83-008665
83008665
Project: S.W. 72nd Avenue Area - LID No. 21
Assessment Ident. No.: 65
Tax Lot No.: 2700
Tax Map No.: 25-1-12A
Deed Reference: Book 1072
Pages 13 - 14
EASEMENT FOR UTILITIES
Seventy-Second Development Co., a partnership
KNOW ALL MEN BY THESE PRESENTS That comprised of Robin M. Hesse and Kenneth V. Bull
of the County of fo,I State of p.,c9o.7 , 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
aarporati_an organised 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
See Exhibit "B" 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
1, Utility Easement f
i,
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, Gran'tee'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.
::,~ny :t li iJ .
W our hands ands this 14 nW Day of "
(SEAL)
_ a - .e UJ:
ROBIN M. HESSE, PARTNER (SEAL) KENNETH V. BULL, PARTNER
(SEAL) F-or a consideration, the mortgage lien on the above described properties
is hereby made subordinate to the easements above granted.
Dated this 10th day of -January _ 19_8 3
CHARTER PAGE, INC.
Mortgagee By
_
Secretary/Treas er
Ti tl e
(INDIVIDUAL)
STATE OF 0,
ss.
County of
BE IT REMEMBERED That on this _/5r _ day of 19 Ba-~
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the above named 2ob,;, vr7. Ncs.sc- _
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~.a ud
year last above written.
Notary Pub 1 of Oregon
My commission expires 7
i
Page 3
Utility Easement
I
(CORPORATE)
STATE OF Oregon )
ss.
County of Washington
On this 10th day of _ i January _ 19 83 before me
appeared Thomas L. Bury and
borth to me
personally known, who being duly sworn, did say that he, the said
is the President, and he,
the said Thom L g is the Secretary IV Treasurer of
CHARTER PAOE,_ 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 and
Thomas L. Bury 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. fyj
oo• ~J L ~ S,
QCC "I
Notary Pub c or State :off
My Commission Expires: 3-25--8_'j;
Page 4
Utility Easement
"T
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 :
ayo r
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 Hartigis the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Wilbur A Bishop, and
Doris Har i _ acknowledged the said instrument.
to be the free act and deed of said municipal corporation.
:'IN TE$;1 ;IM NY WHEREOF, I have hereunto set my hand and seal the day and
year 1,t above wri tten.
Z.
OTA
oo~
_ o ry Public for State of 0 gon
P4y Commission Expires: 4-14-84
Page 5
Utility Easement
Page 1 of 2
Utility Easement Exhibit"A"
Ident. No. 65
A parcel of land in the N.E. 1/4 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 1072, Pages
13 and 14, (Deed) of the Washington County, Oregon, Records (T.L. 2700,
Map 2S-1-12A) which falls between a line 25 feet easterly at right
angles and parallel to a centerline, and a line 30 feet easterly at.
right angles and parallel to said centerline, 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.
10/20/82 CRC
80.194.118
WILSON & DEAN CONSTRUCTION CO.,INC.11016 N.E. 61ST AVENUEIPORTLANT' OR 972131PHONE (503) 281-8888
EXHIBIT B
3 December 1982
Mr. Marlin J. De Haas P.E.
De Haas & Associates
Suite 445 AGC Center
9450 S.W. Commerce Circle
Wilsonville, Oregon 97070
Re: 14830 S.W. 72nd Avenue
Road and Utility Improvements
Gentlemen:
As a condition to agreeing to the right of way and casement
provisions presented by your firm on behalf of the City of
Tigard;
R
a. It is agreed that the four (4) plants removed
by your contractor will be replaced with plants
similar in size and variety to those presently
existing on the site.
b. Any future work done within the proposed right
of way and easement areas that causes damage,
plant removal or other property involvement,
will be repaired and/or replaced to restore
that area to its original condition.
Please indicate your agreement to the above by signifying
below.
Sincerely,
obin M. Hesse, esident
WILSON & DEAN CONSTRUCTION CO., INC.
Marlin /J. DeHaas, P.E.
Accepting for and on behalf of the City of Tigard
Date o-
cc : City of Tigard et"
;';I'A'I'I I lea: l11 N-6 1 ~P~ -IN'I'I:A,,: I', `R;; Ia.;l' N~'I'IUN NItty IVI L:: vU ~;:1(,,-U':
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NEW DE
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Page 2 of 2
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Scale: 1"-50' ° w
Date: 10/20/82
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® Utility Easement
Lot 48
e
I t 5' Utility Easement
Assesment Ident. No. 65
25' I Tax Lot No. 2700
L Map no. 2S-1-12A
Owner: Seventy-Second Development Co.
Deed Reference: Book 1072
-•ti C", I Pages 13 & 14
Utility Easement Contains
s i 825 Square Feet more or less
-_1•10 STATE OF OREGON
County of Washington SS
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
jl ` - veyances for said county, do hereby certify that
` the within instrument of writing was received
\ I and recorded in book of records of said county.
o -
\ o Donald W. Mason, Director of
`;tea = z Assessment and Taxation, Ex-
-~O , Officio Chief Deputy Clerk
Lot 48
3
Lot 47 I
I 163 ~1'~-.~~( { ~ ~r1'i 10: 14
Brass Cap in I.P. at
Recognized 1/16th Corner
(Point No. "P" on C.S.13,247)
DeHAAS & ASSOCIATES INC. RIGHT OF WAY ACQUISITION MAP
CONSULTING ENGINEERS & SURVEYORS LID NO. 21
CITY OF TIGARD, OREGON
,wle 445-4GC Center 1503! 682-2450 ^ City of Tigard
VVilAOn•ille." _iE. nn GICIlfI
12755 SW Ash
PO Box 23397
File No. 80.194.118 Tigard OR 97223