91-006251 _2Q
'FOR!`. :";&6.-GENERAL. EASEMENT. COPYRIGHT 1990 IENS-NESS LAW PUBLISHING CO.. PORTLAND. OR 97204
' ONBE 91006251
20
?I' AGREEMENT FOR EASEMENT Washington County
THIS AGREEMENT, Made and entered into this day of December 19..90.--,
by and between -Tom-Fisher-
hereinafter called the first party, and...... .-.The.--City-of--Tigard.------- .
. . hereinafter called the second party;
WITNESSETH :
WHEREAS: The first party is the record owner of the following described real estate in Washingtm.
County, State of Oregon, to-wit:
A Utility Easement, Exhibit "A" Attached.
and has the. uniestricted right to grant the easement hereinafter described relative to said real estate;
NOW, THEREFORE, in view of the premises and in consideration of One Dollar ($1) by the second
party to the first party paid and other valuable considerations, the receipt of all of which hereby is acknowl-
edged by the firs! party, they agree as follows:
The first party does hereby grant, assign and set over to the second party A perpetual utility
easement for constructing, reconstructing, operating, maintaining, inspecting and
repairing of public utilities and appurtenances.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or
interest except those expressly stated in this easement, nor otherwise prevent Grantors
fram the full use and dominion thereover; provided, however, that such use shall not
interfere with the uses and purposes of the intent of the easement.
tru
The.First Party their heirs,.successors, assigns or representatives shall not cons
or maintain any building or other structures upon the above described real property prior
to written approval by the City as to conformance with City specifications regarding
construction.
(Insert here a full description of the nature and type of the easement granted to the second party.)
The second party shall have all rights of ingress and egress to and from said real estate (including the
right from time to time, except as hereinafter provided, to cut, trim and remove trees, brush, overhanging
branches and other obstructions) necessary for the second party's use, enjoyment, operation and maintenance of
the easement'hereby granted and all rights and privileges incident thereto.
Except as to the rights herein granted, the first party shall have the full use and control of the above de-
scribed real estate.
The second party hereby agrees to hold and save the first party harmless from any and all claims of
third parties arising from second party's use of the rights herein granted.
The easement described above shall continue c 'tdx ------hereafter------------------, always subject,
however, to the following specific conditions, restrictions and considerations:
Protect landscaping and improvements of First Party, except necessary truing noted
above.
Maintain Second Party facilities in an orderly manner and clean up after working
in said easement.
f- hi@_eeseMereti& pai iy's-said mai-estate-t1r~ cmder~rrte-vfsaid'-
easement is desef"E lours:
AZ3C1 SAW "d n rt*'c jdAt_ i~ y~ii~M"'d'~'~~~'Je'RLOl~!'7-S~ID•alICTAC ei
dietfnnf tfmsn o:~J•o~.i7LIB~ aor.001
r
During the existence of this easement, its maintenance and the cost of said maintenance shall be the
responsibility of (check one): the first party; ❑ the second party; E] both parties, share and share alike;
❑ both parties, with the first party being responsible for ______________7c and the second party being responsible for
..............7o. (It the last alternative is selected, the percentages allocated to each party should total 100.)
This agreement shall. bind and inure to the benefit of, as the circumstances may require, not only the
immediate parties hereto but also their respective heirs, executors, administrators and succesors in interest as
well.
In construing-this agreement, where the context so requires, the singular includes the plural and all gram-
matical changes shall be made so that this agreement shall apply equally to individuals and to corporations. If
the undersigned is a corporation, it has caused its name to be signed and its seal affixed by an officer or other
person duly.authorized to do so by its board of directors.
IN WITNESS WHEREOF, the parties hereto have executed this easement in duplicate.
Dated < -----------------1 J .G...
-
Tom Fisher City Tig , Oregon
FIRST PARTY SECOND PARTY
:;a.,,;.''• ;ATE OF OREGON, County of -WaShln-------------------------) ss. 9U
' r = This instrument was acknowledged before me on 12-_-_................................. 19-------- ,
-
a_ This instrument was acknowledged before me on 19........,
G
1
I
i y r....,
T .
Notary Public.for Oregon
My commission expires
AGREEMENT STATE OF OREGON, ss.
FOR EASEMENT County of
BETWEEN I certify that the within instru-
ment was received for record on the
. - day of 19._..'
TbM FiSher at o'clock .-...M.' and recorded
-
AND in book/reel/volume No on
SPACE RESERVED page or as tee/filelinstru-
City of Tigard FOR ment/microfilm/reception No
,
RECORDER'S USE Record of
- . . . of said County.
AFTER RECORDING RETURN TO Witness my hand and seal of
County affixed.
Cary Alfson
ilCity of Tigard ........NAME ..........................................TITLE.......
P.~. ;Box 23397 By Deputy
c,
EXHIBIT "A"
1S1 35DC 600
11-14-90
UTILITY EASEMENT
A parcel of land situated in the southwest quarter of the southeast
quarter of Section 35, Township 1 South, Range 1 West, W. M.
Washington County, Oregon. Said parcel being more particularly
described as follows..
BEGINNING at a point of intersection on the southerly right of way,
line of S.W. Greenburg Road as defined in City of Tigard ordinance
90=01 dated January 22, 1990, said point being 30.00 feet left and
-at right angles to engineer's centerline station 109+83, more or
less.as.illustrated in City of Tigard R/W Easement Exhibits
;Stat 0n,1`0.8+99.84 to Station 119+0.0.42 sheet 2 of 8 dated 2/23/90;
.sThence':Southerly to a point of intersection with the easterly right
:of; ,way"I'ine of S. W. Lincoln Street, said point being 52.00 feet
s ;left";=;of...and at right angles to engineer's
centerline station
=4,1.09-83,=;'more or less; Thence Northerly along said easterly right of
way: - ne-.-of S. W. Lincoln Street to a point which is 40.11 feet
left_,•aiid` :at• right angles to engineer's 109+91.7.6, more or less;
~'f:The ce £aster1 to a point of intersection with the southerly right
o:waline of S. W. Greenburg Road, said point being 30.00 left of
engineer's centerline station 109+86.38, more or less; Thence
Easterly along said southerly line of S. W. Greenburg Road to the
Point of Beginning.
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STATE OF OREGON i ~
County of Washington SS ~
i, Jerry R. Hanson, 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,
Jerry R. Hanson, Director of
Assessment and Taxation, Ex.
Officio County Clerk
Doc : 91006251
Rect: 48673
02/06/1991 03:56:06PP 2800