2023-014428 ~ RETURN TO: City of Tigard Washington County,Oregon 2023-014428
D-E
13125 SW Hall Blvd. Stn=6 M FERNANDES 04/11/2023 12:41:18 PM
Tigard, OR, 97223 $35.00$11.00$5.00$60.00 $111.00
I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk for Washington County,Oregon,do hereby certify that
Project: Fanno Creek Trail—SPL 20-002905 the within instrument of writing was received and recorded in the
book of records of said county.
Square Feet: 12,427
Joe Nelson, Director of Assessment and
Tax Lot No.: 5100 Taxation, Ex-Officio County Clerk
EASE NT FOR WATER QUALITY PRESERVATION AND
STO ' D SURFACE WATER D ' NAGE
G' TOR'S NAME: Elite Care Management Group LLC. an Oregon limited liability company•
I DRESS: No Situs. Tig,ard. OR 97223
G' A TOR, owner of the property described herein, has the authority and does hereby grant, convey and
warrant unto City of Tigard, G' A TEE, a non-exclusive perpetual easement in gross to use the real
property described 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 G •NTOR 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
G' A NTOR 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$680.00.
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 G' •NTEE.
2. One purpose of this easement shall be to preserve water quality by maintaining native vegetation
and habitat conditions within the Easement Area. G' A TOR agrees that any vegetation planted
by G' A TEE within the Easement Area shall not be removed, destroyed, mowed, altered or
sprayed with biocides. G' • TOR may make additional plantings of Oregon native species
within the Easement Area and may prune planted vegetation with approval of GRANTEE.
3. G' A TOR 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
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 G TORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Grantor(Individ ift
47e
3/17/ 13 (Entity name)
Date
By:
ign here for entity)
Grantor(Individual) Title: OC/4"
Date: g Z
/ 73
Date (
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED
By: S ` . .._
City of Tigard
.- t IL 10.®
NOTARIZE DOCUMENT BELOW
STATE OF )
)
County of p .�' )
This instrument was acknowledged before me on /7 (date)
by l 1 l . ,F (name of person as L
(title) of l / . , , (n e of entity).
i
0 [Check if applicable] The notarial act was performed using communication technology.
�,:� OFFICIAL STAMP
t
�
RENEE DENISE FISHER
gNote ublic
• a NOTARY PUBLIC-OREGON i
COMMISSION NO.988624
MY COMMISSION EXPIRES JUNE 20,2023
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
W-TL-2S102 BA5100-VEG-CORR
WATER QUALITY PRESERVATION AND STORM&SURFACE WATER DRAINAGE 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 SOUTH 72°11'40"WEST 125.07
FEET TO THE NORTHERLY LINE OF SAID TRACT A AND THE TRUE POINT OF BEGINNING;THENCE ALONG SAID
NORTHERLY LINE SOUTH 16°37'00"WEST 42.07 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 55°56'49"
EAST 20.98 FEET;THENCE NORTH 74°51'48"EAST 20.17 FEET;THENCE SOUTH 28°13'22"EAST 12.10 FEET;
THENCE SOUTH 32°10'46"WEST 17.10 FEET TO A POINT ON THE SOUTHERLY LINE 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 LEAVING SAID SOUTHERLY LINE SOUTH
53°14'19"EAST 3.42 FEET;THENCE NORTH 24°04'45"EAST 16.57 FEET;THENCE NORTH 10°23'14"WEST 11.45
FEET;THENCE NORTH 38°35'39"WEST 18.08 FEET;THENCE NORTH 02°51'55"WEST 6.70 FEET;THENCE NORTH
45°01'27" EAST 12.07 FEET;THENCE SOUTH 67°46'03"EAST 13.00 FEET;THENCE NORTH 14°31'34" EAST 14.30
FEET;THENCE NORTH 09°55'26"WEST 18.61 FEET;THENCE SOUTH 80°04'34"WEST 10.10 FEET;THENCE SOUTH
56°19'00"WEST 23.58 FEET;THENCE NORTH 56°11'00"WEST 10.41 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1,874 SQUARE FEET OR 0.043 ACRES(MORE OR LESS).
PARCEL 2:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID TRACT A;THENCE SOUTH 85°12'30"WEST 227.16
FEET TO THE NORTHERLY LINE OF SAID TRACT A AND THE TRUE POINT OF BEGINNING;THENCE ALONG SAID
NORTHERLY LINE NORTH 01°37'30"EAST 35.35 FEET;THENCE NORTH 27°23'05"WEST 22.50 FEET;THENCE
LEAVING SAID NORTHERLY LINE NORTH 76°30'48"WEST 1.24 FEET;THENCE SOUTH 27°15'30"EAST 12.36 FEET;
THENCE NORTH 88°56'38"WEST 40.31 FEET;THENCE NORTH 47°40'54"WEST 37.06 FEET;THENCE NORTH
79°05'34"WEST 75.21 FEET;THENCE SOUTH 51°08'38"WEST 13.35 FEET;THENCE SOUTH 44°59'05"WEST 34.47
FEET;THENCE SOUTH 23°46'41"WEST 21.99 FEET;THENCE SOUTH 22°12'57" EAST 8.17 FEET;THENCE SOUTH
05°02'37"WEST 40.50 FEET;THENCE SOUTH 87°32'51"EAST 21.52 FEET;THENCE NORTH 77°26'33"EAST 29.94
FEET;THENCE NORTH 05°10'00" EAST 32.72 FEET;THENCE NORTH 41°43'59" EAST 29.12 FEET;THENCE NORTH
84°33'53" EAST 29.55 FEET;THENCE SOUTH 69°39'30"EAST 10.78 FEET;THENCE SOUTH 42°26'36" EAST 27.70
FEET;THENCE SOUTH 51°45'18"EAST 7.19 FEET;THENCE SOUTH 26°17'44"WEST 16.54 FEET;THENCE SOUTH
46°04'06"WEST 19.40 FEET;THENCE SOUTH 82°19'38"EAST 23.09 FEET;THENCE NORTH 86°40'08" EAST 22.06
FEET;THENCE SOUTH 52°42'15" EAST 15.78 FEET;THENCE NORTH 25°22'08" EAST 29.31 FEET;THENCE SOUTH
46°31'42" EAST 6.75 FEET TO SAID NORTHERLY LINE AND THE TRUE POINT OF BEGINNING.
CONTAINING 10,553 SQUARE FEET OR 0.242 ACRES(MORE OR LESS).
PAGE 1 OF 4
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 4
AMENDED PLAT OF NORTH POINT OF
11GARDV1LLE ADDITION
COMMENCEMENT
LOT 60 NE LV CORNER TRACT A
DOC. NO. 99027431 PARTITION PLAT NO.2013-021 .---
...._ -- A-- ----
TRUE POINT OF
---
BEGINNING
512 ---"a-. PARTITION PLAT NO.
PARCEL 1 .-- ...---
2013-021
5°11'00"W
TRACT A
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, 5# 1,S N 09°5526"W
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— AREA—1,874 SQ.FT
'- 4 14.30'
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SCALE:1°=20'
EXHIBIT MAP DATE: 24 MAY 2022
W-TL-25102BA5100-VEG-CORR DRAWN BY: CMR
111 SW Fifth Ave.,Suite 2400
Portland,OR 97204 EASEMENT CHECKED BY: JRD
0:503 227 3251
F:503 274.4681 NW 1/4SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
,www.koff.com
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 4
N, L7
cf
N., POINT OF
SEE DETAIL'A' COMMENCEMENT
f : , NE'LY CORNER TRACT A
p / ,�, `4 / PARTITION PLAT NO.2013-021
AREA=10,553/ / / L20 . sg. ! PARTITION PLAT
4,y L2 SQ. NO.2013 021
�; " J/
4 e TRACT A
.44° V 7L-----TRUE POINT OF
L13 X14 PAR ITION PLT LZ'3 L24 ,e, i BEGINNING PARCEL 1
1
TRACT A L27 N 79°49'06"
109.01'
TRUE POINT OF
BEGINNING
PARCEL 2
LIN E TABLE DETAIL'A'
SCALE 1"=10'
LINE# DIRECTIONLENGTH LINE# DIRECTIONLENGTH
Ll N01°37'30"E 35.35 115 N05°10'00"E 32.72
Ili
L2 N27°22'30"W 22.50 L16 N41°43'59"E 29.12
Nt
L3 N76°30°48"W 1.24 L17 N °33'53'°E 29.55
t•Ne..3
L4 527°15'30"E 1236 118 569°39'30'°E 10.78
LS N88°56'38"W 40.31 L19 2°26'36"E 27.70
L6 N47°40'54"W 37.06 L20 S51°45°18"E 7.19 / / '±
L7 N79°05'34"W 75.21 L21 526°17'44"W 16.54
L8 551°08'38"W 13.35 L22 546°04°06"W 19.40
L9 S44°59'05"W 34.47 L23 582°19'38"E 23.09
L10 523°46'41"W 21.99 124 N86°40'08"E 22.06
L11 522°12'57"E 8.17 L25 552°42°15"E 15.78
L12 505°02'37"W 40.50 L26 N25°22°08"E 29.31
L13 587°32'51"E 21.52 L27 S46°31'42"E 6.75
L14 N77°26'33"E 29.94
NORTH 7
SCALE:1°'=50'
.1. ff ''''.11-1"'-
EXHIBIT
DATE: 24 MAY 2022.
111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA5100-VEG-CORK DRAWN BY: CMR
Portland,OR 87204 .. EASEMENT CHECKED BY: JRD
0:503.227.3251 ......... _ __ _.
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
w.mv.xegrnm CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4