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89-43187 C" 8 4 318 7 , Washington County SLOPE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Barbara Shaw, Evan C. Sexauer, Muriel K. Oliver, and J. Alan Zehntbauer, hereinafter referred to as Grantors, in consideration of the sum of Four Hundred and 00 /100 Dollars ($400.00) and other good and valuable consideration to said Grantor in hand paid by The City of Tigard, a municipal corporation and political subdivision of the State of Oregon, hereinafter referred to as Grantee, does hereby grant, bargain, sell and convey to the 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 Slope and Utility purposes, over, across, in and through the real property located in the City of Tigard, County of Washington, State of Oregon and described as follows: See attached exhibit "A" incorporated by reference and made part of this document. 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. Grantee shall repair any damages to the property caused by Grantee's use for the purposes above described. Grantee agrees to hold Grantor harmless for all injury to person or property caused by Grantee's use of property for the purposes above described. The Grantors, 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. In the event such approval is granted, any such construction shall conform with City codes and regulations regarding construction. This instrument does not grant or convey to the Grantee any right or title to the surface of the soil along the route of said slope and easement area except for the purpose of constructing, operating, inspecting, maintaining and replacing the utility lines. This instrument gives grantee immediate possession of the above - described premises. RETURN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD P 0 BOX 23397 TIGARD OR 97223 _�7 i Slope and Utility Easement - Page 2 IN WITNESS WHEREOF, the Grantor(s) above named, have hereunto set their hands and their seal on this '7/� day of 1989. Barbara Shaw By 6.. N - c&t4(J C Evan C. Sexauer - By (11y.x_vidtact. a61-t,;41./L..) Muriel K. Oliver By 4Ae J. Alan - hntbauer STATE OF OREGON ) ) County of Washington ) On this 7- day of „„t., ! , 1989, before me, the undersigned, a Notary Public in an for said County and State, personally appeared the within named Barbara Shaw, Muriel K. Oliver and J. Alan Zehntbauer 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. t .t,�eJ WITNESS WHEREOF, I have hereunto set my hand and official Oaa_E ei day and year last above written. ✓q I, ()1' A it ' •, ;, = ; / ,i �, ,:� •. Notary Public for Oregon �- .` My Commission Expires: .. f S�'�✓ ° ttttttt `' , ) County of Lincoln cam) On this I day of .4— , 1989, before me, the undersigned, a Notary Public in `a d for said County and State, personally appeared the within named Evan C. Sexauer who is known to be the person whose name is subscribed to the within instrument and acknowledged that he executed ,the same freely and voluntarily for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. Slope and lnirrE E ase en •age oi• Nota' P 116 t •erd'g35"i -S My C•:mmi ;`txpt ire"s`� G ON M ' Comr ssion °.2 -ores Approved as to legal description this •ay of 12 ,'389 By: - Title: Alb r'% 5eivegS A!. Approved this /5 day of /14,0 , 1989. DEPARTMENT F COOMMUNITY DEVELOPMENT By: ire Title: Westlake Consultants Inc. Hilltop Business Center .- 7340 S.U.I. Hunziker, Suite 204 Tigard, Oregon 97223 • ^ (- :., •,..;_..• ® 503- 684 -0652 Locust Street Exhibit "A" Slope and Easement , Tax Lot 900 1S 1 35AA Project No. 451 -02 -89 • April 25, 1989 LEGAL DESCRIPTION A tract of land situated in the N.E. 1/4 of Section 35, T.1S., R.1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: • • Being the north 6.00 feet of Lots 1 and 2, and the north 6.00 feet of the east 10.00 feet of Lot 3, Block 4, "TOWN OF METZGER ", a duly recorded subdivision plat in Washington County; ALSO AND TOGETHER WITH that portion of vacated Madison Street as shown on said "TOWN OF METZGER" plat, being described as follows: Beginning at the northeast corner of said Lot 1; thence, along the easterly prolongation of the north line of said Lot 1, North 89 ° 34'00" East, 25.00 feet; thence, South 0 ° 26'00" East, 6.00 feet; thence, parallel with the north line of said Lot 1, South 89 ° 34'00" West, 25.00 feet to a point on the east line of said Lot 1; thence, along said west line of said Lot 1, North 0 °26'00" West, 6.00 feet to the point of beginning. Contains 810 square feet. REGISTERED Z PROFESSIONAL L`• ND SURVEYOR i OREGON 'NA L 1 3. 1 9 7 9 LEORD S CH ELSKY 1841 • • ENGINEERING SURVEYING / PLANNING • • I .,1 1111 ' • 1. � iA � . 1 t, i` •. x i �yM•.ito . if . l 111,4 ' 5. W LOCUST STREET . • • Al/E COR LU/' 4 BL 4- "TOWA/ O. a- M /.LG F' " - C----/ Jo.ro , -- )- . •,- ( - k l i .i . O to SL,Cf RC F UT/L / TY EA.SBME- -N T ‘(1) 8 O /O 5Q. F7; - Q t ' • s t o ' S ' TAX T 900 /5/ 35 AA 0 _ BK /040, RO, 57.2 0 :; ' ✓. ALA/t/ Z5HNTBAUER ET AL ; � ` 11 tO l ., ` i Lam,/ , ,;`,-r -- : ` ,-r , ;� ` / • -J 1 • 1 • • • A'it-//8/ T " • • WESTLAKE CONSULTANTS, INC. • Engineers, Planners & Surveyors 5 L_OGUST STROET 7340 S.W. Hunziker Suite 204 Tigard, OR 97223 Phone 684 -0652 EA S A ENT' 5 C - ' 4 4 — E• : /"'- o,4 i : s - i6 -89 ORAWA/: ✓ Apt Z Jo,B ,vo. /- -S�S 02 • • • STATE OF OREGON } SS County of Washington • I, Donald W. Mason, Director of Assessment and Taxation and Ex -Offi io,, c ecorder of Con - veyances for sai do h�eieby certify that the within instrument ol WhtIng, was received and recorded int000 =of redo ds`'of3s' id county. 3 Donald V11� Masson, 19i ,ector of sessmen �a ndi Taxation, Ex- � s a 1 O 'cw -t C niy erk� i . C IA l -. =s C ° °* cou0' / , Doc : 89043187 • Rect: 17731 31.00 09/12/1989 10:53:58AM