87-052052
87052052
6 ' INDIVIDUAL-GENERAL PARTNERSHIP
PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Phyllis Stewart and the
Stewart Trust (Phyllis Stewart, Donata Stewart and Nathan Cohen)
hereinafter called the Grantors, for other good and valuable consideration
- 0 - ) 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:
See Attached Exhibit "A"
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. Grantors and Grantee expressly adopt and incorporate
by reference the addendum attached as Exhibit "B".
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 WHEREOF, the grantor(s) has (have) hereunto set his (her)
(their) hand(s) and seal(s) this 15th day of September 1987
13
2WAA t 2A
(SEAL) (SEAL)
`
(SEAL) (SEAL)
STATE OF OREGON )
Multnomah )ss.
County of Xxmx
)
BE IT REMEMBERED, that on this 15th day of September 1987
before me, the undersigned Notary Public in and for the State of Oregon,
personally appeared the within-named PHYLLIS T. STEWART, and PHYLLIS: T.
the SAMUEL B.
STEWART, DONATA STEWART, and NATHAN COHEN, Trustees of STE14ART TRUST,
who i& (are) known to me to be the identical individual(s) described in and
who executed the within instrument and acknowledged to me that 2Wx6zbae* (they)
executed the same freely and voluntarily.
;1 E NY WHEREOF, I have hereunto set my hand and seal this 15th day
° ~~~7anf~ 19 8 7
Notary Public for Oregon
-(N°OF,wIA',S My Commission Expires: 10-4-88
4pproreFY as tQ~'l~gal description thisday of 19~
By:
/
Title: 4o-
Approved this day of 19
e~fr~ Esc ,
DEPARTMENT OF COMMUNITY DEVELOPMENT
1
U CITY RECORDER, By'
CITY OF nGARD T
P'.O.'BOX23397 Title: J/iR2-efoof dF ~v .yrHa~~'~y cX/o~tzx0
=Agb, OR 97223 l~ q
R
Exhibit "A"
That tract of land located in the southeast quarter of Section 36, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, described as follows:
Beginning on the southeast corner that tract described in fee number
86-51674, Washington County Deed Records, (said point of beginning also
bears South 000 13' West, 1360.99 feet and North 891 47' West, 20 feet
form the northeast corner of the George Richardson O.L.C. No. 55); thorickr
South 6111 31' West 498.59 feet; thence South 44° 16' West 59.32 fret,
thence North 360 50' West 27.5 feet; thence North 44° 16' East 84.41 foot,
thence North 61 31' East 497.59 feet to the west fright.--of-way line of 5W
72nd Avenue (County Road 245); thence South 00° 13' West 39.5 feet fo ♦he
point of beginning, containing approximately 0,441 ages.
s/0326D
RgGIST~RBD
rILAW SURVEYOR
ORR N
MUM" I& 116T
JON T. FEiG10N
EXHIBIT B
Grantee agrees to defend, indemnify and hold harmless the
Grantors against claim or claims by any third party against
Grantors arising from the Grantee's construction, reconstruc-
tion, maintenance, inspection, and repair of the above public
drainage system.
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STATE OF OREGON
jj SS
County of Washington
I, Donald W. `Mason, Director of Assessment
- and Taxation and Ex-Off icio 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
1987 C 14 AM 114 09