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2009-042901RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125eW Hall Blvd. Zp Tigarilz OR 97223 r I CORPORATION File No 0353 EASEMENT PUBLIC UTILITY - PERMANENT Washington County, Oregon 2009_042901 05/15/2009 10:00:27 AM D-E Cnt=1 Stn=8 C PFEIFER $20.00 $5.00 $11.00 - Total = $36.00 1111111111111111111111111111111111111111 ? 11111111 01363464200900429010040041 I, Richard Hobernicht, Director of Assessment and Taxation and Ex-Officio County Clerk for Washington n County, Oregon, do hereby certify that the within instrument of writing was received and recorded in book of records of said cou L /U} ..."y Richard Hobernicht, Director of Assessment and ?`- ; Taxation, Ex-Officio County Clerk Space above reserved for Washington County Recording Information Burnham Business & Storage, L.L.C. 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, 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 $4,096.00 . 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. 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. 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 A-AR N_ 20 69' Burnham Business & Storage, LLC Signature 8900 SW Burnham St. Tigard OR 97223 9500 SW Barbur Blvd # 300. Portland OR-97219 Tax Statement Mailing Address (if different frofn above) STATE OF OREGON) )ss. County of `??ert lK f-ttr ct.` Title e Title T strument was acknowledged before me on (date) by C GkCc e_j- by 1 1 -GLQ ed L • O S (name(s) ofperso s)) as 'R&Ifor,-JT' f4ss,® liter PdQ;FS/br6b'i OF A"All- RffA&t y C64?/kAzj d?6 (type of authority, e.g., officer, trustee, etc) of Burnham Business' & Storage, LLC. OFFICIAL SEAL n SUSAN K WARD NOTARY PUBLIC -.OREGON tary's Signature COMMISSION NO 418M aO' ) ggy ?R£gp?3.2.?99 es: -EL Accepted on behalf of the City of Tigard this 2-6 day of Y't , 20 0 9 NO CHANGE IN TAX STATEMENT Ci gineer Public Utility Easement Page I of 4 EXHIBIT "A" EXHIBIT A -Pagel of 2 Burnham Street Reconstruction Project PARCEL 1 - Street Dedication File 009 2S-1-02AD-02200 Burnham Business & Storage 2/19/2008 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 Burnham Business & Storage, LLC, recorded on August 29, 1995 as Microfilm Document No. 95-60750 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 2,475 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 Burnham Business & Storage, LLC, recorded on August 29, 1995 as Microfilm Document No. 95-60750 of Washington County Book of Records; the said parcel being that portion of said property included in a strip of land of variable 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 15+99.50 16+02.50 to Station 16+02.50 16+12.50 Width on Southwesterly Side of Center LinE 70.00 47.50 EXCEPT therefrom Parcel 1 as described above. This parcel contains 198 square feet, more or less. CONTINUED ON NEXT PAGE Public Utility Easement Page 2 of 4 EXHIBIT A - Page 2 of 2 Burnham Street Reconstruction Project PARCEL 3 - Public Utility Easement File 009 2S-1-02AD-02200 Burnham Business & Storage 2/19/2008 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 Burnham Business & Storage, LLC, recorded on August 29, 1995 as Microfilm Document No. 95-60750 of Washington County Book of Records; the said parcel being that portion of said. property included in a strip of land of 10.00 feet 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 southwesterly line of the strip is described as follows: Beginning at a point which is 80.00 feet right of Engineer's Station 15+93.22; thence South 43°16'1 V.East parallel with the Engineer's centerline, a distance of 15.00 feet to a point which is 80.00 feet right of Engineer's Station 16+08.22. This parcel contains 150 square feet. Public Utility Easement Page 3 of 4 FILE NO. 9 TAX LOT 2S-1-02AD-02200 yo 0 yo 6/1, s1 Vl? 9 -N- 2S-1-02AD-02200 BURNHAM BUSINESS & STORAGE LLC SCALE: 1"=40' PARCEL 1 ® STREET DEDICATION AREA = 2,475 S.F. t PARCEL 2 PUBLIC UTILITY EASEMENT -AREA = 198 S.F. t PARCEL 3 PUBLIC UTILITY EASEMENT AREA = 150 S.F. PARCEL 3 ® 5' WIDE TEMPORARY CONSTRUCTION EASEMENT AREA = 1,650 S.F. ± ACQUISITION MAP BURNHAM STREET RECONSTRUCTION PROJECT CITY OF TIGARD, OREGON DATE: FEBRUARY 19, 2008 SHEET 1 OF 1 j Public Utility Easement Page 4 of 4