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2011-051984 Washington County, Oregon 2011 ®O51 984 RETURN RECORDED DOCUMENT TO: 0712812011 11:24:16 AM CITY HALL RECORDS DEPARTMENT c -E Cnta1 Stnti12 S i'P81Ptia $20.00 $8.00 $11.00 $18.00 - Total a 181.00 l CITY OF TIGARD 13125 SW HALL BLVD. MI111111111 Ell TIGARD, OR 97223 01616899201100 1 40040049 I, Rlohard Hobernlcht, Director of Adeeeelnont end Taxation and Ex- Ofncio County Clerk for Washington Individual county, Oregon, do hereby eertIfy fiat the within et of wee received e d °P In book try i 'r book of f records s of of a said coin Richard Hicnt, Director of end File No. PST ZO 1 � ,,, ®® ©O Texatlon Ex•Cffld10 rooUnty Clerk Aeesaement ENCROACHMENT AGREEMENT (REVOCABLE PERMIT) • THIS AGREEMENT is entered into on J , 2011, between the CITY OF TIGARD, an Oregon Municipal Corporation (the "City ") and Millard F. Christner ( "Property Owner "). RECITALS A. Property Owner owns the property located at 11830 SW Greenburg Road, Tigard, Oregon 97223, more particularly described as the Welsh Partition Parcel 1 City of Tigard Land Use MLP2006 -00003 located in the City of Tigard, Washington County, Oregon and recorded as Document #2007062528 in the Washington County Book of Records. B. The Greenburg Road right -of -way along the property frontage was dedicated as part of the minor land partition and extends to within a few feet from the front of the existing house on that lot. C. Property Owner proposes to construct a concrete pad in front of the existing garage. A significant portion of this pad will be located within the Greenburg Road right -of -way. D. The proposed concrete pad is considered a minor encroachment, but requires issuance by the City of an encroachment permit to set the terms under which the encroachment may be constructed and allowed to remain within the Greenburg Road right -of -way. E. The City believes that the encroachment may be constructed as proposed without significantly interfering with City's use of the right -of -way. Said encroachment would be subject to removal by the Property Owner at the Property Owner's expense if the City requires use of the full right -of -way at any time in the future. TERMS OF AGREEMENT 1. City will allow construction of the encroachment into the right -of -way as shown in the attached Exhibit A. The construction work will be inspected for conformance to the proposed plan through issuance of a PFI (Public Facility Improvement) permit. 2. Should the City require use of the right -of -way containing the encroachment, written notice to Property Owner at least 30 days in advance will be given, unless, in the City's sole discretion, Page 1 of 3 City determines that an emergency situation does not allow the full notice period. Removal of any or all of the encroachment shall be at Property Owner's expense. 3. Property Owner, on behalf of Property Owner and all future owners of the underlying property, agrees to removal of the encroachment at Property Owner's expense upon receipt of written notice from City. Any of the encroachment that do not require removal will be allowed to remain in place. 4. If Property Owner does not remove the encroachment within the period of time designated by the notice, City shall have the right to remove the encroachment and bill Property Owner for the cost of removal and restoration. 5. Property Owner agrees to indemnify and hold harmless the City, and its officers, employees, and agents, from and against all claims, demands and causes of action and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of or in any way resulting from the presence of the encroachment in the right -of -way. 6. 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 does not limit the City's unilateral right to remove any portion of or all of the encroachment as provided above. 7. This agreement does not allow construction of any additional encroachments within the right- o f-way. 8. All rights and privileges granted herein by the City shall terminate upon removal of all of the encroachment or discontinuance of such use. WITNESS our hand this a7 day oo &4 * -_ , 2011. Millard F. Christner 4 Name of Property Owner Signature P.O. Box 82951 Portland, Oregon 97282 Address STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on I.IArl2 , 2011 by: Millard F. Christner representing Property Owner. _. .,4 . !r • � / ..I C" OFFICIAL SEAL � Notary s Signature / - ) „ DIANE M JELDERKS fj My Commission Expires: 11 /10k ( NOTARY PUBUC-0OREGON 9 + , COMMISSION NO. 423523 MY COMMISSION EXPIRES NOV. 18 2011 1 Page 2 of 3 City of Tigard��jj' 13125 S.W. Hall Blvd. City Man er Tigard, OR 97223 STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on �(( p , 2011 by: Craig Prosser as City Manager of the City of Tigard. 6 OFFICIAL SEAL N otary's Signature ��. o wf+�►r.En I a(� 1 ; w pgEG°4 My Commission Expires: C I r ` NOTARY PU ss NO. 419237 C0144ISSION EXPIRES AUG. �, 2p11 MY Page 3 of 3 EXHIBIT A 11900 11790 r ' 11838 'b., a' £ 11942 �F t d r�'� � �� Fn ;' 118 t1 # g 20 fp�� P roposed Concret Pad 11.795 / 11852 11 054 f f 11960 0 Q , /.0 ! � _ , 11825 Feet 0 e; , 1 i /, .