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78-047720 ~ 110th Avenue ~ Farihaven Court 04140 MA ''i ,• Pav„ ('e c 6ARDt 1.1 PAitK P`AGE Easement: Ae-/ Deed Reference: KNOW ALL MEN BY THESE PRESENTS : That we (I) Barbara J. Geer t�-- hereinafter termed grantor , in consideration of the agreement between grantor and Ted L. Millar, dated OD May 22 ----- , 1978 , —_- r- a44"'" 4^"_nrr--=.: 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 , (but subject to any building now existing) as will not interfere with the uses ani auLposes of the easement; said easement area being 18 feet in width within the following designated premises : Tax Lot 500, Lot 4, Block 4, Fairhaven Court, City of Tigard, Washington County, Oregon, also known as 13705 S . W. 110th Street, Tigard, Oregon: The South 18 feet of Lot 4, Block 4, of Fairhaven Court, a duly recorded plat in the southwest quarter of the southeast one-quarter of Section 3, Township 2 South, Range 1 West)of the- Willamette Meridian, Ws. C0,7 OrecsG.N. 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 north side and within 10 feet, when measured at right angles, cf 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 • yl 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 /9 day of ( , 19 7 (SEAL) 7� .4esa. y{�Ft/L (SEAL) (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 30th day of August , 19 78 State of Oregon - Department of Veterans' Affairs Mortgagee By 1� (—72 Title STATE OF OREGON ) ss . County of Washington _ ) On this 1. day of `,Lt , - , 19 78 , 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 : 5 - '5 - F Page 2 A Easement a, 'a. µy'0♦ i.. . ' .• ♦ ova i" �.:e • STATE OF OREGON ) ss . County of ) On this day of , 19_ STATE OF OREGON ss. County of Marion Before me, a Notary Public, personally appeared the above-named 4-Gf7�' /1 /lit-L-5 ,the duly appointed, qualified and acting Director of Veterans' Affa.ius,'and ackt owledged the foregoing instrument to be his voluntary act and deed. ()if 1#ITNES$ WHEREOF, I have hereunto set Lea ) and notarial seal this __ 1_ day of 7) Notary Public for Oregon 0 My commission expires: r rm'fOO.4.r6--2M=-11-83 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 OF TIGARD By• t-v- 4 .. ,. ;/ Mayor By: �,1�.- LC% c ) i y Recorder I r.o^r errs STATE OF OREGON ) ss. County of (00,41k1:4,4-&_. )_ On this 7dTy► day of ac'Iohe - , l9%7 , before me appeared J;IL 11 and otom r`cen ` 1.u:1sa,, both to me personally known w o, being duly sworn, did say that he, the said Lk); lJDcx.r- A . Q;${,o is th Mayor, and he, the said rPen w;is e,ti _ is the Retordeni idt 'h-Pe CITY OF TIGARD, a municipal corporation, and the said Mat o,.. and _ • , acknowledged the said instrument to be the free a 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 cert ' ficate first written. "17/497,' 4 Notary Public or or on -). _' STATE OF OREGON '' A ry c4-1 t ..":2/7/7 County of Washington 1 SS a $; 1 My Commission expires IRoger Thomssen, Director of Records P age,.3 =' and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within Easementir'' roti and recordedn inrubook of recordsment of writing rreceived No. of said County aWitness my hand and seal affixed. CITY OF TIGARDROGER THOMSSEN, Director of apo Records & Elections P.O. Box 23397 .i��y Cl,�- 12420 S.W.Main Tigard,Oregon 97223 I!N D E XED1 Deputy -�' .fir 30 1 Iii' i