6625
AGREEMENT TO
AMENDMENT OF EASEMENT
James J. Praggastis and Kay K. Praggastis, husband and wife, and
David J. Alexander and Jeannine G. Alexander, husband and wife,
as present owners of the property and firstgarties herein, and
Tigard Water District, as grantee in easement recorded September
18, 1968, in Book 7150 Page 606, Deed Records, Washington County,
Oregon, and second party herein agree as follows:
i
Whereas, on April 27, 1971, by instrument recorded May 14, 1971
in Book 817, Page 404, Deed Records, Washington County, Oregon,
the easement recorded in Book 715, Page 606, was amended in
order to go around one of the buildings on the property and whereas
the point of beginning therein was designated as "Commencing at
the Northeast corner of Lot 3, Amended Plat, Canterbury Place"
and whereas said.point of beginning should have been at the inter-
section of the North line of Lot 3, Amended Plat, Canterbury
Place, and the Westerly line of Pacific Highway 99.
Now therefor the said point of beginning is hereby changed an-d-'
corrected and description change in amended easement to read as
follows:
Commencing at the intersection of the North line of :.Lot 3, Amended
Plat, Canterbury Place, Washington County, Oregon,,..-and the Westerly
line of Pacific Highway 99, in the County of Wa*hington and State
of Oregon; thence Westerly along the Northerly boundary of said Lot
3 a distance of 240 feet to a point which is the true place of
beginning; thence onto Lot 2, Amended Plat, Canterbury Place, an
easement 10 feet in width North 59'00' West 104 feet to a point;
thence South 76'00' West 35 feet to a point; thence South 31'00'
West 48 feet to the Northerly boundary of said Lot 3.
(Continued)
Page 1
' ------•----------------arid- - .
.
of Directors, and
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affi;:ed
my official seal the day and ye,pr last above writte:i.
Notary Public for Oregon.
My Commission expires . February__2•,_.-1975
Page 2
Dated this day of A'
es J. P a as is
L4 in,
r
Kay„ IiX4- gastis
• ~YSa~v~d A'Iex 'der
Jeannine G. Alexander
Tigard Water ,District
By
President
Secretary
FORM NO. 23 - ACKNOWLEDGMENT
STATE OF OREGON, STEV EN S-NESS LAW PUB. CO.. PORTLAND, ORE.
G
County of...~
BE IT REMEMBERED, That on this X4' ~ .................day of----------- .-_.-Atu311S.t__.__..__-.-..._, 19_73.,
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
named - James....'_ _Praggastie---and.-Xay..X.----Pragga.stis,----and-------------...---------...--------.._ '
David. J...Alsxander.-_and--Jeannine G._..Alexander
- - -
known to me to be the identical individual.--... described in and who executed the within instrument and
acknowledged to me that. ;.c/. 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 Publz re o .
- - - -
My Commission expires
FORM No. 24-ACKNOWLEDGMENT-CORPORATION. STEVENS-NESS LAW PUB. CO.. PORTLAND. ORE.
STATE OF OREGON,
ss.
County of--- Washing_on---------------•--_--- On this....15 th------day of............. ..Ans3ust-----. , 19.7.3-.,
before me appeared .................Clarence -F.-- Ni -coli and
an
Don W. Thomas both to me personally known, who being
_.-.Nicoll.-_-•_-
duly sworn, did say r.lar ene F that he the said C.. _c____.___._.
is the ................President, and he, the said ----non- W,_ Thomas
is the Secretary of._..........Tigarcl- -WatEw--.District-------------
_ the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora-
tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board
of Directors, and............ and.....................
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seed the day and yVr last above written.
.
f I
Notary Public for Oregon.
My Commission expires......February -2, 1975 -
6625
EASEMENT
SNOW ALL MEN BY THESE PRESENTS, that Iron Mountain Investment
Company, an gisegan hereinafter referred to as "MUNTOR", for
and in consideration of the sum of $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", 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:
Commencing at the northeast corner of Lot 3, Amended Plat, Canter-
bury Place, in the County of Washington and State of Oregon;
thence westerly along the northerly boundary of said Lot 3 a
distance of 240 feet to a point which is the true place of be-
ginning; thence onto Lot 2, Agended Plat, Canterbury Place, an
easement 10 feet in width N 59 00' W 104 feet to a point;
thence S 760 00' W 35 feet to a point; thence S 32 00' W
48 feet to the northerly boundary of said Lot 3.
This easement is in addition to and conjunction with the ease-
ment document recorded in Book 715, Pages 606 and 607, Washington
County Deed Records, State of Oregon, dated May 22, 1963 which
grants an easement to the Tigard Water District for the northerly
10 feet of said Lot 3. That portion of the northerly 10 feet of
said Lot 3 which is.by-passed by the provisions of this new ease-
went document as described above is hereby voided.
This easement shall be for the construction, maintenance and repair
df 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 rea-
sonable 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 pipeline 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.
Grantors, their heirs, executors, administrators 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 rea-
sonable cost of repairing same.
Grantee, its successors and assigns, does hereby covenant that it shall
restore said real property to its original condition as nearly as is practica-
ble 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.
PAGE I - EASE{EW. 0~ / m404
- - -
6625
E A S E M E N T (Continued)
Dated: April 27, 1971 , 1971 IRON MOUNTAIN COMPANY
(Title)
(Title)
GRANTORS
STATE of OREGON )
County of Clackamas ss.
April 27 , 1971
Personally appeared James J. Praggastis and
David J. Alexander who being each duly sworn did
say that the former is the and the latter
is the of IRON MOUNTAIN INVESTMENT
COMPANY, , that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said corporation by.au-
thority of its Board of Directors; and they acknowledged said instrument
to be its voluntary act and.deed.
Before me:
Notary Public for Oregon
My Commission Expires: 9/27/74
71,E 4
STATE OF OREGON
ss
County of Washington
y I, Roge rn r of Records
and Electio ar~EAPi~1b r of Con-
veyonces r Qai by certify
that th i ' 0 ting was
re
ceiv b ords q
No.
of sae e~in1 J1 , J
Witness \~1
_ erector of
e )o
n
PACE II - EASEMENT 2,F Deputy
aL 4 5
<'k • N NE 1/4 SEC TIO N,- r T-2S R I W !!I/. M.
WASHINGTON COUNTY bREGON
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