2014-040623 • Washington County,Oregon 2014-040623
D-E
Stn=11 S PFEIFER 07/03/2014 03:09:23 PM
After Recording, Return to: $40.00$1 1.00$5.00$20.00 $76.00
1,Richard Hobernlcht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
City Records—City of Tigard certify that the within Instrument of wntlng was received and
recorded in the book of records of said county.
13125 S.W. Hall Boulevard Richard Hohemicht, Director of
Tigard, OR 97223 Assessment and Taxation, Ex-Officio
•
EASEMENT AGREEMENT
DO This Easement Agreement(this "Agreement") is made and entered into this f ay of
(Ss' January, 2014, between and among Beverly J. Froude, Trustee of the Beverly Froude Survivor's
--- Trust u/a dtd. 3/11/97 and Trustee of the Carl J. Froude Credit Shelter Trust u/a dtd. 3/11/97, and
the City of Tigard, Oregon, an Oregon municipal corporation (the"City").
Recitals
A. The real property described on Exhibit A attached hereto (the "Froude Property")
is owned by Beverly J. Froude, Trustee of the Beverly Froude Survivor's Trust u/a dtd. 3/11/97,
as to an undivided 55.56% interest, and by Beverly J. Froude, Trustee of the Carl J. Froude
Credit Shelter Trust u/a dtd. 3/11/97, as to an undivided 44.44% interest. Beverly J. Froude, as
trustee of the two above-described trusts, shall hereinafter be referred to as"Froude." Froude
and the City shall from time to time hereinafter be collectively referred to as the "Parties"and
each, as a"Party."
B. Froude has been asked to grant to the City a nonexclusive 15-foot wide easement
over a portion of the Froude Property for the operation, maintenance, repair, and replacement of
a public water line. Froude is willing to grant such easement pursuant to the terms and
conditions set forth below.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
Parties contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Froude and the City agree as follows:
1. Grant of Water Line Easement. Froude hereby grants to the City a permanent and
nonexclusive easement(the"Water Line Easement") in, on, over, and across that portion of the
Froude Property described on Exhibit B attached hereto,and shown on the drawing attached •
hereto as Exhibit C (the "Easement Area"). The purpose of the Water Line Easement is to
provide the City with the right to operate, maintain, repair, and replace a certain public water line
(the "Water Line")that will connect certain real property situated to the southeast of the Froude
Property to an existing water line along and under Aspen Ridge Drive. All work necessary to
operate, maintain, repair, and replace the Water Line shall be performed by the City at the City's
sole cost and expense.
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After Recording, Return to:
City Records—City of Tigard
13125 S.W. Hall Boulevard
Tigard, OR 97223
EASEMENT AGREEMENT
0 This Easement Agreement(this "Agreement") is made and entered into this c9fsay of
January, 2014, between and among Beverly J. Froude, Trustee of the Beverly Froude Survivor's
Trust u/a dtd. 3/11/97 and Trustee of the Carl J. Froude Credit Shelter Trust u/a dtd. 3/11/97,and
V") the City of Tigard, Oregon, an Oregon municipal corporation(the"City").
Recitals
A. The real property described on Exhibit A attached hereto(the "Froude Property")
is owned by Beverly J. Froude, Trustee of the Beverly Froude Survivor's Trust u/a dtd. 3/11/97,
OfC. as to an undivided 55.56% interest, and by Beverly J. Froude,Trustee of the Carl J. Froude
2 Credit Shelter Trust u/a dtd. 3/11/97, as to an undivided 44.44%interest. Beverly J. Froude, as
Q trustee of the two above-described trusts, shall hereinafter be referred to as"Froude." Froude
and the City shall from time to time hereinafter be collectively referred to as the"Parties"and
.„, each, as a"Party."
B. Froude has been asked to grant to the City a nonexclusive 15-foot wide easement
over a portion of the Froude Property for the operation, maintenance, repair, and replacement of
a public water line. Froude is willing to grant such easement pursuant to the terms and
conditions set forth below.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
Parties contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Froude and the City agree as follows:
1. Grant of Water Line Easement. Froude hereby grants to the City a permanent and
nonexclusive easement (the"Water Line Easement") in, on,over,and across that portion of the
Froude Property described on Exhibit B attached hereto and shown on the drawing attached
hereto as Exhibit C (the "Easement Area"). The purpose of the Water Line Easement is to
provide the City with the right to operate, maintain, repair, and replace a certain public water line
(the"Water Line")that will connect certain real property situated to the southeast of the Froude
Property to an existing water line along and under Aspen Ridge Drive. All work necessary to
operate, maintain, repair, and replace the Water Line shall be performed by the City at the City's
sole cost and expense.
PDX112622811913 57V FD111477345.4
2. The City's Work in the Easement Area. The City shall provide Froude with
reasonable prior notice before entering upon or performing any work in the Easement Area. All
work performed by or on behalf of the City in connection with operating,maintaining, repairing,
and/or replacing the Water Line shall comply with all applicable regulations, ordinances, and
other laws. After performing any maintenance or repair work on the Water Line, the City shall
promptly restore the Easement Area to the same condition it was in prior to the performance of
such work and promptly repair any damage to the Easement Area and any other portion of the
Froude Property caused by or resulting from such work.
3. Froude's Use of the Easement Area. Froude shall have the right to use the
Easement Area for all purposes not inconsistent with the purposes of the Water Line Easement.
Froude shall not construct any building or other structure in the Easement Area or plant any trees
in the Easement Area without the City's prior written consent.
4. Specific Performance; Injunctive Relief. In the event either Party hereto shall fail
to perform any of its obligations under this Agreement within ten (10)days' after notice from the
other Party of such failure to perform, the Party to whom such obligation is owed shall be
entitled to require such performance by suit for specific performance or, where appropriate,
through injunctive relief. Such remedies shall be in addition to any other remedies afforded
under Oregon law and under this Agreement.
5. Indemnification. Subject to the limits of the Oregon Tort Claims Act, the City
shall indemnify Froude for, hold Froude harmless from, and defend Froude (with counsel
reasonably acceptable to Froude) against all claims arising from property damage,personal
injuries, or other harm caused by the City or any of the City's agents, employees,customers,
contractors, subcontractors, or invitees in connection with the Water Line Easement, their use of
the Easement Area, and/or their activities in, on, or under the Easement Area or any other portion
of the Froude Property. Froude shall indemnify the City for,hold the City harmless from, and
defend the City(with counsel reasonably acceptable to the City) against all third-party claims
asserted against the City arising from property damage, personal injuries, or other harm caused
by the negligence or intentional misconduct of Froude in connection with the Easement Area.
6. Notices. All notices or other communications required or permitted under this
Agreement shall be in writing and shall be (a)personally delivered (including by means of
professional messenger service), which notices and communications shall be deemed given on
receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid,
return receipt requested, which notices and communications shall be deemed given three (3) days
after deposit in the United States mail; (c) sent by overnight delivery using a nationally
recognized overnight courier service, which notices and communications shall be deemed given
one business day after deposit with such courier; or(d) if an e-mail address is shown below, sent
by email, which notices and communications shall be deemed given on the delivering party's
receipt of a transmission confirmation.
2
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To Froude: c/o Mr. Craig Froude
3860 S.W. 75th Avenue
Portland, Oregon 97225
E-mail: craigfroude @gmail.com
To the City: City Engineer
City of Tigard
13125 S.W. Hall Boulevard
Portland, OR 97223
E-mail: mstone @tigard-or.gov
Notice of change of address shall be given by written notice in the manner detailed in this
Section 6.
7. Attorney Fees. In the event that either Party to this Agreement institutes a suit,
action, arbitration, or other legal proceeding of any nature whatsoever, relating to this Agreement
or to the rights or obligations of the parties with respect thereto, the prevailing Party shall be
entitled to recover from the losing party its reasonable attorney,paralegal, accountant, expert
witness (whether or not called to testify at trial or other proceeding) and other professional fees
and all other fees, costs, and expenses actually incurred and reasonably necessary in connection
therewith, including but not limited to deposition transcript and court reporter costs, as
determined by the judge or arbitrator at trial or other proceeding, and including such fees, costs
and expenses incurred in any appellate or review proceeding,or in collecting any judgment or
award, or in enforcing any decree rendered with respect thereto, in addition to all other amounts
provided for by law. The "prevailing Party" is the Party that receives the net monetary award
after all just credits and offsets. This cost and attorney fees provision shall apply with respect to
any litigation or other proceedings in bankruptcy court, including litigation or proceedings
related to issues unique to bankruptcy law.
8. Effect of the Water Line Easement. The Water Line Easement shall (i)be
effective as of the date first set forth above, (ii) run with the land (iii) bind and inure to the
benefit of all future owners of the Froude Property to the extent Froude is bound or benefited
hereunder, and (iv) bind and inure to the benefit of all of the City's successors and permitted
assigns to the extent the City is bound or benefited hereunder.
9. Integration/Amendment/No Third-Party Benefit. This Agreement (including all
exhibits attached to it) is the final expression of, and contains the entire agreement between
Froude and the City with respect to the subject matter of this Agreement and supersedes all prior
understandings with respect to it. This Agreement may not be modified, changed, supplemented,
or terminated, nor may any obligations under it be waived,except by written instrument signed
by the Party to be charged or by its agent duly authorized in writing. The Parties do not intend to
confer any benefit on any person, firm,or corporation other than the parties hereto.
10. Severability. If any provision of this Agreement shall be invalid or
unenforceable, the remaining provisions shall not be affected thereby, and every provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
3
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11. Interpretation. Whenever required by the context of this Agreement, the singular
shall include the plural, and the masculine shall include the feminine and the neuter, and vice
versa. This Agreement shall not be construed as if it had been prepared by one of the Parties,but
rather as if both Parties had prepared it. Unless otherwise indicated, all references to sections
and subsections are to this Agreement. The section headings used in this Agreement are
intended solely for the convenience of reference and shall not affect the interpretation of this
Agreement. All exhibits referred to in this Agreement are attached and incorporated by this
reference.
12. Counterparts. This Agreement may be executed in counterparts, each of which
will be considered an original and all of which together will constitute one and the same
agreement.
13. Assignment. The City may not assign or otherwise transfer its respective rights
under this Agreement without Froude's prior written consent, which consent shall not be
unreasonably withheld, conditioned, or delayed.
FROUDE: THE CITY:
CITY OF TIGARD, OREGON, an Oregon
A By
municipal corporation
444/07 /A Ack grii4 i Petir--1414" AA_Aj6jV
Craig Froude, as attorney-in-fact for Beverly J. 1.
Froude, Trustee of the Beverly Froude Name: M 14M t..
Survivor's Trust u/a dtd. 3/11/97, and Trustee
of the Carl J. Froude Credit Shelter Trust u/a Title: G+I4 a ill-i0Wi•
dtd. 3/11/97
STATE OF OREGON )
) ss
County of ( L e-ii )
...L)
This instrument was acknowledged before me on this)9 day 111,,,„,,_ __ __ __ , 2010
by Craig Froude, as attorney-in-fact for Bev._1„,,,cyiv1s,•
-■`
■
Notary ' blic of Oregon
OFFICIAL SEAL
My Commission Expires: Y—/L-2-09(
GLORIA J MILLER Y P
t r. NOTARY PUBLIC-OREGON
`;;;„ (,')MM'SSION NO. 447769
MY COMMISSION EXPIRES APRIL 18,2014
4
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STATE OF OREGON )
) ss
County of Washington )
This instrument was acknowledged before me on this /9iliay of Dec,',rn er-
2013,by fl je h r P ' 3 i) c , as 77,-z ,�, of the City of Tigard,
Oregon. �O o
•. OFFICIAL SEAL
CAROL A KRAGER Notary Public of Oregon
`' NOTARY PUBIJGOREGON My Commission Expires: v9 /a4//
COMMISSION NO.445625
MY COMMISSION EXPIRES FEBRUARY 23,2014
5
PDX112622811913571JFD\I 1477345.4
EXHIBIT A
TO
EASEMENT AGREEMENT
Beginning at a point on the East and West center line of Section Ten(10),Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon,North 89°54' East 720.7
feet from the quarter section corner on the West line of said Section Ten (10), the said
beginning point being the Southwest corner of that certain tract conveyed to Carl J.Froude et
ux as described in Deed Book 211 at Page 656, Deed Records of Washington County,
Oregon; thence North 0° 12-1/2'East along the West line of said Froude tract 829.65 feet to
a point in the center of Bull Mountain Road; thence North 86°20' East along the center line
of said road 260 feet to a point marked by an iron pipe; thence South 0° 12' West along the
East line of said Froude tract 845.79 feet to a point on the East and West center line of said
Section Ten (10); thence South 89°54' West along said East and West center line 259.53
feet to the point of beginning.
T�
13o0; Ra 1(?14
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EXHIBIT B
TO
EASEMENT AGREEMENT
A tract of land located in the Southwest One-Quarter of Section 10,Township 2 South,Range 1 West,
Willamette Meridian, Washington County,Oregon and being more particularly described as follows:
Beginning at the southwesterly corner of the plat"Aspen Ridge";thence along the west line of said plat
North 02°08'59" East 135.00 feet to the centerline of SW Aspen Ridge Dr.(25.00 feet from right-of-way
line);thence North 88°16'20"West 15.00 feet to a point;thence South 02°08'59"West 135.00 feet to a
point on the north line of document number 2012-009929;thence along said north line South 88°16'20"East
15.00 feet to the Point of Beginning.
The above described tract of land contains 2,025 square feet,more or less.
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EXHIBIT C
TO
EASEMENT AGREEMENT
N88.16'2011 S
15.00' _ SW ASPEN
o RIDGE DR.
011° c,
N
1
DOC. NO, --- 15.00' ASPEN RIDGE'
2012-101881 -H SCALE 1" = 30 FEET
EXHIBIT A
p 6d, 4f
8 o 8 a. CI S CO tv
N 8 `O
8 . 2 ^ LOT 32 LOT 33
Oil LEGEND
POINT OF BEGINNING DOC. N0. DOCUMENT NUMBER
S881 6'20.E SQ.FT. SQUARE FEET
15.00'
■�, PREPARED FOR
DOC. NO. VENTURE PROPERTIES, INC.
2012-101881 DOC. NO. 4230 GALEWOOO STREET, SUITE 100
EXHIBIT B 2012-009929 LAKE OSWEGO, OR 97035
04/26/2013
REGISTERED BEEF BEND ENGINEERING • PLANNING • LANDSCAPE ARCHITECTURE
PROFESSIONAL JOB NAME: ROAD - VENTURE FORESTRY • SURVEYING
LAND SURVEYOR
- - LICENSED fN OR & WA
j Ali* JOB NUMBER: 3252
(/ AK , 1,5910 5W GALBREATH
DRAWN BY: BTB DRIVE~ SUITE 100
OREGON j SHERWOOD, OR 97140
JANUARY 9. 2007 f PHONE (�) 925-8799
NICK WHITE CHECKED BY: NSW B.�crAa�r �T7RasrRy
70652L5 FAX: (503) 925-8969
RENEWS: 6/30/14 DWG NO.: 3252_042513_EXB OMCES LOCATED IN .SALEM, OR & VANCOUVER, WA
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