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83-016686 ^R::_ :.1 83016686 f - Project: 72ND AVENUE AREA - LID No. 21 Assessment Ident. No.: 31 Tax Lot No.: 2101 Tax Map No.: 2S-1-12A Deed Reference: Book 925, Page 673 EASEMENT FOR UTILITIES Thomas M. Taylor and Riley R. Taylor, KNOW ALL MEN BY THESE PRESENTS That as tenants in common of the County of Washington State of Oregon in Consideration of the sum of $1.00 (one dollar) to them in hand paid, do hereby grant and convey unto the City o 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 / 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 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. WITN S our hands and sea this Da f 19yi. SEAL) (SEAL) Thomas M. Taylor i -y R. aylor ( 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 10th day of February 19 83 U.S. .NKT-6NAL BANK TF OREGON INCOME PROPERTY FINANCE DEPT. Mortgagee a , By _ -Phillfp Miller Asst. Vice President _ Title (INDIVIDUAL) STATE OF ) } ss. County of~ BE IT REMEMBERED That on this day of _ 19f3 , before me, the undersigned, a Notary Public in and for said County and State, personally a peared tth{e- above named `c.,~---- and who are know 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 m and and seal the 4 a~9i`a year last above written. zo, Notary Pu i of Oregon: My commission expires Page 3 Utility Easement (CORPORATE) STATE OF OREGON ) ) ss. County of Multnomah, ) On this 10th day of February 19 83 before roe appeared Phillip J. Miller BOW to me personally known, who being duly sworn, di~issfy that he, the said Phillip J. Miller is the Vice. President, UM X X X XX.*X l5)¢aCZeUX%'X o f U.S. National Bank of Oregon the within named Corporation, a)E~(QXXt#(X9ldl((X~(~lfi()f~?9XD~X)f1XiXX7hXi1tX~X tlbXb~H~~~((IXXX~(X)~YdG(t( and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Phillip 0. Miller AM 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. _ W-t•,_s; Notary Pu lic or State of Oregon f. n ;y C .r V~ My Commission Expires: 12-10-85 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 By: Mayo r By : - City Recorder STATE OF OREGON } ss. County of Washington) On this _L day of _ 19 4 , before me appeared and both to me personally known who, being duly sworn, did say that e, the said is the Mayor, and he, the said _ is the Recorder of the CITY OF TIGARD, a municipal corporatio , and the said - and acknowledged the said instrument to be the free act a 9d deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day anal yea.r,,1ast above written. -OW R _ Not y Public for State of Oregon My Commission Expires: Page 5 Utility Easement " Utilities Easement Description Exhibit "A" Ident. No. 31 Page 1 of 2 A parcel of land in the N.E. 4 of Section 12 of T.2S, RAW., W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 925, Page 673, (Deed) of the Washington County, Oregon, Records (T.L. 2101, Map 2S-1=12A) 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 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 (the northwest corner of the East 2 of the southeast 4 of said Section 12) noted as Point."P" on County Survey No. 13,247; thence along a 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 12 of the northeast 4 of said Section 12) noted as Point."B" on County Survey No. 13,247. II City of Tigard 12755 SW Ash 12/14/82 PO Box 23397 Tigard OR 97223 80.194.118 Rage 2 of 2 Id,- tone at Recogni zed 1/ 16th Corner (Point "B" on C.S. L' \ N 89043'04" E 20.00 13,247) ~ I II •r J ~ L t C I v a i v U I ~ I C •r •r I X I W ~ Scale: 1"=50' I Date: 12/ 14/82 ,D N I o I I Z Utilities ® Easement Area c I 0 I Assessment Ident No. 31 20' Tax Lot No. 2101 I I Tax Map No. 2S-1-12A Owner: Thomas M. Taylor and I 2 1' C\j Riley R. Taylor Deed Ref.: Book 925, Page 673 Utilities Easement Contains EI 30' 635 Square Feet more or less N,I I 3 I STATE OF OREGON I County of Washington SS I, Donald W. Mason, Director of Assessment 0 and Taxation and Ex-Officio Recorder of Con- C) I veyances for said county, do hereby certify that Z the within instrument of writing was received t I and recorded in book of records of said county. I Donald W. Mason, Director of IF . Assessment and Taxation, Ex- Officio Chief Deputy Clerk If I i • `r\i , (It n: 2 % W % rte. % Brass Cap iN Iron Pipe at Recognized 1/16th Corner N 89040'44" E 20.00 (Pt. "P" on C.S. 13,247)__ _ DeHAAS & ASSOCIATES, INC. CONSULTING ENGINEERS 8 SURVEYORS UTILITIES EASEMENT MAP LID NO. 21 Suite 44S-AOC Center (503) 882-2450 CITY OF TIGARD, OREGON WScircle O 5 W Commerce , Wilsonville, Oregon 97070 070 R*s 8.38-6195 AFTER RECORDING RETURN TO: U.S. National Bank Income Property Finance 555 S.W. Oak Street Portland, Oregon 97204 PL5 Ann E. Arnott