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83-008669 83008669 Project: 72nd Avenue Project - LID No. 21 Assessment Ident. No.: 34 Tax Lot No.: 2300 Tax Map No.: 2S-1-12A Deed Reference: Book 847. Page 130 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That William P. Buck of the County of Multnomah State of Oregon in Consideration of the sum of One Dollar ($1.00) 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 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 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 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 : Svc-cam City Recorder STATE OF OREGON ) ss. County of Washington) On this day of Z~e - 19, before me appeared ~I four ~S~top and f both to me personally known who, being duly sworn, did say hat he, the said ly~ /fur ,~,sb is the Mayor, and he, the saidris is the Recorder of the CITY OF TIGARD-,-a municipal corporati,on, and the said and /s 11 acknowledged the said instrument to be the free actVand deed of said municipal corporation. IN TESTIMONY WHEREOF, I have-hereunto set my hand and seal the day and year„Last above written. 44Lary Public for St to of 0 gon y. JnFC / Ply Commission Expires: Page 5 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 Day of 19 P (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 OREGON ) ss. County of MULTNOMAH BE IT REMEMBERED That on this day of 19-3,2_, before me, the undersigned, a Notary Public in an for said County and State, personally appeared the above named WILL P. BUCK _ and - - 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. - My commission expires Page 3 Utility Easement ~3 Utilities Easement Description Exhibit "A" Ident. No. 34 Page 1 A parcel 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: Being that portion of the tract of land described in Book 847, Page 130, (Deed) of the Washington County, Oregon, Records (T.L. 2300, 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 89040'44" 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. - 12/29/82 80.194.118 Stone'at Recognized Exhibit "A" 1/-}6th Corner (Point "B" l i Page 2 of 2 on C.S. 13,247) N 1 I N 89043'04" E ' 20.00 ( z I ° I 1 o I 0 > I I z W 0 z I N f\ I 3 Lot 48 Lot 47 I E I I KT I - / ►n 1 N X20' N Assessment Ident. No. 34 ' N Tax Lot No. 2300 I - Map No. 2S-1-12A Scale: 1"=50' Owner: William P. Buck Deed Ref.: Book 847, Page 130 25'' Date: 12/29/82 Utilities Easement Contains 470 Square Feet more or less I I X30' Utilities 3 Easement STATE OF OREGON _ Area SS County of Washington Ln I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- i 1-4 veyances for said county, do hereby certify that p the within instrument of writing was received ` a) o0 and recorded in book of records of said county. E J Z Donald W. Mason, Director of O Assessment and Taxation, Ex- C) V Officio Chief Deputy Clerk W00 Lot 47 X1 %I U ty" Lot 46 a 1983 I S P, M 10: 14 U' ¢ Brass Cap in Iron Pipe at Recognized 1/16the Corner (Point No. "P" on x C.S. 13,247) I City of Tigard N 89040'44" E 12755 SW Ash 20.00 PO Box 23397 Tigard OR 97223 DeHAAS a ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS L I D NO. 21 Suite 445-HOC Centw 15W1 ee2-2430 CITY OF TIGARD, OREGON 0450 S W Commeree Circle Res. H3"193 , WOsonvdte, Oregon 97070 File No. 80.194.118