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82-022629 A49/0V7 4V7 4.4.4t , ORIGINAL.- PERMANENT SLOPE EASEMENT Q O 15 KNOW ALL MEN BY THESE PRESENTS, That, we Sunset Terrace Apartments and Verdugo Parkview Apartments hereinafter referred to as "Grantors" for the consideration of the sum of Ten ($10.00) Dollars, to Grantors paid, have granted and do hereby grant to the CITY OF TIGARD, OREGON, hereinafter referred to as "Grantee," a perpetual right and easement to construct, maintain, repair and have free access to all slopes of cuts or fills, occasioned by or resulting from the construction, operation or maintenance of a public street and appurtenances, upon the following described premises, to wit: A portion of Government Lot 2, in Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at a iron rod on the southerly right -of -way line of S.W. Hampton Street, said iron rod also being the northwest corner of grantors land as described in microfilm 80 18076, Washington County Records; thence, from said Point of Beginning, along the southerly right -of -way of S.W. Hampton Street as conveyed to the State of Oregon by deed recorded in Book 593, Page 13, Washington County Records the following four (4) courses; (1) South 88 °22'48" East, 402.13 feet; (2) along the arc of a curve to the right, having a radius of 256.48 feet a distance of 67.15 feet; (3) South 73 °22'48" East 61.02 feet and (4) along the arc of a curve to the left, having a radius of 316.48 feet a distance of 46.43 feet, thence, leaving the southerly right -of -way line of S.W. Hampton Street, South 02 °39'44" West, 10.05. feet; thence, along a line parallel to and ten (10.00) feet southerly of, the Southerly right -of -way line of S.W. Hampton Street the following four (4) courses, (1) along the arc of a curve to the right, having a radius of 326.48 feet a distance of 47.90 feet; (2) thence North 73 °22'48" West 61.02 feet; (3) along the arc of a curve to left, having a radius of 246.48 feet a distance of 64.53 feet; and (4) North 88 °22'48" West, 5.22 feet; thence, leaving said parallel line, South 66 °50'41" East, 14.32 feet; thence North 88 °22'48" West, 95.89 feet; thence North 63 °36'17" West 14.32 feet; thence on a line parallel to and ten (10.00) feet southerly of said right -of- way line, North 88 °22'48" West 282.67 feet, thence, leaving said parallel line, North 39 °03'27" East 12.59 feet to the Point of Beginning. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil, or any other rights except those expressly stated in this easement, nor prevent Grantors from the full use of dominion thereover, provided, however, that such use shall not be permitted to damage or destroy lateral support to 1 / e lf/ said public street, but it is understood and agreed that Grantee shall never be required to remove the dirt or other materials placed upon said property, nor shall Grantee be subject to any damages to Grantors, their heirs and assigns, by reason thereof, or by reason of the slopes constructed thereon, or by reason of change of grade of the street abutting on said property. Grantee, its agents, successors and assigns, agree to preserve the existing landscaping scheme and groundcover, to avoid damage to or destruction of existing shrubbery, plants, sprinkler heads, or other appurtenances or appliances, and to relocate such shrubbery or plants following resloping, to preserve as nearly as possible the existing landscaping scheme. TO HAVE AND TO HOLD, the said easement unto Grantee, its successors and assigns forever. And Grantors do hereby covenant to and with Grantee, that they are the owners in fee simple of said premises and have a good and legal right to grant the rights above described. WITNESS our hands and seals this 27th day of October , 1981. SUNSET TERRACE APARTMENTS, a Califor3FL Limited Partners VERDUGO PARKVIEW APARTMENTS, a Californ' Limited Partners np 2 . -` STATE OF CALIFORNIA ) COUNTY OF LOS ANGEL, , ) BEFORE ME, the undersigned authority, on this day personally appeared Edward R. Broida, Trustee of The Edward R. Broida Trust No. 1, a general partner of Sunset Terrace Apartments, a California Limited Partnership, known to me to be the person and Trustee whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Trust in its capacity as the general partner of said limited partnership, as the act and deed of said limited partnership, and SUBSCRIBED AND SWORE THERETO. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of October, 1981. OFFICIAL SEAL + MARIA - ARROYO ,� NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY __ �_ My comm. OCT 4_1985 NOTARY PUBLIC IN AND 9 4r R LOS ANGELES COUNTY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) BEFORE ME, the undersigned authority, on this day personally appeared Edward R. Broida, Trustee of The Edward R. Broida Trust No. 1, a general partner of Verdugo Parkview Apartments, a California Limited Partnership, known to me to be the person and Trustee whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Trust in its capacity as the general partner of said limited partnership, as the act and deed of said limited partnership, and SUBSCRIBED AND SWORE THERETO. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of October, 1981. OFFICIAL SEAL MARIA ARROYO ^� � NOTARY PUBLIC - CAL c 4I ' LOS AN C OUNTY My Comm, expires OCT 4, 1985 N OTARY PUBLIC IN AND FOR LOS ANGELES COUNTY 2 r-, • - • ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayor By: A rr ee ll (� W� De e�i- City r ecorder STATE OF OREGON )ss. County ofsk On this / ! day of , 19 ,gat , before me appeared t( /Jj, _ 1S�ld J and e i ,, 41), %SfJ 7 both to me personally known who, being duly sworn, did say that he, the said /,a /A ;& ,4 _ is the Mayor, and he, the said L ai is the Reco dcr of the CITY OF TIGARD, a municipal corporation, and the sacP , r a r _._ 1� and Aorei/7 _ _ acknowledged the said instrument to be the free act and deed cf said municipal corporation. IN TESTI:1ONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. ___(5K )1, • '' Notary Public for Oregon • , ;'; Li 7 X4 Ay commission expires • • _ NA A PTO A/ STREET P0.8 5.88 °22'.48 °E. 402./3' 1" o 7 "/ i #.0 4, 'f: ` L-zG7 Aft . 4-44?' \ per - V88 ° I✓ 282.L7 • • IP. • '!/818 °22 48'h' • 9 9' 1 • .. • • _ ^•' --... _i L 1cY;: . . AE'� rt.; ` - N artx "/7' "/4.32" 1 , N68 . 22"4i8M �Z48, 4 �0 .441(41412--4 6 43" . �� {•� �•, r•. x -•• • :: \ 522' 6i o1. - ��III• i`. r iri .i' _..� i . T.`. `SCE °SO'4 /* _ r r'+i• : » 1.32' 4 II V PLAT To ACCOMPANY DESCR /PT /ON SCALE: i "= 50' PERMANENT SLOPE EASEMENT PORT /ON Of GOYERNMENT LOT 2 5E CT /ON 1, T.2 5. , R. / AV. A!! Al. /Y.45.4//�V TON COUNT Y - O1'EQON COOPER i AIIDOCIATts, INC. ENONNiERING £ CONSTRUCTION SERVICES 4 r • (k \ 4 • STATE OF OREGON SS County of Washington I, Donald,VV:Masori;:f7treCtor;of Assessment and Taxation'and Ex of Con- - 1365:1.--V7/1. • veyances for iaid,coonty4qtereby certify that the within ,instruen'f writing was received e:11 OF and recorded in 6ci6kTof of • ' 3 '7 O.Onald of ' ,AS Ex Tj'a_kci 7 0 0 3 OfficiCnief .Deputy Clerk ••, 1,,kH,;" 1)0 A V If ir% 9 1982 SEP — i 10: 34 •