2009-080830 Washington County, Oregon 2009 -080830
09/04/2009 12:54:50 PM
D -E CM =1 Stne21 RECORDS1
S20.00 $5.00 $11.00 - Total = $36.00
INDIVIDUAL or CORPORATE 11111111 01 111 1111111111111111111
01405595200900808300040048
1, Richard HobemlcMt, Director of Assessment and
File No. Taxation and Ex- Orticlo County Clerk for Washington ` ,,' ,
Cunty, gon, eby certify that e with
Y » 1b, \ S dkYte5 In Ore of writi ng her was re and re in In the
book of records of said COt n �
Rte h � VN
11010 5) 1(Zc1 Space above r Richard HobemlcM, Director of Assessment and K
Taxation, Ex -Omcio County Clerk
RIGHT -OF -WAY AGREEMENT/ ENCROACHMENT (REVOCABLE
PERMIT)
THIS AGREEMENT is entered into on q , 2009, between the CITY OF
TIGARD (the "City") and NA SA P67 y Co T-IiAC . ("Property Owner ").
RECITALS
A. Property Owner owns the property located at 7641c SW Gonzaga Street, Tigard,
Oregon 97223, more particularly described as
c - t3-- 't2 /LCZ - .rvs�iit' �._ in the
City of Tigard, Washington County, Oregon (the "underlying property ").
B. Applicant has recently constructed a building, a portion of which encroaches less than a
foot into the City's right -of -way along the southern 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.
'PERMS OF AGREEMENT
Property Owner, on behalf of Property Owner and all future owners of the underlying
property, agrees:
I '
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
1 ,
•
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 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 a llow 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.
WITNESS our hand this 4 day of A-pffi, 200 t
AW/e - r :,6V a2Y Cv Li
Prope ' f/ -r's S • ture Property Owner's Signature (if 2 owners)
Prop:, Address Mailing Address (if different)
7o95' 5 4/ moo,, a g. 6 4
STATE OF OREGON)
) ss.
County of Washington)
This instrument was acknowledged before me on Ca4 , 2009 by:
at te.-0 up__T LS
OFFICIAL SEAL �Jt.«`
..
• SHIRLEY L TREAT
NOTARY UBLIC • OREG
COAMA IS P SION NO.4/a7f7 ON Notary's Signature
MY COMMISSION EXPIRES APRIL 25, 2511
My Commission Expires: (+f a-% (
In accordance with Section 15.16 of the City of Tigard Municipal Co
City of Tigard da.4,
13125 S.W. Hall Blvd. City Maer
Tigard. OR 97223
STATE OF OREGON)
) ss.
County of Washington) (date) ,� `�
This instrument was acknowledged before me on S i-Tt / ���� 20 0
b e R) & ? ZB SSE � c, (i ( (name of person (0).
♦+ OFFICIAL SEAL J I •
1
,
f "` � - J BENGTSON � f /
`-� NOTAR Pl7�IJC -OREGON No . s Signatur
� COMar No. 413772 I
MY COMMISSION EXPMES APR. 27, 2011
9 My Commission Expires: / AI' 1 L 27 2-0 I
•
- -- 1.1/\1 VJ iT A
Encroachment Deed — •
Legal Description
Lot 9 and 10 Beveland No. 2 City of Tigard, Washington County, State of Oregon
Which was consolidated INTO ONE TAX LOT Recording 2009 - 047871
Beginning southeast corner of property of consolidated tax lot along the southern
boundary extending west for 101 feet a building footing will encroach approximately 6
inches, minimum 8 inches below finished grade of a public sidewalk.
Grantor, National Safety Co. Inc. hereby acknowledges the above and gives City of
Tigard rights to this encroachment.
Signed Date al `fro
Signed by duly authorized officer of Corporation so ordered by the board of directors
).144- W I UJ. V
4 6 . 8 y
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Notarized State of Oregon Washington County U -
This instrument was acknowledged before me on t 114-1 DR 8 i
U �
By----- � t-00 JP- 8
Notary Public for Oregon 41 .. 2-'_. a/ -h Q � o o'
My commission expires 1
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OFFICIAL SEAL cia
'" SiNRLEY L TIIEAT 5... t NOTARY PUBLIC • OREGON
COMMISSION NO. own �� G` r «* o
• a�d ` ,.
OOMIrp8810N EXPIRES AP1IL 26, 2011 ; « « ; \� •
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