2023-009030 ~ April Ln ~ Finis Ln •
Washington County,Oregon 2023-009030
03/07/2023 01:00:45 PM
D-E Cnt=2 Stn=30 RECORDS1
$40.00$5.00$5.00$11.00$60.00-Total=$121.00
RETURN RECORDED DOCUMENT TO: 1 1111 1 11 11 11111111 NI 11111 11 1111
02930633202300090300080080
City Hall Records Department I,Joe Nelson,Director of Assessment and Taxations
Cityof Tigard and Ex-Officio County Clerk for Washington County, rY
ganOregon,do hereby certify that the within instrument of 1 > *R ,-6\
13125 SW Hall Blvd writing was received and recorded in the book of «,j 1•
records of said county.
Tigard,OR 97223
Joe Nelson,Director of Assessment and Taxation, a c.
Ex-Officio County Clerk
File No
EASEMENT
BIKEWAY AND PEDESTRIAN WAY
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"), commonly known as 15600 SW River
Terrace Boulevard, Tigard, Washington County, Oregon, solely for a bicycle way and pedestrian
way (the "Multimodal Path"), and which may be used by pedestrians and recreational, non-
motorized mechanical means of transportation, such as bicycles, and for no other purposes (the
"Easement Purposes"). Grantee shall have the right to place, construct, operate,replace,maintain,
inspect, reconstruct, and install necessary improvements in the Easement Area, and in connection
therewith may remove any trees, shrubs, or brush in the Easement Area, but only as reasonably
necessary to facilitate said Easement Purposes.
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.
IT IS EXPRESSLY UNDERSTOOD that this Easement does not convey any right, title, or interest
except those expressly stated in.this easement, 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.
This Easement is subject to the following additional terms and conditions:
1. Grantee shall be responsible for any costs incurred to construct, repair, operate, reconstruct
(as and when necessary)and maintain the Multimodal Path and the Easement Area and all impacted
surrounding areas. Grantee, at its sole cost and expense, shall maintain the Multimodal Path and
Easement Area in good repair and condition, including landscaping, hardscapes, fencing, and the
like. Following any work in the Easement Area, Grantee shall, to the extent reasonably practicable,
restore landscaping and surfaces and portions of the Grantor Property, including the Easement Area,
affected by Grantee's work to the condition existing immediately prior to such work. All such
restoration shall be performed in a workmanlike manner, in accordance with all applicable laws,
4860-6924-6797.4
ordinances and codes. All such work shall be coordinated with Grantor so as to cause the minimum
amount of disruption to Grantor's use of the Grantor Property.
2. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions,
reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Easement
Area and Grantor's adjacent property, whether or not of record. The use of the word "grant" shall
not imply any warranty on the part of the Grantor with respect to the Easement or the Easement
Area.
3. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the
Easement Area to the general public, other than as specifically set forth herein, it being the intention
of the parties hereto that this Easement shall be strictly limited to and for the purposes expressed
herein.
4. The benefits and burdens of this Easement shall be binding upon the parties hereto, and their
respective successors and assigns, and shall run with the land of both Grantor and
Grantee. Notwithstanding the foregoing,this Easement shall not inure to any successor or assign of
Grantee unless such successor or assign is a governmental entity similar to the named Grantee.
5. This Easement contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any amendment or modification of this Easement shall
be of no force or effect except in a subsequent modification in writing, signed by the party to be
charged.
6. In the event of a sale or other conveyance of fee title to the Easement Area by Grantor,
Grantor's successor shall be bound to the terms of this Easement and Grantor shall have no further
liability or obligation hereunder from and after the effective date of such conveyance.
7. 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.
8. 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.
9. 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.
4860-6924-6797.4
IN CONSIDERATION of the premises,Grantee agrees that if said Grantee, its successors or assigns
should cause the Easement to be vacated, the right of the Grantee in the Easement will be forfeited
and shall immediately revert to the Grantor, its successors and assigns in the case of such event.
TO HAVE AND TO HOLD the above-described Easement unto said Grantee, its successors, and
assigns forever.
[Signatures follow]
4860-6924-6797.4
IN WITNESS WHEREOF, I hereunto set my hand on this o �� day of MQ tic-in , 2023.
GRANTOR:
Tigard-Tualati School Dis ict 23J,
a pu% .c►.ol dis ' t of t - tate of Oregon
By: /G,•u
Name: triAA C ikA0O'-
Its: CAFO
STATE OF OREGON ) •
) ss.
County of Washington )
This record was acknowledged before me on Mq..W Ch 2_, 2023, by Dca el C. moot_ as
C ED of Tigard-Tualatin School District 23J, a public school district of the State of
Oregon.
LOFFICIAL STAMP
': P*TRICA CUWSEN ROBES_ NOTARY PUBLIC-OREGON,;� COMMISSION NO.1014034 COMMISSION EXPIRES JUNE 28,2025 Notary Public for Oregon '.1.°:::"
[Signatures continue on following My Commission Expires: 41 as 1 c0
page]
3
GRANTEE:
T`I
Accepted on behalf of the City of Tigard this 6 day of MA-re C' , 2023.
City Engineer
STATE OF OREGON )
) ss.
County of Washington )
this record was acknowledged before me on 2023, by P �J " 0 J` �.s
of the City of Tigard.
Notary Pu•lic for Oregon
OFFICIAL STAMP ,J
SHAUNA LARGE
M'` NOTARY PUBUC-OREGON
My Commission Expires: � 0
jI
aC
COMMISSION NO. 1009754
• t`:'COMMISSION EXPIRES MARCH 15,2025
4
EXHIBIT A
PUBLIC UTILITIES EASEMENT
JOB NO. 1700518
JANUARY 4, 2023
LEGAL DESCRIPTION
A 20-FOOT-WIDE STRIP OF LAND BEING A PORTION OF PARCEL 1, 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 A POINT ON THE EASTERLY LINE OF SAID PARCEL 1,SAID POINT BEARS NORTH 00°09'10"
WEST 213.62 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 1;THENCE ALONG SAID EASTERLY
LINE NORTH 00°09'10"WEST 20.00 FEET;THENCE LEAVING SAID EASTERLY LINE SOUTH 89°52'33"WEST
279.30 FEET;THENCE NORTH 68°52'02"WEST 132.73 FEET;THENCE NORTH 65°38'17" WEST 167.36
FEET;THENCE NORTH 51°08'56"WEST 61.86 FEET;THENCE SOUTH 89°44'00"WEST 13.43 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF SW RIVER TERRACE BOULEVARD;THENCE ALONG SAID EASTERLY
RIGHT-OF-WAY LINE SOUTH 00°15'54" EAST 20.00 FEET;THENCE LEAVING SAID EASTERLY RIGHT-OF-
WAY LINE NORTH 89°44'00" EAST 6.33 FEET;THENCE SOUTH 51°08'56" EAST 57.30 FEET;THENCE
SOUTH 65°38'17" EAST 170.46 FEET;THENCE SOUTH 68°52'02" EAST 137.05 FEET; THENCE NORTH
89°52'33" EAST 283.06 FEET TO SAID EASTERLY LINE OF PARCEL 1 AND THE POINT OF BEGINNING.
CONTAINING 13,089 SQUARE FEET OR 0.300 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 STRIP OF LAND SHOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE MADE A PART
THEREOF.
REGISTERED
P-.;•FESSIONAL
• D SURVEYOR
/ 7 1-/c7L-
OREGON
MAY 13, 2014
JOHN ROBERT DAVIS
88694
EXPIRES 12/31/23
5
EXHIBIT B
Depiction of Easement Area
0 PARCEL 1 PARCEL 2
co
L
U S 89°44'00"W -�\\, _ \)
cc 13.43' ?F 20
Li, N
N 51°08'56"W \C)*
1-' 7-- 61.86'
S 00°15'54" E N 65°38'17"W
20.00' rj 167.36' N 68°52'02"W
4.p i 132.73'
N 89°44'00" E *
6.33' N 00°09'10"W
S 89°52'33"W
S 51°08'56" Ec 20.00'
57.30' •
7,= 279.30
N 89°52'33" E
cc w 283.06' \--POINT OF
> S 65°38'17"EBEGINNING
Ft 170.46' S 68°52'02"E !O
137.05' o-,
AREA 0"
13,089 SQ.FT. z
r
NORTH I
l<131ff SCALE:1"--150'
EXHIBIT B DATE: JANUARY 4,2023
iu 510/n111,n.e.,Suite laoo
PUBLIC UTILITIES EASEMENT DRAWN BY: JBJ
Pomdrm,OR 9)101 CHECKED BY: ..._ __...._.1RD
O.50.)2.)151
T
__.._.,.......�....
r 50.24 4651 SW 1/4 SEC.8/T.2S./R.1W./W.M. PROJECT NO. 1.700518
wgwlenc�m CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 1 OF 1
6
EXHIBIT B C
Legal Description of Grantor Property
Parcel 1, 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.
7