87-046933
870469
ACRE:°E:Mi»N'I" FOR PERPETUA. C. STORM' ',DRAIN EASEMENT
yv` For Joi3nt: Use and Maintenance
Residential Use
THI>S NtrRPEI`l1AI LASEMGIUT, made and entered , into this 3rd;_.day of AUCTUSt,
1987 'betwee'n TL
Ciirp., an Orion _Curp. r i:ion;, hereinafter, called 'thie .Irst
q3 2
:party,,and RICHARD..O, FIMMEL, .hereinafter cal 1.6d the second party,
":WITNESSE'IH
WHEREAS:; the first party is 'the' owner "in fee' 'simple of the hallowing;
described real property in 'the "City of -Tigard, County of `Washington, State of
Oregon, to.Wia
E-AST 1/2 OF LOT 70; DURHAM ACRES
and the second party is the owner in fle0 s itple of the f-611 swing di~scr _ibed.
re'F-Al, per-,y in 'the: sa•icl City„ County, and State,: 'to. -wit-:
WEST 1/2 OF LOT 70, DURHAM ACRES
and said i>wo parcels of real' e,s'tate adj:oin :each other; and
WH1 R` Athe first party d'e:si;res to grant. to the second ,party an easement ,
` constructed
and rirht i:u use i:he, descr~ibod storm drain i'ac;:xl ii:y n0W or to be. co
al-on,g and upon a, portion of one of the: parcels in conjunction with. 'any lawful
use.
NOW, FIRST: Iri cons;jdura,i ipn. of ;each party's d'esire.," :mutual benefit, and
uthtr valuable'. cons;id~rat"io.n Pach• to the other in :hand' paid, recd-pt _Of'
c.nsideration is hereby acknowledged"
sECONO: First party, conveys tci second party a parpetual easeryient foi^ storib
drai'rnage purposes for us,e in- comyunction with any. lawful u.se along and upon
that pgrtion of first party"s prpper•iy described -as to wit:
THE WEST TWENTY FEET' ~OF THE 'NORTH FORTY FEET OF THE EAST 1/2 OF LOT' 70,
DURHAM ACRES.
THIRD;: ?t mu.tiaa.lly ag-ec4 that each party nay use in common wI`th the Ather
party the whole of said storm drA,knage easement.
` OURTFi. This agreement s,hourld bind and iriu;r`•e, to;' the ben t"t of, as the
cirtumstance;s: -may requ ~rer, not. only the -immedri'ate parti:e.s hcrc'to,,. but "1,so to
heir respee:tiva, hieirrs, xecutnrs, admini,straturs; and successors in, i.ntEZrest
as well.
FIFTH'.:: The ntaintarianc'e 5hal.l, be shared: r`espcinsibil,ity :of this parties and each
of the parties shall shai^e the cost of makrit:aining the storm dra:kn.'faci1i.ti.e9
and easement:. The ubligai, <.in to share mai•ntenancE. costs shall begin When the
•stoi'in drain; facility is, completed.
.f
/-7
t.t
>~~e (Opt.io~nal) f thee parties ha Y mail. n lity insurance
a minimum, eet Ke standard/inn he industry for t articular
es for which e prrtieesare use. The insuraa olicies shall
o of th joining p el as an adds oval sured in conned on
use o easement.
SIX H': In construing the foregoing agreement, the plural shall mean and
include the singular whenever the context so requires.
1N61~1Q.tiy~ Z+n.~
IN WITNESS WHEREOF, the undersignedAcorporation has caused this easement
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors. 1~ - 7.>
PAz'y k\ y ~ cOR
r J2M3 corp.
Name of Cor ratio
~,e~vibuaLppR ~i
►,~Ao-tF of ~ j i ~ ql~.'• i
y' A
re e t A '
•Se etary vQ r
rRE GS` -
STATE OF OREGON )
ss.
COUNTY OF WASHINGTON) August 3 1987
Personally appeared JOHN O. BEIRWAGEN and J. MARK BEIRWAGEN
who, each being first duly sworn, did say that the
former is the CORPORATE president and that the latter
is the CORPORATE SEC•OF 12M3 a corporation, and that
the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that said instrument was signed and sealed in behalf of said
corporation„ by authority of its board of directors; and each of them
acknowleag4`&,s"aid instrument to be its voluntary act and deed.
IN TESTIMONY' WHEREOF, I have hereunto set my and seal this 3rd day
of Augulst• 19 87
A0-tar Public for Oregon
(NOTARIAL SEAL) My mmission Expires: 10-29-88
Approved as to legal description this day of 19
By:
i
Title: Approved this 27~~ day of ~uTks~ , 19
DEPARTMENT OF COMMUNITY DEVELOPMENT
By:
Title:
„~1<T~oa of Ca.M.a~Na~~Yut~~pwv•~
STATE OF OREGON.
-D ss.
County Clackamas 1
Auqus.t, .--3 iJ 87
Personally appeared eho ollove t:am:-d
RICHA RD..O.-TIMME.L
ahd .:cki;au7lodjed the toroloivg irstru-
moct t!, be his voluntary act and deed.
i
B,?I.or, Ym- fJ ~j /7 ~JJ[//\ ) I/~ 1 f
(OFFICIAL
SEAL) V" IIJ✓ lvTNf
1 N- -ry ublic poi- Or.hCfl
-29
AMY cry Ir'iission expires: 10-88
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STATE OF OREGON
County of Washington SS
I, Donald W. Mason, Director of Assessment
and Taxation and Ex-Off icio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
1987 SEP 14 Pill 2:31