TWD & City of Tigard - 66th Ave
r After Recording Return Copy of Recorded Lucument to:
City Recorder - City of Tigard
13125 SW Hall Blvd. - Tigard, OR 97223
CORPORATION File No.
EASEMENT
PERMANENT PUBLIC UTILITY
TIGARD WATER DISTRICT. .hereinafter
called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing,
operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove,
as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A", situated in
the City of Tigard, Washington County, State of Oregon.
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 exprey
stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover, provided, however, Oat
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 right 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 assigns
forever.
IN WITNESS WHEREOF, I hereunto set my hand on this day of .19
Tigard Water District
Name of Corporation S gnature
Address Title
Signature
STATE OF OREGON) Title
ss•
County of Washington )
This instrument was acknowledged before me on ~LL ~4 Jq 144 q (date) by _Ae 61
/g^Uk (name(s) of person(s))
as %^A rsa r Wes' i5 fi (type of authority, e.g., officer, trustee, etc.)
Of Visir-kat (name of party on behalf of whom instrument was executed).
OFFICIAL SEAL
CATHERIPIEMIHEATLEY
NOTARY PIJBUC-OREGON No s Signature L 1
COMMISSION NO. 006%6 My Commission Expires:
l 10 s
MY COMMISSION EXPIRES MAY 10, 1995 Y Accepted on behalf of the City of Tigard this day of
NO CHANGE IN TAX STATEMENT City Engineer
EXHIBIT "A"
LEGAL DESCRIPTION
UTILITY EASEMENT
ADJACENT TO TIGARD WATER DISTRICT PARCEL
June 28, 1994
A tract of land in the southeast one-quarter of Section 36, T. 1S., R. 1W., W.M., City of Tigard,
Washington County, Oregon, said tract being more particularly described as follows:
Beginning at the southeast corner of Lot 16, block 4, of the plat of West Portland Heights, a
duly recorded plat in said County; thence N.01°06'00"W. along the East line of said Block 4,
150.00 feet to the northeast corner of Lot 18 of said Block 4; thence N.88°53'00"E. along the
easterly extension of the North line of said Lot 18, 20.00 feet; thence S.01*06'00"E. along a
line parallel to and 20.00 feet easterly of, when measured at right angles to, said East line of
Block 4, 150.00 feet to a point on the easterly extension of the South line of said Block 4;
thence S.88°53'00"W. along said South line, 20.00 feet to the Point of Beginning.
5448\UTILITYLLM I
694.29
.a
INDIVIDUAL File No.:
S
After Recording Return Copy of Recorded Document to:
City Recorder - City of Tigard
13125 S.W. Hall Blvd. - Tigard, OR 97223 NO CHANGE IN TAX STATEMENT
EASEMENT
FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS
RESIDENTIAL USE
THIS PERPETUAL EASEMENT, made and entered into on this , 19
between TIGARD WATER DISTRICT hereinafter called the first party,
and STEPHEN J. ST. CLAIR hereinafter called the second party.
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following described property in the City of
Tigard, County of Washington, State of Oregon, to wit:
1S1 36DD Tax Lot 600
And the second is the owner in fee simple of the following described real property in said City, County,
and State, to wit:
1S1 36DD Tax Lot 100
and said two parcels of real estate adjoin each other,
WHEREAS, the parties desire to grant to each other an easement and right to use the described motor
vehicle driveway now or to be constructed along and upon a portion of both of the parcels in conjunction
with any lawful use.
NOW, THEREFORE, in consideration of each party's granting to the other an easement hereinafter
described, and other valuable consideration each to the other in hand paid, the receipt of which is hereby
acknowledged:
FIRST: First party conveys to second party a perpetual easement for motor vehicle driveway purposes
to use in conjunction with any lawful use along and upon that portion of first party's property described
as follows, to wit: See exhibit "C" attached hereto
SECOND: Second party conveys to the first party a perpetual easement for motor vehicle purposes for
use in conjunction with any lawful use along and upon that portion of second parry's property described
as follows, to wit: N/A
THIRD: It is mutually agreed that each party may use in common with the other party, the whole of said
motor vehicle driveway, including that portion thereof situated on the property of the other party for
ingress and egress of motor vehicle, pedestrians, and uses incidental to any lawful use of the pmperty.
FOURTH: This agreement sl._ _Ad bind and inure to the benefit of, as the ...:umstance may require, not
only the immediate parties hereto, but also to their respective heirs, executors, administrators, and
successors in interest as well.
FIFTH: (Optional) The maintenance shall be a shared responsibility of the parties and each of the parties
shall share the cost of maintaining the easement. The obligation to share maintenance costs shall begin
when the driveway is completed.
SIXTH: (Optional) Each of the parties shall maintain liability insurance which, at a minimum, meet the
standard in the industry for the particular types of uses for which the properties are used. The insurance
policies shall name the owner of the adjoining parcel as an additional insured in connection with the use
of the easement.
SEVENTH: In construing the foregoing agreement, the plural shall mean and include the singular
whenever the context so requires.
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument on this, the day and year
first written hereinabove.
Gran s Signatu tor's Si 1.2,2,0a %A41-tj
Address Addre
0'9,t2 A.Z.
STATE OF OREGON )
) ss..
County of Washington )
This instrum t was acknowledged before me on `7 (date) by. IV 69
(name of person(s)).
OFFICIAL s~►L
"HE F. AYALA
NOTARY PUBLI C -OREGON Notary's Si Lure
COMMISSION N0.01T519
MY COMMISSION EXPIRES G. 1% 1"s Commission Expires:
~:cccc~
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on c.~ltll.~ ~q . 1444 (date) by: ~J•
rC M-L (name of person(s)).
OFFICIAL SEAL
CATHERINE WHEATL.EY
NOTARY PUBLIC-OREGON
COMMISSION NO.00WW Notary's Signature
MY COMMISSION EXPIRES MAY 10,1995 q_
My Commission Expires: ( V l
EXHIBIT "C"
LEGAL DESCRIPTION
FOR THE BENEFIT OF THE DEED BOOK 1115 PAGE 98 PARCEL
June 28, 1994
A tract of land in the southeast one-quarter of Section 36, TAS., R.1W., W.M., City of
Tigard, Washington County, Oregon, said tract being more particularly described as follows:
Beginning at the southeast corner of Lot 16, block 4, of the plat of West Portland Heights,
a duly recorded plat in said County; thence N.01°06'00"W. along the East line of said Block
4, 150.00 feet to the northeast corner of Lot 18 of said Block 4; thence N.88°53'00"E. along
the easterly extension of the North line of said Lot 18, 30.00 feet to a point on the West
line of Interstate Highway Number 5; thence S.01°06'00"E. along said West line, 150.00 feet
to a point on the easterly extension of the South line ' of said Block 4; thence S.88°53'00"W.
along said South line, 30.00 feet to the Point of Beginning.
54481UTn TY2.LGL 1
794.8
7
CITY OF TIGARD, OREGON
ORDINANCE NO. 871-C-1
AN ORDINANCE VACATING A PORTION OF SW 66TH AVENUE (FROM SW ATLANTA STREET TO
SW SAYLOR STREET) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Tigard City Council initiated this vacation request pursuant to
Section 15.08.040 of the Tigard Mu..:-.pal Code; and
WHEREAS., the reason and purpose for this vacation is to return a portion of SW
66th Avenue to private ownership facilitating future development; and
I EAEAS, '.-.e vai.atior, it r econananied by the Planning Comrmissiun anci 'the
Department of Community Development; and
WHEREAS, in accordance with ORS 271.100, and TMC Section 15.08.110, the
Council fixed a time and place for the public hearing and the Recorder
published notice and posted notice in the area to be vacated; and
WHEREAS, notice has been mailed to all property owners abutting said vacation
area and all owners in the affected area, as described in ORS 271.080; and
WHEREAS, the Council, having held a hearing on February 23, 1987, finds the
public interest will not be prejudiced by the vacation as provided by ORS
C , 271.120 and TMC Section 15.08.130; and
WHEREAS, the Council finds that it is in the public interest to approve the
request to vacate a portion of SW 66th Avenue right-of-way because the public
interest will not be prejudiced; and
WHEREAS., the Council finds that the following conditions are necessary to
vacate said land:
1. That the southerly 60 feet of the proposed vacation not be
vacated for traffic circulation and street improvement reasons
as stated earlier. The revised area to be vacated being shown
in Exhibit "B."
.ti
2. Subject to adequate land being vacated to the Tigard Water
District, a private easement for ingress and egress be granted
to the northerly abutting property owner (single family
residence) from the southerly abutting property owner (Tigard
Water District). The easement document and area description, as
r. mutually agreed upon by the owners of Tax Lot 100 and Tax Lot
a ' 600, to be approved by the City Attorney and Engineering
3. That a 20-foot wide easement be retained to the benefit
%grantee) of Metzger Water District and Portland General
Electric for the operation and maintenance of their services
?r,- over the west 20 feet of the area to be vacated.
t.
ORDINANCE 00. 87- V1
Page 1
4. The vacation shall not be effective until the effective date of
this ordinance, and a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor. '
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Tigard Ciiy Council herety orders the vacation of a portion of
SW 66th Avenue (from ALlanta Street thr)ugh its intersection with. SSW Saylor
Street) as described on the attached Ex Abit "A" and shown on the attached
Exhibit "B", and,by this reference made par-t-_ hereof.
Section 2: The Tigard City Council further orders that the vacation be
subject to the following condition:
1. That the southerly 60 feet of the proposed vacation not be
vacated for traffic circulation and street improvement reasons
as stated earlier. The revised area to be vacated being shown
in Exhibit "B."
2. Subject to adequate land being vacated to the Tigard Water
District, a private easement for ingress and egress be granted
too •:ie northerly abutting property owner (single family
residence) from the southerly abutting property owner (Tigard
Water District). The easement document and area description, as
mutually agreed upon. by the owners of Tax Lot 100 and Tax :.ot
600, to be approved by the City Attorney and Engineering
Division.
3. That a 20-foot wide easement be retained to the benefit
(grantee) of Metzger Water District and Portland General ,x
Electric for the operation and maintenance of their services
over the west 20 feet of the area to be vacated.
4. The vacation shall not be effective until the effective date of
this ordinance, and a certified copy of this ordinance has been
recorded with the Washington County Clerk, Assessor, and
Surveyor.
Section 3: In no situation shall this ordinance be effective until the 31st
day after its enactment by the City Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present after
being read by number and title only, this 23rd day
of February 1987.
y
.q
Gt,~%l 't c~v o ..G(?
Eerieen-0: Wilson, -$i-t
Catherine Wheatley. Deputy Recorder
APPROVED: This 23rd day of February 1987. '
Thomas Brian, Mayor
RC:cn/0670W
ORDINANCE NO- 27-0'7
EXHIBIT "A"
A tract of land located in the southeast quarter of Section 36, Township 1
South, Range i West, Willamet'.e Meridian, City of Tigard, Washington County,
Oregon, more particularly described as follows:
Beginning at the northeast corner of Lot 24, Block 4, West Portland
Heights, a recorded plat, Washington County Plat Records; thence South 010 06'
East, on the east line of said Block 4 and its southerly extension, 356.9 feet
to the northeast corner of Block 7, said West Portland Heights; thence North
88° 53' East approximately 70 feet to the west right-of-way line of Interstate
Highway ho: 5; thence North, on said west right-of-way line, approximately 60
feet to the easterly extension of the north right-of-way line of S.W. Baylor
Street; thence South 880 53' West on said easterly extension approximately 10
i.
feet to. the east right-of-way lane of S.W. 66th Avenue; thence North 010 06'
% West on said east right-of-way i:ne, 308.9 feet to the easterly extension of
the north. line of said Block 4; thence South Be* 53' West on said easterly
extension, 60 feet to the point of beginniry, containing approximately .52
acres.
JI
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• EXHIBIT "B"
A tract of land located in the southeast quarter of Section 36, Township 1
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,
Oregon, more particularly described -vilows:
Beginning at the northeast. corn.- of Lot 24, Block 4, West Portland
Heights, a recorded plat, Washington County Plat Records; thence South 010 06'
East, on the east line of said Block 4, 306.9 feet to the southeast corner of
said Block 4, said West Portland Heights; thence North 880 53' East
approximately 60 feet to the west right-of-way line of Interstate Highway
to. 5; said line being also the east right-of-way line of S.W. 66th Avenue;
thence. North, on said west right-of-way line, North 010 06' West 308.9 feet to
the easterly extension of the north line of said Block 4; thence South 880 53'
West on said easterly extension to the point of beginning.
0670W
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