88-33891 Washington County,Oregon 2007-130004
1-- 12007 02:45:32 PM
F. Cnt=1 Stn=21 RECORDSI
$50.00$5.00$11.00-Total=$66.00
AFTER RECORDING RETURN TO
01198807200701300040100104
I,Richard Hobernicht,Director of Assessment and f �
Taxation and Ex-Officio County Clerk for Washington `3''''64. .
County,Oregon,do hereby certify that the within �`f•' �c '
Instrument of writing was received and recorded in the f } +T•-V1).4�
City of Tigard
t „F
`1 book of records of said coul�r ' :-.. r0. f
City Records Division (JM � � ,.-.. u
Richard Hobernicht,Director of Assessment and .
13125 SW Hall Blvd Taxation,Ex-Officio County Clerk
a` <r
Tigard,OR 97223
RELINQUISHMENT OF EASEMENT
The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the
laws of the State of Oregon, hereinafter called CITY, hereby releases any and all interest in slope easements,
situated in Washington County, Oregon, conveyed to CITY by documents recorded at Documents Nos. 88-
33890, 88-33891 and 89-13779, Washington County, Oregon. Document Nos. 88-33890 and 89-13779 also
include dedication of rights-of-way,the entirety of which are not subject to this relinquishment.
The property is being regraded as part of development. CITY no longer has a need for the easements
described above and in Attachments 1,2,and 3,attached hereto and incorporated herein by this reference.
Dated this 1 day of PC414.1""62-f ,2007.
CITY OF TIGARD,OREGON /�
By: Q 1': ems_
stir P.Duenas,P.E. City Engineer
STALE OF OREGON )
County of Washington )
On November 1, 2007, Agustin P. Duenas, P.E., personally appeared before me, who, being duly sworn, did
say that he is the City Engineer of the City of Tigard, Oregon, and that said instrument was signed on behalf of
said City and he acknowledged said instrument to be the City voluntary act and deed.
ftp OFFICIAL SEAL ,z ,,,,..,,,i.,_A_L.._). a . 2,..A..,,,,,,,,,,,7,3
` t„„4,,, KRISTIE J PEERMAN O NOTARY PUBLI OF OREGON
(
NOTARY PUBLIC OREGON )
', � COMMISSION NO.419242
9 MY COMMISSION EXPIRES JULY 28,2011 1 My Commission Expires: 7/ $ /jj
is\eng\greg\requests,complaints\village summer creek\relinquishment of easement rt.doc
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INDIVIDUAL- GENERAL PARTNERSHIP 88-33891
PERMANENT SLOPE EASEMENT Washington County
KNOW ALL MEN BY THESE PRESENTS THAT Daniel G. Duggan and Judith A. Duggan, as
tenants by the entirety
hereinafter called the Grantors, in consideration of the sum of $ -0---
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 legal description
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 rantor(s) ha (have) hereunto set his (her) (their)
hand(s) and seal(s) this 3 c7 ay of p , 19 W.
4 -u (2. (SEAL) (SEAL)
A a (SEAL) (SEAL)
It •
STATE OF OREGON )
) ss.
COUNTY OF WASHINGTON) , 19
Personally appeared before me the above named n Q if ,4 7)/,�GGyQ,t ,
who executed this instrument and each of them acknowledged to me that this instrument
was executed voluntarily and freely.
TESTIMONY WHEREOF L I_ have hereunto set my hand and seal this 6C) day
of- 11, ..��•. , 19 .
ffie/n - 727 r de/1 - -
Notary Public f Oregon
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� G`�10TAL°t4EAI) My Commission Expires: r
A DO ti l't; �y 0 o;=.
Ab //2- / J
ca g as t „ `1,�'g description this day of , 19 8
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C A F °0 00000 ° r.� � " 2. � y 0' y iL�. �_ . ✓aLI
ar f�r`, rf €Ei t= �a%� Title: ( /11;& /44 te// � r.
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Approved this / - ..day of J4 , 19".
G, Lk, „ ✓ �,i// j' DEPARTMENT OF COMMUNITY DEVELOPMENT
1 1��.�.vr /fir By: �G �..
bebb a35 q7
2173A/24A � - Title: �i E /4
4 04 Q - 2aa 3 3
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TAX LOT 100 1St 33C
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DOCUMENT NO. 78057.125 Z
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10.00
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IN _
10 1 20 I
SLOPE EASEMENT 10.00- - i
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_ _ N 85° 3550 W
10.01i
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Robert E. Myer Consultants, Inc SW 135TH AVENUE
E^°i^""•P'•'M"' RIGHT -OF -WAY ACQUISITION
4e05 S. GnH.U' Dn» -
(50310" Orogen 970 Lands of Daniel & Judith Duggan
Scale I": 50' I Date :JAN6,1988 Drawn By KDB I Job No.1548 -01
2.
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C.
CITY OF TIGARD
135TH AVENUE RIGHT -OF -WAY ACQUISITION
LANDS OF DANIEL AND JUDITH DUGGAN
A STRIP OF LAND FOR ROAD RIGHT -OF -WAY, BEING A PORTION OF THAT
TRACT OF LAND IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
33,.TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, DEEDED TO
DANIEL G. AND JUDITH A. DUGGAN, BY THAT DEED RECORDED AS
DOCUMENT NO. 78057125, WASHINGTON COUNTY, OREGON, DEED RECORDS,
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT, WHICH POINT IS
20.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, THE
CENTERLINE OF S.W. 135TH AVENUE (C.R. NO. 934); THENCE, PARALLEL WITH
SAID CENTERLINE, N 01 38' 40" E, 201.65 FEET, TO THE NORTH LINE OF SAID
TRACT; THENCE, ALONG SAID NORTH LINE, N 85 35' 50" W, 2.94 FEET TO A
POINT OF NON - TANGENT CURVATURE, THENCE, SOUTHERLY ALONG THE ARC
OF A 630.00 FOOT RADIUS CURVE CONCAVE TO THE EAST (CENTRAL ANGLE:
8 35' 0,0'; LONG CHORD: S 05 56' 52" W, 94.29 FEET) A DISTANCE OF 94.38 FEET
( TO A POINT WHICH IS 30.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT
ANGLE TO, SAID CENTERLINE, WHICH POINT ALSO BEARS S 20 55' 15" W, 140.85
FEET FROM THE CENTER OF SAID SECTION 33; THENCE, PARALLEL WITH SAID
CENTERLINE, S 01 38' 40" W, 107.28 FEET, TO THE SOUTH LINE OF SAID TRACT;
THENCE, ALONG SAID SOUTH LINE, S 85 35' 50" E, 10.01 FEET TO THE POINT OF
BEGINNING.
• CONTAINING 0.03 ACRES (1,649 SQUARE FEET).
TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT
PURPOSES, LYING WESTERLY OF THE WEST LINE OF THE ABOVE DESCRIBED
STRIP OF LAND FOR ROAD RIGHT -OF -WAY.
CONTAINING 0.046 ACRES (2,018 SQUARE FEET).
LID 2
1548- -01 -40 -4
02/03/88 Page 1 of 1
STATE OF OREGON
, County of 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 in of writing was received
and recorded in book of records of said county.
Donald W Mason, Director of
Assessment and Taxation, Ex-
,
Officio County Clerk
1988 AUG -2 PH 3: 26
•