2226 ~ Hunziker Street 0 .
_ Pr- • SW Hunziker St. - LID
Es� _L.: R/W #21
Deed Ref. : 768/429
2226 TL #1201 (2S1-1)
STREET DEDICATION
AND SLOPE EASEMENT 1975
CITY OF TIGARD
KNOW ALL MEN BY THESE PRESENTS, that Georgia-Pacific Corporation,
a Georgia corporation, hereinafter termed grantor, in consideration of the
sum of $55. 46 to be paid by the CITY OF TIGARD, a municipality of the State
of Oregon hereinafter termed the City, or at the option of the City to be
credited in part payment of Hunziker Street improvement assessment against
the premises, of which the following described areas form a part,
Grantor gives, grants and dedicates unto the Public the following:
A perpetual right-of-way and easement for public road, public
street and public utility purposes to become a part of the
public right-of-way of S.W. Hunziker Street on, over, across, along,
under and within that portion of that certain tract of Grantor(s)
as described in Deed Book 7 at Page 429 , Deed Records of
Washington County, Oregon, lying North of a line drawn
parallel to and thirty (30) feet South of, when measured
at right angles of the following described center line of S.W.
Hunziker Street, said center line being described as follows:
In the William Graham Donation Land Claim No. 39 in the North
half of Section 1, Township 2 South, Range 1 West, Willamette
Meridian, City of Tigard, Washington County, Oregon.
Beginning at a point on the center line of S.W. Hall Boulevard
located South 57° 16' 06" West 803.95 feet from a stone marking
the Northwest corner of the William Graham D.L.C. #39;
thence
along the center line of S.W. Hunziker Street South 61° 11' 11"
East 1989.59 feet to a point of curve; thence along the arc of
a 200.00 foot radius curve to the left having a central angle of
10° 57' 10" the chord of which bears South 66° 39' 46" East 38.17
feet (an arc distance of 38.23 feet); thence South 72° 08' 21"
East 601.66 feet to a point of curve; thence along the arc of a
200.00 foot radius curve to the left having a central angle of
18° 01' 18" the chord of which bears South 81° 09' 00" East 62.65
feet (an arc distance of 62.91 feet); thence North 89° 50' 21"
East 188.90 feet to the terminus at Oregon State Highway station
"H" 449+00.00 of the Beaverton-Tigard Highway Section, said terminus
being North 15° 18' 46" West 2660.19 ft. from a stone at the Easterly
Southeast corner of the William Graham D.L.C. #39, and South 30°
38' 12" West 1493.76 feet from a 2" iron pipe at the Northeast
corner of the William Graham D.L.C. #39, said 2" iron pipe also
being the initial point of Hermoso Park Plat.
BOOK1043 PAGE989
Page 1 - STREET DEDICATION AND SLOPE EASEMENT
STATE OF OREGON )
) ss.
County of Multnomah )
2226
On this 6th day of June, 1975, before me appeared R. B. Pamplin,
to me personally known, who being duly sworn, did say that he, is the
Chairman of the within named Corporation, and that the said instrument was
signed and sealed in behalf of said Corporation pursuant to its bylaws and
who acknowledged said instrument to be the free act and deed of said
Corporation.
IN TESTIMONY WHEREOF, I have
STATE OF OREGON hereunto set my hand and affixed my
County of Washington ss official seal the day and year last
above � itten.
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of
Conveyances for said county,do hereby cer- i
tify that the within instrument"of writing
was received and recorded in book of records.
No. Notary Public for Oregon - r
of said County. My commission expires: ,r, C/ /7
Witness my hand and seal affixed..
ROGER THOMSSEN, Director
of Records& Elections
�l
Dept' r �
SEP 15 10 36 s
9 i5 aoOK1043 pAuL991
•
2226
II. Grantor also hereby grants, bargains, sells and conveys unto the
City the following:
A permanent right-of-way and easement for the purpose of constructing,
maintaining and/or repairing slopes, Cuts or fills occasioned by or
resulting from the improvement of S. W. Hunziker Street, within an
area described as follows:
That portion of Grantor's lands as described in Deed. Book 768
at Page 429 , Deed Records, Washington County, Oregon,
lying North of a line drawn parallel to and forty(40)feet
South of, when measured at right angles, the center
line of S.W. Hunziker Street, as described in Parcel I above
described, reserving, however, to Grantor, heirs and assigns
the full use and dominion over the said easement area; provided,
however, that such use shall not be permitted to interfere with the .
purpose for which the easement is granted.
Should it be necessary to cut and remove any brush, trees, or
other materials from the above described easement area, the City
agrees that same shall be removed and disposed of by the City
and the area left in a neat,and workmanlike condition.
The grants in I and II above are SUBJECT TO the right, title and interest
in Grantor's lands of any third party whomsoever, whether or not pursuant to
any instrument now appearing of record in Washington County, Oregon.
By acceptance hereof the City of Tigard covenants and agrees to indemnify
and save Grantor, its successors and assigns, harmless from damage to
Grantor's properties, including but not limited to improvements now or
hereafter located thereon, and from the claims and demands of any third
parties whomsoever for injury to person or property arising out of or in
any manner caused by the exercise of the rights and privileges herein
extended to the City of Tigard.
IN WITNESS WHEREOF, Grantor has caused the instrument to be
executed by its/ duly authorized officers and its corporate seal to be hereunto
affixed this C�-- day of June, 1975.
GEORGIA-PACIFIC CORPORATION
B y y r �`��
CHAIRMAN ✓
A TTEST:
sistant Secr-tary
Accepted by the Tigard City Co cii on Se tember 8, 1975. B00K1043 PAGE99O
--?
City Recorder
Page 2 - STREET DEDICATION AND SLOPE EASEMENT
June 12 , 1975
MEMO TO: Mr. John Laws
Planning Department
City of Tigard
FROM: Anderson, Dittman & Anderson
SUBJECT: GEORGIA-PACIFIC EASEMENT DEED
As you requested, I have reviewed the within easement
document executed on behalf of Georgia-Pacific, which has been
tendered in lieu of the document in the form prepared by this
office with respect to right of way easements on S. W. Hunziker
Street.
It is impossible to determine from the document as now
written whether Georgia-Pacific Corporation is granting any rights
whatever as the answer depends upon the extent to which Georgia-
Pacific has ownership rights in the property. The grants are
"SUBJECT TO the right, title and interest in
Grantor' s lands of any third party whomsoever,
whether or not pursuant to any instrument now
appearing of record. . . "
This clause leaves everything in doubt and the only reliable
answer is to obtain a title report to determine whether or not
Georgia-Pacific is in a position to make the grant and to ascer-
tain what other parties or rights may exist which are not included
within the grant.
When you have a title report in this connection, we will
be glad to recheck the matter, or if you desire, we will order the
necessary title search.
With respect to the save harmless clause contained in the
deed whereby the City of Tigard would agree to indemnify the grantor
from any property damage of the grantor, or any claims or demands
of third parties , for injury11arising out of or in any manner caused
by the exercise of the rights privileges herein extended to
the City of Tigard" , we feel that the indemnification is unduly
broad and inclusive . However, it extends only to injury to person
or property arising out of the exercise of the rights purportedly
granted. If the City includes a similar clause of "save harmless"
in the contract for construction and otherwise exercises reasonable
foresight and care, no problems should arise out of this provision
now or in the future. Moreoever, it is probable that the City is
insured in this regard under its liability coverage.
You indicated that a transfer of interest in these premises
from Georgia-Pacific to Fred Fields , or some other person, or organ-
ization was in the offing, and, of course, unless Georgia-Pacific
is the sole owner of the property at the time the deed is recorded,
it will be necessary to obtain grants fromvitrntver has the possessory
or title interest in the premises at the time of the recording.
If we can be of any further assistance, please advise.
d. A. Anderson
FAA:pml
September 12, 1975
Roger Thomssen
Dept. of Records and Elections
Washington County Courthouse
Hillsboro, Oregon 97123
Dear Mr. Thomssen:
Please record the following Street Dedication and Slope Easements in the
Washington County deed records:
Wistar M. Adair (Sr. ) & Wistar M. Adair (Jr.)
James Kwong
Clinton D. & Virginia E. Craven
David H. & Freda K. Martin
Steve T. Nitsos
James & Elaine R. Wineinger & Albert & Dolores E. Stover
U. S. Natural Resources, Inc.
Safeguard Automotive Corporation
Edward C. (deceased) & Babette Hunziker
BR & G Co. and Columbia Mortgage
Edward C. Hunziker (deceased) Doris Hartig, personal representative
Donald E. & Doris Hartig
Western Foundry Co.
Coe Manufacturing Co.
Georgia-Pacific-Corporation
Fred W. & Suzanne Fields & Gerald J. Edwards & Marvin D. Edwards
Fred W. & Suzanne Fields
Our check to cover recording costs is enclosed.
Sincerely,
Doris Hartig
City Recorder
ms
Enclosures