4455 ~ Beaverton-Tigard Highway 4455
Number: 3 (5S1-67-1)
Deed Reference: B . 165 , ' .35 , le S
B.421 ,l' . 746 and
KNOW ALL MEN BY THESE PRESENTS: That we B _ 5�'' 414
EDWARD C. HUNZIKER and BABETTE HUNZIKER, husband and wife____
hereinafter termed grantor(s), in consideration of the sum of $ .337- 50 G 16 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:
I. 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
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A strip of land 15 feet in width Northeasterly of, parallel
to, along and within 15 feet of the Nor::Jcasterly boundary
of the Beaverton-Tigard Highway right of way, extending
from the Northerly line to the Easterly line of that certain
property of the grantors as described in Deed Book 165 , page
35 , Deed Records of Washington County, Oregon.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress, and use for sewer construe-
and along the Northeasterly side
tion purposes, of additional lands lying parallel.to,kiettg=iversides and within_ f i VP feet,
when measured at right angles, of the above described perpetual easement area, excepting and
reserving to grantors the unencumbered enjoy ment, use and preservation of all structures
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.
BOOK 653 PAGE 598
445
SPECIAL CONDITIONS :
1 . The grantee shall cause to have two trees within the easement
area cut and the useable portions thereof removed to the remainder
lands of the grantor for grantor's use .
2 . Grantee shall cause to have the trench refilled, compacted and
leveled at the time of completion of sewer construction and
shall further again refill the same after settling thereof
with the intent that the ground surface shall be substantially
restored to its pre-existing condition.
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-26 day of_ July , 19__67
- - -- -(SEAL) - /- / C --!Ll% L- 'EAL)
Edward C . Hunziker
— — —(SEAL) - - 11d% T-6<-4-1-1--1-114 (SEAL)
abette Hunziker d
- -- -(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,
) ss.
County of t'J.S h n• 'On , )
On this_26-__--day of _ , personally appeared the above named
Edward C . Hunzikar .and Rahettr. Hunziker
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before-me:
Notary Public for Oregon
My Commission expires:— 2/7/68
aGA.rrl. ,
Filed foiecozd....... . .......
ROGER TBOMSSEN. ,.Dizoctoz f/Recozda & Election.
BOOK 653 PAGE 599 a z . .
/y .Deputy
Y
After recording return to:
,-
P Q sox
,306
STATE OF OREGON
C /Zte, of Washington ss
Noe
4 �Q I, Roger Thomssen, Directdr, of Records and
`� Elections and Ex-Officio Recorber- of Conveyances
for said county, do hereby cert"],fy that the within
instrument of writing was recei?ed and recorded
in book a +�
in the Records of °
of said County.
Witness my hand and seal affixed.
ROGE THOMSSEN, Director
Deputy
L z 7M (7
I
`5
FREDERICK A. ANDERSON
ATTORNEY AT LAW
TIGARD PROFESSIONAL CENTER
8865 S. W. CENTER STREET
P. O. BOX 23006. TIGARD, OREGON 97223 --
639-1121 AUG 18 1967
August 16 , 196 ---- ,
7
/0„
_______________
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-
Cb 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,
(: .?-2.-e....,e1-.4 _
Fred. A. Anderson
FAA: lm
Enclosure