2023-020029 ~ Washington County,Oregon 2023-020029
RETURN TO: City of Tigard stn 11 C WHITE 05/17/2023 08:44:24 AM
13125 SW Hall Blvd. $35.00$11.00$5.00$60.00 $111.00
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
Project: Fanno Creek Trail— SPL 20-002905 book of records of said county.
Tax Lot No.: 302 Joe Nelson, Director of Assessment and
Taxation, Ex-Officio County Clerk
Square Feet: 1,656
EASEMENT FOR WATER QUALITY PRESERVATION AND
STORM AND SURFACE WATER DRAINAGE
GRANTOR'S NAME: Tigard Industrial LLC, an Oregon limited liability company
ADDRESS: 9900 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$96.00.
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: (�✓�:t ✓l
(Sign here for entity)
Grantor(Individual) Title: Member
Date: Sr— l 4.—z3
Date
ACCEPTED
By:
City of Tigan,
NOTARIZE DOCUMENT BELOW
STATE OF OREGON )
County of elo..eice-4-.1
)
This instrument was acknowledged before me on /4, , 2023, by
Phillip A. Cohn, as Member of Tigard Industrial LLC.
❑ [Check if applicable] The notarial act was performed using communication technology.
OFFICIAL STAMP f c e
4, RENEE DENISE FISHER `L`L
NOTARY PUBLIC-OREGON
COMMISSION NO.988624 ot;ry Public
MY COMMISSION EXPIRES JUNE 20,2323
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
W-TL-2S102BA302-VEG-CORR
WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
THREE TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED AS PARCEL II 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 SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE EASTERLY LINE OF SAID
PARCEL II NORTH 24°14'11" EAST 9.17 FEET;THENCE LEAVING SAID EASTERLY LINE NORTH 24°45'14"WEST
38.85 FEET;THENCE NORTH 49°24'39"WEST 8.62 FEET;THENCE NORTH 70°37'35"WEST 97.75 FEET;THENCE
SOUTH 63°36'10"WEST 14.10 FEET;THENCE SOUTH 70°41'23" EAST 77.50 FEET;THENCE SOUTH 62°47'42" EAST
22.80 FEET;THENCE SOUTH 47°00'21" EAST 22.80 FEET;THENCE SOUTH 66°27'23" EAST 7.38 FEET;THENCE
SOUTH 27°51'49" EAST 11.38 FEET;THENCE SOUTH 04°57'37" EAST 8.65 FEET;THENCE SOUTH 23°52'12" EAST
2.38 FEET TO SAID SOUTHEASTERLY CORNER AND THE POINT OF BEGINNING.
CONTAINING 1,490 SQUARE FEET OR 0.034 ACRES, MORE OR LESS.
TRACT 2:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE SOUTHERLY LINE OF SAID
PARCEL II NORTH 66°34'45"WEST 114.53 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING
ALONG SAID SOUTHERLY LINE NORTH 66°34'45"WEST 27.73 FEET;THENCE LEAVING SAID SOUTHERLY LINE
NORTH 06°31'06" EAST 2.55 FEET;THENCE SOUTH 70°39'53" EAST 13.97 FEET;THENCE SOUTH 67°30'00" EAST
12.77 FEET;THENCE SOUTH 02°29'50" EAST 4.04 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 88 SQUARE FEET OR 0.002 ACRES, MORE OR LESS.
TRACT 3:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE SOUTHERLY LINE OF SAID
PARCEL II NORTH 66°34'45"WEST 302.07 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING
ALONG SAID SOUTHERLY LINE NORTH 66°34'45"WEST 15.40 FEET;THENCE LEAVING SAID SOUTHERLY LINE
SOUTH 87°31'21" EAST 12.47 FEET;THENCE NORTH 17°46'11" EAST 2.82 FEET;THENCE SOUTH 51°27'24" EAST
13.14 FEET;THENCE SOUTH 89°29'24"WEST 9.47 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 78 SQUARE FEET OR 0.002 ACRES,MORE OR LESS.
PAGE 1 OF 4
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 4
S63oNu
IIlDOC.N0.99027431
PARCEL II
TRACT'A'
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/ Q •�
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POINT OF COMMENCEMENT
SE'LY CORNER OF PARCEL II
/
POINT OF BEGINNING
V4, SE'LY CORNER OF PARCEL II&STRIP 3
FPS
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600KNgNCFgS4 t/F /
4/1/1g 16 pq o.>I,F / /
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/
/
LINE TABLE /
/
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH /'''\
Ll N24°14'11"E 9.17 L6 S23°52'12"E 2.38
L2 N49°24'39"W 8.62 L7 N06°31'06"E 2.55
L3 S66°27'23"E 7.38 L8 S70°39'53"E 13.97 _=-- -
L4 S27°51'49"E 11.38 L9 567°30'00"E 12.77
NORTH
L5 SO4°57'37"E 8.65 L10 S02°29'50"E 4.04
1(13ff ---...
SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA302-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT
0:503.227.3251 CHECKED BY: JRD
F:503.274.4681 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 4
DOC.NO.99027431
PARCEL 11
TRACT'A'
L13
L12
�-���14 TRACT 3 AREA
LII 4, 78 SQ. FT.
L15
TRUE POINT OF BEGINNING
SE'LY CORNER OF STRIP 3 N663445
1L302.0>,
POINT OF COMMENCEMENT
SE'LY CORNER OF PARCEL II
LINE TABLE
LINE# DIRECTION LENGTH
L11 N66°34'45"W 15.40
L12 S87°31'21"E 12.47
L13 N17°46'11"E 2.82
L14 S51°27'24"E 13.14 = =_
NORTH -_
L15 S89°29'24"W 9.47
l(Pfif
SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA302-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT
0:503.227.3251 CHECKED BY: JRD
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kp f.corn
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4