2004-049349 ~ 10940 SW Walnut Street Washington County,Oregon
"05/2004 10:09:15 AM 2004-049349
RefURN RECORDED DOCUMENT TC414 Cntal Stroll) K BARNEY
*00$6.00$11.00•Total=$37.00
CITY HALL RECORDS DEPARTMENT,
7,1 .) CITY OF TIGARD
1111111 1111 Milli 1111111111 III I II
13125 SW Hall Blvd.
,, Tigard,OR 97223
00576858200400493490040043
I,Jerry Hanson,Director of A merit and Taxation
and Ex-Officio County Clerk for Washington County,
Oregon,do hereby certify that the within instrument of ,n....—",.;."1.•'`
Writing was received and recorded In the book of
records of said county.
4e.4.4t.0-y, \':FiAzeie
File No 0459B Jerry R.Hanson,DirectorZsLent and Taxation,
Ex-Officio County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
AND SLOPE EASEMENT
Space above reserved for Washington County recording information
Adali Ruiz-Valdez, Francisca Orozco Mercado and Regino Ruiz-Valdovinos, hereinafter called the Grantors, grant and
convey 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.
15113134)D
THE TRUE CONSIDERATION for this conveyance is$1,398.00. 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. The Grantors, their 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 Grantors, their 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 Grantors,their 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, we hereunto set our hands on this / , day of ,2004.
- <.- i
1\41 -t- Gm
Adali Ruiz-Val ez Francisca Orozco Mercado
R p c;Ad a R u rt.
Regino Ruiz-Valdovinos
10940 SW Walnut Street,Tigard, Oregon 97223 10940 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 /4, , 2004 by:
Adali Ruiz-Valdez,Francisca Orozco Mercado and Reg' o Ruiz-V Vnos. 4 , 4,e'
1 OFFICIAL SEAL
NATHAN R.POOL
T:ix commix EXPIRES JANUARY 30,2006 Ira otary's Signature
= :-• • - NOTARY PUBUC•OREGON
)
COMMISSION NO.352895
Accepted o bbliall of lhetny or 1 igarct this 2,27 dayMoyfCommission Expires:
Alo r t ( 2004.
Q
City gineer
NO CHANGE IN TAX STATEMENT
Public Utility&Slope Easement/Ruiz-Valdez.29/Page I of 4
11111E11111i 11 IIII IU
2004-49349 *C11004' 4.1110
EXHIBIT A
September 4, 2003 Map and Tax Lot No. 2S103AA-01002
Walnut Street, 116th Avenue to Tiedeman Ave. 10940 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 Adali Ruiz-Valdez, Francisca Orozco Mercado, and Regino
Ruiz-Valdovinos, recorded in Document no. 20000070012, 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 822 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 Adali Ruiz-Valdez, Francisca Orozco Mercado, and Regino
Ruiz-Valdovinos, recorded in Document no. 20000070012, Washington County Records, the
said parcel being that portion of said property included in a strip of land 38.00 feet wide,parallel
Public Utility&Slope Easement/Ruiz-Valdez.29/Page 2 of 4
1111111111111111111111111E1
•
2004-49349
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 I above.
The area of land to which the Parcel II description applies contains 658 square feet, more or less.
/172 1 AV P/SU R VEY/LEGALS/SOUTH/03 AA01002.doc
_
REGISTERZO
PROFESSIONAL
• ND SURVEY ,-/
-7D1114 t II
likr10"1711+41
riREGON
JA ARV 18, 1994
'ANTHONY R. WEL2R
2649
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Public Utility&Slope Easement/Ruiz-Valdez.29/Page 3 of 4
111111111141111111111
. , 2004-49349
441010V *IWO
EXHIBIT A
S.W. WALNUT STREET
N 8901'15" E
29+00 — — 29+50 _ — I —
30+00
EXISTING
f RIGHT-OF-WAY
29+97.30
29+15.07
(20.00 R L 10' 18' 23' PROPOSED r MOO R
1 i -I, r RIGHT-OF-WAY
_
___
. /\ Xi , x, V x K, aik
29+1453---- - 1 < ,,, ;/ t \ 29+96.76
38.00 R ,',,/ / ,.• ,x.,/ / A 1.,'.>< 'Iv, . / yr38.°° R
—
... i... . ..^. ' ' ... .... ...h. ...h. 29+14.38
f 29+96.60,/43.00 R
4.3_00 R
PROPOSED
\...,TEMPORARY SLOPE & UTILITY
CONSTRUCTION EASEMENT
EASEMENT
10940 S.W. Walnut St.
Doc. No. 2000070012
LEGEND
+
PARCEL I - RIGHT-OF-WAY DEDICATION
AREA - 822 SQ. FEET MORE OR LESS
Y> '
s„ N PARCEL II - PERMANENT SLOPE & UTILITY EASEMENT
6
AREA - 658 SQ. FEET MORE OR LESS SCALE 1-=20'
s."..'+'. PARCEL III - TEMPORARY CONSTRUCTION EASEMENT =
AREA - 411 SQ. FEET MORE OR LESS
— —
20 10 0 20
J.N. 1721
1721ROW-EASE.DWG
DATE
[C E S NW 15573 SW RANGY ROAD,STE 300
LA10E OSWEGO,OREGON 97035
503,968.6655 www.cesnw.corn 10940WALNUT STREET
TIGARD, OREGON
TAX MAP 2S1 03AA TAX LOT 1002 22Moy03
FIGURE
Public Utility&Slope Easement/Ruiz-Valdez.29/Page 4 of 4