84-017375
840 17375
Project: 72. e. Area -'LID No. 21
Assessment Ident. No.: 58
Tax Lot No.: 1800
Tax Map No.: 2S - 1 - 12D
Deed .Reference: N.A.
:EASEMENT=FOR UTIMTIES--
KNOW ALL MEN BY THESE PRESENTS that TIME OIL CO., a Washington Corp-
oration, and THE FIRST INTERSTATE BANK OF OREGON, N.A., the duly
appointed, qualified and acting Personal Representative of the
Estate of Forrest Tower, of the County of Multnomah, State of Oregon,
(hereinafter Grantor) and the City of Tigard, a municipal corporation
organized and existing under the laws of the State of Oregon, (herein-
after Grantee) do hereby enter into the following agreement:
WHEREAS, Grantee's 72nd Avenue LID No. 21 incorporated widening and
realignment of various roadways and an area of additional right-of-
way (approximately 1,170 sq. ft.) at the southwest corner of Grantor's
parcel was required for widening of 72nd Avenue;
WHEREAS, realignment of S.W. Upper Boones Ferry Road left an area
(approximately 6,921 sq. ft.) of right-of-way adjacent to the northwest
corner of the Grantor's parcel which was no longer needed for roadway
purposes except for utilities already located therein, and portions
of the existing service station improvements currently encroach into
this right-of-way;
WHEREAS, considering the needs and best interests of both parties,
the Estate of Forrest Tower and the City of Tigard agreed that the City
of Tigard would vacate the 6,921 sq. ft. area, retaining a utilities
easement, and the vacation was not to be effective until and unless
the Estate of Forrest Tower dedicated the 1,170 sq. ft. of right-of-
way;
WHEREAS, the Grantor and the Grantee agree to cooperate in the
future elimination or relocation of existing utilities within the right=
of-way or as closely thereto as possible, subject to approval of Grantee
and the utility owner;
NOW, THEREFORE, Grantor in consideration of the sum of one dollar
to them in hand paid, do hereby grant and convey unto Grantee, a right-
of-way and easement over, across and under the following described real
property situated in the County of Washington, State of Oregon, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
n~ ~!Sri
1 - EASEMENT FOR UTILITIES
This permanent easement is granted for the purpose of laying,.con-
structing, replacing, and maintaining utility lines, and the easement
herein granted shall include the right for the Grantee to go over,
across and under said land for the purpose of installing said utility
lines and maintaining and repairing them, but reserving to the grantors
the title to the lands, subject to the easement, and the right to make
such use thereof as.will not interfere with the uses and purposes of
the easement. Grantor retains the right to relocate the utility lines
within this easement at its sole cost and expense.
Grantors covenant to and with Grantee that they will not in anyway inter-
fere with or restrict, except as herein stated, Grantee's use of said
easement.
This right-of-way and easement is granted with the understanding that
any work done by the City of Tigard pursuant hereto will be so done
as to leave the premises herein described in condition reasonably
similar to the previous state thereof when any work is finished there-
on.
TO HAVE.AND TO HOLD THE Herein described right-of-way and easement
unto the City of Tigard, its successors and assigns, forever.
In the event that it becomes necessary for any person now or hereafter
a.party to the benefits and/or obligations of this easement to insti-
tute any action or suit to enforce any of their rights hereunder, the
party prevailing in such action or suit shall be entitled to recover.
its costs and disbursements and such sum as the court may adjudge
reasonable as attorney's fees to be allowed in said action or suit
or any appeal thereon.
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 1614 day of ~c? ce ~y1 ~ , 1983
FIRST INTERSTATE BANK OF OREGON, N.A.,
Personal Representative for the
Estate of Forrest H. Tower
By:
Title: -rRvs a C
h
TIME OTT,
By:
Title: ~j
2 - EASEMENT FOR UTILITIES
STATE OF OREGON )
) ss.
County of Multnomah)
On this 22nd day of December 1983, before me personally
appeared Lloyd-7.7-Randall Randall and
, to me personally known, who being a Trust
Officer and Investment Officer of FIRST INTERSTATE BANK OF OREGON, N.A.,
the within named Corporation, and acknowledges said instrument to be
the free act and deed of said Corporation.
~gnV--.6) R. ~
DONNA R. BOWMAN Notary Public in and for the State of Oregon
@ NOTARY P~~3l9~R "0N My Commission Expires:
My CommisJ9oi7 Expires ~
(NOTARIAL SEAL)
STATE OF WASHINGTON)
) ss.
County of King )
On this 15>`4 day of .Pc e 1983, before me personally
appeared '*60, -7 6e'l c - and
to me personally known, who being a
and of TIME OIL CO.
r
Notary Public in and for the State of Washington
r, My Commission Expires:
l/-
SEAL )
3 - EASEMENT FOR UTILITIES
1
Utilities Easement Description Exhibit "A"
Ident. 58 Page 1 of 2
A tract of land being a portion of S.W. Upper Boones Ferry Road also known as
Carmen Drive, in the southeast4 of the southeast 4 of Section 12, T.2S., RAW.,
W.M., City of Tigard, Washington County, Oregon more particularly described as
follows:
Beginning at a point on the northerly line of Parcel I as shown on P.S.
11°,091 of the Records of Survey of Washington County, Oregon that is
N 46006'34" E 26.73 feet from a 5/8-inch iron rod at the Borthwest
corner of saig Parcel 1, said beginning point is also N 0 21'36" W 177.89
feet and N 89 38'24" E 59.56 feet from the recognized southwest corner
of the southeast 4 of the southeast 4 of said Section 12 being Point
No. 289 on County Survey No. 19,127; thence northerly along a 480 foot
radius curve to the left through a central angle of 2°26'24" (chord
bears N 0 51'36" E 20.86 feet) 20.87 feet to a point that is 40 f8et at
right angles to the centerline of County Road No. 126; thence N 0 21'36" E
45.83 feet to a point of curve; thence northeasterly along a 40 foot
radius curve to the right through a central angle of 78 52'02" (chord
bears N 39 04'25" E 50.815 feet) 55.06 feet to a point that is southerly
32 feet at right angles to the realigned offset centerline of S.W. Carmen
Drive; thence continuing along a line 32 feet southerly at right angles
and parallel to said centerline of S.W. Carmen Drive, northeasterly
along a 350.3099 foot radius curve to the left through a central angle of
17 24'13" (chord bears N 69 48'20" E 105.998 feet) 106.41 feet to a
point curve and spiral; thence continuing along a line 32 feet southerly
at right angles and parallel to th- said realigned offset centerline
northwesterly (spiral along centerline Data - 18 CR;L= 120' Spiral;
S = 10 48'; a = 15.0; a =0.120) 4.1 feet more or less to the intersection
with the easterly line of said Parcel 1 of P.S. 11,021, also being the
westerly line of that tract described as Parcel XV of Fee No. 78-044276
of t8e Records of Washington County, Oregon; thence southeasterly
S 13 33109" W more or less'12.3 feet more or less to a 5/8-inch iron
rod at the most northerly corner of said Parcel 1 on P.S. 11,021;
thence southwesterly along the northwesterly line of said Parcel 1 on
P.S. 11,021; S 46 06'34" W 191.49 feet to the Point of Beginning of
the tract herein described.
Contains 6,921 Square Feet more or less.
_ _ _ ~--__-_~-,tea-.--~,•-.-r,--t.._.~~ G.,~~_z~.:.~~o~-~:n._s:-~-
r Bras _..ap it iron pipe EXHiC
- at the recognized 1/ 16t'r Pr' H 2 of 2
4: •~5.ri i11 Lri-II- ?0 00 cor lpt I P1, on C.S. s
13,247
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' I \ Utilities Easement
Area
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ro Scale 1"=50'
Date: 1/5/83 x
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All 5 . laka 5 P.S.C.X
-N39038'24"E r4. I
! M N ; 4.64' Y P.S.C. S13033'09"W + 52 / 12.3+
~P•T• , Fd. 5/3" Iron Rod
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P.T.
40.00'_0
Ident. No. 58
Tax Lot No. 1800
Tax Pia No. 2S-1-12D
N89038'2."E!- P.O.B. Map
Owner: Estate of Forest H.
59.56' r Tower
Utilities Easement Contains
6,921 square feet more or les
N46006'34"E 26.73'
al r I a Fd. 5/8" Iron Rod
r'I Curve Data
4 1 1
I'D 49003' 1S" = 17024-13"
cy" co
r I Radius= 450.00' Radius= 350.3099'
fan STATE OF OREGON
F` , t I i~ n = 2025
i o ' Radius= 450.00' County of Washington SS
I, Donald W. Mason, Director of Assessment
78052'02"
and Taxation and Ex-Officio Recorder of Con-
Radius= 40.00' veyances for said county, do hereby certify that
the within instrument of writing was received
xr',i _QD 24„` Recognised 1/ 16th c or. on and recorded in book of records of said county.
'71 South line of Sec._2 P.O.B.
' 20 0 l Donald W. Mason, Director of
k
~ I of C . R . -a22, (pt. #239 on C Assessment and Taxation, Ex-
Officio Chief Deputy Clerk
1'- 17, Cz 1% EW
I
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.•.03) Er?-2451 i
5 C rce Res 635-15125