8909 ' • . TITLE INSURANCF 'COMPANY
r . -i Prod .. STS -32.4
. 9 9 S E� � �� Easement: T -23
Deed Reference: Book 729, Page 62
KNOW ALL MEN BY THESE PRESENT�TY w (I) Fred E. Trueax and W. A.
J.` Began , and Carl H. Christenson and Esther A. Christenson, husband and
VI wife
-hereinafter termed grantor(s), in consideration of the sum of $ 100.00
n eN tQ be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter
termed the City, hereby grant, bargain, sell and convey unto the CITY OF
TIGARD a perpetual right -of -way and easement as hereinafter described, to-
gether with a temporary right -of -way and easement to use an additional area
hereinafter described and designated temporary easement, 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 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 •••• •;C:i :4 :•.:a •:c•A F:i.<•: CAI •V I O:, ••∎ c.t.cc•:<:a•:
.•.fa: ,• f.s :•4.i % t.•i;t,•.A.fif• Cf. 0,*4 %f...f.i e,4,f•a •f.t.Ci;t.•,t. *•,i SS •i;It
A portion of that tract of land in Section 3, T2S, R1W, W.M., Wash-
ington County, Oregon conveyed to Fred E. Trueax & W. A..Began as
described in Book 729 Page 62, Deed Records of said Washington County,
more particularly described as follows:
The Southeasterly 20 feet of the Southerly 200 feet of
said Trueax & Began tract.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands
Northwesterly
lying parallel to, along the side% and within 15 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 structures 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.
Bonk 758 PAGE 790
Page 1
Easement
r
•
8909
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 _ce ,c 1 �" ,
Cj /
r / _ Lam. (SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
/XXXXXMAInEtko Kt, 44. 4 ■AO, 4 €r4i P4 tb..04 ..•0.0.111 tA.• (PA it 0. 40,4,04•( *Are r, (...
' j X Ii. :i a /i(+•4i • Sc. -fLOA OA: ►,• !AA f: Af.1E.r.•fif kfefi :St •i,;lbfi, •
Qated��: this to-Intuit: �.
clay of_ -� ;� 19
C °
worn Yu this —_ f '� � rr
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r *• t ;. S.. N ee ' - - ��I _ _ /. .//
etailintSs14�vli;es _ ___ _ By Carl H. Christenson
3 s
. *° Esther A. Christenson ,.A
� 1 . .
Owner ,#. •
Title 7 ' ,r ,
STATE OF OREGON ) cr,
) s s .
✓ti
County of °O,
.: rye •ieI PI F,,Ii
On this /r day of e , 196 personally
appeared the above named 7,.,/4 efe �z -
-
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expires: /7 ,4,..4 -
Page 2
BOOK 758 PAGE 791
Easement
•
STATE OF OREGON ) •
)ss.
County of ) 890 9
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
Mayo
City Recorder
STATE OF OREGON
)ss.
County of Washington )
On this 29th day of September , 196 9 , before me
appeared Elvin G. Kyle and Doris Hai it g
both to me personally known who, being duly sworn, did say that he, the
said Elvin G. Kyle is the Mayor, and $ie, 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 rid and affixed my
official seal, this the day and year in th' �/ ificate first written.
fe
;100,)!
otary Public for Oregon
• My commission expire 0 c •
,1111'7\ ,.
•
Page 3
BOOK 758 ME 792
Easement
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FRE D E , TRUatts)( W. A. BEGAN
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BOOK 729 PASE 62, . .
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2.0 PERMANEMT EASEMENT \ .
0 . . 35 TEMPoR_ARY EASEMCNT-----
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STATE OF OREGON
County of Washington , s
s Il l
•
I, Roger Thomssen, Director of Records
• and Elections and Ex-Officio Recorder of Con- i
veyances for said county, do hereby certify e
that the within instrument of writing was
received and recorded in book of records_) . S - Stevens, Thompson 8:... Runyan, Inc,
No. 7,0-g BOOK 158 pat 79 ii Eng:ncers/ Planners
of said County PORTLAND. OREGON SEATTLE, WASHINGTON '
— — — -
Witness my hand ond seal affixed.
ROGER THOMSSEN, Director of
Records & I7 ns
/
Deputy
OCT 6 [a 35 Ali 'fig
RELEASE AND WAIVER
I (we) hereby agree that all damages incurred from construction
done on my (our) property at Deed Ref. 722 -62
• . 1 2S1
have =en 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 conditionss
osior
Witness Signed 1,
Signed ! .,, .1� -✓
Date
Contractor
T/
/ I
7Ue ' e +, 4
•
. . 425 S. W. Fourth Avenue / Portland, Oregon
Phone 222 -3651 RECEIVED
POLICY OF TITLE INSURANCE OCT 21 1969
Oregon Land Title Association CITY QF
Standard Coverage Policy �+ 1 1
IGARQ
No. 316054
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 -" N CF 11 TITLE INSURANCE COMPANY
tV ; RPON • ?•p / President
! / • • aGh • .< Attes �— 0.
• ut prized Officer : /
. Secretary
PAGE 1 OF POLICY /0 ••. ••.
REV. 7-63 4i
TI -21 a +, 1 ' 1 1xxx. � `'=
SCHEDULE A
Amount $1,000.00 Date October 6, 1969 At 10:35 A.M.
INSURED
- --CITY OF TIGARD - --
easement
The fee simple title to said latPcis, 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 a portion of that tract of land in Section
3, Township 2 South, Range 1 West, Willamette Meridian, Washington
County, Oregon, conveyed to Fred E. Trueax & W. A. Began as described
in Book 729, Page 62, Deed Records of said Washington County, more
particularly described as follows:
The Southeasterly 20 feet of the Southerly 200 feet of said Trueax
& Began 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 Northwesterly side and within 15 feet, when
measured at right angles, of the above described perpetual easement
area.-- -
PAGE 2 OF POLICY NO. 316054
1-128
Oregon Land Title Association
Standard Coverage Policy
R 9.60
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 des-
cribed premises lying within the boundaries of roads and highways.
7. Interest of Fred E. Trueax and W. A. Began as assignees of the
vendees' interest in contract, including the terms and provisions
thereof, between Carl H. Christenson and Esther A. Christenson
husband and wife, vendors, and Eldon R. Branch and Doris E. Branch,
husband and wife, vendees, dated June 22, 1965, recorded November
3, 1965, in Book 575, Page 626, Washington County Records, which
assignment thereof by the vendees was dated January 3, 1969, re-
corded January 6, 1969, in Book 729, Page 62, Washington County
Records.
8. Easement for drainfield purposes over the North 50 feet of the
herein described property, as disclosed in the above contract.
9. Special assessment of non -zoned farm lands, recorded March 19,
1965, in Book 545, Page 189, Washington County Records, sets out
the following warning, to -wit: "Non -zoned farm land, when assessed
at 'farm -use' value and later disqualified, becomes liable, when
disqualified, for additional taxes during the last five or lesser
number of years in which farm -use assessment was in effect, together
with interest at 6 %. "(AFFECTS OTHER PROPERTY ALSO.)
10. Easement, including the terms and provisions thereof,
granted to City of Tigard, dated August 18, 1969, recorded October
6, 1969, in Book 758, Page 790, Washington County Records.-- -
Page 3 of Policy No. 316054
TI -30
•
•
•
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•
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o 7cde
/ I Tpaceptaace e0004
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. 316054
Department of Public Works August 18, 1969
Tigard City Hall
Tigard, Oregon Re: Carl H. Christenson 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:
CARL H. CHRISTENSON and ESTHER A. CHRISTENSON,
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.
3. Interest of Fred E. Trueax and W. A. Began as assigness of the
vendees' interest in contract, including the terms and provisions
thereof,' between Carl H. Christenson and Esther A. Christenson,
husband and wife, vendors, and Eldon R. Branch and Doris E. Branch,
husband and wife, vendees, dated June 22, 1965, recorded November
3, 1965, in Book 575, page 626, Washington County Records, which
assignment thereof by the vendees was dated January 3, 1969, re-
corded January 6, 1969, in Book 729, page 62, Washington County
Records.
4. Easement for drainfield purposes over the North 50 feet of the
herein described property, as disclosed in the above contract.
5. Special assessment of non -zoned farm lands, recorded March 19,
1965, in Book 545, page 189, Washington County Records, sets out
the following warning, to -wit: "Non -zoned farm land, when assessed
at 'farm -use' value and later disqualified, becomes liable, when
disqualified, for additional taxes during the last five or lesser
number of years in which.farm -use assessment was in effect, together
with interest at 6%." (AFFECTS OTHER PROPERTY ALSO)
City of Tigard - - - -2 Order No. 316054
Note: 1968 -69 taxes, $488.10 paid. (2S1 3CA 103 23 -9)
We find no judgments of record against Fred E. Trueax or W. A.
Began.
TITLE INSURANCE COMPANY
Washington County Branch
d ames A. Parker
JP /lc
•
Order No. 316054
EXHIBIT "A"
Beginning at a point on the East line of the Southwest quarter of
Section 3, Township 2 South, Range 1 West of the Willamette Meridian,
Washington County, Oregon, which beginning point bears North 0 ° 37'
East 1325.6 feet from a stone at the one - quarter section corner on
the South line of Section 3, Township 2 South, Range 1 West of the
Willamette Meridian; running thence North 89 ° 23' West 20.0 feet to
an iron pipe on the West line of the County Road; thence continuing
North 89 23' West 720.9 feet to an iron pipe on the Easterly line
of that certain tract of land conveyed to Charles S. Howard by
deed as described on page 96, Book 146, Washington County, Oregon
Deed Records; thence North 30 ° 30' East along said Easterly line
1505.1 feet to an iron pipe marking the Northeast corner of the
Southwest quarter of said Section 3; thence South 0 ° 37' West 1305.0
feet to the place of beginning;
EXCEPTING THEREFROM the following: Beginning at the center of
Section 3, Township 2 South, Range 1 West of the Willamette
Meridian; thence South 0 ° 37' West along the center line of S. W.
115th Avenue, 348.00 feet to a point; thence North 75 ° 2'20" West
182.17 feet to a point in the Easterly line of Woodcrest No. 2;
thence North 30 ° 25'30" East 321.0 feet to the Northerly point of
said tract; thence continuing North 30 ° 25'30" East a distance of
28.81 feet to the center of section and point of beginning;
ALSO EXCEPTING that portion of the herein described tract conveyed
by deed from Carl H. Christenson and Esther A. Christenson, husband"
and wife, to Eldon R. Branch and Doris E. Branch, husband and wife,
recorded at Book 559, page 201, Washington County Deed Records;
ALSO EXCEPTING that portion of the herein described premises
conveyed by deed from Carl H. Christenson and Esther A. Christenson,
husband and wife, to Robert G. Pape and Marjorie A. Pape, husband
and wife, recorded at Book 559, page 346, Washington County Deed
Records.
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• FR E- D E , TRUr-LAX (c; W. A. BEGAN
2.5 1 "CA . 103
BOOK 729 PAGE 62.,
200 L. F.
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PORTLAND. OREGON SEATTLE. WASHINGTON