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4539 ~ Walnut Street ~ 121st Avenue '—Ye,r' j i8 ��y.. 3 ' ` Project TL 201, 2S1 3B 9 Easement: Deed Reference: 426/534 KNOW ALL MEN BY THESE PRESENTS: That we (I) Lyle D. and Evelyn V. Goodell 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, 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: 1. . 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: Easement #1 Beginning at a point on the Northerly line of that tract of land in deed to Lyle D. and Evelyn V. Goodell husband and wife, in Book 426, Page 534 Deed Records, Washington County, Oregon, said point being North 82° 14' East 44.16 feet from the Northwest corner of said Goodell tract; thence south 22" 39' east 134.46 feet; thence south 02° 55' west 152.38 feet; thence south 02° 04' west 37.73 feet; to a point on the northerly line of that tract of land in deed to Joseph G. and Arelene V. Chamberlin, husband and wife, in Book 689, Page 464, Deed Records, Washington County, Oregon, said point being North 89° 30' west 28.00 feet from the Northeast corner of said Chamberlin tract. Easement #2 Beginning at a point on the southerly line of that tract of land in deed to Lyde D. and Evelyn V. Goodell, husband and wife, in Book 426, Page 534, Deed Records, Washington County, Oregon, said point being North 61° 45' east 113.08 feet from the southeast corner of said Goodell tract; thence North 0° 55' east 327.93 feet; thence North 8° 40' east 183.40 feet to a point on the southerly line of that tract of land in deed to Joseph G. and Arelene V. Chamberlin, in Book 689, Page 464, Deed Records, Washington County, Oregon, said point being North 89° 30' west 50.39 feet from the Southeast corner of said Chamberlin tract. It being understood that each side of the said 15 foot wide ease- ments shall extend or shorten so as to intersect the same limiting lines as does the center line. Being limited to that portion lying within the boundaries of the said Goodell tract. Page 1 Easement MODT3 PAGE 79 4539 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 thisr,„2,0 da •f � �, 192/ lir (SEAL) pe �// .,,� (SEAL) (SEAL) / / 7 (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 None Mortgagee By Title STATE OF OREGON ) Countyof Washington ) ss . On this 20th day of May , 19 71 , personally appeared the above named Lyle D. Goodell & Evelyn V. Goodell and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Nota y bublic for Oregon • My Commission expires : Dec. 26, 1971 Page 2 Easement BOOK 1013 PAGE 80 liriar' *xi STAVE OF OREGON ) e ) ss . ` County of ) 4539 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 -...,TIGARD By: (,i�1LGCZ ,,I , ",t„,+e-�,.,�--..� CITY r xm By: rt -C.a IN; •"' 4 City Recorder STATE OF OREGON ) ) ss. County of Washington ) On this 30 day of June , 199e71 , before me appearedDaniel L„,- Larsen and naris Har t-ig both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said Daniel L. Larc n Doris Hati is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said -Dae-i 1 L. Larsen and nail FtarFig acknowledge tcie sai instrument to be the tree 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 i / this my certificate first written. --ciec-----24.4.4,-04.9___ Notary P Ilic for Oregon 1 /61/71 My commission expires N M cnN Q ,, Q Q Q N Q ai 4- Q Q 5 0 Y: Q) "t U � .c _X fn 12 ""m 84. , ,..._ y.. ._ t0 11.1"_,. y C3 o c 0) 0 soc Q.- 32 43 Page 3 0 .N 2 t U - rc t c.J LU C C0 i' 'C3 ( 'c, Dm. Easement o ms H E a w O t. 0 o mQ o'ti, O E BOOK 1(173 PACE 81i C H 0 -° o m 0, +. 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