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91-017414 91017414 W ashington County Orb SLOPE EASEMENT %.S. KNOW ALL MEN BY THESE PRESENTS, that Peter H. Schwarzer and Gertrud . Schwarzer hereinafter referred to as Grantor, in consideration of the sum Two Thousand Three Hundred Fifty and No /100 ($2,350.00) Dollars by the City of Tigard, a municipal corporation and political subdivision of the State of Oregon, hereinafter referred to as Grantee, its successors and assigns, a perpetual easement and right -of -way for the purpose of constructing, reconstructing, maintaining, repairing, and using the same for a slope supporting the adjacent street on the real property located in the City of Tigard, County of Washington, State of Oregon, and that is more particularly bounded and described as follows: See Exhibit "A" attached to and by reference made a part of this slope easement. To have and hold the above granted and described premises unto the Grantee, its successors and assigns forever, for the uses and purposes above provided. The Grantee shall have the right at any time hereafter to enter upon the above described real property for the purposes, hereinabove mentioned. In connection therewith Grantee may remove any trees, shrubs, brush, paving or other materials necessary or convenient to accomplish said purposes. The Grantor, their heirs, successors, assigns or representatives shall not construct or maintain any building or other structures upon the above described real property prior to written approval by the City. The Grantor, their heirs, successors, assigns or representatives shall not in any alter the configuration of the material forming the slope, including alteration by addition or removal of material, without prior written approval of the City. This instrument does not grant nor convey to the Grantee any right of title to the surface of the soil except for the purpose of constructing, inspecting, maintaining, and replacing the slope. IN WITNESS WHEREOF, the Grantor above named, has hereunto set their hands and their seals on this acrr' day of ll?oue v lot( , 1990 . ///;?" Peter H. Schwarzer rtrud 1. Schwarkr RETURN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD PO BOX 23397 TIGARD OR 97223 • • Slope Easement - Schwarzer.18 Page 2 STATE OF OREGON ) )ss. County of Washington ) On this day of NOV e w►-b t r 1990 before me, the undersigned, a Notary Public in and for said Coupty and State, personally appeared the within named Peter H. Schwarzer and Gertrud W. who are known to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same freely and voluntarily for the purposes therein contained. • - ereunto set my hand and official seal the day and year la: t above w aL,A.,. a , Q � GCA-A✓ KAREN A. SCEVA � � ✓� NOTARY PUBLIC - OREGON Notary Public for Oregon My Commission Expires ' a 4' 9 `t My Commission Expires: c J " a ° l - ?j t Approved as to legal description this ` day of ' ›-ik.h. i✓ , 1990. By: (411-1 4UFk Title: T1(444.s 4 City/Lew p Approved this 20 day of FebruQmi J I4' !, 1990. CI ENGINE B Y AFTER RECORDING, RETURN TO: GRANTOR'S NAME /ADDRESS: City Recorder Peter and Gertrud Schwarzer P.O. Box 23397 9330 SW McDonald St. Tigard, OR 97223 Tigard, OR 97224 2. • Peter H. and Gertrud W. Schwarzer • EXHIBIT . 9330 S.W. McDonald St. Tigard, Oregon Book Page 2 S 1 11AB • Tax Lot No. 3200 Parcel #128 Slope Easement A portion of that real property situated in the Northeast one- quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, said property being more fully described as follows: Beginning at a point on the North line of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, that is South 88 ° 40' East 216.96 feet from the Northeast corner of Lot 28, of TIGARDVILLE HEIGHTS, as recorded in Book of Town Plats for Washington County, Oregon; thence South 0 ° 05' West 20.00 feet to a point on the South right -of -way line of McDonald Street and being the TRUE POINT OF BEGINNING; thence South 88 ° 40' East along said right - of -way line 150.0 feet to the West right -of -way line of Southwest 93rd Avenue; thence South 0 ° 05' West along said West right -of -way, 28.00 feet; thence North 88 ° 40' West parallel with the South right -of -way line of said McDonald Street, 150.00 feet; thence North 0 ° 05' East 28.00 feet to the point of beginning. The parcel of land to which this description applies contains 4200 square feet of land, more or less. • 3 q -to -9 N EXHIBIT MAP NW 1/4 OF NE 1/4 OF SECTION 11 T2S R1W, W.M. = 20' S.W. McDONALD ST. 41 150.0.' 0 0 co N Ol SLOPE EASEMENT DESCRIBED IN ExHIBIT A STATE OF OREGON L County of Washington SS I, Jerry R. Hanson,,Director of Assessment 9330 and Taxation and :Ex =officio Recorder of Con- SW McDbNALD ST . vi veyances for d sai count Pdooiherebylcertify that the within instrument- of= writin'g'6was, received and recorded in•book of records'of!said?county. # 12.B � n Je R Han Director of ( A s sessment; , andt.Taxatio , Ex- OfficiorCounty.Cierk a' N . °° i v.s S �. COU0 • Doc . 9107.7414 Rect: 52368 28.00 04/11/1991 04:09:29PM