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98-123648 ST"TF OF OREGON SS C, .,v of V:'asihington I, Jerry R. Hanson, Director of Assess- ment and Taxation and Ex-Officio County Clerk 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- Offio city Clerk Doc 98123648 City of Tigard Rect: 219941 56.00 13125 SW Hall 11/03/1998 11:43:31am Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Easement - Bikeway & Pedestrian Way Re-recorded to correct missing legal and correct map, previously recorded as Document No. 98066323 Name of Person (Grantor, Grantee, etc.): Grantors - Tigard-Tualatin School District Grantee - City of Tigard The True Consideration for this conveyance is: - zero - NO CHANGE IN TAX STATEMENT After recording, return to: City of Tigard Records Division 13125 SW Hall Blvd. Tigard, OR 97223 /-(0 l• ' Rerecorded to `orred't- _ssing legal and S' OF OREGON } SS correct map, previously recorded as County of Washington Doctm~ent No. 98066323 Jerr; JR. Hanson, Director of Assess- men d Taxation and Ex-Officio County Clerk fo id county, do hereby certify that the within i ument of writing was received and recorde book of records of said AFTER RECORDING RETURN TO: county. City of Tigard Records 13125 SW Hall Blvd. Jerry FRI. Hanson,- ector of Tigard, OR 97223 Assessment and-Taxa Ex- Officio County Clerk SEND ALL TAX STATEMENTS TO: Doc 98 0 6 3 2 3 R.ect: 211076 48.00 NO CHANGE IN TAX STATEMENT 06/22/1998 11:00:51am EASEMENT FOR BIKEWAY AND PEDESTRIAN WAY Tigard-Tualatin School District, hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement, thirty (30) feet wide encompassing a ten (10) foot wide trail, subject however to relocation or termination as hereinafter provided, over, across, and under the land and real property described in the attached Exhibit "A" for a bicycle way and pedestrian way, which may be used by pedestrians and non- motorized mechanical means of transportation, such as bicycles and for no other purposes. The grantee shall have the right to place, construct, operate, replace, maintain, inspect, reconstruct, install necessary improvements, and in connection therewith may remove any trees, shrubs, or brush necessary or convenient to accomplish said purposes. Grantor expressly reserves for a period of fifteen (15) years commencing with the recording date hereof, the right to relocate the easement granted herein on the same legal parcel affected thereby, or to terminate the easement if Grantor and Grantee cannot agree on a relocation placement, which may be exercised by Grantor if it determines in good faith that the easement substantially obstructs Grantor's school construction and development plans for the legal parcel on which the easement shall exist. Exercise of the right of termination may only be exercised in the event reasonable efforts to relocate the easement are unsuccessful. Grantor shall give to Grantee not less than six (6) months prior notice of the exercise of its rights of relocation or termination. Grantor's rights of relocation and termination shall expire fifteen (15) years from the date of the recording of this instrument. Grantor shall not be responsible nor liable for any claims, costs, expenses or damage arising from the exercise of its rights of relocation or termination reserved herein; and Grantee agrees to bear all costs of relocation or removal of improvements in the event of such exercise. THE TRUE CONSIDERATION for this conveyance is S 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. 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 except to the extent of exercise by Grantor of the rights of relocation and termination reserved by Grantor. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns shall cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited Page 1 EASEMENT FOR BIKEWAY AND PEDESTRIAN WAY cq''5_ 2-_ and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever, subject to the rights reserved to Grantor herein. IN WITNESS WHEREOF, I hereunto set my hand on this 23rd day of April 1998. TIGARD-TUALATIN SCHOOL DISTRICT By: Name: Russell A. 13137 SW Pacific Highway Title: Superinten nt Address Tigard, Oregon 97223 By: Name: Title: EAL GU30N STATE OF OREGON -0REGON 0.040994 SS JANUARY 24 1999 E:aj Countv of ) 98, by s instrument was acknowledged before me on this day of , 19 of Tigard-Tualatin School District, a Q6-profit corporation, ot. M11 ,the o behalf of suc corporation. C) C\~'A , E V ).1'1J'JAA In %-JLJIIJ-XLA-%W NOT PUBLIC for Oregon c~ My commission expires: o! ~9 9 STATE OF OREGON ) ) ss County of ) This instrument was acknowledged before me on this day of 19987 by the of Tigard-Tualatin School District, a non-profit corporation, on behalf of such corporation. NOTARY PUBLIC for Oregon My commission expires: -tk Accepted on behalf of the City of Tigard this jo day of City gineer C:\ORCC" OGC11GARD\bikcway.ca4.wpd Page 2 EASEMENT FOR BIKEWAY AND PEDESTRLAN WAY - J LEGAL DESCRIPTION FOR 30.00 FOOT WIDE BIKEWAY AND PEDESTRIAN WAY EASEMENT A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 1 WEST, AND THE NORTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SW. TIEDEMAN AVENUE WHICH IS S 68° 44'56" W A DISTANCE OF 539.07 FEET FROM THE NORTHEAST CORNER OF SECTION 3; THENCE ALONG THE CENTER LINE OF A 30.00 FOOT WIDE PATHWAY (15.00 FEET ON EACH SIDE OF SAID CENTERLINE); THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 74.00 FEET, A DELTA OF 40°42'42" (A CHORD WHICH BEARS N 49° 20'27" W, 51.48 FEET), AND A LENGTH OF 52.58 FEET; THENCE N 23'59'06" W A DISTANCE OF 88.78 FEET TO A POINT OF CURVE OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 134.00 FEET, A DELTA OF 48°08'09"(A CHORD WHICH BEARS N 00°04' 59" E, 109.30 FEET), AND A LENGTH OF 112.58 FEET; THENCE N 24°09' 04" E A DISTANCE OF 143.48 FEET TO A POINT OF CURVE OF A CURVE TO THE LEFT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 50.00 FEET, A DELTA OF 23°49'05" (A CHORD WHICH BEARS N 12° 14'31" E, 20.64 FEET), AND A LENGTH OF 20.79 FEET; THENCE N 00° 19' 59" W A DISTANCE OF 631.15 FEET TO A POINT OF CURVE OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 175.00 FEET, A DELTA OF 96°22'02"(A CHORD WHICH BEARS N 48°31' 00" E, 260.85 FEET), AND A LENGTH OF 294.34 FEET; THENCE S 83°18' 00" E A DISTANCE OF 70.24 FEET TO A POINT OF A CURVE OF A CURVE TO THE LEFT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 100.00 FEET, A DELTA OF 30°51'34" (A CHORD WHICH BEARS N 81 ° 16'13" E, 53.21 FEET), AND A LENGTH OF 53.86; THENCE N 65° 50' 26" E A DISTANCE OF 94.75 FEET TO A POINT OF CURVE OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET, A DELTA OF 24°09'34"(A CHORD WHICH BEARS N 77°55' 13" E, 41.85 FEET), AND A LENGTH OF 42.17 FEET; THENCE N90°00' 00" E A DISTANCE OF 110.77 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET, A DELTA OF 90°00'00" (A CHORD WHICH BEARS N 45° 00'00" E, 35.36 FEET), AND A LENGTH OF 39.27; THENCE N 00° 00'00"E A DISTANCE OF 21.05 FEET TO THE SOUTH RIGHT OF WAY OF SW. TIGARD STREET. I ' ' u 5 8 Iran Roc age of YPC Markec 1 La" A 1 ° EC rN 2 :59J -owl r Srhoo! rack Boilfield r "c Ielu k Bocksl cc Fcwl=r School L i!s of 12+4:(LJ)As Cedar ~ Bull Fe1d~ Lawn -I / UU f 7/ Iron R d 7 - W~RPC Mark 1 5/£" knn Run 10.0' 4 20'lcsh I , EA CONTR L + cgry Limits of "Fitnes 1/T Iron Rod " nes I Workout ~a~ P5 ~Ns Cer, Eenf of )NRPG Marked Cours S 7 Equipm enl g2j la"Ash / 'Q Lowr Course, Sian Lirnlls As ~I Lawn EA CONTROL" 01 Eaisl Sego r 4"Ash =y arkout ,f N S F Asn N X409 - _ Equipment _ rl I 2Iron Rad ~7+00' 18+00 00 2p}Op I Y~RPC Marked 8" ate Top of Bank '~Fk 21 L 0 14"M _ +00 EA CONTROL 1 10"Ma I Workout sn us i~w 12"M le Equ pmenl~ _ 1 a p - 16 Ppl a N well oundar "Fitness our~ n 8 Ash y r ~ a ~ sh ~'~~-(p 2~(z)lu"(3)Ash d ~1 I I ,2 8",8"A Begin ConetNGt(on v 5"ceda1 3"Fir , X2,12 a.h 3)Ash + 1 12".10".10"Ash 8"(2)r, " 3 Asn 12" 11°(2)6°(2)ASh Poth cenledlne F 10+05.90 1 M BAs RrL13"Fr,. "Fo-., 12 Ash 12"Q P SS77 N 652146,1678 6' Cha Fir U 12"Ash r 1 E 7615154.8467 ink Fen I`»m to 1 tsh 6 1 Jain Exist AC S 68'30'09 36"Walnut \ v¢2 10+10.80 Wetland Boundary \ 5x, 1. J 9 PK N 'I+ Fi'. "Ced r I 1 Const. Steel Poets - no. 'os .5 C dl , edar Y - - Curve Table 0' G Curve No. Length ft Radius (it) Delto Tangent f >>9 1.5" ed 1 14.21 10.00 81-23-51 8,80 j ROW 12.34 10.00 70-42-13 7.09 I La \ 3 52.58 74,00 44-31-03 309 1 \ Top of Bonk 4 `y 112.58 134,00 48-08-D9 59,85 1 / \ \ 4479 50.00 23-49-05 10.54 I E '4 6 294.34 175.00 96-22-02 195.61 1.5"Cedar \ 53.86 100,00 30-51-34 27,60 ul~ ; / \ \ 8 42.17 100.00 24-D9-34 21.40 I 39.27 25.00 90-00-00 25.00 I u 20.24 15,00 77-19-38 12.00 1 m 4 / 22.62 15.00 86-23-10 14,08 I g 1 1 1" Iron Rod \ \ \ I F YPG Marked PATHWAY 1 8 ° 4+24 Scale 1" = 100' BEC PLS 2553" 1 Ct I 7 865 2.3' 5' S' 2s' ♦getT ' VAR I CA MA 8" CAP MARKED k 6G URAHASHI PLS 1945 5 B" Iron Rod 3' CLASS 'C' AC k NN I FANNO9 1997" YPC Marked I 4 jr EC PLS 2553" 2E \r r 2E SLOPE 2x \I \00 P Nail I 7,f T T 5 8° Iron Rod \ l\ 8' OF 3/4'-0 Aggregate Shoulder 1 y 5///YPG Marked Mat'I - 3/4' - 0' 1 1 "NARROW "6BEC PLS 2553" 6ridg \ \ 1 ' C Marker BRIDGE" Sign \ \ \ 4 2 3/4"' Cass Cap ROW ♦ - _ M rked CITY TIGARD SL) -VEY CONTROL \ \ PJ UN WFUL TO DISTURB" TYPICAL SECTION \ f I 0 31 3 34 r• 27+90.75 \ \ \ \ \ I a TE M e I Coneh Sled Posts - 2 ea 2 35 SECTION CORNER \ p a N I End Construction 3 1 2' q~uMIHUM GAP e a 27+95,91 MARKED WASH. CO. "D A CONTROL" 8 \ "Ape 653402.7875 SURVEYOR 1982 W~f~PC Marked 7 .5;7615726.1201 UNLAWFUL TO DISTURB" 1/2 Iran Rod Top of Bank BC 7 26 3 PGE)j586l~ Ja' 7~Tia1 AC "SPEED 35° 8'Appl nalt T \ ~ _k Existing Asphalt Trail LEGEND \ P2% ,p annaryy MH vi I Rim=154.66 NEW \ \ \ Px n S orm MH IM WETLAND TEST PLOT =154.05 PATHWAY % \ \ SCOIt:; 1" = SOr \ w p WETLAND FLAG BY OTHERS 5 8" Iron Rod \ \ ed SQ UTILITY METER \ \ \ \ s Fence EXISTING UTILITY MANHOLE \ \ m F G a~ a - - TOP OF BANK O TREE -DECIDUOUS q n m o RIGHT-OF-WAY LINE V TREE - CONIFEROUS \ PROPERTY LINE - SIGN \ - EASEMENT LINE ¢ POWER POLE \ \ GUARDRAIL e MAILBOX \ \ -X-x x- FENCE LINE e FOUND MONUMENT AS NOTED \ \ \ EDGE OF WETLAND 6 CONTROL POINT (SET BY DEA) - - DITCH "NE 6 CATCH BASIN FANNO CREEK TRAIL - SEGMENT 2 CURB LINE W/YPG WITH YELLOW PLASTIC CAP y~ 4,p1N+~ VANNIE T. NGUYEN - - - CENTERLINE W/RPC WITH RED PLASTIC CAP flGINEOW4WMAM TIGARD STREET TO TIEDEMAN AVENUE BRUSH/IREE LINE AL. ALUMINUM LAYOUT ` oe~a ~~NY Ie,? CITY OF TIGARD ENGINEERING DEPARTMENT SHEET L.~ r N L THOMAS ORLOON Cry to ~ ara FILE NO. 260 DWG NAME: v u .Jl ors aVOfss aOWEER C>Faseaw ui r gP96_ N:\ENG\1998\FANN02\SITE Ll rc w-mr