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Benchview Estates FORM No. 727-QUITCLAIM DEED (Individual or Corporate). oP~:a XT ://z /T!V/N/-NF.// LAW PU/LI/X:Na Ca., IORTLANa. O/ /TMI f • . - _ . _ QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, That...Tigard---Water.- D i s t r i c t_______ hereinafter called grantor, for the consideration hereinafter stated, does hereby remise, release and quitclaim unto Cascade---Home-- Development,-__-Inc. hereinafter called grantee, and unto grantee's heirs, succesors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situated in the County of was.hington State of Oregon, described as follows, to-wit: A 10.00foot public waterline easement in Lot 12, "Benchview Estates", Situated in the southeast one quater of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, in the County of,Washington and State of Oregon, being more particularly described as follows: Beginning at the southwest corner of said Lot 12; thence along the westerly line of said Lot 12, north 11°3331" east, a distance of 10.15 feet to the true point of beginning of the herein described area to be vacated; thence south 88°11'38" east, a distance of 10.15 feet; thence north 11°33'31" east, a distance of 104.22 feet to the southeast corner of tract "E"; thence along the southerly line of tract "E", north 78°26'29" west, a distance of 10.00 feet to the westerly line of said Lot 12; thence along said westerly line, south 11°33'31" west, a distance of 105.93 feet to the true point of beginning. In consideration of the release of}pthpeW~easement by Tigard Water District Cascade Homes Develop r~ s AttE iNSUFFlCIENT, ONTINUE DESCRIPTIO N ~~&E~S perty subject to the (SEE REVERSE FOR CONT. To Have and to Hold the same unto the grantee and grantee's heirs, successors and assigns fbever. The true and actual consideration paid for this transfer, stated in terms of dollars, is However, the actual consideration consists of or includes other property or value given or promised which is the whole part of the consideration (indicate which). O(The sentence between the symbols0, if not applicable, should be deleted. See ORS 93.030,) In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this .12....day of---- September 1994 if a corporate grantor, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized thereto by order of its board of directors. Tigard Water District THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- ----"------.g-------- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND I f / ' USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING - .-B !_4CL,LLGJ...... ~yl' ..f..et:Z1..G. 1.~.- . THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. STATE OF OREGON, County of.. ) ss. tr This instrument was acknowledged before me on 2 by .13e1.'. 7 ~ ~1• ' This instrume was acknowledged before me on 19........, by as . . OFFICIAL SEAL d..G..' G~ GJ~ NtltCY L. JOtiR1SON NOTARYPIJ"•;1J1;-OncGCCJ / Notar or Oregon CIN'Ei NO.UG335 My com si xpires ............1?--- °...fl..-. (Lt M'! C0.`+IMISSION EXPIR i:S I)EC DEC.. 188, , 1996 ~.xgd7C -..W.?.t.er...Did.t.rlqt---•----------------••------ STATE OF OREGON, P O` ss. .Q?~....Z Q 0 0 0 County of........................................... . Ti9 d...... OR...... 97281--1999------ I certify that the within instrument Grantor'/ Name and Address was received for record on the day Cascade Home Development, Inc. 2100 i Broadway, Ste 2B . o'clock ..M., and recorded in i'a ....-nd........... 0__R_ 9 7 2 . 3 . 2 Port Granfee't Noms and Addrotf SPACE RESERVED book/reel/volume No on page PER and/or as fee/file/instru- ~ ANer recording return to (Name, Addrmu, Zip): RECORDER'S JIBE " Tigard--- Water Dis-tr1Ct•------------- ment/microfilm/reception No................., P..-O. Box . 2.10.0.0.0 Record of Deeds of said County. Tigard--,----OR...._.9-7281--199.9 _ Witness my hand and seal of U/"I roq.-Im l 0h.-I amid all tax statements to (Name, Add-, Zip): County affixed. Cascade--Home •Dev_e-lopment.,.---I.nc._... 21(10-...NE --Brnad~zag~...S.ta...2H NAME TITLt Port_La Ld......OR......9.7.232-------------------------- By Deputy i the easements terminated by this Quitclaim Deed, agree that Tigard. Water District shall have no obligation to remove abandoned water pipes, mains, and accessories thereto within such terminated easement areas,, and it is an expressed condition to termination that said owners, their heirs, and assigns shall hold harmless and indemnify Tigard Water District from any and all claims arising out of the presence of any such abandoned water line facilities within the terminated easement area. TIGARD WATER DISTRICT RESOLUTION 94-03 A Resolution to extinguish a waterline easement across the western 10 feet of Tax Lot 1200, Assessor's Map # 2S 14DC. Whereas, the easement cannot be utilized due to the abandonment of the existing water main; and Whereas, the property owner, Cascade Home Development, Inc., will hold harmless and indemnify Tigard Water District from any and all claims arising out of the presence of any such abandoned waterline facilities within the terminated easement area; and Whereas, an alternate utility easement and waterline has been provided to serve Benchview Estates, Hillshire Estates, Hillshire Summit, SW 132nd Avenue, SW 135th Avenue, SW Fern Street, and SW Walnut Street. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Tigard Water District does hereby extinguish the waterline easement across the western 10 feet of Tax Lot 1200, Assessor's Map # 2S 1 4DC. Chair of fl/e Board ATTEST: )9, Mainte Ser s 15irector Date