2012-007303 e RETURN RECORDED DOCUMENT TO: Washington
2 /02 02/02/2012 County, :5 1 A
2012- 007303
02/02/2Q12 09:36:51 AM
CITY HALL RECORDS DEPARTMENT, D -E Cnt =1 Stn =7 K GRUNEWALD
3 l CITY OF 'EIGARD $15.00 $5.00 $11.00 $15.00 - Total = $46.00
1325 SW Hall Blvd.
11111 1 II 111111 1 1111 11111 I MI
Tigard, OR 97223
CORPORATION - 0167136820120007303 30034
I, Richard Hobernicht, Director of Assessment and 4 y. , :i.start
File No. SDR2010 00001 Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within 3 "` '
Instrument of writing was received a d re orded In the , a
EASEMENT book of records of said cou ,a
�i�
Richard Hobernicht, Director of Assessment and'
Taxation, Ex- Officio County Clerk
No Construction
Brooks & Pittman Rentals, LLC, an Oregon Limited Liability Company, hereinafter called the Grantors, grant and convey unto the
City of Tigard a "No Construction" easement over a strip of land on that certain real property described in the attached "Exhibit A"
situated in the City of Tigard, County of Washington and State Of Oregon. No permanent structures shall be constructed within the
strip of land as long as this easement is in existence. The strip of land is shown in the attached sketch Exhibit `B" and is more
particularly described as follows:
A strip of land along the property frontage adjacent to and abutting the existing SW 72 Avenue right -of -way and
covering an area between the SW 72 Avenue right -of -way and a line parallel to the SW 72 Avenue right -of -way
measured 52 feet from centerline of right -of -way.
THE TRUE CONSIDERATION for this conveyance is $ 0.00. However, the actual consideration consists of or includes other
property or value given or promised which is the whole consideration.
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 from 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.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to
be vacated, the rights of the Grantee in the above - described easement will be forfeited and shall immediately revert to the Grantors,
their successors and assigns in the case of such event.
TO HAVE AND TO HOLD the above - described and granted premises unto said Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF, I hereunto set my hand on this rim" day of ,S , 20 12_
.
e
Brooks & Pittman Rentals, LLC
Name of Corporation andall C. Brooks
17255 SW 72 Avenue
Portland, Oregon 97224 Member, Brooks & Pittman Rentals, LLC _
Address Title
SEAL
STATE OF OREGON) JANINE OFFICIAL
MONACO
) ss. NOTARY PUBLIC - OREGON
County of Washington) COMMISSION NO.425353
MY COMMISSION EXPIRES JANUARY 27, 2012
This instrument was acknowledged before me on J is z.otz by Randall C. Brooks as Member, Brooks &
Pittman Rentals, LLC.
'dotary's Signature
My Commission Expires: z.-I zoiz
Accepted on behalf of the City of Tigard this ze - day of \. ' i 1
NO CHANGE IN TAX STATEMENT City Engi •
EXHIBIT A
LEGAL DESCRIPTION
Description (Ate tract of land which is the subject of this report:
A tract of land situated in the Northwest one -quarter of the Southeast one - quarter of Section
12, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington
and State of Oregon, being a part of Lot 45, FANNO CREEK ACRE TRACTS, being more
particularly described as follows, to-wit
Beginning at the most Southerly comer of said Lot 45, FANNO CREEK ACRE TRACT, which
Southerly comer is the point of intersection of the Westerly right of way line of S.W. 72nd
with the Easterly right of way line of the Southern Pacific Transportation Co.'s Tillamook
Branch main tract (100 foot right of way) thence along said Easterly right of way line, North
17 21' West by deed description (Plat computes North 17° 42' 10" West) 442.87 feet thence
leaving said railroad Easterly right of way line, North 89° 57' 20' East 13434 feet to said
Westerly right of way line of S.W. 72nd Avenue; thence along said Westerly right of way line
South 0° 02' 40" East, plat bearing, (Deed description South 0° 00' 16" East) 422.00 feet to
the most Southerly comer of Lot 45 and the place of beginning.
EXCEPTING AND RESERVING HEREFROM a 10.00 foot wide easement for road purposes
being Westerly, adjacent and contiguous to the Westerly right of way line of said S.W. 72nd
Avenue, said easement being a portion of that easement to Washington County dated
August 6,1965 and recorded September 15,1965 in Book 569, Page 134, Deed Records.
FURTHER EXCEPTING AND RESERVING HEREFROM a strip taken for road purposes being
Westerly, adjacent and contiguous to the Westerly right-of-way line of S.W. 72nd Avenue,
said strip described in that dedication deed to the public recorded November 10,1983, fee
number 83- 41687, Deed Records.
FURTHER EXCEPTING THEREFROM that portion lying below a depth of 500 feet, measured
vertically, from the contour of the surface of said property.
‘,.)
EXHIBIT B .
4
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- tl 15115 15115
15115
a,`, 15115 15115
r
1'< d 52'
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Centerline of Right -of -Way
s \\� 15255 SW 72' Avenue
I
7233 • 1 \ REDWOOD LN
kl
7233 \ ! V; — — — -- __
\ No Construction Easement
7233 \ ,`
it " .
' ,, < 1' \ SW 72 "d Avenue Existing
7233 r 1C ly Right-of-Way Lines
1P7 \
15333
C
i , �� 1� t, 0 1 7000 15333
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ti \t -\,
V
Feet .1 I.\
0 125 . , 'I \ 'S ti.