2010-040118 Heritage Trees #4 and #5 Washington County,Oregon
05/27/2010 09:59:44 AM 2010-040118
D-IRUL Cnt=1 Stn=7 K GRUNEWALD
$20.00$5.00$11.00$15.00-Total=$51.00
Return Recorded Document to:
01485575201000401180040048
City of Tigard—Records Division i,Richard Hobernicht,Director of Assessment and
13125 SW Hall Blvd Taxation and Ex-Officio County Clerk for Washington
County,Oregon,do hereby certify that the within
Tigard,OR 97223 instrument of writing was received and recorded in the
book of records of said cou
• Richard Hobernicht,Director of Assessment and
No change in Tax Statement Taxation,Ex-Officlo County Clerk
Declaration of Restrictive Covenant—Heritage Trees#4 and#5
Come now Paul and Judith Miller('Grantors' and,pursuant to the Heritage Tree protection
provisions of the Tigard Municipal Code,hereby desire and do declare the following restrictive covenant(s)
upon the following described Real Property,in compliance with terms,conditions,and provisions of the City
of Tigard regulations relating to Heritage Trees:
The species of the trees to be preserved are bigleaf maple (Acermacmpbyllum)and red oak(Quercus rubra).
The bigleaf maple tree is located in the NW one-quarter of Section 11,Township 2 South,Range 1 West
Willamette Meridian, City of Tigard,Washington County,Oregon,the location of the bigleaf maple heritage
tree is described as follows:
Beginning at the Southeast corner of the property described in Document No. 2005-144209 thence N 02° 11'
31"E,along the east line of said document no.,a distance of 123.29 feet to the south right of way of SW
Canterbury Lane;thence N 89°29'38"W along said south right of way,a distance'of 86.11 feet;thence S 00°
30'22"W a distance of 8.52 feet to the center of a 27"bigleaf maple heritage tree.
ALSO INCLUDED
The red oak tree is located in the NW one-quarter of Section 11,Township 2 South,Range 1 West
Willamette Meridian,City of Tigard,Washington County,Oregon,the location of the red oak heritage tree is
described as follows:
Beginning at the Southeast corner of the property described in Document No. 2005-144209 thence N 02° 11'
31"E,along the east line of said document no.,a distance of 104.56 feet;thence N 87°48'29"W a distance
of 10.42 feet to the center of a 27"red oak heritage tree.
Restrictive Covenant(s):
The trees located upon the Real Property and accepted by the City of Tigard's Tree Board and approved by
the City Council on May 25,2010 as"Heritage Trees," (as defined by the Tigard Municipal Code Section
9.08.010,) shall hereafter be protected as"Heritage Trees"in accordance with Tigard Municipal Code Section
9.08,and all regulations thereto. Grantor covenants not to remove the Heritage Trees except as permitted by
said Tigard Municipal Code Section 9.08.
The covenant(s) shall run with the land and be binding upon the Grantor,Grantor's successors and assigns
and shall be a perpetual covenant provided,however,that this Covenant may be released and discharged by
recording a document extinguishing this Covenant,executed by the City of Tigard,in the Official Records of
Washington County,Oregon.
The undersigned Grantors hereby covenant and represent to the City of Tigard that Grantor is the fee title
owner or contract vendee of the Real Property and that this Declaration is executed pursuant to lawful
authority if Grantor is an entity.
Page 1 of 2
Grantor:
By
Print Name:
Title: �Y �i
Date:
State of Oregon )
)ss.
County of C h)
This instrument was acknow edged before me on�A- r �S ���0 (date) by
&4, / CL_ /�j - PL r(name(s) of person(s)) as�02 (type of authority,
e.g., officer,trustee,etc) of (n e of party/company on behalf
of whom instrument was executed).
CAROL KRAOER Notary s Signature
NOTARYPUBM-OREWN My Commission Expires: 3 c:;).Ql y'
COMMISSION NO. 8
MY COMMISSION EXPIRES FEBRUARY 23.2(M4
Grantor:
Print Name:
Tide:�rD�e__�C �l
Date: A4
State of Oregon )
)ss.
County of U )
This instrument was acknowledged before me on /�� 00/0 (date) by
{ ✓lhe� (name(s) of person(s)) as ✓(type of authority,
e.g.,officer, trustee, etc) of / (na e of parry/company on behalf
of whom instrument was executed).
OFFICIAL SEAL
CAROL A KRAGER Notarrs-signature
*NOT My Commission Expires:
COMMISSION NO. 8
MY COMMISSION EXPIRES FEBRUARY 28.2014
Page 2of2
Designation and Preservation Agreement- Heritage Trees #4 and#5
Upon acceptance by the Tigard City Council, Paul and Judith Miller, the owners of the following
described property, agree that certain trees thereon and more fully described herein shall be placed
on the City of Tigard's list of Heritage Trees and thereafter preserved and protected. We recognize
and agree that placement on this list is due to the landmark importance of the trees due to age, size,
species,horticultural quality or historic importance of such trees and their retention will not interfere
with the use of the property upon which they are located.
The species of the trees to be preserved are bigleaf maple (Acer macropbyllum)and red oak (Quercus
rubra).
The bigleaf maple tree is located in the NW one-quarter of Section 11,Township 2 South, Range 1
West Willamette Meridian,City of Tigard,Washington County, Oregon, the location of the bigleaf
maple heritage tree is described as follows:
Beginning at the Southeast corner of the property described in Document No. 2005-144209 thence
N 02° 11' 31" E,along the east line of said document no., a distance of 123.29 feet to the south
right of way of SW Canterbury Lane; thence N 89° 29' 38"W along said south right of way, a
distance of 86.11 feet;thence S 00° 30' 22"W a distance of 8.52 feet to the center of a 27"bigleaf
maple heritage tree.
ALSO INCLUDED
The red oak tree is located in the NW one-quarter of Section 11,Township 2 South, Range 1 West
Willamette Meridian, City of Tigard,Washington County, Oregon, the location of the red oak
heritage tree is described as follows:
Beginning at the Southeast corner of the property described in Document No. 2005-144209 thence
N 02° 11' 31" E, along the east line of said document no.,a distance of 104.56 feet;thence N 870
48'29"W a distance of 10.42 feet to the center of a 27" red oak heritage tree.
As owners of the property and the tree,we recognize and agree that these Heritage Tree
designations do not affect our title and,therefore,we will indemnify and hold the City harmless
from any claim which challenges this designation. We also understand and agree that the
maintenance, care and/or pruning of these trees continues to be our responsibility as the property
owners and not the City's,and that we will, to the best of our ability,preserve the trees from disease
and death.
Finally,we agree to forfeit any exemption we may have from the Tigard Municipal Code which
might otherwise permit us to cut down the trees. This forfeiture of exemption does not prohibit us
from requesting removal of the designation of Heritage trees in accordance with section 9.08.060 of
the Tigard Municipal Code.
The covenants and conditions in this agreement shall run with the land and shall bind ourselves, as
well as our heirs, successors and assigns and this document may be filed in the County Recorder's
Office.
Page 1 of 2
BY:
Date (owner's name)
BY: �
Date owner's name)
14
Approved and accepted by the Tigard City Council this _� day of 0)U
CITY OF TIGARD, OREGO
BY:
ayor
BY:
City Recorder
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