Cook Park Public Recreation Facility Easement
PUBLIC RECREATION FACILITY EASEMENT
The STATE OF OREGON, by and through Its Division of State Lands, GRANTOR, for and In
consideration of Two hundred and fifty dollars ($250), does hereby grant to City of Tigard,
GRANTEE, its successors and assigns, an easement for the construction, maintenance, repair,
and/or replacement of a public recreational facility and appurtenances on the following
described property, to wit:
A ten foot wide strip of submerged and submersible land abutting upon the line of
ordinary high water of the left bank of the Tualatin River, fronting Tax Lot 2S1 14D 101
(Cook Park) in Township 2 South, Range 1 West, W.M., Washington County, Oregon.
1. Construction in navigable waters shall conform to standards and specifications set
by U.S. Army Corps of Engineers or U.S. Coast Guard for the project.
2. The beds and banks of the waterway shall be restored to a condition acceptable to
the Division as soon as construction or maintenance is completed.
3. Any blasting construction shall be performed according to the laws of the State.
Underwater blasting permits are required under ORS 509.140.
4. Public access to the navigable waters must be maintained and/or restored upon
completion of construction or maintenance.
5. The GRANTEE shall pay the Division the current market value, as determined by the
director, of any actual damages to State-owned submerged and submersible land, for
example, the loss of minable gravel.
6. Any removal/fill activity in the waters of the State shall require a permit from the
director in accordance with ORS 541.605 et seq.
7. GRANTOR reserves the right to lease or otherwise utilize the State-owned lands within
the granted area hereinabove described In a manner and for uses that will not be
incompatible with the primary use for which this easement Is granted.
8. This easement is granted in order that GRANTEE can provide public recreational
utilization of the premises at no charge to the public. If the facility Is not used in compliance
with this condition, the easement will automatically terminate and the land shall revert to
GRANTOR.
9. GRANTEE agrees to post a sign provided by the Division of State Lands on the
easement premises explaining the State's interest in submerged and submersible lands.
10. GRANTEE agrees to make all repairs to the premises which are necessary for the
purposes set forth In this easement. GRANTEE further agrees to maintain the premises in
reasonable safe condition during the period of this easement. If GRANTEE fails to make the
repairs required under this provision or fails to maintain the premises In reasonably safe
condition, GRANTOR may revoke this easement, provided GRANTEE fails to make the
necessary repairs or perform the required maintenance within a reasonable time not to
exceed thirty (30) days after written notification by GRANTOR.
11. GRANTEE agrees to defend and hold GRANTOR harmless from any and all claims
suffered or alleged to be suffered on the premises. Further, GRANTEE shall be responsible for
the payment of any fines or penalties charged against the premises as a result of GRANTEE's
action In not complying with laws or regulations affecting the premises.
STATE TO CITY OF TIGARD
Tualatin River
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12, In addition to the provisions for the termination in Paragraphs 8 and 10 above, the
director, after thirty (30) days written notice, may revoke this easement for non-compliance
with any of the terms or conditions of the easement.
13. The term of this easement shall be forty (40) years from the date hereof.
WITNESS the seal of the Division of State Lands affixed this 9 t, h day
of A p r i l 1991.
- i
y
t
STATE OF OREGON, acting by and through its Division of
State Lands
Janet . Neuman, Director
STATE TO CITY OF TIGARD
Tualatin River
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eas:113
Uregon
CERTIFIED LETTER D I V I S I O N O F
STATE LANDS
April 10, 1991 STATE LAND BOARD
BARBARA ROBERTS
Governor
Mr. Duane Roberts PHIL KEISLING
Administrative Planner Secretary of State
ANTHONY MEEKER
City o f T i g a r d
13125 SW Hall Boulevard State Treasurer
Tigard, OR 97233
Dear Mr. Roberts:
You will find enclosed your original, fully executed
public recreation use easement.
As always, do not hesitate to contact us if you have any
questions.
Sincerely,
Per7E. Lumley
Ownership Coordinator
PEL/mam
Enclosure
per:71
cc: Steve Purchase
q
775 Summer Street NE
Salem, OR 97310
(503) 378-3805
FAX (503) 378-4844