83-003790
3003790
Project: 72nd Avenue Area- L.I.D. No. 21
Assessment Ident. No.: 116
Tax Lot No.: 1700
Tax Map No.: 2S-1-13A
Deed Reference: Ronk 366,PagP 625 R
FPP Nn_ 79-03645n
EASEMENT FOR UTILITIES
Walter A. Durham Jr. (Vendor) and
KNOW ALL MEN BY THESE PRESENTS That Glen A. Henry (Vendee)
of the County of Washington State of Oregon in Consideration of the
sum of . $1.00 (One Dollar) to them in
hand paid, o 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 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
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 _ Q
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, 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
The grantors do hereby warrant that they are the owners in fee simple
and have the right to grant the above described easements.
WI NESS our hands and seals this .23,-d Day of ~ece..~6e,r 19 SZ.
~oR GCEat//f/,y L) !XLG'v° (SEAL)
(A .Jo#N"r vE rvM9
(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
ySTAT OF _ ~ D )
ss.
County of !N_t+s i NCxTp
BE IT REMEMBERED That on this 23ro( day of e42ge e't 19 $
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the above named ae-k Ileh7 ~Pw~r dfAf~orh~i _
who are known to me to be a 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. 2~
Notary Pu i of regon
My commission expires 6 z~ ~6
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 : ze"
City Recorder
STATE OF OREGON )
ss.
County of Washington)
On this I / y 71,day of 119 83 before me appeared
LIJ; !~K and Drf'.S. . ~`q
both to me personally known who, being duly sworn, did say that he, the said
is the Mayor, and he, the said
is the Recorder of the CITY OF TIGARD, amunicipal
corporation, and the said %SL+o and
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.
oPub AC for State of Oregon
My Commission Expires. 1~--d~ -$s
J ~
Page 5
Utility Easemnentc-
. - .
.7 FORM rte. 654-_4_47-11tu r_wn Of 1►Traw~r ro.~u• _ _
T"
kNOW ALL MF BY r E PRESENTS, Tha. A, dgnry 81003 59 1
- - , - 8
. it
! j
1 have made, constituted and appointed, and by these presents do hereby make,- constitute and appoint
Mark- (,,...Henry...--•. If
my true and lawful attorney for no and in my name, place and stead, and for my use and benefit to demand, sue for, recover,
j' collect and receive all such sums of money, debts, rents, dues, accounts, legacies, bequests, interests, dividends, annuities and de-
mands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to me, to have, use and take all lawful
~j ways and means in my name or otherwise tar the recovery thereof, and to compromise, settle and adjust and to execute and !
1; deliver acquittances or other sufficient discharges for any of the same; to bargain, contract for, purchase, receive and take lands, ?I
ON tenements, hereditaments, and accept the seisin and possession thereof and all deeds and other assurances in the law therefor and
f; to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements and herediraments, includ-
ing my right of homestead in any of the same for such price, upon such terms and conditions and with such covenants as my said
attorney shall think tit; to sell, transfer and deliver all or any shares of stock owned by me in any corporation for any price and
MV: receive payment therefor and to vote any such stock as my proxy; to bargain to-, buy, sell, mortgage, hypothecate and in any and ~i
every way and manner deal in and with goods, wares and merchandise, chases in action, and other property in possession or in
action, and to-make, do and transact all and every kind of business of whatsoever nature or kind; for me and in my narr-e and as i
my act and deed, to sign, seal, execute, acknowledge and deliver all deeds, covenants, indentures, agreements, mortgages, pledges,
hypothecations, bills of lading, bills, bonds, notes, evidences of debt, receipts, releases and satisfactions of mortgages, judgments
and other debts payable to me and other instruments in writing of whatever kind and nature which my said attorney in his dis-
cretion shall deem to be for my best interests; to have access to any safety deposit box which has been rented in my name, or
in the name of myself and any other person or persons: to sell, discount, endorse, deliver and/or deposit all checks, drafts, notes
10, and negotiable instruments payable to my order, to withdraw any moneys deposited in my name with any bank and gererally to
do any business with any bank or banker on my behalf; also
M!
w GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could
do if personall g y present, with (sill power of substitution and revocation, hereby ratifying and conFrmin all that my said attorney
or my said attorney's substitute or substitutes shall lawfully do or cause to be done by virtue of these presents.
In construing this instrument and where the context so requires, the singular includes the plural.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on . October. 23...... 19..79.....
.
STATE OF OREGON, County of Wasb-ington........... 0-ctobe.r-...23 19.-7.9.--.,
i Personally appeared the within named Glenn _ A.-•-Henry-..........
,........................0.___-.__....
:-'•=".and aeknowled d the foregoing instrument to be .....a........ ..voluntary act and deed.
I~ me:
LYNNE A. CAMPBELL Before L y. A. Campbel I
NOTARY PUBLIC - OREGON Y.
Notary Public for Oregon. August 14, 1979
MY GS t S10A EXlli(8S ir..-.• r ' / /,'d ' My Commission expires..
Power of Attorney STATE OF OREGON 1
3 t
County of Washington 1
-----------Glenn-.A.---Henr-X----•-------•-- '
1, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
(DON'T USE THIS veyanC@S for said county, do hereby certify that
SPACE: RESERVED the within instrument of writing was received
FOR RECOaDtNO and recorded in book of records of said county.
Mar.k-_W.--.Henr.Y-------------•..---- LABEL IN couH.
TIES WHERE ROGER THOMSSEN, Director of
USED.) Records & Elections
o s
'Z AFTER RECORDING RETURN TO I~ C S~
Mark Henry J 7
! 311 B Ave., Suite 201 ~NiDiEXEq
~j Lake Oswego, OR 97034
s ~I s~ C,
! 4 c n - 3 !i i1
l~ - - - - _ 1931 ~ ~u
Utilities Easement Description Exhibit "A"
Ident. No. 116 Page 1 of 2
A parcel of land in the N.E. 1/4 of Section 13 of T.2S., R.1W., W.M.
Washington County, Oregon, being a portion of that tract of land des-
cribed in Fee No. 79-036450 of the. Records of Washington County, Oregon
(T.L. 1700, Map 2S-1-13A), said parcel being described as follows:
Beginning at a Point on the southerly right-of-way of S.W. Upper
Boones Ferry Road (County Road No. 534) that is S 49019'55" W,
79.236 feet from a 1-inch iron pipe with a. Washington County cap
shown as being set for the N.W. corner of that tract described in
Book 128, Page 34, of the Washington County Deed Records, in County
Survey No. 19,127, said 1-inch iron pipe also lies S-89005'04" E,
26.91 feet and S 4804.1'42" W, 716.23 feet and S 49019'55" W, 452.67
feet and S 40040'05" E, 30.00-feet from the recognized-East 1/16
corner on the line between Sections 13 and 12, said 1%16 corner
being shown as Point No. 289 on County Survey No. 19,127; thence
leaving the said southerly right-of-way and commencing southeasterly
along a 45-foot radius curve to the right, througha central angle
of 90000'00", 49.271 feet (long chord bears S 72002'06" E, 46.847
feet) to a point of compound curve; thence continuing along a 65-foot
radius curve to the right, through a central angle of 40035'00",
46:040 feet (long chord bears S 20022'35" E, 45.084 feet) to a point
on the West line of that tract of land described in Book 128, Page
34, of the Deed Records of Washington County,.-Oregon; thence S 89054'55"W,
5.00 feet to a point; thence northwesterly along a--60-foot radius-curve
to the left, through a central angle of-40035'00", 42.499 feet (long
chord bears N 20022'35" E,--41,616 feet) to a point of compound curve;
thence northwesterly along a 40-foot radius curve to the left, through
a central angle of 90000'00",,62,832 feet (long chord bears N 85040'05"W,
56.569 feet) to a point on the southerly right-of-way of said S.W.
Upper Boones Ferry Road (County Road No. 534); thence N 49019'55" E.
along the said southerly right-of-way 20.615 feet to the Point of
Beginning.
12/23/82
80.194.118
(D
Exhibit "A"
Page 2 of 2
1" Iron Pipe with
❑ Utilities Easement Washington Co. cap
"O
h,,~01 O
~y Scale: 1"=50' oaa '
Data,: 12/23/82
20,10 , o
(Ca
017 ilk
19,
*O '
S~~J
P.O.B.
1" Iron i pe with Washington Co. cap
CD z 3 CURVE DATA
e
~h LO 1n L = 90000,00"
QFQ` Rad . = 45.00
co
CD 0 ° Arc. = 49.271
~o/~ - -1 Chord = 46.847
S 40' Rad Chord
g k Bearing= S 72002'06" E
Q = 40035'00"
_ 2 Rad. = 45.00
i -
Q)
25.0 '25.0 Arc. = 46.040
3/4" I ro Pipe ` - - ' ' - - - Chord = 45.084
5.00 89054'55"E Chord
Bearing= S 20022'35" E
A3 n = 40035'00"
Rad. = 60.000
Assessment Ident. No. 116 Arc. = 42.499
Tax Lot No. 1700 50.0 Chord = 41.616
Map No. 2S-1-13A Chord
Deed Ref.: Book 366, Page 625 & Bearing= S 20022'35" E
Fee No. 79-036450
Owner: Walter A. Durham Jr. 4~ = 90000'00"
Contract Purchaser: Rad. = 40.000
Glenn A. Henry Arc. = 62.832
Utilities Easement Contains Chord = 56.569
486 Square Feet more or less Chord
Bearing= S 85040'05" E
®eHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP
CONSULTING ENGINEERS b SURVEYORS LID No. 21
Suite 445-AGC Center (503) Ce2-245,0 CITY OF TIGARD, OREGON
9450 S W Commerce Circle Res. 636-6195
Wilsonville. Oregon 97070
Mile 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
4 Assessment and Taxation, Ex-
Officio Chief Deputy Clerk