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1802 r`v Pro, _,t: Wilcox's 96 units Easement: y 1 1~.. Deed Reference: KNOW ALL I EAT 4r SE PRESENTS: That 0Fe ( I ) Leonard R. Davis PkA U lJJ hereinafter termed grantor(s), in consideration of the sum of $1.00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, ereina ter 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 --ten (10)feet on each side, when measured at right angles, of the following described center line within the following designated premises: Beginning at a point on the northerly right of way line of S. W. Bonita Road, said point being S 88° 59' W 237 feet from the Southwest corner of that tract of land deeded to the City of Tigard recorded in Book 578, page 345, Deed Records, Washington County, Oregon; Thence, N 80° 18' E, a distance of 245.2 feet to a point which is N 64° 36' E 16.6 feet from the Northwest corner of said City of Tigard tract. 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 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 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. Page 1 Easement 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 - tter and materials shall be removed and disposed of by the City and the ,ty shall leave the easement area in a neat and workmanlike condition. The ,.ty agrees that in connection with its use of the perpetual easement area id 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 / day of v 19&_/. (SEAL) (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 _12th_ clay of September 1969 Mortgagee By Title STATE OF OREGON ) )ss. County of Multnomah ) On this 12th day of September 1969 personally appeared the above named L$ONARD R. DAVIS and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: iota Public for Oregon My Commission expires: January 10, 1973 Page 2 Easement FIOPK J P STATE OF OREGON ) )ss. County of ) On this day of ,19- before me appeared and both to me personally known, who being_duly sworn, did say that he, the said is the President, and he, the said is the Secretary of the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and and acknowledged 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 seal the day and year last above written. idotary PubfiC_for Oregon. 1y Commission expires ACCLP`IALICL 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: Mayo By: City Recorder STATE OF OREGON ) )ss. County of Washington ) , before me 1 On this : day of 196 appeared Elvin G. Kyle and Doris Hartig both to me personally known who, being duly sworn, did say that he, the said Elvin G. Kyle is the Mayor, and he, the said Doris Hartiq is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Elvin G. Kyle 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 c_ortificate first written. Notary Public for Oregon My Commission expires Page 3 Easement