176 ~ Hall Boulevard 4WO
Number: 105
176 Deed Reference: B 544 P 8
KNOW ALL MEN BY THESE PRESENTS: That we:R)_Frzd,_W.. Fi elAs-and_R_-Suzanne—
Fields, husband and wife, contract purchasers of the following
described premises, ari6l the unele-l.sl.o'necl -parties at: Intcrest:
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, together
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, recon-
structing, 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, Vftr 'reserving-tv the-gra*mr the-title to the—inn—is,
-sob4(wli-4o-the.ease's%oatr*md_Qw-rigUt-to 4wko.*" to-oaustruat"UdkWs,
-a&w4l-ne�6 iii4e#f-epe-m4tk 4ke-106S.OA4 pur"(w-of Aheeasaiaaw* said easement area being--
,feet mmasurect Vftk9ht-m91rs-, of-tfie-feHowing-degeribed-ee4Aer-0%e-within the
following designated premises:
All that portion of those certain lands described in
instrument of record in Book 544 at Page 8,14ashington
County Deed Records, lying parallel to, westerly of, along
and within ten (10) feet of the westerly right of way line
of the Oregon Electric Railroad; the sewer pipe line shall
be laid within that portion of the easement area lying
within six (6) feet of the Westerly right of way line
of
Oregon Electric Railroad; RESERVING to the grantor the right
to construct, use and maintain roads, fences and railroad
trackage on, over and across the easement area, together
with the right to construct buildings within that portion
of the easement area lying Westerly of a line drawn parallel
to and six (6) feet Westerly of the Westerly right of way
line of the Oregon Electric Railroad.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress, and use for sewer construc-
the westerly line
tion purposes, of additional lands lying parallel to, along:KOMI= and within-20•0 -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.
BooK, 580 FAf,,F.313
176 SPECIAL CONDITIONS:
1. The grantors, their heirs, successors and assigns shall, with
respect to any sewer service connections to the said sewer line to
be constructed within the easement area to serve grantors, property,
of which the easement area is a part, bear only the usual prescribed
and effective connection charges, or such connection charges as may
be negotiated with the City without surcharge for the benefit of any
other person or party.
2. Should the elevation of the sewer line in relation to the exist-
ing elevation of the Oregon Electric Railroad bed, at any time in the
future, require lowering to enable the construction of spur trackage
on the easement area, the City agrees to lower the sewer line to the
extent necessary to enable the construction of spur trackage.
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--7---"' day of,
(Seal)
---(SEAL) —(SEAL)
Vri—ed, W. 'Fields
SSLN _(SEAL)
- Fields SEAL)
,nS anne
--(SEAL) (SE
Y-�
LaWra. C. Johiri, Atty 1_n fact
For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the
easements above granted,
Dated this----day of—
SPEI,SLU NOTE:
Art'nu.r G. Ames Q': Elsie I". Ames are
husband i': wife, Alfred T. Sulmonetti Mortgagee
Jeanette Sulmonetti are husband Jw, wife,
Thomas 14. Tuve and Katherine A. Tuve
are hus'L-Jand F:c Tille Zure'l1e:C is a
sin,,"Ie Person -r,. Rees C. johnsori 4-s a
single perspoll. Title
STATE OF OREGON,
County of WashiWashington ) ss.
I
On this...--. r"FAday of.. personally appeared the above named
—Fred. W.-MLeUs -and-HL--Suzanne Fields,
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
.4
-2
My Commission expires:—�Z -
goon 580 PAf;E.314
4W
176
FORM NO. 23 - ACKNOWLEDGMENT
STEVENS-NESS LAW PUB.CO-PORTLAND,ORE.
STATE OF OREGON,
ss.
County of-------Washington-----------------------• ........--.day of-..--_ ------------- .........
19
BE IT REMEMBERED, That on this.............
before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within
named ..Kat-her-ine-A.
Johnson, as attorney-_---in fact for Rees C.
Sulmonetti and Alfred T. Sulmonetti, Laura C. __ -------- _---- -------- ---- ---
............................Alfred ----------------- ----------------- ------------
Johnson, ano,;Els�e W. Ames .... ....... --------_....................................-------------------------------- ---------
known t6:Me`( rb"*the,identical individual--4-- described in and who executed the within instrument and
-------------J_� - .9.. O',� �, ,
t ted the same freely and voluntarily.
acknow4tr0ei to th't� ey------------ - executed
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official SeSpPlhe day and year I abov written
------------
Notary Public for Oregon.
19 1969
MY Commission expires--- ..........•-...-----
I
FORM
...-----FORM NO. 23 - ACKNOWLEDGMENT
STATE OF OREGON, STEVENS-NESS LAW PUB.CO- PORTLAND.ORE.
as.
County of-------------W-a-Sh-iyj' tCFT
T---------
BE IT REMEMBERED, That on this-------------i....._-- ---day of-------------De_c_emb_e_r........................9 lq_A5_,
before ine,-.the undersigned, a Notary Public in and for said County and State, personally appeared the within
................................._----------------- --------------------------------- ..................
named ---------------
--------------------------------------------------------------------------------------------------------------------_---- ---------- -------------- --------------
_.-»------------------------------------------------------------ -------------- --_--------_--- --------_--------------------- --------
,inQwn t;pl�le'lf be the identical individual_----. described in and who executed the within instrument and
1 111—
aC)Movkea&ed fiijxie that...-....__1!a_-----___---executed the same freely and voluntarily.
� � 1) EOF, I have hereunto set my hand and affixed
IN TESTIMONY
!TK
in f cial sea] the day and year last above written.
day
------- ------- ------- ----------- ---------- --------
Notary Public for Oregon.
-------_------------_
My Commission expires.---2J_i -----------------
FORM NO. 23 - ACKNOWLEDGMENT
STATE OF OREGON, STEVENS-NESS LAW PUB.co..PORTLAND,ONE.
1-7a shin ton, ss.
Countyof.......-T.. _------------ __----------------------
BE IT REMEMBERED, That on this_..._..--- -__day of---.December
- ------------------......................... ......
before me, the Undersigned, a Notary Public in and for said County and State, personally appeared the within
named _.........
...........-1•-----•-••-----•---•••-• .........------------------------ ........-------------------------------------------------------------------------
I
-------- ----------------
--------------------------------------------------I—------------------I----------------------------------------------------------------------------------------------------
known' .me to be the identical individual._._.- described in and who executed the within instrument and
j acknowledged t'O.'_,me that__......_S119..........executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
"0 ficial seal the day and year last above written.
*
Z_-
Notary Public f r 7?rK#on.
My Commission expires---------27............
--------------- ----------
4 t THIS AGREEMENT, ;Made this qday of A 1965
becween T. M. TUVE, husband of Katherine A. Tuve, JEAN'E'TTE
SULMOt$f.TTI, wife of Alfred T. Sulmonetti, ELSIE W. AMES, wife of
Arthur"' G'. 'Ames, and R.EES C. JOHNSON, a single man, hereinafter
termed Sellers, and FRED. W. FIELDS and H. SU7_4.WNE FIELDS, husband
and wife, hereinafter termed Buyers, as tenants in common each an
n-
undivided one-half interest and not as tenants by the entirety or
as joint tenants,
Z
W I T N E S S E T H
That in consideration of the stipulations herein contained
and the payments to be made as hereinafter specified, the Sellers
hereby agree to sell to the Buyers, and the Buyers agree to pur-
chase from the Sellers, the following described real estate , sit-
uate in the County of Washington, State of Oregon, to-wit:
PARCEL I: Beginning at an iron pipe at the re-
entrant corner on the south line of the
W. W. Graham Donation Land Claim 939, Township 2 South,
Range 1 West of the Willamette Meridian, Washington
County, Oregon, and running thence Nnrth 1027' East
1020.7 feet to a square iron at the northeast corner
of Edgewood; thence North 89°07' West along the north
line of said subdivision 151.1 feet to a corner of that
certain tract of land conveyed to R. and Sophia Munziker
by deed as recorded in Deed Book 90 page 271; thence
North 4°13' East along the property line 597.1 feet to
the southwest corner of that certain tract of land con-
veyed to the Oregon Electric Railway Company by deed as
recorded in Deed Book 83 page 163; thence South 43`44'
East along the southerly line of said tract of land
400.0 feet to the most easterly corner thereof; thence
South 41°35' East along the southerly boundary of the
Oregon Electric Railway right-of-way 1796.9 feet to an
iron pipe on the recognized south line of the said
W. W. Graham D.L.C.; thence North 89°23' West on said
recognized south line 1387«8 feet to the place of begin-
ning.
PARCEL II: Beginning at the northwest corner of Lot 2
of Ed ewood, in Washington County, Oregon,
and running East 13.24 chains (873.8 feet) to the north-
east corner of said Lot 2; thence south with the east
boundary thereof 30 feet; thence west 2.68 chains (176.9
feet) ; thence North 79°30' West 0.827 chains (54.6 feet)
to a pipe 3/4" in diameter; thence West 9.80 chains
(646,8 feet) morq or less, to. the west boundary of said
Lot 2; thence with said west boundary, north 20 feet to
the place of beginning;
P:OItWTV
rstit Grp f F i j ii rie`r Fµ 44,
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STATE OF OREGON CA ss
County of Washington lak
1(` I, Roger Thomsen, Director of Records and
I Elections and Ex-Officio. tecorder of Conveyances
for rsaid county, do hereby certify .that the within
insttument of writing vzjas received and r corded
, in boob Y/�
in the Records of
of said County:
Witness my h nd and'seal affixed.
ROGER THOMSSEN, Director
Deputy
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