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84-003021 84003021' a\ Project: 72nd Avenue - LID No. 21 Assessment Ident. No.: 70c and 71 Tax Lot No.: 301 and 100 Tax Map No.: 2S-1-12A Deed Reference: Book 723, Page 737 Book 528. Page 406, Book 1056, Page 240 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That Ted Nelson Company, an Oregon Corporation and A.T. Nelson and Doris E. Nelson, as Tenanti by the entirety, of the County of Washington State of Oregon in Consideration of the sum of Gift 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 See Exhibit "A" and Exhibit "B" 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. Page 1 Utility Easement / ! O 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 .canner 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 :cork 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 AIND TO FOLD THE Herein described right-of-way and easement unto the City of Tigaru, 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. WITNESS our hands seals this _:~~Day of 19~ ~ (SEAL) - (SEAL) -(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 Mortgagee By Title (INDIVIDUAL) STATE OF ss. County of BE IT REMEMBERED That on this Z3'~ day of _0 C 1,0,b 198.3 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named and _ who are known to me to be the identical ndvidualsdescribed in and who executed the above instrument and 'acknowledged to me that they executed the same freely and voluntarily. IN-TESTNONY WHEREOF, I have hereunto set my hand and seal the day and ye&r.n4a~'t above written. ^z~ Notary uG i of OregTToTn--- 3a o My commission expires t i Page 3 i Utility Easement (CORPORATE) STATE OF Oregon ) ss. County of Washington On this 25th day of October 19 83 before me appeared A. T. Nelson and both to me personally known, who being duly sworn, did say that he, the said A. T. Nelson is the President, and he, the said is the Secretary of Ted Nelson Company 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 Coard of Directors, and A. T. Nelson, President and 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. 00 .0 Notary Pub i c ,for State of Oregon My Commission Expires. 1 • l+ ti' Page 4 Utility Easement COJ ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD . Y: ji e7' -Mayor By: C .ty Recorder STATE OF OREGON ) ss. County of Washington) On this T` day/~ofc 1.9-3 before me appeared JU l,0 K r A i sho and ~ ~.~.L~ !~T►~~~ _ both to me personally known wh . being duly sworn, did say that he, the said l `bu A . 2)"s ,ate _ is the Mayor, and he, the said k let ~s the Recorder of the CITY OF TIGARD, a municipal corporation, and the said _ 4;^~ ~~9 and. acknowledged the said instrument to be the free act and d of said municipal corporation. IN TEST114ONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. 0 C~otary_ Pub-TUCiror State of Oregon J:4 °s V fly Commission Expires: Page 5 (x a~ Utilities Easement Description Exhibit "A" Ident. No. 70c and 71 Page 1 of 3 Three (3) parcels of land in the N.E. 4 of Section 12 of T.2S, R.1W., W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: Parcel 1 being that portion of the tract of land described in Book LOSS, Page 749 and Book 1056, Page 240, (Deed) of the Washington County, Oregon, Records (T.L. 301 and 100, 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 being described as follows: Beginning at a point that is N 89040144" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247; thence N 0016'56" W, 2627.25 feet to a point that is N 89043'04" E, 20.00 feet from a stone at the recognized N.W. corner of the East 2 of the N.E. 4 of said Section 12, noted as Point "B" on County Survey No. 13,247. Parcel 2 being that portion of the tract described in said Book 1056, Page 240 which falls within the following described parcel: Beginning at a point that is N 89043'04" E, 45.00 feet and S 0016'56" E, 1236.44 feet from a stone at the recognized N.W. corner of the East 2 of the N.E. 4- of said Section 12, noted as Point "B" on County Survey No. 13,247; said Point of Beginning also lies N 89040'44" E, 20.00 feet and N 0016'56" E, 1390.817 feet and N 89043'04" E, 20 AO feet from an iron pipe with a brass disc inside at the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247; thence from the Point of Beginning, southeasterly along a 45.00 foot radius curve to the left (through a central angle of 90046'13"), 71.291 feet (long chord bears S 45040'02" E, 64.066 feet) to a point; thence N 1003'09" W, 5.00 feet to a point; thence northwesterly along a 40.00 foot radius curve to the left (through a central angle of 90046'13"), 63.370 feet (long chord bears N 45040'02" W, 56,948 feet) to a point; thence S 89043'04" W, 5.00 feet to the Point of Beginning. I I Ident No. 70c and 71 Page 2 of 3 Parcel 3 being that portion of the tract of land described in Book 1056 Page 240 (Deed), of the Washington County, Oregon, Records (T.L. 301,. Map 2S-1-1A) which falls between a line 25 feet northerly at right angles and parallel to a center line and a line 30 feet northerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is the center line intersection of S.W. 72nd Avenue and S.W. Bonita Road, said beginning point is N 89043'04" E,, 20.00 feet and S 0016'56" E, 1307.38 feet from a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section 12, noted as Point "B" on County Survey No. 13,247; thence N 88056'51" E, 518.73 feet to the end of said center line. A O.S.H.D. highway right- of-way pin lies N 1003'09" W, 20.00 feet from the end of said center line. i 4/20/83 CRC 80.194.118 20.0' Stone at Recognized 1/16th Corner Exhibit "A" (Point No. "B" on C.S. 13,247) Page 3 of 3 I F-1 I 5' Utilities Easement •r C U (U v ~ I i a~ U U Q Scale: 1"= 100' Date: 11/11/82 I - X 00 UJ "~I Ident. No. 71 0 4 Tax Lot 100 - - M - Ident. No's. 70c ° Tax Lot No. 301 3 li Map No. 2S-1-12A Owner: Ted Nelson Company I~ Deed Reference: Book 1056, Page 240 and Book 1059, Page 749 I~ Utilities Easement Contains °o v E: 3338 Square Feet more or less N M I M .-I ~ I I I N ° 1-4 M Parcel 1 o Ident. No. 70c cTax Lot 301 o Ln M ° Utilities Easement _ CURVE DATA Uj Central Angle( 90047'13" z Radius = 40.00' LIJ Length (Arc) = 63.370' Q Chord 56.948' -0 1 N ~ t\ 3 0 O.S.H.D. R/W Pin N ~ _5.00' with Alum. Cap r-- ----1 -I Parcel 2 Parcel 3 1 5.00, 498.4 ml l 20' 25' - I' 20.0 _ 50.677', - - - - - - N g80 56' 51" E 518.73' C\j i C O CD S.W. BONITA ROAD (County Road No. 636) L---- C Brass Cap in Iron Pipe at Recognized 1/16th Corne (Point No. "P" on C.S. 13,247) 20.0' DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT GC I f JSULTING ENGINEERS & SURVEYORS L I D NO. 21 Suite _ nls ;enter (503) 682 >aso CITY OF TIGARD, OREGON 9a5Q S w C *~merce C"cIQ Res 636-6195 W-1S(,n%111e =•qon 97070 11 File No. 80.194.118 . l Utilities Easement Description Exhibit "B" Ident. No. 71 Page 1 of 2 A parcel of land in the N.E. 1/4 of Section 12 of T.2S, R.1W., W.M., the City of Tigard, Washington County, Oregon, more particularly des- cribed as follows: Being that portion of the tract of land described in Book 723, Page 737 (Deed), and Book 528, Page 406 (Deed) of the Washington County, Oregon Records (T.L_ 100, Map 2S-1-12A) which falls between a line 25 feet easterly at right angles and parallel to said center line, said center line beina described as follows: Beginning at 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 noted as Point "P" on County Survey No. 13,247; thence N 0016'56" W, 2627.25 feet to a point that is N 89043'04" E, 20.00 feet from a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of said Section 12, noted as Point "B" on County Survey No. 13,247. i I 4/20/33 CRC 80.194.118 Cam' 20.0' Stone at Recognized 1/16th Corner Exhibit "B" (Point No. "B" on C.S. 13,247) Page 2 of 2 i Utilities Easement I C) 1 0 I ~ v ' U O O U U ¢ I ~ I •r N •r X w Scale: 1'=100' I - _ Date: 11/11/82 C"i ~5 E "ortion of Ident. No. 71 Ident. No. 71 CD Portion of Tax Lot No. 100 Tax Lot No. 100 Ln Map- No- 2S-1-42A - - Owners: A.T. Nelson and Doris E. Nelson Deed Reference: Book 723, Page 737 & Book 528, Page 40 I Utilities Easement Contains 1870Square Feet more or less I II r N N N l C` z STATE OF OREGON C county of Washington SS N M o I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received ' and recorded in book of records of said county. 0 U Donald W. Mason, Director of Assessment and Taxation, Ex- 3 Officio Chief Deputy Clerk I ~o z LO w ^ ,r(,1J 1 O o n 19QwJP,N 2~ I0:5~ z I 3 J S.W. BONITA ROAD j County Road No636) ---1 L---- , - l Brass Cap in Iron Pipe at Recognized 1/16th Corner 20.0 ~POlnt No. "P" on C.S. 13,247) L~~ti-l(-445-ACr HAAS & ASSOCIATES, INC. UTILITIES EASEMENT NSULTING ENGINEERS & SUtIVEYORS LID NO. 21 , CITY OF TIGARD, OREGON 1503) 662-2450 Circle Res 636-6195 „n 97o7o File No. 80.104..1_?°