2009-033103
Way ton County, Oregon 2009-033103
04i X09 02:27:38 PM
JJJ'~~' D-E Cnt=2 Stn=$ C PFEIFER
$55.00 $5.00 $5.00 $11.00 - Total = $76.00
I
AFTER RECORDING RETURN TO:
City of Tigard I, Richard Hobea, M~ Director Oo0f900ss eM30110110 n and
Attn: Kim McMillan Taxation and Ex-Offlclo County Clerk for Washington v
County, Oregon, do hereby certify that the within
;°r 13125 SW Hall Blvd. instrument of writing was received and recorded in the ~I` pl
book of records oP said cou
Tigard OR 97223 Richard Hobernicht, Director of Assessment and
Taxation, Ex-Of icla County Clerk
lpp
v
This_yace is reserved for recorder's use.
TEMPORARY CONSTRUCTION AND
PERMANENT UTILITY EASEMENT AGREEMENT
This Temporary Construction and Permanent Utility Easement Agreement ("Agreement")
is entered into by and between Michael J. and Kay L. Stevenson, ("Grantor"); and the City
of Tigard, Oregon, ("Grantee").
RECITALS
A. Grantor owns of record certain real property located in Washington County,
Oregon and legally described on the attached and incorporated Exhibit A ("Grantor's
Property").
B. Grantee owns of record certain public rights-of-way known as SW Burnham Street
and SW Ash Street, both of which are adjacent to Grantor's Property and are also located
in Washington County, Oregon ("Grantee's ROW"). Grantee plans to construct certain
improvements within Grantee's ROW during 2009 (the "Street Improvements").
C. Grantee requires a temporary access easement over a five-foot wide portion of
Grantor's Property along Grantee's ROW in order to make the Street Improvements
("Construction Easement"). Grantor has agrees to grant such easement in accordance with
the terms of this Agreement. A graphic depiction of the portion of Grantor's Property
which is the subject of the Construction Easement is attached and incorporated as Exhibit
B.
D. Grantee also requires a permanent public utility easement over two portions of
Grantor's Property to accommodate permanent utility work that will be installed as part of
Page I - TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT
AGREEMENT
50014-36794.014 162973. rloc 111.0 4!13:'2009
the Street Improvements (the "Public Utility Easements" or "PUEs"). A legal description
and graphic depiction of the Ash Street PUE is attached and incorporated as Exhibit C. A
legal description and graphic depiction of the Burnham Street PUE is attached and
incorporated as Exhibit D.
NOW, THEREFORE, for sum of One Dollar ($1.00) to be paid by Grantee to Grantor,
Grantor and Grantee covenant and agree as follows:
1. Grant of Easements
1.1 Public Utility Easements. Grantor, for themselves and for their successors
and assigns, hereby convey and grant to Grantee, its successors and assigns, permanent,
non-exclusive easements (the "Public Utility Easements" or "PUEs") over, under, in,
along, across and upon the property described on the attached and incorporated Exhibits C
and D (the "Utility Easement Areas") solely for the lawful construction, installation,
maintenance, operation, repair, replacement and use of public utilities and related facilities,
including without limitation, underground utility vaults and related equipment (the "Utility
Improvements")_
1.2 Temporary, Construction Easement. Grantor, for themselves and for their
successors and assigns, hereby convey and grant to Grantee, its successors and assigns, a
temporary, non-exclusive easement (the "Construction Easement") over, under, in, along,
across and upon the property depicted on the attached and incorporated Exhibit B (the
"Temporary Easement Area") for use in the construction and installation of the Street
Improvements and other construction purposes reasonably related to them.
2. Terms of Easements.
2.1 Utility Easement. The Utility Easement shall commence on the effective
date of this Agreement and shall run with the land and continue in full force and effect
until Grantee has abandoned the Improvements, as the term "abandonment" is defined in
Section 5.7 below.
2.2 Temporary Construction Easement. The Construction Easement shall
commence on the effective date of this Agreement and shall automatically terminate and
expire upon (i) the date construction of the Street Improvements are completed, or (ii) June
30, 2011, whichever date shall first occur. Upon the expiration of the term of the
Construction Easement, all of the rights and benefits of Grantee in, to and under this
Agreement with respect to the Temporary Construction Easement and the Temporary
Easement Area shall automatically terminate and be of no further force and effect.
3. Reservation by Grantor/Non-Exclusive Use. All right, title and interest in
and to any easement area under this Agreement which may be used and enjoyed without
interfering with the rights conveyed by this Agreement are reserved to Grantor, provided,
Paget - TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT
AGREEMENT
50014-36794.014 1 C2973.dacV111),4. 13 2009
however, that Grantor shall not construct or maintain any buildings which may cause
damage to or interfere with the improvements to be placed within the Utility Easement
Area; or develop, landscape, or beautify any easement area in any way which would
unreasonably or materially increase the costs to Grantee of installing the Street
Improvements or Utility Improvements, or restoring any of the easement areas after such
installation.
4. Construction of Utility Improvements.
4.1 Costs/Lien-Free Construction. Grantee shall bear and promptly pay without
the imposition of any lien or charge on or against all or any portion of Grantor's Property
all costs and expenses of construction and maintenance of the Street Improvements and
Utility Improvements in the exercise of any easement rights granted under this Agreement.
4.2 Compliance With Laws._ Grantee shall construct the Street Improvements
and Utility Improvements in compliance with the applicable statutes, ordinances, rules and
regulations of all governing public authorities as those statures, ordinances, rules and
regulations are amended from time to time.
4.3 Restoration. In the event the surface of the Construction Easement Area is
disturbed by Grantee's exercise of any of its easement rights under this Agreement, such
area shall be restored to the condition in which it existed at the commencement of such
activities.
5. General Provisions.
5.1 Covenants Running with the Land/Assignment. The parties to this
Agreement acknowledge and agree that the easements and other rights conferred by this
Agreement are intended to, and do, constitute covenants that run with the land and shall
inure to the benefit of and be binding upon the parties and their respective grantees, heirs,
successors and assigns.
5.2 Effective Date. This Agreement shall be effective upon the date it is
executed by an authorized representative of each signing party.
5.3 Authorized Representative. Each individual signing on behalf of a party to
this Agreement states that he or she is the duly authorized representative of the signing
party and that his or her signature on this Agreement has been duly authorized by, and
creates the binding and enforceable obligation of, the party on whose behalf the
representative is signing.
5.4 Notices. Any notice permitted or required by this Agreement shall be
deemed received, if delivered, when actually received, or, if mailed, on the third day after
mailing by registered or certified mail, postage prepaid, to the party's address set forth
Page 3 - TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT
AGREEMENT
30014-346794.014 1 <2973.chwUl.1).4.; / 3.2009
l
below their respective signatures to this Agreement, or to such other address designated in
writing to the other parties.
5.5 Attorney's Fees. In the event of any dispute-between the parties regarding
the enforcement or effect of this Agreement, including one subject to arbitration, the non-
prevailing party in any such dispute shall pay the prevailing the prevailing party's
reasonable attorney's fees and costs incurred. In the event of arbitration, the fees of the
arbitrator and the cost of the arbitration shall be paid by the non-prevailing party. In the
event that neither party wholly prevails, the court or arbitrator, as applicable, may
I apportions the costs or fees as the court or arbitrator deems appropriate.
5.6 Plan. Upon Grantor's request, Grantee shall. provide Grantor with as-built
drawings and a survey showing the location and depth of the improvements installed in the
Utility Easement Areas.
5.7 Abandonment. In the event Grantee or its successors and assigns abandon
or terminate their use of all of the Utility Improvements for a period of ten (10)
consecutive years, this Agreement and all easement rights granted hereunder shall
terminate.
r
5.8 Further Cooperation. Each of the parties to this Agreement agree to execute
such. other documents and to perform such other acts as may be reasonably necessary or i
desirable to further the expressed and intent purpose of this agreement.
IN WITNESS of this, the undersigned have executed this Agreement as of this
j day of April, 2009.
I
` MICHAEL J. AND KAY L. STEVENSON,
I Grantors
_r Date:
Date: 2 y
2 L2
t
CITY OF TIGARD OREGON,
Grantee
By: Date: A09 00, Craig Pro r, City Manager
Page 4 - TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT
AGREEMENT
300/4.36794.014162973. eJ1J) *'13'2009
STATE OF OREGON )
):SS
COUNTY OFMI~
ON THIS day of 2002 before me, personally
appeared Michael J. and Kay Stevenson, to me known to be the individuals who executed
the within and foregoing instrument, and acknowledged said instrument to be his/her/their
free and voluntary act and deed, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto the day and year ' is c ca a above
written.
of:F.iciAL SEAL
yVoNNE M CLIFFORD C-OREGO coMMISS ON 0 393235N N tary Public 'nand for e e of O gon,
. 11, 1 7-
*my COPM1MtSSiDr EXPIRES TUNE 23, 09 iding at 41 P/
y Appointment Expires
STATE OF OREGON )
) :SS
COUNTY OF (NfKH"~if~Ta~. )
ON THIS ~P day of APP-1 L, 200 before me, personally
appeared Craig Prosser to me known to be the City Manager of the Grantee, the municipal
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that heJlwas authorized to
execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
No Public in and for the State of Oregon,
residing at TV41-ATJ QQ~~N
My Appointment Expires 7 27_2D/J
=F
k
MY COMa
-y soul
Cc
vy,m;ss~6~
Page 5 - TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT
AGREEMENT
M014-36794.011162973.d1cV1J3 73.2009
I
EXHIBIT A
PROPERTY ADJUSTED OUT OF TAX LOT 100 AND INCLUDED INTO TAX LOT
204 .
Legal description for a parcel of land in the northeast one-quarter of Section 2, Township
2 South, Range i West, Willamette Meridian, City of Tigard, Washington County,
Oregon; said parcel being more particularly described as follows:
Commencing at the southeasterly corner of Tract 4 of the plat of "Burnham Tract", a duly.
recorded plat in said Washington County, said corner being on the centerline of S.W,
Ash Street; thence N450461025.02 feet to a point on the westerly right-of-way of
said Ash Street and the POINT OF BEGINNING of the herein described parcel: thence j
N45°46'00"W, along the southwesterly boundary of said Tract 4, a distance of 314.87
feet to the most westerly corner of said Tract 4; Thence N45°14'00" B, along the
northwesterly boundary of said Tract 4 a distance of 358.37 feet to a point; Thence
S45°38'59"E, a distance of 295.18 feet to a point on the westerly right-of-way of said
S.W. Ash Street, point being 25 feet from the centerline of S.W. Ash Street; Thence
S42005'00"W, along the westerly right-of-way of said Ash Street a distance of 357.93
feet to the POINT OF BEGINNING.
Contains 109,199 square feet (2.507scares) more or less;
EXHIBIT B
Temporary Construction
Easetnent
FILE NO. 5
TAX LOT 2S-1-02AC-00100
psi v
s
N 5 C4\1
2S-1-02AC-00100
STEVENSON
SCALE: 1 "=50'
STATION: 10+02.31 A\ /
OFFSET: 168:06 R;
TEMPORARY 5' WIDE
CONSTRUCTION EASEMENT
AREA = 2,923 S.F. i
STATION: 10+32.10
OFFSET: 329.91 R
ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
CITY OF TIGARD, OREGON
DATE: JUNE 9, 2008
SHEET 1 OF 1
EXHIBIT C
Public Utility Casement
Ash Street
PARCEL. 3 - Public Utility Easement
A parcel of land tying in the NE'/ of Section 2, Township 2 South, Range 1 West, W.M.,
Washington County, Oregon, and being a portion of that property described in that
Statutory Warranty Deed to Michael J. Stevenson and Kay L.. Stevenson, recorded on
November 14, 2000 as Document No. 2000-91760 of Washington County Book of
Records, the said parcel being that portion of said: property included in a strip of land
variable in width, dying on the southwesterly (right) side of the center fine of relocated
Burnham Street, which center line Is described in Parcel 1 above, and the northwesterly
side of Ash Street, the northwesterly line of said strip being more particularly described as
follows:
Beginning at a point which is 329.91 feet right of relocated Burnham Street Engineer's
center line Station 10+32.10; thence North 4S°29'-31" West, a distance of 37.50 feet;
thence South 44030'29" West, a distance of 96.62 feet; thence South 45029'31" East, a
distance of 37.50 feet to a point which is 426.46 feet right of relocated Burnham Street
Engineer's center line Station 10+35.84.
Bearings are based on the Oregon Coordinate System of 1983, north zone.
This parcel contains 1,208 square feet, more or less, outside of the existing right of way.
EXHIBIT C
Public Utility Easement
Ash Street
FILE NO. 5
TAX LOT 2S-1--02AC-00100
s ~
s~
2S- 1 -02AC-00 100
STEVENSON
SCALE: 1 "=50'
.y1?
g
STATION: 10+02.31
OFFSET: 168:06 R:
C7
PARCEL 3
PUBLIC UTILITY EASEMENT (ASH.)
t /
AREA 1,208 S. F.
STATION: 10+32.10
OFFSET: 329.91 R
ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
CITY OF TIGARD, OREGON
DATE: JUNE 9, 2008
SHEET 1 OF 1
EXHIBIT D
` Public Utility Easement
Burnham Street ;
PARCEL 1 - Street Dedication (Burnham Streat)
A parcel of land lying In the NEA of Section 2, Township 2 South, Range 1 West, W.M.,
Washington County, Oregon, and being a portion of that property described in that
Statutory Warranty Deed to Michael J. Stevenson and Kay L. Stevenson, recorded on
November 14, 2000 as Document No. 2000-91760 of Washington County Book of
Records; the said parcel being that portion of said property included in a strip of land 37.50
feet in width, lying on the southwesterly (right) side of the centerline of relocated Burnham
Street, which center line is described as follows:
Beginning at Engineer's center line Station 1+00.00, said station being a distance of
1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2,
Township 2 South, Range 1 West, W.M.; thence South 43°16'11" East, a distance of
1749.28 feet to Engineer's center line Station 18+49.28.
r
Bearings are based on the Oregon Coordinate System of 1983, north zone.
This parcel contains 2,077 square feet, more or less, outside of the existing right of way.
PARCEL 4 - Public Utility. Easement
A parcel of land lying in the NE'/a of Section 2, Township 2 South, Range 1 West, W.M.,
Washington County, Oregon, and being a portion of that property described In that
Statutory Warranty Deed to Michael J. Stevenson and Kay L. Stevenson, recorded on
November 14, 2000 as Document No. 2000-91760 of Washington County Book of
Records; the said parcel being that portion of said property Included in a strip of land lying
on the southwesterly (tight) side of the center line of relocated Burnham Street, which
center line is described in Parcel 1 above.
The width In feet of said strip of land is as follows:
Station to Station Width on Southwesterly Side of Center Line
8+83.00 8+q.00 45.50
EXCEPT Parcel 1 as described above.
This parcel contains 48 square feet.
EXHIBIT D
Public Utility Easement
B rnharn Street
FILE NO. 5
TAX LOT 2S-1-02AC-00100
\
Lp
y
. ''F qty
50
~F
2S- 1 -02AC-00 100
STEVENSON
SCALE: 1 "=50'
PARCEL 1
® STREET DEDICATION (BURNHAM)
y
STATION: 10+02.31
OFFSET: 168:06 R.
PARCEL 4
PUBLIC UTILITY EASEMENT (BURNHAM)
AREA = 48 S.F..
STATION: 10+32.10
OFFSET: 329.91 R
ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
CITY OF TIGARD, OREGON
OAT E
~E~ 0 1008