2006-063119
Washington County, Oregon 2006-063119 \
`°2612006 10:14:03 AAA
Gnt■1 Btne13 C PREIFER
090100 $6.00 $11.00 - Total a $37.00
After Recording Return Recorded Document to:
00957952200600631190040046
I, Jerry Hanson, DlrectorofAssessment and Taxation
City Records -CitY of Tigard and Ex-Dnclo County Clerk for Washington County,
Oregon, do hereby certify that the within Inatrument of
13125 SW Hall Blvd. writing was rec•I~.d.nd recorded In the book of ;
records of said county. tL~x.1 9.Qh r
Tigard, Oregon 97223 Jerry It Hansen, DlrsdorbLASSSSementond Taxation,
Ex-Offlelo County Clerk
LIMITED LIABILITY COMPANY
Project/File No. 5 bV- 2 GD 4 - 7
EASEMENT
PERMANENT WATERLINE
OT2 LLC, an Oregon limited liability company, hereinafter called the "Grantor,"
grants conveys, and transfer unto the City of Tigard, a municipal corporation of
Washington County, Oregon, hereinafter referred to as "Grantee," its successor and
assigns forever, a nonexclusive permanent easement over and upon the following real
property ("Property"), legally described on Exhibit A, attached hereto and by reference
incorporated herein.
This easement shall be for the construction, maintenance, and repair of an
underground pipeline and/or mains for the purpose of conveying water, ' over, across,
through, and under the Property and shall include the perpetual right to enter upon the
Property at reasonable times, together with the right to excavate and refill ditches for the
location of said pipelines and/or mains, and the further right to remove all obstructions
interfering with the location, construction, and maintenance of said pipeline and/or mains.
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 intent of the easement. Grantee shall defend,
indemnify and hold Grantor harmless from any and all claims and liabilities arising from
Grantee's use of the Property and restore the surface of the Property to its prior condition
following any construction, maintenance or repair activities thereon.
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.
PAGE 1. EASEMENT-PERMANENT WATERLINE.
f
To have and to hold the above-described and granted premises unto said Grantee,
its successors, and assigns forever. This easement grant is made subject to all matters of
record. If legal action is filed to enforce this easement, the prevailing party shall be
entitled to recover its reasonable attorney fees and costs.
IN WITNESS WHEREOF, I hereunto set my hand on this 00~(day of
, 2005.
Zda
OT2 LLC e
Signatur
Authoriz Signatory
633 NW 19th Avenue
Portland, OR 97209-1291
Si ature
Authorized Signatory
STATE OF OREGON )
)SS.
County of 'ftLi t O- m0 ) )
This instrument was acknowledged before me on II I i a i jAf W, 2Q05 (date)
by name(s) of person(s))
and name(s) of person(s)) as
authorized si atories Oregon limited liability c mpan. Q~
QFFI :IAL SEAL (J ronin
JIRGMIA WINEBARGER
NWAR USIJ(;-OREGON Notary19
Ct~,t ktti!!SS{6' N NO. 374V1 My Commission Expires: l 3-fl~
MY ~,OMi iS510N EXPIRES NOV 3, 2007
Accepted on behalf of the City of Tigard this 400* day of 2005.
U ' Manager
PAGE 2. EASEMENT-PERMANENT WATERLINE
Exhibit A -Page 1 of 2
OT2 LLC
Oaktree Apartments-Phase II
Waterline Easement
LEGAL DESCRIPTION
A PIECE OR PARCEL OF LAND LOCATED ON THE WESTERLY SIDE OF S.W. 108T" AVENUE, IN THE
TOWNSHIP OF TIGARD, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF THE LANDS OF OT2 LLC, OAKTREE APARTMENTS;
THENCE ALONG THE WESTERLY SIDE OF SAID S.W. 108TH AVENUES 00°12'04" E 184.94 FEET TO THE
TRUE POINT OR PLACE OF BEGINNING;
THENCE STILL ALONG THE WESTERLY SIDE OF THE SAID S.W. 108TH AVENUE S 00012'04" E 16.38 FEET TO
A POINT; THENCE THROUGH THE SAID LANDS OF OT2 LLC, OAKTREE APARTMENTS S89047'56" W 12.88
FEET, N 00012'04" W 16.38 FEET AND N 89°4T56" E 12.88 FEET TO THE TRUE POINT OR PLACE OF
BEGINNING.
CONTAINING 210 SQUARE FEET OF LAND.
Legal Description
• ~ IBIT A -Page 2 of 2
r
S. W. DURHAM ROAD
POINT OF I
COMMENCEMENT
OT2 LLC `
OAK TREE APARTMENTS
Cl
Z
POINT OF m
BEGINNING N
o C
N89 4 7'56 "E rv m
12.88' o
N00'12'04 "W _
16.38'
L AREA OF
WATER LINE EASEMENT
210 SQ. FT,
S89 4756"W
Z0
N
S
8
SCALE
40 0 20 40 80
(FEET)
1 INCH =40 FT
DESICNm BY.• CHECKED er. 077 LLC
DRAxN APMOVED BY: OAK TREE APARTMENTS - PHASE /1
iASr Ewm- r. PLOT ~.oT DATE.' Dr 9 s ~
h DATE BY Ev RENSION EXHIBIT MAP
WATER LINE EASEMENT
9700 Br Berne. Ad TICARD/WASHINCTON OREGON
9Wts 000
e a.rta e,~aao SCALE:" , PROJECT NO. DRAWWC ME NAME: Q SHEET
(mvm_mm a. 1 = 40 31655 31655-sure-ex01 !
L p J