90-58095
- 90-58095
Washington CoU ft
TIGARD WATER DISTRICT
8777 S.W. BURNHAM ST.
P.O. BOX 230000
TIGARD. OREGON 97223-9917
September 28, 1990 PHONE (503) 639-1554
John P. Bagan, Jr. Parcel 1
10910 SW Greenberg Rd.
Tigard, OR 97223
Subject: 24° Transmission Main on Greenberg Road
Dear I& Bagan:
We have been having discussions regarding the granting of a water line easement to the
Tigard Water District which will permit the construction of a 24 inch transmission line over
the most Westerly portion of your property.
Upon receipt of the executed water line easement and subject to approval, the Tigard Water
District agrees to the following:
1. To compensate you in the amount of NINE HUNDRED AND 00/100 DOLLARS
($900.00)
2. To move the existing chain link fence back from the road rig) , i - of-way a distance
of 30 feet and to make a temporary installation of the fence during o ; , truction, so that
livestock will be protedted. The District is working with the City of Tigard, Oregon to
coordinate its activities during the construction of Greenberg Road, and tie fence will be
restored either by the City of Tigard or by the Water District, depending on n how the work
is.scheduled. In either case, the Water District will ensure that the work is done.
3. To protect the existing Beaver Dam on the property from harm caused by
construction activities.
4. To charge the newly constructed water line with Chlorine and to run purity tests
prior to restoration of the pond, so that no chlorinated water will enter the pond and
damage fish and wildlife, and to take protective measures against erosion by placing straw
bales in the path of the water to collect silt and retard the flow.
5. To clean up any construction debris at the end of the project and to remove them
from your property.
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1-4
Baps - Page 2
David Feinauer is representing the District in negotiations. Please call him at (503) 644-
3436 for. any information you may require.
Very truly yours,
John Miler, Administrator
by: R. David Feinauer, Agent
Enclosure: Water Line Easement
pc: Miller
c~-
WATER LINE EASEMENT
In consideration of the sum of Nme Hundred and No/100 ($900.00) Dollars, and /or other
good and valuable consideration, John P. Bagan, Jr., (Grantor), conveys to the Tigard Water
District, (Grantee) a perpetual easement and right-of-way over the following described
property:
A strip of land 30' in width, being a strip 30 feet wide and of even width, lying
between the easterly curved right-of-way line of S.W. Greenburg Road (C.R.
2043) and a line parallel to said easterly right-of-way and lying 30 feet east
thereof, extending from the north boundary line to the south boundary line,
and being a part of the following described propery:
Beginning at the southwest comer of the D.C. Graham Donation Land Claim No. 52,
Township 1 South, Range 1 West of the Willamette Meridian, and running thence
East along the South line of said Donation Land Claim 1007.9 feet to an iron pipe;
thence North 0° 28' East 572.9 feet to an iron pipe on the east line of that certain
tract of land conveyed to Andrew Wormsborg by deed as recorded on Page 9 of
Volume 201 of Washington County, Oregon, Deed Records, which point is the true
point of beginning of the herein described tract; thence from said point of beginning
South 85° 08' West 525.9 feet to a point in County Road No. 179 which point is on
the west line of said Wormsborg tract; thence North along said west line and in said
County Road 187.1 feet to a point; thence North 40° 00' East along the northwesterly
line of said Wormsborg tract and in said County Road 125.4 feet to a point; thence
North 85° 58' East 447.5 feet. to an iron pipe on the east line of said Wormsborg
tract; thence South 0° 28' West 271.0 feet to the point of beginning.
1. The easement is for the purpose of constructing, maintaining and repairing
water mains and water pipelines for conveying domestic waters.
2. Grantee, its agents, contractors and invitees shall have a perpetual right to
enter upon the above described real estate at any time that it may see fit to construct,.
maintain and repair a pipeline of such dimensions as my now or hereafter be required for
the purpose of conveying and transmitting the domestic water.
3. The Grantor will build any permanent structure or make any site alterations
over and above the permanent easement described above, nor will Grantor alter or use the
easement site in any manner .incompatible or inconsistent with the grantee's use and
purposes for this easement.
4. The easement shall run with the land and is binding on Grantor heirs, personal
representatives, successors and assigns.
5. Grantee will hold harmless the Grantor, their heirs and assigns from claims
from claims for injury to person or property as a result of the negligence of the Grantee, its
agents or employees in the construction, operation, or maintenance of said transmission
main.
Water line Easement - Bagan
Page 2
6. The Grantee by the acceptance of this conveyance hereby covenants, promises and
agrees to replace and. restore as nearly as practicable to the original conditions, the surface
of the soil upon the above described property within a reasonable time after the
construction, reconstruction, maintenance or repair upon any sewer line, main or conduit
therein or thereon.
7. The easement shall take effect on 1,f l9 9 0
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On this day of 1990, before me, a Notary Public
in and for the State of Oregon, Personally appeared John P. Bagan, Jr, known to me to be
the grantor who executed the within instrument, and acknowledged to me that he executed
the same for the purposes therein stated.
Notary Public for Oregon
My commission expires: ~;e^ S -
STATE OF OREGON `
County of Washington }
I, Jerry R. Han ire r of Assessment
and Taxation a - ff c o rder of Con-
After Recording Return To: veyances for d o4~in6 a reify that
the within ' Egn e rebeived
and recur dnty.
Tigard Water District
8777 S.W. Burnham St. k fRJ orEof
at x-
P.O. Box 230000
Tigard, Oregon 97223-9917 Ny
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