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90-59451 t OL. 25 INDIVIDUAL GENERAL PARTNERSHIP 90-59451 Washington County PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Michael W. Wilhelm and Dana K. Wilhelm, hereinafter called the Grantors, in consideration for the sum of Five Hundred, Fifty and No/100's Dollars ($550.00) 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 hand and seal this aot'` day of Seer 1990. By Michael W. Wilhelm By, '0't/ Dana IC Wilhelm STATE OF OREGON ) Utility Eawnent - W&Uwbn Page 2 ss County of Washington ) BE IT REMEMBERED, that on this `day of Se~mbel' 1990, before me, the undersigned Notary Public in and for the State of Oregon, personally appeared the within- named Michael W. Wilhelm and Dana K. Wilhelm 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 her Ise d and setao day of 1990. N SCEV UBLIC ~DRE MY ce CRtidQ6~,i Notary Public or rego ~Jly i~oms^~ xirGs My Commission Expires: P-5- .Approved as to legal description this L!~Lday of7 1990. By: )Woh Title: ILAK JOA L.;% T~ Approved this 15" day of OcAhel, 1990. DEPARTMENT OF COMMUNITY DEVELOPMENT By: Line r~ Title: Ct & After Recording Return To: City Recorder PO Box 23397 Tigard, OR 97223 EXHIBIT A April 18, 1990 1S1 35 DC 7600 UTILITY 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 a point on the westerly property line of that parcel of land conveyed by Michael W. Wilhelm and Dana K. Wilhelm in a Trust Deed recorded on August 31, 1984, Washington County Records, said point being 35.00 feet right of engineer's centerline station. 109+87.9.9, more or less; Thence Northerly along said westerly property line to a point which is 42.00 feet right and at right angles to engineer's centerline station 109+90.99, as illustrated in City of Tigard R/W Easement Exhibits Sta. 109+00 to Sta. 119+00 sheet 2 of 8 dated 2/23/90; Thence Easterly to a point being 42.00 feet right of engineer's centerline station 109+71.28, more or less; Thence Southerly to a point which is 35.00 feet right of engineer's centerline station 109+71.28, more or less; Thence Westerly to the point of beginning. 'ell REGISTERED PROFESSIONAL: L.AIgIO SUs~V %R EGON J Y 14, 1972 GEORGE B.9CATHEY 97 3 EXHIPIT April 18, 1990 1S1 35DC 7600 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 a point on the westerly property line of that parcel of land conveyed by Michael W. Wilhelm and Dana K. Wilhelm in a Trust Deed recorded on August 31, 1984, Washington County Records, said point being 35.00 feet right of engineer's centerline station 109+87.99, more or less; Thence Northerly along said westerly property line to a point which is 40.00 feet right and at right angles to engineer's centerline station 109+90.21, as illustrated in City of Tigard R/W - Easement Exhibits Sta. 100+00 to Sta. 108+99.84 sheeet 1 of 8 dated 2/20/90 and Sta. 108+99.84 to Sta. 119+00.42 sheet 2 of 8 dated 2/23/90; Thence Easterly to a point 40.00 feet right of engineer's centerline station 109+15.85, more or less; Thence Northerly to a point which.is 47.99 feet right.of engineer's centerline station 109+15.90, more or less; Thence Easterly to a point of intersection with the westerly right of way line of SW 90th Avenue, said point being 47.77 feet right of engineer's centerline station 108+24.12, more or less; Thence Southerly along said westerly right of way line to a point which is. 41.66 feet right of engineer's centerline station 108+19.41, more or less; Thence Westerly to a point that is 41.99 feet right of engineer's centerline station 109+15.86, more or less; Thence Southerly to a point which is 35.00 feet right of engineer's centerline station 109+15.82, more or less; Thence Westerly to the point of beginning. F REGISTERED FROFESSIoNAL LA ` SUR'Jc YOR EGON LY 14, 1972 GEORGE9 ff CATHEY 79 i tb;61+90 t 'dl I 1 I _J I Z t6 1~1 .LL t 1~ ~ I I 1 i f s zt'~z+sot VIS , I 1 I / I I 1 r t I I I ' I I 3 d3SOdoa t ~ 1N3YUSV3 N0LL0 t i! 0* 1 t +8 1 1 ~m ~I I I 1 ~ 1 m 19 1 t I f = I ! I I t i I I JA/21 03SOdONd c i = ! ! 1 1 ~ ~ i ~1 I 1 f 1 ! 1t 3 v 1 1 ~ t H 1 1 ~ I 1 IL la ST ob+6 z Z8'9t+601 NIS 6° ! I I 4 IN .66-tV 98'St+60t XIS ' I I I 1 E ~ ~ to 1 ~ 1 ! i = 0 06'51+60 t NIS ! t I I 1 W '121 ,Oi► 1 I ! I ! S8'91+609 'V1S I 1 ! °a: l I I f U b CPSOdOSd 1 ! ! I o 1N3rMV3 NO11.Of1asNOci 1 y ~z m 1 I I ~ W I I I 0 -C o , .oQ I t 1 . I I 1 qp- in Lo ® ! ~1 n t 121 .Zi► ~ L Ct j I ~ I 8Z' C[+60t VIS I Q. I I I 1- I J i i '121 .S£ 66'Z8+60t VIS 121 .o~ ; ~ ~ 1 tZ•06+601 'V1S.-W I I i O \ 1 I I 1"*** p . I I o°t '121 ,Zt 1 1 I!z pq+0 t -f- W 66'06+60t VIS 1 i a I Z 1N3w3SV3 Alr i n 1 I I 1 - STATE OF OREGON l County of Washington 1 SS I, Jerry R. Han ire r of Assessment and Taxation a - fficlo rder of Con- veyances for o86nf 9&0, re ertify that the within ' tine received and recoi ounty. kl N r or of at Ex- 0* cool" Doc 90059451 5 Rect: 43110 33.00 '10/26/1990 04:07:39PM