9747-9172 ~ 106th Avenue 9747 9172
EASEMENT
1
DATED: April 18, 1977
BETWEEN: CALWAY HILL HOMEOWNERS ASSOCIATION,
an Oregon nonprofit corporation,
P.O. Box 23012 ( "Grantor")
Tigard, Oregon 97223
AND: HOFFMAN & HOFFMAN HILLTOP ESTATES,
an Oregon partnerships,
( "Grantee")
Grantor owns the real property located in Washington
County, Oregon and described in attached Exhibit A and has the
right to grant easements upon portions of this property. Grantor
desires to grant an easement for sewer line purposes to Grantee
on a portion of the property described in Exhibit A on the
following terms and conditions. Grantee desires to obtain an
easement for sewer purposes on a portion of the property described
in Exhibit A on the following terms and conditions .
NOW THEREFORE, in consideration of the mutual covenants
and conditions contained in this Easement Agreement, the parties
agree as follows:
SECTION 1 GRANT OF EASEMENT
Grantor grants to Grantee an easement for the placement,
operation, and maintenance of a sewer line in the fifteen foot
wide strip of real property described in attached Exhibit A. The
easement granted herein shall authorize Grantee to utilize the
BOOR 1 160 PACE 2 2 1
BOOK1159 PALE460
L )747
• - 9172
easemented property only for purposes of placing, operating, and
maintaining a sewer line and for no other purposes. Grantee shall
be authorized to have access to the sewer line only for reasonable
;maintenance purposes and shall have the right to pass over the
surface of the easemented property only as is necessary for
aiA
maintenance of the sewer line.
SECTION 2 CONSIDERATION
The consideration to be paid by Grantee to Grantor is
the sum of ONE THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($1, 500 . 00) ,
the receipt and sufficiency of which is hereby acknowledged.
SECTION 3 RUN WITH THE LAND
The easement rights granted in this Easement Agreement
shall run with the land and shall burden the easemented property
and shall benefit the contiguously owned property of Grantee.
The easement rights granted herein shall be appurtenant to the
contiguously owned property of Grantee and shall burden and bene-
fit Grantor, Grantee, and their respective successors , heirs and
assignees.
•
SECTION 4 TERM
The easement rights granted herein shall be valid and
enforceable in perpetuity.
SECTION 5 OBLIGATIONS OF GRANTEE
The grant of this easement is conditioned upon Grantee
performing the following obligations :
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PACE,222
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(a) At the time of obtaining a building permit
authorizing Grantee to locate a sewer line within
the easemented property, Grantee shall post a bond
with Grantor in an amount equal to the construction
cost of the sewer line as indicated on plans and
specifications submitted to the City of Tigard.
The terms of the bond shall provide that if Grantee
fails to properly construct the sewer line and fails
to do so in a timely fashion, that the Grantor shall
be paid the amount of the bond and the Grantor shall
complete the construction of the sewer line. The
amount of the bond shall include not only the
construction costs of the sewer line but also the
cost of restoring the surface of the easemented
property to its condition prior to the grant of this
easement.
(b) After the construction of the sewer line has- been
completed, Grantee shall restore the surface of the
easemented area to a condition which is reasonably
comparable to its condition prior to the time of the
grant of this easement. At a minimum, this shall re-
quire that the Grantee landscape the surface of the
easemented property, with appropriate plantings and
barkdust.
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3 BOOK 115 9 PALE 290
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(c) After the sewer line has been completed, Grantee
agrees to landscape a parcel of property located behind
a garage which is to the southwest of the easemented
area. This area shall be landscaped in conformance
to the landscaping placed on the surface of the ease-
mented property.
(d) Grantee agrees that Grantee shall construct no
building or improvements within twenty-five feet of
the property line which is the eastern boundary of
Grantor' s contiguously owned property. In addition,
no floodlighting of any form whatsoever shall be utilized
in connection with any structure to be built by Grantee
and located on property adjacent to the property of
Grantor.
(e) Along the property line which divides the property
of Grantor and Grantee, Grantor shall construct a fence
of doublefaced cedar in a height not less than five feet.
The fence shall be painted with an earthtone color com-
plimentary to the colors of housing units located within
Calway Hill. The property immediately adjacent to both
sides of the fence shall be landscaped in reasonable
conformance with the landscaping required on the surface
of the easemented property and shall include the planting
of six to eight foot evergreen trees.
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SECTION 6 RESTRICTION ON GRANTOR
Grantor shall not construct any building or other
structure on the easemented property without the prior written
consent of Grantee.
SECTION 7 INDEMNIFICATION BY GRANTEE
Grantee agrees to defend, indemnify, and hold Grantor
harmless from all demands, claims, and losses made against or
incurred by Grantor arising out of or in any way connected with
the grant of this easement.
SECTION 8 ATTORNEYS' FEES
If any party should file suit to enforce its rights
under this easement agreement, the prevailing party shall recover,
and the other party shall pay, its reasonable attorneys' fees as
determined by the court at, trial or upon any appeal therefrom.
IN WITNESS WHEREOF, the parties have executed this
Easement Agreement to be effective on the date first shown above.
CALWAY HILL HOMEOWNERS ASSOCIATION
GRANTOR
By (4,t/Litt.,1/
HOFFMAN & HOFFMAN HILLTOP ESTATES
GRANTEE
By // � /%Ml-!/
/
i . (I)
BOOK 1.1 6Q PACES
BOOKI159 PACE294.
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STATE OF OREGON )
) ss.
County of Multnomah) •
On this 19th day of April , 977 , personally appeared
the above named Grant Stebner , who being duly sworn
did say that he is the President of CALWAY HILL HOME--
.. • OWNERS ASSOCIATION, and acknowledged that the foregoing EASEMENT
was executed in behalf of said corporation by authority of its
-,- Board of Directors. r ,.
. . iqk U1 .1 attOt
fai
Notary Public for Oregon /}
• My Commission Expires: J
My t.;ornmission txpires Aug. ►y, ,you
STATE OF OREGON )
) ss.
County of Multnomah)
On this /9day of April , 1977 , personally appeared
. before me, A 4, i8_ ,-C.Z.>'a •-. , who being duly sworn,
- -- did say• that he is a partner of HOFFMAN & HOFFMAN HILLTOP ESTATES,
a partnership, and acknowledged this EASEMENT to be the free and
voluntary act and deed of said partnership.
L./Pt ago'
• Notary Public for regon
My Commission Expires: J./1, 13.19,70
•
-TATE OF OREGON
Cou of Washington I SS
blocejimE3a1
I, 'ogar Thomssen, Director • Records
and Electio • and Ex-Officio Recor.er of Con-
veyances for .id county, do here. certify that
the within ins ument of writi•g•was received
and recorded in •ook of re .rds -_ •.
No.
cf said County - _ •
• •
F
Witness my hand d sea affixed. �.
RO' R THOM EN, Director of
cords & Electi• a
Dep
T{TCE 1NSU?ANCE" COMPANY.
12012 S. W. CANYON RO005AR
i9 2 , '
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B_AVERTON,
ATTN: CAKE N17
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EXHIBIT "A" ( / .-2---
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` Lf� i 1 20 0 A L L EN_ V E N U E
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`_ t.tltiSLU.Tr'(. SURVEYOR
na1d1-?\)-1-1;11c4 ril6, 1977� A�' " ' jN 5-77
A Legal Description for a 15ft . .:ide Sanitary Sewer Easement.
Situate in the N . E . 1/4 of Section 1 ) , Township 2 South, Range 1
West , Willamette i•;eridittn ,• City of i is rd . Washington County
Oregon, and being 7 . 5 ft. on eacn :-aide o: the following des-
. cribsd centerline :
Beginning at a point on the west Lii.ne of L.J C :i! LL No . 2 , a plat
of record , in said county , 193. 89 feet , more or less , N 0-51-50 E
from the southwest corner of said plat and running thence
S 89-07-10 .E on the centerline of said easement 115. 0 feet, more
or less, to and terminating at the westerly cul-de-sac right-of-way
of S .W. 106th Avenue and S .W. Delmonte give in said LANG HILL No. 2.
• I
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Filed for record.:.:4.ig..--14.1 7.a ..& r, •
ROGER TrtOMSSEN, jkr.ctoc at Remr4s % E....~•o••.
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***Document being re-recorded to include Exhibit "A"
1
BOO PAef 227