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Englewood III - Commonwealth Properties June 29j• 1977 Brneet Be Platt Vice Prosxdent Co maouwoalth Properties, inc. . PiO..Box 1420 Portjaudf,Oregon 97207 Res Hnglewood Iii Storm Sever Easement Dear Mr. Pletts the.Tigard City Council at its- regular meeting of June 976 1977 considered the above.easement subditted for acceptance by the City. As this to 4-private easement to.be maintained by the property owners it wab'the concenses of Council'aot to accept and return the easement* it.is._suggested the enclosed original easement be recorded_Dy.the interested parties and' if you. have any, qques tions "vegarding this matter, please feel free .to contact me.,or the.Rngiiaeering Dept. . Sincerely. Doris Haxtig City Re4orlder DH/ f s Enos. RFC~~~Ro JUG 1 01977 , Commonwealth Properties; Inc. C//j OF T104,90 June 1977 P.O. Box 1420, Portland, Oregon 97207 (503) 243-1591 Mr. John Hagman, Engineering Dept. City of Tigard 12420 S.W. Main Street Tigard, OR 97223 Re: Englewood III Dear John, Enclosed is a executed original of an easement for storm drain purposes along the easterly boundary of Englewood III. Will you please arrange to have.this document recorded as soon as possible. If there is any questions, please give me a call. Very truly yours, COMMONW H PROPERTIES, INC. Ernest E. P a t Vice President cw Enclosure Amfac Plaza, 2525 S.W; 3rd Avenue, Portland, Oregon 97201 a subsidiary'of Far- MORTGAGE Project: Fasement: Deed Refer,:rc.e: KNOW ALL MEN BY THESE PRESENTS: That we ~7) COMMONWEALTH PROPERTIES, INC. an nrepon corparatinn and R'nh G Smith Riaildpr, Tor an Oregon corporation hereinafter termed grantor (sin consideia'tion of t.hca sum of to t,.=. paid by C>rTY OF TIGARD, a municipal corporation of Oregon, he7c:inaftsr t.erm::d tM- CITY. h:.re:by grant, bargain., :sell and convev unto the CITY OF TIGARD a perpetual right-of-•way and eas•.:ment as hereinafter described, UGC'~f~XXk`>tDC~cX4O<!Di~~4X7PC4c~9(~CX~9(X3~cX9f1(3~d~X$cX9cXyC3(XX(c~c4C''c~CX~c'Sc~c~cXJc3C9()(' fit x~cx r c t~cx 4 tp~md t~mptio c~gxx c9 xlxx for the following us: s and purposes- 1 Perpetual easement: An unencumbered perpetual Tight-of-way and easement for the p:..rposc. of constructing, re- constructing, operating, maintaining, inspecting and repairing of an underground storm drain and appurtenanc-4s, together with the right to re!mcve, as necessary, vegetation, foliage, trees and other obstructions within the easemc-nt ar:ca, but reserving to the grantors the title to the lands, subject to the easement, and the right to make. such use thereof, except to construct buildings, as will not interf rZ. with the: uses and purposes of the easement.; said easement area being ten _ feet gaXk'Xo9dXx.,x:k C,XX)(9lbXXy(gC~xx%x- ~cX,XxrX,~tx4Xxxxaiw6cxd~cst~ma¢kXcocam~xDd~xacx wide and adjacent to the easterly line of Lots. 181, 182, 184, 185, 186 and 187 and 188, Englewood III, Washington County, Oregon 2orary easements Together with t7.. orary right of ingress, egress and regress, and use for construction purposes, o 'tional lands lying parallel to, along the sides and wi eet, when measur(-.d at tight. angles, of the above described perpetual e area, ex and reserving to grantors the unencumbered enjoyment preservation of all structu _ csent upon the; prLM SC s This tempora ment shall terminate upon completion of the cons n work., at which t;m on request of the owner, the City will. issue a written release there Should it be necessary to cut and remove any brush, trees, or othc.r matter or matcr:ial.s from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in the neat and workmanl.ik.t: condition The City agrees that in connection with its use of the perpetual. easement area and in i.nsp.:~cting, repairing, maintaining, or replacing said underground storm dralhe City will leave the premises in aneat and workmanlike condition and as nearly in the pre-existing state as practicable. The grantor's do hereby warrant that they are the owners in:fee simple and have: the right to grant the above described easements. Witness our hands and seals this day of BOB G. SMITH BUILDER, INC. MONWEALTH PROEPRTIES, INC. (SEAL) (SEAL) 2 ~r err: (SEAL) _ Vice Pre-5_ (SEAL) J .AL) (SEAL).. STATE OF OREGON ) ss. County of Multnomah) May 20 1977 Personally appeared Ernest E. Platt and Eli7ahPth B' Underwood , who being duly sworn, each for himself and not one for the other, did say that the former is the Vice President and that the latter is the Assistant Secretary of COMMONWEALTH PROPERTIES, INC., an Oregon 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 acknowledge said instrument to be its voluntary act and deed. Before me ti Notary Public for regon My Commission Expires: December 2, 1980 STATE OF OREGON ) ss. County of ' 1977 Personally appeared and who being duly sworn, each for himself and not one for the other, did say that the former is the President and that the latter 49 the Seeretarr of (50% Q. SMIV14 r4V1 DEP. _ jwt. 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; each of them acknowledged said instrument to be its voluntary act and deed. Before me: A~ c- Notary Pu 'c for regon My Commission E x p i r e s