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78-051409 f 78051409 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that GOTTER- JAEHRLING, a partnership consisting of SAMUEL A. GOITER, JR. and JOHN K. JAEHRLING, hereinafter referred to as "Grantors", for and in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, to us paid by TI IGARD WATER DISTRICT, a municipal corpora- tion in Washington County, Oregon hereinafter referred`, to as "Grantee", do hereby grant, bargain, sell, convey. .and transfer unto Grantee, its successors and assigns forever, a permanent easement over and upon the following described real property, to wit: The most northerly 10 feet of the following described property: The Easterly 330 feet of the following described tract; A tract of land in.Section 8, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at a point on the South line of Roshak R8ad (County Road #821) that is North'89 48' 10" East 657.55 feet and South 0° 00 15" East 20.00 feet from the Northwes corner of said Section 8; thence North 89 45' 10" East along the South line of said County Road a distance of 826.31 feet to a point in the West line of West Colony Park; thence South 00 13' East along said West line 162.00 feet to the Southwest corner of Lot 4, B1$ck 4, West Colony Park; thence South 89 47' 00" West 825.38 feet to a point in the East line of the West one-half. of the Northwest one- quarter of the Northwest one-quarter of said Section 8; thence North 0 60' 15" West along said East line a distance of 165.03 feet, more or less, to the point of beginning. This easement shall be for the construction, maintenance. and repair 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 EASEMENT t ~p M 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 thereto 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 practicable upon the completion of construction and upon completion of any subsequent maintenance and repair work. TO HAVE AND TO HOLD said easement and right-of- way unto Grantee and.unto its successors and assigns for- ever. This easement is a covenant running with the land. Date: LZ S A. GOT OJR.//~ J K JAE RLINGj GRANTORS State of Oregon ) ss County of Washington ) On this / day of 1978, before me, the undersigned, a notary public is in the foresaid county and state, personally appeared the within named Samuel A. Gotter, Jr. and John K. Jaehrling, who are known to me to be the.identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. < Notary Public for Oregon My commission expires a6 197, w2L PAGE II-- EASEMENT STATE OF OREGON County of Washington SS 1, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received 6 / and recorded in book of records No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of 7iyA R~ IJYA~TirR bill;,?, C , Records & Elections INDEXED ft-01 Deputy 1 ~~pMl~ 6~ ~z3 ail 11 1by ZZ SCHEDULE A Amount $ 23, 000. 00 Date July 17 , 1978 At 8:00 A. M. Premium $ 121.5 0 INSURED -----DOTTER-JAEHRLING, a partnership consisting of SAMUEL A. GOTTER, JR. and JOHN R. JAEHRLING----- The estate or'interest referred to herein is, at the date hereof, vested in -----GOITER-JAEHRLING, a partnership.consisting of SAMUEL A. GOTTER, JR. and JOHN K. JAEHRLING.----- The land referred to in this policy is described as The Easterly 330 feet of the following described tract; A tract of land in Section 8, Township 2 South, Range 1 West, Willa- mette Meridian, Washington County, Oregon, described as follows: Beginning at a point on the South line of Roshak Road (County Road #821) that.is North 890 45' 10" East 657.55 feet and South 00 00' 15" East 20.00 feet from the Northwest corner of said Section 8; thence North 89° 45' 10" Eastalong the South line of said County Road a distance of 826.31,'f eet to a point in the West line of West Colony park'; thence South 0° 13' East along said West line 162.00 feet to the Southwest corner of Lot 4, Block 4, West Colony Park; thence South 89° 47' 00" West 825.38 feet to a point in the East line of the West one-half of the Northwest one-quarter of the North- west one-quarter of said Section.8; thence North 06 60' 15" West along said East line a distance of 165.03 feet,'more or less, to the point of beginning.----- PAGE 2 OF POLICY No 34A-91844 F 236 REV I1-74 0 1 SURVEY' IN THE: N' OF SECTION 8, T2S, R1Wj W. M. Washington County, Oregon Soale - 1" = 50' Surveyed: Aug. 11, 1978 For: Sam Gotter Realty Note - ° s 5/8" S 30" iron rods seta o= 5/8" iron rods found unless noted otherwise. V al v ~c~ ~th S0DDM \3Hl zo. A S 09 Oy m 20, 20 (A N. 0°i02e"w /65.30 o t b w ® ~ A 0\ ~p w 0 Z o N ~ m a ~ . P W v' W , N o y Of 00,57 --7' ti ,y n oLoN PARK a* ~ ~ WEST C Y. ,~ti ti %i 0. NW I/4 NW 1/4 SECTION 8 T2 S R I W IN M. 2S. I WASHINGTON COUNTY OREGON ~S ' gg8. SCALE I' = 100' SEE MAP 2S 1 5 7e2 QQArl Nj a ftr. r.,/: u.:ztivur, irrii 4~J~•`~~iiiiia<zai;,.... Co. Rd. No 821 - 40' WIDE 2> ~r25- ~ 169 152.42 50 2000 1900 N` 101 2100 100 I 4, 1.93 Ac. 1.22 AC. W 111 g N c °yyy I. 0 1 n N ski 0 18 o m 17 tev W °z 19 $ ` aytiryppe" 1800 (C. S. No. 14,012) I $ 25 tia B 4q n 5 890 47' W 25.37 165 33 165 W l s^ 16 2 a.A 1 SEE dy 82,15 p 50 S 890 4T' W 2S I 0 2> NITIAL PT ° C.R. No. 2270 P' CT~ Re 46 a ° . m c 4500 4400 4000 3900 s ° S N 85 28' S1 E 1 4600 .'a N SW R H U Reap W 192.70 R. 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