2018-079916 ~ SW Appledale Road ~ SW Roy Rogers Road Ths " ff efor record by � Washington County,Oregon 2018-079916
Fidelity Natltxral TO 2$an wenmoillMn °-AE 11127/2018 11:47:36 AM
only it has not Wen pxary{ned as to its Stn=7 C LOUCKS
execution or as to its effect upon the title. 546.00$1 1.00$5.00$60.00 $121.00
i.R,cnard How,ho:ht,Director of Assoisfnen'.and Taxation and Ex.
After recording,return to: otftcW County Clerk for Wasnington County Oregon,do neretny
certify that the within Instri.nient of wasting was raceived and
recorded in tto book of records of said county.
City of Tigard Richard Hobernicht,Director of
1.1)I, � .34j r}+..1 t i�1�4_ Assessment and-axation Ex•Officio
T, C.4" I-?tl l'3
PUBLIC ACCESS EASEMENT AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS, that Polygon WLH LLC, a Delaware limited liability
company("C
2rantor"),hereby grants to the City of Tigard,an Oregon municipal corporation("Grantee
for the use and benefit of the public,a non-exclusive access easement("Easement")on,over and across
the real property described and depicted on the attached Exhibit A (the "Easement Area"), subject to
the terms and conditions set forth in this Public Access Easement Agreement(this"Agreement').,
1. Scope of Easem2nt. The Easement conveys the right and privilege to the public to have
pedestrian and bicycle ingress and egress access on,over, and across the Easement Area and no other
rights or privileges. No buildings, structures or other impediments to the free passage of pedestrians
and bicycles shall be constructed on the Easement Area. Grantor reserves all other rights and privileges
not conveyed herein, including without limitation,the right to use the Easement Area for all purposes
and to the extent not materially inconsistent with the exercise by the public of the rights granted herein
and all development rights appurtenant to the Easement Area such as the right to use the Easement
Area for building setbacks, lot coverage, density calculations, and stormwater/pervious area. Grantor
may adopt and enforce reasonable rules, regulations and restrictions on the use of the Easement Area
for the health, safety, welfare and enjoyment of all parties, provided the same are consistent with the
public rights granted herein. Additionally, if the real property, which includes the Easement Area, is
developed as a condominium or planned community, then use of the Easement Area by the public
pursuant to the Easement shall be subject to the same use conditions and restrictions imposed by
Grantor on the residents of the condominium or planned community In which the Easement Area is
located, provided that such use conditions and restrictions do not materially Interfere with the public
rights granted herein.
2. Maintenance. Grantor shall be responsible for constructing, maintaining and repairing
all improvements in the Easement Area. Following the initial installation of the improvements,Grantor
shall maintain the improvements in good and serviceable condition for their use for public pedestrian
and bicycle ingress and egress access, If the real property, which includes the Easement Area, is
developed as a condominium or planned community, then responsibility for the maintenance of the
Easement Area may be delegated to the owners association formed for the condominium or planned
community in accordance with the governing documents for the condominium or planned community.
3. Effect and Duration. The Easement shall run with the real property Included within the
Easement Area and shall be binding upon each person or entity holding fee title ownership of such real
property for so long as such person or entity holds such fee title ownership until it is terminated in
accordance with this Section 3, if Grantee determines that the Easement no longer serves a public
E purpose,Grantee may vacate the Easement.
(40844513;2) 1
S
This instrument filed for record by LEX/
Fidelity National Title as an accommodation
only. it has not been examined as to its
execution or as to its effect upon the title.
After recording, return to:
City of Tigard
PUBLIC ACCESS EASEMENT AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS, that Polygon WLH LLC, a Delaware limited liability
company ("Grantor"), hereby grants to the City of Tigard, an Oregon municipal corporation ("Grantee"),
for the use and benefit of the public, a non-exclusive access easement ("Easement") on, over and across
the real property described and depicted on the attached Exhibit A (the "Easement Area"), subject to
the terms and conditions set forth in this Public Access Easement Agreement(this"Agreement").
1. Scope of Easement. The Easement conveys the right and privilege to the public to have
pedestrian and bicycle ingress and egress access on, over, and across the Easement Area and no other
rights or privileges. No buildings, structures or other impediments to the free passage of pedestrians
and bicycles shall be constructed on the Easement Area. Grantor reserves all other rights and privileges
not conveyed herein, including without limitation, the right to use the Easement Area for all purposes
and to the extent not materially inconsistent with the exercise by the public of the rights granted herein
and all development rights appurtenant to the Easement Area such as the right to use the Easement
Area for building setbacks, lot coverage, density calculations, and stormwater/pervious area. Grantor
may adopt and enforce reasonable rules, regulations and restrictions on the use of the Easement Area
for the health, safety, welfare and enjoyment of all parties, provided the same are consistent with the
public rights granted herein. Additionally, if the real property, which includes the Easement Area, is
developed as a condominium or planned community, then use of the Easement Area by the public
pursuant to the Easement shall be subject to the same use conditions and restrictions imposed by
Grantor on the residents of the condominium or planned community in which the Easement Area is
located, provided that such use conditions and restrictions do not materially interfere with the public
rights granted herein.
2. Maintenance. Grantor shall be responsible for constructing, maintaining and repairing
all improvements in the Easement Area. Following the initial installation of the improvements, Grantor
shall maintain the improvements in good and serviceable condition for their use for public pedestrian
and bicycle ingress and egress access. If the real property, which includes the Easement Area, is
developed as a condominium or planned community, then responsibility for the maintenance of the
Easement Area may be delegated to the owners association formed for the condominium or planned
community in accordance with the governing documents for the condominium or planned community.
3. Effect and Duration. The Easement shall run with the real property included within the
Easement Area and shall be binding upon each person or entity holding fee title ownership of such real
property for so long as such person or entity holds such fee title ownership until it is terminated in
accordance with this Section 3. If Grantee determines that the Easement no longer serves a public
purpose,Grantee may vacate the Easement.
{00840513;21 1
4. Consideration. The true and actual consideration paid for the Easement,stated in terms
of dollars, is $0.00, but consists of or includes other property or value given or promised, which is
acknowledged by Grantor to be the whole and adequate consideration for the Easement.
5. Amendment. Except as otherwise provided in Section 3 above, this Agreement may
only be modified or amended by a written instrument executed by the party against whom enforcement
is sought and recorded in the official records of Washington County,Oregon.
6. Recording. This Agreement shall be recorded in the official records of Washington
County,Oregon.
7. Severability. Invalidation of any one of the terms or provisions contained in this
Agreement by judgment or court order shall in no way affect any other terms or provisions of this
Agreement,which shall remain in full force and effect.
8. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Oregon.
9. Counterparts. This Agreement may be executed in multiple counterparts, all of which,
when taken together,shall constitute one and the same instrument.
(Remainder of Page Intentionally Left Blank;
Signature Page Follows)
(00840513;2) 2
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
GRANTOR: POLYGON WLH LLC,
a Delaware limited liability company
By:
J n Baker,p4sion President—Oregon
ivision
STATE OF �' )
r`- �ss.
County of
The foregoing instrument was acknowledged before me on / 1 d� l3, 2018 by
Jason Baker as Division President — Oregon Division of Polygon WLH LLC, a Delaware limited liability
company,on behalf of the limited liability company.
Notary Public for
O=OCTOBER
My Commission Expires: dJ CL
OTONPE
NOTAPUBLICGON
COMM7440
w COMMISSIOER 05,2021
{00840513;2} 3
GRANTEE: CITY OF TIGARD,
an Oregon municipal corporation
By:
Name: L, LAJi'A,e,
Title: C �latn a cT'
STATE OF OREGON )
)ss.
County of Washington )
The foregoing instrument was acknowledged before me on 1V6V9M '--tom 2018 by
' ► V,urt f lCL 1, I.0 L nem as O of the City of Tigard, an Oregon
municipal corporation, on behalf of the Citi J
OFFICIAL STAMP
KELLY E BURGOYNE Not ry Public for tate of Oregon/ f /
NOTARY PUBLIC - OREGON
COMMISSION NO. 958991 My Commission xpires:
MY COMMISSION EXPIRES FEBRUARY 12,2021
APPROVED AS TO FORM:
By:
Name: SN\-e.i b 'P\.4,e J _
Title: C�k Yru-
{00840513;2} 4
ui�Ilwrrll
Pacific
Deshyn
EXHIBIT A
October 17, 2018
LEGAL DESCRIPTION Job No. 395-070
Public Pedestrian and Bicycle Access Easement
An easement within Tracts B and V, plat of "River Terrace East", and Resultant Parcel 1 as
described in Document No. 2018-066133, Washington County Deed Records, in the Southeast
Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County, State of Oregon, more particularly described as follows:
COMMENCING at the Southeast corner of said Tract B;
thence along the easterly line of said Tract B, North 00°01' 17" East, a distance of 51.10
feet to the POINT OF BEGINNING;
thence continuing along said easterly line, North 00°01' 17" East, a distance of 10.00 feet;
thence leaving said easterly line, North 89'58' 43" West, a distance of 68.51 feet;
thence along a 19.50 foot radius tangential curve to the right, arc length of 19.56 feet,
central angle of 57'27' 50", chord distance of 18.75 feet, and chord bearing of North 61 °14'
49" West;
thence North 32'30' 54" West, a distance of 28.53 feet;
thence South 47'45' 00" West, a distance of 45.15 feet;
thence along a 10.00 foot radius non-tangential curve, concave southwesterly, with a radius
point bearing South 20°25' 36" West, arc length of 8.81 feet, central angle of 50°28' 05",
chord distance of 8.53 feet, and chord bearing of South 44°20' 22" East;
thence South 19'06' 21" East, a distance of 3.33 feet;
thence along a 10.00 foot radius tangential curve to the right, arc length of 3.35 feet,
central angle of 19'10' 12", chord distance of 3.33 feet, and chord bearing of South 09°31'
15" East;
thence South 00'03' 52" West, a distance of 70.32 feet;
thence North 89'56' 08" West, a distance of 37.20 feet;
thence South 00'03' 52" West, a distance of 7.15 feet;
thence North 89°56' 08" West, a distance of 252.01 feet;
Page 1 of 5
12564 SW Main Street,Tigard, OR 97223 ♦ (T) 503-941-9484 [F] 503-941-9485
thence North 00'03' 52" East, a distance of 13.00 feet;
thence North 89°56' 08" West, a distance of 13.50 feet;
thence North 00'03' 52" East, a distance of 15.56 feet;
thence North 87'06' 04" West, a distance of 34.11 feet to a point on the easterly Right-of-
Way tine of SW Roy Rogers Road (County Road No. 3150);
thence along said easterly Right-of-Way line, South 00'52' 55" West, a distance of 36.90
feet to a point of tangency;
thence continuing along said easterly Right-of-Way line, along a 1086.62 foot radius
tangential curve to the left, arc length of 54.36 feet, central angle of 02'51' 59", chord
distance of 54.35 feet, and chord bearing of South 00'33' 04' East;
thence leaving said easterly Right-of-Way tine, South 89'56' 08" East, a distance of 39.82
feet;
thence North 00*03' 52" East, a distance of 17.00 feet;
thence South 89'56' 08" East, a distance of 14.00 feet;
thence North 00'03' 52" East, a distance of 34.00 feet;
thence South 89'56' 08" East, a distance of 255.70 feet;
thence North 00'03' 52" East, a distance of 7.15 feet;
thence South 89*56' 08" East, a distance of 37.20 feet;
thence North 00*03' 52" East, a distance of 80.32 feet;
thence along a 20.00 foot radius tangential curve to the left, arc length of 6.69 feet, central
angle of 19'10' 12", chord distance of 6.66 feet, and chord bearing of North 09'31' 15"West;
thence North 19*06' 21" West, a distance of 3.33 feet;
thence along a 20.00 foot radius tangential curve to the left, arc length of 2.60 feet, central
angle of 07'2T 02", chord distance of 2.60 feet, and chord bearing of North 22'49'51"West;
thence North 47'45' 00" East, a distance of 22.92 feet;
thence South 32*30' 54" East, a distance of 16.67 feet;
Page 2 of 5
Pacific Community Design, Inc.
12564 SW Main Street,Tigard,OR 97223 ♦ IT] 503-941-9484 [F] 503-941-9485
thence along a 29.50 foot radius tangential curve to the left, arc length of 29.59 feet,
central angle of 57*27' 50", chord distance of 28.36 feet, and chord bearing of South 61 14'
49" East;
thence South 89°58'43" East, a distance of 68.51 feet to the POINT OF BEGINNING.
Containing 9,595 square feet, more or Less.
Basis of bearings being per plat of "River Terrace East", Washington County Plat Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 9, 2002
TRAVIS C. JANSEN
57751
RENEWS: 6/30/2019
Page 3 of 5
Pacific Community Design,Inc.
12564 SW Main Street,Tigard,OR 97223 ♦ IT] 503-941-9484 [F] 503-941-9485
uj
(D
DOCUMENT NO. TRACT V
2010-011206
1 29' 29'
L24 TRACT B
C2 L3=1-
C9
45�00' L6
E L27
o C3 C7 7j POB
L13 26
4 L14 L12
0
Lll L9 L
—05 POC
IS
L10 j I
L22 TRACT U
0 45.27' 0)1 L20 L21
0
C4
8
L1
L16 L17 RIVER
0 TERRACE-
ul) EAST
C: o
? z RESULTANT
2 m 0 PARCEL 1
do DOCUMENT NO.
2018-066133
0 7
tn
EXHIBIT A
PUBLIC PEDESTRIAN AND BICYCLE ACCESS EASEMENT
DRAWN BY: FAA DATE: 10/17/18
REVIEWED BY: TCJ DATE: 10/17Z18 1 12564 SW Main St
PROJECT NO.: 395-070 Pacific Tigard, OR 97223
Commanity [T] 503-941-9484
SCALE- 1"=80' [F] 503-941-9485
Desiall
PAGE 4 OF 5
t
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BEARING
Ct 19.50' 19.56' 57'27'50" 18.75' N61*14'49"W
C2 10.00' 8.81' 50`28'05" 8.53' S44'20'22"E
C3 10.00' 3.35' 19'10'12" 3.33' S09'31'15"E
C4 1086.62' 54.36' 2'51'59" 54.35' SOO'33'04"E
C5 20.00' 6.69' 19'10'12" 6.66` N09'31'15"W
C6 20.00' 2.60' 7'27'02" 2.60' N22'49'51"W
C7 29.50' 29.59' 57.27'50" 28.36' S61"14'49"E
LINE TABLE LINE TABLE
m
LINE BEARING LENGTH LINE BEARING LENGTH
Lt N00'01'17"E 51.10' L15 S00'52'55"W 36.90'
a
CJ
L2 NOOro1'17"E 10.00' L16 589'56'08"E 39.82'
`D L3 N89'58'43"W 68.51' L17 NOO'03'52"E 17.00'
L4 N32'30'54"W 28.53' L18 S89'56'08"E 14.00'
L5 S47'45'00"W 45.15' L19 NOO'03'52"E 34.00'
z L6 S19'06'21"E 3.33' L20 S89`56'08"E 255.70'
L7 SOO'03'52"W 70.32' L21 N00'03'52"E 7.15'
a
L8 N89.56'08"W 37.20' L22 589.56'08"E 37.20'
L9 SOO'03'52"W 7.15' L23 NOO'03'52"E 80.32'
a
L10 N89'56'08"W 252.01' L24 N19'06'21"W 3.33'
Lt 1 NOO'03'52"E 13.00' L25 N47'45'00"E 22.92'
y L12 N89'56'08"W 13.50' L26 S32'30'54"E 16.67'
L13 N00-03.52"E 15.56' L27 S89'58'43"E 68.51'
L14 N87.06'04"W 34.11'
fJ
EXHIBIT A
N LINE AND CURVE TABLES
DRAWN BY: FAA DATE: 10/17/18
wllllll��l�
REVIEWED BY: TCJ DATE: 10117/18 12564 SW Main St
PROJECT NO.: 395-070 Tigard, OR 47223
[T] 503-441-9484
SCALE: N/A [F] 503-941-9485
z
PAGE 5 OF 5 Design
Fidelity National Title'
P 0 R IT °41 D
DEVELOPMENT SERVICES GROUP
LETTER OF TRANSMITTAL
November 28,2018
Mr. Gary Pagenstacher
City of Tigard
Community Development Department
13125 SW Hall Blvd
Tigard, OR 97223
RE: Original document
Please rind enclosed:
Gary,
Becky Tom (Radler,White) asked me to return the River Terrace East original document to
your attention.
Please find it enclosed.
Thank you,
Toni
Transmitted from: Toni Stanhope Lowe
AVP Development Services
Fidelity National Title Company of Oregon
900 SW 5th Avenue,Mezzanine Level
Portland,OR 97204
Office: 503.796.6626 Mobile: 503.317-8580