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Resolution No. 09-10 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL SOLUTION NO. 09- A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO PURCHASE THE CANTERBURY SURPLUS PROPERTY WHEREAS, the City desires to purchase the real property described in Exhibit A attached hereto (the "Canterbury Surplus Property"),subject to certain terms and conditions;and WHEREAS,S, the Tigard City Council desires to authorize the City to submit a bid to purchase the Canterbury Surplus Property;and WHEREAS, the City was granted a right of first refusal by the owners of the Canterbury Surplus Property in Paragraph 20 of that certain Tenancy In Common Agreement dated June 25,2007;and WHEREAS,in the event any bids for the Canterbury Surplus Property are submitted:which include a purchase price in excess of the purchase price set forth in the City's bid, the City Council authorizes the City to execute its right of first refusal for the Canterbury Surplus Property,and WHEREAS, the City desires to authorize the City Manager to undertake all tasks necessary in connection with completing the purchase of the Canterbury Surplus Property, including, without limittation, accepting and executing a deed and paying the purchase price. NOW,THE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: City is authorized to purchase the Canterbury Surplus Property, subject to the m ni uin terms and conditions set forth below: A. The true and actual consideration for this conveyance shall be not less than$605,000.00. B. City accepts the Canterbury Surplus Property"AS IS"and `WITH ALL FAULTS AND DEFECT'S." C. Sellers make no warranties or representations of any kind, including but not limited to warranties or representations of the condition of the Canterbury Surplus Property. D. This conveyance is made on the condition that the Canterbury Surplus Property shall be used solely for open space,a developed or undeveloped park,or other municipal purpose. The deed conveying the Canterbury Surplus Property shall contain an appropriate restriction. E. The deed conveying the Canterbury Surplus Property shall reserve not less than a fifty- foot (50') by fifty-foot (50D easement for future water system use in the southeast corner of such property;described in Exhibit B attached hereto. F T1-ie conveyance shall be subject to that certain Lease Agreement dated April 10, 1979, between the Tigard Water District, as landlord,, and the Tigard Area Historical and Preservation Association, as tenant. Such lease may be assigned within one year of closing RESOLUTION NO. 09 - Page 1 G. The deed conveying the Canterbury Surplus Property shall reserve a conservation easement, described in Exhibit C attached hereto, such easement to be limited to the sole use and maintenance of the historical John Tigard House and no other purpose, for so long as such lease is in effect. H. The City of Tigard has an existing right of first refusal to purchase the Canterbury Surplus Property. SECTION 2: The City Manager is authorized to submit a bid for the Canterbury Surplus Property in the form attached hereto as Exhibit D,and send the right of first refusal notice attached hereto a Exhibit E. SECTION 3: In the event any bids for the Canterbury Surplus Property are submitted which include a purchase price in excess of the purchase price set forth in the City's bid,the City Manager is authored to execute and submit the City's right of first refusal. SECTICJN 4: The City Manager is authorized to undertake all other tasks necessary in connection with the purchase of the Canterbury Surplus Property, includin& without limitation, accepting and executing a deed substantially in the form attached hereto as Exhibit F and any other ancillary closing documents and paying the purchase price. SECTION 5: This resolution is effective immediately upon passage. PASSED; This day of,-- J LCU 60, 2009. Ww Ma or City of Tigard XITEST: City Recorder-City of tigard Exhibit A—Legal Description of Canterbury Surplus Property Exhibit B—Legal Description of the Future Water System Easement Exhibit C—Legal Description of the Conservation Easement Exhibit D—Bid for Purchase of Canterbury Surplus Property Exhibit E Notice Regarding Right of First Refusal Exhibit F—Bargain and Sale Deed RE,SOLUTION NO. 09 - Page 2 WHNdfic . I April 7, 2008 Exhibit' CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01416'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20,00 FEET EAST OF SAID SECTION LINE-A DISTANCE OF 93.02 FEET;THENCE SOUTH 89450'49" EAST A DISTANCE OF 247.22 FEET, THENCE NORTH 01419'00'EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RE CORDED NOVEMBER 11, 2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE'NUMBER 2005-144029; THENCE NORTH 01'19'00" EAST ALONG THE EAST LIME OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER.2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY L THENCE NORTH 89°37'51'°EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD.AVENUE; THENCE SOUTH 01019'00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE ADISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. 9755 SW Barnes Road,Suite 300 • Portland, OR 97225 - T 503.626.0455 F 503.526.0775 • www.whpacific.com SUBJECT TO A 12..04 FEET EASEMENT ALONG THE SOUTH RIGHT-4F-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED TUNE 29, 2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 2 ,1990 CHARLES L.WILEY �7 SIGNED: "7/ti3tzoob EXP:6/30/2010 WHNhfic APRIL 29, 2008 Exhibit B LEGAL DESCRIPTION WATER FACILITY EASEMENT A TRACT OF LAND BEING LOCATED IN THE BOUT ST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE I WEST OF TIM WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORT1 WEST CORNER OF THE SOLOMAN RICFIARDSON DONATION LAND CLAIM NO.,44 BEING IN SAID SECTION I I, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W.MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE,NORTHWEST ONE QUARTER OF SAID-SECTION I1 BEING ON THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE SOUTH 9°50'49"EAST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCEOF 475.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET NORTH 01019'00" EAST, PARALLEL WITH AND 50.00 FEET WEST OF TIME WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103'AVENUE A DISTANCE OF 50.00 FEET;THENCE SOUTH 89050'49"EAST PARALLEL WITH AND 50.00 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 50.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE; THENCE SOUTH 01°19'00"'WEST ALONG THE WEST RICHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST M URDOCK STREET; THENCE NORTH 89°50'49"WEST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST MURDOCK STREET-A DISTANCE OF 50:00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2,501 SQ.FT.,0.06 ACRES MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NUMBER 25,817. REGISTERED PROFESSIONAL LAND SURVEYOR 4 OREGO( JULY 25,1994 CHARLES L,WILEY 247 SIGNED: 7115 p-ooee EXP;6/30/2010 9755 5W Barnes Road,'Suite 300 - Portland, 01197225 T503,626.0455 F503.526.0775 . www.whpacific.com WHpadfit APRIL 29, 2008 [:�Ex LEGAL DESCRIPTION CONSERVATION EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTI4ST ONE QUARTER:OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED NOVEMBER 11,2005 AS FEE NUMBER 2005-144209, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST CANTERBURY LANE; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89037'51"EAST ALONG SOUTH RIGHT-OF'WAYLINE'OF SOUTHWEST CANTERBURY LANE 141.49 FEET TO THE WEST RIGHT-OF- WAY LINE OF SOUTHWEST 103RD AVENUE;THENCE SOUTH 01°19'00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE 107.83 FEET; THENCE SOUTH 89'37'51"WEST LEAVING THE SAID WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE 141.49 FEET TO THE EAST LINE OF SAID FEE NUMBER 2005-144249; THENCE NORTH 0I°19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144209107.83 FEET TO THE TRUE POINT OF BE, IN ,CONTAINING 15,250 SQ.FT., 0.35 ACRES MORE OR LESS. SUBJECT TO A 12.00 FOOT EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007-072292 RECORDED JUKE 29,2007 WASHINGTON COUNTY RECORDS. THE BASIS OF BEARINGS FOR I 'DESCR:IP'TION"IS"WASHIN-G'TON COUNTY" SURVEY NUMBER 28,817. REGISTERED PROFESSIONAL LANG SURVEYOR 9 OREGON JULY25.1990 CHARLES'L.WILEY` 2474 SIGNED: 71i5 f zoof� ,, EXP: 6/30/2010 9755 SW Barnes Road, Suite 300 Portland,OR 97225 : 7 503.626.0455 F 503.526.0775 www.whpacific.com Exhibit D BID FOR PURCHASE OF CANTERBURY SURPLUS PROPERTY The City of Tigard (hereinafter"Tigard") below hereby offers to purchase the real property known as the Canterbury Surplus Property, subject to the terms and conditions set forth below. The said Canterbury Surplus Property is more particularly described as follows: See Attached Exhibit A The Bid for the Canterbury Surplus Property is an amount not to exceed: Six Hundred and Five Thousand Dollars ($605,000.00). Tigard is in receipt of and acknowledges that this bid is subject to the following minimum terms and conditions: 9. The true and actual consideration for this conveyance shall be not less than $605,000.00. Payment for the property would be made in five annual installments,the first payment be will be made no later than June 30,2009,the remaining payments being due no later than June 30 each year thereafter; Interest shall accrue on the unpaid principal balance from the date the deed is recorded until paid. Interest shall accrue at the same rate as the Local Government Investment Pool, which can be found at htto:l/www.ost.state.or.uslDivisionsfFinance/laip10STFRateChanaes,htm. 2. City accepts the Canterbury Surplus Property"AS IS"and "WITH ALL FAULT'S AND DEFECTS." 3. Sellers make no warranties or representations of any kind, including but not limited to warranties or representations of the condition of the Canterbury Surplus Property. 4. This conveyance is made on the condition that the Canterbury Surplus Property shall be used solely for open space,a developed or undeveloped park, or other municipal purpose; The deed conveying the Canterbury Surplus Property shall containan appropriate restriction. 5. The deed conveying the Canterbury Surplus Property shall reserve not less than a fifty-foot (50') by fifty-foot (50') easement for future water system use in the southeast corner of such property, as described in Exhibit B of Resolution No. 09- ,the Tigard City Council resolution authorizing the City of Tigard to purchase the Canterbury Surplus Property. 1-BID FORM 6. The conveyance shall be subject to that certain Lease Agreement dated April 10, 1979, between the Tigard Water District, as landlord, and the Tigard Area Historical and Preservation Association,as tenant. Such lease may be assigned within one year of closing. 7. The deed conveying the Canterbury Surplus Property shall reserve a conservation easement,as described in Exhibit C of Resolution No.09- , the Tigard City Council resolution authorizing the City of Tigard to purchase the Canterbury Surplus Property, such easement to be limited to the sole use and maintenance of the historical John Tigard House and no ether purpose, for so long as such lease is in effect. 8. The City of Tigard has an existing right of first refusal to purchase the Canterbury Surplus Property. City Manager, authorized by City Council Resolution No. 09- to submit this bid. Dated this day of , 2009. WHNdk Exhibit A April7,2008 CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RIC , RDSON DONATION LAND CLAIM NO.44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF .S.W.MURDOCK STREET,THENCE NORTH 38041'37"EAST 25.57 FEET TO A POINT THAT IS 24.00 FEET EAST OF THE NEST LIME OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON TETE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUIE POINT OF BEG IN+G; THENCE NORTH 01°16'07" EAST LEAVING TEE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET; THENCE SOUTH 89050'49" EAST A DISTANCE OF 247.22 FEET;THENCE NORTH 01°19'00"EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED'NOVEMBER 11, 2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LINE OF SAID FEE DUMBER.2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005-144029;THENCE NORTH 0.1°19'00" EAST ALONG THE EAST LINE OF SAID FEE DUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBED 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE;THENCE NORTH 89°37'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTIERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD.AVENUE; THENCE SOUTH 01013'00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR LESS. 9755 SW Barnes Road,Suite 300 - Portland, OR 97225 • T 503.626.0455 • F 503;525.0775 • www.whpacific.com r SUBJECT TO A 12.00 FEET EASEMENT ALONG TIE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED 1N FEE NUMBER 2007- 072292 RECORDED JUNE 29 2007 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR OREG t CHARLES L. ILEY 24JULY 25,1990 74 SIGNED: -7/143tzoo EXP.6/30/2010 Exhibit E City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 , 2009 Chairperson Intergovernmental Water Board 13125 SW Hall Blvd. Tigard, OR 97223 Re: Notice Regarding Right of First Refusal - Canterbury Tenancy in Common Agreement; Exercise of Right of First Refusal Sir or Madam: The Tenancy in Common Agreement Memorandum, attached hereto as Exhibit A, describes certain real property known as the"Canterbury Surplus Property" and serves as the Intergovernmental Water Board's notice of its decision to sell said property. The City of Tigard is in receipt of this notice and pursuant to Section 20 of the Tenancy in Common Agreement dated June 25,2007, the City of Tigard elects to exercise its right of first refusal for the Canterbury Surplus Property if necessary. Sincerely, CITY OF TIGARD Craig Prosser City Manager Exhibit A—Tenancy In Common Agreement Memorandum 50014-36792,003 Canierbuty WEI?lerterdoc4G1112912009 �Xhibjt A�� TENANCY IN COMMON AGREEMENT MEMORANDUM THIS TENANCY IN COMMON AGREEMENT MEMORANDUM ("Memorandum") is made as of the date of the last signature"below by and among the City of Tigard, City of Durham,City offing City and the Tigard Water District(collectively,the"Owners"). RECITALS A. Owners are parties to that certain Tenancy in Common Agreement dated June 25, 2007 (the"TIC"). Capitalized terms used but not defined herein shall have the meanings as set forth in the TIC. B. Pursuant to the TIC, at least three(3)of the four(4)representative jurisdiction Owners must vote to sell a portion of the Property (the "Canterbury Surplus Property"). The Canterbury Surplus Property is more fully described on Exhibit A attached hereto.. C. The parties wish to memorialize their vote and certain other matters relating to the sale of the Canterbury Surplus Property. APPROVALS 1. Sate of Canterbury Surplus Property. The Owners Have voted, by a majority, to sell Rhe Canterbury Surplus Property subject to City ofT'igard's right of first refusal. The Canterbury Surplus Property may not be sold for less than the appraised value. 2. Notice to City of Tigard. This fully-executed Memorandum shall serve as the notice from the Owners to the City of Tigard of the option to exercise its right of first refusal, as rewired pursuant to the TIC. 3. No Adjustment. As of the date hereof,no adjustment is needed pursuant to the TIC to the ownership percentages in order to reflect any population change or for any other reason. Upon the sale of the Canterbury Surplus Property, the Canterbury Surplus Property shall automatically be released from the TIC. Owners hereby assign any and all leases affecting the Canterbury Surplus Property to the buyer, effective as of the closing of the sale. 4. Remaining Property: For purposes of the TIC,the legal description for the Property fallowing the sale of the Canterbury Surplus Property shall be as set forth in Exhibit B attached hereto. 5. Counterparts. This Memorandum may be executed in counterparts,each of which, when taken together,shall constitute a fully executed original. Page 1 -MEMORANDUM 50014-36792.003 1488OU600"111111200ff ISI WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described maulers. CITY OF TIGARD,an'Oregon municipal CITY OF DURHAM,an Oregon municipal corporation corporation By: Bypa"�" W. C�L� Name:l�,� � �,/.� � �' ��- Dame: (?4 '%LK \,V, CAavZz'LL- Its.. Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: Dated A � CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal se ce distric By: -".".— By: , Name:,/q 'c r GLS/ t Name: Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representativ//0/0 Dated l b Dated: 1, Exhibit A—Canterbury Surplus Property Exhibit B—Remaining Property Page 2-MEMORANDUM 50014-36792.003 148807.docIOXN!!111112008 EXHIBIT A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF T.HE`NORTHWEST ONE QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANCIE I WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE,OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING OLLOWS-CQ ENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44,BEING IN SAID SECTION 11, SAM POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET,THENCE NORTH 38041'37"EAST 2557 FEET TO A `POINT THAT 120.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORT14WEST ONE QUARTER OF SAID SECTION 11, SAM POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK S'T'REET, SAID POINT BEING THE TRUE POINT 0. BEG NG; TLIENCE NORTH 01 Q 16'07" EAST HEAVING THE NORTH RIGHT-OF-WAY L INE OF SAID S.W. MURDOCK STREET PARALLEL WITH AND 20.00 FEET EAST OF SAM SECTION LINE A DISTANCE OF 93.02 FEET;THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 FEET; THENCE NORTH 01.19'00"EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER.11, 2005;THENCE NORTH 89°37'51"EAST ALONG THE SOUT14 LINE OF SAID FEE -UMBER 2005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005.-144029,THENCE NORTH 01'19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2405-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-'144029, SAID NORTHEAST CORNER BEING ON THE SO THRIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE;THENCE NORTH 89°37'51" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD. A'V'ENUE;THENCE SOUTH 01°19100 WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.W. 103 AVENUE A DISTANCE OF 458.64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET;THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAY EINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., 3.06 ACRES MORE OR:LESS. EXHIBIT A SUBJECT TO A 12.00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 'WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25,assn -CFIARI ESL WII_EY 2474• SIGNED: -7ltie j2aoQ EXP:`6/30I2010 r EXHIBIT A SW CANTERBURY'BURY LANE - iS89'37'S1"W4 _ S 89'3751" W- 298,16' _ _ N 89-3751- E 141.49' N89`37°51"E 247.58° _tl$97I�E_136.56_ A _ off ___2 1 z- CONSERVAT10N LOT 6 TIGA I)ViLLI3 HE[GHTS �, � �' EASEMENT 01 c PARCEL w 89,°520 SO. FT N89'37 I511E 136.66 ------------ 2 06 ACRES 1 N 89'37"48" E 247;44' 'f OL0 PROPERTY L1 — — ——— — — — — — — 7RAN PARCEL M LOT 6 TIGARI)VILLi, HEIGHTS zM 48,698 SQ. FT 1.12 ACRESou 4 0 PARCEL 2 r WEST UNE OF 133:309 S0. FT SW 114 OF NW *� r- 3.06 ACRES Y� 114 OF (J� 1 SECRON 11 -- ------ ---- - ---- --- -- - -- -- S69"50'49 E 247:22' g 20' NEW PROPERTY LINE (y 2 LOT 7 TIGARDVLLLE HEIGHTS t fIJTIJRE WA717t �.. EU N89;50'49'W 525.23' -- - -------- NW COR TM 0LC I URDOCK STREET SCALE 0 50 100 200 FEET 1 INCH = 100 FT, 1 DE3Pmm ar- "m an cPc CITY OF TIGARD DRAW 8Y, FEN APPROVED BVI__a_ p tAsr,-mZ 04& PLOt DAIS 4,09.09 PROPERTY LINE ADJUSTMENT DATE 8Y REV RE"MDQ CK'VWV PARCELS 1 2, AND XlGARD rA TRANSFER PARCEL SCALE. PROJECT No DRAwlNc FILE NAME SHEET 1 1.=100' 34,251 34251-SURV-EX00 1 EXHIBIT B CANTERBURY PROPERTY PARCELI. LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN-THE S.O(�T FSI'ONE(QUARTER NORTHWEST-005 QUARTER.OF SECTION 11,TOWNSHIP,2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLO? MAN RICH SON DONATION LAND CLAIM NO. 44, SLING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF—WAY LIME OF S.W. .MURDOCK STREET,THENCE NORTH 38°4137".EAA.ST.25.57 FEET TO A POINT THAT IS 20.00.FEET I�'". ST OF T T LINE' OF THE-SOUTHWEST --. 'ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAUD SECTION 11, BEING ON THE NORTH RIGHT-OF-WAS"LINE OF S.W.MURDOCK STREET; THENCE NORTH 01016'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF SAJOD SECTION LIFE A DISTANCE OF 93.02 FEET TO THE TRUE POINT OF BEG ANG; THENCE CONTINUING NORTH 01016'07"EAST ALONG SAID LINEA DISTANCE OF 195.82 FEET TO THE SOUTH LINE OFA TRACT OF LAND DESCRIBED IN A WARRANTY DEED AS BOOK 276,PAGE+659 RECORDED JULY 31, 1947; THENCE NORTH 89°37'4$"EAST ALONG THE SAND SOUTH LINE OF SAID BOOK.276, PAGE 659 A DISTANCE OF 247.44 FEET TO THE SOUTHEAST CORNER OF SAID BOOK 276, PAGE 659;THENCE SOUTH 01019'00" WEST LEAVING SAID SOUTH LINE OF BOOL.276, PAGE 659 A DISTANCE OF 198,09 FEET; TI IEN E..NGR.TH W'50'49" WEST PARALLEL WITH THE NORTH RIGHT-OF"WAY L 'OF'S: EXHIBITIB PARCEL 11: A.T CT OF f AND BEING LOCATED IN THE SOUTWE T 014E QUARTER-f F NC)I,"rl� ST 114QUARTER OF SECTIC��I'�i 11,TOWN§HIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY,STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN R:ICHARDSON DONATION LAND CLAIM NO. 44 BEING IN SAID SECTION 11, SAII) POINT BEING ON THE CENTERLINE OF-THE RIGHT-OF-WADY.LINE E O S.W.MURDOCK STREET,THENCE NORTH 38041'37"EA. T.2 .57 FEET TO A POINT THAT IS 20.00 FEET --AST OF THE WEST LINE OF TH&SOUTHWEST -y ONE QU TER QF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 01"16'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MUR.DOCK STREET, PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET TO THE TRUE POM OF BEGINNING; THENCE CONTINUING NORTH 01016'07" EAST ALONG SAID LINE A DISTANCE OF 360.82.FEET TO THE,SOUTH RIGHT-OF-WAY LIFE OF S.W. CANTERBURY STREET; THENCE NORTH 9°3751"EAST ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF S.W.CANTERBURY STREET A DISTANCE OF 247.58 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND A DESCRIBED IN FEE NUMBER 20-05.144209 RECORDED NOVEMBER 11, 2005; THENCE SOUTH 01°19'00"WEST LEAVING SAID SOUTH RIGHT=OF-WAY LINE ALONG THE WEST LINE AND ITS SOUTHERLY EXTENSIN OF SAID.FEE. NUMBER 2005-144209 A DISTANCE OF 363-09 DEET; TI-19NE-E-NORTH 89050'49" WEST PARALLEL WITHTIIE NORTH RIGHT-OF-WAY LINE OF S.W. IURIDOCK STREET A-DISTANCE OF 247.22 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 89,520 SQ.FT,-,2.06 ACRES MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR 7ORE N JULY 2S.p CHARLES L:WILEY 2474 SIGNED:`7/1!�J'2pc)K EW:6/30/2010 9755 SYS+Barnes Road,Suite 300 Porttand, OR 97225 • T 503.626.4455 - F 503.526.0775 waaw.whRacific.com IBI T B SW CANTERBURY LANE S89.3 75 _ ,- _ S 89'37`51' W– 298-16' N 69:37'51' E 141.49' _ 24756"-973 t FU TURF ' CONSERVA710N ) LOT :"i 't'C(�Al2C)VCI C..T: IIIsC{rCC'I'S � � 13 `� EASEMENT Ch PARCEL 1 69.520 SQ. FT N89"3751'E 136.66 ------------• 2.06 ACRES 4: N 89;37`48"° E 247.44' cd _ - - — - - - -- � - - - - _._ — — — -- 01-0 PROPER LINET (o tQ TRANSFER PARCEL LOT Ci T'ItATi)V[l:dT: HI±,CC;iC1'S 48,698 S0. FT 1.12 ACRES bj me PARCEL 2 t u-i cd �(8 133,309 SQ. FT � WEST LINE. OF SW 1/4 OF NW J.06 ACRES 114 OFr� o SECTION I I ` '� t �' t S89'50'49E 24Z22* 26' NEW PROPERTY LINE 20 LOT 7 TIGt'RDVILLE HEIGHTS r--- t FUTURE I WATER tE45E�#81T1 N8950'49"W 525.23' , NW CQR -, DI-C #44 SW MURDOCK STREET a I SCALE a Q 50 100 200 N FEET - 1 INCH = 100 FT 7rS7GNE0 ar*... cw CHECHER BY: CFC DRAWN ar. 1EH APPRDVEV ar cW CITY OF TIGARD LASt EDIT. O<'OPLOT'DAW +,09,0 i PROPERTY LINE ADJUSTMENT DATE BY REY REu1310tt CKV AWRPARCELS 1 , 21 AND ro WASHTRANSFER PARCEL caRrcrsar OR SCALE,' PROJECT NO. ORA NG F}LE NAME SHEET 1 1'–loo` 34251 34.251--SURV–E�CO0 Exhibit F AFTER RECORDING RETURN TO: City of Tigard Records Division 13125 SW Hall Blvd. Tigard OR 97223 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 This space is reserved for recorder's use. BARGAIN AND SALE DEED Effective as of , 2009 (the"Effective Date"), KING CITY, an Oregon municipal corporation, CITY OF DURHAM, an Oregon municipal corporation, and TIGARD WATER DISTRICT, an Oregon municipal service district(collectively "Grantors", and each individually a"Grantor"), convey to the CITY OF TIGARD, an Oregon municipal corporation ("Grantee"), 611 of each such Grantor's undivided tenant-in-common interest in the following described real property (the "Property"): See Exhibit A attached hereto and incorporated herein. Grantors and Grantee hereby agree that, as of the date of recording of this Bargain and Sale Deed,the Property shall be released from that certain Tenancy in Common Agreement between Grantors and Grantee dated June 25,2007. This conveyance is made subject to the matters set forth in Exhibit B attached hereto. The true consideration for this conveyance is ($ BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,UNDER ORS 195.300, 195.301 AND 195,305 TO 195,336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY Page 1—BARGAIN AND SALE DEED—Canterbury Surplus Property ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92;010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER QRS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11. CHAPTER 424, OREGON LAWS 2007. [Signature and acknowledgment pages fallow.] Page 2--BARGAIN AND SALE DEED—Canterbury Surplus Property GRANTOR: KING CITY, an Oregon municipal corporation By: Name: Title: STATE OF OREGON )ss. County of } This instrument was acknowledged before me on , 2009, by as of Ding City, an Oregon municipal corporation. NOTARY PUBLIC FOR OREGON My Commission Expires: [Bargain and Sale Deed Signature and Acknowledgement Page] Page 3—BARGAIN AND SALE DEED—Canterbury Surplus Property GRANTOR: CITY OF DURHAM, an Oregon municipal corporation By: Name: Title: STATE OF OREGON ss. County of This instrument was acknowledged before me on ,2049,by as of the City of Durham, an Oregon municipal corporation, NOTARY PUBLIC FOR:OREGON My Commission Expires: [Bargain and Sale Deed Signature and Acknowledgement Page] Page 4—BARGAIN AND SALE DEED—Canterbury Surplus Properly GRANTOR: TIGARD WATER DISTRICT, an Oregon municipal service district By: Name: Title: STATE OF OREGON } )ss. County of This instrument was acknowledged before me on ,2009, by as of the Tigard Water District,an Oregon municipal service district. NOTARY PUBLIC FOR OREGON My Commission Expires: [.Bargain and Sale Deed Signature and Acknowledgement Page] Page 5 —BARGAIN AND SALE DEED—Canterbury Surplus Property ACCEPTED AS OF THE EFFECTIVE DATE. CITY OF TIGARD, an Oregon municipal corporation By: Name Title: STATE OF OREGON ss. County of } This instrument was acknowledged before me on , 2009, by as of the City of Tigard, an Oregon municipal corporation. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 6—BARGAIN AND SALE DEED—Canterbury Surplus Property WHN-tik April 7,2008 7�hibit A CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER.OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE I WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIG WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO.44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF . .W. MURDOC :STREET, THENCE NORTH 041'37"EAST 25.57 FEET TO A POINT THAT IS 2.0.00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE® QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01°16'07"EAST LEAVING THE NORTH RIGHT-OF-WAY LIME OF SAID S.W.MURDO K STREET PARALLEL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93.02 FEET; THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 ET;THENCE NORTH 01'19'00"EAST A DISTANCE OF 239.79 FEET TO THE SOUTHWEST"CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144029 RECORDED NOVEMBER 11, 2005; THENCE NORTH 89°37'51"EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2.005-144029 A DISTANCE OF 136.66 FEET TO THE SOUTHEAST CORNER OF SAID FEE'NUMBER 2005444029, THENCE.NORTH 0.1919700 'EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144029 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144029, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE;THENCE NORTH 89°37'51"EAST ALONG SAID SOUTH RIGHT-OF-WAY LIME OF S.W. CANTERBURY LANE A DISTANCE OF 141.49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S.W. 103 RD.AVENUE; THENCE SOUTH 01°19'00"WEST ALONG THE WEST RIGHT-OF-WAS'"LINE OF S.W. 113 RD.AVENUE A DISTANCE OF 458,64 FEET TO A POINT ON THE NORHT RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 89°50'49 WEST ALONG THE NORTH RIGHT-OF-WAS'LINE OF S.W. MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT.,3.06 ACRES MORE OR LESS. 9755 SW Barnes Road,Suite 300 • Portland, OR 97225 - T 503.626.0455 F 503.526.0775 - wwwwhpacifc.com SUBJECT TO A 12.010 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W. CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 2 ,20}07 WASHINGTON COUNTY RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR "L.WILEY SIGNED: -7/19tzooQ EXP:6/30/2030 EXB[IBIT B RE'SERVATIONS AND ENCUMBRANCES The conveyance of the Property described in this Bargain and Sale Deed shall be subject to the following reservations and encumbrances: 1. The Property shall be used only as open space, a developed or undeveloped park, or other municipal purpose, provided,however, that the matters listed in this Exhibit B are expressly permitted. 2. A fifty-foot(50')by fifty-foot (50') easement located in southeast comer of the Property, and described in Exhibit B-I attached hereto, is hereby reserved for future water system use. 3. That certain Lease Agreement dated April 10, 1979, between the Tigard Water District, as landlord, and the Tigard Area Historical and Preservation Association, as tenant. 4. A conservation easement, as described in Exhibit B-2 attached hereto, is hereby reserved and shall be limited to the sole use and maintenance of the historical John Tigard House and no other purpose, for so long as such lease is in effect. EXHIBIT B 50014-36792003 Canterbury Bargain&Sale DEW.elactG1112912009 wupadk APRIL 29, 2008 Exhibit LEGAL DESCRIPTION �` WATER FACILITY EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWE ST ONE QUARTER.OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIG WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMJ\4ENCING AT THE NORTH-WEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO. 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W.MURDOCK STREET,THENCE NORTH 38°41'37"EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET EAST OF THE WEST LINE OF THE SOUTH-WEST ONE QUARTER OF THENORTi ST ONE QUAR R OF-SAID-SECTION 11 `BEING ON THE NORTH RICHT-OF-WAX LINE OF SOUTHWEST M MOCK STREET; THENCE SOUTH 8 °50'49"EAST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 475.23 FEET TO THE TRUE POINT OF BEG G INCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET NORTH 01°19'00" EAST,PARALLEL WITH AND 50.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE A DISTANCE OF 50.00 FEET; THENCE SOUTH 89050'49"EAST PARALLEL WITH AND 50.00 FEET NORTH OF THE NORTH RIGHT-OF-WAV`LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 50.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVE NCE SOUTH 01°19'00" WEST ALONG THF; WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE NORTH 89°50'49"WEST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST M[1RDOCK.STREETA DISTANCE OF=50;00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2,501 Q.FT., 0.06 ACRES MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NUMBER 28,817. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY25,1990 CHARLES L.WILEY 2474 SIGNED: 7/150.008- EXP: 6/30/2010 9755 SW Barnes Road, Suite 300 Portland,OR 97225 - T 503.626.0455 F 503.526.0775 www.whpacific.com WHPa APRIL 2 , 2008 Exhibit B-2 LEGAL DESCRIPTION CONSERVATION EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER.OF SECTION 11,,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED NOVEMBER 11,2005 AS FEE NUMBER 2005.144209, SAID POINT BEING ON THE SOUTH RIGHT-OF-'WAY LINE OF SOUTHWEST CANTERBURY LANE, SAID POINT ALSO BEING THE TRUE POINT T OF BEGINNING;THENCE .NORTH 89037'51"EASTALONG THE'SO "RIGTTI=OF=WAY LINE`OF SOUTHWEST CANTERBURY LANE 141.49 FEET TO THE WEST RIGHT-017- WAY LINE OF SOUTHWEST 103RD AVE THENCE SOUTH 01.1 '00"WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE 107.83 FEET;THENCE SOUTH 89°3751"WEST LEAVING THE SAID NEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD.AVENUE 141.49 FEET TO THE EAST LINE OF SAID FEE NUMBER 2005-144209; THENCE NORTH 01°19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144209 107.83 FEET TO THE TRUE POINT OF BEGUSiNING, CONTAINING 15,250 SQ.FT., 0.35' ACRES MORE OR LESS. SUBJECT TO A 12.00 FOOT EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWESTCANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007-072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS. THE BASIS OF BEARINGS FOR:TITS"DESCRIPnON-IS'`°WASH NGTON'C',OUNTY: . SURVEY NUMBER 28,817. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25,1990 CHARLES L.WILEY 2474 SIGNED; 7115 EXP: 6/30/2010 9755 SW Barnes Road,Suite 300 - Portland,OR 47225 i 503.626.0455 F 503.526.4775 • www.whpacific.com I