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8594 TITLE IN RANCE COMPANY `•, ' Project: STS-32.4 5 9 4 Easement: -- T-13 Deed Reference: B 272, P 131 KNOW ALL MEN BY THESE PRESENTS : That we (I) Samuel E. Graham, Jr. Ph and Jose2hine Grace Graham, husband and wife and Edwards Industries , Inc. Profit Sharing & Retirement Plan P1 hereinafter termed grantor (s) , in consideration of the sum of $ 611.00 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: 1® 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, foliage, 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 : ••••o_x •..'•_. '►. •44.,..A4r4 ��;.:♦ -1.4 Ate. • ..r•,�44,rl.;r• .,,• 4,►z-4 A•SiI•0• x•a►.u4�a,�j.0 s•1 ;c,•00./ lb<5.40\F-•_►•4 d..!` '"949.4 .',4141"4":644 ...z",-042'...1',7-04 A portion of that tract of land in Section 3, T2S, R1W, W.M. , Washington County, Oregon conveyed to Samuel E. Graham Jr. as described in Book 272 Page 131, Deed Records of said Washington County, being in two parcels, each 15 feet wide, 7.5 feet wide either side of the centerlines which traverse the premises as follows: Parcel I: Beginning at a point on the North line of the tract, said point being 305 feet, more or less, Westerly of the Northeast corner of said Graham tract; thence, S 42°05' 59"W, a distance of 119 feet; thence, S 19°22 ' 01"E, a distance of 256 feet; thence, S 13040' 45"E, a distance of 11 feet, more or less, to a point on the South line of the tract, said point being approximately 43 feet Westerly of the intersection of the aforementioned South line of said Graham tract with the most Westerly line of S.W. Park Street. Parcel II: Following the described centerline of Parcel I along that course bearing S 42005' 59"W, a distance of 119 feet to the point of be- ginning of Parcel II; thence, S 84°28' 52"W, a distance of 300.59 feet; thence, S 75°47 ' 07"W, a distance of 310.56 feet; thence, S 48°52 ' 52"W, a distance of 225 feet, more or less, to a point on the South line of the tract, said point being approximately 132 feet Easterly of the South- west corner of said Graham 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 IXDox both sidesand 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 temporary 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. � Q (� Page 1 ?f O)( I 8 PAGE 360 g Easement 8594 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 if - day of • ,�,�,� , 19 (i/ . ( SEAL) SAdo c✓ F (SEAL) MuS ' '(SEAL) /9 ..i/ r �! / � • ` ) (SEAL) z[P (SEAL) " 14 b7 E 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; ��, � • STATE OF OREGON '`4 p r County of WO.. ) t13...% On this day of . . , 196=9' , personally appeared the above named „de hoe and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires: /74„•.„, Page 2 Boot( 758 P!GE)70 Easement • STATE • OF OREGON ) 8594 )ss. County of Washington ) On this 11th day of A ,19_ 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 F. FnffPe is the Truste A ()SXand he, the said Allen C. Edwards, Sr. (RetiremEnt Plan is the $ q ej } T riist .e of Friwarris Tnriiisfri eG, Tnr 17rnf i f. Shari &/ the within named Corporation, and that the seal affixed to said instrument i 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 F. floffBP and Al l Pn r. F1 iivarriG, .q acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my ;,c � Yq hand and affixed my official seal the day y ,.;��' ,- ,' ; .. ., y � d'�; nd year last above written. mum , - - di - 1 i 4nuip .:- -. -','=.. 0 ::r . ,1 ,•,- ,.' .-. 41114Mli . ;_ °. ` ; ` ' - << Nota . Public for Oregon. . L L�' ` • . - • - Y ' ,r'',' My Commission expires may 1 1 , 1972 • . ' r? f ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF I ARD By: 1;;" MayorAl By: o,1 MIL L • - /4 City •ecorder STATE OF OREGON ) )ss. County of Wash. ) On this 26th day of Sept. , 1969 , before me appeared Elvin G. Kyle and Doris Harti , both to me personally known who, being duly sworn, did say that 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 Elvin G. Kyle and Doris Hartig _. acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my ha -and affixed my official seal, this the day and year in thi ' cer j�f - first wri•.tt . Notary Public for regon . 0 - V (k`~,_'-.. , `2 40 l', /" �' • v ' My Commission expires -7 •• Page 3 • lr . Easement r� • BOOK 758 PAGE 371 - I a 'Alt `1 ,. r • . 859 i \ A . ( A. I • T -13 SAMUEL E. CSR ARAM JR. • - p 2S 1 3D 300 • BOOK 272, PAGE. 131 • w I • '' SCALE : 1 t1 ZOO 1 1z W l I >I - - 0 1 Q i V LQ , 0 , ! .` /.- --- 3 05' M/L - 4 5 , // ' 3p ` -o-= PARCEL Z — �h \O �� 110 . PARCEL LL � \ - a � l �1N %.1‘... I.P.F. 4, \\ PARK ST. impr _ -- - 43')-t/Ir \--._ -- (S1 . I • 1 = • s o Il �� 11 0 15 PERMAN EMT EASEMENT:- \el: R 50' TEMPOQAZY LA SE MENT cti INDEXE . STATE OF OREGON / County of Washington ss 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 received and recorded in book of records No. _774.....17:X__ 31)Ok 758 PAGE TI2 of said County Witness my hand and seal affixed. S' Stevens Th©nanso & Runyan, inc. ROGER THOMSSEN, Director of r' R Engineers /Planners Records & Elections f PORTLAND. OREGON SEATTLE. WASHINGTON %/:::7.—t2.—e..--7-4---a--911. . , . Deputy PtY OCT 1 2 42 PH '69 • T/ /O I TZI& 14.44.4,44,ex eo,„ • 425 S. W. Fourth Avenue / Portland, Oregon RECEIVED • Phone 222 -3651 OCT 21 196$ POLICY OF TITLE INSURANCE CITY OF Oregon Land Title Association T /GARD Standard Coverage Policy No. 316044 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. � .RANCF 1 Countersigned 1 1 ' 1 TITLE INSURANCE COMPANY ti` ,,J, A' � Ckir� / • / %41 ; o ftPOli' Ar •; -°7 -7// President Authorized Office • S E i j Att est: w `— r PAGE 1 OF POLICY �� j , • . • .. Secretary REV. 7-63 �! � •.. *'••• TI -21 d f11 t14` ; \ \ \�� ��` `= 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 bcothis, at the date hereof, vested in CITY OF TIGARD, a municipal corporation.-- - The land referred to in this policy is described as: PERPETUAL EASEMENT: A portion of that tract of land in Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Samuel E. Graham Jr., as described in Book 272, Page 131, Deed Records of said Washington County, being in two parcels, each 15 feet wide, 7.5 feet wide either side of the centerlines which traverse the premises as follows: PARCEL I: Beginning at a point on the North line of the tract, said point being 305 feet, more or less, Westerly of the Northeast corner of said Graham tract; thence South 42 ° 05'59" West a distance of 119 feet; thence South 19 ° 22'01" East, a distance of 256 feet; thence South 13 ° 40'45" East, a distance of 11 feet, more or less, to a point on the South line of the tract, said point being approximately 43 feet Westerly of the intersection of the aforementioned South line of said Graham tract with the most Westerly line of S. W. Park Street. PARCEL II: Following the described centerline of Parcel I along that course bearing South 42 ° 05'59" West, a distance of 119 feet to the point of beginning of Parcel II; thence South 84 ° 28'52" West, a distance of 300.59 feet; thence South 75 ° 47'07" West a distance of 310.56 feet; thence South 48 ° 52'52" West, a distance of 225 feet, more or less to a point on the South line of the tract, said point being approximately 132 feet Easterly of the Southwest corner of said Graham tract. TEMPORARY EASEMENT: Together with thetemporary right of ingress, egress, and regress, and use for sewer construction purposes of additional lands lying parallel to, along both sides and within 17.5 feet, when measured at right angles, of the above described perpetual easement area.-- - PAGE 2 OF POLICY NO. 316044 1-128 Oregon Land Title Association Standard Coverage Policy R 6 -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. Easement, including the terms and provisions thereof, granted to City of Tigard, dated August 11, 1969, recorded October 1, 1969, in Book 758, Page 369, Washington County Records. 8. Interest of Edwards Industries Inc. Profit Sharing & Retirement Plan, as disclosed in above easement.-- - Page 3 of Policy No. 316044 TI -30 • 3D 300 / -as l / I ?ale Vadeemace eomfoote, title insurance 12012 S. W. Canyon Road / Beaverton, Oregon 97005 escrows Phone 646 -8181 HEAD OFFICE 425 5. W. FOURTH AVENUE PHONE 222 -3651 City of Tigard Order No. 316044 Department of Public Works August 13, 1969 Tigard City Hall Tigard, Oregon Re: Samuel E. Graham, Jr. et ux Account #2- 32.4 -290 Gentlemen: We are prepared to issue title insurance policy covering: The South one -half of the North one -half of the Northwest quarter of the Southeast quarter of Section 3, Township 2 South of, Range 1 West of the Willamette Meridian, Waiington County, Oregon; EXCEPT that portion dedicated to the Public for streetsby deed recorded February 17, 1958, in Deed Book 402, page 246; showing title on August 7, 1969 at 5:00 P.M., vested in: SAMUEL E. GRAHAM, JR. and JOSEPHINE GRACE GRAHAM, an estate in fee simple 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. Note: 1968 -69 taxes, $247.84 paid. (2S1 3D 300 23 -9) TITLE INSURANCE COMPANY Washington County Branch ■k , • James A. Parker JP /lc n jr . c. IvI 0, J Lt. MAP ' y � ;;! ' - ': ; ` 2S 13AC 2S I 3AD • 7 \,: k r y } r CENTER OF SECTION 3 ' b K$ ,w r w 40 T2S RIW • .>.: \ k � k WI SW. CORNER e a S89 ° 53 E Y.. � :: JOHN L.HICHLIN ti ` 100 200 " D.L.C. 37' — -- ( .96. 8.58 AC. t -- r.. O Y ` N89 ° 53W 316.66 • sYYk JJYY��•• r • ,V DERRY—DE Y o .. / 300 r 9.37Ac. .. • N • • • 4 w .1. • SEE M � Q 2SI 30 � eo 1 / ; �/ 402/246 M TERM. C.R. 1320 33Rods E. W 47 Rods — — `C S.W. PAR K • «4,:.: 400 180 19.29Ac. i ' • .-‘..!!;:. . ' .. '..- • . • ., . ,,..... .. . , . .c .:,... so" r. i z • 0 _ • . rq / — i I t 1/16 CORNER ' +l f vL •, W. 33 Rods_ 1 . Ks 8ORods • .' ox • O ,::'.••• > 3, • K r• . S.W. ' FAI 68 -P -486. 054 May 6, 1969 Easement T -13 Samuel E. Graham Jr. 10655 S. W. Park St. • Tigard, Oregon Book 272 Page 131 2S. 1 3D 300 1222 lineal ft. A PERMANENT EASEMENT A portion of that tract of land in Section 3, T2S -„ R1W, W. M., Washington County, Oregon conveyed to Samuel E. Graham Jr. as described in Book 272 Page 131, Deed Records of said Washington County, being in two par- cels, each 15 feet wide, 7. 5 feet wide either side of the centerlines which traverse the premises as follows: Parcel I Beginning at a point on the North line of the tract, said point being 305 feet, more or less, Westerly of the. Northeast corner of said Graham tract. Thence: S 42° 05' 59 "W, a distance of 119 feet, Thence: S 19° 22' 01"E, a distance of 256 feet, Thence: S 13° 1 40' 45 "E, a distance of 11 feet, more or less, to a point on the South line of the tract, said point being approximately 43 feet Westerly of the intersection of the afore- mentioned South line of said Graham tract with the most Westerly • line of S. W. Park St. Parcel II Following the de'scribed:centerline of Parcel I along that course bearing S 42° 05' 59 "W, a distance of 119 feet to the point of be- ginning of Parcel II; Thence: S 84 °. 28' 52 "W, a distance of 300. 59 feet, Thence: S 75° 47' 07 "W, a distance of 310. 56 feet, Thence: S 48° 52' 52 "W, a distance of 225 feet, more or less, to a point on the South line of the tract, said point being approx- imately 132 feet Easterly of the Southwest corner of said Graham tract. A TEMPORARY EASEMENT Parcels I and II identical in centerline location to the Permanent Easement, being 50 feet wide, 25 feet either side of the afore- mentioned centerlines. N A ;3 �.a �fi r \ ! s 'pY 5�, I T -13 SAMUEL E. GRAHAM JR. ._ i 2S ! 3D 300 I, BOOK 272 PAGE 131 ' , i k 1,22,2, E.F. F r SCALE ° t ' r 200 0 ` i. Lii ' H z u I> - ;...A o i c 84 ' 9'2 N„,, 49:7- --- 3Os' mil- - a Cr A// '3 (DC) . Sg' 5 :5 T �/ -a- PARCt 1�. PARCEL II __ ° e ., , CP u, 4 0 - ,.., , �v A N % � , : ,r 6 I , ' ik I.? v. _ _ _ ,t0 f-r 5. W. PARK ST. `.+ � 43'u /t.: l32 �n ._ • O o A c5 1S' PEP.MAh'EtJT- .EAsEimEl3T- = V -'50' TEMPORARY- EASE. ML- l y Cri . • • { { 4 € Stevens, Thompson 8: Ras. yazi, Yrxe. rip j. Ergiineers /P/anrers PORTLAND. OREGON SEATTLE. WASHINGTON I