TWD - Release of Muralt Easement
MEMORANDUM
LAW OFFICES OF
r WHEELOCK, RICHARDSON, NIEHAUS,
BARNES MURPHY
Tigard Water District
508 FRANKLIN BUILDING
PORTLAND, OREGON 97204
TO 8841 S. W. Commercial TELEPHONE 224-5930
Tigard, Oregon
February 12, 1968
L Attn: Mr. George Waddill J
Re: Partial release of easement, Lot 1, Tigardville Heights
Dear George:
Enclosed is a Partial Release of Easement together with the
District's map.
Very truly yours,
Kenneth W. Baines
G
KW B /m lb
Enclosures
."w OrricEe of
WHEELOCK,RICHARDHONi,NiEHAus,HAIXES & MURPHY
5135 R7 "max Hummma
C-E-WmEELocsc PCRTLANZ3,011E130M 97E[34
CLYnE R_RICHARDSON - -
Rue6ELL R.IQIExwua TELarIICxE ee4-SSMC
Kis=. W_ BAINES
EnVrAnn J_MURPW,,7x_
February 27. 1968
Mr. Ray Robinett
Deputy District Attorney,
Washington County Courthouse
Hillsboro. Oregon
Re: Partial Release of Easement,
Lot 1. Tigardville Heights.
Washington County, Oregon
Dear Mre Robinett:
Enclosed is a Partial Release of Easement, together with oa
payable to the Washington County Recorder in the amount
Please deliver same to the Recorder with instructions that it be re-
corded in the Washington County Bead Records.
I told you during our recent telephone conversation that the Washing-
ton County Recorder's Office has refused to record this instrument
because it lacks, a grantees As you know, this does not affect the
validity of the document and is not a basis for refusing recordation.
Y Thank you.
Very truly yours.
Kenneth W. Daum 's
KWB:lo
Enclosure
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S/S Ruby M. Walker
January 18, 1967
Mr. Kenneth W. Baines
Wheelock, Richardson, Niehaus and Baines
505 Franklin Building
Portland, Oregon 97204
Re: Hold Harmless Agreement -
Victor and Erna Muralt
encroachment of easement.
Dear Ken:
I am enclosing.property description of the Muralts' on
Petition For Annexation and sketch indicating width of
easement, transmission line location and depth of en-
croachment.
At the present time they are trenching for the footing
and it now appears that the depth of encroachment will
be approximately 25 inches instead of 36 inchew.
As you will note, the petition has but one signature so
it will be necessary to request an early return along with
the agreemat in order that the matter be completed at the
earliest possible date.
Yours very tryly,
George P. Waddill
enc.
i
12 17
, r
MEMORANDUM
tt LAW OFFICES OF
r `J WN~cLOCK, RICHARDSON, NIEHAUS & BAINES
1 808 FRANKLIN BUILDING
Tigard Water District PORTLAND, OREGON 87204
TELEPHONE 228.8338
TO 8841 S. W. Commercial
Tigard, Oregon January 24, 1967
L Attention: Mr, George P. Waddill J
Re: Release, Victor and Erna Muralt
Dear George:
I am enclosing a form of Release to be executed by Mr, and Mrs. Victor
Muralt, whose signatures must be acknowledged. After same has been
executed', the Release should be recorded in the Washington County Deed
Records.
1 am returning your sketch of the Muralt property, together with the peti-
tion for annexation executed by Victor Muralt.
Very truly yours,
Y w ,
KWB:lo Kenneth W. Baines
Enclosures /
RELEASE
WHEREAS, VICTOR MURALT and ERNA MURALT, hus-
band and wife, are the owners of the following described real property,
to-wit:
The following described portion of Lot 2, Tigardville Heights,
a subdivision of record in Washington County, Oregon, in
Section U, TZS, RIW, W. M.:
Beginning at the northwest corner of that tract of land first
described in deed to Douglas Edward Johnson, as recorded
in Book 436, page 21, Washington County, Oregon Deed Rec-
ords, being also the southwest corner of that tract of land
conveyed to George H. Johnson et ux by deed recorded in
Book 147, page 157, said Deed Records; a point on the west-
erly line of said Lot 2 which bears south 010 19' west 348.41
feet from the northwest corner thereof; and running thence
north 890 27' east along the line. between said Johnson tracts,
107. 00 feet; thence south 010 19' west 171. 81 feet; thence south
89027' west 107. 00 feet to the westerly line of said Lot 2;
thence north 010 19' east along said westerly line 171.81 feet
to the point of beginning;
and
WHEREAS, the TIGARD WATER DISTRICT, a municipal
corporation of Washington County, Oregon, is the owner of a 15 foot ease-
ment extending from the north line of the hereinabove described real
property to the south line of said property, the east line of said easement
being parallel to the west line of said property and being 15 feet east of
same; and
WHEREAS, said easement provides that no permanent im-
provement can be constructed upon any portion of said easement; and
WHEREAS, the.owners of said real property desire to con-
struct a permanent improvement upon the east 5 feet of said easement, and
the TIGARD WATER DISTRICT has agreed to allow said construction pro-
viding this Release is executed.
NOW, THEREFORE, in consideration of the TIGARD WATER.
DISTRICT allowing VICTOR MURALT and ERNA MURALT, husband and
wife, to construct a permanent improvement upon the east 5 feet of said
easement, the said VICTOR MURALT and ERNA MURALT, husband and
Page I - RELEASE
wife, do hereby forever release and discharge the TIGARD WATER DIS-
TRICT of and from any and all claims, demands and causes of action of
whatsoever kind, nature or description, whether past, present or future,
and whether permanent, continuing or otherwise, which may arise out of
damages occasioned to the real property described hereinabove or to any
building hereinafter located thereon and the effects therein and to the oc-
cupants of said building by virtue of the water transmission line located
within said easement.
This Release is and shall be a covenant running with the
lands hereinabove described and is and shall be binding on all future
owners thereof and on all persons who may now have or may hereafter
acquire any interest therein, or to any part thereof, or who may be in
possession of or occupy the same, or any part thereof, by binding our-
selves, our heirs, executors, administrators, legal representatives,
grantees, assignees and lessees.
And we do hereby agree that we will indemnify and save
harmless the TIGARD WATER DISTRICT of and from any claims, de-
mands, and causes of action which may be made against it by any of the
persons.either occupying or owning said real property arising out of any
damage which may be done to said land or building or the occupancy
thereof by virtue of said water transmission line.
EXECUTED this day of 1967.
Victor Mura t
Erna Muralt
STATE OF OREGON )
ss.
County of Washington) 1967
Personally appeared the within named VICTOR MURALT and
ERNA MURALT, husband and wife, and acknowledged the foregoing instru-
ment to be their voluntary act and deed.
Before me:
Notary Public for Oregon.
My Commission Expires: