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2023-009032 ~ April Ln ~ Finis Ln Washington County,Oregon 2023-009032 03/07/2023 01:00:45 PM D-E Cnt=1 Stn=30 RECORDS]. $35.00$5.00$11.00$60.00-Total =$111.00 RETURN RECORDED DOCUMENT TO: City Hall Records Department City of Tigard 02930635202300090320070077 13125 SW Hall Blvd I,Joe Nelson,Director of Assessment and Taxation diel and Ex•Officio County Clerk for Washington County, • Tigard OR 97223 !* ' ` Oregon,do hereby certify that the within instrument of writing was received and recorded In the book of records of said county. File No Joe Nelson,Director of Assessment and Taxation, '�vc Es-Officio County Clerk EASEMENT PUBLIC UTILITY— PERMANENT Tigard-Tualatin School District 23J, a public school district of the State of Oregon duly organized under ORS Chapter 332 ("Grantor") grants unto the City of Tigard ("Grantee") a perpetual nonexclusive easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the land and real property described in the attached Exhibit A and depicted in the attached Exhibit B (the "Easement Area"), being a portion of the real property owned by Grantor described in the attached Exhibit C ("Grantor Property"). THE TRUE CONSIDERATION for this grant 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 does this easement otherwise prevent Grantor from the full use and dominion over the Easement Area; provided, however, that such use shall not unreasonably interfere with the uses and purposes of the intent of the easement. Following initial installation and construction of the utilities, and thereafter following any work in the Easement Area, Grantee shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Grantor Property, including the Easement Area, affected by Grantee's work to the condition existing immediately prior to such work. All such restoration shall be performed in a workmanlike manner, in accordance with all applicable laws, ordinances and codes. All such work shall be performed as soon as reasonably possible after the completion of Grantee's work and shall be coordinated with Grantor so as to cause the minimum amount of disruption to Grantor's use of the Grantor Property. Grantee will not permit or suffer any liens to be filed against the Grantor Property arising out of work performed or materials delivered in connection with Grantee's rights under this easement, and will promptly discharge or bond over (in accordance with applicable law) any liens so filed so as to remove same as an encumbrance against the Grantor Property. In the event of any breach or other non-compliance of any provision of this easement, the parties shall have every remedy available under applicable state and federal law. Grantee will indemnify, defend and hold harmless Grantor and its contractors, employees, representatives, and agents and the Grantor Property from and against any and all claims, causes of action, losses, damages, suits, and liabilities of every kind, arising out of any use of the Grantor 1 Property by or under Grantee, including court costs and reasonable attorney fees, except to the extent caused by Grantor's negligence or willful misconduct. IN CONSIDERATION of the premises, Grantee agrees that if the Grantee, its successors or assigns should cause the easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto the Grantee, its successors, and assigns forever. [Signatures follow.] 2 , We 5 1 , 7.03 Ma Ira-) IN WITNESS WHEREOF, I hereunto set my hand on this 2,day of Amy, 2023. GRANTOR TIGARD-TUALATIN SCHOOL DISTRICT 23J, a pub'. chool district of the State of Oregon By: 1J 4140.1).--4. Name: tV i•t. C: ill i+-e.. Its: (, STATE OF OREGON) ) ss. County of Washington) t This record was acknowledged before me on LaJRJ'1 —, 2023, by r-tiNA CX C. I cXyc as CFO of Tigard-Tualatin School District 23J, a public school district of the State of Oregon. OFRCIAL S7AAI� e-P-"'"A —Rib ;44 PATRICIA CUIUSEN ----g -- NOTARY PUBLIC•ORES Notary Public for Oregon -V;11 COMMISSION NO.1014034 /'_ MY COMMISSION EXPIRES JUNE 28,2025 My Commission Expires: tP l 1 + Sr [Signatures continue on following page] 4860-6924-6797.4 GRANTEE sHAcce ted on behalf of the City of Tigard this 6 day of "(Z-cn+ , 2023. ' :te.5 :: Ci .►' gineer STATE OF OREGON) ) ss. County of Washington) hisrecord was ackno le.ted before me on /, 2023, by 0�\ �(�,k� as i`' .PQX of the ity of Tigard. f , siA}to.„_.,„,..... L r_l_____ Notary Public for Oregon OFFICIAL STAMP b ��„ ^ 1 � SHAUNA LARGE My Commission Expires: �` NOTARY PUBLIC-OREGON 1 `r COMMISSION NO.1009754 Lire COMMISSION EXPIRES MARCH 15,2025 4860-6924-6797.4 EXHIBIT A ACCESS EASFIVIENT JOB O. 1700518 :JANUARY 4, 2023 LEGAL DESCRIPTION A TRACT OF LAND BEING A PORTION Of PARCEL 1, PARTITION PLAT NUMBER 2021-008,WASHINGTON COUNTY PAT RECORDS, LOCATED IN THE SOL f HWEST QUARTER OF SECTION 8,TOWNSHIP 7 SOUTH, RANGE 1 WEST, voLLAM-E I E ME:RUYAN,CITY Or TIGARD, WASHINGTO N COUNTY, OREGON, BEING MORE PARTICuLARLY DESCRIBED AS FOLLOWS: BEGINNING Al THE SOUTHEAST CORNER OF SAID PARCEL 1;THENCE ALONG THE EAsTERTY ELNE OE SAID PARCEL 1 NORTH 0009W WEST 58.86 FEET;THENCE LEAVING SAID EASTERLY LINE NoRT H 89'5321"WEST 91.79 FEET;THENCE NORTH 01"02.16'EAST 16,27 FEET; THENCE NORTH 894926" WEST 49.71 FEET;THENCE NORTH 73'14.01"WEST 52,05 FEET,THENCE NORTH 89*55.58" WEST 248.58 FEET; THENCE SODTPT 73'22'05" WEST 52,20 FEET; THENCE SOUTH 59*?.5"12" WEST 81.38 EEL I U THE BEGINNING OF A ON TANGENT CURVE,A RADIAL LINE THROUGH SAD FOUNT BEARS SOUTH 00*03' r WEST;THENCE ALONG THE ARC OF A 111 01 FOOT RA 1U5 CURVE CON AVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 64"02"33"ETh E LONG CHORD OF WHICH BEARS NORTH 57'55'33" WEST 117,72 HET)AN ARC DISTANCE OF 124,08 FEET TO THE EASTERLY RIGHT-OF WAY UNE OE S RIVER TERRACE BOULEVARD AND A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SA PD POINT BEARS SOUTH 64"05`44'WEST THENCE AI ONG SAID EASTERLY RIGHT-OE WAY UNE SOUTH 00.15'54" EAST 120,19 FEET TO TEIF SOUTHERLY LINE OF SAID PARCEL 1;THENCE ALONG SAID SOliTHERLY UNE SOUTH 89'47'52" EAST li 01 FEET TO THE POINT OF BEGINNING. CONTAINING 48,835 SQUARE FEET OR 1.121 ACRES, MORE OR LESS. THE BASIS()E BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM, PORTLAND ZONE. THE RESELL:LANE BEARING OF THE EASTERLY LINE Or SAID PARCEL 1 IS NORTH 00"09`1D"WEST. SAID TRACT OF LAND SFLOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE. MADE A PART THFREor. REGISTERED P*OFESSIONAL SURVEYOR " OREGON MAY 13, 2014 4,- JOHN RoBERT DANIS 88694 ./ X P IR S 12/31 /2"S 4860-6924-6797.4 Exhibit B Depiction of Easement Area ----1-- --------"--- ___ PARCEL 1 ______...._. PARCEL 2 Ei0 >. I.J.J u \NO' < cc cc w 1-- cc AREA u., > 48,835 50.FT. ' N 8949'26"W cn S000311' W 49.71' (RAD.) N 73°14'01"W N 89'5324"W 520? 91.79' - N 89*55'58"VAi . 4° iN.7 S 00°15'54"E ee /77,-0ii N 00°09'10"W S 89'4752"E 616.01' ‘ POINT OF BEGINNING CURVE TABLE: CURVE a LENGTH RADIUS DELTA CHORD CHORD BEARING Cl 124 08 111.01' 540233" 117.72' N 575533"W LINE TABLE: LINE# DIRECTION LENGTH ' — — 11 N 01'112W F 16.27' L2 S 732205"W 52.20' "z-'••—NORTH ;* 1 Cff 13 55925'12"W 3138' S EXHIBIT B DATE: JANUARY 4,2023 DRAWN 8:. JEU ,t,:ON Kin tm It,,t,te/400 ACCESS EASEMENT Itytttene,Oft 9/.109 CHECKED 8Y. iFin CI Sal n't Int ,--- . f ,I0 J111 O•fit SW 1/4 SEC.8/7,25 /R.1W /W M, PROJECT NO, 1700518 ClIv OF TIGARD/WASHINGTON COUNTY/OREGON SHEET 1 OF 1 4860-6924-6797.4 Exhibit I G Legal Description of Grantor Property Parcel 1, Partition Plat Number 2021-008, Washington County Plat Records, located in the Southwest Corner of Section 8, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington county, Oregon. 4860-6924-6797.4