TCDA Resolution No. 19-09 CITY OF TIGARD, OREGON
TOWN CENTER DEVELOPMENT AGENCY
RESOLUTION NO. 19-_a
A RESOLUTION APPROVING AN AGREEMENT TO CONVEY AN
EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET AND
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER
DEVELOPMENT AGENCY TO TAKE ALL NECESSARY ACTIONS TO
COMPLETE THE AGREEMENT ON BEHALF OF THE AGENCY
WHEREAS, the Fanno Creek Overlook project will provide public space and an improved trail
connection along Fanno Creek along what is currently the egress driveway for the Fanno Creek
Brewpub and neighboring commercial building; and
WHEREAS, Section VIII of the City Center Urban Renewal Plan authorizes property acquisition
(including easements) from willing sellers within the urban renewal district to complete public
improvements; and
WHEREAS, the acquisition of an easement on an 11,928 square foot piece of land adjacent to
12562 SW Main Street is needed to build the Fanno Creek Overlook project; and
WHEREAS, the City Center Urban Renewal Plan has been amended to include the property
acquisition as a project; and
WHEREAS, the agency and the property owner have negotiated an Agreement to Convey
Easement for the property.
NOW,THEREFORE, BE IT RESOLVED, by the Tigard Town Center Development Agency that:
SECTION 1: The Board of Town Center Development Agency agrees to the terms of the
Agreement to Convey Easement,in substantially the form attached as
Exhibit A.
SECTION 2: The Board of Town Center Development Agency authorizes the Executive
Director of the TCDA to take all necessary actions to complete the
Agreement to Convey Easement on behalf of the agency.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This La of -lVln Wl�ey— , 2019.
TCDA Resolution No. 19--03
Page 1
Ch ' —City of Tigard
Town Center Development Agency
ATTEST:
Recorder—City of Tigard
Town Center Development Agency
TCDA Resolution No. 19-
Page 2
EXHIBIT A TO RESOLUTION
AGREEMENT TO CONVEY EASEMENT
BETWEEN:
12562 Main Street LLC, an Oregon limited
liability company ("Grantor")
And
Town Center Development Agency,
an ORS 457 urban renewal agency ("Grantee")
RECITALS
A. Grantor owns unimproved real property consisting of approximately 11,928 sq.
ft. located on SW Main Street in Tigard, Washington County, Oregon (the "Easement Area") as
more particularly described and shown on Exhibit"A"hereto.
B. Grantee desires to obtain and Grantor agrees to convey an easement over,
across and under the Property on the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration described in this Agreement,the
sufficiency of which is hereby acknowledged, the parties hereto agree as set forth below.
1. Conveyance: Grantor agrees to convey to Grantee a perpetual exclusive (except as provided
herein) easement on, over and across the Easement Area for pedestrian and bicycle access, Fanno
Creek access and placement of utilities, including but not limited to the right to improve, repair,
maintain and regulate the Easement Area. The easement shall be in substantially the form set forth
in Exhibit `B" hereto (the "Easement Conveyance"), and be subject to:
1.1 Reservation: a reservation in favor of Grantor providing for temporary access to the
Easement Area by Grantor to facilitate reasonable, necessary and customary construction,
maintenance or repair of Grantor's improvements located on that portion of Grantor's property
adjacent to the Easement Area;
1.2 Condition: a condition precluding use of the Easement Area by Grantee until Grantee's
post-closing obligation to provide the Driveway Expansion is satisfied; and
1.3 Condition: Grantee's obligation to maintain the Easement Area in a reasonably clean and
safe condition, consistent with its maintenance of the Fanno Creek Trail in the downtown area of
Tigard.
1.4 Reservation: a reservation in favor of Grantor providing for the perpetual right of access
to the extent provided in the Easement Conveyance over and across the Easement Area by Grantor
and Grantor's principals, employees, agents, contractors, invitees, and tenants for ingress and egress
to improvements located on or to be constructed on the property with the address of 12562 Main St.,
Tigard, Oregon (the "12562 Property").
{00124834;1} 1 Agreement to convey easement
Grantor further agrees to convey to Grantee an easement for temporary access for the benefit of that
certain property adjacent to Grantor's property to facilitate reasonable,necessary and customary
construction, maintenance or repair by Grantee of the Easement Area, as provided in the Easement
Conveyance.
2. Consideration: Consideration for the conveyance of the Easement Area consists of:
2.1 Purchase price: Grantee shall pay to Grantor the sum of$118,000 as compensation for
the Easement Area, together with $50,000 as compensation for the cost to cure impacts on the
parking area(the "Parking Lot") located at the rear of, and serving, the property owned by Grantor
and the property that is owned by Main St. LLC and Michael P. Dudunakis, as tenants in common
(the "12564, 12566 and 12568 Property Owner")which is located at 12564, 12566 and 12568 Main
St., Tigard, Oregon(the "12564, 12566 and 12568 Property") for a total monetary consideration of
$168,000. Payment shall be made in full at Closing as provided in Section 7. If requested by
Grantor, Grantee shall allocate the total monetary consideration payable by Grantee pursuant to this
Section 2.1 between Grantor and the 12564, 12566 and 12568 Property Owner in such amounts as
directed by Grantor.
2.2 Driveway improvements: As a post-Closing obligation, Grantee shall, at Grantee's sole
cost and expense cause the existing single lane drive aisle on the southwest side of the 12564, 12566
and 12568 Property accessing the Parking Lot to be expanded to provide two-way access to the
Parking Lot and make such other changes as are mutually agreed to by Grantor and Grantee such
that two-way access to the Parking Lot is available to both the 12562 Property and the 12564, 12566
and 12568 Property(the "Driveway Expansion"). The Driveway Expansion shall consist of: (a)the
public dedication strip consisting of approximately 2373 sq. ft., as shown on Exhibit"C"hereto and
(b) improvement of the dedication strip to City of Tigard standards together with improvements to
Grantor's existing drive aisle to the extent reasonably necessary to tie into the Driveway Expansion.
Grantee's plans and specifications for the Driveway Expansion shall be subject to the prior written
approval of Grantor, which approval shall not be unreasonably withheld, and all work shall be done
consistent with the approved plans and specifications. Grantor shall provide reasonable access to the
drive aisle to complete the Driveway Expansion; provided, however, notwithstanding anything to the
contrary contained in this Agreement, in no event may Grantee perform any work in the Easement
Area or with respect to the Driveway Expansion in any manner that will temporarily preclude access
to the Parking Lot to Grantor or the 12564, 12566 and 12568 Property Owner or their respective
agents, employees, contractors, invitees or tenants during established business hours, it being
understood that it is the intention of the parties that at all times during business hours, Grantor and
the 12564, 12566 and 12568 Property Owner and their respective agents, employees, contractors,
invitees or tenants shall have uninterrupted access to the Parking Lot, either by way of the driveway
currently located in the Easement Area or the driveway located in the Driveway Expansion area.
Prior to performing any work on the 12562 Property or the 12564, 12566 and 12568 Property,
Grantee shall cause all person or entities performing such work to maintain (and provide the owners
of both the 12562 Property and the 12564, 12566 and 12568 Property with a certificate of)
commercial general liability insurance, naming both the owners of the 12562 Property and the
12564, 12566 and 12568 Property as an additional insured, in form and content reasonably
acceptable to the owners of the 12562 Property and the 12564, 12566 and 12568 Property, in
{00124834;1) 2 Agreement to convey easement
amounts of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. The
obligations of this Section 2.2 shall survive Closing and recording of the Easement Conveyance.
2.3 Parking Lot Reconfiguration and Paving. Grantee at its sole expense shall make the
application to the City of Tigard and to Clean Water Services on behalf of Grantor for the pedestrian
and bicycle path and related improvements. Grantor intends to reconfigure and pave the Parking Lot
at its sole expense. Grantee and Grantor shall provide each other with an opportunity to review and
comment on their respective improvement plans and shall consult and coordinate with each other
reasonably and in good faith on such plans with the objective of minimizing costs and filing a joint
application with CWS,provided, however,that either party may elect to file a separate application.
It is understood that the permits and plans likely will include, among other things: (i)
accommodation of stormwater collection from building downspouts to an outfall location in Fanno
Creek, (ii)reconfiguring all parking stalls to a 9 feet width, (iii)p an access aisle within the parking
lot with 22 feet of clearance, (iv)relocation of trash enclosures, (v) adequate room for Parking Lot
signage, (vi)removal of Parking Lot landscaping, and(vii)possible plaza area amenities. This
obligation shall survive Closing and recording of the Easement Conveyance but shall terminate on
the date that is one-year from the date this Agreement is last executed.
2.4 Maintenance and repair of the driveway. After completion of the Driveway Expansion, each
party shall be primarily responsible for the maintenance and repair of their respective portions of the
driveway. Provided, however,that each party shall notify the other in advance of any such work that
involves an expenditure in excess of$5,000 and the parties shall consult and cooperate reasonably
and in good faith on the terms and conditions of such work, including allocation of responsibility
and costs. Maintenance and repair by Grantee shall not preclude uninterrupted access as provided in
paragraph 2.2, above. This obligation shall survive Closing and Recording of the Easement
Conveyance.
3. Contingencies:
3.1. Grantee shall have 45 days from the date of execution of this Agreement(the
"Contingency Period")to terminate this Agreement, in Grantee's sole discretion, for failure to be
satisfied as to any of the following:
3.1.1 Acceptance of title. Grantee shall be responsible for obtaining a preliminary
title report and accepting or rejecting any exceptions to title. Grantor and Grantee agree to seek to
resolve any title objections in good faith.
3.1.2 Within ten(10) days after the Effective Date, Grantor has delivered to Grantee
any and all documents known by Grantor to be in its possession or control relating to the Easement
Area relevant to Grantee's use and development of the Easement Area, including without limitation
land use approvals,permits, agreements related to the Easement Area that will survive Closing,
maps, surveys, inspection reports and studies, but excluding(a) documents that are no longer in
effect(b)tax documents, (c)documents subject to attorney client privilege, (d) documents relating to
potential transactions that have not occurred and(e) appraisals ("Property Documents"). Grantor
shall promptly deliver to Grantee any new or additional Property Documents that come to its actual
knowledge during the Contingency Period. Notwithstanding the foregoing, Grantor shall not be
required to deliver any of the following documents: (i) any proposals, letters of intent, draft contracts
{00124834;1} 3 Agreement to convey easement
and the like prepared by or for other prospective purchasers of the Easement Area, or (ii) Grantor's
internal memoranda, attorney-client privileged documents or privileged communications or
appraisals. Grantor and its agents shall have no responsibility or liability for the completeness or
accuracy of such information, make no representations with respect to such documents and
information, and Grantee assumes the entire responsibility for interpreting and assessing the
information provided, will rely solely on its own judgment in making a decision to Close.
3.1.3 Final approval. Approval of this Agreement by the TCDA Board of Directors.
3.1.4 Non-appropriation. Notwithstanding any other provision, Grantee's obligation
to Close is subject to appropriation of funds by its Board of Directors for fiscal year 2019-2020,
which shall be in the Board's sole discretion.
3.1.5 Release or Non-disturbance agreement. Grantor providing a release of the
Easement Area or non-disturbance agreement reasonably satisfactory to Grantee from each of the
lender(s) holding of record security interest in the 12562 Property and the 12564, 12566 and 12568
Property.
3.1.6 Grantor tendering to Escrow executed easements and otherwise performing each
and every obligation due before Closing.
3.2 Grantor's obligation to Close is contingent on:
3.2.1 Grantee performing each and every obligation due before Closing.
3.2.2 Grantee having obtained approval from the TDCA and tendered the monetary
consideration to Escrow.
3.2.3 Grantor obtaining approval of this Agreement from its lender within 60 days of
the date of this Agreement. If Grantor does not deliver to Grantee a written notice terminating this
Agreement on or before the date that is 60 days after the date of this Agreement, then Grantor shall
be deemed to have terminated this Agreement.
3.2.3 Grantee recording the public dedication deed attached as Exhibit `C'.
4. Representations and Warranties of Grantee. Grantee represents and warrants that, as of the
date of execution and Closing, all the representations and warranties of Grantee contained in this
Agreement are and shall be true and correct and shall survive Closing for a period of six (6) months.
Each of Grantee's representations and warranties is material to and is being relied upon by Grantor
and the continuing truth thereof shall constitute a condition precedent to Grantor's obligations
hereunder. Grantee represents and warrants to Grantor as follows:
4.1 Authority and Binding Effect. The execution and delivery of this Agreement has been
duly authorized and approved by all requisite action of Grantee and no other authorizations or
approvals will be necessary in order to enable Grantee to enter into or to comply with the terms of
this Agreement except as provided above. This Agreement and the other documents to be executed
by Grantee, upon execution and delivery thereof by Grantee, will have been duly entered into by
Grantee, and will constitute legal, valid and binding obligations except as provided above. To
Grantee's actual knowledge, neither this Agreement nor anything provided to be done under this
Agreement violates or shall violate any contract, document, understanding, agreement or instrument
to which Grantee is a party or by which it is bound.
4.2 No reliance. Grantee has not relied in any way on any representation of Grantor except as
expressly provided for herein and has fully and completely satisfied itself as to the condition of the
Property and is solely responsible for its decision to Close this transaction.
(00124834;1) 4 Agreement to convey easement
4.3 No Assignment. Grantee will not assign or otherwise transfer any of its rights or
obligations under this Agreement without the prior approval of Grantor.
5. Representations and Warranties of Grantor. Grantor represents and warrants that, as of the
date of execution and Closing, all the representations and warranties of Grantor contained in this
Agreement are and shall be true and correct and shall survive Closing for a period of six (6)months.
Each of Grantor's representations and warranties is material to and is being relied upon by Grantee
and the continuing truth thereof shall constitute a condition precedent to Grantee's obligations
hereunder. Grantor represents and warrants to Grantee as follows:
5.1 Authority. Grantor has authority and authorization to enter into this Agreement and
consummate the transaction contemplated by it and shall deliver such proof of the power and
authority as may be reasonably required by the Escrow Holder or Grantee.
5.2 Grantor is authorized to enter into this Agreement on behalf of itself, and the owners of
the 12564, 12566 and 12568 Property on the terms and conditions set forth in this Agreement,
including but not limited to granting access to and authorization for the Driveway Expansion and the
conveyance of the easement.
5.3 Assistance. During the Contingency Period Grantor shall provide reasonable assistance
to Grantee in addressing issues that arise,provided that Grantee remains responsible for all aspects
of Grantee's due diligence, verification of information and decision whether to Close.
5.4 Title. Grantor has sole legal and beneficial fee title to the Easement Area and has not
granted any person or entity any right or interest in the Easement Area or to access or use the
Easement Area except as set forth in this Agreement,the preliminary and final title report, and the
Property Documents.
5.5 Pending Transactions, Suits or Proceedings. To Grantor's knowledge, there are no suits,
proceedings, litigation, condemnation, or investigations pending or threatened against or affecting
the Easement Area or Grantor as the owner of the Easement Area in any court at law or in equity, or
before or by any governmental department, commission, board, agency or instrumentality.
5.6 No Further Encumbrances. As long as this Agreement remains in force, Grantor will not
convey any interest in the Easement Area nor any rights therein, nor permit or suffer any lien to be
placed on the property, including for labor or materials
5.7 Hazardous Materials. Grantor has not received any written notice that the Easement Area
is not now in violation of, and is not currently under investigation for violation of, any
Environmental Laws. Grantor hereby assigns to Grantee as of the Closing,to the extent assignable,
all claims, counterclaims, defenses or actions,whether at common law or pursuant to any other
applicable federal or state or other laws, if any, that Grantor may have against third parties to the
extent relating to the existence of Hazardous Materials in, at, on, under or about the Easement Area.
5.8 Federal Compliance. Grantor is not(and is not engaged in this transaction with or on
behalf of) a person or entity that Grantee is prohibited or restricted from doing business with
pursuant to antiterrorism laws, including but not limited to the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(Patriot Act),the
Bank Secrecy Act, the Trading with the Enemy Act, the International Emergency Economic Powers
Act, sanctions and regulations promulgated pursuant thereto by the Office of Foreign Assets Control,
as well as laws related to the prevention and detection of money laundering.
5.9 Voluntary Sale. Grantor acknowledges that this Agreement is a voluntary sale and that
Grantee has made no threat of condemnation.
(00124834;1} 5 Agreement to convey easement
6. AS-IS Conveyance. The Easement Area is being conveyed by the Easement Conveyance to,
and accepted by, Grantee at Closing in its then-present condition, AS-IS, WHERE IS, WITH ALL
FAULTS, and without any warranty whatsoever, express or implied, except for the representations
and warranties set forth herein in the Easement Agreement to be delivered at Closing. Grantee
acknowledges that: (a) it is acquiring an easement in the Easement Area AS-IS, WHERE IS, WITH
ALL FAULTS; (b) Grantee will have made or performed any and all tests, surveys, or other
examinations of the Easement Area as Grantee deems necessary prior to the end of the Contingency
Period; and(c) is relying solely on its own inspection, examination, due diligence and evaluation of
the Easement Area and Property Documents. Grantor has not made, is not now making, and
specifically disclaims, any and all warranties and representations of any kind, express or implied,
oral or written, with respect to the Easement Area, except for any representation or warranty made
herein or in the Easement Conveyance. The provisions of this Section 6 shall survive termination of
this Agreement, Closing and recording for six(6) months.
7. Closing. The parties will make good faith diligent efforts to close within 60 days of the effective
date of this Agreement, which date may be extended by mutual agreement which shall not
unreasonably be withheld. The transaction will be closed in the offices of First American Title
Company, c/o Rene Moody, 200 SW Market St. Suite 250, Portland OR 97201 ("Escrow").
7.1 Within 5 days of execution, Grantee will open escrow and deposit an executed copy of
this Agreement for use as escrow instructions.
7.2 Upon notice from the parties that all conditions precedent have been satisfied or waived
and deposit of all funds due to Grantor, Escrow holder shall close Escrow by (a) confirming
execution of all documents necessary for Closing including such documents as required by Escrow;
(b)recording the easement substantially in the form shown in Exhibits `B' and (c) delivering funds
and documents as set forth herein.
7.3 Escrow shall issue to Grantee a standard form title insurance policy in the amount
$118,000 at Grantee's expense.
7.4 All other expenses associated with recording and Closing shall be borne equally by the
parties.
8. Default and Remedies
8.1 If Grantee fails to Close in breach of this Agreement after 30 days' notice and
opportunity to cure from Grantor, Grantee shall be in default and Grantor is entitled, as Grantor's
sole and exclusive remedy, to liquidated damages in the amount of$15,000 together with any
Escrow cancellation charges. Such amount has been agreed by the parties to be reasonable
compensation and the exclusive remedy for Grantee's default, since the precise amount of such
compensation would be difficult to determine. Except as provided below, Grantor shall have no right
to any other damages, claims or actions against Grantee. By initialing this provision in the spaces
below, Grantor and Grantee each specifically affirm their respective agreement to this liquidated
damages provision as Grantor's sole and exclusive remedy for Grantee's default and failure to Close,
and agreement that the sum is a reasonable sum.
Grantee's Initials Grantor's Initials
too124834,1) 6 Agreement to convey easement
8.2. After Closing Grantor shall have the right to enforce Grantee's obligation to construct
the Driveway Expansion and the conditions of the Easement Conveyance as provided by law,
including injunctive relief and damages. This Section 8.2 shall survive Closing.
8.3 If Grantor breaches this Agreement, which breach Grantor fails to cure within thirty(30)
days after receipt of written notice thereof from Grantee, Grantor shall be in default of this
Agreement. If Escrow fails to close due to Grantor's default, Grantor shall pay all Escrow
cancellation charges. In the event of such default, Grantee shall have the right, as Grantee's sole
remedies,to either(a)terminate this Agreement or(b) seek an action for specific performance to
enforce Grantee's rights hereunder.
9. Attorney's Fees. The party prevailing in any action to enforce or defend the terms of this
Agreement shall be entitled to recover from the other party its costs, including, without limitation,
attorneys' fees and costs as fixed by the court therein, including on appeal.
10. Construction. This Agreement shall not be construed in favor of or against either party but shall
be construed as if both parties prepared this Agreement.
11. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof and all prior and contemporaneous agreements,
representations, negotiations and understandings of the parties, oral or written, are hereby
superseded and merged herein. The foregoing sentence shall in no way affect the validity of any
instruments executed by the parties in the form of the Exhibits attached to this Agreement.
12. Governing Law. This Agreement shall be governed by and construed under the laws of the
State of Oregon.
13. Modification. No modification, waiver, amendment, discharge, or change of this Agreement
shall be valid unless the same is in writing and signed by all signatories hereto.
14. Real Estate Brokerage Commission. Neither party has engaged the services of a real estate
broker and no commissions are due. It is disclosed that George Diamond,Nicholas Diamond and
Paula Diamond are licensed real estate brokers in the State of Oregon and part of the Grantor entity.
15. Notice. Any notice or document to be given pursuant to this Agreement must be delivered either
in person, deposited in the United States mail duly certified, return receipt requested with postage
prepaid; by electronic mail; or by Federal Express or other similar overnight delivery service marked
for next business day delivery.Notices shall be effective upon receipt if delivered personally or sent
by electronic mail, on the next day if sent by overnight courier, or two (2) days after deposit in the
mail if mailed. Any party listed below may designate a different address,which shall be substituted
for the one specified below, by written notice to the others.
Grantee: Sean Farrelly, Redevelopment Manager Town Center Development Agency
13125 SW Hall Blvd.
Tigard, OR 97223
Sean@tigard-or.gov
{00124834,1} 7 Agreement to convey easement
with a copy to: Shelby Rihala, City Attorney
13125 SW Hall Blvd.
Tigard, OR 97223
shelbyr@tigard-or.gov
Grantor: George N. Diamond
2839 SW Second Avenue
Portland, OR 97201
gdiamond@reig.com
with a copy to: Brad Miller
Brix Law LLP
75 SE Yamhill, Suite 202
Portland, OR 97214
bmiller@brixlaw.com
16. Remedies Cumulative. Except as specifically set forth herein, all rights and remedies in this
Agreement shall be construed and held to be cumulative.
17. Severability. If any phrase, clause, sentence, paragraph, section, article or other portion of this
Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held
by any court of competent jurisdiction to be illegal, null or void or against public policy, the
remaining portions of this Agreement shall not be affected thereby and shall remain in force and
effect to the fullest extent permissible by law.
18. Successors and Assigns. Subject to limitations expressed in this Agreement, the terms of this
Agreement shall inure to the benefit of and shall be binding upon the
successors-in-interest, assigns, and representatives of the parties hereto.
19. Time of the Essence. Time is of the essence of each and every provision of this Agreement.
20. Waiver. No waiver by Grantee or Grantor of a breach of any of the terms, covenants or
conditions of this Agreement by the other party shall be construed or held to be a waiver of any
succeeding or preceding breach of the same or any other term, covenant or condition herein
contained. No waiver of any default hereunder shall be implied from any omission by the other party
to take any action on account of such default if such default persists or is repeated, and no express
waiver shall affect a default other than as specified in such waiver. The consent or approval by
Grantee or Grantor to or of any act by the other party requiring the consent or approval of the first
party shall not be deemed to waive or render unnecessary such party's consent or approval to or of
any subsequent similar acts by the other party.
21. Negation of Agency and Partnership. Any agreement by either party to cooperate with the
other in connection with any provision of this Agreement shall not be construed as making either
party an agent or partner of the other party.
too124834;1) 8 Agreement to convey easement
22. Unavoidable Delay.Neither Party shall be considered in breach or default if the delay in
performance of an obligation is due to causes that are unforeseeable, beyond the Party's reasonable
control, and without the Party's fault or negligence. Such events include but are not limited to acts of
God such as floods, earthquakes or unusually severe and disruptive weather, acts of the public
enemy, acts of the government, acts of the other Party, quarantines, strikes and embargoes. In the
event of unavoidable delay,the time or times of performance shall be extended for the period of the
unavoidable delay,provided that the party seeking the benefit of this Section promptly shall notify
the other party of the anticipated delay.Notwithstanding any other provision of this Agreement, the
time for Parties' performance shall not be extended by one or more events of Unavoidable Delay for
a cumulative period greater than 180 days.
23. No third-party beneficiaries. There are no third-party beneficiaries to this Agreement,
provided that this shall not preclude the successors and assigns of the Parties from enforcing the
terms hereof.
23. Statutory Disclaimer. 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 PERSONTRANSFERRING 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, 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, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
24. Counterparts. This Agreement may be executed in counterparts, each of which, when taken
together, shall constitute fully executed originals.
25. Effective Date. This Agreement shall be effective on the date last executed by the parties.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date.
Grantor
{00124834;1} 9 Agreement to convey easement
12562 Main Street, LLC, an Oregon limited
liability company
By:
Title:
Grantee
Town Center Development Agency,
an ORS 457 urban renewal agency
By:
Title:
{00124834,1} 10 Agreement to convey easement
EXHIBIT'A'TO AGREEMENT TO CONVEY EASEMENT
Fanno Creek Path(2 pages)
City of Tigard Fanno Creek Overlook Project Map anct i ax Loc[No. 1S102AC-01101
July 23, 2019 Page 1 of 2
Owner: George Diamond
A TRACT 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 2012-051865, WASHINGTON COUNTY DEED
RECORDS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF
SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865; THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET AND THE POINT OF BEGINNING, SAID POINT BEING
SOUTHERLY AND 35.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;THENCE SOUTH 46°54'46" EAST 98.12
FEET ALONG THE WESTERLY LINE TRACT 1, "BURNHAM TRACTS", WASHINGTON COUNTY PLAT RECORDS, TO A
5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PELSER LS 2801"; THENCE CONTINUING ALONG SAID
WESTERLY LINE SOUTH 15°39'46" EAST 121.40 TO THE WESTERLY CORNER COMMON TO TRACT 1 AND TRACT 2
SAID "BURNHAM TRACTS;THENCE SOUTH 01*39'46" EAST 13.95 FEET ALONG THE WESTERLY LINE SAID TRACT 2;
THENCE LEAVING SAID WESTERLY LINE SOUTH 47°23'07" WEST 35.43 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2000-074126, WASHINGTON COUNTY DEED
RECORDS; THENCE NORTH 42°02'13" WEST 17.26 FEET; THENCE NORTH 03°45'13" WEST 61.25 FEET; THENCE
NORTH 42`45'25" WEST 62.71 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE BUILDING AT 12562
SW MAIN STREET, TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE MOST WESTERLY
NORTHWEST CORNER OF SAID BUILDING;THENCE NORTH 42'45'07"WEST 19.86 FEET TO THE SOUTHERLY LINE OF
S.W. MAIN STREET, SAID POINT BEING SOUTHERLY AND 40.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;
THENCE NORTH 59'33'55" EAST 50.30 FEET ALONG SAID SOUTHERLY LINE;THENCE NORTH 30'26'05" WEST 5.00
FEET;THENCE NORTH 59°33'55" EAST 20.33 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
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 2012-051865.
CONTAINING 11,928 SQUARE FEET, MORE OR LESS.
PREPARED BY CESNW, INC.
REGISTERED
PROFESSIONAL
�-- ND SURVEYOR
OREGON
MAY 21,2013
PAUL ALLEN KOHN
589WLS
SITUATED IN THE NORTHEAST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON
4W � TRACT 1
DOCUMENT NUMBER
5.21' 98-013264
P.O.C.
546054'46"E 98.12'
P.O.B. SISo
N59033'55"E DOCUMENT
NUMBER Id7
20.33 2012-051B65
N30026'05"W 4p S01039'46"E 13.95'
c 5.00'
W n is S4oltp8„W g0.77' �a TRACT 2
W co
�
I V” rry DOCUMENT
42°45'25"W ui v;
2 NUMBER
-., rti 62.71' sl m 3
N42045'07"W 19.86' 12562 �s, c 2015-030709
Z a SW MAIN STREET N DOCUMENT
TIGARD, OR ° NUMBER
P 97223 N42°02'13"W 17.26' 2000-074126I milli Ln
_
r N42003'53"W 236.75'
R:SURVEYOR
ERED
PRIONAL
N
r V
OREGON
MAY 21, 2013 LEGEND
PAUL ALLEN KOHN
58964PLS • = FOUND MONUMENT AS NOTED
RENEWS: 6/30/21
50 25 0 50
DATE
13190 SW 68th Parkway,suite 150 MAX'S FANNO CREEK
7/23/19
CESNW Tigard, Oregon 97223
503.968.6655 www.cesnw.com BREW PUB PAGE
2OF2
Exhibit `B' to Easement Conveyance Agreement
AFTER RECORDING RETURN TO:
Sean Farrelly, Redevelopment Manager
Town Center Development Agency
13125 SW Hall Blvd.
Tigard, OR 97223
This space is reserved for recorder's use.
EASEMENT CONVEYANCE
THIS EASEMENT CONVEYANCE ("Conveyance") is made and entered into by and between
12562 Main Street LLC, an Oregon limited liability company ("Grantor"), and the Town Center
Development Agency, an ORS 457 urban renewal agency of the City of Tigard("Grantee").
Grantor and Grantee are collectively referred to herein as the "Parties."
RECITALS
A. Grantor is the owner of real property located at 12562 Main Street, Tigard,
Oregon("Grantor's Property").
B. The parties executed an Agreement to Convey Easement dated
setting forth the terms and conditions for the grant of easements over a portion of Grantor's
Property from Grantor to Grantee.
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged,the Parties agree as follows:
1. Grant of Easements.
A. Grantor hereby grants to Grantee, its successors, heirs and assigns, a perpetual,
exclusive easement(except as provided herein) on, over and across that portion of
Grantor's Property described on the attached and incorporated"Exhibit A" (the
"Basement Area") for pedestrian and bicycle access, Fanno Creek access and placement
of utilities, including but not limited to the right to improve, repair, maintain and regulate
the Easement Area. Grantee shall, at its sole cost and expense, maintain the Easement
Area in a reasonably clean and safe condition consistent with its maintenance of the
Fanno Creek Trail in downtown Tigard.
B. Grantor hereby grants to Grantee, its successors,heirs and assigns, a perpetual, non-
exclusive easement on, over and across that portion of Grantor's Property described on
the attached and incorporated"Exhibit B" (the"Maintenance Easement Area") to
facilitate reasonable, necessary and customary construction,maintenance or repair by
00117950;1 Easement 8/12 version
Grantee of the Easement Area. Grantee shall comply with the same terms and conditions
imposed on Grantor as set forth in Section 2.1-2.4.
C. The easements granted herein are subject to the terms and conditions set forth herein.
If Grantee fails to maintain, repair, or replace improvements installed by or for Grantee in
the Easement Area as required by this Agreement, or has failed to restore the
Maintenance Easement Area to its prior condition, Grantor may provide notice thereof to
Grantee, specifying the nature of the required work. Within sixty(60) days of the date
Grantee receives such notice, Grantee shall either commence performance of such work
or provide notice to Grantor disputing the need for such work. If Grantee fails to timely
commence performance of such work or fails to timely respond as to why such work is
not necessary, within thirty (30) days after Grantee's failure to commence performance or
failure to respond, Grantor may perform the work and charge Grantee for the cost thereof.
If Grantor reasonably believes that Grantee's failure to maintain, repair, or replace the
improvements installed by or for Grantee in the Easement Area creates an emergency,
Grantor may provide written notice thereof to Grantee, specifying the nature of the
required work. Thereafter, if Grantee fails to commence the work necessary to address
the emergency promptly upon being given written notice which is reasonable under the
circumstances, Grantor shall have the right to remedy such emergency and charge
Grantee for the cost thereof. Grantor may bring an action to enforce the terms of this
Section 1, including specific performance or damages if Grantee fails to reimburse
Grantor for the reasonable cost of such work within thirty (30) days of Grantor's demand
thereof and submission to Grantee of reasonable evidence of the cost of such work.
Nothing in this section limits Grantee's right to contest the necessity, scope or cost of
such work.
D. To the extent permitted by and subject to the limitations of the Oregon Constitution
and the Oregon Tort Claims Act, ORS 30.260 to 30.300, and except to the extent of the
negligence or willful misconduct of Grantor, its officers, employees, or agents, Grantee
shall indemnify, defend, and hold harmless Grantor and its managing agents and
employees from any claim, liability, damage, or loss occurring in, on, or arising from the
Easement Area, any cost or expense in connection therewith (including attorney fees),
arising out of use by Grantee or its agents, invitees or contractors of the Easement Area,
or(c) Grantee's breach or violation of any term of this Conveyance. This indemnity
obligation shall survive the expiration or sooner termination of this Easement for any
claims arising prior to such expiration or termination.
2. Grantor's Reservation. Grantor reserves the right to temporarily access the
Easement Area, including necessary vehicular access, from time to time to facilitate reasonable,
necessary and customary construction, re-construction, maintenance or repair of that portion of
Grantor's property outside of the Easement Area(the "Work"). This reservation in Grantor is
subject to the following terms and conditions:
2.1 Grantor shall provide Grantee with no less than 60 days written notice of the
need to exercise its reserved rights except in exigent circumstances in which case notice shall be
provided as soon as reasonably practicable;
{00117950;1} Easement 8/12 version
2.2 In consultation with Grantee, Grantor shall provide reasonable public notice,
temporary barriers, temporary lighting and similar measures to protect Grantee and the public.
The parties acknowledge that Grantor may need to temporarily close all or some access to the
Easement Area during the Work.
2.3 Grantor shall restore the Easement Area to its condition existing prior to
commencement of the Work.
2.4 Grantor shall hold harmless, indemnify and defend Grantee, its officers,
employees and agents for any and all claims and damages arising from Grantor's work in the
Easement Area except to the extent of the negligence or willful misconduct of Grantee. Grantor
shall include this obligation in any contracts for the Work. This indemnity obligation shall
survive the expiration or sooner termination of this Easement for any claims arising prior to such
expiration or termination.
In addition to the foregoing reservation, Grantor reserves the perpetual right of non-vehicular
access over and across the Easement Area for purposes of pedestrian or bicycle ingress and
egress by Grantor and Grantor's principals, employees, agents, contractors, and employees to
improvements located on, or to be constructed on, Grantor's Property. This reservation shall be
subject to Section 2.4 above.
3. Precondition to Grantee's Use. Notwithstanding recording of this Conveyance,
Grantor shall have the continued right to use the Easement Area for vehicular access and Grantee
shall not have the right to improve the Easement Area or permit public access to the Easement
Area until Grantee has completed the expansion of the drive aisle located on the southwest
boundary of the property commonly known as 12564 SW Main Street, Tigard, Oregon as
provided for in Section 2.2 of the Agreement to Convey Easement pursuant to plans and
specifications that are approved by Grantor, which approval shall not unreasonably be withheld.
(the"Driveway Expansion"). Completion of the Driveway Expansion means all work required
for the use of the drive aisle to be located on the Driveway Expansion is completed but for minor
punchlist items to allow use of the Driveway Expansion. Upon completion of the Driveway
Expansion this paragraph 3 shall no longer govern and Grantor's right to continued access to the
Easement Area under this Paragraph 3 shall terminate. Grantor will execute an acknowledgement
of such completion which Grantee may record in the real property records of Washington
County, Oregon.
4. Grantor's Right to Convey and Exceptions. Grantor represents and warrants
that it has the right to grant this Conveyance subject to all prior easements and encumbrances of
record as of the Effective Date.
5. Time. Time is of the Essence with respect to each provision of this Conveyance.
6. Notice. All notices to be given under this Conveyance shall be in writing and
shall be effective when delivered. If mailed, notice shall be deemed effective 48 hours after
mailing as registered or certified mail, postage prepaid, directed to the other party at the address
set forth below or such other address as the party may indicate by prior written notice to the
other:
(00117950;1) Easement 8/12 version
GRANTOR: 12562 Main St., LLC
George N. Diamond
2839 SW Second Ave.
Portland, OR 97223
with a copy to: Brad Miller
Brix Law LLP
75 SE Yamhill St., Suite 202
Portland, OR 97214
bmiller(abrixlaw.com
GRANTEE: Town Center Development Agency
Sean Farrelly, Redevelopment Manager
13125 SW Hall Blvd.
Tigard, OR 97223
Sean@tigard-or.gov
with a copy to: Shelby Rihala, City Attorney
13125 SW Hall Blvd
Tigard, OR 97223
shelbyr@tigard-or.gov
7. Equitable Relief. The Parties acknowledge that the uses provided by this
Conveyance are unique in that money damages alone for breach of this Conveyance are
inadequate. Any party aggrieved by a breach of the provisions of this Conveyance may bring an
action at law or a suit in equity to obtain relief, including specific performance, injunctive relief
and any other available equitable remedy.
8. Run with the Land. The term and conditions of this Conveyance shall run with
the land and are binding upon and inure to the benefit of the Parties and their respective invitees,
agents, employees, heirs, successors, and assigns.
9. Modification or Amendments. No amendment change or modification of this
Easement shall be valid, unless in writing and signed by the Parties.
10. Waiver. Failure of either of the Parties at any time to require performance of any
provision of this Conveyance shall not limit either or both Parties' right to enforce the provision,
nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the
provision or a waiver of the provision itself or any other provision.
11. Construction of Agreement. The agreements contained herein shall not be
construed in favor of or against either party but shall be construed as if both parties prepared this
Conveyance.
12. Recording. This Conveyance is effective on recording of a fully executed
original of this Conveyance and all exhibits attached hereto in the Real Property Records of
Washington County, Oregon, at Grantee's expense.
{00117950;1} Easement 8/12 version
13. Counterparts. This Conveyance may be executed in counterparts, each of
which, when taken together, shall constitute fully executed originals.
14. Applicable Law. This Conveyance shall be governed by and construed in
accordance with the laws of the State of Oregon.
15. Joint and Several. If any Party consists of more than one person or entity, the
liability of each such person or entity signing this Conveyance shall be joint and several.
GRANTOR:
12562 Main Street LLC, an Oregon limited
liability company
By:
Name:
Its:
Date:
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on , 2019, by
as 12562 Main Street LLC.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
ACCEPTANCE OF GRANTEE:
By:
Name:
Its:
Date:
{00117950;1} Easement 8/12 version
Exhibit A to Easement Conveyance
EXHIBIT'A'TO AGREEMENT TO CONVEY EASEMENT
Fanno Creek Path(2 pages)
City of Tigard Fanno Creek Overlook Project Map ana 1 ax Lot 1140. 1S102AC-01101
July 23, 2019 Page 1 of 2
Owner: George Diamond
A TRACT 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 2012-051865, WASHINGTON COUNTY DEED
RECORDS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF
SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865; THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET AND THE POINT OF BEGINNING, SAID POINT BEING
SOUTHERLY AND 35.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;THENCE SOUTH 46°54'46" EAST 98.12
FEET ALONG THE WESTERLY LINE TRACT 1, "BURNHAM TRACTS", WASHINGTON COUNTY PLAT RECORDS, TO A
5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "PELSER LS 2801"; THENCE CONTINUING ALONG SAID
WESTERLY LINE SOUTH 1S'39'46" EAST 121.40 TO THE WESTERLY CORNER COMMON TO TRACT 1 AND TRACT 2
SAID "BURNHAM TRACTS;THENCE SOUTH 01'39'46" EAST 13.95 FEET ALONG THE WESTERLY UNE SAID TRACT 2;
THENCE LEAVING SAID WESTERLY LINE SOUTH 47°23'07"WEST 35.43 FEET ALONG THE NORTHERLY LINE OF THAT
TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2000-074126, WASHINGTON COUNTY DEED
RECORDS; THENCE NORTH 42°02'13" WEST 17.26 FEET; THENCE NORTH 03°45'13" WEST 61.25 FEET; THENCE
NORTH 42'45'25" WEST 62.71 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE BUILDING AT 12562
SW MAIN STREET, TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE MOST WESTERLY
NORTHWEST CORNER OF SAID BUILDING;THENCE NORTH 42`45'07"WEST 19.86 FEET TO THE SOUTHERLY LINE OF
S.W. MAIN STREET, SAID POINT BEING SOUTHERLY AND 40.00 FEET FROM THE CENTERLINE OF S.W. MAIN STREET;
THENCE NORTH 59'33'55" EAST 50.30 FEET ALONG SAID SOUTHERLY LINE;THENCE NORTH 30°26'05" WEST 5.00
FEET;THENCE NORTH 59°33'55" EAST 20.33 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
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 2012-051865.
CONTAINING 11,928 SQUARE FEET, MORE OR LESS.
PREPARED BY CESNW, INC.
REGISTERED
PROFESSIONAL
,�--- ND SURVEYOR
t
tREGON
Y 21,2013
LLEN KOHN
9WLS
SITUATED IN THE NORTHEAST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON
TRACT 1
DOCUMENT NUMBER
' 5.21' 98-013264(
P.O.C. S46°54'46"E 98.12' NNpM
P.O.B. s
ISO�'9
N59033'55"E DOCUMENT 46"F
20.33' NUMBER
2012-051865 40
N30026'05"W S01039'46"E 13.95'
c 5.00'
t7 m
L
N54o12'08"W g0 77
W TRACT 2
Z 42°45'25"W l�N DOCUMENT
62.71' �6 M 3 NUMBER
0 N42045'07"W 19.86' ISS c 2015-030709
o, 12562
2 `t SW MAIN STREET DOCUMENT
N
972D30R N42002'13"W 17.26' NUMBER
N 2000-074126
r sa N42003'53"W 236.75'
r
REGISTERED
PROFESSIONAL
ND SURVEYOR
OREGON
MAY 21, 2013 LEGEND
PAUL ALLEN KOHN
58964PLS • = FOUND MONUMENT AS NOTED
RENEWS: 6/30/21
50 25 0 50
CES � NW °A�
13190 SW 68th Parkway,Suite 150 MAX'S FANNO CREEK DATE 4
Tigard, Oregon 97223 BREW PUB
503.968.6655 www.cesnw.com PAGE
2OF2
EXHIBIT 'B' TO EASEMENT CONVEYANCE
Maintenance Easement
City of Tigard Fanno Creek Overlook Project Map and Tax Lot No. 1S102AC-01101
July 23, 2019 Page 1 of 2
Owner:George Diamond
A TRACT 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 2012-051865, WASHINGTON COUNTY DEED
RECORDS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS NAIL WITH A 3/4" WASHER STAMPED "PELSER LS 2801" ON THE NORTHERLY LINE OF
SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2012-051865;THENCE SOUTH 46'54'46" EAST 5.21 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET; THENCE SOUTH 59`33'55" WEST 20.33 FEET ALONG SAID
SOUTHERLY LINE;THENCE SOUTH 30°26'05" EAST 5.00 FEET;THENCE SOUTH 59°33'55" WEST 45.19 CONTINUING
ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING;THENCE SOUTH 42'45'07" EAST 18.27 FEET;THENCE
SOUTH 54°12'08" EAST 80.77 FEET; THENCE SOUTH 42'45'25" EAST 36.38 FEET; THENCE SOUTH 47°14'35" WEST
5.00 FEET; THENCE NORTH 42°45'25" WEST 35.88 FEET TO THE MOST NORTHERLY NORTHWEST CORNER OF THE
BUILDING AT 12562 SW MAIN STREET TIGARD, OR 97223; THENCE NORTH 54'12'08" WEST 80.77 FEET TO THE
MOST WESTERLY NORTHWEST CORNER OF SAID BUILDING; THENCE NORTH 42°45'07" WEST 19.86 FEET TO THE
SAID SOUTHERLY LINE OF SW MAIN STREET;THENCE NORTH 59"33'55" 5.12 FEET ALONG SAID SOUTHERLY LINE TO
THE POINT OF BEGINNING.
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 2012-051865.
CONTAINING 680 SQUARE FEET, MORE OR LESS.
PREPARED BY CESNW, INC.
REGISTERED
PROFESSIONAL
ND SURVEYOR
OREGON
MAY 21,2013
PAUL ALLEN KOHN
58964PLS
EXHIBIT 'B'
SITUATED IN THE NORTHEAST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON
I
*o•
ja• r TRACT 1 DOCUMENT
I NUMBER
S46054'46"E 5.21' 98-013264
P.O.C.
S59033'55"W 20.33'
530026'05"E 5.00' TRACT 2
r DOCUMENT NUMBER
Ln S59033'55"W 45.19' 2012-051865
.Ln
�
5.12' S42°45'07"E 'Gg"E 542°45'25"E 547°14'35"W
z 18.27' 5548 36_38_ 5.00 DOCUMENT
�- NUMBER
� 2015-030709
P.O.B —
' 2 N42045'25" f
Q N54012'08"W 35.88'
80.77'
N42045'07"W 12562 DOCUMENT NUMBER
3 19.86' SW MAIN STREET 2012-051865 DOCUMENT NUMBER
uj TIGARD, OR
2000-074126
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
MAY 21, 2013
PAUL ALLEN KOHN LEGEND
58964PLS
= FOUND MONUMENT AS NOTED
RENEWS: 6/30/21
50 25 0 50
CES NW 13190 SW 68th Parkway,sulfa 150 MAX'S FANNO CREEK DATE
7/23/19
Tigard, Oregon 97223 BREW PUB
503.968.6655 www.cesnw.com PAGE
2OF2
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
File No.
EXHIBIT 'C' TO AGREEMENT TO CONVEY EASEMENT
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 863,311.64. 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 follow]
1
4848-5175-7690.3
EXHIBIT `A'
Public Dedication Strip Legai vescription
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 N DOCUMENT NUMBER 96077957; THENCE NORTH 42057'48" WEST
191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING;THENCE
LEAVING SAID NORTHERLY LINE SOUTH 47°03'36" 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. 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.
B-1
4835-7707-3265.3
Public Dedication Strip and Construction Easement Area Drawing
LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 1 WEST,W.M.,
CITY OF TIGARD, WASHINGTON COUNTY,OREGON
WIDTH VARIES S.W. MAIN STREET
L7
DOCUMENT NUMBER
1 2002-113691
2S102AC/01100
DOCUMENT NUMBER J, LINE TABLE
96077457 ` LINE LENGTH DIRECTION
1
LI 3.91' S47.03'36W
2S702AC/00201 ' u+ L2 44.45' N42.56'24'W
b
h L3 $.11' S47602'12'W
N
L4 7.57' N42.57'48'W
N LS 6.00' 547002'12-W
1 L6 142.25' N42.57'48'W
L7 15.02' NSO°14'01'E
L5
j
POINT OF
BEGINNING
REGISTERED
PROFESSIONAL
L LAND SURVEYOR
11
O
T
3
OREGON
rn MAY 21,2013
°p PAUL ALLEN KOHN
S8964PLS
40 20 0 40 RENEWS:6130/19
A-2
4817-9319-2570.3