15295
15295
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that. DAVID G.
METZGER AND DIANNE S. METZGER, husband and wife, herein-
after 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, here-
inafter.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:
Beginning at an iron in the center of County Road #23
(S. W. Durham Road), said beginning goint being 1871.4
feet S 89 581 E and 89.14 feet S 58 48' E from the
corner of Sections 11, 12, 13, and 14, T2S, R1W, W. M.,
Washington County, Oregon, being also the Northwest
corner of a tract heretofore deeded by John Ochs and
Magdelane Ochs to Harry and Elizabeth Hambach by deed
recorded in Bk. 118, Page 158, Deed Records, Washington
County; running thence South along the West line of
said Hambach tract 4.30 chains; thence S 840 50' W
along the South line of the Mike. P. Ochs tract as de-
scribed in deed recorded in Bk. 150, Page 454, said
Deed Records, 5.50 chains; thence North 5.50 chains
to center of said County Road; thence Easterly follow-
ing center of said road, 5.50 chains, more or less, to
the place of beginning; SAVE AND EXCEPT the East ten
feet as described in deed to Robert F. Swain et ux re-
corded in Bk. 150, Page 453, said Deed Records, and-the
West 120 feet as described in deed to Ralph D. Durkee
et ux recorded in Bk. 422, Page 100, said Deed Records;
AND EXCEPTING therefrom a 20-foot strip along the entire
north side for public road (S. W. Durham Road).
This easement shall be for the construction, main-
tenance and repair of an underground pipeline and/or mains
for the purpose of conveying 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 pipe lines and/or
mains and the further right to remove all obstructions inter-
ferring with the location, 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 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.
PAGE I EASEMENT
BOOK I I69 PAGE 6
-
.e
15295
EASEMENT (Continued)
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, administra-
tors 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 forever.
This easement is a covenant running with the
land.
DATE:
DAVID G. METZG
DIANNE S. METZGER
GRANTORS
State of Oregon )
ss
County of Washington )
On this day of May, 1977, before
me, the undersigned, a notary public in the foresaid
county and state, personally appeared the within named
David G. Metzger and Dianne S. Metzger, 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.
Notary Publfc for Oregon
My commission expires:
a tecosd.:.:......
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1dl.~ PAGE abces rr~o~~-sue.
Bou'1„_._ never
Ur '
PAGE II EASEMENT
STATE OF OREGON !
r.,~
County of Washington SS
i, RogeF t) I.P raotor of Records
and Eiectiahs srid Ex-pfieio~'p¢c¢rder of Con-
veyanm for said pejun q.; D,Wejpby~pe rtify that
the with7n ~insytu ty of-.'wr Nrw rues received
and recorded in; ,book;-of;reeords-7~,
No.
of said, Comity,
r,
Witness rpy l~#"_ sad: gel!afuad • =
R(MER, TMOMSS-E'k,.;7Director of
`41e16ids'.8 £iettions,,.-
Deputy
fir
. $43
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