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83-003792 A 83003792 Project: 72nd Avenue Area - LID No. 21 Assessment Ident. No.: 5 Tax Lot No.: 100 Tax Map No.: 2S-1-1DC Deed Reference: Book 262. Page 329 EASEMENT FOR UTILITIES Gus Greco and Loraine Greco, KNOW ALL MEN BY THESE PRESENTS That as Tenants by the entirety of the County of 1f1ash1oa t7 , State of in Consideration of the sum of One Dollar ($1.00) to them in hand paid, do hereby grant an convey unto the City o Tigar , 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,.a_nd 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 Uti l i ty 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 22n.,fDay of 19 8Z. X (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 thi s 22hliday of Q~gcPrdf.[~er 19" . Mortgagee ~•peQ y` By _ Title STATE OF ss. County of BE IT REMEMBERED That on thi s.ZZh01day of Qece.~,6~r 19 BZ , before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named ,Lorv~ae ~f ~,•ecv /Jr1o( Gass / ~',.,~cu _ 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. Notary P is o Oregon 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,TTIGGAARD By Mayor B Y= City Recorder STATE OF OREGON ) ss. County of Washington) On this /bT~+ day of 1973 , before me appeared Le); burr and ~_,Q~~S hJa•Y-'f~ Q both to me personall. known who, being duly sworn, did say that he,""the said p is the Mayor, and he, the said Z s is the Recorder of the CIT 9 F TIGARD, a municipal corporatio and the said Ll I LLA--V n- - SL`d and = ~ r,5 acknowledged the said instrument to be the free act and de 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 Oregon d" My Commission Expires. Page 5 ty~Easement Utilities Easement Description Exhibit "A" Ident No. 5 Page 1 of 2 A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, 172S, R1W, W.M., the City of Tigard, Washington County, Oregon, being that portion of the tract of land described in Book 262, Page 329 (Deed) of the. Wash- ington County, Oregon, records (T.L. 100, Map 2S-1-1DC), which lies easterly of the following described line: Beginning at a point on the south line of said tract described in Book 262, Page 392, that is 30 feet westerly at right angles to the center line of S.W. 72nd Avenue (County Road No. 472); thence Northerly 136.1 feet more or less in a straight line to a point on the north line of said tract described in Book 262, Page 392 that `is 26 feet westerly at right angles of the center line of S.W. 72nd Avenue (County Road No. 472); thence Easterly along the said north line 5.00 feet more or less to a point that is westerly 21.00 feet at right angles to the center line of said S.W. 72nd Avenue; thence Southerly 136.1 feet more or less in a straight line to a point on the south line of the said tract described in Book 262, Page 392, to a point that is 25 feet westerly at right angles, to the-center line.of:said;S,W. 72nd Avenue; thence Westerly..5.00.feet'more or less to_the.Poin-t of-Beginning. 12/14/82 80.194.118 1 Y • 2" Iron Pipe at the N.E. Corner of the W.W. Graham D.L.C. also Exhibit "A" the Initial Point of the Plat of "Hermosa Park" Page 2 of 2 N _ f\ O Z m O C O O ' I (Private Access) 16.5' 26'- S.W. Fir Street Public Road (Book 272, Page 573) 20' 21'••~ I \ Assessment Ident. No. 5 Tax Lot No. 100 • Tax Map No. 2S-1-1DC I o I ° Owner: Gus and Loraine Greco LO M Deed Ref.: Book 262, Page 329 r Utilities Easement Contains I 680 Square Feet more or less I 20' 40' I 25 - 30 Scale: 1"=50' Date: 12/14/82 I w z LU r- E w N N Ql t\ I M O Ln rO O 3 Z-1 cn i 30' D Utilities Easement Area Stone in Monument Box at 130' Easterly S.E. Corner of the W.W. Graham D.L.C. • DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS L I D NO. 21 sure 445-AGC Center (503) 6a2-2450 CITY OF TIGARD, OREGON D450 S.W Commerce Circle Res. 536-0105 Wilsonville. Oregon 97070 File No. 80.194.118 M ` STATE OF OREGON SS County of Washington 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 U~ Assessment and Taxation, Ex- Officio Chief Deputy Clerk 19 3