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83-041689 _.,83,0.41689. S.W. 72nd Avenue Area LID no. 21 Project: \ Assessment Ident. No.: 40 i Tax Lot No.: 200 i Tax Map No.: 2S-1-1206 Deed Reference: Fee No. 79-000192 EASEMENT FOR UTILITIES Halvorson Investment Company, KNOW ALL MEN BY THESE PRESENTS That an Oregon Corporation of the County of State of in Consideration of the sum of Q~~ to them in hand paid, do hereby grant an convey unto the City of 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. Page 1 Utility Easement / r t 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 FOLD THE Herein described right-of-way an4 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 easeiment 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 i 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 24th Day of October 19 83 (SEAL) V10RSON VESTMENT COMPANY (SEAL) (SEAL) AL) (SEAL) .resident (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 Mortgagee By Title (INDIVIDUAL) STATE OF ) ss. County of BE IT REMEMBERED That on this day of 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 individuals described in and who executed the above instrument and acknoiledged to me that they executed the sarne freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Pu Tic oTOregon r My commission expires Page 3 Utility Easement (CORPORATE) STATE OF OREGON ) SS. County of MULTNOMAH On this 24th day of October 1983 before me appeared CARL M. HALVORSON and both to me personally known, who being duly sworn, did say that he, the said President 0 is the said President, and he, the said is the Secretary of 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 CARL M. HALVORSON 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 dayryand rya year last above written. O ary u i c or State of Oregon My Commission Expires: 9/22/85 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 OF TIGARD Mayor By: City Recorder STATE OF OREGON ) ss. County of Washington) On this Z day of __~~j 19 23 before me appeared and - - - both to me personally known who, being duly sworn, did say t t he, the said is the Mayor, and he, the said _ is the Recorder of the CITY OF TIGARD, a municipal corpora ion, and he said 6L and acknowledged the said instrument to be the free act a deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year°tast above written. tart' Pub i c for State of eon fly Commission Expires: _"~►//'.//-~y-~~ Page 5 . ~1!l~~lV ~?CP'TTpR! ~ • x Utilities Easement Description Exhibit "A" Ident. No. 40 Page 1 of 2 I ' A parcel of land in 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 as Appendix "A" in Fee No. 79-000192 of Washington County, Oregon Records (T.L. 200, Map 25-1-1206) which falls between a line 25 feet westerly at right angles and parallel to a center line and a line 30 feet Westerly 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 '-a 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 , 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 1i of the Northeast 14 of said Section 12) noted as Point "B" on County Survey No. 13,247. 12/7/82 80.194.118 Exhibit "A" Page 1 of 2 Brass Cap in Iron Pipe N 89040'44" E at recognized 1/16th 20.00 corner (Point "P" on C.S. 13,247) I -I i I v c I al V I I O I G I a ~ I w Assessment Ident. No. 40 a Tax Lot No. 200 I I Tax Map No. 2S-1-12[)G Deed Ref.: 79-00019? I I Owner: Halvorson Investment 41 Company I Utilities Easement Contains 1953 Square Feet more or less I I 20 Scale: 1 -50 I Date: 12/7/82 25' ! I M I ,Q I M f ~ N C7' ~ N Cn O I Z E ~O c I I O I C I V I 30' I I 3 M I ~ I N I I O ~ O LJ O Z I Z w Q Q I. Z Utilities Easement I 3 • 1 N i Recognized East 1/16 Corner S.W. Kable Street on South line of Section 12 Pt. of Beginning of County Full Road No. 922 (foint No. 289 N 89038'24" E C.S. 19,1(-7) 20.00 DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS L I D NO. 21 Supfe 445-4Gc Corer (boa) 682-21450 CITY OF T I GARD , OREGON 9450 S vv commerce circle Res. f33A-8105 Wilsonville. Oregon 87070 - 17 si File No. 80.194.118 STATE OF OREGON I ~ SS County of Washington 1. Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- ,eyances for said county, do nereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- ® Officio Chief Deputy Clerk 1981 Nov 1 PH 12: 11 ~ a. 7 3 397