5685
5585
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that RALPH D. DURKEE and
MARY HELEN DURKEE, husband and wife, 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 TIGARD WATER DISTRICT, a
municipal corporation of 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 North 20 feet of the following described property:
Part of Section 13, T2S, R1W, W.M., Washington County, Oregon
described as follows: Beginning at the Northwest corner of
that tract conveyed to Mike P. Ochs and Dora Ochs in the center
of County Road #23 by deed recorded in Deed Book 150, Page 454,
and running thence east on the north line of said Ochs tract
120 feet; thence running south parallel with the west line of
said Ochs tract 5.50 chains to the south line thereof; thence
running west on the south line of said Ochs tract 120 feet to
the Southwestern corner thereof; thence running north on the
west line of said tract 5.50 chains to the place of beginning,
excepting therefrom a 20-foot strip along the entire north side
for public road (S. W. Durham Avenue).
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 pipelines and/or mains and
the'further right to remove all obstructions interferrin with the loca-
tion, construction and maintenance of said pipelines and~or mains.
Grantors, their heirs, executors, administrators and assigns,
do hereby covenant with Grantee that they are lawfully seized and pos-
sessed 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.
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.
PAGE I EASEMENT
BoOK M4 msE233
5685
EASEKM (Continued)
Date: i 97 Z
Ralph D. Durkee
Mary Hel Durkee
GRANTORS
State of Oregon )
ss
County of Washington )
On this day of 1972, before me, the
undersigned, a notary public in the foresa° county and state, personally
appeared the within named Ralph D. Durkee,and Mary Helen Durkee, 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.
tary Public for Oregon
My commission expires : 7 y
STATE OF OREGON
ss
County of Washington
PAGE II EASEMM I, Roger;i Thomssen, Director of Records
and Elections and Ez-Officio: Recorder of Con-
veyances, for, sold county do hereby certify
t~++at the within;, instrument of writing was
t- t1 x SSa E "-rved'ond recorded iri book: of records
No. ? - -
of said-: Cour►ty '
Witness, my; hond' a'nd 'seal.. affixed;.
ROGER':_THO/iASSEN, Director of
,Records: &; Elections," • °
VR b 11 39 AH IZ°eputy
BOOK X 23