7895
7895
Number: 5 (S SL 67-2)
Deed Reference: B 362,
Fn_ 5 Grace,
KNOW ALL MEN BY THESE PRESENTS: That we
Pula-or, hus:uanc. anc wif _
f
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
TeetKalll.~0.~11> Q>~ff~lgl~' W tHF~lwtmate
fs~119gfi€c~}3e~? as i o ows a
:;_i teen (1 .0) foot wicte strip of land. in Section
_iownship 2 South, Range 1 West, Willamette Meridian,
iashington County, Oregon; within that tract of Ian,'-'
conveyed to Ivan E. Puller and Grace M. Puller, husban''
and wife as recorded in Book 362, Page 649 of the Deed
ecords of said county; said easement area being 7.5 feet or,
each side and parallel with, when measu.r a'-- right angles,
-.he following described center lin :
r c,,ginning at a point on the Westerl,, line of sa)-c'
.Tact, said point being North 12° 38' West a d.ictance o_
"17.51 feet from the southwest corner of said Puller tract;
,hence North 59° 55' 45" East a distance of 21.96 feet; ,thence
Torth 82° 10' 45" East a distance of 128.30 feet; thence
mouth 87° 04' 15" East a distance of 69.6 feet, mo;c r)_
.0 c
3. Temporary easement:
Together with the temporary right of ingress, egress and regress, and use for sewer construe-
tion purposes, of additional lands lying parallel to, along both sides and within % • 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.
.o yr__n'Led prow -tons of thi instrument notwithstan0ing,
.cantors, for them, s,~--_lt.e:- anc =heir successors in
BOOK 660 PAGE 419
7895
17C*5 M!er an.
s ewer to be c -uc• ted by the Grantee, col...tioned onl-,,% that r_ol;-
":truc,tion of such building or buildings shall include a foundation which,
•th~ Opinion !f the City Encrineer or authorized representative, will support
~--he building or buildings without undue stress or strain on th• sewer, anc
"esigned to allow access for repair to the sewer without damage to the bui_c_iZc:;
or buildings.
b. To fill the ravine or depression in which the sewer is to I--
Constructed, provided only that in so doing the sewer shall not be in an mann=r
njured or damaged in the process of filling, or as the result of the fil1;__.iF,
-.nd that the fill material be of ty an --a1 i'..: sa Cit
c7 authorized representati~, .
To provide a dam or oth r-' ans o _-a i , i_ ,.c_ th
running in substantially the same location in which th sewer.
located -to a suitable level as a pond or reservoir providing that in so
'oing the dam or other means of retaining water shall be so constructed ar_c
r-,aintsined as to prevent any injury to the sewer to be constructed b- the
(='rantee and that complete and adequate means be provided by the Gran ors an.
-heir successors in interest to prevent any erosion about or around the
:i S°J VO_'•-r, n order to
'!..'.''I~ G-ani.,-? reserves the riaht to drain thr? T_'Ond or i
7: , = l "1 C C 1.0 1.:C L ~ J!.' n a7
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 fe simple and have the right to grant the
above described easements.
Witness our hands and seals this-- day of
--(SEAL) -!mil CC-LC=l. (SEAL)
i 1 .
(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--
Mortgagee
Title
STATE OF OREGON )
ss.
County of )
On this__ days 19 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:
- Filed for record.. .......a.~1..~.......19.`!..~..at.~~.l~
09•' Q ROGER THOIV ,Director of Records & Elections
d00K [N PAGE 42U By .............,.......Deputy
7895
r ~ .t
i
STATE OF OREGON
County of Washington ss r,
I, Roger Thomssen, Director of Records and
tions and Ex-Officio Recorder•"of „Conveyances
said county, do hereby certify that the within
strumcnt of writing was received- and recorded
1~ .
" 6%;in book ~
in the Records of
of said County.
Witness my hand and seal affixed.
ROGER'T OMSSEN, Director
Deputy
SEP 1Q 9 29 AM '67
a
T4& i Com+"
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. 313179 Premium $ 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 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 VCe red, qt the dote hereof- otherwise
than as herein stated; o:
2. Unmarketability, at the chit hcr,(4, d the titic to lain of aliyv~stec named
herein, unless such unmarketability exists because of defects, liens, encumbrance,
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 morrgage or deed of trust upon said,
land; or
5. Priority, ac tine dare hereof mci any such mori;~.~ce id (Af a l of un 1~.cn ,,r
encumbrance upon said land, except as shown
of trust being shown in the order of its priorir,
all subject, however, to SCHEDULES A and B, and the COND
are hereby made a part of this policy.
In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunt.)
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 1 TITLE INSURANCE COMPA",
;~vRANCF C,1►!! By
019f-OPA President
Authorized Officer .0o ~ ~G Z Attest:
657
PAGE 1 OF POLICY 11
!
REV. 7-63
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 XYPT is, at the date hereof, vested in
IVAN E. PULLER and GRACE M. PULLER, as tenants by the entirety.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT:
A fifteen (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 Ivan E. Puller and Grace M. Puller, husband
and wife, as recorded in Book 362, Page 649, 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 Puller
tract, said point being North 12°38' West a distance of
37.51 feet from the Southwest corner of said Puller tract;
thence North 59055'45' East a distance of 21.96 feet; thence
North 82010'45" East a distance of 128.30 feet; thence
South 87°04'15" East a distance of 69.6 feet, more or
less, to the Easterly line of said tract of land.
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 measued at right angles,
of the above described perpetual easement area.---
PAGE 2 OF POLICY N0. 313179
TI 28
Oregon Land Title Association
Standard Coverage Policy
R a-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 boundarv lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. Tigard City Liens, if any.
6. Slope Easement, between Ivan E. Puller and Grace M. Puller,
husband and wife, to the State of Oregon, by and through its State
Highway Commission, dated October 18, 1958, recorded October 21,
1958, in Deed Book 410, Page 480, Washington County Records.
7. Easement, including the terms and provisions thereof, granted
to the City of Tigard, dated September 2, 1967, recorded September
20, 1967, in Book 6600 Page 419, Washington County Records.---
Page 3 of Policy No.313179
TI-30
WASHINGTON COUNTY OREGON
SEE MAP ALE I"=2001
2 1 SEE MAP
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