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98-037414.2 ~ 11170, 11222, & 11228 SW North Dakota Street STAT'" OREGON '61.00, • } SS Coui14441 VVashington I, Jerry R. Hanson, Director of Assess- ment and iaxatibn and Ex-Officio County Clerk for said county,do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk Doc 98037414 . 2 Rect: 206696 48. 00 04/14/1998 09: 37: 53am . Aug& ?,-of `18457)9T0-4c)•• Ref/IA/n.2 4t) ' STATE OF OREGON County of Washington SS i PQN,rr//,.. 7#O 7i I,Jerry ; n�JM' �,j,. of Mae ^�""' c ment and � t�n �" �� o Coy „j J l �( Clerk for (d`• •' .•� • rtly �f Q S Ute `�/ . the with , rt trOce• ` 4al y- cel /� �'} D and re. rder#. - :r•. It- •f 5 97 4_, C.✓J�-�' Cl 7 ;?3 county. • 0 `"R. •e $, JS •Irectc "s tion, . • • • • lark Doc : 97015496. 2 Rect: 181038 02/21/1997 01:50: 30pm **This is being re-recorded to change the legal description of the second owner. this document previously recorded on 2-21-97 as fee no. 97015496.2 I - � RETURN RECORDEI CUMENT TO. ' • r CITY HALL RECORDS DEPARTMENT CITY OF TICARD /)0 13123 SW Hall Blvd. Tigard,OR 97223 D INDIVIDUAL File No. NO CHANGE IN TAX STATEMENT This Easement shall superceed the Easement shown and described on pages 9 and 10 of document #97011558. ENT Public Utility and Sanitary Sewer anastorrm Drainage Easement FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS RESIDENTIAL USE THIS PERPETUAL EASEMENT,made and entered into on this. rphr„rry 14, 1 ao7 19_ between Gina Kelleher, Jud Schaefer And Greaoty Lee hereinafter called the first party. Tom Kenyon hereinafter called the second party, and Tom Kenyon hereinafter called the third party. WITNESSETH WHEREAS, the first party is the owner in fee simple of the following described property in the City of Tigard.County of Washington,State of Oregon,to wit: 11170 SW North Dakota Also Described as Lot 4 Torland Estates Tigard, Or. 97223 And the second is the owner in fee simple of the following described real property in said City.County,and State,to wit: 11222 SW North Dakota Also described as Parcel 7'of Partition Plat Tigard, Or. 97223 1997-018 3 - And the third is the owner in fee simple of the following described real property in said City.County,and State,to wit: 11228 SW North Dakota Also described as Parcel 2 of Partition Plat Tigard, Or. 97223 1997-018 and said three parcels of real estate adjoin each other, 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 all 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 and third parties a perpetual easement for motor vehicle driveway purposes to use in conjunction with any lawful use along and upon that portion of first party's property described as follows,to wit: See Attached SECOND: Second party conveys to the first and third parties 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 Attached THIRD: Third party conveys to the first and second parties a perpetual easement for motor vehicle purposes for use in conjunction with any lawful use along and upon that portion of third party's property described as follows,to wit: See Attached PAGE 1of3 p a •• ,.. • • L FOURTH: It is mutually agreed that each party may use in common with the other parry,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. FIFTH: This agreement should bind and inure to the benefit of',as the circumstance may require,not only the immediate parties hereto,but also to their respective heirs,executors,administrators,and successors in interest as well. SIXTH: (Optional) 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. SEVENTH: (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 parcels as an additional insured in connection with the use of the easement. • EIGHTH: 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 on this,the d j.and year first �%Titten hereinabove. / ., i . , A... . .A 1......1 4 ... 4 4., Fr torsSlgna re Grar,}.y© Srn0.{ure � ::.i. i.' //i Grantor's Signature I l i io .SW Nor+h 00-kaki., Address 419Ord, Of. 472.15 STATE OF OREGON ) ss. County of Washington ) This instrument was acknowledged before me on FEa 2v R Ry I`-I 419 7 (date)b.: Gregor] k Lee (name of person(s)). OFFICIAL SEAL �,f PATRICIA L 0.0528 _ ( k\ .::.'..4 : NOTARY PUBLIC-OREOON GLl •`��� COMMISSION N0.052887 `",:,f ,7„.._ on COMMISSIONExP uAPAl1.mei ,' Notary's Signature My Commission Expires: April , 2000 3 q ....__ 1 PAGE l of 3 It • *• #'aqt s + a s ,c • fir' • 11 IN WITH WHEREOF,the pant. reto have'subscribed this instrument on this,the day and year first written i . .. e. , F • Granto s Sign .re • Grantor's Signature Address STATE OF OREGON ) u. County of Washington ) This instrument was acknowledged before me on B brua I 144i 9 Q 7 m ktrnyon (date)b.� TO (name of person(s)). PATRIC rA eakfEss "14/W.44 �a ,� NO ARY SION -OREOON COMMISSION NO.0629e7 Notary's Signature `..;/ MTWMMImtowsillL4.tIM A •1���������! "�•'''':" �. . My Commission Expires: t pt•i I 4 1 I e:9D0O STATE OF OREGON, POIIM Na.23--ACKNOWLRDOMRN7. SbvMPNM,low PubllshInq Co. Nl U. Portland,OR 97204 O 1992 County of Washington BE IT REMEMBERED,That on this 14th day of February ,19 97 before me, the undersigned,a Notary Public In and for the State of Oregon, personally appeared the within named Jud Schaefer and Gina Kelleher known to me to be the identical individual.,&_ described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IM ESTIMONY WHEREOF,I have her-unto: rfd set mylast hend and affixed • �.0~•, OFFICIAL SEAL my offici• --- ay'eyaaF q e written. •�'�- WYN L HENDRICKS NOTARY PUBLIC-OREGON COMMISSION N0.057971• MY COMMISSION EXPIRES SEP 26,2000 Notary blit for Oregon My commis/11:40%•.76,- s......9.-26-200.0 -5 PAGE I of 3 .11.1JORAMOT1 L^9 DOT e •'. CASWELUHERT, ;URVEYORS, INC. FORMERLY: ' w+' ItLAYNE CASWELL SURVEYOR, INC. REGISTERED LAND SURVEYOR 6120 SR,Lombard Avenue 503/644-3179 Oregon-Washington•Idaho Beaverton,Oregon 97006.4736 ' TelephoneFAX 503/644-3190 Job No. 5669-1 December 2, 1996 LEGAL DESCRIPTION FOR INGRESS-EGRESS AND UTILITY EASEMENT A portion of the vacated S.W. Torland Court, a public right- of-way on the adjoining subdivision "TORLAND ESTATES" (Vacation Doc. No. 97011558) Washington County Deed Records, in the SE 1/4 of Section 34, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington Cou..ty, State of Oregon, being more particularly described as follows: BEGINNING at a 5/8 inch iron rebar with a yellow plastic cap marked "RYDELL PLS 1437" at the Northwest corner of Lot 4 of said "TORLAND ESTATES", thence N00'20'52"W along the West line of said "TORLAND ESTATES" 35.90 feet; thence N88'29'38"E 82.28 feet; thence on a 44.00 foot radius curve left (long chord bears 532'22'32"E 45. 19 feet) an arc distance of 47.46 feet to the North line of Lot 4 of said "TORLAND ESTATES"; thence N89'56'38"W along the North line of said Lot 4 of "TORLAND ESTATES" 106.23 feet to the Point of Beginning. Basis of bearings per "TORLAND ESTATES". CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL Date: 4pvi / 7, IciS2 JERRY R. HANSON, DIRECTOR CMC04/4Department ofi Assessment & Taxation ByK <�� , �Lty OU0' (.0