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91-030975 ~ Mara Court 91030975 Washington County INDIVIDUAL PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT RUSSELL W. DUBBELS and PEGGY L. DUBBELS, as tenants by the entirety of Lot 5, MARA WOODS, in the County of Washington and State of Oregon, hereinafter called the Grantors, in consideration for the sum of I lit A Dollars ($,,' cc ) from the City of Tigard , her6inafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line on the following described parcel of land, situated in the City of Tigard, Washington County, State of Oregon: See EXHIBIT "All attached hereto IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover, including maintenance and replacement of Grantors' landscaping within the easement; provided, however, that such use shall not interfere with the purposes of the easement. It is Grantors' express intent that this document revokes and JA replaces that certain easement recorded February.--,,;`_ � 1987, under Document No. 87-012691, records of Washington County, Oregon. IT IS EXPRESSLY UNDERSTOOD, that in performing construction, maintenance, repair or replacement, should the surface or any improvements of the easement, including Grantors' fences, cement sidewalks or driveway, be disturbed, said surface or improvements shall promptly be restored by Grantee to their original condition, to the extent feasible. Any trenching or digging in the easement will be done with small power equipment to minimize damage to the Grantors' property. Grantee will remove, safeguard and replace underground sprinkling systems or yard lighting and, to the extent feasible, plantings, during the course of any required maintenance or repair. IT IS EXPRESSLY UNDERSTOOD, that any operation, maintenance, repair or replacement performed hereunder shall be at no cost to Grantors unless agreed to in writing by Grantors. GRANTEE AGREES that it will permit no mechanics' , material- men's or other liens to stand against Grantors' premises for work or material furnished Grantee in connection with the easement granted herein, and Grantee agrees to indemnify and hold Grantors harmless from the same, or any other claims arising out of Grantee's use of the easement. 1 - PERMANENT SANITARY SEWER EASEMENT RE'I'[JRN RECORDED DOCUMENT TO: 1 _ , r CITY RE00RDER, TIGARD PO BOX 23397 TIGARD OR 97223 IT IS EXPRESSLY UNDERSTOOD that, except in the case of an emergency, Grantee will provide Grantors with advance notice of any scheduled maintenance, prior to the time the Grantee or its agents commence any maintenance or repair work within the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. The rights and protections reserve by Grantors herein shall run with the land and benefit Grantors' heirs, successors and assigns. IN WITNESS WHEREOF, the Grantors have hereunto set their hands this day of 1991. RUSSELL DUBBELS )PEGGY L. DUBBELS STATE OF OREGON ss. County of SUBSCRIBED AND ACKNOWLEDGED before me this...,,!' kJ da'y"';, of 1991, by RUSSELL W. DUBBELS. Notary Publid M� commission Expires: STATE OF OREGON ss. County of SUBSCRIBED AND ACKNOWLEDGED before me this h 14-1-t - da7i,,, of 1991, by PEGGY L. DUBBELS. 0 ..... . Notary Public fot Qr-ggp My commission Expires__,. PERMANENT SANITARY SEWER EASEMENT 4; 2 D Approved as to legal description thirZa �j day of 1991. By: z V Approved this ;N14 day of 1991. By: Title: AFTER RECORDING, RETURN TO: Kenneth M. Elliott O'Donnell, Ramis, Crew & Corrigan 1727 N.W. Hoyt Street Portland, Oregon 97209 KME2\90024\4\Smer2.LwAjd 3 - PERMANENT SANITARY SEWER EASEMENT �--3 THE (7.50' WIDE) NORTHWESTERLY HALF OF THE FOLLOWING: A strip of land 151 wide, which is described as follows: Lying 7.50 feet on each side of that line common to Lots 5 and 6, MARA WOODS, a duly recorded plat in the Northwest 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, the centerline of said easement being more particularly described as follows: Beginning at the Northerly corner common to Lots 5 and 6, said MARA WOODS plat; thence South 520 171 4911 West along the Lot line common to said Lots 5 and 6, a distance of 108. 69 feet to the Southerly corner common to said Lots 5 and 6, said point being the terminus of the herein described centerline. WITH THE SIDELINES of said easement lengthening or diminishing so as to begin on the Southerly right of way line to S.W. Mara Court, and end on the South and West boundary lines of said MARA WOODS plat. STATE OF OREGON County of Washington SS 1,Jerry R.Hansrgjr@p�orof Assessment and Taxation an 1! ffi .6 , order of Con- veyances 6 run county,dog hereby certify that the within ing rument of wr!1:44 wg"ejeceived and recorded in book of records of 94icl,pounty. Jerry R. Hanson, qireiplor of Assessment arvd:TaXati0b, Ex- Off icio County Clark EXHIBIT "All Do<--. 91030975 Re(,-t : 56273 28 . 00 06/14/1991 02: 32: 40PM