83-027514
~30275~1.~
Proj, 72nd Avenue Area LID No. 21
Assessment Ident. No.: 52c
s Tax Lot No.: 1102
Tax Map No.: 2S-1-13A
Deed Reference: N/A
EASEMENT FOR UTILITIES
KNOW ALL MEN BY THESE PRESENTS, That Washington County, a political
subdivision of the State of Oregon, hereinafter called the grantor, being lawfully
seized in fee simple of the following described premises, does hereby grant and
convey unto the City of Tigard, a municipal corporation organized and existing under
the laws of the State of Oregon, a perpetual easement for installation, maintenance,
and repair of public utilities over, across, and under the following described
real property situated in the County of Washington,.State of Oregon, shown on
the attached Exhibit "A" and being more particularly described as follows, to-wit:
A tract of land being a portion of County Road 922 and County
Road No. A-138, in the Northeast J of Section 13, Township 2
South, Range 1 West, of the Willamette Meridian, City of
Tigard, Washington County, Oregon more particularly described
as follows:
Beginning at the point of intersection-of the soi:theasterly right-
of-way of S.W. Upper Boones Ferry Road (County Road A-138) (60
feet wide) and easterly right-of-way of S.W. 72nd Avenue (County
Road No. 922) (40 feet wide) said point of beginning also lies
S 0°00109" W, 46.44 feet and S 89°59'51" E, 20.00 feet from the
point of beginning of County Road No. 922 (shown as point No. 289
on County Survey No. 19,127); thence S 0000'09", W along the east
right-of-way of said County Road No. 922, 421.802 feet to a point
of curve; thence northwesterly along a 480 foot radius curve to
the left through a central angle of 26023'04" (chord bears N 13°
11'23" W, 219.090 feet) 221.037 feet to a point, that is 30 feet
westerly at right angles to the center line of County Road No.
922; thence N 0°00'09" E, 164.556 feet to a point; thence S 48°
41'42" W, 68.561 feet to a point on the southerly right-of-way
of S.W. Upper Boones Ferry Road (a 60 foot wide right-of-way
as shown on County Survey 19,127); thence N 39°23'32" E in a
straight line 129.05 feet to a point that is S 61°44'53" E,
40.00"feet from the-.revised center line of S.W. Upper Boones
Ferry Road and S.W. 72nd Avenue; thence S 61°44'53" E, 22.26
feet to the Point of Beginning of the tract herein described.
Contains 14,213 Square Feet more or less.
This permanent Easement is granted on the following terms:
1. Grantee shall use the Easement only for the purpose of laying, constructing,
replacing, and maintaining utility lines. Grantee shall locate such utility
lines at a depth below the surface of the ground sufficient to allow level
grading of the surface terrain of the Easement and to permit the surface
of the Easement to be used as a parking lot, landscaped area, or other
reasonable uses. Grantee shall have the right of ingress to and egress
from the Easement over and across lands owned by Grantor by means of existing
or future roads located thereon for the purpose of exercising the rights
granted hereunder.
\ 1_5
2. Grantee shall indemnify and defend Grantor against any loss or damage to
Grantor or any claim or liability by or to a third party caused by the
exercise by Grantee of its rights hereunder, or arising in any manner out
of the construction, maintenance or use of the utility lines located
thereon by Grantee.
3. Grantor reserves the right to use the Easement area for any and all purposes
which do not unreasonably interfere with the rights of Grantee hereunder.
Grantor shall not construct any buildings on the Easement, but may construct
parking lots, landscaping, or other improvements within the limitations
described above. Grantee shall repair any damage resulting from its laying,
constructing, replacing, maintaining or removing of the utility lines
located thereon.
Grantors covenant to and with Grantee that they will not in any manner interfere
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.
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 disbursements
and such sum as the court may adjudge as reasonable attorney's fees to be
allowed in said action or suit or any appeal thereon.
The intent of this "Easement for Utilities" is to join in the execution of that
Easement for Utilities executed by Pacific Realty Trust, an Oregon Business
Trust on March 3, 1983.
TO HAVE AND TO HOLD THE Herein described perpetual easement unto the City of
Tigard, its successors and assigns, forever.
IN WITNESS WHEREOF, Washington County, by and through its Board of County
Commissioners, executes this Easement for Utilities this 5th day of
April 1983.
BOARD OF COUNTY COMMISSIONERS
FOR WASH GTON COUNTY, OREGO
APPROVED 1111101
DO
rman
JS
rr _
DATE' °
ec rding cre
Subscribed and sworn to before me this day of , 1983.
.
No ary Public for Oregon
NO 1-A
s'~= My Commission expires:V•OY- ?3Y
PAY C0n1n,;^3ir,•
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 : 2!~~
Mayor
By : Z_e~
City Recorder
STATE OF OREGON )
ss.
County of Washington )
On this day of 193 before me appeared
and
both to me personally known who, being duly sworn, did say tha he, the said
is the Mayor, and he, the said
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.
INTESTIMONY WHEREOF, I have hereunto set my hand and seal the day and
year last above written.
292
Notary Publ"ic for State of 0 gon
r'
My Commission Exipires:/5/-
%
Page
Utility Easement
Recgonized 1/16th cor. ' I EXHIBIT "A"
P.O.B. of C.R. 1IF922 PAGE 2 of 2
Point #289 on C.S. I
11 ' '19,127
1" I.P. w/ Wash.Co.
1
S89059'51"E 20.00' pug- ~ of S.W.Upper
Boones Ferry Road
C.R.#A-138
SO 00'09"W 46.44'
S6
'\'Io44r~ S61044'53"E (Rad.)22.26
' 0%
` P.O.B. of Utilites
Easement Description
\ Realigned Ce e r Line
0
moo, • ~ i
\ ti i
I Ident. 55
` ~p• o cod' L
Ident. 52c & 55
155 ,tip - ° Tax Lot No's. 1102 &
po 30' 20' ~ 100
ei °aa ~o-~ Id r(. 5 c c\1 Tax Map No. 2S-1-13A
Owner:
J~~~ I Pacific Realty Trust
c, 40' ! Utilities Easement
o I Contains 14,213
o square feet more or
of w, less.
C) M
°I o
\ z
O 3
v
` I Z ~
1 C)
JIdent. 52c I o
Realigne Center Ine \ o
°
Curve Data
O1 CL Z~ =41018'27" I 2
Radius= 450.00'
A2 O =26023'04"
Radius= 480.00' I
n = 49003-18" Ident. 56
3
Radius= 450.00'
Scale I"=50'
Date: 1/5/83
I 1 ,
1 1 i
a
utilities Easement Area 10' 31+67.81 P.C. 40' 20'
Angle Point No. 1 of
County Road #922
Point #312 on C.S.
#19,127
DeHAAS $ ASSOCIATES, INC. UTILITIES EASEMENT MAP
CONSULTING ENGINEERS F. SURVEYORS L . I . D . No. 21
Sort! us•AGC c.nr.r (503) 1584-4490
9490 S W commerce Circle Re*. 15315-15105 CITY OF TIGARD, OREGON
Wrlsonrdfg. O,epon 97070
+
File 80.194.118
.w-...
STATE OF OREGON
_ County of Washington SS
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.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio Chief Deputy Clerk
f
Igo rU - i 9: 45
03027513
C"
Project: 72nd Avenue Area-L. I.D. No. 21
Assessment Ident. No.: 52c and 55
Tax Lot No.: 1102 and 100
Tax Map No.: 2S-1-13A
Deed Reference: N.A.
EASEMENT FOR UTILITIES
KNOW ALL MEN BY THESE PRESENTS That Pacific Realty Trust, an Oregon Business Trust
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 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 fallowing 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 on the following terms:
1. Grantee shall use the Easement only for the purpose of laying, constructing, replacing,
and maintaining utility lines. Grantee shall locate such utility lines at a depth
below the surface of the ground sufficient to allow level grading of the surface
terrain of the Easement and to permit the surface of the Easement to be used as a
parking lot, landscaped area, or other reasonable uses. Grantee shall have the right
of ingress to and egress from the Easement over and across lands owned by Grantor by
means of existing or future roads located thereon for the purpose of exercising the
rights granted hereunder.
2. Grantee shall idemnify and defend Grantor against any loss or damage to Grantor or any
claim or liability by or to a third party caused by the exercise by Grantee of its
rights hereunder, or arising in any manner out of the construction, maintenance or use
of the utility lines located thereon by Grantee.
3. Grantor reserves the right to use the Easement area for any and all purposes which do
not unreasonably interfere with the rights of Grantee hereunder. Grantor shall not
construct any buildings on the Easement, but may construct parking lots, landscaping,
or other improvements within the limitations described above. Grantee shall repair any
damage resulting from its laying, constructing, replacing, maintaining or removing of
the utility lines located thereon.
Page I
Utility Easement
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 mnanner interefere
with or restrict, except as here;An stated, Grantee's use of said easement.
This right-of-way and easement is granted with the understanding that any
:pork 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 BOLD 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
Uti l i ty 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 3rd Day of Mar~* 19- 83
(SEAL) PACIFIC REALTY TRUST.bra !%SfAL
- -(SEAL)
Peter F. Bec en, Pr.2§1
(SEAL)
.r
l~
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
_ n4-y e 3_ Get r l, F,~ EaS e m p r~~" I
(CORPORATE)
STATE OF OREGON )
ss.
County of Multnomah )
On this 3rd__ day of March 19 83 before me
appeared Peter F. Bechen RRA
bask to me
personally known, who being duly sworn, did say that he, tbw said.
` is the President, and ha,
t1w m*s X8x$f~8xi Vt&)rTXVf of
Pacific Realty Trust the within
b.usiness tr
named xP8x8#xaustand -
that the seal affixed to said instrument is
usiness trust
the eexpaxa:ty seal of said ac s t, and that the said instrument
business trust
was signed and sealed in behalf of said ~ s xa2ti= by authority of
Trustees
its Board of RicKuu$=B, and Peter F. Bechen
acknowledged said instrument
to be the free act and deed of said ~ mess .trust
s~a:~x8xi .
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and
year last above written.
AAu
law.
Notary Pub is or Sta a o. 09 krf,
My Commission Expires: Apr.-',q'i-.19.44- ~
Page 4
Util'i`ty Easement
'T
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
Ely: '0;1
Mayor
By
City Recorde
STATE OF OREGON )
ss.
County of Washington)
On this 40 "t day of 19 F3 before me appeared
~/Jc.e lL • ,tom and _2rsy -
both to me personally known who, being duly sworn, did say tat he, the said
is the Mayor, and he, the said
_ is the Recorder of the CITY OF TIGARD, a municipal
corporatio , and the said 45if~ and
_ 0 / acknowledged the said instrument
to be the free act Ad deed of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and
year last above written..
std
(A tary Public for State of regon
~s
My Commission Expires: .1--141
Page 5
Utility Easement
Utilities Easement Description Exhibit "A"
Ident No. 52c and 55 Page 1 of 2
A tract of land being a portion of County Road No. 922 and County Road
No. A-138, in the Northeast 4 of Section 13, T.2S., R.1W., W.M., City
of Tigard, Washington County, Oregon more particularly described as
follows:
Beginning at the point of intersection of the southeasterly right-
of-way of S.W. Upper'•Boones Ferry Road (County Road A-138) (60 feet
wide) and easterly right-of-way of S.W. 72nd Avenue (County Road
No. 922) (40 feet wide) said point of beginning also lies S 0000'09" W,
46.44 feet and S 89059'5.1" E, 20.00 feet from the point of beginning
of County Road No. 922 (shown as point No. 289 on County Survey No.
19,127); thence S 0000'09" W along the east right-of-way of said
County Road No. 922, 421.802 feet to a point of curve; thence north-
westerly along a 480 foot radius curve to the left through a central
angle of 26023'04" (chord bears N 13011'23" W, 219.090 feet) 221.037
feet to a point, that is 30 feet westerly at right angles to the
center line of County Road No. 922; thence N 0000'09" E, 164.556 feet
to a point; thence S 48041'42" W, 68.561 feet to a point on the
southerly right-of-way of S.W. Upper Boones Ferry Road (a 60 foot
wide right-of-way, as shown on County Survey 19,127); thence
N 39023'32" E in a straight line 129.05 feet to a point that is
S 61044'53" E, 40.00 feet from the revised center line of S.W.
Upper Boones Ferry Road and S.W. 72nd Avenue; thence S 61044153" E,
22.26 feet to the Point of Beginning of the tract herein described.
Contains 14,213 Square Feet more or less.
1/4/83 CRC
80.194.118
r
1
` Recgonized 1/16th cor. I I EXHIBIT "A"
P.O.B. of C.R. 0922 ; PAGE 2 of 2
Point 41289 on C.S. I
19,127 I /
1" I.P. w/ Wash.Co.
f ~
589059'51"E 20.00'\ plug- ~ of S.W.Upper
Boo es Ferr Road
C. .#A-138
SO 00'09"W 46.44'
610 1561044'53"E (Rad.)22.26
' 4p F
3 P.O.B. of Utilities
Easement Description
~ Read i gned Ce er Line
0
Ident. 55
~ I
CIO
Fe~g1 N Ident. 52c & 55
o Tax Lot No's. 1102 &
1~oo3 P oo ~ ' _ 30' 20' 100
-6 Id w~. 53c I ~ Tax Map No. 2S-1-13A
r"( Owner:
i Pacific Realty Trust
5 Utilities Easement
,~ti ~J~, 0 40 I Contains 14,213
o I ! square feet more or
less.
o l W
~~x°~ \ \ o rn
of o
CD
o
\ I O 3
CD
Ident. 52c /
CD
Realigne Center ~ne o
Io
Curve Data N
I
Al =41018'27" I 2
Radius= 450.00'
02 L =26023'04"
Radius= 480.00'
Z3 en~ = 49003'18" I Ident. 56
Radius= 450.00' i
Scale 1''=50' I I
Date: 1/5/83
I I ,
U - Utilities Easement Area 31+67.81 P.C. 40' 20'
Angle Point No. 1 of
County Road #922
Point #312 on C.S.
»19,127
DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP
CONSULTING ENGINEERS & SURVEYORS L . I . D . No. 21
Suite 445-AGC Center (503) 882-2450
9450 s W Commerce Circle Res. 63"105 CITY OF TIGARD, OREGON
Wilsonville, Oregon 97070 %
File 80.194.118
J
t
STATE OF OREGON
County of Washington SS
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.
Donald W. Mason, Director of
Assessment and Taxation. Ex-
Officio Chief Deputy Clerk