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2020-096205_Cypress Crest Perm Storm Esmt Washington County,Oregon 2020-096205 D-AE Stn=61 N MEJIA 09/30/2020 02:49:39 PM AFTER RECORDING RETURN TO: $40.00$11.00$5.00$60.00 $116.00 C. of Tigard Margaret Garza,Director of Assessment and Taxation and Ex- `y g Officio County Clerk for Washington County,Oregon,do hereby 13125 S W Hall Blvd certify that the within instrument of writing was received and recorded in the book of records of said county. Tigard, OR 97223 Margaret Garza, Director of Assessment and Taxation, Ex-Officio County Clerk UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: No Change This space is reserved for recorder's use. PERMANENT STORM SEWER EASEMENT This Permanent Storm Sewer Easement ("Easement") is made this / day of 2020 ("Effective Date"), by and between Cypress Crest Apartments LLC, a liforma limited liability company ("Grantor"), and the City of Tigard, an Oregon municipal corporation ("Grantee"). AGREEMENT 1. Affected Property. Grantor owns the following described real property located in Washington County, Oregon (the "Property"): As shown on the attached legal description of property in EXHIBIT "A", incorporated herein. 2. Grant of Easement. For good and valuable consideration, Grantor hereby grants to Grantee, its successors and assigns, and Grantee hereby accepts, a permanent storm sewer easement for a portion of Grantor's Property as described in EXHIBIT "B" and depicted in EXHIBIT "C", which are attached and incorporated herein (the "Easement Area"). 3. Scope of Easement. Grantee and its agents, employees, officers, consultants, contractors and other persons entering the Easement Area under the express or implied invitation or consent of Grantee (collectively, "Grantee Parties"), shall have the right to access, enter upon and use the Easement Area to plan, construct, install, repair, maintain, and operate storm sewer equipment and all related facilities. Grantee and Grantee Parties may remove trees, shrubs, brush, pavement and other hardscapes, and other improvements located within the Easement Area as necessary to accomplish these purposes. The Easement shall perpetually encumber the Property. 4. Non-Exclusive Grant, Grantor shall not locate any structures within the Easement Area. Grantor reserves the right to use the Easement Area for all other purposes that do not unreasonably interfere with Grantee's permitted uses of the Easement Area, in accordance with the other terms of this Easement. 5. Damages and Restoration. Subject to the other terms of this Easement and the parties' Temporary Construction Easement, Grantee agrees to repair damage to the Easement Area Page 1 —STORM SEWER EASEMENT or Grantor's Property, and any improvements therein, caused by Grantee's or any Grantee Party's use of the Easement Area and to restore the Easement Area or Grantor's Property, and any improvements therein, as near as practicable, to a like-kind or better condition as existed as of the Effective Date. 6. Maintenance. Grantee shall be responsible for the maintenance of storm sewer equipment and facilities located within the Easement Area. Except for any restoration required by Paragraph 5, Grantee shall not be responsible for any landscape, surface, or other maintenance within the Easement Area. 7. Indemnification. Subject to Oregon law, including but not limited to the Oregon Tort Claims Act and the Oregon Constitution, Grantee shall indemnify and hold Grantor harmless from and against any injury, expense,damage,liability, or claim(collectively, "Claims"), incurred by Grantor that arises from Grantee's or any Grantee Party's use of the Easement Area, unless caused by: (a) the negligent or willful conduct of Grantor or any tenant, lessee, agent, employee, officer, consultant, contractor, or other person entering the Easement Area under the express or implied invitation or consent of Grantor; or (b) Grantor's violation of any of the terms, covenants or conditions of this Easement. 8. Default and Remedies. If either party violates any of the terms, covenants or conditions of this Easement, or fails to perform any of its obligations set forth in this Easement in a timely manner, the other party shall have the right to declare a default by written notice and, if such default is not cured as provided in this paragraph, may seek available legal or equitable remedies, including injunctive relief, in the Circuit Court of the State of Oregon in Washington County. All disputes arising out of this Easement shall be construed in accordance with Oregon law. Notice shall be given as provided for in Paragraph 9 of this Easement. The notice shall provide a detailed statement(s)of the alleged default. If the defaulting party fails to cure the default within ten (10) days from the Delivery Date of the notice (as defined below), or if within such ten (10)-day period that party has not begun to cure a matter that cannot reasonably be cured in ten (10) days or does not diligently prosecute the cure to completion, then the party asserting the default may pursue the remedies described in this paragraph. Once notice of default has been given, no additional notice shall be required in order to exercise the remedies provided for in this paragraph. 9. Notices. All notices, approvals, consents or requests given or made pursuant to this Easement shall be deemed delivered: (a) upon receipt by personal delivery when written acknowledgment of receipt thereof is given; (b) if given by United States mail, certified mail, return receipt requested, with postage prepaid, two (2) days after it is deposited in the mail; or(c) if given by a nationally recognized overnight carrier prepaid for next business day delivery, on the business day delivered ("Delivery Date"). Notices shall be addressed as follows until a new address for notices shall be designated by notice in the manner provided in this paragraph to all other parties: If to Grantor: R Z--%t') Fre"r - } ? 3 Page 2—STORM SEWER EASEMENT If to Grantee: City of Tigard Attn: Jeff Peck 13125 SW Hall Blvd Tigard, OR 97223 With a copy to: City of Tigard Attn: City Attorney 13125 SW Hall Blvd Tigard, OR 97223 10. General. This Easement shall run with the land and shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. No third-party beneficiary rights are created by this Easement. Time is of the essence with respect to the performance of the obligations set forth in this Easement. 11. Severability. If any provision of this Easement, or the application thereof to any person or circumstances shall, to any extent, be held invalid, inoperative or unenforceable, the remainder of this Easement, or the application of such provision, to any other person or circumstance shall not be affected thereby. The remainder of this Easement shall be given effect as if such invalid or inoperative portion had not been included. It shall not be deemed that any such invalid provision affects the consideration for this Easement. 12. Recording. The parties shall submit this Easement for recording in the real property records of Washington County. Grantee shall pay the recording fee. 13. Amendment. This Easement may be amended only by an instrument in writing signed by both Grantor and Grantee. 14. No Public Dedication. Nothing in this Easement shall be deemed to be a gift or a dedication of any portion of the Easement Area to the general public or for the use of the general public, it being the intent of the parties that this Easement be strictly limited to and for the purposes expressed herein. [Signature Page to Follow] Page 3 — STORM SEWER EASEMENT GRANTOR: TEE: Cypress Crest Apartments LLC, a City of Tigard, an Oregon municipal California limited liability company corporation By: \ " may: Name: .-% , Name: - .� t1 Its: 0 ik9Vt r Its: Ct / r STATE OF0 r o`rlC'IA+ STAMP ) SS. ! & )'r "10(ARYPUB1 r OR OON County of W i/ ) ‘--,t,'/ r MMIS ION NO 9q e4, NP(1 fir( nl ,c CN r XPIRE O�;T()r'r o D' _142 This instrument was acknowledged before me on ge,koke, , 2020, by Aleut V. as of Vat Ca9 a( 76rwpti , . PLEASESEE T F:A . NOTARY CERTIFICATE NOTARY PU!LIC FOR OREGON My Commission Expires: /p 2025 STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on , 2020, by as of the City of Tigard, an Oregon municipal corporation. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 4—STORM SEWER EASEMENT CALIFORNIA ALL-PURPOSE L CIVIL. CODE § 1189 cycPc Y FCzFI h :C_ -,. s„ -.,.wt a a.a-.a o,z.,, P-s ®�,' �Y )..i�.� .c --- c "Yc E �C k� :`c-4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of )cSWkee\eA ) On A'i&. t ', 2-02 before me, DAPINDER BHAGRATH,NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared \€h,t kt t ilk\U L- i_I NJ m..k.__..-_..._._ — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,' ��i ume a inDA�PI�ND�ER��BH�AG i.1�TH "''� ¢` �;, a s COMM.ii 21764-s 1 " *� NOTARY PUBLIC CALIFCRNIA 4� 6�LRMD�CQUNTY = Signature et_ l 4 My Comm.Exp.Jan.18,2021 Signature of Notary Public Euurumunolimili uuu;uiu;muuuut,nnuuunuumulunmuui I' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: e,-- -Avie c�d c,--- -Se ices-r Document Date: AOC 1 3 r .2=5 A Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: d..e. y,,ems.v©ry d a.6 ec.U ar ems,— ate,-e�.•ay..w-•e yr e'-rte a•d^�Y - '6 d,-e�-:v-t.-i rte,er.:-�•or.-e'- e w a e -.fir�,-d _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT "A" Grantor Property Legal Description A portion of Lot 9 and Lot 19, FRE WING'S ORCHARD TRACTS, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the Northwest corner of said Lot 9, in the center of Garrett Avenue (County Road No. 1067) and running thence South 24°30East along the Southwesterly line of said Lot 9, 54.26 feet to a point;thence North 59°41' East 99.9 feet to a point; thence South 24°30'East 95 feet to a point; thence North 59°41' East 160.1 feet to a point; thence South 24°38'East 130.97 feet to a point on the Southeast line of said Lot 9; thence North 59°55' East along the Southeast lines of said Lots 9 and 19 to the most Easterly corner of said Lot 19; thence North 49°22' West along the Northeast line of said Lot 19 to an angle therein; thence North 53°16' West along the Northeast line of said Lot 19 to the most Northerly corner of said Lot 19; thence South 50°10' West along the Northwesterly line of said Lots 19 and 9 to the point of beginning. EXHIBIT "B" Easement Area Legal Description SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CB MAY 12, 2020 TAX LOT 03400 PERMANENT STORM EASEMENT A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2013-034138,WASHIINGTON COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE WESTERLY RIGHT OF WAY OF SOUTHWEST FREWING STREET SAID POINT BEING 20.00 FEET FROM THE CENTERLINE THEREOF SAID POINT ALSO BEARS SOUTH 60°45'07" EAST FROM A 5/8" IRON ROD MARKING THE EASTERLY MOST CORNER OF THAT TRACT OF LAND BEING DESCRIBED IN DOCUMENT NUMBER 2012-083145 WASHINGTON COUNTY DEED RECORDS;THENCE SOUTH 82°47'18"WEST 54.61 FEET SAID POINT BEING ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 2013-034138 ;THENCE SOUTH 07°12'42" EAST 26.00 FEET;THENCE NORTH 82°47'18" EAST 80.00 FEET TO A POINT ON THE WESTERLY LINE SOUTHWEST FREWING STREET; THENCE ALONG SAID WESTERLY LINE NORTH 51°32'00"WEST 36.34 FEET TO THE POINT OF BEGINNING. THE BASIS OF BEARINGS IS SOUTH 51°32'00" EAST ALONG THE CENTERLINE OF SW FREWING STREET. CONTAINING 1,750 SQUARE FEET MORE OR LESS. PREPARED BY:CESNW REGISTERED PROFESSIONAL LAND SURVEYOR / \--7,...,4 j A,. . ' III OREGON MAY 21, 2013 PAUL ALLEN KOHN 58964PLS RENEWS: 6/30/21 Page 1 of 2 EXHIBIT "C" P Easement Area Depiction LOCATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. N SW FRE WING STREET (C.R. 713) r- — 1 S51°32'00"E 1_ 0 C. b 560°4507"E i N 30.58' I I N51°3200"W ----- 36.34' )0e. -- / / / / 5/8" IRON ROD -" / / / POINT OF BEGINNING / / 4) / / / 4...‘ O ( / / cb"1,e N• / ciaio / 43/ / / ot), 0 0 31-ii0' i DOCUMENT NUMBER / c4/ 4) 2012-083145 / / / / / \60 0 / \..>o / / / / 4/ a\ <Cs \ / I \I/ ............ "`..... / .... ".... / i DOCUMENT NUMBER TEMPORARY -...1 2013-034138 CONSTRUCTION EASEMENT REGISTERED PROFESSIONAL LAND SURVEYOR 110111 II OREGON a MAY 21, 2013 ,i- PAUL ALLEN KOHN mirm=m miliimirromim 3 11111110111 .... 58964PLS —11 N D 20 10 0 20 N RENEWS: 6/30/21 -I -- .n DATE (--, ES NW 13190 SW 68th Parkway,Suite 150 :1.11 .....j Ttgard, Oregon 97223 • PERMANENT STORM EASEMENT 5/12/20 503.968.6655 www.cesnw.com PAGE 3 10035 SOUTHWEST GARRETT STREET 2 of 2 1