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2009-042905RETURN RECORDED DOCUMENT TO: 10 CITY HALL RECORDS DEPARTMENT, ' CITY OF TIGARD 1 1 13125 .SNN'`Hall. Blvd. Tigard, OR. 97223 CORPORATE File No.0353 EASEMENT SLOPE & RETAINING WALL EASEMENT PERMANENT Washington County, Oregon 2009-042905 05115/2009 10:00:27 AM D-E Cnt=1 Stn=8 C PFEIFER S20.00 $5.00 $11.00 - Total = $36.00 01363468200900429050040048 I, Richard Hobernicht, Director of Assessment and;;v?°};?; Taxation and Ex-Officio County Clerk for Washington ?=?*°, T i'3}ti?, County, Oregon, do hereby certify that the within '~ Instrument of writing was received and recorded in book of records of said cou Richard Hobernicht, Director of Assessment and Taxation, Ex-Officio County Clerk Space above reserved for Washington County Recording Information Dolan and Company, LLC, an Oregon Limited Liability Company hereinafter referred to as Grantor, in consideration of the sum of One Thousand Nine Hundred Seventy-One and 0/100 dollars ($1,971.00) 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 and retaining wall 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 Exhibits "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 and retaining wall, including alteration by addition or removal of material, without prior written approval by the City Engineer or his/her designee. The instrument does not giant 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 or retaining wall as above stated. IN WITNESS WHEREOF, I hereunto set my hand on this day of 2009. Dolan and Company, LLC Name of Corporation 9230 SW Burnham Street, Tigard, OR 97223 Address Florence Dolan 4523 NE Davis Street. Portland, OR 97213 Tax Statement Mailing Address (if different from above) STATE OF OREGON) Managing Member Title ) ss. County of Washington) Sf This instrument was acknowledged before me on Zob (date) by Florence Dolan as Managing Member of Dolan and Company, LLC. OFFICIAL SEAL ROGER J PORTER NOTARY PUBLIC•OREGON Notary's Sign ature f COMMISSION NO. A433220 (?4oy e? c8"4 Z'/'L MY COMMISSION EXPIRES OCTOBER 8, 2012 MyComniissionExpires: Accepted on behalf of the City of Tigard this 3rtL day of M , 20 ®9 4 NO CHANGE IN TAX STATEMENT City Engineer Slope (Retaining Wall) Easement Page] of4 EXHIBIT A EXHIBIT A - Page 1 of 1 File 0028 Burnham Street Reconstruction Project 2S-1-02AC-00400 2S-1-02AC-00700 Dolan & Co. LLC 11/18/2008 PARCEL 1 - Public Utility Easement A parcel of land lying in the NEIA of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described in that Warranty Deed to Dolan and Company, LLC, recorded on February 13, 1998 as Microfilm Document No. 98-13264 of the Washington County Book of Records, and a portion of that property described in that Warranty Deed to Dolan and Company, LLC, recorded on January 1, 1996 as Microfilm Document No. 96-01641 of the Washington County Book of Records; the said parcel being that portion of said property included in a strip of land variable in width, said strip being described as follows: Beginning at the intersection of the northwesterly line of said Microfilm Document No. 98- 13264 property with a line which is parallel with and 37.50 feet southwesterly of, when measured at right angles to, the center line of relocated Burnham Street; thence South 51 °59'21" West along said northwesterly line, a distance of 139.38 feet to the northeasterly line of said Microfilm Document No. 96-01641 property; thence North 30°47'24" West along said northeasterly line, a distance of 59.20 feet; thence leaving said northeasterly line, South 59°12'36" West, a distance of 3.00 feet; thence South 30°47'24" East, a distance of 62.60 feet to a point on a line which is parallel with and 3.00 feet southeasterly of, when measured at right angles to, the northwesterly line of said Microfilm Document No. 98-13264 property; thence North 51 °59'21" East along said parallel line, a distance of 131.01 feet to a point which is 49.50 feet southwesterly of, when measured at right angles to, the center line of relocated Burnham Street; thence South 43016'11" East, a distance of 1.09 feet to a point which is 49.50 feet right of relocated Burnham Street Engineer's center line Station 2+64.49; thence North 46°43'48" East, a distance of 12.00 feet to a point which is 37.50 right of relocated Burnham Street Engineer's center line Station 2+64.49; thence North 43°16'11" West, a distance of 3.00 feet to the Point of Beginning. The center line of relocated Burnham Street is described as follows: Beginning at Engineer's center line Station 1+00.00, said station being a distance of 1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2, Township 2 South, Range 1 West, W.M.; thence South 43°16'11" East, a distance of 1749.28 feet to Engineer's center line Station 18+49.28. Bearings are based on the Oregon Coordinate System of 1983, north zone. This parcel contains 613 square feet, more or less. Slope (Retaining Wall) Easement Page 2 of 4 PARCEL 2 - Slope Easement A parcel of land lying in the NEIA of Section 2, Township 2 South, Range 1 West, W.M., Washington County, Oregon, and being a portion of that property described in that Warranty Deed to Dolan and Company, LLC, recorded on February 13, 1998 as Microfilm Document No. 98-13264 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land variable in width, lying on the southwesterly (right) side of the center line of relocated Burnham Street, which center line is described in Parcel 1 above. The width in feet of said strip of land is as follows: Station to Station 3+79.00 3+97.00 3+97.00 4+25.00 Width on Southwesterly Side of Center line 45.00 50.00 EXCEPT that portion of said 'property lying northeasterly of the. southwesterly line of that strip of land dedicated to the public for street, road and utility purposes described in Document No. 2008-073188, Washington County Book of Records. Bearings are based on the Oregon Coordinate System of 1983, north zone. This parcel contains 219 square feet, more or less, outside of the existing right of way. Slope (Retaining Wall) Easement Page 3 of 4 oF? 'p, y yF ?? FILE NO. 2 TAX LOT 2S-1-02AC-00400 TAX LOT 2S-1-02AC-00700 s ?s. F Fy?y o 0 ~ DETAIL -,,, 00 \ 2 ??ox °o ?x 2S- 1 -02AC-00400 A 5A° oo? DOLAN & COMPANY LLC (D \ 2S- 1 -02AC-00700 DOLAN & COMPANY LLC i2m PARCEL 1 PUBLIC UTILITY EASEMENT AREA 1= 6-13, S.F. f. PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT AREA = 1,092 S.F. t PARCEL 2 ® SLOPE EASEMENT 14 AREA 219 S.F. f SCALE: 1"=40' ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: NOVEMBER 18, 2008 SHEET 1 OF 1, ., Slope (Retaining Wall) Easement Page 4 of 4.