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2009-042898'RF ICRN RECORDED DOCUMENT TO: `CITYHALL RECORDS DEPARTMENT, CITYOF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 7 INDIVIDUAL File No 0353 EASEMENT Washington' County, Oregon 2009-042898 05/15/2009 10:00:27 AM --- D-E Cnt=1 Stn=8 C PFEIFER $20.00 $5.00 $11.00 - Total = $36.00 01363461200900428980040042 I, Richard Hobernicht, Director of Assessment and fic'z?, Taxation and Ex-Officio County Clerk for Washington Countv. Oregon, do hereby certify that the within instrument of writing was received and recorded in the book of records of said cou Richard Hobernicht, Director of Assessment and Taxation, Ex-Officio County Clerk PUBLIC UTILITY - PERMANENT Space above reserved for Washington County Recording Information Nancy D. Spohn, Trustee of the Nancy D. Spohn Revocable Living Trust, U/I7D November 4, 1997 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 $ 7,127.00. 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 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 t -7 day of 12009. Nancy D. Spohn Revocable. Living Trust: AZ), 5?_2_?5-nj Nan y D. Spohn, stee 9053 SW Burnham St. Tax Statement. Mailing Address Tigard, OR 97223 STATE OF OREGON 9053 SW Burnham St. Mailing. Address Tigard, OR 97223 ) ss. County of Washington ) L This instrument was acknowledged before me on (date) by: Nancy D. Spohn, as Trustee of the Nancy D. Spohn Revocable Living Trust. OFFICIAL SEAL JEROLD W HILARY NOTARY PUBLIC-OREGON . COMMISSION NO. 415270 MY COMMISSION EXPIRES APR. 16, 2011 Accepted on behalf of the City of Tigard this 5T day of NO CHANGE IN TAX STATEMENT 0 y o ary's Signature Commission Expires: A-loa Q let" T? 0 Engineer Public Utility Easement Page I of3 r EXHIBIT "A" 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 Warranty Deed to Nancy D. Spohn, recorded on June 9, 1998, as Microfilm Document No. 98-61326 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 1,925 square feet, more or less, outside of the existing right of way. PARCEL 2 - Public Utility Easement A parcel of land lying in the NEY4 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 Nancy D. Spohn, recorded on June 9, 1998, as Microfilm Document No. 98-61326 of Washington County Book of Records; the said parcel being that portion of said property described as follows: Beginning at the most easterly corner of above described Parcel 1, said point being on the southeasterly line of said Document No. 98-61326 property; thence North 44°46'29" East along the southeasterly line of said Microfilm Document No. 98-61326 property, a distance of 132.48 feet to the most easterly corner of said Microfilm Document No. 98-61326 property; thence North 43°16'11" West along the northeasterly line of said Microfilm Document No. 98-61326 property, a distance of 7.00 feet; thence South 44'46'29" West parallel with said southeasterly line, a distance of 125.47 feet to a point on a line which is parallel with and 7.00 feet northeasterly of, when measured at right angles to, the northeasterly line of above-described Parcel 1; thence North 43°16'11" West along said parallel line, a distance of 8.00 feet; thence South 46°43'49" West, a distance of 7.00 feet to the northeasterly line of above-described Parcel 1; thence South 43°16'11" East, a distance of 15.24 feet to the Point of Beginning. CONTINUED ON NEXT PAGE Public Utility Easement Page 2 of 4 This parcel contains 984 square feet, more or less. PARCEL 3 - Public Utility Easement A parcel of land lying in the NE'/4 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 Nancy D. Spohn, recorded on June 9, 1`998, as Microfilm Document No. 98-61326 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 8+85:00 8+95.00 Width on Southwesterly Side of Center Line 47.50 This parcel contains 100 square feet. Public Utility Easement Page 3' of 4 4 16 2S- 1 -02AD-0 1501 SPOHN -N- SCALE: 1 "=40' FILE NO. 16 TAX LOT 2S-1-02AD-01501 ??' s k STA: 9+77.81 OFFSET: 37.500 L s oFy? Fj. PARCEL 1 STREET DEDICATION AREA = X925 S.F. ' PARCEL 2 Q PUBLIC UTILITY EASEMENT AREA = 984 S.F. f / PARCEL 3 PUBLIC UTILITY EASEMENT AREA = 100 S.F. PARCEL 4 ® 5' WIDE TEMPORARY CONSTRUCTION EASEMENT AREA = 550 S. F. t ACQUISITION MAP BURNHAM STREET RECONSTRUCTION CITY OF TIGARD, OREGON DATE: MARCH 10, 2008 SHEET 1 OF 1 PROJECT