Coe Manufacturing - Dog Park
After Recording Return To:
City Records
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
No Change in Tax Statements
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made on January Zz , 2002, by
and between
("Grantor") and THE CITY OF TIGARD, an Oregon m nicipal corpor tion rantee").
Recitals
A. Grantor is the owner of certain real property located in the City of Tigard,
Washington County, State of Oregon and more particularly described in Exhibit "A"
attached and incorporated herein (the "Grantor Property").
B. Grantor is desirous of granting to Grantee, for the public benefit, a perpetual
easement for use of a portion of the Grantor Property as an off-leash dog park, subje ct,
however, to possible termination by Grantor. Grantee is desirous of obtaining such an
easement from Grantor.
C. The parties intend to provide in this Agreement for the grant of such an easement
by Grantor to Grantee, and to set forth the terms and conditions that shall apply to the
use and possible termination of such easement.
Agreement
1. Grant of Easement, Use and Restrictions. Grantor, as a dedication to Grantee for
the benefit of the public and for zero Dollars consideration paid, does hereby grant unto
Grantee, its successors and assigns, a permanent, exclusive easement, subject to
termination by Grantor as described below, for the purposes of construction,
reconstruction, operation, and maintenance of an off-leash dog park for the use and
benefit of the general public on, over, under and across that portion of the Grantor
Property described in Exhibit "B" attached and incorporated herein (the "Easement
Area"). The Easement Area shall be open to the general public on a daily basis except
Monday through Friday between the hours of 6:00 AM and 4:30 PM. In addition, the
Easement Area shall be open to the public on every legal holiday, observed by Grantor,
which occur Monday through Friday. On Monday through Friday of each week (except
for legal holidays observed by Grantor) Grantor also grants to Grantee, for the use of
persons accessing the Easement Area, to sixteen (16) designated parking spaces.
These designated parking spaces are located on the Grantor Property, and identified in
the drawing attached as Exhibit "C" and incorporated herein (the "Parking Spaces").
Grantee shall install on the Grantor's property signs or other means of identifying the
Parking Spaces, in a form, at one or more locations, and with content (which shall
include appropriate warnings permitting towing away of vehicles improperly using the
Parking Spaces) acceptable to Grantor in the exercise of Grantor's reasonable
discretion. On legal holidays observed by Grantor and each Saturday and Sunday,
members of the general public using the Easement Area may park in any unoccupied
parking space on the Grantor Property. Grantee shall be responsible for enforcement of
the restrictions on use of the Parking Spaces, other parking spaces on the Grantor
Property, contained herein. The limitations on the times of permitted use of the
Easement Area and the Parking Spaces are intended to promote public safety and
avoid interference and conflicts with the operation of the Grantor's facility.
2. Improvements, Repairs and Maintenance. Grantee shall be responsible for the
placement or construction of all improvements to the Easement Area necessary for the
permitted use, and shall be responsible for all maintenance of the Easement Area
required to maintain the Easement Area in a safe and healthful condition, including but
not limited to the mowing of the lawn area(s) as needed. Upon the initial installation of
improvements, and upon each and every occasion that the same be repaired or
removed, Grantee shall remove all debris and leave the ground surface in a neat and
presentable condition, buildings and improvements to be restored as near as possible to
as good a condition as the same were in prior to any such installation.
3. Name of Dog Park. The City agrees that it shall designate the name of the dog
park to be operated within the Easement Area by officially naming the same "Potso Dog
Park" and will, during the term of this Agreement, maintain one or more signs on the
Easement Area identifying the Easement Area by said name.
4. Additional Consideration. As additional consideration for the easement granted
by this Agreement, the City agrees that it shall, on behalf of the Grantor, aggressively
pursue such property tax relief as may be available for the property of which the
Easement Area is a part. The obligation of the City to pursue such tax relief shall be
limited to the making of timely and appropriate application(s), and prosecuting
administrative appeals from any denial of such application(s), but the City shall not be
obligated to initiate any court or other action in the event such administrative appeals
are denied.
5. Indemnity. To the extent permitted by statute and the Oregon Constitution,
Grantee agrees to indemnify and hold harmless the Grantor from any and all claims,
harm, loss and damage arising from the use of the Easement Area by the Grantee and
the general public, excluding any claims, harm, loss and damage that may be a result of
the gross negligence or intentional act of Grantor, its agents, representatives and
assigns. At all times during the existence of the easement, The City will carry public
liability insurance which shall name Grantor as an additional insured as to claims which
may arise from use of the Easement Area or the Grantor property pursuant to the
Agreement.
6. Term of Easement/Grantor's Right to Terminate. The easement granted herein
shall be perpetual unless Grantor shall exercise its right of termination as hereafter
provided. Grantor may terminate the easement granted herein at any time by written
notice to Grantee delivered not less than ninety (90) days prior to the date of termination
specified in the notice. In the event Grantor shall terminate the easement as provided
herein, Grantee shall vacate the Easement Area on or before the termination date
specified in Grantor's notice, and shall restore the Easement Area to as close to its
original condition as is practicable, subject to normal wear and tear.
7. Notices. All notices given pursuant to this Agreement shall be delivered in
person or by certified or registered mail, return receipt requested and postage or
delivery charges prepaid, and shall be deemed received on the date of personal
delivery or three (3) calendar days after deposit with the United States Postal Service or
another reputable carrier such as Federal Express, addressed to the mailing address of
the party to whom such notice is directed.
8. Attorneys' Fees. In the event any action, including arbitration and actions
pursuant to the bankruptcy laws, shall be instituted to interpret or enforce the terms of
this Agreement, the prevailing party in such action shall be entitled to an award of
reasonable attorneys' fees and costs of action at trial and on appeal and review.
9. Entire Agreement. This Agreement contains the entire understanding of the
parties with respect to the subject matter hereof, and supercedes any prior discussion,
negotiation and communication between the parties regarding said subject matter. The
effectiveness of this Agreement is subject to approval by the Tigard City Council. This
Agreement may only be amended by written instrument executed by the parties hereto.
GRANTEE:
THE CITY OF TIGARD, an
Oregon municipal corporation
Its: (Insert Title)
STATE OF OREGON )
) ss
COUNTY OF Iii~x n )
Personally appeared before me this 3(j day of 14-114 2002, the
above-named I I Moo zzha i L , who, being my sworn, did say that/she is
the ~4>j dPd of the City of Tigard, an Oregon municipal corporation, and
that said instrument was signed on behalf of said corporation, and acknowledged said
instrument to be his voluntary act and deed.
J
NOTARY PUBLIC for Oregon OFFICIAL SEAL
My commission expires: CATHERINE D VVHEATLEV
` 1y1 U'~ : r NOTAP'vPUBLIC-OREGON
MY cO IP ='S`PIRES MAY 10, 2003
GRANTOR:
By: A ) o r, ~z 1 6L kJ-,,,/
Its: (Insert Title) f
STATE OF OREGON )
) ss
COUNTY OF
Personallv appeared before me this d a y
o ~~A 1002, the
above-n d wh eing duly SIdorn, did say that helms
is the of t CYi . , and that said
instrument was signed on behalf of said corporation, and ac owledged said instrument
to be f}is,voluntary act and deed.
NOTARY PUBLIC or Oregon OFFICIAL SEAL
My commission expires D L WISE
1 V NOTARY PUBLIC-OREGON
COMMISSION NO. 320682
MY COMMISSION EXPIRES FEB.11,2003
GAReal_Estate)Tigard\DogParkEasement\Easement6(011402).doc
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IM IT RkID,'That 'on this n day of Ap,i-,
1959, before so, the undersigled,'a notary public in and
for said County and State, personally appeared the with-
in naaed GZOROE LOCXXAN and # IACSMAN, huabend
and wife, who are known to me to be the identical individuals
described in and who executed the within inatruwant and
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acknowledged to aee that they executed the same freely and
voluntarily.
IN TWTIk10NY WHIMP, I have hereunto set wy
hand and official seal the day and year last above written.
PL V. BECK, NJTAT( PUILIC
Ity C0=41:011 11plrm Dec. 10, 1900
Notary Public or 0771o
IRy Comission expires:
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E X H I B I T A
PARCEL 1
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A tract of land In Section I, T2S. RI W. W. M., Washington County, Oregon,
more particularly described as folIowrs:
Beginning at a stone at the northwest corner of the W. W. Graham D.L.C.,
• • No. 39, T2S. R1W, W. M., Washington County, Oregon; and running thence, S y
43' 23' W, along the northwesterly line of said D.L.C., 734.0 feat to a
point In the center of the County Road; them. S 60' 59' E in the center
of said County Road 1774.8 feet to the true place of beginning of the heroin
described tract from which true place of beginning a stone at the northeast
corner of that cartaln tract of land convened to R. and Sophia Hunziker by
deed as recorded on Paga 271, Volume 90 of Washington County, Oregon, Deed
Records, bears S 60' 59' E 40.0 feat; thence, from the above described true
r place of beginning S 29' 34' W parallel to the cast line of said Hunzlker p
tract 1200.0 feet to a point; thence, N 42' 00' W 555.9 feet to a point an
the east line of the E&.ard Hunziker property described In book 215. Page
193, Deed Records, Washington County. Oregon; thence, along said east line,
N 46' 50' E 720.46 feet to an Iron pipe that Is S 29' 01' W 333.2 feet from
a point in the canter line of the County Road from which point an Iron pipe 7
bears S 29' Oil W 20.0 feat; thence, continuing along said east line N 29' r[(
01' E 333.2 fact to a point In the canter line of said County Road; thence,
S 60' 59' E. along said center line 316.75 feet to the point of beginning,
containing 10.126 acres, more or less.
PARE 2
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A perpetual easement for a Joint roadway described as followrs:
beginning at a stone at the northwest corner of the W. W. Graham D.L.C.,
No. 39. T2S, RIW, W. M.. Washington County, Oregon; and running thence,
S 43' 23' W. along the northwesterly line of said D.L.C., 734.0 feet to
a point In the center of the County Road; thence, S 60' 59' E In the center
of said County Road 1774.8 feat to the true place of beginning of the herein
described tract from rhlch true place of beginning a stone at the northeast
corner of that cortain tract of land conveyed to R. and Sophia Hunzlker by
deed as recorded on Page 271, Volume 90 of Washington County, Oregon, Deed
tf Records, bears S 60' 59' E 40.0 feet; t- ,once , from the above described true
place of beginning S 29' 34' W parallel to the east line of said Hunziker
tract 1200.0 feet to a point; thence South 60' 59' East 20 feet to a point;
thence North 29' 34' East parallel with the East line of said Hunzlker Tract
1200 feet to a point; thence North 60' 59' West TO feet to the true point
L. of beginning.
4 Said easement shall run with the land described as Parcel I and shall ben.-.-
fl t the grantee , its successors and assigns, and shall be binding upon
the grantors, the heirs and assigns.
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My commission r'tplra Jul,,: u l r'l 1, '
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e~ 439 ►xa402
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DOG PARK. AND MAINTANCE EASEMENT
Easement to construct and to maintain a Dog Park over the following described property
Located in the Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County, Oregon described as follows:
Beginning at the Southeast corner of the property described as Parcel 1 in deed recorded
in Deed Book 439 page 401 of the Washington County Deed Records; thence N 42° 12"
11" W, along the southerly line of said deed, a distance of 446.00 feet; thence N 23° 00'
00" E a distance of 20.00 feet; thence N 84° 30' 00" E a distance of 44.55 feet; N 41 °
00' 00" E a distance of 206.20 feet; thence N21' 30' 00" E a distance of 118.50 feet to
the extension of the edge of asphalt; thence S 61 ° 00' 00" E, along the edge of asphalt
and the extension there of to, a distance of 363.41 feet tothe easterly line of said deed;
thence S 29° 21' 49" W, along said easterly line, a distance of 508.02 feet to the point of
beginning.
Containing 3.79 acres.
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