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85th Avenue - Cook Park Expansion RETURN TO: Unified Sewerage Agency 155 N First Ave-Mail Stop 10 Hillsboro, OR 97124 Project: Parcel No.: Legal Description: Linear Feet: Space above for Washington County Recording sticker ROADWAY EASEMENT Name of GRANTOR(s): Unified Sewerage Agency Address: 155 N First Avenue Hillsboro OR 97124 GRANTOR, owner of the property described herein, does hereby grant to the City of Tigard, Oregon, GRANTEE, the right to enter and to lay down, construct and perpetually maintain and use a roadway upon the permanent easement area described on Exhibit A attached hereto and incorporated herein by this reference. This grant of easement shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto,their successors and assigns. This grant is made upon the conditions set forth in Exhibit B, which is attached hereto and by this reference incorporated herein. GRANTOR further grants to GRANTEE the temporary right to engage in roadway construction activities in the temporary easement area described in Exhibit A. The temporary easement granted hereby will automatically extinguish upon acceptance of the completed roadway in the adjacent permanent easement. No structure other than the roadway shall be erected within the permanent easement area without the written consent of the GRANTEE. The consideration for this grant is $8,169. IN WITNESS WHEREOF,the GRANTOR named above has hereunto set his hand this 4A day of 6.17- , 20 d/ Grantor: UNIFIED SEWERAGE AGENCY APPROVED TO FORM: By: ) � U o Title: fo� Geh errs M4 q!Ejer _ NOTARIZE DOCUMENT BELOW STATE OF OREGON ) ss. County of Washington ) This instrument was acknowledged before me by on (date)by __ LS&ra/el /tf 4;7h - (name *of person as pF ene / (title/type of authority) on behalf of Unified Sewerage A—�otzct OFFICIAL SEAL t7 )REGON rr �.,. ivv. 309865 _ A' L• MYCOMMISSI PIRESFEB.24,20M Notary Public for Oregon My Commission Expires: 42 tl► Accepted on behalf of the City of Tigard this 9 day of Me&Ya 1+ , 20 01 C\enp@OolcipMtMroadway easement-usa.doc City Engineer OFFICIAL SEAL CHRISTINA E DANGLE NOTARY PUBLIC - OREGON COMMISSION NO. 309865 PAGE 1 —ROADWAY EASEMENT nV COMMISSION EXPIRES FEB.24,2002 EXHIBIT "A" LEGAL DESCRIPTION FOR 20.00 FOOT WIDE ROADWAY EASEMENT AND A 30.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT THE CENTER LINE OF A 20.00 FOOT WIDE PERMANENT ROAD WAY EASEMENT, 10.00 FEET ON BOTH SIDES OF CENTER LINE, AND A 30 FOOT WIDE TEMPORARY CONSTRUCTION, EASEMENT 15 FEET ON BOTH SIDES OF CENTER LINE, LOCATED IN THE NORTHWEST ONE- QUARTER OF SECTION 13 AND THE NORTHEAST ONE-QUARTER OF SECTION 14 , TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: COMMENCING AT THE 3.5"ALUMINUM DISK SET AT THE EAST ONE-QUARTER CORNER OF SECTION 14; THENCE N 000 04'43" E, ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 822.75 FEET; THENCE S 89155' 17" E, LEAVING SAID SECTION LINE, A DISTANCE OF 11.19 FEET TO THE TRUE POINT OF BEGINNING OF THE ROAD WAY EASEMENT; THENCE S 051 25' 39" E 79.45 FEET; THENCE S 000 13' 04" E A DISTANCE OF 199.63 FEET; THENCE S 030 33'29"W A DISTANCE OF 95.21 FEET TO A POINT OF CURVE OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 52.49 FEET, A DELTA OF 860 31'26- (A CHORD WHICH BEARS S 460 49' 12-W, 71.95 FEET) AND A LENGTH OF 79.27 FEET TO THE POINT OF TANGENCY; THENCE N 890 55' 05"W A DISTANCE OF 180.74 FEET TO A POINT OF CURVE OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 157.70 FEET,A DELTA OF 32° 01,23- (A CHORD WHICH BEARS S 740 04' 1 3"W, 87.00 FEET)AND A LENGTH OF 88.14 FEET TO THE POINT OF TANGENCY; THENCE S 580 03'32"W A DISTANCE OF 120.16 FEET TO A POINT OF CURVE OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 71.55 FEET, A DELTA OF 750 52' 32" (A CHORD WHICH BEARS N 840 00' 12'W, 87.98 FEET)AND A LENGTH OF 94.75 FEET TO THE POINT OF TANGENCY: THENCE N 460 03' 56"W A DISTANCE OF 64.51 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET,A DELTA OF 310 03,28- (A CHORD WHICH BEARS N 610 35'40"W ,53.54 FEET)AND A LENGTH OF 54.21 FEET TO A POINT OF TANGENCY; THENCE N 770 07'24"W A DISTANCE OF 76.15 FEET TO A POINT ON THE EAST LINE OF PARTITION PLAT 1993-078 AS RECORDED IN THE WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING N 00° 05' 11" E 410.61 FEET FROM THE SOUTHEAST CORNER OF SAID PARTITION PLAT. CONTAINING 22644 SQUARE FEET. \\tig333W sr\depts\engyohnrh\85thpath.eas.doc I� I W It f li I I Q (------------------------- -IT I' li I I 00 I, I I � Ii I 1 , I I � I I � I N� ' I I � I � ROADWAY EASEMENT ' I I I I fy IY 11 fY !Y f11 •1r EXHIBIT`B" EASEMENT CONDITIONS The grant of roadway easements by the Unified Sewerage Agency of Washington County, Oregon (Grantor),to the City of Tigard(Grantee)of even date herewith is hereby made subject to the following terms and conditions: 1. The Contractor shall confine construction operations to within the easement limits or make special arrangements with the Grantor if additional area or access is required. 2. During the time that the work is in progress, the Grantee shall make every effort to maintain the site in a neat and orderly condition. All refuse, waste, etc. shall be removed as soon as practicable. Should the work not be maintained in satisfactory condition,the Grantees will cause the work to stop at the request of Grantor until the cleanup portion of the work has been done to the satisfaction of the Grantor. Unusual conditions and special situations may cause final cleanup and restoration to be delayed until the final stages of construction. 3. Grantees shall restore the premises and any buildings or improvements on the property disturbed by Grantees' use of the easements herein granted as nearly as practicable to their undisturbed condition. 4. Grantees agree to hold harmless and indemnify Grantor for all damages and penalties for injury to persons or property, or violations of law, caused by Grantees' use of the easements herein granted, subject to the Oregon Tort Claims Act, except where such injury or violation is due to the negligence of Grantor. 5. Grantees will assure that all insurance coverage (except workers compensation)required of contractors working within the lands subject to the easements will name Grantor as an additional insured. 6. Grantor shall be responsible for rebuilding disturbed portions of the roadway during construction to expand its facilities in the future. 7. The rebuilding of the disturbed roadway shall conform to the plans and specifications of the original roadway construction prepared by Grantee. 8. Grantor shall provide a temporary detour to link the undisturbed portions of the roadway to Cook Park during construction to expand its facilities in the future. 9. The temporary detour shall be constructed by Grantor to a quality that allows access to police and other emergency vehicles. C ATE MPlroadconds.doc 10. The roadway shall neither be used as a construction access nor a storage area for construction vehicles when Grantor embarks on construction of its expanded facilities. C ATE MP\roadconds.doc CITY OF TIGARD EXPENDITURE REQUEST This form is a multi-use form. Appropriate receipts and documentation must be attached to this form. Approved request due Tuesday 5:00 PM—to A/P for checks by Friday(week opposite payroll only). VENDOR NO.: DATE: April 16,2001 PAYABLE TO : Unified Sewerage Agency REQUESTED BY: Diane Jelderks 155 N.First Ave. Hillsboro,OR 97124 Date ...Desc o vaicc No.,etc. Account.No. Amci 4/16/01 Purchase of Roadway Easement for Cook Park Expansion 85th Ave File No. 0347 225-6400-754.022 $ 8,169.00 TOTAL Mileage 31a APPROPRIATION BALANCE: AS OF: PURCHASING: APPROVALS: (IF UNDER$50) Section Manager/Professional Staff (IF UNDER$2500) Division Manager 'pi h�nc ulirt� Ce 11 I o! (IF UNDER$7500) Department Manager (IF UNDER$25000) City Manager (IF OVER$25000) Local Contract Review Board iAergt2001cipkgaarde-phase 1\expentliture-white-property taces.doc