2023-020041 ~ Washington County,Oregon 2023-020041
D-E
Stn=61 N MEJIA 05/17/2023 08:48:04 AM
RETURN TO: City of Tigard $50.00$11.00$5.00$60.00 $126.00
13125 SW Hall Blvd. I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk for Washington County,Oregon,do hereby certify that
Tigard, OR, 97223 the within instrument of writing was received and recorded in the
book of records of said county.
Joe Nelson, Director of Assessment and
Project: Fanno Creek Trail— SPL 20-002905 Taxation, Ex-Officio County Clerk
Tax Lot No.: 304
Square Feet: 13,975
EASEMENT FOR WATER QUALITY PRESERVATION AND
STORM AND SURFACE WATER DRAINAGE
GRANTOR'S NAME: Tigard Industrial LLC, an Oregon limited liability company
ADDRESS: 9820 SW Tigard Street, 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$811.00.
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: 0.1.. .A_
(Sign here for entity)
Grantor(Individual) Title: Member
Date: c — t to— z-3
Date
ACCEPTED
By: S.1( ei
City of Tig rd
NOTARIZE DOCUMENT BELOW
STATE OF OREGON )
County of I i 1 )
This instrument was acknowledged before me on f6; , 2023, by
Phillip A. Cohn, as Member of Tigard Industrial LLC.
❑ [Check if applicable] The notarial act was performed using communication technology.
` OFFICIAL STAMP t
'� RENEE DENSE FISHER
NARY PUBLIC OREGON
COMMISSION NO.- 988624 NO _ 'Ub11C
MY COMMISSION EXPIRES JUNE 20,2023
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
W-TL-2S102BA304-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 PARCEL IV IN 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:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL IV;THENCE NORTH 24°14'11" EAST 56.80 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 71°48'01" EAST 8.03 FEET;THENCE NORTH 14°19'40" EAST 17.53
FEET;THENCE SOUTH 35°14'03" EAST 17.21 FEET;THENCE SOUTH 43°02'23" EAST 14.08 FEET;THENCE SOUTH
12°45'01"WEST 2.49 FEET;THENCE SOUTH 30°51'27"WEST 23.97 FEET;THENCE SOUTH 63°03'04"WEST 20.96
FEET;THENCE SOUTH 36°33'53" EAST 15.70 FEET;THENCE SOUTH 71°10'48" EAST 18.83 FEET;THENCE SOUTH
. 63°19'23" EAST 13.96 FEET;THENCE SOUTH 38°50'24"WEST 1.77 FEET;THENCE NORTH 74°41'34" WEST 64.10
FEET TO SAID WESTERLY LINE AND THE TRUE POINT OF BEGINNING.
CONTAINING 1,939 SQUARE FEET OR 0.044 ACRES, MORE OR LESS.
TRACT 2:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL IV;THENCE ALONG THE WESTERLY LINE OF
SAID PARCEL IV NORTH 24°14'11" EAST 114.58 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING
ALONG SAID WESTERLY LINE NORTH 24°14'11" EAST 9.16 FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH
23°45'49" EAST 37.45 FEET;THENCE NORTH 61°16'20" EAST 7.18 FEET;THENCE SOUTH 68°42'25" EAST 38.18
FEET;THENCE NORTH 15°19'44" EAST 2.60 FEET;THENCE SOUTH 60°21'21" EAST 25.40 FEET;THENCE SOUTH
56°12'23" EAST 50.52 FEET;THENCE NORTH 77°52'04"WEST 19.34 FEET;THENCE NORTH 74°34'36"WEST 62.44
FEET;THENCE NORTH 67°00'08"WEST 16.77 FEET;THENCE NORTH 39°31'17"WEST 15.68 FEET;THENCE NORTH
56°17'18"WEST 7.92 FEET;THENCE NORTH 25°01'00"WEST 33.95 FEET TO SAID WESTERLY LINE AND THE TRUE
POINT OF BEGINNING.
CONTAINING 1,977 SQUARE FEET OR 0.045 ACRES, MORE OR LESS.
TRACT 3:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL IV;THENCE LEAVING SAID CORNER NORTH
76°10'16" EAST 94.57 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 77°19'31" EAST 79.81 FEET;
THENCE SOUTH 73°36'02" EAST 29.11 FEET;THENCE SOUTH 69°32'09" EAST 33.41 FEET;THENCE NORTH
89°05'04" EAST 12.50 FEET;THENCE NORTH 70°16'57" EAST 14.42 FEET;THENCE NORTH 74°38'26"WEST 23.34
FEET;THENCE NORTH 14°51'26" EAST 14.00 FEET;THENCE SOUTH 75°23'34" EAST 15.23 FEET;THENCE NORTH
52°34'39"WEST 11.97 FEET;THENCE NORTH 77°49'38"WEST 19.87 FEET;THENCE NORTH 78°09'21" EAST 48.07
FEET;THENCE NORTH 60°07'27" EAST 9.91 FEET;THENCE SOUTH 02°12'16"WEST 16.61 FEET;
PAGE 1 OF 7
THENCE NORTH 77°19'47" EAST 18.04 FEET;THENCE SOUTH 79°54'11" EAST 31.16 FEET;THENCE SOUTH
13°19'00"WEST 23.64 FEET;THENCE SOUTH 86°38'15"WEST 14.92 FEET;THENCE SOUTH 60°07'27"WEST 20.40
FEET;THENCE SOUTH 76°37'33"WEST 90.34 FEET;THENCE NORTH 58°30'02"WEST 22.28 FEET;THENCE NORTH
68°31'16"WEST 22.93 FEET;THENCE NORTH 57°12'59"WEST 79.80 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,656 SQUARE FEET OR 0.153 ACRES, MORE OR LESS.
TRACT 4:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL IV;THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL IV SOUTH 74°41'34" EAST 219.79 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID
SOUTHERLY LINE NORTH 54°00'32" EAST 9.60 FEET;THENCE NORTH 58°02'05" EAST 32.88 FEET;THENCE SOUTH
81°34'40" EAST 30.06 FEET;THENCE NORTH 43°39'40" EAST 18.79 FEET;THENCE NORTH 69°41'07" EAST 26.86
FEET;THENCE SOUTH 07°33'17" EAST 36.12 FEET;THENCE SOUTH 74°46'52"WEST 18.26 FEET;THENCE SOUTH
69°42'03"WEST 21.48 FEET;THENCE SOUTH 32°10'05"WEST 12.92 FEET TO SAID SOUTHERLY LINE;THENCE
ALONG SAID SOUTHERLY LINE NORTH 75°41'38"WEST 66.41 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 3,047 SQUARE FEET OR 0.069 ACRES, MORE OR LESS.
TRACT 5:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL IV;THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL IV SOUTH 74°41'34" EAST 298.42 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID
SOUTHERLY LINE NORTH 32°37'47" EAST 10.21 FEET;THENCE NORTH 64°49'16" EAST 12.27 FEET;THENCE
NORTH 76°31'27" EAST 12.88 FEET;THENCE SOUTH 19°46'35"WEST 23.99 FEET TO SAID SOUTHERLY LINE;
THENCE ALONG SAID SOUTHERLY LINE NORTH 74°41'34"WEST 21.80 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 356 SQUARE FEET OR 0.008 ACRES, MORE OR LESS.
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 2 OF 7
BOOKIo �ACgT / /
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N 14°19'40" E 17.53' iii /�
S 71°48'01" E 8.03' /
/ . /SS 35°14'03" E
/ 17.21'
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/ 14.08'
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/ °O 2.49'
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4., EASEMENT AREA A,
// �'�' 1,939 SQ. FT. °y'� (;)\/ � /
POINT OF BEGINNING 2
SWLY CORNER OF PARCEL IV S 63°03'04"W
/ 20.96'
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S 36°33'53" E DOC.NO.99027431
/ PARCEL IV
/ S) ° 15.70'
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/ S 6319'23" E
/ // / ''I'I� f 13.96'
/ / / •���' S 38°50'24"W
/ / N 74°41'34"W 1.77'
/ / 64.10'
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NORTH
1g:if SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA304-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F:5003.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
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CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 7
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61
POINT OF COMMENCEMENT 2�3 F
SW'LY CORNER OF PARCEL IV N7 4°34136•,w SOS2,
62.44,
Ls
LINE TABLE
LINE# DIRECTION LENGTH
Ll N24°14'11"E 9.16
L2 N61°16'20"E 7.18
L3 N15°19'44"E 2.60
L4 560°21'21"E 25.40
L5 N77°52'04"W 19.34
L6 N67°00'08"W 16.77
L7 N39°31'17"W 15.68
NORTH =_
L8 N56°17'18'W 7.92 — —
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SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-25102BA304-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F:503.274.4691 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kaff.vom
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 7
TRUE POINT OF
/
BEGINNING
119
009,21�� E 1$ L20
DOC.NO.99027431 N 1 48.07
/oo�F ' S���9'31 n E)9 81, PARCEL IV -...-.01r�� 121
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126
4‘)..t5/6e37 33
W 90.34
POINT OF COMMENCEMENT
SW'LY CORNER OF PARCEL IV
LINE TABLE
DIRECTION LENGTH LINE# DIRECTION LENGTH
L9 573°36'02"E 29.11 L18 N60°07'27"E 9.91
L10 569°32'09"E 33.41 L19 S02°12'16"W 16.61
L11 N89°05'04"E 12.50 L20 N77°19'47"E 18.04
L12 N70°16'57"E 14.42 L21 S79°54'11"E 31.16
L13 N74°38'26"W 23.34 L22 S13°19'00"W 23.64
L14 N14°51'26"E 14.00 L23 S86°38'15"W 14.92
L15 S75°23'34"E 15.23 L24 560°07'27"W 20.40
L16 N52°34'39"W 11.97 L25 N58°30'02"W 22.28
L17 N77°49'38"W 19.87 L26 N68°311.6"W 22.93 =NORTH =_
iql3ff -:=.
SCALE:1"=40'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA304-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT
O:503.227.3251 CHECKED BY: JRD
F:503.274.4581 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kaff.com
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 5 OF 7
TRUE POINT OF „t.26g6�
BEGINNING N69 4.r•N
DOC.NO.99027431 v
PARCEL IV W
W
th
IP S 81°34'40"E 30.06'SI ::
,
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0 TRACT 4 Nt
EASEMENT AREA
3,047 SQ. FT.
/ Ai t29
X30
N 74°41, W 66 00,
-S 74°41'34"E 219.79' 44
-POINT OF COMMENCEMENT
SW'LY CORNER OF PARCEL IV
LINE TABLE
LINE# DIRECTION LENGTH
L27 N54°00'32"E 9.60
L28 N43°39'40"E 18.79
L29 S74°46'52"W 18.26
L30 S69°42'03"W 21.48
131 S32°10'05"W 12.92 _ NORTH
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SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
W-T1-25102BA304-VEG-CORR DRAWN BY: JTD
111 SW Fifth Suite 2400
Portlantiand,,OR 97204 EASEMENT CHECKED BY: JRD
OR
0:503.227.3251 PROJECT NO. 1500087
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M.
www.koH.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 6 OF 7
•
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DOC.NO.99027431
PARCEL IV
T
RACT 5 X34
', EASEMENT AREA g3 ft356 SQ. FT. \'
of
S 7
4 4134 E 298.42, N,4) co N
/N2q"41,34,� 'h
21,80,
TRUE POINT OF BEGINNING
-POINT OF COMMENCEMENT
SW'LY CORNER OF PARCEL IV
LINE TABLE
LINE# DIRECTION LENGTH
L32 N32°37'47"E 10.21
L33 N64°49'16"E 12.27 =
L34 N76°31'27"E 12.88 - NORTH
ki P fl f _
SCALE 1"=20'
EXHIBIT MAP DATE: 24MAY2022
W-TL-2S102BA304-VEG-CORR DRAWN BY: JTD
111 SW Fifth Ave.,Suite 2400
Portland,OR 97204 EASEMENT CHECKED BY: JRD
an
O:503.227.3251 PROJECT NO. 1500087
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M.
www.knff.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 7 OF 7