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96-045842 96045842 jr STATE OF OREGON t } County of Washington SS I, Jerry R... Hans;gM Dieedtor of Assess- ment and Taxation" f'°00 , fficio County Clerk for said.count . f* y)certify that the within. instru g Was, received and recorded IT:: ~;dreis of said county. w /1 xe ry`' "1 srni ~Pirector of `s~A~axation, Ex- Offi7.~t ct~y't;lerk 96 MAY 22 FR t2= 13 f _ Tract No. VE-118 Case No. 950410 After recording, return to: Bonneville Power Administration - TTRB P.O. Box 3621 Portland, OR 97208-3621 9 1 Consideration is $15,200.00 J\ EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the United States of America, Department of Energy, Bonneville Power Administration (BPA) does hereby grant unto WASHINGTON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF OREGON (hereinafter called the Grantee), and its assigns, an easement for two roads with underground utilities over, upon, across, and under BPA's fee-owned 100-foot wide transmission line right-of-way, identified as the Vancouver-Eugene Line 1 and 2, Tract No. VE-118, acquired by a Declaration of Taking in the District Court of the United States for the District of Oregon, At Law No. 119, and recorded May 22, 1939 in Book 180, Deed Records of Washington County, Oregon., Said easement is located in a portion of the S'/2.NW'/< of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. The easement for the said two roads with underground utilities being more particularly described as: SW Horizon Boulevard: A 76-foot wide easement over and across BPA's fee-owned 100-foot wide transmission. line right-of-way. The boundaries of said easement lie 38 feet on each side of, and parallel with, the centerline and described as follows: Beginning at a point on the Westerly boundary line of said BPA's Tract No. VE-118 and the centerline of SW. Horizon Boulevard, as shown on the Hillshire Creek Estates Plat, opposite BPA Vancouver-Eugene No. 1 Transmission Line, operated as Keeler- Oregon City No. 2, survey station 898+56. Said point being N.0°42'06"E., a distance of 1,111.3 feet, more or less, from the West one quarter corner of said Section 4; thence 5.59°04'37"E., a distance of 25.1 feet to the beginning of a curve to the left having a radius of 350.0 feet and a central angle of 13°59'28"; thence in a Southeasterly direction along said curve a distance of 85.3 feet; more or less to a point on the Easterly boundary line of said Tract VE-118 opposite survey station 899+02 of said transmission line and the termination of said 76-foot wide easement. Bearing and distances based on BPA's Vancouver-Eugene No. 1 Transmission Line and shown on a segment of BPA's Drawing No. 4439, marked Exhibit A, attached hereto, and by this reference made a part hereof. SW. Horizon Boulevard is also shown on a segment of Hillshire Creek Estates Plat, marked as Exhibit B, attached hereto, and by this reference made a part hereof. SW. Fern Street An easement over and across a strip of land located in the S'/2NW'/< of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: ' Beginning at a point on the West line of said Section and on the West right-of-way line of BPA's Vancouver-Eugene Transmission Line 100-foot wide right-of-way, said point bears N.00°34'26"E., 639.58 feet from the Quarter corner common to Section 4 and 5; thence continuing along said right-of-way and said Section line N.00°34'26"E., 50.01 feet; thence leaving said line S.89°26'31 "E., 41.04 feet; thence 25.77 feet on a 225.00 foot radius curve to the right having a central angle of 06°33'44", the chord of ,which bear S.86°09'39"E., 25.76 feet; thence 23.38 feet on a 175.00 foot radius curve to the left having a central angle of 07°39'20", the chord which bears S.86°42'27"E., 23.37 feet; thence N.89°27'53"E., 9.91 feet to the East right-of-way line of said Bonneville Power Administration; thence along said line S.00°34'26"W., 50.01 feet; thence leaving said line S.89°27'53"W., 8.95 feet; thence 30.06 feet on a 225.00-foot radius curve to the right having a central angle of 07°39'20", the chord of which bears N.86°42'27"W., 30.04 feet; thence 20.04 feet on a 175.00-foot radius curve to the left having a central angle of 06°33'44", the chord of which bears N.86°09'39"W., 20.03 feet; thence N.89°26'31 "W., 41.05 feet to the point of beginning. Together with an 8-foot wide strip of land being coincident with the northerly side of and an 8-foot wide strip of land being coincident with the southerly side of and both parallel with the above described strip of land for utility purposes. SW. Fern Street is shown on a segment of BPA's Drawing No. 4439, marked Exhibit A,- attached hereto, and by this reference made a part hereof. Bearings based on Hillshire Creek Estates Plat and shown on a segment of the H'illshire Creek Estates Plat, marked as Exhibit B, attached hereto, and by this reference made a part hereof. Subject to outstanding rights, including: 1. Agricultural Easement, dated June 7, 1940. Subject also to the following conditions: 1. Maintain a distance of at least 25 feet between your roads and underground utilities and the point where the wood poles, guy anchors, etc. enter the earth. 2. Design the roads and underground utilities to withstand HS-20 loading from BPA's heavy vehicles (up to 54,000 pounds gross vehicle weight). 3. Mark the location of your underground utilities with permanent signs where it enters and leaves BPA's right-of-way, and at any angle points within the right-of-way. This easement shall not interfere with any use by the United States of America of its fee-owned property. 2 Tract No. VE-118 Case .No. 950410 Grantee, and its assigns, shall be responsible for and comply wi±h all procedural and substantive environmental requirements imposed by local, state or federal laws or regulations applicable to the facility. Grantee, and its assigns, shall timely notify BPA of any reportable release of hazardous substances or breaches of environmental requirements and shall mitigate and abate adverse environmental impacts of its actions. Grantee, and its assigns, shall hold BPA harmless for any and all liability arising from the violation of such requirements by Grantee, and its assigns. Reserving unto the United States of America, and its assigns, the right to operate, maintain, rebuild, and upgrade existing electric transmission lines and to erect, operate, maintain, rebuild, and upgrade future transmission lines over, under, and across the easement area. Reserving also unto the United States of America, and its assigns, the right of access to and along its fee-owned property. The Grantee, and its assigns, shall be liable for any damage to the property of the United States of America, including transmission lines and structures, arising out of or resulting from any act or omission of the Grantee or its employees, agents, or assigns acting within their authority in the construction, reconstruction, or maintenance of said roads and utilities upon the fee-owned property of the United States of America. TO HAVE AND TO HOLD the above-described easement unto WASHINGTON COUNTY, and its assigns, forever, EXCEPT, should the rights granted herein no longer be used or needed for the purposes defined in this easement for a consecutive two-year period, or be abandoned, then upon written notice by the United States of America to the Grantee, or assigns, all rights granted by this easement shall automatically terminate and the title thereto revest in the United States of America. The true and actual consideration for this easement is $15,200 (FIFTEEN THOUSAND TWO HUNDRED DOLLARS). This conveyance is made pursuant to the Acts of August 20, 1937 (50 Stat. 732, 16 U.S.C. § 832a), as amended and October 23, 1962 (76 Stat. 1129, 40 U.S.C. § 319)-and regulations and delegations of authority issued pursuant thereto, it having been determined that the granting of this easement will not be adverse to the interests of the United States of America. Dated at Portland, Oregon, this day of 19 UNITED STATES OF AMERICA Department of Energy Bonneville Pow dministration By an 4Rro rt y Manage nt 3 Tract No. VE-118 Case No. 950410 STATE OF OREGON ) ) ss: County of Multnomah ) 7 On this day ersonally appeared before me f ' to me known to be the Manager, Real Property Management, B' nneville Power Administration, -who subscrib o and executed the within and foregoing instrument and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this da / 19L~Sr of P is or Oregon (SEAL) My Commission expires: OFFICIAL SEAL r MARY KATHLEEN O'NE`.. NOTARY PUBLIC - OREGc: MY COMMI9810COMMISSION NA~s ' cc: City of Tigard Unified Sewerage Agency 13125 SW. Hall Blvd. 155 North First Ave., #270 Tigard, OR 97223 Hillsboro, OR 97124 Portland General Electric Columbia Cable 14655 SW. Old Scholls Ferry Road 14200 SW. Brigadoon Beaverton, OR 97007 Beaverton, OR 97005 General Telephone Company Northwest Natural Gas P.O. Box 23416 220 NW. Second Ave. Tigard, OR 97281-3416 Portland, OR 97209 4 Tract No. VE-118 Case No. 950410 Bi5nnevi:le'Power Administration - Exhibit A - T2S RIW WM. I 1 I Case No. 950410 I 12S RIW Sec 4 I I:~ Washington County, OR I a I2 A Z STRUTHERS I I I - I I I I I I I 1 I I I t 1 j NE4 NW4 SW a S-2 NWS I I S}MMaSW+ W23000 I - I I FA -CB 9 AW HANDY I C BALL q I RAC NW~NW'- i oofe e I t - ,d ~~C~IRE a Q. 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