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89-43199 6 89 - 43199 Washington County INDIVIDUAL- GENERAL PARTNERSHIP PERMANENT SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Wallace J. Brosseau hereinafter called the Grantors, in consideration for the sum of $ 3,000 dollars and other good and valuable consideration by the City of Tigard, hereinafter 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 thereto, 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: 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. 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. 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. IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and seal(s) this 1 day of , 19f7. 6(14-161..e'l)."ArratA.4-- (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) ) ss. County of Washington ) Personally appeared before me the above named Oaji, Q_ . 3 who executed this instrument and each of them acknowledged to me that this instrument was executed voluntarily and freely. IN TESTIMONY EREOF, I have hereunto set my hand and seal this ,D day of , 19 < <4■1( y �1 5 /r.• /� c // . a Ga ,Y \�f) � .� • ° °, S Notary Public f Oregon /7/ fiIFaP c9 AL) My Commission pires: zApproR Ctq ..l al description this / . - day of 41 11.1) .9 ? V Title: �.)f 116 ia&bt` 5c4,71/1e4S' �$1° • Approved this day y of Ag a)t , 19 / . GRANTOR'S NAME/ADDRESS DEPARTMEN OMMUNITY D L_ MENT By: ��� Title: &S Erigmee, 410 RETURN RECORDED DOCUMENT TO: CITY RECORDER, TIGARD P 0 BOX 23397 (1,n/177')D) 1 TIGARD OR 97223 e SLOPE EASEMENT T.L. 4100 (21 1 12BB) PROPERTY DESCRIPTION A parcel of land located in Lot 5, Wilson Acres a subdivision of record in Sections 11 and 12, Township 2 South, Range 1 West, W.M., City of Tigard, Washington County, Oregon, and being a portion of that property described in that certain deed to Wallace J. Brosseau in Book 729, Page 350 Washington County, Oregon, deed records, the said parcel being described as follows: Beginning at the intersection point of the easterly property line of said Lot 5 and the northerly right -of -way line of S.W. Bonita Road (CR 376), which is also the "True Point of Beginning," thence north along the easterly property line of said Brosseau property, which is also the easterly line of said Lot 5, a distance of 40.00 feet, thence westerly along a line parallel with the said northerly right -of -way line of S.W. Bonita Road (CR 376) a distance of 90.00 feet, thence South 64 ° 04'18" West a distance of 95.53 feet more or less to the said northerly right -of -way line, thence easterly along said northerly right -of -way line a distance of 175.00 feet more or less to the "True Point of Beginning." SUBJECT TO: All easements, restrictions, and rights -of -way of record and those common and apparent on the land. The parcel of land to which this description applies, contains 0.12 acres more or less. EXHIBIT I lbi i :- \ .A i r Q t lli c ` . s ` II 4) & sd C' • o . 1 l _,.L — m <: CO l \. N `\ NLI \ !O F lJ g. t— , if- ; V I . STATE OF OREGON — - - - L ---,. County of Washington J 1 SS , ' •-;. ' I, Donald W. Mason, Director of Assessment and Taxation and jx_Offici= ftecorder of Con veyances for said c ounty ado heteb certify hat the within instruri of ° waiting divas received and recordeditfibook_of recd ds gf)said county. ' � irector of sessrpent and: taxation Ex- Officio Co`7i n't t er , ° 1 P -- ° °�O Doc : 89043199 Rect: 17731 21.00 09/12/1989 10:54:02AM --7