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Correspondence C. THOMAS DAVIS Attorney at Law y 9 6 .. c 12220 SW First Street • 64 Beaverton, Oregon 97005 406% **/. Tel: (503) 644-9009 L r 1g Fax: (503) 644-900/p:4 ' O'er , �6 ctd@davislawfirni.net ii-?. G i August 2, 2006 Albert Shields -/-2/.1L-/-2005-6(31° S 2 City of Tigard 13125 SW Hall Blvd. ' C 2. - l cln 3 Tigard, OR 97223 - .1vGCtG ( ta' RE: Recorded Easement 11670 SW Pacific Hwy in favor of 11674 Dear Mr. Shields: Thank you for your fax of Tuesday, July 25, 2006. Enclosed please find a copy of the Sewer Easement Agreement recorded on March 3, 2006. tfrl Thank you for your courtesies. Very truly yours, d' D 1r/1/2- 1/11* C. Tho a Davis ctd:kcd enclosures Oftitilit//I h Was an County, Oregon 2005- 022534 03/04 — J05 02:35:30 PM p{ Cnto1 Stna11 C WHITE $30.00 $8.00 $11.00 • Total a $47.00 After recording, return to: 1111111 111111 11111 1111111 1 1 007352822005002253400 C. Thomas Davis I, Jerry Hanson, Director of A ment and Taxation r a and Ex- Officio County Clerk for Washington County, :� 12220 SW First Street Oregon, do hereby certify that the within Instrument of writing wan received and recorded In the book of Beaverton OR 97005 mord said county. (rector ssesement and Taxation, O 0 Ex -Officio County Clerk Until a change is requested, � D ' v3 all tax statements shall be (( S e © Y � t - sent to the following address: c-1#41,,/° �� li#■ff As is on record to,/// Ctry AUG 07 100 SEWER EASEMENT AGREEMENT ° r oAr For valuable and mutual consideration, receipt of which is hereby acknowledged, C. THOMAS DAVIS, TRUSTEE, DOUGHTY FAMILY TRUST, DATED MAY 17, 2004, Grantor, owner of the property herein commonly known as 11670 SW Pacific Highway, Tigard, Oregon, and legally described on the attached Exhibit A, hereby conveys to C. . THOMAS DAVIS, TRUSTEE, DOUGHTY FAMILY TRUST, DATED MAY 17, 2004, owner of the property herein commonly known as 11674 SW Pacific Highway, Tigard, Oregon, and legally described on the attached Exhibit B, Grantee, a perpetual non - exclusive easement across the property of Grantor, said easement being more - particularly described on the attached Exhibit C, subject to the following terms and conditions, to wit: 1. Grantee, its agents, independent contractors, invitees and assigns, shall use the easement for purposes of sewer line installation and maintenance. 1 SEWER EASEMENT AGREEMENT 1mb.e. doughty. std.pizza.easement. sewer] ti •r: • 1111111 IIIIIIIIIII 11111 1► 2005 -22534 2. . Grantor shall have the right to use the property granted herein for any and all lawful purposes. 3. Grantor and Grantee shall cooperate with each 'other so as to cause no interference with the use of the easement. 4. This easement is perpetual and is appurtenant to the property of Grantor. 5. Grantee shall pay all necessary costs incurred in maintaining the sewer line within the easement and shall restore the surface to its then prior condition should repair be necessary. 6. Should there be a dispute which the parties cannot otherwise resolve, the parties agree to submit their dispute to binding arbitration according to the rules then in effect as established by the Presiding Judge of the Washington County Circuit Court, Hillsboro, Oregon. DATED: 2 , 2005. GRANTOR: GRANTEE: DOUGHTY FAMILY TRUST, DOUGHTY FAMILY TRUST, DATED MAY 14 2004 DATED MAY 14, 2004 By: G / By: C az4-71-4" C. Thomas Davis, Trustee C. Thomas Davis, Trustee STATE OF OREGON, County of Washington : ss. ' 1 /ar/W 02 , 2005 Personally appeared before me the above -named C. THOMAS DAVIS in his named capacities and. acknowledged the foregoing instrument to be his voluntary act and deed. o �c s i - '77 • ) : % MERILYN G. BAKER r O ; (` r; '``J)= NOTARY PUBLIC- OREGON 3 O Not Publi for Oregon 1 ` 1 MY COMMISSION DOVES DEC13Jf3B 3, 2005 2 SEWER EASEMENT AGREEMENT (mb.e.doughty. std.pizza.easement. sewer) IIIIIMIIIIIIIIIIDIIIIIII 2005-22534 EXHIBIT A (Legal Description) 11670 SW Pacific Highway Tigard, Oregon 97223 Beginning at the Northeast corner of the tract described in Mortgage to.the United States National Bank of Oregon recorded in Book 648, Page 688, Film Records,.Washington County, Oregon; thence South 15° 50" East 142 feet along the • Easterly line thereof; thence Southwesterly 170 feet more or less along the Southeasterly line thereof to the Southwesterly corner thereof; thence South 22° 55' East 193.38 feet to the Southwest corner of the tract described in deed to J. Paul Doughty et ux, recorded in Book 617, Page 669, Film Records, Washington County, Oregon; thence South 86° 54' East 138.1 feet along the • South line of said Doughty tract to the Southeast corner thereof; thence North 15° 50' West along the East line thereof 446 feet, more or less to the point of intersection with the Southeasterly right of way line of the S. W. Pacific Highway; . thence South 52° 15' West 38.0 feet more or less to the true' point of beginning. 3 SEWER EASEMENT AGREEMENT [mb. e. doughty. std. pizza. a asement. sewer] 1111111111111E 11E 111111111 EXHIBIT B (Legal Description) 11674 SW Pacific Highway Tigard, Oregon 97223 Beginning at a point on the South line of that certain tract or parcel of land . situated in Section 36, Township 1 South, Range 1 West of the W.M., conveyed by Albert Voght to Tillie and W.R. Phillips, recorded May 31, 1911 in Book 90, Page 233, Deed Records, the said beginning point being 2247.4 feet South 86° 54' East from the re- entrant corner on the West boundary of the Geo. Richardson D.L.C. No. 55; running thence North 22° 45' West 371.0 feet to the center of Taylor's Ferry Road; thence North 52° 15' East along the center of said road, 189.0 feet; thence South 15° 50' East 483.7 feet to the South line of said Phillips tract; thence North 86° 54' West, 138.1 feet to the point of beginning, in the County of Washington and State of Oregon. • 4 SEWER EASEMENT AGREEMENT [mb.e. doughty.std.pizza.easement.sewer] - ( 11111111111IIIIIIII II II IIIII t - 2005-22534 EXHIBIT C (Easement Description) The Westerly 15' running North and South along the Westerly property line of 11674 SW Pacific Highway, which is legally described in the preceding Exhibit B. A visual of the easement description is attached as Exhibit D and attached for demonstrative purposes. • 5 SEWER EASEMENT AGREEMENT [mb.e. doughty. std.pizza.easement. sewer] IIIIIIuIIIlIIlIIIIlIIIlIIt 2005 h , b; f D 3kcrYd 1 1V1 ascmextt - slno� be 1S �P ► ViorA 13* ot, 1 6oaL4- T D 12' Q tab' deep Connec+ioh �U,phream r -- i Albert Shields - Septic tank - Standard Appliance, 11674,SW Pacific Hwy PLM2005- 00052. Page 1 ti 'i From: Albert Shields To: Hap Watkins Date: 2/10/2005 4:52:17 PM Subject: Septic tank - Standard Appliance, 11674 SW Pacific Hwy PLM2005- 00052. I met on -site today with Bill from Moore Underground who showed me what they had found with the septic tank, e.g., that the lid was already crushed and the tank was already filled or largely filled with heavy gravel such that it cannot be pumped and filled in the normal manner. 7 ' I spoke with Joe Federico, County Sanitarian, this afternoon about how to complete demolition of the tank. Joe said that it would be acceptable to collapse the tank walls with a backhoe or such, fill the remainder of the tank and the hole with gravel, and bury it, so long as there was a minimum of 12" cover under the parking area. I advised Bill and arranged to visit the site tomorrow, Friday, to verify the collapse and fill. When that is done and with John's approval today of the building sewer installation the only thing remaining to final the PLM permit will be receipt of a recorded easement and I have noted the PLM activities to that effect. Please let me know if you have any questions. cc: John Williams Albert Shields Housing & Building Inspector Building Codes Enforcement Officer City of Tigard 503 - 639 -4171 Ext. 2426 Albert @ci.tigard.or.us