79-025430 & 79-025429 ~ Colony Creek Court Pro.iect: C01001 eforwck sav,
Ease ant
Dee6wm��eference :
KNOW ALL MEN BY THESE PRESENTS: That we (1) 79025430
LUM DEVE10-PIKE-WT Co Aab Dm-�kk= & AtkSercimma Awe.
60 bc%!Ar� QrCAPK
hereinafter termed grantor (s) , in consideration of the sum of $
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, heafter
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
28
A strip of land 15. 00 feet wide situated in the Northwest One
Quarter of Section 12, Township 2 South, Range I West of the
Willamette Meridian, County of Washington, State of Oregon,
being 7.50 feet on each side of the following described center-
line.
Commencing at the Northwest corner of said Section 12; thence
North 89049140" East 653 .30 feet to the Northwest corner of
the James H. Hicklin Donation Land Claim No. 43; thence South
0'02 ' 14" East 7. 50 feet along the west line of said Hicklin
D.L.C. to the point of beginning of the centerline herein to
be described: thence North 88036t50" East 334. 00 feet to the
terminus of said centerline.
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 40MM.Mw 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.
Page 1
Easement RECEIVED
AUG 21 1979
CITY OF TIGARD
49
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 w'ill 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 2nd day of May 1979
(SEAL)
tSEAL)
04e
(SEAL)
(SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this day o f 19
rtcraqee
By
144 42
/1 ,
Title
STATE OF OREGON
) ss.
County of Washington
On this 2nd day of MaY 19 79 personally
appeared the above named Phillip G. Mullard, Vice-President., Lutz Development
and ackno%yled ed the foregoing instrument to be their voluntary act and deed.
1-9
Before me:
6c,
A 'a 40
Notary Pub c fortUregon
My Commission expires : 8/24/81
Page 2
Easement
STATE OF OREGON
County of
Multnomah
On May 3 1979 personally appeared KEN LIEN
Senior Vice
wha eing:swrr�, stated that he (she) is the PRESIDENT of said Corporation
arta' -t�af'this instrument was voluntarily signed in behalf of the Corporation by authority
of-iis..'Board oP Directors.
Befbr6-,me:
Notary I Public for Or on My commission expires: V.36
STATE OF OREGON
%I ) ss . "ORPORATE
County of Clackamas
On this 6 day of June 19 79, before me appeared Bernard Ray Derby
and --Jeffrey J. Hartlieb both to me personally k.nown , wno be--i -ijg
duly sworn, did say that be, the said Bernard Ray Derby i.s the
President , and he, the said Jeffrey J. Hartlieb is the Secretary
Treasurer of DER-HART ASSOCIATES, INC. the witbj ;
name Corpori?t ,ion , and that the seal of-f ixed to said instrument is the c-c)r
porate seal of said Corporation , and that the said instrument was sjured -M,1
sealed in behalf of said Corporation by authority of its Board (if
and Bernard Ray Derby and Jeffrey J. Hartlieb
acknowledged said instrument to be the free act and deed of said Corporsc'- .* 011
IN TESTIMONY WHEREOF, I have hereunto set icy
hand and affixed my official seal the da,, and
year last above wri -ten.
-Notary PUbJ ic. for rego
goh
My Cormnission Expires-.-. 1/23/81
STATE OF OREGON
ss. CORPORATE ACKNOWLEDGME'NT
County of
On thisd ay of 19 ?1 appeared
and me c-s !j ov,�1i w1lo be 0"11 s.
sworn, did say that he, the said
VAI
—President , and he, the said -- -----is -$A)p L: I'
of
named Corporation, and that the seal ;iffj.>;ed -to said, .,s
seal of said Corporation , and that the said was signed aj)d -in
behalf of said Corporation by atithority of its
knowledged sad instr-.iTi-c n t c i,,, n e C,
ac
said Cor
a 1.
IN TE',`1`171101 I n II
hand. and P f f i xed mea seal the ('ta y s n d
year las 4, �j L-I') w
f c,r
Ptlb..1.1
My Corn Mission Expires,
------------
STATE TATE EGON EGON
County of
lly the above
19
On this day of nally Appeared the above
named
and acknowledged the forego instrument to be their voluntary act fand
Be
ore Mr.
No-6iy Public for Oregon
My Commission expires:
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply with each
and every term and condition thereof,
CITY OF T-IGARD
By:
Mayo
I I
By:
City
STATE OF OREGON kic6fder-
ss.
County of La.s
On this day of 19 before me appeared
and /_1 4
both to me personally known who, being duly swornj did say that he, the said
iqLa I C�tN- W- -- is the Mayoro and he, the said
is the Recorder of thip CITY OF TIGARD, a municipal
corporation, and the said and
acknowledged the said instrument to be the free act and deed of said municipal corporation.
IN T4STIMXY WHEREOF, I have hereunto set my hand and off4xeA my official seal, this the
3,
day and 41H certificate first written,
tip
cy"It,
76far- y"'Public or Oregon
E a ete';
commission
NWA SECTIO
WASHINCTO
SEE MAP SGA'
67 2 I 2S I 2 D i] IN W CORNER JAMES
H.HICKLIN DLC NO 43 2
2.68 Aa � ,\ 9A0- --- 9 ,
12
1000 A
593.6 %
1100 1101
.7/Ac. 3.83Ac.
ti
276,35 2
154 I
` 1102
t .tlAc.
r+c _wit 1 U NS
° J
842.08' cn a n
m
E 566Z. ?
}.:
1200 600.97Ac.
N N 7 cy =
°1 1 Cy
N " 3 ` �'' N
a.� m m
i EAST 198.9 'n ! a
A P 1+ 792 84' Fn 1
13
1
_ IIT.37 01 w
1300 -c 2.49 Ac. " w 1 s 4
4GAc 4°o
150,
z w 0
S s° 46 1t2'µ 465..5 6 i s.s' a In w o 700
In
SW GREENSWARO �� 3 v, i.65 Ac.
LANE 1 400 1879 N89°ZLi w
o ° IST 9'
!I.94Ac o \ N89° 20'W
7.04' _ Z Seg°44'µk\' 840
EAST 58
a 142 I,04.dc.
4 25
1540 1600 N
\ 2.09A i 2.97dc
0 ;n 0 Q O
0 c n
.. 0 0 1`35 tz
r M \\ q 0
801 z
6OAc.
\ � IS89°20'Ek
189. 66' 150' 1
.:TRMRM 736 a
i 70Q ilY 400 2 C. 2600 �4 -2
s i 2.03 Ac ---. ,474 0.46 .8ZAc. •3
17071 = o cru 1
1 2.00 Ac. V
X
• i w�
i �I -
�
304 334.95 I ..
SW
� 94 A c.
m
S,/ PINk BRCGK s; 0
7.6t Ac. '� 59
1Z.LE;E� ` Y t 1J.J s
.JYs � ilk q.
t t t
Project: Wv^u/ 4Pa"
EaF nent: 4rww.%., Sew,
Dem Reference:
KNOW ALL MEN BY THESE PRESENTS: That we (1) 79025429
Lu-m 70_CVat_0ME�-r Co. Wto bra-z-A&W.-C Yc AWASOCiArym - I
hereinafter termed grantor (s) , . in consideration of the sum of $
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;
de , Nokeab Reftw4wood
said easement area being
A4 ri'ke
A strip of land 15 .00 feet wide situated in the Northwest One
Quarter of Section 12, Township 2 South, Range 1 West of the
Willamette Meridian, County of Washington, State of Oregon,
being 7.50 feet on each side of the following described center-
line:
Commencing at the Northwest corner of said Section 12; thence
North 89049 ' 40" East 653 .30 feet to the Northwest corner of
the James H. Hicklin Donation Land Claim No. 43; thence North
89'49 ' 40" East 7. 50 feet to the point of beginning of the center-
line herein to be described; thence South 0002114" East parallel
with the West line of said Hicklin D.L.C. 260. 27 feet to the
terminus of said centerline.
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 �• 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.
FtFCF1VE0
Page 1 �OG21 19T3
Easement Cily Of TIGARD
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 this17Q _
,ZOL- day of 19
(SEAL) (SEAL)
(SEAL) (SEAL)
1A 5�Xd
(SEAL) (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
MWgacree
By AI%,
zIel-A.
Title
STATE OF OREGON
) ss.
County of Washington
On this 2nd_ day of May 19 79 personally
appeared the above named Phillip G. Mullard, Vice-Pres. Lutz Dev.
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
'TA-0
L) aA 0 ph
U4 6 Notary Publl� fo*_0Fdgon_
t,.;..
My Commission expires : 8/24/81
Page 2
Easement
STATE OF OREGON
County of Multnomah
f May 3
! On y 19 personally appeared KEN LIEN
Senior Vice
who .beirig sworn, stated that he (she) is the PRESIDENT of said Corporation
and.!th&i "this instrument was voluntarily signed in behalf of the Corporation by authority
of�,itooard'of Directors.
BP"-ore me:
ffj
Notafflublic for ffregon My commission expires: y_3a-&
STATE OF OREGON
coun,ty of Clackamas ss. CORPORATE
On this 6 day of June 19 79, beFore me appeared Bernard Ray Derby
and Jeffrey J. Hartlieb both to me personally known , who be4 n_
diuly s,,vorn, did say -that be, the said mLLBernard Ray Derby is the
President , and lie, the said Jeffrey J. Hartlieb -is the Secret-ary
Treasurer of DER-HART ASSOCIATES, INC. the within
name Corporption, a-nd that the seal affixed to said instrument is Lthe
porate seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Di-rect(-�r-:! ,
and Bernard Ray Derby and Jeffrey J. Hartlieb
acknowledged said instrument to be the free act and deed of said Corpor,&.-f- 10,1 ,
!N TESTIMIONTY WHEREOF, I have hereunto' sc-.,t iiiy
hand and affixed my official seal 'the day PrC]
.7
year last above wri` en.
Notary Pub] ic-for OT�egoh
My Commission Expires 1/23/81
STATE CIF 'C�REGCN
ss. CORPORATE ACKNV?
O 'LL'D Glli-.%T
C,--,uIIt-y of 2
&z)-S
0
Oa this day of 19 ? be fore Ime aopeared
fMA4110-B -
and -both to me personally I-Inown, who be2,-ng duly
Sworn, did say that he, the said is
the said is the S. cretLr-
,�.—Pre.-�i dent, and he, .1
of the wit-hdn
named Corporation, and that the seal afTixed to said, itlstlr=m�ent is ,he col:porate
seal of said Corporation, and that the said instrumr:;'at was signed and seeped in
behalf of said Corporation by authority of its Board of Directors, and
acknowledged said instrument to be the free act and deed of
said Corporation.
ley I TESTIM0,14Y 'W
HEREOF, 1 have hereunto set my
band and a,-,!`sixed my official seal the day and
year last ab.-;ve wr.-, L, '',
N-6 T—a-r'
yrF'i .clic oar T"regon
My Commission Expires-Zo--197--_91
STATE' O�F�O N
ss
County of
On thl- day of 19 personally appeared the above
named
and acknowledged the egoing instrument to be their voluntary t�and ee
Before
me
Notary Public for Oregon
My Commission expires:
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply with each
and every term and condition thereof,
CITY OF TIGAR
By;
j SC
'May or
By; '4 K
City Recorder
STATE OF OREGON
ss.
County of
On this __.a_ day ofW19-7c,, before me appeared'4
and
both to me person-ally known who, being duly sworn, did Say that he, the said
9/4,4 is the Mayor, and be, the said
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said and hz...i 41a
acknowledged the said instrument to be the free act and deed of said municipal corporation.
IN�,TE* M" 'VEREOF, I have hereunto set my hand and affixed my official seal, this the
day 4::.'Vy"ear"*f �,q my certificate first writt4n�
NoraryP u blic for Oregon
U 3
Ea;seteOF 6%N- Rj ,commission expires
STATE OF OREGON
County of Washington SS
CITY OF TIGARD 1, Roger Thomssen, Director of Recoils
and Elections and Ex-Officio Recorder of Con-
P.O.Box 23397 veyances for said county, do hereby certify tn, t
12420 S.W.Main,Tigard,Oregon 97223 the within instrument of writing was received
and recorded in book of records of said cimn,')
ROGER THOMSSEN, Dii-EWI(A A.t
Records & Elections
EX E 14
JVH 1414 7 9
SECTIOP
WASHINGTfl
SEE MAP SGA
� S
00 2 1 2S { 2DD , I Nw CORNER JAMES
1N.HiCKE€N DLC NO 43
295.5'
33
`'.
2.58Ac 9Ac. 9 .
` \ ..
12
1000
2. 55 Ac. a
�\ 1100 1101 593.6
.TIAs cv 3.83Ac.
•--.•.—
76. 5 "2 r'
o?
842.276.351 3 a
��, s .i JAC. � •,n -
.� f o o w
842.O8' w m
1200 ~600 E 566 _ z H
t0 3
N01, 2
�. V
4t€ 4f
ti 1 EAST €98.8 1 " g N
IA 792 84'24
a ^
n 1 :€737 1301 "'""�.___�.•.T—._�.
i AA per..'.: ,.s:es•._ :,% 5 89°56'W4 �-�-•• o z
r ? 1300 4 +' 2.49 Ac.
.40ACZ'o
r ISO
SWGREEN5��ARD N szs° os 1/2'W 465.15 s€s.5' _ 3 _ 700
S
ar 2 t.55 Ar,.
A,JE 1 400 ¢ � � €87 9 N89020'W
t 0 to €87.9
1 94Ac / 4 N \; N890 20'W
1z s6s°4av S00
EAST 587.04 a 142 /,04Ac
314.25'
1500 1600 ( cv
2.04A 2.97-0c \, 3
�} Q h o�o o'
0
N 5
M O
z \ 801 z
w1 .50Ac.
ti / S89°20'E °
216.25' "
3;.+ ' 189.6fi 190'
TERM 736
%
VV 1700 4001250C 2600 a `2
47A 0.45 .82Aa
_ . 0
200 _ a
..._ � OO AC,
\ (R + -
N w I .
29.57
4w 300 334.95' j L�
94 A
°'1800 a
SN! PINEBROOK '
c 7.51 Ac. a:- to59
June 28, 1979
Roger Thomson
150 First Avenue
Hillshorop Orp;on 97123
Dear Ar. Thomsen:
Enclonei is a check in che amount of 077.00 for the recording fees on the
followirl items.
2 . rojory Creek T-x•1.. rWon Paniter7 Tewer -xs,mpnt.,3
Thank you Eor your asiistaace in this matter.
Ancerely,
norin �xrvi-.
City Aecorder
DH:lea
TEnc,
19. RESOLUTION No. 79-64 A RESOLUTION CONCERNING VACATION OF A PORTION OF AN UNNAMED
30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN FANNO CREEK
ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(a) Motion by Councilwoman Stimler, seconded by Councilman Brian to set public
hearing for July 23, 1979 at 8o00 P.M. and approve resolution.
Approved by unanimous vote of Council.
20. RESOLUTION No. 79-65 RESOLUTION TRANSFERRING FUNDS FROM CONTINGENCY ACCOUNT TO
EXPENDITURE ACCOUNTS FOR CAPITAL OUTLAY ITEM.
(a) City Administrator requested Council approve transfer for stack roll plan files
for Engineering Department due to increase paper load.
(b) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
21. APPROVE BOND REDUCTION WINSOME TERRACE SUBDIVISION
(a) City Administrator requested bond be reduced $14,000 for sewers which have been
inspected and approved.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve reduction
in bond by $14,000.
Approved by unanimous vote of Council.
22. APPROVE BOND REDUCTION SCHECKLA PARK ESTATES
(a) City Administrator recommended reducing bond by $291,000 for street and sewer
inspection and approval.
(b) Motion by Councilwoman Stimler seconded by Councilman Brian to approve.
Approved by 4-0 vote of Council. Councilman Scheckla abstaining.
23. APPROVE TANGELA SUBDIVISION MAINTENANCE BOND
(a) City Administrator recommended approval of maintenance bond.
(b) Motion by Councilman Cook, seconded by Councilmen Scheckla to approve.
Approved by unanimous vote of Council.
LACWER EASEMENTS COLONY CREEK ESTATES
Administrator recommended acceptanceofeasements for sewer.
on by Councilwoman Stimler, seconded by Councilman Cook to approve.
oved by unanimous vote of Council.
PAGE 6 - COUNCIL MINUTES - JUNE 11, 1979
ACTION BY DIRECTORS OF
DER-HART ASSOCIATES, INC.
In lieu of formal meeting, and by written consent of
all the directors, the following action is taken by the
Board of Directors of Der-Hart Associates, Inc.
The secretary-treasurer, Jeffrey J. Hartlieb, is hereby
authorized to execute in behalf of the corporation any and
all deeds, contracts, mortgages, agreements, checks , and
other documents which w.w1d :otharw-isa re"Iret,". sIgnature
of the secretary-treasurer and/or the president of the
corporation with regard to the joint venture which the
corporation has entered into with Lutz Development Co. for
the development of Colony Creek Estates,
Dated: ILI 1979.
B. Ray Derb)�
Je te)r V Har t-l-ieb
Directors
"AG
1�00
(Z6
0
W
A,"'ION TAKEN BY THE SOLE DIRECTOR
OF
LUTZ DEVELOPMENT CO.
Arthur A. Lutz, the Sole Director of LUTZ DEVELOPMENT CO. , an Oregon
corporation, takes the following action as Director on behalf of the
Corporation:
RESOLVED, that the following Officers are hereby fully authorized
and empowered, acting for and on behalf of this Corporation, and
as its act and deed;
a. To execute, individually and sign individually or
together on behalf of this Corporation, any and all
deeds, mortgages and their notes, trust deeds, con-
struction loan applications and agreements and their
draw requests, calling for construction, improvement,
demolition, excavation, or erection of structures of
any kind upon or for real property wherever situated.
b. This Resolution shall remain in full force and effect
until written notice of revocation thereof shall have
been delivered to and received by any party to whom
the same shall have been delivered.
FURTHER RESOLVED, that copies of the above Resolution shall be
delivered to all Escrow Companies and Financial Institutions with
whom we do or may do business, as may be required.
The Officers so empowered are:
Arthur A. Lutz President
Daniel R. Segel Vice-President and Assistant Secretary
Ronald E. Willcuts Vice-President
Philip G. Mullard Vice-President
William T. Vaughan Vice-President
E. D. Perry Secretary-Treasurer
DATED this 26th day of September, 1978.
Artqrur A. Lutz, Di c`
Attest:
I certify this to be a true copy
of the original.
D. Perry, Secretary-Treasurer "