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4643 ~ Dartmouth ~ 72nd Avenue fogroe ;;l' Number: 1 (SST 68-1) Deed Reference: Bk. 309 Pg. 281 KNOW ALL MEN BY THESE PRESENTS: That we (I)_14ewis-W. .and _B er_tha_ C. Chris ten, husband and wife as vendors , and Alex Finke and Lotti I . Finke, husband and wife as purchasers under contract hereinafter termed grantor(s), in consideration of the sum of 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, together • with a temporary right-of-way and easement to use an additional area hereinafter described and designates temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and casement for the purpose of constructing, recon- structing, 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 casement, 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 feet on each side, when measured at right angles, of the following described center line within the following designated premises: Beginning at a point on the West line of that tract of land described in Book 309 page 281 deed records , Washington County, Oregon, said point being northerly 8 feet from the Southwest corner of Lot 5 Palmer Acres , said county; running thence N 89° 11' E a distance of 335 .29 feet to a point, said point being 7 .5 feet West of the Easterly boundary line of said Lot 5; thence N 1°12 ' W 276 feet ; thence N 42°03 ' E a distance of 10.94 feet to a point on the East line of Lot 4 Palmer Acres , Washington County, said point being 66.94 feet North of the Northwest corner of that tract of land conveyed to Bert Turnbow and recorded in Book 180 page 331, deed records , Washington County; Being limited to that portion lying within the bound- aries of that tract described in contract from Lewis W. Christen and Bertha C. Christen, husband and wife, as vendors to Alex Finke and Lotti I . Finke husband and wife, as option A. in contract Book 309 page 281 , Washington County, Oregon Records . • 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construe- the Northerly and Westerly sides and within tion purposes, of additional lands lying parallel to, aitgins—_ _ 35 _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. BOOK737 PAGE 807 The grantors reserve the right to construct within the easement area buildings or other weight-bearing structures and should the grantors undertake to do so, the grantee shall be furnished a copy of any con- struction plans and shall have one of the following options : (a) To install steel weight-bearing sewer pipe in lieu of the con- crete pipe at all points that such structures shall bear upon . or be constructed over the sewer line, or (b) The City may relocate the sewer line within the easement area to avoid any weight-bearing loads thereon or pay any added ex- penses which may be necessary to provide structural media for bridging over the sewer line and thereby avoiding the imposition - of structural weight upon the sewer line. The City, in either of the foregoing cases , shall assume all expenses of replacement, reconstruction, relocation, or repairs required by any impairment of the sewer line from surface con- struction. 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 work manlike 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 work manlike 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. �j Witness our hands and seals this_ .+1 day of, -- " .A. - , _i_ii..4._Acata, • t G_ ' (SEAL) -. — — — — ' otris W. ,Chris ten Alex Finke �--' L.-T.mak'J4L.LQ---e---C-----V1,-A. - _ —SAL) - U - — ��n --(SEAL) Bertha C. Christen Lotti I . Finke ------ -. ..(SEAL) — — (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this_ 77_7d-1. _day of_. Mortgagee By -- --- Title STATE OF ORD]Eie.N. Californias. County of_---- Alameda -, ) On this 17thlay of__DECP.f11be.1-..__--__ __, 19__68 personally appeared the above named _—_ _ #-s. -W. _and_Bett_ha.L.- Ct>sis.ten-----_--- - and acknowledged the foregoing instrument to be their voluntary act and deed. Befo•• m:. i z,— — ,,,,,, ........ . .......... .,,,,.,, / Notary Public for orogen— /,h+4/r OFI ICI,0_ -,I4L 2` ��, JULIANNA B. ZU_,;r, My Commission expires:_--_- -t:',..,, NOTARY PUBLIC ,- } N ' • l,.� JULIANNA B. ZUZOK PRINCIPAL G l':-._ !., - i ^. S ALA"AEDA "DU'»1`, My [e,rpmis51pn Explre5 Feb. 15, 1970 • /I 9 �` e ! ik.2,E:, Off' -OREGON) City of Tigard ) I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder of the City of Tigard, Oregon. I further certify tnat I have compared the herewith copy of Easement with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a correct transcript. IN WITNESS WHEREOF I hereunto set my hand and the seal of the City of Tigard this t 7 day of A�_ 196• . 11 City Recorder t= Tr rar Now The grantors reserve the right to construct within the easement area buildings or other weight-bearing structures and should the grantors undertake to do so, the grantee shall be furnished a copy of any con- struction plans and shall have one of the following options : (a) To install steel weight-bearing sewer pipe in lieu of the con- crete pipe at all points that such structures shall bear upon or be constructed over the sewer line, or (b) The City may relocate the sewer line within the easement area to avoid any weight-bearing loads thereon or pay any added ex- penses which may be necessary to provide structural media for bridging over the sewer line and thereby avoiding the imposition of structural weight upon the sewer line. The City, in either of the foregoing cases , shall assume all expenses of replacement, reconstruction, relocation, or repairs required by any impairment of the sewer line from surface con- struction. 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 work manlike 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 work manlike 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 �1 day of 1--• -— , 1 -(SEAL) _ _� SE; ) Lo is W. Christen A,lrex Finke 4/14 . 1 :A/1/(3°) ---� / L) SEAL) Bertha C. Christen Lotti I. Finke — __(SEAL) -- ---- _(SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted, Dated this_,/ _ day of 19 Cd . Mortgagee By - — -- Title STATE OF OftEffeN, California Alameda ) ss. County of ) On this_____17thday of__DEcsmber , 19 S8 , personally appeared the above named ouis e—Illi and Rertha_S�_ Christen and acknowledged the foregoing instrument to be their voluntary act and deed. Befo•• m=. ,,,,,., Notary Public for 411ege V' OFFICIAL SEAL JULIANNA B. ZUZOK y Commission�� expires: " a.0`•�» NOTARY PUBLIC•CALIFURNiA '''4;6 PRINCIPAL OFFICE IN �' JULIANNA B. ZUZOK ""'P ALAMEDA COUNTY M69mmisaien Expires Feb. 15, 1970 • 4 9 44 440 *44110 Number: 1 (SST 68-1) Deed Reference: Bk. 309 Pg. 281 KNOW ALL MEN BY THESE PRESENTS: That we (I) Lewis W. and Bertha C. Christen, husband and wife as vendors, arid Alex Finke and Lotti I. Finke, husband and wife as purchasers under contract. hereinafter termed grantor(s), in consideration of the sum of $ 311_00 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, together 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, recon- structing, 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 feet on each side, when measured at right angles, of the following described center line within the following designated premises: Beginning at a point on the West line of that tract of land descrebed in Book 309 Page 281 deed records, Washington County, Oregon, said point being Northerly 8 feet from the Southwest corner of Lot 5 Palmer Acres, said county; running thence N 89' 11' E a distance of 335. 29 feet to a point, said point being 7. 5 feet West of the Easterly boundary line of said Lot 5; thence N l' 12' W 276 feet; thence N 42' 03 ' E a distance of 10. 94 feet to a point on the East line of Lot 4 Palmer Acres, Washington County, said point being 66. 94 feet North of the Northwest corner of that tract of land conveyed to Bert Turnbow and recorded in Book 180 Page 331, deed records, Washington County. Being limited to that portion lying withing the boundaries of that tract described in contract from Lewis W. Christen and Bertha C. Christen, husband and wife, as vendors to Alex Finke and Lotti I. Finke, husband and wife, as option A. in contract Book 309, Page 281, Washington County, Oregon Records. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construe- the Northerly and Westerly sides and tion purposes, of additional lands lying parallel to,x1X 'Dlb}dXi' 7dterAI4d within_ 35 _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. `4, 4,.. 4 �! Number: 1 (SST 68-1) Deed Reference: Bk. 309 Pg. 281 KNOW ALL MEN BY THESE PRESENTS: That we (I) Lewis W. and Bertha C— Christen, husband and wife as vendors, and Alex Finke and Lotti I . Finke, husband and wife as purchasers under contract hereinafter termed grantor(s), in consideration of the sum of $ 311.00 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, together 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, recon- structing, 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 feet on each side, when measured at right angles, of the following described center line within the following designated premises: Beginning at a point on the West line of that tract of land described in Book 309 page 281 deed records , Washington County, Oregon, said point being northerly 8 feet from the Southwest corner of Lot 5 Palmer Acres , said county; running thence N 89° 11' E a distance of 335.29 feet to a point, said point being 7 .5 feet West of the Easterly boundary line of said Lot 5 ; thence N 1°12 ' W 276 feet; thence N 42°03 ' E a distance of 10.94 feet to a point on the East line of Lot 4 Palmer Acres , Washington County, said point being 66.94 feet North of the Northwest corner of that tract of land conveyed to Bert Turnbow and recorded in Book 180 page 331, deed records , Washington County; Being limited to that portion lying within the bound- aries of that tract described in contract from Lewis W. Christen and Bertha C. Christen, husband and wife, as vendors to Alex Finke and Lotti I . Finke husband and wife, as option A. in contract Book 309 page 281, Washington County, Oregon Records . 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construe the Northerly and Westerly sides and within tion purposes, of additional lands lying parallel to, niasgatimpOwitimentarcigortlibins__ 35 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoy ment, 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. 4410, '4411" 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 work manlike 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 work manlike 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—___— day of.—__ , 19— . 7 —7/-4---(-' l s __(SEAL) � � ------- - — — - - ---- — (SEAL) Louis W. Christen Alex Finke (SEAL) --- ----..1 . /V V�(SEAL) Bertha C. Christen Lotti I, Finke ______ _(SEAL) -- - ---- (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted, Dated this__ day of , 19 . Mortgagee By --- Title STATE OF OREGO , ) / �� ) ss. County of /f/€54.-�_� f�� On this____ __—day of_ %lu 7 -, 19 G V.: _ , 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:_?%//;,•' 7P %/ 4..0, NE 1/4 .,. 1 N 830 00, iv 1200 t‘: 1"¶r1 s< V ' ' ''' l'("....',-'''.' : '::'- ' '' -' '.::12':.:.- .,`: L'.7.'2.--,-,`. •.- K ti .;..,. *, t j) 4 k , ...,,, ,..,..4 SEE ..: ' t ! i S ...- • Pr '''''(''s • 4' 1 11:1 .•:' ! , 1 a5c•- oc7E-- — — -- • ! ' 4 ! 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