83-000971 �
- 8.3 -0009 1
1O/ AGREEMENT FOR EASEMENT
THIS AGREEMENT, Made and entered into this 11 day
of c-e r , 1982 by and. between ARTHUR W. LEHR and
GERTRUDE LEHR, hereinafter called the first parties, and
BEVERLY JEAN COX and THOMAS COX, hereinafter called the second
parties;
WITNESSETH:
• WHEREAS: The first parties are the record owners of
the following described parcel of real property to -wit:
A tract of land in the Southwest quarter
of the Northeast quarter of Section 11,
• Township 2 South., Range 1 West of the
Willamette Meridian, in the City of
Tigard, County of Washington and State of
Oregon, described as follows:
Beginning at the Southwest corner of a
tract of land conveyed to Thomas Kessler,
as described in deed recorded November 29,
1930 in Book 119, Page 592, of Washington
County Deed Records; thence North 16
rods; thence East parallel to the South
line of said Kessler tract, 10 rods;
thence South parallel to the East line of
said Kessler tract, 16 rods; thence West
10 rods to the place of beginning.
WHEREAS: First parties have ,on the 4th day of March,
1981 executed Quitclaim Deed ,:whereby a portion of that tract
of land described above, to =wit the North Seventy -Seven (77)
feet, is conveyed to the second : parties;
NOW THEREFORE, in view of the premises and in con-
sideration of $1..00 and other valuable consideration by the
second parties to the first parties, the receipt of all which
hereby is acknowledged by the first parties, it is agreed as
follows:
The first parties do hereby grant, assign and set over
to the second parties;
1. A perpetual and nonexclusive easement of right of
way over and across the portion of the above described tract
• retained by the first parties, said easement to be limited to a
strip of land 1.6 feet wide and parallel to and adjacent to the
East property line, extending from the partition line South to
the. Southerly boundary of said tract of land, as shown on
Exhibit "A" attached hereto.
2. A perpetual and nonexclusive easement over and
across the portion of the above described tract retained by the
first parties for the purpose of installing or maintaining
util.ity_lines, said easement to be limited to astrip of land
'Within the easement of way gran'tedin paragraph one (1) above,
specifically the West 8 feet, to to run from the partition line
South to the_Southerly boundary of said tract of land, as shown
on Exhibit "A" attached hereto.
•
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_; 3. ,_. perpetual and nonexclusivE. easement over and
across the above described tract retained by the first parties,
for the purpose of a septic tank drain field, said easement to
be in an area adjacent to the partition line, extending South
from said line for a distance of 70 feet, and running from a
point 50 feet West of the East property line to a point 85 feet
West of the East property line,' as shown on Exhibit "A"
attached hereto.
The second parties shall have all rights of ingress
and egress to and from said real estate (including the right
from time to time to cut, trim and remove trees, brush,
overhanging branches and other obstructions) necessary for the
second parties' 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
parties shall have the full use and .control` of the above
described real estate.
The second parties hereby agree, to hold and save the
first parties harmless from any and all•claims of third parties
arising from second parties' use of the rights herein granted.
The easements granted hereunder shall be appurtenant
to and for the benefit of the portion of the tract described
above which has been granted to the second parties, and shall
run with the land and shall continue•so long as said easements
are used for the purposes above specified; and if said ease-
ments shall no longer be used for said purposes, the easements
and all rights hereunder shall immediately and without any
action on the part of second parties, their heirs and assigns,
revert and revest in the first parties, their heirs and assigns
as fully and completely as though this grant of easement had
never been made.
;... IN WITNESS WHEREOF, the parties hereto have subscribed
' "s th :,Ti-nstrument in duplicate on this, the day and year first
• ,•4 0h g0nabo . written.
. a �r� bi t +r0. #.
�(
Arthur W. Lehr
Q �'"� `` � Y Gertrude. Lehr
' 1 1 6ti 0`F' OREGON - )
/�� ss. •
County of (.�d
• On this /1 day of el.C,78?;5 , 1982, before
me, the undersigned, a Notary Public in and for said County and
State., personally appeared the within named Arthur W. Lehr and
Gertrude Lehr, known to me to be the persons named in and who
executed the foregoing instrument and acknowledged to me that
they executed said instrument freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day a..• -ar last above
_written,. --° - --
otary Public for Oregon
My Commission expires : eqc
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_ 01�iL:_� �.
4. • Beverl '
Thomas ox
STATE OF OREGON
)ss.
County of tagfiii4cp1/41 )
On this if day of ®G76e5e.P' , 1982, before
me, the undersigned, a Notary Public in 'nd for said County and
State, personally appeared the within named Beverly Jean Cox
and Thomas Cox, known to me to be the persons named in and who
executed the foregoing instrument and acknowledged to me that
they executed said instrument freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above
written.
Amirmirl
•
No ary Public for Oregon
• My Commission expires: 5��X444
AGREEMENT FOR
EASEMENT
Arthur W. Lehr and
Gertrude Lehr
and
Beverly Jean Cox
and Thomas Cox
AFTER RECORDING
RETURN TO:
•
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Reviewed as to form this 7 17-1 day of 0 N j, .9 -1 -- - .
e '
By: „Ad , Awl
Ci ty `e! - y of Tigard
N34 , ,4
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Revi,wA - , ,.5, Lo legal description this R) day of
lUkb , . , 19 S Z_
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By \ t ,,/
Appro'. .d. t...1 i 'S Lt day of - D . - ., r • ,
CITY OF TIGARD, OREGON PLANNING COMMISSION
ail \
By:
Chair an
APPROVED AND ACCEPTED this /3 day of j - - - 1 p fr 4 .e. L.- , 19 8.2_- , by
rescluC.on of the Tigard City Council.
!.'. . , Witness my hand 4. _.., - IN•na —......---.
City Recorder; igard,..-; -gon
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EXHIBIT "A"
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RESrDCNCE
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STATE OF OREGON
County of Washington SS
I, Donald W Mason Director;of Assessment
and Taxation and Ex Officio'Recorder of Con -
veyances fora said county do�hereby certify that
i, .
the within . nstrumentofwriting wasreceived
and recorded in book'of records of saidcounty.
;7
Donald. W` Mason Director of
• /� Assessmennf }and. Taxation, Ex-
O,f�ficiorChief`,Deputy Clerk
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1983 JAN I I Ali 9 44