2009-076051 Washington County. Oregon 2009-076051
' 08/19/2009 12:27:40 PM
•i D-E Cnt=1 Stn=21 RECORDSI
$25.00 55.00 511.00 - Total = S41.00
j INDIVIDUAL or CORPORATE
01400120200900760510050056
1. Richard Hobernicht. Director of Assessment and -
Taxation and Ex-Officio County Clerk for Washington
File No. County. Oregon. do hereby certify that the within
~~~~Q • instrument of writing was received and recorded in the Ir-}.
book. of records of said coun T
Richard Hobernicht. Director of Assessment and
Cf~'1~'tiW Space above rest
Taxation. Ex-Officio County Clerk
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I
-r% c.Aw,C90XA1%ty ENCROACHMENT AGREEMENT
THIS AGREEMENT is entered into on _lw_T, -L Q91, 2009, between the CITY OF
TIGARD (the "City") andL ~i~ ("Property Owner").
RECITALS
A. Property Owner owns the property located at 14938,SW 116th Pl, Tigard, Oregon
97224, more particularly , described as L. ul
b l r,- H IF k C-~ H -V9 gii,`T~ v c S 1 y tJ , in the
City of Tigard, Washington County, Oregon (the "underlying property").
B. Applicant has recently constructed a deck, a portion of which encroaches into the City's
easement along the southern edge of Property Owner's property (the "encroachment").
See attached exhibit A
C. The City believes that the encroachment may be maintained in place without
significantly interfering with the use of the easement, and is willing to allow the
encroachment to remain, subject to removal only if needed to allow the City to use the
easement.
D. The City therefore agrees to permit the encroachment to remain in place, subject to the
City's right to revoke that permission.
TERMS OF AGREEMENT
Property Owner, on behalf of Property Owner and all future owners of the underlying
property, agrees:
1. To forego any and all claims that Property Owner might have at any time against the
City arising from work performed in the easement due to the encroachment in the
easement, including, but not limited to, damage to or removal of the encroachment;
2. On demand of the City, to remove the encroachment, or such part of it as needed to
allow the City to exercise full use of its easement.
3. If the City deems it necessary to remove the encroachment in order to fully use the
easement, the City may remove all or part of the encroachment or structure connected
to it at any time, with no obligation to replace or repair any part of the encroaching
structure; and
4. To reimburse the City for the total repair expense if the repair work is necessitated by
damage caused by the encroachment. The cause of damage shall be established by the
written opinion of an independent registered engineer selected by the City.
In the event that the City determines that continued occupation of the easement by the
encroachment is inconsistent with the City's right to use the easement, the City may revoke this
agreement. Any such revocation shall be communicated to Property Owner or successor in
interest at least 30 days in advance, unless an emergency situation does not allow the full notice
period.
It is covenanted and agreed between the parties hereto that all the covenants and agreements above
expressed shall be held to run with and bind the property described herein, and shall extend to and
include their heirs, assigns, devisees, lessees, and holders of any kind of and under Property Owner.
This paragraph does not limit the City's unilateral right to terminate this agreement as provided above.
This agreement allows the encroachment as built to remain, but does not allow any expansion of the
encroachment within the easement. If the City undertakes any work that requires removal of the
encroachment, the City will allow the encroachment to be reconstructed without expansion, if
consistent with continued operation of the City's facilities in or use of the easement. All rights and
privileges granted herein by the City shall terminate upon the non-conformance to the plot plan or
discontinuance of such use.
WITNESS our hand this j day of August, 2009.
Property Owner's Signature Property ner's Signature
/T7381 S ~ I
Property Address Mailing Address (i different)
J I ~ ~✓L/~ . ~ 1 z-L~i
STATE OF OREGON)
) ss.
County of Washington)
This instrument was acknowledged before me on 2009 by:
!SiCOE
OFFICIAL SEAL
9HIRL.EY L THAT
NOTARY PUBLIC - OREWOd
COMMISSION N0.418T17 Notary's Signature
MY COMMISSION EXPIRES APRIL 25, 2011.
My Commission Expires: ~~r3S J( 1
In accordance with Section 15.16 of the City of Tigard Municipal
City of Tigard Al,
-
- - . --f 99!
13125 S.W. Hall Blvd. City M Y-Ager
Tigard, OR 97223
STATE OF OREGON)
) ss.
County of Washington)
This instrument was acknowledged before me on AVGU 5T 1'11 ZOO°► (date)
by: LAt G ?P .0 55C-i2 , GI T`l rMA"A & G7P, (naine of person(s))..
0 Ui=FiNGrsoN SEAL
aEE Nota s Signature
NOTARY PLjr3UC-0REGON 27 ZO
MYCGh'vI~;SlC`1. ON A. 4137 272011 My Commission Expires:
AUGUST 1-7,Zc0.3
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