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97-028008 RETURN RECORDED DOCUMENT TO: STATE OF OREGON SS C:T HALL RECORDS DEPARTMENT. ! ty of Washington A CITY OF TIGARD 13125 SW Hall Blvd. I, Jerry ~:`a17~P1Ui;Directer of Assess- ment and °-Taxatvdn .and _COf%o County Tigard, OR 97223 Clerk for a'cf 4 oart#y, d r&ftify that the withip instrument of, d*was received 1 INDIVIDUAL and reC>7r6ed :in Goof p# records of said county., File No. c gkovI 7 :ferry, R~ Hansoni':Director of Sii sii~ t_a4$taxation, Ex- OMci4 C+'iuntYClerk EASEMENT Doc 97028008 Rect: 183412 23.00 03/31/1997 09:46:26am PERMANENT TRAFFIC SIGNAL Ralph D. & Marv H. Durkee hereinafter called the Grantors, in consideration for access to the traffic signal at Durham Rd. & SW 79th Ave from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for the construction, maintenance and free access to, the traffic signal apparatus on the parcel of land described in Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon. 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 be permitted to damage or destroy the traffic signal apparatus or otherwise interfere with construction, maintenance, and access to, such traffic signal apparatus, and it is FURTHER UNDERSTOOD AND AGREED that the City of Tigard shall never be required to be subject to any damages to the Grantors, their heirs, successors and assigns by reason of change of access or grade at the street abutting said property. Grantor shall maintain the landscaping within the easement. All costs of installation, maintenance and power for the traffic signal apparatus shall be paid by the City unless otherwise stated above. 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 Grantors does hereby covenant to and with the City of Tigard, that it is the owner in fee simple of said premises; that the above described property is free from all encumbrances, and that it will warrant and defend the same from all lawful claims whatsoever. r~ IN WITNESS WHEREOF, I hereunt set my hand on this 1 day of 19 R 1 z&" 'e - 74 (Tu a Signature Signature 01 A ss Address Q~ ~ ~ Z 2 STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on ~ (date) by: Cl.l IJ t \ (nay-4 14. l J to r' 4r (name of person(s)). OFFICIAL SEAL Lci" 0~9 DIANE M JELDERKS NOTARY PUBLIC-OREGON Not, ry's Signature COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission Expires: 99 Accepted on behalf of the City of Tigard this $th day of Ma P J1 . 19 . City Engineer NO CHANGE IN TAX STATEMENT IAENG\PUB-FORM\TR-SIG-I DOT LEGAL DESCRIPTION FOR TRAFFIC SIGNAL EASEMENT A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE PROPERTY DESCRIBED IN FEE NUMBER 92-79001 OF THE WASHINGTON COUNTY DEED RECORDS AND ITS INTERSECTS WITH THE SOUTHERLY RIGHT-OF-WAY OF DURHAM ROAD AS DESCRIBED IN FEE NUMBER 95-46769.1 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 87'31'58" W ALONG SAID SOUTHERLY LINE A DISTANCE OF 15.2 FEET TO STATION 116+90.7 (STATIONING FROM SURVEY NUMBER 26194) TO THE TRUE POINT OF BEGINNING; THENCE N 87° 31' 58" W, ALONG SAID SOUTHERLY RIGHT-OF- WAY, A DISTANCE OF 5.00 FEET; THENCE S 02° 28902"W, LEAVING SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 5.00 FEET; THENCE S 87° 31' 58" E, PARALLEL WITH AND 5' FROM SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 5.00 FEET; THENCE N 02° 28'02" E A DISTANCE OF 5.00 FEET TO THE' TRUE POINT OF BEGINNING CONTAINING 25 SQUARE FEET. i lengyohnrh W urhmsig.=s ~a9 e a o~ 3 .yr.; 01 EX40~T B R`i w EXISflNG R/W LINE PROPOSED R/W L/;7 TEMPORARY CONSTRUCTION EASEMENT ( EASF,,~ Zss 4 F~ivT 2 DURKEE, RALPH D. I I do MARY H. I I 7910 SW DURHAM 92-079001 2S-1-13BA TAX LOT 300 FILE NO. 023 I I I I SCALE: 1"II50@ lO 1.465 Square Feet 02 1,800 Square Feet I I I i LEGEND AREA TO BE ACQUIRED I DEDICATION ( I I EASEMENT TUALATIN VALLEY HIGHWAY HALL BOULEVARD - UPPER DURHAM ROAD)fRRY ROAD SECTION PACIFIC STATE PROJECT NO. 6267 DATE. NOVEMBER. 16, 1994