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95-062167 + Air Recording Return Copy of Recorded Document to: MgTE OF OREGON Cit; Recorder -.City of Tigard } 4n SS 13125 SW Hall Blvd. - Tigard, OR 9722 ~ tY of Washington ® I, Jerry R. Hanson, Director of Assess- ment and tion "and §X-PO to County Clerk for said County, da, Certify that the withrr>jiI*runient'of wsss received and recorded in nook"of r'*06 is',of said county. i NO CHANGE IN TAX STATEMENT Jerry R Hannon,-. director of sment 1`axation, Ex- Offl'Eio11. _Clerk Doc 95062167 Rect: 150090 28.00 EASEMENT 09/01/1995 09:49:45AM PERMANENT PUBLIC UTILITY - - - Rod A. Moore and First Interstate Bank of Oregon, N.A., Co-Trustees of-the.William N. Flett Testamentary Trust, and Empire Batteries. Inc., hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constricting, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and apputtmlancesI together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $100.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover, provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors, and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this day of 19~~ Rod A. Moore, Co-Trustee of the William N. Flett Testamentary Trust STATE OF OREGON ) ss. County of This instrument was acknowledged before me on ,fr'v c~ s - /f 9S (date) by (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party o half of whom instrument was OFFICIAL SEAL No u s Signature IYIABL O. RYAN My Commission Expires: 7 ~ 7 R MAIfYPUBLIC-OREOM - COMMISSION NO.025798 MY COMMISSION EXPIRES JULY 01, 1997 IN WrINESS WHEREOF, I hereunto set my hand on this 31 Is t day of July . 1955 . Fwstt Interstate Bank of Oregon, N.A., Co-Trustee of the William N. Flett Testamentary Trust ® A4 Lawrence J. li ena, Vi p~egia t ~eAGE 1. o~ 4 STATE OF OREGON ) ss.. County of Multnomah ) This instrument was acknowledged before me on July 31, 1995 (date) by Lawrence J. Salimena (name(s) of person(s)) as Vice President (type of authority. e.g., officer, trustee, etc.) of First. Interstate Bank of Oregon, 'N.A., * (name of party on behalf of whom instrument was executed). C'o-Trustee of the William N. Fleet Testamentary Trust OFFICIAL SEAL Signature ROZZIE M.. BUTTON NOTARY PUBLIC -OREGON Commission Expires: December 23, 1996 COMMISSION NO.020869 MY COMMISSION EXPIRES DEC. 23, 1996 IN WITNESS WHEREOF, I hereunto set my hand on this day of 19 95 Empire Batteries, Inc. By: N~Lee- STATE OF OREGON ) ss. County Of This instrument was acknowledged before me on , 1q q1 (date)by 1~u1 w A0 4ko (nam person(p~}). - as e (type of authority, e.g., officer, trustee, etc.) of ~wc (name of party on behalf of whom instrument was executed). . OFFICIAL SEAL Notary's $j nature M JO ANN HAYES My Commission Expires: PASk. I? 1 9 NOTARY PUBLIC-OREGON ~t COMMISSION NO. 042148 MY COMMISSION EXPIRES MAY o5, 1999 Accepted on behalf of the City of Tigard this day of Augksf , 19,75'. 6C, City Engineer GRANTORS' NAMES/ADDRESS Rod A. Moore First Interstate Bank of Oregon, N.A. Empire Batteries P.O. Box 23962 Tigard, OR 97224 ai/F-p- PAGE 2 OF '4 EXHIBIT A LEGAL DESCRIPTION FOR UTILITY EASEMENT .A tract of land located in the Northeast one-quarter of Section 12 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows: Beginning at the Northeast corner of parcel I of that property deeded to First Interstate and Rod Moore in Fee No. 84021378 of the Washington County Deed'Records; thence S 001 35' 07" W, along said easterly line, a distance of 10.00 feet and a point which is 30.00 feet from the center line of Bonita Road (when measured at right angles); thence.N 890 24' 53" W, parallel with and 30.00 feet (when measured at right angles) from'the center line of Bonita road, a distance of 24.00 feet to the true point of beginning thence N 890 24' 53" W.a distance of 20.00 feet; thence S 000 35' 07" W a distance of 6.00 feet; thence S 89° 24' 53" E, parallel with and 36.00 feet (when measured at right angles) from the.center line of Bonita Road, a distance of 20.00 feet; thence N 000 35' 07" E a distance of 6.00 feet to the true point of beginning. Containing 120 square feet. PAGE 3 OF 4 SRN WoQ 1 N ~pc,~G iN NoR SaVIIII,R f I I~ I , I ~ I 0 ~ pA~4~4