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HomeMy WebLinkAbout2021-049262 - Ped Easement - Fields Apartments • Washington County,Oregon 2021-049262 04/22/2021 02:29:06 PM D-E Cnt=3 Stn=8 ]CHOATE $45.00$10.00$5.00$11.00$60.00-Total=$131.00 AFTER RECORDING RETURN TO: City of Tigard 027486692021 0492620090093 13125 SW Hall Blvd I,Joe Nelson,Interim Director of A ment and �- Tigard OR 97223 Taxation and Ex-Officio 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 UNTIL A CHANGE IS REQUESTED Joe Nelson,Interim Director of Assessment and _ Taxation,Ex Offlcio County Clerk SEND TAX STATEMENTS TO: No Change This space is reserved for recorder's use. PERMANENT PUBLIC BRIDGE,BICYCLE,AND PEDESTRIAN EASEMENT This Permanent Public Bridge, Bicycle, and Pedestrian Easement ("Easement") is made this day of Amu„ , 2021 ("Effective Date"), by and between Fields Apartments Limited Partnership, an Oregon limited partnership ("Grantor"), and the City of Tigard, an Oregon municipal corporation("Grantee"). AGREEMENT 1. Affected Property. Grantor owns the following described real property located in Washington County, Oregon(the"Property"): As shown on the attached legal description of property in EXHIBIT "A", incorporated herein. 2. Grant of Easement. For good and valuable consideration, Grantor hereby grants to Grantee, its successors and assigns, and Grantee hereby accepts, a permanent public bridge, bicycle,and pedestrian easement for a portion of Grantor's Property as described in EXHIBIT"B" and depicted in EXHIBIT"C",which are attached and incorporated herein(the"Easement Area"). 3. Scope of Easement. Grantee and its agents, employees, officers, consultants, contractors and other persons entering the Easement Area under the express or implied invitation or consent of Grantee (collectively, "Grantee Parties"), shall have the right to access, enter upon and use the Easement Area to plan, construct,install,repair,maintain,and operate a multi-purpose public bicycle and pedestrian trail and bridge, along with related facilities, for recreational and transportation purposes. Grantee and Grantee Parties may remove trees, shrubs, brush,pavement and other hardscapes, and other improvements located within the Easement Area as necessary to accomplish these purposes. The Easement shall perpetually encumber the Property. Notwithstanding, if construction of the bridge has not commenced within five (5)years from the date of execution of this Agreement, the City will review this Agreement to determine if the Easement should be relinquished or modified. 4. Non-Exclusive Grant. Grantor shall not locate any structures within the Easement Area. Grantor reserves the right to use the Easement Area for all other purposes that do not Page 1 —BRIDGE,BICYCLE,AND PEDESTRIAN EASEMENT unreasonably interfere with Grantee's permitted uses of the Easement Area, in accordance with the other terms of this Easement. 5. Bridge Design and Construction. In recognition of Grantor's contribution to the preliminary engineering of the bridge, Grantee will reasonably attempt to integrate Grantee's design concepts into the final bridge design,subject to financial,engineering,and other constraints as determined by Grantee. Grantee shall, in its sole discretion, select the final bridge design. Grantee agrees to coordinate construction of the bridge with Grantor so as to avoid conflict with Grantor's development of the Property to the greatest extent practicable. 6. Repair,Maintenance,and Restoration of Bridge. Grantee agrees to maintain the bridge and to repair or restore any damage to the bridge. 7. 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 Paragraph 9 of this Easement. 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 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. 8. 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,on the business day delivered ("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: Walter"Skip"Grodahl Fields Apartments Limited Partnership Three Centerpointe Dr; Suite 130 Lake Oswego, OR 97035 If to Grantee: City of Tigard Attn: Public Works Director 13125 SW Hall Blvd Tigard, OR 97223 Page 2—BRIDGE, BICYCLE,AND PEDESTRIAN EASEMENT With a copy to: City of Tigard Attn: City Attorney 13125 SW Hall Blvd Tigard, OR 97223 9. General. This Easement shall run with the land and shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. No third-party beneficiary rights are created by this Easement. Time is of the essence with respect to the performance of the obligations set forth in this Easement. 10. 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. 11. Recording. The parties shall submit this Easement for recording in the real property records of Washington County. Grantee shall pay the recording fee. 12. Amendment. This Easement may be amended only by an instrument in writing signed by both Grantor and Grantee. [Signature Page to Follow] Page 3 —BRIDGE,BICYCLE,AND PEDESTRIAN EASEMENT GRANTOR: GRANTEE: Fields Apartments Limited Partnership, City of Tigard, an Oregon municipal an Oregon limited partnership corporation By: DBG FIELDS APARTMENTS LLC, an Oregon limited liability company, By: Y Managing General Partner Name: V--.l2-1 AtNi T j E U C-A Ji-- �/� Its: PU C vJx�,c-� Pt C-Ecrei2- By: Water O. Grodahl Its: Managing General Partner STATE OF OREGON ) ) ss. County of MULTNOMAH) This instrument was acknowledged before me on April 1, 2021, by Walter O. Grodahl,III as Managing General Partner of DBG Fields Apartments LLC, an Oregon limited liability company, general partner of Fields Apartments Limited Partnership. ,. ) OFFICIAL STAMP ""' MELORA SU BANKER z^ ,:t B �ca\.4": ;r NOTARY PUBLIC-OREGON `` COMMISSION NO.980760 NOTARY PUBLIC FOR OREGON ,e �, MY COMMISSION EXPIRES OCTOBER 28,2022 My Commission Expires: October 28, 2022 STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on 40€1C' 7.4 , 2021, by F12.0n1 as N___ ___mf::r6___autApaf the City of Tigard, an Oregon municipal corporation. r,% OFFICIAL STAMP t:_ " :; EDGARDO OR ADO NOTARY IRLIC FOR OREG N u. •2, Nk-y . NOTARY PUBLIC OREGON es9 COMMISSION N0 991417 My Corn fission Expires: /� a/�2723 MY COMMISSION EXPIRES OCTOBER 01,2023 Page 4—BRIDGE,BICYCLE,AND PEDESTRIAN EASEMENT EXHIBIT "A" Grantor Property Legal Description Parcel 2,Partition Plat 2021-bo%recorded as document number 2021- tn+1 2.5-L, ,City of Tigard, County of Washington and State of Oregon. EXHIBIT "B" Easement Area Legal Description EXHIBIT "B" LEGAL DESCRIPTION PROPOSED BRIDGE EASEMENT December 8, 2020 (Otak#17052) A portion of that property described in Warranty Deed to Fields Apartments Limited Partnership recorded October 24, 2018 as Document No. 2018-072828, Washington County Records, in the northwest quarter of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, more particularly described as follows: BEGINNING at a point on a line parallel with and 52.00 feet northeasterly of the southwest line of said property South 40°33'09" East a distance of 38.25 feet from a 5/8 inch iron rod with yellow plastic cap marked "OTAK INC" found at the intersection of the northeast right of way line of S.W Wall Street being 52.00 feet wide and the west line of said property, said iron rod being North 30°58'44" East a distance of 54.80 feet from the most westerly corner of said property; thence North 49°29'58" East a distance of 18.90 feet; thence northeasterly along the arc of a 38.00 foot radius curve to the left through a central angle of 18°29'33" an arc length of 12.26 feet (chord bears North 40°15'11" East 12.21 feet); thence North 31°00'25" East a distance of 273.99 feet; thence South 59°20'02" East a distance of 100.09 feet; thence South 31°00'11" West a distance of 37.79 feet; thence North 58°59'49" West a distance of 28.76 feet; thence South 18°41'36" West a distance of 146.35 feet; thence South 49°59'31" West a distance of 152.45 feet to a point on said parallel line; thence along said parallel line, North 40°30'02" West a distance of 64.22 feet to the POINT OF BEGINNING. Contains 27,029 square feet, more or less. EXHIBIT "C" Easement Area Depiction 1 / / ',/ °�$�©3424 •// // , ,, G N�.2 / / / PARCEL 1 pp / ,;' 6'PUBLIC PEDESTRIAN / t ;� AND BICYCLE ACCESS / ,�j EASEMENT PER PLAT a �j 0,540 0,9"/ 24'PRIVATE VEHICLE . ` 'r` S31 0011"W ACCESS&CITY SEWER / '�.•• 37.79' EASEMENTS PER PLAT ` /` $ R=38.00'L=12.26' V /Es N528.76 949"W 2°1$"\ �,P�4l A=18°29'33"1 `� � 'Q�G•N \ CH=12.21' I PENDING FIELDS <>` e N40°15'11"E ,44r /4 PARTITION PLAT N49°29'58E 18.90' �� ' , t '� / ear PROPOSED BRIDGE S40°33'09"E 38.25' , . /, APPROACH IMPROVEMENTS �` . /4� - ,,„ PROPOSED PEDESTRIAN BRIDGE 4- /. /off` �`� APPROACH/LANDING EASEMENT P.O.B. ilo., '`' 27,029 SQUARE FEET PROPOSED v)c./'`5/, \ PEDESTRIANit- \ BRIDGE , �j`L \ 15, � 9 PARCEL 2 .# i , \ \\Qt 'P 8'PUBLIC UTILITY c.��� ` EASEMENT PER PLAT VAN s I4110°_0�2° �F A���F 2S1°� -rG \ 0v \ \ SCALE: 1"=100' Otak \ \ \ //44 \ EXHIBIT C 808 SW 3td Ave.,Ste.800 EASEMENT AREA DEPICTION Portland, 80 IN THE SW 1/4,SECTION 1,TOWNSHIP 2 SOUTH, Phone: Oregon 7 0 RANGE 1 WEST,WILLAMETTE MERIDIAN www.otak.com3)28 CITY OF TIGARD, WASHINGTON COUNTY,OREGON project: 17052 DECEMBER 8,2020