TEMPLETON SEWER SANITARY SEWER rn
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Tigard Public Schools, District 23%
Administration Office
13137S.W. Pacific Hwy.
Tigard,Oregon 97223
Area Code(503)620.1620
October 14 , 1974
Mr. Bruce Clark, Mgr.
City of Tigard
12420 SW Main St.
Dear Mr. Clark:
i
Enclosed please find copies of-4� deeds-easements for
J.Templeton,T-1 , S-1 , Twality Jr. High , S-1 , S-2 .
Will you execute and return a signed copy of each to
this office.
I
,fruly
'� ' yours,
Rona ,,A,--'serfa s
Business Manager
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��Vv ANDERSON, DITTMAN & ANDERSON
ATTORNEYS ,1T LAW
TIGARD PROFESSICiNAL CENTER
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9866 S. W. :EN'fC-.R STREET
P. O. BOX 23006, TIGARD, OREGON 97223
V
639-1121
FRED A. ANDERSONltunust 7 , 19'j4 CITY OF f
DERRYCK H. DITTMAN TIGARD
ROGER F. ANDERSON
MEMO TO: Nick F'iebert
City of T1.rard
FROM: Anderson, Dittman & Andersen
SUBJECT: Sewer Line Easement
Union High #2, to School. District #23J
I return to you herewith the copy of easement document
dated June 6, 1967 , which accompanied your note of August
6 , 1974 , in which you ask whethL.r Union High #2 may grant an
easement to the City of Tiva.rd for sewer purposes identical
to that stated in the document of June 6 , 1967 , naming School
District #23J as beneficiary of the easement .
>chool District #23J (Tigard) , Washington County , Oregon,
as new compc:,:ed, includes all properties and rights formerly
individually held by various school districts in the Tigard
area for the reason that District #23J is the result of an
integration of all other districts within Union High #2 into
one district known as School District #23J .
Accordinrly, under the doctrine of merger, School District
#23J owns the fee title to the lands formerly owned by Union
High #2 gjad the easement to which you refer has thus been ex-
tinguishe4. �. There is no lewal Impediment to `)chool I)Jstri.ct
#23J grant�_n'V to the City of Tigard a. sewer easement of identi-
cal or similar Nature to that described in the document of
,Tune 6, 1.967, provided that such grant does not interfere with
the 'usetulness of the lands involved for school district
purposes . 7
Fred. A. Anderson
FAA:pml
Encl.
Avoid Verbal Messages A_1
CITY OF TIGARD
To: - S - - - - From. :
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_ p�IVpr'It ESMI' CDS
KNO14 ALL MEN BY T116CE PR'3SENTS, That UNION HIGH SCHOOL
DISTRICT #2, JT. , Washington County, Oregon,hei.. Inafter termed
}Lr.intor, for and in consideration of the sum of $1U.00 and other
valuable consideration to the grantor paid by SCHOOL DISTR3CT #23,
Washington Ccunty, Oregon, the receipt and sufficiency whLreoRs
hereby acknowledged, does he qty_& gt, bargain sell - nd._Q avey
to School Distriyt #23, WIashington County, Oregon, a perpetual right-
----
of-way and easement, together with a temporary right-of-way and
ensemc-nt not to exceed 15 feet on either side of the hereinafter
described perpetual easement for construction purposes to terminate
upon completion of construct!on, for the following uses and purposes:
A perpetual right-of-way and easement for the purpose of
constructing, reconstructing, operating, maintaining, inspecting
and repairing of an underground sewer line, but reserving to the
grantor the title to the lands, subject to the easement, and the
right to the use thereof as will not interfere with the uses and
purposes of the said perpetual easement, said easement area being
I five feet on each side when measured at right angles of the fol-
lowing described center line:
Beginning at a point on the South line of
Lot 43 TICAP.DVILLE HEIGHTS in Section 11,
T259 RiW, 1-1.M. , WashingtonrCounty, Oregon, <<�,,,� •
120 feet West of the Sout 'corner of r�lyf
said lot; thence Northeasterly to a point
on the East line of said Lot 43, 75 feet
North from the Southeast corner thereof.
This easement is subject to the express provision that not
to exceed one manhole shall be constructed on said premises to be
located in said easement 'area within ten feet of the East line of
Lot 43 and shall be installed flush with the surface of the land
with a manhole cover bolted down.
IN WITNESS WHEREOF, the grantor, acting by and through
Page 1 -
TeM,ple�aH Saw, fri.
( pRWMid' Ls 'T,>
its duly authorized undersigned Chairman and Clerk under authority
of resolution of its Board of Directors has caused this instrument
to be executed this G" day of June, 1967.
UNION HIGH SCHOOL. DISTRICT #2, JT.
Washin on County, Orego�}/�
Urlae.
rman
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STATE OF OREGON ) ss.
County of Washington
On this 2.t? tk day of_ �«z-�_1,1967, personally appeared
the above named�ILEEN WILCOX§D ani ac nowledged that she is the
Clerk of Union High School District #2 it., and that the within
instrument was signed by authority of its Board of. Directors,
and EIL.EEN WILCOXEN acknowledged said instrument to be the free
act and deed of said School District.
Before
roe:
> Notazy PU51ic or Orogon
My Commission Expires:!0 9 jta
2 -
ESMT"
MOW ALL MEN BY THESE PRESENTS, That UNION HIGH SCHOOL
DISTRICT #2, JT. , Washington County, Oregon, hereinafter termed
grantor, for and in consideration of the sum of $10.00 and other
valuable consideration to the grantor paid by SCHOOL DISTRT.C1' #23,
Washington County, Oregon, the receipt and sufficiency whereof is
hereby acknowledged, does hereby grant, bargain, sell and convey,
to School District #23, Washington County, Jregon, a perpetual right-
of-way and easement, together with a temp.;rary right-of-way and
easement not to exceed 15 feet on either side of the hereinafter
described perpe,.ual easement for construction purposes to terminate
upon completion of construction, for the foll.:jwing uses and purposes:
A perpetual right-of-way and easement for the purpose of
constructing, reconstructing, operating, maintaining, inspecting
and repairing of an underground sewer line, but reserving to the
grantor the title to the lands, subject to the easement, and the
right to the use thereof as will not interfere with th,i uses and
purposes of the said perpetual easement, said easement area being
five feet on each side when measured at right angles rf the fol-
lowing described center line:
Beginning at a point on the S with line of
Lot 43, TIGARDVILLE HEIGHTS in Section 11,
T2S, R1W, �qjl. , Washington County, Oregon,
120 feet West of the SouthvMk corner of
said lot; thence Northeasterly to a point
on the East line of sa?d Lot a3, 75 feet
North from the Southeast corner thereof.
This easement is subject to the express provision that not
to exceed one manhole shall be constructed on said premises to be
J.ocated in said easement area within ten feet of the East line of
Lot 43 and shall be installed flush with the surfvice of the land
i4th a manhole cover bolted down.
IN WITNESS WHEREOF, the grantor, acting by and through
Page 1
its duly authorized undersigned Chairman and Clcrk under authority
of resolution of its Board of Directors has caused this instrument
to be executed this day of June, 1967.
UNION HIGH SCHOOL. DISTRICT #2, JT.
Washing on County, Oregorp�
Chairman
Clerk
STATE OF OREGON ) as.
County of Washington )
On this 2,o tl day of �_� I-e.�-,1967, personally appeared
LE
the above named EN WILCOXF.�i�-and acKnowledged that she is the
Clerk of Union High School District #2 Jt. , and that the within
instrument was signed by authority of its Board of Directors,
and EILEEN WILCOXEN acknowledged said instrument to be the free
act and deed of said School District.
Before me:
Notary Public -oar-rEg�n
14y Commission Expires: - 9 H2O
2 -
KNOW ALL MEN BY THESE PRESENTS, That I, TILLIE KESSLER, a
Single woman,
hereinafter called the tlrantor,
in considerat. If Ten and no/100 - - Dollar,
rad other valuable consideration, -
to grantc• • id by SC001, DISTRICT No. 23 (—ZGARD), WASHINGTON COUNTY,
OREGON hereinafter called the grantee,
does hereby grant, bargain, sell and convey unto the said grantee and grantee's here, successors and os•
_ J signs,that certain real property, with the tenements,hereditaments and appurtenances thereunto belonging
t
or appertaining situated in the County of Wash:.ngton and State cf Oregon,described
as follows,to•tw i!
The North 702 feet of the following described tract:
Being a part of the Donation Land Claim of Solomon and
�V# Elizabeth Richardson in Section 11, Tau-nahip 2 South of
Range 1 Wert of the Willamette Meridian in said County
and State:
Commencing at a point in the North line of said claim
' 28.57 1/2 chains Wast of the Northeast corner of said
claim; thence running South 16.296 chains; thence West
5.71 1/4 chains; thence North parallel with the East
line of said claim 16.266 chains to the North line of
acid claim; thence East on said North line of claim
3.71 1/4 chains to the place of beginning.
To Have and to Hold the shove described and granted premises unto the said grantee and grantee's
heirs,successors and assigns forever.
And said grantor hereby covenants to and with said grantee arl grantee's heirs,successors and as.
signs,that g►nntor is lawfully seized in fee simple of the above granted premises,/ree1romall encumbran es
EXCEPTING zonings and use restrictions, if any, and for the benefit
of grantor's lands adjoining on the south, use cf granted premises is here-
by restricted to public school purposes for a period of 20 yea,ts from date
hereof, enforceable only by injunctive proceedings and no�r,��i}�i�'�5Y1'�AV vill and
grantor's heirs, executors and administrators shall warrant and forrvr-t defend the above granted premises
and every part and parcel thereof against the lawful claims and demands of all persona whomsoever,
Y except as above stated.
! w /n construing this deed and where the eontexfpo{quires,the singul includes the p;ural.
S WITNESS grantor's hand ark seal this .1 • day of X1._'u.; L—+ 1916,L!
+�
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IORS 9].701 [
STATE OF OREGON,County of Washington is 1 b , 19<, L
Personally appeared the above named . TILLIE W8.13.R, a single woman,
^rfg ..._.. ....... _ _.. y
1''• "" •`.V and acknowled ed the fore oing instrument to be her voluntar act And deed.
,e: t7 ✓ ,tie
7� : ''r Notary Public for Oregon'
(8P!4'e�h My commission expire l 7a�. .. 16S
WARRANTY DEED i N a e x e u
STATE or ,
Counry of wa.hulptoe, '•# er
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1, Rigor Thom.vn,.pu.ctw of Rocords and
TO rld-40 v and 6 offtrto 11rn9dor of f'nnvnyancr■
S�{{[ }� �t"Q T(� �,1 too»'T use T»u WItim'd eaunty, do hot.Ey CTrhly that The within
...p1.�TRZT...Np!...23.1... t►Ar r,»ulovto In.trumrnt of.will wtr mlived an .corded
_ eon »lea Ral»a In hock__
(TIGARD) WASHINGTON CN'IY - }�—
............................._....... ueu I» eau».
,. 0"0 _ era w»rAs in til+Reryrdl o,�.�_
t A"tII 1169MVI G f tum"TO uu0.1 it arld r*unl,f.
FIRDFAICK A.ANnFASom Wtln•.l my hwA and e.al aNued.
d nOnER TNOMBSrN,Diewtct
AtTORMY Al lAW s
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O t' JKNOW ALL MEN BY THESE PRESENT`, That We. `1ULIUS B. KESSLER `y
and RITN KESSLER, husband and wife,
hereinnfter called the grantor,
in consideration of Ten and no/100 - -- - - - Dollars,- - - - - - - - Dollars,
1--- and other valuable consideration
to pprrnror aid by SCHOOL DISTRICT No. +23 (TIGARD), WASHINGTON COUNTY,
hereinafter called the grantee,
doer 1, reby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and
as-signs, that certain real property,with the tenements,hereditaments and appurtenances thereunto belonging
or appertaining, situated in the County of Washington and State of Oregon,described
f1•� as follows,to-wit:
The North 702 feet of the following described tract:
Commencing at a point in the North line of the Solomon Richardson
Donation Land Claim in Section 11, Township 2 South, Range 1 West.
Willamette Meridian, Wasbir.gton County, Oregon, 34.2875 chains
If L' West of the Northeast corner of said claim; thence South parallel
r� with the East line of said claim, 16.266 chains; thence West
" arallei with the North line of said claim 6.06 chains to the
t division line Letween the Eant half and the West half of said
+ claim; thence North 16.25 chains to the North line of said claim;
� = thence East on said North line 6.24 chains to the place of
beginning.
To Have and to Hold the above described and granted premises unto the said grantee and grantee's
heirs,successors and assigns forever.
And said grantor hereby covenants to and with said grantee and grantee's heirs,successors and as.
signs,that grantor is lawfully seized in fee simple of the above granted premises,free from all encumbrances
EXCEVING zoning and use restrictions, if any, and for the benefit
of grantors lands adjoining on the south, use of granted premises is here-
by restricted to public school purposes for a period ofyX 2p grs from data
hereof, enforceable only by injunctive proceedings and nondiirF (bfiVill and
grantor's heirs, executors and administrators shall warrant and forever defend the above granted premises
�.• and every part and parcel thereof against the lawlul claims and demands of all persons whomsoever.
l.w exceilt as above stated.
In construing this deed and where the context so regyi►es,the singylar includes the plural.
Wl rNF.SS grantors hand and seat this L e- day of 196-4 .
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STATZ OF OREGON,County of Washington, )e, Ide:' d 1 lge
Personally-aQQpeared the above named JULIUS Be KESSLER and RITA
KE5SkkiR"'''h1��71?AAd...l�Y1d_W.0.e....... ._.. ......
ati.r..0..fv , and acknowledged the foregoing instrument to be ,their voluntary act and deed.
1 I
"n' T' u otarp
t;;or Oren b/
^ My commission expir� << 74' ,9.
..
WARRANTY pDi.ED � STATE or oppao.4 � u
NLIUS a. KESSLE[ .,pd Cauntr of wnamaalon IL'.4e�le
.... ................. ............
j RITA M........................ .KESSLER .......................
1, Ra,.r Mm.ssen, Dtrnmt of Necntds and
TO Llritoe, and Er.011lao noco,der M cnnvnvnne..
SC1100L DISTRICT No. 23 (DON'?U611TNtt +�, ,a,d-tauaty, da hatabr r.,,ur tl,at Ino wnh,n
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