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2023-017770 ~ 16745 SW 85th Ave ~ 16870 SW 85th Ave Washington County,Oregon 2023-017770 D-E Stn=6 M FERNANDES 05/02/2023 09:54:08 AM $85.00$11.00$5.00$60.00 $161.00 AFTER RECORDING RETURN TO: I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio County Clerk for Washington County,Oregon,do hereby certify that City of Tigard the within instrument of writing was received and recorded in the said county. book of records oe Nelson, Director of Assessment and 13125 S W Hall Blvd 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. TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement ("Easement") is by and between Clean Water Services, which acquired title as Unified Sewerage Agency of Washington County ("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. Grantor, owner of the property described herein, hereby grants to Grantee, its successors and assigns, and Grantee hereby accepts, a temporary construction easement, on, across, under,over and through that certain portion of Grantor's property described and depicted on Exhibit"A", attached hereto and incorporated herein (the "Easement Area"), relating to tax lots 100 North, 100 South, and 600. 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. Grantee and its agents, employees, officers, consultants, contractors, subcontractors and other persons entering the Easement Area under the express or implied invitation or consent of Grantee(each a"Grantee Party") shall have the right to access, enter upon, and use the Easement Area for planning and construction activities related to the Fanno Creek Trail ("Trail"): Woodard Park-Bonita Rd./85th Ave-Tualatin Br. Project. Grantee and any Grantee Party may remove trees, shrubs, brush, and other improvements within the Easement Area identified on Plans previously approved by Grantor or upon obtaining Grantor's prior written consent. 5. Non-Exclusive Grant. Grantor reserves the right to use the Easement Area for any purpose that is not inconsistent with Grantee's permitted uses of the Easement Area, in accordance with the other terms of this Easement. 6. Repair. Grantee shall promptly repair at its expense any damage to the Easement Area or property Page 1—TEMPORARY CONSTRUCTION EASEMENT caused by Grantee or any Grantee Party. Upon completion of construction Grantee shall promptly restore the Easement Area to the condition it was in immediately prior to construction, except as noted on Plans previously approved by Grantor. 7. Access. Grantee shall provide immediate access to Grantor, its employees, agents and contractors to investigate suspected damage to existing infrastructure and perform work within the Easement Area if needed to repair existing infrastructure. Grantee will also provide access to Grantor, its employees, agents and contractors to perform routine maintenance and operation on existing infrastructure within the Easement Area. 8. Maintenance. During the term of the Easement, Grantee shall maintain the Easement Area, at its sole cost and expense, in a safe and workmanlike manner at all times. Grantee shall comply with all local, state,and federal rules, laws, ordinances, and requirements regarding its maintenance and use of the Easement Area and shall obtain any and all required permits and licenses at its sole cost and expense. 9. Indemnification. Subject to Oregon law, including but not limited to the Oregon Tort Claims Act and the Oregon Constitution, Grantee shall indemnify, defend, and hold harmless Grantor, its officers, agents and employees from and against any injury, expense, including attorney fees, damage, liability, or claim that arises from: 1) any act or omission of Grantee or any Grantee Party, or Grantee's or Grantee Party's use of the Easement Area; 2) work performed by Grantor, its employees, agents or contractors in gaining access to and constructing, operating, maintaining, repairing or replacing Grantor's improvements within the Easement Area except to the extent caused by the negligent acts or willful misconduct of Grantor or any agent, employee or officer of Grantor; or 3) any use of the Easement Area by any members of the public. 10. Insurance. During the term of this Easement, Grantee shall carry, and require its agents and contractors to keep and maintain in force, worker's compensation insurance as required by applicable law, and commercial general liability insurance 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 with coverage limits not less than the applicable limits in the Oregon Tort Claims Act. The coverage shall: (i) be written on an occurrence and not a"claims made"basis; (ii) be endorsed to name Grantor as an additional insured or member; (iii) be primary and noncontributory with any insurance held by Grantor; and (iv) shall be issued by an insurer or an equivalent public entity risk pool licensed and in good standing to issue such insurance in the State of Oregon. 11. Encroachment. Portions of the Trail identified on Exhibit "B"will encroach on Grantor's reuse water line. Encroachment is defined as being within five feet in any direction of the reuse water line. Any encroachment is subject to the following conditions: a. Grantee agrees to reimburse Grantor for all expenses that would not have been incurred, but for the existence of the Trail in the Easement Area. b. Grantee agrees to reimburse Grantor for all expenses incurred due to damage caused by the Trail in the Easement Area. c. Grantee hereby releases, waives, discharges and covenants not to sue Grantor for any and all claims, demands, losses, lost profits, costs, expenses or causes of action arising out of, or connected with Grantee's construction or repair of the Trail in the Easement Area. d. Grantee will submit to Grantor an AutoCAD file of the Record Drawing site survey showing the Page 2—TEMPORARY CONSTRUCTION EASEMENT location of the Trail upon completion of construction by Grantee. e. At Grantor's request, Grantee will perform any construction, maintenance or repair to the Trail located in the Easement Area necessitated by Grantor's need to access and work in the Easement Area. Notwithstanding the foregoing, Grantor will provide as much advance notice to Grantee, as is reasonable and practical, of any activity by Grantor that may result in expenses to be paid by Grantee or any damage to the Trail. Grantee acknowledges that Grantor has no formal notification obligation, and advance notice may not be provided, as in the case of an emergency repair. Said notice is intended to allow good faith coordination between Grantor and Grantee to reduce operational impacts to and costs incurred by both parties, to the maximum extent feasible. 12. 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 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 13 of this Easement. The notice shall provide a detailed statement(s) of the alleged default. If the defaulting party fails to cure the default within ten days from the Delivery Date of the notice (as defined below), or if within such ten day period that party has not begun to cure a matter that cannot reasonably be cured in ten 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 to exercise the remedies provided for in this paragraph. 13. 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 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"). A copy of the notice must also be sent by electronic mail (email). 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: Clean Water Services Attn: Logan Olds and Jeff Hart 2550 SW Hillsboro Hwy Hillsboro, OR 97123 email address: OldsL@CleanWaterServices.org email address: HartJ@C1eanWaterServices.org With a copy to: Clean Water Services Attn: General Counsel 2550 SW Hillsboro Hwy Hillsboro, OR 97123 Page 3—TEMPORARY CONSTRUCTION EASEMENT 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 email address: shelbyr@tigard-or.gov 14. General. This Easement shall run with the land and 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 of the Easement. No third-party beneficiary rights are created by this Easement. Time is of the essence with respect to the performance of the obligations in this Easement. 15. 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. 16. Amendment. This Easement may be amended only by an instrument in writing signed by Grantor and Grantee. 17. 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. 18. Consideration. The consideration for this grant is nonmonetary. Page 4—TEMPORARY CONSTRUCTION EASEMENT GRANTOR: GRANTEE: Clean Water Services City of Tigard, an Oregon muni ipal corporation By: 9/14 ittlBy: ;:� Name: a ,�y 1 Name: STVG reyfr1c- Its: 01°C Gib t. /c L '' Its: 6 t-ry J A - - Date: L .-? Date: gl I /33 Approved As To Form /( j Oc 'c Clean Water Services Counsel STATE OFir ) ncy) ) ss. County of 4` , l This instrument was acknowledged before me o w , 2023, by 27',p1-\ Cl/A l i as t1a t k Ltit-N3of e i-f tql SerVi(e eta- . o ire,-- 9 a, - , „ ,„,„ ,)Fn CIAL STAMP�A � NOTA' PUBLIC FOR OREGON 1® � �� 3,,0����� "�°a�i=�® �� My Commission Expires: ts 2 COMMi SSD 1 ;'(•,:i;,;1IA MY COMMISSION EXP AES NO EM024 STATE OF OREGON ) ) ss. County of Washington ) This ins rument was acknowledged before me on 7 4 1 , 2023, by jt,ie-- , yJ1i er" as Zli I, /24 — of the City of Tigard,an Oregon municipal corporation. ç .)> t3NOTARY PUBLICREONQ�'1� COMMISSION NO.1028802 My Commission Expires: MY COMMISSION EXPIRES SEPTEMBER 20,26 i Page 5—TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A D.P-TL-2S 114A D 100-NORTH-TCE TEMPORARY CONSTRUCTION EASEMENT JOB NO. 1500087 24 MAY 2022 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT(TRACT 1 AND TRACT 2) TWO TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED IN STATUTORY WARRANTY DEED TO THE UNIFIED SEWERAGE AGENCY(NOW KNOWN AS CLEAN WATER SERVICES) OF WASHINGTON COUNTY, IN DOCUMENT NUMBER 96080099,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 14,SAID POINT BEARS NORTH 00°01'10"WEST 397.70 FEET FROM THE QUARTER CORNER BETWEEN SECTIONS 13 AND 14;THENCE NORTH ALONG SAID EASTERLY LINE NORTH 00°01'10"WEST 30.00 FEET TO THE SOUTHERLY LINE OF THAT PORTION OF LAND CONTAINED IN DOCUMENT NUMBER 8551, BOOK 1158, PAGE 415;THENCE WEST ALONG SAID SOUTHERLY LINE SOUTH 89°58'50" WEST 5.00 FEET;THENCE LEAVING SAID SOUTHERLY LINE PARALLEL WITH SAID EASTERLY LINE SOUTH 00°01'10" EAST 30.00 FEET;THENCE SOUTH 89°58'50" EAST 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 150 SQUARE FEET OR 0.003 ACRES, MORE OR LESS. TRACT 2: BEGINNING AT SAID QUARTER CORNER;THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 14 SOUTH 89°45'29"WEST 34.99 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°16'04" EAST 29.64 FEET; THENCE NORTH 33°29'28" EAST 63.11 FEET TO SAID EASTERLY LINE;THENCE SOUTH ALONG SAID EASTERLY LINE SOUTH 00°01'10" EAST 82.13 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN THE BELOW DESCRIBED TRACT 3. PUBLIC TRAIL EASEMENT(TRACT 3) A TRACT OF LAND BEING A PORTION OF SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID QUARTER CORNER;THENCE ALONG SAID EASTERLY LINE NORTH 00°01'10" WEST 70.34 FEET;THENCE LEAVING SAID EASTERLY LINE SOUTH 25°05'20"WEST 42.59 FEET;THENCE SOUTH 00°08'54" EAST 31.85 FEET TO SAID SOUTHERLY LINE;THENCE ALONG SAID SOUTHERLY LINE NORTH 89°45'29" EAST 18.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,027 SQUARE FEET OR 0.024 ACRES, MORE OR LESS. PAGE 1 OF 3 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. C REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED OREGON MAY 13, 2014 JOHN ROBERT DAVIS 88694 EXPIRES 12/31/23 PAGE 2 OF 3 SW 85TH AVENUE DETAIL'A' 1"=20' $89°58'50" W TRACT 1 5.00' TEMPORARY , - CONSTRUCTION ii♦i O EASEMENT �i♦i� G 150 SQ.FT. ein rel DOC.NO.8551 ♦i♦i� BOOK 1158,PAGE 415 O ♦� O UNIFIED SEWERAGE AGENCY OF ♦♦ ° N 895850 E WASHINGTON COUNTY " O ��♦�� O 5.00 (CLEAN WATER SERVICES) N ♦♦♦♦„ Z POINT OF BEGINNING TRACT 1 SEE DETAIL'A' I L( J TOTAL(TRACT 1+TRACT 2) TEMPORARY CONSTRUCTION SO' EASEMENT AREA 1,177 SQ.FT. O DOC.NO.96080099 o Q N. O UNIFIED SEWERAGE AGENCY OF cn WASHINGTON COUNTY (CLEAN WATER SERVICES) ti 0 TRACT 2 TEMPORARY TRACT 3 4/ CONSTRUCTION PUBLIC EASEMENT TRAIL NW EASEMENT Ct. SECTION 13QUARTER 1,027 SQ.FT. ;v 922 SQ.FT. $;) 1y i CLEAN WATER SERVICES N 00°16'04" E '�i"'��i ` $00°01'10" E -DURHAM FACILITY 29.64' 82.13' •1 13- 2 $89°45'29"W O 34.99' POINT OF BEGINNING TRACT 2 caJ [QUARTER CORNER- SEC.13&SEC.14] NORTH lig3ff SCALE:1"=120' EXHIBIT MAP DATE: 24 MAY 2022 111 SW Fifth Ave.,supe 2400 D.P-TL-2S114AD100-NORTH-TCE DRAWN BY: CMR Portland,OR 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD 0:503.227.3251 F:503.274.4681 NE 1/4 AND SE 1/4 SEC.14/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 ww.koff.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 3 EXHIBIT A D.P-TL-2S114DA100-SOUTH-TCE TEMPORARY CONSTRUCTION EASEMENT JOB NO. 1500087 24 MAY 2022 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT(PARCEL 1) A STRIP OF LAND,VARIABLE IN WIDTH, BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN STATUTORY WARRANTY DEED TO THE UNIFIED SEWERAGE AGENCY(NOW KNOWN AS CLEAN WATER SERVICES)OF WASHINGTON COUNTY, IN DOCUMENT NUMBER 96080099,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14,AND THE SOUTHWEST QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER BETWEEN SAID SECTIONS 13 AND 14;THENCE WEST ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SOUTH 89°45'29"WEST 34.99 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°16'04" WEST 232.30 FEET;THENCE SOUTH 08°39'08"WEST 84.52 FEET;THENCE SOUTH 00°09'48" EAST 574.16 FEET;THENCE SOUTH 43°15'09" WEST 46.57 FEET;THENCE SOUTH 00°00'00" EAST 37.40 FEET;THENCE SOUTH 50°19'27" EAST 30.25 FEET TO THE BEGINNING OF A NON- TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 66°33'40" WEST;THENCE ALONG THE ARC OF A 54.49 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 62°27'37" (THE LONG CHORD OF WHICH BEARS NORTH 54°40'09" EAST 56.50 FEET)AN ARC DISTANCE OF 59.40 FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 04°06'03"WEST;THENCE NORTH 00°08'56"WEST 483.45 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88°08'30" WEST;THENCE ALONG THE ARC OF A 1570.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 10°13'10" (THE LONG CHORD OF WHICH BEARS NORTH 06°58'05" EAST 279.66 FEET)AN ARC DISTANCE OF 280.03 FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 77°55'20"WEST;THENCE NORTH 00°08'54"WEST 185.25 FEET;THENCE SOUTH 89°34'36"WEST 10.00 FEET;THENCE NORTH 00°08'54" WEST 2.00 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13;THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°34'36"WEST 12.50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN THE BELOW DESCRIBED PARCEL 2. PUBLIC TRAIL EASEMENT(PARCEL 2) A STRIP OF LAND,VARIABLE IN WIDTH, BEING A PORTION OF SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER BETWEEN SAID SECTIONS 13 AND 14;THENCE ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SOUTH 89°45'29"WEST 18.00 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°08'54" EAST 222.40 FEET;THENCE SOUTH 10°23'41"WEST 63.73 FEET; THENCE NORTH 81°20'52" WEST 10.00 FEET;THENCE SOUTH 08°39'08"WEST 40.00 FEET;THENCE SOUTH 81°20'52" EAST 10.00 FEET;THENCE SOUTH 08°39'08"WEST 90.22 FEET;THENCE SOUTH 00°09'48" EAST 228.05 FEET;THENCE SOUTH 05°24'03" EAST 54.77 FEET;THENCE SOUTH 00°09'48" EAST 196.07 FEET;THENCE SOUTH 43°39'53"WEST 37.71 FEET TO THE BEGINNING OF A TANGENT CURVE;THENCE ALONG THE ARC OF A 35.00 PAGE 1 OF 3 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 115°02'49" (THE LONG CHORD OF WHICH BEARS SOUTH 13°51'31" EAST 59.05 FEET)AN ARC DISTANCE OF 70.28 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62°18'20"WEST; THENCE ALONG THE ARC OF A 54.49 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 55°46'30" (THE LONG CHORD OF WHICH BEARS NORTH 55°34'55" EAST 50.97 FEET)AN ARC DISTANCE OF 53.04 FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 06°31'50"WEST;THENCE NORTH 00009'48"WEST 251.95 FEET;THENCE NORTH 05°24'03"WEST 54.77 FEET; THENCE NORTH 00°09'48" WEST 225.74 FEET;THENCE NORTH 08°39'08" EAST 127.90 FEET;THENCE NORTH 10°23'41" EAST 68.39 FEET;THENCE NORTH 00°08'54"WEST 222.51 FEET TO THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION 13;THENCE ALONG SAID NORTHERLY LINE SOUTH 89°34'36"WEST 12.50 FEET TO THE POINT OF BEGINNING. CONTAINING 12,926 SQUARE FEET OR 0.297 ACRES, MORE OR LESS. THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE. THE STRIPS 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 f EXPIRES 12/31/23 PAGE 2 OF 3 I So, SEE DETAIL'A' - ,14 13 POINT OF BEGINNING ►�� ,F [QUARTER CORNER- %i ►i rill 00°08'54" W SEC.13&SEC.14] j�4, -` ►� 187.25 PARCEL 1 TEMPORARY m ►. i 55 CONSTRUCTION EASEMENT c N ►•� 12,926 SQ. FT. VI ►� 1, PARCEL 2 ►�• '► PUBLIC TRAIL EAS MEQ. T. :••31 • i �N.-- 520"W,205 (RqD) S 08°39'08" W %/ 84.52' •�%; L=280.03' R=1570.00' i. i A=10°13'10" •DOC.NO.96080099 ¢ CHD=N06°58'05"E w 279.66' UNIFIED SEWERAGE AGENCY OF ' I-- WASHINGTON COUNTY 0 SW QUARTER (CLEAN WATER SERVICES) i14 2 SECTION 13 4 • N 88'08'30"W (RAD) io `"I i 0 DETAIL'A' H 1"=20' DI 1 (9 z S 89°45'29" W 34.99' 4 J w C ��'-,-'-'_'- ���- 14 13 mg 4iz !•••••••••••••••••4 T•09' 4 'Cr k m M 'POINT OF BEGINNING 0���•�•4 N 01_ i N '••••.n". A ��••• 1 VI P- -► M j•••j••••[QUARTER CORNER * •Q• ••• 1-1 opN .4j O , jo. •• -SEC.13&SEC.14] ••O V) ••••♦ 89°34'36" �•••• �.•�•�•�•�• 5 W 4 ����4 er Cr: 00.001250 ����0� " 3 4I•*•*•*•*•N00°08'54"W •�0*••�•l Bo ° •••�•4�•�•i i i4 ;2.00' ♦••••4 o o �•••••••♦ * •�•�•4 ° 0 •+••••• QO o cn : . S 89°34'36"W iiiii E . •••1 10.00' �•�•�•.•�. z j' z S 43°15'09"W L=59.40' 46.57' R=54.49' --------7----_ S 00°00'00" E A=62°27'37" __ 37.40' CHD=N54°40'09"E -- NORTH 56.50' 1 crS 50°1930.25'iff N663340 N04"06'03"W _ SCALE:1"=120' ��D►V (RAD) EXHIBIT MAP DATE: 24MAY2022 111 SW Fifth Ave.,Suite 2400 D.P-TL-2S114DA100-SOUTH-TCE DRAWN BY: CMR Portland,0R 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD O:503.227 3251 F 503 274 4681 NE 1/4 AND SE 1/4 SEC.14/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 3 EXHIBIT A D.P-TL-2S113B600-TCE TEMPORARY CONSTRUCTION EASEMENT JOB NO. 1500087 24 MAY 2022 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT(PARCEL 1) A STRIP OF LAND,VARIABLE IN WIDTH, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED TO UNIFIED SEWERAGE AGENCY(NOW KNOWN AS CLEAN WATER SERVICES)OF WASHINGTON COUNTY, RECORDED DECEMBER 7, 1971,AT BOOK 849, PAGE 923,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER BETWEEN SAID SECTION 13 AND SECTION 14;THENCE NORTH ALONG THE WESTERLY LINE OF SAID SECTION 13 NORTH 00°01'10"WEST 427.70 FEET;THENCE LEAVING SAID WESTERLY LINE NORTH 09°17'57" EAST 61.76 FEET;THENCE NORTH PARALLEL WITH SAID WESTERLY LINE NORTH 00°01'10" WEST 248.45 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SW 85TH AVENUE;THENCE EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°58'50" EAST 15.00 FEET TO THE EASTERLY LINE OF SAID RIGHT-OF-WAY;THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH SAID WESTERLY LINE SOUTH 00001110" EAST 261.32 FEET;THENCE SOUTH 17°45'49" EAST 26.25 FEET;THENCE PARALLEL WITH SAID WESTERLY LINE SOUTH 00°01'10" EAST 163.98 FEET;THENCE SOUTH 04°03'08" EAST 213.29 FEET;THENCE PARALLEL WITH SAID WESTERLY LINE SOUTH 00°01'10" EAST 50.00 FEET;THENCE SOUTH 89°58'50"WEST 35.55 FEET;THENCE SOUTH 00°08'54" EAST 23.94 FEET TO THE SOUTHERLY LINE OF SAID SECTION 13;THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°34'36"WEST 12.50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN THE BELOW DESCRIBED PARCEL 2. PUBLIC TRAIL EASEMENT(PARCEL 2) A STRIP OF LAND,30.00 FEET IN WIDTH, BEING A PORTION OF SAID CLEAN WATER SERVICES DURHAM FACILITY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER BETWEEN SAID SECTION 13 AND SECTION 14;THENCE ALONG THE WESTERLY LINE OF SAID SECTION 13 NORTH 00°01'10"WEST 70.34 FEET;THENCE LEAVING SAID WESTERLY LINE NORTH 25°05'20" EAST 31.09 FEET;THENCE NORTH 04°03'08"WEST 187.60 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE NORTH 00°01'10"WEST 121.95 FEET TO THE BEGINNING OF A NON- TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 38°18'15" EAST;THENCE LEAVING SAID WESTERLY LINE ALONG THE ARC OF A 54.64 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF 52°01'36" (THE LONG CHORD OF WHICH BEARS NORTH 25°40'56" EAST 47.93 FEET)AN ARC DISTANCE OF 49.62 FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°40'08" EAST;THENCE SOUTH 89°58'52" EAST 9.21 FEET;THENCE SOUTH 00°01'10" EAST 164.07 FEET; THENCE SOUTH 04°03'08" EAST 194.35 FEET;THENCE SOUTH 25°05'20"WEST 73.59 FEET;THENCE SOUTH 00°08'54" EAST 26.10 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 13;THENCE WEST ALONG SAID SOUTHERLY LINE SOUTH 89°34'36" WEST 12.50 FEET TO THE POINT OF BEGINNING. PAGE 1 OF 3 CONTAINING 8,986 SQUARE FEET OR 0.206 ACRES, MORE OR LESS. THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE. THE STRIPS OF LAND ARE SHOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE MADE PART THEREOF. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED L. OREGON MAY 13, 2014 JOHN ROBERT DAVIS 88694 f EXPIRES 12/31/23 PAGE 2 OF 3 DETAIL'A' DOC.NO.96055579 SW 85TH 1"=20' AVENUE •������������• • UNIFIED SEWERAGE AGENCY N OOO��OO��0000��0��00i OF WASHINGTON COUNTY n OOO��OOOOOOO��OOOOOOi� (CLEAN WATER SERVICES) N 89°58150" E O�i�i�i�i�i�i�i�i�i�i�i�i�i���i�i�i�i�i 15.00' %% 3 S 89°58'50" W 4 b `i' 35.55' In 'i in a .co • m 0 O M N •� 'i 0 °0 (.° Z 0 N DOC.NO.8551 O ►14 — 14 13 ' — BOOK 1158,PAGE 415 ►j� b� S 89°34'36" W 0 � c 12.50' UNIFIED SEWERAGE AGENCY C ��� o 0 ►4 O OF WASHINGTON COUNTY Z 0 (CLEAN WATER SERVICES) in 4 PARCEL 1 TEMPORARY 0-4 CONSTRUCTION EASEMENT 0.1 8,986 SQ.FT. A mat N 09°17'57" E ... as s 61.76' 1 14 sp p •O � �•4 NW QUARTER • 4 1 SECTION 13 W c CLEAN WATER SERVICES 00 DURHAM FACILITY v-iCil 0 0 erf 0 ei H PARCEL 2 PUBLIC TRAIL EASEMENT 12,211 SQ.FT. DOC NO.96080099 ^ O • P UNIFIED SEWERAGE AGENCY N P.k- OF WASHINGTON COUNTY i O Q (CLEAN WATER SERVICES) i � C c " 4, 0 W ,.i Sp, ;4Z° 00 o1 m Z 24., CO N OQ 2 30, al E t.. S 00°01'10" E POINT OF BEGINNING • � 50.00' [QUARTER CORNER-SEC.13&SEC.14J 4._•_•_.: 2 — - — — 14 13— I 20 — NORTH = SEE DETAIL'A' — �� 1q3ffi I SCALE:1"=100' EXHIBIT MAP DATE: 24MAY2022 111 SW Fifth Ave. supe 2400 D.P-TL-2S1138600-TCE DRAWN BY: CMR Portland,OR 97204 TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: JRD O:503.227 3251 F 503 274 4681 NW 1/4 SEC.13/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 Kfi.corn CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 3 -0m O p — Fit _ 1— w— -0 m WU D m 0ir COO 3 ri ED �'a C O o, k ;v.O OTO N;O V '4,L,,,,1 V ,A, V Y =13 co. 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