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2004-092161 • Washington County, Oregon 2004.092161 18/10/2004 09:04:26 AM RETURN RECORDED DOCUMENT i.E Cnt •2 stn =13 I MESA CITY HALL RECORDS DEPARTMENT, $20.00 $5.00 $6.00 $11.00 - Total = $42.00 CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 0 063352920040092161004004 6 I, Jerry Hanson, Director of Assessment and Taxation , and Ex- Officio County Clerk for Washington County, P r y S Oregon, do hereby certify that the within Instrument of ,° �' =t, writing was received and recorded In the book of QJ , r ° � : records of said county. '� File No ex/51 Jerry R. Hanson, Dlrectorament and Taxation,;r +v Ex -Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information Barry N. Rosen and Deborah V. Rosen, 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 $ 2,655.81 . 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 / day of 7/.224_, , 2004. Z Barry N. Rosen Deborah V. Rosen 2144 Falcon Ridge Dr., Petaluma, CA 94954 12443 SW 114th Terrace, Tigard, Oregon 97223 Tax Statement Mailing Address Property Address STATE OF OREGON ) ti �- ) ss. County of WaAi ) This instrument was acknowledged before me on E - t - , 2004 by: Barry N. Rosen and Deborah V. Rosen. Notary's Signature I I OFFICIAL SEAL - 130882 My Commission Expires: u-- t i r‘. v.7� CHRIS MARK KRUPANSKY Z NOTARY PUBLIC - CALIF. Z ' 1W- .r�,'',1 COUNTY OF SONOMA 1. My Comm. Exp. June 11, 2005 valp.rwi Accepted on behalf of the City of Tigard this b0 day of 2004. City Engineer NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Rosen.07 / Page 1 of 4 • • • 11 11111111111111111111 lilt ■04 -92161 EXHIBIT A September 3, 2003 Map and Tax Lot No. 2S 103AB -03100 Walnut Street, 116` Avenue to Tiedeman Ave. 12443 S.W. 114` Terrace City of Tigard, Project 0459B PARCEL I (DEDICATION) 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 Barry N. and Deborah V. Rosen, recorded in Document No. 98146810, Washington County Records, the said parcel being that portion of said property included in a strip of land variable in 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°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 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 15 +48.87 33.00 feet; Said point being on the southerly right -of -way line of SW Walnut Street; along the arc of a 25.00 foot radius curve to the right, an arc distance of 42.67 feet through a central angle of 97 °47'07" (the long chord of which bears South 52 °40'48" East a distance of 37.67 feet) Public Utility & Slope Easement / Rosen.07 / Page 2 of 4 111111 11 10111111011 I III 2o©a -! To 15 +73.64 to 61.39 feet. Said point being on the westerly right -of -way line of SW 114 Terrace (25 feet west of the centerline of SW 114` Terrace); From 15 +73.64 61.39 feet. To 16 +00 Except therefrom that portion of said tract lying within the existing right -of -way of S.W. Walnut Street and S.W. 114` Terrace. The area of land to which the Parcel I description applies contains 98 square feet, more or less. PARCEL II (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 Barry N. and Deborah V. Rosen, recorded in Document No. 98146810, Washington County Records, the said parcel being that portion of said property included in a strip of land 39.00 feet wide, lying 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 I above. The area of land to which the Parcel II description applies contains 414 square feet, more or less. /1721 /WP/ SURVEY /LEGALS /SOUTH /03AB_03I00.doc PROFESSIONAL ' ND SUR11EY " 41*. e REGON JA ARY 18, 1994 ANTHONY R. W's! 26.19 Ae 4 &/0&/ Public Utility & Slope Easement / Rosen.07 / Page 3 of 4 JIIiu uh II IIII I III ' 2004 -92161 EXHIBIT A __ _ _ E ,�� +0- W A SIR " �NV� 5 ' 3 E _- N S W. N 7 $`20 t1= 40'32'09" I ----- L- 17.69' R= 25.00' I CH =N 81'18'17" W - 15 +p 17.32' 0= 97'47'07° PROPOSED L= 29.01' RIGHT -OF -WAY R= 17.00' CH =N 52'40'48" W 15 +58.04 25.62' EXISTING 3.3.00 R RIGHT -OF -WAY 15 3.00 R �, 33.00 R 6= 97'4 7' 07" I 14 +91.67 -r- CA _ - / L= 42.67' 33.0 1. R , / R= 25.00' _ CH =S 52'40' E - _ - r' %' 5 +61.72 15 +65.12 `' .:..t -= 44.00 R 39.00 R ! 15 +74.88 I " 52.30 R I -. 14 +89.29 �= 57'14'58" 15 +73.64 - . -- - 14-4-90.37 44.00 R L= 24.98' ` 61.39 R 39.00 R R =25.00' CH =N 32'24'44" W (/) TEMPORARY 23.95' 15 +67.70 I CONSTRUCTION 60.57 R EASEMENT X55'14'54" \ -.a I L= 18.32' A R= 1 9.00' -I PROPOSED CH =N 31'24'42" W I SLOPE & UTILITY 17.62' I m EASEMENT , 23 \ 12443 S.W. 114th Terrace n I Doc. No. 98146810 m LEGEND 4h PARCEL I - RIGHT -OF -WAY DEDICATION � �/ AREA - 98 SQ. FEET MORE OR LESS PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT • AREA - 414 SQ. FEET MORE OR LESS SCALE 1' =20' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT ....i■ rll. • . . . . AREA - 498 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721 ROW - EASE.DWG r NV T'E 300 12443 S.W. 114TH TERRACE E L S LAKE oawhGO, OREGON 97035 TIGARD, OREGON 22May03 503.968.6655 www.cesnw.com TAX MAP 2S1 03A9 TAX LOT 3100 FIGURE Public Utility & Slope Easement / Rosen.07 / Page 4 of 4