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90-45855 E DIVIDUAL 9®- 4 5 8 5 5 Y Washington County PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Jean M. Barnes and Joan M. Bernards, hereinafter called the Grantors, in consideration for the sum of Two Hundred Twenty dollars ($220.00) 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 REOF, the grantors have hereunto set their hands and seal this day o 1990. By 0"m e~4 1 Jean M. Barnes By Llae~~~ Joan M. Bernards STATE OF OREGON ) ss County of Washington ) BE IT REMEMBERED, that on this day eL~kl . 1990, before me, the undersigned Notary Public in and for the State of Orego pe onally appeared the within- named Jean M. Barnes and Joan M. Bernards 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. IN -TESTIMONY WHEREOF, I have hereunto set my hand and seal this Ze day, of ; 1990. Notary Public for Oregon My Commission Expiresi ~5 _9 Approved as to legal description this day of f 1990. By: Title: Approved this to day of 1990. DEPARTMENT OF COMMUNITY DEVELOPMENT By: /e::: ~ , ' /2! ~ r Title: C, wILSEY&HAM PACIFIC 1099 S.W. Columbia Street Portland, Oregon 9720rl EXHIBIT A UTILITY EASEMENT A parcel of land situated in the southeast quarter of the southwest quarter, of Section 35, Township I South, Range 1 West, W.M., Washington County, Oregon. Said parcel of land being -more particularly described as follows:. SEGINNING at a point on the southerly property line of that parcel of land granted by Jean M. Barnes and Joan M. Bernards in trust deed to Ticor Title Insurance Company in Fee No. 88-05293 recorded February 5, 1988, said point being 35.00 right of engineer's centerline station 109+87.99, more or less, as defined in City of Tigard Ordinance No.,90-01 dated January 22, 1990, more or less; Thence, Northerly and parallel with the easterly tight of way line of said Greenburg Road to a point which is 35.00 feet right of engineer's centerline station 110+26.44, as illustrated in the. City of Tigard's SW Greenburg Road R/W - Easement Exhibits Sta. 109+00 to.Sta: 119+00 sheet 2 of 8 dated 1/21/90; Thence, Easterly and at right angles to a point of that is 42.00 feet right of engineer's centerline station 110+26.44; Thence, Southerly to a point of .intersection with the southerly property -.line of Barnes- and _Bernards parcel that is 42.00 feet right of engineer's centerline station 10.9+90.99; Thence, southwesterly along, the said southerly _ property line to the Point of Beginning. 1S1 35DC 7500 REGISTERED PROFESSIONAL I LAND SU11VEY"% 4 - J OR GOLE GEORGE JULY 14, t97f ; . CATHY 9 B 9 i )KISEY&HAN_ PACIFIC 1099 S.W. Columbia Street Portland, Oregon 97201 EXHIBIT B CONSTRUCTION - EASEMENT A.parcel of land situated in the southeast quarter of the southwest 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 a point on the southerly property line of that parcel of land granted by Jean M. Barnes and Joan M. Bernards in trust deed to Ticor Title Insurance Company in Fee No. 88-05293 recorded February 5, 1988, said point being 35.00 right of engineer's centerline station 109+87.97, more or less, as defined in City of Tigard Ordinance No. 90-01 dated January 22, 1990; Thence,. Northerly along and parallel to said easterly right of way line to a point of intersection with the north property line of said Barnes and .Bernards parcel, as illustrated in the City of Tigard' s SW Greenburg Road R/W - Easement Exhibits Sta. 109+00 to Sta. 119+00 sheet 2 of 8 dated 1/21/90, said point being 35.00 feet right of engineer's centerline station 110+77.20, more or less; ; Thence, Northeasterly along said north property line to a point of that is 40.00 feet right of engineer's centerline station 110+81.23, more or less; Thence, Southerly and parallel with said right of way line to a point of intersection with the south property line of said parcel, said point being 40.00 feet right of engineer's centerline station 109+90.99; Thence, Southwesterly along said south property line to the Point of Beginning. 151 350C 7500 PZr Jrf-~r a7 ~j S=.i:: i Or.EG0N JULY 1•:. 1972 : iEY GEORG 9 a A if IS1 350C_7500 ' 11730 SW GREENBURG RD 1 1S1 35DC 7600K 11780 SW GREENBURG RD 1 Area Described F- in Exhibit A • N ` 0D d 04 ct o N + ^N F n W 7 O V EXIST. BLDG. , V- Fj V 1 g d~ -M A CURB 0 sun 'elm - - one 3/4- IP *am one ~r Area Described - - - - - - _ . _ _ _ - ~ in Exhibit B BIKE PATH 0 j o d a g < a w Gr--. eenburg ` - - ` - - - - _ 00 M 0 a m,< n g a~".f' Road _ arm N o 111+ N w ~~SdMB~q °wa O 110+00 o -j o ro n z- E.P. - - L" C) 099 /8- IR 10 Z" a! U) QojV U) lpo 3 r w 7 o NORTH EXHIBIT MAP q SCALE: 1" = 20' SW 1/4 OF SE 1/4 OF SECTION 35 T1S R1W W.M. n