88-25362 tIV _' ,,,,- 36 4 88 -
`y Washi Co y
n gt o n nt
INDIVIDUAL - GENERAL PARTNERSHIP
PERMANENT SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT JOHN P. BAGAN, JR.
hereinafter called the Grantors, in consideration of the sum of $ ZERO
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:
SEE ATTACHED EXHIBIT A
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.
TO HAVE AND TO HOLD the above- described and granted premises unto said Grantee, its
successors and assigns forever.
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 granto (s) has (have) hereunto set his (her) (their) hand(s)
and seal(s) this 2 day of , 19 ,f
• ,//� e?-7 (SEAL) (SEAL)
(SEAL) (SEAL)
STATE OF OREGON )
ss.
COUNTY OF WASHINGTON . 3 , 19s1
Personally appeared before me the above named J; h/
6z /i-17
who executed this instrument and each of them acknowledged to me that this instrument
was executed voluntarily and freely.
IN ESTIMONY WHEREOF, I have hereunto set my hand and seal this 5 day
of c ,f4a ,., ., s , l9'.
_�; v 1. t,.. r ,' �� ;, Notary Pu lic for Or-:on /'
�( O:l' - :. My Commission Expires: 9//5 /q/
Ap RToga d V e ` t oi 11'e 3 o d es cription this _�— ED
day of U � , 19 $
i e
Ix tN r E` -; � � °!a ` By : � s • (144.
s o °
,� : ; �3` a N Title: l
6. 4. 6/ 99/
41 +:,., . tatl°
Approved this 4 fr day of /4,,, , 190 •
fa te A , ,/ P.- 4 -ca / v DEPARTMENT OF COMMUNITY DEVELOPMENT
V v U ` ,wV r !
u` // Z /
CITY RECORDER By: i
T TIID /
(3593P) CI P. O , OF EOX 2 OAR397 f -- Title: ei � /MP/'
PVT 0 ART). OR 97223
a
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Exhibit "A"
.
A fifteen foot wide strip of land lOoated in the D.C. Graham D.L.C. No. 52, in
the northwest quarter of Section 35, Township 1 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon, described as
follows:
Beginning at the southwest corner of the D.C. Graham D.L.C. No. 52; thence
East, on the south line of said D.L.C., 1007.0 feet; thence North 00°28' East
572.9 feet; thence South 85°08' West 920.9 feet to a P.O.C. on the east
right-of-way line of SW Greenburg Road (County Road No. 2043) and the True
Point of Beginning; thence northeasterly, on said east right-of-way line
(being parallel with and 35 feet easterly of the centerline of said county
road), 100 feet; thence southeasterly, radial to said right-of-way line, 15.0
feet; thence southwesterly, parallel with said east right-of-way line,
approximately 95 feet to the south line of that tract of land described in
Book 810, Page 214, Washington County Deed Records; thence Sbuth 85°08' West,
on said south line, approximately 15 feet to the True Point of Beginning.
sb/4579D
REGISTERED i f*.
PROFESSIONAL
LAND SURVEYOR
. -
Zt5
• OREG
JANUM4 16, t987
JON T. FEIGION
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STATE OF OREGON
. - - County of /
. f Washington SS
I, Donald W. Mason; Director:of Assessment
. __ . . __._ _ _. .... ...._ _ , and Taxation and Ex-OfficiO Recorder of Con-
• veyances for said coUnty, do hereby Certify that
• the within instrurrient .of `'Writing Was received
and recorded in book ,orrecOrds of Said county.
. _ . . Donald W. Mason, Director of
AsSessment and Taxation, Ex-
.
Offidio County Cleric
, 2 , I ^,
, .
19B8 JUN I 4 Ilti lit 06