Durham Road - ADA NIVA
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LIMITED USE EASEMENT
hNOAI ALL MEN BY THESE PRESENTS, that ADA NIVA hereinafter called grantor, for
no consideration other than acceptance of the obligations hereinafter described by the
grantee, do hereby give and grant, subject to the terms and provisions hereof, to
Washington County, a political subdivision of the State of Oregon, hereinafter termed
grantee, an easement to construct and maintain as an appurtenance to County Road #429,
a pathway on, over and within the following described lands of the grantors subject to
the conditions hereinafter stated:
-ne "North 10 feet of the South 30 feet of the following tract- Beginni.nu; at a point
on tl 2 south link of Lot 14, t9illow'rjrook Farms, in Sec. 10, T2S, RI-v], lashinrton
JU;i Oregon, South 31) 54' E. 89 feet frnm the South,,,7est ccrn,t r ' SdL ! Lot 14;
pence 1.-0. 00005' F. 188.6 feet to a point; thence South 89'-)54' E. 89 feet. to a point;
thence South 00'05' W. 188.6 feet to a point on the South line of said Lo", 14; thence
:`1'7r-h 89054' :tip. 89 Ceet to the point of begirminq, being that porLion 'Jf .3aid tract- I.v ;.q
orthsrl.I of and within IO feet of the North line of S. W. Durham Road.
The rights and easement herein granted are subject to each and all of the
following conditions and limitations and reversions:
(1) That the use of the above described area shall be limited to the construction,
maintenance and use thereof for a pedestrian and bicycle pathway and for no other public
purpose and in the event that the said area shall be improved, utilized, or maintained by
the grantee or by any other public body for any other purpose, all rights herein granted
shall revert to and revest in grantors, heirs and assigns.
(2) That grantor does 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 the uses thereof by the grantee and the public for the purposes herein stated.
(3) That if, at any time, grantee or any other public body shall undertake
proceedings tt improve he present County Road #429 (Durham Road) and by reason thereof
grantee, or any other public body shall seek to acquire from grantors, heirs, or assigns,
by negotiation or condemnation right-of-way area additional to that heretofore vested in
the public with respect to said County Road #429, all rights herein described shall revert
to and revest in grantor, heirs and assigns, effective with the initiatinn of such
proceedings and the just compensation to be paid by said grantees or any other public
body for such additional right-of-way area shall be determined as if this instrument had
not been executed and to the sane extent as if the rights herein described had not been
granted.
IN WITNESS GIHEREOF grantors have executed this instrument for the uses and
purposes hereinabove set forth.
STAIE CF OREGON )
ss
County of Washington
. ~ i
1974
Personally appeared the within named ADA NIVA and acknowledged the foregoing
instrument to be his voluntary act and deed.
Before me:
i Notary Public for Oregon
My Commission Expires : LL y"LL
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COAMOA 64
-IL ELEMENT E
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95-43294 so-45611 g = n lE C1A1N9
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C R. No. 429 =
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