85-049171 ~ Hall Boulevard .ter___------- --
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CITY OF TIGARD
WASHINGTON COUNTY,OREGON
January 31, 1986
Richard Sturgis
2216 SW Sunset Blvd.
Portland, OR 97201
Dear Mr. Sturgis:
Enclosed is a copy of the recorded easement agreement between the City of
Tigard and the Maxwell & Lila Sturgis Trust for property along Hall Blvd.
If you have any questions, please contact Ms. Joy Martin, Administrative
Assistant.
Sincerely,
I
/1, . , L....c_cjii j-- - _) -L-..-.1\c..-___,- _-\.. .
.
'Loreen R. Wilson
City Recorder
lrw/3585A
CC: Joy Martin
12755 SW. ASH P.O. BOX 23397 TIGARD. OREGON 97223 PH.639-4171
85449171
EASEMENT AGREEMENT
The CITY OF TIGARD, a municipal corporation, ("Grantor" )
and MAXWELL W. STURGIS TRUST and LILA L. STURGIS TRUST,
("Grantee" ) agree as follows:
1. RELATIONSHIP OF THE PARTIES
On February 20 , 1984 , Grantor agreed to purchase from
Grantee or Grantee 's transferees in the event of a multiple
party exchange , approximately 3 .8 acres of unimproved real
property. This 3 .8 acres of unimproved real property was part
of a 4 .8-acre parcel of real property. Grantee retained an
adjacent one-acre parcel of this 4 .8-acre parcel. This
agreement is set forth in an Earnest Money Agreement dated
February 20 , 1984 , with Grantee as Seller and Grantor as
Purchaser . This Earnest Money Agreement is incorporated by
reference as if fully set forth.
2 . REASON FOR THIS EASEMENT AGREEMENT
Paragraph 20 of the Earnest Money Agreement described in
paragraph 1 above provides:
"Purchaser shall grant Seller a perpetual easement for
ingress and egress between Seller 's retained property
and Hall Boulevard to be used in conjunction with any
lawful use of Seller 's retained property. The
easement shall be not less than 20 feet in width or
such greater width as the City may require for two-way
vehicular and pedestrian access. The easement
location shall be determined by Purchaser and shall
utilize the driveway contemplated by Purchaser if any
is constructed. The easement shall be provided at no
cost to Seller but Seller shall construct the roadway
to the point of connection with Purchaser 's driveway
at Seller 's cost. Purchaser may change the location
of the easement from time to time if necessitated by
its use of its property so long as Purchaser
reconstructs the roadway in the relocated easement at
Purchaser 's expense. "
3 . CONVEYANCE OF EASEMENT
Grantor conveys to Grantee , their heirs, successors and
assigns a perpetual, nonexclusive easement for vehicular and
pedestrian ingress and egress . The easement shall be
appurtenant to Grantee 's real property described herein.
4 . PURPOSE AND LOCATION OF EASEMENT
The purpose of this Easement is to provide Grantee, their
heirs , successors and assigns vehicular and pedestrian ingress
1 - EASEMENT AGREEMENT
Q
Yr.r Nr.e
and egress from Grantee ' s real property (described in paragraph
8) over a contemplated driveway that Grantor proposes to construct
on Grantor ' s real property (described in paragraph 7) to Southwest
Hall Boulevard. The location of the easement on Grantor' s real
property shall be determined by Grantor upon written request from
Grantee and the description thereof signed by Grantor may be
recorded.
The easement shall be not less than 20 feet in width and
shall be in such width as may be required by the City of Tigard
for two-way vehicular traffic and pedestrian access . Grantee
shall construct all improvements in the easement to the point
of connection with Grantor' s driveway at their sole cost and expense .
Grantor retains, at its sole discretion, the right to designate
the dimensions and location of said easement, except as limited
herein.
5. USE OF EASEMENT
Grantee, their heirs, successors, assigns, invitees, guests
and other persons claiming under them, shall use the easement
only for vehicular and pedestrian ingress and egress to Grantee ' s
property.
This Agreement does not grant nor convey to Grantee any
right or title to the surface of the soil of the real property,
except for the purposes set forth in paragraph 4 .
6 . MAINTENANCE
Grantor and Grantee agree that Grantee shall be responsible
for the cost of all improvements and construction within the
easement from the Grantee ' s remaining property to the point of the
contemplated driveway. Grantor shall be responsible for 75% of
the cost of maintaining the portion of the driveway within the
easement and Grantee shall be responsible for 25% of the cost of
maintaining the portion of the driveway within the easement.
Grantee ' s obligation for maintenance shall commence upon completion
of the improvements to the easement which shall connect to the
driveway. Attached as Exhibit "A" is a map consisting of one page
which depicts the contemplated driveway and easement.
Grantor shall maintain the driveway and shall bill Grantee
for Grantee ' s share of the actual cost of the maintenance.
Grantee shall pay said billing within 30 days of the date of
said billing. Any unpaid balance not paid within 30 days of
the date of said billing shall be subject to a delinquency
charge of 1-1/2% per month on the unpaid balance. Grantor' s
and Grantee ' s rights and obligations hereunder are covenants
running with Grantor' s and Grantee ' s real property described
herein.
In the event one of the parties hereto materially disturbs
the roadway surface beyond that incidental to normal wear and
tear, said party shall be obligated to bear the full cost and
2 - EASEMENT AGREEMENT
responsibility of returning the driveway to its condition prior
to such material disturbance and damage. Any party claiming
such damage shall first notify the other party prior to
commencing any repairs for material disturbance and damage to
the driveway beyond normal wear and tear . In the event that
Grantor does not maintain the driveway, Grantee may, after
notice to Grantor , perform necessary maintenance and recover
75% of the cost thereof from Grantor .
7 . GRANTOR'S REAL PROPERTY
Grantoe is the owner of the real property described in
Exhibit "A" , incorporated by reference as if fully set forth .
8 . GRANTEE'S REAL PROPERTY
Grantee is the owner of the real property described in
Exhibit "B" , incorporated by reference as if fully set forth .
9. PRIORITY OF USE, COOPERATION AND INDEMNIFICATION
Grantor and Grantee shall cooperate with each other during
periods of joint use of said driveway so that each other 's use
shall cause a minimum of interference to the other ' s use .
Grantor and Grantee agree to indemnify, hold harmless and
defend each other from any loss , claim or liability arising out
of the other 's use of said driveway. Grantor and Grantee shall
maintain liability insurance for injury to person and property
in a single limit amount of not less than Three Hundred
Thousand Dollars and shall name each other as additional
insureds under such policies. Grantor 's and Grantee 's rights
and obligations of indemnification and insurance are covenants
running with Grantor 's and Grantee ' s real property described
herein. In the event either party disagrees at any subsequent
time to the amount of liability insurance for injury to person
and property that should be maintained commensurate with the
use of the driveway, either party may request the other to
increase the other 's insurance. In the event the parties
cannot agree, then either party may request the appointment of
an arbitrator under the then rules of the American Arbitration
Association. The parties shall share equally the cost of
arbitration and the arbitrator ' s decision as to the amount of
insurance to be maintained shall be conclusive and binding on
the parties.
10 . NOTICES
Any notices required hereunder shall be given in writing
and be transmitted by registered or certified mail, postage
prepaid , and shall be deemed given upon the date postmarked.
All notices shall be addressed to the last known address of the
parties hereto .
3 - EASEMENT AGREEMENT
*400 *iwif
11. ATTORNEY 'S FEES
In the event suit or action is instituted for a declaration
of rights hereunder or to enforce any of the provisions of this
Agreement, the parties agree to pay the cost of such sums as
the trial court may adjudge as attorney 's fees to be awarded
the prevailing party. If any appeal is taken from any jdugment
or decree, the parties agree to pay further attorney 's fees and
costs as may be adjudged reasonable by any appellate court and
awarded the prevailing party.
12 . BREACH - EQUITABLE RELIEF
The parties acknowledge that the uses provided by this
Agreement are unique and 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.
Time and strict performance are of the essence of this
Agreement.
13 . MODIFICATION
No amendment to or modification of this Agreement shall be
valid unless the same shall be in writing, signed by the
parties who are then bound by the terms hereof.
14 . BINDING EFFECT
This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective successors ,
heirs and legal representatives. All rights and duties imposed
hereunder are covenants running with Grantor 's and Grantee 's
real property described herein in addition to Grantor 's and
Grantee 's personal liability for performance and enforcement of
the same.
15 . PRIOR EASEMENTS AND ENCUMBRANCES
This easement is granted subject to all prior easements or
encumbrances of records, if any.
16 . PRIOR AGREEMENTS
This Agreement supersedes and replaces all written and oral
agreements heretofore made or existing by or on behalf of the
parties, except this Agreement shall be consistent with the
Earnest Money Agreement between the parties and described in
paragraph 1 of this Agreement.
4 - EASEMENT AGREEMENT
17 . PREPARATION OF AGREEMENT
This Agreement has been prepared by O'Donnell & Ramis ,
acting as attorneys for the Grantor . Grantee is represented by
Lawrence R. Derr , Attorney at Law.
18 . TRUE CONSIDERATION
The true consideration for this conveyance and agreement
will consist of the mutual promises contained herein.
19 . EXECUTION OF NECESSARY DOCUMENTS
Grantor and Grantee agree to execute all documents
necessary and convenient for carrying out the purposes of this
Easement Agreement.
20. SEWER EASEMENT
Grantor grants a perpetual non-exclusive easement for the
construction, maintenance, reconstruction and operation of an
underground sewer line ten feet in width the center line of
which is parallel to the Northerly line of Grantor 's property
and extending from the Westerly line of said property to the
Westerly line of Grantee 's property at a location in the
Northerly 162 feet of the Westerly 205 feet of Grantor 's
property to. be designated by Grantor upon request of Grantee.
Grantor grants a temporary easement for construction purposes
30 feet in width, the center line of which is the center line
of the permanent sewer easement described above. The temporary
easement shall terminate upon completion of the initial
construction of the sewer line.
oorDATED this 00,Lyday of , 198
GRANTOR: GRANTEE:
CITY OF TIGARD, a municipal MAXWELL N. STURGIS TRUST
corporation/ �
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5 - EASEMENT AGREEMENT
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STATE OF OREGON )
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WHIS`'INSTRUMENT was acknowledged before me on ��,,
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,i, ;; 5 THIS INSTRUMENT was acknowledged before me on 7' d ,
ell" by RICHARD NORMAN STURGIS, trustee, on behalf of the
Maxwell N. Sturgis Trust and the Lila L. Sturgis Trust . .
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6 - EASEMENT AGREEMENT
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EXHIBIT "A"
A portion of that certain tract of land in the W . Graham D.L.C . #39 . In
the Southeast quarter of Section 2 , Township 2 South, Range 1 West , of the
Willamette Meridian , in the City of Tigard , County of Washington and State
of Oregon , described as Parcel "I" in that certaind deed to Richard Norman
Sturgis and recorded in Book 1004 , page 319 deed records of Washington
County , Oregon , said portion being more particularly described as follows :
Beginning at a 5/8 " iron rod in the North line of said parcel "I" , which
point bears South 89° 10 ' 54 " East 205 . 33 feet from the Northwest corner
thereof , and running thence South 02° 15 ' 06" West 162 . 00 to a 5/8" iron
rod; thence South 89° 10 ' 54 " East 272 . 72 feet to a 5/8 "
iron rod; thence
continuing South 89° 10 ' 54" East 23 . 21 feet to a pointin the East line of
said Parcel "I" , being in the center of S .W. Hall Blvd; thence along said
East line South 01°41 ' 56" West 215 . 03 feet to the Southeast corner of said
parcel "I" ; thence along the South line of said parcel South 78°37 ' 23 "
West 305 .64 feet, South 11°02 ' 18" East 42 . 20 feet, South 78° 57 ' 42" West
33 .00 feet, North 11°02 ' 18" West 42 .20 feet and South 79 °24 ' 42" West
178 . 50 feet to a stone at the most Westerly Southwest corner of said
parcel "I " ; thence along the West line of said parcel " I" , North 02° 15 '06"
East 483 . 75 feet to a 5/8" iron rod inside a "I" iron pipe at the
Northwest corner thereof ; thence along the North line of said parcel "I" ,
South 89° 10 ' 54 " East 205 . 33 feet to the point of beginning .
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Parcel "B" : That tract of land situated in Washington County, State of..Oregon
described as:
Part of the W.W. Graham D.L.C. No. 39, T.2S. ,R.1W. , W.M. conveyed by Gay N. Bybee
et ux to John Mackie et ux, by deed dated February 7, 1920, and recorded at Page
530 Book 114 Records of Deeds for Washington County, Oregon . Beginning at a
point on the west line of said Mackie Tract from which the S.W. corner of the
east of the George Richardson D.L.C. No. 38 bears N. 2° 26' E. 182.7 ft. and
N. 16° 33' W. 211 feet and N. 43° E. 1235.5 ft. thence S. 89° 00' E 499.7 ft. to point
of beginning at the center of County Rd. , No. 227; then in center of said road
S. 1° 30' W 161.97 ft. , thence N 89° 10'-54" W 295.92 ft. , thence N. 02° 15' 06"
E 162.0- ft. , thence S89° 10' 54" E 290.84 ft. to point of beginning.
STATE OF OREGON
County of Washington SS
I, Donald W. Mason,Director of Assessment
and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
Donald W. Mason, Director of
Assessment and Taxation, Ex-
Officio County Clerk
1985 DEC 12 PM 2: 19
'4rire *we
O'DONNELL & RAMIS
ATTORNEYS AT LAW CANNY OFFIC(
MARK P. O LL 181 N.GRANT.SUITE 202
RAMI
TIMOTHY V. RAMIS BALLOW & WRIGHT BUILDING CANBY.OREGON 97013
KENNETH M. ELLIOTT (503) 288.1149
STEPHEN F. CREW 1727 N.W.HOYT STREET
KIRKLAND T. ROBERTS PORTLAND.OREGON 97209
(503) 222-4402
ADRIANNE J. BROCKMAN
OF COUNSEL PLEASE REPLY TO PORTLAND OFFICE
December 26 , 1984
Mr. Lawrence R. Derr
Attorney at Law
33 N. W. First Avenue
Portland, Oregon 97209
Dear Larry:
I have reviewed the revised Easement Agreement that you
prepared for the City of Tigard-Sturgis sale. I have forwarded
it to the City. I accepted all of the changes that you made
with the exception of the first paragraph of Section 6 and
paragraph 20 . I believe both of these paragraphs are correct
as you drafted them; however, I want to make sure that my client
agrees with that interpretation.
I have also forwarded your letter of November 26 , 1984 to the
City. While the Earnest Money Agreement is correctly summarized
in the second paragraph of your letter, I would prefer not to
state the various reasons that I have for recommending to the
City not to pay this small sum of money.
The sale and closing of this transaction was extremely difficult
and I think it ' s a credit to both of us that we held it together
and got the job accomplished. With this in mind, I have swept
under the table the error in the title insurance policy issued
to the City by First American Title Insurance Company. Our
instructions specifically provided that the title insurance
policy was to be issued subject to certain exceptions. The policy
was issued subject to an exception that did not show nor was
agreed to and this exception was the rights of the public in and
to that portion of the premises lying within the limits of S.W.
Hall Boulevard. While our client has not authorized us to waive
this claim, I have not previously brought it to your attention
in the hope that this matter would end.
We have recommended to the City that they have no obligation to
pay the taxes for the period in question. If your client insists
on pursuing the collection of this small sum of money, we will
deliver a complete and full report to the City. As soon as I
hear from my clients, I will contact you concerning the revised
Easement Agreement.
Sincerely,
Mark P. O' Donnell
MOD: sw
cc: Mr. Bob Jean, City Administrator w/enclosure
WEISS, DESCAMP, BOTTERI 8 HUBER
A PROFESSIONAL CORPORATION
ROBERT L.WEISS ATTORNEYS AT LAW
JOHN B.D[.CAMP,JR.
RICHARD M. BOTTERI November 26, 1984
S.KYLE HUBER
CHARLES P. STARKEY NORTON HOUSE
ROBERT H.THOMSON 33 N.W. FIRST AVENUE
MARK A.vow BERGEN
GREGORY F.JENNER PORTLAND,OREGON 97209
JAMES P. DRAUDT 15031 227-3331
DANIEL F. McNEIL
COLLEEN 0.CLARKE
LAWRENCE R.DERR
COUNSEL
HAND DELIVERED
Mark P. O 'Donnell , Esq.
1727 N.W. Hoyt Street
Portland, Oregon 97209
Dear Mark:
I have enclosed a revision of the Easement Agreement
between Tigard and the Sturgis Trusts. It incorporates
changes made to the initial Earnest Money Agreement and
agreed to by the City and other matters that I believe are
consistent with the needs of the parties . Please review
it and call me with your comments.
The Earnest Money Agreement provides that if the
closing is deferred beyond October 1 , 1984 the City will
pay 79% of the real property taxes on the 4. 8 acres owned
by the trusts for the period of deferral . This payment was
not included in the closing and should be handled by a direct
payment from the City to the two trusts jointly. I suggest
that Mr. Sturgis deal directly with the appropriate City
official to establish the sum due. Please advise if this
is acceptable and the name of the individual to contact.
Very truly yours,
Lawrence R. Derr
LRD:dbr
cc: Richard Sturgis