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7275 Project: SW 115th Avenue LID Easement: S.S. -1 Reference : 4-7'7/ 3s.4 . KNOW ALL MEN BY THESE PRESENTS: That we (I) Edwards Tndus i c, Inr__ an Orpann rnr~nratinn hereinafter termed grantor (s), in consideration of the sum of $ i-on to be paid by CITY OF TIGARD, a municipal corporation of Oregon,, hereinafter' termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described,.to- gether with a temporary right-of-way and easement to use an additonal area hereinafter described and designated temporary easement, for the following uses and purposes: 1, Perpetual easement: An unencumbered perpetual-right-of-way and easement for the purpose of constructing, reconstructing, .operating,_ maintaining, inspecting and repairing of an underground' - Storm Sevier' and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions within the easement area, 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 interfere with the uses and purposes of the easement; said easement area being described on attached legal description denoted Exhibit "A" 2. Temporary easement: (None) Together with the temporary right of ingress,•egress and regress, and use for said construction purposes, of additional lands lying parallel to, along the sides and within - feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors, the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement sh_all.terminate upon completion of the construction work, at which time, upon request of the owner, the City will issue a written release thereof. Should it be necessary to cut and remove any brush, trees, or other matter or materials 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 a-neat and work- manlike.condition, The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said underground storm Sewer the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. Page 1 Easement a00K 97 J PACEi8i . 7275 The grantors do hereby warrant that they are the owners in fee.smple and have the right to grant the above described easements. Witness our hands and als this day of 19 yN ~ + AZOV. (SEAL) y~ 't' _(LAL) . (Pres dent) u , (-SEAL) Ago" (SEAL) Secretary) u c? y. . (SEAL) t: ` <"w(SEAL) For a consideration, the mortgage lien on the above described".' properties is hereby subordinate to the easements above granted. Dated this clay of o 19 Mortgagee BY Title S OF OREGON ) ss. County of on this day of o 19 o personally appeared the above named and acknowledged the foregoing instrument to be their volun act and deed. Before me: Notary Public for Oregon My Commission Expires Page 2 Easement Boa 9751r1'E~~ 7275 STATE OF OREGON ) )ss. County of Washington ) On this 26th day of November 19 73 before me appeared Allen Edwards, Jr. and Wa ne E. Coffee both to me personally known, who being duly sworn, i say that he, t e sal Allen Edwards, Jr. is the President, and he, the said Wayne E. Coffee is the Secretary of Edwar s ndustries, Inc. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed'in behalf of said Corporation by authority of its Board of Directors, and Allen Edwards, Tr. and Wayne E. Coffee - acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Pub c for Oregon. My Commission expires December 7, 1976 ACCEPTANCE' The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayor, V By: City Recor er i STATE OF OREGON ) )ss. County of wachinTton_ ) On this 23 day of April 196 , before me appeared and 7_7~ both to me pe sonal y nown who, being duly sworn, i say at he, the said Floyd K_ no is the Mayor, and e, the said s e Recorder of'the CITY OF 4IGARD, a municipal r and the said Floyd H. Bergmann and Doris Hartig acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official-seal",,-this the day and year in this my certificate first. written. ' n r., Notary P lic for Oregon My Commission expires Page 3 Easement BOOK 975 p111GE183 • r 7275 EXHIBIT "A" Legal Description 115th Street Improvement Storm Sewer Easement That portion of the Southeast quarter of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon'.lying within a strip of land 30 feet wide, the center line of which is described as follows: Beginning at a point on the west line of said southeast one-quarter of said Section 3, said point begin North 0° 37' East 1892.0 feet from a stone at the one-quarter section corner of the south line of said Section 3; thence South 89a 23' East 60.00 feet to the easterly terminus of said center line. C~C~1 STALE OF OREGON County of Washington I, Roger Thomsen, Director of Records ff11 and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records No. - - of said County Witness my hand and seal offixed. ROGER THOMSSEN, Director of p4Q, Records & Elections ~v ►,Y 15 10 304 ,ia• ~,i ~ ~ t } a~ y(