95th Avenue IMMOMM
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EASEMENTPa1ei
KNOW ALL MEN BY THESE PRESENTS : That KAY LIVINGSTON and
BESSIE LIVINGSTON , husband and wife , GRANTORS , in consideration
of One Dollar ( $1 . 00 ) and other good and valuable consideration ,
the receipt of which is hereby acknowledged , do hereby grant to
GORDON D. CARPENTER, GRANTEE, his heirs , successors and assigns ,
a perpetual nonexclusive right of way and easement to construct ,
reconstruct , operate and maintain an underground sanitary sewer
pipeline and storm system within the following described lands
in the County of Washington , State of Oregon , to-wit : the southerly
most fifteen ( 15 ) feet of the following described tract :
3eginniog at a p.•int on the ..est line of 9th
;,v . ( County Rd . 61uib) 269 . 03 feet south of an iron
pipe ;LaT -:log :.he of tract conveyed to T. C .
• c'r! < :; (:t: r"i L Cil in cOr , p . 21 , Deed Keooirds
thence ;<c° 45 ' ?est 232 . 7 feet to a point ; thence
S 0° iL ' E. 100 feet to a point ; thence N 88° 49 '
E 232 . 7 feet to a point on the West line of S .W . 95th
Avenue . ( Co . Rd . #1018) ; thence North along said
West line 100 feet to the point of beginning.
To have and To Hold the said easement unto the said GRANTEE ,
his successors and assigns , forever.
The terms of this easement are as follows :
1 . This easement shall be used by GRANTEE solely for the
purpose of a sanitary sewer pipeline and storm sewer. GRANTORS
reserve the right to use the land in any way that does not interfere
with the use , operation or maintenance of the sanitary sewer pipe-
line and storm sewer system.
2 . GRANTEE covenants that he will restore the land at the
end of such construction within a reasonable length of time , and
in any event not later than January 1 , 1978, to the same or better
condition than it was prior to such construction .
3. GRANTEE agrees to indemnify and defend GRANTORS from
any loss , claim or liability to GRANTORS arising in any manner out
of GRANTEE' S use of the easement . GRANTEE assumes all risk arising
out of his use of the easement , and GRANTORS shall have no liability
to GRANTEE or others for any condition existing thereon.
In connection with exercise of the rights herein , the GRANTEE
shall at all times while work is being conducted in connection with
the installation of the underground sanitary sewer pipeline and
storm sewer system, maintain and exercise all reasonable care to
avoid injury to persons and property , and GRANTEE shall prior to
exercise of any rights hereunder furnish to GRANTORS a certificate
of liability insurance naming the GRANTORS as co-insureds with
respect to personal injury and property damages with single limits
of not less than $300 ,000. 00 , and GRANTEE shall further save and
hold harmless and indemnify the GRAN_ORS from any and all claims ,
demands and amounts , including costs of defense and attorney fees
which the GRANTORS may be required to pay or defend against by
reason of the exercise by the GRANTEE of the rights herein described
during the period of construction and prior to the completion of all
of the work and in maintenance and use of the easement
GRANTEE shall fill and settle all excavation with clean fill
girt as soon as practicable after installation of the sanitary sewer
pipeline and storm system and shall subsequently refill the same due
to any settlement occurring within one calendar year after completion
of the work. GRANTEE shall dispose of all residue and leave the
premises in a neat , workmanlike condition .
The installation of said sanitary sewer pipeline and storm
sewer system shall be in strict conformity with the requirements and
standards for sewer construction of the City of Tigard, the Unified
Sewerage Agency of Washington County , or any other public authority
having jurisdiction in the premises .
- ;; „.. GRANTORS do hereby reserve to themselves the right to connect
to and utilize said sanitary sewer pipeline and storm sewer system
as a sewer outfall or discharge conduit in connection with any
improvements constructed by the GRANTORS , and reserve the right to
make any and all use of the surface of the easement area as shall not
be incompatible with the maintenance and operation of the underground
sanitary sewer pipeline and storm sewer ' system.
This easement is granted subject to all prior easements or
encumbrances of record .
The true and actual consideration for this easement is Five
Hundred Dollars ( $500. 00 ) .
IN WITNESS WHEREOF , GRANTORS executed this easement deed this
day of May 1977 .
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KAY L VnGS1TO , Grantor
$ES - E. rn�GSTON, Grantor
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ORION D. CARPENTE' , grantee
STATE OF OREGON )
ss
COUNTY OF WASHINGTON )
On this / --day of May 1977 , personally appeared Kay Livingston
and Bessie Livingston , husband and wife , who , being duly sworn , each
for himself, and not one for the other, did each of them acknowledge
said instrument to be his voluntary act and deed.
Before me :
Notary Public for Oregon
My Commission Expires : j/% % /"
2 - Easement
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