2022-045483 ~ 9110 SW Burnham Washington County,Oregon 2022_045483
D-E
Stn=2 S AKINS 07/13/2022 02:55:10 PM
$20.00$11.00$5.00$60.00 $96.00
I,Joe Nelson,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.
Joe Nelson, Director of Assessment and
Taxation, Ex-Officio County Clerk
After Recording Please Return To:
Portland General Electric Company
Attn:Property Services
121 SW Salmon Street, IWTC1302
Portland,Oregon 97204-9951
Grantor's Mailing Address:
City Center Development Agency
13125 SW Hall Blvd
Tigard,OR 97223
(Space above this line for Recorder's use)
Grantor: City Center Development Agency,the Urban Renewal Agency of the City of Tigard
Grantee: Portland General Electric Company
APN/APN2: 2SI02AC00202/R1195860
PGE UTILITY EASEMENT
For good and valuable consideration the current receipt, reasonable equivalence, and sufficiency of which
is hereby acknowledged by CITY CENTER DEVELOPMENT AGENCY,THE URBAN RENEWAL
AGENCY OF THE CITY OF TIGARD ("Grantor") hereby grants, conveys and warrants to
PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, and its successors and
assigns ("Grantee"), a nonexclusive,perpetual easement and right-of-way(the "Easement") over,under,
upon, through and across the real property situated in Washington County, Oregon as further described in
Exhibit"A"attached hereto (the"Property").
The Easement shall affect an easement area approximately Ten (10) feet in width, extending Five (5) feet
on each side of a center line of Grantee's Systems (as defined herein) located as currently existing,
constructed and/or to be constructed, extended or relocated on the Property, except to the extent of those
portions of the Property, if any, occupied by existing building footings, foundations, aboveground
improvements and/or subsurface structures on the effective date hereof(the "Easement Area"). As used
herein, the term "Systems" shall include a variable number of wires, circuits, and all appurtenances,
equipment, structures, poles, guys, anchors, transformers, and facilities as Grantee deems necessary or
convenient for the operation and maintenance of such Systems and for the purpose of transmission,
distribution, and sale of electricity and communication.
Grantee's Rights. Grantee shall have the right to enter upon and use the Easement Area to plan, survey,
construct, inspect, operate, maintain, repair, replace, improve, relocate, remove, and enlarge one or more
Systems and the right to derive income therefrom, together with all rights, uses, and privileges directly or
indirectly necessary or convenient for the full enjoyment, use, and exercise of Grantee's rights under the
Page 1-PGE UTILITY EASEMENT(Entity) D1#3108246/C21-02A
Properq,Address: 9110 SW B URA'HAD1 ST, TIGARD,OR 97223
(Form Approved by K111I through December 31,2022)
Easement, doing all such acts or things on the Easement Area, and all works necessary or appurtenances
ancillary,including but not limited to,the right to provide,maintain,and protect quality habitat for aquatic,
terrestrial, and avian wildlife, and the right of ingress to and egress from, along and upon said Easement
Area and over and across the Property and Grantor's adjoining property interests, in connection with or
related to all or any portion of the foregoing. Grantee shall have the right to make changes in grade,
elevation or contour of the land within the Easement Area, and to cut away and keep clear, prevent the
construction or placement, remove, level, and/or dispose of all obstructions, structures, natural features,
trees,vegetation and/or undergrowth,on,under, along or above the Easement Area(although Grantee may
leave any of the foregoing on the Easement Area),which, in the sole judgment of Grantee, may endanger
or interfere with the efficiency, safety, and/or convenient use, enjoyment, or exercise of Grantee's rights
under the Easement or which is necessary for the protection from fire, natural disaster, terrorism, theft,
vandalism, and other similar hazards. No right of Grantee hereunder shall lapse or be waived in the event
Grantee fails to use the Easement, or any portion thereof, on a continuous basis.
Existing Systems. In addition to the Easement granted hereby, Grantor hereby confirms and ratifies all of
Grantee's Systems currently located on the Property and,to the extent not previously conveyed to Grantee,
hereby grants and conveys to Grantee a nonexclusive,perpetual easement and right-of-way with respect to
such currently located Systems upon the terms and conditions set forth herein.
Grantor's Use. Grantor shall have the right to use the Easement Area for all purposes,provided that such
use is not deemed by Grantee to interfere with the use, enjoyment, or exercise by Grantee of any rights
under the Easement. If Grantee is required to modify the Easement or relocate the Easement Area or
Systems because of any Grantor use of and/or condition of the Property, the cost associated with such
relocation or modification shall be the responsibility of Grantor. Notwithstanding the rights granted to
Grantee hereunder, above-ground maintenance of the Property subject to this Easement (excluding the
Systems) shall be the responsibility and at the expense of Grantor,including, but not limited to,irrigation,
grass mowing,and vegetation and erosion control.
Grantor Representations and Warranties. Grantor represents, covenants, and warrants to Grantee that
Grantor is lawfully seized in fee simple title to the Property;that Grantor has the legal right and authority
to grant this Easement and that no other party has an ownership interest in the Property or any portion
thereof(including the associated timber,water,and mineral rights)that will limit or interfere with Grantee's
rights hereunder whatsoever; and that the execution and performance of this Easement by Grantor is duly
authorized.
Required Actions/Necessary Documents. Grantor agrees to cooperate with Grantee to obtain all
necessary permits, licenses and governmental action and shall sign all necessary documentation to enable
Grantee the Rill use, enjoyment and benefit of this Easement. Each of the foregoing shall be without
further compensation to Grantor.
Liabilities. In no event shall Grantee be liable to Grantor or any other person or entity for any lost or
prospective profits or any other special,punitive,exemplary,consequential, incidental or indirect losses or
damages (in tort, contract, or otherwise) under or in respect of this Easement or for any failure of
performance related hereto howsoever caused, whether or not arising from Grantee's sole, joint or
concurrent negligence.
Applicable Law/Costs and Attorney Fees. This Easement shall be interpreted, construed and enforced in
accordance with the law of the State of Oregon with venue for any action being in the County where the
Property is located.
Entire Agreement. This instrument, along with any exhibits and attachments or other documents affixed
hereto or referred to herein, constitutes the entire agreement between Grantee and Grantor relative to the
Easement. This Easement may be altered and/or revoked only by an instrument in writing signed by both
Grantee and Grantor. Grantee and Grantor hereby agree that all prior written and oral agreements,
Page 2—PGE UTILITY EASEMENT(Entity) M#3108246/C21-02A
Property Address: 9110 SW BURAWAHST, TIGARD,OR 97223
(Form Approved by K117I through December 31,2022)
understandings and/or practices relative to the Easement are superseded by this instrument. The
consideration acknowledged herein is accepted by Grantor as full compensation for all rights granted
Grantee pursuant hereto, and for all current and firture damages, injuries, and loss of value incidental to or
in any way associated with the Property and/or the Easement. This Easement may be executed in
counterparts, and such counterparts together shall constitute but one original of the Easement. Each
counterpart shall be equally admissible in evidence, and each original shall fully bind each party who has
executed it. As used herein and where the context so requires, the singular includes the plural and all
grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to
individuals.
This Easement shall run with the Property and shall be binding on Grantor and shall inure to the benefit of
Grantee, and Grantee's successors, and assigns, as well as the tenants, sub-tenants, licensees,
concessionaires, mortgagees in possession, customers, and invitees of such persons or entities. The
Easement is an in-gross easement and is not appurtenant to any particular property of Grantee.
IN WITNESS WHEREOF, Grantor has executed this Easement effective as of the day of
JL/i.Y ,20 Z
GRANTOR:
CITY CENTER DEVELOPMENT AGENCY,
THE URBAN RENEWAL AGENC7 OF THE CITY OF TIGARD
By:
Prir ed Name: JoC
Title: + 7y EN-
t1_1P4L: ®tZ
STATE OF H )
)ss.
COUNTY OF Wff5F41NGrvN )
I certify that I know or have satisfactory evidence that Joy WI Sty r4: Stir is the person who
appeared before me, and said person acknowledged that they were authorized to execute the instrument as
r ry A:',4r t t t_ of CITY CENTER DEVELOPMENT AGENCY, THE URBAN
RENEWAL AGENCY OF THE CITY OF TIGARD and acknowledged it to be their free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated: ,�_Y , 20 ZZ..
OFFICIAL STAMP
?P ERNESTINA ESCALERA
NOTARY PUBLIC-OREGON Notary Public
COMMISSION NO.998434
MY C1OMrv1l,BION EXPIRES MAY 11,2024 My commission expires: 6
Page 3—PGE UTILITY EASEMENT(Entio) D1#3108246/C21-02A
Properr3,Address: 9110 SW BURNHABI ST, TIGARD,OR 97223
(Form Approved by KAZI through December 31,2022)
EXHIBIT A
PROPERT17 DESCRIPTION
A tract of land being a portion of Lot 3, BURNHAM TRACI,a duly recorded subdivision in
Washington County Plat Records, said land being located in the Northeast quarter of Section 2,
Township 2 South, Range I West of the Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon, being further described as follows:
Beginning at the most Easterly comer of said Lot 3, BURNHAM TRACT, being a point on the
centerline of SW Burnham Road; thence South 45"06'43" West, along the Southeasterly line of
said Lot 3,a distance of 30.00 feet to a point on the Southwesterly fight-of-way line of said SW
Burnham Road; thence South 45*06'43" West, continuing on the Southeasterly line of said Lot
3,a distance of 314.41 feet to the Southwesterly line of a 30.00 foot casement recorded in
Washington County Deed Book 890, Page 753;thence North 44'28'10" West, 15.00 feet
Southwesterly of, and parallel to, an existing sewer line,a distance of 190.74 feet to a point on
the Northwesterly line of said Lot 3; thence North 51'56'00" Fast, along the Northwesterly line
of said Lot 3,a distance of 312.87 feet to a point on said Southwesterly right•of--way line of said
SW Burnham Road;thence continuing North 51'56'00" Fast,a distance of 30.27 feet to the most
Northerly comer of said Lot 3, being a point on the centerlinc of said SW Burnham Road; thence
South 45'46'00" East, along said centerline, a distance of 150,00 feet to the point of beginning,