95-034644.1 ~ 76th Avenue STATE OF OREGON
fSS
IND JIDUAL County' Washington
Woo
I. R,MH neon, Director of Assess-
ment and tTaxation`and'Exti Officio County
Clerk for eaid:counfy,,do hereby certifythat
the withir�rinetrurrient o€w sting was teceived
After Recording Return Copy of Recorded Document to: and recorded in book of j+ecords:of said
City Recorder- City of Tigard county • - {.
13125 S.W. Hall Blvd. -Tigard, OR 97223
•
File No.: MLP 95-0002 •
Jew R'Harlon Edirector of
selOciatOod%Taxation, Ex-
Clerk
Doc : 95034644. 1
NO CHANGE IN TAX STATEMENT Rect.: 143855 28. 00
05/19/1995 12: 19: 07PM
EASEMENT & ROAD MAINTENANCE AGREEMENT
FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS
RESIDENTIAL USE
THIS PERPETUAL EASEMENT, made and entered into on this May 12 , 19 95
between Sam Gotter Development Co. hereinafter called the first party,
and Sam Gotter Development co. hereinafter called the second 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 # 2 of Partition Plat 1995 - 049
And the second is the owner in fee simple of the following described real property in said City, County,
and State, to wit:
Parcel # 1 of Partition Plat 1995 - 049
and said two parcels of real estate adjoin each other, as per Exhibit "A".
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
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 party 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: BEGINNING at the S.W. corner of Parcel 3 of Partition Plat No.
1994-100 Washington County Partition Plat Records; thence on the south line of
said Parcel 3, N89°54'26"E 170.00 feet; thence, leaving said south line, N00°12'14"E
15.00 feet to a point when measured at right angles is 15.00 feet from said south
line; thence 15.00 feet from and parallel with said south line, S89°54'26"W 170.00
feet to the west right of way line of S.W. 76th Ave; thence, on said right of way
line, S00°12'14"W 15.00 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:
N/A
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 vehicle, pedestrians, and uses incidental to any lawful use of the property.
FOURTH: 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.
PAGE 1 of 2
FIFTH: (Optional) The main mce shall be a shared responsibility of tt. es and each of the parties
shall share the cost of maintaining the easement. The obligation to shay aintenance 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 on this, the day and year
first written hereinabove.
Grantor's Signature
/ 2() 96 Sw ,a S'/'SpU / JtGc DI.
Address
i/(?•:4f�j n/2
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on f-//- `7 S' (date) by: cj'�o.,o G, G /V- (2/,<1.
(name of
person(s)).
OFFICIAL SEAL
PAM BENSON
NOTARY PLIZLIC-OREGON Notary'sSignature
COMMISSION NO.031041 Si g� y
MY COMMISSION EXPIRES MAR.14,1998 My Commission Expires: -/y 9 0
IN WITNESS WHEREOF, the parties hereto have subscribed this instrument on this, the day and year first written
hereinabove r
Grantor's Signature •
-(%/6' C ! /,/S" "-r-y j/RD
Address i
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on 7.24- / /yYJ (date) by:
�S�rnccC_ �. Go TTEA2 , .✓rl. tj'
(name of person(s)).
OFFICIAL.SEAL
• i a _ JOHN W.HUL BERT JR, ci/ jvZ
NOTARY PUBLIC-OREGON
"J' COMMISSION NO.015874 4 ( Notary's Signature
MY COMMISSION EXPIRES JUNE 04,1096 /974 p Q��-�`~~-~��1������•��1���1�`1 y Commission Expires: �li//v E , / f f 4
HNINGsDOCWASCERSVOIN r_ACJNIX2 egad,)
PAGE 2 of 2
MMOIMMOMIWNEMMOi
EXHIBIT "A"
.,
LOT 9
BOCK 754 PAGE 344 P N�
N
20' 20' G v
I N.W. CORNER
LOT 3
N 89'54'26' E 330.45' r7
_.._ I f ,_ 310.45' I—
Li.I1
+ r o
Z 1"76151.3
•
b '3 " W _ 46+,�.� \\....7.-:--
05.
pi Q S �g'24 .00' EXISTING SEWER EASEMENT (j)
cr 97.85 -----—c AS RECORDED IN 000. 84003013 F--
C.)
5.15' 3 PARCEL 2 <
m
CO - N AREA 37.482 S.F. O
— PARCEL 1 .0. o ^ 0 ~
z
y o PAR-11110N PLAT ^ ccv� N co oN a W
' 1994-100 W N
V J CO U
F0 5/8' IR ~
o O Q
II ` N 8954'26' E N039C54'40- W cn AP J
N( S 39'4746' E 35.00' PARCEL 1 0.4—N
1 z 11.44' 0.09' \ to W
AREA 14,032 S.F. \ m Li
b I PARCEL 2 3 \\\f 1L'
of PARTITION PLAT ^ o La at U
M 1994-100 iv � •
;,, m n
+ CO f co a n O
25' 25 m m a o
b cn a3 to m Z
o rn 0 r, 2 co z
u' vi S 00'12'14- W d
) 95.00' 75.00' ' 15.00' W LI_
INITIAL POINT, Z
t. 5.00'—' S 89'54'26" W , 170.00' �• 305.98' �.� f ti
I
_ 1 FD 5/8" IR wow / t 310.98' �(- 60
PLASTIC CAP / N 89'54'26' E 330.98' 1
MARKINGS ILLEGIBLE L 15 FOOT PRIVATE ACCESS AND
HE-0 PUBUC U11UTY EASEMENT n
FO 5/5" IR W/RED FOR THE BENEFIT OF vi
PLASTIC CAP SCRIBED PARCEL 1
15808'
S.W. CORNER LOT 3 ND36'49'20�`/
DURHAM ACRES
LOT 1 0.58• 0
FEE NO. 79-43129 / J
P
G R o
N
co
N
O
u'1
m
HELD °f-
FD 1 1/r BRASS DISK
IN 1 I/2 IRON PIPE
SOUTH 1/4 CORNER
SECTION 12
X13
i