83-002279
Y 30022-79
Project: 72nd Avenue - LID No. 21
Assessment Ident. No.: 24 and 25
Tax Lot No.: 2S-1-12A
Deed Reference: Book 747, Pages 791 to 797
Book 853, Pages 425 to 428
Book 1014, Pages 684 to 685
Fee No. 81-028030
EASEMENT FOR UTILITIES
KNOW ALL MEN BY THESE PRESENTS That
H.A. ANDERSEN AND A. VICTOR ROSENFELD,
A joint venture, as to an undivided 1/3 interest;
and
JOSEPH M. FOUGHT, doing business as
J. B. K COMPANY, as to an undivided 1/3 interest;
and
VICTOR ROSENFELD, as to an undivided 37.5% interest of an undivided 1/3
interest, CATHY ROSENFELD, as to an undivided 12.5% interest of an undivided
1/3 interest, FERN MELTZER, as to an undivided 32% interest of an undivided
1/3 interest, HERBERT MELTZER AND FERN MELTZER, as to an undivided 18%
interest of an undivided 1/3 interest, as community property,
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 corporation organized and
existing under the laws of thsState 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
r,
N
b n I
L a%
F- ¢ Ir1 O
X This permanent easement is granted for the purpose of laying, constructing,
~ m o' replacing, and maintaining utility lines, and the easement herein granted
N shall include the right of the Grantee to,,go over, across and under said
o, 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 .o
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
: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 simple
and have the right to grant the above described easements.
WITNESS our hands and seals this 15th Day of Noveemmbber 19 82
(SEAL) (SEAL)
x J (S (SEAL)
e
- (SE (SEAL)
Fora consider on, the mortgage lien on the above described properties
is hereby made subordinate to the easements above granted.
Dated this day of 19
None
rtgagee
By
Title
(INDIVIDUAL)
STATE OF Oregon
ss.
County of ---Washington BE IT REMEMBERED That on this 15th day of November 19 82
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the above named H. A. Andersen, A. Victor Rosenfeld
and Jos. M. Fought
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 Pub is 66ARMW H FTY
j NOTARY PUBLIC-OREGON
My com ,s6 ;gWLrj e, 12 22 86
r ° Page 3
Utility Easement
1:
STATE OF WASHINGT_-T )
ss
COUNTY OF KING )
On this 6th day of December, 1982, before me personally
appeared MICHEL P. STERN as Executor of the Estate of Herbert
M. Meltzer, Deceased, and acknowledged that he signed the
same as his free and voluntary act and deed, for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal the y; aria year.,
last above written.
G,
NOTAR UBLIC in And tie %Z
State of Washington' r i. ~,t '
at Seattle
701944 CA (e-74) V
(Individual) TITLE INSURANCE
_
lJ .
AND TRUST
STATE OF CALIFORNIA
l SS. ATICOR COMPANY
COUNTY OF LOS ANGELES I
an iron
on- NOVEMBER 14, 1992 before me, the undersigned, a Notary Public in and for said noted as
State, personally appeared CATHY R 0 F NF E T D
2627.25
W
tr
W ne at
known to me
to be the person whose name 1 S subscribed a f said
Co to the within instrument and acknowledged that s he
rr
executed the same. )
WITNESS my hand and a, ' ial seal.
J 1 My Comm. €
r r
Signature
f
(This area for official notarial seal)
STATE OF WASHINGTON,
County of KING ss.
On this 6 day of December 19 82, before me personally appeared"
MICHEL P. STERN to me known to be the individual who executed the
foregoing instrument as Attorney in Fact for Fern R. Meltzer
and acknowledged that he signed the same as his free and voluntary act and deed as Attorney in Fact
for said principal for the uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing
the execution of this instrument has not been revoked and that said principal is now living and is not insane .
GIVEN under my hand and official seal the day and year last above written.
- -1------------
Notary Public in and for the State of Washington,
at
FORM 106, ACKNOWLEDGMENT, residing
ATTORNEY IN FACT.
The City above named hereby accepts the foregoing grants and agrees to
comply with each and every term and condition thereof.
CITY OF TIGARD
f
By :
- -
Mayor
By:
City Recorder
EXHIBIT P 09e 2 of 2
Stone a <>c~gni zed 1/ 16th Corner -
(Point No. "B" on C.S. 13,247)
c
Ident No. 24 N
Tax Lot no. 401
z
0
Ident. No. 25
Tax Lot No. 402 i
20 ~
Ident. No-s' 24 and 25
Tax Lot No.s' 401 and 402 '
Map No. 2S-1-12A
Owners: H.A. Anderson, A. Victor Rosenfeld 25'
and Joseph M. Fought, ET AL z
Deed References: -
Book 474, Pages 791 to 797
Book 353, Pages 425 to 428 30'
Book 1014, Pages 634 and 685
Fee No. 31-028030 - -
I
Utility Easement Contains ( V
2510 Square Feet more or less
' I
I I S
I ~ ~ Js
I
5' Utility Easement ~
I N I
1eI ~
CJ
i'
F
3
►
`n Scale: 1"=50'
~o Date: 10/ 29/82
c
i
0
z ~ Utility
Easement
I
F
I
I
Brass Cap in Iron Pipe at r
Recognized 1/16th Corner
(Point No. "P" on CS 13,247) UTILITY EASEMENT
CO,JSULTING ENGINEERS & SURVEYORS LID NO. 21
CITY OF TIGARD, OREGON
Res t;_;~-t;J35
60
F i ( e I'ao . ;0. 194 . 11()
a
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
Assessment and Taxation, Ex-
Officio Chief Deputy Clerk
'm
1
1983 AN Cu fIA 10.21