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2004-121230 - - — • �� ! RETURN RECORDED DOCUMENT TO: Washington County, Oregon 2004_121230 J 9 CITY HALL RECORDS DEPARTN 101' X04 11:01:04 AM D•! Cnt =1 Stn =21 RECORDS1 CITY OF TIGARD $15.00 $6.00 $11.00- Total = $32.00 13125 SW Hall Blvd. Tigard, OR 97223 1 1111 11 II 1 111111 II 1111 11 1 1 00672091200401212300030033 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 J : ' ' Al File No. 0459B records of said county. A l�r Jerry R. Hanson, Director ases ament and Taxation, > Ex -Officio County Clerk EASEMENT PERMANENT SLOPE EASEMENT Space above reserved for Washington County recording information KNOWN ALL PEOPLE BY THESE PRESENT, that Vincent Thi hereinafter referred to as Grantor, in consideration of the sum of $15.00 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, shrub, brush, paving or other materials which it finds necessary or convenient to accomplish said purpose. 1 The Grantor, his 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, his 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 SS WHERE (4F, I h- eunto set my hand on this Z - day of , 2004. Vincent i 10975 SW Walnut Street, Tigard, Oregon 97223 10975 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 2 , 2004 by Vincent Thi. ______,d,eZ&t____ �_•�, OFFICIAL SEAL -� :, NATHAN R. POOL e/1.4*/ Si nature " NOTARY PUBLIC - OREGON g _ _ \ ': ir COMMISSION N0 5 My P Commission Expires: /�`Z 00 ,& IIIY COMMISSION EXPIRES JANUARY ANUARY 30, 2006 Accepted on behalf of the City of Tigard this I aa day of Say+4,.€' , 2004. Q............„ a,„ ,.....) f:)., Cityineer Permanent Slope Easement/ Thi.27 / Page 1 of 3 `/ II I I I 111111111IIII I I I III III 1 2(204- 121230 EXHIBIT A October 8, 2003 Map and Tax Lot No. 2S103AA-00300 Walnut Street, 116"' Avenue to Tiedeman Ave. 10975 S.W. Walnut Street City of Tigard, Project No. 0459B PARCEL. I_(DEDICATIQN) 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 Vincent Thi, recorded in Document No. 96014860, 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 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 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 1460 square feet, more or less. PARCEL II (PERMANENT SLOPE - EASEMENT) A parcel of landlying in that tract of real property in Section 3, Township 2 South, Range I West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being more particularly described in a Deed to Vincent Thi, recorded in Document No. 96014860, 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: STATION WIDTH - ON NORTHERLY'SIDE OF CENTERLINE From28+00 32:00 feet. To:28 +13.79 Except therefrom.that portion'ofsaid :tract lyitigwithin the exi_sting'rig ht -of- -way of S.W. Walnut Street and Parcel I above. Thearea- ofland:'to. which the Parcel:II description_applies 10 square feet; more or less. / 1721/ WP/ SURVE Y /LEGALS/NORTH /03AA00300:doc' :REGISTERED . -. PROFESSIONAL _ - a- , ;$URV,EY 1 '1; - - -_ -- .7 Gott .. ` 'SAN ' Y 1®. 1994 2649 Permanent Slope Easement/ Thi.27 / Page 2 of 3 . iiiiTi 11IIIIIIIIIl1I1111I111 2004- 121230 EXHIBIT A I 10975 Walnut St. I Doc. No. 96014860 1 28+08.79 TEMPORARY 8 8 CONSTRUCTION 44.50 . EASEMENT 28 +08.79 32.00 L PROPOSED TEMPORARY 28 +13.79 SLOPE 28 +58.81 CONSTRUCTION 32.00 L EASEMENT f 44.50 L EASEMENT 28 +58.81 29+54.81 35.00 L 35.00 L ---- \ \ «z ter. ■ .,, /7,/,' .1 28+13.79 29+54.81 28 +08.79 30.00 L 30.00 L 30.00 L PROPOSED N EXISTING 29 +54.72 28 +08.79 RIGHT -OF -WAY °- RIGHT -OF -WAY 20.00 L 20.00 L 29 +50 28 +50 29 +00 • N 89'0115' E S.W. WALNUT STREET N 0 LEGEND 41/4— _ _ PfJTl PARCEL I - RIGHT -OF -WAY DEDICATION / /// AREA - 1460 SQ. FEET MORE OR LESS + = PARCEL II - A ES RA - 10 SQ. SLOPE FEET OR LESS SCALE 1 ° =20' e :1 PARCEL III - TEMPORARY CONSTRUCTION EASEMENT �� AREA - 1195 SO. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721ROW- EASE.DWG E S TT A T 155731 BANGYROAD,STB30o 10975 S.A. WALNUT STREET DATE L J 1 \, V \ v / �� oS OttEGON 97035 TIGARD, OREGON 22May03 503 www .cesnw.co m TAX MAP 251 03AA TAX LOT 300 FIGURE Permanent Slope Easement/ Thi.27 / Page 3 of 3