86-030131
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that WINMAR PACIFIC,
INC., a corporation, 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 in 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 easterly 20 feet of the following
described property:
A portion of the Northwest quarter and the South-
west quarter of Section 35, Township 1 South, Range 1
West of the Willamette Meridian, Washington County,
Oregon, described as follows:
Beginning at the intersection of the West line of
Section 35 and the thread of Fanno Creek; thence North
along the West line of Section 35, 450 feet, more or
less, to the Northeast corner of a tract conveyed to
the Metzger Sanitary District by deed recorded in Book
CF-1221; thence East 300 feet, more or less, to the
-Westerly right-of-way line of the Southern Pacific
Railroad right-of-way line; thence Southeasterly along
the Westerly right-of-way line 1290-feet, more or less,
to the Northerly line of S. W. North Dakota Street
(County Road No. 452)(being 40 feet wide); thence
South 890 06' West 234 feet, more or less, along the
Northerly line of S. W. North Dakota Street to the
thread of Fanno Creek; thence Northerly and Westerly
to the point of beginning.
This easement shall be for the construction, main-
tenance 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 pipelines and/or mains and the further
right to remove all obstructions interferring with the location,
construction and maintenance of said pipelines and/or mains.
Grantors, its heirs, executors, administrators and
assigns, do hereby covenant with Grantee that they are lawfully
seized and possessed of the hereinabove described real property,.
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 covenant
that it shall restore said property to its original condition
as nearly as is practicable upon completion of construction and
upon completion of any subsequent maintenance and repair work.
PAGE 1 OF 2 PAGES EASEMENT
EASEMENT (Continued)
Former owners of the hereinabove described real
property granted a prior perpetual easement located across the
northerly portion thereof to Metzger Water District (predecessor
to Tigard Water District) as recorded in Book 554, Pages 700 and
701, Deed Records, Washington County, Oregon. An 8-inch cast
iron pipeline exists within this easement. Grantee, its succes-
sors and assigns, does covenant that it shall grant permission,
if requested, for Grantors to move or relocate said 8-inch pipe-
line at Grantors' expense, provided the same end result of water
distribution or circulation can be attained.
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: JUL 1 1986 s 1 0),
xeeUtive Vice-President
Date: UL I 198S
dx,~
ftistant Secretary
WINMAR PACIFIC, INC.
GRANTORS
State of Oregon )
ss
County of Washington )
STATE OF OREGON
1986 County of Washington SS
Personally appeared 1, Donald W. Mason, Director of Assessment
and Taxation, and Ex-Officio Recorder of Con-
being duly sworn, did say that he is veyances for said county, do hereby certify that
Pacific, Inc., a corporation, and that s the within instrument of writing was received
and sealed in behalf of said corporation and recorded in book of records of said county.
Board of Directors; and he acknowledged Donald W. Mason,- Director of
its voluntary act and deed. Assessment taxation, Ex-County Cle
Befor
Notar 1986 JUL 10 PM 3* i 8
My cc -
State of Washington )
ss
County of King )
1986
?zv
Personally appeared ~~~A who,
being duly.,v+x`n ~r.~lid say that - of Winmar
Pacific,r¢"">ra .jc , poration, and that said instrument was signed
and seori;" ha~isf said corporation by authority of its
Board %bF: v 4rectoi'ty'% acknowledged said instrument to be
its tuary''a:~~.a~cl fed.
Before:
,P6Y Notary Public for WAs4ingtQti
My commission e,~pi es
PAGE 2 OF 2 PAGES EASEMENT
WAS HI I
QIV~e16415
9585 S.W. Washington Square Rd. • Portland, Oregon 97223
Mailing Address: P.O. Box 23635 • Tigard, Oregon 97223-0095
(503) 639-8860
July 8, 1986
Robert E. Santee, Administrator
Tigard Water District
8841 S.W. Commercial Street
Tigard, Oregon 97223-6290
Dear Bob:
At long last, please find enclosed a signed and notarized Easement
Agreement between Winmar Pacific, Inc.. and Tigard Water District.
If we can be of further assistance, please let us know.
'ncerely,
Ron oberts, CSM
Vice President and
General Manager
RJR:crw
Enclosure
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