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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/' / ,I - lo.00 _ _ _ — — • r:_ id S 88°10 1 - 1 d- 20 1 to crI C l c' 3 3 � 4 - ' —20.00 S 88 ° 23 E i I I I TAX LOT 100 2S I 4AB BOOK 303 PAGE 27 w • r-- N 0 0 I I Z co tD Ul O O l N N 1 20' Q • _ -.,, 10 I I ' 10.00 I o � U) N 88°10 _ _ —, 10.00 Robert F. N\eyer Consu1tants.Inc SW 13 5TH AVENUE ` &4"""" ' "" "" Su°" RIGHT -OF -WAY ACQUISITION t / � 6k \ '�� 4003 $.V'( GIi I tit,' O■■■• .k8} So....lc.,O,.w. 9'°m (50.71 0+3.1571 Lands of Robert H - &Tomo Sunamoto � 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' b y'�.. no r A •, Doc : 89026493 Rect: 11739 26.00 06/13/1989 10:33:39AM . • q /A 1 pJ 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 3