80-031413 ~ Walnut Street ~ 128th Avenue tuJ/r 0 0003 1 4 I 3
Pro] � o.W Walnut St Sewer L.I.D.
Easement : No. 2
Deed Reference : 79038858
KNOW ALL MEN iiY THESE PRESENTS: That we MX Clifford A. and
Shirley_A. Leonard__
hereinafter termed grantor (s) , in consideration of the sum of $
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 ten 010) feet on each side, when measured
at right angles , of the following described center line within the
following designated premises :
Commencing at the Northeast corner of that tract of land described in Warranty
Deed recorded as Number 79038858 on September 24, 1979, Washington County, Oregon
Deed of Records. Said point being at the intersection of the West line of the
above referenced property and the centerline of S. W. Walnut St, County Road
No. 934. Thence: East along the centerline of S. W. Walnut Street, 10 feet to
the Point of Beginning:thenceSouth parallel to the West line of said tract
250.00 feet to a point.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes , of additional lands
East
lying parallel to, along the sidex and within 20 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
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 /5 `~ day of , 19d c).
/ • / �
,f�
' .�__�__ (SEAL) (SEAL)
..._ 41 "4 e ;024,7zem4s, (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 _ )
On this 15th day of August , 19 80 , personally
appeared the above named Clifford A. Leonard and Shirley A. Leonard
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Publif7LjZ
or Orego'h
My Commission expires : /o//8/1
Page 2
Easement
02
Now *tdoi
STATE OP OREGON )
) ss .
County of ) On this day of 19
before me appeared and
_ both to me personally
known , who being duly sworn,aid say Ehat-he,-the said
is the President, and he , the said
is the Secretary of w_
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 WHIEREOF, 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
The City above named hereby acccots the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY • r RIS
By:
ray. —
By : /'.'.14..
city Recorder / /
ii
STATE OF OREGON
) ss .
County of WASHTNGTON __
On this 25th day of August , 19 gp , before me
appeared Alan Mickelson and Doris H rti
both to me personally known who, being duly sworn, did say that Tie, the
said Alan Mickelson is the Mayor, and he, the said Doris
Hartig is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Alan Mickelson and Doris Nnrti
acknowledged the said instrument to be the free ac't 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 Pub is or Oregon /
My Commission expires
Page 3
Easement
AIM
STATE OF OREGON `44100
,0000
S�
County of Washington SS
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.
ROGER THOMSSEN, Director of
Records& Elections
Return to: yO
firj
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. ., City of Tigard
S. W. Walnut St. Sewer L.I .D.
Easement No.0
Deed 79038858 T/L 3502 2S-1-4 AD
H ARRIS - MCMONAGLE ASSOCIATES
UNOINXIIIMUI-IIIIIMMY011111
SOOIS S.W. COMMERCIAL STREET
TIGARD. OREGON 97223