2017-067194 ~ 12025 SW Rose Vista Drive Washington County,Oregon 2017-067194
D-E 08/23/2017 02:16:05 PM
Stn=O Y LOPEZ
AFTER EXECUTING RETURN TO: $40.00$11.00$5.00$20.00 $76.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
City of Tigard Officio County Clerk for Washington County,Oregon,do hereby
13125 SW Hall Blvd certify that the within instrument of writing ws received and
recorded in the book of records of said county.
Tigard Or 97223 Richard Hobernicht,Director of
Assessment and Taxation, Ex-Officio
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE
This space is reserved for recorder's use.
STORMWATER DRAINAGE EASEMENT AGREEMENT
This Stormwater Drainage Easement Agreement("Agreement") is made this 1 2 day of
AU 2017, ("Effective Date")by and between David Huffman and Crystal Huffman,
hus and and wife (collectively, "Grantor"), and the City of Tigard, an Oregon municipal
corporation("Grantee").
RECITALS
A. Grantor is the record owner of a parcel of real property commonly known as 12025
SW Rose Vista Dr., Portland,OR 97223 and legally described on the attached and incorporated
Exhibit C ("Grantor's Property").
B. Grantee controls the right-of-way adjacent to Grantor's Property.
C. Grantee needs an easement over a portion of Grantor's Property for installation,
placement,inspection,maintenance and repair of a stormwater line, outfall and related at, above,
and underground facilities(collectively,"Stormwater Facilities"), as further detailed in this
Agreement.
D. The installation of the Stormwater Facilities will also require Grantee to undertake a
slope stabilization repair and monitoring plan to stabilize the Easement Area, defined below, and
repair erosion impacts on Grantor's Property and the adjacent right-of-way ("Plan").
E. The Grantor has agreed to grant an easement to Grantee pursuant to the terms and
conditions set forth in this Agreement.
F. The purpose of this Agreement is to create an exclusive easement across the
Easement Area and provide the terms and conditions of the use of the Easement Area and
Stormwater Facilities by Grantee. The`Basement Area" consists of those areas of Grantor's
Property described in Exhibit A and depicted in Exhibit B. The exhibits are attached hereto and
incorporated herein by reference.
AGREEMENT
NOW THEREFORE, for and in consideration of the performance by Grantor and Grantee of
the covenants, agreements, conditions and stipulations contained herein,it is mutually agreed by
and between the parties as follows:
Page 1 —Stormwater Drainage Easement Agreement
AFTER EXECUTING RETURN TO:
City of Tigard
13125 SW Hall Blvd
Tigard Or 97223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE
This space is reserved for recorder's use.
STORMWATER DRAINAGE EASEMENT AGREEMENT
This Stormwater Drainage Easement Agreement ("Agreement") is made this 12 day of
Avo , 2017, ("Effective Date") by and between David Huffman and Crystal Huffman,
hus and and wife (collectively, "Grantor"), and the City of Tigard, an Oregon municipal
corporation ("Grantee").
RECITALS
A. Grantor is the record owner of a parcel of real property commonly known as 12025
SW Rose Vista Dr., Portland, OR 97223 and legally described on the attached and incorporated
Exhibit C ("Grantor's Property").
B. Grantee controls the right-of-way adjacent to Grantor's Property.
C. Grantee needs an easement over a portion of Grantor's Property for installation,
placement, inspection, maintenance and repair of a stormwater line, outfall and related at, above,
and underground facilities (collectively, "Stormwater Facilities"), as further detailed in this
Agreement.
D. The installation of the Stormwater Facilities will also require Grantee to undertake a
slope stabilization repair and monitoring plan to stabilize the Easement Area, defined below, and
repair erosion impacts on Grantor's Property and the adjacent right-of-way ("Plan").
E. The Grantor has agreed to grant an easement to Grantee pursuant to the terms and
conditions set forth in this Agreement.
F. The purpose of this Agreement is to create an exclusive easement across the
Easement Area and provide the terms and conditions of the use of the Easement Area and
Stormwater Facilities by Grantee. The "Easement Area" consists of those areas of Grantor's
Property described in Exhibit A and depicted in Exhibit B. The exhibits are attached hereto and
incorporated herein by reference.
AGREEMENT
NOW THEREFORE, for and in consideration of the performance by Grantor and Grantee of
the covenants, agreements, conditions and stipulations contained herein, it is mutually agreed by
and between the parties as follows:
Page 1 — Stormwater Drainage Easement Agreement
1. Grant of Easement. Grantor hereby grants to Grantee a perpetual, exclusive
easement on, to, across, under, over and through the Easement Area for the purposes described in
this Agreement.
2. Consideration. The consideration for the easement is Four Thousand Dollars and
00/100 ($4,000.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged.
3. Term of Easement. This Agreement, and the easement granted herein are perpetual,
will be effective on the Effective Date and will continue in perpetuity until terminated as provided
for in this Agreement.
4. Scope of Easement. Grantee and its agents, employees, officers, consultants, and
contractors of Grantee (collectively, "Grantee Parties")have the right of ingress and egress across
Grantor's Property to access the Easement Area and the Stormwater Facilities and also have the
right to enter upon and use the Easement Area to construct, install, operate, inspect, maintain, repair,
reconstruct and replace the Stormwater Facilities and perform all activities necessary to successfully
complete the Plan and related monitoring responsibilities. Grantee or Grantee Parties may remove,
with no obligation to replace, trees, shrubs, brush, other vegetation and plants, pavement or other
materials within the Easement Area necessary to accomplish these purposes. Tree removal shall be
done in accordance with the Plan documents.
5. Exclusive Grant. Grantee's right under this Agreement, and the easement granted
herein, are exclusive to Grantee.
6. Maintenance. While this Agreement is in effect, Grantee shall maintain the
Easement Area and the Stormwater Facilities, at its sole cost and expense, in a safe and
workmanlike manner at all times.
7. Applicable Law. Grantee shall comply with all local, state, and federal rules, laws,
ordinances, and requirements regarding its maintenance and use of the Easement Area and must
obtain any and all required permits and licenses at its sole cost and expense.
8. Indemnification; Limitation of Liability.
8.1 Subject to the limits of the Oregon Tort Claims Act and further subject to the
limitations of liability provided for in this Section 8, the Grantee will indemnify, defend and hold
Grantor harmless from and against any and all claims arising from or in connection with use of or
damage to the Easement Area and the Stormwater Facilities by Grantee or Grantee Parties, 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
indemnification will not apply to the extent the claim or loss is attributed to the negligent or
intentionally harmful acts of Grantor or Grantor's agents, employees, officers, contractors,
consultants, licensees or invitees.
8.2 Notwithstanding the above, the parties acknowledge that Grantor's Property
contains a koi pond. Grantee has prepared a plan to minimize or avoid impacts to the koi pond that
may arise from Grantee's activities in the Easement Area, the Stormwater Facilities and Plan (the
"Pond Plan"). Grantor and Grantee agree that Grantee is responsible to follow the Pond Plan, as it
Page 2— Stormwater Drainage Easement Agreement
may be amended from time to time, and further agree that, as long as Grantee's activities in the
Easement Area are performed in compliance with the Pond Plan, Grantee will not be responsible for
actual impacts to the water source, the pond, or the fish.
9. Insurance. During the term of this Easement, Grantee shall carry, and
require its agents and contractors to carry, worker's compensation insurance as required by
applicable law and commercially reasonable comprehensive liability coverage in connection with
any and all of Grantee's acts and/or omissions including, without limitation, for injury to or death of
any person or persons and for damage to property occasioned by or arising out of any act, omission,
and/or use of the Easement Area by Grantee or a Grantee Party. Such policies of insurance shall
name Grantor as additional insureds and shall be endorsed accordingly. Grantee shall provide
evidence of such coverage, as well as appointment as additional insureds (with endorsement)in a
form reasonably acceptable to Grantor within seven(7)business days following the Effective Date.
10. Breach of Obligation. Neither party shall be considered in default under this
Agreement for a failure to perform its obligations under this Agreement unless such failure
continues more than fifteen(15) days after written notice to the other party of its failure to perform
its obligations under this Agreement unless such failure continues more than fifteen(15) days after
written notice to the party of such failure. To the extent the failure is of the type that cannot be
cured within the fifteen(15) days, the party shall not be considered in default if the failure is not
cured within the fifteen(15)days after such notice provided that the party commences to cure such
failure within such period and diligently and continuously completes the cure of such failure within
a reasonable period of time. If any party shall be in default of such party's obligations under this
Agreement, the other party shall be entitled to require performance of the obligations by suit for
specific performance or, where appropriate through injunctive relief, or an action for damages or
amounts due but not paid. Such remedies shall be in addition to any other remedies afforded under
Oregon law.
11. Notices. All notices, approvals, consents or requests given or made pursuant to this
Agreement shall be deemed delivered (a)upon receipt by personal delivery when written
acknowledgment of receipt thereof is given, (b)if given by United States mail, certified mail, return
receipt requested, with postage prepaid, two (2) days after it is deposited in the mail, or(c) if given
by a nationally recognized overnight carrier prepaid for next business day delivery ("Delivery
Date"). Notices shall be addressed as follows until a new address for notices shall be designated by
notice in the manner provided in this paragraph to all other parties:
If to Grantor: David and Crystal Huffman
12025 SW Rose Vista Dr
Tigard, OR 97223
If to Grantee: City of Tigard
Attn: City Manager
13125 SW Hall Blvd
Tigard OR 97223
12. Incorporation of Recitals. The foregoing Recitals are true and correct and are
hereby incorporated into this Agreement by this reference.
Page 3 —Stoimwater Drainage Easement Agreement
13. Authority. Each person executing this Agreement represents and warrants that he or
she has authority to execute this Agreement. The person accepting this Agreement on behalf of
Grantee represents and warrants that he or she has been duly authorized to accept this Agreement
and to bind Grantee to the terms herein.
14. Nonwaiver. Failure by either party at any time to require performance by the other
party of any of the provisions hereof shall in no way affect the party's rights hereunder to enforce
the same, nor shall any waiver by a party of the breach hereof be held to be a waiver of any
succeeding breach or a waiver of this nonwaiver clause.
15. Severability. If any provision of this Agreement or the application thereof to any
person or circumstances shall, to any extent,be held invalid, inoperative or unenforceable, the
remainder of this Agreement, or the application of such provision, to any other person or
circumstance shall not be affected thereby. The remainder of this Agreement shall be given effect
as if such invalid or inoperative portion had not been included. It shall not be deemed that any such
invalid provision affects the consideration for this Agreement.
16. Recording. This Agreement will be recorded in the real property records of
Washington County, Oregon. The City will pay the recording fees.
17. Amendment. This Agreement may be amended only by an instrument in writing
signed by both Grantor and Grantee.
18. Attorneys' Fees. In the event of any action by the parties concerning the subject
matter of this Agreement,the prevailing party shall be entitled to recover from the non-prevailing party
its costs and expenses of enforcing its rights hereunder,including actual experts', consultants', and
attorneys' fees, and all professional fees incurred by the prevailing party with respect to such action.
19. Applicable Law. This Agreement shall be governed by the laws of the State of
Oregon without regard to principles of conflicts of laws.
20. Runs With the Land; Time of the Essence. This Agreement will run with the land
and be binding upon and inure to the benefit of and be enforceable by the respective successors and
assigns of the parties to this Agreement. Time is of the essence with respect to the performance of
the obligations of this Agreement.
Page 4— Stormwater Drainage Easement Agreement
GRANTOR GRANTEE
/ •
f City of Tigard, an Oregon municipal
{/G / /12—_,...--r corporation
/Da 'd Hu ffn
41017-
i_ ..1' 4 f„oz!//z�' By: o% -
C .'tal Hu ii ane r •% 2-i n..........44/1.....,—...
ts:
STATE OF OREGON )
) ss.
County of lk}&Su 1 i rt j tzr,., )
This instrument was acknowledged before me on, Ltp aa- , 2017,by David
and Crystal Huffman.
i > OFFICIAL STAMP
-4” CAROL ANN KRAGER
-, NOTARY PUBLIC - OREGON
a`i',/ COMMISSION NO. 924954
�}� a4 L'-4 z.-
MY COMMISSION EXPRES FEBRUARY 10,2018
NO ARY PUBLIC FOR'O GON
My Commission Expires: 6 /(1 1 01 SS
STATE OF OREGON )
1t���1�) ss.
County of INC(.5k.,� J )
This instrument was acknowledged before me on ,S÷ _ a 3 , 2017,by
Chic Z V Vt VWXIN cc.V\ , as 4S5+.et 4-ti VYut.haq e of the City of Tigard.
- - 51111r;:.ii-di .. I
,; ''• OFFICIAL STAMP NO ARY P i:LIC FOR ORE C N
''ca �2 KELLY E BURGOYNE �� a�
t:. _, My Commission Expires: l3-
t•• ,. NOTARY PUBLIC - OREGON
� COMMISSION NO. 958991
MY COMMISSION EXPIRES FEBRUARY 12,2021
Page 5 — Stormwater Drainage Easement Agreement
Exhibit A
Easement Area Legal Description
AKS Job=5746
Al1=SMSAKS ENGINEERING&FORESTRY,lit
129ES SW Herman Road.Suite 100 Tualatin.OF 97062
P (503)5t3-051 F (503)563-6152
ENGINEERING a FORESTRY OFFICES IN:TUAIATIN,OR - VANCOUVER,WA• SALEM-KEIZER,OR
EXHIBIT A
Legal Description
A tract of land located in the Southwest One-Quarter of Section 3.Township 2 South.Range 1
West.Willamette Meridian.Washington County.Oregon and being more particularly described
as follows:
Beginning at the southeast corner of Lot 6 of the plat"Colonial View": thence along the
southerly line of said Lot 6 North 66°55'05"West 153.03 feet to the easterly right-of-way line of
SW Rose Vista Drive(25 feet from centerline):thence along said right-of-way line along a non-
tangent curve to the left with a Radius of 135.00 feet.a Delta of 03°15'04".a Length of 7.58 feet
and Chord of North 31°26'23-East 7.58 feet to a line that is parallel with and 7.50 feet northerly
of.when measured at right angles.to the southerly line of said Lot 6: thence along said line
South 6695'05"East 149.17 feet to the easterly line of said Lot 6: thence along said hue.South
02°53'55"West 7.99 feet to the Point of Beginning.
The above described tract of land contains 1.133 square feet more or less.
05 11 2017
REGISTERED
PROFESSIONAL
LAND SURVEYOR
nortiat jiiiialt.._
OREGON
1. JANUARY 9, 2007
NICK WHITE
70652LS
RENEWS: 6/30/18
Page 1 —Exhibit A 50014-36792 FINAL 8_2_17_Huffman Stormwater Easement
Agreement\DRF/8/22/2017
Exhibit B
Easement Area Depiction
EXHIBIT B
MAP OF LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SW 1/4 OF SEC. 3, T2S, R1 W,
W.M., WASHINGTON COUNTY, OREGON
/125. /
/r 20 FEET
5' 3
���� *COLONIAL VIEW"
BOOK 18, PAGE 14
P Q
LOT 6
J\� j 4o. S665,
/ p5.
1133 5F F 149 1),
05•
6655' ! 'CREEKSIDE PARK"
R=135.00'
X3'13'04' 7 \
off, \. \ ,\ ; BOOK 50, PAGE
CHORDCHORD
=N31'26'23'E 7.58'' LOT 7 ' ; "- TRACT
SO2'53'55'W 7.99'
0a/.1/2017
REGISTERED LOT B
PROFESSIONAL
/ I
LAND/ SURVEYOR POINT OF BEGINNING
r.A
OREGON
JANUARY 9, 2007
NICK WHITE
70652LS
RENEWS: 6 I 1:
PREPARED FOR DATE:05/11/2017
WOLF WATER RESOURCES STORM DRAINAGE EASEMENTEXHIBIT
1001 SE WATER AVE. SUITE 180
PORTLAND, OR 97214 AKS ENGINEERING & FORESTRY, LLC AK D=AN: HS
1296501 HERMAN RD, STE 100 Gin: NW
T1ALATIN, OR 97062 AKS JON
F 503.563.6151 F:503.563.6'52 aks—erq con- 5746
101'$S11 EYwun 8 1L'ILC I itr;;61'
Page 1 — Exhibit B 50014-36792 FINAL 8_2_17_Huffman Stormwater Easement
Agreement\DRF/8/22/2017
FOR LEGIBILITY PURPOSES
EXHIBIT C (GRANTOR PROPERTY LEGAL DESCRIPTION) IS ON FILE AT CITY HALL
Exhibit C
Grantor's Property Legal Description
••.r .t:
He.ref--E!rsu wWANre ar>rrnu..1«G,Ptir,. ,.5
,`• s$CIu WASIANTY aa10
_ 7 8t
KNOW ALL MEN BY THESE PRESENTS,That. PATRICIA MOLTER, Trust*.
.IVO
,hereinafter called grantor,
.: eDav a Nehawnil fdNryds ahu � at uiiIahnwwuMO. -
_ hereinafter called grantee,and unto grantee's heirs,clamours and smith's all of That attain real property with the
of
s tan
iettlesnte heroiltemente and appurtenances:hereunto belonging or in enywhe appertaining,situated in the County
i aingeon ,State of Oregon,G'aecribed cc follow.,to•wlt:
I LOt 6, COLL.NIAL VIEW, in the County of Washington and State of Oregon.
This deed ie given In fulfillment of that Contract recorded April 2, 1982, recorder's
Lee no. 82008190,
t'xil
16
..t.
I FT
,- .v
..Vg ;.,') IR PPACU,NSUStiOtta.COMMA DtSEintroN oN MUST soot
—
To Have and to Hold the-ame unto the eeid grantee and grantee's heirs,uuCcessors and assigns forever. I
Tl,-i.-• And the grantor hereby covenants to and with the said grantee and grantee',heirs,successors and assigns
.=tlit that said real property Is tree from encumbrances crea.ed or suffered thereon by grantor and that grantor will War-
rant and defend the come and every pert and parcel thereof against the lawful claims end demand,of all persons
VW claiming by,through,or under the grantor. balance of
The true and er.tuai rnn.idr,vti ,,rod for this Ire-fel.,stated in term:of dollars,is t 58,931.99/ cotl•
tra't
-4121.
:12. o;Ag•�Dt���matlOiitonarocoz QREIX/DtK]Ciixstmwd{�c tatltsvoopmU[rpr.ver idt
pa F•otie OCOM Iralli it indirate which yin pp
- i: (� ).L%(TM center:,lnrw<en tMr botet).t;nwr /iubA,,hauld Le deleted.See ORS➢7.070.)
_•wt In construing this deed and where the context so requires,the singular includes the plural and all grammatical
changes shall be implied to make the provisions hereof appiy equally ro corporations and to individuals.
r In Witness Whereof,the grantor has executed this instrument this 13th day of Janunry ,19 87;
Ail it a corporate grantor,it has caused its name to be signed an eel affixed by its officers,duly authorised thereto by
aide:of iia board of directors.
.4.5g£ THIS INSTRUNENT WILL NOT ALLOW USE Or THE PROPERTY DE. ��'�t`/'/1p,'� �7'r/.> IJ.•....
•..B SCRIBED SWIM INSTRUNENT IN VIOLATION OF APPLICABLE LAND trti I `^'•U.'T . testae
�a, USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING .................._..-.............«............._ _.......-...._..........................«..
,•t(ai THIS INSTRUMENT.THE PERSON ACQUIRING PEE TITLE TO THE
i PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
I....4 COUNTY PLANNING OEPARTNENT TO VERIFY APPROVED USES. ...................................•....-..•.•.,»"••-'.•••-.. ...""...•••.•...•.".•.....'..
pec STATE OF OREGON. ) STATE OF OREGON,County aL_..._.._ _... _....)x.
.
aJ County el Washington._.__..._�" u_....._.
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_,_ •7,tareaba b.....hl,•fT•..E froWnterY so and deed. it ad recto-ration std that raid intermitter of
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+4 t r 5 NM.* // //✓/ ,tc�may}/•�- them rcCoo tr�'aet cid Inurement to be ors voLratatr act and dud.
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.—. _..,1.01 b.5..8H_Hiliviev St. STATE Of OREGON
._...T.isasd._OR.91223...-.. } Ss
Nre pe n.wa etOceNwi"' Dort ry o:waehinelor;
David S. 6 Crystal F. Huffman
• I e .. I.Donald W.Mason Dirctoctn to io,of Con.
o.
1 IYOYS"9R�-RO"ee�Vista Dr. Ana 7axauon and 6.OiNc+a Raamor of Con•
""Tigail;-oR'37223" v0Yancee for said county,do hated/cants Ins
Amer re.N�,s+a,mo `....__..___...,«...._. ata wttrotor d book m wddso.,1 andIn tounty.Oc.be I
roe •
_pays.;
1035 Davi1d,SH RueS. 6 Crystal F. Huffman ^,re^et+• OoseS W. Meso,,DYettor o1
.s 43eta Dr.
..._.. �Aaostan h Taxation,EA. ,
•TigertlL,.00.1,223._.,,,,
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—.1.1.9.-.0..911.......--
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—. •
Page 1 —Exhibit C 50014-36792 FINAL 8_2_17_Huffman Stormwater Easement
Agreement\DRF/8/22/2017