8323
Project: Walnut St. Improv.
Easement:. Storm Sewer
8323 Deed Reference: 688/386
KNOW ALL MEN BY THESE PRESENTS: That we (I)
Henry E. & Mary M. Stearns
hereinafter termed grantor(s), in consideration of the sum of $ to be paid by CITY OF TIGARD, a municipal corporation of Oregon-, i
inafter termed the City, hereby grant, bargain, sell and convey unto
the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter
described, together with a temporary right-of-way and easement to use
an additional 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 sewer line 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 a portion of that tract of land in
Section 2, Township 2 South, Range,l West, Willamette Meridian,
Washington County, Oregon, conveyed to Henry E. & Mary M.
Stearns, as described in Book 688, Page 386, Deed Records of
said County, being more particularly described as follows:
the Southwesterly 22 feet of the Northwesterly 10 feet of the
said Stearns tract of land.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands
lying parallel to, along the Southeast & Northeast sides and
within 10 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 shall terminate upon completion of the sewer construc-
tion work, at which time, upon request of the owner, the City
will issue a written release thereof.
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Easement
8323
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 workmanlike condition. The
City agrees that in connection with its use of the perpetual easement area
and in inspecting, repairing, maintaining, or replacing said sewer line, the
City will leave the premises in a neat and workmanlike condition and as nearly
in the pre-existing state as practicable.
The grantors 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 le- day of 197/ .
Henry E. Stearns (SEAL) Mary N. tearns (SEAL)
(SEAL) SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this day of 19
Mortgagee
By
Title
STATE OF OREGON )
/ ) s s .
County of
On this day of z , 1971 , personally
appeared the. above named
lx2' 5
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
3` "t? fNotary Public for Oregon
Commission expires: z14 ~S
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EOOK ~35 PAGE 888
Easement
STATE OF OREGON )
)ss®
County of ) 8323
On this day of , 19personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Public for Oregon
My Commission expires:
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY GARD
Bye
M
Bye.
Clt Record r
STATE OF OREGON
)ssa
County of Wasiiiington )
appeared this 16 Li, day of , 19 before me
Dani21_ T._ Tan
both to me personally known who, being duly sworn, id s y th athe, the r
said Daniel L ar„ is the Mayor, and he, the said
Doris Hartia is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said T _I~ar~Pn and
acknowledged the said instrument to be the ree -aCd-t deed
of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my haland affixed my
official seal, this the day and year in h° ' cer icate first written.
otary ub is or regon
My Commission expires
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