2020-096206_Orchard Park Perm Storm Easement Washington County,Oregon 2020-096206
D-AE
Stn=61 N MEJIA 09/30/2020 02:49:39 PM
AFTER RECORDING RETURN TO: $35.00$11.00$5.00$60.00 $111.00
Cit of Tigard I,Margaret Garza,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
13125 SW 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 Orchard Park Jara LLC, an Oregon
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 stoim 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.
Page 1 — STORM SEWER 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
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:
///
Page 2 — STORM SEWER EASEMENT
If to Grantor: Orchard Park Jara, LLC
Attn: Marko A. Susnjara
17480 Holy Names Drive #206
Lake Oswego, OR 97034
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: G TEE:
Orchard Park Jara LLC, an Oregon City of Tigard, an Oregon municipal
limited liability company corporation
By: �, i - /r By: �';
Name: Marko A. Susnjara Name: Ma Po
Its: Managing Member Its:
STATE OF OREGON )
) ss.
County of Clackamas )
This instrument was acknowledged before me on 91— , 2020, by Marko A.
Susnjara as Managing Member of Orchard Park Jara LLC, an Oregon limited liability company.
OFFICIAL STAMP ..
- BARRY ALANi.iSS
� ,� NOTARI PUBLIC-OREGON NOTARY PU:, IC FOR OREGON
COMMISSION NO. 1000606 My Commission Expires: 01 Ia.o .--4
MY COMMISSION EXPIRES JUNE 01,2024
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on LS' , ,&-- 23 , 2020, by
as arr - e •,0„ of the City of Tigard, an
Oregon municipal corporation.
t`�' (,L t�IAL STAMP NOTARY;'UBLIC FOR OREGON
/ { E cDGARro MALDONA O MyCo ission Expires: /0-0/-2423
V` 1 NOI��RYPUR'DC, OREGON p
C AMM S ION NO 99141
MY COMMIS C}N EXPIRES OCTOBER 01 2023
Page 4— STORM SEWER EASEMENT
EXHIBIT "A"
Grantor Property LegaDescription
That portion of Lot 21,Frewing's Orchard Tracts, in the City of Tigard, County of Washington
and State of Oregon, described as follows:
Beginning at the most Northerly corner of the Tigard Community Methodist
EXHIBIT "B"
Easement Area Legal Description
SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CA
MAY 12, 2020 TAX LOT 01300
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 2012-021078, WASHIINGTON
COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE EASTERLY LINE OF SOUTHWEST FREWING STREET SAID POINT BEING
20.00 FEET FROM THE CENTERLINE THEREOF, SAID POINT ALSO BEARS SOUTH 51°32'00" EAST 170.24
FEET FROM THE WESTERLY MOST CORNER OF THAT TRACT OF LAND BEING DESCRIBED BY DEED IN
DOCUMENT NUMBER 2012-021078 AND BEING MARKED BY A RAILROAD SPIKE;THENCE NORTH
82°47'18" EAST 60.00 FEET;THENCE SOUTH 07°12'42" EAST 30.00 FEET;THENCE SOUTH 82°47'18"
WEST 30.70 FEET TO A POINT ON THE EASTERLY LINE OF SOUTHWEST FREWING STREET;THENCE
NORTH 51°32'00" WEST 41.93 FEET ALONG SAID EASTERLY TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS IS SOUTH 51°32'00" EAST ALONG THE CENTERLINE OF SW FREWING STREET.
CONTAINING 1,360 SQUARE FEET MORE OR LESS.
PREPARED BY:CESNW
REGISTERED
PROFESSIONAL
LAND SURVEYOR
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OREGON
MAY 21, 2013
PAUL ALLEN KOHN
58964PLS
RENEWS: 6/30/21
Page 1 of 2
/ EXHIBIT "C"
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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.
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1JPERMANENT STORM EASEMENT 5/12/20
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