86-044433
~J1 U
CITY OF TIFA RD
OREGON
25 Years of Service
1961-1986
November 25, 1986
Mr. Neal Conser
Pioneer Land Development, Inc. -
1151 N.E. Conser Place
Corvallis, OR 97730-6809
Re: Permanent Storm Drainage Easement
Dear Mr. Conser:
Enclosed please find a copy. of a Permanent Storm Drainage. Easement which has
been recorded with Washington County. (Recorded Document No. 86044433.)
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Loreen R. Wilson
Acting City Recorder
cw
Enclosure
cc: John Hagman - Engineering
13125 SW Hail Blvd, P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171
C rf OF TIIFARD
OREGON
25 Years of Service
9961-1986
November 25, 1986
Mr. Thomas Gerber
Attorney at Law
:5200 S. W. Macadam Avenue
..Suite 400
Portland, OR 97201
Dear Mr. Gerber:
In. accordance with your. telephone conversation with my secretary today,
enclosed please find a- copy . of two recorded Permanent storm Drainage-
Easements:
1. Pioneer Land--Development;--Inc: "(Recorded Document_ No. 86044433
)
Please note -that--a-copy -of- -this doctmnent has also been mailed to
Neal Conser in Corvallis.
2. Coast Finance, Inc.:(Recorded Document No. 86044434)
If you have any questions# please do not hesitate to contact this office.
Sincerely,
c
Loreen R. Wilson
Acting City Recorder
cw
Enclosures
cc: John Hagman - Engineering
13125 SW Hall BhKL P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171
CITY OF TIFA RD
OREGON
25 Years, Of Service
1969-1986
October 10, 1986
Mr. Thomas A. Gerber
Attorney at Law
The Landing, Suite 400
5200 S. W. Macadam Avenue
Portland, OR 97201
Re: City of Tigard - Pioneer Land Development
(Storm Drainage Easement)
Dear'Mr. Gerber:
Your letter of September 23, 1986, to Mr. John Hagman, City of Tigard, has
been referred to this office for follow-up. You requested that both the
recorded easements and the subordination agreements for the above=captioned
item be sent to you. Please be advised that these items are being recorded.
Generally, it takes about four to six weeks for recorded documents to be
returned to the City from Washington County.
As soon as we receive those documents, we will send you the copies you
requested.
Sincerely,
c~
Loreen R. Wilson
Acting City Recorder
LRWtcw/4240A.
cc: John Hagman
13125 SW Hall BIVd., P.O. Boz 23397, Tigard Oregon 97223 (503) 639-4171
THOMAS A. GERBER
ATTORNEY AT LAW
THE LANDING, SUITE 4oo
5200 S.W. MACADAM AVENUE
PORTLAND, OREGON 97201
TEupHoNE (503) 223-6273
September 23, 1986
Mr. John Hagman
City of Tigard, Oregon
P. O. Box 23397
Tigard, OR 97223
Res City of Tigard - Pioneer Land Development
(Storm Drainage Easement)
Dear Mr. Hagman:
Please refer back to the public easement and related
subordination documents pertaining to the storm drainage
easement in favor of the City of Tigard granted by Coast.
Finance, in association with Pioneer Land's development
of the adjoining parcel for a .storage facility. Reference
is also made to the easement granted by Pioneer Land in
favor of the City over its property for similar purposes.
I assume that both easements and the subordination agree-
ments have now been recorded. Please provide me with a
full. set of copies of such recorded documents at your
earliest opportunity. If there is some difficulty in
complying with this request, please advise as quickly as
possible.
Thank you very much for your cooperation.
cer ,
a A. Gerb
TAG:sjc
cc: Mr. Neal Conser
86"044433
CORPORATION
PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Pioneer Land Development, Inc., an
Oregon corporation,
hereinafter called the Grantors, in consideration for the sum of One
dollars 1.00 ) from the City of
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground storm drainage line and
appurtenances, together with 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: As
described on Exhibit A and depicted on Exhibit B attached hereto.
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 asstgns forever; subject to the additional terms and
herein ons of this easement eontained. on Exhibi C attached hereto and incorporated
IN WITNESS WHEREOF, the undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors.
//()A) £ ~rz LAA)R) DSv5Y_,6P•11 £ti; .l
Name noCArp on
Corporate Seal
By: 2=2394LC64A,~rj= AM _%_7
Pres
STATE OF OREGON ) By:
ss. S retary
County of Washington )
Personally appeared, covtu.+'_ r( DvAak`u4°,-fa.:fand k)CaQL
who, each being first duly sworn, did say that the
former is the presi4oq' t and that the latter is
the secretary of irl e w£ 1`~_ L4A_))7 D-6yr44d)y&,1, iU
v7 . 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 a deed.
Public Tor Oregon
(,NOTARIAL .SE;AL) My Commission Expires:
R Ap~rov& as-to`form this ~ day.of , C
r, By
V`
y Attor ey - City of Tigard
APProved-ast.t+a,legal description this day of fTU , 190-:
r ~
-city rgftreer CA y of Tigard
' a Suru`B~oY~
App rived Al's ~ day of
?;J J ' CITY C NCI , Y OF TIGARD
fJ.iv. By.
City Recorder - City of Tigard
/-5
- r
+ ~.4A, : p of 1. and 1 ":i. feet in & th L- ei nq the East \
r " 15. vt,-i feet c:,f that. certain parcel of 1 ar►d described in Stook. 743
Rage 648, Rec-carded May 16, 1969, Washington County Deed Records,
said parcel of land situated in the Southeast one quarter (SE1f4)
Section I.O. Township 2 South, Flange 1 West, Willamette Meridian,
City o-i T gat d, County of Washington and State of Oregon, said
strip of land more particularly described as follows:
Beginning at the Northeast corner of the aforesaid Book: 743 Page
648; said point also being the initial point of 'Fountains at
Summerf i el d Condominiums', a recorded plat; thence South
00'13'30" West along the East line of the aforesaid property des-
cribed in said Book: 743 Page 648, 246.94 feet to the Southeast
corner thereof ; thence South 89'51'West along the South line
thereof 19.00 -feet; thence North 00'13'30" East parallel to and
15.00 feet Westerly of said East line 246.90 feet to a point in
the North line thereof; thence.North 89'51' East along the North
line thereof 15.i__)0 feet to the true point of beginning.
REGISTERED
PROFESSIONAL
ND SURVEYOR
OREGON
J I ~sse
JAMES °si' vEDDLE
G
F 100
i
"o
STORM DRAINAGE EASEMENT-
LOCATED IN SE V4 SEC R ON 10, {
T. 2 5., R. I W., W. M E
CIT { or T1GAwilD,
TL tp0 WASH I NGTG N COGNr(,
~ OEZIrC01.~ ~
r _n
3.51 AC. Q N
~'dJIM WE>~ ~$soC, INc.
WOK 743 ( CA IlSD S1N X1.1 NE PAGE- '648 ,s' PI'SWLAND, ORIE. ejl LZ
REC. 5.16-" zr.. Dumm J1
EArWIAe IT °p• Z.gZ•go83
1 M~ TL.110o ~
STERED
0.40AC. tN
A► ESSIONAL
TL.300 g SURVEYC??. X
4.44 AC. ~'`se9°°sl' 6.30.80
EGON
Y 12. 1968
0
.7WEDDLE E-X\HIBIT WP
SCALE: 111= ►00* APPROVED BY: DRAWN BY r'
• DATE: ro• 50.% REVISED V
R'R PIONEER LAND CORP
T.L.100 1151 hl.E. CONWIPZRACE, CORVALLIS.OrEGi0N cl! 350
3M I1A C' DRAWING NUMBER
SMKM DRA IN E ASE t~d~ E _N I
85 1344, c
ADDITIONAL TERMS AND CONDITIONS
TO EASEMENT
The following additional terms and conditions
apply to the Permanent Storm Drainage Easement in favor of
the City of Tigard, Oregon, to which this document is
attached:
1. Notwithstanding anything contained in such
easement to the contrary, the rights granted in such ease-
ment shall not be assignable to any person or entity,
excepting a transfer to a successor public agency having
jurisdiction over storm drainage systems.
2. Notwithstanding anything contained in such U
easement to the contrary, the grantee thereunder shall
exercise its rights thereunder in such fashion as to reason-
ably minimize the burden and inconvenience suffered by the
grantor thereunder, and its assigns, and shall in any event
upon completion of activities pursuant to such easement
leave the premises in a neat and orderly condition with all
excavation-to be refilled and successively refilled and
settled and compacted with topsoil to a level with the
adjoining surfaces and with a compaction as equivalent as
possible to that which previously existed, with all debris
and residue removed from the premises. No earthen materials
shall be taken from the premises, and any excess earthen
materials shall be disposed of according to instructions of
the grantor under such easement, or its assigns. Any
vegetation, foliage, trees or other natural or man-made
improvements or obstructions shall be restored or replaced,
as the case may be, to a condition as near as practicably
possible to the condition existing previously.
3. Notwithstanding anything in such easement to
the contrary, there shall be a maximum of only one storm
drain pipe installed within such easement, and such pipe
shall have a maximum interior diameter of no more than 18
inches.
4. Grantee shall be liable to the grantor under
such easement, and its assigns, for any loss, damage or
injury suffered on account of any activities undertaken
pursuant to such easement, and shall defend, indemnify and
hold harmless such. grantor, and its assigns, from and against
any and all claims by any person or entity for damage on
account of loss or injury resulting from any of such activities.
Exhibit C ~4
,
PC"M No. 654-GENERAL POWER OF ATTORNEY-(Short Form). srev ENS-NESS LAW PUBLISHING co., PORTLAND. OR. 97204
TK
KNO.aY' ALL MEN BY TFi_iE PRESENTS, That I, CONSER-.....--_..__-_.-.-...--.-..
have made constituted and appointed and by these presents do hereby make constitute and appoint
-------NEAL D. CONSER-------
my true and lawful attorney for me and in my name, place and stead, and for my use and benefit to demand, sue for, recover,
collect and receive all such sums of money, debts, rents, dues, accounts, legacies, bequests, interests, dividends, annuities and de-
mands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to me, to have, use and take all lawful
ways and means in my name or otherwise for the recovery thereof, and to compromise, settle and adjust and to execute and I'
deliver acquittances or other sufficient discharges for any of the same; to bargain, contract for, purchase, receive and take lands, '
tenements, hereditaments, and accept the seizin and possession thereof and all deeds and other assurances in the law therefor and
to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements and hereditaments, includ-
ing my right of homestead in any of the same for such price, upon such terms and conditions and with such covenants as my said
i
attorney shall think fit; to sell, transfer and deliver all or any shares of stock owned by me in any corporation for any price and
receive payment therefor and to vote any such stock as my proxy; to bargain for, buy, sell, mortgage, hypothecate and in any and
every way and manner deal in and with goods, wares and merchandise, choses in action, and other property in possession or in
action, and to make, do and transact all and every kind of business of whatsoever nature or kind; for me and in my name and as
my act and deed, to sign, seal, execute, acknowledge and deliver all deeds, covenants, indentures, agreements, mortgages, pledges,
hypothecations, bills of lading, bills, bonds, notes, evidences of debt, receipts, releases and satisfactions of mortgages, judgments
and other debts payable to me and other instruments in writing of whatever kind and nature which my said attorney in his dis-
cretion shall deem to be for my best interests; to have access to any safety deposit box which has been rented in my name, or
in the name of myself and any other person or persons; to sell, discount, endorse, deliver andlor deposit all checks, drafts, notes
and negotiable instruments payable to my order, to withdraw any moneys deposited in my name with any bank and generally to
do any business with any bank or banker on my behalf; also
i~.
.t
GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could
do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney
or my said attorney's substitute or substitutes shall lawfully do or cause to be done by virtue of these presents.
In construing this instrument and where the context so requires, the singular includes the plural.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on February_-_- 19.86
`ter--'--- 1!~~-------------------
s'. 7
STATE OF OREGON, County of Ben:Eon--------------------_) s9. February---6--------- Iv_ $6...-,
Personally appeared the within named A--__ROC_KY---COMER
- - - - - - - -
and acknowledged the foregoing instrument to be hi S-_-._..----_--_---._."._--.-_-voluntary act and deed.
B t e e:
-
otary Public for Oreg n. 9 89
(SEAL) My Commission expires
ST ATE OF OREGON
Power of Attorney ss.
County of
I certify that the within instru-
ment was received for record on the
---------day of 19--------, at
J. ROCKY CONSER o'clock .-----.M., and recorded in
(
To (DON'T USE THIS book/reel/volume No---- on page
SPACE; RESERVED
FOR RECORDING or as fee/file/instrument/micro-
NEAL D. CONSER
( LABEL IN COUNTIES film/reception No-------------------- Record of
WHERE USED.)
of said County.
Witness my hand and seal of
County affixed. I
F AFTER RECORDING RETURN TO
i i
STATE OF OREGON
SS
County of Washington
I, Donald W. Mason, Director of Assessment !I
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 County Clerk'
1906 SEP 30 PM ~ ° -