2021-049993 ~ Tigard Street Washington County,Oregon 2021-049993
After recording return to: °_E 04/26/2021 08:45:47 AM
Stn=6 M FERNANDES
$15.00$11.00$5.00$60.00 $91.00
City tof Tigard,Oregon
1 Blvd. I,Joe Nelson,Interim Director of Assessment and Taxation and Ex-
13125 S11!o Hall Blvd. Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
Tigard OR 97223 recorded in the book of records of said county.
Joe Nelson,Interim Director of
Assessment and Taxation, Ex-Officio
AMENDMENT OF EASEMENT
sE
Tl-1.IS Amendment of Trail and Greenway Easement("Amendment") is executed thisri/ day
of APR 1 C , 2021 by Tigard Industrial, LLC ("Grantor") and the.City of Tigard,
Oregon, ("City"),collectively,the"Parties."
WHEREAS, Grantor originally conveyed to Metro a trail and greenway easement in 2010, by
Document Number 2010-026710, recorded in the real property records of Washington County.
Oregon (the "Casement"),
WHEREAS, Metro assigned the Easement to the City of Tigard in 2012, by Document Number
2012-038178.
WHEREAS, Section 2 of the Easement currently provides for a trail width which does not
accommodate proposed construction of a new trail in the Easement Area. The Parties now wish
to amend the Easement to accommodate the construction of the Fanno Creel,.Trail,
NOW,THEREFORE,the Easement is amended as follows:
1, Section 2 is amended from:
Purposes, The two general purposes of this Easement are to authorize a portion of
the Easement Area to be used as a public bicycle and pedestrian trail for public recreation
and for the remainder of the Easement Area to be protected and restored as a natural area
to protect water quality and provide and improve fish and wildlife habitat, Holder shall
have the right to enter the Easement Area at any time to establish, install,construct,
maintain,and repair(a)a trail and pathway,which trail shall be not more than 12 feet 6
inches in width(the"Trail"),and (b)a vegetated buffer of native plants and natural
habitat on all other portions of the Easement Area not used for the Trail (the
"Greenway"). The Trail may be either a low-impact soft surface trail or an all-weather
paved trail,or any combination or variant thereof. Holder shall also have the right to
permit the public to access and use the Trail established, installed, and constructed by
Holder.
To read as follows:
Page 1 of 3
AMENDMENT OF EASEMENT
After recording return to:
City of Tigard, Oregon
13125 SW Ha11 Blvd.
Tigard, OR 97223
AMENDMENT OF EASEMENT
St
THIS Amendment of Trail and Greenway Easement("Amendment") is executed this ) day
of Apra I L , 2021 by Tigard Industrial, LLC ("Grantor") and the City of Tigard,
Oregon, ("City"), collectively,the "Parties."
WHEREAS, Grantor originally conveyed to Metro a trail and greenway easement in 2010, by
Document Number 2010-026710, recorded in the real property records of Washington County,
Oregon (the "Easement").
WHEREAS, Metro assigned the Easement to the City of Tigard in 2012, by Document Number
2012-038178.
WHEREAS, Section 2 of the Easement currently provides for a trail width which does not
accommodate proposed construction of a new trail in the Easement Area. The Parties now wish
to amend the Easement to accommodate the construction of the Fanno Creek Trail.
NOW, THEREFORE,the Easement is amended as follows:
1. Section 2 is amended from:
Purposes. The two general purposes of this Easement are to authorize a portion of
the Easement Area to be used as a public bicycle and pedestrian trail for public recreation
and for the remainder of the Easement Area to be protected and restored as a natural area
to protect water quality and provide and improve fish and wildlife habitat. Holder shall
have the right to enter the Easement Area at any time to establish, install, construct,
maintain, and repair (a) a trail and pathway,which trail shall be not more than 12 feet 6
inches in width (the"Trail"), and(b) a vegetated buffer of native plants and natural
habitat on all other portions of the Easement Area not used for the Trail (the
"Greenway"). The Trail may be either a low-impact soft surface trail or an all-weather
paved trail, or any combination or variant thereof. Holder shall also have the right to
permit the public to access and use the Trail established, installed, and constructed by
Holder.
To read as follows:
Page 1 of 3
AMENDMENT OF EASEMENT
Purposes. The two general purposes of this Easement are to authorize a portion of
the Easement Area to be used as a public bicycle and pedestrian trail for public recreation
and for the remainder of the Easement Area to be protected and restored as a natural area
to protect water quality and provide and improve fish and wildlife habitat. Holder shall
have the right to enter the Easement Area at any time to establish, install, construct,
maintain, and repair(a) a trail and pathway (the "Trail"), and(b) a vegetated buffer of
native plants and natural habitat on all other portions of the Easement Area not used for
the Trail (the"Greenway"). The Trail may be either a low-impact soft surface trail or an
all-weather paved trail, or any combination or variant thereof. Holder shall also have the
right to permit the public to access and use the Trail established, installed, and
constructed by Holder.
2. Except as expressly provided in this Amendment, the terms and conditions of the
Easement remain in full force and effect.
[Signature Page to Follow]
Page 2 of 3
AMENDMENT OF EASEMENT
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year
set forth above.
CITY OF TIGARD, OREGON, TIGARD INDUSTRIAL, LLC,
an Oregon munic. al corporation an Oregon limited liability company
By � A_ _ By: ` -.C_a ---
Name: x) 207�� Name: `-' 1,1:,U;,-, />,, Co(n h
/ -\
Title: Cf-1'/ / 1A/JAG�� Title: i4 cf,
STA FE OF OREGON ) ss
County of Washington )
�` ST6PH5,0 2)44 A_
This instrument was acknowledged before me on f'1W 1 21' 797j by =gid, S�Z
as City Manager of the City of Tigard, an Oregon municipal corporation. /9)421
Before me:
CUD ghea QL,
OFFICIAL.STAMP ! Notary Public for Oregon
' ERNESTINA iIIOALENA ?
y NOTARY PLII:I I ORROON My commission expires: 3 t 1 - —
COMMON N(.t1140,134 g
MYICOMMISSION I"1RPII Fh4 MAY I1,2024 1
STATE OF O� ) ss
County of �j ) vki c)Z
his instrument was acknowledged before me on b(tit.Gl.l'1/1 al by
y \n-►1-1 t . Ga V1 , as r( /M qPr l of Tigard Industrial,
LLC, an Oregon limited liability corporation. J
I
Before me:
Q /i .,1
OFFICIAL STAMP Notary Public for Oregon
': RETT R PRATT My commission expires:
1t '5Zb22'
NOTARYPUBLIC•OREGON 1
v
COMMISSION NO.975109
MY COMMISSION EXPIRES JUNE 3,2022
Page 3 of 3
AMENDMENT OF EASEMENT