2005-052009
Washingr 'rutty, Oregon 2005-052009
~j 05110120. x:27:06 AAA -
O-E Cfrt=1 $M=T K ORUNEWALD
$25.00 $6.00 $11.00 -Total =542.00
\l AFTER RECORDING, RETURN TO:
City Mall Records Department
City of Tigard oo767zss2oo5oo5zoogoosoo5o
x3a11 I, Jerry Hanson, Dlraetor ofAsaesamsrd and Taxation
13125 SW I Boulevard and Ex-ORlelo County Clerk for Whohlnpton County,
Tigard, Oregon 97223 writing, do hereby d cedifV and that dthe ewithin Instrument or
writing was received and recorded In the book of ; . .
records of said county. , J } ::,k
Jerry R Hanson, Director sssesment and Taxation,
File No.: 37-007-10 Ex-Of cloCountyClerk
GRANT OF EASEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into
the /.A day of rf / , 2005, by and among IOAN SIMON and MARIA
SIMON, poration, ("Grantor") and THE CITY OF TIGARD, an Oregon municipal corporation
(collectively, "Grantee");
WITNESSETH
WHEREAS, Grantor is the record of owner of that certain real property in the City of
Tigard, Washington County, State of Oregon (the "Grantor Parcel"), more fully described in
Exhibit "A", attached hereto and incorporated herein by reference; and
WHEREAS, Grantee is in the process of improving SW 121' Avenue and SW Gaarde
Street (the "Project") in the vicinity of the Grantor Parcel; and
WHEREAS, In order to construct the Project, Grantee is desirous of obtaining an
easement from Grantor for slope protection and installment of an above-grade secondary junction
box, and Grantor is desirous of providing such an easement to Grantee;
NOW, THEREFORE, the parties hereto agree as follows:
I . Grant of Easement. Grantor conveys and grants to Grantee an exclusive,
permanent easement (the "Easement") approximately three (3) feet in width and seven (7) feet in
length for the purposes of construction, reconstruction, installation and maintenance of an above
grade secondary junction box and slope protection, maintenance, landscaping and related uses,
and for no other purposes, on, over, under and across that portion of the Grantor Parcel described
on Exhibit "B" attached hereto and incorporated herein (the "Easement Area").
2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has
the right to convey the Easement and quiet possession for the uses to be made of the Easement
Area by Grantee as set forth in this instrument, subject to all prior easements and encumbrances of
record.
1052009
3. Grantee's Access Rights. Grantee, and Grantee's agents, employees, and
independent contractors shall have the right to enter upon the Easement Area for the purposes set
forth in this Agreement.
4. Maintenance. Grantee shall maintain and care for all improvements to be installed
in the Easement Area at Grantee's sole cost and expense. Grantee shall replace or restore to their
original condition all areas of the Grantor Parcel which are damaged, disturbed or destroyed by
reason of the activities of Grantee and Grantee's employees, agents, representatives, contractors
and invitees pursuant to the terms of this Agreement
5. Legal Effect. This Agreement and the Easement burden the Grantor Parcel, run
with the land, and are binding upon and inure to the benefit of the parties hereto, and their
respective heirs, personal representatives, successors and assigns.
6. Attorneys' Fees. In the event suit or action, including action pursuant to
bankruptcy laws, is instituted to interpret or enforce the terms of this Agreement, the prevailing
party shall be entitled to recover from the other party such sums as the court may adjudge
reasonable as attorneys' fees at trial and on appeal and review of such suit or action, in addition to
all other relief that may be available.
7. Recording. The fully executed original of this Easement shall be duly recorded in
the Deed Records of Washington County, Oregon.
IO SI 40N MARIA SIMON
STATE OF OREGON )
) ss
County of )
a
This instrume{~t w acknowledged before me on this day of.
,
2005, by
N TAR PUBLIC for Oregon J
osEAL My commission expires:
NANCY A. BATCHEL OR
NOTARY PUEIUC-OREGON
COMMISSION No. 383690
IWMY CONM EXPIRES OCTOBER 1i5.2008
• 1111111 1111111 111111 IIII 1 i°• \ ,
2005-52009
STATE OF OREGON )
ss
County of )
This instrument was AMIedgedbefore on this day of2005, by 5 I N~ i
sE
AML AL
NANCY A. BATCHELOR NO ARY UBLIC for Oregon
NOTARY PUBLIC-OREGON My commission expires: / b ! 1 S C.
COMMISSION N0.383690
MY COMMISSION EXPIRES OCTOBER 15, 2008
Accepted on behalf of the City of Tigard this l 2 day of _ A Pe -t , 2005.
Ci gineer
2005-52009
EXHIBIT A
RIGHT-OF-WAY DEDICATION
A tract of land for right-0f--way dedication across those certain lands described in deed recorded
in Fee No. 94060750, Washington County Deed Records, being a part of Lot 20 of "Colonial
View" a duly recorded subdivision in Book 18 Page 14, Washington County Plat Records; being
in the southwest quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian,'
City of Tigard, Washington County Oregon. Said tract being described by metes and bounds as
follows:
Beginning at the intersection of the north right-of-way line of SW Gaarde Street (25.feet from
existing center line) and the east right-of-way line of SW 121St Avenue (25 feet from existing
center line); thence along said east right-of-way line, North 00° 39' 35" East a.distance of 130.00
feet to the west line of said Fee No. 94060750; thence along said west line North 89° 10' 00" East
a distance of 2.00 feet; thence South 00° 39' 35" West a distance of 86.60 feet; thence South 20°
42' 56" East a distance of 17.41 feet to a non-tangent curve concave northeasterly; thence along,
said curve (radius = 30.00; central angle = 28° 37' 00"; chord bearing and distance =-South 45°
06' 49" East, 14.83 feet) an arc length of 14.98 feet; thence South 69° 30' 17" East a distance of
14.84 feet; thence North 89° 10' 00" East a distance of 78.26 feet; thence South 86° 46' 55" East
a distance of 3.42 feet to the east line of said Fee No. 94060750; thence:along said east line,
South 00° 04' 00" East a distance of 10.76 feet to said existing north right-of-way line of SW
Gaarde Street; thence along said north right-of-way line, South 89° 10' 00" West a distance of
114.76 feet to the Point of Beginning.
Containing an area of 1,796 square, feet of land, more or less.
SLOPE AND UTILITY EASEMENT
A tract of land for slope and utility easement across those certain lands of James M. Poling and
Carole-J. Poling described in deed recorded in Fee No. 94060750, Washington County Deed
'Records, being a part of Lot 11 of "Colonial View" a duly recorded subdivision in Book 18 Page
14, Washington County Plat Records; being in the southwest quarter of Section 3, Township 2
South, Range 1 West, Willamette Meridian, City of Tigard, Washington County Oregon. Said
tract being described by metes and bounds as follows:
Commencing, at the southwest corner of said Fee No. 94060750, being in the north right-of-way
line of SW Gaarde Street (25 feet from existing center line); thence along the west line of said
Fee No. 94060750, North 007 04' 00" West a distance of 10.76 feet to the Point of Beginning of
the herein described easement; thence North 86° 46' 55" West a distance of 2.77 feet; thence
North 00° 50' 00" West a distance of 7.04 feet; thence North 89° 10' 00" East a distance of 2.86
feet to said west line of Fee No. 94060750; thence along said west line South 00° 50' 00" East a
distance of 7.24 feet to the Point of Beginning.
Containing an area of 20 square feet of land, more or less.
This description was prepared by TriLand Design Group, Inc., April 25, 2001.
2005=52009
EXHIBIT A
- - - - LOT 20
COLONIAL VIEW
"COLONIAL VIEW"
SI TUA TED IN THE SOUTHWEST ONE QUARTER OF SECTION 3,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
;5. DO' N89'10'00 "E
U526
2.00'
o °o
13950 SW 121ST.
N A VENUE
27, ` X5.00' CONSTRUCTION EASEMENT
8
T° coo SLOPE AND UTILITY EASEMENT
w ~RN20-4256"W
n 11.00' r, 796.so. FT. ACQUISMON
Q = 484721 " °
R = 25.00' o
L = 21.29' °
CH S45 06'36 "E °
t o _ 20.65' . 2.03' Z 8910'00"
S89'10'00 "W 77.96' 2.86'
28' '00'25 6 1 1 24
' d" 8646 55"
R = 30. 0' Zzl
L = 14.9
3; N897 0'00 "E 114.76' 10.76'
CH = S45' '49"E ~-EXISTING RIGHT OF WAY
1 83' N N NEW RIGHT OF WA Y
EXISTING CENTERLINE
67 NEW CENTERLINE
/ RIGHT OF WA Y
1796 SF
SLOPE &.UTILITY EASEMENT
20 SF
CONSTRUCTION EASEMENT
(EXPIRES 2 YEARS FROM SIGNING)
1182 SF SCALE 1 " 40'