90-43810 ~ Bonita Road ~ 72nd Avenue ~ I-5 �" 90- 43810
- Washington County
�r
CORPORATION Page 1 of 2
AGREEMENT FOR PERPETUAL EASEMENT
For Motor Vehicle Driveway on Adjoining Parcels
Residential Use
THIS PERPETUAL EASEMENT, made and entered into this August 14
19 90 between SX W7 X- X S-H-Eddy-Souther #244 Partners hereinafter
called the first party, and SOXc 'XP (r7tAkf S-H-Eddy-Souther #244 Partners
hereinafter called the second party,
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following
described real property in the City of Tigard, County of Washington, State of
Oregon, to wit:
See Attachment - First Party
and the second party is the owner in fee simple of the following described
real property in the said City, county and state, to wit:
See Attachment - Second Party
and said two parcels of real estate adjoin each other; and
WHEREAS, the parties desire to grant to each other an easement and right
to use the described motor vehicle driveway now or to be constructed along and
upon a portion of both of the parcels in conjunction with any lawful use.
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 second party a perpetual easement for motor
�_.. vehicle driveway purposes for use in conjunction with any lawful use along and
upon that portion of first party's property described as follows: to wit:
See Attachment - First Party
SECOND: Second party conveys to the first party a perpetual easement for
motor vehicle purposes for use in conjunction with any lawful use along and
upon that portion of second party's property described as follows, to wit:
See Attachment - Second Party
THIRD: It is mutually agreed that each party may use in common with the other
party, the whole of said motor vehicle driveway, 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.
1 — 9
w4
CORPORATION Page 2 of 2
FOURTH: This agreement should bind and inure to the benefit of, as the
circumstances may require, not only the immediate parties hereto, but also to
their respective heirs, executors, administrators and successors in interest
as well.
FIFTH: -WET The maintenance shall be a shared responsibility of the parties
and each of the parties shall share the cost of maintaining the easement. The
obligation to share maintenance costs shall begin when the driveway is
completed.
SIXTH: 01pffaaa`l)- Each of the parties shall maintain liability insurance
which, at a minimum, meet the standard in the industry for the particular
types of uses for which the properties are used. The insurance policies shall
name the owner of the adjoining parcel as an additional insured in connection
with the use of the easement.
SEVENTH: In construing the foregoing agreement, the plural shall mean and
include the singular whenever the context so requires.
IN WITNESS WHEREOF, the undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors.
S-H-Eddy-Souther #244 Partners
Name of qP4X) 9( Partnershi
By: 411P
RVA*4James C. Edd
F
Partner
By:
Secretary
STATE OF OREGON )
) ss.
COUNTY OF 0 ) August 14, , 19 90
Clackamas James C. Eddy appeared and
who, each being first duly sworn, did say that the
former is kk Partner • xa' • x 44,J4 xtaltx i Xc
is i�lxtxxxx •, a 'V. .I OW4111.t , and that
the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that said instrument was signed and sealed in behalf of said
cpxpor.ation by authority of its board of directors; and each of them
,,,''\acknoc+'rlpdged said instrument to be its voluntary act and deed.
01"1N`erAVlONY WHEREOF, I have hereunto s- my hand and se this 14th day
of •,� 4uquit Y , 19 90 •
=`- U u k", Not: Pul is for Oregon
r�'•r�.� � i
SEAL) My ommission Expires: G -;z13
0 F
ApiiTtiVa as to legal description this----- day of , 19
By:
Title:
Approved this , 19
DEPARTMENT OF- COMMUNITY DEVELOPMENT
By:
Titles`'
ATTACHMENT - FIRST PARTY
PARCEL I: Beginning at the Northeast corner of Section 12, Township 1 South, Range
1 West, of the Willamette Meridian, Washington County, Oregon; thence South 659.9
feet along the East line thereof and along the center line of State Highway; thence
South 89° 49 ' West 746.65 feet to an iron pipe at the true point of beginning of the
tract herein described; thence continuing South 89° 49' West 528.4 feet to a pipe
on the East line of the County Road No. 126; thence South 0° 09 ' West 626.97 feet
along the East line of said road to a pipe at the intersection with the North line
of County Road 420; thence North 89° 46'i ' East 528.4 feet along the North line of
said road No. 420 to a pipe; thence North 0° 09' East 626.53 feet to the true point
of beginning, EXCEPTING a 30 foot strip on the East side of the above-described
property deeded to A.F. Knudsen and Marguerite A. Knudsen, husband and wife, by deed
recorded in book 295, Page 474, dated May 31, 1949, and recorded June 1, 1949 and
ALSO EXCEPTING the Northerly 324 feet conveyed to B.L. Meyers, et ux, in Book 447,
Page 500, recorded August 4, 1961.
9O-09\90231\Iasnort.ksc
3
ATTACHMENT - SECOND PARTY
A tract of land situated in the Northeast one-quarter (NE 1/4) Section 12, Township 2
South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being
Parcels II and III, recorded November 28, 1975 in Book 1056, page 240, Washington
County Deed Records, more particularly described as follows:
Beginning at a point in the west line of that certain strip of land deeded to the
State of Oregon, for highway right of way purposes (Interstate 5) , by and through its
State Highway Commission, said point bears South 659.9 feet along the east line of
Section 12, aforesaid and South 89°49'00" West 130.00 feet from the northeast corner
of said Section 12; thence South along said west right of way line 541.57 feet;
thence South 89°45'45" West 245.00 feet; thence South 79°12 '21" West 293.52 feet to
a point which bears North 00°09'00" East 45.00 feet from the centerline of S.W.
Bonita Road; thence North 00°09'00" East 598.03 feet; thence North 89°49 '00" East
646.50 feet to the point of beginning.
CONTAINING THEREIN an area of 8.245 acres. (359,167 square feet) .
STATE OF OREGON
County of Washington SS
I, Donald W.Mason,Director of Assessment
and Taxation and: x-Otf ,,Aecorder of Con-
veyances for sod county,doi hereby certify that
the within instrument of wPitifig Was received
and recorded m hook of.records `said county.
Donald W Mason Dihector of
Asessmmtetst an 'Taxa lbn, Ex-
Officio County G1ei1c,
Doc : 900438/0
Recta: 38609 48. 00
08/14/1990 03: 35: 25PM
90-08\90231\09rtY•2
'AUG-17-90 FRI 8:49 MSA/MEI FAX NO, 5032281285 P. 01
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,AC511411. TRdRSM1TTAL
vIACICENZIE ENGINEERING INCORPORATED
—.�— MACKENZIE/SAITO&ASSOCIATES. PC
0690 SW Sancta 1t•P.O.Box 69039
PORTLAND,OREGON 97201
tS0.71224.9560•(903)22x.9570.Fax(5031226.1265
HDATE 0-_P- O JOA 3 0
n . . . .• PROJECT ` Pt- r S. -e
- i J�/! '�1 }` — FAX V. 42,04- 7 7
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linMACKENZIE/SAITO &ASSOCIATES, p« COMMENTS
OREGON(503)224.9670 WASHINGTON(206)451.1005 r
MACKENZIE ENGINEERING INCORPORATED : ' "�`* .:,
OREGdN(543)224.9560 WASHINGTON(ma)4$1.1430 ,�