Loading...
TWD - 125th Avenue _ ,' Pro; L . Easeme. . Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (I) Tigard Water District hereinafter termed grantor (s) , in consideration of the sum of $One Dollar $1.00) to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes : 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances , together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions within the easement area, 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; said easement area being - • • ' ". . , _ �.► .-.•.. = - - the following designated premises : Situate in the northwest quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, beginning at a point on the north right-of-way line of S.W. Bull Mountain Road (CR #A-147 , a 40.0 foot side right-of-way) , said point being South a distance of 1,834.67 feet from the northwest corner of said Section 10, and running thence North on the west line of said Section 10 a distance of 346.00 feet; thence East a distance of 15.00 feet; th8nce South a distance of 344.96 feet to the said north right-of-way line; thence S86 02'00"W on said north right-of-way line a distance of 15.04 feet to the point of beginning containing 5,182 square feet more or less. 2. Tem• - - ry easement: Together w e temporary right of ingress, egress and regress, and use for sewer , . .truction purposes, of additional lands lying parallel to, along the = = = and within feet, when measured at right angles , of the ab• ' - •escribed perpetual easement area, excepting and reserving to grantors - unencumbered enjoyment, use and preservation of all structures present u•- • the premises. This temporary easement shall terminate upon completio - the sewer construction work, at which time, upon request of the owner, , - - City will issue a written release thereof. Should it be necessary to cut and remove any brush, trees , or other matter or materials from the easement area, said brush, trees , or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting , repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. 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 13th day of September , 1977 . (SEAL) C 'C\cn''avw- (SEAL) Hugh A. rown, C airman � . (SEAL) _ -/ / ,• - , (SEAL) errald R. Heater, Secretary (SEAL) BOARD OF COMMISSIONERS (SEAL) a consideration, the mortgage lien on the above described - properties ' hereby made subordinate to the easements above granted. • Dated this lay of + , 19 -- -_ Mortgagee By ,Title STATE OF OREGON ) ) ss . • County of Washington ) On this 13th day of September , 1977 , personally appeared the above named Hugh A. Brown and Jerald R. Heater and acknowledged the foregoing instrument to be their voluntary act and deed. Befor e• .isoae,) R bert E. San ee Notary Public for Oregon My Commission expires : February 2, 1979 iSTATE OF OREGON ) ss . County of On this day of , 19 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me : Notary Public for Oregon My Commission expires : _ ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees Lo comply with each and every term and condition thereof. CITY OF TIGARD Mayor Ly : Ci Ly F ccorder TATE', OP O1'ELiON 1 County of_ On this day of , 196 , before me appeared and both to me personally known who, being duly sworn, did say that he , the said _ is the Mayor, and he , the said is the Recorder of the CITY OF TIGARD, a municipal corporation , 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 affixed my official seal , this the day and year in this my certificate first written. Notary Public for Oregon My commission expires .. . . - ...• . -1 . ,,,,r,iil 0 _ EFT- 1 \1 (=OR. i `' 1 -."---V4 1.F._01E.' i-.-- ; t . a i r 1 . , • ....-.......„ . , I is3 1 ... ' -1-;•::.::'1 :-. \. k i tou 4-NOR-TI-1-145.2 I 1 11\..,. M , \ Book //07/22ye 677 r; 'Tr 1 0\ \ 131 m i Q6 ZB\ NO3'20'10"W ;1-- 1. I a: 1e:ri.e3C N . . I 1 s-----s i 1 , \ \ , .502.,70 . . ...,..,- • ......._ ,,,, .... . .......1 7• _.__L______4_—____...--- , 1 - , ' ‘.- .. -...._ . . OULL MOUNTAIN ROA9 , -- C6• ii • . 1, •,,,: il , \ . ; ! \\I 1/4 COR. i I STONE FOUND [ , it I ! 1 , , I I 1 11 I 1 • . 11 , ... . . . . , . _.. . . . K I - = FRESENTS. That we 0 ) . ------------- -- __ SA/.Pr TA ?; se to e •s=t- F `r- Tigard Water District _ __.___..___ 7a c r r 1-N7! 1? \te �_ __T _ w Y _. _ _. Ce /lRRl�t /F rtR in consideration of the sum of $ 1.00F _ to be paid by CITY O reinafte: termed grantor (S) a GARD, a enicipal corporation of Oregon, hereinafter termed the CITY, hcr<by grant, bargain, It and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter v_th a temporary right-of-way and easement to use an additional area h::rtai;'-. rer du_,cr;,hed ?n.d designated temporary easement, for the fol-lowing uses and purposes: Pelpet,Ja1 ca ..,:ent: Au unenco be:ed perpetual right-of-way and easement for the pt.rpose of constructing, Te- constructing, operating, maintaining, inspecting and repaihe ring oft � an rc:rnundergroundresal',, Sanitary Sel''er Line and appurtenances, together with vegetation, foliage, trees and other obstructions within the easement area, but reserving to the granters the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will nut teintet ri.ere}twit �,h ,hehuses n and d purposes of the easement; said easement area being _. ..:d At right angles, of the following described center line: SEE EXHIBIT A TE p easements Not Applicable Together with tLc temright of ingress, egress and regress, and 11. ! for said construction purposes, of ad•i-' `* ._,..1 lands lying parallel to, along the sides and within ret, when measured at. right angles, ors the of the above described perpetul easement reser.vationeof allstructurespry sl�iee lzg Pnngi�.hntpre�iii premises unencumbered enjoyment, use andpat This temporary easement shall terminate upon llcompletion wooftt the n onstruc thnr off l, which t=^e, upon request of the owner, the City her r or ls from hould it be n�:cessary to cut and remove matter andmaterials nhrees, or tshalllab �`rc�r avec tandadi-sposedt"o'' asement area, said brush, trees, or other y the City and the City shall leave the easement area in the neat and workmanlike and cin ondition he City agrees that in connection with its use of the perpetual easement areail and the , epairing, maintaining, or replacing said underground sewerline nepre-existing City state lav as remises in aneat and workmanlike condition and as nearly racticable. he grantors do hereby warrant that they are the owners in: fee simple and have the right to rant the above described easements. Wi.tnes3 our hands and seals this 13th day of June , 1978 (SEAL) 40_ .... �X. _ (REAL) . _ __ --- ugh A B own, Cha an �(sEat,) (SEAL) %?e= i _,_., -- -- Jerald R. Heater, Secrete (SEA —------- BOARD OF COMMISSIONERS lath day of June , 19 78 , perscp:tally k:;OW med Hugh E. Brown and Jerald R. Heater d acknowledged the foregoing instrument to be their voluntary act and deed. • Befo ri 6;L67,-- •gbert E. ��_....,,�_�__., Notary Public for Oregon • My Commission expires; 2 February 1979 ACCEPTANCE The City a',;:-ve named hereby accepts the foregoing grants and agrees to comply with each :d every term and condition thereof. CITY 01' TTCARD By: Mayor By: . _.� _ _._._--�-.--� City Recorder TATE OF OREGON ) ) ss. )unty of ) On this day of , 19 , before me appeared — and )th to me personally known who, being duly sworn, did say that he, the said . is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal prporaticn, and the said and c.kncwledged '_he said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY Wt{EREOF, I have hereunto set my hand and affixed my official seal, this the ay and year in this my certificate first written, Norary Public for Ore ,cn My commission expires EXHIBIT A Legal Description 16236 For Hazeltree Development May 26, 1977, S :ua -.e in the Northwest quarter of Section 10, Township 2 Sou .n, Range 1Yst, Willamette Meridian, Washington County, Oregon. A public ut�iit.y easement 10 feet in width over and across the westerly portion of that tract described in book 1107, page 617 and being 5 feet on each side of the following described centerline towit: Beginning at a point on the south line of Lot 5, Ames Orchard Subdivision recorded in Book 39 on page 37, said point being 5 feet east of the S.W. corner of said Lot 5; thence South, parallel with and 5 feet east of the west line of the subject tract a distance of 145.21 feet to a point; thence S 03028120"E a distance of 199.96 feet to the end of this ease- ment at a point on the northerly right-ot-way line of S.W. Bull Mountain Road (C.R. #A-147`-:.) said point being S86'02'00"W, 302.98 feet from the soul.herly S.W. corner of said Ame Orchard Subdivi ; ion.