2023-014429 ~ Washington County,Oregon 2023-014429
D-E
Stn=11 C WHITE 04/11/2023 12:41:18 PM
$55.00$11.00$5.00$60.00 $131.00
I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk for Washington County,Oregon,do hereby certify that
the within instrument of writing was received and recorded in the
book of records of said county.
Joe Nelson, Director of Assessment and
Taxation, Ex-Officio County Clerk
RETURN TO: City of Tigard
13125 SW Hall Blvd.
Tigard, OR, 97223
Project: Fanno Creek Trail— SPL 20-002905
Tax Lot No.: 501
Square Feet: 21,700
EASEMENT FOR WATER QUALITY PRESERVATION AND
STORM AND SURFACE WATER DRAINAGE
GRANTOR'S NAME: BAS Properties LLC
ADDRESS: 9740 SW Tigard Street. Tigard. OR 97223
GRANTOR, owner of the property described herein,has the authority and does hereby grant, convey and
warrant unto City of Tigard, GRANTEE, a non-exclusive perpetual easement in gross to use the real
property identified as Parcel 2, as described and depicted in Exhibit A attached hereto and by this reference
incorporated herein(Easement Area) for water quality preservation and storm and surface water drainage.
This easement includes the right to construct and perpetually maintain storm and surface water drainage and
water quality facilities (including vegetation)through, under, and along the Easement Area. This easement
includes the right to access the above-described easement over and across the land of the GRANTOR for
the purpose of maintenance of the easement and facilities therein. This easement shall run with the land and
shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors and assigns.
GRANTEE shall not have any responsibility for pre-existing environmental contamination or for
environmental contamination caused by GRANTOR or any third party of the Easement Area.
Any temporary easement granted hereby is automatically extinguished upon acceptance of the completed
public facilities in the adjacent permanent easement.
The consideration for this grant is$1300.00.
Additional terms and conditions set forth below are hereby agreed to and binding upon the parties to this
easement:
1. No structure shall be erected on the Easement Area without the written consent of the GRANTEE.
2. One purpose of this easement shall be to preserve water quality by maintaining native vegetation
and habitat conditions within the Easement Area. GRANTOR agrees that any vegetation planted
by GRANTEE within the Easement Area shall not be removed, destroyed, mowed, altered or
sprayed with biocides. GRANTOR may make additional plantings of Oregon native species
within the Easement Area and may prune planted vegetation with approval of GRANTEE.
3. GRANTOR agrees that there shall be no filling, excavating or dredging; no removal of topsoil,
sand, gravel, rock,minerals or other materials, nor any dumping of ashes, trash, garbage, or of
any other material, and no changing of the grade or topography of the Easement Area in any manner
unless authorized by GRANTEE.
Page 1—Easement for Water Quality Preservation and Storm and Surface Water Drainage
unless authorized by GRANTEE.
4. GRANTOR agrees that there shall be no damming, dredging or other activities that may be
detrimental to water quality within the Easement Area. The scope of this easement includes
GRANTEE'S right to remove any barrier to natural creek flow within the Easement Area that may
cause flooding of structures subject to the terms of necessary federal, state and local permits.
GRANTOR agrees that any activities within the Easement Area which are, in the opinion of the
GRANTEE, inconsistent with preserving the natural condition of the Easement Area are
prohibited and may be subject to enforcement action.
5. GRANTEE shall take action to enforce the terms of this easement. Enforcement shall include
abatement of any prohibited condition or activity within the Easement Area by all means provided
under Clean Water Services' Ordinances and Resolution and Orders, and federal and state laws.
6. GRANTEE and its contractors shall confine construction operations to within the Easement Area
or make special arrangements with GRANTOR if additional area or access is required.
7. During the time that work is in progress, GRANTEE and GRANTEE'S contractor shall make
every effort to maintain the site in a neat and orderly condition. All refuse, excess fill material,
etc., shall be removed as soon as practicable. Should the site not be maintained in satisfactory
condition, GRANTEE may cause the work to stop until the cleanup portion of the work has been
done to the satisfaction of GRANTOR and GRANTEE.
This document may be executed in several counterparts, each of which will be an original, all of which will
constitute one and the same instrument. An electronic signature will be considered an original. The
individuals signing this document certify that they are authorized to execute this document on behalf of the
respective parties. Without limiting the forgoing, GRANTOR acknowledges that GRANTEE's rights
under this Easement are assignable and that GRANTOR hereby consents to GRANTEE's assignment of all
of its right, title, and interest and its delegation of all of its obligations created under this Easement. Upon
any such assignment, GRANTEE shall be forever released and discharged from any and all claims,
demands, and damages which GRANTOR may have,make, or suffer as a result of anything done or
occurring after the date of such assignment.Nothing contained in this paragraph, however, shall in any way
be construed as releasing GRANTEE's successors and assigns from any obligations to GRANTOR created
by this Easement.
INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Grantor(Individual) _-
(Entity name)
Date
—
(Sign here for entity)
Grantor(Individual) Title:
Date:
Date
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED
By: /
City Tigard
Ti and
NOTARIZE DOCUMENT BELOW
STATE OF 0 rei .,•,_ )
County of �,CAC, c S )
This instrument was acknowledged before me on5-I(G Z (date)
by '4--- Ctn r (name of person) as
t, '4 .y (title)of I.,G s EKY . %r,- .'c 1 C (name of entity).
4
❑ [Check if applicable] The notarial act was performed using communication technology.
OFFICIAL STAMP J
BROOKE ELIZABETH BRAGG
NOTARY PUBLIC-OREGON
}
r; COMMISSION NO.1008021 {
,
MY COMMISSION EXPIRES JANUARY 24 2025
ltary Public =
F
/
. : , ,E,,
f
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
unless authorized by GRANTEE.
4. GRANTOR agrees that there shall be no damming, dredging or other activities that may be
detrimental to water quality within the Easement Area. The scope of this easement includes
GRANTEE'S right to remove any barrier to natural creek flow within the Easement Area that may
cause flooding of structures subject to the terms of necessary federal, state and local permits.
GRANTOR agrees that any activities within the Easement Area which are, in the opinion of the
GRANTEE, inconsistent with preserving._the natural condition of the Easement Area are
prohibited and may be subject to enforcement action.
5. GRANTEE shall take action to enforce the terms of this easement. Enforcement shall include
abatement of any prohibited condition or activity within the Easement Area by all means provided
under Clean Water Services' Ordinances and Resolution and Orders, and federal and state laws.
6. GRANTEE and its contractors shall confine construction operations to within the Easement Area
or make special arrangements with GRANTOR if additional area or access is required.
7. During the time that work is in progress, GRANTEE and GRANTEE'S contractor shall make
every effort to maintain the site in a neat and orderly condition. All refuse, excess fill material,
etc., shall be removed as soon as practicable. Should the site not be maintained in satisfactory
condition, GRANTEE may cause the work to stop until the cleanup portion of the work has been
done to the satisfaction of GRANTOR and GRANTEE.
This document may be executed in several counterparts, each of which will be an original, all of which will
constitute one and the same instrument. An electronic signature will be considered an original. The
individuals signing this document certify that they are authorized to execute this document on behalf of the
respective parties. Without limiting the forgoing, GRANTOR acknowledges that GRANTEE's rights
under this Easement are assignable and that GRANTOR hereby consents to GRANTEE's assignment of all
of its right, title, and interest and its delegation of all of its obligations created under this Easement. Upon
any such assignment, GRANTEE shall be forever released and discharged from any and all claims,
demands, and damages which GRANTOR may have,make, or suffer as a result of anything done or
occurring after the date of such assignment. Nothing contained in this paragraph, however, shall in any way
be construed as releasing GRANTEE's successors and assigns from any obligations to GRANTOR created
by this Easement.
INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Grantor(Individual) ?co,
(Entity name)
Date
B
Y'
(Sign here for entity)
Grantor(Individual) Title:
Date:
Date
_ m.
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED
By:
City of Tigard
NOTARIZE DOCUMENT BELOW
STATE OF ( : )
County of L, yvta5 )
This instrument was ac owledged before me on - S�Cir'C3 (date)
by v`-e., M.. 5 0,:----e-r- (name of person)as
.i..... '"_e e (title) of ,o.S i I ' I. a RC (name of entity).
❑ [Check if applicable] The notarial act was perforn ed using communication technology.
OFFICIAL STAMP
BROOKE ELIZABETH BRAGG
NOTARY U -OF=(ON
COMOTAMISSION PNC O.1008021R
: '
MY COMMISSION EXPIRES JANUARY 24,9025 ` NOtary Public y" "
e"
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
unless authorized by GRANTEE.
4. GRANTOR agrees that there shall be no damming, dredging or other activities that may be
detrimental to water quality within the Easement Area. The scope of this easement includes
GRANTEE'S right to remove any barrier to natural creek flow within the Easement Area that may
cause flooding of structures subject to the terms of necessary federal, state and local permits.
GRANTOR agrees that any activities within the Easement Area which are, in the opinion of the
GRANTEE, inconsistent with preserving the natural condition of the Easement Area are
prohibited and may be subject to enforcement action.
5. GRANTEE shall take action to enforce the terms of this easement. Enforcement shall include
abatement of any prohibited condition or activity within the Easement Area by all means provided
under Clean Water Services' Ordinances and Resolution and Orders, and federal and state laws.
6. GRANTEE and its contractors shall confine construction operations to within the Easement Area
or make special arrangements with GRANTOR if additional area or access is required.
7. During the time that work is in progress, GRANTEE and GRANTEE'S contractor shall make
every effort to maintain the site in a neat and orderly condition. All refuse, excess fill material,
etc., shall be removed as soon as practicable. Should the site not be maintained in satisfactory
condition, GRANTEE may cause the work to stop until the cleanup portion of the work has been
done to the satisfaction of GRANTOR and GRANTEE.
This document may be executed in several counterparts, each of which will be an original, all of which will
constitute one and the same instrument. An electronic signature will be considered an original. The
individuals signing this document certify that they are authorized to execute this document on behalf of the
respective parties. Without limiting the forgoing, GRANTOR acknowledges that GRANTEE's rights
under this Easement are assignable and that GRANTOR hereby consents to GRANTEE's assignment of all
of its right,title, and interest and its delegation of all of its obligations created under this Easement. Upon
any such assignment, GRANTEE shall be forever released and discharged from any and all claims,
demands, and damages which GRANTOR may have,make, or suffer as a result of anything done or
occurring after the date of such assignment. Nothing contained in this paragraph,however, shall in any way
be construed as releasing GRANTEE's successors and assigns from any obligations to GRANTOR created
by this Easement.
INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
R ,
(R°70 fr\rs
Grantor Individual t
l
(Entity name)
Date
By: �
( igr here for entity)
Grantor(Individual) Title:
•
Date tti ��. ; �' -,., . <. \-2S.
Date
•
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED
By:
City of Tigard
NOTARIZE DOCUMENT BELOW
STATE OF .rte )
)
County ofi rnG C,' mac, )
This instrument was acknowledged before me on 41 Ai u Z,3 (date)
by : : = (name of person) as
(title) of - _(name of entity).
❑ [Check if applicable] The notarial act was performed using communication technology.
f
rFy OFFICIAL; TAMP
BROOKE ELIZABETH BRAGG Notary Public
NOTARY PUBLIC-OREGON
th F COMMISSION NO,1008021
MY COMMISSION EXPIRES JANUARY 24,2025
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
W-TL-2S102BA501-VEG-CORR
WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF LOT 60,AMENDED PLAT OF NORTH TIGARDVILLE ADDITION,
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 TRACT A, PARTITION PLAT NUMBER 2013-021,
WASHINGTON COUNTY PLAT RECORDS,SAID COMMENCEMENT POINT BEING A POINT ON THE EASTERLY LINE
OF SAID LOT 60;THENCE ALONG THE NORTHERLY LINE OF SAID TRACT SOUTH 16°37'00"WEST 18.31 FEET;
THENCE SOUTH 39°13'40"WEST 55.08 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 06°07'47"
EAST 32.67 FEET;THENCE SOUTH 73°47'47"WEST 11.40 FEET;THENCE SOUTH 63°36'18"WEST 28.28 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 70°56'36"
EAST;THENCE ALONG THE ARC OF A 65.65 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY THROUGH A
CENTRAL ANGLE OF 45°49'13" (THE LONG CHORD OF WHICH BEARS NORTH 03°51'12"WEST 51.11 FEET)AN
ARC DISTANCE OF 161.19 FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 63°14'11" EAST;THENCE SOUTH 85°38'22" EAST 36.34 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,329 SQUARE FEET OR 0.030 ACRES(MORE OR LESS).
PARCEL 2:
COMMENCING AT SAID NORTHEASTERLY CORNER OF TRACT A;THENCE ALONG SAID NORTHERLY LINE OF SAID
TRACT SOUTH 16°37'00"WEST 18.31 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG
SAID NORTHERLY LINE SOUTH 16°37'00"WEST 138.50 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH
61°03'01"WEST 51.07 FEET;THENCE SOUTH 67°44'43"WEST 28.80 FEET;THENCE SOUTH 50°52'33"WEST 18.15
FEET;THENCE SOUTH 62°24'19"WEST 27.87 FEET;THENCE SOUTH 84°59'13"WEST 12.50 FEET;THENCE NORTH
73°58'38"WEST 22.58 FEET;THENCE NORTH 55°44'50"WEST 34.23 FEET;THENCE NORTH 43°59'15"EAST 19.29
FEET;THENCE NORTH 35°11'15" EAST 32.42 FEET;THENCE NORTH 14°37'04" EAST 10.73 FEET;THENCE NORTH
41°43'32" EAST 4.82 FEET TO SAID NORTHERLY LINE;THENCE ALONG SAID NORTHERLY LINE NORTH 52°37'30"
EAST 16.82 FEET;THENCE NORTH 32°37'30" EAST 14.36 FEET;THENCE SOUTH 71°14'31" EAST 18.14 FEET;
THENCE NORTH 51°04'41" EAST 18.15 FEET;THENCE NORTH 29°14'08" EAST 16.03 FEET;THENCE NORTH
03°18'16"WEST 7.22 FEET;THENCE NORTH 46°31'42"WEST 19.37 FEET;THENCE NORTH 01°37'30" EAST 35.35
FEET;THENCE NORTH 27°22'30" WEST 22.50 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 76°30'48"
EAST 1.23 FEET;THENCE NORTH 39°21'57" EAST 16.43 FEET;THENCE SOUTH 80°50'50" EAST 23.96 FEET;
THENCE SOUTH 87°02'17" EAST 49.14 FEET;THENCE SOUTH 83°25'10" EAST 37.47 FEET;THENCE SOUTH
71°11'34" EAST 17.12 FEET TO SAID NORTHERLY LINE AND THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN THE ABOVE DESCRIBED PARCEL 1.
CONTAINING 21,700 SQUARE FEET OR 0.498 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
EXPIRES 12/31/23
PAGE 2 OF 3
DETAIL'A' /
1"=10'
S 76°30'48" E , ' `fir
1.23' R , ,f LOT 60
DOC.NO.99027431
AMENDED PLAT OF POINT OF
NORTH TIGARDVILLE COMMENCEMENT
ADDITION NE'LY CORNER TRACT A
N 39°21'$7° E PARTITION PLAT NO.2013-021
16.43' S 80°50'50" E S 71°11'34" E
23.96' 17.12'
" S 83°25'10"5870217 E
SEE DETAIL'A' ` 49.14' ° E
N 27°22'30"W 37.47'
22.50' f
N 46°31'42"W L r�/ r -' // S 16`37'00"W
// .r TRUE POINT/ / , f 18.31'
N 03°18'16"W W -1„/l/ OF BEGINNING// .. /�
PARCEL 1, r/ /� TRUE POINT
7.221 M_ ,f //// // f =,�/4). OF BEGINNING
N 29°14'08" E PARCEL 1/ ° ,/
16.03' M N AREA=1,329 SQ.FT. 5 85 3$22"Er PARCEL 2
N 51°04'41" E C nn f , „t) j- 1 36.3 '7 O
18.15' z N631Pp\/.' 1111P.,, ,'/ �-
S 71°14'31". E / \R./"/nl,r+ ,,a M
18.14' Illiwilabh i` D"c�i'u`�►rlAio,
�.N ~ PARTITION PLAT
N 32°37'30" E f'o�'a r^ `/� .' NO. 2013-021
14.36' ./r r4'op LI
,<, vl C) TRACT A
. 11 11 `Cf
N 52°37'30" E /-4. s ,_�
16.82' -',/,/////1/240:!://///// (L, 6 F7`c r ../19s/3../ti.:::::/
�6,s5S/ f y
N 4104311362'8.2E'
43 32 E S fn3 ,Lq/2 .r -',
4.82' r' f /�� ' .f
N 14°37'04" E r r f // // S 73°47'47" W
10.73' ' , � ' ,/ f 11.40' /.
/ f
�. f
ti ti ,// PARCEL 2 �f `////
�4-ry ' r / AREA=21,700 r / r �lV
1 / I
f SQ.FT. rf f „..01.,,,,/v
,y ti� : / '` ,,' f/ 5 51 P
�C� 1 !/� ' fir' S 67°44'43"W ��oi.-,k *b44-'-
�sr'st '' rf 28.80 ���y��P Ve /
3q qv, S 50°52'33"W oJc�S���P Q'��0�=P ,<4
?S, S 62°24'918.1 W e 0 C) 00,••c.7
1 N 73°58'38" W alli27.87 / y�y(9c,���
\22.58' C)4Qo�
S 84°59'13"W (� /
12.50' i ��4
O _ _
44,
\CL-CP/Y.
=NORTH
SCALE:1"=40'
EXHIBIT MAP DATE: 24 MAY 2022
1115W FlRh Ave.,Suite 2400
W-TL-2S102BA501-VEG-CORR DRAWN BY: CMR
Portland,OR 97204 EASEMENT CHECKED BY: JRD''..
0:503.227.3251
F:503.27a.4581 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.knff.rom CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 3