2003-073769
City Council Document Transmittal
Cus CITY OF TIGARD
To: 11u en aZ s OREGON
From: ao a
Date.:
I'm sending you:
Document Type: ❑ IGA ❑ Contract
AOther ~
Document Name: 11-4 ,pines k 40-P~~
Approved at the Council Meeting of: 9,13-,D
Number Copies Included: ~'i IY1G~,Q
❑ Your document(s) have been signed by the Mayor
a.-four document(s) have been signed by the City Manager
L-rour document(s) requires. an additional signature(s)
"hen all signatures have been obtained, file an original document with
City of Tigard Records
❑ Additional instructions:
I:\ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC
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AMENDMENT TO LICENSE AGREEMENT
THIS AMENDMENT Amendment's is made and effective the I?J day of **rA,
2005, by and between THE CITY OF TIGARD, an Oregon municipal corporation .
("City") and FRED W. FIELDS ("Fields") with regard to that certain License Agreement
between the parties having an effective date of NO YEmBER I q ~Z(the
"Agreement").
The Agreement is amended in the following particulars:
1. A new Section 2.3 is added as follows:
"2.3 'Effect of Weather and Other Conditions on Use of License Area. The City
and Fields agree that the rights of Fields granted by the Agreement shall be exercised
only at mutually agreeable times during periods of dry weather in order to minimize the .
impacts of such entry on the City Property. In general, the parties acknowledge and
agree that such rights will ordinarily only be exercised during the months of July, August
and September of each calendar year during the term of the license granted herein, but the
parties also acknowledge that other times of the year may be appropriate for the exercise
of said rights depending upon then-existing conditions."
2. Section 3 is amended to provide that, despite the passage of two (2) years from
the effective date of the Agreement, the license to use the License Area granted to Fields
continues, and shall continue, in full force and effect until such time as the Easement
described in Section 3 of the Agreement is granted by the City to Fields, or Fields obtains
alternate access to the property.
3. Exhibit "C" to the Agreement is hereby amended and superceded by Exhibit "C"
to this Amendment which the parties agree correctly describes the License Area.
Subject to the foregoing amendments, the Agreement is ratified and affirmed by the
parties and is incorporated in this Amendment as though set forth in full. In the event of
any contradiction in the. provisions of this Amendment and the Agreement, the provisions
hereof will prevail. All capitalized, terms not defined herein shall have the same meaning
provided for in the Agreement.
IN WITNESS WHEREOF, this Agreement has been signed by the parties effective the
date first above written.
THE CITY OF TIGARD,
an Oregon municipal corporation
By:
Crai sser, laferimCity Manager Fred W. Fields
~,mre.~waen~rwa w~ro v weemwmmw on= so Mum whb M Mm "w
EXHIBIT C
AMENDMENT TO LICENSE AGREEMENT
Legal Description of Access Easement
A tract of land situated in the Southeast one-quarter of Section 2 and the Southwest
Quarter of Section 1,Township 2 South, Range 1 West, Willamette Meridian, City of
Tigard, Washington County, Oregon, described as follows:
Beginning at the 5/8" iron rod and 1 1/4" aluminum cap in a monument box set at the
intersection of SW Hall Blvd. and SW Omara St as shown on Survey No. 29031 as
recorded in the Washington County Survey Records; thence N 01 ° 43' 11" E, along the
centerline of SW Hall Blvd., a distance of 525.04; thence S 66° 14' 44" E, leaving said
centerline, a distance of 53.94 feet to the easterly right-of-way 'of SW Hall Blvd. and the
True Point of Beginning; thence S 66° 14' 44" E a distance of 301.29 feet; thence S.
56° 44' 12" E a distance of 159.89 feet to the easterly line of the City of Tigard; thence
N 08° 27' 36" E, along said easterly line, a distance of 33.05 feet; thence N 56° 44' 12"
W a distance of 148.52 feet;. thence N 66° 14' 44" W a distance of 315.93 feet to the
easterly right-of-way of SW Hall Blvd 50.00 feet from centerline; thence S 01° 43' 11
W, along said right-of-way, a distance of 32.36 feet to the true point of beginning.
L'arigIgusUlbrM pro)eMlxary pmp" purchase agmemenNi0ense ag ezl legal de=ipOon (010e05).Eoc
Page 1 of 2
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----------------04Z!4°*14:1. 69]
FROM :LIEN $ COOPER PC FAY 1,0. :503-E92 3192 13 2062 85:30pM P2
11/13(2882 Ib:25 5833868298 RAMIS CREW pou= 82
UG NSE AGAZENI '
This Vjcma Agreement ("Agreement") ix merle AM eOw&c the , A yy um*w,
.200G, by and bdwwn THE al y OF UGAPA, 0 Orcpn =mAl corpoxamion
("+CItY`~ and FRED W. Fl>3i.D5 (T10161-
Reeitahr
A. city is tb*e amw of cslttim nal propdty in the City of 7U&4 Waahittg =
couigy Oregon deacxibed in Sahii>n3 A. a tacked (the "Ci0 Pr0P -
B. Fields is the oaa as of othm real pa+ cdv in the cay► of Tigescl, WmNngm
t✓ottiftp, 4»gon and deecr~bed itt wit S atteahed (thus "Fields Propea ty"). flue Fields
Pmpmty is lo%W to tke east of =6 adjao tC to the Gitp Ptopeny;
C. Fields desit~es s lea to cross the PmoPe~ for P> of r~aainksizur~g
Malds Proir",14 if UNUEp, an MOMS* far ingress, i and UtWOR so seMft
p m mdd dryckj mean of fate Pi prcparty. The City ia.wimps to Nant irmlda =ch a
B mm By this Amt, the pudw intend to ad thsdh the tems of avid licenw4ud
pcsalble rnsen►aa~t
NdW TABA»OR'~ far wd wd vsh &W mddagiM the zu~ipt amd ~dwy of
whkh ere acknowledpd, the City tmd Fiaid9 agree as Wawa:
kWeenintt
1. Lim to Cmil City Z= MdA, and his agents, employees, rep vas
and cmmuctm% =y cross the {qty Propnty enctly► at the login descrt'bcd In Exb1it C
wAded hereto (the uU .Ar='% gad ouly for the purpose of m&i ag the Fief s
Property. The dSW grawwd to A46 are Wb)ecttv*0 teams stud oazdtiona set foxsh'in
oust A,gr~eneJrt.
2. Q? aitto B 'oaotT mB gkm: The foliawiu are
candi boa precedent to the rW ofPie & to =as the !City' Property:
2.1 Fields shall obtain insstrance £ar Vmpeoy damage and NA ity
in a ftv; v ft limits, arad phoed with =a 07 maro imuxera, acceptable t'o the City and
tta bs tho City as ant sddk imd in%=& Sudi pWky(jes) of inettsatuce shall pzo*de,
along with odhex tetras sooeptable to to City, that no t iw of or ebmp lt1 mch
policYCoe) may he efad widuout oat lase trtt thirtp (9 Q)"deys' prior written notice to
the City. Fields WM pzav08 tQ t1* C& OCACW Or CGr ECOW k evidence of such
insurance pdor to any amt+ ue of the tiigltta gtairtad hemi:n, oAd "kwp adch policy or
pWk ies of i3seafnanae is ball f xft end gCot tltrvogbam the tomm of this Agrmn6ut and
say ins orreuml hmwE
STD BEATRUEAND
CORRECT COPY OF THEORI(3ML
FqR87 AMERICAN TITLE INSURANCE
86'OMP Y P now D pa nwrd
I►
Mal :LISN 3 CODPER PC FAX-14EL :'503-£92 3192 Nov. 13 28M 05:31PM P3
11/13/2082 16:16 SM30602SO RAMIS Caw PA= ea
Nabttce R+,+ry rims Finds wilt ant eVber MM the
Cht. pmpe~ty.erroo~stW=nut Imf=ttn(lO)days prlot wxittntsfvecbel notice gtvozs to
the atyFng'meen
3. Temf Tlirs
Ageemst WfI1; D0inar =W =119 eBbcdvs date bffeA sAd will condiub In opezation
urrti! consttuctibn of'the exoaof`Wa1! Stro~ee $oab Sou.1e~►erd to the F'talda
_ Proparty (to Wwall suta ademam,° During the tum Qf hig Agreemad, The My
aglow to t*A eattan y to dams to a xwsay (70) foot wide rw Of WRY £ar the
Ws11 Stt+ dEx%Wj . If the ttts11 StreetBdoulon bu not be= emowme ted by the
sowed (2w j atitd MMO Oft o elf C&G date•ofWu Agreement, the licem to use the
Lcen. Anu domed 3a Oxfubit C *M tern %At~. M*wfthst =ft tba hmgoiaa if the
Wall fte+at E%Ngd t Iw not bean acted =or bAre the Aeccmd (2°d) aamifarasry
ofthe effmaius date ofWa AWsuna , tho C* w111 gmt tat Fulda, Prbrto tiOn O
the iii, as sawmat heart to pa;cvib ibr fiaoess, amps and i-ifts' of
td~es sct`riciag theFialde T~soperty. 8eid easen~w~ he oo~mpaised o£th scrttbeaiy -
fifty 3{~ t of t>ro G7tfy {the s8as At+ea"~. Tbo Essseraent Ares, when
added to as add and UAMIYt 9) riot wide d* of gnpwts owed by Fields,
will provI6 a aev 4y {O) fm yids aaccu and vtll4 wsy to gem the Mel& PropenY,
sa'sd WMMAVM rMabl eilbctiva uaia the Wall Stmt A moos is complete Wdf rst
opened ibr public use.
3.i Vow ma Wan ofd= Agtetnw d by the
Pte, Fields ad the Cky WM Andy eq" !be aatvices ofw: & Armes to
. appralsa #be ~h' ayartpet vaitse trf tl~ Bseeexesst Ares as~d ~ poatlom. asftibe tvra►~ty ('tO)
foat,%Jh strip ofpxopeaty owm A by Fisalds emd descatbed above that lies wiffina &0 area
delft MW ford= WjLU fteet on. ns fee ibor.Wd apprahW wit) be paid by
Fggid L In caatsade adw fr the groat of the aeaetaemt desw"wd In Sad= 3 sbam
frolds min pate to the Chy the $l$otunue besi~sthue gpld at value ame Esseaamt
Area m dthe sppraiaa d valve offlte portion ofdw fwm y (20) foatwide strip owned by
Mstds than Has wltbiat the de19 a for the WWI Street Eucmdon. Attached as Exlnbit
D is a=p $wm9ly dt=nVngthe arcs afthe deiiasesdou ofthe Wall Stn*BxWw i0%%
the twoW (?A) ibxt v&% ships fprupeaty owned by F144 and the Eu mwat Ares.
4. , PWds indeamifi= and holds bamam the pity from OW and uU
anima, harm or I= atlgns fh= or rd.atred to Fields` 9=7 onto or use of the Cady
propacty. 'I'bis duty to b dw=ify the City bichades the duty to ddand the OM at Fields'
cost, front Bad agaiaat am Awk claims, harm o rloss by camel remoasblyucepUlb to
tho•Caty.
5. AUMM, Ries. If any acdaA including Wgion PM M to bankuptay laws, is
Wdated to ftckc xd br eater the t of this ASmnx tat, the ptvnft party In such
4c em abet! be or i 14 in addfma to all od wrrlle4that my be gas I4 to an award of .
atmrsto fixarmtd was of action attrw mod an agped and reviser.
FRbM MEN 2 C OPEP PC FAQ: M :503-E?2 3140 Raw. 23 2022 0=5:31PM P-
.il/13fsee2 16: iii ra039069ss0 RAMIS CREW PAGE 84
6. Enthy `
ThZS Agreemmrt cQntaius the
an*mmdersitazuJmg and aoreeeam of ft "M with regard to the Fibim matmcr
hereof Q enp dud alt prioiC, cdpte osaaun aid.. subsequent ,
ragreue arlofls, s demem; moons and d as ofthp ga:ties Ths Agmcm eztt
It b#sft oathe heirs, atsae emfg =4 u dam of dw pardes hereto, and may n= be
amaded or moOed wept by v ttm lady= ant slgaed by tha partial.
IN.VV)'T MS WBMt"lp, tWA Agreemc t has been ftud by the pttrtfes 09, Mdve the
d8te ft above V& m
. L~'Y DP TlGARD, '
ginomom M"Wiltit A MaAa~C4 iu6iage~ Fred W. Fiefs
Washington County, Oregon
2003-073769 1
of `00310:59:28 AM
D. enta1 8tna11 C WHITE
$15.00 Se.00 $11.00 - Total a $32.00
I
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT,
13125 SW Hall Blvd. 00328753200300737690030037
I, Jerry Hanson, Director of Assessment and Taxation
Tigard, OR 97223 and Ex-Olnclo County Clerk foryyashington County,
Oregon, do hereby certify that the withln Instrument of
writing was received and recorded In the book of e . I
CORPORATION records of Bald county.gp
r~Q Jerry R. Hanson, Dlroctor sssssment and Taxatlon,
File No. l Jc -t/~f Ex-OM cio County Clerk
EASEMENT
PERMANENT PUBLIC UTILITY
Fanno Pointe L.L.C. a Washington Limited Liability Company hereinafter called the Grantor, grant and
convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating,
maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to
remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in
Exhibit "A", situated in the City of Tigard, Washington County, State of Oregon.
THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists
of or includes other property or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except
those expressly stated in this easement, nor otherwise prevent Grantor from the full use and dominion
thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of
the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns
should cause said easement to be vacated, the right of the Grantee in the above-described easement will
be forfeited and shall immediately revert to the Grantor, their successors, and assigns in the case of such
event.
TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors,
and assigns forever.
IN WITNESS WHEREOF, I hereunto set my hand on this -7 7` day of , 200-3.
Grantor:
FANNO POINTE L.L.C.
109 E 13th Street
Vancouver, WA 98660
FANNO POINTE, L.L.C., a Washington Limited Liability Company
By: PNW CAPITAL, A WASHINGTON L.L.C., a Washington Limited Liability Company
By: T INO C., a W hington Corporation, it's Manager
avid Gutschmidt, fSI-6r? ,(C e ®qeS146.Xj tFinO c
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON /
County ofd{ (1~~,~1
This was acknowledged before me on /Z / , 200-3
by: David Gutschmidt,4b G~d~ 1rPn V PZ, jf
and the foregoing was signed on behalf of said entity; and he acknowledged said instrument to be his
voluntary act a deed.
® OFFICIAL SEAL
JAMES F CHRISTIWAS
[1!]NOTARY
Notary Public for Oregon PUBLIC-OREGON
My commission expires: OMMISSION N0.327005
SION EXPIRES NOV 28, 2003
Accepted on behalf of the City of Tigard this 2. of AeiFi 200.3
Q P•
City Engineer
NO CHANGE IN TAX STATEMENT
N:\proj\328-011 \WorffannoEasement.doc
X003-73769
ALPHA ENGINEERING, INC.
EXHIBIT "A"
APRIL 1, 2003
LEGAL DESCRIPTION JOB NO 328-011
FOR AN 8.00 FOOT WIDE PUBLIC UTILITY EASEMENT
A TRACT OF LAND LOCATED IN A PORTION OF LOT 2, "EDGEWOOD", WASHINGTON COUNTY PLAT
RECORDS, BEING IN THE SOUTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1
WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, "EDGEWOOD", WASHINGTON COUNTY
PLAT RECORDS; THENCE ALONG THE SOUTHLINE OF SAID LOT, ALSO BEING THE SOUTH LINE OF
THE LAND DESCRIBED IN DEED DOCUMENT NO. 2003-037721, NORTH 87°40'08" WEST, 803.90 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 87°40'08" WEST,
8.00 FEET; THENCE LEAVING SAID LINE ALONG A LINE PARALLEL WITH AND 50.00 EAST OF THE
CENTERLINE OF SOUTHWEST HALL BLVD. AT RIGHT ANGLE MEASURE, NORTH 00°29'37" EAST,
118.65 FEET TO AN ANGLE POINT; THENCE NORTH 00°19'29" EAST, 156.55 FEET; THENCE LEAVING
SAID PARALLEL LINE, 16.06 FEET ALONG A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 92°01'05", THE CHORD OF WHICH BEARS NORTH
46°20'01" EAST, 14.39 FEET; THENCE SOUTH 87°39'27" EAST, 236.59 FEET; THENCE 190.64 FEET
ALONG A TANGENT, 510.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, HAVING A CENTRAL
ANGLE OF 21°25'03", THE CHORD OF WHICH BEARS NORTH 81°38'01" EAST, 189.53 FEET, TO A
POINT ON THE NORTH LINE OF THE LAND DESCRIBED IN DEED DOCUMENT 2003-037721; THENCE
ALONG SAID LINE SOUTH 87°39'27" EAST, 20.91 FEET; THENCE LEAVING SAID LINE, 213.10 FEET
ALONG A NON-TANGENT, 518.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, THE RADIUS
POINT OF WHICH BEARS NORTH 02020'33" EAST, HAVING A CENTRAL ANGLE OF 23-34'15", THE
CHORD OF WHICH BEARS SOUTH 80°33'25" WEST, 211.60 FEET; THENCE NORTH 87°39'27" WEST,
236.59 FEET; THENCE 3.21 FEET ALONG A TANGENT, 2.00 FOOT RADIUS CURVE, CONCAVE TO THE
SOUTHEAST, HAVING A CENTRAL ANGLE OF 92°01'05", THE CHORD OF WHICH BEARS SOUTH
46°20'01" WEST, 2.88 FEET; THENCE SOUTH 00°19'29" WEST, 156.58 FEET TO AN ANGLE POINT;
THENCE SOUTH 00°29'37" WEST, 118.90 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,788 SQUARE FEET MORE OR LESS.
BASIS OF BEARINGS PER SURVEY NUMBER 29,167 WASHINGTON COUNTY SURVEY RECORDS.
&GISTERED
Q€~EG
JULY 14 tMGION
BEAN M. OALRYd~I~2875
RAP I~- 3 I -ate
NAproj\328-01 I \Word\wall.doc
Plaza West • Suite 230 • 9600 SW Oak • Portland, Oregon 97223
Office 503-452-8003 • Fax 503-452-8043
• www.alpha-eng.com
W EXHIBIT A
N
rn w LOCATED IN A PORTION OF LOT 2, "EDGEWOOD"
o' IN THE SOUTHEAST ONE-QUARTER OF 'SECTION 2,
z N TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE
POINT OF MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON
obi BEGINNING NORTH LINE
°
CENTERLINE ° OF WALL DEED DOC. NO.
HALL BLVD. Z DEDICATION 2003-037721 NORTH LINE LOT 1
NOETC~ R
P
\N
S "EDGEWOOD"
20.01 SW•
- - - - - - - 87'39'27" E 29.72'
997+97.92 - - - - - - ` 846.68' -
S 00'19'29" W 50.00' 35.00 35.22 434.42 - - - - - - - - ~
45.60'
998+43.52 236.59' L1190.64' 20.91
L.213.10,
r - O
PROPOSED SOUTH.
m J ~ / 00
RIGHT-OF-WAY
-I I cO co
WALL STREET
®®I Q Q V) Lo PROPOSED CENTERLINE
00
m® = c~ FUTURE ROADWAY
w® I ° (NOT SHOWN AT SCALE)
N LOT 2
v®
OSH D S TA. EXISTING 6.12 ACRES
1000+00 RIGHT-OF-WAY DEED DOCUMENT NO. 2003-037721
50.00'
AREA TO BE DEDICATED
® co in o TO THE STATE BY
~ i
0' `D rn 'SEPARATE DOCUMENT
j.l T d / c6
8.00' WIDE 1"=100'
PUBLIC UTILITY
EASEMENT EAST LINE
0 o N 87'40'08" W 803.90' LOT 2
POINT OF BEGINNING OF
z 20.01' 8.00' WIDE PUBLIC UTILITY SOUTH LINE
8.00' EASEMENT
® WALL STREET DEDICATION LOT 3 SOUTH LINE LOT 2 S.E. CORNER
DEED DOC. NO. LOT 2,
2003-037721 "EDGEWOOD"
8.00' WIDE PUBLIC UTILITY EASEMENT
DRAWN BY: SRN DATE: 4125103
REVIEWED BY: SRN DATE: 4125103 PREPARED BY:
PROJECT NO.: 328-011 ALPHA ENGINEERING, INC.
9600 S.W. OAK, PLAZA WEST, SUITE 230
SCALE: 1"'=10,0' PORTLAND, OREGON 97223
(503) 452-8003
N:\ roj\328-011\dw \surve \32811SUR:DWG