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8322 -..16_._a ~ 'p4~rr Project: Walnut St. ImDrrov. Easement: Storm Sewer 8322 Deed Reference: 292/243 SNOW ALL MEN BY THESE PRESENTS: That we (I) Ruth J. Godfrey hereinafter termed grantor(s), in consideration of the sum of to be paid by CITY OF TIGARD, a municipal corporation of Oregon, here- 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 ease-, ment, 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 portions of parcels of that tract of x ,land in Section 2, Township 2 South,-Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed t-6 --Ruth J. Godfrey as described in Book 292, Page 243.,..Deed Records of said County, being more particularly described as follows: that portion of land lying parallel to, along the Northeast side, and within 10 feet, when measured at right angles, of the Southwest boundary line of the Northerly most parcel of the said Godfrey tract of land. ALSO, that portion of land lying parallel to, along the Southeast side, and within 10 feet, when measured at right angles, of the North- west boundary line of the Southerly most parcel of the said Godfrey tract of land. ALSO, the Northwest 45 feet of that portion of land lying parallel to, along the Northeast side, and within 12 feet, when measured at right angles, of the Southwest boundary line of the Southerly most parcel of the said Godfrey 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 Northeasterly side and within 10 feet, when measured at right angles, of the above described perpetual easement area within the Northerly most parcel and along the Southeast side and Northeast side respectively, and within 10 feet, when measured at..right angles, of the above described perpetual easement areas within the Southerly most parcel, 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 construction work, at which time, upon request of the owner, the City will-issue a written release thereof. 135 RrE 884 Page 1 Easement; 8322 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 / fs day of ~w, , 197/ Ruth J. Godfrey (SEAL) (SEAL) J (SEAL) (SEAL) (SEAL) SEAL) For a consideration, the mortgage lien C6(the above described properties is hereby made subordinate to the easements above granted. Dated this day of Mortgagee By Title STATE OF OREGON ) I )ss. County of Vtl441,.' ) On this day of 19-7( , personally appeared the above named -n/'w.., s C'-4 and acknowledged the foregoing instrument to be their voluntary act and deed. Before me.. Notary Public for Oregon My Commission expires: C_ y! • Lv l7 ~ ~t J'. Page 2 'U, Easement BOOKS PAGE S85 STATE OF OREGON ) )ss. County of ) On this day of 8322 , 19, personally 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 IGARD Bys Mla o Bye City Recorder STATE OF OREGON ) )ss. County of Washington ) On this 12th day of ~mJdA1- , 196/~, before me appeared and-- 57nr i e TrTA r h i r r both to me persona y nown who, being duly sworn, did say that he, the said is the Mayor, and he, the said nr up-, e Recorder of the CITY OF TIGARD, a municipal corporation, snie said I,_ r,Ar.-,P-n and -Dori . Nary; g acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my h d and affixed my official seal, this the day and year in yr-ce,ificate e first written. Notary Public for Oregon My commission expires -0 0 0 U a") o ~~umv Q C O 3 v w ~ C. AZT c U X ,v°~ Ew V1.- u . Of a ° gym.,, pGe\J..1 ate . C O LU -71 Page 3 x m a LIJ Easement ~ o r ~'C~ u LL 0.- O o u N w ° u r ~i fl ED = U > o PICEC Ln v o>rE zo