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87-050642 CITYOF TIGARD OREGON October 22, 1987 Mr. Tim McGuire Maaenzie.Engineering 0690 S.id. Bancroft Street Portland, 08 97201 Dear Mr-. McGuire: Enclosed is an:or finally signed e.`of dbeht executed by representatives of Washington Square Plaza.and-the City of of Also enclosed is a copy of the document (original in our Central Files) which was recorded with Washington County. Records. If.you have,any questions, please do not hesitate to contact me. Sincerely.? ®rcmz ~ Catherine Wheatley Deputy. Recorder ow Enclosure cc: Randy Clarno, Development Services Manager 13125 5W Hall Blvd,; P.O: Box 23397, Tigard, Oregon 97223 (503) 039-4171 670506-42 DEED OF EASEMENT THIS DEED OF EASEMENT is made and entered into by and between WASHINGTON SQUARE PLAZA, a general partnership duly organized and existing under the laws of the State of Ohio, hereinafter referred to as "GRANTOR," and THE CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter referred to as "GRANTEE." KNOW ALL MEN BY THESE PRESENTS, that for and in consid- eration of the sum of One Dollar ($1.00), cash in hand paid, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, GRANTOR does hereby bargain, sell, grant, assign and convey unto GRANTEE a nonexclusive easement in, on, over, under, across and through the easement area described in Exhibit A, attached hereto and made a part hereof, for the sole purpose of operating, maintaining, repairing, removing, replacing and owning a sewer system, all of which is hereinafter referred to as "the facilities." Notwithstanding the foregoing, it is understood and agreed that the facilities shall be kept underground as near as practicable to the centerline of the easement in the location shown and described in Exhibit A. For the purpose of operating, inspecting, maintaining, repairing, replacing, or removing the facilities, GRANTEE 1PU ~ RMIR diTy OF Z'IGA'itD . P. O. BOX 23397. GARD, OA 97223 shall have the rights of ingress and egress over, upon and along said easement area. If GRANTEE is unable reasonably to exercise the rights of ingress and egress over, upon or along said easement area, GRANTEE shall have the further rights of ingress to and egress from said easement area over such private roads and parking areas as may now or hereafter exist on the other.lands of GRANTOR adjacent to said ease- ment area. GRANTOR, however, reserves the right to shift, relocate, close or abandon such private roads or parking areas at any time. If there are no public or private roads or parking areas reasonably convenient to said easement area, GRANTEE shall have the rights of ingress to and egress from said easement area over such other lands of GRANTOR that are fit for the traffic intended and are adjacent to both said easement area and the nearest accessible public or private roads, provided GRANTEE enters and exits in such manner as shall occasion the least damage and inconvenience to GRANTOR, its successors, assigns, lessees, invitees, licensees, or other persons or entities owning property contiguous to the facilities. To the extent practicable, GRANTEE'S rights of ingress and egress shall be limited to public or private roads and parking areas that are nearest to said easement area and shall not unreasonably obstruct pedestrian and vehicular traffic or parking. GRANTOR retains all of its interest in said easement area, subject to GRANTEE'S interest as herein granted, and the right to use and enjoy GRANTOR'S other land and said 2 easement area in any manner that is'not inconsistent with the rights herein granted to GRANTEE and that does not unreasonably interfere with the rights herein granted to GRANTEE, including, but not limited to, the construction of roadways, parking areas, and structures. GRANTEE shall not interfere with or, where noninterference is impracticable, shall minimize any interference with the use and enjoyment of said easement areas and other land owned or controlled by GRANTOR, its successors, assigns, lessees, invitees, licensees, or other persons or entities owning property contiguous to the facilities. GRANTEE shall pay for any and all damages, losses, or injuries arising from the mainten- ance, operation, replacement, repair, or removal of the facilities or from GRANTEE'S exercise, use or enjoyment of the rights herein granted. All operation, maintenance, repair, removal, and replacement of the facilities shall be performed by GRANTEE in such a manner so as to avoid or minimize interference with the business operation of GRANTOR, its successors, assigns, lessees, invitees, licensees, and other persons or entities owning property contiguous to the facilities. GRANTEE, at its expense, shall maintain said easement area and the facilities in a state of good repair and efficiency. No damage to the surface or subsurface of the said easement area or GRANTOR'S other land shall result from GRANTEE'S ownership of the facilities or use of said ease- ment area. Upon the maintenance, repair, removal or replace- 3 ment of the facilities, GRANTEE shall promptly restore the surface and subsurface of said easement area and any affected portions of GRANTOR'S other land to a condition as good.as their original condition, if not better, whichever is more consistent and compatible with the condition of GRANTOR'S land at the time the facilities were completed. GRANTEE shall repair and maintain at its expense said easement area and the facilities so as to avoid or, where, avoidance is impracticable, to minimize and remedy as promptly as practicable any disruption or diminution of service to GRANTOR, its successors, assigns, lessees, invitees or licensees or other persons or entities owning property contiguous to the facilities. GRANTEE shall use materials that are free from defects and perform all work in a safe, good, and workmanlike manner, with due consideration and respect for the rights and interests of GRANTOR, its successors, assigns, lessees, invitees, licensees or other persons or entities owning property contiguous to the facilities. GRANTEE shall maintain, and if necessary replace, the underground facilities a minimum of thirty-six (36) inches below the surface, whenever practicable, and shall backfill to 95% modified proctor with material acceptable to GRANTOR. Where the facilities are buried under existing pavement, GRANTEE shall cut the pavement in a sharp and straight manner and replace or restore the pavement to its original condition. q 4 It is further understood and agreed by and between the parties hereto that GRANTEE shall indemnify and hold harm- less GRANTOR, its successors, assigns, lessees, invitees or licensees or other persons or entities owning property contiguous to the facilities from any and all claims, demands, and causes of action, whether in law or in equity, costs and expenses, liability, loss or damage arising,, directly or indirectly, in connection with GRANTEE'S opera- tion, maintenance, repair, removal, replacement or ownership of the facilities or GRANTEE'S exercise, use or enjoyment of the rights herein granted. The foregoing provisions shall also apply in the event of GRANTEE'S interference with or interruption of storm, telephone, sanitary, water, gas or other utilities, and GRANTEE shall be solely responsible for correction of any damages it causes to any utilities. This Deed of Easement shall constitute a covenant running with the land for the benefit of GRANTEE, its successors, and assigns. GRANTEE'S covenants and obliga- tions shall be binding on GRANTEE, its successors and assigns and shall inure to the benefit of GRANTOR, its successors, assigns, lessees, and other persons or entities owning property contiguous to the facilities. This Deed of Easement is granted subject to any and all easements, encumbrances, conditions, and restrictions of record and to any and all existing structures and uses. Said easement and right of way described herein does or may parallel or cross existing easements for other utilities, S S such as sanitary storm, telephone, gas and water, and there may in the future be other easements within or adjacent to said easement area described herein. Before commencing any maintenance, repair, removal or replacement of the facilities, GRANTEE shall determine the location of all other easements and structures within or adjacent to said easement area described herein. IN WITNESS WHEREOF, GRANTOR and GRANTEE have hereunto set their hands as of the day of , 1987. Si tne. in presence of: GRANTOR: By: Its: L- I t s : GRANTEE: By: Its K! 7U r Attest: Its: 6 STATE OF ) ) SS: COUNTY OF1 " ) Personally appeared before me, the undersigned, a Notary Public in and for said County and State, 36Lm -T. .~a o and , known to me to be the reapea%Uxely of Washington Square Plaza, the Ohio general partnership which executed the foregoing document, who acknowledged that they did sign and seal the foregoing instrument for and on behalf of said partnership, that the same is their free act and deed as such authorized agents and the free act and deed of said partnership. IN TESTIMONY HEREOF, I h ,,aye hereunto set hand and offi al seal vd, this day of 19 7. Notary Publiv c: JUNE swig STATE OF OREGON SS: COUNTY OF ) Personally appeared before me, the undersigned, a Notary Public in and for said County and State, and known to me to be the and , respectively, of The City of Tigard, a municipal corporation of the State of Oregon which executed the foregoing docu- ment, who acknowledged that they did sign and seal the foregoing instrument for and on behalf of said City,that the same is their free act and deed as such officers and the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of 1987. Notary Public q l ~ u EXHIBIT "A" Easement Description Description of a tract of land situated in the S.W. 1/4 Section 26, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being a portion of that certain tract of land described in Book 909, Page 727, recorded March 16, 1983, and January 17, 1961, Washington County Deed Records, said parcel. of land more particularly described as follows: Commencing at the initial point of "OARBURG"', a recorded plat; thence South 89 40' 24" East along the North line thereof 458.37 feet to a point in the West line of a tract of land recorded in Book 245, Page 639; thence North 00 .12' 53" East along said line and the West line of that tract of land recorded in Book 576, Page 196, 1983.00 feet to the most Westernly Northwest corner of said Book 576, Page 196; Thence South 87 21' 35" East along the Northerly line of said tract of land 485.00 feet; thence North 02 -32' -25" East 45.00 feet to the point of beginning of a 15' sewer easement, 7.5 feet on each side of the centerline, with said centerline described as follows: Commence South 87 -27' -35" East 470.00 feet; thence North 01 -03' 50" East 295.00 feet, more or less, to a point along the south right-of-way line of S. W. Hall Boulevard, said point being the terminus of this easement. STATE OF OREGON l County of Washington ) SS I, Donald W. Mason,, Director of Assessment and Taxation - and Ex-officio' Recorder of Con- veyances for said county; do hereby'certify that the within instrument of . writing"was;- received and recorded in book of records of said: acounty. Donald. W.. Mason,. Director of Assessment` and` Taxation, Ex- Officio County, Clerk . 1987 OCT -6 AM 8: 44'