80-040466 ~ Grant Court ~ Grant Avenue **0
Easement:
Deed Reference: to
to
KNOW ALL MEN BY THESE PRESENTS : That we (I) __t
C:)
Ronald E. Phair, Jr. and Duncan Properties, Inc. an Oregon Corporation
CD
00
hereinafter termed grant--or cs,*v , in considerat':Lon of the sum of $ -0-
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein-
after termed the City, hereby grant, bargain, sell and convey unto the
CITY OF TIGARD a perpetual ri..ght-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, foliag,;, trees and other obstructions within the
easement area, but reserving to the grantors the title to the
lands, sub iect to the easement, and the right to make such use
thereof , ex--,ept to construct buildings,
as will. not interfere w)-th the uses anu ;urposes oi the easement;
said easement. area being 7.5 feet on, side ,. when mea-
sured at right angles , of the E-1-lowing described center line
with,-Ln the following designated premises :
7.5' on each side of the common lot line between lots 8 and 9, Winsome
Terrace Subdivision, Washington County, Oregon.
A portion of lots 8 and 9, in winsome terrace subdivision, being
a 15' strip, the center line of which is the common line between
said lots 8 and 9.
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 7.5'
feet., when measured at right angles , of the above described
perpetual easement area, excepting and reserving to grantors
the unencumbered en3ayment , use and preservation of all. struc-
tures present upon the premises,. This temporary easement shall
terminate upon completion of the sewer construe tion work , at
which time , upon request of the owne-- , the City will issue a
written release thereof.
Page I
Easement
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 12 day of - September 1980
Ronald ,, Phair
(SEAL) _4,-" __ �z (SEAL)
Duncan/
I
(SEAL) Bv:- (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 18 day of September 1 19 80
American Federal Savings and Loan Association
Mortg
Assistant Vice President
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 Pudic for Oregon
My Commission expires :
Page 2
Easement
rIM�'
. STATE_ OF OREGON
) ss.
County of Marion
on this 18th_ day of September 19 80 personally
appeared the above named Ronald C. Nichols
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.
i J
STATE OF OREGON �
) ss .
County of '_)
On this day of f ter— , 196 fe , before me
appeared � � 1 � ._and
both to me personally known who, being duly sworn, did say/that he, the
said is the Mayor, and he , the said �✓ �-��
_�� is the recorder of the CITY OF TIGARD, a municipal
corpora, and the said and
acknowledged the said instrument to be the free act and deed
of said, i nicipal corporation.
1'14; TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal , this the day and year in this my certificate first written.
Notary Public r Oregon
'- t !.
Ay commission expires
a�Ait OF OREGON � 0 �I
County of Washington SS
I, Roger Thomssen, Director of Records
G+ (tN and Elections and Ex-Officio Recorder of Con-
veyancesfor said county, do hereby certify that
{.p ,rt the within instrument of writing was received
gq J and recorded in book of records of said county.
�U 3 so,
Page 3 JV
1 ROGER THOMSSEN, Director of
1
� Records & Elections
I ,-✓�')
Easement P � �.
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