11240 ~ Ash Street �MIMr N
Deed Reference: Bk.392 p.525
11240 KNOW ALL MEN BY THESE PRESENTS: That JAMES R. HOItiD and BETTY
M. HORD, husband and wife, as contract purchasers, and ELDRED CASTER
as record titleholder
hereinafter
termed grantor, in consideration of the sum of $224.25 , to
be paid by the CITY OF TIGARD, a municipality of the State of Ore-
gon, hereinafter referred to as the City, does hereby grant, bar-
gain, sell and convey unto the CITY OF TIGARD a perpetual right
of way and easement as hereinafter described, together with a tem-
porary easement to use an additional area hereinafter described and
designated temporary easement for the following uses and purposes:
1. Perpetual Easement:
An unencumbered, perpetual easement 10 feet in width
for the purpose of constructing, operating, maintain-
ing and repairing of an underground sewer line and
one manhole, together with the right to remove as nec-
essary, vegetation, foliage, trees and other obstruc-
tions within the easement area, but reserving to the
owners title to the lands, subject to the easement,
and the right to make use thereof, except to construct
buildings, as will not interfere with said easement.
Said easement area being five (5) feet on each side,
when measured at right angles, of the following
described centerline:
In Tax Lot 100 SW1/4 NEI/4 Sec.2 T2S R1W WM 2S-1-2AC:
TRACT I: Beginning at a point on the northwesterly
'Tine o3' that tract of land described in Book 392 page
525 Deed Records of Washington County, Oregon, said
point being 307 .0 feet, on a bearing of 545"14' W
from the most northerly corner of said described prop-
erty; thence S 44°38' E 297.1 feet to a point on the
southeasterly line of said described property, said
point being 313.0 feet on a bearing of S 42° 05' W
from the most easterly corner of said described property.
2. Temporary Easement:
TRACT II: Together with the temporary right of ingress,
egress and regress, and use for construction purposes,
of additional land lying parallel to, along both sides
and within 15 feet, when measured at right angles, of
TRACT I above described, excepting and reserving to
owners the unimpaired enjoyment, use and preservation
of all structures and fruit trees , if any. BooK 516 PAQE28
11240 SPECIAL PROVISIONS
a) Any manhole to be placed within the perpetuaal ease-
ment area, if located elsewhere than on the property line, shall
be set not closer than 100 feet from any existing buildings on the
premises, and, if located elsewhere than on the property line shall
be level with the surface of the ground and provided with a water-
tight cover.
b) In consideration of the fact that a sewer service
connection charge has previously been paid with respect to connec-
tion of the existing dwellinghouse to the City' s sewer line on
Burnham Street, the existing single-family dwellinghouse on
grantors' premises may at any time be connected to the City' s sewer
line within the perpetual easement area above described without
liability for payment of an additional sewer connection fee.
c) The existing fences within the easement areas shall
be re-established at the conclusion of the work to a condition
equal to that pre-existing, and during construction the said fences
shall be temporarily re-established at the close of each work day
- __to...enhble_.the..pa.sture.._of_grantors; animals, .du off-work periods
and grantors agree to restrict such animals to corral or born slur-
ing working hours on not to exceed three (3) working days during
the period of construction.
BQOK 516 PAGE 282
E
err►
11240
The temporary easement shall cease when said sewer work is
completed, and not later than November 1, 1964, and shall there-
after be of no further force or effect.
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 workmmtnlike condition.
The grantors, their heirs and assigns, shall have the right
to the reasonable use of said perpetual easement area for any and
all purposes which do not interfere with or adversely affect the
use thereof by the City for the purposes above described. The City
agrees that in connection with its use of the perpetual easement
area and its right to inspect, repair, maintain, or replace said
sewer line, the City will leave the premises in a neat and work-
manlike condition and as nearly in the pre-existing state as prac-
ticable.
The grantors do hereby warrant that they are owners in fee
simple and have the right to grant the above described easements.
Witness our hands and seals this day of June ,
1964.
t€ SEAL �' �j�r .i` 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 , 1964.
Mortgagee
By
Title
STATS 4F OREGON, }
as.
County of Washington ,
On this day of June , 1964, personally
appeared the above named
JAMS R. HORD alad
and acknowledged the foregoing instrument to Be ter voluntary act
and deed.
Before me:
' `� ,. 'j,`f •.? 'may' L r,'viy.v �.( . / �k"(-f. j, : Lc*L
` —..NoUry Public for 0 egan .
My commission expires: ,X° �� '7 .' C
4 it
�oo� 51.E PAGE 283
FORM NO. 23 - ACKNOWLEDGMENT
STATE OF OREGON, STEVENS-NESS LAW PUB.CO..PORTLAND,ORE.
Marion ss.
County of--------- -------------•-----------------
I
BE IT REMEMBERED, That on this----.............................day Of---------..June------------------- .................119---64
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
named _ELDRED---CASTER.. fid..----PAULINE CASTER I
------------------_------------------------------------__-----------------------------...hlsband---and
w1fe-------------------------------------------- -------------------------------------------------------------------------------------------------------------------- ---------------------
-------------- --- 4-----------------------------.......-------------------------- .........-------------------------------- --------------------------------- -------------------
known,to, To tcz -be the identical individual-S___ described in and who executed the within instrument and
to iiO that- t:he_y___-------executed the same freelyd I I '
a 00
IN TESTIMONY WHEREOF, IvhaU7 I Y
e Into set my hand nd affixed
a'
and na
Ove
year to
y pfficia) sea] t a "Od year last above tten.
-------------------------------
---------------- .............. .... .. ----------------
N a Pu j�j I
tary Publi 1 0 $,on.
BOOK 5 6 P,�,-E 284 My Commission expires------- ---------------- --------------------
142404.
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STATE OF ORECzQN 11 99r
ss
County of Washington 17
' of Records onveyances and
.• : I, .Roger Tomsen Director
Electigns and Ex-Offihscio Recdrder off C
for.said county, do hereby=certify that the within
instru ays'received and recorded
in the'Rentecoofrds of writing""w '��`� I
of said County.
i
eal
Witness my hand and ROGERaffixed. SSENDepu, Director
------------ -- -
ty
JUN 29 312 PM '6'�
PRfDE IC A. ANDER50P }
trlr Ar LAV?
' ; P.,O. Box b/B
I
September 24, 1964
Stevens & Thompson
P.O. Box 4771
Portland, Oregon, 97202
Attentions Mr. G. R. Meigs
Dear Sirs
As per telephone conversation with you on the 23rd with
regard to complaints, especially Mrs. Hord, on putting back
fence and tile and water pipe according to easements
[I As you stated you would have your Resident ingineer, Mr.
Ferguson, contact Mrs. Hord to determine exactly what she
wants done that has not already been done.
It is certain that we do not want our engineer to accept
D this project until all claims are processed according to
easements and that the approval by the Mayor and the
Attorney must be necessary.
Very truly yours,
CITY OP TIGARD
PAYOP
RVS s dh
cc/ Attorney P. A. Anderson
ABSTRACTS PACIFIC TITLE INSURANCE CO.
TITLE INSURANCE PACIFIC TITLE INSURANCE CO. ORDER NO. 311309
ESCROWS 11472 S. W. CANYON ROAD
MAILING ADDRESS:
P. 0. Box 151 -BEAVERTON, OREGON
CUSTOMER NO.
Frederick A. Anderson, Atty at Law? 6_2964
DATE ORDERED
12035 S . W. Pacific Highway
Tigard, Oregon SELLER James Hord Er
Eldred Caster
ATTN. PURCHASER
INVOICE DATE 6-30-64
EASEMENT REPORT ONLY
PURCHASER'S OWNER'S MORTGAGEE'S
CHARGES AMOUNT
S S S S
PROPERTY DESCRIPTION: TITLE INSURANCE
INCREASE OF INSURANCE
Tax Lot 100 SW4 NE* Sec 2 2S1
Report 25.00
MORTGAGEE'S POLICY
REPORT TO
CASH ADVANCED:
RECORDINGS:
DEEDS
MORTGAGES
COPIES TO
CONTRACTS
Easement 4.50
ASSIGNMENTS
SATISFACTIONS
DELIVER POLICY TO
REVENUE STAMPS
TAXES
LI ENS
TOTAL 29. 50
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ROCEP T?.1t3M "3N. Count Clerk
24" Sanitary Sewer Easement City of Tigard
James H. Hord & Betty M. Hord
BOOK 518 MU : e'a 64- 18
STEVENSft THQPSON, INC. emkagf "-'7' e“ PORTLAND — SEATTLE
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MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE
S.W. CLACKAMAS COUNTY OFFICE
PHONE • 222 G31
315 S.W. FOURTH AVENUE
11472 CANYON ROAD • BEAVERTON, OREGON OLIVE 6-2651
918 MAIN STREET
PORTLAND,OREGON TELEPHONE MITCHELL 4-1194 OREGON CITY, OREGON
HILLSBORO MIDWAY 8-44388
Frederick A . Anderson, Attorney at Law Order No. 311309
12035 S. W. Pacific Highway June 30, 1964
Tigard, Oregon
Re: Hord
Dear Sir:
We are prepared to issue our certificate covering:
Property as described in easement recorded June 29 , 1964, in Deed Book
516, Page 281 ,
showing title on June 29 , 1964 at 3: 12 o'clock P.M. vested in: (
--'
JAMES R . HORD and BETTY M. HORD v'''' / Vi., 1- ' ' '
an estate in fee simple ; { 1.
as tenants by the entirety `'LL.,; 1'
v. q (i,,e),L1
subject to the usual printed exceptions , and
1 . 1962-63 taxes, $243. 21 of which $ 122. 00 has been paid, balance of
$121 . 21 , plus interest , unpaid. ( 2S1 2AC 100 23- 24)
2. 1963-64 taxes , $249. b3, plus interest , unpaid . ( 2S1 2AC 100 23-24)
3. Tigard City Liens, if any .
4. Mortgage, including the terms and provisions thereof, given by James
R . Hord and Betty M. Hord, husband and wife, to Eldred Caster, as guardian
of the Estate of Carmen A . Caster , an incompetent person, dated March 26,
1957, recorded March 29, 1957, in Mortgage Book 359, Page 251 , to secure
the payment of $10,000 .00 .
5. Rights of public in and to that part of the herein described premises
lying within the boundaries of roads and highways .
6. Judgment in the Circuit Court of the State of Oregon for Washington
County entered April 28 , 1964, State of Oregon vs James R . Hord and Bette
V
M. Hord, Judgment Docket 10, Page 126, Judgment for $52.00 plus interest.
'MCIFIC TITLE INSURANCE CC 3 1 1 '3 0-1
• WASH. CO.
SUB-DIV. At. C.-
SEC.
_SEC. Z 2 - 1111.)
THE SKETCH BELOW IS MADE SOLELY FOR THE PURPOSE OF ASSISTING
IN LOCATING SAID PREMISES AND THE COMPANY ASSUMES NO LIABILITY
FOR VARIATIONS, IFANY, IN DIMENSIONS AND LOCATIONS ASCERTAINED
BY ACTUAL SURVEY.
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Frederick A.Anderson 2 Order No. 311 309
7. Easements and right of way , including the terms and provisions thereof,
granted to City of Tigard, recorded June 29, 1964, in Deed Book 516, Page
281 .
Yours very truly,
PACIFIC TITLE INSUR, NCE CO.
Washinoton County Branch
-
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JP:mcs James A. Parker