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83-008662 r4ll. 83008662 Project: S.W. 72nd-Avenue Area - LID No. 21 Assessment Ident. No.: 39 Tax Lot No.: 100 Tax Map No.: 2S-1-12DB Deed Reference: Fee No. 77-20237 (Book 1220, Pages 247-249) EASEMENT FOR STORM DRAIN Sgim~o ns Company, a Delaware Corp. KNOW ALL MEN BY THESE PRESENTS That dba Simil~on~ Realty company €x c :oI&# ki xxxxxxxxxxxxSc exftfkxxxxxxxxxx;c in Consideration of the sum of $1.00 (One Dollar) to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right of way and easement over, across and under the following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION Being over that portion of the tract described in Fee No. 77-20237 (Book 1220, Pages 247-249) of the Washington County, Oregon deed records that falls within a 12 foot wide strip of land the center- line of said strip being more particularly described as follows: Beginning at a point on westerly right of way of S.W. 72n$ Avenue (a 60 foot wide right of way) that is S 0 21'36" E 515.52 feet and S 89°40'44" W 10.00 feet from a brass cap in an iron pipe at the recognized 1/16th corner (the northwest corner of the N.E. ; of the S.E. - of Section 12, T2S, R1W, W.M.) shown as Point "P" on County survey No. 13,247; thence along said centerline S 81 01113" W 126.56 feet to the end of said centerline. (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 /-7 : r ti . TEMPORARY EASEMENT DESCRIPTION Being over that portion of the tract described in Fee No. 77-20237 (Book 1220, Pages 247-249) of the Washington County, Oregon deed records, being more particularly described as follows: A 20.00 foot wide strip of land lying northerly parallel and adjacent to the north side of the above described 12 foot wide permanent easement and 10 foot wide strip of land lying southerly parallel and adjacent to the south side of the above described 12 foot wide permanent easement. (See Attached Easement 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 (CORPORATE) STATE OF NEW YORK ) ss. County of NEW YORK ) On this ~ o day of TA 0 A R Y 19F, before me appeared R o 3 ,E R r L, To n( ES and R y D o i.. to H ~T1 5 A 4 5 0 r4 both to me personally known, who being duly sworn, did say that he, the said i~ © (3 F r'lT , To 4 G S is the VicE President, and he, the said j o o L- P+-f 0-, 5F1 fJ 5oA/ is the /Secretary of S T- M M 0 rJ C.° o M P R~ J b,Ag SX" M 1 ,JS REALr44 me# ithe wi th i n named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and K O 6 C i~ T k: , T6 4 L--- 5 and y p o L PH T, S r4i4 5 o 4 acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Q. ` h NKth ry Pub9i c o r ate of ADMM New york wcY R. VACOwNO My Commission Expire O'~02eWsh► Conur~isefoa _ res iawh as 1ag3 Page 4 Storm Drainage Easement 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 /o Day of January 19. SIMMONS : COMPANY, d/b/a STN0NS (SEAL) RRLTY CLAW (SEAL) 4...... SEAL) ALL/ AI. } s ident (SEAL) (SEAL) Rudolph J. S n, S For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this I'Ut4l day of r 19 3 ,Y Y Mortgagee By Title 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: Mayo r By City ecorder STATE OF OREGON ) ss. County of Washington) On this ~3grdday of February 19 83 before me appeared and both to me personally known who, being duly sworn, did say that he, the said Wilbur A._ Bishop is the Mayor, and he, the said Doris Hartig. is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Wilbur A. Dish-62- and Doris Hartig acknowledged the said instrument to be the free act and deed of said municipal-corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. -Ndtary Public-for State o Oren JU .J . My Commission Expires: Page 5 Storm Drainage Easement I~ -d- (~PZI'a~Po QPGtF1C SODt~~A~ Recognized 1/16th corner on the Assessment Ident. No. 39 south line of the S.E. 1/4 ection 12, Tax Lot No. 100 (Point No. 289 on C.S 127) ~ Tax Map No. 2S-1-12UB A ~ Owner: Simmons Company, a Delaware Corp. ~ Deed Reference: Fee No. 77-20237 10 ~-•1 Book 1220, Page 247-249 ► 12 Brass Cap in Iron Pipe at the recognized 1/16th corner (Point No. "B" on C.S. 13,247) S 0°21' 36" E 515.52 - - - w Right of Way S89 40'4411W ° N 0° 21' 36" W o 10.000' o o - 2135.40 0 510.95 - - N 0° 21' 36" W 2646.35 - - - - S.W. 72nd AVENUE Count Road No 126) STATE OF OREGON County of Washington SS R Area of Permanent i I, Donald W. Mason, Director of Assessment Storm Drainage Easement and Taxation and Ex-Officio Recorder of Con- M veyances for said county, do hereby certify that N the within instrument of writing was received ~ and recorded in book of records of said county. (D r r. Q1 ~ Area of Temporary v. &A m Donald W. Mason, Director of Construction Easement - Q en of Assessment and Taxation, Ex - - C.1% O ~I for Storm Drainage 3 N Officio Chief Deputy Clerkp'w M 4-- 0 Xv ° L- 50 Na m go t N O /t U r fY t- VITj) DES Srrflf 1 DATE 1 DeHAAS & ASSOCIATES, INC. Storm Drainage Easement Map G.M. o OF IO 4 - CONSULTING ENGINEERS & SURVEYORS LID No, 21 .R.C.1 13 82 50 Suite 445-AGC Center (503) 662-2450 Cx a SCALE 9450 S W Commerce Cucie Res. 636-6195 City of Tigard, Oregon 1 Wdsonvdie. Oregon 97070 Ent 80.194.118