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2003-022291 RETT.,RN RECORDED DOCUMENT TO, % -in CITY HAI.L. VECORDS DEPARTMENT, War` County, Oregon 2003-022291 i l CITY OF TIGARD 02h ,03 09:46:21 AAfl 13125 SW Ha11 Blvd. D-E Crtta1 Stno22 I REED Tigard, OR 97223 $20.00 $5.00 $11.00 - Tote) a $37.00 i ` INDIVIDUAL T ration u p I, Jerry -Hanso Coun ofAs eeh2rd~n of p File No. ! 7 and Ex t]r E.. do hereby tcert" y clerk that the within instrument 11 writing was re=d and recorded In tlu book of records of aald county. tbF~A_ _I I EDl Jerry R. Flanson~clo County Cl * and Taxation, - - - J / EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washfttm County Recording information Donald D. Erdt and Dorothy P. Erdt, as tenants by the entirety, hereinafter called the Grantors, gram 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 $794.00. 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 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 rights 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, I hereunto set my hand on this a) day of 20,0 k JD, K/ 'kr Donald D. Erdt Dorothy P. Erdt 13760 SW 121" Avenue 13760 SW 121 ` venue Tax Statement Mailing Address Mailing Address Tigard, OR 97223 Tigard. OR 97223 STATE OF OREGON ) )Ss. County of Washington ) This instrument was acknowledged before me on by: Ct ti. JJ . tOl (name of person(s)). OFFICIAL SEAL NATHAN R. POOL NOTARY PUBLIC-OREGON 's Signature COMMISSION NO. 352895 [91W COMMISSION EXPIRES JANUARY 30, 2006 My Commission Expires: Ago NO CHANGE IN TAX STATEMENT PUBLIC UTILITY AND SLOPE EASEMENT/ Erdt.01 Page 1 of 4 2003-22291 STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on /dam (date) by: ~OrT~'1V) P. +e dd t - (name of person(s)). OFFICIAL SEAL NATHAN R. POOL s Signature NOTARY Pi1BUC - OREGON COMMISSION NO. 352895 My Commission Expires: ~ X30 D6 Ow COMISSION EXPIRES JANUARY 30, ]2006 Accepted on behalf of the City of Tigard this 1 ? day of v f 12003. Q P i Engineer PUBLIC UTILITY AND SLOPE EASEMENT/ Erdt.01 Page 2 of 4 2003-22291 EXHIBIT "A" SW 121 Improvement Permanent Slope and Public Utility Easement 13760 S.W. 121x` Avenue Project No.: 330-06 (A) September 11, 2002 PROPERTY DESCRIPTION A permanent 5.00 foot wide slope and public utility easement parallel to and abutting the easterly line of the following described tract A tract of land situated in the southwest 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, Colonial View (Book 18, Page 14, Washington County Plat Records), and being more particularly described as follows: Beginning at the southwest comer of said Lot 1, also being the intersection of the northerly right- of-way line of SW Rose Vista, Drive (50 feet wide) and the easterly right-of-way line of SW 121` Avenue, being 25.00 feet from the centerline thereof (when measured at right angles); thence, along the easterly right-of-way of said SW 121` Avenue, North 02°47'02" East, 110.53 feet to the northerly line of said Lot 1; thence, along said northerly line, South 88°42'58" East, 15.20 feet; thence, along the arc of a 445.00 foot radius non-tangent curve to the left, through a central angle of 12°12'51" (the chord of which bears South 10°39'59" West, 94.68 feet) an arc distance of 94.86 feet; thence South 36°35'07" East, 21.63 feet to a point on the northerly right-of-way line of said SW Rose Vista Drive; thence, along said northerly right-of-way line, North 88°42'58" West, 15.94 feet to the Point of Beginning. Containing 584 square feet, more or less; REGISTERED PROFESSIONAL [LAND SURVEYOR OREGON! JOHN P. TACCHINI JAN. t5. 1987 2267 PUBLIC UTILITY AND SLOPE EASEMENT/ Erdt.01 Page 3 of 4 " 2003-22291 EXHIBIT "B" - m AXISTING ti ~p RIGHT-OF-WAY 7 25' h y PROPOSED RIGHT-OF-WAY / 5.00' TEMPORARY CONSTRUCTION o / EASEMENT I v DELTA- 1212'51", R - 445.00,L - 94.86' 30, w LC.- S10'39'59'W, 94.68' a l n / _o pp EE EENNT SL6PE. UTLITY EASEMENT Q 0 G.Z.~Q~ J yl N ' N ' L07 1 <V PROPOSED r- +5~ P QPC'~ CENTERLINE I o? zz° I O 1~, 6 °ao in ~ G S36'35'07'E 21.63' N88'42'58'W 15.94' SIN ROSE VISTA DRIVE. I EXISTING I I CENTERLINE PERMANENT SLOPE & TEMPORARY CONSTRUCTION PROPOSED RIGHT OF WAY UTILITY EASEMENT EASEMENT DEDICATION 584 SQUARE FEET 586 SQUARE FEET 809 SQUARE FEET EXHIBIT °A° TAX LOT 600 DATE 14JUN02 LOT 1, COLONIAL VIEW DRAWN BY APT WESTLAKE RIGHT-OF-WAY DEDICATION CHECKED BY coxsuLrANTS. S. W. 1 /4 SEC. 3, T2S, R1 W, WM 7G6 ENGINEERING O SURVEYING O PLANNING aEVâ–şsaNS ~.s/2e/D2 CITY OF TIGARD, 2.7/12/02 174za PACIFIC CD , RPOR-ATE CENTER WASHINGTON COUNTY, OREGON RE NO ks T[6~ OHS ON 97722s4WAY. sunz 150 PAX foal e84=0632 n 330-06 A PUBLIC UTILITY AND SLOPE EASEMENT/ Erdt.01 Page 4 of 4