2008-074154 R�,sr\ To
wr Ion county, Oregon 2008 -074154
0E .108 10:41:16 AM
t.3 s� tarp D AE Cnta1 stna20 RECORDSI
3 1 J 5 Q1te . $20.00 $5.00 $11.00 $20.00 - Total a $56.00
INDIVIDUAL or CORPORATE
Giaa3
01285201200800741540040042
1, Richard Hobemlcht, Director of A mint and
Taxation and Ex- Officio County Clerk for Washington
O File No. County, Oregon, do hereby certify that the within
it Instrument of writing was ?r id d orded In the
I/ book of records of said coin re O Qggq
Richard Hob emicht, Director of A mint and ✓
Space above ri Taxation, Ex-Officio County Clerk
RIGHT -OF -WAY AGREEMENT/ ENCROACHMENT (REVOCABLE
PERMIT)
THIS AGREEMENT is entered into on n
U , 2008, between the CITY
OF TIGARD (the "City ") and ( "Property Owner ").
RECITALS
A. Property Owner owns the property located at 9965 W Frewing Street, Tigard,
Oregon 97223, more particular described a s w t Oa 1 O
ft_.. Dr( -j4 I (4 , in the
City of Tigard, Washington County, Oregon (the "underlying property").
B. Applicant has recently constructed a building, a portion of which encroaches a
few inches into the City's right -of -way along the southwestern 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 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.
•
AUC-u3Y
. WITNESS our hand this o of .9.gr-ii, 2008.
" ro. -rty •wner's Signature Property Owner's Signature
9 ci (95 5 Frtam. p 0 1,3o x 10
Property Address ' Mailing Address if different)
friAir d e 6K 91/73 5- u , 0/e cr707r
G
STATE OF OREGON)
) ss.
County of Washington)
•
This instrument was acknowledged before me on AVG- OIL , 2008 by:
KAMELA !A 14
s Signature
My Commission Expir: . 1 r. : - . .. : . 7.; - SEAL
KYLE KUDR1OK
`. RY NOTA MAIM .. -c •
• In accordance with Section 15.16 of the City of Tigard Muni ::.. ' 4 1 6
City of Tigard C
13125 S.W. Hall Blvd. City 1Vinager
Tigard, OR 97223
•
- STATE OF OREGON)
•
) ss.
County of Washington)
•
• This instrument was acknowledged before me on _ A'u -ST 7-2 Z 8
(date) by: 64 Fs 1'ROsseg3/4 i C4Tf t A 6 (name of
person(s)).
1 �' OFFICIAL SEAL � ) , /
r J BENGTSON J '
f � ® N PLIBUC -0REGON l) � otar I
1 COMMISS C L NO. 413772 ( y s Signa
MY COMMISSION'EXPIRES APR. 27, 2011 1
My Commission Expires:
A/61.- 2.0 ( (
1
. g��s{y //�g1�p�...r WA519NGTOIV 110W I Y SURYE►pl9s OfFTCE
i "ACCFPIED ma- fOJNG_ 8_ 12! -- - • A • POR770NOF LOT2f 'OF FREW/Nf35.ORCHARD
• �29 675)
rimers LOC✓iTEDY/V THER /CHAROSOND.L.C. No y AS Nr. NO. • -
• i 34 SITUATED /N THENORTHWEST QUARTER AND SHEET 1 OF 1
' 'Narrative I SOUTHWEST QUARTER OFSECTIONZ 12$ R1W
The monument of this survey Is "to mwment the co of toe lots 2500. 2900 a• 3200 oe described In _ W.M. THEC/TYOFT/G:4RO WASH /NGTON b - So a
P,eliminory Title Report 04- 44600 -26 F:prepo to develop and scrabble these lots. The beefs of / COVNTY OREGON. - SCALE' 1' = 20' t •
• bearings for this survey,Is the plot of Freeing'a, Orchard Tracts. Book 2 Page 65 :holding the ban pipe at DATE DF "SURVEY
the InlesecUon of S.V. - Freeing •and S.W. Ash Streets and the found spike ai 1he:centerlife angle point , 7/15/03 •
M
os shown S71. 28464. The. north Bne or southerly right of way of 'SAC PooIIl Highway s determined /' FOUND BOXED 5/B' IRON -
•
••
by olive between lound/heW Oregon Department of Transportation lodoU boxed 5/8 iron bars / - BAR W /O.D.O T. YPC
r,/ odot yeller plastic cops marking the center of S.W.
V. Podfc•Highy. This. line -roc then olfeet 40 feel • HELD FOR CA PACIFIC HWY - •
to, the southeast per 24,741 a 20.979 for the southerly right of way Bee. This provides o different R/W
line from 51124741 which only ale a of the CA monuments. The westerly line. or easterly fine o1'S.V. / - 1 r
Freeing Street wos determined by holding the previously mentioned centerline monuments and going north
an'record (plot of Frewinq's Orchard Tracts) bearing and distance alag • the centeribre of S.V. Freeing Z r0 f,�yp p OyB
•
street ond.offsel 20 feet to the Natheost• for right of way. The southerly .line woos determined by hddng j • PER 0N24741
•
a
the found boll referred to In S4. 24741 and the found pipe of the southeasterly comer as coiled for In HELD ' S5509'09•E. 3.66'
deed recorded In book 127. poge 285. This the is eslendded 0.30 feet westerly to its intersection with G 0 •• t C r .
line easterly e of S.W. Frei.urg Street. The east line was determined by found/held hoe pipes. at the , v FOJ 1.LD
southeast and northeast corners of Deed 127 -285. These pipes are coiled for in the legal description. bar So . t5 -
They were held for line and extended to mast the southerly Ilne. of S.V. Pacific Highro} \\ WO 03
f
y a° \ra7 A PORTION OF
Surrey Refaenaes psi ,jj�
Frewing'e &chord Tracts Book 2. page 65 - 1 � LOT 21 FREUUING'S ►'T�i
5N 26484. 24741. 20979. 11947. 11902. 9617 G` o r ORCHARD TRACTS s
•
/ .CZ ` e .3 . . • TO BE DEC TEDR/W }�.
Y0 0 / V -` ' mi l .� S O � i / � 4to %, C O � 'S1y • • /� a *• 0 <8 Z. i / / S ` o 4,... '
•
D • Fa u s.a 0
BEwIT
FOUND BO 5//8 DION / ?° HELD FOR UNE S o : - 15
gp yyII/O.D. T. VPC s PER 91024741
HEIO FOR C/L PACIFIC F /\ •O Ea o3 - . •
EAST UNE,
\ • 5113 - E • • LOT 21
\ • 6.I 5•04.4...10 (�j4.4 -�� TRA 10 BE O ��>
N.
BEr�1 1/44).45
• CONSOUDATE�D. • d.. A'
/ 411 4 .
9.0' ADDITIONAL R/W 4k*' q TO BE DEDICATED 10 •j
•
CITY Of TIGARD 'j
\ Ia P cs
rt. N. a - -
FOUND Ilr l •r,,L+ ryr . v o,
N.
�TJ PER SN 24741 'T ' wy..
S dg f e�
N.
• / X03 4 /8 re, MUM rear. \ v ^ •4`s' S! / . 11 1 •
! B• .
b
• Ni N • os - H E LD M RLIM DETAIL OF ,\ PS 20974 HELD FOR h FOUND 3/4' IRON PIPE
•
� d `q6 FREW MO ST BASIS _ \ � [` / .r / � f•' � 1 ,` Ai , EAST III LOT 21
c`A OF BEARING s [
SCALE t =SD \ 0 .d• \ °k
�7 e• : �� s � � F FourrarlwLT.
•
� F �� / 0.3Ir NE OF cORNEFt. 45
�J \ f1ElDFOR UNE \�>
� 1. • Xs o.. • - T Fc.La r..I L? rr, f ,REGISTERED Q9' .
Ro N.
W .3z r g ab ����Ery � ✓
., wawa sou e.FS.TSe• 4Ar f7, isa7
? ''4r r rainroccckremal \ Fa, CDRNER FALLS IN TREE
• 1 � 5 /B' IRON BAR SET THONA2 f
d 946'0319'E 2.00' CREWS
J 'r LEGEND c // ts AM ro pe
a '4 j $ - O e FOUND MONUMENT AS NOTED \ , Fo ` D .
• • $ ' t IP a IRON PIPE
�r �wIRONROD
.H 4_0 Welkin Engineering, P.C.
O ..BET Ser IRON BAR YWYPC MARKED
WELKIN SET 2/0104 PLANNERS CIVIL ENGINEERS SURVEYORS
• �� .� • MUM mow Fns SR SURVEY NUMBER. WASHINGTON \ 8000 S.W. Pfaffl, Street. Poet lend. Oregon 97223
- f t, . COUNTY SURVEY RECORDS Ql MOW -t Gar•eaea PAXX _�_ X 00