99-049041
• STAT- - OREGON l SS
County of Washington
1, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
AFTER RECORDING, RETURN TO' Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
RETURN RECORDED DOCUMENT TO: county,
CITY RECORDS SECTION,
CITY OF TIGARD
13125 SW Hall Blvd. Jerry R. Hanson, Director of
Tigard, OR 97223 Assessment and Taxation, Ex-
Officio County Clerk
Doc : 99049041
UNTIL A CHANGE IS REQUESTED, Rect: 230188 41.00
ALL TAX STATEMENTS SHALL BE 04/21/1999 11:24:50am
SENT TO THE FOLLOWING ADDRESS:
EASEMENT AGREEMENT
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THIS ACCESS EASEMENT AGREEMENT (the "Agreement") is made the oA_0 day of A
1998, by and between the CITY OF TIGARD, an Oregon municipal corporation ("Grantor") and the
TIGARD-TUALATIN SCHOOL DISTRICT 23J ("Grantee").
RECITALS
A. Grantor is the owner of certain real property more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference.
B. Grantee is the owner of adjacent real property more particularly described on Exhibit
"B" attached hereto and incorporated herein by this reference.
C. Grantee desires to obtain, and Grantor desires to grant, a temporary non-exclusive
easement for access to a portion of the property of Grantor and for the installation and maintenance
of a professionally designed environmental garden for the use and benefit of students of Mary
Woodward Elementary School upon the terms and conditions described herein.
GRANT OF EASEMENT
1. Grant of Easement. Grantor hereby grants to Grantee, for the use of its
administrators, faculty, students, contractors, guests and invitees a temporary, exclusive easement
for access to and use of the property described in Exhibit "C" and incorporated herein by this
reference (the "Easement Property") for the purpose of installation and maintenance of a
professionally designed environmental garden. The easement granted herein is for the benefit of
Grantee, and is not appurtenant to Grantee's property described on Exhibit "B" and does not run with
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the land.
2_ Conditions Precedent to Right to Use of Easement. Grantee agree that its right to use
the Easement Property is limited to the purposes described in Section 1 of this Agreement. As a
condition precedent to the effectiveness of this Agreement, Grantee shall obtain the prior written
approval of Grantor to a site plan and design for the garden proposed to be installed and maintained
on the Easement Property. Grantor may condition or withhold its consent and approval of the site
plan and/or design in its exclusive discretion. Grantee agrees that it shall not enter onto the Easement
Property prior to approval of the site plan and design by Grantor.
3. Termination of Easement and Restoration of Easement Property. The easement
granted by this Agreement may be terminated at any time by Grantor effective six months from the
date of written notice of termination delivered to Grantee in the manner hereinafter provided. Upon
notice of termination by Grantor, Grantee agrees to remove all improvements and plantings placed
by Grantee on the Easement Property, and to restore the Easement Property to its condition at the
effective date of this Agreement.
4. Maintenance of the Easement Property. From and after the date of Grantor's approval
of the site plan and design for Grantee's use of the Easement Property, Grantee shall, at all times,
maintain the Easement Property, and all plants and improvements thereon, in such a manner as to
prevent excess surface water run-off across, erosion of, and trespass to the property of Grantor
described in Exhibit "A" and not included within the Easement Property, and shall not permit waste
nor cause or permit a public or private nuisance to exist on the Easement Property.
5. Indemnity. Grantee shall indemnify, defend, protect and hold Grantor and Grantor's
elected officials, employees and agents harmless from and against any and all actual or potential
claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs
and expenses, including, without limitation, reasonable attorneys fees and cosp, that arise out of or
relate in any way to Grantee's use of the Easement Property, including those which may arise from
the storage, transfer, generation, disposal, or discharge of Hazardous Materials in connection with
Grantee's use of the Easement Property. This indemnity shall survive the termination of this
Agreement. As used in this Agreement, "Hazardous Materials" means:
5.1 All substances, waste, pollutants, contaminants, and materials now or hereafter
regulated, or defined or designated as hazardous, extremely or eminently hazardous,
dangerous, or toxic, under the following Federal Statutes and their state counterparts, as well
as the implementing regulations thereof: the Comprehensive Environmental Response,
compensation and liability act of 1980, 42 USC § 9601 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 USC § 136 et seq.; the Atomic Energy Act of 1954, 42
USC § 2011 et seq., and the Hazardous Material Transportation Act, 49 USC § 5101 et seq.;
and
5.2 Any additional substances or materials that are now or hereafter become defined as
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supersedes all negotiations or previous agreements between the parties or their predecessors in
interest with respect to all or any part of the subject matter hereof.
GRANTOR: GRANTEE:
CITY OF TIGARD, an Oregon municipal TIGARD-TUALATIN SCHOOL DISTRICT
corporation 23J
By: By:
Its- Cd c yr~Y' Its:
STATE OF OREGON )
ss
County of/llu
This instrument was acknowledged before me on this day of" J~i'~ , 1998,
by the Y of the CITY OF TIGARD an Oregon
municipal corporation, on behalf of such corporation.
Z
OFFICIAL SEAL -Q_r_af
CATHERINE WHEATLEY NOTARY PUBLIC for Oregon
NOTARY PUBLIC-OREGON
COMMISSION NO. 042176 My commission expires: Ul C
MY COMMISSION EXPIRES MAY 10, 1999
STATE OF OREGON )
) ss
County of MASRI v6 rpA/ )
This instrument was acknowledged before me on this SST' day of J644t.G , 1998,
'Y-66 ~ fisl~✓ the ,~u"iks U9-*' of the T IGPIRD- T UALATIN SCHOOL
DISTRICI 1, on behalf oaid school district.
iIFFICIAL SEAL NO t Y PUB IC for O on
X_ N ANN PENDERGRASS
"_?TARP PUBLIC-OREGON My comiTuSSlon expires: /6 L~ 9
OMMISSION NO.047617
MY COMMIS' EXPIRES OCTOBER 4, 1999
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"hazardous substances", "hazardous waste", "toxic substances", or "toxic waste" under any
other federal law or under any state, county, municipal or other law applicable to the
Easement Property or under any regulations promulgated under any such law, and
5.3 Petroleum and petroleum products including crude oil and any fractions thereof, and
5.4 Asbestos; and
5.5 Natural gas, synthetic gas and any mixtures thereof.
6. Notice. Any notice required or permitted to be given by any party hereto to another shall
be deemed to have been given when sent via facsimile, overnight air courier, or deposited in the
United States mail certified, with first-class postage prepaid, addressed as follows:
If to Grantor: City of Tigard
Attn: Duane Roberts
13125 SW Hall Boulevard
Tigard, Oregon 97223
If to Grantee: Tigard-Tualatin School District 23J
/4 /~'J 11 el /5 C17 0.17
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or addressed to a party at such other address as such party shall hereafter furnish to the other party
in writing.
7. Attorney Fees. In the event suit or action is instituted to interpreter enforce the terms
of this Agreement, the prevailing party shall be entitled to recover from the other party such sums as
the court may adjudge reasonable as attorneys' fees at trial or on appeal or review of such suit or
action, in addition to all other sums provided by law.
8. No Assignment. This Agreement may not be assigned by Grantee by operation of law
or otherwise, and any attempted assignment in violation hereof shall be null and void and constitute
an act of default of this Agreement.
9. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and
I
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• EXHIBIT C
In the Southwest Quarter of Section 34, T 1 S, R 1 W, W-M., Washington County,
Oregon, beginning at the Southwest corner of said Section 34; thence South 880
40' 27" East along the North line of Brookway, a duly recorded subdivision in
Washington County, Oregon, 711 feet to a point; thence North parallel to the West
line of said Section 34, 100'; thence South 880 40' 27" East, 225 feet; thence North
parallel to the West line of said section 34, 360 feet; thence North 880 40' 27" West
225 feet; thence South parallel to the West line of said section 34, 360 feet to the
point of beginning.
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