2006-138853 ~ 13125 SW Bull Mountain Road Washington County,Oregon 2006.138853
/22/2006 04:49:31 PM
E Cnt=1 Stn=8 C PFEIFER
$35.00$6.00$11.00-Total=$52.00
AFTER RECORDING, RETURN TO: NMI I 1 1111111111U
01041360200601388530070079
CITY RECORDER I,Richard Hobernicht,Director of Assessment and
Taxation and Ex-Officio County Clerk for Washington(67
CITY OF TIGARD County,Oregon,do hereby certify that the within F""' n
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instrument of writing was received and recorded in the �` ' I
13125 SW HALL BLVD book of records of said cou t erN
TIGARD, OR 97223 Richard Hobernicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
W
EASEMENT OF
x , GRANT S MENT FOR INGRESS AND EGRESS
O
2 THS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into the
020Uday of November, 2006, by and among the CITY OF TIGARD, an Oregon municipal
corporation, ("Grantor") and Kim Knudeson and Rebecca Knudeson, husband and wife
(collectively, "Grantee").
Recitals
A. Grantor is the record of owner of that certain real property in the City of Tigard,
Washington County, State of Oregon (the "Grantor Property"), more fully described in Exhibit
"A", attached hereto and incorporated herein by reference; and
B. Grantee is the record owner of that certain real property also located in the City of
Tigard, Washington County, State of Oregon, described as 13125 SW Bull Mountain Road (the
"Grantee Property"), more fully described in Exhibit "B" attached hereto and incorporated herein
by reference; and
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C. Grantee is desirous of obtaining an easement across a portion of the Grantor Property
for the purposes of ingress, egress for the benefit of the Grantee Property, and Grantor is willing
to grant such an easement.
Op
NOW, THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. For valuable consideration received by Grantor, Grantor conveys and
grants to Grantee an exclusive perpetual appurtenant easement (the " Easement ") on, over and
across that portion of the Grantor Property described in Exhibit "C" attached hereto (the
"Easement Area"), for ingress and egress to and from the Grantee property. The Easement does
not permit improvement by Grantee of the Easement Area.
2. Fence Covenant. Grantor covenants and agrees to construct a wooden privacy fence
Page 1- EASEMENT FOR INGRESS AND EGRESS
ti40000 4400'
between 5 and 6 feet high and subject to the approval of the Grantee along the eastern and
southern boundary of the Grantee Property, along with a vehicle access gate to allow Grantee
access to the back of the Grantee Property in a location to be agreed to among the parties. Any
fence erected by the Grantor along with southern boundary of the Easement Area must be
approved in writing by the Grantee, who shall not unreasonably withhold approval.
3. Grantor' s Rights of Use. Grantor shall have the right to use the Easement Area for any
and all purposes not inconsistent with the rights granted herein to Grantee.
4. Termination of Easement. This easement shall remain in effect only while either Kim
Knudeson or Rebecca Knudeson is an owner of the Grantee Property and shall terminate upon
sale of the Grantee Property or upon death of both Kim Knudeson and Rebecca Knudeson,
whichever occurs first.
5. Maintenance of Easement Area. Grantor shall be solely responsible for keeping,
maintaining and repairing the Easement Area. Grantor agrees to keep the Easement Area
unobstructed for Grantee's use.
6. Time. TIME IS OF THE ESSENCE of this Agreement.
7. Notice. All notices to be given under this Agreement shall be in writing and shall be
effective when actually delivered. If mailed, notice shall be deemed effective 48 hours after
mailing as registered or certified mail, postage prepaid, directed to the other party at the address
set forth below or such other address as the party may indicate by written notice to the other:
GRANTOR: GRANTEE:
City of Tigard Kim Knudeson and Rebecca Knudeson
Attn: City Manager 13125 SW Bull Mountain Road
13125 SW Hall Blvd Tigard, OR 97224-1740
Tigard, OR 97223
8. This Easement shall be construed according to the laws of the state of Oregon. In the
event action is initiated to enforce or interpret any of the provisions of this Easement, the
prevailing party shall be entitled to an award of its reasonable attorneys fees at trial and appeal.
This provision shall include prevailing fees in any adversary proceeding in bankruptcy, including
motions for relief of stay.
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Page 2- EASEMENT FOR INGRESS AND EGRESS
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IN WITNESS WHEREOF, the undersigned set his/her hand on this D day of November,
2006.
GRANTOR: I GRANTEE: I
CITY OF TIGARD,
An Orego •• 1'cipal corporation
Kim Knudeson
By:
4 16
Name: �I�c
Title: FA i� ,_ Rebecca Knudeson
4
STATE OF OREGON )
ss.
County of GAil A 14 IN c=`TCA )
This instrument was acknowledged before me November s, 2006, by C)aht I6• PR CE1�
as('iTy ,A-AA6,-,E t7 of the City of Tigard,an Oregon municipal corporation.
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:ti. * •• J BENGTSON �.., i:..X,' 4.7)- '-
1) r NOTARY PUBIJC•OREGON " V ✓�/
) „ COMMISSION EXPIRES A 086 Nota Public for on
O MY COMMISSION APR.27,2007 reg
on
--�-_- �j�Vl ,- f1 7
My commission expires ;< <
STATE OF OREGON )
County of G�, " WIN
ss.
This instrument was acknowledged before me November-4i, , 2006, by Kim Knudeson and Rebecca
Knudeson.
____\N::::tc.41_,,
Notary Public for Oregon
♦ "'.•- ,',f-l-aCIA.L Sri
• s KAREN i Palo My commission expires C �(^ —ILI
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Y NOTARY PUBLIC-OREGON
COMMISSION NO.405222
MY COMMISSION EXPIRES MAY 27,2010
Page 3- EASEMENT FOR INGRESS AND EGRESS
EXHIBIT "A"
Parcel(s) 2, PARTITION PLAT 2000-086, in the City of Tigard, County of Washington, State of Oregon.
EXHIBIT(CL58) PAGE 1 OF 1
,4100.
EXHIBIT "B"
Legal Description:
Parcel 1, PARTITION PLAT NO. 2000-086, in the City of Tigard, County of
Washington and State of Oregon. TOGETHER WITH an easement for road purposes as
disclosed by documents recorded November 20, 1984 as Fee No. 84045385
P I ,
0'. EXHIBIT "C" ‘411101
Access Easement
The easement being more particularly described as follows:
Commencing at the Initial Point described in Partition Plat No. 2000-086 in County Records
as Doc. Number 2000094935, said point being South 41°46'15" East a distance of 1969.38
Feet from the Northeast Quarter of Section 9; thence North 89°45'47" West a distance of
243.15 feet more or less to a point at the most Northeasterly corner of Parcel 1; thence South
00°14'13" West along the most Easterly boundary of Parcel 1 a distance of 132.27 feet more
or less to a point at the most Southeasterly corner of Parcel 1, said point being the TRUE
POINT OF BEGINNING for the said Access Easement; thence South 00°14'13" West a
distance of 15 feet to a point; thence South 89°58'48" West a distance of 129.41 feet more or
less to a point on the most Westerly boundary of Parcel 2; thence North 00°01'12" West
along the most Westerly boundary of Parcel 2 a distance of 15 feet to a point at the most
Southwesterly corner of Parcel 1; thence North 89°58'48" East a distance of 129.41 feet
more or less along the most Southerly boundary of Parcel 1 to the TRUE POINT OF
BEGINNING.
See attached Figure 1 for a plan of the above described easement.
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