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98-135238 ~ 68th Parkway c OF OREGON SS CoTinty of Washington I, Jerry R anson,,Dir r"of Assess- ment andTaxation and E)(4) io County Clerk for said county,do terms certify that the wither instrument watt was received and recorded o'f fiords.of said county `Je y R ti son, Director of __� I sessment"°and Taxation, Ex- OAGO fl "C" io ou t r Clerk Cityof Tigard Doc : 98135238 g Rect: 221472 36. 00 13125 SW Hall 12/01/1988 10: 15:45am Tigard, OR 97223 COVER PAGE FOR RECORDING Name of Transaction: Easement - Permanent Storm Sewer Name of Person (Grantor, Grantee, etc.): Grantors - State of Oregon by & Through PERS Grantee - City of Tigard The True Consideration for this conveyance is: - zero - NO CHANGE IN TAX STATEMENT After recording, return to: City of Tigard Records Division 13125 SW Hall Blvd. Tigard, OR 97223 M^ i100 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT STORM SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon,acting by and through the Public Employes' Retirement System(PERS),hereinafter called the Grantor,grants and conveys unto the City of Tigard,hereinafter called Grantee,a perpetual easement for the maintenance,operation,reconstruction,inspecting,repairing and necessary access for the conveyance of storm water over and through the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described as follows: PROPERTY DESCRIPTION: The property is as described in Westlake Consultants Inc. letter of March 28, 1997, Project No. 560-14-96 and Attachment"A". The storm water originates from two(2)existing catch basins in SW Haines Street through an outlet pipe in an existing drainage easement(Washington County FEE No. 80-022549)on the south side of the PERS property. The storm water will flow from an existing outlet,then across or under the PERS property in a drainage swale and pipe,as shown on the"Record"drawings,thence into an existing city storm water inlet located on the PERS property east of the existing sidewalk along SW 68th Parkway. The inlet(which is not located in a drainage easement)is approximately 280 feet north of the SW Haines Street intersection with S.W. 68th Parkway and connects to an existing storm drain line within S.W. 68th Parkway. THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title or interest,nor any other rights except those expressly provided herein,nor otherwise prevent Grantor from the full use and dominion thereover;provided, however,that such use will not interfere with the uses and purposes of the intent of this easement. Liability;Indemnification. Grantor shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees)arising out of or related to any hazardous substances the Grantee brings onto the Grantor's property,as defined or listed in any applicable federal, state or local law,rule or regulation,or which constitute a public health hazard,as defined by rules of the Oregon State Health Division. Grantor shall indemnify and hold harmless Grantee from and against any and all claims, demands, losses, liabilities and expenses (including attorney fees)arising out of or related to any hazardous substances already present on the property or placed upon the property by Grantor,as defined or listed in any applicable federal state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. Grantee shall repair any adjacent paved areas, landscaping,irrigation systems or buried utilities it damages or destroys during any maintenance,repair or alteration operations it conducts in the use of this easement. TERMINATION, Grantee shall take all necessary steps within a reasonable time period to terminate this agreement if Grantee no longer needs the easement for the adequate and appropriate disposal of storm water in this area. PERS storm drainage easement (Revised 7/97) page 1 Now Memorandum of Termination. At any time after providing written notice pursuant to the above paragraph,Grantor may record a memorandum of termination in the Washington County real estate records. Grantor's signature alone on such memorandum shall be sufficient to effect termination of this easement, however,Grantee shall execute such memorandum if requested by Grantor. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand this a3 TO day of s`p'1 rn,b e r /c q g . ►` GRANTOR: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: �v i d < e.r'1 er �.�.�.ti. .. ._. ..,:. �...-.. ��� Title: be.pvp `h� . i ret r =s' OFFICIAL SEAL o . : CAROL A.WHELAN f Date: q!�l3- NOTARY PUBLIC-OREGON ( �' � COMMISSION NO.052611 (, MY COMMISSION EXPIRES JUNE 11,2000 /, Witness STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on, I f u, ° - . ✓"'i,(' (Date)by r,t i / ),4e ;Y /,4-'/J,, /We—, (name(s)of person(s))as (type of au,thority,e.g. officer,trustee,etc.) -/ Of x_°T- , (Name of party on behalf of whom instrument was executed). ( Notary's Signature My Commission Expires: „y4,.: GRANTEE: - Accepted on behalf of the City of Tigard this 14— Day of O c-1-0 'e-V , 199 Signature: 1L...1,2 P.Name: As-I-�� P • Title: City Engmeer Date: I b/l c•/ 9 8 Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on 10-14---ct ( (Date)by 1.6f 1 K P (name s)of person(s))as (n j rn 1^` (type of authority e.g. officer,trustee,a .) Of 1 �.r (Name arty o behalf .� , ent was executed). e IVO 3 r Notary's Signature My Commission Exp s: 7/7/9-7 NO CHANGE IN TAX STATEMENT 414Y) OFFICIAL SEAL PERS storm3 trf$ DIANE M JELDERKS drainage easement (Revised 7/97) NOTARY PUBLIC-OREGON page 2 �,;;� COMMISSION NO.046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 WESTLAKE CONSULTANTS INC. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 PERS Fax: 503 624-0157 Storm Sewer Easement Project No.: 560-14-96 March 28, 1997 PROPERTY DESCRIPTION A tract of land situate in the Southeast 1/4 of Section 36, T. 1S., R. 1W., Willamette Meridian, Washington County, Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637, recorded August 25, 1989, Washington County Deed Records, being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along said line on a 359.50 foot radius curve to the right through a central angle of 34°37'55", (chord bears South 15°29'21" East, 214.00 feet) a distance of 217.30 feet, to the TRUE POINT OF BEGINNING; thence, leaving said line South 43°14'23" East, 27.52 feet; thence South 46°45'37" West, 13.95 feet; thence South 43°14'23" East 18.45 feet; thence, along the arc of a non-tangent 130.17 foot radius curve to the left, through a central angle of 77°25'40", (chord bears South 4°31'33" East, 162.82), a distance of 175.91 feet to a point of compound curvature; thence, along a 56.17 foot radius curve to the left, through a central angle of 80°08'46", (chord bears South 83°18'46" East, 72.32 feet), a distance of 78.57 feet; thence, South 43°14'23" East, 37.21 feet; ISI Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard,Oregon 97224 4 Page 2 of 2 Sikle Property Description Project No.: 560-I4A-96 thence, along the arc of a non-tangent 209.15 foot radius curve to the left, through a central angle of 15°18'40", (chord bears South 58°16'23" West, 55.72 feet), a distance of 55.89 feet, to a point on the north right of way line of S.W. Haines Street; thence, along said right of way and said right of way of S.W. 68th Parkway the following six courses: North 87°48'53" West, 43.25 feet; thence, along a 268.73 foot radius curve to the left, through a central angle of 4°16'02", (chord bears North 89°56'53" West, 20.01 feet), a distance of 20.01 feet; thence South 87°55'07" West,46.37 feet; thence, along a 46.95 foot radius curve to the right, through a central angle of 123°35'08", (chord bears North 30°17'19" West, 82.75 feet), a distance of 101.27 feet; thence, along a 256.48 foot radius curve to the left, through a central angle of 2°28'01", (chord bears North 32°49'25" West, 11.04 feet), a distance of 11.04 feet; thence, along a 359.50 foot radius curve to the left, through a central angle of 32°09'19", (chord bears North 17°54'17" East, 199.12 feet), a distance of 201.76 feet to the TRUE POINT OF BEGINNING. Contains an area of 0.40 acres, more or less. JEW:3/28/97 h:/admin/560/4/survey/pd56014a.doc/jk < REGIST FZE® PROS ESU NA LAND SUR EinfOR OREGON JULY 25,1990 GARY R. ANDERSON 2434 F M.; w I(L44444.k (z(3, II/ III �z lY `` ,r ,,0, EXHIBIT A PARCEL 1 "KEY PROPERTY" '�OO�‘I/k..t, StV1 . \ , A. = 34'37'55" 0 R = 359.50' L = 217.30' C = 214.00' PE CB = S15'29'2 "W S43'14'23"E 56014EX.DWG cn 27.52' SCALE = 80' e-07-97 V -0 N46'45'37"E A jy 13.95' A = 77'25' 0" ) E R = 130.17' w --< L = 175.91' A = 32'09'19" C = 162.82' R = 359.50' CB = 504'31'33"E L = 201.76' N43'14'23"W C = 199.12' 18.45' CB _ S17-54'17"W , p = 80'08'46" 56 �. R = .17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' s, CB = 583'18'46"E L = 11.04' �� C = 11.04' Q CB = 532'49'25" ' , vj �,i,,, i A = 123'35'08" © = 15'18'40" { 587'55'07"W N87'48'53"W R = 209.15 R = 46.95' L = 55.89' L = 101.27 46.37' 43.25' C = 55.72' C = 82.75' CB = 558'16'23"W CB = 30'17'19"E p = 04'16'02" S W HAINES STREET R = 268.73' L = 20.01' DA" 4-8-97 CB =200,01'N89. '53"W DRAWN BY JEW I4I WESTLAKE CONSULTANTS INC. CHECKED BY GRA ENGINEERING O SURVEYING • PLANNING REVISION 3-27—9 7 PACIFIC CORPORATE CENTER 15115 S.K. SEQUOIA PARKWAY, SUITE 150 JOB N0. 560-14 TIGARD,OREGON 972246 i FAX (503) C24-0157