2006-020491
Washington County, Oregon 2006.020491
0- `x2006 11:41:51 AM
r. Cnta1 Stn=13 I CASTILLO
$40.00 $8.00 $11.00 • Total = $57.00
00912484200600204910080080
AFTER RECORDING, RETURN TO: I, Jerry Hanson, Director of Assessment and Taxation
and Ex-Ofrlclo County Clerk for Washington County,
Oregon, do hereby certify that the within instrument of A4J,.
writing was received and recorded in the book of
irvl
City . q
of Tigard records of said county. 1'
Attn: City Recorder Jerry R. Hanson, Director asessmsnt and Taxatlon, +
Ex-Officio County Clerk
13125 SW Hall Boulevard
Tigard, OR 97223
GRANT OF EASEMENT
THIS GRANT OF EASEMENT ("Easement") is made and entered into the day
of V- , 2006, between THE CITY OF TIGARD, an Oregon municipal
corporation antor") and FRED W. FIELDS ("Grantee");
WITNESSETH
WHEREAS, Grantor is the record of owner of that certain real property in the City of
Tigard, Washington County, State of Oregon more fully described in Exhibit "A", attached
hereto and incorporated herein by reference (the "Grantor Property"); and
WHEREAS, Grantee is the record owner of that certain real property also located in the
City of Tigard, Washington County, State of Oregon more fully described in Exhibit "B"
attached hereto and incorporated herein by reference (the "Grantee Property"); and
WHEREAS, Grantee is desirous of obtaining an easement on, over across and under the
Grantor Property for the construction, installation, repair and replacement of utilities and a
roadway for ingress and egress to and from the Grantee Property to a public roadway, and
Grantor is desirous of providing such an easement to Grantee;
NOW, THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. Grantor conveys and grants to Grantee a permanent non-
exclusive easement for the purposes of construction, maintenance, repair, reconstruction and
replacement utilities and a roadway on, over, under and across that portion of the Grantor Parcel
described in Exhibit "C" attached hereto and incorporated herein (the "Easement Area").
2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has
the right to convey this Easement and quiet possession for the uses to be made of the Easement
Property by Grantee as set forth in this Easement, subject to all prior easements and
encumbrances of record.
3. Grantee's Rights. Grantee, and Grantee's agents, employees, and
independent contractors, shall have the right to enter upon the Easement Area for the
construction, installation, repair and replacement of utilities and a roadway for ingress and egress
to and from the Grantee Property to Hall Boulevard.
Page I - Grant of Easement
4. Grantee's Notice Of Entry. Grantee recognizes that the Grantor Property is used
by the general public for library and other purposes, and agrees to notify Grantor prior to
commencement, and coordinate with Grantor, the timing and scheduling Grantee's construction,
repair and replacement of improvements to be located in the Easement Area.
5. Maintenance. Grantee shall maintain and care for the Easement Area and all
improvements thereon constructed or operated by Grantee at no cost to Grantor. Grantee shall
also replace or restore to its original condition all portions of the Grantor Property which are
damaged, disturbed or destroyed by reason of Grantee's, and Grantee's employees', contractors',
agents' and invitees', negligence, actions or failures to act.
6. Agreement to Terminate Easement on Public Road Extension. Grantee
acknowledges that the Easement Area is part of the alignment of an extension of that certain
public roadway currently named Wall Street, and that Grantor may, at some future date, desire to
extend Wall Street or its successor public roadway on, over, under and across the Easement
Area. In the event the City shall intend to extend the said roadway, it shall give to Grantee
written notice thereof. Within sixty (60) days of said notice, Grantee agrees to deliver to Grantor
a quitclaim deed conveying to Grantor all Grantee's right, title and interest in the Grantor
Property created by and set forth in this Easement. In consideration for delivery of said
quitclaim deed, Grantor agrees that it shall at all times after the recording of said quitclaim deed,
and during and after construction of said roadway extension, keep open a public access way to
and from the Grantee property that is suitable for passage by motor vehicles, and shall relocate
and reinstall at the Grantor's expense any utilities located in the Easement Area in a manner that
will permit continuation of the use of such utilities without unreasonable interruption. Grantor's
obligations pursuant to this Section 6 shall survive the termination of this Easement.
7. Easement in Lieu of Other Easement Rights. The Easement granted herein is in
lieu of and supercedes the easement described in that certain License Agreement between
Grantor and Grantee dated November 14, 2002, and amended September 13, 2005, by which
Grantor agreed to provide Grantee with an easement across the southerly fifty feet (50') of the
Grantor Property upon circumstances described in the License Agreement. Grantee
acknowledges and agrees that the easement granted herein is in lieu of the easement described in
the License Agreement and the grant of easement contained herein fully satisfies Grantor's
obligation to grant an easement to Grantee as described in the License Agreement.
Notwithstanding the foregoing, the license set forth in the License Agreement, as amended, is
not terminated by the easement granted herein, but shall remain in effect until such time as
Grantee shall have actual, physical access to the Grantee Property.
8. Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor
from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement
Property by Grantee, its agents, employees, independent contractors, and other such parties.
Grantee assumes all risk arising out of Grantee's use of the Easement Property and Grantor shall
have no liability to Grantee or others using the Easement Property by or through Grantee.
9. Grantor's Warranty. Grantor, its heirs, successors and assigns, covenants that
Page 2 - Grant of Easement
Grantor has the right to convey this Easement to Grantee and to provide quiet possession thereof
in Grantee for the purposes stated herein.
10. Time. TIME IS OF THE ESSENCE of this Easement.
11. Notice. All notices given pursuant to this Easement shall be in writing and shall
be effective when personally delivered, or 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 below or such other address as the party may indicate by written notice to the other:
City of Tigard Fred W. Fields
Attn: Agustin P. Duenas, P.E. 1149 SW Davenport Street
City Engineer Portland, Oregon 97201
13125 SW Hall Boulevard
Tigard, OR 97223
12. Breach - Remedies - Equitable Relief. The parties acknowledge that the uses
provided by this Easement are unique in that money damages along for breach of this Easement
are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at
law or a suit in equity to obtain relief, including specific performance, injunctive relief and any
other available equitable remedy.
13. Legal Effect and Assignment. The provisions of this Grant of Easement shall be
binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal
representatives, successors and assigns. The rights granted herein run with the land for the
benefit of the Grantee Parcel and as a burden upon the Grantor Parcel.
14. Attorneys' Fees. In the event suit or action, including arbitration and any action
pursuant to bankruptcy laws, is instituted to interpret or enforce the terms of this Easement, the
prevailing party shall be entitled to recover from the other party such sums as the arbitrator or
court may adjudge reasonable as attorneys' fees at arbitration or trial and on appeal and review.
15. Severability. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any
provisions contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no legal right to contract, the latter shall prevail; but the
provision of this Easement which is affected shall be curtailed and limited only to the extent
necessary to bring it within the requirements of the law.
16. Modification or Amendments. No amendment, change or modification of this
Easement shall be valid, unless in writing and signed by all the parties hereto.
17. Waiver. Failure of either party at any time to require performance of any
provision of this Easement shall not limit the party's right to enforce the provision, nor shall any
waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a
Page 3 - Grant of Easement
waiver of the provision itself or any other provision.
18. Entire Agreement. This Easement constitutes the entire agreement between and
among the parties, integrates all of the terms and conditions mentioned herein or incidental
hereto, and 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.
IN WITNESS WHEREOF, the parties have executed this Easement as of the day and
year first above written.
GRANTOR: GRANTEE:
The City of Tigard, an Oregon
munici al corp ration
By: Craig Prosser Fred W. Fields
Its: City Manager
STATE OF OREGON )
County of O)Ash sn )
This instrument was acknowledged before me on this 'day of ,
2006, by Frd UJ- F.
OFFICIAL SEAL NOTARY P C for Oregon
DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 373021
MY COMMISSION EXPIRES SEPT. 25, 2007
State of Oregon )
County of " 4tf ► )
This instrument was acknowledged before me on this ~tG day of J'-tN o/1
2006, by E . A , N C T 1141, A-f51 5 T /V$ J T-1 o T?-i & C (T
OFFICIAL SEAL T RY PU IC for Oregon
ro J BENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 368086
MY COMMISSION EXPIRES APR. 27, 2007
Page 4 - Grant of Easement
EXHIBIT"A"
Legal Description of Grantor Property
Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as
follows:
Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being
the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision
Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the
Northeast corner of Lot 1 Edgewood and the True Point of Beginning; thence N 87° 39' 50"
W, along the north line of said Lot 1, a distance of 861.59 feet to the easterly right-of-way of SW
Hall Blvd.; thence S 00° 19' 56" W, along said right-of-way, a distance of 339.89 feet to the
south line of said Lot 1; thence S 87° 39' 50" E, along said south line, a distance of 846.57 feet
to the east line of said Lot 1; thence N 02° 51' 59" E along said east line, a distance of 339.70
feet to the true point of beginning.
Page 5 - Grant of Easement
EXHIBIT"B"
Legal Description of Grantee Property
Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as
follows:
Beginning at the Re-entrant Corner on the south line of the W.W. Graham DLC # 39 also being
the east line of Edgewood as recorded in Book 2 Page 73 of the Washington County Subdivision
Records; thence N 02° 51' 59" E, along the said east line, a distance of 1020.49 feet to the
Northeast corner of Lot 1 Edgewood; thence N 87° 39' 50" W, along the north line of said Lot
1, a distance of 150.10 feet; thence leaving said north line N 05° 47' 30" E a distance of 597.45
feet to the southerly right-of-way of the Oregon State Department of Transportation Railroad
formerly Oregon Electric Railroad; thence S 42° 16' 12" E, along said southerly right-of-way, a
distance of 398.74 feet; thence S 40° 07' 12" E , along said southerly right-of-way, a distance of
1737.57 feet to the south line of the W.W. Graham DLC No. 39; thence N 89° 49' 41" W, along
said south line, a distance of 1349.24 feet to the point of beginning
Page 6 - Grant of Easement
Exhibit "C"
Legal Description of Easement Area
Located in a tract of land situated in the southeast one-quarter of section 2 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. The
Easement is described as follows:
Commencing at the 5/8" Iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set
at the intersection of the easterly right-of-way of SW Hall Blvd 30.00 feet from center line, with
the south line of Lot 1 Edgewood as shown on survey no. 29031 of the Washington County
Survey Records; thence S 87° 39' 27" E, along said south line, a distance of 291.15 feet; thence
N 75° 44' 01" E a distance of 47.71 feet to the True Point of Beginning and point of curve of a
curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle
of 13° 39' 17" (a chord which bears N 68° 54' 23" E, 113.89) and a length of 114.16 feet;
thence N 62° 04" 44" E a distance of 472.50 feet to the east line of Lot 1 Edgewood; thence N
02° 52' 19" E, along said east line, a distance of 43.09 feet to a 5/8" Iron rod with yellow plastic
cap marked DEHAAS & ASSOC. INC at the northeast corner of said Lot 1; thence N 87° 40'
14" W, along the northerly line of said Lot 1, a distance of 45.63 feet; thence S 62° 04' 44" W a
distance of 455.14 to a point of curve of a curve to the right; thence along said curve to the left
with a radius of 419.00 feet, a central angle of 13° 39' 17" (a chord which bears N 68° 54' 23" E,
99.62) and a length of 99.86 feet; thence S 14° 15' 59" E a distance of 60.00 feet to the true
point of beginning.
Containing 35234 square feet.
Page 7 - Grant of Easement
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Exhibit "C"
Drawing Showing Easement Area
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Page 8 - Grant of Easement