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90-45856 90-45856 GENERAL PARTNERSHIP Washington County v PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Tigarden Court Partnership, hereinafter called the Grantors, in consideration for the sum of Nine Hundred Fifty dollars ($950.00) from the City of Tigard, hereinafter called Grantee, grant and convey 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 following described parcel of land, situated in the City of Tigard, Washington County, State of Oregon: See attached exhibit "A" incorporated by reference and made part of this document. 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. The Grantors, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property prior to written approval by the City as to conformance with City specifications regarding construction. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. Together with a temporary easement for construction purposes as described in exhibit "B" incorporated by reference and made part of this document. 'This easement shall be effective from date of signature for one year for the purpose above described, or until completion of the project, whichever is first. Grantee agrees to hold Grantor harmless for all injury to person or property caused by Grantee's use of property for the purposes above described. IN WITNESS WHEREOF, the grantors have hereunto set their hands and seal this ' day of 73%►1 1990. By Stanley E. Apperson, Partne Timothy W. Norton, Partner STATE OF OREGON ) ss County of BE IT REMEMBERED, that on thisZe day of . 1990, before me, the undersigned Notary Public in and for the State of Oregon, personally appeared the within- named Stanley E. Apperson and Timothy W. Norton who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. TIM NY WHEREOF, I have hereunto set my hand and seal this day, of 1990. rn Notary Public for Oregon My Commission Expires:FA/9-~ 'Approved as to legal description this ~L_day of 1990. By: 'l Title: rQA Goh,//~ Approved this 7 day of u !!S f 1990. DEPARTMENT OF CO ITY DEVELOPMENT By: 0'&~ Title: CI/V SX 4,'; lq6Vr Z EXHIBIT A 1S1 35DC 100 UTILITY EASEMENT DESCRIPTION A parcel of land situated in the southwest quarter of the southeast quarter of Section 35, Township 1 South, Range 1 West, W.M., Washington County, Oregon. Said parcel of land being more particularly described as follows: BEGINNING at the intersection of the southerly property line of that parcel of land conveyed to Tigarden Court Partnership in Fee No. 80618960 and the westerly right of way line -of S.W. Greenburg Road as defined in City of Tigard Ordinance No. 90-01 dated January 22, 1990; Thence, Southwesterly along the aforementioned southerly property line to a point that is 35.00 feet at right angles and perpendicular to engineer's centerline station 104+13.96, more or less, as illustrated in the City of Tigard's SW Greenburg Road R/W - Easement Exhibits •Sta. 100+00 to Sta. 108+99.84 sheet 1 of 8 dated 1/18/90; Thence, to a point that is 35.00 feet left of engineer's centerline station 104+22.13; Thence, at right angles, to a point that is on the westerly right of way line of S.W. Greenburg Road; Thence, southerly along said right of way line to the Point of Beginning. RE.GI5Tei ~ iD PROFESSIONAL LAND RVEYOR OR ON JULY 14, 1972 GEORGE B. CATHEY 979. - EXHIBIT B CONSTRUCTION EASEMENT A parcel of land situated in the southwest quarter of the southeast quarter of Section 35, Township 1 South, Range 1 West, W.M., Washington County, Oregon. Said parcel of land being more particularly described as follows: BEGINNING at the intersection of the southerly property line of that parcel of land conveyed to Tigarden Court Partnership in Fee No. 80018960 and the westerly right of way line of S.W. Greenburg Road as defined in City of Tigard Ordinance No. 90-01 dated January 22, 1990; Thence, Southwesterly along the aforementioned southerly property line to a point that is 35.00 feet left at right angles and perpendicular to engineer's centerline station 104+13.96, more or less, as illustrated in the City of Tigard's SW Greenburg Road R/W - Easement Exhibits Sta. 100+00 to Sta. 108+99.84 sheet 1 of 8 dated 1/18/90; Thence, Northwesterly and parallel to S.W. Greenburg Road right of way line to a point on the northerly property line of said Tigarden Court Partnership parcel and that is 35.00 feet left of engineer's centerline station 105+33.99, more or less; Thence, Easterly along said northerly propoerty line, to a point that is. on the westerly right of way line of S.W. Greenburg Road; Thence, southerly along said right of way line to the Point of Beginning. REGESTERE6 PROFESSIONAL LAND SURVEYOR L ~ ' OReGON JULY 14, 1972 GEORGE B 9CATHEY 97 1S1 35DD 4405 X F- ul A.C. r~r~ 5 8" IR EX. CURB (AC) a ~ w~r~wr~va~ir~r~r ~r~~sw~~o rrr~ ' - 1/1" IP - 5/8" IR CONC. WALK RR SPO(E C O 1 O v> Greenburg Road 105+Q0 104+00 - Area Described inExhibit A E.~. --Area Describe _ y in Exhibit B E A CURB - I ' 5/8 IR A. S. ' - - i I I } I-LIZ 4' IP W.. m j< ro an } F": E" o ry 0 oo a0 C aS~~- I 11 ~ I ~ ~ ~ I ~ I b A.C. I ~ p I I I CONCRETE w o ~~\~SdM z} . o a M I I I `i vvvd111 + W oNi0 a3 o ; a Zo dJ I M Z to N CD o , I = I I I U I U V~1 M F p J F 1- 02 4 I. I ° i o I oho d ° o 0 ♦0 I 1 ° i o rh tn An z CON a ° 0 8 . I.0 I I 1S1 35DC 100 _ _ _ _ _ _ I j I I THE TIGARDEN APARTMENTS ^ - 2AA 1200 w , - I 11865 SW GREENBURG RD ~ I I EXHIBIT MAP SW GREENBURG RD NORTH 1 • SW 1/4 OF SE 1/4 OF SECTION 35 T1S RM W.M. SCALE 1 -20