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78-8922 i_ 7'9- 8922 1. . EASEMENT KNOW ALL MEN BY THESE PRESENTS, that JEAN L. BRESHEARS, 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 us paid by TIGARD WATER DISTRICT, a municipal corporation in 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 Northeasterly 25 feet of the following described property: Beginning at a point in the centerline of S. W. Durham Road and bridge crossing Fanno Creek in Section 13, T2S, R1W, W. M., Wash- ington County, Oregon; thence along the centerline of said Durham Road S 60 08' E 378 feet, more or less, to the. Northerly line of the S,P & S Railroad right-of-way; thence following the curve of said Northerly Railroad right-of-way the chord of which bears S 540 33' W 263 fe8t, more or less, to a point; thence S 57 051 W 671.8 feet on the said Northerly Railroad right-of-way to a point on a line drawn North and South, said line being parallel and 30 chains east of tie west line of Section 13; thence N 00 57' W 348 feet, more or less, on said parallel line to the centerline of Fanno Creek; thence following the centerline of said creek in its meanderings to the point of beginning; EXCEPTING therefrom the most Northeasterly 20 feet which has been donated as a public right-of-way. 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. PAGE I EASEMENT h, EASEMENT (Continued) Grantor, her heirs, executors, administrators and assigns, does hereby covenant with Grantee that she is lawfully seized and possessed of the hereinabove described real property, and that she has a lawful right to convey same, and that she will warrant and forever defend the title thereto against the lawful claims of all persons whomsoever. 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. i ; 4' z-y~ JY , JEW 17.- BRESHEARS r GRANTOR State of Oregon ) ss County of Washington ) On this 22nd day of February 1978, before me, the undersigned, a notary public in the foresaid county and state, personally appeared the within named Herbert-L.& Jean L.' Breshears, who are known to me to be the identical - individuals described in d)ad who executed the within instru- ment 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. ee4 Notary Pub is or Oregon My commission expires: 2 Feb 19,79 PAGE II EASEMENT i STATE OF OREGON County of Washington 1, Roger' Thou, Director of Records and Electiont and Excio. Retarder of Con- veyances for =said countt/, do Hereby certify that the within instrument. of writing', was received and recorded ii book- of-4icordi. No. of said County • - Witness my',hand and eeal _ arEixed. ROOM THOMSSEN, Director of J j Records- & Erections:. TIGARD WATER DISTRICT INDEXED ~v~m+ 8841 S. W. COM MCML 8~~2 ~Q nclAwl OREGON 977.E3 7d Z !Ili APPROX. 1 /4 COR. SEE MAP 2S 112CD o? i j6a 3t . J 4, Je 48 k (old S \ (cq 41 T9TF y/G o No w.oT SEE MAP y~'q ti sT°TF 2S I 13AB o~ 100 3.58 AC. ~r C2 l P m74 2020 ~ S~ . Q 0t SEE MAP QQP, 2S 113AS X1300 P N 4 _ SQ\~ m FP 1400 ,Z941.40' 929 1500 9 5 m 1200 INITIAL rq POINT 6 by ,O 38' 3 9 CD 6 CD N o . VI H 45, b2 . 3 bye O~ ~g 0 / l f p Sg 01600 TC VJ j/~ R~~ o Q N `73.29 0 7 1100 p, W ? 2 ~i14 ph' co " I~~AO $Y ap0 ~\2~ Ooi 91.39' J ~ Q P S p2, 1 as' 800 1700 40 /O W 9.25 2.77 AC. m m 8 @ 0~ j 1000 4\0 s