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5751 ~ 72nd Avenue ~ Sandburg Street "A RF 77- 5751 QRIGINAi C /v Proje,ompe 72nd Business Center OC- Easement: 1 (Varns Park) $ /977 Deed Reference:814-420 City KNOW BLITZ BY THESE PRESENTS: That we Associated Computer Services, Inc. , An Oregon Corporation hereinafter termed grantor (s) , in consideration of the sum of $ none 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 casement. , and the right to make such use thereof, except to constrict ::buildings , Initials as will not interfere wi;-.i1 u:,cand purposes of the easement; as shown on Exhibit A is said easement 7.5 feet on each side, when measured at right angles , of tie followinq described center line within the following designated premises : commencing at the Northwest corner of that tract of land described in Book 814, Page 420, Deed Records, Washington County, Oregon; thence: southerly along the West line of said tract and the East right-of-way of S. W. 72nd Avenue, 100feet to a point; thence: easterly at right angles to the West line of said tract 24.0 feet to the True Point of Beginning; thence: Northwesterly to a point in the North line of said tract which is 17.50 feet easterly of the Northwest corner of said tract. 2. Temporary easement: 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 25.Q0 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. Page 1 Easement BOOK1196 PACE624 72nd Business Center • P ject: ( Varns Park) 400, dement: 1 Deed Reference: 814-420 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 5th day of August , 1977 . ASSOCIATED/(0+1P TE SERVICES, INC. / Y-2/ PRESIDENT (SEAL) (SEAL) SECRETARY (SEAL) (SEAL) (SEAL) (SEAL) Xeroecxexxxxicobevaltizxx cxtbeoatimbg t4gRxxkicegx)ogix xeitiODomaxiaeeaxiixa t tkrAtlix c3c§40xxiWcx ioyx clexxx► rordLicxxobecxiorxxbdxffxxeac emetxtsaxxitbractmogCpca 4 Dated this day of , 19 Mortgagee By Title STATE OF OREGON ) ss . County of 1,v�iechm/Ae ) On this ,- day of iqri114,571- , 1977 , personally appeared the above named afters v,','gsocvd 0/ 6.17 ov ., ics'. j,, , S. Mnsva.-—.ice re L acy and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: No ary Public for Oregon My Commission expires : 02, S10f /y Page 2 Easement BOOK 1196 PAGE 625 .......... Project: ( Varns Park ) - N Thsement: 1 72nd Business Ctr. - . STATE OF OREGON * ,mi,Niieed Reference: 814-420 ) ss. County of ) On this day of , 19 , personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TG-RD Z. I,Kr•e6...de./4- c''- C<,,4#7 c4 / ..:.) ,y lecorder / STATE OF OREGON ) ) ss . County of On this (;12__,2,4. day of , 196 7 , before me appeared g/&1 to f-tit,t_s,„,_ and ,,,•,,,_s 511 -4,, both to me personally known who, beim duly sworn, did say that he, the said /7/,m _t,0 /1„1-.4is th61Z*relr, and he, the said is the Recorder of the CITY OF TIGARD, a municipal corporation, and the said _fila.u_. JaA-, / and acknowledged the said instrument to be the free act aild 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 cc tificate first written. 0,( (A AA) , Notary '. blic _or Oregon My commission expires ' - - .., -, . • . ,. - Page 3 asement 1J96 PALE626 E 4 , , 5751 t , , t : , • I 4, , i >------t- < ..- . 1.-----;,- 1.,, 't-e•---—2., < I , S/ •-., 1 / -----------) ..:..1 i C 4 I N• / 4.1-1 ._. • • 4, ,'- .4'.. I 17- L. ...-' !::',•'//-..,71' . i .4 4 V -.- ---44-4--- C•4i - 4............,4 .D.--I -1 • /1/I„‘.7/ I - _ • — _ .' ' _...iI 11 1Z ....t__ ..1 1 I ,...i . , ,., V 1, ' 'S. I I i ...„,.--1..• 1 (,--,i , 114 • •••• . •-•t S t• 1.,.4 4: • -,-, V. .s 1 . I :lij • . 'N kr) C, --... Th- , —,.. C3 N' I I -----' 1 i \ STATE OF OREGON 1 SS6 -"Cssi . — •A County of Washington _ 7 • \ r I, Roger Thomsen, Director of Records \ and Elections and Ex-Officio Recorder of Con- f 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 1 N, I Witness my hand and seal affixed. L. ROGER THONISSEN, Director of 1 Records & Elections 1 .1Nom E ..— pr) eputy • `.", 14, . t -, SEP I I I 00 An '71 , BOOK 1196 PACE 627 i . . ....,.....- . . ...,. .._ , • .44 F TG 1 CITY OF TIGA D P.O. Box 23397 12420 S.W. Main Tigard,Oregon 97223 December 21, 1977 • Associated Computer Services, Inc. • 13700 S.W. 72nd Ave. . P.O. Box 23097 . Portland, OR 97223 Att : Mr. S. R. Nowak, Sec. - Tres. Re: Release of Temporary Easement Dear Mr. Nowak : This is to acknowledge that the City Council of the City of Tigard, on December 19, 1977 at a regularly scheduled meeting, did authorize release of the temporary portion of the Sanitary Sewer easement, granted to the City of Tigard by Associated Commuter Services ';c` said easement being recorded in Book 1196 on page 624 , in Washington County Records. Said authorization of release pertains only to the "temporary" portion of said easement, as specified therein. Mayor Recorder t.' cc/ easement file **11 19. ZONE CHANGE - Request t, HailterL, "cmes, li fol a zone map amend- ment to change the zoning designation from Washinton County RU-4 to City of Tigard. R-7, (Single Residential) for a 9.15 acre parcel between SW Sattler and SW Durham Road on Hall Blvd° (Washington County Tax Map 2S1 IID, Tax Lot 1300) . (a) Planning Director. reviewed nistory of request and stated the Planning Commission recommended approval, (b) Consideration by Council, (c) Ordinance No, 77-80 ORDINANCE ADOPTING. FINDINGS WITH RESPECT TO AN APPLICATION. BY HALLBERG HOMES , INC, FOR AN AMENDMENT TO THE 1970 ZONING MAP OF TIT CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 IID AS TAX LOT 1300, FROM WASH- INGTON COUNTY RU-4 TO CITY OF TIGARD R-7 SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A" , "B" , AND "C" , GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. (d) Motion to adopt; Councilmen Scheckla, seconded by Councilman Wakem, Planning Director recommended ordinance be amended - Section 2, item 1 amended from requirement of 10 foot right-of-way to a 15 foot right-of-way. Motion by Councilman Wakem, seconded by Councilman Cook, to amend ordinance as per staff's recommendation. Motion to amend approved by unanimous vote of Council pre- sent, Ordinance No , 77-80 approved, as amended, by unanimous vote of Council present, 20. ACCEPT AND AUTHORIZE EXECUTION BY MAYOR AND CITY RECORDER • 7anitary Sewer Easement - 72nd Business Center - Associated Computer Services and Ace Electric Co, b Storm Sewer Easement - Ralph and Barbara Peters, 9275 SW, Electric (1 ) City Administrator recommended approval. (2) Motion by Councilman. Wakem, seconded. by Councilman Scheckla, to accept and authorize execution by Mayor and City Recorder of the sanitary sewer easement and storm sewer easement. Approved by unanimous vote of Council present, 21 , 72nd/217 INTERCHANGE IMPROVEMENT (a) City Administrator stated he had contacted DEQ staff regarding pollution levels - DEQ is conducting a study at this time and will report findings to City in near future Page 6 - Regular Meeting Minutes, August 22, 1977