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79-046729 ~ Summerfield Drive RECEIVED A ,. I ,u Project ..; Id Commercial & ' A 5 1979 Easemery S 'sewer Retirement Ctr. Deed Reference: 7 9 0 6 7 2 9 CITY OF TIGARD KNOW ALL MEN BY THESE PRESENTS: That we Mix Tualatin Development Co. , Inc. and Roderick Enterprises, Inc. , a Joint Venture and Sunday Comsumer, Inc. and Tualatin Development Co. , Inc. hereinafter termed grantor (s) , in consideration of the sum of $ 00.00 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 7.5 feet on each side, when measured at right angles, of the following described center line within the following designated premises : Beginning at a point located N-89°52'07"-E 525.90' along the South line of Section 10 T-2S R-1W W. M. Washington County, Oregon and N-00°07'53"-W 29.60' from the 1/4 corner on the South line of said Section 10 being the "True Point of Beginning" of a 15.00 foot wide easement 7.50 feet on each side of the following described centerline; thence: N-32°12'38"-W 204.56 ' ; thence: S-86°21 '21 "-W 396.45' ; thence: N-69°35'14"-W 75.39' ; thence: N-20°24'46"-E 294.00' ; thence: N-69°35' 14"-W 179.00' to the East line of S. W. Pacific Hwy. to the terminus. It being understood that the side lines shall lengthen or shorten to intersect. 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 the sides and within 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. Page 1 .� 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 •: .nt the above described easements. Witn= our Pares and seals this day of , 19 /' / r� (SEAL) (SEAL) Tualatin I-ve of t Co. , 411161.. (SEAL)(SEAL) _ (SEAL) Roderick ' Aterpris nc. and Tualatin Development Co. , Inc. (A Joint Venture) ��•� (SEAL) (SEAL) Sunday Co4 ee In . Fo a cc nsideration, 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 _ ) On this 8th day of October , 19 79 , personally appeared the above named Robert C. Luton of Tualatin Dev. Co. , Inc. and Robert C. Luton of Roderick Enterprise, Inc. , a joint venture and Bernard A. Gavino, Jr. of Sunday Consumer, Inc. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: • , car-e:0.0) cf14.441.44-41- otary Public for Oregon My Commission expires : 4/29/81 t'. ti' " � * h STATE OF OREGON )• 144 ) 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 : 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 , M or CiLy Recorder STATE OF OREGON ) ss. County of Wia s k On this - day of /tdve",dP/__ , 19679 , before me appeared E /ati /ffii.cka so►ti-- andd7 ,,..- L both to me personally known who, being duly sworn, did say &hat he, the said ) lay k &,k-it. s�., is the Mayor, and he , the said •,D,„., ,cidake.le, is the Recorder of the CITY OF TIGARD, a municipal f corporation, and the said Rlah 14, 'also and 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 ilk this my certificate first written. A02, ., , .w�' J :Lary Public for Oregon I/-0 —87 My commission expires STATE OF OREGON n , . [� County of Washington SS �•�•QC I, 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 of said county. pang ROGER THOMSSEN, Director of • -- -- - - - 0 11 ' .LalXa li I 5� v -- imPV I — J, ,, t ''' ' " " . ;..- .' '`'. .16.' ''''''S, / i/ ..=1‘1‘.' . i / I {'r�44 vv „aro / � __ ii J ,t 5 n _ o . ��� � �:� . ; • .v tea= • ,.>_ ,,., _,,_2___--k\--- _� .® fps C� h9h tip+ , V � - 1 '= s•6�, :4,..)-(1,. ., s °'zb i aoz / - :fie - • ,s ` , ./ y i • I 1 II N 1 r a /` f _ �` __ _„. _ ___ ,4:0\ „ ,,,,.. , „,.. _5_ ,_. , ......... _. _ r i