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83-000975 ~ Park Street ~ Pacific Highway -000975 . KNOW- ALL AEN BY *SE PRESENTS: That we (I) J. B. BISHOP, AN INDIVIDUAL, 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 appertenances, 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 described on the hereto attached sheet entitled Exhibit "A" 2. Temporary easement: N.A. 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. t-11 Should it be necdr5ary to cut and remove any*e_lush, 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 29S' - J. B. Bishop —(SEAL) (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 of -, 19 Mortgagee By Title STATE OF OREGON ) ss . County of Washington 0 k On this (ITI-N day of personally appeared the above named J.B. BISHOP and ack. txlc the foregoing instrument to be their voluntary act and deed. Before me: 5tj -L41a4 Irk Notary Pub Publi7 for Oregon OF My Commission expires: j( -0(e-'ss Before me appeared and both to me personally known, who being duly sworn, did say that he, the said is the President, and he, the said as the Secretary of 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 and 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. 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 Byi'4� Mayor.. By: City Recorder STATE OF OREGON ) ss. County of Washington ) On this 'Th day of 19'TQ- before me appeared and both to me personally known whd, being duly sworn, did say thaU he, the said A . IS;s�ao is the Mayor, and she, the said I is the Recorder ofhe CITY OF TIARD, a municipal -i corporation, and the said 4, 4a and and L6*4s �jeL J;zf1'!R acknowledged the said instrument to be the fr)ee act and deed of sail munic'�'P'al �..ration. P4, -'1(,HEREOF, I have hereunto set my hand and affixed my off - 11 %4W, the day and year in this my certificate first written. VNotary Public for Oregon My Commission expires EXHIBIT "A" Sanitary Sewer Easement - Bishop property A sanitary sewer easement over the following described tract of land in Section 3 , T. 2S. , R. 1 W. , W.M. , Washington County, Oregon. Beginning at the Northeast corner of Lot 1 , MELROSE, a plat of record; thence S. 3003 ' 42"W. 20 . 00 feet along the East line of said lot 1; thence 3. 86'56 ' 18"E. - 15 . 00 feet thence N. 3103 ' 42"E. - 261. 35 feet; thence North - 242 . 90 feet; thence N. 9032 ' 25"E. - 262 . 70 feet; thence N89108 ' 25"E - 296 . 32 feet; thence N. 50129 ' 47"E. - 171 . 34 feet to the Southerly right-of-way line of S.W. Park Street [C.R. No. 13201 ; thence S. 89008 ' 25"W - 24 . 02 feet along said Southerly right-of-way line; thence S. 50029 ' 47"W. - 147. 32 feet; thence S. 89008 ' 25"W - 349 . 38 feet to the Northerly prolongation of the East line of FANTASY HILL, a plat of record; thence South - 515. 69 feet along said prolongation of said Easterly line and the Easterly line of said FANTASY HILL, to the initial point of said MELROSE; thence S. 3103 ' 42"W. - 240 . 95 feet, along the East line of said MELROSE, to the point of beginning; EXCEPTING THEREFROM A tract of land situated in Section 3 , T2S, RlW, W.M. , City Tigard, Washington County, Oregon, being more particularly described as follows : Beginning at the northeast corner of Lot 1, Melrose, a duly recorded subdivision; thence North 3003 ' 42" East, 240 . 95 feet; thence North 265. 5 feet to a point that 32. 5 feet northerly of the northeast corner of lot 16 , Fantasy Hill , a duly recorded subdivision; thence, along the east line of said Fantasy Hill and a northerly prolongation thereof, North 250 . 19 feet; thence North 89108 ' 25" East, 45 . 82 feet to a point; thence South 9032 ' 25" West, 254 . 40 feet to a point; thence West 3 . 65 feet to the true point of beginning. Contains 6 , 190 sq. ft. 4- STATE OF OREGON SS County of Washington 1.Donald W.Mason,Director of Assessment and Taxation 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. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio Chief Deputy Clerk 1963 J A M 9: 44 =e �,p � v/�nsn,3•ta y^r � .. .. Lb co - I c�t0 EMEME MT 'QE RLorn.t��b °\U i !Sx- RExuRNE,o 04 .r u NC ,,( I Vl D 1� 4 ell- s ErCK�vI� f :m41, o' yy 12//61E 2- > t ' r j