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2015-096158 ~ 8500 & 8512 SW Spruce Street ~ 85th Avenue '� • wiw a;oi: 2015-096158 o-E Cnt-1 91n-11 C WHITE 525.00$5.00$11.00$20.00.Total 461.00 RETURN TO: Clean Water Services 11111111 II 1111111111 I1II I I Mail Stop 10 02108290201500961580050059 2550 SW Hillsboro Highway I,Richard HobemkM.Director of Assessment end Tssegon and G-0IRole Coney Clete for wWNnYlen Hillsboro OR 97123 c.d.,.Oregon•do hereby cony then*wItnn � Isstrument of writing vre-reoNrW a ed in the 16 6�6 book of records at fed eeu�%� Project: 0 Richard Habamkn4 DlrMer or AMMNnant end --.i:* Teuton,ga-0Rleb Courtly Clerk Tax Lot No.: 1S136004400 Square Feet: (a4 '/8,023 9,, 'Fr, EASEMENT FOR WATER QUALITY PRESERVATION AND STORM AND SURFACE WATER DRAINAGE GRANTOR'S NAME: Japanese International Baptist Church ADDRESS: 8500 SW Spruce St.Tigard,OR 97224 GRANTOR,owner of the property described herein,has the authority and does hereby grant,convey and warrant unto Clean Water Services,GRANTEE,a non-exclusive perpetual easement in gross to use the real property described in Exhibit A attached hereto and by this reference incorporated herein(Easement Area) for water quality preservation and storm and surface water drainage. This easement includes the right to construct and perpetually maintain storm and surface water drainage and water quality facilities(including vegetation)through,under,and along the Easement Area.This easement includes the right to access the above described easement over and across the land of the GRANTOR for the purpose of maintenance of the easement and facilities therein. This easement shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto,their heirs,successors and assigns. GRANTEE shall not have any responsibility for pre-existing environmental contamination or for environmental contamination caused by GRANTOR or any third party of the Easement Area. Any temporary easement granted hereby is automatically extinguished upon acceptance of the completed public facilities in the adjacent permanent easement. The consideration for this grant is nonmonetary. Additional terms and conditions set forth below are hereby agreed to and binding upon the parties to this easement: 1. No structure shall be erected on the Easement Area without the written consent of the GRANTEE. 2. One purpose of this easement shall be to preserve water quality by maintaining native vegetation and habitat conditions within the Easement Area.GRANTOR agrees that any vegetation planted by GRANTEE within the Easement Area shall not be removed,destroyed,mowed,altered or sprayed with biocides. GRANTOR may make additional plantings of Oregon native species within the Easement Area and may prune planted vegetation with approval of GRANTEE. 3. GRANTOR agrees that there shall be no filling,excavating or dredging;no removal of topsoil, sand,gravel,rock,minerals or other materials,nor any dumping of ashes,trash,garbage,or of any other material,and no changing of the grade or topography of the Easement Area in any manner unless authorized by GRANTEE. 4. GRANTOR agrees that there shall be no damming,dredging or other activities that may be detrimental to water quality within the Easement Area. The scope of this easement includes GRANTEE'S right to remove any barrier to natural creek flow within the Easement Area that may cause flooding of structures subject to the terms of necessary federal,state and local permits. GRANTOR agrees that any activities within the Easement Area which are,in the opinion of the GRANTEE,inconsistent with preserving the natural condition of the Easement Area are prohibited and may be subject to enforcement action. Page 1—Easement for Water Quality Preservation and Storm and Surface Water Drainage • 5. GRANTEE shall take action to enforce the terms of this easement. Enforcement shall include abatement of any prohibited condition or activity within the Easement Area by all means provided under Clean Water Services'Ordinances and Resolution and Orders,and federal and state laws. 6. GRANTEE and its contractors shall confine construction operations to within the Easement Area or make special arrangements with GRANTOR if additional area or access is required. 7. During the time that work is in progress, GRANTEE and GRANTEE'S contractor shall make every effort to maintain the site in a neat and orderly condition. All refuse,excess fill material, etc., shall be removed as soon as practicable. Should the site not be maintained in satisfactory condition,GRANTEE may cause the work to stop until the cleanup portion of the work has been done to the satisfaction of GRANTOR and GRANTEE. CORPORATE, LLC,PARTNERSHIP,TRUST OR OTHER LEGAL ENTITY SIGN BELOW Japanese International Baptist Church (Entity name) By: /-4r (Sign ere for entity) Title: President Date: /Y 1/pvnAber /Q 2 7 /6"--- ACCEPTED APPROVED AS TO FORM By: 4Ltairve:41i11.0/1_, /Y tLeilit)44/ General Mr Designee District CoselClean Watces (J Page 2—Easement for Water Quality Preservation and Storm and Surface Water Drainage • STATE OF Ore(31 ) County of V3ci 'l ) This instrument was acknowledged before me on N O Y ema' I 0, 2015 (date) by MI - K0t.6 (name of person)as President _(title)of Japanese International Baptist Church (name of entity). 6,4 at...,44,ts No Public • OFFICIALA CHRISTINA E COOLSONI �'�''� NOTARY PUBLIC •OREGON ;;- COMMISSION NO.920187 111 COMM EMS OCTOMEU 13.2111 Page 3—Easement for Water Quality Preservation and Storm and Surface Water Drainage f • • EXHIBIT "A" A PORTION OF THAT TRACT DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 2013-099496, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN IN THE CITY OF TIGARD,COUNTY OF WASHINGTON,STATE OF OREGON,AS SHOWN ON THE ATTACHED EXHIBIT'B' AND BEING MORE PARTICUALARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3-1/4"ALUMINUM DISK MARKING THE NORTHWEST CORNER OF THE GEORGE RICHARDSON DONATION LAND CLAIM NO. 55;THENCE SOUTH 00°14'31" WEST, 257.48 FEET TO THE POINT OF BEGINNING ON THE SOUTHERLY WEST LINE OF SAID TRACT; THENCE NORTH 87°37'26" EAST,37.82 FEET;THENCE SOUTH 59°49'54" EAST, 88.45 FEET; • THENCE SOUTH 85°55'18" EAST,9.70 FEET;THENCE SOUTH 18°29'16" EAST, 38.57 FEET; THENCE SOUTH 89°39'22" EAST, 28.38 FEET;THENCE NORTH 64°14'27" EAST, 17.03 FEET; THENCE SOUTH 79°38'15" EAST, 82.45 FEET;THENCE SOUTH 41°57'21" EAST, 28.76 FEET; THENCE SOUTH 13°41'45" EAST, 22.79 FEET;THENCE SOUTH 01°05'12" EAST, 96.29 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT;THENCE ALONG SAID SOUTH LINE NORTH 86°36'18" WEST, 130.30 FEET;THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89°02'49" WEST, 158.31 FEET TO THE SOUTHWEST CORNER OF SAID TRACT;THENCE ALONG SAID SOUTHERLY WEST LINE NORTH 00°14'31" EAST, 217.21 FEET TO THE POINT OF BEGINNING. CONTAINING 48,023 SQUARE FEET, 1.10 ACRES MORE OR LESS BASIS OF BEARINGS IS WASHINGTON COUNTY SURVEY NUMBER 32265 PREPARED BY CESNW, INC. REGISTERED PROFESSIONAL LAND SURVEYOR 73,-", , 14---- --4,- ---- OREGON DECEMBER 13, 2007 RYAN H. GODSEY 65604 RENEWS: 6/30/17 2967 CWS easement PAGE 1 OF 2 i EXHIBIT 'A' REGISTERED PROFESSIONAL LAND SURVEYOR _ Apr; „„� SW SPRUCE STREET(C.R. 947) % r OREGON DECEMBER 13,2007 RYAN H. GODSEY 65604 POINT OF RENEWAL DATE: 06/30/2017 COMMENCEMENT ___ % i � 3 1/4”ALUMINUM DISK NW CORNER OF RICHARDSON DLC DOC. NO. 2009-101377 4,?to N in I N 3 I DOC. NO. Y� 2013-099496 v ° 0 ? 2 1 SCALE: 1" = 60' 4 1 r�N87°37'26"E 37.82' 60 30 0 60 r` POINT OF 6:5'909is BEGINNING SIrX88 S85°55'18"E 9.70' S18°29'16'E 38.57'—i-` N64°14'27"E 17.03' 7_. S9° 8S89°39'22"E 28.38NI w :. 541°57'21"E 28.76'---A9\\ En 0 513°41'45"E 22.79' 0 48023 SF 1.10 ACRES 0' N 6 al w N 1.4 <n o 1.4 SW STEVE STREET o (CR 2386) cn N89°02'49"W 158.31' N86°36'18"W 130.30' CES N\'\ 13190 SW 68th Parkway,Suite 150 DATE: 10/30/2015 5033.968.66555r www.cesnw.com [. PAGE 2 OF 2