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13401 ~ Gaarde Street ~ 121st Avenue ., 13401 oeiGIr - Pz_. t eco. Easement: Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (I) Mrs. Elsie Ames hereinafter termed grantor (s) , in consideration of the sum 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 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 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, 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 g^84 on "dwit side, when - w,i~t##e the following designated premises.- Situate remises,Situate in the northwest quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being described as follows: Beginning at a point on the south right-of-way line of S.W. Gaarde Road, said point being N89°18' 12"E a distance of 965.16 feet and South a distance of 20.00 feet from the northwest corner of said Section 10, and running thence South a distance of 690.31 feet to a point; thence West a distance of 15.00 feet; thence North a distance of 890.13 feet to a point on the south right-of-way line of S.W. Gaarde Road; thence N89 18' 12"E on said right-of-way line a distance of 15.00 feet to the point of beginning containing 0.238 acres more or less. 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 side and within feet, when measured at right anger,-othe above describe$— perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all struc- tures 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. Page 1 Easement r, g00K 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 Lo T4 day of Ste -J, 191-x . T (SEAL) (SEAL) (SEAL) (SEAL) (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 itI eSTATE OF OREGON ) ss . County of On this day of � 19ZZpersonally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: di Notary Public for Oreq6n My Commission expires : Pen I1_118 Page 2 Easement 5 B004209 PAGE 5O 5 11001, 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 : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. C171Y OF TIGARD 11„ q d r STATE OF OREGON ) ss. County of On this .—day of 196 7 before me appeared both to me personally known who, being duly sworn, did say -f-hat he, the said 14, L,Lj,, , is the Mayor, and lie, the said is the Recorderof the CITY OF TIGARD, a municipal corDoration,,' and the said and acknowledged the said ins rument to be the free art a deed of said u-,unicipal corporation. 1114 TESTI-IONY WHEREOF, I have hereunto set my nand and affixed my official seal , this the day and year his y cate first written. Naar Public for Oregon 4 1 ci t-19 1—Y expires commission expes T1 Page 3 Easement B004209 PAGE 1 �� 1ZlST�j/Lc i 1 t� I tF ti j( J 3 i � Qf q O 11V 64701-d& S1 19 q} ' foserrr eol for 'Wal--r/rid' (,Book Sis, Page 268,1 s cafe: 1"= I00 5a17,,Ial l Sewcr r1nd <Sform Orcr�ia Eusemc�77` 45 1 � I � *14 /2 YY .�ad#ox xe�i:3..t.L1..»..i.S»}........, }� E�ise/r1�nJ` j� GCR Tlio A gyp.. .... ",�;+�-•r,:.�;_Dej•;rP XICIN17Y M40 DR'N:R SR,VlT,9RY.SEt/tiE�', STORM DRr?/N �W,,MCAO Z. 5,EN>ZWlr cK'o: Z ery Ivi %d SEC. /O, T.P,S R1N• NO,WXJ1111Y9jV1Y CIJ.,4Z&90N APP`D DATE= .5-10-77 For:ELJ/E 4AM5 scA�e: 1"=roo' JOB No.;162 26 .� nnn rn y. October 17, 1977 Roger Thomssen Washington County Courthouse Hillsboro, Oregon 97123 Dear Mr. Thomsseu: Enclosed is a check in Lhe amount of $22.50 to cover the charge for reoording the following documents: Hallberg Horses, Inc. - Street Dedication ` Mrs. Elsie Mmes m Easement Thank you for your assistance with this matter. Sincerely, Doris Hartig City Recorder DH:lw Enc. r!Fi 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 r / Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections j!1` INpE:XECx Deputy gals