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2004-106704 1i Washington County, Oregon RETURN RECORDED DOCUME 0: 09/15/2004 09:04:08 AM 2004-106704 CITY HALL RECORDS DEPARTMENT, - D -E Cnt =1 Stno8 RECORDSI ' - CITY OF TIGARD $15.00 $6.00 $11.00 - Total = $32.00 13125 SW Hall Blvd. Tigard, OR 97223 00652785200401067040030039 I, Jerry Hanson, Director of Assessment and Taxation y a and Ex- Officio County Clerk for Washington County, .,- • Oregon, do hereby certify that the within instrument of , Jl; t*rro . writing was received and recorded In the book of (. ; - y j;� File No 0459A records of said county. Jerry R. Hanson, Director btiAsaessment and Taxation, 1 ''r +i• + ! C Ex-Officio County Clerk /1 EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information Codie L. Yapuncich, hereinafter called the Grantor, grants and conveys 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 $2,486.00. However, the actual consideration consists of or includes A 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 Grantor 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 Grantor, its 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 Grantor, its 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 Grantor, its 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 ereunto set my hand on this 1 1 Th day of , 2004. Codie L. Ya icich 13235 SW 121' Avenue, Tigard, OR 97223 13235 SW 121st Avenue, Tigard, OR 97223 Tax Statement Mailing Address Property Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on / 7 , 2004 by Codie L. Yapuncich. ----=1":,.. OFFICIAL SEAL i <<y �'� N ATHAN R. POOL No sty's Signature � ' NOTARY PUBLIC - OREGON '' � a COMMISSION N0.352895 My Commission Expires: 130/ 2 d O ,. 4f �MY COMMISSION EXPIRES JANUARY 30, 2006 4. Accept on Denali 7 day of �Lr 2004. l� ,.. ; • Q. 4,...a....., -,,, City a y ,..3;5 - 1" NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Yapuncich.29 / Page 1 of 3 / I iiiiiiiii uUiii 2004- 10670 EXHIBIT "A" SW 121' Improvement Slope and Utility Easement 13235 S.W. 121 Avenue Project No.: 0330- 006(A) March 5, 2004 PROPERTY DESCRIPTION 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 28, Willamette Plat 2 (a subdivision recorded in Book 17 at Page 9, Subdivision Records of Washington County, Oregon) and being more particularly described as follows: Commencing at the northeast corner of said Lot 28; thence along the northerly line said Lot 28 North 88 °35'26" West a distance of 5.00 feet to the Point of Beginning; thence departing said northerly line and parallel with the easterly line of said Lot 28 South 02 °10'34" West a distance of 115.78 feet to a point; thence 4.84 feet along the arc of a circular curve to the right, said curve having a radius of 445.00 feet, a central angle of 00 °37'22 ", a chord bearing of South 02 °29' 16" West and a chord distance of 4.84 feet to a point; thence 38.66 feet along the arc of a circular curve to the right, said curve having a radius of 25.00 feet, a central angle of 88 °36'38 ", a chord bearing South 47°06'16" West and a chord distance of 34.92 feet to a point on the southerly line of said Lot 28; thence along said southerly line North 88 °35'26" West a distance of 5.00 feet to a point; thence departing said southerly line North 01 °24'34" East a distance of 5.00 feet to a point; thence South 88 °35'26" East a distance of 5.00 feet to a point; thence 30.93 feet through the arc of a circular curve to the left,.said curve having a radius of 20.00 feet, a central angle of 88 °36'38 ", a chord bearing of North 47°06'16" East and a chord distance of 27.94 feet to a point; thence 4.78 feet through the arc of a circular curve to the left, said curve having a radius of 4.78 feet, a central angle of 00 °37'22 ", a chord bearing of North 02°29'16" East and a chord distance of 4.78 feet to a point; thence North 02 °10'34" East a distance of 115.71 feet to a point on the northerly line of said Lot 28; thence along said northerly line South 88 °35'26" East a distance of 5.00 feet to the Point of Beginning. Said described tract of land contains 802 square feet, more or less, subject to all existing easements and rights -of -way. Public Utility & Slope Easement / Yapuncich.29 / Page 2 of 3 iiiiIiIllIIll tThII 2004-10670 EXHIBIT "A" / /' /,/ //'//-- — — 7 I l I N88'35'26 "W z 5.00' -..- w }. 5.00 ~ I I Q I0 `v w I P � PA' In t tQ U) _ (A ., � o co <141 - 0 4.4. „ z J .— z o - z - ' in SCALE: 1" = 30' �vvoo o r= . 0 -- o Q o in / o I1- - `- ( W • / , ooc, / o to to to -I-Li ° C/UIn� Q A- Ey Z o / % < w 1r / / a OiZ /, /A IWI / ro r ° 0 t' 25 ri t rj / /,/// ; /' % / /,A w \ In N O N88'35 ,- 26 W I SW MARION STREET / ----- i PROPOSED RIGHT -OF -WAY PERMANENT SLOPE & TEMPORARY CONSTRUCTION DEDICATION UTILITY EASEMENT EASEMENT 726 SQUARE FEET 802 SQUARE FEET 763 SQUARE FEET DEED DOCUMENT NO. 2002 - 022142 DATE 290CTO3 ESTL RIGHT -OF -WAY DEDICATION DRAWN BY SFF I CONSULTANTS INC CHECKED BY S.W. 1/4 OF SEC. 3, T2S, R1 W, WM JPT ENGINEERING • SURVEYING • PLANNING Q CITY OF TIGARD, WASHINGTON COUNTY REVISIONS PACIFIC CORPORATE CENTER o OREGON 151'15 S.W. SEQUOIA PARKWAY, SUITE 150 (503 0652 1 ) 684 - o JOB NO. 330 -06 TIGARD, OREG 97224 FAX (503J 824 -0157 n Public Utility & Slope Easement / Yapuncich.29 / Page 3 of 3