92-017334
32017334
1g Vfthtn" Coanty
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WATER UNE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Dmma Brothers Properties, an Oregon partnership,
hereinafter referred to as "Grantors", for and in consideration of the sum of FIVE THOUSAND AND N01100
DOLLARS ($5,000.00), the receipt of which is hereby acknowledged, and in consideration of the Districts
additional agreements and covenants in respect to construction of the water line, as shown on Exhibit "A"
attached hereto and incorporated.herin by reference, all consideration and agreements, made and paid by
Tigard Water District, a municipal corporation of Washington County, Oregon, hereinafter referred to as
"Grantee", do hereby grant, bargain, sell, convey and transfer unto Grantee, its successors and assigns forever,
permanent e.wenment over and upon the fallowing described real property, to wit:
A strip of land situated in the Northeast one-quarter of Section 10, Township 2 South, Range
1 West, of the Willamette Meridian, in Washington County, Oregon, more particularly
described as follows:
Beginning at the intersection of the northwesterly line of Southwest Pacific Highway with the
northeasterly line of Southwest Gaarde Street; thence North 56°46'19", West along said northeasterly
line, a distance of 30.00 feet to a point; thence North 37°53'00" East, a distance of 10.00 feet to a
point of curvature in a line parallel with and 30.00 feet Northeasterly of (when measured at right
angles to) the centerline of said Southwest Gaarde Street, which point is the true point of beginning
of the easement boundaries to be described.
Thence North 37°28'00" East, a distance of 294 feet, more or less, to a point in the north line of said
Section 10; thence South 89°56'00 East, along said north line, a distance of 21 feet, more or less, to
a point in the northwesterly line of said Southwest Pacific Highway; thence Southwesterly, along said
northwesterly line, and along the arc of a spiral curve, a distance of 163.66 feet, more or less, to an
angle point in said northwesterly line; thence South 56°46'19" East, a distance of 10.00 feet to an angle
point in said northwesterly line; thence Southwesterly, along said northwesterly line, and along the
arc of a spiral curve the chord of which bears South 37°28'00" West, a distance of 127 feet, more or
less, to a point of curvature; thence Southwesterly, along the arc of a 32.00 foot radius curve to the
right, through a central angle of 60°50'58", an arc distance of 33.98 feet (the chord bears South
87°11'48" East, 32.41 feet) to the true point of beginning.
Except therefrom, the north westerly five feet of the south westerly 130 feet of the above described
easement area.
Together with a temporary construction easement, twenty feet..in width, lying parallel to the above described
property on the west. Said temporary easement shall terminate at the conclusion of the project.
This easement shall be for the construction, maintenance and repair of an underground pipeline and/or mains
for the purpose of conveying water through and under the hereinabove described real property and shall
include the perpetual right to enter upon said real property at reasonable times 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 pipelines and/or mains.
Grantors do hereby covenant with Grantee that they are lawfully seized and possessed of the hereinabove
described real property, and that they have a lawful right to convey same, and that they or their heirs,
executors, administrators and assigns, will warrant and forever defend the title thereto against the lawful claims
of all persons whomsoever.
Page 2
EasementWanna.3
Grantee, its successors and assigns, does hereby covenant that it shall restore
said property to its original condition as nearly as is practicable upon completion of construction and upon
completion of any subsequent maintenance and repair work.
Grantee will hold harmless the Grantor, their heirs and assigns from claims for injury to person or property
as a result of the negligence of the Grantee, its agents or employees in the construction, operation, or
maintenance of said water line.
TO HAVE AND TO HOLD said easement and right-of-way unto Grantee and unto its successors and assigns
forever.
This easement is a covenant running with the land.
DANNA BROTHERS PROPERTIES
9-30 JV ,c '~~z- sts~ ¢
Date Gerald S. Danna, Partner
Date J eph T. Danna, Partner
STATE OF OREGON )
County of Multnomah )
On this 30 day of revnG-w 1991, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared the within named Gerald S. Dana and Joseph T.
Dania, who on the basis of satisfactory evidence are known to be the persons whose names are subscribed to
the within instrument and acknowledged that they executed the-same freely and voluntarily for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above
written.
Notary Public for Oregon
My Commission Expires: T'~
After recording return to:
John T. Miller, Administrator OFFICIAL SEAL
Tigard Water District NO IDAVIO UCN~GON
8777 SW Burnham St. f COMMISSION N0.0049gt
PO Box 230000 MY COMMISSION EXPIRES APR. 05,1955
Tigard, Oregon 97223-9917
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STATE OF OREGON 1 SS
County of Washington J
- I, Jerry R. Hans or of Assessment
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Doc 9201.7334
Rect: 73461 23.00.
03/19/1992 10:27:06AK
MEMO
DATE: October 1, 1991 Parcel: 1
TO: Mr. John Miller, Administrator
ADDRESS: Tigard Water District.
P.O. Box 230000
Tigard, OR 97223-9917
FROM: Right-of-Way Associates, Inc.
PROJECT: Gaarde Street Extension
SUBJECT: Transmittal of executed documents
Attached is the original Waterline Easement executed by Joseph T. Danna and
Gerald S. Danna to obtain rights required.for the above referenced project.
The easement has already been paid for by the District. Payment in the amount of
$4,157.00 for costs Danna Brothers incurred as a result of the project should be
issued to Danna Brothers Properties and sent the address shown below.
Dann Brothers Properties
9800 SE Stark St.
Portland, Or 97216.
If there are any questions or concerns, we are at your service.
WATM LINE FASE34ENT
KNOW ALL MEN BY THESE PRESENTS, that Danma Bwdkm Prnpeaties, an Oregon partnership,
hereinafter referred to as "Grantors", for and in consideration of the sum of FIVE THOUSAND AND N01100
DOLLARS ($5,000.00), the receipt of which is hereby acknowledged, and in consideration of the Districts
additional agreements and covenants in respect to construction of the water line, as shown on Exhibit "A"
attached,hereto and incorporated herin by reference, all consideration and agreements, made and paid by
I%ud Water Disi, a municipal corporation of Washington County, Oregon, hereinafter referred to as
"Grantee", do hereby grant, bargain, sell, convey and transfer unto Grantee, its successors and assigns forever,
a permanent easement over and upon the following described real property, to wit:
A strip of land situated in the Northeast one-quarter of Section 10, Township 2 South, Range
1 West, of the Willamette Meridian, in Washington County, Oregon, more particularly
described as follows:
Beginning at the intersection of the northwesterly line of Southwest Pacific Highway with the
northeasterly line of Southwest Gaarde Street; thence North 56°46'19", West along said northeasterly
line, a distance of 30.00 feet to a point; thence North 37°53'00" East, a distance of 10.00 feet to a
point of curvature in a line parallel with and 30.00 feet Northeasterly of (when measured at right
angles to) the centerline of said Southwest Gaarde Street, which point is the true point of beginning
of the easement boundaries to be described.
Thence North 37°28W East, a distance of 294 feet, more or less, to a point in the north line of said.
Section 10; thence South 89°56'00" East, along said north line, a distance of 21 feet, more or less, to
a point in the northwesterly line of said Southwest Pacific Highway; thence Southwesterly, along said
northwesterly line, and along the arc of a spiral curve, a distance of 163.66 feet, more or less, to an
angle point in said northwesterly line; thence South 56°46'19" East, a distance of 10.00 feet to an angle
point in said northwesterly line; thence Southwesterly, along said northwesterly line, and along the
arc of a spiral curve the chord of which bears South 37°28'00" West, a distance of 127 feet, more or
less, to a point of curvature; thence Southwesterly, along the arc of a 32.094oot radius curve to the
right, through a central angle of 60°50'58", an arc distance of 33.98 feet (the chord bears South
87011'48" East, 32.41 feet) to the true point of beginning
Except therefrom, the north westerly five feet of the south westerly 130 feet of the above described
easement area
Together with a temporary construction easement, twenty feet in width, lying parallel to the above described
property on the west. Said temporary easement shall terminate at the conclusion of the project.
This easement shall be for the construction, maintenance and repair of an underground pipeline and/or mains
for the purpose of conveying water through and under the hereinabove described teal property and shall
include the perpetual right to enter upon said real property at reasonable times 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 pipelines and/or mains.
Grantors do hereby covenant with Grantee that they are lawfully seized and possessed of the heremabove
described real property, and that they have a lawful right to convey same, and that they or their heirs,
executors, administrators and assigns, will warrant and forever defend the title thereto against the lawful claims
of all persons whomsoever.
Page 2
EssementWanna3
Grantee, its successors and assigns, does hereby covenant that it shall restore
said property to its original condition as nearly as is practicable upon completion of construction and upon
completion of any subsequent maintenance and repair work.
Grantee will hold harmless the Grantor, their heirs and assigns from claims for injury to person or property
as a result of the negligence of the Grantee, its agents or employees.in the construction, operation, or
maintenance of said water line.
TO HAVE AND TO HOLD said easement and right-of=way unto Grantee and unto its successors and assigns
forever.
This easement is a covenant running with the land
DANNA BROTHERS PROPERTIES
9-3c)-
Date Gerald S. Danna, Partner
Date J ph T. Dana, Partner
STATE OF OREGON )
County of Multnomah )
On this day of Tt m G.~;.- 1991, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared the within named Geld & Danny and Joseph T.
Dania, who on the basis of satisfactory evidence are known to be the persons whose names are subsmffied to
the within instrument and acknowledged that they executed the same freely and voluntarily for the purposes
therein contained..
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above
written.
n ~
Notary Public for Oregon
My Commission Expire: S S
After recording return to:
John T. Miller, Administrator OFFICIAL SEAL.
Tigard Water District R. DAVID FEINAUk19
r{ NOTARY PUBLIC - OREGON
8777 SW Burnham St. COMMISSION N0004981
PO Box 230000 MY COIr[MtS313N EXPIAeS iiR. 05, t955
Tigard, Oregon 97223-9917 ~`r` -
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EASEMENT TAX LOT 2800 DISTRICT
SCALE 1"-50'
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