2023-017233 ~ Washington County,Oregon 2023-017233
04/27/2023 11:44:14 AM
D-R/B Cnt=1 Stn=7 C LOUCKS
$50.00$5.00$11.00$60.00-Total=$126.00
11111 III IIU 11
IIUIII I 111111 II
After recording return to: 02939860202300172330100107
I,Joe Nelson,Director of Assessment and Taxation "; .
and Ex-Officio County Clerk for Washington County ,T `
Clean Water Services Oregon,do hereby certify that the within instrument of i
2550 SW Hillsboro Highway writing was received and recorded in the book of iy
records of said county. ���w
Hillsboro,OR 97123 `
Mail Stop 10 Joe Nelson,Director of Assessment and Taxation,Ex- ��`'�'`�
Officio County Clerk
Grantor:
Metro
600 NE Grand Avenue
Portland,OR 97232
DECLARATION AND RESTRICTIVE COVENANT
Parties: METRO (Metro)
And: CLEAN WATER SERVICES (District)
RECITALS
A. Metro owns the real property located in the City of Tigard,Washington County, State of
Oregon commonly known as tax lot 2S101CC00100 (Property).
B. The Property is managed as a natural area consistent with Metro natural area management
objectives,including maintaining native vegetation for water quality and habitat.
C. The Property is the subject of a land use application submitted by the City of Tigard (City)to
the City,case file nos.CPA2021-00001,CUP2021-00002,and SLR 2021-00001. City
obtained permit approval via Ordinance No.21-12 to construct a regional trail connection
through a portion of the Property conditioned upon providing mitigation and enhancement
in the portion of the Property described and depicted in attached Exhibit A(Mitigation
Area).
D. Pursuant to Section 3.06.3 of District's Design and Construction Standards (Standards)
District would usually require Metro to grant District an easement over the Mitigation Area
as a condition of approving the land use application.
E. In lieu of granting an easement to District,Metro is willing to record this Declaration and
Restrictive Covenant(Covenant) over the Mitigation Area.
Page 1-Declaration and Restrictive Covenant
Metro and District agree as follows:
1. Metro will manage the Mitigation Area to meet the requirements of District's Service
Provider Letter No.20-002905 and Metro Parks and Nature's natural area management
objectives as long as Metro owns the Property.
2. If Metro proposes to encroach into the Mitigation Area,Metro must notify District and
propose an alternate mitigation area and secure a service provider letter from District
consistent with District Standards.
3. If District approves an alternate Mitigation Area,the parties will prepare and record an
amendment to this Covenant to identify the alternate mitigation area,which will be
governed by the terms of this Covenant.
4. Prior to any transfer of Metro's ownership interest in the Mitigation Area to a non-party,
Metro must convey an easement over the Mitigation Area to District substantially in the
form attached as Exhibit B (Easement) for the purpose of maintaining native vegetation and
preventing inconsistent uses of the mitigation and enhancement site. Metro will notify
District of Metro's intent to transfer and record an easement benefiting District.
5. Upon transfer and recording of the Easement,this Covenant automatically terminates
without further action. If necessary and requested by Metro,District will execute a Release
confirming termination of this Covenant after the Easement is recorded.
6. This Covenant may not be modified or amended except by written agreement executed by
Metro and District. District has standing,and may bring an action in a court of competent
jurisdiction to enforce all obligations established by this Covenant and to enjoin violations.
Prior to bringing any action, Metro and District must meet in an effort to resolve the
dispute. In no event is the failure to enforce any action deemed a waiver of the right to do
so. This Covenant creates no rights or benefits in third parties.
7. Metro intends that this Covenant and the burdens and benefits created herein will be a
condition and covenant that run with the land and will be binding upon and inure to the
parties hereto,their heirs,successors and assigns.
Page 2- Declaration and Restrictive Covenant
Metro,
an Oregon municipal corporation
\ / , Or
By:
Chief Operating Office I
STATE OF OREGON,County of Multnomah)ss. ,�pp -
The foregoing instrument was acknowledged before me this a day of I"YI GLrGPI , 20 a3
by Marissa Madrigal,Chief Operating Officer,Metro.
T".- OFFICIAL STAMP `
h�' '' KATHERINE LEE MOON Notary Public fo tate of Ore on
� .) NOTARY PUBLIC-OREGON My Commission Expires: g OCabOdS
u '. COMMISSION NO.1015057
MY COMMISSION EXPIRES AUGUST 02,2025
Clean Wa - Services
aid,
By: �M
C, f Executive Officer or Designee
STATE OF OREGON,County of Washington) ss. qq
The fore oingiiinstrument was acknowled:•d before me his day of �-l"�YLL , 20 Z3
by_ . io54.Pt I t.GR as the_ 1 i l ,• Clean Water Services.
"�: OFFICIAL STAMP
C!TX JACKIE SUE HUMPHREYS
NOTARY PUBLIC-OREGON l
N.„ COMMISSION NO.1024151 ��� x ,,
MY COMMISSION EXPIRES MAY 05,2026 Nota Vfi
Notary Public for tate of Orqgo
My Commission Expires: 6 l`5'(Z1 `Z4'
APPROVED AS TO FORM
vka c tlk&
District Counsel
Page 3- Declaration and Restrictive Covenant
EXHIBIT A
TL-2S101CC100-VEG-CORR
MITIGATION AREA
JOB NO. 1500087
24 MAY 2022
LEGAL DESCRIPTION
TWO TRACTS OF LAND BEING PORTIONS OF THAT PARCEL OF LAND DESCRIBED IN STATUTORY WARRANTY DEED
TO METRO,AN OREGON MUNICIPAL CORPORATION IN DOCUMENT NUMBER 99073022,WASHINGTON COUNTY
DEED RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1,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 BONITA INDUSTRIAL PARK PLAT,WASHINGTON COUNTY
PLAT RECORDS;THENCE NORTH 58°51'26"WEST 115.80 FEET TO TRUE POINT OF BEGINNING;THENCE NORTH
22°38'18"WEST 20.35 FEET;THENCE NORTH 35°37'20"WEST 38.63 FEET;THENCE NORTH 47°13'45"WEST
37.12 FEET;THENCE SOUTH 14°20'43"WEST 6.41 FEET;THENCE SOUTH 52°05'50" EAST 13.11 FEET;THENCE
SOUTH 41°51'26" EAST 20.98 FEET;THENCE SOUTH 46°08'00" EAST 10.59 FEET;THENCE SOUTH 23°17'11" EAST
10.76 FEET;THENCE SOUTH 33°56'57" EAST 10.42 FEET;THENCE SOUTH 21°36'35" EAST 35.19 FEET;THENCE
NORTH 11°50'40" WEST 5.43 FEET;THENCE NORTH 18°31'07"WEST 7.76 FEET;THENCE NORTH 86°59'54" EAST
7.75 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 592 SQUARE FEET OR 0.014 ACRES (MORE OR LESS).
TRACT 2
COMMENCING AT THE NORTHEASTERLY CORNER OF BONITA INDUSTRIAL PARK PLAT, WASHINGTON COUNTY
PLAT RECORDS;THENCE SOUTH 47°47'27"WEST 171.20 FEET TO TRUE POINT OF BEGINNING;THENCE NORTH
19°24'20"WEST 26.53 FEET;THENCE NORTH 02°46'08" EAST 11.21 FEET;THENCE NORTH 03°39'57"WEST 17.06
FEET;THENCE NORTH 09°36'55"WEST 15.85 FEET;THENCE NORTH 39°11'53" EAST 7.37 FEET;THENCE NORTH
25°08'33" EAST 10.55 FEET;THENCE NORTH 13°57'09" EAST 10.61 FEET;THENCE NORTH 03°49'23"WEST 8.96
FEET;THENCE NORTH 40°55'38" EAST 16.47 FEET;THENCE NORTH 04°10'34" EAST 17.65 FEET;THENCE NORTH
02°40'07"WEST 18.31 FEET;THENCE NORTH 11°22'22"WEST 9.22 FEET;THENCE NORTH 21°52'48"WEST 18.43
FEET;THENCE NORTH 36°03'35"WEST 9.45 FEET;THENCE NORTH 47°16'23"WEST 19.38 FEET;THENCE NORTH
31°56'10"WEST 9.46 FEET;THENCE NORTH 41°11'12"WEST 15.97 FEET;THENCE SOUTH 84°13'45"WEST 5.12
FEET;THENCE SOUTH 42°27'30" EAST 25.74 FEET;THENCE SOUTH 34°28'51" EAST 25.74 FEET;THENCE SOUTH
23°18'48" EAST 21.24 FEET;THENCE SOUTH 08°57'19" EAST 21.24 FEET;THENCE SOUTH 05°24'09"WEST 21.24
FEET;THENCE SOUTH 19°45'38"WEST 21.24 FEET;THENCE SOUTH 23°37'23"WEST 25.48 FEET;THENCE SOUTH
05°25'13"WEST 25.60 FEET;THENCE SOUTH 10°33'18" EAST 25.60 FEET;THENCE SOUTH 28°45'28" EAST 25.48
FEET TO THE TRUE POINT OF BEGINNING.
PAGE 1 OF 4
CONTAINING 1,230 SQUARE FEET OR 0.028 ACRES(MORE OR LESS).
THE BASIS OF BEARINGS IS THE OREGON COORDINATE REFERENCE SYSTEM (OCRS), PORTLAND ZONE.
THETRACTS 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
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DOC.NO.99073022 p
RECT.233749r, 013 TRACT 2 TRACT 1
t-1 AREA=1,230 SQ.FT.
N 02°40'07"W
r.
m 18.31' POINT OF—
/ COMMEMN
$05°24'09"W NELY CORNERENCBONITETA
21.24' INDUSTRIAL PARK PLAT
SEE SHEET4
LINE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH
L1 S14°20'43"W 6.41 L8 N86°59'54"E 7.75
L2 552°05'50"E 13.11 L9 N11°22'22"W 9.22
L3 546°08'00"E 10.59 L10 N21°52'48"W 18.43
L4 S23°17'11"E 10.76 L11 N36°03'35"W 9.45
L5 533°56'57"E 10.42 L12 N31°56'10"W 9.46
NORTH
L6 N11°50'40"W 5.43 L13 S84°13'45"W 5.12
1q3ff L7 N18°31'07"W 7.76
SCALE:1"=20'
EXHIBIT MAP DATE: 24MAY2022
TL-2S101CC100-VEG-CORR DRAWN BY: JTD
111 SW Fifth Ave.,Suite 2400
Portland,OR 97204 MITIGATION AREA CHECKED BY: JRD
O:503.227.3251
F:503.274.4681 SE 1/4 SEC.1/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.ton.r°m CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 3 OF 4
SEE SHEET 3
oar
a, N
IN N N 04°10'34" E
0 17.65'
tn
DOC.NO.99073022 y HN 40°55'38" E
RECT.233749 c) N 16.47'
' / N 03°49'23" W
3 8.96'
N �•dN 13°57'09" E
°
11
)iI1ø11#1
10.61'
cl
N 25°08'33" E POINT OF
10.55' COMMENCEMENT
N 39°11'53" E NE'LY CORNER BONITA
..:.• Or( 7.37' INDUSTRIAL PARK PLAT
ami O /
t0
N „.N 09°36'55" W
o N 15.85' /
�TRACT 2 � /
AREA=1,230 SQ.FT.
N 03°39'57"W X"/
IP
o 17.06'
� w /
c o N 02°46'08" E /
11.21'
m /do
St
sV) . CI6,aQ /�°�
e3 17. '�Aso /
TRUE POINT OF17 v.), �L/
BEGINNING I 0,
TRACT 2
NORTH _
liq3ff SCALE:1"=20'
EXHIBIT MAP DATE: 24 MAY 2022
TL-2S101CC100-VEG-CORK DRAWN BY: JTD
111 SW Fifth Ave.,Suite 2400
Portland,OR 97204 MITIGATION AREA CHECKED BY: JRD
0:503.227.3251
F:503.274.4681 SE 1/4 SEC.1/T.2 S./R.1 W./W.M. PROJECT NO. 1500087
www.koff.com CITY OF TIGARD/WASHINGTON COUNTY/OREGON SHEET: 4 OF 4
EXHIBIT B
Easement for Water Quality Preservation and
Storm and Surface Water Drainage
RETURN TO: Clean Water Services
Mail Stop 10
2550 SW Hillsboro Highway
Hillsboro,OR 97123
Project:
Tax Lot No.:
Square Feet:
EASEMENT FOR WATER QUALITY AND HABITAT PRESERVATION
GRANTOR'S NAME:
ADDRESS:
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 and habitat preservation. 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 mitigation plantings 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.
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 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 maintenance 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, 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.
Individual Grantors Sign Below Corporate, LLC, Partnership,Trust or Other Legal Entity
Sign Below
Grantor(Individual)
(Entity name)
Date:
By:
(Sign here for entity)
Title:
Grantor( Individual)
Date:
Date:
ACCEPTED APPROVED AS TO FORM
By:
Chief Executive Officer or Designee
Clean Water Services District Counsel
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
Notary Public
[Use this notary block if GRANTOR is an entity.]
STATE OF )
County of )
This instrument was acknowledged before me on (date)
by (name of person)as
(title)of (name of entity).
Notary Public