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2007-072293 y„ Washington County,Oregon 2007-072293 06/29/2007 10:25:36 AM D-DB8 Cnt=1 Stn=29 RECORDS1 $30.00$13.00$11.00•Total=s47.00 AFTER RECORDING, RETURN TO: Attn: Timothy V. Ramis 1111111 II II II 1111 111111 I III 111111 01134763200700722930060064 Ramis Crew Corrigan, LLP 1,Richard Hobemlcht,Director of A merit and 1727 NW Hoyt Street Taxation and Ex-Officio County Clerk for Washington ;rpy, County,Oregon,do herby uRlfy that the within Portland, OR 97209 Instrument of writing was received and re orded In the ,„,. • , book of records of said couptK.- Richard Hobamlcht,Director of Assessment and .04;:5,:f." Taxation,Ex-Officio County Clerk BARGAIN AND SALE DEED TIGARD WATER DISTRICT, ("Grantor") conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD, CITY OF DURHAM AND CITY OF KING CITY, as "Tenants In Common" with the following undivided interests: City of Tigard 70% Tigard Water District 22% City of Durham 2.5% City of King City 5.5% the following real property known as the Water Building and legally described as, See Attached "Exhibit A: Property Description" Subject to any easements, rights of way, and reservations as the same may exist or appear of record. Subject also to the Tenancy In Common Agreement dated jani, 2 , 2007. The true consideration for this conveyance is Zero Dollars ($0.00). THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this 2.514- day of J u , 0200+ GRANTOR: 6eDA4E.- g141/1-_ nun/551Dier Signed, Tigard Water District Print Nabrne and Title of Signing Official (Notarial Certificate on following page) Bargain and Sale Deed for the Water Building Property Page 1 of 2-* AQ�'CT 43 4- O P�lS�� Q r STATE OF OREGON ) [ ) ss COUNTY OF f l QS(llt'1 ) This instrument was signed before me on .J/ LvLL a5, c?607 by I • / ' / ,rte 5#C--, frn d OFFICIAL SEAL Notary Public = GREER A GASTON ` p NOTARY PUBLIC-OREGON My Commission expires: ID -ID-0 I- COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 1 ?,O Bargain and Sale Deed for the Water Building Property Page 2 of-2-4 GOA I r { • Dated this (717-m- day of , cW.— By -By its execution of this deed, the Tigard Water District hereby approves this conveyance. GRAN! EE: a�\ earg.L ClrmmissIon e� Signed, Tigard Water District Print NAinee and Title of Signing Official STATE OF OREGON ) ) ss COUNTY OF Yfoshin ) This instrument was signed before me on Jun,, Z °ma- by C e)r e_ Kfe-6-mcD OFFICIAL SEAL ttNotary Public GREER A GASTON My Commission expires: 10-1D--.07- NOTARY PUBLIC-OREGON COMMISSION NO.MY COMMISSION EXPIRES OC373020 E10,2007 Dated this c,27- day of 02..t_n_zi ,,cm0-. By its execution of this deed, the City of Tigard hereby approves this conveyance. AGRA EE: 1. j4F& 06ti ) Cre {len E B1,LPJ72P_l" C Glor Signed, City of Tigard Print Name and Title of Signing Official ��"��. OFFICIAL SEAL . g1 r!t STATE OF OREGON ) - GREER A GASTON k`'-;®NOTARY PUBLIC-OREGON ) SS `�` COMMISSION NO.373020 COUNTY OF WA5hIiQIDI) ) MY COMMISSION EXPIRES OCT.10,2007 This instrumentwassigned before me on �/,I../LL. 021.`"' a Md by E. 23uthme , . 4sek_ an-..57te, Notary Public My Commission expires: /O-/O-O. D this may of- V . Bargain and Sale Deed for the Water Building Property Page 3 of 4 f t .[lit±t o78 cY r.1t Of J,�n� 02 DD I- By its execution of this deed, the City of Durham hereby approves this conveyance. GRANTEE: -P a Ga1 9 1 lock W &Ural/ G ,e wieilor Signed, City of Durham Print Name and Title of Signii Official STATE OF OREGON :14".*� OFFICIAL SEAL ) �� �.. GREER A GASTON ) ss �lY 1 NOTARY PUBLIC-OREGON COUNTY OF W h1i ) COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 This instrument was signed before me on jaw.. 2,01L 02,0g1-- by �a fry r W Carry 1 . Notary Public My Commission expires: /O-/D_dam Dated this 028,W1 day of Jug_ ,Q.201) By its execution of this deed, the City of King City hereby approves this conveyance. GRANTEE: 66" etruil tdar � - "�i4-e-22/11 !-e "if Signed, City of King City Print Name and Title of Signing Official STATE OF OREGON ) ) ss COUNTY OF WQShint This instrument was signed before me on Juni_ 2.Ath c12007' by leiiaud Al. W/n a • Notary Public �! ;�'•. OFFICIAL SEAL My Commission expires: /D-/D-D4 a_art a �-� - GREER A GASTON t•y.��NOTARY PUBLIC-OREGON COMMISSION NO.373020 MY COMMISSION EXPIRES OCT.10,2007 Bargain and Sale Deed for the Water Building Property Page 4 of 4 • a EXHIBIT A WATER BUILDING DEED LEGAL DESCRIPTION OF PROPERTY DESCRIPTION PARCEL I • A tract of land in Section 2, Township 2 SoJth, Range 3.Vest of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point of intersection of the Southwesterly right of way line of that certain 50 foot strip of right of way conveyed to the Oregon Electric Railway Company by James R. O'Hara and Mary C. O'Hara, his wife, by deed dated January 4, 1907 and recorded February 16, 1907, on Page 40 of Book 75, Deed Records of Washington County, Oregon, and the west line of the William Graham Donation Land Claim No. 39, said point being monumented by an iron pipe; thence South 43° 00' West along the west Donation Land Claim line a distance of 354.3 feet, more or less, to the center line of County Road No. 977; thence Soutb 45' 04' East along the center line of staid County Road; a distance of 95.75 feet; thence South 0' 21' West a distance of 132.33 feet to a point, said point being monumented by an iron pipe; thence South 89° 41' East, a distance of 368.55 feet to a point in the center line of County Road No. 227; thence North 0' 19' East along the ceatet line of County Road No. 227 to a point on the Southwesterly right of way line of the Oregon Electric Railway Company, as aforesaid; thence North 41' 58' West along the South— westerly right of way line ae aforesaid, a distance of 291.63 feet to the point of beginning. PARCEL II A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, is the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the point of intersection of the Southwesterly right of way line of that certain 50 foot atrip of right of way conveyed to Oregon Electric Railway Company by James R. O'Mara and Nary C. O'Mara, his wife, by deed dated January 4, 1907, and recorded February 16, 1907, on Page 40 of Book 75, Deed Records of Washington County, Oregon, and the west line of the William Graham Donation Land Claim 310. 39, said point being monumented by an Iran pipe; thence South 43' 00' West along said west donation land claim line a distance of 354,3 feet, more or less, to the center of County Road No. 997; thence North 45' 04' 30" West along the canter line of County Road No. 997, a distance of 241.44 feet; thence North 43' 00' East a distance of 367.75 feet, more or less, to a point on the 1 • Page 2 EXHIBIT A WATER BUILDING DEED LEGAL DESCRIPTION OF PROPERTY DESCRIPTION - Continued Southwesterly right of way line of that cartkain 50 foot strip of right of way conveyed to the Oregon Electric_Railway Company by Rudolph Th nriker and S. C. Munziker, his wife, by deed dated Deceaber 13, 1906 and recorded February 16, 1907, on Page 39 of Book 75, Deed Records of Washington County, Oregon, thence South 41° 58' Etat a distance of 242.25 feet, more or less, along said South- westerly right of way line to the point of beginning. PARCEL III A tract of land in 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 in the center of County Road Nortb 45° 46' West 241.44 feet of the most easterly corner of that certain tract of land conveyed to Charles Burnham by deed recorded in Book W, Page 162, Deed Records of Washington County, Oregon, said beginning point being also the moat westerly corner of that certain ttact of land conveyed to W. 3. Kerry by deed recorded in Book 146, Page 105, Deed Records; thence North 42° 19' East along the northwesterly line of said Kerry tract, 367.7 feet to the westerly right of way of Oregon Electric Railway Company; thence Northwesterly along said right of way line 60 feet to a point; thence South 42° 19' West 374.23 feet, more or less, to center line of County Road and the easterly line of said Burnham tract; thence South 45° 46' East 60 feet, more or less, to the place of begianning. Exhibit B /W13 Res.Afm. DB-12" after/a art. 1.00/014463 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 of King 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 Water Building Property(the "Remnant Parcel"). The Remnant Parcel 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 Remnant Parcel. APPROVALS 1. Sale of Remnant Parcel. The Owners have voted, by a majority, to sell the Remnant Parcel subject to City of Tigard's right of first refusal. The Remnant Parcel 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 required 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 Remnant Parcel, the Remnant Parcel shall automatically be released from the TIC. 4. Water Building Lease Not Affected. The parties confirm that the Remnant Parcel is not included in the leased premises described in the Water Building Lease. 5. Counterparts. This Memorandum may be executed in counterparts, each of which, when taken together, shall constitute a fully executed original. [Signature page follows.] Page 1 - MEMORANDUM 50014-36792 003 148057,doc1OX79/11/11/2008 IN WITNESS WHEREOF, the parties by their signatures below indicate their approval and confirmation of the above-described matters. CITY OF-TIGARD,an Oregon municipal. CITY OF DURHAM,an Oregon municipal corporatio, ' corporation BY: /. �cJ . ( By: IcA A,t. J GA/10 Name: c2��I-.-cJ �' �1tf S-� Name: PA-n2‘c . VI • C A-e_ee LL Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: / oZ // u U Dated: o`7/ U 0 CITY OF KING CITY,an Oregon TIGARD WATER DISTRICT,an Oregon municipal corporation municipal se ice distric- • By: '� am`—`"`�— By: Name:/rZ-Aar d I4l, l UJ,Jik Name: "cei✓ /74--%.sc/i e / Its: Intergovernmental Water Board Its: Intergovernmental Water Board Representative Representative Dated: J 0/0 Dated: �, //4,/, Exhibit A—Remnant Parcel Page 2 - MEMORANDUM 50014-36792 003 148057.doctXN'!1.11,2008 1•4010, '�0 ,' "� ;� ' Exhibit A Remnant , 1 =. Parcel & 7 `\ 011P. . �T lip � � *kis \'' � 1 ,.,,,,,,C.„ ./ -r. 1:::' .,' * '* ' if r 1( 44f . „ ? w ` • -. ,, , .> j fr Oj �r ',. 'd. tc,a e t Frc‘. 'N� 1 `` \IN, '7 Vii., ...q:,' r yR lir op ilikiliiihku . . , N:JP- 44.• 0 41111 IP i iiikk • ., . , f' , IF -Lr2.4' A.► . ` a �4 ? er t 4,i-1 ua,' I� ' i ;:�. 1 `7 T1� t1*; a.. '• w. *' .rm. 1 " u•;. NORTH Ji.wt i 67 .. ' a* P . . V• "!. I� g. ¢+Y.7 Wk t A Map printed at 13-Nov-OB 11 00 AM '1., • firOF TA IS DERIVED FROM MULTIPLER PRESE REPRESENTATIONTHE ENT ACCURACY OR 'y �- ) �� :.1 �y IGAROMANE NOGUARANTEE AS TO THE E N A RIP jr 0 f �1 fli �AE , S TIMELINESS OR COMPLETENESSOFANY OF THE DATA * ''f�V ' ` '• ^� filiP 3' JA' • • PROVIDED HEREIN THE CRY OF TIGARO SHALL ASSUME • �k4 * t S .p' `.•. INOLIABILITY ACCURACIESIN THE INFORMATIONMY ERRORS SSIONS PR PROVIiDED ill iit % Trr., A 11.1 11 ''{ f 11, /', ' ' } 1 -..0 . t �i 1 1 y '4' ' City of f.. 14., �4.-ilw„!4 � f ., Tigard . ,00d k c City of Tigard Y i "lir (�/r 13125 SW Hall Blvd- a ri ' F Tl 503 39 171 •rL 'iii"'lErilitfirrillir ,l � 7223 1 e- a ��'�'> a 503639 4171 S i ,1.A -'�. -1 I' V www.vgard-or.gov ti: