11122
i
FAEM11
KNOW ALL MW BY THESE PRESENTS, that Lucy W. (Blakney)
Dressler, hereinafter referred to as "Grantor", for and in consideration
of the sun of One Dollar ($1.00), the receipt of which is hereby
acknowledged, to me paid by TIGABD WATER DISTRICT, a municipal corpora-
tion of Washington County, Oregon, hereinafter referred to as "Grantee",
does 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:
A portion of Lots 1 and 2, Marguerite Ochs
Tracts, Washington County, Oregon, more particularly
described as follows:
A strip of land 10 feet in width, the longitudinal.
centerline of which is described as follows:
Beginning at a point 5 feet west of the southwest
corner of Lot 9 of the duly recorded plat of Del Monte
No. 19 Washington County, Oregon; thence S 000 14' W
165 feet to the southerly boundary of said Lot 19
Marguerite Ochs Tracts; thence S 040 00' E 164' feet,
more or less, to the northerly boundary of the Hoodview
No. 2 subdivision.
This easement shall be for the construction, maintenance and
repair of an underground pipeline and/or mains for the purpose of con-
veying 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 pipeline and/or mains and
the further right to remove all obstructions interferring with the
location, construction and maintenance of said pipelines and/or mains.
Grantor, her heirs, executors, administrators and assigns,
do hereby covenant with Grantee that she is lawfully seized and possessed
of the hereinabove described real property, and that she has a lawful
right to convey same, and that she will warrant and forever defend the
title thereto against the lawful claims of all persons whomsoever.
Grantee, its successors and assigns, do 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.
As additional consideration for granting this easement, Grantor
shall not incur any liability for the cost of the water main extension.
Grantor may make connection to the water main extension without charge,
except for the cost of meter installation, Grantee waives the provisions
of O.B.S. 264.320 which is quoted as follows:
PAGE I - EASEMENT
BOOM 0'5 ALE189
1.1122
EASEMENT (Continued)
O.B.S. _264.320 Refund of cost of water main extension.
If any person is required by &-district to pay the cost
of extending &'water main adjacent to property other
than his own so that water service for domestic use is
provided for such other property without further exten-
sion of the water mains the district shall require the
owner of the other property, prior to providing water
service to that property, to refund to the person re-
quired to pay the cost of extending the water main, a
pro rata•portion of the cost of the. extension. The
right to require such refund shall not continue for
more than 10 years after the date of installation of
the extension of the water main. The amount to be
refunded shall be determined by the district and such
determination shall be final.
Grantor, her heirs, executors, administrators, and assigns,
do further covenant that is the event they are responsible for destruc-
tion 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.
Dates ue" 2 / 19,~r.3
L c (Blalmey) Drs ler
GRANTOR
STATE OF
ss
COUNTY OF
On this ~ IV day of 1973, before me,
the undersigned, a notary-public in the oresaid county and state, personally
appeared the within named Lucy W. (Blaknev) Dressler. who is known to me
to be the identical individual described in and who executed the within
instrument and acknowledged to me that she 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
My commission expires:
PAGE II - EASEMENT
IVIR C. U".'
OL r_
ry i". NOTARY PUUIC, STATE C r NLYADA . ~
1St.i., 'WASHOECOUNTY
1»:»:
Fite ~16~iiosu~ Cominfas(on, Ex Irea Feb .10;, 19~
My,
-
• I
Y
p
;c STATE OF OREGON ))~j
F `3s
' G• County of Washington 1
I, Roger Thomssen, Director of Records I
and Elections and Ex-Officio Retarder of Can-
veyonces for said, county, do hereby certify
that the within Instrument af. writing was
received and recorded In book of 'retards
of said County
~i
Witness my hand, and seal affixed.
ROGER TNOMSSEN, Director of
Records & Elections
all
a
f , 94,4 0 I
LAW OFFICES
OLIVER C. CUSTER
ISOO FIRST NATIONAL BANK BUILDING
ONE EAST FIRST STREET
RENO, NEVADA 89SOI
October 3, 1973
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Att: Mr. Bob Santee
Dear Sirs:
Mrs. Lucy W. Dressler advises me that you have
not received the Easement which she executed in my office
on September 21, 1973. On that date I wrote you a letter,
a copy of which is enclosed, and you will note I enclosed
the executed Easement with the letter. Obviously,the
letter has been lost by the inefficient, lousy U. S. Mails!
I used the envelope which you sent Mrs. Dressler and your
return address was on the envelope.
Mrs. Dressler only signed the-original Easement and
I conformed the copy. Mr. & Mrs. Dressler have departed for
New Zealand and will be gone a month or so. I talked with
them last night by telephone and they told me to tell you
that you have theft authority to proceed with the construc-
tion of the pipe line.
I shall await your further instructions.
Very truly yours,
OCC/ls
Enclosure: 1
. TIGARD WATER ®l: TTRIC 8841 S. W. COMMERCIAL BT.
TIGARD, OREGON 97223
PHONE (303) 63.9-1SS4
October 240 1973
Mr. Oliver C. Caster
1500 First National Bank Building Re: Easement for water Gain
One East First Street extension; case of
Reno, Nevada 89501 Mrs. Dressler
Dear Mr. Caster:
Thank you for your prompt response regarding the subject easement
document.
Unfortunately, at this date itsappears that the Pony Express will
never arrive with the mail. Therefore, I have enclosed herewith
another original document for signatures.
I appreciate the fact that you obtained Mr.. and Mrs. Dressler'.s
permission to construct the pipe line without the completed easement
document in hand. It will help us beat the rainy season.
Very truly yours,
TIGARD WATER DISTRICT
Robert E. Santee
Administrator
LAW OFFICES
OLIVER C. CUSTER
1500 FIRST NATIONAL BANK BUILDING
ONE EAST FIRST STREET
RENO, NEVADA 89501
December 28, 1973
Mr. Robert E. Santee
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Re: Easement for water main
extension; case of Mrs.
Dress'Ter
Dear Mr. Santee:
Thank you for your letter of October 24th,
together with enclosure.
Mr. & Mrs. Dressler have returned from abroad
and I had Mrs. Dressler execute the original Easement which
you enclosed in your letter. I had the date of September
211, 1973 inserted in the document, being the date of signing
of the original document which was sent to you on September
219 1973, which was lost in the mails.
Please acknowledge receipt.
% Sincerely yours,
OCC/ls
cc: Mrs. Dressler
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
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