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78-047721 ~ Bull Mountain Road rcu_tecu; }lazelarrP. a+o�v, .,et .i. ...JtkL Easement: s=vsst, ,, Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we I) Tigard Water District hereinafter termed grantor (s), in consideration of the sum of $ 1.00 to b.: 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, together with a temporary right-of-way and easement to use an additional area hcrei after described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the pt.rpose of constructing, re- constructing, operating, maintaining, inspecting and repairing of an underground. Sanitary Sewer Line and appurtenances, together with the right to remove, as recc,sa.y, 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. nreasur• ed at right angles, of the following described center line: • SEE EXHIBIT A 2 Tem.., easement: Not Applicable _ Together with the to •• - right of ingress; egress and regress, and use for- said construction purposes, of ad•i ' = ..1 lands lying parallel to, along the sides and within eet, when measured at light angles, of the above described perpetual easement area, expecting - eserving to grantors the unencumbered enjoyment, use and preservation of all structures pre - : on the premises This temporary easement shall terminate upon completion of the construction *. . at whic 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 t easement area, said brush, trees, or other matter and materials shall be removed and disposed. by the City and the City shall leave the easement area in the neat and workmanlike condition The City agrees that in connection with its use of the perpetual easement area and in inspecti repairing, maintaining, or replacing said underground sewer ling the City will leave the premises in aneat 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. ,._4°it`tfne,ss our hands and seals this 13th day of June , 19 78 ,r.', . • s3 � P. (SEAL) �� _ (SEAL) , 1 ugh A B .wn, • (SEAL) �AP' Jerald R. Heater, Secretary • (SEAer (SEAL) BOARD OF COMMISSIONERS /-3 STATE OF ',R EGON ) ) Count., of Washington ) Oin this 13th day of June , 19 78 , personally appeared the above named Hugh A. Brown and Jerald R. Heater and acknowledged the foregoing instrument to be their voluntary act and deed. td Bef% `• s. /r / r • .- -tA�/ - s ,•• %'\ r,fAr , %ek-\ se . Notary Public fpr Oregon 1� �I11J -t�J ° '' My Commission expires: -.; 'x.•. / r, 2 February 1979 <-, .�`; C� 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 �� .Z3'' ,- �'' By: ,, Mayor By: c = 6. v.) City Recorder STATE OF OREGON ) ems, ) ss. (,l County of �a�.Lu O ) On this /07-+ day of (l C-f-o,(D e,— , 19 ") , before me appeared T 12 1,!,z._ A . ,s ki f n and ho °�e n • W, 'S p P , / both to me personally known who, being duly sworn, did say that he, the said C e), Ho A ,. iS1,n is the Mayor, and he, the said i-o r- • r IS�yN is the Recorder'of the CITY OF TIGARD, a municipal f.�-c a corporation, and the said ).- and U)E' cordr�r— arc% ---1-e_rrm acknowledged the said instrument to be the free act and deed of said municipal corporation. IN0TESTI.MONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the da a. '� y. 4r , e r ' rhs.s my certificate first written. ,, 4%21 Y ' c '» ' '.. Norary Public for Oreg a . 1/43 C_ t:a9 . E? I1 My commission expires Exhibit A Legal Description July 31, 1978 For Hazeltree Development 16236 Situate in the Northwest quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. A public utility easement 15-:feet in width over and across the westerly portion of that tract described in Book 1107, Page 617 and being 7. 5 feet ..oneach aide of the following described centerline towit: Beginning at a point on the south line of Lot 5, Ames Orchard Subdivision recorded in Book 39 on Page 37, said point being 7.5 feet east of the S.W. corner of said Lot 5; thence South, parallel with and 7.5 feet east of the west line of the subject tract a distance of 145.21 feet to a point; thence S1°30'21"E a distance of 199.63 feet to the end of this easement at a point on the northerly right-of-way line of S.W. Bull Mountain Road (CR #A-1472) said point being S86°02'00"W, 302.98 feet from the southerly S.W. Corner of said Ames Orchard Subdivision. • STATE OF OREGON • County of Washington SS I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of 72,• .22-397 Records & Elections t)LI Ole to feet4 (0,e f 7..2 23 E",(E .. Deputy OO OCT n 13 ' t 3