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68th Parkway - F.I.G. Holding PEDESTRIAN AND BICYCLE PATHWAY LIMITED USE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ( I.G. Holdincl Company, i California corporaf i(m hereinafter called grantor, for no consideration other than acceptance of the obligations hereinafter described by ~-Ie grantee, do hereby give and grant, subject to the terms and provisions hereof, to the City of Tigard, a political subdivision of Washington County in the State of Oregon, iereinafter termed grantee, an easement to construct and maintain as an appurtenance to a ro-d designated S.W. 68th Parkway a pathway on, over and within the following described lands of the grantors subject to the conditions hereinafter stated: (See attached) This limited use easement supersedes original limited use easement submitted to City of Tigard. 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, util.i.zed, 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 o- 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 to improve the present S.W. 68th Parkway 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 S.W. 68th Parkway 4 al! rights herein described shall revert to and revest in grantor, heirs and assigns, effective with the initiation of such proceedings and the just compensation to be paid ?)y 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 same extent as if the rights herein described had not been granted. "1N')WITiESS WHEREOF grantors have executed this instrument for the uses and purposes Ireir3al'o' ret forth. r,;W1tr()ess: our s and ~ea1s this day of 1c _Le~nhFr' , 19 }Ci~l`dtn K. R' ie SEAL _ F ank P. be (SEAL) Vice-President (SEAL) Secretary (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. dated this day of 19 By Mortgagee Title STATE OF C~9`~ciFoRN A ) )SS. County of LeS ~}T~~.~S) On this day of ~,EC~isi3~,e ,19 before me appeared 4R1f_1ya1V _ff. R1 P4 19- and both to me personally nk`ow, w -ho~eingduTy sworn,_ -d'say-tFat~ie; the saw is the Vlet President, and he, the said 99soM is the Secretary of -LC//." Z. D/ Al q ~vihP~vN~ the within named Corporation, and that the seal affixed to sa d instrument is the corporate seal of said corporation, and that the said instrument was signed and sealed in 'jehalf of said Corporation by authority of its Board of Directors, and R,a/fAM R. R1 HIE and RANK P 4,fejP150AL_ acknowledged said instrument to be the free act and deed of said Corporation. nuuuunminnnnuuuunuauauaaauauaaanauaunnaunnaumwiu~nynauanw EAL Iil `I'l.S'1'I"1011Y W111-AZLO F, I have hereunto set my OFFICIAL SEAL" FRANK W. SEKELA = hand and <If f.i xed my official seal the day ` ~ - NOTARY PUBLIC-CALIFORNIA = and year icI s t above written. PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires May 22, 1984 ~~~'?C4-'------ nnnnumnnninuuWninmmnumnr,nnnmmuumrwoumi,im ~iunununrimuwu v~ t U' ~ 1 7 t' f c r C~~/FO Rl4 I P nl..l. C.r LnLW-C. The', City above named here`s, accepts the foregoing grants an,, agrees to comply with each and every term and condition thereof. CITY OF TIGARD 57 By: Mayor By: ~ D Recorder STATE OF OREGON } ss. County of Washington ) On this 28th day of February , 198, before me appeared Wilhrr A Bishop and Doris Hartig , both to be personally known who, being duly sworn, did say that he, the said Wilbur A. Bishop is the Mayor, and she, the said Doris Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Wilbur A. Bishop and Doris Hartig acknowledged the said instrument to be the free act and deed of said municipal corporation. IN T.EST:EMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this'the 'day and year in this me certificate first written. Notary Public for Oregon V f My Commission Expires: _ %;~o;~"i:~Gy'.~-'.~'~4-' *~Cit~i~?fK,~%f:bj'.fY4+~lS!~*.4:¢.-•: ".Cr:: o:~ y~i:. ~ i+`•f?~! •K ~:7i:~S;t^» fr'^;~~yijr~?K~~.r.•~L'1~'~.•. ~ • -=~:g9~e• Pedestrian and Bicycle Pathw<,y LirliLed Use Easement A strip of hind, 15.00 fart in width !,ituated in Sccl.i0n 1, T. 2 S., R. 1 W. of the Willamette Meridian, Washington County, Oregon, being a part of "Varns Acres", being more particularly described as follows Lo-wit: Beginning at a 5/8" iron rod in thc~ suuLherl.y right of way line of S.W. Irving Street (vacated), which point bear, South 880'>1'38" West, 10.00 feet; South 0000'34" East, 30.00 feet and North 88051'38" East, 8.00 feet from the southeast_ corner of Block 39, "West Portland Heights". From said place of beginning; thence South 0003'40" West along the westerly right of way iine of S.W. 68th Parkway, 393.60 feet to a 5/8" iron rod at a point of curve; thence along said right of way line on a curve to the left, having a radius of 50.22 feet, throurlh a central angle of 63026'15", a distance of 55.60 feet to a point of tangent; thence South 63022'35" Fart along .;lid right of way line, 58.79 feet to a 5/8" iron rod and point of curve; thence southeasterly along a curve to the left, havinq a radius of 516.22 feet, through a central angle of 26038'09", a di~_,Lance of 239.98 feet, to 5/8" iron rod at a point of tangent; thence North 8905`)'16" East along ;did southerly right of way line of S.W. 68th Parkway, 279.25 feet to a 5/8" iron rod in the westerly right of way line of Interstate 5; thence South 1019'09" East along said westerly right of way line, 5.04 feet; thence South 12058'11" West along said right of way line, 10.27 feet; thence leaving said westerly right of way line, parallel with said southerly right of way line of S.W. 68th Parkway and 15.00 feet distant from when measured at right angles thereto, South 89059'16" West 276.79 feet to a point of curve; thence northwesterly along a curve to the right, concentric with said southerly right of way line of S.W. 68th Parkway, having a radius of 531.22 feet, through a central angle of 26038109", a distance of 246.96 feet to a point of tangent; thence North 63022'35" West, 58.79 feet to a point of curve; thence northwesterly on a curve to the right, having a radius of 65.22 feet, through a central angle of 63026'15"9 a distance of 72.21 feet to a point of tangent; thence North 0003'40" Fast, 393.29 feet to the southerly right of way line of said S.W. Irving Street (vacated); thence along said southerly right of way line, North 88051'38" East, 15.00 feet to the place of beginning. Containing 15,347 square feet more or less. STATE OF OREGON 5S County of Washington I, Donald W. Mason, 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. City of Tigard Donald W. Mason, Director of 12755 SW Ash Assessment and Taxation, Ex- PO Box 23397 Officio Chief Deputy Clerk Tigard OR 97223 m 1983 MAP 15 AM 10: 14 NE 1/4 SE 1/4 SECTION I T2S RI W W IA. 2S I IDA WASHINGTON COUNTY OREGON CANCELLED SCALE I"= 100 SEE MAP moo. 1300, 2S I IAD I/4 COF so T6+974L 33G se9° 54'w 330 I9l.3 146.67 INITIAL ~ 500 400 300 200 100 POINT n 2.04Ac. 3344c. I 232Ac. 235Ac. 138Ac. N n I I I +60 I > Q I I n ° n 264 O O A P 2G n 700 I I I W 2.04Ac. 10 a n 9 OD 8 W 7 w „ ri a I~ ~ n n a ° Z z ~ I I p -7 n I~m I g ( R=5022 W?p I; I ~ pB.D ~ ~I P y v 00 \ STq A1366 2f S I \g~C~C J~6Z7 ~ ~ PARKWAY 276.39 I } 239.96 r ~f ~ ~ ~ ~ 279.25 ~ ~l I 6 W 23 -4000 81 1 I I U- 1 . 6 I ° I 1 00 N 69° 26' 45" E I v - - 330 - - 66- - - - 330 - - - - - - - - - - - - 3 0 ^'JG L~ 206.60 ° eh9 VACATED By BEG.'1~ ~ rem