2000-045896 RETURN RECORDED DOCUMENT'"': -
N CITY HALL RECORDS DEPARTM S 1 OF OREGON
i CITY OF TIGARD SS
13125 SW Hall Blvd. C of Washington
Tigard, OR 97223 I, Jer F3 f� of Assess -
\�? ry , ?s►�brre
ment and/ 6 icio County
Clerk for that
the with irtarlt)ulaet�t ` fii rftig yra
and ree` . o ''of' orbs, °.00f said
county.lj �g� � 1 ����.�� � a�� � `_�� x � ;,� a,
INDIVIDUAL it' ;. ; = r:;�°,a : , ;ter / 1 .�� { t � i
:J erry R I ta ` , - 15i rector of
tivissesstr► Taxation, Ex-
File No. Officlp County'`Clerk
Doc : 2000045896
SLOPE EASEMENT Rect: 256464 32.00
06/12/2000 11:27:44am
Space above reserved for Washington (.'ounh' Recording in /ormation
KNOW ALL MEN BY THESE PRESENT, that Ronald V. and Catherine L. Murphy hereinafter referred to as
Grantor, in consideration of the sum of SEVEN HUNDRED FIFTY and No /100 Dollars ($750.00) paid by the City
of Tigard, a municipal corporation and political subdivision of the State of Oregon hereinafter referred to as Grantee,
its successors and assigns, conveys a perpetual easement and right -of -way over the following described land, for the
purpose of constructing, reconstructing, maintaining, repairing, and using the same for a slope to support or help to
support the street or sidewalk construction on the real property located in the County of Washington, State of Oregon.
Said land is more particularly described as follows:
See Exhibits "A" and "B" attached and made part of this document by reference
The Grantee and its assigns or its agents shall have the right at any time hereafter to enter upon the above- described
real property for the purpose, hereinabove mentioned. In connection therewith Grantee may remove any trees, shrubs,
brush, paving or other materials which it finds necessary or convenient to accomplish said purpose.
The Grantors, their heirs, successors, assigns or representatives shall not construct or maintain any building or other
structure upon the above described real property prior to receiving written approval by the City Engineer or his /her
designee. The Grantors, their heirs, successors, assigns or representatives shall not in any way alter the configuration
of the material forming the slope, including alteration by addition or removal of material, without prior written
approval of the City Engineer or his /her designee.
This instrument does not grant nor convey to the Grantee any right of title to the surface of the soil except for the
purpose of constructing, inspecting, maintaining, and replacing the slope as above stated.
IN WITNESS WHEREOF, I hereunto set my hand on this Colo day of t U.Y'v€ . 2000.
Ronald V. Murphy Catherine L. Murphy
12915 SW Walnut Street 12915 SW Walnut Street
Tax Statement Mailing Address Mailing Address
Tigard, OR 97223 Tigard, OR 97223
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on (.o 6/60 (date) by Ronald V. and Catherine L. Murphy.
1 Q
/
( ��:4 OFFICIAL SEAL 1
� NOTARY PU R DAVID BLIC FEI N
Notary's Signature
= + i }
1 L. COMMISSION NO. 324338 (
MY COMMISSION EXPIRES JUN 14, 2003 My Commission Expires: 61/i//
Accepted on behalf of the City of Tigard this 8 day of 4 L' H 4- . 2000.
a. p „
City En 4i leer
SLOPE EASEMENT / 00 -082 - Page 1 1 �.• 3
s EXHIBIT "A"
Slope Easement
TL 2S 104AD -02700
A tract of land in Southeast one- quarter of the Northeast one- quarter of Section 4, Township
2 South, Range I West, of the Willamette Meridian, in the City of Tigard, Washington
County, Oregon, being more particularly described as follows:
Commencing at a 5/8" iron rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plat of "Morning Hill No. 8" recorded in Plat Book No. 79, Page 38, Plat Records of
Washington County, Oregon; thence South 8T00'43" East along the centerline of SW
Walnut Street, 649.58 feet; thence North 02'21'26" East, 20.00 feet to the Southwest corner
of that tract of land described in Document Number 89005725, Washington County Deed
Records, recorded February 8, 1989; thence continuing North 02'21'26" East along the West
line of said tract, 15.00 feet to the Point of Beginning of the tract of land being described
herein; thence continuing North 02'21'26" East along the West line of said tract, 5.7lfeet;
thence South 60'34'26" East, 12.83 feet; thence South 8T00'43" East, parallel to the South
line of said tract, 162.59 feet to the East line of said tract; thence South 02'21'26" West
along said East line, 5.00 feet; thence North 8T00'43" West, parallel to the South line of
said tract, 164.01 feet to the point of curvature of a non - tangent curve to the right; thence
along said non - tangent curve, the radius bears North 18'15'42" East, through a central angle
of 22' 19'43 ", having a radius of 29.00 feet, length of 11.30 feet and a chord which bears
• North 60'34'26" West, 11.23 feet to the Point of Beginning, containing 882 square feet,
more or less.
•
SLOPE EASEMENT / 00 -082 - Page 2
EXIIIRITi "B'''
EXHIBIT TO
ACCOMPANY DESCRIPTION
NE 1/4 SECT /ON 4, TOWNSHIP 2 SOUTH,
RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
Preporsd by:
DEHAAS & ASSOC:., ma
SUITE 300 — A. G. c. CENTER
9450 S.W. COMMERCE CIRCLE
WJLSONVILLE, OREGON 97070
PHONE• (503) 682 -2450
Prepared for.
CITY OF TIGARD
X4LE 1-.TO'
DOCUMENT NO. 89005725
(TL 2S104AD 02700)
W W
T h S 60'34'26" E RAY ACOU/S /T/ON
11 tki
14 42' to
o S 60°34'26" E 5' CONSTRUCTION N
12.83' EASEMENT o
I SLOPE
5.71' EASEMENT h
5.71 ' S 87.00'4.x" E 161.17'
3 S 88"04'4 E 762.59' 5.00'
' o 3'" S 87°00' E 164.01' 500'
N 87 W 174.01' 10.00'
L = 22°19'4f
o R = 29.00'
N L = 11.30' •
CH = S 60•.34'26" E 11 N
649.58 ` " ____ -- _ . _ S e ' £ 28245' -
I
______... _.
Fd. 5/8" I.R. with Aluminum Cop marked S WALNU ST ET
" ALPHA ENG. INC. " in Monument Box
MORN /NG HILL NO. 8
SLOPE EASEMENT / 00 -082 - Page 3 3
"w
=—Fidelity National Title
2��l���_���,� �/
INSURANCE COMPANY JAN 2 2 2001
City ofTigard Date: January 19, 2001
Attn: Vannie Nguyen Order No.: D1-11O83B-28
13125 5VV Hall Blvd.
Tigard, OR 97223
We appreciate the opportunity Ofbeing ofservice toyou.
Fidelity National Title Company of Oregon
401 SVVFourth Avenue w Portland, OR 97204
(5O3) 223'8338
Owner's Policy of Title Insurance
Fidelity National title Insurance Company Policy Number
A Stock Company
27-31-92- 15 31 1 8
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITYNATIONAL TITLE INSURANCE COMPANY, a
California corporation, herein called the Company, insures,as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of:
L Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
The Compain, will also pay the costs, attornevs'fees and expenses incurred in defense of the title, as insured, but only to
the extent provided in the Conditions and Stipulations.
IN R7TNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE CO.WPAN}'has caused this policy to be signed and
sealed by its duly authorized officers as of Date of Policy, shown in Schedule A.
Fidelity Nationai Title Insurance Company
Eiy
`or��FtPOR�I�s'y�
z f
SEAL t AF f Presdenr
I � r
Secretary
Countersigned` C`
Authorized Sig tore
ALTA Owner's Policy (10-17-92)
FNTIC Form No. 27-031-92 (1-4-93)
6. OPTIONS TO PAY OR OTHERWISE SETTLbUW ►IMS;TERMINATION 11. LIABILITY NONCL, _ATIVE
OF LIABILITY It is expressly understood-mat the amount of insurance under this policy shall
In case of a claim under this policy,the Company shall have the following addi- be reduced by any amount the Company may pay under any policy insuring a mor-
tional options: tgage to which exception is taken in Schedule B or to which the insured has agreed,
(a) To Pay or Tender Payment of the Amount of Insurance. assumed,or taken subject,or which is hereafter executed by an insured and which
To pay or tender payment of the amount of insurance under this policy together is a charge or lien on the estate or interest described or referred to in Schedule
with any costs,attorneys'fees and expenses incurred by the insured claimant,which
insured owner.
and the amount so paid shall be deemed a payment under this policy to the
were authorized by the Company,up to the time of payment or tender of payment n
and which the Company is obligated to pay. 12. PAYMENT OF LOSS
Upon the exercise by the Company of this option, all liability and obligations (a)No payment shall be made without producing this policy for endorsement of
to the insured under this policy, other than to make the payment required, shall the payment unless the policy has been lost or destroyed, in which case proof of
terminate, including any liability or obligation to defend, prosecute, or continue loss or destruction shall be furnished to the satisfaction of the Company.
any litigation,and the policy shall be surrendered to the Company for cancellation. (b)When liability and the extent of loss or damage has been definitely fixed in
(b) To Pay or Otherwise Settle With Parties Other than the Insured accordance with these Conditions and Stipulations,the loss or damage shall be payable
within 30 days thereafter.
Or With the Insured Claimant. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(i)to pay or otherwise settle with other parties for or in the name of an insured (a) The Company's Right of Subrogation.
claimant any claim insured against under this policy, together with any costs, at- Whenever the Company shall have settled and paid a claim under this policy,
torneys'fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated all right of subrogation shall vest in the Company unaffected by any act of the in-
to pay; or sured claimant.
(ii)to pay or otherwise settle with the insured claimant the loss or damage pro- The Company shall be subrogated to and be entitled to all rights and remedies
vided for under this policy, together with any costs, attorneys' fees and which the insured claimant would have had against any person or property in respect
expenses incurred by the insured claimant which were authorized by the Company to the claim had this policy not been issued. If requested by the Company, the in-
up to the time of payment and which the Company is obligated to pay. sured claimant shall transfer to the Company all rights and remedies against any
Upon the exercise by the Company of either of the options provided for in paragraphs person or property necessary in order to perfect this right of subrogation. The in-
(b)(i) or (ii), the Company's obligations to the insured under this policy for the sured claimant shall permit the Company to sue,compromise or settle in the name
claimed loss or damage, other than the payments required to be made, shall ter- of the insured claimant and to use the name of the insured claimant in any transac-
minate, including any liability or obligation to defend, prosecute or continue any tion or litigation involving these rights or remedies.
litigation. If a payment on account of a claim does not fully cover the loss of the insured
claimant,the Company shall be subrogated to these rights and remedies in the pro-
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE portion which the Company's payment bears to the whole amount of the loss.
This policy is a contract of indemnity against actual monetary loss or damage If loss should result from any act of the insured claimant, as stated above, that
sustained or incurred by the insured claimant who has suffered loss or damage by act shall not void this policy, but the Company, in that event, shall be required
reason of matters insured against by this policy and only to the extent herein described. to pay only that part of any losses insured against by this policy which shall exceed
(a)The liability of the Company under this policy shall not exceed the least of: the amount,if any,lost to the Company by reason of the impairment by the insured
(i) the Amount of Insurance stated in Schedule A; or, claimant of the Company's right of subrogation.
(ii)the difference between the value of the insured estate or interest as insured (b) The Company's Rights Against Non-insured Obligors.
and the value of the insured estate or interest subject to the defect,lien or encum- The Company's right of subrogation against non-insured obligors shall exist and
brance insured against by this policy. shall include,without limitation,the rights of the insured to indemnities,guaranties,
(b) In the event the Amount of Insurance stated in Schedule A at the Date of other policies of insurance or bonds, notwithstanding any terms or conditions con-
Policy is less than 80 percent of the value of the insured estate or interest or the tained in those instruments which provide for subrogation rights by reason of this
full consideration paid for the estate or interest,whichever is less,or if subsequent policy.
to the Date of Policy an improvement is erected on the land which increases the 14. ARBITRATION
value of the insured estate or interest by at least 20 percent over the Amount of s Unless prohibited by applicable law,either the Company or the insured may de-
Insurance stated iSchedule A, then this Policy is subject to the following:t mand arbitration pursuant to the Title Insurance Arbitration Rules of the American
(i) where no subsequent improvement has been made, as tany partial loss, Arbitration Association.Arbitrable matters may include,but are not limited to,any
the Company shall only pay the loss pro rata in the proportion that the amount controversy or claim between the Company and the insured arising out of or relating
insurance at Date of Policy bears to the total value of the estate or interest at Datteo to this policy, any service of the Company in connection with its issuance or the
of Policy; breach of a policy provision or other obligation. All arbitrable matters when the
(ii) wheerr e a subsequent improvement has been made, as to any partial loss, Amount of Insurance is$1,000,000 or less shall be arbitrated at the option of either
the Company shall only pay the loss pro rata in the proportion that 120 percent the Company or the insured. All arbitrable matters when the Amount of Insurance
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Com-
of Insurance stated in Schedule A and the amount expended for the improvement. pany and the insured. Arbitration pursuant to this policy and under the Rules in
The provisions of this paragraph shall not apply to costs,attorneys' fees and ex- effect on the date the demand for arbitration is made or,at the option of the insured,
tenses for which the Company iliable under this policy, and shall only apply to the Rules in effect at Date of Policy shall be binding upon the parties. The award
that portion of any loss which exceeds,
eeds, in the aggregate, 10 percent of the Amount
of Insurance stated in Schedule A. may include attorneys'fees only if the laws of the state in which the land is located(c)The Company will pay only those costs,attorneys'fees and expenses incurred permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s)may be entered in any court having jurisdiction
in accordance with Section 4 of these Conditions and Stipulations. thereof.
8. APPORTIONMENT The law of the situs of the land shall apply to an arbitration under the Title In-
If the land described in Schedule A consists of two or more parcels which are surance Arbitration Rules.
not used as a single site,and a loss is established affecting one or more of the parcels A copy of the Rules may be obtained from the Company upon request.
but not all,the loss shall be computed and settled on a pro rata basis as if the amount 15. LIABILITY LIMITED TO THIS POLICY POLICY ENTIRE CONTRACT
of insurance under this policy was divided pro rata as the value Date Policy (a)This policy together with all endorsements,if any,attached hereto by the Com-
of each separate parcel to the whole, exclusive anyy improvements
ts madea subse- pany is the entire policy and contract between the insured and the Company. In
as to each parcel by the Company and the insured at the time of the issuance of
quem to Date Policy,unless a liability or valuea has otherwise been agreed upon interpreting any provision of this policy,this policy shall be construed as a whole.
this policy and shown by an express statement or by an endorsement attached to (b)Any claim of loss or damage,whether or not based on negligence,and which
this policy. arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
9. LIMITATION OF LIABILITY (c) No amendment of or endorsement to this policy can be made except by a
(a) If the Company establishes the title, or removes the alleged defect, lien or writing endorsed hereon or attached hereto signed by either the President, a Vice
encumbrance, or cures the lack of a right of access to or from the land, or cures President,the Secretary,an Assistant Secretary,or validating officer or authorized
the claim of unmarketability of title or otherwise establishes the lien of the insured signatory of the Company.
mortgage,all as insured,in a reasonably diligent manner by any method,including
litigation and the completion of any appeals therefrom,it shall have fully performed 16. SEVERABILITY
its obligations with respect to that matter and shall not be liable for any loss or In the event any provision of the policy is held invalid or unenforceable under
damage caused thereby. applicable law,the policy shall be deemed not to include that provision and all other
(b) In the event of any litigation, including litigation by the Company or with provisions shall remain in full force and effect.
the Company's consent, the Company shall have no liability for loss or damage 17. NOTICES, WHERE SENT
until there has been a final determination by a court of competent jurisdiction,and All notices required to be given the Company and any statement in writing re-
disposition of all appeals therefrom, adverse to the title as insured. quired to be furnished the Company shall include the number of this policy and
(c)The Company shall not be liable for loss or damage to any insured for liability shall be addressed to the Company at:
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company. Fidelity National Title Insurance Company
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF National Claims Administration:
LIABILITY 17911 Von Karman Avenue,Suite 300
All payments under this policy,except payments made for costs,attorneys'fees Irvine,CA 92614-6253
and expenses, shall reduce the amount of the insurance pro tanto.
*AWW
SCHEDULE A
Order No.: 01-110838-28 Policy No.: 27+031'92 153118
Amount of Insurance: $ O'234.O0
Premium Amount: $ 200.00
Date ofPolicy: June 12, 2OU0ut11:28a.mm.
1. Name of Insured:
City of Tigard, a municipal corporation and political subdivision of the State of Oregon
2. The estate or interest in the !and described herein and which is covered by this policy is:
An Easement
3. Title to the estate or interest in the land is vested in:
Ronald V. Murphy and Catherine L. Murphy, aatenants bythe entirety
4. The land referred to in this policy is situated in the County of Washington, State of Oregon, and
iodescribed eofollows:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B |SATTACHED paoe 1
,
Owner's Standard Order No.: 01-110839-23
Policy No.: 27-031-92 153118
EXHIBIT "ONE"
A perpetual easement and right-of-way over the following described land, for the purpose of
constructing, reconstructing, maintaining, repairing and using the same for a slope to support or help
to support the street or sidewalk construction on the real property located in the County of Washington,
State nfOregon, described as follows:
A tract of land in Southeast one-quarter of the Northeast one-quarter of Section 4' Township 2 South'
Range 1 West of the Willamette Meridian, in the City of Tigard' Washington County, Oregon, being
more particularly described as follows:
Commencing at a 5/8~ iron rod with aluminum cap in a monument box marking the centerline
intersections of8VV Walnut Street and 8VV 132ndAvenue aamununnentod in the Plat of "Morning Hill
No. 8^ recorded in Plat Bunk No. 79, Page 38, P|o1 Records nfWashington County' Oregon; thence
South 87» OO' 43^ East along the centerline of8VVWalnut Street, 849.5Ofeet; thence North 02» 21'
26" East, 20.00 feet to the Southwest corner of that tract of land described in Document Number
89005725. Washington County Deed Records, recorded February 8, 1S89; thence continuing North
821 21' 26^ East along the West line assaid tract, 15.O0feet tothe Point of Beginning ofthe tract
of land being described herein; thence continuing North 021 21' 26" East along the West line of said
tract, 5.71 feet; thence South 001 34' 26^ East' 12.83feet; thence South 871 OO' 43" East, parallel
to the South line of said tract, 182.59 feet to the East line of said tract; thence South 021 21' 26^
West along said East line, 5.00 feet; thence North 87m OO' 43^ VVemt' parallel to the South line of said
tract, 164.01 feet to the point of curvature of a non-tangent curve to the right; thence along said
non-tangent curve, the radius bears North 18 15' 42" East, through auent/m| angle of 22» 19' 43"'
having a radius of 29.00 feet, length of 1 1.3O foot and m chord which bears North 001 34' 28^ VVeot,
11.23 feet to the point of beginning.
Pame7
. .
Ovvnmr~o Standard Order No.: 01'110838'28
Policy No.: 27-031-92 153118
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or oxpanoou> which arise by reason ofthe following:
GENERAL EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records,
proceedings by a public agency which may result intaxes or oaseomrnmnta' or notices of
such proceedings whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests oiclaims which are not shown bythe public records but which
could be ascertained byaninspection nfsaid /and or by making inquiry ofpersons in
possession.
3. Easements, orclaims ufeasements orencumbrances, not shown by the public records,
reservations orexceptions in patents orin acts authorizing the issuance thereof, water
rights, claims ortitle to water.
4. Discrepancies, conflicts inboundary lines, shortage in area, encroachments orany other
facts which a correct survey would disclose.
5. Any statutory liens for labor or material, including liens for contributions due tothe State
of Oregon for unemployment compensation and for worker's compensation, which have
now gained or may gain priority over the lien of the insured deed of trust, which liens do
not now appear ofrecord.
SPECIFIC ITEMS AND EXCEPTIONS:
6. Maintenance Agreement, including the terms and provisions thereof,
Fon 5Ofoot wide roadway
Recorded: February 24, 1986' auRecorder's Fee No. 88008095
Paqa3
' .
Iwo,
Owner's Standard Order No.: 01'110838'28
Policy No.: 27-O31'92153118
7. A deed of trust to secure an indebtedness in the amount shown bmwvv' and any other
obligations secured thereby
Amount: $85,00000
Dated: September 24' 1993
Grantor: Ronald V. Murphy and Catherine L. Murphy, husband and wife
Trustee: Oregon Title Insurance Company
Beneficiary: Medallion Mortgage Company, a California corporation
Loan No.: 158243
Recorded: September 29, 1983, Recorder's No. 83079946
Affects: This and additional property
The beneficial interest thereunder has been assigned, by nneone assignments, to:
Assignee: GMAC Mortgage Corporation, a Pennsylvania corporation
Recorded: March 29, 1999, Reoo/de/'mNo. 89037199
The loan number for GMAC |e3O81S3054
8. Eamemuent(m) for the purpoae(o) shown ba|ovv and rights incidental thereto as granted in a
document.
Granted to: City of Tigard, a municipal corporation and political subdivision of
the State of Oregon
Purpose: Slope
Recorded: June 12' 2000' Recorder's No. 2000045895
Paqa4
.
Fidelity Nm+«onal Title
UNSUB&NCBCoMIY1NY
Right-of-Way Associates, Inc. [)ate: January 19, 2001
Attn: Catherine Boles Order No.: O1'1 10839-28
1O180SVVLaurel Street
Beaverton, OR 97005
We appreciate the opportunity of being ofservice tO you.
Fidelity National Title Company ofOregon
401 S\NFourth Avenue * Portland, OR 87204
(5O3) 223-8338
EXHIBIT TO
A WEA NY t3ESQJWp7"W
NE 1/4 SECTION 4, rOWNSHIP 2 SOUTH,
RAACC 1 WAST, WILLAMETTE M£RIDAW,
CI7Y OF WARD, WASHINGTON COUNM OREGON
7'Ir"nd Ay:
PAWAAS A AAa,04LO% NYC
sura'JW - A dt�
04M SW COAAI*RfE C*TC[E
W-WN " ORE N. 07077
PMS• (40) SM 2450
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DOCUMENT M2 89005725
(71 ZS1~ 02700)
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1 571` LOPF
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f 4 "' 29.00',
jj
CHS 6d'.34Tr£ It 25'
—_....,.. — f-- _ ,.+s"�c sexes•
8W WA Z:A7UT 3Tq�ET
Fd Me I.R. W11h Aluminum Cop 1"01*ed
ALPM t71A;. hW" in Alonumenf Box
AAaIPN/W HILL AV. 8
St ARE 100-M-page 3