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Home My WebLink About2025-014334 - SE 1/4 Section 36, Township S, Range 1 W Willamette Meridian Washington County,Oregon 2025-014334 D-E Stn=7 C LOUCKS 04/03/2025 10:38:27 AM s40.o0$11,00$5.00$60.00 $116.00 AFTER RECORDING RETURN TO: I,Joe Nelson,Director of Assessment and Taxation and ex-Oftcio City of Tigard County Clerk for Washington County,Oregon,do hereby certify that p the within Instrument of writing was recetsed and recorded in the 13125 SW Hall Blvd, book of records of said county. Joe Nelson,Director of Assessment and Tigard,OR 97223 Taxation,Ex-Otrcio 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,U.S. Rank,N.A.as Trustee of the Samuel Stewart Testamentary Trust, formerly known as the Stewart Trust, as to a three-eighths (3/8) interest, and Stewart/Bari Properties, LLC, an Oregon limited liability company, as to a five-eighths (5/8) interest (together "Grantor"), hereby grants unto the City of Tigard, an Oregon municipal corporation ("Grantee"), a perpetual, non-exclusive greenway easement ("Easement") on, over and across the portion of 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 it is recorded in Washington County, Oregon (the"Effective Date"). 2. Existing Encumbrances. Grantee acknowledges and agrees that (i) the Easement is subject to the terms and conditions of all encumbrances of record with respect to the Easement Area as of the Effective Date (collectively, "Existing Encumbrances"), (ii) Grantee has performed its own title research and reviewed the Existing Encumbrances,and(iii)Grantee shall not take any action which violates any Existing Encumbrances. 3. Purpose and Scope of the Easement. The purpose of this Easement and the sole permitted uses of the Easement Area by Grantee is for (i) planting native, non-invasive vegetation for water quality preservation; (ii) preservation of natural storm and surface water drainage; and (iii) reconstructing, operating, maintaining, inspecting, and repairing existing sanitary sewer line and appurtenances. Grantee, its contractors,employees and agents,also shall have the right to access and enter upon the Easement Area from a public right of way for the above purposes. Grantee may use equipment and vehicles deemed appropriate by Grantee for such purposes. No above-ground structures, barriers, fences, buildings,or other improvements of any kind will be installed in the Easement Area. Grantee shall provide written notice to Grantor at least five (5) business days prior to the commencement of any construction work in the Easement Area. Grantee shall appoint a designated contact person for Grantor to communicate with regarding Grantee's activities in the Easement Area, and such contact person shall provide Grantor with written status reports on Grantee's activities in the Easement Area upon request. 4. Use and Restrictions.This Easement shall run with the land and be binding on Grantor's heirs, successors,and assigns. Grantor may,however,use the Easement Area for any use that does not materially and unreasonably interfere with or restrict Grantee's right under the Easement subject to the terms and conditions stated herein. Grantee and Grantor agree 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. 5. Restoration, Maintenance, and Repair. Grantee, at its sole cost and expense, shall at all times maintain all 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 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 by Grantor. Grantor may make additional plantings of Oregon native species within the Easement Area and may prune planted vegetation. Grantee will, at its sole cost and expense, promptly repair any damage to the Easement Area and Grantor's property caused by any Grantee or its agents, employees or contractors 6. No Dedication. Nothing contained herein will be deemed to be a gift or dedication of any portion of the Easement Area to the general public, for the general public, or for any public use or purpose whatsoever. 7. Attorney Fees. In the event of any litigation or other proceedings brought to enforce or interpret this Easement, the prevailing party in such proceedings will be entitled to recover from the other party the reasonable attorney fees and other costs incurred by the prevailing party in the proceedings or any appeal therefrom. 8. Entire Agreement. This Easement constitutes the entire agreement among the parties concerning the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties,oral or written,concerning the terms of this Easement are hereby superseded and merged herein. 9. No Partnership or Third Party Beneficiaries. None of the terms or provisions of this Easement will be deemed to create a partnership between or among the parties, nor will it cause them to be considered joint venturers or members of any joint enterprise. This Easement is not intended nor will it be construed to create any third-party beneficiary rights in any person, including members of the general public. 10. 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 parry's successors, assigns, invitees and lessees. This Easement shall remain in effect perpetually, unless vacated by Grantee or terminated as provided herein. In such an event,all rights held by Grantee shall be forfeited, and the Easement shall immediately revert to Grantor, its successors, and assigns. 11. 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 12. 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 any and all remedies available under applicable law. Once notice of default has been given, no additional notice shall be required in order to exercise the remedies provided for in this paragraph. 12. 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) business 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). 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: Samuel Stewart Testamentary Trust c/o U.S. Bank,N.A. ATTN: Val Meyer PD-WA-T9NR 1420 5th Avenue,9th Floor Seattle, WA 98101 email address: val.meven4usbank.com If to Grantee: City of Tigard Attn: City Engineer 13125 SW Hall Blvd Tigard,OR 97223 email address:joew4tigard-or.gov With a copy to: City of Tigard Attn: City Attorney 13125 SW Hall Blvd Tigard, OR 97223 email address: shelbvr�7a.tigard-or.gov 13. Indemnification. Subject to the limitations of the Oregon Tort Claims Act and the Oregon Constitution, Grantee agrees to defend, indemnify and hold harmless Grantor and its trustees, beneficiaries, directors, officers, members, managers, and employees, and their successors and assigns, for, from and against any and all liabilities, damages, costs (including reasonable attorney fees and other reasonable costs of litigation), expenses, losses, claims, demands, actions, suits, orders and judgments (collectively, "Claims") to the extent such Claims arise out of or relate to (i) Grantee's breach of this Easement; or (ii) Grantee's or its agents', employees' or contractors' negligent act or omission or intentional misconduct. 14. 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. 15. Amendment. This Easement may be amended only by an instrument in writing signed by Grantor and Grantee and recorded in Washington County, Oregon. GRANTOR: Samuel Stewart Testamentary Trust By: U.S. Bank,k,N.A., as Trustee By: �� Name: �/1 L EYES.. _ h Its: c Piees/11 NT Date: -1/y/Zn2s— StewartBari Properties, LLC, an Oregon limited ' bility company / B : _o_.2C�+_CSog_. Its: /11ANA¢Cie— Date: 3iil) 12e 2-• GRANTEE: City of Tigard, an Oregon municipal corporation, Accepts and agrees to the terms of this Easement: By: , / N c 1M ,S1Y/4wSf / Its: C 1 TY),...-/� c—//vc:z:/ZDate: 41/0 3z.Q 45 STATE OF A1f7.041 _) )ss. County of MGI pCop C ) by This instrumeVant was i ck pe -owledged before me on M o � 202 / , as yin GS /'2'S ld�/i imc U.S• B , of I'' . L.tII 4 V. A ., 1 G MICNAL BENN I N TARY PU Lota�ry�cubllCArlyna My Commission Expires:p Commission*b299t0 M 1 •' ' • My Comm.Expires Jul 6,2026 ` STATE OF C CecOCX1 )ss. County of ('l(AC,'(-AcY)C\ ) This instrument was acknowledged before me on \'[\(i\(C) �Q , 2025 , by C(A\U Ylll , as (Y\ ln( (�Q of tract r / F-e,lci � r f-ir,CS (.LC, . 0�� LETTAt STAMP Wri .,rr,:y': NICOLEREPETERSON /,-, "�r,.r ., NOTARY PUBLIC OREGON �'•; / COMMISSION NO 1036247 NOTARY PUBLIC FOR OREGOIsg MY COMMISSION EXPIRESAPRIL27 2027 My Commission Expires: ( 49100(99- STATE OF (23-1l,UI1 _ _) )ss. County of L(1/4 h,0,5h ) This instrument was acknowledged before me on ri / 3 , 202 , by (/2 f� � 13Is1-i rlws'is,< d(i r Li C i 12rPr , of ----rt c Kl/ D/ • �44e-( A-/ ///f.7 , NOTARY PUBLIC FOR OREGON My Commission Expires: £t p.. 4 aQ a 6 Exhibit A City of Tigard Stewart Trusts Red Rock Creek Stabilization and Enhancement Tax Lot IS136DB 02600 PERMANENT GREENWAY EASEMENT An easement lying in the southeast 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 The Stewart Trust,Phyllis Stewart,Donata Stewart,and Nathan Cohen, Trustees,an undivided 3.!8ths interest as Tenant in Common,in that Personal Representative's Deed, recorded November 6, 1986 as Document No.86051674 and conveyed to Phyllis T.Stewart and Donata L.Stewart(collectively the Trustee of the Phyllis T.Stewart Trust),an undivided 5/8ths interest,in that Statutory Warranty Deed,recorded December 14,2011 as Document No.2011- 088719,Washington County Deed Records,said easement being more particularly described as follows: Beginning at the intersection of the west right-of-way line of SW 72"d Avenue(C.R.245)and the northwesterly line of a 25 foot roadway established by Road Right-of-Way Deed,recorded August 31, 1987 as Document No.87044641;thence along said northwesterly line South 62°51'24"West 277.79 feet to the west line of said property;thence along west property line North 01°58' 19"East 74.40 feet;thence leaving said west property line North 62°51'24"East 277.46 feet to said west right-of-way line;thence along said west right-of-way line South 01°44'49" West 74.24 feet to the point of beginning. The land to which this description applies contains 18,046 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 Ngo Sue Tsoi OREGON JULY 15 2003 NNAMSOI RENEWS:6/30/2024 ! l I I I D 60 THE STEWART TRUST& C, ThE TRUSTEES OF THE PHYLLIS T.STEWART TRUST N DOC.NO.86051674 d DOC.NO.2011-086719 ci I w m 'v z FERAMWBJTC YEASENENT > 18,0469QFT.±(0.414PC.t) Q N 1 //A g C% tw ff. KNI u-EL-cal i 1 fe �� 1. "44sa NU13818t 7440 15 1 ota K EXHIBIT B �„ PERMANENT GREENWAY EASEMENT IN THE SE 1/4 OF SECTION 36, 808 SW3rdAve.,Ste.800 TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN. Portland,Oregon97204 CITY OF TIGARD,WASHINGTON COUNTY,OREGON Phone:(503)287-6825 otaiccom FEBRUARY 3,2022 ww. project:20089 Exhibit A City of Tigard Stewart Trusts Red Rock Creek Stabilization and Enhancement Tax Lot 1 S 136DB 02600 PERMANENT GREENWAY EASEMENT An easement lying in the southeast 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 The Stewart Trust,Phyllis Stewart, Donata Stewart,and Nathan Cohen, Trustees,an undivided 3'8ths interest as Tenant in Common,in that Personal Representative's Deed, recorded November 6, 1986 as Document No.86051674 and conveyed to Phyllis T. Stewart and Donata L.Stewart(collectively the Trustee of the Phyllis T.Stewart Trust),an undivided 5.'8ths interest,in that Statutory Warranty Deed,recorded December 14,2011 as Document No.2011- 088719,Washington County Deed Records,said easement being more particularly described as follows: Beginning at the intersection of the west right-of-way line of SW 72'`)Avenue(C.R.245)and the northwesterly line of a 25 foot roadway established by Road Right-of-Way Deed,recorded August 31, 1987 as Document No. 87044641;thence along said northwesterly line South 62' 51'24" West 277.79 feet to the west line of said property;thence along west property line North 01' 58' 19"East 74.40 feet;thence leaving said west property line North 62'51'24" East 277.46 feet to said west right-of-way line;thence along said west right-of-way line South 01°44'49" West 74.24 feet to the point of beginning. The land to which this description applies contains 18,046 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 Ngo Sue Tsoi OREGON JULY 15 2003 NGc 8 a.0OI RENEWS: 6/30/2024 1 _ _ _______ \ ! l 60' ----\ THE STEWART TRUST& Co- I THE 7RUSTEESOF THE A`IYLUST.STEWARTTRUST N DOC.NO.136051674 1 DOC NO.2011-088719 V i w z PERMMBJTC YEASBvENT A w 18,046SQ FT.t�0.414AC.3j Q 10t 1 N. tiorc- 71-k TVI Cl-ItC I •••7 10. II ..14 N015819t74.46 AO $45 11 Utak . EXHIBIT B �„ PERMANENT GREENWAY EASEMENT IN THESE 1/4 OF SECTION 36, 808 SW 3rd Ave.,Ste.800 TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, Portland,Oregon 97204 CITY OF TIGARD,WASHINGTON COUNTY,OREGON Phone:(503)287-6825 FEBRUARY 3,2022 www.otak.com project:20089