10351 ~ Johnson Street a
Deed Reference:Bk 312 P 563
10351
KNOW ALL MEN BY THESE PRESENTS: That JOSEPH H. SCHULTE
and MARY M. SCHULTE, Husband and wife,
, hereinafter
termed grantor, in consideration of the sum of $ 151.50 , 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 ten feet in width
for the purpose of constructing, operating, maintaining
and repairing of an underground sewer line and one
manhole, together with the right to remove as necessary
vegetation, foliage, trees and other obstructions with-
in 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, subject to the
following conditions: That the grantee shall cause to
have the excavated topsoil set aside and apart from
the subsoil and shall have the subsoil replaced first
and the topsoil replaced at the surface and same shall
be compacted and settled. That the woven wire fence
at each point of entry within the easement area shall
be reconstructed with two barbed wires to re-establish
the pre-existing condition thereof, and during the
construction phase, the fence shall be closed up each
night to preclude the escape of grantors' cattle, and
no entry shall be made upon any lands other than those
hereinafter described with respect to perpetual and
temporary easement rights. Said easement area being
five (5) feet on each side, when measured at right
angles, of the following described centerline:
In Tax Lot 900 NE 1/4 NW 1/4 Sec. 2 T2S R1W, W.M. 2S-1-2BB
TRACT I: Beginning at a point on the westerly line of that
tract of land described in Book 3121, Page 563, Deed
Records of Washington County, Oregon, said point being
120.0 feet northwesterly from an iron pipe, said pipe
being the southeasterly point of the west line which
bears S 13°31' E from its junction with the center-
line of Fanno Creek; thence N 7051' E 79.6 feet to a
point; thence S 64°22' E 114. 6 feet to a point on the
east line of said described property said point being
60.0 feet in a southwesterly direction from a property
corner in the center of Fanno Creek, said comer being
the northerly point of the east line of said described
property, which bears N 23°50' E from the centerline
of S.W. Johnson Street.
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 fifteen feet, when measured at right angles,
of TRACT I above described, excepting and reserving
to owners the unimpaired enjoyment, use and preservation
of all structures and fruit trees, if any.
BooK 515 PAGE236
10 35 1The 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, tress,
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�s
1964. described easements.
Witness our hands and seals this f �� day of
(SEAL) (SEAL)
(SEAL) (SEAL)
(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
Title
STATE OF OREGON, )
s
County of Washington )
On this --�- day of 1964, personally
appeared the above named H SCHULTE and
MARY M. SCHULTE, KVsband and wife,
and acknowledged the foregoing instrument to be their vo untary act
and deed.
SLS;e"...Frt Be me:
'b
' Cootary u c for Orego7n
P•. r �. My commission expires
BOOK 515 PAGE 237
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24" Sanitary Sewer Easement City of Tigard
� ,Ul
Joseph H. Schulte & Mary M. Schulte \\,
64-2
IMO Wag.
SJEYENS J INC. 160411
� PORTL t!1N0 SEATTLE
4;1
STATE OF OREGON 4.0
ss
County of Washington
I, Roger Thomssen, Director of Records and
Elections and Ex-Officio Recorder of Conveyances
for said county, do hereby certify that the within
inttrument of writing was received and recorded
in book
elin the Records of
of said.County.
Witness my hand and seal affixed.
ROGER THOM ASSEN Director
1111
Deputy
JUN 15 3 05 PM '64
SepterTher 2 , 19E4
Stevens and Thompson
P.O. Box 4771
Portland, Oregon, 97202
Attention: Mr. G. R. Meigs
Dear Sir: il
Referring to our telephone conver on th your Mr.
Meigs this A.M. regarding dams. - -one by . - ting in inter_.
ceptor line on Mr. Shaw's an: S hulte' place such as
40 fences, sprinkler system an ,g. 111461 you take this
up with M. & S. Construction a - -ee that this is replaced
as it was in the first - -is was supposed to have
been done but they ha - ,Io ed to do so.
Please let us know wh-t and -n action will be taken.
.
/ ,,.. very truly yours,
i
CITY OP TIGARD
MAYOR
EAW:dh
FREDERICK A. ANDERSON
ATTORNEY AT LAW
12035 S. W. PACIFIC HIGHWAY
P. 0. BOX 6406. TIGARD. OREGON
MERCURY 9-1121
July 7 , 1 9^>F i{.
ir. Ralph Symons
City i.ecorder
City Hall
Tigard, uregon
bear dalp h:
Herewith find the following listed easements wiulc.in have Leen
recorded in the deed records , and with respect to each of Mich
there is a title report showing title vesting in the city of Tigard:
Joseph H. and iary Schulte
S.oy J. and Isabel H. Shaw
=Gerald A . and Charlotte Olson
Zane and Herbert Mat ney, Henry and Clara i)iekmann, William
T. Lawrence et ux
Hay and blanche xicCracken
Floyd A. and Josephine Carlsen
Marion L . and Violet A. Webb
Hobert II. and Hose Heintz
1artin 1). and >nna L. datnan
E. Vernon and C. Joan i:isi:erg
Stan .and Wayne Adkins, Tilzer U. and Francis Hargreaves
and Ainnie Nash
Howe and oce Sim Lee
James R. and Letty H. Hord
Charles and Nary Greenwell .
In addition, I submit herewith deed from Hedvig Lrelin to the city,
conveying a parcel inn fee , with respect to which the $10 considera-
tion therein recited should be paid.
There are certain other recorded easements which have not
been returned from the recorder as yet; however, these will be
submitted as they become available .
On this basis you may pay each of the grantors, and where
there are more thanone, the check should be drawn . ointly. I call
your particular attention to the iiatney-Diekmann . easement, to
which is attached an authorization for payment. I would appre-
ciate it if you would follow these instructions indrawing your
voucher.
Herewith for payment1-acific Title statements on lord, Heintz,
Adkins , and Greenmail .
Fours very truly,
-e-r_-- e'er P - - ---1-...o
--;gr---7.� 1
i'A'\: ew 1.1`ed. .'`ndersort
H.LOREN THOMPSON.P.E.
MARVIN W.RUNYAN.P.E.
RONALD E.RIES.P.E. RINI] N /�/j /(/'�
CORDON EOVOST.A.I.A. INC. '/1N�//Lti/[4/ ` if neeti
JAMES R.BOYDSTO N.P.E. [ I ISI{{..11 `` lV/�'LL (I�
JAMES A.CROM,P.E.
GILBERT R.MEIGS,P.E.
WILFRED D.AMBLE.P.E. INVESTIGATIONS • REPORTS • DESIGN AND SUPERVISION OF CONSTRUCTION
PORTLAND, OREGON SEATTLE, WASHINGTON
63-P-213-C-04 September 3, 1964 REPLY TO: 5505 S.E.MILWAUKIE AVE.
POST OFFICE BOX 4771
PORTLAND, OREGON. 97202
PHONE -(503) 234-0721
The Honorable E. A. Woodard
Mayor
City of Tigard
Tigard, Oregon
Re: Interceptor Sewer
Dear Mayor Woodard: (, %"_ "
Receipt of your letter of SeptT-2;-19-64 regarding the Shaw and
Schulte easements is acknowledged.
Prior to September 2, the resident engineer had discussed
restoration with Mr. Shaw. Our impression is that Mr. Shaw under-
stands that his property will be restored and that he is willing to wait
until the contractor has completed constructing the sewers.
Last night the resident discussed the problem with Mr. Schulte.
Here we have the same impression as from our dealings with Mr. Shaw.
There is no requirement in the contract nor in the subject ease-
ments that complete restoration to previous physical condition be made
immediately after backfilling. This permits the contractor to perform his
work in a more economical procedure and also allows for the possibility
that portions of the line may have to be exposed for correction before the
project is completed. We will not recommend acceptance of the project
in its entirety until cleanup has been completed.
Very truly yours,
STEVENS & THOMPSON, INC.
B /�I c,+
Gilbert R. Meigs
grm/ct
cc - Fred Anderson
E. O. Ferguson
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-
MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE
315 S.W. FOURTH AVENUE
11472 S.W. ANYON ROAD • BEAVERTON, OREGON 918 MAIN STREET
PHONE • 222-9931 OLIVE 6-2651
TELEPHONE MITCHELL 4-1194
PORTLAND,OREGON OREGON CITY, OREGON
HILLSBORO MIDWAY 8-4438
Fre,-: rick ,n(1,',--- rson, ttorney at L.,, ,l cr, 'er
12u23 z) . ' . rcific Hi ,iihway ,1(.1 -1- 1 .-_,, 1
Tijard, reion
,',e. : ,Chu1t
, -.. 1- _ ir :
iF . --,,- ,-ovPrin :
- ,- r -.'... ,.r e,r- r7--,.... -: -,.,.-.., i s s i, 2 our c_.-p. r t . i (-7.:.-, ,,,_, ,_
i ro.yerty ,,.. s c-3,.scri ' - ', in .'s,eut, r,-..,cor,-',,--' Juue 'P
1 ,, e';-, in ; ,-.'ee -kook
515 , ia,-ip 236, coy -tr_ chPh,
, 1ol,,,:in.-1 title on ...'une lu, 1961, , t ) :, - o71c ,-.; H . v-,- st-j in:
.-(.
:-, . -.*. -C1-,ULT-7-..' F-,11"' 1 , ;Y H. SC'FiLLT :. /' ,,,,,r' / "4-.1(7'3
-tr.), es':ate in rca siule „ r Z
7-': tenants ',:v tha --icire ',-_y ttt
sul-riect to the usual printeri -x-- 1tins , an L) itittleil '?Ilt/(ibr*
..,
1 . : i ,hts of ow)lic in F..ri to that part of the herein (-'.',--scriH (! :-. (-
- 1.-lises
lyin 1 within the houioeries of rna-s enr hinwJys .
2 . -7sPhient an'-', ri -ht of way, incluclini the tars arid i-7),r(-2vii,7_ -)ions thereof,
°ranted to City of Ti --!,,r ,, rPcorP.
- --' June 1 - , 19,._,4, in , -( 0K '-215, i P',,..
236.
Aote : 1963-64 taxes, ' 3u2 . 12, -)aid. (231 2 ..,,-.2, Yuk. 22-9i-i )
'fours very truly ,
iJACIFIC TITLE JSEI ; 'HCH Cu.
ashincton Count ,i icn
.,,_.... .„....„.„......,.._.
Ji: :,--ics ,--is
Deed Reference:Bk 312 p 563
1a 51
KNOW ALL MEN BY THESE PRESENTS: lnat JOSEPH H. SCIRJLTE
and MARY M. SCHULTE, Husband and wife,
hereinafter
termed grantor, in consideration of the sum of $ 151.50 , to
be 'paid by the CITY OF TIGARD, a municipality of the State of Ore-
gon, hereinafter referred t.: as the City, does hereby grant, bar-
gain, sell and convey onto 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:
I. Perpetual Easement_
An unencumbered, perpetual easement ten feet in width
for the purpose of constructing, operating, maintaining
and repairing of an underground sewer line and one
manhole, together with the right to remove as necessary
vegetation, foliage, trees and other obstructions with-
in 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, subject to the
following c--'nditions: That the grantee shall cause to
have the excavated topsoil set aside and apart from
the subsoil and shall have the subsoil replaced first
and the topsoil replaced at the surface and same shall
be compacted and settled. That the woven wire fence
at each point of entry within the easement area shall
be reconstructed with to barbed wires to re-establish
the pre-existing condt.:lon thereof, and during the
construction phase, the fence shall be closed up each
night to preclude the escape of grantors' cattle, and
no entry shall be made upon any lands other than those
hereinafter described with respect to perpetual and
temporary easement rights. Said easement area being
five i.;; feet on each side, when measured at right
angles, of the following described centerline:
In Tax Lot 900 NE 1/4 NW 1/4 Sec. 2 T2S RIW, W.K. 25-1-2SB
TRACT I: Beginning at a point on the westerly line of that
tract of land described in Book 312, Page 563, Deed
Records of Washington County, Oregon, said point being
120.0 feet northwesterly from en iron pipe, said pipe
being the southeasterly point of the vest line which
bears S 13'31' E from its junction with the center-
line of Fanno Creek; thence N 70'51' E 79.6 feet to a
point; thence S 64'22' E 114.6 feet to a point on the
east line of said described property said point being
60.0 feet in a southwesterly direction from a property
corner in the center of Fenno Creek, said corner being
the northerly point of the east line of said described
property, which bears N 23'50' E from the centerline
of S.W. Johnson Street.
2. Temporary Easement
TRACT I;: 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 fifteen feet, when measured at right angles,
of TRACT I above described, excepting and reserving
to owners the unimpaired enjoyment, use and preservation
of all structures and fruit trees, if any.
10:151
,cK 515 Fnf 236
I •
10351The tomporary easement shall cease when said sewer work is
sompletad, and not later than November 1, 1964, and shall there-
after be of so further force or effect.
I
Should it be necessary to cut and remove any brush. tress,
or other matter or materials from the easessnt area, said brush,
trees, or other natter 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 end
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.
en
(SIAL) ___ . ...i ..j ..._i/ 0 (SEAL)
(SEAL) A r,.. 1. (SIAL)
_AS[AL) (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
Sy
Title
STATE OF OSSOON,
•
County of Washington , )
On this f day of 1964, personally
appeared the above named J4 .TE and
MARX ?1, SCHULTE,
Frit vi ei
and acknowledged the forego ng instrument to be their voluntary act
and deed.
+,S "fru bs . me:
D : vJ
s� Z o.�(L'
�--ico1 -1 i � �� •'otary 'T c or a regon
`*fC, It a' My coe�►ission expires:
.h • h-
10.x:)1
JUN1a196, •
vox 515 PAY 237
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- '``'ACIF$C TITLE INSURANCE .-
WASH. CO-
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SUB-DIV. , '"
SEC. 1 2 S-
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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