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2760
EASEMENT 2 7 6 0 FORD LEASING DEVIIAPMENT COMPANY, INC., a Delaware Corporation, "Grantor," in consideration of the sum of One Dollar, the receipt of which is acknowledged, paid by TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, "Grantee," does hereby grant, bargain, sell, convey and transfer unto Grantee, its successors and assigns forever, an easement over and upon the following described real property: An easement 10 feet in width on the property described as follows: Beginning at the northeast corner of Lot 36, Block 17, WEST PORTLAND HEIGHTS, Washington County,' Oregon; thence west along the north line of Lots 36 and 9. Block 17, 25.5 feet to a point 5 feet east of the north- east corner of Lot 36, Block 18; thence south 509.83 feet to a point 5 feet east of the southeast corner of Lot 8, Block 23; thence east 10 feet to a point; thence north along a line parallel with the westerly boundary of the vacated S.W. 67th Avenue 499.83 feet to a point 10 feet south and 15 feet east of the northeast corner of said Lot 36, Block 18; thence east 245 feet to a point l0 feet south of the north- east corner of.said Lot 36, Block 17; thence north 10 feet to the point 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 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 pipeline and/or mains and further right to remove all obstructions interfering with the location, construction and maintenance of said pipeline and/or mains. Grantor, its successors and assigns,.does covenant with Grantee that it is lawfully seized of the hereinabove-described real property and that it has the lawful right to convey same, and that it will warrant and defend the title thereto against the lawful claims of all persons. To have and to hold said easement and right of way unto grantee, its successors and assigns forever. o~•/~ EASEMENT - Page 1. BOOK or,8 F'•.uE.185 EASEMENT (Continued) 2'60 f This grant is made subject to the terms and conditions set forth in Rider A, attached hereto and made a part hereof. IN TESTIMONY WHEREOF the Grantor has hereunto caused its name to be signed and its corporate seal to lze affixe~3r its officer thereunto duly authorized this"day of C~ 19-2L. FORD LEASING DEVELOPMENT CgWANY.,,,. J• A. CO('arL ° s~• f; ° `e~ U$TE$-. Its ASSISTANT... St Lin STATE OF MICHIGAN ) ) SS COUNTY OF WAYNE ) On this ay of , 19ZZI before me personally appeared 14 le to me known to be the s, s imxif- of the corp ration that executed the foregoing instru- ment, and knowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. ,F . °d Given under my hand and official seal the day and year laa above written. - e, ' - 'ter -r2 's M ~ u V' 'Oo Nota;f Public or the County,of°W 1; Sta of Mi an u 10fiN 1. O?RIL*.' . Notary Pubic 0akWd1rat0" Acting in Wayne Caunty, Mich. My Commission Expires Aug. 7. 1971 BOOK 828 PAGE 186 k1DEER A 2760 ` i 1. RIGHT TO USE: Grantor shall at all times have the right to make such other use of the easement area as shall not be inconsistent with r the exercise by Grantee of the rights and privileges granted to it hereunder. 2. EXISTING RIGHTS: The easement hereby conveyed is granted subject to the existing rights, if any, of third persons. NO SURFACE RIGHTS: This instrument shall not be deemed to give or grfji-it any rights in or to the surface of any land except as herein expressly set forth. 4. TERMINATION BY NON-ISE: If Grantee shall discontinue use of the easement area for the above stated purposes for any period of 18 or more consecutive months, all rights grunted hereunder shall cease and terminate, and, upon demand of Grantor, Grantee shall remove all its property and equipment from the easement area and Grantee shall cooperate with Grantor in the preparation and recording of evidence of such termination if Grantor deems it ne--essary or desirable. REMOVAL OF PROPERTY: Upon any termination of this easement, Grantee shall, at.Grantee's sole cost and expense, remove all of its property and equipment from the above described premises and restore the same sub- stantially to the condition in which they were at the commencement of the easement. 6. INDEMNIFICATION: Grantee shall protect, indemnify and save Grantor harmless from and against any and all liabilities, obligations, claims, damages, penalties, costs and expenses (including, without limitation, attorneys' fees and expenses) which may be imposed upon or incurred by or asserted against Grantor by reason of (a) any accident, injury or damage to any person or property occurring or claimed to have occurred on or about the Easement Parcel or any part thereof which was not the result of the negligence or willfull act of Grantor or its agents; and (b) any failure on the part of Grantee to perform or comply with any of the terms hereof. STATE OF OREGON D E X bwnty of Washington ss I, Roger q~ or of Records and Electio r Efl6uf~f~ der of Con- that nths ~ Y certify was receiv r~ .i•..` cord No. of s i Witness ~ i rector of ft ds Vo I So Deputy ggNl g-7a~3 - - lz~ ~nnK 828 WASHING`! _A COUNTY OREGOii f - SCALE I 100' SEE PIMP - IS 136DD + - WAQTMOU u H ST zoo' C9° 53, w. 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