2023-014426 ~ Washington County,Oregon 2023-014426
D-E
Stn=11 C WHITE 04/11/2023 12:41:01 PM
AFTER RECORDING RETURN TO: $30.00$11.00$5.00$60.00 $106.00
I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
City of Tigard County Clerk for Washington County,Oregon,do hereby certify that
the within instrument of writing was received and recorded in the
13125 SW Hall Blvd book of records of said county.
Tigard, OR 97223 Joe Nelson, Director of Assessment and
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 Elite
Care Management Group LLC, 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.
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: 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
Page 2—TEMPORARY CONSTRUCTION EASEMENT
With a copy to: City of Tigard
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:
Elite Care Management Group LLC, City of Tigard,
an Oregon limited liability company an Oregon municipal corporation
By: By:
Name: 2Oe,,- pc. Name: L.--1'67-- i y")
Its: Its: CJS,, /.Loc.A.I
Date: J P7 Z 3/7
Date: c ./fi ,,
STATE OF 1 :.. )
) ss.
County of �IS ! to )
This instrument was acknowledged before me on '' ' / ,20j3by
f/i , as - of
•
� '_�� OFFICIAL STAMP e'
i, '' . }� RENEE DENISE FISHER L- -it`-" , I '''`
I NOTARY PUBLIC-OREGON NO 1 AIR PUBLIC FOR OR G�. d..
coMMISSION No.s88s2a My 'ommission Expires: j
MY COMMISSION EXPIRES JUNE 20,2023 I
STATE OFb r- )
) ss.
County of 2d.. 1t,i i -h )
This instrument was acknowledged before me on 24/-/ J 2023 by
viVev" as Cir27y' — of
61 t 61 IC 1� Ord
�r`
NOTARY PUBLIC FOR OREGON
i+'vOFFICIAL STAMP24..:.7.4..
CAROL ANN KRAGER My Commission Expires:
� °� NOTARY PUBUC-OREGON
:u.' COMMISSION NO.1028802
MY COMMISSION EXPIRES SEPTEMBER 20,2023
Page 4—TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
W-TL-2S 102 BA5100-TCE
TEMPORARY CONSTRUCTION EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION 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:
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 NORTH 16°37'00"EAST 3.66 FEET;THENCE LEAVING
SAID WESTERLY LINE SOUTH 56°11'00"EAST 24.42 FEET;THENCE NORTH 33°49'00" EAST 27.38 FEET;THENCE
SOUTH 56°11'00" EAST 3.64 FEET;THENCE SOUTH 09°55'26" EAST 9.20 FEET;THENCE SOUTH 33°49'00"WEST
20.74 FEET;THENCE SOUTH 56°11'00"EAST 5.53 FEET;THENCE SOUTH 78°33'53"EAST 5.43 FEET;THENCE
SOUTH 40°37'30"WEST 5.60 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 412 SQUARE FEET OR 0.009 ACRES(MORE OR LESS).
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE.
THE PARCEL OF LAND IS 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 1OF2
POINT OF
PARTITION PLAT NO. COMMENCMENT
2013-021
TRACT A NE'LY CORNER TRACT A
PARTITION PLAT NO.2013-021 /
/
/
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TRUE POINT OF 0 ,
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NORTH -1.
IgIff
SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
luswMtn ave.,Suite z40o W-TL-2S102BA5100-TCE DRAWN BY: CMR
Portland,OR 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD
0:503.227.3251
a
F:003.274.651 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.Rageom
CITY OF TIGARD/WASHINGTON COUNTY/OREGON s SHEET: 2 OF 2