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2008-096356'kETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF'TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 INDIVIDUAL File No 0353 EASEMENT PUBLIC UTILITY - PERMANENT Washington County, Oregon 20U8_U96356 12/03/2008 09:47:29 AM D•E Cnt=1 Stn=29 RECORDSI $15.00 $5.00 $11.00 • Total = $31.00 01310546200800963560030030 I, Richard Hobsmicht, Director of Assessment and Taxation and Ex-ORlclo County Clerk for Washington County, Oregon, do hereby certify that the within Instrument of writing was received and recorded In the book of records of said cou _ Richard Hobsmicht, Dlrector,of Assseamen/ • Taxation, Ex-Officio County Clerk Space above reserved /or Washil7gtoFl C.odriry necoraing ityui 11Iauw1 PRUDENCE M. MILLER, Trustee of the Prudence M. Miller Trust U/T/A dated 3/16/04 hereinafter called the Grantor, grants and conveys unto the City of Tigard a perpetual non-exclusive easement for constructing, reconstructing, operating, maintaining, inspecting, and repainng. of underground public utilities and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described as Parcel 2 in Exhibit "A" attached; situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for, this conveyance is $ 3,020.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. Promptly upon installation of the utilities in the easement area, the City of Tigard shall pave over the area disturbed by the City's activities (if previously paved) or install landscaping (if previously landscaped. All utility vaults and equipment shall be constricted to standards which permit commercial truck traffic to drive over the vaults and equipment located in paved areas. 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. 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, 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 WITNESS WHEREOF, I hereunto set my hand on thus 2-T day of~ 2008. L 7n - *7j-& Prudence Miller, T~f the Prud6nceer Trust U/T/A dated 3/16/04 4220 SW Greenleaf Dr. Tax Statement Mailing Address Portland. OR 97221 STATE OF OREGON 9110 SW Burnham St Property Address Tigard, OR 97223 ) ss. County of Washington ) This instrument was acknowledued before me on 23 f by IpAdoi T" Mill°r TpAst°° ^f tha p 4idoiw ° M. Miller Trust U/T/A dated 3/16/04 r OFFICIAL SEAL MARIAN A MIRSKY G //GE C, NOTARY' PUBLIC-OREGON 9 COMMISSION NO. 397061 Notary's Signature MY COMMISSION EXPIRES OCTOBER 30, 2009 •,30 ~~Or7 9 8;_ My Commission Expires. Accepted on behalf of the City of Tigard this day of dC+011-0-r 20bA C City Engineer Easement-Public Utility-Permanent Page] of 3 (date) Exhibit "A" EXHIBIT A - Page 1 of 1 Burnham Street Reconstruction Project PARCEL 1 - Street Dedication File 004 2S-1-02AC-00202 Miller 2/7/2008 A parcel of land lying in the NE%a 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 Prudence M. Miller, Trustee of the Prudence M. Miller Trust U/T/A dated 3/16/04, recorded on March 22, 2004 as Document No. 2004-028753 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land 37.50 feet in width, lying on the southwesterly (right) side of the center line of relocated Burnham Street, which center line 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 1,156 square feet, more or less, outside of the existing right of way. PARCEL 2 - Public Utility Easement A parcel of land lying in the NE% 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 Prudence M. Miller, Trustee of the Prudence M. Miller Trust U/T/A dated 3/16/04, recorded on March 22, 2004 as Document No. 2004-028753 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 Width on Southwesterly Side of Center Line 6+98.54 7+08.54 42.50 7+08.54 7+50.00 47.50 EXCEPT Parcel 1 as described above. This parcel contains 151 square feet, more or less. Easement-Public Utili ty-Penn anent Page 2 of 3 FILE NO. 4 TAX LOT 2S-1-02AC-00202 s oc/i 0 2S-1-02AC-00202 MILLER, TR. -N 1 y -PARCEL 1 STREET DEDICATION AREA = 1,156 S.F. t SCALE: 1 °=40' -1 t--1- PARCEL 3 5' WIDE TEMPORARY CONSTRUCTION EASEMENT AREA = 774 S. F. t PARCEL 2 PUBLIC UTILITY EASEMENT AREA = 151 S. F. t ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: FEBRUARY 7, 2008 SHEET 1 OF 1 e i Easement-Public Utility-Permanent Page 3 of 3