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2008-057204 "`. Was n County, Oregon 2008 -057204 0612*.- .,0811:05:47 AM D-E Cnt =1 Stn =7 K GRUNEWALD 525.00 55.00 511.00 - Total = 541.00 Return Recorded Document to: 1111111111111111 I 11111 1111 111111111111 I City of Tigard — Records Department S 13125 SW Hall Blvd 01265327200800572040050053 1, Richard Hobernicht, Director of Assessment and f` �\ Tigard, ORE 97223 Taxation and Etc-Officio x -Offi cio County Clerk for Washington (0, q Gy 'i 1 Count Oregon, do hereby certify that the within 'f instrument of writing was received and recorded In the book of records of said cou , •.�r .;y. „ ". /CCDtiC/7M.�•C/U f�'••`i"rs'r• `. NO CHANGE IN TAX STATEMENT ; Richard Hobemicht, Director of Assessment and ° r Taxation, Ex- Officio County Clerk n TIGARD COVER PAGE FOR Re- RECORDING: Document 2008 - 040978 to correct the name of the Subdivision Plat from Hoffarber Tracts No. 2 to Hoffarber Tracts portion of lot 35. Name of Transaction: Right- of -Wav Agreement /Encrnachment (Revocable Permit) Name of Person (Grantor, Grantee, etc.): Grantor: City of Tigard Grantee: Mirage Works LLC Saj Jivanjee, Owner The True Consideration for this conveyance is: - Zero - i: lenglpnvate development proiedsvmage storage eng 2007 -00072 - p recorded document correcting name on document S-19-08 doe Wasto - County, Oregon 2008- 040978 05I )8 02:39:56 PM D -E Cnt =2 Stn =21 RECORDSI RETURN RECORDED DOCUIVicNT TO: 520.00 55.00 55.00 511.00 - Total = 541.00 CITY HALL RECORDS DEPARTMENT CITY OF TIGARD go 13125 SW HALL BLVD. 5 TIGARD, OR 97223 j 0124732 - ='.00409780040040 .> I. Richard Hobernicht 1'. for of Assessment and INDIVIDUAL or CORPORATE) - 1 Taxation and Ex-0;,..- County Clerk for Washington County. Ore c hereby certify that the within � .2r. i instrumer - writing was received and recorded in the �:�'•^s 5 boo. ecords of said couryty,., 4 1 c � F '� (�u 4Y u1 � Richard Hobernicht, Director of Assessment and C1, Taxation. Ex- Officio County Clerk File No. _ -- ------------ _____- - - - --J Space above reserved for Washington County Recording Information RIGHT -OF -WAY AGREEMENT/ ENCROACHMENT (REVOCABLE PERMIT) i"- THIS AGREEMENT is entered into on .'it �i, 2008, between the CITY OF TIGARD (the "City ") and Fv► I ( le i -"V S LL( ( "Property Owner "). • RECITALS A. Property Owner owns the property located at 11708 Warner Avenue, Tigard, Oregon 9722 1 S 135DD05200, more partic arly described as L o+ 3 S' d-P Trcc- h Mo, 2 / „ , in the . City of Tigard, Washington County, Oregr "a e "underlying property "). / B. Applicant has constructed or is constructing private utility lines (including fire flow and water lines) and fixtures within the City's right -of -way along the western 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 right -of -way, and is willing to allow the encroachment to remain, subject to removal only if needed to allow the City to use the right -of -way. 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 right -of -way due to the encroachment in the . right -of -way, including, but not limited to, damage to or removal of the encroachment; 2. To reimburse the City forall repair or installation expense that exceeds the expense that would have been incurred if there had not been an encroachment; • • r • 3. The City may determine, in its sole discretion, the materials, means, and methods to be used in performing work within the right -of -way. Expenses for work within the right- of-way 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; and 4. 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 right -of -way. If Property Owner does not remove the encroachment as directed by the City, the City may remove the encroachment at Property Owner's expense; and 5. 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 right -of -way by the encroachment is inconsistent with the City's right to use the right -of -way, 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 right -of -way. 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 right -of -way. All rights and privileges granted herein by the City shall terminate upon the non - conformance to the plot plan or discontinuance of such use. 1 7 WITNESS our h. . this of .! 08.. m/;, Property • Property Owner's Signature Property A . es Mailing Address (if different) P , C4 • Aiy , -riptitio oft 722 STATE OF OREGON) 7 ) ss. County of Washington) This instrument was acknowledged before me on \ , 2008 by: / r I OFFICIALIWAL 4 dAlt J NOTARY ISSIO PUBN NQ LIC Oi , 4187TI iON Notary's Signa e QOYM DARES as, My Commission Expires: In accordance with Section 15.16 of the City of Tigard Municipal Co City of Tigard L lam �l�o- y�.c�_ 13125 S.W. Hall Blvd. City M eer Tigard, OR 97223 STATE OF OREGON) ) ss. County of Washington) ee� ,A, This instrument was acknowledged before me on M OrY 2, 2Trob (date) by: dl 0-i & P055E1 G(T A AAA G & (name of person(s)). ! i ' � ^ OFFICIAL SEAL J BENGTSON ) N ota • COMMISSION Y PUBUC- OREGON ()) y s t. , tar ore NO 4137!2. � MY COMMISSfON EXPIRES APR. 27, 2011 My Commission Expires. 1 " ' c9 /( • • ■ 8.5 •� 8" PVC I)4) 36 k ° SS CO 3034 ® 46.47% 60" CONTROL MH 2 —CART. CB RIM = 224.38 RIM = 224.67 RIM 224.68 IE IN= 221.47 IE=2 IE I 17.40 IE OUT = 221.37 _ I E • : ►17.40 I iiitp ar r i l i ± " c", et 1 1 ABEL_ tv*, iii S 1- ` . ^ (2) 4: CMP w ' ' '. PIP 0.4'0 .. 57LF 6 "DI CL.52 _ .\ Irk i a 30" ACCESS PORTS o . \ T 73LF 6 DI CL.52 • o --s 54.5LF�8 "ABS ®1 %., • IE= 217.40 1 NO • R M A ±O226 . 1 �1, 0 • IE= 223.10 III 4 J IE= 217.62 NDS CHANNEL • ' . •fit � DRAIN (LIGHT VEHICULAR) - RIM = 223.60 a 4 "SAN.LAT. • ��CLEANOUT �� ' 0 ©2%MIN. 4% 1 RIM= 224.55 + /— II -- 4°1 IE= 221.00 0 / / / CURB / , / 1 1 2" WM 1 c. / 1 ' CO // NORTH 0 UTILITY PLAN SCALE 1' e 20' WATER NOTES: 10. NOT USED O6 INSTALL FIRE HYDRANT NOTE: (TVWD STD.DWG. 101) 10 3" ABS ® 2.0 %(MIN.) O INSTALL 6 "DCVA © 4" PVC 3034 SAN.LAT (TVWD STD.DWG. BF105) O FDC TO BE INSTALLED (SEE SHEET R2.0) 03 ©BUILDING (SEE PLUMBING PLAN) ' INSTALL 6 D.I. FIRE LINE 18" OFF BACK OF SW 03 NDS CHANNEL DRAIN W/ P.I.V. PER U.P.C.. (SEE PLUMBING PLAN) / A\ 6 "DI WATERLINE O INSTALL 1" CARV ASSEMBLY PER TVWD STD.DWG. 601 5O INSTALL 6 "DI WATERLINE 52 LF D.I. CL. 52 UTILITY PLAN BY NW5 DATEO / 3,9 / 08 /'1A I afghan associates, inc. CHK BY GN DATEO / 30 / 08 ENGINEERING JOB NO A0501T.11 4875 SW Griffith Dave 1 Suite 3001 Beaverton, OR 197005 1 1 503.620.3030 tel. 1 503.620.5539 fax 1 www.aaieng.com SHEET OF