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77-22593 -77-22593 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Zita M. Herndon, a single woman, fee simple owner, Donald W. and Nancy K. Lewis, husband and wife, contract purchasers, and Harvey L. and Judith A. Knauss, contract purchasers, hereinafter referred to as "Grantors", for and in consid- eration 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 45 feet of the following described property; included therein the north 20 feet which now exists as a public right-of-way, S. W. Durham Road: Beginning at a point on the section line between Section 11 and 14, T2S, R1W, W.M., Washington County, Oregon, 2200 feet East of the NW. corner of said Section 14. to a point at the Northwest corner of tract conveyed to George. Schmidt as described in Book 140, Page 83, Washington County, Oregon, Deed Records; thence South along the West line of said Schmidt tract 1980 feet to the Southwest corner thereof, said point being on the South line of the Solomon Richardson D.L.C. No. 44; thence West along the South line of said D.L.C. No. 44, 220 feet to an iron pipe; thence South to a point in the centerline of the Tualatin River; thence Northwesterly along the centerline of said river to a point which bears South 00 9' West from a point on the. South line of said D.L.C. No. 44, 440 feet West of the said Southwest corner of.said Schmidt tract; thence North 0 9' East to said point on the South line of said D.L.C. No. 44 which is 440 feet from the Southwest corner of said George Schmidt tract;, thence continuing North 0 9' West 1980 feet to a point,on the North line of said Section 14; thence'East 440 feet to the point of beginning; excepting therefrom the follow- ing described portion thereof: Beginning at the ;Northeast corner of tract hereinabove first described; thence South along the East line thereof. 200 feet to an iron pipe; thence West 175 feet to a point; thence North 00 91. East 200 feet to an iron pipe in the North line of tract hereinabove first described; thence East along the North line of said Section 14, T2S,.R1W, W.M., 175 feet to the point of be- ginning. BooK I223 PACE 9 43 PAGE I EASEMENT EASEMENT (Continued) This easement shall be for the construction, maintenance 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 pipelines and/or mains and the further right to remove all obstructions interferring 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 whom- soever. 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 mainten- ance and repair work. 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. Date: Oct. /o. /97/ ~Zit(A M. Herndon r 1 Donald Lewis Nancy K. L •s Harvey L. ss Ju th A. Knauss GRANTORS State of California ) ss County of Santa Clara ) On this 10th day of October 1977, CD before me, the undersigned, a notary public in the foresaid county and state, personally appeared the within named ,a,- " 11_ Zita M. Herndon,, who is known to me to be the identical N individual described in and who executed the within instru- U C~" ment and acknowledged to me that she executed the same freely O and voluntarily. =ti c IN TESTIMONY WHEREOF, I have hereunto set my hand 'r and affixed my official steal the day and year last above E ,P written. 1223 P 744 Sat=. BOOK AGE Santa Clara 7~0 0 Notary PUBfic or PAGE II EASEMENT My commission expires:9 12 81 Z2593 EASEMENT (Continued) State of i6V41AIt ) SS County of Fe~ ) 17 On this day of l i.t 1977, before me, the undersigned, a notary public in the fore- said county and state, personally appeared the within named Donald W. Lewis and Nancy K. Lewis, 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 ,hanc; and affixed my official seal the day and year last o written. Notary Public, or My commission expires::' s~2 7 1,P0 State of OREGON ) ss county of Washington ) On this 9th day of December 1977, before me, the undersigned, a notary public in the fore- said county and state, personally appeared the within named Harvey L. Knauss and Judith A. Knauss, 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. C~ Notary Publ ' OREGON My commission expires: 12/12/80 STATE OF OREfDe~ SS County of Washington 1, Roger Thort wn Qiregtor of Records and Elections and' Ex-Officio:' Recorder of Con- veyances for said county,.. do - tierebjr, certify that the within butrutnant: of wrPtir(q,.was received and recorded ia.`book •of._ records.; . No. of said County , Witness my"•;iraiid and-seal fixed. r BOOKI ,~3 PAGe - RQ6E'R. 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