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Resolution No. 16-43 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- y3 A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING STREET,PUBLIC UTILITY AND RELATED IMPROVEMENTS ALONG SW WALL STREET FROM HUNZIKER ROAD TO TECH CENTER DRIVE and AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY WHEREAS,the City Charter grants the City of Tigard ("City's the authority to acquire land for public purposes;and WHEREAS,the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase,acquire, condemn,use,and enter upon property within or without its corporate limits as provided for by law;and WHEREAS,the construction of Wall Street Improvement Project CIP 95047,is in the public interest and is an approved capital improvement project identified in the City of Tigard Capital Improvement Plan(the "Project");and WHEREAS,to accomplish the project or projects set forth above,it is necessary to acquire easements for street and public utilities,and related temporary construction easements and may be necessary to obtain immediate possession of property to complete the Project in a timely manner, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that; SECTION 1: It is in the public interest and necessary to acquire public right of way for road purposes, utility easements,temporary construction easements and related property interests as shown in the Exhibits A through E attached hereto and incorporated herein so as to locate and construct the Wall Street Improvement Project CIP 95047. SECTION 2: The public improvements as shown in the 30%design documents for the Project dated have been planned,designed,located and will be constructed in a manner that will be most compatible with the greatest public benefit and the least private injury or damage; SECTION 3: City staff,including the City Attorney,are authorized and directed to negotiate in good faith with the owners and other persons holding an interest in the real property described in the attached Exhibits A through E. If the City Manager or her designee determines that a satisfactory agreement for acquisition of any property or interest therein is not likely to be reached in a timely manner,then the City Attorney is authorized to obtain immediate possession and to file and take all such actions as are necessary to pursue eminent domain proceedings in the name of the City of Tigard for acquisition of such property. SECTION 4: This resolution is effective immediately upon passage. PASSED: This -P day of r-2 M y r-City of Tigard ATTEST: City Recorder—City of Tigard Resolution No 16- 'Y2 Description of Exhibits, Impacted Parcels& ROW Right-of-Way Public Temporary Property Description Utility Construction Notes Acquisition Dedication Easement Easement Summit Properties Inc. • • • Exhibit`A' T.L.4500(Ma 2S 101 DC Meritage Five LLC . Exhibit`B' T.L.400(Map 2S 101 CA Wall Street Industrial LLC • . Exhibit`C' T.L.200(Map 2S101DC Fields Trust T.L 100,800,& 1100(Map • • • Exhibit`D' 2S101CA Fields Trust • Exhibit`E' T.L 1600(Ma 2S 101 CA Trimet Westside Express Service Railroad T.L. 1500(Map 25101) Totals 3 1 3 3 Resolution No 16- A DIVISION OPPB Exhibit "Al Right of Way Dedication Legal Description Beinga tract of land located in the Southeast Quarter of Section 1 Township 2 South Range 1 p g West, Willamette Meridian, City of Tigard, Washington County, Oregon, said tract of land being more particularly described as follows: BEGINNING AT the most westerly Southwest corner of Lot 1 of the plat "Tech Center Business Park", Washington County Survey Records (from which a 5/8" iron rod bears South 02°36'28" West, 0.49 feet); Thence North 02036'28" East, along the Westerly line of said Lot 1, for a distance of 84.81 feet to a point that is 58.00 feet northerly of when measured perpendicular to the Northerly right-of- way line of the TriMet Westside Express Service rail line; Thence South 40°32'31" East, along a line parallel with said Northerly right-of-way line, for a distance of 164.28 feet to the beginning of a 163.00 foot radius curve to the left; Thence along the arc of said 163.00 foot radius curve to the left through a central angle of 39°57'52" (the long chord of which bears South 60031'27" East, a distance of 111.40 feet) for a distance of 113.69 feet to an angle point; Thence South 04047'12" West, for a distance of 10.55 feet to a point on the Northerly right-of- way line of SW Tech Center Drive and the beginning of a 125.00 foot radius non-tangent curve to the left; Thence along the arc of said 125.00 foot radius curve to the left through a central angle of 45010'44" (the long chord of which bears South 72011'50"West, a distance of 96.03 feet)for an arc distance of 98.57 feet to a point on the Northerly right-of-way line of the TriMet Westside Express Service rail line; REGISTERED Thence North 40032'31" West, along said Northerly PROFESSIONAL right-of-way line, for a distance of 177.40 feet to the LAND U EY TRUE POINT OF BEGINNING. :�� Contains in all 13,488 square feet or 0.310 acres, more or less. ORE'05k JULY 18, 1982 See Exhibit Map attached hereto. TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 EXHIBIT A2 RIGHT OF WAY DEDICATION AUGUST 26, 2016 T.L. 1600 MAP 2S 1 01 DAVID M. MUNRO, SUCCESSOR sr TRUSTEE OF THE FRED W. L' FIELDS REVOCABLE LIVING TRUST AGREEMENT LOT 1 00 4 \ T.L. 4500 °O \ MAP 2S 1 01DC \ ! SUMMIT PROPERTIES, INC. N . . ....'..'. . M ..... . .. . ...\�S40'32'31"E 164.28' \ N .•_••.•,•.•.•••_ \ 158' ..... ... ...... . .Y \ Z ...'.'.'.'..'..'.... . . . POINT OF BEGINNING :.:.:� RIGHT-OF-WAY DEDICATION I 13,488 SO. FT. \ 0,310 ACRES Fj R=163.00' !y� 'LAO. \ L=113.69' A=039'57'52" ............ ...........\ CH=S60'31'27"E 111.40' SO4'47'12"W Ao, 10.55' Fs s Sw rECH `rF.p CEN TER DRIVE 70 R=125.00' — — (� L=98.57' 0=045'10'44" CH=S72'11'50"W 96.03' — 314 W 15th Street Vancouver.WA 98660-2927 360.695.3488 H Dj 360.695.87678767 fax A DIVISION OF PBS" www.hdjdg.com DRAWN BY: RFS SCALE: 1"=60' 8/26/2016 CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 1 OF qi @HD I Exhibit "A3" Temporary Construction Easement Legal Description Being a tract of land located in the Southeast Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, said tract of land being more particularly described as follows: COMMENCING from the most westerly Southwest corner of Lot 1 of the plat "Tech Center Business Park", Washington County Survey Records (from which a 5/8" iron rod bears South 02°36'28" West, 0.49 feet); Thence North 02036'28" East, along the Westerly line of said Lot 1, for a distance of 84.81 feet to a point that is 58.00 feet northerly of when measured perpendicular to the Northerly right-of- way line of the TriMet Westside Express Service rail line and the TRUE POINT OF BEGINNING of the herein described easement; Thence North 02°36'28" East, continuing along the Westerly line of said Lot 1, for a distance of 19.01 feet to a point that is 71.00 feet northerly of when measured perpendicular to the Northerly right-of-way line of the TriMet Westside Express Service rail line; Thence South 40032'31" East, along a line parallel with said Northerly right-of-way line, for a distance of 178.15 feet to the beginning of a 150.00 foot radius curve to the left; Thence along the arc of said 150.00 foot radius curve to the left through a central angle of 01°16'43" (the long chord of which bears South 41010'53" East, a distance of 3.35 feet) for an arc distance of 3.35 feet to a point of non-tangency; Thence South 87°21'56" East for a distance of 33.74 feet to an angle point; g p , Thence South 02°53'55"West, for a distance of 18.63 feet to an angle point; Thence South 67024'31" East, for a distance of 72.18 feet to an angle point; Thence South 04°47'12" West, for a distance of 24.58 feet to a point on the Northerly right-of- way line of SW Tech Center Drive; Thence North 85012'48" West, along said Northerly right-of-way line, for a distance of 13.38 feet to a point; Thence North 0447'12" East, for a distance of 10.55 feet to the beginning of a 163.00 foot radius non-tangent curve to the right; Thence along the arc of said 163.00 foot radius non-tangent curve to the right through a central angle of 39°57'52" (the long chord of which bears North 60°31'27"West, a distance of 111.40 feet) for an arc distance of 113.69 feet to a point of tangency; Thence North 40032'31" West, along a line parallel with said Northerly TriMet right-of-way line, for a distance of 164.28 feet to the TRUE POINT OF BEGINNING. Contains in all 4,918 square feet or 0.113 acres, more or less. See Exhibit Map attached hereto. REGISTERED PROFESSIONAL LAND SURVEYOR 41 OREGON JULY 16. 1992 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 EXHIBIT A4 TEMPORARY CONSTRUCTION EASEMENT AUGUST 26, 2016 T.L. 1600 MAP 2S 1 01 DAVID M. MUNRO, QQ� SUCCESSOR TRUSTEE OF THE FRED W. FIELDS REVOCABLE LIVING TRUST AGREEMENT NO2'36'28"E 19.01' Y POINT OF BEGINNING \�13' LOT 1 �s NO2'36'28"E 84.81' LA0. T.L. 4500 MAP 2S 1 01DC �0� F SUMMIT PROPERTIES, INC. R=150.00' L=3.35' POINT OF !�� \ A=001'16'43" COMMENCEMENT ���. .\ CH=S41'10'53"E 3.35' _S87'21'56"E 33.74' PROPOSED RIGHT-OF-WAY TEMPORARY ���S02'S3'S5"W 18.63' DEDICATION CONSTRUCTION \ EASEMENT �S6�243 4,918 SQ. FT. 0.113 ACRES R=163.00' �. . . . . .. ..'. . ..,���8. 1 SO4-47'1 2"W I L=113.6 9'� + j A=039'57'52" N04'47'12"E. . ... . 24.58' CH=N60'31'27"W 111.40' 10.55' N85'1 2'48"W Ss 13.38' SW TECH CENTER DRIVE F 314 W 151h Street Vancouver,WA 98680-2927 360.695.3488 360.695.8767 fax A DIVISION OF PBS" www.hdjdg.com DRAWN BY: RFS I SCALE: 1"=60' 8/26/2016 CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 1 OF 1 @HD I Exhibit "AY Public Utility Easement Legal Description Being an 8 foot wide strip of land located in the Southeast Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, and being 4 feet wide on each side of the following described centerline: COMMENCING from the most westerly Southwest corner of Lot 1 of the plat"Tech Center Business Park", Washington County Survey Records (from which a 5/8" iron rod bears South 02°36'28" West, 0.49 feet); Thence North 02°36'28" East, along the Westerly line of said Lot 1, for a distance of 90.66 feet to a point that is 62.00 feet northerly of when measured perpendicular to the Northerly right-of- way line of the TriMet Westside Express Service rail line and the TRUE POINT OF BEGINNING of the herein described centerline; Thence South 40°32'31" East, along a line parallel with said Northerly right-of-way line, for a distance of 168.55 feet to the beginning of a 159.00 foot radius curve to the left; Thence along the arc of said 159.00 foot radius curve to the left through a central angle of 39050'45" (the long chord of which bears South 60027'54" East, a distance of 108.36 feet) for a distance of 110.57 feet to the POINT OF TERMINUS of the herein described centerline; Contains in all 2,233 square feet or 0.051 acres, more or less. Extending sidelines of said 8 foot strip, Westerly and Easterly, to meet the lines of said Lot 1 and proposed right-of-way takes. See Exhibit Map attached hereto. REGISTERED PROFESSIONAL LAND URVEY OREGON JULY 18, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 EXHIBIT A6 PUBLIC UTILITY EASEMENT AUGUST 26, 2016 T.L. 1600 MAP 2S 1 01 DAVID M. MUNRO, SUCCESSORTHE Q Q W. F ELDSE REOVOCABLE RED LIVVI G TRUST AGREEMENT POINT OF BEGINNING \ LOT 1 O \�8. O T.L. 4500 O1 4' w � \ MAP 2S 1 01DC `� 4 SUMMIT PROPERTIES, INC. N io540'32'31"E 168.55' M / \ \ N ` O \ Z \ POINT OF PUBLIC UTILITY EASEMENT COMMENCEMENT \\ 2,233 SQ. FT. \ 0.051 ACRES PROPOSED R=159.00' RIGHT—OF—WAY L=110.57' DEDICATION A=039'50'45" \ CH=S60'27'54"E 108.36' POINT OF TERMINUS SW TECH CENTER DRIVE ` W 15th Street Vancouver,WA 98880-2927 ` 30. 95.3488 3660.8695.8787 fax A DIVISION OF PBS" www.hdjdg.00m DRAWN BY: RFS SCALE: 1"=60' 8/26/2016 CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 1 OF 1 @HD I Exhibit "B1" Temporary Construction Easement Legal Description Being a tract of land located in the Northwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, said tract of land being more particularly described as follows: BEGINNING AT the Northeast corner of Parcel 1 of Partition Plat 2007-064, Washington County Survey Records; Thence South 30°58'43" West, along the Easterly line of said Partition Plat 2007-064, for a distance of 657.47 feet to the Southern most corner of said Parcel 1; Thence North 59026'23" West, along the Southerly line of Said Parcel 1, for a distance of 27.50 feet; Thence North 30058'43" East, along a line parallel with the Easterly line of said Parcel 1, for a distance of 369.01 feet to an angle point; Thence South 58052'54" East, for a distance of 18.08 feet to an angle point; Thence North 31 005'19" East, for a distance of 41.00 feet an angle point; Thence North 58052'37" West, for a distance of 18.16 feet to an angle point; Thence North 30°58'43" East, along a line parallel with the Easterly line of said Parcel 1, for a distance of 247.41 feet to a point on the Southerly right-of-way line of SW Hunziker Street; Thence South 59033'18" East, along said Southerly right-of-way line, for a distance of 27.50 feet to the TRUE POINT OF BEGINNING; REGISTERED Contains in all 17,337 square feet PROFESSIONAL or 0.398 acres, more or less. LAND SURVEY See Exhibit Map attached hereto. LTERARY EGON le, �aa2 GOODMAN989 RENEWAL DATE: 6-30-17 EXHIBIT B2 TEMPORARY /k�R ST \ RF CONSTRUCTION FT EASEMENT S59'33'18"E 27.50' \ POINT OF AUGUST 26, 201627.5'A BEGINNING 6 /. . � 0 � � T.L. 400 MAP 2S 1 01CA / MERITAGE FIVE, LLC �"�/• •: N58'52'37"W 18.16' PARCEL 1 N31'05'19"E 41.00' PROPOSED EASTERLY S58'52'54"E 18.08' RIGHT—OF—WAY DEDICATION TEMPORARY CONSTRUCTION / a� EASEMENT 17,337 SO. FT. 0.398 ACRES Al 27.5' /. . PROPOSED / WESTERLY / RIGHT—OF—WAY /. . . . / DEDICATION i N59'26'23"W 27.50' / T.L. 500 / 314 W 15th Street MAP 2S 1 OICA ` Vancouver,WA 98660-2927 / 360.695.3488 CITY OF TIGARD 360.695.8767 fax PARCEL 2 / / A DIVISION OF PBS' / www.hdJdg.com DRAWN BY: RFS SCALE: 1"=100' 8/26/2016 CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 1 OF 1 @HD I Exhibit "Cl" Right of Way Dedication Legal Description Being a tract of land located in the Southwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, said tract of land being more particularly described as follows: BEGINNING AT the Northeast corner of Parcel 1 of Partition Plat 2007-064, Washington County Survey Records; Thence North 30058'43" East, along the northerly extension of the east line of said Parcel 1, for a distance of 7.00 feet to the south line of SW Hunziker Street; Thence South 59033'18" East, along the Southerly right-of-way line of SW Hunziker Street, for a distance of 20.00 feet to the Northeast corner of that tract of land deeded to Wall Street Industrial, LLC and Richard Vial as described in Deed Document Number 2007-019323, Washington County Deed Records; Thence South 30058'43" West, along the East line of said Vial tract, said line being 20 feet Easterly of and parallel with the Easterly line of said Partition Plat 2007-064, for a distance of 1615.36 feet to the Southern most corner of said Vial tract and a point on the Northerly right-of- way line of the TriMet Westside Express Service rail line; Thence North 40032'31" West, along said Northerly right-of-way line, for a distance of 21.09 feet to a point 20 feet Westerly of, when measured perpendicular to said Easterly Vial line; Thence North 30°58'43" East, along the Southerly extension and Easterly line of said Partition Plat 2007-064, for a distance of 1601.49 feet to the TRUE POINT OF BEGINNING of the herein described right-of-way dedication; Contains in all 32,239 square feet REGISTERED or 0.740 acres, more or less. PROFESSIONAL LAND S RVEYO See Exhibit Map attached hereto. OREGON JULY 1e, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 EXHIBIT C2 RIGHT-OF-WAY DEDICATION RSrpF� 2500303'18"E AUGUST 26, 2016 r N 30'58'43"E 7.00' POINT OF BEGINNING T.L. 400 / MAP 2S 1 01CA MERITAGE FIVE, LLC / PARCEL 1 / A / 06 RIGHT—OF—WAY / O DEDICATION 0 32239 SQ. FT. / 0.740 ACRES 4 N30'58'43"E / 1601.49' PROPOSED EASTERLY TRACT A RIGHT—OF—WAY PARCEL 2 DEDICATION T.L. 500 / MAP 2S 1 01CA / 530'58'43"W 1615.36' CITY OF TIGARD T.L. 200 / MAP 2S 1 01CA 20' T.L. 1100 WALL STREET / MAP 2S 1 01 INDUSTRIAL, LLC DAVID M. MUNRO, SUCCESSOR & A. RICHARD VIAL / TRUSTEE OF THE FRED W. EXECUTIVE CENTER, LLC FIELDS REVOCABLE LIVING TRUST AGREEMENT 314 W 15th Street Vancouver,WA 98660-2927 360.695.3488 360.695.8767 fax F / A DIVISION OF PBS" SS s� N4032'31"W www.hdjdg.com 21.09' L O� 1 DRAWN BY: RFS SCALE: 1"=200' JF-8/26/2016 ��` CHECKED BY: TLG JOB NO.: 4265-00 1 SHEET 1 OF 1 OHD A DIVISION OF PBS Exhibit "C3" Temporary Construction Easement Legal Description Being two tracts of land located in the Southwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, and being more particularly described as follows: BEGINNING AT the Southeast corner of Parcel 2 of Partition Plat 2007-064, Washington County Survey Records; Thence South 30058'43" West, along the Southerly extension of the Easterly line of said Parcel 2, for a distance of 53.28 feet to an angle point; Thence North 59001'17" West, along a line perpendicular with said Southerly extension, for a distance of 20.00 feet; Thence North 30058'43" East, along a line parallel with said Southerly extension, for a distance of 59.98 feet to a point on the Southerly line of said Parcel 2; Thence South 40°29'13" East, along said Southerly line, for a distance of 21.09 feet to the TRUE POINT OF BEGINNING of the herein described easement; ALSO INCLUDING the following described tract of land; BEGINNING AT a point that bears South 30058'43" West, a distance of 375.50 feet from the Southeast corner of Parcel 2 of Partition Plat 2007-064, Washington County Survey Records; Thence South 30058'43"West, continuing along the Southerly extension of the Easterly line of said Parcel 2, for a distance of 63.02 feet to a point on the Northerly right-of-way line of the TriMet Westside Express Service rail line; Thence North 40032'31' West, along said Northerly line, for a distance of 15.82 feet; Thence North 30058'43" East, along a line parallel with said REGISTERED Southerly extension, for a distance of 58.00 feet to an angle point; PROFESSIONAL LAND URVEY Thence South 59001'17" East, along a line perpendicular with said Southerly extension, for a distance of 15.00 feet to the TRUE POINT OF BEGINNING. OREGON Contains in all 2,041 square feet or 0.047 acres, more or less. ,ul.Y 18. 1082 TERRY GOODMAN 1989 See Exhibit Map attached hereto. RENEWAL DATE: 6-30-17 PARCEL 2 EXHIBIT C4 PP 200500 64 TEMPORARY MAP 2S 1 01CA CONSTRUCTION CITY OF TIGARD EASEMENT S40'29'13"E 21.09' AUGUST 26, 2016 20' POINT OF �/. . . . BEGINNING N30'58'43"E 59.98'--,, .., , / NORTH TEMPORARY / CONSTRUCTION EASEMENT 1,133 SQ. FT. / 0.026 ACRES \. . ./ 5353..2828'' 3"W / N59'01'17"W 20.00 / T.L. 200 MAP 2S 1 01CA / WALL STREET INDUSTRIAL, LLC & A. RICHARD VIAL EXECUTIVE / CENTER, LLC / /Ahs / PROPOSED WESTERLY C RIGHT—OF—WAY / DEDICATION / PROPOSED EASTERLY / RIGHT—OF—WAY POINT OF / DEDICATION BEGINNING / S59'01'17"E 15.00 / SOUTH TEMPORARY I CONSTRUCTION EASEMENT N30'58'43"E /908 SQ. FT. �( 58.000.021 ACRES '/. /. . . 15' N / 314 W 15th Street 40 32'31"W . S30'58'43"W Vancouver,WA 98660-2927 15.82' 63.02' 360.695.3488 I,p 360.695.8767 fax A DIVISION OF PBS" www.hdjdg.com L�S�s/O DRAWN BY: RFS SCALE: 1"=60' 8/26/2016 (� CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 1 OF 1 OHD A DIVISION OF PBS Exhibit "D1" Right of Way Dedication Legal Description Being a tract of land located in the Northwest and Southwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, said tract of land being more particularly described as follows: BEGINNING AT the Northeast corner of Parcel 1 of Partition Plat 2007-064, Washington County Survey Records; Thence North 30058'43" East, along the northerly extension of the east line of said Parcel 1, for a distance of 7.00 feet to the south line of SW Hunziker Street; Thence South 59033'18" East, along the Southerly right-of-way line of SW Hunziker Street, for a distance of 20.00 feet to the Northeast corner of that tract of land deeded to Wall Street Industrial, LLC and Richard Vial as described in Deed Document Number 2007-019323, Washington County Deed Records and the TRUE POINT OF BEGINNING of the herein described right-of-way dedication; Thence South 59033'18" East, continuing along the Southerly right-of-way line of SW Hunziker Street for a distance of 3.76 feet to the beginning of a 230.00 foot radius curve to the left; Thence continuing along said Southerly right-of-way line and the arc of said 230.00 foot radius curve to the left, through a central angle of 10053'36" (the long chord of which bears South 65000'06" East, 43.66 feet)for a distance of 43.73 feet to a point of tangency; Thence South 70026'54" East, continuing along the Southerly right-of-way line of SW Hunziker Street for a distance of 421.17 feet to the Northeast corner of that tract of land deeded to David L. Munro recorded in Deed Document Number 2015-068820, Washington County Deed Records; Thence South 30058'43"West, along the East line of said Munro tract, for a distance of 5.10 feet to a point that is 35.00 feet southerly of when measured perpendicular to the centerline of SW Hunziker Street; Thence North 70026'54" West, along a line parallel with said centerline, for a distance of 398.79 feet to an angle point; Thence South 70015'55" West, for a distance of 30.19 feet to a point that is 50.00 feet Easterly of, when measured perpendicular to the Easterly line of said Vial tract; Thence South 30058'43" West, along a line parallel with the Easterly line of said Vial tract, for a distance of 1459.13 feet to the beginning of a 137.00 foot radius curve to the left; Thence along the arc of said 137.00 foot radius curve to the left, through a central angle of 71031'15" (the long chord of which bears South 04°46'54" East, 160.12 feet) for a distance of 171.01 feet to a point that is 50.00 feet Northerly of, when measured perpendicular to the Northerly right-of-way line of the TriMet Westside Express Service rail line; Thence South 40°32'31" East, along a line parallel with said Northerly right-of-way line, for a distance of 333.63 feet to a point on the Easterly line of Tract 1 of that tract of land deeded to David M. Munro in Deed Document Number 2015-068819, Washington County Deed Records; Thence South 30058'43" West, along said Easterly line, for a distance of 54.83 feet to a point on the Northerly line of said TriMet rail line; Thence North 40°32'31" West, along said Northerly line, for a distance of 485.01 feet to the Southeast corner of said Vial tract; Thence North 30°58'43" East, along the Easterly line of said Vial tract, for a distance of 1615.36 feet to the TRUE POINT OF BEGINNING; Contains in all 107,829 square feet or 2.475 acres, more or less. See Exhibit Map attached hereto. REGISTERED PROFESSIONAL LAND S RVEYOR OREGON JULY 18, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 S30'58'43"W 7.00' L1 N59'33'18"W 20.00' EXHIBIT D 2 c,�sw HUNZIKER POINT OF STREET COMMENCEMENT POINT ?6 RIGHT—OF—WAY BEGINNING :.:.� 154"w'39,9 DEDICATION PARCEL 1 300'95'55"W 30' AUGUST 26, 2016 ' T.L. 800 35'L3 A ;•:l MAP 2S 1 01CA 6 O DAVID M. MUNRO, SUCCESSOR TRUSTEE OF THE FRED W. CURRENT X50' FIELDS REVOCABLE LIVING LOT LINE TRUST AGREEMENT TRACT 0 O TL 1100 j „A„ OLD LOT LINE 4 Y. N30'58'43"E TL 100/800 1615.36' 0� T.L. 100 /,, PARCEL 2 MAP 2S 1 01CA 3 DAVID M. MUNRO, SUCCESSOR TRUSTEE OF THE FRED W. /ham FIELDS REVOCABLE LIVING TRUST AGREEMENT PROPOSED WESTERLY RIGHT—OF—WAY RIGHT—OF—WAY DEDICATION DEDICATION 107,829 SQ. FT. 2.475 ACRES T.L. 200 . . 50' T.L. 1100 T.L. 1600 /. .. ./ MAP 2S 1 01 MAP 2S 1 01 DAVID M. MUNRO, SUCCESSOR DAVID M. MUNRO, SUCCESSOR TRUSTEE OF THE FRED W. TRUSTEE OF THE FRED W. / FIELDS REVOCABLE LIVING FIELDS REVOCABLE LIVING I�C2 TRUST AGREEMENT TRUST AGREEMENT 314 W 15th Street jA �• Vancouver,WA 98660-2927 0.�, \�?� 360.695.3488 360.695.8767 fax -t`,p�l� x� ��• A DIVISION OF PBS" �Q�FsS`J, s�,' ' . 6�• www.hdjdg.e m L4 DRAWN BY: RFS SCALE: 1"=200' 8/26/2016 CHECKED BY: TLG JOB NO.: 4265-00 SHEET 1 OF 2 EXHIBIT D2 RIGHT-OF- WAY DEDICATION AUGUST 26, 2016 LINE TABLE LINE LENGTH DIRECTION L1 3.76' 559'33'18"E L2 421.17' S70'26'54"E L3 5.10' S30'58'43"W L4 54.83' S30'58'43"W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH Cl 43.73' 230.00' 010'53'36" S65'00'06"E 43.66' C2 171.01' 137.00' 071'31'15" 504'46'54"E 160.12' 314 15th Street Vancouver, uver,WA 98660-2927 360.695.3488 H D 360.695.8767 fax A DIVISION OF PBS" www.hdjdg.com DRAWN BY: RFS I SCALE: N/A 8/26/2016 CHECKED BY: TLG I JOB NO.: 4265-00 SHEET 2 OF2 @HD I Exhibit "D3" Public Utility Easement Legal Description Being an 8 foot wide strip of land located in the Northwest and Southwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, and being 4 feet wide on each side of the following described centerline: COMMENCING from the Northeast corner of Parcel 1 of Partition Plat 2007-064, Washington County Survey Records; Thence North 30058'43" East, along the northerly extension of the east line of said Parcel 1, for a distance of 7.00 feet to the south line of SW Hunziker Street; Thence South 59033'18" East, along the Southerly right-of-way line of SW Hunziker Street, for a distance of 20.00 feet to the Northeast corner of that tract of land deeded to Wall Street Industrial, LLC and Richard Vial as described in Deed Document Number 2007-019323, Washington County Deed Records; Thence South 30058'43" West, along the Easterly line of said Vial tract, for a distance of 14.56 feet to a point; Thence South 59001'17" East, for a distance of 54.00 feet to the TRUE POINT OF BEGINNING of the herein described centerline; Thence South 30058'43" West, along a line parallel with said Easterly line of the Vial tract, for a distance of 1464.02 feet to the beginning of a 133.00 foot radius curve to the left; Thence along the arc of said 133.00 foot radius curve to the left, through a central angle of 71031'15" (the long chord of which bears South 04046'54" East, a distance of 155.45 feet), for an arc distance of 166.02 feet to a point that is 54.00 feet northerly of when measured perpendicular to the Northerly right-of-way line of the TriMet Westside Express Service rail line; Thence South 40032'31" East, along a line parallel said Northerly right-of-way line, for a distance of 332.29 feet to a point on the Easterly line of Tract 1 of that tract of land deeded to David M. Munro in Deed Document Number 2015-068819, Washington County Deed Records and the POINT OF TERMINUS of the herein described centerline; Extending sidelines of said 8 foot strip, Northerly and Easterly, to meet the lines of said Deed Document Number 2015-068819 and proposed right-of-way takes. Contains in all 15,699 square feet or 0.360 acres, more or less. See Exhibit Map attached hereto. REGISTERED PROFZRIVU ON LANDOR OREGON XLY 19, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 N30'58'43"E 7.00' S59'33'18"E 20.00' OF EXHIBIT D4 COMMENOCIEMENT S30'58'43"W 14.56' / lzi PUBLIC UTILITY S59'01'17"E 54.00' POINT OF rRFET EASEMENT PARCEL 1 / BEGINNING AUGUST 26, 2016 T.L. 800 O MAP 2S 1 01CA DAVID M. MUNRO, SUCCESSOR / TRUSTEE OF THE FRED W. O FIELDS REVOCABLE LIVING O CURRENT / TRUST AGREEMENT LOT LINE n TL 1100 L / PROPOSED 4 4' EASTERLY RIGHT—OF—WAY TRACT A / 4' DEDICATION OLD LOT LINE 8 TL 100/800 S30'58'43"W 1464.02' PARCEL 2 T.L. 100 / MAP 2S 1 01CA PROPOSED / DAVID M. MUNRO, SUCCESSOR WESTERLY RIGHT—OF—WAY TRUSTEE OF THE FRED W. DEDICATION / FIELDS REVOCABLE LIVING TRUST AGREEMENT PROPOSED PUBLIC / UTILITY EASEMENT 15699 SQ. FT. 0.360 ACRES NEW RIGHT—OF T.L. 1100 WAY LINE/ / MAP 2S 1 01 DAVID M. MUNRO, SUCCESSOR / TRUSTEE OF THE FRED W. FIELDS REVOCABLE LIVING TRUST AGREEMENT R=133.00' / L=166.02' A=071'31'15" I CH=SO4*46'54"E 155.45' (n+A� 314 W 15th Street \ Vancouver,WA 98660-2927 �F \. S40'32'31"E � 360.695.3488 siS ��S 332 29' 360.695.8767 fax sCnp�S/ \ A DIVISION OF PBS- I www.hdJdg.com POINT OF DRAWN BY: RFS SCALE: 1"=200 8/26/2016 TERMINUS\ CHECKED BY: TLG JOB NO.: 4265-00 SHEET 1 OF 1 AN A DIVISION OF PBS Exhibit "E1" Waterline Easement Legal Description Being a 20 foot wide strip of land located in the Southwest Quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, and being 10 feet wide on each side of the following described centerline: COMMENCING from the most westerly Southwest corner of Lot 1 of the plat "Tech Center Business Park", Washington County Survey Records (from which a 5/8" iron rod bears South 02036'28" West, 0.49 feet); Thence North 02036'28" East, along the Westerly line of said Lot 1, for a distance of 43.78 feet to the TRUE POINT OF BEGINNING of the herein described centerline; Thence North 40°32'31" West, along a line 30 feet Northerly of and parallel with the Northerly right-of-way line of the TriMet Westside Express Service rail line, for a distance of 1091.10 to a point on the Easterly line of Tract 1 of that tract of land deeded to David M. Munro in Deed Document Number 2015-068819, Washington County Deed Records and the POINT OF TERMINUS of the herein described centerline; Extending sidelines of said 10 foot strip Westerly, to meet said East line of said Deed Document Number 2015-068819 and Easterly to meet the West line of said Lot 1. Contains in all 21,822 square feet or 0.501 acres, more or less. See Exhibit Map attached hereto. REGISTERED PROF SIONAL LAND Y OREGON JULY 18, 1982 TERRY GOODMAN 1989 RENEWAL DATE: 6-30-17 T.L. 1100 EXHIBIT E2 MAP 2S 1 01 DAVID M. MUNRO, SUCCESSOR TRUSTEE WATERLINE EASEMENT OF THE FRED W. FIELDS REVOCABLE LIVING AUGUST 26, 2016 TRUST AGREEMENT / PROPOSED RIGHT-OF-WAY DEDICATION T.L. 1600 POINT OF MAP 2S 1 01 TERMINUS DAVID M. MUNRO, SUCCESSOR TRUSTEE OF THE FRED W. FIELDS REVOCABLE LIVING \� TRUST AGREEMENT \� PUBLIC \\y� UTILITY EASEMENT \� 21,822 SO. FT. \� 0.501 ACRES N 40'32'31"W 1091.10' cl j � c� F 10' fto' LOT 1 S �\ T.L. 4500 MAP 2S 1 01 DC SUMMIT PROPERTIES, INC. \\ POINT OF \� BEGINNING \ \ NO2'36'28"E 43.87' PROPOSED POINT OF RIGHT-OF-WAY COMMENCEMENT DEDICATION 314 15th Street Vancouver. uver,WA 98660-2927 360.695.3488 360.695.87678767 fax A DIVISION OF PBS" www.hdidg.com DRAWN BY: RFS SCALE: 1"=200' 8/26/2016 CHECKED BY: TLG JOB NO.: 4265-00 SHEET 1 OF 1