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Home My WebLink About2024-040503 ~ SW Hunziker Road ~ SW 77th Place Washington County,Oregon 2024-040503 D-E Stn=2 S AKINS 09/18/2024 11:23:29 AM $60.00$11.00$5.00$60.00 $136.00 I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio After recording return to: County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. Ty Wyman,Esq. Joe Nelson, Director of Assessment and Dunn Carney Allen Higgins&.Tongue LLP Taxation, Ex-Officio County Clerk 851 SW Sixth Avenue, Suite 1500 Portland,OR 97204-1357 No Change in Tax Statements STORM DRAINAGE EASEMENT Qtq THIS STORM DRAINAGE EASEMENT("Easement") is made and entered into this day of September, 2024, by Tigard77TM. LLC, an Oregon limited liability company, as to an undivided 25% interest; Tigard77DM, LLC, an Oregon limited liability company, as to an undivided 25% interest; ASAP VENTURES, LLC, an Oregon limited liability company, as to an undivided 12.5% interest; KFF VENTURES, LLC, an Oregon limited liability company, as to an undivided 12.5%interest; and SW HUNZIKER LLC, an Oregon limited liability company, as to an undivided 25%interest, all as tenants in common(collectively referred to herein as"Grantor"),and CITY OF TIGARD("Grantee"),collectively referred to as the"Parties." RECITALS: A. Grantor owns certain real property located in the City of Tigard, Washington County, Oregon and more specifically described on Exhibit A, attached hereto and made a part hereof(the"Property"). B. In order to provide Grantee the right to access, maintain, repair, replace, use, utilize, and operate the storm water pipeline and drainage system, the Grantor has agreed to grant to the Grantee an easement over, across, in, along, on, under, and through the Property to access, maintain, use, utilize, improve and operate the storm water pipeline in order to provide drainage and other water-related services for the mutual benefit of the City, the Property and adjacent properties on the terms and conditions set forth herein. The parties agree as follows: AGREEMENT: 1. Consideration for Easement. The consideration for this Easement consists of the mutual promises contained herein and ten dollars ($10), the receipt and sufficiency of which is hereby acknowledged. PAGE I.—STORM DRAINAGE EASEMENT DCAPDX\5282598.v2 2. Grant of Easement by the Grantor. Grantor hereby grants to the Grantee a non- exclusive easement over that portion of the Property as minimally necessary for accessing, maintaining, inspecting, installing, connecting, repairing, replacing and operating the storm water drainage pipeline depicted in Exhibit B, over, across, in, along, on, under, and through the portion of the Property beginning at the pipe intake location along Highway 217 on the north eastern corner of the Property and terminating on and under the non-exclusive easement for ingress and egress to and from the Property at SW 77th Place for the purposes and uses described in this Agreement(the"Easement Area"). 3. Permitted Uses. Grantee may use the Easement Area only as reasonably necessary for the operation, maintenance, inspection, installation, connection, repair, maintenance and replacements necessary and appropriate to the uses of the drainage system, with all connections and pipelines underground or above ground appurtenances thereto together with a right of reasonable access to the Easement Area from and across the Property for all activities in connection with the purposes for which the Easement has been granted; and fbr all purposes reasonably related to or desirable for the fulfillment of the above permitted uses (the "Permitted Uses"). The Grantee will not remove or destroy any improvement on the Property without providing the Grantor with reasonable advance written notice. Grantee shall promptly repair or replace any such removed or destroyed improvement at Grantee's sole expense unless Grantor otherwise expressly agrees in writing. 4. Covenant Not to Interfere; Reservation of Rights. Both parties covenant that they shall take no action that unreasonably interferes with the other party's access to and enjoyment of the storm drainage easement and related pipelines that are the subject of this Easement. Grantee shall access such Easement Area only as reasonably necessary for the Permitted Uses. Except as expressly set forth in this Easement, each party reserves all rights in their property not expressly granted herein, including the right to use their property for any lawful purpose that does not interfere with the Easement or the Permitted Uses. 5. Required Notice. Grantee shall provide Grantor with not less than seventy-two (72) hours prior written notice of Grantee's intention to commence work in, on or under the Easement Area and Grantee's proposed route across Grantor's Property not within the Easement Area, if any, except in the event of an emergency. Grantee is not required to provide notice to Grantor when Grantee is accessing the Property but not performing work that disturbs the ground. Any notice required or permitted under this Agreement will be in writing and deemed effective; (1) when actually delivered in person, (2) one business day after deposit with a commercial courier service for next day delivery (3) two business days after having been deposited in the United States mail as certified or registered mail, or (4) when transmitted by electronic mail (e- mail) to the parties as follows: PAGE 2—STORM DRAINAGE EASEMENT DCAPDX\5282598.v2 If to Grantor: Tigard77TM, LLC 212 W Ironwood Dr. Suite D, Box 273 Coeur d'Alene, ID 83814 If to Grantee: City of Tigard Attn: City Engineer 13125 SW Hall Blvd. Tigard, OR 97223 With a copy to: City of Tigard Attn: City Attorney 13125 SW Hall Blvd. Tigard, OR 97223 6. Cancellation of Easement. In the event that Grantee or any other government entity provides or installs any other storm water drainage and management improvements that makes use of the Easement Area and underground storm water pipelines no longer necessary, then the parties agree that they shall cooperate with each other in cancelling and/or nullifying this Easement. In the event Grantee or its successors or assigns should abandon the Easement by ceasing to timely maintain, repair and operate the storm water pipelines and drainage improvements or should otherwise vacate the Easement, the Easement will be forfeited and shall immediately revert to the Grantor, their successors and assigns. 7. Maintenance and Operation. Grantee, at its sole cost and expense, shall at all times maintain improvements to the Easement Area made by or on behalf of Grantee, in good condition and repair and in a safe, clean condition. Grantee will, at its sole cost and expense, promptly repair any damage to the Easement Area and Grantor's property caused by Grantee or its agents, employees or contractors. 8. Appurtenant. The Easement granted herein shall be appurtenant to the properties of the City of Tigard and shall run with the land as to the Property and property owned by the City of Tigard, including any division or partition of such properties. The rights herein shall inure to the benefit of the parties' successors, assigns, agents, contractors, invitees, licensees, permittees, mortgagees and beneficiaries under a deed of trust. 9. Indemnification. Subject to the limitations of the Oregon Tort Claims Act, the Grantee and its successors and assigns agree to indemnify, hold harmless, and defend the Grantor, their successors and assigns, for, from and against any and all claims, costs, expenses (including reasonable attorney fees), losses, damages, fines, charges, actions, or other liabilities of any PAGE 3-STORM DRAINAGE EASEMENT DCAPDX\5282598.v2 description directly arising out of the negligence or intentional misconduct of the Grantee, or its agents, employees, or invitees in the use of the Easement. 10. Attorney Fees and Expenses. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party their attorney fees, costs and expenses in such sum as the court or arbitrator may adjudge reasonable, incurred at trial, and on appeal of such suit or action, in addition to all other sums provided by law. 11. Effective Date. The Easement granted herein shall be effective as of the date first written above. 12. Counterparts. This Agreement shall be executed in duplicate original, or in one or more counterparts, all of which shall be considered one and the same Agreement and shall be effective when one or more counterparts have been signed and delivered to Grantor and Grantee. [SIGNATURES AND ACKNOTTIEDGEMEATS ON FOLLOWING PAGES] PAGE 4—STORM DRAINAGE EASEMENT DCAPDX\5282598.v2 • TN WITNESS WHEREOF, this Agreement was executed on the day and year first above written. GRANTOR: TIGARD77TM. LLC.an Oregon limited liability company By: :' __-__ Name: - ` Its: Date STATE OF4:34;E' N ka- ) County of (te l O,.-4,o4 ) On 4-2024, before me personally appeared who acknowledged to me that he/she executed the same in I /hcr authorized ca ity, and that by his/her signature on the instrument the person. or the entity upon behalf of which the person acted, executed the instrument. ;..... /04 �.,�__ F�.AGG(` S ANDERSON / 1 • _, _: ;cam f " Neri:r,,F'ut;rc NOTA` .I PUBLIC FOR .. for thi::.tate.of Montana " �'74MG..+ Residing at- 5 West Y•cUowstor;e.Mer*.lana. �..•... nAy CommissionI 2026 J PAGE i STORM DRAINAGE EASEMENT DC.APDX\52 82598.v 2 GRANTOR: 1 IGARD 7 7DM. LLC.an Oregon limited liability company ByZdjA,,, Crion+LAJ Name: Oe'i9i,j s ilc:,tc.a t lits: i e'o o 00 4C,,F^ Date: `? -1 i.. Li STATE OF Oftt F"001-404 14 ) County of 64x.cl M_------ ) On It ‘f' p.1' 2024. before me personally appeared 3j2 ,LE.c. _ _ who acknowledged to me that he/she executed the same in his/her aut orizh ..e�acit.y. and that by his/her signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. n , ..,...�......,,.7.,...,... Ni.AGCalI✓S ACa!€:)l�f;5 ..' Alr !,,,,. ,� .�'2..�2�f`^-.-.- to The ;; 1,1't, NOT. ' •,�PUBLIC" FOR h t ' 'iJV1L?* etcT My Dot,rz�:sston.Exp;re i < !Jkr.,• Der ember 13.:0e6 PAGE.6 STORM DRAINAGE E\SJ MLN I DCAPDX`t5282598.v2 GRATOR! ASAP VENTURES.LLC,an Oregon hinged liability company By: Name: ;rill E Pt4,*/ Date: STATE OF OREGON Courtly of On 2024, before me person&ly' appeared ' who acknowledgaed to mf2 that hefshe executed the same m his/her authorized3capaeity.and that by his/her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument kll'ARNT PUBLIC:FOR OUGON OFFICAL STAMP l'143.“1 JUVENCIO SUARe.OROZCO NOTARY PURUC-OREGON COMMISSION NM 103043 My COSMO:ZION LIMB OMER TO,. - . P.s6P 7 STORM Dsrout EASEMENT DCA0M\52.82591Tv? GRANTOR: KEE VENTURES.LLC.an Oregon limited ham my company 21"Xr""1; e peiett,,,c ok° V.41, cet— .),,e c. _. ` ;e_ STATE OF OREGON1 (Soho y-of_C41.-wX<I„Aatikftv On 0" , before me personailx appeared who acknowledged to m4 that hs 'shc executed d Ede: same in Iii..`her authorized'capaciryt and that b, his ocr signature on die instrument the person,or the entity upon behalf of which the person acted.executed the instrument. NF ,. 4`k , UI3LIC FOR OREGON OFFICIAL STAMP ;447-44,04 JVE .iO suAnz a ;,. NOTARY Pu J.JC OREGN ` C S O. 1 . 3 T t ` MY COMMISSION EXPIRES OCTOUR10, ° AtDy\"2C25)3.>2 G "C 't4 1 y;1 .4a INtSgt_;'` & .4 anQ9:rtCou1. hability company IR`: a`1't(M t lasq x ,.: �.....�,._._......... ._. ,.,..._.,.__..._ 'J r, j i: OF OREGON (-)at > .. .._ `.�.x f' s 2`6. l7d„ {t's', me 17:.'rs yllatlt' appeared } 11 . `kilo acknowledged to that hcIshe execute(' the i s hit c u nya tier aut uf : and that t?� `.! h `^ienr:.-t.rc on Inc Insulin-1cm the per s.on, (yr the entity upon behalf of yvH °hstheperson acted, I 4 A + ` unt } �. �al;'S xl 4*«ita G.. .r,�...-� A�b.� ��E�-4h sA�`l��s.S�f�..a3� / / f r PtEAL T r " AURORA KAY CONLIN NOTARY 1. FOR R{ 5 F NOOGONTARY PUBLIC ' COMMISSION NO, 1026611 MY COMMISSION EXPIRES SEPTE6SEN 26 2026 DCA P ,X 5 s7 7 43.',; Accepted and Agreed to by the G' NTEE: CITY OF TIGARD: tY7ivs*/16Zrk Date: lies z 0 STATE OF OREGON County of Washington The foregoing instrument was acknowledged before me on_ C-er f.tIviki a r * 2024. by , ine 4v6,,,Aieffiz. of the City of Tigard, an Oregon municipal corporation. OFFICIAL STAMP JESSE BITUIN RAYMUND°,JR NOTARY PUBLIC FOR OREGON NOTARY PUBLIC-• • ef COMMISSION Na 3 12 MY COMMISSION EXPIRES JULY 13,2026 PAGE 10—STORM DRAINAGE EASEMENT DCAPDX\5282598.v2 LEGAL DESCRIPTION EXHIBIT A All that certain real property in the County of Washington,State of Oregon,described as follows: A tract of land in the Southeast one quarter of the Northwest one quarter of Section 1, Township 2 South, Range 1 West,Willarnette Meridian,in the City of Tigard, County of Washington and State of Oregon,described as follows: Beginning at a point which is South 73^03'50^ East 245.0 feet and North 0^22'22^ East 10.04 feet from the southeast corner of that certain tract conveyed to D, H, Overmeyer Warehouse Co., by deed dated April 17, 1965, and recorded in Book 548. Page 414, Deed Records; thence North 0^22'22^ East 273,80 feet; thence South 81~37'38^ East 50.0 feet: thence South 8~32'22^ East 341,15feet m a point on the Beaverton Tigard Highway southerly right-of-way line;thence South 34^17'2U^ East 380.11 feet mepoint; thence South 40~51'53^East 22.23 feet; thence South 0^05'07^ East 385.75 feet, more or less, to a point in the northerly line of3.Vv, Hunziker Road; thence along said Northerly line North 72°03'50"West 396.39 feet,more or less,to the point of beginning. EXHIBIT A DcApox\5282598.v2 STORM WATER DRAINAGE EASEMENT AREA �+, EXHIBIT B i�4`w 'fri+.' t. ' \ \ L_. "" x1 \ Easement for Storm g Sewer Lino-City of Tigard '�4 t400-""', I '�e. BUILDING 1 b°"' i , 2* .I i b lii\ CO ate" 1 � i w 1. I. -, fi .. rixts 1 ' WI yam„*"` i 1 ,,:G *� EXHIBIT B DCAPDX\5282598.v2