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83-003795 ` 63003795 I Project: S.W. 72nd-Avenue Area - LID No. 21 j Assessment Ident. No.: 7 Tax Lot No.' 300 Tax Map No.' 25-1-10C Deed Reference: Book 263 Page 305 EASEMENT FOR UTILITIES KNOW ALL MEN BY THESE PRESENTS That Paul R. Warner & Lenore A. Warner of the County of ~/osh,,,~on , State of Q~~9G„ , in Consideration of the sum of O1 e~ Do/%r to them in hand paid, do hereby grant an convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right-of-way and easement over, across and under the following described - real property situated in the County of Washington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION See Exhibit "A" Attached I This permanent easement is granted for the purpose of laying, constructing,, replacing, and maintaining utility lines, and the easement herein granted shall include the right for the. Grantee to go over, across and under said land for the purpose of installing said utility lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. Page 1 Utility Easement _ i TEMPORARY EASEMENT DESCRIPTION i None This temporary easement is granted solely for the purpose of constructing utilities within the above described permanent easement. Said temporary easement shall cease to exist Thirty (30) days from the date of certifi- cation of completion of the project by the Engineer. Grantors covenant to and with Grantee that they will not in any manner interefere with or restrict, except as herein stated, Grantee's use.-of-said easement. This right-of-way and easement is granted with the understanding that any work done by the City of Tigard pui-suant hereto will be so done as to leave the premises here described in condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right-of-way and easement unto the City of Tigard, its successors and assigns, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disburse- ments and such sum as the court may adjudge reasonable as attorney's--fees to be allowed in said action or suit or any appeal thereon. Page 2 Utility Easement The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. WITNESS our hands and seals thi s fa./b Day of Qece yrF~r , 19 8Z (SEAL) - (SEAL) x/AAA (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of , 19 Mortgagee By _ Title (INDIVIDUAL) liroy~ _ STATE OF • ) ss. County of ,~BSLl~ag~ar~ BE IT REMEMBERED That on this3~•~G~ day of fece►rs6er 190 Z, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named emu/ lyQrhei' _ and LBrlare- A• mlarnar _ who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand s` al the day and year last above written. '/A p Notary Pu is f Oregon My commission expires I Page 3 Utility Easement ACCEPTANCE- The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By : Mayor By : " City Recorder STATE OF OREGON ) . ss. County of Washington) On this ~ h day of 1913 before me appeared ~ur 0know;nwho,1;being and 4~s1 Nc~t-7 4 both to me personally duly sworn, did say that he, the said LL) ; (10 ,r is the Mayor, and he, the said riS a is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and ~J r~S 0, acknowledged th said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. N tary Public'for State of Oregon Yt r 3. Ply Commission Expires: Page 5 ~Uti_1 i_ty.-Easement Utilities Easement Description Exhibit "A" Ident. No. 7 Page 1 of 2 A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T2S, R1W, W.M., the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the "tract of land described in Book 263, Page 305 (Deed) of the Washington County, Oregon, records, (T.L. 300, Map 2S-1-1DC) which falls between a line 25' westerly at right angles and parallel to a center line and a line 30 feet westerly at right angles and parallel to said center line, said center line being described as follows: Beginning at a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0053'23" E, 3850.61 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said center line. 12/29/82 80.194.118 e~ -2",:1ron Pipe at the N.E. Corner of Exhibit "A" the W.W. Graham D.L.C. also the 1 Page 2 of 2 Initial Point of the Plat of "HERMOSA PARK" 0 z Utilities Easement o Area r+ o Ln c co M O I U Scale: 1"=50' Assessment Ident No. 7 Date: 12/29/82 Tax Lot No. 300 Tax Map No. 2S-1-1DC 20' Owner: Paul R. and Lenore A. I Warner 25' Deed Ref.: Book 263 Page 305 Utilities Easement Contains E 660 Square Feet more or less I 0 N M 30, -PO I w i M N E O z 00 I o x S.W. CHERRY DRIVE "-.r w I w z w 7 4 N i ~ I N I S.W.-SANDBURG STREET _ CD I LO Stone in Monument Box at thel Easterly S.E. Corner of the I t W.W. Graham D.L.C. D@HAAS & ASSOCIATES9 INC. UTILITIES EASEMENT MAP CONSULTING ENGINEERS & SURVEYORS L I D NO. 21 Suite 445-AGC Center (SM) x82.2450 CITY OF TIGARD, OREGON 94:x0 S W COmmeree Cireh R4s. 6764195 ~ Wilsonville. Oregon 97070 File No. 80.194.118 STATE OF OREGON County of Washington SS I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. b~ Donald W. Mason, Director of I ^ Assessment and Taxation, Ex- Officio Chief Deputy Clerk ! ?r FY, 12: I i