10356 ~ Grant Avenue Deed Reference: Bk.308 p.59
10356KNOW ALL MEN BY THESE PRESENTS: That ZANE MATNEY, HERBERT
MATNEY, HENRY C. DIEKMANN, CLARA H. DIEKMANN, WILLIAM T. LAWRENCE
and MINNIE T. LAWRENCE , hereinafter
termed grantor, in consideration of the sum of $ 168.00 q to
be paid by the CITY OF TIGARD, a municipality of the State of Ore-
gon, hereinafter referred to as the City, does hereby grant, bar-
gain, sell and convey unto the CITY OF TIGARD a perpetual right
of way and easement as hereinafter described, together with a tem-
porary easement to use an additional area hereinafter described and
designated temporary easement for the following uses and purposes:
1. Perpetual Easement:
An unencumbered, perpetual easement 10 feet in width
for the purpose of constructing., operating, maintain-
ing and repairing of an underground sewer line and
one manhole, together with the right to remove as
necessary, vegetatim, foliage, trees and other ob-
structions within the easement area, but reserving
to the owners title to the lands, subject to the
easement, and the right to make use thereof, except
to construct buildings, as will not interfere with
said easement. Said easement area being five (5)
feet on each side, when measured at right angles,
of the following centerlines described as TRACT I
and TRACT II:
In Tax Lot 2000 NEI/4 NW114 Sec.2 T2S R1W WM 25-1-2BA:
TRACT I: Beginning at a point on the southwesterly line of
that tract of land described in Book 308 page 59
Deed Records of Washington County, Oregon, said a point
being 17 feet in a southeasterly direction (S57 40'E)
from the most westerly corner (in the center of old
Fanno Creek) of said described property; thence N63*
02J' E, 156 feet, more or less, to a point; thence
N 89*53' E9 18 feet, more or less, to a point in the
center of Fanno Creek, said point being on the
northerly meander line of said described property.
TRACT II: Beginning at a point on the northwesterly line of
S . V. Grant Street, on the southeasterly line of that
certain tract described in Book 308 page 59 Deed
Records of Washington County, S 39'40' W 100 feet
from the northeasterlymost corner of said tract;
thence S 89*531 W, 162 feet to a point in the old
channel of Fanno, Creek on the southeasterly bound-
ary of Lot 60 being that tract of land described
in Book 496 page 268 said Deed Records.
2. Temporary Easement:
TRACT III: Together with the temporary right of ingress, egress
and regress,, and use for construction purposes, of
additional land lying parallel to, along both sides
and within 15 feet, when measured at right angles,
of TRACT I and TRACT II above described, excepting
and reserving to owners the unimpaired enjoyment,
use and preservation of all. structures and fruit
trees, if any.
BOOK 515 FArE254
mow° _ _........ . -
e
10 35 6 The temporary easement shall cease when said sewer work is
completed, and not later than November 1, 1964, and shall there-
after be of no further force or effect.
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 grantors, their heirs and assigns, shall have the right
to the reasonable use of said perpetual easement area for any and
all purposes which do not interfere with or adversely affect the
use thereof by the City for the purposes above described. The City
agrees that in connection with its use of the perpetual easement
area and its right to inspect, repair, maintain, or replace said
sewer line, the City will leave the premises in a neat and work-
manlike condition and as nearly in the pre-existing state as prac-
ticable.
The grantors do hereby warrant that they are owners in fee
simple and have the right to grant the above described easements.
Witness our hands and seals this day of ,
1964.
' / . - Q f'. �, SEAL
—tet' (SEAL) L ti { )
ZO
e Marney `
,
Herbert a ney
�(, AL � , � ., SEAL
Henry, . DIekmann ara H. DieKmann
0 3 (SEAL}
wr' {SEAL}
Lawrence' Minnie Lawrence
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this day of , 1964.
Mortgagee
By
Title
STATE OF OREGON, )
} ss.
County of Washington }
On this ' f day of 1964, personally
appeared the above named
and HERBERT MATNEY
and acTcnowledged the Foregoing instrument to be their vo untary act
A and deed.
Before me:
Notary Public for Oregon
My commission expires: c l� _,2, 5 44i
t
BOOK 515 PAGE 255
1.0 5 f .
FORM NO. 23 — ACKNOWLEDGMENT
STATE OF OREGON, STEVENS-NESS LAW PUB.CO., PORTLAND,ORE,
ss.
County of------Mu ltnomah _
BE IT REMEMBERED, That on this------ 4_�---------------day of-----------------------may---------------------------, 19----- 64
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
named ----------------WILLIAM---T.-._I.,AWRENOE---and-_MI,NI`IIE---T......LAWRFNCE----------------------------------------------------
------------------------------------------------------------------------------- ---------------------•----------- -------------------------------------------------------------- --------------------------
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
known to me to be the identical individual-B_. described in and who executed the within instrument and
-y-
d e
acknowledgto m&` ---...__--executed the same freely and voluntarily.
hats=----- -
" IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
l
v � ;
A-.-' • `
• '• � � Notary Public for Oregon. � �y
,,� ..:..,.•^ My Commission expires----- � - 1°e ----=---
STATE OF:� CALIFORNIA FORM NO. 23 — AC '., PORTLAND,
O NT
STEVENS-NESS LAW PUB.O(.. PORTLAND,OBH.
�/ j ss.
County of_..._,k-----4- ----------
BE IT REMEMBERED, That on this---------3,1-------------day Of------/AlfY f -----------------------------------.-, 1964 ,
before me, the undersigned, a Notary Public in and for said Count and State personally appeared the within
named ------------------HENRY_-C_ DIEKMANN_-and___CLARA_H._.-I)IEKMANI�
-------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------_!------ ----------------------- ------------------------------•-----------------------------------------------------------------------------------------------------
known to mZj,t&1Yte identical individual.---g described in and who executed the within instrument and
acknowlei4to fh '_ 11 ,y_______________executed the same freely and voluntarily.
'• ": IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
.,�� � �fir,.°" ���„ •-��-�;. ,.�;.-�,,,.y 1tiZ •r•'.� �,�t•�`
------------------------------------------------------------------------------------------------------
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Notary Public for @"en.California
r,
ntmmission expires----------------------
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July 16, 1964
Dr. William T. Lawrence
215 S. X. 87th Street
Portland, Oregon
bear Doctor Ler+wrrence x
We are enclosing City of Tigard's check nuAbor 195
in the amount of $168.00for the *war ea somient.
The aeuthorieattion for payment instructs the check to
be forwarded to you. In turn, you are to send the check to
the Matmry brothers, 12345 S. W. grant Streog, Tigard, Oregon
and they are to forward the check to Henry C. Uiekmann at
2939 N. Brighton;, South Sara Gabriel, California.
We are sending a copy of this letter to the MaRtneys
and. the Diskmanns.
Very truly yours,
Cwt' OF 'TICARD
CITY 1RSCOR.
TO: THE CITY OF TIGARD
AUTHORIZATION FOR PAYMENT
This is to authorize and direct that the consid-
eration for a sewer easement deed in the sum of $168.00,
to be remitted as soon as the title examination has been
completed, shall be drawn payable to:
"Zane Matney and Herbert Matney, Henry C.
Diekmann and Clara H. Diekman, William T.
Lawrence and Minnie T. Lawrence"
Said draft shall be forwarded to Dr. Lawrence and in
turn by him to the Matneybrothers, and thence to Henry
and Clara Diekmann to apply against the deferred balance
of the Diekmann to Matney contract.
w 41
t, t ti
, l fi ill1au "Lai(tence-1
Minnie T. Lawrence
,,Zane Matney'
H ert Mia
Henyy/' C. Diekmann ✓
+
Clara H. DIelcmann
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til•
OLDEST
TITLE CO. t,
MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE
315 S.W. FOURTH AVENUE 11472 S.W.CANYON ROAD • BEAVERTON, OREGON 918 MAIN STREET
PHONE • 22-9931 TELEPHONE MITCHELL 4-1194 OLIVE 6-2651
PORTLAND,OREGON HILLSBORO MIDWAY 8.4438 OREGON CITY, OREGON
2
Frc,d—ri ck, '=,ndlersonl attorney
Ti ,7ard, urerlon
<e: 7ieckrriann
Dear Ji ri:
l)rer)arer to issue our certificate coveri n':-?:
iro c rty cS described in c�CSerileni. reCOrC•`L±1 Juna 1 �y 1 �'s '4 n i eed
-' .' f✓o''::
51 _�, "a-j e 2 5)J'-,
showi n I ti t I e o June 15, 1164 at 5- :00 o c ock i-''.t"!. veste0, i n:
U. 'DIECli lrliiN and CL '1:\L' H. ) IECKh'irl.°<<l y�,
an estate: in fee simpie //` �,
as tenants by theent� rety �)It� �t;
subject to the usual printed exceptions, and /(�
1 . 1962-63 taxes, $200.36, plus interest, unpaid. (2S1 234 2000 21-24)
2. 1963-I4 taxes ,
$205-80 plus interest, unpaid. (2S1 23.1 2000 2?-24)
3. Tigard City Liens , if any.
4. R i ahts of public in and to that part of the herein descri br:d �,->rei,;i ses
lying within the boundaries of roads and highways .
5. i�iortnan eY i nc ludi na the terms and provisions thereof, {liven by H^nry
C. Diekr-:iann and Clara H . Di ekrnann, husband and wife , to kiJi l l i err; T.
Lewrence and hi nni e T. Lawrence, husband me wife, dated June 6, 1950,
recorded June- 12 , 1950, in Piortgage 3ook 245, mage 116, to secure the
payment of z"57347.40.
6. Easement, including the terms and provisions thereof, granted 'Co
Portland General Electric Companv, recorded March 16, 1959, in Creed 3ook
415, rage 306 .
7. Interest of Zane lViatney and Herbert Metney as disclosed in easement
shown as Exception iso. 6, above.
Frederick .Anderson, Attorney----------2 Order No. 3046'74
0. Easements and' right of way, including the teras and provisions
thereof, granted to the City of Tigard, recorded June 1 5, 1q'4, in Deed
Book 515, Pyne 254.
Yours very truly,
PACIFIC TITLE PISU;�ANCIE CC).
Inashington County Bra
By G�
J;--I:mcs James A . Parker
P^C I F ! 7,l TLE-I N SURA Pd C E
WASH. C,`�
THE SKETCH BELOW IS MADE SOLELY FOR THE PURPOSE OFASSISTING
IN LOCATING SAID PAEMiSES AND THE COMPANY ASSUMES NO LIABILITY
FOR VARIATIONS, IFANY, IN DIMENSIONS AND LOCATIONS ASCERTAINED
BY ACTUAL SURVEY.
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STATE OF 0RF3(3 N
County of Washington. ( sa oy
)) 1
I, Roger Thomssen, Director of Records and
Elections and Ex-Officio Recorder of Conveyances
for'said county, do hereby certify that the within
instrument of writing was received and recorded
in book
----- -- — ---= -=--- -Jf—
in the Records.aj.--------------_------ —
of said County.
i
Witness my hand and seal affixed.
' ROGER THOM� Director
------- - ------ -----------------------
JuN 15 3 o5 P44 "I Deputy