17115 ~ Grant Avenue 1.7115
o e ORIC4NAL
Easement:
Deed Reference:
KNOW ALL MEN Bir THESE PRESENTS : That. we (B)
J.A. ROBERTSON and ODETTE A. ROBERTSON, husband and wife
hereinafter termed grantor ,s.0 , in consideration of the sum of $ 1.00
to be paid by CITY OF riGARD, a municipal corporation of Oregon, herein-
after termed the City, hereby grant, bargain, sell and convey unto the
CITY OF TIGARD a perpetual right-of-way and easement as hereinafter
described, together. with a temporary right-of-way and easement to use
an additional area hereinafterdescribed and designated temporary ease-
ment, for the following uses and purposes :
1. Perpetual easement :
An e encembered perpetual tight-of-way and easement for the
purpose of con rue" in'g , reconstructing , operating , maintaining,
inspecting and repairing of an underground sewer line and
appurtenances , ' )ge u;!Aer wi th the right to .remove' as necessary,
vegetation , foliage, trees and other obs't,ra t.icns within the
easement are , hut r.e 3e rving to the grantors the title to the
lands , ee,b]ect to the easement , and the Yiqht to make such use
therco°: , except to construct buildings ,
as will not interfere with the uses anu .r p;cses or the easement;
said <e s..rnent. area being 6.00 fret on c:.,.:., oido , when moa-
cured ;a* right ang"'c.a , or the following dc:eel ih d center lino
=.. described as follows:
Beginning at a point on the northwesterly line of Lot 33, North Tigardville
Addition, a plat of record in Section 2, Township 2 South, Range 1 West,
of the Willamette Meridian, Washington County, Oregon, said point bears
South 45° 00' 00" West, 179. 77 feet from the most northerly corner of said
Lot 33; thence South 45° 00' 00" East, 15.00 feet, to a point being the
terminus of said easement. Said easement being 5.00 5feetfon each si , wj centerline.
measured at right angles, Qf the herein describedng
(The designated property is 4(-e4;-'+« in attached survey by Pettijohn
Engineering Company, Inc. dated January 10, 1975.)
2. Temporary easement,: None
Together with the temporary right of ingress , egress , and
regress , and use for sewer construction purposes , of additional
lands
lying parallel to , along the side and within
feet , when meaa. ured. -at right angles, cfGgthe above described
perpetual easement area , excepting and reserving to grantors
the unencumbered enjoyment , use and preservation of all struc-
tures present upon the premises This temporary easement shall
te:r:re nate 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
BOOK.1039 PAGE 332
ingot' *NO
1.71.16
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.
Wil ss our hands and seals this /2/ day of A - - , 19j .
c
//(a L/ .�; �-_� (SEAL) (SEAL)
— J. ' . 'OBERTSON'`���
7 �' r tiL, (SEAL) (SEAL)
TTE A. RO ERT SON
(SEAL) (SEAL)
For a consideration, the mort_q(i(w lien on the above described
properties is hereby made subordinate Le the easements above granted.
Dated this day of , 19
Mortgagee
By
Title
STATE OF OREGON )
) ss .
County of / ,'„, _ )
On this day of , 19 L>.._S , personally
appeared the above named
Alard yl
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
.71/6 .7,4(
Notar`�`•u• is for Oregon
My Commission expires : 7/2-76/./ -
Page
,%
Page 2
Easement
BOOK 103nn c�n�c�
c9 PAGE 333
. 17115
STATE OF OREGON )
) ss.
County of )
On this day of 19 personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
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 TIGARD
By: ------Zi:---7v- ' a --- ,i
Mayo
By: - / - _ './(124P-7,-cc,g
('i L y Recorde
STATE OF OREGON )
J ^ ) ss .
L1)
County of )
On this /iJ day of � Z - , 19k , before me
appeared , :r : i . , and / . ,
both to me personally know who, being duly sworn, •id say hat he , , the
said (A), /39,4„-- .17, ,5 4 o is the Mayor, and he, the said r�o,,,, s
'41_0 rAi is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said (,e', i�ac-c.h ,',� hoz! and C� t_,,s Via A.,-/-
acknowledged the said instrment 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 in t ' s my cert' i ate first written.
1 V t Ct w
J
Notary P lic for Oregon
4 / a / 1q
My commission expires
BOOK 1039 PAGE 334
Page 3
Easement
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17115
triM(ED
STATE OF OREGON
ss
County of Washington
I, Roger Th nSS*en,'"Director of Records
and Electio and.Ex-Offhci ,.;Recorder of
Conveyar es for said county,do/hereby cer-
tify that,"'the' within 'instrumer}t 'of writing
was rec ed and recorded in book of,records.
No
of said takinty. `
Witness rdy hand and Seal affixed•
ROGER THOMSSEINI, Director
c Eiecords ffc '27 4O
1111G 19 41.2p43 ? ;T1
/2 V
CITY OF TIGARD
P.O. Box 23557
12420 S.W. Main
Tigard,Oregon 97223
e,utut Li , 175
Lt. J. ftobertson
do Larry Caugset
Simpson
5th Avenue
ortland, ureon './7204
Deal iT. Robertson:
'!tie City Council at their regular meetinr, on August 11, -.075
ar:ceoZ,ed sewer easement ansi we are enclosing an executed copy or :oac
Li you hay( any questions 1)leas e contact City Pall.
Very truly yours,
Doris harti.;;
City ',Iecorder
T.1:.
Unclosure
(a) City AdMillitratOT synopsized proposed subdivision and recommended City approve
agreement. and authorize executi.on by Mayor and City Recorder.
(b) Motion to accept and authorizeexecution of agreement: Councilman. Cook; seconded by
Councilman Barkhurst.
Approved by unanimous vote of Council.
ACCEPT SEWER EASEMENT AND AUTHORIZE EXECUTION - J. A. & Odette A. Robertson.
(a) City Administrator recommended City accept and authorize Mayor and City Recorder to
execute easement on behalf of the City.
(b) Motion to accept and authorize execution: Councilman Mickelson; seconded by
Councilman Cook.
Approved by unanimous vote of Council.
8. O.L.C.C. APPLICATIONS - P.S. License
(a) Circle K Corporation, 9930 S. W. Walnut, Tigard, Oregon
7-11 Store #2342, 10650 S. W. McDonald, Tigard, Oregon
(b) Chief of Police stated there were no objections and recommended approval.
(c) Motion by Councilman Cook the applications be forwarded to 0.L.C.C. : seconded by
Councilman Mickelson.
Approved by unanimous vote of Council.
9. AMENDMENT TO TIGARD COMPREHENSIVE PLAN. Request by Washington County School District 23-J
to change land usedesignation from "open space" to "retail commercial" on a portion of
the "Old Fowler Jr. High School" site at 12080 S. W. Main Street, tax lot 900, tax map
2S1 2AA.
Public Hearing Opened
(a) Statement of facts given by City Planner.
(b) Public Testimony'
• Proponent
Deb Fennell, Supt. of School District 23-J
Opponents - None
Cross Examination
Councilman Moore questioned Deb Fennell
Public Hearing Closed
Discussion of facts and testimony by Council
(c) ORDINANCE No. 75-39 - AN ORDINANCE AMENDING COMPREHENSIVE PLAN MAP (NEIGHBORHOOD
PLANNING ORGANIZATION NUMBER ONE) WITH RESPECT TO REMOVING THE
OPEN SPACE DESIGNATION ON PROPERTY ABUTTING S. W. SCOFFINS
Page 2 - COUNCIL MINUTES - August 11, 1975