3317 ~ 68th Parkway ~ Frontage Road *1001 Prc ct: FIG holding Company
'' Easent: Sanitary & Storm Sewers
X31.7 Deed Reference: County Survey Nos
10927 and 12362
KNOW ALL MEN BY THESE PRESENTS: That we (I) FIG Holding
Company, a California Corporation, and R. C. Schultz
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, maintain ," rIg,
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 7. 5 feet on each side, when measured
at right angles , of the following described center line within the
following designated premises :
That portion of Lots 4 , 5, 6 , 7, 8 , 9 & 10 of Varnes Acres situated
in the southeast one-quarter of Section 1 , Township 2 South, Range
1 West of the Willamette Meridian, in the County of Washington,
and the State of Oregon, being more particularly described in
Exhibit "A, " attached hereto.
2. Temporary easement: None
Page 1
ti'asement
800K11.25 PAGE 493
,r.
331'7
Should it be necessary to cut and remove any brunt, 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 oup hands and seals this ,,' day of ^' 019/&1.
ii
i �_ (SEAL) /" ��;��- `' (SEAL)
C'
Vice President r Secretary
(SEAL) (SEAL)
y
'/ (SEAL) (SEAL)
For a consi:!-ration, the mortgage lien on the above described
1roperties is hereby made subordinate to the easements above granted.
Dated this day of 19______
Mortgagee
By
•
Title
s
V
te
•
Page 2
;asement
BOOK 1125 PACE 494
*41000
Niggle
TO 1945 CA (8.74) -----
(Corporation) .111 TITLE INSURANCE
AND TRUST
STATE OF CALIFORNIA ATICOR COMPANY
COUNTY OF LOS ANGELES f ss.
On October 17 , 1975 before me, the undersigned, a Notary Public in and for said
State,personally appeared L . E . St r aUS Z
known to me to be the Vice President, and Harry Boyd
mknown to me to be Secretary
z of the corporation that executed the within Instrument,
w known to me to be the persons who executed the within
FInstrument on behalf of the corporation therein named, and RnumummImmOmnp
rn acknowledged to me that such corporation executed the -4,,, OFFICIAL SEAL
F.
within instrument pursuant to its by-laws or a resolution of .��Y' CAROL SULLIVAN
its board of directors. `'i'�. NOTARY PUB f' A' ;r U N } •
` PRINCIPA. '\F t�_E ,N
WITNESS my - r nd official seal. `„ti," LOS ANGE! ES COUNTY
M Commission Expires mm,m,u August 16, 1977
,/ + m u1111m ........
Signatur:
(This area for official notarial seal)
STATE OF OREGON )
) ss.
unty of ) On this day of _ ,19__
before me appeared and
both to me personally
known, who being duly sworn, did say that he, the said
is the President, and he, the said
is the Secretary of
the within named Corporation, and that the seal affixed to said instrument is
4he corporate seal of said Corporation, and that the said instrument was
;signed and sealed in behalf of said Corporation by authority of its Board of*
Directors , and and
acknowledged said instrument to be the free act and deed of said Corporation.'
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed my official seal the day
and year last above written.
Notary Public for Oregon.
My Commission ; -nires
1\CCEPTAiJCI
The City above named hereby acce pLs the foregoing grants and agrees
to comply with each and every term and condiLion thereof.
CITY OF TIGARD
BY: /'/'"/�%��
Mayor
/4„,;., 2<,/,,,,,./
• City Recorder
STATE OF OREGON )
/ ) ss.
County of G(,_4s1h5,71-eryt. )
%71. ,,/
On this g — day of /V00,evYI1,2‘- , 1 �' , before me
appeared /1) , / r.5 �p and l� �h
or _i$ ,
both to me personally known who, being duly sworn, did say that he , the
.paid , ; .4 is the Mayor, and he, the said
J�nrts Wet r7(i i the Recorder of the CITY OF TIGARD, a municipal
arporation, and the said (1),(� kv a eifk,� and Nr)i--1sWQr-A�
acknowledged the said instrument to be the free act and
deed of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year in is ,my c rtificate first written.
06ni o f
Notary ;Public for Oregon
If ( 1-1C1
My Commission expires
Page 3
Easement
E ooK 1125 PACE'495
4osso **110
1 .. i
STATE OF _ ' - ) 3317
) sso
County of
On this %-`- day of ..' , 19 7 , personally
appeared the above named L._
and acknowledged the foregoing instrument to be their voluntary act and dee&
Before . _s
Notary 'ublic fort
My op, ission Expires:
Noo' EXHIBIT "A"
Perpetual Easement Descriptions:
17
Two separate strips of land each fifteen (15) feet wide, situated
in the southeast one-quarter of Section 1 , Township 2 South, Range
1 West of the Willamette Meridian, in the County of Washington, and
the State of Oregon the centerlines of which are more particularly
described as follows:
(' CS*/) Beginning at a reference point being Station 462+62 . 46 on the
sa.7. s..4,, easterly line of the Oregon State Highway 217 right-of-way,
thence South 31 °33 ' 30" East 148 . 63 feet to another point on
the Oregon State Highway right-of-way; thence South 40°32 ' 06"
East 662 . 74 feet to center of a constructed sanitary sewer
manhole, said manhole being the true point of beginning of
this centerline description; thence South 87°06 ' 02" East 44 . 76
feet to center of a constructed manhole; thence North 20°25 ' 19"
East 364 . 17 feet to center of a constructed manhole; thence
North 9°08 ' 40" East 359. 87 feet to center of a constructed
manhole; thence North 7°21 ' 11 " West 276 . 15 feet to center of
a constructed manhole; thence North 86°20 ' 47" West 323 . 30 feet
to center of a constructed manhole; thence North 67°28 ' 08" West
244 . 81 feet to center of a constructed manhole; thence South
68°26 ' 36" West 134 . 65 feet to center of a constructed manhole,
said manhole being the terminal point of this centerline des-
cription; thence South 4°01 ' 05" West 404 . 45 feet, more or less,
to the reference point of beginning of this description.
"" Beginning at a reference point at the intersection of Oregon
sFo., Sew, State Highway 217 easterly right-of-way and vacated Varns
Street southerly right-of-way, thence North 42°45 ' East 365 . 0
feet, more or less, to center of a constructed storm sewer
manhole, said manhole being the true point of beginning
of this centerline description; thence South 46° West 106 . 0
feet, more or less, to center of a constructed manhole; thence
South 63°30 ' West 76 . 0 feet, more or less to a storm sewer
outfall, said outfall being the terminal point of this center-
line description; thence South 32°48 ' 56" West 190 . 96 feet, more
or less, to the reference point of beginning of this descrip-
tion.
And, including therewith, at each beginning and terminal
manhole, an all encompassing fifteen ( 15) foot wide area.
A strip of land seven and one-half (7 . 5) feet wide situated in
the southeast quarter of Section 1 , Township 2 South, Range 1 West
of the Willamette Meridian, in the County of Washington and the
State of Oregon, the eastern boundary of which is more particularly
described as follows :
Pa,e,*35 Beginning at the intersection of the South right-of-way line of
st.rmSo
,;,,
S .W. 68th Parkway and the west right-of-way line of Interstate
Highway I-5, said intersection being the true point of begin-
ning; thence South 1 °22 ' 39" West a distance of 50 feet.
But, excepting therefrom, those portions which may lie within dedi-
cated public right-of-way.
BOOK1125 Pt,GE496
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S G-43.26,' 3!01'k/ Al X'7°28'08"[til
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3!25.0' NB6o'2o�47"W
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o 359.87'
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_ SAN/T/AFZY SEk/E
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STATE OF OREGON
I. lefi
County of Washington SSS
I, Roger Thomssen, Director of vRecords •�°Nv� �'
and Elections and Ex-Officio Recorder of Con- r,,,,,
veyances for said county,do hereby certify that
the within instrument of writing was received
and recorded in book of records
No.
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN,;'Director of
Records & Elections
y"`-'-1
Deputy
Nov 15 9 30 Ali
��
BOOK1125 PACE 49
1
CHzM
PROJECT: FIG HOLDING COMPANY :;HILL
EASEMENT: SANITARY & STORM SEWER
December 27, 1976
Mike Oberhoffer
_ .
Farmer's Insurance Group
P. O. Box 23503
Tigard, Oregon 97223
Dear Mr. Oberhoffer:
Enceesed is a copy for your files of the sanitary & storm sewer easement
FIG Holding Company signed with the City of Tigard. Note the book and
page number at the bottom of each page which was supplied by recording
these documents with Washington County.
If you have any questions, please feel free to contact me.
Sincerely,
Doris Hartig
City Recorder
DH:1w
Enc.
November 12, 1976
Roger Thomsen
Washington County Courthouse
Hillsboro, Oregon 97123
Dear Mr. Thomssen:
The following is to be recorded in the County records. Enclosed is a check
in the amount of $15.00 to cover charges.
FIG Holding Company - Sanitary & Storm Sewer Easements
Thank you for your assistance in this matter.
Sincerely,
Doris Hartig
City Recorder
DH:lw
Enc. • Check No. 4214
(b) Motion by Councilman Cook, seconded by Councilman Wakem to
adopt Resolution No. 76--91 thereby setting Public Hearing
commencing at 8:00 P.!I.Y, `3ecember 13, 1976 at Fowler Junior
High School Lecture Room , 10865 S.W. Walnut Street, Tigard,
Oregon:
Approved by unanimous vote of Council.
22. SANITARY SEWER CONTRACT - John A. Loewer, 12195 SW Tippit Place
(a) City Recorder recommended Council' s approval.
(b) Motion to approve and authorize execution of contract; Council-
man Cook, seconded by Councilman Mickelson,
Approved by unanimous vote of Council.
E(a) Public
Y & STORM SEWER EASEMENT -- FIG Holding Company
Works Director recommended approval.
tion to accept and authorize execution of easement;
uncilman Mickelson, seconded by Councilman Cook.
proved by unanimous vote of Council.
24. SANITARY SEWER CONTRACT 'enneth P. & Donna L. Bauman for property
located at 9290 SW Durham Road.
(a) Public Works Director recommended approval.
(b) Motion to approve and authorize execution of agreement;
Count l' an Mickelson, seconded by Councilman Cook.
Approved by unanimous vote of Council.
25. ORDINANCE No. 76-43 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGA
AS AMENDED, SAID AMENDMENT BEING REQUESTED BY
KENNETH BUNN TO AMEND THE ZONING MAP FROM THE
PRESENT R-7, SINGLE FAMILY RESIDENTIAL ZONE, TO
A-2, MULTI-FAMILY RESIDENTIAL ZONE, AND AUTHORIZING
THE USE OF SAID LANDS AS A PLANNED DEVELOPMENT
DISTRICT PURSUANT TO CHAPTER 18. 56, TIGARD
MUNICIPAL CODE, WITH RESPECT TO ALL THOSE LANDS
DESCRIBED CN THE ATTACHED EXHIBIT "A" , GRANTING
APPLICANT AND FIXING AND EFFECTIVE DATE.
(a) Planning Director recommended Council's approval with an amend-
ment on page 2, section 5, subsection 1 by adding the following
last sentence :
The transition from the 50 foot right-of-way section to
the 25 foot right-of-way section will occur on applicant' s
property, thereby necessitating the dedication of a
triangular shaped parcel. (B on map)
Page 6 - COUNCIL MINUTES - NOVEMBER 8, 1976