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84-003013 r . umw_ • ti "'a' PI lt' _fit r- Parcel No. n Cr Legal Description Linear Feet SEWER EASEMENT 0 4 0 0 3 0 13 NAME OF GRANTOR(S): John G. Schwartz ADDRESS: 15900 S.W. 76th, Tigard, Oregon 97223 GRANTOR, owner of the property described herein, does hereby grant, convey and warrant unto the CITY OF TIGARD, a municipal corporation of Oregon, GRANTEE, the right to lay down, construct and perpetually main- tain a sewer through, under and along the property described on Exhibit "A" attached hereto and by this reference incorporated herein. This grant of easement shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and assigns. This grant is made upon the conditions attached hereto, marked Exhibit "B" and by this reference incorporated herein. Any temporary easement granted hereby is automatically extinguished upon acceptance of the completed sewer in the adjacent permanent easement. No structure shall be erected upon said easement without the written consent of the GRANTEE. hereto ' The consideration for this grant is set forth in Exhibit "B" attached / . IN WITNESS WHEREOF, the GRANTOR named above has hereunto set his hand(s) and seal this A., day of &ric3cyA7/1983 Ail O ir ( RANTOR) (GRANTOR) (GRANTOR) s, I\ `` NOTARIZE DOCUMENT BELOW ST•A`I'E' "0•/ OREGON ) s s /�, I L. {L Date -a✓a -1 y- • 4 , 19 83 • J ' fit': •• . <;.!, personally appeared the above named GRANTOR(S) John G. Schwartz and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon • My Commission expires: / - My corrtmissioil expires 7 -'i. -95 110 • ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD ,5„.2.4e„, Mayor City Recorder ( STATE OF OREGON ) `I I ) ss. County of U SI)�n1- 1 On this n( day of Ne -- , 19 g3 , before me appeared Wi1bw a 46-ISi&p and J)4/-/S both to me personally known who, being duly sworn, did s y that , the said /i), /hut: O �, is the Mayor, and , the said .�dr�1S / , is the Recorder of the CITY OF TIGARD, a municipal corp and the said /..i) /be y ,,9 and �• - Art s / � acknowledged the said instrument to be the free act ad deed of said municipal corporation. TESTIMONY WHEREOF, I have hereunto set my hand and affixed my so`gf. ciia : this the day and year in this my certificate first written. \ Th fi r.. ��,.;.: otary Public for Orego ��� p - i * �, My Commission expires: y /�{ -� 7 �� • 43 EXHIBIT "A" A strip of land, 15.00 feet wide, in Lot 8, Durham Acres, a plat of record in the southwest - quarter of Section 12, T. 2 S., R. 1 W., W.M., Washington County, Oregon, described as lying south of and adjoining the northerly line of that parcel of land described in deed to John G. Schwartz, recorded October 29, 1982 under Washington County Recorder's Fee No. 82028245. INCLUDING a temporary construction easement, 30.00 feet wide, adjoining the southerly side of the foregoing described easement. STATE OF OREGON County of Washington SS I, Donald W ,Mason Director oof Assessment and Taxation and °•Ex Officio Recorder of Con- . veyances for said county ,ado, hereby certify that the within; instrumen(of .writing was received and recorded in book of records of said_county. Donald W. tl Mason, 'Director of °Assessment'and Ex- Officio f D Chief Clerk ,), 7;Q< l984 JAW 25 1414 10:5l � EXHIBIT "B" AGREEMENT BETWEEN SP EXCAVhTING COrTPANY, INC. AND JOHN G. SCHWARTZ THIS AGEERENT is for construction of the sewer easement along the north property line of property owned by John G. Schwartz at 15900 S. W. 76th, Tigard, OR 97 It is agreed by Sproul Excavating Company, Inc. (Sproul) that the construction of the sewer shall be as to minimize the damage to the natural surroundings. No trees larger than 4" in diameter at the base are to be damaged or removed with the exception of one cedar tree located approximately one -half the distance to each corner of the property line points. All brush cut during the construction shall be removed from the property. Rip rap rock shall be placed at the bottom of the ditch to assure no erosion will occur in the future due to run off of the storm drain. Sproul agrees to connect the residence of John G. Schwartz on the property to the sewer line at no cost with the exception of the hook -up fee to the Unified Sewage Agency. It is also agreed that at no cost to John G. Schwartz three additional sewer tees will be installed in the sewer line at the locations designated by John G. Schwartz and marked with iron stakes. John G. Schwartz agrees to pay Waverly Construction the sum of *10.00 and grant said easement as his contribution to the sewer line construction. The parties hereto have set their hands .e day and y ar preceding their signatures. Dated: .S / 7 - x v. n / -- wartz SPR, dEXCAVATING OTTANY, INC. Dated: )�0� By _?-72e-i%?, Conrad A. 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