2006-087169 ~ 15170 SW Sunrise Lane Washer County,Oregon 2006.087169
'foram' 07/2113:25:03 PM
D-E Cnt=1 Stn=22 I REED
$50.00$6.00$11.00•Total•$67.00
J AFTER RECORDING, RETURN TO: 1111111111111111111111 11110 1111 1 IN
// CITY RECORDER 00985479200600871690100107
I,Richard Hobemlcht,Director of A ment and ,,,cv,6t
Taxation and Ex-Officio County Clerk for Washington
CITY OF TIGARD County,Oregon,do hereby certify that the within
13125 SW HALL BLVD Instrument of writing was received and recorded in the
book of records of said cattl SI
TIGARD, OR 97223 Richard W.Hobsmlcht,Director of Assessment and •04.,40
Taxation,Ex-Officio County Cierk
GRANT OF EASEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into the
day of cJu , 2006, by and among the CITY OF TIGARD, an Oregon municipal
corporation, ("Gr for") and Christopher J. Cach and Sheri L. Cach(collectively, "Grantee").
RECITALS
Grantor is the record of owner of that certain real property in the City of Tigard,
Washington County, State of Oregon(the "Grantor Parcel"), more fully described in Exhibit"A",
attached hereto and incorporated herein by reference; and
Grantee is the record owner of that certain real property also located in the City of Tigard,
Washington County, State of Oregon,described as 15170 SW Sunrise Lane, Parcel Reference
Number 2S105DC 00101, (the "Grantee Parcel"), more fully described in Exhibit"B"attached
hereto and incorporated herein by reference; and
Grantee is desirous of obtaining an easement from Grantor for the preservation of an existing
Y ,� underground septic system that currently exists on the Grantor Parcel and is used by the existing
residence located on the Grantee Parcel; and
Grantor is desirous of providing such an easement to Grantee;
NOW, THEREFORE, the parties hereto agree as follows:
1. Grant of Easement. Grantor conveys and grants to Grantee a non-exclusive
easement(the "Easement") for the purposes of preservation and maintenance of an underground
septic system, and for no other purposes, under and across that portion of the Grantor Parcel
described on Exhibit "C" attached hereto and incorporated herein(the "Easement Area"). This
easement shall terminate if and when the Grantee Parcel is connected to the public sewer.
2. Grantor's Right To Convey And Exceptions. Grantor warrants that Grantor has
the right to convey the Easement and quiet possession for the uses to be made of the Easement
Area by Grantee as set forth in this instrument, subject to all prior easements and encumbrances
Page 1- GRANT OF EASEMENT G:WIUN11TIGARDICACH
PROPERTYISEWEREASEMENT 2 CLEAN(071906).D0Q3/99)
of record.
3. Grantee's Access Rights. Grantee, and Grantee's agents, employees, and
independent contractors shall have the right to enter upon the Easement Area for the purposes set
forth in this Agreement.
4. Grantor's Rights of Use. Grantor shall have the right to use the Easement Area for
any and all purposes not inconsistent with the rights granted herein to Grantee.
5. Maintenance. Grantee shall maintain and care for the septic system in the
Easement Area at Grantee's sole cost and expense. Grantee shall replace or restore to their
original condition all areas of the Easement Area and the Grantor Parcel which are damaged,
disturbed or destroyed by reason of the activities of Grantee and Grantee's employees, agents,
representatives, contractors and invitees pursuant to the terms of this Agreement
6. Indemnification. Grantee agrees to indemnify,hold harmless and defend Grantor
from any loss, claim or liability to Grantor arising in any manner out of the use of the Easement
Property by Grantee, its agents, employees, independent contractors, and other such parties.
Grantee assumes all risk arising out of Grantee's use of the Easement Area and Grantor shall
have no liability to Grantee or others using the Easement Area by or through Grantee. Grantee's
duty of indemnity includes the duty to defend Grantor from such loss, claim or liability by
counsel reasonably acceptable to Grantor, at the expense of Grantee.
7. Time. TIME IS OF THE ESSENCE of this Agreement.
8. Notice. All notices to be given under this Agreement shall be in writing and shall
be effective when actually delivered. If mailed, notice shall be deemed effective 48 hours after
mailing as registered or certified mail,postage prepaid, directed to the other party at the address
set forth below or such other address as the party may indicate by written notice to the other:
GRANTOR: GRANTEE:
City of Tigard Christopher J. Cach and Sheri L. Cach
Attn: City Manager 15170 SW Sunrise Lane
13125 SW Hall Blvd Tigard, OR 97224
Tigard, OR 97223
9. Breach- Remedies -Equitable Relief. The parties acknowledge that the uses
provided by this Agreement are unique in that money damages alone for breach of this
Agreement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring
an action at law or a suit in equity to obtain relief, including specific performance, injunctive
relief and any other available equitable remedy.
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PROPERTY\SEWEREASEMENT-2 CLEAN(071906).D0(13/99)
10. Legal Effect and Assignment. This Agreement and the Easement burden and
benefit the Grantor Parcel and the Grantee Parcel,run with the land, and are binding upon and
inure to the benefit of the parties hereto, and their respective heirs, personal representatives,
successors and assigns in ownership of the Grantor Parcel and the Grantee Parcel.
11. Attorneys' Fees. In the event suit or action, including action pursuant to
bankruptcy laws, is instituted to interpret or enforce the terms of this Agreement,the prevailing
party shall be entitled to recover from the other party such sums as the court may adjudge
reasonable as attorneys' fees at trial and on appeal and review of such suit or action, in addition
to all other relief that may be available.
12. Severability. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provisions
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no legal right to contract,the latter shall prevail; but the provision of this
Easement which is affected shall be curtailed and limited only to the extent necessary to bring it
within the requirements of the law.
13. Modification or Amendments. No amendment, change or modification of this
Easement shall be valid, unless in writing and signed by all the parties hereto.
14. Waiver. Failure of either party at any time to require performance of any
provision of this Easement shall not limit the party's right to enforce the provision, nor shall any
waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a
waiver of the provision itself or any other provision.
15. Preparation of Easement. This Agreement has been prepared by Ramis, Crew,
Corrigan, LLP acting as counsel for Grantor This Agreement shall not be construed against
Grantee by reason of such preparation.
16. Excuse for Nonperformance. Either party shall be excused from performing any
obligation or undertaking provided for in this Easement in the event and/or so long as the
performance of such obligation is prevented or delayed, retarded or hindered by act of God, fire,
earthquake, flood, explosion, interruption, action of the elements, war, invasion, insurrection,
riot, mob violence, sabotage, strike, lockout, action of labor unions, or any other cause, similar to
the preceding causes, not within the reasonable control of such party.
17. Recording. The fully executed original of this Easement shall be duly recorded in
the Deed Records of Washington County, Oregon.
18, Entire Agreement. This Agreement constitutes the entire agreement between and
among the parties, integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties or their
Page 3- GRANT OF EASEMENT G:\MUNI\TIGARD\CACH
PROPERTY\SEWEREASEMENT-2 CLEAN(071906).DOQ3/99)
skive *mow
predecessors in interest with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Easement in duplicate as of the
day and year first above written.
GRANTOR: GRANTEE:
CITY OF TIGARD, an Oregon .4. r_`
municipal corporation C i stop er J. Ca'
By: Sheri L. Cach
Its:
STATE OF OREGON )
) ss
County of )
This instrument was acknowledged before me on this day of
2006,by , the of the CITY OF
TIGARD, an Oregon municipal corporation who stated that execution hereof was the authorized
act of said corporation.
NOTARY PUBLIC for Oregon
My commission expires:
STATE OF OREGON )
) ss
County of\JJ q ,,,, -r; )
This instrument was acknowledged before me on this , b+daY of (�ti
2006, by Christopher J. Cach and/Sheri L. Cach.6,3 a l y 2 )3r,
• �- -�-. NOTARY PU$�IC for Oregon
:"!- OFFICIAL SEAL My commission expires: c)(-2_7 2_po1) % ROGER F ANDERSON1
(CO
® NOTARY PUBLIC-OREGON !)
(( w COMMISSION NO.397057
1 MY COMMISSION FOCPIRES SEPT.27,2009
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PROPERTY\SEWEREASEMENT-2 CLEAN(071906).DOQ3/99)
Aim?'
predecessors in interest with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF,the parties have executed this Easement in duplicate as of the
day and year first above written.
GRANTOR: GRANTEE:
CITY OF TIGARD, an Oregon
municipal corporation Christopher J. Cach
I
By: WO 6"). / Sheri L. Cach
Its: / _ TV % 0,4
STATE OF OREGON )
) ss
County of 14./0 sii.95-kun )
This instrument was acknowledged before me on this ,.O�day of i
12006 by E1. 4111 A /7 A n/e L n the�� - � -�: G'� l�`lltr"ld?ethe tITY OF
TIGARD, an Oregon municipal corporation who stated that execution hereof was the authorized
act o s• ,.orpor,.OOM
IAL SEAL
CATHERINE D WHEATLEY /
s. }^". NOTARY PUBLIC-OREGON G u IQ L). (,01)f,)C :4 .`
COMMISSION NO.371142
MY COMMISSION EXPIRES AUG.04,2007 NOTARY PUBLIC for Oregon V
My commission expires: k/<.& l'7
STATE OF OREGON )
) ss
County of )
This instrument was acknowledged before me on this day of ,
2006, by Christopher J. Cach and Sheri L. Cach.
NOTARY PUBLIC for Oregon
My commission expires:
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PROPERTY\SEWEREASEMENT 2 CLEAN(071906).DOQ3/99)
EXHIBIT "A"
Grantor Parcel
9755 SW Barnes Road, Suite 300
IPortland, Oregon 97225
PACIFIC 503.626.4455
Fax 503.526.0715
AN ASCE.COMPANY
Legal Description of Tax Lots 100,300,and a portion of 200,Assessors Map 2S 1 15DC
A parcel of land being that tract of land conveyed to Gerald C. Cach and Joan L. Cach by
statutory special warranty deed recorded April 16, 1996 in Document No. 96-33076, Washington
County Book of Records, a portion of that tract of land conveyed to Gerald C. Cach and Joan L.
Cach by statutory bargain and sale deed recorded February 24, 1993 in Document No. 93-14209,
said book of records, and a portion of that tract of land conveyed to Lisa A. Cach and Joan L.
Cach as co-trustees of the Gerald C. Cach Credit Shelter Trust by warranty deed recorded January
26, 2004 in Document No. 2004-007108, said book of records, and referred to therein as Parcel I
of Property No. 8, located in the southeast one-quarter of Section 5,Township 2 South,Range 1
West of the Willamette Meridian in Washington County, Oregon, said tract described specifically
as follows:
Commencing at the southwest corner of the southeast one-quarter of said Section 5;
Thence, North 00°47'29" East, along the west line of said southeast one-quarter, a distance of
155.00 feet;
Thence, South 89°49'00" East, parallel with the south line of said Section 5, a distance of
1029.75 feet to the west right-of-way line of S.W. Sunrise Lane as dedicated to the public by
dedication deed recorded May 14, 1931 in Book 147,Page 81, said book of records,said right-of-
way line being 20.00 feet from the centerline thereof,measured perpendicular thereto;
Thence,North 00*33'14"East, along said west right-of-way line, a distance of 260.00 feet to the
of the north line of that tract of land conveyed to Joan L. Cach by quitclaim deed recorded
January 21, 1977 in Book 1139, Page 919, said book of records, said point being the Point of
Beginning.
Thence, from said Point of Beginning, North 89'48'00" West, along said north line, a distance
of 310.00 feet to the northwest corner thereof,which is also an angle point in the east line of that
tract of land conveyed to the City of Tigard, Oregon by statutory warranty deed recorded July 29,
1998 in Document no. 98-82815,said book of records;
Thence, along the east lines of said City of Tigard tract the following four courses, North
00°36'15"East,a distance of 58.33 feet;
Thence, South 88°38'40"West,a distance of 12.63 feet;
Thence,North 26'53'45"West, a distance of 298.08 feet;
Thence,North 18'57'50"East,a distance of 182.02 feet to an angle point in the north line of that
tract of land conveyed to Gerald C. Cach and Joan L.Cach by warranty deed recorded October 1,
1962 in Book 472,Page 545, said book of records;
Page 1 of 2
whpacific.com planners surveyors engineers landscape architects
q4Nipri' '.44.0
Thence, North 88°40'34" East, along said north line, a distance of 217.47 feet to the northwest
corner of that tract of land conveyed to Christopher J. Cach and Sheri L. Cach by special
warranty deed recorded April 15, 1996 in Document No. 96-33077, said book of records;
Thence, South 04°49'18" East, along the west line of said tract, a distance of 227.45 feet to the
southwest corner thereof;
Thence South 05°03'46" West, a distance of 115.66 feet to the northwest corner of that tract of
land conveyed to Elton C. Phillips and Sabina Jeanne Phillips by warranty deed recorded
November 12, 1968 in Book 723,Page 730, said deed records;
Thence, South 89°49'00"East, along the north line of said tract, a distance of 182.00 feet to the
northeast corner thereof on said west right-of-way line of S.W. Sunrise Lane;
Thence, South 04'13'22"West, along said west right-of-way line, a distance of 141.83 feet to an
angle point therein;
Thence, South 00°33'14" West, along said west right-of-way line, a distance of 18.24 feet to the
point of beginning.
The above described parcel contains 139,534 square feet more or less, which is 3.203 acres more
or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
/ OREGON
JANUARY 20. 1989
GARY P. CHRISTERSON
2377
RENEWAL; DECEMBER 31, 2007
P:\City or Tigard\034067\Survey\Documents\Legal Descriptions\Cach-legal-TLsI00-300-portion200.doc
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whpacific.com planners surveyors engineers landscape architects
EXHIBIT "B"
Grantee Parcel
PARCEL IV:
Commencing at an iron pipe at the quarter section corner between Section 5 and 8,Township 2 South,
Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon;thence
North 0°48'East 465 feet to an iron pipe and the beginning point of the tract hereby described;thence
North 0°48'East 466.4 feet to an iron pipe;thence South 89°12'East 624.8 feet to apoint which point is
20 feet West from an iron spring leaf;thence South 10 feet to a point;thence North 88°44'East 400.3
feet to a point in the center of a 40 foot dedicated road,dedicated to the public by A.S.Pattullo and wife
by Deed recorded on page 81 of Book 147 of the Records of Deeds of Washington County;thence
tracing the center of said dedicated road South 14°18'East 168 feet;thence South 4°12'West 293.9 feet
to a point in the center of said 40 foot dedicated road;thence leaving said road(and passing a distance of
20 feet,an iron pipe on the Westerly side of said road)and running North 89°49'West 1057.72 feet to
the place of beginning.
EXCEPTING THEREFROM a tract of land in the Southeast quarter of Section 5,Township 2 South,
Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon,more
particularly described as follows:
Beginning at a point in the center of a 40-foot dedicated road at the Southeast corner of that tract
described in Deed to Gerald C.Cach,et ux,in Deed Book 472,page 544,Washington County Deed
Records,said point being North 0°48'East 465 feet and South 89°49'East 1057.72 feet from the quarter
section corner on the South line of said Section 5;thence North 89°49'West 20 feet to a point on the
Westerly line of said dedicated road,said point being the true point of beginning;thence North 4°12'
East along the Westerly line of said road 224.2 feet to a point;thence North 89°49'West 180.3 feet to a
point;thence North 4°50'West 227.8 feet to a point on the North line of said Cach Tract;thence South
88°44'West along the North line of said Cach Tract 217.0 feet to a point;thence North 10 feet to a
point;thence North 89°12'West along the North line of said Cach Tract 624.8 feet to the Northwest
corner thereof;thence South 0°48'West along the West line of said Cach Tract 466.4 feet to the
Southwest corner thereof;thence South 89°49'along the South line of said each Tract 1037.72 feet to
the true point of beginning.
Exhibit C
Septic System Easement
A portion of that tract of land conveyed to Gerald C. Cach and Joan L. Cach by
warranty deed recorded October 1, 1962 in Book 472, Page 545, Washington County
Book of Records, located in the southeast one-quarter of Section 5, Township 2
South, Range 1 West of the Willamette Meridian in Washington County, Oregon, said
portion described specifically as follows:
Beginning at the northeast corner of the above-described tract of land, said point
being the Point of Beginning;
Thence South 88°40'34" West, along the north line of the above-described tract of
land, a distance of 100.0 feet;
Thence South 04°49'18" East, a distance of 100.0 feet;
Thence North 88°40'34" East, a distance of 100.0 feet, to the west line of that tract
of land conveyed to Christopher J. Cach and Sheri L. Cach by special warranty deed
recorded April 15, 1996 in Document No. 96-33077, said book of records;
Thence North 04°49'18" West along the west line of said tract, a distance of 100.0
feet to the Point of Beginning.
• . ' From. 639 4097 Page: 4/4 Date:7/19/2006 1: )PM
FROM :ANDERSON & DITTMAN LLP ‘16T FAX NO. :503 639 4097 '44ul. 19 .2006 01:53PM P4
EXHIBIT"C" ....
Easement Area..
•
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