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Plans P I ° CITY OF TIG - SITE PLAN REVIEW y CITY OF TIGARD -SITE PLAN REVIEW N BUILDING PERMIT NO.: �'1 - C- 7- )e ) BUILDING PERMIT NO: 1`-�S.�c2>9- -� 2. PLANNING DIVISION: k. Required Setbacks: Approved D ❑ Not Approved Street Trees: "pp ❑ Not A rov 7 roved pp D Side: Street Side: Rea I� Protected : A pproved ❑Not Approve o Front. !a G arage: � - 1 B Y : V oo�t�' .�/ Date: pr y �7/ad V isual Clearance: A pproved ❑Not Approved Notes: c Maximum Building Height• 3 f eet "Proaw1 "" 6-I. we'll ,,, n l N �l CWS Service Provider Letter Required: ❑ Yes ❑ No ��� I J — ❑ Received Z B1: )/u Date: si/ 1 /o 1 ENGINEERIN DEPART ENT: ■ Actual Slope:S...% A proved ❑ Not4Approved 34 -0° 23' -7° Site Nil: � /' A' �/ ppro d ❑ Not Approved ' Pr- ° � ;� B � • 4. W L' N° tte: L� l S / / _ ? S 88 ° 56'02" E TOE OF BANK c 8 NOlVS: C �� t.._ ;.rrp �. ;c 81.67 � y s � r. 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Grantor owns of record certain real property located in Washington County, Oregon, as described on the attached and incorporated Exhibit A ( "Grantor's Property "). B. Grantee owns of record certain real property adjacent to Grantor's Property also located in Washington County, Oregon, as described on the attached and incorporated Exhibit A ( "Grantee's Property"), which Grantee intends to construct a single family residential home. Grantor's Property and Grantee's Property are sometimes referred to in this Agreement collectively as the "Property." THE TRUE CONSIDERATION for this conveyance is $0.00. However the actual consideration consists of or includes other property or value given or promised which is the whole consideration. The Grantor and Grantee covenant and agree as follows: 1. Grant of Easements 1.1 Storm Drainage Easement. Grantor, for themselves and for their successors and assigns, hereby convey and grant to Grantee, its successors and assigns, a permanent, non - exclusive Storm Drainage Easement over, under, in, along, across and upon the property described on the attached and incorporated Exhibit A, solely for the lawful construction, installation, maintenance, operation, repair, replacement and use of underground storm drainage pipe, and related storm drainage facilities, and for maintenance access to the Storm Drainage Easement Area is depicted generally on the attached and incorporated Exhibit A. 1.2. Temporary Construction Easement. Grantor, for themselves and for their successors and assigns, hereby convey and grant to Grantee, its successors and assigns, a temporary, non- exclusive easement (the "Temporary Construction Easement ") over, under, in, along, across and upon the property described on the attached and incorporated Exhibit A (the "Temporary Easement Area ") for use in the initial construction and installation of the improvements and other construction purposes reasonably related to the initial construction of the improvements. Prior to commencement of the Temporary Construction Easement, Grantee shall have access to the Property during normal business hours to conduct all studies, tests, examinations and surveys necessary to design and construct the improvements. The Temporary Construction Easement is depicted generally on the attached and incorporated Exhibit A. 2. Terms of Easements. 2.1 Storm Drainage Easement. The Storm Drainage Easement shall commence on the effective date of this Agreement and shall run with the land and continue in full force and effect until Grantee has abandoned the Improvements, as the term "abandonment" is defined in Section 5.7 below. Grantee agrees to construct the improvements in a manner which will make the same accessible to Grantor's Property. 2.2 Temporary Construction Easement. The Temporary Construction Easement shall commence on the effective date of this Agreement and shall automatically terminate and expire upon (I) the date construction of the Improvements are completed, or (II) December 31, 2009, whichever date shall first occur. Upon the expiration of the term of the Temporary Construction Easement, all of the rights and benefits of Grantee in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. 3. Reservation by Grantor/Non- Exclusive Use. All right, title and interest in and to any easement area under this Agreement which may be used and enjoyed without interfering with the rights conveyed by this Agreement are reserved to Grantor, provided, however, that Grantor shall not enact or maintain any buildings which may cause damage to or interfere with the improvements to be placed within the Storm Drainage Easement Area; or develop, landscape, or beautify any easement area in any way which would unreasonably or materially increase the costs to Grantee of installing the Improvements or restoring any of the Easement Areas after such installation. 4. Construction of Storm Drainage Improvements. 4.1 Costs/Lien -Free Construction. Grantee shall bear and promptly pay without the imposition of any lien or charge on or against all or any portion of Grantor Property all costs and expenses of construction and maintenance of the improvements, including the installation of up to two side sewer connections for Grantor's use and the exercise of any easement rights granted under this Agreement. 4.2 Compliance With Laws. Grantee shall construct the improvements in a workmanlike manner and in compliance with the applicable statutes, ordinances, rules and regulations of all governing public authorities as those statures, ordinances, rules and regulations are amended from time to time. 4.3 Restoration. In the event the surface of any easement area is disturbed by Grantee's exercise of any of its easement rights under this Agreement, such area shall be restored to the condition in which it existed at the commencement of such activities. 5. General Provisions. 5.1 Covenants Running with the Land/Assignment. The parties to this Agreement acknowledge and agree that the easements and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. Without limiting the foregoing, Grantor acknowledge that Grantee's rights under this Agreement are assignable; that Grantee may enter into agreements to sell or otherwise may transfer Grantee's Property, either to affiliates of Grantee or to third parties, and that Grantor hereby consent to Grantee's assignment of all of its right, title and interest and its delegation of all of its obligations created under this Agreement upon any such the sale or transfer and, upon any such assignment, Grantee shall be forever released and discharged from any and all claims, demands and damages which Grantor may have, make or suffer as a result of any thing done or occurring after the date of such assignment. Nothing contained in this Section 5.1, however, shall in any way be construed as releasing Grantee's successors and assigns from any obligations to Grantor created by this Agreement or to in any way limit Grantor's remedies at law or in equity as against such successors and assigns. 5.2 Effective Date. This agreement shall be effective upon the date it is executed by an authorized representative of each signing party. 5.3 Authorized Representative. Each individual signing on behalf of a party to this Agreement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. 5.4 Notices. Any notice permitted or required by this Agreement shall be deemed received, if delivered, when actually received, or, if mailed, on the third day after mailing by registered or certified mail, postage prepaid, to the party's address set forth below their respective signatures to this Agreement, or to such other address designated in writing to the other parties. 5.5 Attorney's Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Agreement, including one subject to arbitration, the non - prevailing party in any such dispute shall pay the prevailing the prevailing party's reasonable attorney's fees and costs incurred. In the event of arbitration, the fees of the arbitrator and the cost of the arbitration shall be paid by the non - prevailing party. In the event that neither party wholly prevails, the court or arbitrator, as applicable, may apportions the costs or fees as the court or arbitrator deems appropriate. 5.6 Plan. Upon Grantor request, Grantee shall provide Grantor with as -built drawings and a survey showing the location and depth of the improvements installed in the Storm Drainage Easement Area. 5.7 Abandonment. In the event Grantee or its successors and assigns abandon or terminate their use of all of the improvements for a period of thirty-six (36) consecutive months, this Agreement and all easement rights granted there under shall terminate. 5.8 Further Cooperation. Each of the signatures to this Agreement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this agreement. r � IN WITNESS of this, the undersigned have executed this Agreement as of this e/ day of i7 / , 2009 Dated this day of -e-P j t , 2009. Lid da.44 Grantor Grantee i4embe of Keystone Webber, LLC. Member of Webber Properties, LLC. Name: -. V r _S M . Cat ; _ _ Name:ctla V STATE OF OREGON ) ) :ss COUNTY OF WASHINGTON ) ON THIS ?/ f day of /fir? , 2009, before me, personally appeared .. (J /3%e‘ , Grantor, known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto the day and year in this certificate first above written. �'. ..._ OFFICIAL SEAL :` HENRY TRAN • NOTARY PUBLIC - OREGON . tary P in and for the State of Oregon COMMISSION NO. 431613 MY COMMISSION EXPIRES AUG_ 13, 2012 My A .,•ntment Expires ma c% /f STATE OF OREGON ) ) :ss COUNTY OF WASHINGTON ) N THIS 2' day of 'r•"" , 2009, before me, personally appeared , Grantee, known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be his/her /their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto the day and year in this certificate first above written. OFFICIAL SEAL •' .tart' P n and for the State of Or on My A .mtment Expires HENP.Y :.:: Y p. p A, /� , 2 0/ Z NOTARY PUBLIC - OREGON (/ // COMMISSION NO. 431613 MY COMMISSION EXPIRES AUG. 13, 2012 • LX A STORM DR 1 \1, \'AGE LEGAL DESCT' IP T 9®N SI LOCATED IN A PORTION OF LOT 62 DURHAM ACRES, AND SITUATED IN THE N.W. 1/4 OF SECTION 12, TOWNSHIP 2- SOUTH, RANGE 1 -WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON 20' J S88'56'02 'E 38 w 33 w 14660 SW 79th AVENUE ; o LOT MEADOWS LOT 38 BRITTANY MEADOWS ° ,c-,-12 WEBBER PROPERTIES, LLC. KEYSTONE WEBBER, LLC o 25' LiJ z p Q N01'03'58 "E S88_56'02 "E _ 80.00' _ S01 °03'58'{W = 5.00' x . ;; j ; / / /4- / i /� i '/ 5.00' I N88 °56'02" N 80.00' J W 0) � 5.0 ' STORM DRA NAGE r.--- L1 0 ' TEMPORARY Z ESMT. POINT OF BEGINNING CONSTRUCTION ESMT. EASEMENT W SW CORNER OF LOT C!) 33 BR TTANY MEADOWS co u _ o F— o 37 36 35 34 z 00 Ln .-- SW WEBBER LANE N W _ _ - _ _ E (II 111 III III II[ III I11 111 111 III I I 0 20 40 s SCALE: 1 " =20' DESIGN SCALE AS DRAFTED BRITTANY MEADOWS DWG N JOH CHECKED HARRIS - McMONAGLE ASSOCIATES, INC. ®1' 33 STORM DRAINAGE SHEET TCM ENGINEERS - SURVEYORS 1 DATE 8740 SW SCOFFl 2 STREET SKETCH OF 4 -20 -09 PHONE: (503) 97223-6287 EASEMENT J�\ PHONE: (503) 639 -34453 HARRIS - McMONAGLE ASSOCIATES INC. ENGINEERS- SURVEYORS- PLANNERS 8740 SW SCOFFINS STREET TIGARD. OREGON 97223 TEL (503) 639 -3453 FAX (503) 639 -1232 April 20, 2009 EXHIBIT IT " ,A 99 STORM DRAINAGE EASEMENT LEGAL DESCRIPTION THE FOLLOWING DESCRIBED PERMANENT EASEMENT BEING A PORTION OF LOT 33 OF THE DULY RECORDED PLAT OF "BRITTANY MEADOWS" SITUATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2- SOUTH, RANGE 1 -WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON. 5.00 FOOT WIDE PERMANENT EASEMENT: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 33, LOCATED N 01 °03'58" E 40.00 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE DESCRIBING THE EASEMENT BOUNDARY AND CONTINUING ALONG SAID WEST LINE N 01°03'58" E 5.00 FEET; THENCE S 88 °56'02" E 80.00 FEET TO THE WESTERLY 25 -FOOT RIGHT OF WAY LINE OF S.W. 78' AVENUE; THENCE ALONG LAST SAID LINE S 01 °03'58" W 5.00 FEET; THENCE N 86 °56'02" W 80.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 400 SQUARE FEET. TOGETHER WITH A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT: THE ABOVE DESCRIBED PERMANENT EASEMENT SHALL BE ACCOMPANIED WITH A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ABUTTING THE SOUTH LINE OF LOT 33 EXTENDING AN ADDITIONAL 5.00 FEET NORTH BEYOND THE AFORMENTIONED PERMANENT STORM DRAINAGE EASEMENT.