89-26493 C 7 135th LID
vie" . z s i r #303
- .NDIVI%)UAL- GENERAL PARTNERSHIP 89-26493
PERMANENT SLOPE EASEMENT
Washington County
KNOW ALL MEN BY THESE PRESENTS THAT Robert H. Sunamoto and Tomo Sunamoto, as tenants
by the entirety
hereinafter called the Grantors, in consideration of the sum of $ 200.00
dollars ' +and other good and valuable consideration. by the City of Tigard, hereinafter
called Grantee, , granted and conveyed and by these presents do .grant and* convey unto
the City of Tiard, a perpetual easement for the construction.,. maintenance.::and repair, .
with •ne'cessary 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
butting 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 grantor(s) h s (have) hereunto set his (her) (their)
hand(s) and seal(s) this 2,1d day of , 19 ty .
U
_ � � 1/ t..gl7./ ° (SEAL) (SEAL )
d-W R•./y (SEAL) (SEAL)
STATE OF OREGON )
) ss.
COUNTY OF WASHINGTON) poll_ ,,A , 19 j7
Personally appeared before me the above named 'R - I — )4 ,S un 4 moL o ay, C
7 .S1l r P-im r
who executed this instrument and each of them acknowledged to me that this instrument
was executed voluntarily and freely.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this x::20/ aa ��
&" day
of . Gork_e_: _ 19 i .
.p: ��'' l ,N9,tary Public 0_rego l = =-
' TAIL' -- ) , My Commission Expires: y/
Appr a .to lega this 2 ' day of 1/.1A .., 19 Pi
M o
% ... S 3Q \ e
° : By:
�r,,r.o. o t' ' Title Patto /ITS' ,__Cd zC�S //
Approved this 2 ni day of Jane , 19 i9
DEPARTMENT OF COMMUNITY DEVELOPMENT
RETURN RECORDED DOCUMENT TO: / 7 - 4 - "'"‘ et6 / 6 " 11"--e y
CITY RECORDER, TIGARD By '
P 0 BOX 23397
2173A/24A • TIGARD OR 97223 /---y T itle: e En / e e/' /
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TAX LOT 100 2S I 4AB
BOOK 303 PAGE 27
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Robert F. N\eyer Consu1tants.Inc SW 13 5TH AVENUE
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"" Su°" RIGHT -OF -WAY ACQUISITION
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(50.71 0+3.1571 Lands of Robert H - &Tomo Sunamoto
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Scale I" 50 I Data : JAN.I2,1988 Drawn By KDB _ Job No.I548 - 0I • j
STATE OF OREGON l •
County of Washington ) SS
I, Donald W. Mason, Director of Assessment
and Taxation and Ex- 0.fficioLRecorder of Con -
veyances for s id hey certify that
the within ristrurnent of �fing reb was received
and recordEd i ook `T re eof�aid county.
{�onaldNU. ,A,--,,
asd , t Director of
Assessmen a Taxation, Ex-
VIIIy Q -.V' 1r'
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Doc : 89026493
Rect: 11739 26.00
06/13/1989 10:33:39AM
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CITY OF TIGARD
S.W. 135TH AVENUE RIGHT -OF -WAY ACQUISITION
LANDS OF ROBERT AND TOMO SUNAMOTO
A 10.00 FOOT WIDE STRIP OF LAND FOR ROAD RIGHT -OF -WAY BEING A
PORTION OF THAT TRACT IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN AND IN LOT 8, ASH VALLEY TRACT, A PLAT OF RECORD IN
SECTION 33, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
DEEDED TO ROBERT H. SUNAMOTO AND TOMO SUNAMOTO, BY THAT
DEED RECORDED IN BOOK 303, PAGE 27, WASHINGTON COUNTY, OREGON,
DEED RECORDS, SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE 1/4 CORNER BETWEEN SAID SECTIONS 33 AND 4,
THENCE, 5 88 10' 23" E, 20.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, PARALLEL WITH THE CENTERLINE OF S.W. 135TH AVENUE (C.R.
NO. 934), N 01 34' 29" E, 79.44 FEET TO THE NORTHERLY MOST SOUTH
LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THAT DEED TO
SUNAMOTO INVESTMENT CO. RECORDED AS DOCUMENT NO. 78036173,
SAID DEED RECORDS; THENCE, ALONG SAID SOUTH LINE, S 88 10' 23" E,
10.00 FEET; THENCE, PARALLEL WITH SAID STREET CENTERLINE, S
01 34' 29" W, 79.44 FEET; THENCE, PARALLEL WITH SAID STREET
CENTERLINE, S 02 14' 27" W, 320.56 FEET TO THE SOUTHERLY MOST
NORTH LINE OF SAID SUNAMOTO INVESTMENT CO.TRACT; THENCE,
ALONG SAID NORTH LINE, N 88 10' 23" W, 10.00 FEET TO A POINT THAT IS
20.00 FEET EASTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, SAID
CENTERLINE; THENCE, PARALLEL WITH SAID CENTERLINE, N 02 14' 27" E,
320.56 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.092 ACRES (4,000 SQUARE FEET).
LID /1303
1548- 01 -40 -7
1/21/88 Page 1 of 2
TOGETHER WITH A 75.00 FOOT STRIP OF LAND FOR SLOPE EASEMENT
( PURPOSES, LYING EASTERLY OF AND ABUTTING THE EAST LINE OF THE
ABOVE DESCRIBED RIGHT -OF -WAY STRIP, SAID EASEMENT STRIP BEING
10.00 FEET IN WIDTH IN EAST -WEST DIRECTION. BEGINNING AT THE
SOUTH. LINE OF SAID RIGHT -OF -WAY STRIP; THENCE, ALONG SAID RIGHT -
OF -WAY STRIP, NORTHERLY, 75.00 FEET.
CONTAINING 0.017 ACRES (750 SQUARE FEET).
LID 11303
1 548- 01 -40 -7
1/21/88 Page 2 of 2
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