2023-009031 ~ April Ln ~ Finis Ln Washington County,Oregon 2023-009031
03/07/2023 01:00:45 PM
D-E Cnt=1 Stn=30 RECORDS1
$35.00$5.00$11.00$60.00•Total=$111.00
RETURN RECORDED DOCUMENT TO: 1111111111111111111
02930634202300090310070070
City Hall Records Department
I,Joe Nelson,Director of Assessment and Taxation gvlIKi,
City of Tigard and Ex-Officio County Clerk for Washington County, k
•
13125 SW Hall Blvd Oregon,do hereby certify that the within instrument of F i
writing was received and recorded in the book of (, i.
Tigard,OR 97223 records of said county.
Joe Nelson,Director of Assessment and Taxation,
Ex-Officio County Clerk
File No
EASEMENT
FOR
STORM AND SURFACE WATER DRAINAGE
Tigard-Tualatin School District 23J, a public school district of the State of Oregon duly
organized under ORS Chapter 332 ("Grantor"), grants untO the City of Tigard ("Grantee"),
subject to the terms and conditions set out herein, a perpetual nonexclusive easement (the
"Easement") over, across, and under the land and real property described in the attached Exhibit
A and depicted in the attached Exhibit B (the "Easement Area"), being a portion of the real
property owned by Grantor described in the attached Exhibit C ("Grantor Property"), and
commonly known as 15727 SW Taylor Lane, Tigard, Washington County, Oregon, solely for
water quality preservation and storm and surface water drainage (the "Easement Purposes").
This easement includes the right to construct and perpetually maintain storm and surface water
drainage facilities through, under, and along the Easement Area. This easement includes the right
to access the above-described easement over and across the land of Grantor for the purpose of
maintenance of the easement and facilities therein. This easement shall run with the land and
shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors,
and assigns. Grantee shall not have any responsibility for environmental contamination of the
Easement Area that predates this easement or for environmental contamination of the Easement
Area to the extent caused by Grantor or any third party.
The true consideration for this grant is $0.00. However, the actual consideration consists of or
includes other property or value given or promised which is the whole consideration.
Additional terms and conditions set forth below are hereby agreed to and binding upon the
parties to this easement:
1. Grantor shall not erect any structure in the Easement Area without the written consent
of Grantee, which consent shall not be unreasonably withheld. This easement does not
convey any right, title, or interest except those expressly stated herein, nor does it
otherwise prevent Grantor from the full use and dominion of the Easement Area;
provided, however, that such use shall not unreasonably interfere with the Easement
Purposes.
Page 1 —Easement for Storm and Surface Water Drainage
4872-5269-6653.4
2. Grantor agrees that there shall be no filling, excavating or dredging; no removal of
topsoil, sand, gravel, rock, minerals or other materials, nor any dumping of ashes,
trash, garbage, or of any other material, and no changing of the grade or topography of
the Easement Area in any manner unless authorized by Grantee, which authorization
shall not be unreasonably withheld.
3. Grantee shall take action to enforce the terms of this easement. Enforcement shall
include abatement of any prohibited condition or activity within the Easement Area by
all means provided under Clean Water Services' Ordinances and Resolution and
Orders, and federal and state laws.
4. Grantee and its contractors shall confine construction operations to within the
Easement Area or make special arrangements with Grantor if additional area or access
is required.
5. During the time that work is in progress, Grantee and Grantee's contractor shall make
every effort to maintain the site in a neat and orderly condition. All refuse, excess fill
material, etc., shall be removed as soon as practicable. Should the site not be
maintained in satisfactory condition, Grantee may cause the work to stop until the
cleanup portion of the work has been done to the satisfaction of Grantor and Grantee.
6. Grantee will not permit or suffer any liens to be filed against the Grantor Property
arising out of work performed or materials delivered in connection with Grantee's
rights under this easement, and will promptly discharge or bond over (in accordance
with applicable law) any liens so filed so as to remove same as an encumbrance
against the Grantor Property.
7. In the event of any breach or other non-compliance of any provision of this easement,
the parties shall have every remedy available under applicable state and federal law.
8. Grantee will indemnify, defend and hold harmless Grantor and its contractors,
employees, representatives, and agents and the Grantor Property from and against any
and all claims, causes of action, losses, damages, suits, and liabilities of every kind,
arising out of any use of the Grantor Property by or under Grantee, including court
costs and reasonable attorney fees, except to the extent caused by Grantor's negligence
or willful misconduct.
[Signatures follow.]
Page 2—Easement for Storm and Surface Water Drainage
4872-5269-6653.4
GRANTOR:
Tigard-Tualatin School District 23J,
a pub ' eol district o the State of Oregon
By: li amk (
Name: Dowira C Mob
Its: CO
STATE OF OREGON )
) ss.
County of Washington)
This record was acknowledged before me on MQYz1rl 2, 2023, by
jw j A C. MOCve., as cof Tigard-Tualatin School
District 23J, a public school district of the State of Oregon.
' - at.„.4---44-x :_b�
, OfFFICIAL STAMP �0
•l"' PATRICIA CLAUSEN ROBERTSa;�,� = Notary Public for Oregon
NOTARY PUBLIC-OREGON
� ;� COMMISSION NO.1014034 My Commission Expires: CAn i [x`0326
MY COMMISSION EXPIRES JUNE 28,2025
Page 3—Easement for Storm and Surface Water Drainage
4872-5269-6653.4
GRANTEE:
n-�
Accepted on behalf of the City of Tigard this b day of 1fl4 -Ohy , 2023.
City Engineer
STATE OF OREGON)
) ss.
County of Washington)
This {eFord 1 was cknoyled ed_______before me on !{ / , 2023, by
_,C,_� 1 i as t i�Or)
of the Ci y of Tigard.
i
(1---1S\QUi./ k-- tkj "--A'
fi OFFICIAL STAMP Notary Public for Oregon
S �
�
SHAUNALARGE
u
NOTARY PUBLIC-OREGON a�
_
COMMISSION NO.1009754 My Commission Expires: O `J z>�
MY COMMISSION EXPIRES MARCH 15,2025
Page 4—Easement for Storm and Surface Water Drainage
4872-5269-6653.4
EXHIBIT A
ACCESS EASEMENT
JOB NO. 1700518
JANUARY 4, 2023
LEGAL DESCRIPTION
A TRACT OF LAND BEING A PORTION OF PARCEL 2, PARTITION PLAT NUMBER 2021-008, WASHINGTON
COUNTY PLAT RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 SOUTH,
RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 OF SAID PARTITION PLAT; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL 1 NORTH 00°09'10" WEST 267.66 FEET; THENCE LEAVING SAID
EASTERLY LINE SOUTH 90°00'00" EAST 114.25 FEET;THENCE SOUTH 54°04'05" EAST 407.29 FEET;
THENCE SOUTH 00°00'00" WEST 15.63 FEET; THENCE SOUTH 89°50'26" EAST 149.90 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF SW 161ST AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY
LINE SOUTH 00°05'33" EAST 14.70 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2;THENCE ALONG
SAID SOUTHERLY LINE NORTH 89°47'52" WEST 593.26 FEET TO THE POINT OF BEGINNING.
CONTAINING 81,888 SQUARE FEET OR 1.880 ACRES, MORE OR LESS.
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM, PORTLAND ZONE. THE
RESULTANT BEARING OF THE EASTERLY LINE OF SAID PARCEL 1 IS NORTH 00°09'10" WEST.
SAID TRACT OF LAND SHOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE MADE A PART
THEREOF.
REGISTERED
PROFESSIONAL
L� I SURVEYOR
/ OREGON
MAY 13. 2014
JOHN ROBERT DAVIS
88694
EXPIRES 12/31/23
Page 5 —Easement for Storm and Surface Water Drainage
4872-5269-6653.4
EXHIBIT B
Depiction of Easement Area
/ PARCEL 2
PARCEL 1
P\-
°
c)1\1\ 202�00b >
\ C'' Q
I--
v)
vD
S 90°00'00"E AREA r--1
114.25' 81,888 SQ.FT. v)
is.
ss eo S 89°50'26"E
• 149.90'
F 4®, S 00°00'00"W
® °dy, - 15.63'
° 14® /
/ SOOrE
'
177_177/7"..e•----) 70
_- --
z
N 89°47'52"W 593.26' / / _---
POINT OF
BEGINNING
/ (
NORTH
1:ff SCALE:1"=150'
EXHIBIT B DATE: JANUARY 4,2023
u1 sw Firth Ave.,Suite 2000 ACCESS EASEMENT DRAWN BY: JBJ
Portland.OR 02200 CHECKED BY: JRD
0 503 2251
F•503.2/0 4681 SW 1/4 SEC.8/T.25./R.1W./W.M. ^PROJECT NO. 1700518
wwv.WI cum
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 1 OF 1
Page 6—Easement for Storm and Surface Water Drainage
4872-5269-6653.4
EXHIBIT C
Legal Description of Grantor Property
Parcel 2, Partition Plat Number 2021-008, Washington County Plat Records, Located in the
Southwest Corner of Section 8, Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County, Oregon.
Page 7—Easement for Storm and Surface Water Drainage
4872-5269-6653.4