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2004-043380 Washington County, Oregon RETURN RECORDED DOCUMENT TO: 04/23/2004 09:33:42 AM 200'4-043380 11 CITY HALL RECORDS DEPAI ENT, 1 CM =1 Stn =19 K BARNEY CITY OF TIGARD o o 88.00 $11.00 -Total = $37.00 V 13125 SW hall Blvd. Tigard, OR 97223 1 11111 1 11 10 1 1111 I III 1111 11 11 00569947200400433800040042 I, Jerry Hanson, Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County, Oregon, do hereby certify that the within Instrument of 9 • • ,. •_' writing was received and recorded In t ' '" P "�° i'jj 9 LLCq records of said county I , ` the book of � File No. (%7 OJ s .s ent and Taxation, Jerry R. Hanson, Director sessament and Taxation, n� Ex -Officio County Clerk EASEMENT PERMANENT SLOPE EASEMENT Space above reserved for Washington County recording information KNOWN ALL PEOPLE BY THESE PRESENT, that M. Glynn Jenovich and Maxine L. Jenovich, as ,j tenants by the entirety, hereinafter referred to as Grantors, in consideration of the sum of $40.0 `1 0 paid by the ' • °U City of Tigard, a municipal corporation and political subdivision of the State of Oregon hereinafter referred to as Grantee, its successors and assigns, convey a perpetual easement and right -of -way over the following described land, for the purpose of constructing, reconstructing, maintaining, repairing, and using the same for a slope to support or help to support the street or sidewalk construction on the adjacent real property located in the County of Washington, State of Oregon. Said land is more particularly described as follows: See Exhibit "A" attached and made part of this document by reference The Grantee and its assigns or its agents shall have the right at any time hereafter to enter upon the above - described real property for the purpose, hereinabove mentioned. In connection therewith Grantee may remove any trees, shrubs, brush, paving or other materials which it finds necessary or convenient to accomplish said purpose. The Grantors, their heirs, successors, assigns or representative shall not construct or maintain any building or other structure upon the above described real property 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 Engineering or his/her designee. 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. • IN WITNESS WHEREOF, we hereunto set our hands on this /3 day of / / , 2004. or M. Glynn Jenovi( axine L. Jenovich i tr Tigard, 11525 SW Walnut Stree igard, Oregon 97223 11525 SW Walnut Street, T g d, Oreg on 97223 Tax Statement Mailing Address Property Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on • /8 , 2004 by M. Glynn Jenovich and Maxine L. Jenovich. // OFFICIAL SEAL - NATHAN R. POOL • NOTARY PUBLIC - OREGON s ' S ` rn° COMMISSION NO. 352895 / 1 ' MY COMMISSION EXPIRES JANUARY 30, 2006 My Commission Expires: , l/ b Accepted on behalf of the City of Tigard this 14 day of Pt P r t , 2004. City n ineer Permanent Slope Easement/ Jenovich.04 / Page 1 of 4 11111E11111 111 11111111 l 2004 -43380 EXHIBIT A October 8, 2003 Map and Tax Lot No. 2S 103BA -00200 Walnut Street, 116` Avenue to Tiedeman Ave. 11525 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 M. Glynn and Maxine Jenovich, recorded in Document No. WD 312 9 -22 -5, Washington County Records, the said parcel being that portion of said property included in a strip of land 30.00 feet wide, lying northerly 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 of49 °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 308 square feet, more or less. PARCEL II (PERMANENT SLOPE 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 M. Glynn and Maxine Jenovich, recorded in Document No. WD 312 9 -22 -5, Washington County Records, the said parcel being that portion of said property included in a strip of land of variable width, lying northerly to the centerline of the proposed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I. The widths in feet of the strip of land above referred to are as follows: Permanent Slope Easement/ Jenovich.04 / Page 2 of 4 IIIIII IIIIIIIIlMIIIII 2004 -43380 STATION WIDTH ON NORTHERLY SIDE OF CENTERLINE From 14 +40 32.00 feet. To 14 +45.63 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 6 square feet, more or less. /172 1 /WP/ SURVEY /LEGALS/NOR TH /03 BA_00200.doc REGISTERED PROFESSIONAL • ND SURVEYOR/ \ •O ARY R 18. N 1996 ANTHONY R. WaLER 2649 ( Q/ j r Permanent Slope Easement/ Jenovich.04 / Page 3 of 4 I I IlI 11111111 1111N111111/1 EXHIBIT A 11525 S.W. Walnut St. WD 312 9 -22 -5 TEMPORARY CONSTRUCTION EASEMENT 15 +05.33 .35.00 L PROPOSED '�� / SLOPE & UTILITY 14 +43.71 EASEMENT 35.00 L 14 +45.63 15+04.25 32.00E — - / 30.00 E 14 +43.06 �////4L // � / EXISTING 14 +42.63 RIGHT —OF —WAY 30.00 L / PROPOSED 14+45.63 RIGHT —OF —WAY 30.00 L 14 +41.55 25.00 L S W N T STREET 15+ 14 +50 1 78.2:D 14+ 39 „ 4— f � w LEGEND r/ PARCEL I — RIGHT —OF —WAY DEDICATION r / I AREA — 308 SQ. FEET MORE OR LESS ,X PARCEL II — PERMANENT SLOPE & UTILITY EASEMENT \ AREA — 6 SQ. FEET MORE OR LESS SCALE 1 ° =10' TEMPORARY CONSTRUCTION EASEMENT I PARCEL III — .._4 AREA — 303 SQ. FEET MORE OR LESS 10 5 0 10 J.N. 1721 1721ROW— EASE.DWG l C NW 4 T t55735WanNGY ROAD, STE300 11525 S.W WALNUT STREET DATE S I \ V \ Y / LAKE W BANG OREGON E 300 TIGARD, OREGON 22May03 503.968.6655 www.cesnw.com TAX MAP 2S1 036A TAX LOT 200 FIGURE Permanent Slope Easement/ Jenovich.04 / Page 4 of 4