2007-099508 Washington County, Oregon
2007 099508
RETURN RECORDED DOCUMENT TO: 09/14/20 ' :02:18 AM
CITY HALL RECORDS DEPARTMENT, D - E, Cnt =1 Stn =16 D HOFFMAN
CITY OF TIGARD $20.00 11.00 • Total = $36.00
,No 13125 SW Hall Blvd.
(� Tigard, OR 97223
� ` INDIVIDUAL I, Richard Hobe m 1 h 6 Director 00995080040047
Taxation and Ex- Officio County Clerk for Washington x?U
File No 0459B County, Oregon, do hereby certify that the within 37,A,j
Instrument of writing was received and recorded In the
book of records of said cou W.. k
EASEMENT �rd
Richard Hobemicht, Director of As ands;'
PUBLIC UTILITY & SLOPE EASEMENT Taxation, Ex -Officio County Clerk
PERMANENT Space above reserved for Washington County Recording Information
Michael O'Conner 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 $ 2,184.00 . 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, his heirs, successors, assigns or representative shall not construct
or maintain any building or other structure upon the real property describe in Exhibit "A" prior to receiving written approval by the City
Engineer or his/her designee. The Grantor, his heirs, successors, assign 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
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, I hereunto set my hand on this Z ? day of JN H e- , 2007.
Michael O'Conner
10800 SW Walnut Street, Tigard, Oregon 97223 10800 SW Walnut Street, Tigard, Oregon 97223
Tax Statement Mailing Address Mailing Address
STATE OF OREGON )
) ss.
County of Washington ) ��
This instrument was acknowledged before me on ( 4 l.( ?i / 2007 by: 7f I t% e?../ L
Michael 0' Conner.
OFFICIAL SEAL
Pi DAVID FEINAUER
a I,
vc NOTARY PUBLIC OREGON t
CrIM t
Notary's Signature
d,ISSION NO. 418381
MY COMMISSION XPIRES JUNE 14. 2011 My Commission Expires:
Accepted on behalf of the City of Tigard this ? J' day of 40IJ 4, 5+ , 2007.
rr' Engineer
NO CHANGE IN TAX STATEMENT
P' \Walnut Street Phase 2\Parcels \O'Conner(Lowry.34) \OFFER PACKET\Public Utility & Slope Easement.doc
• EXHIBIT A-
September 4, 2003 Map-and Tax Lot No. 2S103AA -01700
Walnut Street, 116' Avenue to Tiedeman Ave. 10800 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 Harold G. and Margaret A. Lowry, recorded in Document No.
2000014364, 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 +1432 (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 l:0 °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 700 square feet, more or less.
PARCEL II (PERMANENT SLOPE & UTILITY EASEMENT)
A.parcei 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 Harold G. and Margaret A. Lowry, recorded in Document No..
2000014364, Washington County Records, the said parcel being that portion of said property
included in .a strip =of land 35.00 feet wide, parallel With :and southerly to the described centerline
of the proposed .re- alignment of S.W. Walnut Street, which centerline is described in Parcel I.
P. \Walnut Street Phase 2 \ Parcels \O'Conner(Lowry 34) \OFFER PACKET\Public Utility & Slope Easement doc
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 350 square feet, more or less.
/ 1 721 /WP /SURVEY/LEGALS /SOUTH /03AA — 01700.doc
7tii �9�TEFED
PROFESSIONAL
._Ali.® SURvEYO'4
010A.1
OREGON
)A ARY 18, 1994
ANTHONY • •
R. WELLER
2649
• ( (C)/ /fly'
•
P' \Walnut Street Phase 2\ Parcels \O'Conner(Lowry.34) \OFFER PACKET' Public Utility & Slope Easement.doc
I I
EXHIBIT A
1
&4917.05-
S.W. WALNUT STREET L =236.55'
R= 275.00'
PC =33 +92.44 CH =N 66'20'13" W
229.32'
N 89'01'15" E
—I — — — I —
33 +00 33 +50 34+00
EXISTING 4= 1'00'50"
(-RIGHT -OF -WAY 33 +97.45 L =4.34'
19.96 R R= 245.00'
33 +27.08 PROPOSED 33 +92.44 CH =S 89'31'40" W
RIGHT —OF —WAY 30.00 R 4.34'
• 20.00R� —
— — — / • — — 3 0.00 R 1
33 / � / 33 OpR 4
30.00 0.00 R
R ■
33 +26.63 ��� ����� �� �
35.00 R � �� �� i � �AL� �� ��A. a ... � �
— 33 +92.44 3 3 +97.16 — — — — —
33 +26.48 35.00 R 40 R
40.00 R PROPOSED
SLOPE & UTILITY 0=0•59'56"
EASEMENT L =4.18'
TEMPORARY R =240.00' 40'59'00"
CONSTRUCTION CH =N 89'31'13" E ' L =4.03'
EASEMENT 4.18' R =235.00'
33 +92.44
40.00 R CH =N 8910'45" E
4.03'
10800 S.W. Walnut St.
Doc. No. 2000014364
LEGEND '
PARCEL I — RIGHT —OF —WAY DEDICA
AREA — 700 SQ FEET MORE OR LESS
• - N PARCEL II — PERMANENT SLOPE & UTILITY EASEMENT
.��� AREA — 350 SQ. FEET MORE OR LESS
SCALE 1 " =20'
.'.'. PARCEL III — TEMPORARY CONSTRUCTION EASEMENT ..� • „
I ... AREA — 350 SQ. FEET MORE OR LESS 20 1 0 0 20
i
1 J.N. 1721
1721ROW— EASEDWG
S DATE
755 73 SW BANGY ROAD, STE 300 10800 S.W. WALNUT STREET 2 2May03
LAKE 8.6655 , OR EGON 97035 W. OREGON
503 www.cesnw.com TAX MAP 2S1 03AA TAX LOT 1700 FIGURE
P: \Walnut Street Phase 2\Parcels \O'Conner(Lowry.34) \OFFER PACKET\Public Utility & Slope Easement.doc