8596 .. .. TITLE 1NSUR NNE COMPANY
• Project:
• STS 32.4
8596 Easement:
Deed Refexenc4: B 725, P 38
KNOW ALL MEN BY THESE PRESENTS: That we (I) Donald L. & Muriel J.
Osborne, Husband and wife
® hereinafter termed grantor(s), in consideration of the sum of $52.50
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
Al 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 f - an- -c detr-s - y --wheat
- rred__ --ate- - i rk- - errg-1es -,- -o-f- -I3re- -fo-1- rrg- �-e rt er- -1-i -r
i ri�r - ire - - -1 -l-ow .-ng --de z-ejn& ed-
A portion of that tract of land in Section 3, T2S, R1W, W.M.,
Washington County, Oregon conveyed to Donald L. & Muriel J.
Osborne as described in Book 725 Page 38, Deed Records of said
Washington County, more particularly described as follows:
The Westerly 15 feet of said Osborne 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 Easterly side and within 20
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.
Page 1
Easement BOdK p t� 17
(4
•
• 8596
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 18th day of August , 1969
.. / , / �= OP
1,.___• (SEAL) (SEAL)
•
(SEAL) (SEAL)
(SEAL) (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
STATE OF OREGON ) •
)ss.
County of Multnomah )
On this 18th day of August , 19 , personally
appeared the above named DONALD L. OSBORNE and MURIEL J. OSBORNE,
husband and wife
and ackgo '1 foregoing instrument to be their voluntary act and deed.
.
Before me:
•
Notary Public for Oregon
�. oat Nf• "b
2/12/70
.My Commission expires:
Page 2
Easement a 758 PAGE 318
BOOK
•
,STATE OF OREGON )
)ss.
County of ) 8596
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
. Before me:
Notary Public for Oregon'
My Commission expires:
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: 66...a...___,'
Mayor
By: III:.
City Recorder
STATE OF OREGON )
)ss.
County °Washington )
On this 26th day of September , 19669 , before me
appeared Elvin G. Kyle and Doris Hartig
both to me personally known who, being duly sworn, d d 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 h..•T and affixed my
official seal, this the day and year in thi= n .' cer : cate first written.
''' .ggieli.6, 0
otary Public or ° r Oregon
/-7,97? ,.. -,�
�
� . '.
My commission expires c 0
O . � • 1.- %. / � :<�
Page 3 (�
Easement - g[�CIK 1`",�j 8 ?AGt379
tom' „ , .
. ^� • 1
• I
859$ .
T- 27 I
DONALD L. , MURIEL J. OSBORNE
. 25 1 3CA 10%
BOOK 725 PAGE 38 '
105 L.F.
SCALE I " = 100
//
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1S' PERM.,.:.. EASE. M T r: .
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STATE OF OREGON
C
ss I C.0 . ewe/
' County of Washington
I, Roger Thomssen, Director of Records
�. and Elections and Ex- Officio Recorder of Con-
veyances for said county, do hereby certify
1 that the within instrument of writing was
received and recorded in book of records d
t ( - i No. 7Sd
r ' of said County
Witness my hand and seal affixed. > 1
ROGER THOMSSEN, Director of .
Records & Elections •
r .t Deputy l 'I
a
�... , OCT I 2 42 ?K ' 69 •
'i K. pAGE380 E i S teveYas, Thompso & iun ya.a, inc.
r�, rz, Engineers /Planners
- - -- `-- ^y PORTLAND. OREGON SEATTLE. WASHINGTON
-T R ECD %,
� ° I Tte , 0244+44, y ,,, i 1969
Y OF
• r�
425 S. W. Fourth Avenue / Portland, Oregon G RD
Phone 222 -3651
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No. 316056 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 stared 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 R AN C 110∎N F \.t TITLE INSURANCE COMPANY
II ��
/ — / President
Authorized Officer / �+ :00111.2.711.1"3> � : Attest:
• •
/ /�, • •�� Secretary
PAGE 1 OF POLICY
REV. 7-63 °••••• ..
G
TI -21 \ \ \Ni. O`er`-`
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 saidAxothis, 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 Donald L. and Muriel J. Osborne as described in Book
725, Page 38, Deed Records of said Washington County, more par-
ticularly described as follows:
The Westerly 15 feet of said Osborne tract.
TEMPORARY EASEMENT:
Together with the temporary right of ingress, egress, and regress,
and use for sewer construction purposes, of additional lands being
or lying parallel to, along the Easterly side and within 20 feet,
when measured at right angles, of the above described perpetual
easement area.---
PAGE 2 OF POLICY NO. 316056
1-128
Oregon Land Title Association
Standard Coverage Policy
178-60
• *
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 and to any portion of the herein
described premises lying within the boundaries of roads and highways.
6. Mortgage, including the terms and provisions thereof, given
by Donald L. Osborne and Muriel J. Osborne, husband and wife, to
the State of Oregon, represented and acting by the Director of
Veterans' Affairs, pursuant to ORS 407.030, dated August 6, 1969,
recorded August 14, 1969, in Book 753, Page 478, Washington County
Records, to secure the payment of $18,500.00.
The above mortgage provides that no transfer of ownership
of such property shall be valid unless the conveyance contains
a covenant of the purchaser that he will assume and agree to pay
said mortgage.
7. Easement, including the terms and provisions thereof, given
to the City of Tigard, dated September 26, 1969, recorded October
1, 1969, in Book 758, Page 377, Washington County Records.-- -
Page 3 of Policy No. 316056
TI -30
• p rr- De l(
2 S 1 - CA /6a
/ I � ?ale Tadavolace eomfta ay
title insurance 12012 S. W. Canyon Road / Beaverton, Oregon 97005
escrows
Phone 646 -8181 HEAD OFFICE
425 S.W. FOURTH AVENUE
PHONE 222 -3651
City of Tigard Order No. 316056
Department of Public Works August 11, 1969
Tigard City Hall
Tigard, Oregon
Re: Donald L. Osborne et ux
Account #2- 32.4 -290
Gentlemen:
We are prepared to issue title insurance policy covering:
See EXHIBIT "A" attached;
showing title on August 6, 1969 at 5 :00 P.M., vested in:
DONALD L. OSBORNE and MURIEL J. OSBORNE,
an estate in fee simple
as tenants by the entirety;
subject to the usual printed exceptions, and
1. 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, $488.10 paid. (2S1 3CA 103 23 -9; AFFECTS OTHER
PROPERTY ALSO; will be.2S1 3CA 106 29 -9 for 1969 -70 tax year.)
TITLE INSURANCE COMPANY
Washington County Branch
James A. Parker
JP /lc
. v
Order No. 316056
EXHIBIT "A"
A tract of land in Section 3, Township 3 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, more particularly
described as follows, to -wit:
Beginning at a point which is the Southeast corner of that tract
described in deed to Eldon R. Branch et ux, recorded in Book 722,
page 93, Washington County Deed Records; thence North along the
East line of said Branch tract 120 feet to a point; thence West
along a line which is parallel to the South line of said Branch
tract, to the center of the creek running in a generally Northerly
Direction on said property; thence along a meandering line which
is the center of said creek, South to the South line of said Branch
tract; thence East along the South line of said Branch tract, 346
feet, more or less, to the point of beginning.
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68 -P- 486.054 May 6, 1969
Easement T -27
Donald L. & Muriel J. Osborne
3725 N. ivrassachusett.
Portland, Oregon
Book 725 Page 38
2S 1 3CA 106 105 lineal ft.
A PERMANENT EASEMENT
• A portion of that tract of land in Section 3, T2S, R1W, W. M. , Washington
County, Oregon conveyed to Donald L. & Muriel J. Osborne as described
in Book 725 Page 38, Deed Records of said Washington County, more par-
ticularly described as follows:
The Westerly 15 feet of said Osborne tract.
A TEMPORARY EASEMENT
The Westerly 35 feet of the aforementioned Osborne tract.
•
•
•
•
•
•
•
4-4 1 .
!
■
F.
T-27
DONALD L. MURIEL J. O5BORNE
ZS i 3CA I OG
BOOK 725 PAGE. 33 •
105 L. F.
SCALE : I " = 100 i
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PORTLAND. ORCGON SZATTLE. WASHINGTON
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