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2011-023637 Deed Restriction on Tree, Pacific Highway Washington County,Oregon 2011-023637 03/29/201110:29:37 AM 4 D-IRUL Crit■l Stn■21 RECORDSI $16.00$6.00 811.00$15.00-Total■$49.00 After Recording Send A Copy To: 11111111111111111111111111111111 City of Tigard 01584503201100236370030034 Attn: Hap Watkins I,Richard Hobernlcht,Director of Assessment and Taxation and Ex-Offlclo County Clerk for Washington 13125 SW Hall Blvd. County,Oregon,do hereby certify that the within Instrument of writing was received a d re orded In the Tigard, OR 97223 book of records of said couply. , r Richard Hobernlcht,Director Aoff�Assessment and File No.: SDR2009-00007 Taxetlon,Ex•Officlo County Clerk TREE RESTRICTIVE COVENANT DEED RESTRICTION Declarant is the owner of property described as Exhibit A Jame S C- 6 " fflfk 4h d 04,4'h4, N• Wit 1/ Declarant has preserved or retained trees over and across portions of said property in accordance with the Conditions of Approval of said plat. Any such preserved or retained tree (#1 and#2) shown on the Tree Preservation Plan (Exhibit B) may be removed only if the tree dies or is hazardous according to a certified arborist. This deed restriction may be removed or will be considered invalid if all trees preserved in accordance with this section should either die or be removed as hazardous. THIS AGREEMENT shall be deemed a Covenant running with the land and is binding upon the owners of property described as Exhibit A Washington County, Oregon and their successors and assigns. IN WITNESS THEREOF, the Declarant has executed this agreement on that date and year set forth below. DECLARANT: -- � I�IITI�� STATE OF OREGON,COUNTY OF WASHINGTON This instrument was acknowledged before me byJameS Q. K1rAth etcili Qiona N. Hull NO PUBLIC— j-cyjvcsfFP Date My Commission Expires 01111111111111//////� 1A1E Z '% ? 1EtyO1ARY a = poor l�llull►11►nll�``��� DESCRIPTION A tract of land in the Southwest one-quarter of Section 2,Township 2 South,Range 1 West, of the Willamette Meridian,in the City of Tigard, County of Washington and the state of Oregon, described as follows: Beginning at the Northeasterly corner of that property deeded to Alexander J.Luty and Pauline E Luty and described in Book 355 Page 74 of the Deed Records of Washington County, said point of beginning being North 89' 48'40"East 283.23 from the two inch iron pipe marking the initial point of Melrose, a plat of record, said point also being on the Northwesterly boundary of the relocated West side Pacific Highway (Oregon State Highway 99,West)Thence North 33' 15' 17'East, along the Northwesterly boundary of said Pacific Highway 85.00 feet to the true point of beginning; thence North 56' 44'43"West 140.00 feet; thence North 33' 15' 17"East 181.15 feet; thence North 56° 44'43"West 28.00 feet; thence North 33' 15' 17"West 68.00 feet; thence South 56' 44'43"East 168.00 feet to the northwesterly right of way of said Pacific Highway; thence South 33° 15' 17"West,along said right of way 249.15 feet to the point of beginning; ^ � IAN EXTG TREE Al 6" AIN TO REM PROPOSED MITIGATION EXTG TREE#8 4" TO REMAIN TO BE�EMQVED TO BE REMOVED EXTG TREE#2(1611) TO REMAIN TO REMA, EXTG TREE EXTG TREE#4 8" TO REMAIN TO BE REMOVED TO BE REMOV ED PROPOSED MITIGATION RETAINING WALL � ----------'-----'-'------ SW PACIFIC HyG -- | � ---_'--_''---'__--__ _'_---__'_----'--___---'-_---________