Res 1074 - Exe Develop Agmt Con
COUNCIL BILL NO. 1328
RESOLUTION NO. 1074
A RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT FOR
THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS.
WHEREAS, the involved parties have received development approval from the City
on their respective parcels located in the incorporated limits of Woodburn, Marion County,
Oregon; and
WHEREAS, development approval was conditioned upon installation and
construction of certain public improvements; and
WHEREAS, the City has the legal authority to assess the involved properties for
the costs of said improvements; and
WHEREAS, the parties desire to agree upon an efficient and equitable method of
constructing and installing said improvements; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
SECTION 1. The Mayor is authorized to sign the Development Agreement on
behalf of the City of ~urn, a copy of whi i ched hereto for reference.
Approved as to form~ () I~) 6- /~-71
City Attorney Date
APPROVED: 1/u.J. w ~
FRED W. KYSER, OR
Passed by the Council August 15, 1991
Submitted to the Mayor August 15, 1991
Approved by the Mayor August 15, 1991
Filed in the Office of the Recorder August 15, 1991
ATTEST: ;r;~ ~ - ;f-
Mary T~ Deputy Recorder
City of Woodburn, Oregon
PAGE 1 - COUNCIL BILL NO. 1328
RESOLUTION NO. 1074
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this day of , 1991, by
and between the City of Woodburn, an Oregon municipal corporation (hereinafter "CITY"),
Pioneer Trust Bank, N.A. as trustee for John N. Hooper (hereinafter "PIONEER"), Wal-Mart
Stores, Inc., a Delaware corporation (hereinafter "WAL-MART"), Klaw Holdings, an
Oregon partnership consisting of Keith L. Hershberger and A. Ward Hershberger,
(hereinafter "KLAW'), and George F. Brice, III and Prairie Corporation, an Oregon
corporation.
WITNESSETH
WHEREAS, the above-named private parties contemplate development within the
incorporated limits of Woodburn, Marion County, Oregon; and
WHEREAS, the property owned by Pioneer is not presently within the
incorporated limits of CITY and may not be annexed to CITY for some months or years;
and
WHEREAS, development approval by CITY is conditioned upon dedication of
certain property and construction of certain street improvements as further outlined
below; and
WHEREAS, the private parties agree CITY has the legal authority to assess the
involved properties for the costs of the improvements at such time as development
occurs; and
WHEREAS, the parties desire to agree upon an efficient and equitable method of
constructing said improvements;
NOW, THEREFORE, the parties agree as follows:
Section 1. PARTIES. The parties to this agreement are as listed above.
Notwithstanding, all parties agree that CITY is executing this agreement solely for the
purpose of insuring that the required public improvements are completed by the private
parties. CITY assumes no liability for any of the development contemplated by this
agreement.
Section 2. KLAW PROPERTY. KLAW represents and covenants that it owns three
parcels of real property subject to this agreement which are described in the attached
Exhibits "A", "B", and "C".
PAGE 1 - AGREEMENT
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Section 3. WAL-MART PROPERTY. WAL-MART represents and covenants that
it intends to purchase certain real property subject to this agreement which is described
in the attached Exhibit "D".
Section 4. PIONEER PROPERTY. PIONEER represents and covenants that it
owns certain real property subject to this agreement which is described in the attached
Exhibit "E".
Section 5. REQUIRED CONVEYANCES. Upon Wal-Mart's purchase of the
property described in the attached Exhibit "D" the parties agree to make the following
conveyances:
A. KLAW shall deed to CITY a parcel of real property by the deed attached as
Exhibit "F".
B. PIONEER shall deed to WAL-MART a parcel of real property by the deed
attached as Exhibit "G".
C. PIONEER shall dedicate to CITY a parcel of real property by the deed
attached as Exhibit "H".
D. WAL-MART shall dedicate to CITY two parcels of real property by the deeds
attached as Exhibits "I" and "J".
Within 60 days of W AL -MART's purchase of the property described in the attached Exhibit
"D" and after the subsequent conveyances mentioned in this section, WAL-MART shall
prepare and record a plat.
Section 6. IMPROVEMENTS ACCORDING TO CITY STANDARDS AND SITE
DEVELOPMENT PLAN. All improvements under this agreement shall be accomplished
under the supervision of the city engineer and in conformance with the Site Development
Plan for W AL-MART which was approved by the Woodburn Planning Commission on April
11, 1991. Said Site Development Plan is on file in the official records of the City of
Woodburn and is referenced and incorporated into this Agreement as if it were attached
hereto.
Section 7. CONSTRUCTION OF IMPROVEMENTS BY WAL-MART. WAL-MART
shall commence development upon receipt of all permits and proceed to improve
according to city standards and the Site Development Plan prepared by Westech
Engineering dated August 9, 1991 and incorporated into this Agreement the following:
PAGE 2 - AGREEMENT
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A. Lawson Road: From the terminus of the existing improvement to Stacy
Allison Way, an approximate distance of 350 feet as specified on page 10 of 21 of
the incorporated Site Development Plan.
B. StacY Allison Wav: From Evergreen Road to a distance of approximately
1300 feet that is approximately 20 feet beyond the west W AL -MART approach, as
specified on page 8 of 21 of the incorporated Site Development Plan.
These improvements shall be done as soon as practicable and completed by the first day
of August 1992 or within ten months after commencement of construction, whichever
occurs last.
Section 8. CONSTRUCTION OF IMPROVEMENTS BY PIONEER. PIONEER, at
such time as development is commenced upon PIONEER'S property, shall complete the
following improvements according to city standards and the incorporated Site
Development Plan:
A. Stacv Allison Wav/Frontaae Road (future\. From the westerly terminus of
the improvement made by WAL-MART pursuant to paragraph 7B above to the
right-of-way owned by the State of Oregon, a distance of approximately 300 feet
to the west, and continuing in a southerly direction parallel to Interstate-5, to the
end of the WAL-MART property, a distance of approximately 700 feet for a total
improvement distance of approximately 1,000 feet as specified in the incorporated
Site Development Plan on page 9 of 21.
B. Lawson Road (future). From Stacy Allison Way to W. Hayes Street, behind
the WAL-MART property, a distance of approximately 500 feet as specified in the
incorporated Site Development Plan on page 10 of 21.
Development shall be defined as any improvement upon PIONEER's property, by way of
example, any excavation, paving, and site work beyond surveying.
Section 9. DEVELOPMENT CONTRIBUTION BY KLAW. KLAW shall pay the sum
of $121,000 to PIONEER as a contribution to the cost of the improvements to be
constructed by PIONEER pursuant to paragraph 8 as set forth in this section.
A. Security for Payment. Upon the execution of this agreement, KLAW shall give
to PIONEER a mortgage on the real property described on the attached Exhibits
"A", "B" and "C" to secure its obligation hereunder. The mortgage shall be
prepared by PIONEER'S counsel. Such mortgage shall be subordinate only to a
mortgage given to Chrysler Credit Corporation in the face amount of $500,000 and
having a current balance, including principal and accrued interest, not exceeding
$ . KLAW warrants that such such mortgage is in good standing
and is not in default.
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B. Terms of Pavment.
(1) Sale of parcels described in Exhibits "A". "B" or "C". In the event of the
sale of the parcels described on Exhibits "A", "B" or "C", or any part thereof, the
sale proceeds shall be paid first to reduce the amount owing the Chrysler Credit
Corporation until Chrysler Credit Corporation is paid in full and then to PIONEER
on account of the amounts owing to it under this agreement.
(2) Development of parcels described in Exhibit "A" or "B". In the event of
the development of either of the parcels described in Exhibits "A" or "B", or any
part thereof, KLAW shall pay to PIONEER an amount equal to the fair market value
of the developed parcel, or part thereof, as determined by Spencer Powell, MAl.
Cost of the appraisal shall be paid by KLAW. Development of such property for
which payment shall be required is defined as commencement of any improvement
upon the property, by way of example, any excavation, paving or site work beyond
surveying.
(3) Development of parcel described in Exhibit "C". The property described
in Exhibit "C" may be developed by KLAW or KLAW'S successors without payment
of any of the sums required by KLAW or KLAW'S successors under this
agreement to be paid, for the reason that KLAW'S contribution with respect to the
property described in Exhibit "C" has been accomplished by KLAW'S dedication
of roadway. Provided further that in the event the property described in the
attached Exhibit "C" should be developed prior to other properties herein being
developed, and should it be required that improvements be made by the then
owners of the property described in the attached Exhibit "C" which are otherwise
required to be made by PIONEER by the terms of this agreement, the expenses
of such improvements that have been paid by the owner of the property described
in the attached Exhibit "C" shall be reimbursed to such owner by deducting from
monies that would have been paid to PIONEER or Key Title and paying them
instead to the owner of the property described in the attached Exhibit "C" in the
amount of its expenses for constructing such improvements. Any such owner
shall be required to submit a detailed listing of its expenses for constructing such
improvements.
C. Escrow. If KLAW'S development begins before PIONEER'S development, the
sums required to be paid by KLAW shall be deposited in an interest bearing
escrow account with Key Title and Escrow Company in Salem, Oregon and shall
remain there until such time as PIONEER commences development of its property
and is required to make the improvements specified in Section 8 of this
agreement. All interest accruing on the account shall belong to PIONEER. Upon
commencement of construction by PIONEER, the funds held by Key Title and
Escrow Company shall promptly be paid over to PIONEER.
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D. Releases. Upon payment to PIONEER or to Key Title, as the case may be, of
the amounts specified in paragraphs B(1) or (2) of this section. PIONEER shall
execute and deliver releases from the lien of its mortgage of the real property on
account of which such payments have been made. Section 9. DEVELOPMENT
CONTRIBUTION BY KLAW. KLAW shall pay the sum of $121,000 to PIONEER as
a contribution to the cost of the improvements to be constructed by PIONEER
pursuant to paragraph 8. Payment shall be made at the rate of $22,201.83 per
acre sold or developed by KLAW from parcels A or B described in Section 2,
KLAW PROPERTY. In any event, KLAW shall pay the entire amount on or before
June 15, 1996.
Development of KLAW'S property, for which payment shall be required, is defined as
commencement of any improvement upon KLAW'S property, by way of example, any
excavation, paving, and site work beyond surveying.
If KLAW's development begins before PIONEER's development, the sums required to be
paid by KLAW shall be deposited in an interest bearing escrow account with Key Title
and Escrow Company in Salem, Oregon and shall remain there until such time as
PIONEER commences development of its property and is required to make the
improvements specified in Section 8 of this agreement. All interest accruing on the
account shall belong to PIONEER. Upon commencement of construction by PIONEER,
the funds held by Key Title and Escrow Company shall promptly be paid over to
PIONEER. KLAW agrees that upon the execution hereof, it shall give to PIONEER a
mortgage on the real property described in the attached Exhibits "A" and "B" to secure
its obligations hereunder. Such mortgage shall be subordinate only to a mortgage given
to in the face amount of $ and having a current balance,
including principal and accrued interest, not exceeding $ . KLAW
warrants that such mortgage is in good standing and is not in default. The mortgage
which KLAW shall give to PIONEER shall be prepared by PIONEER's counsel. Upon
payment to PIONEER or to Key Title, as the case may be, PIONEER shall execute and
deliver releases on the real property described in Exhibits "A" and "B", or parts thereof,
from the lien of such mortgage at the rate of $22,201.93 per acre.
The parties agree that the portion of KLAW'S property described in the attached Exhibit
"C" may be developed by KLAW or KLAW'S successors without payment of any of the
sums required under this agreement for the reason that KLAW'S contribution for
development of this parcel has been accomplished by its dedication of a roadway.
Provided further, that in the event the attached Exhibit "C" should be developed prior to
other properties herein being developed and should it be required that improvements be
made by the then owners of the attached Exhibit "C" which are contemplated in this
Agreement, the expenses of such improvements that have been paid by the attached
Exhibit "C" owner shall be reimbursed to such owner by deducting from monies that
which would have been paid to PIONEER or "Escrow" and paying them instead, at the
same time as such obligation to pay PIONEER or "Escrow" has been established herein,
PAGE 5 - AGREEMENT
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to the owner of the attached Exhibit "C" in the amount of its expenses for constructing
such improvements.
Section 1 O. ASSIGNMENT The parties agree that the terms of this agreement are
binding upon them as well as any successors in interest, heirs or assigns. Each party
agrees that prior to any assignment of their respective interest herein that they shall
secure from their respective assignees, as a condition of such assignment, the
assignee's written agreement to carry out the assignors's obligations under this
agreement.
Section 11. RELEASE OF PIONEER. George F. Brice, III (Brice) and Prairie Corp.
(a closely held Oregon corporation which is controlled by Brice) join in this agreement
and are parties hereto by virtue of the fact that Brice is the purchaser of PIONEER's
property subject to conditions set forth in the terms of an Owner's Sale Agreement and
Earnest Money Receipt dated February 8, 1991. In the event the transaction described
in the Owner's Sale Agreement closes and Prairie Corp, and/or Brice become the owner
of PIONEER's property, Prairie Crop. and Brice, jointly and severally, shall pay and
perform all of the obligations of PIONEER under this agreement promptly, when due.
Following the closing of such transaction, Prairie Corp. and Brice, jointly and severally,
hereby agree to indemnify and to hold PIONEER harmless from any liabilities, losses,
damages or costs (including all court costs and attorney's fees in all courts) which
PIONEER might suffer by virtue of its having entered into this agreement. In the event
the above sale is closed, CITY, WAL-MART and KLAW HOLDINGS hereby agree that
PIONEER shall have no further obligations under this agreement, and they hereby release
and discharge PIONEER, absolutely and forever, from any liabilities or obligations to them
under this agreement.
Section 12. TERMS OF AGREEMENT ARE COVENANTS. It is intended by all
parties to this Agreement that all terms of the Agreement shall constitute covenants,
conditions and restrictions running with title to the real properties covered by this
Agreement, and shall be binding upon parties to the Agreement, their heirs, executors,
and assigns, and shall be a benefit and burden upon the properties described herein.
The parties agree that CITY may, in order to recover the costs of improvements
described herein, levy assessments against the properties for the specific purpose of
enforcing the parties' respective obligations under this Agreement and may enforce
payment of said assessments in the manner provided by ORS Chapter 223. Upon each
party's completion of its respective obligations under this agreement, City shall release
that party from City's right to secure that party's performance under this agreement by
assessments.
Section 13. NO IMPLIED COVENANT TO OPERATE. It is expressly agreed by the
parties hereto, for their own benefit and that of their successors in interest, that:
PAGE 6 - AGREEMENT
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Nothing contained in this Agreement shall be construed to contain a covenant,
either express or implied, to either commence the operation of a WAL-MART store
or thereafter continuously operate a WAL-MART store upon the subject property.
The parties herein recognize and agree that WAL-MART may, at WAL-MART's sole
and absolute discretion and at any time during the term of this Agreement, cease
the operation of its business, upon the subject property and the parties herein
hereby waive any legal action for damages or for equitable relief which might be
available to the parties herein or any of its successors in interest because of such
cessation of business activity by WAL-MART or its successor in interest.
Section 14. RECORDATION. Promptly after its execution by the parties and the
subsequent purchase by WAL-MART of the property described in Exhibit "D", CITY shall
record this Agreement in the records of Marion County against each of the properties
herein to provide public notice, and especially notice to future owners of property
described herein of the conditions, covenants, and restrictions against title to the
properties imposed by this agreement.
Section 15. TERMINATION AND AMENDMENT. This agreement shall be
terminated upon all parties completion of the obligations hereunder and may be amended
by a subsequent written agreement of all of the parties.
Section 16. ENFORCEMENT. Each of the parties may enforce the terms of this
Agreement in any court of competent jurisdiction. In addition to any other legal remedies,
the parties failure or refusal to comply with this Agreement shall constitute a violation of
Ordinance 1807, the Woodburn Zoning Ordinance, and remedies and penalties provided
therein may also be enforced.
Section 17. NON-LIABILITY OF CITY. Because the parties agree that CITY has
the legal authority to require construction of the improvements referenced in this
agreement, PIONEER, WAL-MART, KLAW, and Prairie Corporation and George F. Brice,
III, and each of them, agree that CITY can not be held liable for damages under this
Agreement and shall hold CITY and its agents harmless for any claim or legal action of
any type under this agreement including any applicable costs and attorneys fees.
Section 18. ATTORNEYS FEES. In the event of any suit or action to enforce this
agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, reasonable attorneys fees to be fixed by trial and appellate courts from
the time such action is filed.
Section 19. SEVERABILITY. If any provision or part hereof is for any reason
determined by a court of competent jurisdiction to be invalid or unenforceable, then such
part shall be severed from this agreement and the remainder of the agreement shall
remain fully enforceable.
PAGE 7 - AGREEMENT
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DATED this
PAGE 8 - AGREEMENT
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day of
,1991.
PIONEER TRUST BANK, N.A.. as
Trustee for John N. Hooper
By:
WAL-MART STORES, INC.
a Delaware Corporation
By:
Director of Real Estate
Attest:
By:
Assistant Secretary
KLAW HOLDINGS, a partnership
By:
KEITH L. HERSHBERGER
By:
A. WARDE HERSHBERGER
PRAIRIE CORPORATION
An Oregon Corporation
By:
President
By:
Secretary
GEORGE F. BRICE, III
By:
George F. Brice, III
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STATE OF OREGON
County of
)
) ss.
)
, 1991.
Personally appeared before me , Trustee for John N.
Hooper and acknowledged the foregoing instrument to be its voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF
)
) ss.
)
County of
Before me personally appeared _______________________ and
who, being duly sworn, each for himself and not one
for the other, did say that the former is the president and that the latter is the secretary
of WAL-MART STORES, INC., a Delaware Corporation and that the seal affixed to the
foregoing instrument is the corporate seal of said corporation and that said instrument
was signed and sealed on behalf of said corporation by authority of its Board of
Directors; and each of them acknowledged said instrument to be its voluntary act and
deed.
Notary Public for
My Commission Expires:
STATE OF OREGON
County of
)
) ss.
)
, 1991
Personally appeared before me KEITH L. HERSHBERGER and A. WARDE
HERSHBERGER, and acknowledged the foregoing instrument to be their voluntary act
and deed.
Notary Public for Oregon
My Commission Expires:
PAGE 9 - AGREEMENT
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STATE OF OREGON )
) ss.
County of )
Before me personally appeared and
who, being duly sworn, each for himself and not one for the other, did say that the former
is the president and that the latter is the secretary of PRAIRIE CORP., an Oregon
corporation and that the seal affixed to the foregoing instrument is the corporate seal of
said corporation and that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors; and each of them acknowledged said
instrument to be its voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of )
Personally appeared before me George F. Brice, III, and acknowledged the
foregoing instrument to be his voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
The City of Woodburn is executing this Agreement for the purpose only of
acknowledging and agreeing to the manner in which the property herein is being
developed. The City of Woodburn assumes no liability for any of the development
contemplated by this agreement.
Dated this /q#! day of ffU&t.lS"I
, 1991.
em' OF WOODBURN ~
By: 1-aJ LV
PAGE10-AGREEMENT
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EXHIBIT "An
Beginning at a point on the East line of Iawson street which bears South
88052'10" East 1739.10 feet and South 01007'50" West 365.00 feet from the
Northwest corner of the Andrew Dubois Donation Land Claim No. 98 in Section
12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County,
Oregon; thence South 88052'10" East 389.09 feet to a point on the West right-
of-way line of Evergreen Road; thence South 00052'50" West along said right-
of-way line, 355.03 feet to a point on the North right-of-way line of stacy
Allison Way; thence North 88052'10" West along the North line of said stacy
Allison Way, 389.75 feet to a point on the East right-of-way line of said
Iawson street; thence North 01007' 50" East along said right-of-way line,
355.10 feet to the point of beginning.
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EXHIBIT liB"
Beginning at a point on the West right-of-way line of Lawson street which
bears South 88052'10" East 1679.10 feet and South 01007'50" West 382.00 feet
from the Northwest corner of the Andrew Dubois Donation Land Claim No. 98
in Section 12, Township 5 South, Range 2 West of the Willamette Meridian,
Marion County, Oregon; thence South 01007' 50" West along the West line of
said Lawson street, 338.10 feet to a point on the North right-of-way line
of stacy Allison Way; thence North 88052'10" West along said right-of-way
line, 305.97 feet; thence North 01009'41" East 200.72 feet to the Southeast
=rner of that tract of land as des=ibed in Volume 657, Page 293, Marion
County Record of Deeds; thence North 64005'30" East 50.96 feet; thence North
01009'21" East 114.93 feet; thence South 88052'10" East 262.93 feet to the
point of beginning.
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EXHIBIT "e"
Beginning at a 5/8' iron rod which is 1679.10 feet South 88052'10" East
and 720.29 feet South 01009'41" West from the Northwest corner of the
Andrew Dubois Donation Land Claim No. 98 in Section 12, Township 5 South,
Range 2 West of the Willamette Meridian, Marion County, Oregon; point of
beginning is on the Westerly extension of Lawson Street; Thence North
88052'10" West 305.97 feet to a 5/8" iron rod; Thence North 01009'41"
East 200.72 feet to a 5/8" iron rod at the Southeast corner of that tract
of land as described in Deed Volume 657, Page 293, Harion County Deed
Records, Harion County, Oregon; Thence South 64005'30" West along the
South line of said deed 300.00 feet to the Southwest corner; Thence North
25054'30" West 275.00 feet to the Northwest corner and South right of way
line of frontage road; Thence along the Southerly line of said frontage
road, South 64005'30" West 96.91 feet; Thence continuing South 54018'33"
West 229.32 feet; Thence South 45018'31" West 102.98 feet; Thence South
35050'00" West 138.43 feet to a 5/8" iron rod; Thence South 88052'10"
East 1120_00 feet to a 5/8" iron rod on the Westerly extension of said
Lawson Street; Thence North 01009'41" East along tile Westerly extension
line of said Lawson Street 60.00 feet to the place of beginning_
SAVE AND EXCEPT the southerly 60.00 feet thereof, lying within stacy Allison
Way.
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. EXHIBIT' "D"
Beginning at a point on the South right-of-way line of West Hayes street
which bears North 89019'2011 West 50.00 feet and North 88052'10" West 869.95
feet fran the Northwest COITler of Lot 1, Block 69, WCXIDBURN SENIOR ESTNrES
NO.7, as recorded in Volume 22, Page 42, Book of 'Ibwn Plats for Marion County,
Oregon; thence South 1007'5011 West 27.96 feet; thence North 88052'10" West
1084.35 feet; thence North 35055'1711 East 664.60 feet; thence northeasterly
along the arc of a 75.00 foot radius curve to the right (the chord of which
bears North 63031 '34" East 69.51 feet) a distance of 72.27 feet to a point
on the North line of that tract of land conveyed to Joe D. Pignataro by deed
recorded in Reel 616, Page 488, Deed Records; thence South 88052'10" East
along said North line, 685.97 feet; thence southeasterly along the arc of
a 20.00 foot radius curve to the right (the chord of which bears South
43052'10" East 28.28 feet) a distance of 31.42 feet; thence South 1007'50"
West 3.11 feet; thence southwesterly along the arc of a 215.00 foot radius
curve to the right (the chord of which bears South 15035'5811 West 107.44 feet)
a distance of 108.59 feet; thence southwesterly along the arc of a 285.00
foot radius curve to the left (the chord of which bears South 15035'58" West
142.42 feet) a distance of 143.94 feet; thence South 1007'50" West 285.00
feet to the point of beginning.
AlSO
Beginning at a point on the North right-of-way line of West Hayes street
marking the Southwest corner of that first described parcel in deed conveyed
to Barclay Square Associates, Phase I and recorded in Reel 25, Page 1316,
Deed Records, which point bears North 89019'20" West 50.00 feet and North
88'52'10" West 678.17 feet and North 0'40'40" East 60.00 feet fran the
Northwest comer of Lot 1, Block 69, ~BURN SENIOR ESTATES NO. 7 as recorded
in Volume 22, Page 42, Marion County Book of Town Plats; thence North
88052'10" West along the North right-of-way line of said West Hayes street,
101.30 feet; thence northwesterly along the arc of a 20.00 foot radius curve
to the right (the chord of which bears North 43052'10" West 28.28 feet) a
distance of 31.42 feet; thence North 1007'50" Fast 125.25 feet; thence South
80014'33" East 15.01 feet to the SOUthwest corner of that tract of land
conveyed to Barclay Square Associates by deed recorded in Reel 329, Page 976
Deed Records; thence SOUth 80014' 33" East along the southerly boundary line
of said Barclay tract, 106.66 feet to a point on the West line of said first
described parcel in deed conveyed to Barclay Square Associates, Phase I and
recorded in Reel 25, Page 1316, Deed Records; thence South 0040'40" West
along the West line of said tract, 127.00 feet to the point of beginning.
ALSO
Begirming at the SOuthwest corner of that tract of land conveyed to
Ba.rclay Square Associates, by deed recorded in Reel 329, Page 976, Deed Records
for Marion County which point bears North 89019'20" West 50.00 feet and North
88052'10" West 678.17 feet and North 0040'40" East 187.00 feet and North
80014133" West 106.66 feet fran the Northwest corner of Lot 1, Block 69,
hUJOBURN SENIOR ESTATES NO. 7 as recorded in Volume 22, Page 42, Marion County
Book of Town Plats; thence North 80014'33" West 15.01.feet; thence North
1007'50" East 79.75 feet; thence northeasterly along the arc of a 215.00
foot radius cw:ve to the right (the chord of which bears North 15035'58" East
107.44 feet) a distance of 108.59 feet; thence northeasterly along the arc
of a 285.00 foot radius curve to the left (the chord of which bears North
15035'5801 East 142.42 feet) a distance of 143.94 feet; thence North 1007'50"
East 23.11 feet to a (X>int on the North line of that tract of land conveyed
to Joe D. Pignataro by deed recorded in Reel 616, Page 488, Deed Records;
thence South 88052'10" East along the North line of said Pignataro tract,
5.00 feet to the Northwest corner of that second described parcel in deed
conveyed to Barclay Square Associates, Phase I and recorded in Reel 25, Page
1316, Records for Marion Cbunty, Oregon; thence South 00040140" West along
the West line of said parcel, 162.17 feet to the most northerly corner of
that tract of land conveyed to Barclay Square Associates, by deed recorded
in Reel 329, Page 976, Records for Marion O:llUlty, Oregon; thence South
4901512811 West along the westerly oormdary line of said tract, 73.78 feet;
thence South 1601212501 West continuing along said westerly ooundary line,
40.62 feet; thence South 05045110" East mntinuing along said oolUldary line,
97.11 feet to the point of begirming.
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EXHIBIT liE"
Beginning at a point marking the intersection of the southerly right-
of-way line of West Hayes street with the westerly right-of-way line of
Evergreen Road which is recorded as being North 89019'20" West 50.00 feet
and North 88052'10" West 50.00 feet fran the Northwest corner of Lot 1, Block
69, WOODBURN SENIOR ESTATES NO.7, as recorded in Volume 22, Page 42, Book
of Town Plats for Marion County, Oregon; thence South 0040'40" West along
the West line of said Evergreen Road, 2110.83 feet to a point on the South
line of that tract of land described in Volume 337, Page 355, Marion County
Record of Deeds; thence North 89029'20" West along the South line of said
tract, 2112.72 feet to a point on the West boundary line of the Andrew Dubois
D::>nation Land Claim No. 98; thence South 0040'10" West along the West boundary
line of said claim and the southerly extension thereof, 1000.75 feet to a
point marking the Southeast corner of that tract of land described in Volume
573, Page 677, Marion County Record of Deeds; thence North 89032'20" West
along the South line of said tract, 2110.88 feet to a point on the easterly
right-of-way line of Interstate Freeway I-5; thence North 35053'22" Fast
along said right-of-way line, 3648.55 feet to a point on the West boundary
line of said Dubois Claim; thence South 0028 '30" West along the West boundary
line of said claim, 69.03 feet to a point marking an angle corner in the
easterly right-of-way line of said freeway; thence North 35055'17" Fast along
said right-of-way line, 246.41 feet to a point which bears South 35055 '17"
West 34.05 feet fran the Southwest corner of that tract of land conveyed to
Joe D. Pignataro by deed recorded in Reel 616, Page 488, Marion County Record
of Deeds; thence South 88052 '1 0" Fast parallel with the South line of said
Pignataro tract, 1349.41 feet; thence North 0040'40" East 27.96 feet to a
point on the southerly right-of-way line of said West Hayes Street; thence
South 88052 '1 0" Fast along said right-of-way line, 628.17 feet to the point
of beginning.
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EXHIBIT "P"
Beginning at a point on the North line of that tract of
land conveyed to Joe 0, Pignataro by deed recorded in
Reel 616, Page 488, Records for Marion County, Oregon,
marking the western terminus of stacy Allison Way which
point is recorded as being 1679,10 feet South 88'52'10"
East and 780,10 feet South 01' 07' 50" West from the
Northwest corner of the Andrew Dubois Donation Land Claim
No. 98 in Section 12, Township 5 South, Range 2 West of
the Willamette Meridian in Marion County, Oregon; thence
North 88' 52 '10" West along the North line ot said
pignataro tract, 1121.00 feet to a point on the easterly
right-at-way line of the Frontage Road; thence North
35'55'17" East along said Frontage Road, 73,06 feet to a
point which is 60.00 feet northerly of the North line of
said pignataro tract; thence South 88'52'10" East
parallel with the North line of said Pignataro tract,
1079.45 feet, more or less, to a point on the West right-
of-way line of La,,'son street; thence South 01' 07' 50" West
along said West right-at-way line, 60.00 feet to the
point of beginning.
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EXHIBIT "G"
Beginning at the Southwest corner at that tract of land
conveyed to Joe D. Pignataro by deed recorded in Reel
6~6, Page 488, Records for Marion county, oregon which
point is recorded as being North 89.19'20" West 50.00
feet and North 88'52'10" West 50.00 feet and North
88.52'~O" west 1957.41 feet from the Northwest corner of
Lot 1, Block 69, WOODBURN SENIOR ESTATES NO. 7 as
recorded in Volume 22, Page 42, Marion County Book at
Town Plats, said beginning point being on the easterly
right-at-way line ot Interstate Freeway (1-5); thence
South 35'55'17" West along said right-at-way line, 34.05
feet; thence South 88.52 '10" East parallel with the South
line at said Pignataro tract, 1157.41 teet; thence North
1.07'50" East 27.96 feet to a point on the South line of
West Hayes Street; thence North 88.52' 10" West along the
South line of said street and the South line of said
Pignataro tract, a distance of 1137.98 feet to the point
ot beginning and containing 0.7367 acres of land, more or
less.
.
.