80-002608 ~ Pinebrook Street Owl
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80002608
EASEMENT
KNOW ALL MEN BY THESE PRESENTS , That I , CATHALEEN HAMBACH,
hereinafter termed grantor , in consideration of the following :
(a) cash consideration in the sum of $8 , 000 . 00 to be paid
on execution hereof , and
(b) additional work and materials necessary to complete
the requirements set forth in the special conditions herein-
after stated,
all of said consideration to be furnished by GODWIN CONSTRUCTION CO.,
INC. , G. FERDINAND WARDIN , ROBERT WESTLUND , and WILLIAM A.
GODWIN DEVELOPMENT CORPORATION , owners of Tax Lot 6400 , tax map
2S 1 11AD , which abuts upon the west and south boundaries of
_grantor ' s tract described as Tax Lot 6300 , tax map 2S 1 11AD ,
all in Washington County , Oregon , do hereby grant , bargain, sell
and convey unto the City of Tigard a municipality of State of
Oregon , the perpetual right of way and easements hereinafter
described, together with temporary rights of way and easements
for the use during construction hereafter designated "temporary
easements" for the following uses and purposes :
1 . Perpetual easements :
Unencumbered perpetual right-of-ways and easements for the
purpose of constructing , reconstructing, operating, maintaining ,
inspecting and repairing of underground sanitary and storm sewer
lines , manholes and other appurtenances , together with the right
to remove , as necessary , vegetation , foliage , trees and other
obstructions within the easement areas but reserving to the grantor
the title to the lands , subject to the easements , and the right
to make such use thereof , except to construct buildings , as will
Page 1 - EASEMENT
I
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not interfere with the uses and purposes of the easements , said
easement areas being 7 1/2 feet on each side , when measured at
right angles , of the following described center lines within
the following designated premises :
(a) Tax Lot 6300 , tax map 2S 1 11AD, being grantor ' s
ownership , in the SE 1/4 of the NE 1/4 of Section 11 ,
T2S , RlW, W.M. , Washington County , Oregon : Beginning at
a point south 890 05 ' 57" west 448. 73 feet from a 5/8 inch
iron rod marking the northwest corner of that certain
tract of land described in Book 504 , page 543 , Washington
County Deed Records , said point being on the south line
of "Pinebrook Terrace" a duly recorded plat in Washington
County , Oregon ; thence south 020 19 ' 45" W 231 . 61 feet to
a point ; thence south 000 53 ' 54" E 300 . 07 feet ; thence
south 890 061 03" West 145 . 00 feet; thence south 7 . 50
feet to a point on the south line of tract described in
Book 504 , page 543 , Washington County Deed Records ;
(b) Tax Lot 6300, tax map 2S 1 11AD, being grantor ' s
ownership, in the SE 1/4 of the NE 1/4 of Section 11 ,
T2S, RlW, W.M. , Washington County, Oregon : Beginning at
a point North 000 080 07 " east 236 . 89 feet from a 5/8 inch
iron rod marking the northwest corner of that certain
tract of land described in Book 504 , page 543 , Washington
County Deed Records , said point being on the south line of
"Pinebrook Terrace" a duly recorded plat in Washington
County, Oregon ; thence north 880 22 ' 07" east 440. 00 feet
to a point.
2. Temporary Easements
Temporary right of ingress , egress and regress , and use
for construction purposes , of additional lands of grantor to
terminate upon completion of sewer construction work within the
permanent easement area, excepting and reserving to grantor the
unencumbered enjoyment , use and preservation of all structures
present upon the temporary easement areas .
(a) A strip of land 20 feet in width lying westerly of ,
along and within 20 feet of the west line of the first
above-described perpetual easements and extending from
the south line of grantor ' s lands to the north line thereof.
(b) A strip of land 20 feet in width lying northerly of ,
along and within 20 feet when measured at right angles , of
the perpetual easement above designated l (b) and extending
from the west line of grantor ' s lands easterly to join with
temporary easement above described herein and designated
2 (a) .
Page 2 - EASEMENT
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3 . Special Conditions :
The owners of Tax Lot 6400, tax map 25 1 11AD, for the
benefit of which tract and easements herein described are granted ,
as and for additional consideration for the granting of the ease-
ments herein described shall furnish all work and materials to
accomplish the following :
(a) Construct a 6 ' 6" heighth permanent fence along each
of the west and south ,lines of grantor ' s tract designated as
Tax Lot 6300 , tax map 25 1 11AD , to be completed within reasonable
time after completion of construction of sewers within the per-
manent easement areas above designated; said fence to include
4 ' of hog wire , 4 strands of barbed wire , with steel posts set
at 10 ' spacings.
(b) Cause to have the residential structures on grantor ' s
lands hooked up to the permanent sewer line to be constructed
within perpetual easement area l (a) and to pay .the hook-up charges .
(c) in the permanent construction and use of temporary
construction area , reasonable care shall be exercised to avoid
damage and destruction of apple and other trees now subsisting
on grantor ' s lands . The line to be constructed within perpetual
easement area l (b) shall be no less than 5 ' below the normal
surface of the ground and no manholes shall be placed within cul-
tivated fields .
(d) Should it be necessary to cut and remove any brush or
other growth from the easement areas , the debris resulting there-
from shall be removed and disposed of elsewhere and the easement
area shall be left in a neat and workmanlike condition. All
refilling shall be compacted and refilled after settling to re-
store the pre-existing topography as nearly as practical so to do .
Page 3 - EASEMENT
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All sewer lines constructed within the permanent easement
areas shall meet the applicable standards and requirements of the
Unified Sewerage Agency , the City of Tigard and State of Oregon .
Grantor does hereby warrant that she is the owner in fee
simple of all lands involved in the above described easements ,
and has a good, legal right to grant the easements herein described.
WITNESS the hand and seal of grantor this day of
1978 .
STATE OF OREGON
ss .
County o f
On this day of � I 1978 , personally appeared
92
the above named Cathalegn HBach and acknowledged the foregoing
instrument to be her voluntary act and deed.
Before me :
Not�ry Pub is for Oregon'
My Commission Expires :
MY COMMISsIon Expires March 28,1981
ACCEPTANCE
The City of Tigard , pursuant to resolution of its City Council ,
hereby accepts the foregoing grants and agrees to perform or require
4 the performance of all terms and conditions hereinabove set forth.
CITY OF TIGARD
B y ::�F ln�
Mayor
By
Ciry, ecord'e
Page 4 - EASEMENT
W
S I'ACE OF OREGON
County of
On this 19W, before me appear,
VY) c
1)(it h to ine personally Rno,jn w1hi being duly s,w,')rn, did gay th_--A he, the Said
1,10 is the !-'ayor, and she, tl,,, -aid
,,corder of T he I j f OF 1 i Gt"'J), Wd the s"id
CL 0-A� 1�.
tl,e � ,iid instrl:ni'nt Lo I)e ! :-('e act a-rid deed of said Maicipal Corporation.
iN W1i',HSS !'_'ii' into set: -,T]y T,aiid and affixed my offlicial al ,
this the day ,and car n tir,i 'q :'Ay ( 1_T1ficAte first writt,��. .
p Ld
sem_
l"'Y,ry Pijlbl ic for Ors-gon
"y C, . , sion FApires :
STATE OF OREGON
SS
County of Washing-o11
1, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
ROGER THOMSSEN, Director of
Records &Elections
INDEXED
Return to:
City of Tigard
PO Box 23397 JAN Z3 I is Am ".80
TI"rd, OR 97223
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