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4706 ~ Beaverton-Tigard Highway r moo Number: 4 70 6 Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (I) DONALD B. MCCORMICK and FRED _ R. FISHER., Trustees hereinafter termed grantor(s), in consideration of the sum of $ 1.00 to 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, together 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, recon- structing, 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 20 feet on each side, when measured at right angles, of the following described center line within the following designated premises: A twenty (20.0) foot wide strip of land in Section 1, Township 2- South, Range 1 West, Willamette Meridian, Wash- ington-County, Dtegon;-in-'parcel II of the land conveyed to Donald B. McCormick and Fred R. Fisher, Trustees, as des- cribed in Book 601, page 96, Deed Records of said Washington County, the centerline of which strip is described in two parcels as follows: PARCEL A: Beginning at the southeasterly corner of said ParcelII; thence along the southerly line of said Parcel II N 83° 0' W to a line parallel to and southwesterly ten (10.0) feet, as measured at right angles, from the southwesterly right-of-way line of the Beaverton-Tigard Highway_, said point being the true point of beginning of this description; thence from said true point of beginning along said parallel line N 33° 30' W 110 feet to a point; PARCEL B: Beginning at a point in the centerline of S.W. 79th Avenue distant northerly along said centerline fifteen (15.0) feet from the southerly terminus of said S.W. 79th Avenue; thence S 50° W to the northeasterly right-of-way line of the Beaverton-Tigard Highway, RCIVD AUG 191966 CITY OF TIGARD 4.--Temperer?easement: Vigaisocattocaxxammarocatitxxiainacnoegaufixtetxogimorionammonconesmanax ItxxxonincovatolittlwardexclettizerxxatbacioxXxxXlatxteseicitx memamcbouLtmadic BOOK 611 PAGE 96 vtt NINO 4706 2. Temporary easement: Together with the temporary right of ingress, egress and regress and use for construction purposes of the following des- cribed lands during the construction period, upon completion of which the City will issue a written release excepting and reserving, how- ever to grantors, the unencumbered enjoyment, use and preservation of all structures which may be present on the premises: The northerly fifty (50.0) feet of that parcel of land in Section 36, Township 1 South, Range I West, Willamette Meridian, Washington County, Oregon, conveyed to Donald B. McCormick and Fred R. Fisher, Trustees, described as Parcel I in Book 601, Page 96, Deed Records of said Washington County. 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 work manlike 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 work manlike 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 -!'f day of__-_ , C , 19 66 12. •I/ t` Y Yv�c_c' L- (SEAL) — -- -- (SEAL)it (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, " :h: .+ 1 ) ss. County of / ) On this_— day of C. L G%✓ —, 19—�?�2_— personally appeared the above named DONALD_B. McCORMICK and FRED R. FTS R and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: , 444L- Notary Public for Oregon My Commission expires:49 7 Hied for record /0 .. BOOK 611 PAGE 97 ROGER THOMTSSEN, Director of Records & Elections By //.'. Deputy 4706 • STATE OF OREGON oeke.-42Y ss Cou of Washington I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within instrument of writing was received and recorded in book in the Records of of said CbtuitY: Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy liiig s6 AN '66 • • • sa»o r uo.ouuu//-attlR9 sr -• • �, eeena, ', „ �,.i0,,.;; r �_ -011103a �3S ad�iI ► ,, e� 8Ot}1D1S ���1S \ \ /,,, .. .,,,,,,,,• T.:,-.: ,,,,, I 7 j .,, . .., 4.),,-1 p '....• ° A .t�s,Dy — GARDEN PLACE / t e`9r' ?gyp 0` '' \ dpo 9 Y i q e al " A •r /1 (1. ,a •, ''',,,,,,e z..,- / .1,k .r,„ • • ••1,-...-. . ea p / ," • p • V ;If \--.----------..... . ' _....r.,... ... . ,.. .',I 7.—-, .,_ .._ ._I:: ___-------,4 : ::-..6 tl." 7 � 't , ' : . ' tf — / : ' 1. ' . c'' ".\\;\\\ v a4 u> r�: e% 14 a A4 �Iice'-- , s •I44-1` -.` w• I / / ;'i: 414 :k.,-. /lj; o� c :at: • r� Y aP y� �: / ., o \ Po.�e `ate.\ P �9rh t a R /pI,;h /00f .l ./' T °"aa / �� • / q pus �' / ' `4. tt, add" p i / Q`C r. c ,y */ C. 9 '0-Ir. :s• gra / gym;; f I r 1p 1fft la' rya�,i - / •. *`Dory rS / r / S O = • V Together with the temporary right of ingress, egress and regress and use for construction purposes of the following des- cribed lands during the construction period, upon completion of which the City will issue a written release excepting and reserving, how- ever to grantors, the unencumbered enjoyment, use and preservation of all structures which may be present on the premises: The northerly fifty (50.0) feet of that parcel of land in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, conveyed to Donald B. McCormick and Fred R. Fisher, Trustees, described as Parcel I in Book 601, Page 96, Deed Records of said Washington County. 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 work manlike 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 work manlike 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 ---. , f. day of__` / " , 19 66 .i r i 1�3-, 16. y/ c_ �y,...c = t'—(SEAL) -- (SEAL) - - /- ;-'�-" f C.___� (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, ) t ) ss. '4 County of 6zs�ia� ': ) f On this__. 7 t day of (-14111a.4/ —, 19_66 , personally appeared the above named DONALD B. McCORMICK and FRED R. FISHER and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: ��i� A c'� ,—,--- , • 412-12—Notary Public for Oregon My Commission expires:0�a -` '` '� 2 Zi l�/6 7 .sem • Hied for record �0 w.6 A1 ' 19 ...at -PM. 611 PAGE 97 ROGER THObISSEN, Director of Records & Elections By 27 Deputy August 8, 1966 City Recorder, Tigard, Oregon Dear Monnie: Herewith the following easement deeds obtained from the grantors to the City of Tigard, which should be recorded in the Deed Records of Washington County at your earliestconvenience. Each of these documents will require a fee in the sum of $3.00 to accompany same: 1. McCormick and Macy to the City 2. McCormick and Fisher to the City. As I previously suggested, all real estate documents,once recorded and returned, should be main- tained in a central permanent file for ready future reference, as questions will recurrently arise over the years concerning the rights of the City with respect to these matters. Sincerely, Fred. A. Anderson. FAA:jk Enclosures McCORMICK & REYNOLDS ATT ATTORNEYS AT LAW DONALD B.MCCORMICK STANDARD PLAZA TELEPHONE JOHN F.REYNOLDS 226-7986 PORTLAND,OREGON 97204 August 4, 1966 Mr. Frederick A. Anderson Attorney at Law P. 0. Box 23006 Tigard, Oregon Dear Fred: We enclose executed Easements relating to the Beaverton-Tigard highway sewer relocation, from the Investors and Lakeside ventures. Sincerely, DONALD B. McCORMICK DBM/ek Encl. July 22, 1966 Mr. Donald B. McCormick Attorney at Law Standard Plaza Building Portland, Oregon Re: Beaverton-Tigard Highway Sewer Relocation Dear Mr. McCormick: The within instruments are submitted to you at the suggestion of Stevens and Thompson who have indicated your willingness to grant these easements. Inasmuch as the need for these easements is imminent, I would appreciate it if you would execute and return same to me at your earliest convenience. If there is any question in this connection, would you please give me a call on the telephone. Very truly yours, Fred. A. Anderson FAA:lm Idclosure Stevens, Thompson, Runyan (Si Ries, Inc. Engineers/Planners PORTLAND. OREGON SEATTLE, WASHINGTON 63- P-220-4 July 18, 1966 Mr. Fred A. Anderson Attorney at Law P. O. Box 23006 Tigard, Oregon Re: Beaverton- Tigard Highway Dear Mr. Anderson: Enclosed is a legal description of a temporary construction ease- ment needed for construction of sanitary sewers on the subject project. We have discussed this easement with Mr. McCormick and there should be no problem obtaining this easement. Would you please prepare this easement as soon as possible, as this project is presently under construction and this easement will be needed in the next few days. Also would you notify us when the docu- ments have been prepared and we will obtain the necessary signatures. Very truly yours, STEVENS, THOMPSON, RUNYAN & RIES, INC. ic< ,(1)2(z,r._ By: Gilbert R. Meigs Senior Associate GRM:lp Encls. cc - City of Tigard REPLY TO: 5505 S.E.MILWAUKIE AVE. - POST OFFICE BOX 02201 - PORTLAND. OREGON 97202 • PHONE (503) 234-0721 A Temporary Construction Easement The northerly fifty (50. 0) feet of that parcel of land in Section 36, T1S, R1W, W. M. , Washington County, Oregon, conveyed to Donald B. McCormick and Fred R. Fisher, Trustees, described as Parcel I, in Book 601, Page 96, Deed Records of said Washington County. E • Stevens, Thompson, Runyani& Ries, Inc. Engineers/Planners PORTLAND. OREGON SEATTLE. WASHINGTON 63-P-220-4 June 27, 1966 Mr. Fred A. Anderson Attorney at Law P. O. Box 23006 Tigard, Oregon Re: Beaverton-Tigard Highway Sewer Relocation Dear Mr. Anderson: Enclosed are legal descriptions of two permanent easements for sanitary sewers needed for the subject construction. The City has been informed by Mr. McCormick that there should be no problem with this right-of-way. We do not believe that construction ease- ments will be necessary. Very truly yours, STEVENS, THOMPSON, RUNYAN & RIES, INC. By: filbert R. Meigs Senior Associate GRM:lp Encls. cc - City of Tigard REPLY TO: 5505 S.E.MILWAUKIE AVE. - POST OFFICE BOX 02201 - PORTLAND, OREGON 97202 - PHONE (503) 234-0721 Sewer Easement Donald B. McCormick and William J. Macy, Trustees B421, P746 & 751 The easterly thirty (30. 0) feet plus the easterly fifty (50. 0) feet of the northerly twenty (20. 0) feet of that parcel of land in Section 1, T2S, R1 W, W. M. , Washington County, Oregon conveyed to Donald B. McCormick and William J. Macy, Trustees, described as a whole in two deeds recorded in Book 421, Pages 746 and 751, Deed Records of said Washington County. Sewer Easement Donald B. McCormick and Fred R. Fisher, Trustees B601 P96 A twenty (20. 0) foot wide strip of land in Section 1, T2S, R1 W, W. M. , Washington County, Oregon, in parcel II of the land conveyed to Donald B. McCormick and Fred R. Fisher, Trustees, as described in Book 601, Page 96, Deed Records of said Washington County, the centerline of which strip is described in two parcels as follows: Parcel A: Beginning at the southeasterly corner of said Parcel II; thence along the southerly line of said Parcel II N83°0'W to a line parallel to and southwesterly ten (10. 0) feet, as measured at right angles, from the south- westerly right-of-way line of the Beaverton-Tigard Highway, said point being the true point of beginning of this description; thence from said true point of beginning along said parallel line N33°30'W 110 feet to a point. Parcel B: Beginning at a. point in the centerline of S. W. 79th Avenue distant northerly along said centerline fifteen (15. 0) feet from the southerly terminus of said S. W. 79th Avenue; thence S50°W to the northeasterly right-of-way line of the Beaverton-Tigard Highway. McCORMICK & REYNOLDS ATTORNEYS AT LAW DONALD B.MCCORMICK STANDARD PLAZA TELEPHONE JOHN F.REYNOLDS 226-7986 PORTLAND,OREGON 97204 June 14, 1966 City of Tigard 12420 S. W. Main Street Tigard, Oregon Attention: Mr. Robert K. Logan Gentlemen: The Lakeside Development Co. and the Investors Fund of America, respective owners of the two tracts involved and described in Mr. Logan' s letter of June 10, 1966, and Stevens and Thompson' s highway print of the same date, will be happy to grant the sewage easements you desire . We suggest that the sewage line on Wall Street be placed on the side of the street opposite Overmeyers where it would appear that installation and servicing would be less expensive. Sincerely, (Jf 4 cro-y,_e-r DONALD B. McCORMICK DBM/hp f f \J ;n, June 10, 1966 Mr. Donald McCormick 601 Standard Plaza Portland, Oregon Dear Mr. McCormick: This letter is in response to our telephone c versatioo concerning easements for the construction of ere on property in the vicinity of the new Tigard-Be -rton Expressway. As I mentioned on the telephon- •ur p ► .•sed imp • nt calls for the construction o : 15" s : = line from Hunziker Road, to approxima 4 79th , ;nue. The cons struction has been necessita - • by y construction of a new freeway which severs the sewer line on Highway 99W. It is felt by rer” ting the s , r lib - to Hunziker Road that it will be „ •- e beneficia to the development of Tigard. In ordc tr - this • eject an easement through yourrty is nece - It is proposed that the saa = ould fo the path of the existing 20' road- way, •o under the seway and tie into the Hunziker prop- ty easement. The Ci - .f Ti. - - 's policy on acquisition of easements is to pa - lineal foot. This improvement will be beneficial to your property in that it will provide sewer service, although a type of lieu assessment will probably be required at connection time. • Mr. Donald McCormick Page 2 June 10, 1966 It is therefore requested that an easement be given to the City for the purpose of constructing a sewer. I will attempt to have a copy of this proposed construction plans dropped at your office sometime Monday. Sincerely, CITY OF TIGARD Robert K. Logan City Admini tor rklidh (1) k / . ,.., , •........ '.4 „ / ./ ...,X ../ • ?",k, .: z"z - _ /....—,z.z„,. ...,..--.‘z• ',V,F..! Z N. 0 ' . /.>: .... t1,-qr:tQr;,i••i j)•',1 /i//l',Nf-7,(.•,..,.-):,.),I. 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' , • / \ /1\• -4 ''..---- -\--X--- 1 / k 1 ' ( / I ' ' -....54, •cf,..) ---1 . ._ Di., 4 (.0 •.: \ / /)- / .__. -...) Q \. , / ....,i • .... r\ -:. ---- -1-- 0 (f) -:. • Lr' .---• ‘,... / 0 -\... ...... ••%. r‘T_ , , , o , LQ kJ -> - -....... K- -.... .....: C ',TY OF T1GAPD BEAU .R*TON,1 - 7 1GAR 0 I-1 I G RV/A'--, SAN i 7A V-'< --r- SE_WE 'i--2 PLAN scALE: I" . Stevera.s, `Thompsont, H'untyan. &. Ries, Lac. lor--,)‘ Sfrr DWG 3 - PG - 220-4 - laos• \R R Engineers/Planners PORTLAND. OREGON SEATTLE. WASHINGTON