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)
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4-3
Scale: I"=50'
Date: 10/29/82
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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'~
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UTILITY EASEMENT MAP
DeAAAS & ASSOCIATES, INC. LID NO. 21
~-;Or.;SULTlNG EN::INEERS ~~URVEYOF; CITY OF TIGARD, OREGON
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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