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9629 ~ Hunziker Street 9629 Proj: SW Hunziker St. - LID 'ssmt:R/W #24 Deed Ref.: 418269 TL #300 (2S1 1DB) STREET DEDICATION AND SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS, That we (I) Richard W. & Anna S. Homer, husband and wife, hereinafter termed grantor(s), in consideration of the sum of $9 .33 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, I. Grantors give, grant and dedicate 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 418 at Page 269 , 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. I REC SEP 25t:. ') foto BOOK 1054 PALE 608 II.. Grantors also hereby gr- 'it, bargain, sell and convey unt- the 9629 City of Tigard the foll_ding: A permanent right-of-way and easement for the purpose of constructing, maintaining and/or repairing slopes, suts 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 418 at Page 269, Deed Records, Washington County, Oregon, lying North of a line drawn parallel to and forty(4O) 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. Grantors do hereby warrant that they are the owners in fee simple of the described premises and have the right to grant the easements hereinabove set forth. WITNESS our hands and seals this day'of J f( : /- 197 . � � y L� A,, 2' /Lj . (SEAL) (SEAL) ,.,52C5• (SEAT') (SEAT') (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby make subordinate to the easements above granted. Dated..this ' 21st day of October , 197 5 . BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA _ Mortgagee ATTEST: Bye Ira B. Crawf. . , Second lice President „1/4.4....q • L. L. McDonald, Assistant Treasurer Title STATE OF Ma= 7 ,'K' ) ) ss. County of ) On this 3 day of Se Tech /5 , 197 -s , personally appeared the above named _ �, hs�„ L„i /` � .//1 44 E S / 4p. and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: ACCEPTED 3Y TIGARD CITY COUNCIL AT / REGULAR 1EETING I OVEMDER 10 , 1975 . Notar Pubic or/ .,g4/2/t:14x4 Z�` My Commission Expires: saris hartig , Ciby R, order �///75 BOOK 1054 PALE 809 • . 9629 STATE OF XV.3=011 MISSOURI ss. County of Jackson On this 21st day of October , 19 75 , before me appeared Ira B. Crawford and L. L. McDonald both to the personally known, who being duly sworn, did say that he, the said Ira B. Crawford is the 2nd Vice President, and he, the said L. L. McDonald is the Assistant Treasurer of Business Men's Assurance Company of America the within named Corporation, and that the seal affixed to said instrument is the corporate real 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 Ira B. Crawford and L. L. McDonald 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. My commission expires: Notary Public zEuitx:Onegar , Jackson County, Missouri My Commission expires • STATE OF OREGON 1. ss County of Washington I, Roger Thorn§ en', Director of Records and Elections and .Ex:Offi0O:,:ftecorder of tC;r7teiNitaatnt fowritsittid,county o,ent ,:frewycer ri ting Was recatved and recorded in book,Of records. No of saidTdunty: J ig Witness ay band and, iataffixed,,,' FIGUM R OMSSPi, Director 6f,.Records& Eloptionsf 800x1054 muii10 Deputy Navt8 11 29 Aliri5 .a is tions. to set public hearings: Councilman Moore; seconded by Councilman Barkhurst,. Approved by unanimous vote of Council. 7. APPROVAL BY COUNCIL AND AUTHORIZATION OF MAYOR AND RECORDER TO EXECUTE: (a) City Administrator synopsized the following documents and recommended Council approval: (a) Sanitary Sewer Contract Coena A. & Jake W. Cutshall, 12670 S. W. 68th Ave. Roger P. Grahn, 14195 S. W. 112th Ave. (b) Terrace Trails Storm Drainage Sewer Easement Fred E. Trueax and W. A. Began (2) (c) Terrace Trails Sanitary Sewer Easements Leota J. Fritz (2) Edwin B. Cause Fred E. Trueax 4nd W. A. Began (d) Gevurtz Furniture Co. , Sanitary Sewer Compliance Agreement Gevurtz Furniture Co. , Cash Bond Escrow Agreement (e) Tippitt Place Subdivision Sanitary Sewer Compliance Agreement Cash Bond Escrow Agreement Sanitary Sewer Contract " Sanitary Sewer Easement (f) Englewood 2 Subdivision Utility Easement Commonwealth Properties (g) Fought-Expressway Interceptor Sewer Agreement (b) Motion to approve: Councilman Moore; seconded by Councilman Barkhurst. Approved by unanimous vote of Council present. 8. ACCEPTANCE BY CITY COUNCIL - S. W. Hunziker Street L.I.D. Street Dedication and Slope Easement, Richard W. & Anna S. Homer (a) Motion to accept: Councilman Cook; seconded by Councilman Moore. Approved by unanimous vote of Council. 9. RESOLUTION No. 75-54 - RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC RESTROOM IMPROVEMENT CONSTRUCTED WITHIN JACK PARK, IN THE CITY. OF TIGARD, AND AUTHORIZING FINAL PAYMENT THEREFOR. (a) City Administrator reported work has been completed in accordance with plans and specifications. Resolution accepts the improvement and authorizes finial payment. (b) Motion to adopt: Councilman Moore; seconded by Councilman Barkhurst. Approved by unanimous vote of Council. PAGE 2 - COUNCIL MINUTES - NOVEMBER 10, 1975