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79-037927 ~ 133rd Place OAT.00I-Project: . 0110604. EasemFnt: � 7927 Deed , f nce(: A! C,x • KNOW ALL MEN BY THESE PRESENTS: That we (X) AMART Development . Ltd. a partnership hereinafter termed grantor (s) , in consideration of the sum of $ -- 61 -- 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 additional 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 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 and purposes of the easement; said easement area being 7. 5 feet on each side, when measured at right angles , of the following described center line within the following designated premises : A tract of land being a protion of the S.E. 1/4 , Section 33, T. 1S, R. 1W, Willamette Meridian, Washington County, Oregon, City of Tigard, also being a portion of Lots 9 , 10, 11 and 12 , "Ash Valley Tract" , a duly recorded subdivision and being more particularly described as follows: Commencing at a point on the West line of said Lot 9, that is North 0°01 ' 37" West, 258 . 00 feet from the Southwest corner of said Lot 9; thence South 46°42 ' 35" East, 145. 00 feet; thence North 89°52 ' 31 " East, 207. 0 feet; thence North 29°19 ' 14 " East, 168 . 0 feet; thence North 10°03 ' 49" East, 298 . 0 feet; thence North 4°53 ' 48 "- East, 644 . 0 feet; thence North 36° 36 ' 40" East, 487 . 0 feet; thence North 4°30 ' 50" East, 18 . 69 feet, to The True Point of Beginning of the herein describ- ed centerline; thence North 4°30 ' 50" East 305. 31 feet to the Northerly terminus of said centerline. 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 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 sewer construction work, at which time, upon request of the owner, the City will issue a written release thereof. RECEIVED Nov 2 6 1979 Page 1 CITY OF TIGARD • Easement r • • 400W '4460• 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 13 day of November , 1978 AMART DEVELOPMENT, Ltd. (SEAL) (SEAL) By: Lutz Developm nt Co . , the general partner BY: ZL (SEAL) (SEAL) By; . �...._ -.' . �" (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this 13 day of November , 1978 Benj . Fra lin ederal Savings and Loan Assn. Mortgagee / By Ken Lien Sr . Vice President Title 1 STATE OF OREGON ) yr ) ss . County of ) On this day of , 19 , 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 : Page 2 Easement N t ' *MOO 1441011 FORM No. 24—ACKNOWLEDGMENT—CORPORATION. STEVENS.NESS LAW PUB.co.. PORTLAND.one STATE OF OREGON, ss. No County of_WAIN/NGTtlN On this i`3 day of No VFM cote , 19_70, PTHN before me appeared_ 4/ R 4. LitT and ge. ' POR both to me personally known, who being duly sworn, did say that he, the said A/P1 WA A). _-_4,lel-!_ is the President, and he, the said G`D - PO_1Q.RY__ is the Secretary of 1-47"_Z D O U r4OriMOIY_T CO the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and and acknowledge said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official se th day a y r st ov w Wen. (1-1/ otary Public for Oregon. My Commission expires / - .Z G FORM No. 24—ACKNOWLEDGMENT—CORPORATION. STEVENS-NESS LAW PUB.CO.. PORTLAND.ORE STATE OF OREGON, }-ss. County of Yn.4 n ,.-.4k. . l�On this /3 day of I'l ulr�w✓�it� , 19.7? , before me appeared and both to me personally known, who being duly sworn, did say that he, the said is the w 1/u-... President, and he, the said is the Secretary of E4 f 2.01 o�ou,. [ie-deC� ice. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora- tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and """"""' .; and acknowledge said instrument to be th ,free.act Opd%deed of said Corporation. Z1Y'TESTIMONY WHEREOF, I have hereunto set my hand and affixed 7 : my official seal the day and year last above written. • I3 Q Notary Public for Oregon. • My Commi ion expires 9-3.Q- 2 ,STATE .OF OREGON 44i) ss. County of ) On this day of , 19 , 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 : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF ,4":4104e(//0„;//, ,d) . __,4 Ci Ly Pecor er STATE OF OREGON ) ( ) ss . County of (a)a5 `i ) On this a7- day of u�c.cb Z � , 96. 7 , before me appeared H ji, J c-4'e`sov_ and Voi,,es both to me personally known who, being duly sworn, did a? that he, the sai fl/a,, /ticc/6 /5�-._ is the Mayor, and-She, the said Via..,----ti ., is the Recorder of the CITY OF TIGARD, a municipal corporaton, and the said g/aki /,c fs� and ") SS acknowledged the said instrument to bethetfree act anc deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offi,03ati seal , this the day and year i t i. - certificate first written. .•' , �,. Neta y Public o0Oregon : cal >„ _ t1x s� /qq •. r , My commission expires Page 3 Easement I • • M Iii c`N 0-1-$T 5 QQ N %*.....'.....-..\ . / c0 / / • //// / ? r1// DP%% //. fro//,.N \ / / 1 / Ii III 11 iI ! I f' -5err I I . ilI • I INI to it 4j 11 II II I1 • 11 III swk l � / RI t?j j .ti i o//• yil 1"s` `L ��-0z3+-w b%//vo — .o' a 20,,, t N TIA .. .. 4 • • • STATE OF OREGON dad 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 and recorded in book of records of said county. ROGER THOMSSEN, Director of eye., Records & Elections IRDEXEC2 SEP 17 ilwAti (p