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2004-058344 Wash' 'n County, Oregon 2004- 058344 RETURN RECORDED DOCUMENT TO: 05/2 4 09:33:47 AM CITY HALL RECORDS DEPARTMENT, D•E Cnt =1 stn =7 K GRUNEWALD CITY OF TIGARD $20.00 $6.00 $11.00 • Total = $37.00 13125 SW Hall Blvd. c Tigard, OR 97223 11111111 1111 I I 1111111 111 11111 1111 I II t 00589039200400583440040047 I, Jerry Hanson, Director of Assessment and Taxation �h and Ex- Officio County Clerk for Washington County, 't.i�, Oregon, do hereby certify that the within Instrument of ;IT; ; writing was received and recorded In the book of i .14 `' 7 ,; File No 0459B records of said county. sor Jerry R. Hanson, Director ssesament and Taxation, Ex•OffIclo County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information K. Patricia Rudnick hereinafter called the Grantor, grants and conveys 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 $156.00. 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 Grantor 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 Grantor, its 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 Grantor, its 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 Grantor, its 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 WHEREO - -unto set my hand on this 2 g- day of , 2004. � ._ -/ K. Patricia Rudnick 11320 SW Walnut Street, Tigard, Oregon 97223 11320 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 2 8' 004 by: K. Patricia Rudnick: �' j 1 NATHA p R SEAL POOL ary's Signature ..s NOTARY RAMC •OREGON My Commission Expires: 1/.30/Z0 0,6 . y p J / COMMISSION NO. 952895 / I I N C O I N I S S O N N BARES JANUARY 30, 2008 Accepted ott Denali or trre v thil 1 I day of Kai 2004. City EngItn�er NO CHANGE IN TAX STATEMENT `� Public Utility & Slope Easement / Rudnick. I5 / Page 1 of 4 lII ►►► ►�► iI 111111 II �I► 2004 -583 EXHIBIT A September 3, 2003 Map and Tax Lot No. 2S 103AB -02300 Walnut Street, 116` Avenue to Tiedeman Ave. 11320 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 Kathleen P. Rudnick, recorded in Book 952 Page 93 -96 and Book 1809 Page 1007 -1010, 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 961 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 Kathleen P. Rudnick, recorded in Book 952 Page 93 -96 and Book 1809 Page 1007 -1010, Washington County Records, the said parcel being that portion of Public Utility & Slope Easement / Rudnick.15 / Page 2 of 4 iiUii 2004 -583 said property included in a strip of land of variable width, lying southerly 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: STATION WIDTH ON SOUTHERLY SIDE OF CENTERLINE From 20 +02.04 35.00 feet; along the arc of a 380.00 foot radius curve to the right, an arc distance of 9.70 feet through a central angle of 1 °27'46" (the long chord of which bears North 87 °50'54" East a distance of 9.70 feet) To 20 +12.63 to 35.00 feet. 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 49 square feet, more or less. REGISTERED I PROFESSIONAL / 1721 /MVP/ SURVEY /LEGALS /SOUTH /03AB_02300.doc LAND SURVE • • g t ORE /ON • • WARY 18, 1994 ANTHONY R. WEL_ER 2649 Eames /3/4 Public Utility & Slope Easement / Rudnick.15 / Page 3 of 4 Iii \ u mill II II III 11 II III • 2004 -583 EXHIBIT A __� S.W. WALNUT STREET S 89'0115' W . - - - `- - #20 +00 20 +50 0+50 EXISTING • A=8'22'58" 20 +12.63 RIGHT -OF -WAY r PROPOSED 19+ RIGHT -OF -WAY L= 56.33' 30.00 R 1 8 R= 385.00' 20 +50.45 19 +77.46 CH =S 84'49'46" W 20 +15.83 20.00 R 18.31 R 56.28' 30.00 R 19 +55.40 %V2. /, / /// �' j// / 30.00 R 19 +55.11 �, 20+52.27 EIN 30.00 R !/ / / / / ' ' . «...,._ _ 35.00 R -- 35.00R __ ... ;. 20 +12.63 ` • 35.00 R 19 +54.56 - - 20 +20.83 48.00 R - 47.90 R - - • �� 20 +02.04 TEMPORARY - _ - - - 30.00 R 20 +01'29 49.89 R CONSTRUCTION EASEMENT 19 +55.15 20 +02.04 48.00 R 35.00 R 20+01.10 PROPOSED r�1'27'46" A= 6'20'40" 48.00 R L =9 70' SLOPE & UTILI L= 40.64' R= 380.00' EASEMENT R= 367.00' ma c^ CH =S 87'50'54" W CH =S 83 W `P ..A 9.70' 40.62' TEMPORARY 1 4_ CONSTRUCTION F EASEMENT `! � o y cP� 2 11320 S.W. Walnut St. Book 952 'age 93 -96 • Book 1809 Pag- 1007 -1010 LEGEND � y) / PARCEL I - RIGHT -OF -WAY DEDICATION , AREA - 961 SQ. FEET MORE OR LESS .. PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT AREA - 49 SQ. FEET MORE OR LESS SCALE 1 " =20' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT mm.....� AREA - 1208 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721 ROW - EASE.DWG 1 DATE CE 15573 SW BANGY ROAD, STE 300 11320 S.W. WALNUT STREET 22Moy03 J LAKE , OREGOTi 97035 TIGARD, OREGON 503.968.6655 8.6655 www.cesnw.com TAX MAP 251 03AB TAX LOT 2300 FIGURE Public Utility & Slope Easement / Rudnick.15 / Page 4 of 4