Loading...
84 ~ Pacific Highway ~ Garrett Street 84 Pro-ect: Willow Village Easement: 2 Deed Reference: B435/P790 Tax Lot: 2000, 2S 1 .2CB KNOW ALL MEN BY THESE PRESENTS: That we (I) John W. Setniker & Barbara A. Setniker hereinafter territed grantor (s� , in consideration of the sum of $ 00 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, togeLher with the -right to remove , as necessary,, vegetat=ion, foliag,;;, '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 n_- -, interfere with the uses ana :-urp,yEies the easement; said easement area being i,-7.5 feet oside, when mea- sured at right angles , of the following de6cribed center line within the following designated premises: Beginning at the Northeast comer of that tract of land recorded in Book 435, Page 790, Deed Records, Washington County, Oregon; thence North 620 251 West along the Northerly line of said tract 32.00 feet, it being understood that each side of said easement shall extend or shorten so as to intersect the same limiting lines as does the center line-, and being limited to that portion lying within the boundaries of said Setaiker tract. 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 3ttm both 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 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- I Easement BOOK.1014 PAGE 57 84 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 r�7,-() 19 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lion on the above described properties is hereby made subordinate to the easements above granted. Dated this day of 19 Mortgagee By Title STATE OF OREGON ) ss. County of On this day of 19 personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires : Page 2 Easement BOOK,1014 FAA 58 %ow, STATE OF OREGON ) ss. 84 County of INA"i'r!CT.)-) ) On this day of Z_ personally appeared the above named A,� Lj 1 -T Al 1,i<—rlif A N and acknowledged the foregoing instrument to be their voluntary act and deed. Before e. Notary Public for Oregon My Commission expires : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: ..... 11 1� Mayor By: City Recordel: STATE OF OREGON ) ss . County of Washington On this 24th day of February 1% 75 before me appeared Wilbur A. Bishop and —Doris Dorl-s—Hartid both to me personally known who being duly sworn, did say that he, the said Wilbur A. Bishop is the Mayor, andshe, the said Doris Hartig . is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Wilbur A. Bishop_ and Doris Hartig 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 iji thi my certificate first written. Nod 4N ublic for Oregon March 21 , 1975 My commission expires Nod for recMd...ZL/� 7-,5 7 .... 42C.—A.Mn. ROGER THOMSEN. tKtem" *j pq00X& Elecfiatw .................... D*PUtV Page 3 Easement nn mrL159 i� STATE OF OREGON County of WashingNIP'Oss 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 No. ------------------------------------------------------- of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections } V! 61 Deputy 13 , a a �s W 17Z I 1 c.l J �a