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2009-042906 11 t RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 CORPORATION File No. 0353 EASEMENT PUBLIC UTILITY - PERMANENT Washington County, Oregon 2009-042906 05115/2009 10:00:27 AM D-E Cnt=1 Stn=8 C PFEIFER $15.00 $5.00 $11.00 - Total = $31.00 01363469200900429060030038 I, Richard Hobernicht, Director of Assessment and Taxation and Ex-Officio 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 ?}?;: to`m`' and 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 called the Grantor, grants and conveys unto the City of Tigard 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 Exhibit "A", situated in the City of Tigard, Washington County, 'State of Oregon. THE TRUE CONSIDERATION for this conveyance is $1,655.10. 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 Grantor, its 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 this 15 day of Alaq .2009. Dolan and Company, LLC Name of Corporation treet 9230 SVl/ Burrt Bun?ham Street ? Address Florence Dolan Tigard, OR 97223 Managing Member Title STATE OF OREGON) )ss. County of Washington ) J"- ?J q Thic ixnctnimant xxrnc,nrknnxx?lerlaerl hafnre nif- nn /?/? V A,, /- c)o / ([late) by Flnrence Dolan as Managing Member of Dolan and Company, LLC OFFICIAL SEAL. ROGER J PORTER NOTARY PUBLIC-OREGON COMMISSION NO. A433220 MY COMMISSION EXPIRES OdTOBER 8, 2012 /4n&4=7 Notary's Sign re My Commission Expires: i- Accepted on behalf of the City of Tigard this 13 day NO CHANGE IN TAX STATEMENT Of M , 2009. Q City gineer 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 11/1812008 PARCEL 1 - Public Utility Easement A parcel of land lying in the NE1l4 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 43°16'11 " 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. P:\Bumham Street Design\Parcels\2 I. Dolan & Co\OfPer 2\012309.21. Dolan.PUE.DRAFT.doc 1L S 2S- 1 -02AC-00700 DOLAN & COMPANY LLC FI LE NO. 2 TAX LOT 2S-1-02AC-00400 TAX LOT 2S-1-02AC-00700 s PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT AREA = 1,092 S.F. t -N- SCALE: 1"=40' ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: NOVEMBER 18, 2008, SHEET 1 OF 1 _ P:\Burnham Street Design\Parcels\2I. Dolan & Co\Oi'1'er 2\012309.2 I.Dolan.PUE.DRAFT.doc PARCEL 1 PARCEL 2 PUBLIC UTILITY EASEMENT ® SLOPE EASEMENT AREA = 613 S.F. f AREA = 219 S.F. f