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13885 ~.~C 5 EASE[MPP ]INOW ALL MST BY THESE PB=MTS, that Donald B. Holman at al. hereinafter referred to as "Granteri"fer and in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, to 'us paid by TIGARD WAS 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 hits The North 45 feet of the following described property; included therein the north 20 feet which now exists as public right-of-way, W.W. Durham Roads Commencing at the quarter Section post one the Section line between Sestioas 11 and 149 T2S9 R1W, W.M., Washington County, Oregon; tanning thence South 120 rods to the South line of the Solomon and Elisabeth Richardson Donation Land Claim No. 44; thence West on said South line claim 26-23 reds; thence North 120 rods to section line; thence East 26-2/3 rods along North.line of said Section 14 to place of beginning. This easement shall be for the construction, maintenance and re- pair of an underground pipeline and/or mains for the purpose of conveying water over, across, through and under the hereinabove described real pro- perty-,tend shall ,include the perpetual right to enter upon said real pre- party at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines.and wins and the farther right to remove all obstructions interferring with the location, constrae- tion 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 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 d6 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, adminietraters and assigns, Ae 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 coat of repairing same. TO HAVE AND TO HOLD said easement and right-of-way unto Grantee and into its successors and assigns forever. This easement is a covenant running with the land. I BATE: ! 1 Donald R. Holman ,t Hattie . Holman pp IASM4MT PAM I ..Raid-.L. Holman R c Fh GRANTORS EnS9MT (Contionedl Dates Verna Card He Carl H, Nys Eliz th. J. sen GBANTORS State of Oregon as County of Washington On this day of , 1974, before net the undersigned, a notary public ' e fore id cousâ–șty and state,; personally appeared the within named 12. Hattie L Holman, /W itq% L. Holman, Verna Card. Holman, Carl H. Nyssen, Elisabeth J, Nyssen, 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 WHMEOFq I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon My commission expiresa I f'7j r. STATE OF OREGON j 1} ss County of Washington I, 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 and recorded in book of :records No- of said County XAss my hand and seal affixed. g ROGER THOMSSEN, Director of Records & Elections r~ BOOK 53 Deputy 14SROM PAGE II 10_A l14