90-54045 g�-
90-5 0
Washington County
SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Timothy M. O'Callaghan and
Nancy N. O'Callaghan, husband and wife, and William Probstfield and Judith Probstfield,
husband and wife, hereinafter referred to as Grantor(s), in consideration of the sum
Three Thousand Dollars & 00/100 ($3,000.00) 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 and 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.
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. The Grantors, 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 Grantors above named, have hereunto set their
hands and their seal on this `t day of 3 2 , 1990 .
by _ by
Timothy M. O'Callaghan William Probstfield
by • WA- i . _.__:mil < by .� ' �
Nan /N. O'Callaghan / Or udith Probstfield •
r c Slope Easement - Probstfield /O'Callaghan
xr•. Page 2
STA - ,OREGON )
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n° `this 4 7r ._ day of , 1990, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared the within named
Timothy M. O'Callaghan and Nancy N. O'Callaghan 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.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year last above written.
6
Notary Public for Oregon
My Commission Expires: '/ -5 /
STATE OF OREGON )
)ss
County of Washington )
On this day of , 1990, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared the within named
William Probstfield 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.
Notary Public for Oregon
My Commission Expires:
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Slope Easement - Probstfield /O'Callaghan
Page 3
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A - VSTAT ° O; OREGON )
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On this iv - day of
y � 1990, before me, the undersigned,
a Notary Public in and for said Cou ty and State, personally appeared the within named
Judith Probstfield who is known to be the person whose name is subscribed to the within
instrument and acknowledged that she 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.
ke ‘4 e v
Notary Public for Oregon , �
My Commission Expires:
After recording return to:
The City Recorder
PO Box 23397
Tigard, OR 97223
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EXH
SLOPE EASEMENT DESCRIPTION
DARTMOUTH STREET EXTENSION •
• TAX LOT 1700 1S1 36 CD
A 10 foot wide parcel of land in the Southwest 1/4 of Section 36,
T.1S., R.1W., W.M., Washington County, Oregon, being a part of that
particular tract conveyed from Hugo F. and Helen M. MacKey to Verne
and Hazel E. Cotton by deed recorded in Book 226, Page 571, and
also a part of that certain tract conveyed from Bernice E. Dobbins
to Cyrus R. and Ellah A. Knight by deed recorded in Book 288, Page
53, both conveyances in Washington County Records of Deed and being
•more particularly described as follows:
Beginning at the point of intersection of the Southwesterly
line of the said Cotton Tract with the Southeasterly richt-
of -way line of the Southwest Pacific Highway (O.S.H. 99 -W);
thence N52 °52'E along the said Southeasterly right -of - way line,
a distance of 140.00 feet to a point of intersection with the
Northeasterly line of the said Cotton Tract, said line also
being.the Southwesterly line of that certain tract conveyed to
Clarence L. Chilson, et ux, by deed recorded in Book 124, Page
194, Washington County Records of Deeds; thence S22 °55'E along
the said Northeasterly line of the said Cotton Tract and the
Northeasterly line of the said Knight Tract a distance of
335.58 feet to the Southeast corner of the said Knight tract;
thence N85 ° 22'W along the South line of the said Knight Tract,
a distance of 123.85 feet to the TRUE POINT OF BEGINNING;
thence N28 °58'40 "W, 110.00 feet; thence N61 °01'20 "E, 10.00
feet; thence S28 °58'40 "E, 116.65 feet; thence N85 °22'W, 12.01
feet to the TRUE POINT OF BEGINNING.
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;� SCALE: 1” = 100'
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�. s Described Area
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END. W4" 1.1:! 0'g % N • PND 3/4" I.P.
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GK = X03 °42 "E C.kY NOV
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EXHIBIT MAP .
SE 1/4 OF SW 1/4 OF SECTION 36 T1S R1W, W.M.
STATE OF OREGON
} SS
County of Washington
I, Jerry R. Hanson „Dire9tor of Assessment
and Taxation and`Ex=Officio'Recorder of Con-
veyances for said copnty;lao/,here kcertify that
the within Lnstrument- of= writin was received
and recorded inItioo of recordsofPsaid'-c
S As e ryr R4Ha�oDirector of
sess ,Taxation. Ex-
., Officio-CouotyrGlerk
cn =* Sias acv +.. C?
Doc : 90054045
Rect: 41423 33.00
09/28/1990 03:51:30PM
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