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2015-077870 ~ Roy Rogers Road ~ Lasich Property Washington County,Oregon 2015-077870 • D-LEASE Stn=8 A DUYCK 09/14/2015 01:50:45 PM AFTER RECORDING RETURN TO: $20.00$11.00$5.00$20.00 $56.00 City of Tigard I,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby City Hall certify that the within instrument of writing was received and recorded in the book of records of said county. 13125 SW Hall Blvd Richard Hobernicht,Director of Tigard OR 97223 Assessment and Taxation,Ex-Officio UNTIL A CHANGE IS REQUESTED • SEND TAX STATEMENTS TO: • NO CHANGE This space is reserved for recorder's use. • MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (hereinafter referred to as this "Memorandum") • is entered into as of the 10th day of September, 2015 (the "Effective Date"), by and.among the City of Tigard, an Oregon municipal corporation ("Lessor"), and William B. Kenny, an individual ("Lessee"). • RECITALS WHEREAS, Lessor and Lessee entered into that certain Lease Agreement, dated September 10, 2015 (the "Lease Agreement"), relating to the lease for that certain real • property and certain improvements, located at 16147 SW Roy Rogers Rd, Sherwood, in Washington County, State of Oregon, and more particularly described in the attached and incorporated Exhibit A (the "Property"), for commercial nursery operations and residential use of two manufactured homes. The Lease Agreement is expressly incorporated herein by reference and made a part hereof as though fully set forth herein. WHEREAS, by this Memorandum, Lessor and Lessee desire to provide public notice of the Lease Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Public Notice. All members of the general public are hereby placed on notice of inquiry as to the specific provisions of the Lease Agreement, all of which are incorporated herein by reference with the same force and effect as if herein set forth in full. This Memorandum shall be recorded in the real estate records of Washington County, State of Oregon, in lieu of recording the entire Lease Agreement. Page 1 —Memorandum of Lease 50014-72582 1297000 1.DOCX'AMJ/9/70/2015 AFTER RECORDING RETURN TO: City of Tigard City Hall 13125 SW Hall Blvd E-RECORDED simplifile• Tigard OR 97223 to o`ZQ(��S,,�,-�0� 70 UNTIL A CHANGE IS REQUESTED County: Lthrn \t SEND TAX STATEMENTS TO: Date: OWN/IS- Time ( . �? NO CHANGE This space is reserved for recorder's use. y. MEMORANDUM OF LEASE - THIS MEMORANDUM OF LEASE (hereinafter referr5d to as this "Memorandum") is entered into as of the 10th day of September, 2015 (the "Effective Date"), by and among the City of Tigard, an Oregon municipal corporation ("Lessor"), and William B. Kenny, an individual ("Lessee"). RECITALS WHEREAS, Lessor and Lessee entered into that- certain Lease Agreement, dated September 10, 2015 (the "Lease Agreement"), relating to the lease for that certain real property and certain improvements, located at 16147 SW Roy Rogers Rd, Sherwood, in Washington County, State of Oregon, and more particularly described in the attached and incorporated Exhibit A (the "Property"), for commercial nursery operations and residential use of two manufactured homes. The Lease Agreement is expressly incorporated herein by reference and made a part hereof as though fully set forth herein. WHEREAS, by this Memorandum, Lessor and Lessee desire to provide public notice of the Lease Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Public Notice. All members of the general public are hereby placed on notice of inquiry as to the specific provisions of the Lease Agreement, all of which are incorporated herein by reference with the same force and effect as if herein set forth in full. This Memorandum shall be recorded in the real estate records of Washington County, State of Oregon, in lieu of recording the entire Lease Agreement. Page 1 -Memorandum of Lease 50014-72582 1297000_1 DOCXIAMJ/9/10/2015 • 2. Lease Term. The Lease will become effective on the Effective Date and shall expire three (3) years after the Effective Date unless extended or earlier terminated in accordance with the provisions of the Lease Agreement. 3. Conflicts. In the event of any conflict between the terms of this Memorandum and the terms of the Lease Agreement, the terms of the Lease Agreement shall control. 4. Captions and Capitalized Terms. Caption headings are inserted herein only as a matter of convenience of reference, and in no way serve to define, limit, or describe the scope of intent of, or in any way affect, this Memorandum. Capitalized terms not defined in this Memorandum shall have the meanings ascribed to them in the Lease Agreement. IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the Effective Date. LESSOR LESSEE City of Tigard William B. Kenny By: L-14/0--(-44 By: Printed Name: MAr44kA. 14)nc) Title: ( 1,1 MAhttoP,,.' STATE OF OREGON ) ) ss. County of fi,Ai2Q,S77 ) This instrument was acknowledged before me on �a�G La - /(J �0/S"; --, by /ycri c,C.A .2t..as ( ,-4, rof the City of Tigard. OFFICIAL SEAL � IYJ�ZQ � / (' NORMA I AOREG r NOTARY PUBLIC F• ' •REGON �r f,' NOTARY PUBLIC RREtRON (' � COMM SSION NO.X65295 f My Commission Expires: ,oQ ieh_ 073,2c:�1l� MY COMMISSION EXPIRES MARCH 23,2016 STATE OF OREGON ) � �� ss. County of Mill 401.1t1 l t 1 ) This instrument was acknowledged be . - on S ,iii-&- Lf CZ15y VDI 1tCiVV -2 , Will': : i , Kenn A1i/i' /'�•,. OFFICIAL STAMP A . RENS U.MOODY I��� . . . NOTARY PUBLIC-OREGON •T Y PU. FOR • N 1/4`..(1 COMMISSION NO.936813 My Commission Expire ..2Yom'�AMIRQICN OXPIR11$MARCH 25 2019 Page 2 — Memorandum of Lease 50014-725821297000 1.DOCXIAMJi9/10/2015 Preliminary Report Order Number: NCS-744087-0R1 Page Number: 7 Exhibit "A" Real property in the County of Washington , State of Oregon, described as follows: PARCEL I: A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet, more or less, to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19' 28" East, 546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed Book 754, Page 282, Washington County, Deed Records; thence North 00° 19' 28" East, 356.97 feet; thence North 88° 50' 25" East, 91.65 feet; thence South 00° 19'28" West, 358.82 feet; thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19' 28" East, 546.52 feet; thence East 60.00 feet; thence South 00° 19' 28" West, 546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast one- quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: First American Title Exhibit A, Page 1 of 2 50014-725821297000_1.DOCXIAMJ/9/10/2015 Preliminary Report Order Number: NCS-744087-0R1 Page Number: 8 Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the bank North 20° 46' 32" West, 35.75 feet; thence North 36° 59' 20" West, 21.37 feet; thence North 21° 27' 20" West, 12.19 feet; thence leaving said top of bank, North 84°59'44" East, 322.83 feet; thence South 00° 19' 28" West, 90.00 feet to the point of beginning. First American Title Exhibit A, Page 2 of 2 50014-72582 1297000_1.DOCXIAMJ/9/10/2015