2785 ~ Hunziker Road • r Ci TY F-.-..
84.61 291965,
e• piLE
REF, TO
(TQC`' '.. . , Ecbt,
AGREEMENT
THIS AGREEMENT, made this �,� day of September,
1961, by and between EDWARD C. HUNZIKER and BETTY HUNZIKER, .
husband and wife, hereafter designated Hunziker, and DONALD
B. McCORMICK and WILLIAM J. MACY, Trustees, hereafter desig-
nated Trustees,
WITNESSETH :
WHEREAS, on or about February 19, 1959, Percy L.
Brown and Agnes M. Brown, as grantors, did grant, bargain, sell
and convey to Hunziker an irrevocable right and option until
the close of business on March 1, 1969, to purchase a non-
exclusive right-of-way and easement thirty feet wide on, over
and across the grantor's premises as described in said option
agreement as recorded in the County Clerk's office of Washing-
ton County, Oregon, Deed Records, on March 19, 1959, on page
510 of Book. 415, and
WHEREAS, by an agreement of April 16, 1959, as re-
corded in the County Clerk's office of Washington County, Ore-
gon, Deed Records, on May 12, 1959, on pages 400, 401, 402,
403, 404 and 405 of Book 417, J. A. Wiley and Dorothy L. Wiley,
as grantors, and George E. Lockman, as grantee, provided for a
perpetual easement thirty feet wide for the purpose of construct-
ing an industrial spur railroad track with its exact location
subject to a survey and tentatively described as follows:
A strip of land (30 feet wide) lying 15 feet
equally on each side of the following described
center line:
Beginning at a point in the northeasterly lino
of the land (100 feet wide) of the Southern Pacific
Company that is distant 347 feet southeasterly more
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or less from the southwest corner of the J. A.
Wiley Company property; thence northwesterly and
northeasterly on a curve to the right having a
radius of 477.68 feet to the point of intersec-
tion of a line 30 feet southeasterly from the
northwesterly line of said J. A. Wiley Company
property and a line 425 feet northeasterly from
said northeasterly line of said land of the
Southern Pacific Company,
and
WHEREAS, said Wileys and Lockman in said agreement
further provided for the extension of said easement for said
purposes to serve persons owning the property across Hunziker
Road, which road forms the Northeasterly boundary of said
:property, and
WHEREAS, Trustees did purchase from Percy L. Brown
and Agnes M. Brown the property heretofore described in said
option agreement as recorded in the County Clerk's office of
Washington County, Oregon, Deed Records, on March 19, 1959, on
page 510 of Book 415, and did thereafter purchase a portion of
Hunziker' s land lying immediately adjacent thereto, more par-
ticularly described in a certain warranty deed between Trustee
and Hunziker as recorded in the County Clerk's office of Wash-
ington County, Oregon, Deed Records, on September 1, 1959, on
Page 747 of Book 421, and
WHEREAS, the agreement between Percy L. Brown et ux.
and Hunziker dated February 19, 1959, was modified to provide •
that the southerly boundary of said non-exclusive thirty foot
right-of-way and easement therein granted should not be located
less than two hundred fifty feet from the center line of Hun-
ziker Road nor more than three hundred and twenty feet from
said road's center line by the terms of an agreement between
Trustees and Hunziker dated August 21, 1959, and ra ordad 1n
the County Clerk's office of Washington County, Oregon, Deed
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BOOR :` F»�� thi
2 7 s ; -.3 • •
Records, on September 1, 1959, on 'pages 748, 749. and 750 of
J •
Book 421, and
•
WHEREAS, Trustees and Hunziker further agreed that
in the event and at any time that access to an industrial spur
track as extended across Hunziker Road from the' Wiley, Lock- •
man properties and along the easterly boundary of the said • .
Brown property became available to Hunziker, then said option
agreement between the Browns and Hunziker dated February 19,
.1959 (as amended) shall be automatically cancelled and of no
further force or effect, and
WHEREAS, Trustees as owners of the real properties
heretofore described and Hunziker as the owner of the real
property immediately adjacent to the easterly boundary of said
property sold by Hunziker to Trustees as described in the said
warranty deed as recorded in the County Clerk's office of
Washington County, Oregon, Deed Records, on September 1, 1959,
on page 747 of Book 421, desire to grant to each other thirty
feet easements of right-of-way,
NOW, THEREFORE, in consideration of the premises and
the mutual promises herein contained, it is agreed between the
parties as follows:
1. Trustees grant to Hunziker, their heirs and as-
signs, the full and free right to Hunziker, their tenants, ser
vants, visitors and licensees to pass and repass along an
easement of right-of-way over the easterly thirty feet of
Trustees' property hereinbefore described; to hold said ease-
ment to Hunziker, their heirs and assigns, as appurtenant to
said land of Hunzikers.
2. Hunziker grants to Trustees, their heirs and as-
signs, the full and free right to Trustees, their tenants, •
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BOOK
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servants, visitors and licensees to pass and repass along an
easement of right-of-way over the westerly thirty feet of Hun
•
ziker's property 'hereinbefore described; to hold said easement
to Trustees, their heirs and assigns,, as appurtenant to said
land of Trustees.
3. Hunziker agrees that Trustees shall have the
right to enter upon said easements of right-of-way forthwith
for the purpose of grading said easements of right-of-way, the
cost of said grading to be borne solely by Trustees.
4. It is further agreed that neither party shall be
under any obligation to improve any part of 'said easements of
right-of-way. However, either party shall have the right to
improve said easements of right-of-way or any part thereof and
said party shall bear the entire costs of said improvements un-
less otherwise mutually agreed.
5. In the event Washington County should agree to
assume the ownership and maintenance of the within easement as
part of a 60 foot county road, Trustees and Hunziker, their
heirs, executors, administrators and assigns, agree to convey
said property to said County, subject only to the said grantors'
rights to construct and extend an industrial spur railroad track
along and within said 60 foot easement.
6, The option granted Hunziker by Percy L. Brown and
Agnes M. Brown on February 19, 1959, to purchase the aforesaid .
30 foot right-of-way and easement, as later modified by the agree-
ment between Trustees and Hunziker of August 21, 1959, is hereby
canceled and is of no further force and effect.
7. It is agreed between the parties that the granting
of the within easements shall not prohibit either of the parties
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BcioK
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from constructing and extending an industrial spur, railroad
track along and within the boundaries of said easements for the
purpose of serving persons owning the properties adjacent thereto.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals on the day.and year first above writ-
ten.
/ `it„7L/?2.1.
Hunziker
• /
/4 /(/(CZ 4.1.-e
Truste-s
•
STATE OF OREGON )
ss.
County of Multnomah )
BE IT REMEMBERED, that on this . day of September,
1961, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared the within named
EDWARD C. HUNZIKER and BETTY HUNZIKER, husband and wife, known
to me to be the identical individuals described in and who exe-
cuted the within instrument and acknowledged to me that they
executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
agi,xed my official seal the day and year last above written.
•
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•
a :. Notary Public for Oregon
My conuuio:j1o►1 cxjii.t c i
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`
BOOK ., FAGS 4,,]0
'4400' Nall0
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STATE OF OREGON )
) ss.
County of Multnomah
BE IT REMEMBERED, that on this,,.P.?z'y::day of Septem-
ber, 1961, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared the within
named DONALD B. McCORMICK and WILLIAM J. MACY, known to me to
be the identical individuals described in and who executed the
within instrument and acknowledged to me that they executed the
same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
y • Notary Public for Oregon
�,0T'i/��••.G My commission expires . /, 9�/
,• L I G oA
$•-2nd for record`_+_lefi ' 191_
2i'c' T ,C:��BSE:�t,County Clerk
'syr_ _.f,� �� I•—.. / -Deputy ..
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