92-036127
ANDERSON 6z DTTTMAN
ATTORNEYS'AT LAW
TIGARD PROFESSIONAL CENTER YO v
8865 S.W. CENTER STREET
TIGARD, OREGON 97223 ~G V
P.O. BOX 23006
TIGARD, OREGON 97281-3006
DERRYCK H. DITTMAN TELEPHONE (503) 639-1121
ROGER F. ANDERSON FRED. A. ANDERSON, DECEASED
DELORIS B.N. WARD FAX (503) 639-4097 (1910-1991)
June 22, 1992
Tigard Water District
P.O. Box 230000
Tigard, OR 972.23
RE: Landmark Ford, Inc./Tigard Water District
Enclosed please find a copy of Termination of Easements and
Release which was recorded as Document No. 92036127.
Very truly yours,
ANDERSON & DITTMAN
erry H. Dittman
D$D:sr
Enclosure
ALLEN, FELLOWS, LIVINGSTON & GREIF
ATTORNEYS AT LAW
RUSSELL M ALLEN 800 American Bank Building J. GRANT MOODY
DOUGLAS M. FELLOWS 621 SW Morrison 'TODD W. WETSEL
J. MILFORD FORD PORTLAND, OREGON 97205-3811
THOMAS J. GREIF, P.C. TELEPHONE (503) 224-4840
FARRAND M. LTVINGSTON, P.C. FACSIMILE NO. (503) 299.6663
DENNIS M. ODMAN
MICHAEL P. RYAN 'MEMBER OREGON &
WASHINGTON BARS
June 19, 1992
Mr. Derryck H. Dittman
Anderson & Dittman
Attorneys at Law
Tigard Professional Center
P.O. Box 23006
Tigard, Oregon 97223
Re: Landmark Ford, Inc.\Tigard Water District
Dear Derryck:
The Termination of Easements and Release between Tigard Water. District and James
and Cora Corliss has now been executed by Mr. and Mrs. Corliss and recorded. In accordance
with your request, a copy of the fully executed and recorded instrument is enclosed.
I believe this concludes our mutual work on this matter.
Best regards to you and your family.
Very tru ours,
4FARRAhND VINGS ON
ALLENVINGSTON & GREIF
FML:mis
Enclosure
cc- James L. Corliss
1~1~CEIVEI "UN 2 2 1992
/ V!
After recording return to: 9V3617
Park, Allen, Livingston & Greif Washington County
Attn: Randy Livingston, Esq.
~r 621 SW Morrison St., Suite 800
Portland OR 97205
TERMINATION OF EASEMENTS AND RELEASE
I`
This Termination of Easements and Release is given this 26
day of March 1992, by TIGARD WATER DISTRICT, a
municipal corporation of Washington County, Oregon, hereinafter
"Water District", and JAMES L. CORLISS and CORA K. CORLISS,
husband and wife, hereinafter "Corliss".
RECITALS
1. Water-District-As the ho 1 der : of an easement across real
property to-cated in blocks 17, 18 and 23, WEST PORTLAND HEIGHTS;
Washington County, Oregon, as more particularly provided for in
that Easement dated June 30, 1971' and recorded on July 27, 1971,
in Book 828, Pages 185, 186, and 187, of the Records of
Washington County, Oregon, pursuant to which Water District is
authorized to construct, maintain and repair underground
pipelines or mains for conveying water, which Easement shall be
hereinafter referred to as "the First Easement".
2. Water District is also the owner of easements for the
construction, maintenance and repair of underground pipelines or
mains for the conveyance of water lying within the portions of
certain vacated streets (hereinafter "the Second Easement") which
are more particularly described as follows:
A. Those portions of Fourth Street (Dartmouth
Street) and S.W. 67th Avenue (Lincoln Street) in the
Plat of WEST PORTLAND HEIGHTS, Washington County,
Oregon, vacated by Washington County Board of County
Commissioners Resolution and Order No. 67-376, recorded
December 20, 1967, in Book 673, at Pages 412 and 413,
of the Records. of Washington County, Oregon.
B. Those portions of Elmhurst (5th Street) and
S.W. 67th Avenue (Lincoln Street) in the Plat of WEST
PORTLAND HEIGHTS, Washington County, Oregon, vacated by
Washington County Board of County Commissioners
Resolution and Order No. 70-30, recorded February 2,
1970, in Book 770 at Pages 347, 348, and 349, of the
Records of Washington County, Oregon, as amended by
instruments recorded April 2, 1979 (Fee No. 79012386)
and December 27, 1979 (Fee No. 79053010).
C. Those portions of S.W. 67th Avenue (Lincoln
Street) in the Plat of WEST PORTLAND HEIGHTS,
Washington County, Oregon, vacated by Washington County
PAGE 1 - TERMINATION OF EASEMENTS AND RELEASE
(A:Landmark\Water.Rel\mis\3.18.92)
w
1 ~ .
i
Board of County Commissioners Resolution and Order No.
72-241, recorded May 21, 1972, at Book 898, Pages 182,
183, and 184, of the Records of Washington County,
Oregon.
3. The water lines/mains previously constructed by.Water
District within the First Easement and the Second Easement are no
longer in use nor are said easements any longer required for the
purposes of Water District.
NOW, THEREFORE, it is hereby agreed and provided as follows:
_4. In consideration of the sum of $10.00, and the release
provided for in paragraph 5 below, the receipt and sufficiency of
which is hereby acknowledged,'Water District does hereby fully
and absolutely terminate and abandon all right, title and
interest in any way to the First Easement and the Second Easement
to the extent that such easements are located within blocks 17,
18 and 23, WEST PORTLAND HEIGHTS, Washington County, Oregon, and
Water District does hereby Quitclaim all of its right, title and
interest in and to the real property burdened by the First
Easement and the Second Easement unto the current owners of the
land within said blocks upon which said easements are located.
5. In consideration of the release of easements by Water
District provided for in paragraph 4 above, Corliss,. the owners
,of the property subject to the easements terminated by this
Termination of Easements and 'Release, agree that Water District
shall have no obligation to remove abandoned water pipes, mains,
and accessories thereto within such terminated easement areas,
and it is an express condition to this termination that said
owners, their heirs and assigns shall hold harmless and indemnify
Water District from any and all claims arising out of the
presence of any such abandoned water line facilities within the
terminated easement area.
Dated this 26 day of March 1992.
T ARD WATER ISTRICT
By
Chair
.7A L. L I-S S
CORA K. CORLISS
PAGE 2 - TERMINATION OF EASEMENTS AND RELEASE
(A:Landmark\Water.Rel\mis\3.18.92)
STATE OF OREGON )
ss:
County of Washington)
On this 26 day of March 1992, before me appeared
Audrey Castile , to me personally known, who being
duly sworn, did say that he is the Chair of Tigard
Water District, a Washington County, Oregon municipal
corporation, the within named corporation, and that the seal
affixed to said instrument is the corporate seal of said
corporation,, and that the said instrument was signed and sealed
in behalf of said Corporation by authority of its Board of
Directors, and Audrey Castile acknowledges
said instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
rri t!"t 1!, v-AI_
OT RY P - GON s vatft
3 c;•:+r;t;w:+'> ;~:C~.stt7~~ My s ion E ires /
AIr Cet.:1413 S;; tY C f I ~S ^FC.18,19042
ss:.
County of 1t)ao11 j )
BE IT REMEMBERED, that on this day of v ,
1992, before me, the undersigned a Notary Public in d for said
County and State, personally appeared the within named James L.
Corliss and Cora K. Corliss, 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.
OFFICIAL SEAL
tt7Y^,!Olt^uti NOT PU I C - OREGON
NOTARY I•U~JLIC-0REQON My ommi ss i on expires: MY COMMISSION EXP RESvMAY 3031993
PAGE 3 - TERMINATION OF EASEMENTS AND RELEAS-
(A:Landmark\Water.Rel\mis\3.18.92; STATEOFOREGON
County of Washington SS
I, Jerry R. Hanson, Director of Assessment