90-054044
moo' 90-54044
Washington County
TRAFFIC SIGNAL EASE1JiENT
KNOW ALL MEN BY THESE PRESENTS THAT Mark S. Hemstreet, dba
Shilo Inns, hereinafter called the Grantor, in consideration for
access to the traffic signal at Cascade Boulevard and Greenburg
Road from the City of Tigard, hereinafter called the Grantee,
grants and conveys unto the City of Tigard a perpetual easement
for the construction, maintenance and free access to, the traffic
signal apparatus on the following described parcel of land,
situated in the City c-' Tigard, Washington, County, State of Oregon:
See Exhibit A, Attached
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 Grantor from the full use and
dominion thereover; provided, however, that such use shall not be
permitted to damage nr destroy the traffic signal apparatus or
otherwise interfere with construction, maintenance, and access to,
such traffic signal apparatus, and it is FURTHER UNDERSTOOD AND
AGREED that the City of Tigard shall never be required to be
subject to any damages to the Grantor, his heirs, successors and
assigns by reason of change of access or grade at the street
abutting such property in connection with the change and
improvements shown in the plans provided by Grantee to Grantor to
obtain this easement. Grantor retains the right to damages in the
event any future change of access or grade affects Grantor's
property. Grantor shall maintain the asphaltic concrete pavement
surrounding the vehiCie detector loops installed in the approach
lane in such a manner as to provide adequate protection for such
detector loops. All costs of installation, maintenance and power
for the traffic signal apparatus shall be paid by the City unless
otherwise stated above.
IN CONSIDERATION of the premises, Grantee agrees that if
Grantee, its successors or assigns, should cause such easement to
be vacated, the righ-c of Grantee in the above-described easement
will be forfeited and shall immediately revert to the Grantor, his
successors and assigns, in the case of such event.
TO HAVE AND TO HOLD the above-descrl.bed and granted premises
unto the Grantee, its successors and assigns.
Page 1. Permanent Trziffic Signal Easement
W
Grantor does hereby covenant to and with the City of Tigard
that he is the lessee under a long-term ground lease dated January
31, 1984.
IN WITNESS WHEREOF, the undersigned have executed this
easement this S day of May, 1990.
Mark S. Hemstreet
STATE OF OREGON )
ss.
County of Washington) May 2-5 , 1990
Personally appeared the above-named MARK S. HEMSTREET and
acknowledged the foregoing instrument to be his voluntary act and
qre me:
w,,eA~A r1 a 0~
m
N ar c or Oregon
My Co on Expires
A~PROVED AS TO LEGAL DESCRIPTION
this L-` day of May, 1990.
By: av~-~
Title: r try _ y/
V-i &L e2,4 ~
APPROVED this 2&76 day of May, 1990.
DEPARTMENT OF COMMUNITY DEVELOPMENT
By : -~~1'/~_ _~/7 z~-~
Title:- C
JPK: sj s
SLD42.002
RETURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
P 0 BOX 23397
TIGARD OR 97223
Page 2. Permanent Traffic Signal Easement
2
1S1 35 BD 1300
April 23, 1990
TRAFFIC SIGNAL EASEMENT
A parcel of land situated in the southeast quarter of the northwest
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 of the southerly property line
of that parcel of land conveyed to Miller, Potter, Et Al, in a
Warranty Deed recorded on page 657 of Book 899, Washington County
records and the easterly right of way line of S.W. Greenburg Road;
Thence Northerly along said easterly right of way line to an angle
point in said right of way line, Thence continuing along said right
of way line to a point which is 42.00 feet right and at right
angles to engineer's centerline station 151+07.71, more or less; as
illustrated in City of Tigard R/W - Easement Exhibits Sta.
138+04.06 to Sta. 148+78.74 Sheet 5 of 8 and Sta. 148+78.74 to Sta.
152+39.36 sheet 6 of 8 dated 4/2/90; Thence Southerly and parallel
to said easterly right of way to a point which is 42.00 feet right
of engineer's centerline station 150+49.01; Thence Easterly to a
point which is 67.00 feet right of engineer's centerline station
150+49.01; Thence Southerly to a point which is 67.00 feet right
and at right angles to engineer's centerline station 150+34.01;
Thence Westerly to a point which is 42.00 feet right and at right
angles to engineer's centerline station 150+34.01; Thence Southerly
and parallel to aforementioned easterly right of way line to a
point of intersection with the southerly property line of said
Miller/Potter parcel, said point being 42.00 feet right of
engineer's centerline station 148+47.45, more or less; Thence
Westerly along said southerly property line to the point of
beginning.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGO
JULY 17. 1870
G. ROBERT TAYLOR
#937
/ J
/ 300
zoo /.44 A.
/ . 44 Ac.
SW Shady Lane
200 1100 900 800
.40 Ac. 108 Ac. 46 Ac. .44 Ac.
1300
19 Ac.
Jig
Traffic Signal Easement
I 1000
I 1 /•96 Ac.
1400 I I
2.68 Ac.
ICI
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•IWI
! I
I
1
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EXHIBIT MAP
SE 1/4 OF NW 1/4 OF SECTION 35 T1S R1W. W.M.
NORTH
NO SCALE
STATE OF OREGON
County of Washington SS
I, Jerry R. Hanson, 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.county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc : 90054044
Rect: 41423 28.00
09/28/1990 03:51:29PM