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1601 ~ Pacific Highway ~ Garrett Street September 3, 1974 Roger Thomsson DeDt. of Records & Elections Washington Co-xity Courthouse Hillsboro, Oregon 97123 Dear Mr. Thomssen: Please record the following easements in the 'Washington County deed records: S.S. #1 Drumm, Gilbert Pierce, etc. L 0 #2 Eastgate Theatres, Inc. , etc. Our check to cover recording costs is enclosed. Sincerely, Doris Hartig City Recorder D'H:p s Enc 1. Project:Webber Sew, Ext. 1f r Easement: S.S. #2 16101 Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (I) Eastgate Theatres, Inc. . an Oreton Couoration. (Dreviouslv known as Family Drive-In Theatre. Inc. ) and John D. Webber, Virginia Drumm, Gilbert E. & Grace Pierce (husband & wife) and juies -Re-s-9.ler. hereinafter termed grantor (s) , in consideration of the sum of $ 1.00 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 easement as hereinafter described, to- gether 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, reconstructing, 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 -_ 15__ feet wide and being more particularly described in that particular Ceasement) document recorded in Book 943 on Page 869-870 in file records of Washington County, Oregon. 2. Temporary easement: (None) Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes , of additional lands lying parallel to, along the sides and within - 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. Page 1 Easement Boa 991 PnE2'70 1601 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 19 — (SEAL) (SEAL) (Pres.) (SEAL) (SEAL)f-0 (Sec.) (SEAL) (SEAL) For a consideration, the mortqd(10 iien on the above described properties is hereby made subordinate to the easements above granted. Dated this —S- day of iFf ax-"4t Y , 197,4/ .UNITED STATES NATIONAL BANK Or QREGQ9 Mort agee By T41e V STATE OREGON ) ss . County of On this day of 19_, personally appeared the above named and acknowledged the foregoing instrume to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires : Page 2 Easement BOOK 991 P,ICE 271 STATE OF OREGON 1601L ) ss. July 74 County of Multnomah on this day of '19 before me appeared X Thomas P. Moyer and X Marilyn L. Moyer both to me personally known, whoeirig duly sworn, did say that--Ii,-e--,--t-.-he- --s-a-id Thomas P. Moyer- is the President, and .,be, the said Marilyn L. Mb—y-e= is the Secretary of Eastgate ea re, Inc. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors , and Thomas P. Moyer and Marilyn L. Moyer acknowledged said instrument to be the free act and' deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. kk A 1�f MAA&N&A Notary Pu is for Oregon. ,i,ly Commission expires February 9, 1977 Corporate Acknowledgment The City above named heroby acc(.­,-)(_,; the foregoing grants and agrees to comply with each and every term anti condition thereof. CITY OF TIGARD I.; By: Mayor By: ZHy'Xebordex STATE OF OREGON ) ss. County of Shing ten On this 27th day of August 19(y,�, before me appeared Floyd H. Bergmann and Doris Hartict both to me personally known who, being —duly sworn, did say that he, the said Floyd H. Bergmann is the Mayor, and he, the said Doris Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Floyd H. Bergmann and Doris Hartiq acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, 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 7_ - 17 City Acknowledgment My Commission expires Page 3 Easement BOOK 991 FACE272 1601 STATE OF OREGON County of —Multnomah On this --5th day of February ig. 74 personally appeared the above named and acknowLedged the foregoing instrument to be their volurtaty act �jnd deed, B f-f o r e ;ret for Oregon, Notary P�Iic�or O,-�gc�— My CoTmisslcn Expi:e-s� "___jane p.,_ 1977 STATE OF OREGON s County of Multnomah On this day of w. 19 I IN P E t F ra appearEd the above named and acknowledged the foregoing instrument to be their voluntary art and deed" Before rne,� N,ata-ryPiTL* for Oregon My Commission Expirps-,_June 8, 1977 Personal Acknewledgeffient Page 4 Easement BOOK 991 PAGE273 STATE OF OREGON 160:1 -7 County of On this day of perscmally appeared the above named and acknawledged the foregoing instrument be Itheir voluntary act and deed. BefoTe rres No,, ry Public for Oregon My Commission Expires-. STATE OF OREGON ss. County of 7" 144, personally On this d ay o f �R�>� 19 appeared the above named and acknowledged the foregaingrinstrument to be their voluntary act and deed. Before Notary Public for Oregon 'My Commission Expires-. INDEXED STATE OF OREGON County of Washington ss 1, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Can- veYonces for said county, do hereby certify that the within instrument of writing was received and recorded in book oc r4cords No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Personal Acknowledgement Deputy SE? 12 05 Ply g Page 5 BOOK OQ1 Easement ra-L PACE274 V 0 Iv tEE 1S 8DB I.y o L. Ai•f, i S :tij; :: is m 10.70Ac. _ . 7 Y .'}, f•• ,"1• - ,a.• .,+ 7.3•_ 1 { 1 w >. ' Y '. ,yet •�. .,,?.;.; - '.•Oj's�{�ri..'.r�'�'-,:: Ile raF:t'•' •_ (�- ;� ��,, _ ,q��:/jar' / '9' .t" .rJ c •, _ ' =+ sOJato'� 40 't•- .. LJ , +y.i „'�, . -w/�,;��,G�TS - t i�J$ r .r •r -. 47 j 900 G it 00 4000 e p, 49AC.. 1300 120 0.49 p.49AC ,� , - `i r .,:. " SEE P+1 A P 0 4 9 Ar ;. {1 4 9 A m (�/ is •-'� f +!5! { 'N ', '� ` '`�.. ` .!�' ply S co =' t t�1 2n5 1 2 3 + i REE _ a 42 5 0 1 2 s _ __— D V V!" LL ' a 0 1800 !60fl 170 1500 0..4-9,Ac• . a -- „ 1400 ti p.49AC• p.49Ad. a 49Ac r, /G7'' a 0. 49Ac• (, t 4uln C1 0 1 F cy A 13 it 14 it N 10 eoms FMCM ALL MEN BY THESE PRESENTS, that FAMILY DRIVE-IN /Now known as Eastgate Theatres, Inc . THEATRE, INC. , an Oregon Corporation, hereinafter called Grantor, does hereby grant, bargain, sell and convey unto GILBERT E. PIERCE JOHN D. WEBBER and VIRKNIA DRUMU4 and GRACE PIERCE, Husband and Wife, and JULES EESSLER,/hereinafter called Grar tee, a perpetual Easement for the purpose of constructing, maintaining and reconstructing therein and thereon a sanitiry sewer and storm newer line and conduits, in, over and across certain real property described as follows : Situated in Section 36, Township 1 South, Range I West of the Willamette Meridian, Washington County, Oregon: Beginning at the Northeast corner of the George Richardson D.L.C. in Section 36, Township I South Range 1 West of the Willamette Meridian, Washington County, Oregon; thence South 0' 131 West 794. 16 feet to a point in the centerline of Red Rock Road; thence North 890 47 ' West 2`. ) feet to a railroad spike 'marking, the inter- section of the Westerly right of way line of said Red Rock Road with the Southerly right of way line of the present alternate State Highway q> right of way line; thence following said State Highway right of way line on a curve to the right having a radius of 1462.40 feet (the long chord of which bears South 590 26 , West 244. 32 feet ) a distance of 244-59 feet to a " inch iron rod set as a State Highway right of way line monument; thence continuing along said right of way line South 64 5 13' West 329. 34 fet to an iron pipe; thence contin- uing South 640 131 West 8.71 feet to an iron rod set as a State Highway right of way monument; thence South 540 011 West 25"Q_�) feet to an iron pipe; thence South 00 30' West 395.8 feet to an iron rod and the true point of beginning of the tract herein described; thence South 00 30' West 206. 32 feet to the Southwest corner of Parcel 77 described in Deed recorded January 1, , 100'', in BnoV 677, Page 584, Records of Wash- ington County . , � thence South 880 !Y East 15 feet wA .ay .,a nouth line of said parcel; thence No- n 00 30' East M- A feet to a point inich Is South 89* 301 East 15 feet of the point of beginning; thence North 890 311 West 15 feet to the true point of beginning. 451 That said Easement is to be appurtenant to certain real property now owned by the Grantees lying and situated Northerly of the Northerly boundary of the real property hereinabove described. To Have and to Hold unto the Grantees, their heirs and assigns forever, for the uses and purposes hereinabove ocntioned. -N -.III711111E:'c"S the Groitor has cauaed these presents to be executed by the authority of its Board of Directors this g day of Awuot, 1973. FAMILY DRIVE-IN TEEATRE, !NC. , by: NOW KNOWN AS EASTGATE THEATRES, INC. its President STATE OF OIIEG-01,1 ss County of Washington A Cn this rnu3day of At, 1973, personally appeared THOMAS 70YER, who being duly sworn, did say that he is the President Now known as Eastg A te Theatres , Inc of FAMILY DRIVE-IN THEATRE, INC. , an Oregon Corporation, and that he executed the foreZoing instrument for and on behalf of said Corporation and by authority of its Board of Directors, and that the foregoing instrument is a free deed and act of said Corporation. Before me: ub-116--for- ore So.-, My Commission Expires -i3 tit 0 LV0� I 0 'U- U C 01 i� 02, C :3 >"E OV iyr ts- -6 0- C3 Ul) C12M Z E ". 0 C� F- PaJv 2 EAJT-'T4F1iT E Ui (I_"K 9 43, S 0 < V 6 5 �Q i it