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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 tai ~ ' _w H "IJ , w c x !1 ' 6 ~OD . 5~ 1 1,, 360 c-0 o s N, ? di Ac r xi Q 1 f r 1100 1101,.,1• .s , r t ~7 4, r. a a.` M81fi r o l V~ ~ sit .i: ' ~.4: ~ ~ t v^~•y _ - -'.w - - - - - Y ; ♦ - 1 ~1C1y _ IlAc. r 842.08' \ m x cn k .60 E 566 1200 0 Y 87Ae. LLB _ N N I N = a O m N 3 a S 1n N -2 /11", O QLf1 N O N~ EA5T~98.8 .9 _ 5 M P . J 792.84 1- ; 1301 ~ cj I x 2S 1 i I A tffSf~1S}Ilff tft 1 f o a o 2.49 Ac. W 150 !4 .4700 a Z 1/2'W 4b5.13 616.3' S 8° 06 i it 65 Ac. - u -0 ~ ~ 16T.9 N89°2o W - - r c' - \ 1400 1879 1. 94Ar- i ' A« ' i r S89°44' \ 800 EAST 567.04' a 142' 1.64Ac. r 15004 zy' 1600 -j c~ \ 41 1.78 Ac. 3.23 Ac- 0 o 0 0.69Ac. n J 4 x d 7 vo at 8 vo O O N N to z - 8 21~2 T mas m. O'Halloran c~\ Z 1 ts;, Betty Lou O'Halloran Ises°zo~ Ne"eo'N' N88° 20'W 168 ° 20' W 3 34.C 1 1 89 68 130 N8 9 335 5' I 1 0 77 333 82505 SW BOT;1ta Road 7-16.25' / s"e- Cj C, 4 Z~`00 330. a 2gw - 330.97' 40 Soo k 3 3¢ P a g l 6 D 400 2 2600 4000 4 100 C\ 11700 0.47A 0.46 .82Ac. 052 Ac. 0.59 Ac. 1.68 Ac. { 4.03 Ac. " /.70Ac. ra x Lo f 800 M _ 0 R 19 g 68 67 NO on o r O c 14- 2 011 N _ a ct 2900 W N ~ W P 34 Ac. r ~ 334 93' 330.1 S' ~ 3 30 IS' NIR 2 300 334.95' t 3900 4200 0-94 Ac. r e 1, 94 Ac. 1.88Ac. ' _ r. ~ 5 12 8 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 SEE MAP SG - 'E I"-=2013' 2 1 2S 1 2 D D NW CORNER JAMES __E MAP ' H fl(CKLIN DLC NO 43 1 1 ~z L 7- 33 5:{00 401 r \ l i 19. 9Ac. - 9 85 Ac. 9 16 c i 12 P, V N Q 100 33 101--- - -L ~ ?/Ac - .93Ac 4 n 2 l + t` ~ w M 2 N ; o `A u " J ko 0 642 OB E 566 - z ~ J 1200 600 LL{ .97Ac r u \ ? u N 1 Q = c\j N 2 r N 1A 0 N EAST:=98.8 1.' N M _ 792 84 s 1301 L~ I Q~ 249 Ac0 J w 150 9jP4c °o r 150, N Z06 1/2'W 46515 a w o S ! 65 Ac. 879 1400 N8_70 W i 187 s' l.94 Ac N89° 20*W 2S890 4 4'%W 800 v4> EAST 587 04' 4 142' 1.64Ac.`.✓ i 1500 1600 cv Ii i 1 78 Ac 3 23 Ac 3 3 0 0 ° a N. 5 M ~ 0 ~ a (X z o z i 1 S 89° 20'E ` 216 25' log 66, 150' 14890 20'W 335.5 ~!Ti1JR 736..ia - - -T 1700 - - 2400 2 2600 a 2700 330 B'2800 400G 047A 046 8?Ac 052Ac. 0.59 Ac. lTOA: 4.03 Ac O ow 0 ~1 N 9 v co 0 9 a ir 2900 N M ri co 1 2 54 Ac, 3Q4.5~' 2 300 334 95' 3901, -6'- - - /.94 Ac 1 B94r on 76/ Ac. r 59 n 60 a o LAJ m m in > M N Q N N i 338.91' t 2200 33e 91' + 3000 3800 r 94Ac 1.94 Ac. BIA _ - 619 29 i ~ m ,o 7 57