7276 ~ 115th Avenue Project: SW 115th Ave. LID
Easement: S.S.-2
Deed Reference: 7z4/era
KNOW ALL MEN BY THESE PRESENTS: That we (I)
Fred E. Trueax & W. A. Began
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, to-
gether with a temporary right-of-way and easement to use an additonal
area hereinafter described and designated 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 Storm sewer
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
described on the attached legal description denoted Exhibit "A"
2. Temporary easement: (None)
Together with the temporary right of ingress, egress and regress,
and use for said construction purposes, of additional lands
lying parallel to, along the sides and within - 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 structures present upon the
premises. This temporary easement shall terminate upon
completion of the construction work, at which time, upon request
of the owner, the City will issue a written release thereof.
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 work-
manlike condition, The City agrees that in connection with its
use of the perpetual easement area and in inspecting, repairing,
maintaining, or replacing said underground Storm sewer , the
City will leave the premises in a neat and workmanlike condition
and as nearly in the pre-existing state as practicable.
Page 1
Easement
BOOK 975 PACE 185
7276
•
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 ,y
day of
X 2/f67"(
r--11 (SEAL)
_.�
,e� � ) (SEAL)
At
X- _' . .__-i > -i _ (SEAL)
(SEAL)
(SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby subordinate to the easements above granted.
Dated this day of
Mortgagee
B`Y
i'
Title
STATE OF OREGON )
) ss,
County of L>1;, _- , )
On this day of N1 l9 -7
personally
appeared the above named a
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me
X j/
Notary Public for Oregon
ii
My Commission Expires :
- I-
Page 2
Ea eYiout
BOOK 975 PAGE 186
. 7276
STATE• 'OF OREGON )
) ss.
County of Washington _ )
On this 4th day of December , 1973 , personally
appeared the above named Fred E. Trueax
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Publi for Oregon 0
My Commission expires : 1 ).--1
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
::".::_,7::id
1 , '1..`°',L 4-i
C:i t y i..ccorder -'
STATE OF OREGON )
) ss .
County of Washington )
On this 23 day of April , 1904 , before me
appeared Floyd H._ Aprgn1 nn and Doris Hartig
both to me personally known who, being duly sworn, did say that he, the
said Floyd H Bergmann is the Mayor, and she, the said
Doris Hartig _ is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Floyd H. Berg4 nn _ and Doris Hartig
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.
c��C�. Q C om.w..�� ..ear -'
Notary Ptlic for Orego
. .. 1:4.\;),A\-)5
✓,
My commission expires
Page 3
Easement
BOOK 975 PAGE187
7276 voi
EXHIBIT "A"
Legal Description
115th Street Improvement
Storm Sewer Easement
That portion of the tract of land in Section 3, Township 2 South, Range 1 West,
of the Willamette Meridian, Washington County, Oregon, conveyed to Fred E.
Trueax and W. A. Began as described in Book 729, Page 62, Deed Records of
said Washington County, lying within a strip of land 30 feet wide, the center
line of which is described as follows:
Beginning at a point on the east line of the southwest one-quarter of said
Section 3, said point being North 0° 37' East 1892.0 feet from a stone at the
one-quarter section corner on the South line of said Section 3; thence North 89°
23' West 60.00 feet to the westerly teLminus of said center line.
STATE OF OREGON
D1 County of Washington ss
I ' 1, 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 and recorded in book of records
No.
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
Records & Elections ,
Asn 11 4 �'t
Vik15 1� 30fi