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90-59439 90-59439 Washington County INDIVIDUAL GENERAL PARTNERSHIP G PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Walnut Square Investors, Ltd-, a California limited partnership, hereinafter called the Grantors, in consideration for the sum of Twelve Hundred, Ninety-five and No/100's, ($1295.00) Dollars 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. This easement is nonexclusive and is subject to all prior matters of record. Grantee shall perform all such work expeditiously and in a manner which causes the least interference with the use and enjoyment of the property by Grantor and its tenants. 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. This easement is nonexclusive and is subject to all prior matters of record. 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. 1-5 ~ y Utility Easement - Prell Page 2 WITNESS WHEREOF, the Grantor, has hereunto set Its hand and seal this _ y of 1990. WALNUT SQUARE INVESTORS, LTD. Drew R. Prell, Partner Ber Partner CAT. NO. NNO0627 TO 7944 CA (9-84') ~7 0H 7:7 L0 i9 U RA, L (Individual) STATE OF CALIFORNIA t COUNTY OF ~ tJ ! 6 6- 0 ss. On r:L~ <2 110 1 ~ t U before me e and n~ a Notary Public in and for .14. 12 6- W W said State, personally appeared personally known to me ax- pr~"'hp~,~ci mt nTt t}1P hack of c^ticf^ t ~i raan ro to be F ' N the person-whose name subscribed to the L within instrument and acknowledged that exe- =LEONARD SAARD cuted the same. Notifornia WITNESS my hand and official seal. SNTY My xpires 3 *'54 Z1VZA /Y Signque This area for of ficial notarial seal) ( Approved as to legal description this day of r 1990. By:." Title JVAJLaL x'01 6,/td . y~- Approved this r day of - 1990. DEPARTMENT OF COMMUNITY DEVELOPMENT '/Z By: L-~ RETURN RECORDED DOCUMENT TO: Title: CITY RECORDER, TIGARD PO BOX 23397 TICARD OR 97223 EXHIBIT A July 2, 1990 1S1 35CA 800 UTILITY EASEMENT A parcel of land situated in the northeast quarter of the southwest 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 of intersection at the northerly property line of that parcel of land conveyed to The Mortgage Exchange, Inc. in a trust deed recorded in Fee No. 83-045612, on December 9, 1983, Washington County Records, and the westerly right of way line of S.W Greenburg Road as defined in City of Tigard Ordinance No. 90-01 dated January 22, 1990, Thence Southerly along said westerly right of way line to a point which is 30.00 feet left and at right angles to engineer's centerline Station 138+14.34, as illustrated in City of Tigard R/W - Easement Exhibits Sta. 138+04.06 to Sta. 148+78.74 sheet 5 of 8 dated 4/2/90; Thence Westerly to a point which is 35.00 feet left of engineer's centerline Station 138+14.34, Thence Northerly. to a point of intersection with the northerly property line of said Mortgage Exchange, Inc. parcel, said point being 35.00 feet left of engineer's'centerline Station 138+27.52, more or less; Thence Easterly along said northerly property line to a point of intersection with the aforementioned westerly right of way line of S.W. Greenburg Road to the point of beginning. REGISTERED PROFESSIONAL LAND SURVEYOR 66 REG6N .IULY 14, 1972 (~EORGE9 a CATHEY. 79 3 EXHIBIT B July 2, 1990 1S1 35CA 800 CONSTRUCTION EASEMENT A parcel of land situated in the northeast quarter of the southwest 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 of intersection at the easterly property line of that parcel of land conveyed by the Mortgage Exchange, Inc. in a trust deed recorded in Fee No. 83-045612, on December 9, 1983, Washington County Records, and the westerly right of way line of S.W Greenburg Road as defined in City of Tigard Ordinance No. 90-01 dated January 22, 1990, Thence Westerly along said easterly property line to a point which is 36.08 left and at right angles to engineer's centerline Station 136+62.63; more or less; as illustrated in City of Tigard R/W - Easement Exhibits Sta. 129+00.98 to Sta. 138+04.06 sheet 4 of 8 dated 3/2/90 and Sta. 138+04.06 to Sta. 148+78.74 sheet 5 of 8 dated 3/5/90; Thence Northerly to a point of intersection with the northerly property line of the aforementioned parcel, said point being 37.00 feet left of engineer's centerline Station 138+27.5.9, more or less; Thence Easterly along said northerly property line to a point of intersection with the aforementioned westerly right of way line of S.W. Greenburg Road; Thence Southerly along said right of way line to the point of beginning. REGISTERED PROFESSIONAL LAND SURVEYOR EGON ULY 1972 GEORG 9 B9 ATHEY ~09+stt Az) 'll 80'9£~ I I la 0£ I { ( { i£ t NIS a { W = Id I { c t I + j e t 1 00+,c£ p., i ICL I 0 r to i u t 1 1N31K3Sd3, NOLLOrM SNOO c ( N a ! Q b 1 la f a ( t ( c t ( !V .~1 ( t~ o 00+9 1 00+K ! ( ( 1N3 3 NOttOtl? M03 ! - '17 S£ ( t / £E'£t+s£t NIS i 1N AIR t ! ! I * 8S*9z+9£ t 'tit1S •11 S£ o i~ Ll tS•9Z+8£t NIS 8S't£+8£ t NIS I f t f - - E op oitf 83 f ' SIMf ~untY of Wast►in9tp° r pf A~rment on- rder of C t i, JerioryR.a an ~ficto re ived and Taes xE►t pr n ~~n~ duty. rteYanc t e the with cr or of d or rec an m - aN¢at Fx' y ~y 6TQN cq . A3g 33 9p059 90 0407;36PM - 43 1 0 t- 10125~1g