2004-049344 f -,
Washington County, Oregon
^'-05/2004 10:09:15 AM 2004- 049344
RETU,RN RECORDED DOCUMENT TO: Cntal Stna19 K BARNEY '
1' CITY HALL RECORDS DEPARTMENT, ..D0 $6.00 $11.00 • Total a $37.00
i ) , P CITY GR
,1 3125 S OF TI Hall A Blv
d.
� �� j 7 Tigard, OR 97223
0 057685020040049344004004 2
I, Jerry H anson, Director of A ment and Taxation . , n
and Ex- Officio County Clerk for Washington County, ,„,x "'� v ,
Oregon, do hereby certify that the within instrument of ,./ '`;: F.
writing was received and recorded In the book of J ,""l: p ' 1
records of said county
`) �� Y
File No 0459B Jerry R. Hanson, Director ment and Taxation, 3,-4-i'
Ex -Officio County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recording information
Dale A. Tuma and Linda J. Tuma, 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.
41 1)(09.00
THE TRUE CONSIDERATION for this conveyance is $1,689.00. 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 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 /-- Th day of , 2004.
C aclat,#t4/ 444/Lek_ 4111P1 ./■__.. At. . /, _
Dale A. Tuma Line a J. Tu ,;'
11000 SW Walnut Street, Tigard, Oregon 97223 11000 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 f3 , 2004 by:
Dale A. Tuma and Linda J. Tuma. ^
,044.... i N ATH A N R , POO Notary's Signature
e,.. «."
i w; ,- NOTARY PUBLIC• OREGON My Commission Expires: 1/90/200 ,� COMMISSION NO. 352895
IMf ISSlQI EXPIRES MARY 30, 2006
Accepte on oenair or me uny of i tgatd title l f day of A r t 1 2 04.
City E
NO CHANGE IN TAX STATEMENT ��� ... 111
Public Utility & Slope Easement / Tuma.26 / Page 1 of 4
0
V 1Hiff iiiiiiii ii iijiii 2004 I Ilf
EXHIBIT A
July 23, 2003 Map and Tax Lot No. 2S 103AA -00900
Walnut Street, 1 16` Avenue to Tiedeman Ave. 11000 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 Dale A. and Linda J. Tuma, recorded in Document no.
88023397, 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 4l °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 704 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 Dale A. and Linda J. Tuma, recorded in Document no.
88023397,, Washington County Records, the said parcel being that portion of said property
included in a strip of land 38.00 feet wide, parallel with and southerly to the centerline of the
proposed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I.
Public Utility & Slope Easement / Tuma.26 / Page 2 of 2
i ii liii I i i iiui i iu
2004 -49344
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 563 square feet, more or less.
/1721 /WP/SURVEY/LEGALS/SOUTH/03AA00900.doc
REGISTERED
PROFESSIONAL
4NiD SURVEYO '
OtEGON _..,.I
'JANUARY 18, 1994
ah(EHONY R. WELLER
2849 j r
t
Public Utility & Slope Easement / Tuma.26 / Page 3 of 3
i '1 ,-
-- 111111111 1111111111 l 111 ■
2004 -49344
EXHIBIT A
S.W. WALNUT STREET
N 89'01'15" E
I — — I — - - I
27 +50 28 +00 28 +50
EXISTING PROPOSED
RI GHHT --OF -WAY
RIGHT -OF -WAY
0 27+61.95 23' 18 ' 10' 2 20.00
20.00 R
- - - -
. i 1
i /- f / 26 +32.09
27 +61.65 � / / ;
/-// 30.00 R
30.00 R i /, ,t % / / �, /i // . / /� i
27 +61.41 i x/ >•,i ''y 1\..
38.00 R �, }: X ><: i i �� '
- — ' — — ^ — — 28 +31.84
27 +61.26 28 +31.69 38.00 R
43.00 R 43.00 R
PROPOSED
TEMPORARY SLOPE & UTILITY
CONSTRUCTION EASEMENT
EASEMENT
11000 S.W. Walnut St.
Doc. No. 88023397
LEGEND
; ' ' PARCEL I - RIGHT -OF -WAY DEDICATION
/ //�".� AREA - 704 SQ. FEET MORE OR LESS
,/\ 2. ;:, PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT
\ , /`i\, AREA - 563 SQ. FEET MORE OR LESS SCALE 1 " =20'
PARCEL III - TEMPORARY CONSTRUCTION EASEMENT
4. . AREA - 352 SQ. FEET MORE OR LESS 20 10 0 20
J.N. 1721
1721 ROW - EASE.DWG
E NW 15573 SWBANGYROAD,ST7 300 11000 S.W. WALNUT STREET LAKEOSWEGO,OREGON 97035 TIGARD, OREGON 22May03
503.968.6655 www.cesnw.com TAX MAP 2S1 03AA TAX LOT 900 FIGURE
Public Utility & Slope Easement / Tuma.26 / Page 4 of 4