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83-008667 83008667 ..'I I Project: 72nd Avenue LID No. 21 Assessment Ident. No.: 23 Tax Lot No.: 601, Tax Map No.: 2S-1-12A Deed Reference: Book 913, Page 666 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That Margaret B. Weiss of the County of Bexar State of Texas 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 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 Z 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 ar.d purposes of the easement. Page 1 Utility Easement r , 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 ,,.ill 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 C2 The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. WI/TN SS our hands and seals this 28th Day of. January 19 83 & JA a~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 Texas ) ss. County of Bexar BE IT REMEMBERED That on this 28th day of January , 19 83 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named and who are known to me to be the i denti cal i ndi vi duals described i n and•ho,- executed the above instrument and acknowledged to me that they exequtedttie same freely and voluntarily. - IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day rtd.: year last above written. y Pub i of 64agan &1 ns My commission, 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 : - City Recorder STATE OF OREGON ) ss. County of Washington) On this 23rd day of February 19 83 before me appeared Wilbur A. Bishop and Doris Hartig both to me personally known who, being duly sworn, did say that he, the said Wilbur A. Bishop _ is the Mayor, and he, the said Doris Harti is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Wilbur A. Bishhop and Doris art'g acknowledged the said instrument to be the free act and 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 0 gon fly Commission Expires: 4-14-84 Page 5 Utility Easement I / 1. w Utilities Easement Description Exhibit "A" Ident No. 23 Page 1 of 3 Two parcels of land in the N.E. 4 of Section 12 of T2S, R1W, 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 913, Page 666 (Deed), of the.Washington County, Oregon,.records (T.L. 601, 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 112 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 of land described in Book 913, Page 666 (Deed), of the Washington County, Oregon, records (T.L. 601, Map 2S-1-12A) which falls within the following described parcel: Beginning at a point that is 5.00 feet westerly at right angles to the westerly right-of-way of S.W. 72nd Avenue (County Road No. 126) (an existing 40-foot wide right-of-way) and is southerly 45 feet at right angles to the center line of S.W.'Landmark Lane (an existing dedicated 50-foot wide right-of-way); thence westerly at right angles to the center line of said S.W. 72nd Avenue 5.00 feet to a point of curve; thence northwesterly along a 10-foot radius curve to the left (the radius point of said 10-foot radius curve lies 40.00 feet westerly at right angles to the center line of said S.W. 72nd Avenue and 45.00 feet southerly at right angles to the center line of said S.W. Landmark Lane),, through a central angle of 90059', more or less, 15.9 feet, more or less, to a point that is 35.00 feet southerly at right angles to the center line of said S.W. Landmark Lane; thence northerly at right angles to the center line of said S.W. Landmark Lane 5.00 feet to a point of curve; thence southeasterly along a -~S .p Utilities Easement Description Exhibit "A" - Ident No. 23 Page 2 of 3 15.00 foot radius curve to the right (the radius point of said 15-foot radius curve is the same as the afore mentioned 10-foot radius curve), through a central angle of 90059', more or less, 23.8 feet, more or less, to the. Point of Beginning. k ~t -L-1-11., l FU I i, h Page 3 of 3 i Stone at Recognized 1/16th Corner (Point \ "B" on C.S. 13,247) 20..0 _ I I Utilities Easement U E I - a • p~ QJ U 03 U CY i Q N L •r •r w Scale: 1"=50' Date: 12/3/8 S.W. LANDMARK LANE CD (To the public Book 1027, Pages 283 thru 286.) I Parcel 2 - - - - - - - - - - - - 0 -3 5.00 5 00' Jr" . ~ I Easement Curve Data = 90058'4D-"± i Radius = 10:000 M - Arc = 15.88± o - ! ' Tangent = 10.17± I ~ N I t\ IC\1 i Assessment Ident. No. 23 ( N Tax Lot No. 601 C• I 4 Tax Map No. 2S-1-12A ° l Owner: Margaret B. Weiss I Deed Ref.: Book 913, Page 666 Utilities Easement Contains 1148 Square Feet, more or less. I 3 STATE OF OREGON Ss 25' County of Washington - LL I I, Donald W. Mason, Director of Assessment CD and Taxation and Ex-Officio Recorder of Con- I veyances for said county, do hereby certify that 30 , z the within instrument of writing was received Parcel 1 I and recorded in book of records of said county. l Donald W. Mason, Director of I 2l] , Assessment and Taxation, Ex Officio Chief Deputy Clerk J i Brass Cap in Iron Pipe at ~(1 Recognized 1/16th Corner (Point "P" on C.S. 13,247) \ I I City of Tigard 12755 SW Ash 14• X20 0 r PO Box '3397 ligard OR 97223 L9~45OS'vV HAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP NSULTING ENGINEERS & SURVEYORS LID NO. 21 C Center (503) 632-2450 CITY OF TIGARD, OREGON ommerce Circle Res 636-6195, Oregon 97070 File fIo. 80.194.118