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89-39284 89- 39284` . Washington County SLOPE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Emanuel L. Breckel , hereinafter referred to as Grantor, in consideration of the sum of One Thousand and 00 /100 dollars.($1,OOO.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 T0: CITY RECORDER, TIGARD P 0 BOX 23397 TIGARD OR 97223 Slope and Utility Easement - Page 2 IN WITNESS WHEREOF, the Grantor(s) above named, have hereunto set t eir hands and their seal on this )-(91 day of , 1989. • BY �. .,�.,, -- � 11 ■1 1 �...�.,1 Emanuel L. Breckel �hii�0e . °? o ° Q ` y� 4 `fm � M1 l i e tot., REGON w `• , Goprt - ;: 61 Washington ) 4 Is -600pO0O4" 0'` % °. On this — day of 1989, before me, ^e,,t .,,Q i 1dersigned, a Notary Public in and or said County and State, ``personally appeared the within named Emanuel L. Breckel 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. 6a 'z Notary Public for Oregon My Commission Expires: 4/ - 9/ r % Approved as to legal description this 47 'day of .JJI , 1989. By: ( e Title: !2B %p/M .L U/L /77"e, Approved this , day of usf , 1989. DEPARTMENT F COMMUNITY DEVELOPMENT By: /e16 Title: C4 En Meet Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Suite 204 Tigard, Oregon 97223 [ 503 - 684 -0652 Locust Street Exhibit "A" Slope and Utility Easement Tax Lot 802 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 Lot 4 and the north 6.00 feet of the west 20.00 feet of Lot 3, Block 3, "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 northwest corner of said Lot 4; thence, along the west line of said Lot 4, South 0 °26'00" East, 6.00 feet; thence, parallel with the north line of said Lot 4, South 89°34'00" West, 25.00 feet; thence, North 0 °26'00" West, 6.00 feet; thence, along the westerly prolongation of the north line of said Lot 4, North 89 °34'00" East, 25.00 feet to the point of beginning. Contains 570 square feet. REGISTERED PROFESSIONAL LAND SURVEYOR / / r , OREGON J U L Y 13, 1 9 7 9 LEONARD SCHELSKY 1841 ENGINEERING / SURVEYING / PLANNING 3 - �- .11i ^:111 SW . LOCUST STREET N W COR LOT 4, 0 61-3 "?OWA/ OFMETZGER R/ B9 °34 Ge7 °E 1 Z25 - J - - 70 = I " (. , -- — • .SLOPE ' J7, / ry E5 MT 1 I �1 of �� o� a o � a o Cr) !i; TAX LOT802 /9/ 35 AA r' i FEE A/O. 73-30936 61 1/4 , _ SMAA/UEL L . BFZEC -t EL. ,z --. ., ,_.' r °1- if _Cli -`- ,, ESL- J I I , V ■■... ■ m■ow mom.. ■ H EX/-1//T "A" • WESTLAKE CONSULTANTS, INC. S W LOCUST 5 TREET Engineers, Planners & Surveyors 7340 S.W. Hunziker Suite 204 Tigard, OR 97223 Phone 684 -0652 EA SEMEA/T SCALE: 1 " =2O ' I OATS: 5 -/6 -B9 DRAWN. JMZ la0E3 A/O. 45/ -02 . Li Y . !t ,'t t 1 t , u,a S W LOCUST STREET fe __ N W COR LOT 4, 84..3 "701 -VA / OF 4.17 A,/ 6g9 ° 34 cb ° E 1 -25: CO =j - - - - - '7O. 00 =-� I - C. , — — — i— S !o' SLOPE y M PE FT /L/ TEST o� 1 0 o 0 o h. 1 s rlr V) ' ' j ; TAX LOT 80,2 /9/ 35 AA 4, FEE A-/ . 78 3O936 ' , mAA/6/EL L L. BR"GdtEL ,r - =; L : L _ • \ 4 2 EXN /f3 /T "A" WESTLAKE CONSULTANTS, INC. S k/ LOCUST S TREET Engineers, Planners & Surveyors 7340 S.W. Hunziker Suite 204 Tigard, OR 97223 Phone 684 -0652 EA SEMENT SCA _E.' / " =20 ' l OAT: S - /lo -B9 DRAWN.' JMZ f %/O8 A/O. 1 ,45/ -02 STATE OF OREGON l SS County of Washington f I, Donald W . M ason, Director of Assessment Q isio e oryer of that and Taxation an ec certify t at veyances for sa" uq'w�� the within rurcient o ' county. e r and record <d ►4% - r * /^!- jv ` , c c, for of yq{,; m /op-118,t51\51)/27" (0§-9-1W1 ,: gon, Ex- 1 ft e 2 h ' �."* couO Doc : 89039284 31.00 Rect: 16533 08/23/1989 11:43 :25AM