95-072171 1
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STATE OF OREGON
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Cmoeunnttyand0,4,,mon,man ‘ - ,.
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of Washington
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Clerk focaaKt-d • „ . 7. *a . ca
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• After Recording Return Copy of R. _ ded Document to:
City Recorder '= City of Tigard
13125 SW Hall. Blvd. = Tigard, OR 97223
I
ENCROACHMENT AGREEMENT
LOT 38 OF WAVERLY ESTATES SUBDIVISION
THIS AGREEMENT entered into this 1i day of e ter , 1995, between the CITY OF
TIGARD (hereafter "City ") and Royal Oaks Development Co.., (hereafter "Owners ").
WITNESSETH:
That the City, its successors and assigns, hereby grants, bargains, sells, and conveys unto the said Owners
and their assigns, the right, power, and authority to lay down, construct, and perpetually maintain a
portion of a portion of a deck of the proposed residence corresponding to the . plot plan attached hereto,
encroaching on the easement held by the City, said easement being over the following described
property:
The southerly 15.00 feet of Lot 38, Waverly Estates Plat, as recorded in Plat Book 92
Pages 9, 10, & 11 of plats, Washington County Records.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access to and repairing the public utility lines due to the encroachment
on the easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment; -
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when
based upon competitive bids obtained by the City or upon the written opinion of costs by an
independent registered engineer selected by the City. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
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 Owners.
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It is further covenanted and agreed between the parties hereto, their heirs and assigns, that this agreement
shall continue only so long as the encroachment is constructed in conformance to the plot plan and
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non - conformance to the plot plan or discontinuance of such use.
IN WITNESS WHEREOF, I hereunto set my hand on this & day of 19 PC.
ftkOyil-L D q Ks A£.v, CO .
Name of Corporation Signature
i 2046 Si r, 1€4-c PEN Rick —E. IOR. ?Res, EA/ 7
Address Title
TI RO D R et '7 as L i
Signature
Title
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on Dcf 3 19g5 (date) by
SAYIA ig a.. Gc tfre (name(s) of person(s)) as
l r S∎ ci 4— (type of authority, e.g., officer, trustee, etc.) of
aA (41es - Thou Go. (name of party on behalf of whom instrument was executed).
6 . -2/m_!.._
OFFICIAL SEAL Notary's Si gnature /
.1�, 19
DIANE M JELDERKS My Commission Expires: 9 7 9 -
w`t: NOTARY PUBLIC - OREGON
`•%;", o COMMISSION NO. 046142
\AY COMMISSION EXPIRES SEPTEMBER 07, 1999
In accordance with Resolution No. 95-'45 of the City of Tigard
City of Tigard �� r
13125 S.W. Hall Blvd. City Administrator
Tigard, OR 97223
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on e l /ag A (date) by William A. Monahan as
City Administrator of the City of Tigard.
Notary's Signature
•, OFFICIAL My Commission Expires: •�j / O J4q
. � CATHERINE WHEATLEY
NOTARY PUBLIC -OREGON
MY COMMISSION EXPIRESS MAY 10 1999
dj /Encroa2.Agr
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TRACT !E OFF WR1JERLY OR,
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' ROYAL OAKS DEVELOPMENT CO.
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12096 S.W. ASPEN RIDGE DR.
' ' : ' TIGIARD, OR 97224 ,
639 -4869
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