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2010-040116 Washington County, Oregon 20 1 0 -040116 05127/2010 09:59:44 AM 5 D-E Cnt =1 Stn =7 K GRUNEWALD 525.00 $5.00 S11.00 515.00 - Total = 555.00 k, 1 111111111 111111 1111 1 11 11111 1 1 111 Statements Send Tax Statements to: I. Richard Hobernlcht, Director of Assessment and Taxation and Ex•O$Sclo County Clerk for Washington ?� - �`�' {'•, Emmel and Claire Kirnak, Trustees County, Oregon, do hereby certify that the within i Instrument of writing was received and recorded In the S ' r-[: �' • 7490 SW Cherry Drive book of records of said Cou Tigard, OR 97223 Richard Hobemlcht, Director of Assessment an fi: w.;. Taxation, Ex -0Ricio County Clerk After recording, return to: Kitri C. Ford Attorney at Law P.O. Box 880 Bend, OR 97709 SANITARY SEWER LINE EASEMENT In consideration of the covenants and agreements contained herein, EMMEL KIRNAK and CLAIRE KIRNAK, Co- Trustees of the KIRNAK FAMILY REVOCABLE LIVING TRUST dated July 12, 2000, amended September 23, 2005, Grantors, convey to the CITY OF TIGARD, an Oregon municipality, its agents, successors and assigns, Grantee, a sanitary sewer line easement to Grantee, necessary for sewer improvements within the City of Tigard. The true consideration for this conveyance is $0. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. NOW THEREFORE, the parties hereby agree as follows: 1. This Easement is for a sanitary sewer line and shall be used in accordance with rules and regulations promulgated by the City of Tigard. 2. Grantors therefore hereby grant to Grantee a perpetual non - exclusive public sewer line easement for the purposes of constructing, reconstructing, operating, maintaining, inspecting and repairing an underground sewer line or lines and appurtenances, over, upon and under Grantors' real property located in Washington County, described an Exhibit "A ", which is attached hereto and incorporated herein by reference. 3. This Easement is appurtenant to Grantee's existing sewer system. 4. Grantee shall clean up and remove any and all construction debris at the conclusion of the sewer line installation project. To the extent that Grantee removes any fencing on Grantors' property to install the sewer line, Grantee shall reinstall such fencing in its original location and condition. Grantee shall restore the surface of the Easement as nearly and as reasonably practical to its original condition, grade and level, after performing any construction or other work that disturbs the surface. Grantee shall repair any damage to Grantors' real or personal property caused by its construction activities. The sewer line shall be maintained by the Grantee consistent with the maintenance of other sewer lines within the City of Tigard sewer system, and to the 1 -- NO CHANGE IN TAX STATEMENT Sanitary Sewer Line Easement 'Tigard- Kirnak sewer easement.doe extent that Grantee's maintenance and repair activities in the future cause any damage to Grantors' real and/or personal property, Grantee shall repair any such damage. 5. The above - described Easement shall be subject to the following covenants and conditions: The Easement shall not unreasonably interfere with the uses of the property that Grantors may from time to time have, but said uses shall not unreasonably interfere with the terms of this Easement. Grantors may utilize the easement area provided said uses do not unreasonably interfere with the purposes of this Easement. Grantors shall place no • above ground structures or improvements (except for markers at property lines and fence • lines) upon this Easement. Grantee agrees to comply with all state and federal laws relating to the exercise of rights herein granted. Grantee agrees to indemnify and hold Grantors harmless from and against all third party claims which may result from the construction, operation and maintenance by Grantee, its agents or subcontractors, of said easement facilities including, but not limited to, injuries to, or death of persons or animals, courts costs and • reasonable attorney fees. Except for the intentional acts of the Grantors, Grantee shall indemnify, defend and hold Grantors, their employees, agents, contractors and assigns harmless from any claims, judgments, damages, penalties, fines, costs liabilities or loss including attorney fees which may arise from, caused by, or in connection with any damage to Grantee's use of the easements. Grantee shall release and hold Grantors harmless from all damages which may arise therefrom. This Easement shall run with the land, shall be binding upon the Grantors' and. Grantee's successors, personal representatives, heirs and assigns. This instrument fully sets forth the terms and conditions of the Easement. There are no oral or other written agreements between Grantors and Grantee that modify, alter or amend this Easement. This Easement may only be modified by the Grantee and Grantors by execution of a recordable document. IN WITNESS WHEREOF, the undersigned Grantors and Grantee have hereunto executed this Easement on the date stated below their respective signatures. GRANTORS: GRANTEE: Q i6 Jl Nt G -t1 CITY OF TIGARD r EMMEL KIRNAK, Trustee o Dated: i Pe/ C. - act , 2010 B y • THEODORE S. KYLE, P. . _� .� ► �i.i City Engineer CLAIRE KIRNAK, Trustee Dated: /spec ! Z' , 2010 • Dated: AP 2010 2 — NO CHANGE IN TAX STATEMENT Sanitary Sewer Line Easement Tigard -Kimak sewer easemcnt.doc tsS ©R *r I, Richard W. Hobernicht, Director of Assessment Q la 4 Co - andTaxation and Ex- Officio County CIerk for el " F Washington County, do hereby certify this to be a ,Z `� f „ , .. ' p " true and correct copy of the original. * : . ` itit � 4-' Date: Pe.2 \&,_ 2_ , 2J t ,., �r- "' '42 B y . � ate \ - b ` ' T °N COUht��'.o