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2017-042980 ~ 792 SW Hunziker Road ' RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT Washington County,Oregon 2017-042980 CITY OF TIGARD U-E 05/31/2017 10:48:14 AM 13125 SYS Hall Blvd. Stn=0 Y LOPEZ Tigard,OR 07223 $20.00$11.00$5.00$20.00 $56.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex- COR€ ORATIONOfficio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio EASEMENT SANITARY SEWER PERMANENT Space above reserved for Washington County Recording Information Meritage Five, LLC, an Oregon limited liability company, hereinafter called the Grantor, grants and conveys unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in the attached Exhibit"A"situated in the City of Tigard,Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is Seventeen Thousand Three Hundred and No11100 Dollars ($17,300.00L However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantor from the full use and dominion thereover; provided, however,that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees within a reasonable time after construction or maintenance of said sanitary sewer facility, to replace and restore as nearly as practicable,the surface of the described real property to as good or better condition as existed prior to construction of said facility. Grantee also agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantor, their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this i"f day of Fka.6 ,. , 2017. Meritage Five LLC Name of Corporation Si na'e 790.. 5 A/un zip- ,e/? Ate d . • -_= Address —7-79 Ie l ,7R ii7Z43 STATE OF OREGON ss. COUNTY OF WASHINGTON ) 1 This instrumentwa acknowledged before nne on this ,ff - day of -e fes' Ve . �' , 2017 by . 1' t- ^ ,d as 1/44' of Montage Five, LL an Oregon limit-• liability company. Notary's Signature FS6 3r40 MyCommission Expires: /e " - sROBERT DAVID FEINAUER ux• NOTARY PUBLIC-OREGON CO's MISSION NO,940064 MY COMMi8SMON EXPIRES JUNE 15,2019 ' RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 CORPORATION EASEMENT SANITARY SEWER-PERMANENT Space above reserved for Washington County Recording Information Meritage Five, LLC, an Oregon limited liability company, hereinafter called the Grantor, grants and conveys unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in the attached Exhibit"A"situated in the City of Tigard,Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is Seventeen Thousand Three Hundred and No/100 Dollars ($17,300.00)_ However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantor from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees within a reasonable time after construction or maintenance of said sanitary sewer facility, to replace and restore as nearly as practicable, the surface of the described real property to as good or better condition as existed prior to construction of said facility. Grantee also agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantor, their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, itss successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this 2'/ day of ,2017. Meritage Five, LLC Name of Corporation Si na re 792 SGv hh zi*. R 1604 ;.7e27 /4 ----p Address -7-?GAvi//d/� 97z 3 STATE OF OREGON ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before mew on this C�s= day of �6 raa �'y , 2017 by cA-/LOgGra k /1L-Nadi d as /1449 i� of Meritage Five, LLC, an Oregon limited liability company. pa 4,74n 42671;4/- Notary's Signature 40410-, OFFICIAL STAMP //S/0-0, c, ROBERT DAVID FEINAUER My Commission Expires: NOTARY PUBLIC-OREGON COMMISSION NO.940064 MY COMMISSION EXPIRES JUNE 15,2019 x ' RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Accepted on behalf of the City of Tigard this 3/-* day of MOLA, , 2017. NO CHANGE IN TAX STATEMENT y Engineer Permanent Sewer Easement. Tax Lot 400 EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CA-400 July 6,2016 Page 1 of 1 Owner:Meritage Five, LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY, OREGON AND BEING A PORTION OF PARCEL 1 PARTITION PLAT 2007-064,WASHINGTON COUNTY PLAT RECORDS ALSO BEING THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-079076, WASHINGTON COUNTY DEED RECORDS,SAID TRACT OF LAND BEING A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. PARCEL-1(Permanent Sanitary Sewer Easement) STATION TO STATION 9+50.00 16+50.00 THE SIDE LINES OF SAID 15 FOOT PERMANENT SANITARY SEWER EASEMENT TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID PARCEL 1 PARTITION PLAT 2007-064. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE IS DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-105450 AND 95025009, WASHINGTON COUNTY DEED RECORDS AND ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY, BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75.26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. REGISTERED CONTAINING 9,855 SQUARE FEET, MORE OR LESS. PROFESSIONAL PREPARED BY CESNW, INC D SURVEYOR L.kfLA- OREGON MAY 21, 2013 PAUL A. KOHN 58964PL5 j RENEWS: 6/30/17 -.,,:,. L i REGISTERED \ PROFESSIONAL \ (,.. -----LAND RVEYOR 16+55.63 N71°2A . Y2.,.)________, 48.96' 48.96' OREGON / \ MAY 21, 2013 // / PAUL A. KOHN // 16+00 58964PLS I / RENEWS: 6/30/17 / 251010600100 //// 15+00 DOC. NO. 2001-029042 / / LEGEND: • FOUND SURVEY MONUMENT /j PARCEL 1 /1 14+00 / / / 2S101CA00400 / P.P. 2007-064 PARCEL-1 / 13+00 DOCUMENT NO. / 2012-079076 //// / N31°06'27"E 518.33' 11+37.30 / I (ANGLE POINT) / // / 12+00 2S1O10600200 O CENTERLINE 15'WIDE DOC. NO.95025009 O1O / / SEWERNENT EASEMENT GPO SANITARY // / Off' / 'Lys / /// / 11+00 / / TEMPORARY CONSTRUCTION EASEMENT \\ \ / \ /// / N28°35'14"E \ \N / 10+00 \\\\ / . � / / / 9+03.52 POINT 'D' 25101CA00600 �i / 25101CA00500 P.P. 2007-064 /7 _// P.P. 2007-064 TRACT'A' JJtt77 / PARCEL-2 DOCUMENT NO. 2011-023482 1 II 100 50 0 100 DATE IC E S tT1v4T 13190 SW 68th Parkway,Suite 150 MERITAGE FIVE LLC 7/06/16 Tigard, Oregon 97223 2S101CA00400 503.968.6655 www.cesnw.com EXHIBIT'B'