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15535 15535 EASBM SNOW ALL Aid W THESE PA'S, that WCALL OIL & ' CMUCAL CORPORA._ TION, hereinafter referred to as "Grantors" for and in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, to eas paid by TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, hereinafter. referred to as "Grantee", do hereby grant, bargain, sell, convey and transfer unto Grantee, its successors and assigns forever, a per- manent easement ever and upon the following described real property, to Vitt The east 10 feet of the.southerly extension of S. W. 981' Avenue of the following described property located between the Southern Pacific and Oregon Electric Railroad right-of-ways: Lot 21, North Tigardville Addition, Washington County, Oregon; excepting therefrom that portion platted as Amended Plat of North Tigardville Addition; Also excepting therefrom that portion lying southerly of the northerly line of the Oregon Electric Railroad right-of-way; Also excepting therefroffi that portion lying northerly of the southerly line of the Southern Pacific Railroad right-of-way.. This easement shall be for the construction, maintenance and re- pair 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 inelude 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. Grantors, their heirs, executors, administrators and assigns, de hereby covenant with Grantee that they are lawfully seized and possessed of the kereinabove described real property., and that they have a lawful right to convey same, and that they will warrant and forever.defend the title there- to 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 eonditisa.saa nearly an is practi- cable upon the completion of construction and upon completion of any s:abse- quent maintenance and repair work. 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 reasonable coat of repairing same. e4~ PAGE I EASEHM sax;; 63 pAuF7 . J.55 5 3 5 EASEMM (Continued) 20 HAVE ARID 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: y 3, 12 Y _~yyw )yI z jj 1'e- e- 1"-;t GRANTORS State of Oregon ss County of Multnomah On this day of 19749 before me, the undersigned, a notary public in the foresaf county and state, per- sonally appeared the within named Ernest H. McCall and vho are I!mowti to so to be the identical. individuals described in and vho executed the within instrument and aekaov- ledged to we that they executed the same freely and voluntarily. IN TESTIMONY WHOMP, I have hereunto set my hand and affixed my official seal the day and year last above written. b1otary Public fo-rl ley commission expiress Apr. 5, 1974 "o_>? STATE OF OREGON ss County of Washington 1, Roger Thomssen, Director of Records and Elections and Ex- icio Recorder of Can- veyances for said county, do hereby certify that the within Instrument of writing was received and recorded in book of, records No. p of sold County / Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections 7 a T PAGE II EASEMWt 4 GO'.11~ 63.%E74 MC-CALL OIL AND CHEMICAL CORPORATION 1254 LLOYD CENTER ERNEST H. MCCALL PORTLAND, OREGON 97292 February 13, 1974 Mr. Bob Santee Tigard Water District 884.1 SW Commercial St Tigard, Oregon 97223 Dear Mr. Santee, Please find enclosed a signed copy of the easement which you sent to us which will permit you to cross the SE corner of our property between SW 98th Ave. and Tigard street. As aresult of our conversation today we understand that you will not destroy any trees by installing this water line. We also understand that you will install a 6" T in the middle of our property which can be used at some later date to supply water to the South half of our property which lies between the Southern Pacific and Oregon Electric Railroads. It was a pleasure working with you. Very sincerely yours, Ernest McCall Vice President EM:mm