2007-063004
' RETURN RECORDED DOCUMENT TI Wash,ngton County, Oregon 2007-063004
•
O CITY HALL RECORDS DEPARTMENT; 06l 06/0" z7 09:32Crrt:335 AM
D-E 92 8tns10 A DUYCK
CITY OF TIGARD szo.ob o.oo $5.00 $11.00 • Total =542.00 13125 SW Tigard, O Hall 97223
004
Blvd. INDIVIDUAL I, Richard Hobernicht, Director of Assessment and
Taxation and Ex4fficlo County Clerk for Washington
File No 0459B county, Oregon, do h=c, lfy that the within
Instrument of vMtlng eived and n orded In the 1 a
EASEMENT book of records of said eouIMt,DIn or ofAsseomerRend i
PUBLIC UTILITY & SLOPE EASEMENT Iilehvd Hobs m on,Ex-0tflelorofAsyclerk
PERMANENT Space above reserved jor Washington County Recording Information
Curtis L. Sanders and Kathleen A. Sanders 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. ej-G fie-a- 0 jzlqfs. 00 THE TRUE CONSIDERATION for this conveyance is S .15-5092'- 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
constrict or maintain any building or other structure upon the real property describe in Exhibit "A" prior to receiving written approval by
the City Engineer or his/her designee. The Grantors, their heirs, successors, assign or representatives 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 WI SS REOF, I here to set m hand on this - day of ~ 20(~7
Curtis L. Sanders een A. Sanders
12405 SW 112th Avenue. Tigard. Oregon 97223 12405 SW 112'b Avenue. Tigard. Oregon 97223
Tax Statement Mailing Address Mailing Address
STATE OF OREGON )
) ss.
County of Washington ) 7
This instrument was acknowledged before me on m41 12- 2006 by: Curtis L. Sanders and Kathleen A. Sanders.
OFFICIALSEAL
12
OR. DAVBD FEINAUER
NOTARY PUBUC.OREGON Notary's Signature
COMMISSION NO. 369077 My Commission Expires: D 7
MY COMMISSION EXPIRES JUNE 14, 2007
Accepted on behalf of the City of Tigard this day of MOV 29W.
,
Q P.
Ci ngineer
NO CHANGE IN TAX STATEMENT
I
EXHIBIT A
November 22, 2003 Map and Tax Lot No. 2S 103AB-00900
Walnut Street, 116* Avenue to Tiedeman Ave. 12405 S.W. 112'" Avenue
City of Tigard, Project No. 0459B
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 Curtis L. and Kathleen A. Sanders, recorded in Document No.
79028965, Washington County Records, the said parcel being that portion of said property
included in a strip of land of variable width, lying 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°O1' 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 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.
The widths in feet of the strip of land above referred to are as follows:
STATION WIDTH ON SOUTHERLY SIDE OF CENTERLINE
From 20+52.27 35.00 feet
To 20+73.02 to 37.00 feet;
From 20+73.02 37.00 feet
To 21+17.75 to 44.00 feet;
From 21+17.75 44.00 feet
To 21+80.59 to 48.00 feet:
From 21+80.59 48.00 feet
To 21+80.59 to 65.00 feet;
' From 21+80.59 65.00 feet;
To 21+87.71
From 21+87.71 65.00 feet
To 21+97.41 to 58.00 feet;
From 21+97.41 58.00 feet
To 22+13.64 to 37.00 feet;
From 22+13.64 37.00 feet;
To 22+98.76
From 22+98.76 37.00 feet
To 23+15.02 to 47.07 feet;
From 23+15.02 47.07 feet
To 23+18.02 to 77.23 feet;
From 23+18.02 77.23 feet
To 23+17.34 to 99.57 feet;
From 23+17.34 99.57 feet
To 23+22.34 99.73 feet;
From 23+22.34 99.73 feet.
To 23+50
Except therefrom that portion of said tract lying within the right-of-way of S.W. Walnut Street,
S.W. 112`h Avenue and Parcel I.
The area of land to which the Parcel II description applies contains 3446 square feet, more or
less.
REGISTERED
PROFESSiONAL
ANA SURVEYOR
/1721/WP/SURVEY/LEGALS/SOUTH/03AB 00900.doc
R£GON
7A AR`f 18, 1994
;kNTHONY R. WaLM
2:49
&e~ews Gl3o 6 6
v
V EXHIBIT
dw91'4S'1T
L=40.04'
S.W. WALNUT STREET R-2&00'
PROPOSED EXISTING CHmS 45'06'06' E 23+50
20+71.20 RIGHT-OF-WAY N 89'01'15' E RIGHT-OF-WAY 35 89' _
23 23+00 6=91'45'170
i+pp 21+50 2
8 22+00 22+50 2500 R L-32 03'
20+71
30.00 R 1 21+80.59 65.00 R 22+13.64 22+9&70 R-20.00'
20+7265 4&00 R 37.00 R 30.00 R CH=N 45M6'06'. W
36.86 R 28.71
23+23.99
• .r 22+-00 R 45.61. R
73.28 +17.75 22+16.10 37.00 R
• ~ • - > 42.00 R 22+97.34 23+151
4210 R•~ 9'. PROPOSED 4200 R C. 47.07 R
20+73.02 21+17.21 2+75.5
37.00 R 4&98 R 5269 R SLOPE & UTILITY I
21+75.59 22+00.93 EASEMENT 23+10.29 2377 i68
TEMPORARY 70.00 R 61.63 R 50.02 R
CONSTRUCTION 21+87.71 21+97.41 23+13.02 23+1802
EASEMENT 85.00 R 58.00 R 77.41 R 77.23 R
21+89.33 23+17. LU
70.00 R 99.57 R
12405 &W. 112th Ave. z~34+a ' R w
Doc. No. 79025965 ~
e 10044% R _
p~p~t~► co
LEGEND
® PARCEL I - RIGHT-OF-WAY DEDICATION
AREA - 1317 SQ. FEET MORE OR LESS
® PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT
AREA - 3446 SQ. FEET MORE OR LESS SCALE 1'=40'
PARCEL DI - TEMPORARY CONSTRUCTION EASEMENT if I
AREA - 1668 SQ. FEET MORE OR LESS 40 20 0 40
J.N. 1721
1721 ROW-EASE.DWG
M"n SW BANGYROAD, STS 12405 S.W. 112TH AVENUE DATE
UM OSWEGO ORMON 9M TIGARD, OREGON 18Nov04
CESINW503.%&6635 www.ccwwcom TAX MAP 2S1 03AS TAX LOT 900 FIGURE