4734 ~ Hunziker Street cwt `
f+.
s.
December r 8, 1971
Mr. Roger Thomssen
Director of Records Elections
Washington County Court House
Hillsboro, Oregon, 97123
Re: Sewer Basements# T & W Equipment Co .
& Joseph M. Fought
Edwin 14. +eKonin�;, J
Dear Mr. Th+ sssen;
Please record the enclosed easements in the Washington
County Deed Records. Our check to cover costs is is
attached.
Thank you for your assistance in this matter.
Sincerely
Doris Har tig
City Recorder
enc.
Project:
Easement:
Book & Page # :
4734 Deed Reference :
KNOW ALL MEN BY THESE PRESENTS : That we Edwin W. DeKoning and
Patricia N. DeKoning hereinafter termed grantor (s) , in consideration
of the sum of $1.00 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, 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 basement area, but reserving to
the grantors the title to the lands , subject to the ease-
ment, 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
ten (10) feet on North side of Hunziker road within the
following designated premises :
Centerline Easement Description
Beginning at an iron pipe which lies South 820 301 East
335.68 feet from a stone at the Northwest corner of the
W. W. Graham Donation Land Claim No. 39 in Section 1,
Township 2 South, Range 1 West, of the Willamette Meridian,
Washington County, Oregon; thence South 120 12 ' West 844. 2
feet to an iron pipe on the Northerly line of Hunziker Rd;
thence South 600 51 ' East, along said Northerly line , 185
feet; thence North 290 09 ' East 5 .0 feet to the true point
of beginning of said centerline; thence South 600 51 ' East,
parallel with the Northerly line of said Hunziker Road,
265 feet to the end of said centerline.
Parcel Description
A parcel of land in Section 1, Township 2 South, Range 1,
West W.M. , Washington County, Oregon,
Beginning at an iron pipe which lies South 820 301 East
335. 68 feet from a stone at the Northwest corner of the
W. W. Graham Donation Land Claim No. 39 and going thence
South 120 12 ' West 844 . 2 feet to an iron pipe on the
Northerly line of a 40 foot wide public roadway; thence
continuing South 120 121 West 21 feet to a point on center-
line; thence on centerline South 600 511 East 477 .5 feet to
a point; thence North 12° 121 East 21 feet to an iron pipe
on the aforesaid Northerly line of the roadway; thence
continuing North 120 121 East 1021 feet to a stone; thence
North 820 301 West 458 . 3 feet to the true point of beginning
and being the same land conveyed to Thomas W. Saddler and
Minta Saddler, husband. and wife, by Deed recorded in Book
166 , Page 71, Records of Washington County, Oregon.
Page 1
Easement
SOK 846 PAGE 625
4? 34
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 work-
manlike condition. The City agrees that in connection with its use
of the perpetual easement area and in inspecting, repairing, maintain-
ing, 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 S't" day of—,419 ( .
01
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the mortga e lien on the above described
properties is hereby made sub o inate to the easements above granted.
Dated this day o sGr! 19
the Rd N'ari nal Bank of Oregon,Portland
Mortgagee
r
By 41e
Title
STATE OF OREGON )
) ss .
County of Washington )
On this 1st day of September 19 71 , personally appeared
the above named Edwin W. and Patricia N. DeKoning
and acknowledged the foregoing instrument to be their voluntary act
and deed.
Before me:
7
X2
No ary Public for Oregon
My commission expires :
Page 2
Easement
PnoK 846 PAP,F 626
V,
STATE OF OREGON 4734
) ss.
County of On this day of '19—
before me appeared and
both to me personally
known,
- n
eig duly sworn, did say that lie, thesaEd
is the President, and he, the said
is the Secretary of
the within named Corporation, and that the seal affixed to said instrument is
the corporate seal of said Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Directors , and and
acknowledged saidinstrumentto be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed my official seal the day
and year last above written.
Notary Public for Oregon.
My Commission expires
ACCEPTAOCE
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:
r4ayd1v
By:
City IRYcorder '
APPROVED AS TO,_X-ORM THIS DAY OF 1971.
B
STATE OF OREGON
) ss. Ci Corney, City of Tigard
County of Wash; nqtQrL )
On this 6th day of peer 196/71 , before me
appeared Daniel L. Larsen and -Doris Hartia
both to me personally known who, being duly sworn, did say that he , the
said — Daniel L. Larsen is the Mayor, and he, the said
Doris Hartiq is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Daniel L. Larsen —and Doris HarLicr
acknowledged the 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 year in t;h��'.,
ay cqveificate first written.
Notary Piu—bl-i-c' for Oregon
My Co fission expires
Page 3
riled im seewd r M.
Easement
JtCX=TWU89EX,'Z11waW of &*=We & 000ions .
............
BOOK 846 PAGE 627
�7
STATE OF OREGON
ss Gam"
County of Washington
E, Roger Thomssen, Director of Reco x' ',`
-"
and Elections and Ex-Officio Recorder of Can- —;r.'
veyonces for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records
No. ------------------ ------------------------------
of said County
Witness my hand and seat affixed.
ROGER THOMSSEN, Director of
Records & Elections
-r"(V
Deputy
twrja
f
BY TRIAL:
t,c, v it T
.fwI`l,.C`.a ',ia 11 . 1.)c`a'.f';ni aa. P!i'.'C'Ion Frur t: r" ..'1+n (a) , 1..1, ann! I at',r I in,,,,
. i
ca
of the sum of $1 . X1:1 he poi t1.. i..7J CITY (, TTG, P a , a mus , C..,1 iy,l•,.
corporation of. orcyca , hcroinaftcy Lrrticl the City, Mychy Cj.'-<.•nk,
t)a Ej•_;.i,` null an !','1!'L.7' unLo the i c 0 ' `�. l..t . , i! a pr. y- L t_t%il Y lgh t: -
_ `"1 it _
of-. Y;i y and C:<?;io'1 _...d-t k i.tp hE'1'e i u f.i.ur A'.,, ..... lbed , , ni i.'llt.:.(` w i_tL �,
temporary r_1_g .t 'C:i. .< and -i1i,t. •I..%.> n ',4'. an anClUoral a.i:Ei i:l
hereinafter ter C3.e!_1C:1"i':ied and. designated tee it;2r%:1ry C ast?_i:F}nt, ! or the
following uses ond, purposes
1 . Perpetual easement :
An pe:,.;pet tc nj right -of--'way and E'.a`.:"t''1'ent for
the purpose Cut constructing, re ",olds 1=r;.':i..:lnC , C?i.'t" ? tf t_r pq
maintaining, inspecting and rep Aring of an un.dorc;rc,un-,-i
sewer line and appurtenances , tDget-ber with the right tc
remove, as necessary , l tr - ,t . o 1, fC_1= getrees TI & otl Cr
obstructions Within the E_'c:f.":eI,ti_•nt area, but reserving to
the grantors the title to the lands , subject to the east -
ment, ci7id t[ie right to mai'.0 Enci use teal .re f c: .Cep't. to
const'.ruct. buildings , as will not int ; r'lC:re with the US- wt
and purposes of the easement ; said ea`1».:'.?;'.nt area being
ten (10) feet on North side of lunziker road within Lhe
R
following designated p1_e i ses .
Centerline Easement Description
Beginning at. an iron pipe which, lies SC.r?;tth 820 30 ' Last
335 . 68 feet from a stone at the Nort.}->c-rest corner_ of thc-
W. W. Graham Donation _Gana C;.T.A No. 3''1 in Section 1 ,
.Oikrl:iillp 2 ,f.`iC>ut:rl, R<.YIC .., -a- West , C7t the Willanatte Meridian,
Washington County, C}Yelton; thsnso South 120 12 ' West Buz . 2
feet to an _.ron pipe: on the Northerly t~herl.y line of Hnnz i ker Yd;
1ieC.,-zC SCULL 60 5 Qt6aL, e%.iwnj 6ala 141.x._ L.-A:C.-ii, -Line , A5
feet; thence North 290 09 ' East 5 .0 feet to the true pn3 n.';.
of beginning of said celite line ° thence South 600 51. ' Ez st,
parallel with the Northerly lino of said. Hunz:iker Road,
265 feet to the en l of said centerline ,
Parcel. Description
A parcel_ of Land. in Section 1, Pownship 2 South, Range 3 ,
West W.M. , Washington County , Ocegon,
Beginning at an iron pipe Which lies South 820 30 ' East
335 . 68 feet from a stone at: die Nort}-1west corner of the
W. W. Graham Donation. -t_Knd. Clain No. 39 and going thencc
South 1.20 1.2 ' West 844 . 2 feet tD an iron pipe on the
Northerly line of a 40 foot widn public roadway; thence
continuing South 120 12 ' Wast. 21 feet to a point on center-
line;
enter-ling:; :.hence on ccnterline Souti Coo 51. ' Past 477 . 5 feet to
r a point.; thence North .t_20 12 ' East 21 feet to an iron pipe
on they aforesaid Northerly line of the roadway ; thence
conti.rJitlilc_, NoxLh 120 12 Last 1 )21 feet to a zt:-onn ; Lharce
Forth 020 30 ' West 052. 3 fact tD the true point of begirn.ing
and baAng the same land convoye 1 to Thomas W. Saddler and
Minta ;nddler, husband and wife , by Deed recorded in bock
166 , P> gc 11. , Record; of Washiniton County, Oregon.
Page 1
Easement
C
jSJc3Al_�,J. J.
r)f ".-I ie }.J:.,"}.. .'.=,J<i C,...,_)' .'J l.{ i1'i"s.. ;:� iJ i.
cae V,_...._ _. ! 1) , ( tlt.. , L'C�i 4'J 1._�.�. �..'.c _. ?: !::
7.Y1 c� Y"'s :c'C: ?)1 `v!')L� _:1:,il. .J.}CCl cc-In'. 1��:J, C.'Yi and, 3 l � ' i -t' C'i_.Y.;. .__.i!�j
Y c x r a_ 7 1_'.,_
r- lA t, t;ha t-ji i c:,.re the- in i:fee s
t L g `":aY"At }:i7C.' c v':. d :`.rJh'> e" '7 C1 e I.I.I s,
W1.L. 1r e;S JU1 I1;_. 1 is anc7 5eal.s -Llfii'` _ ! _._dav ClL SAb t__.__
(Sr,A[i.I (S1L7\_L)
(SUr2 1,
For a cons idera--ion p the mortgage lien cn the above described
properties 7_s h,,re_by maW-0
d_Y.na-Le tc the easemc–.:nts drove granted.
Dated. this day of
The First-National-Bank of"Oregon,Portland
By 9
T 1.t 4-2—
STATE Ot OREGON )
) ss .
County of Washington � )
On this 1st_ day of _ September 19 71_^ , personally appoared
the above na3ueu Edwin W. and Patricia N. DeKonin
and acknowledge3 the foregoing instrumer.t to be their voluntary act
and deed..
Before me:
No .y Pu')iic for. Oregon
My cC;.t-ti-;is 1 or expires :
Pace 2
Easement
ANDERSON &
Attorneys At Law
8865 S.W. CENTER ST.-P.0, BOX 23006
Tigard, Oregon 9/1223
MEMORANDUM TO: City Administrator, City of Tigard
FROM: Fred, A. Anderson
SUBJECT: SEWER EASEMENTS DeKoning, and T & W Equipment
& Joseph M. Fought
Date : November 8,1971
(1) 1 have reviewed the proposed DeKoning easement to the
City as to the legal form thereof and find that it is stated in
form substantially equal to that previously prescribed by this
office and is satisfactory, assuming that the description conforms
to the City's requirements for easement rights .
(2) With respect to the documents naming T & W Equipment
and Joseph M. Fought as grantors, I am somewhat In doubt as to the
intent and purpose thereof; however, as I interpret these papers ,
there has heretofore been constructed an 8-inch sanitary sewer
within the area of the easement and the grantors propose by their
deed to transfer ownership of the sewer to the City, and have exe-
cuted an easement on the City' s usual form covering the area tra-
versed by the sewer line.
If I have interpreted this correctly , I have no legal objec-
tion to the documents.
You recognize, of course , that documents such as these ,
should be recorded in the Deed Records . Before doing so, I suggest
that perhaps I should review with Mr. Thompson the entire project
to see if there are any hidden problems .
Fred. A. Anderson
FAA:cb
Encl.
September 29, 1971
Mr. E,V. DeXoning
UrSNR Forest Industries
P.O* Box 23038
Portland, Oregon 97223
Dear Mr. teKoning s
This letter is to confirm my conversation with your
secretary, Janice Darnard, requesting a maintenance
band in the amount of 6 of the cost of construction
for the sanitary sewer easement along S.W. Hunsiker
Street.
This is necessary before the easement can be submitted
® to the City Council for its acceptance.
Sincerely,
Keith C. Thompson
Director of Public Works
XCT1rb
—---—-----
U S N R FOREST INDUSTRIES
September 13, 1971 SEP
CITY
W
Mr. Keith Thompson
City of Tigard
Tigard, Oregon
Dear Mr. Thompson:
Enclosed are two copies of the easement agreement
between E. W. and Patricia DeKoning and the City of
Tigard which have been signed by the DeKonings and
the First National Bank.
Would you please have this agreement executed by the
City of Tigard and return one copy to Mr. DeKoning.
Sincerely yours,
'7?
r
,Janis Barnard
,Secretary to E. W. DeKoning
Enc.
P 0 BOX 23038 PORTLAND, OREGON 97223 / 6900 S.W. HAINES RD. (503) 6398837 or 639-2191 TELEX 36594
a division of u.s. natural resources, inc.