78-37122 ~ 110th Avenue ~ Farihaven Court CMEASIOW444=0"
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Easement: 5.s.*/
Deed Reference:
KNOW ALL MEN BY THESE PRESENTS : That we (I) EDWIN GAUSE and ETHER
GAUSE, hereinafter termed grantors, in consideration of the
agreement between grantors and Ted L. Millar, dated
1978 ,
_
kapf4ar—tag.med-4.4Q-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 ease-
ment, 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 anu ourposes of the easement;
said easement area being 15 feet cn/akyls9lia , when mea-
sured at right angles , of the following described ~voter line
The North boundary of Tax Lot 1301, Map 2S1, 3DD,
Fairhaven Court, City of Tigard, Washington County,
Oregon, a more complete legal description of which
is attached hereto and incorporation herein
( See Exhibit "A" attached. )
2. Temporary easement:
Together with the temporary right of ingress, egress, and
regress , and use for sewer construction purposes , of additional
lands
lying parallel to, along the south side and within 10
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 struc-
tures 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
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Should it be necessary to cut and remove any bruh, trees , or other
matter or materials from the easement area, said brush, trees , or other
matter and materials shall be removed and disposed of b.�, the City and the
City shall leave the easement area in a ,neat and workma like condition. The
City agrees that in connection with its use of the perp, ' ual easement area
and in inspecting , repairing, maintaining, or replacing aid sewer line, the
City will leave the premises in a neat and workmanlike ndition 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 } 4�C , 19
&fee( z ` C/ �cc (SEAL) (SEAL)
/2)) `_- _.. (SEAL) (SEAL)
•
(SEAL) (SEAL)
There is no mortgage lien on the above described
properties I7we agree to the above granted easement: . - - ::
Dated this Z 7 day of ---(42,74 , 19 7i.
DEEDI-tOLDER:
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ta,.
STATE OF OREGON )
) ss .
County of )
On this 'w 4 dayrof , 19 78 , personally
appeared the above named Elkv..z.„,, � � clfdta C � am^A0 U e.•r-yr�-�
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
•
Aar
0
Notary Public for Oregon
• My Commission expires : 3- 5-- -2
Page 2
Easement
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101101
•
STATE OF OREGON )
) ss.
County of ) On this day of , 19
before me appe. ed and
both to me personally
known, who being du y .•rn, did say that he, the said
is the President, a - he, the said
is the Secretary of
the within named Corporation, a • that the seal affixed to said instrument is
the corporate seal of said Corpor. . ° on, and that the said instrument was
signed and sealed in behalf of said poration by authority of its Board of
Directors , and and
acknowledged said instrument to be the fre- act and deed of said Corporation.
IN TESTIMONY WHE . •F, I have hereunto set my
hand and affixes y official seal the day
and year last abov- written.
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 OFTIGARD
/'
By: liG �Z ,
� " ' r
Mayo
By: . w�Ce,.
1 y Recorder_ ra. ,..
STATE OF OREGON )
) ss.
County of� )
On this C/Th day of ,� 8"
- , 19 '7 , before me
appeared
41), 0 10c,- - 8)( 1,),,,,-) and Lore.En l v,Il Son
both to me personally known whd, being duly sworn, did say that he, the
said ; {bu►-- 8,siais the Mayor, and he, the said L-or ,,
(�, f s�r is tcc
he Recorder ofQthe�CITY OF TIGARD, a municipal
corporation, and the saidup,‘ ) , P e ,<<2,,, and L_Gre„e„ ( ,'f so,t
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 certificat irst written.
� Notary Public for Oregon
: 47t 0 — 'D . . -7 — Z74.1/ ,
F. d r-) `; My Commission expires
Page 3 „)'' /, 44 4,,
Easement t, .,*r=•.�
3
Exhibit "A"
Garden Park Place
Easement for Offsite Sewer
A tract of land 15.00' wide situated in the southeast one-quarter of the
southeast one-quarter of Section 3, Township 2 South, Range 1 West of the
Willamette Meridian, Washington County, Oregon, the north line being de-
scribed as follows:
Commencing at the point of intersection of the east right of way line of
Southwest 110th Avenue and the extension of the south line of Fairhaven
Court, Block 6, thence easterly along said south line of Fairhaven Court
to the west line of Parcel I of that deed recorded in Book 567, pages
235 and 236, September 13, 1965.
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STATE OF OREGON
��
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
y� ?¢ and recorded in book of records
�� No.
CITY OF TIGARD of said County
P.O. Box 23397 Witness my hand and seal affixed.
12420 S.W. Main,Tigard, Oregon 97223 ROGER THOMSSEN, Director of
Records & Elections
Deputy
C3 i i s�
INDEXED > Ac 13 I !
78 37122