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2004-083282 RETURN RECORDED DOCUMENT TO: / Washington County, Oregon �� (,0 RETURN HALL RECORDS DE MENT, 07/20/2004 03:00:29 PM 2004-083282 CITY OF TIGARD $20 1.0 Stn =19 K BARNEY / 13125 SW Hall Blvd. $20.00 $8.00 $11.00 • Total = $37.00 Tigard, OR 97223 I IOU II II 11111111 111 1 1111 III IIII 0 062170320040083282004004 4 I, Jerry Hanson, Director of A ment and Taxation L ,k and Ex- Officio County Clerk for Washington County, k` Oregon, do hereby certify that the within instrument of writing was received and recorded In the book of Jul, t ' '• 4 • File No. 0459B records of said county. � s ' 4 Jerry R. Hanson, Director bf -R ment and Taxation, x.« Ex -Officio County Clerk "- EASEMENT PERMANENT SLOPE EASEMENT Space above reserved for Washington County recording information KNOWN ALL PEOPLE BY THESE PRESENT, that Shirley Ann Hintz, hereinafter referred to as Grantor, in consideration of the sum of $1,831.00 paid by the City of Tigard, a municipal corporation and political subdivision of the State of Oregon hereinafter referred to as Grantee, its successors and assigns, convey a perpetual easement and right -of -way over the following described land, for the purpose of constructing, reconstructing, maintaining, repairing, and using the same for a slope to support or help to support the street or sidewalk construction on the adjacent real property located in the County of Washington, State of Oregon. Said land is more particularly described as follows: See Exhibit "A" attached and made part of this document by reference The Grantee and its assigns or its agents shall have the right at any time hereafter to enter upon the above - described real property for the purpose, hereinabove mentioned. In connection therewith Grantee may remove any trees, shrubs, brush, paving or other materials which it finds necessary or convenient to accomplish said purpose. The Grantor, her heirs, successors, assigns or representative shall not construct or maintain any building or other structure upon the above described real property prior to receiving written approval by the City Engineer or his/her designee. The Grantor, her heirs, successors, assigns or representatives 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 Engineering or his/her designee. Theinstrument_does not grant or convey to the Grantee any right of title to the surface of the soil except for 11111 M "' • EXHIBIT A October 8, 2003 Map and Tax Lot No. 2S 103AA -00301 Walnut Street, 116` Avenue to Tiedeman Ave. 11015 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 Shirley Ann Hintz, recorded in Document No. 97014591, Washington County Records, the said parcel being that portion of said property included in a strip of land 30.00 feet wide, lying northerly 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 of49 °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 1001 square feet, more or less. PARCEL II (PERMANENT SLOPE 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 Shirley Ann Hintz, recorded in Document No. 97014591, Washington County Records, the said parcel being that portion of said property included in a strip of land 39.50 feet wide, lying northerly to the centerline of the proposed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I. Permanent Slope Easement/ Hintz.25 / Page 2 of 4 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 951 square feet, more or less. / 172 /WP /SURVEY`LEGALS/NORTH /03AA 00301.doc PE ; ` r FL S 1 l�i:i N51 7 �►���: r ( . I # OREGON 3M UARY 1s, 1994 ANTHONY R. WELLS 2649 122,(g,05 ( iitiTii III I IIIfl 2004-9328 Permanent Slope Easement/ Hintz.25 / Page 3 of 4 I III 2 . • . EXHIBIT A 11015 Walnut St. Doc. No. 97014591 TEMPORARY CONSTRUCTION PROPOSED EASEMENT 27 + 27+08.70 SLOPE 28 +08.79 3 9.54 L 44.50 L EASEMENT 44.50 L\ "�' *IS ��• 4 � ������ • \x_1 39.50 L 9 �� — � � /` j // / �� / / /j� 27 +08.70 j /� 2\r+ 08.79 30.00 L / / // / / / — .00 L 27 +08.70/ 1 1 28+08.79V 20.00 L EXISTING 5 10' 19.5' 24.5' 20.00 L RIGHT –OF –WAY o N 27 +00 PROPOSED 47 +50 28 +00 RIGHT –OF –WAY — F__- - — — I — — I — N 89'01'15" E S.W. WALNUT STREET 0 N LEGEND r /�% PARCEL I – RIGHT –OF –WAY DEDICATION t i / /, AREA - 1001 SQ. FEET MORE OR LESS 1!<!/ PARCEL II – PERMANENT SLOPE EASEMENT ` AREA – 951 SQ. FEET MORE OR LESS SCALE 1 " =20' I ' ' ' ' PARCEL III – TEMPORARY CONSTRUCTION EASEMENT ■ ■.. - -., AREA – 500 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 172 1 ROW –EASE. DWG F t� TT T 155735WBANGYROAD,STE3o0 11015 S.W. WALNUT STREET DATE 1 I \ \ / \V/ LAKE O SWEGO, OREGON 97035 TIGARD, OREGON 22May03 NW 503.968.6655 www.ccsnw.com TAX MAP 2S1 03AA TAX LOT .301 FIGURE Permanent Slope Easement/ Hintz.25 / Page 4 of 4