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9138 ~ Pacific Highway low 9138 Number: 7 8433 P 211 Deed Reference: B432 P 52 KNOW ALL MEN BY THESE PRESENTS: That we (I)Fred J. Shrier and Charlotte K. Shrier. Husband and Wife \% hereinafter termed grantor(s), in consideration of the sum of $ 700 .00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and casement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and casement for the purpose of constructing, recon- structing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove,as necessary,vegetation, foliage, trees and other obstructions within 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, except to construct buildings, as will not interfere with the uses and purposes of the easement; said easement area being 5—0 feet on each side, when measured at right angles, of the following described center line within the following designated premises: A ten (10.0) foot wide strip of land, being five (5.0) feet on each side of a line beginning at a point on the Northeasterly line of that tract of land described in Book 433, Page 211, Deed Records, Washington County, Oregon, said point being North– westerly forty–seven (47.0) feet from the most Easterly corner of said tract; thence Southwesterly to a point on the Southwesterly line of said tract, said point being forty–five (45.0) feet from the most Southerly corner of said tract; thence South 45055' West thirty–nine (39.0) feet; thence South 210141 West one hundred seven and fifty–two hundredths (107.52) feet to the ending point on the Westerly line of that tract of land described in, Book 432 Page 52 of said county, said point being North 00027 ' East one hundred twenty–seven and sixty–six hundredths (127.66) feet from the most Southerly corner of said tract. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within—_10.0 ---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 structures 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. BOOK 619 PAGE 261 • , 9138 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 work manlike 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—/ ay of. H _�-�-^-._ (SEAL) r ler "t�l o �.� P —__ {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 Mortgagee By -- --- -- Title . STATE OF OREGON, ) ss. County On tt�'$ i -��,��-day of_-lam 19-4 -, personally appeared the above named ,t��<5"ez . . s ,haat ackeowiedged We foregoing instrument to be their voluntary act and deed. PBefore me: ry N ary Public for Orego y Commission expires. -- �Z ,r 13141i Filed for record............ .. .. j.......?9.......at:........RAL ,{,R 19 PAGE 26? ROGER THOMSSEN, Director of Records & Eleetione BOOK �.lj By............................................ '#19 .....................Deputy 9138 STATE OF OREGON C A ty of Washington 66 1, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify- that the within instrument of writing was received and recorded inbook --------------------------------------------'/'4-1------ inthe Records of —------------------------------------------------ of said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy OCTZI 252 bit 166 4/ 6'