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2001-047243 WASHINGTON COUNTY 2001-047243 S.-fE OF OREGON County of Washington II I I II III III I I II I I I III II SS I, Jerry R. Hanson, Director of Assess- ment and Taxation and Ex-Officio County J Clerk for said county, do hereby -certify that CITY RECORDS SECTION, the within instrument of-writing was received V CITY OF TIGARD and recorded in book of records of said \ 13125 SW Hall Blvd. county Tigard, OR 97223 r UNTIL A CHANGE IS REQUESTED Jerry _ R. ,Hansom "Director of ALL TAX STATEMENTS SHALL BE ,Asse.. rP, lit a' , I Taxation, Ex- SENT TO THE FOLLOWING ADDRESS: `Cffxcto,_Roty'"Clerk Doc 2001047243 Bill S. Fatland & Mary Susan Fatland Rect: 279174 47.00 9259 SW Hill Street 05/21/2001 11: 18: 51am Tigard, OR 97223 QUITCLAIM DEED rd IA-Y THIS QUITCLAIM DEED is made and effective the 3 day of AV7-A, 2001, by and between the CI T Y OF TIGARD, an Oregon municipal corporation ("Grantor"), and BILL S. FATLAND and MARY SUSAN FATLAND("Grantee"). Grantor releases and quitclaims to Grantee all right, title and interest of Grantor in and to that certain real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference, and acquired by Grantor through that certain Bikeway and Pedestrian Way Easement recorded as Instrument No. 88-15016 in the official records of Washington County, Oregon. The consideration for this Quitclaim Deed consists of property or value other than money and is the entire consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 GRANTOR THE CITY OF TIGARD, an Oregon Municipal corporation By: Q P 1~--~- Its: or -01 on!y riee y" STATE OF OREGON ) ~~j~• ) County of ss ~A This instrument was acknowledged before me on this ~ day of 2001 If by 1"'W(tiTt l as & 241- 1, / and on behalf of Grantor, the City of Tigard. OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC f r regon C~ v3 NOTARY PUBLIC-0REGON My commission expi /7 MYCOMMIS ICON EXP EXPIRES SEPT. 07,20o3 Page 1 - QUITCLAIM DEED / G \Real_Est ite\Tigard\FatlandEasement\Documents\Quitclaim Deed(4-20-0l).wpd EXT • . - 88-15016 Washington county °O • / m c%t J Page 1 of 2 1= CORPORATION BIKEWAY AND PEDESTRIAN WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That grantor, for the consideration of and other good and valuable consideration, the receipt whereof is acknowledged does hereby give, grant, and convey unto the City of Tigard, a municipal corporation of Washington County. State of Oregon, and unto its assigns. Forever; an easement over. across and under the following described lands and real property, to-wit: for a bicycle way and pedestrian way, which may be used by pedestriano and non-motorized mechanical means of transportation, such as bicycles and for no other purposes, and for said purposes to place, construct, operate, replace, maintain, inspect, reconstruct and install necessary improvements, and the right to enter upon such premises for said purposes. The Grantee shall have the right at' auy Limn Lo eatter upuu Lhe above described real property for the purposes hereinabove mentioned, and in connection therewith may remove any trees, shrubs or brush necessary or convenient to*accomplish said purposes. The Grantors, their heirs, 'successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property. The Grantors do hereby reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with 1 the uses thereof by the grantee and the public for the purposes herein stated. Ir 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 hereover; provided, however,' that such use shat! not interfere with thi ue_s and purFOa23 of =h_ latent _f the eeseme^.t. In consideration of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated. the rights of the Grantee in the above-described easement trill be forfeited and shall Immediately revert to the Grantors. their successors and assigns in the case of such event. It is further expressly understood that this easement shall automatically extinguish with no further action required by either Grantor or Grantee, if the city of Tigard fails to complete allbikeway and pedestrian improvements as described as Exhibit "B" before midnight, September 1, 1988. If the City of Tigard fails to timely make said improvements, the rights of the grantee in this easement shall be automatically forfeited and shall immediately revert to the Grantors, their Successors and Assigns. owt .i='~Tfic.*~G_,,~ i:., Pi ,,,~y. ~ •r 't - 1 ..r .1~.'•y+.~~.~Lr~~^y'`~ _ ~"~'aCE~i te~.~' +~•~evo ~~~ag~ .s:~: •-K ..~(r1;'~j'r.. c~`.ye~~ slaJlt.~_.'-... f' SUECO TITLE INSURANCE COMPANY OF OREGON HAS RECORED THIS INSTRUMENT AS AN ACCOM- COO ODATION ONLY AND ASSUMES NO LIABILI7Y FOR CORPORATION ERRORS OR OMISSIONS HEREIN. NOR DOES i Of 2 c2 SATECO TITLE REPRESENT THAT Tr WILL CREATE Page ~i THE ESTATE OR INTERF_ST IN REAL PROPERTY C= WHICH IT PURPORTS TO CREATE. IN WITNESS WHEREOF, the undersigned corporation has caused this easement to be executed by its duly authorized, undersigned officers acting pursuant to resolution or its Board of Directors. JAY MILLER BUILDER. INC., an Oregon Hams of Corpora( o corporation By: ` J By: Secretary STATE OF OREGON ) County of Washington) Personally appeared t and who, ea being first duly sworn, did say that the former is the Hawx~dwwx president and that the latter is the secrr•f-ary vL JAY HILLER BllILDLR. TNC. a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors: and each of them acknowledged said instrument to be its voluntary act and ' ^'Ad M q~ CDE~SZfelq$1) / Notary'Public for Oregon C-, q, a My Commission expires. If1'"R8HQ1PlIbNY WHERE I have hereunto set my hand and seal this . L day of 14 Notary Public for Oregon (NOTARIAL SEAL) My Commission Expires: Approved as to legal description thin 3I day of ` "/2yz , By: / _ . Title Approved this -3 day of 19_, .A; DEPARTMENT OMMUNITY D E KENT By A Title: (RC:bsl0204S) ntht, f,.. :~"`•A•t"±S'\!~•~Tly~(" }7~~V,~s+!•-;-r.. -s•~..,v;+p•--aT+~-•7JT".~+►~.^ :.a ,S\-•-.-,-*T'••; rF_ Fj.k MEN" CID fS ~1. r hl• Exhibit "A" i A tract of lard located in the southeast quarter of Section 2, Township 2 South, Itange 1 West, Willamette Meridian, City of Tigavd. Washington County, Oregon, being described as follow:3: 1 Beginning at the uc7st southerly corner of Lot 54, Chelsea Hill No. 2, a rer-arded plat, Washington County Plat Records: thetico South 42° 45' 12,, east, 5.00 feet; thence North 47" 14' 48" E:aat, 115.08' feet to the northeasterly line of Lot 53, said Chelsea Hill No. 2: thence North 43° 02' 31" West 10 feet; thence South 47° •14' 48" West, 100.0 feet; thence South 581 32' 15" West, 15.32 feet to the northeasterly right-of-way line of S•W. Hill Street; thence South 420 45' 12" East, 8.00 lest to the point of 1 beginning, containing approximately 1172 square feet- Y ' IiEGISTE^~D ~ PROFESSIONAL LAhO Sl1RV'r_YOR •%1 ` 0QE:GO N ~ w•~152 `I R°a 77- 1 i'~C~^'~S ~~~F~'h•S :1 1r,' ~ fr~r11~'kj ~u~ •""T' ~,(sCC1~ ~ L l',fi ~ 1 ) 11~ t ` f, l: ~ .I j•, Iw,v n. 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GJuf_ PA rN EAR MATH 64- 4- 10R, fi! 15.1 y ~y>_ _ S( 1, 1 h ti i -"tt~ w~ it:~ ti tK ~v`5' !y 'Y( ~ x+,~r a 1T y, ;,t. t),~ t Lty a S ? ~.~lkr s y~y:;2:i tt ',~~'s, }~%:~'r;~i:~<k`~J•`~~f1~'^\3,.`?~Nh,»~L~'iS`\~.fA.,i;:ir..~"~4 ''~~u4\~~,j r . 1' ra'`~'Tr./.~~.~c'~'F *.:s•r° t ~ 2l ~ ~ ^A,}A~! r ~ d T L ~v i t t ',(A ~ ~ ~ ~ _ t r y'j+ •},.G' `'»~.n". ".y.'• .:c..3:aSC'~+1,G.4'~1 .'~,s~vi•:~w. y".''rri ~..r:St- +a'a-.:'`'"r w•*iA''".r- JC~s r f1~ AVE. C/V/C CEIV7AER - Sim,. rr f 5• 0 ,r ii sr, Z _ / ATE OF OREGON m / SS Co of Washington - t, Oon W. Mason, OKoclor of Assassmant and TaKOtron Ex•OIIWo Recotdor of Con- voyancos (oc so nty, do horoby comfy that the within Intl of writhm was fecofvod •ti.::' and rocordod In book o rds of sold county. Donald W. son. 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