91-028278
p: 91028278
Washington County
RECIPROCAL PARKING EASEMENT AGREEMENT
THIS AGREEMENT is effective thisc-) r day of C id''cc~ ,
1991, by and between the CITY OF TIGARD, an Oregon municipal
corporation, and TIGARD CHRISTIAN CHURCH, an Oregon non-profit
corporation. The City of Tigard is the fee owner of Tigard Senior
Center, 8815 S. W. Omara, Tigard, Oregon, and further described in
Exhibit "A," attached hereto and incorporated herein by reference.
The Tigard Christian Church is the fee owner of the church building
at 13405 S. W. Hall Boulevard, Tigard, Oregon, and further
described in Exhibit "B," attached hereto and incorporated herein
by reference. The parties are hereinafter collectively referred
to as the "Owners."
The Owners hereto intend to share those Dortions of the
properties described in Exhibits "A" and "B," illustrated on the
map attached hereto as Exhibit "C," and incorporated herein by
reference. Shared use will be made 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 "C", 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
"C" as driveways, parking areas, and the driveway and the
stairway connecting the parking areas on the date of this
agreement.. This agi eement- is iiot inCe'rided 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 "C", except as provided under
section (4) below.
4. Individual Responsibility. Notwithstanding the provisions of
section (3), each Owner is solely responsible for any
Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT REIURN RECORDED DOCUMENT TO:
CITY RECORDER, TIGARD
W PO BOX 23397
TIGARD OR 97223
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 non-
performing 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
suit or action is brought to collect an assessment
or otherwise enforce the terms of this Agreement,
the prevailing party si ali 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.
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
Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT
a
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.
14
DATED this f % day of
, 1991.
CITY OF TIGARD, an Oregon TIGARD CHRISTIAN CHURCH, an
municipal corporation Oregon non-profit corporation
By• By: ?
Print Name & Title Print Name & Title
STATE OF OREGON )
ss.
County of its' l)
This.__instrument was acknowledged before me on d ,
1
1991v e.., d . : as P ^ I„i;,~r~ of the City of
(Title)
'T.a. etr'd`0 gon.
r
! , r
Ai7IAL SEAL]
NOTARY PUBLIC FOR OREGON',
My Commission Expires
STift1110V'\ OREGON )
ss.
County of
tYl►,t:,~ia~~ )
This instrument was acknowledged before me on 4, ,
1991, by Lhzt" 4. (~ar(1.~~~_t' ~ as ~,~iLf r►~a,~ c~f the Tigard
(title)
Christian Church.
[NOTARIAL SE FNOTAn LVIA T J S
RY PUBLIC OREQWTARY UBLIC FOR OREGON
Expires9 Y ~nmm ssion 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
flo/tigar&sencen.tig
Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT
EXHIBIT "A"
TIGARD SENIOR CENTER PROPERTY LEGAL DESCRIPTION
Beginning at an iron pipe and stone at the Northwest corner of Lot 8 of
EDGEWOOD TRACTS, a duly recorded subdivision in Section 2, Township 2 South,
Range 1 West, of the Willamette Meridian, Washington County, Oregon; and
running thence North 00 58' East, a distance of 20 feet to the true point of
beginning; thence continuing North 00 58' East, a distance of 507.3 feet to an
iron pipe at a corner of a tract of land conveyed to A. R. Prier; thence North
580 53' West on the South line of said Prier Tract and the same line
continued, a distance of 309.3 feet to an iron pipe, at an angular corner of a
tract of land conveyed to James N. Finn, by deed, recorded on page 251. of
volume 231, Washington County Deed Records; thence South 030 37' West, a
distance of 540.66 feet to the Northwest corner of that tract of land,
conveyed by deed, to James Gary Chamberlain, et ux, recorded in Book 848, page
351, Washington County Deed Records; thence South 890 28' 30" East along the
North line of said Chamberlain Tract, a distance of 189.56 feet;' thence South
030 57' West continuing along said Chamberlain Tract, a distance of 10.48
feet; thence on the arc of a 158.44 foot radius curve to the left (the long
chord of which bears South 280 29' 50" East, 168.46 feet), 177.61 feet to an
iron rod on the Westerly line of SW O'Mara Street (County Road No. 567);
thence North 00 26' East, a distance of 4.79 feet; thence North 00 58' East, a
distance of 20 feet; thence North 890 40' East, a distance of 20 feet to the
true point of beginning.
I
Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT
1+
EXHIBIT "B"
Tigard Christian Church
Order k4o. w 32247
DF;~Cti1PT IO~I
A tract of land locates in a portion of thr- Z~r ,rty u.-me-d oy W. J.
Cottrell, locates in Scio:? 2, ~w?s1i: 2 so-'r--a; W--SL,
Wlila ette Meri,~L n, T i,~a.rd, -raslain...Dn County, Or' o_n, w1d describe
a i~ fol lows :
Begrii?.'1.1i?q at a point in tn.- i~onatio _ io-na Clain, oL~ W. W. Graham anJ
wife in Se-_mion 2; Tarvshii., 2 Soutn, Fa:1ya 1 Wo_zz, W_J lla--vetto
Meri.cliaa. WaL~:Liiigton wunty, Orion, 6.25 chairis South and 4.50
ch~i:1 W-st of the aaartcr cornnar betv;aen Se _ions l and 2 in said
To:msiup a Ramjc, said point be-u?y in t'?c c~-_nterl inc of Stat-
fiii~ -may X217 (Cuarity h~1227) ; ti1;11ce Soup? 0° 22' ,lest aloe-~ the - it co,iterliro of State iiiyhrlay X217 (County Road X227) to its intersection
with thy: centerline of County Road #567 (J..L-a a Street), (frcr. ~tai(::La
ail iron iiii;e Dears Soot?? $3° 00' East 20 feet); ti-ace :lord 69°
O4' West 515.30 feet aloi~~ the centerlina of County R #567
(a:la.ra Stre,2t) to an iron thence Aorth 01' 25' East 20.00
fi-ot Lo an iron on the nortlerly bounaary of County Road t567
(07Ltiara Str(-_et), and true point of l:>`;i uunn, of the parcel herein
dovcri_.,e_d. t~ience Norcii 01° 25' East 327.60 feet to an iorl rod;
tne.-icc 14orr.~.,, Ul° 25' East 95.00 feet to a point in centerline
or Fanno Crecy; t`ience South 78° 56' Last 110.52 feat to a mint in
ti-u: centerlin., of FaLno Cred,'-; thencc "oat_1 01 22' Last 87.40 itact
t~ an iron rod; tnezce STath 83° 01' East 380.00 feet to an iron
rcx-, on the 'oka.3teriy boan-lar; of said StatL ii_c3.(iway y.217 (Co'mty
R. u22i) and 20 eat from the centerline tiicreoi; tncr_ce Scrath 0°
22' iv4est 276.20 feet along the westerly lina of State liig raay 4217
(Caaiity Ro a i ,V227) and 20.00 teat Westerly fro: the centerline oL
said State Yiglm4ay x 217 to an iron pi,.-- on Laa north boundary of
County Road 4567 (,,).tiara Street); thenc._ North 89° 001 ilesr. 495.30
fc:`t along the north line of Coanty Road 4567 to an iron rod and
tr: point of zxejinning of t:?e parcel herein de-scri.na3.
Page 5 - RECIPROCAL PARKING EASEMENT AGREEMENT
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