2023-052099 ~ SW Dartmouth Street ~ SW 72nd Ave Washington County,Oregon 2023-052099
D-E
AFTER RECORDING RETURN TO: stn=61 N MEJIA 12/19/2023 03:30:39 PM
$55.00$11.00$5.00$60.00 $131.00
City of Tigard I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
13125 SW Hall Blvd.: County Clerk for Washington County,Oregon,do hereby certify that
the within instrument of writing was received and recorded in the
Tigard, OR 97223 book of records of said county.
Joe Nelson, Director of Assessment and
Taxation, Ex-Officio County Clerk
UNTIL A CHANGE IS
REQUESTED SEND TAX
STATEMENTS TO:
No Change
This space is reserved for recorder's use.
GREENWAY EASEMENT
For good and valuable consideration, WinCo Foods, LLC,a Delaware limited liability
company, which acquired title as WinCo Food, LLC,a Delaware limited liability company
("Grantor"), hereby grants and conveys unto the City of Tigard, an Oregon municipal
corporation ("Grantee"), a perpetual greenway easement ("Easement") on, over, across, and under
Grantor's real property located in Washington County, Oregon, described and depicted in the
attached Exhibit "A" ("Easement Area"), pursuant to the following terms and conditions:
1. Effective Date. This Easement shall become effective on the date of the last signature
below (the "Effective Date").
2. Purpose and Scope of the Easement.The purpose of this Easement is for water
quality preservation; storm and surface water drainage; and general public access and use on,
over, and across the Easement Area of a public trail for pedestrians, bicycles, and other
recreational uses. 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. Grantee, its contractors and agents, also shall have the right to
use, access, and enter upon the Easement Area to install, construct, use, and maintain the
facilities and improvements in the Easement Area. Grantee may use equipment and vehicles
deemed appropriate by Grantee for such purposes.
3. Grantor's Use and Restrictions.This non-exclusive Easement shall run with the land
and be binding on Grantor's heirs, successors, and assigns. Grantor may, however, use the
Easement Area for public use, as stated herein, provided such use does not interfere with or
restrict Grantee's or the public's rights of use or access, as stated herein, or obstruct the
Easement Area in any way. Grantor shall not construct any permanent or temporary structure
within the Easement Area.
Page 1 - GREENWAY EASEMENT
Grantor agrees that there shall be no filling, excavating or dredging; nor 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. Notwithstanding the foregoing, Grantor shall have the
right, in coordination with Grantee, to excavate, dredge, remove topsoil, sand, gravel, rock,
minerals, maintain the storm detention ponds, and repair and replace the storm lines associated
with such drainage as identified on the attached Storm and Underdrain Plan. Coordination is
intended to minimize conflicts between the Parties' respective work in the Easement Area and
not to interfere with Grantor's rights to discharge its storm water within the Easement Area.
Grantor agrees that there shall be no damming, dredging or other activities that may be
detrimental to water quality or storm water flow 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. All subject to Grantor's rights
stated above, which shall not be limited by this easement.
4. Restoration, Maintenance,and Repair. Grantee will maintain native vegetation and
habitat conditions in the Easement Area to preserve water quality. 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. Grantee will reasonably maintain the trail in a manner that is safe for trail use.
5. Effect and Duration of the Easement. Subject to all prior easements or encumbrances of
record, the rights, covenants and obligations contained in this Easement shall bind, burden and
benefit each party's successors, assigns, invitees and lessees. This Easement shall remain in effect
perpetually, unless vacated by Grantee. In such an event, all rights held by Grantee shall be
forfeited, and the Easement shall immediately revert to Grantor, its successors, and assigns.
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 local, state, or federal laws or regulations.
6. Default and Remedies. If either party violates any of the terms, covenants or
conditions of this Easement, or fails to perform any of its obligations set forth in this Easement
in a timely manner, the other party shall have the right to declare a default by written notice
and, if such default is not cured as provided in this paragraph, may seek available legal or
equitable remedies, including injunctive relief, in the Circuit Court of the State of Oregon in
Washington County. All disputes arising out of this Easement shall be construed in accordance
with Oregon law. Notice shall be given as provided for in Section 7 below. The notice shall
provide a detailed statement(s) of the alleged default. If the defaulting party fails to cure the
default within ten (10) days from the Delivery Date of the notice (as defined below), or if within
Page 2 -- GREENWAY EASEMENT
such ten (10)-day period that party has not begun to cure a matter that cannot reasonably be
cured in ten (10) days or does not diligently prosecute the cure to completion, then the party
asserting the default may pursue the remedies described in this paragraph. Once notice of
default has been given, no additional notice shall be required in order to exercise the remedies
provided for in this paragraph.
7. Notices. All notices, approvals, consents or requests given or made pursuant to this
Easement shall be deemed delivered: (a) upon receipt by personal delivery when written
acknowledgment of receipt thereof is given; (b) if given by United States mail, certified mail,
return receipt requested, with postage prepaid, two (2) days after it is deposited in the mail; or (c)
if given by a nationally recognized overnight carrier prepaid for next business day delivery, upon
the business day delivered ("Delivery Date"). Copy of the notice must also be sent by electronic
mail (email) when made to Grantee. Notwithstanding, email delivery does not change the
Delivery Date. Notices shall be addressed as follows until a new address for notices shall be
designated by notice in the manner provided in this paragraph to all other parties:
If to Grantor: WinCo Foods, LLC, a Delaware limited liability company,
which acquired title as WinCo Food, LLC, a Delaware
limited liability company
ATTN: Mark Lavin
650 N Armstrong P1
Boise, ID 83704
If to Grantee: City of Tigard
Attn: City Engineer
13125 SW Hall Blvd
Tigard, OR 97223
email address:joew@tigard-or.gov
With a copy to: City of Tigard
Attn: City Attorney
13125 SW Hall Blvd
Tigard, OR 97223
email address: shelbyr@tigard or.gov
8. Severability. If any provision of this Easement, or the application thereof to any person
or circumstances shall, to any extent, be held invalid, inoperative, or unenforceable, the
remainder of this Easement, or the application of such provision, to any other person or
circumstance shall not be affected thereby. The remainder of this Easement shall be given effect
as if such invalid or inoperative portion had not been included. It shall not be deemed that any
such invalid provision affects the consideration for this Easement.
9. Amendment.This Easement may be amended only by an instrument in writing signed
by Grantor and Grantee.
Page 3 —GREEN WAY EASEMENT
GRANTOR: GRANTOR:
WinCo Foods,LLC, a Delaware limited WinCo Foods, LLC,a Delaware limited
liability company, which acquired title as liability company, which acquired title as
Wino Food, LLC, a Delaware limited liability Winco Food, LLC,a Delaware limited liability
Company Company
By: -- By: -
Na . saa imbali Na.• . Isaac imball
Its: SVP and CFO Its: SVP and CFO
Date: November 13, 2023 Date: November 13, 2023
GRANTEE:
City of Tigard, an Oregon municipal corporation,
an Oregon municipal corporation,
Accepts and agrees to the terms of this Easement:
By:
Na 'its: a t-'r ► .
Date: _1- y
STATE OF IDAHO )
) ss.
County of Ada )
This instrument was acknowledged before me on November 13, 2023, by Isaac Kimball, as SVP and CFO,
� f •f
of WinCo. U1110. �;'••.
• ••••4.. • ;
= NOTARY PUBLIC FOR IDA
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• le BLl •y My Commission Expires: .4 J 1
STATE OF .i'i'. OF o0,
'4..,•yflp•'I' ) ss.
County of Ada )
This instrument was acknowledged before me on November 13, 2023, by Isaac Kimball, as SVP and CFO,
of WinCo Foods, LLC.
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NOTARY PUBLIC FOR IDAHO
IND•M My Commission Expires: '1/(-7_,I r(-7
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Page 4 GREENWAY EASEMENT
OFFICIAL STAMP
prer ERNESTINA ESCALERA
.-3 NOTARY PUBLIC OREGON:
STATE OF Cefr‘ ...J. COMMISSION NO.008434
MY
®`
EXPIRES MAY 1 L 2024
ss.
County of
IX*C a 1 43-,
This instrument wa,s acknowledged,before me on it /0/3, by
. V\11.5rile , as CiANI - - , of
• _
NOTARY PUBLIC FOR OREGON
My Commission Expires: — 1262-9
Page 5 - GREEN WAY EASEMENT
Exhibit A
City of Tigard WinCo Food,LLC
Red Rock Creek Stabilization and Enhancement Tax Lot 1S136CD 04300
PERMANENT GREENWAY EASEMENT
An easement lying in the southwest one-quarter of Section 36, Township 1 South, Range 1 West of
the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that
property conveyed to WinCo Food, LLC, a Delaware limited liability company in that Statutory
Warranty Deed, recorded April 1, 2004 as Document No. 2004-033301,Washington County Deed
Records, said easement being more particularly described as follows:
Beginning a point on the north line of said property which bears North 86° 44' 25" West 2.79 feet
from a 1/2"iron pipe, shown as 3/a"iron pipe on Survey Number 25160, Washington County Survey
Records; thence leaving said north property line South 01° 13' 13" West 48.00 feet; thence
South 39° 28' 28" West 14.18 feet; thence South 31° 02' 29" West 14.45 feet; thence
South 28° 21' 30" West 121.49 feet; thence South 01° 38' 40"West 307.90 feet; thence
South 38° 52' 13" West 280.30 feet to the northeasterly right-of-way line of SW Dartmouth Street;
thence along said northeasterly right-of-way line and on the arc of a non-tangent 453.00 foot radius
curve to the right(radius point bears North 36° 42' 38"East), through a central angle of 18° 05' 38",
an arc distance of 143.06 feet(the long chord of which bears North 44° 14' 33" West 142.46 feet)to
the westerly line of said property; thence leaving said northeasterly right-of-way line and along the
westerly property line North 32° 27' 26" East 25.09 feet; thence
North 87° 51' 45"East 15.88 feet; thence North 04° 37' 03"West 26.76 feet; thence
North 40° 02' 37"East 46.87 feet; thence North 63° 52' 36"East 17.35 feet; thence
North 04° 38' 11" West 19.85 feet; thence North 30° 37' 00"East 50.50 feet; thence
North 71° 06' 09"East 22.17 feet; thence North 17° 53' 31"East 13.88 feet; thence
North 66° 41' 05"East 12.43 feet; thence North 09° 02' 46"East 14.97 feet; thence
North 59° 56' 37"East 23.13 feet; thence North 14° 13' 16"West 29.48 feet; thence
North 47° 19' 45"East 18.99 feet; thence North 19° 42' 06"West 29.20 feet; thence
North 24° 37' 17"East 27.15 feet; thence North 56° 06' 26"East 32.37 feet; thence
North 26° 16' 09"East 28.27 feet; thence North 13° 14' 06"West 56.70 feet; thence
North 71° 40' 55"East 25.45 feet; thence North 28° 256' 16" East 51.39 feet; thence
North 78° 45' 55"East 31.55 feet; thence North 26° 48' 43"East 68.45 feet; thence
North 15° 55' 20" West 19.63 feet; thence North 51° 39' 14"East 44.29 feet; thence
North 04° 10' 13"East 34.80 feet; thence North 58° 41' 07"East 5.76 feet to said north property
line; thence leaving said westerly property line and along said north property line
South 88° 44' 25"East 21.07 feet to the point of beginning.
The land to which this description applies contains 75,627 square feet, more or less.
The bearings of this description are based on Oregon State Plane Coordinate System of 1983 (2011
adjustment), north zone.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 2003
NGO SUE TSOI
58569LS
RENEWS: 6/30/2024
S86°44'25"E 21.07'
N58°41'07"E 5.76'
N04°10'13"E 34.80' POINT OF BEGINNING
BEARS N86°44'25"W 2.79'
FROM A 1/2"IRON PIPE
N51°39'14"E 44.29' 301°13'13"W 48.00'
/ S39°28'28"W 14.18'
N15°55'20"W 19.63' S31°02'39"W 14.45'
N26°48'43"E 68.45' PARCEL 2
^rye
PPN 1995-013
N78°45'55"E 31.55'— ^�
oti
N
N28°56'16"E 51.39'
PERMANENT GREENWAY EASEMENT
N71°40'55"E 25.45' 75,627 SQ.FT.± (1.736 AC.±)
NI3°14'06"W 56.70'
WINCO FOOD, LLC
DOC. NO. 2004-033301
N26°16'09"E 28.27'
N56°06'26"E 32.37'
N24°37'17"E 27.15 / o
co
N19°42'06"W 29.20'
coco
N47°19'45"E 18.99' voi
N14°13'16"W 29.48' SCALE: 1"=50'
N59°56'37"E 23.13'
SEE SHEET 2 OF 2
SHEET 1OF2 OtaI'
EXHIBIT B
PERMANENT GREENWAY EASEMENT
808 SW 3rd Ave.,Ste.800
IN THE SW 1/4 OF SECTION 36, Portland, Oregon 97204
TOWNSHIP 1 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,
Phone: (503) 287-6825
CITY OF TIGARD,WASHINGTON COUNTY, OREGON www.otak.com
FEBRUARY 3,2023 project: 20089
SEE SHEET 1 OF 2
N24°37'17"E 27.15' o
o?
0
M
N19°42'06"W 29.20'
co
co
N47°19'45"E 18.99' TS
SCALE: 1"=50' N14°13'16"W 29.48'
N59°56'37"E 23.13'
N09°02'46"E 14.97'
N66°41'05"E 12.43'
N17°53'31"E 13.88'
N71°06'09"E 22.17'
7
N30°37'00"E 50.50'
N04°38'11"W 19.85'
N63°52'36"E 17.35'
N40°02'37"E 46.87'
N04°37'03"W 26.76' WINCO FOOD, LLC
\ DOC. NO. 2004-033301
N87°51'45"E 15.88'
N32°27'26"E no
0
25.09' `xr
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oho'
ro
CO
PARCEL 2
g� 15„'4,,,, PPN 1995-013
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0,9'A ,�4.l7 1A
�'�0G 3�'�06', .6, PERMANENT GREENWAY EASEMENT
T,y 75,627 SQ.FT.± (1.736 AC.±)
S).
SHEET 2OF2 Otak
.,,,,, A k
EXHIBIT B
PERMANENT GREENWAY EASEMENT
808 SW 3rd Ave.,Ste.800
IN THE SW 1/4 OF SECTION 36, Portland, Oregon 97204
TOWNSHIP 1 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,
Phone: (503) 287-6825
CITY OF TIGARD,WASHINGTON COUNTY, OREGON www.otak.com
FEBRUARY 3,2022 project: 20089
Exhibit A
City of Tigard WinCo Food,LLC
Red Rock Creek Stabilization and Enhancement Tax Lot 1 S 136DC 04500
PERMANENT GREENWAY EASEMENT
An easement lying in the southwest one-quarter of Section 36, Township 1 South, Range 1 West of
the Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that
property conveyed to WinCo Food, LLC, a Delaware limited liability company in that Statutory
Warranty Deed, recorded April 1, 2004 as Document No. 2004-033301,Washington County Deed
Records, said easement being more particularly described as follows:
Beginning a point on the north line of said property which bears North 86° 44' 25" West 2.79 feet
from a 1/2"iron pipe, shown as a 3/a"iron pipe on Survey Number 25160, Washington County Survey
Records; thence along said north property line South 86° 44' 25" East 54.00 feet; thence leaving said
north property line South 25° 09' 22" West 19.10 feet;thence South 70° 22' 05"West 17.46 feet;
thence South 60° 25' 49"West 17.35 feet; thence South 49° 10' 43"West 20.19 feet; thence
North 01° 13' 13"East 48.00 feet to the point of beginning.
The land to which this description applies contains 1,464 square feet, more or less.
The bearings of this description are based on Oregon State Plane Coordinate System of 1983 (2011
adjustment), north zone.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 2003
NGO SUE TSOI
58569LS
RENEWS: 6/30/2024
SCALE: 1"=20'
POINT OF BEGINNING I
BEARS N86°44'25"W 2.79'
FROM A1/2"IRON PIPE
S86°44'25"E 54.00'
I
,47)$'11
O2 PERMANENT GREENWAY EASEMENT
g1 °11 46
3
41.
ot
1,464 SQ.FT.± (0.034 AC.±)
z S6�°X1
33
WINCO FOOD, LLC
DOC. NO. 2004-033301
PARCEL 2
PPN 1995-013
Otak
EXHIBIT B
PERMANENT GREENWAY EASEMENT 808 SW 3rd Ave.,Ste.800
IN THE SW 1/4 OF SECTION 36, Portland, Oregon 97204
TOWNSHIP 1 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,
Phone: (503) 287-6825
CITY OF TIGARD,WASHINGTON COUNTY, OREGON www.otak.com
FEBRUARY 3,2023 project: 20089