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98th Avenue 40.0 KNOW ALL MEN BY THESE PRESENTS: That we , NORMAN R. OTTOMAN and PATRICIA A. OTTOMAN, husband and wife , hereinafter termed "Grantors" , in consideration of the sum of $1. 00 and other valuable consideration to be paid by the CITY OF TIGARD, a municipal corporation, hereinafter termed "Grantee" , hereby grant , bargain , sell and convey unto Grantee a perpetual right-of-way and easement as hereinafter described , together with a 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 and appurtenances , together with the right to remove , as necessary , vegetation , foliage , trees and other obstructions within the easement area, but re- serving to the Grantors the title to the lands , subject to the ease- ment 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 seven and one-half (7 . 5) feet on each side , when measured at right angles , of the following described center line : That line lying parallel to and seven and one-half (7. 5 ) feet North of the South line of Parcel I of the real property described as follows : PARCEL I : Lot 10 , ALDERBROOK, excepting therefrom the portion lying North of a line described as : Beginning at a point in the center of 98th Avenue , which is South 0°13 ' West 326 . 70 feet from the North- east Corner of said lot ; thence North 89°58 ' West 333 . 3 feet more or less to the West line of said Lot 10 . (1 ) PARCEL II : "A" Survey of a tract of land in Lot 10 , of ALDERBROOK FARM, Township 2 South, Range 1 West Willamette Meridian , Washington County , Oregon ; Beginning at an iron pipe at the Northeast corner of Lot 10 , and going thence on center line of a 40 .0 foot width roadway North 89°58 ' West , 200. 0 feet to a point ; thence South 0° 13' West , 20.0 feet to an iron pipe on the Southerly roadway line ; thence continuing South 0°13 ' West 306 . 70 feet to an iron pipe ; thence South 89°58' East , 180. 0 feet to an iron pipe on the Westerly line of a 40 . 0 foot width roadway ; thence continuing South 89°58' Fast , 20 . 0 feet to a point on centerline ; thence on centerline North 0°13' East , 326 . 70 feet to the point of beginning, EXCLUDING that area taken for widening the road to the East 50 feet 50 feet , by reso- lution and order filed September 7, 1967 in Commissioners Journal 67 at Page 297. 2 . Temporary Easement : Together with the temporary right of ingress , egress and regress and use for said construction purposes , of additional lands lying North of said perpetual easement and parallel to and within 15 feet , when measured at right angles of the above described perpetual ease- ment area, excepting and reserving to Grantors the unencumbered en- joyment , use and preservation of all structures present upon the premises . This temporary easement shall terminate upon completion of the construction work at which time , upon request of the Grantors , the Grantee will issue a written release thereof. Should it be necessary to cut and remove any brush , trees , or other matter or materials from easement area, said brush , trees , or other matter shall be removed and disposed by The Robert Randall Company and the construction contractor, who during construction , shall leave the easement area in the neat and workmanlike condition. After acceptance of the construction work by Grantee , the Grantee agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said (2 ) 4000' r.rr underground sewer, the Grantee will leave the premises in a neat and workmanlike condition and as nearly in the pre-exising state as practicable. As part of the consideration for the granting of this easement , Grantee does hereby consent and agree that Grantor and Grantor' s property shall not be subject to any assessment , or obligation to reimburse any party for the construction work. Grantee will levy sewer connection fees and user fees in the event of any connection to serve the described property in accordance with the then current USA and City sewerage regulations . 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 day of 1980 . 0 Int slow For a consideration, the mortgage lien on the above properties is hereby subordinate to the easements above granted. DATED this day of ! 1980 . Mortgagee By Title STATE OF OREGON ) )ss : County of ) On this day of , 1980 , 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 : STATE OF OREGON ) )ss : County of On this day of , 1980 , 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 : ( h w,6,,,, 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 By _ Mayor �By City Recorder STATE OF OREGON ) )ss : County of _ ) On this day of , 1980 , before me appeared both to me personally known who , being duly sworn , did say that , the said is the Mayor, and , the said is the Recorder of the City of Tigard, a municipal corporation , and the said 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 in this my certificate first written. Notary Public for Oregon My Commission Expires : (� l SEE MAP *NO 2S 1 I I BD N co • Z 10 R=20 CC -1 1- ••• 23� CR. NoRe57 (40' WIDE) C W TERM C.R No 857 20 • • a BEG. CR.R. 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R *-4 • k589�0'44"E 1300 z 42'Ac. \ \ J 16 rr 1J �1' - J ' TRAC / • ANDERSON. DITTMAN E3c ANDERSON ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8065 S. W. CENTER STREET P. O. DOX 23006. TIGARD. OREGON 97223 630-1121 FRED. A. ANDERSON February 1980 DERRYCIC H. DITTMAN y 7 1 1 O ROGER F. ANDERSON Transamerica Title Insurance Co. 12415 S.W. Main Street Tigard, Oregon 97223 ATTENTION : Mona McKean Pursuant to the letter from Frank Currie , Director of Pub W , City of Tigard, I have redrafted the pro- pose (easement I am providing copies to all parties in- volvec By copy of this letter, I am asking the City of Tigard to review this easement to see that it meets with their requirements, so that when it is signed, this matter can be proceeded as expeditiously as possible . The original and one copy are enclosed with the original of this letter to Transamerica Title Insurance Company . When the enclosed easement has been signed by Mr. and Mrs . Ottoman, Transamerica Title Insurance Company is instructed to proceed as set forth in my letter dated Dec- ember 27 , 1979. Very truly yours , ANDERSON, DITTMAN & ANDERSON Roger F. Anderson RFA:ko enclosures cc : The Robert Randall Co. c/o Donald Drake Frank Currie Director of Public Works -,- RECEIVED FEB 11 1980 CITY OF TIGARD