11511 ~ Johnson Street Deed Reference: Bk 407 P 459
X1511
KNOW ALL MEN BY THESE PRESENTS: That CHARLES M. GREENWELL
and MARY E. GREENWELL, Husband and wife,
, hereinafter
termed grantor, in consideration of the sum of $ 120.50 , 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 10 feet in width
for the purpose of constructing, operating, maintain-
ing and repairing of an underground sewer line and
one manhole , together with the right to remove as
necessary, vegetation, foliage, trees and other objects
within the easement area, and reserving to the grantors
the right to utilize the easement area for construction
of buildings or structures so long as - footings or
foundations of said buildings do not bear directly or
indirectly on the -sewerline, and provided further
that the City shall cause to have fruit trees, orna-
mental trees or shrubs occurring within the easement
area safeguarded or removed and replaced in such
manner as to preserve the growth and life thereof,
and further provided that the topsoil shall be replaced
at the surface of any excavation and the area of the
ditch reseeded after settling. Said easement area
being five (5) feet on each side, when measured at
right angles, of the following described centerline:
In Tax Lot 1000 - NE 1/4 NW 1/4 Sec. 2 T.2S R1W W.M.
2S-1-2Bb
TRACT I: Beginning at a point on the westerly line of that
tract of land described -in Book 407 Page 459 Deed
Records, Washington County, Oregon, said point being
northerly three feet from the southwest corner of
said property; thence northeasterly on a bearing
of N38°21' E, 166 feet to a point; thence N70°51'E
75 feet more or less to a point on the easterly
line of said property, said point being 118 feet
more or less northwesterly from an iron pipe, said
pipe being the southeasterly point of the easterly
line which bears south 13°31' east from its junction
with the center line of Fanno Creek.
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 pre-
servation of all structures and fruit trees, if any,
BOOK. ,-516. PAGE436
11511
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, 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 described a sements.
1964. Witness our hands and seals this 7 day of ,
(SEAL) f
!, ,r�. `. , n (Jlrl+J
(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
Title
STATE OF OREGON, )
ss.
County of Washington , )
On this day of L , 1964, personally
appeared the above named —CHIALES M. GREENWELL and MARY E.
GREENWELL, Husband ariQYWife
and acknowledged the foregoing instrument to be their vo untary act
and 1d.
B e me:
a.5. -• ` ••tit - otary Public or regon
k.
�� My commission expires: ®.-7 i y(��
Filed for record.... � ..»....19-..»...AL.-.»..P.b[.
ROGER THOMSSEN, Co&tp Clerk
C ,
Bv.......................................I/ .....................DeWf1t
BOOK 516 PAGE 437
4
STATE OF OREGON ) * ,
County of Wixshington
I, Roger Thomssen,;Director of Records and
Mecrions and Ex-Officio'recorder of Conveyances
for said county, do..hereby certify that the within
instrument of writing was received and recorded
in book14
in the Records of 0
of said County.
Witness my hand and seal affixed.
ROGER THOMSSEN, Director
Deputy
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ARVIN W.RUNYAN.P.E.
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ILBERT R.MEIGS.P.E.
PILFRED D.AMBLE.P.E. INVESTIGATIONS • REPORTS • DESIGN AND SUPERVISION OP CONSTRUCTION
PORTLAND, OREGON SEATTLE, WASHINGTON
REPLY TO: 5505 5.E.MILWAUKIE AVE.
63-P-213-D-05 October 28, 1964 POST OPPICE BOX 477!
PORTLAND. OREGON.97202
PHONE—(503) 234-0721
The Honorable E. A. Woodard
Mayor
City of Tigard
Tigard, Oregon
Re: Interceptor Sewer Easements
Dear Mayor Woodard:
With regard to yours of October 26 regarding Mr. Greenwell's
complaints, we have the following remarks:
(a) The easement requires that topsoil be replaced. This means
to us that either such existing topsoil as can be saved should
be put back on the top of the ditch or that new topsoil should be
hauled in. In this easement both means were used, and we be-
lieve the intent of the easement has been observed.
(b) Our resident engineer and our surveyors failed to find such
a ditch. There is a small existing ditch between the old
pumping station site on Johnson and the creek. The contractor
put in a ditch from the manhole in the Greenwell's back yard to
the creek.
(c) The grass seed has not been planted because of dry weather.
The contractor will place the seed when planting conditions
improve. Mr. Greenwell has been notified of this and did
not object to us.
With regard to the Shulte's letter, in particular their detailed list
of damages, we have the following remarks:
(a) The contractor restored such drain tile for as far as we know
his operations disturbed it.
(b) Fences are, in our opinion, in better condition than before
the contractor arrived, and this is due to the contractor's
restoration of them.
EVENS & THOMPSON. INC.
The Honorable E. A. Woodard - 2 - October 28, 1964
(c) Please see (b) above.
(d) We have no knowledge of the contractor's damaging this
irrigation pipe nor do we understand how this damage
could have been caused by the contractor.
(e) We have no knowledge of the contractor's damaging this
feed box nor do we understand how this could have been
caused by the contractor.
(f) Finally, although we don't know if it is binding on him,
Mr. Shulte told our Mr. Ferguson in early September that
if the fences were repaired as he wanted, and as they were
repaired, he (Mr. Shulte) would make no further claims.
We hope that these remarks will give you sufficient information
for deciding what course of action to take.
Very truly yours,
STEVENS & THOMPSON, INC.
By (1; ( t/\
Gilbert R. Meigs
grm/ct
cc - Fred Anderson
WALLACE A. LEAF <'�`'
ATTORNEY AT LAW I
85 S. W. MAIN STREET '4,,_;-
4w 1;- 4d,F ,��'-
BEAVERTON, OREGON
MITCHELL 4-3174 I ti
September 11, 1964
City of Tigard
Department of public Works
Tigard, Oregon
Rye: Charles Greenwell Property
1008,5 S. Johnson Road
Tigard, Oregon
Dear Sirs:
Please be advised -that the writer has been retained by
Mr. and Mrs. Charles Greenwell in respect to your request for an
easement across Fanno Creek, Trhich in turn would cross their
property.
Mr. and Yrs. Geenwell are opposed to an easement that
would have a sewer line across Fanno Creek above the water of the
creek, and unless this eine could be placed under the creek would
flatly oppose giving an easement for this purpose.
Also, Mr. and Mrs. Greenwell understood at the time that
they granted t;ei r easement for a sewer line running from S. W.
Johnson Street to the manhole on the back of their property near
Fanno Creek that the Viewer line running from Johnson Street would be
a 24" main. I am adv .sed that when you laid the main you actually
laid only an 8" main f'or this purpose. It would seem that if it were
necessary to run a .f.> rther sewer line it would be advisable to run
this line along S. b4 Johnson Street connecting w ith the present
easement\,running to $,he manhole and increase the size of this sewer
line to 2 " as originally planned.
Yours very truly,
.- ' S
ft
WAL/dj '..LL:CE A. LEAF
1
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ABSTRACTS PACIFIC TITLE INSURANCE CO.
TITLE INSURANCE PACIFIC TITLE INSURANCE CO. ORDER NO. 304998
ESCROWS 11472 S. W. CANYON ROAD
MAILING ADDRESS:
P. O. Box 151 -BEAVERTON, OREGON
CUSTOMER NO.
Frederick Anderson DATE ORDERED June 26, 1964
Attorney at Law
12035 S. W. Pacific Highway SELLER Greenwell
TiTigard, Oregon
PURCHASER 1
INVOICE DATE 7-6_64
EASEMENT REPORT
.'URCHASER'S OWNER'S MORTGAGEE'S
CHARGES AMOUNT
3 S $ S
PROPERTY DESCRIPTION: TITLE INSURANCE
2S1 26B 1000, Washington County
Oregon• INCREASE OF INSURANCE
Report 25.00
MORTGAGEE'S POLICY
REPORT TO
CASH ADVANCED:
RECORDINGS:
DEEDS
MORTGAGES
_OPIES TO
CONTRACTS
Easement 2. 50
ASSIGNMENTS
SATISFACTIONS
uELIVER POLICY TO
REVENUE STAMPS
TAXES
LIENS TOTAL 27 . 50
• r
rAlf" -1frfKr.' - ''
ittle, „,„,,,, -_, - ,
OREGON'S -__-----/-(1: :
OLDEST " '�- —
E: �.e k. C
TITLE COoeigniiiihra° it ;EC. SRO 5
'''' r'''''''' l'r illirlOil.:540: :L4t:4:77 —
MULTNOMAH COUNTY OFFICE WASHINGTON COUNTY OFFICE CLACKAMAS COUNTY OFFICE
315 S.W.FOURTH AVENUE 11472 S.W.CANYON ROAD • BEAVERTON, OREGON 918 MAIN STREET
PHONE • 222-9931 TELEPHONE MITCHELL 4.1194 OLIVE 6-2651
PORTLAND,OREGON OREGON CITY, OREGON
HILLSBORO MIDWAY 8.4438
Fred Anderson, Attorney Order No. 304998
12035 S . W. Pacific Highway July 6, 1964
Tigard, Oregon.
Re: Greenwell
Dear Sir :
We are prepared to issue our certificate covering;
Property as described in easement recorded July 2, 1964 in Deed Book
516, Page 436.
showing title on July 2, 1964 at j :57 o' clock P.M. vested in"
CHARLES M. GREENWELL and MARY E . GREENWELL
3 `'
an estate in fee simple112 ( i -
e
'
as tenants by the entirety
subject to the usual printed exceptions, and /614t
1 . Tigard City Liens, if any. [
Li [Lfit �(
2. Rights of public in and to that part of the herein described premises
lying within the boundaries of roads and highways,
3. Easements and right of way, including the terms and provisions thereof ,
granted to City of Tigard, recorded July 2, 1964, in Deed Book 516, Page
436.
Note: 1963-64 taxes, $198. 37, paid, (2S1 2BB 1000 23-24)
$6.62, paid. (2S1 2BB 1000 23-9)
Yours very truly,
PACIFIC TITLE INSURANCE CO.
Washington County Branch
f
By'
WD:mcs William H. Dunn
.;> „-- .
' 'ACIFIC TITLE INSURANCE ( il
, WASH, C .
SUB-DIV. ,/4-Y '
SEC. . z 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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