8908 ~ Gaarde Street ~ Pacific Highway I PAN Y Proje-.': STS - 32.4
Easement:T - 20
8908 Deed Reference: B 721, P 630
KNOW ALL MEN BY THESE PRESENTS: That we (I) JaMPS 1- Praclaa st I -ani_
David J_, _A1p_xan!der_and_ ArthU oulin and Esther T.- Pnulin
0
rYy hereinafter termed grantor (s) , in consideration of the sum of $ 107 _ SQ
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, 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 44ie4 i+ie-&�-&d
A portion of that tract of land in Section 10 , T2S, RlW, W.M. ,
Washington County, Oregon conveyed to James J. Praggastis and
David J. Alexander as described in Book 721, Page 630, Deed Records
of said Washington County, more particularly described as follows :
The Northerly 10 feet of said Praggastis and Alexander tract.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands
South
lying parallel to, along the Aides and within 30 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.
,OOK
Page 1
Easement
8908
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 day of 19
(SEAL) (SEAL)
(SEAL) KX;
L
(SE (SEAL)
For a consideration, thc 1. m-tcj,i{ie 1 n on the bove described
properties is hereby made subord . ' , I t1 - e - is above granted.
Dated this 7 day of August 19 69
BENJ. FRANKLIN FEEDERAL SAVINGS AND LOAN ASSOCIATION OF
M Mortgagge -FUMMAND
ortgagg
e
B
Ile-
Secretary
Title
STATE OF OREGON
) ss .
County of CLACKAMAS
On this 5th day of AUGUST 19 69 personally
appeared the above named James J. Praggastis and David J. Alexander
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
kar-yn Public--f 0' Oregon
My Commission expires : June 22, 1973
Page 2 Boa 758 mcr'187
Easement
STATE OF OREGON
) ss .
County of Multnomah
On this day of August 19 69 personally
appeared the above named Fred S. Winters, Secretary of BENJ. FRANKLIN FEDHAL
SAVINGS AM LOAN ASSOCIATION OF PORTLAND
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me-
Notary P41ic for Oregon
My Commission expires : October 20, _1969
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY OF,_ IGARD
By:T11-ay o r
By:
City _Recorder
STATE OF OREGON
) ss .
County of Washington)
On this 3rd day of October 196 9 , before me
appeared Elvin 0. Ky e and Doris HarE�ig—
both to me personally known who, being duly sworn, did say that he, the
said Elvin G. Kyle is the Mayor, and he, the said Doris
Incrtig, is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin G. Kyle and Doris Hartig
acknowledged 7--f--he said instrument to be the free act and deed
sf said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto, set my haad' and affdked .' y ,',.-
t
official seal , this the day and year in -.thiscert;li cate f 1-rS wriei�
e
Notary Public for Oregon
STATE OF OREGON
) ss Ply commission expires
County of Washington
On this 5th day of August, 1969 personally appeared the a#6.ve',.named
Arthur J. Poulin and Esther L. Poulin
and acknowledged the foregoing instrument to be their voluntary -aii# aio dee4.4`
Before me:
Page 3
Easement
VOK 758 PAGE788 Notary✓
Public for Oregon
My Commission expires_/';;;1A;1'Z
pp
T.
DNVID J. AUEXAND'_,`,�,
7Z�
L
7508 PAm, 789
C ; ! !- � ki
riled for record...... .....(0.......to-/
of R . lections
zi �Ev, THO R000rd zulzly"n,Inc.
ON
A
r .
18908
d
U
.1
STATE OF OREGON Z
County of Washington
1, 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. ------------------------------------—------/-.2-- ------
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
Records &�Ele pop%
Deputy
kT b IU 35
T4&
425 S.W. Fourth Avenue/ Portland, Oregon RECEIVEE)
Phone 222-3651
OCT 21 1968
POLICY OF TITLE INSURANCE CITY OF TIGARD
Oregon Land Title Association
No. 316049 Standard Coverage Policy Premium $25.00
TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here-
inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date,
and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
the heirs, devisees, personal representatives of such Insured,or if a corporation, its successors by dissolution, merger
or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu-
lations hereof, which the Insured shall sustain by reason of:
I. Title to the land described in Schedule A being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not
shown or referred to in Schedule B, or excluded from coverage in the Conditions and
Stipulations; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness,the owner of which is insured by this policy,but only insofar
as such defect affects the lien or charge of such mortgage or deed of trust upon said
land; or
5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B such mortgage or deed
of trust being shown in the order of its priority.
all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which
are hereby made a part of this policy.
In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid
only when countersigned by a duly authorized officer of the corporation.
Countersigned
tIt TITLE INSURANCE COMPANY
P, NCe
C)
11� By
for
%
2f* President
0- 0 ORA
_J *0 > �0,
X Attest:
Authorized Officer 0 Z
0
PAGE I OF POLICY •%• 0 Secretary
REV.7-63 d 0 )o
TI-21
SCHEDULE A
Amount $1,000.00 Date October 6, 1969 At 10:35 A.M.
INSURED
---CITY OF TIGARD---
easement
The fee simple title to sai(DUM is, at the date hereof, vested in
CITY OF TIGARD, a municipal corporation.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT :
Said easement area being a portion of that tract of land in Section
10, Township 2 South, Range 1 1"Iest, Willamette Meridian, Washington
County, Oregon conveyed to James J. Praggastis and David J. Alexander
as described in Book 721, Page 630, Deed Records of said Washington
County, more particularly described as follows:
The Northerly 10 feet of said Praggastis and Alexander tract.
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 South sides and within 30 feet , when measured
at right angles, of the above described perpetual easement area.---
PAGE 2 OF POLICY NO. 316049
TI 28
Oregon Land Title Association
Standard Coverage Policy
R 8.60
SCHEDULE R
This policy does not insure against loss by reason of the matters shown or referred to in this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured in Paragraphs numbered 4 and S on page 1 of this policy.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; pending pro-
ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance
or order therefor.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records;
unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. 1968-69 taxes, $266.55 plus interest , unpaid. (2Sl 10A 1701 23-24)
6. Tigard City Liens, if any.
7. Rights of the public in and to that part of the herein des-
cribed premises lying within the boundaries of roads and highways.
8. Easement, including the terms and provisions thereof,
granted to Tigard Water District , recorded September 18, 1968, in
Book 715, Page 606, Washington County Records. (AFFECTS THE NORTH TEN
FEET OF LOT 3)
9. Interest of James J. Praggastis and David J. Alexander, vendees,
as purchasers under contract , including the terms and provisions
thereof, executed by Arthur J. Poulin and Esther L. Poulin, husband
and wife, and Arthur J. Poulin as Guardian of the property of Esther
L. Poulin, vendors, dated August 15, 1968, recorded October 21, 1968,
in Book 721, Page 630, Washington County Records. (AFFECTS OTHER
PROPERTY ALSO. )
10. Agreement, including the terms and provisions thereof, wherein
James J. Praggastis and David J. Alexander "agree to give Kenneth
C. Strand and James Willock a 50 foot easement over property
described as 2S1-lOA-1700, 1800, 1900 and 2000 for ingress and
egress to their property described as 251-10A-1501 "which agreement
was recorded November 7, 1968, in Film Book 723, Page 470, Washington
County Records.
11. No liability is assumed if a financing statement is filed in
the office of the County Clerk(Recorder) covering fixtures wherein
the land is described other than by metes and bounds, the rectangular
survey system, or by recorded lot and block.
- continued -
Page 3 of Policy No. 31604S,
SCHEDULE "B" CONTINUED
12. Easement, including the terms and provisions thereof,
granted to City of Tigard, dated August 5, 1969, recorded October
6, 1969, in Book 758, Page 786, Washington County Records.—
Page 4 of Policy No. 316049
title insurance 12012 S.W. Canyon Road j Beaverton, Oregon 97005
escrows
Phone 646-8181 HEAD OFFICE
425 S.W. FOURTH AVENUE
PHONE 222-3651
City of Tigard order No. 316049
Department of Public Works August 14, 1969
Tigard City Hall
Tigard, Oregon
Re: Poulin/Praggastis
Gentlemen:
We are prepared to issue title insurance policy covering:
The West 225.0 feet of Lots 1# 2 and 3. AMENDED PLAT OF CANTERBURY
PLACE, Washington County, Oregon;
showing title on August 6, 1969 at 5:00 P.M., vested in:
ARTHUR J. POULIN and ESTHER L. POULIN,
an estate in fee simple
as tenants by the entirety;
subject to the usual printed exceptions, and
1. 1968-69 taxes, $266.55 plus interest unpaid. (2S1 10A 1701 23-24)
2. Tigard City Liens, if any.
3. Rights of the public in and to any portion of the herein
described premises lying within the boundaries of roads or highways.
4. Easement, including the terms and provisions thereof, granted
to Tigard Water District, recorded September 18, 1968, in Book 715,
page 606, Washington County Records. (Affects the North ten feet of
Lot 3)
5. Interest of James J. Praggastis and David J. Alexander, vendees,
as purchasers under contract, including the terms and provisions
thereof, executed by Arthur J. Poulin and Esther L. Poulin, husband
and wife, and Arthur J. Poulin as Guardian of the property of Esther
L. Poulin, vendors, dated August 15, 1968, recorded October 21, 1968,
in Book 721, page 630, Washington County Records. (AFFECTS OTHER
PROPERTY ALSO)
6. Agreement, including the terms and provisions thereof, wherein
James J. Praggastis and David J. Alexander "agree to give Kenneth
C. Strand and James Willock a 50 foot easement over property
described as 2S1-10A-1700, 1800, 1900 and 2000 for ingress and
egress to their property described as 2S1-10A-15011-, " which agreement
was recorded November 7, 1968, in Film Book 723, page 470, Washington
County Records.
City of Tigard----2 Order No. 316049
8. No liability is assumed if a financing statement is filed in
the office of the County Clerk (Recorder) covering fixtures wherein
the land is described other than by metes and bounds, the rectangular
survey system, or by recorded lot and block.
Note: We find an agreement, including the terms and provisions
thereof, executed by Kenneth C. Strand and James Willock, regarding
an appurtenant easement, wherein said parties "agree to give
James J. Praggastis and David J. Alexander a fifty foot easement
over property described as 2S1-10A-1501 for ingress and egress
to their property at 2S1-10A-1700, 1800, 1900 and 2000; " which
agreement was recorded November 7, 1968, in Film Book 723, page
471, Washington County Records.
We find no judgments of record against JamesJ. Praggastis and/or
David J. Alexander.
TITLE INSURANCE COMPANY
Washington County Branch
0�
"James A. Parker
JP/ic
f
NEI NE 1/4 SECTION 10 T 2S RI W WIA.
WASHINGTON COUNTY OREGON
SCALE 1 200'
SEE MAP
2S t 3o0)o
7'9'
1/4 SE C.COR.
• N89°25'E
f52.5 ti 152.3 f 151.95 1501 4489043'E 7 .6' - �2�9Q57A ��
' 2790 2600/� O
2604 3.35 Ac. g
.30Ac. - 53Ac. D
.50Ac/ 1 \ OVAc. 1922 Ae. �'� `�j yMry
'n 19
290 279 s 260 N aa`° ?, 13 ibpAOe.
.33d .3511. - .3d
52.5' 132.5' 152. 151.42' `� 1
303.92 _ 1 y
2701
.9t Ac. _,.. _ in
1 _ 400'
S88025�W502
2700 30 .303.9' l
.9/Ar. *00#26°4 1701 1700 __ 1400
3Dtf1c s Wqa assf-
� � r 31.1.
305 �.
3000 - 2602
2601 '
.4 / Jj C16,
.
30 304.16
250
3101 7 3100 h , 0.9YA0 6
N
3 132.3 304.38 808.4'
320 3201 2400
ss oo asrAc. -7 1800 500
/ 4 "-' r ` t27A'c .60 Ac.
:3301 305. ---- 23 2300
;.46 ae. 1 330 .44 96Ac
01900 1.100
i. 37nj
M h
( , j J,38At.
3300305 3 1 304.84 4 -�. 1 N axa �,a
0.91Ae. "'2302 P
p 0 .s2A 9 531.
12 8'
�
M/ M �
I t 3�'.:J
2000 �� 3i
340005 2200 *#226 3
n 4 .
0.9/.41. 1 1 _ 1$ ' ! 51A_ o N \
M a °
Q
Am"Ammom=
i f i32'
i
3500 ... « 3600 toe' - 43z.3o
= 4000I�CR,Oj/{1t,1S es
1.9r Ac. a r 1.9I At. �Po. 69 At 133��jpc1 ai
661 i1 � /_� 4100
O 50 n n a D Lt ?-9TAc.
01-
3=r a
680 hp
A17A389°3 ,
Arm / � _
75128'-
3800 T' -
5.t5 Ac. M° 4200
'13 •� 1.63Ac.
o `
/ 0I'S"'9
1,09
i q
ID o
4300
7.504C
N4? SUt
. O
772.6' ,
inrr � •AFS•
. �
68-P-06. 054' May 6, 1969
3=s c1 eat 0
Jz nes J. Praggastis 5 David J. wie<=ndez
»A�.
502 3rd S«
£a3« Sawegq Oregon .
Boca 73: Page 630
33 1 10A 1701 215 Sacci =
k y2IRANENT? 2 33 «y?
A po=tion of thattract o£ landin Section :0, TO, did, IMI. , Washin on
County, Oregon conveyed to Ja nes A Praggasaa & David J. Alexander as
described in Book 731 wage 630, Decd 'Records of said Washington County,
more par6cularly described as foic+a:
. The Northerly 20 £eeto£ said Prapjastis C Alexander tract
22 PCy ,?,7 £ 32-'v.2y?
Thce Bort e£J 40 Not of the aforementioned P=a//ascis & Alexander tract.
Q'I
T-2c)
[)A\/ID J. ALZ-X/'lND,:lR,
I ICA Rol
PAG:)E oZX)
Z 72�
W`.F7TLAND,
OR;;C.;ON !;EATTL--.WASH INr,70-N