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83-022112 & 83-036968 ~ 95th Avenue ~ Center Street los 83036968 ENDORSEMENT The Area Manager, the duly authorized representative of the Secretary of Housing and Urban Develo v nt, Department of Housing and Urban Development, an agency of the United States of America created by the United States Housing Act of 1937, as amended, and the Department of Housing and Urban Development Act, Public Law 89-174, as amended (herein called the "Government") , does by this endorsement consent to the attached Deed of Easement dated April 26, 1983, frau the Housing Authority of Washington County (herein called the "Local Authority") to the City of Tigard. Such consent is required by the terms of that certain Declaration of Trust dated March 22, 1983, executed by the Local Authority and recorded in the official records of the County of Washington, State of Oregon, on March 28, 1983, 1:01 P.M. , as Recorder's Fee No. 83010291. Dated: July 14 , 19 83 UNIThD STATES OF AMERICA Secretary of Housing and Urban Development BY dager STATE OF OREGON ss. COUNTY OF MULTNOMAH ) On this 14th day of July , 1983 , before me, Richard L. Krattiger a Notary Public in and for said State and County, personally appeared R. C. Brinck known to me to be the Area Manager, the duly authorized representative of the Secretary of Housing and Urban Development, Department of Housing and Urban Develop ent, the agency of the United States of America that executed the within instrument, and known to me to be the person who executed the instrument on behalf of the agency therein named and acknowledged to me that such agency executed the within instrument. Witness my hand and official seal the day and year first above written. XL1/1/ Notary Public in an for said State and County My Commission Expires // /�/7Y$ Easement referred to above was recorded on 6/23/83 - Rec. #83022112 / — 4tiffilt 4/4411, STATE OF OREGON County of Washington SS I, Donald W.Mason,Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county,do hereby Certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio Chief Deputy Clerk /F:Z74 64 v dfd5.1-6 ,/z/5-n (off Po 8 2339, AL ' 83022i9 N P:y,,,, y e c t: Easement: Deed Reference: KNOW ALL MEN BY THESE PRESENTS : That we (I) THE HOUSING AUTHORITY OF WASHINGTON COUNTY hereinafter termed grantor (s) , in consideration of the sum of $ 0 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein- after 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 ease- ment, 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 with the uses ano aurposes of the easement; said easement area being 7.5 feet on side, when mea- sured at right angles , of the following described center line within the following designated premises : SEE ATTACHMENTS: A & B 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 side and within 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 struc- tures 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 of-7-3wd tC� ORIQINAL 'Soo' ,m100 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 . • ' tness our hands and seals this — day of , 19 (SEAL) (SEAL) (SE (SEAL) (SEAL) (SEAL) F. : consideration, the mortgage lien on the above descri.- = pr. . - les is hereby made subordinate to the easements above granted. Dated this —_ _ z6th day of April , 19 83 . ?" THE HOUSING AUTHORITY OF WASHINGTON COUNTY r ." c OWN R / Air A ` t Title e STATE OF OREGON ) ss . County of Washington On this 26th day of April , 19 83 , personally appeared the above named Derr ICK a-H-- 161A and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Pub is for Oregon My Commission expires : / - /1/41/- Page _ /1,41/Page 2 Easement Q STATE OF. PREGON .4kloW vivo' ) 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 OP TIGARD 44' City Recorder r STATE OF OREGON ) ss . County of 4r•_.) On this ,72.32' cAy of / &tir , 1916'$ , before me appeared (moi `L oLr ,L . 7;5L / and both to me personally -� ' � nown who/ being duly sworn, did say thabJhe , the sai ( lp; l.,u1- � 64Sko is the Mayor, and he, the said 1: 1.-11,s is the Recorder of the cITY OF TIGARD, a municipal corpora ` n, and the said _ _LAD! __said i�n-.�__�i and 1�QriS acknowledged the strument t� ire the free act and deed of said r uc%pa1 corporation. S * ` ES`l'I•dONY WHEREOF, I have hereunto set my hand and affixed my officia* ai., this the day and year t ' my certi =icate first written. • ` ff, ice• ( otary Public or Oregon d . My commission expires Page 3 Easement 3 Y R • ORIGINAL • ' • . Soo ATTACHMENT A March 17, 1983 Sanitary Sewer Easement Description for Sewer Line on Washington County Housing Authority Property to be Dedicated to the City of Tigard. A strip of land 15 feet in width lying in the duly recorded plat Angelyn, in the Southeast one-quarter, Southwest one-quarter, Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying 7.5 feet on each side of the following described centerline; beginning at a point on the East line of Lot 1 , Greenburg Heights Addition, a duly recorded plat in Washington County, Oregon, also on the West line of said Angelyn, lying North 0° 01 ' 00" East 102.50 feet as measured along said East line from the Southeast corner of said Lot 1 ; thence North 79° 57' 36" East 180.00 feet to the end of said centerline. • ATTACHMENT B Storm Sewer Easement Description for Storm Sewer Line on Washington County Housing Authority Property to be Dedicated to City of Tigard. A strip of land 15 feet in width lying in the duly recorded plat Angelyn in the Southeast one-quarter, Southwest one-quarter, Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying 7.5 feet on each side of the following described centerline; beginning at a point on the East line of Lot 1 , Greenburg Heights Addition, a duly recorded plat in Washington County, Oregon, also on the West line of said Angelyn, lying North 0° 01 ' 00" East 102.50 feet as measured along said East line from the Southeast corner of said Lot 1 ; thence North 31° 20' 55" East 110.b5 feet; thence South 69° 50' 30" East 92 70 feet; thence North 30 20' 35" East 33.62 feet; thence South 76 25' 35" East 97.75 feet to the end of said centerline. 5 S vf t ! f II., u . I l tl .z 4-`�. .. t s �j i CGU t1-,./11:9!:-i;- ,r,,,., ": _ i 1 ttt I m,,,,..,_ �f 1 1 r .. , . it' . , , 1,-, -r - `� ,,,;., mss• i it!. ® , •r A !VI/ , ..., , , i ' I i, 1.--r ,„.10 * 1 i IA" ' , ... ..,, 1101r . --- ; ' ' ',tl -:---- tJ i • *t i$Aj r, I40 ,,, / / L--1,-10,- ;/ . . .,, \.„,r, / 1 \ . 1 , 'F' `, ,1 't --% v / s, 4.\._. i iIF I \„...\: , '"Ce-s'A, r ' i ._.; r . , , , / 1 i —r— I r .v tt� {1 (yy, /I' r? ' 11'-/ : L'. 1 -:',. i r- , / i ' 11)4s ..' t• ' -,''' 4 i .k tk AlIP , , !ri,:::: . i, _ , i 4,/if • .' w it t‘ I' : '‘ I'I '11 i '-• ---N VAX , 1 ..., lit '1 i i , , ii*" tZ4••••• - -' ,- /\-i •.,;(, N... . f ti t_ , __ 1.4 . i -4 ' { I fit x • V I I li•21 ‘ i 11 k c, ,, i 4- , . t I t ./,,, 7 t� ,, h 1'i ' Lc T. . _ „ ,,,. .....,7 k, • OS'ZO/�• !. i • kJ iz. c I � a , .., . ,, ,, tkil,, i,.. ,_.s..,\_:4.. — - -- — , W / Z� ' i 'r L �` 2 v nt ls) 1 .alt 4l ` f �s J Q \z o tn i 'I \\\I. tr) O - v \ F.Q 1 �`. STATE OF OREGON \ SS� I '\ County of Washington 1 � a/ I,Donald W.Mason,Director of Assessment ....„,....e and Taxatio and Ex-Officio-F Recorder of Con- _ /"r/ veyances forsaid county,do hereby certify that z� 1,5016„,•4.1the within instrument of wring wa *received --� and recorded in book of records of said county. ( Donald W. Mason, Director of Assessment And Taxation, Ex- Officio Chief Deputy Clerk -, ►V oyv>d i lk• 1983JUN 23 PM 3: 08 6-74 CO s _ j V l v N+O AffANIk 1//1111.1/ THE HOUSING AUTHORITY OF WASHINGTON COUNTY \I P.O. Box 988 — 560 S.E. Third Avenue, Hillsboro, Oregon 97123-0988 Phone: (503)648-8511 s, COMMISSIONERS: nn)I'Q* t Mk I; Ill r IN REPLY REFER TO: WC—HD D.H.Dittman,Chairman Lr ° t l',,,,7 L.J. Wallace Vice-Chairman ° L.M.WallaP W .FitzPatrick R.P.Hackl . EXECUTIVE DIRECTOR September 29, 1983 �''+ _('�,/ {y ,r D.Page CII 1 OF UUGJi-\L) PLANNING DEPT. Mr. William Monahan Director of Planning & Development City of Tigard PO Box 233 Tigard, OR 97223 SUBJECT: Declaration of Trust for the Granting of Storm and Sewer Easements Previously Submitted Dear Mr. Monahan: On August 5, 1983, we submitted to you a copy of the Declaration of Trust signed by the U.S. Department of Housing & Urban Development authorizing the Housing Authority to enter into and release the storm and sewer easements previously given to the City of Tigard across our development on 95th. At that time, we asked you for a copy of your recording so that we may submit that number, etc. , on to the U.S. Department of Housing & Urban Development. If you have made the recording by this time, please sub- mit to us a copy of that recording so that we may fulfill the requirements of the HUD letter which was also attached. Th. •u for your h S' : ely, ,,,,,/-\ 1/DA PAGE Ex, tive Director DP/wk THE HOUSING AUTHORITY OF WASHINGTON COUNTY VAIN Now P.O. Box 988 - 560 S E. Third Avenue, Hillsboro, Oregon 97123-0988 Phone: (503)648-8511 mnnr;;im�rres IN HI REFER It) WC-HD M August 5, 1983 ,;ICO i1140, Mr. William Monahan Director of Planning & Development City of Tigard PO Box 233 Tigard, OR 97223 SUBJECT: Declaration of Trust for the Granting of Storm and Sewer Easements Previously Submitted Dear Mr. Monahan: Please find a copy of a letter directed to us by the U.S. Department of Housing & Urban Development in regards to the easements previously granted to the City of Tigard for storm and drainage purposes. We have retained one copy of the endorsement of Declaration of Trust. The original copy you should retain for your records and the second copy should be ..recorded as an attachment to the original easement. We would appreciate receiv±ng a copy of the recorded document for our records_-- - as well as HUD's records. If you have any questions pertaining to this matter, please contact Bill Pearl at 640-9780. Thank you for your assi trace. ,772 Sicprely l ‘)/a/(i at,/,`"\DAYTOV PAGE Execy/tive Director DP/wk • Encl. . '!ri✓" U.S.DDepartii t of Housing and Urban Development Portland Area Office,Region X i * •F Cascade Building ,�' 520 SW Sixth Avenue 4.neve Portland,Oregon 97204 JUL 1 ,4 1983 Mr. Dayton Page Executive Director Housing Authority of Washington County P.O. Box 988 Hillsboro, OR 97123 Dear Mr. Page: Subject: Project No. OR16-P022-018 Endorsement of Declaration of Trust Thank you for your letter of June 20, 1983, submitting a copy of an executed Deed of Easement from the Housing Authority of Washington County to the City of Tigard for the construction of an underground sewer line. The document is satisfactory to the Government, and we have accordingly effected a partial release of the appropriate Declaration of Trust by the attachment of our approved Endorsement on the document. Enclosed are three copies of the document as endorsed. Please be sure to fill in the width of the temporary easement in the second blank in paragraph 2 of the original deed prior to recordation. The original should go to the Grantee for acceptance by its Governing Body, one copy is to be retained for your use, and the retaining copy, bearing evidence of recordation, should be returned to the Government ar&r3ressed to the attention of the Area Counsel. If you have any questions pertaining to this material, please contact the Office of Area Counsel by telephone, 221-2551. Sincerely, R. C. Brinck Area Manager, 10.2S Enclosures C�1 Aimpor '41010` I ,,. THE HOUSING AUTHORITY OF WASHINGTON COUNTY P.O. Box 988 — 560 S.E. Third Avenue, Hillsboro, Oregon 97123-0988 Phone: (503)648-8511 COMMISSIONERS: IN REPLY REFER TO: D.H.Dittman,Chairman T.J.Erwert,Vice-Chairman L.M.Wallace W.J.FitzPatrick R.P Hackl EXECUTIVE DIRECTOR: April 27, 1983 D Page City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Attention: John Haggman, Engineering Division SUBJECT: Sewer and Drainage Easements for projects located at, 95th. , and Center Dear John: Please find properly executed Easement documents from the Housing Authority of Washington County for Sewer and Drainage Easements across the property owned by the Housing Authority and Sewer and Drainage Easements from Century 21 Homes, Inc. for Sewer and Drainage easements across their property. As soon as your cost documents have been prepared please give me telephone call at 648-8511 and I will be more than happy to pick up that information from you. Thank in advance for your assistance. Sincerely, li William R. Pearl Contracting Officer WP/sb Enclosures