2023-020030 ~ Washington County,Oregon 2023-020030
RETURN TO: City of Tigard Stn=11 C WHITE 05/17/2023 08:44:47 AM
13125 SW Hall Blvd. $50.00$11.00$5.00$60.00 $126.00
Tigard, OR, 97223 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.
Project: Fanno Creek Trail— SPL 20-002905
Joe Nelson, Director of Assessment and
Tax Lot No.: 300 Taxation, Ex-Officio County Clerk
Square Feet: 34,295
EASEMENT FOR WATER QUALITY PRESERVATION AND
STORM AND SURFACE WATER DRAINAGE
GRANTOR'S NAME: Tigard Industrial LLC, an Oregon limited liability company
ADDRESS: No Situs,Tigard, OR 97223
GRANTOR, owner of the property described herein, has the authority and does hereby grant, convey and
warrant unto City of Tigard, GRANTEE, a non-exclusive perpetual easement in gross to use the real
property described in Exhibit A attached hereto and by this reference incorporated herein (Easement Area)
for water quality preservation and storm and surface water drainage. This easement includes the right to
construct and perpetually maintain storm and surface water drainage and water quality facilities (including
vegetation)through, under, and along the Easement Area. This easement includes the right to access the
above-described easement over and across the land of the 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 pre-existing environmental contamination or for environmental contamination caused
by GRANTOR or any third party of the Easement Area.
Any temporary easement granted hereby is automatically extinguished upon acceptance of the completed
public facilities in the adjacent permanent easement.
The consideration for this grant is $2,400.00.
Additional terms and conditions set forth below are hereby agreed to and binding upon the parties to this
easement:
1. No structure shall be erected on the Easement Area without the written consent of the GRANTEE.
2. One purpose of this easement shall be to preserve water quality by maintaining native vegetation
and habitat conditions within the Easement Area. GRANTOR agrees that any vegetation planted
by GRANTEE within the Easement Area shall not be removed, destroyed, mowed, altered or
sprayed with biocides. GRANTOR may make additional plantings of Oregon native species
within the Easement Area and may prune planted vegetation with approval of GRANTEE.
3. 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
Page 1 —Easement for Water Quality Preservation and Storm and Surface Water Drainage
any other material, and no changing of the grade or topography of the Easement Area in any manner
unless authorized by GRANTEE.
4. GRANTOR agrees that there shall be no damming, dredging or other activities that may be
detrimental to water quality within the Easement Area. The scope of this easement includes
GRANTEE'S right to remove any barrier to natural creek flow within the Easement Area that may
cause flooding of structures subject to the terms of necessary federal, state and local permits.
GRANTOR agrees that any activities within the Easement Area which are, in the opinion of the
GRANTEE, inconsistent with preserving the natural condition of the Easement Area are
prohibited and may be subject to enforcement action.
5. 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.
6. 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.
7. 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.
8. Subject to the limitations on liability in the Oregon Tort Claims Act (ORS 30.260 to 30.300) and
the Oregon Constitution, GRANTEE and its assigns shall indemnify, defend, and hold harmless
GRANTOR from and against any injury, expense, damage, liability, or claim, including, but not
limited to, reasonable attorney fees, incurred by any GRANTOR, to the extent arising from any
negligent act or omission or any intentional misconduct of GRANTEE or its agents or
contractors in connection with the exercise of its rights under this easement.
This document may be executed in several counterparts, each of which will be an original, all of which will
constitute one and the same instrument. An electronic signature will be considered an original. The
individuals signing this document certify that they are authorized to execute this document on behalf of the
respective parties. Without limiting the forgoing, GRANTOR acknowledges that GRANTEE's rights
under this Easement are assignable, and that GRANTOR hereby consents to GRANTEE's assignment of
all of its right, title, and interest and its delegation of all of its obligations created under this Easement.
Upon any such assignment, GRANTEE shall be forever released and discharged from any and all claims,
demands, and damages which GRANTOR may have, make, or suffer as a result of anything done or
occurring after the date of such assignment.Nothing contained in this paragraph, however, shall in any
way be construed as releasing GRANTEE's successors and assigns from any obligations to GRANTOR
created by this Easement.
Page 2-Easement for Water Quality Preservation and Storm and Surface Water Drainage
INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Grantor(Individual) Tigard Industrial LLC
(Entity name)
Date
By:
(Sign here for entity)
Grantor(Individual) Title: Member
Date: Sr-- `` -3
Date
ACCEPTED
By:
City of Tig d
NOTARIZE DOCUMENT BELOW
STATE OF OREGON )
County of )
This instrument was acknowledged before me on J( , 2023, by
Phillip A. Cohn, as Member of Tigard Industrial LLC.
❑ [Check if applicable] The notarial act was performed using communication technology.
340,4 OFFICIAL STAMP
RENEE DENISE FISHIER
NOTARY PUBLIC-OREGON
COMMISSION NO.988624 l
iary PUb11C
MY COMM1JON EXPIRES JUNE 20,2023
O E
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
W-TL-2S102BA300-VEG-CORR
WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
FIVE TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED AS TRACT A AND B, PARCEL V,
SPECIAL WARRANTY DEED STATUTORY FORM TO TIGARD INDUSTRIAL LLC,AN OREGON LIMITED LIABILITY
COMPANY IN DOCUMENT NUMBER 99027431,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE
NORTHWEST QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, CITY OF
TIGARD,WASHINGTON COUNTY,OREGON,SAID TRACTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1:
COMMENCING AT THE NORTHERLY CORNER OF SAID PARCEL V,SAID POINT ALSO BEING THE SOUTHWESTERLY
CORNER OF PARCEL IV,SPECIAL WARRANTY DEED STATUTORY FORM TO TIGARD INDUSTRIAL LLC,AN OREGON
LIMITED LIABILITY COMPANY IN DOCUMENT NUMBER 99027431,WASHINGTON COUNTY DEED RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID TRACT B, PARCEL V SOUTH 74°41'34" EAST 101.56 FEET TO THE
TRUE POINT OF BEGINNING;THENCE LEAVING SAID NORTHERLY LINE NORTH 79°38'05" WEST 10.73 FEET;
THENCE NORTH 86°32'49" WEST 18.83 FEET;THENCE SOUTH 55°32'08" WEST 17.01 FEET;THENCE NORTH
82°50'19"WEST 26.15 FEET;THENCE SOUTH 84°15'08"WEST 25.52 FEET;THENCE SOUTH 13°44'54" EAST 13.51
FEET;THENCE SOUTH 45°54'59" EAST 48.76 FEET;THENCE SOUTH 74°33'54" EAST 46.46 FEET;THENCE SOUTH
49°21'53" EAST 27.73 FEET;THENCE SOUTH 84°45'05" EAST 31.29 FEET;THENCE SOUTH 55°59'21" EAST 20.06
FEET;THENCE SOUTH 85°08'59" EAST 27.53 FEET;THENCE SOUTH 32°56'20" EAST 29.71 FEET;THENCE SOUTH
66°42'30" EAST 30.58 FEET;THENCE NORTH 61°21'04" EAST 42.86 FEET;THENCE NORTH 81°27'34" EAST 15.14
FEET;THENCE NORTH 31°13'11" EAST 35.84 FEET;THENCE NORTH 73°37'25" WEST 28.95 FEET;THENCE SOUTH
70°42'56"WEST 8.08 FEET;THENCE NORTH 88°19'33"WEST 20.19 FEET;THENCE NORTH 75°43'05"WEST 31.49
FEET;THENCE NORTH 57°32'45"WEST 35.70 FEET;THENCE NORTH 46°16'43"WEST 40.12 FEET;THENCE NORTH
69°30'29" WEST 35.80 FEET;THENCE NORTH 57°06'48"WEST 13.53 FEET TO SAID NORTHERLY LINE;THENCE
NORTH 74°41'34"WEST 10.19 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 15,884 SQUARE FEET OR 0.365 ACRES, MORE OR LESS.
TRACT 2:
COMMENCING AT SAID NORTHERLY CORNER OF SAID PARCEL V;THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT B, PARCEL V SOUTH 74°41'34" EAST 219.79 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING
SAID NORTHERLY LINE SOUTH 58°23'42"WEST 23.45 FEET;THENCE SOUTH 62°33'40" EAST 48.38 FEET;THENCE
NORTH 89°27'38" EAST 24.12 FEET;THENCE NORTH 55°24'47" EAST 12.72 FEET;THENCE NORTH 32°10'05" EAST
11.47 FEET TO SAID NORTHERLY LINE;THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'34"WEST 66.00
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,618 SQUARE FEET OR 0.037 ACRES, MORE OR LESS.
PAGE 1 OF 7
TRACT 3:
COMMENCING AT SAID NORTHERLY CORNER OF SAID PARCEL V;THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT B, PARCEL V SOUTH 74°41'34" EAST 298.42 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING
SAID NORTHERLY LINE SOUTH 32°37'47"WEST 8.50 FEET;THENCE SOUTH 86°46'56"WEST 4.12 FEET;THENCE
SOUTH 67°08'29" EAST 26.60 FEET;THENCE NORTH 23°28'36" EAST 13.05 FEET TO SAID NORTHERLY LINE;
THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'34"WEST 21.80 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 262 SQUARE FEET OR 0.006 ACRES, MORE OR LESS.
TRACT 4:
BEGINNING AT SAID NORTHERLY CORNER OF SAID PARCEL V;THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT A, PARCEL V NORTH 24°14'11" EAST 56.80 FEET;THENCE LEAVING SAID NORTHERLY LINE NORTH
65°00'49"WEST 33.91 FEET;THENCE NORTH 54°12'06" WEST 56.16 FEET;THENCE NORTH 71°48'01"WEST
13.91 FEET;THENCE NORTH 52°21'45" EAST 14.56 FEET;THENCE NORTH 19°38'44" EAST 18.50 FEET;THENCE
NORTH 02°29'50" WEST 2.43 FEET TO SAID NORTHERLY LINE;THENCE ALONG SAID NORTHERLY LINE NORTH
66°34'47" WEST 27.78 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 02°13'24" EAST 2.78 FEET;THENCE
NORTH 54°41'48" WEST 8.49 FEET;THENCE NORTH 64°26'31"WEST 8.49 FEET;THENCE NORTH 69°18'52"WEST
29.16 FEET;THENCE NORTH 74°57'28" WEST 9.83 FEET;THENCE NORTH 82°23'58"WEST 10.72 FEET;THENCE
NORTH 56°59'40" WEST 15.80 FEET;THENCE NORTH 70°26'56"WEST 40.66 FEET;THENCE NORTH 80°52'01"
WEST 15.44 FEET;THENCE SOUTH 87°15'10"WEST 27.16 FEET;THENCE NORTH 82°01'36" WEST 85.18 FEET TO
THE WESTERLY LINE OF SAID TRACT A, PARCEL V;THENCE ALONG SAID WESTERLY LINE SOUTH 11°45'10"WEST
22.56 FEET;THENCE LEAVING SAID WESTERLY LINE NORTH 82°48'46" EAST 23.04 FEET;THENCE SOUTH
83°11'57" EAST 46.58 FEET;THENCE SOUTH 51°03'14" EAST 28.60 FEET;THENCE SOUTH 58°38'03" EAST 33.30
FEET;THENCE SOUTH 68°02'53" EAST 27.99 FEET;THENCE SOUTH 56°14'46" EAST 22.95 FEET;THENCE SOUTH
82°33'17" EAST 20.71 FEET;THENCE SOUTH 69°18'52" EAST 29.16 FEET;THENCE SOUTH 47°01'09" EAST 26.51
FEET;THENCE SOUTH 54°27'09" EAST 38.53 FEET;THENCE SOUTH 18°21'45" EAST 35.21 FEET;THENCE SOUTH
40°59'55" EAST 74.96 FEET TO THE WESTERLY LINE OF SAID TRACT B, PARCEL V;THENCE CONTINUING SOUTH
40°59'55" EAST 6.49 FEET;THENCE SOUTH 69°05'29" EAST 10.82 FEET;THENCE SOUTH 89°35'57" EAST 12.43
FEET;THENCE SOUTH 71°47'57" EAST 31.49 FEET;THENCE NORTH 38°50'24" EAST 15.62 FEET TO SAID
NORTHERLY LINE;THENCE NORTH 74°41'34" WEST 64.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,178 SQUARE FEET OR 0.371 ACRES, MORE OR LESS.
TRACT 5:
COMMENCING AT SAID NORTHERLY CORNER OF SAID PARCEL V;THENCE NORTH 42°42'21"WEST 321.54 FEET
TO SAID NORTHERLY LINE AND TO THE TRUE POINT OF BEGINNING;THENCE ALONG SAID NORTHERLY LINE
NORTH 66°34'47" WEST 15.40 FEET;THENCE LEAVING SAID NORTHERLY LINE NORTH 82°19'56"WEST 11.98
FEET;THENCE NORTH 79°47'20" WEST 62.95 FEET TO SAID WESTERLY LINE OF SAID TRACT A, PARCEL V;THENCE
ALONG SAID WESTERLY LINE SOUTH 11°45'10"WEST 2.89 FEET;THENCE SOUTH 76°18'51" EAST 23.11 FEET;
THENCE SOUTH 80°38'42" EAST 15.00 FEET;THENCE SOUTH 78°24'26" EAST 29.67 FEET;THENCE SOUTH
82°23'58" EAST 14.02 FEET;THENCE SOUTH 87°44'31" EAST 8.33 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 353 SQUARE FEET OR 0.008 ACRES, MORE OR LESS.
PAGE 2 OF 7
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE.
SHOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE MADE PART THEREOF.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLY SIGNED
OREGON
MAY 13, 2014
JOHN ROBERT DAVIS
88694
EXPIRES 12/31/23
PAGE 3 OF 7
�// /
SEE SHEET 6 / /
/ /
v.
�U / /
v-., 6S°O /
wN 3304,94 l
N Q DOC.NO.99027431
91'/ W N 71°48'01"W �gcgr
TRACT'A 13.91'/ 4/�ok101 CF/Vp�Cgs
//TRACT 4 / 19�S(40'• G F6:917 �F
AREA=16,178 SQ.FT. �0 / /OFA
y(0 /
/ DOC.NO.99027431
/ PARCEL IV
OSS. 4e .
NY
N', /
Ss, CP
POINT OF TRUE POINT OF
F� �►• COMMENCMENT BEGINNING
St = N'LY CORNER OF
�`9a7 PARCEL V TRACT 1
/ N�4°41, 5 N 79°38'05" W —N 74°41'34"W
S 40°59'55"6.49' / 34"w f10.73' 10.19'
/ 6410' 1°1.56,
N 57°06'48"W
�/ MI6 3j46' 13.53'
Q L.
°15 08 W ''ti
/ ,,./.."/t, S 84 08 ,
25.52 co
/ ° 1 ' � 86°32'49" W
/ S 13 44 4 E 18.83'
/ 3.51' / N 82°50'19"W S55°32'08"W v6g°
/ / / 26.15'/ 17.01' 3S 8�9„
/ 141
/ Is°
/
s4, DOC.NO.99027431
/
..Py,, PARCEL V
F TRACT'8'
Q� / /TRA T 1 /
LINE TABLE .- ' AREA=15,884 SQ.FT. _'
LINE# DIRECTION LENGTH S74°33,54,, w'
L16 S69°05'29"E 10.82 E46.46,
S
L17 S89°35'57"E 12.43 4"9.
cl>L18 S71°47'57"E 31.49 �s,31,,
L19 N38°50'24"E 15.62 S 84°45'05"E
31.29'
•
NORTH =_
1(13ff SCALE:1"=30'
EXHIBIT MAP DATE: 24 MAY 2022
1115W Fifth Ave.,Suite 2400 W-TL-25102BA300-VEG-CORR DRAWN BY: CMR
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F 003.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
kpff.ro n
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 7
POINT OF
COMMENCEMENT
N'LY CORNER OF PARCEL V
DOC.NO.99027431
TRUE POINT OF PARCEL IV
S4.41
34 E 219 BEGINNING
TCT 22
46S'4°4234„ TRUE POINT OF
a
961% ••,1 N 74°41'34,, 4141 66 BEGINNING
4.
TRACT 3
w /t , TRACT 2 0 . N 74.
42,34
s3.3�, AREA=1,618 SQ.FT. h �� 21804"W
N S)�S,,�z `I L7
R
����
/4.: ‘. 184.'
N 7S°43105„ N88°19'33"W N 7.3e T3 RACT
1.49 W 20.19' 28 'g52S" AREA262 SQ.FT.W
DOC.NO.99027431 S 70°42'56"W
PARCEL $.OH' ,<v
TRACT'8'' 4
S 85°08'59"E / / TR CT 1 / t
�Via'
27.53' AREA=15,884 SQ.FT. 4y'
5 55°59'21" Er)
20.06' `'`9co, 6 N 81°27'34" E
F DP 15.141
S 660 .pR
30 c04A. X0. •
LINE TABLE
LINE# DIRECTION LENGTH
Ll 558°23'42"W 23.45
L2 S62°33'40"E 48.38
L3 N89°27'38"E 24.12
L4 N55°24'47"E 12.72
L5 N32°10'05"E 11.47
L6 S32°37'47"W 8.50
L7 S86°46'56"W 4.12
L8 S67°08'29"E 26.60
L9 N23°28'36"E 13.05
NORTH =_
1(13ff SCALE:1"=30'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-25102BA300-VEG-CORR DRAWN BY: CMR
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kah'.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 5 OF 7
4 ,0°2656" N 56°59'40" W
40 66, 15.80'
///)! L15L149°ACT4113 N666,178 SQ.FT. It 2)>87"
11/
8,;
L10
DOC.NO.3" ARe.
N 19°38'44" E
18.50'
N 52°21'45" E
5 8Z°3317 E 91Fs14.56'
20.71' 5N 27°54'30"W
20.32 *S
LINE TABLE s
LINE# DIRECTION LENGTH
L10 NO2°29'50"W 2.43 SEE SHEET 4
L11 S02°13'24"E 2.78
L12 N54°41'48"W 8.49
L13 N64°26'31"W 8.49
L14 N74°57'28"W 9.83
L15 N82°23'58"W 10.72
NORTH =_
ltPffi .7.-
SCALE:1"=30'
EXHIBIT MAP DATE: 24 MAY 2022
W-TL-25102BA300-VEG-CORR DRAWN BY: CMR
111 5W Fifth Ave.,Suite 2400
Portland,OR 97204 EASEMENT CHECKED BY: JRD
0:503.227.3251
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.koff.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 6 OF 7
TRACT 5
AREA=353 SQ.FT.
rsi�=79°47,20„W TRUE POINT OF
/23 A��wIS 1.21 TRACT 5
BEGINNING
L24 �`I� l2
1-25 r �j, 0
L26 L27
3 \ N 80°52'01"W
riO Pr�o N 82°01'36" ° 15.44'
W 85.18, 5871510 W
°�^j TRACT 4 27'16
ti N AREA=16,178 SQ.FT. ir
1-1
H 82048'46"
23 046" E S 83°11'57"E 46.58' 3, DOC.RACELNa 027431/2QS��
S1° TRACT A' 1,./1
1�0`�j 0'2
2 S5,
ss8° W
LINE TABLE 3�,3op3,,F
LINE# DIRECTION LENGTH
L20 N66°34'47"W 15.40
L21 N82°19'56"W 11.98
L22 S11°45'10"W 2.89
L23 S76°18'51"E 23.11 POINT OF
L24 580°38'42"E 15.00 COMMENCEMENT
N'LY CORNER OF PARCEL V
L25 S78°24'26"E 29.67
L26 582°23'58"E 14.02
L27 S87°44'31"E 8.33
NORTH
litPfuf SCALE:1"=30'
EXHIBIT MAP DATE: 24 MAY 2022
1115W Fifth Ave.,Suite 2400 W-TL-2S102BA300-VEG-CORR DRAWN BY: CMR
Portland,OR 97204 EASEMENT CHECKED BY: JRD
0:503.227,3251
F.503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
ww.knff.com
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 7 OF 7