Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
MIS1998-00019
'URBAN SERVICE AREA" -NOTICE OF DECISION ►� LOT LINE ADJUSTMENT[MIS)98-0019 . ,.iii CITY OF TIGARD USA/COOK PARK LOT LINE ADJUSTMENT community(Development Shaping Better Community 120 DAYS = 1/21/99 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: USA/COOK PARK LOT LINE ADJUSTMENT Lot Line Adjustment MIS 98-0019 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between a 45 acre parcel owned by the Unified Sewerage Agency (USA) and a 35 acre parcel owned by the City of Tigard. The proposed Lot Line Adjustment would transfer 6.86 acres to the City of Tigard Cook Park property. APPLICANT/OWNER PARCEL 1: Unified Sewerage Agency Public Service Building, Room 270, MS 10 155 N First Avenue Hillsboro, OR 97124-3072 OWNER PARCEL 2: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: The parcels are located north of and abutting the Tualatin River, between SW 92nd Avenue and SW 95th Avenue. USA Parcel (Parcel 1) is the old Thomas Dairy Farm. WCTM 2S114AD, Tax Lots 0 100 and 00300; WCTM 2S114D0, Tax Lot 00100. City of Tigard Parcel (Parcel 2) is Cook Park. WCTM 2S114D0, Tax Lot 00101. COMPREHENSIVE PLAN DESIGNATION: Open Space and Low Density Residential. ZONING DESIGNATION: R-4.5; 7,500 square foot minimum lot size (4.5 units per acre). The purpose of the R-4.5 zoning district is to establish sites for single-family detached residential units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.52 and 18.162. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 1 OF 5 • • CONDITION OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE ENGINEERING DEPARTMENT(503)639-4171. 1. A Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The USA property is unincorporated but falls within the City of Tigard's urban service area jurisdiction for land use planning. The city-owned Cook Park property is located within the Tigard city limits. Proposal Description: The applicant proposes to adjust the common property line between the subject parcels. The purpose of the lot line adjustment is to transfer additional park property the City has purchased from USA as part of the Cook Park Master Plan. The existing_Cook Park parcel contains approximately 35.81 acres and the USA parcel is approximately 45.63 acres in size. The adjustment would move the east lot line of the Cook Park parcel approximately 515 feet further to the east as shown on the attached Property Line Adjustment Survey. The adjustment would transfer approximately 6.86 acres from the USA parcel to the Cook Park parcel. Final parcel sizes after the proposed adjustment would be approximately 42.49 acres (Cook Park) and approximately 38.77 acres (USA). SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.162.060 contains the following standards for approval of a Lot Line Adjustment request: An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; The applicant's plan shows that the proposed lot line adjustment will not create an additional parcel. The subject properties are located in the R-4.5 zoning district which has a minimum lot size requirement of 7,500 square feet (18.50.050). The USA parcel will be smaller after the adjustment but still over 38 acres in size, significantly larger than the minimum lot size in the underlying zone. Therefore, this criterion is satisfied. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 2 OF 5 • By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; This criterion applies to the USA parcel since it would be reduced in size under this proposal. The USA parcel was until recently used for dairy farming and the portion of the parcel to be affected by the lot line adjustment is undeveloped pasture land. Staff finds that the affected area of the USA parcel is undeveloped and that the parcel exceeds the minimum lot size of the underlying zoning district. Therefore, the proposed reduction in the size of the parcel will not create a violation of the site development or zoning district regulations and this criterion is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district. Both parcels would exceed the 7,500 square foot minimum lot size of the R-4.5 zone after the proposed adjustment. Due to the large size of the parcels and the location of the structures on them, both parcels exceed the 50-foot average minimum lot width and all applicable setback requirements of the R-4.5 zone. Therefore, this criterion is satisfied. SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. No development is proposed on either parcel at this time, therefore this criterion does not apply. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. As noted above, both reconfigured parcels will exceed the minimum lot area requirement of the underlying R-4.5 zone. Neither parcel is a flag lot. Therefore, this criterion has been met. Lot Frontage: Each lot created through the partition process shall front a public right- of-way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. This lot line adjustment will not create a new lot and therefore, this criterion does not apply. However, if this criterion should be found to apply, staff finds that both lots do have at least 15 feet of frontage on a public right-of-way. As shown on the partition survey, the Cook Park parcel abuts SW 92nd Avenue and the USA parcel abuts SW 95th Avenue. Therefore, this criterion has been met. Setbacks: Setbacks shall be as required by the applicable zoning district. As noted above, the required yards around the existing structures on both parcels are unaffected by the proposed lot line adjustment. The applicable setbacks will continue to be met after approval of the proposed lot line adjustment, therefore this criterion has been met. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. As noted above, the applicant has not proposed a partition and neither parcel is or will become a flag lot as a result of the proposal. Therefore, this criterion does not apply. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 3 OF 5 • • Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in .accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. As noted above, neither parcel is a flag lots and therefore, this criterion does not apply. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. The proposed lot line adjustment will not change the length of either accessway. Furthermore, no development is proposed as part of this application. Therefore, this criterion does not apply. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Both parcels have direct, private access to public streets and no common driveway access is proposed. Therefore, this criterion does not apply. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. As noted above, this proposal will not alter the accessways to the subject parcels. Therefore, this criterion does not apply. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Both parcels are adjacent to the Tualatin river and are therefore, impacted by the 100-year floodplain. However, no landfill and/or development is proposed as part of this lot line adjustment application and therefore, this criterion does not apply. SECTION V. OTHER S TAF F COMMENTS The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line Adjustment. SECTION VI. AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the ten (10) day appeal period and may request reconsideration of the decision if it may adversely affect the utilities or fire district's abilities to provide service to the subject properties or the neighboring properties. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 4 OF 5 • • SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: DATE OF FILING: OCTOBER 8, 1998 THE DECISION SHALL BE FINAL ON MONDAY OCTOBER 19, 1998 UNLESS AN APPEAL IS FILED. • Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The. appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. . _[x;-•.-.J �t r_-,_. " :.;.__--_'.; .a-. ._'..',.'. -�1 t" -, j4•..5_:.-:._ _ N ..i� ` -:;gmE DEADLINEFOR FILING OF AN APPEAL IS 3:30 PM:_ON OCTOBER:19,r1998 'y--: Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. l I October 8, 1998 PREPARED BY: M. J. Roberts DATE Associate Planner / I �" �� October 8, 1998 APPROVED BY: Richard Bewer,.Irff DATE Planning Manag-r • i:\curpin\mjr\mis98-19.11a NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 5 OF 5 • - E:S.W. DURHAOAD-> o z Art N Of N II I El . 44 • ___ z 0 ...... co - 5: t...) Z E •.86 CRE • z COOK PARK - PROPERTY BEING PURCHA 0 ...1 1‘ a. PARCEL 2 PARCEL 1 Q vER 30' WOE EASEMENT ,• O rs ntT ma,ma, or , •• .sJP la 114111111V NOW Y.") CASE NO[S]&CASE KAMEMSI: USA/COOK PARK LOT LINE ADJUSTMENT SITE PLAN MIS 98-0019 EXHIBIT MAP N Ala• .ire .•,. I 0 CITY of TIGARD ';� �, .,, '', GEOGRAPHIC INFORMATION SYSTEM ♦o� r t*i � .� � ` VICINITY MAP I mill 1. Amami= A 1,1111 IV •' /4/110-11 / ������Na MIS 98-0019 •41161011N` USA/COOK PA • RK LOT LINE is _PARCEL 2 \\\ ADJUSTMENT PARCEL 1 N N NN COOK PARK 4 i ,s4 ►ii O.. 0 400 800 Feet illhAyii �/i�� 1'=503 feet , 1 1 AI City of Tigard = should be verified wlth the Development Services Division. 13125 SW Hall Blvd = T(ard,63 97223 • ■- � M' hltp:tvww.cl.gard.or.us Community Development Plot date:Oct 7, 1998;c:\magic\magic01.apr . • • A• AFFIDAVIT OF MAILING ,�� CITY OF TIOARD Community Development • Shaping Better Community STATE OF O2agOTT ) County of Wasfiington )ss. City of Tigard. ) I, dpatricia L. Lunsfordd being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Wasfiington County, Oregon and that I served the following: (Check Appropriate Box(s)Belau) © NOTICE OF DECISION FOR:l'i7 MIS 98-0019/USA-COOK PARK LOT LINE ADJUSTMENT AMENDED NOTICE (File No./Name Reference) IZI City of Tigard Planning Director . NOTICE OF PUBLIC HEARING FOR: Et7 I AMENDED NOTICE (File NoJName Reference) (Date of Public Hearing) • City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council . NOTICE OF FINAL ORDER FOR: I AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: • (Type/Kind of Notice) FOR: i • . I (File NoJName Reference) (Date of Public Hearing.if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, ma d Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit" ",on the 8-day of OCtOber�998, a • deposited in the United States Mail on the 8 day of October,1998, postage (Prep AL/ Ciii,, ,Z:2)( h- ' -pare', A Ice) Subscribed and sworn/affirmed - ore me on the day of „: /d/t4. , 1997. 7 • • fig., /1 ZiAL.Y�-•:., OFFICIAL SEAL j = ' NOTARY PUBLIC OFi l ' CON :.-:�.-f.; DIANE M JELDERKS • ® , NOTARY PUBLIC-OREGON //7j�4 COMMISSION NO.046ta2 S My Commission Expires: MY COMMISSION EXPIRES SEPTEMBER 07,1999 • • EXHIBIT J "URBAN SERVICE AREA" NOTICE OF DECISION �!!� LOT LINE ADJUSTMENT[NISI 98-0019 CITY OF TIGARD USA/COOK PARK LOT LINE ADJUSTMENT Community'Development Shaping A Better Community 120 DAYS = 1/21/99 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: USA/COOK PARK LOT LINE ADJUSTMENT Lot Line Adjustment MIS 98-0019 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between a 45 acre parcel owned by the Unified • Sewerage Agency (USA) and a 35 acre parcel owned by the City of Tigard. The proposed Lot Line Adjustment would transfer 6.86 acres to the City of Tigard Cook Park property. APPLICANT/OWNER PARCEL 1: Unified Sewerage Agency Public Service Building, Room 270, MS 10 155 N First Avenue Hillsboro, OR 97124-3072 OWNER PARCEL 2: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: The parcels are located north of and abutting the Tualatin River, between SW 92nd Avenue and SW 95th Avenue. USA Parcel (Parcel 1) is the old Thomas Dairy Farm. WCTM 2S114AD, Tax Lots 00100 and 00300; WCTM 2S114D0, Tax Lot 00100. City of Tigard Parcel (Parcel 2) is Cook Park. WCTM 2S114D0, Tax Lot 00101. COMPREHENSIVE PLAN DESIGNATION: Open Space and Low Density Residential. ZONING DESIGNATION: R-4.5; 7,500 square foot minimum lot size (4.5 units per acre). The purpose of the R-4.5 zoning district is to establish sites for single-family detached residential units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.52 and 18.162. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 1 OF 5 • • CONDITION OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE ENGINEERING DEPARTMENT(503) 639-4171. 1. A Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS • FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The USA property is unincorporated but falls within the City of Tigard's urban service area jurisdiction for land use planning. The city-owned Cook Park property is located within the Tigard city limits. Proposal Description: The applicant proposes to adjust the common property line between the subject parcels. The purpose of the lot line adjustment is to transfer additional park property the City has purchased from USA as part of the Cook Park Master Plan. The existing.Cook Park parcel contains approximately 35.81 acres and the USA parcel is approximately 45.63 acres in size. The adjustment would move the east lot line of the Cook Park parcel approximately 515 feet further to the east as shown on the attached Property Line Adjustment Survey. The adjustment would transfer approximately 6.86 acres from the USA parcel to the Cook Park parcel. Final parcel sizes after the proposed adjustment would be approximately 42.49 acres (Cook Park) and approximately 38.77 acres (USA). SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT- APPROVAL STANDARDS: Section 18.162.060 contains the following standards for approval of a Lot Line Adjustment request: An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; The applicant's plan shows that the proposed lot line adjustment will not create an additional parcel. The subject properties are located in the R-4.5 zoning district which has a minimum lot size requirement of 7,500 square feet (18.50.050). The USA parcel will be smaller after the adjustment but still over 38 acres in size, significantly larger than the minimum lot size in the underlying zone. Therefore, this criterion is satisfied. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 2 OF 5 • • By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the . site development or zoning district regulations for that district; This criterion applies to the USA parcel since it would be reduced in size under this proposal. The USA parcel was until recently used for dairy farming and the portion of the parcel to be affected by the lot line adjustment is undeveloped pasture land. Staff finds that the affected area of the USA parcel is undeveloped and that the parcel exceeds the minimum lot size of the underlying zoning district. Therefore, the proposed reduction in the size of the parcel will not create a violation of the site development or zoning district regulations and this criterion is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district. Both parcels would exceed the 7,500 square foot minimum lot size of the R-4.5 zone after the proposed adjustment. Due to the large size of the parcels and the location of the structures on them, both parcels exceed the 50-foot average minimum lot width and all applicable setback requirements of the R-4.5 zone. Therefore, this criterion is satisfied. SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. No development is proposed on either parcel at this time, therefore this criterion does not apply. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. As noted above, both reconfigured parcels will exceed the minimum lot area requirement of • the underlying R-4.5 zone. Neither parcel is a flag lot. Therefore, this criterion has been met. Lot Frontage: Each lot created through the partition process shall front a public right- of-way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. This lot line adjustment will not create a new lot and therefore, this criterion does not apply. However, if this criterion should be found to apply, staff finds that both lots do have at least 15 feet of frontage on a public right-of-way. As shown on the partition survey, the Cook Park parcel abuts SW 92nd Avenue and the USA parcel abuts SW 95th Avenue. Therefore, this criterion has been met. Setbacks: Setbacks shall be as required by the applicable zoning district. As noted above, the required yards around the existing structures on both parcels are unaffected by the proposed lot line adjustment. The applicable setbacks will continue to be met after approval of the proposed lot line adjustment, therefore this criterion has been met. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. As noted above, the applicant has not proposed a partition and neither parcel is or will become a flag lot as a result of the proposal. Therefore, this criterion does not apply. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 3 OF 5 • • Screening on Flag Lots: A screen shall be provided along the property line of a lot of . record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. As noted above, neither parcel is a flag lots and therefore, this criterion does not apply. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. The proposed lot line adjustment will not change the length of either accessway. Furthermore, no development is proposed as part of this application. Therefore, this criterion does not apply. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Both parcels have direct, private access to public streets and no common driveway access is proposed. Therefore, this criterion does not apply. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. As noted above, this proposal will not alter the accessways to the subject parcels. Therefore, this criterion does not apply. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the.floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Both parcels are adjacent to the Tualatin river and are therefore, impacted by the 100-year floodplain. However, no landfill and/or development is proposed as part of this lot line adjustment application and therefore, this criterion does not apply. SECTION V. OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line Adjustment. SECTION VI. AGENCY COMMENTS . Service providing utilities will have the opportunity to review the proposal and decision within the ten (10) day appeal period and may request reconsideration of the decision if it may adversely affect the utilities or fire district's abilities to provide service to the subject properties or the neighboring properties. NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 4 OF 5 • S SECTION VII. PROCEDURE AND APPEAL INFORMATION - Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: DATE OF FILING: OCTOBER 8, 1998 THE DECISION SHALL BE FINAL ON MONDAY - OCTOBER 19, 1998 UNLESS AN APPEAL IS FILED. • Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The, appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 PM ON OCTOBER 19; 1998. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. October 8. 1998 PREPARED BY: M. J. Roberts DATE Associate Planner 41111r fAA October 8. 1998 APPROVED BY: Richard Bewer,.sirff DATE Planning Manag-r i:\curpin\mjr\mis98-19.11a NOTICE OF DECISION "URBAN SERVICE AREA"-MIS 98-0019-USA/COOK PARK LOT LINE ADJUSTMENT PAGE 5 OF 5 *FS_W_DURHASOAD-; t4 0 Z Aci, N O1 iik re `" • / ,, .4 Z 0 CO • 0 1( Z Z /86cRE Z COOK PARK - PROPERTY BEING PURCHA D CL i \I" CI PARCEL 2 PARCEL 1 Ce L R\vER (.9 ii- 30' MADE EASEMENT ;A is FEET mow • or 0 ` V M' K . ■—' CASE NO[S)&CASE NAME[S): _1 USA/COOK PARK LOT LINE ADJUSTMENT SITE PLAN MIS 98-0019 EXHIBIT MAP N S.W. DURHAM ROAD- Ill ..-el . : CITY of TIGARD Q ., GEOGRAPHIC INFORMATION SYSTEM Ii o� liii ,1 VICINITY MAP II ft._ �► •• i i ILI 1� . � S o �� _- d R" MIS •i��lti, i ` USA/COOK PARK ■ N. LOT LINE \ ADJUSTMENT ihhhi PARCEL 2 . _PARCEL 1 v \ \N COOK PARK 1 AI bil will `- • P s 0 400 800 Feet ' �� mu i 4)i 1"=503 feet 1111111111 . • A 1 Ok r� . TM - City of Tigard NW -' should be verified w13125 SW Hall Blvd �:, . Tigard,63 97223 (503)639.4171 171 http://www.ci.tigard.or.us Community Development Plot date:Oct 7, 1998;c:\magic\magic0l.apr m 1.3 9f-00i 9 a.5Alkook. A%' 4c37 41/44/E 7/417.4.6.1/7— ,4 ion / EXRJ A,l B 2S1,13B0-00600 2 • •0-01500 BURLINGTON NORTHERN INC TIGARD . I • OF 1700 EAST GOLF RD 13125 : •LL SCHAUMBURG,IL 60173 T L•RD,OR •• 23 4AC-007 e I 2S114AD-00100 TIGARD - OF UNIFIED SEWERAGE AGENCY 13125 HA 155 N FIRST AVE STE 270 TIG• -D,OR 97223 HILLSBORO,OR 97124 2 • •D-00200 2 114AD-0030: UNIFIED - "•GE AGENCY UNI -P • ERAGE AGENCY 155NFI't AV ' 270 150N • HILL :ORO,OR 97124 HI BORO,OR • 123 2S114AD-01800 2S114AD-01900 EPP KEVIN PETER& INMAN DAVID S&CHERYL F 16600 SW 88TH PL 16622 SW 88TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S114AD-02000 25114AD-02100 MAXWELL CARL F&G MAGDALENA ZOUCHA MICHAEL S 16648 SW 88TH Pl. 12540 SW 68TH PKWY STE B TIGARD,OR 97224 TIGARD,OR 97223 • 2S114AD-04700 2S 4D0-00100 WAVERLY CONSTRUCTION UNIFI ► ERAGE AGENCY 31835 SW COUNTRY VIEW LN 155 N F -S 'VE STE 270 WILSONVILLE,OR 97070 HIL BORO,OR A 114D0-0s 01 2 •14D0-00 s" TIGA•' • TY OF TIGA'• OF 1312 •LL 13125 : H• T LARD,OR 9 3 TIG• -D,OR 97223 • 14D0-005%1 2S114D0-0I.00 TIGA•' C OF ..LARD 'ITY OF 13125 • &LL 1312 . HALL TI •'D,OR 9 -23 TI RD,O' '7223 1.11 ii I' 4�I������ � ��� a�a .-4.�1 111111111 1 -.E". UI , l 1111 iii 1mu :e 11111�a . ■ �„11",11111� CITY o f T I G A R D ,.. 1//1'11" GEOORA7HIC INFORMATION SYSTEM ■ it%iii■11111■'/1Iii. N■i uuiui►� iIIIIIIIIj ��' - M� illpipAREA NOTIFIED ■1%, ill mm � (Abutting) It � 14111,11h111110 _____________ _I� 1111111 MIS 98-0019 it for 1 won USA/COOK PARK JI /4, 251130000600��, ■■ ■ LOT LINE • ;4���` ADJUSTMENT Iwo*" %II ■ VIII -NuumIIIu !r .. / 111P 1au!1,llIjIl»iti+ �iig�1��` 111''II 1\1 a � � IIIrII ‘ ` 166 25114C00700 251140001500 ',,, i.71>1 1 300 II I , * : '1.1r, :0 1 1111f ■ ' 4 $ ,*1N � -, '. Pas ad Iwo% 0 400 800 Feet • P111. 11 1•15101P IN , 1"=646 feet ,41114111111 IMO 110. a 1 r�� iTiTl i ;01 WillillitAliii 'il A . ., 4 I I 1 0501 2S1 , 1 100600 Ci ` Tigard rd e 111'. .■■1 Information on thla map is for general location only and . . • should be venfied wdh the Development Services Division.. ' 13gar SW Hall Blvd � Tigard,OR 97223 ,-, _ .All ' I I (503)639-4171� C httpaAvww.ci.tigard.or.us Community Development • Plot date:Oct 7, 1998;C:\magic\MAGICO2.APR CITY OF TIGARD Community(Development Shaping Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS=1/21/99 FILE NO: LOT LINE ADJUSTMENT(MIS]98-0019 FILE TITLE: USA/COOK PARK LOT LINE ADJUSTMENT APPLICANT: Unified Sewerage Agency Public Service Building, Room 270, MS 10 155 N First Avenue Hillsboro, OR 97124-3072 OWNER OWNER PARCEL 1: Unified Sewerage Agency PARCEL 2: City of Tigard Public Service Building, Room 270, MS 10 13125 SW Hall Boulevard 155 N First Avenue Tigard, OR 97223 Hillsboro, OR 97124-3072 REQUEST: The applicant has requested Lot Line Adjustment approval to adjust the common property line between a 45 acre parcel owned by the Unified Sewerage Agency and a 35 acre parcel owned by the City of Tigard. The proposed Lot Line Adjustment would transfer 6.86 acres to the City of Tigard property. LOCATION: The parcels are located north of and abutting the Tualatin River, between SW 92nd Avenue and SW 95th Avenue. • USA Parcel (Parcel 1) is the old Thomas Dairy. WCTM 2S114AD, Tax Lots 00100 and 00300; WCTM 2S114D0, Tax Lot 00100. City of Tigard Parcel (Parcel 2) is Cook Park. WCTM 2S114D0,Tax Lot 00101. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.52 and 18.162. CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: K STAFF DECISION DATE OF DECISION: THURSDAY OCTOBER 8,1998 HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 PM CITY COUNCIL DATE OF HEARING: TIME: 7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN NARRATIVE K SITE PLAN K TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: M.J. Roberts.Associate Planner (503) 639-4171 Ext. 315 MIS 98-0019 USA/COOK PARK LOT LINE ADJUSTMENT PROPOSAUREQUEST FOR COMMENTS O • ..- LOT LINE ADJUSTMENT . 4., it APPLICATION �,,,,� Ail CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: DATE OF PRE-APP.: WRR L'< ' east of Cook Park, north of Property Address(s): . Tualatin River . . FOR STAFF USE ONLY:::..::, :<::: and 2S1 ).411-----) . Tax Lot s : 2S1 14D 100 uU Tax Map & O Case No.(s)::: / /S' 9 -00/�'r> . .,.. Other Case No.(s): Property Owner(s): USA (Attn: Tom Vanderplat ) Receipt No:: /✓o:. : 6 5. 'O _. 7 // ,9• Room 270, Public Service Bldg. Application Accepted 6 :,.: 1'':4i/ .::: ' Address: 155 N. First Phone: 648-8758 Hillsboro, OR 97124 Date: . . . 9:./I : ?p : . City: Zip: :.. ::..;::..:..:...:...........:. Date Determined:T Be Complete:: :,:: ':: :<:: >: >. Property Address(s): southern end of 92nd Ave. Comp Plan/Zone.Designation: -::: : ::: Tax Map&Tax Lot#(s): 2S1 14D 101 t 2S(I ciA ef)150 CET Area: ! :> >;:::::::::::::::p::::::::::.,::::::< .:i> a :: :`::<: <: Property Owner( ) s : City of Tigard Dafe Recorded and Number:'>:..`.; . > <; : ;; :; Address: 13125 SW Hall Blvd. Phone: 639-4171 City: Tigard, OR Zip: 97223 Rev.8/31/96 :-BcurpintrnastersWaa:doc Applicant'/Agent: Duane Roberts Address: 13125 SW Hall Blvd. Phone: 639-4171 - - City: Tigard , OR Zip: 97223 REQUIRED SUBMITTAL ELEMENTS When the owner and the applicant are different people, the applicant Application Elements Submitted: must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) ff Application Form must sign this application in the space provided on the back of this E- Owner's Signature/Written Authorization form or submit a written authorization with this application. Title Transfer Instrument or Deed Er PROPOSAL SUMMARY 0' Preliminary Map (6 copies) Q' Site/Plot Plan (81/2"x 11") The owners of record of the subject property request Lot Line (#of copies based on pre-app check list) Adjustment permission to adjust of Applicants Statement 2 parcels of 45:63 and 35. 81 (#of copies based on pre-app check list) (number) acreage r square footage) ling Fee$272.00 A/o .SEE into 2 parcels of 37. 78 and 42.49 .. 70.eA' cCd nf_. /61 /y (number) /(acreage or square footage) // ./Z/42/44 4- 1 • List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: None APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property, • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this // day of �-�/7/42'/i`' 19 zi Owner's Signature Owner's Signature Unified Sewerage Agency City of Tigard Owner's Signature Owner's Signature 2 0 • Attachment, Lot Line Adjustment Application Owner of subject parcels: Parcel 1 , Unified Sewerage Agency of Washington County; Parcel 2, City of Tigard The owners Authorized Agent: Tom Vanderplaat, USA; Duane Roberts, City of Tigard Respective Sizes of Parcel 2 before and after partition, 35.81 and 41.49 acres. • • LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 14,TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT AN 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED KAMPE ASSOC. INC., BEING THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN DEED BOOK 468 PAGE 138 OF THE WASHINGTON COUNTY DEED RECORDS, ALSO BEING THE NORTHWEST CORNER OF PARCEL II AS DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE S 88° 37' 46" E, ALONG THE NORTH LINE OF DOCUMENT NUMBER 96080099 AND THE SOUTH LINE OF PARCEL 2 OF PARTITION PLAT 93-078 AS RECORDED IN THE WASHINGTON COUNTY RECORDS,A DISTANCE OF 514.88 FEET TO THE SOUTHEAST CORNER OF SAID PARTITION PLAT; THENCE S 1° 35' 43"W, ALONG THE EXTENSION OF THE EAST LINE OF SAID PARTITION PLAT, A DISTANCE OF 525.00 FEET; THENCE S 67° 39' 13" W A DISTANCE 283.63 FEET TO THE MEAN HIGH WATER LINE OF THE TUALATIN RIVER; THENCE ALONG THE OF MEAN HIGH WATER LINE THE FOLLOWING FIVE COURSES; THENCE N 49° 27' 18" W, A DISTANCE OF 17.85 FEET; THENCE N 57° 14' 11" W A DISTANCE OF 43.39 FEET THENCE N64° 07' 23" W A DISTANCE OF 99.06 FEET; THENCE N 84° 34' 28" W A DISTANCE OF 85.39 FEET; THENCE N 82°45' 23"W A DISTANCE OF 27.12 FEET TO THE WEST LINE OF PARCEL II AS DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 01° 22' 18" E, ALONG THE WEST LINE OF SAID DOCUMENT, A DISTANCE OF 555.30 FEET TO THE POINT OF BEGINNING. CONTAINING 6.86 ACRES . y.,w , • • 0 s n n . o • N IN 8824'25•W 295.20' . 3 ell . 3 7 r 6 S z N S 8824'25•E 295.20' ti _ COUNiyS G °1 2" 1960 7- 7 ` I 1♦ 13 A r C 251 o A�L 30.00' 1'1 TO 01 2641.00'1/4 CORNER TO CENTER OF SECTION 14 -�_ Parcel 1 72.95' S 88'3Y41•EM-12 S 88'3746"E 514.88' d,S 88'48'39" 11-13 751.94'M-11 TO M-12 M-11 1 1175.00 MS AND SN 26351 3 SHOWN ALUMINUM DISK 1 0 m >< SHOWN ABOVE DOWN 8• GEODETIC MONUMENT GC 022-005 yy USBT BOOK 3.PAGE 135 A O 521 48 / 11.6 OLD LOT LINE NEW LOT LINE - .s% a s`SS;;bw Parcel 2 AREA-6.88 ACRES 78 Z r Z. �rt F - c r '=n DOCUMENT NO.96080099 S.,s6•N6 LINE TAB E 1-AE Z 3O LINE LENGTH BEARING AREA 45.6}+-ACRES w 320 LI 549.27'18'E AREA REMAINING 37.78+-ACRES L2 85499173.87:659 S57.14'll'E FO e0 L3 S64'07.23'E - w "JO C" I L4 27.12 S8•45.2•Nd titi ,..' /■D LS 27.12 N82'45'23'V •-10 ¢'r 4:s., : Q wool—J 99.79' p6-s.- 6'L'� Hn '�' F',wow a Q D Cr Sor4Y05•W •.4, r nn f 545-' OQ 64.31' 4: 42% o m N i-'Ui� II Sosirs"i i3 -BUJ, si t9 =o sioY °:oL n Z 60.93. ;�'��of 2 w ti' O. 39.47 �, J NO5T141YE '/?•�' S3619'23•E 1n n N 107.74• 4 a:N or TUALATIH 51012'2 N. TY >- - 53.899 :.a v°i F'• N• •F' J?J 51377,50•W F ACCESS EASEMENT (�• !• f 67.13 DOCUMENT NO. BURLINGTON NORTHERN ill +:::.1):4 y�'q�O 8855.28.169 W 98001400 RAILROAD R/AS 1 ON SN CL o 513.26'98•E 1jJ °. ? 1 800K105 PAGE 445 O -2,2 71 f b 512 IQ'49•W_ w 96 OB•E 2/..•424 �+Iy 81.60 M-4 IS N00'40'p1'E 14.05 FEET ,24'34' F J/ OF THE INITIAL POINT. a u� S2I11'S1•E 6413 /p.4.1`,. 5142T51•W INITIAL SEE NOTE 111-6 z .I o "' 23.48• 86'91 — 151 36' 58839'13•E POINT M-4 58879'13•E• i �� 58879'13•E S88.39'13•E 1071.10' -• 637.70' 339.37' r u-s P., h 340 DEED 105-445 HIGH W la M 344.7 DOCUMENT NO 91065110 CENTER OF TUALATIN RIVER _ / CENTER OF TUALATIN RIVER /// • DOCUMENT NO.91065110 • 3 m ti 54 mH L24 b 0 N p 1 T Ngii W1N REGISTERED wo z N • PROFESSIONAL LAND SURVEYOR • OREGON JULY 18,1980 JOHN R. HADLEY 1894 ' EXPIRES 6-30-99 USBT BOOK 2 PAGE 285 USBT BOOK 2 PAGE 282 GEODETIC MONUMENT GC 022-004 3 1/40 ALUMINUM DISK 3 1/4•ALUMINUM DISK l SHOWN BELOW 10"DOWN 588-40'45'E SHOWN BELOW 'h 3, _GEODETIC MONUMENT GC 022-037 0 GWNT 2643.30'• at Y 4.04)... I SN 26351 2643.21' ♦�COUNTY S 4c. `9'19 7Jy 21f G��i^ o 10 Si < 14113 z 3 3 23124 23 +.. TO C$ -1'4l TO G • rata/1k CITY OF TIGARD OREGON September 24, 1998 Tom Vanderplat Unified Sewerage Agency Room 270, Public Service Building 155 N. First Avenue Hillsboro, OR 97124 Re: Notice of Complete Application Submittal Dear Mr. Vanderplat: This letter is to inform you that your application for a Lot Line Adjustment (City file reference: MIS 98-0019) is considered complete and has been accepted by the Planning Division. If you have any questions concerning this information, please feel free to contact me at (503) 639-4171. Sincerely, 42-2tS M. J. Roberts Associate Planner is\curpin\mjr\mis98-19.cmp c: MIS 98-0019 land use file Duane Roberts, City of Tigard Project Representative • 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 • • 405_, REC'D AUG 21 1998 UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY August 17, 1998 Jim Hendryx Community Development Director City of Tigard • 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Mr. Hendryx: Subject: Lot line Adjustment for USA Thomas Dairy Property This letter is to give permission to the City of Tigard to begin the process of a lot line adjustment for the above-mentioned property. The lot line adjustment pertains only to the parcel that is described in the attached legal description. In early September, the staff of USA will be submitting to our Board of Directors for their consideration the purchase and sale agreement for the same parcel. The transaction cannot be completed until all parties have signed the agreement. If you have any further questions,please contact me at 648-8621. Sincerely, Tom VanderPlaat Water Resources Program Manager Enclosure 155 North First Avenue,Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124-3072 FAX:503/640-3525 I ALIT LEGAL DESCRIPTION • A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT AN 5/8"IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED ti KAMPE ASSOC. INC., BEING THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN DEED BOOK 460 PAGE 414 OF THE WASHINGTON COUNTY DEED RECORDS, ALSO BEING THE NORTHWEST CORNER OF PARCEL II AS DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE S 88° 37' 46"E, ALONG THE NORTH LLNE 4 OF DOCUMENT NUMBER 96080099 AND THE SOUTH LINE OF PARCEL 2 OF PARTITION PLAT 93-078 AS RECORDED IN THE WASHINGTON COUNTY RECORDS,A DISTANCE OF 514.88,FEET TO THE SOUTHEAST CORNER OF SAID PARTITION PLAT; THENCE S 1° 35' 43"W, ALONG THE EXTENSION OF THE EAST LINE OF SAID PARTITION PLAT,A DISTANCE OF 525.00 FEET; If THENCE S 67° 39' 13"W A DISTANCE 283.63 FEET TO THE MEAN HIGH WATER LINE OF THE TUALATIN RIVER; THENCE ALONG THE OF MEAN HIGH WATER LINE THE FOLLOWING FIVE COURSES; THENCE N 49° 27' 18" W,A DISTANCE OF 17.85 FEET; THENCE N 57° 14' 11"W A DISTANCE OF 43.39 FEET THENCE N64° 07' 23" W A DISTANCE OF 99.06 FEET; THENCE N 84° 34' 28" W A DISTANCE OF 85.39 FEET; THENCE N 82°45' 23"W A DISTANCE OF 27.12 FEET TO THE WEST LINE OF PARCEL II AS DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 01° 22' 18"E, ALONG THE WEST LINE OF SAID DOCUMENT, A DISTANCE OF 550.30 FEET TO THE POINT OF BEGINNENNG. CONTAINING 6.86 ACRES SE 1/4 OF SECTION 14 T2S R1W WM t4 1 0 z N Air Of Aliur '. / . . 1. 0 . 7CRE/1 PROPERTY BEING PURCHASED COOK PARK o 30' MADE EASEMENT n mu my or N. OCT 08 '97 11:04AM O'DONNELL, RAMIS P.9 • • • EXHIBIT,�,L OFT OPTION AGREEMENT AND AGREEMENT OF PURCHASE AND SALE Thomas Dairy Residence DATE: _ �f/cn/C/J1 422i 721,7 FROM: John Thomas and Sally Thomas, 16575 SW 85th Avenue, Tigard, Oregon, 97224 , GRANTOR. TO: Unified Sewerage Agency of Washington County, 155 N First Avenue, Suite 270, Hillsboro, Oregon 97124-3072 , GRANTEE. RE_CITATJA A. Grantor is the owner of certain real property located in washington County, Oregon, together with all improvements and fixtures located thereon, all water and mineral rights appurtenant thereto, and all Grantor ' s interest in any lease agreements relating to the property, which is more particularly described in Exhibit "A, " consisting of one page, attached hereto and by this reference made a part hereof (the ' • Property) . B. Grantee desires to acquire an option to purchase the Property upon terms and conditions hereinafter stated. The parties therefore agree as follows: 1. GRANT OP OPTION. Grantor, for and in consideration of the sum of two thousand dollars ($2 , 000. 00) paid to Grantor by Grantee in cash, receipt of which is hereby acknowledged, hereby grants to Grantee the sole and exclusive option to purchase the Property in the manner and for the price hereinafter stated. 2 . DURATION OF OPTION. 2 . 1 This option may be exercised at any time until 11: 59 p.m. on the 90th day following the date hereof. Such period is hereinafter referred to as the "original option period. " //// LS\REAL PROP\TMOFIAS•A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 1 of 11 OCT 08 '97 11:05AM O'DONNELL, RAMIS . P. 10. • • EXHIBIT„ . OF IM 2 . 2 This option may be extended for two successive additional option periods of sixty (60) days each upon written notice given by Grantee to Grantor, in the case of each such desired extension, at any time prior to the expiration of the original option period or the expiration of the first extension period, as the case may be. Such notice shall (a) specify that Grantee elects to extend this option for an additional sixty (60) day • period, and (b) be accompanied by Grantee' s check payable unconditionally to Grantor in the amount of one thousand five hundred dollars ($1, 500. 00) as payment for each such extension. 3. FAILURE TO EXERCISE OPTION. If Grantee fails for any reason to exercise this option in the manner set forth below, Grantee shall have no further claim against or interest in the Property or against or in any of the money paid for the option or any extension thereof, and all of such money shall remain the property of Grantor who shall have no further obligation to Grantee. Further, in the event of such failure to exercise, Grantee will cooperate in providing Grantor with any instruments which Grantor may reasonably deem necessary or advisable to be obtained. form Grantee for the purpose of removing from the public record any cloud on Grantor's title to the Property which is attributable in any manner to the grant or existence of this option. 4. EXERCISE AND SCOPE OF OPTION. 4 . 1 This option shall be exercised if at all by written notice given by Grantee to Grantor at any time during the original or any extended option period, which notice shall specify that Grantee has elected to exercise this option. The notice shall be accompanied by a check in the amount of twenty-one thousand five hundred dollars ($21, 500.00) to be credited against the amount due on closing. 4 . 2 This option may be exercised only with respect to the entirety of the Property, and nothing contained herein shall be construed as permitting Grantee to purchase less than all of the Property pursuant to this option. • 4 . 3 Upon exercise of this option, Grantee shall be obligated to purchase the Property from Grantor, and Grantor shall be obligated to sell the Property to Grantee, for the price and in the manner hereinafter set forth. //// //// . LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 2 of 11 OCT 08 '97 11:05AM O' RAMIS P. 11 • • EXHIBIT C -3 OF.E 5. RIGHTS FOR DURATION OF OPTION. 5 . 1 During the original and any extended option period, Grantee shall be entitled to go upon the Property for the purpose of making or conducting any inspection investigation, test, or survey reasonably related to Grantee' s decision to purchase the Property or to Grantee' s prospective use of the Property, provided only that Grantee shall provide Grantor with 24 hours ' notice 'prior to going on the property. All such activities shall be without expense to Grantor. Grantee shall not interfere with or disturb the rights of any tenant on the Property, or of Grantor's farming and residential uses of the Property. Grantee shall protect, defend, and hold harmless Grantor from any loss, liability, or damage to persons or property arising out of or related to Grantee' s activities on the Property. Grantee shall fully restore the property. or compensate Grantor for any physical damage to the Property (including but not limited to damages caused by performance of a Level II environmental analysis) , and shall discharge any lien, encumbrance or charge thereon attributable to Grantee's activities thereon. 5 . 2 During the original and any extended option period, Grantor shall cooperate in all reasonable respects with Grantee' s efforts to inspect, investigate, test, and survey the Property. Grantor warrants that no tenants, mortgagees, or contract vendors have rights in or to the Property which would prevent or unreasonably interfere with Grantee 's performance of said tests, investigations and surveys on the Property in a reasonable manner. 6. AMOUNT OF ACREAGE; PERSONAL PROPERTY 6 . 1 Although Grantor believes that the Property contains approximately 2 . 0 acres of land and has so represented to Grantee, neither party considers the precise amount of acreage contained in the Property to be material to the purchase or sale of the Property. If it is determined, prior to or after the receipt of survey information by Grantee, that the Property includes more or less than the above-described acreage, neither Grantor' s nor Grantee's obligations shall be avoided due to any determination that the Property in fact contains more or less than 2 . 0 acres, unless such excess or deficiency is material. Without defining what. a "material" amount of acreage might be, the parties do conclusively agree that an excess or deficiency not exceeding one-quarter (1/4) acre is not "material. " In no event shall Grantor have any right to cancel because of a discrepancy between actual and estimated acreage. LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 3 of 11 OCT 06 '97 11:06AM O'DONNELL, RAMIS P. 12 •• EXHIBIT eOE�L • 6. 2 This Agreement does not convey any personal property located on the Property, except as provided in this subsection. Grantor shall retain ownership of all vehicles, farm equipment, livestock, and other personal property associated with the residence and farm operations. Grantor may remove and retain any fixtures and related equipment associated with the dairy, provided it does so by the end of the lease term. Grantor and Grantee' s General Manager or his designee shall agree to a schedule of the fixtures and equipment related to the dairy to be retained and removed by Grantor. Such schedule shall be in writing and signed by both parties, not later than thirty (30) days from the date of Grantee's exercise of the option. as provided in Section 4 . Removal of all personal property shall be performed in compliance with all applicable laws, and at the sole cost and liability of Grantor. Failure of Grantor to remove any fixtures or other personal property from the Property by the end of the lease term shall constitute abandonment of any interest in such property and a waiver by Grantor of any rights 'therein. 7. PURCHASE PRICE 7 . 1 If Grantee exercises this option, the purchase price for the Property shall be the sum of two hundred twenty-five thousand dollars ($225, 000. 00) . The total purchase price shall be paid from Grantee to Grantor in cash at closing, less any credits provided in paragraph 7 . 2 . 7 . 2 Grantee shall be given credit for the two thousand dollars ($2 , 000. 00) paid by Grantee upon execution hereof and for such additional amounts as may be paid by Grantee to Grantor upon exercise of' the option or for extensions of the option period as provided herein. 8. . MEMORANDUM A memorandum of this option shall be executed by Grantor concurrently herewith and may be recorded by Grantee if this agreement itself shall not be so recorded. 9 . CONDITIONS PRECEDENT Grantee' s obligation to complete the purchase of the Property is expressly conditioned upon satisfaction of each of the conditions set forth in this Section 9. Each condition may be waived in whole or part by Grantee with written notice to Grantor. //// LS\REALPROP\THOMAS•A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 4 of 11 OCT 08 '97 11:06AM O'DONLIELL, RAM IS P. 13 • • DRBIT __42/..OF_ 9 . 1 At closing, escrow holder shall issue or cause to be issued a standard ALTA owner's policy of title insurance, in the aggregate amount of the Purchase Price, showing fee title to the Property vested in Grantee, subject to no exceptions other than: (1) liens for real estate taxes and assessments not yet due or payable; and (2) those exceptions appearing on the Preliminary Title Report approved by Grantee. Grantee's failure to object in writing (within 14 days after Grantee's receipt of the Preliminary Title Report) to any exception disclosed by the Preliminary Title Report, shall constitute acceptance of the exceptions described in said title report. Grantor shall provide Grantee with a Preliminary Title Report for the Property within 14 days of execution of this Option. Agreement and Agreement of Purchase and Sale. 9. 2 Grantor shall certify to Grantee that all of Grantor ' s Representations set forth in Section 11 herein are true and correct in all material respects as of close of escrow. 9. 3 Grantor shall certify, under penalty of perjury, in a form acceptable to Grantee, (the "Nonforeign Certification"•) Grantor' s business address and federal tax identification number, and certifying that Grantor is not a "Foreign Person" in accordance with the provision of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. 9. 4 Completion of a survey of subject area to establish exact acreage of the Property and to develop a legal description of the Property. Grantee will pay the cost of the survey. Exercise of the Option shall constitute a waiver of the condition described in this subparagraph 9 . 4 . 9. 5 Grantee is seeking financial assistance from the Metropolitan Service' District ("Metro"). and others toward the purchase price of the property. If, within 30 days of Grantee ' s notice of exercise of this Option, and any allowed extensions, Grantee has not received a written commitment from Metro and others of substantial financial participation toward the purchase of the Property, one of the following shall occur: a.' Grantee may give written notice to Grantor to cancel the purchase. Upon such notice, this Agreement shall be terminated. • b. Grantee may request and Grantor may agree to extend the date of closing to a date certain, pending receipt of a financial commitment from Metro or others. LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 5 of 11 OCT 08 '97 11:07AM O'DONNELL, RAMIS P. 14 XH1SIT AL OF ? 10. CLOSING 10. 1 The purchase of the Property shall be closed in escrow at the Oregon Title Company, Hillsboro, Oregon. Time is of the essence of this escrow. Opening of escrow shall be that date upon which Grantee and Grantor, or their agents, have deposited executed copies of this Agreement with Oregon Title Company. The closing of this escrow . . shall be held on the date ("Closing Date") designated by Grantee, which, shall be as soon as possible following exercise of this option by Grantee, and, in any event, not later than the 35th day following the exercise of • this option. 10. 2 On the closing date, Grantor shall execute and deliver to Grantee a statutory warranty deed conveying the Property to Grantee free and clear of all liens and encumbrances except those accepted by Grantee. 10. 3 Both parties agree to execute any supplemental escrow instructions which may be reasonably requested and which are consistent with the terms hereof. 10 . 4 Escrow agent is instructed to prorate rents, property taxes, and insurance premiums, as of the date of closing. 10. 5 Grantor shall pay all costs of providing a standard ALTA owner' s policy of title insurance and any documentary transfer taxes or stamps. 10 . 6 At or prior to closing, Grantor shall pay the unpaid principal and accrued interest of any liens and encumbrances on the Property necessary to be paid in order to permit issuance of the title insurance policies referred to herein and Grantee understands that any such payments may be made out of the funds paid by it to Grantor at closing. • 11. REPRESENTATIONS OP. GRANTOR Grantor represents to Grantee that the fo-llowing are true as of the date hereof and shall be true as of the date of closing: 11 . 1 Grantor is presently the owner of the Property and has the unconditional right to sell the Property. 11. 2 To the best of Grantor ' s knowledge and belief, no material violation exists with respect to any portion of the Property or the use thereof under any federal, state or local statute, ordinance, code, regulation, permit, license, covenant, condition, restriction, or judicial • • LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 6 of 11 OCT 08 '97 11:08AM O'DON ELL, RAMIS P. 15 • • fXHIBl7 a_7. 4F order, except those noted in the Disclosure Statement attached hereto as Exhibit "C" . 11. 3 The only existing lease agreements or possessory rights relating to the Property are the existing leases which will be delivered to Grantee pursuant to section 12 herein below. The copies so delivered, completely and accurately reflect the agreement of the parties thereto with respect to the matter contained therein and have not been modified, altered, or amended in any manner whatsoever. There are no existing claims or obligations which remain to be satisfied by either party except as set forth therein and no default exists on the part of either party. There are no security deposits, offsets, credits, or other concessions except as set forth therein. 11. 4 Grantor represents, to the best of Grantor' s knowledge, information, and belief, no toxic substances or other ground contaminants of any sort have been dumped, buried, disposed of, leaked, or otherwise released upon, in, or under the Property or have been allowed to pass on, under, or through the subject Property at any time during Grantor' s ownership of the property. 11. 5 Except as otherwise set forth herein, Grantor shall be responsible for all costs, expenses, and obligations incurred in the maintenance of the Property prior to closing. . There is not existing or pending litigation with respect to the Property which would adversely affect Grantee. In the event any lien, claim, or cause of action should arise from activities upon or related to the Property prior to closing, Grantor shall, from and after closing, at its sole cost and expense, defend against any claim or cause of action and hold Grantee harmless therefrom. 11 . 6 From and after the date hereof, Grantor agrees not to enter into any agreements binding upon Grantee after the closing without obtaining the written consent of Grantee to the terms and conditions thereof. Grantee will respond in writing within ten (10) working days of - receipt, either written or oral, of the terms and conditions of such agreements. 11. 7 If the conditions of Section 9 or of any of Grantor ' s " representations contained in this agreement, are not • satisfied or waived by Grantee and the transaction does not thereafter close, this agreement shall, at Grantee ' s option, terminate and all funds and documents which have been deposited and delivered other than payments for the option and any extensions, shall be returned to the party having deposited the same within three (3) days of notice LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 7 of 11 OCT 06 '97 11:06AM O'DONNELL, RAMIS P. 16 • • • fxHIBIT�� p OF -57 of termination of this agreement. In the event of such termination, each party shall bear its own expense. 12 . INFORMATION PROVIDED TO GRANTEE To the extent the Grantor has possession or can reasonably obtain possession of same, Grantor shall deliver to Grantee within ten (10) days of mutual execution hereof, the following documents certified by Grantor to be true and correct: 12 . 1 Copies of originals of all existing leases and/or leases currently out for signature. 12 . 2 A copy of the most current property tax assessment and/or tax bills, certificates and premiums thereto.. 12 . 3 Any survey documents that may assist Grantee in preparing a new legal description and accurate survey. 13. ADDITIONAL TERMS AND CONDITIONS 13 . 1 Grantee will be responsible for any additional ad valorem taxes on the Property which may be due as a result of its disqualification from farm deferral due to any act or omission of Grantee. 13 . 2 Notwithstanding the obligations of paragraph 14 , and of Grantor ' s representations herein, Grantee agrees to assume the responsibility for cleanup of the petroleum storage tanks identified in the Phase I Environmental Site Assessment Report dated November 3 , 1993 , by SEACOR, including any associated contaminated soil. 13 . 3 Grantee shall reimburse Grantor for its actual and reasonable moving costs incurred in moving its personal property from the Property to another residence or farm • not to exceed the sum of five thousand dollars ($5, 000 . 00) . Payment under this provision shall be in addition to the purchase price for the property, and shall be handled outside of escrow. Grantor shall, within 60 days of moving from the Property, make written request of Grantee for such reimbursement, providing copies of receipts for all costs which are claimed. Grantee shall have 60 days from receipt of Grantor' s written request to make payment. 13 . 4 From and after the date of execution of this Option Agreement, Grantor shall not cut or remove any timber or tree on the Property having a diameter of 4" D.B.H or larger. //// LS\REALPROP\TNOMAS•A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 8 of 11 • OCT 08 '97 11:09AM O'DONNELL, RAMIS P. 17 n • EXHIBIT a _4/ OF g 14. HAZARDOUS MATERIAL; INDEMNIFICATION 14. 1 As used in this Agreement, including the Lease, the term Hazardous Material means any hazardous or toxic substance, material, or waste, including, but not limited to those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR §172 . 101) , or by the United States Environmental Protection Agency as hazardous substances (40 CFR pt 302) and amendments thereto, petroleum products, or other such substances, materials, and wastes that are or become regulated under any applicable local, state, or federal law. For purposes of this Section 14 , recycled wastewater is not considered Hazardous Material. 14 . 2 Grantor shall indemnify, defend, and hold Grantee harmless from any and all claims, judgments, damages, penalties, fines,, costs, liabilities, or losses (including without limitation, diminution in value of the Property, damages for the loss or restriction on use or rent of the Property, damages arising from settlement of claims, attorney fees, consultation fees, and expert fees) that arise due to contamination of the Property during its ownership or occupancy by Grantor by Hazardous Materials as a result of Grantor's use or activities or of Grantor's agents or contractors. This indemnification of Grantor by Grantee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material in the soil or groundwater or under the Property. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement. 15. POSSESSION; RESIDENTIAL AND FARM LEASE Grantee shall be entitled to possession immediately upon closing, subject to Grantor ' s lease of the subject property for residential and farm purposes as set forth in the lease attached hereto as Exhibit "B. " 16. NOTICES All notices and communications in connection with this agreement shall be given in writing and shall be transmitted by certified mail, return receipt requested, to the appropriate party at the address first set forth above. Any notice so transmitted shall be deemed effective on the date it LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 9 of 11 OCT 08 '97 11:09AM O'DONNELL, RAMIS P. 18 EXHIBIT,__tea of .,� is received by certified mail, return receipt requested. Either party may; by written notice, designate a different address for purposes of this agreement. • 17 . EFFECT OF AGREEMENT Execution by both Grantor and Grantee of this Agreement will result in a contract which is binding on the parties, their successors and assigns. This Agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This agreement supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties. This agreement may not be modified or amended except by a written agreement executed by both parties. 18. APPLICABLE LAW; PREVAILING ATTORNEY FEES This agreement shall be construed, applied, and enforced in accordance with the laws of the State of Oregon. In any suit or action brought upon out of this Agreement, and upon approval thereof, the losing party shall pay the prevailing party's reasonable attorney fees to be fixed by the trial and appellate courts respectively. 19 . REAL ESTATE COMMISSION Each party agrees to pay any commission or finder ' s fees that may be due on account of this transaction to any broker or finder employed by it and to indemnify the other party against any claims for commissions or fees asserted by any broker claiming by, through, or under the indemnifying party. 20. CONTINUATION OF OBLIGATIONS AND WARRANTIES All obligations, representations, and warranties contained in this agreement will survive closing and the conveyance of the Property to Grantee. • 21. DEFAULT If either party Shall fail or refuse to carry out any provision hereof, the other party shall be entitled to such remedy or remedies for breach of contract as may be available under applicable law, including, without limitation, the remedy of specific performance, if such party has fully performed all of its obligations hereunder. Time is of the essence hereof. LS\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 10 of 11 OCT 08 '97 11: 10AM O'DONNELL, RAMIS P. 19 • EXHIBIT a 6 OF X • 22 . AGREEMENT SUBJECT TO APPROVAL OP GRANTEE'S BOARD OF DIRECTORS This Option Agreement and Agreement of Purchase and Sale is subject to approval of Grantee's Board of Directors not later than December 15, 1995. 23 . REQUIRED STATEMENT; FIRE PROTECTION AND ZONING THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTION STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COURT PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 24. LIKE KIND EXCHANGE Notwithstanding any other provision, at the option of Grantor, if all or part of this transaction qualifies for like-kind exchange treatment under Section 1031 of the IRS of 1986 as amended, the parties agree to cooperate and do all things necessary to cause a tax-free exchange under Section 1031, including, but not limited to the following: a. Identification and designation of the exchange property by Grantor within the time limits set by the IRC Section 1031; and b. Grantee shall cooperate with Grantor to acquire the property acquired as the exchange property. UNIFIED SEWERAGE AGENCY of JOHN THOMAS WASHINGTON COUNTY (Grantor) (Grantee) ()).-OZ ,�} n r"! , BY: A6f1.. Genet l Ma nag Date: G� -- �,l� 9 Date: d4 L / / • SALLY THOMAS (Grantor) APPROVED AS TO FORM: ra A4/0,140a Q , Date: - ► ,. GI USA Gene al gunsel Date: ID ES. 1 MO: • (.S\REALPROP\THOMAS-A.OPT\sb REAL ESTATE RESIDENCE PURCHASE Page 11 of 11 • , OCT 08 '97 11:10AM O'DON ELL, RAMIS P.20 • • EXHIBIT .Lr /A OF �7 EXHIBIT "A" LEGAL DESCRIPTION Thomas Dairy Residence A tract of land being a portion of Section 14, Township 2 south, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: • BEGINNING at a point on the East line of said Section 14 that is 1921. 1 feet South of the Northeast corner of said Section 14 , said point being the Northeast corner of a tract of land conveyed to Unified Sewerage Agency, by Deed recorded April 15, 1977, in Book 1158 , Page 415; thence West following the North line of said Unified Sewerage Agency Tract and the Westerly extension thereof, a distance of 375 . 0 feet; thence North parallel within the East line of said Section 14 , a distance of 242 . 0 feet; thence East parallel within the North line of said Unified Sewerage Agency Tract, a distance of 375 . 0 feet to a point on the East line of said Section 14 ; thence South following the East line of said Section 14 , a distance of 242 . 0 feet to the point of beginning. • LS\REALPROP\THOMAS-A.OPT REAL ESTATE RESIDENCE PURCHASE - Ex "A" Page 1 of 1 , OCT 08 '97 11: 11AM O'DO LL, RAMIS P.21 • EXHIBIT e OF EXHIBIT "5" FARM LEASE This lease is made and executed by and between Mr. John Thomas and Mrs. Sally Thomas, ("Lessee") and Unified Sewerage Agency of Washington County, ("Lessor") . 1. Lease of Property. Lessor hereby leases to Lessee for farming purposes, the Property as described in Exhibit "A" to the Option Agreement and Agreement of Purchase and Sale (the "Purchase Agreement") , attached hereto. 2 . Tee: Purchase Contingency. The initial term of this lease shall commence upon recording of a deed to the Property from Lessee to Lessor, as provided in the Purchase Agreement and shall continue to eighteen months from the date of commencement, unless extended or earlier terminated as provided herein. If, under the Purchase Agreement the Grantee fails to exercise the option to purchase, or if the purchase transaction does not close, this Lease shall be void and of no effect. ' 3 . ,Early Termination; Extension. 3 . 1 This lease is subject to early termination for default by Lessee, as provided in paragraph 14 . 3 . 2 Lessee may terminate this Lease early by providing thirty (30) days' written notice of its intent to terminate. 3 . 3 This Lease shall terminate early in the event lessee abandons the property. 3 .4 Lessee shall be entitled to extend this Lease for a single additional term of one hundred eighty days (180) days. Lessee shall exercise such right by providing Lessor with thirty (30) days ' written notice of its intent to extend the Lease, prior to the expiration of the Lease. 4 . Payment of Rent. The base rental to be paid by Lessee to Lessor shall be zero dollars. Full consideration for the initial and one extension of this lease is included within the parties ' Option Agreement and Agreement of Purchase and Sale regarding the Property. The Lessee shall bear all expenses of raising crops and livestock, and all expenses relating to the residences and the buildings during the term of the lease, including all utilities. Lessee is entitled to participate in crop related government programs such as federal price support, CRP, etc. Lessee will receive funds from participation in such government programs. • LS\REALPROP\TNONAS-A.OPTsb REAL ESTATE RESIDENCE PURCHASE — Ex "B" Page I of 4 OCT 08 '97 11 11A O'DONNELL, RAMIS P.2��2// 5 . Crops , Livestock and their Products. Lessor understands that all crops, livestock, and their products are the property of the Lessee. Lessee shall not permit any lien to be imposed upon the Property. 6 . Lessor' s Warr nty. Lessor warrants that it has the right to lease all of said property and further warrant peaceful possession, use and enjoyment of the property during the term hereof or any extension thereof. 7 . Real Property Tags. Lessee shall pay prior to delinquency all real property taxes, which are or may become a lien upon the Property during the term of the lease. If the lease is terminated in the middle of a tax year, Lessor shall refund to Lessee the prorated amount of taxes paid by Lessee for the remainder of the tax year. 8. Prohibition of Assisnfient o aubJ.ea,se. The Lessee may not sublease the property or assign this lease, except upon Lessor's prior written consent. 9. Successor In ere ts. The covenants, conditions and terms of this lease shall extend to and be binding upon and inure to the benefit of the heirs, administrators, executors, successors and assigns of the parties hereto. 10. Use of Proper y. The Property subject to this lease shall be used for lawful farming operations and associated residential use, and for no other purpose without Lessor' s advance written consent. Lessee shall farm said land in a good workmanlike manner and in accord with the practices of good land stewardship. Lessee shall furnish all tools, implements, seeds, labor and other materials and devices necessary for proper farming operations. No hunting will be allowed on the Property. 11. Comp ianc with Law and Hazardous Materials. a. The definitions and provisions of Sections 14 . 1 and 14 . 2 of the Option Agreement and Agreement of Purchase and Sale shall apply to this Lease, provided that "Grantor" shall refer to Lessee and "Grantee" shall refer to Lessor. b. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Lessee or Lessee' s agents or contractor results in any contamination of the Property during the lease term, Lessee shall promptly take all actions, at Lessees sole expense, as are necessary to return the Property to the condition existing prior to the release of any such Hazardous Material onto the Property, provided that Lessor ' s approval of such action shall first be obtained, and approval shall not be unreasonably withheld, as long as such LS\REALPROP\THOMAS•A.OPTsb REAL ESTATE RESIDENCE PURCHASE - Ex "B" Page 2 of 4 OCT 08 '97 11: 12AM O'DONNELL, RAMIS P.23 • EXHIBIT. e. (60F✓7 actions would not potentially have any material adverse, long-term, or short-term effect on the Property. 12 . Insurance Lessee, during the term of this Lease or any extension thereof, shall maintain general liability insurance covering liability for Lessee' s actions upon or arising out of use or possession of the leased premises. The amount of the insurance shall be not less than $500,, 000. 00, and Lessee shall cause Lessor to be named as an additional insured. 13 . Burning of Stubble. Lessee shall not burn any stubble or crop residues. 14 . pefault If Lessee defaults- in performing any of the provisions of this lease, Lessor shall notify Lessee in writing specifying such default or defaults. If Lessee fails to correct or remedy such specified defaults within 30 days after receiving such written notice, the Lessor may: a. Correct the specified defaults, in which event the cost thereof to the Lessor shall be deemed to be additional rent and shall be immediately due without further notice of default and Lessor may institute necessary proceedings to collect the same. b. Declare this lease terminated in which event the Lessee's rights under the lease shall terminate and Lessor shall be entitled to re-enter the premises and take possession thereof. 15. Condition of Premises. Upon expiration of the lease term or earlier termination on account of default, Lessee shall deliver all keys to Lessor and surrender the Property. Lessee shall, at its sole cost and liability, remove from the property, no later than termination of the lease, all of the following: a. Domestic animals. b. Boxes, bags, barrels, and containers of any kind, (except the petroleum storage tanks referred to in Section 13 . 2 of the Option Agreement and Agreement of Purchase and Sale known by Grantor to contain petroleum, fertilizer, pesticides, paint, solvents, hazardous or regulated substances of any kind. Such removal shall also include the contents of any such containers. c. Trash and refuse of any kind. Not less than seven days prior to termination of the lease, Lessee shall contact Lessor to arrange a walk-through of the Property by Lessor and Lessee, to verify compliance of the Property with this section. If Lessee fails to comply with the requirements of this section, LS\REALPRoP\THOMAS-A.OPTsb REAL ESTATE RESIDENCE PURCHASE — Ex "B" Page 3 of 4' OCT aB '97 11: 12AM O'DONNELL, RAMIS P.24 . III . EXHIBIT.e /f OF,N Lessor may arrange for cleanup and charge the cost to Lessee. Such charges may be offset against any sums otherwise due from Grantee to Grantor under the Option Agreement and Agreement of Purchase and Sale. IN WITNESS WHEREOF, the parties have executed this lease on the date set forth opposite each signature. JOHN THOMAS and THE UNIFIED SEWERAGE AGENCY SALLY THOMAS, Lessee OF WASHINGTON COUNTY, Lessor kV' i John ' omas _ Bill Gaff , = 'al Manager Date: O �1,c f `� Date: A414 4F , , ,?1/9q5-- APPROVED AS TO FORM: �GZL��� l -7-C-4 ..Sally T mas eneral Counsel Date: 0 ,_ -- Unified S w ra a Agency Date: ID26/ LS\REALPROP\TKOMAS-A.OPTsb REAL ESTATE RESIDENCE PURCHASE — Ex "B" Page 4 of 4 OCT BB '97 11:13AM O'DONNELL, RAMIS P.25 • • EXHIBIT_.. L Of IZ EXHIBIT "C" DISCLOSURE SCHEDULE GRANTORS, John Thomas and Sally Thomas, are currently involved in a products' liability lawsuit brought by five individuals claiming that they purchased and consumed defective milk from Fred Meyer, Inc. and Thomas Jersey Dairy. The plaintiffs seek damages totalling $14, 652 . 85, as well as punitive damages of $100, 000. 00. Grantor's insurance carrier, Fireman's Fund, is defending the suit. • LS\REALPROP\THOMAS•A.OPTab REAL ESTATE RESIDENCE PURCHASE — Ex "C" Page 1 of 1 OCT 06 '97 11: 13AM O'DONNELL, RAMIS P.26 • EXHIBIT L t" OF�T OPTION AGREEMENT AND AGREEMENT OF PURCHASE AND SALE Thomas Dairy Property DATE: FROM: John Thomas and Sally Thomas, 16575 SW 85th Avenue, Tigard, Oregon, 97224 , GRANTOR. TO: Unified Sewerage Agency of Washington County, 155 N First Avenue, Suite 270, Hillsboro, Oregon 97124-3072 , GRANTEE. RECITALS A. Grantor is the owner of certain real property located in Washington County, Oregon, together with all improvements and fixtures located thereon, all Water and mineral rights appurtenant thereto, and all Grantor' s interest in any lease agreements relating to the property, which is more particularly described in Exhibit "A, " consisting of two pages, attached hereto and by this reference made a part hereof (the Property) . B. Grantee desires to acquire an option to purchase the Property upon terms and conditions hereinafter stated. The parties therefore agree as follows : 1. GRANT OF OPTION. Grantor, for and in consideration of the sum of four thousand • dollars ($4 , 000 . 00) paid to Grantor by Grantee in cash, receipt of which is hereby acknowledged, hereby grants to Grantee the sole and exclusive option to purchase the Property in the manner and for the price hereinafter stated. 2 . DURATION OF OPTION. 2 . 1 This ,option may be exercised at any time until 11: 59 p.m. on ,tlie 90th dayy following the date hereof. Such period is hereinafter referred to as the "original option period. " 2 . 2 This option may be extended for two successive additional option periods of sixty (60) days each upon written notice given by Grantee to Grantor, in the case of each such desired extension, at any time prior to the expiration of the original option period or the expiration of the first is\REAtPROP\THOMAS-B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 1 of 11 OCT 08 '97 11: 14AM O'DONNELL, RAMIS P.2 /� 01 1 • 411 MOT extension period, as the case may be. Such notice shall (a) specify that Grantee elects to extend this option for an additional sixty (60) day period, and (b) be accompanied by Grantee 's check payable unconditionally to Grantor in the amount of two thousand five hundred dollars ($2 , 500. 00) as payment for each such extension. 3 . FAILURE TO EXERCISE OPTION. If Grantee fails for any reason to exercise this option in the manner set forth below, Grantee shall have no further claim against or interest in the Property or against or in any of the money paid for the option or any extension thereof, and all of such money shall remain the property of Grantor who shall have no further obligation to Grantee. Further, in the event of such failure to exercise, Grantee will cooperate in providing Grantor with any instruments which Grantor may reasonably deem necessary or advisable to be obtained form Grantee for the purpose of removing from the public record any cloud on Grantor' s title to the Property which is attributable in any manner to the grant or existence of this option. 4 . EXERCISE AND SCOPE OF OPTION. 4 . 1 This option shall be exercised if at all by written notice given by Grantee to Grantor at any time during the original or any extended option period, which notice shall specify that Grantee has elected to exercise this option. The notice shall be accompanied by a check in the amount of eighty-six thousand dollars ($86 , 000 . 00) to be credited against the amount due on closing. 4 . 2 This option may be exercised only with respect to the entirety of the property, and nothing contained herein shall be construed as permitting Grantee to purchase less than all of the Property pursuant to this option. 4 . 3 Upon exercise of this option, Grantee shall be obligated to purchase the Property from Grantor, and Grantor shall be obligated to sell the Property to Grantee, for the price and in the manner hereinafter set forth. S. RIGHTS FOR DURATION OF OPTION. 5. 1 During the original and any extended option period, Grantee shall be entitled to go upon the Property for the purpose of making or conducting any inspection investigation, test, or survey reasonably related to Grantee ' s decision to purchase the Property or to Grantee' s prospective use of the Property, provided only that Grantee shall provide Grantor with 24 hours ' notice prior to going on the LS\REALPROP\THOMAS•R,OPT\$b REAL ESTATE DAIRY PURCHASE Page 2 of 11 OCT 88 '97 11:14AM O'DONNELL, RAMIS P.28 • • TX H 1811 t OF property . All such activities shall be without expense to Grantor. Grantee shall not interfere with or disturb the rights of any tenant on the Property, or of Grantor ' s farming and residential uses of the Property. Grantee shall protect, defend, and hold harmless Grantor from any loss, liability, or damage to persons or property arising out of or related to Grantee ' s activities on the Property. Grantee shall fully restore the property or compensate Grantor for any physical damage to the Property (including but not limited to damages caused by performance of a Level II environmental analysis) , and shall discharge any lien, encumbrance or charge thereon attributable to Grantee ' s activities thereon. 5. 2 During the original and any extended option period, Grantor shall cooperate in all reasonable respects with Grantee ' s efforts to inspect, investigate, ' test, and survey the Property. Grantor warrants that no tenants, mortgagees, or contract vendors have rights in or to the Property which would prevent or unreasonably interfere with Grantee's performance of said tests, investigations and surveys on the Property in a reasonable manner. 6. AMOUNT OF ACREAGE; PERSONAL PROPERTY 6. 1 Although Grantor believes that the Property contains approximately 44 . 25 acres of land and has so represented to Grantee, neither party considers the precise amount of acreage contained in the Property to, be material to the purchase or sale of the Property. If it is determined, prior to or after the receipt of survey information by Grantee, that the Property includes more or less than the above-described acreage, neither Grantor' s nor Grantee ' s obligations shall be avoided due to any determination, that the Property in fact contains more or less than 44 . 25 acres, unless such excess or deficiency is material , Without defining what a "material" amount of acreage might be, the parties do conclusively agree that an excess or deficiency not exceeding four (4) acres is not "material . " In no event shall Grantor have any right to cancel because of a discrepancy between actual and estimated acreage. 6. 2 This Agreement does not convey any personal property located on the Property, except as provided in this subsection. Grantor shall retain ownership of all vehicles, farm equipment, livestock, and other personal property associated with the residence and farm operations. Grantor may remove and retain any fixtures and related equipment associated with the dairy, provided it does so by the end of the lease term. Grantor and Grantee ' s General Manager or his designee shall agree to a schedule of the fixtures and equipment related to the dairy to be retained and removed by Grantor. Such schedule shall be in writing LS\REALPROP\TNOMAS•B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 3 of 11 . OCT aB '97 11: 15AM O'DONNELL, RAMIS P.29 • '.k...• EXHIBIT_. Li.Or • and signed by both parties, not later than thirty (30) days from the date of Grantee ' s exercise of the option as provided in Section 4 . Removal of all personal property shall be performed in compliance with all applicable laws, and at the sole cost and liability of Grantor . Failure of Grantor to remove any fixtures or other personal property from the Property by the end of the lease term shall constitute abandonment of any interest in such property and a waiver by Grantor of any rights therein. 7 . PURCHASE PRICE 7 . 1 If Grantee exercises this option, the purchase price for the Property shall be the sum of eight hundred fifty thousand dollars ($850, 000. 00) . The total purchase price ' shall be paid from Grantee to Grantor in cash at closing, less any credits provided in paragraph 7 . 2 . 7 . 2 Grantee shall be given credit for the four thousand. dollars ($4 , 000. 00) paid by Grantee upon execution hereof and for such additional amounts as may be paid by Grantee. to Grantor upon exercise of the option or for extensions of the option period as provided herein. 8. MEMORANDUM A memorandum of this option shall be executed by Grantor concurrently herewith and may be recorded by Grantee if this agreement itself shall not be so recorded . 9 . CONDITIONS PRECEDENT Grantee 's obligation to complete the purchase of the Property is expressly conditioned upon satisfaction of each of the conditions set forth in this Section 9 . Each condition may be waived in whole or part by Grantee with written notice to Grantor. 9 . 1 At closing, escrow holder shall issue or cause to be issued a standard ALTA owner ' s policy of title insurance, in the aggregate amount of the Purchase Price, showing fee title to the Property vested in Grantee, subject to no exceptions other than: (1) liens for real estate taxes and assessments not yet due or payable; and (2) those exceptions appearing on the Preliminary Title Report approved by Grantee. Grantee ' s failure to object in writing (within 14 days after Grantee' s receipt of the Preliminary Title Report) to any exception disclosed by the Preliminary Title Report, shall constitute acceptance of the exceptions described in said title report. Grantor shall provide Grantee with a Preliminary Title Report for LS\REALPROP\THOMAS-8.0PT\sb REAL ESTATE DAIRY PURCHASE Page 4 of 11 OCT aB '97 11:15AM O'DONNELL, RAMIS P.30 ' • EXHIBIT a OF..5. • the Property within 14 days of execution of this Option Agreement and Agreement of Purchase and Sale. 9 . 2 Grantor shall certify to Grantee that all of Grantor ' s Representations set forth in Section 11 herein are true and correct in all material respects as of close of escrow. 9 . 3 Grantor shall certify, under penalty of perjury, in a form acceptable to Grantee, (the •"Nonforeign Certification") Grantor ' s business address and federal tax identification number, and certifying that Grantor is not a "Foreign Person" in accordance with the provision of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. 9 . 4 Completion of a survey of subject area to establish exact acreage of the Property and to develop a legal description of the Property. Grantee will pay the cost of the survey. Exercise of the Option shall constitute a waiver of the condition described in this subparagraph 9 . 4 . 9 . 5 Grantee is seeking financial assistance from the Metropolitan Service District ("Metro") and others toward the purchase price of the property. If, within 30 days of Grantee ' s notice of exercise of this Option, and any allowed extensions, Grantee has not received a written commitment from Metro and others of substantial financial participation toward the purchase of the Property, one of the following shall occur: a . Grantee may give written notice to Grantor to cancel the purchase. Upon such notice, this Agreement shall be terminated. b. Grantee may request and Grantor may agree to extend the date of closing to a date certain, pending receipt of a financial commitment from Metro or others. 10. CLOSING 10. 1 The purchase of the Property shall be closed in escrow at the Oregon Title Company , Hillsboro, Oregon. Time is of the essence of this escrow. Opening of escrow shall be that date upon which Grantee and Grantor, or their agents, have deposited executed copies of this Agreement with Oregon Title Company. The closing of this escrow shall be held on the. date ("Closing Date") designated by Grantee, which shall be as soon as possible following exercise of this option by Grantee, and, in any event, not later than theh day following the exercise of this option. dl5 10 . 2 On the closing date, Grantor shall execute and deliver to Grantee a statutory warranty deed conveying the Property to LS\REALPROP\THOMAS•B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 5 of 11 OCT 88 '97 11: 16AM O'DONNELL, RAMIS P.31, • • EXHIBIT L Grantee free and clear of all liens and encumbrances except those accepted by Grantee. 10 . 3 Both parties agree to execute any supplemental escrow instructions which may be reasonably requested and which are consistent with the terms hereof . 10. 4 Escrow agent is instructed to prorate rents , property taxes, and insurance premiums, as of the date of closing. 10 . 5 Grantor shall pay all costs of providing a standard ALTA owner ' s policy of title insurance and any documentary transfer taxes or stamps. 10 . 6 At or prior to closing, Grantor shall pay the unpaid principal and accrued interest of any liens and encumbrances on the Property necessary to be paid in order to permit issuance of the title insurance policies referred to herein and Grantee understands that any such payments may be made out of the funds paid by it to Grantor at closing. 11• REPRESENTATIONS OF GRANTOR Grantor represents to Grantee that the following are true as of the date hereof and shall be true as of the date of closing: 11 . 1 Grantor is presently the owner of the Property and has the unconditional right to sell the Property. 11 . 2 To the best of Grantor ' s knowledge and belief , no material violation exists with respect to any portion of the Property or the use thereof under any federal, state or local statute, ordinance, code, regulation, permit, license, covenant, condition, restriction, or judicial order, except those noted in the Disclosure Statement attached hereto as Exhibit "C" . 11 . 3 The only existing lease agreements or possessory rights relating to the Property are the existing leases which will be delivered to Grantee pursuant to Section 12 herein below. The copies so delivered, completely and accurately reflect the agreement of the parties thereto with respect to the matter contained therein and have not been modified, altered, or amended in any manner whatsoever . There are no existing claims or obligations which remain to be satisfied by either party except as set forth therein and no default exists on the part of either party. There are no security deposits, offsets, credits, or other concessions except as set forth therein. 11 . 4 Grantor represents , to the best of Grantor' s knowledge, information, and belief , no toxic substances or other LS\REALPROP\TkOMAS•B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 6 of 11 OCT 08 '97 11: 16AM O'DONNELL, RAMIS P.32 • • • EXHIBIT LT OF Z ground contaminants of any sort have been dumped, buried, disposed of , leaked, or otherwise released upon, in, or under the Property or have been allowed to pass on, under, or through the subject Property at any time during Grantor ' s ownership of the property. 11 . 5 Except as otherwise set forth herein, Grantor shall be responsible for all costs, expenses, and obligations ' incurred in the maintenance of the Property prior to closing. There is not existing or pending litigation with respect to the Property which would adversely affect Grantee. In the event any lien, claim, or cause of action should arise from activities upon or related to the Property prior to closing, Grantor shall , from and after closing, at its sole cost and expense, defend against any claim or cause of action and hold Grantee harmless therefrom. 11 . 6 From and after the date hereof, Grantor agrees not to enter into any agreements binding upon Grantee after the closing without obtaining the written consent of Grantee to the terms and conditions thereof. Grantee will respond in writing within ten (10) working days of receipt, either written or oral, of the terms and conditions of such agreements. 11. 7 If the conditions of Section 9 or of any of Grantor ' s representations contained in this agreement, are not satisfied or waived by Grantee and the transaction does not thereafter close, this agreement shall , at Grantee ' s option, terminate and all funds and documents which have been deposited and delivered other than payments for the option and any extensions, shall be returned to the party having deposited the same within three (3) days of notice of termination of this agreement. In the event of such termination, each party shall bear its own expense. 12 . INFORMATION PROVIDED TO GRANTEE To the extent the Grantor has possession or can reasonably obtain possession of same, Grantor shall deliver to Grantee within ten (10) days of mutual execution hereof , the following documents certified by Grantor to be true and correct: 12 . 1 Copies of originals of all existing leases and/or leases currently out for signature. 12 . 2 A copy of the most current property tax assessment and/or tax bills, certificates and premiums thereto. 12 . 3 Any survey documents that may assist Grantee in preparing a new legal description and accurate survey. LS\REAIPROP\THOMAS•B.OPT\$b REAL ESTATE DAIRY PURCHASE Page 7 of 1 . OCT 08 '97 11: 17AM O'DONNELL, RAMIS P.33 • EXHIBIT a Ai OF 257 13 . ADDITIONAL TERMS AND CONDITIONS 13 . 1 Grantee will be responsible for any additional ad valorem taxes on the Property which may be due as a result of its disqualification from farm deferral due to any act or omission of Grantee. 13 . 2 Notwithstanding the obligations of paragraph 14 , and of Grantor' s representations herein, Grantee agrees to assume the responsibility for cleanup of the petroleum storage tanks' identified in the Phase I Environmental Site Assessment Report dated November 3 , 1993 , by SEACOR, including any associated contaminated soil. 13 . 3 Grantee shall reimburse Grantor for its actual and reasonable moving costs incurred in moving its personal property from the Property to another residence or farm not to exceed the sum of twenty thousand dollars ($20, 000. 00) . Payment under this provision shall be in addition to the purchase price for the property, and shall be handled outside of escrow. Grantor shall , within 60 days of moving from the Property, make written request of Grantee for such reimbursement, providing copies of receipts for all costs which are claimed. Grantee shall have 60 days from receipt of Grantor' s written request to make payment. 13 . 4 From and after the date of execution of this Option Agreement, Grantor shall not cut or remove any timber or tree on the Property having a diameter of 4" D. B.H or larger . 14 . HAZARDOUS MATERIAL; INDEMNIFICATION 14 . 1 As used in this Agreement, including the Lease, the term Hazardous Material means any hazardous or toxic substance, material , or waste, including, but not limited to those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR S172 . 101) , or by the United States Environmental Protection Agency as hazardous substances (40 CFR pt 302) and amendments thereto, petroleum products, or other such substances, materials, and wastes that are or become regulated under any applicable local , state, or federal law. For purposes of this Section 14 , recycled wastewater is not considered Hazardous Material . 14 . 2 Grantor shall indemnify, defend, and hold Grantee harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including without limitation, diminution in value of the Property, damages for the loss or restriction on use or rent of the Property, damages arising from settlement of claims, attorney fees, consultation fees, and expert fees) that arise due to LS\REALPROP\THOMAS-B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 8 of 11 OCT 88 '97 11 113A O'DONNELL, RAMIS P.34 All EXHIBIT )-60F ,11 contamination of the Property during its ownership or occupancy by Grantor by Hazardous Materials as a result of Grantor ' s use or activities or of Grantor' s agents or contractors. This indemnification of Grantor by Grantee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material in the soil or groundwater or under the Property. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement. 15. POSSESSION; RESIDENTIAL AND FARM LEASE Grantee shall be entitled to possession immediately upon closing, subject to Grantor' s lease of the subject property for residential and farm purposes as set forth in the lease attached hereto as Exhibit "B. " 16. NOTICES All notices and communications in connection with this agreement shall be given in writing and shall be transmitted by certified mail, return receipt requested, to the appropriate party at the address first set forth above. Any notice so transmitted shall be deemed effective on the date it is received by certified mail, return receipt requested. Either party may, by written notice, designate a different address for purposes of this agreement. 17 . EFFECT OF AGREEMENT Execution by both Grantor and Grantee of this Agreement will result in a contract which is binding on the parties, their successors and assigns . This Agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This agreement supersedes any and all prior , negotiations, discussions, agreements, and understandings between the parties. This agreement may not be modified or amended except by a written agreement executed by both parties. 18. APPLICABLE LAW; PREVAILING ATTORNEY FEES This agreement shall be construed, applied, and enforced in accordance with the laws of the State of Oregon. In any suit or action brought upon out of this Agreement, and upon approval thereof, the losing party shall pay the prevailing party ' s reasonable attorney fees to be fixed by the trial and appellate courts respectively. ls\REAIPROP\THONaS-B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 9 of 11 OCT aB '97 11:19AM O'DONNELL, RAMIS P.35 • • FxHIBIT, �� 6f � 19. REAL ESTATE COMMISSION Each party agrees to pay any commission or finder ' s fees that may be due on account of this transaction to any broker or finder employed by it and to indemnify the other party against any claims for commissions or fees asserted by any broker claiming by, through, or under the indemnifying party. 20. CONTINUATION OF OBLIGATIONS AND WARRANTIES All obligations, representations, and warranties contained in this agreement will survive closing and the. conveyance of the Property to Grantee. 21. DEFAULT If either party shall fail or refuse to carry out any provision hereof, the other party shall be entitled to such remedy or remedies for breach of contract as may be available under applicable law, including, without limitation, the remedy of specific performance, if such party has fully performed all of its obligations hereunder. Time is of the essence hereof. 22 . SALE SUBJECT TO APPROVAL OF GRANTEE' S BOARD OF DIRECTORS This Option Agreement and Agreement of Purchase and Sale is subject to approval of Grantee' s Board of Directors not later than December 15, 1995 . 23 . REQUIRED STATEMENT; FIRE PROTECTION AND ZONING THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTION STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COURT PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. • 24 . LIRE KIND EXCHANGE Notwithstanding any other provision, at the option of Grantor, if all or part of this transaction qualifies for like-kind exchange treatment under Section 1031 of the IRS of 1986 as amended, the parties agree to cooperate and do all things necessary to cause a tax-free exchange under Section 1031 , including but not limited to the following: LS\REALPROP\THOMAS-B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 10 of 'IS , OCT aB '97 11:19AM O'DONNELL, RAMIS P.36 • • EXHIBIT OF a . Identification and designation of the exchange property by Grantor within the time limits set by the IRC Section 1031; and b. Grantee shall cooperate with Grantor to acquire the property acquired as the exchange property. 25. ACQUISITION BY GRANTEE The parties to this Agreement acknowledge that the subject property has been designated for acquisition by the Grantee for the purpose of expanding Grantee's ability to provide sewer service and related public purposes. The parties acknowledge Grantee has the power to condemn the subject property for the uses proposed by the Grantee. The Washington County Commissioners in their capacity as Grantee' s governing body, have decided to acquire the subject property for its proposed use by the public. Grantor has accepted this Option Agreement and Agreement of Purchase and Sale in recognition of the intention of Grantee, a government agency, to acquire the subject property. UNIFIED SEWERAGE AGENCY of JOHN THOMAS WASHINGTON COUNTY (Grantor) (Grantee) ' By: _ l ,Gaffi, - • -rat Manager Date: i p 2i '27 , Date: A.=='ice rthy '`i `l ' SALLY THOMAS (Grantor) • APPROVED AS TO FORM: SA General ounsel Date: / Q Date: In MO: LS\REALPROP\THOMAS-S.OPT\sb REAL ESTATE DAIRY PURCHASE Page 11 of 11 . OCT 08 '97 11: 19AM O'DONNELL, RAMIS P.37 • • FXHIBIT_:C .4f LIZ • EXHIBIT "A" LEGAL DESCRIPTION Thomas Dairy Property PARCEL I A part of Section 14 , Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as: Beginning at the one-quarter section post between Sections 13 and 14 , said Township and Range; thence North along the section line, 68 3/4 rods to a right-of-way deeded to Oren W. Shaver; thence West 40 rods; thence South 68 3/4 rods; thence East 40 rods to the place of beginning. EXCEPTING THEREFROM that portion described as follows : A portion of that tract of land in Section 14 , Township 2 South, Range 1 West, of the Willamette Meridian, conveyed to the- Willjane Corporation, by Deed as recorded at Page 531 of Volume 285 , Washington County, Oregon Deed Records, and more particularly described as beginning at a point on the East line of said Section at a point which is South 1921 . 1 feet from the Northeast corner of said Section; thence from the point of beginning, West 295 . 2 feet; thence South parallel to the East line of said Section, 295. 2 feet; thence East 295 . 2 feet to a point on the East line of said Section; thence North along the East line of said Section, 295. 2 feet to the place of beginning. FURTHER EXCEPTING THEREFROM that portion described .as follows: BEGINNING at a point on the East line of said Section 14 that is 1921. 1 feet South of the northeast corner of said Section 14 , said point being the Northeast corner of a tract of land conveyed to Unified Sewerage Agency, by Deed recorded April 15, 1977 , in Book 1158, Page 415; thence West following the North line of said Unified Sewerage Agency Tract and the Westerly extension thereof, a distance of 375. 0 feet; thence North parallel within the East line of said Section. 14 , a distance of 242 . 0 feet; thence East parallel within the North line of said Unified Sewerage Agency Tract, a distance of 375 . 0 feet to a point on the East line of said Section 14 ; thence South following the East line of said Section 14 , a distance of 242 . 0 feet to the point of beginning. LS\REALPROP\1MOMAS•B.OPT\sb REAL ESTATE DAIRY PURCHASE Page 1 of 11 OCT 08 '97 11:20AM 0'D0 LL, RAMIS P.38 • • 4110 EXHIBIT O Of JZ PARCEL III A part of that tract of land in Sections 13 and 14 , Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, conveyed to Melville Eastham, et ux, by Deed, recorded in Book 176 , Page 287 , Washington County, Oregon Deed Records, more particularly described as follows : Beginning at the one-quarter corner of the East line of Section 14 , Township 2 South, Range 1 West, of the Willamette Meridian, and running thence West along the North line of the South one-half of said Section 14 , a distance of 1175 . 0 feet to an iron, which iron is the Northeast corner of that tract of land conveyed to Washington County, by Deed, recorded April 9 , 1962, in Book 460, Page 414 , Deed Records of Washington County, Oregon; thence South at right angles to said North line and along said Washington County Tract, 548 . 8 feet to an iron; thence continuing South 75 feet, more or less, to the center of the Tualatin River; thence downstream in the center of said river, 800 feet, more or less, to the North line of the Southeast one- quarter of the Southeast one-quarter of said Section 14 ; thence East along the North line of the Southeast one-quarter of the Southeast one-quarter of said Section 14 , 980 feet, more or less, to the West boundary of the S . P. & S.R.R. right-of-way; thence Northerly along said R.R. boundary, 1330 feet, more or less, to the North line of the Southwest one-quarter of Section 13 , Township 2 South, Range 1 West, of the Willamette Meridian; thence West, 75 feet, more or less, to the place of beginning. NOTE: There is no Parcel II. LS\REALPROP\TKOMAS-B.OPT REAL ESTATE DAIRY PURCHASE — Ex "A" Page 2 of 2 . OCT 08 '97 11:20AM O'DONNELL, RAMIS P.39 • EXHIBIT Of r. � EXHIBIT "B" FARM LEASE This lease is made and executed by and between Mr. John Thomas and Mrs. Sally Thomas, ("Lessee") and Unified Sewerage Agency of Washington County, ("Lessor") . 1 . Dease of Property. Lessor hereby leases to Lessee for farming purposes, the Property as described in Exhibit "A" to the Option Agreement and Agreement of Purchase and Sale (the "Purchase Agreement" ) , attached hereto. 2 . Term: purchase Contingency. The initial term of this lease shall commence upon recording of a deed to the Property from Lessee to L ss , as provided in the Purchase Agreement and shall continue to months from the date of commencement, unless extended or earlier terminated as provided herein. If, under the Purchase Agreement the Grantee fails to exercise the option to purchase, or if the purchase transaction does not close, this Lease shall be void and of no effect. 3 . Early Termination, Extension. 3 . 1 This lease is subject to early termination for default by Lessee, as provided in paragraph 14 . 3 . 2 Lessee may terminate this Lease early by providing thirty (30) days ' written notice of its intent to terminate. 3 . 3 This Lease shall terminate early in the event lessee abandons the property. 3 . 4 Lessee shall be entitled to extend this Lease for a single additional term of one hundred eighty days (180) days. Lessee shall exercise such right by • providing Lessor with thirty (30) days' written notice of its intent to extend the Lease, prior to the expiration of the Lease. • 4 . Payment of Rent. The base rental to be paid by Lessee to Lessor shall be zero dollars. Full consideration for the initial and one extension of this lease is included within the parties ' option Agreement and Agreement of Purchase and Sale regarding the Property. The Lessee shall bear all expenses of raising crops and livestock, and all expenses relating to the residences and the buildings during the term of the lease, including all utilities . Lessee is entitled to participate in crop related government programs such as federal price support, CRP, etc. Lessee will receive funds from participation in such government programs. 1.5\REAIPROP\TMONAS-B.OPTsb REAL ESTATE DAIRY PURCHASE — Ex "S" Page 1 of 4 OCT 08 '97 11:21AM O'DO LL, RAMIS P.40 • EXHIBI1 �iD e? OF 5. o•s vestoc . a d their Pro. cts . Lessor understands that all crops, livestock, and their products are the property of the Lessee. Lessee shall not permit any lien to be imposed upon the Property. 6. Lessor ' s Warr ntv. Lessor warrants that it has the right to lease all of said property and further warrant peaceful possession, use and enjoyment of the property during the term hereof or any extension thereof. / . Seal Property Taxes . Lessee shall pay prior to delinquency all real property taxes, which are or may become a lien upon the Property during the term of the lease. If the lease is terminated in the middle of a tax year, Lessor shall refund to Lessee the prorated amount of taxes paid by Lessee for the remainder of the tax year. 8 . • •�._, •ition of rs _•nment o_ Subleas- . The Lessee may not sublease the property or assign this lease, except upon Lessor ' s prior written consent. 9 . Successor Int_e_rests. The covenants, conditions and terms of this lease shall extend to and be binding upon and inure to the benefit of the heirs, administrators, executors, successors and assigns of the parties hereto. • 10. Use of _Property. The Property subject to this lease shall be used for lawful farming operations and associated residential use, and for no other purpose without Lessor ' s advance written consent. Lessee shall farm said land in a good workmanlike manner and in accord with the practices of good land stewardship. Lessee shall furnish all tools, implements, seeds, labor and other materials and devices necessary for proper farming operations. No hunting will be allowed on the Property. 11 . Compliance with_Law and hazardous Jjaterials. a. The definitions and provisions of Sections 14 . 1 and 14 . 2 of the Option Agreement and Agreement of Purchase and Sale shall apply to this Lease, provided that "Grantor" shall refer to Lessee and "Grantee" shall refer to Lessor. b. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Lessee or Lessee' s agents or contractor results in any contamination of the Property during the lease term, Lessee shall promptly take all actions, at Lessees sole expense, as are necessary to return the Property to the condition existing prior to the release of any such Hazardous Material onto the Property, provided that Lessor 's approval of such action shall first be obtained, and approval shall not be unreasonably withheld, as long as such actions LS\REALPROP\THOMAS-B.OPTsb REAL ESTATE DAIRY PURCHASE — Ex "B" Page 2 of 4 . OCT 08 '97 11:21AM O'DO ELL, RAMIS P.41 • EXHIBIT OF would not potentially have any material adverse, long- term, or short-term effect on the Property. 12 . Insurance Lessee, during the term of this Lease or any extension thereof, shall maintain general liability insurance covering liability for Lessee' s actions upon or arising out of use or possession of the leased premises. The amount of the insurance shall be not less than $500, 000. 00, and Lessee shall cause Lessor to be named as an additional insured. 13 . Burnirla of Stubble. Lessee shall not burn any stubble or crop residues. 14 . Defaul If Lessee defaults in performing any of the provisions of this lease, Lessor shall notify Lessee in writing specifying such default or defaults. If Lessee fails to correct or remedy such specified defaults within 30 days after receiving such written notice, the Lessor may: a. Correct the specified defaults , in which event the cost thereof to the Lessor shall be deemed to be additional rent and shall be immediately due without further notice of default and Lessor may institute necessary proceedings to collect the same. b. Declare this lease terminated in which event the Lessee 's rights under the lease shall terminate and Lessor shall be entitled to re-enter the premises and take possession thereof . 15 . Condition of Premises. Upon expiration of the lease term or earlier termination on account of default, Lessee shall deliver all keys to Lessor and surrender the Property . Lessee shall, at its sole cost and liability, remove from the property, no later than termination of the lease, all of the following: a. Domestic animals. b. Boxes, bags, barrels, and containers of any kind, (except the petroleum storage tanks referred to in Section 13 . 2 of the Option Agreement and Agreement of Purchase and Sale . known by Grantor to contain petroleum, fertilizer, pesticides, paint, solvents, hazardous or regulated substances of any kind. Such removal shall also include the contents of any such containers. c. Trash and refuse of any kind. Not less than seven days prior to termination of the lease, Lessee shall contact Lessor to arrange a walk-through of the Property by Lessor and Lessee, to verify compliance of the Property with this section. If Lessee fails to comply with the requirements of this section, Lessor may arrange for cleanup and charge the cost to Lessee. Such charges may be offset against any LS\REALPROP\THOMAS-8.OPTsb REAL ESTATE DAIRY PURCHASE — Ex "B" Page 3 of 4 OCT 08 '97 11 22A O'DOEILL, RAMIS P.42 •,L • EXHIBIT Cl- sums otherwise due from Grantee to Grantor under the Option Agreement and Agreement of Purchase and Sale. IN WITNESS WHEREOF, the parties have executed this lease on the date set forth opposite each signature. JOHN THOMAS and THE UNIFIED SEWERAGE AGENCY SALLY THOMAS, Lessee OF WASHINGTON COUNTY, Lessor John omas Bill Gaff i, Gen-r = anager Date: Id) �?�`-� iJ Date: Z 1 Gl cl5 APPROVED AS TO FORM: i v� ��� -4 cii/i�(�%��� Sally Thoc. as General Counsel Unified Sewerage Agency Date: 1"5 Date: '6//2. / LS\REALPROP\THOMAS-B.OPTSb REAL ESTATE DAIRY PURCHASE - Ex "9" Page 4 of 4 . OCT 06 '97 11:22AM O'DO LL, RAMIS P 44 OF • EXHIBIT.� .. -. glik- ECEIVE0 WASHINGTON COUNTY, MAY 3 1 1996 Js. ' -r OREGON LINDSAY, HART, NEIL &WEiGLEA May 31, 1996 Robert Palmer, Esq. Fax Fax (503) 226-7697 LINDSAY, HART, NEIL & WEIGLER and U.S. Mail Suite 3400 1300 SW 5th Ave . Portland, OR 97201 • JOHN AND SALLY THOMAS/UNIFIED andGAgreement ofwPurchase Nand Sale Modification to Option Agreement Dear Mr. Palmer : This will confirm our discussions and those of our clients ' with regard to modification of terms in the existing agreement dated November 7, 1995, for purchase and sale of the Thomas ' s' dairy property. It does not appear that modification of the agreement of the same date for the Thomas residence is needed. We have agreed that these modifications will be stated in a letter agreement and signed by both parties; the terms are set out below. Ifvtheyeare acceptable to you and your clients as written, sign the letter and return it to me . I will have a USA' representative sign it and return a copy to you. If you modifications to the form or substance are appropriate, please let me know. Very truly yours, ae(A0114 Loretta S . Skurdahl Sr . Assistant County Counsel MODIFICATIONS TO THE OPTION AGREEMENT AND AGREEMENT. OF PURCHASE AND SALE OF THOMAS DAIRY PROPERTY DATED NOVEMBER 7 , 1995 . 1 . In Paragraph 10 . 1, in the last line, delete "35th" and insert "95th" . • County Counsel Public Services Building, Suite 340 155 North First Avenue Hillsboro, Oregon 97124 Phone: 503/648.8747 FAX: 503/648.8636 OCT 08 '97 11:22AM O'DO LL, RAMIS P.43 • EXHIBIT '01: EXHIBIT "C" • DISCLOSURE SCHEDULE GRANTORS, John Thomas and Sally Thomas, are currently involved -in a products liability lawsuit brought by ' five individuals claiming that they purchased and consumed defective milk from Fred Meyer, Inc. and Thomas Jersey Dairy. The plaintiffs seek damages totalling $14 , 652 .85, as well as punitive damages of $100 , 000 . 00. Grantor ' s insurance carrier, Fireman' s Fund, is defending the suit. • LS\REALPROP\THOMAS-B4OPTsb REAL ESTATE DAIRY PURCHASE — Ex "C" Page 1 of 1 OCT 08 '97 11 23RM O'DOLL, RAMIS ��P.�45�' EXHIBIT_..L Of al Robert Palmer, Esq. May 31, 1996 Page 2 • 2 . In Exhibit "B", Paragraph 2, delete "eighteen" and insert "sixteen. " 3 . In Paragraph 15, add the following: Grantor agrees to grant USA a temporary easement for construction and operation of a recycled wastewater pipeline. Said easement shall commence sixty (60) days after exercise of the option, and shall extend for the duration of Grantors'. leasehold. It shall be located along the east boundary of Parcels I and III, of the usual and customary width utilized for similar construction projects by USA, and shall be at no charge to Grantee . Grantors and Grantee shall negotiate such other terms as may be mutually agreed upon to allow for construction of the project consistent with operation of the dairy. 4 . Except as specifically modified herein, all terms and conditions of the Option Agreement and Agreement of Purchase and Sale of the Thomas Dairy Property, dated November 7, 1995, shall remain in full force and effect. Dated this 5 day of June, 1996. Agreed to: Grantor : Grantee: • Unified Sewerage Agendy Of Washington County, Oregon 1/14 C311--bP• By: ege( 41 - Jo Thomas Title: C i eei?t /4LVi5�1= J a . Apprav©± Rn, to Form Sally TYlmas T; , LSS\LETTER\PALMER. 01sb J4,4) a General Counsel Unified Sewerage Agency t. - or:':. • • I3—WARRANTY DEED(Individual'or CO ST -NM!LAW PUBLISHING CO„PORTLAND,OR.07204 4 WARRANTY Leh 581- DEED .r.,':: `t. a?: ,, w: 9...c.i.;'.:.Cal KNOW ALL MEN BY'THESE PRESENTS, That.J.,,_-.C...:,_BI�YEU_-and:+-RHEA.13:ILYEU '.RYANr':'!',3'04. ,:' ri�7 . r'h• s $ hereinafter called the grantor, for the consideration hereinafter stated, to grantor.paid by-,.HOWARD`'S;. :.GASS';.•.' •`y';• ' ,�r '• -an-d---MARGAR..T--,A.---GASS- husband.--,and wife�•r•;; r- - .'" ;`hereirit3fter called` : ,;, i;.:: the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's••lheirs;:successors:and... l: assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging •ap-''t:,'•' , pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit:: ;•''• ''.`f.;:: ' , As described on attached, Exhibit "A" , headed ,:•,. . a;;` a Description, and by this reference , made a •part hereof. �',;` e-N . t 'e . sa_, <y' . )IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) • r�z To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. , And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances excepting -1 as described in Exhibit "A" , and also excepting any encumbrances arising - by the act or failure to act of any person other than Grantors . . and that grantor will warrant and forever defend the said premises and every part and parcel thereof against,the lawful claims and demands of all persons whomsoever, except those claiming under the above described ericumbran e . The true and actual consideration paid for this transfer, stated in terms of dollars, is $.7.2 v• 0 , suesr,the-actual--consideration--eensists-of-er-includes-ether property-car-of rlue--giverh-er-premised--which-ia- tlte-ovftote considers .indicate-.wtki-The �-� ° The-sentence betsveT•rrtfie-syrxbvfsCtif-nof app#cabfe;should-ba defafed.-Sae•Of•S•93:099:) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this 11 day of 1'4--4-4,-4.c..^e-4ti.., ,1974,4 if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors. .//:‘- A? (If executed by a corporation, affix corporate seal) • / -- - STATE OF OREGO�,..7f.‘:. > STATE OF NEVADA ) s s County of )ss• County of Clark ) .. C 1 19-74 ✓ ' 2/(197L . Personally appeared the above named Personally appeared the above - J. C.: 5ilyeu •--. --• named RHEA BILYEU RYAN and • -Ryer? acknowledged the foregoing , ? ._:::and acknowledged the foregoing instru- : instrument to be her voluntary men"t'to be thefr voluntary act and deed, act air rtitveTtr,"Tn �:;�:::c- ,,'7 •- ` • .4 Befo ee,- C y{, .•, T:�,`�;�% ;,1�•�4�;,� .)'7 t;?. 't e ore me' {k-, 'f'.::•,; '; ; ,i (oPFICIA `�' 4j ;S`'ti t);;j.`.!:' {' SE9L): ;) ; ,, Notarf;Public for Ore n •• .4'° ..\. (o� /, /:-'rte s.� ::�Oi ,My.,'commision expire • f (t.-( T..1 Notary Pub l c for/t`4 evada My Commission Expires : 6/.?,0G ....J... C. B.ILYEU and 'STATE OF OREGON, • .-RHEA...,B.ILYEU....RY AN es, GRANTOR'S NAME AND ADDRESS County of I certify that the within instru- HOWARD.,..S.. GASS and ment was received for record on the _MARGARET A— GASS day of ,19 , at o'clock M., and recorded GRANTEE'S NAME AND ADDRESS SPACE RESERVED After recording return to: FOR in book on page or as ANDERSON, DITTMAN & ANDERSON RECORDER'S USE file/reel number , Attorneys At Law Record of Deeds of said county. 8865 S. W. Center $t, - P...O... Bpi•23046 Witness my hand and seal of A S z. County affixed, R Until a change is requested all tax statements sh ,all be sent to the following address. Recording Officer 4--r)n 0 o By Deputy PAPP ;11.1 Ac ior, . . . • •• ft".• :. .14 . : i, ' . :..! -. .- • . .. - . . . ..., ..d. • , :. .•. . . .. . . . , .••.• . • . ..-•., _.: . .. • •. • • " ,, • ,,. . • . • •,: • •• r•.,!1 -::::•:V:,:'4' ••• ' .. .. . .. . . • .. . , • •• .. . / . .. .•' . . . . . ., . . .. .• . ' . . . ' . " • . • ". .,. . .I, • . f.:.it C.r• 4.! .,,. , , .. .. . . :' . . ' :,:'.• • ' ' • ' ..' • . . ' . . '' ,* . 1' . ,. :. . .. '.. ' • . . . . :, . .. .,. . ' ?'- ,. . . . • .■.,, . ■. ,.%.• '.. ..• . . ' . .. 8885 . - . ' • ' .•:-- • • . • • • . . . . . •. ..;•.•,-,..„;•.:.• ••.• • • . . . • . . - • . . . •. ,..: . •.• •• •. •.• . • Order .No. 326898.• ' .. • • ••,-.L::-.,,, . .. ' . •.• . : . „.. . . . . . , . . . ''''''';'•'' .1 .' - - ..- . • ' . ' ‘. . ' • EXHIBIT "A" •• •••,• * .. ••• - . . • - : .. • • •: . ..„. • ;',' • •• • , . Those certain real premises in Section 14, Township 2 South, . • ... Range ' l West ; Willamette Meridian, . Washington County, Oregon, - . • ' ' ...:. described in contract from John Bilyeu et . ux, to Albert W.• I • Polchow et ux, dated November 1, 1963, . recorded in Book 499, . . - • page 491, , Washington County Deed ReCOrds, EXCEPTING that portion . . . •:•:,;,• ::- - . .....v.:..,H. . thereof described as . .. ,. .,.., :...... : . . , •..,..• . H, ; . . . • . • : , , .. Beginning at a .point on the South line of the Solomon Richardson - . ,:' ,-. •-• Donation Land Claim No. 44 that is 8956' 20" *.West. along .said _ Soutilline a distance of 660.00 feet',from . the'Southwest . corner • :-,.. ' ::::.:. • :: of the East one-half of the said Donation Land Claim; thence - • . - 7,; _ ,. . . South: 89°56 ' 20"- East along said South : line a .distance of 1276.70 •.:'- feet to a point that is North 89°56' 20" West along .said South . ..,:::, .. line-50.00 feet' from the Northwest corner of that certain tract . ' . .. — . _ of land described in Book 127, page 125, Washington County Deed • ._ . ::.. Records ; thence South 0°33 ' 30" West parallel to the West line , . , . of the said certain tract, a distance of. 186. 32 feet to a point ; . • ._ thence South 81°10.1 West a distance - of. 900 feet, more or less, • , . . to the Tualatin River; thence Northwesterly along said river • - . . ::. ::-... , 450 feet, mOre• or less, to a point that •bears :South 0°03 ' 40" -• . West from the point of beginning; thence North 0°03' 40" East . : • . to the point of beginning. ' . . • :i.1 ... - ; . . . .. . . . . . .. . . , . • : . . .. . . ,. . .. . , . . . , .. . . . . . . SUBJECT TO Easements , conditions and restrictions of public ' .i, record; rights of the public in any portion. within roads and . . . ..• highways ; statutory powers and assessments of Unified Sewerage ., . ,..', Agency ; rights of the ' public and governmental bodies in the • • . . Tualatin River; and .the usual printed .exceptions of title • :.;:, policies-- . : . . . . . , . • . .. . • , . . . . . . . . . . ...;,=.• . . . . . . . . . - • - : . , • . . . . .. . . • . '• • • • . , . . . . . . • , . . . . . . . . . . • . , . . . . . . . ..:1 . . . . . . • ' ': . .. . . . . . . . . ... . 1^ . , ; • . . . ,‘,.. '• . , . . . • . . . . . . . . - • .• . . • . • . ' • ,. ' . . . • '. . . . • • :,;, ..:., . . " •0' • . . . . . • e ' f, . .. • • • . „. . • . • •:', . ' '• . / '• • . . . • . ' . . , . . . 0.. . . • ..f-, . . . . . . . , . . . , . • . . • , • . • • . • . • , . . . , • . . •,• .. . ; , • . . • . , . . . . • • . . • . . . . , . . .. . • . . . . . . . . .. . . . • . .. . • STATE OF OREGON } u . . . „ . • . , . . ' • cE 2•••"-:`;-6.1-!. ..ratty of Washington . . . . I, RogerFThomtsen,,Dint4ctor of Records • • • . . . • ' " - '' . . ' and Elections and bi-Officid!ReCorder of Con- • . . • • • . ..- veyances.'forEr said county C16'2We'reby certify . . . .. . . , ;• • • - that the within •instrument/10'e Writing was -- -• -•••- .' -',,,:'. .„:-:• 2'.. received and recorded in book of records -.— . . : . . :. • . . • • • • . . . . , .. :,, . . . . . i — ' .:- .• of said County , , . , • ,. . • •? • • • . . • . . . . . ' •1: ' ' ' : Witness4=,inLY:.fiand,and seal ijfib.reciiy •,...40 \. . ' ' . . . . z;,, ROGER. TtiohASSEN,, Director of --;Records & Eleetions . ..' . E . . . . . . . • . . . . . '0,,,,,.; I. ' . ..■t:4: C , ), —: . . .. . ' . ■s .,':.,.'"-"''' „Harp -.:. ..„ , . fM,No,723—BARGAIN AND SALE DEED. STBVENB•N88S LAW PUB.CO..PORTLAND,ORR. 1967 P: S KNOW ALL MEN BY THESE PRESENTS, That C....H...SLEMONS---aad--MARY..$-....$LEMONST ' husband-_and__wif e_, ' hereinafter called grantor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto • t" THE_.CITY._0E...TICARD.,. -a.municipality.__of.._the-_.S.tate-.of._-Oregon-, . 3Nhereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of Washington , State of Oregon, described as follows, to-wit: n As described on attached Exhibit "A", headed Description, and by this reference, made a part hereof. L. cf.. This Deed is executed and delivered for title clearing purposes only and without other consideration. (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever, r . The true and actual consideration paid for this transfer, stated in terms of dollars, is $ /Led-n. (— 0 - evefr-the-actual seasider-atian-consists.-of_OL-iacludes-other.raoert.x.or_YaIue_gixenanr_prlmised_Yhich-is_- t erake censidsr-atioa- which.).44thich�Q_ In construing this deed the sin ul includes the • ral as the circ stanc-s may require. Witness grantor's hand this ..:y.-... day of ,_. :` , 19-.z4.__-. / .z..7\Z, 1,'#: .i/A-e_.) STATE OFOR,SGON, County of Washington ) ss. ._. - _ _. , 19.-7.4...... „ly appeared the above named C_..._II,.._SLENONS___and__ I RY..-S-.--.SLEMQNS,..husband - Pe`rsCjiial ' dd'wfe, , and1aq nowledged the foregoing instrument to be __.. ___ ..their voluntary act and deed. Before me: , Ci(OFFicru, SEAL). .` otary Public for Oregon C5 f` My commission expires .. ' /9, /7Lc, NOTE—The sentence between the symbols QQ, If not applicable,should be deleted.See ORS 93.030. / j Bargain and Sale Deed STATE OF OREGON ss. County of C...__H,.._SI0FMQNS.._anal--MAItY..S., I certify that the within instru- ment was received for record on the SLEMQNS,..:husband..and..rczife_, day of , 19 , 1O (DON'T USE THIS SPACE; RESERVED at o'clock M., and recorded FOR RECORDING in book on page or as TRE_.CITY_._Qf'._.TZGARD.,...a..muna.- LABEL IN couN• filing fee number Rec- cipality of the State of TIES WHERE , nwsg--nn USED.) ord of Deeds of said County. O AFTER RECORDING RETURN TO Witness my hand and seal of Z County affixed. ANDERSON, DITTMAN & ANDERSON BCOK.,qq , p Attorneys At Law 1�� 'PACc �� Title ) ' 865 S. W. Center St. - P. 0, Box 23006 T__ w • -7 • s . • - ( ) . . , . ".. • T ".■ • ... , , . — ' ' : •'•'', '`...':-.. ;.':...A 41,*;r:r.i; 47.4'4.1;‘41:4,4"%N.,'•^"■- ".7. ,1 7.:'.,;!' * - - ,' •,- -.- : •••• . •••••••• -, •:•,;,'•-14`, Aitt..:"••4$t.,_...,.,-..-- f‘"- ',•,,•••• . • -• ;,.•4 •.; "••••. .,,;•-,,-`- k„ 5'.c..4'.` 4'..44','• .■..,A.?,i4i,„i,,,, • 'l ir"..f'4,4.1.:7,3 • • , , .•• . .., , '.:,..•.i•,-;,.....%::•.',‘1.'2".....••:''4':''01 IAPN:441•Villf-T-7•': " •'-4V:• " .51. ... ":, ..%;;4:.;! 7' • . , • ) ' „....',"'....'),.:'••!,..,'“::;••! ;•• ,,..','.....:1,S*••"""!.''Ittfl:V....te,'':"".':, ."‘i z,'-10':,41 -' ",t t%•';i:' Zili4Ofi',144N.44;;;I::7'!i..: :::::: ::( ).:;. ,.. .,. . .. ... .. . ,, , ,• .,. •. .,: • • 1 , -.....'.', . •,:.-: , . -„, ,•.. .,..,1';.:..;',;,'..-•:..;,1::', ,,:.,,',:,:;:;:!.;;:,t; ..:1;' ,: fRe :31WA'I'd.C.,.%ti,.0:,e'lli.41.04: ' '. '17C .■:04.--.:' '''' ''. . ' . '. ' . . ‘'''' '' . ' . ' ' ' '' '.•'• ''' ''.•-•',•-:.•• ••'••,','•-',1-•,.-•;•,•,':•,. .4),':'..f::',•!:•,..',:',::::tIn,..::,:11•;,.,9,,:e43,i,•,%.1,., 34,,:$,,,,-.tv. ,,,5 ...,,,,:-:•..,..:. • - - '.. . ',..f ', • " : • • • '', :. ":" • • " • .•' -. .r" :1'1.''::'.":•"•., ' ''•;. ""•45''''':•,.'. •3'.2....i;,'''If''V:;•.''.O.'-!ee';14;Vitf*;*VC,*r"%'"'40'4'..0'4,e''' r. ,..:::... .: • ''...7..::... ' .. • • . • „ - • --, • .. : : •.•:••::',"..' • .:- :.•.•1,-.V% )-7•:-4.,..z.' .AriVA-t'ir.1! .4.1..-t is: ,r•!'.....t ..,V.,,,..:si■,:'. ;.!:•'-!:•,.:•.',.• . . . ' . . • . .. ' .:•,*...•. . ;*:. ..•:"'n-.'.:;-*".•.••••.,*;'.,:"..•f:•.,•:-;;..- .-;;.,•.,:...;,fA;:(4',.V.A..ip i .f,t4 4`;:..„'`.;.4.:!A'",t; : '',•:,'•.':'' ;••..• ...,.:,,!:::.::'.•.;';...;:.:::":::.,:‘:.....‘...!:.,;;,•,;:;;..; ,:,,,:;.,i.:4.F,g.:?.',..';',:kfi.,:Viln.a,E4 -7:3';s'4:.;:k..",,i3Vis;-' tr'i.',..:.:-., . . .. ' . . : • ; ..,:;• •• . ; , •.....1.:-.;;;,,.•..;,-,:: ....,...,:,.;.;;;:.'.,■:;.;.,;;,.,••■ ••:,:,,, ,-; ::1p!:,.::W:.',''Z"j;').:t*'.:.:...".1Y,V.':?.:1 • . * ••. r'''''- . . • ,.... . .. . • , •, . , .., ,,, .,.- " • . . . • ' , •• • •. :::• . '''1:'''''... '''.. ,;.' ''' 'A '".1• 11.4:14■,PY:.'. .I's; !!, '' " . • . ' • . .' . , . " •' . •. '.. .•:‘ ' •,.:,":-: ".•!'i,'":..•.■':',i'V. ::,•F'."..M■il.:3XV:e.lie 41:'`..!A:', f"•-;P:,,I.P.i,•fi; , . . .. . . • .. . . . " ' • • ''; .. " . .- ...‘...•'l •:"'f:': :'•'''-':• .!.:".':i'"f :.'.'''''"'';'::::■1:•■•-...P'''''f:".;;'"et'","',,`t...•::":V.':..i.t"::"I't: • • . . . . • . „ . ,.. . . . . " • . • . . • . . . : ' . Order No 326898. .. ...;:.;:. ::::::..:3! . ' . • • . . 984 . • . , . . . . .. . . . .. . .. ,. . ; . • • • . . . . . . . . .. . EXHIBIT "A" ,-- :-- .• -• . ..- .. _ _ ,-.,.. . ..:. . ...., . -. . , .. . --,.. :-.,.1.!... . . . . . . . . , ., : . .. : • • .. • ''';,:.:. . . :-- -, Those certain real premises in Section 14, . Township 2 South, . , .. . . ,.,,.... ''''! • '. Range 1 West , Willamette Meridian, . Washington County, Oregon, . . . -,..: described in contract from John Bilyeu et ux, to Albert W. .• . • Polchow et ux, dated November 1, _1963, recorded in Book 499, page 491, Washington- County • Deed Records, EXCEPTING that portion. . . ..,•••• . . .. thereof described as- follows:• Beginning at a point - on the Soutlfline- of the Solomon Richardson , .. ::-Donation Land Claim No. 44 that is '899.56' 20" :West along said South line a distance of 660.00 feet from the' Southwest corner. ,...'• • • of' the East one-half of the said Donation Land Claim; thence . .. • • ' • South 89°56 ' 20" East along said South line a distance of 1276. 70 • • feet to a point that is North 89°56 ' 20". West ,along said South • . • lin,,, .50.00 feet from the Northwest corner of that certain tract ..,'-.: ' of land described in :Book 127, page 125 , Washington County Deed Records ; thence South 0°33 ' 30" West parallel to the West line • L ..' of the said certain tract , a distance of 106 . 32 feet to a point ; thence South 8.1°10' West a distance of 900 feet , more or less , • to the Tualatin River; thence Northwesterly along said river 7 450 feet, more_or less, to a point that bears South 0°03' 40" 1 .: • W--,st from the point of beginning ; thence North 0°03' 40" East to the point of beginning. .. . 1. : . . . . • • . . • . • . . . . . . . . . . . . • : SU3JECT TO : Easements ; conditions and restrictions of public 2. —cord; rights of the public in any portion within roads and ays ;' statutory powers and assessments of Unified Sewerage • . [ r . .• eny ; vi s c,ht of the public and governmental bodies in the r• . '. Tualatin River ; and the usual printedexceptions• of title • ' ' r L policies . . . , 1,..• . • . . . . . . - • . - • , ,;• • • • ' . •. i, , . " . 1.: • • p . . . . . . . . , . . . . . . . . , . . . . . . . , ' - • • ' , .. . • .. . . . . . . . . . . . . .. , - . ' . • „. .• • • . ' - ' . .. '''''' '.' ' .• - ' :. . . . , , ' . • . . • • . . . . . . . . . . . . • • • .., . , . • . . ._,..,. , . . . . ,. . , .. . ,.:,... . , • . . . . . . • . . • . .. , .• :' , v . • . . . . . .- _ • • . . • - •, -.:". ::--'',;)-..'.',:,,.:,,-.-'i,:-,. :',„'fi'-f..--.:. :..7f--'., •- •:•Y::, ,,::.I--,! : ..):?': . , . _. . . .. . . ...,: :.,..:•:,: , -_,,,,.,,-•,• :-... „: . ,:,:-:-:f -.•:•.;.:--,..r-:,:•,.;:1-•,:•.; •,•..;.-4•••."•-.7/..,•,..-.•:: -A., . . ' . .• • • .. . . . . , . . . .. . . . • . . . • . . . • .,,.• , . . .. • . .. . ' . . ,. •. , • • . , . ... ..„ ' . . , ... . . , .. . . . ' " . ., , 49 : ' ' . : • ' . . . , . BnoyA0.02 pAct852. - - •- • ,- • • - • — • • - —•• - — ,..„- --, --. :,:— . _.. .. . •.,. •,-.. ..-.. ..,.....,, ::„.:: .:....:•,•,.....: ..,. ...:„.„.. ....,..„.......„,,,....,,,,,,.....„,„„:„,,,,,,.. ,v • ,.... .„ . ...• ., ...„,,,,,,,,,,!„,,,,,,,,„„„-„,„,„..„..,..,.,„,,,,.„..,44..:.„,,,,..„. • ;-, • — „ ,. - • •:. . •_ , _ . . _ - ...:. ,, .• , ,•••• _: :,.. -••••, ,,,, . .,,;‘,...5,„:„,,,,.,„,,,,,,4,..g.,„,,, ,,,,,,,.-..,..,..,....,..„,,,,,,... . .. m/sc7 Ooo / l /IA13 1 MIS % o / ?v S 88'30'28" E 660.07' 0 0 ;t 10 r`' In 0 N 88'24'25" W 295.20' N O ro N O to 4 0) N w ►n in ,4 r-) in to M to 6 O z N S 88'24'25" E 295.20' ii in It 7- s & COUNT} S 1980 G w 140 13 7i to 1n r G 2S1 e) 0 z 30.00' T \S S 88'37'41"E /"M_.12 2641.00' 1/4 CORNER TO CENTER OF SECTION 14 Parcel S 88'37'46" E 514.88' 1 S 88'48'39" E l M-13 751.94 M-11 TO M-12 M-11 \1175.00 MS AND SN 26351 3 1/4" ALUMINUM DISK .1 Q Y SHOWN ABOVE DOWN 8" try �,� Q GEODETIC MONUMENT GC 022-005 'n ! }•- „E co m USBT BOOK 3, PAGE 135 LO co ct. W 522.28, ' _ o SOLD LOT LINE NEW LOT LINE 3 cr to o ! w O I \T2--4z „w CO Q” 1512 Parcel 2 to Wp Ko �, II 5 93 p o0!►n AREA = 6.86 ACRES o z°to Z 010 N 10 m r 0� V ! 0 Z '- ~ O N 10 5 0) 0 V Cn W 512•:��� TAB E I z to z l DOCUMENT NO. 96080099 w 9a LINE �, J Lo Z cr Z Cr) Q LINE !ENGTH BEARIN:a AREA 45.63 4---- ACRES en Lam; O� "� , LT 17.85 549°27'18'E C Z Z L2 43.39 S57°14'll'E AREA REMAINING 37.78 +- ACRES '* •Q O i o L3 99.06 S64°07'23"E J� �'' L4 85.39 S84°34'•281E 39��Cri Cn °r-Q� � .C. L5 27.12 N82°45`�_'3'W -10 52863 S --� U) li ., r- 504'33'15,>E o ^� 8 .00w w '07* co Iri d co N- .'�'�' 5O„E r37 °�O < 6 4.31' 4/ o' ,h�,, ro co 00°� 14D4D• '18 E � tri !—VV LO 1-1-I Z 505'12'32"W 2s,• 6� ,hh �`� z 537.97 � . r Z60.93' ..N 7D' 'k.1'57(9s 0('(1/ �� e ' J zo b N05'O4'17"E •'D- F - vi "�' 536 9'23"E - 107.74' (Ni �, CENTE OF TUALATIN R{VOE1R28'27„W-� w,p• N S S Z 9• 53.89' o t'° wo ° S Ate, I 7 279. Q�F. `S� O,w S13'32'50"W .ry t,�`rESS EASEMENT ti� � � gyp\ 0� �' <' 67.13' ` DOCUMENT NO. BURLINGTON NORTHERN •Li•-� ..�---98001400 RAILROAD R/W AS aa► Z �? w 6'. r' � h D�• 521'18'16"W 0 6�a„E 4 "6, s& 66'F N 85.28 SHOWN ON SN 26531 o S13�2 �'• '0,, 6.5 BOGK105 PAGE 445 O : søE. O F 2'10'49"W w >- p .60 --4 N0040'21"E 14.05 FEET I 521 , 4 3 3' F >> 6'� OF THE INITIAL POINT. - a- o 11 51 E 64? �6'. �'�� 514 27 51 W INITIAL SEE NOTE 1 M 6� 3 23.48___ S88'39 13 E 86.91'---�-- S88 39 13 E M-4 S88'39 13 E 58839'13"E � �� 151 36,. � " POINT � �� \ �' 369.66' 1071.10' 637.70' 339.37' N M-5 340 DEED 105-445 to N NIGH WA MAR 344.7 DOCUMENT NO CENTER OF TUALATIN RIVER 91065110 CENTER OF TUALATIN RIVER as lo- DOCUMENT N0. 91065110 i ( cD N co O O tN r,3 o d., d- rn 0 ,- 4 (!) to 7 O) in l� rn 0 cc7 t- O o,.N REGISTERED w I z PROFESSIONAL o m v) LAND SURVEYOR L OREGON JULY 18, 1980 JOHN 8 4 HADLEY� 1 USBT BOOK 2 PAGE 282 3 1/4" ALUMINUM DISK EXPIRES 6--30-99 USBT BOOK 2 PAGE 285 GEODETIC MONUMENT GC 022-004 I. SHOWN BELOW 10" DOWN 3 1/4” ALUMINUM DISK 4 GEODETIC MONUMENT GC 022-037 �� 588'40'45"E SHOWN BELOW 2643.30' �0 0� COUNT} S SN 26351 2643.21' GOON T C; G , � } S N°��$ 2S� �� io 14 1)13 �p 3 23 23 24 2,9 �,`J�� Gti T9)8 (1- J0 UL TO 0� C-TL: TO 0�S�