7052 'x'52
roject: Storm Sewer
casement: S.S. #1
Deed Reference: 961/766 -7
KNOW ALL MEN BY THESE PRESENTS: That we (I)
Richard L. Miller & Lee R. Miller
hereinafter termed grantor(s), in consideration of the sum of $1.00
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein-
after termed the City, hereby grant, bargain, sell and convey unto the
CITY OF TIGARD a perpetual right -of -way and easement& useof 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 storm sewer line and
appurtenances, together with the right to remove, as necessary,
vegetation, foliage, trees and other obstructions within the
easement are, 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
lying parallel to, along the Northwest side and within 5.0
feet, when measured at right angles, of the Southeast line of
the following described tract of land:
Beginning at a point on the Northeasterly line of Lot 5, Burnham
Tracts, a subdivision of record in Section 2, Township 2 South,
Range 1 West, W.M., Washington County, Oregon, South 45 46' East
120.0 feet from the most Northerly corner thereof, which point is
also North 42 06' East 20.0 feet from the most Easterly corner
of that certain tract of land conveyed to C.H. and Grace Embree
by deed recorded on page 651 of gook 265, Washington County Deed
Records; thence running South 42 06' West 20.0 feet to an iron
rod at the most Easterly corner of said Embree tract; thence con-
tinuing South 42° 06' West along the Southeasterly line of the
Embree tract, and the same extended 250.0 feet to an iron rod;
thence South 45 46' East 69.4 feet to an iron rod; thence North
42° 06' East (at 250.0 feet an iron rod) a distance of 270.0 feet
to a point on the Northeasterly line of said Lot 5; thence North
45 46' West 69.4 feet to the place of beginning. Excepting, that
portion thereof lying within the public right -of -way of 40 foot
wide S.W. Burnham Street.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for said construction purposes, of additional lands
lying parallel to, along the Northwest side and within 10 feet, when
measured at right angles, of the above described perpetual easement
area, excepting and reserving to grantors the unencumbered enjoy-
ment, 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-
thanlike condition. The City agrees that in connection with its use
of the perpetual easement area and in inspecting, repairing, maintain-
ing, or replacing said underground storm sewer line, the City will
leave the premises in a neat and workmanlike condition and as nearly
in the pre- existing state as practicable.
Page 1 998 FACE 7 JS
Easement BOOK
1.
• 7052 -.J
•
The grantors do hereby warrant that they are the owners in fee simple
and have the right to grant the above described easements.
. , -ss our hands and seals this day of , 19 0
Ali � . r/ / f.' � (SE (SEAL)
X %r_ � ) (SEAL) (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 19 e
bbrtgagee
BY
Title
STATE OF OREGON )
/ I ) 5S0
County of UOA SLn i i t&vc
On this < day of , 1921, personally
appeared the above named )< 1C1-1,4 R (7 I /'M/ L t_ E 2 - L EE R
HILLER
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
,,/
Notary Pu• o Oregon
My Commi sion Expires
t ,
(2 -23 - /9'7P
Page 2
Easement BOOK 998 PAGE759
•
7052
STATE OF OREGON )
)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 TIGARD
r
Mayor_ 6C4 1 7246-1.4----)
3y:
Ci. Ly ..ccorder
v
STATE OF OREGON )
)ss.
County of tJ a s )
On this a2-°l day of O c? k . , 1947/ , before me
appeared Phi d 9i. e - a h and v)o�,s Spa. - ,
both to me personally Y known who, being duly sworn, did say' that he, the
s id F1 64P-9,114 `,4 is the Mayor, and he, the said
\i r ,. uy ,fi is the Recorder of the CITY OF TIGARD, a municipal
, - orporation, and the said Ro /5 , " ,, and
\(JOYIS fr - -L 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 th', my certif fi t written.
/7/ ` 1 / A „ „o d,/ '
,4
Notary 7 b 4 f. •regon
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(b) Attorney Anderson commented he would soon be able to finalize the purchase
of land to be used for a parking lot adjacent to Cook Park.
12. RESOLUTION No. 74 -60 A RESOLUTION CREATING A CITY COUNCIL ADVISORY COMMITTEE ON
NOISE, AND DELINEATING THE SCOPE OF ACTIVITY OF SAID COMMITTEE.
(a) City Administrator requested Council bring recommendations for appointment
of committee members to next study session.
(b) Motion to adopt: Councilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
13. ACCEPTANCE OF SANITARY SEWER EASEMENTS
School District No. 23 -J - Twality Jr. High School (2) Sewer Extension
School District No. 23 -J - Templeton Grade School Sewer Extension
School District No. 23 -J - S.W. Murdock Street L.I. D.
(a) Director of Public Services & Facilities synopsized locations and purpose
of easements and recommended Council accept and authorize execution.
(b) Motion by Councilman Mickelson to accept and authorize Mayor and City
Recorder to Execute on behalf of City; seconded by Councilman Paterson.
Approved :by unanimous vote of Council.
14. ACCEPTANCE OF STORM SEWER EASEMENTS
Richard L. & Lee R. Miller
Daniels, Wiggins, Daniels Contractors
(a) Director of Public Services & Facilities requested Council accept storm
sewer easements and authorize execution.
(b) Councilman Moore moved to accept easements and authorize Mayor and City
Recorder to execute on behalf of City; seconded by Councilman Cook.
Approved by unanimous vote of Council.
15. CALL FOR SPECIAL COUNCIL MEETING November 7, 1974, 7:00 P.M. TO CANVASS RESULTS
OF NOVEMBER 5, 1974 ELECTION.
(a) Mayor Bergmann called a special meeting to be held at 7 :00 P.M. November 7th,
1974 at Tigard City Hall for the purpose of canvassing the election results
of the November 5th, 1974 election.
16. REQUEST FOR REIMBURSEMENT FOR TOWING FEES - Jack Shaw $7.50
(a) City Administrator reported receipt of towing bill from Jack Shaw who had
to be towed out of a ditch at the corner of Johnson and Grant. Attorney
Anderson recommended Mr Shaw submit a claim in factual form and that it be
submitted to our insurance carrier.
Council requested Mr. Shaw be notified of recommended procedure.
City Administrator reported staff had been directed to take steps to
improve situation.
17. OTHER BUSINESS:
Mrs. Raglione: Storm Drain
(a) Director of Public Services & Facilities, Mrs. Raglione and Council discussed
the storm drainage problem at the corner of S.W. Knoll Drive and S.W. Hall
Blvd. Director of Public Services & Facilities reported adjoining property
owner, Mrs. Summers, had given verbal permission to install a storm sewer on her
property. Staff will secure properly executed easement before proceeding with
installation of storm drainage line. Staff has requested engineer to survey
Summer ° s property October 29, 1974. Council concurred with staff actions.
PAGE 3 - COUNCIL MINUTES - OCTOBER 28, 1974