4456 ~ Beaverton-Tigard Highway FREDERICK A. ANDERSON
ATTORNEY AT LAW
TIGARD PROFESSIONAL CENTER
8865 S. W. CENTER STREET
P. O. BOX 23006. TIGARD. OREGON 97223 y - -- - .
639-1121 AUG 1 3 1967
August 16 , 1967
To: City Administrator
Tigard , Oregon
Subject: Easements on School Dist . #23 - sewer line
Herewith recorded easements from Edward C . Hunziker , et
ux, Louis Christen, et ux and McCormick and Macy, Trustees to
the City of Tigard for sewer right-of-way, together with invoice
for recording charges which I advanced on these easements .
I do not wish to be presumptive , but it is my thought that
you may wish to establish a real property section in the City's
files wherein all title documents , easements and otherwise where-
by the City has become the owner of rights or interest in land,
would be placed in a permanent file , preferably the safe.
I believe that this would be better, perhaps , than including
the papers in the project file , which may be , in later years ,
transferred to obsolete status . All documents concerning real
\ / property interests should be maintained in a readily available
place , suitably indexed, so that ready reference can be had at
\, any time in the future .
Your attention is invited to the fact that the City has
not paid the consideration for these easements and I strongly
recommend that action be taken immediately to arrange for the
payment of the consideration as expressed in each of the easements ,
which, as you know, is ultimately to be charged to the School
District.
Yours very truly,
sr
(: .?-271e— L-i
Fred. A. Anderson
FAA: lm
Enclosure
t err`
5 V Number: 1 (SSL 67-1)
Deed Reference: F 601, F 96
KNOW ALL MEN BY THESE PRESENTS: That we (I) Donald . YcCcrmick and ;William J. _
Macy, 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 .__
fleet eiraidee,-wherrmEaslr 4 ight-angtes,-af-the-ft:lowing descricbed-eentertine-within the
following designated premises:
triangular parcel of land bounded on the east by the most easterly
line of that property described in Deed Book 427, page 232 of the records
of 'ashington County; on the north by 35 feet, more or less, of the
southerly boundary of that portion of a public road whose centerline
bearing is S47°52 1/2''=., said public road being that road deeded to the
public and the City of Tigard and described in Deed Book 557, Page 9 of
the records of ^asnington County; and on the west by the Beaverton-Tigard
Highway.
(length of sewer centerline 42 feet, more or less)
2. Temporary easement:
Together with the- poeaey-rigl -o€-ingress; egress--and--regress;arid-use-for sewer-construe-
.
t•:• :. .. , : :::• •:-: :"__ds- __`�-p-allel--to;-along both sides-and.within _feet,
who.--measured-at--right..--angles,.4)1.the.-above--dere area;-excepting-and
reserving- te- granters•--•the--uaeneurnbered enjoy-meat, use and-preservation of all structures
present -upon-* ---premises:--_This_temporary- easement shall-terminate--upon completion of the
sewer---eonstruetion--work; at which time-, upon request of the owner, the City will issue a
written release-thereof.
11 DK 653 (PAGE 600
lir wow 4.00
4456
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— 10th day of July 13 67
ronald B. McCormick
—. —(SEA"L) ��.� SEAL)
William J. Macy (SEAL)
( AL)
— (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,
Multnomah ) ss.
County of )
On this_ 10th day of July_ _ 19 67 , personally appeared the above named
Donald B. McCormick and William J. Macy
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public fo regon
r My Commission expires:_—Nov. 3, 1969
yA.M.
d Aecoled for record0MSSEN19.V.7.at :
®9.4 65 n{ PA ROGER Ti3 , zector of rda 8c Elections
wWW CJ 60�
Filed
y�/ `
By 71 " NNW Deputy
. �VVV
r
Ater recording
return to:
i1 EDERdCK A ,•^,?,';_ „Or'
ATTOR?•:tE'Y 'T
8865 5. V'.
TIG4RD. CCEGcN 97223
639-4121 P. 0 iloX 23006..
ST440OF OREGON )C
4/Amity of Washington [ ss
I, Roger.Thofltssen, Director of Records and
Elections and Ex-Officio*'Eecoider-of Conveyances
for said county, do hereby-certify that the within
instrument of writing was received and recorded
in book G -4:8
in the Records of '
of said County. _..
Witness my hand and seal;a/fixed.
' ROGE HOMSSEN, Director
• 0K�-Lrf..
Deputy
f 9: ac 791 �G