2023-014424 ~ Washington County,Oregon 2023-014424
D-E
Stn=11 C WHITE 04/11/2023 12:40:06 PM
$35.00$5.00$11.00$5.00$60.00 $116.00
AFTER RECORDING RETURN TO: I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk for Washington County,Oregon,do hereby certify that
City of Tigard the within instrument of writing was received and recorded in the
said county.
book of records oe Nelson, Director of Assessment and
13125 SW Hall Blvd.
Tigard, OR 97223 Taxation, Ex-Officio County Clerk
UNTIL A CHANGE IS
REQUESTED SEND TAX
STATEMENTS TO:
No Change
This space is reserved for recorder's use.
BIKEWAY AND PEDESTRIAN WAY EASEMENT
For good and valuable consideration, Elite Care Management Group LLC, an Oregon limited
liability company ("Grantor"),hereby grants and conveys unto the City of Tigard, an Oregon
municipal corporation("Grantee"), a perpetual public bikeway and pedestrian way easement
("Easement") on, over, across, and under Grantor's real property located in Washington County,
Oregon, described and depicted in the attached Exhibit"A" ("Easement Area"),pursuant to the
following terms and conditions:
1. Effective Date. This Easement shall become effective on the date of the last signature
below(the"Effective Date").
2. Purpose and Scope of the Easement. The purpose of this Easement is for general
public access and use on, over, and across the Easement Area, of a public trail for pedestrians,
bicycles, and other recreational uses. Grantee, its contractors and agents, also shall have the
right to use, access, and enter upon the Easement Area to install, construct,use, reconstruct,
repair,maintain, and replace the trail,trail-related improvements, and vegetation in the
Easement Area. Grantee may use equipment and vehicles deemed appropriate by Grantee for
such purposes.
3. Grantor's Use and Restrictions. This Easement shall run with the land and be binding
on Grantor's heirs, successors, and assigns. Grantor may,however, use the Easement Area for
public use, as stated herein,provided such use does not interfere with or restrict Grantee's or the
public's rights of use or access, as stated herein, or obstruct the Easement Area in any way.
Grantor shall not construct any permanent or temporary structure within the Easement Area.
4. Restoration, Maintenance, and Repair. Grantee, at its sole cost and expense shall
reasonably maintain the Easement Area in good condition and repair and in a manner that is
safe for trail use.
Page 1 —BIKEWAY AND PEDESTRIAN WAY EASEMENT
5. Effect and Duration of the Easement. Subject to all prior easements or encumbrances of
record,the rights, covenants and obligations contained in this Easement shall bind, burden and
benefit each party's successors, assigns, invitees and lessees. This Easement shall remain in effect
perpetually, unless vacated by Grantee. In such an event, all rights held by Grantee shall be
forfeited, and the Easement shall immediately revert to Grantor, its successors, and assigns.
6. 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 7 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.
7. 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)when made to Grantee. 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 Grantor: Elite Care Management Group LLC
2300 SW 103rd
Portland, OR 97225
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
Page 2—BIKEWAY AND PEDESTRIAN WAY EASEMENT
email address: shelbyr@tigard-or.gov
8. 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.
9. Amendment. This Easement may be amended only by an instrument in writing signed
by Grantor and Grantee.
Page 3 —BIKEWAY AND PEDESTRIAN WAY EASEMENT
GRANTOR: GRANTEE:
Elite Care Management Group LLC, City of Tigard, an Oregon municipal corporation,
an Oregon limited liability company an Oregon municipal corporation,
Accepts and agrees to the terms of this Easement:
f A
By:
Y:
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Name: ` E Name: I -e ,
Its: ,. Its: CI 1- ' ,4 OL
Date: ,. /1 3 Date: 4,' ''f(1) ", .,.
STATE OF t, )
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County of I '' `(, )
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This instrument was acknowledged before me on � 7 ,202: by
1,0,_]1 i awvi ..„--
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(1. - F ,,, .1 c
7• 4 OFFICIAL STAMP '" .. � :..
' RENEE DENISE FISHER NOT RY PUBLIC FOR ORE
NOTARY PUBLIC-OREGON My ommission; Expires:
COMMISSION NO.888624 "
MY COMMISSION EXPIRES JUNE 20,2023 1
STATE OF, 7249401.— )
)Ss.
County of 24/Qfhih 5-Zo )
This instrum nt was acknowledged before me onA.4„i../ /‘? ,2023,by
k”,...,,-- , as ,of
- '6e..i.ere'A-, .,...„€..,..
:„....� OFFICIAL STAMP NOTARY PUBLIC FOR OREGO
r CAROL ANN KRAGER D
=�'� My Commission Expires: e .' • s�,�
�c,. NOTARY PUBLIC-OREGON r
COMMISSION NO.1028802
MY COMMISSION EXPIRES SEPTEMBER 20,2026
Page 4—BIKEWAY AND PEDESTRIAN WAY EASEMENT
EXHIBIT A
W-TL-2S102BA5100-BIKE-PED
BIKEWAY AND PEDESTRIAN WAY EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
TWO PARCELS OF LAND BEING PORTIONS OF TRACT A,PARTITION PLAT NUMBER 2013-021,WASHINGTON
COUNTY PLAT 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:
PARCEL 1:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID TRACT A;THENCE ALONG THE WESTERLY RIGHT-OF-
WAY LINE OF SOUTHWEST GRANT AVENUE(50 FEET WIDE)SOUTH 33°49'00"WEST 120.05 FEET TO THE TRUE
POINT OF BEGINNING,SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THAT TRACT OF LAND
DESCRIBED IN BIKEWAY AND PEDESTRIAN WAY EASEMENT TO THE CITY OF TIGARD IN DOCUMENT NUMBER
2007-029573,WASHINGTON COUNTY DEED RECORDS;THENCE ALONG THE SOUTHERLY LINE OF SAID
EASEMENT NORTH 53°14'19"WEST 20.29 FEET;THENCE SOUTH 32°49'52"WEST 26.87 FEET;THENCE LEAVING
SAID SOUTHERLY LINE SOUTH 53°14'19"EAST 19.83 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE;THENCE
ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 33°49'00" EAST 26.84 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 538 SQUARE FEET OR 0.012 ACRES(MORE OR LESS).
PARCEL 2:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID TRACT A;THENCE SOUTH 51°59'30"WEST 106.88
FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 56°11'00"WEST 43.23 FEET TO THE WESTERLY LINE
OF SAID TRACT A;THENCE ALONG SAID WESTERLY LINE SOUTH 16°37'00"WEST 38.21 FEET;THENCE LEAVING
SAID WESTERLY LINE SOUTH 56°11'00" EAST 26.11 FEET;THENCE NORTH 56°37'30"EAST 5.25 FEET;THENCE
NORTH 40°37'30" EAST 31.89 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,289 SQUARE FEET OR 0.030 ACRES(MORE OR LESS).
PAGE 1 OF 3
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM(OCRS), PORTLAND ZONE.
THE PARCELS OF LAND ARE 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 J
EXPIRES 12/31/23
PAGE 2 OF 3
POINT OF
COMMENCEMENT
NE'LY CORNER TRACT A
PARTITION PLAT NO.2013-021 ...--
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SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
W-TL-2S102BA5100-BIKE-PED DRAWN BY: CMR
111 SW Fifth Ave,Suite 2400
Portland,OR 97204 BIKEWAY&PEDESTRIAN WAY EASEMENT CHECKED BY: JRD
0:503.227.3251
F 503.274.4,581 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
wwwicfaleorn
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 3