2000-082509
STATE OF OREGON
- After Recording Return Recorded Document for County of Washington SS
City Records - City of Tigard I, Jerry of Assess-
ment and o County
2-5 13125 SW Hall Blvd. - Tigard, OR 97223 Clerk for rtify that
to the wit ' eived
and " f ! f said
INDIVIDUAL county
Project File No. 99-2938~`w, #*k
irector of
k ation, Ex-
jerk
EASEMENT
Doc 2000082509
Rect: 264703 42.00
PERMANENT 10/10/2000 04:28:26pm
WATERLINE
OPUS NORTHWEST, L.L.C., a Delaware limited liability company, hereinafter called the
"Grantor", grants, conveys, and transfers unto the City of Tigard, a municipal corporation of
Washington County, Oregon hereinafter referred to as "Grantee", its successors and assigns
forever, a permanent easement over and upon the following described real property, to wit:
SEE EXHIBIT "A"
This easement shall be for the construction, maintenance, and repair of an underground pipeline
and/or main for the purpose of conveying water under the hereinabove described real property
and shall include the pe.retual right to enter upon said real property at reasonable times; together
with the right to excavate and refill ditches for the location of said pipelines and/or main, and the
further right to remove all obstructions interfering with the location, construction, and
maintenance of said pipeline and/or main, subject to the terms and provisions of this easement.
The true consideration for this conveyance is $0.00. However, the actual consideration consists
of or includes other property or value given or promised which is the whole consideration.
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 Grantor, from the full use and
dominion thereover; provided, however, that such use shall not interfere with the uses and
purposes of the easement. Grantor and its successors and assigns are not restricted from placing
improvements on the Property from time to time including, without limitation, landscaping,
paving, and fencing.
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 Grantor, its successors and assigns in
the case of such event.
To have and to hold the above-described and granted easement unto said Grantee, its successors,
and assigns forever.
I
a C
If Grantee or its employees or contractors damage the property or Grantor's improvements on the
property, Grantee shall promptly repair the damage and restore the affected property and
improvements to the condition they were in immediately prior to the damage. In the event any
claim or proceeding is instituted to enforce or interpret the provisions of this Easement, the
prevailing party shall be entitled to recover from the losing party its costs and attorneys' fees
incurred in connection with such claim or proceeding and any appeal or review thereof.
IN WITNESS WHEREOF, I hereunto set my hand on this CFA day of -A-r4e, 2000.
OPUS NORTHWEST, L.L.C.,
a Delaware 1' ited liability co any
By
Its: u
STATE OF I Vet-0(&4-
County of l - , •
This instrument was acknowledged before one on °ate^N,•
a~•••-.40 ~ ~atrt,~•,, s , tl~ c~loT p * *
of Opus Northwest, L.L.C., on behalf of thezlimited liability company.
°UBU i
15
J Notary's Signature •'••..,..WA . •
My Commission Expires: 66
p~
ACCEPTED ON BEHALF OF THE CITY OF TIGARD this 5 day of , 2000.
r
r Signature
1 f - Typed Name
Title
* August 8, 2000
Vice President
2
STATE OF D(?j(s0/) )
County of f 51( 4s1 )
On this day personally appeared before me t o
be known to be the individual, who executed the within and foregoing instrument, and
acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses
and oses therein mentioned. Given under my hand and official seal this '5_
day of
2000
OFFICIAL SEAL of in and f e Sta e o
NANCY L JOHNSON My Commission Exp es: )v
NOTARY PUBLIC-OREGON
COMMISSION NO. 080098
MY COMMISSION EXPIRES DECEMBER 18, 2000
3
• I
REGISTERED
Weddle & Associates, Inc. PROFESSIONAL
- ' Professional Land Surveyors LAND SURVEYOR
1750 S.W. Skyline Blvd., Suite 105
Portland, Oregon 97221 /
~yE00LFd OFFICE (503) 292-8083 - TOLL FREE (888) 222-8083 OREGON
ot~Sg~o"" FAX (503) 292-0938 JANUARY 21. 1997
4~ :o C. R. PELSER
EGO 2801
4s rVAVEIOPS`~~. ExP/^GS I Z -3I - ZOCC~
spCIATtis
I
LEGAL DESCRIPTION
Job Number 99-2938
February 9, 2000
P.U.E. - City of Tigard
EXHIBIT "A"
An easement for purposes of repairing and maintaining a public waterline under a strip of
land in the Northwest Quarter of Section 13, Township 2 South, Range 1 West, of the
Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon,
more particularly described as follows:
Beginning at the intersection of the southerly right of way line of S.W. Durham Road
(County Road No. A-130) with the line common to that tract of land granted to David G.
Metzger and Dianne S. Metzger in the Deed recorded as Document Number 83008504
and the tract of land granted in the "Agreement to Correct Deeds" recorded as Document
Number 98110241, Washington County Deed Records; thence along said southerly right
of way line along the arc of a non-tangent 537.96 foot. radius curve to the left from a
radial bearing of North 25°38'35" East, along an are length of 69.07 feet through a
central angle of 7°21'24", (a long chord of South 60°40'43'T-ast, 69.03 feet); thence
continuing along said right of way line South 57°00'01" East, 451.14 feet; thence along
said right of way line and its southwesterly extension South 32059159" West, 10.00 feet;
thence parallel with and 10.00 feet southwesterly from said right of way line North
57000'01" West, 451.14 feet to the beginning of a 527.96 foot radius curve to the.left;
thence along the are of said curve 63.28 feet through a central angle of 6°52'03" ( a long
chord of North 60°26'02" West, 63.24 feet) to the line common to the first above
mentioned tracts; thence along said line North 1'25'11" East 10.99 feet to the point of
beginning.
Containing 5173 square feet.
EXHIBIT MAP
PERMANENT WATERLINE EASEMENT
QUWm lit
Comm NE 1/4, NW 1/4, SEC. 13, T.2S., R.1 W., W.M.
o = 7,21,24„ - 9 City of Tigard, Washington County
R = 537.96' Oregon
L = 69.07' . For:
CH = S60°40'43"E 69.03'
OPUS Northwest, L.L.C.
P.O.B. ' %nor
;r
N 01°25'11 E .
10.99' I♦~ SS m
r, I A = 6052'03" • ♦ ~°jpd, ~C ~1~. t~
I R - 527.96' 0
I L = 63.26' ~F~~~?
I CH - N60e26'02"W S~ • rn
I 63.24' `~7lp0 • s~ j
PARCEL V ~k ( a
{
1
%
TAX LOT 200, 251 1780 I 6AX t Of 200, P91 138 ♦ ♦ ` u ~OWNER: I W1ME18tiple rA10LY TRUST ET. AL
UMR , METZM I DOCUMENT 00110241 ♦
DOCUMENT WOO&3a I ♦ • % 0 SCALE 1 100'
o e D ASj ~ ~ `
0Dr I•--- i.0:0. 000!( 150. FW 452
..e o N 06'11'OYTs 354• P.O.B. PARCEL N 1t'
so= Wan
W000 raw
""I W/Wsmm
»te sr. ouwtwr .o. 'tb.
10 FOOT WIDE PUBLIC ~,1 S p'
PARCEL II UTILITY EASEMENT
ME►N.ESDO.
I/
Surveyor: ~
Weddle & ASSOC., Inc. REGISTERED ~ of 7000.
1'750 SW Skyline Blvd. PROFESSIONAL ~ 18 ORMW NO,
Suite 105 LAND SURVEYOR ~ of
Portland, OR 97221-2544
GREO
5 0 3 292-80,83 JANUARY G
C1,, 1997 i i
C.R. PELSER
1-888-222-8083 p 2801
Fax: (503) 292-0938 EXPIRES DECEMBER 31, 2000 i
JOB NUMBER 2938EXB1