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78-28458
AV ..,, 'fir _ .• ...__. CONSENT COVENANT '78 28458. Street Improvements The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purpose of improving the public street or streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate 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 particular cost items in the improvement district pro- ceeding and any right they may have under the laws of the state of Oregon to contest the proposed assessment formula. This 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 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 : Per attached EXHIBIT "A" Page 1 - Consent Covenant I , r DATED this 27th' day of April 1978. EASTGATE THEATRE, INC. By STATE OF OREGON ) ss County of Washington ) On this day of 197_, personally appeared the above named and acknowledged the foregoing instrument to be voluntary act and deed. Before me: Notary Public for Oregon My commission expires : STATE OF OREGON ) ss. County of Multnomah ) On this 27th day of April , 1978, before me appeared HERBERT ALTHOUSE to me personally known, who being duly sworn, did say that he, the said Herbert Althouse is the Vice-President of Eastgate Theatre , Inc. , the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Cor- poration, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors , and Herbert Althouse acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and .,..,, Rf=fixed my official seal the day and year last above written. Awe:'cao � Q Notary P c or regon C `e My Commission Expires . February 9, 1981 idei��nr���q�'�.4 >��•: Page 2 - Consent Covenant ' .z, `•r.: } •`-�, :sl,,.',a;x`vh`;:�.r, r? �tf ��t s Y,�F'rti. �itti- ,t •-- s: �-b.' Y , `.. calN���ji'/ soc pogo I for veul:r ,:, and encumbrances, i any. Description of the tract of land which is the subject of this report: 1'ro: tt:rty , eituate in W:.shingtod Cptw.ty, Oregon, described as follows; Beginning at the Hortheant corner of the George Richardson Donation Land Clain Number 55, in Section 36, Township 1 South of range 1 Vest of the .Willamette Meridian;* and running 'thtnce South 0� 13' =a West 'T94.4C feet to �► point in the centerline of the Red Rock Road; running thence North 890 47' West 20.0 feet- to a railroad spike _ tk masking the intersection of 'tha Ment line of said Red Rock Road ,• .. -; v ,H �it:� tble i1111, uth�: Y lineof the nest Side 1pac f1c HighYay 99- d; _. 4M Orly, �Ine 0f. .old i•� 'pa':..�fte Arc `.= of a 1 ooL r�e4iur�' aurve to the riht (tht long chord searing 'M and distance being South 59' 26' nest 244.32 feet) for a distance . ;t of 24$. 59 feet to a One-half inch iron rod set as a highway right of way mtrker; thence continuing along the Southerly right of way line of said highway South 64' 13' west 329.34 feet to an iron pipe at . the Northeast corner of that certain 3.00 .%ere tradt of land conveyed to Jesse E . Jones by deed recorded in Deed Book 343, page � 59; running thence South 0` 30' West along the Last line of said 3.00 acre tract a distance of 536.3 feet to the true point of beginning ?y of the hereafter described tract; thence running from said true point of beginning South O' 30' West along the East line of the above noted 3.00 acre troct of '.and, a distance of 75.0 feet to the South- east corner thereof in the center of a drainage ditch; running thence Forth 440 16, gent 45 feet; running thence North 36 50' Went 53.45 feet to the true place of beginning. , PARCEL. IIs A tract of land in Sectlon 36, Township 1 South, Range 1 West of the Report Nri. 34-A-61556 3 •`$'► ! ? }jai sI'•. .1�ry-..F�r .. •. `'"7. J �•j_' v .�._ �� ` !_SS`s" ' ; '� r _ xi far r .3.•��`5���.�1 yg DRi Cl"�u .� -F t TY :. S •y'. w►p,rf+Ae'61r�bci! t y a1 sat .Coi�icts of the Alfred zviener tract as iba '� e .4Zb; and runainR thence West along :t3te`' at sesd:Zwlentr Uta' 't a dist ce of 2 2 feet to the " $ou � ne sn 7 iiV-"to_jr.ver. .00 =fit certain tract conveyed to Virgil C. L,eha►eti, _ ;]r ' eQ :rstsa�dsd"` atcA 11, 1942, in Deed Book 206, page 401 ''`''- ' •1 ' ,. id gat " tag -.tr%W point 'of beginning of the .tract herein► �' '1' ' dsoel beds thenCd: west along the South line of -he said Zwiener tract, . r ►ld .$outs"=l�itcie .being" also the North line of that certain tract • _ Vis.>. r, 'totL"J".0 <61 wed 'J. K1"- t, et uz, . by deed regarded .in Deed: Hook .distance of 553-feet to the Southwest corner of end 91 m `.tkabt f th:enae Rortb along the West line of said Uiener' t tract A! distaaa ' of 2'{0.56 feet to a point; theaee East to a point `+ �x in -the dimer 11A4 of .drainage ditch thence North 43' 220 East along °':.. the center, of I said drsinge ditch 307 feet; thence North 590 449. „ East along 'the center of said drainage ditch 492.9 po feet to a int on tie Vest :line of Red• Rock Road tfience South+ al the West lice � j Ongr of .said ro*A IM-4 fe*t to a point on the Ns-rth line of said Lehman ... � h 'y Tract :abovs mentiored; thence West along the North lime of raid Lehman Tract 252 fest to the Northwest c,.)rner thereof; thence South along the West, lips of said Lehman Tract 160 fe+t to the true point "y. of beginning. ,- PARCLL 111t A. The follcming .described property; :.a. Beginning at the Southeast corner of that certaia tract of "ad owned by Alfred Zriener 4A Ofttion 360 Township 1 South., Range 1 Westpf the Willowtte Meridian, which is described in Dead Book 7©, <=: page 428; . thence West along the South line of said Zwiener Tract 272 & feet; -thence North :parallel with the East line of said Zwiener Tract :< 160 wee es ;: t perasLL01 with the South base of. said �z�'• ' ri _2 `f4*gAb*6" sa`ith to ttia places of as. y, . .i ,. .. .>• is PARCEL I►;• Beginning at the Northeast coraer of the George Richardson Donation Land Claim situated in Se4tion 36, Township 1 South, Range 1 Kest of the Willamette Meridian, in Waghingt�on County, Oregon; and { running thence South 0" 13' West ?94.46 feet to a point in the center lire of Red lock Roads thence North 89' 47' West 20.0 feet- to eet to a railroad spike marking the intersection of the Westerly right ; of way line of said Red Hock Road with the Southerly right of wady line of the present alternate State Highway .#99-W right of way; thence following said State Hi wa right of way line on a curve to �? y ,.L the right having a radium of 1462.40 feet (the long chord of which bears South 59' 26' West 244.32 feet) a distance of 244.59 feet to a one-half inch iron rod set at a state highway right of way monument; thence continuing along said right of way line South 64' 13' West Y 329.34 feet to an iron pipe, said iron pipe marking; the true point c0111,11U06,.,, s►,f-eBRrpor, No. 34-A-62596 .i !*�. :;r .'';�'{, � .-,., �r•.J:he. `rix �Y.: , . ~ VIM . 6 be •.n ot,`this de•scilption; then: c�ntir�;..lii,�,r youtt. 64" 13 ' heat : : one-half ihch * 1 ron rod set &e estate tigthwa;y ,.1. r>6tit gy' AWnur.eelt; thence' South 5.4' oil kes, 250.9 feet to an iron pips • thande 1 eavi,a& said right of wary lin• and running: South- 00 - �x 3'"�' Neat:.• /J3;�12e3 t to iron pipe; thence So}•th ' 10' Ea~at 71 .?$ feOt to: AA 'i i on pipe; thence Borth 44' 16 ' Fast 202.68 feet ,Thor tA�� centra<r, 11ne of a drainage ditch to an iron 'p'qe; thence %Drth 0` 3044ht Ci 11.30 feat. to the true point of beginning of this Cr ; . Xi MING .-that portion thereof contained in contract to purchase to; s'�.lbur L. Thoimis and Ardus M. Thome by instrumf�nt recorded in Deed s : Gk 396, page 109, described as follows: " .1 tract of land in the County of Washington, State of Oregon, described Seg1-nni..ng at the 5 t-theast corner of the George Richardson Donation Tadd Claim in Sect l do 35, Township 1 South of Ff x.nge 1 West of the LTi]laizette Xeridiar::; thence South 0' 13' hest 7A.46 Peet. to a point in the center line of Bed Rock RQ*d j • thence NorF'rn 890 47' beet 20.0 fest to a railroad spike marking the intersecti,,).n of the Westerly right of way line -�:,f artid Ned Pock Road with this rt.ifhc. ur way line of the present alternate State Highway hu"er y.;-�, of way line; thence following said $tate Highwa,� right or Va _line on 1: e curve to the right havingg a radius of .1462.40 feet (the long chord of wLAch bears South 59' 26' West 244.32 feet) a distance of 244.59 A feet to a inch ironrod met as a State Nighueay right. of-mai► line 'raon- umenz; thence cantinalrig along said right of woo line South 64' 13' West 329.34 feet to an igan pipe; thence continuing South 64' 13' West 8.71 feet to an iron rod net as a State Highwsy r:.ght of way monument; -thence:South ..54 O1' West 250.93 'flet to an iglu pi -marking 'true point ar .b® inning of the tractto bedeacrib*d j 'thence leaving said right. of May li *stand ruru ing Soutb 0* 30, West 395.8 feet to s•n iron rod; thence South 89' 30•,' Fast 144.0 fret; thence North 1' 40' East 287.9 feet; thence Furth 1' 57 ' 30" West 103.0 f•cat.• thence ' North 150 34 ' West 53.0 feet; thence North 43* 43 ' West 43.2 feet to an iron rod net in the aforementioned State HJghway right of way line; thence South 511' Ol ' West 125.0 feet to the trae point of beginning.-----wT . . i I i 1 STATE OF OREGON County of Washington SS Coni"nuulion Shetkpri,orl No -44-A-61r I, Roger�Thoo s akD rector of Records .. J� and Elections and Ex-Officioj�Recorder of Con- veyances for csaid,county;do,Veriti certif that v Y , Y the within�mstcumeiitikof' writing'was received and recorded in tiook«zof•records, No. ofsaid County Witness my,-hand\and ;seal affixed. ZROGER-,4 SSEN, Director of PRecord I & Elections; �<0 ?339 o egs8 k o z,_� 7��3 �„.,� Deputy — �� JNDEXEU Jur�,Zs 10 40 AM '78 i Q S W w Ft( � -- ►-- - , w U.1 - \ H uf-i S W___ 68 th - a S = 69th SW 69 Z D a } Z ~ mS W 7 t hL 77� a _ I. ~ � AVEN A --- -- w \ S W 72nd mss► '` -�- �,�: ��*,�y ..�- � 1 1 '77 h y. S W 74th AV LU i _ Q -� y7 t PL, / 1 ?� w TT--� �- �� 4 7f h _ _ �-