11925 SW Gaarde Street AFT: ' RE r•RDING RETURN TO:
City o' ig•rd
13125 S Hall Blvd
Tigard • 223
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE
This space is reserved for recorder's use.
TEMPORARY CONSTRUCTION EASEMENT
p Thi Temporary Construction Easement("Agreement") is made this Z day of
, 2017, ("Effective Date")by and between Jeff Funkhouser and Juanita
Fu ouser, 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:
1. Grant of Easement. Grantor hereby grants to Grantee a temporary exclusive
construction easement ("Temporary Construction Easement") on,to, across, under, over and
Page 1 - TEMPORARY CONSTRUCTION EASEMENT
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. 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 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. 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. Except as expressly limited in this Agreement, and to the
extent permitted by the Oregon Tort Claims Act and the Oregon Constitution, Grantee shall
indemnify, defend, and hold Grantor harmless from and against any injury, expense, damage,
liability, or claim, including reasonable attorney fees (collectively, "Claims"), incurred by
Grantor that arise directly or indirectly from Grantee or Grantee Parties' use of the Easement
Area. Grantee's indemnification obligations under this Section 7 shall survive the expiration or
termination of the Temporary Construction Easement.
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
Page 2 - TEMPORARY CONSTRUCTION EASEMENT
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 3 of this Agreement and only in compliance with the terms of this Agreement.
10. Damage; Restoration.
10.1 Except as provided in Section 10.2 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.
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
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:
Page 3 - TEMPORARY CONSTRUCTION EASEMENT
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
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.
16. Amendment. This Agreement may be amended only by an instrument in writing
signed by both Grantor and Grantee.
Page 4 - TEMPORARY CONSTRUCTION EASEMENT
GRANTOR GRANTEE
/ ivoit______ City of Tigard, an Oregon municipal
corporation
Jeff unkhouser
A' --------
L....._.-----
------- .
By: ,:, _
Juane nkhouser
Exhibit A
Grantor Property Legal Description
f
RECORDING REQUESTED BY
Fort ay NATIONAL.TITER COMPANY OF OREGON
GRANTOR'S NAME
Jun E.France and Cathy K.France
GRANTEE'S NAME
Jeff Funkhouser and Juanita Funkhouser
SENO TAX STATEMENTS TO:
Mr.and Mrs.Jett Funkhouser
11925 SW Garde St.
Tigard,OP 97224
AFTER RECORDING RETURN TC:
Mr.and Mrs.Jeff Funkhouser
11925 SW Gaarde St.
Tigard,OR 97224
ALA:VE TH',LIN:.OUR RE LUIIJER'S USE
STATUTORY WARRANTY DEED
Jon E.France and Cathy K.France as tenants by the entirety.Grantor,conveys and warrants to
Jeff Funkhouser Rod Juanita Funkhouser,Husband and Wile,Grantee,she lOaow.ng Described real property,free and
clear of encumbrances except as epecificaLy set forth below,situated in the County of Washington,State of Oregon.
Lot 8,COLONIAL VIEW,,n the City of Tigard.Washington County,Oregon.
b�b
Subject to and excepting: 2'7
Covenants,conditions,restrictions and easements of record eel
l7
a
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INOUIRE
ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER CHAPTER 1,OREGON LAWS 2005(BALLOT MEASURE 3711004//.
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION 55
OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE E
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY —3
PLANNING DEPARTMENT TO VERIFY APPROVED USES,TO DETERMINE ANY LIMITS 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 I,OREGON LAWS 7005(BALLOT MEASURE 37
1200411.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS 9401,000.00(See ORS 93.0301
DATED: May 4,2006
Jon E,France
Cathy K.France
STATE OF OREGON
COUNTY OF
This IOslrumenl was acknowledged before me on
by
NOTARY PU&IC FOR OREGON
MY COMI4SSI0N EoPIRES;
FORD-3I3 pray 2x61 STATUTORY WARRANTY PEED _. .._.
In.nJ.d.wpolD 2.051
Exhibit A 50014-36792 FINAL 8_3_17_Funkhouser temporary construction easement\DRF/8/22/2017
Exhibit C
Easement Area Description
AKS Job#5746
AsAKS ENGINEERING O ,LLC
R
12965 SW Herman Road,Suite 100,Tualatin,OR 97062
P:(503)563.6151 F:(503)563-6152
ENGINEERING&FORESTRY 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 northeast corner of Lot 8 of the plat"Colonial View"; thence along the
easterly line of said Lot 8 South 02°53'55"West 7.99 feet to the Point of Beginning;thence
continuing along said line South 02°53'55"West 16.65 feet;thence leaving said line North
52°52'41"West 24.18 feet to the northerly line of said Lot 8;thence along said northerly line
North 63°58'55"East 12.92 feet to a line that is parallel to 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 South
66°55'05"East 9.25 feet to the Point of Beginning.
The above described tract of land contains 212 square feet more or less.
05/11/2017
REGISTERED `
PROFESSIONAL
LAND SURVEYOR
44;1414&-'
OREGON
JANUARY 9, 2007
NICK WHITE
70652LS
RENEWS: 6/30/18
Exhibit C 50014-36792 FINAL 8_3_17_Funkhouser 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, R1W,
W.M., WASHINGTON COUNTY, OREGON
LOT 6
15' STORM'
TRAC, A"
POINT OF COMMENCEMENT
DRAINAGE S66'55'05E 9.25'
EASEMENTS025.3'55"W 7.99'
N63'58'55E 12.92' — )1110110'44
POINT OF BEGINNING
LOT 7 \
"CREEKSIDE PARK'
'COLONIAL VIEW" \ \ \ \ \ BOOK 50, PAGE 1
B004( 18, PAGE 14
\ : LOT 14
N52'52.41W 24.18'
LOT 8 S02'53.55-W 16.65'
AREA = 212 SF±
05/11/2017
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Arr
OFZEG•N
JANUARY 9, 2007
NICK WRTE SCALE: 1"=20 FEET
70652LS MO •
RENEWS: 6 30 18
9 5 '7 16 717
DATE:05/11/2017
WOLF WATER RESOURCES EXHIBIT
PREPARED FOR TEMPORARY CONSTRUCTION EASEMENT D
1001 SE WATER AVE. SUITE 180 AKS ENGINEERING & FORESTRY, LLC H
PORTLAND, OR 97214 '2965 SW HERMAN RD, STE 100
TUALATIN, OR 97062
503.563.6151 F:503.563.6152 oks—ecq.com , 5746
•.0 Nen' I tAt,;JI
Exhibit D 50014-36792 FINAL 8_3_17_Funkhouser temporary construction easement\DRF/8/22/2017