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7887 T Number: ( =)'L (L-1 7- 2) ' Deed Reference: KNOW ALL MEN BY THESE PRESENTS: That we (f) i':ro se, ;ushan(f & wi_-,e--- - - hereinafter termed grantor(s), in consideration of the sum of $ L~ 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 ~Ioe1~Ye#erurx3#I'?~€~~the ~fgi tn► ad i~e~ t~ as f o i l oT..,7s s fifteen (13.0) foot wide strip of land in Section Township 2 South, Range 1 West, Willamette Meridian, Tiashington County, Oregon; within that tract of lan- conveyed to Adrian Kroese and Genevieve A. Kroese, _?.usband & wife, and recorded in Book 346, Page 66 o': -he Deed Records of said County; said easement ar~ ping 7.5 feet on each side and parallel with, wh!-_n rasp .r off.' ine- -~gi nn'_ng at a point on the Westar11 1 i.ne o~ sai Kroese_ , tract, said point being North 392.39 fe=:'_ _om the Southwest corner of said tract; thence 0 14' 45" East a distance of 150.21 feet; thence Nort.< i 310 53' 30" East a distance of 222 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 • ? 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 395 J • ~ s The Additional Conditions: Grantor G? -the following additional agreements: 1. That if cattle are on said premise,-:, ;>o2_~ar- J--encing o:_ other r'L-n'isos ~dlll 'be cons'e.~ruc-e-c-3 or Ct7r.' rO1 Of grazing lh--_1t the r=~3' Inc ccCtar II-_ 7-_11 not IJe turbed and tha _ ~ sn1?_ In>-^ it excavation is .7 n.~cn..:~,~ s aic"~ dTees pie root_,= will na': ` dis turbec.. 3. That the grantee sliail at iio tune, Luring tli-'. -xistance of t',._: ,}asement herein provided, require the grantors, their success or assigns to connect to any sewer line constructed on sai.- 1_ strip of land nor shall the grantee make or charge any sew~_- assessement against the lands of the grantor prior to any s.._,. connection. 'T'hat the grantors shall be permitted to connect to any sewer lirl conetructo;' on said la.-,,-. , the grantoe for the purnos` of Should it i~~ lecWar$ ftVeut?h_~dtre"e ~r iii sti t~ee~ ~ cbthei~ i tte~~ ' a~e ia~ Mfr f~i the ease en 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 19 r (SEAL)/_/c c z c i-yL-- (SEAL) 9drian I\roes Genevieve A. _Froe~ _ - - - (SEAL) - - --(SEAL) - - - --(SEAL) - -(SEAL) F -i eration, the mortgage lien on the above described properties is hereby made subordinate to the P ited• - l day of- 19-- - .r 1 ' ~ ~ _ Mortgagee r By Title STATE UF° (iREGCjN, ) ss. County of <<~ ) On this A~ day of d/"'~''y personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Orego My Commission expires: i - ~y qq 9~ Fled fat record......... ..r iQ...... 19.1P.L» 41.......FIT ROGER THOMSSEN, Director of Records & Elections BOOK 660 PAGE 396 By ✓.1.......................... Deputy r • t ST[j.~F OREGON `may } ss Cqu of Washington Q4~1 I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within instrument of. writing was received and recorded in book in the Records of of said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy SEP ~8 9 25 AM 167 T46 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. 313182 Preinitun S 2`,,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 sho-,vn 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, ai the datc liereof over an}- Such mortg;igc or deed of trust, of and, 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 I3..~rn d the CONDITIONS t~,? STIPI-1ATTON`~ dl t~f uIiich are hereby made a part of this policy. In witness whereof, TITLE INSURANCE COMPANY has caused its c0rp()r1tc name a,rn-1 seal to be hcreui.Iro affixed and authenticated by the facsimile signatures of its President and Secretor., hro.idcd this policy is Na1_1d only when counrersigned by a duly authorized officer of the corporation Countersigned RA,NCF CI~III BTITLE INSURANCE COMPANY OftPOIR,q T •?-p President ~J.0 tC`•y/ 0_00a~ Authorized Officer ~y Z i Attest: v PAGE 1 OF POLICY Secretary REV. 7-63 TI-21 d SCHEDULE A Amount $1, 000.00 Date September 20, 1967 At 9:29 A.M. ' INSURED ---CITY OF TIGARD--- easement The fee simple title to said knack is, at the date hereof, vested in ADRIAN KROESE and GENEVIEVE A. KROESE, 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 Adrian Kroese and Genevieve A. Kroese, husband and wife, and recorded in Book 346, page 663, 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 Kroese tract, said point being North 392.39 feet from the Southwest corner of said tract; thence North 54"14'45" East a distance of 150.21 feet; thence North 7353'30" East a distance of 222.3 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 NO. 313182 TI 28 Oregon Land Title Association Standard Coverage Policy . R 8-60 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, dated September, 1967, recorded September 20, 1967, in Book 660, Page 395, Washington County Records.--- Page 3 of Policy No. 31318 2 TI-30 WASHINGTON COUNTY OREGON. 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