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2219 ~ Gaarde Street • CITY OF TIGARD P.O. Box 23397 12420 S.W. Main, Tigard, Oregon 97223 August 11, 1977 Roger Thomssen Washington County Courthouse Hillsboro, Oregon 97123 Dear Mr. Thomssen: Enclosed are 2 checks in the total amount of $42.00 to cover the charges for recording the following documents: Street Dedication - James N. Aitken & Nancy L. Aitken Easement - The Quadrant Corporation Ll-,"Easement - David Schulz and Linda M. Schulz Thank yoli for your assistance in this matter. Sincerely, Id Doris Hartig City Recorder DH:lw Enc. Project: Easement: Deed Refererce: KNOW ALL MEN BY THESE PRESENTS: That we 0) David Schulz and Linda M. Schulz hereinafLz.-.r termed grantor (s), in consideration of the sum of to b� paid by CITY OF TIGARDP a ­i:n1*cipal corporation of Oregon, hereinafter termod the CITY, hcreby grant, bargain, sell and cvnvey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to&�Rthsr with a temporary right-of-way and easement to use an additional area herein- after described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the pt.rpose of constructing, re- constructing, operating, maintaining, inspecting and repairing of an underground sanitary sewer 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 interfeyo. with the uses and purposes of the easement; said easement area being 7.50 feet on each side, iqbcn measur - ed at right angles, of the following described center line: see attached description 2 Tennpc.rary easement: . To­­tn�_r with tI.r-; temporary right of ingress, egress and regress, and use. for said 0 construcrion purposes, of additional lands lying parallel to, along the sides and within 20.0 feet, when measured at Tight angles,C� .of the above described perpetual easement area, expecting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures present upon the prcmises This temporary easement shall terminate upon completion of the construction. work, at vilhieb time, upon request of the owner, the City will issue a written release thereof ; 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 the neat and workmanlike conditiorL The City agrees that in connection with its use of the perpetual easement area and in inspect-5,11-, repairing, maintaining, or replacing said underground sewer the City will leave the premises in aneat and workmanlike condition and as nearly in the pre-existing state as practicable. The grant,­s do hereby warrant that they are the owners in: fee simple and have the right to grant the ab.--ve described easements, our hands and seals this 29th day of July 1,977 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (S FAL BOD, STATE OF OREGON )OM Aft ss. County of WAq _ n gtc)n 011 ti �s 29th _ day of JU1Y 1977 personally appeared the above named Linda M. Schulz and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public fprOregon My Commission expires: (ekil 19Z ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayor By: City Recorder STATE OF OREGON ss. County of On this day of 19_22 before me appeared 'P —C and both to me per:>---nally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporatic;--i, t-,-- said and f acknow14cd ed thz raid instrument to be the free act and deed of said municipal corporation. IN TESTTNJONK W-HEREOF, I have hereunto set my hand and affixed my official seal, this the day and ,.rear in th','.--, my certificate first written. NorarWPublic for Oregon my commission expires I EXHIBIT "A" Legal Description 16228 For Sanitary Sewer July 27, 1977 Situate .in the southwestquarterof Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and lying 7.5 feet on each side of the following described centerline: Beginning at a point on the west line of the plat of Hollytree, said point being NI 09'55"E a distance 8f 58.51 feet from the southwest corner of said plat, and running thence S24 18'00"W 8 distance of 32.15 feet; thence S60 14'00"W a gistance of 177.00 feet; thence S13 25'30"W a distance of 218.76 feet; thence So 54' 12"W a distance of 129.00 feet more or less to the northerly right-of-way line of S.W. Gaarde Street. Also a construction easement lying 20.0 feet on each side of the abovementioned centerline which would be terminated upon acceptance of the sewer line by the Unified Sewerage Agency. 2219 a • N o ' Y, � v ,S 24°/8'00"W 32.13 .00 / h 6p11•p / . STATE OF OREGON / County of Washington SS L ^ 1, Roger Thomsssn, 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. j of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of -� i Records & Elections Deputy 0 t 'INozYF,— AUG �� 17fi '7� 90.0o - ----- -- --— – H 6W GAAPDE ti S.9N/TARY SEWER EASEMENT - PERMANENT o/2d C'ONSTRO CT/ON 11/CINITY M,4P DR'N R.G.B SW /4Sec. 3 T2S,R.IW, NM CK'D: Z,3 AV COY of T 'ord - Aoshii7 fOn Coe-117 Oregon APP'D: LBW DATE: 7"Zd'77 SCALE: Jos No.:/6ZZ8 MESA Project: Easement: Deed Refererce: KNOW ALI. MEN BY THESE PRESENTS: That we 0) David Schulz and Linda M. Schulz hareinaf L,:.;7 termed grantor (s), in consideration' of the sum of to he paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termod the CITY, hereby grant, bargain, sell and -convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hQ)-einafter described, togsther with a temporary right-of-way and easement to use an additional area herein-1- after described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the pL.rpose of constructing, re- constructing, operating, maintaining, inspecting and repairing of an underground sanitary sewer 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 makc.. such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement; said easement 4rea being 7.50 feet on each side,, when measur- ed at right angles, of the following described center line: see attached description 2 Temporary easement: Togct_",._r with tl-.r- temporary right of ingress, egress and regress, and use for said construction purposes, of additional lands lying parallel to, along the sides and within 20.0 feet, when measured at Tight angle's, of the above described perpetual easement area, expecting and reserving to grantors the unencumbered enjoye-ent, use and preservation of all structures present upon the prcmises This temporary casement shall terminate upon completion of the construction work, at which time, upon -request of the ownert the City will issue a written release thereof . Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easernan"_* 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 the neat and workmanlike condition The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, r:,aintaining, or replacing said underground sewer the City will leave the premises in aneat and work-manlike 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 -Jrt ab.--ve described easements. Witness our hands .and seals this day of JUIYI? l9.77 (SEAL) SEAL) (SEAL) (SEAL) (SEAL) (SEAL) On this 29th day of September, 1977, before me personally appeared Da the foregoing instrument to be a voluntary act and deed. Before me My Commission expires February 11, 1978 Notary Pu is o regon EXHIBIT "All Legal Description 16228 For Sanitary Sewer July 27, 1977 Situate .in the southwest- quarter of Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and lying 7.5 feet on each side of the following described centerline: Beginning' at a point on the west line of the plat of Hollytree, saidpoint being N1 09'55"E a' distance 8f 58.51 feet from the southwest corner of said plat, and running thence' S24 18,OON 8 distance of 32.15 feet; thence S60 14'00"W a distance of 177.00 feet; thence S13 25'30"W a distance of 218.76 feet; thence S0054'12"W a distance of 129.00 feet more or less to the northerly right-of-way line of S.W. Gaarde Street. Also a construction easement lying 20.0 feet on each side of the abovementioned centerline which would be terminated upon acceptance of the sewer line by the Unified Sewerage Agency. 4 I I� •5 240/B'oaw If N/ Nf �h 0 Ikoo 14/ II 1 i ) M9.0 t 1 '90.0 25 0 s�! G,9ARI�E ti ,54NIrWR1' SEWER 4W.YelWeN7 - PZ7?N/AM--N7- and C'ONSTRV C RON IIICIN/TY U, 4,P DR'N' R.G•B �sW f4 5&,-. J T 2S.,R/N•,, X. All CK'a: Z,3W Cif of T Qrd - A7shlr7 q fon Crave fy r 01-e9 40/) Arra: t BW ,.` DATE, 7-Zd-77 -_ SCALE= /'- I JOB Na. 16226 David Schulz 8075 S.W. Thorne Tigard, Orego* n 639-6310 CITY OF TIGARD PERMIT OF ENTRY David Schulz and Linda M. Schulz, owners of that certain real property described in Book 998, Page 508, Washington County Deed Records, does hereby grant to the City of Tigard, its employees, agents, and employees of independent contractors performing work under contract for the City of Tigard, the right to enter the above-described private property from August 1, 1977, to January 1, 1978, to perform the construction of a sewer line as described in attached Exhibit "A". Whereas, the City of Tigard and its employees, agents, and employees of independent contractors performing work under contract for the City of Tigard, agree to be mindful of personal property, trees, bushes , and fences, and will try to prevent loss or destruction of the same; and agrees further to accept and review claims, if any, presented to the City for examination. The City of Tigard will be and hereby is granted permit of entry without prejudice to any rights of property owners herein, including the negotiation of easements. By the City of Tigard STLATE OF OREGON Mgt%, County of Washinaton On thin 29th_ day of J111Y 1977 personally appeared the above named Linda M. Schulz and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: 0C &-tam►W ILAIA6 Notary Public fprdregon My Commission expires: Re,611 1978 ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every terra and condition thereof. CITY OF TIGARD By: Mayor By: City Recorder STATE OF OREGON ss. County of On this day of 19 before me appeared and both to me per;:,cnally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corpora ticn, and ::Ihe said and acknowledged tha said 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 -vaar in this my certificate first written. Norary Public for Oregon E;; My commission expires David Schulz 8075 S.W. Thorne Tigard, Oregon 639-6310 CITY OF TIGARD PERMIT OF ENTRY David Schulz and Linda M. Schulz, owners of that certain real property described in Book 998, Page 508, Washington County Deed Records, does hereby grant to the City of Tigard, its employees, agents, and employees of independent contractors performing work under contract for the City of Tigard, the right to enter the above-described private property from August 1, 1977, to January 1, 1978, to perform the construction of a sewer line as described in attached Exhibit "A". Whereas, the City of Tigard and its employees, agents, and employees of independent contractors performing work under contract for the City of Tigard, agree to be mindful of personal property, trees, bushes, and fences, and will try to prevent loss or destruction of the same; and agrees further to accept and review claims, if any, presented to the City for examination. The City of Tigard will be and hereby is granted permit of entry without prejudice to any rights of property owners herein, including the negotiation of easements. By the City of Tigard