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87-042242 ~ Gaarde Street ~ Chandler Drive 1.✓1.L✓vfll/ Va...�..V11� l[1l\4.441,1•,)11.1.1 y V� k , � � ` eREEMENT FOR PERPETUAL EASEMENT '" 8 7 O 4 2 2 4 2 For Motor Vehicle Driveway on Adjoining Parcels Residential Use THIS PERPETUAL EASEMENT, made and entered into this dr' 304 , 19 g 7 between Richard A. and Shirley D. Walker hereinafter called the first party, and Richard A. and Shirley D. Walker 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 attached Exhibit "A" /7A t ) 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 attached Exhibit "B" /f2 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 withn la f 1 use, including access to newly created parcels 1 and 2 as shown on map and le a esscriptions attac e hereto. 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: Beginning at a point on the East line of Section 9 , South 20 . 00 feet from the N. E. corner thereof; Thence continuing South 590 . 95 feet to the S. E. corner as described in fee no . 80016054 ; Thence S-89°50 '20"-W 25. 00 feet; Thence North 599. 78 feet ; Thence S-70°41 '24"-E 26 . 49 feet to the point of beginning. 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: Beginning at a point on the East line of Section 9 , South 20. 00 feet from the N. E. corner thereof; Thence continuing South 590 ..95 feet to the S. E . corner as described in fee no . 80016054 ; Thence S-89°50 '20"-W 25. 00 feet ;. Thence North 599. 78 feet ; Thence S-70°41 ' 24"-E 26.49 feet to the point of beginning. 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 vehcile, pedestrians and uses incidental to any lawful use of the property. --a INDIVIDUAL-GENERAL PARTNERSHIP 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: (Opt.) 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: (Optional) 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 parties hereto have subscribed this instrument in duplicate on this, the day and year first written hereinabove. .-"zede-/Ljalh-17 t 0,d , . Walker il Shirley P. Walker Alaska STATE OF mom, County of c� /] )ss. =-S,,'L-1 -1 , 19 g7 Personally appeared the above named Richard A. and Shirley D. Walker and acknowledged the foregoing instrument to be their voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this ' 27 day of �5vt , 19 X37 ' !1 Q,t.LL c3'4' G. 0 Notar ublic for N Alaska ;� r ( Q,�3ARIAL SEAL) My Commission Expires: j l991 J;Appy' vedr $ 'to legal description this day of Ala: �' ' 1' Of ‘� xec B / A �, . y ° , °i---- ' • ii ;-',0 `, + / I7'U` Title: i;�`CS `�cv/^UE'GjOy" �1 r Approved this / day of c- /7� e , 19, ,E . DEPARTMENT OF COMMUNITY DEVEL9PMENT / Title: 4 ii ��!� ec,;-- (RC:pm/0678P) Exhibit "A" The following described real estate, situate in the County of Washington, State of Oregon, to-wit: Beginning at the Northeast corner of Section 9, Township 2 South, range 1 East of Willamette Meridian;rudning thence West along the North line of said Section 660 feet; thence South 610.95 feet; thence East 660 feet to the East line of said section; thence North along said section line 610.95 feet to the place of beginning, EXCEPTING THEREFROM a triangular parcel in the Northeast corner of said section conveyed to Jacob Storm by deed recorded in Book 71, Page 51, Deed Records, Washington County, Oregon, more particularly described as follows, to-wit; Commencing at the Northeast corner of Section 9, Township 2 South, Range 1 West of Willamette Meridian; thence South 20 feet on section line; thence Northwesterly 60 feet to North line of Section 9; thence East on said North line of Section 9 to place of beginning. Also a non-exclusive easement appurtenant to the herein described property, recorded in deed to Melanie A. Parke, February 15th, 1949, in Book 292, Page 749, Deed Records, Washington County, Oregon, described as follows, to-wit: A right of way easement for road purposes in and over a strip of land, beginning at the center of County Road where it crosses that East line of said Section 9, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; running thence North along the East line of said section 1244.75 feet to the Southeast corner of the herein described tract of land; thence West 20feet; thence South 1244.75 feet, more or less, to the center of said County Road; thence East along the center of said County Road 20 feet to the place of beginning, EXCEPTING from the above that portion conveyed to Richard A. Walker, et ux, by deed recorded November 7, 1966, in Book 621, page 1, Records of Washington County. 'Noe' Exhibit '$" The following described portion of that tract of land in Section 9, T2S, R1W.W.M. , described in contract of sale to Richard A. Walker, et ux, as recorded in Book 510, page 445, Washington County, Oregon, Deed Records: Beginning at a point on the south line of said Walker tract, 50.00 feet west of Southeast corner thereof; and running thence, West 186.69 feet; thence, North 175.0 feet; thence, East 186.69 feet; thence, South 175.00 feet to the point of beginning; containing 0.75 acre, more or less, together with a non-exclusive easement, appurtenant to said 3/4 acre tract, over the West 50 feet of the East 51 feet of the tract covered by this contract extending from the South line thereof to the North line of said 3/4 acre tract. y� '.., ,ltIv 3/4 I. P.F. ' NORTH 660.00'G.5. 375 `� N.E SE C•S.3752 SECTION E 5-89"5020 W 5vote w SECTI( 9 DRAS5 659.88' �� tir3 809.88' ._`0._ /93.38 a,1,, 1 ll•go !! 0 0�1 by 00 \\\ ! 0 5� o11t i o M. L . P i� ° - PARCEL I t o 36, 931+ S.F. I� J , 5-89'50'20- W 1/ ,223. '�0 2 50.00" 1/o M. L . P. / o o PARCEL 2 I/ 0 LA 32500 5.F. FEE NO. I o Q 80016054- o 250-00' I/ a IoW 6 784 AC. 5- 89.50'20'W 1 0 0�. 4 2S. I • 4 •p A i 2S INGRE. oto 1 t. o.✓ SAN. SWR 5- 89'50.20"- K, b / AND UTIL 1 186.69' '5o' DE I Q 32, 670 S.F. 0 0. 75 AC. 0 LA o r n 14 qi 42 3 . 21' 186 69' t ! Ii5.00 -- 5 -89' 50 '20"-W %"LR.F. 659. 90' /60.00' 1 SEE c o C) � � o •LI\ C.5. 2 2, 2 Z3 N N I I ` i8` I. R.F. • ir6o.o0' - CA SEE C. I20.4.1. i �- E1i'ISrING ' i2 0' ROAD' id Ayr trifiswic-ati*site- 6gE7.02,,,,v, . ,. .,-3 DEED i Ar EAST 1. 11 STATE OF OREGON k I •-•,--S , County of Washington } SS i i I, Donald W.Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- '. I veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk