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92-010467 ~ Coral Street ~ Greenburg Road 9201046? Washington County EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the City of Tigard, a municipal corporation ("Grantor") in consideration of the sum of $1. 00 and other property or value given which is part of the consideration, conveys to Progress Graphics, Inc. , an Oregon corporation ("Grantee") a perpetual easement over and along the full width and length of the premises described as follows, to wit: 1. Legal description is set forth in Exhibit "A" attached hereto, and incorporated by reference herein; and 2 . A map of the above legal description is set forth in Exhibit "B" and incorporated by reference herein. The terms, covenants, and conditions of the easement are as follows: 1. The easement shall be for the right, privilege, and authority, of Grantee to construct and install improvements approved in City of Tigard Community Development file No. SDR 91-0011. 2 . In the event the easement is not used by Grantee for a period of three (3) years or is abandoned by Grantee, then it shall revert back to the Grantor, its successors and/or assigns, and Grantee shall upon request execute a recordable document evidencing such reversion. 3 . Grantee shall defend, indemnify and hold harmless Grantor, its successors and/or assigns, from loss, claims or liability of any nature, including injury to person or property, arising in any manner out of use of the easement by Grantee, its agents, employees or subcontractors. Grantee assumes all risk arising out of its use of the easement and Grantor shall have no liability to Grantee or others from any condition existing thereon. 4 . Grantee, upon the initial installation, and upon each and every occasion that the same be repaired, replaced, renewed, added to, or removed, shall restore the premises of the Grantor, and any improvements disturbed by Grantee, to as good condition as they were prior to any such work, including, but not limited to, the restoration of any topsoil, lawn, and nursery stock of like kind and quality, subject to reasonable substitution as may be necessitated by obstruction or interference with the use granted herein. Grantee further agrees to maintain the easement at its expense. 1 - EASEMENT RETURN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD PO BOX 23397 TIGARD OR 97223 5. This easement is revocable by Grantor upon written notice delivered to Grantee at the following address: Progress Graphics, Inc. c/o Robert F. Blackmore Dunn, Carney, Allen, Higgins & Tongue 851 S.W. Sixth Avenue Portland, Oregon 97204 6. Within 180 days after the date of written notice of revocation, the Grantee shall remove all improvements within the premises described in Exhibit "A, " and restore the premises to its original condition subject to satisfaction of Grantor. 7. This easement is granted subject to all prior easements or encumbrances of record. 8. Grantee acknowledges that any improvements made in this easement are made at Grantee's risk and removal of said improvements shall be at Grantee's cost. 9. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. IN WITNESS WHEREOF, the unde signed Grantor has executed this easement, this day of � , ,:<<,,.�-��,. 1992 . CITY OF TIGARD, a municipal corporation /i Grantor -742-" / e - , Or 2 - EASEMENT 2 STATE OF OREGON ) County of `Vf/,,1;;� __ v ) ss. On this I day of r,. �} eared noltary public din and for said`- ounty and State, personally ap before, 1992, me, a t , ' ` ' k, , ` tl ``` known to me to be the person whose name subscribed to 'the within instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year above written. ( t t_( .� 1 �', , ! Ls it i ,i t�t ( I (NOTARIAL SEAL) NOTARY PUBLIC OF OREGO1 My Commission expires: 5) ` /fit- APPROVED AS TO FO THIS C�i Clt'_SEAL (,- DAY OF r, , 1992 . 3z OTARY i1;E►'�F;:ATIEY _.•." ( NOTARY PUBLIC-OREGON COMMISSION NO.006060 MY COMMISSION EXPIRES MAY 10,1995 `.fit •_1 t..<-1.-••^ . •thy V. Ramis, City Attorney City of Tigard, Oregon APPROVED AS TO LEGAL DESCRIPTION THIS 7,4i DAY OF Leh. , 1992 ‘72,16/defeatAP-47- r City Engineer City of Tigard, Oregon ATTESTED TO: 6-,...,,t., , City L2ecorder Date: 3 - EASEMENT 3 • EXHIBIT "A" • A 5 foot strip along the north line of Lot 6 , Block C , LEHMAN ACRE TRACTS , in the City of Tigard, County of Washington, State of Oregon, described as follows : beginning at a point which is the northwest corner of said lot ; thence northerly a distance of 5 feet to a point ; thence easterly and parallel with the north line of said lot to a point which is 5 feet north of an extension of the east lot line of said lot ; thence southerly a distance of 5 feet to a point which is the northeast corner of said lot ; thence westerly along the north lot line of said lot to the point of beginning. • • LI . . . . , ,... ,• SKETCH. SHOWING r BUI LD I NG ' ENCROACHMENT W. D . • AND ASSOCIAVNS I C. - ---b-S • . ENG I NEEA S SURVEYOR 4230 N.E' FREMONT ST. • ‘ PORTLANDORVON 97213 .. PHONE s ( 503 284-5896 .1 ..., RESOLVED: R.M. DRAWN: R.T. REGISTERED 91-246 PROFESSIONAL in cv LAND SURVEYOR • • ae.e.0.tifre?Ca.,Wa . I OREGON Cr LI,J JULY 18,1980 0 71Z IL DAVID W. MILLS z (...) 01915 . co NOTE: BASED ON C5-11417 NO LIM!)ILITT TAKt4 FOR ACCURACT OF SAID SURVET. _ - • . \ • A 14 0 • GO' SW CORAL ST . . . . , rzl Cr4 4e,:.),;-4-•*r*'4'•:4`;••:7;:- i•n 16MFTE: ti i obiZsa.:.."K:A:•4 A....:::::•:,c.f,hz;::t.:-:::*.:.•:.*A:4' :fts:...7- :4C:4-.5 P..111 4 :,••;,;,..:',...:•.4 • .;1_,:.,..,,,•-t.• ..,_ _ • _...,. , ._ . . _.,.....„ . .. _ . — —4.5.— 1 — - 5' I PROPOSED 5' EASEMENT f ..-7,,,,,,,,, ;,./5. T lit 1 u) TAX LOT 4601 BUILDING MAP 15 I 26 DC (PROGRESS'GRAPHICS) STATE OF OREGON i County of Washington 1 SS • I,Jerry R.Hanson,Director of Assessment and Taxation and Ex-Officio Recorder of Con- , veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk —„ Dor