94-109528 ~ AFTER RECORDING, RETURN TO:
Jeffrey H. Keeney, Esq.
TONKON, TORP, GALEN,
MARMADUKE & BOOTH
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, Oregon 97204-2099
EASEMENT AND ACCESS AGREEMENT
THIS EASEMENT AND ACCESS AGREEMENT, dated for reference
purposes only this 2As+ day of October, 1994, is granted by COSTCO
WHOLESALE CORPORATION, a Washington corporation (Costco) , to JOHN
D. ALEXANDER (Alexander) .
RECITALS
A. Costco is the owner of certain real property located
in Washington County, Oregon and more particularly described on
Exhibit A attached hereto (the Costco Parcel ) . Costco intends to
construct a Costco cash and carry membership facility on the Costco
Parcel, together with parking areas and other amenities.
B. Alexander is the owner of certain adjacent real
property located in Washington County, Oregon and more particularly
described on Exhibit B attached hereto (the Alexander Parcel) . The
Costco Parcel and the Alexander Parcel are depicted on the site
plan attached as Exhibit C hereto (the Site Plan) .
C. Pursuant to the terms of the land-use approvals
granted to Costco by the City of Tigard in SDR 93-0018 and PDR 93-
0010, Costco is required to grant Alexander an access easement over
a portion of the Costco Parcel upon the terms and conditions set
forth below.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the parties
agree as follows:
1. Access Easement. Subject to each and every term of
this Agreement, Costco hereby grants and conveys to Alexander a
permanent, nonexclusive easement in, to and over that portion of
the Costco Parcel cross-hatched in red on the Site Plan (the
Easement Area) , for vehicular and pedestrian ingress and egress
from the Alexander Parcel to and from SW Dartmouth Street (the
Access Easement) . By Alexander' s entry upon and use of the Access
Easement, Alexander shall have agreed to use the Access Easement
subject to, and agrees to be bound by, all the terms of this
Agreement.
1 . 1 Use by Permittees. Use of the Access Easement
shall be nonexclusive, and shall be for the use of Alexander and
his respective employees, agents, contractors, customers, visitors,
invitees, licensees and concessionaires.
1.2 Unimpeded Access, Relocation. Costco covenants
that at all times free access between the Costco Parcel and the
Alexander Parcel shall be permitted at the proposed 30-foot curb
cut depicted on the Site Plan, provided, however, that Costco or
any subsequent owner of the Costco Parcel shall have the right, in
its sole discretion, to relocate the Access Easement and to locate
and relocate the buildings and other improvements, walkways,
driveways, parking areas, and open spaces anywhere on the Costco
Parcel so long as no building or other structure or barrier shall
be located on the Costco Parcel which would bar the reasonable and
convenient passage of pedestrian and vehicular traffic across the
Costco Parcel from the Alexander Parcel to SW Dartmouth Street, as
such may hereafter be modified. Furthermore, subject to applicable
zoning codes and regulations, Costco may, at any other location
other than the above-referenced curb cut, construct curbs, barriers,
fences or landscape barriers between the Costco Parcel and the
Alexander Parcel.
1 .3 Restrictions on Use. Use of the Access Ease-
ment shall be limited to the ingress and egress purposes described
above and for no other use. Alexander' s use of the Access Easement
shall (i) be subject to Costco' s co-extensive right to use the
Costco Parcel, ( ii ) not unreasonably interfere with Costco' s use of
the Costco Parcel, and ( iii) be exercised so as not to obstruct or
endanger Costco' s operations or facilities. Without limiting the
foregoing, Alexander shall not be entitled to park or allow any
vehicles to park on the Costco Parcel.
2. Project Development Restrictions. Alexander shall
not develop the Alexander Parcel to a density greater than that
permitted by the Tigard Zoning Code and the parking requirements
set forth therein. Alexander shall maintain at all times on the
Alexander Parcel a number of spaces at least equal to the number of
spaces legally required for the improvements thereon and shall not
seek any variances or exemptions from such legal requirements.
3. Maintenance and Repair. The cost of periodic main-
tenance and necessary repairs to the Access Easement shall be borne
exclusively by Costco, provided, however, that Alexander shall
reimburse Costco for any damage to the Easement Area caused or
permitted by Alexander.
4. Indemnification, Liability Insurance. Alexander
hereby agrees to indemnify and hold Costco harmless from any and
all liability, damage, expense, causes of action, suits, claims or
judgments arising from injury to persons or property and occurring
as a result of its use of the Access Easement. Alexander shall at
all times during the term of this Agreement, maintain in full force
and effect comprehensive public liability insurance covering his
2
use of the Access Easement with a financially responsible insurance
company or companies, including coverage for any accident resulting
in bodily injury to or death of any person and consequential
damages arising therefrom, and comprehensive property damage
insurance, each in an amount not less than $2,000,000 combined
single limit coverage. Alexander' s liability insurance policy with
respect to the Easement Area shall name Costco as an additional
named insured and shall contain a provision that the policy may not
be cancelled without 30 days' prior written notice given to Costco.
Prior to commencing use of the Access Easement, Alexander shall
deliver to Costco a certificate evidencing such coverage.
5. Condemnation. In the event that the Access Easement
or any part thereof is taken by power of eminent domain, or is
conveyed under threat of condemnation and such taking will render
the Access Easement unusable for the purposes described in this
Agreement, this Agreement shall terminate. If such taking does not
render the Access Easement unusable, Costco shall, to the extent of
condemnation proceeds received, promptly repair and restore the
remaining portion of the Access Easement as nearly as practicable
to the condition existing just prior to such condemnation without
contribution from Alexander. Proceeds from any such condemnation
shall belong exclusively to Costco.
6. Attorney Fees. In the event of any litigation
arising under or in connection with this Agreement, the prevailing
party shall recover from the losing party the prevailing party' s
reasonable attorney fees at trial and on appeal as adjudged by the
trial and appellate court.
7. Breach of Obligations. In the event either party
fails to perform its obligations under this Agreement, the other
party shall, in addition to any other remedies afforded under
Oregon law, be entitled to require such performance by suit for
specific performance or, where appropriate, through injunctive
relief.
8. Notices. Whenever any notice is required or sent
under this Agreement, it shall be made in writing and served either
personally or sent by U.S. first class certified mail, postage
prepaid, return receipt requested and addressed to the parties as
follows:
If to Costco: Costco Wholesale Corporation
10809 120th Avenue, N.E.
Kirkland, Washington 98033
Attention: Richard J. Olin
If to Alexander: John D. Alexander
11700 SW Pacific Highway
Tigard, Oregon 97223
Either party may designate a different address for purposes of any
subsequent notice by written notice to the other party.
3
9. Effect of Agreement. The Access Easement granted
hereunder is not personal but shall run with the land as to all
property burdened and benefited by such easement. The rights,
covenants and obligations contained in this Agreement shall bind,
burden and benefit each party' s successors and assigns.
10. Third Party Rights. Except as provided for herein,
Costco hereby reserves all rights with respect to the Costco
Parcel, including, but not limited to, the right to grant
easements, licenses and permits to others.
11. Not a Public Dedication. Nothing herein contained
shall be deemed to be a gift or dedication of any portion of the
Access Easement to the general public or for any public purposes
whatsoever, it being the intention of the parties that this Agree-
ment shall be strictly limited to and for the purposes expressed
herein.
12. Governing Law. This Agreement shall be construed
and enforced in accordance with the laws of the state of Oregon.
COSTCO: COSTCO WHOLESALE CORPORATION,
a Washington corporation
By / dr
Its aaAt- Law •
STATE OF WASHINGTON )
ss.
County of King )/
On this c2/ day of October, 1994, before me personally
appeared ��LG, e /, tii , to me known to be the
)Q&t fAL/. of the corporation that executed the within
and foregoiC,g instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed is
the corporate seal of said corporation.
In witness whereof, I have hereunto set my hand and
affixed my official seal the day and year first above written.
Notary Public in and for the
state of Washington, residing at
My commission expires ,i?7
47993 \ 2641-28
4
EXHIBIT A
LEGAL DESCRIPTION
PARCEL I:
Lots 1 through 8, inclusive, PALMER ACRES, Washington County, Oregon.
EXCEPTING THEREFROM that portion of Lot 8 conveyed to the State of Oregon by and through
its State Highway Commission by deed recorded in Book 588, Page 567, Washington County,
Oregon.
PARCEL II:
Lot 1, TWIN OAKS LANE, Washington County, Oregon.
PARCEL III:
Lot 2, TWIN OAKS LANE, Washington County, Oregon.
PARCEL IV:
Lots 3 and 10, TWIN OAKS LANE, Washington County, Oregon
PARCEL V:
Lot 4, TWIN OAKS LANE, Washington County, Oregon.
PARCEL VI:
Lot 5, TWIN OAKS LANE, Washington County, Oregon.
PARCEL VII:
Lot 6, TWIN OAKS LANE, Washington County, Oregon.
PARCEL VIII:
Lot 7, TWIN OAKS LANE, Washington County, Oregon.
PARCEL IX:
Lot 8, TWIN OAKS LANE, Washington County, Oregon.
PARCEL X:
Lot 9, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XI :
Lot 11, TWIN OAKS LANE, Washington County, Oregon.
(Continued)
LEGAL DESCRIPTION
PARCEL XII:
Lot 12, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XIII:
Lot 13, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XIV:
Lot 14, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XV:
Lot 15, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XVI:
Lot 16, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XVII:
Lot 17, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XVIII:
Lot 18, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XIX:
Lot 19, TWIN OAKS LANE, Washington County, Oregon.
PARCEL XX:
A portion of that certain tract in the Southwest quarter of Section 36, Township 1 South,
Range 1 West, Willamette Meridian, described as Parcel II, in that certain deed of trust to
New West Federal Savings and Loan Association recorded as Document No. 89028994, Deed
Records of Washington County, Oregon, said portion being more particularly described as
follows:
$eginning at a point on the North line of said Parcel II, which point bears South 83°36'41"
East 22 .60 feet from the Northwest corner thereof; and running thence 381.33 feet along a
nontangent 465 .00 foot radius curve to the right (the long chord of which bears South
03°41'22" East 370.74 feet) ; thence 510.80 feet along a 535.00 foot radius curve to the
left (the long chord of which bears South 07°32' 55" East 491.62 feet) to the center of a
creek known as Red Rock Creek; thence following the center of said creek South 10°32' 11"
West 13.89 feet, South 62°27' 30" West 39.83 feet, South 19°21' 41" West 7. 92 feet, South
87°54'42" West 17.36 feet, South 05°24' 38" West 34 .15 feet, South 51°12' 52" West 33.47
(Continued)
•
LEGAL DESCRIPTION
PARCEL XXIII:
That portion of the following described tract of land in Section 1, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the Easterly
boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit Court for
Washington County:
A tract of land in the George Richardson Donation Land Claim No. 38; beginning at a point
on the South boundary line of the Richardson Donation Land Claim 4 .69 chains South 83° East
from the Northwest corner of the donation land claim of the W.W. Graham Donation Land Claim
No. 39; and running thence North 20°43' West 4.52 chains; thence South 79°25' East 4.45
chains; thence North 77°28' East 3.30 chains; thence North 44° East 2.50 chains; thence
North 12°30' East 1.70 chains; thence North 37°10' West 1.69 chains; thence East 4.50
chains, more or less, to the West line of PALMER ACRES, a recorded plat of Washington
County; thence along said West line South 1°15' East 10.365 chains to the South boundary of
said Richardson Donation Land Claim; thence North 83°00' West 11.95 chains to the place of
beginning.
•
LEGAL DESCRIPTION
feet, South 40°02' 17" West 43.15 feet to the West line of said Parcel II; thence North
00°13' 56" East along the West line, 986.76 feet to the Northwest corner of said Parcel II;
thence South 83°36'41" East along the North line thereof, 22.60 feet to the point of
beginning.
PARCEL XXI :
That portion of the following described tract of land in Section 36, Township 1 South,
Range 1 West, Willamette Meridian, Washington County, Oregon, lying Easterly of the
Easterly boundary of the Beaverton-Tigard Highway as described in Case No. 27-169, Circuit
Court for Washington County.
Beginning at a point in the George Richardson Donation Land Claim No. 38, said beginning
point being reached by running from the Northwest corner of the W.W. Graham Donation Land
Claim No. 39, South 83° East 4.69 chains and North 20°10' West 4.52 chains to a stone, and
the true point of beginning; thence South 79°25' East 4.45 chains; thence North 77°28' East
3.30 chains; thence North 44° East 2.50 chains; thence North 12°30' East 1.70 chains;
thence North 37°10' West 1.69 chains; thence South 86°13' West 49 links; thence North
00°29' West 15. 00 chains along the West line of TWIN OAKS LAND, a plat of record of
Washington County, and its Southerly and Northerly extensions, to the center of Taylor's
Bridge Road; thence West 30 links; thence along the East line and its Southerly extension
of that tract conveyed to Ralph L. Palmer, et ux, by deed recorded in Book 251, Page 759,
Washington County Deed Records, South 00°29' East 15.00 chains; thence South 86°13' West
1.84 chains; thence South 59°10' West 4.50 chains; thence North 84°33' West 3.11 chains;
thence South 20°10' East 2.72 chains to the place of beginning.
PARCEL XXII:
That portion of the following described tract of land in the George Richardson Donation
Land Claim No. 38 and 55 in Section 36, Township 1 South, Range 1 West and in Section 1,
Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, lying
Easterly of the Easterly boundary of the Beaverton-Tigard Highway as described in Case No.
27-169, Circuit Court for Washington County.
Commencing at a point on the South boundary line of said Richardson Donation Land Claim,
South 83° East 4.69 chains from the Northwest corner of the W.W. Graham Donation Land Claim
No. 39; and running thence North 20°43' West 4.52 chains to a stone; thence South 79°25'
East 4.45 chains; thence North 77°28' East 3.30 chains; thence North 44°00' East 2.50
chains; thence North 12°30' East 1.70 chains; thence North 37°10' West 1.69 chains to
beginning point of the land to be described; running thence from said beginning point South
86°13' West 32 .34 feet to an iron pipe on the Easterly line of private roadway 30 links
wide; thence North 0°03' West following the Easterly line of said roadway 336.03 feet to an
iron pipe; thence East 321. 86 feet to an iron pipe on the West line of PALMER ACRES, a
recorded plat in Washington County, Oregon; thence South 1°44'40" East following the
Westerly line of said plat of PALMER ACRES, 333 .65 feet; thence West 299.00 feet to the
place of beginning.
(Continued)
EXHIBIT B
Alexander Parcel
PARCEL I
A tract of land in the Southeast Quarter of Section 36, Township 1
South, Range 1 West, Willamette Meridian, Washington County,
Oregon, being a part of that tract described in deed to Cyrus R.
Knight et ux recorded August 16, 1948, in Book 288, page 53,
Washington County Deed Records, to-wit: Beginning at a point on
the southeasterly right of way line of SW Pacific Highway (Oregon
State Highway 99W) said point being the most westerly corner of
said KNIGHT tract; thence North 52°52 ' East along said right of way
line 51.0 feet to an iron pipe set at the most westerly corner of
that tract described in deed to Alex Finke et ux recorded
September 27, 1967 in Book 661, page 615, Washington County
Records; thence South 36° 42 ' East along the westerly line of said
Finke tract 205.01 feet to an iron pipe on the south line of said
Knight tract; thence North 85° 22 ' West along said south line 67.91
feet to the southwest corner of said Knight tract; thence North 36°
42 ' West along the westerly line of said Knight tract 159 .77 feet
to the point of beginning; SUBJECT TO easements, conditions and
restrictions of public record; rights of the public in any portion
within roads and highways; the usual printed exceptions of title
policies; and any encumbrances arising by the act or failure to act
of any party other than grantors.
PARCEL II
The following described property situated in Washington County,
Oregon:
Beginning at an iron pipe in the Southerly line of that certain
tract of land conveyed to John and Bernice Dobbins by deed recorded
on Page 216, page 150, Washington County, Oregon, Deed Records,
which iron pipe bears South 85° 22 ' East 1972.3 feet from the re-
entrant corner on the West line of the George Richardson D.L.C. No.
55, and bears North 85° 22 ' West 18.4 feet from an iron pipe at the
Northeast corner of PALMER ACRES, a duly recorded subdivision in
Washington County, Oregon; said point of beginning boras North 85°
22 ' West 248. 5 feet from an iron at the Southwest corner of a tract
of land conveyed to C. L. Chilson by deed recorded on Page 194,
Book 124, Washington County, Oregon, Deed Records; thence from said
described point of beginning North 85° 22 ' West along the Northerly
line of PALMER ACRES and southerly line of said Dobbins tract, a
distance of 240 feet to an iron pipe on the Southerly boundary of
the State Highway; thence North 52° 41 ' East along the Southerly
boundary of said highway, 180 feet to an iron pipe; thence South
36° 42 ' East 160.4 feet to the place of beginning.
EXCEPTING THEREFROM, that portion of the property conveyed to the
City of Tigard by Road Right-of-Way Deed recorded on December 18,
1985 as Recorder' s Fee No. 85050034.
ACCESS EASEMENT
LEGAL DESCRIPTION
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1
SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, STATE OF
OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3/4" IRON PIPE AT THE NORTHEAST CORNER OF PALMER ACRES
A RECORDED PLAT ON RECORD AT WASHINGTON COUNTY; THENCE ALONG THE
EASTERN LINE OF SAID PALMER ACRES SOUTH 01°42'05" EAST 16.59 FEET TO
THE NORTHEAST CORNER OF LOT 1 OF SAID PALMER ACRES; THENCE ALONG THE
NORTHERN LINE OF SAID LOT 1 NORTH 85°52'35" WEST 32.88 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERN LINE OF SAID
LOT 1 NORTH 85°52'35" WEST 30.00 FEET; THENCE LEAVING SAID LOT LINE
SOUTH 04°09'25" WEST 71.10 FEET; THENCE SOUTH 85°50'35" EAST 109.98
FEET TO THE BEGINNING OF A CURVE; THENCE EASTERLY 6.20 FEET ALONG THE
ARC OF SAID CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 29.00 FEET
THROUGH A CENTRAL ANGLE OF 12°14'29" TO A POINT ON A CURVE ON THE
WESTERN RIGHT-OF-WAY LINE OF DARTMOUTH ROAD, FROM WHICH POINT A RADIAL
LINE BEARS SOUTH 72°31'50" WEST; THENCE NORTHWESTERLY 60.47 FEET ALONG
THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
453.00 FEET THROUGH A CENTRAL ANGLE OF 07°38'53" TO A POINT ON A CURVE
FROM WHICH THE RADIUS POINT BEARS NORTH 64°59'47" WEST; THENCE
SOUTHWESTERLY 41.04 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIUS OF 34.00 FEET THROUGH A CENTRAL ANGLE OF
69°09'12"; THENCE NORTH 85°50'35" WEST 28.39 FEET; THENCE NORTH
04°09'25" EAST 39.10 FEET TO THE POINT OF BEGINNING.
ALL AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION.
REGISTERED
PROFESSIONAL
LANDSURVEYOR
2 / 1 /
(, OREGON
JANUARY 19, 1383
DOYLE L. ANDERSON
2567
,rzEwsnc- /2-3/-475
Sheet 1 of 2
XREF'S#
SCALC.
300 15 30 60
( FEET )
1 Inch = 30 ft.
NORTHEAST CORNER
PALMER ACRES
POINT OF COMMENCEMENT
POINT OF BEGINNING
= 09'12"
NORTH LINE PALMER ACRES
R = 34.00'
S85 52'35"E T = 23.43'
rni L = 41.04'
PUBLIC R/W C11
cok
N85 52'35"W f 30.00' �
32.88' '114
,5
•CN o s64S2-
, —
P cri �64
d
Z
P - !N85 50'35"W 0 = 07'38'53"
0 28.39' R = 453.00'
T = 30.28'
L = 60.47'
A = 1214'29"
S85'50'35"E R = 29.00'
LOT 1 T = 3.11'
109.98' L = 6.20'
PALMER ACRES w '5o"W
ES 5/2 ''
REGISTEREDQ (R) ,h Q
PROFESSIONAL
LAND SURVEYOR ► ,ccry
-J
pl'id 1 '/ ' ..rc Lu
If) > O
OREGON Z CI C
JANUARY 19. 1993 J d- _\
.,
DOYLE L. ANDERSON
2667 O =
R EA/EL✓pt /2 -3/--95 w
EXHIBIT 'A'
EASEMENT EXHIBIT
NO REVISION BY DATE APP
SURVEYED BY:
Wil PACIFIC
�' °h' 09 9
70011
SCALE: 1'=30' PLOT DATE: 10/31/94
Plena i0w�ese�-a�ae� � 03,....41.211-07711 SHT.
r....4' «��`°"'�'mw...mDRAWN BY: TGB Designed ByiDLAN FILE NAME:0304EX02 1 OF 1
Chant 9 of 9