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2000-082471 ' TATE OF OREGON ZO r r County of Washington } SS G 1 #T ment~ and o County After Recording Return Recorded Document to: Clerk for i rtify that City Records -City of Tigard the wit eceived and 13125 SW Hall Blvd. county r,~+,! t ` J f said Tigard, OR 97223 CORPORATION irector of Project/File No. $ ' axation, Ex- Jerk Doc 2000082471 EASEMENT Rect : 264683 37.00 10/10/2000 03:44:08pm PERMANENT WATERLINE Village Builders 98, L.P., a California limited partnership, hereinafter called the "Grantors", grant, convey, and transfer unto the City of Tigard, a municipal corporation of Washington County, Oregon hereinafter referred to as "Grantee", its successor and assigns forever, a permanent easement over and upon the following described real property, to wit: ~b [See Exhibits A and B, Waterline Easement No. 1, attached hereto] N This easement shall be for the construction, maintenance, and repair of an underground pipeline and/or mains for the purpose of conveying water over, across, through, and under the hereinabove described real property and shall include the perpetual right to enter upon said real property at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines and/or mains, and the further right to remove all obstructions interfering with the location, construction, and maintenance of said V pipeline and/or mains. Grantee, at its own cost and expense, shall repair and restore the easement premises to a condition equivalent to that which existed ® prior to Grantee performing any work on the premises. The true consideration for this conveyance is 0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. 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 c uses and purposes of the intent of the easement. In consideration of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be E :3 vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their E Z successors and assigns in the case of such event. m To have and to hold the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this 44 day of 00-b be-Y- , 2000. 00 Em s Village Builders 98, L.P., Address: t a California limited partnership Village Builders 98, L.P. V By: VPI, Inc., a California corporation c/o Village Properties its general partner 121 Spear Street, Suite 250 San Francisco, CA 94105 &xz - By: Debra L. Murray Vice President STATE OF CALIFORNIA § County of San Francisco § On Ot" DbC4- Ti p before me, GKdQ LC/&MIAD a Notary Public in and for said County and State, personally appeared Debra L. Murray personally known to me (or proved to rrte on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed.to the within instrumentand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by.. his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se I. LINDA D. DACPANO S ~ COMM. p1246744 J~~ . Z U) . Notary Public-Ca 6fiania M Signature of Notary (For notary seal or stamp) W SAN FRANCISCO COUNTY My Comm Exp. Dec. 24, 2003 Accepted on behalf of the City of Tigard this (.0 T W day of 0C706E I_ , 2000. Utility Manage i EXHIBIT "A" WATER LINE EASEMENT NO. 1 LEGAL DESCRIPTION FOR.WALGREENS PROJECT SW PACIFIC HIGHWAY & SW GAARDE STREET A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WIL- LAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO BC REAL ESTATE INVESTMENTS, INC. BY THAT DEED RECORDED MAY 19, 1995, AS MICROFILM DOCUMENT NO. 95034842; THENCE 1. SOUTH 33055'29" WEST 64.80 FEET ALONG THE EASTERLY LINE OF SAID BC REAL ESTATE INVESTMENTS, INC. PROPERTY AND THE WESTERLY RIGHT- OF-WAY LINE OF SW PACIFIC HIGH- WAY(US 99W)AS DESCRIBED IN THE DEED TO THE STATE OF OREGON., BY AND THROUGH ITS STATE HIGHWAY COMMISSION, RECORDED JULY 3, 1954, IN BOOK 357, PAGE 691, WASHINGTON COUNTY BOOK OF REC- ORDS; THENCE 2. SOUTHWESTERLY 51.72 FEET ALONG THE EASTERLY LINE OF SAID BC REAL ESTATE INVESTMENTS, INC PROPERTY AND THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY ALONGA SEGMENT OF A CURVE WHICH IS OFFSET 26.00 FEET TO THE INSIDE OF SPIRAL CURVE INCREAS- ING IN CURVATURE SOUTHERLY (A=0.4, S=1015', L=250'), THE LONG CHORD OF THIS SEGMENT OF THE OFFSET SPIRAL CURVE BEARS SOUTH 33056'33" WEST 51.72 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE LEG\16872Ease1.DOC (7/10/00) DG PAGE 1 OF 2 3. SOUTHWESTERLY 20.00 FEET ALONG THE EASTERLY LINE OF SAID BC REAL ESTATE INVESTMENTS,,INC. PROPERTY AND THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY ALONG A SEGMENT OF SAID OFFSET SPRIAL CURVE, THE LONG CHORD OF THIS SEGMENT OF THE OFFSET SPI. RAL CURVE BEARS SOUTH 34600'07° WEST 20.00 FEET; THENCE LEAVING THE EASTERLY LINE OF SAID BC REAL ESTATE INVESTMENTS., INC. PROPERTY AND THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY 4. NORTH 55047'04" WEST 13.05 FEET; THENCE 5. NORTH 33049'20" EAST 5.00 FEET; THENCE 6. NORTH 55047'04" WEST 16.54 FEET; THENCE 7. NORTH 34015'17" EAST 15.00 FEET; THENCE 8. SOUTH 55947'04" EAST 29.54 FEET TO THE-TRUE POINT OF BEGINNING. CONTAINS 0.01 ACRES, MORE OR LESS. /v Z OU RICHARD H. GRAUE DATE LS 930 EXPIRATION DATE 06/30/01 LEG\16872Ease1.DOC (7/10/00) DG PAGE 2 OF 2 .3 EXHIBIT "B" WATER LINE EASEMENT NO.1 G 3C REGAL EESTATE~ INV., INC. WALGREENS DOG, No, 95034842 PACIFIC HWY. (99W) & GAARDE ST. RECORDED 6/19/96 TIGARD, OR DD DDDDD> D D DpppDp EXISTING R/ LINE DDDD WATER LINE EAS ENT PER DEED REC DED D IN 8K.357, P8.6 1 <v JULY 3, 1954 Qj ~ , ' J SS, , x.29 -N 04,, / N S ~~6 0 oV N .a ~%.o°¢°, ~ , vim, Project Design Consultants PLANNING, ENGINEERING and SURVEYING 1750 SW SKYLINE BLVD, SUITE 229, PORTLAND OR 97221 SHEET 1 OF 1 (503)296-6100 FAX 296-6200 T.• \ENGR\