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2004-127433 Washlnnton County, Oregon 2004-127433 11lf 4 02:35:37 PM D-Eh Cnt=1 Stn=11 C WHITE $10.00 $8.00 $11.00 - Total = $27.00 AFTER RECORDING RETURN TO: 00679932200401274330020028 CITY OF TIGARD I, Jerry Hanson, Director of Assessment and Taxation and Ex-Officlo County Clerk for Washington County, Oregon, do hereby certify that the withln Instrument of writing was cords of soreved and ld records Id lcounty. ounty. recordedlnthebookof f° 13125 SW Hall Boulevard re ecor Tigard OR 97223 Jerry R. Hanson, Director ssessmCentandTaxation, Ex-Officlo County Clark RELEASE OF EASEMENT For good and valuable consideration consisting of the grant and acceptance of a replacement easement, THE CITY OF TIGARD, an Oregon municipal corporation (the "City"), hereby releases and reconveys to CLEAN WATER SERVICES, formerly Unified Sewerage Agency of Washington County, Oregon, a county service district formed pursuant to ORS Chapter 451 ("CWS"), all right, title and interest of the City in and to that certain easement granted by CWS to the City by instrument dated December 16, 1997, and recorded in the official records of Washington County, Oregon on January 7, 1998, as instrument number 98001400. IN WITNESS WHEREOF, the parties hereto have executed this Release of Easement on September U__, 2004. THE CITY OF TIGARD, an Oregon municipal corporation B. Its: 14 k1 A ,s { v-- STATE OF OREGON ) COUNTY OF % d ti~ ) This I*nstrument was acknowledged before me on this n th day of 2004, by Z/-)/ G(I gxlr,6g~2 , the of the City of Tigard, an Oregon municipal corporation, on behalf of the ty. NO ARY PUBLIC, STATE OF OREGON OFFICIAL SEAL My Commission Expires: pD JANE MC GARVIN NOTARY PUBLIC-OREGON COMMISSION NO. 379316 MY COMMISSION EXPIRES MAY 28, 2008 C:OOCUME- I \Duane\LOCALS- I \Temp\Release of Easement (091404).doc 1111111111111111111111 IN III 2004-127433 Clean Water Services, a County Service District, hereby accepts the reconveyance of easement set forth above CLEAN' WA R r S By: Its: 147 1 STATE OF OREGON ) COUNTY OF ) This instrument was acknowledged before me on this day of 2004, by C • r u: , the - - , of Clean Water Services, on behalf of the district. NOTARY LIC, STATE F OREGON My Commission Expires: OFFICIAL SEAL TRUDY A. HULL NOTARY PUBLIC-OREGON COMMISSION NO, 378960 MY COMMISSION EXPIRES MAY 9, 2008 C:\DOCUME-1\Duane\LOCALS-I\Temp\Release of Easement (091404).doc S)-.,z OF OREGON County of Washington SS I, Jerry R. Hanson, Director of Assess- ment and Taxation and Ex-Officio County Clerk for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk Doc : 98001400 Rect: 200805 43.00 01/07/1998 03:40:03pm do AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE Attn: Dominic G. Colletta SENT TO THE FOLLOWING O'Donnell Ramis Crew ADDRESS: Corrigan & Bachrach LLP Attorneys at Law No change in tax statements. 1727 NW Hoyt Street Portland, OR 97209 EASEMENT FOR ACCESS, BIKEWAY, PEDESTRIAN WAY AND TRAIL EASEMENT Unified Sewerage Agency of Washington County, Oregon, a county service district formed under ORS Chapter 451, hereinafter called the Grantor, grants and conveys unto the City of Tigard, an Oregon municipal corporation, hereinafter called the Grantee, a perpetual nonexclusive easement over, across, and under the land and real property described in the attached Exhibit "A" for access, ingress, egress and construction and maintenance of a trail, bicycle way and pedestrian way, which may be used by pedestrians and non-motorized mechanical means of transportation, such as bicycles, and for no other purposes. The Grantee shall have the right to place, construct, operate, replace, maintain, inspect, reconstruct, install necessary improvements, and in connection therewith may remove any trees, shrubs, or brush necessary or convenient to accomplish said purpose. THE TRUE CONSIDERATION for this conveyance is $1,300.00. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated herein, nor otherwise prevent Grantor from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and the easement shall immediately revert to the Grantor, its successors, and assigns in the case of such event. Page - 1 EASEMENT Z-0 This Easement is subject to the following terms and conditions: 1. Purpose of the Easement. Grantor hereby grants to Grantee a perpetual, nonexclusive easement across the property of Grantor in the location described in Exhibit A ("Trail Easement"). The purpose of this Trail Easement is to provide Grantee access over and across the property of Grantor in order to construct and maintain a trail providing pedestrian and nonmotorized bicycle access connecting Grantee's Cook Park to Durham City Park and the Fanno Creek Trail System. 2. Scope of Grantee's Use. Grantee shall have the right to use the Trail Easement for ingress and egress and to perform routine and emergency maintenance and repairs to the trail. Grantee shall also have the right to use the Easement for construction, reconstruction, maintenance and repair of the trail and Grantee may use equipment and vehicles deemed appropriate by Grantee for such purposes. 3. Scope of Grantor's Use. The Grantor shall have the right to use the Trail Easement for all purposes consistent with the Grantee's easement rights granted herein. No permanent or temporary structures shall be built or erected within the Trail Easement without written consent of Grantee, which shall not be unreasonably withheld. 4. Maintenance and Repair. Grantee and Grantor shall share the cost to maintain and repair the trail in proportion to their respective uses of the Trail Easement. At the time of execution of this easement and maintenance agreement, the parties anticipate that Grantor will account for 10% of the use of the Trail Easement and Grantee for 90%. Upon written request by one of the parties, this formula shall be re-examined and adjusted as needed to reflect the actual levels of use by each party. Also, upon written request by one of the parties, the parties will meet, confer and agree upon the nature, scope and cost of maintenance and repair work. Grantor and Grantee shall maintain the Trail Easement in a manner that is continuously safe for trail use. If either party fails or refuses to make repairs which are required by this section, the other party may make the repairs and charge the actual cost of the repair or maintenance work to the defaulting party, together with interest at the rate of 9% per annum. Reimbursement, plus interest, of repair or maintenance costs shall not constitute a waiver of any other right or remedy possessed by the nondefaulting party. Except in an emergency creating an immediate risk of personal injury or property damage, the parties must give at lease ten (10) days notice, in writing, before commencing maintenance or repair work in order to maintain the right to collect reimbursement plus interest for such work. 5. Indemnity. Within applicable limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, Grantor and Grantee each agree to indemnify and hold the other harmless for their respective acts or failure to act, to include their respective officers, employees, agents, contractors and representatives from and against all claims, demand and causes of actions or suits of any kind or nature arising from use of the Trail Easement. Page - 2 EASEMENT 6. Duration of the Easement. Upon approval by the Board of Directors of the Unified Sewerage Agency ("Agency Board") in a regularly scheduled public meeting, the Grantee's easement rights under the terms of this agreement shall become effective subject to the terms of a lease between Grantor and John and Sally Thomas ("Thomas Lease"). This Easement shall remain in effect perpetually. 7. Hazardous Materials. Subject to applicable limits of the Oregon Tort Claims Act, Grantee agrees to indemnify, defend and hold harmless Grantor, its employees, representatives, contractors, subcontractors, agents, lessees, successors and assigns from any loss, claim or liability arising from the release of hazardous substances onto or from the property caused by the Grantee, its officers, agents, contractors or employees. It is understood and agreed that Grantee, by accepting this Trail Easement, is not accepting any liability for release of hazardous substances onto or from the property which occurred prior to or did not arise from Grantee's use of the easement, and that the Grantor is not attempting to convey any such liability to Grantee. In the event of contamination of the property by hazardous materials caused by Grantee, Grantee shall take all remedial actions necessary to bring the affected property into compliance with all applicable state, federal and local laws. The term"Hazardous Material" shall include any hazardous or toxic substance, material or waste identified as such by applicable local, state or federal law or regulation including petroleum products. 8. Breach of Obligation. In the event either party engages in any conduct inconsistent with its rights or obligations under this instrument, the other party shall be entitled to all remedies provided by Oregon law, including specific performance and injunctive relief. 9. Attorney Fees. In the event of any litigation arising under this instrument, the prevailing party shall be entitled to recover from the nonprevailing party the prevailing party's reasonable costs and attorney fees at trial or on appeal as adjudged by the trial or appellate court. 10. Effect of the Easement. Subject to the Thomas Lease and all prior easements or encumbrances of record, the rights, convenants and obligations contained in this Easement shall bind, burden and benefit each party's successors, assigns, invitees and lessees. IN WITNESS WHEREOF, the parti hereto have executed this Trail Easement and Maintenance Agreement on f- , /6,1997. Unified Sewerage Agency UNIFIED SEWERAGE AGENCY Public Services Building 155 N. First Avenue, Room 270 Hillsboro, OR 97124 By Its: Page - 3 EASEMENT APPROVED AS TO FORM: AGREED TO BY LESSEES OF USA B By: A. ency Legal Counsel Jo Thomas L By LA- Sally Thomas! STATE OF OREGON ) ss. County of Washington ) This in en w ledged before m n this yof -eC , 1997, by athe of Unified Sewerage Agency, on behalf said company. OFFICIAL SEAL MARGARET BYRNE NOTARY PUBLIC -OREGON COW.IISSION NO.038293 Pao " E C,,. r` OCT C2,1998 ~•r •n.--. r.A.~ Not y lic for Ore o My Co ssion Expires: Accepted on behalf of the City of Tigard this 2-0 day of r'►~ , 1997. CITY OF TIGARD By: Cit gineer PF\Legal\CookPozk\1038b Page - 4 EASEMENT 5 1 EXHIBIT Page 1 of LEGAL DESCRIPTION Pages FOR ACCESS AND TRAIL EASEMENT A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT AN 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED KAMPE ASSOC. INC., BEING THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN DEED BOOK 460 PAGE 414 OF THE WASHINGTON COUNTY DEED RECORDS, ALSO BEING THE NORTHWEST CORNER OF PARCEL II AS DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE S 88'37'46" E, ALONG THE NORTH LINE OF DOCUMENT NUMBER 96080099 AND THE SOUTH LINE OF PARCEL 2 OF PARTITION PLAT 93-078 AS RECORDED IN THE WASHINGTON COUNTY RECORDS, A DISTANCE OF 514.88 FEET TO THE SOUTHEAST CORNER OF SAID PARTITION PLAT; THENCE S 1 ° 35'43" W, ALONG THE EXTENSION OF THE EAST LINE OF SAID PARTITION PLAT, A DISTANCE OF 525.00 FEET; THENCE S 67° 39' 13" W A DISTANCE 166.70 FEET TO A POINT 105.00 FEET FROM THE TOP OF THE HIGH BANK OF THE TUALATIN RIVER(WHEN MEASURED AT RIGHT ANGLES) AND THE TRUE POINT OF BEGINNING; THENCE 105.00 FEET FROM AND PARALLEL TO THE OF TOP OF THE HIGH RIVER BANK THE FOLLOWING TWELVE COURSES; THENCE S 30'23'44" E A DISTANCE OF 49.89 FEET; THENCE S 21° 14' 53" E A DISTANCE OF 36.49 FEET; THENCE S 07° 25' 50" E A DISTANCE OF 14.02 FEET; THENCE S 36° 19' 23" E A DISTANCE OF 40.88 FEET; THENCE S 08° 10'39" E A DISTANCE OF 39.33 FEET; THENCE S 16'08'34" E A DISTANCE OF 101.09 FEET; THENCE S 01° 28'27" W A DISTANCE OF 102.65 FEET; THENCE S 14° 41'57" W A DISTANCE OF 95.54 FEET; THENCE S 13° 32' 50" W A DISTANCE OF 77.53 FEET; THENCE S 21 ° 18' 16" W A DISTANCE OF 83.13 FEET; THENCE S 12° 10' 49" W A DISTANCE OF 75.69 FEET; THENCE S 17° 33'30" W A DISTANCE OF 44.16 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 1 WEST WILLAMETTE MERIDIAN, ALSO BEING THE NORTH LINE OF THE TUALATIN COUNTRY CLUB PROPERTY AS DESCRIBED IN BOOK 105 PAGE 445 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 88'38'48" W, ALONG SAID NORTH LINE, A DISTANCE OF 31.25 FEET TO A POINT 75.00 FEET FROM THE TOP OF THE HIGH BANK OF THE TUALATIN RIVER; THENCE 75.00 FEET FORM AND PARALLEL WITH THE TOP OF SAID HIGH • EXHIBIT N - Page -.Z4- of PA Pages BANK THE FOLLOWING TWELVE COURSES; THENCE N 17'33'30" E A DISTANCE OF 51.47 FEET; THENCE N 12° 10'49" E A DISTANCE OF 76.68 FEET; THENCE N 21° 18' 16" E A DISTANCE OF 83.49 FEET; THENCE N 13° 32' 50" E A DISTANCE OF 75.80 FEET; THENCE N 14'41'57" E A DISTANCE OF 92.36 FEET; THENCE N O1 ° 28' 27" E A DISTANCE OF 94.52 FEET; THENCE N 16° 08' 34" W A DISTANCE OF 98.53 FEET; THENCE N 08° 10' 39" W A DISTANCE OF 33.90 FEET; THENCE N 36° 19' 23" W A DISTANCE OF 41.09 FEET; THENCE N 07° 25'50" W A DISTANCE OF 18.12 FEET; THENCE N21 ° 14'53" W A DISTANCE OF 30.46 FEET; THENCE N 30° 2-3'44" W A DISTANCE OF 51.73 FEET; THENCE N 67° 39' 13" E A DISTANCE OF 30.30 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 22633 SQUARE FEET. i \cng\johnrh\cookpkad. des O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP JEFF H. BACHRACH CLACKAMAS COUNTY OFFICE MARK L. BUSCH 1727 N.WATTORNEYS LAW 181 N. Grant, Suite 202 orr]. Hoyt t Street Canby, Oregon 97013 D. DANIEL CHANDLER P Portland, Oregon 97209 DOMINIC G. COLLETTA** TELEPHONE: (503) 266-1149 CHARLES E. CORRIGAN* TELEPHONE: (503) 222.4402 STEPHEN F. CREW FAX: (503) 243-2944 MARTIN C. DOLAN VANCOUVER, WASHINGTON OFFICE GARY F. FIRESTONE* First Independent Place WILLIAM E. GAAR PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street, Suite 451 G. FRANK HAMMOND* Vancouver, Washington 98660-2964 MALCOLM JOHNSON* TELEPHONE: (360) 699-7287 MARK P. O'DONNELL FAX: (360) 699-7221 T. CHAD PLASTER January 9, 1998 TIMOTHY V. RAMIS ry WILLIAM J. STALNAKER JAMES M. COLEMAN SPECIAL. COUNSEL • ALSO ADMITTED TO PRACTICE 1N WASHINGTON ALSO ADMITTED TO PRACTICE IN CALIFORNL4 ADMITTED TO PRACTICE IN WASHINGTON ONLY ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA I Tom Vanderplaat Unified Sewerage Agency 155 N. First Avenue Suite 270, MS 10 Hillsboro, Oregon 97124 Re: Thomas Dairy Property/Conveyances to City of Tigard Dear Mr. Vanderplaat: Enclosed please find a copy of the recorded the Easement for Access, Bikeway, Pedestrian Way and Trail Easement with regards to the above-referenced transaction. The easement was recorded on January 7, 1998, as Document No. 98001400 in the official records of Washington County, Oregon. Very t ly yours, -117 nq2omfnic G. Colletta DGC/nak Enclosure cc: Duane Roberts (w/encl.) 1 O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP JEFF H. BACHRACH CLACKAMAS COUNTY OFFICE MARK L. BUSCH ATTORNEYS LAW D. DANIEL CHANDLER 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 Portland. Oregon 97209 Canby, Oregon 97013 DOMINIC G. COLLETTA** TELEPHONE: (503) 266-1149 CHARLES E. CORRIGAN* TELEPHONE: (503) 222-4402 STEPHEN F. CREW FAX: (503) 243-2944 MARTIN C. DOLAN VANCOUVER, WASHINGTON OFFICE GARY F. FIRESTONE" First Independent Place WILLIAM E. GAAR PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street, Suite 451 G. FRANK HAMMOND* Vancouver, Washington 98660-2964 MALCOLM JOHNSON" TELEPHONE: (360) 699-7287 MARK P. O'DONNELL FAX: (360) 699-7221 T. CHAD PLASTER January 7, 1998 TIMOTHY V. RAMIS WILLIAM J. STALNAKER JAMES M. COLEMAN SPECIAL COUNSEL " ALSO ADMITTED TO PRACTICE IN WASHINGTON ALSO ADMITTED TO PRACTICE IN CALIFORNIA ADMITTED TO PRACTICE IN WASHINGTON ONLY ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA HAND DELIVERED BY MESSENGER Washington County Recorder's Office 145 NE 2nd Hillsboro, Oregon 97124 Re: Recording Dear Sir or Madam: Enclosed for recording please find an Easement Access, Bikeway, Pedestrian Way and Trail Easement and a check in the amount of $48.50 for your recording and buy-back fees. Please record the enclosed easement and return the original to the messenger for return delivery to this office. Please call me if you have any questions concerning this letter or the enclosures. Thank you in advance for your assistance on this matter. Very truly Yours Nancy A. Kyker Legal Assistant /nak Enclosures cc: Duane Roberts (w/o encl.) A ~ ~O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP JEFF H. BACHRACH ATTORNEYS AT LAW CLACKAMAS COUNTY OFFICE MARK L. BUSCH 181 N. Grant, Suite 202 D. DANIEL CHANDLER 1727 N.W. Hoyt Street Portland, Oregon 97209 Canby, Oregon 97013 DOMINIC G. COLLETTA** TELEPHONE: (503) 266-1149 CHARLES E. CORRIGAN* TELEPHONE: (503) 222-4402 STEPHEN F. CREW FAX: (503) 243-2944 MARTIN C. DOLAN VANCOUVER, WASHINGTON OFFICE GARY F. FIRESTONE* First Independent Place WILLIAM E. GAAR PLEASE REPLY TO PORTLAND OFFICE 1220 Main Street, Suite 451 G. FRANK HAMMOND* Vancouver, Washington 98660-2964 MALCOLM JOHNSON* TELEPHONE: (360) 699-7287 MARK P. O'DONNELL FAX: (360) 699-7221 T. CHAD PLASTER January 9, 1998 TIMOTHY V. RAMIS WILLIAM J. STALNAKER JAMES M. COLEMAN SPECIAL COUNSEL * ALSO ADMITTED TO PRACTICE IN WASHINGTON ALSO ADMITTED TO PRACTICE IN CALIFORNIA ADRIITMD TO PRACTICE III' WASIIINGT.ON ONLY ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA Mr. Duane Roberts City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Easement Agreement between City of Tigard and USA Dear Duane: Enclosed herewith please find the original recorded Easement for Access, Bikeway, Pedestrian Way and Trail Easement. The enclosed easement was recorded on January 7, 1998, as Document No. 98001400 in the official records of Washington County, Oregon. We have retained a copy for our file and enclose the original easement to you for safekeeping. If you have any questions, please do not hesitate to call. Very t ly yours, minic G. Colletta DGC/nak Enclosure cc: William A. Monahan (w/o encl.)