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2991 s' Pioneer Nation ~ Title Insurance t~► II~~ EASEMENT KNOW ALL MEN BY THESE PRESENTS, that RANDALL CONSTRUCTION CO.., INC., hereinafter referred to as "Grantors" for and in consideration of the sum of One.Dollar ($1.00)., the receipt of which is hereby acknow- ledged, to us paid by TIGARD WATER DISTRICT, a municipal corporation of f6 Washington County, Oregon, hereinafter referred to as "Grantee", do j hereby grant, bargain, sell, convey and transfer unto Grantee, its suc- cessors and assigns forever, a permanent easement over and upon the following described real property, to wit: An easement for construction and maintenance of a water line, said easement being 10 Min width and lying 5 ft. either side of the following described centerline; Beginning at the most easterly corner of Lot 6, BURKH M TRACTS, a plat of record situated in Section 2, T 2S, R 1W, W.M., Washington County, Oregon; thence N 450 42' W along the northerly boundary of said Lot 6 and the center- line of S.W. Burnham St. a distance of 5.00 ft.; thence S 420 09' W parallel with the easterly boundary of said Lot 6 a distance of 30.00 ft. to a point in the southerly line of S.W. Burnham St. and the true point of beginning of said centerline; thence S 420 09' W parallel with the easterly boundary of said Lot 6 a distance of 681.79 ft.; thence N 590 16' 30" W a distance of 178.23 ft. to a point in a line which is 5.00 ft. northerly of the south- erly boundary of said Lot 6 (said 5.00 ft. to be measured at right angles to said southerly boundary); thence N 450 24' W parallel with the southerly boundary of said Lot 6 a distance of 115.00 ft. to a point in a line which is 5.00 ft. easterly of the most westerly boundary of that tract of land conveyed to Randall Construction Co., Inc. by deed recorded June 17, 1974 in Book 9809 Page 549 Records of Washington County, thence N 10 24' W parallel with said most westerly boundary of said Randall tract a distance of 43.58 ft. to a point in a line which is 5.00 ft. easterly of the westerly boundary of said Lot 6 ( said 5.00 ft. to be measured at right angles to said westerly boundary); thence N 420 10' 15" E parallel with the west- erly boundary of said Lot 6 a distance of 692.58 ft. to a point in the southerly line of S.W. Burnham St., said point being the terminus of said centerline. This easement shall be for the construction, maintenance and re- pair of an underground pipeline and/or mains for the purpose of conveying water over, across, through and under the hereinabove described real property and shall include the perpetual right to enter upon said real property at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines and/or mains and the further right to remove all obstructions interferring with the location, construction and maintenance of said pipelines and/or mains. PAGE I EASEIMT 993 Q~~r 7 EASEMENT (Continued) Grantors, their heirs, executors, administrators and assigns, do hereby covenant with Grantee that they are lawfully seized and possessed of the hereinabove described real property, and that they have a lawful right to convey same, and that they will warrant and forever defend the title there- to against the lawful claims of all persons whomsoever. Grantee, its successors and assigns, does hereby covenant that it shall restore said property to its original condition as nearly as is practi- cable upon the completion of construction and upon completion of any subse- quent maintenance and repair work. Grantors, their heirs, executors, administrators and assigns, do further covenant that in the event they are responsible for destruction of said water line or interruption to the water service, they hereby agree to pay the reasonable cost of repairing same. TO HAVE AND TO HOLD said easement and right-of-way unto Grantee and unto its successors and assigns forever. This easement is a covenant running with the land. Date. 02 7y GRANTORS State of Oregon ) sa County of Multnomah On this 12th day of September , 1974, before me, the undersigned, a notary public in the foresaid county and state, per- sonally appeared the within named Robert D. Randall, Pres. of Randall Construction Co., Inc. , who are known to me to be the identical individuals described in and who executed the within instrument and acknow- ledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed:m7- official seal the day and year last above written. otary Public for My commission expires: 9 1`7 `•7 PAGE II EASEMENT riled In =,W4 - ~ 16a4-N a,Or P.M. % r DDKe7c PILE .79 Ta' ale STATE OF OREGON ss County of Washington j I, Roger Thomsen, Dtrec' of Records and Elections and Ex-Offielo Recorder of Con- veyances for said county, do hereby certify that the within Instnanert of writing was received and recorded in book of records No. _ of said County i Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Eleal" .i ~ MoEXE-D Deputy SEP.17 3 23 r i