2020-105280 ~ 7570 SW Ting Ct ~ 7554 SW Ting Ct ~ 7520 SW Ting Ct ~ 7504 SW Ting Ct Washington County,Oregon 2020-105280
RETURN RECORDED DOCUMENT TO: 10/22/2020 0 Cnt=1 tPM
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D-AE Cnt=1 Stn=B 3 CHOATE
CITY HALL RECORDS DEPARTMENT $15.00$5.00$11.00$60.00-Total=$91.00
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 9722
I,Margaret Garza,07Dire26650ctor of Assessment and7202001052800030038
I 1111 II III III 11111 I I
Taxation and Ex-Officio County Clerk for Washington
County,Oregon,do hereby certify that the within •:,
instrument ofr writing was received and recorded In the�U
book of records of said county, .F�
Margaret Garza,Director of Assessment and Taxation, 1
Ex-Officio County Clerk
Space above reserved for Washington County Recording information
PRIVATE ROAD MAINTENANCE
AGREEMENT
This Agreement is made and entered into this 1r-ek day of OGeh 2020, by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and TENHOUSE
PROPERTY,LLC (Owner).
RECITALS
A. Owner has developed or will develop the Private Road(s) listed below as part of City of Tigard
right-of-way per Permit PFI2019-00150.
Road Name Road Name(in PFI Type of Road Nearest major cross street
(Proper) drawing)
1. Ting Ct Tract-A Asphalt Durham Rd& SW 76th Ave
2.
B. The private road enables development of property at HSU SUBDIVISION [15970 SW 76th
Ave, Tigard,OR] by providing egress access to the addresses listed below. The consideration for this
Agreement is connection to maintenance responsibilities for this private road.
Street address Lot # in PFI2019-00150 drawing
1. 7570 SW Ting Ct, Tigard, OR 97224 3
2. 7554 SW Ting Ct, Tigard, OR 97224 4
3. 7520 SW Ting Ct, Tigard, OR 97224 5
4. 7504 SW Ting Ct, Tigard, OR 97224 6
Page 1 of 3
C. The property benefited by the Facilities and subject to the obligation of this Agreement is
described below or in Exhibit A(Property)attached hereto and incorporated by reference.
-SecExhibit tt a�-r A, I4S° St-)170 k Nit S owl
D. The Private Road is designed by a registered professional engineer to accommodate the
anticipated vehicular weight loads commensurate to a private road providing egress to typical single-family
homes.
E. Failure to maintain the private road can result in an unacceptable impact to public usage and
local access/egress.
NOW,THEREFORE, it is agreed by and between the parties as follows:
1. OWNER RESPONSIBILI PIES. Through Sep 8,2022,the owner will inspect and maintain the
private road is in good condition to enable typical vehicular and foot traffic respectively. After Sep 8,2022,
maintenance of the private road transfers to the HOA or homeowner-defined equivalent as stipulated in
the subdivision CC&R's. [Washington Co. Record# (A ?ry— (DS 2 1
2. CITY INSPECTIONS. Owner grants City the right to inspect the private road. City will
endeavor to give ten(10)days prior written notice to Owner,except that no notice shall be required in case of
an emergency. City shall determine whether observed issues present a hazard that needs to be corrected. Owner
(at the address provided at the end of this Agreement,or such other address as Owner may designate in writing
to City)will be notified in writing through the US Mail of the issues and shall make corrections within 30 days
of the date of the notice.
3. CITY CORRECTIONS. If correction of all Owner or City identified issues is not completed
within the timeframe set forth in Section 3, City shall have the right to have any issues corrected. City (i) shall
have access to the private road for the purpose of correcting found issues and(ii) shall bill Owner for all costs
reasonably incurred by City for work performed to correct the issues(City Correction Costs)following Owner's
failure to act. Owner shall pay City the City Correction Costs within thirty(30)days of the date of the invoice.
Owner understands that this is a debt owed to City. In addition,Owner agrees that upon non-payment, City
Correction Costs shall be secured by a lien on the Property for the City Correction Cost amount plus interest
and penalties.
4. EMERGENCY MEASURES. If at any time City reasonably determines that conditions of the
private road create any imminent threat to public health, safety or welfare,City may immediately and without
prior notice to Owner take measures reasonably designed to remedy the threat. City shall provide notice of the
threat and the measures taken to Owner as soon as reasonably practicable, and if such imminent threat arose
from a Deficiency with the Facilities, charge Owner for the cost of these corrective measures as provided in
Paragraph 5.
5. FORCE AND EFFECT. This Agreement shall constitute an equitable servitude or covenant
running with the land and shall bind all owners of the Property present and future, and their heirs, successors
and assigns.
6. AMENDMENTS. The terms of this Agreement may be amended only by mutual agreement of
the parties. Any amendments shall be in writing, shall refer specifically to this Agreement,and shall be valid
only when executed by the owners of the Property,City and recorded in the Official Records of the county
where the Property is located.
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•
7. PREVAILING PARTY. In any action brought by either party to enforce the terms of this
Agreement,the prevailing party shall be entitled to recover all costs, including reasonable attorney's fees as may
be determined by the court having jurisdiction, including any appeal.
8. SEVERABILITY. The invalidity of any section,clause, sentence, or provision of this
Agreement shall not affect the validity of any other part of this Agreement, which can be given effect without
such invalid part or parts.
IN WITNESS WHEREOF, Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
By: / _
Title: 10041) ., q A ethcb c -
STATE OF OREGON )
) ss.
County of A i_ i
This instrument was acknowledged before me on /5 C4O '7, 20 2- , by
lil as11 y . ,„ 7 Aai'ise C
4117 • 4 /Fr
Aft
f i
•TARY PUBLIC FOR ORE .ON
My Commission Expires: 0 $
OFFICIAL STAMP
z' PARIE T CHAN
ate+ NOTARY PUBLIC-OREGON
N.Atile COMMISSION NO. 996323
MY COMMISSION EXPIRES FEBRUARY 20,2024
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