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2021-021867 ~ 7805 SW Dartmouth St RETURN;RECORDED DOCUMENT TO: Washington County,Oregon CITY HALL RECORDS DEPARTMENT, 02/19/2021 03:00:43 PM 2021-021867 CITY OF TIGARD D-E Cnt=1 Stn=31 RECORDS1 13125 SW Hall Blvd. Tigard,OR 97223 $35.00$5.00$11,00$60.00-Total=$111,00 LIMITED LIABILITY COMPANY I MI I 111 III 111111 11 11111111 111 02719979202100218670070073 I,Joe Nelson,Interim Director of Assessment andwvu, Taxation and Ex-Offlclo County Clerk for Washington �,.;� •,c File No County,Oregon,do hereby certify that the within u„, Instrument of writing was received and recorded In the EASEMENT book of records of said county. i , ,41 Joe Nelson,interim Director of Assessment end : 4c Taxation,Ex-Officio County Clerk PUBLIC BIKEWAY AND PEDESTRIAN WAY Space above reserved for Washington County Recording Information 7805 Swd,LLC, a Florida limited liability company,hereinafter called the Grantor, grants unto the City of Tigard,hereinafter called the Grantee,subject to the terms and conditions set out herein,a perpetual easement(the"Easement")over,across,and under the land and real property located at 7805 SW Dartmouth Street,and described in the attached Exhibit"A"(the"Easement Area")solely for a bicycle way and pedestrian way (the "Bike Path"), which may be used by pedestrians and recreational, non-motorized mechanical means of transportation,such as bicycles and for no other purposes(the"Easement Purposes"). The Grantee shall have the right to place,construct, operate, replace, maintain, inspect, reconstruct, install necessary improvements in the Easement Area, and in connection therewith may remove any trees,shrubs,or brush in the Easement Area,but only as reasonably necessary to facilitate said Easement Purposes. THE TRUE CONSIDERATION for this conveyance is$0.00 . However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this Easement does not convey any right,title, or interest except those expressly stated in this easement,nor otherwise prevent Grantor from the full use and dominion thereover;provided,however,that such use shall not unreasonably interfere with the Easement Purposes. This Easement is subject to the following additional terms and conditions: 1. This Easement is subject to all liens,encumbrances,covenants,conditions,restrictions,reservations,contracts,leases and licenses, easements, and rights of way pertaining to the Easement Area and Grantor's adjacent property, whether or not of record. The use of the word"grant"shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area. 2. The benefits and burdens of this Easement shall be binding upon the parties hereto,and their respective successors and assigns, and shall run with the land of both Grantor and Grantee. Notwithstanding the foregoing,this Easement shall not inure to any successor or assign of Grantee unless such successor or assign is a governmental entity similar to the named Grantee. 3. This Easement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed.Any amendment or modification of this Easement shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged. 4. In the event of a sale or other conveyance of fee title to the Easement Area by Grantor,Grantor's successor shall be bound to the terms of this Easement and Grantor shall have no further liability or obligation hereunder from an after the effective date of such conveyance. [Signature Page to Follow] DCAPDX\3420591.v9 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantor, their successors,and assigns in the case of such event. TO HAVE AND TO HOLD the above-described Easement unto said Grantee,its succe cors,, sand assigns forever. W IN WITNESS HEREOF,I hereunto set my hand on this day of a?l,t,r.,t" .20 ?A . 7805 Swd,LLC 1 a Florida limit iabili company • Steph C. Sca� ne,Manager STATE OF FLORIDA ) )ss. County of Manatee ) The foregoing instrument was acknowledged before me by means of, physical presence or online notarization,this/"day of �;,,OjetGWtJ in the year 2021 by Stephen C.Scalione,as Manager of 7805 SWD,LLC,on behalf of said limited liability company,who is personally known to me or who has produced as identification. , 1kw4 i Notary's Signature My Commission Expires: I KEVIN M.KINNEY [Signatures continue on following page] _�Y t`ti� My COMMISSION#HH077817 ' EXPIRES:JAN 17,2025 °' Bonded through 1st State Insurance DCAPDM3420591.v9 RETURN RECORDED DOCUMENT TO: CITY BALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 Accepted on behalf of the City of Tigard this day of 1h" ti(of 20 `'! City Enger DCAPDX\3420591.v7 Exhibit A C EME12I0 ,, ENGINEERING•SURVEYING•DESIGN PATH EASEMENT JOB NO. 0593-002 TAX LOT 2000 1S1 36CD JANUARY 13, 2021 EXHIBIT A(PAGE 1 OF 4) A PORTION OF PARCEL A CONVEYED TO 7805 SWD, LLC,A FLORIDA LIMITED LIABILITY COMPANY BY DEED RECORDED AS DOCUMENT NO. 2018-086258, WASHINGTON CVOUNTY DEED RECORDS, BEING LOCATED IN THE SOUTHWEST 1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL A,BEING ON THE SOUTH RIGHT OF WAY LINE OF S.W.ATLANTA STREET(30.0 FEET FROM CENTERLINE);THENCE ALONG SAID SOUTH RIGHT OF WAY LINE, NORTH 83°36'33" WEST, 43.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 24°58'50" WEST, 244.38 FEET; THENCE SOUTH 49°02'44"WEST, 92.66 FEET; THENCE SOUTH 11°45'14"WEST, 131.57 FEET TO A POINT OF CURVATURE; THENCE 41.17 FEET ALONG THE ARC OF A 62.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37°44'40"(THE CHORD BEARS SOUTH 30°37'34"WEST, 40.43 FEET); THENCE SOUTH 49°29'54" WEST, 2.34 FEET; THENCE SOUTH 21°41'48" WEST, 8.22 FEET TO A POINT OF CURVATURE;THENCE 65.59 FEET ALONG THE ARC OF A 55.76 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 67°23'56" (THE CHORD BEARS SOUTH 56°20'20" WEST, 61.88 FEET); THENCE SOUTH 88°50'22" WEST, 2.85 FEET; THENCE SOUTH 47°46'05" WEST, 19.18 FEET TO A POINT OF CURVATURE;THENCE 11.11 FEET ALONG THE ARC OF A 15.50 FOOT RADUIS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 41°04'18" (THE CHORD BEARS SOUTH 68°18'14"WEST, 10.88 FEET);THENCE SOUTH 88°50'22"WEST, 95.84 FEET TO THE EAST RIGHT OF WAY LINE OF S.W. DARTMOUTH STREET (47.0 FEET FROM CENTERLINE); THENCE ALONG SAID EAST RIGHT OF WAY LINE 15.02 FEET ON THE ARC OF A NONTANGENT 453.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01°54'00" (THE CHORD BEARS NORTH 04°10'08"WEST, 15.02 FEET); THENCE LEAVING SAID EAST RIGHT OF WAY LINE, NORTH 88°50'22" EAST, 96.82 FEET; THENCE NORTH 47°46'05" EAST, 19.18 FEET TO A POINT OF CURVATURE; 6445 SW Fallbrook Place,Suite too•Beaverton,OR 97008 •emeriadesign.com DCAPDX\3420591.v9 C EMEIUO `® ENGINEERING•SURVEYING•DESIGN EXHIBIT A (PAGE 2 OF 4) THENCE 11.11 FEET ALONG THE ARC OF A 15.50 FOOT RADIUS CURVE TO RIGHT THROUGH A CENTRAL ANGLE OF 41°04'18" (THE CHORD BEARS NORTH 68°18'14' EAST, 10.88 FEET; THENCE NORTH 88°50'22" EAST, 2.83 FEET TO A POINT OF CURVATURE; THENCE 47.98 FEET ALONG THE ARC OF A 40.76 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 67°26'32" (THE CHORD BEARS NORTH 56°31'14" EAST, 45.26 FEET); THENCE NORTH 21°41'48" EAST, 7.97 FEET TO A POINT OF CURVATURE; THENCE 7.52 FEET ALONG THE ARC OF A 15.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 27°48'06" (THE CHORD BEARS NORTH 35°35'51" EAST, 7.45 FEET); THENCE NORTH 49°29'54" EAST, 2.21 FEET TO A POINT OF CURVATURE; THENCE 31.29 FEET ALONG THE ARC OF A 47.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 37°34'40"(THE CHORD BEARS NORTH 30°37'34" EAST, 30.73 FEET);THENCE NORTH 11°45'14" EAST, 131.41 FEET TO A POINT OF CURVATURE; THENCE 10.09 FEET ALONG THE ARC OF A 15.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 37°17'11" (THE CHORD BEARS NORTH 30°23'49" EAST,9.91 FEET);THENCE NORTH 49°02'24"EAST,89.30 FEET;THENCE NORTH 24°58'50" EAST, 236.14 FEET TO THE SOUTH RIGHT OF WAY LINE OF S.W. ATLANTA STREET(30.0 FEET FROM CENTERLINE); THENCE ALONG SAID SOUTH RIGHT OF WAY LINE, SOUTH 83°36'33" EAST, 15.83 FEET TO THE POINT OF BEGINNING. CONTAINING 10,566 SQUARE FEET, MORE OR LESS. REGISTERED PROFESSIONAL LAND SURVEYOR 0-J IV% OREGON ANUARY 15. 1 7 JON T. FEIGION 2252 EXPIRES 12-31-21 BASIS OF BEARINGS: SN 25,986 WASHINGTON COUNTY SURVEY RECORDS 6445 SW Fallbrook Place,Suite too•Beaverton,OR 97008 •emeriodesign.com DCAPDX13420591.v9 EXHIBIT A (PAGE 3 OF 4) A TRACT OF LAND LOCATED IN THE S.W. 1/4 OF SEC. 36, T.1 S., R.1 W., W.M. CITY OF 11GARD, WASHINGTON COUNTY, OREGON Sw AT\...„.„...-*--- .---. LANTA STREET m N 83"36'33"W 43,86' o -- m L17 V �-----NE CORNER PARCEL A POU IT OF BEGINNING TL 500 IDOWONT NO• 151 36DC PARCE 2018-02.625a 116 L1 (12000 1S136G0 \� 47' 47' It.4500 15136DC /� L15 2 cL-10.0C99' ` ``\````\` Z SCALE: I"=1 OO' 'cra L14 L3 1 c ; C8 0' 100' 200' L=31.29' L=7.52' oo C6 L13 Cl 151 36 0 L=47.98' L12 L=41.17' L=41.17' C5 Li1 � L4 rsc REGISTERED L=11.11' Ls PROFESSIONAL � C4 ' L9 L10 \ ����\���C2 LAND SURVEYOR L....5.02' L6 L=65.59' LS C3 �1 L=11.11' PATH EASEMENT OREGO AREA=10,5665E ANUARY 15,1\C91;37 \ JON T.FEIGION SEE LINE TABLE PAGE 4 OF 4 fr 2252 BASIS OF BEARINGS:SN 25,986 WASHINGTON CO.SURVEY RECORDS EXPIRES 12-31-21 \ \ \ 1 DRAWN BY: J7F JOB NO.: 0593-002 PATH EASEMENT CI E ME SIO `, ENGINEERING•SURVEYING•DESIGN SCALE: 1" = 100' 71. 2000 1S1 36CD 6445 SW FALLBROOK PLACE,SUITE 100 BEAVERTON,OREGON 97008 TEL(503)746-6812 DATE: 1-13-21 0593-002-PATHEXH.DWG FAX;(503)6399592 www.emeriod esign.corn DCAPDX\3420591.v9 EXHIBIT A (PAGE 4 OF 4) A TRACT OF LAND LOCATED IN THE S.W. 1/4 OF SEC. 36, T.1 S., R.1 W., W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON Line Table Line# Length Direction 11 244.38 S24'58'50"W 1_2 92.66 S49°02'24"W L3 131.57 511"45'14"W I Curve Table L4 2.34 S49°29'54"W I Curve# Length Radius Delta Chord Chord Bearing L5 8.22 521°41'48"W I Cl 41.17 62.50 37°44'40" 40.43 530°37'34"W L6 2.85 S88°50'22"W C2 65.59 55.76 67°23'56" 61.88 556°20'20"W L7 19.18 547'46'05"W C3 11.11 15.50 41°04'18" 10.88 568°18'14"W L8 95.84 588°50'22"W C4 15.02 453.00 01°54'00" 15.02 N04°10'08"W IL9 96.82 N88°50'22"E CS 11.11 15.50 41°04'18" 10.88 N68°18'14"E L10 19.18 N47°46'05"E C6 47.98 40.76 67°26'32" 45.26 N56°31'14"E L11 2.83 N88°50'22"E C7 7.52 15.50 27°48'06" 7.45' N35°35'51"E L12 7.97 N21'141'48"E C8 31.29 47.50 37°34'40" 30.73 N30°37'34"E L13 2.21 N49°29'54"E C9 10.09 15.50 37°17'11" 9.91 N30°23'49"E L14 131.41 N11°45'14"E L15 89.30 N49°02'24"E L16 236.14 N24°58'50"E IL17 15.83 583°36'33"E REGISTERED PROFESSIONAL LAND SURVEYOR OREGO� ANUARY 15, 1987 JON T.6EIGION 2252 EXPIRES 12-31-21 DRAWN 8Y JTF JOB NO.: 0593-002 PATH EASEMENT C EMERIO mot ENGINEERING•SURVEYING•DESIGN SCALE: 1" - 100' TL 2000 1S1 36CD 6455 sW FALLBROOK PLACE,SUITE 100 BEAVERTON,OREGON 97008 TEL:(503)746-8812 DATE: 1-13-21 0593-002-PATHEXH.DWC FAX(503)639.9592 vrvnv,emetloeesigi corn DCAPDX\3420591.v9