their right above-described and
they will pay all taxes and assessments due and owing on the property.
The true consideration for this conveyance is $63,311.64. However,the actual consideration
consists of or includes other property or value given or promised which is the whole consideration.
IN WITNESS WHEREOF, I hereunto set my hand on this day of ,2019.
[signature pages followl
1
4848-5175-7690.3
GRANTORS:
Casa La Veta Associates, LP,
a California limited partnership
By: John Family Partnership, By: Darius Irani Family Partnership Casa, i
a California general partnership, a California general partnership,
General Partner Ger:161:�1 Partner
By: By: z c,�i&S+1n cam Li-
Charles JoW,Managing Partner Darius Irani,'Managing Partner
AL(U"."Mary M, Iferloshon, Managing Partner K&Vu Pudum}ee, Managi g Partner
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of k s ('�'�SrZIS� )
Ong 19
(insert name and title of the officer)
personally appeared CHARLES JOHN, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/sbe/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. CATARINA ZERSINATTI IWATA�
emy
Notary Public-California
Los Angeles County
Commission 11 un 25,7
" wr�✓ c� Comm,Expires Jun 25,2612
Signature (Seal)
2
4848-5175-7690.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of �0 s
On`-P.%ati C� 1 a o 1 Q before me,uatD i n
(insert name and title of the officer)
personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. , CATARINA ZERBINATTI IWATA
Notary Public-Calirornla
Los Angeles County
Commission d 2244477
0� o My Comm.Expires Jun 25,2022
Signature -= Seal)
3
4848-5175-7690.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
Countyof
On Wtc 19 ao1 before me,l/eLav{t�o. �:y��,R ��o ��r� Y•���5�
(insert name and title of the officer)
personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct,
WITNESS my hand and official seal.
k CATARINA ZERBINATTIIWATA
Notary Pubk-California
Los Angeles County
Signature cKo- h' (Seal) P Commisslonp2244477
"" My Comm.Expires Jun 25,2U22
��.�vr r�•r`r�r.r r■ter�
4
4848-5175-7690.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of S _A_ 1� }
On'-7 - -Cj' before me,edeLf i,h'n- 1•1 el��^r c , J oicr- 4 pVj J;C_
(insert name and title of the officer)
personally appeared KER13ANU PUDUMJEE, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINA ZERBINATTI{!ATA
Notary Public-Cadfornia
QMy
Los Angeles County
Signature k�' 4�� (Seal) Commission p 2244477 Comm,Expires Jun 25,.22 1
5
4848-51,75-7690.3
Highlands Associates,Ltd.,
a California limited partnership
By: By: �� .U(.t to ildit�c�
Charles D. Joh#General Partner Darius K. Irani, General Partner
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of 1-0S A,' 'L'j }
On —A Q�.c4 19, -&19 before me,�"-rto.
(insert name and title of the officer)
personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. �, aCATARINA2EREINATTI IWATA
;* Notary Public-California
Los Angeles County f
L Commission#2244477 [
� k__(Seal)
o My Comm.Expires Jun 25,2022 �
Signature - � r.�
6
4848-5175-7690.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of
u t ! U�
On �.��. 191 ao t � before me,eo-ts-Y zit¢ n n--U" /1 L
--��� T-�.>��,
(insert name and title of the officer)
personally appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.y; CATARINA ZERBINATTI IWATA
Notary Public-California
Los Angeles County
Signature (Seal) Commission N 2244477
r " ' My Comm.Expires Jun 25,2022
7
4848-5175-7690.3
The Irani Trust under Declaration of Trust
dated July 19, 1990, as amended
By: i ki�LAAA-k 1111L'04�t'�
Darius Irani, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L,35
On 7vta,x cl 1 4 Ap 1 before me,&rl'ena- Z1-44�h 'ta-, �10 lv'!Yf lic-
(insert name and title of the officer)
personally appeared DARIUS IRANI,who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. CATAMNA zERBINATTl IWATA
Notary Public-California
eMy
Los Angeles CountyCommission It 2244477
Signature (Seal) Comm.Expires Jun 15,2022 y
(Seal)
8
4848-5175-7690.3
John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust
dated December 31, 1989, as amended dated December 31, 1989, as amended
By: esti By:
Charles Dean John, T ce Marjorie John, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of sJv )
0
On �yt cCt_ l 9r ,2. t 9 before me,l e.0-n` u,-Z aL-- J o
(insert name and title of thdofficer)
personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINA 7ERBINATTI IWATA
- Notary Public-California
Los Angeles County
Signatire � Sal) Commission#2244477
°" My Gomm.Expires Jun 25,2022
9
4848-5175-7690.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L1:33
s
OILOn 7' ,t.e 19 02 o t 9 before me, OIL Lo� '
(insert name and title of the officer)
personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted,executed the instrument.
I certify under PENALTY OR PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
� CATARINA ZERBlNATTIIWATA
Notary Public•California
GMy
Los Angeles County
Commission#2244477
Signature � cal) Comm.Expires Jun 25 2022
10
4848-5175-7690.3
C. Leroy Doty and Janette Fulton Doty Living
Trust under Declaration of Trust dated July 27,
1995
By: .� .
Janette Fulton Doty,Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of 61
Onbefore me, p Azw"� V ash �1��
(insert name and le of the officer)
personally appeared JANETTE FULTON DOTY, who proved to me on the basis of satisfactory
evidence to be the person(�whose namep�&Ja;*,—subscribed to the within instrument and
acknowledged to me that fiea executed the same in e`f}��eir authorized capacity(-ie*),
and that by ler the sig id re on the instrument the per, nX, or the entity upon behalf of
which the pers ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. AN
.T4 OARLEEN N.FARAGALLI
Notary Public•California z
SInatUr Seal ` ' Orange County
g ) Commission#2278085
My Comm.Expires Mar 5,2023
li
4848-5175-7090.3
The Hauser Family Living Trust, dated
January 10,2007 as amended
By: � 'I C
Barbara Van Buren Hauser, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is .
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California ) °
County of ®s Aa.)e les )
On '�" Z"� before me, r" - 4-1 rt s -I*,P
(insert name and title of the offic r)
personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the. State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. W NICK SARTINim
COMM.#2151394- -i
G < ' NOTARY PUBLIC®CALIFORNIA
r LOS ANGELES COUNTY
Signature (Seal) 3+,n — Comminian Expires APWL 30,ZM
12
4848,5175-7690.3
f
Accepted on behalf of Town Center Development Agency of the City of Tigard this
day of , 2Q
By:
Name:
Its:
13
4848-5175-7890,3
EXHIBIT A
Description of the Dedicated Property
A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED IN DOCUMENT NUMBER 96077957, WASHINGTON COUNTY DEED
RECORDS,BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT
DESCRIBED IN DOCUMENT NUMBER 96077957;THENCE NORTH 42°57'48"WEST
191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 47003'36"WEST 3.91 FEET; THENCE NORTH
42056'24" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET;THENCE
NORTH 42057'48" WEST 7.57 FEET; THENCE SOUTH 47°02'12'WEST 6.00 FEET;THENCE
NORTH 42057'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
S.W. MAIN STREET;THENCE NORTH 50°14'01"EAST 15.02 FEET ALONG SAID
SOUTHERLY LINE;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48" EAST
194.44 FEET TO THE POINT OF BEGINNING.
ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY
OF S.W. MAIN STREET.
ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT
NUMBER 96077957.
CONTAINING 2373 SQUARE FEET,MORE OR LESS.
A-1
4848-5175-7690.3
Public Dedication Strip
LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M.,
CITY OF TIGARD, WASHINGTON COUNTY,OREGON
WIDTH VARIES S.W. MAIN STREET o
L7
DOCUMENT NUMBER
2002.113691
2SI02AVolloo LINE TABLE
DOCUMENT NUMBER
96077957 LINE# LENGTH DIRECTION
L1 3.91' 547°03'36"W
*
2S102AC/00201 L2 45.45' N42°56'24"W
CD
L3 5.11' 547.07'12"W
L4 7.57' N42°57'48"W
L5 6.00' 547"02'12"W
y L.6 142.25' N42"57'48"W
y L7 15.02' N50°14101"E
LS
POINT OF
REGINNING
REGISTERED
PROFESSIONAL
L LAND SURVEYOR
0
m
3
t
REGON
21, 2413LLEN KOHN
964PLS
2 0 0 4{)
RENEWS: 6/30/19
40
A-2
4848-5175-7890.3
EXHIBIT E
Form of Memorandum of Purchase and Sale
E-1
4825-6317-5034.3
After recording return to:
Kelly Hossaini
Miller Nash Graham&Dunn LLP
111 S.W. Fifth Avenue, Suite 3400
Portland, Oregon 97204
MEMORANDUM OF PURCHASE AND SALE AGREEMENT
This Memorandum of Purchase and Sale Agreement(this "Memorandum") is made as of
, 2019, between Highlands Associates, Ltd., a California limited
partnership (undivided 35%), Casa La Veta Associates, LP, a California limited partnership
(undivided 48.5%), Charles Dean John and Marjorie Ann John, as Trustee of the John Family
Trust under Declaration of Trust dated December 31, 1989, as amended(undivided 4.125%),
Darius Irani,as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as
amended(undivided 4.125%), Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette
Fulton Doty Living Trust, under Declaration dated July 27, 1995 (undivided 4.125%), and
Barbara Van Buren Hauser, Trustee of the Hauser Family Living Trust, dated January 10,2007,
as amended (undivided 4.125%), all as tenants in common (collectively "Seller"), and Town
Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency
("Buyer").
Pursuant to a Purchase and Sale Agreement dated 12019
("PSA"), Seller agreed to sell to Buyer a certain strip of land more fully described on attached
Exhibit A(the "Property"), located within Seller's real property at 9270 SW Maplewood Drive,
Tigard, Washington County, Oregon,more particularly described in the attached Exhibit B. The
terms upon which Seller has agreed to sell the Property to Buyer are set forth in the PSA, to
which reference is made for all purposes.
This Memorandum is to be recorded in the official records of Washington County,
Oregon in order to give notice of the existence of the PSA. This Memorandum will not be
deemed or construed to define, limit, or modify the PSA, or any provision thereof, in any
manner.
IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as
of the day and year first above written.
[signature pages follow]
1
4817-9319-2570.3
SELLER:
Casa La Veta Associates,LP,
a California limited partnership
By: John Family Partnership, By: Darius Irani Family Partnership Casa,
a California general partnership, a California general partnership,
General Partner General Partner
By: A By: A LLd a,a 4 LaA-�
Charles JoW,Managing Partner Darius Irani,Managing Partner
r
B)� By: _
AAAAk
Mary M. f5erloshon, :Managing Partner Ke nu Pudumj ee, Managing artner
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L<.--)S �-' )
on.- 1 9 r 9 before me,��`rto r�•`.,r v �o +ry ���lt'c-
(insert name and title of he officer)
personally appeared CHARLES JOHN, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. ei- MY
CATARiNA ZERBINATTI IWATA
Notary Public-California =
Los Angeles County
Commission d 2244477
Signature / te r Seal) Comm.Expires Jun 25,2022 J
2
4817-9319-2570.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L,::,s
On �^ 2- t 9, o2AI 9 before me,V�n-I<I, �� P , .J a �y eL r c..
(insert name and title of the officer)
personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.y CATARINA ZERBINATTI IwATA
Notary Public-California
Los Angeles County
Signature /(I— (Seal) r ' Commission#2244477
My Comm.Expires Jun 25,2922
3
4817-9319-2570.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
I
State of California )
County of
On`h-��.c L l q r�( 9 before me, z no -{ 'h� -o
T--
(insert name and title of the officer)
personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINAZERBINKMIWATA
Notary Public-California
Signature ' ''"" ""�eal) j Commission#2244477
My COMM.Expires Jun 2 '2022
4
4817-9319-2570.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document. i
I
State of California )
County of
On VG� L 9+ "Zo r 9 before me, �4.r .T z.,
(insert name and title of the officer)
personally appeared KERBANU PUDUMJEE, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINAZERBINATTIIWATA
t�i��T Notary e•California
�
Signature los Angelnptes County
eal) _ P Commission#2144477
My Comm.Expires Jun 25,2022
5
4817-9319-2570.3
Highlands Associates, Ltd.,
a California limited partnership
By: P ,�y-�.`_ By: R �w�-sti�ttiu
Charles D. John, eneral Partner Darius K. Irani, General Partner
Ao ant ry public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L-o-s
On c @ L `�r r f 4 before me,C �r'vt
(insert name and title of the officer)
personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
eMy
CATARINA ZERBINATTi IWATA
- Notary Public-California
gr! s`'�" ( ) Los Angeles County
Sr nature -�- Seal Commission M 2244471
Comm.Expires Jun 25,2022
6
4817-9319-2570.3
A notary public or. other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document,
I I
State of California )
}
County of
On a2,�t 4 before me, 'l Jo ri`.z a of k' T�J
(insert name and title of the officer)
personalty appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
eMy
CATARINAZERBINA"IVIATA
Notary Public-Caiifo,nla
Los Angeles County
Commission a 2244477
Signature Seal) Comm.Expires Jun 25,2022
7
4617-9319-2570.3
The Irani Trust under Declaration of Trust
dated July 19, 1990,as amended
Darius Irani, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual !'!
who signed the document to which this certificate is I
attached, and not the truthfulness, accuracy, or validity
Of that document.
f �
State of California )
County of
On« AILO-'L C,� l 9� 02before me,0
(insert name and title of the officer)
personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
- CATARINA ZERSINATTi wATA
_ _ Notary Pubki<-California
E .a a Los Angeles County f
Signature ��'L�� Commission R 2244477
My Comm.Expires Jun 25,2C22
g
4817-9319-2574.3
John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust
dated December 31, 1989, as amended dated December 31, 1989,as amended
By: _ (-M" Ped By: W ltt---c A 4,P�e Z
Charles Dean John, Tru*e Marjorie Inn John, Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
i of that document.
L_—
State of California )
County of Lo-S
On �'LG�c�, ( 9e2 b P? before me, 1-W-k-,
(insert name and title of the officer)
personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATARINAZERBINATTI VATA
Notary Public-Californla
a ® z Los Angeles County ;
Signature ����tiu,,G (Seat) Commission M 2244477
My Comm.Expires Jun 25,2022
9
4B 17-9319-2570.3
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of S A— )
On l`? 9 before me,�4��tea-�s;rr,��' ��t� , �o �c��j ���1, C
(insert name and title of the officer)
personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
eMy
CATARINAZERBINATTIIWATA
Notary Public•California
Los Angeles CountyCommission#2244477
Signatur ` Seai) Comm.Expires Jun 25,2022
10
4817-9319-2570.3
C. Leroy Doty and Janette Fulton Doty Living
Trust under Declaration of Trust dated July 27,
1995
By:
Janette Fulton Doty,Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County ofdGl—�� }
On dA','W, "Jq before
(insert name and titjV of the officer)
personally appeared JANETTE FULTON DOTY, who proved to me on the basis of satisfactory
evidence to be the person(s,),4hose nameAVaro-subscribed to the within instrument and
acknowledged to me that hoofigthe-y executed the same in-4+a Aheir authorized capacitykino,
and that by-hi l! thetrsignatuurre(4 on the instrument the person(s�,or the entity upon behalf of
which the person{ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. }�
SDARLEEN N.FARAGALU
Notary Public-California
Signature , (Seal) ` r Orange County
Commission k 2278085
My Comm.Expires Mar 5,2023
it
4817-9319-2570.3
The Hauser Family Living Trust, dated
January 10, 2007 as amended
By: I J��J
Barbara Van buren Hauser,Trustee
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of L DS A i j jp le-S )
On before me, e
k Sain; A N40✓' iC
(insert name and title of the officer)
personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. +�
6 NICK SARTINI x
COMM.#2151394 —�
Signature (Seal)
NOTARYsANr.E ESC 9 COUNTY IA
tAS ANGELES COUNTY
Commission Expires APRIL 30.. 20
12
4817-9319-2570.3
BUYER:
Town Center Development Agency of the City of Tigard,
an ORS 457 Urban Renewal Agency
By:
Name:
Its:
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on this day of
'20 by as of Town
Center Development Agency of the City of Tigard,an ORS 457 Urban Renewal Agency.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
13
4817-9319-2570.3
EXHIBIT A
Description of the Property
A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY,OREGON AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED IN DOCUMENT NUMBER 96077957,WASHINGTON COUNTY DEED
RECORDS, BEING DESCRIBED AS FOLLOWS;
COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT
DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57148"WEST
191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 47003'36" WEST 3.91 FEET;THENCE NORTH
42056'24" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE
NORTH 4205748"WEST 7.57 FEET;THENCE SOUTH 47°02'12'WEST 6.00 FEET; THENCE
NORTH 42057'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
S.W. MAIN STREET;THENCE NORTH 50°14'01" EAST 15.02 FEET ALONG SAID
SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 4205748" EAST
194.44 FEET TO THE POINT OF BEGINNING.
ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY
OF S.W. MAIN STREET.
ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT
NUMBER 96077957.
CONTAINING 2373 SQUARE FEET, MORE OR LESS.
A-1
4817-9319-2570.3
Public Dedication Strip and Construction Easement Area Drawing
LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 1 WEST,W.K,
CITY OF TIGARD,WASHINGTON COUNTY,OREGON
WIDTH VARIES S.W. MAIN STREET $
L7
1 DOCUMENT NUMBER
2002.113691
1 2SI02AC401100
DOCUMENT NUMBER 1, LINE TABLE
96077457 1 LINE# LENGTH DIRECTION
l LI 3.91' S47103'36"W
A
2slazAc/00201 L2 49.45' N42456'24"W
` '�
LJ 5.11' 547°02'12"W
1 ° L4 7.57' N42°57'48"W
L5 6.00' S47002'12"W
Lb 142.25' N42`57'48'W
L7 15.02' N50°14'01"E
45
S
l�
POINT OF
BEGINNING
REGISTERED
PROFESSIONAL
LAN
D SURVEYOR
o
3
e OREGON
MAY 21,2013
N PAUL ALLEN KOHN
00 Z 58964PLS
RENEWS;6/30/19
4D 20 0 40
A-2
4817-9319-2570.3
EXHIBIT B
Description of Seller's Property
Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT,a plat of
record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette
Meridian, in the City of Tigard,County of Washington and State of Oregon,with the Northerly
line of SW Ash Street as dedicated in Document No. 93-66064, Washington County,Oregon Deed
Records, said point bears North 43°18'59"West along the Southwesterly line of said Tract 9,
30.06 feet from the Southerly corner thereof and running thence North 43°18'59"West along the
said Southwesterly line,also being the Northeasterly line of VIEWCREST TERRACE, also a plat
of record in said Section 2,380.48 feet to an iron pipe at the Southwesterly corner thereof;thence
North 49'13'57"East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod;
thence North 44°10'00" West, 821.63 feet to an iron rod on the Southerly right of way of SW Main
Street;thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of
which bears South 38°30'03" East and the long chord of which bears North 54°47'50"East,
215.15 feet)215.27 feet to a point;thence North 58005'43" East, 202.33 feet to a point;thence
along the said Southerly right of way as described in Document No. 93-66065 of said Deed
Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51"West and the
long chord of which bears North 67°59'49" East, 119.90 feet) 122.23 feet to a point; and thence
North 48°34'30" East, 124.67 feet to an iron rod; thence South 44°25'04" East along the
Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said
Washington County, Oregon Deed Records, 366.43 feet to a point; thence along that certain tract
of land as described in a Dedication Deed recorded as Document No. 93-99583 said Deed Records
the following courses and distances: South 32°27'23"East, 16.65 feet;thence South 13°04'22"
East,32.24 feet; thence South 5135'25" East, 16.99 feet; thence South 10120'55"West, 12.90 feet;
thence South 72129'08"West, 160.97 feet;thence South 29006'49"West, 11.93 feet;thence South
14°11'17" East, 15.09 feet;thence South 52006'27"East, 18.09 feet;thence North 74°58'07"East,
122.30 feet; thence South 54°30'27" East, 49.33 feet;thence South 52°22'23"East,41.99 feet;
thence South 44021'06" East, 130.95 feet;thence South 1°26'51" East, 12.01 feet; thence South
18°23'48" West,28.46 feet;thence South 48°44'28"West, 30.31 feet;thence South 18°18'44"West,
38.94 feet; thence South 35°49'16"West 31.10 feet;thence South 64°20'35" West,46.97 feet;
thence South 52136'19" West, 125.88 feet;thence South 31°09'51" West,6.83 feet; thence
South 10°55'00" East,21.63 feet;thence South 28°48'18"East, 5.28 feet; thence South 88°38'42"
East,6.11 feet;thence North 58053'18" East, 121.27 feet;thence South 319734"East, 31.91 feet;
thence North 85026'56" East, 8.10 feet;thence North 1°25'03" West, 58.56 feet;thence
North 88°07'20" East, 152.92 feet;thence South 2146'16" East, 56.02 feet;thence South 37°05'17"
East,26.75 feet;thence South 27°36'04" East,38.37 feet; thence South 6°23'10" East,29.56 feet;
thence South 33034'48"East, 45.70 feet; thence South 6°21'35" East,20.46 feet;thence
South 62°07'17" West, 128.66 feet;thence South 53°39'28" West,20.95 feet;thence
South b0°56'53"West, 74.92 feet;thence South 5°27'19"West, 66.56 feet;thence South 12058'11"
East,37.66 feet;thence South 47042'20" East, 3,71 feet to a point on the said Northerly right of
way line of SW Ash Street; thence along the said Northerly line of that certain tract of land as
described in Document No. 93-66064, South 43°00'20" West, 297.19 feet to the point of beginning.
B-1
4817-9319-2570.3