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5471 ~ Hunziker Street Pro3ect: DeKoning San. Sewer Easement: E-1 Deed Reftrence: 166/71 KNOW ALL MEN BY THESE PRESENTS: That we t1) Edwin W DeKoning & Patricia N. DeKo hereinafter terivied -'s : ; in c-,,nsideration of the sum of $ 1.00 to be paid by CITY OF TIGARD, a munlclpaL corporation of Oregon, herein- after ereinafter termed the Cif.y , flereb-r' qrant , bargain, sell and convey unto the CITY OF TIGARD a pe_rpet,.iziil right-of-way and easement as hereinafter described, together with a termzorary r:,ght-of-way and easement to use an additional. area herta.'knaft.er described and designated temporary ease- ment , for the follrowing uses and purposes : 1. Perpetual easemen : An unenoumbared perpetual right-of-way and easorrie_nt for the purpose -,)f 'reconstructing , operating , maintaining, inspectq and repa:_rinq of an underground seloier line and appurten".inceswith the -right t, remoi,-e , as necessary, vegetation , f,oiiaq, ,. trees and other obstruCtic.ns wlthln the easemen_ are i , butr. Leser ving to the grantots thc ti'tle to the ::ands , t_,-) the eisement , and the c h L-_ Make such use ther elcl , ex cept i.,o cons r.r u-'t bui'La--, nqs , as will. lnterfe-re with the uses anew _-,+jrpci3es or the easement; said e�,sameri,:. area being 7.50 ±eet on side- when mea- det:it.:.-ibed center 1.1ne su,recl at iight. anq'Les , of C with-Ln thc- designated pre-miseS., Existing Sanitary Sewer over the DeKoning property: Part of W.W. Graham DLC No. 39. Commencing at the Northwest corner of said GrahamDLC; thence South 82'37' East, 123.00 feet; thence South 22'47' West, 471.15 feet; thence South 67'13' East, 163.79 feet; thence South 8033'55" East, 57.34 feet to the point of beginning of the centerline herein to be described; thence South 78004'35" East, 134.17 feet to an existing manhole; thence South 770 33'35" East, 165.51 feet to an existing manhole; thence South 12019'30" West, 330.11 feet to an existing manhole; thence South 6003530" East, 281.95 feet, more or less, to a point in the easterly line of the DeKoning property, as recorded in Volume 166, page 71, Deed Records of Washington County, said point also being the terminus of said centerline. All of the above described centerline situated within Section 1, Township 2 South, Range I West, of the Willamette Meridian. 2. Temporary ease.-ent : Together with the temporary right of ingress , egress , and regress , and use for sewer construction purposes , of additional lands lying para ' 1ai along the side and within feet , when mr:=asored it right angles, ci the above described perpctual easement aieu, excepting and reserving to grantors the unencumber-d en-cyment , use and preservatlon of all struc- tures press-ent the premises, This temp -ary easement shall termin_:,te uj.'ion c ,,mpletion the sewer constr,. Ction work, at wh -_ft t .mt� request o-" the owner , the C_' ty wi 11 issue a writzen relr; ase Pdgt-' I Easement BOOK 950 P1C_78'38 5471 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 23 day of August 1973 (SEAL) ;V(SEAL) (SEAL() F (SEAL) (SEAL) (SEAL) For a consideration, UIE-2 mortgacie lion on the above described properties is hereby made subordinate to the easements above granted. Dated this __23 y day of August 19 73 'RnnIr nf Qyparm M tgaq)e By Vice President & Manager Title STATE OF OREGON ) ss . County of 'r At, el j eov On thisday of 19 73 , personally appeared the above named A AVa A,4. and acknowledged the foregoing instrument to b­eeir voluntary act and deed. Before me: 17 TTo- 'Ea-ry Public NQr Oregon My Commission expires : Page 2 Easement B 0 0 K 950 [`L':E 8 3 9 41iw STATE OF OREGON # ) ss. 5471 County of On this 7 day of 19 7 3 personally appeared the above named 11111,04,-elz 4-'Ii-pz 1:91,11 and acknowledged the foregoing instrument to be their voluntary act and deed. Before me,:,' for Oregod My Commission expires : � 7, 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: Mayor By- (fl Cy -ne 6 rder STATE OF OREGON ) ss . County of On this day of 19)?, before me appeared and both to me petsonally known' ' ' "'who, being duly sworn, did say/that he, the said is the Mayor, andt,he, the said J 11 t e Recorder of the CITY OF TIGARD, a municipal n, /and the said and VV/ corporation, , I acknowledged the said i-nstfument' 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 this my certificate first written. Notary4 blic for Ore on iNly commission expires q I riled for remrd... ...... -A M ROGrR THOMSSEN, TIV..................................... Page 3 Jf&T. .............- Easement BooK 950 PAUE840 STATE OF OREGON County of Washington ss 1, 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. -_ - __ -------------------------- '3 `, f said --------------------------said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections '_/�d- 610 De 19 A U0 H 73 CITY OF TIGARD P.O. Box 23557 12420 S.W. Main Tigard, Oregon 97223 ; G9c` 1 v t • y r td's f+►��� �> f i S v y - I SKEMH FOR LEGAL DEscmprlm ir Q VX /• 1✓L//6dFZ,4JrGCAGF1�'r 00 z L. Vi,Y1 t 1, Dote IW ARXX 8 CHASE ,Surveyors Inc. o 0 Phone- W-2116 �_ � 4100 uc tober 25, 1973 Washington County Department of Records & Elections Hillsboro, Oregon 97123 Attn: Roser Thomssen Dear Mr. Thomssen; Enclosed is DeKoning Sewer Easement to be recorded in the Washington County Deed Records. Our check to cover the recording fee is enclosed. Sincerely, Noris Hartig City Recorder DHalw Enclosure