2005-031028 - - - - - - -
we-rtgton County, Oregon 2005-V
A31028
RETURN RECORDED DOCUMENT 0' 005 09:33:52 AMA Crital 1 CITY HALL RECORDS DEPARTMEN $15
tl 1 = 0 K BARNETT
~j CITY OF TIGARD 1s.0o 18.00 $111..00 00 - -TTootaal $32.00
13125 SW Hall Blvd.
1 Tigard, OR 97223
00744523200500310280030034
I, Jsny Hanson, Dlractorof Aneaamont and Taxation
and Ex-ORlelo County Clerk for Washington County,
Oregon, do hereby certify that the within Instrument of
writing - recalled and -corded In the book of
records of eald County.
File No 0459B `a
nt and Taxation,
Jerry R Hanson, Director saessmsnt
Ex-Offlelo County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recor ing information
Mark. A. Erwert and Debra K Erwert, 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 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 $1,270.00. 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 WHEREOF, we hereunto set our hands on this ~ y da f , 200/.s
gs'- A - 46~4~
Mark A. Erwert Debra K. Erwert
11380 SW Walnut Street, Tigard, Oregon, 97223 11380 SW Walnut Street, Tigard, Oregon 97223
Tax Statement Mailing Address Property Address
STATE OF OREGON )
) ss.
County of Washington )
s
This instrument was acknowledged before me on 5 200~by
Mark A. Erwert and Debra K Erwert.
OFFMSEX
NATHAN R. POOL `s Signature
My Commission Expires: zoo
!!1►~I DG°IRES JANUARY Z0~
Accept on behall o e i o agar s Z S day of _ 52004.
Cit gineer
NO CHANGE IN TAX STATEMENT
Public Utility & Slope Easement / Erwert.I 1 / Page 1 of 3
2005-31029
EXHIBIT A
July 23, 2003 Map and Tax Lot No. 2S103AB-02500
Walnut Street, 116`1' Avenue to Tiedeman Ave. 11380 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. I West
of the Willamette Meridian, City of Tigard, Washington County, Oregon and being more
particularly described in a Deed to Mark A.. and Debra K. Erwert, recorded in Document No.
99.053359, Washington County Records, the said parcel being that portion of said property
included in a strip of land 30.00 feet wide, parallel with and southerly to the centerline of the
proposed re-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); thence North 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 10°35'36", an arc distance of
76.73 feet, subtended by a 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 89°01' 15" 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 SW. 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 800 square feet, more or less.
PARCEL H (PERMANENT SLOPE & UTILITY 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 Mark A. and Debra K. Erwert, recorded in Document No.
99053359, Washington County Records, the said parcel being that portion of said property
included in a strip of land 35.00 feet wide, parallel with and southerly to the centerline of the
proposed re-alignment of S.W.. Walnut Street, which centerline is described in Parcel I.
Except:therefrom that.portion of said tract lying within the, existing right-of-way of S.W. Walnut
Street and Parcel 1 above.
The area of land to which the Parcel H description applies contains 400 square feet, more or less.
/1721/WP/SURVEY/LEGALS/SOUTH/03AB_02500.docr
4,REGISTERED
ESSIONAL
SURVEY
oa~oN _
iANUARY Is.. "94
2649
Public Utility & Slope Easement / Erwert.I I / Page 2 of 3
F
r1i IIII
2005-31028
EXHIBIT A
S.W. WALNUT STREET
N 69'01'15' E
32+50 PROPOSED 33+00 33+50
RIGHT-OF-WAY EXISTING
RIGHT-OF-WAY
c°.4 32+44.61 10' 17 22' 33+27.08
20.00 R 20.00 R
32+44.31 / 33+26.78
/ / 30 00 R
30.00
L.
a 1.:. . - - - - 33+26.57 - - - -
-32+44.10 33+26.42 ` 7.00 R
37.00 R 32+43.95 42:00 R
42.00 R PROPOSED
SLOPE & UTILITY TEMPORARY
EASEMENT CONSTRUCTION
EASEMENT
10830 S.W. Walnut St.
Doc. No. 92008617
LEGEND
PARCEL I - RIGHT-OF-WAY DEDICATION
AREA. - 825 SO. FEET MORE OR LESS
® PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT
AREA - 577:SO. FEET MORE OR LESS SCALE 1'=20'
PARCEL III - TEMPORARY CONSTRUCTION EASEMENT
AREA - 412 SO. FEET MORE OR LESS,
20 10 0 20
JA 1721
1721 ROW-EASE.DWG
t5573 5W BANGY ROAD, STE 300 10830 S.W. WALNUT STREET DATE
LAK80SWBGO,OREGON 9M5 TIGARD. OREGON 22Moy
C E S NW 503.968.6655 aawcesaa~.wm TAX MAP 2Si 03AA TAX LOT 1600 FIGURE
Public Utility & Slope Easement / Erwert.I I / Page 3 of 3