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4340 ~ Hampton Street .y i Ms ' 4 N d R ,qS leAt r p t 1E C f v D '.. .. ..... ..w • I is 196, Project: Hampton St. Sewer Ext. TIGARD Easement: #2 Deed Reference: Book 687, Page 16- KNOW ALL MEN BY THESE PRESENTS: That we (I) REX W. ZIEGLER and ZELLA G. ZIEGLER hereinafter termed grantor (s) , in consideration of the sum of $1.00 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, 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 5 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 Westerly line of that tract of land in deed to Rex W. Ziegler and Zella G. Ziegler, husband and wife, in Book 687, Page 164, Deed Records, Washington County, Oregon, said point being South 40°07' West 7.8 feet from the most northerly Northwest corner of said Ziegler tract; thence South 88°22' 42" East 215.0 feet parallel with the Northerly line of said tract, said Northerly line also being itheSoherly yth riht-of-way line of S.W. Hampton Street, to a pont; thence 81r-122' 00", 200.0 feet to a point; thence South 78°06 ' 30" , 169.6 feet to a point on the Easterly line of said Ziegler tract, said point being South 07°37 ' 18" West 5.0 feet from the Northeast corner of said Ziegler tract. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes, rposes, of additional lands South lying parallel to, along the,rsides and within 15 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. r s-.e: - w 7-"tr F"°9 + i•:.i'0. ya> + - t.. _ ° a } r zimt 4340 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 /1 day of , 1969 Rex W. Ziegler (SEAL) 66, 4( (SEAL) ��� dr Zella G. Ziegler / (SEAL) L . (SEAL) .�' `.� (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. IS) 7Dated this t! day of , 19 69 . Mortgagee By Title STATE OF OREGON ) ) ss. County of .0,t4a4� Y ) On this // day of � , 19 69 , personally appeared the above named Qy f/), i e q /&e �'`-� E 14 G 2/-e,/e,. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: /1 $' � y 47 4340 STATE OF OREGON ) ) ss. County of (,0a.,4,. 4 )4-- ) 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 OF TIGARD By: • :�. Mayo By: _ akc,orA City Recor•er STATE OF OREGON ) ) ss. County of Wash. ) On this 30th day of ,Tiny , 1969 , before me appeared Elvin G. loopand nnrtsHartig both to me personall7 known who, being duly sworn, did say that he, the said Elvin a. Kyle is the Mayor, andshe, the said npriQ Hartig i the Recorder of the CITY OF TIGARD, a municipal corporation, and the said mgin G le and acknowledged the said instrument to be the florist Aact and deed ,of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my ' c,fficial seal, this the day and year in i • my c ificate first written. 7- /5 7 Notary Pu. ic or Oregon My commission expires 4 • '0 STATE OF OREGON a >„) ss County of Washington I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certik that the within instrument of writing waist , received and recorded in book of records ''# No. . of said County - . • Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Deputy B 917 ' 9 43.40 I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder for the City of Tigard, Oregon. I further certify that I have compared the herewith copy with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a true and complete copy thereof. IN WITNESS WHEREOF I haime hereunto set my hand and seal of the City of Tigard this 1st day of August 1969. + (' `a: ilv - t/ _t. s 1. ; City Recorder 9 u 67 . Filed for record Q --8 19 at P. . BOOK 752 PAGE 848 ROGER THOMSSEN, Director of Records & Elections t J `�J7 C�JJ RYv 2 De Duty Project: Hampton St. Sewer Ext. Easement: #2 Deed Reference: Book 687, Page 1(- KNOW FKNOW ALL MEN BY THESE PRESENTS: That we (I) REX W. ZIEGLER and ZELLA G. ZIEGLER hereinafter termed grantor (s) , in consideration of the sum of $1. 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, 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 5 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 Westerly line of that tract of land in deed to Rex W. Ziegler and Zella G. Ziegler, husband and wife, in Book 687, Page 164, Deed Records, Washington County, Oregon, said point being South 40°07 ' West 7.8 feet from the most northerly Northwest corner of said Ziegler tract; thence South 88°22 ' 42" East 215.0 feet parallel with the Northerly line of said tract, said Northerly line also being the Southerly right-of-way line of S.W. Hampton Street, to a point; thence South 88 22 ' 00" , 200. 0 feet to a point; thence South 78°06 ' 30" , 169.6 feet to a point on the Easterly line of said Ziegler tract, said point being South 07°37 ' 18" West 5. 0 feet from the Northeast corner of said Ziegler tract. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes , of additional lands South lying parallel to, along the, sides and within 15 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. our hands and seals this // dayof , 1969 Witness Rex W. Ziegler (SEAL) 110, _, A (SEAL) dr dr ' Zella G. Ziegler (SEAL) - - — _(SEAL) � t. (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this n day of , 19 69 Mortgagee By Title STATE OF OREGON ) ) ss. County of idfl ) On this // day of �:t , , 19 69 , personally � 7 appeared the above named f x 60. i e g //&k' 4`--, G.' 2/e, and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: N.tary Public for Oregon My Commission expires : mY Con1"es,o' Expires SII 973 STATt OF OREGON ) ) ss. County of we.,4,-,l /4.ti. ) 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 OF TIGARD / By: (Glx , • - • / j Mayo , By: _ Lco ..._1.-- City City Recor er 47 STATE OF OREGON ) ) ss . County of Wash. ) On this 30th day of ! July , 1969 , before me appeared Elvin G. Xy1P and nnris Hartig • both to me personally known who, being duly sworn, did say that he , the said Elvin G. Xy1e is the Mayor, andshe, the said nnric Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Elvin a_ KvIe andfloris Hartig acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal , this the day and year in th°.--,-- ,' my c ificate first written. Noary •Publi tc for Oregon My commission expires