88-43086 ~ Washington Street ~ 72nd Street ` .
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CITY OF TIGARD, OREGON �� �*�u��R��
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Washington County
K/
ORDINANCE NO. 88
" AN ORDINANCE VACATING A PORTION OF SW WASHINGTON STREET, A DEDICATED PUBLIC
� RIGHT-0E—WAY LOCATED WITHIN ROSEWOOD ACRE TRACTS, A RECORDED SUBDIVISION PLAT,
x
IN THE CITY OF TIGARD, WASHINGTON COUNTY, 0REQ00.
WHEREAS, a vacation request was received and filed with the City Recorder for
vacation of a portion of 9W Washington Street; and
WHEREAS, the reason and purpose for this vacation is to return m portion of
the SW Washington Street right—of—way to private ownership; and
WHEREAS, the vacation is recommended by the Planning Commission and the
Department of Community Development; and
WHEREAS, in accordance with ORS 271 . 100, the TMC Section 15.00. 110, the
Council fined a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271 .080; and
WHEREAS, the Council' having held a hearing on July 25^ 1988' finds the public
interest will not be prejudiced by the vacation an provided by 0R8 271 . 120 and
TMC Section 15.08. 130; and
WHEREAS, the Council finds that the following conditions are necessary to
vacate said land:
1. The vacation shall not be effective until the effective date of this
Ordinance, and a certified copy of this Ordinance has been recorded with
the Washington County Clerk, Assessor, and Surveyor.
THE CITY OF TICARD ORDAINS AS FOLLOWS:
Section l: The Tigard City Council hereby orders the vacation of a portion '
of SW Washington Street as described and shown on the attached
Exhibit "A'" and by this reference made part hereof.
Section 2. The Tigard City Council further orders that the vacation be
subject to the following conditions:
1. The vacation shall not be effective until the effective
date of this Ordinance, and a certified copy of this
Ordinance has been recorded with the Washington County
Clerk, Assessor, and Surveyor.
Please return original
recorded document to.,
Recorder/Tigard
P 0 Box 23397
ORDINANCE NO. 88OR 97223 '
Page 1
1 - 4
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^ ~ �4;ection 3: This Ordinance shall be effective on the 31st day after its
enactment by the City Council and approved by the Mayor,
subject to the terms and conditions included within the
Ordinance.
PASSED: By vote of all Council members present
aft number and title only, this day
of ' 1088.
APPROVED: Tcorder
his Thio '�\��-�| day of ^ 1980.
Thomas M. Brian, Mayor
Approved as to form:
<'Fu
City AtJ�n-e�y
,
Date
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ht/5912D
STATE OF OREGON } -
� County of Washington �
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City of Tigard ] /
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I, CATHERINE WHEATLEY' HEREBY CERTIFY THAT I am the duly appointed, qualified
and acting Deputy City Recorder of the City of Tigard' Oregon.
I further ertify that I have compared the herewith copy of ORDINANCE
NO. of the City of Tigard with the original in my possession as
custodian of the official records of the City of Tigard, and that the herewith
copy is a correct transcript of ORDINANCE NO. .
IN WITNESS HERE0F, reunto set my hand and seal of the City of Tigard
this day of , 19 �� .
EXHIBIT "All
A portion of S.W. Washington Street in the plat of ROSEWOOD ACRE TRACTS
in Section 13 T. 2 S*., R. 1 W., W.M. Washington County, Oregon, described as
follows:
Beginning at a point on the North line of S.W. Washington Street as
dedicated in the plat of Rosewood Acre Tracts, said point being North 89° 24'
2411 East 17.92 feet from the Northwest corner of the East 1/2 of the Northeast
1/4 of Section 13; thence continuing North 89° 24' 2411 East along said North
line a distance of 441.08 feet; thence South 30-00 feet to a point in the
South line of said S.W. Washington Street; thence South 890 0 241 2411 West along
said South line a distance of 419.82 feet; thence South 48 411 4211 West 25.53
.
feet; thence North 610 44' 53" West 22.26 feet to a point in the Easterly
right-of-way line of S.W. Upper Boones Ferry Road as now laid out; thence
Northeasterly along the' are of a 490.00 foot radius curve to the left (the
chord of which bears North 25° 541 4011 East 40.11 feet) a distance of 40.13
feet to the point of beginning... .
Containing 13,816 square feet more or less....
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STATE OF OREGON
County of Washington SS
1,Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio,County Clerk
. 45
19BB SL i� I i:1
(NOTE: PUBLIC r,EARINGS TO BE SCHEDULED FOR 1st —3rd MEETINGS ONLY)
CITY RECORDER TIMELINE - EASEMENT/STREET VACATIONS
Date
4-Consent Agenda Resolution No.
-,c` `Remo to Engineering (Clarno) & Planning (Liden)*with a copy of
letter that is going to affected property owners. *cc Diane
Jul, / -
to Utility Companies with specific reply date.
�randum to Engineering (Clarno) requesting posting of
notice of public hearing (5 days after 1st date of publication)
liver ad to newspaper (5 consecutive publications)
t- Publication
'Manning Commissior Review
v Responses back from utility companies have copies made and
send to Engineering (Clarno)
-/-
-, ready for Ordinance for consideration
7-: blit`"Hearing - Ordinance
Post Ordinance
Send Ordinance to Washington County for recording.
NORTHWbi- NATURAL GAS COMPANY
220.N.W.SECONO AV
UE-N 7709-3991
- �Tks(1�}O7RE
(501) 226-4211 W n
N, OV 81995
November 3, 1995 CITY OF TIGARD
City of Tigard
Michael J. Anderson
13125 SW Hall Blvd
Tigard, OR 97223
RE: 83-BB54
88-43061 - -
We have no record of having received final ordinances for the above
',�,' �street vacations. Please send the final legal papers for both so that we
may update our records. Please include a sketch with the actual
vacation areas shown.
If you have any questions call me on Ex. 4338. Thank you for your
assistance.
Sincerely,
--D
Kay Stanley
Engineering Department
CITY CSF TIIFARD
OREGON
July 14, 19$$
Mr. Tim Russell
ARNAF Systems, Inc.
P.O. Box 23939
Tigard, OR 97223
Subject: S.W. Washington Street Vacation Proposal
Mr. Russell:
Enclosed you will find a copy of the information City Council reviewed prior
to initiating street vacation proceedings for a portion of S.W. Washington
Street. A. public hearing, at which Council will most likely approve or
disapprove the vacation, is scheduled for July 25, 1988 at City Hall. Your
concerns relative to access, I believe, have been addressed. However, should
you have any more concerns, please give me a call.
Sincerely,
Randy S. Clarno
Development Services Manager
Encl.
br/5955
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
AFFIDAVIT OF POSTiNG
In the Matter of the Proposed
ipki
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STATE OF OREGON
County of Washington) ss.
City of Tigard
I, Sber-u] fnac, Simmons being first duly sworn, on
oath depose and say.
That I posted in the following public and conspicuous places, a
copy of Notice of Public Hearing of the S.W. Washington Street Right-of-Way
Vacation a copy of said notice being
hereto attached and be reference made a part hereof, on the 24thday of
June -, 19 88
1. Notice No. 1 posted on a 41 survey lath driven into the ground on the
north side of driveway off of Upper Boones Ferry Road, at the western
end of right-of-way to be vacated.
2. Notice No. 2 posted on a 41 survey lath driven into the ground at a point
approximately 2201 east of Notice No. 1 , lying within the right-of-way
to be vacated and within a planting strip between tax lot 400, SE 14 of
SE 41 of Section 12, T2S, R1W, W.M., Washington County, Oregon, and the
paved parking of Oregon Business Park.
3. Notice No. 3 posted on a 41 survey lath driven into the ground at a point
approximately 1001 east of Notice No. 2 and lying within the same
planting strip.
(See attached map for approximate notice locations.)
J
Subscribed and sworn to before me this b
May of JAJ,�3
199Y
Notary Public for Oregon
Affidavit of Posting My Commission Expires: �5-11W-ql
CITY OF TIGARD
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NOTIC JF SW WASHINGTON STREET RIGHT—G. 4AY VACATION
The Tigard City Council will hold a public hearing on Monday, July 25' 1988 at
7:80 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of a street right—of—way at
SW Washington Street' in the City of Tigard. The request was initiated by the
City Council on June 13' 1008 at the request of adjoining property owners.
Any interested person may appear and be heard for or, against the proposed
vacation of said lands. Any written objections or remonstrances shall be
filed with the City Recorder by July 25, 1080, by 7:30 PM.
TT Publish Jung 23, 30 and July 7' 14 and 21' 1088
co/5068D
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(503) 639 4171
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CITY CSF TIIFARD
July 5 , 1988 OREGON
Mr . Dick Buono, Vice President
PacTrust
111 SW Fifth Ave . , Suite 2950
Portland, OR 97204
Subject : S.W. Washington Street Vacation
Dick:
Please find enclosed your receipt for the $300 deposit
you recently mailed to cover expenses associated with
the S .W. Washington Street Vacation.
Sincerely,
Randy . Clarne-
Development Services Manager
Encl .
Jbr
13125 SW Holl Blvd.,P.O.Box 23397,11gord,Oregon 97223 (,503)639-4171
30 a8
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lUaft tette
C A B L E T V
June 29, 1988
City of Tigard
Attn: Randy S. Clarno
13125 SW Hall Blvd.
Tigard, OR 97223
Subject: Vacations
Gentleman;
At this time, Willamette Cable TV has existing facilities
located in the public right-of-way. We are presently attached
to the existing power poles in the following Vacations:
1. A portion of SW North Dakota Street
2. A portion of SW 79th Ave.
3. Unnamed right-of-way near Greenburg & Hall
,The vacations not noted here do not at present have existing
utilities. We would appreciate at least two weeks notice before
any work is to be started on the above vacations. I have attached
maps of our facilities of the indicated areas.
If you have any further questions, feel free to call or
write. Thanks.
Sincerely,
Craw'A. Eyestone'
Operations Engineer
CAE/dij
enclos.
(503)644-3188
108 11700 Estimated Expenses For Vacation of Washington Street 300.00 1413
Between Subotnick and OBPI - Bldg 18
PAcTRus-r 111 S.W. FIFTH AVE., SUITE 2950 • PORTLAND, OREGON 97204 10159
_----Inter-Office R 10
General Telephone Company
Date: June 27, 1988 of the Northwest, Inc.
Subject: VACATION NOTICE - 5475D
From: R.M. Olsen, Service Supervisor - Engineering, Tigard
To: Randy S. CZarno, Development Service Mgr., P.O. Box 23397, Tigard 97223
GTE Northwest Incorporated has facilities along 79th Avenue south of
Bonita Road (Iten # 1 on your list of five vacation proposals).
Please provide a private easement to protect our interests.
Thank you,
R.M. Olsen
R.M.O:bt
Attachment:
609123(11 85)
W
NORTHWEST NATURAL GAS COMPANY
220 N.W.SECOND AVENUE PORTLAND,OREGON 97209
(503) 226-4211 June 23 , 1988
City of Tigard
Attn: Randy S. Clarno
P.O. Box 23397
Tigard, Oregon 97223
Re: Proposed Vacation of a portion of SW Washington
Street , T2S, RlW, 13A
Dear Mr. Clarno:
Please be advised that Northwest Natural Gas Company
has no facilities within the proposed vacation area.
We would, therefore, have no objection to the City
vacating the area.
Please notify us when the vacation is complete so
that we can update our records accordingly.
Sincerely,
b� &0-e
Diantha G. Beal
Engineering Department
CC: R. Polvi
Vacation File
Plat : 47-22
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Keith Liden, Senior Planner June 23, 1988
FROM: Randy Clarno, Development Services Manag 6 rex�
SUBJECT : Scheduling of Street and Easement Vacations before Planning
Commission
Per our recent discussion, I would like to schedule several street and
easement vacations before Planning Commission in July and August. My proposed
schedule is as follows:
July 5, 1988 Planning Commission Meeting
1. A portion of SW North Dakota Street
2. A portion of SW 79th Avenue Oje
3 . A portion of SW Washington Street k
August 2, 1988 Planning Commission Meeting
1 . Public Utility Easement -- lot 6, Murdock Hill
2. Franklin Commons public right.--of--way
Let me know when the deadlines are for submitting materials so I can prepare a
short memo and map. We need to emphasize to the Commission that their review
is to focus on land--use, not facilities, -Thanks .
ht/5551D
Y to tiK,
NOTICw Y SW WASHIMGTON STREET RIOT—OF—WAY VACATION
The Tigard City Council will hold a public hearing on Monday, July 25' 1088 at
7:30 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hall Bnulevard,
Tigard, Oregon to consider the proposed vacation of a street right—of—way at
SW Washington Street, in the City of Tigard. The request was initiated by the
City Council on June 13' 1088 at the request of adjoining property owners.
Any interested person may appear and be heard for or against the proposed
vacation of said lands . Any written objections or remonstrances shall be
filed with the City Recorder by July 25, 1088, by 7:38 PM.
TT Publish June- 23, 30 and July 7, 14 and 21^ 1988
no/5068D
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June 20' 1988
The City of Tigard in considering vacation of the areas shown on the attached
mapy. Pluaoe respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved . Also, cite any g
you would recommend to protect your interests.
Area to Be Vacated Problems to Be Addressed
1 . A portion of SW Washington
Street.
Due to time constraints, please return this letter and any concerns you have
regarding this matter by Mond--- y, July 8' 1980 to me at Uva address below.
Thank you for your help.
Sincerely,
Randy S. Clarno
Development Services Manager
ke/647SD
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Jim Ryan
PGE Company
14055 SW 0l6 Soholls Ferry Road
Beaverton, OR 97005
Jack Mills
Northwest Natural Gas Co.
210 NW Second Avenue
Portland, OR 97289
Bob Olson
General Telephone Cncmpany
P0 Box 23416
Tigard, OR 97223
Bob Santee
Tigard Water District
8841 SW Commercial Street
Tigard, OR 97223
Tum Thompson
Tualatin Rural Fire Protection District
PO Box 127
Tualatin' OR 97062
Frank Stone
Willamette Cable
14200 SW Brigaduun Court
Beaverton, OR 97005
Chief of Police
Tigard Police Department..
CITYFTIIA RD
June 20, 1988 OREGON
Jim Ryan
PGE Company
14655 SW Old Scholls Ferry Rd
Beaverton, OR 97005
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interests.
Area to Be Vacated Problems to Be Addressed
1. A portion of SW 79th Avenue_ _OEED _ EAS nnt,tf ��- POLE Lj,,jE.
2. A portion of SW Washington Street p ekogLEN'5
3. Unnamed Right-of-Way near
Greenburg and Hall.
4. A portion of SW North Dakota Street � �� i ASEsnEdT tort o��2K AD , LI'vIL,
5. Utility easement - Lot 6, Murdock fAAP, s,lo--p SEitskcE.
Hill aaoSSIto(- LbT4 - 5E SuotucYo2s MCI-
00Skck'-(- To Si.*- SrRUfCrE-
iS TNF &A�s;NAt'sWr.
Due to time constraints, please return this letter and any concerns you nave i
regarding this matter by Monday, July $, 1988 to me at the address below.
Thank you for your help.
Sincerely,
TIA
Randy S Clarno
Development: Services Manager
ht/5475D
13125 SW Hol!Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY OF TIGA M
June 20, 1988 OREGON
Bob Santee
Tigard Water District
8841 SW Commercial Street
Tigard, OR 97223
The City of Tigard is considering vacation of the areas shown on the attached
maps. Please respond, in writing, with regard to any concerns you foresee
should these proposed vacations be approved. Also, cite any conditions of
approval you would recommend to protect your interests.
Area to Be Vacated Problems to Be Addressed
1. A portion of SW 79th Avenue *Existing 8" Ductile Iron Pipeline
2. Utility easement - Lot 5, Murdock Hill None
3. A portion of SW North Dakota Street *Existing 6" Cast Iron Pipeline
4. A portion of SW Washington Street None
CONDITIONS FOR APPROVAL:
*Easements for these pipelines must be included in any proposed vacations.
(See attached maps showing existing pipelines in red)
ROBERT F- SAIN I E
Due to time constraints, please return this letter and any concerns you have
regarding this matter by Monday, July 8, 1988 to me at the address below.
Thank you for your help.
Sincerely,
Randy S. Clarno
Development Services Manager
ht/5475D
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Randy Clarno June 20, 1988
FROM: Cathy Wheatley
SUBJECT: Rights-of-Way Vacati forS W. North Dakota Street,
S.W. 79th Avenue, S*VX'-,YWhitigton Street
Attached are notices of rights-of-way vacation for the above referenced
streets. Would you please have your staff post the notices between the
dates of June 23 and June 28, at or near the end of each of the areas to
be vacated. (I've attached a vicinity map for each one as well.)
Once posted, an affidavit of posting must be completed and returned to
me. Thanks for your help.
ow
' w
CITY OF TIGARD, OREGON
RESOLUTION NO. 88
A RESOLUTION CONCERNING VACATION OF A PORTION OF THE SW WASHINGTON STREET
PUBLIC RIGHT—OF--WAY LOCATED WITHIN ROSEWOOD ACRE TRACTS, A RECORDED
SUBDIVISION PLAT, IN THE CITY OF TICABD, WASHINGTON COUNTY, OREGON,
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of a portion of the SW Washington Street public right—of—way; and
WHEREAS, it appears this portion of the SW Washington Street right—of—way,
which was dedicated to the public in 1012 to accommodate street and utility
improvements, is no longer needed for public purposes; and
WHEREAS, all abutting property owners have demonstrated support for the
vacation; and
WHEREAS, the Tigard City Council finds it desirable to initiate vacation
.
proceedings for said public right—of—way.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings and that the
benefiting property owners will pay all fees and charges as set out in
TMC Chapter 16.08.
:
` (2) A public hearing is hereby called to be held by the City Council on
Monday, July 25, 1988' at 7:30 p.m. at the Tigard Civic Center Town Hall
Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time
and place the Council shall hear any objections thereto, and any
interested person may appear and be heard for or against the proposed
vacating of said lands .
(3) The City Recorder be, and she is hereby, authorized and directed to cause
to have published in the Tigard Times, a newspaper of general circulation
' in the City of Tigard hereby designated for such purpose, a notice of
said hearing in the form hereto attached and by this reference made a
part hereof, the first publication to be June 23' 1988, and once each
week thereafter for five pu6liahingo in all .
The Raoorder, be, and she is hereby, further directed to cause to have
posted within five (5) days after the date of first publication, a copy
of said notice in the form attached, at or near each end of the area
proposed to be vacated.
RESOLUTION NO. 88—qCf_
Page 1
(4) The particular portion of dedicated public street right-of-way proposed
to be vacated is described on the attached sheet headed Exhibit "H" and
by reference made a part hereof.
J-�
PASSED: This d=of1988
055
, City of Tigard
no
ATTEST:
Deputy�City�Reco"rder,�ity�of T�ird�
APPROVED AS TO FORM:
1 /1') ( I ) (��C,� -5
ity Recorder Date'
ric i et —I
he/4020D
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RESOLUTION NO. 88-
Page 2
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~ KKJT]OCE__ SW WASHINGTON STREET RIGHT--OF-4—, VACATION
The Tigard City Council will hold a public hearing on Monday' July 15^ 1988 at
7:80 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard, Oregon to consider the proposed vacation of a street right-of-way at
SW Washington Street, in the City of Tigard. The request was initiated by the
City Council on June 13' 1908 at the request of adjoining property owners.
Any interested person may appear and be heard for or, against the proposed
vacation of said lands . Any written objections or remonstrances shall be
filed with the City Recorder by July 25, 1988, by 7:30 PM.
IT Publish June 23, 30 and July 7^ 14 and 21, 1088
cy/5068D
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-AN & Lh W rsUL-W, LPiti.
SURVEYING
4-827 N: E. 105th AVENUE
PORTLAND, OREGON 97220
503 — 2540734 Y '
X14!r--!�,iT
A portion of S.W. Washington Street in the plat of ROSEWOOD .A.CRE TRACTS
in Section 13 T. 2 S., R. 1 W., W.M. Washington. County, Oregon described
as follows;
Beginning at a point on the North line of S.W. Washington Street as
dedicated in the plat of Rosewood Acre Tracts, said point being North
890 241 211" East 17.92 feet frac the Northwest corner of the East �j of the
Northeast 'Ij if Section 13; thence continuing North 890 2111 24" East along
said North line a distance of W.08 feet; thence South 30.00 feet to a point
in the South line of said S.W. Washington Street; thence South 890 241 240
West along said South line a distance of 419.82 feet; thence South 480 411 42"
West 25.53 feet; thence Nsrth 610 441 53" West 22.26 feet to a point in the
Easterly right of way line of S.W. Upper Boones Ferry Road as now laid out;
thence Northeasterly along the are of`a 490,00 foot radius curve to the left
(the chord of which bears North 250 541 40" East 110.11 feet) a distance of
150.13 feet to the point of beginning....
Containing 13,816 sq. ft. more or less...
RIMSTEREID
PROFE'E SXMAL:
LA
9LWVI YOR
O liVGON
MAY 8, 1959
GENE . 7 5UTHOLD
`rrrr.r�r�rr ri
_
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CITY OF_TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: June t3,. 1988 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Street v PREVIOUS ACTION: None
request - a portion of SW Washington
Street PREPARED BY: Desio .ment Services.111
Pa
DEPT HEAD OK CITY ADMIM OKNfell REQUESTED BY: Adi n_ owners
POLICY ISSUE
Council initiated street vacation request — consistent with Council policy as
adopted by Resolution No. 87-30
INFORMATION SUMMARY
Attached in a written request by Pacific Realty Associates, L.P. (Pao—trust)
for Council to initiate vacation proceedings for m portion of SW Washington
Street. SW Washington Street, which is located near the intersection of SW
72nd Avenue and Upper 800nea Furry Road, is a short, narrow right—of—way
created in the early 1000' o. The purpose of the vacation is to return public
right—of—way to private ownership. The vacation in supported by all adjoining
property owners,
ALTERNATIVES CONSIDERED
1 . Approve the attached resolution calling for a public hearing on July 25,
1988.
2. Take no action at this time and require the property owners to circulate
�
. a formal street vacation petition.
FISCAL IMPACT
1 . All fees and staff time to be paid by applicant.
SUGGESTED ACTION
Staff recommends alternative #1 .
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P=TRusT 111 S.W.Fifth Ave..Suite 2950
Portland,Oregon 97204
Pacific Realty Assooetes,L.P. 503/224*6540
April 25, 1988
Randy Clarno, Director
Development Services
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Dear Randy:
Re: Vacation of a Portion of Washington Street
I am enclosing three copies of a legal description and three copies of a
map prepared by our surveyor of the portion of Washington Street we wish
to have vacated adjacent to our Oregon Business Park property.
Also enclosed is a copy of a portion of Tax Map 2SI12DB and a portion of
Tax Map 2SI13AA showing the portion of S.W. Washington Street referred to
in the survey map and its relationship to adjoining properties.
Tax Lots 300, 400 and 500 of Map 2SI13AA belong to Pacific Realty
Associates, L.P. and are part of Oregon Business Park. Tax Lot 400 of
Map 2S1I2DB is owned by Leonard Subotnick, Ruth Subotnick, Lottie L.
Kaufman and Judith Fuson. The improvements on Tax Lot 500 of Map 2SI12DB
are owned by Pacific Realty Associates, L.P. and the land underlying that
property is owned by Leonard and Ruth Subotnick and Lottie L. Kaufman.
As you can see, the majority of S.W. Washington Street in this vicinity
has been vacated previously and the street as a public thoroughfare serves
no reasonable public purpose. We feel that since it is a dedicated public
street that is more or less a limited accessway for our operation and the
Cedar Ply building on Tax Lot 400 of Map 2SI12DB, there may be some
liability for the City of Tigard in continuing S.W. Washington Street as a
public street. Certainly the City should wish to avoid any maintenance
responsibilities with respect to S.W. Washington Street as shown on these
documents.
We would appreciate it if you would have a Resolution for Vacation
prepared for presentation to the Tigard City Council vacating the portion
of S.W. Washington Street described on the enclosed documents. Hopefully,
the Resolution can be before the City Council during May in order to
establish a hearing date of June 27, 1988.
Randy Clarno, Director
Page 2
April 25, 1988
1 have forwarded a copy of this letter and enclosures to Mr. and Mrs.
Subotnick, Mrs. Kaufman and Ms. Fuson. As you have seen, they are
committed to support this request under the terms of the lease of Tax Lot
400 of Map 2S112DB.
If you have any questions, please let me know.
Sincerely,
Y A CIATES, L.P.
)hardF. Buono
Vice President
Encls.
cc: Leonard and Ruth Subotnick
Lottie L. Kaufman
Judith Fuson
Peter F. Bechen
Wiitala Management, Inc.
CITiRD
June 14, 1988
RE: SW Washington Street Vacation Hearing
Dear Property Owner:
The Tigard City Council will hold a public hearing on Monday, July 25, 1988,
at 7:30 p.m. at the Tigard Civic Center Town Hall Room, 13125 SW Hall
Boulevard, Tigard, Oregon to consider the proposed vacation of the above
mentioned street right-of-way (see enclosed location map). Any interested
person may appear and be heard for or against the proposed vacation of said
lands. Any written objection or remonstrance shall be filed with the City
Recorder by July 25, 1988, by 7:30 p.m. at Tigard City Hall at the address
listed above.
The vacation requested was initiated on June 13, 1988, by the Tigard City
Council at the request of ajoining property owners. A legal description of
the parcel to be considered for vacation is also attached for your information.
If you need further information, please contact my office.
Sincerely,
` W
Loreen R. Wilson
Citv Recorder
ht/5041D
Enclosures
cc: Planning Division
Engineering Division
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
CITY OF TIGARD, OREGON
RESOLUTION NO, 88-44-7
A RESOLUTION CONCERNING VACATION OF A PORTION OF THE SW WASHINGTON STREET
PUBLIC RIGHT—UF—WAY LOCATED WITHIN ROSEWOOD ACRE TRACTS, H RECORDED
SUBDIVISION PLAT, IN THE CITY OF TIQARD, WASHINGTON COUNTY, OREGON.
WHEREAS, a vacation request has been received and filed with the City Recorder
for vacation of a portion of the SW Washington Street public right—of—way; and
WHEREAS, it appears this portion of the SW Washington Street right—of—way,
which was dedicated to the public in 1012 to accommodate street and utility
improvements, in no longer needed for public purposes; and
WHEREAS, all abutting property owners have demonstrated support for the
vacation; and
WHEREAS, the Tigard City Council finds it desirable to initiate vacation
proceedings for said public right—of—way. .
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council initiates the vacation request with the
understanding that those property owners who would normally sign a
petition shall be notified by mail of the proceedings and that the
benefiting property owners will pay all fees and charges as set out in
TMC Chapter 15.08.
/
(2) A public hearing is hereby called to be held by the City Council on
Monday, July 25, 1988, at 7:30 p.m. at the Tigard Civic Center Town Hall
Room, 13125 SW Hall Boulevard, within the City of Tigard, at which time
and place the Council shall hear any objections thereto, and any
interested person may appear and be heard for or against the proposed
vacating of said lands.
(3) The City Recorder be, and she is hereby, authorized and directed to cause
to have published in the Tigard Times, a newspaper of general circulation
in the City of Tigard hereby designated for such purpose, a notice of
said hearing in the form hereto attached and by this reference made a
part hereof, the first publication to be June 23, 1088, and once each
week thereafter for five pubIlyhings in all.
The Recorder be, and she is hereby, further directed to cause to have
posted within fixe (5) days after the date of first publication, a copy
of said notice in the form attached, at or near each end of the area
proposed to he vacated.
��
RESOLUTION NO, 88—_!_L_
Page 1
'
(4) The particular portion of dedicated public street right-of-way proposed
to be vacated is described on the attached sheet headed Exhibit "A" and
by reference made a part hereof.
�h
PASSED: This day of 1988
City of Tigard
ATTEST: -
APPROVED AS TO FORM:
`
6;City tEc`ordeir Date'
he/4020D
�
RESOLUTION NO. 88-
'
The Tigard City Council will hold a public hearing on Monday, July 25' 1988 at
7:30 PM, at Tigard Civic Center Town Hall Room, 13125 SW Hall Boulevard,
Tigard' Oregon to consider the proposed vacation of a street right—of—way at
SW Washington Street, in the City of Tigard. The request was initiated by the
City Council on Juno 13^ 1908 at the request of adjoining property owners.
Any interested person may appear and be heard for or, against the Proposed
vacation of said lands. Any written objections or remonstrances shall be
filed with the City Recorder by July 25, 1088' by 7/38 PM.
TT
Publish June 23, 30 and July 7, 14 and 21, 1088
oy/B}08D
`
`
—AN & Lhv_1r1vL.u, Mt-;-
SURVEYING
4827 N. E. 105th AVENUE
PORTLAND, OREGON 97220
503 — 254-0734 '
F:--:XNIr-3,iT
A portion of S.W. Washington Street in the plat of ROSEWOOD .ACRE TRACTS
in Section 13 T. 2 S., R. 1 W., W.M. Washington County, Oregon described
as follows:
Beginning at a point on the North line of S.W. Washington Street as
dedicated in the plat of Rosewood Acre Tracts, said point being North
890 241 24" East 17.92 feet from the Northwest corner of the East Ig of the
Northeast 3 , if Section 13; thence continuing North 890 241 24" East along
said North line a distance of 441.08 feet; thence South 30.00 feet to a point
in the South line of said S.W. Washington Street; thence South 890 241 24"
West along said South line a distance of 419.82 feet; thence South 480 41' 42"
West 25.53 feet; thence North 610 44, 53" West 22.26 feet to a point in the
Easterly right of way line of S.W. Upper Boones Ferry Road as now laid out;
thence Northeasterly along the are of'a 490.00 foot radius curve to the left
(the chord of which bears North 250 541 40" East 40.11 feet) a distance of
40,13 feet to the point of beginning....
Containing 13,816 sq. ft. more or less...
REGISTEFZM
PROFEFEONAL'
9tlt fYOft
p GON
MAY 8. 1959
GENE A.
5UTHOLD
111 S.W. Fifth Ave.,Suite 2950
PAcThusT Portland,Oregon 97204
Pacific Realty Associates,L.R 503/224*6540
April 25, 1988
Randy Clarno, Director
Development Services
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Dear Randy:
Re: Vacation of a Portion of Washington Street
I am enclosing three copies of a legal description and three copies of a
map prepared by our surveyor of the portion of Washington Street we wish
to have vacated adjacent to our Oregon Business Park property.
Also enclosed is a copy of a portion of Tax Map 2S112DB and a portion of
Tax Map 2S113AA showing the portion of S.W. Washington Street referred to
in the survey map and its relationship to adjoining properties.
Tax Lots 300, 400 and 500 of Map 2SI13AA belong to Pacific Realty
Associates, L.P. and are part of Oregon Business Park. Tax Lot 400 of
Map 2S112DB is owned by Leonard Subotnick, Ruth Subotnick, Lottie L.
Kaufman and Judith Fuson. The improvements on Tax Lot 500 of Map 2S112DB
are owned by Pacific Realty Associates, L.P. and the land underlying that
property is owned by Leonard and Ruth Subotnick and Lottie L. Kaufman.
As you can see, the majority of S.W. Washington Street in this vicinity
has been vacated previously and the street as a public thoroughfare serves
no reasonable public purpose. We feel that since it is a dedicated public
street that is more or less a limited accessway for our operation and the
Cedar Ply building on Tax Lot 400 of Map 2S112DB, there may be some
liability for the City of Tigard in continuing S.W. Washington Street as a
public street. Certainly the City should wish to avoid any maintenance
responsibilities with respect to S.W. Washington Street as shown on these
documents.
We would appreciate it if you would have a Resolution for Vacation
prepared for presentation to the Tigard City Council vacating the portion
of S.W. Washington Street described on the enclosed documents. Hopefully,
the Resolution can be before the City Council during May in order to
establish a hearing date of June 27, 1988.
Randy Clarno, Director
Page 2
April 25, 1988
I have forwarded a copy of this letter and enclosures to Mr. and Mrs.
Subotnick, Mrs. Kaufman and Ms. Fuson. As you have seen, they are
committed to support this request under the terms of the lease of Tax Lot
400 of Map 2SI12DB.
If you have any questions, please let me know.
Sincerely,
Y A CIATES, L.P.
PRii hard W. Buono
Vice President
Encls.
cc: Leonard and Ruth Subotnick
Lottie L. Kaufman
Judith Fuson
Peter F. Bechen
Wiitala Management, Inc.
LEASE WITH OPTION TO PURCHASE
DATED: December 31, 1987
BETWEEN: LEONARD SUBOTNICK and RUTH SUBOTNICK,
husband and wife; LOTTIE L. KAUFMAN,
formerly known as Lottie L. Siegel;
and JUDITH FUSON
15960 SW 72nd Avenue
Portland, Oregon 97224 LANDLORD
AND: PACIFIC REALTY ASSOCIATES, L.P. , a Delaware
limited partnership
111 SW Fifth Avenue, Suite 2950
Portland, Oregon 97204 TENANT
Tenant wishes to lease from Landlord the real property
situated in Washington County, Oregon, more particularly
described in the attached Exhibit A, together with the improve-
ments located thereon (the "Property" ) .
NOW, THEREFORE, Landlord hereby leases the Property to
Tenant on the following terms:
1. TERM.
This lease shall be for a term of 10 years commencing
on a date specified by written notice from Landlord to Tenant,
which date shall be not less than 30 days after the date of such
notice and not earlier than January 1, 1988 nor later than
July 1, 1988. If Landlord fails to notify Tenant of a commence-
ment date, then the lease term will commence on July 1, 1988.
2 . RENT .
2 . 1 Rent. Upon commencement of the lease term or
delivery of possession of the Property to Tenant, whichever is
later, and throughout the remainder of the term of this lease,
Tenant shall pay to Landlord as rent for the Property the sum of
2 .2 Manner of Rental Payments. Rent shall be payable
in advance on the first day of each month at the address for
Landlord set forth in this lease, or such other address as each
Landlord may designate in writing to Tenant.
2 . 3 Net Lease. This lease is intended to be a net
lease, meaning that Tenant shall pay all expenses of every type
relating to the Property, except as otherwise expressly provided
in this lease.
3 . USE OF PROPERTY; MAINTENANCE AND ALTERATIONS.
3 . 1 Permitted Use. The Property may be used for any
lawful purpose.
3 . 2 Compliance with Laws. In connection with such
use, Tenant shall comply at its expense with all applicable laws
and regulations of any public authority applicable to the Prop-
erty and its use.
3 . 3 Maintenance of Property. Landlord shall have no
obligation to make any repairs or perform any maintenance on any
improvements located on the Property.
3 . 4 Alterations. Tenant may from time to time con-
struct, improve, demolish, remove, replace, alter, reconstruct,
remodel or add to any improvements on the Property in whole or
in part as Tenant may deem necessary or desirable.
3 . 5 Street Vacation. Tenant shall have the right
during the lease term to apply for vacation of Washington Street
as it adjoins the Property. Landlord agrees to cooperate with
such vacation. Any portion of the vacated street which is
appurtenant to the Property shall become a part of the Property
for purposes of this lease and option to purchase.
4. TAXES AND ASSESSMENTS; UTILITY CHARGES.
4. 1 Pavment by Tenant. During the lease term Tenant
shall pay when due all taxes, assessments, and public charges on
the Property. Taxes and assessments for the first and last year
of the lease shall be prorated between Landlord and Tenant on
the basis of the portion of the tax year that Tenant occupies
the Property. Tenant may use any available installment payment
plans for special assessments and in such case shall be obli-
gated to pay only those installments falling due during the term
of this lease. Tenant may make applications for such install-
ment' payments in Landlord' s name as Landlord' s attorney-in-fact.
4. 2 Contesting Taxes. Tenant shall be entitled to
contest in good faith the amount of any tax or assessment, pro-
vided Landlord' s interest in the Property is not jeopardized
because of nonpayment. Landlord will cooperate with Tenant in
connection with such contests and will execute documents and
allow the contest to be conducted in its name wherever necessary
and reasonable. Any rebate received by Landlord on account of
any tax or assessment paid by Tenant shall be immediately paid
to Tenant.
2
4. 3 Payment of Utilities Charges. Tenant shall pay
when due all charges for services and utilities incurred in con-
nection with the use, occupancy, operation, and maintenance of
the Property, including but not limited to charges for fuel,
water, gas, electricity, sewage disposal, power, refrigeration,
air conditioning, and janitorial services.
5 . LIABILITY TO THIRD PERSONS.
5 . 1 Liens.
( a) Tenant shall pay as due all claims for work
done on or for services rendered or material furnished to the
Property, and shall keep the Property free from any liens, other
than liens or encumbrances permitted by Section 14 below. If
Tenant fails to pay such claim or to discharge any lien, Land-
lord may do so and collect such amount as additional rent.
Amounts paid by Landlord hereunder shall bear interest at the
rate of 2 percent per annum over the prime interest rate of
United States National Bank of Oregon as of the date of expen-
diture by Landlord and shall be payable on demand. Such payment
by Landlord shall not constitute a waiver of any right or remedy
Landlord may have because of Tenant' s default.
(b) Tenant may withhold payment of any claim in
connection with. a good faith dispute over the obligation to pay,
so long as Landlord' s property interests are not jeopardized.
If a lien is filed as a result of nonpayment, Tenant shall
within 10 days after knowledge of the filing secure the dis-
charge of the lien or deposit with Landlord cash or sufficient
corporate surety bond or other security satisfactory to Landlord
in an amount sufficient to discharge the lien plus any costs,
attorneys' fees, and other charges that could accrue as a result
of a foreclosure or sale under the lien.
5 . 2 Indemnification. Tenant shall indemnify and
defend Landlord from any claim, loss, or liability arising out
of or related to any action or inaction of 'Tenant, its sub-
tenants and invitees, or any condition of the Property.
6. LIABILITY INSURANCE.
Tenant shall continuously maintain at its expense com-
prehensive broad form public liability insurance in a respon-
sible company covering claims and liability for personal injury,
death, or property damaae with a combined single limit of not
less than
3
7. EMINENT DOMAIN.
In the event all or any portion of the Property is
condemned or purchased in lieu of condemnation, the entire award
or proceeds shall belong to Landlord, except (a) any portion of
the award attributable to Tenant' s fixtures, personal property
or moving expenses, and (b) the amount, if any, by which the
balance of such award exceeds the purchase price for the Prop-
erty stated in paragraph 12 below. The remainder of the award
shall belong to Tenant. If all of the Property is taken, the
lease shall terminate as of the date the condemning authority
takes possession; otherwise, the lease shall continue as to the
remainder of the Property, but the purchase price under the
option to purchase shall be reduced by the amount of the award
retained by Landlord and the rent shall be reduced in the pro-
portion to the reduction of the fair market value of the Prop-
erty due to the taking.
8. ASSIGNMENT.
Tenant shall have the right to assign, sublease or
otherwise transfer Tenant' s interest in this lease or the Prop-
erty without the prior consent of Landlord. In the event of any
such transfer, Tenant shall not be relieved of its obligations
hereunder, but shall remain primarily liable to Landlord for
performance of all such obligations.
9. DEFAULT.
The following shall be events of default:
9 . 1 Default in Rent. Failure of Tenant to pay any
rent or other charge within 10 days after written notice that it
is due.
9 .2 Default in Other Covenants. Failure of Tenant to
comply with any term or condition or fulfill any obligation of
the lease (other than the payment of rent or other charges)
within 30 days after written notice by Landlord specifying the
nature of the default with reasonable particularity. If the
default is of such a nature that it cannot be remedied fully
within the 30-day period, this requirement shall be satisfied if
Tenant begins correction of the default within the 30-day period
and thereafter proceeds with reasonable diligence and in good
faith to effect the remedy as soon as practicable.
10. REMEDIES ON DEFAULT.
Upon default, Landlord may exercise any one or more of
the following remedies, or any other remedy available under
applicable law:
4
10. 1 Retake Possession. Landlord may retake pos-
session of the Property, using summary proceedings if the Prop-
erty has not been vacated, and use the Property for Landlord' s
own purposes or relet it upon any reasonable terms, none of
which shall be deemed an acceptance of surrender by Tenant.
10.2 Damages for Default. Whether or not Landlord
retakes possession or relets the Property, Landlord may recover
all damages caused by the default (including but not limited to
unpaid rent, attorneys' fees relating to the default, and costs
of reletting) . Landlord may sue periodically to recover damages
as they accrue during the remainder of the lease term without
barring a later action for further damages. Landlord may at any
time bring an action for accrued damages plus damages for the
remaining term of this lease equal to the difference between the
rent specified herein and the reasonable rental value of the
Property for the remainder of the term, discounted to the time
of judgment at a rate equal to the then prevailing prime inter-
est rate of United States National Bank of Oregon.
10. 3 Cure of Tenant' s Default. Without prejudice to
any other remedy for default, Landlord may perform any
obligation or make any payment required to cure a default by
Tenant, and all costs so incurred shall immediately be repaid by
Tenant plus interest at 2 percent per annum over the prime
interest rate of United States National Bank of Oregon as of the
date of expenditure until paid, but in no event greater than the
maximum interest rate permitted by law.
11 . HOLDOVER.
If Tenant does not vacate the Property at the time
required, Landlord shall have the option to treat Tenant as a
tenant from month to month, subject to all of the provisions of
this lease except the provision for term.
12 . TENANT' S OPTION TO PURCHASE THE PROPERTY.
12 . 1 Grant and Consideration. In consideration of
the mutual promises and agreements of the parties under this
lease, Landlord grants to Tenant the sole, exclusive and irrevo-
cable right to purchase the Property at any time during the
lease term after !provided, however, that Tenant
is not then in default under this lease.
12 . 2 Manner of Exercise. Tenant may exercise its
option to purchase by written notice to Landlord given not later
than 60 days prior to the intended purchase date as specified in
the notice (the "Purchase Closing Date" ) .
5
12 . 3 Purchase Price. The purchase price of the Prop-
erty is %000 � to be paid in cash on the Purchase Closing
Date.
12 . 4 Conveyance. Conveyance of the Property shall be
by warranty deed, subject to the encumbrances set forth in
Exhibit B attached hereto and any liens or encumbrances granted
or suffered by Tenant after the execution of this lease.
12 . 5 Closing. The purchase of the Property by Tenant
shall be closed on the Purchase Closing Date in the offices of
Ticor Title Insurance Company. Closing shall take place in the
manner and in accordance with the provisions set forth in this
lease. At closing, Tenant shall be responsible for paying the
recording fee for the deed described in paragraph 12 .4. Taxes
levied after commencement of the lease term shall not be pro-
rated, but Landlord shall be responsible for all assessments
which may have become a lien prior to commencement of the lease
term. Rent under this lease shall be prorated as of the date of
closing.
12 . 6 Title Insurance. As soon as practicable there-
after, Landlord at its expense shall furnish Tenant with an
owner' s policy of title insurance in the amount of the total
purchase price for the Property, subject only to the standard
printed exceptions of the title company and exceptions for the
matters described in paragraph 12. 4.
13 - LANDLORD' S OPTION TO REQUIRE TENANT TO PURCHASE.
At any time during the lease term, Landlord, at its
option, by written notice to Tenant may require Tenant to pur-
chase the Property for a purchase price of wmm � , to be paid
in cash at closing. Closing of such purchase shall occur within
60 days after Landlord' s notice to Tenant in accordance with the
provisions of Section 12 above.
14. MORTGAGE OF LEASEHOLD ESTATE BY TENANT.
Tenant shall have the right to mortgage or pledge its
interest in this lease and the improvements on the Property to
secure a loan or loans. Landlord shall not be obligated to join
in the execution of any mortgage or trust deed or to subordinate
its interest thereto. Landlord agrees that, if requested to do
so, it will send a notice of any default on the part of Tenant
in performing its obligations pursuant to this lease to the
holder of any mortgage or trust deed prior to exercising any
right pursuant to this lease on account of such default and that
it will give the person to whom notice is sent 30 days from the _
dateof receipt of the notice in which to cure the default.
6
15. WARRANTY OF QUIET ENJOYMENT.
So long as Tenant complies with all terms of this
lease, Tenant shall be entitled to peaceable and undisturbed
possession of the Property free from any interference by Land-
lord or those claiming through Landlord, except as set forth in
the attached Exhibit B.
16. GENERAL PROVISIONS.
16. 1 Time of the Essence . Time is of the essence of
the performance of each of the obligations under this lease.
16.2 Nonwaiver. Waiver of performance of any provi-
sion shall not be a waiver of nor prejudice the party' s right
otherwise to require performance of the same provision or any
other provision.
16. 3 Succession. This lease shall bind and inure to
the benefit of the parties, their respective heirs, successors,
and assigns.
16. 4 Proration of Rent. If this lease starts or ends
during a rental period, the rent (including taxes) shall be pro-
rated as of such date. Upon termination other than for default
prepaid rent shall be refunded.
16. 5 Notices. Notices under this lease shall be in
writing, effective when delivered, or if mailed, effective on
the earlier of delivery or the second day after deposited as
registered or certified mail, return receipt requested, postage
prepaid to the address for the party stated in this lease, or to
such other address as either party may specify by notice to the
other.
16. 6 Attorneys' Fees. In the event suit or action is
instituted to interpret or enforce the terms of this lease, the
prevailing party shall be entitled to recover from the other
party- such sum as the court may adjudge reasonable as attorneys'
fees at trial or on appeal or petition for review of such suit
or action, in addition to all other sums provided by law.
16. 7 Estoppel Certificates. Within 20 days after
written request by the other party, either party shall execute
and deliver a certificate prepared by the other party stating
whether or not this lease has been modified and is in full force
and effect and specifying any modifications or alleged breaches ,
by the other party. This certificate shall also state the
amount of monthly rent, the dates to which rent has been paid in
advance, and the amount of any prepaid rent. Failure to deliver
the certificate within the specified time shall be conclusive
7
upon the party to whom the certificate was requested that the
lease is in full force and effect and has not been modified,
except as may be represented by the party requesting the
certificate.
16.8 Memorandum of Lease. At the request of either
party, the parties shall execute and acknowledge a memorandum of
lease in recordable form which shall include a legal description
of the Property and the term of the lease, and either party may
record the memorandum.
16. 9 Performance by Subtenant. Any act required to
be performed by Tenant pursuant to the terms of this lease may
be performed by any subtenant of Tenant occupying all or any
part of the Property. The performance by the subtenant shall be
deemed to be performance by Tenant and shall be acceptable as
Tenant' s act by Landlord.
16. 10 Consent. Whenever the consent or approval of
Landlord or Tenant is required under this lease, the party will
promptly exercise its judgment in a reasonable manner following
receipt of the request from the other party.
16. 11 Applicable Law. This lease has been executed
and delivered by Landlord and Tenant in the State of Oregon, and
all transactions contemplated by this lease are to be consum-
mated in the State of Oregon. The parties agree that the law of
the State of Oregon shall be applicable for all purposes,
including but not limited to construing and determining the
validity of this lease and determining the rights and remedies
of Landlord in the event of default by Tenant.
16. 12 Prior Agreements. This lease is the entire,
final and complete agreement of the parties with respect to the
matters set forth herein, and supersedes and replaces all writ-
ten and oral agreements previously made or existing by and
between the parties or their representatives with respect to
such matters.
16. 13 Validity of Provisions. If any of the provi-
sions contained in this lease shall be invalid, illegal, or
unenforceable in any respect, the validity of the remaining pro-
visions contained in this lease shall not be affected thereby.
IN WITNESS WHEREOF the parties have executed this
lease as of the date first above written.
LANDLORD:
Leonard Subotiiick
Ruth Subotnick
`'Lottie L. KaiifmAn, formerly
Lottie L. Siegel
ith Fuson
TENANT: PACIFIC REALTY ASSOCIATES, L.P. ,
a Delaware limited partnership
By
9
EXHIBIT A
Legal Description
Beginning at the Southeast corner of Section 12, Township 2 South,
Range 1 West, Willamette Meridian , Washington County, Oregon; thence
West along the South line of said section, a distance of 681 feet to
a point on the West line of the Southern Pacific Railway
right-of-way; thence continuing West along the South line of said
section, a distance of 251 . 65 feet to the true point of beginning of
the tract herein to be described; thence continuing West along the
South line of said section, 331 . 00 feet; thence North 00 081 West,
89 . 40 feet; thence North 890 381 East, 331 feet, more or less, to a
point North of the true point of beginning; thence South 89. 4 feet ,
more or less , to the true point of beginning.-----------------------
10
EXHIBIT B
I . The premises herein described are within and subject
to the statutory powers, including the power of assessment of
the Unified Sewerage Agency of Washington County, a municipal
corporation.
2 . Rights of the public in streets, roads and highways.
3 . Consent Covenant, including the terms and provisions
thereof, filed by Leonard Subotnick, recorded September 18, 1981
as Fee No. 81021804, Records of Washington County, Oregon.
4. Street dedication, including the terms and provisions
thereof, filed by Leonard Subotnick, recorded January 25, 1984
as Fee No. 84003011, Records of Washington County, Oregon.
ALLAN & LEUTHOLD, INC.
SURVEYING
4827 N. E. 105th AVENUE
PORTLAND, OREGON 97220
503 — 2540734
A portion of S.W. Washington Street in the plat of ROSEWOOD .ACRE TRACTS
in Section 13 T. 2 S., R. 1 W., W.M. Washington County, Oregon described
as follows:
Beginning at a point on the North line of S.W. Washington Street as
dedicated in the plat of Rosewood Acre Tracts, said point being North
89° 241 24" East 17.92 feet frac the Northwest corner of the East &A of the
Northeast k if Section 13; thence continuing North 890 241 24" East along
said North-line a--distance of 441.08 -feet; thence South 30.00 feet to a point
in the South line of said S.W. Washington Street; thence South 890 241 24"
West along said South line a distance of 419.82 feet; thence South 480 41v 42a
West 25.53 feet; thence Ninth 610 44' 53" West 22.26 feet to a point in the
Easterly right of wady line of S.W. Upper Boones Ferry Road as now laid out;
thence Northeasterly along the are of'a 490.00 foot radius curve to the left
(the chord of which bears North 250 541 40" East 40.11 feet) a distance of
40.13 feet to the point of beginning....
Containing 13,816 sq. ft. more or less...
REGIS!, PEI
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lel sL< =-vv M H & THEA LEU`IWYLER UNITED FIRST FEDERAL SAVINGS
JOHN & MARIA KAIN 11150 S.W. 115TH & LOAN
11590 S.W. NORTH DAKOTA ST. TIGARD, OR 97223 P.O. BOX 2268, 900 S.W. JEFFERS
TIGARD, OR 97223 BOISE, ID 83710
TL 4400 TL 1600 TL 1100
2AVEN & PATRICIA HAGOPIAN CARL & SHERRILL ANDERSEN REV JAMES D WIEK
11575 S.W. BURLCREST DR. 11180 S.W. 115TH ST. C/O RICHARD ACKERMAN & J WATHEY
TIGARD, OR 97223 TIGARD, OR 97223 16075 S.W. UPPER BOONES FERRY
TIGARD, OR 97224
TL 4500 TL 1700 TL 1300
ROGER & GEORGIANN SWAREN CLIIFORD ALLEN LEONARD DURHAM ENTERPRISES
11605 S.W. BURLCREST DR. SHARON BRAZIL P.O. BOX 23415
TIGARD, OR 97223 11200 S.W. 115TH AVE. TIGARD, OR 97223
TIGARD, OR 97223
TL 4600 TL 1800 2S1 12DD TL 300
TIMOTHY & ELVA HARNETT LAWRENCE KALSCH F.H. TOWER ESTATE C/O TIME OIL
11615 S.W. BURLCREST DR. 25265 S.W. WITCHHAZEL RD. P.O. BOX 24447, TERMINAL ANNEX
TIGARD, OR 97223 HILLSBORO, OR 97123 SEATTLE, WA 98124
TL 4700 TL 1801 TL 400 & 500
JAMES & JAKILINE SILVIS CITY OF TIGARD L & R SOF S
NICK G
ESTATE OF IL V,
11625 S.W. BURLCREST DR. P.O. BOX 23397 ^\
15960 S.W. 72ND
TIGARD, OR 97223 TIGARD, OR' 97223
TIGARD, OR 97223 \�
TL 4800 TL 1900 TL 701
BETH SMALLEY i�, PACIFIC REALTY ASSOC.
DON MORISSETTE �7
11655 S.W. BURLCREST DR. P.O. BOX 19524 1220 S.W. MORRISON, SUITE 905
TIGARD, OR97223 PORTLAND, OR 97219
ISl 34DB TL 400 TL 2300 PORTLAND, OR 97205
•, 2S1 13AA TL 100,300,400, 500
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WALLACE & VIOLET ELLSON �J EDWARD & DORIS FERREL PACIFIC REALTY ASSOC.
11225 S.W. NORTH DAKOTA �4 11400 S.W. NORTH DAKOTA V 1220 S.W. MORRSON, SUITE 905
TIGARD, OR 97223 TIGARD, OR 97223 PORTLAND, OR 97205
TL 500 TL 2400 & 2500 2S1 13AB, TL 100 & 101
ROANLD & PEARL KOENIG SAM & EMMA SCOTT
11329 S.W. NORTH DAKOTA 11370 S.W. NORTH DAKOTA PACIFIC REALTY R 1220 S.W. SON,
SUITE 905
PORTLAND, OO97205
TIGARD, OR 97223 TIGARD, OR 97223 R 97205
TL 600 TL 2600 TL 200
HELEN FEHRENBACHER MARVIN & JOANN WINTERS WATT PETROLEUM WELDING
11685 S.W. NORTH DAKOTA ST. C/O MICHAEL & SARAH MATHIS SUPPLY INC.
TIGARD, OR 97223 11280 S.W. NORTH DAKOTA P.O. BOX 272
TIGARD, OR 97223 NEWBERG, OR 97132
TL 700 TL 27^^ TL 300
LORITA COLLEEN WINTERS JOHN W S PLATT
11175 S.W. 114TH PL. C/O RICH ACKERMAN & J. WATHEY
TIGARD, OR 97223 16075 S.W. UPPER BOONES FERRY ]
TIGARD, OR 97223
TL 800 2S1 12DC TL 700
WILLIAM & KRISTA MELODY MCGUIRE GEORGE KILLIAN
11145 S.W. 114TH PL 5550 S.W. MACADAM, SUITE 320
TIGARD, OR 97223 PORTLAND, OR 97201
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