92-029576 Roadway and Sewer Maint. Agreement
' Ile 920295'6
i Washington County
PiriLilsAY ~'+PJF! c-,NTTARY SEWER MAINTENANCE AGREEMENT
dav of
..he parties whose signature appear below. The part es he~eto are fee owner r
contract pur'chaEers (hereinafter "Owner -z'"T of the re.-1 propert'.' d e-mcr ;_irExhibit "A" .{n;_i E ir; i± j'_.t r: iy =r c., n i.r r p JT _=r;-, ir; r.
The parties hereto require the use of a roadway and sanitary sewer as
c'c .._r-ibed on Exhibit "A & P for access to their residential lots from the =_,-.Jz-'.
Side of S.W. North DaE::ota.
i. =ommon Maintenance. All Owners shall contrib!.t=:' to _ht_ - _<.i nt_'r,r
repair of the roadway and sanitary sewer, which i_ describer on Exhibit
c!". Each owner shall be equally responsible for Such maintenance and
repair of the roadway and sanitary sewer. In the event more than one
parcel is purchased by an Owner, then that Owner's contribution shall
increase according to the number of lots owned by that Owner in propor?:icn
to the total number of lots served by the roadway and sanitary sewer,
i.°epairs and Assessment. City of Tigard, Oregon, has found that the
continuing maintenance of the roadway and sanitary sewer is necessary
its approval of the minor land partition. Upon determination by a majors-
of the Owners that the roadway is in need of repair, an assessment again---41
each Owner proportionate to hi. fina.n:-__.pansibil i.}_
cover costs of the repair.
individual Responsibility. Notwithstanding the provisions of paragraph
each Owner is solely responsible for any particular damage Caused
the roadway or sanitary t = tr' i-= 1 7r f.)wner-,
the Owner's contractors.
4. Notice. In the event an Owner causes damage to the roadway or sanita.r;
sewer, or the road is in need of repair due to natural deterioration, ter
the Owner or all Owners shall be notified in writing of an assessment .-r
the repair of the road. Such notice shall be provided on behalf of
majority of Owners who have determined that such repairs are neede_.
avment of Assessment. If an owner is unable, unwilling, or refuses
comply with specific directives for payment of the assessment within -
.30} days of written notice to the Owner, or the Owner cannot agree to a
Mutually acceptable solution with thirty (30) days of written notice to the:,
owner, then any of the r'=«r=. 1.5 l4-r:er'= 1 `I_.st ti
='it iE
TC, C,
or both of the fol 1 owin-j
a7 Assess that Owner for hi= proportionate share cat the co=_t'= of
work: done; and the remaining Owners shall have a lien upon the
nonperforming Owner's real property for the amount of this c-..t
Df said repair, which lien shall be subordinate to any pr --,r
recorded mortgage, trust deed, or land =ale Contract:. anf--!
RETURN =RDED DOCCJM= TO:
4 w~ CITY RECORDER, TIGARD
PO BOX 23397
TIGARD OR 97223
h Bring suit or action against the owner to enforce collection a+
the assessment. In the event such suit or action is brought to
collect an assessment or otherwise enforce the terms of this
Agreement, the prevailing party shall be entitled to recover- i__
costs and reasonable attorney's fees., as awa.rled by the court at
trial or on appeal.
Duratian. a.nd Termination of gree,Tie t. This Agreement and the obl iga.tion-=-
hereunder shall exist in perpetuity, except as provided below, and both tr-i:e
benefit and burden of the Agreement shall be appurtenant to and run with
the Lots described above. No Owner is authorized to withdraw from the
Agreement, and the Owners may not agree collectively to dissolve the
Agreement without prior written approval of the Tigard City Council or
Hearings Officer. This Agreement shall terminate upon abandonment of the
private sanitary sewer and dedication of the roadway thereunder to the City
of Tigard, Oregon, and acceptance of the roadway and public sanitary sewer
for maintenance by the City. Upon such dedication and acceptance, the
Owners shall be released from any further maintenance obligations
hereunder.
':successors and Assigns. Both the burden and the benefit of this Agreement
shall extend to the heirs, successors, and assigns of all parties hereto
and shall remain in effect until such time as each owner's lot is provided
with public sanitary sewer service and the maintenance responsibilities of
the private roadway are assumed by the City of Tigard, Oregon. It is the
intent of the parties hereto to create a continuing obligation on the part
of each landowner, present or future, including any additional Owners
resultirg rr::-.;.. further division of the existing lots.
C(ATED h is day of y9b~2.
gnature) (Signa;t _l (Signature) ^
=?a.n Zehntb.auer Elaine Zehntbauer
-'(Print. Name) (Print Name) ~ (Print Naive)
e _
(Signature) .'an:a.ti_ire) - ~ (Signature)
Marvin Winters -
~';M1'; fr Name) __-'__(Print Name) (Print ; j7.i F_ Y
Page 2 -ROADWAY MAINTENANCE AGREEMENT
clh__
State at Orypom
nuuntV of Z:
On this day ot~ in the year 19214 before the undersigned Not y/Public, personally appeared Alan & Elaine Zehntbauer
Marvin & Jo Anne Winters personally known to me/ or proved to me on the basin c
satisfactory evidence to be the person(s) whose name(s) is/are subscribed no
this instrument, and acknowledged that he/she/they executed it.
WITNESS my hand and ott icia sew.
oFMInL SERA
L --ORE C. JGH. 80M
r NOTAPAY PUBLIC-OREGON
COIN-UMIMON-140 010364
O CT 23, 1995 ~ N _trv' s 5 i gnatur'
Approven v5 to legal deacription WE day W W;
itl
- -
Approved this d (.-j
City of Tigard- p
T
Title-
3
• EXHIBIT "A": ROADWAY AND SANITARY SEWER MAINTENANCE
LAYNE CASWELL AGREEMENT
SURVEYOR, INC.
REGISTERED LAND SURVEYOR
Oregon - Washington - Idaho 6120 S. W. Lombard Avenue ■ Beaverton, Oregon 97005 • Telephone 503 / 644-3179
Feb. 11, 1992
Job No. 4713-2
LEGAL DESCRIPTION
OF TRACT "A"
A parcel of land in the John Hickland Donation Land Claim
No. 54, in the Southeast quarter of Section 34, Township (1)
South, Range (1) West, Willamette Meridian, Washington County,
Oregon, said parcel of land being a portion of that tract of land
described in a document recorded as Fee No. 86061530 of the
Washington County Records, said parcel of land is more
particularly described as follows:
Beginning at a point in the centerline of S.W. Dakota Street
(County Road No. 452) which bears S89°39'00"E 650.96 feet from
the Northwest corner of the John Hickland Donation Land claim No.
54, said beginning point being also the Northeast corner of Fee
No. 86061530; thence S00°10'19"E 30.00 feet; thence N89°39'00"W
66.48 feet (parallel with the centerline of S.W. Dakota Street)
to a point of curve; thence Southwesterly along the arc of a
17.00 foot radius curve to the left 26.86 feet (the long chord
bears S45°04'44"W 24.16 feet); thence S00°11'32"E 453.56 feet;
thence N89°48'46"W 25.00 feet to the Southwest corner of Fee No.
86061530; thence NO0°11'32"W 500.79 feet to the Northwest corner
of Fee No. 86061530, in the centerline of S.W. Dakota Street;
thence S89"39'00"E 108.64 feet to the point of beginning.
k
BOUNDARY SURVEYS • SUBDIVISIONS ■ TOPOGRAPHIC MAPPING ■ CONSTRUCTION STAKE-OUT
' EXHIBO"B": ROADWAY AND SANITAROSEWER MAINTENANCE
LAYNE CASWELL AGREEMENT
SURVEYOR, INC.
REGISTERED LAND SURVEYOR
Oregon - Washington - Idaho 6120 S. W. Lombard Avenue • Beaverton, Oregon 97005 • Telephone 503 / 644-3179
Feb. 11, 1992
Job No. 4713-3
TRACT "B"
LEGAL DESCRIPTION
OF TEMPORARY TURN-AROUND
A parcel of land in the John Hickland Donation Land Claim
No. 54, in the Southeast quarter of Section 34, Township (1)
South, Range (1) West, Willamette Meridian, Washington County,
Oregon, said parcel of land being a portion of that tract of land
described in a document recorded as Fee No. 86061530 of the
Washington County Records, said parcel of land is more
particularly described as follows:
Commencing at a point in the centerline of S.W. Dakota
Street (County Road No. 452) which bears S89°31'53"E 567.32 feet
from the Northwest corner of the John Hickland Donation Land
claim No. 54, thence S00°04'25"E 377.72 feet to the TRUE POINT OF
BEGINNING; thence on a 25.00 foot radius non-tangent curve to the
left 23.18 feet along the arc, through a central angle of
53°07'48" (the long chord bears S63°30'31"E 22.36 feet) to a
point; thence S89°41'39"E 20.00 feet; thence S00°04'25"E 20.00
feet; thence N89°41'39"W 20.00 feet; thence on a 25.00 foot
radius curve to the left 23.18 feet along the arc, through a
central angle of 53°07'48" (the long chord bears S63°44'45"W
22.36 feet) to a point; thence NO0°04'25"W 39.86 feet to the True
STATE OF OREGON
Point of Beginning. County of Washington SS
I, Jerry R. Hanson, Director of Assessment
-5 and Taxation and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument of writing was
BOUNDARY S U R V E Y S S U B D I V I S I O N S TOPOGRAPHIC M received and recorded in book of records of
said county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
COUNT