98-135236 ~ Main Street STATE OF OREGON
ty of Washington SS
I, Jerrye�;qUa r of Assess-
ment and. and It io County
Clerk for ICI, �,� y
ty rtif that
the withrIn>trtttrje� f�tg Was�eceived
After Recording, Return To: and re"rtied;'6 p o d ;of said
county:
ix
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT, A;,1}Jerry f :°-Hanisdr�axbirector of
CITY OF TIGARD -Assessi rent a Tation, Ex-
13125 SW Hall Blvd. ,�+�ty Clerk
Tigard,OR 97223 Doc 98135236
Rect: 221472 41. 00
12/01/1998 10: 15:45am
NO CHANGE IN TAX STATEMENT Space Above I nis
Line for County
Recorder's Use
HIGHWAY GRANT
THIS INSTRUMENT is made this ZO' day of
19 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation, formerly known as Southern Pacific Transportation Company, a Delaware
corporation (the "Grantor') and the CITY OF TIGARD, a municipal corporation of the State
of Oregon (the "Grantee"):
1. Grantor, for and in consideration of the sum of Four Thousand Nine Hundred
Dollars ($4,900.00) and in consideration of the mutual covenants contained herein, hereby
grants to Grantee, its successors and assigns, subject to the conditions herein contained,
the right to use the property located in Tigard, Washington County, Oregon, as described
in Exhibit A, hereto attached and hereby made a part hereof for public highway purposes
only.
2. The Grantor also grants a temporary construction easement on, along and
over the property described in Exhibit B, hereto attached and hereby made a part hereof.
3. The property described in Exhibits A and B is hereinafter collectively
described as the "Property".
4. This grant is subject to (i)the terms and conditions of the separate agreement
between the Grantor and Grantee covering the construction and maintenance of the public
highway, and (ii) all prior and outstanding licenses, leases, easements, restrictions,
conditions, covenants, liens and claims of title which may affect the Property, whether
recorded or unrecorded, and the word "grant" as used herein shall not be construed as a
covenant against the existence of any thereof.
GAA AWADMIPARUWTIGARDAG
/ , 7
5. This grant is made subject to the prior and continuing right and obligation of
Grantor, its successors and assigns, to use all the Property in the performance of its duty
as a common carrier, and there is reserved unto Grantor, its successors and assigns, the
right (consistent with the rights herein granted) to construct, reconstruct, maintain, repair,
use and operate existing and future transportation, communication and pipeline facilities
and appurtenances in, upon, over, under, across and along the Property. Grantor may
move equipment of all types on, along and over the grant area.
6. If the Property, or any portion thereof, shall cease to be needed for public
highway purposes, then and in that event, the rights herein granted shall, as to such
portion(s)thereupon cease and terminate and Grantor, its successors and assigns, shall
resume possession thereof of such portion(s) of the Property. In such circumstances, the
Grantee, if so requested by Grantor, shall execute and deliver to Grantor a quitclaim and
release document in recordable form that releases the grant of rights contained herein.
IN WITNESS WHEREOF,the Grantor and Grantee have each duly executed
this instrument as of the date first herein written.
Attest: UNION PACIFIC RAILROAD COMPANY
t Bye-
Assistant cretary Title: Assistant Vice President
r: CITY OF TIGARD, OREGON
By
Title: C.�' ..1 ►nc�✓'
F( ;., F.
G:LLAWAMPAM MUMARDAG 2 C
ApPr ved as to form:
V ss R C �'
ACK NOW D MENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On thisaZ55ay of , 192P, bef re me, a Nota Public in
and for aid C unty
rd State, persona appeared
and ever whoarethe V, ,e-.,; i, ,
and the Assis nt Secretary, respectively, of Union Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
UMNOTARtl�hte of Nebraska
C.J.CHRISTENSEN Notary Public
Aly Comm.Exp.Oct.13.1999 ..
(Seal)
G1AWADWMWMUTIGAR0.HG 3 3
ACKNOWLEDGMENT
STATE OF OREGON )
) ss.
COUNTY OF WASHINGTON )
On this_1�day of )1140', 19 ,5�9 , before me, a Notary Public in
and for said County and State, person Ily appeared _�su3A - ' lbaet�
who is the 0 e "IILU� of th16 City of Tigard, Oregon, a
municipal corporatlo6 of th6 State of Oregon, and who is personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to in the within instrument, and acknowledged to me that he/she executed the
same in his/her authorized capacity, and that by his/her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary lic
(Seal)
OFFICIAL SEAL
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO.046142
MY COMMISSION EXPIRES SEPTEMBER 07,1999
GA AWADMIPARUMUTIGARI)MG 4 4
EXHIBIT A
LEGAL DESCRIPTION
FOR
RIGHT OF WAY DEDICATION
A tract of land located in the Northeast one-quarter of Section 12, Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described
as follows:
That portion of the Union Pacific Railroad Company right of way lying between lines
parallel with and 50.00 feet distant northerly and southerly (as measured at right angles)
of the following described center line.
Beginning at a 5/8" iron rod set at the northwest corner of Wilson Acres noted as station
10+00 as shown on survey number 20387 in the Washington County Survey Records;
thence N 89°03' 18" E a distance of 181.26 feet to an iron rod; thence S 71 ° 33' 13" E a
distance of 131.61 feet to an iron rod; thence N 860 42' 10" E a distance of 92.90 feet to
an iron rod; thence n 750 18' 42" E a distance of 52.86 feet to an iron rod; thence N 88°
45'17" E a distance of 203.84 feet to an iron rod; thence S 880 42' 32" E a distance of
1962.41 feet to a rail road spike in the bridge over Fanno Creek; thence S 89° 24' 53" E
1335.01 feet to a brass cap in a monument box.
Containing 6,541 square feet.
GALLAWADMIPAM MUTIGARDMG
EXHIBIT B
LEGAL DESCRIPTION
FOR
CONSTRUCTION EASEMENT
A tract of land located in the Northeast one-quarter of Section 12, Township 2 South,
Range 1 West,Willamette meridian, City of Tigard, Washington County, Oregon, described
as follows:
Commencing at the Northeast corner of that property deeded to National Safety Co. in Fee
No. 78-6895 of the Washington County Deed Records, being on the Southerly right-of-way
of Bonita Road 40.00 feet wide and the westerly right-of-way of the Union Pacific Railroad
Company; thence S 16° 06' 18" E, along said westerly right of way a distance of 31.32 feet
to the True Point of Beginning; thence S 890 24' 53" E, parallel with and 50.00 feet
distance, measured at right angles, from the centerline of Bonita Road, a distance of 35.12
feet; thence S 170 01' 07" E a distance of 36.57 feet; thence S 75° 30' 00" W a distance
of 34.24 feet to the westerly right of way of the Union Pacific Railroad Company; thence
N 160 06' 18" W, along said right of way, a distance of 45.69 feet to the true point of
beginning.
Containing 1,394 sq. ft.
G:UAWAMPARV MUTIGARDAG
MCI
p T&T
�1 T __ _................... I ---- _._
I
�Y
-..._...__-__._
- .... ..
PROPOSED CURB
AND SIDEWALK
EXISTING PAVEMENT
- - 1
- 1
F- \
SOUTHERN PACIFIC RAILROAD RR
PE MANENT SLOPE/CONSTRUCTION EASEMENT NEEDED _ -
' TOTAL AR A = 1394 SF