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83-000974 83000974 y. Project: 72nd Avenue - LID No. 21 Assessment :dent. No.: 26 Tax Lot No.: 502 Tax Map No.: 2S-1-12A Deed Reference: Book 674, Page 548 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That Fought & Company, Inc., an Oregon Corporation of the County of Washington , State of Oregon , 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 mrpioratton 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. Pagc 1 Utility Easement / (CORPORATE) STATE OF Oregon ) } ss. County of Washington On this 15th day of November 19 82 before me appeared Fred Eisen and A. Victor Rosenfeld both to me i. personally known, who being duly sworn, did say that he, the said ! Fred Eisen is the President, and he, the said A. Victor Rosenfeld is the Secretary of Fought & Company, Inc. the within named Corporation, and that the seal affixed to said instrument is y 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 Fred Eisen and A. Victor Rosenfeld 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. E7 PuhLic- for State-6[ Oregon Nota EDWARD R. HEFTY NOTARY PUBLIC-OREGON My Commission Expires I My Commission j T Page 4 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 and seals this 15th ay of o er 19 82 . • _Ywj re., (SEAL) (SEAL) G (SEAL) _ (SEAL) (SEAL) AL) • `ypd✓ ~i'•`yjR, j v~'"•," '.p t►►'~`~ 4Osideration, the mortgage lien on the above described properties y made subordinate to the easements above granted. r_ Dated this day of 19 _ None f Mortgagee By Title 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 canner 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 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 a 0"W~ Mayor By: City Recorder STATE OF OREGON ) ss. County of Washington) On thisff T day of 19z , before me appeared U0 l i5 hc). n and _ G1.- ; - both to me personally known who, being duly sworn, did say that he, the said I A. i 0 kr- 2,g ~4 is the Mayor, and he, the said _ Lis the Recorder of the CITY OF TIGARD, a municipal corporation, and the Aid LU,'/La'- A and dr-i4 filar - acknowledged the s' aid 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. tary Pub1 c fo2 r State of Oregon o M My Commission Expires: O~o-SS Page 5 Utility Easement. Utility Easement Description EXHIBIT "A" Page 1 of 2 Ident No. 26 A parcel of land in the N.E. 1/4 of Section 12 of T.2S, R.1W., 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 674, Page 548, (Deed), of the Washington County, Oregon, Records (T.L. 502, 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 1/2 of the N.E. 1/4 of said Section 12, noted as Point "B" on County Survey No. 13,247. 10/29/82 CRC 80.194.118 EXHIBIT "A" Page 2 of 2 20.0 Stone at I Recognized 1/16th Utility Easement Corner (Point "B" ion C.S. 13,247) sl I I i -3 4-3 Scale: I"=50' Date: 10/29/82 I v Q) U ' .2 U 5' Q Ident. No. 26I Tax Lot No. 502 i Map No. 2S-1-12A I Owner: Fought & Company, Inc. I w Deed Reference: Book 674, Page 548 Utility Easement Contains 581 Square Feet more or less 20'~ Ln N I I-- C`J Q0 N N Z O ~ I ru 0 3 L O I U ~ O W i O O Z w Z F - - Q I I I I I C\j I t 1 I I I I i 3 I I I . _ J S.W. BONITA ROAD (County Road No. 736) I - I I I I I I I I I i x UTILITY EASEMENT MAP DeAAAS & ASSOCIATES, INC. LID NO. 21 ~-;Or.;SULTlNG EN::INEERS ~~URVEYOF; CITY OF TIGARD, OREGON I . 'A i., 'n, m.. G1--- - 11 ~ If':IP I M . IIYl n•q.n 9T1:0 i' -,n* - u...^vavwsaawasasr~rss:n.n_ an. mrmr, n.uucm=ams:a~ File No. 80.194.1"' STATE OF ~~EGON rity of Washington S SS I Donald W. Mason, Director of Assessment j 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 "bD x'19.44