2006-138854
V - vngton County, Oregon 2006-13885
1 2006 04:49:31 PM
D-r- Cnt=1 Stn=8 C PFEIFER
$35.00 $6.00 $11.00 - Total = $52.00
i
AFTER RECORDING, RETURN TO:
J' 01041361200601388540070076
I, Richard Hobernicht, Director of Assessment end
CITY RECORDER Taxation and Ex-ORiclo County Clerk for Washington
County, Oregon, do hereby certify that the within
CITY OF TIGARD Instrument ofwrlting was received and recorded In the
13125 SW HALL BLVD I book of records or said coin
1 1 TIGARD, OR 97223 Richard Hob , Dirodo of Assessment k and w
1 Taxation, , E x-Ofielo County nty Clark
GRANT OF WATER SERVICE LINE EASEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into the
day of November, 2006, by and among the CITY OF TIGARD, an Oregon municipal
corporation, ("Grantor") and Kim Knudeson and Rebecca Knudeson, husband and wife,
(collectively, "Grantee").
RECITALS
Grantor is the record of owner of that certain real property in the City of Tigard,
Washington County, State of Oregon (the "Grantor Property"), more fully described in Exhibit
"A", attached hereto and incorporated herein by reference; and
a Grantee is the record owner of that certain real property also located in the City of Tigard,
.cc Washington County, State of Oregon, described as 13125 SW Bull Mountain Road (the "Grantee
Property"), more fully described in Exhibit "B" attached hereto and incorporated herein by
reference; and
Grantee is desirous of obtaining from Grantor an easement across the Grantor Property
for an underground water service line across a portion of the Grantor Property, and Grantor is
desirous of providing such an easement to Grantee;
NOW, THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. For valuable consideration received by Grantor, Grantor conveys and
grants to Grantee a permanent perpetual non-exclusive easement (the "Easement") for the
purposes of an existing underground water service.line, under and across that portion of the
Grantor Property described on Exhibit "C" attached hereto and incorporated herein (the
"Easement Area"). The Easement shall benefit and be appurtenant to the Knudeson Property.
2. Grantor's Rights of Use. Grantor shall have the right to use the Easement Area for any and
all purposes not inconsistent with the rights granted herein to Grantee.
3. Maintenance Obli ation. Grantor will maintain the Easement Area and the water line
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serving the Knudeson Property in its present location (the "Maintenance Obligation"). The
Maintenance Obligation shall be a covenant burdening the Grantor Property and benefiting the
Knudeson Property and shall inure to the respective heirs, legal representatives, successors and
assigns of the Knudesons. At Grantor's option, Grantor may relocate the water meter in the
future at Grantor's sole cost and to a location subject to the approval of the owners of the
Knudeson.Property. Grantor and Grantee have agreed that Grantor shall be responsible for
maintenance; repair and replacement of the water service line, and this grant of easement is to
confirm the right of Grantee to have water service through the line maintained within the
Easement Area
4. Time. TIME IS OF THE ESSENCE.of this Agreement.
5. Notice. All notices to be given under this Agreement shall be in writing and shall be
effective when actually delivered. If mailed, notice shall be deemed effective 48 hours after
mailing as registered or certified mail, postage prepaid, directed to the other party at the address
set forth below or such other address as the party may indicate by written notice to the other:
GRANTOR: GRANTEE:
City of Tigard Kim Knudeson and Rebecca Knudeson
Attn: City Manager 13125 SW Bull Mountain Road
13125 SW Hall Blvd Tigard, OR 97224-1740
Tigard, OR 97223
5. This Easement shall be construed according to the laws of the state of Oregon. In the event
action is initiated to enforce or interpret any of the provisions of this Easement, the prevailing party
shall be entitled to an award of its reasonable attorneys fees at trial and appeal. This provision shall
include prevailing fees in any adversary proceeding in bankruptcy, including motions for relief of
stay.
IN WITNESS WHEREOF, the undersigned set his/her hand on this 17 day of
November, 2006.
GRANTOR: GRANTEE:
CITY OF TIGARD,
An Oregon municipal corporation
Kim Knudeson
By-
Name-
C,
Title: Rebecca Knudeson
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STATE OF OREGON }
ss.
County of
This instrument was acknowledged before me November 1 2006, by
(I A N CDSS~f as of the City of Tigard, an Oregon municipal
corporation.
OFFICIAL SEAL
KAREN L FABIO
NOTARY PUBLIC-OREGON d _
COMMISSION NO. 405222
MY COMMISSION EXPIRES MAY 27, 2010 Notary Public for Oregon
My commission expires
Accepted on behalf of the City of Tigard this 2.1 of /VC'JC'mlver , 2006.
CA-t%4 MANA-E3E
OFFICIAL SEAL
STATE OF OREGON ) iro J BENGTSON
) SS. NOTARY PUBLIC-OREGON
COMMISSION N0.368086
&JA~ 1-h MY COMMISSION EXPIRES APR. 27; 2007
County of
This instrument was acknowledged before me November 7 , 2006, by Kim Knudeson and
Rebecca Knudeson.
- Notary Public for Oregon
ROBERT T. HUSTON My commission expires ~
NOTARY PUBLIC-OREGON
COMMISSION NO.3US26
MY COMMISSION EXPIRES OCTOBER 22, 2008
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EXHIBIT "A"
Parcel(s) 2, PARTITION PLAT 2000-086, in the City of Tigard, County of Washington, State of Oregon.
PAGE 1 OF 1
EXHIBIT (CL58)
EXHIBIT "B"
Legal Description:
Parcel 1, PARTITION PLAT NO. 2000-086,. in the City of Tigard, County of
Washington and State of Oregon. TOGETHER WITH an easement for road purposes as
disclosed by documents recorded November 20, 1984 as Fee No. 84045385
EXHIBIT "C"
Permanent Waterline Easement
The easement being more particularly described as follows:
Commencing at the Initial Point described in Partition Plat No. 2000-086 in County Records
as Doc. Number 2000094935, said point being South 41°46' 15" East a distance of 1969.38
Feet from the Northeast Quarter of Section 9; thence North 89°45'47" West a distance of
373.15 feet more or less to a point at the most Northwesterly corner of Parcel 1; thence South
00°O1' 12" East a distance of 132.85 feet more or less along the most Westerly boundary of
Parcel 1 to a point at the most Southwesterly corner of Parcel 1, said point being the TRUE
POINT OF BEGINNING for the said Permanent Waterline Easement; thence North
89058'48" East a distance of 20 feet to a point; thence South 00°O1' 12" East a distance of
132.18 feet to a point- on the most Southerly boundary of Parcel 2; thence North 60°59'55"
West a distance of 23 feet more or less along the most Southerly boundary of Parcel 2 to a
point at the most Southwesterly corner of Parcel 2; thence North 00°O1' 12" West a distance
of 130.39 feet more or less along the most Westerly boundary of Parcel 2 to the TRUE
POINT OF BEGINNING.
See attached Figure 1 for a plan of the above described easement.
CADocuments and SettingMabiok\Local Settingffernporary Internet Files\O ONetes and Bounds.doc
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i ' Q ' RECORDED AS COUNTY 13 g'
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