2018-079916 ~ SW Roy RogersThhtn[Hrmt to, rccod by uv
FldslltvNatonalTithas accoflmoda0on
onty, it nas not boen iraminod as to lts
srccution or as to lts 6'lt!cl upon tlB lit€.
After recordinB, return tol
C ty of Ti8ard
washinstoncolnty,ores* 2018-079916
O.AE
i,n=l c ro,.rc^s 11127120'18 'll:47:36AM
$45 oo sr 1.oo s5.oo 960.00 $121.00
RL.hard Boberni.hr, Dlre.tor.lA..ee.fr.nt and Taration and Et.
offrcio counry crerk rorwashrnglon coqnty oEgon,dohe.eby
conify rh.rrh. wirhrn insrrunenr orMri.gw.! r.@N.d3nd
r.Eord.d in u. book ol r.co.!13 ol .a d .oanry.
Richard Hobernicht. 0ireclor ot
Assessmenl and -axation Ex-Offcio
PUBLIC ACCESS EASEMENT AGREEMENT
KNOW ALL PERSONS 8Y THESE PRESENTS, that Polygon WLH LLC, a Delaware limited liability
company ("El!49!"), hereby grants to the City of Tigard, an Oregon municipal corporation ("9M!99'),
for the use and benefit of the public, a non-exclusive access easement ("Eg!gES!!") 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 Publlc Access Easement Agreement (this "AEfSgEg!!").
1. SfgpC-91!gserne!!. The Easement conveys the right and privilege to the public to have
pedestrian and bicycle ingress and eSress access on, over, and across the Easement Area and no other
rights or privi eges. No buildings, structures or other impediments to the free passage of pedestrians
and brcycles shall be constructed on the Easement Area. Grantor reserves all other rights and privileges
not conveyed herein, including without limltation, the riEht to use the Easement Area for all purposes
and to the extent not materially inconsistent with the exerclse by the publlc of the rithts Branted herein
and all deve oprnent nghts appurtenant to the Easement Area such as the right to use the Easement
Area lor building setbacks, lot coverage, density calculations, and stormwater/pervious area, Grantor
may adopi and enforce reasonable rules, regulations and restrictions on the use of the Easement Area
for the health, safety, welfare and enjoyment of all panies, provided the same are consistent wlth 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 sha I be subJect to the same use condltlons and restrictlons imposed by
Grantor on the residents of the condominium or planned comrnunlty ln 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. 6rantor shall be responsible for construding, maintaining and repairing
a I improvements in the Easement Area. Fo lowing the initlal installation of the improvements, Grantor
shall maintain the improvements in good and serviceable conditlon for their use for public pedestrian
and bicycle ingress and egress access. lf the real property, which includes the Easement Area, is
developed as a condomanium 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
comm!nity in accordance with the governing documents for the condominium or planned community,
3. Eflect and 0uration. The Easement shall run with the real propeny 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 term nated in
accordance with this Section 3, lI Grantee determines that the Easement no longer serves a public
purpose, Grantee mav vacate the Easement.
lIlf i v.j ft.(( Al.,{
{00840513r2)
4. Consideration. The true and actual consideration paid for the Easement, stated in terms
of dollars, is 50.00, 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. Recordinq. This Agreement shall be recorded in the official records of Washington
County, Oregon.
7. Severabilitv. lnvalidation of any one of the terms or provisions contained in this
Agreement by judgment or court order shall in no way affect any oth€r terms or provisions of this
Agreement, which shall remain in full force and effect.
8. Governinq Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Oregon.
9. Counteroarts. This Agreement may be executed in multiple counterparts, all of which,
when taken together, shall constitute one and the same instrument.
lRemoinder ol Page lntentionolly LeIt Blonk;
Signdture Paqe Follows)
{00840513j2)2
lN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
written above.
GRANTOR:
STATE OF O
POLYGON WLH LLC,
a Delaware limited liability company
The foregoing instrument was acknowledged before me on iy'|,/er4 Ez* 13 . zofi av
lsion President - Oregon
, Y. I ss.
countvot C,(ltrQlfu,tco(i
Jason Baker as Division President - Oregon Division of Polygon WLH LLC, a Delaware limited liability
company, on behalf of the limited liability company.
{00840513j2)
NOTAFY PUBLIC.OREGON
-=a' t
N otary Public for
G RANTE E;
STATE OF OREGON
County of Washington
CITY OF TIGARD,
an oregon municipal corporation
Name: Mar*n-a L, Nl,
Title: C ,iy tAa.taor
sr,q/uaD-f^:L.
)
)ss.
)
The foregoing instrument
lYYtv'thcL l , L-t-t r-ne -, as
was-acknowledged before me on Nilamlpf 2O , zote oy
of the City of Tigard, an Oregon
municipal corporation, on behalf of the citv.
OFFICIAL STAMP
(ELLY E BURGOY E
NOTARY PUBLIC . OREGON
coMMrssloN No. 958991
APPROVED AS TO FORM:
,, *1.-4-
Name:
Title:
Publac for
{00840513j2)
EXHIBlT A
October 17, ZA18
LEGAL DESCRIPTION
Pubtic Pedestrian and Bicycte Access Easement
Job No. 395-070
An easement within Tracts B and V, ptat of "River Terrace East", and Resuttant 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, Wittamette Meridian, City of Tigard,
Washington County, State of Oregon, more particutarty described as fottows:
COMMENCING at the Southeast corner of said Tract B;
thence atong the easterty tine of said Tract B, North 00"01'17" East, a distance of 51.10
feet to the POINT OF BEGINNING;
thence continuing atong said easterty [ine, North 00'01' 17" East, a distance of 10.00 feet;
thence teaving said easterty [ine, North 89'58'43" West, a distance of 68.51 feet;
thence atong a 19.50 foot radius tangentiat curye to the right, arc tength of 19.56 feet,
centrat angte of 57"77'50, 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 atong a 10.00 foot radius non-tangentiat curve, concave southwesterty, with a radius
point bearing South 2A"25' 36" West, arc tength of 8.81 feet, central angle of 50'28' 05",
chord distance of 8.53 feet, and chord bearing of South 44"2A'22" East;
thence South 19'06'21" East, a distance of 3.33 feeU
thence atong a 10.00 foot radius tangential curye to the right, arc tength of 3.35 feet,
central angte of 19" 10' 12", chord distance of 3.33 feet, and chord bearing of South 09'31'
1 5" East;
thence South 00'03' 52" West,
thence North 89"56'08" West,
thence South 00"03' 52" West,
thence North 89'56'08" West,
Poge I of 5
12564 Sw Moin Street. Tigord, OR97223 o [I] 503-9al-9484 [F] 503-941-9485
a distance of 70.32 feet;
a distance of 37.20 feet;
a distance of 7.15 feet;
a distance of 252.01 feet;
-r*--a--
CommunityDesign -
'
thence North 00'03'52" East, a djstance 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 line of SW Roy Rogers Road (County Road No. 3150);
thence atong said easterty Right-of-Way [ine, South 00"52' 55" West, a distance of 36.90
feet to a point of tangency;
thence continuing atong said easterty Right-of-Way [ine, atong a 1086.62 foot radius
tangential curve to the [eft, arc tength 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 easterty Right-of-Way line, 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 feeq
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 feeq
thence North 00"03'52" East, a distance of 80.32 feet;
thence atong a 20.00 foot radius tangential curve to the teft, arc [ength of 6.69 feet, central
angte of 19'10' 1?-, 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 2O.OO foot radius tangential curve to the left, arc tength of 2'60 feet, centrat
angte of 07"27 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;
Pocific Community Design, lnc.
12564 Sw Moin Sheet, Tigord, OR 97223 . fl 503-941-9484 iFl 503-941-9485
Poge 2 of 5
thence atong a 29.50 foot radius tangential curve to the teft, arc tength of 29.59 feet,
central angte 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 ptat of "River Terrace East", Washington County Plat Records,
Pocific CommunitY Design, lnc.
12564 Sw Moin Slreel, Tigord, OR 97223 r [T] 503-9al -9484 [Fl 503-941-?485
LAND SURVEYOR
OREGON
JULY 9, 2OO2
TRAVIS C. JANSEN
577sl
Poge 3 of 5
REtIEWS: 5l3Ol2O19
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DOCUMENT NO.
2010-01r206
EXHIBIT A
PUBLIC PEDESTRIAN AND BICYCLE ACCESS EASEMENT
*_\ii?
RESULTANT
PARCEL 1
DOCUMENI NO.
2018-066133
12564 SW Moin St
Iigord, OR97223
lrls03-94r,9484
lFI503-941-948s
DRAWN BY: FAA D ArE. 10/17/18
REVIIWED BY' TCJ D ArE. 10/11 /18
PROJECT NO.: 3e5-070
PAGE 4 OT 5
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CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BEARING
c1 19.50',1 9.56'57'27'50"18.75',N61'14'49"W
c2 10.00'8.81'50'28'05'8.53's44'20'22"8
na 10.00'3.35'19'10'12"3.33'sog'31'15"E
c4 1086.62'54.J6'2'51'59"54.35's00'55'04"E
c5 20.00'6.69'19'10'1 2"6.66'N09'51'15"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's6114'49"E
LINE TABLE
LINE BEARING LENGTH
L1 N00'01'r 7"E 51.10'
L2 N00'01'17"E 10.00'
LJ N89'58'43"W 68.51'
L4 N32'30'54"!V 28.5J'
L5 s47'45'00"W 45.15'
L6 sl9'06'21"E J.J5,
L7 so0'03'52"w 70.32'
L8 N89'56'OE"W 37.20'
L9 s00'0J'52"w 7.15'
110 N89'56'08"W 252.O1'
111 N00'03'52'E 1 5.00'
Ll2 N89'56'08"W 13.50'
115 NO0'03'52"E 15.56'
114 N87'06'04"W 54.11
LINE TABLE
LINE BEARING LENGTH
115 s00'52'55"W 36.90'
Lt6 s89'56'08"E 39.82'
L17 N00'0J'52"E 17.00'
Ll8 s89'56'08"E 14.00'
Lr9 N00'05'52"E 34.00'
L20 s89'56'08"E 255.70'
121 N00'05'52"E 7.15'
L22 s89'56'08"E 37.20'
125 N00'03'52"E 80.J2'
t24 N19'06'21"W J.33'
125 N47'45'00"E 22.92'
L26 s52'J0'54"E 16.67'
L27 s89'58'45"E 68.51'
EXHIBIT A
LINE AND CURVE TABLES
DRAWN BY: FAA DATE: 10/17 /18
REVTEWED BY' TcJ DATE: 10/17/18
PROJECT NO.: 5e5-o70
PAGE 5 OF 5
12554 SW Moin St
Tigord, OR97223
lTl s03-e4r-e484
lFl s03-94r -e48s
#
Community
Desigrr