11381
FO?M_No..n3--BARGAIN AND SALE DEED (indual or Corporate(. STEVENS-NESS LAW rue. co.. PORTLAND, OR, 97204
AK BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PRESENTS, That..................... TI.GARD___WATER_ D_ISTRICT---
_a._Municipal___Corporation. of the County._of__Washington.. hereinafter called grantor,
for the consideration hereinafter stated, does hereby grant, bargain, sell and convey, unto $ENCHVIEW
ESTATES",""--a-.-1oint..-venture•--cores sting...-of---COLUMBIA_-EQUITIES_--I"NC....
hereinafter called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County
of .............Washington....... State of Oregon, described as follows, to-wit:
and State of Oregon
an Oregon Corporation and L.A. DEVELOPMENT COMPANY, a Partnership
consisting of LOUIS J. FASANO and ARTHUR $ ASSOCIATES REAL ESTATE, INC.
an Oregon Corporation
THIS DEED IS GIVEN TO EXTINGUISH AND REMOVE EASEMENT RECORDED FEBRUARY
14,1963 in Book 481,Page 41 further described on the reverse of
this Deed.
t >L1 r 1~
(IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE(
To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever.
t~ The true and actual consideration paid for this transfer, stated in terms of dollars, is NONF-
~K@kcX~c~@§tr#~~~~'!~`lc~ Q~~~E~@X9~X~C~FIk~@X~~Ex~l7ilR~C~cR~c~ht~Ci~IC~c~CR~P#~i~4~~X~.
part of the°~lXr~~1C1(3~QRtIC ]ftX14C8Q4@~LIIG~C~Pr~4~elEPc X
In construing fhis deed and where the context so requires, the singular includes the plural and all gr tical •
changes shall be implied to make the provisions hereof apply equally to corporations anCed vrcals.
In Witness Whereof, the grantor has executed this instrument this...$th..day of.. 79..8.7.;
if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by
order of its board of directors. T I GARD WATER DISTRICT by:
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- • ....................c_............................................................._...............
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING Denis Borman.
THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR G(~ "Le! Robert C .Bledsoe
.COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. ; -•i
(If the signer of the above is a corporation,
we the form of acknowledgment opposite.( (ORS 194.570)
STATE OF OREGON, ) STATE OF OREGON, County of ..--Was.hing-t-pn----------------------------- )ss. I
)Ss. The foregoing inst was acknow god before me this
County of ecember 8,
The foregoing instrument was acknowledged before -Ad~evefhor . 19.97.,by-- - _c rtRS ~.J--.•- ,
DeniR---ROM 1ir s'dent, and by .
me this ...................................................................19........, by
Robeert,.- -B -e t P
TI..................................
a ation ,on behalf of the corporation.
Oregon Ntunici al corpor
Notary Public for Oregon Notary Public f regon
(SEAL) (SEAL)
My commission expires: My commission expires: F eb 2 , 19 91 (If executed by a corporation,
affix c.'sms a seal)
Tigard "Water District STATE OF OREGON,
SS.
- . County of I I
GRANTOR'S NAME AND ADDRESS 1 certify that the within instru-
B en c by i ew Estates ment was received for record on the
8Y75 S IV Beavertonday of .19
Port'1-and•*Oregon 9.7.2.2..3 .
at o'clock. ----..M., and recorded.
GRANTEE'S NAME AND ADDRESS SPACE RESERVED
in book/reel/volume No on
After recording return to: FOR
RECORDERS USE page or as fee/fJle/instru-
_ ment/microfilm/reception No.. I
Record of Deeds of said county.
NO Chan a Witness my hand and seal of
NAME, ADDRESS, ZIP
County affixed.
Until a change Is requested all tax statements shall be sent to the following address.
NAME TITLE
B Deputy
NAME. ADDRESS,. ZIP
i
An easement o. a strip of land 20 feet width lying 10 feet
on either side of-che following described cenz6rline; Beginning at a
point on the North line of the Zirmer Tract described in Book 269,
Page 157., Deed Records, Washington County, in the Southeast 1/4
of Section 4, Township 2 South,Range l West , Willamette Meridian,
which point is South 89 degrees 26' 20" West, 330.0 feet from the
Northeast corner of said Zirmer Tract, which point is also on the
centerline of the southern terminus of S.W..132nd Avenue.; thence
South 24 degrees 14' 40" West, 137.73 feet; thence South 33 degrees
41' 09" West , 102.99 feet ; thence South 50 degrees 21' 35" West,.
110.27 feet; thence South 60 degrees 32' 05" West,130.32.feet; thence
South 63 degrees 24' 25" West , 124:20 feet; thence South 60 degrees
32' 40" West 289.88 feet; thence South 21 degrees 15' 23" West
126.95 Feet; thence South 13 degrees 02' 58" West, 163.45 feet;
thence South 9 degrees 43' 42" East 82.11 feet; thence South
0 degrees 14' 40" West 7.2 feet more or less to a point which is 10
feet from the south line of said Zirmer Tract; thence South 89 degrees
45' 40" West, parallel with the said south line, 245 feet. more or less
to the west line of said Zirmer Tract. A distance of 1,584.90 feet.
U
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD. OREGON 97223-6290
PHONE (503) 639-1554
December 17, 1987
Laurie J. Stroscheim
Senior Accounts Manager
Oregon Title Insurance Company I ~(b~6
9340 SW Beaverton-Hillsdale Highway 2CrBeaverton, Oregon 97005
Re: BENCHVIEW ESTATES
Dear Ms Stroscheim:
Receipt is acknowledged of your letter dated November 6,
1987 pertaining to the waiver of an easement which crosses
Tax Lot 1200, Map 2S 1 4, where the subject development will
be located.
The matter was referred to the Board of Commissioners and
they considered it at the regular meeting on December 8, 1987.
The board passed a resolution to execute the Bargain and Sale
Deed which you forwarded that would exterminate the easement,
effective upon installation and acceptance of water mains.
In accordance with this resolution, the Deed has been
signed but will be retained in this office until such time when
the new water mains have been installed and the streets dedicated
to the public.
Also, before relinquishing this easement the district will
require another easement for mains to be installed across pri-
vate property located in the southwest corner of the development.
Engineer Gregory Kurahashi, OTAK, is knowledgeable on this matter
and can provide the necessary information.
Please advise if additional information is desired.
Sincerely yours,
TIGARD WATER DISTRICT
Robert E. Santee
Administrator
cc: Gregory Kurahashi
OREGON TITLE
Insurance Company
9340 SW Beaverton-Hillsdale Highway
Beaverton,Oregon 97005
(503) 297-8084 11/6/87
Robert Santee
Tigard Water District
8841 SW Commercial Street
Tigard,Oregon 97223
Re: Benchview Estates
2S1 4,1200 and 400
Dear Mr. Santee:
Pursuant to our conversation of a few days ago, please find
enclosed a Bargain F Sale Deed which will exterminate the
easement which now exists and encumbers the proposed plat
of Benchview Estates.
When this deed has been executed by the proper persons and
their signatures acknowledged by a notary, please return
it to the undersigned so that.it may be recorded prior
to the recordation of the plat.-
If you have any further questions, or if I may be of any
further assistance,please do not hesitate to contact
the undersigned.
i
Vey T Uly YOUrS , Laurie Stroscheim
Senior Accounts Manager
t
Uri cheim OREGON TITLE
Senior ccounts Manager Insurance Com
j 9340 S.W. Beaverton-Hillsdale Hwy.
Beaverton, Oregon 97005
i
(503) 297-8084
MAP. z :.v
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200 100
/9.39 at. - 2032 Ac
600
I 13.73 Ac.
I i.
23-85-
200 300
500' ' 502' 501 j
4. MAC 2.02Ac.' 1.614c.
Q
300
505 :.P. VOAc.
200 3
400 _
4.90Ae. ROAD Sr
1
1200 1400 ;
.4 0.03 Ac
30 ac. ,
i
,Approximate '
20' easement
Existing
8" C.I-: pipe -
TO Scale : 1400'
HI TOR 23,,84
462
1301 g 1300
A 3
10 , 630 Aa
160 AF.
_ oCa
I _ .462
20
.10
$EE MAr
E A S E M E N T
sE
li
~i
KNOW ALL MEN BY THESE PRESENTS, that MARTIN Z IRMER, an un-
married person, and STEPHEN ZIRMER, an unmarried person, as Tenants '
in common, for and in consideration of the sum of One and no/100
i
Dollars ($1.00) and other good and valuable considerations to them
paid by TIGARD WATER DISTRICT, a municipal corporation of the County
of'Washington, State of Oregon, do hereby grant and convey unto said
~i
Tigard Water District, its successors and assigns, the right.to can -
struct, maintain, operate, repair, replace and remove water mains
l i
i in and through the following described property, situate in the County
w ~
Of Washington, State of Oregon, to wit: T! /200
A strip of land 20 ft. in width lying 10 ft. on either side
of the following described centerline; Beginning at a
6i point on the north line of the Zirmer Tract described in
i. Book 269, Page 157, Deed Records, Washington County, in i
the southeast 1/4 of Section 4, T2S, R1W, W.M., which point
is S 8902622021 W, 330.0 ft. from the northeast corner of
said Zirmer Tract, which point is also on the centerline
of the southern terminus of S.W. 132nd Ave.; thence S 240
1424011 W, 137.73 ft; thence S 33041!09" W, 102.99 ft.;
thence S 5002123521 W, 110.27 ft.; thence S 60032!06"W,
130.32 ft.; thence S. 6302442511 W, 124.20 ft.; thence
S 60032t40"W. 289.88 ft.; thence 'S 21015t2311 W, 126.95 ft.; ;
thence S 13002158".W. 163.45 ft.; thence 8 90432421i E,
82.11 ft., thence S Ob14t4011 W, 72 ft. more or less to a
point which is 10 ft.-from the south line of said Zirmer
Tract; thence S 89045*4011 W, parallel with the said south
line, 245 ft. more or less, to. the west line of said
Zirmer. Tract. A distance of 1,584.90 ft.
E' The TIGARD WATER DISTRICT agrees that in consideration hereof
13
any work prosecuted on said property shall be conducted in a workman-
like manner replacing the existing improvements and holding Grantors
and successors in interest harmless for any damage of whatsoever kind
and nature as long as this easement continues and the Grantee, or its
successors, shall promptly repair or pay for any damage caused by
said work.
And the Grantors further agree with Grantee the right of entry
for maintenance and construction as long as this grant shall be
effective.
The Grantors, their heirs, executors, administrators and assigns
1
shall enjoy full surface rights in and to said property for all pur-
poses which do not or will not impede or interfere with the rights
herein granted, and will not erect,any building or other obstructions
BOOK 481 PAGE. 41
?i
I
on the premises hereinabove described. rill
i i
IN WITNESS WHEREOF, the Grantors above named have hereunto set
. their hands and seals this 19th day of January, 1963.
i
_ i
(SEAL) I
Martin Z mer i
~ t
t
SEAL)
ddi; teptren 4ZAzer__ I
- i
STATE OF OREGON )
ss. i
COUNTY OF MULTNOMAH ) j
! BE IT REMEMBERED, That on this 19th day of January, 1963, before
me, the undersigned, a Notary Publicin and for said County and State, +
I personally appeared the within named MARTIN ZIRMER and STEVEN ZIRMER, I
si. who are known to me to be the identical individuals described in and
who executed the within instrument, and acknowledged to me that they
i i
0 executed the same freely and voluntarily for the uses and purposes I
therein named.
E IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the
day and year last above written.
019
'4 100
. . L y1'~
a er ostermann
Notary Publi for Oregon
My Commission Expires December 7,
- •s 1964
i '
aw In
tl . i
ow a
i i
I~
- 2 -
AGREEMENT BOOK 481' fAGE
,Y
• 1
CAPITOL 8.7441 EXT. 254 CAPITOL 8-6890
ADELSERT G. CLOSTERMANN
ATTORNEY AT LAW
254 MULTNOMAH MOTEL
PORTLAND 4. OR&DON
January 21, 1963
•
Air. Ed Wheelock
Attorney for Tigard Water District
Lumberm.an's Building..
Portland, Oregon
.and
Mr. Eldon W. Carter,
Engineer, Tigard -later District
1207 Oregon Ban? Building
Portland, Oregon Re: Tigard Water District/'irmQr
gentlemen;
:enclosed herewith is 'the easement which I prepared, having been
previously approved as to form by Mr. Wheelock and was signer? "by the..
grantees, Martin 7irme"r and Stephen 7irmer on January-19, 1963.
I am transmitting the original easement to Mr.. tAiheelock and a
copy to'1r." Carter. The consideration of this easement is based on 500
per running root of the survey as supplied by ;fir. Carter which is
f i 15:4.90 r-inn.n feet, or a.total of. $792.00.
I
It is. my understanding that this has been considered by the
i Directors of",the grantee district and is appropriate. I would ask that
Mr. Wheelock record the easement at the time the check, is prepared which
should,read:. "Fay to Martin Zirmer and Stephen Zirmer and Adelbert.G.
Closterinann, their attorney." 'Upon the mailing of that check to me at,
my office, A'lr.,Wb'eelock is authorized to have this instrument recorded.
j As an additional consideration .in the granting; of 'this easement
the grantors require three.outlet valves at.the places indicated on
the map ^ncl6sed, in addition to locating a fire hydrant at the most
appropriate place determined by the engineers. It is understood•the
engineers ;night well vary the placement of the outlet valves for pro--
f ess ional reasons.
i I thank each "of you gentlemen for the courtesies extended to my
clients"and myself during the negotiations of this transaction and I
i particularly appreciate the professional assistance of 1`r. Carter with
whom I. have been in close contact over the entire period of these nego-
tiations. It is a pleasure to'be professionally associated with you
both"•and.you have my assurance of continued cooperation and best wishes.
`rous-s: very rely,
AGC:as ~~delbert G. Closterm.ann
cc Messrs. Y-artin and Stephen Zirr::er
NIAr. i;dheelock, kindly acknowledge receipt of this latter and the en-
closures: - easement and ].otter" of transmittal by signing. below on the
crr: i;c~ copy or this letter also enclosed and -returnina• to me in' t1ie
1. 38 1 a
y
E A S E M E N T
KNOW ALL MEN BY THESE PRESENTS, that MARTIN Z IRMER, an un-
r3
married person, and STEPHEN ZIRMER, an unmarried person, as Tenants
'i
in common, for and in consideration of the sum of One and no/100
+I Dollars ($1.00) and other good and valuable considerations to them
II - ~
paid by TIGARD WATER DISTRICT, a municipal corporation of the County
!j of Washington, State of Oregon, do hereby grant and convey unto said
Tigard Water District, its successors and assigns, the right.to ccn -
struct, maintain, operate, repair, replace and remove water mains
C
in and through the following described property, situate in the County
of Washington, State of Oregon, to wit: T! ov
A strip of land 20 ft. in width lying 10 ft. on either side
of the following described centerline; Beginning at a
point on the north line of the Zirmer Tract described in
Book 269, Page 157, Deed Records, Washington County, in
the southeast 1/4 of Section 4, T2S, R1W, W.M., which point
is S 8902612011 W, 330.0 ft, from the northeast corner of
said Zirmer Tract, which point is also on the centerline
of the southern terminus of S.W. 132nd Ave.; thence S 240
' 1414011 W, 137.73 ft; thence S 3304110911 W, 102.99 ft.;
ii thence S 5002113511 W, 110.27 ft.; thence S 60032t06"W,
{ 130.52 ft.; thence S.. 6302412511 W., 124.20 ft.; thence
S 60032140"W. 289.88 ft.; thence 'S 21015t2311 W, 126.95 ft.;
`i thence S 1300215811, W. 163.45 ft.; thence-8 9043142" E, ks
82.11 ft., thence S 061414011 W, 72 ft. more or less to a
point which is 10 ft. from the south line of said Zirmer ~y
Tract; thence S 8904514011 W, parallel with the said south
i~ line, 245 ft. more or less, to the west line of said
p; Zirmer Tract. A distance of 1,584.90 ft.
Pt'
E; The TIGARD WATER DISTRICT agrees that in consideration hereof
any work prosecuted on said property shall be conducted in a workman-
like manner replacing the existing improvements and holding Grantcr s
.j
and successors in interest harmless for any damage of whatsoever kind
and nature as long as this easement continues and the Grantee, or its
successors, shall promptly repair or pay for any damage caused by ~I
r
-work. -
.a I. i
And the Grantors further agree with Grantee the right of entry zi
for maintenance and construction as long as this grant shall be
:i effective.
The Grantors, their heirs, executors, administrators and assigns rN
shall enjoy full surface rights in and to said property for all pur-
poses which do not or will not impede or interfere with the rights a
herein granted, and will not erect.any building or other obstructions
1 - BOOK 481 PAGE 41 ~
on the premises hereinabove described.
IN WITNESS WHEREOF, the Grantors above named have hereunto set
k
r their hands and seals this 19th day of January, 1963.
(SEAL)
Martin Z mer
f'
P~ -
SEAL)
k~ tephie'n Z er
STATE OF OREGON )j
!j ) s s . i
i COUNTY OF MULTNOMAH )
y
BE IT REMEMBERED, That on this 19th day of January, 1963, before
~k
me, the undersigned, a Notary Public in and for said County and State,
i personally appeared the within named MARTIN ZIRMER and STEVEN ZIRMER,
{ who are known to me to be the identical individuals described in and
F who executed the within instrument, and acknowledged 'to me that they
executed the same freely and voluntarily for the uses and purposes
P~
a therein named.
p~
IN TESTIMONY WHEREOF, I to ve hereunto set my hand and seal the
G~ day and year last above written.
- d~gSEAL)
K_: ; e er ostermann
'd E~
1, 4r Y 1, .
Notary Publi for Oregon
_Y My Commission Expires December 7,
' s:,.:. 1964
C
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a AG'tEEMENT BOOK 481. PAGE 49
_ _v_..e~...~.r.~_... tea. . ..._r t....~_.__. - _ _ .
T-
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1+
i
STATE OF OREGON,
County of Washington
i I, Roger Thomssen, County .Clerk, Ex-Officio Re-
corder of Conveyances and Ex-Officio Clerk of the
Circuit Court of the State of Oregon, for the County
of Washington, do hereby certify that the within
Instrument of writing was Vik.ed for 'record and
recorded in the records off;.'nA'
..;fty
16
I t+ ' ~ y r~ ~ ~ 1 I
I -0 I \
In Book
. ~14g 4 ,
` Witness my hand and seal o1 gaid'Court
f l affixed. ROGEfi. THOMMEN,
4 County Clerk,
II
Deputy'
I
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rg gad
Y„aad.;nrp °
;rca ;nq o~ dy'a w:.
f Z....5 bQ ~'r c7
• d R~'~'~'`N`~y
Wo, W.
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