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79-044170 ~ 91st Avenue a=1- iA tr. ' o -ar County Courthouse Creeh. q712.= Deur r. Tho7.sseq: Ei-.close;.i is a chee% in the m.ou%t of S3 .Q t cover tie or recor.-1::.,1: the Street OeLlici.tion Zo.-r Street dedicz?.tion for TibLron eT.,er iYaent for Ti-Dc,ron Ce-..Ter Easc.aent for lax ower Thaak you for your assista-ucP with this 1,1att',r. Sircarai Doris "Earti City -:?ecorder DE:1— • Project: Easement: Dead Reference:7 9 0 4 4 17 0 KNOW ALL MEN BY THESE PRESENTS: That we (I) THE TIBURON COMPANY, an Oregon Corporation 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: An unencumbered perpetual right-of-way and easement and sanitary Sewer for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground storm 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 15.00 feet wide and further described as follows: A 15.00 (Fifteen) foot wide easement for Storm Drainage and for Sanitary Sewers purposes; said easement located in the Southeast 1/4 of the Southwest 1/4 of Section 35, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon and being more particularly described as follows: Beginning at the Northwest corner of that tract of land conveyed to Lawrence R. Henry and Nadine Henry as recorded in Deed Book 315 at Page 72, thence along the northerly line of said Henry tract North .92_54'31" East 192.80 feet to the westerly line of S.W. 91st Avenue; thence along the westerly line of said S.W. 91st Avenue; South 00°03'46" West 15.00 feet; thence along a line parallel to the North line of said Henry tract South 89°54'31" West 192.80 feet to the west line of said Henry tract;thence along the West line of said Henry tract North 00°03'46" East 15.00 feet to the Point of Beginning. 2. Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of the same land, 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 RECEIVED DEC 2 4 1979 CITY OF TIGARD 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 18 day of September ' 19 Zg yy . (SEAL) T IBURO OMPANY (SEAL) %:14Joseph H. Lipscomb zrt ��� = Executive Vice President t^�� "" (SEAL) (SEAL) J .� 4.. -- __ Via: Ga4'".1'' (SEAL) (SEAL) For a consideration, the mort<a,<(;c lien on the above described properties is hereby made subordinate Le 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 . w. 4 'Nome 410 STATE OP OREGON ) ) ss . County of Clackamas ) On this 18 day of September ,19 79 before me appeared Joseph H. Lipscomb and both to me personally known, who being duly sworn, did say that he, the said Joseph H. Lipscomb is theExecvice President, and he, the said is the Secretary of SHE TIBUROIT COMPANY 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 Joseph H. Lipscomb 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 a d year last . •ove written. G✓y{y M-4 (L0,4„,„,.4,,0 �}`�,• a:� 0.29 Notary Public for Oregon. My Commission (ibi/g#5 OF Ov. ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY : /�'RD /./r By . _ .. 1ayor By: Ci y Recorder STATE OF OREGON ) ) ss. County of (4Ja_,L On this ;� day of ® c-le , 19N ?y , before me appeared /7t/ ,, k,,, rte. and �orCG a�LLc both to me personally known who, being duly sworn, did say hat We, the said ///&A01„,�#1 lc is the Mayor, and he, the said /2-4- `v is the Recorder of the CITY OF TIGARD, a mun' cipal corporation, and the said 41/a,r, /tiJrcYP/sem and a1Jvr a.g 4t�� qq acknowledged the said instrument to be the ree acct and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official. Weal i, this the day and year . 11 ,h m ertificate first written. r`C f`7k rttr ota y Public for Oregon My Commission expires Page 3 Easement`" k, _ • STATE OF OREGON SS dad County of Washington I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- ( 7 - /bjveyances 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 f ✓ X� Records& Elections �D0.1j Ocr 25 3 i5 ?H'IS 4 . . ' .' - ~ . * # 100" Nile ., CONSENT IN LIEU OF MEETING OF DIRECTORS OF THE TIBURON COMPANY The undersigned, being all of the Directors of The Tiburon Company, hereby consent to the adoption of the following resolution: "RESOLVED, that either the President, the Executive Vice President or the Secretary-Treasurer, acting alone, be and hereby is authorized to execute in the name of this corporation, on its own behalf or on behalf0f any other entity for which this corporation is or may be authorized to act, any and all deeds , conveyances , plats , and any other instruments or documents in connection with the acquisition, development, handling mortgaging, pledging, sale of or any other action relating to, any real or personal property now owned or hereafter acquired by this corporation or by any such entity for which this corporation is or may be authorized to act, and that the Executive Vice President, acting alone, ne and hereby is authorized to delegate all or any, portion of such authorization to others , together with authority to redelegate. " . Dated April 2, 1979. I', , / ) )Jpff~,��\0- w . ' ))J ( - / Qruce H. Bruinsma