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2019-079658 ~ 11123 SW 68th Parkway Washington County,Oregon 2019-079658 11/06/2019 12:55:54 PM RETURN RECORDED DOCUMENT TO: D-E Cnt=2 Stn=31 RECORDS1 CITY HALL RECORDS DEPARTMENT $20.00$5.00$5.00 411.00$60.00-Total=$101.00 CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 02536064201900796580040045 I,Richard Hobernicht,Director of Assessment and a:o CORPORATION RPC Tigard 68,LLC,a Delaware limited liability company County and Ex-Officio nbo tartly that for Wwashington ngton 2101 Cedar Springs Road,Suite 1600,Dallas,Texas 75201 Instrument of writing was received ay re orded In the J '! 1, book of records of said soupy,. , . •.;‘,, , Richard Hobernlcht,Directororof Assessment and ''••,Z;.1sd'F File No. CUP2016-00002 Taxation,Ex-Officio County Clerk EASEMENT BIKEWAY AND PEDESTRIAN WAY Space above reserved for Washington County Recording Information RPC Tigard 68, LLC, a Delaware limited liability company, hereinafter called"Grantor",grants and conveys unto the City of Tigard, Oregon,hereinafter called"Grantee;'a perpetual easement over,across,and under the land and real property located at Tax Lot 2400 Tax Map 1 S 1 36DA and described in the attached Exhibit"A"and Exhibit"B"(the"Easement Tract")for a bicycle way and pedestrian way (the"Bicycle Path"),which may be used by pedestrians and non-motorized mechanical means of transportation,such as bicycles,and for no other purposes. Grantee shall have the right to place, construct, operate, replace, maintain, inspect, reconstruct, install necessary improvements,and in connection therewith,remove any trees,shrubs,or brush necessary or convenient to accomplish said purposes. In the event that Grantee shall construct the Bicycle Path,such construction shall be performed in a good and workmanlike manner,and Grantee shall promptly repair any damage caused by Grantee's construction. After Grantee's construction of the Bicycle Path, Grantee shall be responsible,at Grantee's sole cost and expense, for the maintenance, including the removal of all trash and debris,and repair of the Bicycle Path. Promptly after the construction of the Bicycle Path,(a)Grantee,at Grantee's expense,shall cause a survey of the Bicycle Path(the"Survey") to be performed,and(b)Grantor and Grantee shall execute an amendment and restatement of this Easement substituting the legal description of the Bicycle Path contained in the Survey for Exhibit"A"and Exhibit"B"that are attached to this Easement. THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this Easement does not convey any right,title,or interest except those expressly stated in this Easement, nor otherwise prevent Grantor from the full use and dominion thereover;provided,however,that such use shall not interfere with the uses and purposes of the intent of this Easement. IN CONSIDERATION of the premises,Grantee agrees that if Grantee, its successors or assigns,should cause the Easement Tract to be vacated,the right of Grantee in the Easement Tract will be forfeited and shall immediately revert to Grantor and its successors and assigns. TO HAVE AND TO HOLD the above-described and granted premises unto Grantee,its successors,and assigns,forever. EXECUTED this 541 day oftt2ernt� t "1 RPC Tigard 68.LLC.a Delaware limited liability company By: A ,/ Greg Bat 7101 Cedar Springs Road.Suite 1600 Manager Dallas,Texas 75201 G:\LEGAL\WORD\10000\10010131900\31900m.docx RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 STATE OF TEXAS ) )ss. COUNTY OF DALLAS ) NDvett� L'^ This instrument was acknowledged before me on Heeember S 30t9,by Greg Bates as Manager of RPC Tigard 68,LLC,a Delaware limited liability company. \++P FUEl11 ``� 41t-- (11/4. '* • ^�1 N= Notary's Signature ,,,,%91.„4„)F OF 4e--6 � %.,v�. •.!tY ID,•.•'11.1"$: My Commission Expires: a'yf fSIES 02%10\ ' u11n+++++ pAccepted on behalf of the City of Tigard this day of AJGA,tit.r ,2019 NO CHANGE IN TAX STATEMENT ngmeer I, 2 G:\LEGAL\WORD110000\10010\31900\31900m.docx • AMMOAKS ENGINEERING&FORESTRY,LIC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#5077 P:(503)563.6151 F:(503)563-6152 ENGEM/MINS Ek"ASSERT OFFICES IN:TUAIATIN,OR- VANCOUVER,WA-SALEM-KEIZER,OR EXHIBIT A Bikeway and Pedestrian Access Easement A tract of land located in the Southeast One-Quarter of Section 36,Township 1 South,Range 1 West,Willamette Meridian,City of Tigard,Washington County, Oregon and being more particularly described as follows: Beginning at the southwest corner of Lot 1 of the Plat of"Way Lee",thence along the west line of said Lot 1,North 01°24'11"East 356.17 feet;thence leaving said west line, South 88°34'38" East 286.45 feet to the westerly right-of-way line of SW 68th Parkway(35.00 feet from centerline);thence along said westerly right-of-way line,South 01°38'38"West 155.94 feet to a point of curvature;thence along a curve to the left with a Radius of 405.00 feet,Delta of 30°22'22", Length of 214.69 feet,and a Chord of South 13°32'33"East 212.19 feet to the northerly line of Document number 87-061374;thence along said northerly line,North 88°17'42"West 10.56 feet to an angle point;thence North 01°39'10"East 1.16 feet to the south line of said Lot 1;thence along said south line,North 87°57'41"West 329.98 feet to the Point of Beginning. The above described tract of land contains 2.43 acres,more or less. 04/26/2017 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 12, 2016 MlcHAa S. KAUNA 7. 89558PL5 RENEWS: 6/30/I . I EXHIBIT B A TRACT OF LAND LOCATED IN THE SE 1 /4 OF SEC. 36, T1 S, R1 W, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON DOC. NO. 87-061376 S87'4( 255.46' N O N g W 35, 301 N 1 ;7 M Oa 1 Q Z Ey "QIP POR110N 1 QJ N i QFLOT 1 ?� w r, R DOC. NO. 11_5 Q = o D. o ,6 d� _ . o S8814'38"E 286.45' 1 f /o0� UO-N ICD ;7 B 1 AREA: N 0 2.43 P ACRES± / \ N1 z \ Mr Cl L=214.69' 1 POINT OF BEGINNING SW CORNER LOT 1 OF "WAY LEE" SCALE: "1"=100 FEET 35 \ MI N87 57'41"W 329.98' Il III 100 0 40 60 80 100 04/25/2017 DOC. NO. N0119'10"E 1.16' REGISTERED 87-061374 N8817'42"W 10.56'— \ PREPARED FOR PROFESSIONAL RPC TIGARD 68 LAND SURVEYOR 2101 CEDAR SPRINGS ROAD, STE 1600 DALLAS, TX 75201 BIKEWAY AND PEDESTRIAN ACCESS EASEMENT EXHIBIT L OREGON B JANUARY 12, 2016 AKS ENGINEERING & FORESTRY, LLC aRwN. MSK MICHAEL S. KALINA 12965 SW HERMAN RD, STE 100 AK CHKO: MSK 89558PLS TUALAIIN, OR 97062 AKS Jos: RENEWS: 6/30/17 P:503.563.6151 F:503.563.6152 aks—eng.com 5077