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3836 • 383+ EASMUNT tKNOW ALL MEN BY THESE PRESENTS, that Alvy C. and Kathleen A. FLENjING, husband and wife, hereinafter referred-to as "Grantors" for and in consideration of the sum of this Dollar ($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", do 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 northerly 20 feet of the following described propertys Beginning at a point on the West line of Lot 21 of Willowbrook Farm, a duly recorded subdivision in Section 15, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, which point bears South 464.0 feet from the Northwest corner of said Lot 21; running thence South 850 27' East 155.6 feet to a point; thence South parallel to the West line of said Lot 21, to a point on the South line of said Lot 21; thence South 730 04' West along the South line of said Lot 21 to the Southwest corner of said Lot 21; thence North along the West line of said Lot 21, a distance of 658.0 feet to the place of beginning, SAVE AND EXCEPT the following described portion thereofs Beginning at a point on the West line of Lot 21, Willowbrook Farm, in Washington County, Oregon, which point bears South 864.0 feet from the Northwest corner of said Lot 21; running thence South 850 27' East 155.0 feet to a point; thence South 201.59 feet; more or less, to a pooint on the South line of said Lot 21; thence South 73 04' West along the South line of said Lot 21, 160.68 feet, more or less, to the Southwest corner of said Lot 21; thence North along the West line of said Lot 21 a distance of 258 feet to the place of beginning. This easement shall be for the construction, maintenance and repair of an underground pipeline and/or mains for the purpose of conveying water aver, 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-pipe- lines 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, do hereby covenant with Grantee that they are lawfully seized and pos- sessed 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. PAGE I EASEMENT 5ooK 994 ~AA93 EASE MEATT (Continued) 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. Grantors, their heirs, executors, administrators and assigns, do further covenant that in the event they are responsible for destruc- tion of said water line or interruption to the water service, they hereby agree to pay the reasonable cost of repairing same. 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: 011 1 ITII~ Alvy Fleming Q ° Kathleen A. Fleming GRANTORS State of Oregon ss County of Washington On this day of , 1974, before me, the undersigned, a notary public i e resaid county and state, personally appeared the within named Al C. Fleming and Kathleen A. Fleming, vho are known to me to be the identical individuals described in and who executed the:.-.within instrument and,achnowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set.my hand and'affaxed my official seal the day and year last above written. Notary Public for Oregon f My commission expires: 4j -cotd ~f. f~~'~~ TFfi.J~SS~1Q. l~suetat o~ Rsaoide S1ecGone i f PAGE II EASEMENT BOOK 994 PAu294 - - ,i I - I r STATE OF OREGON County of Washington I Roger Thomsen, Director of Records and Elections and Ex-Officio Recorder of Can- veyonces for sold county, do hereby certify that the within Instrument of writing was received and recorded In book of, records ~e No I Uw of sold County AA16 Witness my hand and seal affbaad. q ROGER THOMSSEN, Director of a Records & Ek+ctbn; ~+1 U N SEP 26 1 29 PH'74 i