2017-067070 ~ 12015 SW Rosa Vista Drive Washington County,Oregon 2017-067070
Stn=0D-AE
M LOPEZ 08/23/2017 10:42:36 AM
$40.00$11.00$5.00$20.00 $76.00
AFTER EXECU'T'ING RETURN TO: I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
City of Tigard Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
13125 SW Hall Blvd 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 /4- day
ofa. , 2017, ("Effective Date")by and between Mary E. Smith,Trustee of the Mary
E. Srm Trust u/i/d July 12,2016 ("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
12015 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.
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 / r4- day
of`.(.te , 20/7, ("Effective Date")by and between Mary E. Smith, Trustee of the Mary
E. Smi h Trust u/i/d July 12, 2016 ("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
12015 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.
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 Four Thousand Five
Hundred and 00/100 ($4500.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged.
3. Term of Easement. This Agreement, and the easement granted herein and
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 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: Mary E. Smith
12015 SW Rose Vista Dr.
Portland, 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.
13. Authority. The person executing this Agreement on behalf of Grantor represents
and warrants that he or she has authority to execute this Agreement, and authority to bind all
owners of Grantor's Property to the terms herein. The person accepting this Agreement on
Page 3 — Stormwater Drainage Easement Agreement
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.
GRANTOR GRANTEE
Mary E. Smith, Trustee of the Mary E. City of Tigard, an Oregon municipal
Smith Trust u/i/d July 12, 2016 corporation
{
J
By: ( y s� 4,100r—
By
Name: 111/1 K E 5 rvl i th . e: do. Mile
Its: j r u.st ee ts:
Page 4—Stormwater Drainage Easement Agreement
STATE OF OREGON )
) ss.
County of gam;fu6A-pn )
This instrument was acknowledged before me on •A\.)105-k- 1L{ , 2017,by
Mary E. Smith, Trustee of the Mary E. Smith Trust u/i/d July 12, 2016.
„`0, � OFFICIAL STAMP
IBETSY GALICIAra:7----e___
t
NOTARY PUBLIC-OREGON
°' COMMISSION NO.925741 NOTARY PU IC FOR OREGON
MY COMMISSION EXPIRES MARCH 09,2018 My Commission Expires: 3 19 1 18
STATE OF OREGON )
) ss.
County of 4.
This instrument was acknowledged before me on -t Q � d3 , 2017,by
i''h
C. . rY%e4'VYtah, , as as St Cot-7Iia-tvLo Pow'of the City of Tigard.
:�„�.� OFFICIAL STAMP
0 ti =.,-,---, > KELLY E BURGOYNE (71OTARY U LIC FOR OR �O
NOTARY PUBLIC OREGON
�►%:�� COMMISSION N0. 958991 My Commission Expires: IP- vb2-1
MY COMMISSION EXPIRES FEBRUARY 12,2021
Page 5 — Stormwater Drainage Easement Agreement
Exhibit A
Easement Area Legal Description
vias.r,,t,=;--I,
ASS AKS ENGINEERING ORESTRY,LIC
R
12965 SW Herman oao,Suite 100.Tualatin,OR 97062
P:(503)563-6151 F:(503)563-6157
ENGINEERING&FORESTRY 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
West, Willamette Meridian, Washington County,Oregon and being more particularly described
as follows:
Beginning at the northeast corner of Lot 8 of the plat"Colonial View";thence along the
northerly line of said Lot 8. South 63°58'55"West 9.97 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 northerly line.North 66`55'05"West 148.08 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 3'15'01". a Length of
7.66 feet and Chord of North 34°43'25" East 7.66 feet to the northerly line of said Lot 7; thence
along said northerly line. South 66°55'05"East 153.03 feet to the Point of Beginning.
The above described tract of land contains 1,129 square feet more or less.
05/11/2017
REGISTERED
PROFESSIONAL
LAND SURVEYOR
nAdldft-
OREGON
JANUARY 9, 2007
NICK WHITE
70652LS
RENEWS: 6/30/18
Page 1 — Exhibit A 50014-36792 8_2_17_Smith Stormwater Easement Agreement\DRF/8/7/2017
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 N
1
,r
225.
25, SCALE: 1"=30 FEF?
i A "COLONIAL VIEW" 30 0 1? 1e 24 ac
/ OGS OQ. BOOK 18, PAGE 14
/
`� A• LCT 6 POINT OF BEGINNING
R=135.00' ?9 SFS Ssvat 14-1,,
_
_1=315'01- ''6635',5 03 BOOK 50 AGEK1
L=7.66'
CHORD=N34'43'251 7.66' Nue
LOT 7 \ TRACT 'A"
� , 'tt Ni
^v t1
I
05/11/2017 S63'58'55"W 9.97'
REGISTERED LOT S
PROFESSIONAL ,
LAND SURVEYOR
OREGON
JANUARY 9, 2007
NICK WHITE
70652LS
RENEWS: • . 1:
PREPARED FOR DATE:05/11/2017
WOLF WATER RESOURCES STORM DRAINAGE EASEMENT EXHIBIT
1001 SE WATER AVE. SUITE 180 B
PORTLAND, OR 97214 AKS ENGINEERING & FORESTRY, LLC DRw+: HS
12965 SW HERMAN RD, STE 100
AIMS( licc . HWTUALATIN, OR 97062 AKS J00P:503.563.6151 F:503.563.6152 aks—enq.com5746
DW 5746 acnosn[41114T a TOM I tcnur
Page 1 — Exhibit B 50014-36792 8_2_17_Smith Stormwater Easement Agreement\DRF/8/7/2017
Exhibit C
Grantor's Property Legal Description
4D Washington
""'Oregon 2016-055853
V • 07/18/2016 03:19:17 PM
0.085 [nog Stn-9 D MOON
$15.00$5.00$11.00$20.00-Total 451.00
Gene F.Smith(deceased)and Mary E.Smith,Grantor I Iflhlihilil IIIIHI clII II1I 11111 I
12015 SW Rose Vista Drive 11 NNN
Tigard,OR 97223 02181708201600558530030033
B 1,nlcbard HabrrHaM.01nd1ard i colla na land •-
tasdCn and 111.0111¢0 County Girt for Washington 4. •'
County.Otognn,do dors*candy Mattis MN1n .c" ;)
Mary E.Smith,Trustee of the mstrumenslmimic was rsalwd remu.asd1n1M" — —.
Mary E.Smith Trust u/i/d July 12,2016,Grantee wok e1 rseaM o1 Ni cod
12015 SW Rose Vista Drive alenanrHobenlich DInd o Assessma °teri.' ,
ra■son,I'0SMe County Cie*
Tigard,OR 97223
After Recording,return to: Law Office of Jerold W.Hilary,LLC
9250 S.W.Tigard St.
CM Tigard,Oregon 97223
Until requested otherwise,send all tax statements to:
Mary E.Smith
12015 SW Rose Vista Drive
Tigard,OR 97223
BARGAIN AND SALE DEED
Gene F.Smith(deceased,copy of death certificate attached as Exhibit A)and Mary E.Smith,husband and
wife,hereinafter called Grantor,CONVEYS TO Mary E.Smith,Trustee of the Mary E.Smith Trust u/i/d July 12,
2016,hereinafter called Grantee,the following real property situated at 12015 SW Rose Vista Drive,Tigard,
Washington County,Oregon,described as follows,to-wit:
Lot 7, COLONIAL VIEW, Washington County, Oregon, subject to statutory powers and
assessments of the Unified Sewerage Agency,declarations of conditions and restrictions recorded
July 17, 1961, Book 446, Page 692, Washington County records, and restrictive covenants
regarding underground wiring recorded October 22, 1965, Book 574, Page 222, Washington
County records.
The true and actual consideration paid for this conveyance is$0.00.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO I I,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,
CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.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 PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT
THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS
DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO
IIi
/1/
/// •
Page I-Bargain and Sale Deed--12015 SW Rose Vista Drive,Tigard,Oregon
Page 1 —Exhibit C 50014-36792 8_2_17_Smith Stormwater Easement Agreement\DRF/8/7/2017