10219 ~ Pacific Highway Number: (SSL-6115-3) #2
10219
02i9 Deed Reference: 13 479, P 276
KNOW ALL MEN BY THESE PRESENTS: That we -----
Oregon Corporation, and Joseph-M. Fought
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, 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, but reserving to the grantors the title to the lands,
subject to the casement, 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__a
Xx?g��:�r�'c�it���� ��i{�n��;�#���t�l��f��+l �lh'.Gtl��firYlclWit��tiCt�i1�SQ1ft��ifttk{�LtBf 1��t1e
portion of that property described in Book 479, Page, 276, of
Washington County, Oregon, deed records; said easement area
being variable in width adjacent and contiguous to the right-of-
way line of Pacific Highway as said Highway is described in
Book 539, Page 541, Washington County, Oregon, deed records,
bounded and described as follows :
Beginning at the most Easterly corner of that track of land
described in book 616, page 597, Deed Records, Washin(tton County,
Oregon; said point being oxo the Northerly line of that trac% of
land described in Book 479, Page 276, of said county and state
and on the Southwesterly right-of-way line of the Beaverton—
Tigard Hightaay as said Highway has been relocated in suit ;�27-048
(final judgement entered December 30, 1965, Washington County
Circuit Court) ; thence S 36024' 30" E along said right-of-way
a distance of 111 .83 feet to a point, said point being 200 feet
westerly at the center line of the Pacific Highway, station
.103-,-00, as described in Book 539, Page 541, of said county and
state; thence S 17004'43" ^ along said right-of-way to the
Northerly boundary line of that tract of land described in that
deed to Georgia-Pacific Corporation, recorded in Book 520, Page
369 of Washington County record of deeds, thence S' <J9052 'W along
the said .e7ortherly line a distance of 31. 36 feet, thence N
17004143" W a distance of 228 feet more or less to a poi int, said
point being 15.0 feet measured at right angles from said highway
right-of-way line bearing S 36024130 " E; thence N 36024' 30" W
parallel to said right-of-way lane a distance of 75.73. feet- ,-
thence
eet;thence S 138052 ' 30" E along the Southerly boundary line of that
land described in Book 616, Page 597 of said county and state,
distance Qf. 18.92 feet to the point of beginning.
2. emporary easemen :
Together with the temporary right of ingress, egress and regress, and use for sewer construe-
the westerly side.!
tion purposes, of additional lands lying parallel to, along *WMW and within-._10-_ - -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 642 PAGE 180
~
� �� � �
�K� �� �
Should it be necessary to cut and remove any brush, trees, or other matter or materials from the casement
area, said hruab. {rc,o, or other matter and materials obul be removed and disposed of by the City and the
City shall ]mvo the ,n,omrot area in o neat and workmanlike condition. The City ugroox that in couoocUno
with its use of the peryc\nul emmsmut area and in inspecting, repairing, maintaining, orreplacing said sewer
lino, the City will leave the y/ondvco iouneat and v/orbmuoDbo condition and as nearly in the nro'uxis\ioX state
as practicable.
The grantors du hereby warrant that they are the vwocro in fee simple and have the right to grant the
uburo described ruocm,ntn.
Witness our hands and seals tbia_ da� n� jPRjen l9 �7
----'-� �='------- - `� Co. , an Oregon
' corpoz `
oy � 4n
� ^' /-_-(SEAL)
Predide
ath ugh
--_-__ _-_---' -VSEAL) --- ---'----_-----'-----------___-_8�8��}
For o cuosidoradoo, the mortgage lino on the above described properties is hereby nmdo subordinate to the
easements above granted,
Dated this -Uuv oI-__-__. _-__ _ 19__-___.
Mortgagee
_._-___- _-_____-'_-__-__
Title
STATE OF OREGON,
� es.
��Countyuf__M__u0nom��
�~__---. )
On this 0+h -day of kAmY_- l9 �7____-. peruouallyuppoured the above named
W. C. Sivers and Robert L. Quesinberry, President and
Secretary of T & VV EQUIPMENT CO*
and acknowledged the foregoing instrument to be their voluntary act and deed.
Befor me: �
\ 1�ory Public for Oregon
���«� D8 ` / �
BOOK ������ p&��J[[�J� � Commission eupirea: kk/�Y--��' .-------- =
t4w
10219 STATE OF ORE'-ON)
) ss
City of Tigard )
T, ',4O'qNTF' S. AND?.E`,7S , hereby certify that I am the duly
anointed , quc-llifieO , anc7. acting 7ecorder of the City of
Tigard, Oregon.
1 -further certify that I have compares' the herewith
easement number (SSL-66-3) 4'1 , 5 616 , T 597 , 42 , B 479 , P 276 ,
(Ir. & *.-*I,. !,.,quinr� ent Co. , an Oregon Corporation, and Joseph 'I.
Fought) with the oricTinal in m7l,,, nossession as custodian of the
official records of the City of Tigard, and that the herewith
easement is a correct transcript of the whole of easement
number (SSL--66-3) 8616 , P 597 , 1`2 , -) 479 , P 276 .
.-T
1'.T 7,�71T'Pi,"Sc '171 T--'REOF I have hereunto set my hano, anr' the
.-N ��1.1 - -
seal of the City of TigarJ this 15th clay of 'lay, l?67.
ew
City Pecorder
'lei
47
17 -.......19 ......
Filed for record...
ROGER THOMSEN, Dfixector of Records & Elections
V�
By............................... ...................Delyt"
BOOK 642 FADE 182
Number: (SSL-66-3) #2
Deed Reference: B 479, P 276
KNOW ALL MEN BY THESE PRESENTS: That we :ff)--�_&
Oregon Corporation, and Joseph M. Fought
1 00
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, but reserving to the grantors the title to the lands,
subject to the easement, 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 a
portion of that property described in Book 479, Page, 276, of
Washington County, Oregon, deed records; said easement area
being variable in width adjacent and contiguous to the right-of-
way line of Pacific Highway as said Highway is described in
Book 539, Page 541, Washington County, Oregon, deed records,
bounded and described as follows :
Beginning at the most Easterly corner of that track of land
described in book 616, page 597, Deed Records, Washington County,
Oregon; said point being on the Northerly line of that trac"',1- of
land described in Book 479, Page 276, of said county and state
and on the Southwesterly right-of-way line of the Beaverton-
Tigard Highway as said Highway has been relocated in suit t�27-048
(final judgement entered December 30, 1965, Washington County
Circuit Court) ; thence S 36024130" E along said richt-of-way
a distance of 111 .83 feet to a point, said point being 200 feet
westerly at the center line of the Pacific Highway, station
103,r-00, as described in Book 539, Page 541, of said county and
state; thence S 17004'43" 7. along said right-of-way to the
Northerly boundary line of that tract of land described in that
deed to Georgia-Pacific Corporation, recorded in Book 520, Pace
369 of Washington County record of deeds, thence _ 890521W along
the said Northerly line a distance of 31. 36 feet, thence N
17004'43" W a distance of 228 feet more or less to a point, said
point being 15.0 feet measured at right angles from said Highway
right-of-way line bearing S 36024130" E; thence N 36024 ' 30" W
parallel to said right-of-way line a distance of 75.71 feet;
thence S 88052 ' 30 " E along the Southerly boundary line of that
land described in Book 616, Page 597 of said county and state,
f distance16.92 feet to the point of beginning.
2. emporary easemenot,.f
Together with the temporary right of ingress, egress and regress, and use for sewer construe-
the westerly side
tion purposes, of additional lands lying parallel to, along Kwffaw and within--I-Q----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.
W.
Should it be uoeooaury to cut and remove any broob, tmmo' or other matter or materials from the cuneumut
area, said brush, tmes, or other matter and materials shall be removed and disposed of by the City and the
City shall leave the easement area in uou( and workmanlike condition. The City ugromo that in connection
with its use of the perpetual ewoomact area and in inspecting, repairing, maintaining, or replacing said oovvmr
line, the City will leave the nrwmioao in neat and workmanlike condition and as uaurlr in the pre-existing state
as practicable.
The aruotora do hereby warrant that they are the nwooro in fee abnDle and have the right to grant the
uhnrc described vuaammoto.
Witness our hands and seals tbis_._~~_-__-_dxyol l9~87 _
Bo. , an Oregon
y --(SEAL)
'
---D�ath��8�.�� ]�ooq�t �y By--:-
�
Bmczatary
~'
-- -- ----'— �----'----'--------'
-(SEAL) � --------' -------�-------------_--0��&�)
For u consideration, the namtg°go lien on the above described properties is hereby made subordinate to the
easements above gnnuted.
Dated this-------day o2______-____-___'-
xmortAagen
Title
STATE 0FOREGON,
/ nm.
County v --. )
On this—day 19__6U7___, personally appeared the above named
W. C. Siverg and Robert L Quesinberry, President and
Secretary of T & YV EQUIPMENT CO.
and the foregoing instrument to be their voluntary act and deed.
~~~-
'
WA_U ANTY DIZED
a
i:i:N BY THESE Pc'tLSENTS, That HELEN ANN KERTES,
a .:_amu.:, g_.:.ntor in consideration of Ten Dollars ($10.00)
o_h,r -,00d and valuable consideration to her paid by
73UGHT and T & W EQUIPMENT Cu., an Oregon corporal ion, ;ti
..n.ces, does hereby grant, bargain, sell and convey unto the
-rantees, their heirs and assigns, all the following rear.
:.,)ert:y, * .th the tenements, hereditaments and appurtenances,
s cu ed in the County of Washington and State of Oregon, bounded
an: c:cscribed as follows, to-wit:
_%Ci T: Beginning at the Southeast corner of the W.W. -- a
Gra:-am Donation Land Claim No. 39 in Township 2 South of
.:,gin;e I West of the W.M. , running thence North along the
..ast line of said W. W. Graham D.L.C. 8 chains, more or
'_ess, to the Southwest Corner of a tract of land deeded on
_an ,ary 13, 1906, by Geo, W. Clarke to Elmer Ball; thence
-asp along the South boundary of the said last mentioned
_race 9.26 chains to the West boundary of the Jas. Hicklin _`
D.L.C. in said Township and Range; thence South along the
::est boundary of said Jas. Hicklin D.L.G. to a point 375 '-
1/3 =eet North of Section line between Sections 1 and 12,
lit said Township and Range; thence Westerly to the place
of beginning.
'".�ACT II: Beginning at a point in the West boundary line
o:: she James L. Hicklin D.L.C. 21 1/3 feet North of the
section lone between Sections 1 and 12, in Township 2
Scuth of Range 1 West of the W.M. ; thence North along said
i:ourdary line of said James L. Hicklin D.L.C. 354 feet;
t:ience Westerly 650 feet, more or less, to a point 20 feet
%ast of the Southeast corner of the W.W. Graham, D.L.C. ;
thence Southerly and Southeasterly along the East and North
Iine of the County Road as at present laid out and traveled,
to the place of beginning. > *'
u1CT TTI: The South half of the Southeast quarter of the <:t
Southeast quarter of Section 1, Township 2 South of Range 1 "
.:cst of the W. M. EXCEPTING, however, that portion thereof '
conveyed to the State of Oregon for the Tigard-Aurora
::iDhway, by deed recorded January 29, 1938, Book 170,
page 271, Deed Records. .,
0 HAVI APD TO HOLD the above described and granted premises
unta the said grantees, their heirs and assigns forever.
:.nd I the grantor do covenant that I am lawfully seized in
of the above granted premises free from all encumbrances,
sL'c:tict, nowever, to: 1) that certain mortgage executed by Paul L.
:.crtes and Helen Ann Kertes, husband and wife, to D. W. Creary,
c:..t."january 4, 1957, recorded January 4, 1957, in Book 356,
:'a,:: 498, ?.ortgage Records given to secure the payment of a note
-,� 479 Qa;276
u - DZ:ED
lomw ANCTRSot) &
Attc,-ICYS At Lcw
8865 S.W. CENTER ST.-P.o, BOX 23006
Tigard, Oregon 97223
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.
T
MP JM
IT-1 .MDT
TO: Fred Anderson
FROM* Keith C. Thompson
SUB,T*.rCT: Easements
DATE: November 1.7, 1971
Please note your approval as to form
on page 3 of the easements -- Thanking you in
advance,
Respectfully,
Keith C. Thowson
'Director of 'Public !,�Iorks
KCT/rb
F. A. Anderson City Recorder
Sewer Easements 10/26/71
T & W Equipment Co.
U.S.N.R. Forest Industries
Please review the attached sewer easements as requested by the
City Council at their regular meeting of October 25, 1971.
If they meet with your approval please sign and return for
execution by the Mayor and City Recorder.
Thank you for your assistance.
December 8, 1971
Mr. Roger Thomssen
Director of Records Elections
Washington County Court House
Hillsboro, Oregon, 97123
Re: Sewer Easements T & W Equipment Co Joseph M. Fought
Edwin W. DeXoning
Dear Mr. Thomssen;
kjo Please record the enclosed easements in the Washington
County Deed Records. our check to cover costs is
attached.
0 Thank you for your assistance in this matter.
Sincerely
Doris Har tig
City Recorder
Y 011C.
'Fou ht Company Inc.
STEEL FABRICATORS
JOS. M. FOUGHT
President
August 24, 1971 fzSC'ej1VF'D
,UG 9 f.-
L
011
The Honorable Dan Larsen
Mayor of Tigard
Post Office Box 23557
Tigard, Oregon 97223
Re: Associated Computer Services, Inc.
Sewer Deed and Easement
T & W Equipment Co. and
Joseph M. Fought, Grantors
Dear Mayor Larsen:
In connection with the above, please find enclosed:
(1) Original fully executed copy of Sewer Deed
2) Sewer Easement with referenced legal description
attached
As you will note, the Sewer Easement must be signed by you
and your City Recorder prior to being made a part of your records.
Very truly yours,
JMF:n
cc: T & W Equipment Co.
w/enclosure (1)
P.O. BOX 4248 o PORTLAND, OREGON 97208.503/639-3141 PLANT LOCATION: 14255 S.W. 72nd AVENUE TIGARD, OREGON c.'
A C