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Resolution No. 73-39 C CITY OF TIGARD, OREGON RESOLUTION No. 73-_S_~_ RESOLUTION OF TIGARD CITY COUNCIL ACCEPTING DeKONING SEWER EASEMENT AND AUTHORIZING EXECUTION OF ACCEPTANCE BY CITY. WHEREAS, the City raquirestaa unencumbered fifteen (15) foot wide perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing all underground public sanitary sewer lines and appurtenances thereto; and WHEREAS, the City reserve's to the grantors of such easements the title to the lands, subject to the easement, and the right to sake use thereof, except to construct buildings or Like structures as would interfere with the use and purpose of the easement; and WHEREAS. Edwin W. DeKoning and Patricia N. DeKoning, property owners, propose to grant such an easement to the City for the aforesaid use and purpose and have executed a standard sanitary sewer easement grant form; and WHEREAS, the Venartment of Public Services and Facilities has recommended acceptance of said proposal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard that: Section Ir The City hereby accepts the grant of easement as described is a standard grant of easement form, a copy of which is attached hereto and made a part hereof. Section 2m The Mayor a:.d City Recorder are hereby authorized to execute acceptance of said grant of easement by affixing their signatures thereto and the City Recorder is instructed to properly record said grant of easement. DATED this _l -J. day of 1973 n Mayor - 'ity o T and ATTESTr C Rdco4dar - City of Tigard Project: DeKoning San. Swwer • Easement: E-1 Deed Reference: 166/71 KNOW ALL MEN BY THESE PRESENTS: That we (I) Edwin W. DeKoninR 5 Patricia N. DeKonine hereinafter termed grantor(s), in consideration of the cum of $ to be paid by CITY OF TIGARD, a municipal corporation of Oregon, erein- after termed the City, hereby grant, bargain, sell and convey unto tl.e 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, foliag-, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, sub3enc to the easement, and the right to make such use thoreor, except Lu construct buildings, as will not interfere with the uses ana fur po .es of the easement; said a;.scment area being 7.50 feet or. c side, when mea- sured at right angles, of the following described center line within the toll~wang designated premises: Existing Sanitary Sewer over the DeKoning property: Part of N.W. Graham DLC No. 39. Commencing at the Northwest corner of said Graham DLC; thence South 82037' East, 123.00 feet; thence South 22047' West, 471.15 feet; thence South 67°13' East, 163.79 feet; thence South 8°33'55" East, 57.34 feet to the point of beginning of the centerline herein to be described; thence South 78°04'35" East, 134,17 feet to an existing manhole; thence South 770 53'35" East, 165.51 feet to an existing manhole; thence South 12019'30" West, 330.11 feet to an existing manhole; thence South 60035'30" East, 281.95 feet, more or less, to a point in the easterly line of the DeKoning property, as recorded in Volume 166, page 71, Deed Records of Washington County, said point also being the terminus of said centerline. All of the above described centerline situated within Section 1, Township 2 South, Range 1 West, of the Willamette Meridian. 2. Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying para-lei to. along the _ side and within feet, when measured at right ang es, cf the above described perpetual easement area excepting and reserving to grantors the unencumbered en)ovment, use and preservation of all struc- tures present upon the premises. This temporary easement shall terainate 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 matter 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 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 23 day of 1973 (SEAL) (SRAL) (SE_4)_ (SEAL) --_---(SEAL) 61- (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. r Dated this 23 day of A-t , 1973 4 F4sst TSn ri ....ei Its^4 M tga z Cl/ Vice President Manager Tit e STATE OF OREGON ) i )ss. County of N Rr.~nNw V > On this ~Zday of A/GNS T 19 7-9, personally appeared the above named c'pw Gt) /~c f"o.u/N4 f• K~`~ /"iaT/t,ti~o and acknowledged the foregoing instrument to "eir voluntary act and deed. Before me: / / o ary Public r Osggon i My Commission expires- ;L7 /9 7S•- Page 2 Easement tlATE OF OREGON ) d County of Nd[TNbN,IN n) ,so. On this day of '4'W4usr 19 73, personally appeared the above named W 'L-. H LONG -r- y, /yr,ra~tl••y ~ts~ /IJ.1 i / C~'-a~yv - - d acknowledged the foregoing instrument to be their voluntary act and deed. Z- My Before Commission expires: 0 1 7,197a- ACCEPTANCE The City above named hereby accepts the foregoing grants .^nd agrees to comply with each and every term and condition thereof. CITY OF TIGARD BY: Mayo Yll by Li. Cy ccorderf i TATE OF OREGON ) i )ss. county of I d On this day of - 19¢xbefore me appeared -~j -an both to me personally Know n who, wing duly sworn, id say/that he, the said is the Mayor, and-,he, the said l p/ is the Recorder of the CITY OF TIGARD, a muni~-~~- corporation, and the said ` and a SC/o acknowledged the said nst ument o be the 'tree act an deed o said muni cTpal corporation. i 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. 4 zy is .-r or on -r on My commission expires A :Y 1 2. Page 3 ` Basement ;i )A