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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 \v O+ 2 N rn U nW N8 W O i 12. O c ~ - o #49.50 u 800 0 0 ?200 PO 3 ° 7 N L O N J\,/] J\j0 O r ° N r a ° a U w, 125.02 R_10 )1 141.58 ¢ 1n, 900 T, • N 89°43'W O O :,W DELMONTE DR. N 1993 :i6 d0 85.72 S , Re10 N 89°43 W i 200 1100 , 125.01 h W 1000 .a I I 10 a W V/ ° o _ bQ o 9 ° o N z o~- • NO 43'W 10.00 ch ' 566.0 1 6 75 Ac. to .0 01 oAc. I PROPOSED 6" C.1. 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