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2005-052005 I ' WashIrr County, Oregon 2005-052005 RETURN RECORDED DOCUMENT Tl,. 051101. 19:27:06 AM •1 ° D -E Cnt =1 Stn =7 K GRUNEWALD CI CITY HALL RECORDS DEPARTMENT, $20.00 $6.00 $11.00 - Total = $37.00 Y CITY OF TIGARD `. Tigard, OR 97223 Blvd. 00767228200500520050040042 Corporate i, Jerry Hanson, Director of Assessment and Taxation h. and Ex- Officio County Clerk for Washington County, 4 , Oregon, do hereby certify that the within Instrument of °,l,� ° d File No. 0459B writing was received and recorded In the book of 4.' ; - ' *1 :r . 9 records of said county. ° ' EASEMENT Jerry R. Hanson, Director ssessment and Taxation, Ex -Officio County Clerk PERMANENT SLOPE EASEMENT Space above reserved for Washington County recording information KNOWN ALL PEOPLE BY THESE PRESENT, that School District Number 23J, Washington and Clackamas Counties, Oregon, also known as SCHOOL DISTRICT #23J (Tigard) Washington County, Oregon, hereinafter referred to as Grantor, in consideration of the sum of $7,227.00 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 Grantor, its 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, its 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 , - . o • Me , 2005. School District No. 23J di�,� Name of Corporation Ra 6y J. Ha , 1 irector of I perations 6960 SW Sandburg St, Tigard, Oregon 97223 11695 SW , . ut Street Ti! : d Ore . on 97223 Tax Statement Mailing Address (if different) Property Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on q t G (date) by Randy J. Harvey, as the Director of Operations of School D strict Nu 23J. aw n.. OFFiCIAL SEAL 1 CA s (I ,• 4--:;.:7,"% r JULlEa FERGUSON ! ) Nota 's Signature t „�;...:: NJTARY , UBLIC - OREGON G� tr ) ` COMMISSION NO. 363746 9 M Commission Expires : lq , o �y c�l 0 `i i , MY COMMISSION EXPIRES JANUARY 24, 2007 9 t rtC. • Accepted on behalf of the City of Tigard this I J d ay of A I 1 , 20 . City r0neer Permanent Slope Easement/ School Dist 23J.20 / Page 1 of 4 ` I II L 111111 II I LI I 11111 • 2005 -52005 EXHIBIT A October 8, 2003 Map and Tax Lot No. 2SI03AB -00100 Walnut Street, 116 Avenue to Tiedeman Ave. 112095 S.W. Walnut Street City of Tigard, Project No. 0459B PARCEL I (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 School District No. 23J, recorded in Document No. 85038334, 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 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. The widths in feet of the strip of land above referred to are as follows: STATION WIDTH ON NORTHERLY SIDE OF CENTERLINE From 22 +00 48.61 feet; To 22 +19.39 From 22 +19.39 48.61 feet To 22 +30.27 to 41.00 feet; From 22 +30.27 41.00 feet; To 22 +73.39 From 22 +73.39 41.00 feet To 22 +90.66 to 35.00 feet; Permanent Slope Easement/ School Dist 23J.20 / Page 2 of 4 IIIII 1111111 111111111 II III 2005 -52005 From 22 +90.66 35.00 feet To 23 +37.47 to 30.00 feet; From 23 +37.47 30.00 feet; To 24 +30.01 From 24 +30.01 30.00 feet To 24 +30.01 to 33.47 feet; From 24 +30.01 33.47 feet To 25 +51.39 to 36.46 feet; From 25 +51.39 36.46 feet To 25 +68.72 to 40.00 feet; From 25 +68.72 40.00 feet; To 26 +17.99 From 26 +17.99 40.00 feet To 26 +17.99 to 35.50 feet; From 26 +17.99 35.50 feet. To 27 +25 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 2628 square feet, more or less. / 1721 /WPiSURVEY /LEGALS /NORTH /03AB_00100.doc - - f._. ....- REGISTERED PROFESSIONA ND RVEY' 0 _ OREGON ,I• My le, 9994 ANTHONY R. WILL ER 2649 &Al\dgg (07 Permanent Slope Easement/ School Dist 23J.20 / Page 3 of 4 IlII 111111 IhiLl II Ii III ,2005 -52005 EXHIBIT A 11095 Walnut St. TEMPORARY Doc. No. 85038334 z CONSTRUCTION PROPOSED 22 +19.39 22 +24.39 EASEMENT 66.81 L-\ /66.36 L SLOPE /' - - 22 +24.39 EASEMEN T 22 +74.23 z / �� L 46.00 L 22 +31.84 24 +25.01 46.00 L 22 +91.76 24 +25.01 38,35 L 39.91 L 23 +37.74 35.00 L +2 +19.39 -.- -_ _ .� (35.00 L - - 48.61 L + r, t / - - - r. , C �/.._ x' .. Tom :. .... _ , _ r Q /� . _ r-..24 +30.01 24 +30.01 22 + 73.39 22 +30.27 41.00 L 41.00 L 22 +90.66 23 +37.47 EXISTING 30.00 L 33.47 L 22 +19.39 35.00 L 30.00 L RIGHT -OF -WAY 30 -00 L ° 22 +00 22 +50 R 23 +00 - 23 +50 - 00 - 1- 0 ___ - --1----- - --- -- N S 89'01'15 W S.W. WALNUT STREET u 11095 Walnut St. W Doc. No. 85038334 z TEMPORARY PROPOSED x CONSTRUCTION SLOPE a (-EASEMENT 25 +08.21 EASEMENT M 45.00 L 26 +22.99 25 +50.82 45.00 L 26 +22.99 27 +08.70 7 +05.70 41.45 L - -.- - 40.50 L - 40.50 L - 35.50 L : - x x' X .'T'� LX' �X A ^ �A ,fix' x X , , 7' 26 +17.9926 +17.99 27 +08.70 366.46 . L 25 +68.72 25 40.00 L 35.50 L 30.00 L L (.,, 40.00 L 0 25 +00 25+50 26 +00 26 +50 - 50 27+00 I- -I- -I - I 5 8901'15" W EXISTING N RIGHT -OF -WAY ° I S.W. WALNUT STREET LEGEND Ix PARCEL I - PERMANENT SLOPE EASEMENT f\ AREA - 2628 SQ. FEET MORE OR LESS PARCEL II - TEMPORARY CONSTRUCTION EASEMENT I'- ' -'.'. AREA - 2575 SQ. FEET MORE OR LESS SCALE 1 " =40' J.N. 1721 40 20 0 40 1721ROW- EASE.DWG l DATE C E S NW 15573 SW RANGY ROAD, sTE 300 11095 S.W. WALNUT STREET 22May03 LAKE OSWEGO, OREGON 97035 TIGARD, OREGON 503.968.6655 8.6655 www.cuaw.com TAX MAP 251 03A8 TAX LOT 100 FIGURE Permanent Slope Easement/ School Dist 23J.20 / Page 4 of 4