96-112131.1 & 96-102498 ~ 12540 #B SW 68th Parkway ~ Frankiln Street 111111121.111.1.11111.11.11.011111.11r-411.1.111111...1.11.11*
t --
time
,, STATF OREGON
� County of Washington SS
I, Jerry R.` Ianson,•Diror of Assess-
ment and Taxation_and"Ex=Officio County
Clerk for said=couiity,;djereby`certify that
the within instruuteaofaiting was received
• and reczorded.*WiltS5r2cecordi of said
county. + ^ter
Jerry arson/Director of
'';As'sessnient andTaxation, Ex-
Officio County Clerk
Doc : 96112131. 1
Rect: 177271 43. 00
12/18/1996 10: 40: 50am
I � �
• '111111111
• •
r.r
IMO
V
RETURN RECORDED DOCUMENT TO:
4 CITY HAIL RECORDS DEPARTMENT
CITY OF TIGARD
13I25 fM Hal SM.
Tigard,Or.97213
NO CHANGE IN TAX STATEMENT ***THIS DOCUMENT IS BEING RE—RECORDED TO ADD A
MAP OF THE EASEMENT***
EASEMENT FOR UTILITY AND�DRIVEWAY
cASc� C `��'
FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS COMMERCIAL USE
Date: Z,. /.3 , 19% Grantors: R&W Partners
12540 SW 68th Prkwy#B
• - Tigard, Or. 97223
Jacob T. Roth,Jr. and Theresa A. Roth
12540 SW 68th Prkwy#B
Tigard, Or. 97223
m 1 RECITALS
WHEREAS, Grantor R&W Partners is seized of an estate in fee simple
g of a parcel of land described as:
ct Lots 33 and 34, Block 29. West Portland Heights, City of Tigard, County of
Washington Co., State of Oregon.
WHEREAS, Grantor Jacob T. Roth,Jr. and Theresa A. Roth is seized of
g an estate in fee simple of a parcel of land described as:
Lots 35 and 36. Block 29, West Portland Heights, City of Tigard, County of
Washington Co., State of Oregon.
and said two parcels of real estate adjoin each other.
WHEREAS,the parties to this Agreement desire to create a common
• driveway and utility easement described below on Lots 34 and 35 for the benefit of the
public for driveway purposes and the appropriate utilities to install, operate, maintain,
replace and change, in size, any of the utilities or pipelines below ground and related
equipment upon the easement described below for the benefit of Lots 1, 2,3,4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 33, 34, 35, and 36 of Block 29, West Portland Heights,
County of Washington, State of Oregon.
GRANT OF EASEMENT
Grantors hereby grant and convey from the date of the conveyance an
easement for a common driveway in favor of each of the parties to this Agreement over
the other parties above described real estate for the benefit of the Grantor in favor of the
Grantor in the other parties described property, together with an easement to the
appropriate utilities for utility lines and pipe purposes over and across the property owned
by Grantors described above, the easement being described as follows:
Easement For Utility and Driveway Pagel
• 141110e
RECIPROCAL ACCESS EASEMENT
A parcel of land in Block 29, West Portland Heights,a duly recorded plat
recorded in Book 1, Page 56, Washington County Plat Records, said parcel lying in the
N.E. 1/4 of Section 1,T.2S., R.1 W., W.M., City of Tigard, Washington County, Oregon,
more particularly described as follows:
BEGINNING at a point on the west line of Lot 34, Block 29, West Portland Heights that
• is N89%56' 33"E 100.00 feet and S00%00' 23" E 161.84 feet from the N.W. corner of
Lot 1, Block 29, West Portland Heights, said beginning point lying 12.00 feet south of the a
north line of said Lot 34 when measured at right angles;thence, 12.00 feet south of and
parallel with said north line N89%57' 04"E 100.02 feet to the west right of way
line of S.W. 68th Avenue;thence,N00%00' 41"W 24.00 feet on said right of way line to
a point on the east line of Lot 35,Block 29, West Portland Heights that, when measured
at right angles, is 12.00 feet north of the north line of said Lot 34, Block 29;thence,
leaving said right of way line, 12.00 feet north of and parallel with said north line,
S89%57' 04"W 100.02 feet to the west line of said Lot 35;thence, S00%00' 23"E
24.00 feet on said west line and the west line of said Lot 34 to the POINT OF
BEGINNING.
Said easement contains 2,400 square feet more or less.
Subject to easements of record.
"DRIVEWAY PURPOSES" DEFINED
Driveway purposes as used in this easement means that all vehicles shall
use or travel across the right-of-way described above for purposes of ingress end egress
of motor vehicles, pedestrians, and uses incidental to any lawful use of the property.
"UTILITY EASEMENT" DEFINED
Utility easement is defined as an easement to install, operate, maintain,
replace and change in size of any utilities or pipelines below ground and related equipment
upon the described easement property.
MAINTENANCE
The easement described above shall be maintained in good repair by the
parties to this Agreement.
EASEMENT TO RUN WITH LAND
This easement is superior and paramount to the rights of any of the parties
hereto in their respective servient estate so created and the parties further agree that it is a
covenant that shall run with the land.
Easement For Utility and Driveway Page2
t
Ilme
. . . . may.
IN WITNESS WHEREOF the parties have executed this Agreement the
date and year above written. —
GRANTOR: ,/
By:-a XS ! • • .
' enneth Wa R& /artners
#AA, .D11.1,A.c.xag-,_ 0,..el:AL)
•ac•b T. Roth, . Theresa A. Roth
U
STATE OF OREGON,
f , ', ' ) ss.
County of t�..t� �}, ) o�o -
Dated 1.3-"qday of ao l mbt V V. 199 1Q ��
Personally appeared the within ,-•• . ' TH 'A I ' (' .• P; . rs)and
acknowledges the foregoing ' nt • 0 1 t.�'• •� /
Before : / k .
otary Public f reg
My commission expires:c9-Ag-Cj 7
OFFICIAL SEAL
STATE OF OREGON, ) _ LINDA L MC GETTIGAN
NOTARY PUBLIC-OREGON
) SS. COMMISSION NO.021847
County of I. Al , ) MY COMMISSION EXPIRES FEB.28,1997
w I
Ce
Dated this day of QDUettl&r, 199 f
Personally appeared the within named J OB T TH, JR. and a wledges the
foregoing instrument to be his v t c dee` . 44,
'
Before: \l
tary Public or Or g
My commission expires: 4 7
OFFICIAL SEAL
STATE OF OREGON, ) Cil-: LINDALMCOQAN
NOTARY PUBLIC-OREGON
s . COMMISSION NO.021847
County of ) ; MY COMMISSION EXPIRES FEB.2e.1997 ft—
Dat
�L T
Dat d this iJ Oay of J VU OV1t4.�C V , 199 •
Personally appeared the within : d THERESA 'OTH and-ackno ledges the
foregoing instrument to be his o • . c/: 4. • '� .&•
Before: ` ..I/I 4fi , r
otary Public • Oregon
My commission expires: '
.~• OFFICIAL SEAL P
Easement For Utilityand Driveway '
y ,�"_-. NOTARY PUBLIC-OREGON
Page3
-...- COMMISSION NO.0218414
MY COMMISSION EXPIRES FEB.241997
ti-- I'D 3/4" U \j
NW'' I
I
_i` 1.I�
:; NIS S. W. FRANKLIN STREET
_____
13 °
I 1`�.. oim 260.00'
(260.001-(1)) i
o!
z N 80'56'33" E (780.00'(1)) b 71
:� f 200.01 ' 200.00' 1 )
______,-------.7. 100,00 (100.00 (1)) --/ -• 100.01 ' (100.00'(1))
IP f^ I ( ADJUSTED •<t j I N 89'56
•RNER LINE I �, °� 11 30.0
BLOCK 29 n ( y?
OR TLAN D I .-
o TRACT 1 0 I TRACT 2 8
AREA=9989 S.F. o . AREA=14,986 S.F. o I
s ► 00 1 I
FEE NOn
00) in FEE NO. 94 -107763 b ,
. 84-45985
a; I
�� I I I
2 3 f 4 g ,, 6 7 8rn
100.01 ' (100.00'(1)) t F..-N_ _1_ai I-
N 8956 54 E .- 8
o0 3� 30'
.
9 ^- irk 0 36 .^.-j zt
rn o -- EXISTING _0
vrn
000' FEE NO. 90-23217 d Z —LINE' c 8ci Nt. S
.. I .moi 10 ) , CJ
0o ^ - / 100. 0 1 04744.� v : Wr s 7 0� El0
o $ 11 0
- - ~ 1
z 12 33 Q
_ FEE NO, 90-01500
m to
• -
. o
. fi
4 -
Orn FEE NO. 89-13519 0 'A
(n
0
m - -- r)-() CVI
0 o G� w
o
n •
a to
Z 0
ST •OF OREGON
ColMey of Washington } SS
I, Jerry� Qir "eoto of Assess-
ment and- n_ant�,,,L'So-'0 io County
Clerk focsai4C...1. , .• dertify that
the with in$fruc -•,, liras"received
and re ri ed:4kt~-.T�r' • os;of said
count z i ' yrd
„1•:f1 �r
JAY W9anson erector of
"� ssaiont` Taxation, Ex-
Ot Clerk
Doc : 96102498. 1
Rect: 175517 33 . 00
11/15/1996 11 : 42: 55am
I
•
tt )
RECEIVED
JAN 15 1997
COMMUNITY DEVELOPMENT
I
V"
err" 'w:0°
RETURN RECORDED DOCUMENT TO:
4 CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD
13123 SW Hall Blvd
Tigard,Or.97223
NO CHANGE IN TAX STATEMENT
EASEMENT FOR UTILITY AND DRIVEWAY
FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS COMMERCIAL USE
Date: L,. 3 , 19 % Grantors: R&W Partners
12540 SW 68th Prkwy#B
Tigard. Or. 97223
Jacob T. Roth, Jr. and Theresa A. Roth
12540 SW 68th Prkwy#B
Tigard, Or. 97223
> RECITALS
PWHEREAS, Grantor R&W Partners is seized of an estate in fee simple
o of a parcel of land described as:
m Lots 33 and 34, Block 29, West Portland Heights, City of Tigard, County of
Washington Co., State of Oregon.
WHEREAS, Grantor Jacob T. Roth, Jr. and Theresa A. Roth is seized of
e.
z an estate in fee simple of a parcel of land described as:
Lots 35 and 36, Block 29, West Portland Heights, City of Tigard, County of
Washington Co., State of Oregon.
and said two parcels of real estate adjoin each other.
WHEREAS,the parties to this Agreement desire to create a common
driveway and utility easement described below on Lots 34 and 35 for the benefit of the
public for driveway purposes and the appropriate utilities to install, operate, maintain,
replace and change, in size, any of the utilities or pipelines below ground and related
equipment upon the easement described below for the benefit of Lots 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 33, 34, 35, and 36 of Block 29, West Portland Heights,
County of Washington, State of Oregon.
GRANT OF EASEMENT
Grantors hereby grant and convey from the date of the conveyance an
easement for a common driveway in favor of each of the parties to this Agreement over
the other parties above described real estate for the benefit of the Grantor in favor of the
Grantor in the other parties described property, together with an easement to the
appropriate utilities for utility lines and pipe purposes over and across the property owned
by Grantors described above,the easement being described as follows:
Easement For Utility and Driveway Page 1
St
RECIPROCAL ACCESS EASEMENT -
A parcel of land in Block 29, West Portland Heights, a duly recorded plat
recorded in Book 1, Page 56, Washington County Plat Records, said parcel lying in the
N.E. 1/4 of Section 1,T.2S., R.1 W., W.M., City of Tigard, Washington County, Oregon,
more particularly described as follows:
BEGINNING at a point on the west line of Lot 34, Block 29, West Portland Heights that
is N89%56' 33"E 100.00 feet and S00%00' 23" E 161.84 feet from the N.W. corner of
Lot 1, Block 29, West Portland Heights, said beginning point lying 12.00 feet south of the
north line of said Lot 34 when measured at right angles;thence, 12.00 feet south of and
parallel with said north line N89%57' 04"E 100.02 feet to the west right of way
line of S.W. 68th Avenue;thence,N00%00' 41"W 24.00 feet on said right of way line to
a point on the east line of Lot 35, Block 29, West Portland Heights that, when measured
at right angles, is 12.00 feet north of the north line of said Lot 34, Block 29; thence,
leaving said right of way line, 12.00 feet north of and parallel with said north line,
S89%57' 04"W 100.02 feet to the west line of said Lot 35;thence, S00%00' 23"E
24.00 feet on said west line and the west line of said Lot 34 to the POINT OF
BEGINNING.
Said easement contains 2,400 square feet more or less.
Subject to easements of record.
"DRIVEWAY PURPOSES" DEFINED
Driveway purposes as used in this easement means that all vehicles shall
use or travel across the right-of-way described above for purposes of ingress and egress
of motor vehicles, pedestrians, and uses incidental to any lawful use of the property.
"UTILITY EASEMENT" DEFINED
Utility easement is defined as an easement to install, operate, maintain,
replace and change in size of any utilities or pipelines below ground and related equipment
upon the described easement property.
MAINTENANCE
The easement described above shall be maintained in good repair by the
parties to this Agreement.
EASEMENT TO RUN WITH LAND
This easement is superior and paramount to the rights of any of the parties
hereto in their respective servient estate so created and the parties further agree that it is a
covenant that shall run with the land.
Easement For Utility and Driveway Page2
.3
r
IN WITNESS WHEREOF the parties have executed this Agreement the
date and year above written.
GRANTOR:
By:-.4i , ,. .tie i ' v—._Q__,
Kenneth Waymir- - R&W 'artners
#A EI 1 .D4A.ttA.Q.AQA, 0...ebkl..i
ac.b T. Roth, . Theresa A. Roth
STATE OF OREGON, )
) ss.
County of a► ,i . )
Dated . 1.31:1—day of l 3b L4 6\be Y, 1999 ii, 7F r
Personally appeared the within . d lir TH 'A is. • :.4 PI. .. - ) and
acknowledges the foregoing ' siiinto a • <.. a?,/ # , f w f
i
otary Public f•• 2 eg•
My commission expires:a-4g-Ci 7
,le%. OFFICIAL SEAL
STATE OF OREGON, ) LINDA L MC GETTIGAN
NOTARY PUBLIC.OREGON
• ) ss. -.6-..- COMMISSION NO.021847
County of l oaf , ) MY COMMISSION EXPIRES FEB.28.1997
IP ./` te
Dated this r day of k.)0Uadae Y, 199
Personally appeared the within named JACOB T ' f TH, JR and • ..•wledges the
foregoing instrument to be his v: •• . • ia -. • - . ,
/
Before: &ff. AN . ,
'1Wtary Public or Or-g•��
My commission expires:-dam- 7
i CFFICIAL SEAL
STATE OF OREGON, ) :` ' LINDA L MC GETTIGAN
��-
t 1 � NOTARY PUBLIC-OREGON
) sa COMMISSION NO.021847
County of l )� ) ; MY COMMISSION EXPIRES FEB.28,1997,
"�L p / t
Dat d this I-5 day of I Vlr1,be V , 199;1
R—
Personally appeared the within .. .,-d THERESA , ROTH and-acknowledges the
foregoing instrument to be his o u.taiy : .. •eed ` " n !
Before: ,41 / J#!
otary Public • Oregon
My commission expires: 7
�'�• OFFICIAL SEAL
Easement For Utility and Driveway17(;.4..:.„- .. LINDA L.MC GETMAN Page3
lk � NOTARY PUBLIC-OREGON
COMMISSION NO.0�21847
MY COMMISSION EXPIRES FEB.28,1997