8923 • ..� LE I S Project: SSL: 32.4
8 92
Easement:T -26
Deed Reference: B 722, P 93
KNOW ALL MEN BY THESE PRESENTS: That we (I) Thomas E. Hogue and
Tan R Hngt7P, Husband and wife
hereinafter termed grantor(s), in consideration of the sum of $27.50
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
0 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, foliag trees and other obstructions within the
easement area, 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 s, at- ,„ when Pa-
-si ed - -r4-g t- -&ngi- es- ,-- of-- tine --fo -H o arin g' -d -Ervr ed- - Tl 17kne
-i-t .i-n-- t-4re-- fo- Nrow -i -erg- -des i- a1ed rerni - s-:
A portion of that tract of land in Section 3, T2S, R1W, W.M.,
Washington County, Oregon conveyed to Thomas E. Hogue and
Jan R. Hogue as described in Book 722, Page 93, Deed Records
of said Washington County, more particularly described as
follows:
A triangular section in the Southwest corner of the tract being
approximately 72 feet in length on the Northwesterly line and
approximately 15 feet in length on the Southerly line of said
Hogue tract.
2. Temporary easement:
Together with the temporary right of ingress, egress, and
regress, and use for sewer construction purposes, of additional
lands
extension thereof
lying parallel to, along the Easterly 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 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 BOOK 758 PAGE 8I9
Easement
S' ,
1 �\
.. 8923
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 le-9-m 19 Cr.
347 (SEAL) (SEAL)
/.-j s , (SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate Lo the easements above granted.
Dated this day of , 19 .
Mortgagee
By
Title `hip.
STATE OF OREGON ) icy s• ` '- ` '
County of ) ss . . ��� r G.
On this 3 day of s, , 19 Cr, per,ona11y
appeared the above named 1hO NIOIS IA 01 :A ' 'C'k k • E O GLA
•
and acknowledged the foregoing instrument to be their volun d ry act and deed.
• Before me:'
Notary Public for Oregon
My Commission expires: /7" 4,-,./4"7-7
Page 2
BOOK X5 PAGE 820
Easement
../1
. I t
e
" STATE OF OREGON a )
)ss.
County of ) 8923
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 '__ : 4/ti Ma o�
Y
City Recorder
A(
O
STATE OF OREGON )
)ss.
County of Wash. )
On this 26th day of Sept. , 196 9 , before me
appeared Elvin G. Kyle and Doris Hartig ,
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 Harlig 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.:iand affixed my
official seal, this the day and year in this m -ccert ? °fcate first written.
. ,'<'',' K'',F77- , .... -,,,,
Notary Public for •regon
c°,; a � , ;-) 8 .' j
7 / »/ : 0.. ` c, a---
My commission expires c>,".. . .1PJ, `
Page 3
1:
Easement 758 .g
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ELDRON R. 4 DORIS BRANCI-1
25 1 3CA 105
BOOK 72,2 PAGE SS
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SCALE : t " . 100
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Filed to recz:qd /0 - es, 19 elov
ROGER THOIyiS5l:•4 , I ir -t of Recd a & Efections
• --.—.D
is )
it70° 7.4 ?ay e 1; 2 14- •
,... Ateverts,'Fbompsora Sz.: Ftlanyan, inc.
T l EngLneers/Plamzers
J PORTLAND. OREGON SEATTLE. WASHINGTON
, .
t .. l
A b 23
•
STATE OF OREPN •
ss
County of Washington
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.
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
Records & Eleiti?fly
0r 6 ,i 3s 9 Deputy
eject: SSL: 32.4
, Easement : T -2 6
Deed Reference: B 722, P 93
KNOW ALL MEN BY THESE That we (I) Thomas E. Hogue and
•
— __.I R L4rgu , HuGhanr3 and wife
hereinafter termed grantor(s), in consideration of the sum of $27.50
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
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,
.,u.r 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
- s�rr -e - �-t -r`i r �-1 , --off -t ie- -�o- +oa r2g- -d e�sc - c- �• riire
-e4a ri - -t-he- 4 oari�tg+- e si ret-ed- :
A portion of that tract of land in Section 3, T2S, R1W, W.M.,
Washington County, Oregon conveyed to Thomas E. Hogue and
Jan R. Hogue as described in Book 722, Page 93, Deed Records
of said Washington County, more particularly described as
follows:
A triangular section in the Southwest corner of the tract being
approximately 72 feet in length on the Northwesterly line and
approximately 15 feet in length on the Southerly line of said
Hogue tract.
•
2. Temporary easement:
Together with the temporary right of ingress, egress, and
regress, and use for sewer construction purposes, of additional
lands
• extension thereof
lying parallel to, along the Easterly 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 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
•
•
•
�:_ ...
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 , 19
e3471-e (SEAL) (SEAL)
• (SEAL) (SEAL)
•
(SEAL) • (SEAL)
For a consideration, the Inortgd(;e 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
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:
Page 2
Easement •
•
-STATE OF OREGON
)ss.
County of
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
Mayof
4
•B y: ���
City Recorder
STATE OF OREGON
)ss.
County of Wash. _)
On this 26th day of Sept. , 196 9 , before me
appeared Elvin G. - Kyle and Doris Hartig
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 Ha 'g 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 this m• -cert icate first written.
Notary Public, or •regon
;_ 7 / /PXV
My commission expires
•
•
•
Pacge. 3 •
Easement
•
•
•
•
1
-
LD 1 .0N .. DV3 EACk
I I OS
ECC 7Z2. PA 3
ES L. F.
'SCALE " 100
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E.t..)r AT.7..MENT I
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RTLA.N.D. OREGON SEATTLE. WASe-liNGTCN
T
TZUe
OCT Zi lsss
•
425 S. W. Fourth Avenue / Portland, Oregon
Phone 222 -3651 CITY OF TUGARD
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No. 316055 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 � _`RANCF
111. TITLE INSURANCE COMPANY 14 i j R PO R4 / President
D i horizeOfficer % Attest:Z. °_
.
PAGE 1 OF POLICY , • ••• ••.• Secretary
o REV. 7-63 d " I 1 C•••••••
TI -21 • `
,,, `l\ \ \� O` er`'
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 hack is, 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 Thomas E. Hogue and Jan R. Hogue as
described in Book 722, Page 93, Deed Records of said Washington
County, more particularly described as follows:
A triangular section in the Southwest corner of the tract being
approximately 72 feet in length on the Northwesterly line and
approximately 15 feet in length on the Southerly line of said
Hogue 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 Easterly side extension thereof
and within 15 feet, when measured at right angles, of the above
described perpetual easement area.-- -
PAGE 2 OF POLICY NO. 316055
nn
Oregon Land Title Association
• Standard Coverage Policy
R8-60
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. Easement, including the terms and provisions thereof, granted
to City of Tigard, dated September 3, 1969, recorded October 6, 1969,
in Book 758, Page 819, Washington County Records.-- -
Page 3of Policy No. 316055
TI -30
•
• perr7 • pe-I11
•
•
•
•
T I
- /0 I ?ate Vg-44144Pleee
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. 316055
Department of Public Works August 11, 1969
Tigard City Hall
Tigard, Oregon
Re: Thomas E. Hogue 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:
THOMAS E. HOGUE and JAN R. HOGUE,
an estate in fee.simple_
as tenants by the entirety;
subject to the usual printed exceptions.
Note: 1968 -69 taxes, $488.10 paid. (2S1 3CA 103 23 -9; AFFECTS OTHER
PROPERTY ALSO; will be 2S1 3CA 105 23 -9 for 1969 -70 tax year.)
TITLE INSURANCE COMPANY
Washington County Branch
James A. Parker
JP/lc
}
•
Order No. 316055
EXHIBIT "A"
A tract of land in the Southwest quarter of Section 3, Township
2 South, Range 1 West of the Willamette Meridian, Washington County,
Oregon, more particularly described as follows:
Beginning at an iron pipe on the West line of S. W. 115th Avenue
that bears North 0 ° 37' East 1575.6 feet and North 89 ° 23' West 20
feet from the South quarter corner of said Section 3, being the
Southeast corner of that tract described in deed to Robert G. Pape
et ux, recorded July 7, 1965, in Book 559, page 346, Washington County
Records; thence North 89 ° 23' West to a point on the East line of
that tract described in contract between Eldon R. Branch et ux and
Fred E. Trueax et al, recorded January 8, 1969, in Book 729, page
372, records of Washington County, said point being also in the
center of a creek; thence Southerly following the meanderings of
said creek and the Easterly line of the said Trueax tract, to the
Northwest corner of that tract described in deed to Donald L.
Osborne et ux, recorded March 4, 1969, in Book 735, page 111,
Records of Washington County; thence East along the North line of
said Osborne tract, to a point on the West line of S. W. 115th
Avenue; thence North along said West line, 130 feet to the point of
beginning.
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•
68- P- 486.054 May 6, 1969
Easement T- 26
E�dan -R. —F D_c— is 3 .n.ch •
• Tibard Oregon
Book 722 Page 93
2S 1 3CA 105 • 55 lineal ft.
A PERMANENT EASEMENT
A portion of that tract of land in Section 3, T25,,, R i W, W. M. , Washington
County, Oregon conveyed to Eldon R. & Doris Branch as described in Book
722 Pa 93, Deed Records of said Washington County, more particularly
described as follows: •
A triangular section in the Southwest corner of the tract being
approximately 72 feet in length on the .Northwesterly line and
approximately 15 feet in length on the Southerly line of said .
Branch tract.
A TEMPORARY EASEMENT •
A strip of land 15 feet wide and contiguous upon the East of above described
Permanent Easement and extending Northerly to an intersection with the above
mentioned Northwesterly line of said Branch tract.
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1 ELDRON R. 4 DORIS BRANC-4
2.5 1 3CA 105
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BOOK 722, PAGE S
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