10832 0
y /a /6
NO NoiE
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' eS1-1) ')Ue-ID C.* \NI C(
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. IS . $9:
r
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DEED
10832 KNOW ALL MEN BY THESE PRESENTS, That I, L.R. DAVIS, a
single man, hereinafter termed grantor, in consideration of One
Thousand Two Hundred and no /100ths ($1,200.00) Dollars to me paid
by the City of Tigard, a municipality of the State of Oregon,
hereinafter termed grantee do hereby grant, bargain, sell and con-
vey to grantee the following described real property in the County
of Washington, State of Oregon:
TRACT I: A tract of land in the James H. Hicklin,
D.L.C. No. 43, in the Northeast 1/4 of Section 12,
Township 2 South, Range 1 West, Willamette Meridian,
Washington County, Oregon; being more particularly
described as follows:
Beginning at an iron pipe on the north line of
Section 12, Township 2 South, Range 1 West, Willamette
Meridian, said iron pipe being east 1584.3 feet from
the Northwest corner of said James H. Hicklin D.L.C.
No. 43; and also being on the westerly right -of -way
line of the Oregon Electric Railroad; thence South
41 degrees 13 minutes East along said westerly
of -way line 136.3 feet to an iron pipe; thence south
1203.9 feet to an iron pipe on the northerly line of
S.W.Bonita Road, (County Road No. 736); thence North
88 degrees 59 minutes East 406.6 feet to the true
point of beginning; thence North 88 degrees 59 minutes
East continuing along said northerly line of S.W.
Bonita Road, 30 feet; thence North 1 degree 01 minutes
West 30 feet; thence South 88 degrees 5:9 minutesWest,
30 feet; thence South 1 degree 01 minute East, 30 feet
to the true point of beginning.
TRACT II: A perpetual right -of -way and easement for
the purpose of constructing, reconstructing, operating,
DOCUM . %
-;.- maintaining, inspecting and repairing underground sewer
v` , line together with the right to remove, as necessary,
1, (, vegetation, foliage, and other obstructions within the
e '1 ;; easement area, but reserving to the grantor the surface
, �,6 rights with respect to the permanent easement area in-
chiding the right to construct thereon railroad spur
rLIMEIi11A REV;M B , line trackage, vehicle road, or fence, provided that
ISTAL REV6. \O
�;;�;�l : no permanent buildings be erected within the easement
=% area, said permanent easement area being a strip of
DOCUMENTARY land 10 feet in width, said strip of land being 5 feet
1 I �
�° in width when measured at right angles, on each side of
4 F ='� the following described centerline:
liyi CENT L 55; Beginning at an iron pipe on the north line of
Section 12, Township 2 South, Range 1 West, Willamette
" " Meridian, Washington County, Oregon; said iron pipe
1 E V E being east 1584.3 feet from the Northwest corner of
i the James H. Hicklin D.L.C. No. 43, and also being on
' the westerly right of way line of the Oregon Electric
.. { � � d.,,,`,..?, < Railroad; thence South 41 degrees 13 minutes East,
c rI along said westerly right of way line 136.3 feet;
_ thence south 1203.9 feet to an iron pipe on the northerly
, F® line of S.W. Bonita Road (County Road No. 736); thence
"a3� "I - North 88 degrees 59 minutes East along said northerly
t line of S.W. Bonita Road 431.6 feet; thence North 1 degree
01 minute West 30 feet to the true point of beginning of
the following described' centerline:
Beginning at the above described true point of
BOOK 578 PAGE 345
1 - Deed .
1 �
. •
10832 beginning; thence North 1 degree 01 minute West a
distance of 296.4 feet; thence North 69 degrees 04
minutes East a distance of 173.0 feet more or less
to a point which is 5 feet westerly when measured
at right angles, adjacent and contiguous, to the
westerly right of way line of the Oregon Electric
Railroad; thence northwesterly and parallel to
the Oregon Electric Railroad westerly right of way`
line to an intersection with the westerly line of
Tax Lot 700, as conveyed to L.R. Davis and V. Fay
Davis, husband and wife, as described in Book 454,
Page 440, Washington County, Oregon Deed Records.
TRACT III: A temporary right of ingress, egress
and regress for use during the period of sewer
construction on the permanent easement area a
strip of land 20 feet in width westerly of, along
and within 20 feet of the westerly line of the
above described Tract II; said temporary easement
to terminate upon the completion of the sewer con-
struction work;
TRACT IV: A perpetual right -of -way and easement for
the purpose of constructing, reconstructing, operating,
maintaining, inspecting and repairing underground sewer
line together with the right to remove, as necessary,
vegetation, foliage, and other obstructions within the
easement area, but reserving to the grantor the surface
rights with respect to the permanent easement area in-
cluding the right to construct thereon railroad spur
line trackage, vehicle road, or fence, provided that
no permanent buildings be erected within the easement
area; said easement area being a strip of land 10 feet
in width when measured at right angles lying parallel
to, Southwesterly of, along and within 10 feet of the
Southwesterly right-of-way line of the Oregon Electric
Railroad, on, over and across that said tract of land
described in Book 395 page 267 Deed Records of Wash-
ington County, Oregon.
TRACT V: A temporary right of ingress, egress and regress
for use during the period of sewer construction on the
permanent easement area above described as Tract IV, a
strip of land 20 feet in width lying Southwesterly of;;
along and within 20 feet of the Southwesterly line of
said tract IV, said temporary easement to terminate
upon completion of sewer construction work on Tract IV.
To Have and To Hold the same unto the City of Tigard,
its successors forever;
The grantor does hereby warrant that he is the owner in
fee simple of the foregoing real premises and has a good legal
BOOK 578 PAGE 346
• •
10832
right to grant same.
IN WITNESS WHEREOF, Grantor has hereunto set his hand
this 17 day of November, 1965. r . -
i
STATE OF OREGON )
) ss. November /7 , 1965.
County of Washington )
Personally appeared the above named L.R. DAVIS, a single
man, and acknowledged the foregoing instrument to be his voluntary
act and deed.
Before me:
�� , 4� d 0 ., T _ /Rely �� �L -L �' • �/'
.r . tary Pu• is or Oregon
My Commision Expires: 7 Zq_69
STATE OF OREGONc
Co
Countnt y of Washington • I, Roger Ttiomssen,' Director ecor s and
Elections and Ex- Officio Recorder of ;Conveyances
for said county, 'do hereby certify thdt -the within
instrument `of, writing was received and recorded
in book —
in the Recordseof ' - -'
of said County. • , • .fir` y , _
Witness my hand and seal affixed.
ROGER THOMSSEN, Director •
>2(46J Deputy
Nou2Z 9
BOOK 578 PAGE 347
FREDERICK A. ANDERSON
ATTORNEY AT LAW
TIGARD PROFESSIONAL CENTER
8865 S. W. CENTER STREET
P. 0. BOX 23006, TIGARD, OREGON 97223
639 -1121
FREDERICK A. ANDERSON January 31, 1966
JAMES A. MASON
Mrs. Monnie Andrews,
City Recorder
Tigard City Hall
Tigard, Oregon
Re: Sewer line easements and
pumping site - Davis tract
Dear Monnie:
Herewith title policy #L44511 of Pioneer National
Title Insurance Company (Title and Trust) with respect
to the site and easement property obtained from Mr. Davis.
I also enclose the billing of the Title Company in the
amount of $29.00, which I suggest be placed among your
accounts to be paid in the normal course of business dir-
ectly to the title company.
May I suggest that the title policies together with
the deed of easement which I believe you previously have
received be placed among the permanent title records of
real property in your files. My suggestion fsthat a con-
solidated file indexed as to grantors be maintained with
respect to all real property title papers including the
easements which concern the City's affairs so that same
may be available from year to year on a permanent basis for
ready reference. If you desire, I would be glad to comment
further on how this might be set up.
Yo - very truly,
1! '_
ed. A. Anderson
FAA:lm
Enclosure
111 111
PN
Pioneer National Title Insurance Company
321 S. W. FOURTH AVENUE • PORTLAND, OREGON 97204 • TELEPHONE 228 -1181
HERBERT ALTSTADT TITLE AND TRUST DIVISION
VICE - PRESIDENT AND DIVISION MANAGER
Premium $2 7 0
Policy of Title Insurance
PIONEER NATIONAL 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 corpora-
tion, 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 ob-
ligated 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, other-
wise 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 indebtedness, 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 PIONEER NATIONAL TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers.
PIONEER NATIONAL TITLE INSURANCE COMPANY
‘1 LE j1t.
By , t a00 0aa00 00 Sr
4 Q
o . a
o
President
{s
Attest. / � o ._., o `\ ...,. � o Q
. , /.
Oregon Land Title Association `s\ "� - � " � '`�" Secretary
Standard Coverage Policy Form
TO 6006 OR R -8 -60 204
•
SCHEDULE A
Amount $ 1,200.00 Date November 23, 1965 At 8:00 A. M.
INSURED
CITY OF TIGARD, a municipality of the State of Oregon.
The fee simple title to said land is, at the date hereof, vested in CITY OF TIGARD, a
municipality of the State of Oregon.
The land referred to in this policy is described as
Beginning at the Northwest corner of the James H. Hicklin D.L.C.
Number 43 in Township 2 South, Range 1 West, Willamette Meridian,
Washington County, Oregon, and running thence East along the North
line of Section 12, Township 2 South, Range 1 West, Willamette
Meridian, 1584.3 feet to the Westerly boundary line of the Oregon
Electric Railroad, thence South 41 13' East on said boundary line
136.3 feet to an iron pipe; which iron pipe is the true point of
beginning of the tract herein described. Thence from the above described
true point of beginning South 41 13' East along the Westerly boundary
line of the Oregon Electric Railroad Co. right of way 379.6 feet;
thence continuing along said Railroad boundary line on a curve to the
right (the long chord of which curve bears South 27 16' East 1018.5
feet) to an iron pipe on the North line of County Road No. 736;
thence South 88° 59' West along the North line of said County Road
230.3 feet to an iron pipe set for the Southeast corner of that certain
50 x 100 foot tract of land conveyed to the Trustee of the Bonita Sunday
School by deed as recorded at page 587 of Vol. 160, Washington County,
Oregon Deed Records; thence North 1 01' West at right angles to said
road 100 feet to an iron pipe at the Northeast corner of said Sunday
School, tract; thence South 88° 59' West 50.0 feet to an iron pipe at
the Northwest corner of said Sunday School tract; thence South 1 01'
East 100.0 feet to an iron pipe at the Southwest corner of the said
Sunday School tract; thence South 88° 59' West along the North line
of said County Road 436.6 feet to an iron pipe; thence North at
right angles to the North line of said Section 12, a distance of
1203.9 feet to the place of beginning, and being a part of the same
real estate conveyed to The Union Central Life Insurance Company by
deed dated January 22, 1940 and recorded in Book 186, of Deeds, and
page 517 of the Records of Washington County, Oregon. SUBJECT TO
all existing tenancies or rights of parties in possession, all leases,
rent contracts, outstanding mineral rights, rights of way and easements
of every character now existing on, over, under or across said land.
PAGE 2 OF OLICY NO. L43 -726
L E
Oregon Land Title Association
1110 1111)
Standard Coverage Policy
R 8 -60
SCHEDULE B
This policy does not insure against 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 page 1 of this policy.
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 pro-
ceedings 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.
5. Rights of the public in streets, roads and highways.
6. Reservation in deed filed by The Union Central Life Insurance
Company, a corporation, recorded December 14, 1961, in Book 454,
page 440, as follows:
Saving, Except and reserving, however, unto the Union Central Life
Insurance Co., its successors and assigns, from all the above
described lands an undivided one -half of the oil, gas and other
hydrocarbons and minerals now or at any time hereafter therein and
thereunder, together with all easements and rights necessary or
convenient for the production, storage or transportation thereof
and the exploration and testing of the said real property and also the
right to drill for, produce and use water from the said real property
in connection with drilling or mining operations thereon.
F.ZO, Page 3 of Policy No. L -43726
111) ill
The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes
no liability for variations, if any, in dimensions and location ascertained by actual survey.
Title- d%rwst
. 1_ i
_______________ t ._..4._
• S ar 44' W 79.8e CHAINS 1
,.• .r+.• -- cv, •aac^ JAMS HICKLIN GRAM
5000 CHA
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1.1/3-726 -- ei ♦ %9 35 I !S ` 45 ! ..
PN ;
Pioneer National Title Insurance Company
321 S. W. FOURTH AVENUE • PORTLAND, OREGON 97204 • TELEPHONE 228 -1181
HERBERT ALTSTADT TITLE AND TRUST DIVISION
VICE- PRESIDENT AND DIVISION MANAGER
Premium $ 27.50
Policy of Title Insurance
PIONEER NATIONAL 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 corpora-
tion, 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 ob-
ligated 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, other-
wise 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 indebtedness, 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 PIONEER NATIONAL TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers.
PIONEER NATIONAL TITLE INSURANCE COMPANY
By
President
?
Attest:
r �� t id
Oregon Land Title Association _ Secretary
Standard Coverage Policy Form
TO 6006 OR R -8 -60 204
1P
SCHEDULE A
Amount $ 1,200.00 Date January 26, 1966 At 8:00 A. M.
INSURED
THE CITY OF TIGARD,
a municipality of the State of Oregon.
The fee simple title to said land is, at the date hereof, vested in THE CITY OF TIGARD, a
municipality of the State of Oregon.
The land referred to in this policy is described as
TRACT I:
A.tract of land in the James H. Hicklin D.L.C. No. 43, in the
Northeast quarter of Section 12, Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon; being more particu-
larly described as follows:
Beginning at an iron pipe on the North line of Section 12,
Township 2 South, Range 1 West, Willamette Meridian, said iron pipe
being East 158+.3 feet from the Northwest corner of said James H.
Hicklin D.L.C. No. 4+3; and also being on the Westerly right -of -way
line of the Oregon Electric Railroad; thence South 41 13' East along
said Westerly right -of -way line 136.3 feet to an iron pipe; thence
South 1203.9 feet to an iron pipe on the Northerly line of S. W.
Bonita Road, (County Road No. 73 thence North 88°
( Y 59' East 406.6
feet to the true point of beginning; thence North 88° 59' East con -
tinuing along said Northerly line of S. W. Bonita Road 30 feet; thence
North 1 01' West 30 feet; thence South 88° 59' West, 30 feet; thence
South 1 01' East, 30 feet to the true point of beginning.
TRACT II:
A perpetual right -of -way and easement for the purpose of con-
structing, reconstructing, operating, maintaining, inspecting and
repairing underground sewer line together with the right to remove,
as necessary, vegetation, foliage, and other obstructions within
the easement area, but reserving to the grantor the surface rights
with respect to the permanent easement area including the right to
constructithereon railroad spur line trackage, vehicle road, or fence,
provided that no permanent buildings be erected within the easement
area, said permanent easement area being a strip of land 10 feet in
width, said strip of land being 5 feet in width when measured at
right angles, on each side of the following described centerline:
Beginning at an iron pipe on the North line of Section 12,
Township 2 South, Range 1 West, Willamette Meridian, Washington County,
PAGE 2 OF POLICY NO. L -44-511 (continued)
e.
4IP
Oregon; said iron pipe being East 1584.3 feet from the Northwest cor-
ner of the James H. Hicklin D.L.C. No. 43, and also being on the
Westerly right -of -way line of the Oregon Electric Railroad; thence
South 41 131 East, along said Westerly right -of -way line 136.3 feet;
thence South 1203.9 feet to an iron pipe on the Northerly line of S.W.
Bonita Road (County Road No. 736); thence North 88° 59 East along
said Northerly line of S. W. Bonita Road 431.6 feet; thence North 1
01 minute West 30 feet to the true point of beginning of the follow-
ing described centerline:
Beginning at the above described true point of beginning; thence
North 1 01 West a distance of 296.4 feet; thence North 69 041 East
a distance of 173.0 feet more or less to a point which is 5 feet
westerly when measured at right angles, adjacent and contiguous, to
the westerly right of way line of the Oregon Electric Railroad; thence
northwesterly and parallel to the Oregon Electric Railroad westerly
right of way line to an intersection with the westerly line of Tax
Lot 700, as conveyed to L.R. Davis and V. Fay Davis, husband and wife,
as described in Book 454, Page 440, Washington. County, Oregon Deed
Records.
TRACT III: A temporary right of ingress, egress and regress for use
during the period of sewer construction on the permanent easement
area a strip of land 20 feet in width westerly of, along and within
20 feet of the westerly line of the above described Tract II; said
temporary easement to terminate upon the completion of the sewer con-
struction work;
TRACT IV: A perpetual right -of -way and easement for the purpose of
construction, reconstructing, operating, maintaining, inspecting and
repairing underground sewer line together with the right to remove,
as necessary, vegetation, foliage, and other obstructions within the
easement area, but reserving to the grantor the surface rights with
respect to the permanent easement area including the right to cons -
truct thereon railroad spur line trackage, vehicle road, or fence,
provided that no permanent buildings be erected within the easement
area; said easement area being a strip of land 10 feet in width
when measured at right angles lying parallel to Southwesterly of,
along and within 10 feet to the Southwesterly right -of -way line of
the Oregon Electric Railroad, on, over and across that said tract
of land described in Book 395 page 267 Deed Records of Washington
County, Oregon.
TRACT V: A temporary right of ingress, egress and regress for use
during the period of sewer construction on the permanent easement
area above described as Tract IV, a strip of land 20 feet in width
lying Southwesterly of, along and within 20 feet of the Southwesterly
line of said tract IV, said temporary easement to terminate upon
completion of sewer construction work on Tract IV.
Page of Policy No. 5
X44- 11
of
Oregon Land Title Association . 111P „
Standard Coverage Policy
R 8 -60
SCHEDULE B
This policy does not insure against 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 page 1 of this policy.
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 pro-
ceedings 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.
5. Reservation in deed filed by The Union Central Life Insurance
Company, a Corporation, recorded December 14, 1961, in Book 454, page
440, as follows:
Saving, Except and reserving, however, unto the Union Central
Life Insurance Co., its successors and assigns, from all the above
described lands an undivided one -half of the oil, gas and other hydro-
carbons and mineral now or at any time hereafter therein and thereunder,
together with all easements and rights necessary or convenient for the
production, storage or transportation thereof and the exploration and
testing of the said real property and also the right to drill for,
produce and use water from said real property in connection with drilling
or mining operation thereon.
F -zo, Page 4 of Policy No. L -44 -511
1 7 ,
. 0
The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes
no liability for variations, if any, in dimensions and location ascertained by actual survey.
Tifie -•Ti.a i
r
• S 89 44' W 79.68 CHAINS 1
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