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86-012157 C/ 86012157 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that MARGARET A. ELLINGTON, hereinafter referred to as "Grantor", for and in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, to me paid by TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, hereinafter referred to as "Grantee", does 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 most northerly 20 feet and that portion of the most easterly 20 feet lying north of.the westerly extension of the south boundary of S. W. Fern Street of the following described property: Beginning at an iron rod on the East line of Section 5, T2S, R1W, W. M8, Washington County, Oregon, which point lies S .0 53' W, 500.35 feet from the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 5; thence S 0° 53' W, 2291.65 feet along the East line of said Section 5 to an iron pipe at the Southeast corner of that tract of land described in deed book 226, page 671; thence N 89° 37' W, 426.28 feet along the South boundary of said described tract to an iron gipe at the Southwest corner thereof; thence N 0 47' E, 2573.93 feet along the West line of said described tract to an iron rod; thence S 55° 52' E, 508.35 feet to the place of beginning. EXCEPTING THEREFROM that portion thereof lying South of a line, drawn from the Northeast corner of a tract of land conveyed to Effie D. Janicke by deed in book 387, page 290, (a point on the West line of the above described tract), East along the Easterly extension of the North line of said Janicke tract, 424.65 feet to a point on the East line of the above described tract. This easement shall be for the construction, main- tenance and repair of an underground pipeline and/or main's 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 reason- able 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. Grantor, her 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 IZ 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. 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: J-2' - (%Q. GARET ELLI ON GRANTOR STATE OF OREGON ) ss COUNTY OF WASHINGTON ) On this 24th day of March 1986, before me, the undersigned, a notary public in the foresaid county and state,, personally appeared the within named Margaret A. Ellington, who is known to me to be the identical individual described in and who executed the within instrument and ac- knowledged to me that she executed the same freely and volun- tarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. h~ E Notary Public for Oregon my commission expires: 2. Feb 1987 STATE OF OREGON County of Washington SS I, Donald W. Mason, Director of Assessment and Taxation 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 of said county. Donald . W. Mason, Director of Assessment- and Taxation, Ex- Officio County Clerk PAGE II EASEMENT A~111 35 1586%4924 %1717 1- '~l ~ r~ ~ L ✓r/a I oG ~ r jam; - _ ? ~ - ~I MAP d l - I S... 13 32 33 - 20' C A NCELLEO TAX LOTS T SOL, 001,3501,2900, f { 100, 305, 3004, 2602, ( 200 3301, 3302, 307, 2601 400,1402,,1403,1501,1503, z2e0 2400 a. 'cJ 2603.2604,2700,2800,26( rte.. 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