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2023-004032 ~ 13125 SW Hall Blvd
Washington County,Oregon 223-004032 01/31/2023 11:19:26 AM RETURN TO: Clean Water Services D-E Cnt=3 Stn=7 C LOUCKS Mail Stop 10 $40.00$10.00$5.00$11.00$60.00-Total =$126,00 2550 SW Hillsboro Highway 11111 II 111111111 III III Hillsboro, OR 97123 02925065202300040320080088 I.Joe Nelson,Director of Assessment and Taxationr<;_. Project: Fanno Creek Trail SPL20-002905 and Ex-Officio County Clerk for Washington County, ' ;ry?:° l Oregon,do hereby certify that the within Instrument of W.; } sr; •';1 Tax Lot No.: 2S 102DA00401 writing was received and recorded in the book of records of said county. Square Feet: 25,445 Joe Nelson,Director of Assessment and Taxation, Ex-Officio County Clerk EASEMENT FOR WATER QUALITY PRESERVATION AND STORM AND SURFACE WATER DRAINAGE GRANTOR'S NAME: City of Tigard ADDRESS: 13125 SW Hall Blvd., Tigard, OR 97223 GRANTOR, owner of the property described herein, has the authority and does hereby grant, convey and warrant unto Clean Water Services, 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 nonmonetary. 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 Page 1 —Easement for Water Quality Preservation and Storm and Surface Water Drainage 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. 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. INDIVIDUAL GRANTORS SIGN BELOW CORPORATE, LLC, PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW Grantor(Individual) � 'T/ dF ( i6ARD Entity name) Date By: PP •ign here for entity) Grantor( Individual) Title: C T� /1,AA.M6Ck Date: 1/'1//661.-- Date - Date Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage ACCEPTED APPROVED AS TO FORM By: id - g-/ Chief ecutive Officer or Designee VI1'{Lu Clea ater Services Distric ounsel NOTARIZE DOCUMENT BELOW [Use this notary block if GRANTOR is an individual.] STATE OF ) ) County of ) This instrument was acknowledged before me this day of , 20 , by . ❑ [Check if applicable] The notarial act was performed using communication technology. Notary Public [Use this notary block if GRANTOR is an entity.] STATE OF © 60 ) County of ) This instrument was acknowledged before me on \ant42C`( q+k 12073 (date) by Steve ".(h( _". (name of person) as City rr r (title) of r:0-,/ p F T,%. 0 (name of entity). n [Check if applicable] The notarial act was performed using communication technology. CA_QcOFFICIAL � ,I��' `; ERNESTINA ESTAMPSCALERA /► NOTARY PUBLIC OREGONo "Ol grp___. ,-- % COMMISSION NO.998434 Notary Public MY COMMISSION EXPIRES MAY 11,2024 Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage EXHIBIT A CITY-HALL-TL-2S102DA401-VEG-CORR WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT JOB NO. 1500087 24 MAY 2022 LEGAL DESCRIPTION TWO TRACTS OF LAND BEING PORTIONS OF THAT TRACT OF LAND DESCRIBED IN STATUTORY WARRANTY DEED TO CITY OF TIGARD, A MUNICIPAL CORPORATION IN DOCUMENT NUMBER 84041408,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1, PARTITION PLAT NUMBER 2020-014, WASHINGTON COUNTY PLAT RECORDS;THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 58°51'39" EAST 30.90 FEET TO THE TRUE POINT OF BEGINNING;THENCE ALONG THE WESTERLY LINE OF SAID TRACT NORTH 33°38'35" EAST 28.73 FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH 54°16'01" EAST 55.62 FEET;THENCE SOUTH 43°48'33" EAST 13.59 FEET;THENCE SOUTH 36°55'02" EAST 7.29 FEET;THENCE SOUTH 61°30'57" EAST 12.72 FEET;THENCE NORTH 56°33'03" EAST 6.91 FEET;THENCE SOUTH 68°16'09" EAST 12.98 FEET;THENCE NORTH 80°49'30" EAST 9.62 FEET;THENCE NORTH 85°45'56" EAST 20.46 FEET;THENCE SOUTH 75°28'29" EAST 16.66 FEET;THENCE NORTH 86°08'17" EAST 5.57 FEET;THENCE NORTH 70°33'38" EAST 10.36 FEET;THENCE SOUTH 70°09'06" EAST 5.49 FEET;THENCE NORTH 78°32'19" EAST 9.06 FEET;THENCE NORTH 83°49'29" EAST 24.01 FEET;THENCE NORTH 87°32'48" EAST 20.51 FEET;THENCE SOUTH 87°48'48" EAST 17.22 FEET;THENCE SOUTH 74°37'39" EAST 27.48 FEET;THENCE SOUTH 79°42'54" EAST 42.01 FEET;THENCE SOUTH 85°16'40" EAST 43.61 FEET;THENCE SOUTH 81°09'32" EAST 101.16 FEET;THENCE SOUTH 85°15'45" EAST 51.61 FEET;THENCE SOUTH 76°49'43" EAST 15.82 FEET;THENCE SOUTH 66°01'19" EAST 64.03 FEET;THENCE SOUTH 74°35'24" EAST 114.45 FEET;THENCE NORTH 75°42'10" EAST 7.19 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF S.W. HALL BOULEVARD(VARIABLE WIDTH);THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°08'17"WEST 25.57 FEET;THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 85°13'24"WEST 19.75 FEET;THENCE NORTH 77°46'05"WEST 42.98 FEET;THENCE NORTH 75°34'06"WEST 50.42 FEET;THENCE SOUTH 64°05'59"WEST 8.18 FEET;THENCE SOUTH 87°56'57"WEST 34.89 FEET;THENCE NORTH 71°27'15" WEST 58.38 FEET;THENCE NORTH 78°50'10" WEST 15.01 FEET;THENCE SOUTH 69°47'25"WEST 1.99 FEET; THENCE NORTH 75°20'03"WEST 39.07 FEET;THENCE NORTH 83°41'06"WEST 29.86 FEET;THENCE NORTH 74°24'02"WEST 35.77 FEET;THENCE NORTH 86°05'23"WEST 45.95 FEET;THENCE NORTH 81°58'28"WEST 214.88 FEET;THENCE NORTH 47°07'56"WEST 25.96 FEET;THENCE NORTH 71°39'16"WEST 3.65 FEET;THENCE SOUTH 84°23'22"WEST 15.15 FEET;THENCE NORTH 53°03'33"WEST 19.52 FEET;THENCE NORTH 75°35'00" WEST 16.73 FEET;THENCE NORTH 64°14'45" WEST 28.76 FEET;THENCE SOUTH 74°58'03"WEST 1.95 FEET TO THE SOUTHERLY LINE OF SAID TRACT;THENCE ALONG SAID SOUTHERLY LINE NORTH 58°51'39"WEST 14.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 24,464 SQUARE FEET OR 0.562 ACRES(MORE OR LESS). TRACT 2 COMMENCING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1;THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 58°51'39" EAST 30.90 FEET TO THE WESTERLY LINE OF SAID TRACT;THENCE LEAVING SAID PAGE 1 OF 5 NORTHERLY LINE ALONG SAID WESTERLY LINE NORTH 33°38'35" EAST 45.73 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 33°38'35" EAST 3.86 FEET;THENCE LEAVING SAID WESTERLY LINE SOUTH 69°24'04" EAST 13.84 FEET;THENCE SOUTH 51°49'24" EAST 16.69 FEET; THENCE SOUTH 35°00'31"WEST 5.00 FEET;THENCE SOUTH 54°59'29" EAST 36.13 FEET;THENCE SOUTH 78°46'10" EAST 57.35 FEET;THENCE NORTH 85°43'40" EAST 3.10 FEET;THENCE SOUTH 68°19'49" EAST 4.03 FEET;THENCE SOUTH 80°58'03"WEST 4.54 FEET;THENCE SOUTH 36°10'12"WEST 5.21 FEET;THENCE SOUTH 87°08'13"WEST 32.93 FEET;THENCE NORTH 77°34'55"WEST 8.26 FEET;THENCE NORTH 17°36'54"WEST 4.27 FEET;THENCE NORTH 71°35'24"WEST 4.88 FEET;THENCE NORTH 61°03'48"WEST 6.30 FEET;THENCE NORTH 59°43'34" WEST 12.20 FEET;THENCE NORTH 50°23'59"WEST 25.03 FEET;THENCE NORTH 37°48'46"WEST 5.18 FEET;THENCE NORTH 47°47'09"WEST 22.28 FEET;THENCE NORTH 63°58'13"WEST 9.53 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 981 SQUARE FEET OR 0.023 ACRES(MORE OR LESS). 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 DIGITALLYSIGNED OREGON MAY 13, 2014 JOHN ROBERT DAVIS 88694 EXPIRES 12/31/23 PAGE 2 OF 5 TRUE POINT OF -L41 BEGINNING N 33°38'35"E TRACT 2 L42 45.73' -60�.�4.1 N 33°38'35" E 28.73' e4:50I L44 TRACT 2 S 58°51'39"EAREA=981 SQ.FT. 30.90' S L58 �.4S Ss. es? w L47 Ap 0,/„ . 46 4#L46 148 Ss..62, L55 �i '! 4°4( L4 L54 LS2 L51 9 L11 ed L53- 150 L12 !; L3 L9 L38 L32 V' IS L6 L7 L8 0 L13 L14 PI/� -L39 06 A �1 , 1 Trw TRUE POINT OF L 435 !`�.1 AREA=T 24,RACT 464 SQ.FT. N BEGINNING 3 w TRACT 1 NI 81°58'28"W 214.88' POINT OF COMMENCEMENT PARTITION PLAT NO. NW'LY CORNER PARCEL 1 2020-014 PARTITION PLAT NO.2020-014 PARCEL 1 LINE TABLE LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH Ll S43°48'33"E 13.59 L33 N47°07'56"W 25.96 L47 N85°43'40"E 3.10 L2 S36°55'02"E 7.29 L34 N71°39'16"W 3.65 L48 568°19'49"E 4.03 L3 561°30'57"E 12.72 L35 S84°23'22"W 15.15 L49 580°58'03"W 4.54 L4 N56°33'03"E 6.91 L36 N53°03'33"W 19.52 L50 S36°10'12"W 5.21 L5 S68°16'09"E 12.98 L37 N75°35'00"W 16.73 L51 S87°08'13"W 32.93 L6 N80°49'30"E 9.62 L38 N64°14'45"W 28.76 L52 N77°34'55"W 8.26 L7 N85°45'56"E 20.46 L39 574°58'03"W 1.95 L53 N17°36'54"W 4.27 L8 S75°28'29"E 16.66 L40 N58°51'39"W 14.34 L54 N71°35'24"W 4.88 L9 N86°08'17"E 5.57 L41 N33°38'35"E 3.86 L55 N61°03'48"W 6.30 L10 N70°33'38"E 10.36 L42 569°24'04"E 13.84 L56 N59°43'34"W 12.20 L11 S70°09'06"E 5.49 L43 S51°49'24"E 16.69 L57 N50°23'59"W 25.03 L12 N78°32'19"E 9.06 L44 535°00'31"W 5.00 L58 N37°48'46"W 5.18 L13 N83°49'29"E 24.01 L45 S54°59'29"E 36.13 L59 N47°47'09"W 22.28 L14 N87°32'48"E 20.51 L46 S78°46'10"E 57.35 L60 N63°58'13"W 9.53 NORTH 1q3ff _____ SCALE 1"=40' EXHIBIT MAP DATE: 24 MAY 2022 111 SW Fifth Ave.,Suite 2400 CITY-HALL-TL-2S102DA401-VEG-CORR DRAWN BY: JTD Portland,OR 97204 EASEMENT CHECKED BY: JRD 0:503.227.3251 F:503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 www.ko/f.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 5 114 115 L16 m L17 LZ L18 N S 8r09' w 32 E 101.16' w 4/ TRACT 1 iil AREA=24,464 SQ.FT. N 81°58'28" W 214.88' ~ W N 86°05'23"W N 45.95' L32 N L31 L30 LINE TABLE LINE# DIRECTION LENGTH L14 N87°32'48"E 20.51 L15 S87°48'48"E 17.22 L16 S74°37'391 27.48 L17 S79°42'54"E 42.01 L18 S85°16'40"E 43.61 L30 N75°20'03"W 39.07 L31 N83°41'06"W 29.86 L32 N74°24'02"W 35.77 NORTH =IKP ff _ _ SCALE 1"=40' EXHIBIT MAP DATE: 24 MAY 2022 ill SW Fifth Ave.,Suite 2400 CITY-HALL-TL-25102DA401-VEG-CORR DRAWN BY: JTD Portland,OR 97204 EASEMENT CHECKED BY: JRD 0:503.227.3251 F:503.274.4681 SE 1/4 SEC.2/T.2 5./R.1 W./W.M. PROJECT NO. 1500087 www.kali cam CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 5 I I L19 L20 I S G 60 w 0I' 19'1 w Ego•03, W CC Lap TRACT 1 '4o3s/24 E 114,4 L21 w L2$ 71 AREA=24,464 SQ.FT. S J L29 �2�'ZS„�S8 6 3g L27 0 -117.21 �' L2S J 52' m 9 J L24 Q L23 2 1 N 1 35' LINE TABLE LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH L19 S85°15'45"E 51.61 L25 N75°34'06"W 50.42 L20 576°49'43"E 15.82 L26 564°05'59"W 8.18 L21 N75°42'10"E 7.19 L27 587°56'57"W 34.89 L22 S00°08'17"W 25.57 L28 N78°50'10"W 15.01 L23 N85°13'24"W 19.75 L29 569°47'25"W 1.99 _ ""-------=._.- -=L24 N77°46'05"W 42.98 L30 N75°20'03"W 39.07 NORTH ki3ff _____ SCALE 1"=40' EXHIBIT MAP DATE: 24 MAY 2022 11 sw Flrin Ave.,solea 2400 CITY-HALL-TL-2S102DA401-VEG-CORR DRAWN BY: JTD iPortland,OR 97204 EASEMENT CHECKED BY: JRD 0:503.227.3251 F:503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087 www.ko/f.00m CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 5 OF 5