91-020995 ~ 95th Avenue ~ Darmel Court V CORPORATION Page 1 of 2
• AGREEMENT FOR PERPETUAL EASEMENT 91020995
For Motor Vehicle Driveway on Adjoining Parcels
Residential Use Washington County
THIS PERPETUAL EASEMENT, made and entered into this January 23
19 91 between BEACON HOMES, INC. & KURT H. DALBEY hereinafter
called the first party, and BEACON HOMES, INC.
hereinafter called the second party,
WITNESSETH
WHEREAS, the first party is the owner in fee simple of the following
described real property in the City of Tigard, County of Washington, State of
Oregon, to wit:
BEACON HOMES, INC. , as to Parcel 1, PARTITION PLAT NO. 1990-038, Washington
County Plat Records.
KURT H. DALBEY, as to Lot 15, DARMEL PLAT NO. 2, in the City of Tigard,
Washington County, Oregon
and the second party is the owner in fee simple of the following described
real property in the said City, county and state, to wit:
See Exhibit "A" attached for legal description
three
and said t parcels of real estate adjoin each other; and
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 bmt/of the parcels in conjunction with any lawful use.
all
NOW, THEREFORE, in consideration of each party's granting to the other an
easement hereinafter described, and other valuable consideration eacFi 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 for use in conjunction with any lawful use along and
upon that portion of first party's property described as follows: to wit:
See Exhibits "B" and "C" attached
SECOND: Second party conveys to the first part: 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:
THIRD: It is mutually agreed that each party may use in common with the other
Harty, 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.
RETURN RECORDED DOCUMENT TO: -5
CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
i
W11W
CORPORATION Page 2 of 2
FOURTH: This agreement should bind and inure to the benefit of, as the
circumstances may require, not only the immediate parties hereto, but also to
their respective heirs, executors, administrators and successors in interest
as well.
FIFTH: i(•9opL4 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.
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 undersigned corporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors.
BEACON HOMES, INC.
Name of Corporation
Pres dent & In• 'v• sually,
•
S cretary
STATE OF OREGON )
) ss.
COUNTY OF WASHINGTON) January 23 , 19 91
Personally appeared Kurt H. Dalbey and Peter A. Kusyk
who, each being first duly sworn, did say that the
former is the President president and that the latter
is the 'fi to fi t@ry of BEACON HOMES, INC. , a corporation, and that
the ..ani e.1 to the foregoing instrument is the corporate seal of said
corn zration aid `,A that said instrument was signed and sealed in behalf of said
corPorAt161V:authority of its board of directors; and each of them
acknowledged said instrument to be its voluntary act and deed.
TE3TTMDr WHEREOF, I have hereunto set T. hand ,nnd s . s 23r day
of
_<AV/
Notary Public for Iregon
(NOTARIAL SEAL) ommission Expires: 5/31/93
Z
STATE OF OREGON, )
ss.
County of Washington )
BE IT REMEMBERED, That on this 23rd day of January 1991
before me, the undersigned, a Notary Public in and for said County and State,
personally appeared the within named KURT H. DALBEY
known to me to be the identical individual described in and who executed the
within instrument and acknowledged to me that HE 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.
da7, z
Notary Public for Oregon
commission expires: 5-31-93
3
•
JA - - j - 91 TUE 1 35 ALPHA ENG I NEEM NG P . 03
iy;
EXHIBIT "A"
.r ALPHA ENGINEERING , INC .
ENGINEERING • DEVELOPMENT SERVICES • SURVEYING
DECEMBER 20, 1990
LEGAL DESCRIPTION FOR
96TH AVENUE MLP JOB NO. 141-009
A PARCEL OF LAND LOCATED IN THE SOUTHWEST. ONE-QUARTER OF SECTION
11 , TOWNSHIP 2 SOUTN , RANGE 1 WEST , WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON AND MORE PARTICULARLY DESCRIBED AS FOL-
LOWS :
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF THE PARTITION
PLAT NO. 1990-038, SAID POINT ALSO BEING THE NORTHEAST CORNER OF
LOT 14 OF THE PLAT OF "DARMEL" ; THENCE N 00 17 ' 12" E, ALONG
THE EASTERLY LINE OF "DARMEL - PLAT 2" , A DISTANCE OF 59.78 FEET
TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND BELONGING TO
SCHOOL DISTRICT NO . 23 , AS PER BOOK 536 , PAGE 38 , WASHINGTON
COUNTY RECORDS: THENCE N 89 32 ' 16" E, ALONG THE SOUTHERLY LINE
OF SAID SCHOOL DISTRICT PARCEL , A DISTANCE OF 164 . 19 FEET;
THENCE S 0 04' 60" E, ALONG THE WESTERLY LINE OF THAT PARCEL OF
LAND RECORDED IN BOOK 380, PAGE 338, A DISTANCE OF 111 . 36 FEET;
THENCE S 89 42 ' 41" W, ALONG THE NORTHERLY LINE OF THAT PARCEL
OF LAND RECORDED IN BOOK 252, PAGE 17, A DISTANCE OF 164 .90 FEET;
THENCE N 00 17 ' 12" E, ALONG THE EASTERLY LINE OF PARCEL 1 OF
THE PARTITION PLAT NO. 1990-038 , A DISTANCE OF 49.08 FEET TO THE
POINT OF BEGINNING. CONTAINING APPROXIMATELY 18 , 282 SQUARE FEET
OR 0 . 42 ACRES.
REGMERED
AAO E,
PROFC VO/E R>i O1AL
OREGON
MICHAEL R.GATES
, 2449a
41
SUITE 19 • 1750 S.W.SKYLINE BLVD. • PORTLAND.OREGON 97221 • (503)297-1458
Aitero' 4401
EXHIBIT "B"
A 12 . 50 FOOT WIDE EASEMENT FOR MOTOR VEHICLE (DRIVEWAY) INGRESS AND
EGRESS PURPOSES OVER A STRIP OF LAND LOCATED IN THE SOUTHWEST ONE-
QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF
OREGON, BEING ALSO A PORTION OF PARCEL 1, PARTITION PLAT NO.
1990-038, A PLAT OF RECORD, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE NORTH 12 .50 FEET OF PARCEL 1, PARTITION PLAT NO. 1990-038,
WASHINGTON COUNTY PLAT RECORDS .
EXHIBIT "C"
A 12 .50 FOOT WIDE EASEMENT FOR MOTOR VEHICLE (DRIVEWAY) INGRESS AND
EGRESS PURPOSES OVER A STRIP OF LAND LOCATED IN THE SOUTHWEST ONE-
QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF
OREGON, BEING ALSO A PORTION OF LOT 15, DARMEL - PLAT 2, A PLAT OF
RECORD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
THE SOUTH 12 . 50 FEET OF LOT 15, DARMEL - PLAT 2 , WASHINGTON COUNTY
PLAT RECORDS .
STATE OF OREGON
dj/exh-b-c.JH } SS
County of Washington
I,Jerry R. Hanson,.,Qire, r of Assessment
and Taxation andrEX-Officio, rder of Con
veyances for silild county,do Sere ertify that
the within j trument of,writing:yva' erteceived
and record9r`1 in book of records of+sai bounty.
Jerry R. Hanson, Iljr,. or of
Assessment andTakattin, Ex-
Officio County Clerk +�
5 Doc : 91020995
Rect.: 53268 33 . 00
04/26/1991 03: 33: 26PM