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72-1912 ~ Gaarde Street ��rcGa 912 Project: y Easement: Deed Reference: Vr; KNOW ALL MEN BY THESE PRESENTS: That we (--1.4-"-t.--L C2 �w�t, T S hereinafter termed grantor (s) , in consideration of the sum of $ /67°P 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 10. 00 feet on each side, when measured at right angles , of the following described center line within the following designated premises : beginning at a point that is /worth 544. 79 feet and East 815.92 feet from the quarter section corner common to Section 3 and 10, Township 1 South, Range 2 west, Willamette Peridian, Washington County, Oregon; Thence Tuning North 89- 54 ' 55" East 103 feet and there ending. 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 25. 00 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. 1912 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 r day of pl,/ , 1972... (SEAL) AV, (SEAL) I It (SEALI)\--.' (SEAL) (SEAL) (SEAL) For a consideration, the morLgago lien on the above described properties is hereby made subordinate to the easements above granted. Dated thisda. of , 19 Mortgagee By Title STATE OF OREGON ) ) ss . County of WA.5-41Air,--rv,t)__ ) On this 2,6 day of / , 19 7z__ , personally appeared the above named t3Rotdr oLyr- - '- _1,24ti PULSoN and acknowledged the foregoing instrument to be their voluntary act and deed. • Before me: ()a' teary Public for Oregon My Commission expires : /7j 1 7." 1912 STATE OF OREGON ) ss . County of VLI�< N) On this ,2_6 day of /V ,19 7Z- MM before me appeared a Rh t L?452-- and AV1-5 &, -_ both to me p rsonally known who being dul r sworn, did say that he the said g Y Y � -;ukorr is the President, and he , the said �AL %-Avi.-SDxl is the Secretary of rest 8,._._risT the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by a thorit f its Board of Directors , and _URvi, /'j'/ULpj and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. N aryPublic for Oregon. My Commission expires /y /975 ACCEPTACL The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY •F TIGARD By• `. , I, ayo, Bye, Z.- City Recorder STATE OF OREGON ) ss . County of Washington ) On this 9th day of June , 196'( 7;, before me appeared Dani T L. Larsen and Doris Hartia both to me personally known who, being duly sworn, did say that he, the said Danil L. Larsen is the Mayor, and he, the said Doris Hartia is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Mayor c and Recorder loris Nnrt-ig acknowledged Pelsain'instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal , this the day and year inthis my certificate first written. ,,%% Notary public for Oregon June 15, 1972 Roger Thomssen /--1 Dept. of Records t Elections Washington County Court House Hillsboro, Oregon 97123 Re : Sewer Easements Tigard Assembly of Cod and First Baptist Church of Tiga \__) Dear Mr. Thomssen: [I1] Please record the enclosed sewer easements in the Washington County Deed Records . (NIT checlf, to coyer costs, is for 6 pages e $2 .00 per page or $12.00. Thank you for your assistance in this matter. Sincerely, Rnor's Partici City 1,econler \)// DH/ds Enclosure 7-1(= ANDERSON & DITTMAN I :,..- ATTORNEYS AT LAW '' v TIGARD PROFESSIONAL CENTER JUN t ` 8865 S. W. CENTER STREET /� ! 1' P. O. BOX 23006, TIGARD. OREGON 97223 CmTy nr )�tf�r�- 639-1121 V!' I FRED A. ANDERSON DERRYCK H. DITTMAN June 8 , 1970 TO City Recorder, Doris Hartig FROM City Attorney , Fred. A. Anderson SUBJECT City of Tigard vs . First Baptist Church Herewith, conformed copy of final judgment order which should be treated in your records as if it were a deed of easement rights therein described. I am submitting my final billing on this case . 2 ed. A. Anderson FAA/j Enc . 71/4, IN THE CIRCUIT COURT OF THE STATE OF OREGON 1 FOR THE COUNTY OF WASHINGTON 2 3 CITY OF TIGARD, a municipal corporation, ) 4 Plaintiff, ) 5 ) -vs- ) No. 31 227 6 FIRST BAPTIST CHURCH OF TIGARD, an Oregon ) ORDER OF FINAL JUDGMENT corporation, and U.S. NATIONAL BANK OF ) 7 OREGON, a national banking association, ) 8 Defendant. ) ) 9 Plaintiff,tbrough its attorney, Fred. A. Anderson, having 10 moved the Court for entry of final judgment herein based on the 11 stipulation of plaintiff and defendant, First Baptist Church of 12 Tigard, an Oregon corporation, through respective counsel, and 13 14 Plaintiff through its attorney further having tendered herein a 15 motion for an order of default with respect to defendant United States National Bank , for failure to appear herein, and 16 17 IT APPEARING that said United States National Bank was duly 18 and regularly served on February 24, 1970 , and has made no appearance 19 herein, and said motion for an order of default should be allowed, 20 and said defendant is hereby declared to be in default and its default 21 is entered of record, and 22 IT FURTHER APPEARING that pursuant to said stipulation on 23 file herein that the plaintiff has deposited into the Registry of 24 this Court the sum of $220 .50 , together with a previous deposit of WN25 $750 .00 for a total of $970 .50 , and that plaintiff is now entitled F N a 3o to take judgment as prayed for in its complaint, �3'6WN 26 I-a rc_ I-Je0_ < rce NOW, THEREFORE, the Court finds pursuant to said stipulation ,Vew27 Z W ozzj2 that : �om.1 28 W u,8 W 0 6 a m F yo 29 (a) That the perpetual and temporary easements and N m as 30 rights described in paragraph VII of plaintiff's complaint are required 21 for public purpose and that prior to the filing of the complaint 1 and purchase but was unable to do so, and 2 (b)That the sum of $970. 50 is the stipulated value of the rights aescribed in said paragraph VII and the damages to the remainder 3 and that said sum having been deposited for the use and benefit of 4 the defendants , plaintiff is now entitled to final judgment as prayed 6 for in its complaint, 7 IT IS , THEREFORE , OFiCRED, ADJUDGED AND DECREED 8 (a) That there is hereby vested in the plaintiff, CITY OF TIGARD, a municipal corporation of the State of Oregon, permanent 9 10 and temporary easements over, across , under and through the follow- int: described lands of defendants , which are necessary for the in- 12 atallation of sewer line, said permanent and temporary easements being described as follows : 13 TRACT II_Perpetual easempnt : 14 An unencumbered perpetual riaht-of-way and ease- 15 ment for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing of 16 an underground sewerlline and appurtenances , together with the right to remove , as necessary , vegetation, 17 foliage, trees and other obstructions within the ease- ment area, but reserving to the Grantor the title to 18 the lands subject to the easement, and the right to make such use thereof, except to construct buildings , as will 19 riot interfere with the uses and purposes of the easement ; 20 said easement area being described as follows : A portion of that tract of land in Section 3, 21 T2S, 111W, W.M. Washington County, Oregon, conveyed to The First Baptist Church of Tigard in hook 463 page 22 1136 , Deed Records of Washington County, Oregon, being 7.5 feet on each side of the following described center- 23 line which traverses said premises : • 24 Beainning at a point on the North line of said tract , said point being 10fJ feet, more or less , Easterly 25 of the florthwest corner of said First Baptist Church of z •z Tigard tract; thence South 12° 11' 08" West, a distance 26 re 01229 feet ; thence S 0°49 ' 00" East, a distance of 338.02 c• feet ; thence a 110 ll' 30" West a distance of 80 feet , more 27 or less, to a point on the South line of the tract, said 8 point being approximately 32 feet Easterly of the Southwest u)• w.E2 corner of said First Baptist Church of Tigard tract. Qfl— • z,4 < 29 oal TRACT II . TLY2prary Easement : td 30 Together with the temporary right of ingress, egress • 31 and regress and use ,forsewer construction purposes , of ad— 1 upon request of the owner, the City will issue a written release thereof. 2 Should it be necessary to cut and remove any brush, trees, 3 or other matter or materials from the easement area, said 4 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 5 City agrees that in connection with its use of the 6 perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City 7 will leave the premiese in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. 8 (c) That evidence as to the findings herein or of this 9 order regarding the amount of the bond and other matters herein 10 set forth shall not be admissible at the trial of the above- 11 entitled cause. 12 13 Dated this 12th day of March, 1970, at Hillsboro, Oregon. 14 15 /s/ Hollie Pihl H oll a ihl, Circuit Judge. 16 17 18 19 20 21 22 23 t. • 24 ¢Pl W N w . 25 Ua z ��NWry 26 J0^ °`m 1 ,N I a W 27 zt-0,2z ozZ lI (AOU¢W28 Oa� O 411.7-10w ¢c07F Z za a „0 29 00 as 30 U ▪ 21 1 described perpetual easement area, excepting and reserving to Grantor, the unencumbered enjoyment, use 2 and preservation of all structures present upon the premises . This temporary easement shall terminate upon 3 completion of the sewer construction work, at which time, upon request of the owner, the City will issue a written 4 release thereof. 5 Should it be necessary to cut and remove any brush, trees or other matter or materials from the easement 6 area, said brush, trees or other matter and materials shall be removed and disposed of by the City and the 7 City shall leave the easement area in a neat,workman- like condition. The City agrees that in connection 8 with its use of the perpetual easement area and in inspecting, repairing, maintaining or replacing the 9 said sewer line, the City will leave the premises in a neat and workmanlike condition, and as nearly 10 in the pre-existing state as practicable . 11 (b) That the said temporary easement is terminated when the 12 construction activities of the plaintiff are completed, and that the 13 defendants, their successors, heirs and assigns, shall have the 14 right to reasonable use of the permanent easement at all times for 15 any and all purposes which do not unreasonably interfere with or ad- 16 versely affect the use of the permanent easement area for the fore- 17 going purposes . 18 (c) That in the event it is necessary for the plaintiff to 19 20 enter upon the permanent easement area after completion of con- struction to construct, repair, maintain or replace said sewer line, 21 defendant shall be entitled to any damages then done to the property 22 and the plaintiff shall leave the same in a neat , workmanlike con- 23 al dition as nearly equal to the pre-existing state as practicable . 24 IT IS FURTHER ORDERED AND ADJUDGED: _� 25 a 3�_ That the defendants do have and recover judgment against the f3m,N 26 r J T Q oQmdm plaintiff in the sum of $970 .50 including interest, costs , d s- afmlaW 27 "61 z Qz="= bursements and attorney's fees, the said sum having been heretofore oF��W 28 W F J O W z`Zg;,,~ deposited into the Registry of the Court, and 29 Od o°' 30 IT IS FURTHER ORDERED that the Clerk of this Court be , and riU 151 hPrehv _ directed to enter full satisfaction of said judgment , . . 68-P-486. 034 May 6, 1969 ? < « © . ( , . N p , % . . * Easement F- lb First Baptist Church of Tigard 11075 S. -. Saar de St. Tigard, Oregon Book 463 Page 436 2S 1 3DC 1120 647 lineal It. A PERMANENT EASEMENT A portion of thattract of land in Section 3, T2S, »1W, W. M. , Washington County, Oregon conveyed to the First Baptist Church of Tigard in Book 463 Page 436, Deed Records of said Washington County, being 13 feet wide, 7. 5 feet either side of a centerline which traverses the premises as follows : Beginning at a point on the North f e of thetract, said point being 108 feet, more or less, Easterly of the Northwest corner of said First Baptist C rch of Tigard tract; Thence: S 12 ° : 1' 03"W, a distance of 229 feet, Thence: S 0 ° 49` aC E, a distance of 338. 02 fact, • Thence: S 11 ° Il' 30°°, a distance ofCC feed more or less, to a point on the Soso line oft e tract, said point being approximately 32 feet Easterly of the Southwest corner of said First Baptist Church of Tigard tract. A TEMPORARY EASEMENT 35'c Identical 'n ceperline location tom e Permanent Easement, be g feet wide, feet either side oft e aforementioned centerline. fig,£ FREDERICK A. ANDERSON /VI ATTORNEY AT LAW (11 .., TIGARD PROFESSIONAL CENTER 8865 S.W.CENTER STREET P.O.BOX 23006,TIGARD,OREGON 97223 639-1121 March 17 , 1970 City Administrator OF _ Tigard, Oregon 97223 Re : City of Tigard vs . First Baptist Church Gentlemen: Herewith a copy of the order in the above referenced case granting right of immediate possession as against the Defendants . Accordingly , you may permit the contractor to enter upon the easement premiese at such time as is necessary . Very truly yours , ANDERSON & DITTMAN 2 • . A. Anderson FAA/j Enc. - . . t , i. L ) \ --,".::,,-.) ;--',--;"': " -..- •••,.'...".) .: i / 1 • (":-LnL-7;•.. '''. - i ',-:/ i i I ' i / I f / . i S,1-3.1=', 'I,, -- '`-•••••' ' . , ' •T, 1 - - f ; I ; I ; ' I 1 ; 1 I .. 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OREGON SEATTLE.WASH:NGTON 1 1 taking and damages that may accrue to the parties , giving con- 2 sideration also to the public interest involved. 3 IT IS ACCORDINGLY HEREBY ORDERED: 4 (a) That the plaintiff deposit the sum of $750. with 5 the Clerk of this court to abide determination of the above- 6 entitled cause: 7 (b) That upon making such deposit, plaintiff be and it 8 is hereby granted the right of immediate occupancy of the easement 9 areas as described as follows : 10 1. Perpetual easement : 11 An unencumbered perpetual right-of-way and easement 12 for the purpose of constructing, reconstructing, operat- ing, maintaining, inspecting and repairing of an under- 13 ground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, 14 trees and other obstructions within the easement area, but reserving to the Grantor the title to the lands, 15 subject to the easement , and the right to make such use thereof, except to construct buildings , as will 16 not interfere with the uses and purposes of the ease- ment ; said easement area being described as follows : 17 A portion of that tract of land in Section 3, 18 T2S, R1W, W.M. Washington County, Oregon con- veyed to The First Baptist Church of Tigard in 19 Book 463 page 436, Deed Records of Washington County, Oregon, being 7.5 feet on each side of 20 the following described centerline which traverses said premises : 21 Beginning at a point on the North line of said 22 tract, said point being 108 feet, more or less, Easterly of the Northwest corner of said First 23 Baptist Church of Tigard tract ; thence S 12°ll' 08"W, a distance of 229 feet ; thence S 0°49 ' 00"E, r 24 a distance of 338.02 feet; thence S 11°11' 30"W, a distance of 80 feet, more or less, to a point 25 on the South line of the tract , said point being approximately 32 feet Easterly of the Southwest 2 6 corner of said First Baptist Church of Tigard tract. 1-¢ °<°tTa asNl ¢w 27 2. Temporary easement : f.1 0 N0W.W 28 Together with the temporary right of ingress, egress wr°oW and regress, and use for sewer construction purposes, 0.46M1-•¢Z N~ a No 29 of additional lands lying parallel to, along each side 0o and within 17.5 feet , when measured at right angles , of td 30 the above described perpetual easement area, excepting and reserving to Grantor the unencumbered enjoyment , use qi and preservation of all structures present upon the 1 IN THE CIRCUIT COURT OF THE STATE OP OREGON 2 FOR THE COUNTY OF WASHINGTON 3 CITY OF TIGARD, a municipal corporation, ) ) 4 Plaintiff, ) ) No, 31 227 5 vs. ) ) ORDER GRANTING 6 FIRST BAPTIST CHURCH OF TIGARD, an Oregon ) IMMEDIATE POSSESSION corporation, and U.S. NATIONAL BANK OF ) 7 OREGON, a national banking association, ) ) 8 Defendants. ) 9 An order having heretofore been entered in the above- 10 entitled cause setting Tuesday, the 10th day of March, 1970, at 11 the hour of 9 :00 a.m. , and the courtroom of the above-entitled 12 court as the time and place of hearing of motion of Plaintiff for 13 an order of immediate possession, and said motion coming on 14 regularly for consideration at said time and place before the 15 Honorable Hollie Pihi, Judge of the above-entitled Court , Plaintiff 16 appearing by and through Fred. A. Anderson, its attorney of record 17 herein, and no appearance being made by or on behalf of the 18 Defendants, or any of them, and the plaintiff having proceeded to 19 adduce testimony in support of said motion, and the Court having 20 heard the statements of counsel and having considered the evidence 21 and the records and files herein; 22 FINDS: 23 That the defendants, and each of them, were duly notified 24 of the time, place and purpose of said hearing more than ten days W N Wa 25 prior to the date thereof by certified mail addressed to their last-- ¢ ;o I-.( 26 known addresses, as shown by the last tax roll of the County of W .m z"i`W27 z1-1.12gWashington, State of Oregon; that good and sufficient reason exists rr Now.W28 wrAd for the granting of an order of immediate possession with respect N 29 a Wm to the perpetual and temporary easement privileges as hereinafter 00 30 described; that the sum of $750. is a sufficient amount for the 1 as of the date hereof. 2 Dated at Hillsboro, Oregon., this 4th day of June 3 1970 . 4 5 /s/ Albert R. Musick _ 6 CIRCUIT JUDGE 7 akTIER A 1k,. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r. 24 C Ol W ry Zg 25 wZ� U z a ;" 2 QN N 26 m 27 z z W F F 0 f5O�0w 28 zaZN� z wo m O� �a 30 0 x ¢ u