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90-045862 / 90-45862 Washington County PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT James M. Aitken and Nancy L. Aitken, hereinafter called the Grantors, in consideration for the sum of.Four Hundred Fifty dollars ($450.00) 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 d 1990. 4 James M. Ait en By Nancy 'tken STATE OF OREGON ) ss County of Washington ) BE IT REMEMBERED, that on this day of 1990, before me, the undersigned Notary Public in and for the State of Oregon, rson y appeared the within- named James M. Aitken and Nancy L. Aitken who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that have executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day 'of. 1990. 0 ~Notary Pub ' for Oregon ~ My Commission Expires: US Apprdve.d"as to legal description this day of 1990. By: Title: 1 66kia Approved this day of 1990. DEPARTMENT OF COMMUNITY DEVELOPMENT By: Title: C' 2S 1 2AA 1200 EXHIBIT A UTILITY EASEMENT DESCRIPTION A parcel of land situated in the northeast quarter of the northeast quarter of Section 2, Township 2 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 northerly property line of that parcel of, land conveyed to James N. Aitken and Nancy Lou Aitken in Book 457, page 233 of the Washington County Records, 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, Southerly along the aforementioned right of way line of S.W. Greenburg Road to a point that is at right angles and perpendicular to engineer's centerline station 103+99.69 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 of 103+99.69; Thence, to a point that is 35.00 feet left of engineer's centerline station 104+13.96, more or less , and on the northerly property line of said Aitken parcel; Thence, northeasterly along the aforementioned northerly property line to the Point of Beginning. REGISTERED `t PROFESSiOINIAL L.-C~""'D Stir VEYOR G, N J 1.;. 1372. GEOR t E. CATHY. 979 CONSTRUCTION EASEMENT EXHIBIT B A parcel of land situated in the northeast quarter of the northeast quarter of Section 2, Township.2 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 northerly property line of that parcel of land conveyed to James N. and Nancy Lou Aitken in Book 457, page 233 of the Washington County Records, and the westerly right of way line of S.W. Greenburg Road as defined in City of Tigard Ordinance No. 90-01 dated JanuaryY 22, 1990; Thence, Southerly along the aforementioned right of way line of S.W. Greenburg Road to a point of intersection with the southerly.propeny line of said Aitken parcel, said intersection being at right angles and perpendicular to engineer's centerline station 103+43.94, 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 of 103+43.94; Thence, to a point that is 35.00 feet left of engineer's centerline station 104+13.96, more or less , and on the northerly property line if said Aitken parcel; Thence, northeasterly along the aforementioned northerly property line to the Point of Beginning. REGISTERED PROFESSIONAL; L.A1V .,U12VEYt3R OR. GON .rutr ~a, ~s~z GEORGE B.9CATHEY ilo g r" _ CIS 104,+-00 r - _ r - Described. 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