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8314 �F 8 314 RECORDABLE COVENANT �bft4gkW) Q> ) (lessee ) The undersigned (14�Wf tX)M �Wf (strike inapplicable designation) jointly and severally (if more than one person) of those certain real premises in the City of Tigard, County of Washington, State of Oregon, described as follows: Beginning at the intersection of the South line of S.W. McDonald Street with the Southeasterly line of that certain tract of land conveyed to the State of Oregon by deed recorded June 13, 1931 , in Book 147, at page 219, Washington County Deed Records, which line is the Southeasterly line of theWest Side Pacific Highway; thence South 330 57' West along said Southeasterly line a distance of .160 .feet; thence South 640 18' East a distance of 113 feet; thence Northeasterly to 'a point on the South line of S.W. McDonald Street which is East 125 .feet from the place of beginning; thence West along the South line of said McDonald Street 125 feet o the place of beginnin n consideration of the approval by the City of the undersigned's request for authorization to install the following described sign structure, to-Wit: 20' sign column holding Union's Rotating Sphere Sign, Price Sign, S&H Stamp Sign, and two area lights on 8' arms . Diameter of sphere sign, 7' 6". Structure to be on a base extending 18'' above grade. Total height 29' 12'' within a special setback area on said premises heretofore established pursuant to the zoning ordinances of the City of Tigard,. do hereby covenant to and with the City of Tigard, as follows: (1) That in the event any public -improvement is planned to be constructed within the set-back area established by the City's zoning ordinances on the above premises upon sixty (60) days prior written notice from the Building Official of the City, the under- signed agree to remove the said sign structure from within the said set-back area; (2) That if such removal be not accomplished by the under- signed within ten (10) days after receipt of such notice," the `City of Tigard shall have the right and is hereby authorized to remove the said sign structure from within the said set-back area and to docket a lien against such premises in the amount of the'`reasohable expenses incurred by the City in such removal and care of the sign-'structure and such lien shall be subject to foreclosure in the same manner as by law provided for foreclosure of- public improvement liens as set forth in Oregon Revised Statutes; BOOK 868 PAGE 2511. 1 _V r r 8311 (3) That no claim, 'demand or liability of any bind or character shall arise against the City or any official or employee thereof by reason of the removal of said sign structure or any por- tion thereof in accordance herewith and the undersigned does hereby waive and renounce all claims and demands for damages or compensa- tion on account of such removal, (4) That the City of Tigard is hereby authorized, ` at its discretion, to cause to have this covenant recorded in the Deed Records of Washington County, Oregon, for the purpose of giving notice to all persons of the requirements hereof. (5) The foregoing is subject to the express proviso that nothing herein contained shall be construed to deny or impair the rights of proper parties to receive just compensation as provided by law from the exercise of eminent domain by any public body, and further provided that the removal of said sign structure or any portion thereof as hereby authorised, shall not entitle any person or party to damages or compensation within the meaning of consti- tutional and statutory provisions relating to the power .of eminent domain and all claims by reason thereof are hereby waived. (6) It is further covenanted and agreed that the obligations hereof and the rights herein set forth shall run with the land and shall be binding upon the undersigned parties, personal represen- tatives, devisees, heirs, successors and assigns, Dated this loth day of May e 1972, UNION 76 DIVISION UNION OIL COMPANY OF CALIFORNIA By Manager, Operations &•.Services' (Signatures of all parties at interest should be affixed and acknowledged) L �r ROOK �6� PAGE 252 L 5el 7 STATE OF OREGON County of Washington ss I� I, Roger Thomssen„.Director of Records and Elections and Ex-Officio'-Recorder of Con- veyances for said'county;`clo hereby certify that the- within -.�instrument,,'of writing was I received and recorded•in-book"',ofe'records No. _.. :... .. ty of said Coun - I } Witness my _hand and seal:','-affixed., I r ROGER=THOMSSEN,;Director of Records &:Elections _Deputy I MAY 11 8 47 AH o� f "614 a ,'S ,Z3 �, 0. ' STATE OF OREGON 8314 May-.10, 1972, Multnomah ss o County of Personally appeared W. M. Shreve, Manager, Operations & Services of Union 0 i 1 Company of Ca j i forn i a and acknowledged the foregoing instrument to be (ike*►) (his) voluntary act and deed. •� is Before me: �; r, o ary Pu c or regon X77:':. "•,, My Comoro Empires: Zfr �7 APPRO e y �=a.� Bfi�d fo:aoesd...:..:...,.......»»......»19........:n1.........A.M.Edi. P=EA TUOMSSEN, Dltectos of Asowde & Elections�In ' —Bi ng Of c a C y ® gar Hs .... ._... . .......».. .. ..... ........................DePuy BOOK PAGE 253 I,'- .. I--,...:...�.... ,,:-,,...-,�,--�"-.....1.. .-.�.�­. I-1..,v.�„ ;1 _ . • } - - / _ ' .. '} T t - . 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