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2004-092163 • Washington County, Oregon 2004-092163 RETURN RECORDED DOC AT TO: 111012004 09:04:26 AM Cnt =2 Stn =13 I MESA CITY HALL RECORDS DEPAATMENT, $15.00 $5.00 $6.00 $11.00 • Total a $37.00 CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 633540200400921630 30030 I, Jerry Hanson, Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County, Oregon, do hereby certify that the within instrument of ,' ,. A writing was received and recorded in the book of p� �;,� File No Ogsq b records of said county. S0r Jerry R. Hanson, Director sment and Taxation, :tit V Ex -Officio County Clerk EASEMENT PERMANENT PUBLIC UTILITY AND SLOPE EASEMENT pace a. ove reserve. or "as rington ounty reco • Ong in ormation Edward D. Fackler and Colene K. Fackler, 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 $928.00. 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. p IN WITNESS WHEREOF, we hereunto set our hands on this i V day of i• , 2004. " � Edward D. Fackler Colene K. Fackler 11030 SW Walnut Street, Tigard, Oregon 97223 11030 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 NkLU1 e. 1 �j 2004 by: Edward D. Fackler and Colene K. Fackler OFFICIAL SEAL ®E ANN II FRANKLIN Notary's Signature • NOTARY PUBLIC - OREGON My Commission Expires: /n 1,1005 COMMISSION NO. 345213 MY COMMISSION EXPIRES MAY 7, 2005, Accepit — ct behalf of'the e• I o f this 0 day of ' I ` T , 2004. City E _It-er Public Utility & Slope Easement / Fackler.24 / Page 1 of 3 • • 11111111 I ' 2© ©1 111111 lily 11 II 11111 EXHIBIT A July 23, 2003 Map and Tax Lot No. 2S 103AA -00801 Walnut Street, I l6' Avenue to Tiedeman Ave. 11030 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 Edward D. and Colene K. Fackler, recorded in Document no. 92093207, 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 949 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 Edward D. and Colene K. Fackler, recorded in Document no. 92093207, 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. 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 760 square feet, more or less. /1721 /WP /SURVEY /LEGALS /SOUTH /03AA 00801.doc RE CidSTE: ^ ED PROFESSIONAL sA p SURVEYOR - - - - -- •. _._ YAM: 'Y 1 8, 1 994 aNTHONT R. WEL Ett 2649 ileilizAic 6/53/61 Public Utility & Slope Easement / Fackler.24 / Page 2 of 3 s lilllll IIII I I II it III — 92163 EXHIBIT A S.W. WALNUT STREET N 89'0115" E ~ 27+00 — 26+50 27 27 +50 EXISTING RIGHT –OF –WAY to 26 +67.01 PROPOSED 10' 18' 23' Q 27 +61.95 20.00 R RIGHT –OF –WAY 3 3 I /20.00 R ' %% % /// � / 27 +61.65 26 +66.71 .' ./' - / /�i /' / /i��77/7/7/7%;/;//-7:0-71//,/,>>'.'%% / %!/ /�/ %/ /; / // // / / 30.00 R 30.00 R ; %��% . � % %: j .� /';::: i / ! / /�� ! ' � � ` lA \ ^ � � ‘)/ . < � � ' y � } -. >,. fi - n ^ � ,x" '\ f 27+ 61.R41 26 +66.46 6 +66.31 27 +61.26 38.00 R 43.00 R PROPOSED 43.00 R TEMPORARY SLOPE & UTILITY CONSTRUCTION EASEMENT EASEMENT 11030 S.W. Walnut St. Doc. No. 92093207 LEGEND It PARCEL I – RIGHT –OF –WAY DEDICATION J <" / AREA – 949 SQ. FEET MORE OR LESS I 2. PARCEL II – PERMANENT SLOPE & UTILITY EASEMENT ,', l• AREA – 760 SQ. FEET MORE OR LESS SCALE 1 " =20' - PARCEL III – TEMPORARY CONSTRUCTION EASEMENT 1•■•••_. . . . AREA – 475 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721 ROW – EASE.DWG C DATE " C r L (+ J NW 155735WB ROAD, 1 1030 S.W. , OREG STREET 22May03 503.968.6655 EGO OREGON 97035 TIGARD OREGON 503.99 68.6655 www.cesnw.com TAX MAP 2S1 03AA TAX LOT 801 FIGURE Public Utility & Slope Easement / Fackler.24 / Page 3 of 3