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2004-092157 • Washington County, Oregon 2004_092157 9/2004 09:04:26 AM RETURN RECORDED DOCUMENT Cnt =2 Stn =13 I MESA CITY HALL RECORDS DEPARTMEN i', $15.00 $5.00 $6.00 $11.00 • Total = $37.00 CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 0 0633494200400921570030038 I, Jerry Hanson, Director of Assessment and Taxation t' ,.�> - and Ex- Officio County Clerk for Washington County, a .,r =y� �. Oregon, do hereby certify that the within Instrument of � . writing was received and recorded In the book of ;1; , .o ;� ,1 /`�y�c records of said county. 14 �� ,, .�3JP File No • 5 9 4 Jerry R. Hanson, Director saessmeentt and Taxation, Y ,r ;' A. V Ex- Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE. EASEMENT Space above reserved for Washington County recording information Kyle J. Buchholz hereinafter called the Grantor, grants and conveys unto the City of Tigard a perpetual easement for constructing, reconstructing; operating, maintaining, inspecting, and repairing of public utilities and appurtenances, and for use as a slope to support or help to support the street or sidewalk construction on the adjacent real property, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibit "A ", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 2,523.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantor from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. The Grantor, its heirs, successors, assigns or representative shall not construct or maintain any building or other structure upon the real property described in Exhibit "A" prior to receiving written approval by the City Engineer or his/her designee. The Grantor, its heirs, successors, assigns or representative 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 by the City Engineer or his/her designee. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above - described easement will be forfeited and shall immediately revert to the Grantor, its successors, and assigns in the case of such event. The instrument does not grant or 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. TO HAVE AND TO HOLD the above - described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this vl day of 9/A2 , 2004. S /Law ore J. Buchhrz 12120 SW Alberta Street, Tigard, OR 97223 12120 SW Alberta Street, Tigard, OR 97223 Tax Statement Mailing Address Property Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on . / , 2k14 by Kyle J. Buchholz. :., OFFICIAL. SEAL � ; �! W / . 1 :% NATHAN R. POOL ry's tgnature NOTARY PUBLIC • OREGON ` r • , COMMISSION N0.352895 My Commission Expires: 1/50/2 e90, 's- MY COMMISSION EXPIRES JANUARY 30, 2006 Accepted on behalf of the City of Tigard this ;W day of --1 J L 2004. P 4 ad..4.0.....bek,..-2,... City '(_ineer NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Buchholz.35 / Page 1 of 3 • • -.Rc) - - 66u `r . '.1, 4,. :4 �;► X01 • iii1 11111 2004-92 • EXHIBIT "A" SW 12.1. Improvement Public Utility and Slope Easement 12120 S.W. Alberta Street Project No.: '0330-006(A) December 5, 2003 PROPERTY DESCRIPTION A tract of land situated the Northwest one - quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being a- portion of Lot 1, Block 2, Canoga Park (a subdivision recorded in Book 20 at Page 32, Subdiyision Records of Washington County, Oregon) and being more particularly described as follows: Commencing at. the. southeast corner of said Lot.1; thence along the southerly line of said Lot 1 North 88 °35'26 "West a distance of 5.37 feet to the Point of Beginning; thence departing said southerly line 53:09 feet along the arc of a non - tangent circular curve to the left, said curve having a radius of 970.00 feet, a central angle of 03 °08'08 ", a chord bearing of North 00 °58'42" West and a chord distance of 53.08 feet to a point;.thence North.02 °32'46" West:a distance of 76.47 feet to a point; thence 37.52 feet through the arc of a circular curve to the left, said curve having a radius of 25.00 feet, a central angle of 86 °.00'00 ", a chord bearing North.45 °32'46" West and a chord distance of 34.10,feet to a point on the northerly line of said Lot l; thence along said northerly line North S8°32'46" West a distance of 5.00 feet to a point; thence departing said northerly line South 01 °27' 14" West:a distance of 5.00 feet to a point; thence South 88 °32'46 " E distance of 5.00 feet to a point; thence 30.02 feet through the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 86 °00'00 ", a chord bearing of South 45 °32'46" East and a chord distance of 27.28 feet to a point; thence South 02 °32'46" East a distance of 76.47 feet to a point; thence 52.74 feet through the arc of a circular curve to the right, said curve having a radius of 965.00 feet, a central angle of 03 °07'53 ", a chord bearing of South 00 °58'49" East and a chord_distance of 52.73 to a point on the southerly line of said Lot 1; thence along said southerly line South 88 °35'26" East a distance of 5.00 feet to.the Point of Beginning. Said described tract of land contains 841 square feet, more or less, subject to all • existing easements and rights -of -way. Public Utility & Slope Easement / Buchholz.35 / Page 2 of 3 IIII 1111111 IIIIII liii III .. 2004 -92157 EXHIBIT "A" f I SW ALBERTA STREET N I 1 i 1 S88'32'4 "E iN z �� / 1 C O HOUSE CORNER IS o / / / / /�� / /� / /��� / /��� /� /// 40.7' FROM R/W 0 . CENTERLINE I I 0 pz,I c,4 o D N 0 v � N 1 -+ I N z 0 �Q re) z m o — —{ N) ..... GQ Q c) -, Q , ,mp < rn fikrok c, 0 . .‘. 0 , _p_ ti � z P1 N > K m C rn z ri SCALE: 1" = 30' --1 Z + igi 5.0 A . 5.00' -ri /' I I t N88'35'25 "W _ • C V 0 rn / PROPOSED RIGHT —OF —WAY PERMANENT SLOPE & TEMPORARY CONSTRUCTION DEDICATION UTILITY EASEMENT EASEMENT 897 SQUARE FEET 841 SQUARE FEET 802 SQUARE FEET DEED DOCUMENT NO. 99- 087741 °ATE 05DECO3 I WESTLAKE RIGHT —OF —WAY DEDICATION DRAWN BY SFF II CONSULTANTS INC. CHECKED BY N.W. 1/4 OF SEC. 3, T2S, RAW, WM 'FT 1.. ENGINEERING • SURVEYING O PLANNING X CITY OF 11GARD, WASHINGTON COUNTY REVISIONS o " OREGON ICARD,-OR S CORPORATE CENTER S .I°B NO 330 -06(A) _ TE 0 U9 224 Y, S UIT E 150 50 (5 FAX 03 824 - 01 Public Utility & Slope Easement / Buchholz.35 / Page 3 of 3