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4795 ~ 103rd Avenue ~ McDonald Street • ( TITLE INSURANCE CalPA "ib"s' 4795 5 Project: Driftwood Ct. Sewer Easement: #1 i)r) Deed Reference: B742 , P 442 4.i KNOW ALL MEN BY THESE PRESENTS : That we (I) Robert T. Cooper and Sylvia L. Cooper, Husband and Wife 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, 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 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 : Easement No. 1: A portion of Lot 9 , Tigardville Heights , situated in Sec. 11, T2S, R1W, W.M. , Washington Co. , Oregon, described as follows: Beginning at a point in the southerly R/W line of S. W. McDonald St. which is N 89° 38 ' E, 208.50 ft. from the intersection of the easterly R/W line of S . W. 103rd Ave. with the southerly R/W line of S. W. McDonald St. ; thence S 15° 22 ' E 168 ft. to the southerly terminus of said easement. Easment No. 2: A portion of Lot 13, Tigardville Heights , situated in Sec. 11, T2S, R1W, W.M. , Washington County, Oregon, described as follows : Beginning at a point in the easterly R/W line of S. W. 103rd Ave. which is S 1° 21 ' W 285. 0 ft. from the intersection of the easterly R/W line of S. W. 103rd Ave. with the southerly R/W line of S. W. McDonald St. ; thence N 89° 51 ' E 221 ft. to the easterly terminus of said easement. f nK 769 >>I:GE 5641:1 a- 4795 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 /5 day of Oi/Fc , 19 -`. Z,, / %' (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated : 19 day of December , 19 69 COMMERCE MORTGAGE COMPANY Mortgagee Senior Vice By President H. E. Mangan, Senior Vice President Senior Vice President Title g �� sist. Secretary STATE OF OREGON ) y ,© . - /.,, ,,. ) ss . Rosalia M. Fau ner, Assistant Secretary County of Multnomah On this /5 day of ,ace ,..4,-- , 19 j , personally appeared the above named / 2 �. ( // and acknowledged the foregoing instrument to be their voluntary act and deed. Before me:7 Notary Public for Oregon My Commission expires : 27./..k, , /,_//, ( 1 Page 2 . ki k' Easement BOOK 7 9 FAGF 4TS5 STATE OF OREGON ) ss . County of Multnomah ) On this �_.19 day of December ,l9 69 before me appeared H. E. Mangan _ and Rosalia M. Faulkner both to me personally known'Swho being duly sworn, diff say that he, the said H. E. Mangan blor is the vice- President, and he, the said Rosalia Faulkner is the ileaxivbeary Assist. Secretary of Commerce Mortgage Company the within named Corporation, and that the seal affixed to said instrument is the 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 H. E. Mangan and Rosalia M. Faulkner 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 PeOiic or Oregon. My Commission expires -- 6- -2? ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF IGARD By: �Q �� Mayor 7 - n By: City Recorder STATE OF OREGON ) ss. County of Washington ) On this day of January , 191 70 , before me appeared Elvin G_ Kyle and Doris Hartiq both to me personally known who, being duly sworn, i say tnat he, the said Elvin G Kyle is the Mayor, and he, the said Doric as the Recorder of the CITY OF TIGARD, a municipal corporation, and the said Elvin n_ wylp and Doris uartig acknowledged the said instrument to be the free act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand, -ihd affixed my official seal , this the day and year in, t .-Su cerate first written. • liidi:ary `,P1 3 Lic for Oregon Tom_ qty + o9rn ,ssi.bn expires Page 3 Easement ',: „i, ` BOOK pInn pcr:529 , I ' *WO '''qtr: N=.,,, • *vim. 1. 1141 ;f3U9 _ . 4 f . ' . , ...... 1 ......... a ,, , , A '-' '' ' ,.."td ..'.7 It 3F---1- ...-:.> ,:, \ k, / i „ Ilt \ ‘43 I . . \ ; f \ 1' I , 1 1-...•....,,, \, :. - ? ..,... ,_ , ,ir..re...• A 1 11 I 1 i— • --. 1 --1,* --9;\ t % i i + \, \ t \ \ 1 \ I i , k .',.. 4 ' 1 r 11 c\I i . i I 1 . , t , '.. i . 1 , •.,. N )• . . ,. , '...st • I . , .., /11 Irfr—n:.41--1 14 :77_...42_4_, ___rn1.,...- - --_—_--: --,4 . ,/,.. ? •i ' 1 ,,. I .. I . , / f 4 , ,r, ' . . e''.•- , i _5' 89 '',....,,43 'i.,-4.-- . - 1 I 4 ' I . . ” ' . .. 4. ; • , . , ... 1 . . , i ..' ----,-. , - • , • 1 ' , En rikClel'''."171. V ize(' .7t)(,-, r...$, ur,orti, e',.. "ii;lir.`1:Cr • 47 ' ?"471C.r)*) ..4..... ....,....,.....•.. •..o......—. —.. o,.....".. c., • nm 0 ,4, , - " o , Af 0 ti STATE OF OREGON ss dad County of Washington I, Roger Thomssen, Director of Records and Elections 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 No. 24_ of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & n yh2✓ JAN 1Z 2 3. Ftp 210DePuty b&-,v)e) it 021,5 9`72.2 3 /,IcTkJE�%!� • • 1 ?ate Tadeetaftee eostimae, title insurance 12012 S.W. Canyon Road/Beaverton, Oregon 97005 escrows Phone 646-8181 HEAD OFFICE 425 S.W. FOURTH AVENUE PHONE 222-3651 City of Tigard Order No. 316823 P. 4. lox 23557 December 29, 1969 Tigard, Oregon 97223 SUPPLEMENTAL REPORT Attentions Mr. John Hagman Gentlemen* Re: Robert T. Cooper et ux We are prepared to issue Owner's Title Insurance Policy coverings Lots 8 and 9, the west one-half of Lot 10, and the West one-half of - Lot 13, TIOARDVILLE HEIGHTS, Washington County, Oregon; showing title on December 23. 1969 at 3:39 P.M., vested in: COOPER DEVELOPMENT CO., an Oregon corporation, an estate in fee simple* subject to the usual printed exceptions, and 1. Tigard City Liens, if any. 2. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. 3. Mortgage, including the terms end provisions thereof, given by Robert T. Cooper and Sylvia L. Cowper, husband and wife, to Commerce Mortgage Company, an Oregon corporation, dated. April 14, 1969, recorded April 22, 1969, in Book740, page 501, Washington County Records, to secure the payment of $280.000.00. (AFFECTS OTHER PROPERTY ALSO) 4. Mortgage, including the terms and provisions thereof, given by Robert T. Cooper and Sylvia L. Cooper, husband and wife, to Commerce Mortgage CoaapenY, an Oregon corporation, dated April 29. 1969, recorded May 6, 1969, in Book 742, page 440, Washington County Records, to secure the payment of $280,000.00s re-e-recorded December 22, 1969, in Book 767, page 14, Washington County Records. (AFFECTS OTHER PROPERTY ALSO) 5. Financing Statement filed December 22, 1969 in the office of the County Clerk for Washington Comity as File MO. G-4075, Yoe 8b. 2828, between Robert T. Cooper and Sylvia L. Cooper as debtors, and Commerce Mortgage as secured party, for ranges, refrigerators, etc. The above f ing statement indicates an assignment to Metropolitan Life Insurance Company. City of Tigard-- -2 order No. 316823 6. Intereat of Driftwood Terrace, a joint venture consisting of Fraser Paper Co.. an Oregon corporation, and W. R. Fraser, Gordon B. Fraser, George E. Fraser. as vendee under a contract, including the terms and provisions thereof, executed by Cooper Development Co., an Oregon corporation. as vendor, dated December 224 1969, regarded December 2% 1969. in Book 767, page 159, Washington County Records. 7. Financing Statement filed December 23, 1969 in the office of the County Clerk for Washington County as File No. 0-4096, Fee No. 2931, indicating a security agreement given by Driftwood Terrace, a joint venture consisting of Fraser Paper Co., an Oregon corporation, W. R. Fraser, Gordon B. Fraser, and Gorge E. Fraser, as debtor, to Cooper Development Co., an Oregon corporation, as secured party, for ranges, refrigerators, etc. Note; Completion Notice filed October 23, 1969. Note: 1969-.70 taxes, $241,67 paid. `2S1 11333 1400 23-24) 1969470 taxes, $101.88 paid. 231 1133 1400 23-25) Mote: We find no judgments of record against Driftwood Terrace, a joint venture consisting of Fraser Paper Co., an Oregon corporation, and W. R. Fraser, Gordon B. Fraser and George E. Fraser. TITLE INSURANCE COMPANY Washington County Branch # mo► -.4.d."1,0..- Wirs"f7rs A. Parker JP/1v 4PW 'VW December 16, 1969 Commerce Mortgage Company P. O. Box 3347 Portland, Oregon 97208 Gentlemen Enclosed is a sewer easement for the City of Tigard on the land owned by Mr. Robert T. Cooper and mortgaged to your company. If you would please sign page two and return it to the City, it would be greatly appreciated. In reply to your memo of December 10th, 1969, I have been informed by our Building Department that the occupancy permit was ia: ued on December 15th, 1969. If I can be of any further assistance, please feel free to call upon me. Sincerely, Keith C. Thompson Director of Public Works KCT/bns Encl: 1 ' *ow fj/14 cAA-1/1-1, January 20, 1970 Title Insurance Company 12012 S. W. Canyon Road Beaverton, Oregon 97005 Re: Order #316823 Robert T. Cooper Gentlemen: Enclosed is the easement f;iit rift and Court Sewer. Please record and return 2r us at is office. Thank you for your coopera ' this matter. 11111111111iin"' elY' ioris Hartig City Recorder DH/bn 1 \:' 1 1600 MEMORANDUM December 15, 1969 TO: City Recorder FROM: Director of Public Works SUBJECT: Robert T. Cooper and Sylvia L. Cooper Easement I have mailed the easement for Driftwood Court Sewer to Mr. Cooper. It is anticipated that we will receive the said easement prior to next Council meeting, December 22nd. I have received the maintenance bond and the other necessary papers to have the project accepted by the City Council at that meeting. After the City Council has approved the easement and accepted the projects , the easement should be sent to Title Insurance Company as we have paid for insurance in the amount of $1,000 on this easement. The Title Insurance Company's order number is 316823. Respectfyll , KCT/bns