2006-138852
Washington County, Oregon 206_138852
'22/2006 04:49:31 PM
__E Cnt=1 Stn=8 C PFEIFER
$35.00 $6.00 $11.00 - Total = $52.00
AFTER RECORDING, RETURN TO 01041359200601388520070074
3t~ I, Richard Hobernicht, Director of Assessment and
Taxation and Ex-Officio County Clerk for Washington
County, Oregon, do hereby certify that the within T+roet_
CITY RECORDER instrument of writing was received and recorded in the
book of records of said cou
CITY OF TIGARD
Richard Hobernicht, Director of Assessment and
13125 S W HALL BLVD Taxation, Ex-Officio County Clerk
TIGARD, OR 97223
1
GRANT OF VIEW EASEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into the
_T_ day of November, 2006, by and among the CITY OF TIGARD, an Oregon municipal
corporation, ("Grantor") and Kim Knudeson and Rebecca Knudeson, husband and wife
(collectively, "Grantee").
RECITALS
H
Grantor is the record of owner of that certain real property in the City of Tigard,
a Washington County, State of Oregon (the "Grantor Property"), more frilly described in Exhibit
"A", attached hereto and incorporated herein by reference; and
Grantee is the record owner of that certain real property also located in the City of Tigard,
Washington County, State of Oregon, described as 13125 SW Bull Mountain Road (the "Grantee
Property"), more fully described in Exhibit "B" attached hereto and incorporated herein by
reference; and
Grantee is desirous of obtaining from Grantor an easement across the Grantor Property for
CC
light, air and the maintenance of views. Grantor is desirous of granting to Grantee such an easement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. For valuable consideration received by Grantor, Grantor conveys and
grants to Grantee an exclusive easement (the "Easement") on and over the Grantor Property, for the
r.[ preservation of views for the benefit of the Grantee Property. Grantor shall not permit, construct or
erect any view-obscuring building or other structure upon the Grantor Property, nor plant, transplant,
or permit the growth of any view-obscuring tree, shrub, or any form of plant life whatsoever, in the
(1-~ northerly 132 feet of the Grantor Property as set forth on Exhibit "C" attached hereto and
incorporated herein (the "Easement Area").
2. Grantor's Rights of Use. Grantor shall have the right to use the Easement Area for any and
all purposes not inconsistent with the rights granted herein to Grantee.
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of View Easement-clean final (I 11606).doc
3. Termination of Easement. This easement shall remain in effect only while either Kim
Knudeson or Rebecca Knudeson is an owner of the Grantee Property and shall tenninate upon sale of
the Grantee Property or upon death of both Kim Knudeson and Rebecca Knudeson.
4. Time. TIME IS OF THE ESSENCE of this Agreement.
5. Notice. All notices to be given under this Agreement shall be in writing and shall be
effective when actually delivered. If mailed, notice shall be deemed effective 48 hours after
mailing as registered or certified mail, postage prepaid, directed to the other party at the address
set forth below or such other address as the party may indicate by written notice to the other:
GRANTOR: GRANTEE:
City of Tigard Kim Knudeson and Rebecca Knudeson
Attn: City Manager 13125 SW Bull Mountain Road
13125 SW Hall Blvd Tigard, OR 97224-1740
Tigard, OR 97223
6. Mediation. If Grantor fails or refuses to take action to protect the Easement rights granted
under this Agreement after 30 days' written notice from Grantee, the parties agree to mediate before
a mutually agreeable mediator, the costs of which shall be shared equally. Ifthe parties cannot agree
upon a mediator, then the parties will use the mediation services of US Arbitration & Mediation of
Portland, Oregon. If mediation is unsuccessful, then the parties may pursue all legal or equitable
remedies.
7. This Easement shall be construed according to the laws of the state of Oregon. In the event
action is initiated to enforce or interpret any of the provisions of this Easement, the prevailing party
shall be entitled to an award of its reasonable attorneys fees at trial and appeal. This provision shall
include prevailing fees in any adversary proceeding in baf-la-uptcy, including motions for relief of
stay.
IN WITNESS WHEREOF, the undersigned set his/her hand on this day of
November, 2006.
GRANTOR: GRANTEE:
CITY OF TIGARD,
An Oregon icipal corporation
Kim Knudeson
By: '
Naive: iCA
Title: Rebecca Knudeson
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otView Ease menk]can final (111606).doc
STATE OF OREGON )
• ) ss.
County of~~~p
This nstrument was acknowledged before me November, 2006, by
UC4 , as of the City of Tigard, an Oregon municipal
corporation. (yy,Lh 'e
O=FICIAL SEAL
KAREN L FABIO
NOTARY PUBLIC-OREGON
COMMISSION NO. 405222
MY COMM!SSI"%j r :PiRES h1AY 27, 2010 Notary Public for Oregon
n W My commission expires 05 a
Accepted on behalf of the City of Tigard this day of 2006.
City
STATE OF OREGON )
ss.
County of
i~t~
This instrument was acknowledged before me November 17, 2006, by Kim Knudeson and
Rebecca Knudeson.
Notary Public for Oregon
vFFiCIRt "EA"- ' My commission expires fDAtZ-/'2.0'0
ROBERT T. HUSTON
r40TARY PUBLIC-OREGON
COMMISS60N NO. 394526
.ji Y COMMISSION EXPIRES OCTOBER 22, 2006
Page')- GRANT OF EASEMENT G:1Real Lsta0.~l igar~Pnce Propcrt~lDnttimcn~sGrant
of View EascmcnFclean final (I 11606).doc
EXHIBIT "A"
Parcel(s) 2, PARTITION PLAT 2000-086, in the City of Tigard, County of Washington, State of Oregon.
EXHIBIT (C158) PAGE 1 OF 1
EXHIBIT "B"
Legal Description:
Parcel 1, PARTITION PLAT NO. 2000-086, in the City of Tigard, County of
Washington and State of Oregon. TOGETHER WITH an easement for road purposes as
disclosed by documents recorded November 20, 1984 as Fee No. 84045385
I
EXHIBIT "C"
View Easement
The easement being more particularly described as follows:
Commencing at the Initial Point described in Partition Plat No. 2000-086 in County Records
as Doc. Number 2000094935, said point being South 41°46' 15" East a distance of 1969.38
feet from the Northeast Quarter of Section 9, said point being the TRUE POINT OF
BEGINNING for the said View Easement; thence South 00°14'06" West along the most
Easterly boundary of Parcel 2 a distance of 132.27 feet to a point; thence North 89°45'47"
West a distance of 243.15 feet more or less to a point on the most Easterly boundary of
Parcel 1; thence North 00° 14'13 " East along the most Easterly boundary of Parcel 1 a
distance of 132.27 feet to a point at the most Northeasterly corner of Parcel 1; thence South
89°45'47" East a distance of 243.15 feet more or less to the TRUE POINT OF BEGINNING.
See attached Figure 1 for a plan of the above described easement.
C\Documents and Settings\fabiok\L.ocal Settings\Temporary Internet Piles\0Lh5\Metes and Bounds.doc
TRL" POINT Of BECI LAMING SECTION 9 70,NSIIP 2 SOUTH, PALACE 1
PEAMANENi WATERI tHC EASEMENT WEST OF THE WILLAMETTE MERIDIAN
130.39_ _ -
S / _ I
r~
POOPn ACCESS
5 00'01'1 ] IB'
.7.. i 1
r' PflOPOSEU PERMANENT PROPOSED ACCESS- 15' 1
WATMINE EASEMENT EASEMENT I (TYPJ I +
PARCEL I. PARTITION I
PLAT N0. 2000-086, o
/ - RECORDED AS COUNTY
PARCEL 2, PARTITION I ; DOC. NO. 2000094935
f ` PLAT NO. 2000-089,
RECORDED AS COUNTY - a~
/ 1, 4:
r. DOG NO. 2000094935 'i
` t~ r} % / ~v~l zl TRLE POEM OF BECIHNING
1 ~ ~ J( I / \Ir 1 ACCESS EASEMENT
r~_ N 00'IA'13' E_132.271
f
PROPOSED 3 MG 550'
C u RESERVOIR
'A.~~)Jr _-112.n_(TTP) LEGEND
A-
4. /
_ i L~Trr 1 VIEW EASEMENT
` r f~ , ' i I 1 ACCESS EASEMENT
c - - - - -
PROPOSED VIEW
EASEMENT I PERMANENT WATERLINE EASEMENT -
~`IIJJ I
EASEMENT AREAS
_ • ~ X 1 -s, _ / VIEW EASEMENT a74 ACRES
! E'2 / h. / nCCE55 EASEMENT 0.05 ACRES
PERMANENT WATEiiI INE EASEMENT 0.06 ACRES
11) 6 rT1 I
IN K
/ )
CITY OR TIGARD
3 MG 550' RESERVOIR
C/ . ' r 3 I/ I - e I CIfY Of 71GARD
FIGUREI
CINNIN
-'_-r.
1
OINT OF L EASEMENT Access and Pcrmanctit
f. ~i' I - -a - - - - - - - - - I WeWrl ne Easements
a' a c' WOODFORD ESTATES PLAN c IUut'~Sv~86moalLtls
1 i I fI~ ffF~~ a
T r i ' / P ~SCALE 7-40' 1 I-- _ _ _ _ _I_ _ _ _ I. L-Ji BSI ~IIMIS wNCNCM9ER 1ofN
1 _ JJ