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9014 ~ Gaarde Street ~ 115th Avenue /F 9014 JUN oProject: Gaarde St. Pathway_ r Easement: #1 PEDESTRIAN AND �C LE PATHWAY Deed Reference: B.1O6, 1)..162_ LIMITED USE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Archdiocese of Oregon City hereinafter called grantor, for no consideration other than acceptance of the obligations hereinafter described by the grantee, do hereby give and grant, subject to the terms and provisions hereof, to the City of Tigard, a political subdivision of Washington County in the State of Oregon, hereinafter termed grantee, an easement to construct and maintain as an appurtenance to S.W. Gaarde Street (Ws. Co. Road No. 411)apathway on, over and within the following described lands of the grantors subject to the conditions hereinafter stated: Exhibit "A", attached hereto The rights and easements herein granted are subject to each and all of the • following conditions and limitations and reversions: (1) That the use of the above described area shall be limited to the construction, maintenance and use thereof for a pedestrian and bicycle pathway and for no other public purpose and in the event that the said area shall be improved, utilized, or maintained by the grantee or by any other public body for any other purpose, all rights herein granted shall revert to and revest in grantors, heirs and assigns. (2) That grantor does hereby reserve the right to utilize the said area for all private lawful purposes which do not unreasonably interfere with or are not inconsistent with the uses thereof by the grantee and the public for the purposes herein stated. (3) That if, at any time, grantee or any other public body shall undertake proceed- ings to improve the present S.W. Gaarde Street (Ws. Co. Road No.411and by reason thereof grantee, or any other public body shall seek to acquire from grantors, heirs, or assigns, by negotiation or condemnation right-of-way area additional to il;at heretofore vested in the public with respect to said roadway all rights herein described shall revert to and revest in grantor, heirs and assigns , effective with the initiation of such proceedings and the just compensation to be paid by said grantees or any other public body for such additional right-of-way arca shall be determined as if this instrument had not been executed and to the same extent as if the rights herein described had not been granted. IN WITNESS WHEREOF grantors have executed this instrument for the uses and p n nscs hereinabove set forth. Witness our hands ank,=^seIA^'s,,this 2 7 day of ,l977. • ag '(SEAL) ARc Dtcx.`se: sir fir. LAtAD iN CINE *SEAL -- i-t � (SEAL (SEAL)K (SEAL) (SEAL For a consideration, the mortgage lien on Ka above Yescribed properties is hereby . made subordinate to the easements above granted. Dated this day of , 19 By L� ortg TitleB00KI. OD PAGE Li rvi ) f 9014 STATE OF OREGON ) ss. County of a-LL lt-D-' ) On this A::3 day of C .4LIL , 19 77 , before me appeared $ 1.L L 1 1 . LSCti and .6i-aa `��- -e.. both to me personall known, who being duly sworn, di say that he,(-the said e..$-L. l_k.L..t.Ld A, -a.i is the President, and he, the said I, , 1),1Q,A___o is the Secretary of .t.05-4.1-4:02..- 6,6 _.tiwt4 til-.414 CAL b L .- / the within named Corporation, and that the seal affixed to id instrument is the corporate seal of said Corporation, and that the said instrument was signed andnsealed in behalf f said Corporation by authority of its Board of Directors, and C' -u--� '�A � eA__i and �� . wit,; r.,,,;-4L.t.,15- - ,'A-/ acknowledged said instrument to be the 'free act an. deed of sail. orporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day 11'_ and year last above written. Notary Public for Oregon( y ° My Commission expires 4/9178 ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: "rC ',2/�IG / Q / Mayor f By: /(L)---$1.,, o (///4:7-2., —_— Recorder STATE OF OREGON ) ) ss. County of (.�)usii«,,iicYL_ ) On this rJ day of t/„ /,7 , 19 7 j, before me : ' appeared lc,, /�,,u�., 77 /��is r�7�� and �ci-cs cj%e1.fr yy �______._, both to be personally known who, being duly sworn, did say that Ke, the said >;li,,«, /1 6, ,,4-, is the Mayor, and she, the said -ter o,,.,; ,44,- is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said (0,/(ju,- /7 15,sL;),D and ,.7c; „ S/-4.-Lc acknowledged the said instrument to be the free act and deed of said munici'al corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official scat, this the day and year in this me certificate first w ' tten. r JJ I Notary ublic f r Oregon My Commission Expires: ' `�#' { �” ' 1Od for record 1 28....1. )at ...,A M f,. f ROGER THOMSSEN, Director of Records & Ese.-ror,8 I„ By.................... C�'�... i._.DeEuty yR BOOx u.18G PALE 428 1111110 *10 • • STATE OF OREGON County of Washington SS I, Roger Thomssen, Director of Records and Elections 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 No. of said County \0\\\,) Witness my hand and seal affixed. ROGER THOMSSEN, Director' of Records & Elections / AC .v r Deputy JUL28 91oiN111 9014 EXHIBIT "A" That portion of land in the Southeast quarter of the South- west quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more par- ticularly described as follows: Beginning at a point which lies North 20.00 feet and South 89° 41' West 234.96 feet from the quarter corner on the South line of said Section 3; running thence South 89°41' West 182.82 feet to a point; thence South 9.90 feet to a point; thence North 89°41 ' East 182.82 feet to a point; thence North 9.90 feet to the true point of beginning of this description, C ontaining approximately 0.04 Acres. BV IA 8 / a1 UL 426 10269 IIS O _ -'• 130.77 J 4 6 G I t�5.c•r 14 V/./.64iiiiiiii ffeWl/-'.' �� 339.52 • 170 20 ,It-). S 89425' 20 130 °j S 89° 25' 20' E 75 7s 85 '�+2KA•C 25 1300 a 1000 900 800 - W `` �.. TR.' o '3/4"''' y e 600v. y� ( 9 1,4 N` 19 i xso o —1 �* O v o _ 1400 -;9- I ^ I z s /5 a 5s— 4 0 r. 3 0l 2 00 o S IB \ 24 by • w ° N 89° 25r.275 0 W 7� 0 65,04 i_�/pg \ q5 9�) / 3, \2y FAIRVIEW, LANE tim mti 1500 y a •W 75 `92 ti\pry ° 7s 65,o2 �' SEE MAP 17 so ab* ls.o6 • Q 2300 20 W.J 2900 ti 3000 3100 ~/ \ 2S I 3DC 'S 2200 h M Q _ �� .903 a 3 m 0 A 3 Q M �� / 6. 'S I• O J - 5O M m 41 M 60D 2.20 76 6, Ory `. o-m 10 ,y., z M L 0 0 0 +1 ,, a N 78�5 Nti N 89°25'20"W95Z •*^•� N 89°25.20"W Z . 2 r%i^ 1 M co 0 16 ° 9 02'', vi m W 9 loo Z ° M a° 2182 •\ n,,.F, •8.9i 2400 2� �?o a 5.?, „ 43. V. y f 2100 4, o ti 2800 D . Z t; ; 56 f 4 co M nO °, i �•� ^ .cb 11 8 v i 4 di $ S 89° 37'57"W , 1 CO'lin 5j _ •.98 m E p °9.90 P5.10 25 25 vJ ,7-,_. X04.65 2 N 78°28 4'3 , s. N 72° N 89° 42' E 170 85 1 09 27 n 110.1'3 6 6 y Z5.- 3027 39.73 �1\ 2000 7 a . . 4o�� �o�49 3200 a 2 ; 2500 O aan 2 2700 3 "-' 45 4c N ? 1800 = �� M ; M : m v'O 1900 �s so. 12 N 7 °� m 2600 somas. in$ W m m 4 .' ; n o� N ti 4i• 0 5 8 13 0 = ^� -ti 6 d� M (C.S. No. 6301) o 4 Z s e9°3T572w 4INITIA PT oR(GS. No. 13594) 70 z N ,,,,, '' N S 89°42 W 170 S WEST 25 3/10 RODS , CO S 89°41' W 398.9 u7 M 3400 33 00 z cr /.5/Ac. 3.584c. .. r o (C S. No. 5544) " � � o 0 0 in Ch ro r ARCHDIOCESE OF OREGON CITY 0 M M (St. Anthony's Cemetery) ro C S Na 5539) ( IN 108 162 (1/ .e..145) m I _ a o S.W. W O W (CS. No. 9163) (CS. No.13,198) N •\ VIEWMOUNT 11,- ,�E Z 0 N F No. 13,198) z o (C.S .No. 5540) z P4'THMIR Y EASEMENT N 89° 41' E 403.6 EAST 25 3/10 RODS 1/4 COR. 2 •,'• 25 ‘..***3:, 0 8r `, ,; �','3 :• 'e 5' 4 234.96 N GAIARDE - z 162.82 FIELD NOrES STREET -- I ml BEG. Co. Rd. No. 411 N 't�;•'.. 0-7 I J L> > Li � 1=1,!Y.22 F. ...l 6 V f : f' ''� .--N2S I 3CD , CITY OF TIG^•P ` c- BOOK 1186 PALE 427