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2005-004559 RETURN RECORDED DOCUMF "' TO: • Washington County, Oregon 2005-004559 74 CITY HALL RECORDS DEPAR'. NT, 01/13/7 ' 09:05:42 AM ` D -E Cnt =1 Stn =13 I CASTILLO CITY OF TIGARD $15.00 $6.00 $11.00 • Total = $32.00 13125 SW Hall Blvd. Tigard, OR 97223 111111 I II Il II I 1111 11 Ili 110 Ill Il 00712949200500045590030034 I, Jerry Hanson, Director of Assessment and Taxation yr..., hPR and Ex- Officio County Clerk for Washington County, ar ;r,.y. :,,, Oregon, do hereby certify that the within Instrument of f 3 writing was received and recorded in the book of , h �: , :a g `� File No. records of said county. 1l, ,,�,, �; Tt Jerry R. Hanson, Director saessment and Taxation, ; Ex .Offlclo County Clerk EASEMENT PERMANENT SLOPE EASEMENT Space above reserved for Washington county recording information KNOWN ALL PEOPLE BY THESE PRESENT, that Gerald T. Nihill and Deanna Lynn Nihill hereinafter referred to as Grantors, in consideration of the sum of $271.00 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 WI - .SS WHEREOF, we her unt s t our hands on this day of , 2004. r - 09ANIMA.a...)� m Gerald T. Nihill Deanna Lynn Nihill " 11545 SW Walnut Street, Tigard, Oregon 97223 11545 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 b L _ � -- ..4: 7 , 2004, by Gerald T. Nihill and Deanna Lynn Nihill. / siZ464/ , � OFFICIAL SEAL ► - N R. POOL t' • ry s Signature NO TARY PUBLIC •OREGON My Commission Expires: J /g0 /2004, r CO MMISSION NO.352895 Ves i IbMY COMMI SSION EXPIRES JANUARY 30, 2006 . Accepted on behalf of the City of Tigard this 20 'CI— day of PC-mot 10e e 2 4. City l._ineer Permanent Slope Easement/ NihiII.03 / Page 1 of 4 I i l l ll l l ll l l. l 1 111 {1111 {I 2005 -4559 EXHIBIT A November 22, 2004 Map and Tax Lot No. 2S 103BA -00201 Walnut Street, 116` Avenue to Tiedeman Ave. I 1 545 S.W. Walnut Street City of Tigard, Project No. 0459B PARCEL 11 (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 Gerald T. and Deanna Lyn Nihill, recorded in Document No. 97017196, 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 the." 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.I0 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 of49 °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 CENTERL Ir4E r : F _`''" R ` Q • T- EIONAL From 13+50 37.00 feet; �' / `� '� VE j To 13 +72.69 ��6,;17 Mgr From 13 +72.69 37.00 feet ' • To 13 +72.69 to 30.00 feet; s c /4:670 Except therefrom that portion of said tract lying within the right -of -way of S.W. Walnut Street and Parcel I. The area of land to which the Parcel II description applies contains 123 square feet, more or less. / 1721IWP!SURVEY /LEGALS /NORTH /03 ©A 00201 doe Permanent Slope Easement/ Nihill.03 / Page 2 of 3 I IIIII IIioiII II I II II I I d 2005 -4559 1' EXHIBIT A . 11545 S.W. Walnut St. Doc. No. 97017196 PROPOSED SLOPE do UTILITY TEMPORARY 14 +43.71 EASEMENT 35.0C L 13+77.69 CONSTRUCTION 42.00 L EASEMENT I -- 1347169 13 +56.93 37.00 L 42.00 L' 13 +77.69 , / - - ' ' � -- _ ------- r. 35.00 L , 13+55.84 / r. '.' ' • - . :�• / r � '' �� .' .. ; ;- "-'i .' -- 14 +41.55 ?'., ;•',' 25.00 L v . '2 // %i' �10' 1-4 13+72.69 V! ,:', , !, lk 30.00 L EXISTING � p � - _ 17' 12 5 RIGHT -OF -WAY 14-i� - 13+54.33 30.00 L PROPOSED RICHT -OF -WAY 14 + f / 13+ _ 00.2 L �_ - n E 13 + .---------- -- N 78.2A NUT S I R - ST � S w - W LEGEND PARCEL I - RIGHT -OF -WAY DEDICATION f' AREA - 442 SQ. FEET MORE OR LESS PARCEL II - PERMANENT SLOPE & UTIUTY EASEMENT : `;` AREA - 123 SQ. FEET MORE OR LESS SCALE 1' =20' PARCEL III - TEMPORARY CONSTRUCTION EASEMENT ∎ . . . . AREA - 469 SO. FEET MORE OR LESS 20 10 0 20 J.N. 1721 1721 ROW - EASE.DWG .. DATE (CE w T4 ► T 15573 O BANGYaoAD SC 300 11545 S.W. WALNUT STREET 18No�04 LAKE J {ll`�l V`v / o OREGON 97015 251 03 nGARO. OREGON 503.968.6655 mwa:.cunw.cvm TAX MAP Et0. TAX LOT 201 FIGURE J Permanent Slope Easement/ Nihi11.03 I Page 3 of 3