10355 ~ Burnham Street FREDERICK A. ANDERSON
{�
w� }��yr ATTORNEY AT LAW
10 3 t./ V P.S0. BOX 6406, TIGARD HIGHWAY35 S. W. PACIFIC OREGON
MERCURY 9-1121
May 200 1964
Mr. Luis (tern
Attorney at Law
1002 Oregon Bank Building
Portland, Oregon 97204
Roo. Lee and Yoke Sim Lee Basement
Dear Mr. Morn;
In accordance with your letter of May 180 1964
referenced as above, I have prepared and enclose proposed
Basement Deed from all owners at interest as grantors to the
City of Tigard with respect to perpetual and teWorary ease-
ment rights as described in my letter of May 15 to they owners.
In accordance with the conditions contained in
your letter, it is understood and binding upon the City of
Tigard that any ir-Agation pipes intersected by the sewer line
shall be re-established as necessary. if dititurbod to the
pr ex sting condition ready for use, and there ;?all be in-
stal leed in the sever Unee connection T's or Y's as indicated
in the circled area on the plat which accompanied your letter,
sufficient in number (not less than two (2) nor more than
four (4) , as may be necessary to efficiently and effectively
permit sewer connections to serve the lands of your clients
lying an berth aides of the sewer line easement -- these T's
and Y's, of course, to be installed at the expense of the City.
It must be understood, however„ that your clients
will pay the usual connection charges in effect at the time
that any service lines are connected to the T's or Y's and all
coasts of a service line required to reach the T's or Y�S.
I meld appreciate it if you would have the within
Deed signed by the Mooteers and Lees and return to me at your
early convadonce, and upon acceptance of the Deed and verifi-
cation of title, the consideration of $543.00 will be promptly
paid.
Very truly you.:s,
Fred. A. Anderson
FAM c
RnnK 515 PUT 252
14W
1035 5 Deed Reference: Bk. 225 p. 147
KNOW ALL MEN BY THESE PRESENTS: That DANIEL F. MOOTER
and VERNA J. MOOTER, husband and wife, and HOWE LEE and YOKE
SIM LEE, husband and wife, hereinafter
termed grantor, in consideration of the sum of $ 543.00 , 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:
i4.n unencumbered, perpetual easement 10 feet in width for
the purpose of constructing, operating, maintaining and
repairing of an underground sewer line and three man-
holes, together with the right to remove as necessary,
vegetation, foliage, trees and other obstructions 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 centerlines described as TRACT I and
TRACT III:
In Tax Lot 200 SW1/4 NEI/4 Sec.2 T2S R1W,WM 25-1-2AC:
TRACT I: Beginning at a point on the Northeasterly line of that
tract of land described in Look 225 page 147 Deed Records
of Washington County, Oregon, said point being 5 feet on
a bearing of S 45°46' E from the most northerly corner of
said property; thence S 63°54' W 317. 5 feet parallel to
and 5 feet from the northwesterly line of said property
j to a point, said ?oint also being 5 feet more or less on
f a bearing of S 44 38' E from the northwesterly property
line of said described property.
TRACT III: Beginning at a point on the northwesterly line of that
tract of land described in Book 225 page 147 Deed Records
of Washington County Oregon, said point being 317.5 feet
on a bearing of S 6354' W from the most northerly corner
of said described property; thence S 44°38' E 401. 6 feet
to a point on the southeasterly line of said described
f property, said point being 307.0 feet on a bearing of
S 45°14' W from the most easterly corner of said described
property.
f 2. Temporary Easement:
71ACT II: Together with the temporary right of ingress, egress and
regress, and use for construction purposes, of additional
t land lying parallel to, along and within 15 feet, when
measured at right angles, of the Southeasterly line of
TRACT I above described, to expire not later than Novem-
ber 1, 1964, excepting and reserving to owners the
unimpaired enjoyment, use and preservation of all struc-
tures and fruit trees, if any.
TRACT IV: 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 III above
descred, excepting and reserving to owners the unim-
paired-enjoyment, use and preservation of all structures
and fruit trees, if any.
BOOK 515 encF249
10355 °The temporrary easement shall cease when said sewer work is
completed, and not later than. November 1 , 1964, and shall there-
after be of no further farce 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 workmanlike 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 q day of ,
1964.
(SEAL) (SEAL.)
(SEAT.) � �r� � (SEAL)
(SEAT.) 7 (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 , 1.964.
ortgagee
Ey
S'TA'TE OF OREGON, )
f ) ss.
County of . { , )
on this day of � , 1964, personally
appeared the wave namilHOWL an ° YiKE SIM EE
-ifi-d ac now Rged the orego ng natrument to Be ter 'Voluntary art
and deed.
Before me:
,, otary c tor Oregon
. i
My commission, expires:
- � -/
'' BOOK 515 P,�f 250
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County oUB.CO_ PORTLAND.ORE.
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before me, the undersigned, a Notary Public in and for said County anjtiate, personally appeared the within
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$t' & 24" Sanitary Sewer Easement City of Tigard
64-17a
Daniel F. Mooter & Verna J. Mooter BOOK 515 PAGE 253 64-17
PORTLAND - SEATTLE
Aw
FREDERICK A. ANDERSON
ATTORNEY AT LAW
12035 S. W. PACIFIC HIGHWAY rr��}
P. O. BOX 6406, TIGARD, OREGON 97223
MERCURY 9-1121
August 24, 1964
Mr. Louis Stern
Attorney at Law
1002 Oregon Bank Building
Portland, Oregon
Re: Lee easement to city of Tigard
Dear Mr. Stern:
This will acknowledge your letter of August 14
concerning the installation of outlets in the c .ty of
Tigard sewer line within your client's property, and
the matter of replacing irrigation pipe and fences.
This matter was brought to the attention of the
city council at its meeting of August 17, and it is my
understanding that the contractor was instructed to
restore the irrigation pipe and fences. I would appre-
ciate it if you would let me know if there is any
further dissatisfaction in this connection from your
Dclient,
With reapect to the sewer ;butlets it is my
understandin that the east of installing the T into
main seweri1 nes or interceptors to service adjoining
properties is not borne in any case by the sewer
patron, but rather by the city, and if the Ts in the
line are not now suitably located either in number or
position, it is my understanding that this will not
result in any additional cost to your client at any
future time that he may desire any additional hook-
ups.
Yours very truly,
F A. An rson
FAA:dw
cc: City of Tigard
Attentiont Mayor Woodard
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Vjr' rA
OREGON'S."
OLDEST
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TITLE CO.
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MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE
315 S.W. FOURTH AVENUE 11472 S.W.CANYON ROAD . BEAVERTON, OREGON 918 MAIN STREET
PHONE • 222-9931 OLIVE 6.2651
PORTLAND,OREGON TELEPHONE MITCHELL 4-1194 OREGON CITY, OREGON
HILLSBORO MIDWAY 8-4438
Frederick Anderson, Attorney Order No. 3048/3
12035 S . W. Pacific Highway June 18, 1964
Tigard, Oregon
Re:tlooter/Lee
Dear Sir :
We are prepared to issue our certificate covering:
Property as described in easement recorded June 15, 1964" in Deed Book
515, Wage 249,
showing title on June 10, 1964 at 5:00 o' clock P .H. vested in-.
r+.
DANIEL F. HOOTER and VERNA J . HOOTER
an estate in fee simple
as tenants by the entirety �
y
subject to the usual printed exceptions , and
1 . Rights of ;public in and to that part of the herein described premises
lying within the boundaries of roads and highways .
2. Interest of Howe Lee and Yoke Sim Lee, husband and wife, as purchasers
under contract, including the terms and provisions thereof, executed by
Daniel F. Mooter and Verna J . ihooter , husband and wife, dated avlarch 12,
1960, recorded Hprch 15, 1960, in Deed Book 423, rade 333, and also
recorded April 11 , 1960, in meed Book 429, Page 349.
3. dight of way and easements, including the terms and provisions thereof,
granted to City of Ti hard, recorded June 15, 1964, in Cieed 3ook 515, P;nge
249.
Note: 1963-64 taxes, $357. /3, paid. (2S1 2AC 2C. 23-24)
k4e find no judgments of record against Howe Lee and Yoke Sim Lee.
Yours very truly,
PACIFIC TITLE L1N,1('- R1ANC CO.
Washington Coura
Jt :mcs Dames A . Par er
,,rACIFIC TITLE INSURANCE G
WASH. CO.
• SUB-DIV.
SFC. ;) ,5
THE SKETCH BELOW IS MAO E SOLELY FOR THE PURPOSE OF ASSISTING
IN LOCATING SAID PREMISES AND THE COMPANY ASSUMES NO LIABILITY
FOR VARIATIONS$ IFANY, IN DIMENSIONS AND LOCATIONS ASCERTAINED
BY ACTUAL SURVEY.
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STATE OF OREGON:., v'T
County of Washington ss �A j
Y�I
T, Roger Thomssen, Direct6r 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 ecorded
in book —-- _—.--in the Records of
of said County. '
Witness my hand and seal affixed.
ROGER THIO SSEN, Director
-- -- —----- Deputy
15 3 tis IN" 64