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8644 RECORDABLE COVENANT .n�rer The undersigned �occupanti own ..-er of sign (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: See Attached Exhibit "A" in consideration of the approval by the City of the undersigned's request for authorization to install the following described sign structure, to-wit: fi9� D"hVF 4' �i�� Sic t4S kczwi2 r-r�� 6 N�— 6 /O '60770 ,. 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 reasonable 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 O PAGE 1.53 1 8644 (3) That no claim, demand or liability of any kind 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 authorized, 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 assignsp Dated this day of 197 (Signatures of all parties at interest should be affixed and acknowledged) BOOK 852 PAGE x.54 8644 STATE OF OREGON 1.972,s, sso County of Washington Personally appeared &,"s `CCL,.— - /[ana act: L euec&/ ra Le Uie, and acImowledged the foregoing instrument to be ( (his) voluntary act and deed. Before me: . I A R o ary Public foi, Oregon My Comma Expires: -7, - APPROVED: Builaing Official i g o T ga BOOK 852 PAGE 15D 8644 EXHIBIT "A" Beginning at the re-entrant corner of the West line of the George Richardson DLC (No. 55) in Section 36, T 1 S; R 1 W, W.M. , in Washington County, Oregon, marked by a 3/8th inch gale. iron pipe, said corner being in the West boundary of said section, and further defined as a point 20 - chains South from the Quarter section point (not found) on the West section line; thence S. 860 17 ' E. 634. 31 feet.. (recorded 634.26 ft. ) to a point marked by an old 1/2 inch iron pipe, which point is in the West boundary of the prop- erty herein described; thence S. 130 21 1/7 ' E. 478.19 feet (recorded bearing S. 13 20 ' E.) to a point in the North boundary of the right-of-way of Pacific Highway 99 W, said point being marked by an old iron pipe, 60 ft. normal to the nominal centerline of highway; this point being the true point of beginning of the property described: Thence N. 130 21 1/? ' W. 920. 30 feet (recorded bearing N. 130 20 ' W) to a point in the South boundary of right-of-way Pfaffle County Road, 25 feet, normal from centerline of right of way, said point being marked by an old iron pipe; thence S. 890 22 1/2 ' E. 431.98 feet (recorded S. 890 28' E. 432.07 ft.) along the South boundary of Pfaffle Road, to a point marked by a 1/2 inch. gale. iron pipe; thence S. 130 24 1/21. E. 694..75 feet (record bearing S. 130 20 ' E.) to a point in the North boundary of right-of-way of Pacific Highway 99 W, 70 feet normal to the nominal center- line, said point being marked by an iron bar; thence following the North boundary of said right-of-way to the true point of beginning,. in a series • of curves and straight lines, described as follows : Southwesterly, parallel to, and 70 feet normal to the nominal centerline of the highway which at this portion is a 1/20 curve to the right, a chordal distance of 161.34 feet, said chord bears S. 610 14 1/2. ' W. said curve being a an arc of radius 11389.2 feet, to a point marked by an iron bar and post marked SHRW. PCS 50-75.8 (state highway right— of-way, point of spiral curve, engineer's station 5075.8 feet) ; thence continuing on a constantly increasing radius, parallel to highway centerline which .at this portion is a standard Oregon State Highway Department Spiral Curve, PAGE 8$44 a choral length of 123.59 feet, said chord bearing S. 610 43 1/2 ' W. , to a point marked by an iron bar and post imprinted SHRW, 52-00 (State Highway-. rightm of-way, Engineer Station 5200 ft,) ; thence on a straight course to the left and normal to the last described course, approx- imately perpendicular to the centerline of highway, 10.04 feet, bearing S. 280 9 1/2 ' E. to a point 60 feet from said centerline, marked by an iron bar and post with same imprinting as previous post; thence on a spiral curved line to the right, normal to the last described course, parallel to and 60 feet distant from the nominal centerline of highway, a chordal distance 125.08 feet, said chord bearing S. 620 8 1/2 ' W. to a point opposite a brass mon- ument in the centerline of highway which is end of spiral curve and point of tangent, Engineer's Station 53-25.8; thence on a straight line bearing S. 620 11 1/2 ' W. 27.0 feet to the true point of beginning; BEING the same premises conveyed_ to Massachusetts Mutual Life Insurance Company by deed recorded January 3, 1956 in Book 377 of Records of Deeds at. page 253, Washington County, Oregon; EXCEPTING therefrom the parcel conveyed to the State of Oregon by deed recorded May 24, 1963 in Book 487 of Records of Deeds at page 455, Washington County, Oregon. i STATE OF OREGON I ss County of Washington I, Roger Thomssen Director„ of Records and Elections and Ex-Officio Recorder of Con i- r veyonces for said: county " do hereby certify that the -within' in.frument: ofn"writing was received, k of `records ----- received_and recor e of said County Witness my'hand and seat,offized. ROGER THOMSSEN, Director of Records & Election�C �� 38 AH 2 �� 1 Deputy Beginning at the re-entrant corner of ti•- 'Jest line of O the Geor!;e Richardson DLC (No. 55) in ° m 36, T 1 S., R 1 W, W.M.,.-in Washington County, i,.. .,;on, marked Q by a 3,8th inch eaiv. iron pipe, said corner being in the West boundary of said section, and farther defined as a no-int 20 chains South from the Quarter section paint (not found) on tile West section line; thence S. U 660 17' E. 634.31 feet. (recorded 634.26 ft.) to a r, point mark.ed by an old 1%2 inch iron pine, which noint V is in the West boundary of the property herein des- cribed; thence S. 130 21 1/2' E. 478.19 feet (recorded m bearing S. 130 20' E.) to a point in the North boundary ( of ti.e ri,;ht of way of Pacific Highway 99 W, said point being marked by an old iron. pine, 60. ft. normal to the l^ nominal centerline of highway; this point being the true V1 point of beginning of the property described: Thence N. 130 21 1/2' W. 920.30 feet (recorded bearing N. 130 20' W) to a point in the South boundary of right of way Pfaffle County Road, 25'feet, normal from center- line of right of way, said point being marked by an old i.ron.pipe; thence S. 890 22 1/2' E. 431.98 feet (recorded S. 890 28' E. 432.U7 ft.) along the South boundary of Pfaff'_e Road, to a ;:pint mar!:ed by a 1/2 inch. galv. iron nice; thence S. 130 24 1/2' E. 694.75 feet (recorded bear-ing S. 130 20' E.) to a point_in the North boundary of right of way of Pacific Highway 99 W, 70 feet normal to the nominal centerline, said point being marked by an iron bar; thence following the North boundary of said right of way' to the true point of beginning, in a series of curves and straight lines, described as follows: Southwesterly, parallel to, and 70 feet normal to the nominal centerline of the highway which at this portion N is a 120 curve to the right, a chordal distance of v 161.34-feet, said chord 'bears S. 610'14 1/2' W. said Mbeing an arc of radius 11389.2 feet, to a point marked by an iron bar and post marked SHRW. PCS 50-75.8 (state highway right of way, point of spiral curve, engineer's station 5075.8 feet); thence continuing on a constantly increasing radius, parallel to highway center- line which at this portion is a standard Oregon State Highway Department Spiral Curve, a chordal length of Q 123.59 feet, said chord bearing S. 610 43 1/2' W., to a point Parked by an iron bar and post imprinted Siff2W, 52-00 (State Highway right of way, Enrineer Station j200 ft.); thence on a straight course to the left and normal to the last described course, approximately perpendicular to the centerline of hiph•,my, 10.04 feet, bearing S. 280 9 1/2' E. to a.point 60 feet from said centerline, marked by an iron bar and post with same imprinting as previous post; thence on a spiral curled line to the right, normal to the last described course, uarallel to and 60 feet distant from the nominal centerline 0f highway, a chordal distance 125.08 feet, said chord bearing S. 620 8 1/2' W. to a point opposite 4 a brass monument in the centerline of hig;nray which is end of spiral curve and point of tangent, Engineer's Station 53-25.8; thence on a straight line bearing S. 620 h 11 1/2' W. 27.0 feet.to the true point of beginning; V 3 BEING the same premises conveyed to Massachusetts Mutual Life Insurance Company.by deed recorded January 3, 1956 in Book 377 of Records of Deeds at page 253, Washington County, Oregon; EXCEPTING therefrom the parcel conveyed to the State of Oregon by deed recorded May 24, 1963 in Book 487 of Records of Deeds at page 455, Washington County, Oregon. January. -18, Mr. Rog =;:'Thomsen, -Dire_dtor Elections Department Washington County Courthouse Hillsboro,` Oregon:; 97123. : „r Res Recordable :Sign Cov®Want for tsne�c.a1 Motors Flease: recoid �the enclosed ,sign :cov®Want in .the Washington :County` Deed Records ,- ' .Our, check jto cover costs is attach®d. , . Tliarilc- you ,.for your: assi•stanc® h this matter: Sincerely, Y A tet 'A -• S' • - f `ti r1 . .Doris'jHartg� - f,' r Cf ty x Record®r DIM i lift. z icloilures fA • i5 • .. r .. .