80-046724 & 77-9170 ~ Durham Road • oject: Durham Sewer
Easement:
Deed Reference: N
Book 145, Page 449 N.
CI)
KNOW ALL MEN BY THESE PRESENTS: That I Ada Niva
hereinafter termed grantor, in consideration of the sum of $ 500.00 p
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the U
City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right- C°
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
easement, 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 described as
follows:
The North 25.00 ft. of the South 45.00 ft. of that tract
described in deed to Albert and Ada Niva in Deed Book
145, Page 449, Washington County Deed Records.
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 contractor and the Contractor 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 workman-
like condition and as nearly in the pre-existing state as practicable. The amount
tendered on Paragraph 1 of this agreement shall be full and just compensation in lieu
of landscape restoration.
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 15th day of September , 19 80 .
(Seal) (Seal)
For a consideration, the mortgage lien on the above described properties is
hereby made subordinate to the easements above granted.
Dated this day of , 19
Mortgagee
By
Title
Page 1
Easement
STATE OF OREGON )
) ss.
County of Washington )
On this 15th day of September , 19 80 , personally appeared
the above named Ada Niva
and adknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
N= ary Public for Oregon
My Commission expires: //-7,1 -17--?
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply
with each and every term and condition thereof.
CITY a RD .4 /
BY:
Mayor
BY: c
City Recorder
STATE OF OREGON )
) ss.
County of WASHINGTON )
On this 8th day of December , 19 80 , before me appeared
Alan Mickelson and Doris Hartig ,
both to me personally known who, being duly sworn, did say that he, the said
Alan Mickelson is the Mayor, and he, the said Doris
Hartig , is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Alan Mickelson 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 my certificate first written.
Notary Public for Oregon 1/
4-14-84
My Commission expires
Page 2 •
Easement
Owl *isot
STATE OF OREGON
I.
County of Washington SS
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 of said county.
ROGER THOMSSEN, Director of
/ift Records & Elections
ee.# 49,(Oid,4,1
I2 Zo'� GU•
Via• „'397
19lu arc 22 FA 3: 38
�rao, 97.2 3
7f- 9170
,. . ORIGINAL
, .
Nor
Prb/tct :
Durham Sewer
Easement : 7.6. 0 400-lobb
Deed Reference:
Book 145, Page 449
KNOW ALL MEN BY THESE PRESENTS : That we (I)
Albert and Ada Niva
hereinafter termed grantorls) , in consideration of the sum of $ --
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 ourposes of the easement;
said easement area being _ feet on eaen side, when mea-
sured at right angles , of the following described center line
within the following designated premises :
Said easement being described as follows: The North
25.00 ft. of the South 45.00 ft. of that tract des-
cribed in deed to Albert and Ada Niva in Deed Book 145,
Page 449, Washington County Deed Records.
Temporary easement:
o. tt er with the temporary right of ingress , egress , and
regress , . t.icl use for sewer construction purposes , of adional
lands
lying parallel to, along . - •0 _ tide and within
feetlc., when measured : ..1 t a771".P.M7-cf the above described
perpetual easem it -re.;., ac AIT—Ing a flaeserving to grantors
the unencumbered ;e4:jo ..te , use and presetion of all struc-
tures present u L e premises. This temporan. -asement shall
terminate , ,,... . completion of the sewer construction ' . . at
whict me , upon request of the owner, the City will issu-
itten release thereof.
Page 1
Easement
BOOK 12,0 2 eAcE268
_
•
N Imo
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 / 57-, day of /914/L , 1977 .
•(SEAL) e ( <( t`�_ L ~ 1 r. ` (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 this / 5T day of 4j,/?(L , 19 7 7
Mortgagee
By
Title
STATE OF OREGON
) ss .
County of Lir:640
On this /tet day of _---� .v 4.t , 19d77, personally
appeared the above named / j/q
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
7/124.4.4.."-L
o ary Public or Oregon
My Commission expires : ` /9"7,
Page 2
Easement
BOOK 1202 rncE 269
STATE bF OREC-eii *ilow'
) ss.
County of `,� )
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instru -nt to be their voluntary act and
deed.
Be .•re me :
Notary Pu, is for Oregon
My Commission ,= pires :
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
uy : 140"..";CL•a&V" _,
/041 V/ .,
;v
LI / 1:'Ccorder
STATE OF OREGON P
) ss .
County of ?' ,4, ,:1: _ )
On this day of ,i4,1, e-,,, , ,, , 1/96y? , before me
appeared /..0,/ii,,,.. 1' 6,.. .tea and -�>,s4_A ` �,.L., ,
both to me personally known who, being duly sworn, did sax' that he , the
said Lt),/b ,, fl /y„j,_ , is the Mayor, and`-he, the said
\I-7),,,,; -//r by is tie Recorder of the CITY OF TIGARD, a municipa
corporation( and the said
!1} ,_, , . ,,e and ,J),„, a_; �
acknowledged the said instrument to be the free act and deed
ofac mu ^ cpal corporation.
IN TES'T'IMONY WHEREOF, I have hereunto set my hand and affixed my
official seal , this the day and year i is my p- rtificate first written.
abG1-k
Notary Public for Oregon
My commission expires
Page 3
Easement q
BOOK 120 2 PAGE l O
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C.R. No. 429 i1--
GO GO
STATE OF OREGON — W
3EWET� ESMT. AREA
County of Washington SS
qq ') C 7 V7
BOOKI2O�, PAGE r1
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.
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
Records & Elections
i ��
cre-ip
INDEXEtI SEP 22 10 55 AH '11
September 21, 1977
Roger Thomssen
Washington County Courthouse
Hillsboro, Oregon 97123
Dear Mr. Thomsen:
The enclosed check is to cover the charges for recording of the attached
Durham Sewer easement for Ada Niva.
Thank you for your assistance in this matter.
Sincerely,
Doris Hartig
City Recorder
/br
Encl. Ck 4715
13. ACCEPT SEWER EASEMENT - Ad. .va, S.W. bl,-!:ham Road
(a) City Administrator recommended 4PProv41.
(b) Motion to accept; Councilman Mickelson, seconded by Councilman
Approved by unanimous vote : f Council .
14. ACCEPT EASEMENT Lawrence T. Jackson and Samuel Cotter Jr. - Lthfinder II
(a) City Administrator advised Council Item did not require Council action and
recommended removal from agenda.
Council concurred.
15. S,.W. WALNUT COURT - Status Report on Realignment
(a) City Administrator reported Barney McPhillips, of Peavy Oil Company, had
not returned agreement regarding street dedication - Administrator futher
stated McPhillips would be out of town for approximately 30 days - staff to
follow through when McPhillips returns.
16. PUBLIC WORKS DIRECTOR POSITION - Status of Recruitment.
(a) General discussion by Council and staff regarding the two applicants which
were interviewed and the possibility of interviewing Theron Martin.
(b) Council directed staff to advertise position in League of Oregon Cities
publication and the American Public Works Association publication for Oregon,
Washington and California.
17. CITY ADMINISTRATOR POSITION
(a) Council concurred to call an Executive Session, following September 19th
meeting, for the purpose of further consideration of applications
received.
18. RESOLUTION No. 77- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC
IMPROVEMENTS CONSTRUCTED WITHIN ENGLEWOOD (lots #1 - #88)
SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS.
(a) City Administrator recommended item be held over to the September 26th
meeting.
Council concurred.
19. RESOLUTION No. 77- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC
IMPROVEMENTS CONSTRUCTED WITHIN ENGLEWOOD II (lots #1. -
#67) SUBDIVISION, SUBJECT TO HEREIN SPECIFIED ODNDITIONS.
(a) City Administrator recommended item be held over to the September 26th
meeting.
Council concurred.
Page 3 - Council Regular Meeting Minutes, September 12, 1977
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•
(ALSO: PAT/ SA3 11t.U7 998/215 1�} '
1