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2004-065953
_ ■ ai Washington County, Oregon 2004.065953 s- RETURN RECORDED DOCUMENT TO: /2004 09:25:07 AM CITY HALL RECORDS DEPARTMENT, L . Cnt =1 Stn =8 RECORDS1 CITY OF TIGARD $15.00 $0.00 $11.00 - Total = $32.00 13125 SW Hall Blvd. Tigard, OR 97223 00598916200400659530030038 I, Jerry Hanson, Director of Assessment and Taxation h >! and Ex- Officio County Clerk for Washington County, ,.,. Oregon, do hereby certiythat the within Instrument of ; °;f� C ' .+�A writing was received and recorded in the book of pJ: I: records of said county. 4,�� File No Q 115-"q l 1 �' Jerry R. Hanson, Director 'e ent and and Taxation, DT,y Ex -Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information Nhang Van Tran 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 $3,324.00. 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 WHEREOF, I reunto set my hand on this / EM day of Yl/i ay , 2004. • Nhang Van 7,an ni\l 11174 SW Summer Lake Drive, Tigard, OR 97223 10920 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 14-ey ) 8 2004 by: Nhang Van Trait. n ...., OFFICIAL SEAL r \ + NATHAN R. POOL otary's Signature NOTARY PUBLIC - OREGON : � e COMMISSION NO. 352895 My Commission Expires: /AD/©,� MY COMMISSION WIRES JANUARY 30, 2006 Accepted on behalf of the City of Tigard this 2-6 day of M 2004. n 04 LA.13 f o, City n ineer NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Tran.30 / Page 1 of 3 1 111111111 l lil II llllI I I 2004 -65953 EXHIBIT A April 7, 2004 Map and Tax Lot No. 2S 103AA -01100 Walnut Street, 116 Avenue to Tiedeman Ave. 10920 S.W. Walnut Street Ciry 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 Nhang Van Tran, recorded in Document No. 98065129, 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- aligmnent 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 518" 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 3629.00 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. Tiedernan 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 1649 square feet, more or less. REGISTERED BROFESS10::.L / 1711 /W° !SURVEY /LEGALS/SOUTWO3A.A_0t100 -B.doc AND St li'v''_ t. ;.' ; / avi _ ' b cF ;ori ;WHOM' R. WELTER 2649 / / n.i. le.1 ., (; 1 5D/t- I- • Public Utility & Slope Easement / Tran.30 / Page 2 of 3 1. 1111111111131111111111 \ 2004 -65953 EXHIBIT A S.W. WALNUT STREET N 89'01'15" E — —I-- I — I — I — 30 +00 30 +50 31+00 31+50 PROPOSED EXISTING 31 +62.20 29 +97.30 RIGHT —OF —WAY 10' 17'22' r RIGHT —OF —WAY 20.00 R 1 20.00 R f — — 1 +61.90 29 +97 - / v 1 �/ // /2:/ /jj , ///7,77/71/W/7 ' 3 j �j / /�� / / , / /� / � 0.00 R 5/'/ / / �% „; j/, // / / / / / /// 1 , /� /,� // i� /, / // / /4 /ii 30.00 R 3 '• • • • � ' • L • rte , •y �. •✓ � \- _ _ — 31 +61.69 29 +96.79 29 +96.63 L y ' 31 +61.53 37.00 R 37.00 R 42.00 R 42.00 R PROPOSED TEMPORARY SLOPE & UTILITY CONSTRUCTION EASEMENT EASEMENT 10920 S.W. Walnut St. Doc. No. 98065129 LEGEND il li ///4 / PARCEL I — RIGHT —OF —WAY DEDICATION ;r; AREA — 1649 SQ. FEET MORE OR LESS x PARCEL II, — PERMANENT SLOPE & UTILITY EASEMENT h} AREA — 1154 SQ. FEET MORE OR LESS SCALE 1 - =30' PARCEL III — TEMPORARY CONSTRUCTION EASEMENT �.. I'.'.'_'. AREA — 825 SQ. FEET MORE OR LESS 30 15 0 30 J.N. 1721 1721 ROW — EASE.DWG r c E S N4'v\T 15573 SW BANGY ROAD, S1 E 300 10920 S.W. WALNUT STREET DATE LAKE OSWEGO, OREGON www.cesncv.com 300 TIGARD, OREGON 22May03 503.968.6655 ww.cesnw.com TAX MAP 2S1 03AA TAX LOT 1100 FIGURE Public Utility & Slope Easement / Tran.30 / Page 3 of 3