2007-017260
Washington County, Oregon 2007-017260
72007 08:16:48 AAA Cnta1 Stna21 RECORD81
$20.00 $8.00 $11.00 • Total a $37.00
AFTER RECORDING, RETURN TO:
CITY HALL RECORDS DEPARTMENT 01075251200700172600040042
I, Rlehard Hobemlcht, Director of Assessment and
CITY OF TIGARD Taxation and Ex4fRcio County Clark for Washington
County, Oregon, do hereby certify that the within
Instrument of writing was received and re orded In the
13125 SW HALL BLVD ,
book Of records of eeltl eouptff.. (7 ~
TIGARD, OR 97223 Richard Mobernlcht, Dire ctcrof Asasssment and
Taxation, Ex-0ffialo County Clerk
PERMANENT EASEMENT
PUBLIC UTILITY-STORMWATER
OT2 LLC, an Oregon limited liability company, hereinafter called the Grantor, grants and
conveys unto the City of Tigard a perpetual easement for constructing, reconstructing, operating,
maintaining, inspecting, and repairing of stormwater facilities together with the right to remove,
as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in
Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon, all subject to
the terms of that certain Access Agreement between the parties of even date herewith (the
`Basement Area"). Any removal of vegetation shall be performed so as to avoid creating erosion
hazards. Revegetation shall be provided by the City as needed.
THE TRUE CONSIDERATION for the conveyance is $0.00. However, the actual consideration
consists of or includes other property or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest
except those expressly stated in this easement, nor otherwise prevent Grantor from the full use and
dominion thereover; provided, however, that such use shall not interfere with the uses and purposes
of the intent of the easement. The Grantor, its heirs, successors, assigns or representatives shall not
construct or maintain any building or other structure upon the real property described in Exhibit "A"
prior to receiving written approval by the City Engineer or his/her designee. The Grantor, its heirs,
successors, assign or representatives shall not in any way alter the configuration of the land and
stream within the Easement Area, including alteration by addition or removal of material, without
prior written approval by the City Engineer or his/her designee.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns
should cause said easement to be vacated, the right of the Grantee in the above-described easement
will be forfeited and shall immediately revert to the Grantor, its successors, and assigns in the case of
such even. The instrument does not grant or convey to the Grantee any right of title to the surface of
the soil except for the purpose of constructing, inspecting, maintaining, and replacing the stormwater
drainage way.
Indemnification. The City shall indemnify and hold harmless Grantor from and against any and all
claims arising from or in connection with use of the easement and stormwater facilities by the City's
invitees, guests, licensees, employees, agents and contractors, together with all costs, expenses and
liabilities incurred in connection with each such claim or action or proceeding brought thereon,
including, without limitation, all attorney fees and expenses. This agreement of indemnification
includes indemnification against any impacts or violations of sensitive lands laws and regulations,
including but not limited to, those imposed by the United States Army Corp of Engineers, Oregon
Page 1- GRANT OF EASEMENT
Department of Environmental Quality, the Oregon Division of State Lands and Clean Water
Services, all of which have jurisdiction over the stream corridor, wetlands, sensitive lands and their
respective buffers.
IN WITNESS WHEREOF, I hereunto set my hand on this 1?7" day of
, 2007.
OT2 LLC, Mailing Address:
an Oregon limited liability com any OT2 LLC
633 NW 19`n
By: Portland, Oregon 97209
Oaul ZHL~abb Authorized Si atory
By:
Ri hard . Ossey, Authorized Signa
OFFICIAL SEAL
STATE OF OREGON VIRWWA WINEBARGER
NOTARY PU3LIC-OREGON
) ss. COMMISSION NO. 374371
County of Yimm h ) MY COMMISSION EXPIRES NOV 3, 2007
This instrument was acknowledged before me nitAll J Q , 2007, by Paul H.
Labby as Authorized Signatory of OT2 LLC.
I'm nJA. UJ h .tom
Notar3d ublic for Oregon
My commission expires / a1
STATE OF OREGON ) OFFICIAL SEAL
ss. VIRGINIA WINEBARGER
Cozen of 1 I tUlk_lmryu ~ NOTARY PUBLIC-OREGON
COMMISSION NO. 374371
MY COMMISSION EXPIRES NOV 3, 2007
Anit/Ts4s. 19
This instrument was acknowledged before me
0 y Richard B. AALA ILA 'Ossey as Authorized Signatory of OT2 LLC.
L / A
~(J
Notary blic for Oregon
My commission expires 1-~-
[Accepted by City of Tigard on following page]
ACCEPTED on behalf of the City of Tigard this ~o day of Fc-b,r%-1avV 2007.
a P. ILA-
City n 'neer
Page 2- GRANT OF EASEMENT
9755 SW Barnes Road, Suite 300
o Portland, Oregon 97225
503.626.0455
Fax 503.526.0775
AN ASOG COMPANY
FEBRUARY 07, 2007
DURHAM RD. AT 108T AVE INTERSECTION
LEGAL DESCRIPTION FOR PERMANENT PUBLIC
UTILITY- STORMWATER EASEMENT AREA
FILE NO. 0548
PROJECT NO. 32430
EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 10, 11, 14 AND 15
THENCE SOUTH 89°52'03" WEST ALONG THE NORTH LINE OF SECTION 15, 774.03 FEET;
THENCE SOUTH 00°07'57" EAST, LEAVING SAID SECTION LINE, 50.00 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF SW DURHAM ROAD AND THE POINT OF
BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 00°07'57" EAST, 35.00
FEET; THENCE SOUTH 89°52'03". WEST, PARALLEL WITH SAID SECTION LINE, 16.85 FEET;
THENCE SOUTH 72°36'21" WEST, 56.65 FEET; THENCE SOUTH 25°44'42" WEST, 22.48 FEET;
THENCE NORTH 64015'18" WEST, 50:00 FEET; THENCE NORTH 25°44'42" EAST, .16.91 FEET;
THENCE SOUTH 89°52'03" WEST, PARALLEL WITH SAID SECTION LINE, 11.64 FEET;
THENCE NORTH 00°07'57" WEST, 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
SW DURHAM ROAD; THENCE NORTH 89°52'03" EAST, ALONG SAID SOUTHERLY RIGHT-
OF-WAY LINE, 130.00 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 6,388 SQUARE FEET OR 0.147 ACRES.
REGISTERED
PROFESSIONAL
L ND SURVEYOR
OREGON
JULY 13, 2004
SCOTT M. GRUBBS
54728
RENEWAL: 06-30-07
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SCALE
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LEGEND
( FEET ) PERMANENT SLOPE EASEMENT 1Q 6,388 SQ.FT±
1 INCH = 30 FT
CHECKED BY.• SWG CITY OF TIGARD
DRAWN BY: TEN APPROVED BY.• EASEMENT
LAST EDIT. 2 007 PLOT DATE: 0210710 7
DATE BY REV REVISION CK'D APPR.
EXHIBIT
TAX MAP T2SR 1 W SEC 15NE TAX L 0T N0. 1100
pmtzma arm= "m WASHINGTON COUNTY OREGON
Ieai~ SCALE: 1 PROJECT' NO. DRAWING FILE NAME: SHEET
032430 32430-surv-ex02 1
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