98-066322 ~ 110th Avenue ~ Mira Court RETI Td7iN RECORDED DOCUMENT TO:
Cr' 3L'i*RECORDS DEPARTMENT, +tea =ATE OF OREGON l
Crif OF TIGARD County of Washington ) SS
13125 SW Hall Blvd.
Tigard,OR 97223 I, Jerry R. Hanson, Director of Assess-
ment and Taxation and 'Ex-Officio County
Clerk for said•county,do hereby certify that
INDIVIDUAL the within instrument of writing was received
and recorded in book of records of said
county.
File No. L1 i S'C3
Jerry R. Hanson, Director of
dAssessment and Taxation, Ex-
Officio County Clerk
Doc : 98066322
EASEMENT Rect.: 211076 23. 00
06/22/1998 11 : 00: 50am
PERMANENT
STORM SEWER
Charles E. and Anna C.Ernst,hereinafter called the Grantors,grant and convey unto the City of Tigard a perpetual easement
for constructing, reconstructing, operating,maintaining, inspecting,and repairing of an underground storm drainage line and
appurtenances,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 $ 3,100.00 . 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 Grantors 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.
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 Grantors,their successors,and assigns in the case of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns
forever.
IN WITN(ES,S WI EOF,I hereunto set my hand on this 2 4 day of l__ , 19
SignaturT ` Signature
-0a
253 ,5 Svc I tO
? -'f, /3 S —Sec) //0/'
Address Address
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on Ja&J l b' (date)by: G. A
• Erns-
Czy�
1A111 CL 0. ern S (name of person(s)).
OFFICIAL SEAL
`�ii -// G�-�'Y
DIANE M JELDERKS Notary's Signature
NOTARY PUBLIC OREGON
` COMMISSION NO 046142 /
MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: 9/7 c1
Accepted on behalf of the City of Tigard this day of Ai i)1 , 19' .
(ty Engineer
NO CHANGE IN TAX STATEMENT
I:\ENG\PUB-FORMS-SEWR-1.DOT 1
'
LEGAL DESCRIPTION
FOR
15.00 FOOT WIDE PUBLIC UTILITY EASEMENT
A tract of land situated in the southeast one-quarter of Section 3 Township 2 South, Range 1
West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows:
Being 7.50 feet on north and south of the following described line.
Beginning at the Southeast corner of lot 5 Block 2 of Mira Park as recorded in Book 30 Page 5 of
the Washington County Subdivision Records; thence N 89° 21' 48" W a distance of 100.00 feet
to the southwest corner of said lot 5.
Containing 1500 square feet.
is\eng\j ohnrh\mirapk6.eas
Please refer to the attached drawing for locations of existing trees and shrubs to be removed or
transplanted.
If this offer is acceptable, please sign this letter and the enclosed easement agreement and
return the original to us. Please note that your signatures need to be notarized on the
easement form. If you need assistance with a Notary, please contact Diane Jelderks at
639-4171 extension 369. Once the easement is signed, the City will cause it to be recorded
and send you a check in payment. You will be provided with a copy of the recorded easement
when it becomes available, this can take up to six months.
If you have any additional questions or concerns, please contact me.
Sincerely,
Vannie T. 'uyen, P.E. �.__.
Engineering Manager Char ' Date
SSN:6 z. -34Z 35-2 ?
c: Gus Duenas /?
Greg Berry /, GL c -2
Letha Thomas Anna C. Ernst Date
Mike Mills SSN:
Attachments(Landscape drawing, Legal Description, & Easement Agreement)
is\e ng\va n n ie\98p rj\e rn ste a s.d oc
111
1 : r
{
ri'a
1 r,i
,1
s
PROPOSED LINE OF 4' WIDE PROPOSED LINE OF l
CONSTRUCTION EASEMENT 15' UTILITY EASEMENT I J NOT TO SCALE
G __ LOTS ( '■
w PROPOSED NEW 24' 1
IISTORM OUTFALL
3 . .
op _ ___ __ _.,oir 1 ____________________ _____
EXIST PROPERTY LINE V - r`_,_ yI —_— _SW`�YY -MIR~ -C IT
•-_ -
LOT 6 I, i i r —'-- ---- s.
{ 11itk
EXIST 12' STORM OUTFALL L li` {r I EXIST STO-M LINE
1 L. I
IQ I i I
I
I I
III
-
I o
/
r 1 1 I I
I I /
April 15, 1998 �i'0/010���
CITY OF TIGARD
Charles E. & Anna C. Ernst OREGON
13385 SW 110th Avenue
Tigard, Oregon 97223
Subject: Easement Request for Proposed Storm Drain
Park Street Storm Drain Project
Thank you for meeting with us on April 14, 1998, at City Hall.
As discussed, you preferred Option No. 3 (per our letter of March 17, 1998) with revision, to be
compensated for your landscaping so that you could plant the trees of your choice. The revised
offer is as follows:
A. Compensation for the proposed easement, as stated in our letter of
March 17, 1998, $600.00.
B. Compensation for trees, $2,500.00.
Total compensation of items A and B above equals $3,100.00.
In addition to the compensation, the City agrees to complete the following items, per our
meeting:
• Remove, replace and rototill the existing 1' (one foot) of topsoil where excavation takes
place.
• Transplant existing shrubs.
• Replace existing grass with sod and replace existing barkdust.
• Transplant the existing 2" diameter deciduous tree at the back corner of the lot to a new
location.
• Transplant 5 (five) Hemlock trees.
• Reconstruct Trellis.
• Pay entire water bill for 3 (three) consecutive months after landscaping work is complete.
• The City will guarantee the transplanted shrubs for a period of 1 (one) year, and the
Hemlock trees for a period of 2 (two) years.
• Since there is a $200.00 reimbursement included in the total compensation, for the 2"
diameter deciduous tree, there will be no guarantee provided for this tree.
Please note that there is a total of 19' of easement (15' utility plus a 4' construction) required for
construction of the storm drain outfall of this project, which may not be completely utilized if the
contractor has a work method that minimizes the impact to your landscaping. Any undisturbed
landscaped items within the easement will not be replaced with new items.
In our meeting, you raised a concern regarding the construction possibly causing your
basement to leak within the first year after construction. We understand your concern, and will
inspect the basement before construction begins. If a leak occurs within the first year of
construction we will conduct another investigation to determine the cause of the leak.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772