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88-33890 ~ 135th AvenueAFTER RECORDING RETURN TO City of Tigard City Records Division 13125 SW Hall Blvd Tigard, OR 97223 Washington County, Oregon 2007-130004 -'f2007 02:45:32 PM 1 Cnt=1 Stn=21 RECORDS1 $5U-U0 $5.00 $11.00 - Total = $66.00 11111111111111111111 ? 1111111111 ?1 1111111111111111 01198807200701300040100104 I, Richard Hobernicht, Director of Assessment and Taxation and Ex-Officio County Clerk for Washington ' County, Oregon, do hereby certify that the within °---? instrument of writing was received and recorded in the book of records of said coury? 'fit Richard Hobernicht, Director of Assessment and - ? Taxation, Ex-Officio County Clerk RELINQUISHMENT OF EASEMENT The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon, hereinafter called CITY, hereby releases any and all interest in slope easements, situated in Washington County, Oregon, conveyed to CITY by documents recorded at Documents Nos. 88- 33890, 88-33891 and 89-13779, Washington County, Oregon. Document Nos. 88-33890 and 89-13779 also include dedication of rights-of-way, the entirety of which are not subject to this relinquishment. The property is being regraded as part of development. CITY no longer has a need for the easements described above and in Attachments 1, 2, and 3, attached hereto and incorporated herein by this reference. Dated this day of N)64 A W% 6aw CITY OF TIGARD, OREGON STATE OF OREGON County of Washington 2007. By: 0 --t) P. a-, 10 stin P. Duenas, P.E. City Engineer On November 1, 2007, Agustin P. Duenas, P.E., personally appeared before me, who, being duly sworn, did say that he is the City Engineer of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City and he acknowledged said instrument to be the City voluntary act and deed. ON =NNO4 :COMMISSION AN 242 MY CO28, 2011 NOTARY PUBLI OF OREGON My Commission Expires: 7L2-- e /// is\eng\greg\requests, wroplaints\village summer creek\relinquishment of easement rt.doc m, I CITY OF TIGARD 135TH AVENUE RIGHT-0F-WAY ACQUISI'T'ION LANDS OF DANIEL AND JUDITH DUGGAN A STRIP OF LAND FOR ROAD RIGHT-OF-WAY, BEING A PORTION OF THAT TRACT'OF LAND IN THE NORTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, DEEDED TO DANIEL G. AND 3UDITH A. DUGGAN, BY THAT DEED RECORDED AS DOCUMENT NO. 78057123, WASHINGTON COUNTY, OREGON, DEED RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSt BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT, WHICH POINT IS 20.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, THE CENTERLINE OF S.W. 133TH AVENUE (C.R. NO. 934); THENCE, PARALLEL WITH SAID CENTERLINE, N 01° 381 40'1 E, 201.63 FEET, TO THE NORTH LINE OF SAID TRACT; THENCE, ALONG SAID NORTH LINE, N 85° 33' 50" W, 2.94 FEET TO A POINT OF NON TANGENT CURVATURE, THENCE, SOUTHERLY ALONG THE ARC OF A 630.00 FOOT RADIUS CURVE CONCAVE TO THE EAST (CENTRAL ANGLE: 8° 331 00`; LONG CHORD: S D50 36' 52" W, 94.29 FEET) A DISTANCE OF 94.38 FEET TO A POINT WHICH IS 30.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, SAID CENTERLINE, WHICH POINT ALSO BEARS S 20° 55' 15'- W, 140.85 FEET FROM THE CENTER OF SAID SECTION 33; THENCE, PARALLEL WITH SAID CENTERLINE, S 01° 381 40'- W, 107.28 FEET, TO THE SOUTH LINE OF SAID TRACT; THENCE, ALONG SAID SOUTH LINE, S 850 351 5011 E, 10.01 FEET TO THE POINT OF BEGINNINC. CONTAINING 0.039 ACRES (1,649 SQUARE FEET). TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT PURPOSES, LYING WESTERLY OF THE WEST LINE OF THE ABOVE DESCRIBED STRIP OF LAND FOR ROAD RIGHT-OF-WAY. CONTAINING 0.046 ACRES (2,018 SQUARE FEET). LID Ill 1349-01-40-4 02/03/33 Page 1 of 1 STATE OF OREGON County of Washington SS I, Donald W. Mason, Director of Assessment and .raxelion and Ex-Ollicio Recorder of Con. veyancos for sold county, do hereby conlly that the within Instrument of writing was rocolvod and recorded In book of rermos of Bald county, Donald W. Masan, Diroctor of Assessment and Taxation, Ex. DNICIO Courtly Clark 1988 AUG -•2 PH 3: 26 r? is:.. I? 135th LID D?a *5 ?' ,1CJ IADIYIDUAL-C6NERA1. PARTNERSHIP 89-13779 16 d STREET DEDICATION Wsehlnpton Gountr 0 has (have) hereunto e t his (SEAL) (her) (their) (SEAL) (SEAL) STATE OF OREGON ) . ) se. COUNTY OF WASHINGTON) ,. 19 Personally appeared the above uamed Zek I who executed this instrument and -cath of them e.c!aovlodged to me that this instrument wz; a:aeuted voluntarily and freely. IN TES- 0HY WHEREOF I have hereunto set my h nd and seal Chia day of ca , 19 / L- Notary u 1 f /Or n (NOTARIAL SEAL) Hy Commies on xpiree: '- .Approved as to legal description thin rg,_day of 19? Byt IX I Titles Approved this ?- day of ??, DEPARTMENT OF CO LAITY DEVELOPMENT By: 77 2173A/24t. 4YElmoy DEW Titles WorARY nwlc Y CommMm FxOm AFTER RECORDING, RETURN TO: Kenneth H. Fox, Attorney at Law O'Donnell, Ramis, Elliott & 1727 N.W. Hoyt Street Portland, OR 97209 (503) 222-4402 tyvv 3 . KNOW ALL MEN BY THESE PRESENTS, that Gary R. Ooe do hereby dedicate tote U-M-c a perpetual rig t-o>-ray for street, road an utility purposes on, over, across, under, along and within the following described tool property in Washington County, Oregon: See attached legal description To ha-,Q and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby 'covenants that they are the owner(s) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing an the property. The amount pal r this dedication Is t i IN NITNESS EREDP r the grantor(s) ha e) th ? _ hand(s) and a day of ?t v , 19. ? (SEAL) Attachment 3 r? -INDIVJDUAL-GENERAL PARTNERSHIP Pl'AMk MHT SLOPE EASEMENT 135th LID f5 KNOW ALL HER BY THESE PRESENTS. THAT Gary R Cpe heraicaftat called the Grantors, in consideration of the sum of dollars and other good and valuable consideration by the City of 1lgard, 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 elope, cut or fill, occasioned by the construction, operation and maNtanence of a public road and appurtenances within the following described parcel of laud, ¦ituatod in the City of Tigard, Washington County, State of Oregon, and being more particularly described as followat See attached legal descriptions -- ?v.s'x..vwSxi :+?u..y frw fyr - IT 19 EXPRESSLY UNDERSTOOD that this easement does not Convey any right, title or interest to the surface of the soil, nor any other tights 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 nothity; herpin 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 remuve the dirt or other materials placed by it upon said property, nor shall said City be subject to any damagas to the Grantors, their heirs and asnigno,.by reason thereof, or by reason of the slopes constructad 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 rr.vert to the Grantors, their successors and assigns in the case of any such avant. TO NAPE AND TO HOLD the above-described and grante4 g*e=ice: unto ;aid Grantee, its successors and assigns forever. The Grantors, do hereby covenant to and wit•.t the City of Tigard, that they are tiia owners in fee simple of said premises; that she above deeeribad property is free from all encumbrances, and that they will werrsat and defend the same from all lawful claims whatsoever. ?J IN WITNd W MEOP, the rentar(a) has (have)'' hereunto a t his (her) (their) band( a) ea?•r?r?r?f? l9T nay of : , 19??. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) ) ea,' coD m OF WASHINGTON) 19 Personally appeared before as the above named _ CCfil? eoe- who executed this instrument and each of them acknowledged to me that this instrument was executed voluntarily and freely. IN TESTONY WHEREOF , have hereunto ant my hand nd veal t s day of 19?X y of u lie r ago (NOTARIAL SEAL) Hy CQmmisvioa Ex rest Approved as to legal description this Z ?r day of /? ? 16 _ By l Title t Approved this ;??'- da?of C 19?. DEPARTMENT OF COMMITY DEVELOPMENT Dy: 2173A/24A W6 DODF.N A _U'?" 4i"MOTARY BLiCT??F?Atd • Titlat ,L-' 9?p L?rtcLAee'!'' R17 Qxnails?lort E??ras ;??. > e i.. NIL ??C7 r5 CITY OF TIGARD S.W. 13'TPI AVENUE RIGHT'-OF-WAY ACQUISTION LANDS OF GARY R. COE THE EASTERLY 10.00 FEET OF A TRACT OF LAND IN THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, DEEZED TO GARY R. COE BY THAT DEED RECORDED AS DOCUMENT NO. 82000361, WASHINGTON COUNTY, OREGON, DEED RECORDS, SAID EASTERLY 10.00 FEET BEING DESCRIBER AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OV SAID TRACT, WHICH POINT IS 20.00 FEET WESTERLY 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 010 38,40- E, 349.70 FEET, TO THE NORTH LINE OF SAID TRACT; THENCE, ALONG SAID NORTH LINE, N 850 35' 50" W, 10.00 FEET; THENCE, PARALLEL WITH SAID CENTERLINE, S 010 3814011 W, 349.70 FEET, TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE, ALONG SAID SOUTH LINE S 85° 35' 30" E, 10.00 FEE, TO THE POINT OF BEGINNING. CONTAINING 0.080 ACRES (3,497 SQUARE FEET) TOGETHER WITH A STRIP OF LAND. FOR SLOPE EASEMENT, LYING WESTERLY OF AND ABUTTING THE WEST LINE OF THE ABOVE DESCRIBED EASTERLY 10.00 FEET OF A TRACT.. THE SOUTHERLY 199.70 FEET BEING 20.00 FEET WIDE IN EAST-WEST DIMENSION, THE NORTHERLY 130.00 FEET BEING 10.00 FEET IN EAST-WEST DiMENSION. CONTAINING 0.092 ACRES (3,994 SQUARE FEET). STATE OF OREDDNi ' 53 county of waahlnpton 1. Donald W. Mason. D,reetor at Assossmont and Taxation and Er?• Rovardor of Con- veyances for NItlG by earthy that the wtthtn r f*l c racolved and rocardogk afMgoraija eaunly. 0 } or of 4 E x• t 6 a . ( ' " } s ? •1: ? K fir LID #5 79 1548-01-404 Dec : 8901337779 1/21/88 Rest; 7021 21.00 Page I of 1 03/30/1909 03:28:40PM n 4.110i 135th LID ' r #2 INDIVIDUAL-GENERAL PARTNERSHIP 88-3389 0 STREET DEDICATION Washington County KNOW ALL MEN BY THESE PRESENTS, that Daniel G. Duggan and Judith A. Duggan, as tenants by the entirety do hereby dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See attached legal description To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(p) in fee simple and the property is free of all liens and encumbrances, they have good `and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is t IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set , his (her) (their) hand(s) and seal(s) this 30 day of c yt,v , 19 ge . ( , (SEAL) DAiku:04, { (SEAL) I.r✓,f •L---- (SEAL) (SEAL) STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON) , 19 Personally appeared the above named Ui,u/ / 9 ,L 04j �e �1u99'x-i 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 g day of 19 tea;-- Notary Public f• ' s regon (NOTARIAL`SALT) _ My Commission 'xpires: 9,7/II, ,Appr9vpa as to legit description this ' �" day of 11 19 ' By: re° z • Title: .�� % 7 S ,C 65,2,4, ..E.7" J l'Z-yee-L / '",$"!. Approved this / day of 1Gf/y , 19&/ DEPARTMENT OF COMMUNITY DEVELOPMENT By: • 2173A/24A // Title: L.--/ / L'E9,7g 'c `"iTit,1a,,t. j, v Cri REcoaDEA — 3 ✓'�'.i.7.�.f.�Ll't�-(3t-t..i�Yi}1.C?.P�;�z CITY OF 1t,3 -k/ L'' P. 0. i ;).''[ 1,.73 7 TIGARD, Cr' t :2 ,3 i • `4160.0. ,1 2.94 11 I N 85°35 50 W — — I w 10.00' —,; I Ii MO) GO crM r() TAX LOT 100 ISI 33C owl ° W DOCUMENT NO. 78057125 Z I 1 I o 10.00 ' 1 N 1 co (O I N O 120' I SLOPE EASEMENT 10.00-- 1 i N 85°355011 W I 10.01 i 'i i 1 > Q 2 I-- M 0JI , Robert E.Myer Consultants,Inc SW 135TH AVENUE E ,, r, •v�.� ...-s„n.yors RIGHT-OF-WAY ACQUISITION 4005 S.W.Golf" On'+a. - " °"' °r pon 97005Lands of Daniel & Judith Duggan lsoal au-rya, Scale In= 50' Date : JAN6,I988 Drawn By KDB Job No. 1548-01 a F. • u 440.0 CITY OF TIGARD 135TH AVENUE RIGHT-OF-WAY ACQUISITION ( LANDS OF DANIEL AND JUDITH DUGGAN A STRIP OF LAND FOR ROAD RIGHT-OF-WAY, BEING A PORTION OF THAT TRACT -OF LAND IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, DEEDED TO DANIEL G. AND JUDITH A. DUGGAN, BY THAT DEED RECORDED AS DOCUMENT NO. 78057125, WASHINGTON COUNTY, OREGON, DEED RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT, WHICH POINT IS 20.00 FEET WESTERLY 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° 38' 40" E, 201.65 FEET, TO THE NORTH LINE OF SAID TRACT; THENCE, ALONG SAID NORTH LINE, N 85° 35' 50" W, 2.94 FEET TO A POINT OF NON-TANGENT CURVATURE, THENCE, SOUTHERLY ALONG THE ARC OF A 630.00 FOOT RADIUS CURVE CONCAVE TO THE EAST (CENTRAL ANGLE: 8° 35' 00"; LONG CHORD: S 05° 56' 52" W, 94.29 FEET) A DISTANCE OF 94.38 FEET ( TO A POINT WHICH IS 30.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, SAID CENTERLINE, WHICH POINT ALSO BEARS S 20° 55' 15" W, 140.85 FEET FROM THE CENTER OF SAID SECTION 33; THENCE, PARALLEL WITH SAID CENTERLINE, S 01° 38' 40" W, 107.28 FEET, TO THE SOUTH LINE OF SAID TRACT; THENCE, ALONG SAID SOUTH LINE, S 85° 35' 50" E, 10.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.039 ACRES (1,649 SQUARE FEET). TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT PURPOSES, LYING WESTERLY OF THE WEST LINE OF THE ABOVE DESCRIBED STRIP OF LAND FOR ROAD RIGHT-OF-WAY. CONTAINING 0.046 ACRES (2,018 SQUARE FEET). LID 112 1548-01-40-4 02/03/38 Page 1 of 1 STATE OF OREGON 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 3 1988 AUG -2 PM 3: 26 f • EXHIBIT "A" LoanNo. 0621005571 /Duggan CITY OF TIGARD 135TH AVENUE RIGHT-OF-WAY ACQUISITION LANDS OF DANIEL AND JUDITH DUGGAN A STRIP OF LAND FOR ROAD RIGHT-OF-WAY, BEING A PORTION OF THAT TRACT •OF LAND IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, DEEDED TO DANIEL G. AND JUDITH A. DUGGAN, BY THAT DEED RECORDED AS DOCUMENT NO. 78057125, WASHINGTON COUNTY, OREGON, DEED RECORDS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT, WHICH POINT IS 20.00 FEET WESTERLY 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° 38' 40" E, 201.65 FEET, TO THE NORTH LINE OF SAID TRACT; THENCE, ALONG SAID NORTH LINE, N 85° 35' 50" W, 2.94 FEET TO A POINT OF NON-TANGENT CURVATURE, THENCE, SOUTHERLY ALONG THE ARC OF A 630.00 FOOT RADIUS CURVE CONCAVE TO THE EAST (CENTRAL ANGLE: 8° 35' 00"; LONG CHORD: S 05° 56' 52" W, 94.29 FEET) A DISTANCE OF 94.38 FEET ( TO A POINT WHICH IS 30.00 FEET WESTERLY OF, WHEN MEASURED AT A RIGHT ANGLE TO, SAID CENTERLINE, WHICH POINT ALSO BEARS S 20° 55' 15" W, 140.85 FEET FROM THE CENTER OF SAID SECTION 33; THENCE, PARALLEL WITH SAID CENTERLINE, S 01° 38' 40" W, 107.28 FEET, TO THE SOUTH LINE OF SAID TRACT; THENCE, ALONG SAID SOUTH LINE, S 85° 35' 50" E, 10.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.03'9 ACRES (1,649 SQUARE FEET). TOGETHER WITH A 10.00 FOOT WIDE STRIP OF LAND FOR SLOPE EASEMENT PURPOSES, LYING WESTERLY OF THE WEST LINE OF THE ABOVE DESCRIBED STRIP OF LAND FOR ROAD RIGHT-OF-WAY. CONTAINING 0.046 ACRES (2,018 SQUARE FEET). STATE OF OREGON SS County of Washington 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 908Nov_7 4M11: 42 '1 r FORM Mo. 888—REQUEST FOR PARTIAL RECON°+EYANCE—OregonTruat Deed Series. 88-4 9795 rN4t 444014a----- .�a. '" Washington County A; REQUEST FOR PARTIAL RECONVEYANCE Loan No. 0621005571 1 TO: Safeco Title Company Trustee. Reference is made to that certain trust deed recorded December 29 19 volume No. at page 7 8 ' Tno / � 7 P g , or as document/fee/file/instrument/microfilm Na (indicate which) Record of Mortgagesof _.. ._,Washington County, Oregon, i which Daniel G. Duggan and Judith A. Duggan, Husbyand afid Wite and Safeco Title Company is grantor is trustee. The undersigned is the beneficiary named in said deed or his successor in interest and is now the legal owner and holder of the promissory note and other obligations secured by said trust deed. You hereby are requested and directed to reconvey, without warranty, to the parties designated by the terms of said trust deed the estate now held by you under the same in and to the following portion of the real property described in said deed, to-wit: See attached Exhibit "A" STATE OF OREGON, ) ss. County of Multnomah ) October 25 , 19_a8 Personally appeared the above named .- Chung Bebbahany .and acknowledged the foregoing instru- ment to be.;..:.,__;-fie; - voluntary act and deed. 13efose e (OFFICIAL' ,. SEAL) 1/M,01,11 Not Public for Oregon My commission expires: The making of said partial release shall be endorsed by you upon said trust deed which herewith is presented to you for that purpose. After your endorsement is made, the trust deed is to be returned to the undersigned Et the address noted below. You are to mail said reconveyance to City Recorder, City of Tigard, whose address is P. 0. Box 23397, Tigard, OR , DATED: October 25 , 19 88 . 61/ a , . Chung Be bahany, Assistant 'e President Orbanco Real Estate Services Co. Beneficiary FKA Lincoln S&L RETURN RECORDED DOCUMENT TO: 1001 S W Fifth Ave 6th floor r• CITY RECORDER, TIGARD ADDRESS P 0 BOX 23397 Portland , OR 97204 . V TIGARD OR 97223 CITY STATE ZIP , I ... I-