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Correspondence P- tl`� ry,ti _. ,�yrFSvs`y� , i >. p 3 Y PACIFIC NORTHWEST TITLE 2.0 - / 11 ' of Oregon, Inc. bui tr* A S To: Kurt Dalbey From: Tracy Lynch / Land Development Date: July 12, 2004 Re: No Build Easement Agreement SW 67'' Street Building ❑ Urgent © F or Review ❑ Please Comment ❑ Please Reply g p y ❑Please Recycle Kurt, Here is a copy of the recorded No Build Easement Agreement for your records. I have also hand delivered a copy to Gary Lampella at the City of Tigard and sent one to David Bissett. Thank you, Tracy Lynch 503 - 481 -9529 503 - 350 -5030 9020 SW Washington Square Road, Suite 140 RECEIVE" Tigard, OR 97223 (503) 350 -5030 JUL 2 0 2004 FAX (503) 671 -9524 CCTV OF rsGARa PLANNHVG /ENGINEERING Washington County, Oregon 07/09/2004 11:18:01 AM 2004- 079072 D•E Cnt=1 Stn =6 RECORDS1 325.00 36.00 311.00 • Total = 342.00 AFTER RECORDING RETURN TO: 11111111111 111111111111111111111111111 Stan N. Rotenberg 1211 Roten Avenue v a to B O gg & Bodie, P.C. Portland OR 97204 0 00616454200400790720050052 I, Jerry Hanso r Clerk sament and Taxation and Ex -Ofnclo County ounty Clerk for Washington County, Oregon, do hereby certify that the within Instrument of — �..� writing was received and recorded In, the b ook of Jfb :'c .,�[: records of said county. t l I. '�Ma` Jerry R. Hanson, DlreetorM- ,QaBOSement and Taxation, � . v Ex -Officio County Clerk NO • UILD EASEMENT AGREEMENT This No Build Easement Agreement ( "Agreement ") is entered into and effective as of May 7, 2004, by Equity Group Fund I, LLC ( "Equity "). RECITALS: A. Equity is the owner of two (2) adjacent parcels of real property located in the city of Tigard, Washington County, Oregon, commonly referred to as "Tax Lot 1000" and "Tax Lot 803." The respective legal descriptions of Tax Lots 1000 and 803 are attached hereto on Exhibit "A." B. As a condition of the City of Tigard permitting Equity to place windows on the north side of a building to be located on Tax Lot 1000, which building is to be placed next to the north property line of Tax Lot 1000, the City of Tigard is requiring Equity to create a ten (10) foot setback ( "Restricted Area ") on Tax Lot 803 within which no structure may be built as hereinafter described. Now, therefore, in consideration of the covenants and conditions contained herein, it is agreed as follows: 1. By signing and recording this Agreement, Equity covenants for itself, its successors and assigns, that no building structure will be built within, or any portion of any structure outside of the Restricted Area shall overhang into, the Restricted Area, from and after the date of this Agreement. This covenant shall run with the land and burden Tax Lot 803 in perpetuity. Equity and its successors in interest to Tax Lot 803 shall have no right to modify the terms of this Agreement without first obtaining the written appro of the City f Tigard. approval �.� � v . i x . 2. The Restricted Area shall include an area that runs from the south property line of Tax Lot 803 for a distance of ten (10) feet to the north and shall have a length equal to the length Page 1 - NO BUILD EASEMENT AGREEMENT C:1Documents and Settings\Mark Finlayson \Desictop\NO_BUILD_EASEMENT.doc 1/11111! 11111 X11111111111 111 2004-79072 of Tax Lot 1000 running in an east -west direction a distance of one hundred thirty (130 feet. The legal description of the Restricted Area is attached hereto as Exhibit "B." ) 3. Notwithstanding the foregoing, the owners of Tax Lot 803 shall have the right to landscape the Restricted Area and to place utilities and sidewalks within the Restricted Area and to make such other improvements therein that would not reasonably be considered a building structure. 4. This Agreement may be enforced by Equity, and its successors in interest to Tax Lot 1000, as well as by the City of Tigard, Oregon. 5. This Agreement shall be binding upon and benefit Equity and its successors and assigns. 6. In the event suit or action is instituted in order to interpret or enforce the terms of this Agreement, the losing party shall pay the prevailing party its attorney fees and costs as awarded at trial or upon any appeal or review thereof. IN WITNESS WHEREOF, Equity has executed this Agreement effective the date and year first mentioned above. EQUITY GROUP FUND I, LLC CITY OF TIGARD . By: /rc Ai -. A Its: 1 c� 1 vv l c,,� ills Fi'1 Its: v;1C1 �� - 0i- c i s / AV r O FFICIAL SEAL � -e.e- 1W✓!G, STATE OF OREGON ) SUE ROSS G � NOTARY S NO. REGON I C� JCP s s. MY COMMISSION ON I EXP EXPIRES DEC. 1 2007 County of , C 0 I 4 ) • s instrument was acknowledged before me on -�, A •" 6}/' T„, , as . ��1�1 — , 2004, by limited liability co tfeany. �` �' � i V • f Equity Group Fund I, LLC, an Oregon • 4'. OFFICIAL SEAL wpyik, 6 _.,,? , WENDY LITZ Notary Public for. NOTARY PUBLIC- OREGON 4111' . COMMISSION N0.351523 MY COMMISSION EXPIRES NOV. 1, 2005 M Commission Expires: �bQ5 • i Page 2 - NO BUILD EASEMENT AGREEMENT C: \DOCUME-1 \kurt\LOCALS -1 \Temp \NO_B UILD_EASEMENT.doc - I!IIII 11111 III lIIl I II 2004 -79072 INDIVIDUAL ACKNOWLEDGMENT ' vu's .sa. tAN.1,.. CrW1,tG 17. % s^iS..s.. ..9.... 5w S1)% it k\t.; : ca: ft. ar *.. iii. "i . .- oaf saN.,s1 I State/ On this the _ Q ^ day of J 4- ` 2...jd � ( Commonwealth ofd SS Day Molt,, Y e a County of U_ Sh t�C, before me, �(,(Q� F.-oss N ) • C` t Name of Notary Public ( the undersigned Notary Public, personally appeared . S 3 Name of Signer to Or .( personally known tome 4 e basis of satisfactory evidence A proved to me on th : .l4 r OFFICIAL SEAL 0 • •` �• ° ROSS U C- OREGON to be the person(s) whose name(s) is /are subscribed ` "`� NOTARY PU COMMISSION NQ. 375152 bed MY COMMISSION EXPIRES DEC. 2007 to the within instrument, and acknowledged that A he /she /they executed it. ` /t� 0l Q SS WITNESS my hand and official seal. r. Q o x e ;,^ Signature of Notary Public Q OPTIONAL � Though the information in this section is not required by law, it may prove valuable to ! RIGHi'THUMBPRINT I RIGHtyTHUMBPRINT 0 persons relying on the document and could prevent fraudulent removal and i �pof thumb her o p of thumb her 1 reattachment of this form to another document. Top of thumb here Top of thumb here i t 9 1 Description of Attached Document Title or Type of Document: . I • Document Date: Number of Pages: • Signer(s) Other Than Named Above: bC 3Cfrog: rig tiy4w erAW" e ��Cy" wp� 4 et 1999 National Notary Association • 9350 De Soto Ave., P.O. 8ox 2402 • Chatsworth, CA 91313 -2402 • www.nationalnota �. �� www.natronalnotary.org Item No. 5170 Reorder: Call Toll -Free 7- 800 -876 -6827 Page 3 - NO BUILD EASEMENT AGREEMENT C:\DOCUiv1E-1 \kart\LOCALS1 \Temp\NO_BUILD EASEMENT.doc i 1 1 �I I IIH I 11II 2004 -79072 EXHIBIT "A" Tax Lot 1000: Lots 32 and 33, Block 33, WEST PORTLAND HEIGHTS, in the County of Washington and State of Oregon; TOGETHER WITH that portion of vacated SW 67 Avenue, which attached thereto pursuant to vacation thereof by Ordinance No. 81 -78, of the City of Tigard, County of Washington and State of Oregon, a certified copy of which recorded September 18, 1981, as Fee No. 81031800. Tax Lot 803: A tract of land situated in the Northeast one - quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5 -8, 34- 36, and a portion of vacated Gonzaga Street and vacated 67 Avenue, Block 33, "West Portland Heights," being more particularly described as follows: Beginning at the southwest corner of Lot 34, Block 33; thence N 89° 57'00" E along the south line of said Lot 34 and the easterly extension thereof, 130.00 feet to the centerline of vacated SW 67 Avenue; thence N 00 °00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street,; thence S 89 °57'00" W along said centerline, 130.00 feet to the northerly extension of the west line of said Lot 5, Block 33, "West Portland Heights "; thence S 00 °00'00" E along said northerly extension and the west line thereof, 129.91 feet to the northwest corner of said Lot 36; thence continuing S 00 °00'00" E along the west line of said Lots 36, 35 and 34 a distance of 74.94 feet to the Point of Beginning. Page 1 - EXHIBIT "A" 6262001\SETBACK AGREEMENT.doc iiiiu11111 VIII 11111111611 2004 -79072 • EXHIB "B" RESTRICTED AREA A tract of land 10.00 feet wide for an access and utility easement situated in the Northeast one - quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at a found 5/8" iron rod at the northwest corner of Lot 33, Block 33, "West Portland Heights "; thence N 89 °57'00" E along the northerly line of Lot 33 a distance of 130.00 feet to a found 5/8" iron rod in the centerline of Vacated S.W. 67 Avenue; thence S 00 °00'00" W along said Vacated centerline a distance of 10.00 feet to a point; thence S 89 °57'00" W a distance of 130.00 feet to a point on the westerly line of Lot 33; thence N 00 °00'00" E a distance of 10.00 feet to the Point of Beginning. Page 1 - EXHIBIT "B" 6262001 \SETBACK AGREEMENT.doc