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1047 j 1041 , WATER L I NE EASEMENT THIS EASEMENT, dated the 4th day of November, 1970 by and between ANTARES, INC., a Delaware corporation, hereinafter termed "Grantor", and the TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, hereinafter termed "Grantee", W I T N E S S E T H: FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged by Grantor, Grantor hereby grants to Grantee the non-exclusive easemeri't and right of way to construct, maintain, operate, repair, renew and remove underground waterlines and/or mains necessary, fixtures and appurtenances, as Grantee may from time to time require, hereinafter termed "Facilities", subject to the terms and provisions herein, with the right of ingress and egress to and from the same,-'in, upon, and across that certain real property outlined in blue on Exhibit A, attached hereto and made a part hereof` situated in the County of Washington, State of Oregon, described as follows, to wit: An easement 10 feet in width beginning at the intersection of the South line of S. W. MacDonald IN IAL Street with the Southeasterly line of -th-West ► .-S-ide °Pacific Highway; thence South 33 57' West along said Southeasterly line.a distance of 160 feet- on the following described property: Beginning at the intersection of the South line of S.W. MacDonald Street with the Southeasterly line of that certain tract of land conveyed to the State of Oregon by deed recorded June 13, 1931, in Book 147, at page 219, Washington County Deed Records, which line is the DIAL Southeasterly lane of the west Side -e-€ Pacific Highway; $ thence South 33 57' West along said Southeasterly line a distance of 160 feet; thence South 64 18' East a distance of 1.13 feet; thence Northeasterly to a point on the South line of S. W. MacDonald Street which'is East 125 feet from the place of beginning; thence West along the South line of said MacDonald Street 125 feet to the place of beginning.. Grantor and their Lessees hereby covenant with Grantee that it is lawfully seized of the hereinabove-described real property and that it has Jawful right to convey same, and that it will warrant and defend the title thereto against the -JAwful claims' of all persons. sac 809 PAcM1 - Jt047 Reservations: Grantor, for emselves and their lessees, hereby reserve the right to use the real property for purposes not inconsistent with the rights hereby granted, Prior Rights: It is understood and agreed that the permiss.ion and privileges herein granted are subordinate to and subject to all valid and existing licenses, leases, grants, exceptions and reservations affecting said premises. Terms and Charges: Grantee shall pay, before the same become delin- quent, all taxes, charges, rates and assessments levied upon or against any and all Facilities, placed by, or for, Grantee on said property, and the Grantee shall reimburse Grantor for any sums paid by Grantor to protect Grantors' title from the lien of any such tax or assessment. Construction and Maintenance: Grantee warrants that ingress and egress to the service station located on a portion of Grantors' above- described property shall not be interrupted during the construction of said Facilities and further warrants that any improvements Grantors or their lessees have made on this property will not be damaged in any way. Grantee shall and will construct, reconstruct, maintain and operate said facilities so as not to interfere with any existing pipeline or pipelines, storm drains, power lines, telephone lines or other structures in or on said premises, not obstruct the use or enjoyment of said premises by Grantor or their lessees. Grantee shall restore the surface of said premises as nearly as possible to the same state and condition it was in .prior to any construction hereunder. Operations: Grantors, their heirs, executors, administrators and assigns, covenant with Grantee that in event they are responsible for destruction of said Facilities or interruption to the water service, they hereby agree to pay the reasonable cost of repairing same. Grantee, in the exercise of the rights granted to it hereunder, shall not do or permit to be done any welding or operations involving sparks or flame within a distance of 300 feet from any oil or gas well, or oil, gas or gasoline container, or place of discharge to atmosphere of oil, gas or gasoline, - 2 - 81)ll1f 809:. 782 1047 whether located on the premises or on adjacent lands, without prior consent of Grantor and their lessees, and then only subject to and in accordance with the provisions hereof and such other conditions as may be expressed in said consent. Termination: It is hereby agreed that the easement and right of way hereby granted shall terminate in the event that Grantee shall fail for a period of one year to maintain and operate the Facilities con- structed hereunder. Indemnification: Grantee hereby releases and discharges Grantor and their lessees from all claims and demands by Grantee for loss of or damage to Grantee's property, and agrees to indemnify Grantors and their lessees against and save Grantors and their lessees harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others, for loss of or damage to property, or injury to or death of persons, which may result directly or indirectly from the granting, use or termination of, or operations under this agreement. Grantee agrees to pay Grantors or their lessees in full and promptly upon demand for any and all loss or damage to Grantors' or their lessees' property caused by Grantee by, or growing out of any operations of Grantee hereunder or in connection herewith. Notice: Any notice provided for herein to be given by either party to the other may be served by depositing a sealed envelope containing a copy of such notice, addressed to said other party at their principal place of business, in the United States mail, postage prepaid. Antares, Inc., c/o Dillon, Read & Company, Inc., 46 William Street, New York, New York, 10005, Attention: John C. Prizer, Jr. Tigard Water District, c/o Robert E. Santee, 8841 S. W. Commercial Street, Tigard, Oregon 97223. Union Oil Company of California, P. 0. Box 7600, Los Angeles, California 90054. Successors and Assizns: The terms and conditions of the agreement shall inure to the benefit of and be binding upon the successors and 3 - (IOK PAw 783 10 4'7 assigns of the parties hereto, and the easement and right-of-way herein granted shall and hereby does constitute a covenant running with the land, binding upon successors and assigns of the Granters. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above set forth. ANTARES, INC. B v W'k m 'President v/. By Secretary (Grantor) moo ' y j , o C .d :C . 4• Gtp' Ra O'P,Y T I GARD WATER DISTRICT a v= (Gra•nte"'e' f p ti e ash State of New York ) ss County of New York ) ~ ~ On this (o day of TA IV VALIZ in the year A. D. 1''9~ before me N A. Nidw ►1e,41 a Notary Public in and for said County and State, residing therein and duly commissioned and sworn, personally appeared DOWAid LAlxd 0) L-,o i-T known to me to be the President, and C, J),E- VC (,4 known to me to be the Secretary of ANTARES, INC., the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State My Commission expires • P - - NOTARY PUBLIC, State f Ne97 Yol No. 24-632' JJO Qualified in Kings County ~ Cert. filed in Now York County Commission Expires March 30,. '9 ~ D- BOOK . 8 PAM784 10 41. FORM NO. 29 - ACKNOWLEDGMENT STATE OF OREGON, STEVENS-NESS LAW PUB. CO.. PORTLAND. ORE. ss. County of dashing-tou-------------------- BE IT REMEMBERED, That. on this 9-01 day of..... March before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named ---C..... iCQ1is---Gbft n...Qf ..TigALrd..W.axex.._D_i.stricX-.and--I---A.--.Wiped,--S.ecr-etary_--of--------- Tigard ~atgr llr.i=i~t *nown to me to be the identical individual-s- described in and who executed the within instrument end acknowledged to me that-----they ---------------executed the same freely and vohmtarily- Lr IN TESTIMONY WHEREOF, I have hereunto set my hand and filled my official seal the day and year last abo o.igtittert• y ' ~z Notary Public for Oregon. My Commission expires... December---4.,--.197.1---------------- CONSENT The undersigned, as Lessee under lease dated May 25, 1962, hereby approves and consents to the giving of the foregoing easement, subject to all the terms, covenants, conditions and agreements set forth therein. UNION OIL COMPAtd. OF CALIFORNIA r' 1 i , By j.'G N 'A GfNERAL'MANAGERDIYISIONAL s f YNID 76 DIVISION YIESTERN RES" 104A Sy $ JL.GMMH X4 51 sit `nt Sec.reta:ry CONSENT The undersigned, as Lessee's sublessee' ..urld-er k.ea`se dated May 26, 1969, hereby approves and consents to the giving of the foregoing easement, subject to all the terms, covenants, conditions and agreements set forth therein. Ronald A. Lohse 'oAsE785 1047 STATE OF California ) ss COUNTY OF Los Angeles ) On this day of Air? in the year A. D. 1970 before me Joanne Q. Hovdan a Notary Public in and for said County and State, residing therein and duly commissioned and sworn, personally appeared 4L & 2uewald known to GENERAL M41AN UR pjyyg(o , me to be the 4dggsM and B. S.. Golleob. known to me to be the Assistant Secretary of UNION OIL COMPANY OF CALIFORNIA the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my band and affixed my official seal the day and year in this certificate first above written. mlmwla~mulatlwlrommmmmamuntRWnWlwmaaeluwzlt OFFICIAL SEAL JOANNE G. HOVDfN Not Public in and or said County and State NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN My Commission expires LOS ANGELES COUNTY My Commission Expires December 16, 1973 W Wi1WNISYSW11UUlYlU1111U1W W W IUUIIWUINNt111W1111IW IIIUIYWNUIUIUIIUI FORM 991A 1/61 500 PRINTED IN U.S.A. STATE OF OREGON ss. COUNTY OF WASHINGIMIB1 ) On this day of , 19 ~1 . before me, a Notary Public in and for said County and State, residing tlier4{n 004 #Wy commissioned and sworn, personally appeared Ronald A. Labse mod`' ,:try , personally known to me to be the personywhose names jrf`is st}Z:s 6~d,~A the _4ithin. instrument and acknowledged to me that tkay executed the same as their free and voluntary act and deed fos the rises aid pttsposes therein mentioned.L ~t'•'• IN' WIt4l E5$ *HEREOF, I have hereunto set my hand and affixed my official seal thed, year in this certificate j'Arst above wAt~,tQ~1 otary Public in anCountyj d St/ (Seal) Hy Commission.expires BOOK 809 .7% -__~..~••'~.►~'~'"'~~~'!r eo►a pr w•PruT pAr,ua~ L se~ot ~rtfa•~ue bevcs Dwr~u9 ~.a t - tl r--'ry ` 4y 0=-. 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POt<- b • r„`_.~~_. cwc¢«s APrr?sACH Atz2AN~'~tt\EN9 <.r.w • A.,w ~Q~ GE c~T Af~^ODpNA ST- D 1, pAGt~tG K~ pe.El~~N _ Teo past fist : Yttsb2o v ol~ ~O"'aahT NYeXgr r ~~rr r(/gTtet MAW OF GpL1FORNtn re-~'.a" r,7 A L~ACIFtC NtC~Nyt/ ~-e To. geoocds w_-t4 o ~I STATE OF OREGON ) i 1} ss County of Washington I, Roge mm~qq~~ r of Records} and Electio arE~+9PP~ er of Con- veyances r ~i db' by certify i that th i 0 ting was receiv ords No. of sai n " cn k OZ' Witness rector of sC I~gtion r MAR Deputy 4 l4f X// / PV t A TIGARD WATER DISTRIC 8841 S. W. COMMERCIAL ST.. TIGARD, DREG ON 97223 PHONE (503) 639-1554 March 22, 1971 Mr. W. M. Shreve Manager Operations and Services Union 76 Division: Western Region P.O. Box 76, Portland, Oregon 97207 Dear Sir; Thank you for your letter of February..9, 19710 In accordance with your instructions the water easement document was recorded at Washington County, Oregon after,signAtures were obtained of the Chairman and Secretary, Board of Commissiohersf.Tigard Water District. Attached are duplicates with the-recording information for the records of Antares and Union. Your attention in this matter is appreciated. Very;truly yours, TIGARD WATER DISTRICT XRobe E. Santee` Administrator "W OF84CEB OF WHEELOCK,RICHARmaox,'NIEHAUS,BAINES Sc MURPHY 505 FR"xwx Hun n[xo C. E. WREELOCK PORTLAAIn, ORE i3OBI 97e 04 CLYDE R. RICKAROBOx RUeBELL R. NIEHAUa TEISPxoxz ee4.5930 KExxETR W.HAIxEB EnwAnn J: MURPHY, JR. WILLIAM C.001LVY February 16, 1971 Mr. Robert E. Santee, Administrator Tigard Water District 8841 S. W. Commercial Street Tigard, Oregon 97223 Re: Antares, Inc. - Tigard Water District Easement Dear Bob: Enclosed are the three executed copies of the captioned Easement, which I have examined. This Easement is acceptable, with the ex- ception of the Indemnification paragraph, which appears to be in- consistent with the first sentence under the Operations paragraph. The first sentence within the Operations paragraph grants to the District the right to require the Grantor to pay all necessary expenses incurred in correcting any damage to the system caused by the Grantor. This sentence is important; however, the Indemni- fication paragraph appears to eliminate this obligation. I realize this document'has been executed within states adjacent to both oceans and probably would require five years and numerous conferences to eliminate the Indemnification paragraph. Therefore, the Commissioners may choose to accept the practical approach and execute the agreement in spite of the Indemnification provision. This is a policy decision, and it is important to point out to the Commissioners that, by virtue of this paragraph, the District may be unable.to require the Grantors to pay the cost of repairing damage caused by them. Vet ruly yours, Ke neth W. Baines i ; KWB:jb Enclosures 3 Union 76 Division: W, --irn Region Union Oil Company of ;;alifornia P. O. Box 76, Portland, Oregon 97207 Telephone (503) 2247600 union February 9, 1971 Tigard Water District 8841 S. W. Commercial St. Tigard, Oregon 97223 Attn: Mr. Robert E. Santee, Administrator Re: Union Service Station 4889 Pacific Highway & McDonald Tigard. Oreizon Dear Mr. Santee: We attach for the Tigard Water. District's execution original and two copies of a Water Line. Easement dated November 4, 1970, whereby Antares, Inc. grants and Union Oil Company of California, as Lessee, and Ronald A.'Lohse, as Sublessee, consent to an easement over subject property for water line. purposes. Following the necessary recording of this document,,kindly return the attached duplicates with the recording information for the records of Antares and Union. Very truly yours, UNION 76 DIVISION UNION OIL COMPANY OF CALIFORNIA W. M. Shreve Manager Oper s Services D. C. Rober on DCR:va Attach.