79-037927 ~ 133rd Place OAT.00I-Project: . 0110604.
EasemFnt: � 7927
Deed , f nce(:
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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
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CITY OF TIGARD
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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
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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 :
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Easement
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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
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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
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