Loading...
13405 Hall and 8815 Omara RECIPROCAL PARKING EASEMENT AGREEMENT THIS AGREEMENT is effective thisn day of akUiaes1_ , 1990, by and among the parties whose signatures appear below. The parties hereto are fee owners (hereinafter "Owners ") of the following described real property: 2S1 2DA Tax Lot 701 2S1 2DB Tax Lot 500 Washington County, Oregon Washington County, Oregon Tigard Christian Church Tigard Senior Center 13405 SW Hall Boulevard (City of Tigard, owner) Tigard, Oregon 97223 8815 SW Omara Tigard, Oregon 97223 The parties hereto intend to share the use of the entry driveways, parking areas, a connecting driveway between the parking areas, the construction and grade of which must be approved by the City of Tigard's Engineering Department, and a stairway, as shown on Exhibit "A ", to provide pedestrian and vehicular access and parking for events held by either party. 1. Grant of Easement. Each Owner shall have the right to use the other Owner's driveways and parking areas at all times except during events scheduled by the other Owner, unless the other Owner gives permission for use of its parking area during such events. Both parties agree to exchange event schedules regularly, and to notify one another of additional special events as they occur, with as much advance notice as possible. 2. Limits of Easement. The privileges granted under this . reciprocal agreement are limited to the areas shown on Exhibit "A" as driveways, parking areas, and the driveway and the stairway connecting the parking areas on the date of this agreement. This agreement is not intended to cover any parking areas or driveways constructed after this date.. This agreement is not intended to cover additional parking demand . created by the expansion of either owner's facility. In the event of such expansion, this agreement may be renegotiated or terminated in accordance with paragraph 8 hereof. 3. Maintenance. Each Owner shall be responsible for the maintenance of its own driveways and parking area, except as provided under section (4) below. Each Owner shall contribute to the maintenance and repair of the stairway connecting the parking areas, shown on Exhibit "A ", except as provided under section (4) below. Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT . I 4. Individual Responsibility. Notwithstanding the provisions of section (3), each Owner is solely responsible for any particular damage caused to the shared stairway or to the private driveways and parking areas by the offending. Owner, the Owner's guests, invitees, or contractors. 5. Indemnification. Each Owner agrees: to indemnify and hold, the other Owner harmless from all claims arising out of the use of the shared stairway and of one Owner's driveway and parking area premises by the other Owner, its contractors, agents, guests and invitees. 6. Notice. In the event an Owner causes damage to the stairway or to the private driveways or parking areas, then the Owner shall be notified in writing of an assessment for the repair . of the stairway, driveway or parking area in need of repair. Such notice shall be provided on behalf of the Owner who . has determined that such repairs are needed. Written notice shall be mailed to the Owner at the address shown in the introductory paragraph to this agreement. 7. Payment of Assessment. If an Owner is unable, unwilling or refuses to comply with a written demand for payment of the assessment within thirty (30) days of written notice to the Owner, or the Owners cannot agree to a mutually acceptable solution within thirty (30) days of written notice to the Owner, then the remaining Owner shall have the right to do either or both of the following: (a) Assess that Owner for the cost of the work done; and the remaining Owner shall have a lien upon the nonperforming Owner's real property for the cost of said repair, which lien shall be subordinate to any prior recorded mortgage, trust deed or land sale contract; and (b) Bring suit or action against that Owner to enforce collection of the assessment. In the event such suitor action is brought to collect an assessment or otherwise enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as awarded by the court at trial or on appeal. 8. Duration and Termination of Agreement. This Agreement and the obligations hereunder shall exist in perpetuity, unless terminated by mutual agreement or upon 90 days' written notice of termination by either party or unless all or a substantial part of the easement area is acquired by or dedicated to a municipal authority for public use. Both the benefit and burden of the Agreement shall be appurtenant to and run with the parcels described above. Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT 9. Successors and Assigns. Both the burden and the benefit of this Agreement shall extend to the heirs, successors and assigns of all parties hereto, and shall run with the land subject to this agreement. It is the intent of the parties hereto to create a continuing obligation on the part of each landowner, present or future, including any additional Owners resulting from any further division of the existing parcels. DATED this c:2 1 day of Q(kL2J?J , 1990. CITY OF ,IGARD TIGARD CHRISTIAN CHURCH d i' . By: y et #e% tr tim.iM Is -WalJr Print Name & Print Name & Title STATE OF OREGON 1 ) ss• County of Wal r \ - ) This instrument was acknowledged before me on O b-0` c.S , 1990 byTa - 6 . 1 . k.J bl , as c V L I ` l atI 4 f the City of J (Tle) Tigard,, Oregon. s i 1 [NOTARIA SEAL] �. OTARY PUBLIC FOR O . G �) t D My Commission Expire Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT STATE OF OREGON ) ) ss. County of ) This instrument was acknowledged before me on 1990 by , as of the Tigard (Title) Christian Church. (//// [NOTARIAL SEAL] NOTARY PUBLIC FOR OREGON My Commission Expires: AFTER RECORDING, RETURN TO: NO CHANGES IN TAX STATEMENTS Kenneth M. Elliott O'Donnell, Ramis, Crew &Corrigan 1727 NW Hoyt Street Portland, OR 97209 Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT \ , [ 1 — . L _______ • ' . c) , ______I L fsPE Et-ILARriPp . . '7. 6ENIoR d- , Pi-Als4 . 1-1 Cl 4 ' . > cEN"MfR r -- __II IIIIIIIIIIIIIIIII .. 1 r 'yes • _--1 11---2-- i = 111111111111:115 1943•F• 'Lir 'N-, --1. .1 t.. ___I. — ii niiiiimimq 1- r" 1 AN V I 11 IIimmilitit i I = til IIIIIIIIIIIIIII? 7 scALE r . 100 1 --- 1 = •D \ „ \,.\ -____ _ , . SW ()MARA 0 . ,_ • . ; . . . •-• ( ' . ... . . 4 Il-2 - ,0 Existing Stairs ,,.ro r-- ' - f New 2 " As ha 1t n " cru hec1 rock. . 1 L (1, L 370 S-DPE . t i . 6: g, & k, $[..oee 4-5 Si-W. gc.oPE 0fy tar mote: 8o r p( or To a-cLEiD is% Scale 1" = 20' Cut asphalt and Install new ' extri..4ded curb remove exintin With 36 planter 'eland at • planter island 'senior center parkins lot t 1 ■ t I . e 0 24' -O' , I 1 ` / ---- Gut alpha It and i .. _ remove ex1ntirig t__ 11 111 planter lolandi 3 1_ 0 11 if { /1 ca1e 1" = 20' Move 1rri ation. iine$, in5ta11 2 PvC conduit under new drive For ex1etin 1rr1 at1 n lines