88-10756
8840756
Washington County
AGREEMENT FOR.PERPETUAL STORM DRAIN EASEMENT
For Joint Use and Maintenance
Residential Use
THIS PERPETUAL EASEMENT, made and entered into this ,
19 between Jz- /1'3c: hereinafter called the first
s, , hereinafter called the second party.
party, andAt -
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following
described real property in the City of Tigard, County of Washington, State of
Oregon, to wit:
sE~ exhi b,f KA
and the second party is the owner in fee simple of the following described
real property in the said City, County, and State, to wit:
SEE E Kti1 b 1t
and said parcels of real estate adjoin each other; and
WHEREAS, the first party desires to grant to the second party an easement
and right to use the described storm drain facility now or to be.constructed
along and upon a portion of one of the parcels in conjunction with any lawful
use.
NOW, FIRST: In consideration, of each party's desire, mutual benefit, and
other valuable consideration each to the other in hand paid, receipt of
consideration is hereby acknowledged.
SECOND: First party conveys to second party a perpetual easement for storm
drainage purposes for use in conjunction with any lawful use along and upon
that portion of first party's property described as follows, to wit:
Sr-E ~X h i b it G~'
THIRD: It is mutually agreed that each party may use in common with the other
party the whole of said storm drainage easement.
FOURTH: This agreement should bind and inure to the benefit of, as the
circumstances may require, not only the immediate. parties hereto, but also to
their respective heirs, executors, administrators, and successors in interest
as well.
FIFTH: The maintenance shall be shared responsibility of the parties and each
of the parties shall-share. the cost of maintaining the storm drain facilities
and easement. The obligation to share maintenance costs shall begin when the
storm drain facility is completed.
SIXTH: In construing the foregoing agreement, the plural shall mean and
include the singular whenever the context so requires.
CITY RECORDER
CITY OF 77GARD
P' O' B'X 23397
TIGARD, OR 97223
IN WITNESS WHEREOF, the undersigned individual and corporation has caused
this easement to be executed by its duly authorized, undersigned offices
acting pursuant to resolution of its Board of Directors.
First Party Second Party
Name of. CoKeoR ijt N Name of Corporation
By:.
Br 2E5" P esid t
B .
~ySee. y. Secretary
Washington
STATE OF EK=K
)
) ss.
COUNTY. OF ~Wmmi Mar(--!h 4fh , 1988
Personally appeared NICRaE1, BEIRWAGEN and` r AgK ppTgWz .W
who, each being first duly sworn, did say that the.former
is the •gresident president and that the latter is
thecMcmetjry of J2M3.. 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 deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day
of MARai... ~ 19 88 •
~~u;,• f Not ry blic for Oregon
(~iR$r.SEAL) My Commission. Expires: 3/9/91
~bpVed a~ t6` A4; description this , day of , 19,
C B
s•.. ...r.• Title:
o
Approi►e&'t'Kfs day of 172d&'111
DEPARTMENT OF COMMUNITY DEVELOPMENT
By:
Title: C,
cn/3570P
Ck
Order No. W 38559
« v
Page No. 4
DESCRIPTION
A tract of land lying in the Northwest one-quarter of Section 12, Township 2
South, Range 1 West of the Willamette Meridian, Washington County, Oregon, more
particularly described as follows:
Beginning at the southwest corner of Lot 70, DURHAM ACRES; thence South 89° 02-'
21" East, along the south line of said Lot 70, a distance of 157.37 feet to the
southwest corner of that certain parcel conveyed to J2 M3, Inc.., an Oregon
corporation, by.deed recorded August 14, 1987, Fee No. 87041821; thence North
2° 00' 35" East, along the west line of said J2 M3, Inc, parcel, 50 feet to a
point, said point being the true point of beginning; thence East 152 feet, more
or less to a point on the west line of that certain. parcel"described in street
dedication recorded August 31, 1987, Fee No. 87044633, said point being 25 feet
West of the centerline of S.W. 81st Avenue and North 10 34' 56" East 50 feet
from the south line of Lot 70; thence North 11 34' 56" East, along the west
line of said street dedication parcel, 50 feet to the southeast corner of that
certain parcel conveyed to Jay Miller Builder, `Inc., by deed recorded September
15, 1987, Fee No. 87047060; thence. North 89° 02' 36" West, along the south line
of said Jay Miller Builder, Inc. parcel. 141.64 feet to the southwest corner of
said parcel, which point is also the northeast corner of the J2 M3, Inc.
parcel; thence North 89° 02' 36" West 10 feet to the northwest corner of said
J2 M3, Inc. parcel; thence South 21 00' 35" West, along the west line of said
J2 F3-, Inc. parcel, 50 feet to the true point of beginning.
i
f _
i
t
j
_ 1
Order No. W 38560
Page No. 4
DESCRIPTION
A tract of land lying in the Northwest one-quarter of Section 12, Township 2
South, Range 1 West of the Willamette Meridian, Washington County, Oregon, more
particularly described as follows:
Beginning at the southwest corner of Lot 70, DURHAPi ACRES; thence South 890 0.2'
21" East, along the south line of said Lot 70, a distance of 157.37 feet to the
southwest corner of that certain parcel conveyed to J2 M3, Inc., an Oregon
Corporation by deed recorded August 14, 1987, Fee No. 87041821, said point
being the true point of beginning; thence North 20 00' 35" East, along the west
line of said J2 M3, Inc. parcel 50 feet to a point; thence East 152 feet, more
or less, to a point on the west line of that certain parcel described in Street
Dedication recorded August 31, 1987, Fee No. 87044633, said point being 25 feet
West of the centerline of S. W. 81st Avenue; thence South 1° 34' 56" West,
along the west line of said Street Dedication parcel, a distance of 50 feet to
the south line of Lot 70; thence North 89° 02' 21" West 152.38 feet to the true
point of beginning.
r'
EXHIBIT "C"
A strip of land in the Northwest 1/4 of Section 12, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, lying in Lot 70, DURHAM
ACRES, a duly recorded plat in said County, said strip more particularly
described as follows:
Commencing at the Southwest corner of said Lot 70; thence South 89002'21. East
along the South line of said Lot 70 a distance of 167.37 feet to the true
point of beginning; thence North 2000'35" East along the Westerly line of the
East one-half of said Lot 70 a distance of 100.00 feet; thence South 88042132"
East, 20.00 feet; thence South 2000'35" West, 100.00 feet to a point on the
South line of said Lot 70; thence North 89002'21" West along said Lot 70 South
line 20.00 feet to the true point of beginning.
ht/3481D
I
STATE OF OREGON
SS
County of Washington
I, Donald W. Mason, Director of Assessment
and Taxation `and. Ex'OfficioRecorder of Con-
veyances for :said, county do,H bycertify that
the within instrument"of 'Writing %was, received
and recorded in book 'of records of said-,county.
DonaldW.. Mason, Director of
Assessment Wand. Taxation, Ex
Officio County Clerk
1988 .MAR 17 AM I1: 41