2023-020033 ~ Washington County,Oregon 2023-020033
AFTER RECORDING RETURN TO: stn=11 C WHITE 05/17/2023 08:45:28 AM
City of Tigard $40.00$11.00$5.00$60.00 $116.00
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
UNTIL A CHANGE IS REQUESTED Taxation, Ex-Officio County Clerk
SEND TAX STATEMENTS TO:
No Change
This space is reserved for recorder's use.
TEMPORARY ACCESS EASEMENT
This Temporary Access Easement("Easement") is made by and between Andrews Management,
LTD., an Oregon corporation, and Tigard Industrial LLC, an Oregon limited liability company ("Grantors"),
and the City of Tigard, an Oregon municipal corporation ("Grantee").
AGREEMENT
1. Effective Date. This Easement shall become effective on the date of the last signature below(the
"Effective Date").
2. Grant of Easement. For good and valuable consideration, Grantors hereby grant to Grantee, its
successors and assigns, and Grantee hereby accepts, a non-exclusive temporary access easement, on, across,
under, over and through that certain portion of Grantors' real property located in Washington County, Oregon,
as described and depicted in Exhibit"A", which is attached and incorporated herein (the "Easement Area").
3. Term of Easement. This Easement shall expire four years after the Effective Date ("Term");
notwithstanding the foregoing, Grantee shall only access, enter upon, or use the Easement Area for the purposes
provided herein for no more than three years within the Term.
4. Scope of Easement. During the Term, Grantee and its agents, employees, officers, consultants,
contractors and other persons entering the Easement Area under the express or implied invitation or consent of
Grantee (collectively, "Grantee Parties") shall have the right to access, enter upon, and use the Easement Area
for vehicular and pedestrian access purposes related to the Fanno Creek Trail: Woodard Park-Bonita Rd./85th
Ave-Tualatin Br. Project("Project").
5. Non-Exclusive Grant. Grantors shall not locate any structures within the Easement Area during the
Term. Grantors and their agents, employees, officers, consultants, tenants and invitees (collectively, "Grantor
Parties")reserve the right to use the Easement Area for access and all purposes that do not unreasonably
interfere with Grantee's permitted uses of the Easement Area, in accordance with the other terms of this
Easement.
6. Access. Neither Grantor Parties nor Grantee Parties shall block, obstruct or otherwise limit access to
Tigard Street during the Term except for Grantee being permitted to do so on up to six (6)occasions, with each
occasion not to exceed 15 minutes in length and outside the hours of 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to
5:30 p.m. Grantors and Grantee acknowledge that the Easement Area is the exclusive entry into the property
Page 1 —TEMPORARY ACCESS EASEMENT
commonly known as Tigard Industrial Park. Notwithstanding Section 9 below, a breach of this Section 6 by
Grantor Parties or by Grantee Parties shall be an immediate default by Grantors or Grantee respectively.
7. Damages and Restoration. Grantee agrees to repair damage to and restore, as near as reasonably
practical, to a like-kind or better condition, the Easement Area, and any improvements therein, caused by
Grantee Parties' use of the Easement Area.
8. Insurance.
(a) During the Term, Grantee shall carry workers' compensation insurance as required by applicable law,
and comprehensive liability coverage for injury to or death of any person or persons and for damage to property
occasioned by or arising out of any use of the Easement Area by Grantee. Such insurance shall be primary and
noncontributing to any insurance maintained by Grantors and Grantors shall be named as additional insured or
member. Prior to the commencement of the Term, Grantee shall provide to Grantors evidence of such
insurance reasonably acceptable to Grantors. Notwithstanding Section 9 below,the failure to maintain the
insurance and provide evidence of insurance required by this Section 8 shall be an immediate and uncurable
event of default.
(b) During the Term, Grantee shall verify that the lead contracting agency's (Oregon Department of
Transportation's) contractors will obtain and maintain workers' compensation insurance, as required by
applicable law, and commercially reasonable comprehensive liability coverage for injury to or death of any
person or persons and for damage to property occasioned by or arising out of any use of the Easement Area by
lead contracting agency's contractors.
9. Default and Remedies. If either party violates any of the terms, covenants or conditions of this
Easement, or fails to perform any of its obligations set forth in this Easement in a timely manner, the other party
shall have the right to declare a default by written notice and, if such default is not cured as provided in this
paragraph, may seek available legal or equitable remedies, including injunctive relief, in the Circuit Court of the
State of Oregon in Washington County. All disputes arising out of this Easement shall be construed in
accordance with Oregon law. Notice shall be given as provided for in Section 10 below. The notice shall
provide a detailed statement(s) of the alleged default. If the defaulting party fails to cure the default within ten
(10) days from the Delivery Date of the notice (as defined below), or if within such ten(10)-day period that
party has not begun to cure a matter that cannot reasonably be cured in ten (10)days or does not diligently
prosecute the cure to completion,then the party asserting the default may pursue the remedies described in this
paragraph. Once notice of default has been given, no additional notice shall be required in order to exercise the
remedies provided for in this paragraph.
10. Notices. All notices, approvals, consents or requests given or made pursuant to this Easement shall be
deemed delivered: (a) upon receipt by personal delivery when written acknowledgment of receipt thereof is
given; (b)if given by United States mail, certified mail,return receipt requested, with postage prepaid,two (2)
days after it is deposited in the mail; or(c) if given by a nationally recognized overnight carrier prepaid for next
business day delivery, upon the business day delivered("Delivery Date"). Copy of the notice must also be sent
by electronic mail (email). Notwithstanding, email delivery does not change the Delivery Date. Notices shall
be addressed as follows until a new address for notices shall be designated by notice in the manner provided in
this paragraph to all other parties:
If to Grantors: Andrews Management, LTD.
Tigard Industrial LLC
Page 2—TEMPORARY ACCESS EASEMENT
5845 Jean Rd.
Lake Oswego, OR 97035
Attn: Brad Fowler
email address: bradfowler@comcast.net
With a copy to: Bateman Seidel
Attn: Chris Gram
1000 SW Broadway, Suite 1910
Portland, OR 97205
Email address: cgram@batemanseidel.com
If to Grantee: City of Tigard
Attn: City Engineer
13125 SW Hall Blvd
Tigard, OR 97223
email address:joew@tigard-or.gov
With a copy to: City of Tigard
Attn: City Attorney
13125 SW Hall Blvd
Tigard, OR 97223
email address: shelbyr@tigard-or.gov
11. General. This Easement shall run with the land and shall be binding upon and inure to the benefit of
and be enforceable by the respective successors and assigns of the parties hereto during the Term. No third-
party beneficiary rights are created by this Easement.
12. Severability. If any provision of this Easement, or the application thereof to any person or
circumstances shall,to any extent, be held invalid, inoperative or unenforceable, the remainder of this
Easement, or the application of such provision, to any other person or circumstance shall not be affected
thereby. The remainder of this Easement shall be given effect as if such invalid or inoperative portion had not
been included. It shall not be deemed that any such invalid provision affects the consideration for this
Easement.
13. Amendment. This Easement may be amended only by an instrument in writing signed by both
Grantors and Grantee.
14. No Public Dedication. Nothing in this Easement shall be deemed to be a gift or a dedication of any
portion of the Easement Area to the general public or for the use of the general public, it being the intent of the
parties that this Easement be strictly limited to and for the purposes expressed herein.
15. Indemnity. To the extent permitted by the Oregon Constitution and subject to the Oregon Tort Claims
Act(ORS 30.260 to 30.300), Grantee shall indemnify, defend, and hold harmless Grantors from and against any
injury, expense, damage, liability, or claim, including, but not limited to, reasonable attorney fees, incurred by
Grantors, arising from any negligent act or omission or intentional misconduct by Grantee Parties, or any
default by Grantee hereunder.
Page 3 —TEMPORARY ACCESS EASEMENT
16. Condemnation. Grantors are granting this Easement to Grantee under the threat of and power of
condemnation.
IN WITNESS WHEREOF, Grantors and Grantee execute this Easement as of the Effective Date.
GRANTOR: GRANTOR:
Andrews Management,LTD. Tigard Industrial LLC,
an Oregon corporation an Oregon limited liability company
By: By: �' .AT, Cv-�
Name: Phillip A. Cohn Name: Phillip A. Cohn
Its: President Its: Member
Date: 5 l Rol l Z3 Date: S ( t(o ( 2,3
GRANTEE:
City of Tigard,
an Oregon municipal corporation
`
By: r
Name: Steph Rymer
Its: City Manager
Date: 1a
STATE OF OREGON
GtD.C.k- 4-6 )ss.
County of r — )
This instrument was acknowledged before me on f ,2023,by
Phillip A. Cohn, as President of Andrews Management,Ltd. n Oregon corporation.
40,440. OFFICIAL STAMP J,
1 . RENEE DENSE FISHER NO RY PUBLIC FOR ORE O
NOTARY PUELI^-OREGON M ommission Expires:
COMMISSION NO.983624 y p ® �
MY COMM iSSION EXPIRES JUNE 20,2023
Page 4—TEMPORARY ACCESS EASEMENT
STATE OF OREGON )
)ss.
County of ( 4c .41164 __ )
This instrument was acknowledged before me on / ,2023,by
Phillip A. Cohn, as Member of Tigard Industrial LLC,an O gon limited liability company.
e".
� ®®��
OFFICIAL STAMP L u- 'L
,L,:!-,4A RENEE DENISE FISHER NARY'6/au-IX
PUBLIC FOR 0 GO
\ ---44:9) NOTARY PUBLIC-OREGON M Commission Expires: ` 1„2
COMMISSION N0.988624
MY COMMISSION EXPIRES JUNE 20,2023
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on I te ,2023,by
Stephen Rymer,as City Manager,of City of Tigard.
OFFICIAL STAMP
RENEE DENISE FISHER NO ARY PUBLIC FOR ORE ON s�
NOTARY PUBLIC-OREGON My ommission Expires: �t,L f
COMMISSION N0.988624
MY COMMISSION EXPIRES JUNE 20,2023
Page 5 —TEMPORARY ACCESS EASEMENT
EXHIBIT A
W-TL-2S102BA303-TCE
TEMPORARY CONSTRUCTION EASEMENT TYPE: TEMPORARY ACCESS EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
TWO TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED IN WARRANTY DEED STATUTORY
FORM TO ANDREWS MANAGEMENT LTD.,AN OREGON LIMITED LIABILITY COMPANY IN DOCUMENT NUMBER
2008-034373,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,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7 OF KAROL COURT,WASHINGTON COUNTY PLAT
RECORDS;THENCE SOUTH 72°10'48" EAST 89.08 FEET;THENCE NORTH 18°05'21" EAST 44.11 FEET;THENCE
SOUTH 71°01'47" EAST 239.63 FEET;THENCE NORTH 88°47'31"EAST 32.18 FEET;THENCE NORTH 60°47'52"
EAST 48.73 FEET;THENCE NORTH 18°08'19" EAST 276.27 FEET;THENCE NORTH 34°12'08" EAST 110.84 FEET;
THENCE NORTH 79°34'30"EAST 6.74 FEET;THENCE NORTH 24°14'11" EAST 18.58 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF SW TIGARD STREET(WIDTH VARIES);THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE SOUTH 64°11'08"EAST 20.01 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE SOUTH 64°11'08 EAST 24.73 FEET;THENCE LEAVING SAID SOUTHERLY RIGHT-
OF-WAY LINE SOUTH 57°51'53"WEST 8.52 FEET;THENCE SOUTH 24°14'11"WEST 32.25 FEET;THENCE SOUTH
34°12'08"WEST 88.98 FEET;THENCE NORTH 71°58'02"WEST 4.63 FEET TO THE WESTERLY LINE OF SAID PARCEL
AND A POINT HEREINAFTER REFERRED TO AS POINT A;THENCE ALONG SAID WESTERLY LINE NORTH 24°14'11"
EAST 128.16 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE TRUE POINT OF BEGINNING.
CONTAINING 1,891 SQUARE FEET OR 0.043 ACRES, MORE OR LESS.
TRACT 2:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL,SAID POINT BEARS SOUTH 24°14'11"WEST
82.63 FEET FROM AFOREMENTIONED POINT A;THENCE ALONG SAID WESTERLY LINE SOUTH 24°14'11"WEST
98.26 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL;THENCE LEAVING SAID CORNER ALONG THE
SOUTHERLY LINE OF SAID PARCEL SOUTH 73°37'44" EAST 10.44 FEET;THENCE LEAVING SAID SOUTHERLY LINE
NORTH 18°08'19" EAST 97.38 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 508 SQUARE FEET OR 0.012 ACRES, MORE OR LESS.
PAGE 1 OF 3
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 3
TRUE POINT OF
SW KATHERINE STREET S 64°11'08"E 20.01'
BEGINNING
N 24°14'11"E 18.58' TRACT 1
N 79°34'30"E 6.74' - L19
00
T.
cti
' 4;)i. co l'N 3.14; i
I ° ti° L18 � lQ
43 OST
POINT A /Q
TRACT 1 AREA FFj'
sS 24°14'11"W
-- POINT OF 82.63' �1S 1,891 SQ.FT.
f`f DOC.NO.
COMMENCEMENT N. 2008-034373
= `� ti et TRUE
N 18°05'21" E -_ v H
44.11' N 60°47'52"E a v POINT OF
s,1° Nss°4T317E z !1• BEGINNING
014j„ 32.18' TRACT 2
23963, �"
S 72°10'48"E TRACT 2 AREA
89.08'
508 SQ. FT.
NORTHERLY UNE
TRAIL EASEMENT
DOCUMENT NO.
.�
2010-026710
q�
Ofib has
8n— tg.. 41/ C
4/Z/Ig7Oj 'O ,Alsq�
�S(40,�Gf 911 FN`'4
—
LINE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH
L12 S24°14'11"W 98.26 L17 S24°14'11"W 32.25
L13 S73°37'44"E 10.44 L18 S57°51'53"W 8.52
L14 518°08'19"W 97.38 L19 S64°11'08"E 24.73 __--•,-..--_—_.-
--.__ T
—
L15 N71°58'02"W 4.63 L20 N241.4'11"E 128.16
NORTH
L16 S34°12'08'"W 88.98 — _
lig3ff =---7--1:
SCALE:1"=150'
EXHIBIT MAP DATE: 24 MAY 2022
in.SW Path nye.,Sone 2400 W-TL-2S102BA303-TCE DRAWN BY: JTD
Portland,0097204 TEMPORARY CONSTRUCTION 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: 3 OF 3