17332
1'7332
PARTNER(S) ACKNOWLEDGMENT
STATE OF OREGON )
ss.
COUNTY OF Washington )
On this 30th day of June , 19 76 before
me personally came, Jim E. Hemstreet to me
known, and stated that he is a partner in the firm of
International Dunes Company , a partnership, and
acknowledged that he executed the foregoing instrument as the free
act and deed of said firm.
IN TESTIMONY WHEREOF, I HAVE
hereunto set my hand and affixed
my official seal. the day and year
Is above written,
Notary Pub 0c for Oregon
My Commission expires
BooKjjiq P,~t524
'
1.'7332
SAP E~~~t,~ez:, :
PEDESTRIAN AND BICYCLE PATHWAY ced Rcf.rcncta
LIMITED USE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that INTERNATIONAL DUNES COMPANY
hereinafter called grantor, for no consideration other
than acceptance of the obligations hereinafter described by the grantee, do hereby give-
l
ind grant, subject to the terms and provisions hereof, to the City of Tigard, a poll-tic,
ubdivision of Washington County in the State of Oregon, hereinafter termed grantee, an
a cr,?cnt to construct 'I rid maintain as an appurtenance to ENGLEWOOD TERRACE
a pathway on, over and within the following described lands
of the grantors subject to the conditions hereinafter stated:
A 10 foot wide tract of land contained in Lot 90 Englewood, a subdivision
in Washington County, Oregon that parallels and is adjacent to the southern
boundary line of Oregon State Highway 210, also known as South West Scholls
Ferry Road.
The rights and easements 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 prr;c
ings to improve the present atreets a11d h~
reason thereof grantee, or any other public body shall seek to acquire from gran c
heirs, or assigns, by negotiation or condemnation right-of-way arc.- :aflditior-.A.
heretofore vested in the public with respect to said pathway
all rights herein described shall revert to and revest in grantor, heirs and ass.
effective with the initiation of such proceedings and the just compensation to be
paid by said grantees or any other public body for such additional right-of-way
shall be determined as if this instrument had not been c-.:c-~cuted -1nd to the n
as if the rights herein described had not been granted.
IN WITNESS WHEREOF grantors have executed this ins i.'~_~rent t 01 the uses
hereinabove set forth.
Witness our hands and seals this 30 day of June ,1976 .
(SEAL) INTERNATIONAL DUNES COMPANY (SEA_L
(SEAL) (SEAL
(SEAL) by Jim E. Hemstreet (SEAL
Partner
For a consideration, the mortgage l%hen on the above described properties is hercby'
made subordinate to the easements above granted.
Dated this day of 19
By
Title Mortgagee
BooK1119 F,,Lr525
{
' i
R
1'7332
STATE OF OREGON )
ss.
County of!~z/~J )
On isda of 19% Z, personally appeared the above
named
and acknowledged the foregoing
deed.
Before me:
Notary Publ c for Oregon
My Commission Expires:
STATE OF OREGON )
ss.
County of )
On this day of , 19 , personally appeared the
above named
and acknowledged the foregoing
instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission Expires:
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply
with each and every term and condition thereof.
CITY OF TIGARD
By:
,ay or
i
By: -
Recorder
1
STATE OF OREGON )
/ ss,
County of 1~ "L2.4:7 ~ )
On this day of 197,6 before me
appeared bLLV t AfSbd,3) and nrcy ,
both to be personally known who, being duly sworn, did say that he, the said
/ /7 6, s L4 is the Mayor, and she, the said _
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said- 4,14u-*, - /Z jKi.c. Lgh and
acknowledged the said instrument to be the free act and deed of sal rr~unic'pa1
corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official sc.aL,
this the day and year in this me certificate first written.
Notary PTt blic for Oregon
My Commission Expires: C
8UAR T HQMSSEN, Dueciorr of Aar ozds & Eiechons
!1 A) By 1..,l._Z. 7 . Deputy
09a
rr
I,
t
t '
r
STATE OF OREGON
County of Washington SS
I, Roger Thomssen, Director of Records
and Elections 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
No.
of said County
Witness my hand and seal affixed.
ROGER THONISSEN, Director of
Records & Elections / ,
" Dh"~ "f
/ Deputy
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