Report 3up2cIS_ 000Frc
l 2.5 to y s W ntia.n s-r
Washington County,Oregon 2015-049730
D-E
Stn=13 M LOPEZ 06/24/2015 10:57:40 AM
$80.00 511.00$5.00$5.00$20.00 $101.00
RECORDING COVER SHEET I,Richard Modernicht,Director or Assessment end Taxation and Ex.
ORS 205.234 Officio County clerk for Washingeon county,Oregon,do hereby
cs, ythat the within Instrument of writing was received and
This cover sheet has been prepared by recordedint M boot of records of seid county.
the person presenting the attached Richard Hobemicht,Director of
instrument for recording. Any error in Assessment and Taxation,Ex-Officio
this cover sheet DOES NOT affect the
transaction(s) contained in the instrument
itself.
A. AFTER RECORDING RETURN TO -
required by ORS 205.180(4) &
205.238:
12562 Main Street LLC
2839 SW 2nd Ave
Portland OR 97201
B. TITLE(S) OF THE TRANSAOTIONIS] - re aired by ORS 205.234(1)(a)
Note: "Transaction" means any action required or permitted by law to be recorded,
including, but not limited to, any transfer, encumbrance or release affecting title to or
an interest in real property. Enter descriptive title for the instrument:
Easement, Access/Maintenance, and Agreement
C. DIRECT PARTY / GRANTOR - reauired by ORS 234(1)(b)
12562 Main Street LLC
D. INDIRECT PARTY / GRANTEE - required by ORS 234(1)(b)
Main Street, LLC
I E. For an instrument conveying or F. TRUE AND ACTUAL CONSIDERATION
contracting to convey fee title, the - required by ORS 93.030 for instrument
information required by ORS 93.260: conveying or contracting to convey fee
UNTIL A CHANGE IS REQUESTED, title or any memorandum of such
ALL TAX STATEMENTS SHALL BE instrument:
u
SENT TO THE FOLLOWING
ADDRESS:
n/a $0.00 and other valuable consideration
G. TAX ACCOUNT NUMBER OF THE PROPERTY, IF THE INSTRUMENT CREATES A
LIEN OR OTHER INTEREST THAT COULD BE SUBJECT TO TAX FORECLOSURE -
required by ORS 312.125(4)(b)(B):
n/a
Recording Cover-Generic
RECORDING COVER SHEET
ORS 205.234
This cover sheet has been prepared by
the person presenting the attached
instrument for recording. Any error in
this cover sheet DOES NOT affect the
transaction(s) contained in the instrument
itself.
A. AFTER RECORDING RETURN TO -
required by ORS 205.180(4) &
205.238:
12562 Main Street LLC
2839 SW 2nd Ave
Portland OR 97201
B. TITLE(S) OF THE TRANSACTION(S) - required by ORS 205.234(1)(a)
Note: "Transaction" means any action required or permitted by law to be recorded,
including, but not limited to, any transfer, encumbrance or release affecting title to or
an interest in real property. Enter descriptive title for the instrument:
Easement, Access/Maintenance, and Agreement
C. DIRECT PARTY / GRANTOR - required by ORS 234(1)(1)
12562 Main Street LLC
D. INDIRECT PARTY / GRANTEE - required by ORS 234(1)(b)
Main Street, LLC
g ; E. v F. TRUE AND ACTUAL CONSIDERATION
contracting For an to instrument convey con fee eying titleor, the - required by ORS 93.030 for instrument
information required by ORS 93.260: conveying or contracting to convey fee
UNTIL A CHANGE IS REQUESTED, title or any memorandum of such
ALL TAX STATEMENTS SHALL BE instrument:
SENT TO THE FOLLOWING
ADDRESS:
n/a $0.00 and other valuable consideration
G. TAX ACCOUNT NUMBER OF THE PROPERTY, IF THE INSTRUMENT CREATES A
LIEN OR OTHER INTEREST THAT COULD BE SUBJECT TO TAX FORECLOSURE -
required by ORS 312.125(4)(b)(B):
n/a
Recording Cover-Generic
EASEMENT,ACCESS/MAINTENANCE,AND AGREEMENT
THIS EASEMENT,ACCESS/MAD TENANCE,AND AGREEMENT("Agreement") is
made and entered into on this '2.7-)°iday of yip _ , 2015, by and between 12562 Main Street
LLC,an Oregon limited liability company,as the owner of the 12562 Main Street Property(as defined
below), and Main Street,LLC,an Oregon limited liability company,and Michael Dudunakis,a natural
person,as the owners of the 12564 Main Street Property(as defined below),all collectively referred to as
"the Parties."
RECITALS
WHEREAS, 12562 Main Street LLC is the owner of that certain real property described in
Exhibit A attached hereto and by this reference incorporated herein(the"12562 Main Street
Property"); and
WHEREAS,Main Street,LLC and Michael Dudunakis are the owners of that certain real
described in Exhibit B attached hereto and by this reference incorporated herein(the"12564 Main Street
Property"); and
WHEREAS, 12562 Main Street LLC leases a portion of the 12562 Main Street Property
to Pacific Community Design, Inc. (the"Tenant");and
WHEREAS, Main Street, LLC and Michael Dudunakis lease the 12564 Main Street Property to
the Tenant; and
WHEREAS, the Tenant, with the permission of 12562 Main Street LLC; Main Street,LLC; and
Michael Dudunakis, desires to connect the buildings on the 12562 Main Street Property and the 12564
Main Street Property by constructing a"Bypass"to consist of an access bridge between floors of each
building and a new wall opening with a self-closing door controlled by fire/smoke detectors on each side
of the opening; and
WHEREAS, in connection with the construction of the Bypass there will be installed on the
12564 Main Street Property a fire door and related actuating devices as shown on Exhibit C attached
hereto and by this reference incorporated herein(collectively the"Fire Door"); and
WHEREAS,Oregon Structural Specialty Code Section 705.8 provides that openings in exterior
walls located less than three feet from a property line are not permitted; and
WHEREAS, the Parties have agreed to provide reciprocal easements for the construction,
maintenance,repair,reconstruction,and replacement of the Bypass and Fire Door. The purpose of the
easement will be to provide for an alternative method of design which effectuates the fire prevention and
life safety provisions of Oregon Structural Specialty Code Section 705.8.
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PAGE 1 OF 11 - EASEMENT, ACCESS/MAINTENANCE,AND AGREEMENT
AGREEMENT
NOW,THEREFORE, in consideration of the mutual promises contained herein, it is agreed as
follows:
1. Grant of Cross Easement
(a) This agreement allows the Parties to construct and maintain openings through
exterior walls as an alternative to the Oregon Structural Specialty Code Section 705.8,which provides
that openings in exterior walls located less than three(3) feet from a property line are not permitted.The
Parties shall comply with Oregon Structural Specialty Code Section 706.1.1,which governs party walls
located on lot lines used for joint service between two buildings. 12562 Main Street LLC,Main Street,
LLC,and Michael Dudunakis agree that the City of Tigard is an intended third-party beneficiary of this
Agreement.
(b) 12562 Main Street LLC,as the owner of the 12562 Main Street Property,and
Main Street, LLC/Michael Dudunakis,as the owners of the 12564 Main Street Property, hereby grant to
each other reciprocal cross easements,at the locations set forth in Exhibit C, attached and incorporated
herein, for the construction,maintenance,repair,reconstruction,and replacement of the Bypass and Fire
Door,and further grant reciprocal cross easements to each other, the Tenant,and invitees for ingress and
egress and traversing through the Bypass between the 12562 Main Street Property and the 12564 Main
Street Property.
(c) The agreements contained herein touch and concern,and relate to the use of the
12562 Main Street Property and the 12564 Main Street Property and are intended by the Parties to be
covenants and restrictions running with the land. This document shall therefore be recorded in
Washington County,Oregon,to serve as notice to any future owners or occupants of the respective real
properties that the permission herein granted by the City of Tigard is subject to all the terms of this
agreement.
2. Maintenance
(a) The Bypass and Fire Door shall be maintained in a good and safe condition and
shall be at all times in compliance with the building, fire, and other applicable codes of the City of Tigard
and other applicable governmental entities,including the State of Oregon.
(b) 12562 Main Street LLC shall be responsible for all maintenance of the Fire Door
on the 12562 Main Street Property. If 12562 Main Street LLC is in default in its obligation to properly
maintain said Fire Door,Main Street, LLC/Michael Dudunakis may exercise their rights and remedies as
set forth herein.
(c) 12562 Main Street LLC shall be responsible for all maintenance of the Bypass. If
12562 Main Street LLC is in default in its obligation to properly maintain said Bypass,Main Street,
LLC/Michael Dudunakis may exercise their rights and remedies as set forth herein. 12562 Main Street
LLC,as the owner of the 12562 Main Street Property,shall pay for one-half(1/2)of the costs of such
maintenance. Main Street,LLC and Michael Dudunakis, as the owners of the 12564 Main Street
Property, shall also pay for one-half(1/2)of the costs of such maintenance.
PAGE 2 OF I I - EASEMENT, ACCESS/MAINTENANCE, AND AGREEMENT
3. Termination
Immediately following lease termination, expiration,or abandonment of the Tenant's
tenancies(whether voluntary or involuntary)with respect to either or both the 12562 Main Street Property
or the 12564 Main Street Property, 12562 Main Street LLC shall:
(a) Notify the City of Tigard Building Official of said event; and,
(b) Restore the fire walls on both Properties to their original fire ratings pursuant to
applicable City permits and approved City inspections. 12562 Main Street LLC,as the owner of the
12562 Main Street Property,shall pay for one-half(1/2)of the costs of restoring such fire walls and
closing the Bypass. Main Street,LLC and Michael Dudunakis, as the owners of the 12564 Main Street
Property, shall also pay for one-half(1/2)of the costs of restoring such fire walls and closing the Bypass.
4. Insurance and Indemnity
(a) 12562 Main Street LLC,as the owner of the 12562 Main Street Property,and
Main Street,LLC/Michael Dudunakis,as the owners of the 12564 Main Street Property, shall indemnify,
defend, and hold harmless,the City of Tigard, its officers,agents,and employees against all claims,
demands, actions,and suits, including attorney's fees and costs brought against any of them arising out of
the terms of this Agreement or resulting from construction,maintenance, or use of the easements
identified in this Agreement.
(b) 12562 Main Street LLC,as the owner of the 12562 Main Street Property, and
Main Street,LLC/Michael Dudunakis,as the owners of the 12564 Main Street Property, shall indemnify,
defend, and hold the other harmless from and against any and all claims, expenses, liabilities,loss,
damage,and costs, including any actions or proceedings in connection herewith and including reasonable
attorneys' fees, incurred in connection with,arising from, due to,or as a result of,the death of or any
accident, injury, loss, or damage,howsoever caused,to any person or loss of or damage to the property of
any person,arising out of this Agreement on their respective properties,except claims resulting from the
negligence or willful act or omission of the other party.
(c) Liability Insurance.Each party shall obtain and maintain commercial general
liability insurance for a combined bodily injury and property damage limit of liability of not less than
$1,000,000.00 for each occurrence. All insurance policies required by this paragraph 4(c)shall afford
coverage for all claims based on acts,omissions, injury, and damage, which claims occurred or arose(or
the onset of which occurred or arose)in whole or in part during the policy period.All insurance policies
required to be carried under this paragraph 4(c)shall be written by companies rated A-or better in Bests
Insurance Guide and authorized to do business in the State of Oregon and shall name the other party as an
additional insured.A certificate of such insurance in form and substance reasonably acceptable to each
party shall be delivered to the other party. Each party shall continuously maintain such insurance and
deliver renewal certificates to the other party at least thirty(30)days prior to the expiration of such
insurance.
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PAGE 3 OF 11 - EASEMENT, ACCESS/MAINTENANCE, AND AGREEMENT
5. Enforcement
(a) Legal and Equitable Relief. Any party shall have the right to prosecute any
proceedings at law or in equity against any other party,or any other person,violating or attempting to
violate or defaulting in the performance of any of the provisions contained in this Agreement in order to
prevent such person from violating or attempting to violate or defaulting in the performance of any of the
provisions of this Agreement or to recover damages for any such violation or default. It is agreed that
damages would be an inadequate remedy for violation of this Agreement by a party so that injunctive or
other appropriate equitable relief should be available to the other party.The remedies available under this
paragraph 5(a)shall include,by way of illustration,but not limitation,ex parte applications for temporary
restricting orders,preliminary injunctions and permanent injunctions enjoining any such violation or
attempted violation or default,and actions for specific performance of this Agreement.
(b) Right to Perform. If a party is in default in the full, faithful,and punctual
performance of any obligation required hereunder, and(except in the case of an emergency) if at the end
of five(5)days after written notice to the other party, stating with particularity the nature and extent of
such default, the defaulting party has failed to cure such default,or if a diligent effort is not then being
made to cure such default,then the nondefaulting party shall, in addition to all other remedies it may have
at law or in equity,have the right to perform such obligation on behalf of such defaulting party. Any sums
advanced by the nondefaulting party shall be repaid upon demand and if not so paid, shall bear interest at
the rate of two(2)percentage points over the then current prime rate or reference rate of interest as
announced from time to time by Bank of America N.T.& S.A., Main Office, San Francisco,California,
computed annually based on a 360-day year, actual days elapsed,adjusted quarterly, but in no event
greater than the maximum rate permitted by law. Each party hereby grants to each other party a right of
entry over such party's property for the purpose of curing such default.
(c) No Waivers. Failure to enforce any covenant, restriction or other provision of this
Agreement or to seek redress for the breach of or default in performance under any such covenant,
restriction,or other provision shall in no way constitute a waiver of the right to enforce such covenant,
restriction,or provision or seek redress for the breach thereof or constitute a waiver of the right to enforce
any other covenant,restriction,or provision of this Agreement or seek redress for the breach thereof.
(d) Attorneys' Fees and Costs. In any legal or equitable proceeding for the
enforcement of or to restrain the violation of this Agreement,the prevailing party shall be entitled to
reasonable attorney fees, which shall consist of the fees for services rendered by counsel,the fees for
services of experts,and all other expenses incurred in connection with the action,including those
expenses recoverable as allowable costs of suit under the applicable state or federal statute, and those
attorney fees and costs incurred executing upon or appealing any judgment,as well as all other expenses
incurred during the course of the action including any appeal.All remedies provided herein or at law or in
equity shall be cumulative and not exclusive.
(e) Violation. Removal of this Agreement from the subject property without the
continued maintenance of the Bypass and Fire Door is an intentional violation of the Oregon Structural
Specialty Code Section 705.8 and is subject to all available enforcement actions of the City of Tigard.
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PAGE 4 OF 11 - EASEMENT, ACCESS/MAINTENANCE, AND AGREEMENT
6. General Provisions
(a) Estoppel. Within fifteen(15) days after receipt of a written request therefor,any
party shall deliver to a requesting party an estoppel statement stating that this Agreement is in full force
and effect and unmodified(or, if not true,the status thereof), and that the requesting party is not in default
under this Agreement,or if any default is claimed, setting forth the nature of such default.
(b) Duration. This Agreement is perpetual,except for the method of termination
provided in Paragraph 3 above. This Agreement shall burden and benefit the real property described
herein and shall run with the land. The terms of this Agreement shall extend to and be binding upon the
heirs, administrators, executors,transferees,successors,and assigns of the Parties.
(c) Modification and Termination.This Agreement may be modified in whole or in
part or terminated only by a written instrument approved in writing by the City of Tigard Building
Official duly executed and acknowledged by the Parties and recorded in the Official Records of
Washington County,Oregon.
(d) Severability. If any covenant,restriction,or provision contained in this
Agreement shall,to any extent,be invalid or unenforceable, the remainder of this Agreement(or the
application of such covenant,restriction,or provision to persons or circumstances other than those in
respect of which it is invalid or unenforceable)shall not be affected thereby,and each covenant,
restriction, or provision and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
(e) Not a Public Dedication.Nothing contained herein shall be deemed to be a public
easement or the grant of an easement to the general public or for the general public or for any public
purpose whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to
and for the purposes herein expressed.
(f) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
(g) Headings.All headings where used herein are inserted for convenience only and
are not intended to be a part of this Agreement or in any way to define,limit,or describe the scope and
intent of the respective paragraphs to which they refer.
(h) Notices.
(i) "Notice"means any notice,demand, request,or other communication or
document to be provided under this Agreement to a party to this Agreement.
(ii) The Notice shall be in writing and shall be given to the party at its
address set forth below or such other address as the party may later specify for that purpose by Notice to
the other party. Each notice shall, for all purposes,be deemed given and received: (1)If hand delivered to
a party against receipted copy,when the Notice is receipted; (2)If given by delivery on the next business
day by a nationally recognized and reputable overnight delivery service, the day on which the Notice is
actually received by the party;or(3) If given by any other means or if given by certified mail,return
PAGE 5 OF 11 - EASEMENT, ACCESS/MAINTENANCE, AND AGREEMENT
receipt requested,postage prepaid,two business days after it is posted with the United States Postal
Service,at the address of the party specified below:
If to 12562 Main Street LLC: 12562 Main Street LLC
Attn:George and Nicholas Diamond
2839 SW Second Avenue
Portland,OR 97201
If to Main Street,LLC: Main Street,LLC
Attn:George and Nicholas Diamond
2839 SW Second Avenue
Portland,OR 97201
If to Michael Dudunakis: Michael Dudunakis
c/o Real Estate Investment Group
2839 SW Second Avenue
Portland,OR 97201
(iii) The provisions above governing the date on which a Notice is deemed to
have been received by a party to this Agreement shall mean and refer to the date on which a party to this
Agreement,and not its counsel or other recipient to which a copy of the Notice may be sent,is deemed to
have received the Notice.
(iv) If Notice is tendered under the provisions of this Agreement and is
refused by the intended recipient of the Notice,the Notice shall nonetheless be considered to have been
given and shall be effective as of the date provided in this Agreement.The contrary withstanding,any
notice given to either party in a manner other than that provided in this Agreement,that is actually
received by the noticed party,shall be effective with respect to such party on receipt of the Notice.
IN WITNESS WHEREOF,the Parties have executed this Easement,Access/Maintenance and
Agreement the day and year first written above.
12562 MAIN STREET LLC
an Oregon limited liability company
B ,
By: ,
MIC AEL DUDUNAKIS
Its: Nes,
PAGE 6 OF 11 - EASEMENT, ACCESS/MAINTENANCE,AND AGREEMENT
MAIN STREET,LLC
an Oregon limited liability company
By:
Its: Pk-t
STATE OF OREGON )
)ss.
County of ''(YU,L2 ficom(Lk )
I certify that Cif DYE (o i 1,1.151yt cL appeared personally before me and that I know
or have satisfactory evidence tliat s/he signed this instrument,on oath stated that s/he was authorized to
execute the instrument and acknowledged it as a 'P7pht.tlpx , of 12562 Main Street LLC,to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
1
DATED this -J-3 day of JA),14_0_, ,2015.
21 .D (L/1/4___—
OFFICIAL STAMP Notary Public for 0-ieg
C h_.
ALLISON VERVILLE My commission expires: I,trj ay Pa'.�/S
NOTARY PUBUC-OREGON V u `/
N.STATE OF i ION No.924028
COMMISSION RES JANUARY 22.2018
O ffON1 )ss.
County of I i tL4 teyytd )
I certify that Ciec �0t,iyt,-tto( appeared personally before me and that I know
or have satisfactory evidence that's/he signed this instrument,on oath stated that s/he was authorized to
execute the instrument and acknowledged it as a L1Yflth'j,, of Main Street,LLC,to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this 2„�j�day of ,2015.
C/ )v /L
Notary Public for O c rx.,
` 0 STAMP My commission expires: is ?
ALLISON VERVILLE
NOTARY PUBUC•OREGON
® COMMISSION NO.924028
• MY COMMISSION EXPIRES JANUARY22.2015
PAGE 7 OF 11 -EASEMENT,ACCESS/MAINTENANCE,AND AGREEMENT
. ,ft ti cke.t
STATE OF ORREOON )
• )ss.
County of C'. h.<<- )
I certify that Michael Dudunakis appeared personally before me and acknowledged the foregoing
instrument to be his free and voluntary act for the uses and purposes mentioned in the instrument.
DATED this j 0:1' day of _114,x_, ,2015.
1. IIQ( k RAM 1 Notary Public for ,tf c,./��.� Chae..r,,.H
�...� My commission expires: :4,,,,,,+-�Qr,0�r
c SWE0fNE1MIDA _)
rn'' Eipia
Coke Pt o613 lO
PAGE 8 OF 11 - EASEMENT, ACCESS/MAINTENANCE,AND AGREEMENT
Exhibit A
Being a part of the George Richardson Donation Land Claim No. 38, in Township 2
South, Range 1 West, Willamette Meridian, in the County of Washington and State of
Oregon, to-wit:
Beginning at a point in the center of Taylor's Ferry Road in the George Richardson
Donation Land Claim No. 38 in Section 2, Township 2 South, Range 1 West of the
Willamette Meridian; in the County of Washington and State of Oregon, which said
beginning point is reached by beginning at a point on the North line of said Richardson
Donation Land Claim which is the Northeast corner of the George Frewing land in said
claim, and running South 42° 15' East 30 feet to a point in the center of said Taylor's
Ferry Road; thence following the center of said road North 46° 27' East 539.9 feet to the
angle in said road; thence along the center of said road North 71° 53' East 369.60 feet to
a point; thence North 57° 54' East 2.50 feet along the center line of said Taylor's Ferry
Road to the true point of beginning of the parcel herein described; thence North 57° 54'
East 117.00 feet along the center line of said Taylor's Ferry Road to a point at the most
Northwesterly corner of Tract I in Burnham Tract, a recorded Plat in the Records of
Washington County, Oregon; thence South 49° 30' East 128.70 feet along the Westerly
line of said Tract 1 to an iron pipe; thence South 16° 15' East 126.40 feet along the
Westerly line of said Tract 1 to an iron pipe at the most Southwesterly corner of said
Tract I and the most Northwesterly corner of Tract 2 of said Burnham Tract; thence
• South 4° 15' East 115.65 feet along the Westerly line of said Tract 2 to an iron rod;
thence North 43° 02' West 352.90 feet to a point in the center line of said Taylor's Ferry
Road and true point of beginning of the herein described tract.
EXCEPTING THEREFROM that portion deeded to Hammond Properties LLC, an
Oregon limited liability company by Bargain and Sale Deed recorded March 8, 2000, Fee
No. 2000018448 and re-recorded September 13, 2000, Fee No.
2000-074126.
TOGETHER WITH an easement for access road as more fully set forth and described in
the Deed recorded January 16, 1959, in Book 413, Page 436, Washington County Deed
Records.
ALSO TOGETHER WITH a non-exclusive easement for access as more fully set forth
and described in the reciprocal easement agreement recorded April 17, 2009 as
Recorder's Fee No. 2009-033174,Washington County Records.
PAGE 9 OF I I - EASEMENT,ACCESS/MAINTENANCE, AND AGREEMENT
Exhibit B
Part of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the
City of Tigard,County of Washington and State of Oregon,described as follows:
Beginning at a point South 4° 15' East 115.65 feet of the Northwesterly corner of Lot 2,
BURNHAM TRACT an on the Westerly line thereof at the most Southerly corner of that
tract conveyed to Joseph D. Fulop,at ux, by deed recorded in Deed Book 413, Page 436;
thence running North 43° 02' West along the Southwesterly line of said Fulop tract
352.99 feet to the most Westerly corner thereof in the center line of Taylor's Ferry Road;
thence running South 57° 54' East 2.50 feet to an angle in said road, thence running
South 71° 53' West 94.40 feet to the most Westerly corner of that tract conveyed to Lois
Anne David by deed recorded in Deed Book 440, Page 2; thence running South 43° 47'
East 494.7 feet to the most Southerly corner of said Davis tract on the West line of said
Lot 2, BURNHAM TRACT, thence running North 4° 15' West on the West line of said
Lot 2, BURNHAM TRACT 130.45 feet, more or less,to the place of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Tigard, described as
follows:
A tract of land situated in the Northeast one-quarter of Section 2, Township 2 South,
Range I West of the Willamette Meridian, in the City of Tigard, County of Washington
and State of Oregon, described as follows:
Beginning at the Southeast corner of the property described in the Document Number
820141391 of the Washington County Deed Records, thence North 45° 25' 58" West
along the Southerly line of said Document Number a distance of 54.00 feet; thence North
17°34'24"West leaving said Southerly line a distance of 44.28 feet, thence North 23° 12'
55"East a distance of 36.96 feet, thence North 03° 19' 55' West a distance of 34.98 feet,
thence North 45° 22' 13"West a distance of 10.82 feet, thence North 44° 22' 55"East a
distance of 2.00 feet to the East line Northerly line of said Document Number, thence
South 45° 22' 55" East a distance of 2.00 feet to the East line Northerly line of said
Document Number, thence South 45° 37' 05"East along said Northerly line a distance of
40.37 feet to the Northeast corner of said Document Number; thence South 05° 34' 52"
East along said East line and the South line of Lot 2,BURNHAM TRACTS a distance of
130.43 feet to the point of beginning.
PAGE 10 OF 11 - EASEMENT,ACCESS/MAINTENANCE, AND AGREEMENT
Exhibit C
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PAGE 11 OF 11 - EASEMENT, ACCESS/MAINTENANCE, AND AGREEMENT