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2006-074648 y I Washy -n County,Oregon 2006_074648 0612: i 10:22:44 AM D-RIB Cnt=2 Stna22 I REED , $55.00$5.00$6.00$11.00•Total=S77.00 After recording return to: CITV OF TIGARD 11111111111111111111111111111111 111 00970587200600746480110113 I ATTN: CITY RECORDER I,Richard Hobemlcht,Director of Al and Taxation and Ex•ORiclo County Clerk for Washington 13125 SW HALL BLVD County,Oregon,do hereby certlfythatthewlthln ; Instrument of writing was received and recorded In the TIGARD, OR 97223 book of records of said gayr�y. Richard W.Hobemicht,Director Loff Assessment and Taxation,Ex-0fticlo County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION is made this day 2006, by by Fanno Pointe Condominiums Owners' Association, an Oregon corporation, ("Declarant"). RECITALS A. WHEREAS,.Declarant is the owner of one tract of real property located in the City of Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this reference incorporated herein and referred to as the "Property", with a graphic depiction of the Property set forth in Exhibit "B" attached; and B. WHEREAS, the City of Tigard ("Tigard") intends to construct, maintain, repair and reconstruct certain roadway and path improvements and utilities, adjacent to the Property (the "Project"); and C. WHEREAS, Declarant desires to assure that the Project is constructed, maintained, repaired and reconstructed in a manner in conformity with preservation and mitigation of wetlands located on the Property to be maintained in accordance with the Permit approved by the Oregon Department of State Lands ("Department"), which wetlands are described in Exhibit "C" and graphically depicted in Exhibit "D" attached; and D. WHEREAS, in order to accomplish the purposes described above, Declarant desires to provide for the preservation and enhancement of the wetland values of the Property and for the maintenance and 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. NOW, THEREFORE, the Declarant declares that, subject to all existing covenants and encumbrances, the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions set forth in this Declaration. C:\Documents and Settings\Me\Local Settings\Temp\Fanno Pointe Covs&Restrictions 5(040406).DOC ARTICLE 1 DEFINITIONS 1.1 "Declaration" shall mean the covenants, restrictions, and all other provisions set forth in this Declaration of Covenants and Restrictions. 1.2 "Declarant" shall mean and refer to Fanno Pointe Condominiums Owners' Association, an Oregon nonprofit corporation, and its successors or assigns in ownership of the Property or any portion thereof, 1.3 "Permit" shall mean the final document approved by the Department for wetland mitigation relating to the Wetlands Area which sets forth the teens and conditions of construction, operation and long-term management of the Wetlands Area. 1.4 "Property" shall mean and refer to the real property subject to this Declaration. 1.5 "Wetlands Area" shall mean that portion of the Property designated as wetlands in, and subject to, the Permit as described in Exhibits "C" and "D" attached. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 The Property that is subject to the terms of this Declaration is located in the City of Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached and incorporated herein. ARTICLE 3 OWNERSHIP OF PROPERTY 3.1 Declarant currently owns and manages the Property. ARTICLE 4 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES 4.1 The Wetlands Area of the Property shall be used and managed for wetland mitigation purposes in accordance with the Permit. Declarant and all users of the Property are subject the following covenants and restrictions of record affecting the Wetlands Areas of the Property: 4.1.1 There shall be no removal, destruction, cutting, trimming, mowing, alteration or spraying with biocides of any vegetation in the Wetlands Area, except for the purpose of invasive species control, nor any disturbance or change in the natural habitat of the Property; CADocuments and Settings\Me\Local Settings\Tern ffanno Pointe Covs&Restrictions 5(040406).DOC 4.1.2 There shall be no agricultural, commercial, or industrial activity undertaken or allowed in Wetlands Area; 4.1.3 Signs shall be installed on the Property adjacent to the Wetlands Area requesting no entry into the Wetlands Area. 4.1.4 There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock minerals or other materials, nor any dumping of ashes, trash, garbage, or of any other material, and no changing of the topography of the land of the Wetlands Area in any manner, except in accordance with state and federal wetland permitting requirements. 4.1.5 There shall be no construction or placing of buildings, mobile homes, advertising signs, billboards, or other advertising material, or other structures in the Wetlands Area. ARTICLE 5 CONSIDERATION 5.1 In consideration for the agreement of Declarant to impose on the property the covenants contained herein, Tigard has agreed to pay for the construction by Declarant of a chain link fence on the Property to be maintained by Declarant, in accordance with plans, specifications and costs mutually acceptable to the parties, along the westerly boundary of an existing pedestrian and bicycle easement on the Property as generally described in Exhibit "E" attached hereto. ARTICLE 6 RESOLUTION OF DOCUMENT CONFLICTS 6.1 In the event of any conflict between this Declaration and the Permit, the permit-shall control. --- -- --- - -- , -_ IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed this instrument thistv4'�day of\---/w, 1� , 20 Fanno Pointe Condominiums Owners' Association, an Oregon'corporation �1 ..Title:`'sG�,� - � (Notary Acknowledgment on following page) G:1 Real_Estate\Tigard\Wall Street ExtensionTanno Pointe Covs&Restrictions 5(040406).DOC STATE OF OREGON ) �.,^^/ ss: County of U, wh cv t ) This instrument was acknowledged before me onI��D 2006 by as D of Fanno Pointe Condominiums Owners' Association. OFFICW.SEAL / MACIE D BRIGHTMAN Si n ture of No aria icer f; NOTARY PUBLI+C-0REGON g COMMISSION NO 404305 My Commission Expires: MY COMMISSION EXPIRES MARCH 30,2010 �� EXHIBIT A Description of parent tract for Wetland Mitigation Site Deed Restriction- Area No.l A tract of land situated within the boundaries of Fanno Pointe Condominiums Located in the Southeast one-quarter of Section 2 and the Southwest one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, State of Oregon; thence following said boundaries depicted on the Plat of Fanno Pointe Condominiums recorded in Washington County Document No. 2003178861 as follows: Beginning at the Initial Point of Fanno Pointe Condominiums thence North 87°40'08" West 435.90' feet; thence North 00°29'37" East 118.65 feet; thence North 00°19'29"East 156.55 feet to the point of curve of a 10.00 foot radius curve right; thence northeasterly 16.06 feet along the arc of said curve through a central angle of 92°01'04" (the long chord bears North 46°20'01"East 14.39 feet; thence South 87°39'27"East 219.56 feet; thence South 13°13'37"West 67.12 feet; Thence South 77°03'30"West 105.56 feet; thence South 12°56'30"East 97.40 feet; thence South 87°40'06"East 29.88 feet; thence North 75°14'57"East 125.95 feet; thence North 58°13'37"East 35.70 feet; thence South 76046'23"East 107.66 feet; thence South 13°13'37"West 52.10 feet; thence South 16°45'32"East 88.02 feet to the Initial Point. Expires 12/31/04 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON AUGUST 22,1975 ROGER W. MORELAND 1033 629 Parent Fanno.doc January 14, 2005 EXH/B/T fW ff PARENT TRACT FOR WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1 Located within the SE 1/4 of Section 2, and the SW 1/4 of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon C/TY OF T/GARD = 8' PUE h Lot 1 Edgewood / / 8 PUE o N 00'19:29" E i w' / NE CORNER POB 45 60 �/'� / LOT 2, EDGEWOOD 19.79 � j S 00,19:229" N 87.39 27" W - 846.68 j S 02'52'0 1-]WOOD � 29.72 S 87:39:35" E ' Fie/ds to pub/ic 20.01 S 87'39 27" /=92'01'04"— R=10.00 04"R=10.00 * + . + L=16.06 + ,N;ti LC=14.39 W + ' + + -� r�• CB=N 4620'01" E �, k *+ `O FA NNO PO/NTE N CONDOMINIUMS o A ++ + 105.530" W STAGE 2 C1 N S 77.03 z M w o a3 �^ 35.70N,� C/TY OF T/GARD i N 58'13'37" E Ln �^ 29.88 o S 87'40'06" E z FANNO PO/NTE CONDOMINIUMS NN N 87'40'08" W-435.90 m E, ices I2 31/0 6 Initial Point of REGISTERED Fanno -Pointe PROFESSIONAL 100 50 0 100 Prepared by.- Condominiums plat LAND SURVEYOR DEHAAS 8c SCALE: 1=100' ASSOCIA TES, /NC. `� SU/TE 300 - A.G.C. CENTER OREGON 9450 S.W. COMMERCE CIRCLE Prepared for.- AUGUST 22, 1975 02.629.118 WILSONHONE.-I//LLE, OREGON 97070 The CITY of TIGARD ROGER W03 ORELAND 0%17/05 FAN-B.DWG PHONE. (503) 682-2450 EXHIBIT C Wetland Mitigation Site Deed Restriction—Area No. 1 A tract of land located in Lot 2, "EDGEWOOD"in the S.E. 1/4 of the S.E. 1/4 of Section 2, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, State of Oregon, said tract is more particularly described as follows: Beginning at a 5/8 inch iron rod with yellow plastic cap marked"DEHAAS ASSOC. INC."monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision which plat is recorded in Washington County Plat Book 2 Page 73; thence North 87°39'27" West 653.82 feet to a point on the South line of said Lot 1, said point also being on the most northerly line of that tract of land described in Dedication Deed recorded in Washington County Document 2003-137807, thence South 02020'33 West 55.00 feet to a point on the most northerly boundary line of FANNO POINTE CONDOMINIUMS which plat is recorded in Washington County Document No. 2003178861 and the TRUE POINT OF BEGINNING; thence South 87039'27"East a distance of 58.97 feet; thence South 13013'37"West 6.67 feet; thence South 55°36'04"West 8.47 feet; thence South 70°52'53"West 35.99 feet; thence South 40°20'22"West 35.12 feet; thence South 52°12'46"West 50.21 feet; Thence South 61°12'43"West 73.62 feet; thence South 73°59'54"West 36.83 feet; thence North 04°13'08"West 27.47 feet; thence North 76'39'16"East 20.88 feet; thence North 60°19'52"East 30.47 feet; thence North 21°19'46"East 18.14 feet; thence North41°03'38"East 74.28 feet; thence North 72054'22"East 30.85 feet to a point on the aforementioned most northerly boundary line of FANNO POINTE CONDOMINIUMS; thence South 87039'27"East 16.29 feet to the TRUE POINT OF BEGINNING and containing 8,628 square feet of land. Expires 12131104 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON AUGUST 22,1975 ROGER W. MORELAND 1033 629 T Fanno January 14, 2005 P-XHIHI T " ' WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1 Located within the SE 1/4 of SE 1/4 Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon LEGEND POB SOUTHEAST CORNER OF PDB PO/NT OF BEG/NN/NG // LOT 1, EDGEWOOD TPOB TRUE PO/NT OF BEG/NN/NG ZZLOT FOUND 5/8" /R/YPC 1 EDGEWOOD MARKED 'DEHAAS & ASSOC. INC. C. SRI 653$2 R/W RIGHT—OF—WAY // i / g Sa86$ //••''II v,P�� 9 2�., 3\ R�� _8' PUE 8' PUE / ps To 20G3 E1 M\o�o� / 1�� E /VJ (FIEF OECD 9,2�" N �, r39'2 DEOIGpON J $r3 j� 5 8 $9, ! N 1 6 7;37" E 5 N 55'.36 04" E kn N 72'54 22" E � � — ' 9 .30.85 / 16.29 ' �g9 8.47 0 o Pointe 5 Sr39 �I / o h' Farm Jbl;c NpP�INI�MS TOTAL SO FT- 8628 a to P RAY 60 GONoOM NORT%PGINIE o O 1� FA N FANNO PO/NTE LOT 2 EDGEWOOD hry `� CONDOMINIUMS STAGE 2 N 21'1946" E 18.14 N 76'39'16" E 20.88 X01�0�1 6�,�ti�roti FANNO PO/NTE Z CONDOMINIUMS 0 Ex fres 12 31 06 5� REGISTERED PROFESSIONAL Prepared by: Prepared for: LAND SURVEYOR DEHAAS & The CITY of TIGARDV�� PLAN ASSOCIA TES, INC. SU/TE 300 — A.G.C. CENTER OREGON k Scale: 1`40' 9450 S.W. COMMERCE CIRCLE AUGUST 22, 1975 01/17/05 WILSONVILLE,, OREGON 97070 ROGER W. MORELAND 629_REST—FAN—D.DWG PHONE: (503) 682-2450 1033 02.629.118 EXHII 7T "E" Wr in county,Oregon 2003-079811 JV 05 3 09:15:16 AM 1 ' D-0r. CR•1 SM-21 RECORD91 $15.00$0.00 311.00-TOM■532.00 RETURN RECORDED DOCUMENT TO: IIIIIIII I III III Iillll III CITY HALL RECORDS DEPARTMENT, oo33ssas2 98110030032 13125 SW Hall Blvd. I,deny Hanson,Director uoment ane Taxation Tigard,OR 97223 and Exomcto Coun erk for was hlno—Count, g Drepon,do here wtly that the wttNn Instrument or_ :�,I vvntlng was ved and recorded in the book or record. a count (�(L s,0h CORPORATION Jj R Hanson,DlnctorbHlu.iiment and Taxatlon, File No.W 02.-f Z E=omen count cle k DEDICATION DEED BIKEWAY AND PEDESTRIAN WAY Fanno Pointe L.L.C.a Washington Limited Liability Company hereinafter called the Grantors,grant and convey unto the City of Tigard a perpetual easement over,across,and under the land and real property located at a Portion of Lot 2"Edgewood",City of Tigard,Washington County,Oregon and described in the attached Exhibit "A"for a bicycle way and pedestrian way,which may be used by pedestrians and non-motorized mechanical means of transportation,such as bicycles and for no other purposes. The Grantee shall have the right to place, construct,operate,replace,maintain,inspect,reconstruct,install necessary improvements,and in connection therewith may remove and trees,shrubs,or brush necessary or convenient to accomplish said purposes. 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 Grantors 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 Grantors,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 L0�lay of 20 O:Z. 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 O, C.,a Washin ton Corporation,it's Manager 1d Gutschmidt,45 .✓Paf OFINO,INC.,a Washington Corporation CORPORATE ACKNOWLEDGEMENT STATE OF OREGON OFFICIAL SEAL Countyof (.01451f;W67D/✓ JAMES F CHRISTMAS NOTARY PUBLIC-OREGON COMMISSION 0 This was acknowledged before me on /Z ,2200-3MY MISSION EXPIRES NOV 28,2003 by: David Gutschmidt,a55r1/P of Tofmo,Inc.,a Washington Corporation, and the foregoing was signed on behalf of said entity;and he acknowledged said instrument to be his voluntary act and dee . --• Notary Public for Oregon My commission expires: Accepted on behalf of the Ci Ti City of Tigard this day of ,2009. City Engineer N:\proj\328-01 I\Word\3281 l EstnntBIKE WAY.doc 2003-79811 ALPHA ENGINEERING, INC. EXHIBIT "A" MAY 16,2003 LEGAL DESCRIPTION JOB NO.328-011 PEDESTRIAN ACCESS EASEMENT A VARIABLE WIDTH PEDESTRIAN ACCESS EASEMENT LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" IN THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF A RIGHT-OF-WAY DEDICATION TO THE CITY OF TIGARD PER DEED DOCUMENT NO. , WHICH BEARS NORTH 870 39' 27" WEST 463.72 FEET AND SOUTH 02° 20' 33" WEST 42.08 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2;THENCE LEAVING SAID SOUTH LINE, SOUTH 020 19' 46" WEST, 15.17 FEET;THENCE SOUTH 76°46' 23"EAST,38.98 FEET;THENCE SOUTH 330 04' 26" EAST, 40.39 FEET; THENCE SOUTH 13° 13' 37" WEST, 115.72 FEET; THENCE SOUTH 160 46' 32" EAST, 72.40 FEET; THENCE SOUTH 43° 45' 12" EAST, 21.15 FEET; THENCE SOUTH 66° 37' 02" EAST, 89.90 FEET; THENCE SOUTH 870 40' 06"EAST, 84.30 FEET;THENCE SOUTH 020 19' 52" WEST, 13.78 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG SAID SOUTH LINE, NORTH 870 40' 08" WEST, 90.27 FEET; THENCE LEAVING SAID SOUTH LINE,NORTH 66°37' 02"WEST,89.17 FEET; THENCE NORTH 430 45' 12" WEST, 38.95 FEET; THENCE NORTH 16° 46' 32" WEST, 72.80 FEET; THENCE NORTH 130 13' 37" EAST, 116.86 FEET; THENCE NORTH 110 52' 58" WEST, 5.00 FEET THENCE NORTH 330 04' 26" WEST, 18.06 FEET; THENCE - - NORTH 760 46' 23" WEST, 37.57 FEET; THENCE SOUTH 390 04' 09"WEST, 1.96 FEET;THENCE NORTH 760 46' 23"WEST, 15.56 FEET;THENCE NORTH 390 04' 09" EAST, 11.51 FEET; THENCE NORTH 02° 19' 46" EAST, 15.28 FEET, TO A POINT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY DEDICATION;THENCE ALONG SAID LINE, ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, BEING CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 10 39' 57", 14.83 FEET (CHORD BEARS NORTH 80° 15' 09"EAST, 14.83 FEET), TO THE POINT OF BEGINNING; CONTAINING APPROXIMATELY 7,682 SQUARE FEET,OR 0.18 ACRE. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS SURVEY NO. 29,167, WASHINGTON COUNTY SURVEY RECORDS. Plaza West•Suite 230.9600 SW Oak•Portland,Oregon 97223 !<' Office 503-452-8003 •Fax 503452-8043 ................ . IIIIIIIIIIIIIIIIIIIiill� NORTH LINE _ 2003-79811 LOT 2 N 87 39 27 W' ---------------- / 463.72 PARCEL VIII OF 97097055 BO 3 - OK 141, PAGE 509 ---------------- ————6=1'39'57" MSI I ———— o RIGHT-OF-WAY R=510.00' w oo DEDICATION TO CB'4.83N80'15'09"E, N I .0 p Z o CITY OF TIGARD 14.83' o z oN INo Z z o N `v� OW o3 Z16 '38.98' a- w S Is46'23� �+ w w "FANNO POINTE �� Z. CONDOMINIUMS" w 76 46, ,CN 1 ZL� °°' < O V) ' c 1 z N PEDESTRIAN A Ld Z ACCESS EASEMENT O O �� M a- c) M M O Z a- �" to/ �2 1 SCALE: ° FANNO POINTE pi CONDOMINIUMS" �N. 1 vj w 1-1 Ns W 1(� y q DESCRIPTION SKETCH TO ACCOMPANY LEGAL D I 1� . PUBLIC PEDESTRIAN ACCESS EASEMENT W LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" 41R�se9s IN THE SOUTHWEST ONE-QUARTER OF SECTION 1, W TOWNSHIP 2 SOUTH, .RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON N A 0 20 DRAWN BY: RLM DATE:4/23/03 U ,b REVIEWED BY: MRc DATE:4/07/03 ' o PROJECT NO.: 328-011 ALPHA ENG EEM NO INC. ° SCALE' 1" = 40 PLANNING:DUMPI M SERVICES,SURVEYING E m N OFFICE 503-452-80031,FA%503-452-8043 n PLAZA 10351'•RM 230 9800 311 OAK;PORTLOD,OR 97229 Request to Record a Document From: Jelderks/Nguyen Date: 6/8/06 Charge to Department: Engineering 2250. Account#: 210-6300-753470 (if not from general Records account) Ext.: 2465 Clerk's Index Search Words Does your document contain the following items: [:]Address (If applicable) ®Owner(s)/Company ❑Tax Lot(If applicable) ®File No. ❑Location (If no address or tax lot) ®Document Type (Dedication Deed/Utility Easement, etc.) If the items listed above are not evident in the document, please include these items in the spaces below, along with any additional Clerk's Index Search Words you would like. to use. Fanno Pointe Condominiums Owner's Association ST06-03 Wall extension 360 ft from Hall Declaration of Covenants and Restrictions Comments: This documents was prepared by the City's-.Attorney. Normally the — City does not record Declaration of Covenants and Restrictions, however, the City initiated and negotiated changes and the City agreed to pay for recording of the Delcaration. * * * * * FOR RECORDS STAFF USE ONLY Date to County: Date Returned: Estimated Cost: Entered Cl: Actual Cost: Copies Distributed: Recording #: Labeled & Filed: Comments- document2i1engum-tow ty dp%all blvd-v fl st intersection phase 2-360'to haftecords rew�ng request-fanno pointe condo dedambon mm restr 6-8-06.doc .. . t S AGREEMENT BETWEEN CITY OF TIGARD AND FANNO POINTE CONDOMINIUM OWNERS' ASSOCIATION This agreement is between the Fanno Pointe Condominium Owners' Association, an Oregon Corporation (FPCA) and the City of Tigard, a municipal corporation(City). Recitals A. FPCA owns property located at the southeast corner of Hall and Wall Streets in the City (the Property). B. The City is developing a new alignment of Wall Street adjacent to the Property. In connection with these actions, the City will be providing mitigation for wetlands impacts, as required by the permit issued by the Oregon Department of State Lands. The street, wetland mitigation, and related improvements and activities are collectively referred to as the "Project." C. The City is obtaining a permit to mitigate wetlands located on the Property. D. The parties wish to continue their cooperative efforts to improve wetlands located on the property and to otherwise cooperate regarding matters arising out of the proximity of the Property to City right-of-way and other City property. Terms of Agreement - - -1. -FPGA shall-sign-a-Declaratiomof-Covenants-and-Restrictions--for-the-Property in-the-form-of the attached Exhibit 1. 2. City shall pay FPCA $6,500 for material, construction and other necessary costs for the installation of a chain link fence on the Property along the westerly boundary of the pedestrian and bicycle easement on the property,as shown in Exhibit E to Exhibit 1. FPCA shall be responsible for maintenance of the fence at its own expense. Payment shall be made within 60 days of execution of this Agreement. The fence shall be constructed within 1 year of the completion of the Wall Street construction project. In the event that the cost of construction of the fence is less than $6,500.00, FPCA shall use the excess funds for maintenance of its Property. 3. The City shall maintain the culvert being installed as part of the Project. 4. The City shall construct the Project in accord with the approved plans for the Project and in accord with Permit requirements. Part of the project to be constructed by the City is to remove the current access from FPCA's property to Hall Boulevard, and replace it with curbing,a planter strip, and sidewalk consistent with the existing curbing,planter strip,and sidewalk on both sides of the current access. The City will not close the current access until the new access off Wall Street is available. The City will comply with all requirements imposed by the Permit including those relating to replacement of vegetation. FPCA does not have any responsibilities under the Permit, but has only the general maintenance responsibilities as to its Property that any property owner has. 5. The City shall maintain the walking trail being developed as part of the Project. FANNO POINTE CONDOMINIUM THE CITY OF TIGARD, an Oregon OWNERS' ASSOCIATION, an Oregon municipal corporation Corpor tion �7 By: By-. Name: a 'e: e Title: Title:'20e G 7� EXHIBIT 1 After recording return to: CITV OF TIGARD ATTN: CITY RECORDER 13125 SW HALL BLVD TIGARD, OR 97223 DECLARATION OF COVENANTS AND RESTRICTIONS � rf=T/ THIS DECLARATION is made this _day of dat 2006, by Fanno Pointe Condominiums Owners' Ass ion, an Oregon corporation, ("Declarant"). RECITALS A. WHEREAS, Declarant is the owner of one tract of real property located in the City of Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this reference incorporated herein and referred to as the "Property", with a graphic depiction of the Property set forth in Exhibit "B" attached; and B. WHEREAS, the City of Tigard ("Tigard") intends to construct, maintain, repair and reconstruct certain roadway and path improvements and utilities, adjacent to the Property (the "Project"); and C. WHEREAS, Declarant desires to assure that the Project is constructed, maintained, repaired and reconstructed in a manner in conformity with preservation and mitigation of wetlands located on the Property to be maintained in accordance with the Permit approved-by the Oregon" Department of State Lands ("Department"), which wetlands are described in Exhibit "C" and graphically depicted in Exhibit "D" attached; and D. WHEREAS, in order to accomplish the purposes described above, Declarant desires to provide for the preservation and enhancement of the wetland values of the Property and for the maintenance and 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. NOW, THEREFORE, the Declarant declares that, subject to all existing covenants and encumbrances, the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions set forth in this Declaration. CADocuments and Settings\Me\Local Settings\Tern ffanno Pointe Covs&Restrictions 5(040406).DOC ARTICLE 1 DEFINITIONS 1.1 "Declaration" shall mean the covenants, restrictions, and all other provisions set forth in this Declaration of Covenants and Restrictions. 1.2 "Declarant" shall mean and refer to Fanno Pointe Condominiums Owners' Association, an Oregon nonprofit corporation, and its successors or assigns in ownership of the Property or any portion thereof, 1.3 "Permit" shall mean the final document approved by the Department for wetland mitigation relating to the Wetlands Area which sets forth the teens and conditions of construction, operation and long-term management of the Wetlands Area. 1.4 "Property" shall mean and refer to the real property subject to this Declaration. 1.5 "Wetlands Area" shall mean that portion of the Property designated as wetlands in, and subject to, the Permit as described in Exhibits "C" and "D" attached. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 The Property that is subject to the terms of this Declaration is located in the City of Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached and incorporated herein. ARTICLE 3 OWNERSHIP OF PROPERTY 3.1 Declarant currently owns and manages the Property. ARTICLE 4 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES 4.1 The Wetlands Area of the Property shall be used and managed for wetland mitigation purposes in accordance with the Permit. Declarant and all users of the Property are subject the following covenants and restrictions of record affecting the Wetlands Areas of the Property: 4.1.1 There shall be no removal, destruction, cutting, trimming, mowing, alteration or spraying with biocides of any vegetation in the Wetlands Area, except for the purpose of invasive species control, nor any disturbance or change in the natural habitat of the Property; CADocuments and Settings\Me\Local Settings\Tern ffanno Pointe Covs&Restrictions 5(040406).DOC 4.1.2 There shall be no agricultural, commercial, or industrial activity undertaken or allowed in Wetlands Area; 4.1.3 Signs shall be installed on the Property adjacent to the Wetlands Area requesting no entry into the Wetlands Area. 4.1.4 There shall be no filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock minerals or other materials, nor any dumping of ashes, trash, garbage, or of any other material, and no changing of the topography of the land of the Wetlands Area in any manner, except in accordance with state and federal wetland permitting requirements. 4.1.5 There shall be no construction or placing of buildings, mobile homes, advertising signs, billboards, or other advertising material, or other structures in the Wetlands Area. ARTICLE 5 CONSIDERATION 5.1 In consideration for the agreement of Declarant to impose on the property the covenants contained herein, Tigard has agreed to pay for the construction by Declarant of a chain link fence on the Property to be maintained by Declarant, in accordance with plans, specifications and costs mutually acceptable to the parties, along the westerly boundary of an existing pedestrian and bicycle easement on the Property as generally described in Exhibit "E" attached hereto. ARTICLE 6 RESOLUTION OF DOCUMENT CONFLICTS 6.1 In the event of any conflict between this Declaration and the Permit, the permit shall control. IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed this instrument this4r�day of '52006 Fanno Pointe Condominiums Owners' Association, an Oregon corpora on Title: (Notary Acknowledgment on following page) GAReal_Estate\Tigard\Wall Street ExtensionTanno Pointe Covs&Restrictions 5(040406).DOC STATE OF OREGON ) ss: County of lk"nc ) This in trument was acknowledged before me on _ 5 t!2 -20 0(0 by as )0 � � /�� of Fanno Pointe -f (- Condominiums Owners' Asso ' tion. -OFFrAi 'S' Si ature of Not ri 1 ficer MACIE D BRIGHTMAN g NOTARYPUBU04RBM My Commission Expires: olo OOMMISSION NO 404305 LMy COMMISSION EXPIRES MARCH 30,2010 EXHIBIT A Description of parent tract for Wetland Mitigation Site Deed Restriction-Area No.I A tract of land situated within the boundaries of Fanno Pointe Condominiums Located in the Southeast one-quarter of Section 2 and the Southwest one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, State of Oregon; thence following said boundaries depicted on the Plat of Fanno Pointe Condominiums recorded in Washington County Document No. 2003178861 as follows: Beginning at the Initial Point of Fanno Pointe Condominiums thence North 87°40'08" West 435.90' feet; thence North 00°29'37"East 118.65 feet; thence North 00°19'29"East 156.55 feet to the point of curve of a 10.00 foot radius curve right; thence northeasterly 16.06 feet along the arc of said curve through a central angle of 92°01'04" (the long chord bears North 46°20'01"East 14.39 feet; thence South 87°39'27"East 219.56 feet; thence South 13°13'37"West 67.12 feet; Thence South 77°03'30"West 105.56 feet; thence South 12°56'30"East 97.40 feet;thence South 87°40'06"East 29.88 feet; thence North 75°14'57"East 125.95 feet; thence North 58°13'37"East 35.70 feet; thence South 76°46'23"East 107.66 feet; thence South 13°13'37"West 52.10 feet; thence South 16°45'32"East 88.02 feet to the Initial Point. Expires 12/31/04 REGISTERED PROFESSIONAL LAND-SURVEYOR� rC REGON UST 22,1975 W.MORELAND 1033 629 Parent Fanno.doc January 14, 2005 EXH/B/T "B " PARENT TRACT FOR WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1 Located within the SE 1/4 of Section 2, and the SW 1/4 of Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon CITY OF T/GARD Lot 1 Edgewood / / 8 PUE o NE CORNER Ll POB _ N 45.6 29= i W�'�' / / LOT 2, E GEwom 19.79 � /� j S 00,19:229, N 8739 27" W - 846.68 j S 02 52'01" W 29.72 S BT0.01 E Fields to public 20.01 S 8T3927" E-219. 1=92'01'04"— R=10.00 04"R=10.00 + + + + + L=16.06 ++++++ LC=14.39 CB=N 46'20'01" E ++++++ + �, FANNO PO/NTE N + + CONDOM/N/UMS + +++++ 105., W y STAGE 2 o " + N S 77'03 Q 210,7 S 6o4 E oo =� = r^ 35.70 j"� CITY OF T/GARD N 58'13'37` E LnCd h :� 29.88 � o S 87'40'06" E * a FANNO PO/NTE CONDOMINIUMS NN N 87'40'08" W-435.90 rn Ex fres 12 31 06 Initial Point of REGISTERED Fanno Pointe PROFESSIONAL 100 50 0 100 Prepared by: Condominiums plot LAND S U RVEYO R DEHAAS 8c - % >� SCALE 1=100' ASSOCIA TES, INC ' SUITE 300 - A.G.C. CENTER OREGON 9450 S.W. COMMERCE CIRCLE Prepared for. AUGUST 22, 1975 02.629.118 WILSONVILLE, OREGON 97070 The CITY of T/GARD ROGER W. MORELAND 629_REST_FAN-B.OWG PHONE.• (503) 682-2450 1033 01/17/05 EXHIBIT C Wetland Mitigation Site Deed Restriction—Area No. 1 A tract of land located in Lot 2, "BDGEWOOD"in the S.E. 1/4 of the S.E. 1/4 of Section 2, Township 2 South,Range 1 West, of the Willamette Meridian, Washington County, State of Oregon, said tract is more particularly described as follows: Beginning at a 5/8 inch iron rod with yellow plastic cap marked"DEHAAS ASSOC. INC."monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision which plat is recorded in Washington County Plat Book 2 Page 73; thence North 87°39'27" West 653.82 feet to a point on the South line of said Lot 1, said point also being on the most northerly line of that tract of land described in Dedication Deed recorded in Washington County Document 2003-137807,thence South 02°20'33 West 55.00 feet to a point on the most northerly boundary line of FANNO POINTE CONDOMINIUMS which plat is recorded in Washington County Document No. 2003178861 and the TRUE POINT OF BEGINNING; thence South 87°39'27"East a distance of 58.97 feet; thence South 13°13'37"West 6.67 feet; thence South 55°36'04"West 8.47 feet; thence South 70°52'53"West 35.99 feet; thence South 40020'22"West 35.12 feet; thence South 52012'46"West 50.21 feet; Thence South 61°12'43"West 73.62 feet; thence South 73059'54"West 36.83 feet; thence North 04°13'08"West 27.47 feet; thence North 76'39'16"East 20.88 feet; thence North 60°19'52"East 30.47 feet; thence North 21°19'46"East 18.14 feet; thence North41°03'38"East 74.28 feet; thence North 72054'22"East 30.85 feet to a point on the aforementioned most northerly boundary line of FANNO POINTE CONDOMINIUMS; thence South 87039'27"East 16.29 feet to the TRUE POINT OF BEGINNING and containing 8,628 square feet of land. Expires 12/31/04 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON AUGUST 22,1975 ROGER W. MORELAND 1033 629 T Fanno January 14, 2005 &iXHIBI T 'D WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1 Located within the SE 1/4 of SE 1/4 Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon LEGEND POB SOUTHEAST CORNER OF POB POINT OF BEG/NN/NG // X LOT 1, EDGEWOOD TPOB TRUE PO/NT OF BEG/NN/NG ZZLOT FOUND 5/8" /R/YPC 1 EDGEWOOD MARKED "DEHAAS & ASSOC. IVC "��Rl 653 g2 R/W RIGHT—OF—WAY 8*3.68 8' PUE PU lc,1 To 2pp3 8 PUE o021p (FIELO N 39 N E/ N 13'1337" E �TpN T39g97 0 N 5 6.67 N 72'54 22" E — g N 55'36 04" E 30.85 / 16.291 yh9 8.47 �- PointeSr39,2,'�/ / ry For1n�blic pA jINiU 5 TOTAL SO FT- 8628 a to P RAY Bp GoNppM CO NO NjPpiNTE CSS AN ,�ti �`� FANNO PO/NTE LOT 2 EDGEWOOD hry h CONDOMINIUMS o, STAGE 2 N 21'1946" E 18.14 N 76'39'16" E 20.88 C� �h tK 1tik 6ti FANNO POINTE Z CONDOMINIUMS 'S� Ex fres 12 31 06 N��: 1��6�� REGISTERED PROFESSIONAL Prepared by.' Prepared for.' LAND SURVEYOR DEHAAS & The CITY of T/GARD� /,U PLAN ASSOC/A TES, INC. �F� SUITE 300 - A.G.C. CENTER / OREGON Sco%.' 1'=40' 9450 S W. COMMERCE CIRCLE AUGUST 22, 1975 01/17/05 WILSONVILLE,, OREGON 97070 ROGER W. MORELAND 629-REST-FAN-D.DWG PHONE. (503) 682-2450 1033 02.629.118 E�TAIf AI yya: n County,Oregon AYYl .' 46E99 gsno,<oga 09:15:16 AM 2003-079811 D•DD Cnt.1 Stn-21 RHCORD81 $15.00$0.00 311.00.Total a$32.00 ' RETURN RECORDED DOCUMENT TO: III II III I III III 11111111111111111 CITY HALL RECORDS DEPARTMENT, 0031899 I11111111111111 5200300798110030032 13125 SW Hall Blvd. I Jany Hsnaen,Dtreatorof As....m.ntand Tamsuen Tigard,OR 97223 Gd Ea 011leto County CJLrer Washington County, pen,de honey WUIu that the wtudn Instrument of wlang was neeived.nd neordad ln,Ne book of �� neorda of said county. [��y`` s0r CORPORATION .bry a Hanson,Dlr.etwDM,.•.ament and Ta:aaon, avwelo County Cle,s FileNo.W02-_000/2 - - - - - - — — — --.. DEDICATION DEED BIKEWAY AND PEDESTRIAN WAY Fanno Pointe L.L.C.a Washington Limited Liability Company hereinafter called the Grantors,grant and convey unto the City of Tigard a perpetual easement over,across,and under the land and real property located at a Portion of Lot 2"Edgewood",City of Tigard,Washington County,Oregon and described in the attached Exhibit "A"for a bicycle way and pedestrian way,which may be used by pedestrians and non-motorized mechanical means of transportation,such as bicycles and for no other purposes. The Grantee shall have the right to place, construct,operate,replace,maintain,inspect,reconstruct,install necessary improvements,and in connection therewith may remove and trees,shrubs,or brush necessary or convenient to accomplish said purposes. 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 Grantors 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 Grantors,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 40 day of'M*-, .20 OZ. 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 W0, C.,a Washin on Corporation,it's Manager Zd Gutschmidt,,45 T 1/,Paf OFINO,INC.,a Washington Corporation CORPORATE ACKNOWLEDGEMENT STATE OF OREGON OFFICIAL SEAL Countyof LLAS M-67D/✓ JAMES F CHRISTMAS NOTARY PUBLIC-OREGON COMMISSION NO.327005 This was acknowledged before me on /Z 2003 MY COMMISSION EXPIRES NOV 28,2003 by: David Gutschmidt,A_5TVP of Tofmo,Inc.,a Washington Corporation, and the foregoing was signed on behalf of said entity;and he acknowledged said instrument to be his voluntary act and dee . Notary Public for Oregon My commission expires: Accepted on behalf of the City of Tigard this 19'day of 2003, a . p — City Engineer N:\pt-oj\32 M I I\Word\3281 I ESmntB IKE WAY.doc 2003-79811 ALPHA ENGINEERING, INC:. EXHIBIT "A" MAY 16,2003 LEGAL DESCRIPTION JOB NO.328-011 PEDESTRIAN ACCESS EASEMENT A VARIABLE WIDTH PEDESTRIAN ACCESS EASEMENT LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" IN THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGECOUNTY E WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE RIGHTN0. DEDICATION TO THE CITY OF TIGARD PER DED DOCUMENT , WHICH BEARS NORTH 870 39' 27" WEST 463.72 FEET AND SOUTH 020 20' 33" WEST 42.08 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2;THENCE LEAVING SAID SOUTH LINE, SOUTH 020 19' 46"WEST, 15.17 FEET;THENCE SOUTH 76°46'23"EAST,38.98 FEET;THENCE SOUTH 330 04' 26" EAST, 40.39 FEET; THENCE SOUTH 130 13' 37" WEST, 115.72 FEET; THENCE SOUTH 160 46' 32" EAST, 72.40 FEET; THENCE SOUTH 43° 45' 12" EAST, 21.15 FEET; THENCE SOUTH 66° 37' 02" EAST, 89.90 FEET; THENCE SOUTH 870 40' 06"EAST,84.30 FEET;THENCE SOUTH 020 19' 52"WEST, 13.78 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG SAID SOUTH LINE,NORTH 870 40' 08" WEST,90.27 FEET; THENCE LEAVING SAID SOUTH LINE,NORTH 660 37' 02"WEST, 89.17 FEET;THENCE NORTH 430 45' 12" WEST, 38.95 FEET; THENCE NORTH 160 46' 32" WEST, 72.80 FEET; THENCE NORTH 130 l3' 37 EAST, 116.86 FEET; THENCE NORTH 11-9 52' 581" WEST, 5.00 FEET THENCE NORTH 330 04' 26" WEST, 18.06 FEET; THENCE NORTH 760 46' 23"WEST,37.57 FEET;THENCE SOUTH 390 04' 09"WEST, 1.96 FEET;THENCE NORTH 760 46' 23"WEST, 15.56 FEET;THENCE NORTH 39°04' 09" EAST, 11.51 FEET; THENCE NORTH 020 19' 46" EAST, 15.28 FEET, TO A POINT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY DEDICATION;THENCE ALONG SAID LINE, ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, BEING CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 10 39' EARS ORTH 800 15' 4.83 TO TH57", NT FEET(CHORD 0 F BEGIINNINGBCONT NAINING APPRO 09lXIMATELYU7,682 SQ THE POINT ARE FEET,OR 0.18 ACRE. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS SURVEY NO. 29,167, WASHINGTON COUNTY SURVEY RECORDS. Plaza West-Suite 230.9600 SW Oak•Portland,Oregon 97223 Office 503452-8003-Fax 503452-8043 2003-79_811 NORTH LINE N 8739'27" W // LOT 2 463.72' '------- --------- / — -------- PARCEL VIII OF 97097055 BOO 3 — K 141, PAGE 509 --————— I --------------X1'39'57"--__Mg R=510.00' °l- 3 I N RIGHT—OF—WAY W SNI DEDICATION TO =14.83 o I 0 z 0 C8=N80'15 09 E, •r N — CITY OF TIGARD 14.83' ��-r z ix: ISO _Z L 00 Ouj O � Vl Q O 3 s1. ?3� m w o »FANNO POINTE N �s�'i3 Z w IN 37 �. s7' �1 ° CONDOMINIUMS" Lu 76' o Lu �om I- „0'0 ba No I Q (n 5 Z ° N PEDESTRIAN A " V) ACCESS EASEMENT =+3 0 0a. 0 1 � 1 SCALE: 1 = 40' IZ 1 a "FANNO POINTE a CONDOMINIUMS" IN. 1 1� N, 10. N SKETCH TO ACCOMPANY LEGAL DESCRIPTION PUBLIC PEDESTRIAN ACCESS EASEMENT LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" irs i..\ IN THE SOUTHWEST ONE-QUARTER OF SECTION 1, W TOWNSHIP 2 SOUTH, .RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON H 20 ^ Q DRAWN BY: RLM DATE:4/23/03 U REVIEWED BY: MRc DATE-4/07/03 PROJECT NO.: 328-011 ALPHA EN MEERING INC a SCALE' 1" = 40' PUN M4 DEVSWFAM SKIMC a.SDsvEx G ^ ^ 0MCB 509-452-8009 a FAX 509-452-8049 0 PUU Mg,MM 230 H 9800 Ss OAK,PO$TUND,OB 97229