79-037928 ~ Brittany Drive ~ 134th Terrace Project: MAL
Easement: l--.37g��
Deed R ren
790/ 7928
KNOW ALL MEN BY THESE PRESENTS: That we 94 po.„„j4h,A „ &A h C
a .
hereinafter termed grantor (s) , in consideration of the sum of $ -p-
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter
termed the City, hereby grant, bargain, sell and convey unto the CITY OF
TIGARD a perpetual right-of-way and easement as hereinafter described, to-
gether with a temporary right-of-way and easement to use an additional area
hereinafter described and designated temporary easement, 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, foliage , trees and other obstructions within the
easement area, 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;
said easement area being 7. 5 feet on each side, when measured
at right angles , of the following described center line within the
following designated premises :
A tract of land being a portion of S.E. 1/4 , Section 33 ,
T. 1S, R. 1W, Willamette. Meridian, Washington County, Oregon,
City of Tigard, also being a portion of Lots 9 ,10 , 11 and
12 , "Ash Valley Tract" , a duly recorded subdivision and
being more particularly described as follows : Beginning
at a point on the West line of said Lot 9 , that is North
0°01 ' 37" West, 258 . 00 feet from the Southwest corner of
said Lot 9 ; thence South 46°42 ' 35" East, 145. 00 feet; thence
North 89°52 ' 31" East, 207 . 0 feet; thence North 29° 19 ' 14"
East, 168 . 0 feet; thence North 10°03 ' 49" East, 298 . 0 feet;
thence North 4°53 ' 48" East, 644 . 0 feet; thence North 36°
36 '-40" East, 487 . 0 feet; thence North 4°30 '50" East, 18 . 69
feet, to the Northerly terminus of said centerline.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress ,
and use for sewer construction purposes , of additional lands
lying parallel to, along the sides and within feet, when
measured at right angles , of the above described perpetual easement
area, excepting and reserving to grantors the unencumbered enjoyment,
use and preservation of all structures present upon the premises .
This temporary easement shall terminate upon completion of the sewer
construction work, at which time, upon request of the owner, the
City will issue a written release thereof.
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
City 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 13 day of No1,4„,40..., , f( .
//LAe.r►•`•.}d (SEAL) (SEAL)
41 ie. , i (SEAL) (SEAL)
RTMM R (4 _, 'DR •?Dieu r
1y. x._.._ (SEAL) (SEAL)
°: E.D.PERRV , sf�xsr� Y
For a consideration, the mortgage lien on the above described
pro• - ies is hereby made subordinate to the easements above • - - - • .
Dated this day of , 19
''- Mortgagee
By
Title
STATE OF OREGON )
) ss .
County of
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expires :
FORM No. 24—ACKNOWLEDGMENT—CORPORATION. STEVENS-NESS LAW PUB.CO.. PORTLAND.ORE
STATE OF OREGON,
- /-County of Wa On this / 3 day of 0'r+•• r�'4 , 19_7$,
��before me appeared nn Wil.- -Qay}ss.
'��-- and
t. P, r"PVIA04.- A both to me personally known, who being
�.�
duly sworn, did say that he, the said- W1. � Q
is the President, and he, the said t.11.
is the _Secretary of 4,4 -44444.---i----,4. - - -
the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora-
tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board
of Directors, and and
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official al the day an year 1 t a ov written.
Notary Public for Oregon.
My Commission expires-- lA `d G- tit( -
DATED this day of November, 1978 .
J ES G. ST RK
ROBERT ,4;e747:
CRAIG
_.,9,> 07,1e,"
Q d V
GERALD KARL STA'K
'1400119r
11111/4...4.1_ -‘1A
J%0'N ERBER ' TA"
R T J. ST RK
STATE OF �1 )
) ss.
County of ,�... ,
On the day of November, 1978, personally appeared
the above-named JAMES G. STARK and acknowledged the foregoing
docuttenik to be his voluntary act and deed.
B.
baa . 0 0
Before me:
�
�► Notary Public f' r
My Commission Expirees,: U 1,..,
6 for , :-
STATE OF Oteyon
ss.
County of Wash-Lily-ton
On the 2& A day of November, 1978, personally appeared
the above-named ROBERT CRAIG STARK and acknowledged the foregoing
instrument to be his voluntary act and deed.
°° yf Before me .
` ,��c * Not. y 2ublic for Otcec�on
01
:i toMy Co . -• • ss ion Expi s: 7-23-82
• J
i
..1 • • . fit^ -44-
STATE Or _CALIFORNIA )
) ss .
County of SAN MATEO )
On the 16th day of November, 1978, personally appeared
the above-named GERALD KARL STARK and acknowledged the foregoing
instrument to be his voluntary act and d-ed.
,If
I s,, _ ", O r I�It�L SEAL i
r" I Ni. . BEACH R
e.W ;d •yr, NOTARY PL'OL C - CALIFORNIA ore me: ,�� /� -
i .. • ary •ubl ' - for an ateo County
, " SAN �1;�TE0 COUNTY
My comm. expires MAY 5, 1980 iv Commission Expires : May 5, 1980
STATE OF Oregon )
ss.
County of Washington )
On the2gth day of November, 1978, personally appeared
the above-named JOHN HERBERT STARK and acknowledged the foregoing
instrument to be his voluntary act and deed.
Before me: Thelma B Cowan
Notary Public for
My Co 6 ' - f ._ - • . • •
)7U&., 6 (7. '/
STATE OF Oregon ) t:,' j
County of Wctbhington ) __......
On the 28th day of November, 1978, personally appeared
the above-named RUTH J. STARK and acknowledged the foregoing in-
strument to be her voluntary act and deed.
' " . Before me: �, J A-41
v---',':"'-- N.t. ublic for
I°_. y � One a
f- ' My C.•* ' ssion Expir-' . -23-82
-al)-
S' A'.tE" OF OREGON )
) ss.
County of )
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Public for Oregon
My Commission expires :
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY O . G' D
By: or /
vy = , /rfkt,4 � .
L� [_v Tecorder
://
STATE OF OREGON
) ss .
County of t)as tom,_
On this ,27 '''-- day of / , 196 7,', before me
appeared 1- In /itc. � so and a.
both to me personally known who, being duly sworn, di say /that he , the
saidf lab, te:h"a15is the Mayor, andte , the said 4JOf_Gs-
1. is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said l24 th , `�__ and r t, .Y.-142/-34-
acknowledged the said instrument to be the free act and dbed
of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal , this the day and year i, thi certificate first written.
1 �Q )
tary Public for Oregon
//-0C
My commission expires
'i�`�' r J. • e4a e`..3
•
OF i
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311
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STATE OF OREGON
I. SS
c-;'; County of Washington
Y
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
• yj the within instrument of writing was received
and recorded in book of records of said county.
ROGER THOMSSEN, Director of
_D Records & Elections
4. /" INDEXECI
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