17333 ~ Durham Road 17333
Proje. c: Durham Rd. Sewer Ext.
Easement:
Deed Reference: BK. 1016 Pg. 36
KNOW ALL MEN BY THESE PRESENTS: That we (I) T/L 1400 2S-1-11D
__.____lij_ldr_eA_f...._B.arker. _J...__oh-n W. Winters , Marvin Winters, Francis I . Scheckla
-
and Clarence E . Scheckla,
hereinafter termed grantor (s) , in consideration of the sum of $ 2 ,500. 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, to-
gether 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, reconstructing, o atyg, maintainin ,
inspecting and repairing of an undergrourry line and jd.
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 ca.scriient , and the right to make such us,
thereof , except to coxes r.r,ic t :>��.i fu�_n�{s ,
as will not interfeic. '.a+.! 1) 1_ ht'. ,:;<:_, asci purposes of the easement;
-------------- �rteas�rr-ed-
a-�-�•3.g���-�r���as-r-��--i=%�+�-.����Eua-_�-��-�ky�e�i-s'.�c�-•v2���r--lig
f-c�ll�i�a�t-•Ek�s�{�����:k•-a�t���•.�:�e�-:---
said easement being described as follows:
The South 34' of Section 11 , T-2S, R-1W, W.M. lying
within that tract of land in deed to Mildred E. Barker, et al
recorded in Book 1016, Page 36, Deed Records, Washington County,
Oregon, the south boundary of the easement area shall
coincide with the center of S.W. Durham Road.
2. Temporary easement:
Together with the temporary right of ingress , egress and regress,
and use for sewer construction purposes , of additional lands
lying parallel to, along the sides and within 45 feet, when
measured at right angles , of the above described perpetual easement
area, excepting and reserving to grantors the unencumbered enjoyment,
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.
/w
�r
Page 1 ,
ri
Easement BOOK 1119 PALE 527 �'
17333
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
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 workmanlike 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 September 19 76_.
Mildred E. Barker et al (SEAL) "� (SEAL)
by: ' (SEAL) _ (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgaue lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this day of September 19 76
Mortgagee
By
Title
STATE OF OREGON )
) ss .
County of Washington )
i
On this �� day of September 19 76 , personally
appeared the above named Mildred E . Barker, John W. Winters , Marvin Winters ,
Francis I. Scheckla and Clarence E. Scheckla
and acknowledged the foregoing instrument to be their voluntary act and deed.
Bef me:
ary Public for Oregon
My Commission expires : 2-7--80
Page 2
Easement ACCEPTED BY TIGARD CITY CO�CIL OCT013ER,y 11, 1976
BOOK
1119 PAGE 528 City Recorder
A
STATE OFCOREGON ) „f
County of Washington }j SS
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records
No.
of said County
Witness my hand and seal affixed.
ROGER THOMSSirN, Director of
Records & Elections
it coo
Z ; 1`7333 Alu"
F r O 9.71 1/4 CM 15s's
' 1100 t
J
w X
ras ss'
fSp- __ ._ ___ _- __ — - —
1
i
i
i
7 5t.4
1400 f 3(v
140f
.x�
w
i
4t4 Mt`
ras,u
1301
• am 6146
!IM O
00
M x w
•
•
t
t;AN.c0.*to
-.-»,.�..
Durham Road Sewer Extension
Mildred Barker, et al- Esmt.
T/L 1400 2S - 1 - 11D
qIry Book 1016 �iPage �36
BOOK 11 9n 4 • .,h '.`: �t ;5;:!+2. C+ re eputy
't;,r of 'Recozde & Lection
PACE 529 /I
Hy...........................,............••••d••.•................ .:..:
Ucto*er 15, 19116
Roger Thomsen
ka. hing ton County Courthouse
Millsboro, Ore6ou 1)7123
Lear Mx. Thomssen:
Luclosed Is a check in the amount of $18.00 to cover the charges for recording
the fol low ink; noted documents
Pedestrian and 6icycis kathway Limited Use Easement - internationaL
L'unes (,ampany - ::Inglewood Terrace
./ Durham i,,oad newer extension - '.Ierpetual " Temp-worary Lasement
Thank you for your assistance with this matter.
�:;itxerely,
Doris Hartig
City Recorder
DHIIW
Enclosures
ANDERSON, DITTMAN & ANDERSON
ATTORNEYS AT LAW
TIGARD PROFESSIONAL CENTER
6865 S. W. CENTER STREET
P. O. BOX 23006, TIGARD, OREGON 97223
639-1121
FRED. A. ANDERSON
DERRYCK H. DITTMAN September 14 ,1976
ROGER F. ANDERSON
City of Tigard
City Hall
12420 SW Main
Tigard, Oregon 97223
Re : Durham Road Sewer Extension
Gentlemen:
I hand you herewith sanitary sewer easement document
naming the City of Tigard as grantee and executed and
acknowledged by our clients , Mildred E. Barker, et al, with
respect to the premises on SouthWest Durham Road.
In accordance with the understanding given me by the engineers
representing Tualatin Development Company the option considera-
tion of $2500 is agreeable to all parties.
You may exercise the rights granted only when the City of
Tigard or any other beneficiary of the benefits of the
easement is committed to pay to the order of the grantors
through this office the sum of $2500 without deduction for
any costs, such payment to be made not later than September 30 ,
1976.
It is further understood that the sewer line which will be
constructed within the easement area will be available to serve the
lands of the grantors in accordance with the fair share agreement
which is being formalized between Tualatin Development
Company, the City of Tigard and Unified Sewerage Agency of
Washington County, a preliminary copy of which was furnished
this office on September 13, 1976.
An extra copy of this letter is herewith, upon which I ask
you to cause an official signature to be affixed to indicate
your receipt of the easement deed in accordance with the
following instructions, and returned to this office.
Very truly yours ,
ANDERSON, DITTMAN & ANDERSON
FAA/dp red. A. Anderson
Enclosure
IFA-
LU
4-1
.......ALI....................V—
ro