88-15016 ~ Hill Street •
88-15016
*• /- =Same 7111Fshington County
P :/"." 1'9
Page 1 of 2
CORPORATION
BIKEWAY AND PEDESTRIAN WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That
31;'q 'j j'�%� , 117e,.
grantor, for the consideration of
$ O , and other good and valuable consideration, the receipt
CO whereof is acknowledged does hereby give, grant, and convey unto the City of Tigard, a
>‘.. municipal corporation of Washington County, State of Oregon, and unto its assigns,
forever; an easement over, across and under the following described lands and real
(�! property, to-wit:
Se& /.4 714e 40/- / /44
ft
for a bicycle way and pedestrian way, which may be used by pedestrians and
non-motorized mechanical means of transportation, such as bicycles and for no other
purposes, and for said purposes to place, construct, operate, replace, maintain,
inspect, reconstruct and install necessary improvements, and the right to enter upon
such premises for said purposes.
The Grantee shall have the right at any time to enter upon the above described
real property for the purposes hereinabove mentioned, and in connection therewith may
remove any trees, shrubs or brush necessary or convenient to accomplish said purposes.
The Grantors, their heirs, successors, assigns or representatives shall not
construct or maintain any building or other structures upon the above described real
property.
The Grantors do 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.
It is expressly understood that this easement does not convey any right, title or
interest except those expressly stated in this easement, nor otherwise prevent
Grantors from the full use and dominion hereover; provided, however, that such use
shall not interfere with the uses and purposes of the intent of the easement.
In consideration of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of the
Grantee in the above-described easement will be forfeited and shall immediately revert
to the Grantors, their successors and assigns in the case of such event.
It is further expressly understood that this easement shall automatically
extinguish with no further action required by either Grantor or Grantee, if the city
of Tigard fails to complete allbikeway and pedestrian improvements as described as
Exhibit "B" before midnight, September 1; 1983. If the City Lqc. Tigard :ails to timely
make said improvements, the rights of the grantee in this easement shall be automatically
forfeited and shall immediately revert to the Grantors, their Successors and Assigns.
I
•
• SAFECO TITLE INSURANCE COMPANY C 'EGON
HAS RECORED THIS INSTRUMENT Asaroti ACCOM-
ODATION ONLY AND ASSUMES NO LIABILITY FOR
CORPORATION ERRORS OR OMISSIONS HEREIN, NOR DOES Page 2 of 2
SAFECO TITLE REPRESENT THAT IT WILL CREATE g
THE ESTATE OR INTEREST IN REAL PROPERTY
WHICH IT PURPORTS TO CREATE.
IN WITNESS WHEREOF, the undersigned corporation has caused this easement to be
executed by its duly authorized, undersigned officers acting pursuant to resolution of
its Board of Directors.
JAY MILLER BUILDER, INC. , an Oregon
Name of Corpora o ( corporation
By s sAdvs.IV
...
By:
Secretary
STATE OF OREGON )
)ss.
County of Washington)
•
Personally appeared 'JC(,- f1/1J , tto and
who, ea being first duly sworn, did say that the former is
the Rxxx±Ammx president and that the latter is the
secretary of JAY MILLER BUILDER. INC.
, a corporation, and that the seal affixed to the
foregoing instrument is the corporate seal of said corporation and that said
instrument was signed and sealed in behalf of said corporation by authority of its
board of directors; and each of them acknowledged said instrument to be its voluntary
act and 40 ml,,,
VS
(0f£t, ,eal .S94)` I 1 t
f,,,, � No aryPublic for Oregon
=fl My Commission expires: 171 /
h4°'11B8(P.1°1 bNY WHERE. I have hereunto set my hand and seal this 3) day
o f �,r✓(V , 1944
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires:
Approved as to legal description this _3/ day of /M2 4, /
r ' .By: {yj�
•
Title: / l E�:7 er'l/Y 3 '//C/I.
Approved this 3/51 day of tikle4 19Jf
DEPARTMENT e OMMUNITY D EL.,•MENT
! 'Z , '
By:
Title: Gtr y z� eF/'rit)/,k''C/
(RC:bs/0204S)
C
Exhibit "A"
A tract of land located in the southeast quarter of Section 2,
Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,
S
Washington County, Oregon, being described as follows:
Beginning at the most southerly corner of Lot 54, Chelsea Hill
No. 2, a recorded plat, Washington County Plat Records; thence
South 42° 45' 12" East, 5.00 feet; thence North 47° 14' 48" East,
115.08 feet to the northeasterly line of Lot 53, said Chelsea
Hill No. 2; thence North 43° 02' 31" West 10 feet; thence South
47 ° 14' 48" West, 100.0 feet; thence South 58° 32' 15" West,
15.32 feet to the northeasterly right-of-way line of S.W. Hill
Street; thence South 42° 45' 12" East, 8.00 feet to the point of
beginning, containing approximately 1172 square feet.
REGISTERZO
PROFESSIONAL
LAND SURVEYOR
1_,A,,'"'31t.)-„t';,;76(-1,s,
awe y,;
JON 1 EIGION
02252
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D STATE OF OREGON
Caall �. County of Washington SS
- 1111111 �' 1, Donald W. Mason, Director of Assessment
and Taxation and Ex Officio Recorder of Con-
alb& veyances for said county, do hereby certify that
the within instrument of writing was received
5 and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
1988 APR 12 PM 2: 19