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7894 7894 Number: (S S L 67-2) Deed Reference: - n KNOW ALL MEN BY THESE PRESENTS: That we ~6 r _ = r~ P- r~=: t nr RrnGsPau Husband and wi -F - - - - - o~ hereinafter termed grantor(s), in consideration of the sum of $ :x.20 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 >K - ~I>x#~kr3f~~~~aK$i~1~~tI~'~Ra`~r►~~s~~LB*;kT~=3~iitlyisl'tti~ ianst a s .f o 1.1 ows A fifteen (15.0) foot wide strip of land in Section Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; within that tract of lan-- conveyed to Wallace J. Brosseau and Frances A. Brosseau, 7iusband and wife, as recorded in Book 550, Page 253 of the Deed Records of said County; said easement area hei.nry -.5' on each side and parallel with, when measured right angles, the following, described center line: I eginning at a point on the Easterly line of said Brossea.,_?- trac't7of land; said point being South 00 15' West a dicta c-~ Of 109.68 feet from the Northeast corner of said Brosse?--i '_-racT thence South 680 55' 30" West a distance of 69.22 feet, thence South 660 38' 30" West a distance of 27C. feet, thence North 870 04' 15" West a distance of 95.' P_et, more or 71? `'a -,ct1 _racT of land.. 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 1_7 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 w416 '894 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 _ J - 19_ -(SEAL) (SEAL) SAal.lace J. Brosseau Frances A. Brosseau - - - -(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, ) ss. County of On this- ~J-day of tom;-, 19 personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Pu c for Oregon ` n M My Commission expires: `l It y j~J BOOK 660 PAGE 417 K ¢o ~ 3ov za4 N 1000 0 0 ~ - 00 6 N $7348 fi { g R _ I 100 V 07 46 ` r.# .r r ter. - •U X.-:;'. Aw* a A e- ...a - r 842.08' ~'1200 600 E5" 8747 LL} I . y m N 10 pm I! i M 2 ' EAST98.8 N a xv o Q E MAP \ 792. 84' y w. l N x 2S I I IA t \ 1, ; 1301 LL, 4Fff4F42tffF fft ! 1300 , " cam- a ~y 2.49 Ac. I w ISO . of ~40Ac r F 154 w N 5 8008 1/2 W 469.IS 6t55` _ ip: c~At a 1.63 400 187:9 N89°2o'w i. r r.. a 1.94Ac r N890 2O'w 1 0 _ s - 8891044 800 i F 4 EAST 587.04` 142 L64Ac. a 10 s ` 1600 c~ 15004W 1.78 Ac. 3.23 Ac. 1= C ao O 69Ad. 1 _1 p a O ~ f N ~ + N N m N _ 2 N Mi N N z_ / I 2 Wallace J. Brosseau in { It 82,~2 1 pces A. Brosseau 4 ° _ Ne9°'!O'w / Sag 20 E A5 SW Bonita T~tia;l 216.25 189.68' ISO' N89°20'W 335.3' 334.6' 111.0' N89°20`W 166,77 S ~ r T < r, e.tnt) o - 330.97' 40 4100 330 97 ~~~00330- 82800 4000 400 250 2600 Qok s" 9 , 1700 /.6e AC. / .60 i \ i 0.474 0.46 .82 Ac. 032 Ac. 0.39Ae, 170 Ac. ~QX 4~ I' . 4.03 Ac. 00 o N 9 g 68 67 40 ME c-m ~ n 40 12 2900 Ml~ + 2- 34 Ae. 334.95' 330.15 3 30. t3 Tai 2 300 334.93 t 3900 4200 lip C, 1.44 A 1,88A Q 94 Ac . - san.Y--saes-r+~-•- - . - .e• ,-e- "fw -y A. ...,.as,.=.+..-:..,e-•K,:=x-,.e:-eaZp!t•,,•~.,:7•a,•..... v-"^7n,,.- 7894 STAT,~ OREGON VGA' ~2 Co of Washington ss t Roger-T:iomssen, Director of Records and ;lections Rog Ex-Officio ..Recordor of Coaveyczncec for said county, d6 hereby% certify that the within mstrument of writing was riaccived and recorded in book C~ in the Records of -J said County. Witness my hand and seal affixed. ROGER THOMSSEN, Director De_,-.atp SEP 2U 9 2~ AM '67 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. 313180 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 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 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. ~RArjCF + TITLE INSURANCE COMPANY o Countersigned /~0 G~RpOR,q TF ~-o I, President .%/(3 s . _4 _ GZ - , D Attest: Authorized Offices Z~ e o r PAGE 1 OF POLICY Secretary REV. 7-63 d -Z' SCHEDULE A Amount S 1, 000.00 Date September 20, 1967 At 9:29 A.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to said UK* is, at the date hereof, vested in WALLACE J. BROSSEAU and FRANCES A. BROSSEAU, 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 Wallace J. Brosseau and Frances A. Brosseau, husband and wife, as recorded in Book 550, Page 253 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 Easterly line of said Brosseau tract of land; said point being South 0°15' West a distance of 109.68 feet from the Northeast corner of said Brosseau tract; thence South 68055130" West a distance of 69.22 feet; thence South 66'38130" West a distance of 276.98 feet; thence North 87°04'15" West a distance of 95.3 feet, more or less, to the Westerly line of said Brosseau tract of land. TEMPORARY EASEMENT Together with the temporary right of ingress, egress and regress, and use for sewer construction purpose, of additonal lands lying par&lel 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. 313180 T[ 28 r ~ ~ 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 416, Washington County Records.--- Page 3 of Policy No. 313180 TI-30 WASHINGTON COU1v i r v1~ T.- SEE MAP SG E- III=2001 2 1 --E MAP 2S 1 2 DD H t W HICCKUOLIN JAMES OI.C NO 43 2S ( 1 500:.:: 40i '9 9AC~ \ 965Ac i1 12 )0 j s,~ AC I~ L..,J Q N 5 6 100 m 1 101 Ac I - 3.83Ac 0 50 2 l r 1 102 N ; a ~ u m 1 J 1 942 08 n V[ 1200 600 E 56F _ - 1 z J 97Ac j/ L 1 I v N ~ 3 N = N z 1 Ot ID N _ f N y 0 1 N EAST- 96.6 N.1 N to 792 84' - -J 0 ~V S1111t1>`_}~1~ e~ 3 1301 1300 < s 2 49 Ac w 150 4 ISO, N o 06 I/2 ' 1- 0 "Al 46515 615 5 6 v o 700 w a o 65 Ac. 1400 ¢ (879 N69020, w 94Ac N8910 8729O 'W - se9°4 4'W,~, 800 1 EAST 58704' a 142 L64Ac.O 314.25 J J cv 1500 1600 1.78 Ac ~ j 3 23 Ac I f 3 0 c) 0 ~1 F 5 ~ N = N to p ~ 0 a o z 82 i S890 20'E N!= 216 25 189 66' / 150 N89° 20 W 335 5 TERM 7S4 ° 1700,:3 240! 2~ 2600 4 27{)0 330 82800 4 03 Ac Oa7A 046 .82Ac 052 Ac. 0.39 Ac. 4000 x 1701 -1 0 0 N 9 0 0 7 2900 cj a: w 2. 54 Ac. 2 300 334.95' - ~ 390- -----6 - - - - 19 4Ac 1 / B6 1800 - - T 76/ Ac n v' 59 f lil ' 60 j> 10 {V I < 10 N N 338.91' I' tJ~ 2200 339.x1' + 3000 38CG I 94Ac / 94 Ac. F''' 6 i 9 29' I m o a 57