9070
...'9070
EASEMENT
.KNOW ALL MEN BY THESE PRESENTS, that George U. and
Margaret E. BENZ, husband and wife, 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 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 westerly 20 feet of the following
described property:
All of that part of .Lot 21, Willowbrook
Farm, a duly recorded subdivision in Section
15, T2S, R1W, W. M., Washington County, Oregon,
more particularly described as follows, to wit:
Beginning at the Northeast corner of said
Lot 21 and running thence South along the East
line of said Lot 21, a distance of 294.2 feet
to an iron pipe; thence N 85° 27' W 595.1
feet to an iron pipe on the west line of said
Lot 21; thence North 248.0 feet to the North-
west corner of said Lot 21; thence East along
the North line.of said Lot 21 to the said place
of beginning, being the said Northeast corner
of said Lot 21
This easement shall be for the construction, main-
tenance and repair of an underground pipeline and/ox 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 interfering with
the location, construction and maintenance of said pipelines
and/or mains, save and except that Grantee shall in no wise
construct, maintain or repair any underground pipeline and/or
mains, as aforesaid, in such a manner as..will disturb, inter-
fere with, relocate or touch upon Grantors', present tile and
irrigation pipes, irrigation pool and laurel hedge situate on
the real property described herein. Grantee further covenants
and agrees to install, construct, maintain and repair the
aforesaid underground pipeline in.suc4_a.manner as to go under
and around..a presently existing driveway situate on the most
westerly 20 feet-of the above described real property, and
Grantee further covenants and agrees to oil the surface of the
adjacent roadway upon the completion of the initial construction
and at such times as the roadway surface may be disturbed by
way of maintenance and repair of the said pipeline.
PAGE 1 EASEMENT
oa~c.Ur, 765
90'7®
EASEMENT (Cont'i'nued)
Grantors, their heirs,. executors, administrators,
and assigns, do hereby covenant with Grantee that they are
lawfully seized and possessed of the here-inabove 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.
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
George BENZ
M t E. BENZ
GRANTORS
State of Oregon )
ss
County of Washington )
On this -WdY ay Fof , 1974, before me,
the undersigned a any ublic. n e a oresaid count a
y and
state, personally appeared the within named''GeorgeU..Benz, 'and
Margaret E. Benz, who are known to me to be the Identical indi-
viduals descHEed in and who executed the within instrument 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 las above written.
Notary Publi Oregon
My Commission expires:
V b filed tT g"M4:...:.~!-- ~a a►~ a~:~c A est. w~.
ROGER
Page II EASEMENT a9.............. _ .~1
BOOK:LU. PAGE 766
STATE OF OREGON
r'"
ss
County of Washington
i
I Roger Thomssen, Directgr of Records
and Elections and Ex Officio Recorder of Coo-
veyances for said county, do hereby certify i
that the within Instrument of writing was
received and recorded in book of records
No. - -
of sold County
Witness my hand and seat offixed. A
ROGER 7HOMSSEN, Director of O
Recads $ Elections p . O
DWAy
HM rr Ea 54 A 74