9781 9781
PERMANENT SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That, We, David Van Oosten and Louise
M. Van Oosten, husband and wife, hereinafter referred to as "Grantors" for
the consideration of the sum of One Hundred Dollars ($100.00), to Grantors
paid and subject to the conditions stipulated, have granted and do hereby
grant to the City of Tigard, Oregon, hereinafter referred to as "Grantee ",
a perpetual right and easement to construct, maintain, repair and have free
access to all slopes of cuts or fills, occasioned by or resulting from the
construction, operation or maintenance of a public street and appurtenances,
upon the following described premises, to wit:
A parcel of that tract of land in Section 2, Township
2 South, Range 1 West, Willamette Meridian, described in that
certain deed to David Van Oosten and Louise M. Van Oosten,
husband and wife, recorded in Book 682, Page 584 of Washington
County, Oregon, record of deeds; the said parcel being that
portion of land lying Northerly of a line running from the most
Easterly corner to a point on the Northwesterly line of said
Van Oosten tract of land; said point being 6 feet Southwesterly
from the most Northerly corner thereof, and also being the
Southerly right -of -way line for that road known as S.W. Walnut
Street.
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 stated in this easement, nor prevent Grantors from
the full use and dominion thereover, provided, however, that such use shall
not be permitted to damage or destroy lateral support to said public street,
but it is understood and agreed that Grantee shall never be required to
remove the dirt or other materials placed by it upon said property, nor
shall Grantee be subject to any damages to Grantors, their heirs and assigns,
by reason thereof, or by reason of the slopes constructed thereon, or by
reason of change of grade of the street abutting on said property.
The conditions of this agreement are such that the Grantor and Grantee
hereby agree to the following additional conditions. Should it be necessary
to cut and remove any brush, trees or other matter or materials from the
easement area, said brush, trees or other material shall be removed and
disposed by the City and shall leave the area in a neat and workmanlike
condition. It is understood that the City will construct a rock wall on
the easement area. The City agrees that in connection with its use of
the easement area in repairing or maintaining said
BOOK 837 PAGE 0 4O
9781
area, the City will leave the premises in a neat and workmanlike
condition.
TO HAVE AND TO HOLD, the said easement unto Grantee, its successors
and assigns forever.
And Grantors do hereby covenant to and with Grantee, that they
are the owners in fee simple of said premises; that they are free from
all encumbrances, and that they will warrant and defend the easement
herein granted from all lawful claims whatsoever.
Witness our hands and seals this �2 s day of
19 7( .
//'• /
/ ' Ai c (SEAL) (SEAL)
04t0-2(SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Date this day of , 19 •
Mortgagee
By
Title
STATE OF OREGON
) ss.
County of
On this ,2 4 day of � ���. , 19 7/ , personally
appeared the above named /Zvi /
,em u,, 7 / (:-e-f s 4--
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
otary Public for Oregon
h' > '° 1.4 My Commission expires:
.sssi
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Easement - •
BOOK 837 PAGE 741
ACCEPTANCE .
The City above named hereby accepts the foregoing grants and
agrees to comply with each and every term and condition thereof.
CITY OF GARD
By: A. i,r4iie' . 110 .-
Ma •• .
• BY: / //: -/ CL- C ; ' ,4_.-iiz
Recorder
i
:; •
STATE OF OREGON )
) 88.
County of Washington )
1
On this , 7. day of September . , 197 1, before
me appeared PariA1 L_ Li-sen and Dn is Narti7 •
both to me personally known who, being duly sworn, did say that he, the
said Daniel L Larse.m -- is the Mayor, and she, the said
Ilozic Harti is the Recorder of the CITY OF TIGARD, a
municipal corporation, and the said
1... and De.i u Ytig
acknowledged the said instrument to be the free act and deed
p
of and
municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year in this my certi -cats first written.
s Notary Public for •Oregon -�', . ,(f `'M's,,
r >'. ; r_ . °
My Commission expires °r °°
. ,, ........
•
T,
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STATE OF OREGON t
f , 1 ss
. County of Washington
r t I I
I, Roger srr ' or of Records
c'r I and Electio . c.Eiw�Of 4431 der of Con-
L '�S i= '-- � ? veyances 4 r ea�ai`d1 y:,,,db by certify
� eount � ' tin was
that th- � r rt�iin� inst�um 9
nrb silk ! _' t t ords
received ,� re •o�i1e�T b'� �\ �•y
of said Cc nt r i�,,7 : i 1
Witness yhat nd sea Y .o f i
' ,,GER,m ejSS € irector of
` R�cA�ds COU " &—Eleettionsd'
?,.. P
Deputy
On-41144A
Page 3
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CITY OF TIGARD
, i P.O. Box 23557
) '�'r 12420 S.W. Main
• ,•0 Tigard, Oregon 97223
1 •