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2000-082472 O ~ t STATE OF OREGON SS County of Washington I, Jerry T of Assess- After Recording Return Recorded Document to: ment and o County City Records -City of Tigard Clerk for rtify that the wit ' eived 13125 SW Hall Blvd. and re !of said Tigard, OR 97223 county CORPORATION hector of Project/File No. lerk~ation, Ex- EASEMENT Doc 2000082472 Rect: 264683 37.00 PERMANENT 10/10/2000 03:44:08pm WATERLINE p Village Builders 98, L.P., a California limited partnership, hereinafter called the "Grantors", grant, convey, and transfer unto the City U 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: UO [See Exhibits A and B, Waterline Easement No. 2, attached hereto] This easement shall be for the construction, maintenance, and repair of an underground pipeline and/or mains for the purpose of 6J 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 ® pipeline and/or mains. Z 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. L° 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. In consideration of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be c vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their 0 5+_ successors and assigns in the case of such event. E To have and to hold the above-described and granted premises unto said Grantee, its successors, and assigns forever. 0 ,/'~h 0 IN WITNESS WHEREOF, I hereunto set my hand on this 4 day of n GV V--r- , 2000. m 15 Village Builders 98, L.P., Address: c 4 a California limited partnership Village Builders 98, L.P. E By: VPI, Inc., a California corporation c/o Village Properties its general partner 121 Spear Street, Suite 250 San Francisco, CA 94105 By: ha6d, Debra L. Murray Vice President STATE OF CALIFORNIA § County of San Francisco § On fr4okpe l D0 before me, LI NSA y ~O a. Notary Public in and for said County and State, personally appeared Debra L. Murrav personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey 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 seal. LINDA D. DACPANO dA r, COK4k #1246744 m 1~/} Notary otary Ptri*Xatifomia Co Signature of Notary (For notary seal or stamp) W - SAN FRANCISCO COUNTY . ' My Corr m. Exp. Dec. 24, 2003 Accepted on behalf of the City of Tigard this (e'rg day of 405 r08M 92000. it. 01 f% Utillty Manag r L EXHIBIT °A° WATER LINE EASEMENT NO. 2 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 MOST SOUTHERLY CORNER OF A PARCEL OF LAND CONVEYED TO THE STATE OF OREGON, BY AND THROUGH ITS STATE HIGHWAY COMMISSION, BY THAT DEED RECORDED JULY 11, 2000, AS MICROFILM DOCUMENT NO. 2000055.309 OF WASH- INGTON COUNTY RECORDS; THENCE 1. NORTH 33055'29" EAST 105.37 FEET ALONG THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY TO THE BEGINNING OF A 357.00 FOOT RA- DIUS CURVE CONCAVE TO THE SOUTH- EAST; THENCE 2. NORTHEASTERLY 18.22 FEET ALONG THE WESTERLY LINE OF SAID. STATE OF OREGON PROPERTY ON THE ARC OF A SEGMENT OF SAID 357.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 02055'28", THE CHORD OF WHICH BEARS NORTH 35023'14" EAST 18.22 FEET, TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE 3. NORTHEASTERLY 15.01 FEET ALONG THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY ON THE ON THE ARC OF A SEGMENT OF SAID 357.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 02024'33", THE CHORD BEARS NORTH 38003'17" EAST 15.01 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID STATE OF OREGON PROPERTY 4. NORTH 54025'58" WEST 3.35 FEET; THENCE 5. SOUTH 33049'20" WEST 15.01 FEET; THENCE LEG\16872Ease2.D6C (7/10/00) DG PAGE 1 OF 2 6. SOUTH 54025'58° EAST 2.24 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.002 ACRES, MORE OR LESS. RICHARD H. GRAUE DATE LS 930 EXPIRATION DATE 06/30/01 LEG\14872Ease2..DOC (7/10/00) DG PAGE 2 OF 2 EXHIBIT "B WATER LINE EASEMENT WALGREENS PACIFIC HWY. (99W) & GAARDE ST. TIGARD, OR SC REAL E:BTAT : JNV., INC, v DDC. NO, 95034842 R =RDRD 5/19/95 O" 54'25'58 W c ~I 3.35' N Q HARRY & JJDI A. J-FFE~R Y pp ii DDC. NO. 88-404v RE:CU'RDED 9/9/88 p°~ O 00 / WA LINE ,Ih EASEM T S 54'25'58" E 2.24' r1v v O O / 41_ Ov 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 7• \ENGR\