81-040725 ~ McDonald Street y
Easement:
Deed Reference:
KNOW ALL MEN BY THESE PRESENTS : That we (1) 61040725
Arlie Leon Mawbirter and Irene Mawhirter
hereinafter termed grantor (s in consideration of the sum of $ none
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein-
after termed the City, hereby grant, bargain, sell and convey unto the
CITY OF TIGARD a perpetual right-of-way and easement as hereinafter
described, together with a temporary right-of-way and easement to use
an additional. area hereinafter described and designated temporary ease-
ment, 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, foliagt-- , trees and other obstructions wi,thin 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 , ex--ept to construct buildings,
as will riot interfere with the uses ana aurposes of the, easement;
said easement area being described as follows:
Beginning at a point on the west line of lot 28, Tigardville Heights, in
Section 11 T 2S , R-lW WB&M Washington County, Oregon, which is 170.00
feet South of the northwest corner thereof; thence South 880 46' 10"
East, a distance of 220.00 feet;
thence South 10 19' 00" West, a distance of 20.00 feet;
thence North 890 58' 07" East, a distance of 101.10 feet;
thence North 00 4' 24" East, a distance of 19.70 feet;
thence North 890 51' 50" West, a distance of 100.88 feet;
thence North 10 feet
thence North 880 41' 10" West, a distance of 220.00 feet to the
west line of said lot 28;
thence South 10 feet to the point of beginning.
Excepting therefrom that portion lying within the public right-of-way
of SW 97th Avenue.
2. Temporary easement:
Together with the temporary right of ingress , egress, and
regress , and use for, sewer construction purposes, of additional
lands
lying parallel to, along the north side 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 struc-
tures 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.
Page 1
Easement
Should it be necessary to cut and remove any brush, trees, or other matter or
materials from the easement area, the right of salvage to said brush, trees, or other
matter and materials shall remain with the grantors and all other debris from such
action of cutting and salvage 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 in-
specting, 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 18 day of 'Lt±\41t, 198/
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
STATE OF OREGON
ss.
County of
On thisday of
198 personally appeared the above
_'Cz 9 ki 01,
named lykU I A I r- ays-cL aa)hj�ler-
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
i2otiy Public for Oregon V
My Commission expires: _31-
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply
with each and every term and condition thereof.
CITY OF TIGA"RD
By:
By: 7a r
A.5-Y CA-1.4y
City Recorder
STATE OF OREGON
ss.
County of Wash
On this 23rd day of Nov 198 1, before me appeared Wilbur A. Bishop
and Doris Hartig , both to
me personally known who, being duly sworn, did say that he, the said Wilbur A. Bishop
is the Mayor, and he, the said Doris Hartig
is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said
Wilbjjr A. Bishop and ori g_jjnrfig
acknowledged the said instrument to be the free act and deed of said municipal corporation.
IN TESTIMONY WHERECF, I have hereunto set my hand and affixed my official seal,
this the day and year in this my certificate first written.
Notary Public for Oregon
4-14-84
My commission expires
Page 2
Easement
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 of said county.
ROGER tHOMSSEN, Director of
Records& Elections
10081 DEC -1 Pill 4: 05