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85-043573 / r CITY F TI : r WASHINGTON COUNTY, OREGON December 23, 1985 Mr. Way W. Lee 5210 SE 26th Avenue Portland, OR 97204 RE: 69th /Parkway LID Enclosed are copies of the recorded Permanent Slope Easement and Warranty Deed for the above mentioned project. Washington County Tax Roll records show Mr. Frank Warren is a co -owner of this property. Mr. Duane Roberts, of the City, will be in contact with you regarding any additional paperwork which will be necessary. If you have any questions, please contact the Tigard Community Development Department at 639 -4171. Sincerely, Loreen R. Wilson Recorder 1rw/3558A Enc. CC: Duane Roberts y I y i i ��- -- - - - -- 1 2 755 S 0 /. ASH r" O. BOX 23397 TIGARD, OREGON 97223 PH: 639 -4171 • oQ 850(3573 CORPORATION PERMANENT SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Way W. Lee, General Contractor, Inc. hereinafter called the Grantors, in consideration of the sum of $1.00 dollar 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 mainte- nance 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: Three parcels of land in that part of the Northeast Quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows: Parcel I Commencing at the Northeast corner of that parcel conveyed to Way W. Lee, General Contractor, Inc., an Oregon Corporation, as described by County Recorder's Fee No. 80- 27388, Parcel I; thence on a bearing (basis of which is the Oregon State Plane Coordinate System) of North 87 degrees 41 minutes 58 seconds West a distance of 71.57 feet to the point of beginning of the land to be described; thence continuing along said line North 87 degrees 41 minutes 58 seconds West a distance of 20.00 feet; thence North 10 degrees 44 minutes 58 seconds West a distance of 62.70 feet to a point; thence South 26 degrees 54 minutes 39 seconds East 70.00 feet to the point of beginning. Containing an area of 0.014 acres. Parcel II Commencing at the Northeast corner of that parcel conveyed to Way W. Lee, General Contractor, Inc., an Oregon Corporation, as described by County Recorder's Fee 80- 27388, Parcel I; thence along a bearing (basis of which is the Oregon State Plane Coordinate System) of North 17 degrees 33 minutes 57 seconds West a distance of 397.76 feet to the point of beginning of the slope easement to be described, said point of beginning being on the westerly right -of -way of S.W. 69th Avenue as per the recorded plat of "Way Lee "; thence South 14 degrees 13 minutes 40 seconds West a distance of 83.25 feet to a point thence North 75 degrees 46 minutes 20 seconds West a distance of 5.00 feet to a point; thence North 14 degrees 13 minutes 40 seconds East a distance of 89.45 feet to a point; thence South 39 degrees /- • .,' • 15 minutes 56 seconds East a distance of 3.56 feet to a point of non - tangency; thence along the arc of a 123.67 foot radius curve to the right, through a central angle of 02 degrees 08 minutes 04 seconds; an arc distance of 4.61 feet to the point of beginning (the chord of which bears South 13 degrees 25 minutes 11 seconds East 4.61 feet). Containing an area of 0.010 acres, more or less. Parcel III Commencing at the Northeast corner of that parcel conveyed to Way W. Lee, General Contractor, Inc., an Oregon Corporation, as described by County Recorder's Fee No. 80- 27388, Parcel I; thence along a bearing (basis of which is the Oregon State Plane Coordinate System) of North 87 degrees 41 minutes 58 seconds West a distance of 71.57 feet to the point of beginning of the slope easement to be described; thence South 26 degrees 54 minutes 39 seconds East a distance of 9.97 feet to a point of curvature; thence along the arc of a 220.00 foot radius curve to the right, through a central angle of 28 degrees 34 minutes 35 seconds, an arc distance 109.73 feet (the chord bears South 12 degrees 37 minutes 21 seconds East 108.59 feet) to a point of tangency; thence South 01 degrees 39 minutes 56 seconds West a distance of 341.20 feet to a point of curvature; thence along the arc of a 400.00 foot radius curve to the left, through a central angle of 25 degrees 50 minutes 30 seconds, an arc distance of 180.41 feet (the chord bears South 11 degrees 15 minutes 19 seconds East 178.88 feet) to a point of non - tangency; thence South 01 degree 39 minutes 56 seconds West a distance of 30.36 feet; thence North 88 degrees 12 minutes 15 seconds West a distance of 9.03 feet to a point on a curve; thence along the arc of a 422.00 foot radius curve to the right, through a central angle of 18 degrees 17 minutes 20 seconds, an arc distance of 134.70 feet (the chord bears North 18 degrees 12 minutes 24 seconds West 134.13 feet) to a point; thence South 80 degrees 56 minutes 16 seconds West a distance of 30.00 feet to a point; thence North 07 degrees 09 minutes 32 seconds West a distance of 30.00 feet to a point; thence North 84 degrees 44 minutes 28 seconds East a distance of 30.00 feet to a point on a curve; thence along the arc of a 422.00 foot radius curve to the right, through a central angle of 06 degrees 55 minutes 28 seconds, an arc distance of 51.00 feet (the chord bears North 01 degrees 47 minutes 48 seconds East 50.97 feet) to a point of tangency; thence North 01 degree 39 minutes 56 seconds East a distance 50.32 feet to a point; thence North 60 degrees 34 minutes 33 seconds West a distance of 33.90 feet to a point; thence North 29 degrees 25 minutes 27 seconds East a distance of 64.41 feet to a point; thence North 01 degree 39 minutes 56 seconds East a distance of 50.00 feet to a point; thence South 88 degrees 20 minutes 04 seconds East a distance of 10.00; feet to a point, thence North 01 degree 39 minutes 56 seconds East a distance of 192.00 feet to a point; thence North 21 degrees 59 minutes 40 seconds West a distnace of 98.60 feet to a point; thence South 87 degrees 41 minutes 58 seconds East a distance of 20.00 feet to the point of beginning. Containing an area of 0.327 acres, more or less. 2 k ,. fr Jf • • f 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 stated in this easement, nor prevent Grantors from the full use and dominion thereover, 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 buildings 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 Grantor, does hereby covenant to and with the City of Tigard, that it is the owner in fee simple of said premises; that the above described property is free from all encumbrances, and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the undersigned corporation has caused this ease- ment to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. E F.7 :w la. Way W. Lee ,General Contractor Inc. O ;�,• Name of Corporation ° p ia P p By: .� ✓� � e�aoo..a� as y �< Presi: t • Secretary STATE OF OREGON ) ss 77-( COUNTY OF WASHINGTON , 1985 3 • • • 1 Personally appeared Way W. Lee and Priscilla D. Lee • who, each being first duly sworn, did say that the former is the president and that the latter is the secretary of Way W. Lee, General Contractor Inc. , a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corpor- ation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. (Of ficial Seal) C' » qyZ tlif8flifl C- % � �- . 1e, � }} f aGg f I v u° aka 4 eB 4E - _ ,. -- , _'' �g:yf`a; °� Notary Public for Oregon Y " 1 y's •r My Commission expires Feb. 17, 1989 • proveii:<s',to form this • (,(1 day of ( /�2 ( / ^ , n , 1985. By: City Attorney - City of Tigard • Approved as to legal description this ,,i.- of / / , 1985. f By: /f Ci - City of Tigard -,(Accp by the City Council this 7'" 'day of Sevn_. , 1985. CITY C011 ,IL, CITY OF TIGARD, OREGON AP `. >� 0 pp fi City Recorder - City of Tigard C o 1-.7 6 • 1 :....mom R /GNT- OF -WAY MAP TAX LOT 6502 , / 3 / 36 AO WA5/- // NGTON CO. OREGON , ' / "_ /00' 016 5'1 O/ R = /23 6 7 G d = 2° 08'04" Q OW AY L = 4. C = S /3 ° 25'// "E 4.10/ rIG A I r' O2 R 4°/4 P C O L = 73.89 G 5' 04° 45'5.3 "W 5 N • ©h ©, � 72.80 ' /p © 5/4° /3'4O" kV /PARCEL � © 83.25' 0.0/0 AC 0.0/0 AC I ® 5' 39 /3'56 "E 3510' LOT / � ® N /4° /3'40" E / N © 75 46' 20' kV 500' WAY LEE, GENERAL " ( R= 23/.00 CONTRACTOR, INC. L0T 2 I y LA= 4(° 08' /8" 650Z AD " ® ' �g03A� C Al0l 2 0'30''W A 1 /62. 32 ' co d d 'd L= 339.82 PARCEL A 0 . /54 AC ± C = S 22 ° /O' 05" E 30 32' 20'TEMP0R4 /ZY ® S 26 °54'39 "E COn/s7 KU6770N 1.2 2 EASEMENT N 26 °54'39 "w\ /a R= 280.00 /3/. 25• \ <;: d = 04 °43' /5" z.. = 23 -07 C = S 0/'E N /0°44'58 W 23.06' 02. 70 . .::;' <' : / // O. 0/4 AC. // N 87 ° 4/' SB" W N87° 4/'58 "W 1 3.92 20.0' 107. (0 5' P. 0. B .PARCEL S \ 0.0/4E AC a' ■ 2400 o0/4 \..1 1 3 8.5 • � z • ' R R/61-/T- OF-WAY MAP (A TAX LOT 2400 / S / 36 DA WAS/ -H /NG T0A/ CO. OREGON LOT / WAY LEE, GENERAL CONTRACTOR /NC. , , !0502 AO N 87 °4/'S8 "W 20.0 107(°S. _ 3.92 , /" _ /oo' 0 3 26° 54' 39"E' - P.O.B. 9.97' N 21 ° 59 ' 40" w 98.100' D D 4 ° R = 220. oo �� a = 26 ° 34'35" L = /09. 73 I ! C = S /2° 37 Al0 I 3 9 ' 5 ( 6 }: ' /08.59' /92.00' LOT I /2.00' • WAY LEE, GENERAL ' POLLOCK CONTRACTOR, INC. 200 DA ' 5 88 20' 04" E • /0. 00' N0/ ° 39'56 "E 50.00' N ,29 25' 27" E 64.41' • d d PARCEL. SQ o. 327 AC = ., ;. 2400 DA N 60° 34' 33"W PARCEL 8 33.90' 0.552AC N 0/° 39' 56 "E +> 50.32' N 84- °44'Z.6" E • 30.00' R =422.00 N07 ° "W d =06°55'28.. 30.00' E L =5•/.00 C =N0/ °47'4.9 " S 80 ° S6 ' /6 "kv 50. 97' 30.00' R= 400.00 L 25°50'30" 2. 2 0■ L= /80.4/ C. S // °/5'/9 "E /78. 88' NB9 °/2'/5 " /Y 9.03 R = 422.00 30.36' /8° /7'20" 4= /34.70 C= N /8 /Z' 24 "I'Y /34• /3' • 3 -26-85 STATE OF OREGON SS County of Washington I, Donald.W: Maso�;DirectoPof Assessment and Taxation _ . ands Ex �Qffic� / =RecoFder of Con - veyances for said couniy ;Pdo;here , b_ ertify that the within / Instrument ,ofting ,s received �a t.''I :.,L n` rcnrir't4c f ,wa said 'nunty. - 711 1 9 0 7 0 12 0 60 s s. e s .1, � 3g 56 1 . 575✓1 901 c. ® 1 I N ) r tp w 2p 388 ° 58'E ) ! '; ' 0 5 19 3500 3 3300 4200 � ; m co (C. 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N00 10'so :. ti l ��� _ 1,22 � . ?�3� e 1x30 d'� +: , r34 '. ° I p POINT / 23.07 . , - :.' _. _ - 4..,• 4. 1o 1i = � N. I8 EASEMENT 323 /91. 87.83 5.9Z.