Loading...
2009-038376 V RETURN RECORDED DOCUMENT TO: Washington County, Oregon 2009-038376 ~ CITY HALL RECORDS DEPARTMENT, 05l01I2009 03:03:34 PM D-E Cnt=1 Stn=9 C TOMPKINS CITY,OF TIGARD $20.00 $5.00 $11.00 - Total = $39.00 13125 SW Hall Blvd. Tigard, OR 97223 01358591200900383760040048 CORPORATION 1, Richard Hobernicht, Director of Assessment and 'f Taxation and Ex-ORlclo County Clark for Washington County, Oregon, do hereby certify that the within 3 File No 0353 Instrument of writing was received and recorded Ih the book of records of said coin l 4 Richard Hobernicht, Director of Assessment and EASEMENT I Taxation, Ex-Oftlclo County Clerk PUBLIC UTILITY - PERMANENT Space above reserved for Washington County Recording Information Tualatin.VaHey Fire and Rescue, A Rural Fire Protection District, hereinafter called the Grantor, grants and conveys unto the City of Tigard, herinafter called the Grantee, a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove; as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Parcel 2 of Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $1,620.00. 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. 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. Grantee, its successors or assigns shall restore the surface of the above described property ( including, but not limited to any vegetation, trees or paving ) to the same condition as existed immediately prior to its use of such easement area, to the extent practicable and within a reasonable time after construction, reconstruction, maintenance or repair of such area.. Grantee, its successors or assigns shall indemnify, defend and hold Grantor harmless from any loss, claim, or liability arising in any manner out the use of the easement by Grantee, its employees, agents, visitors, licensees, or assigns, and Grantor shall have no liability to Grantee, or any third party for condition existing theron. 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 ~ay of rEjSQ-VA-1QV , 2009. Tualatin Valley Fire & Rescue :71 -(Z-- 4:~~ Name of District Signature " 8935 SW Burnham St., Tigard, OR 97223 &7M(, ~lIZE t//EG Address Title 20665 SW Blanton St., Aloha OR 97007 Tax Statement Mailing Address (ifdif/erent from above) Signature Title NO CHANGE IN TAX STATEMENT Easement Public Utility 1 of 4 STATE OF OREGON) ) ss. County of Washington ) This instrument was,acknowledged before me on FFAUAR y y a00 9' (date) by: K /12K A . H-f}L.e and (name(s) of person (s)) as A Cr/9'G F/~2E GM I EF and Ab-N /Nl S T2i4P_ (type of authority, e.g., officer, trustee, etc) of Tualatin Valley Fire and Rescue. OFFICIAL SEAL BUSAN~WMOOTRY (NARY PUBLIC -OREGON Notary's Signature COMMISSION NO. 405= My Commission Expires: HA Y cQ4 cRO) d M MISS- Accepted on behalf of the'City of Tigard this -Uo day of 2009. QA~t~~ City E Ug neer - Easement Public Utility 2 of 4 Exhibit "A" EXHIBIT A - Page 1 of 2 File 013 Burnham Street Reconstruction Project 2S-1 -02AD-01 900 Tualatin Valley F&R 8/23/2007 PARCEL 1 - Street Dedication 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 Statutory Warranty Deed to Tualatin Valley Fire and Rescue,. recorded on May 19, 1992 as Microfilm Document No. 92-34063 of Washington County Book of Records, and that Statutory Warranty Deed to Tualatin Valley Fire and Rescue., recorded on July 1, 1992 as Microfilm Document. No. 92-45576 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 northeasterly (left) 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 1,831 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 Statutory Warranty Deed to Tualatin Valley Fire and Rescue, recorded on May 19, 1992 as Microfilm Document No. 92-34063 of Washington County Book of Records, and that Statutory Warranty Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document No. 92-45576 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land lying on the northeasterly (left) 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 Northeasterly said of Center Line 13+58.00 13+68.00 47.50 EXCEPT therefrom Parcel 1 as described above. This parcel contains 100 square feet, more or less. Easement Public Utility 3 of 4 i FILE NO. 13 TAX LOT 2S-1-02AD-01900 13 2S-1-02AD-01900 - TUALATIN VALLEY FIRE & RESCUE y1 10, x 10, \ PUE -N- s~D. ~9x- PARCEL 's• SCALE: 1"=40' eY~tiF` S~ ®STREET DEDICATION EPS J AREA = 1,831 S.F. t PARCEL 2 PG~~ ® PUBLIC UTILITY EASEMENT AREA = 100 S.F. f ACQUISITION MAP PARCEL 3 BURNHAM STREET RECONSTRUCTION PROJECT M5' WIDE TEMPORARY CITY OF TIGARD, OREGON CONSTRUCTION EASEMENT DATE: AUGUST 23, 2007 • AREA = 1,222 S.F. t SHEET I OF I Easement Public Utility 4 of 4