2017-067062 ~ 11925 SW Gaarde Street Washington County,Oregon 2017-067062
D-E
Stn=0 A STROM 08/23/2017 10:38:33 AM
AFTER EXECUTING RETURN TO: $40.00$5.00$11.00$5.00$20.00 $81.00
Cl of Tigard I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
13125 SW Hall Blvd certify that the within instrument of writing was 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
nn This Stormwater Drainage Easement Agreement("Agreement")is made this 2 day
ofr l Y 017, ("Effective Date")by and between Jeff Funkhouser and Juanita
Funkh er,h band 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
11925 SW Gaarde St.,Portland, OR 97224 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.
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
n/� This Stormwater Drainage Easement Agreement ("Agreement") is made this 2�- day
o�i11< 017, ("Effective Date") by and between Jeff Funkhouser and Juanita
Funkh ser, h band 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
11925 SW Gaarde St., Portland, OR 97224 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.
Page 1 — Stormwater Drainage Easement Agreement
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:
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 One Hundred Dollars and
00/100 ($100.00) 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") will have the right of ingress and egress
across Grantor's Property as needed to access the Easement Area and 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. Subject to the limits of the Oregon
Tort Claims Act and the Oregon Constitution, 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.
Page 2— Stormwater Drainage Easement Agreement
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: Jeff and Juanita Funkhouser
11925 SW Gaarde St.
Tigard, OR 97224
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.
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
Page 3 — Stormwater Drainage Easement Agreement
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
tIA City of Tigard, an Oregon municipal
t f corporation
Jeff unkhouser
.41 ' By:
'te.1a Funkhouser e: •
ts:
" % OFFICIAL STAMP
r`r"'='sV.'��: CAROL ANN KRAGER
STATE OF OREGON ) r '`� NOTARYBOREGON
�s/ COMMISSIONPULIC NO.- 924954
SS. MY COMMISSION EXPIRES FEBRUARY 10,2018
County of IVLSij,Ji ir--- )
This instrument was acknowledged before me on (ti 2 Z, 2017, by Jeff
and Juanita Funkhouser. Q
NOTARY PUBLIC FOROEaON
My Commission Expires: e-6. /C) 01 g
STATE OF OREGON )
) ss.
County of lAftc$kunq )
This instrument was acknowledged before me onlS-f a 3 , 2017,by
t GL2-t Mv%MtMct.K , as f554,CL Mc..v&c /of the City of Tigard.
10:x,, •
si '''40, OFFICIAL STAMP NOTARY PUB1 C FOR ORJGO\T
,,a KELLY E BURGOYNE My Commission Expires:a off!/?0P1
+� NOTARY PUBLIC OREGON
`r�, COMMISSION NO. 958991
MY COMMISSION EXPIRES FEBRUARY 12,2021
Page 5 — Stormwater Drainage Easement Agreement
Exhibit A
Easement Area Legal Description
AKS Job.5746
Ai�49
ANS ENGINEERING&FORESTRY,tic
:296S SV:Harman Road,Suite 100 7ualatt. OR 47062
P,1503)S&3-6:S: F.(503)563-0152
ENG.NEERINC a LORESTR♦ OFFICES IN: TUALATIN.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
\Vest.Willamette Meridian. Washington County.Oregon and being more particularly described
as follows:
Beginning at the northeast corner of Lot S of the plat"Colonial View":thence along the easterly
line of said Lot S. South 02`53'55"\Vest 7,99 feet to a line that is parallel with and 7.50 feet
southerly of.when measured at right angles.to the northerly line of Lot 7 of said plat:thence
along said line.North 66`55'05"West 9.25 feet to the northerly line of said Lot 8:thence along
said line.North 63'58'55-East 9,92 to the Point of Beginning,
The above described tract of land contains 35 square feet more or less.
05 112017
REGISTERED
PROFESSIONAL
LAND SURVEYOR
I9D�'+�������
OREGON
JANUARY 9, 2007
NICK WHITE
70552LS
RENEWS: 6/30/111
Page 1 — Exhibit A 50014-36792 FINAL 8_2_17_Funkhouser 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, R1W,
W M., WASHINGTON COUNTY, OREGON
LOT 6
AREA = 35 SFt
Ina
15' c_.1;.',P,V N63'58'55"E 9.92'
DRAINAGE
POINT OF BEGINNING
E PEEVE:NI
SO2'53554 7.99'
LOT 7
'COLONIAL mut'
BOOK 18, PAGE 14
"CREEKSIDE PARK"
N66'55'054 9.25' LOT 14 BOOK 50, PAGE '
LOT 8
05/11/2017
REGISTERED
PROFESSIONAL
LAND SURVEYOR
I/Pr
OREG•N
JANUARY 9, 2007
NICK WHITE I =-120 FEET
70652LS
RENEWS: 6 30 18
DATE:05/:1/2017
EXHIBIT
PREPARED FOR
WOLF WATER RESOURCES STORM DRAINAGE EASEMENT
1001 SE WATER AVE SUITE '80 AKS ENGINEERING & FORESTRY, LLC AK Nivv:
PORTLAND, OR 97214 '2965 SW HERMAN RD, STE 100 0HK0NA
TUALATIN, OR 97062 AKs JOR
P:503.563.6151 F:503.563.6152 al<s—en tor, 5746
maw1 re I AlaIT
Page 1 — Exhibit B 50014-36792 FINAL 8_2_17_Funkhouser Stormwater Easement
Agreement\DRF/8/22/2017
Exhibit C
Grantor's Property Legal Description
•
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A
W
00t11t20X 02:44:02 PM2 -O�• 0
D 43w Cant ami K DRUanWALD
,O VERO/a.111..11401.0•Ted a 142C*
RECORDING REOUESTED BY
(1 FIDELITY NATIONAL TITLE COMPANY OF OREGON 111111111111111 111111111
�O f GRANTOR'S NAME 00115701/12006005630000200211
1 ex..u.r,a....noret T.,r,n
Jon E.France and Catny K.fr4nce ▪ E,aha e...,y D..m.waNnp,mw.t. *I
wryen tls riser.wItIrte vas ll Mae.Ppm beolt .d
GRANTEE'S NAME nee.rodd away 404.41141, r,
Jeff Funkhouser and Juanita Fl nkhouser .Nen R.Mineal,Oben.. wa.n«+•nr Tax..Viva.Cw.NEN.
.
SEND TAX STATEMENTS TO:
Mr.and Mrs.Jeff Funkhouser
11925 SW Gaarde St.
Tigard,OR 97224
AFTER RECORDING RETURN TO:
Mr.and Mrs.Jeff Funkhouser
11925 SW Gearde St.
Tigard,OR 97224
STATUTORY WARRANTY DEED e 1
Jon E.France and Cathy K.Frar;ce as tenants by the entirety,Grantor,conveys and warrants to
Jeff Funkhovser and Juanita Filihouser,Husband and Wife,Grantee,the following described real property,free and
pp clear of encumbrances except specifically set forth below,situated in the County of Washington,State of Oregon,
5 Lot 8,COLONIAL VIEW,in the City of Tigard,Washington County,Oregon.
W
Ff \ WASHINGTON COUNTY '
r 1 •. REAL PROPERTY TRANSFER TAX
b/
Suject to and excepting:
oz g' s Y0/•0 S•(1.04
FEE PM
' Covenants,conditions,restrictions and easements of record ' DATE
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE
LAI ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER CHAPTER 1,OREGON LAWS 2005(BALLOT MEASURE 37(200411.
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION
OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE
6• PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
1 PLANNING DEPARTMENT TO VERIFY APPROVED USES,70 DETERMINE ANY OMITS ON LAWSUITS AGAINST
• FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER CHAPTER 1,OREGON LAWS 2005(BALLOT MEASURE 37
1200411.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS$401,000.00(See ORS 93.030)
DATED: Mer4,2006 c
K E. anc••eJJ��//
T`yA(Abnr't•
Cathy .Ft4nce
4LSTAJG
/41.—
STATE
TE OF OREGON ,0f
COUNTY OF /!2/�SOA/
This instrument was acknowledged before me on
/06
NOTARY NM=
by f i2Q6t an/ , LR✓K a
'IOWA L.DAVIS
saklzOrWASHINGTON
�"tI!►F� ! �.�.� wpOLtirr+oplr.aa21.s1es
NOTARY PUW FOR- —FST
MY COMMISSION EXPIRES: Q .0. /a;
FORD-313 few 2/96: STATUTORY WARRANTY DEED
inswe.sd.wpuy'2051
Page 1 —Exhibit C 50014-36792 FINAL 8_2_17_Funkhouser Stormwater Easement
Agreement\DRF/8/22/2017