90-008122
NOV 13 '89 15:41 TIGARD IC PE N R503 624 0934
y O P.2/2
I
9®-08122
INDIVIDUAL--GENERAL PARTNERSHIP Washington County
Pc'"..MANENT STWN VAINAGE EASEMENT
KNOW AIL MEN BY THESE PRESENTS THAT F•G PF ~ ~r ~ i ~s Pa ~ A.o r I
hereinafter caY lled the Grantors, in consideration or the sum of
dollars ) from the City of Tigard,
hereinafter ealled Grantee, grant and convey unto the City of Tigard a perpetual
easement for constructing, reconstructing, operating, maintaining, inspecting and
repairing of an underground stoma drainage line and appurtenances, together with the
right to enter upon the grantor's property for the above mentioned purposes, and the
right to remove. as necessary, vegetation, foliage, trees and other obstructions on the
following described parcel of land, situated In the City of Tigard, Washington County,
State of Oregon. ~e1't
SOW i4 . 141gj-r
OF AL." A010S7 `)2?' AwN54H frsh,TAZvs. M`frS'%wL jiA&,tsS,,As.
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 Grantors
from the full use and dominion thereover; provided, however, that such use shall not
interfere with the uses and purposes of the intent of the easement.
IN CONSIDERATION of the premises, grantee agrees that if said Grantee, its
successors or assigns should cause -said easement to be vacated, the rights of the
Grantee in the above described easement will-be forfeited and shall immediately revert
to the Grantors, their successors and assigns in the case of such event.
TO HAVE_AND TO HOLD the above-described and granted premises unto said Grantee, its
successors and assigns forever.
IN WITNESS WHMMF, grantor(s) has (have) hereunto set his (her) (their) hand(s)
and (s) s 3 ay of zo,ivxa , 19 Cl G•
(SEAL-
(SEAL)
(SEAL) (SEAL)
STATE OF OR G0N )
)ss.
county of Washington )
. BE IT REI►R;MBERED, that on this day of 19before me,
the undersigned Notary Public in sus for the Sta~ of Ore o
g personally app aced h
} t
jAA
within-named who is (are) known to me to be the identical indi duals described in
executed
the wi
thin 'instrument and acknowledged to me that he (she) (they) executed the same
freely and voluntarily.
Of IN TESTIMONY WFMEOF, I have hereunto set my hand and seal this _ day
19,
.
(LOT Notary Public f regon~
d$' `
"SEA') my Commissio ires: aL/
A rrp~red as t* legal description this 61 day of r , 19 .
r... , By:
Titl
Approved this day of 1~P,~/'G{i?YG1
, 19 Ag .
GRANTOR'S NAME/ADDRESS DEPART F COMMUNITY DEVELOPMENT
ar1-t Tt~ 1. nso ti Byt
Title: LG- //]E'P,,►►
C-
_ b CL VC/ P
Ttq A~ 47zZ3
EXHIBIT "B"
ADDITIONAL EASEMENT PROVISIONS
1. The easement covers only that portion of the real
property described on Exhibit "A" which is specifically identified
as the relevant easement area. The easement is nonexclusive and
subject to all prior matters of record.
2. Upon completion of any maintenance or other work in
connection with the easement, Grantee shall cause all of Grantor's
Property and all paving, landscaping and other improvements
thereon or thereunder to be restored to their prior condition.
All installation, repair, maintenance and other work by Grantee.
(a) shall be preceded by written notice to Grantor, (b) shall:be
conducted as expeditiously as possible, and (c) shall be conducted
in such a manner as to minimize interference with the use and
enjoyment of the Property by Grantor and the tenants of Grantor.
3. Grantee shall at all times protect, indemnify,
defend and hold Grantor and the entirety of Grantor's Property
harmless from, and shall be solely responsible for, any and all
claims, demands, liens, charges, encumbrances, losses and costs
(including attorney fees) arising directly or indirectly out of
(a) the grant and use of the easement, (b) the use or maintenance
of the easement area and of the utilities installed therein by
Grantee, (c) any act or omission of Grantee with respect to the
easement or such utilities, and (d) the exercise by Grantee of the
rights and privileges acquired under and pursuant to this
Easement.
4. In the event of litigation between the parties
hereto with respect to this Easement, the prevailing party shall
be entitled to recover, in addition to all other sums and relief,
its reasonable attorney fees incurred both at and in preparation
for trial and any appeal or review, such amount to be set by the
court(s) before which the matter is heard.
5. If Grantee shall fail to use this easement for a
continuous period of five years after installation of the
contemplated utilities or shall fail to install such utilities
within days of the date hereof, this Easement shall thereupon
terminate and the parties shall execute such recordable documents
as are necessary to extinguish this Easement Agreement of record;
provided, the indemnity and attorneys fees provisions hereof shall
survive any termination hereof.
6. Grantor reserves the right, at its expense, to
relocate the utilities to locations reasonably acceptable to
Grantee, in which event this Easement shall be amended to
correspondingly revise the description of the easement area.
1 - EXHIBIT "B"
NO_Y. 13 '89 1543 TIGARD I AL NTR503 624 0954
P.5/2
` AX14 ,6/-r %'A
R,A. Lawrence & Associates, inc.
5001 Willamette Falls Drive • 656.6804 • West Linn, OR 97068
A October 25, 1989
Account # 152-13-89
Legal'Description of Tax Lots 22004 2300 Tax Map 2S1 2CB
Beginning at a point on the West line of lot 10, Frewing's Orchard Tracts, in
Section 2, T2S, R1W, W.M., Washington Co., Oregon, 2.41 chains North of the
southwest corner of said lot; thence N 24. 37' E on aline westerly of that tract
conveyed to Glenn Cade, et ux, by deed recorded in Book 205 at Page 97, deed
records, 2.9 chains to a point on the North line of said lot 10; thence continu-
ing on a line N 24. 37' E on a line Westerly of that tract conveyed to Glenn Cade,
et ux, by deed recorded in deed book 258 at page 817, 0.99 chains to the most
easterly corner of a tract conveyed to Mary V. Hood by deed recorded March 14,
1947, in Book 271, page 809, thence continuing on line (N 250 Q5' E measured)
7.74 feet; thence N. 46 16' E (N 460 17' 30" E measured) 42.08 feet; thence
(N 490 16' W measured) 188 feet more or less to the easterly right of way line of
S.W. Pacific Highway; thence southerly along the easterly right of way line of the
S.W. Pacific Highway 271 feet more or less to a point on a line North of that
tract Conveyed to Harold N. Cutting; et ux, by deed recorded in deed book 19? at
page 324; thence easterly on said lire North, of the Cutting.tract 100 feet more or
less to the most southerly southwest corner of Lot 8, Frewing's Orchard Tracts;
thence S 0. 27' W on a line East of said Cutting tract and that tract conveyed to
Roland W. Ingalls, et ux, by deed recorded in deed book 270 at page 455, 2.01
chains to the point of beginning.
Easement for Storm Sewer
A strip of land, 15 feet in width, side lines lengthening and shortening
as required to form a continuoas strip from property line•to property line,
lying 7.5 feet on each side of the following described centerline:
Commencing at the most §a corner of the above described property;
Tfxum N 490 16' W 31.35 feet to the POINP Op BEGINNI[MG;
Thence S 410 45' 34" W 77.28 feet, Thence S 220 11' 570 W 174.27 feet to
the end thereof.
Easement for Sanitary Sewers
A strip of land, 15 feet in width, side lines lengthening and shortening
as required to foram a continuous strip from property line to property
lire, lying 7.5 feat on each side of the following described centerline:
~STEAZL
Ccttwncing at the most Vestexg~y corner of the above described property;
Thence N 49. 16' W 43.15 feet to the PLACE OF BEGINNING;
Thence S 4411 48' 22° W 92.36; Thence S 19°43' 29" W 127.27 feet to the
end thereof.
700 \ rvv \
35Ac Exhibit Map .9Bac. 2700
600
2dAc.' NW 1/4 OF SW 1/4 OF SECTION 2, .25Ac.
T2S R1W, W.M.
500-
•25Ac. 2600
.74Ac.
400
.rr.4c.
2 00 2500
,300 8.20Ac. . 20Ac.
00 .53Ac.
4 Ac.
2400
1200 03 Ac.
303
3
•29Ac. 30
s~
302
OZ Ac. 2301
~o7Ac 3400
4 / ?.97 Ac.
Q l$' W iDG
S~RM~ICR ~~,1~v C-
2300 EA5EME-N7 3504 3401
.81Ac. .30Ac.
Park St.
1805 1900 DESCRIBED z6503
27,,E AREA
350 1 " (P.
1804 2)00 3500 3600
.22 Ac.
. 67 Ac. .17Ac. .45Ac.
5000
5200
C9 5100
2000 3,00
.86Ac. • ~ ,qc/
5300
305
5400
100 306 -ri-
/.90Ac• 5500
309
NORTH
310 SCALE: 1" = 100'
STATE OF OREGON - .
County of Washington
I, Donald W. Mason, Director of Assessment
and Taxation and ecorder of Con-
veyances for d emu( certify that
the within ` rl~rtt iii received
and recor S county.
r of
c n. Ex-
. g _
Q)
COUNT,
Doc 9:0008122
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02/20/1.990 01:32:54PM