2004-058348 I Washlr County, Oregon 2004.058348
' RETURN RECORDED DOCUMEN'z J: 05/25, , 09:33:47 AM
` . r te
f j l CITY HALL RECORDS DEPARTMENT, D - Cnt =1 Stn =7 K GRUNEWALD
CITY OF TIGARD $20.00 $6.00 $11.00 - Total = $37.00
X 13125 SW Hall Blvd.
Tigard, OR 97223
00589048200400583480 040047
I, Jerry Hanson, Director of A ment and Taxation w
and Ex- Officio County Clerk for Washington County, ..
Oregon, do hereby certify that the within instrument of ,9 ,,
writing was received and recorded In I the book of � ; • u �y � ; � ;�
File No .0459B records of said county. 'P�','`
Jerry R. Hanson, Director ss 1. essment and Taxation, %I' LL;, ,
Ex -Officio County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recording information
Stephen M. Kahn and Ann L. Kahn, 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 $1,640.00. 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 here nto set our hands on this /6. day of , 2004.
Stephe . Kahn Ann L. Kahn
11100 SW Walnut Street, Tigard, Oregon 97223 11100 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 /,J. / 1 , 004 by
Ste a hen ►4 . . e i . e e : e � .. Kahn. �/ �
• , /
OFFICIAL SEAL / %/
NATHAN R. POOL
'' = NOTARYPUBLIC- OREGON yr 's Signature 00/2e: `` COMMISSION NO.352895 My Commission Ex p ires:
1 ' .0" MY COMMISSION EXPIRES JANUARY 30, 2006
Accepted on behalf of the City of Tigard this I i day of Mai , 2004.
Q p. cl.w...
City E dI eer
NO CHANGE IN TAX STATEMENT
Public Utility & Slope Easement / Kahn.22 / Page I of 4
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2004 -58348
EXHIBIT A
September 4, 2003 Map and Tax Lot No. 2S 103AB -01100
Walnut Street, 116 Avenue to Tiedeman Ave. 11100 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 Stephen M. and Ann L. Kahn, recorded in Document no.
91044036, 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 820 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 Stephen M. and Ann L. Kahn, recorded in Document no.
91044036, 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 / Kahn.22 / Page 2 of 4
11111111111UVI III
•
• 2004 -58348
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 656 square feet, more or less.
REG;STErcri - D
PROFESSION
/ 1721 /WP'SURVEY /LEGALS /SOUTH /03A13 01100.doc " N D VA i, �d
>. amorist
REGON
JANUARY 13, 1994
ANTHONY R. WELLER
7649
i&IA A) //+
Public Utility & Slope Easement / Kahn.22 / Page 3 of 4
. • • 1111111111111111111111111111
2004 -58348
_. ,
EXHIBIT A
S.W. WALNUT STREET
N 89'0115" E
I — — I — — I — —
25+ op 25 +50 26+00
EXISTING
RIGHT —OF —WAY
PROPOSED 25 +84.90
10' 18' 23' RIGHT —OF —WAY r 20.00 R
25+02.94
20.00 R� / ! — —
25 +84.59
_ — _ rF#2 30.00 R
25 +02.63 * ♦ y ♦ � 38.00 4 R 5
30.00 R 441& 8����4. � �. �� �I. _
25 +02.39.. — —
38.00 R i _, y — 25 +84.20
TEMPORARY PROPOSED 43.00 R
— — — — — — CONSTRUCTION SLOPE & UTILITY
25 +02.23 EASEMENT EASEMENT
43.00 R
11100 S.W. Walnut St.
Doc. No. 91044036
LEGEND
It PARCEL I — RIGHT —OF —WAY DEDICATION It
AREA — 820 SQ. FEET MORE OR LESS
PARCEL II —
. a t AREA — 656 SQ. UTILITY EASEMENT
FEET MORE OR LESS
_/ SCALE 1 ° =2O'
' • .�.• PARCEL III — TEMPORARY CONSTRUCTION EASEMENT
AREA — 410 SQ. FEET MORE OR LESS 20 10 0 20
J.N. 1721
1721 ROW — EASE.DWG
DATE
C+ S IW 15573 5W BANGY ROAD, STE 300 11100 S.W. WALNUT STREET 22M ay03 L \ L4KE OSWGGO, OREGON 97035 TIGARD, OREGON
503.968.6655 wcvw.cesnw.com TAX MAP 2S1 03A8 TAX LOT 1100 FIGURE
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