11033 ~ 115th Avenue ~ Gaarde Street Project: STS 32. 4
CORRECTION EASEMENT 110 3 3 Easement : T-25
Deed Reference: B 735, P 714
KNOW ALL MEN BY THESE PRESENTS : That we 5 Y r Lynn T. and Leota
J. Miller, husband and wife, and Elise Warnstaff
hereinafter termed gran :.or psi , in consideration of the sum of $ 284. 00
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 constricting , 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 ana C rposes of the easement;
said e .semens. area being XXXXXXXXX M XX •-...•. ):&A(XX
MiNtWc. 14e. ? X X1finwC X XX
‘KMILY„ff t►P►,:,5 4 0,* ,, c�. �,... •r�:a`• .mac. -,•'• •� - r 114: . , ,• a portion of that
tract of land in Section 3, T2S, R1W, W.M. , Washington County,
Oregon, conveyed to Lynn T. & Leota J. Miller as described in
Book 735, Page 714, Deed Records of said county; being 15 feet
wide, 7. 5 feet either side of a centerline which traverses the
premises as follows:
Beginning at a point on the North line of the tract, said
point being 360 feet, more or less, Westerly from the
Northeast corner of said Miller tract; thence South 20° 33 '
22" West a distance of 170 feet; thence South 87° 39' 37 "
West a distance of 95.39 feet; thence South 14° 49' 22"
West a distance of 166. 37 feet; thence South 24° 45 ' 21"
West a distance of 175 feet, more or less, to a point on
the South line of the tract, said point being approximately
630 feet Westerly of the intersection of the extension of
said South line of the aforementioned Miller tract, and the
West line of S.W. 115th Avenue.
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 KKK both side and within 17. 5
feet, when measured at right angles , of the above described
perpetual easement area, excepting and reserving to grantors
the unencumbered enycyment, use and preservation of all struc-
tures present upon the premises, This temporary easement shall
terminate uupon rcempl.etion of the sewer construction work , at
diF► a.
STATE OF OREGON )
) ss.
County ofwh; ngrnn ) 11033
On this day of September , 19 70 , personally
appeared the above named Lynn T. Miller & Leota J. Miller and Elize Warnstaff
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 TIGARD
zi)(
By: t/Xr- :
Mayor"
City Recorder
STATE OF OREGON )
) ss .
County of WashingFnn )
On this j;5 day of September , 19V70 , before me
appeared Elvin c;_ Kyle and Doris Hartig ,
both to me personally known who, being duly sworn, did say that he , the
saidElvin Kyle—._- is the Mayor, and he , the said Doris Hartig
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin.. Kyle and Doris
acknowledged the said instrument to be the free act and deed
of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set ipy hand and affixed my
official seal , this the day and year in- h. 17 4ertificate first written.
Notary Public for Oregon
/74 / 7/ - : '-' ., '''' f': : —
My commission expires
r-2.
RELEASE AND WAIVER
I- (we) hereby agree that all damages incurred from construction
done on my (our) property at
7-Ax L.or Ak). S00 ) /►'IAP 2S/ c
have been repaired to my (our) satisfaction and that my (our)
signature (s) release the City of Tigard and/or contractor from
further responsibility, except for the conditions listed below.
It is also my (our) understanding that any damages which show
up within one (1) year of this date, which were caused by sewer
construction done on the above listed property, will be repaired
at the contractor' s expense, including, but not limited to, loss
of shrubs or trees which were disturbed by the contractor.
Other conditions
Witness
Signed ) E/'
Signed C s,-
Date
Contractor
• 639 • .
7 .1711. ,cr l/ Project: STS 32.4
�., uL+jYe.} Easement: T - 25
duDeed Reference: B 1969 B 735 , P 714
City
KNOW ALL MEN BY THESE PR�SE RD That we (I) Lynn T. and Leota J.
Miller, Husband and wife, and Elise Warnstaff
tV hereinafter termed grantor (s) , in consideration of the sum of $ 284 . 00
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 and purposes of the easement;
said easement area beingFie-w- xe - tea-
3 =e-t=.E4 t-angle.--A =4€4.4. wwiAg"- we b c d-eefa-tee-1-i-n e--
wi�th�.:ta. he= �e�u-ice dcyie prises:
A portion of that tract of land in Section 3 , T2S, R1W, W.M. ,
Washington County, Oregon conveyed to Lynn T & Leota J. Miller
as described in Box 735 Page 714 , Deed Records of said Washington
County, being 15 feet, wide, 7 . 5 feet either side of a centerline
which traverses the premises as follows :
Beginning at a point on the North line of the tract, said point
being 360 feet, more or less , Westerly from the Northeast corner
of said Miller t ac ; tflOno : S 20° 33 ' 22" W, a distance of 170
feet, the ° W, dis e of 214 .75 feet, thence;
S _ ' r 21 W, 4i.e ance o 75<f�more or less , to a point
o S. th if e of the trar, spoint being approximately
63 t Westerly of he int-rs ction of the extension of said
o line of (Afomentione Miller tract, and the West line
of S. W. *,,i?. t Aenue.
V
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 both sides and within 17 . 5
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
September 22, 1970
Lynn T. and Leota J. Miller
13815 S.W. 115th
Tigard, Oregon 97223
Dear Mr. and Mrs. Miller: 0
I am enclosing f. ur r. •rds 1 . of sewer easement
which was record.` in Washi —• ton County Deed Records,
Book 7 92, Page 554,
/d1.
I Sincerely,
:!/1
Doris Hartig
City Recorder
nR/ip
Enc l.
9839
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 jer day of , 196-if,.
(SEAL) ������/, ✓"`-W' (SEAL)
(SEAL) . ,,: r` c.;, . ,i " i (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this 8th day of October , 19 69 .
ge-Zei-e-'
t
Contract Seller =
By -( • v;
Title , � " ,
�
�
, ,,-,
STATE OF OREGON )
`� ) ss .
County of Gt-2lt.,, 4- )
On this /9 day of 4ter-' , 19 6--: , personally
appeared the above named ��,, T- fK 7�r, a--.2. -� to / /; ��' _
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me; ?,„--. _ ,.��!��
Notary Public for Oregon
My Commission expires : ,--tel x' j/
•
T
0
Recpiv
/ I Tate 14.440,44,e2 Er,
• 425 S.W. Fourth Avenue/ Portland, Oregon OCT ./ 1969
Phone 222-3651 CITY OF T/CARD
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No, 316058 Premium $25.00
TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here-
inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date,
and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger
or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu-
lations hereof, which the Insured shall sustain by reason of:
1. Title to the land described in Schedule A being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not
shown or referred to in Schedule B, or excluded from coverage in the Conditions and
Stipulations; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness,the owner of which is insured by this policy,but only insofar
as such defect affects the lien or charge of such mortgage or deed of trust upon said
land; or
5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B such mortgage or deed
of trust being shown in the order of its priority.
all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which
are hereby made a part of this policy.
In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid
only when countersigned by a duly authorized officer of the corporation.
Countersigned =_`R1`•`NCF lull TITLE INSURANCE COMPANY
OFtPO1tA r •?'p President
Authorized Officer F- �G Ayes. �:Z j Attest: v eJi4
•
/// • • Secretary
PAGE
6 OF POLICY / •.•• .•
......
• •
REV.
TI-21 ll+f`'l`1 EG i7"-
•
9639
N
7-`2_, -,.
LYNN T. LEOTA 3. MILLER , 1
4,5 1 :,-)C_ 500
BOOK 735 PAGE 714
5G8 L.F.
GCALEt I " 7: ZOO '
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Filed to recod........... P/ ......................
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.................... . ir ....or of Records & ilections..0440:4
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BO i-0.° PAGE QUu" PORTLAND OREGON SEATTLE.WASHINGTON
i ...
X639
>tJ
0
STATE OF OREGON 4 1
County of Washington i /`/�/✓c- /
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. -75—/
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
Records & Ele ti ^�j
7
tkt lj ,� 0 r ti 'iii Deputy
i/
•
•
•
•
•
•
j
/•
•
0I 7 ()
Ce euestioafte,
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. 316058
Department of Public Works August 19, 1969
Tigard City Hall
Tigard, Oregon
Re: Elise M. Warnstaff
Account #2-32.4-290
Gentlemen:
We are prepared to issue title insurance policy covering:
See EXHIBIT "A" attached;
showing title on August 8, 1969 at 5:00 p.m., vested in:
ELISE M. WARNSTAFF,
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. Interest of Lynn T. Miller and Leota J. Miller, husband and
wife, vendees, as purchasers under a contract, including the terms
and provisions thereof, executed by Elise Warnstaff, a widow, as
vendor, dated August 18, 1966, recorded September 19, 1966, in
Book 615, page 473, Washington County Records.
Note: 1968-69 taxes, $665.72 paid. (2S1 3C 500 23-9; AFFECTS
OTHER PROPERTY ALSO)
We find no judgments of record against Lynn T. Miller and/or Leota
J. Miller.
TITLE INSURANCE COMPANY
Washington County Branch
4/James A. Parker
JP/lc
i
SCHEDULE A
Amount $1,000,00 Date October 15, 1969 At 3 :07 P.M.
INSURED
---CITY OF TIGARD---
easement
The fee simple title to said b ix)vis, at the date hereof, vested in
CITY OF TIGAR.D, a municipal corporation.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT:
Said easement area being a portion of that tract of land in Section
3, Township 2 South, Range 1 West , Willamette Meridian, Washington
County, Oregon conveyed to Lynn T. & Leota J. Miller as described in
Book 735, Page 714, Deed Records of said Washington County, being
15 feet, wide 7. 5 feet either side of a centerline which traverses
the premises as follows :
Beginning at a point on the North line of the tract, said point
being 360 feet , more or less, Westerly from the Northeast corner
of said Miller tract ; thence South 2.0 33' 22" West, a distance of 170
feet ; thence South 39°56' 21° West, a distance of 214.75 feet ; thence
South 24°45' 21" West, a distance of 175 feet , more or less, to a
point on the South line of the tract , said point being approximately
630 feet Westerly of the intersection of the extension of said
South line of the aforementioned Miller tract, and the West line
of S. W. 115th Avenue.
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 both sides and within 17.5
feet, when measured at right angles, of the above described
perpetual easement area.---
PAGE 2 OF POLICY NO. 316058
T 128
Oregon Land Title Association
Standard Coverage Policy
R 8-60
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured in Paragraphs numbered 4 and 5 on page 1 of this policy.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; pending pro-
ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance
or order therefor.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records;
unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. 1969-70 taxes, $273.57, unpaid. (2S1 3C 500 23-9)
6. Tigard City Liens, if any.
7. Rights of the public in and to that part of the herein des-
cribed premises lying within the boundaries of roads and highways.
8. Interest of Lynn T. Miller and Leota J. Miller, husband and
wife, vendees, as purchasers under contract, including the terms and
provisions thereof, executed by Elise Warnstaff, a widow, as
vendor, dated August 18, 1966, recorded September 19, 1966, in
Book 615, Page 473, Washington County Records.
9. Easement, including the terms and provisions thereof, granted
to City of Tigard, dated August 19, 1969, recorded October 15, 1969,
in Book 759, Page 803, Washington County Records. ---
Page 3 of Policy No.316058
TI-30
•
• SPATE OF OREGON )
) ss. J 339
County of Multnomah )
On this Pth day of October , 19 69 , personally
appeared the above named Elise Warnstaff
her
and acknowledged the foregoing instrument to be T ' voluntary act and
deed.
Before e:
,47 e...):„...7-'
Notary Publi for Oregon
My Commission expires : 6-28-71
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
l if
Mayor •--j�
y J
By: _L : 't.,> �.
City ecorde 4
L .
STATE OF OREGON )
) ss .
County of Washingtop
On this 13th day of October , 1969 , before me
appeared Elvin G. Kyle and Doris Harfig ,
both to me personally known who, being duly sworn, did say that he, the
said Elvin G. Kyle is the Mayor, and Ehe, the said Doris
Hartig is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin G. Kyle and Doris Hartig
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 this mcertificate first written.
,
i €
,G. F4 C `.'r ry___-_—.' -``� ...
NotaryPublic for Oregon
•
.Y /
r
My commission expires
t ,
fi
fiY f,, ,
•. s rt
jar --
Sel:teml„:er 16, 1D70
qr. Royer T.Aume.h
Department of Records & Elections
dashing-Lon County
Court House
\
Hills2,oro, Oregol..., )723 \,)
nt.:..; L a & - ,.oLa J. Miller
se Wa ;taff Easement
Dear 7,1r. Thomssen:
Please record the TT
enc _. - s\ew, . 1 mm attachiny
our c.lec.p;, to eor t ,-.. reeor% it
',
, -....e. \
Thank you for our i( si.13Lance
6
1 Doris Hartig
1
City Recorder
dh NN„,
enc. 2
$
,--
Order No. 316058
EXHIBIT "n"
Beginning at a point on the East line of the Southwest quarter of
Section 3, in Township 2 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon, which beginning point bears
North 0°37 ' East 1325.6 feet from a stone at the one-quarter sec-
tion corner on the South line of Section 3, Township 2 South,
Ra1ge 1 West, Willamette Meridian; running thence North 89°23 '
West 20.0 feet to an iron pipe on the West line of the County Road;
thence continuing North 89°23 ' West 729.9 feet to an iron pipe on
the Easterly line of that certain tract of land conveyed to Charles
S. Howard by deed as described onpage 96 in Book 146 of Deed Records
for Washington County, Oregon; thence South 30°30 ' West along said
Easterly line, a distance of 539.8 feet to an iron pipe; thence
South 89°23 ' East 1018.8 feet to a point on the East line of the
Southwest quarter of said Section 3, from which point an iron pipe
bears North 89°23 ' West 20.0 feet; thence North 0''37 ' East 468.0
feet to the place of beginning; EXCEPT THEREFROM those portions
conveyed by deeds recordedOctober 4, 1966 in Book 617, page 264,
Washington County 'records; recorded February 9, 1968, in Book
680, page 322, and recorded March 10, 1969, in Book 735, page7l4,
Washington County Records.
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SEE MAP
2S I IOB
747 r(7
63-P-486. 034 1\/lay 6, 1965
-Easement T-23
vertu T. > yenta J. Miller
14930 S. W. 163rd Ave.
Tigard, Oregon
Book 733 Page 714
2S 1 3C 300 563 lineal ft.
3^31:_
A rtion 02 thattract of land in Sectica 3 T2 w: , W. lvf. , Washington
County, Oregon conveyed to Lynn T. deoza J. :Calc= as ..lescribedin
Book 735 Page 714, Deed Records of said Washington County, being 15 feet,
wide, 7. 3 feet either side of a centerline which traverses the premises as
follows:
Beginning at a point on the North line of thetract, said point
being 3 deet, more or less, WE..ssterly from the Northeast
corner of said Miller tract;
Thence: S 200 33` 22"7.V, a distance of 170 feet,
'Thence: 3 39 ° 36' 21`W a distance of 214. 73 feet,
Thence: S 24 ° 43' 21' , a distance of 173 feet, more or
less, to a point on the South line of the tract, said point being ap rox-
i catem 630 feet Westerly of the interse,ction of the extension of said
South line of the aforementioned Miller tract, and the West line of
S. W. i 15th Avenue.
A TEMPORARY :EASEMENT
Identical in centerline location to the Permanent Easement, bemg 50 feet
wide, 2a feet either side os e aforementioned centerline.
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68-P-486. 054 September 23, 1969
Easement T-25
(Revised)
Lynn T. & Leota J. Miller
14980 S. W. 103rd Avenue
Tigard, Oregon
2S 1 3C 500 607 lineal ft.
A PERMANENT EASEMENT
A portion of that tract of land in Section 3, T2S, R1W, W. M. , Washington
County, Oregon conveyed to Lynn T. & Leota J. Miller as described in Book
735, Page 714, Deed Records of said Washington County, being 15 feet wide,
7. 5 feet either side of a centerline which traverses the premises as follows:
Beginning at a point on the North line of the tract, said point being 360
feet, more or less, Westerly from the Northeast corner of said Miller
tract;
Thence: S 20° 33' 22" W, a distance of 170 feet,
Thence: N 87° 47' 41" W, a distance of 95. 39 feet,
Thence: S 19° 21' 21" W, a distance of 166. 37 feet,
Thence: S 24° 45' 21" W, a distance of 175 feet, more or less,
to a point on the South line of the tract, said point being approximately
630 feet Westerly of the intersection of the extension of said South line
of the aforementioned Miller tract, and the West line of S. W. 115th
Avenue.
A TEMPORARY EASEMENT
Identical in centerline location to the Permanent Easement, being 50
feet wide, 25 feet either side of the aforementioned centerline.
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LYNN T. LEOTA J. MILLER
2,5 l 3C 500
=;3OK : 735 PAGE. 714
565 L.F.
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Stevens,Thompson S Runyan,Inc.
rJ. Rt Engineers/Planners
PORTLANC, QREGON SEATTLE WASHINGTON
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