7892
x892
Number:
Deed Reference:
KNOW ALL MEN BY THESE PRESENTS: That we ( , 111 or,L
~ i t, Lou O' Halloran, h.u.z-band anc;
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. Perpa: tual 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
z~Cl~tIg1~ X19#Gl~;'Y~Ih~~31t~x9tl~.~titll~~21t'Sd1sgT@~It~ Kl+>i11~'~'l;dlfi~i~'.d~#'t&f' •Ift~i~ie
a s f o i_ 1 ows
fifteen (1,0) foot wide strip of land in Section
Township 2 South, Range 1 West, Willamette Meridian,
`;-qashington County, Oregon; within that tract of lan:
conveved to Thomas M. O'Halloran and Betty Lou O'Hal-=r' ,
husband and wife, as recorded in Book 334, Page 160 o-
Deeds Records of said County; said easement area be:~
7.5' on each side and parallel with, when measure('
-_ight angles, th= following described center lin'--
ginning at a point on the Westerly line of sa+_
O'Halloran tract; said point being South 00 15' J.:.
109.68 feet from the Northeast corner of that tract o:
Nand conveyed to Wallace J. Brossean and Frances A. Bro., ,
~),asband and wife and recorded in Book 550, Page 253 of s:
Zed records; thence North 680 55' 30" East a distance o:
1,18.56 feet; thence North 540 14' 45" East a distanr- o:
0.4 feet, more o... 1
U' Hal 1-01".n
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--/-.Z -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 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.
BOOK 660 PAGE 411
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--_,o4_ day of e rc' e 19~ Y _ .
I c~~~l~U/~~ (SEAL) (SEAL)
J~nomas M. O'Halloran Be " Lou O'Hallor
(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 OREGON, i )
ss.
County of C ' s r5i, o a On this day of
Z
19 c personally appeared 7the;abo named
Z' w
j1-
H ((JJ
/ N
.4oregoing instrument to be their voluntary act and deed. ° .
and acknowdgec the,
- ° r o
Before me-
Notary Public for Oregon o \
~e Q e
° My Commission expires:--Z-Z-
0
BOOK 6W PAGE 412 .
' 789 2
~w
ATE OF OREGON
,Yunty of Washington ss
I, Roger ihomssen, Df ector'of Records and
Elections and' Ex-Officio Recorddr of, Conveyances
for said county, .do hereby certify, thaf the within
instrument of viriting was received and reForded
in book
in the Records of
of said County.
Witness my' hand and seal Affixed..
ROGER THOMSSEN, Director
eara~
c4 Deputy
SEP 10 9 29 AM '67
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333
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T4&
• 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. 313181 Preniiuui $ 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 stared 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 \ .~.1 ,j ~17_10,\:ti
are hereby made a part of this polic}
In witness whereof, TITLE
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 P`NCF 111TITLE INSURANCE COMPANY o
RPORA President
C .0
> Attest:
Authorized Officer - • ~ ~ ~ ~
PAGE 1 OF POLICY //1l J S`""11
REV. 7-63 C3
SCHEDULE A
Amount $1, 000.00 Date September 20, 1967 At 9:29 A.M.
INSURED
---CITY OF TIGARD---
The fee simple title to said land is, at the date hereof, vested in
THOMAS M. O'HALLORAN and BETTY LOU O'HALLORAN, as tenants by the entirety.-J
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 Thomas M. O'Halloran and
Betty Lou O'Halloran, husband and wife, as recorded in Book 334,
Page 160 of the Deeds 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 O'Halloran
Tract; said point being South 0°15' West 109.68 feet from the
Northeast corner of that tract of land conveyed to Wallace J.
Brossean and Frances A. Brossean, husband and wife and recorded
in Book 550, Page 253, of said deed records; thence North 68"55'30"
East a distance of 148.56 feet; thence North 54°14'45" East a distance
of 60.4 feet, more or less, to the Easterly line of said O'Halloran
tract.
TEMPORARY EASEMENT
TogetbEr 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. 313181
TI 28
Oregon Land Title Association _
Standard Coverage Policy
R B-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 he 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. Reservations as disclosed in deed, recorded June 26, 1952,
in Book 334, Page 160, Washington County Deed Records, executed by
John O'Halloran and Nellie O'Halloran, husband and wife.
7. Easement, including the terms and provisions thereof, granted to
City of Tigard, dated September 2, 1967, recorded September 20, 1967,
in Book 660, Page 411, Washington County Records.---
Page 30f Policy No. 313181
TI-30
WASHINGTON l,VU1v 1 i
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