2013-035507 RETURN RECORDED DOCUMENT TO: i Washington County, Oregon 2013- 035507
CITY HALL RECORDS DEPARTMENT, 04/22/2013 09;57.35 AM
CITY OF TIGARD
L, 13125 SW Hall Blvd. D Cnt =1 Stn =1 K GRUNEWALD
2 Tigard, OR 97223 $25.00 $5.00 $11.00 $15.00 - Total = $56.00
J�
CORPORATION
0182518320130035507005005
I, Richard Hobernicht, Director of Assessment and ,, mic .
File No C V1 2 0 11 - 00002- Taxation and Ex- Officio County Clerk for Washington . .... ; .1 e ,.: ,
`
county, Oregon, do hereby certify that the within �;r°f
Instrument of writing was received a d re orded In the y.,,,.,
EASEMENT book of records of said cou r i�;r
• I Richard Hobernicht, Director of Assessment and -�
I Taxation, Ex- Officio County Clerk
BIKEWAY AND PEDESTRIAN WAY
,1 Space above reserved, for Washington County Recording Information
\A V t( ACID 1 hereinafter called the Grantors, grant
and convey unto the City of Tigard a perpetual ea ment over, across, and tinrh r the land and real property located at
and described in the attached Exhibits A&B for a 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 purposes.
THE TRUE CONSIDERATION for this conveyance is $ 0.00. However, the actual consideration consists of or includes other property
or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this
easement, nor otherwise prevent Grantors 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 shall immediately revert to the Grantors, their
successors, and assigns in the case of such event.
TO HA VE AND TO HOLD the above- described and granted premises unto said Grantee, its - cessors, and assigns forever.
IN WITNESS WHEREOF, I hereunto set m hand on this day s-: • v , 20
0 0M 14 % (
Name of Partnership Si_ aI e 0,0 ' 1 q (449444kue,
l 1)3 f Ass Title
b o i 4 111 - n/,
Signature
STATE OF OREGON Title
) ss.
County of Washington ) �I,5
This instrument was acknowledged before me on 3 �I (date) by
1( Q, 1.( (name(s) of person (s)) as
U3( \JZ),i- Ms-e(\ 0:k (type of authority, e.g., officer, trustee, etc)
of (name of party on behalf of whom instrument was executed). OFFICIAL SEAL 1 i
= KATHY J NI DAVE
�.Z NOTARY PUBLIC- OREGON Nota 's Sign. r -
,. � COMMISSION NO 448603 4-� - 9,0114-
MY COMMISSION EXPIRES APRIL 18, 2014 My Commission Expires:
Accepted on behalf of the City of Tigard this Y.0 day of 6M' 0 t .
/ I
r :I11140
NO CHANGE IN TAX STATEMENT City Engineer
I: \ENG \Pubbc forms \Bike Ped Ezmnt -Corp - Itr.dot
EXHIBIT A
PEDESTRIAN AND BICYCLE EASEMENT
DOCUMENT NO. 2004 - 096328
JOB NO. 312212
DECEMBER 28, 2012
LEGAL DESCRIPTION
AN 8.00 FOOT WIDE STRIP OF LAND, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED TO CITY
BIBLE CHURCH, AN OREGON 501c(3) NONPROFIT CORPORATION, IN DOCUMENT NO. 2004 - 096328,
WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1
SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, THE
SIDELINES OF SAID STRIP OF LAND BEING PARALLEL WITH AND 4.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SOUTHWEST PFAFFLE STREET, SAID
SOUTHERLY RIGHT -OF -WAY LINE BEING 37.00 FEET SOUTHERLY OF THE CENTERLINE THEREOF, WHEN MEASURED
PERPENDICULAR THERETO, SAID POINT BEARS SOUTH 13 °22'47" EAST, 7.21 FEET AND NORTH 89 °29'57" WEST,
166.76 FEET FROM THE NORTHWEST CORNER OF PFAFFLE PLAZA CONDOMINIUM; THENCE LEAVING SAID
SOUTHERLY RIGHT -OF -WAY LINE SOUTH 00 °01'56" WEST, 31.43 FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE ALONG THE ARC OF A 44.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THROUGH A CENTRAL
ANGLE OF 89 °32'20" (THE LONG CHORD OF WHICH BEARS SOUTH 44 °44'14" EAST, 61.97 FEET) AN ARC DISTANCE
OF 68.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89 ° 30'24" EAST, 54.65 FEET TO THE BEGINNING OF A
TANGENT CURVE; THENCE ALONG THE ARC OF A 40.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY
THROUGH A CENTRAL ANGLE OF 76 ° 13'37" (THE LONG CHORD OF WHICH BEARS SOUTH 51 ° 23'35" EAST, 49.38
FEET) AN ARC DISTANCE OF 53.22 FEET TO A POINT OF TANGENCY; THENCE SOUTH 13 °16'47" EAST, 165.19 FEET;
THENCE SOUTH 23 °31'47" EAST, 38.82 FEET; THENCE SOUTH 13 °23'09" EAST, 182.25 FEET TO THE BEGINNING OF
A TANGENT CURVE; THENCE ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY
THROUGH A CENTRAL ANGLE OF 52 °05'00" (THE LONG CHORD OF WHICH BEARS SOUTH 39 °25'39" EAST, 17.56
FEET) AN ARC DISTANCE OF 18.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A
35.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 52 °04'57" (THE LONG
CHORD OF WHICH BEARS SOUTH 39 °25'40" EAST, 30.73 FEET) AN ARC DISTANCE OF 31.82 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 13 °23'12" EAST, 108.48 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE
ALONG THE ARC OF A 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THROUGH A CENTRAL ANGLE OF
74 °57'43" (THE LONG CHORD OF WHICH BEARS SOUTH 24 °05'40" WEST, 60.85 FEET) AN ARC DISTANCE OF 65.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 61 °34'31" WEST, 139.48 FEET; THENCE SOUTH 26 °33'58" EAST,
14.14 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF HWY 99 W AND THE POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF THE HEREIN DESCRIBED STRIP SHALL BE EXTENDED OR SHORTENED TO BEGIN ON THE
SOUTHERLY RIGHT -OF -WAY LINE OF SOUTHWEST PFAFFLE STREET, MEET AT ANGLE POINTS AND TERMINATE AT
THE NORTHERLY RIGHT -OF -WAY LINE OF HWY 99 W.
1 OF 3
CONTAINING 7,775 SQUARE FEET OR 0.178 ACRES MORE OR LESS.
THE BASIS OF BEARINGS IS THE CENTERLINE OF SW PFAFFLE STREET AS SOUTH 89 ° 29'57" EAST, PER SURVEY NO.
30084 WASHINGTON COUNTY SURVEY RECORDS.
THIS STRIP OF LAND IS SHOWN ON THE ATTACHED EXHIBIT MAP AND BY THIS REFERENCE MADE A PART
THEREOF.
REGISTERED
PROFESSIONAL
LA D SURVEYOR
� •
L REGON
i E 30, 1997
T ROY T. TETSUKA
2841
RENEWAL DATE 6 -30 -(4
2 OF 3
EXHIBIT B
A. Grant of Easement. Subject to the rights and restrictions set forth in this Agreement, Declarant
declares and imposes upon the Property a nonexclusive easement over and across the Easement Area
for the sole and limited purpose of pedestrian and bicycle ingress and egress between SW Pacific
Highway (99W) and SW Pfaffle Street. The Easement is nonexclusive and the use of the Easement Area
shall be in common with the use of the Easement Area by Declarant and its successors, assigns,
employees, students, guests, invitees, customers, contractors, subcontractors, tenants, lessees,
mortgagees, beneficiaries under any deeds of trust, and licensees.
B. Reservations. Declarant reserves the right to relocate the Easement Area from time to time, in its
sole and absolute discretion, so long as such relocated Easement Area provides for reasonably direct
pedestrian and bicycle ingress and egress between SW Pacific Highway (99W) and SW Pfaffle Street.
Declarant also permanently prevents use of the Easement Area, the Easement Area will be relocated in
accordance with the preceding sentence.
C. Restrictions.
i. No Public Forum. The Easement Area is not a traditional public forum and it is not Declarant's intent to
open or create a public forum in the Easement Area covered by this limited Easement.
ii. Ingress and Egress Only. The Easement shall be for bicycle and pedestrian ingress and egress only and
shall not entitle the City or the public to any other uses or activities, including, without limitation, the
right to (a) rest, remain, loiter or stay in the Easement Area, (b) use the Easement Area for any activity
other than ingress and egress, (c) construct any structures or improvements in the Easement Area, or (d)
collect signatures for any purpose. The public shall not interfere with use of the Property by the
Declarant Parties.
iii. Compliance with Laws and Safety. Public use of the Easement Area shall be in strict compliance with
all applicable laws and Declarant's safety standards as approved by the City. Declarant reserves the right
to exclude or remove members of the public from the Easement Area if (a) they make excessive noise,
vandalize property, threaten any of the Declarant Parties or others, bring alcohol or illegal substances on
the Property, or otherwise cause a disturbance, (b) they have in the past done any of the
aforementioned activities and have been informed that they are not to enter the Property, (c) they
otherwise violate or cause a violation of any of the terms of this Agreement or applicable provisions of
law or Declarant's safety standards, (d) Declarant determines, in its sole discretion, that an emergency
situation exists, or (e) they otherwise interfere with the activities of the Declarant Parties or
compromise the safety of the Property or the Declarant parties.
iv. Other Restrictions. Declarant may establish other restriction or limitations with respect to the
Easement Area and its use from time to time. Such restrictions shall only be effective upon a City
determination, through a Type II review.
1 / \
SW PFAFFLE ST
I.- _ BASIS OF BEARINGS S 89 °29'57" E 612.18' (PER SN 30084)
w w S13 °22'47 "E w w
POINT OF BEGINNING – \\ - .,
7 21 - o
S00 °01'56 " N89 °29'57 "W 166.76' NORTHWEST
31.43' I 1 CORNER OF
L= 68.76' 1 ` PFAFFLE PLAZA
R= 44.00' \ S89 °30'24 "E CONDOMINIUM
A =89 ° 32'20" � .. __ _ - � \
CHD =S44 °44'14 "E 54.65'
61.97' v \
L= 53.22' 4.00' 4.00'
R= 40.00' 8.00' r
A =76 ° 13'37" \ VW,
CHD =S51 °23'35 "E S \6
49.38' � \ P
\\ rn
\ .
s
7,775 SQUARE FEET \ \uo
( ACRES) ''')�
bp \ I L . \ c op 00 1851
• \ \�\ pOC' NO 20
\
� CH 6325 \ \ w
CI 00.200 O9 °
00 . N \ \ \ W
GOA° L= 18.18' \ \ 1 m Lo
P R=20.00' \
At4 0\0 S M j9:039W A =52 °05'00, \ \
pOC. NO' CHD =S39 ° 25'39 "E \ \
17.56' \ \
L= 31.82' \`\
R= 35.00' \ �,
A =52 °04'57" \ \ \N
CHD =S39 ° 25'40 "E co \
30.73' L= 65.42' °°- \ ;
• R= 50.00' \ \
A =74 ° \ 1
CHD =S24 °05'40 "W 1), .
60.85' /
Aa // /
ti �
3�j� /
S 6ti /,
S26 ° 33'58 "E < / •''
• 14.14' ^^11 9 �\ NORTH
EnUri —
SCALE: 1" = 100'
Consulting Engineers EXHIBIT MAP DATE: DECEMBER 28, 2012
111 SW. Fifth WESTSIDE CHRISTIAN HIGH SCHOOL DRAWN BY: JRD
Suite 2400 00
Portland Oregon 97204 PEDESTRIAN AND BICYCLE EASEMENT CHECKED BY: TTT
Phone' (509)717 3251 SW 1/4, SECTION 36, T 1 S, R 1 W, W.M. PROJECT NO. 312212
Fax (503) 274 -4681
CITY OF TIGARD / WASHINGTON COUNTY / OREGON SHEET: 3 OF 3