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83-041688 8304168 Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 40 Tax Lot No.: 200 Tax Map No.: 2S-1-12DB Deed Reference: Fee No. 79-000192 EASEMENT FOR STORM DRAIN KNOW ALL MEN BY THESE PRESENTS That Halvorson Investment Company of the County of State of in Consideration of the sum of -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. 79-000192 of the Washington County, Oregon deed records that falls within a 12 foot wide strip of land the centerline of said strip being more particularly described as follows: Beginning at a point on westerly right ofOway of S.W. 72nd Avenue (a 60 fogt 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 N.W. corner of the N.E. 4 of the S.E. 4 of Section 12, T2S, R1W, W.M.) shown as Point "P" on County Survey No. 13,247; thence along said centerline S 81001'13" 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. y TEMPORARY EASEMENT DESCRIPTION Being over that portion of the tract described in Fee No. 79-000192 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 a 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 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 24th Day of October 1983 . "JON IN ES NTS (SEAL) (SEAL) (SEAL) ) (SEAL) President (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 BE IT REMEMBERED That on this day of 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named and who are known to me to be the identical individuals described in and who executed 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. Notary Publ i c of Oregon My commission expires Page 3 Storm Drainage Easement (CORPORATE) STATE OF OREGON ) ss. County of MULTNOMAH On this 24th day of October 19 83 , before me appeared CARL M. HALVORSON and both to me personally known, who being duly sworn, did say that he, the said President is the said President, and he, the said is the Secretary of the within 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 CARL M. HALVORSON ^ and 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. All o ary u is or State o Oregon My Commission Expires: 9/22/85 - ~Vs'~~g;-' ,,,'~~"~,r~"'• Page 4 Storm Drainage Easement x 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 ~y-r n Mayor By : City Recorder STATE OF OREGON ) ss. County of Washington) On this '7 day of /YCIZJ 19, 3 before me appeared and both to me personally known who, being duly sworn, did say tha e, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal Co r o ration, and e s a i d '4~ L V-t-~ and acknowledged the said instrument to be the free act d deed.of said municipal corporation. IN TESTIMONY','-,WHEREOF, I have hereunto set my hand and seal the day and year'`1a t,;above°'cdri;;tten. _ ,any J„` ~ o ary Publ i c for State of Ore §6n f4y Commission Expires: Page 5 Storm Drainage Easement lam. RPt~gaPO gPG1F1C a~ 54~~~~~N Recognized 1/16th corner on the south line of the S.E. 1/4 ection 12, (Point No. 289 on C.S ,127) -A jil 7Pp Brass Cap in Iron Pipe at the recognized 1/16th corner Assessment Ident. No. 40 (Point No. "B" on C.S. 13,247) Tax Lot No. 200 Tax Map No. 2S-1-12D6 k~~r A ~i Owner: Halvorson Investment Co. Deed Reference: Fee No. 79-000192:. 0 i / S 0 21 36" E 515.52 - - w o Right of way C) ®g - W 0® 21' 35'° W _ S 89° 40' 44°' W , _ o C) 2135.40 _ P 10<95 _ 10.00 A n.~ r ~ w N N _ _ o -2646@35 Q N O 21' 36 W S.W. 72nd AVENUE Count Road No. 126 ® j Area of Permanent Storm Drainage Easement Area of Temporary Construction'Easement for Storm Drainage. DES SHEET 1 Storm Drainage Easement Map G,DR or DATE 1 CONSULTING ENGINEERS & SURVEYORS LID No. 21 .R.C.1 13 82 r=50 ==5-AGC Center (503) cX SCALE S.W Commerce Civcie Res. 63a-6 99 9 City of Tigard, Oregon 1"=50' nrille, Oregon 91010 FILE 80.194.118 STATE OF OREGON I I, Donald W. Mason, Director of Assessment J~ _;I;W ` and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio Chief Deputy Clerk 19 3 NOV 10 PH 12''11 I i i