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5089 5009 EASEMENT KNOW ALL MEN BY THESE PRESENTS, that JENNIE C. CRIMSTAD, legal owner, and ELLEN L. LLOYD, contract purchaser, hereinafter referred to as "Grantors", for and in consideration of the sum of $1009 the receipt of which is hereby acknowledged, to us paid by TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon, hereinafter referred to as "Grantee", do hereby grant, bargain, sell, convey and transfer unto Grantee, its successors and assigns forever, a permanent easement over and upon the following described real property, to wit: A parcel of land lying in Section 2, T2S, R1W9 W.M., Washington County, Oregon, and being a portion of that property described in that certain deed.to Joseph S. Grimstad and Jennie C. Grim.- stad, recorded in Book 197, Page 338, Washington County Deed Records; the said parcel being that portion of said property lying 50 feet north and 100 feet south of Fanno Creek and westerly of a line which is parallel to and 50 feet easterly of the centerline of S. W. Hall Boulevard. This easement shall be for the construction, maintenance and repair of an underground pipeline and/or mains for the purpose of con- veying water over, across, through and under the hereinabove described real property and shall include the perpetual right to enter upon said real property at reasonable times, together with the right to excavate and refill ditches for the location of said pipelines and/or mains and the further right to remove all obstructions interferrin with the loca- tion, construction and maintenance of said pipelines and~or mains. Grantors, their heirs, executors, administrators and assigns, do hereby covenant with Grantee that they are lawfully seized and pos- sessed of the hereinabove described real property, and that:they have a lawful right to convey same, and that they will warrant and forever defend the title thereto against the lawful claims of all persons whomsoever. Grantee, its successors and assigns, does hereby covenant that it shall restore said property to its original condition as nearly as is practicable upon the completion of construction and upon completion of any subsequent maintenance and repair work. Grantors, their heirs, executors, administrators and assigns, do further covenant that in the event they are responsible for destruction of said water line or interruption to the water service, they hereby agree to pay the reasonable cost of repairing same. TO HAVE AND TO HOLD said easement and right-of-way unto Grantee and unto its successors and assigns forever. This easement is a covenant running with the land. Date: Jennie C. Gri.mstad Z Ellen L. Lloyd 67 PAGE I - EASEMENT MARTORS BOOK 7 PAGE 5~ 5 08 9 EASEMENT (Continued) State of Oregon ss County of Washington On this 8th day of December 1971, before me, the undersigned, a notary public in the foresaid county and state, personally appeared the within named Jennie C. Grimstad and Ellen L. Lloyd , who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. kp~4ry Public " for Oregon Nay commission expires :1y Commission Expires Aug. 1, 197 0 STATE OF OREGON C ss County of Washington S Royer Thorns en. Direc tor of Records ` ons and Ex-Officio Recorder ° cettti{y co do for said county, hereby that the within instrument of writing was received and recorded in book of records No. - of said county hand and seal affixed. or of Witness MY ROGER THOMSSEN, Direct f P - Records & Elections Deputy T~ 9 -7:2 3 BOOK 847 PAGE 56 - 1 32 +00-o'! PT. 501 00 Ch • I 3.9 3 4c. P D 32475 I 32+50 600 3 e ° a03 Ac. s w s v~ ° 0 5 5 ~i J 5t8 0 ~ • v3, F _ • I F ~ w N N o 9 0 o a ~ ;n 3! ~ C,y Z S.1.ao15 W r I z _ 5C ' N n Z S85 ° 29'E 116.54 702 oy 0b u 0. N 16OAc. _ to Fn /o9e F ~ s 150 r 0 1 f 380 !w i N i N N O N TERM. G.R. 55 528.0 OMARA C.R. 567 STREET SEE MAP 40 29 1 200 i n , T A-'0 +01 845 East Main Street Hills& Oregon 971$8 A Service of REV- 65 008) 648-2101 Tmneamerica Corporation Tpansamerica Tale insupence co November 16, 1971 ORDER NO. 47-4512 PRELIMINARY REPORT FOR Tigard Water District STANDARD COVERAGE POLICY $ 8841 Std C+omercial Street Tigard, Oregon STANDARD LOAN POLICY $ Attn: Robert Santee Gentlemen : We are prepared to issue title insurance in the form and amount shown above insuring the title to the land hereinafter described: See property description attached. as of November 8 , 1971 at 5:00 P. M., vest in MUM CO-- GRnEST" subject to the usual printed stipulations and exceptions appearing in such form policy and also the following: 1. Rights of the public and of governmental bodies in that portion of the above described property lying below the high water mark of Fanno Creek. 2. The rights of the public in and to that portion of the above property lying within the limits of State Highway No. 217. 3. Contract, including the terms and provisions thereof, dated June 260 1963, and recorded June 27, 1963, in Book 49o, Page 104, Deed Records, between Joseph S, Grimstad and Jennie C. Grimstad, husband and wife, vendor, and Andrew D. Lloyd and Ellen L. Lloyd, husband and wife vendee. The vendees#interest in said contract was assigned b instrument dated August 27 1963, recorded August 28, 1963s in Book t94, Page 255, Deed Records, to Ethel Hoffman, for security purposes. NOTE: We find no unsatisfied judgments or United States Internal. Revenue Liens against Tigard Water District, This Report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium therefor paid. ORDER No. 47-4512 Page 2 NOTE: Taxes for the year 1971-72 in the amount of $966.78, PAID. Account No. 2S1 2DA 60 23-74 Levy code 168 (A-21142-060o) Taxes for the year 1971-72 in the amount of $105.2, PAID. Account No. 2S1 2DA 600 23-73 Levy Code 167 (A-21142-0601) Very truly yours, TRANSAMERICA TITLE INSURANCE CO. By _ G. P. DeKoning , Title Examiner GPD:Jmb ORDER No. 47-4512 DESCRIPTION All that certain tract of land in the William Graham D.L.C. No. 39 in Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Beecher B. Robinson by deed recorded at page 193 of Volume 126, Washington County, Oregon, Deed Records, and being more particularly described as follows: Beginning at the Southwest corner of the aforesaid Robinson Tract in the center of the County Road at the Northwest corner of Lot 1 of EDGEWOOD, a duly recorded subdivision in Washington County, Oregon, which beginning point is said to bear 5.60 chains West and 21.02 chains North of the Northwest corner of Section 12, Township 2 South, Range 1 West, Willamette Meridian; thence from said point of Road 96Q0.4 beginning feet to North OC' the 22 East Northwest in the corner of center the of said the .Ro said Count lw • Robinson y thence South 470 Of East 26.9 feet to an iron pipe; +,hen66_ * g south 470 431 East 431.1 feet to an iron pipe; thence South 90,0 feet to an Alder tree masked "C.S.n; thence continuing South 16,0 feet to a point in the Center of Fanno Creek, from which point an iron pipe bears North 19.9 feet; thence downstream following the center of Fanno Creek the following courses and distances: South 370 01' East 110.0 feet, South 260 58' East 126.0 feet South 60 44' West 86.8 feet, South 300 081 East 0.5 feet, South 73b 51' East 44.8 feet, North 53o 56' East 71.7 feet, South 740 06' East 33.1 feet, South 40 441 West 72.6 feet, South 240 24, East 6403 feet, South 510 221 East 137.0 feet and South 110 35' West x+2.7 feet to a point on the North line of said EDGEW00D subdivision; thence North 890 001 West along the North line of aforesaid subdivision 35.1 feet to a point in the center of Fanno Creek, from which point an iron pipe bears South 890 001 East 17.1 feet; thence running downstream in the center of Fanno Creek North 90 181 West 32.8 feet, North 580 29' West 104.5 feet, South 860 481 West 41.6 feet and South 120 02 West 76.4 feet to a point on the North line of aforesaid subdivision, from which point an iron pipe bears North 890 001 West 28.0 feet; thence leaving Fanno Creek and running along the North line of said subdivision 528.0 feet to the place of beginning. Excepting therefrom that part conveyed to the State of Oregon by Deed Book 565, Page 306. ate q~l eo ~,9 9O 00 THIS ETC MADE SOLELY FOR E PURPOSE OF ASSISTI~ IA' o ING SA P AND THE COMPA ASSUMES NO LIABILITY FOR VAR IONS,I A IMENSIONS AND L ATIONS ASCERTAINED .6~0 BY ACTUAL URVEY. f 13 Ac SCa O TRANS ERICA TITLE INSURAN COMPANY sF ° Hillsboro, egon i Y r~ 2 3 -2-5 L , I o i a) v I I ' I ~ ~ O r m 4 w 2,%34 w~ c k SEE MAP, ~Yr - ~ ~ b. _ _ _ ~ .~.nX 0.Y *"~4~_'P..1, ~•:T ~ 1•Y ~ ~Ck~4•. ,N FORM • •+-A~'vlGMnnEnrr or CQNTLAer ,h g....._,.,..+. 3 9- C, In CG.";SIDERATION at the earn _ an:, other.good. sad- vu1u461.e_considexation to ue in hand paid, the receipt whereat is hereby acknowledged - we hereby convey, am4K sell, transfer and set over unto Et? ej_Hofb*n. ii seCU=ity...fo.r...tttt..pttylael4t .~of.a_grnslssrsry.._......-. note for s12,Q9Q.QQ . - all our right, title and interest in and to the written and attached contract of male dated -JunR.,,~.*•.-•_ a 1963„ bet„•,•rn .,Joseph S. qKL .tad and Jennie C. Grimstadt husband and wife. arid Amirew D Lloyd and. El n L Lloyd • . and in and to the real and- person eo nbed therein, and upon full + caaeplianne d covenants by aesigtese with the terms oI amid contract --Me.... muthorire and direct that conveyance be anode to wuh assignee.... Description: Recorded June 27, 1963 in book 490. page 140, Deed Records, Washington County, Oregon. m IN WITNESS WHEREOF, . we hen hereunto set *!+t._ hands and a this ...!'r-7...... . sW- STATE OF OREGON, Z r. County o! On this 7 . day of _ _ August 19 c before nu, rtx undersigned, a Notary Pubic in and for said County and State, psrsor sfly appeared the A Y within named ltndr4p-.a,..Lloxd-.mod- E11eq L,._LigYd - n who are Irrraern to one to be the iderfieal 6dieidoals deecrtbad isr and who essuttad t!r wl~ i~ atruurent, and aeiuowiedged b mss they. svxndad the now freely and wohuetan7r; J 71i -i4VIA10MY WHEREOF, I hoer hereunto set a w had ihd afjiae/ We consent to the I foregoing assignment. official awl the d4 and Jost abase reiittlst ?v Notary Per Apse" Z ZA~ an W-A n2255 IFT MR7 PRIEM r Oregon Land Title Association Standard CoJerage Polity P,y. 12-70 l I Title Insurance Policy Issued by A Service of Transamerica Corporation Tpansemeplca Title Insupence c® TRANSAMERICA TITLE INSURANCE COMPANY, a corporation, (incorporated under the.laws of the State of California), hereinafter called the. Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such insured, or, if a corporation, its successors by dissolution, merger or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Title to the land-described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations; or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebt- edness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B, such mortgage or deed of trust being shown in the order of its priority. all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which are hereby made a part of this policy. In Witness Whereof, the Company has caused its corporate name to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Tn wiw TalnIngranee Ompany f, °n ~ a3sa ;rn I1eesent By { i ,3,.✓ sm, z, P. G~cretary. $ µ UA v , p 1. C SCHEDULE A Amount $ 100, 00 Premium $ 'Ta" a p Policy No. 47-4512 Effective Date December 15, 1971, at 5:00 P.M. INSURED TIGARD WATER DISTRICT, a municipal corporation of Washington County, Oregon Thee title to said land is, at the date hereof, vested in TIG&RD WATER DISTRICT, under an easement created by instrument dated December 8, 1971, recorded December 15, 1971, in Book 847, Page 55, Deed Records for Peter pipe-line 50 feet North and 100 feet South of Fanno Creek and West of a line parallel to and 50 feet Easterly of the centerline of S:Wo Hall Boulevard. The land referred to in this policy is described as: See property description attached. SCHEDULE B This policy does not insure loss by reason of the matters shown or referred to in this Schedule except to the extent that the. owner of any mortgage or deed of trust is expressly insured in Paragraphs numbered 4 and 5 on the front of this policy. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; pending proceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the, public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented- mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. PART II: Liens, encumbrances, defects and other matters affecting title to said land or to which said title is subject, as hereinafter set forth: 1.' Rights of the public and of governmental bodies in that portion of the above described property lying below the high water mark of Fanno Creek. 2. The rights of the public in and to that portion of the above property lying within the limits of State Highway No. 217. Is Contract, including the terms and provisions thereof, dated June 26, 1963, recorded June 27, 1963, in Book 490, Page 1o4, Deed Records, between Joseph Se Grrimstad and. Jennie C. arimstad, husband and wife, vendors and Andrew B. Lloyd and Ellen L. Lloyd, husband and wife, vendees ' (Andrew Do Lloyd is deceased now) The Mendees' interest in said contract was assigned by instrument dated August 27, 1963, recorded August 28, 1963, in Book 494, Page 2552 Deed Records to Ethel Hoffman, for security purposes. 4. The underlying fee title of Jennie Co'Grimstad. ORDER n. 47-4512 DESCRIPTION All that certain tract of land in the William Graham D.L.C. No. 39 in Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Beecher B. Robinson by deed recorded at page 193 of Volume 126, Washington County, Oregon Deed Records, and being more particularly described as follows: Beginning at the Southwest corner of the aforesaid Robinson Tract in the center of the County Road at the Northwest corner of Lot 1 of EDGEWOOD, a duly recorded subdivision in Washington County, Oregon, which beginning point is said to bear 5.60 chains West and 21.02 chains North of the Northwest corner of Section 12, Township 2 South, Range 1 West, Willamette Meridian; thence from said point of beginning North 00 22' East in the center of the said County Road 969.4 feet to the Northwest corner of the said Robinson tra. t, thence South 470 43' East 25.9 feet to an iron pipe; t~ enc~ s~o~it in south 470 43' East 431.1 feet to an iron pipe; thence South 99.0 feet to an Alder tree marked "C.S."; thence continuing Saute 16,0 feet to a point in the Center of Fanno Creek, from which point an iron pipe bears North 19.9 feet; thence downstream following the center of Fanno Creek the following courses and distances: South 370 O1' East 110.0 feet, South 260 ~81 East 126.0 feet South 60 West 86.8 feet, South 300 08' East 0.5 feet, South 73c3 51' East. 44.8 feet, North 530 56' East 71.7 feet, South 740 06' East 33.1 feet, South 40 44' West 72.6 feet, South 240 24' East 64.3 feet. South 510 22' East 137.0 feet and South 110 351 West 42.7 feet to a point on the North line of said EDGEWOOD subdivision; thence North 890 00' West along the North line of aforesaid subdivision 35.1 feet to a point in the center of Fanno Creek, from which point an iron pipe bears South 890 00' East 17.1 feet; thence running downstream in the center of Fanno Creek North J90 0 181 West 32.8 feet, North 580 29r West 104.5 feet, South 48' West 41.6 feet and South 120 02' West 76.4 feet to a point on the North fine of aforesaid subdivision, from which point an iron pipe bears North 890 001 West 28.0 feet; thence leaving Fanno Creek and running along the North line of said subdivision 528.0 feet to the place of beginning. Excepting therefrom that part conveyed to the State of Oregon by Deed Book 565, Page 306. eo ~q THIS S CH IS afq IN FOR THE PURP E OF ASSISTING .600 A• IN LOCATING SAID REMIS A COMPANY ASSUM NO LIABILITY - FOR VARIATIONS, IF Y, IN MENSIO AND LOCATIONS CERIAINED 6. /3AC. BY ACTUAL SURVEY. S ° SCALE RANSAMERICA ITLE ° 1 URANCE COMP Y ` r HI born, Oregon r • ' w 2 f _ - 3 FY~1` ~ x I o 1 - ~I fv1 I 4 I ~ °2 C 0 FA 4W j e ~Iiv? M . A f I P " ' ...~rv uy ~i-. '..S1A •'A~/N M►~'_~.,{. `+1'iY" v.=~.L. T Cf.. ~ .!~i~J.~ .dWsPJ:v~N..SLV... ~iJfW... ~..~~i t.w c5r'~ `1...~~ i Tm mu;Trtlo In m m go Tra oub"8+lneumnN In . , 6.n1en Ceunllr 100 South 2nd Street-, Corvallis • 752.3415 Clackamas Caunry 902 Mein Street, Oregon City • 656-0621 DIVISIONS Policy of ' aetisp County 901 Marine Drive, Astoria • 325.7574 Columbia CeuMy 236 South 1st Street, St. Helens • 397.2587 California Division Coes County 1330 Broadway Title Insurance 220 S. Fourth Street, P. 0. Box 907, Coos Bay • 267-3156 Oakland, California 94612 Bet-Gar Building, P.O. 672 Gold Beach • 247.7231 (415) 835-4070 Douglas County 431 S.E. Main Street, Roseburg • 672.6651 e I Jackson County 130 W. 6th Street, Suite 100, Medford • 772-5221 - Issued by Josephine County 405 N.E. 6th Street, P.O. Box 187, Grants Piss • 476-6691 Northwest Division ryryrr Klamath Coon 720 Second Avenue 600 Main Street, Klamath Fslls • 684-5137 Seattle, Washington 98104 ran. teunry (206) 624.5555 1040 Oak Street, Eugene • 342.5557 uncoln County . 126 West Olive Street, P.O. Box 1267, Newport • 265-2299 e j Unn County 229 West Third Avenue, P.O. Box 519, Albany • 928.3368 Marten County Southwest Division 175 High Street S.E., Salem • 581-1431 Tranaamapica Mulinemsh Caunry 114 West Adams Street 109 S.W. 9th Avenue, Portland • 222.9931 Phoenix, Arizona 65003 (602) 262-0511 Polk County 610 Mill Street, Dallas • 623-2379 Title Insurance Umatilla County 33 S.E. Dorion Ave., P.O. Box 1146, Pendleton • 276-2511 e i Washington County Company 11170 S.W. Canyon Road, Beaverton • 641.1194 169 Main Street, Hillsboro • 648-2101 Midwest Division i r.mhm County 601 North Evans, McMinnville - 472.3154 1720 California Street 0 Denver,Colorado 80202 ASSOCIATED COMPANIES (303) 534.9066 Gilibm County GILLIAM COUNTY TITLE INSURANCE CO. - Condon, Oregon • 384-3352 e j Homey County LAND TITLE INSURANCE AGENCY I 11 I W. Washington St., Burns • 573.2226 Michigan Operation JEFFERSON COUNTY Jefferson ABSTRACT CO. 320 Ottawe Avenue, N.W. 527 °b• Street, Madras • 475-2542 I Grand Rapids, Michigan 49302 Lake County 454.9301 LAKE COUNTY TITLE 3 INSURANCE AGENCY (616) 405 First Street, North, Lakeview* 947-3019 Morrow County MORROW COUNTY ABSTRACT a TITLE COMPANY, INC. e A Service of Heppner, Oregon • 676.9912 j Transamerica Corporation Wane county _ WASCO TITLE OREGON, LTD. Nevada Operations 512 Washington Street, The Dsllea • 296.2495 ~ Whealor County 437 South Sierra Street GILLIAM COUNTY TITLE INSURANCE COMPANY i Reno, Nevada 89501 Condon,.Oragon • 384-3352 (702) 786-1871 i I i