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2004-083286
Washington County, Oregon 2004-083286 07/20/2004 03:00:29 PM . RETURN RECORDED DOCU .T TO: a Cnt =1 stn •19 K BARNEY CITY HALL RECORDS DEPARTMENT, $15.00 $6.00 $11.00 $2.00 • Total = $34.00 `CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 00621707200400832860030034 I, Jerry Hanson, Director of Assessment and Taxation ,..v , a and Ex- Officio County Clerk for Washington County, ', Oregon, do hereby certify that the within instrument of 0 Y fY ' r }ryr" ' writing was received and recorded in the book of 7: ,, 00556 records of said county.' " '� �SAr File NO Jerry R. Hanson, Director essssment and Taxation, L,� ,�*C Ex Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT Space above reserved for Washington County recording information Blessilda S. Juanson and Tomasito M. Juanson, 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 $1,515.00. 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 Q• day of 2e4.44--C., , 2004. e _c P M 4sildaSJ uanso 9 14-4:*4"."\-- To a Ju. son 10860 SW Walnut Street, Tigard, Oregon 97223 10860 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 2004 by Blessilda S. Juanson and Tomasito M. Juanson. . f . Q '....,, COMMISSION OFFICIAL SEAL / - �� !• / N ATHAN R. POOL ju ry's Signature - '' ° NOTARY PUBLIC - OREGON V I+10. 352895 My Commission Expires: //3 D Z OD,( �' : " COMMISSION EXPIRES JANUARY 30, 2006 / Accept on [Denali of the City of Ti this 7 © day J � ! , 2004. Cit E gineer NO CHANGE IN TAX STATEMENT Public Utility & Slope Easement / Juanson.31 / Page 1 of 3 ' IIIIIIII IIIIIIIIIIII 1 EXHIBIT A July 23, 2003 Map and Tax Lot No. 2S 103AA -01500 Walnut Street, 116 Avenue to Tiedeman Ave. 10860 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 Blessilda S. and Tomasito M. Juanson, recorded in Document No. 93022336, 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 824 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 Blessilda S. and Tomasito M. Juanson, recorded in Document No. 93022336, Washington Records, the said parcel being that portion of said property included in a strip of land 37.00_feet wide, parallel with and southerly to the centerline of the oronosed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I. Except therefrom that portion of said tract lying within the existing right -of -way of S.W. Walnut Street and Parcel 1 above. The area of land to which the Parcel II description applies contains 577 square feet, more or less. /1721 /WP /SURVEY /LEGALS /SOUTH /03AA 01500.doc ° , -`.� °'"`-.�. _ - REGISTERED PROFESSIONAL 1 AND SURVEYOP4 m:t-- V J REG Ott !; JANUARY 18,:1994 °l ANTHONY R. Wt11.ER 2649 e..ws 6/ e' /b`i- Public Utility & Slope Easement ! Juanson.31 / Page 2 of 3 Il I I I II I UhIl''I II liI I!I 2004 -83286 EXHIBIT A S.W. WALNUT STREET N 89'01'15" E — '- I ~" I 32+ 0 31+50 32 +00 32+ 44.61 EXISTING 20.00 R RIGHT -OF -WAY c•4 31 +62.20 PROPOSED 22' 17' 10' - 20.00 R RIGHT -OF -WAY / ` /�� / /r // � ,� „/ // / / // 32+44.31 31 +61.90 / // j./ ����� �� / � � � 30.00 R /� /�/� /� / /i. / /,, ' / ,/ 30.00 R \i j Xf%,\�X\ 1 ` /�� \/" '� iy■71`!,i \nom �_ � -•-r - '•.�'. .j' "y +� `� -31+61.6 32 +44.10 -_ 37.00R 37.00 R \31 +61.53 PROPOSED 32 +43.95 4200 R SLOPE & UTILITY EASEMENT 42.00 R TEMPORARY CONSTRUCTION EASEMENT 10860 S.W. Walnut St. Doc. No. 93022336 LEGEND / /j PARCEL I - RIGHT -OF -WAY DEDICATION AREA - 824 SQ. FEET MORE OR LESS J' PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT Y�\� AREA - 577 SQ. FEET MORE OR LESS SCALE 1" =20' '.'.' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT AREA - 412 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721 ROW- EASE.DWG E ( � lJ NW 15573 SW RANGY ROAD, 5TE 300 10860 S.W. WALNUT STREET O w 22Ma22%3)/03 3 ��JJ 503.968.6655 ww.cesnw.com TAX MAP 2S1 03AA TAX LOT 1500 FIGURE Public Utility & Slope Easement / Juanson.31 / Page 3 of 3