2008-083165 ~ Milton Court Was.,,,.,gin County,Oregon 2008-083165
10!03!2008 09:47:33 AM
D-E Cnt=1 Stn=22 I REED
Gl $55.00$5.00$11.00-Total=$71.00
1111111111 1111E11 II 1111101295557200800831650110112
I,Richard Hobemicht,Director of A merit and
Taxation and Ex-Officio County Clerk for Washington
After recording return to: County,Oregon,do hereby certify that the within
Instrument of writing was received and recorded in the +
City Recorder book of records of said cou� 1 " . N
City of Tigard Richard Hobemicht,Director of Assessment and ''-4 .4.
Taxation,Ex-Officio County Clerk
13125 SW Hall Boulevard
Tigard, Oregon 97223
Tax Statements:
No change requested
PERMANENT SANITARY SEWER EASEMENT
AND TEMPORARY CONSTRUCTION AND STAGING AREA EASEMENT
METRO, a municipal corporation and political subdivision of the State of Oregon("Metro"),
hereby grants to the City of Tigard, a municipal corporation of the State of Oregon("Tigard"), its
successors and assigns, a PERMANENT SEWER EASEMENT AND TEMPORARY
CONSTRUCTION AND STAGING AREA EASEMENT (collectively,the "Easement")
depicted in Exhibit A attached hereto, over and through Metro real property legally described in
Exhibit B attached hereto (the "Property")
1. PERMANENT SEWER EASEMENT
1.1 Description. The Permanent Sewer Easement shall be located as legally
described in Exhibit C and depicted in Exhibit A attached hereto (the "Sewer
Easement").
1.2 Sewer Easement Rights. Tigard shall have the right to enter upon those lands
described in Exhibit B, in such a manner and at such times from this date as
may be reasonably necessary for the purpose of constructing, operating,
maintain, repairing, removing or replacing a subsurface Sewer Pipeline in
whole or in part within the Sewer Easement. In exercising its rights
hereunder, Tigard may temporarily enter on to, use, occupy and disturb the
surface of the Sewer Easement from time to time as required. However,
Tigard shall promptly repair and/or replace any and all native vegetation
disturbed in accord with Section 4, below.
2. TEMPORARY CONSTRUCTION AND STAGING AREA EASEMENT
2.1 Description. The Temporary Construction and Staging Area Easement shall
be located as legally described in Exhibit D and depicted in Exhibit A
attached hereto (the "Temporary Easement").
2.2 Temporary Easement Rights. Tigard shall have the right to enter upon those
lands described in Exhibit D, in such a manner as may be reasonably
Page 1 of 11 Sewer Easement—City of Tigard
necessary for the purpose of constructing a subsurface Sewer Pipeline in
whole or in part within the Sewer Easement. However, upon completion of
construction, Tigard shall promptly repair and/or replace any and all
vegetation disturbed in accord with Section 4, below. This Temporary
Easement shall automatically terminate upon completion of construction and
restoration of the native vegetation as set forth herein. If Metro, in its sole
discretion, determines it to be necessary, Tigard shall record a quitclaim deed
to Metro to extinguish this Temporary Easement.
3. CONDITIONS AND LIMITATIONS. Tigard shall pay all costs for the installation
and maintenance of the Sewer Pipeline and shall maintain the Easement free of any
and all liens and encumbrances arising out of work performed by or at the request of
Tigard on the Easement. Except for fuel and lubricants stored within equipment
necessary and incidental to the authorized use of the Easement,no Hazardous
Substances may be used,handled, stored on, or transported to or from the Easement.
Under no circumstances shall any use be made of, or conduct occur on,the Easement,
which would cause the Easement, or any part thereof,to be deemed a hazardous waste
treatment, storage, or disposal facility requiring a permit, interim status, or any other
special authorization under any Environmental Law.
4. SURFACE DAMAGES. In exercising its rights hereunder, Tigard shall repair any
damage or disturbance to Metro's Property on or adjacent to the Easement that may be
caused by the exercise of Tigard's rights, and shall restore the surface of the Property to
its condition immediately prior to such damage or disturbance, including restoring or
repairing any landscaping or vegetation damaged or disturbed by Tigard's activities on
the Property, to Metro's reasonable satisfaction. If such restoration is impracticable,
Tigard shall then pay Metro the fair market value of all damages.
5. METRO'S RESERVATION OF RIGHTS. Metro reserves the right to use the
surface and subsurface of the Property subject to the Easement for any purpose,to the
extent Metro's use does not disturb or unreasonably interfere with Tigard's rights
granted hereunder.
6. OWNERSHIP. Metro represents and warrants that it holds fee simple title to the
Property. However, this grant of Easement is expressly subject to liens and
encumbrances of record as of the date of execution set forth below. Metro expressly
disclaims any representation and warranty as to encumbrances and/or vested rights of
third parties affecting the Property that may conflict or interfere with the rights
granted herein, or that it holds all rights necessary or incident to Tigard's use of and
operation in the Easement.
7. COVENANTS. The rights granted herein shall be covenants running with the land and be
binding upon Metro, Tigard and their successors and assigns in perpetuity,except as
otherwise set forth herein. Tigard covenants and agrees that, in the conduct of any and all
of its activities and operations hereunder, it will comply strictly with all present and
future laws, rules and regulations of all federal, state, and local government bodies having
jurisdiction over Tigard's activities occurring within the Easement. Metro covenants and
Page 2 of 11 Sewer Easement—City of Tigard
warrants that it is the owner of record of the Property described in Exhibit B,that it is
authorized to grant this Easement.
8. INDEMNITY. To the maximum extent permitted by law and subject to the Oregon Tort
Claims Act, ORS Chapter 30, Tigard shall defend, indemnify, and save harmless Metro,
its officers, employees, and agents from and against any and all actual or alleged claims,
demands,judgments, losses, damages, expenses, costs, expenses, fees (including,but not
limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or
penalties, which may be imposed upon or claimed against Metro and which, in whole or
in part, directly or indirectly, arise from or are in any way connected with: (i)the act,
omission or negligence of Tigard, its officers, directors, agents, employees, invitees,
contractors or subcontractors; (ii)the construction, maintenance or operation within the
Easement set forth herein, whether or not due to Tigard's own act or omission and
whether or not occurring on this Easement; and(iii) any breach,violation or failure to
perform any of Tigard's obligations under this Easement.
9. ENVIRONMENTAL INDEMNITY. This Environmental Indemnity is in addition to,
and not in lieu of,the general indemnity provision set forth above. Tigard shall be
solely responsible for and agrees to defend (using legal counsel reasonably acceptable
to Metro), indemnify and hold harmless Metro from and against all Environmental
Costs claimed against or assessed against Metro arising, in whole or in part, directly
or indirectly, from acts or omissions of Tigard, its employees, agents and contractors
at, on or about the Easement during the term hereof, including the discovery of pre-
existing latent Hazardous Substance contamination as a result of Tigard's excavation.
Environmental Costs shall be interpreted in the broadest sense to include, but not
necessarily be limited to: (i) damages, fines, costs or expenses relating to any actual
or claimed violation of or noncompliance with any Environmental Law; (ii) all claims
of third parties, including governmental agencies, for damages, response costs or
other relief related to Hazardous Substances, as defined below; (iii) all reasonable
expenses of evaluation,testing, analysis, cleanup, remediation,removal and disposal
relating to Hazardous Substances, including reasonable fees of attorneys, engineers,
consultants, paralegals and experts; (iv) all expenses of reporting the existence of
Hazardous Substances or the violation of Environmental Laws to any agency of the
State of Oregon or the United States as required by applicable Environmental Laws;
(v) any and all expenses or obligations, incurred at, before and after any trial or
appeal, or any administrative proceeding or appeal. For purposes of this
Environmental Indemnity,the term"Hazardous Substance" shall include any and all
substances, pollutants or contaminants defined or designated as hazardous, toxic,
radioactive, dangerous or regulated wastes or materials or any other similar term in or
under ORS 465, ORS 466 and any other applicable Environmental Law. The term
"Environmental Law" shall include ORS 465 and 466,as amended,the Resource
Conservation and Recovery Act("RCRA"),the Toxic Substances Control Act
("TSCA"),the Comprehensive Environmental Response, Compensation and Liability
Act("CERCLA"), as amended 42 USC § 960 et seq., and any and all other applicable
federal, State of Oregon, regional and local laws, regulations, rules, permit terms,
codes, or ordinances now or hereafter in effect, as the same may be amended from
time to time, which govern the protection of the environment.
Page 3 of 11 Sewer Easement—City of Tigard
10. RELEASE. Metro shall have no liability or responsibility for the costs of any
installation made by Tigard in the Easement, and is hereby released from all liability for
damages caused by third parties, including members of the public, entering on the
Easement,to any improvements,utilities,or systems installed in the Easement.
11. RIGHT OF RE-ENTRY. The Sewer Easement is granted on the express condition that
Tigard uses the Sewer Easement solely for the purposes of locating and operating a
sanitary Sewer Pipeline in the locations designated herein. If the Sewer Easement is ever
used for another purpose by Tigard without the express written permission of Metro, or if
the Sewer Easement ever ceases to be used for said purposes, for a period of one (1)year,
at any time after the installation of the Sewer Pipeline, Metro may re-enter and terminate
the Sewer Easement hereby granted.
12. HEIRS, SUCCESSORS AND ASSIGNS. The rights and duties set forth in this
Easement shall inure to the benefit and burden of the heirs, successors and assigns of
each party. In the event that this Sewer Easement, or any part thereof, is assigned to a
third party, Tigard agrees to guarantee the fulfillment of all obligations hereunder.
13. NOTICES. Metro agrees to provide written notice of the existence of the Easement
to any tenant, lessee, or assignee of Metro who occupies the Property or acquires any
interest in the Property from Metro. All requests, elections, notices and other
communications to be given hereunder by either party to the other shall be in writing
and sent by mail,postage prepaid, addressed as follows:
As to Tigard: City Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
As to Metro: Metro Parks and Greenspaces
Attn: Jim Desmond, Director
600 NE Grand Avenue
Portland, Oregon 97232-2736
Changes of address may be accomplished for purposes of this section by giving the
other party written notice of new address in the manner set forth above. Notices,
elections and other communications shall be deemed effective upon receipt.
14. CONSIDERATION. The true and actual consideration for this grant includes the mutual
covenants and agreements set forth herein, Tigard's execution and recording of a Quitclaim Deed
extinguishing a nearby related Sewer Easement and other consideration hereby acknowledged,
which is the whole of the consideration.
Page 4 of 11 Sewer Easement—City of Tigard
•
IN WITNESS WHEREOF,the undersigned has executed this Grant of Permanent Sewer
Easement and Temporary Construction and Staging Area Easement, this 2'`' day of
cy-k-wi bs{ 2008.
METRO: CITY OF TIGARD:
By: _ L1L
_/ By: t, /i i� /
iL., �.�
Mich.-1 J. Jorda Name: g �I/�yE.
Chief Operatint •fficer Its: v
{t,
Accepted on behalf of the City of Tigard this .Z✓ day of S.e,p-1-obi.b.e'/' 2008.
By: Q P. ,Q,`' n.,
City) ineer
Exhibits:
A- Easement Depiction Map
B - Legal Description of Metro Property
C - Legal Description of Permanent Easement
D - Legal Description of Temporary Easement
Page 5 of 11 Sewer Easement—City of Tigard
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X Revisions and Addendums CAPITAL CONSTRUCTION AND MILTON COURT •SHEET
3 Description Date No. By TRANSPORTATION DIVISION EC/
4 ;: wOREGONW 3 SANITARY SEWER REPAIR of
11
FAX
503-624-0752p417? 6
C� WWW.7MARa-011.00V FILE NO
DESIGN:RK 1DRAWN:BMC I CHECK: VA/ PROD.NO:SS07-18 I BID ON: Erosion Control Plan I 0638
Exhibit B
Metro Property Legal Description
Government Lots No. 5 and No. 6 in Section 1, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon.
EXCEPTING THEREFROM that portion lying within the boundaries of the Oregon Electric
Railroad right of way and the Southern Pacific Railroad right of way;
ALSO EXCEPTING THEREFROM that portion of Government Lot No. 5 lying East of the
Southern Pacific Railroad right of way;
AND FURTHER EXCEPTING THEREFROM that portion of Government Lot No. 5 lying within
the boundaries of the Bonita Industrial Park.
**********
Page 7 of 11 Sewer Easement—City of Tigard
Exhibit C
Legal Description of 15.00 Foot Wide Sanitary Permanent Sewer Easement
A tract of land situated in the Southwest one-quarter of Section 1 Township 2 South,Range 1
West,Willamette Meridian, City of Tigard,Washington County, Oregon, being described as
follows:
Commencing at the Northwest Corner of Tract "B"Bonita Industrial Park as recorded in
Book 85 Page 10 of the Washington County, Subdivision records; Thence N 00° 34' 04"W a
distance of 147.90 feet to the True Point of Beginning; Thence N 26° 30' 32"E a distance of
95.32 feet; Thence N 42° 24' 57"W a distance of 90.67 feet; Thence N 77° 27' 07"W a
distance of 19.57 feet; Thence S 52° 29' 46"W a distance of 3.78 feet; Thence S 42° 24' 57"E
a distance of 96.72; Thence S 26° 30' 32"W a distance of 89.72 feet; Thence S 80° 50'46"E a
distance of 1572 feet.
Containing 2822 square feet
Page 8 of 11 Sewer Easement—City of Tigard
Exhibit D-1 of 2
Legal Description of Temporary Construction Easement
A tract of land situated in the Southwest one-quarter of Section 1 Township 2 South,Range 1 West,
Willamette Meridian,City of Tigard,Washington County,Oregon,being described as follows:
Commencing at the Northwest Corner of Tract"B"Bonita Industrial Park as recorded in Book 85
Page 10 of the Washington County,Subdivision records; Thence N 00°34'04"W a distance of
147.90 feet; Thence N 80°50'46"W a distance of 15.72 feet to the True Point of Beginning;
Thence N 66°28'22"W a distance of 6.01 feet; Thence N 26°30'33"E a distance of 33.72 feet;
Thence N 32°54'50"W a distance of 15.76 feet; Thence N 08°12'05"W a distance of 51.17 feet;
Thence N 81°47'55"E a distance of 14.90 feet; Thence S 78°21'29"E a distance of 18.76 feet;
Thence S 42°24'57"E a distance of 19.65 feet; Thence S 26°30'32"W a distance of 89.72 feet to
the true point of beginning.
Containing 2169 square feet.
Also Including:
Commencing at the Northeast corner of Lot 8 Bonita Industrial Park as Recorded in Book 85 Page
10 of the Washington County Subdivision Records; Thence S 47°08'07"W,along the northerly
line of said lot 8,a distance of 11.74 to the True Point of Beginning; Thence S 47°08'07"W,
. along said northerly line,a distance of 19.31 feet;'Thence N 02°46'03"W,leaving said northerly
-line,a distance of 7.60 feet to a point of curve of a curve,to the left; Thence along said curve to the
left with a radius of 36.00 feet,a central angle of 46°47'56"(a chord which beats N 26°10'04"W,
28.59)and a length of 29.40 feet to a point of reversing curve to the right; Thence along said curve
to the right with a radius of 65.00 feet,a central angle of 8°04'09"(a chord which bears N 45°31'
57"W,9.15)and a length of 9.15 feet to a point of tangency; Thence N 41°29'52"W a distance of
• 2.95 feet to a point of curve of a curve to the right; Thence along said curve to the right with a
radius of 515.00 feet,a central angle of 5°50'44"(a chord which bears N 38°34'30"W,52.52)
and a length of 52.54 feet to a point of tangency; Thence N 35°39'08"W a distance of 14.60 feet
to a point of curve of a curve to the left; Thence along said curve to the left with a radius of 85.00
feet,a central angle of 7°56'21"(a chord which bears N 39°37'18"W,11.77)and a length of •
11.78 feet to a point of tangency; Thence N 43°35'29"W a distance of 8.23 feet; Thence N 26°
30'32"E a distance of 15.95 feet; Thence S 43°35'29"E a distance of 13.66 feet to a point of
curve of a curve to the right; Thence along said curve to the right with a radius of 100.00 feet,a
central angle of 7°56'21"(a chord which bears S 39°37'18"E,13.85)and a length of 13.86 feet to
a point of tangency; Thence S 35°39'08"E a distance of 14.60 feet to a point of curve of a curve
to the left; Thence along said curve to the left with a radius of 500.00 feet,a central angle of 5°50'
44"(a chord which bears S 38°34'30"E,50.99)and a length of 51.01 feet to a point of tangency;
Thence S 41°29'52"E a distance of 2.95 feet to a point of curve of a curve to the left; Thence
along said curve to the left with a radius of 50.00 feet,a central angle of 8°04'09"(a chord which
bears S 45°31'57"E,7.04)and a length of 7.04 feet to a point of reversing curve to the right;
Thence along said curve to the right with a radius of 51.00 feet,a central angle of 41°21'10"(a
chord which bears S 28°53'27" E,36.02)and a length of 36.81 feet to the true point of beginning.
Containing 2071 square feet
Page 9 of 11 Sewer Easement-City of Tigard
Exhibit D-2 of 2
Map Depiction of Temporary Construction Easement
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Page 10 of 11 Sewer Easement—City of Tigard
State of OREGON
County of MULTNOMAH
This instrument was acknowledged before me on c i-, Z 3 , 2008 by
Michael J. Jordan as Chief Operating Officer of Metro.
r..
I �''+'� OFFICIAL SEAL
��/aria _ = KARENA STARIN
otary Public - tate of Oregon k. NOTARY PUBLIC-OREGON
2
MY COMMISSION BORES SEPT.29,COMMISSION NO. 2010
State of OREGON
County of WASHINGTON
This instrument was acknowledged be ore m��e+ on a g-,/ , 2008 by
A9ks�n P DIcenas as et, LAO Pat of the City of Tigard.
Notary Public - ' . e of Oregon ,-`--r-`.- .�-`- ��.`l`�---, ,�
? s'""�. OFFICIAL.MEAL.
= DIANE M JELDERKS
1 1 ` NOTARY PUBLIC-OREGON
1 �' ® COMMISSION NO.423523
MY COMMISSION EXPIRES NOV..18,2011
Page 11 of 11 Sewer Easement—City of Tigard