11116 NOTE TO FILE:
ORIGINAL DOCUMENT CAN BE FOUND IN THE HUNZIKER STREET DEDICATION FILE
DATED I Q5 GRANTED BY K L d K K E Coo P r 1 O1.j i _ N G.
Bill Quill .
December 16, 1975
William H. Giesey
900 S. W. 5th Avenue - Suite 1514
Portland, Oregon 97204.
Dear Sir:
Please find enclosed Street Dedication and Slope Easement for
Klokke Corporation, Inc., indicating book and page number on which
it has been recorded.
Sincerely,
Doris Hartig
City Recorder
ms
Enclosures
December 1, 1975
Roger Thomssen
Dept. of Records & Elections
Washington County Courthouse
Hillsboro, Oregon 97123
near Mr. Thomssen:
Please record the following easements in the Washington County deed
records:
Klokke Corporation
D. H. Overmeyer Warehouse Co.
Our check to cover recording costs is enclosed.
Sincerely,
Doris Hartig
City Recorder
DH :ms
Enclosure
• • -Proj: SW Hunziker St. - LID
�-- 11116 :snot: R/w #13
•
` Deed Ref.: 931/
• TL #200 (281 1BI1)'
STREET DEDICATION
AND SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That we (I) C TY OF TI1;,.1_
Klokke Corporation, Inc., a California Corporation,
hereinafter termed grantor(s), in consideration of the sum of $ 963.03 to be paid by
the CITY OF TIGARD, a municipality of the State of Oregon hereinafter termed the
City, or at the option of the City to be credited in part payment of Hunziker -
Street improvement assessment against the premises, of which the following
described areas form a part,
I. Grantors give, grant and dedicate unto the Public the following:
A perpetual right -of -way and easement for public road, public
street and public utility purposes to become a part of the
public right -of -way of S.W. Hunziker Street on, over, across, along,
under and within that portion of that certain tract of Grantor(s)
as described in Deed Book 931 at Page 853 , Deed Records of
•
Washington County, Oregon, lying South of a line drawn
parallel to and thirty (30) feet North of, when measured
at right angles of the following described center line of S.W.
Hunziker Street, said center line being described as follows:
In the William Graham Donation Land Claim No. 39 in the North
half of Section 1, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, Oregon.
Beginning at a point on the center line of S.W. Hall Boulevard
• located South 57 16' 06" West 803,95 feet from a stone marking
the Northwest corner of the William Graham D.L.C. #39; thence
along the center line of S.W. Hunziker Street South 61 11' 11"
East 1989.59 feet to a point of curve; thence along the arc of
a 200.00 foot radius curve to the left having a central angle of
10° 57' 10" the chord of which bears South 66° 39' 46" East 38.17
feet (an arc distance of 38.23 feet); thence South 72 08' 21"
East 601.66 feet to a point of curve; thence along the arc of a
200.00 foot radius curve to the left having a central angle of
18° 01' 18" the chord of which bears South 81 09' 00" East 62.65
feet (an arc distance of 62.91 feet); thence North 89° 50' 21"
East 188.90 feet to the terminus at Oregon State Highway, station
"H" 449+00.00 of the Beaverton - Tigard Highway Section, said terminus
being North 15° 18' 46" West 2660.19 ft. from a stone at the Easterly
Southeast corner of the William Graham D.L.C. #39, and South 30°
38' 12" West 1+93.76 feet from a 2" iron pipe at the Northeast
corner of the Graham D.L.C. #39, said 2" iron pipe also
being the initial point of Hermoso Park Plat.
ACCEPTED BY THE TIGARD CITY COUNCIL NOVEMBER 24, 1975
Doris Har tig ,City ' ecorde ,
rl
�`
" B00KI056 FAEE ?6U 06
•
•
IP. Grantors also hereby It, bargain, sell and convey the
'City of Tigard the foil 11116
A permanent right -of -way and easement for the purpose of constructing,
maintaining and /or repairing slopes, Cuts or fills occasioned by or
resulting from the improvement of S.W. Hunziker Street, within an area
described as . follows:: % `,
That portion of Grantor's lands as described in Deed Book 931
at Page 853, Deed Records, Washington County, Oregon,
lying m lnlith of a line drawn parallel to and forty(40)feet
North of, when measured at right angles, the center
line of S.W. Hunziker Street, as described in Parcel I above
described, reserving,'however, to Grantor, heirs and assigns
the full use and dominion over the said easement area; provided,
however, that such use shall not be permitted to interfere with the
purpose for which the easement is granted.
Should it be necessary to cut and remove any brush, trees, or
other materials from the above described easement area, the City
agrees that same shall be removed and disposed of by the City
and the area left in a neat. and workmanlike condition.
Grantors do hereby warrant that they are the owners in fee simple of the described
premises and have the right to grant the easements hereinabove set forth.
WITNESS our hands and seals this 4th day of September
197
KLOKKE RPO TION
(SEAL4 . ! •/ (SEAL)
1
(SEAL)By: (SEAL)
•
(SEAL) (SEAL)
STATE OF OXIDONSIR CALIFORNIA )
) ss.
County of LOS ANGELES )
On this 4th day of SEPTEMBER , 19 75 , before me appeared
KARL KLOKKE and A. D. MILLIKEN_
both to me personally known, who being duly'sworn, did say that he, the said
KARL KLOKKE is the President, and he, the said
W. D. MILLIKEN is the Odd.W Secretary of
KLOKKE CORPORATION, the within named Corporation, kh
and that the said instrument was signed and sealed in behalf of said Corporation by
authority of its Board of Directors, and KARL KLOKKE and
W. D. MILLIKEN acknowledged said instrument to be the
free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set
NuNWiIIII00IIOOIIn „.„ „,,,,.„� my hand and affixed my official seal the day
OFFICIAL SEAL Y
DIXIE A. BURCKEL a year last above written.
i (jtI NOTARY PUBLIC • CALIFORNIA = `
Cyr
` �R• PRINCIPAL OFFICE IN
�'l LOS ANGELES COUNTY •
r�. My Commission Expires Sept. 4, 1976 _ Notary b1iC for Rig California
IIIIWUIIUWWNUUUMINNUmIww , ,�
i /'rf ri ` ' 7 ) 1 My Commission expires _ '7' 76
• Pacific Northwest REIO
•
11.1
1 1 # 2 146 986 das
ACT OF SUBORDINATION
STATE OF WASHINGTON )
) ss.
County of King )
WHEREAS, D. H. OVERMEYER WAREHOUSE CO., an Oregon Corporation, by indenture of
Mortgage under their hand and seal, duly executed, bearing date of April 22, 1965, and
recorded in Book 551, Page 263, of the records of Washington County, Oregon, did grant
to THE FIRST NATIONAL BANK OF OREGON to secure the payment of a note in the amount of
Six Hundred Fifty Thousand and No /100 ($650,000.00) a certain tract of land situated in
the State of Oregon, and said Mortgage was duly assigned to THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA by instrument dated February 17, 1966 and recorded in Book 588, Page
515, of the records of Washington County, Oregon, and for a full and complete description
of which, reference is here made to the recorded Mortgage above mentioned.
AND, WHEREAS, by Street Dedication and Slope Easement dated the 4th day of September,
1975, the Klokke Corporation did sell, convey and warrant unto the City of Tigard, Oregon,
a Municipal Corporation, a perpetual and irrevocable easement for street dedication and
maintenance and repairing slopes, cuts or fills, over and across the land and property
situated in the City of Tigard, Washington County, Oregon, described as follows, to -wit:
PARCEL I:
A perpetual right-of-way and easement for public road, public street and public
utility purposes to become a part of the public right -ofway of S.W. Hunziker
Street on, over, across, along, under and within that portion of that certain
tract of Grantor of said easement as described in Deed Book 931 at Page 853,
Deed Records of Washington County, Oregon, lying South of a line drawn parallel
to and thirty (30) feet North of, when measured at right angles of the following
described center line of S. W. Hunziker Street, said center line being described
as follows:
In the William Graham Donation Land Claim No. 39 in the North half of Section 1,
Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington
County, Oregon.
Beginning at a point on the center line of S.W. Hall Boulevard located South
57 ° 16'06" West 803.95 feet from a stone marking the Northwest corner of the
William Graham D.L.C. #39; thence along the center line of S.W. Hunziker Street
South 61 ° 11'11" East 1,989.59 feet to a point curve; thence along the arc of
a 200.00 foot radius curve to the left having a central angle of 10 ° 57'10" the
chord of which bears South 66 ° 39'46" East 38.17 feet (an arc distance of 38.23
feet); thence South 72 ° 08'21" East 601.66 feet to a point of curve; thence along
the arc of a 200.00 foot radius curve to the left having a central angle of 18 ° 01'18"
the chord of which bears South 81 ° 09'00" East 62.65 feet (an arc distance of 62.91
feet); thence North 89 ° 50'21" East 188.90 feet to the terminus at Oregon State
Highway station "H" 449+00.00 of the Beaverton - Tigard Highway Section, said terminus
being North 15 ° 18'46" West 2,660.19 feet from a stone at the Easterly Southeast
corner of the William Graham D.L.C. #39, and South 30 ° 38'12" West 1,493.76 feet
from a 2" iron pipe at the Northeast corner of the William Graham D.L.C. # 39,
said 2" iron pipe also being the initial point of Hermoso Park Plat.
PARCEL II
Also, a permanent right-of-way and easement for the purpose of constructing, .-
maintaining and /or repairing slopes, cuts or fills occasioned by or resulting
from the improvement of S.W. Hunziker Street, within an area described as follows:
B00K1056 PALE 62
' I
-1-
'. 11116
That portion of Grantor of said easement's land as described in Deed Book 931
at Page 853, Deed Records, Washington County, Oregon, lying South of a line
drawn parallel to and forty (40) feet North of, when measured at right angles,
the center line of S.W. Hunziker Street, as described in Parcel I above de-
scribed, reserving, however, to Grantor, heirs and assigns the full use and
dominion over the said easement area; provided, however, that such use shall
not be permitted to interfere with the purpose for which the easement is granted.
Should it be necessary to cut and remove any brush, trees, or other materials
from the above described easement area, the City agrees that same shall be re-
moved and disposed of by the City and the area left in a neat and workmanlike
condition.
And, WHEREAS, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, the holder of the mortgage
indebtedness herein mentioned, has been requested to subordinate its mortgage lien only
INSOFAR as it affects the said forty (40) foot strip specifically described above in
said easement, which it has agreed to do for the consideration hereinafter recited.
NOW, THEREFORE, the said THE PRUDENTIAL INSURANCE COMPANY OF AMERICA in consideration
of the sum of $10.00, cash in hand paid, the receipt of which is hereby acknowledged and
other good and valuable consideration, does hereby subordinate its mortgage lien above
mentioned to the said easement mentioned above, but only insofar as it pertains to said
forty (40) foot strip of land described in said easement. However, this subordination
shall in nowise affect the remaining land in said Mortgage in favor of the PRUDENTIAL
INSURANCE COMPANY OF AMERICA, or impair the rights of THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA, its successors or assigns, to hold, foreclose or sell under the lien created
by the above mentioned Mortgage in any manner prescribed by contract or law, all of the
lands, hereditaments and appurtenances thereto belonging, it being merely the intention
of said THE PRUDENTIAL INSURANCE COMPANY OF AMERICA to waive the priority of its mortgage
lien, and any renewal of said lien, in favor of said easement on the said forty (40) foot
strip of land specifically described in said easement, and any foreclosure or sale of
said land or any part thereof, shall expressly except and be subject to said easement.
IN WITNESS WHEREOF, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, HAS CAUSED THESE
PRESENTS to be executed by its Third Vice President and its Assistant Secretary, and
the corporate seal of said Company to be affixed on this the 473 day of October,
1975.
c ECKED THE PRUDENTIAL I CE • ANY OF AMERICA
i vE) i BY: ��� /' _;;r
-r A. Rick, Third Vice ' esident
( T, ST:
ame A. Winkelman Assistant Secretary
3
Mod for t ootd.../.2.... a...„.._. 197 . nr 1 J ^.i Acik4.
STATE OF WASHINGTON ) 11001111 THOMSSEN; Dit.ctox off .Dom u
e di Electto.
County of King ) ss. BOOKI6 ME 63 .. « » ......
_:.,:.�..Depur!
On October . , 1975, before me, Notary Public in and for the County of King, State
of Washington, personally appeared Karl A. Rick, to me known to be the Third Vice Pres-
ident and James A. Winkelman, to me known to be the Assistant Secretary of THE PRUDENTIAL
INSURANCE COMPANY OF AMERICA, the Corporation that executed the with instrument, and
asknowledged to me that such Corporation executgd the sanlp .
(4 Cl_
/ Notary Public inihd for said County and State
Mr Commission Expires: l J -/ 7 9 Residing at Seat le, Washington
• •
ot
STATE OF OREGON }(/" '
ss
County of Washington
I, Roger Th. , g .r of Records
and Electio a mat'. F ecorder of
Conveyan f.rl a4dot:R h ; reby cer-
tify that 11. r, writing
was rece
I °
No.
tj ,:
� � of said i.'.tti �• �
CJ' ° (}�((��� Witness `.. �4� • ,
�/ t " A F
D. Jr 'D irector
Oka De u`ty._ e s44.6070
Ike Z
11 .43 Ali 75
PHILIP S. O'SHAUGHNESSY
REAL E&TATE DEVELOPMENT •
`. 1,
November 17, 1975
!-
City of Tigard
P. O. Box 23557
Tigard, Oregon 97223
ATTENTION: Mr. Bruce Clark
City Administrator
Gentlemen:
Enclosed is a Street Dedication and Slope Easement
and an Act of Subordination pertaining to the dedi-
cation of property along S. W. Hunziker Street from
the Klokke Corporation.
Note that the Act of Subordination is from the mort-
gagee and is submitted in lieu of having the mortgagee
approve the Street Dedication and Slope Easement where
provided.
I assume this will be acceptable and that you will re-
cord these documents.
Sincerely,
P
/
William H. G esy
WHG: rj r
Enclosures
cc /enc: Mr. Karl Klokke
900 Ho1TTNNVIMN ` Frmra AVENUE- EIIIPrE 1514 PORTLAND, OREGON 97204 (503) 248-2200