2023-004035 ~ 13500 SW Hall Blvd Washington County,Oregon 2023-004035
01/31/2023 11:19:26 AM
RETURN TO: Clean Water Services D-E Cnt=3 Stn=7 C LOUCKS
Mail Stop 10 $25.00$10.00$5.00$11.00$60.00-Total=$111.00
2550 SW Hillsboro Highway 11111 111 INN DI Dm
Hillsboro, OR 97123
02925069202300040350050056
I,Joe Nelson,Director of Assessment and Taxation ,m1 r
Project: Fanno Creek Trail SPL20-002905 and Ex-Officio County Clerk for Washington County, 6
l Oregon,do hereby certify that the within Instrument of &;,SPY, 41
writing was received and recorded In the book of (,�• ,,,,
Tax Lot No.: 2S 102DD00200 records of said county.
Square Feet: 129er
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) C OF I6Al2_0
(E 'ty name)
Date
By: SsE
(Sign here for entity)
Grantor( Individual) Title: het^ha,6'0\-
Date: I
Date
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED APPROVED AS TO FORM
/4.
By: V VA, f It&
Chief Ex'utive Officer or Designee District Cunsel
Clean .ter 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 Ores CS-r1 )
County of hlt5--1i )
This instrument was acknowledged before me on -)c -hc\ �� `N 2022) (date)
by 51-ev€ reel (name of person) as
C'.►i-y m (title) of C:►- n TrC1 (name of entity).
❑ [Check if applicable] The notarial act was performed using communication technology.
OFFICIAL STAMP p
ERNESTINA ESCALERA � 7�J.$)L1rN
,, ,,,r;;;) NOTARY PUBLIC-OREGON �hh Notary NOta Public
COMMISSION NO.998434 4
MY COMMISSION EXPIRES MAY 11 2024
Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage
EXHIBIT A
TIG.LIB.-TL-2S102DD200-VEG-CORR
WATER QUALITY PRESERVATION AND STORM &SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
A TRACT OF LAND BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL II IN STATUTORY SPECIAL
WARRANTY DEED TO CITY OF TIGARD,AN OREGON MUNICIPAL CORPORATION 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 NORTHEASTERLY CORNER OF EDGEWOOD PLAT,WASHINGTON COUNTY PLAT RECORDS;
THENCE SOUTH 66°49'06"WEST 419.31 FEET TO THE NORTHERLY LINE OF SAID PARCEL II AND THE TRUE POINT
OF BEGINNING;THENCE SOUTH 27°22'22" EAST 11.75 FEET;THENCE NORTH 62°37'38" EAST 21.98 FEET TO
SAID NORTHERLY LINE;THENCE ALONG SAID NORTHERLY LINE NORTH 89°15'08"WEST 24.93 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 129 SQUARE FEET OR 0.003 ACRES(MORE OR LESS).
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
DIGITALLYcSIGNED
L. OREGON
MAY 13. 2014
JOHN ROBERT DAVIS
88694
EXPIRES 12/31/23
PAGE 1 OF 2
POINT OF-\
COMMENCEMENT
NE'LY CORNER OF EDGEWOOD
/ /
0,-1:
/
t', -%
TRUE POINT OF S6 6/
BEGINNING N 89°15'08"W
TRACT 1 /
24.93'
5 27°22'22" E / 4'4
11.75' X61.11 b
TRACT 1
AREA=129 SQ.FT. DOC.NO.2002-136823
PARCEL I!
NORTH
1q3ffi M.
SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
111 SW Fifth Ave.,Suite 2400 TIG.LIB.-TL-2S102DD200-VEG-CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F;503.274.4681 SE 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kpHmm
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 2 OF 2