96-091566
ATE OF OREGON
RETURN RECORDED DOCUMENT--Til, } SS
_..unty of Washin t n
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD I, Jerr ng, = of Assess-
Y O'
A 13125 SW Half Blvd. ment an • io County
"u Clerk for rtify that !
/ Tigard, OR 97223 the withr i r received
and re. rOb r ' s -of said
INDIVIDUAL county.
4l•
File No rPc5~+~6 • W VA'Ti irector of
`s~ axation, Ex-
lerk
Doc 96091566
Rect: 173427 26.00
10/11/1996 10:37:22am
EASEMENT - -
PERMANENT
PUBLIC UTILITY
THOMAS J. HOLCE hereinafter called the Grantors,
rel6 ee-s 3n-l a utc-h-ims unto 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 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 B attached hereto" are incorporated herein by this eference.
IN WHEREOF, I here to t my hand on this -clay of .19
Signs Signature
z4m /V, Tax Statement Mailing Address Mailing Address
STATE OF OREGON
)SS.
County of Washington )
This instrument was acknowledged before me on JOti,~-_ . J T? ( (date) by mA 5 .
(nameKof person('
as (type of authority, e.g., officer, trustee, etc.)
of Tilory? As J" (name of party on behalf of whom instrument was executed).
KAREN M. MARKLE _
NOTARY PUBLIC
§%0 OF WASHINGTON No s Signature A~'j m m
Ci9dYIMISSION EXPIRES My Commission Expires:- 0
OCTOBER 19, 1998
Accepted on behalf of the City of Tigard this day of See,~~ , 19 .
City Engineer
NO CHANGE IN TAX STATEMENT
1AENG\PUB-F0RM\PUB-U-1N.D0T PAGE 1 OF. 4 /
PACIFIC
8405 S.W. Nimbus Avenue
Beaverton, OR 97008-7120
"EXHIBIT A"
PAGE 1
VACATION DESCRIP'T'ION
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:
COMMENCING AT THE SOUTHWEST CORNER OF THE D.C. GRAHAM DONATION LAND CLAIM
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. 93-026094 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-0F WAY 1NE, 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 FEE'1~ AN ARC DISTANCE OF 98.17
FEET TO A POINT OF TANGENCY; THENCE NORTH 33°07'00" WEST, 49.57 FEET TO THE POINT
OF BEGINNING.
CONTAINING 0.053 ACRES MORE OR LESS.
GISTERED
PR FESSIONALR
D70REGOR
Y L 19, 1994
N D. PiJT1+61~1A
FXP V2131J (503) 626-0455 Fax (503) 526-0775 Planning* Engineering • Surveying .@ Landscape Architecture • Environmental Services
PAGE 2 OF 4
(00 25.00 "EXH181 T A"
5.00' PAGE 2
I ~
1 I
T TERED
SSIuNAL
URVEYOR
1
1' - 60'
OCTOBER 4, 1994 rEWAL.- 1994
PUTNAM
~r ;T(; .
MEA LUI I -31-94
MUM ~ "
jus) m-ow
` 11n" ho w% ape" -bmm*im-ft.
FEE N0.
93-026084
TRUE POINT
OF BEGINNING
NEW C/L CASCADE BLVD.
0 = 3475742 30.00 R = 305.00'
L = 186.11 '
49.57' 25.00'
OLD CIL 3o.oo'
VACATED AREA
0 = 56'15'00" N89-22'00"
R = 100.00' 51.30'
L = 98.17'
PAGE 3 OF 4 3
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