Loading...
96-091565 eqp 'RETURN RECORDED DOCUMENT T(6,, I,TE OF OREGON } SS CITY HALL RECORDS DEPARTMENT, County of Washington CITY OF TIGARD I, Jerry R. Hanson, PiI c of Assess- 13125 SW Hall Blvd. ment and Taxation and o County Ti rd, OR 97223 rti that f Sa Clerk for said count% the within instrument received INDIVIDUAi and recorded in b tills of said county. n File No G/ i ~JD • g1r`i VKLAT Je , , • ~ ,nDirector of ds Taxation, Ex- Jerk Doc 96091565 Rect: 173427 28.OOi 10/11/1996 10:37:22am EASEMENT J PERMANENT - - - - - PUBLIC UTILITY WASHINGTON SQUARE, INC., a Washington corporation hereinafter called the Grantors, releases and quitclaim=tO the City of Tigard a perpetual 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 parcel of land described in Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon. 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 Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the 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. The terms and provisions on Exhibit 8 attached hereto are incorporated herein by this reference. IN WITNESS WHEREOF, I hereunto set my hand on this Os-0 day of April , 19. 96. WASHINGTON SQUARE, INC. By:~..~ _ r By: KA_ Signature Its: Signature Its: Vc.#_ Pv-e,.1&t,,,+ P-n- Rnx 91545 _ 700 Fifth Avenue, Suite 2600 Tax Statement Mailing Address Mailing Address Seattle, Washington 98111-3545 Seattle, Washington 98104-5026 66TOtJ STATE OF ) ss. County of Vlm~n ) This instrum t ackn 1 ed be me on 7 (date) by l~ . ~~11lLUtc~C~ Qi7~ Y name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of Washington Square, Inc. of party on behalf of whom instrument was executed). s I Notary's Signature n wuq ~j♦ dip p My Commission Expires: l 97 Accepted on behalf of the City of Tigard this ~ZTay of Se'n w Lei- , 19--.9.6 City =Engineer NO CHANGE IN TAX STATEMENT IAEN(NUB-FORMWUB• V-M. DOT 1--~f PAGE 1 OF 4 : I PACIFIC 8405 S.W. Nimbus Avenue Beaverton, OR 97008-7120 "EXHIBIT A" PAGE 1 VACATION DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN AND BEING A PORTION OF S.W. CASCADE BLVD.; THE SAID PARCEL BEING DESCRIBED AS FOLLOWS: COM]WENCING AT THE SOUTHWEST CORNER OF .THE D.C. GPJJ1A ii DONA:TON LAND.CLAIl`1 NO. 52; THENCE NORTH 03°42'53" WEST, 1384.43 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF CASCADE BLVD. AS DEPICTED ON C.S. NO. 11,314, WASHINGTON COUNTY SURVEYOR'S OFFICE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN THE DEED TO THOMAS J. HOLCE, RECORDED AS RECORDERS FEE NO. 934M4 FILM RECORDS OF WASHINGTON COUNTY, OREGON; THENCE SOUTH 01'14'00 EAST ALONG SAID RIGHT-OF-WAY LINE, 53.84 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 230.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, THROUGH A CENTRAL ANGLE OF 31 °53'00" (THE CHORD BEARS SOUTH 17' 10'30" EAST, 126.34 FEET) AN ARC DISTANCE OF 127.99 FEET TO A POINT OF TANGENCY; THENCE SOUTH 33°07'00" EAST, 78.47 TO A POINT OF NON TANGENT CURVATURE WITH A 305.00 FOOT RADIUS CURVE CONCAVE TO THE EAST AND TO WHICH POINT A RADIAL LINE BEARS NORTH 45°59'02" EAST, SAID POINT IS 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM THE NEWLY RELOCATED CENTERLINE OF CASCADE BLVD. AND IS THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE ABOVE MENTIONED 305.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 34°57'42" (THE CHORD BEARS SOUTH 61 °29'49" EAST; 183.24 FEET) AN ARC DISTANCE OF 186.11 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE, SAID POINT BEING 30.00 FEET WHEN MEASURED AT RIGHT ANGLES FROM ABOVE MENTIONED RELOCATED CENTER LINE; THENCE NORTH 89°22'00" WEST ALONG SAID RIGHT-OF-WAY LINE, 51.30 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A 100.00 FOOT CURVE CONCAVE TO THE NORTHEAST THROUGH A CENTRAL ANGLE OF 56°15'00" (THE CHORD BEARS NORTH 61°14'30" WEST, 94.28 FEET) AN ARC DISTANCE OF 98.17 FEET TO A POINT OF "EkNGEr;CY; THENCE NORTH133'07'00" WEST, 49.57 FEET TO THE POINT OF BEGINNING. CONTAINING 0.053 ACRES MORE OR LESS. GISTERED PR FESSIONAL, L SUR R OREGON LY 1904 .I 'N D. PLn`NM FXP ..__t2131 (P (503) 626-0455 Fax (503) 526-0775 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services PAGE 2 OF 4 25.00 "EXHIBIT A" 25. oo' PAGE 2 i I I REGISTERED ROFESSIONAL ND SURVEYOR 1' - 60' OCTOBER 4, 1994 LY 19, 1994 TEE D. PUTNAM ` P IF C 2676 .~&O ~ ~ L 12-31-94 ft-ft "w" ft-ft I M-9.0 bdb" FEE NO. 93-026084 TRUE POINT OF BEGINNING NEW CIL CASCADE BLVD. A = 34 57'42" 30.00R . 305.00' L = 186.11' N33 07'00 - - - - 49.57' 25.00' VACATED AREA OLD CA 30.00' A = 561, 0" N89 22'00" R 100.00' 51.30' L = 98.17' PAGE 3 OF 4 i EXHIBIT B Repairs and Restoration. Grantee agrees to repair any damage to Grantor's property or any improvements thereon resulting from the exercise of Grantee's rights granted herein and completely restore Grantor's property to its condition immediately prior to each exercise of Grantee's rights granted herein. Indemnity. To the fullest extent permitted by applicable law, Grantee agrees to indemnify, defend, and save Grantor harmless from and against any and all claims for damages suffered, and any other loss, cost, or other expense incurred by Grantor (including, without limitation, reasonable attorneys' fees), or any claim, demand or action asserted against Grantor, arising out of Grantee's exercise of the rights granted herein. PAGE 4 OF 4