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2020-130201 ~ Milton Court ~ Burlington Northern Railroad Washington County,Oregon 2020-130201 D-AE Stn=2 S AKINS 12/18/2020 09:12:15 AM $65.00$11.00$5.00$60.00 $141.00 I,Margaret Garza,Director of Assessment and Taxation and Metro Ex- Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and 600 NE Grand Ave. recorded in the book of records of said county. Portland,OR 97232 Margaret Garza, Director of Assessment Grantor Name and Address and Taxation, Ex-Officio County Clerk City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Grantee Name and Address After recording return to: Gary Shepherd Office of Metro Attorney 600 NE Grand Ave. Portland,OR 97232 Send tax statements to: , No change EASEMENT AGREEMENT (Water Line) THIS AGREEMENT is between Metro,a municipal corporation of the State of Oregon("Metro")and the City of Tigard,a municipal corporation of the State of Oregon ("Tigard") (each a"Party"or together"Parties"). In consideration of the mutual promises and obligations contained herein, receipt of which is hereby acknowledged,the Parties agree as follows: RECITALS A. Metro is the owner of real property commonly known as 2S101CC000100,County of Washington,State of Oregon recorded as document no.99073022 in Washington County deed records and legally described in Exhibit C ("Metro Property"). Metro Property is managed as the Brown Natural Area. B. Tigard owns and operates water transmission and distribution facilities adjacent to Metro Property,including two water lines which currently dead-end to the northeast and south of Metro Property(along SW Tech Center Drive and SW Milton Court respectively). C. Tigard desires to install a 12-inch water line underground and associated valving along the eastern portion of Metro Property,connecting the existing dead-end lines,as depicted in Exhibits B and D. D. In accordance with Metro Council Resolution No.97-2539B,Tigard sought approval from the Metro Council for a water line easement to support the water line. Through Metro Council Resolution No. 19-5006,Metro Council authorized Metro to grant a water line easement upon agreeing to acceptable terms. E. The Parties desire to create a new water line easement for the benefit of Tigard over a portion of Metro Property and to establish rights and obligations concerning the use and maintenance of Metro Property. Page 1 —Water Line Easement 1. Easement and Easement Purpose. Permanent Easement: Metro grants Tigard a permanent,non-exclusive easement to construct, reconstruct,remove,operate,maintain,repair and/or replace a 12-inch water line and associated valving(together"Water Line") under and along the Easement Area for the purpose of connecting the two existing dead-end water lines to create a system loop. Tigard has the right to access the Easement Area,as defined below,at all times for purposes of inspecting the Water Line and exercising the Easement. Temporary Easement: Metro grants Tigard a temporary construction and staging area easement as depicted in Exhibit D,which automatically terminates without further action of either party after the Water Line is originally constructed as contemplated by this Agreement. If Metro,in its sole discretion,determines it is necessary,Tigard must record a quitclaim deed to Metro to extinguish the temporary easement. 2. Easement Area. For the permanent easement granted in section 1 above,the"Easement Area"benefiting Tigard is 15-feet wide centered on the pipeline as legally described in Exhibit A and depicted in Exhibit B. 3. Tigard Use,Limitations,and Maintenance. Tigard is solely responsible for constructing, reconstructing,removing,operating,maintaining,repairing and/or replacing the Water Line and all associated elements allowed or constructed pursuant to the Easement. To the maximum extent practicable,the Water Line must be installed underground beneath the proposed Fanno Creek Trail in order to minimize impacts to the surrounding Brown Natural Area. The Water Line pipe must be buried at least thirty-six inches (36")underground as measured from the top of the pipeline. Tigard must not disturb any ground or remove any trees without first consulting with Metro, providing construction plans,including erosion control,contractor information and work schedules for Metro review,and obtaining Metro's prior written approval. Tigard must not dispose,release,or otherwise permit the disposal or release on Metro Property of substances defined as"hazardous materials,""toxic substances,"or"solid waste,"in federal,state or local laws. Tigard must immediately notify Metro if any substance regulated above is accidentally released on Metro Property. Tigard is responsible for and must timely pay all costs of clean-up, remediation,and other costs associated with such release. Promptly after Tigard performs work pursuant to the Easement,Tigard must return the Easement Area and any other disturbed areas on the Metro Property to their condition prior to the work, unless otherwise agreed to in writing by Metro. The construction area and ground surface must be left in a neat,safe,and presentable condition. Use of the Easement and all activities in the Easement Area must comply with all applicable local, state,and federal laws and conditions associated with Metro Property and Water Line. 4. Metro Use. Except for the rights granted herein,Metro retains all rights to the Easement Area,including but not limited to rights to use the land for walkways,plantings,paths,asphalt, utilities,open space,park use,and associated improvements,and conveys no other rights or interests in,to,or on Metro Property. Page 2—Water Line Easement Metro has no obligation to perform,provide,or pay for any services,costs,liabilities,or expenses related to the Water Line and Easement use. Metro has the opportunity to review and comment on Water Line design and construction plans at 60%,90%,and final plan stages. Metro may grant other easements within the Easement Area as long as they do not unreasonably interfere with Tigard's Easement and use. Tigard understands that Tigard is operating and maintaining a Water Line in a natural area accessible by the public. While undertaking work or other activities on Metro Property,Tigard must ensure limited disruptions. The parties acknowledge that,to the extent so provided in ORS 105.672 to ORS 105.696,the parties are immune from liability for injuries incurred in the Easement Area by members of the public who access the Easement Area. 5. Disclaimers. The parties agree that all Easement rights will be exercised in compliance with all present and future laws,permits,rules,and regulations of the City of Tigard,the State of Oregon,or other governmental body having jurisdiction over the Easement Area or Water Line. Metro disclaims any representation or warranty as to encumbrances or rights of third parties affecting the Metro Property that may conflict or interfere with the rights granted herein,or that Metro holds all rights necessary or incident to the use of the Easement. Tigard acknowledges there may be risks in entering onto Metro Property and accepts any and all such risk. Metro makes no warranty or representation regarding the condition of Metro Property or its ability to accommodate the Easement Purpose. For purposes of activities allowed by this Agreement,Tigard accepts Metro Property"AS-IS." Metro is not responsible for actions of the members of the public,trees,roots,plants,erosion,earth movement,other natural conditions,and events which may affect or damage the Easement,use,or Water Line. Metro bears no responsibility for the use and Water Line permitted under or by the Easement or damage by others,except for damage negligently or willfully caused by Metro,its contractors,or employees during ground disturbing construction activities on Metro Property. Notwithstanding, Metro is not responsible for any lost profits,consequential damages,punitive damages,or other financial damages that may be claimed by Tigard; Metro's sole responsibility is to repair the damaged Water Line to its condition prior to the disturbance. 6. Taxes. Tigard agrees that Tigard is responsible for the payment of taxes,fees or assessments against Metro,if any,attributable to Tigard's use of the Easement Area or attributable to Tigard's ownership,use,or control of the Water Line on Metro Property. 7. Insurance. Tigard as part of a self-insurance pool,agrees to maintain a general commercial policy of insurance providing liability insurance coverage insuring Tigard's use of Metro Property and protecting Tigard and Metro against third party claims for bodily injury,death,and property damage in an amount no less than$2,000,000 per occurrence. Said policy must name Metro as an additional insured. Proof of said policy must be provided to Metro upon Metro's request. Page 3—Water Line Easement 8. Construction Liens. Tigard must indemnify Metro against any and all liens attaching against Metro Property and resulting from Tigard,its contractor's and agent's activity on the Easement Area,and shall obtain the immediate release of said liens. 9. Termination. This easement is perpetual,subject to the following. (a) By Mutual Consent. The parties may terminate this Easement Agreement by mutual consent,by signing and recording a notice of termination. (b) By Metro. (i) If Tigard uses the Easement Area for a purpose other than the easement's purpose or ceases to operate the water line as provided herein in the Easement Area,Metro may terminate the Easement Agreement at any time by recording a notice of termination. (ii) If Tigard damages the Easement Area,fails to fulfill or otherwise violates the terms of this Agreement,Metro may terminate the Easement Agreement at any time by recording a notice of termination. However,before termination is permitted,Metro must give Tigard written notice of the breach,Metro's intent to terminate,and not less than thirty(30) calendar days to cure the breach. If the breach is not timely cured,Metro may terminate the Easement Agreement at any time by recording a notice of termination. If Metro,in its sole discretion,determines it is necessary,Tigard must record a quitclaim deed to Metro to extinguish the Easement. 10. Obligations that survive termination or abandonment of Easement. Together with those in section 3 above related to Tigard obligations or liability,the provisions in this section survive the termination or abandonment of the Easement. Unless previously removed or as otherwise agreed to in writing by Metro,upon termination or abandonment,Tigard must remove all Water Line facilities and related equipment from Metro Property and return the property to a natural condition,all to Metro's approval. If Tigard fails to do so,Metro may,at its sole discretion,assume ownership of items remaining on Metro Property and Tigard is required to reimburse Metro for its costs and fees incurred in removing the Water Line and associated facilities,and reestablishing the area to its pre-existing or natural condition. Tigard is responsible for all damages to Metro Property and improvements or trees (except for those that Metro has approved to be removed) on Metro Property caused by or arising out of the construction,maintenance,repair,replacement,or operation of the Water Line or use of the Easement,other than to the extent any such claims arise from the negligent or willful conduct of Metro,its officers,directors,agents,employees,contractors and subcontractors. With respect to claims brought by third parties,to the maximum extent permitted by law,Tigard must indemnify,defend,and hold harmless Metro,its elected officials,officers,agents,and employees,from and against all claims,suits,actions,losses,damages,consequential or otherwise, liabilities,costs and expenses (including attorney fees and on appeal) recovered or made against Metro for any property damage or personal injury resulting from,relating to,or involving(i)the Water Line, (ii)the acts,omissions,or negligence of Tigard,its officers,directors,agents, employees,invitees,contractors or subcontractors,or(iii) use of the Easement,whether or not due Page 4—Water Line Easement to Tigard's own act or omission and whether or not occurring on the Easement Area; unless caused by the negligent or willful conduct of Metro,its officers,directors,agents,employees,contractors and subcontractors. 11. Dispute Resolution. In the event that a dispute arises under this Agreement,the parties must first meet in an effort to resolve the dispute. Thereafter,all claims will be filed in Washington County Circuit Court,wherein all parties waive their right to a jury trial and any claim to attorney fees. 12. Notice. All notice and correspondence must be given in writing to the address set forth below and is deemed given upon (a)personal service,(b) email,or(c) deposit in the United States Mail,postage prepaid. All such notices are deemed received (i)upon personal service, (ii) upon confirmation of email receipt, (iii)three (3) days after deposit in the United States Mail,postage prepaid,or(iv) one(1) day after deposit with a nationally recognized overnight courier service: To Tigard: City of Tigard Attn: City Manager 13125 SW Hall Blvd. Tigard,OR 97223 Copy to: City of Tigard Attn: City Attorney 13125 SW Hall Blvd. Tigard,OR 97223 To Metro: Metro Parks and Nature Director 600 NE Grand Avenue Portland,Oregon 97232 Copy to: Metro Office of Metro Attorney 600 NE Grand Avenue Portland,Oregon 97232 The foregoing addresses may be changed by giving written notice. Notice given in any manner other than the manners set forth above will be effective when received by the Party for whom it is intended. 13. Covenants. The terms,conditions,and provisions of this Agreement extend to,bind, benefit,and burden the successors and assigns of the parties hereto and run with the land. 14. Miscellaneous. If any term or provision is held invalid or unenforceable by a court order or judgment,the validity of the remaining provisions are not affected. Failure at any time to require performance of any provision does not limit a Party's right to enforce the provision. Any waiver of any breach is not a waiver of any succeeding breach or a waiver of any provision. The Parties acknowledge and agree that time is of the essence with respect to every term,condition,obligation, and provision. The laws of the State of Oregon govern. No rights in the public or third parties are created. This Agreement is the entire,final,and complete agreement of the Parties. This Page 5—Water Line Easement Agreement may only be amended in writing,as evidenced by a fully executed,acknowledged,and recorded document. This Agreement is executed on the last day signed below. Metro,an Oregon municipal corporation Marissa Madrigal p Chief Operating Officer STATE OF OREGON,County of Multnomah) ss. The foregoing instrument was acknowledged before me this I day of ,20 20 by Marissa Madrigal,Chief Operating Officer,Metro. f" > OFF1CiAL STAMP :;• {�; � JENNfr�,R;,,�r3�VILLARREAL " Nn-APV PUBLIC-OREGON �— �w� COMMISSION NO 965914 Notary • lic for State o Or gon NW COMMISSION EXPIRES AUGUST 27,202.1- My Commission Expires: 911--1/94 City of Tigard,an Oregon municipal corporation ,ol• is Title: I+-, STATE OF OREGON,County of Washington) ss. The foregoing instrument was acknowledged before me this 14-*day of lie ce rnb e r ,20 2.0 by ga+N Afqi d (name), I vt4-er i w. ei 17larn4Srr(title),City of Tigard. '.. � OFFICIAL STAMP '1:f/2A 0- A Ace' ?`�' CAROL ANN KRAGER Notary Public for State of Oregon " � NOTARY PUBLIC-OREGONO My Commission Expires: G h g� �° � COMMISSION N0.975701 MY COMMISSION 04PII4E JWNE 18 2022 Page 6—Water Line Easement AKS AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,SO*100,Tualatm,OR 97062 AKS Job#5703-05 P:(503)563-6151 www.aks-eng.com ENGINF-ERING FOREsTRT OFFICES IN: BEND,OR - KEIZER,OR - TUALATIN,OR -VANCOUVER,WA EXHIBIT A Waterline Easement Description A strip of land 15.00 feet in width (offset 7.50 feet on both sides of the following described centerline), located in the Southwest One-Quarter of Section 1 and in the Northwest One-Quarter of Section 12,Township 2 South,Range 1 West,Willamette Meridian,City of Tigard,Washington County, Oregon, and the centerline being more particularly described as follows: Commencing at the southeasterly corner of Tract A of the plat "Bonita Industrial Park", Washington County Plat Records, also being on the northerly right-of-way line of SW Milton Court(55.00 feet from centerline); thence along said northerly right-of-way line on a curve to the left with a Radius of 55.00 feet,a Delta of 13'42'41",a Length of 13.16 feet,and a Chord of South 64°43'49" West 13.13 feet to the Point of Beginning; thence leaving said northerly right-of-way line,North 23°10'16" West 182.20 feet; thence along a curve to the right with a Radius of 500.00 feet, a Delta of 16°47'24", a Length of 146.52 feet, and a Chord of North 14°46'34" West 146.00 feet; thence North 06°22'52" West 43.73 feet; thence North 49°52'08" East 12.81 feet to the southwesterly right-of-way line of Burlington Northern Railroad (50.00 feet in width) and the Point of Terminus. The sidelines of the above described strip of land shall be extended and shortened to terminate at said northerly right-of-way line of SW Milton Court and said southwesterly right-of-way line of Burlington Northern Railroad. The above described tract of land contains 5,781 square feet, more or less. 9/23/2019 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 9, 2007 NICK WHITE 70652LS RENEWS: 6730T2-0-2 EXHIBIT A STRIP OF LAND 15.00 FEET IN WIDTH, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 1 AND IN THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 .SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON N49'52'08"E 12.81' POINT OF CURVE TABLE TERMINUS 1 , CURVE RADIUS DELTA LENGTH CHORD N0622'52"W 43.73'—'i'i I Cl 55.00' 1342'41" 13.16' S64'43149wW 13.13' I A AREA=5,781 SFt j Gip C2 500.00' 1647'24" 1 146.52' N1446'341'W 146.00' 11 `le ti y N` 1 7 DOC. NO. �\ \`_15Q0 ,`1#(• 99073022 � X\ ,I 50 ,p O o`\\ LOT 8 o \ '�Q *. % \ r\--- � %\\ POINT OF COMMENCEMENT SE COR TRACT A 1 POINT OF BEGINNING TRACT A Cl L=13.16' R, LOT 7 SS N ITA "BUSTRIAL IN-PARK" 3 \ SW MILTON COURT 9/23/2019 PREPARED FOR SCALE: 1"=80 FEET REGISTERED CITY OF TIGARD r PROFESSIONAL 13125 SW HALL BOULEVARD " / LAND SURVEYOR TIGARD, OR 97223 80 0 16 40 80 ---.--/ ORIGINAL PAGE SIZE: 8.5" x 11" /dfl., ' WATERLINE EASEMENT MAP EXHIBIT JANUARY 9OREG� U2007 AKS ENGINEERING & FORESTRY, LLC DRWN: WCB NICK WHITE 12965 SW HERMAN RD, STE 100 AK cHKo: NSW 70652LS TUALATIN, OR 97062 AKS JOB: RENEWS: 6/30/20 503.563.6151 WWW.AKS-ENG.COM 5703-05 NE-5-703-05 20190923 EXB' Exhibit C Metro Real Property Legal Description Government Lots No. 5 and No. 6 in Section 1, Township 2 South,Range 1 West, Willamette Meridian, Washington County, Oregon. EXCEPTING THEREFROM that portion lying within the boundaries of the Oregon Electric Railroad right of way and the Southern Pacific Railroad right of way; ALSO EXCEPTING THEREFROM that portion of Government Lot.No. 5 lying East of the Southern Pacific Railroad right of way; AND FURTHER EXCEPTING THEREFROM that portion of Government Lot No. 5 lying within the boundaries of Bonita Industrial Park. ********** EXHIBIT D, PART 1 OF 4 (UPPER LEFT QUADRANT) MECHANICALLY RESTRAIN ALL JOINTS. MECHANICAL THRUST RESTRAINT DEVICES SHALL BE THE TYPE DESIGNED FOR USE WITH DUCTILE IRON PIPE. THE DEVICES SHOULD MEET THE TEST REQUIREMENTS OF THE CITY OF TIGARD AND BE APPROVED BY THE PROJECT ENGINEER. TRI-MET WESTSIDE EXPRESS SOUTHERN PACIFIC RAILROAD ® WATER NOTES: 1. STA 1+00.00 REMOVE TEMPORARY BLOW-OFF ASSEMBLY. CONNECT 12" WATER MAIN TO EXISTING 12" WATER VALVE. INSTALL CORPORATION STOP TO TEST NEW 12" WATER MAIN. VEGETATED CORRIDOR 2. INSTALL 66.3 LF OF 12" DI WATER PIPE FROM CONNEC11ON AT STA (DEGRADED CONDITION) 1+00.00 TO HDD CONNECTION POINT AT STA 1+66.24. SAMH RIM=150.75' 3. STA 1+66.24 IE IN (8",N) 141.86' HDD CONNECTION POINT. so IE our (e",$) 141.75' j INSTALL FLG X PE DI SPOOL DEFLECT PIPE 1.8' PER MANUFACTURER'S RECOMMENDATION. \ ,i,/ 6. 4. INSTALL 311 LF OF 12" HDPE WATER PIPE VIA HDD. \ \ Allfr. 5. STA 4+77.07 4"' HDD CONNECTION POINT. \ ----6 44:14 INSTALL FLG X PE DI SPOOL \ � DEFLECT PIPE 4.5'PER MANUFACTURER'S RECOMMENDATION. \ ,, y' 7�- /` 6. INSTALL 36.6 LF OF 12" DI WATER PIPE FROM CONNEC11ON AT STA 4', °�/ / /- / /s{ \ 5+13.61 TO HDD CONNECTION POINT AT STA 4+77.07. \ , 40 _ 7. STA 4+93.79 ,O " � 1185 INSTALL 12" 45'MJ BEND. \ ` °" 110 it;* � INSTALL 12" 11.25' MJ BEND. \\* 1116b ��J, �1184 8. STA 4+98 39 _ / 11�� ---- INSTALL AIR RELEASE VALVE PER C.O.T. STANDARD DRAWING NO. 590. ��,\ o� ---1188 t Air . _---- INSTALL CORPORATION STOP TO TEST NEW 12" WATER MAIN. \ - 9. STA 5+02.99 Q -I-1 ' ‘ i ,. INSTALL 12" MJ BUTTERFLY VALVE AND CONCRETE PAD PER C.O.T. PIPE °? O ______ STANDARD DRAWING NO. 504. VALVE TO BE INSTALLED LAYDOARWN / - _ --- ---- - APPROXIMATELY 3.6 FT WEST OF TRI-MET/METRO PROPERTY UNE. / / / -- 0 m } 1189 10. STA 5+13.61 6- /1\2!,.;_ ...._-,.a„„,------ ----, REMOVE EXISTING FENCE, CONCRETE PAD, TEMPORARY BLOW-OFF 1214 0.* ASSEMBLY, AND 12" BUTTERFLY VALVE. 1212 CUT AND CONNECT TO EXISTING 12" WATER PIPE. ° 1 ��# 1219 1226 �. 1213 `:�. 11. BORE PIT/RECEIVING PIT. CONTRACTOR TO SIZE AND LOCATE. 1211 '�, -SAMH RIM=153.67' "I IE IN (8",E) 145.52' IE OUT (8",S) 145.22' ^ 1223 ti II An II A EXHIBIT D, PART 2 OF 4 (UPPER~-^ ^ ^ ^^~=^ ^ ^ QUADRANT) - 1 ° EXHIBIT D, PART 3 OF 4 (LOWER LEFT QUADRANT) 1221 METRO & CITY OF 11GARD BY OFFICE OF METRO ATTY 155 PIPE — LAYA I 0 \ AREA -..... \ 150 \ / \ 0 - 5 � / �� ` WA ERG 12NE \ \ WATER LINE 6a 145 6° EXISTING SAN STA 4+90.76 I.E. 144.76 1 140 ---1, 2 H E i METRO & CITY OF TIGARD I Q�$ BY OFFICE OF METRO ATTY 135 is `N E TRIMET R/W MEMO R/W °1 130 a 0 0 0 0 R8 ++ ++ a-) LAI n v v i 4PRQi Revisions and Addendums AKS ENGINEERING & FORESTRY, LLC cINE; ,.:►� Description Date No. By 12965 SW TUALATIN, ORHER97 62DRD STE 100 _ V � - P: 503.563.6151 o F0 _ F: 503.563.6152 it WV-1v,, '49i .. aks-eng.com ' . ., 9, 1 p.'icP. � ENGINEERING•SURVEYING •NA ' CHR 151\ I FORESTRY•PLANNING•LANDSC RENEWAL DATE: 12/31/19 I DESIGN: JAW I DRAWN: DR \ --\ N-- , \-- \_ \_ --\_ - -\_ - N ' --\ \-_, -\_N- --\_\_ -\ -, A- EXHIBIT D, PART 4 OF 4 (LOWER RIGHT QUADRANT) SCALE: 1"=20 FEET 161 20 0 4 10 20 ORIGINAL PAGE SIZE 22•x 34" 155 150 24" EXISTING STM ()/ STA 3+95.30 I.E. 143.28 1 \ \ 145 L _ EXISTING GROUND _— � 11'DRILL ANGLE ` — — — — — - _ _ �QQ 140 4'-0• MIN R=500' COVER R=500' © ,/ 1 EXISTING 12" WATER LINE— 135 311 LF 12" HDPE (SDR 11) 8" EXISTING SAN WATERLINE PROF LE STA 3+62.28 HOR: 1" = 20' I.E. 134.62 VERT: 1" = 4' S 0 0 0 0 0 ,n 130 M M N N o ENGINEERING DVISION SHEET II PUBLIC WORKS DEPARTMENT C400 13125 S.W. HALL BLVD. MILTON COURT WATER MAIN EXTENSION 6 1:7:, OREGON 97223 O F _VOICE: 503-639-4171 \TUBAL RESOURCES =FAx: sD3 s24 0752 — 9 APE ARCHITECTURE 'www.nGARD oR.cov FILE NO WATER PLAN 8c PROFILE v I CHECK: JPC PROJ. NO: 5703-051 BID ON: