83-027516
• 83027516
Project: S.W. 72nd Avenue Area - LID No. 21
Assessment Ident. No.: 51
Tax Lot No.: 1200
Tax Map No.: 2S-1-13A
Deed Reference: Book 1134, Page 770
Book 587, Page 171
EASEMENT FOR UTILITIES
KNOW ALL MEN BY THESE PRESENTS That Marjorie B. Fenwick
of the County of d-_ , State or M 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 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
I
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 i
Utility Easement
/'09
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.
WITNESS our hands and seals this 25~Day of 19 ~3 .
(SEAL) (SEAL)
(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
Ti tl e _
(INDIVIDUAL)
STATE OF 0 )
County of
G~~~
BE IT REMEMBERED That on this Zs-?~6day of ~,rf 19 ~3 ,
before me, the undersigned, a Notary Public and for said County and State,
personally appeared the above named r(fLc2 3- F&KW6~,L
and
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 y hand and seal the day and
year last above written.
Nota y Pub is o Oregon
My commission expires 3
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:
ayo r
By:
;
Ci ty ecorder
STATE OF OREGON )
ss.
County of Washington)
On this ~D4 day of 19Y3 before me appeared
y2h J ZY, and ~ani,
both to me personally known who, being duly sworn, did say tha the said
is the Mayor, and he, the said Ca4e-,~-
_ is the Recorder of the CITY OF TIGARD, a municipal
corporations, and the said 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
yea r. last above written.
F,J
Notary Public for State o egon
My Commission Expires:
Page `S
Utility Easement
_ tel. r a -
Utilities Easement Description Exhibit "A"
Ident No. 51 Page 1 of
A parcel of land in the N.E. 1/4 of Section 13, T.L S., R.I.W., W.M.,
the City of Tigard, Washington County, Oregon, more particularly described
as follows:
Being that portion of the property described as Tract 2 in Book 1134,
Page 770 and Book 587, Page 171 of the Deed Records of Washington
County, Oregon (T.L. 1200, Map 2S-1-13A) that lies within the following
described parcel. Beginning at a point on the northeasterly right-
of-way of S.W. Durham Road (a 60 foot wide right-of-way) (County Road
No. 534) that is 9 59038'32" W, 41.234 feet from the intersection of
the northwesterly right-of-way of S.W. Upper Boones Ferry Road-
(a 60 foot wide right-of-way) (County Road No. 534) and the north-
easterly right-of-way of S.W. Durham Road (a 60 foot.,wide right-of-way)
(County Road No. 534); thence easterly along a 40-foot radius (tangent)
curve to the left (the radius point of said 40-foot radius curve is
82 feet at right angles to the center line of S.W. Upper Boones Ferry
Road and 70 feet at right angles to the center line of S.W. Durham.Road)
through a central angle of 71001'34" (long chord bears N 84050'42" E,
46.471 feet) 49.586 feet to a point of tangency that is 42 feet at
right angles to the center line of S.W. Upper Boones Ferry Road;
thence N 49019'55" E along a line that is 42 feet at right angles and
parallel to the center line of said S.W. Upper Boones Ferry Road,
141.897 feet to a point; thence N 51055'52" E, 218.598 feet to a point;
thence southerly along a 14-foot radius curve to the right (the
radius point of said 14-foot radius curve lies 34 feet southwesterly
at right angles to the center line of said S.W. Fanno Creek Place and
northwesterly 42.520 feet from the center line of said S.W. Upper
Boones Ferry Road) through a central angle of 15014'03" (long chord
bears S 15007'22" W, 3.711 feet) 3.722 feet to a point on the said
northeasterly right-of-way of S.W. Upper Boones Ferry Road; thence
S 49019'55" W, 61.109 feet to a point; thence leaving the said
northwesterly right-of-way S 51055'52" W, 154.354 feet to a point
Utilities Easement Description Exhibit "A"
Ident No. 51 Page 2 of 2
that is northwesterly 37 feet at right angles to the center line of
said S.W. Upper Boones Ferry Road; thence S 49019'55" W along a line
37 feet northwesterly at right angles and parallel to the center line
of said S.W. Upper Boones Ferry Road 141.897 feet to a point of curve;
thence southwesterly along a 45-foot radius curve to the right (the
radius point of said 45-foot radius curve is 82 feet at right angles
to the center line of S.W. Upper Boones Ferry Road and 70 feet at right
angles to the center line of S.W. Durham Road) through a central angle.
of 43045'36" (long chord bears S 71012'42" W, 33.540 feet) 34.369 feet
to a non-tangent point on the northeasterly right-of-way of said S.W.
Durham Road; thence N 59038'32" W, 20.616 feet to the Point of
Beginning.
2/7/83 CRC
80.194.118
30' Exhi )it "All
a, Page 3 of 3
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o S.W. FANNO CREEK PLACE _
N ~ Q
N Q
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44056'13" W
C Ln
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N ` C Q
5/8" Iron Rod CURVE DATA ~ z
° Al [~s = 71001'34" o, m ru
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Radius = 40.00 o ~ 4
4-3
Arc = 49.586
r
Chord = 46.471 I V)
I a Chord U
% Bearing = N 84°50'42" E
00
02 z = 15014'03" -IS- q' Radius = 14.00 co (n
Arc = 3.722
Oa Chord = 3.711
Chord I
Bearing = S 15007'22" W
3 = 43045'36" ~ I 3
Radius = 45.00 U-) N
Arc = 34.369 0 ~-f'
Chord = 33.540 LO LO
Chord z~ -I
Bearing = S 71012'42" W LO
V)
C~
M
37.00'
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42.007 z
Assessment Ident No. 51 t
Tax Lot No. 1200 I ( 3 0
Tax Map No. 2S-1-13A M LO Deed Reference: Book 587, Page 171 and
Book 1134, Page 771 0) o 0
Owner: Marjorie B. Fenwick
Utilities Easement Area Contains I 37' N
1899 Square Feet more or less w
42.00' °
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D Utilities Easement Area ,32W
590
N 2p .61 .62.644
6
19
Railroad Spike at End / 03~32 _ 3
of County Road No. 534 N 59 c
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116.61 534
rn
~32„ W R°a o i
5903$ l6°urty 3/4" Iron Pipe
N R~P~ nd of Coun y , V
9~RNP~ oad N . 5341!
DeHAAS & ASSOCIATES, INC. UTILITIES EASEMENT MAP
CONSULTING ENGINEERS & SURVEYORS LID NO. 21
SUiie 445-AGC Center (503) 682-2450 CITY OF TIGARD, OREGON
9450
5 W Crmmerce Cncle Re,. 636-6195
W~!Sonvflle. Ci~•gon 97070
0
File No. 80.194.118
STATE OF OREGON
SS
County of Washington
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
y"
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