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4830 11 & W EQUIPM-ENT CO. 5000 S E, z5 th, ave. Portland, Oregon 97zoz z3z - 4157 May 7, 1973 City of Tigard 12420 S. W. Main Tigard, Oregon 9722.3 Attention: Mr. Nick Hiebert RE: SALEM FREEWAY SUB- DIVISION Gentlemen: We are enclosing herewith for your records the Utility Easement granted by Oregon Toro Distributors, Inc. to the City of Tigard. Very truly yours, T & W EQUIPMENT CO. Ralph R. Nelson RRN:ds Encl. ~_1D v 3 `~9"r 3 ...,T~ n~ TtGRRD I , l 480 n ''.sect Salem-Freeway Subdivision Ea ement mm Utility__ _ KNOW ALL MEN BY THESE PRESENTS.- T~_ at we (1) Oregon Toro Distributors, Inc. an Oregon Corporation hereinafter- termed grantor(s), in consi.derat ton of the sump of $ 1.00 _ to be paid by CITY OF TI.GAY,.D, a. r;unlicipal coruorat.ion,, of Oregon, hereinafter termed the City, hereby grants bargains, sell, and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes: to perpetual easement-. An unencumbered perpetual right-of-way and easement for the purpose of constructing, reconsrruucting, operating, maintaining, inspecting and repairing of -vni underground _utilities_ and appurtenances, together with the r°',ght to remove as necessary, vegetation, foliage, trees and other obstructions within; the easement area, but reserving to the grantors the title to the lands, subject to the easemlen;t, a.nd t1hle right to make suc a use thereof, except to construct budid,ncrs,, as will not interfere with the uses and purposes of the easement said easemennt, area being 2.5 feet on each side, when.7measured at right angles,, of the following described center lf.inee Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence South 020 33' 20" West a distance of 390.28 feet to a point; thence North 880 53' 00" West a distance of 52.52 feet to the true point of beginning; running thence South 020 33' 20" West, along the herein described perpetual easement centerline, a distance of 160.00 feet. 20 Temporary easement-. Together with the temporary right: of ingress, egress and regress, and use f®r -----c construction purposes, of additional lands lying parallel to, along the sides and within 2.5 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion of the ccnstructian works at which time, upon request of the owner, the City will. issue a written release thereof o Should it be necessary -to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be :removed and disposed,of by the City and the City shall leave the easement area in a neat and work- manlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said underground ~ Utilitie the City will lease the premises in a newt and workmanlike condition) and as nearly in the pre-existing state as practi.cablle. Page 1. Easement - 800( J'i~: IT , ' . 48 3® 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 this 51h. day of - May , 1973 , Oregon Toro Dist tors, Inc. (SEAL) (SEAL) Pres. (SEAL) (SEAL) c Treas.,. (SEAL) (SEAL) ( eration, the mortgage lien on the above described y subordinate to the easements above granted. day of _ 19 0 Mortgagee BY Tithe STATE OF OREGON sso County of on this day of ll9 personallly appeared the above named and acknowledged the foregoing instrument to be th 'r voluntary act and deed a Before sue Notary Public for Oregon my Commission Expires Page 2 Easement B001, 345 ;ncES89 FORM No. 24-ACKNIOWLEDGMENT-C--PORATION. STEVENS-NESS LAW PUB. CO., PORTLAND, ORE. STATE OF OREGON, ss. Washin ton 5th Ma 73 County of - On this. ..__5th day of------------- -------Y-------------- 19 - before me appeared --------------~3 ~r~x.sszn -----------------------------------------------------------------------------------------------------------------and ------------------------------------------------Q ~3 ,~stax . ----------------------------------both to me personally known, who being duly sworn, did say that he, the said------------------R r is the----------------President, and he, the said R°-X -R=---Maxtor------------------- - isthek"Jtj._Treasurer of Oregon_Toro.Distributors, __Inc__---------------------------- _ the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- , ' Lion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and---------------- R =---L = Lar_SO ---------------------------and- s_t~x-------- = = = = acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I hav hereun o set my hand *and affixed my official seal the ay year last #bove written. r~ - - ~.2---- Notary Public for, Oregon.. • My Commission expires------Feb .Mar-y_ I_,___ a° 48 3® b • •~ATE OF OREGON j ) s s . STATE OF OREGON County o ) 1, ss County of Washington On this da of 1, Roger` Thorlsseri;. Director of Records y and Elections and Ex-Officio, Recorder of Con- j veyonces,`fo4",Zid county do 'hereby certify appeared the above named that the within instrument of writing was received, and recorded in' book. of records No - - - r j of said ',County, ; - and acknowledged the foregoing instrument t e tt~ Witness my hand; and seal affixed ROGER-°THOMSSEN, Director of deed. Recordsrr& Elections Before me' ..t..'~'~ j Deputy Notary Put My Commi s I ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF-71,GARD By: May By: City ecorder 6f STATE OF OREGON )ss. County of Wash. ) On this 18th day of May 1973, before me appeared Daniel L. Larsen and Doris Hartig , both to me personally known who, being duly sworn, did say that.he, the said Daniel L. Larsen is the Mayor, and he, the said Doris Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Daniel L. Larsen and Doris Hartig acknowledged.the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. Notary IULiblic or Oreg n My commission expires Page 3 - - - CfTY OF TIGARD Easement P.O:. Box 23557 12420 . . c4 Q S. W. Main BOOK 94 5 Tigard, Oregon 97223 S /wVA~ _ Q S S 1 i Nv IV. W. corner O•(. G. No. 4d -TA-CS Ab',11. C_ t: corV..WsEt.l.r.t3.R.rW,wM SX.L .j SVt3 DllllSta/l/ p $ . slit ~d oo ,P f 53' co, e --'L e0~si~R2'E - eve.et - B 11p~i ~6 y a •~'~1 t ti ~~0•~ cry F~ SJ'00•ly S6A 6! J 1w. ~`L~i. 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