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12025 SW Rose Vista Drive AFT t RECORD 1► RETURN TO: City of Lard 13125 SW .11 Blvd Tigare �r 972 UNTIL A CHANGE IS REQUESTED SEND TAX STATEMENTS TO: NO CHANGE This space is reservedfor recorder's use. TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement("Agreement") is made this 2a day of atit.p.i t , 2017, ("Effective Date") by and between David Huffman and Crystal Huffman, husband 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 located in Washington County, Oregon, the legal description of which is attached and incorporated into this Agreement as Exhibit A ("Grantor's Property"). B. Grantee controls the right-of-way adjacent to Grantor's Property and is undertaking a project called the Derry Dell Slide and Outfall Repair Project, involving replacing a storm water line and outfall and repairing significant erosion and slope destabilization issues on Grantor's Property and in Grantee's right of way ("Project"). C. As part of the Project, Grantee requires a temporary construction easement over a portion of Grantor's Property. D. The Grantor has agreed to grant the temporary construction easement, and the parties have agreed upon the terms and conditions set forth in this 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: Page 1 - TEMPORARY CONSTRUCTION EASEMENT 1. Grant of Easement. Grantor hereby grants to Grantee a temporary exclusive construction easement ("Temporary Construction Easement") on,to, across, under, over and through that certain portion of Grantor's Property described in Exhibit C and depicted on Exhibit D (the "Easement Area"), both of which are attached hereto and incorporated herein by this reference, and the area described and depicted on Exhibit E. By its signature below, Grantee accepts the easement in accordance with the terms set forth herein. 2. Compensation for Easement. Compensation shall be in the amount of Two Thousand, twenty Dollars and 00/100 ($2,020.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. 3. Term of Easement. The Temporary Construction Easement shall commence three (3) days after the Delivery Date of notice to Grantor that Grantee will begin using the Easement Area and expire upon the earlier of(a) the Delivery Date of notice to Grantor that the Temporary Construction Easement is no longer needed, or(b) January 15, 2018. 4. Scope of Easement. Grantee and its agents, employees, officers, consultants, contractors and other persons entering the Easement Area under the express or implied invitation or consent of Grantee (collectively, "Grantee Parties") shall have the right of ingress and egress across Grantor's Property as needed to access the Easement Area and also have the right to enter upon and use the Easement Area for performing all work needed to complete the Project, including but not limited to storage of personal property, equipment, and parking or staging of equipment and vehicles. Grantee or Grantee Parties may remove trees, shrubs, brush, other plants and vegetation, pavement or other obstructions and other materials within the Easement Area necessary to accomplish these purposes. Grantee shall not install any improvements within the Easement Area without approval of the Grantor. 5. Exclusive Grant. The Temporary Construction Easement granted to Grantee herein is exclusive to Grantee. 6. Maintenance. While the Temporary Construction Easement is in effect, Grantee shall maintain the Easement Area and any permitted improvements, at its sole cost and expense, in a safe and workmanlike manner at all times. Grantee shall comply with all local, state, and federal rules, laws, ordinances, and requirements regarding its maintenance and use of the Easement Area and shall obtain any and all required permits and licenses at its sole cost and expense. 7. Indemnification; Limitation of Liability. 7.1 Subject to the limits of the Oregon Tort Claims Act and further subject to the limitations of liability provided for in this Section 7, 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 Page 2 - TEMPORARY CONSTRUCTION EASEMENT 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. 7.2 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 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. 8. Insurance. During the term of this Temporary Construction 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 for injury to or death of any person or persons and for damage to property occasioned by or arising out of any use of the Easement Area by Grantee or a Grantee Party. 9. Restrictions on Grantee's Use of Easement Area. Grantee shall use, and shall cause Grantee Parties to use, the Easement Area only as necessary for the purpose described in Section 4 of this Agreement and only in compliance with the terms of this Agreement. 10. Damage; Restoration. 10.1 Except as provided in Sections 10.2 and 10.3 below, at Grantee's sole cost and expense, Grantee agrees to repair any and all damage caused to the Easement Area or Grantor's Property by Grantee's or any Grantee Party's use of the Easement Area, and to restore the Easement Area prior to the termination of the Temporary Construction Easement to like kind or better condition as existed in the Easement Area as of the Effective Date. 10.2 The parties acknowledge that Grantee plans to remove trees,pursuant to the Derry Dell at 118th Ct Erosion Control Plan("Plan"). Grantor and Grantee agree that Grantee is not required to replace any trees removed pursuant to the Plan. 10.3 The parties acknowledge that Grantor's Property contains a koi pond. Grantor and Grantee agree that Grantee will follow the Pond Plan, as it may be amended from time to time to avoid or mitigate impacts to the koi pond, and further agree that, as long as Grantee's work on the Project is performed in compliance with the Pond Plan, Grantee will not be responsible for any restoration work with regard to the water source, the pond, or the fish. 11. Default. If either party violates any of the terms, covenants or conditions of this Agreement, or fails to perform any of its obligations set forth in this Temporary Construction Easement in a timely manner, the other party shall have the right to declare a default by written notice and, if such default is not cured as provided in this section, may seek available legal or equitable remedies in the Circuit Court of the State of Oregon in Washington County. Notice shall be given as provided for in Section 12 of this Agreement. The notice shall provide a Page 3 - TEMPORARY CONSTRUCTION EASEMENT detailed statement(s) of the alleged default. If the defaulting party fails to cure the default within ten (10) days from the Delivery Date of the notice, or if within such ten(10)-day period, that party has not begun to cure a matter that cannot reasonably be cured in ten(10) days and does not diligently prosecute the cure to completion, then the party asserting the default may pursue the remedies described in this section. Once notice of default has been given, no additional notice shall be required in order to exercise the remedies provided for in this section. 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. 12. 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 13. General. This Agreement shall run with the land and shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. Time is of the essence with respect to the performance of the obligations set forth in this Agreement. 14. 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. 15. Recording. The parties may submit this Agreement for recording in the real property records of Washington County. The party submitting the Agreement for recording will pay the recording fee. Upon termination, either party may record a commercially reasonable document evidencing termination of this Agreement. The parties agree to cooperate in the preparation of such a document. Page 4 - TEMPORARY CONSTRUCTION EASEMENT 16. Amendment. This Agreement may be amended only by an instrument in writing signed by both Grantor and Grantee. GRANTOR GRANTEE ) - / ' ` // /j City of Tigard, an Oregon municipal G;' `,_ � /f .0,/ corporation avid u ', i / oD /� ‘ ---- ,,r A .. ..,,, „_ , . ..____;,..Iff- At By: „, ,7' C stal Huf 1 an e: iv ;o,,-ner-,,+ s: STATE OF OREGON ) ) ss. County of WAS h/h5)� ) This instrument was acknowledged before me on (,[G,ud,1" ate-, 2017, by David and Crystal Huffman. 4/ 1.0 ;'r>. OFFICIAL STAMP K f� _;�a CAROL ANN KRAGER fl'i �f jam ` J , '� NOTARY PUBLIC - OREGON ,/`f- x 1 ,,�� COMMISSION NO, 924954 NOTARY PUBLIC FOR O GON MY COMMISSION EXPIRES FEBRUARY 10,2018 My Commission Expires: g{6. i6,ddl8' STATE OF OREGON ) ) ss. County of VC-5 h t r\e ) This instrument was acknowledged before me on Sf- o?3, 2017,by SCG 2i rAMe - c�.V\ as the Cityof Tigard, an �-- L�'SSS--Ci.-k� � g Oregon municipal corporation. &ARY P BLIC FOR OREGO , '', OFFICIAL STAMP My Commission Expires: cJ la- iba + 4v.r.f,"? KELLY E BURGOYNE ;k" ' NOTARY PUBLIC - OREGON Nei;'or COMMISSION NO. 958991 MY COMMISSION EXPIRES FEBRUARY 12,2021 Page 5 - TEMPORARY CONSTRUCTION EASEMENT Exhibit A Grantor Property Legal Description N•as-snau WAMA+nV was!WU!'«Coq.a.I. ator.,,•,....,.',sob...co, ,,...a .,.. + SMCIM{11MUNET One `— ID,, KNOW ALL MEN DY THESE PRESENT'S,Tbrt....r�xatcrA,ewLTIR,rEust......._8 7 017 2 8 .,iwralnaftey tailed grantor, - 4 a for t/r eat! �.,,,)nalig t lad, e b rest, n 1 vey Unro. DDV �. �uffm.n and�ryatil fined �iu��ah�a�v��a t hereinafter called grantee,and unto grantee's/Idsaa ,auosore and assigns all of that certain tealprouatfy with he 1* tenement! hereditament' Merging end appurtenances thereunto orging ar in anywise Appertaining,dtuetd In the County C!....E.sahington,,,, Stall of Oregon,neacrlbed as follows,to,wtt, 1 Lot 6,COLONIAL VIEW, in the County of Washington and State of Oregon. This deed it given in fulfillment of that Contract recorded April 2, 1982, recorder's fee no, 82008190. {44 v\ A .T1vP ...._.. IE •. is tt 2; IR TACE'MOIIICIENI.CONINW,OEX,IPr,ON ON PEVtel MOO i5] To Have and to Hold the•eme unto the said grantee and grantee's heirs,successors end assigns forever. T::7 ! And the grantor hereby covenants to end with the said grantee and grantee's heirs,successors and assigns ;moi that said real property is frac from encumbrances created or aultered thereon by grantor and that grantor will war- rant and defend the tame and every pert and parcel thereof against the Institut claims and demands of all persons ..a01 claiming by,through,or under the grantor. balance of I "ate The lean and nctaai r n.idrrnlion paid Ire this Ire-fee,stated in terms of dollen,is$ 56.931.901 contra't -,tat m y ge jgM,fili}7m SIXlIX DOKKeSefeAla•Nt{7¢C;i 1wDOCCItti%X.i'RIrOtEtT0 091iNXEk+Dm(9617NCEStkenb(NAODkiat '"' lu;Tpe'u.d tAZIAMERI(indicate Whieh).0(The,retence Warn the be1,0O,it notapplicable..hould ter deleted.See ONS PA.030. .iii theI AMINO In construing this deed and the context so requires,the singular includes the plural and all grammatical changes shall In implied to make the provisions hereof apply equally to corporations and to individuals. In Witness W1,rcof,the grantor has executed this instrument this 13th day of January ,19 67; 'IIIif a corporate grantor,It hoe caused its name to be signed and t affixed by its elIleen,duly authorized thereto by 'a'T order of its board of directors. ..rt TNIS INSTRUMENT WILL HOT ALLOW USE OF THE PROPERTY DE. '/'�EE'� vi SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND "O1'Y . r06C!! USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING +•hSa' THIS INSTRUMENT.THE PERSON ACQUIRING FEE TITLE TO THE ■�$.�' PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR ries COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. ••••••••••••••••..«•.••.•.•••_•••••••_•••••••••„••"••,•««..................................... 0 STATE CF OREGON ) STATE OF OREGON,County d.._............... .. ....._... .)r. a Canny et_.Washington._ .._.�w ...._......-....._........,._..-...._.IS . ig. .41%4ary 13....-. ....te.g7 iwaeAdly app•arW...._.......__....... and _.;C ... _.._ ..she,halal duly sworn, "- each fa himself sad nes ceo to,rile enh.r,did ray tMr eb•tato.,I,Eh* .�'y-•1T'1_ '-. 1 .,.1O , .14j Fr.1i .-.«.................................«....... an ..-.......�....Prrafdent d IMf ape latter to Ihe - Y, .4..1;0*, -.._...._ .. sesta y a- • +tr i Eli' 6-c 4 4 Iedded tea Condoled in,Na• ._..__ ..sea .. _ .. a ma..., Yi0` of that tat:sad last to the t, ...i..i e a the amaar m.re1 :. o be hr{1. •awar.rr err and dad. hr and s Id renewed.. and that said ty of to b war,Idad a sad mad rn he- -7' ' i 2 hM(el Mtd caponekn by•afherltY of its Leered of duaeten;end Seth d .� 1 "' AV gL` '• them acknowledged NW Mammal to ba its veIVnleel ac,Rad dad• �aTTtt•'' 6 _JrtAL .(1`` .�/ GLG.K�.._�,4,"T! adore ens: COSEAL)L f Notary Rabe IIII0� sgb?r Public da On/an xaary Paver ter rJr.loa ""t,.N,IIlI ivr a.maaa+e..t,s,...!,J_3/.?9.. mom, My oemmtsrlon K til m,•Ne kr•an«wN•. •.._.... carat: .la•t«NnN awq __.8atrisia..Ho),ter _I _...19185..SW..Ni.l1viev St. STATE OF OREGON --Tigard. OA a.NA R.97227.__. } ss 01%.1 Na•ND Ao;.:i. County of Washington David S. b Crystal F. Huffman LDonato w Mason,Direct.'el Assessment • "'22025 SW'Eoae"Viet&Dr. and Taxation and E,•om:to Racoma,of nor.. ._Trice-fay OA 97223.._ _ Yatancan hr old=orb do Malay emery ma , __.-__...-___._...-- i Nwau. the*elan Ir.lame O at wdfng was received Orininar•MMAsa waAYa*ow 1. •" sod'acceded N book of records of said county. 1 an David S._6 C atal F. Huffman •,eases Donald W. Mseon,Director Of 12025Srd']ioae Yisea Dr. OISaDCc ry °xa°°",Ex' 241wdL_OR 49283 ._ eANa.Aasnesa.air nal.,Mee haq•aM elltoneMAN IA MI MW f.a.sse seen., he above. .__,._____...� t987RP8—8 AM 9t 49 r -i ,...� w..s••anal••ill. —1 * Exhibit A 50014-36792 FINAL 8_3_17_Huffman temporary construction easement\DRF/8/22/2017 Exhibit C Easement Area Description AKS Job=5746 AKS ENGINEERNG&FORESTRY,LLC _A isi?%S SV!Herman Road,Sutte 100,Tuaiari OR 97062 P {503)SG3-Gi5I. F:(503)553 6152 EMCmtEW ac s coars'R• OFFICES IN:TUALATIN,OR- VANCOUVER,WA - SALEM-KEIZER.OR EXHIBIT C 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: Commencing at the southeast corner of Lot 6 of the plat"Colonial View".also being the westerly line of Tract"A"of the plat"Creekside Park":thence along said westerly line North 02°53'55"East 7.99 feet to the Point of Beginning:thence leaving said line.and along a line that is 7.50 feet northerly of.when measured at right angles. to the southerly line of said Lot 6 North 66°55'05"West 6' '9 feet: thence leaving said line North 12`45'01"East 16.22 feet: thence South 78°32'32"East 61.54 feet to the westerly line of said Tract-A": thence along said westerly line South 02'53'55"West 30.21 feet to the Point of Beginning. The above described tract of land contains 1460 square feet more or less. 0511'2017 REGISTERED PROFESSIONAL LAND SURVEYOR ILIAwitift-- OREGON JANUARY 8, 2007 NICK WHITE 70552LS RENEWS:6/30/13 Exhibit C 50014-36792 FINAL 8_3_17_Huffman temporary construction easement\DRF/8/22/2017 Exhibit D Easement Area Depiction EXHIBIT D 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 "COLONIAL VIEW" BOOK 18, PAGE 14 LOT 6 N12'45'01"E 16.22' S7832.34 E 61.54. \\\\ -CREEKSIDE PARK' ,\ i �l BOOK 50, PAGE i AREA -_ 1460 SFf TRACT "A° Ns655, 1\\'\\ _ 2 '5' STORM �1YP DRAINAGE �9' EASEMENT - POINT OF BEGINNING \ -NO2'53'55-1 7 99' LOT 7 'N POINT OF COMMENCEMENT LOT 8 N. 05/11/2017 REGISTERED PROFESSIONAL LAND SURVEYOR :my t OREGON JANUARY 9, 2007 NICK WHITE ALE. _, FEET 70652LS RENEWS: 6 30 18 DATE:05/11/2017 PREPARED FOR TEMPORARY CONSTRUCTION EASEMENT EXHIBIT WOLF WATER RESOURCES 1001 SE WATER AVE. SUITE 180 AKS ENGINEERING& FORESTRY, LLC AK cava: HS PORTLAND, OR 97214 12965 SW HERMAN RD, STE 100 O►u: NW TUALATIN, OR 97062 AKs,CR 503-563.6151 F:50'3.563.6152 uks-erq.con 5746 ,,1:. E'.aii'Ir A I'+,I LEt;RT Exhibit D 50014-36792 FINAL 8_3_17_Huffman temporary construction easement\DRF/8/22/2017 0 IIN I 5 LI.: I I LOT 6 / v,////A ' tAi I L=23/ 9% /1r i/ R=1500' NIDD \ \ =95545 'I554hf5D , 4 845/ 4%s AREA: 1, o- I sss 9� , 55'05, •4 �• ___________ ----a---- Q / -.._ 41* ...^N12'45'01"E 16.22' / �,� I 8 o �\\�\ . \:-'-----'----,- --' \`� N -fa, > ON b I J n ,M LOT 7 �N by Go /--- off / LOT 8 I al --- Ew N Op e NOTE: N° FINAL LOCATION OF TEMPORARY CONSTRUCTION1\ o"6 q EASEMENT AREA (TCE) WILL BE ESTABLISHED IN lig THE FIELD BY TIGARD PROJECT MANAGER AND N Q a PROPERTY OWNER. SCALE: 1" = 30' b �T j ADDITIONAL TEMPORARY CONSTRUCTION ��� a ' / 7 EASEMENT 30' 15' 0 30' g:.-- , ' � zUz a- ENGINEERING DIVISION EXHIBIT "E" FIGURE t PUBLIC WORKS DEPARTMENT -E i, , 13125S.W. BLVD. ADDITIONAL EASEMENT T/G4RD, OREGONON 97223 VOICE: 503-639-4171 FAX5D3-6oR.cov2 AREA DEPICTION FILE 6 k TIGARD www.ncaRD-oR.cov � 94016