2022-001335 ~ SW River Terrace Blvd and SW Birdsong St 7
itz:
Fidelity National Title
DEVELOPMENT SERVICES GROUP
LETTER OF TRANSMITTAL
January 11, 2022
City of Tigard
City Hall Records Department
13125 SW Hall Blvd.
Tigard OR 97223
RE: River Terrace East No. 2
Please find enclosed:
Hello,
Please find the recorded Declaration of Covenants and Restrictions for River Terrace East
No. 2.
Please let me know if you have and questions.
Thank you,
-Toni Lowe
Transmitted from: Toni Lowe
AVP I Senior Project Coordinator
Fidelity National Title Company of Oregon
900 SW 5th Avenue,Mezzanine Level
Portland,OR 97204 OR
503.796.6626 Mobile: 503.317-8580
Toni.lowe@fnf.com
Washington County,Oregon 2022-001335
D-R/B
Stn=6 M FERNANDES 01/0612022 12:38:26 PM
$55.00 S10.00$11.00$5.00$60.00 $141.00
I,Joe Nelson,Director of Assessment and Taxation and Ex-Officio
County Clerk For Washington County,Oregon,do hereby certify that
the within instrument of writing was received and recorded in the
book of records of said county.
Joe Nelson,Director of Assessment and
Taxation,Ex-Officio County Clerk
After recording, return to:
City of Tigard -
City Hall Records Department
13125 SW Hall Blvd
Tigard, OR 97223
Th`s
irstrummt Vied tor recora o -
ile!ity Nation!Title as an accommodatir,
tt has not been examined as to ll,,
execution or as to its effect upon the title.
387.1/RCCO
DECLARATION OF COVENANTS AND RESTRICTIONS
and
ACCESS EASEMENT
FOR THE
River Terrace East No. 2 Compensatory Wetland Mitigation Site,
DSL Permit#59188-RF and Corps Permit#NWP-2016-127
THIS DECLARATION is made by City of Tigard.,an Oregon Municipal Corporation,
("Declarant").
RECITALS
I. Declarant is the owner of the real property described in Exhibit"A,"attached hereto and
by this reference incorporated herein (the"Property"), and has designated the Property as a
compensatory wetland mitigation site in accordance with Removal-Fill Permit#59188-RF(the
"DSL Permit")approved by the Oregon Department of State Lands("Department"), and the
Department of the Army permit#NWP-2016-127 ("Corps permit")approved by the US Army
{00944642;2) DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY,OREGON
-1-
After recording, return to:
City of Tigard
City Hall Records Department
13125 SW Hall Blvd
Tigard, OR 97223
Th'° irstrumont filed for record oy
Fidelity Natiora!Title as an accommodaU
ly. It has not been examined as to k.,
execution or as to its effect upon the title.
-# 3g-14 aCCO
DECLARATION OF COVENANTS AND RESTRICTIONS
and
ACCESS EASEMENT
FOR THE
River Terrace East No. 2 Compensatory Wetland Mitigation Site,
DSL Permit#59188-RF and Corps Permit#NWP-2016-127
THIS DECLARATION is made by City of Tigard., an Oregon Municipal Corporation,
("Declarant").
RECITALS
1. Declarant is the owner of the real property described in Exhibit"A," attached hereto and
by this reference incorporated herein (the "Property"), and has designated the Property as a
compensatory wetland mitigation site in accordance with Removal-Fill Permit#59188-RF (the
"DSL Permit") approved by the Oregon Department of State Lands ("Department"), and the
Department of the Army permit#NWP-2016-127 ("Corps penuit") approved by the US Army
{00944642;21 DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY,OREGON
-1-
Corps of Engineers ("Corps") and issued to William Lyons Homes, Inc., prior owner of the
Property.
2. Declarant desires and intends to provide for the perpetual protection and conservation of
the wetland and waterway functions and values of the Property and for the management of the
Property and improvements thereon, and to this end desires to subject the Property to the
covenants, restrictions, easements and other encumbrances hereinafter set forth, each and all of
which is and are for the benefit of the Property;
3. The Department has accepted the mitigation plan for the Property under ORS 196.800 et
seq, and the Corps has likewise accepted the mitigation plan under Section 404 of the Clean
Water Act.
ARTICLE 1
DEFINITIONS
1.1 "Declaration" shall mean the covenants,restrictions, easement, and all other
provisions set forth in this Declaration of Covenants and Restrictions.
1.2 "Declarant" shall mean and refer to City of Tigard, an Oregon Municipal
Corporation, the owner of the Property, and the owner's heirs, successors, and assigns.
1.3 "DSL permit" shall mean the final document approved by the Department that
includes the mitigation plan and which formally establishes the mitigation site and stipulates the
terms and conditions of its construction, operation and long-teen management. A copy of the
DSL permit may be obtained at the Department of State Lands, 775 Summer St. NE, Salem, OR
97301; phone 503-986-5200.
1.4 "Corps permit" shall mean the final document approved and issued by the Corps
which includes the mitigation plan describing where and how the compensatory mitigation will
be completed, monitored, managed, and maintained. A copy of the Corps permit associated with
this Declaration may be obtained at the office of the US Army Corps of Engineers, Regulatory
Branch, 333 SW First Ave., Portland, OR 97208; Phone 503-808-4373.
1.5 "Property" shall mean and refer to all real property subject to this Declaration, as
more particularly set forth in Exhibit "A."
{00944642;2; DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY, OREGON
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The Property described in Exhibit A is and shall be held, transferred, sold, conveyed and
occupied subject to this Declaration.
ARTICLE 3
DECLARANT REPRESENTATIONS
Declarant represents and warrants that after reasonable investigation, and to the best of its
knowledge, that no hazardous materials or contaminants are present that conflict with the
conservation purposes intended; that the Property is in compliance with all federal state, and
local laws, regulations, and permits; that there is no pending litigation affecting, involving, or
relating to the Property that would conflict with the intended conservation use; and that, except
as otherwise disclosed in any Existing Encumbrance (as defined in Article 5 below) the Property
is free and clear of any and all liens, claims,restrictions, easements and encumbrances that
would interfere with the ability to protect and conserve the Property.
ARTICLE 4
GENERAL DECLARATION
Declarant, in order to discharge in part its obligations under the DSL permit and the
Corps permit, declares that the Property shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements and other encumbrances in this Declaration, in
order that it shall remain substantially in its restored, enhanced, preserved, open and natural
condition, in perpetuity. The terms and conditions of this Declaration shall be both implicitly
and explicitly included in any subsequent transfer, conveyance, or encumbrance affecting all or
any part of the Property. No modification or release of this Declaration will be effective unless
authorized in writing by the Department and by the Corps. Any amendments must be signed by
the Department and must be recorded in the official records of the county in which the Property
is located.
,00944642;2} DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY,OREGON
-3-
ARTICLE 5
USE RESTRICTIONS, MANAGEMENT RESPONSIBILITIES,
AND RESERVED RIGHTS
This Declaration is subject and subordinate to any and all easements, rights, covenants,
conditions, restrictions and other matters of record affecting the Property and recorded in the
official records of Washington County, Oregon prior to the recording of this Declaration (each,
an "Existing Encumbrance" ). In the event of any conflict between an Existing Encumbrance
and this Declaration, the Existing Encumbrance shall control.
A. USE RESTRICTIONS. Except as necessary to conduct, remediate or maintain the
Property consistent with the DSL permit and the Corps permit, the actions prohibited by this
covenant include:
1. There shall be no removal, destruction, cutting, trimming,mowing, alteration or
spraying with biocides of any native vegetation in the Property, nor any disturbance
or change in the natural habitat of the Property unless it promotes the mitigation goals
and objectives established for the Property. Hazard trees that pose a specific threat to
existing structures including fences or pedestrian trails may be felled and left on site.
Dry grass only may be mowed after July 1 to abate fire hazard.
2. There shall be no agricultural, commercial, or industrial activity undertaken or
allowed in the Property; nor shall any right of passage across or upon the Property be
allowed or granted if that right of passage is used in conjunction with agricultural,
commercial or industrial activity.
3. No domestic animals shall be allowed to graze or dwell on the Property.
4. There shall be no filling, excavating, dredging, mining or drilling; no removal of
topsoil, sand, gravel, rock minerals or other materials, nor any storage nor dumping of
ashes, trash, garbage, grass clippings, or of any other material, and no changing of the
topography of the land of the Property in any manner once the wetlands are
constructed unless approved in writing by the Department and by the Corps.
{00944642;2} DEED RESTRICTION FOR RIVER TERRACE EAST NO.2,TIGARD, WASHINGTON
COUNTY, OREGON
-4-
5. There shall be no construction or placing of buildings, mobile homes, advertising
signs,billboards or other advertising material, vehicles or other structures on the
Property.
6. There shall be no legal or de facto division, subdivision or partitioning of the
protected Property.
7. Use of motorized off-road vehicles is prohibited within the protected Property.
B. MANAGEMENT RESPONSIBILITIES. Declarant shall take all reasonable action to
prevent the unlawful entry and trespass by persons whose activities may degrade or harm the
mitigation purposes of the Property or that are otherwise inconsistent with this Declaration.
C. RESERVED RIGHTS. Declarant reserves all other rights accruing from Declarant's
ownership of the Property including but not limited to the exclusive possession of the Property,
the right to transfer or assign Declarant's interest in the same; the right to take action necessary
to prevent erosion on the Property, to protect the Property from losing its wetland or waterway
functions and values, or to protect public health or safety; and the right to use the Property in
any manner not prohibited by this Declaration and which would not defeat or diminish the
conservation purpose of this Declaration. Additionally, nothing in this Declaration shall
prohibit the exercise of any rights under any Existing Encumbrance or the installation,
construction,use, operation, inspection, maintenance, repair or replacement of any
improvements on the Property pursuant to any Existing Encumbrance, including without
limitation, the right of Declarant or any easement holder under an Existing Encumbrance to
install, construct, maintain, repair and replace storm sewer and surface water drainage and
detention improvements and facilities on those portions of the Property depicted on the attached
Exhibit A.
The Declarant specifically reserves the right to use the Property for the purposes of
providing educational or research opportunities, including seed collection, which reserved rights
are deemed to be consistent with the purposes enumerated in the permit.
{00944642;2} DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY,OREGON
-5-
ARTICLE 6
EASEMENT (RIGHT OF ENTRY)
Declarant hereby grants to the Department an easement and right of entry on the Property
for the purpose of physically accessing the Property at all reasonable times to inspect the
Property in order to monitor and to ascertain whether there has been compliance with this
Declaration and the DSL permit. In the event that the Property lacks access via a public road or
other common area, Declarant grants to the Department an easement over and across any other
adjoining property of Declarant, the use of which is necessary to access the Property. The
Declarant hereby grants to the Corps a right of entry to ascertain compliance with the Corps
permit and this Declaration. Any entry onto the Property or any adjoining property of Declarant
by the Department, the Corps, or any of their respective employees, contractors or agents under
this Article 6 shall be deemed at their own risk and Declarant shall not be liable or responsible
for any damage to property or injury to person or loss of life that may result from such entry,
whether arising due to the condition of the Property or otherwise.
ARTICLE 7
GENERAL PROVISIONS
A. NOTICE. The Department and the Corps shall be provided with a 60-day advance
written notice of any legal action concerning this Declaration, or of any action to extinguish,
void or modify this Declaration, in whole or in part. This Declaration, and the covenants,
restrictions, easements and other encumbrances contained herein, are intended to survive
foreclosure, tax sales,bankruptcy proceedings, zoning changes, adverse possession,
abandonment, condemnation and similar doctrines or judgments affecting the Property. A copy
of this recorded Declaration shall accompany said notice.
B. VALIDITY. If any provision of this Declaration, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Declaration, or the application of such provisions to persons or circumstances other than those as
to which it is found to be invalid, as the case may be, shall not be affected thereby.
{oo944642;2 DEED RESTRICTION FOR RIVER TERRACE EAST NO. 2,TIGARD,WASHINGTON
COUNTY,OREGON
-6-
IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed this instrument
this 3 day of 1 e L 2020.
CITY OF TIGARD
an Oregon Municipal Corporation
Lori Faha, City Engineer
STATE OF or tr )
) ss:
County of wt(1d� Y1)
This instrument was acknowledged before me on Vem\Zkr '5rel 20 (date)
by Lori Faha as City Engineer of City of Tigard, an Oregon Municipal Corporation.
'461.03
OFFICIAL STAMP Signature of Notarial Officer
ERNESTINA ESCALERA
MyCommission Expires: Mai 2_02_4
: NOTARY PUBLIC-OREGON
COMMISSION NO.998434
MY COMMISSION EXPIRES MAY 11,2024
GRANTEE: The State of Oregon, Department of State Lands, approves Declarant's
conveyance of an easement in favor of the Department.
2 7Z 2 _
Print Name: G'/73-7r s i`b,,i,/F•z e,fas 7"L L
Title: Aid d pi;,7.' 7o.0 17 L
Date: )
Attachment: Exhibit A, legal description and labeled map of the Property
100944642:2; DEED RESTRICTION FOR RIVER TERRACE EAST NO.2,TIGARD,WASHINGTON
COUNTY.OREGON
7
Pacific
Cominnnity°
Design #
EXHIBIT A
November 14, 2019
LEGAL DESCRIPTION Job No. 395-064
A parcel within Tract W, plat of "River Terrace East No. 2", Washington County Plat 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:
BEGINNING at the Southeast corner of said Tract W;
thence along the easterly line of said Tract W, North 00000 16" East, a distance of 542.82 feet
to the Northeast corner of said Tract W;
thence along the northerly tine of said Tract W, North 89'58' 43" West, a distance of 345.92
feet to an angle point;
thence continuing along said northerly line, South 82-26' 25" West, a distance of 50.44 feet to
an angle point;
thence continuing along said northerly tine, South 75-43' 55" West, a distance of 51.60 feet to
an angle point;
thence continuing along said northerly line, South 80`44' 52" West, a distance of 50.66 feet to
an angle point;
thence continuing along said northerly line, South 87 13' 13" West, a distance of 50.06 feet to
an angle point;
thence continuing along said northerly line, North 89`58' 43" West, a distance of 56.63 feet to
the Northwest corner of said Tract W;
thence along the easterly Right-of-Way line of SW River Terrace Boulevard, South 05`43' 31"
West, a distance of 98.41 feet to a point of tangential curvature;
thence leaving said easterly Right-of-Way tine, South 38`58' 50" East, a distance of 1.55 feet;
thence South 38'58' 50" East, a distance of 1.55 feet to a point being parallel with and 3.75
feet easterly of said easterly Right-of-Way line;
thence along said parallel line, along a 74.75 foot radius non-tangential curve, concave
westerly, with a radius point bearing South 61'43' 50" West, arc length of 69.47 feet, central
angle of 53'14' 58", chord distance of 67.00 feet, and chord bearing of South 01'38' 41" East;
thence leaving said parallel line, North 51'07' 09" East, a distance of 3.80 feet to a point being
parallel with and 5.50 feet easterly of said easterly Right-of-Way line;
Page 1 of 4
12564 SW Main Street,Tigard,OR 97223 ® [T] 503-941-9484 [P] 503-941-9.85
thence along said parallel line, along a 76.50 foot radius non-tangential curve, concave
northwesterly, with a radius point bearing North 67°34' 32" West, arc length of 41.79 feet,
central angle of 31'17 51", chord distance of 41.27 feet, and chord bearing of South 38°04' 23"
West;
thence leaving said parallel line, along a 48.00 foot radius reverse curve to the left, arc length
of 45.16 feet, central angle of 53`54' 32", chord distance of 43.51 feet, and chord bearing of
South 26°46'03"West to a point being parallel with and 5.00 feet easterly of said easterly Right-
of-Way line;
thence along said parallel line, South 00°11' 13" East, a distance of 40.42 feet to a point of
tangential curvature;
thence continuing along said parallel line, along a 88.00 foot radius tangential curve to the left,
arc length of 10.93 feet, central angle of 07`06' 54", chord distance of 10.92 feet, and chord
bearing of South 03°44' 39" East to a point of tangential curvature;
thence continuing along said parallel tine, along a 576.00 foot radius compound curve to the
left, arc length of 99.25 feet, central angle of 09°52' 22", chord distance of 99.13 feet, and
chord bearing of South 12"14' 17" East to a point of tangency;
thence leaving said parallel line, South 18'05' 22" East, a distance of 3.33 feet;
thence North 71'54' 38" East, a distance of 19.96 feet;
thence South 18'21' 47" East, a distance of 20.65 feet;
thence South 18'17' 18" East, a distance of 5.26 feet;
thence South 16`56'46" East, a distance of 12.04 feet;
thence along a 58.23 foot radius non-tangential curve, concave southwesterly, with a radius
point bearing South 00°45'41" East, arc length of 92.42 feet, central angle of 90°56' 20", chord
distance of 83.02 feet, and chord bearing of South 45'17' 31" East;
thence South 73'22' 19" East, a distance of 35.00 feet;
thence South 76°51' 59" East, a distance of 45.41 feet;
thence South 82'18' 28" East, a distance of 42.84 feet;
thence North 53'52' 57" East, a distance of 5.44 feet;
thence North 73'11' 55" East, a distance of 12.71 feet;
thence South 89°05' 51" East, a distance of 35.94 feet;
thence South 85'16' 39" East, a distance of 40.44 feet;
Page 2 of 4
Pacific Community Design, Inc.
12564 SW Main Street,Tigard, OR 97223 • [1] 503-941-9484 [F] 503-941-9485
thence South 73'57' 17" East, a distance of 20.21 feet;
thence South 37`23' 19" East, a distance of 1.82 feet;
thence South 22°21' 13" West, a distance of 12.94 feet to a point on the southerly line of said
Tract W;
thence along said southerly line, North 89'18' 24" East, a distance of 310.40 feet to the POINT
OF BEGINNING.
Containing 321,629 square feet, more or less.
Basis of bearings being plat of "River Terrace East No. 2", Washington County Nat Records.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 9, 2002
TRAVIS C. JANSEN
57751
RENEWS: 6/30/2021
Page 3 of 4
Pacific Community Design, Inc.
12564 SW Main Street,Tigard, OR 97223 s [T] 503-941-9484 [F] 503-941-5485
. ,
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EAST NO. 2 co
R=76.50' sl d
I R=48.00L=41.79' TRACT W
to
L=45.16' A,...._,31,17,51,- t-
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51214'17"E SANITARY SEWER-2.
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5.26' 40.44'
12.04'
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N89'18'24"E 310.40' i 0-
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S76'51'59"E \—N73'11'55"E DOCUMENT NO.
45.41' 12.71' 78-15191
S82'1828"E ----N53'52'57"E
-ii 42.84' 5.44'
a
EXHIBIT A
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DRAWN BY: GPS DATE: 11i14/19
.,- REVIEWED BY: TCJ DATE: 11/14/19 12564 SW Main Si
# 441ftwowe'
. -
PROJECT NO.: 395-064 Pacific Tigard, OR 97223
* [T] 503-941-9484
Community
.L.L SCALE: 1"=100' Design [F] 503-941-9485
.,
PAGE 4 OF 4
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