37-697-Resolution Recorded 4/15/1981+ VOL e 7nu 697
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IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON TFS gTTc
FOR DESCHUTES COUNTY C(K
In the Matter of Proceedings )
of the Seventh Mountain County }
Service District ) RESOLUTION
This matter came before the regular term of the Board of County
Commissioners acting as the governing body of the Seventh Mountain County
Service District on April -ty , 1981.
WHEREAS:
1. Howard Kraus, P.E., District Engineer, has surveyed the route of
the wastewater collection system connected to the District's wastewater
treatment facility, and
2. It is in the best interest of the District to acquire an easement
for said collection system from the record fee owners of the real property
on which the Inn of the Seventh Mountain is located, and
3. The lease under which the Association of Unit Owners of the Inn of
the Seventh Mountain holds from the fee owners allows them to grant an
easement for said system to the District, and
4. The terms of the easement attached hereto in Exhibit A, incorporated
here by reference, are acceptable to the District,
NOW THEREFORE, IT IS HEREBY RESOLVED that the Board of County Commissioners,
acting as the governing body of the Seventh Mountain County Service District
accept the obligations imposed on the District by the proposed easement
attached hereto as Exhibit A, incorporated herein by reference, and shall
forthwith execute and acknowledge the original thereof. The Board authorizes
its attorney, Louis B. Dvorak, when the original of said easement is executed,
acknowledged and tendered to him by Grantors, to accept delivery thereof on
behalf of the District and to record the same.
DATED this Ly day of April, 1981.
BOARD OF COUNTY COMMISSIONERS
sitting as the governing body of
The Seventh Mountain County Service
District.
C
ROBERT C. PAUL ON, JR., Chairman
DISTRIBUTION:
CLAY C SHEPARD, Commissioner
Howard Kraus, P.E., Dist. Eng.
Louis B. Dvorak, Counsel ;Vz�
ALB RT A. YOUNG, 7issiZ e
EXHIBIT A
VOL 37PAGE 690
fi
EASEMENT
DATED: April 15, 1981
In consideration of payment of the sum of $ 10, receipt of
1which is hereby acknowledged, Lewis B. Huff and Doris J. Huff, husband
and wife, Grantor, conveys to the Seventh Mountain County Service District
a municipal corporation, successors and assigns, Grantee, a perpetual
exclusive easement to use a strip of land fifteen (15) feet wide and of even
width across the property of Grantor. The easement is illustrated in Exhibit
A, attached hereto, but the description herein shall control in case of any
differences. The centerline of said strip of land is located as follows:
e. ,
Aeginning at a point which is 1331.03 feet North 890
59' 51" West; 1277.27 feet North 000 48' 58" East to
the South right-of-way line of Century Drive; 245.95
''.feet North 740 43' 20" Fast along said South right -of
-way line; 1084.31 feet South 890 40' 45" East; and
705.20 feet South 890 49' 30" East of the South
one-quarter corner of Section 22, Township 18 South,
Range 11 East of the Willamette Meridian in Deschutes
County, Oregon; and running thence South 490 48' 51"
West 104.02 feet; thence South 510 10' 59" West
177.58 feet; thence South 750 53' 49" West 117.62
feet; thence South 740 13' 44" West 335.36 feet;
thence North 82o 53' 43" West 265.16 feet; thence
North 830 21' 05" West 185.74 feet; thence South
380 16' 03" West 109.12 feet; thence South 060 31'
36" East 165.93 feet to a junction point; thence
South GBO 13' 39" West 94.84 feet; thence South 410
50' 45" West 188.54 feet; thence South 760 03' 55"
West 373.19 feet to a point 20 feet past the
existing lift station.
ALSO, beginning at said junction point, thence North
800 00' 00" East 70.00 feet; thence South 190 15'
0 16" East 196.62 feet to a point 20 feet past the
existing lift station.
The terms of this easement are as follows:
1. Grantee, its agents, independent contractors and invitees shall
use the easement strip for the existing sanitary sewer collection system
improvements of Grantee, and future improvements and replacements thereof.
Grantee may also use the strip for access, maintenance, repair, operation
and reconstruction of said collection system, including, but not limited to,
lift stations. If necessary to provide access to the easement strip or any
part thereof, Grantee may construct, reconstruct, maintain and repair
a road upon or along said strip.
EASEMENT Page 1 of 3
von. 37Pdu 699
2. Notwithstanding the exclusive nature of this easement, Grantor
may use the surface in any manner which will not interfere with Grantee's
access to buried sewer facilities. This may include construction of roads
1 and sidewalks over the sewer facilities beneath the surface. No additional
easements may be granted within said strip without prior written permission
of Grantee, which permission will not be unreasonably refused.
3. Grantee agrees to repair within a reasonable time and in
a reasonable manner any destruction of the surface caused by its excavation
of the strip of land for the uses granted herein.
4. Grantee agrees to indemnify and defend Grantor from any
loss, claim or liability to Grantor arising out of Grantee's use of the
easement strip. Grantee assumes all risk arising from its use of the
easement strip and Grantor shall have no liability to Grantee for any
condition existing thereon.
5. This easement is appurtenant to the real property of Grantee
described below. However, it is granted for the purpose of enabling Grantee
to provide wastewater collection and treatment service to the lands of Grantor
subject.to that certain lease between Condominium Land Co., Lessor, and
Condominiums Northwest, Inc., Lessee, dated February 13, 1970, and recorded
at Volume 168, Pages 874 through 835 of Deeds, Deschutes County Records,
together with all amendments of said lease. Other lands may also be served.
6. Grantee shall have no liability to Grantor or any third
person for.maintenance of any access road to the easement strip, nor
for any .repair or replacement thereof made necessary by causes other
thark excavation thereof by Grantee, Grantee shall have reasonable road
access from Century Drive -across Grantor's lands to all parts of the
easement strip sufficient for the use and operation of vehicles and equipment
in connection with the uses granted herein.
7. This easement shall be perpetual; however in the event that
it is not used by Grantee for a period of three years, or if otherwise
abandoned by Grantee, the easement shall automatically expire and Grantee
shall upon request execute a recordable document evidencing such expiration.
8. This easement is granted subject to all prior easements
or encujr4=ances of record, except that certain lease described in paragraph
.5 above, and all amendments of said lease.
9. This easement is appurtenant to the following described
real property of Grantee:
A parcel of land which lies within the
Southwest one-quarter of,the Southeast one-quarter
(SASE) of Section twenty-two (22), Township
eighteen (18) South, Range eleven (11) East of
the Willamette Meridian, Deschutes County, Oregon, .
more particularly described as follows:
1
Beginning at a point which is 1331.03 feet North
890 59' 51" West; 1277.27 feet North 000 48' 58"
EASEMENT Page 2 of 3
VOL 37PAGE 700
890 49' 30" East of the South one-quarter corner of Section
22, Township 18 South, Range 11 East of the Willamette
Meridian in Deschutes County, Oregon; and running thence
South 000 12' 25" West 270.00 feet; thence North 890 49' 30"
West 185.00 feet; thence North 000 12' 25" East 270.00 feet;
thence South 890 49' 30" East 185.00 feet to the point of
beginning.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed the day and year first written above.
GRANTOR GRANTEE: BOARD OF COUNTY COMMISSIONERS
sitting as the governing body of the
SEVENT MOUNTAIN COUNTY SERVICE DISTRICT
LEWIS B. HUFF ROBERT C. PA SON, JR., Chairman
1 '
DORIS'J., HUFF CLAY C. SHEPARD, Commissioner
ALB R A. YOUNG, is'sione
STATE.'OF.OREGON, County of Deschutes ) ss.
,The foregoing instrument was acknowledged before me this
day of 1981 by Lewis B. Huff and Doris J. Huff,
husband and wife.
Notary Public for Oregon
My commission expires.:
STATEOF; OREGON, Deschutes County ) ss.
On April 1981, personally appeared before me Albert A. Young, Clay C.
Shepard, and Robert C. Paulson, Jr., known to me, and first being duly
sworn, did say that they presently were the duly elected, qualified and
acting Board of Commissioners of Deschutes County, State of Oregon, and
that the foregoing instrument, on the date set forth therein, was signed
on behalf of said county by said Commissioners by authority of the constitution
and statutes of the State of Oregon, and they acknowledged that the foregoing
instrument was their voluntary act done within the scope of their authority
for said County.
Notary Public for Oregon
My commission expires:
EASEMENT Page 3 of 3