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83-000972 83000972 Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No.: None Tax Lot No.: 1500 Tax Map No.: 2S - 1 -.13A Deed Reference: Fee No. 80-044490 EASEMENT FOR STORM DRAIN KNOW ALL MEN BY TH SE E PRESENTS That John A. Duncan and Janice..L. Duncan of the County of State of du in consideration of the sum of to them in hand paid, do hereby gran Vand convey unto the Cit f Tigard, a municipal corporation organized and existing under the laws(of the State of Oregon, a right of way and easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION Being over that portion of the tract described in Fee No. 80-044490 of the Washington County, Oregon deed records that falls within a 12 foot wide strip of land the centerline of said strip (being 6.00 feet on each side of said centerline), being more particularly described as follows: Beginning at a point that isN 58038'32" W 462.31 feet and N 31021'28" E 45.85 feet from the point'of beginning of a branch road as described in Washington County Ro$d Notes for County Road No. 534; thence along said centerline N 6g 05'07" W 296.64 feet to a point that is N 58 3832" E 42.32 feet and N 31 21'28" E 43.556 feet from a railroad spike at the end of said branch of County Road No. 534. Excepting any portion of the above described centerline that falls within the right of way of S.W. 74th Avenue. (See Attached Easement Map) This permanent easement is granted for the purpose of laying, constructing, replacing, and maintaining storm drainage lines thereunder, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of installing said storm drainage lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. Page 1 Storm Drainage Easement l` r TEMPORARY EASEMENT DESCRIPTION Being over that portion of the tract described in Fee No. 80-044490 of the Washington County, Oregon deed records that falls within a 52 foot wide strip of land the centerline of said strip (being 26 feet on each side of said centerline), being more particularly described as follows: Beginning at a point that is N.58°38'32" W 462.31 feet and N 31°21'28" E 45.85 feet from the point of beginning of a branch road as described in Washington County Road Notes for County Road No. 534; thence aaong said centerline N 68°05'07" W 316.62 feet to a point that is N 58 38'32" E 62.32 feet and N 31 21'28" E 43.41 feet from a railroad spike at the end of said branch of County Road No. 534. Excepting any portion lying within the existing rights of way of S.W. 74th Avenue and S.W. Durham Road. (See Attached Map) This temporary easement is granted solely for the purpose of constructing a storm drain within the above described permanent easement. Said temp- orary easement shall cease-to exist Thirty (30) days from the date of certification of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interfere with or restrict, except as herein stated, Grantee's use of said easement. This right of way and easement is granted with the understanding that any work done by the City of Tigard pursuant hereto will be so done as to leave the premises here described in a condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right of way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. Page 2 Storm Drainage Easement Y . The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. ' WITNESS our hands and seals this Day of (SEAL) (SEAL) L) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of , 19 Mortgagee By Title (INDIVIDUAL) STATE OF ) ss. County of - ) 7-6 BE IT REMEMBERED 4t on this ~ ay of iy J 19~ before me, the undersigned, a Notary R lic in and for said County and State, pers ly appeare bove named and r-A who :e known to me to bindividuals described in and who exe ted the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. r ( J ,,.~'q,..• ~..e~©~,~~, Notary Public of Oregon . ~ ~ e ~.~i off V" My commission expires rS~ -Storm Drainage Easement e 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 : • Mayor By : City Recorder STATE OF OREGON ) ss. County of Washington) On this S0rl'day of ~GGe19~ before me appeared Uiu►I UcZ- i S 11, 16.0 and o ` both to me personally known wh , being duly sworn, did say that he, a said A D is the Mayor, and he, the said r.; i r ; is th Recorder of the TY F TIGARD, a municipal corporation, and the said ` 914% ein and ` acknowledged the said instrument pnk;-s Ll to be the free act an deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. k ` 7 . ~ N ary Public for State of Oregon Oasr e~ toy Commission Expires: / J-p~ U, Qi ate . 'e °3i~IfO6C1111~~~, Page 5 Storm Drainage Easement I? I : i k Stump County Road -Bearing Tree From face of stump to rail road spike N' at eBd of branch road County Road No. 534 S 37 28'46"E 90.47' measured Owners:John A. Duncan and Janice L. Duncan ( S 37 06" E 91.7' C.R. notes) Tax Lot No..1500 Tax Map No. 2S-1-13A Deed Reference: Fee No. 80-044490 r6'04, Fanno Creek Roda Area of Permanent *o Storm Drainage Easement . ~C) f C \ Area of Temporary Construction Easement X2'32 for Storm Drainage. 2`p t, Rf \ Q~ STATE OF OREGON SS or County of Washington Rail road spike at end s. 2S~ dy , . 1 C I, Donald W Mason, Director of Assessment of branch road County Road No. 534 30 ' I 1 OQ and Taxation and Ex-Officio Recorder of con_ veyances for said county, do hereby certify that C the within instrument of writing was received and recorded in hook of records of said count Point of Beginning Donald W Mason Director of M Cl) S S8~ F,Q Assessment and Taxation, Ex- 190 61, Officio Chief Deputy Clerk ga38 t 32tt ~ ~ t//e' V~ \4 (CO Rad~*o 1983AN 1 I H 9:44 S34)661 To point of beginning of Branch Road - C.R. N. 534 Being the interscetion of Durham Rd. and Upper Boones( Ferry Road l DES SHEET 1 9 INC. Storm Drainage Easement Map GDM• OF DATE1 CONSULTING ENGINEERS SURVEYORS C.R.C.1 13/82 I LID No. 21 cK scatE Suite 445-AGC Center (503) 662.2450 1'r=50 r 6450 S .W. Commerce Circle Res. 636-6196 City of Tigard, Oregon FILE Wilsonville, Oregon 97070 80.194.118