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83-027511 1 PROJECT NA:"IE:l Siemens-Aff. � FILE �: M .. 8 3 0 2 7 5 JDR.SS: . 5 asca11 _t B v . TAX MAP: 1S1 35BB TAX LOT: 500 g CONSENT COVENANT (NONREMONSTRANCE AGREE,'•ar NT) Street Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the fo=ation of a local improvement district by the City of Tigard for the purposes of improving the public street or streets upon which the described property monstr abuts. The undersigned expressly waive all present and future rights to oppose or reate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of in the improvement district proceeding and any right they may have tinder the laws c the particular cost items State of Oregon to contest the proposed assessment fozmula. phis consent and waiver shall run with the title to the described land and be binding upon the undersigned and all successor owners, for a period of fifteen (15) years from the date of the last signature below. The real property that is the subject of this consent covenant is -described as follows: SEE ATTACHED EXHIBIT "A" �••.... SIEMENS-ALLIS, INC'. s r1 CORPORATION ACK.NOWLEDGEMEN-T By: President STATE OF � ) SS. County of Dekalb ) BY� Secretary. on thiL � of 190� , before me appeared ChesterW. Diercks, Jr. and W . Beri er both to me personally known, who being duly SwO=I, did say that he, the said Chester W. Diercks, Jr. is the President, and he, the said William E. Beringer is the Secretary of Siemens-Allis, Inc. the within na_-e Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Chester W. Diercks, Jr. and William E. Beringer acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY Vt'tMREOF, I have hereu:,to set myha�i3, a*iB.:aflIxed my official seal the day and year last above y rtten:"A jNot ry Public for omssion Expires niMY COMMIS ION EXPIRES ' l OCTOBER 30, 1983 '.. EXHIBIT "A" Beginning at the southwest corner of the D. C. Graham Donation Land Claim No. 52, in Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and running thence North 1° 14' West 1056.0 feet (Deed—North 16 chains) to a stone monument, said monument marking the Southwest corner of the Herbert Olson Tract as recorded in Deed Book 304, at Page 99, Record of Deeds for Washington County, Oregon; thence continuing North 1° 14' West 345.20 feet along the Westerly boundary line of said Olson- Tract to an iron rod marking the Northwest corner thereof ; thence North 89° 22' West 60.0 feet to an iron pipe, said iron pipe marking the true point of beginning of this description;�thence continuing North 89° 22' West 28.80 feet along the Northerly right of way line of a railroad spur 20.0 feet in width to an iron pipe; thence along said right of way line on a 348.39 foot radius Curve to the right (the . long chord of which bears North 54° 02' 30" West 402.89 feet) a distance of 429.56 feet along the arc to an iron pipe, said iron pipe being -pet opposite and 87.0 feet distant at right angle to the center line of the Southern Pacific Railroad; thence North 18° 43' West 936.20 feet running parallel to said center line to an iron pipe; thence at right angle to said center line North 71° 17 ' East 451.88 feet to an iron pipe set at an intersection with the south westerly right of way line of a 50.0 foot proposed road, said right of way line being 135.0 feet distant and parallel with the center line of the proposed Oregon State Highway Department Freeway; thence following parallel and 135.0 feet distant from said Freeway center line on a 1280. 92 foot radius curve to the left (the long chord of which bears South 37° 01' 30" East 264.45 feet through a Central angle of 11° 51' ) a distance of 264.90 feet along the arc to an iron pipe; thence along a reverse curve to the right (the long chord of which bears South 22° 05' 30" East 118.38 feet through a central angle of 41° 43' ) with a radius of 166.23 feet, a distance of 121.04 feet along the arc to an iron pipe; thence South 1° 14' East 943.56 feet along the Westerly right of way line of a proposed 5,0.0 foot 'road to the true point of beginning of this description. Excepting therefrom that portion dedicated to the City of Tigard by instrument recorded as Recorders fee number , Records of Washington County. STATE OF OREGON County of Washington SS I, DonalciW�'�Mison-Dir6ct6r�of Assessment and Taxation°'andi Ex-C)ffici'o gRecorder of Con- veyances "' tlo;hereoi certify that the withi,nnstrument:cfywrting wasyreceived and recordedin boo 'o f records of,said county. �Donaid�W Mason;�`Director of Assessment and Taxation, Ex- SAFECO I�\ O oChief;Dep`uty Clerk I 1983UG - I AM 9: 45