2023-004037 ~ Washington County,Oregon 2023-004037
RETURN TO: Clean Water Services 01/31/2023 11:19:26 AM
D-E Cnt=3 Stn=7 C LOUCKS
Mail Stop 10 $35.00$10.00$5.00$11.00$60.00-Total=$121.00
2550 SW Hillsboro Highway
Hillsboro, OR 97123 I II II 1111111111 II 1111111111111
02925071202300040370070072
Project: Fanno Creek Trail SPL20-002905 I,Joe Nelson,Director of Assessment and Taxation ytam¢
and Ex-Officio County Clerk for Washington County, •
Tax Lot No.: 2S102BB00832 Oregon,do hereby certify that the within Instrument of 0@@ 6-yn y,;\i
writing was received and recorded in the book of
Square Feet: 23,915 records of said county
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 identified as Parcels 2 and 3, described and depicted 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) Cr 7/ G 1 6.x.0
Entity name)
Date By:
( ign here for entity)
Grantor( Individual) Title: C! /(']A^'AG671-
Date: //7/0-0)-3
Date
Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage
ACCEPTED APPROVED AS TO FORM
/'
i
By: l
Chief Ex-` tive Officer or Designee Y\k ��
Clean W er Services DistrictCounsel
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 Oc. -r-, )
)
County of i1 , of 3 ) \
This instrument was acknowledged before me on J8nUZC 9 2023 (date)
by •1(7:\(e o.yr( (name of person) as
C 1 rY ctc3p(- (title) of City Of k,.4.,- -, 11czi (name of entity).
❑ [Check if applicable] The notarial act was performed using communication technology.
.� OY PUBL STAMP Qo&j
ERNESTINA ESCALERA
ter.,,, NOTARY PUBLIC-OREGON
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
W-TL-25102BB832-VEG-CORR
WATER QUALITY PRESERVATION AND STORM & SURFACE WATER DRAINAGE EASEMENT
JOB NO. 1500087
23 MAY 2022
LEGAL DESCRIPTION
THREE PARCELS OF LAND BEING PORTIONS OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED TO JAMES
WILLOCK AND BETTY M. WILLOCK IN BOOK 647,PAGE 671,WASHINGTON COUNTY DEED RECORDS,AMENDED
PLAT OF NORTH TIGARDVILLE ADDITION,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 LOT 10;THENCE SOUTH 56°27'02"WEST 123.74 FEET
TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 89°12'00"WEST 22.85 FEET;THENCE SOUTH 68°41'30"
WEST 32.59 FEET;THENCE SOUTH 48°29'29"WEST 39.01 FEET;THENCE SOUTH 01°32'44"WEST 13.68 FEET;
THENCE SOUTH 66°15'51" EAST 14.75 FEET;THENCE NORTH 71°26'46" EAST 14.41 FEET;THENCE NORTH
85°09'34" EAST 31.79 FEET;THENCE NORTH 26°32'14" EAST 36.69 FEET;THENCE NORTH 65°14'54" EAST 5.62
FEET;THENCE NORTH 09°07'49" EAST 15.37 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,848 SQUARE FEET OR 0.065 ACRES(MORE OR LESS).
PARCEL 2:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 10;THENCE ALONG THE EASTERLY LINE OF SAID
LOT SOUTH 11°45'10"WEST 55.09 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY
LINE NORTH 78°36'23"WEST 59.19 FEET;THENCE SOUTH 64°49'42"WEST 18.56 FEET;THENCE NORTH
68°50'46"WEST 18.69 FEET;THENCE SOUTH 89°12'00"WEST 26.69 FEET;THENCE SOUTH 69°03'11"WEST 41.94
FEET;THENCE SOUTH 48°34'40"WEST 43.74 FEET;THENCE SOUTH 17°14'47"WEST 22.12 FEET;THENCE SOUTH
15°55'16" EAST 12.47 FEET;THENCE SOUTH 50°08'33" EAST 47.64 FEET;THENCE SOUTH 22°40'31" EAST 11.19
FEET;THENCE SOUTH 03°49'59"WEST 19.53 FEET;THENCE SOUTH 08°18'15" EAST 35.47 FEET;THENCE SOUTH
29°19'02" EAST 30.57 FEET;THENCE SOUTH 46°10'26" EAST 12.72 FEET;THENCE SOUTH 09°01'53" EAST 24.75
FEET;THENCE SOUTH 14°19'08" EAST 100.38 FEET;THENCE NORTH 74°28'46" EAST 6.62 FEET;THENCE NORTH
52°28'03" EAST 18.50 FEET;THENCE NORTH 35°35'47" EAST 32.12 FEET;THENCE NORTH 45°56'03" EAST 25.74
FEET;THENCE NORTH 60°35'10" EAST 30.98 FEET;THENCE NORTH 53°48'29" EAST 25.21 FEET;THENCE NORTH
77°07'54" EAST 10.48 FEET;THENCE SOUTH 72°47'32" EAST 8.74 FEET;THENCE NORTH 51°36'29" EAST 16.83
FEET;THENCE NORTH 11°53'37" EAST 5.72 FEET;THENCE NORTH 61°44'44"WEST 52.90 FEET;THENCE NORTH
74°10'27"WEST 31.28 FEET;THENCE NORTH 85°58'27"WEST 20.23 FEET;THENCE SOUTH 72°17'57"WEST
16.83 FEET;THENCE NORTH 89°40'35" WEST 34.46 FEET;THENCE NORTH 63°43'26"WEST 9.01 FEET;THENCE
NORTH 22°29'28" WEST 9.16 FEET;THENCE NORTH 77°44'26"WEST 6.87 FEET;THENCE NORTH 07°53'06" EAST
16.38 FEET;THENCE NORTH 53°24'29"WEST 4.24 FEET;THENCE NORTH 23°42'41" WEST 19.32 FEET;THENCE
NORTH 06°03'27" WEST 32.87 FEET;THENCE NORTH 30°16'10" EAST 10.32 FEET;THENCE NORTH 50°47'21"
EAST 31.33 FEET;THENCE NORTH 57°37'08" EAST 60.05 FEET;THENCE NORTH 64°46'56" EAST 29.73 FEET;
THENCE NORTH 70°58'54" EAST 25.90 FEET TO SAID EASTERLY LINE;THENCE ALONG SAID EASTERLY LINE NORTH
11°45'10" EAST 21.88 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 1 OF 4
EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN THE ABOVE DESCRIBED PARCEL 1.
CONTAINING 23,823 SQUARE FEET OR 0.547 ACRES(MORE OR LESS).
PARCEL 3:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 10;THENCE SOUTH 39°26'08"WEST 31.28 FEET
TO THE TRUE POINT OF BEGINNING;THENCE NORTH 79°47'20"WEST 25.63 FEET;THENCE SOUTH 22°53'41"
WEST 4.26 FEET;THENCE SOUTH 82°17'20" EAST 25.90 FEET;THENCE NORTH 22°53'41" EAST 3.10 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 92 SQUARE FEET OR 0.002 ACRES(MORE OR LESS).
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE.
THEPARCELS OF LAND ARE 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
J \
POINT OF COMMENCEMENT
NE'LY CORNER OF LOT 10
S 39°26'08"W 31.28'
BOO64,06/27/1967 671 N 79047, o TRUE POINT OF
20" BEGINNING
TRUE POINT OF BEGINNING p� 25.63'w 3 NE'LY CORNER OF PARCEL 3
NE'LY CORNER OF PARCEL 1 o_���� o AREA=92 SQ.FT.
S 56°27'02"W S 82 17'20E p• v
t 123.74' — / „ ' v v \
11 L3 N 78*36 25.90'
569°0 o. ,l2 j X23„W 59,19, TRUE POINT OF
,,* BEGINNING
p;p'�, ' L33 NE'LY CORNER OF PARCEL 2
°', 1�` A N 11°45'10" E
5 �3. ,�. :�: �JA 21.88'
♦ • 02
I. PARCEL 1 v oO,
ID . AREA=2,848 SQ.FT. �� ,.�6
►���A�.&4\0 en
-1 °31.0
SI
o°
4��o ,
�a-. X30
F
Vt0100(4)L6
L7
0o
SEE SHEET 4
LINE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH
Li 564°49'42"W 18.56 L33 S89°12'00"W 22.85
L2 N68°50'46"W 18.69 L34 S68°41'30"W 32.59
L3 589°12'00"W 26.69 L35 548°29'29"W 39.01
L4 517°14'47"W 22.12 L36 S01°32'44"W 13.68
L5 515°55'16"E 12.47 L37 566°15'51"E 14.75
L6 S22°40'31"E 11.19 L38 N71°26'46"E 14.41
L7 503°49'59"W 19.53 L39 N85°09'34"E 31.79
L28 N06°03'27"W 32.87 L40 N26°32'14"E 36.69
L29 N30°16'10"E 10.32 L41 N65°14'54"E 5.62
L30 N50°47'21"E 31.33 L42 N09°07'49"E 15.37 NORTH
L31 N64°46'56"E 29.73 L43 S 22°53'41"W 4.26'
l<13ff L32 N70°58'54"E 25.90 L44 N 22°53'41"E 3.10'
SCALE:1"=40'
EXHIBIT MAP DATE: _ 23 MAY 2022
W-TL-2S102BB832-VEG-CORR DRAWN BY: JTD
i11 sPorti Fifth
Ave.,Suite
EASEMENT CHECKED BY: JRD
O:503.227.3251
F:503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.kyR.c°m CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 4
SEE SHEET 3
L7 N
OD
N 89°40'35"W
c) 34.46'
S 08°18'15" E L26 S 72°17'57"W
35.47' L25 16.83'
L24
S 29°19'02" E L23
L22 L21
30.57' ' X20
i
!�
6-
4
<',31
vii
O
PARCEL 2 119
AREA=23,823 SQ.FT. 1�
1.16
\'y<.) 117
FA
PO
Fe OP.
0
°r= 3
�ti
rn0
W
o �y
'y
6
110
LINE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH
L7 S03°49'59"W 19.53 L18 N51°36'29"E 16.83
L8 S46°10'26"E 12.72 L19 N11°53'37"E 5.72
L9 509°01'53"E 24.75 L20 N74°10'27"W 31.28
L10 N74°28'46"E 6.62 L21 N85°58'27"W 20.23
L11 N52°28'03"E 18.50 L22 N63°43'26"W 9.01
L12 N35°35'47"E 32.12 L23 N22°29'28"W 9.16
L13 N45°56'03"E 25.74 L24 N77°44'26"W 6.87
L14 N60°35'10"E 30.98 L25 N07°53'06"E 16.38
L15 N53°48'29"E 25.21 L26 N53°24'29"W 4.24 =NORTH =_
L16 N77°07'54"E 10.48 L27 N23°42'41"W 19.32
1q3ff L17 S72°47'32"E 8.74 L28 N06°03'27"W 32.87
SCALE:1"=40'
EXHIBIT MAP DATE: 23 MAY 2022
111 SW Firth Ave.,swce 2400 W TL 2510268832 VEG CORR DRAWN BY: JTD
Portland,OR 97204 EASEMENT CHECKED BY: JRD
O:503.227.3251
F.503.274.4681 NW 1/4 SEC.2/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.knff com
CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4