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83-016688 . - 8301668-8 Project: S.W. 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 44 Tax Lot No.: 500 Tax Map No.: 2S-1-12DC Deed Reference: Book 919, Page 978 (Contract) EASEMENT FOR UTILITIES Arlene B. Stites (Vendor) and Lynn.:B and KNOW ALL MEN BY THESE PRESENTS That Monica-McDonald (Vendee) of the County of ~shi~ art , State of Qt-egon 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 following described real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION SEE ATTACHED EXHIBIT "A" 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 NONE r 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. WITNESS our hands and s al s thi 1 Day of ~ Lf,~ 0- 19 `d3. AL 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 i _ 19 Mortgagee By Title (INDIVIDUAL) STATE OF - Q ) ss. County of ~~IU YIa ~t11~1 A BE IT REMEMBERED-That-on this day of IV~QVu& 1933, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named 8. KC16rLa(A and Kk h I[',- ( LcDg,(w,Ld , r12ne 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. Mot- Notary Public - ARY CHAPSPu~°J My commission Y mmIss i es Page 3 Utility Easement r, 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: yzzXWW ayo By : A6~~ City Recorder STATE OF OREGON ) ss. County of Washington) On this /02 day of _Pl 19 95 before me appeared and both to me personally known who, being duly sworn, did say that he", the said -~~•~1~J_ o 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 nd deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. -Notary Public for State of e.gon Ply Commission Expires: Page 5 Ilti 1 i tv F~,carnAnt ~ . „ Utilities Easement Description Exhibit "A" Ident. No. 44 Page 1 of 2 A parcel of land in the S.E. ; of Section 12 of T.2S., R.1W., W.M. Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 919, Page 978 (contract) of the Washington County, Oregon Records (T.L.. 500, Map 2S-1-12DC) which falls between a line 25 feet westerly at right angles and parallel to center line and a line 30 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a point that is N 89038'24".E 20.00 feet from the recognized East 1/16 corner on the South line of said Section 12 also being the Point of Beginning of County Road No. 922 noted as Point No. 289 on County Survey No. 19,127; thence 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 at the recognized 1/16 corner, said 1/16 corner shown as Point "P" on County Survey No. 13,247. City of Tigard 12755 SW Ash PO Box ?3397 Tigard OR 97223 12/7/82 80.194.118 ' Exhibit "A" 1 Page 2 of 2 Brass Cap in Iron Pipe at ® N 89040'44" E 20.00 recognized 1/16th Corner M (Point "P" on C.S. 13,247) N Assessment Ident. No. 44 20' v Tax Lot No. 500 Tax Map No. 2S-1-12DC Deed Ref.: Book 919, Page 978 25' „(Contract) c Vendor: Arlene B. Stites I I Vendee: Lynn B. McDonald and N v Monica McDonald CIIJ Utilities Easement Contains 30 640 Square Feet more or less ¢ Scale: 1"=50' i 0) Date: 12/7/82 F. N •r X I ( LLJ I I I ~ carman I N i o Z 0 3 I U M ti N O O Z I I I i I Utilities Easement F-1 a, `IJ ♦ 1 Uj J V Z I/ O LLJ / Q) < Q I N t\ / I I N Recognized East 1/16th Corner, Pt. of Beginning of County Roa. A - No. 922 (Point No. 289 on C.S. 19,127 / N 8938'24'° E 20.00 DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS L I D NO. 21 Suite 445-AGC Center (503) 082-2450 CITY OF TIGARD, OREGON 9450 S.W. Commerce Cirele Res. 838-8195 Wilsonville, Oregon 97070 „I. 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 d r{ l u I"; X 10: 2 1