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2004-035936 � 1, (,0 . RETURN RECORDEDDOCUMF' TO: WashIngton County, Oregon 2004-035936 1 (.;,- CITY HALL RECORDS DEPAL NT, (" 10:27:51 AM I Cnt =1 Stn =19 K BARNEY c 1/ ,r Lb CITY OF TIGARD ,_ . o $8.00 S11.00 • Total = S42.0 o /12 13125 SW Hall Blvd. Tigard, OR 97223 00560515200400359360050058 I, Jerry Hanson, Director of Assessment and Taxation , ,., ,, and Ex- Officio County Clerk for Washington County, v Oregon, do hereby certify that the within instrument of (rdr—\ `, File No. Q 1 ( L Q writing was received and recorded in the book of , l:Xy�, J� ( records of said county. �` Jerry R. Hanson, Director mm 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 Marvin T. Lindquist and Jacki S. Lindquist, as tenants by the entirety, hereinafter referred to as Grantors, in consideration of the sum of $ 2,174.00 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, convey 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 fords 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—.2 day of , 2 004. , , ,,,.„.._... _ I 4 , Marvin T. Lindquist Jac .Lindquist 12070 SW Turnstone Avenue, Beaverton, OR 97007 11565 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 .9 12 1 , 2004 by Marvin T. Lindquist and Jacki S. Lindquist. ' A /�� • ------ ,e OFFICIAL SEAL °�tary'S Signature ,� ;_" NATHAN R. P00L t : . — - '• - NOTARY PUBLIC - OREGON / COMMISSION N0.352895 My Commission Expires: tae Z�4 �t , l' MY COMMISSION EXPIRES JANUARY 30, 2006 rA Accepted on behalf of the City of Tigard this 2 day of eA P P i l , 2004. Q P- Permanent Slope Easement/ Lindquist.02 / Page 1 of 5 EXHIBIT A October 8, 2003 Map and Tax Lot No. 2S I03BA -00300 Walnut Street, 116` Avenue to Tiedeman Ave. 11565 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 Marvin T. and Jacki S. Lindquist, recorded in Document No. 91024813, 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 12 +00 56.64 feet; To 12 +37.79 From 12 +37.79 56.64 feet; Said point being on the easterly right -of -way line of S.W. 116 Avenue (25 feet east of the centerline of S.W. 116 Avenue); along the arc of a 22.00 foot radius curve to the left, an arc distance of 39.24 feet through a central angle of 102°11'10" (the long chord of which bears South 50 °28'47" East a distance of 34.24 feet); Permanent Slope Easement/ Lindquist.02 / Page 2 of 5 1111111111111111111111111111 2004-35936 II1IlI lIIIIIIIt 1111 1111111 , 2004 -35936 To 12 +59.29 30.00 feet; From 12 +59.29 30.00 feet. To 13 +75 Except therefrom that portion of said tract lying within the existing right -of -way of S.W. Walnut Street and S.W. 116 Avenue. The area of land to which the Parcel I description applies contains 703 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 to Marvin T. and Jacki S. Lindquist, recorded in Document No. 91024813, 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 From 12 +00 65.69 feet; To 12 +39.74 From 12 +39.74 65.69 feet; Said point being on the easterly right -of -way line of S.W. 116 Avenue (25 feet east of the centerline of S.W. 116 Avenue); To 12 +46.58 64.22 feet; From 12 +46.58 64.22 feet To 12 +44.63 to 55.17 feet; From 12 +44.63 55.17 feet; along the arc of a 15.00 foot radius curve to the left, an arc distance of 26.75 feet through a central angle of 102°11'10" (the long chord of which bears South 50 °28'47" East a distance of 23.54 feet) To 12 +59.29 37.00 feet; From 12 +59.29 37.00 feet. To 13 +75 Permanent Slope Easement/ Lindquist.02 / Page 3 of 5 Except therefrom that portion of said tract lying within the existing right -of -way of S.W. Walnut Street and S.W. 116 Avenue, and Parcel I above. The area of land to which the Parcel II description applies contains 966 square feet, more or less. / 1 72 1 /WP /SURVEY!LEGALS/NORTH /03BA 00300.doc _ REGISTERED PROFESSIONAL 1 1 ' NOD SURVEYO' p r Mi g! ‘ MI �t}REGQN RY 18, 1993 'ANTHONY R- W ELLER 2619 )-Q)14 q ° + ! I IIII111111111 II II III 004 -35936 Permanent Slope Easement/ Lindquist.02 / Page 4 of 5 i EXHIBIT A I 11565 S.W. Walnut St. I 12 +40.80 Doc. No. 91024813 70.58 L 12 +46.58 TEMPORARY 64.22 L CONSTRUCTION 12 +52.53 EASEMENT 68.05 L 12+49.52 4 102'11'10' 13 +56.93 11 L L 54..11 12 +39.74 7 4.: A= 102'11'10` R= 10.00' SLOPE & UTILITY 13 +55.84 � L= 26.75' •�� ..I CH =S 50'28'47 E EASEMENT 37.00 L -- R= 15.00' 15.56 . �` . 12 +37.79 ♦ 1 1 CH =S 5078'47" E ` + '. 56.64 L ., 23 . 3 4' � r . W 12 +59.29 =� . Z 12 +44.63 ♦' I L �. r ' • j j , / W , 55.17L ` l . . �: • • . /// iik Q % .' • / � //� 13+54.33 H \ f • >, \; / /11 / � � \ 30.00 L CD i ' 13 +53.24 A j ,' � j �/ 5• 12' 17 25.00 L 12+30. / / / //' 12 +5929 EXISTING Q, 25.00 L 37.00 L RIGHT —OF —WAY g0 C. 12 +59.29 PROPOSED 13+ — fl. 102,11,10" 30.00 L RIGHT —OF —WAY L= 39.24' 1 34.00 R= 22.00' ____---t! CH = 34.248 47` E E. ,39 1245 -- N 7a 25 WPB -NUT STRE w SW LEGEND + _ — j /// PARCEL I — RIGHT —OF —WAY DEDICATION AREA — 703 SQ. FEET MORE OR LESS }, PARCEL II — PERMANENT SLOPE & UTILITY EASEMENT 1/ z' >` AREA — 966 SQ. FEET MORE OR LESS SCALE 1" =20' PARCEL III — TEMPORARY CONSTRUCTION EASEMENT I � '.'.'.'. AREA — 736 SQ. FEET MORE OR LESS 20 10 0 20 J.N. 1721 ` 1721 ROW — EASE.DWG C E S NW 155735WBANGYROAD,SIE300 11565 S.W. WALNUT STREET DATE LAKE oSWEGO, ROAD, S E 300 TIGARD, OREGON 22May03 503.968.6655 www.cesnw.com TAX MAP 2S1 03BA TAX LOT 300 FIGURE III Ill IIII1111 lilt 1111111 Permanent Slope Easement/ Lindquist.02 / Page 5 of 5 2004 -35936