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83-041863 ' t 83041863 K"A1 7 Project- S.W. 72nd Avenue Area - LID No. 21 r Assessment Ident. No.: 67 Tax Lot No.: 2800 ry~ Tax Map No.: 2S-1-12A Deed Reference: Book 613, Page 117 3 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That Susan V. Rogers of the County of State of in Consideration of the sum of One Dollar ($1.00) to them in hand paid, do hereby grant and convey unto the City o Tigard, a municipal r- corporation organized and existing under the laws of the State of Oregon, _J a right-of-way and easement over, across and under the following described 3. real property situated in the County of Washington, State of Oregon, to-wi-t: 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 X 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 :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 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. WITNESS our hands and seals this 12-- Day of s{ 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 ri ) ss. County of BE IT REMEMBERED That on this/ Z day of 19 before me, the undersigned, a Notary Public in a d for said Count and State, personally appeared the above named Si,I S •6I-k/ I/ and who are known to me to be the identical individuals described in acid who executed the above instrument and acknowledged to me that they executed•;th6-' same freely and voluntarily. b IN TESTIMONY WHEREOF, I have hereunto set my a d a seal e day' a"ndr^ year last above written. - No tar Pub is of Oregon My mmission expires Page 3 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 By: Mayor By : ~e City Recorder STATE OF OREGON } ss. County of Washington) On this day of 19Sbefore me appeared and both to me personally known who, being duly sworn, did say t a he, the said is the Mayor, and he, the said _ is the Recorder of the CITY OF TIGARD, a municipal corporation, an the said 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 .aus-t above written. Z" 4ar Zy Public for State of 67regon My Commission Expires: Page 5 Utz l: ty' Ease.nett ` Utilities Easement Description Exhibit "A" Ident No. 67 Page 1 of 3 Three (3) parcels 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 described as follows: Parcel 1 being that portion of the tract of land described in Book 613, Page 117, (Deed) of the Washington County, Oregon, Records (T.L. 2800, 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 1/2 of the N.E. 1/4 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 613, Page 117, which falls within the following described parcel: Beginning at a point that is N 89040'44" E, 45.00 feet and N 00016'56" W, 1250.80 feet from an iron pipe with a brass disc inside of the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247, said beginning point also bears S 00016'56" E, 1376.45 feet and N 89043'04" E, 45.00 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; thence from the Point of Beginning northeasterly along a 45-foot radius curve to the right (through a central angle of 89013'47"), 70.081 feet (long chord bears N 44019'57" E, 63.210 feet) to a point; thence S 1003'09" E, 5.00 feet to a point of curve; thence southwesterly along a 40.00-foot radius curve to the left (through a central angle of 89013'47"), 62.294 feet (long chord bears S 44019'57" W, 56.187 feet) to a point; thence S 89043'04" W, 5.00 feet to the Point of Beginning. Utilities Easement Description Exhibit "A" Ident No. 67 Page 2 of 3 Parcel 3 being that portion of the tract of land described in Book 613, Page 117 (Deed), of the Washington County, Oregon, Records (T.L. 2800, Map 2S-1-12A) which falls between a line 25 feet southerly at right angles and parallel to a center line and a line 30 feet southerly 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 112 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. 2/3/83 CRC 80.194.118 10 0 - -Stone at Recognized 1/16th r n e r EXHIBIT "A" - - = I - - t (Point "B" on C.S. 13,247 Page 3 of 3 O.S.H.D. R/W Pin I with Alum. Cap N 88055'51" E 518.73 - - - _ .o 523' m/ l ~ - _ k ' S.W. BONITA ROAD (County Road No. 636) - rj ( 49.33 J ~I M j -IS 1003'09" E 5.00 Parcel 3 I W ' ~ V I 1 _/~V~/ I Parcel 2 CURVE DATA I ~ L X20.00 , 1 !h Central Angle = 89013'47" ' ~ ------6. U Radius = 45.00 Q i Length (Arc) = 70.081 ` Chord = 63.210 •r N 30' S 89043'04" W '2 Central Angle = 89013'47" X 5.00 Radius = 40.00 Length (Arc) = 62.294 i "'20 ' Ident. No. 67 X25' Tax Lot No. 2800 Map No. 2S-1-12A o I Owner, Susan V. Rogers Deed Reference: Book 613, Page 117 ~ 1 I Area of Utilities Easement Contains ' I 4847 Square Feet more or less +-3 0 I i Uj 1 r Parcel 1 W Q ~ 0 I 01) 1 N ~ ~ h•. Scale: 1"=50' i- Date: 2/3/8 o' ® Utilities N CTS i Easement r~ o N ~n iD N N .-If IJ 1 I~ II lD ~ 4 Ln O J I _ I Brass Cap in _ ron Pipe at " 20. , ~ Recognized 1/16th Cornet- 11 (Point "P" on C.-S. 13,247 mom pe_~IAAS & MSSOCIAT'1209 INC. UTILITIES EASEMENT MAP CCN:>ULTING ENGINEERS & SURVEYORS LID NO. 21 1 " 9x50 'o 45-Arc c" 682-240 CITY OF TIGARD, OREGON S W C : me~ce ;?es CM e195 Wrsono!le )„ors B7073 70 Graxrem~-..- - File No. Si.10^.118 STATE OF OREGON County of Washington SS I. Donald W. Masc Di rr~cicr Ass-s,ri ri and Taxation and Ex-Officio Recorder of Ccr,- vi-yances for said county, do hereby certify th,l the within instrument of writing was received ind recorded in 'rook of records of said county C`c,nald W. Mason, Director of Assessment and Taxation. Ex- fficio Chief Deputy Clerk 1 `Q d~