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85-000187 ..1. 85000187 Project: 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 64 Tax Lot No.: 800 Tax Map No.: 2S-1-12AD Deed Reference: Fook 897, Page 940=942 EASEMENT--FOR-~UTILI-TfiES - Predel,ivery Service Corporation KNOW ALL MEN BY THESE PRESENTS That a Delaware Corporation of the County of State of in Consideration of the sum of $1.00 (One Dollar) to them in hand paid, do hereby grant and convey unto the City o igard, a municipal corporation organized and existing under the laws of the State of Oregon, 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: PERMANENT EASEMENT DESCRIPTION This is a correction description to correct the Book and Page of the deed reference of Fee No. 84-017378 SEE EXHIBIT "A" ATTACHED i This permanent easement is granted for the purpose of laying, constructing, 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, except to construct buildings, as will not interfere with the uses and purposes of the easement. Page 1 Utility Easement TEMPORARY EASEMENT DESCRIPTION I i NONE This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary' easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, GranYtee'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 here described in condition reasonably similar to the previous state thereof when any work is finished thereon. 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 institute 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 disburse- ments 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. . Page 2 ° Utility Easement Zef 7 The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. W,OhTNESS o hands a d seals thft 1 st pay of November 1984 • 40 {SEAL) _ (SEAL) aug an ice President (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of 19 NONE Mortgagee By Title (INDIVIDUAL) STATE OF Michigan ) Wayne ) ss. County of ) BE IT REMEMBERED That on this 1st day of November 1984 , before me, the undersigned, a Notary Public in an or said County and State, personally appeared the above named J. W. Baughman and who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year.iast above written. t No ry u C LORETTA A. MACKENROTH Notary Nut>LUc, Wayne County, MI i My commission expires my commission Expires May 25, 1987 Page ~3 Utility Easement 3 of (CORPORATE_) STATE OF Michigan ) Wayne ) ss. County of On this tat day of November 19 84 before me appeared L. J. Graziano and D. R. Jolliffe both to me personally known, who being duly sworn, did say that he, the said L. J. Graziano is the President, and he, the said D. R. Jolliffe is the Secretary of Predelivery Service Corporation the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and L. J. Graziano and D. R. Jolliffe acknowledged said instrument to be the-free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. No ry Public or State o Michigan T l County of Wayne LORErrA A. MACKENROTH Notary Public, Wayne County. MI My Commission Expires May 25, 1981, My Commission Expires: Page 4 Utility Easement I 0 f 7 ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply,with each and every term and condition thereof. CITY OF TIGARO By. yor y: 1 y Recorder STATE OF OREGON ) ss. County of Washington) On this Ic day of ~c evr~ ~ ~ r 19 V4 before me appeared k ►r. C~o~ and both to me personally known who, being duly sworn, did say that he, the said ~o o is the. Mayor, and he, the said l~► ls~r, 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 TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. ~l Notary ub is or State of regon ,mac" MY Commission Expires: 2~-J07 c Page 5 Soi UtilitY - 7 Easement a Utilities Easement•Description. Exhibit "A" ident: No: 64 Page 1 of 2 A parcel of land in the East 2 of the East 2 of Section 12, T.28, R.1W., W.M., the. City of Tigard, Washington'County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book .897 Pages 940- 942 of the Washington County, Oregon Records (T.L. 800, Map 2S-1-12AD) which falls between a line 25 feet easterly at right angles and parallel to a center line and a line 30 feet easterly at right angles and parallel to said center line, said center line described as follows: Beginning at a point that is N 89038'24" E, 20.00 feet from the recognized East 1/16th corner on the South line of said Section 12 (the southwest corner of the,East 2 of the southeast 4 of said Section 12) noted as Point No. 289 on County Survey No. 19,127; thence along said center line N 0021':36" W., 2646.33 feet to a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside.at the recognized 1/16th corner (the northwest corner of the East 2 of the southeast 4 of said Section 12) noted as Point "P" on County Survey No. 13,247; thence continuing along said center line N 0016'56" W, 2627.25 feet to a point at the end of said center line that is N 89043104" E, 20:00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East 2 of the northeast 4 of said Section 12) noted as Point "B" on County Survey No. 13,247. 10/15/84 80.194.118 Exhibit "A" Page 2 of 2 Stone at Recognized 1/16th N 89043'04" E Corner (Point "B" on I 20.00' C.S. 13,247) STATE OF OREGON y County of Washington SS U I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- CIL for said county, do hereby certify that a, the within instrument of writing was received U N and recorded in book of records of said county. < Lo r\ N Donald W. Mason, Director of C c~v I Assessment and Taxation, Ex- 'rt Officio County Clerk N f, J X ~ w 20' 193 !1~`I - i ~ I{ I u ' 25' N Assessment Ident. No. 64 Z Tax Lot No. 800 Tax Map. No. 2S-1-12AD o Deed Ref.. Book 897, Paoe 940-94 Owner: Predel i very Service Corporation Utilities Easement Contains U o ! 2888 Square Feet more or less . 'z I Scale 1'=100' I I Date: 10/15/84 I I I I Brass Cap in Iron Pipe at Recognized 1/16th Center Line Angle Point Corner (Point "P" on C.S. 13,247) N 89040'44" E 20.00' I . I I M I Q1 M C t0 I > Gt > lD Q N Cr I I ~ N n 3 • 3 N Area of Utilities Easement N Recognized 1/16th Corner '0 Point of Beginning of Z County Road No. 922 (Point No. 289 on ! C.S. 19,127) N 89038'24" E 20.00' DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS 3 SURVEYORS L I D NO. 21 Suite 445-AGC Center (503) 682_24W CITY OF TIGARD, OREGON 9450 S W Commerce Circle Res. 638-6195 Wilsonville, Oregon 97070 0 .4% -7 Project: 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 64 Tax Lot No.: 3800 Tax Map No.: 2S-1-12A Deed Reference: Book 886, Page 580 EASEMENT-FOR -UTILITIf_-S_ Predelivery Service Corporation KNOW ALL MEN BY THESE PRESENTS That a Delaware Corporation of the County of State of in Consideration of the sum of $1.00 (One Dollar) to them in hand. paid, o hereby grant an convey unto the City o Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, 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: PERMANENT EASEMENT DESCRIPTION SEE EXHIBIT "A" ATTACHED This permanent easement is granted for the purpose of laying, constructing, 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, except to construct buildings, as will not interfere with the uses and purposes of the easement. 9e Utility Easement ;~.1 i f . TEMPORARY EASEMENT DESCRIPTION NONE. This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere 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 here described in condition reasonably similar to the previous state thereof when any work is finished thereon. 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 institute 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 disburse- ments 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. Page 2 Utility Easement The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. WI ESS our ds and seals this 6 Day of December 19 83 431 spoo- (SEAL) _ (SEAL) ce- res e e (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of 19 NONE Mortgagee Title (INDIVIDUAL) STATE OF Michigan ) ss. County of Wayne ) BE IT REMEMBERED That on this 6th day of December 1983 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named J. W. Baughman and who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. OW-TA J. rVK I Notary %blic ' Notary Public, Wayne County, Mich My commission expires gomnlufod'wit" Sept. z IM4 Page 3 Utility Easement l (CORPORATE) STATE OF Michigan ) ss. County of Wayne ) On this 6th day of December 1983 before me appeared L. J. Graziano and D. R. Jolliffe. both to me personally known, who being duly sworn, did say that he, the said L. J. Graziano is the President, and he, the said D. R. Jolliffe is the Secretary of Predelivery Service Corporation _ the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Graaiam,s - and D. R. Jolliffe acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Not ry u c fbr Stat o c gan County of Wayne My Commission Expires: Sept. 2, 1984 Page 4 Utility Easement ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OFF T'IIGARD By: 2~ Ma Pro By L'C i ty Recorder ~cy+-t~ STATE OF OREGON ) ss. .County of Washington) On this day of 19" before me appeared + 4 C-ck I and _ L-orer-In both to me personally known who, being duly sworn, did say that he, the said A,, Sc.~,a~ is the Mayor, a-~ nd he, the said Loreen wt, lsev, is the&-eeCorder of the CITY OF TIGARD, a municipal corporation, and the said 6Ce" Sc~,e ~cl and ~Q,,.dev~ ~;~cph acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. r tary Public for State of 0 on My Commission Expires: 'V` 17- 5 Page Utility Easement Util.ifties Easement-Description. Exhibit "A" Ident: No: 64 Page 1 of 2 A parcel of land in the East 4 of the East of Section 12, T. 2S, R.1W., W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: - Being that portion of the tract of land described in Book 886, Page 580 of the Washington County, Oregon Records (T.L. 3800, Map 2S-1-12A) which falls between a ,line 25 feet easterly at right angles and parallel to a center line and a line 30 feet easterly at right angles and parallel to said center line, said-center line described as follows: Beginning at a point that is N 89038'24" E, 20.00 feet from the recognized East 1/16th corner on the South line of said Section 12 (the southwest corner of the East 4 of the southeast 4 of said Section 12) noted as Point No. 289 on County Survey No. 19,127; thence along said center line N 0021'36" W, 2646.33 feet to a point that is N 89040'44" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner (the northwest corner of the East 3-2 of the southeast 4 of said Section 12) noted as Point "P" on County Survey No. 13,247.; thence continuing along said center line N 0016'56" W, 2627.25 feet to a point at the end of-said center line that is N 89043'04" E, 20.00 feet from a stone at the recognized 1/16th corner (the northwest corner of the East 4 of the northeast 4 of said Section 12).noted as Point "B" on County Survey No. 13,247. 12/10/82 / 80.194.118 ~r i' Exhibit "A" Page 2 of 2 Stone at Recognized 1/16th N 89043'04" E Corner (Point B on 20.00' C.S. 13,247) J STATE OF OREGON c SS County of Washington a ~1 I I. Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county , do hereby certify that _J C, the within instrument of writing was received a) c' % I and recorded in book of records of said county. U < N Donald W. Mason, Director of %0 Assessment and Taxation, Ex- f N f officio Chief Deputy Clerk _N X W 20' l484 i~,AY PM 4: 03 25' `N° 30 • Assessment Ident. No. 64 z° Tax Lot No. 3800 •a' Tax Map. No. 2S-1-12A Deed Ref.: Book 886, Page 580 w ' Owner: Predelivery Service `n Corporation Utilities Easement Contains o 2888 Square Feet more or less . 1 2 Scale 1'=100' I . Date: 12/10/82 I Brass Cap in Iron Pipe at Recognized 1/16th I Center Line Angle Point Corner (Point "P" on I C.S. 13,247) N 89040'44" E 20.00' Ff , Q N N n 3 _ V) = tO Area of 111 Pill ! r-4 6 Y~ Utilities Easement Recognized 1/16th Corner 10 Point of Beginning of z County Road No. 922 1 (Point No. 289 on I C.t. 19,127) 1 N 89038'24" E 20.00' DONAAS A ASSOCIA'T'ES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS LID NO. 21 Suite aaa-AGCCenter (W3) W12-2450 CITY OF TIGARD, OREGON 9450 8. W. Commerce Circle Ree. 0356/95 Wilsonville, Oregon.97"o