2020-111941 ~ 13500 SW Hall Blvd Washington County,Oregon 2020-111941
D-E
Stn=61 N MEJIA 11/06/2020 08:40:41 AM
$35.00$5.00$11.00$5.00$60.00 $116.00
I,Margaret Garza,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 county. '..
Margaret Garza, Director of Assessment
and Taxation, Ex-Officio County Clerk
Space above this line for Recorder's use.
After recording, return to:
Grantee Grantor
Oregon DEQ City of Tigard
700 NE Multnomah Street, Suite 600 13125 SW Hall Blvd.
Portland, OR 97232 Tigard Oregon, 97223
Attention: Franziska Landes
EASEMENT AND EQUITABLE SERVITUDES
This grant of Easement and acceptance of Equitable Servitudes ("EES")is made on
September 21, 2020 between City of Tigard("Grantor")and the State of Oregon, acting by and
through the Oregon Department of Environmental Quality("DEQ"or"Grantee").
RECITALS
A. Grantor is the owner of certain real property located at 13500 SW Hall Boulevard,
Tigard, Zip Code 97223,in Washington County, Oregon,Washington County Tax Lots
2S102DA00600, 2S 102DD00100 and 2S102DD00200 (the"Property"),the location of which is
more particularly described in Exhibit A to this EES. The Property is referenced under the name
Tigard Library, ECSI#4063, in the files of DEQ's Environmental Cleanup Program at the
Northwest Region office located at 700 NE Multnomah Street, Suite 600, Portland, Oregon, and
telephone 503-229-5696. Interested parties may contact the Northwest Region office to review a
detailed description of the risks from contamination remaining at the Property and described in
the Record of Decision(ROD), Remedial Action Alternative,Tigard Library Property, date
August 15, 2011, and in GeoEngineers' Human Health Risk Assessment and Level I and Level II
Ecological Risk Assessment, dated July 11,2008 (hereafter referred to as the"Risk Assessment
Report").
B. On August 15,2011,the Director of the Oregon Department of Environmental
Quality or delegate selected the remedial action for the Property set forth in the Record of
Decision(ROD), Remedial Action Alternative, Tigard Library Property.The remedial action
selected requires, among other things: a deed restriction to notify potential future property
owners of elevated arsenic concentrations and requirements and limitations associated with the
use of the property, such as maintaining fencing, caps, implementing a contaminated media
management plan(CMMP)to ensure the continued protectiveness of implemented engineering
controls.
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City of Tigard
C. On September 3,2004, Grantor entered into a Voluntary Cleanup Program
Agreement("Agreement")with DEQ,under which Grantor agreed to implement the selected
remedial action,including the required institutional controls.
D. This EES is intended to further the implementation of the selected remedial action
and protect human health and the environment.
E. Nothing in this Easement and Equitable Servitude constitutes an admission by
Grantor of any liability for the contamination described in the Easement and Equitable Servitude.
1. DEFINITIONS
1.1 "DEQ" means the Oregon Department of Environmental Quality, and its employees,
agents, and authorized representatives. "DEQ" also means any successor or assign of
DEQ under the laws of Oregon, including but not limited to any entity or instrumentality
of the State of Oregon authorized to perform any of the functions or to exercise any of the
powers currently performed or exercised by DEQ.
1.2 "Ecological receptor"has the meaning set forth in OAR 340-122-0115.
1.3 "Engineering control"has the meaning set forth in OAR 340-122-0115
1.4 "Hazardous substance"has the meaning set forth in ORS 465.200
1.5 "Owner"means any person or entity, including Grantor,who at any time owns,occupies,
or acquires any right,title, or interest in or to any portion of the Property or a vendee's
interest of record to any portion of the Property, including any successor, heir, assign or
holder of title or a vendee's interest of record to any portion of the Property,but
excluding any entity or person who holds such interest solely for the security for the
payment of an obligation and does not possess or control use of the Property.
1.6 "Remedial Action"has the meaning set forth in ORS 465.200 and OAR 340-122-0115.
2. GENERAL DECLARATION
2.1 Grantor, in consideration of Grantee's pending issuance of a No Further Action
letter with conditions, grants to DEQ an Easement for access and accepts the Equitable
Servitudes described in this instrument and, in so doing, declares that the Property is now subject
to and must in future be conveyed, transferred,leased, encumbered, occupied,built upon, or
otherwise used or improved,in whole or in part, subject to this EES.
2.2 Each condition and restriction set forth in this EES touches and concerns the
Property and the equitable servitudes granted in Section 3 and easement granted in Section 4
below,runs with the land for all purposes,is binding upon all current and future owners of the
Property as set forth in this EES, and inures to the benefit of the State of Oregon. Grantor further
conveys to DEQ the perpetual right to enforce the conditions and restrictions set forth in this
EES.
Easement and Equitable Servitudes Page 2 of 7
City of Tigard
3. EQUITABLE SERVITUDES
(REQUIRED ACTIONS AND RESTRICTIONS ON USE)
31 Soil Cap Engineering Control and Access Restrictions.Ownerwillmaintainthesoilcapand
restrict access to portions of the site as specified below and in accordance with the
Comprehensive Management Plan for Arsenic-Contaminated Soil and Sediment Media
Management Plan(November 16, 2012),the ROD (August 15, 2011), and approved in writing
by DEQ.Exhibit A shows the location of restricted areas. Except upon prior written approval
from DEQ, Owner may not conduct or allow operations or conditions on the Property or use of
the Property in any way that might penetrate any soil cap at the Property or jeopardize the soil
cap's protective function as an engineering control that prevents exposure to contaminated soil,
including without limitation any excavation, drilling, scraping, or uncontrolled erosion. Owner
will likewise restrict public access to areas as necessary to prevent exposure to residual
contamination at the Property. Restrictions are outlined below.
3.1.1.Parking and Pine Tree Areas—A demarcation layer and a minimum 6-inch layer
of bark dust will be maintained in these areas. Owner will annually inspect these
areas and maintain the demarcation layer/cap. The soil near the walkways or the
parking areas may be removed to provide at least 4 inches of cover, and will be
graded to the completed depth of 6 inches within 2 feet of the edges.
3.1.2.Wetland Area and Wild Areas—Public access to these areas will be limited
through the installation and maintenance of a minimum 36-inch high fence, and
Owner will additionally maintain the wild character in this area to discourage use by
the public. Fencing has already been installed around a portion of the wetland area
(south and east of Wall Street Extension), and additional fencing is not necessary
with the vegetation maintained in a wild state. Any unintended trails(i.e., created
by users that do not stay on designated walkways)that may develop through the
overgrown areas need to be repaired and returned to a natural state, such that they
will no longer be readily usable.
3.1.3.The North Field—Public access to the North Field Area will be restricted
through the installation of a minimum 36-inch fence around the entire area and by
allowing area vegetation to grow(i.e.,no cutting of vegetation beyond rough
seasonal mowing for fire prevention)
32. Use of the Property. Owner may not occupy or allow other parties to occupy the
Property unless the controls listed in this Section 3 are maintained.
4. EASEMENT
(RIGHT OF ENTRY)
During reasonable hours and subject to reasonable security requirements, DEQ may enter
upon and inspect any portion of the Property to determine whether the requirements of this EES
have been or are being complied with. Except when necessary to address an imminent threat to
human health or the environment,DEQ will use its best efforts to notify the Owner 72 hours
before DEQ entry to the Property. DEQ may enter upon the Property at any time to abate,
Easement and Equitable Servitudes Page 3 of 7
City of Tigard
mitigate, or cure at the expense of the Owner the violation of any condition or restriction
contained in this EES,provided DEQ first gives written notice of the violation to Owner
describing what is necessary to correct the violation and Owner fails to cure the violation within
the time specified in such notice. Any such entry by DEQ to evaluate compliance or to abate,
mitigate, or cure a violation may not be deemed a trespass.
5. RELEASE OF RESTRICTIONS
5.1. Owner may request release of any or all of the conditions or restrictions contained
in this EES by submitting such request to the DEQ in writing with evidence that the conditions
or restrictions are no longer necessary to protect human health and the environment. The
decision to release any or all of the conditions or restrictions in this EES will be within the sole
discretion of DEQ.
5.2. Upon a determination pursuant to Subsection 5.1,DEQ will, as appropriate,
execute and deliver to Owner a release of specific conditions or restrictions, or a release of this
EES in its entirety.
6. GENERAL PROVISIONS
6.1. Notice of Transfer/Change of Use. Owner must notify DEQ within 10 days after
the effective date of any conveyance, grant, gift, or other transfer, in whole or in part, of Owner's
interest in or occupancy of the Property. Such notice must include the full name and address of
the Party to whom Owner has transferred an interest or right of occupancy. In addition, Owner
must notify DEQ a minimum of 10 days before the effective date of any change in use of the
Property that might expose human or ecological receptors to hazardous substances. Such notice
must include complete details of any planned development activities or change in use.
Notwithstanding the foregoing, Owner may not commence any development inconsistent with
the conditions or restrictions in Section 3 without prior written approval from DEQ as provided
in Section 3 of this EES or removal of the condition or restriction as provided in Subsection 5.1.
This subsection does not apply to the grant or conveyance of a security interest in the Property.
6.2. Zoning Changes. Owner must notify DEQ no less than 30 days before Owner's
petitioning for or filing of any document initiating a rezoning of the Property that would change
the base zone of the Property under the City of Tigard zoning code or any successor code. As of
the date of this EES, the base zone of the Property is PR:Parks and Recreation Zone.
6.3. Cost Recovery. Owner will pay DEQ's costs for review and oversight of
implementation of and compliance with the provisions in this EES,including but not limited to
periodic review and tracking of actions required by this EES. This EES constitutes the binding
agreement by the Owner to reimburse DEQ for all such eligible review and oversight costs. DEQ
will establish a cost recovery account for tracking and invoicing DEQ project costs. DEQ will
provide the Owner with a monthly statement and direct labor summary. DEQ costs will include
direct and indirect costs. Direct costs include site-specific expenses and legal costs. Indirect costs
are those general management and support costs of the State of Oregon and DEQ allocable to
DEQ oversight of this EES and not charged as direct site-specific costs. Indirect charges are
based on actual costs and are applied as a percentage of direct personal services costs.
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City of Tigard
6.4. Inspection and Reporting. Owner will immediately notify DEQ of any condition
or occurrence at the Property that does not conform with provisions of this EES. In addition,
Owner will maintain records documenting inspection and reporting as outlined in the DEQ
approved Comprehensive Management Plan for Arsenic-Contaminated Soil and Sediment Media
Management Plan(November 16,2012). Owner will submit inspector records to DEQ within 30
days of receipt of a notice letter from DEQ of its periodic review of compliance with this EES.
Reports provided to DEQ in response to this notification must include sufficient detail to allow
DEQ to determine compliance with EES requirements, and include a photographic log that
supports the report's narrative.
6.5. Reference in Deed. A reference to this EES,including its location in the public
records,must be recited in any deed conveying the Property or any portion of the Property. Each
condition and restriction contained in this EES runs with the land so burdened until such time as
the condition or restriction is removed by written certification from DEQ, recorded in the deed
records of the County in which the Property is located, certifying that the condition or restriction
is no longer required to protect human health or the environment.
6.6. Effect of Recording. Upon the recording of this EES, all future Owners are
conclusively deemed to have consented and agreed to every condition and restriction contained
in this EES,whether or not any reference to this EES is contained in an instrument by which
such person or entity occupies or acquires an interest in the Property.
6.7. Enforcement and Remedies. Upon any violation of any condition or restriction
contained in this EES, the State of Oregon, in addition to the remedies described in Section 4,
may enforce this EES as provided in the Agreement or seek available legal or equitable remedies
to enforce this EES,including civil penalties as set forth in ORS 465.900.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement and Equitable
Servitude as of the date and year first set forth above.
Easement and Equitable Servitudes Page 5 of 7
City of Tigard
BY SIGNATURE BELOW,THE STATE OF OREGON APPROVES AND ACCEPTS THIS
CONVEYANCE PURSUANT TO ORS 93.808.
GRANTOR:C. of Tiga d .,
By:_Nadine Robinson, Central Services Director Date:
STATE OF OREGON )
) ss.
County of )
The foregoing instrument is acknowledged before me this I sr day of
do 6 , 2070,by v '" , of City of Tigard, on its behalf.
OFFICIAL STAMP
i
ERNESTINA ESCALERA
NOTARY PUBLIC-OREGON s ., At . '
Y CO.MMISCOMMISSION N0.998434 NOTARY PUBLIC FOR OREGON
MY COMMISSION EXPIF,S MAY 11, 0za
My commission expires: maya
GRANTEE: State of Oregon,Department of Environmental Quality
By: .l1
�� Date:
Paul Seidel, Manager,Northwest Region Cleanup Section
STATE OF OREGON )
ss.
County ofAitioriefizeup
JJ�he foregoing instrumen 's acknowledgejjoefore me this 3' day of
/4 ,tiersa , 20,by '7-44m-[Name] of the Oregon
Department of Environmental Quality, on its behalf.
'f OFFICIAL STAMP 9 BRElNT JOHN FUNKAf
) C,d NOTARY PUBLIC•OREGON ()
( COMMISSION NO.1004970 l //r,
l MY COMMISSION EXPIRES OCTOBER 28,a024
+OTARY PUBL FOR OREG ,N
My commission expires: /
Easement and Equitable Servitudes Page 6 of 7
City of Tigard
EXHIBIT A
Legal Description of the Property
A EXHIBIT"A` 11;1111111111�I 1111111
•
PARCEL 2002.136823
The North one•helf of Lot 1,EDGEWOOD ACRE TRACTS,in the City of Tigard,County of Washington
and Stets of Oregon,
rARCEL.II:
The South ons-heli of Lot 1, EDGEWOOD, in the City of Tigerd, County of Washington and State of
Oregon.
FARCE!.III:
AU that certain treat of land in the William Grehem Donation Land Claim No, 39 In Township 2 South,
Range I West of the Willamette Meridian, In the City of Tigard, County of Weehington end State of
Oregon,conveyed to Beecher B.Robinson by Deed recorded at page 193 of Volume 126,Washington
County,Oregon Deed ROWS,and being more particularly described a;follows,to-Wit.
Beginning at the Southwest corner of the aforesaid Robinson Tract In the center of the County Road at
the Northwest corner of Lot 1,EDGEWOOD,a duly recorded eubdlvlslon of Washington County,Oregon,
which beginning point ie said to bear 5.80 chains Weat end 21.02 chains Wirth of the Northwaet corner
of Section 12,Township 2 South,Range t Met,of the Willamette Meridian;thence from said point of
beginning Nonh 0°22'Easy in the center of the said county road 969.4 feet to the Northwest corner of
the said Robinson Tract;thence South 47°43'East 26.9 feet to an iron pipe;thence continuing South
47°43'East 431.1 fest to en iron pipe;thence South 88.0 feet to en alder tree marked"C.S.";thence
continuing South 16.0 feet to a point in the center of pinna Creek,from whloh point en iron pipe boars
North 19.9 feet;thence down stream following the center of Fenno Creek the following courses and
distance: South 37001'fast 110,0 feet;South 28°58'West 126.0 feet;South 6°44'Watt 86.8 feet;
South 30"Q13"East 40.6 feet;South 73°01'East 44.6 feet;North 63°56'Feat 71,7 feet;South 74°06'
East 33,1 foot;South 4°44'Wert 72.6 foot;South 24°24'Eget 64.3 fest;South 51°2'East 137.0 feet
end South 11°35'West 42,7 feet toe point on the North One of sold EPOEWOOO SUBDIVISION:thence
North59°00'Weat along the North line of aforesaid subdivision 85.1 feet to a point in the center of
Fenno Creek. from which point en iron pipe beams South 89°00' Fast 17.1 feet; thence running
downstream in the center of Fenno Creek North 38°t8'Weed 32.8 feet North 56°28'West 104.6 feet,
South 86°48'Wart 41.5 feet and South 12°02'West 784 foot to a point on the North line of aforesaid
subdlvialon,from which point en Iron pipe baare North 89°D0'West 28.0 feet thence leaving Fenno
Croak and running along the North line Of said subdivision 520.0 feet to the place of beginning.
SAVE AND EXCEPT THEREFROM that portion conveyed to the State of Oregon,by and through the State
Highway Commission recorded August 26,1885 in Book 668,page 308,Records of Washington County.
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City of Tigard