1600 ~ Pacific Highway Project: Webber Sew. Ext.
1600 Easement: S.S. #1
Deed Reference: 942-384
KNOW ALL MEN BY THESE PRESENTS: That we (I) John D. Webber & Virginia
Drumm, Gilbert E. Pierce & Grace Pierce` husband & wife) , and Jules Kessler.
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, to-
gether 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
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 wit-h tl)e uscs and -purposes of the easement;
said easement area being 15.0 - f 00t wide, adjacent to and along the
Easterly side, when measured at right angles, of the West boundary line of the
premise described in warrant} deed between Gilbert E. Pierce & Grace Pierce and
Jules Kessler, grantors, and John D. Webber and Virginia Drumm, grantees, dated
8/24/73 and recorded 8/28/73 in file Book 942 on Page 384 in Washington County,
Oregon.
2. Temporary easement: (None)
Together with the temporary right of ingress , egress and regress,
and use for sewer construction purposes, of additional lands
lying parallel to, along the sides and within - feet, when
measured at right angles , of the above describedperpetual 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.
Page 1
Easement Boa 991 P,�.rE266
1600
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
City agrees that in connection with its use of the perpetual easement area
and in inspecting, repairing, maintaining, 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 76- day of 1911.
X (SEAL) X _(SEAL)
X 'AL)
(SE (SEAL)
(SEAL) (SEAL)
For a consideration, the mortqa(je lion on the above described
pr6perties is hereby made subordinate to the easements above granted.
Dated this day of 19
Mortgag�p
Title
STATE OF OREGON
) ss .
County of Multnomah
On this 5th day of February 19 7 personally
appeared the above named John D. Webber
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me :
X
Notary//Public for Oregon
My Commission expires : June 8. 1977
Personal Acknowledgment
Page 2
Easement B 0 UK 0 9 1 P}.LE267
1600
STATE OF OREGON
County of Multnomah
On this 5th day of February B 74
1 - --, personally
appeared the above named --- Virginia Drumm
and acknowledged the ftregoing j I Tistrutment o be. their vo!un.t.a-rY act -ind de-d.
Before mea
'Nolary Puke)AIc-for. O-egori
My Cc-.rrr4s;sIrn Expires, June 8, 1977
STATE OF OREGON
County of
On this _,_z--I -- da v r,f , Pet—
cna 1 Lv
appeared the above narked
and ,acknowledged the forego'Ing instrumEnt to be their
voluntary act and deed,
Before. ip e
Nota-r'y Public for Oregon
My Ccirmission, Expires,,,
Personal Acknowledgem.ent
Page 3
Easement NOK 991 PAGEN8
%Woe
STATE- OF OREGON
) ss. 1600
County of
V
On this _ �i day of 0, 19 lizz
personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Notary Public for Oregon
My Commission expires :AA4
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY OF TIGARD
3y
Cl Ly LL..ecorder
STATE OF OREGON
) ss .
County of Washington )
On this 27ticay of August 19(x74 before me
appeared Floy nn and Doris Hartiq--
both to me personally known who being duly sworn, did say that he , the
said Floyd H. SeraMdD-D— is the Mayor, and he, the said
nnrig HarLia is the Recorder of the CITY OF TIGARD, a municipal
corporation, -anj the said Floyd H. Bergmann and Doris Hartig
acknowledged the said instrument to be the free act and deed
6Y-said -municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year in this my certificat first written.
Notary--Publicfor Oregon
/7- 7
My commission expires
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The grantors reserve a perpetual easement and right of way
for the purpose of constructing and maintaining sanitary and storm
sewer lines and conduits , and the grantees agree to grant and give
and the grantors retain the right to connect to any sanitary or storm
sewer pipes or conduits in and upon the easement on the portion of
the real property that lies Westerly of the line that is 15 feet
Easterly from the West line of the tract of land deeded to grantees
when measured at a right angle to the West line; provided, however ,
that after the installation of the sewer or conduits , the grantors
shall restore the property to its condition prior to the installa-
tion.
The easement shall be for the use and benefit of property
owned by the grantors lying northerly of the tract deeded to grant-
ees and adjacent thereto .
Grantors covenant that they are the owners of the above
described property free of all encumbrances and will warrant and
defend the same against all persons who may lawfully claim the same .
The true and actual consideration for this transfer is
$54 ,000 . 00 . The foregoing recital of consideration is true as we
verily believe.
DATED: V1 7
GILBERT 11 . PIERCE
4
GRACE PIERCE
J KESSLER �73
STATE OF OREGON Ftl'.d for fecrfr.l
ROGER THOMSSEN, Dlre�qor cl P,&,�ottja
ss .
County of Washington .................... Deputy
. ....................................
Personally appeared GILBERT E. PIERCE, GRACE PIERCE and
JULES KESSLER and acknowledged the foregoing instrument to be their
voluntary act . Before me:
Notary Public for Orego�
My Commission expires :
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11 6'�1 17166
WARRANTY DEED
�r
�\ GILBERT E . PIERCE and GRACE PIERCE and JULES KRSSI.F,R,
hereinafter called grantors , convey to DR. JOHN D . WEBBER and
MRS . VIRGINIA DRUMM, hereinafter called grantees , all that real
property situated in Washington County, State of Oregon , described
as follows :
The South 208. .33 feet of the following des-
cribed tract:
A tract of land ip. Section 36, Township 1
South, Range 1 West of the .-;illamette Meri-
dian, in the City of Tigard, Washin ;ton
County, Oregon, more particularly described
as follows :
Beginning at the Northesat corner of the
George Richardson Donation Land Claim in
Section 365 To.vnship 1 South, Range 1 1,1est
of the ti,lillamette ,Ieridian; thence South
O0 13' 1,lest 794, 116 feet to a point in the
center line of Red Rock Road; thence North
89° 47 ' I'lEst 20. 0 feet to a railroad spi'..e
marking the intersection of the Westerly
right of way Line of said Red Rock Road
with the Southerly right of way line of the
present alternate State Hi,-hway No. 99W
right of tray line; thence following said
State High.aay right of way line on a curve
to the right, having a radius of 1462. 40
feet the long chord of which bears South
59° 2o ' Vlest 241}. 32 feet ) a distance of 244.59
feet to a one-half inch iron rod set as a
State Highway right of: way monument;
thence continuing along said right of way
line South 640 13' l,iest 329. 34 feet to an iron
pipe; thence continuing South 6440 13' l� est
8. 71 feet to an iron rod set as a Stage
Highway right oa' way rnonitment; thence
South 540 0.1 ' West 250. 93 feet to an iron
pipe; said iron pipe marking the true point
of be ;innin of the tract to be described;
thence leaving said right of way lire and
dinning "ouch 00 0' tJcst 315, 8 fee c to an
iron rod; thence Sau ,h 8q° 30' E'a;;t 1'.=�, 0
feet.; thence North 1° lir)' Rasa 287. 9 feet;
thence North 1057 ' 30" blest 100. 0 feet;
thence North 15° 34 ' --st 50> 0 feet; thence
North 430 113' blest 43. 2 feet to an iron
rod o,-,t In the aforeneiltioi god S't�7lt0 1j- h-,,]ay
c e �_, i °
r:i`;hi; of P]ay line; -th_. n„�. �:�ol.l�i1 5�i 01. 1
125. 0 f,�e% to the true point of
:in�;,
This document being re-recorded to correct scrivener's error.
01
_�95
September 3, 1974
Roger Thomssen
Dept. of Records & Elections
Washington County Courthouse
Hillsboro, Oregon 97123
Dear Mr. Thomssen:
Please record the following easements in the 1.1flashington County
deed records:
#1 - Drumm, Gilbert Pierce, etc.
S.S. #2 - Eastgate Theatres, Inc. , etc.
Our check to cover recording costs is enclosed.
Sincerely,
Doris Hartig
City Recorder
DH:ps
Encl.