2022-057602 ~ 9040 SW Burnham Street Washington County,Oregon 2022-057602
D-E
Stn=6 M FERNANDES 09/15/2022 02:40:56 PM
AFTER RECORDING RETURN TO: $30.00$11.00$5.00$60.00 $106.00
City of Tigard I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk for Washington County,Oregon,do hereby certify that
13125 SW Hall Blvd the within instrument of writing was received and recorded in the
book of records of said county.
Tigard, OR 97223 Joe Nelson, 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 15 1-4 day of
2022, ("Effective Date") by and between Michael J. Stevenson and Kay L.
Stevenson Joint Revocable Trust ("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:
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 the Grantee, its successors and assigns, and Grantee hereby accepts, a Storm Sewer Easement
for a portion of Grantor's property as described in EXHIBIT "B" and shown on the map in the
attached EXHIBIT "C", which are 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 enter upon and use
the Easement Area to construct, install, maintain, and operate the storm sewer lines and all related
facilities. Grantee or Grantee Parties may remove trees, shrubs,brush,pavement or other materials
within the Easement Area necessary to accomplish these purposes. Grantor shall not locate any
structures within the Easement Area. Grantor may use the surface of the Easement Area,provided
such use does not interfere with Grantee's rights contained in this Easement. The Easement shall
perpetually encumber the property.
4. Non-Exclusive Grant. Grantor reserves the right to use the Easement Area for all
purposes that do not unreasonably interfere with Grantee's permitted uses of the Easement Area in
accordance with the terms hereof.
Page 1 — STORM SEWER EASEMENT
5. Maintenance. Grantee shall be responsible for the maintenance of storm sewer
equipment and facilities located within the Easement Area. Grantor shall be responsible for
landscape and surface maintenance within the Easement Area.
6. Remedies. In addition to all other remedies allowed by law, the parties, their
successors and assigns, shall have the right to seek injunctive relief for the enforcement of the
terms and conditions of this agreement.
7. 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. Time is of the essence with respect to the performance of the obligations set forth in this
Easement.
8. 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.
[Signature Page to Follow]
Page 2—STORM SEWER EASEMENT
GRANTOR GRANTEE
Michael J. Stevenson and Kay L. City of Tigard, an Oregon municipal
Stevenson Joint Revocable Trust corporation
By: By:
Name: -,A Ca.- Name:
Its: Trustee Its:
STATE OF OREGON
ss.
County of11va
This instrument was acknowledged before me on Y 2022 by
MOWI JA" SheVtOV-'t' as T(w t-c-e of Vk4
(M(c"e( T- SiyoStm
-T"
OFFICIAL STAMP
JESSE BITUIN RAYMUNDO,JR NOTARY PUBLIC FOR OREGON
NOTARY PUBLIC-OREGON
COMMISSION NO.1026012 My Commission Expires: 'T'k
MY COMMISSION EXPIRES JULY 13,2026
STATE OF OREGON
ss.
County of Washington
This instrument was acknowledged before me on 2022, by
5�plVfl OVYVV--- as of the City of Tigard, an
Oregon municipal corporation.
OFFICIAL STAMP
JESSE BITUIN PAYMUNDO,JR NOTARY PUBLIC FOR OREJON
NOTARY PUBLIC-OREGON T
COMMISSION NO.1026012 My Commission Expires:
COMMISSIONMY EXPIRES JULY 13,2026
Page 3—STORM SEWER EASEMENT
EXHIBIT A
Grantor Property Legal Description
A TRACTOF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP
2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, BEING DESCRIBED AS FOLLOWS:
LOT 4, BURNHAM TRACT, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE
OF OREGON.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF TIGARD, AN
OREGON MUNICIPAL CORPORATION BY DEED RECORDED OCTOBER 12, 2009 AS FEE NO.
2009-090428.
FURTHER EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEDICATION DEED FOR
ROAD OR STREET PURPOSES RECORDED OCTOBER 12, 2009 AS FEE NO. 2009-090427.
EXHIBIT B
Easement Area Legal Description
9040 SW BURNHAM STREET. TAX MAP 2S102AC
SEPTEMBER 9,2022 TAX LOT 00100
A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,
OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER
2021-106493,WASHINGTON COUNTY DEED RECORDS,ALSO BEING A PORTION OF LOT 4,-BURNHAM
TRACT",WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL DESCRIBED IN DOCUMENT NUMBER
2021-106493;THENCE NORTH 47°46'09"EAST,60.08 FEET ALONG THE NORTHWESTERLY LINE OF SAID
DOCUMENT NUMBER 2021-106493 TO THE POINT OF BEGINNING,SAID POINT BEING 7.50 FEET
NORTHEASTERLY OF THE EASTERLY LINE OF A 30.00 FOOT SANITARY SEWER EASEMENT DESCRIBED IN
BOOK 890,PAGE 753,WASHINGTON COUNTY DEED RECORDS;THENCE SOUTH 41°57'44"EAST 280.62
FEET,PARALLEL WITH THE SAID EASTERLY LINE OF THE SAID 30.00 FOOT WIDE SANITARY SEWER
EASEMENT TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SW ASH STREET AND BEING THE
TERMINUS POINT OF THIS DESCRIPTION.
EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2021-106493 OR LYING
WITH THE EXISTING RIGHT OF WAY OF SW ASH STREET.
CONTAINING 4,209 SQUARE FEET MORE OR LESS.
THE BASIS OF BEARINGS IS NAD 83(2011)EPOCH 2010.00 OREGON NORTH 3601,INTERNATIONAL FEET.
PREPARED BY:CESNW
REG'STERED
PROFESSIONAL
LAND URVEYOR
OREGON
MAY 21,2013 PAUL
ALLEN KOHN
58964PLS
RENEWS 6130/23
EXHIBIT C
Easement Area Depiction
LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, \
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
GA
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50 25 0 50
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15'WIDE
\ STORM SEWER
EASEMENT MICHAEL]AND KAY L STEVENSON
2S102AC00100
\ \ DOCUMENT NUMBER
\ \ \ 2021-106493
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REGISTERED \\ \ \\
PROFESSIONAL
LAND SURVEYOR
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OREGON \\ \ \
MAY 21,2013 \ \
PAUL ALLEN KOHN \
58964PLS \ 3j
RENEWS'6130123 \
DATE
CES N W 1 68th Parkway,Suite 150 9/06/22
Tigard,
ardrd, Oregon 97223 STORM SEWER EASEMENT
503.968.6655 www.cesnw.com PAGE
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