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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 � �� � � _ ��� � � � �%��� 0� ����8� �� m� 23��w�mmm�o��r County oUB.CO_ PORTLAND.ORE. f.--- _. | before me, the undersigned, a Notary Public in and for said County anjtiate, personally appeared the within named -------- --___-__--..~.~.~~_,^-.~.~~..^.~_~~~-~'~...~~.~~~^.-------------------------.--------- ----------- --------------- ----------- -'-____-_-_.....~-...-...'=^``--------_------------__-----__-----_-------.----__--' ---.-_____ 9 , y' O 1 0 3 5 5 200 \ 63 r Z 7s- 4b/ O O� P r B Z25 P/¢J tt X t� tilt, $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 rrrr' Vjr' rA OREGON'S." OLDEST Ak 77 TITLE CO. �' - • Y 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. 20C� s 6 604 4 b <, too D tJf �Fia 4 815.4r x {•w' vx tib .4. A P f y 2200 , !444c ° a y Q1 ' L3 (M O ti f 23(. 0 2 � 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