98-066324
'E OF OREGON l SS
County of Washington j
I, Jerry R. Hanson, Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
`i the within instrument of writing was received
and recorded in book of records of said
6^I county.
Jerry R. Hanson, Director of
Assessment and Taxation, Ex-
Officio County Clerk
Doc- : 9 X0663.24 . 1
Rect: 211076 38.00
RETURN RECORDED DOCUMENT TO: 1)6/22/1998 11:00:51am
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
UNTIL A CHANGE IS REQUESTED,
ALL TAX STATEMENTS SHALL BE
Attn: Dominic G. Colletta SENT TO THE FOLLOWING ADDRESS:
O'Donnell Ramis Crew /l
Corrigan & Bachrach, LLP if T ~'1
Attorneys at Law i i S S-i-0 b ~ura~~
1727 NW Hoyt Street tqG~~ QIL 'rO aDk3
Portland, OR 97209
JOINT DECLARATION OF RESTRICTIVE COVENANTS
AND GRANT OF EASEMENT
f-~
THIS DECLARATION AND GRANT is made the ~ 3 day of ~L t.- ,
1998, by the CITY OF TIGARD, an Oregon municipal corporation (the "City"), as t that certain
real property described on Exhibit A attached hereto and incorporated herein by this reference (the
"City Property"), and by the TIGARD AREA CHAMBER OF COMMERCE, an Oregon
nonprofit corporation (the "Chamber"), as to that certain real property described on Exhibit B
attached hereto and incorporated herein by this reference (the "Chamber Property"). The City and
the Chamber are sometimes referred to singly as a "Party", and collectively as the "Parties". The
City Property and the Chamber Property are sometimes collectively referred to herein as the
"Properties".
The Properties, prior to acquisition by the Parties, consisted of one parcel upon which was located
a commercial building (the "Building"). This Declaration and Grant is executed by the Parties
in conformity with conditions imposed upon the partition of the previously existing parcel into the
City Property and the Chamber Property.
The Parties jointly declare that until the Chamber shall have moved the Building so that it is
located solely on the Chamber Property, neither the City Property nor the Chamber Property, nor
any partial interest therein, shall be sold or otherwise conveyed to any person or entity not a
signatory hereof, unless such person or entity shall simultaneously purchase both the Chamber
Property and the City Property.
Page 1 - JOINT DECLARATION OF RESTRICTIVE COVENANTS S
By this Declaration, it is the intention of the City and Chamber to assure that the Properties shall
not be sold or otherwise conveyed except as a unit until the Building is moved as described herein.
In furtherance of the provisions of this Declaration, the Parties have entered into a separate
agreement establishing a right of first refusal on the part of the City to purchase the Chamber
Property. Reference to the said agreement is made for further particulars.
In addition to the foregoing, the City hereby grants to the Chamber a non-exclusive easement for
ingress and egress over and upon the City Property to provide for pedestrian and vehicle traffic
to and from the Chamber Property and S.W. Tigard Street. This easement is for the benefit of
the Chamber Property and burdens the City Property. The City shall have the right to provide
for and relocate the said easement from time to time in its reasonable discretion, and to direct and
control traffic on the said easement and the City Property to assure reasonable traffic flow thereon.
The covenants and easement contained in this Agreement are binding upon and inure to the benefit
of the respective successors and assigns of the City and Chamber, and run with the land.
IN WITNESS WHEREOF the parties have made this Declaration effective on the day and date
first above written.
CITY OF TIGARD, an Oregon municipal TIGARD AREA CHAMBER OF
corporation COMMERCE, an Oregon no -profs
corporation, BY~
Name: A . m r AA-V)
Name: I sty iio - Le
Its: Cil y rM ti i'l d!y I'll-
Its: e- s fde- - f- I e~
STATE OF OREGON )
ss.
County of Washington )
SUBSCRIBED AND SWORN to before me this day of
k l Ck ~ 1998, by
as the 17I H2of the City of Tigard, a
municipal corporation, on behalf of such corporation.
OFFICIAL SEAL Notary Public for Oregon
CATHERINE WHEATLEY My Commission Expires:
NOTARY PUBLIC-OREGON
COMMISSION NO 042176
MY COMMISSION EXPIRES MAY 10, 1999
Page 2 - JOINT DECLARATION OF RESTRICTIVE
COVENANTS
1
STATE OF OREGON )
ss.
County of Washington )
SUBSCRIBED AND SWORN to before me this day of 1998, by
Ai44, vt - C' Z_ell~ , as the P e 5 ~Jc w k - ~le__,1- of Tigard Chamber of
Commerce, and on behalf of the TIGARD CHAMBER, an Oregon non-profit corporation, on
behalf of said corporation.
t~
~Cj'
OFFICIAL SEAL
CATHERINE WHEATLEY ry Public for Oregon ~
3 ° : r NOTARY PUBLIC-OREGON My Commission Expires:
".OMMISSION NO. 042176
..,'ON EXPIRES MAY 10. 1999
dgc\tigard\restrict. co4(3/06/98) (nak)
3
Page 3 - JOINT DECLARATION OF RESTRICTIVE COVENANTS
EXHIBIT "A"
City Property Legal Description
A tract of land situated in the Northeast 1/4 of Section 2, Township 2 South, Range 1 West
Willamette Meridian, Washington County, City of Tigard, Oregon described as follows:
Parcel 2 of Partition Plat No. 1996-026 as recorded in Washington County Partition Plat Records.
EXHIBIT "B"
Chamber Property Legal Description
A tract of land situated in the Northeast 1/4 of Section 2, Township 2 South, Range 1 West
Willamette Meridian, Washington County, City of Tigard, Oregon described as follows:
Parcel 1 of Partition Plat No. 1996-026 as recorded in Washington County Partition Plat Records
5
r
March 31, 1998 CITY OF TIGARD
OREGON
S. Carolyn Long
Executive Director
Tigard Area Chamber of Commerce
12420 SW Main Street
Tigard, OR 97223
Re: City of Tigard/Chamber Burlington Property Acquisition
Dear S. Carolyn:
Enclosed is the original Joint Declaration of Restrictive Covenants and Grant of
Easement which was executed by me as authorized by the City Council at their
March 24, 1998, meeting. The document is now ready for signature by whomever the
Chamber authorizes to do so. Once signed, please return the document to me so we
can forward to Washington County for recording.
If you have any questions, please do not hesitate to contact me.
Sincerel
William A. Monahan
City Manager
Enclosure
iAadm\bill\chmbr.doc
11115 SW Hall Blvd., Tigard, OR 91113 (503) 639-4111 TDD (503) 684-2772
O DONNELL RAMIS CREW
CORRIGAN & BACHRACH, LLP
JEFF H. BACHRACH ATTORNEYS AT LAW CLACKAMAS COUNTY OFFICE
MARK L. BUSCII 1727 N.W. Hoyt Street 181 N. Grant, Suite 202
D. DANIEL Cl IANDLER + Portland. Oregon 97209 Canby, Oregon 97013
DOMINIC G. COLLETTA•' TELEPHONE: (503) 266-1149
CHARLES E. CORRIGAN TELEPHONE: (503) 222-3402
STEPHEN F. CREW FAX: (503) 243-2944
MARTIN C. DOLAN VANCOUVER WASHINGTON OFFICE
GARY F. FIRESTONE' First Independent Place
WILLIAM E. G.AAR PLEASE k::PLY TO PORTLAND OFFICE 1220 Main Street, Suite 451
G. FRANK HA.M\IOND• Vancouver, Washington 98660-2964
MAL.COLM JOHNSON' TELEPHONE: (360) 699-7287
MARK P. O'DONNELL FAX: (360) 699-7221
T. CHAD PLASTER March 6, 1998
TIMOTHY V. R NIIS
WILLIAM J. STAL.NAKER JAMES M. COLEMAN
ANDREW H. STA,%lP SPECIAL COUNSEL
BARTON J. WACHSTETER
' ALSO ADMITTED TO PRACTICE IN WASHINGTON
ALSO ADMITTED TO PRACTICE IN CALIFORNIA O!
ADMITTED TO PRACTICE IN WASHINGTON ONLY r°
ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA
M AP t, ' 3
1 IJ
Or-= L.f
Mr. William A. Monahan
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: City of Tigard/Chamber Burlington Property Acquisition
Dear Bill:
Pursuant to our telephone conversation today, enclosed please find an original Joint Declaration
of Restrictive Covenants and Grant of Easement for execution by the City and the Chamber. I
have also enclosed for your use copies of correspondence to and from Martina Dell, counsel for
the Chamber regarding the enclosed document and a copy of the document as approved by Ms.
Dell to show that no further changes have occurred except for the dates.
Please call me if you have any questions.
Very t~r)ly yours,
inic G.Colletta
DGC/nak
Enclosures
~I
04/00 10:06 . 1996 FROM: 503 620 4315 TO: 2473 PAGE: 1
•04/03/96 10:52 6 315 Furrer & Scott l a001/001
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Finarcr C. ZU&I
MzAad J. Sm4 'AJwadailoed to WaOin~a
April 5, 1996
Facsimile Cover Sheet
R °•'Q 90-2 This dar c ==IAQatlal and prirle4ed J.n:vrmtioa which :a inceaded aa.; far vianal ra 1aaL
M.1-2 you ere eoeh eoea4 reeipimt ar the a-harized agene taereo[ yw are yraeibicaa free rrediaq, tapyiaQ, ri
aiaaeeiaat=7 CuCh :42ereatlan. Lt YOU reached Chia Coasmaj=1Cn :1: error page notiry the aistriDUt
afndar i d"Lr e1 ocae
..Cauca via :irac Clara poac.aga. Tao v1.11 Da raiaburea6 for =a ooatap coats. :1~anr you. Y no retara tSe
To: Dominic Colletta
Of: O'Donnell, Ramis, Crew, Corrigan & Bachrach
Facsimile number: (503) 249-2944
Number of pages including this page: 1
Will original be mailed? No
From: Martitia M. Dell
Facsimile number: (503) 620-4315
Telephone number: (503) 620-4540
Reference for this facsimile: City of Tigard/Tigard Chamber of
Commerce
Our File: MMDM,T.S
Dear Mr. Colletta:
Thank you for sending over the Joint Declaration of
Restrictive Covenants and Grant of Easement and the proposed
Memorandum. I have reviewed them and they look acceptable to me.
I have passed them onto my clients and they are in the process of
reviewing them. I expect to hear back from them today or Monday
with any questions or comments they may have. I will let you know
at that time if there are any changes. Thank you for your
assistance in this matter.
Very truly yours,
s aL~ Martitia M. Dell
MMD\ard
CC: S. Carolyn, Long
Douglas R. Hookland