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92-039876 ~ 135th Avenue TICOR TITLE U INDIVIDUAL, INSURANCE File No. '1' o `' Tax Maw Lot No. After recording return to: City Recorder - City of Tigard 82039876 13125 S.W. Hall Blvd. Washington County Tigard, OR 97223 DEED AND EASEMENT WARRANTY DEED - STATUTORY FORM ROAD RIGHT-OF-WAY George C. Scott and Donna M. Scott. as tenants by the entirety, Grantors, convey, warrant, and dedicate to the City of Tigard, Grantee, for the purposes of road and utility improvements and public road right-of-way, the following described real property free of encumbrances except as specifically set forth herein, situated in Washington County, Oregon, to-wit: See Parcels I and II described in Exhibit "A" attached hereto and by this reference incorporated herein. The said property is free from all encumbrances except: 1. Any liens imposed by the City of Tigard. 2. Any easements of or liens imposed by the Unified Sewerage Agency of Washington County, a municipal corporation. 3. Rights of the public in and to that portion of the above-described property lying within streets, roads and highways. The true consideration for this conveyance is $ 7.200.00, which, together with other value given, is the whole consideration. DATED this 1 day of June , 19 92 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE -J PROPERTY SHOULD CHECK WITH T E APPROP TE CITY OR COUNTY PLANNING `N, DEPARTMENT TO VERIFY APPROVED , 'ES. E ( / A,/,‘-' GrOR ' C. SC % /r, DONNA M. SCOTT 11640 S .W. 135th Ave. Address Tigard, OR 97223 City State Zip Code STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on June' 1.,0 , 1992 hv GEORGE C. SCOTT and DONNA M. SCOTT. Ccj Notary Public's Signature My Commission Expires: 12-6-94 ed on behalf°ilk City of Tigard this of 44f/if , 19 Z MY COMMISS:cL k_�� I e1 City Engineer File No. Tax Map & Lot No. EASEMENT PERMANENT SLOPE KNOWN ALL MEN BY THESE PRESENTS THAT George C. Scott and Donna M. Scott, as tenants by the entirety, hereinafter called Grantors, grant and convey unto the City of Tigard, Grantee, 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: See Easements I and II described in Exhibit "A" attached hereto and by this reference incorporated herein IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any rights, title or interest to the surface of the soil, nor any other rights except those expressly granted. Nothing herein contained grants to Grantee the right to excavate beneath existing buildings or deposit fill materials against existing buildings above the top of the foundations thereof, 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 at the street or highway abutting said property. In any case, Grantors shall not use, or suffer the use of, the easement property described above in any way that would damage or destroy the lateral support to the adjacent highway, or otherwise interfere with the easement for the purposes described above. IN CONSIDERATION of the premises, Grantee agrees that if Grantee, its successors or assigns should cause said road to be vacated, the rights of Grantee in the above-described easement shall be forfeited and shall immediately revert to Grantors, their successors and assigns. Grantors do hereby covenant to and with Grantee that they are the owners in fee simple of said premises; that the above-described property is free from all encumbrances, except as described below, and that they will warrant and defend the same from all lawful claims whatsoever. Page 1 - EASEMENT ^� "1 Ex,i 8 rT #4 CITY OF TIGARD ( S.W. 135TH AVENUE RIGHT-OF-WAY ACQUISITION LANDS OF GEORGE AND DONNA SCOTT PARCEL I: THE WESTERLY 10.00 FEET OF A PARCEL OF LAND IN LOT 6, ASH VALLEY TRACTS, ,A PLAT OF RECORD, IN THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, DEEDED TO GEORGE O. AND DONNA M. SCOTT, BY THAT DEED RECORDED IN DOCUMENT NO. 80040718 OF WASHINGTON COUNTY, OREGON DEED RECORDS, SAID WESTERLY 10.00 FEET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL, WHICH POINT IS 20.00 FEET EASTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, THE CENTERLINE OF 5.W. 135TH AVENUE (C.R. NO. 934); THENCE, PARALLEL WITH SAID CENTERLINE, N 01° 34' 29" E, 35.00 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE, ALONG SAID NORTH LINE, S 88° 45' 31" E, 10.00 FEET; THENCE, PARALLEL WITH SAID CENTERLINE, S 01° 34' 29" W, 35.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID PARCEL; THENCE, ALONG SAID SOUTH LINE, N 88° 45' 31" W, 10.00 FEET, TO THE POINT OF BEGINNING. r CONTAINING 0.008 ACRES (350 SQUARE FEET). EASEMENT I TOGETHER WITH A 5.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT PURPOSES, LYING EASTERLY OF AND ABUTTING THE EAST LINE OF THE ABOVE DESCRIBED WESTERLY 10.00 FEET OF A PARCEL. EXHIBIT CONTAINING 0.004 ACRES (175 SQUARE FEET). Page of `i Pages 3 • .• L Y `nom' 40000 • W SolN M 0 6 '10.00 S88°45'31"E 01 o r:::41 to'5.00 SLOPE EASEMENT Q 20 \ lo.00 N 8845131"W tO TAX LOT 300 ISI 33DC t DOCUMENT NO. 80040718 (J .. • • Robert EN\%yerConsultants,1nc SW 135TH AVENUE � • `"''"" '"""""''""'"" EXHIBIT_ RIGHT-OF-WAY ACQUISITION .11011 SA% a•.. . . .....MO,,or..M WOO. Page of "''"" H Pages Lands of George 0. & Donna M. Scott Seal. r I" = 50' Det• JAN 12,1988• Drawn :By KDB Job No. 1548-OI CITY OF TIGARD S.W. 135TH AVENUE RIGHT-OF-WAY ACQUISITION LANDS OF GEORGE AND DONNA SCOTT PARCEL II: THE WESTERLY 10.00 FEET OF A PARCEL OF LAND IN LOT 6, ASH VALLEY TRACTS, A PLAT OF RECORD, IN THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, DEEDED TO GEORGE O. AND DONNA M. SCOTT, BY THAT DEED RECORDED IN DOCUMENT NO. 80040719 OF WASHINGTON COUNTY, OREGON DEED RECORDS, SAID WESTERLY 10.00 FEET BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID PARCEL, WHICH POINT IS 20.00 FEET EASTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, THE CENTERLINE OF S.W. 135TH AVENUE (C.R. NO. 934); THENCE, PARALLEL WITH SAID CENTERLINE, N 01° 34' 29" E, 165.00 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL; THENCE, ALONG SAID NORTH LINE, S 88° 45' 31" E, 10.00 FEET; THENCE, PARALLEL WITH SAID CENTERLINE, S 01° 34' 29" W, 165.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID PARCEL; THENCE, ALONG SAID SOUTH LINE, N 88° 45' 31'14, 10.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.038 ACRES (1,650 SQUARE FEET). EASEMENT II TOGETHER WITH A 5.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT PURPOSES, LYING EASTERLY OF AND ABUTTING THE EAST LINE OF THE ( ABOVE DESCRIBED WESTERLY 10.00 FEET OF A PARCEL. EXHIBIT A Pae 3 of CONTAINING 0.019 ACRES (825 SQUARE FEET). II Pages 5 om • 11.1 10.00 �' / S 88° 45'3I" E z 20' I ' i `1 10 TAX LOT 400 ISI 33DC DOCUMENT NO. 80040719 (j o 0 o o . w to 6 • = I SLOPE EASEMENT �-• H- 5.00 LO M � i N 88645'31"W 1 -Io.00 • • Robert E Meyer Consultants,Inc SW 135TH AVENUE (, `^""-"°•'''""""s4—**!' EXHIBIT._ RIGHT-OF-WAY ACQUISITION a....,.,,o...., .►� Page of y Pages Lands of George 0. a Donna M. Scott Scale :. 1 "=50' Data : JAN 12,1988 brawn By •KDB Job No. 1548-01 The property described above is free from all encumbrances, except: 1. Any liens imposed by the City of Tigard; 2. Any easements of or liens imposed by the Unified Sewerage Agency of Washington County, a municipal corporation; 3 . Rights of the public in and to that portion of the above-described property lying within streets, roads and highways. IN WITNESS WHEREOF, Grantors hereunto set their hands on this 10 day of June , 1992. 2 j JG/C(4F O xlAy-7,e_14e.v :)-, ed-e.W---- DONNA M. SCOTT 11640 S .W. 135th Ave. Address Tigard, OR 97223 City State Zip Code STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on June 10 , 1992 by GEORGE C. SCOTT and DONNA M. SCOTT. G tlCIr`oL` L ) Ea UT;EL.L.Lk.„. ., , %,„.........",,...,,, --..._,,..,.......k...) (C-r 4 ..{...-- CC „r!c aF r �;: <;. Notary Public's Signature My Commission Expires: 12-6-94 Accepted on behalf of the City of Tigard this f/4 of June , 1992 . ,,,Z__‘..e(e City Engineer STATE OF OREGON SS NO CHANGE IN TAX STATEMENTS County of Washington I,Jerry R.Hanson, actor of Assessment and Taxation and EX-Officio Recorder of Con- Page 2 - EASEMENT veyances for said county, do hereby certify that the within instrument of Writing was 7 received and recorded in book of records of / said county. ,JerryAssessment;R. Hanson,axation,director Ex- of Officio County Clerk 4.4.. ...IA', ._ .....a 0' jw 1") 1,0 i94lb Rrwt ; /w4i i.. ,b3 . 00