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Fanno Creek Place - Harvey King - License for Uses of Property • ' - a RECEIVED JAN - 81979 a LICENSE CITY OF TIGARD W cQ CD This license, given by the City of Tigard, entitles o OD Harvey King (hereafter "grantee"), his successors and assigns, to the certain limited, described uses of the real property described in Exhibit "A," which will hereafter be referred to as "the subject property." The subject property is a portion of a dedicated but undeveloped and unaccepted public street right-of-way. By this license the City of Tigard grants to grantee the rights to make the following uses of the subject property: 1. To park cars, trucks, and other machinery. (This right includes the right to pave, to mark the pavement, to construct curbs, and make such other improvements and alterations to the land as may be reasonably necessary to facilitate the described use and to meet rel- evant requirements of the Tigard Muncipal Code and such land-use requirements and limi- tations as the City may impose from time to time.) 2. To landscape. 3. To place upon the subject property piping, wiring, meter boxes, and such other similar ancillary equipment, machinery, and supplies as may be useful to any legal business or residential use of the adjacent parcel described in Exhibit "B," which is hereby incorporated. The limitations on this license include the following: A. If at any time the City or any other government or any person, partnership, or corporation pro- poses the opening, improvement, or governmental acceptance of, the subject property as an improved public street or road, grantee shall remove at his expense and within 90 days of receipt of written notice to do so from the City any curbs, fences, walls, berms, trees, or other impedi- ments to the opening of the subject property for public travel. (The City shall not give the described notice until it has authorized the improvement of the subject property as a public street or road and satisfied itself as to the proposed developer's good faith intent to make the improvement and his or its capacity to accomplish the project.) The opening, improvement, or governmental acceptance of the subject property as an improved public street or road shall not give rise to an action or suit for damages to grantee, his successors and assigns. It is specifically agreed by grantee that if the opening, improvement, or governmental accept- ance of the subject property occurs any violations of the land-use regulations of any government caused by the loss of use of the subject property shall be the responsibility of grantee, his successors and assigns, and he or they shall take such action as may then be required by relevant laws and land-use regulations, without cost to the City or any other government. B. Grantee accepts responsibility for the care and maintenance of the subject property, and agrees to hold the City and any other govern- ment harmless from any claim arising out of the maintenance of the subject property, its condition, and the operation, condition and maintenance of all equipment, supplies, structures, and artificial conditions placed upon or created upon the subject property. C. This license shall not entitle grantee to use of the subject property for the purpose of providing access to any tract of land other than that described in Exhibit "B." D. This license shall expire 99 years from the latest date written beside the signatures at the end of this document, unless sooner ter- minated by other conditions recited in this document or by the consent of all parties. Executed this /e)%A, day of De-c_ e ML e r- , 19 7'1 on 2 - LICENSE behalf of the City of Tigard: t Subscribed and sworn to before me thi6/ /C )7- day of 19. N tary Public for Oregon My commission expires: Ir=©b Executed by Harvey King this Z/A. day of 1901 c Subscribed and sworn to before e this l day of 19 Notary Public for O on 't. My commission expires: 3 3 - LICENSE EXHIBIT "A" That portion of that 30-foot-wide road, easterly of, and adjacent to the west boundary of Lots 21, 22 and 23, Fanno Creek Acre Tracts, a duly recorded subdivision in Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. L EXHIBIT "B" Lots 21, 22, and 23, Fanno Creek Acre Tracts, a duly recorded subdivision in Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. STATE OF OREGON County of Washington = SS I, Roger -Thomssen,' Director of Records and Elections and Ex-Officio.'Recorder of Con- veyances for said county, do4heretiy,certify that the within instrument of vy~if4vva's;received and recorded in book of rec6rds,6f saidbounty. f;OGER,THOMSSEN,.Ditector of Records & Elections_ Return to: City of Tigard PO Box 23397 Tigard, OR 97223 I J4N'Zj 1 I , r~,AH 980 INDEXED of LICENSE This license, given by the City of Tigard, entitles Harvey King (hereafter "grantee"), his successors and assigns, to the certain limited, described uses of the real property described in Exhibit "A," which will hereafter be referred to as "the subject property." The subject property is a portion of a dedicated but undeveloped and unaccepted public street right-of-way. By this license the City of Tigard grants to grantee the rights to make the following uses of the subject property: 1. To park cars, trucks, and other machinery. (This right includes the right to pave, to mark the pavement, to construct curbs, and make such other improvements and alterations to the land as may be reasonably necessary to facilitate the described use and to meet rel- evant requirements of the Tigard Muncipal Code and such land-use requirements and limi- tations as the City may impose from time to time.) 2. To landscape. 3. To place upon the subject property piping, wiring, meter boxes, and such other similar ancillary equipment, machinery, and supplies as may be useful to any legal business or residential use of the adjacent parcel described in Exhibit "B," which is hereby incorporated. The limitations on this license include the following: A. If at any time the City or any other government or any person, partnership, or corporation pro- poses the opening, improvement, or governmental acceptance of the subject property as an-improved public street or road, grantee shall remove at his expense and within 90 days of receipt of written notice to do so from the City any curbs, fences, walls, berms, trees, or other impedi- ments to the opening of the subject property for public travel. (The City shall not give the described notice until it has authorized the improvement of the subject property as a public street or road and satisfied itself as to the proposed developer's good faith intent to make the improvement and his or its capacity to accomplish the project.) The opening, improvement, or governmental acceptance of the subject property as an improved.public street or road shall not give rise to an action or suit for damages to grantee, his successors and assigns. It is specifically agreed by grantee that if the opening, improvement, or governmental accept- ance of the subject property occurs any violations of the land-use regulations of any government caused by the loss of use of the subject property shall be the responsibility of grantee, his successors and assigns, and he or they shall take such action as may then be required by relevant laws and.land-use regulations, without cost to the City or any other government. B. Grantee accepts responsibility for the care and maintenance of the subject property, and agrees to hold the City and any other govern- ment harmless from any claim arising out of the maintenance of the subject property, its condition, and the operation, condition and maintenance of all equipment, supplies, structures, and artificial conditions placed upon or created upon the subject property. C. This license shall not entitle grantee to use of the subject property for the purpose of providing access to any tract of land other than that described in Exhibit "B." D. This license shall expire 99 years from the latest date written beside the signatures at the end of this document, unless sooner ter- minated by other conditions recited in this document or by the consent of all parties. Executed this /0-1-1- day of 19on 2 - LICENSE 13ehalf of the City of Tigard: r Subscribed and sworn,to before me this day of for Oregon ktar4yMP~ubblllic' My commission expires: Executed by Harvey King this L/ -day of 19L. Subscribed and sworn to before me his day of ~ 19 ZS Q Notary Public fo ego' My commission expires: - 3 - LICENSE EXHIBIT "A" That portion of that 30-foot-wide road, easterly of, and adjacent to the west boundary of Lots 21, 22 and 23, Fanno Creek Acre Tracts, a duly recorded subdivision in Section 12, Township 2 South, Range 1 West, Willamette Meridian,,Washington County, Oregon. EXHIBIT "B" Lots 21, 22, and 23, Fanno Creek Acre Tracts, a duly recorded subdivision in Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. Ova : Mx. MaTV$Y Wive Q5 SW-BeTuax 97201 Ohand: 0,08011, 'Joe. Liceu$o . . pot Stteat gW F&TOO C#eck Piace which . 'been recpxdad Res. has .MY ~ Kingt : , ~entione~d lice'nae, , ` . • above e contact peax the ' a COED' off: m~►tte~'. Elea Deed. i's ,rount9• this Bnci Wa~hint`~n xesaYdinB . .1itR oestioins t fu's ~1ex 4 anY 7 f you have o f f i:ce ! eiagexel9' pore gax ti$. City RccQxdex january 210 1960. ' . Mr...'Rogetxt Thomason. WashibSton'County rAdmin'. Bldg. 150 •N. First Hillsboro, Aragon 97123 Dear Mr. Thomssens: Bxiclqead is a ihack in me amount of $72.50 tp cover, the recording. fees . for the following; dog ''eats:: . Eeervqy 'Ring Sold ' License Seiner.Easements for Hawback,,Gray, Crothera and C~mp~ell Thank you for. yourt~kentioa: in this.' matter. 'Sincerely. Doris. Hertig City Recorder pHtlw ; SACS CITY-OF TIGARD -12420 S.W. N - TIGARD, OREGON 97223 ' RECiaPT DATE: ~t(7 AMOUNT: $ 7 U 5 DOLLARS NAME: CASH: ADDRESS: CHEC~ P Q M.O.: # OF FOR: ACCT. # PERMITS SURCHARGE AMOUNT SEWER BILLINGS 40-364 $ BUSINESS LICENSE 05-331 PLUMBING PERMIT 05-332 $ MECHANICAL PERMIT 05-332 BUILDING PERMIT 05-333 SEWER CONNECTION 40-363 SEWER INSPECTION 40-365 SYSTEM DEV. CHARGE 25-366 PARK DEV. CHARGE #1 30-367 PARK DEV. CHARGE #2 30-368 ZONING ADJUSTMENTS _ 05-362 TOTALS $ $ / 7, Sid RECEIVED BY: PERMIT NUMBERS ASSIGNED: Number Amount Number Amount Number Amount s S $ S S S S S S $ $ RECEIPT - 4804 December 20, 1979 Mr. Harvey -E s King . 4505 S,14. Bernard .Drive Portland, Oregon'97201 ket Harvey King. License Dear Mr. King: Enclosed is the signed original copy plug two„extro copies of the .license bet~Yee'n the City. of Tigard and Harvey .King. Upon completion of signature by you, please return'the original copy plus.one.copy,. keeping one copy for your files-..- Also send,a check in the'.amount of $17.50, made .out to the City of Tigard, to cover costs of, reco,rdin fees urith Washington County. [When this has been recordod.`ruith -the county, we will send you arecorded copy for your files. If you have any questions in this matter please feel free.t6 call use at 639-4171. Sincerely yours, Doris Harti ,City Recorder DHslm Enc.