Resolution No. 11-25 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11- Q
A RESOLUTION DECLARING THE "REMNANT TRIANGLE" AS SURPLUS PROPERTY AND
AUTHORIZING THE TRANSFER OF THE SURPLUS PROPERTY TO WILLIAM AND NINA
MATSUMOTO
WHEREAS, the City of Tigard ("City") owns certain real property located in the City and described on the
attached and incorporated Exhibit A;and
WHEREAS, the final realignment of Burnham Street resulted in the "remnant triangle" property ("Property")
adjacent to 8770 Burnham Street;and
WHEREAS, the Property is defined as substandard undeveloped property according to the Tigard Municipal
Code Chapter 3.44.005 paragraph A;and
WHEREAS,the Tigard Municipal Code Chapter 3.44.010 describes the process to dispose of property such as
this;and
WHEREAS,the City has determined that no public purpose would be furthered by City retaining ownership of
the Property;and
WHEREAS, notification of the property transfer was sent to the adjacent property owners within 250 feet of
the surplus property as described by Tigard Municipal Code Chapter 3.44.010;and
WHEREAS, the City desires to convey the Property to William and Nina Matsumoto ("Matsumotos"), for no
monetary consideration, but subject to the reservation of an easement for emergency vehicle purposes
("Easement"), and the Matsumotos desire to accept the conveyance of the Property subject to the said
Easement;and
WHEREAS,the City further desires and the Matsumotos have agreed that the City, as part of the terms of the
conveyance of the Property set forth in the Real Property Conveyance and Driveway Agreement and Escrow
Instructions, attached and incorporated as Exhibit B ("Agreement"), will cooperate and pay for a lot line
consolidation of the Property with adjacent property owned by the Matsumotos;and
WHEREAS, the City has determined that the conveyance of the Property subject to the terms of the
Agreement will further the public interest.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Property is defined as substandard and undeveloped.
SECTION 2: The Property is hereby declared surplus.
SECTION 3: The transfer of the Property, subject to the terms of the Agreement, is declared to be in the
public interest.
RESOLUTION NO. 11- Q`J
Page 1
SECTION 4: The terms of the Property transfer, as set forth in the Agreement, and the form of the
Agreement,are hereby approved,and City Manager is directed to proceed with the transfer
of the Property in accordance with TMC 3.44.010 and to finalize negotiations and execute the
Agreement and deposit same in escrow for closing as required therein.
SECTION 5: The City Manager is authorized to undertake all other tasks and execute all other agreements
and documents necessary to fulfill the terms of the Agreement, including but not limited to
executing Easement documents and a deed.
SECTION 6: This resolution is effective immediately upon passage.
PASSED: This a S — day of 2011.
Mayor-City of Tigard
ATTEST:
LOA L*Lp z5t`leg
City Recorder-City of Tigard
RESOLUTION NO. 11-a 5
Page 2
Exhibit A
EREaTT A,
File 0118-1
29AAMAD-03451
Tigard Walar DlaW
412t12009
Westerly Remnant of Tax Lot 03451
A parcel of land lying In the NEA of Section 2,Township 2 South,Range 1 West,W.M.,
Washington County, Oregon,and being a portion of that property described as Parcel 1 In
that Contract to Tigard Water District recorded as Microfilm Document No.84-25846 of the
Washington County Book of Records;the sold parcel being that portion of said property
described as follows:
Beginning at a point on the south line of said Parcel I,which point bears
South 0009125`East,a distance of 3.74 feet from the most southwesterly-comer of said
Parcel l;thence North 48043'53'East,a distance of 55.23 feet to a point which is 37.50
feet right of Engineer's center Hhe Station 18+67.97 of relocated Burnham Street;thence
northwesterly and parallel with the center 11ne of relocated Burnham Street,on the arc of a
312.50 foot radius non tangent curve right,through a central angle of 0305540",a distance
of 21.24 lost(chord bears North 45013'01"West,a distance of 21.24 feet);thence
continuing parallel with the center line of relocated Burnham Street,North 43018'11'West,
a distance of 37.50 feet to the west line of said Parcel l;thence South 0201674'West,a
distance of 80.08 feet to the most southwesterly comer of sold Parcel I;thence
South 88°0925'East,a distance of 3.74 feet to the Point of BNinning.
The center line of relocated Burnham Street Is described as follows:
Beginning at Englneees canter tine Station 1+00.00,said station being a distance of
1621.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2,
Township 2 South,Range 1 West,W.M.;thence Sotrih'43"18'11'East,a distance of
1749.28 fest;thence along the arc of a 275.00 foot radius curve left,through a central
angle of 62056'27",a distance of 302.09 feet(chord bears South 74044'24"East,a
distance of 287.13 feet);thence North 73'47'22"East,a'distance of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on the Oregon Coordinate System of 1983,north zone.
This parcel contains 1,766 square feet,more or less..
Exul1i1T A
PAA,��
EMMIM-A"
Easterly Romnent of Tax Lot 03461
A pafoel of lend lylny h Iba NEY6 of Section 2,Township 2 South.flange 1 Waal,W.M.
Wad*VbDn ow*,Oregon,and being a portion of that property described as Parcel I h
that CwAmd b Tigard Water District recorded ea Mkro"m Document No.84-25848 of to
WININ plod Counly Book of R000rcW,the said pared being that portion of said property
deaoribed as ftwors:
690nnhg at a Ord on the south Ms of said Parcel 4 which point Daare
South 8tyst,a dislanav of 3.74 feet from tro most aptdhweeterty comer
8'09'26' of MM
parcel 1;thetics North 40.49'69'East a dWjmo of 66.1 liedta a point which is 37.60
W right of Engineer's center Ins station 18+67.97 doil' 11 d IOrmrhsm Sirask thence
southeasterly and parallel with the oanler line of rsloo t d Milburn Street.on the arc of a
312.60 foot radius non tangent otrva left,through a centrad ample of'12'38TV,a Salience
of 68.92 fuel d sold Parcel 1;;plhadbeem nce North 8°061'5,West,aa distance of 95.54(feet loa disImom of 68.75 aID the Po Of south„�
Boglnnlirp.
The center Ino of relocated Burnham street is described as follows:
Beginning at Englneees center fine Station 1+00.00,said station being a distarvas of
1621.39 feet North and 1963.87 feet Weal of the east one-011181 r comer of section 2.
Towrm&dp 2 south,Range 1 West,W.M.;tlhenoo South 43.18'11'East,a distmrm of,
1748.26 feet;trance along the arc of a 275A0 bot rodkx aave left,trough a cw*al
arge of 82'68'27",a distance of 302.0o foot(chord bears South 74.4424'East,a
dhtance of 207.13 fseq;thence North 73.4722'East,a dlaturce of 78.44 feel to 4
Figlnaces center One Station 22+27.81.
Bearings are based on the Oregon Coontinsta System of 1983.north zone.
This parol contains 1,762 square fool,mora a taco.
EMIS'a
PACE
Exhibit B
REAL PROPERTY CONVEYANCE AND DRIVEWAY AGREEMENT
AND
ESCROW INSTRUCTIONS
BETWEEN: City of Tigard, ("City")
a political subdivision of the State of Oregon
AND: William Y. Matsumoto and Nina K. Matsumoto (collectively, "Matsumoto')
DATED: , 2011 ("Effective Date")
RECITALS
A. City owns certain real property located in the city of Tigard,Washington County,
Oregon,which real property is more fully described on Exhibit A attached hereto(the"City
Property").
B. Matsumoto owns certain real property located in the city of Tigard, Washington
County, Oregon, which real property is more fully described on Exhibit B attached hereto(the
"Matsumoto Property").
C. The Matsumoto Property is located on, and has access to, SW Burnham Street.
City currently plans to construct certain improvements to SW Burnham Street, including a new
median. The new median will prevent a left turn onto SW Burnham Street from the Matsumoto
Property. Matsumoto has agreed to narrow its current access to SW Burnham Street(the
"Existing Driveway") and to limit the Existing Driveway to a right-turn exit only, subject to the
completion by City of a new driveway, as set forth more fully below.
D. The new driveway to be constructed by City pursuant to that certain Reciprocal
Easement Agreement for Access(the"REA")dated October 18, 2010, among City, Matsumoto,
and Frontier Communications Northwest Inc. ("Frontier")will be a common driveway for the
use of the Matsumoto Property,the City Property, and the property located adjacent and to the
west of the Matsumoto Property, which is owned by Frontier.
E. At Closing (defined in Section 1.3 below), City will convey the City Property to
Matsumoto and the City Property will be consolidated with the Matsumoto Property.
F. In order to facilitate the common driveway and the Burnham Street
improvements, Matsumoto has previously granted certain easements and a dedication.
AGREEMENT
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged,the parties hereto agree as set forth below.
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ARTICLE 1
DEFINED TERMS
1.1 Business Day. Any day other than a Saturday, Sunday, or legal holiday in the
State of Oregon.
1.2 City Property Deed. The deed which shall be used to convey the City Property
from City to Matsumoto,which shall be a statutory form bargain and sale deed.
1.3 Close; Closing. The process described in Article 7 of this Agreement.
1.4 Closing Date. Closing shall occur within thirty(30)days after the conditions
precedent to Closing are satisfied,including those set forth in Sections 3.1 and 3.2, or such other
date as mutually agreed upon by the parties.
1.5 Escrow Holder. Chicago Title Insurance Company, located at 16100 NW
Cornell Rd., Ste. 110, Beaverton, OR 97006,Attn: Janet Paradis.
1.6 Escrow. The escrow opened by Escrow Holder pursuant to this Agreement.
1.7 Final Approval. The final approval by City of any consolidation or lot line
adjustment application,with any and all appeals being resolved in the applicant's favor, and all
available appeal periods having expired.
ARTICLE 2
OPENING OF ESCROW; CLOSING DOCUMENTS
2.1. Opening of Escrow. On the Effective Date, Matsumoto and City shall open
Escrow by depositing with Escrow Holder a photocopy of this fully executed Agreement for use
as escrow instructions, and Escrow Holder shall execute the Consent of Escrow Holder attached
to this Agreement and deliver a fully executed consent to each of Matsumoto and City. If there is
any inconsistency between the provisions of the Escrow Holder's general conditions and this
Agreement,the provisions of this Agreement shall control.
2.2. Matsumoto's Closing Documents. On or before Closing, Matsumoto shall deliver
(i)the REA Amendment(as defined in Section 3.1)and(ii) all documents and instruments
reasonably requested by Escrow Holder.
2.3. City's Closing Documents. On or before the Closing Date,City shall deliver
(i)the City Property Deed, (ii)the REA Amendment, and(iii) all other documents and
instruments reasonably requested by Escrow Holder. City shall deliver possession of the City
Property to Matsumoto at Closing.
ARTICLE 3
REA AMENDMENT; CONSOLIDATION; EXISTING DRIVEWAY
3.1. REA Amendment. At Closing,the REA shall be amended by Matsumoto,the City,
and Frontier to reserve an access easement in favor of the City for emergency vehicle purposes,
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as if the City had retained the City Property(the"REA Amendment"). The REA Amendment
shall be in the form and as set forth in Exhibit C attached hereto.
3.2. Conveyance of City Property; Consolidation. Within ten(10) days after the
Effective Date,Matsumoto shall apply(the"Consolidation Application") for a lot line
adjustment or consolidation of the City Property into the Matsumoto Property(collectively,the
"Consolidation"). City shall pay all costs associated with the Consolidation Application and
shall cooperate with the submission of such application. If the Consolidation Application does
not receive Final Approval within sixty(60)days after the Effective Date, either party may
terminate this Agreement by written notice to the other within five(5)days thereafter. Provided
Final Approval has been obtained, at Closing City shall convey the City Property to Matsumoto
and Matsumoto and City shall execute and deliver all documents necessary to effect the
Consolidation concurrently with Closing.
3.3. Existing Driveway. Following the Completion of Construction(as defined in
Section 4.3 below), Matsumoto shall use the Existing Driveway as a right-turn exit only. The
provisions of this paragraph shall survive Closing.
ARTICLE 4
CONSTRUCTION OF DRIVEWAY AND PARKING LOT IMPROVEMENTS
4.1. Driveway and Parking Lot Improvements. Following Closing,City shall, at its
sole cost and expense, (i) reconstruct the Existing Driveway located on the Matsumoto Property
to a width of eighteen(18)feet, as shown on sheet C7 of the Burnham Street Plan and Profile
dated May 9,2008 (the"Existing Driveway Area"), and(ii)pave, landscape, and stripe the
parking area(the"Parking Area")on the Matsumoto Property,which shall substantially conform
to the plan attached hereto as Exhibit D. The work described in this Section 4.1 shall be
collectively called the"Improvements".
4.2. Permits. City shall be responsible, at its sole cost and expense, for any and all
permits("Permits")required in connection with the Improvements.
4.3. Construction. Following commencement of construction of the Improvements,
including without limitation any grading or clearing work,City shall complete construction of
the Improvements within twelve(12)months thereafter. Completion of Construction of the
Improvements("Completion of Construction") shall be deemed to have occurred when the
Improvements are suitable to be used for their intended purpose. City shall perform all work
related to the Improvements(i)in a good and workmanlike manner, and(ii)in accordance with
all applicable laws, codes, regulations, restrictions, rules, ordinances, and Permits.
4.4. Mechanic's Liens. City shall not permit any claim, lien, or other encumbrance
arising from activities performed pursuant to this Agreement to accrue against or attach to the
Matsumoto Property. If, however, any such lien does so attach, City shall cause such lien to be
released or bonded within forty-five(45) days after receiving notice thereof.
4.5. Mutual Indemnities. CITY AGREES TO INDEMNIFY AND HOLD
HARMLESS MATSUMOTO FROM ANY AND ALL LIABILITY OR DAMAGES
(INCLUDING REASONABLE ATTORNEYS' FEES)WHICH MATSUMOTO MAY
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SUFFER AS A RESULT OF CLAIMS, DEMANDS, COSTS, LIENS, JUDGMENTS, OR
AWARDS, INCLUDING MECHANIC'S OR MATERIALMAN'S LIENS,AGAINST
MATSUMOTO OR THE MATSUMOTO PROPERTY ARISING OUT OF OR AS A RESULT
OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY IN THE
ACTIVITIES PERFORMED BY IT PURSUANT TO THIS AGREEMENT, OR ANY
BREACH BY CITY OF THE TERMS OF THIS AGREEMENT. MATSUMOTO AGREES TO
INDEMNIFY AND HOLD HARMLESS CITY FROM ANY AND ALL LIABILITY OR
DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES) WHICH CITY MAY
SUFFER AS A RESULT OF CLAIMS, DEMANDS, COSTS, LIENS, JUDGMENTS OR
AWARDS AGAINST CITY OR ITS AGENTS ARISING OUT OF OR AS A RESULT OF
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MATSUMOTO IN THE
ACTIVITIES PERFORMED BY IT PURSUANT TO THIS AGREEMENT, OR ANY
BREACH BY MATSUMOTO OF THE TERMS OF THIS AGREEMENT. The obligations of
City and Matsumoto set forth in this paragraph shall survive any termination of this Agreement.
4.6. Impact Fees. City shall be responsible for all impact fees or system development
charges related to the Improvements.
4.7. Temporary Construction Easement for Improvements. Effective as of the
Closing Date, Matsumoto hereby grants to City, and its successors and assigns, a temporary,
nonexclusive easement over and across the Existing Driveway Area and the Parking Area, for
the sole purpose of constructing the Improvements(the"Construction Easement"). The
Construction Easement shall automatically terminate upon completion of the Burnham Street
improvement project.
4.8. Contingency for Existing Driveway. If Closing does not occur for any reason,
Matsumoto agrees that access to SW Burnham Street from the Matsumoto Property will be
limited to the Existing Driveway, and will be right-in,right-out only.
4.9. Vacation. On or before Closing, City shall, at its sole cost and expense, vacate the
portion of SW Burnham Street that is located one-half of one foot(0.5')behind the sidewalk to
be constructed as a part of the SW Burnham Street improvements. The area to be vacated is
legally described and shown on Exhibit E attached hereto.
4.10. Survival. The provisions of Sections 4.1 through 4.8 above shall survive Closing.
ARTICLE 5
AS-IS,WHERE IS
5.1. Disclaimer of Warranties and Representations; AS-IS,WHERE IS,WITH
ALL FAULTS. The City Property shall be conveyed to, and accepted by, Matsumoto at
Closing in its then-present condition, AS-IS,WHERE IS, WITH ALL FAULTS, and without
any warranty whatsoever, express or implied, except for any warranty of title to be contained in
the City Property Deed. Matsumoto acknowledges that(i)it is acquiring the City Property
AS-IS, WHERE IS, WITH ALL FAULTS; (ii)it will have made or performed any and all tests,
surveys,or other examinations of the City Property as Matsumoto deems necessary prior to
Closing; and(iii) it shall rely solely on its own inspection, examination, and evaluation of the
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City Property in assessing and determining the condition of the City Property. City and City's
agents have not made, are not now making, and specifically hereby disclaim, any and all
warranties and representations of any kind, express or implied,oral or written, with respect to
the City Property. The provisions of this paragraph shall survive Closing.
ARTICLE 6
PRORATED FEES AND COSTS
6.1. Prorations. As of the Closing Date, Escrow Holder shall prorate between the
parties, based on the latest information available to Escrow Holder, all taxes, bonds, and
assessments("Taxes') for the City Property, except as provided in Section 6.2 below. If, after
the Closing, either party receives a bill for any Taxes, the parties agree that the Taxes shall be
prorated between the parties as of the Closing Date,the party receiving the bill for the Taxes
shall notify the other party in writing of the amount of such Taxes, and the party receiving that
notice shall pay its prorated share of such Taxes within thirty(30)days of demand therefore,but
not later than ten(10)days prior to delinquency. The provisions of the prior sentence shall
survive Closing. Each party shall pay its own attorneys' fees incurred in connection with this
Agreement(subject to Section 11.1 below).
6.2. Ad Valorem Taxes. Any taxes or additional penalties that would be due as a result
of removal of the City Property from any tax deferral program shall be charged to and paid by
Matsumoto as though the City Property were removed from such program on the Closing Date.
The provisions of this Section 6.2 shall survive Closing.
6.3. City's Fees and Costs. City shall pay(i)the Escrow Holder's escrow fee, and
(ii)recording fees for the City Property Deed and all other documents recorded at Closing.
ARTICLE 7
CLOSING
7.1. Closing. Escrow Holder shall close Escrow on the Closing Date by(i)recording
the City Property Deed and the REA Amendment, and(ii)delivering funds and documents as
set forth in Article 8 below, if and only if each of the conditions set forth below have been
satisfied:
7.1.1. Funds and Instruments. All funds and instruments required pursuant to
this Agreement have been delivered to Escrow Holder, executed and acknowledged as
applicable.
7.1.2. Satisfaction of Conditions Precedent. Each of the conditions precedent
set forth in the Agreement have been either satisfied or waived.
7.1.3. Liens and Encumbrances. All liens and encumbrances required to be
paid by City have been paid and satisfied at City's sole expense, including without
limitation any deed of trust or mortgage affecting the City Property.
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ARTICLE 8
RECORDATION AND DISTRIBUTION OF FUNDS AND DOCUMENTS
8.1. Recorded Documents. Escrow Holder shall cause the County Recorder of
Washington County, Oregon, to mail the City Property Deed, after recordation,to Matsumoto,
and the REA Amendment, after recordation,to City.
8.2. Conformed Copies. As soon as possible after Closing,Escrow Holder shall
deliver to City and Matsumoto (i) a copy of each recorded document, conformed to show
recording date, (ii) a copy of each non-recorded document received hereunder by Escrow
Holder, and(iii)copies of all documents deposited into Escrow.
ARTICLE 9
DEFAULT AND REMEDIES
9.1. Matsumoto's Default. If Matsumoto breaches this Agreement, which breach
Matsumoto fails to cure within ten(10) days after receipt of written notice thereof from City,
Matsumoto shall be in default under this Agreement. In the event of Matsumoto's default, City
shall be entitled, as City's sole and exclusive remedy,to terminate this Agreement. If Closing
does not occur solely due to Matsumoto's default, Matsumoto shall pay all Escrow cancellation
charges. The provisions of this paragraph shall survive Closing or any termination of this
Agreement.
9.2. City's Default. If City breaches this Agreement, which breach or default City fails
to cure within ten(10)days after receipt of written notice thereof from Matsumoto,then City
shall be in default of this Agreement. In the event of City's default, Matsumoto shall be
entitled, as Matsumoto's sole and exclusive remedy,to terminate this Agreement. If Closing
does not occur solely due to City's default,City shall pay all Escrow cancellation charges. The
provisions of this paragraph shall survive Closing or any termination of this Agreement.
9.3. Other Failure. If this Agreement is terminated in accordance with any provision
herein that authorizes termination other than upon default of a party, then City shall pay the
Escrow cancellation charges. The parties shall immediately sign such instructions and other
instruments as may be necessary to effect the cancellation of the Escrow. Notwithstanding the
foregoing or any other provision in this Agreement,this Section 9.3 shall not be applicable to
any default or termination of this Agreement that is brought about or occasioned by the willful
act,willful failure to act, or intentionally fraudulent representation,warranty, or
misrepresentation of Matsumoto or City.
ARTICLE 10
ASSIGNMENT
Matsumoto may not assign or otherwise transfer any of its rights or obligations under this
Agreement without City's prior written consent.
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ARTICLE 11
GENERAL PROVISIONS
11.1. Attorney Fees. If any action is instituted between City and Matsumoto in
connection with this Agreement,the party prevailing in such action shall be entitled to recover
from the other party all of its costs of action, including,without limitation, attorneys' fees and
costs as fixed by the court therein, at trial or on appeal. In addition, if either party incurs
attorneys' fees or costs in successfully enforcing any rights of indemnification set forth herein,
such attorneys' fees and costs shall be recoverable from the other party hereto.
11.2. Captions. The captions used herein are for convenience only and are not a part of
this Agreement and do not in any way limit or amplify the terms and provisions hereof.
11.3. Construction of Agreement. The agreements contained herein shall not be
construed in favor of or against either party as draftsman of the agreement,but shall be
construed as if both parties prepared this Agreement jointly.
11.4. Counterparts. This Agreement may be executed in counterparts, each of which,
when taken together, shall constitute fully executed originals.
11.5. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof and, except as otherwise provided herein,
all prior and contemporaneous agreements, representations, negotiations, and understandings of
the parties hereto, oral or written, are hereby superseded and merged herein.
11.6. Gender and Number. The use herein of(i)the neuter gender includes the
masculine and the feminine and(ii)the singular number includes the plural,whenever the
context so requires.
11.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Oregon. Venue for any dispute shall be in Washington County, Oregon.
11.8. Modification. No modification,waiver, amendment, discharge, or change of this
Agreement shall be valid unless the same is in writing and signed by City and Matsumoto.
11.9. Notice. Any notice or document to be given pursuant to this Agreement must be
delivered either in person, deposited in the United States mail duly certified or registered,return
receipt requested with postage prepaid,by Federal Express or other similar overnight delivery
service marked for next Business Day delivery, or by facsimile with confirmation,to the parties
listed below. Any party listed below may designate a different address,which shall be
substituted for the one specified below,by written notice to the others.
If to City: City of Tigard
Kim McMillan
13125 SW Hall Blvd
Tigard OR 97223
Fax: (503)624-0752
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with a copy to : Jeff Bennett
Jordan Schrader Ramis PC
Two Centerpointe Dr 6th Fl
Lake Oswego OR 97035
Fax: (503) 598-7373
If to Matsumoto: William and Nina Matsumoto
8770 SW Burnham St
Tigard OR 97223
with a copy to: David Feinauer,Agent
10186 SW Laurel St
Beaverton OR 97005
Fax: (503) 644-2700
11.10. Severability. In the event that any phrase, clause, sentence,paragraph, section,
article, or other portion of this Agreement shall become illegal,null or void, or against public
policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null
or void, or against public policy,the remaining portions of this Agreement shall not be affected
thereby and shall remain in force and effect to the fullest extent permissible by law.
11.11. Successors and Assigns. Subject to limitations expressed elsewhere herein,
each and all of the covenants and conditions of this Agreement shall inure to the benefit of and
shall be binding upon the successors or assigns of the parties hereto. As used in the foregoing,
"successors"shall refer to the parties' interest in the City Property and to the successors to all or
substantially all of their assets and to their successors by merger or consolidation.
11.12. Time of the Essence. Time is of the essence of each and every provision of this
Agreement.
11.13. Legal Representation. Matsumoto acknowledges that this is a legal document
and that Matsumoto has been advised to obtain the advice of legal counsel in connection with its
review and execution of this Agreement. Matsumoto covenants that it will not deny the
enforceability of this Agreement on the basis that Matsumoto elects not to obtain legal counsel
to review and approve this Agreement.
11.14. Waiver. No waiver by Matsumoto or City of a breach of any of the terms,
covenants,or conditions of this Agreement by the other party shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other term, covenant, or
condition herein contained. No waiver of any default by Matsumoto or City hereunder shall be
implied from any omission by the other party to take any action on account of such default if
such default persists or is repeated, and no express waiver shall affect a default other than as
specified in such waiver. The consent or approval by Matsumoto or City to or of any act by the
other party requiring the consent or approval of the first party shall not be deemed to waive or
render unnecessary such party's consent or approval to or of any subsequent similar acts by the
other party.
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11.15. Negation of Agency,Partnership. No provision of this Agreement shall be
construed as making either party an agent or partner of the other party.
11.16. Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS THAT, IN FARM OR FOREST ZONES,MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,
OREGON LAWS 2009. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND
17,CHAPTER 855, OREGON LAWS 2009.
11.17. Extension of Time. If the date for Closing, giving notice, or performing any
other obligation under this Agreement falls on a day that is not a Business Day,then the time
for performance shall be extended to the next Business Day.
11.18. Joint and Several. If any party consists of more than one person or entity,the
liability of each such person or entity signing this Agreement shall be joint and several.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective
Date.
CITY MATSUMOTO
CITY OF TIGARD, a political subdivision of
the State of Oregon William Y. Matsumoto
By:
Name: Nina K. Matsumoto
Title:
Page 9—REAL PROPERTY CONVEYANCE AND DRIVEWAY
AGREEMENT AND ESCROW INSTRUCTIONS 50014-36794.0121tem03 D Attl Resoludon.docrlCI&2112
Exhibit A—City Property
Exhibit B—Matsumoto Property
Exhibit C—REA Amendment
Exhibit D—Parking Area Plan
Exhibit E— Area of SW Burnham Street Vacation
Page 10—REAL PROPERTY CONVEYANCE AND DRIVEWAY
AGREEMENT AND ESCROW INSTRUCTIONS 50014-36794.012Item03 D Att2 Resolution.docxIC/6121/2
CONSENT OF ESCROW HOLDER
The undersigned Escrow Holder hereby agrees to (i) accept the foregoing Agreement,
(ii)be the Escrow Holder under said Agreement, and(iii)be bound by said Agreement in the
performance of its duties as Escrow Holder;provided,however,the undersigned shall have no
obligations,liability or responsibility under this Consent or otherwise unless and until said
Agreement, fully signed by the parties,has been delivered to the undersigned.
Dated: ,2011.
CHICAGO TITLE INSURANCE COMPANY
By:
Name:
Title:
CONSENT OF ESCROW HOLDER
50014-36994.0121tem03 D Att2 Resohuion.docxlG6/21/1
EXHIBIT A
EXHM A
File 01113-1
28-1-02AD-0301
TwM water D1 w
4rn12ooe
Westerly Remnant of Tax Lot 03451
A parcel of land lying In the NEY,of Section 2,Township 2 South,Range 1 West,W.K.
Washington County,Oregon,and being a portion of that properly described as Parcel 1 in
that Contract to Tigard Water District recorded as Microfilm Document No.84-25846 of the
Washington County Book of Records;the said parcel being that portion of said property
described as follows:
Beginning at a point on the south line of said Parcel 1,which point bears
South Q8°08'25'East,a distance of 3.74 feet from the most southwestedy_comer of said
Parcel 1;thence North 48043'53"East,a distance of 55.23 feet to a point which Is 37.50
feet right of Engineer'$center titre Station 18+67.97 of relocated Burnham Street;thence
northwesterly and parallel with the canter Ilne of relocated Burnham Street,on the arc of a
312.50 foot radius non tangent curve right through a central angle of 03063'40',a distance
of 21.24 feet(chord bears North 45013'01"West,a distance bf 21.24 feet);thence
continuing parallel with the center line of relocated Burnham Street,North 4301811"West,
a distance of 37.50 feet to the west line of said Parcel i;thence South 021,16'24"West;a
distance of 80.06 feet to the most southwesterly corner of said Parcel I;thenoe
South 8800925'East,a distance of 3.74 feet to the Point of Beginning.
The cantor line of relocated Burnham Street is described as follows:
BegMrJng at Engineer's center line Station 1+00.00,said station being a distance of
1621.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2,
Township 2 South,Lange 1 West,W.M.;thence South'43116111'East,a distance of
1749.28 feet;thence along the arc of a 275.00 foot radius curve left,through a central
angle of 62056'27",a distance of 302.09 feet(chord bears South 7404424"East,a
distance of 287.13 feet);thence North 73°47'22'East,o'distance of 76.44 feet to
Engineer's center line Station 22+27.61.
Bearings are based on the Oregon Coordinate System of 1983,north zone.
This parcel contains 1,755 square feet,more or less.,
EXHIBIT A
PAGE__LOF2
EXHIBIT A 50014-36794.012Item03_D_Att1_Resolution.doczlG6/IU:
RI[FIIAIT"A" .
Easterly Remnant of Tax lot D346f
A Poroel of land lyhhp to the NES4 of Seaton 2,To m*htp 2 South.flange 1 West W.bi.,
Waehi Von OwiAY,01000M and being a Porion*f that Proporty dowUW as Parod Ito
that Qwhtraoi to Tigard Water DMed recorded so k4cm1m Document No.84-25&18 Of titre
Washington camty Book of Records;this sold pahod beteg that porton of Meld Property
desorlbed as fb§ mw
13egtnnkV at a polyd on the south Me at sold Mroat 4 which POK bears
South 88008'26'East a dkwwo of 3.74 feet trap to most IMOMNreatefly comer Of sold
Parcel i;thetics North 40.43'69"East.a dkhmes of 55:28 toot to a Pokht which 1s 37.50
foot right d Engineer's easter Yr»Stadon 18+87.97 of reiooated Bumham Stre.k thence
souttomorty and Pastel with the center If8trml,on rho arc of a
312.60 tout radlus non tangent curve Left. fi a ed 61*of 12'38'08',a dtstenoe
of sold Parcel'
1;"no*North 88°08"25" est,a distance of 96.54 feat tot he ohord bms South M*2VSW East,a djeWom of 10.75 feet)iD this Of
W10
fglnnlh9•
The carder line of relocated Burnham Street Is deembed as kkm:
Beglnnfa6 at Fthgfrhe»r's canter tine 9tatlon 1+00.00,said station theing a distance of
1521M test North and 1903.87 feat Waal of the esm one-quarter coater of SeWm 2,
Township 2 South.Rarrga t West,W.M.;Boris Soots 430181 V EvA a dishu ea of,
1749.28 feet;thence along the arc of a 276.00 toot mdpm cum let through a central
moo of 82.68'27".a dstancs 0(3M.09 feet(chord beers South 74'44.24 East,a
dMm a of 267.13 feet);thence North 73.47'22'Eset a distance W 76.44 feet to
ft hawa center fns Station 22+27.81. ".
Bearings are based on the Oregon Ooor&nde Syslem of 1983.north zone.
This pamd contains 1.702 equate foot,more or leve,
p mIT A
PAU
EXHIBIT A 50014-36794.01211em03 D Att2_Resolution.docxV612U:
EXHIBIT B
MATSUMOTO PROPERTY
A tract of land situated in the East half of Section 2, Township 2 South, Range 1 West of the
Willamette Meridian,in the City of Tigard,Washington County, Oregon, described as follows:
Beginning at a point North 02°26' East 182.70 feet from the Northwest corner of that tract
described in Deed recorded November 17, 1922 in Deed Book 125,Page 66,Washington County
Deed Records; thence South 88°01' East 105.62 feet to the Southwesterly line of SW Burnham
Road, County Road No. 997; thence South 43°05' East 28.32 feet to an angle in County Road
No. 997 Southerly Right of Way; thence South 88°01' East 74.12 feet along said Southerly right
of way to a point; thence south 02°26' West 159.26 feet to the North line of the South 5.01 acres
as set forth in Book 125, Page 66, Deed Records; thence North 89°00' West 200.00 feet to the
West line as described in Book 125, Page 66; thence North 02°26' East 182.70 feet to the point
of beginning.
EXHIBIT B 50014-36794.0121tem03 D Att2 Resoludon.doexIC/6/21/:
EXHIBIT C
REA AMENDMENT
REA AMENDMENT
Lv3 T c
RECORDING 11FOUESTED of
NND WHEN REcORDIMMAIL TO:
City Hall Records Department,
Uty of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
SEPIA TAX STATEl1KNT8 TO:
City Hall Records Department,
City ofTrgard
13125 SW}tall Blvd
Tigard,OR 97223
AMF,NDMZNT TO RECIPROCAL EASEMENT
AGREEMENT FOR ACCESS
This AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT FOR ACCESS
(this"Atnenft&1 is entamd iM t619_def of 2011 by and mnong City of
Tigard, a pulitical subdivision of the StWx of Oiegrtn ("Con, Frontier Communi==on
Northwest Inc.,a Washington Corporation CTW),awl William mo
Y. Matsumoto and Nim K.
MaWmoto, fiwi,wrly known a9 William YoWo Kim and Nino Vo Kim (collectively,
" to"). Frontier,City and Mutswiwto ate s%nctimec individually referred in herein as a
`rLxty,"or collectively as the`BUILe).
A. 'the Parties entered into that certain Reciprocal Eammut Agreaneat for Amess dated
October 19,:010 and recorded in.the real property records of Washington County,Cfton on
January 7,2011 as doctunont number 2011-002422(thc"RTA").
B. Un the date hereof,City cunveyed that cert-din real pnrpcny located in tate City of Tigard,
('rwnty of Washinglatl,State of thegon and more particularly described and depicted on the
attached VYhfbit"A"(the"Ciiy Properly )to Matsumoto. In cornideratim for ruch
comcyance,Matsumoto and Frontier agree to allow City to retain the easement rights granter}
pursuant to the REA,as if City rd"iticd the City Property.
C. Frontier is the owner of that certain real property larded in the City of Tigwd,County of
Washington,Store of Oregon and more particularly dc,cribed on the attached ExUbit"B"(the
''FLYarltler Pmoctiv").
1). Matsumoto is also the owner of that certain reel property located in tho City of Tigard,
County of Washington State of Oirgon and more particularly described on the attlaobed Bah"
EXHIBIT C Page 1 of 11 50014-36794.0121tem03 D Att2_Resolution.docxlG61211,
"C"(the"Vatsumoto ProThe City Property,tho Fron iw Property,hnd the]Matsumoto
Property are sometimes collafively rc&,ncd to h=is as the"Properties."
1?' The Parties have detetmined that h its in their best intmEnt to albw City to retain the
assement rights granted pursuant to the REA,all on tho terms and conditions more felly set forth
iathis Agreernent
NOW,TEMREFORE,for valuable consideration,the ra eipt sad sufficiency of which arc hereby
edmowledpd,the parties agree as follows
1, Cky Betenfion of Easement Rights. Notwithstanding the oanveymm of the City
prppeAy to Maimtaaoto,City shall retain the easement and access rights granted pursuant to the
RBA,. City shall itleo continue to be responsible for its portion of maihi acance oosts pursuant to
seatim 4 efttba RBA.
2. Continalag Effect. All covenants,agreements,terms and conditions ofthe RFA r=nain
in full force and effect,as modified by this Amendment,as though restatcd in their entirety
herein.
3. Ceaflict Between Terns. lathe event of any eonfliot between the provisions of this
Amendment sed the REA,the provisions of this Amendment shall control.
[signatruns Follow)
EXHIBIT C Page 2 of 11 50014-36794.012Item03 D_Att2 Resolution.docvlC16/11/:
IN NITNFSS WHEREOF,the Pwties have signed end entered into this Amendment as
of the date first above written.
CITY OF TIGARD,
a political subdivision of the State of Oregon
I3v:
Its:
FRONTIER COMMUNICATIONS
NORTHMT INC.,
a Washington emporation
By:
Its:
William Y.Matsumoto
Nion K.Matsumoto
[Natarization Pages Follow] ,
EXHIBIT C Page 3 of 11 50014-36794.0121tem03_D Att2_Resolution.doarlG6/11/:
STATE 4F i
COUNTY OF 1
On before tae,
peamally uppoered ,vatto proved to me m the basis of
satisfactory evidence to be the peasem(s) whose nema(s) Wore subscrilmd to the vrid&
insaumem and acknowledged to me thot he/drAhcy aaecutcd the setae is bidherRbeir
authorized capacity(ics),and that by his/berftbeir signatures)on the instrument the person(s),or
the entity upon behalf of which the persoa(s)acted,executed the first-meat.
WnWMS my hand and official scal.
Notary Public
(Seal)
EXHIBIT C Page 4 of 11 50014-36794.012 ItemO3D Att2_Resolution.docrICl6/21/.
STATE OF 1
COUNTY OF 1
On before me.
pe=Wry appeared , who proved to me on the basis of
satisfa� evidenco to be the person(s) whose nama(s) Ware subscribed to the within
instrument and aamowiedged to me that he/site/they executed the gatnc in hisAxrltheir
iaAharimd capacity(ies�and chat by hislherltheir sigrature(s)an the instruimmt the person(s),or
the entity upon behalf of which the petstm(s)acted,executed the instrument.
VATNESS my hand and official seal.
tracery areae
(SCSI)
EXHIBIT C Page 5 of 11 50014-36794.012Item03 D Att2 Resolution.docxlC6121!
STATE OF )
ss.
COUNTY OF 1
On — before ra% _
persorselly appeared who proved to nx on the basis cd'
satisfactory, evidence to be the person(s) whose name(s) is we subscribed to the within
insttuncnt and acknowledged to me that helshelthey executed the same in hisJheritheir
authorized capacity(ics),and that by hiAeritheir sipature(s)on the lnsuim=t the pcmn(s),vi
the entity upon behalf of which the person(&)acted,executed the iustruiDw.
WITNESS my hand and oftieial seal.
Notary Public
(seal)
EXHIBIT C Page 6 of I I 50014-36994.0121tem03 D Attd Resolution.docxlG612m,
STATE OF— A
cs.
COUNTY OF
On before mo,
personally appeared who pmved to me on the basis of
satisfactory evidence to be the persons) whose name(s) istwe subsctibed to the within
instrument and acknowledged to tna that helshe/ilacy executed the same in his/he Utir
authorized tapacity(iesl and that by his/hm their signature(s)on the instrument the pemn(s),or
U entity upon bohalf of which the person(g)acted,executed the lnrttu mt
MIN my hand and official seal.
Notary Public
(Sear)
EXHIBIT C Page 7 of 11 50014-36794.012Item03_I)An2_Resolution.d=IC161211,
. ERffiBTT A .
Fife 0118-1
28-1-02AD•03461
Tigard Wsler D1sb at
41211 M
Westerly Remnant of Tax Lot 03451
A parcel of land lying In the NEV-of Section 2,Township 2 South,Range 1 West,W.M.,
Washington County, Oregon,and being a portion of that property described as Parcal t in
that Contract to Tigard Water District recorded as Microfilm Document No.84-25846 of the
Washington County Book of Records;the said parcel being that portion of said property
described as follows:
Beginning at a point on the south line of said Parcel I,which point bears
South 08°09'25'East,a distance of 3.74 feat from the most southwestedy.comer of said
Parcel l;thence North 48043'53'East,a distance of 55.23 feet to a point which is 37.50
feet right of Engineer's center lute Station 18+67.97 of relocated Burnham Street;thence
northwesterly and parallel with the center line of relocated Burnham Street,on the arc of a
312.50 foot radius non tangent curve right,through a central angle of 0306640",a distance
of 21.24 feet(chord bears North 45013'01"West,a distance of 21.24 feet);thence
continuing parallel with the center line of relocated Burnham Street,North 43018'11'West,
a distance of 37.50 feet to the west line of said Parcel 1;thence South 02°16'24'West,a
distance of 80.06 feet to the most southwesterly corner of said Parcel I;thonce
South 8B00925"East,a distance of 3.74 feet to the Point of Beginning.
The center line of relocated Bumham Street is described as follows:
Beginning at Engineer's center line Station 1+00.00,said stafton being a distance of -
1621.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2,
Township 2 South,Flange 1 West,W.M.:thence So0*43"1841'East,a distance of
1749.28 feet;thence along the are of a 275.00 foot radius curve lett,through a central
angle of 62056'27",a distance of 302.09 feet(chord bears South 741'44'24"East,a
distance of 287.13 feet);thence North 73"47'22"East,o'distanoe of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on the Oregon Coordinate System of 1983,north zone.
This parcel contains 1,755 square feet,more or less..
' FJ1Nli11T � .
PAGE
EXHIBIT C Page 8 of I I 50014-36794.0121tem03 D Att2 Resolution.do,,106/21/:
STT'-An
Easterly Rsmnent of Tax tot 113461
A parcel of land lying In tha NE%oT Secliort 2,Towr�ahlP 2 South,Range 11IUeat,We
Wsehkhg�n Cau .Oregon,and being a Porlim of that PMPe� u Parcel
I let
that coo ftct to Tigard Water DWM noorded w Mi rdim Document No.8425848 of 00
W"hirooti county Book of Records;the add Pawl bekV that portion of said PMPOrty
denoribed 49 tc6aws
sglnnlrw at a Ord on the south line of add Parcel 4 which Point bears
Uouth 8VDq,2V East a d9alance of 3.74teat from the moat orb same!of said
Paroai 1;thetics North 48.49'59'East a dtatanes at 56:75 feet to a PoWA%vWc h Is 97.60
fast right of EngUeer~a center line SbAlon 18+87.97 of relocated R mham Stoat thence
southsaAad/and parallel with the owjw Iln9 of raloated Burman Street.on the arc of a
312,60 foot radkar non tanpsnt ouria let through a central angle of 12088'08',a dletance
of said Parcel(chord ItinwNNanhhae •o ea'd o 95.$
7fee 10 fast)�the Of r"a
BegintAhg.
The canter Ane of relocated Burnham Street Is deem bed ae foWM:
Beginnbhg at Engbmr%center the Station 1+00.00,said station beklg a distance of
1521.3p feat North and WA7 feet Waal of 1119 east one-quarter comer of SeWOn 24
Towretdp 2
South.I�errge the arc d e 276 00 foot tXue West.W.M4 do"south ryasva left.through a can0110 East a dWarM al
1749.28 feet;Ow"dung
angle of 82.68-0,a distance or 3nog feat(chord bears South 74'4474 East a
dKanoa of 267.13 A**ownce North 73'47'220 Esti a distance of 70.44 fled to y
EmInedes omit Ino Station 22+27.89.
Bearings are based on the Oregon Coordinate fiyslent of 1983,north sore-.
This parcel contalm 1,752 equare feat mor9?r lace.
Emirr A
PAGE
EXHIBIT C Page 9 of I I 50014-36794.0121tem03 D Att2_Resolution.docxV6/11/.
LZGALnliacIt ON
1legianing at a point in the oeterlino of County Reed No.997 and out the West*line of the W.W.Oral=
I)Wadw Land Claim W.39 in Township 2 South,Rap I West,of$ne WMaxna to Meaidian>,in the County
of Washington and State of Oregon,saidbeginning point being the Nafteet corner of Bi RNHAM TRACT,
a duly recorded aubfteon in Washington County.Oregon;madog thence South 44°44'Wed along the
Wesly Lina of the Grahmn Claim 941 A feet to an imn pipe;thence South 63115'Bast 481.9 fent to as iron
pipe',thence SoT&57'07'Bast 349 feet to an Leu pipe 1 uorh in diamekw oo the Somhady line of third contain
8.89 acm'tract of land coweyed to A.R Prierby Decd w desanbed on Page 693 in Bouk229 of Washington
County,Oregon Deed Reoorde;thence North 35*9 Bad 443.3 feet to anion pipeon the But line of thesaid
Prier Tract;9nence North 2°7.6'Baal 476.1 feat to the Northeast oomer of the said PrierTract in the center of
acid CDwW Road No.997;theatre North 43°05'Wed 96.3 fat to the place ofbeginning.
EXCEPTING Tf3)31tHSItOM the following deambed tr ut
Beginning at the point in the cmterb=of County Road No.997 and to the Westerly line of the W.W.Orahm
llaunation Lad Claim No.39,avid recorded w hinita In cold county;ruamn,g thence,South 44'44'West
along the Weaterly lint of said Cirdlnnm Claim 799A feet to the true point of begbmkg;thence continuing
South,W4,V West along the Wed line of said Graharnn Claim,a distance of 169.00 fret to an iron piggy thence
South 63°15'Fast a distance of 481.90 feet to en iron*c;them South 57°07'Bast adWance of 30.9 fed to
ani iron pipe 1 inch in diameter;thence North 34024'Past a ehatmce of 138.00 foot along&e Southeastttly line
of that tract of land conveyed in Vohmne 672,Page 400 Washington County Deed Room*theaw South
71°2631"Weet it distance of 96.47 feet•,tha we Nod,63°I V West a distance of 360.00 Aeat;theme North
029 16'Weal a dieftee of 110.00 fact to the trecpoint of beginning.
AND FURiTM EXCf3 MM T1 OM that portion dedicated for public road purposes by Dedication
noor&d February 11,i964,Boots 506,Page 151.
Pat
EXHIBIT C Page 10 of 11 50014-36794.0127tem03_D Att2 Resolution.docxlC/612U:
EXHIBIT C
LEGAL DESCRIPTION:
A tract of land situated in the East half of Section 2,Township 2 South,Range I West of
the Willamette Meridian,in the City of Tigard,Washington County,Oregon,described as
follows:
Beginning at a point North 02'26'East 182.70 feet from the Northwest comer of that tract
described in Deed recorded November 17, 1922 in Deed Book 125,Page 66,Washington
County Deed Records;thence South 88b1'East 105.62 feet to the Southwesterly line of
SW Burnham Road,County Road No.997;thence South 43°05'East 28.32 feet to an
angle in County Road No.997 Southerly Right of Way;thence South 81?01'East 74.12
feet along said Southerly right of way to a point;thence South 02'26'West159.26 feet to
the North line of the South 5.01 acres as set forth in Book 125,Page 66,Deed Records;
thence North 89000' West 200.00 feet to the West line as described in Book 125,Page 66;
thence North 02'26' East 182.70 feet to the point of beginning.
EXHINr;
PacF_...L.OF.1......
EXHIBIT C Page 1 I of I I 50014-36794.0121tem03_D_Att1_Resodttion.AocxlC/6/11/:
EXHIBIT D
PARKING AREA PLAN
EXHIBIT o
a'
J
BURNHAM STREET
Wile
Driveway .
_o_ ay :
Now Porldn
_fid K aIle
,n. T'i•
MATSUMOTO
6764 SW-BURNHAM ST
2S-1-02DA-00300
Exhibit D SCALE: 1" = 40'
Page I of 1
40 era 0 40
EXHIBIT D 50014-36794.012ltem03 D Att2 Resohttion.docx\C1612112011
EXHIBIT E
AREA OF SW BURNHAM STREET VACATION
MCMIT E
RIGHT-017-WAY
VACATION FOR SW BLMNMM STREET
A tract of land situated in the east one half of Section 2,Township 2 South Range 1 West of the Willamette
Meridian,in the city of Tigard,Washington County,Oregon,Described as follows:
Commencing at the Northwest comet of the tract of land descrihed in Book 125 Page 66 of the Washington
County Deed Records; Thence N 02'14'22"E a distance of 18270 feet to a 5/8"Iron Rod as art in Survey
No.13665 of the Washington County SurveyRecotds; Thence S 88'09'22"E a distance of 105.62 to the
southnrotetly Right-of-Way of County Road 997,SW Burnham Street•,Thence S 43'1 e 11"E,along said
southwesterly Right-of-Way,a distance of 28.32 feet to the angle point in.said southwesterly tight-of-Way and
The True Point of Beginnio f, Thence S 88'09'22"E,along the southerly Right of Way,a distance of
18.84 feet to a point of the southerly tight of way of SW Burnham Street 37.50 fret southedy of the center
lime as shown in Survey No.31307 of the Washington county Survey Records and a point on anon-tangent.
curve to the left; Thence along said curve to the left with a radius of 31250 feet,a central angle of 06'23'
17"(a chord which beats N 65'42'35"W,34.82 feet)and it length of 34.84 feet to a point of the
southwesterly line of County Road 997; Thence S 43'16'11"F,along said southwesterly line,a distance of
18.74 feet to the true point of beginning.
Containing 114 square feet.
Exhibit E
.Page,l oft
EXHIBIT E 50014-36794.01211em03 D Att2 Resolution.doc.Y\C1612112011
i
i
i
1
i
E
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i
i
1 Exhibit E
iPage 2 of 2
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EXHIBIT E 50014-36794.012ltem03 D Att2 Resoludon.dom\C/6I21/2011