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2000-072996 I~ 3 _0, STATE OF OREGON • mty of Washington $S ' I, Jerry ` T of Assess- ment and o County rt that RETURN RECORDED DOCUMENT TO: therwitor r e e ved and re V, CITY HALL RECORDS DEPARTMENT, county f said CITY OF TIGARD * m 13125 SW Hall Blvd. Tigard, OR 97223 ~~"p r*~ 5 ~w*` O " irector of axation, Ex- File No. Jerk Doc 2000072996 EASEMENT Rect: 262722 37.00 09/11/2000 10:16:06am PERMANENT TRAFFIC SIGNAL - - - - - Michael L. Summers and John M. Berman, partners, hereinafter called "Grantors," in consideration of payment to them in the sum of $1,000.00 and other good and valuable consideration, receipt of which is hereby acknowledged, grant and convey unto the City of Tigard, Oregon, hereinafter called the "Grantee," a perpetual, nonexclusive easement for the construction, maintenance and free access to the parcel of land described in Exhibit A, attached hereto and incorporated by reference, situated in the City of Tigard, Washington County, Oregon, for the purpose of constructing and maintaining a traffic signal at SW 72nd Avenue and SW Beveland Street, Tigard, Oregon, subject to the conditions set forth herein. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except as expressly provided herein. Nor does it limit or prevent Grantors from the full use and dominion thereover. All costs of maintenance and power for the traffic signal apparatus shall be paid by Grantee and not by Grantors and all costs of installation shall be paid by Eagle Hardware and Garden, Inc. ("Eagle"). As between Eagle and . Grantee, Grantee and Eagle further agree by accepting this easement that Eagle shall be fully responsible for any damage caused by Grantee to 1) Grantor's premises; and/or 2) any television, telephone and/or electrical cable, water, sewer, storm sewer, landscaping and/or any other features belonging to Grantors in the easement or otherwise on Grantors' property, an to repair at its own expense promptly any damage caused by Grantee or on Grantee's behalf. Grantee further agrees to defend, indemnify and hold Grantors harmless on account of any claims by third parties resulting from the acts or omissions of Grantee in connection with its activities in said easement. 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 Grantors, their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. IN ESS WHEREOF, I hereunto set my hand on this / f 460/ , 2000. Signa • Signature -1176-5,Q -7 / 75' 45W ful,~cAgh~_ Address Address Tl /f 2 7 2z3 Jr G^4 O~-t Address Address Ponlndl-2032186.1 0099999-00006 s STATE OF OREGON ) ss. County of Washington ) lThis instrument was acknowledged before me on March 2000. By: TD'A n aan Ke fuN~MPAS (name of persons). Notary Public for. Oregon: 4e~ My Commission Expires: A!!ujt st s2Odo1 Eagle Hardware and Garden, Inc. a./ DnAlld F VV~ Signature OFFICIAL SEAL LINCOLN E HERMAN NOTARY PUBLIC-OREGON 1( " COMMISSION NO. 315329 DAVID E. SHELTON MYCOMMISSION EXPRES AUGUST 1 2002 Title SWOR VICE STATE OF£AL A ~1(C ) ss. County of S ) =h' This instrument was acknowledged before me on hl _454! 2000. By: ; n S u. e. Pk I~Sa (name of person(s)). MINNIE SUE MILLSAPS NC NOTARY PURIGNORTH CAROUNA Notary Public for AreMeg: COUNTY OF ;~11LKES My Commission Expires: S p Commission Expires 05-26-2002 Accepted on behalf of the City of Tigard this z3 day of 2000. City gineer Portlndl-2032186.1 0099999-00006 EXHIBIT "A" 72m AVENUE AND BEVELAND STREET TRAFFIC SIGNAL AND SIDEWALK EASEMENT A parcel of land lying in the northeast quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, intending to be a 15'x 20' parcel of land along the right-of-way frontage more particularly described as: Commencing at an iron rod in a monument box on the cerrterline of S.W. 72°d Avenue, said rod marking street station 17+93.64; thence N020 33'30"E - 105.86' along the said centerline to station 18+99.50; thence S87°26'30"E - 25.00' to the right of way line of S.W. 721 Avenue and the true Point of Beginning; thence N02 ° 33'30"E - 20.00' along said right-of-way lime; thence S86°32'16"E -15.00; thence S02°33'30"W - 20.00; thence along the right-of-way of S.W. Beveland Street N86 03211611W -15.00' to the Point of Beginning, containing 300 square feet. A q • ,Q ~L O X04 OG ~ qti 3 V X 19 TRAFFIC SIGNAL 300 SQUARE GRAPHIC SCALE 0 10 20 40 S8V32'16°E - 15.00' W FEET 25' 1 inch = 20 ft N0733'30°E N 20.00' S0733'30V 20.00' EXISTING RIGHT OF WAY o ~ + S87'26'30"E rn j 25.00' r N8W32'16V - 15.00' POINT OF BEGINNING STA 18+99.50 25.00' R ( 25' ~I. BEVELAM 471. m O 2 W e O ~ I N O Z O 5/8" IRON ROD IN MONUMENT BOX + CL STA 17+93.64 ]E 3STEATSEl~I leTRI C SCI. INC. PLANNERS. CIVIL EIS. AND SURVEYORS 7lMlW.NMIP=Sn0R~nLP0101MA,o1AWNrm Ptiotc ~ weaees tquc t~ mater "Llo4m M MAN= e11Sar omm