Loading...
Bull Mountain Road, Ames Orchard 1 y r I,. Pro; F w Easeme..c : Deed Reference: KNOW ALL MEN BY THESE PRESENTS : That we ( I ) Tigard Water District r: hereinafter termed grantor (s) , in consideration of the sum of $One Dollar 1.00) to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing,.,,r.econstructing, operating, maintaining, inspecting and repairing of an underground sewer line and . appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement; said easement area being °t oath ~i~°, Pm°°°••°~ few - - g ' yls of he seliewimg -ti.e ..46,,.,. -a"„ _:_yibi the following designated premises: Situate in the northwest quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, beginning at a point on the north right-of-way line of S.W. Bull Mountain Road (CR #A-1472, a 40.0 foot side right-of-way), said point being South a distance of 1,834.67 feet from the northwest corner of said Section 10, and running thence North on the west line of said Section 10 a distance of 346.00 feet; thence East a distance of 15.00 feet; thence South a distance of 344.96 feet to the said north right-of-way line; thence S86 02'00"W on said north right-of-way line a distance of 15.04 feet to the point of beginning containing 5,182 square feet more or less. 2. Tem ry easement: Together w e temporary right of ingress, egress and regress, and use for sewer truction purposes, of additional lands lying parallel to, along the and within feet, when measured at right angles, of the ab esc=ibe perpetual easement area, excepting and reserving to grantors unencumbered enjoyment, use and preservation of all structures present u the premises. This temporary easement shall terminate upon completio the sewer construction work, at which time, upon request of the owner,". City will issue a written release thereof. Page 1 Easement Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existinq state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this 13th day of September , 19 77'.'' (SEAL) ' (SEAL) Hugh A. rown, C airman (SEAL) (SEAL) rald R. Heater, Secretary (SEAL) BOARD OF COMMISSIONERS (SEAL) a consideration, the mortgage lien on the above described properties hereby made subordinate-to the easements above granted. Dated this ay of , 19 Mortgagee By .Title STATE OF OREGON ) )ss. County of Washington ) On this 13th day of September 1977 personally appeared the above named Hugh A. Brown and Jerald R. Heater and acknowledged the foregoing instrument to be their voluntary act and deed. Befor fed- v~zl2%! R bert E. San ee Notary Public for Oregon my commission expires: February 2,, 1979 Page 2 Easement iSTATE OF OREGON )ss. County of ) On this day of 19 personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires: ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees.,. Lo comply with each and every term and condition thereof. CITY OF TIGARD 3v Mayor. ,3y CJLy recorder STATE OF 0RJ*,'GON ) County of ) On this day of 196 , before me appeared and , both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. Notary Public for Oregon My commission expires rage 3 Easement r 3 5;EG'T70N C02. 'r. 6 /I SCALE: I 100 _ Inn. wcs-F u ` 315.00" ....•a g ,OKTH -145.21 m I gook 617 ro 1D 03°20"ZL l j 10 U. E. i 3p2.48 _O • o ff,00=7 c, 586 a~~~l.., A40UNTAIN ROAD m y 1/4 COR. 5TONE FOUNO d . VICINITY MAP NW 14 S;ECT70N 10, T2r:,R1 W. W. M. RASNINGTON COUNTI', 0RIE60N DRc, c.~ 3 u~~ll) f 1 C II)li Planning J r: Engineering J Sumog i ing~ 1050 SW ALL BLVD.. SUITE : 2 4 BEAVERTON ;'OFTEWN 9-7`OD5 (503) 643-9410 ~ ~ r ter, n \ 1 • 4 C C. 111 - _ Vin! T) T - - PRESENTS : That we t l) 5AN/rA10 SFW&Z_ O4 emEv- - Tigard Water District ?o c l-rr ref raf t~ termed grantor (s), in consideration of the sum of $ 1.00 to b.: paid by CITY 0).? GARD, a municipal corporation of Oregon, hereinafter termed the CITY, her by grant, bargain, 11 an6 convey unto the CITY OF TIGARD a perpetual right-of--way and eascrnent as ht~reinaft-cr sc_'_b:d; -~s c V7-. h a temporary right-of-way and easement to use an additional area her in- ter dt~._cri.bed and designated temporary easement, for the following uses and purposes: Pe.petual ease-mc-at: An unencu(-,'1ered perpetual . right-of-way and easement for the pi_r.pos(z of c:onstrncting, To- constructing, operating, maintaining, inspecting and repairing of an underground Sanitary Se!,!er Line and appurtenances, together with the r-i.Ght to re.-move,. as necessar.,, vegetation, foliage, trees and other obstructions within the easement: area, but- reserving t:) the granters the title to the lands, subject to the easement, and trio right to make such. use thereof, except to construct buildings, as will not i.nterferl-: Witt] thk- uses and purposes of the easement; said easement area being 5 feet on cach side, when mc_asuz-.. cd :pit r..ight angles, of the following described center line: SEE EXHIBIT A Trz:mi easement: Not Applicable Together -with tl.r to right of ingress; egress and regress, and u ,&n. for. szid constructior_ purposes, of ad - 1 lands lying parallel. to, along the sides and within eet, when measur_c-.d at tight. angles, of the above described perpetual easement area, expecting eseTving to grantors thc. unencumbered enjoyment, use and preservation of all structures pre. on the. premises This temporary easement shall terminate upon completion of the cons t:r.uction at which ti::^..e, upon =equest of the owner, the City will. issue a written release thereof: hould it be necessary.to cut and remove any brush, trees, or other matter or materials from the asemant area, said brush, trees, or other matter and materials shall be removed and disposed o1 y the City and the City shall leave the easement area In the neat and t+rorkmanl.ilr.e condition he City agrees that in connection with its use of the perpetual easement area and in ibspecti*_:c epairing, maintaining, or replacing. said underground sewer ling the City will leave the remises in aneat and workmanlike condition and as nearly ~n the pre-existing state as racticable. he grantors do hereby warrant that they are the owners in. fee simple and have the right to rant t!-E. above described easements. Witness our hands and seals this 13th day of June 1.9 78 (SERI.) LL (SEAL) B own, Ch n ----h~ (SIaAQ _ SF AL) Jerald R. Heater, Secre ar,. (SEA BOARD OF COMMISSIONERS 13th day of June , 19 78 , personaliy ap; ea'c Ch aj ovE: .med Hugh A. Brown and Jerald R: Heater v .d ackn uwjedgcd the foregoing instrument to be their voluntary act and deed. Befo • Notary Public for. Oregon My Commission expi.res: 2 February 1979 ACCEPTANCE The City a';:»e named hereby accepts the foregoing grants and agrees to comply with each id every tarn and condition thereof. CITY OF TIGARD By: Mayor By: City Recorder CATE OF OREGON ) ss. )unty of ) On this day of , 19 , before me appeared and r )th to rre per5or_ally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal j and :)rporatic^, a.na t:~e said i cknowledg-ed he said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY -HEREOF, I have hereunto set my hand and affixed my official seal, this the ay a.-rid ;-ear. ir! th.s my certificate first written. ! Norary Public for Oregon - My commission expires ~ 1 r EXHIBIT A Legal Description 16236 For Ha_>eltree Development May 26, 197 Si"Uate_ in the Northwest quarter of Section 10, Township 2 South, Mange 1 -st, 1•1illamette Meridian,, Washington County, Oregon. A public utility easement 10 feet in width over and across the westerly portion of that tract described in book 1107, page 617 and being 5 feet on each side of the following described centerline towit: Beginning at a point on the south line of Lot 5, Ames Orchard Subdivision recorded in'Book 39 on, page 37, said point being ,5 feet east of the S.W.' corner of said Lot 5; thence South, parallel with and 5 feed: east of the west line of the subject tract a distance of 145.21 feet to a point; thence S 03028'20"E a distance of 199.96 feet to the end of this ease- ment at a point on the northerly right-okway line of S.W. Bull Mountain Road (C.R. #A-1471) said point being S86 02'001-1, 302.98 feet from the sotd.ierly S.W. corner of said Ames Orchard Subdivision. i i I i I i I I I