Resolution No. 73-39
C
CITY OF TIGARD, OREGON
RESOLUTION No. 73-_S_~_
RESOLUTION OF TIGARD CITY COUNCIL ACCEPTING DeKONING SEWER
EASEMENT AND AUTHORIZING EXECUTION OF ACCEPTANCE BY CITY.
WHEREAS, the City raquirestaa unencumbered fifteen (15) foot wide
perpetual right-of-way and easement for the purpose of constructing,
reconstructing, operating, maintaining, inspecting and repairing all
underground public sanitary sewer lines and appurtenances thereto; and
WHEREAS, the City reserve's to the grantors of such easements the title
to the lands, subject to the easement, and the right to sake use thereof,
except to construct buildings or Like structures as would interfere with the
use and purpose of the easement; and
WHEREAS. Edwin W. DeKoning and Patricia N. DeKoning, property owners,
propose to grant such an easement to the City for the aforesaid use and
purpose and have executed a standard sanitary sewer easement grant form; and
WHEREAS, the Venartment of Public Services and Facilities has recommended
acceptance of said proposal;
NOW, THEREFORE,
BE IT RESOLVED by the City Council of the City of Tigard that:
Section Ir The City hereby accepts the grant of easement as
described is a standard grant of easement form, a
copy of which is attached hereto and made a part hereof.
Section 2m The Mayor a:.d City Recorder are hereby authorized to
execute acceptance of said grant of easement by
affixing their signatures thereto and the City Recorder is
instructed to properly record said grant of easement.
DATED this _l -J. day of 1973
n
Mayor - 'ity o T and
ATTESTr
C Rdco4dar - City of Tigard
Project: DeKoning San. Swwer
• Easement: E-1
Deed Reference: 166/71
KNOW ALL MEN BY THESE PRESENTS: That we (I)
Edwin W. DeKoninR 5 Patricia N. DeKonine
hereinafter termed grantor(s), in consideration of the cum of $
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, erein-
after termed the City, hereby grant, bargain, sell and convey unto tl.e
CITY OF TIGARD a perpetual right-of-way and easement as hereinafter
described, together with a temporary right-of-way and easement to use
an additional area hereinafter described and designated temporary ease-
ment, for the following uses and purposes:
1. Perpetual easement:
An unencumbered perpetual right-of-way and easement for the
purpose of constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground sewer line and
appurtenances, together with the right to remove. as necessary,
vegetation, foliag-, trees and other obstructions within the
easement area, but reserving to the grantors the title to the
lands, sub3enc to the easement, and the right to make such use
thoreor, except Lu construct buildings,
as will not interfere with the uses ana fur po .es of the easement;
said a;.scment area being 7.50 feet or. c side, when mea-
sured at right angles, of the following described center line
within the toll~wang designated premises: Existing Sanitary Sewer
over the DeKoning property: Part of N.W. Graham DLC No. 39.
Commencing at the Northwest corner of said Graham DLC; thence South
82037' East, 123.00 feet; thence South 22047' West, 471.15 feet; thence
South 67°13' East, 163.79 feet; thence South 8°33'55" East, 57.34 feet to
the point of beginning of the centerline herein to be described; thence
South 78°04'35" East, 134,17 feet to an existing manhole; thence South 770
53'35" East, 165.51 feet to an existing manhole; thence South 12019'30"
West, 330.11 feet to an existing manhole; thence South 60035'30" East,
281.95 feet, more or less, to a point in the easterly line of the DeKoning
property, as recorded in Volume 166, page 71, Deed Records of Washington
County, said point also being the terminus of said centerline. All of the
above described centerline situated within Section 1, Township 2 South,
Range 1 West, of the Willamette Meridian.
2. Temporary easement:
Together with the temporary right of ingress, egress, and
regress, and use for sewer construction purposes, of additional
lands
lying para-lei to. along the _ side and within
feet, when measured at right ang es, cf the above described
perpetual easement area excepting and reserving to grantors
the unencumbered en)ovment, use and preservation of all struc-
tures present upon the premises. This temporary easement shall
terainate upon completion of the sewer construction work, at
which time, upon request of the owner, the City will issue a
written release thereof.
Page 1
Easement
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
(~ty shall leave the easement area in a neat and workmanlike condition. The
CIty agrees that in connection with its use of the perpetual easement area
and in inspecting, repairing, maintaining, or replacing said sewer line, the
City will leave the premises in a neat and workmanlike condition and as nearly
in the pre-existing state as practicable.
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 23 day of 1973
(SEAL) (SRAL)
(SE_4)_ (SEAL)
--_---(SEAL) 61- (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
r Dated this 23 day of A-t , 1973
4
F4sst TSn ri ....ei Its^4
M tga
z
Cl/
Vice President Manager
Tit e
STATE OF OREGON )
i )ss.
County of N Rr.~nNw V >
On this ~Zday of A/GNS T 19 7-9, personally
appeared the above named c'pw Gt) /~c f"o.u/N4 f• K~`~ /"iaT/t,ti~o
and acknowledged the foregoing instrument to "eir voluntary act and deed.
Before me: / /
o ary Public r Osggon
i My Commission expires- ;L7 /9 7S•-
Page 2
Easement
tlATE OF OREGON ) d
County of Nd[TNbN,IN n)
,so.
On this day of '4'W4usr 19 73, personally
appeared the above named W 'L-. H LONG -r- y,
/yr,ra~tl••y ~ts~ /IJ.1 i / C~'-a~yv - -
d acknowledged the foregoing instrument to be their voluntary act and
deed. Z-
My Before Commission expires: 0 1 7,197a-
ACCEPTANCE
The City above named hereby accepts the foregoing grants .^nd agrees
to comply with each and every term and condition thereof.
CITY OF TIGARD
BY: Mayo Yll
by
Li. Cy ccorderf
i
TATE OF OREGON )
i )ss.
county of
I
d
On this day of - 19¢xbefore me
appeared -~j -an
both to me personally Know n who, wing duly sworn, id say/that he, the
said is the Mayor, and-,he, the said
l p/ is the Recorder of the CITY OF TIGARD, a muni~-~~-
corporation, and the said ` and a SC/o
acknowledged the said nst ument o be the 'tree act an deed
o said muni cTpal corporation.
i
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.
4
zy is .-r or on
-r on
My commission expires
A
:Y
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` Basement
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