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.
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''.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
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