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8923 ~ Pacific Highway 0 _,Pow 4,10 4 8923 Number:9 Deed Reference: B 435 P 790 KNOW ALL MEN BY THESE PRESENTS: That we John W. Setniker and Barbara A. Setniker, husband and wife hereinafter termed grantor(s), in consideration of the sum of 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 easement 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 easement 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_-_ 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 North line of that tract of land described in Book 435, Page 790, deed records , Washington County, Oregon, said point being Westerly thirty-two (32.0) feet from the Northeasterly corner of said tract ; thence SoUtherly to a point on the South line of said tract , said point being Westerly ninety (90.0) feet from the Southeast 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 19 a 8923 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 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—._/——.._day of i ✓ � —�'✓� —(SEAL) ----- - —_-_-----(SEAL) ohQn W. etniker LSA"J-�-L..�. -_�' 4L � �(SEAL) -- _ --------(SEAL) Barbara A. Setniker - - --. _._..-- —'--- ___(SEAL) -- --- --- -- —(SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted, Dated this_.-YI-W--day of--_ Washington Federa avi ngs & Loan "� 7e Title STATE OF OREGON j ss. County of On this__._/�!�day of- �_—, 19 tv— personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. A Before me: Notary Publie for Oregon My Commission expires:_ _. b ^` '9 Y n : r Filed for X@C6Z(1. - ROGER TAQIV1S5E13, Dzzeataz of Records & Elections BOOK PAGE �Q ...............«..................... «......... .. Byh.. .. � .. .....Deputy l -A G STATE OF OREGON Cnby of Washington 8° �y T, 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 -------____------.__.._..----°----.......-_..-.-...CG.l.. _. in the Records of ..--.-- of said County. Witness my hand and seal affixed. ROGEN THOMSSEN, Director Deputy Sol