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87-061373 ~ 68th Parkway 37061373 WARRANTY DEED - STATUTORY FORM Individual Grantor Frank M. Warren, Sr., Grantor, conveys and warrants to City of Tigard, Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, Oregon, to-wit: PARCEL A A parcel of land in that part of the Southeast Quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian -in the City of Tigard, Washington County, Oregon, described as follows: Commencing at an old 3/4 inch pipe called the point of beginning of County Recorder's Fee No. 80-14679 of parcel III; thence along the east line of said parcel III, also being the west line of a parcel described by County Recorder's Fee No. 82-3895, on a bearing (basis of bearings is the Oregon State Plane Coordinate System) of South 01 degrees 47 minutes 04 seconds West a distance of 618.87 feet to the point of beginning of the land to be described; thence on a bearing of North 01 degrees 47 minutes 04 seconds East along the west line of said tract a distance of 123.83 feet to a point of non-tangency; thence, leaving said west line, along the arc of a 299.50 foot radius curve to the left, through a central angle of 61 degrees 26 minutes 04 seconds, an arc distance of 321.13 feet (the chord bears North 01 degrees 47 minutes 04 seconds East 305.97 feet) to a point in the west line of that tract of land described in County Recorder's Fee No. 82-3895; thence along said west line North 01 degrees 47 minutes 04 seconds East a distance of 98.62 feet to a point; thence, leaving said West line, South 39 degrees 32 minutes 08 seconds East a distance of 18.96 feet to a point of curvature; thence along the arc of a 359.50 foot radius curve to the right, through a central angle of 73 degrees 29 minutes 15 seconds, an arc dis- tance of 461.09 feet (the chord bears South 02 degrees 47 minutes 30 seconds East 430.13 feet) to a point of reverse curve; thence along the arc ' - it of a 256.48 foot radius curve to the left, through a central angle of 02 degrees 27 minutes 54 seconds, an arc distance of 11.03 feet (the chord bears South 32 degrees 43 minutes 10 seconds West 11.03 feet) to a point of compound curve; thence along the arc of a 47.00 foot radius curve to the left, through a central angle of 123 degrees 34 minutes 45 seconds, an arc distance of 101.37 feet (the chord bears South 30 degrees 18 minutes 10 seconds East 82.83 feet) to a point in the north line of the Oregon Depart- ment of Transportation's right-of-way as described in County Recorder's Fee No. 80-22549; thence along said right-of-way South 87 degrees 54 minutes 28 seconds West a distance of 85.36 feet to the point of beginning. Containing an area of 0.658 acres, more or less. Z PARCEL B A parcel of land in that part of the Southeast Quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian in the City of Tigard, Washington County, Oregon, described as follows: Commencing at an old 3/4 inch pipe called the point of beginning of County Recorder's Fee No. 80-14679 of parcel III; thence along the east line of said parcel III, also being the west line of a parcel described by County Recorder's Fee No. 82-3895, on a bearing (basis of bearings is the Oregon State Plane Coordinate System) of South 01 degrees 47 minutes 04 seconds West a distance of 495.04 feet to the point of beginning of the land to be described; thence on a bearing of North 01 degrees 47 minutes 04 seconds East a distance of 305.97 feet to a point of non-tangency; thence along the arc of a 299.50 foot radius curve to the right, through a central angle of 61 degrees 26 minutes 04 seconds, an arc distance of 321.13 feet (the chord bears South 01 degrees 47 minutes 04 seconds West 305.97 feet) to the point of beginning. Containing an area of 0.200 acres, more or less. The said property is free from all encumbrances except as listed in Schedule A, attached. The true consideration for this conveyance is $82,660.50 (Here comply with the requirements of ORS 93.030) given as a credit in the S.W. 68th Parkway Local Improvement District No. 35 dated this /..?t day of 1987. THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY PARTICULAR USE MAY BE MADE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT. A BUYER SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. 3 STATE OF OREGON, County of ) ss . Nov - 2- 1987 Personally appeared the above named A. tn., . , and acknowledged the foregoing instrument to be voluntary act and. deed. (Official Seal) Before me: V' r' r Notary Public for Oregon, My commission expires: Approved as to form this day of 1987. By City Attorney - City of Tigard Approved as to legal description this 2.5-i day of /(f 1987. R City Engineer - City of Tigard ~r r Accepted 4)y- the City Council this 7OiA day of IYA Viw. Loo 1987. CITY COUNCIL, CITY of TIGARD, OREGON 0001* y 0-f~v~1//gal C tf~ Schedule A - Attachment to Warranty Deed of May 8, 1985 to City of Tigard 1. Restrictions and limitations of access created by: a. Deed from State of Oregon to PGE recorded January 29, 1962, Book 456, Page 434, Washington County b. Deed from PGE to State of Oregon recorded December 4, 1980. 2. Easements reserved in the following deeds: a. OEA to State of Oregon, June 27, 1982 (slope) b. OEA to State of Oregon, June 27, 1982 (drainage) C. OEA to State of Oregon, July 1, 1982 (slope) d. OEA to Feichtmeir and Warren, February 17, 1982 (sign) 3. Conditions and restrictions as disclosed by Contract of Sale from OEA to Feichtmeir and Warren, February 17, 1982. 4. Any matters which would be disclosed by a survey or inpsection of this property. 5 R/6HT= OF-WAY MAP TAX LOT /O/, / S / 360A WA.SN/N670N CO. OREGON AN IqJ7 OLD .r 6 6 /'26'04-" 10 Z a 2'Z7'-64 R = 299. 50' R: 2540.48 C = N. /4704~E. ~o 102 DA CL 03 =S. 32°43' /0 "'W. 303.97' c5l~ 3 'a =123 *-S4'4-6 R = 47.00 L = /0/.37 w* m ~~62.83 O FEE No. O 7j°2'l,/5" O 82- 3895 • ~L PARCEL 8 PARCEL A R= 359. 5O L= h0 0.20 AG= j O G; C=S. 2 ° 47 30 E. 430. /3 R = 369 50 ' FEE No. ~I Q fN L = 2106. 47 80- /4!079 1~ b/ C = N. /8a52'SL' "W. S m~ ' 2!00.73 I 7'04'E. j°~/tCEL S 04 O..ZO AC F I { FEICNTME/R ` O. E.A. WARRE N 2500 DA /O/ DA I \ N. 22 °46' 0-5- E. N.24' 24'09 W. 48-441 ATLANTA ST. (HAINES) 65.36' 3'26 B5' INDIVIDUAL-GENERAL PARTNERSHIP PERMANENT SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Frank M. Warren, Jr. hereinafter called the Grantor, in consideration of the sum of $1.00 dollar and other good and valuable consideration by the City of Tigard, herein- after called Grantee, have granted and conveyed and by these presents do grant and convey unto the City of Tigard, a perpetual easement for the construction, maintenance and repair, with necessary access there- to, of a slope, cut or fill, occasioned by the construction, operation and maintenance of a public road and appurtenances within the following described parcel of land, situated in the City of Tigard, Washington County, State of Oregon, and being more particularly described as follows: Parcel I A parcel of land in that part of the Southeast Quarter of Section 36, Town- ship 1 South, Range 1 West, Willamette Meridian in the City of Tigard, Washington County, Oregon, described as follows: Commencing at an old 3/4 inch pipe called the point of beginning of County Recorder's Fee No. 80-14679 of parcel III; thence along the east line of said parcel III, also being the west line of a parcel described by County Recorder's Fee No. 82-3895, on a bearing (basis of bearings is the Oregon State Plane Coordinate System) of South 01 degrees 47 minutes 04 seconds West a distance of 618.87 feet; thence North 87 degrees 54 minutes 28 seconds East a distance of 85.36 feet to the point of beginning of the slope easement to be described; thence North 24 degrees 24 minutes 09 seconds West a distance of 48.62 feet to a point; thence North 22 degrees 46 minutes 05 seconds East a distance of 134.91 feet to a point; thence North 01 degrees 47 minutes 04 seconds East a distance of 101.45 feet to a point of non-tangency; thence along the arc of 369.50 foot radius curve to the left, through a central angle of 41 degrees 19 minutes 12 seconds, an arc distance of 266.47 feet (the chord bears North 18 degrees 52 minutes 32 seconds West 260.73 feet) to 7 a point of tangency; thence North 39 degrees 32 minutes 08 seconds West a distance of 30.33 feet to a point in the west line of the land described in County Recorders Fee 82-3895; thence, along said west line, South 01 degrees 47 minutes 04 seconds West a distance of 15.15 feet to a point; thence, leaving said west line, South 39 degrees 32 minutes 08 seconds East a dis- tance of 18.96 feet to a point of curvature; thence along the arc of a 359.50 foot radius curve to the right, through a central angle of 73 degrees 29 minutes 15 seconds, an arc distance of 461.09 feet (the chord bears South 02 degrees 47 minutes 30 seconds East 430.13 feet) to a point of reverse curve; thence along the arc of a 256.48 foot radius curve to the left, through a central angle of 02 degrees 27 minutes 54 seconds, an arc distance of 11.03 feet (the chord bears South 32 degrees 43 minutes 10 seconds West 11.03 feet) to a point of compound curve; thence along the arc of a 47.00 foot radius curve to the left, through a central angle of 123 degrees 34 minutes 45 seconds, an arc distance of 101.37 feet (the chord bears South 30 degrees 18 minutes 10 seconds East 82.83 feet) to a point in the north line of the Oregon Department of Transportation's right-of-way as described in County Recorder's Fee No. 80-22549, said point being the point of beginning. Containing an area of 0.2 acres, more or less. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil, nor any other rights except those expressly provided, however, that such use shall not be permitted to damage or destroy lateral support to the highway, and provided further that nothing herein contained shall grant to the City of Tigard the right to excavate beneath existing building or deposit fill materials against existing buildings above the top of the foundations thereof, but is understood and agreed the City of Tigard shall never be required to remove the dirt or other materials placed by it upon said property, nor shall said City be subject to any damages to the Grantors, their heirs and assigns, by reason thereof, or by reason of the slopes constructed thereon, or by reason of change of grade at the street or highway abutting on said property. 9 I IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said road to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the case of any such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. The Grantors, do hereby covenant to and with the City of Tigard, that they are the owners in fee simple of said premises; that the above described property is free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever, with the exception of the instruments listed below and any matters which would be disclosed by a survey or inspection of this property. 1. Restrictions and limitations of access created by: a. Deed from State of Oregon to PGE recorded January 29, 1962, Book 456, Page 434, Washington County. b. Deed from PGE to State of Oregon, recorded December 4, 1980. 2. Easements reserved in the following deeds: a. OEA to State of Oregon, June 27, 1980 (slope) b. OEA to State of Oregon, June 27, 1980 (drainage) c. OEA to State of Oregon, July 1, 1980 (slope) d. OEA to Feichtmeir and Warren, February 17, 1982 (sign) 3. Conditions and restrictions as disclosed by Contract of Sale from OEA to Feichtmeir and Warren, February 17, 1982. 7 IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and seal (s) this day of ~r~L~•,,.he.- 1987. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) )ss COUNTY OF WASHINGTON) 1987 Personally appeared before me the above name F"'-t who executed this instrument and each of them acknowledged to me that this instrument was executed voluntarily and freely. (NOTARIAL SEAL) Notary Public for Oregon My Commi s s i on expi res Ii" - Approved as to form this day of 1987. By City Attorney - City of Tigard Approved as to legal description this -J day of ,f'~1987. By: City Engineer - City of Tigard" A Accepted the Ci ty Counci 1 thi s 3041, day of NOVCM 4t it 1987. CITY COUNCIL, CITY OF TIGARD, OREGON By: -lrtfi~ - City of Tigard 14 R161-f- OF-WAY /-Z4P T LOT' /O/1 / S' ! 6L7.4 WASHIA16TOM CO. ORE400M i OLD S. 88 /Z /S E. _ r -72.3/x --7B.3G~~. _ IIII io P ep 21, 04-H -t ip .4 2 ° ZI, „ -174 - 299.50 /G./5 R.. 25&.48 L= 32/.13 L= 03, C = N 47'04"E. /0.2 ©.4 C = S. 3Z°4.3, /0"'W. 90-5.97 4: 3o. 3a' 11.05' R = 47.00 j' C =.q. .50* ze /0 ~E. l~'' 8Z. 83 D FEE A/o. O % ''z s'>. < 82- 3895 O ®4.A PARCEL B PARCEL A M= 359. so, L 46,/.09, s70 0.20 AG j :``>zz> .455. AC, C S. Z' 47 30 E. W p 4! ®/9'!2 430. /3 s 3 50, FEE Alc. r~= . L = 2<06. 47 80-14(o79 10~ . C. = Al. /8®5Z~" Z ~W 0 e qj 0 7'04 E. r O 0. .20 SAC j FrE/CHTME/R WARREA1 Z500 LEA = /O/ PA rv. 2.Z 4~ os' E. N.24 24r09~V1C 48.G.2' RETURN TO: City of Tigard Recorder ii F. O. Box 23397 ~I Tigard, OR 97223 it STATE OF OREGON SS County of Washington 1, Donald W. Mason, Director of Assessment and Taxation and Ex-Off icio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received - - - and recorded in book of records of said coign y Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk 1987 DEC 16 AM 10: 52