2007-014738 ~ Durham Road ~ 108th Avenue Washington County,Oregon 2007_014738
02/0r '7 02:11:11 PM
'�IIYY� D-E Cnt■1 Stn■21 RECORDS1
530.00 58.00 511.00- otai=547.00
3(° 111111 11111 11 111 11 1 I 11111 II III
e AFTER RECORDING RETURN TO:
01072560200700147380060066
City Recorder I,Richard Hobemlcht,Director of A ment and
CitOf Tl d Taxation and Ex-Officio County Clerk for Washington F
y g anCounty,Oregon,do hereby certify that the within Ia•s ,,,.
13125 SW Hall Blvd. instrument of writing was received and recorded In thea
book of records of said cou
Tigard,OR 97223 ;kfA �ment and
Richard Hobemlcht,Director of A ment and 3f:-',•
Taxation,Ex-Officio County Clerk
NO CHANGE IN TAX STATEMENT
File No.: o51/S
ACCESS AGREEMENT
THIS ACCESS AGREEMENT ("Agreement") is made effective this (p day of
F ru.ar , 2007 (the "Effective Date"), between OT2 LLC, an Oregon limited liability
company('trantor") and THE CITY OF TIGARD (the "City").
RECITALS
A. Grantor is the owner of the real property legally described on Exhibit A (the
"Property"), which is located on the southwest corner of Durham Road and 108th Avenue in the
City of Tigard, Washington County, Oregon. Prior to Grantor's acquisition of the Property, the
City constructed a culvert (the "Culvert") directing water outfall in connection with Durham
Road and a keystone wall (the "Wall") retaining earthen material placed in connection with the
Culvert's positioning on the Property. The Culvert and the Wall are collectively referred to
herein as the "Facilities."
B. The City desires access to the Property to repair the Facilities, modify the
Facilities to extend and redirect the Culvert and make structural improvements to the Wall (the
"Work"), which Work shall include repair of all impacted stream banks, on both sides of the
stream, along the first 100 feet downstream from the Culvert, as described in the Joint
Removal/Fill Permit Application for the Durham Road Project prepared for the City of Tigard
and submitted by Zion Natural Resources Consulting dated May 2005 (the "Permit"). The
repair shall include reinforcement of downstream banks that show evidence of sloughing or
erosion.. Grantor is willing to grant the City access to the Property to complete the Work and
maintain the Facilities on the terms and conditions described in this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor and the City agree as follows:
1. Access. Grantor hereby grants to the City a nonexclusive right of access (the
"Access Right") over the portion of the Property depicted in Exhibit B and identified with a bold
border (the "Access Area"), to perform the Work and maintain the Facilities on the terms and
conditions set forth in this Agreement and described in the Permit. The City, its employees,
agents and contractors may use the Access Area for the purpose of ingress and egress to perform
Page 1- ACCESS AGREEMENT
yes, sftio,
the Work and maintain the Facilities as described in the Permit. The City also agrees to (i)
construct and maintain a protective safety fence between the sidewalk and the headwall and (ii)
fully restore any impacts associated with accessing the Property, namely: grading, vegetation
renewal, and restoring irrigation lines to their initial condition.
2. Term. The term of this Agreement and the Access Right granted hereunder shall
run in perpetuity or until terminated by mutual written agreement of the parties.
3. Maintenance, Repair and Taxes. During the term of this Agreement, the City,
at its sole expense, shall maintain the Access Area and the Facilities (i) in good condition and in
accordance with the Permit including but not limited to the Culvert, headwall structures and
protective fencing; (ii) to avoid scouring and erosion of the first 100 feet of the impacted banks,
on both sides of the stream, to the south of the Culvert, and (iii) to avoid any undermining and/or
damage to the Wall or Durham Road. Notwithstanding the City's obligations as set forth above
in this paragraph 3, in the event repair or maintenance to the Access Area or the Facilities is
required that results from willful acts or negligence of Grantor or its employees, agents and
contractors, such repair and maintenance shall be at the sole cost of Grantor.
4. Insurance. The City shall at all times carry and maintain comprehensive general
liability insurance in an amount not less than $1,000,000, which insurance shall insure the City
against claims of Grantor on account of the obligation set forth in paragraph 5 below. Upon 15
days written notice, the City shall provide Grantor reasonable proof of such liability insurance.
Notwithstanding the foregoing, the City may self-insure for the obligations of the City set forth
in paragraph 5.
5. Indemnification. The City shall indemnify and hold harmless Grantor from and
against any and all claims arising from or in connection with use of the Access Area and the
Facilities by the City's invitees, guests, licensees, employees, agents and contractors, together
with all costs, expenses and liabilities incurred in connection with each such claim or action or
proceeding brought thereon, including, without limitation, all attorney fees and expenses. This
agreement of indemnification includes indemnification against any impacts or violations of
sensitive lands laws and regulations, including but not limited to, those imposed by the Oregon
Department of Environmental Quality, the Oregon Division of State Lands and Clean Water
Services, all of which have jurisdiction over the stream corridor, wetlands, sensitive lands and
their respective buffers. If City delineates and fences off the public side of the Access Area and
the Facilities, then Grantor shall indemnify and hold harmless the City from and against any and
all claims arising from or in connection with the use of the Access Area and the Facilities by
Grantor, and Grantors, invitees, guests, licensees, employees, agents and contractors, together
will all costs, expenses and liabilities incurred in connection with such claim or action or
proceeding brought thereon, including, without limitation, all attorney fees and expenses. This
agreement of indemnification includes indemnification against any impacts or violations of
sensitive lands laws and regulations, including but not limited to, those imposed by the Oregon
Department of Environmental Quality, the Oregon Division of State Lands and Clean Water
Services.
Page 2- ACCESS AGREEMENT
6. Attorney Fees. In the event legal action is commenced in connection with this
Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorney
fees and costs incurred in the trial court and in the appeal therefrom.
7. Rights Reserved to Grantor. Nothing in this Agreement shall be construed to
restrict Grantor's right to use the Property, including the Access Area and the Facilities provided
that Grantor's use thereof does not interfere with the City's permitted use of the Access Area and
the Facilities.
IN WITNESS WHEREOF, Grantor and the City have executed this instrument as of the
Effective Date.
GRANTOR: CITY:
OT2 LLC, THE CITY OF TIGARD
an Oregon limited liability company
. ,
Paul H. Labb Authorized Signatory BY
Name:, mi, - u - I 1 ' !7U e....4,c—s
By: Title: 0.r. , ted'
Ri hard B. Ossey, Authorized Sip.natory
Mailing Address:
OT2 LLC
633 NW 19th
Portland, Oregon 97209
STATE OF OREGON )
): ss.
County of J44LLC. _4&tt1UJ 1 )
This instrument was acknowledged before me 9LLI'LLLa,LL ( I 9 , 2007, by Paul H.
Labby, as Authorized Signatory of OT2 LLC. (I
... OFFICIAL SEAL j L r4I( (lit ��
TVRN, EBARGER �(
�"" NOTARY PUBLIC-OREGON Notar blic for Oregon
U
�N;:;' COMMISSION NO.374371 }' g
MY COMMISSION EXPIRES NOV 3,2007 My commission expires l 1— 3- U7
[Notary acknowledgments continued on following page]
Page 3- ACCESS AGREEMENT
`44illio '41.0'
STATE OF OREGON )
): ss.
County of rit ( t-iornch..)
This instrument was acknowledged before me ckmaatu(i. i q , 2007, by Richard
B. Osse -. • of OT2 LLC.
,� OFFICIAL SEAL •
e:L :: 1IIRGIN1A WINEBARGER / r l�
�:'". NOTARY PUBLIC-OREGON (_ L 66,� v-'
F COMMISSION NO.374371 Notar3Oublic for Oregon
MY COMMISSION EXPIRES NOV 3,2007
/
-- � My commission expires /— —h7
STATE OF OREGON )
itiV \,
): ss.
County of 1 A )
A-1
Gj This1linstrument was acknowledged before me r�E �fJj t.y 6. , 2007, by
1-t- U,gTu� fp J>,�nOA—,aas 0..L-1-t! &t yn 1---' of the City of Tigan.
1 J 16624-r02_` I. I l i, r-4,2.._
Notary Public for 0 ,gon
My commission expires /.2S/0
I`"iN, OFFICIAL SEAL. J,
( x DIANE M JELOE ICS �tiON (())
r - �y COMMISSIRY ON NO.3 5021
1 MY COMMISSION EXPIRES SEPT.25,2007
) ;^ '' OFFICIAL SEAL
OtANE M JELDERK$ (;
1( •i, .,�.. NOTARY PUBLIC-OREi� 12N
�t�� COMMtSSiON NQ, 73 ,1 (d MY COMMISSION EXPIRES SEPT 25,2007
-�-... --. c...-,,-�.-.-.-ti.-�O7•
Page 4- ACCESS AGREEMENT
9755 SW Barnes Road, Suite 300
4
I Portland, Oregon 97225
PACIFIC 503.626.0455
fax 503.526.0775
AN ASCD COMPANY
FEBRUARY 07, 2007
DURHAM RD. AT 108TH AVE INTERSECTION
LEGAL DESCRIPTION FOR PERMANENT PUBLIC
UTILITY—STORMWATER EASEMENT AREA
FILE NO. 0548
PROJECT NO. 32430
EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON
COUNTY, OREGON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 10, 11, 14 AND 15
THENCE SOUTH 89°52'03" WEST ALONG THE NORTH LINE OF SECTION 15, 774.03 FEET;
THENCE SOUTH 00°07'57" EAST, LEAVING SAID SECTION LINE, 50.00 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF SW DURHAM ROAD AND THE POINT OF
BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 00°07'57" EAST, 35.00
FEET; THENCE SOUTH 89°52'03" WEST, PARALLEL WITH SAID SECTION LINE, 16.85 FEET;
THENCE SOUTH 72°36'21" WEST, 56.65 FEET; THENCE SOUTH 25°44'42" WEST, 22.48 FEET;
THENCE NORTH 64°15'18" WEST, 50.00 FEET; THENCE NORTH 25°44'42" EAST, 16.91 FEET;
THENCE SOUTH 89°52'03" WEST, PARALLEL WITH SAID SECTION LINE, 11.64 FEET;
THENCE NORTH 00°07'57" WEST, 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
SW DURHAM ROAD; THENCE NORTH 89°52'03" EAST, ALONG SAID SOUTHERLY RIGHT-
OF-WAY LINE, 130.00 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 6,388 SQUARE FEET OR 0.147 ACRES.
I- REGISTERED
PROFESSIONAL
L ND SURVEYOR
m411
OREGON
JULY 13, 2004
LSCOTT M. GRUBBS
54728
RENEWAL: 06-30-07
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35.00' 16.91'
98952'03'V
11.64'
SCALE
0 15 30 60
iiimloomI I I LEGEND
( FEET ) +;+:.PERMANENT SLOPE EASEMENT 0 6,388 SQ.FTt
1 INCH = 30 FT
CHECKED BY: SMG CITY OF TIGARD
DRAWN BY: TEN APPROVED BY: l rH'
LAST EDIT: 2/7/2007 PLOT DATE: 02/07/07 �� 1 EASEMENT
DATE BY REV/ REVISION CK`D APPR. 1 ' EXHIBIT
9700 MI Harm.�
Mee SOO , TAX MAP T2SR 1 W SEC 15NE TAX LOT NO. 1100
WASHINGTON COUNTY OREGON
(11011)111-0100
poy. ,.. SCALE: PROJECT NO. DRAWING FILE NAME: I SHEET 1/1
- 1" = 30' 032430 32430-sury-ex02
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