87-052055
- : 8703078;0
• 8
CORPORATION
S PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT
ALBERTSON'S, INC.
hereinafter called the Grantors, in consideration for the sum of.
j One
dollars 1. 00 ) from he 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 Schedule I attached hereto and incorporated herein by this
reference.
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 aseigns forever.
IN WITNESS WHEREOF, the undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of it Board of Directors.
The Easement Addendum attached hereto is incorporated herein
by this reference. _ Albertson's, Inc..
Name of Corporation
Corporate-Seal
By:
Senior Vice President
-STATE OF IDAHO ) By: d
} ss. S retarq
County of Ada )
On this day of _ JL0i_VW_ 1987, before me, the
undersigned,. a Notary Public in and -for said State, personally appeared
Thomas R. Saldin and Minnie O. Armstrong, . to me known to be the Senior Vice
President and..the'Secretary, respectivelyof- Albertson's,. Inc., the corporation
that executed the foregoing instrument, and, acknowledged . to me that the said
instrument is the free and voluntary act-.and deed. of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument and that the seal affixed is the
corporate seal of 'said corporation.
WITNESS MY HAND and official seal hereto affixed the day, month
and year in this certificate first above written.
My„_oo rtss~(in expires
v-1 sovy~ C%t"
of y Public in and for the
~tat of Idaho.
Residing at Boise, Idaho.
^ r y..J.
Approved this h day of l?c &_4e w 19 - -
DEPARTMENT OF COMMUNITY DEVELOPMENT
By.:
/-3 Title: ~,,.e-eC_A t W C~+ trsryY~y ~
RC : cn/ 27 60P .-J
FORM1 Form 2-3-2
9/23/86
EASEMENT ADDENDUM
Grantor: Albertson's, Inc.
Grantee: City of Tigard
Instrument Date: June , 1987
Anything in this instrument to the contrary notwithstanding, Grantee by
recording this instrument and/or exercising the rights herein granted agrees to
• the following conditions:
(a) The easement(s) herein granted are subject to all easements and
encumbrances of record and are non-exclusive provided later granted
easements shall be subject to Grantee's rights and uses.
(b) All lines, equipment and their related components and supports placed
within the described easement area(s) by Grantee,_ or Grantee's agents or
contractors, pursuant to this instrument ("Grantee's Property") shall
remain the property of Grantee.
(c) Grantor and its successors and assigns retain the. right to full use of
the surface of the described easement area(s) except where Grantee has
placed Grantee's Property, provided, however, Grantor will not erect any
building or major structure within the described easement area(s).
(d) Grantee shall at all times safely operate -and maintain Grantee's
Property within the described easement area(s) and shall promptly repair
and restore to its prior condition any paving, parking lot striping or other
improvements, except planters, light standards, buildings and other major
structures, existing within the described easement area(s) which are
disturbed by the construction or maintenance of Grantee's Property by
Grantee, or Grantee's agents or contractors.
(e) Grantee shall not in the exercise of the within easement(s)
unreasonably interfere or obstruct Grantor, or Grantor's agents or
contractors, in the location or construction of any buildings located in the
area adjoining the described easement area(s), or unreasonably interfere
with any business of Grantor. Nothing in this Paragraph (e), however,
shall allow Grantor or Grantor's agents or contractors to construct a
building or other structure within the described easement area as provided
in Paragraph (c) herein, or to unreasonably interfere with Grantee's
rights to construct, operate and maintain Grantee's Property hereunder.
(f) After recording this instrument, Grantee shall provide Grantor with
the date, instrument number, book and page of recording.
,
SCHEDULE I
PERMANENT STORM DRAINAGE EASEMENT
Legal Description
A 20.00 foot wide storm sewer easement, the South line of which is desc-
ribed as follows:
Beginning at a point on the East line of Lot 19, WILLOTI BROOK FARM,
as said subdivision is platted and recorded in Book of Town Plats for
[•'ashington County, Oregon, which point bears South 00°09'02" East 1.90.00
feet from the Northeast corner of said Lot; Thence North 89°58'42" idest
30.00 feet to the TRITE POINT OF BEGINNING; Thence North 89°5842" West
170.00 feet to the point of terminus.
AFTER RECORDING RETURN TO:
CITY RECORDER
CITY OF TIGARD
P 0 BOX 23397
TIGARD OR 97223
STATE OF OREGON
County of Washington SS STATE OF OREGON l SS
unty of Washington f
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con- I, onald W. Mason, Director of Assessment
veyances for said county, do hereby certify that and T lion and Ex-Officio Recorder of Con-
the within instrument of writing was received veyances r said county, do hereby certify that
and recorded in book of records of said county. the within i rument of writing was received
and recorded i book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex- Do Id W. Mason, Director of
Officio County Clerk Ass ment and Taxation, Ex-
officio unty Clerk
1987 OCT 14 AM 11: 10
1987 JUN 16 PM 3: 8