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87-055036 w . .2.7Iti "IDUAL- GENERAL PARTNE IP 8 7 0 5 5 0 3 6 ` ry -4... , t PERMANENT SLOPE EASEMENT ` 3 KNOW ALL MEN BY THESE PRESENTS THAT JOHN W. SETNIKER AND BARBARA A. SETNIKER hereinafter called the Grantors, in consideration of the sum of $ 1.00 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 Exhibit A & Exhibit B hereto attached. 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, h: . h have) hereunto his (her) (their) hand(s) and seal(s) this ./ - d :y of , 19 �. / Q > (SEAL) d. �2 (SEAL) _ v ii ' / - � ' -.0" _01- / (SEAL) (SEAL) STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON) /V9I 7-----1/ // , 19r _Personally appeared efore me the above named • :'' /M! -( - e,)° eic,,s ig Al ,r7f,' Z /� >67 it whe'execu edd,, instrument and each of them acknowledged to me that this instrument -r• ",0a�g�'eATICILOG Okiroluntarily and freely. .f Alsg R SEL L), ,. `, � ® No ary Public fo Oregon `I �,r•.�'pf � a co .. ` x .� : ,o 4, , ' My Commission expires: e /aL - ?P °P �/i vvvevvvov� !� d• . yi _ 11 : ( ea � , ® y. d,. y o f r . Approved as to legal description this ZZ� day of 4GYDAd , 19 g37 . By: l/' 4_i' y . ••: - City of Tigard DeVeilopinew7 42 p^- Accepted by the City Council this 2' day of C.) e'vt , 19 0 . - a4 ,.,..n,,H, f bt tie ykev., f bee -i' (3-1 N H - , CITY OF TIGARD, OREGON W vpti ✓iGre 1, ���� (5 L , / CITY RECORDED By: —7 CITY OF TIGARD — City of Tigard (1704A) P. O. BOX 21397 - Di 27 -c F)fri TIGARD, OR 97223 /3 - r LEGAL DESCRIPTION A tract of land being a portion of that tract as conveyed to Roland and Mary Ingalls, recorded in Book 270, Page 455, Washington County deed records, situated in the S.W. 1/4, Section 2, T.2S., R.1W., W.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the southeast corner of said Ingalls tract; thence, along the southwesterly line of said Ingalls tract, North 50 °28'48" West, 157.87 feet; thence, North 76 ° 00' East, 93.28 feet; thence, South 14 °15'47" East, 126.94 feet to the point of beginning. Contains 5,920 square feet. Easement Sanitary Sewer, Storm Drain, Fill Slope Tigard East Project No. 273 -01 -85 March 3, 1986 c • . r UD �( ._ i a � iK ,, li i.;, , . : ' . a) a) �GI ` ee � fi:4; b7 L'�`��+►i. Fi �:i Gc aI Q E., O Q N CC In �c -„ ai Q , O C # c s f Z .2 -,-o C) O ^T;?:Y=' CL Z w (T N ... 0 J z o 3 -� J CC ro ,, w Q Id [ :1,69; Z cr v) u1 � Z °° Z .t , ,� W \ cr) o w cr } N N z d o 3 N co Y CD v'I u) Ort Q C) In 2 O N 4-1>,w - p - U1 41 R7 U • d . Ill G MO i+ N wcnHa�. td Q N 6 . / 1 V O � ti • N / Z. Si �/ ` U\ S ■ '48'LSt M ti g-17 , 177 . 04 a 'N 4 ' O 4` p ti I O J _ STATE OF OREGON l 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 instrument' '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 • • 32 1981 NOV -2 P1112; 32 3 •