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2023-025703 ~
Washington County,Oregon 2023-025703 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 Assignee's Name and Address: Clean Water ServicesI1111111 N1111111 I 2550 SW Hillsboro Hwy 02949504202300257030090095 Hillsboro,OR 97123 I,Joe Nelson,Director of Assessment and Taxation` and Ex-Officio County Clerk for Washington County, 1:74704:7N;,,, Oregon,do hereby certify that the within instrument of tr^ writing was received and recorded in the book of ,'' Assignor's Name and Address records of said count,. `"k :";r City of Tigard Joe Nelson,Director of Assessment and Taxation,Ex- YEA 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 rporation(Assignor), and Clean Water Services,a county service district(Assignee), effective bu e 2 , 262-3 . RECITALS A. Assignor is the holder of an Easement for Water Quality Preservation and Storm and Surface Water Drainage granted by Elite Care Management Group LLC on March 17, 2023, and recorded in the real property records of Washington County,Oregon, on April 11, 2023, as Document No. 2023-014428 (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 Elite Care Management Group 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 S 4 By: � AGce�ad By: , Name: STEVE' / EIL Name: DSC Its: C 1 Ty /1-7A - Its: 1, a. ',,Ia Nc o M'e . Date: S-10-3/cA-e Date: le ZI Zee" Approved As To Form i Vl& Gu,{2 Clean Water'Services Counsel s;4� > OFFICIAL STAMP .r' NOCAROL ANN KRAGER STATE OF � �vh ) �'s TARY PUBLIC-OREGON COMMISSION NO.1028802 ,, / I// ) SS. MY COMMISSION EXPIRES SEPTEMBER 20,2026 County of kii(Ai, ) This instrument was ackno ledged before me on _ GP y 3 , 2023,by sC- k-c_ r'i CY- , as //4"t7' )W6/17‘i‘ej:e,P' , of the City of Tigard, an Oregon municipal corporation. NOTARY PUBLIC FOR ORE(ON My Commission Expires: 4-e1, /24 - .24 STATE OF 01'4 . " ' ) " ) ss. Win County of ilt✓ 041-Y\ ) This iit�rum nt w4ts acknowledged before me on j(AVL 2,i'4—• ,2023,by =J©S1p U1 , as 0 hie-f/U-1-11h&1 4,10.-fxit_i 0 ifictv , of Clean Water Services, a county service district. "', OFFICIAL STAMP 1 JACZ SUE HUMPHREY9 \_s l 14/1k-------- Cc:— ', G .r' Ill WJ�f ' NOTARY PUBLICREGON NOTARY PUBLIC OR/ GO_ �r;� COMMISSION NaQ 1024151 � `�, MY COMMISSION EXPIRES MAY 05,2028 My Commission Expires: 51"'I z z Page 2-ASSIGNMENT OF EASEMENT RETURN TO: City of Tigard Washington County,Oregon 2023-014428 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 EASEMENT FOR WATER QUALITY PRESERVATION AND STORM AND SURFACE WATER DRAINAGE GRANTOR'S NAME: Elite Care Management Group LLC. an Oregon limited liability company ADDRESS: No Situs. 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$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 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 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 1) g t y ^ 4 3/12/ Z3 l (Enti name) DateBy: 41 , (.ign here for entity) Grantor(Individual) Title: OC/41.e./- Date: C/�i�Date: 31t? Z3 Date / 1 Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage ACCEPTED By: S-&l/ 'L- City of Tigard Cr'7 /44A004691_ gniL /o, 43 NOTARIZE DOCUMENT BELOW STATE OF j J, ‘ ) 1 r ) County of 444,001 .A_ r/ ) This instrument was acknowledged before me on /�� /7 2-(3.2-.5 (date) by �l I//� ��N -e..,cJ. (name of person as �p LLL ( title) of &lI fes,. nar>Qe of entity). 0 [Check if applicable] The notarial act was performed using communication technology. e oa OFFICIAL STAMP✓ N;pub ui�:�,��r. RENEE DENISE FISHER NOTARY PUBLIC-OREGON �rt�oof 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-CORK 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 UNE 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 0F 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 1 PROFESSIONAL LAND SURVEYOR DIGITALLY SIGNED L. OREGON MAY 13, 2014 JOHN ROBERT DAVIS 88694 EXPIRES 12/31/23 PAGE2OF4 AMENDED PLAT OF NORTH POINT OF TiGARDVILIF ADDITION COMMENCEMENT LOT 60 NE'LY CORNER TRACT A DOC. NO. 99027431 PARTITION PLAT NO.2013-021 Ar V --- --- --- TRUE TRUE POINT OF �°w 12 °1, BEGINNING 5121 PARTITION PLAT NO. N 56°11,00„W PARCEL 1 2013-021 TRACT A 10.41' ... _ S 80°04'34"W 4 �6°ti9 fig` I 10.10' S 1. N 09°55'26"W 18.61' 4§fr. " aM PARCEL 1 N 14°31'34"E / gAREA=1,874 SQ.FT. , 14.30' h o / °"' S 67°46'03"E div y13.00' N 45°01'27"E 8 d'� 12.07' os10 N 02°51'55"W .io• / S$s4 6.70 ss. Adow ? ...,E Ilk •94., a4.9„ N14'VI N 10°23'14"W 2 11.45' �o• S28°13'22"E /+v ��/ 12.10' a, J� S 32°10'46"W '� ICr 6' 17.10' 14' ''��2 al• �``t �P4 S 53°14'19"E (�j�`y64 �4 4 c4 ;.0 3.42 ` ", �LyJ��Py et, 4:4- 443 0 qt 74. ,_„.,.. _..:r:..___._=,_...._,_:..., NORTH kryffil SCALE:1"---20' EXHIBIT MAP DATE: 24 MAY 2022 111SW Fifth Ave.,Suite 2400 W-TL-25102BA5100-VEG-CORR DRAWN BY: CMR Portend,0R 97204 EASEMENT CHECKED BY: JRD 0:503.227.3251 F;503.274.6601 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 •9� L7 POINT OF SEE DETAIL'A' COMMENCEMENT NE'LY CORNER TRACT A O LS PARTITION PLAT NO.2013-021 ;#1/ #4117 45' Wr ----...- 410 Lii N' �� PARCEL 2 ,,., 30°*i ll--- AREA=10,553 -� 5.2,51:11.7: PARTITION PLAT L2 S0,FT. NO.2013 021 / 4 TRACT A / ' � / �O � ` i _Ir..-- TRUE POINT OF L13 OA PARTITION PLAT L23 U4 BEGINNING PARCEL 1 NO.2013-021 S TRACT A L27 N 79'49'06"W 109.01' TRUE POINT OF BEGINNING PARCEL 2 LINE TABLE DETAIL'A' SCALE 1"=10' LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH 11 NO1'37'30"E 35.35 L15 N05'10'00"E 32.72 L2 N27'22130"W 22.50 L16 N41'43'59"E 29.12 1' 111 L3 N76°30'48"W 1.24 117 N84'33'53"E 29.55 111/4C3 L4 527'15'30"E 12.36 118 569'39'30"E 10.78 15 N88'56'38"W 40.31 119 542'26'36"E 27.70 N' L6 N47'40'54"W 37.06 L20 551'45'18"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 544'59'05"W 34.47 L23 582'19'38"E 23.09 L10 523'46'41"W 21.99 L24 N86'40'08"E 22.06 L11 522°12'57"E 8.17 L25 S52 42'15"E 15.78 L12 505'02'37"W 40.50 L26 N25'22108"E 29.31 L13 587°32'51"E 21.52 L27 546'31'42"E 6.75 L14 N77°26'33"E 29.94 NORTH 4.. lq:ifl ,---.--._ _-.,.-7--, SCALE:1"=50' EXHIBIT MAP DATE: 24 MAY 2022 111 SW RRn Ave.,scare 244X) W-TL-25102BA5100-VEG-CORR DRAWN BY: CMR Portland,OR 97204 EASEMENT CHECKED BY: 1RD O:503.227.3251 F:503.274.4691 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 mem CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4