84-003014 •
R P . . ` ,L- 1k e
' � v� Pa rcel No. - A X LOTS S.0 c } 1.1 0
— Legal DescriptionQS\_� ACA --
Linear Feet
SEWER EASEMENT 8 4 0 0 3 0 1 4
NAME OF GRANTOR(S): - -- Knauss Chevrolet Company-- -
ADDRESS: 11880 S.W. •_ • ..• '•. • • - •.. •
GRANTOR, owner of the property described herein, does hereby grant,
convey and warrant unto the CITY OF TIGARD, a municipal corporation of
Oregon, GRANTEE, the right to lay down, construct and perpetually main-
tain a sewer through, under and along the property described on Exhibit
"A" attached hereto and by this reference incorporated herein. This
grant of easement shall run with the land and shall be binding upon and
shall inure to the benefit of the parties hereto, their heirs, successors,
and assigns. This grant is made upon the conditions attached hereto,
marked Exhibit "B" and by this reference incorporated herein.
Any temporary easement granted hereby is automatically extinguished
upon acceptance of the completed sewer in the adjacent permanent easement.
No structure shall be erected upon said easement without the written
consent of the GRANTEE.
The consideration for this grant includes the easement rights hereby granted set
orth on Ex. A, and terms and conditions set forth on Exhibit B.
IN WITNESS WHEREOF, the GRANTOR named above has hereunto set its
hand and seal this ` "l/day of September , 1983
i / /Ss c O fGL,s(„/ KNAUSS Chevrolet Company
By: ! r -nn�imnn
Title: „fri �����,/'
_ __ �P A_
STATE OF OREGON )
) ss.
County of Washington )
The foregoing instrument was acknowledged before me this 27 day of
September, 1983, by :Alias/ �f�� of
..
Knauss Chevrolet Compaa4f, Oregon corporation, on behalf of the corporation.
Ce
a •
^ 7, i ""'r` Notary Public for Oregon...)
My Commission Expires :2
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EXHIBIT X
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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
ty
Mayor
;1 1 \
4 5 /
City Recorder
STATE OF OREGON
/ ) ss.
l /
County of OnSh 7"04 )
On this ` of e j p- , 19 iA , before me appeared
/VII bur a. 615/�jip and T}0r16 17CLr - 1 4 � j
both to me personally known who, being duly sworn, did saay that , the
said 0)//k), at ,�, , „ is the Mayor, and , the said
rIS H.Ct,r-> 1 is the Recorder of the CITY OF TIGARD, a
municipal corpor ,,. tiion, and the said /b G{, , e3 l , gyp
and j -i /-1,44-1-/ 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 affixed my
��i,iiili i)p
off,'cs S'e this the day and year in this my certificate first written.
6 /f _ ✓L.� ,� /LPL_ _�
�� p�,f� • '•,, No ary Public for Oregryn
� My Commission expires: �j/ /ti —k4(
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EXHIBIT "A"
TRACT I
Permanent sewer easement from Knauss Chevrolet Company, an Oregon corporation, to
the City of Tigard, within the following area:
Y g � g
A portion of Lots 8 and 9, DURHAM ACRES, in the City of Tigard, Washington County,
State of Oregon, according to the duly recorded plat and map thereof in the SW 1/4
of Section 12, T. 2S., R. 1 W., W.M.:
Beginning at the Southwesterlymost corner of that certain tract of land including a
portion of Lot 8, and all of Lot 9, DURHAM ACRES, as described in deed from Milton A.
Odegard and Sharette A. Odegard, husband and wife, to Knauss Chevrolet Company, as
recorded in Book 754 Page 344, Records of Washington County, Oregon; thence North-
easterly along the Southerly line of said land described in said deed to the North -
easterlymost corner of Lot 8, DURHAM ACRES; thence North along the Easterly line of
Lot 9, DURHAM ACRES, 20 feet to a point; thence Southwesterly to the said point of
beginning.
SUBJECT TO the exceptions, terms and conditions hereinafter set forth and by this
reference made a part hereof, including easements and conditions set forth on
the attached Exhibit B.
TRACT II
TOGETHER WITH a temporary construction easement lying Southerly of the line as drawn
parallel to and 30 feet Northerly of, when measured at right angles, from the above
described permanent easement area, and extending from the West line of the lands
owned by Knauss Chevrolet Company to the East line thereof, subject to the terms and
conditions hereinafter set forth, and all rights with respect to said temporary ease-
ment shall be extinguished and terminate upon completion and installation of a sewer
within the above easement area and acceptance thereof by grantee herein, and in any
event not later than May 1, 1984
3
EXHIBIT "B"
EASEMENT CONDITIONS
1. The grantee and its contractor shall confine all operations to the designated
areas and observe all conditions and requirements hereof.
2. The grantee and its contractor will make any necessary preliminary explora-
tions to determine the location of any obstructions which may interfere with
the construction of the sewer line, including those arising under pre-
existing easements.
3. Grantee shall require the contractor to excavate and pile the top soil sepa-
rately from the subsoil, and conduct the work in a manner that will replace
original conditions to the utmost extent practicable, with the intent that
the contractor shall leave the surface and soil in substantially the same
condition as before the work was undertaken.
4. When sewer construction is across land on which livestock may be grazing,
temporary fencing shall be erected along any open trenches to prevent live-
stock from getting into the trench. Whenever it becomes necessary to cross
an existing fence line, erection of fences and barricades shall be made
so that livestock are not prevented access to the water courses which they
normally use for drinking.
S. During the time that the work is in progress, the contractor shall maintain
the site in a neat and orderly condition. All loose gravel, rocks, residual
concrete, and all loose foreign substances, all refuse, broken pipe, excess
gravel or other foreign material, cribbing, etc., shall he removed as soon
as practicable. Should the work not be maintained in a satisfactory con-
dition, the grantee shall cause the work to stop until the clean -up portion
of the work has been done to the. satisfaction of the owner. No excess dirt
or topsoil shall be removed from grantor's lands for use elsewhere or for
off - premises disposal. Upon completion of the initial construction, all
trenches and excavations shall be promptly refilled and topsoil, sod or
other natural growth replaced. Loose fill material placed in trenches shall
be compacted and settled, and filled and refilled, as necessary to re-
establish the original topography, as often as necessary, and subject to
final inspection by the grantor for compliance with these requirements at
the expiration of one year after completion of all work on grantor's
property.
6. Irrigation and drainage systems, if any, shall be maintained operable during
construction and replaced in substantially the same good, useable condition
as existed at commencement of construction.
7. Temporary construction easememts, if any, will be automatically extinguished
upon acceptance by the grantee of the completed sewer, not later than
May 1, 1984
8. Grantee agrees to indemnify and hold harmless grantor, successors and assigns
from all claims, liabilities, cost and expense, for loss of or damage to
property and for injuries to or death of persons arising out of construction,
reconstruction, maintenance of sewer or related use of easements.
27,7/
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9. No vehicular access to the property outside of established roads and ways
will be permitted without the written consent of the grantor. Grantor will
be notified 24 hours prior to authorizing construction on property for ditch-
ing and pipe installation or other purposes.
10. No assessments for general benefits from the construction of said sewer line
within grantor's ownership shall be made now or in the future in connection
with the development of grantor's adjacent lands, provided that the pre -
described charges for connection and service as required by ordinance or
regulation shall be applicable to grantor's lands in any event.
11. The conditions, covenants and requirements hereof shall be construed as
covenants running with the land, and shall be and remain binding to the con-
tractors for the protection of grantor, grantor's heirs, successors and
assigns herein, the owners of the lands adjoining the easterly boundary of
grantor's lands, devisees, personal representatives, executors and assigns,
forever.
INITIALS: Grantors Grantee
6
CONSENT AND SUBORDINATION AGREEMENT
The undersigned, having a security interest in the real property of
Knauss Chevrolet Company, an Oregon corporation, as described on the attached
• Exhibit "A ", hereby consents to the granting to the City of Tigard, a munici-
pality of the State of Oregon, of a certain perpetual, as well as temporary
easement,- for sewer purposes on, over and across said premises, in accordance
with the provisions set forth on the proposed easement document hereto attached
marked Exhibit "X" and by this reference made a part hereof, and the undersigned
does hereby subordinate all security rights and interests described in said in-
strument to the rights granted to the City of Tigard, as set forth in said sewer
" easement document.
DATED: September 20 , 1983.
PORTLAND FEDERAL SAVINGS AND LOAN
ASSOCIATION OF PORTLAND, an Oregon corporation
Now known as FAR WEST FEDERAL BANK, S:B.
Phylis A. Prysock
Title: Vice President
STATE OF OREGON ) •
ss.
County of Multnomah )
The foregoing instrument was acknowledged before me this 20th day of
September , 1983, by Phyllis A. Prysock , Vice President ,,ofllrt
' FAR WEST FEDERAL BANK, S.B. , an Oregonud`rpgp /n;,
on behalf of the corporation.
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- _
•
Notary Public for 0 egon
My Commission Expires: '"f.— t ` ..
1 - CONSENT AND SUBORDINATION AGREEMENT
0- - - '
CONSENT AND SUBORDINATION AGREEMENT
The undersigned, having a security interest in the real property of
Knauss Chevrolet Company, an Oregon corporation, as described on the attached
Exhibit "A ", hereby consents to the granting to the City of Tigard, a munici-
pality of the State of Oregon, of a certain perpetual, as well as temporary
easement, for sewer purposes on, over and across said premises, in accordance
with the provisions set forth on the proposed easement document hereto attached
marked Exhibit "X" and by this reference made a part hereof, and the undersigned
does hereby subordinate all security rights and interests described in said in-
strument to the rights granted to the City of Tigard, as set forth in said sewer
easement document.
DATED: ,S, ,20 , 1983.
U.S. CREDITCORP, an Oregon corporation,
9340 SW Beaverton - Hillsdale Highway,
Beaverton, Oregon 97005
By: —___ -�
Title: i,�se9,4
STATE OF OREGON ) ss.
County of • _ • s �„ )
/ .
The foregoing instrument was acknowledged before me this ;30 day of
Se d i ,P : _, 1983, by l G .I/ y'a� , X (ix? ,O5 a - of
U. . Creditcorp, an Oregon corporation, on behalf of the corpofation.
itill'iti, ••• • t ‘23 -C-.6 fdlAl
e
No ary Public f or Oregon
v / ` '' --�j
.) • � !;`' �
My Commission Expires:_
. &/�_'' 0 \ ,ti = .l ' . P� STATE OF OREGON
• .(3 r's County of Washington SS
r �"" I, Donald W Mason iDirector of Assessment
r M and Taxation .:and Ex- Officio or of Con -
�� 0. veyances for said coi ty do- hereby was certify received that
rt) the and wit recorded' hin, ins in boo recort of wntds in
- -Ti:- - CONSENT AND SUBORDINATION AGREEMENT of'said county.
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of � 7 � �pD
A D ssessald m e nt ad T axation Ex
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� Officio Ch ief De put Director of
y Clerk
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19814 JAN 25 [ 1I 10:51