2004-049346 Washington County, Oregon _
\\ - . n 10:09:15 AM 2004- 049346
+, RETzJRN RECORDED DOCUMENT TO. Cnt =1 Stn =19 K BARNEY
CITY HALL RECORDS DEPARTMENT,_,
• _ _ ! 00 $8.00 $11.00 • Total = $37.00
T OF TIGARD
b 13125 SW Hall Blvd.
Tigard, OR 97223
0 0576854200400493460040043
I, Jerry Hanson, Director of Assessment and Taxation
and Ex- Officio County Clerk for Washington County, - v ``�C�4,
�
Oregon, do hereby certify that the within Instrument of �••• ° p
' •; =a
writing was received and recorded In the book of J ;444' ai
records of said county. t , I�_
Jerry R. Hanson, Director and Taxation, ?
File No 0459B Ex-Officio County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recording information
Anh -tuyet T. Nguyen and Vinh N. Nguyen, 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 $1,405.00. 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 LI a day of �1 , 2004.
Anh -tuyet . Ngu n Vinh N. Nguyen
10980 SW Walnut Street, Tigard, Oregon 97223 10980 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 -A / , 2004 by:
Anh-tuyet T. Nguyen and Vinh N. Nguyen. , i
Y g / /_r�! • ' .
•1I� OFFICIAL SEAL
NATHAN R. POOL . !► ary's Signature
.; NOTARY PUBLIC -OREGON COMMISSION N0.352895 My Commission Expires: / go
•-• EXPIRES JANUARY 30, 2008 / /
m
Accepted on behalf of the City of Tigard this day of 2004.
City Engineer
NO CHANGE IN TAX STATEMENT
Public Utility & Slope Easement / Nguyen.28 / Page 1 of 4
11 11111111111111111 1111 111
- 2004 -49346 •
EXHIBIT A
September 4, 2003 Map and Tax Lot No. 2S103AA -01001
Walnut Street, 116` Avenue to Tiedeman Ave. 10980 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 Anh -Tuyet T. and Vinh N. Nguyen, recorded in Document no.
2001102675, 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 827 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 Anh -Tuyet T. and Vinh N. Nguyen, recorded in Document no.
2001102675, 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 / Nguyen.28 / Page 2 of 4
I III IIIIII I " III
2004 -49346
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 661 square feet, more or less.
/1721 /WP/ SURVEY /LEGALS /SOUTH /03AA_01001.doc ¢ZECIST r a a
PROF ESSION O_
LAND
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OREGON
3. NARY 18, 1994
cANTHONY R. WELLER
2649
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Public Utility & Slope Easement / Nguyen.28 / Page 3 of 4
1IIIl 11Ill t 1i11 I1
' 2004 -49346
r 1
EXHIBIT A
S.W. WALNUT STREET
N 89'01'15 E
I — — --I —
28 +50 29 +00
EXISTING
RIGHT —OF —WAY N o
29 +15.07
28+32.39 10' 18' 23' PROPOSED 20.00 R
20.00 R-1 j RIGHT —OF —WAY
28 +32.09 /j�� �j� /'; / / / / /� ./ / / / � j /j / 29 +14.77
30.00 R ; / / / // / // ll/ / �/ 30.00 R
�, / 2 • ; ` / x , 29 +14.53
28+31.84 00 N'', \ — A ^ fi t , .,. \ � X�>- . .. / 38.00 R
38.00 j� '� '� � �, i � ,
28 +31.69 ' 29 +14.38
43.00 R 43.00 R
TEMPORARY
PROPOSED CONSTRUCTION
SLOPE & UTILITY EASEMENT
EASEMENT
10980 S.W. Walnut St.
Doc. No. 2001102675
LEGEND
' / , PARCEL I — RIGHT —OF —WAY DEDICATION
2/ //// AREA — 827 SQ. FEET MORE OR LESS
PARCEL II — PERMANENT SLOPE & UTILITY EASEMENT
.., . AREA 661 SQ. FEET MORE OR LESS SCALE 1 =20'
' ' .'. PARCEL III — TEMPORARY CONSTRUCTION EASEMENT
. .' .' • AREA — 413 SQ. FEET MORE OR LESS
20 10 0 20
J.N. 1721
1721 ROW— EASE.DWG
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NVV 15573 SW BANGYROAD,STE 300 10980 S.W. WALNUT STREET LAKE OSWEGO, OREGON 97035 22May03
E V 503,968.6653 www.cesnw.com TAX MAP 2S1 03AA TAX LOT 1001 FIGURE
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