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2004-092166 RETURN RECORDED DOCt'ENT TO: / M Washington County, Oregon 2004-092166 ti CITY HALL RECORDS DT TMENT, Y10/2004 09:04:26 AM CITY OF TIGARD E 0 - Stn =13 I MESA $20.00 $6.00 $11.00 Total = $37.00 13125 SW Hall Blvd. Tigard, OR 97223 00 633562200400921660040043 I, Jerry Hanson, Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County, ,;/—_,„,, N Oregon, do hereby certify that the within Instrument of s;�,�;3�. „� `� writing was received and recorded In the book of Gcf: File No. 0459B records of said county. 4` -,,,�� `. t Jerry R. Hanson, Director seesament ent and Taxation, � • 4 Ex -Officio County Clerk EASEMENT PERMANENT SLOPE EASEMENT Space above reserved for Washington County recording information KNOWN ALL PEOPLE BY THESE PRESENT, that Thomas L. Myers and Diane E. Myers hereinafter referred to as Grantors, in consideration of the sum of $3,481.00 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, conveys 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 Grantors, their 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 Grantors, their 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. 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. IN WITNESS WHEREOF, we hereunto set our hands on this Zlo - day of ��/ , 2004. =hum ,o.t/A - / - Thomas L. Myers Diane E. Myers , 11325 SW Walnut Street, Tigard, Oregon 97223 11325 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 7/2614 (date) by Thomas L. Myers d Diane E. Myers. ... OFFICIAL SEAL / OV y e r-ve .l- NATHAN H. POOL 4 ' � N OTARYPUBLIC- OREGON ' rotary's Signature -" — — — — - SON NO. 35 S95 My Commission Expires:_ 2 ©D . , i MY COMMISSION EXPIRES JANUARY 30, 2006 ret Accepted on behalf of the City of Tigard this 3 day of -'i I- , 2004. Q --1°•. fa , City n ineer Permanent Slope Easement/ Myers.14 / Page 1 of 4 1111111111111111111 III . 2004 -92166 EXHIBIT A October 3, 2003 Map and Tax Lot No. 2S103AB -00401 Walnut Street, 116` Avenue to Tiedeman Ave. 11325 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 Thomas L. and Diane E. Myers, recorded in Book 1190 Page 908, 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 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 798 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 Thomas L. and Diane E. Myers, recorded in Book 1190 Page 908, Washington County Records, the said parcel being that portion of said property included in a strip of land of variable width, lying northerly to the centerline of the proposed re- alignment of S.W. Walnut Street, which centerline is described in Parcel I. The widths in feet of the strip of land above referred to are as follows: Permanent Slope Easement/ Myers.14 / Page 2 of 4 IIIIM i ii i ii1 i i i • 2004-92166 STATION WIDTH ON NORTHERLY SIDE OF CENTERLINE From 19 +56.95 41.00 feet; To 20 +17.81 From 20 +17.81 41.00 feet To 20 +17.81 to 34.00 feet; From 20+17.81 34.00 feet. To 20 +50 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 H description applies contains 793 square feet, more or less. / 1721 /WP /SURVEY/LEGALS/NORTl1/03AB 00401.doc REGISTERED PROFESSIONAL ids SURVEYO M&I!i OREGON RITHONY Y RW O . .649 &KOS //4 Permanent Slope Easement/ Myers.14 / Page 3 of 4 i iiiiii lilt III III III 2004 -92166 / EXHIBIT A 11325 S.W. Walnut St. BOOK 1190 PAGE 908 PROPOSED TEMPORARY EASEMENT SLOPE CONSTRUCTION EASEMENT EASEMENT 6=0818'12" 20 +17.81 L =66.81' 41.00 L1 6= 08'07'35' R= 461.00' 20 +15.81 1 20 +22.81 L =64.68' CH =N 84'52'09" E 46.00 L 46.00 L R= 456.00' 66.75' 20 +22.81 CH =N 84'57'27" E 20 +15.81 39.00 L 64.62' 41.00 L 20 +36.04 19 +55.67 20 +1781 39.00 L 34.00 L 46.00 L - -- r - 20 +38.26 -z - 34.00 L - - eeieie * 0i 19 41.00 L ,.ye / 1.00 L / / / / /jj� / / 4 - 19 +59.87 30.00 L 20 +15. 19 +.4 6= 7 20 +44.45 2 19 1. 4- 8 7 7 7. 1 46 1.87 77 L 6 L= 60.00' 30.00 L 20.00 L 19 +62.47 R =445.00' 20 +40.03 f 20.69 L PROPOSED RIGHT -OF -WAY CH =S 85'09'30" W 30.00 L EXISTING 59 20 +50 RIGHT -OF -WAY 20 0O - - -t-- 19+5o - - N 89'01'15" E 6 = 10'35 '36" x. 39 L =46.730. S.W. WALNUT STREET N 76 CH =S 83'43'27" W 76.62' _ _ i r I LEGEND it P ARCEL I - RIGHT -OF -WAY DEDICATION / �! AREA - 798 SQ. FEET MORE OR LESS n PARCEL II - PERMANENT SLOPE EASEMENT v AREA - 793 SQ. FEET MORE OR LESS SCALE 1 " =20' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT . . . . AREA - 470 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1 21ROW- EASE.DWG J / DATE CE S T 15573SWSANGY ROAD, STE30o 11325 S.W. WALNUT STREET 22M0y03 1 \ LAKE OSWEGO, OREGON 97035 11GARD, OREGON 503.968.6655 www.cemm.eom TAX MAP 251 03AB TAX LOT 401 FIGURE Permanent Slope Easement/ Myers.14 / Page 4 of 4