96-067850 ~ 8100 & 8170 SW Durham Road b$A1 t Ul- UHhUUN l
'V.ETWN RECORDED DOCUMENT "'" wnty of Washington ) SS
CITY 14-ALL RECORDS DEPARTMEh.
I, Jerry R,"Han p
CITY OF TIGARD Assess-
ment and,T tlbn$an�d",fi r oa County
13125 SW Hall Blvd. Clerk foreaid.8q rely Prtify that
T Tigard, OR 97223 the withl i in�trjt vx 'received
and recorded;. 6W4,, o1 said
a county:
INDIVIDUA
, irry"R=tfsor► , erector of
File No. �, stkn�V '' axation, Ex-
o?Cgggt� lark
NO CHANGE IN TAX STATEMENT Doc 96067850Re c t: 168892 48. 00
0713011996 10: 10: 34am
MAINTENANCE
RESPONSIBILITY FOR MAINTENANCE OF A PRIVATE SEWER
COMMERCIAL USE
THIS AGREEMENT, made and entered into on this July 1
between James and Aurey Castile hereinafter called the first party,
and James and Audrey Castile hereinafter called the second party,
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following described property in the City of
Tigard, County of Washington, State of Oregon, to wit:
8100 SW Durham Road, Tigard, Oregon 97224
Tax Map No. - 2S1 13B
Tax Lot No. - 400
And the second is the owner in fee simple of the following described real property in said City, County,
and State, to wit:
8170 SW Durham Road, Tigard, Oregon 97224
Tax Map No. - 2S1 138
Tax Lot No. - 500
and said two parcels of real state adjoin each other;
WHEREAS, the parties desire to establish a deed restriction that requires each property owner to be
jointly responsible for the maintenance of the private sewer serving both properties described herein.
NOW, THEREFORE, in consideration of each party's granting to the other an easement hereinafter
described, and other valuable consideration each to the other in hand paid, the receipt of which is hereby
acknowledged:
FIRST: First party conveys to the second party a perpetual agreement to jointly be responsible for the
maintenance of the private sewer extending across said property and through school property, to wit:
See Exhibit "A"
SECOND: Second party conveys to first party a perpetual agreement to jointly be responsible for the
maintenance of the private sewer extending across said property and through school property, to wit:
See Exhibit "A"
THIRD: It is mutually agreed that each party may use in common with the other party, the whole of
said private sewer, including that portion thereof situated on the property of the other party for ingress
and egress of motor vehicle, pedestrians and uses incidental to any lawful use of the property.
FOURTH: This agreement should bind and inure to the benefit of, as the circumstance may require, not
only the immediate parties hereto, but also to their respective heirs, executors, administrators, and
successors in interest as well.
/,� Page 1 of 2
FIFTH: (Optional) The maintenance shall be shared responsibility of the parties and each of the parties
shall share the cost of maiptainirig the private sewer. The obligation to share maintenance costs shall
begin upon signing of this Agreement.
SIXTH: In construing the foregoing agreement, the plural shall mean and include the singular whenever
the context so requires.
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument on this, the day and year
first written hereinabove.
tor's Signature Grantor's Signatu�e
7800 SW Peters Road 7800 SW Peers Road
Address Address
Durham OR 97224 Durham, OR 97224
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on ' fl t`�!�e (date)by:
)_-)/rkfS (name of person(s)).
OFFICIAL SEAL
LARRY J. ESAU , 's St
knature
NOTARY PUBLIC-OREGON
COMMISSION NO. 022997
' COMMISSION EXPIRES MAR: 17, j 117" My Commission E 'res•
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument on this, the day and year
first written hereinabove.
tor's Signature Grantor's Signature
Q��
7800 SW Peters Road 7800 SW Peters Road
Address Address
Durham, OR 97224 Durham, OR 97224
STATE OF OREGON }
) ss.
County of Washington )
This instrument was acknowledged before me on _�I/ ! L 4 (date)by:
tJdrr e'-)JA (name of person(s)).
'! OFFICIAL SEAL
LARRY J. ESAUignature
NOTARY PUBLIC-OREGON 'S
`+ n COMMISSION NO. 022997 tt`' My Commission Expires:
r.Y COMMISSION EXPIRES MAR. 17, 1997tj
,fir«.
Page 2 of 2
[1 I
r
EXHIBIT "A"
LEGAL DESCRIPTION
DURHAM SCHOOL
SANITARY SEWER EASEMENT
A strip of land ten(10.00)feet wide in the northwest one-quarter of Section 13,
Township 2 South, Range 1 West of the Willamette Meridian, Tigard, Washington County
Oregon, being a portion of that land in deed to Durham School District No. 82 recorded in
Book 322,Page 470, Book 230, Page 249 and Book 322, Page 222, Deed Records, said
strip of land being five(5.00)feet on each side of the following described centerline:
Beginning at a point on the south line of said School District land described in Book 322,
Page 470, S 89037'47' W 5.00 feet from the southeast corner thereof,thence N
00022'13"W 584.50 feet parallel with the east line of said School District land;thence S
89037'4T'W 268.50 feet to a point on the west line of said School District land described
in Book 322,Page 222 being N 00°22'13"W 150.00 feet from the southwest corner
thereof.
arns�s+
Wes"
•r Page 1 of 2
;,, S. W DURHAM RD.
X0 BOOK 304
PACE 228 i 1 i
DEED BOOK 90. PAGE 634
0
S 89037'47" W
o 04
0 1 —i6 .
-850'
0 T
Z 0 DEW BOOK 230
0 PACE 249
d
Ii
1
0
ul)
X11 L
DEED aOOK 322 I t N
PACE 470
WE
04
a 1
I
0 1 +
0 s
z
SANITARY SEWER
EASEMENT DIAGRAM
10'
DAM 6J�0/9 -
SCALE. 1"=100'
it
Wm-memonclLa ==AM. Dic.
MMMO-SURVE"M
12m &W. Wa W-1m.
DOWA OR 97.*tZ3-#W
P.O.B.
LS 89037'47* W
5.00' 44 Page 2 of 2