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83-000973 83000973 Project: 72nd Avenue - LID No. 21 a Assessment Ident. No.: 72a & 72h Tax Lot No.: 103 and 102 Tax Map No.: 2S-1-12A Deed Reference: Book 423, Page 183 EASEMENT FOR.UTILITIES KNOW ALL MEN BY THESE PRESENTS That Expressway Developing Co., an Oregon Corporation of the County of State of in Consideration of the sum f- One Dollar ($1-00) to them in hand paid, do hereby grant an convey unto the City of Tigard, a municipal cui^prati-an 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 1,67 TcMPORARY 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 :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 simp and have the right to grant the above described easements. WITNESS our hands and seals this 12th Day of November 1982 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) j For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. :yla"Da,~d this day of 19 CL) " . • r o t gee ~aT By :N S j: = J 1- ~j ll AL CO. / o-J7 `v Title ••!!l Cltttttt`, / TRIM T It TMI IA1 1 • (CORPORATE) STATE OF OREGON ) ss. ! County of D.-lultnom On this 12th day of November 1982 before me ' appeared H. -A. ANDERSEN and a, ylCTogROSENFELD both to me w personally known, who being duly sworn, did say that he, the said * H. A. Andersen is the President, and he, the said p victor Rosenfeld is the Secretary of R-X12R,RSSWA V 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 H. A. Andersen 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. '4 4 N ary P b1i or t e of Oregon a L) My Commission Expires: May 22, 1983 Page 4 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: \ City Recorder STATE OF OREGON ) ss. County of Washington) On this p'tl-, day of 19$~_, before me appeared ' and _ C2 i= '9_ both to me personall know who, being duly sworn, did say that he, the said L; o is the Mayor, and he, the said o, is the Recorder of t e CITY OF TIGARD, a municipal corporation, and the said L~ and acknowledged the sa d 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. <<Y.',.%•{Ott{{G{ l'Op0 j~+,': C'_Lj otary Public for S ate of Oregon .E env My Commission Expires: Page 5 Utility Easement Utfl-ity Easement Description EXHIBIT "A" Ident No. 72a and 72b Page 1 of 2 A parcel of land in the N.E. 1/4 of the N.E. 1/4 of Section 12, T2S, R1W, W.M., the City of Tigard, Washington County, Oregon, more particularly des- cribed as follows: Being that portion of the tract of land described in Book 423, Page 183, (Deed) of the Washington County, Oregon, Records (T.L. 103 and 102, 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 center line, said center line being des- cribed 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, 2401.64 feet to the beginning of a 400-foot radius curve to the left, (a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of Section 12, 172S, R1W, W.M., noted as Point "B" on County Survey No. 13,247, is N 0016'56" W, 225.612 feet and N 59007'51" W, 23.370 feet); thence northwesterly along said 400-foot radius curve to the left through a central angle of 58050'55", 410.841 feet to the end of said curve (long chord bears N 29042'24" W, 393.019 feet) said end of curve point is N 59007'51" W, 202.242 feet from said stone noted as Point "B" on County Survey No. 13,247; thence N 59007'51" W, 356.802 feet to the beginning of a 350-foot radius curve to the right (a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C. is N 59007'51" W, 202.156 feet); thence northwesterly along said 350-foot radius curve to the right through a central angle of 60001'14", 366.645 feet to the end of said curve (long chord bears N 29007'14" W, 350.109 feet), said end of curve point is N 0053'23" E, 202.156 feet from said stone in monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0053'23" E, 3648.45 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said center line. 10/29/82 80.194.118 I ~ a r I Utility Easement \ w b~ I z ' po ~ J may. 1 Y Z Brass Cap in Iron Pipe at 1 The Recognized 1/16th Corner ( Point No. "P" on % C.S. 13,247) I- / Stone at Recognized o - - - - - - w 1/16th Corner S.W. 72nd Avenue (County Road No. 126) 1 IVp (Point "B" on Existing Accepted Centerline - ' 1- 225.612 "I CD C.S.13,247) - - - - - - - - - N 00°16'56" W - - 2627.253' - - - w ' 0 0 ° 12.3 - - - N N 611' m/1 ":65.00 m/1 = 27.2 m/1 , 238.2 m/1 - P.I., 372.8 m/1 CENTERLINE CURVE DATA w A = 58°50'55" Radius = 400.000 Arc = 410.841 Tangent = 225.612 Chord = 393.019 Assessment Ident.No.s' 72a and 12b Chord Tax Lot No.s' 103 and 102 Bearing = N 29°42'24" W Tax Map No. 25-1-12A Access Easement to Gerber Or,iner: Expressway Developing Company Book 587, Page 566 Ueed Ref.: Book 423, Page 183 Utility Easement Contains 2263 Square Feet more of less. Water line Easement to Metzger Water District Book 573, Page 187 EXHIBIT "A" PAge 2 of I , LF SEE' 1 I CRC r-I ®eNAAS ASSOCIATES, INC. UTILITY EASEMENT ✓"1` CONSULTING ENGINEERS & SUR'V'EYORS F 10/' i LID No. ?1 S, to 445-AGC C[nler `.0?682-2450 1~~=G 94;O S W cum'erce C+rcle es E36 6155 Cj Y OF TiGARJ, UREC I+ - i56nrille Or.:gon 97U7f! , yti . 1 _ VV . . A ~ ,TA IV of (}itf GON County of Washington I, Donald W. Mason, Director of Assessment amp? Taxation and Ex-Officio Recorder of Con veyances for said county, do hereby certify that the within instrument of writing was received rind recorded in book of records of said county. Donald W. Mason, Director of nn Assessment and Taxation. Ex- nfA ~)ffic io Chief Populy CIerF