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95-051615 ~ North Dakota Street STATE OGO ounty of WashingtonREN J SS 1, JerryOF R. Hanson, l Director of Assess- ment and Taxation 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. After Recording Return Copy of Recorded Document To: City Recorder - City of Tigard 13125 S.W. Hal l Blvd. Jerry R. Hanson, Director of Tigard, OR 97223 -".Assessment Arid Taxation,Ex- Officio County Clerk NO CHANGE IN TAX STATEMENT Doc : 95051615 CORPORATE Rect.: 147801 38. 00 File No. : MLP 95-0001 07/26/1995 12: 28: 39PM EASEMENT FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS RESIDENTIAL USE THIS PERPETUAL EASEMENT, made and entered into on this May 25, 1995 between Royal Oaks Development Co . hereinafter called the first party, Royal Oaks Development Co . hereinafter called the second party, and Royal Oaks Development Co . 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 : Parcel #1 PP#1995-084 And the second is the owner in fee simple of the following described real property in said City, County and State, to wit : Parcel #2 PP+-1995-084 And the third is the owner in fee simple of the following described real property in said City, County , and State, to wit : Parcel #3 PP ;':1995-034 and said three parcels of real estate adjoin each other by abutting TRACT A, a jointly owned property . WHEREAS, the parties desire to grant to each other an easement ana 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 perp:=-tual 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 : /r Page 1 of 4 1%0 444ftwo' BEGINNING at the S.E. corner of that tract of land described in Fee No . 95-027066 Washington County Survey Records ; Thence, on the east line of said tract , N00° 12'00"E 128.23 feet ; Thence, S89°02'40"W 20.00 feet ; Thence, SOO° 12'00"E 10.37 feet to the beginning of a 20.00 foot radius curve to the left ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S44°48'00"W 29.28 feet ) 31 .42 feet to the end thereof; Thence S89°48'00"W 7.50 feet ; Thence SOO° 12'00"E 20.00 feet ; Thence, N89°48'00"E 12.50 feet to the beginning of a 20.00 foot radius curve to the right ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S45° 12'00"E 28.28 feet ) 31 .42 feet to the end thereof; Thence, SOO° 12'00"E 57.80 feet to the south line of said tract ; Thence, on said south line N89°02'40"E 15.00 feet to the POINT OF BEGINNING. 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 : BEGINNING at the S.E. corner of that tract of land described in Fee No . 95-027066 Washington County Survey Records; Thence, on the east line of said tract , NOO° 12'00"E 128.23 feet ; Thence, S89°02'40"W 20.00 feet ; Thence, S00° 12'00"E 10.37 feet to the beginning of a 20.00 foot radius curve to the left ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S44°48'00"W 28.28 feet ) 31 .42 feet to the end thereof ; Thence S89°48'00"W 7.50 feet ; Thence SOO° 12'00"E 20.00 feet ; Thence, N89°48'00"E 12.50 feet to the beginning of a 20.00 foot radius curve to the right ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S45° 12'00"E 28.28 feet ) 31 .42 feet to the end thereof; Thence, SOO° 12'00"E 57.80 feet to the south line of said tract ; Thence, on said south line N89°02'40"E 15.00 feet to the POINT OF BEGINNING. 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 : BEGINNING at the S.E. corner of that tract of land described in Fee No . 95-027066 Washington County Survey Records; Thence, on the east line of said tract , N00° 12'00"E 128 .23 feet ; Thence, S89°02'40"W 20.00 feet ; Thence, S00° 12'00"E 10.37 feet to the beginning of a 20.00 foot radius curve to the left ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S44°48'00"W 28.28 feet ) 31 .42 feet to the end thereof; Thence S89°48'00"W 7.50 feet ; Thence S00° 12'00"E 20.00 feet ; Thence, N89°48'00"E 12.50 feet to the beginning of a 20.00 foot radius curve to the right ; Thence, on said curve, through a central angle of 90°00'00" (which chord bears S45° 12'00"E 28 .28 Page 2 of 4 feet ) 31 .42 feet to the end thereof; Thence, SOO° 12'00"E 57.80 feet to the south line of said tract ; Thence, on said south line N89°02'40"E 15.00 feet to the POINT OF BEGINNING. FOURTH: 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. FIFTH: This agreement should bind and inure to the benefit of, as circumstance may require, not only the immediate parties hereto , but also to their respective heirs, executors, administrators, and successors in interest as well . SIXTH: 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: In construing the foregoing agreement , the plural shall mean and include the singular whenever the context so requires. IN WITNESS WHEREOF, I hereunto set my hand on this a..5 day of l919T5 Royal Oaks Development Co . 4�i L-��/jj kt41 12096 S W Aspen Ridge Drive Samuel A. Gotter , III Tigard , OR 97224 President STATE OF OREGON )ss. County of Washington) This instrument was acknowledged before me on 'Ina-4." . 5 /”S- , by Samuel A. Batter , III as President of Royal Oaks D veloment Co . iotary's ignaturr y commission ex i ps: OFFICIAL SEAL :< ► ,7MINIFER L JA`!SSEN RYPUBLIC-OREGON ;,�.iv1MISSIONI NO.C26498 MY COMMISSION EXPIRES JULY 27,1997 Page 3 of 4 3 ... IN WITNESS WHEREOF, I hereunto set my hand on this day of , 1911. Roya Oaks Development Co . 6?"- 12096 S W Aspen Ridge Drive Samuel A. Gotter , III Tigard , OR 97224 President STATE OF OREGON ) )ss. County of Washington) This instrument was acknowledged before me on . 5-10/5- by Samuel A. Gotter , III as President of Royal Oaks bevelpment C o . !"-i ',. OFFICIAL SEAL "7,1:, JENNIFER L JANSSEN . NOTARY PUBUC-OREGON . i���:. Li ,.��„".1.�,I_� `;;., COMMISSION NO.028498 NVgtary's : ignatur - MYCOMMISSION EXPIRES JULY 27,1997 .N ly commission ex• i rr e s: 77).27-q17 IN WITNESS WHEREOF, I hereunto set my hand on this a{!.5 day of AA , 19 S. Royal Oaks Development Co . 041,4...... ;Zgan,a2r1. 12096 S W Aspen Ridge Drive Samuel A. Gotter , III Tigard, OR 97224 President STATE OF OREGON ) )ss. County of Washington) /This instrument was acknowledged before me on �CLt� ?6-75— by Samuel A. Gotter , III as President of Royal Oaksevel pment Co . _ Nd ary's Si nature /11' commission expir ( s: 7"337-? 7 L., ... OFFICIAL SEAL k�'3;'' JENNIFER L JANSSEN ; NOTARY PUBLIC-OREGON COMMISSION NO.028498 MY COMMISSION EXPIRES JULY 27,1997 Page 4 of 4 2-*/Els rX 'r t is 1 i A � a *soo 4440; EXHIBIT A A TRACT OF LAND IN THE D.C. GRAHAM D.L.C. NO. 52 IN THE N.E. 1/4 OF SECTION 35, T.1S., RAW., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INITIAL POINT, SAID POINT BEING A 5/8 INCH IRON ROD MARKING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN FEE NO. 95027066, WASHINGTON COUNTY DEED RECORDS, SAID POINT BEING N 89 34'42"E 2335.35 FEET FROM A 3-1/4 INCH ALUMINUM DISK IN A MONUMENT BOX MARKING THE SOUTHWEST CORNER OF THE D.C. GRAHAM D.L.C. NO. 52, SAID INITIAL POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF SOUTHWEST NORTH DAKOTA STREET; THENCE, ON THE WEST LINE OF SAID TRACT,N 00 12'00" W 247.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE, ON THE NORTH LINE OF SAID TRACT, THROUGH THE FOLLOWING BEARINGS AND DISTANCES NORTH 88 57'30"E 11.00 FEET,N76 29'36"E 27.71 FEET N 88 57'30"E 62.04 FEET TO THE NORTHEAST CORNER THEREOF; THENCE, ON THE EAST LINE OF SAID TRACT, S 00 12'00" E 253.14 FEET TO THE SOUTHEAST CORNER - THEREOF(ALSO ON SAID NORTH RIGHT OF WAY LINE); THENCE, ON THE SOUTH LINE OF SAID TRACT,N 89 02'40" W 100.01 FEET TO THE POINT OF BEGINNING AND SAID INITIAL POINT. SAID TRACT OF LAND CONTAINS 25,160 SQUARE FEET MORE OR LESS. . - EXHIBIT B . • • - 2 WQT LAO 47a9jQ p • OffI.O4hC , . O NAV . • I Y „AI -..fir•1.' 0 1 7.5004 V ' PARCILtt3 • TL %LID O o I.5iSrOR” t` LAStm ENT. Y IS. - in • 0- -. I. ,H J oM IS A .°°, PrRCELY+-A. _. - ;L • t9' .. - • ` .TL. SI SOO ' •;700 . 02 j- u m • 75004 . �<6' • • PARCLL4S I . '1 f c Eo • EL.I O _ ___ 8S 1. t, . • z NORTH DAROTA STREET _ • ROYAL- OAKS DEA. CO. SCALE: I:SO APPROVED BY: DRAWN BY ,� DATE: REVISED aS1 --35og-rL 8600 . • . WASHI+ic-rO,) coowry, TICARD, OR. • . - DRAWING NUMBER _. I