2005-004557
Washington County, Oregon 2005-004557
01113' `5 09:05:42 AAA
RETURN RECORDED DOCUMENT- PO: O-E CrV atrr13 I CASTILLO
CITY HALL RECORDS DEPARTMENT, $20.0035.00 $11.00 • Total _ $37.00
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223 111111111111111111111111111111111
00712936200500045570040040
I, Jerry Hanson, Director of Assessment and Taxation
and Ex-0fficlo County Clerk for Mehington County,
O Oregon, do hereby certify that the within Instrument of F;
2 writing was received and recorded Inths book of
i records of said county.
Jerry R. Hanson, DirectorDFAesessment and Taxation, t
File No. 0459B Ex-0mclo County Clerk
EASEMENT
PUBLIC UTILITY, SLOPE AND
DRAINAGE EASEMENT
Space above reserved for Washington County recording information
Gary C. Smith and Ann H. Smith, as tenants by the entirety, hereinafter called the Grantors, grant and
convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating,
maintaining, inspecting, and repairing of public utilities and appurtenances and a drainage channel, 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 $1,410.00. 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 Grantors 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 Grantors, their 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 Grantors, their 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 Grantors, their 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 WVT EREOF ereunto set our hands on this r day of 004.
Gary C. S th Am1eH. Smith
11275 SW Walnut Street, Tigard, Oregon 97223 11275 SW Walnut Street, Tigard, Oregon 97223
Tax Statement Mailing Address Property Address
STATE OF OREGON )
) ss.
County of Washington
This instrument was acknowledged before me on , 2004 by:
GM C. Smith and AnneH. Smith.
- e®
OFFICIAi. SEAL r
NATHAN R. P00! otary's Signature
KITARI' PUBLIC - OREGON My Commission Expires: Z
Or COMMISSION NO. 352895
1w CNYIM(, EXPIRES JANUARY 3Q, 2006
Accepte
nunc;
CILY U1 I Igm ffffs - L day of P4-c~~ 2004.
Cit ngineer
NO CHANGE IN TAX STATEMENT
Public Utility & Slope Easement / Smith. 18 / Page 1 of 4
p : _ IIIIIIIIIIILIIIIIiI IIIIIIIII -
2005-4557
EXHIBI'T' A
October 8, 2003 Map and Tax Lot No. 2S 103AB-00406
Walnut Street, 116`h Avenue to Tiedeman Ave. 11215 S.W. Walnut Street
City of Tigard, Project No. 0459B
PARCEL I (DEDICATION)
A parcel of land lying in that tract of real property in Section 3, Township 2 South, Range F West
of the Willamette Meridian, City of Tigard, Washington County, .Oregon and being more.
particularly described in a Deed to Gary C. and Anne H. Smith, recorded in Document No.
.8003 Washington County Records, the said parcel being that portion of said property
included in,a strip of land 30.00 feet wide, lying northerly to the centerline of the proposedxe-
alignment of S.W.,. Walnut Street, which centerline is described as follows:
Beginning at a point on line known as Station 10+00.00 (feet) of said re-aligned S.W. Walnut.
Street; from whence a 5/8°' iron rod with yellow plastic cap stamped "DEA Inc." in a monument
box bears South 78°25'39" West a distance of 785.68 feet, as said iron rod is shown on Survey
No. 29,259 as Station 2+14.32 (feet); thenceNorth 78°25'39" East a distance of 939.10 feet to a
point of curvature. shown on Survey No. 29,259 as Station 19+39.,10 PC (feet); thence along a
415.00 foot radius curve to the right; through a central angle of 1095'36", an arc distance of
76:73 feet, subtended bya chord of North 83°43'27" East a distance of 76.62 feet, a point.of
tangency at Station 20+15.83 PT (feet); thence North 89001' 1'5" East a distance of 1376.62 feet.
:to a point of curvature shown.on Survey No. 29,259 as Station 33+92.45 PC (feet); thence along
a 275.00 foot radius curve to the right, through a central angle of 49'17'05", an,arc. distance of
236.55 :feet, subtended by a chord of South 66°20' 13" East a distance of 229.32 feet to a point of
tangency at Station 36+29.00 PT (feet); thence South 41 °41'40" East a distance of 79.91 feet to
the centerline intersection of S.W.. Walnut Street and S.W. Tiedeman Street, said intersection
being shown on Survey No. 29,259 as Station 37+08.91 (feet), the point of termination' of this
description.
Except therefrom that portion of said tract lying within the existing right-of-way of S.W. Walnut
Street.
.The area of land to which the Parcel I- description applies contains 1632 square feet, more or less.
PARCEL II (PERMANENT SLOPE EASEMENT)
A parcel of land lying in that tract of real property in Section 3, Township 2 South, Range 1 West
of the Willamette Meridian, City of Tigard, Washington County, Oregon and being more
particularly described in a Deed to Gary C., and Anne H. Smith, recorded.. in Document No.
89034567, Washington County Records, the said parcel being that portion of said property
included in a strip of land of variable width, lying northerly to the centerline of the proposed re-
alignment of S.W. Walnut Street, which centerline is described in Parcel I.
The widths in.feet of the strip of land above referred to are as follows:
Public Slope & Utility Easement / Smith. 18 / Page 2 of 4
2005 4557
STATION WIDTH ON NORTHERLY SIDE OF CENTERLINE
From 20+50 34.00 feet;
To 20+56.21
From 20+56.21 34.00 feet
To 21+85.69 to 51.00 feet;
From 21+85.69 51.00 feet
To 22+01.06 to 64.50 feet;
From 22+01.06 64.50 feet
To 22+19.39 to 62.00 feet;
From 22+19.39 62.00 feet.
To 22+25
Except therefrom that portion of said tract lying within the existing right-of-way of S.W. Walnut
Street and Parcel I above.
The area of land to which the Parcel H description applies contains 2655 square feet, more or
less.
/1721 / W P/SUR V EY/L.EGAIS/NORTH/43AB_00406. doe
PE ST,ERED
FROFESS10N~L
XIL W94 ~
VarjW L V+SIM
26:9
Public Slope & Utility Easement / Smith. 18 / Page 3 of 4
• _ may, 2005-4557
EXHIBIT A
11275 Walnut St.
Doc. No. 89034567
22+01.06 21+99.47
64.50 L 622+19.39
67.05 L
TEMPORARY 5+.•6 + 22+19.39
CONSTRUCTION PROPOSED 55.76 L + 62,00 L
EASEMENT SLOPE ENT 21+85.69
51.00 L +
20+56.21
0+56
-1 + + +
34.00 L +
L - ~f+ + + +
!1'9.39
0 LF20+56.21 1 PROPOSED L N
RIGHT-OF-WAY 20.00 L
R GHT NOF-WAY
50 21+00 21+50 22+00
2Q00 L 20+
- _ N 89"01'15' E - ~ -
N S.W. WALNUT STREET
LEGEND
® PARCEL I - RIGHT-OF-WAY DEDICATION
AREA - 1632 SQ. FEET MORE OR LESS
® PARCEL 11 - PERMANENT SLOPE EASEMENT
AREA - 2655 SQ. FEET MORE OR LESS
PARCEL 10 - TEMPORARY CONSTRUCTION EASEMENT
AREA - 848 SQ. FEET MORE OR LESS SCALE 1'-30'
J.N. 1721 30 15 0 30
1721ROW-EASE.DWG
15573 SW RANGY ROAD, S= 300 11275 S. W. WALNUT STREET DATE
(CESINWS03.96IL6655 I.AIB 05WEG0OREGON 97035 TIGARD. OREGON 22May03
wwwA esawx= TAX MAP 2S1 03AB TAX LOT 406 FIGURE
Public Slope & Utility Easement / Smith. 18 / Page 4 of 4