2016-042925 ~ Lincoln Street & Oak Street ~ Bicycle & Pedestrian Access Easement Agreement Washington County,Oregon 2016-042925
D-E
Stn=18 K GRUNEWALD 06/06/2016 09:38:30 AM
$40.00$11.00$5.00$20.00 $76.00
AFTER RECORDING RETURN TO: I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
City of Tigard certify that the within instrument of writing was received and
recorded in the book of records of said county.
Attn: City Manager, City Hall Richard Hobernicht, Director of
13125 SW Hall Blvd. Assessment and Taxation, Ex-Officio
Tigard, OR 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE.
This space provided for recorder's use.
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into on
the day of 2016 ("Effective Date")by and between
ORLAND LTD ("Grantor")and the City of Tigard, an Oregon municipal corporation
("Grantee").
RECITALS
A. Grantor is the record owner of the real property located in the City of Tigard,
Oregon, described as Washington County Warranty Deed numbers 9639427 and 97075273
("Grantor's Property").
B. The Parties shall execute this Agreement to provide for a temporary access
easement across Grantor's Property to allow for bicycle and pedestrian access between the
Lincoln and Oak Street rights-of-way.
C. Grantor agrees to grant and City agrees to accept the easement pursuant to the
terms of this Agreement.
AGREEMENT
NOW,THEREFORE, for and in consideration of the performance of the mutual
covenants, agreements, conditions and stipulations contained herein, it is mutually agreed
by and between the Parties as follows:
SECTION 1. DEFINITIONS
1.1 Easement Area. "Easement Area" shall be that area described and depicted
on the attached and incorporated Exhibit A.
1.2 Party or Parties. "Party"or"Parties" shall mean Grantor and Grantee,
together with their successors and permitted assigns.
SECTION 2. EASEMENT
2.1 Scope of Easement. Grantor hereby grants to Grantee an exclusive easement
over the Easement Area,which includes the right,privilege,and authority to the Grantee to
construct, build, patrol, operate,replace, and maintain thereon a temporary pedestrian and
bicycle pathway access,with all appurtenances incident thereto or necessary therewith for
the use by Grantee and the public, including such renewals,repairs,replacements, and
removals as may from time to time be required. It also includes incidental vehicle access
for authorized service vehicles for construction and maintenance. Grantor shall not be
responsible for any cost whatsoever for the construction,maintenance,or other costs.
Grantee shall construct a fence along the eastern easement line on the north parcel (TL
03300).
2.2 Termination of Easement. The easement granted herein shall terminate
automatically and without further action by the parties, except the recording of a
Termination of Easement as provided below,when any one of the following first occurs:
2.2.1 The effective date of a final development approval for development of
Grantor's Property;
2.2.2 Grantee concludes that any final development approval in the vicinity of the
easement triggers the warrants for the Lincoln Street extension;
2.2.3 Five years from the date of execution of this Agreement;provided,
however,the parties may extend this Agreement by recording an extension on such terms
and conditions as are agreed to by the parties;
2.2.4 Grantee determines that the easement no longer serves a public purpose; or
2.2.5 The Easement Area is dedicated to the public for the Lincoln Street right-
of-way.
Upon termination of the easement, Grantee will record a Termination of Easement or such
documentation as may reasonably be necessary to provide notice of termination of the
easement.
SECTION 3. LIENS. Grantee shall keep the Easement Area free from any and
all liens arising out of any work performed,materials furnished to or obligations incurred
in connection with this Agreement. If a lien is filed, Grantee shall,within thirty(30) days
after the date of the imposition of any such lien,pay the lien claim in full,unless it desires
to contest any such lien claim, in which case the Party shall,within such thirty(30)-day
period and as a condition precedent to its right to so contest,record a bond executed by a
corporation authorized to issue surety bonds in the State of Oregon to the effect that the
principal on the bond shall pay the amount of the claim and all costs and attorney fees that
are awarded against the land on account of the lien. The bond shall be in such amount as
may be required by Oregon law(see ORS 87.076(1))to release the lien from the affected
Property.
SECTION 4. INDEMNIFICATION. Within the limits of the Oregon Tort
Claims Act, Grantee hereby indemnifies and saves the other Party harmless from any and
all liability, damage,expense, causes of action, suits, claims, or judgments arising from
personal injury, death, or property damage and occurring on or from its use or public use of
the Easement Area.
SECTION 5. INSURANCE. Grantee shall maintain at all times, at its expense,
comprehensive public liability insurance and property damage liability insurance in respect
to the subject property with Two Million and No/100 Dollars($2,000,000.00)minimum
combined single limit coverage,or its equivalent. Grantor shall be an Additional insured
on the policy.
SECTION 6. MISCELLANEOUS
6.1 Severability. If any provision of this Agreement, or the application thereof to
any person or circumstances shall,to any extent,be held invalid, inoperative or
unenforceable,the remainder of this Agreement, or the application of such provision,to
any other person or circumstance shall not be affected thereby. The remainder of this
Agreement shall be given effect as if such invalid or inoperative portion had not been
included. It shall not be deemed that any such invalid provision affects the consideration
for this Agreement and each provision hereof shall be valid and enforceable to the fullest
extent permitted by law.
6.2 Oregon Law. This Agreement shall be construed in accordance with the
laws of the State of Oregon. Venue shall be in Washington County Circuit Court.
6.3 Notices. All notices, approvals, consents or requests given or made pursuant
to this Agreement shall be(a) upon receipt by personal delivery when written
acknowledgment of receipt thereof is given, (b) if given by United States mail,certified
mail,return receipt requested,with postage prepaid,two(2)days after it is deposited in the
mail, or(c) if given by a nationally recognized overnight carrier prepaid for next business
day delivery. Notices shall be addressed as follows until a new address for notices shall be
designated by notice in the manner provided in this paragraph to all other Parties:
If to Grantor: Orland LTD
4110 SE Hawthorne Blvd
#247
Portland,Or 97214
with a copy to: Nawzad Othman
1118 SW Myrtle Dr.
Portland,OR 97201
(503) 807-5931
If to Grantee: City of Tigard
Attn:Marty Wine,City Manager
City Hall
13125 SW Hall Blvd
Tigard, OR 97223
Fax: (503) 684-7297
with a copy to: Jordan Ramis PC
Two Centerpointe Drive, 6th Floor
Lake Oswego, OR 97035
Fax: (503) 598-7373
6.4 Headings. The headings herein are inserted only as a matter of convenience
and for reference and in no way define, limit or describe the scope or intent of this
document nor in any way affect the terms and provisions hereof.
6.5 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties hereto in regard to the subject matter stated herein. The Parties do not
rely upon any statement,promise or representation not herein expressed, and this
Agreement once executed and delivered shall not be modified or altered in any respect
except by a writing executed and delivered by the Parties hereto, or their successors or
assigns.
6.6 Recording. Grantor shall record the fully executed original of this
Agreement in the Deed Records of Washington County.
6.7 Legal Effect and Assignment. This Agreement will be binding upon and
inure to the benefit of the Parties hereto and their respective heirs, personal representatives,
successors, and assigns. This Easement Agreement may be enforced by an action at law or
in equity.
6.8 Legal Action/Attorney Fees. If a suit, action, or other proceeding of any
nature whatsoever(including any proceeding under the U.S. Bankruptcy Code) is instituted
in connection with any controversy arising out of this Agreement or to interpret or enforce
any rights or obligations hereunder,the prevailing party will be entitled to recover attorney,
paralegal, accountant, and other expert fees and all other fees, costs, and expenses actually
incurred and reasonably necessary in connection therewith,as determined by the court or
body at trial or on any appeal or review, in addition to all other amounts provided by law.
6.9 Nonwaiver. Any failure to enforce any provision of this Agreement will not
be deemed a waiver of the right to enforce that provision or any other provision of this
Agreement.
6.10 Modification. This Agreement may not be modified unless signed by
Grantor and Grantee and the modification is recorded.
6.11 Runs with the Land. This Easement Agreement and the rights and
obligations contained herein will be perpetual and will run with the land until such time as
the subject easement area becomes dedicated to the public for the Lincoln Street right-of
way, or is terminated or extended pursuant to Section 2.2 Termination of Easement.
6.12 Time of the Essence. Time is of the essence in performance of this
Agreement.
6.13 Representations & Authority. The individual executing this Agreement on
behalf of Grantor represents and warrants to Grantee that he/she has the full power and
authority to do so on behalf of the Grantor, who is the legal owner of Grantor's Property
and to bind said owner to the terms of this Agreement.
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[Signature and Acknowledgments Follow on Next Pagel
IN WITNESS WHEREOF, the Parties have executed this Agreement the
day and year first written above.
ORLAND LTD
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By: - / (
Name-OA 410r /meg e--/
Its: 0//9,0 ei1bk
STATE OF OREGON )
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County of ) \NG,S�;n(6-fiLfl
This instrument was acknowledged before me on May
/ 2(r , 2016 by
as of ORLAND LTD
`•" ,, OFFICIAL STAMP
BETSY GALICIA
�i�i r NOTARY PUBUC-OREGON -
COMMISSION NO. eCJli ti �Cf)��C�,
MY COMMISSION EXPIRES MARCHH 09 09,,2 2018
NOTARY P LIC FOR OREGON
My Commission Expires: 7 1 CI 1 6
GRANTEE
CITY OF TIGARD, an Oregon municipal corporation
By: Ma r--1-1.7 R L . In./61Pc..
Name:
Its: C/ MAvraO,er
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.t1/4.:,..97, CAROL A
NOTARY PUB
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„ COMMISSII;
MY COMMISSION EXPIRES
STATE OF OREGON )
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County of ,
t04s hi v1i1 n'-.
This instrument was acknowledged before me on -Thal 2 / , 2016,by
7111,r4114- I _ W i h.e as z,f 1/YZA oar►-of the City of Tigard, an Oregon
municipal corporation.
`- v/4 faNOTARY PUBLIC FOR OREGON
My Commission Expires: �.e4 Y,t4 or to a(),
Page 2—EASEMENT AGREEMENT 5001 4-36792209538 21f8G/4/28/2016
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AL STAMP
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't!RuARY 10,2018
EXHIBIT 'A'
THE WEST 60.00 FEET OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED DOCUMENT
NUMBER 97075273, TOGETHER WITH THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED
DOCUMENT NUMBER 9639427, WASHINGTON COUNTY RECORDS, LOCATED IN THE
NORTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE
WILLAMETTE MERIDIAN IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, AS SHOWN
ON THE ATTACHED EXHIBIT 'A.1.1.
PREPARED BY CESNW, INC.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
/2 4/it
OREGON /
DECEMBER 13, 2007
RYAN H. GODSEY
65604
RENEWS: 6/30/17
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EXHIBIT 'A. 1'
REGISTERED SW LOCUST STREET
PROFESSIONAL
LAND SURVEYOR
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DECEMBER 13,2007 O
RYAN H. GODSEY U
65604 z
RENEWAL DATE: 06/30/2017 J
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C r N A 13190 SW 68th Parkway,Suite 150 DATE
L J V Tigard, Oregon 97223 4/19/16
503.968.6655 www.cesnw.com