98-102965
RETURN RECORDED DOCUMENT 7
s' CITY HALL RECORDS DEPARTMEN STATE O~ AEGON
CITY OF TIGARD County of Washington SS
13125 SW Hall Blvd. I, Jerry 8d Hanson, Dlre for of Assess-
Tigard, OR 97223 ment and Taxation and Ex-officio County
Clerk for said county, do hereby bertify that
the within instrument of writing Wasreceived
and recorded in book of records '.of said
_ county.,
Land [1Se File Ib. SDR 97-0CX9/Pacifi.c Realty Ucitures
Jerry R. Hanson,
AFIER RI=IW TAX S , l7irector of SEEZ A,$sess~raenf awl Taxation, Ex-
r '1II~5 10: ff`r'ctol t Clerk
"NO CHANGE IN TAX STATEMENT"
DOC 98/02965
Rec.i.: 216995 26.00
09/17/1998 09:32:07am
EASEMENT
By this instrument the undersigned PACIFIC SANTA FE CORPORATION, an Oregon corporation,
"Grantor", in consideration of non-monetary consideration received from the CITY OF TIGARD, Oregon, a
municipal corporation, "Grantee", does hereby grant, bargain, sell and convey to Grantee, its successors and
assigns, a perpetual easement and right-of-way twenty (20.0) feet in extreme width, over, across, in and through
the real property owned by Grantor located in the County of Washington and State of Oregon, more particularly
described at "Exhibit 'A"' annexed hereto and by this reference incorporated herein as if fully set forth.
Grantee shall establish and define the exact physical location and configuration of the easement and right-
of-way granted hereby within the boundaries of the land described at said Exhibit 'A' and, by means of ordinance
duly adopted by and on behalf of Grantee in the manner provided for by law, the precise legal description of the
easement and right-of-way granted hereunder shall be established by metes and bounds. Said easement and
right-of-way may be located anywhere within the boundaries of the premises described at said Exhibit 'A' provided,
however, no portion thereof shall be located upon any portion of the easterly portion of said premises constituting a
any constructed or stabilized slope or embankment extending into, or which may be or become located wholly or in
part upon, any part or parcel of Grantor's property not included in the premises described by said Exhibit W. The
easement and right-of-way granted hereby shall be improved by the Grantee at its expense and utilized and
maintained solely and exclusively as a public passageway for pedestrians and non-self-propelled conveyances
such as bicycles and similar vehicles permitted thereon, all in strict accordance with rules, regulations and
ordinances lawfully adopted and enforced by Grantee pertaining to such easement and right-of-way.
Grantor shall neither have nor incur any liability or obligation cognizable at law or in equity for any loss.
injury or damage which may be suffered or incurred, or allegedly suffered or incurred, by Grantee, members of the
public or any governmental agency or entity, or other person(s) or party(ies), by reason of, or directly or indirectly
attributable to, any act or omission to act on the part of Grantor affecting, or by reason of any condition, occurrence
or event existing or occurring or which is claimed to exist or have existed or occurred, anywhere upon, said
easement and right-of-way or the premises described at said Exhibit 'A' not caused by Grantor's active gross
negligence or by Grantor's criminal conduct.
Grantor shall not cause or allow the installation, construction, reconstruction, repair or maintenance of any
physical improvement, building or other structure in or upon the area of the easement and right-of-way hereby
conveyed without the prior written consent of Grantee, which may be granted or allowed in Grantee's sole and
absolute discretion. Grantee may cause the summary removal of any such improvement, building or structure so
placed without Grantee's consent and Grantor shall make no claim against Grantee or any other person or party for
damage to or destruction of the property so removed. Grantee may not require Grantor to effect the installation,
construction, reconstruction, repair or maintenance of any physical improvement, building or other structure in or
upon the area of the easement and right-of-way without just compensation.
Grantor shall not cause or allow any act or occurrence or condition of land that disturbs the subjacent or
lateral support of the area of the easement and right-of-way granted hereby provided Grantor shall in no event be
responsible for loss of subjacent or lateral support of said easement and right-of-way, damage thereto or loss
thereof, caused or contributed to by flooding or immersion by surface and/or ground water regardless of the cause
of such conditions or any of their number.
EASEMENT [Continued on Reverse] I Page 1 of 2
3
For so long as said premises shall be utilized for the purposes herein described, Grantee shall keep and
maintain the said public walkway thereon situated in good order and attractive condition, reasonably free of
unsightly or hazardous accumulations of debris, ice, snow and other substances, and physical defects or conditions
or disrepair, which may cause or threaten to cause, unreasonable risk of harm to the health, safety or welfare of
members of the public using or present thereon or in the vicinity thereof or the property or interests of Grantor.
If and when the easement and right-of-way granted hereunder shall ever cease to be used or maintained
for the purposes herein described for a continuous period more than one hundred eighty (180) consecutive
calendar days in duration, the same shall forthwith revert to and vest in the holder(s) of the underlying fee title to
the premises encumbered hereby and all rights granted hereby or arising by, through or under, the Grantee shall
utterly and forever lapse, cease and expire.
By the signature of its authorized agent, Grantor expressly represents, warrants, acknowledges and agrees
that the agent executing this instrument on behalf of said corporation has been authorized by its Board of Directors
to make this conveyance on its behalf.
The parties acknowledge that this instrument will be recorded with deed records of Washington County,
Oregon. ~
Dated this 23 day of 1998.
PAC SANTA FE CORPORATION, rantor
1-
Mark P. Rockwell, President
Accepted For Grantee by:
By U b1s.. .-z~
Gus enas, City Engineer
STATE OF OREGON, County of ~ivQg~7„ ~p } ss.
This instrument was acknowledged before me on 2-
QIJ4 -1 1998, by Mark P. Rockwell,
as President of Pacific Santa Fe Corporation, an Oregon corporation, on of th Grantors therein named.
0 OFFICIAL SEAL
SANDRA KAY DOBASH
NOTARY PUBLIC-OREGON Z_Z_~
COMMISSION NO. 313027 Notary Public fo Oregon
MY COMMISSION EXPIRES MAY 31, 2002 My Commission Expires
EASEMENT 2- page 2 of 2
Exhibit 'A'
Being a tract of land in the SW 1/4 of the SE 1/4 of Section 12 Township 2 South, Range 1
West, Willamette Meridian, City of Tigard, Washington County, Oregon. Said tract being a
portion of Lots 1 and 2 of the Plat of Fanno Creek Acre Tracts and more particularly described
as follows:
Commencing at the intersection of the westerly right-of-way line of S. W. 74th Avenue and the
southwesterly line of Survey No. 26,918, Washington County Survey Records as shown on said
survey; thence leaving said westerly right-of-way line along said southwesterly line
N 56°55'41" W 152.75 feet to the POINT OF BEGINNING;
thence continuing N 56°55'41" W 358.57 feet to an eyebolt in a stump at the most northerly
corner of the Mill Site as shown on the Plat of Fanno Creek Acre Tracts;
thence S 25°20'25" W 93.44 feet to a point on the west line of said Plat;
thence along the west line of said Plat N 00°09'38" E 234.13 feet to a point on the south line
of Lot 3 of said Plat;
thence along said south line N 89°51'48" E 201.05 feet to a 5/8" ;rc^ rod ,vith ,elt nlus~ c
cap marked "W.L. MC. LS 808";
thence leaving said south line along the following bearings and distances:
S 71 °40'00" E 54.50 feet;
S 62°54'00" E 66.50 feet;
S 40°50'OO" E 82.00 feet;
S 25°40'00" E 71.00 feet;
S 01 °34'00" W 66.50 feet;
S 27°20'00" W 119.18 feet to the Point of Beginning.
EASEMENT EXHIBIT `A' Page 1 of 1
,3
N 00'09'38' E 234.13'
S 4 4.
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O IF SAN l<
N 00*09'38' E /230.818'
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f anno Creek ~
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