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83-041864 83441864 Project: S.W. 72nd Avenue Area - LID #21 Assessment Ident. No.: 67 9 Tax Lot No.: 2300. Tax Map No.: 2S - 1 - 12A Deed Reference: Book 613, Page 117 EASEMENT FOR STORM DRAIN KNOW ALL MEN BY THESE PRESENTS That Susan V. Rogers of the County of ~ A4- State of ~ P , ✓ , in Conside p tion of the to them in sum of'"("► ;.~-c vas"J hand paid, do hereby grant and co y 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 See Exhibit "A" - Easement No. 1 See Exhibit "B" - Easement No. 2 (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 / - TEMPORARY EASEMENT DESCRIPTION See Exhibit "A" - Easement No. 1 See Exhibit "B" - Easement No. 2 (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 i.nstitute 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 Z 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 I- Day of S 19 (SEAL)/- (SEAL) (SEAL) (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 ~Le ) ss. County of ► \v ) BE IT REMEMBERED That on this ~L- day of -f:t 4 19F)9 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named s~ S ~9-~.✓ t/ .d G~ .S_ and _ who are known to me to be the identical individuals described in and wbo,;; executed the above instrument and acknowledged to me that they executes';.. same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand nd seal ay nd year last above written. Not ry u i of Oregon y;47: M commission expires Page 3 Storm Drainage Easement 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 Mayor By City Recorder STATE OF OREGON ) ss. County of Washington) On this °7 day of 114 e-in 6 ev 19-Z_3, before me appeared and both to me personally known who, being duly sworn, did say that he, the said ~~,/,6uy 11 Zj '5'4CW is the Mayor, and he, the said lpalrks fc _ is the Recorder of the CITY OF TIGARD, a municipal corporation-,/ and the said and C~UGCS ~YT~ 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.,la'sctfrabove written. N ry Public for State of Oregon fly Commission Expires: 1 Page 5 Storm Drainage Easement EXHIBIT "A" Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No. 67 Tax.Lot No.: 2800 Tax Map No.: 2S-1-12A Deed Reference: Book 613, Page 117 PERMANENT EASEMENT DESCRIPTION NO. 1 Being over that portion of the tract described in Book 613, Page 117 of the Washington County, Oregon deed records that falls within a 25 foot wide strip of land the center line of said strip (being 12.5 feet on each side of said center line) being more particularly described as follows: Beginning at a point that is N 89040'44" E, 20.00 feet and N 0016'56" W, 1160.14 feet and N 89002'56" E, 30.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the. N.E. 1/4 of the S.E. 1/4 of Section 12, T2S, R1W, W.M.) shown as Point "P" on County Survey No. 13,247, said beginning point is also N 89043'04" E, 20.00 feet and S 0016'56" E, 1467.11 feet and N 89002'56" E, 30.00 feet from a stone at the recognized northwest corner of the East 112 of the N.E. 1/4 of said Section 12, shown as Point "B" on County Survey No. 13,247; thence along said centerline N 39002'56" E, 30.00 feet to a point; thence N 31012'12" E, 153.57 feet to the end of said center line, said ending point is N 89043'04" E, 20.00 feet, S 0016'56" E, 1307.383 feet, N 88056'51" E, 158.72 feet and S 31012'12" W, 35.42 feet from a stone at the recognized northwest corner of the East 1/2 of the N.E. 1/4 of said Section 12, shown as Point "B" on County Survey No. 13,247. TEMPORARY EASEMENT DESCRIPTION NO. 1 Together with the temporary right of ingress, egress and regress, and use for storm drainage construction purposes, of additional lands being described as the most northerly 180 feet of the most westerly 200 feet when measured at right angles of that property described as conveyed to Rogers Machinery Co., Inc. in Book 613, Page 117, of the Washington County, Oregon, Deed Records. Page 1 Exhibit "A" X EXHIBIT "B" Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 67 Tax Lot No.: 2800 Tax Map No.: 2S-1-12A Deed Reference: Book 613, Page 117 PERMANENT EASEMENT DESCRIPTION NO. 2 Being over a portion of that tract described in Book 613, Page 117 of the Washington County, Oregon deed records that falls within a 12 foot wide strip of land the center line of said strip (being 6 feet on each side of said center line) being more particularly described as follows: Beginning at a point that is N 89040'44" E, 20.00 feet and N 0016'56" W, 1319.87 feet and, N 88056'51" E, 306.10 and S 1003'09" E, 30.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the N.E. 1/4 of the S.E. 1/4 of Section 12, T2S, R1W, W.M.) shown as Point "P" on County Survey no. 13,247, said beginning point also is N 89043'04" E, 20.00 feet and S 0016'56" E, 1307.383 feet and N 88056'51" E, 306.10 feet and S 1003'09" E, 30.00 feet from a stone at the recognized northwest corner of the East 1/2 of the N.E. 1/4 of said Section 12, shown as Point "B" on County Survey No. 13,247; thence along said center line S 1003'09" E, 20.00 feet to the end of said center line. TEMPORARY EASEMENT DESCRIPTION NO. 2 Being over a portion of that tract described in Book 613, Page 117 of the Washington County, Oregon deed records that falls within a 40 foot wide strip of land the center line of said strip (being 20 feet on each side of said center line) being more particularly described as follows: Beginning at a point that is N 89040'44" E, 20.00 feet and N 0016'56" W, 1319.87 feet and, N 88056'51" E, 306.10 and S 1003'09E, 30.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the N.E. 1/4 of the S.E. 1/4 of Section 12, T2S, R1W, W.M.) shown as Point "P" on County Survey No. 13,247, said beginning point also is N 89043'04" E, 20.00 feet and S 00.16'56" E, 1307.383 feet and N 88056'51" E, 306.10 feet and S 1003'09" E, 30.00 feet from a stone at the recognized northwest corner of the East 1/2 of the N.E. 1/4 of said Section 12, shown as Point "B" on County Survey No. 13,247; thence along said center line S 1003'09" E, 40.00 feet to the end of said center line. Page 1 Exhibit "B" / X 0.00 N Stone at Recognized 1/16th Corner I (Point No. "B" on C.S.~13,247) I' z Map of Exhibit "A" and Exhibit "B" r z I 41 CZC co 3 M O Lr) C ~ N .-1 - l I I O I I O i N i 158.72 147.38 _ S.W. BONITA ROAD o o W S. W. BONITA ROAD ' - - - - N 88° 56' 51 E N 88° 56' 51 E '0 0 0o o N (County Road No. 636) C\j (County Road No. 736) - 61, ' Proposed Right of Way 20' ti 20 P . O . B . I Proposed 5' Utilities Easement I ~yr ~ ti - - - 20~ - - \ Exhibit "Bn EASEMENT NO. 2 t. / Cn Ln ri 00 Oo ICno i 8`a1.l . lr e I00 C; 9 s C Assessment Ident. No. 67 Tax Lot No. 2800 ,30. 90.0, nter,,iY- 0 s Tax Map No. 25-1-12A gg 0 E i o~ Owner:.' Susan V. Rogers Area of Permanent 1 z_ Storm Drainage Easement. Deed Reference: Book 613, Pg. X17 uo 9 \ ~L 20U:0 I'7 \ Exhi it "A" Area of Temporary P.O.B. Construction Easement z EASEh1El:NT NO. 1 for Storm Drainage. x\- 0 25' I'D Proposed Right-of-Way Brass Cap in Iron Pipe at 30' Recognized 1/16th Corner , Proposed 5' Utilities DES SHEET 1 (Point no. "P" on C.S. 13.247) IN, DR Easement 7 J:"~7; 71,9;°rl~® Storm Drainage Easement Map G.M of DATE1 CONSULTING ENGINEERS & SURVEYORSr LID No. 21 C . R. C 1 13 82 ' Suite 445-AGC Canter CK SCALE (S03) 682-2450 8450 S.W. Commerce Circle Res. 63"I City of Tigard, Oregon To - r Wilsonville. Oregon 87070 FILE STATE OF OREGON 80.194.118 County of Washington SS r I,"UOnata VW-Mason, UI reCTOr`OTRssessmenT° 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 09 1983 0 I Ali 11:1 G# / b