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82-032635Paci Western Bank t Sanit`her Relocation 82032635 EASEMENT FOR SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS That Pacific Western Bank, an Oregon Corp- oration of the County of Clackamas, State of Oregon, in Consideration of the sum of One Dollar to them in hand paid, do hereby grant and convey unto the City of Tigard, a municipal corporation organized and existing under the laws of the State of Oregon, a right of way and easement over, across and under the following described real property situated in the County of Wash- ington, State of Oregon, to-wit: PERMANENT EASEMENT DESCRIPTION See Exhibits "A" and "B" attached This permanent easement is granted for the purpose of laying, construct- ing, replacing, and maintaining sanitary sewer lines thereunder, and the easement herein granted shall include the right for the Grantee to go over, across and under said land for the purpose of installing said storm drainage lines and maintaining and repairing them, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement. Grantors covenant to and with Grantee that they will not in any manner interfere with or restrict, except as herein stated, Grantee's use of said easement. This right of way and easement is granted with the understanding that any work done by the City of Tigard pursuant hereto will be so done as to leave the prem- ises here described in a condition reasonably similar to the previous state thereof when any work is finished thereon. TO HAVE AND TO HOLD THE Herein described right of way and easement unto the City of Tigard, its successors and assign, forever. In the event that it becomes necessary for any person now or hereafter a party to the benefits and/or obligations of this easement to institute any action or suit to enforce any of their rights hereunder, the party prevailing in such action or suit shall be entitled to recover its costs and disbursements and such sum as the court may adjudge reasonable as attorney's fees to be allowed in said action or suit or any appeal thereon. /-7 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 Day of S P PAL 191-a (SEAL) rJsi C ( SEAL`.,, I "I Vol- +(SEAL) SEA?amP°:. 1?< 1 PC (/l.,lE-5 (SEAL) ---?`T E1#V:}. For a consideration, the mortgage lien on the above jcribed pr rtieVll_'." , is hereby made subordinate to the easements above granted. Dated this day of , 19 By - Title (INDIVIDUAL) STATE OF County of ss. BE IT REMEMBERED That on this day of , 191 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the above named _ and who are known to me to be the identical individuals described in and who executed the above instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Notary Public of Oregon My commission expires Page 2 Sanitary Sewer Easement of CORPORATE) STATE OF Oregon ) ) ss. County of Clackamas _) On this 10th day of September 19_3_5 before me appeared Donald H. Finley and Terry R. Tracy both to me personally known, who being duly sworn, did say that he, the said Donald H. Finley is the President, and he, Asst. the said Terry R. Tracy is the Secretary of Pacific Western Bank the wi thi n named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Donald H. Finley and Terry R. Tracy acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. Not y Pub is or State o 0 egon p cr: My Commission Expires: 11_1g 3 Page 3 Sanitary Sewer Easement 3 ArrFPTANCF The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayo r ?_ - By: City Recorder STATE OF OREGON ) ) ss. County of Washington) On this day of before me appeared and D0' i both to me personally know who, being duly sworn, did say that the said is the Mayor, and he, the said LLi the Recorder of the CITY OF TIGARD, a municipal cor oration, and tR'e said i L (6"j- 91,s and acknowledged th said instrument to be the free act and 2t?ed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. 5<. Notary Public for State of Oregon . t 9 x? ?My Commission Expires: Page 4 Sanitary Sewer Easement 4 Exhibit "A" New Sanitary Sewer Easement A tract of land in the S.W. 4 of the S.E. , of Section 1, T. 2 S., R.1 W., W.M., City of Tigard, Washington County, Oregon being that portion of those parcels described in Book 982, Page 933 and Book 1102, Page 933 of the records of Washington County, Oregon that lie within the following described tract, more particularily described as being a 15 foot wide strip of land, being 7.50 feet on each side of the following described centerline: Beginning at a manhole at a point that is S 59007'51" E 391.30 feet and N 30052'09" E 32.19 feet from a stone in a monument box at the Easterly S.E. corner of the W.W. Graham D.L.C.; thence N 64019'23" W 189.92 to the end of said centerline, which lies S 59007'51" E 202.16 feet and N 30052'09" E 15.00 feet from the said Easterly S.E. corner of the W.W. Graham D.L.C. 7/28/82 82.304.189 5 Exhibit "B" New Sanitary Sewer Easement A tract of land in the S.W. 4 of the S.E. 4 of Section 1, T, 2 S., R.1 W., W.M., City of Tigard, Washington County, Oregon being that portion of the tract described in Book 939, Page 211 of the records of Washington County, Oregon more particularily described as being a 15 foot wide strip of land, being 7.50 feet on each side of the following described centerline: Beginning at a point on the easterly widened right-of-way of S.W. 72nd Avenue (60 feet wide) that is N 0053'23" E (along the centerline of S.W. 72nd Avenue) 267.91 feet and S 89006'37" E 30.00 feet from a stone marking the Easterly Southeast. Corner of the W.W. Graham D.L.C.; thence S 89006'37" E 19.95 feet to the end of said centerline. 7/28/82 82.304.189 6 Existing 15' Sanitary Sewer Easement to Remain (Book 846, Pages 628 thru 632) S 89006'37" E ' 49.95 1 ' 1 °i 1 1 t 7 ? (Iti N Y? W r N 1 M S.W. Tech Center Dr 0 Z 02Ig \? Stone in Monument Box at E. S.E. Corner of W.W. Graham D.L.C. NEW SANITARY SEWE (Proposed) SEE EXHIBIT "B" 7 Portion of Existing 15' Sanitary Sewer Easement to be abandoned N 64°19'23" W 189.92 V Nd00 ?v? Jr2, Y? n IS rF ?? \ Sg0 ^ v 0 d S1F J ' 30 NEW SANITARY SEWER EASEMENT SEE EXHIBIT "A" Existing 15' Sanitary Easement to Remain 4 S?0 (Book 846, Pages 628- 32.1 632) N 30052'09"E 4 P.I. DeHAAS & ASSOCIATES, INC. CONSULTING ENGINEERS & SURVEYORS Swte 4-5-AGC Comer (603) 682.2¢50 9450 S W Commerce Cncie Res 636-6195 Wasonviile. Oregon 97070 C t_ i6 dOL (n > Win o N N Q?3T 0n p a7 Z O °y X O C Y ro W , ° a E p c 2oD C r C-73 EA 3 roNN C p a aC?C? '- 0 3 0 ILL p p G 0 X L 0 W F T O ro U« U c _F-C3v ro 0 u W > « W 0 X ?W o . 0DC ? roo ` c L .: lMl SEU - cc U) . ? C N? OQO Q n, Z M N N ? n ?Dt1-01 - Q M 3 N o w rn O X -0 LA 0 L- lA m W rn ?r- O - -N C-) - aH stone at Recognized N.W. corner of N.E. '; Section 12 (Point"B" C.S. 13,247) Pacific Western Bank Sanitary Sewer Easement Map DE; SHEET Cs 1 DY Cr CRC 7/Z a k, 1"= E"E N .7 CL- O S Lj W O fV U I S 89°06'37" E 49.95 I 1r r1 I I I br 1l -4 A rn ?, ?v1J N Vr e w Ni 1 M S.W. Tech Center Dr ° z I. Stone in Monument Box \ at E. S.E. Corner of W.W. Graham D.L.C. NEW SANITARY SEWE (Proposed) Existing 15' Sanitary Sewer Easement to Remain (Book 846, Pages 628 thru 632 ITARY SEWER EASEMENT SEE EXHIBIT "B" 7 Portion of Existing 15' Sanitary Sewer Easement to be abandoned N 64°19'23" W 189.92 00 10 ?k X91 ?0 X89 32.1 EW SANITARY SEWER EASEMENT SEE EXHIBIT "A" Existing 15' Sanitary Easement to Remain (Book 846, Pages 628- 632) N 30°52' 09 "E N.. . P.I. , I -Stone at Recognized N.W. corner of N.E. qG 4 Section 12 co' (Point"B" C.S. 13,247) G?\ I DES SHEET 1 1 DeHAAS 8E ASSOCIATES, INC. Pacific Western Bank OF CONSULTING ENGINEERS & SURVEYORS Sanitary Sewer Easement Map DR CRC DATE 7/28/8 ' Suite 445-AGC Center (503) 682-2454 9450 S.W. Commerce Circle Rea. 836.8195 CK SCALE 1"=1=100'