2004-035934 4 Washington County, Oregon 2004.035934
'RETURN RECORDED DOCUMENT TO: ntio 8t2o04 1 0:27:51 AM
,CITY HALL RECORDS DEPARTMENT, cM=� ota BARNEY
r0 $6.00 $11.o0•Total = $37 .00
V/ CITY OF TIGARD
p 13125 SW Hall Blvd.
/ .� Tigard, OR 97223
00560510200400359340040042
I, Jerry Hanson, Director of A ment and Taxation •
and Ex-Officio County Clerk for Washington County, k
writing was ceived and recorded In the book m of J 9. '' ,
records of said county . +�:,'
File No 0459B
Jerry R. Hanson, Director sssssmsnt and Taxation, ��,..
Ex-Officlo County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recording information
Emma Alice Peterson, trustee, or her successors in trust, under the Peterson Living Trust dated March 3, 1994, and any
amendments thereto, a revocable living trust hereinafter called the Grantor, grants and conveys unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and
appurtenances, and for use as a slope to support or help to support the street or sidewalk construction on the adjacent real
property, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of
land described in Exhibit "A ", situated in the City of Tigard, Washington County, State of Oregon.
THE TRUE CONSIDERATION for this conveyance is $888.00. However, the actual consideration consists of or includes
other property or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly
stated in this easement, nor otherwise prevent Grantor from the full use and dominion thereover; provided, however, that
such use shall not interfere with the uses and purposes of the intent of the easement. The Grantor, its heirs, successors,
assigns or representative shall not construct or maintain any building or other structure upon the real property described in
Exhibit "A" prior to receiving written approval by the City Engineer or his/her designee. The Grantor, its heirs, successors,
assigns or representative 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 Engineer or his/her designee.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said
easement to be vacated, the right of the Grantee in the above - described easement will be forfeited and shall immediately
revert to the Grantor, its successors, and assigns in the case of such event. 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.
TO HAVE AND TO HOLD the above - described and granted premises unto said Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF, I hereunto set my hand on this 2 day of / Vt CF.4_'% , 2004.
Emma Alice Peterson, Trustee
710 Briercliff Lane, Lake Oswego, Oregon 97034 10770 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 21 / , 2004 by:
Emma Alice Peterson Trustee.
-,�
OFFICIAL NEnl.
,!. •=: NATHAN R. POOL t
NOTARY PUBLIC - OREGON e.ar/ s Signature
CO M MISSION NQ 352895 My C ommission Expires: I SO
�, 4� l 1 Z0o
MY COMMISSION EXPIRES JANUARY 30, 2006
Accepted on behalf of the City of Tigard this day of s49 I. I 2004.
City ineer
NO CHANGE IN TAX STATEMENT
Public Utility & Slope Easement / Peterson.35 / Page 1 of 4
. ‘ i ii i vu iv iiimi ii
2004 -35934
EXHIBIT A
July 23, 2003 Map and Tax Lot No. 2S 103AA -01702
Walnut Street, 116` Avenue to Tiedeman Ave. 10770 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 Emma Alice Peterson, trustee, or her successors in trust, under
the Peterson Living Trust, recorded in Document No. 94022057, Washington County Records,
the said parcel being that portion of said property included in a strip of land 30.00 feet wide,
parallel with and southerly 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 983 square feet, more or less.
PARCEL II (PERMANENT SLOPE & UTILITY 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 Emma Alice Peterson, trustee, or her successors in trust, under
the Peterson Living Trust, recorded in Document No. 94022057, Washington County Records,
Washington County Records, the said parcel being that portion of said property included in a
Public Utility & Slope Easement / Peterson.35 / Page 2 of 4
strip of land 35.00 feet wide, parallel with and southerly to the centerline of the proposed re-
alignment of S.W. Walnut Street, which centerline is described in Parcel I.
Except therefrom that portion of said tract lying within the existing right -of -way of S.W. Walnut
Street and Parcel 1 above.
The area of land to which the Parcel II description applies contains 355 square feet, more or less.
/1721 /SURVEY /LEGALS /SOUTH /03AA_01702.doc
REGISTERED
PROFESSIONAL
LAND SU RV'E YO7
L 14 • J V
ARFGON
�A ARY 19, 1994
ANTHONY R. WEU.ER
2649
Hit I II I I I 1 11111111 III
2004 -35934
Public Utility & Slope Easement / Peterson.35 / Page 3 of 4
I1111111111111 I IIIIIIII III . - •
2004 -35934
1
EXHIBIT A
S.W. WALNUT STREET
PC =33 +92.45 --\
EXISTING
r - RIGHT —OF —WAY
34 +00 �`
A= 16'35' 12�'f' 34+ 70.81
PROPOSED L= 70.93'
34 +0p _` •.28 R
33 +97.45 ,RIGHT —OF —WAY R= 245.00'
19.96 R CH =N 81'40'19" W �..........
70.68'
/// // j// / 34
33 0.00 R r rd,,/: / % / /
30.00R /
/. / ...,,,,,,,,„ .,„,, , „,,v______ - `/2 / 34 +76.92
"--r» ` , . / 30.00 R
( ' �
33 +97.24 ;-- — �' _ ' % `` / ' \ X ,/
35.00 R &- 16 — , 34 +78.56
L= 70.97' �{ 35 00 R
33 +97.16 R= 240.00'
40.00 R CH =N 81'30'32” W 34 +80.27 \
70.71' PROPOSED) 40.00 R
A=1 T18.55" SLOPE & UTIUTY
L= 71.02' EASEMENT
R= 235.00' TEMPORARY
CH =N 81'20'18" W CONSTRUCTION
70.75' EASEMENT
10770 S.W. Walnut St.
Doc. No. 94022057
LEGEND
// ' ,/
X PARCEL I — RIGHT —OF —WAY DEDICATION
AREA — 98.3 SQ. FEET MORE OR LESS
„ x PARCEL II — PERMANENT SLOPE & UTILITY EASEMENT
X,X' l AREA — 355 SQ. FEET MORE OR LESS SCALE 1 ° =20'
PARCEL III — TEMPORARY CONSTRUCTION EASEMENT ��. .
I.... �
' • ' ' ' AREA — 355 SQ. FEET MORE OR LESS 20 10 0 20
J.N. 1721
1721 ROW — EASE.DWG
`
J
DATE
E (� NW 15573 SW BANGYROAD, STE 300 10770 S.W. WALNUT STREET J LAKE OSWEGO, OREGON 97035 TIGARD, OREGON 22May03
503.968.6655 mww.cesnw.com TAX MAP 2S1 03AA TAX LOT 1702 FIGURE
Public Utility & Slope Easement / Peterson.35 / Page 4 of 4