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2008-038969 • Washington County, Oregon 200-038969 04/291200 20:27 PM D -E ,nt =1 Stn =21 RECORDSI RETURN RECORDED DOCUMENT TO: S20.00 55.00 S1 - Total = $36.00 CITY.HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW HALL BLVD. 01245115200800389690040047 TIGARD, OR 97223 , Richard Hobernicht. Director of Assessment and j Taxation and Ex- Ofi'cio County Clerk for Washington County, Oregon. do hereby certify that the within instrument of writing was received and recorded in the- sy467s.ac. INDIVIDUAL o CORPORATE book of records of said cou I fix. /2- ^ �ri Richard Hobernicht. Director o Assessment and Taxation. Ex -Officio County Clerk I File No. Space above reserved for Washington County Recording Information RIGHT -OF- WAY AGREEMENT/ ENCROACHMENT (REVOCABLE PERMIT) THIS AGREEMENT is entered into on April 11 , 2008, between the CITY OF TIGARD • • (the "City") and SCOFFINS PROPERTY, LLC ("Property Owner "). RECITALS • A. Property Owner owns the property located at 8740 SW Scoffins Street, Tigard, Oregon 97223, more particularly described as THAT LAND AS DESCRIBED IN DEED DOC. NO . 2007-034036 in the City of Tigard, Washington County, Oregon (the "underlying property "). B. Applicant desires to construct a sign within the City's right -of -way along the northern edge of Property Owner's property (the "encroachment "). See attached exhibit A • C. The City believes that the encroachment may be constructed and maintained in place without significantly interfering with the use of the right -of -way, and is willing to allow the encroachment to be constructed and 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 be constructed and 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 for all repair or installation expense that exceeds the expense that • would have been incurred if there had not been an encroachment; 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. WITNESS our han this /l day of April, 2008. A 7-1-11/751 ////Z/4,-L4 "111, • oto - d e Owner's Signature Property en's Signatu perty � azure 8740 SW SCOFF IS STREET Property Address Mailing Address (if different) TOGARD, OR 97223 STATE OF OREGON) ) ss. County of Washington) This instrument was acknowledged before me on April 11 , 2008 by W u -L-14m L. nic.m.rxuA6LC rJ*1ES R RAMS .T+ ,. OFFICIAL SEAL ,... BPI ^'.. S ALBERT - r ' NCITpe , r'UBUC -OREGON Notary's Sign re � .: CUMM L.' ON NO. 401258 MY COMMISSION EX? RES JAN. 10, 2010 My Commission Expires: luglly 10 7410 In accordance with Section 15.16 of the City of Tigard Municipal City of Tigard ( --fGu 13125 S.W. Hall Blvd. City lager Tigard. OR 97223 /! STATE OF OREGON) ) ss. County of Washington) i' Zg '1 (7 This instrument was acknowledged before me on O I 7} (date) b C,P,41(7- (RO 556(e (name of person(s)). ,4 / i ,, . ) c) " AL () Nota , dignature ' v � r . C-, f .14; (2 X7 2-D1I MY COMMA L X APR. 27, 2011 1 M y • Commission Exp i ivy b F 1 ; r-.....-,-..—.---..--- '= -....---,..-..--..----.---..._---...-:7 " 0s + ., OFFIt,1AL SEAL 2 J BEN e • ° • ! 1 ) J 3E 9GTSON � If ['IGTAR`(P I c I r : � " CG 4 ` ".air N0: 41377' \ `./ '),A P s 1C - OREGON 1` ,1! ! N 1' :,, , '- AP 2 , ( "� f +,�; " �I � M0. 413772 -� r ,..: . .. _,_ M Y COMMISS ION gip,: _.: A PR. 27, 2011 ..„........„...„........„„ _ ...„ „. i Exh;b0 -A I 8' I A JHARRIS—McMONAGLE T m 1 22 " 1 1 ENGINEERING • SURVEYING j 1 - ` 1 -1/2" THICK CARVED WOOD PANEL 4 "x4" TREATED WOOD POST <LOW LEVEL LANDSCAPING> SIGN DIMENSIONS SW SCOFFlNS STREET ...[__ 5' S DEWAL < tn It a0 _ -C kfve: 12 0 40:::% 25 6 6, Z i r M EXISTT G R/W 37' 7 , g � 3 EX R/W PROPOSED SIGN a 8' WIDE SIGN ai > 6' HIGH MAX n c DESIGN Soo�NS EMY U_c /V I G Off /6f O 1 HMC 8740 S W S©OFFlNS a DRAFTED 1I ARD, OREJGON DWG. NAME RKW _ 8740 SW 900Ff 6 Eimer BASE ° D HARRIS- McMONAGLEASSOCIA7E.5INC � -SUR _� IVES$ I paw 1 DATE 8740SWScants Street 77garr4 Oregon 97223 TEMPORARY R/W BiOROACI r . 4/21/08 Tel (03) 639 -.4s� Fax ) 1232 of 1