2023-014425 ~ 8900 SW Burnham St Washington County,Oregon 2023-014425
D-E
Stn=2 S AKINS 04/11/2023 12:41:01 PM
$50.00$11.00$5.00$60.00 $126.00
AFTER RECORDING TY 7 �r TO: I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
A: iJ I N County Clerk for Washington County,Oregon,do hereby certify that
Cit ®f Tl aYd the within instrument of writing was received and recorded in the
Y g book of records of said county.
13125 SW Hall Blvd 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/or recorder's use.
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement("Easement") is made by and between Burnham
Business & Storage L.L.C., an Oregon limited liability company ("Grantor"), 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, Grantor hereby grants to
Grantee, its successors and assigns, and Grantee hereby accepts, an exclusive temporary
construction easement on, across, under, over and through that certain portion of Grantor's 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 (the
"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 planning,pre-construction, construction, and
monitoring activities related to the Fanno Creek Trail: Woodard Park-Bonita Rd./85th Ave-
Tualatin Br. Project("Project").
5. 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's or any Grantee Party's use of the Easement Area that was not
intended in the Project scope. Grantee shall protect in place, or replace in like-kind, if disturbed
by Grantee, existing fencing in the Easement Area.
Page 1 —TEMPORARY CONSTRUCTION EASEMENT
6. Insurance. During the Term, Grantee shall carry, and require its agents and contractors
to carry, worker's 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 Grantee
or any Grantee Party.
7. 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 8 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.
8. 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
Page 2—TEMPORARY CONSTRUCTION EASEMENT
Attn: City Attorney
13125 SW Hall Blvd
Tigard, OR 97223
email address: shelbyr@tigard-or.gov
9. 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.
10. 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.
11. Amendment. This Easement may be amended only by an instrument in writing signed
by Grantor and Grantee.
12. 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.
Page 3—TEMPORARY CONSTRUCTION EASEMENT
GRANTOR: GRANTEE:0.
Burnham Business& Storage L.L.C., City of Tigard,
an Oregon limited liability company an Oregon municipal corporation
By:Randall Realty Corp, an Oregon corporation
Its mana=„ger
P -
By: Z.4—> -� ,
Name: Randall E.Norslart Name: --= � � .
Its: President Its: . ,&a. ,.A(.17L
Date: 3. Date: 'j a 1 16 /.'). :.
By ' ,. j . `- f J":: earal
'
Name: Ronald L. Koos
Its: Vice President
Date: // 1,,,r
STATE OF 0 )
)ss.
County of i i ` .. i i x ., -" I )
This instrument was acknowledged before me on202 ,by
Randall E.Nor art as President ,of Randall Realt\ Corp.an OreLion corporation.
..
h'--1.. OFFICIAL STAMP
. c ;'
��. DIANNE M KILEY ? �
NOTARY PUBLIC-OREGON
!:• COMMISSION No.1o1s251 , - ARY PUBLIC OR OREGO
MY COMMISSION EXPIRES NOVEMBER 28,2025 My Commission Expires: 11/ , o5'
STATE OF )
ss.
County of )
This instrument was acknowledged before me on e 3 ,2023,by
Ronald L.Koos . as Vice President of Randall Realr% Corp, an Ore69on corporation .
11 . OFFICIAL STAMP ,tom 9'11/1 /
DIANNE M KILEY
V7-' NOTARY PUBLIC-OREGON !{ : RY PUBLIC FOR OREGON
ON
COMMISSION NO.1019251 My Commission Expires: II/2P/ 2 b a 5--
MY COMMISSION EXPIRES NOVEMBER 28,2025
Page 4—TEMPORARY CONSTRUCTION EASEMENT
STATE OF yob )
q' )ss.
County of Was-A(h 400-- )
This instrument was acknowledged before me on ./.l !D 2023, by
- of
N
w� �'• NOTARY PUBLIC FOR OREGO
OFFICIAL STAMP ?G -19°-19°2COC
tt `, 6: CAROL ANN ICRAGER My Commission Expires: t,,,
NOTARY PUBUC-OREGON
,for COMMISSION NO.1028802
L MY COMMISSION EXPIRES SEPTEMBER 20,2028 ,
Page 5 ®TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
C ITY-HALL-TL-2S 102 D B200-TC E
TEMPORARY CONSTRUCTION EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT(TRACT 4)
A TRACT OF LAND BEING A PORTION 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:
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 8T48'30"WEST 90.50 FEET;THENCE NORTH 29°20'00"WEST 237.00 FEET;THENCE
NORTH 22°26'10"WEST 44.00 FEET TO THE WESTERLY CORNER OF SAID PARCEL II;THENCE ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL II NORTH 42°53'06" EAST 1.09 FEET;THENCE LEAVING SAID
NORTHWESTERLY LINE SOUTH 22°26'31" EAST44.74 FEET;THENCE SOUTH 29°20'21"EAST 24.92 FEET;THENCE
SOUTH 30°32'11"EAST 143.61 FEET;THENCE SOUTH 26°25'49"EAST 39.43 FEET;THENCE SOUTH 2920'21"
EAST 18.42 FEET;THENCE SOUTH 58°48'14" EAST 8.83 FEET;THENCE SOUTH 83°09'30" EAST 22.56 FEET;
THENCE NORTH 87°48'09"EAST 22.23 FEET;THENCE NORTH 84°58'41" EAST 27.53 FEET;THENCE NORTH
87°44'24" EAST 17.12 FEET TO THE EASTERLY LINE OF SAID PARCEL II;THENCE ALONG SAID EASTERLY LINE
SOUTH 42°55'30"WEST 4.32 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS OF LAND LYING WITHIN THE BELOW DESCRIBED TRACT 1,TRACT 2,
AND TRACT 3.
PUBLIC TRAIL EASEMENTS(TRACT 1,TRACT 2,AND TRACT 3)
THREE TRACTS OF LAND BEING PORTIONS OF SAID PARCEL II BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT 1
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID 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.
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;
PAGE 10F 5
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.
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 495 SQUARE FEET OR 0.011 ACRES(MORE OR LESS).
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 5
PARCEL II
DOC.NO.95-060750
BURNHAM BUSINESS&
STORAGE,LLC.
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TEMPORARY
T0,�,,�W'O. CONSTRUCTION EASEMENT
c2 ? NA, 5 58,48'14" E AREA=495 SQ.FT.
�� 8.83 5 42°55'30"W
4Illitio5 83"09'30"E N 87°48'09" E N 84°58'41" E N 8 i 44'24" E 4.32'
22.56' 27.53
.� 22.23' : Si_. — s ,
. _�..-�.�+..0..1741,AL g.- T ,2
4�� Iq.,
all S 87'48'30°`W 90.50' 2T. Iti
TRACT 2 TRACT 1
PUBLIC TRAIL EASEMENT PUBLIC TRAIL EASEMENT
AREA=64 SQ.FT. AREA=26 SQ.FT.
TRUE POINT OF ' PARTITION PLAT
BEGINNING No.2020-014
TRACT 4 PARCEL 1
POINT OF
COMMENCEMENT
NW'LY CORNER PARCEL 1
PARTITION PLAT NO.2020-014
NORTH
l ' 7-M: —
SCALE:1"=-2c'
EXHIBIT MAP DATE: 24 MAY 2022
i11 SW FlRh Ave.,Suuez400 CITY-HALL-TL-251020B200-ICE DRAWN BY: CMR.
Portland,OR 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD
O 503.227.3251
F:503.274.4651 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
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g CITY OF TIGARD./WASHINGTON COUNTY/OREGON SHEET: 3 OF 5
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EXHIBIT MAP DATE: 24 MAY 2022
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Portland,OR 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD
CITY-HALL-TL-2510208200-TCE DRAWN BY: CMR
0:503.227 3251 .......
F:503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
wwwkonmm CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET. 4 OF 5
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CONSTRUCTION EASEMENT eohe��,
AREA=495 SCI.FT. St
SEE SHEET 4
NORTH
SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
1115W FlRh Ave.,Suite 2400 CITY-HALL-TL-25102DB200-ICE DRAWN BY: CMR
Poetand,OR 9 204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD'
0:503.227.3251
F:503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO, 1500087
_koncom CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 5 OF 5