2023-004034 ~ 13500 SW Hall Blvd Washington County,Oregon 2023-004034
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 1111 II 111110 11 HID I 1111
Hillsboro, OR 97123
02925068202300040340080081
I,Joe Nelson,Director of Assessment and Taxation ,3t:4YIIL ,.
Project: Fanno Creek Trail SPL20-002905 and Ex-Officio County Clerk for Washington County,
Oregon,do hereby certify that the within Instrument of
writing was received and recorded In the book of ;: 9"
Tax Lot No.: 2S 102DD00100 records of said county 1\a: ""y" `v
Square Feet: 21,518
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) Ci 7. OF 16a2„0
iignntity name)
DateBy:
( here for entity)
Grantor( Individual) Title: C"! 7A.QA
/
Date: / 33
Date
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED APPROVED AS TO FORM
By: l0- UGC°
Chief Exe' tive Officer or Designee District CoYinsel
Clean W. er Services
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 ®rte )
County of 1, 1( )
This instrument was acknowledged before me on 33r1k.,1. q" 2.023 (date)
by ‘2y ,(- (name of person) as
M N C (title) of cD T;,3r (name of entity).
n [Check if applicable] The notarial act was performed using communication technology.
OFF
ICL 67P
ERN
Fs;
IAESCALEPAM
NcOoTrA ISTARY PUBSIOLIC�-,_),F-1,‘,((,t,: Notary Public
N
I :ry
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
TIG.LIB.-TL-2S102DD100-VEG-CORR
WATER QUALITY PRESERVATION AND STORM & SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
FOUR TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED IN STATUTORY SPECIAL
WARRANTY DEED TO THE CITY OF TIGARD, IN DOCUMENT NUMBER 2002-136823, 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 NORTHEAST CORNER OF LOT 1,PARTITION PLAT OF EDGEWOOD,WASHINGTON COUNTY
PLAT RECORDS;THENCE ALONG THE NORTH LINE OF SAID LOT 1 NORTH 89°15'08"WEST 54.66 FEET TO THE
POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°15'08"WEST 83.50 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 19°37'18"WEST 13.40 FEET; THENCE SOUTH 31°59'25"WEST 12.55
FEET;THENCE SOUTH 75°51'29"WEST 27.61 FEET;THENCE SOUTH 83°16'06"WEST 19.24 FEET;THENCE NORTH
53°35'48"WEST 10.56 FEET;THENCE NORTH 37°22'01"WEST 23.39 FEET;THENCE NORTH 22°30'38"WEST 9.21
FEET TO SAID NORTH LINE;THENCE ALONG SAID NORTH LINE NORTH 89°15'08"WEST 127.68 FEET TO A POINT,
SAID POINT HEREINAFTER REFERRED TO AS POINT A;THENCE LEAVING SAID NORTH LINE SOUTH 01°19'48"
WEST 27.32 FEET;THENCE SOUTH 26°21'33" EAST 8.36 FEET;THENCE SOUTH 10°36'44" EAST 26.88 FEET;
THENCE SOUTH 01°39'26"WEST 27.82 FEET;THENCE SOUTH 35°43'17" EAST 23.53 FEET;THENCE NORTH
71°26'18" EAST 37.82 FEET;THENCE SOUTH 74°04'11" EAST 27.41 FEET;THENCE NORTH 33°46'48"WEST 15.15
FEET;THENCE NORTH 40°20'30"WEST 24.10 FEET;THENCE NORTH 02°19'27"WEST 20.61 FEET;THENCE NORTH
09°38'21"WEST 15.45 FEET;THENCE NORTH 85°20'24" EAST 31.31 FEET;THENCE SOUTH 36°55'16" EAST 26.11
FEET;THENCE NORTH 86°44'20" EAST 14.94 FEET;THENCE NORTH 82°16'50" EAST 14.94 FEET;THENCE NORTH
80°03'04" EAST 80.96 FEET;THENCE NORTH 69°53'19" EAST 22.66 FEET;THENCE NORTH 55°56'00" EAST 11.98
FEET;THENCE NORTH 21°19'19" EAST 15.21 FEET;THENCE NORTH 86°51'54" EAST 12.78 FEET;THENCE NORTH
77°07'47" EAST 11.84 FEET;THENCE SOUTH 79°46'29" EAST 33.31 FEET;THENCE SOUTH 88°54'40" EAST 31.24
FEET;THENCE SOUTH 85°33'29" EAST 11.76 FEET TO THE EAST LINE OF SAID LOT 1;THENCE ALONG SAID EAST
LINE NORTH 01°17'25" EAST 3.16 FEET;THENCE LEAVING SAID EAST LINE NORTH 78°55'41"WEST 19.12 FEET;
THENCE NORTH 83°54'16"WEST 18.67 FEET;THENCE SOUTH 81°09'40"WEST 8.58 FEET;THENCE NORTH
74°38'22"WEST 9.04 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,921 SQUARE FEET OR 0.274 ACRES(MORE OR LESS).
TRACT 2
COMMENCING AT SAID NORTHEAST CORNER;THENCE ALONG SAID EAST LINE SOUTH 01°17'25"WEST 37.01
FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID EAST LINE NORTH 72°12'59" WEST 2.99 FEET;
THENCE NORTH 47°15'39"WEST 4.85 FEET;THENCE SOUTH 84°10'15"WEST 7.40 FEET;THENCE NORTH
64°10'45"WEST 21.96 FEET;THENCE NORTH 86°58'37"WEST 19.80 FEET;THENCE SOUTH 81°56'12"WEST
10.84 FEET;THENCE NORTH 78°52'12" WEST 2.72 FEET;THENCE SOUTH 74°17'59"WEST 4.39 FEET;THENCE
SOUTH 88°33'49"WEST 7.12 FEET;THENCE SOUTH 65°52'47"WEST 10.62 FEET;THENCE SOUTH 07°03'59"
WEST 13.58 FEET;THENCE SOUTH 41°30'24"WEST 11.07 FEET;THENCE SOUTH 53°07'45"WEST 6.61 FEET;
PAGE 1 OF 5
THENCE SOUTH 68°14'17"WEST 3.63 FEET TO A POINT,SAID POINT HEREINAFTER REFERRED TO AS POINT B;
THENCE SOUTH 21°27'24" EAST 3.39 FEET;THENCE NORTH 61°16'00" EAST 4.05 FEET;THENCE NORTH
68°27'05" EAST 27.44 FEET;THENCE SOUTH 76°48'33" EAST 22.68 FEET;THENCE NORTH 22°01'19"WEST 14.40
FEET;THENCE NORTH 13°42'57"WEST 10.28 FEET;THENCE SOUTH 81°19'51" EAST 17.38 FEET;THENCE SOUTH
76°23'34" EAST 13.57 FEET;THENCE SOUTH 32°51'34" EAST 15.59 FEET;THENCE SOUTH 38°39'53" EAST 20.02
FEET;THENCE SOUTH 00°32'10" EAST 12.04 FEET;THENCE SOUTH 22°41'41" EAST 5.07 FEET;THENCE SOUTH
48°26'48" EAST 8.46 FEET TO SAID EAST LINE;THENCE ALONG SAID EAST LINE NORTH 01°17'25" EAST 49.58
FEET TO THE POINT OF BEGINNING.
CONTAINING 1,962 SQUARE FEET OR 0.045 ACRES(MORE OR LESS).
TRACT 3
COMMENCING AT AFOREMENTIONED POINT B;THENCE SOUTH 69°49'55" WEST 14.05 FEET TO THE POINT OF
BEGINNING;THENCE SOUTH 78°44'20"WEST 12.47 FEET;THENCE SOUTH 84°36'13" WEST 12.02 FEET;THENCE
SOUTH 80°42'10"WEST 56.00 FEET;THENCE SOUTH 76°01'27"WEST 13.67 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19°52'26 WEST;THENCE ALONG THE ARC
OF A 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 26°36'20" (THE
LONG CHORD OF WHICH BEARS SOUTH 83°25'44" EAST 23.01 FEET)AN ARC DISTANCE OF 23.22 FEET TO A
POINT OF TANGENCY;THENCE NORTH 83°16'06" EAST 11.67 FEET;THENCE NORTH 65°34'40" EAST 16.45 FEET;
THENCE NORTH 79°56'32" EAST 38.09 FEET;THENCE NORTH 57°17'29" EAST 6.90 FEET TO THE POINT OF
BEGINNING.
CONTAINING 416 SQUARE FEET OR 0.010 ACRES(MORE OR LESS).
TRACT 4
COMMENCING AT AFOREMENTIONED POINT A;THENCE ALONG SAID NORTH LINE NORTH 89°15'08"WEST
39.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°15'08"
WEST 45.41 FEET;THENCE LEAVING SAID NORTH LINE SOUTH 10°15'46"WEST 9.58 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 75°19'00 WEST;THENCE ALONG
THE ARC OF A 23.62 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF
36°44'44" (THE LONG CHORD OF WHICH BEARS SOUTH 33°03'22" EAST 14.89 FEET)AN ARC DISTANCE OF 15.15
FEET TO A POINT OF NON-TANGENCY,A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 38°34'16 WEST;
THENCE SOUTH 04°26'18" EAST 1.42 FEET;THENCE SOUTH 40°13'21" WEST 14.00 FEET;THENCE SOUTH
08°04'47" EAST 20.36 FEET;THENCE SOUTH 21°11'57"WEST 24.56 FEET;THENCE SOUTH 02°48'05" EAST 24.58
FEET;THENCE NORTH 56°35'32" EAST 13.46 FEET;THENCE SOUTH 80°26'36" EAST 4.98 FEET;THENCE SOUTH
27°22'22" EAST 85.22 FEET TO THE SOUTH LINE OF SAID LOT 1;THENCE ALONG SAID SOUTH LINE SOUTH
89°15'08" EAST 24.93 FEET;THENCE LEAVING SAID SOUTH LINE NORTH 62°37'38" EAST 8.02 FEET;THENCE
NORTH 27°22'22"WEST 79.63 FEET;THENCE NORTH 22°11'46" EAST 5.83 FEET;THENCE NORTH 57°33'05"
WEST 6.57 FEET;THENCE NORTH 03°49'03" EAST 2.88 FEET;THENCE NORTH 29°20'31" EAST 13.82 FEET;
THENCE NORTH 11°32'40" EAST 16.31 FEET; THENCE NORTH 06°09'02"WEST 47.52 FEET; THENCE NORTH
01°03'53" EAST 8.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,219 SQUARE FEET OR 0.166 ACRES(MORE OR LESS).
PAGE 2 OF 5
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.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
DIGITALLYIGNED
OREGON
MAY 13, 2014
JOHN ROBERT DAVIS
88694
EXPIRES 12/31/23
PAGE 3 OF 5
DETAIL'A' DETAIL'B'
1"=5' 1"=5'
TRUE POINT
OF BEGINNING 134
TRACT 1
C31 L32
130
/
POINT OF
COMMENCEMENT
TRUE POINT NE CORNER LOT 1
PARTITION PLAT OF
OF BEGINNING EDGEWOOD.
TRACT 1
N 89°15'08"W SEE N 89°15'08"W
127.68' N 89°15'08"W 83.50' DETAIL 54.66'
- I L29_C28 •'
/s !� LOT 1 PARTITION �'�_-��- A.
'\
'W PLAT OF L23 L24 L25 S 88°54'40" E L26 f,-
.= '6' EDGEWOOD M
In /fy SEE DETAIL , - 0
/w� TRACT1 1.3 ,1�SHEETS L3631.24 SEE ��
L4 '� �.� 43 DETAIL'S' n+
i`"iAREA=11,921 SQ.FT. fry p �' N = '' S � r+are
TRACT 2 I+, /1 ,ten
gp.96' L44 vi
', AREA= p
" E 1,962 SQ.FT. <
If)._ N gp°03 04 POINT B L45 Nr L 2 I r -"'
L18 119 / '10" S 69°49'55"14.5 L5� 576°x' f 5 in _
p
Sg0°42 W L51 N ao
L58 2268, / F Ln
56.00 of
et
a L.S9 N 79°56'32" E L46 S 38°39'53" E `f3 L47 47 / o
L=23.22' L60 X61 38'09 162 TRUE POINT OF 20.02' Z
R 50.00' TRACT 3 BEGINNING L55-
=26°36'20" TRACT 3 L56
CHD=S83°25'44"E AREA=416
23.01' SQ.FT. LINE TA B L E
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH TRUE POINT-
Ll S19°37'18"W 13.40 L23 N86°51'54"E 12.78 L40 S88°33'49"W 7.12 OF BEGINNING
L2 531°59'25"W 12.55 L24 N77°07'47"E 11.84 L41 S65°52'47"W 10.62 TRACT 2
L3 S75°51'29"W 27.61 L25 S79°46'29"E 33.31 L42 507°03'59"W 13.58
L4 S83°16'06"W 19.24 L26 S85°33'29"E 11.76 L43 S41°30'24"W 11.07 LINE# DIRECTION LENGTH
L5 N53°35'48"W 10.56 L27 N01°17'25"E 3.16 L44 553°07'45"W 6.61 L57 S78°44'20"W 12.47
L6 N37°22'01"W 23.39 L28 N78°55'41"W 19.12 L45 568°14'17"W 3.63 L58 584°36'13"W 12.02
L7 N22°30'38"W 9.21 L29 N83°54'16"W 18.67 L46 521°27'24"E 3.39 L59 576°01'27"W 13.67
L17 536°55'16"E 26.11 L30 S81°09'40"W 8.58 L47 N61°16'00"E 4.05 L60 N83°16'06"E 11.67
L18 N86°44'20"E 14.94 L31 N74°38'22"W 9.04 L48 N68°27'05"E 27.44 L61 N65°34'40"E 16.45
L19 N82°16'50"E 14.94 L32 N72°12'59"W 2.99 L49 N22°01'19"W 14.40 L62 N57°17'29"E 6.90
L20 N69°53'19"E 22.66 L33 N47°15'39"W 4.85 L50 N13°42'57"W 10.28
L21 N55°56'00"E 11.98 L34 584°10'15"W 7.40 151 581°19'51"E 17.38 = _
L22 N21°19'19"E 15.21 L35 N64°10'45"W 21.96 L52 S76°23'34"E 13.57 -NORTH _
L36 N86°58'37"W 19.80 153 532°51'34"E 15.59
L37 581°56'12"W 10.84 L54 500°32'10"E 12.04 1q3iff __-
L38 N78°52'12"W 2.72 L55 522°41'41"E 5.07
L39 574°17'59"W 4.39 L56 548°26'48"E 8.46 SCALE:1"=40'
EXHIBIT MAP DATE: 24MAY2022
1115W Fifth Ave.,Suite 2400 TIG.LIB.-TL-25102DD100-VEG-CORR DRAWN BY: CMR
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F.503.274.4681 SE 1/4 SEC.2/T.2 5./R.1 W./W.M. PROJECT NO. 1500087
www.kn//mm CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 5
TRUE POINT OF
BEGINNING
TRACT4 LINE TABLE
N 89°15'08"W POINT'A' LINE# DIRECTION LENGTH
45.41' N 89°15'08"W N 89°15'08"W 127.68'
b 39.00' L8 S01°19'48"W 27.32
SEE�'� .- -a / / In/DETAIL'D'iI W' L9 S26°21'33"E 8.36
TRACT 1 =,` �1 NNAREA=11,921 SQ.FT. w L10 S10°36'44"E 26.88
C^ !� „Ili')
Lll S0i°39'26"W 27.82
LI' C L16 L12 N33°46'48"W 15.15
Z p J L13 N40°20'30"W 24.10
TRACT 4
mr
co�O AREA=7,219 co L14 NO2°19'27"W 20.61
v SQ.FT. I
I-1 L15 N09°38'21"W 15.45
L75 _. ed�
-174 L16 N85°20'24"E 31.31
J ^H L73 J'�s° � ` L63 S10°15'46"W 9.58
v2 e?�s), ,1g0 E •�.
L64 540°13'21"W 14.00
L68 ems° ���N11°1 a2: L65 S08°04'47"E 20.36
3
L694.r.
e—I.a r'r' S 74°04'11" E L66 521°11'57"W 24.56
rho )!t LOT 1 PARTITION 27.41' L67 S02°48'05"E 24.58
PLAT OF L68 N56°35'32"E 13.46
d) EDGEWOOD
cPs •a. L69 S80°26'36"E 4.98
eek L70 S89°15'08"E 24.93
�1
L71 N62°37'38"E 8.02
L70 \
L72 N22°11'46"E 5.83
L73 N57°33'05"W 6.57
DETAIL'C'
1"=5' L74 NO3°49'03"E 2.88
X39 L38 L37 L75 N29°20'31"E 13.82
L40 L76 N11°32'40"E 16.31
L77 N01°03'53"E 8.97
DETAII1"= OL'D' 5-/q-0,D)W /
yG /
q'•e
P
L=15.15' C,
R=23.62' /
0=36°44'44" /
CHD=S33°03'22"E / =NORTH =_
14.89' r S 04°26'18" E//q3ff /
1.42'
SCALE:1"=40'
EXHIBIT MAP DATE: 24MAY2022
111 SW Fifth Ave.,Suite 2400 TIG.LIB.-TL-2S102DD100-VEG-CORR DRAWN BY: CMR
Portland,0R 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.koff.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 5 OF 5