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Johnson Street 14 -7H KWXn dft SEWER BASEMENT KNOW ALL MEN BY THESE PRESENTS, THAT Citq of Tigard ��_. � - Tigard, Oregon 97223 a corporation duly organized and incorporated under the laws of the State of Oregon in consideration of the sum of Eight Hundred Seven and 50/100 --- dollars and other good and valuable consideration to them paid by the Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon, hereinafter referred to as Agency, the receipt whereof is hereby acknowledged, does hereby grant unto the Agency, its successors and assigns, the right to lay down, con- struct and perpetually maintain an underground sewer through, under and along the following described PERMANENT EASEMENT: A portion of that tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, conveyed to the City of Tigard as described and recorded in Book 647, Page 671, Deed Records of said Washington County, more particularly described as follows: A strip of land 30 feet wide, 15 feet either side of the following described centerline. Beginning at a point on the Easterly boundary of the afore- mentioned tract, said point being 20 feet, more or less, Southerly of the Southeast corner of Lot 15, Greenburg Heights Addition, a duly recorded plat in said Washington County; Thence: South 890 43' 241, West 232.93 feet; Thence: South 700 08' 361, West 267.24 feet; Thence: North 450 29, 54,, West 196 feet, more or less, to a point on the Westerly boundary of said tract, said point being 10 feet, more or less, Southerly of the Northeast corner of Block 1, North Tigardville Addition, Amended Plat, in said Washington County. As an incident to the use and enjoyment of the above described PERMANENT EASEMENT, and as a part of the consideration for payment of the above stated sum, the AGENCY, its successors and assigns, is hereby granted a TEMPORARY EASEMENT, identical in centerline location to the above described PERMANENT EASEMENT, being 100 feet wide, 25 feet right and 75 feet left of said centerline for the first course, then 50 feet either side of the aforementioned centerline for the remaining two courses, where feasible. Said TEMPORARY EASEMENT to be automatically extinguished on completion of laying down and construction of a sewer through, under and along the above described PERMANENT EASEMENT. - 1 - The foregoing rights and easements are subject to each and all of the following terms and conditions . 1. That the rights herein granted are subject to the express condition that in connection with the construction to be performed within the above described lands , the Agency shall, itself or through its agents , officers, contractors or employees , exercise such care as necessary to avoid disruption of existing sewer lines to the extent that same occur within the easement area and the Agency shall cause to have the location of pre-existing sewer lines, if any, within the easement area ground staked to thereby determine the course thereof. In the event of disruption of any sewer trunk lines of the City, the Agency shall assume full responsibility for immediate restoration thereof to its condition equal to that pre-existing such disruption at the Agency's expense. 2. No structure shall be erected within the perpetual easement area without the written consent of the Board of County Commissioners of Washington County , or other governing body of the Agency . 3. The easements and rights above described do not include any right or title to the surface of the soil within the easement area except as necessary , incident to the construction, replacing, repairing, and maintaining of the sewer line within the perpetual easement area. 4, Upon completion of the construction of the sewer line within the perpetual easement area, the agency shall cause to have the excavation refilled and the topsoil replaced as nearly as practicable at the surface and shall cause the same to be settled and compacted by use of a recognized medium and the Agency shall fur- ther thereafter, during the period of normal settle- ment of the soil within the excavation, cause to have the said trench refilled as necessary to re-establish the pre-existing surface contour prior to seeding as hereinafter provided. 5 . In the exercise of the rights hereby granted, the Agency shall require its officers , agents and con- tractors upon completion of the work, to re-seed the excavated areas to altafescue pasture grass and to take reasonable steps to assure the restoration of the excavated areas as seed-bed for such growth . 6 . Upon completion of the work, both the perpetual and temporary easement areas shall be left in a neat and workmanlike condition , free of all loose materials including brush, trees and debris which shall be dis- posed of off the premises by the Agency or its con- tractors . -2- .a .wr..,.. ...« ,,w. ....aiilkettiilF.lYi11liNAewwbo 4. E' i 7. The Agency further agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining and replacing still sewer line, the Agency will likewise leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. IN WITNESS WHEREOF, the Grantor, CITY OF TIGARD, pursuant to a resolution of its City Council, duly and legally adopted, has caused these presents to be signed by DANIEL L. LARSEN, its Mayor, and DORIS HARTIG, its Recorder, and its official seal to be hereunto affixed this q_''" day of Rat. 1972. CIT TIGARD By -- Mayor .� 1 . Recorder APPROVED: General Manager, UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY . By: Daniel 0. "totter APPROVED AS TO FORM: WASHINGTON COUNTY COUNSEL sy : STATE OF OREGON ) ) ss . County of Washington ) On this clay of l tc� 1972 , before me appeared DANIEL L. LARSEN and DORIS/HARTIG , both to me personally known, who being duly sworn, did say that he , the said DANIEL L. LARSEN is the Mayor , and she , the said DORIS HARTIG , is the Recorder of the CITY OF TIGARD, a municipality of the State of Oregon , and that the Seal affixed to this instrument is the seal of said municipality , and the said DANIEL L. LARSEN and DORIS HARTIG acknow- ledged the said instrument to be the free act and Gleed of said municipality. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year last above written . Notary itubllc for Oregon My Comm. expires - , ' ,,, -3- Ar •h Z tv 1 607 5, C l -- N-4 C/) coo ' �----{ i x _ IV ry 1670 u w N V ` u -4 f M OD N 4443 fs �✓,t Ob c 4433 C, Jl% I-11cl— co oil to -NOD •-�- vt n� 1a' x + "` »R 1401'3" `� �, o► \«� ti Als o M M. to � Rai ft Ali R co + LorOD 'jo +e — �' o tD •, y-� Cj ! c0 _ L 7.1 1 4 00,e r 7 �J t. " O h h