83-016687
8301668.1-
Project: S.W. 72nd Avenue - LID No. 21
Assessment Ident. No.: 59
Tax Lot No.: 1200
Tax Map No.: 2S-1-12D
Deed Reference: Book 1137, Page 46
EASEMENT FOR UTILITIES
KNOW ALL MEN BY THESE PRESENTS That William Nickoloff and Martha L. Nickoloff, as
tenants by the entirety, as to an undivided 2 interest, and Mac Sharp, as to an
undivided 2 interest(Vendors) & Sharp & Associates, Inc., an Oregon Corporation(Vendee),
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 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 in-
stalling said utility lines and maintaining and repairing them,
but reserving to the grantorsthe 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
: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 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 a d seals this 18th Day of February T
(SEAL) SHARP & ASSOCIATES, II~FC.'°' (A
f
( EAL) , Pr fns
Secret
For a consideration, the mortgage lien on the above described pi^opert es
is hereby made subordinate to the easements above granted.
Dated this day of 19
Mortgagee
By
Title
(INDIVIDUAL) -
STATE OF OREGON )
ss.
County of - Washington
BE IT REMEMBERED That on this 18th day of - February 19 83
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the above named Mac Sharg_ _
and Martha L. Nickoloff and William Nickoloff _
who are known to me to be the identical individuals describers 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 y hand and seal the day and
year last above written.
No a y u I c o regon
My commission expires 8 28 ~4=~ ''`y° c
Page 3
Utility Easement
(CORPORATE)
STATE OF OREGON }
ss.
County of Washington )
On this 18th day of February 1983 before me
appeared Orval D. Johnson and
David L. Reichel both to me.
personally known, who being duly sworn, did say that he, the said
Orval D. Johnson is the President, and he,
the said David L. Reichel _ is the Secretary of
SHARP & ASSOCIATES, INC. the within
named Corporation, and that the seal affixed to said instrument is
the corporate seal of said Corporation, and that the said instrument
was signed and sealed in behalf of said Corporation by authority of
its Board of Directors, and Orval D. Johnson and
David L. Reichel 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.
4'llllll.i.ltt. ttt,ts
ary Public or State of 0 regoll n~
My Commission Expires:
'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 :
Mayor--
By: AL--'X'
City Recorder
STATE OF OREGON )
ss.
County of Washington)
On this day of ray 1925 before me appeared
and
both to me personally known who, being duly sworn, did say *hahe, the said
J is the Mayor, and he, the said _
_ is the Recorder of the CITY OF TIGARD, a municipal
corporation, nd the said and
acknowledged the said instrument
to be the free act an deed of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and.seal the day and
year last above written.
~`rr:=~r=A . ~ = otary Pub ic for State of gon
Ply Commission Expires:
Page 5
Utility Easenâșent
t
Utilities Acquisition Description Exhibit "A"
Ident No. 59 Page 1 of 3
Two parcels of land in the S.E. 4 of Section 12 of T2S, R1W, W.M.,
Washington County, Oregon, more particularly described as follows:
Parcel 1 - being that portion of the tract described in Book 1137,
Page 46 (contract) of the records of Washington County, Oregon
(T.L. 1200, Map 2S-1-12D) which falls between a line 25 feet
easterly at right angles and parallel to a center line and a line
30 feet easterly at right angles and parallel to said center line,
said center line described as follows:
Beginning at a point that is N 89038'24" E, 20.00 feet from
the recognized East 1/16th corner on the South line of said
Section 12 (the southwest corner of the East z of the south-
east 4 of said Section 12) noted as Point No. 289 on County
Survey No. 19,127; thence along said center line 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 inside at the recognized
1/16 corner (the northwest corner of the East z of the southeast
4 of said Section 12) noted as Point "P" on County Survey No.
13,247; thence continuing along said 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 2 of the
northeast 4 of said Section 12) noted as Point "B" on County
Survey No. 13,247.
Parcel 2 - being that portion of the tract described in Book 1137,
Page 46 which falls within the following described parcel:
Beginning at a point that is N 0021'36" W, 405.69 feet and
N 89038'24" E, 45.00 feet from the recognized East 1/16 corner
on the line between Sections 12 and 13 said 1/16 corner being
shown as Point No. 289'on County Survey No. 19,127; thence
southeasterly along a 45-foot radius curve to the left
1
Util.lties,Acquisiti.dn'Descri.pt%on Exhibit "A"
Ident. No. 59 Page 2 of 3
through a central angle of 106024'50", 83.58 feet (long
chord bears S 53034'01" E, 72.07 feet) to a point; thence
N 16046'26" W, 5.00 feet to a point; thence northwesterly
along a 40 foot radius curve to the right through a central
angle of 106024'50", 74.29 feet (long chord bears N 53034'01" W,
64.06 feet) tp a point; thence S 89038'24" W, 5.00 feet to
the Point of Beginning.
City of Tigard
12755 SW Ash
PO Box 23397
Tigard OR 97223 12/16/82
80.194.118
N 890,10'44" E
Exhibit "A"
rass Cap in Iron 20.00' Page 3 of 3
Pipe, at Recognized J
1/16th Corner
(Point "P" on
C.S. 13,247)
C1-j CU
C ( 2
J ~
O
Q1
rt7 C ~
O N
U I
4-J Q)
U I
U Nor h
Scale: 1" = 100'
Date: 12/15/82
L.U 4C Curve Data
Zir
w Al = 106024'50"
a I Rad. = 45.00
CD Arc = 83.58
N chord 72.07
c72\ rd br. = S 53034'01"E
3 I n = 106024'50"
N . Rad. = 40.00
I I Assessment I nt. N 59 Arc = 74.29
( ! Tax Lot No. 1 00 chord = 64.06
Tax Map No. 2S 1-12D hord br. = S 53034101"E
I Deed Ref.: Boo 1137 Page 6
M I Boo 992, ages 6-421
M Owner:
0 William Nickolo f (Se ler)
N Mac & Martha L. harp eller
Sharp Associates, Inc. urcha er)
O
8 3 = 28032'11"
5 Ra = 318.31
De = 18000' 0"
I Parcel 1
S89038'24" `,I
5.00 s ,
%
N 89038'24" E
45.00
1
Parcel 2
3
Recognized 1/16th ( N 89038'24"E
orner on South 4.64
Line of Sec. 12 N 89038'24" E
Pt. of Beginning of o 20.00 Utilities Easement Area
.R. No. 922
(Pt. No. 289 on C.S. 19,127)
®eHAAS & ASSOCIAYES9 INC. UTILITIES EASEMENT MAP
CONSUL T ING ENGINEERS & SURVEYORS LID NO. 21
Suite 445-AGC Center
945 (503) 662-2450 CITY OF TIGARD, OREGON
0 S W COMFnerce C,rcle
W~150neii~g Res 838-8163
Oregon 97070
V File No. 80.194.118
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