10352 ~ Johnson Street 10352 Deed Reference:Bk.347 p.202
KNOW ALL MEN BY THESE PRESENTS: That ROY J. SHAW and
ABEL H. SLAW. husband and wife
, hereinafter
termed grantor, in consideration of the sum of $ 159.75 , 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, main-
taining and repairing of an underground sewer line,
together with the right to remove as necessary,
vegetation, foliage, trees and other obstructions
within the easement area, but reserving to 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 ease-
ment. Said easement area being five (5) feet on
each side, when measured at right angles, of the
following described centerline:
In Tax Lot 2300 NE1/4 NW1/4 Sec.2 T2S R1W 2S-1-2BA:
TRACT I: Beginning at a point on the westerly line of that
tract of land described in Book 347 page 202 Deed
Records of Washington County, Oregon, said point
being S 23'50' W, 60.0 feet from the northwest
corner of said described $roperty; thence southeast-
erly on a bearing of S 64 22' E, 211.5 feet more
or less to a point on the easterly line of said de-
scribed property, said point being S 29' 32' W,
24.4 feet from the northeast corner of said de-
scribed property.
2. Temporary Easement:
TRACT II: 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 above described, excepting and reserving
to owners the unimpaired enjoyment, use and preserv-
ation of all structures and fruit trees, if a
BOOK 8y1*5__mE?M
10352 SPECIAL PROVISIONS
1. The rights hereby granted are subject to the requirement that
in connection with the excavation for the sewer line, the topsoil
shall be separately banked from the underlying sand and subsoil,
and in refilling the trench the topsoil shall be replaced on top.
i 2. That the willow grove and small park area at the northwest
corner of grantors ' lands, and located outside the perpetual
i easement area, shall not be disturbed, nor shall the overhanging
limbs of the willow trees be severed or impaired.
E
3. The existing surface pipeline crossing the easement area shall be
disconnected at the unions, laid aside undamaged during work period
and the existing pump and flexible waterline shall be stored in
grantor' s shop during work period and both pipeline and pump shall
be re-established within one week after disconnection; similarly,
the overhead power line shall be removed and re-established. No
j entry shall be made upon other than the easement areas except in
6 connection with the requirements hereof with respect to said pump,
waterline and power line.
BOOK 515 PAGE 240 .
10 35 2 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.
1964.
Witness our hands and seals this day of
s1Z..-T
(SEAL) ''C (S
EZ
(SEAL) (S�
(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 1964.
Mortgagee
By
STATE OF OREGON, ) t e
County of Washington ss.
On this day of , 1964, personally
appeared the above named
ROY T GNAW and TGARFT u RHAW-
and acknowledged the orego ng nstrument to a ter vo untary act
and deed.
ti �.�•�4s ore me:
CZ) 1 - �" ' otary u c or regon
w
My commission expires: ? 'i
BOOK 515 PAGE 241,
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:rs 24" Sanitary Sewer Easement City of Tigard
a Roy J. Shaw ta Isabel H. Shaw
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SINE 111111Ete 64-3
STEVENS IIIOkSIINC
Gam! G�A7. PORTLAND ,__ SEATTLE—
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10.352
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STATE OF OREGON *40
County of.Washington ))
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I, Roger Thomssen, Director of Records and e
Elections and Ex-Officio Recbrder of Conveyances
for said',county, do hereby certify that the within
1 instrument of writing was received and recorded f
i in book
�.5
in the Records of _
a of
said
Count
i Witness my hand and seal affixed.
T IOOMMSSEN, Director`
a ROGER7CX
Deputy
juNi5 3 05 PM '64
I=R�E�icK A. AND
ARQRheY AT LA
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AAs. 94121 P, b. BOX dam,
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OREGON'S ,
OLDEST : >
TITLE CO. aR 1 W�
foIol• of
MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE
315 S.W.FOURTH AVENUE 11472 S.W.CANYON ROAD • BEAVERTON, OREGON 918 MAIN STREET
OLIVE 6-2651
PHONE • 222-9931 TELEPHONE MITCHELL 4-1194 OREGON CITY, OREGON
PORTLAND,OREGON
HILLSBORO MIowAY 8.4438
Frederick Anderson, Attorney at Law order No. 304667
12o35 S . F;. =eci fi c highway June 13, 1964
Tigard, Oregon
e: Shaw
Dear Sir :
1We are nreoared to issue our certificate covering:
Property es described in easement recorded June 15 , 1964, in Jeed book
515, Page 239,
showing title on June lu, 1964 at ; :00 o' clock vested in:
oY J SN ..dand ISA3EL H. SHT4 r V /(///''//''
an estate in fee simple
as tenants by the entirety Lit,
` c
subject to the usual printed exceptions, and L
ty
1 . Tigard City Liens : 1.a
tt(i
Sewer assessment - Lot 14 and Part of 15 , $2.47.31 , as of ;ley 3, 1964.
Lot 15 , ;;594 .91 , as of i-Hay 3, 1904.
2. Rights of riu bl i c in and to that part of the herein described premises
lying within the boundaries of roads and highways.
3. Right of way and easements, including the terms and provisions thereof,
granted to City of Tigard, recorded June 15, 1904, in Deed 3ook 515, Prue
239.
Note: 1963-64 taxes, $463. 56, paid. (2S1 23A 2300 23-24)
Yours very truly,
PACIFIC TITLE INSU r " 2E Cu.
Washington County rand
JP:mcs James A . Parker
.�
PACIFIC TIT'L'E INSURANCE
WASH. CO.
SUB-DV.
SEC.;,r .',
THE SKETCH BELOW IS MADE SOLELY FOR THE PURPOSE OF ASSISTING
IN LOCATING SAID PREMISES AND THE COMPANY ASSUMES NO LIABILITY
FOR VARIATIONS, IFANY, IN DIMENSIONS AND LOCATIONS ASCERTAINED
BY ACTUAL SURVEY.
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