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2004-043378 1 ' _ Washington County, Oregon 2004-043378 t 04/23/2004 09:33:42 AM ;+%' f RETURN RECORDED DOCUMEr " O: d CITY HALL RECORDS DEPARTI, f 1.00 • Stn =19 K BARNEY �� CITY OF TIGARD _,00 $6.00 $11.00 • Total = $37.00 f 13125 SW Hall Blvd. Tigard, OR 97223 0 0569943200400433780040040 I, Jerry Hanson, Director of A ment and Taxation and Ex-Officio County Clerk for Washington County, "�� •te k k - f Oregon, do hereby certify that the within Instrument of °i , . writing was received and recorded in the book of J ,.,„.„41,4‘ 1i M , seessment end Taxation, records of said county. ' - File No 0459B J erry R. Hanson, Director r ' ' � Ex-Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information Les M. Edwards and Marcia L. Edwards, 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 $1,515.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. d 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 REOF we hereunto set our hands on this a day of 4,4 , / , 2004. Les . Ed ards Marcia L. Edwards 10830 SW Walnut Street, Tigard, Oregon 97223 10830 SW Walnut Street, Tigard, Oregon 97223 Tax Statement Mailing Address Property Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on , _1. ' Z 104 by: Les M. Edwards and Marcia L. Edwards. . ' OFFICIAL SEA '" 1. No ' Signature �: '� NATHAN R. POOL �' ,�/ :.s NOTARY PUBLIC OREGON My Commission Expires: I 3O 2 : - COMMISSION NO. 352895 MY COMMISSION EXPIRES JANUARY 30, 2005 Accepted c...1-1-1f ,,f tl�., C4t,, —f T: J II... 1 3 day of A P r1, I 2004. Q L P- City En i eer NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Edwards.32 / Page 1 of 4 2004 -43378 EXHIBIT A September 4, 2003 Map and Tax Lot No. 2S 103AA -01600 Walnut Street, 116` Avenue to Tiedeman Ave. 10830 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 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being more particularly described in a Deed to Les M. and Marcia L. Edwards, recorded in Document No. 92008617, 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 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. 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 825 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 Les M. and Marcia L. Edwards, recorded in Document No. 92008617, Washington County Records, the said parcel being that portion of said property included in a strip of land 37.00 feet wide, parallel with and southerly to the described centerline of the proposed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I. Public Utility & Slope Easement / Edwards.32 / Page 2 of 4 IIII IIIIII II II IMIIII III 2004 -43378 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 II description applies contains 399 square feet, more or less. /1721/WP /SURVEY /LEGALS /SOUTH /03AB 02600.doc REGISTERED PROFESSIONAL LAND S1U RV EY p?J (y1) 1 OREGON JANUARY 18, 1994 ANTHONY R. WEUIR 2649 l2e I/VA 5 69 ° / 5 4 . Public Utility & Slope Easement / Edwards.32 / Page 3 of 4 / IIIIIlI I I II I I1 II II I lilll II 2004 -43378 I- EXH I BIT A M S.W. WALNUT STREET N 89'O1'15" E 32+50 PROPOSED 33 +00 33 +50 , RIGHT -OF -WAY EXISTING RIGHT -OF -WAY c 32 +44.61 10' 17 22' 33 +27.08 20.00 R 1 20.00 R — — _ — ii j /- j 32 +44.31 7/ � �� , /� % ;� j� i /// 33 +26.78 /////7 // /// // /// /`� 30.00R 30.00 R ,' / ._. /1/1" ,/./2 ,. . //r / / /;/ . l • , 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 SQ. FEET MORE OR LESS r-,, i� PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT ,/� AREA - 577 SQ. FEET MORE OR LESS SCALE 1 " =20' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT .1. . . . AREA - 412 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721ROW- EASE.DWG S 15573 Sw BntaGY Rona, srE 30o Y0830 S.W. WALNUT STREET C T' p.JyT 2y03 Y r 503.968.6655 www.ccsnw.com TAX MAP 2S1 03AA TAX LOT 1600 FIGURE —I Public Utility & Slope Easement / Edwards.32 / Page 4 of 4