5687
5 8 7
1 IN THE UNIFIED SEWERAGE AGENCY
2 OF WASHINGTON COUNTY, OREGON
3 In the Matter of Grant of Water Line ) RESOLUTION AND.ORDER
Easement to Tigard Water District, ) NO. 71-3j
4
5 The above entitled matter came on before the Board of County
6 Commissioners for Washington County, acting as the governing body of
7 the Unified Sewerage Agency of Washington County, Oregon, at its
8 regular meeting of March 7, 1972; and
9 It appearing to the Board that the Tigard Water District is
10 desirous of constructing a water line through real property which shall
11 be acquired for the Tualatin River Sewage Treatment Plant, and wishes
12 to pay the Agency $1.00 therefore; and
13 It appearing to the Board that said water line shall not obstruct
14 the probable use of that site and that it would add fire protection
15 to said site and that the nominal compensation is just compensation;
16 and
17 It appearing to the Board that the Unified Sewerage Agency Commission
18 and Agency staff recommend granting of said easement, and free Board being
19 fully advised in the premises; it is, therefore
20 RESOLVED AND ORDERED that an easement for water line purposes, a
21 copy of which is attached hereto, marked Exhibit "A" and by this
22 reference made a part herein, be, and hereby is, granted to the Tigard
23 Water District; and it is further
24 RESOLVED AND ORDERED that the Chairman of the Board of County
iz 25 Commissioners for Washington County, acting as the governing body.cE the
-o
%w 26 Unified Sewerage Agency, be, and hereby is, authorized and directed to
;M
0
io 27 execute the original of the easement represented by Exhibit "A".
iN 28 DATED this 7th day of March, 1972.
J
29 UNIFIED SEWERAGE AGENCY
OF WASHINGTON COUNTY, OREGON
" 30
By Board of County Commissioners
Page n County, Oregon,
31 Fo 27m-
It. 32 o~ 0 AA;A f 0 0
gcVrman
L/ C~' a""
Rec ding Secr ary
BOOK w 237
EXHIBIT A
5687
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that UNITED SEWERAGE-AGE CIY,
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, bar-
gain, 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:
A tract of land in Section 13, T2S9 R1W, W.M., Washington
County, Oregon, more particularly described as follows:
Beginning at the Northwest corner of Section 13, T2S, R1W,
W.M., and running thence south 562.5 feet to the Northwest
corner of a certain tract conveyed to Marion M. Maxwell et
ux, by deed recorded in Book 275, Page 501; thence East
along the north line of said. Maxwell tract to the west line
of a 30-foot roadway which 30-foot roadway is described as
being 31 rods east of the west line of said Section 13;
thence north along the west line of said roadway to a point
on the north line of said Section 13; thence west 31 rods to
the place of beginning; excepting therefrom a 20-foot strip
along the entire north side for public road (S. W. Durham Ave.).
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 tames, 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 EASEMU
Box 864 PAGE 2JO
v- 5687
MEMENT (Continued)
Date: 7?1c / ~17~
GRANTORS
State of Oregon
ss
County of Washington
On this 7th day of March 1972, before me, the
undersigned, a notary public in the foresaid county and state, personally
appeared the within named John C. Anicker and
, who are know 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.
L/
40tary Publi for Oregon
My commission expires: 3-16-73
STATE OF OREGON
County of Washington
I, Roger Thomsen, pirector of Records
and Elections and Ex-0fficio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records
PAM II - EASEN= No. - - - - - -
Of said County
Witness my hand end seal affixed.
e r I RROG ds THOMSSEruN, Director of
BOOK 864 PAGE239 tI 39 Deputy
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