2023-014427 ~ 8900 SW Burnham St Washington County,Oregon 2023-014427
D-E
Stn=11 C WHITE 04/11/2023 12:41:01 PM
$45.00$11.00$5.00$60.00 $121.00
AFTER RECORDING RETURN TO: I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
Clof Tid County Clerk for Washington County,Oregon,do hereby certify that
�Jganthe within instrument of writing was received and recorded in the
13125 SW Hall Blvd. book of records of said county.
Joe Nelson, Director of Assessment and
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.
PUBLIC TRAIL EASEMENT
For good and valuable consideration, Burnham Business & Storage L.L.C., an Oregon limited
liability company ("Grantor"), hereby grants and conveys unto the City of Tigard, an Oregon
municipal corporation ("Grantee"), a perpetual public trail 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 —PUBLIC TRAIL 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: Burnham Business& Storage L.L.C.
9500 SW Barbur Blvd, Ste. 300
Portland, OR 97219
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—PUBLIC TRAIL 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 —PUBLIC TRAIL EASEMENT
GRANTOR: GRANTEE:
Burnham Business& Storage 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:
By:Randall Realty Corp, an Oregon corporation
Its manat,
.
By: .� � By; �?
I t
Name: Randall E.Nor4art Name: ,.AVE `.M /Z.
Its: PresidentIts: C I1` ` 24).
Date: .3 2 Date: ,,,icor,,//....../C.,./.
B ,
r
Name: Ronald L. Koos
Its: Vice President
Date: /....2ca.3
STATE OF 0 reyn )
) ss.
County of )
This instrument was acknowledged before me on khil l 202 by
Randall E.Nort art , as President ,of Randall Realtti Corp an Oregon corporation
" .,. OFFICIAL
) ss. 11
aA.- 1 -�4, mia:
• — DIANNE M KILEY Nb ARY PUBLIC FOR OREGON
NOTARY PUBLIC-OREGON
COMMISSION NO 1019251 My Commission Expires: ;: 5>
MY COMMISSION EXPIRES NOVEMBER 28,2025
STATE OF )
)ss.
County ofMtA, )
This instrument was acknowledged before me on Fe Lrot$ 2023,by
Ronald L.Koos,as Vice President ,of Randall Reale C‹rp,an Oregon corporation .
- '1141111W
® �
��� OFFICIAL STAMP ARY PUBLIC FOR OREGON
r1= DIANNE M KILEY My Commission Expires: l f I 2V 043
‘,..-:,..-iiiNOTARY PUBLIC-OREGON
COMMISSION NO.1019251
MY COMMISSION EXPIRES NOVEMBER 28,2U4
Page 4—PUBLIC TRAIL EASEMENT
STATE OF 0 0 )
/ ,' ) ss.
County of lti -L6►'L )
, 2023 by
This instrument&was acknowledged before me on /� Zl,
3'+2Cv j , as et- N .. cf of
s v7 'f f`
;';T OFFICIAL STAMP NOTARY PUBLIC FOR ORE{`O
CAROL ANN KRAQER • My Commission Expires: v1!> „?..0c1
NOTARY PUBLIC-OREGON °
COMMISSION NO.1028802
J MY COMMISSION EXPIRES SEPTEMBER 20 2026
,
Page 5 —PUBLIC TRAIL EASEMENT
EXHIBIT A
CITY-HALL-TL-25102DB200-BIKE-PED
PUBLIC TRAIL 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 WARRANTY
DEED TO BURNHAM BUSINESS AND STORAGE, LLC,AN OREGON LIMITED LIABILITY COMPANY, IN DOCUMENT
NUMBER 95-060750,WASHINGTON COUNTY DEED RECORDS,LOCATED IN THE SOUTHEAST 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 NORTHWESTERLY CORNER OF PARCEL 1, PARTITION PLAT NUMBER 2020-014,
WASHINGTON COUNTY PLAT RECORDS;THENCE NORTH 61°52'14" WEST 473.21 FEET TO THE SOUTHEASTERLY
CORNER OF SAID PARCEL II AND TO THE TRUE POINT OF BEGINNING;THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL II SOUTH 87°48'30"WEST 34.75 FEET TO A POINT,SAID POINT HEREINAFTER REFERRED TO AS
POINT A;THENCE LEAVING SAID SOUTHERLY LINE NORTH 84°58'41" EAST 20.76 FEET;THENCE NORTH 87°44'24"
EAST 15.06 FEET TO THE EASTERLY LINE OF SAID PARCEL II;THENCE ALONG SAID EASTERLY LINE SOUTH
42°55'30" WEST 1.48 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 26 SQUARE FEET OR 0.001 ACRES (MORE OR LESS).
TRACT 2
COMMENCING AT AFOREMENTIONED POINT A;THENCE SOUTH 87°48'30"WEST 31.31 FEET TO THE TRUE
POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 87°48'30"WEST 24.44 FEET;
THENCE NORTH 29°20'00"WEST 9.73 FEET TO A POINT,SAID POINT HEREINAFTER REFERRED TO AS POINT B;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 58°48'14" EAST 9.74 FEET;THENCE SOUTH 83°09'30"EAST
21.01 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 64 SQUARE FEET OR 0.002 ACRES(MORE OR LESS).
TRACT 3
COMMENCING AT AFOREMENTIONED POINT B;THENCE NORTH 29°20'00"WEST 19.36 FEET TO THE TRUE
POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 29°20'00"WEST 180.59
FEET;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 30°32'11"EAST 141.60 FEET;THENCE SOUTH 24°58'37"
EAST 39.14 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 268 SQUARE FEET OR 0.006 ACRES(MORE OR LESS).
PAGE 1 OF 4
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE.
THE TRACTS 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
EXPIRES 12/31/23
PAGE 2 OF 4
PARCEL JI
DOC.NO.95-060750
BURNHAM BUSINESS&
STORAGE,LLC.
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1.4.1
w
Ss
to
in TRUE POINT OF
BEGINNING
TRACT 3
T- TRACT 2 TRACT 1
O.. PUBLIC TRAIL EASEMENT PUBLIC TRAIL EASEMENT 4r
, „
6'c7 ss8° AREA=64 SQ.FT. AREA=26 SQ.FT. S 42 55 30 W
' ' 498' 1.48'
POINT B 2 ) ,q F S$3°09'30 E N 84°58'41" E N S7°44'24" E
�`�° 21•(111 587'4830°w 20.76
`''o, 31.31' 5 87°48'30"W 34.75 ?I4 iv
o S 8704810"W
O; 24.44' POINT'A'
4.
TRUE POINT OF TRUE POINT OF POINT OF PARTITION PLAT
BEGINNING BEGINNING COMMENCEMENT NO.2020-014
TRACT 2 TRACT 1 NW'LY CORNER PARCEL 1 PARCEL 1
PARTITION PLAT NO.2020-014
NORTH —_
l'' . M.-
SCALE:1"=20'
EXHIBIT MAP DATE: 24MAY2022
011 SW Fifth Ave.,State 2400 CITY-HALL-TL-2S1020B200-BIKE-PED DRAWN BY; CMR
Portland,OR 47204 .. PUBLIC TRAIL EASEMENT CHECKED BY: J D
Ot 503.227.3251
F:503.274.4681 SE 1/4 SEC.2/T.2 5./R.1 W./W.M. PROJECT NO. 1500087
wxv k°Rwm CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 4
ti \\\‘‘I% :9s1%%17.?..tro, PARCEL II
DOC.NO.95-060750
BURNHAM BUSINESS&
STORAGE,LLC.
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TRACT 3
i PUBLIC TRAIL EASEMENT
{ AREA=268 SQ.FT.
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TRUE POINT OF
BEGINNING
7.-..,......--
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POINT'B'
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SCALE:1"=20'
EXHIBIT MAP DATE. 24 MAY2022
111 SW Fifth Ave.,Suite 2400 '.. CITY-HALL-TL-25102DB200-BIKE-PED DRAWN BY: CMR{
Portland,oRs72D4 PUBLIC TRAIL EASEMENT CHECKED BY: JRD
0:503.227.3251 ,.
P:503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087'
wwwkPn rnm CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4