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454 ~ Main Street ~ Burnham Street • • : tri' *mid Deed R,eference:Bk•286 p.673 454 KNOW ALL MEN BY THESE PRESENTS: That ERNEST RAY CHRISTENSEN and LOUISE I. CHRISTENSEN, husband and wife, and HENRY Y. GILES kid BERTHA GILES, husband and wife , hereinafter termed grantor, in consideration of the sum of 4 49.50 , to o y- be paid by the CITY OF TIGARD, a municipality of the State of Ore- c',;, gon, hereinafter referred to as the City, does hereby grant, bar- gain, sell and convey unto the CITY OF TIGARD a perpetual right of way and easement as hereinafter described, together with a tem- porary easement to use an additional area hereinafter described and designated temporary easement for the following uses and purposes: 1. Perpetual Easement: An unencumbered, perpetual easement 10 feet in width for the purpose of constructing, operating, maintain- ing and repairing of an underground sewer line and one manhole, together with the right to remove as necessary, vegetation, foliage and trees; PROVIDED, that the easement area shall include only the area now clear of buildings, and grantors reserve the right to construct surface buildings or structures within the easement area in such manner that the found- ations or footings shall not bear upon the. sewer line, and further provided that the City shall install that portion of the sewer line within 45 feet of the northerly right of way line of Main Street only by boring and not by ditch excavation, in such manner as not to interfere with existing structures. Said ease- ment area being five (5) feet on each side, when measured at right angles, of the following described centerline: In Tax Lot 2100 NW1/4 NE1/4 Sec.2 T2S R1W,WM 2S-1-2AB: TRACT I: Beginning at a point on the Northwesterly line of that tract of land described in Book 286 page 673 Deed Records of Washington County Oregon, said point being 42 feet on a bearing of N 45°14 'E from the most westerly corner of said described property; thence S32°10'E, 99 feet more or less to a point on the southeasterly line of said described property, said point being 17 feet more or less on a bearing of N60°12'E from the most southerly corner of said described property. 2. Temporary Easement: TRACT II: Together with the temporary right during construction period to use such area of grantors' lands as are free of structures for construction purposes, provided that same is restored to pre-existing condition upon com- pletion of the work. SPECIAL CONDITIUr S: In connection with construction of said underground sewer line the city shall cause to have any intersecting storm drains or other pipe lines which may be found across the easement area re-established to the pre- existing condition after construction of the sewer line. 5(4 ../.);:ijeL,1 MOK 517 PAGE 282 I_. N. *eV wrr , 454 The temporary easement shall cease when said sewer work is completed, and not later than November 1, 1964, and shall there- after be of no further force or effect. 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 grantors, their heirs and assigns, shall have the right to the reasonable use of said perpetual easement area for any and all purposes which do not interfere with or adversely affect the use thereof by the City for the purposes above described. The City agrees that in connection with its use of the perpetual easement area and its right to inspect, repair, maintain, or replace said sewer line, the City will leave the premises in a neat and work- manlike condition and as nearly in the pre-existing state as prac- ticable. The grantors do hereby warrant that they are owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this c day of June 9 1964• • �� e f SEAL n��� ) � xi-a. -g � EAL lAlt--e-i20(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 , 1964. • Mortgagee By Title STATE OF OREGON, ) ) ss. . County of Washington ) On this ,:i day of June , 1964, personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Be • a me: , , I -. —r / r`r-1 ,fir <: `o ary 'u• c or •regon My commission expires: ,a (_..7 176 /'- r < BOOK 517 PAGE 283 1 • 1 FORM NO. 23 — ACKNOWLEDGMENT STATE OF =M, UTAH STEVENSNESSLAW PUB.CO.. PORTLAND,ORE. 1 SS. County of_._5a ,!--( 4^ 5- BE IT REMEMBERED, That on this / __ 1 -------day of June , 19 61+ before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named RNEST RAY__CHRISTENSEN and LOUISE I. CHRISTENSEN ,,,, known to me to be the identical individual S described in and who executed the withip zrT trytn gnt`,and acknowledged to me that they executed the same freely and voluntarily. ' IN TESTIMONY WHEREOF, I have hereunto sei+ myl,ind and affixed i r) and ear t"aLb Written ial seal the daya las myoffic t' Public for iir �- .�/c My Commifrtar expires MY COMMISSION EXPIRES +',"'k, 'J'.. ! f.�� 9 SAY h 1961 • . , • . . . 45 • • to°• 0 —.404 - 17, Z100 • 0 32 i5 ,e• $ ' elt4 vJ -11 286 P‘73 • • 2,4" Sanitary SeweT Easement City of Tigard Ernest Ray Chrittensen & Neta Hilda Christensen Henry Y. Gil e s k Bertha Giles n4 I 1A 'LiTiMlqI emmikeif el-to/Ai PORTLAND - SEA1TLE Filed for record (141144 fS 194% Ce.„..OP.M. BOOK 517 l'An2S5 S -P/1 //h--- A Or rA-frAir f - - _ ..: ,-„, -.K. -- - . OLDEST � : TITLE CO r WIL: MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE 315 S.W. FOURTH AVENUE 11472 S.W.CANYON ROAD • BEAVERTON, OREGON 918 MAIN STREET PHONE • 222.9931 OLIVE 6-2651 PORTLAND,OREGON TELEPHONE MITCHELL 4-1194 OREGON CITY, OREGON HILLSBORO MIDWAY 8-4438 Frederick Anderson, Attorney at Law Order No. 304971 12035 S . Pacific Highway July 14, 1964 Tigard, Oregon Ze: Christensen/Giles Dear Sir : We are prepared to issue our certificate covering : Property as described in easement recorded in Deed 3ook 517, Page 232, showing title on July 13, 1964 at 2 : 53 o' clock P.M. vested in: 1/ ERNEST RAY CHRISTENSEN � -, /. (/ an estate in fee simple as to an undivided part I HENRY Y . GILTS and 3ERTHA GILES i an estate in fee simple as tenants by the entirety A as to an undivided part subject to the usual printed exceptions, and I . Rights of public in and to that part of the herein described premises within the boundaries of roads and highways. 2. Conditions contained in deed from August Ferdinand Rahn and Miranda Antonie Rahn, husband and wife , to A . H. Ruecy, dated October 2, 1906, recorded October 11 , 1906, in Book 73, Page 386, !geed Records of ' 'ash- ington County , Oregon, as follows : "Upon the express understanding and provision, however , that said premises and no dart thereof shall be used for the barter sale or giving array of spirituous malt, or intoxicating liquor of any kind . . 3. Tigard City Liens , if any. 4• Easements and right of way , including the terms and provisions Frederick Anderson, Attorney at L -w 2 Order o. 304971 thereof, granted to City of Tigard, recorded July 13, 1964, in Deed Book 517, Page 2. 2. , Note: 1963-64 taxes , $107. 90, said. (2$1 2AD 2100 23-24) Yours very truly, PACIFIC TITLE INSURANCE CO. ashington County Branch r0:mcs Wi 11 ia � H . Dunn . .. - . CIFIC TITLE 'INSURANCE CC 'IN B CO"Ir- ' . SUB-DIV. SEC. 2.... 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