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8593 (Hill) T -tZ . r- TIGARD CITY OF TIGARD P. O. Sox .Main RECEIVED 12420 S. W. Main Tigard, Oregon 97223 OCT 1 9 1970 (1- - F CITY OF TIGARD • October 12, 1970 0-tAXIA fiG: e; ' rb - Jack and Madelon Hill �1�' te - w-r a 8855 S. W. O'Mara ,�' ` Tigard, Oregon 97223 Dear Mr. and Mrs. Hill: The City of Tigard began construction of the Derry Dell Trunk Sewer Project last summer. It is now in the final stages and we must obtain releases from the property owners involved. Enclosed are two copies of the Release and Waiver for the sewer construction. Please sign one copy and return it in the self - addressed envelope. The extra copy is for . your files. If you have any questions concerning the content of the release, please feel free to call me at 639 -4171. Sincerely, Keith C. Thompson Director of Public Works KCT/jp Encl. n' • ' TITLE INSI'`y 1NCE COMPANY " i � °r Project: _ STS -32.4 I. 859 3 Easement: T -12 Deed Reference: B 388, P 94 KNOW ALL MEN BY THESE PRESENTS: That we (I) Jack V. & Madelon f■ y ,,, M. Hill, husband and wife, and Edwards Industries, Inc. Profit 0 Sharing and Retirement Plan hereinafter termed grantor(s), in consideration of the sum of $ 212.00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein- after termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right -of -way and easement as hereinafter described, together with a temporary right -of -way and easement to use an additional area hereinafter described and designated temporary ease- ment, for the following uses and purposes: lm Perpetual easement: An unencumbered perpetual right -of -way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliag trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the:easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and Purposes of the easement; said easement area being 7.5 feet on edeu side, when mea- sured at right angles:, of the following described center line within the following-designated premises A portion of that tract, being a 15 -foot wide strip of land in Section 3, T2S, R1W, W.M., Washington County, Oregon conveyed to Jack V. & Madelon WI.. Hill as described in Book 388 Page 94, Deed Records of said Washington County, the center line being as follows: Beginning at a point on the Northeasterly line of the tract, said point being 21 feet, more or less, South- easterly from the Northernmost Northeast corner of said L +: Hill tract; Thence: S 41 0 28'29 "W, a distance of 247 feet, Thence: S 42 °05'59 "W, a distance of 177 feet, more or less, to a point on the Southerly line of the tract, said point being approximately 305 feet Westerly of the Southeast corner of the above described Hill tract. 2. Temporary easement: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the both sides and within 17.5 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all struc- tures present upon the premises. This easement shall terminate upon completion of the sewer construction work, at which time, upon request of the owner, the City will issue a written release thereof. Page 1 Easement , + . 1 8593 Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre- existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this // day of c�n , 194?'. . ■ Al /a J (SEAL) )%L(.6_,f2z ,,_ Vi.0 . i.., - Q X (SEAL) // v- s aG/^'Ij Zd,� ? < ; t: V ,c, f�. S4• 14,.„ .2 i ✓ Rel/rin '6 'p� - S C /°44. , (SEAL) ( SEAL) j� 4 : /L. „L _x-Xeee, vii'. z.,L - �dt- C s � Vi(SELL) _.� (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of , 19 Mortgagee By Title _ 3r ivy vy • .i. - .` r- f� -�' o iv', c� STATE OF OREGON ) - A, STATE b ' r, .. L )ss . ;wvi,l ...,,.. County of i4.64 h5 ) 0 r ° ° .... 1 }. "''11: 111111 \I' On this /V day of /77,y / 19 personally appeared the above named e1 /' AV, 4; // /(" and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: - 29 / / Notary Public for Oregon My Commission expires: i7 /„7,,,, // Page 2 folic '758 PAGE . . Easement e, j 8593 STATE OP OREGON ) )ss. County of Washington ) On this 11th day of A ,19 _ 6 _ 9 before me appeared Wayne E. Coffee, Trustee and Allen C. Edwards, Sr., Trustee both to me personally known, who being duly sworn, did say that he, the said Wayne E. Coffee is theTrusteePiggX&M( and he, the said Allen C. Edwards, Sr. (Retirement Plan is the EbtIla X't Trustee of Edwards Industries, Inc. Profit Sharing &/ 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 Wayne E. Coffee and Allen C. Edwards, Sr. acknowledged 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 -nd ear last above written. , i t 1 40 A 1 1 ' ■ 1111&01 _ p ,E . Nota P ublic for Oregon. t � � s , ; Z : * . : _ '%';1 =; _ My Commission expires may 1 1 , 1972 �S i;.'6' /V V ,, rr k f t ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By e - ,47 f Mayo BY: /4-x V., City Recorder STATE OF OREGON ) )ss. County of Wash. ) On this 26th day of•e , 196 9 , before me appeared Elvin G. Kyle and Doris Hartig both to me personally known who, being duly sworn, did say tat he, the said Elvin G. Kyle is the Mayor, and he, the said Doris Hartig is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said and acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my ha; d and affixed my official seal, this the day and year in th's �mmyy cer °icate first written. Notary Public for Oregon '` „�;, 11 C /7 �� ”? / n ' 0, A (-r y '' My Commission expires -, -3 - �: = _ Page 3 cr-•�, , �, 17' Easement n, :4 ° . BOOK `f 758 POE 1 • STATE OF OREGON ) County of Washington b I, Roger Thomssen, Director of Records --- and Elections and Ex- Officio Recorder of Con- veyances for said county, do hereby certify - -- — - -- — that the within instrument of writing was SW- 115 r H AVE hi U E received and recorded in book of records No. /7"5—‘ , of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Ele o/1s� - O ff/ " / H 1 Deputy n D - 1 ® r w ill -In Oct 0 -�' X OD m D bo . b fn t\-) n O m m 0 Fr 3 r Z v 70 z fr.,. '0: `�`� m rti Cii -=-_r- 00 r u N m m t=i (, v 3 p` 71 m Z 0 • 'U ce Qe# S' A.. VI • 1 !L . z • y 0 / --\‘-\\.. i cl PI `> tP 4 _ I 0 , • N y , o 5 - ms ; • T / /� I TZt& f ea • 425 S. W. Fourth Avenue / Portland, Oregon REC'rr h Phone 222 -3651 A�D OC T 21 1969 POLICY OF TITLE INSURANCE CITY OF T IGAIW Oregon Land Title Association Standard Coverage Policy No. 316043 Premium $25.00 TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here- inafter 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 Stipu- lations 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 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, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid only when countersigned by a duly authorized officer of the corporation. � Countersigned ,1111 TITLE INSURANCE COMPANY ........ syy" �� O CLP". 4 �, •.p / President • Authorized Officer � S �y •� : Attest: • PAGE 1 OF POLICY / / � , j � •.• Secretary r REV. 7-63 !� • ....... v T I -21 a 11 1 �1i1 \ \ \� o ```_ `� SCHEDULE A Amount $1,000.00 Date October 1, 1969 At 2:42 P.M. INSURED -- -CITY OF TIGARD - -- easement The fee simple title to said Wafts, at the date hereof, vested in CITY OF TIGARD, a municipal corporation.-- - The land referred to in this policy is described as: PERPETUAL EASEMENT: Said easement area being 7.5 feet on each side, when measured at right angles, of the following described center line within the following designated premises: A portion of that tract, being a 15 -foot wide strip of land in Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Jack V. & Madelon M. Hill, as described in Book 388, Page 94, Deed Records of said Washington County, the center line being as follows: Beginning at a point on the Northeasterly line of the tract, said point being 21 feet, more or less, Southeasterly from the Northern- most Northeast corner of said Hill Tract; thence South 41 ° 28'29" West a distance of 247 feet; thence South 42 ° 05'59" West a distance of 177 feet, more or less, to a point on the Southerly line of the tract, said point being approximately 305 feet Westerly of the South- east corner of the above described Hill tract. TEMPORARY EASEMENT: Together with the temporary right of ingress, egress, and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the both sides and within 17.5 feet when measured at right angles, of the above described perpetual easement area.-- - PAGE 2 OF POLICY NO. 316043 1128 Oregon Land Title Association Standard Coverage Policy ,R13.60 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. Tigard City Liens, if any. 6. Rights of the public in and to that part of the herein described premises lying within the boundaries of roads and highways. 7. Interest of Harvey C. Hoffman and 0. Lucille Hoffman, husband and wife, if any, in and to a portion of the herein described property, as disclosed in deed recorded March 25, 1968, in Book 686, Page 581, Washington County Records.(Note: Deeds overlap) 8. Easement, including the terms and provisions thereof, granted to City of Tigard, dated August 11, 1969, recorded October 1, 1969, in Book 758, Page 365, Washington County Records. 9. Interest of Edwards Industries, Inc. Profit Sharing & Retirement Plan as disclosed in above easement.-- - Page 3 of Policy No. 316043 TI -30 rs FtEcElVED OCT 2 0 1970 CITY. OF TIGARD RELEASE AND WAIVER I (we) hereby agree that all damages incurred from construction done on my (our) property at x tor kio. 300 hi AP 2513D have been repaired to my. (our satisfaction and that my (our) signature(s) release the City of Tigard and /or contractor from further responsibility, except for the conditions listed below. It is also my (our) understanding that any damages which show up within one (1) year of this date, which were caused by sewer construction done on the above listed property, will be repaired at the contractor's expense, including, but not limited to, loss of shrubs or trees which were disturbed by the contractor. Other conditions: Witness Signed G OaJA lv Signed L2,� . 0 Date Contractor T — /3 RELEASE AND WAIVER I (we) hereby agree that all damages incurred from construction done on my (our) property at Ac L© 0 300 • _ 2S /310 have been repaired to my. (our satisfaction and that my (our) signature(s) release the City of Tigard and /or contractor from further responsibility, except for the conditions listed below. It is also my (our) understanding that any damages which show up within one (1) year of this date, which were caused by sewer construction done on the above listed property, will be repaired at the contractor's expense, including, but not limited to, loss of shrubs or trees which were disturbed by the contractor. Other conditions: Witness Signed CJe.uf/'ir9�. vp,./sT - Signed / Date Contractor Deg r.� pe. • • T/ /� I 7eeee Teldeemace etuigzetetv title insurance 12012 S. W. Canyon Road / Beaverton, Oregon 97005 escrows Phone 646 -8181 HEAD OFFICE 425 S.W. FOURTH AVENUE 2 00 2 S I ID PHONE 222 -3651 City of Tigard Order No. 316043 Department of Public Works August 18, 1969 Tigard City Hall Tigard, Oregon Re: Jack V. Hill et ux Account #2- 32.4 -290 Gentlemen: We are prepared to issue title insurance policy covering: All the North one -half of the Northwest quarter of the Southeast quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at the Northwest corner of the Northwest quarter of the Southeast quarter of Section 3; thence South 20 rods; thence East 80 rods; thence North 20 rods; thence West 80 rods to the point of beginning; EXCEPTING THEREFROM that portion thereof described in deed to Russell T. Sowersby et ux, recorded November 9, 1956, in Deed Book 388, page 94; showing title on August 6, 1969 at 5:00 P.M., vested in: JACK V. HILL and MADELON M. HILL, an estate in fee simple presumptively as tenants by the entirety; subject to the usual printed exceptions, and 1. Tigard City Liens if any. 2. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. 3. Interest of Harvey C. Hoffman and O. Lucille Hoffman, husband and wife, if any, in and to a portion of the herein described property, as disclosed in deed recorded March 25, 1968, in Book 686, page 581, Washington County Records. (Note: Deeds overlap) Note: 1968 -69 taxes, $704.97 paid. (2S1 3D 200 23 -9) TITLE INSURANCE COMPANY Washington County Branch James A. Parker JP /lc ' / _ ,� 5(AL_t I LUU " - SEE MAP \ 2S 1 3A ' • \ . 4 4 CENTER OF SECTION 3 • 40 f T2S RIW a " " / Wly. SW. CORNER S89° 53'E Y ` JOHN L. HICHLIN D.L.C. 37 O ZOO -- .964c . ® 8.584c. / ,.. N89 °53'W 31f.66 /i %, ml N rn 2 . (.i • 300 . 9.37Ac. w • f . . D Z w r Q p/ 80 (/ 402/246 O^ .... C.R. 1320 33Rods E. W 47 Rods 130 • 400 19.29Ac. • i_..-k!" I . co o R O to z to i p • IN . I • MAP 1 3C H tf) , • � I/16 CORNER i W. 33 Rods __ - _____, i 80 Rods - — -- — -- -- -- -- ` ' w . > . . Q S.W. H O . . .. . .. t .. 68 -P -486. 054 May 6,. 1969 Easement T-12 Jack V.. & Madelon M. Hill 8855 S. W. O'Mara Tigard, Oregon 97223 • Book 388 Page 94 2S 1 3D 200 424 lineal ft. A PERMANENT EASEMENT A portion of that tract of land in Section 3, T2S, R1W, W. M. , Washington County, Oregon conveyed to Jack V. & Madelon M. Hill as described in Book 388 Page 94, Deed Records of said Washington County, being 15 feet wide, 7. 5 feet wide either side of a centerline which traverses the premises as follows: Beginning at a point on the Northeasterly line of the tract, said point being 21 feet, more or less, Southeasterly from the Northern- most Northeast corner of said Hill tract; Thence: S 41° 28' 29"W, a distance of 247 feet, Thence: S 42° 05' 59 "W, a distance of 177 feet, more or less, to a point on the Southerly line of the tract, said point being approximately 305 feet Westerly of the Southeast corner of the above described Hill tract. A TEMPORARY. EASEMENT Identical in centerline location to the Permanent Easement, being 50 feet wide, 25 feet wide either side of the aforementioned center- line. • • -. _...„ - . .. . , . . . • t . 1 1 r•I' . 4k . 1 . . 11 , • . . [ . ■-. .•1 • . • . s. 1 . \ 6) \ • n.. ■ r o 0 V ID _ \ . co ..5s, 4 0 I . / ..< , 1 /4"1/IP : • 5 . ■ IS!. PE.R.MANIENT.... 1 .50' i •.EAsz.t. • 4 ? ' . . • .-,- ' „ :el "605 ' Mit- ' -- • LO . , e-9° — . 40 - . I . • D c9 I - • (.6 T-I2. . JACK V. 4 MADE.LCDNI M. HILL .. - . . 25 I 3D 200 • . . BOOK 388 PAGE 94 424 L.F. . . SCALE : I." = 200 i . i 1 . . . . . . . . • . . e „.. Stevens, Thompson esz, Runyan, Lac. . . . rr i 6 Ef. 2 ir, CM / Pl.:.... • 'ma s ' • I i PORTLAND. OREGON SEATTLE. WASHINGTON