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2023-025705 ~ 9900 SW Tigard St Washington County,Oregon 2023-025705 06/22/2023 12:43:09 PM D-EA Cnt=1 Stn=7 C LOUCKS $45.00$5.00$11.00$60.00-Total=$121.00 CleaAssignee WatervSmeice and Address: 1111111 I I 11111111 I 1111 IIII 2550 SW Hillsboro Hwy 02949506202300257050090098 I Joe Nelson,Director of Assessment and Taxation Hillsboro,OR 97123 and Ex-Officio County Clerk for Washington County ,9 ,Ary Oregon,do hereby certify that the within instrument of i writing was received and recorded in the book of ;�; ;",1 records of said county. +.4� ' Assignor's Name and Address Joe Nelson,Director of Assessment and Taxation,Ex- City of Tigard Officio County Clerk 13125 SW Hall Boulevard Tigard, OR 97223 AFTER RECORDING,RETURN TO: Clean Water Services 2550 SW Hillsboro Hwy Hillsboro,OR 97123 ASSIGNMENT OF EASEMENT This Assignment of Easement(Assignment) is entered into between the City of Tigard, an Oregon municipal , oration(Assignor), and Clean Water Services, a county service district(Assignee), effective (.01E, 2 , 2013 . RECITALS A. Assignor is the holder of an Easement for Water Quality Preservation and Storm and Surface Water Drainage granted by Tigard Industrial LLC on May 16, 2023, and recorded in the real property records of Washington County, Oregon, on May 17,2023, as Document No. 2023-020029 (Easement). B. Assignor wishes to assign all of its right, title and interest under the Easement to Assignee and Assignee wishes to accept and assume all of the right, title and interest of Assignor thereunder. NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are acknowledged, Assignor and Assignee agree as follows: AGREEMENT 1. Assignor assigns, transfers, conveys, and sets over to Assignee all of Assignor's,right, title, and interest in, to, and under the Easement. Assignee accepts the forgoing assignment and assumes all of the duties, obligations, and responsibilities of the holder of the Easement. 2. Assignor has notified Tigard Industrial LLC that the Easement is being assigned to Assignee. 3. This Assignment will be governed by and construed under the laws of the State of Oregon. 4. 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 Assignor and Assignee, respectively. Page 1 —ASSIGNMENT OF EASEMENT ASSIGNOR: ASSIGNEE: City of Tigard Clean Water Services I ,A,/ By: S.-VA— Acte By: Name: SE 12YME1? Name: / OS' P11 1 Its: C'_i Tr /"MAAJAG-k Its: ' 1 L(-FI i &MN der Date: �i,? 3/.De.,a--3 Date: (D 2-I ii Approved As To Form Vtc , pat i Clean Water Services Counsel S:17 OFFICIAL STAMP K ,`�"'Y��., : CAROL ANN KRAQER STATE OF 0 1,-e7,-,)--- ) �` j NOTARY PUBLIC-OREGON // ) SS. l' COMMISSION NO.1028802 County of 1�`'1/J Y� ) MY COMMISSION EXPIRES SEPTEMBER 20,2026 This instpnr�ient was acknowledged before me on --14. •y 2 ? ,2023,by >teire elf 2Y Y , as 4 - 7 mu* " c ,of the City of Tigard, an Oregon municipal corporation. J � `_- ''dn e----(' A /4 NOTARY PUBLIC FOR OREGON My Commission Expires: Ie p..e- .70,, ,1 D c STATE OF 01/e�471 ) t� 0.c R1_ ,. ) ss. County of Y Vlt:16341)x1 ) This iagrument was acknowledged before me on 5tLY.. 1154—h�ee i 72023,by :Jo .�D ph (k , as eh iC.P VC,111 N is I t4? nc cT ,of Clean Water Services,a county service district. C OFFICIAL STAMPoit �u i T NOTARY PUBLI JACKIE SUE HUMPHREYS �F REG N "" NOTARY PUBLIC-OREGON COMMISSION NO.1024151 My Commission Expires: r-1 ,C � MY COMMISSION EXPIRES MAY 05,2028 Page 2–ASSIGNMENT OF EASEMENT Washington County,Oregon 2023-020029 RETURN TO: City of Tigard Stn 11 C WHITE 05/17/2023 08:44:24 AM 13125 SW Hall Blvd. $35.00$11.00$5.00$60.00 $111.00 Tigard, OR, 97223 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 Project: Fanno Creek Trail—SPL 20-002905 book of records of said county. Tax Lot No.: 302 Joe Nelson,Director of Assessment and Taxation,Ex-Officio County Clerk Square Feet: 1,656 EASEMENT FOR WATER QUALITY PRESERVATION AND STORM AND SURFACE WATER DRAINAGE GRANTOR'S NAME: Tigard Industrial LLC,an Oregon limited liability company ADDRESS: 9900 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 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 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$96.00. 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 Page 1—Easement for Water Quality Preservation and Storm and Surface Water Drainage any other material,and no changing of the grade or topography of the Easement Area in any manner 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. 8. Subject to the limitations on liability in the Oregon Tort Claims Act (ORS 30.260 to 30.300)and the Oregon Constitution, GRANTEE and its assigns shall indemnify, defend, and hold harmless GRANTOR from and against any injury,expense, damage, liability, or claim, including, but not limited to, reasonable attorney fees, incurred by any GRANTOR,to the extent arising from any negligent act or omission or any intentional misconduct of GRANTEE or its agents or contractors in connection with the exercise of its rights under this easement. 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. Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP,TRUST OR OTHER LEGAL ENTITY SIGN BELOW Grantor(Individual) Tigard Industrial LLC (Entity name) Date By: P .1- 6-,1--- (Sign here for entity) Grantor(Individual) Title: Member Date: 5'- 14-1-3 Date ACCEPTED By: City of Tigar NOTARIZE DOCUMENT BELOW STATE OF OREGON ) County of66,dr...c.f., ) This instrument was acknowledged before me onfe /�,4.0 ,2023, by Phillip A. Cohn,as Member of Tigard Industrial LLC. ❑ [Check if applicable] The notarial act was performed using communication technology. .s'+.),, OFFICIAL STAMP .�v. RENEE DENISE FISHER e,fr( � NOTARY PUBLIC-OREGON COMMISSION NO.988624 of ry Public (� MY COMMISSION EXPIRES,TUNE 20,2023 • Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage EXHIBIT A W-TL-25102BA302-VEG-CORR WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT JOB NO. 1500087 24 MAY 2022 LEGAL DESCRIPTION THREE TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED AS PARCEL II IN SPECIAL WARRANTY DEED STATUTORY FORM TO TIGARD INDUSTRIAL LLC,AN OREGON LIMITED LIABILITY COMPANY IN DOCUMENT NUMBER 99027431,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,OREGON,SAID TRACTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL II NORTH 24°14'11"EAST 9.17 FEET;THENCE LEAVING SAID EASTERLY LINE NORTH 24°45'14"WEST 38.85 FEET;THENCE NORTH 49°24'39"WEST 8.62 FEET;THENCE NORTH 70°37'35"WEST 97.75 FEET;THENCE SOUTH 63°36'10"WEST 14.10 FEET;THENCE SOUTH 70°41'23" EAST 77.50 FEET;THENCE SOUTH 62°47'42"EAST 22.80 FEET;THENCE SOUTH 47°00'21" EAST 22.80 FEET;THENCE SOUTH 66°27'23" EAST 7.38 FEET;THENCE SOUTH 27°51'49" EAST 11.38 FEET;-THENCE SOUTH 04°57'37" EAST 8.65 FEET;THENCE SOUTH 23°52'12" EAST 2.38 FEET TO SAID SOUTHEASTERLY CORNER AND THE POINT OF BEGINNING. CONTAINING 1,490 SQUARE FEET OR 0.034 ACRES,MORE OR LESS. TRACT 2: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL II NORTH 66°34'45"WEST 114.53 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 66°34'45"WEST 27.73 FEET;THENCE LEAVING SAID SOUTHERLY LINE NORTH 06°31'06" EAST 2.55 FEET;THENCE SOUTH 70°39'53" EAST 13.97 FEET;THENCE SOUTH 67°30'00" EAST 12.77 FEET;THENCE SOUTH 02°29'50" EAST 4.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 88 SQUARE FEET OR 0.002 ACRES, MORE OR LESS. TRACT 3: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL II;THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL II NORTH 66°34'45"WEST 302.07 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 66°34'45"WEST 15.40 FEET;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 87°31'21" EAST 12.47 FEET;THENCE NORTH 17°46'11"EAST 2.82 FEET;THENCE SOUTH 51°27'24" EAST 13.14 FEET;THENCE SOUTH 89°29'24"WEST 9.47 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 78 SQUARE FEET OR 0.002 ACRES,MORE OR LESS. PAGE 1 OF 4 THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE. 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 Z1* 563 1a N0 '' DOC.NO.99027431 PARCEL II TRACT'A' N '0')3.),,3s . W / l 9 L7 S� , ?) , ►♦ 04j ��e'jS ,"9OSQgR S / ♦ . 0 �: / N 66°3��I��� 110 ' / 4S. ♦ / 441,441 c) Z�)3. TRACT 2 AREA 562°4� // 88 SQ. FT. 228o4?.F 2 / 14 SP. 9,° P 1)q7 ,l N344S„ •��?j lit i. TRUE POINT OF BEGINNING iv 7/443, F /43 ,, �'w SE'LY CORNER OF STRIP 2 / •. �S / < 1� / G� / �� / L6 POINT OF COMMENCEMENT SE'LY CORNER OF PARCEL II / POINT OF BEGINNING 1/4,.. SE'LY SE'LY CORNER OF PARCEL II&STRIP 3 F'DS O,qD/ 41.4.... / epOq NgNCsgVF / 4/I/1g I6 pq Q .5.,F / / 7S(gp,C'F6g3 �/ / IVjDfj / / / / / LINE TABLE / LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH / Ll N24°14'11"E 9.17 1_6 S23°52'12"E 2.38 L2 N49'24139"W 8.62 L7 N06°31'06"E 2.55 L3 866°27'23"E 7.38 L8 570°39'53"E 13.97 -- L4 527°51'49"E 11.38 L9 567°30'00"E 12.77 NORTH L5 SO4°57'37"E 8.65 L10 502°29'50"E 4.04 l(Pff ==. _=_.„ SCALE:1"=20' EXHIBIT MAP DATE: 24 MAY 2022 111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA302-VEG-CORR DRAWN BY: JTD 0:�503.227.3251 and,OR 97204 EASEMENT CHECKED BY: JRD F:501274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 4 DOC.NO.99027431 PARCEL 11 TRACT'A' 113 112 �- �t4 TRACT 3 AREA �I1�AL 78 SQ. FT. L15 TRUE POINT OF BEGINNING SE'LY CORNER OF STRIP 3 4,66344s 4130"0), POINT OF COMMENCEMENT SE'LY CORNER OF PARCEL II LINE TABLE LINE# DIRECTION LENGTH L11 N66'34'45"W 15.40 L12 587'31'21"E 12.47 L13 N17'46'11"E 2.82 L14 S51'27'24"E 13.14 NORTH =- L15 S89°29'24"W 9.47 — — 1(13ff SCALE:1"=20' EXHIBIT MAP DATE: 24 MAY 2022 111 SW Fifth Ave.,Suite 2400 W-TL-2S102BA302-VEG-CORK DRAWN BY: 1TD Portland,'532227325a EASEMENT CHECKED BY: JRD F503.274.4991 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 www.ka/f.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4