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7891 7891 1 S E h J 1 Number: -1-0 (S S IL 67-2) Deed Reference: 3 60 6 KNOW ALL MEN BY THESE PRESENTS: That we hereinafter termed grantor(s), in consideration of the sum of 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, 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, recon- structing, 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_-_ -f ~ C X1i[ i}ape) '33T~ 9+ C LD~iR>' @i ~MWJTi lathe pS~>I as f 01- 10`<IS fifteen (15.0) foot wide strip of land in Section wnship 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; within that tracT of lane (.,)nveyed to E.G. Gill and Inez L. Gil]-, husband and end recorded in Book 606, Page 605 of the Deed Records ounty; said easement area being 7.5' on each side an, ,arallel with, when ,7--scribed center line- ginning at a pusnt on tie Wes ter-Ly iine of said Gi_t ' `=racT', said point being North 545.25 feet from the Soul-I ,-st corner of said trac'T; thence North 730 53' 30" Eac. distance of 163.7? feet; thence N^rth X30 25' 15" EF-;: distance of IT— -3 c7T. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within-7 7 ~ 7 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 structures 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 written, release thereof. 600K 660 PAGE 400 7K ♦ Re5o--1. J n~~ '-o -L-:e c-rantozs, ir iltil~s any, aSS1C s e j l , i:il r1cjlli •'u0 construct, maintain, repair and use a roadway and/or bridge ove_: and across said easement and to install, reinstall, operate, ma}_--C.- and repair water lines, gas lines, telephone and electric lines -1--c'. serve the real property owned o - of the within described easemen'-. It is further understood and agreed that grantor to grantee only on condition that the underground sewer line be constructed so that the flow line be not less than 4 Tee:- _ ce of the real rropert-r as same shall now exist. 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--_ _ -day of it ' ~ - ~j' - -(SEAL f/ l (SEAL) GV1 - - - -(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. --day of _ 19_ Mortgagee By - - - - Title STATE OF OR ) ss. County o On this1 -d o 19Per nally appeared the above named and.ackno%l- ddeyl the foregoing instrument to be their voluntary act and deed. Before , •1, - otary Public or Oreg c,g My Comm sion expires:- MY w- "I BOOK 60lJ PAGE 409 1 X91 • n a D D t_i O O r Fl- O N F-~ s ;F • O O ~7d :J ,gyp sA 2 , N O p/ 0 ZZ s N a l N• nl 70 y n 292t O it e o ri 11 l ili2~ 7llrillfll1l211kffffSf ffE1SSSffIff34f 1~} f {tifESf)>'fs %A2 4 80 41 51 m 11-5 0! ° O m u W N 169.2 by U ` b Q)r >E O NORTH % I 1 F~:O~ ~,W O ! w~ u ~ m 4 wO u A I 0 m N m ro - n C o. m W u o N t t u WILLIAM GRAHA DLC 39 164.9' i N9" 6'!-- 5 LOT 2 N_. 4.15 Ac A_ tie- b W 400' S0°15'W ~~2 12924 90°15'W ` a a _ m "om w Q s v m O O o9 'O WE9T LIKE JAMES H HICKLIN D!_C 43 O w q O w ~ A of ~ p O LA N NORTH 400' *S 100 ti a) 500, v g n u 44- 262.43' 0 0 -•"tERM 1290 ~~It 500' 5796.3' N NN1296.3 Q) o m w 0 O w I> THIS- SKETCH ;S MADE ,SOLELY F R u -o rv "URPOSE OF ASSISTING IN J,0 i.JG Oo {I'~ PREMISES AND. NOT A 5,6 ,VEy V ' w t'4''. OF TIGAPT' . w 1 :A o 260.08' ~ 1 300.2, a o p0 ° - W o w 294.22' + TERM 933; _ 8. 257.69 0 n A \ 294.32' - ~8 a m Y Y AvI. O m v ,D Filed for zcq~ort3.. 02 C~.. ..19....l.a ° w w No ROGER TFOMS~~SI x R*-. ords & El.epc9P~"! Q p m w,,,rnw~...,,1.,.~.,, .Fr'a,.*+.F.• ..,Deputy W N 130 ~ 6BOOK PAGE 41O i 10/ f Ilj9 SiOE OF OREGON ss off'" ,?-ty of Washington ~I I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within recorded instrument e: writing was received and1-44. in book in the Records of - of said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director ~ 4~ Deputy ~ SEP 10 9 29 AM 'fiT T46 i e4 425 S. W. Fourth Avenue / Portland, Oregon WASHINGTON COUNTY OFFICE Phone 222-3651 526 N.-W. CANYON ROAD • BEAVERTON, OREGON TELEPHONE 646-8181 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy No. 313183 Premium $ 2 5.00 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 ~X xxx F 11111 TITLE INSURANCE COMPANY P'N 0, 1 ~ - ~Zu,~ 0 By ~4 FtPOR,Q ~~'O President ~ _J :GO T, - Authorized Officer I.-_ ' Attest: r ails i ~~r Qse.Si ° 00, Secretary PAGE I OF POLICY / REV. 7-63 / TI-21 d 0N E!G 0``.~` SCHEDULE A Amount SL, 000.00 Date September 20, 1967 At 9: 29 A.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to said ka& is, at the date hereof, vested in E. G. GILL and INEZ L. GILL, as tenants by the entirety.--- The land referred to in this policy is described as: PERPETUAL EASEMENT A 15.0 foot wide strip of land in Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; within that tract of land conveyed to E. G. Gill and Inez L. Gill, husband and wife, and recorded in Book 606, Page 605 of the Deed Records of said County; said easement area being 7.5 feet on each side and parallel with, when measured at right angles, the following described center line: Beginning at a point on the Westerly line of said Gill tract, said point being North 545.25 feet from the Southwest corner of said tract; thence North 73°53'30" East a distance of 183.74 feet; thence North 63°25'15" East a distance of 176.5 feet, more or less, to the Easterly line of said tract. 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 both sides and within 17.5 feet, when measured at right angles, of the above described perpetual easement area.--- PAGE 2 OF POLICY N0. 313183 TI 28 j.E I"=200' EE MAP Sa ?S I _ 333 5, 3~~3 S` a4ST...!: 34 & \~0 2• ` 1i0 Y3s}~ dap 401 #lSA~c. 9 16/lc 4 92 Ac 4.9 2 Ac. 14.9! ~O d• gyp, f OC 1 t: Fr'' - 2 H O Q O O N N O Fn M 0 z Z 0 w) N - N WEST 316.51 101 4.6 4 Ac. O O 4009 N VI z 0.69Ac 4t . I N M - a c m Q N N 822 1 ~ f NIB 9°20,W N89°20'W S88°59W 1 4i,270,AW 335.5' 334fi III.O, N89°2O'W 166.77' 151.1, 165.4 IIA C 736 333.5 ,Q 550 8 2800 330 97' 40 330 97100 40 .'4( 0.59 Ac. 4000 4100 5000 5101 52C 17DAc 66 Ac. 4lAc .39Ac. .93 i, a, f 9 0 w 68 m N 0 on n 67 n 05' 100 N 520 N N N 5100 N W 334_ _ 330.15 330.15, _ 330.16; 3900 4200 T 1.86Ac. 0.94 Ac W { LLJ a 0 61 N`z 60 m 62 63 z o- to N w 4 300 N W N > 0.94 Ac N < 0 r Q 338-91, 1 329 28' 329 28' 329 29' yJ 3800 + 4400 4900 + 5300 Ac. 1. 68 Ac. 1. A8 do i - n. Oregon Land Title Association Standard Coverage Policy R 6-60 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. Tigard City Liens, if any. 6. Easement, including the terms and provisions thereof, granted to City of Tigard, recorded September 20, 1957, in Book 550, Page 408, Washington County Records.--- Page 3 of Policy No. 313183 TI-30