2011-075211 Heritage Tree #3 Washington County,Oregon 2011-075211
10/27/2011 11:08:47 AM
D-IRUL Cnt=1 Stn=12 S PFEIFER
$15.00$5.00$11,00$15.00-Total=$46.00
Return Recorded Document to:
City of Tigard—Records Division 01643271201100752110030032
I,Richard Hobernlcht,Director of Assessment and
13125 SW Hall Blvd Taxation and Ex-Officlo County Clerk for Washington t
County,Oregon,do hereby certify that the within
Tigard, OR 97223 Instrument of writing was received a d re orded In the
book of records of said cou1
Richard Hobernlcht,Director of Assessment and
No change in Tax Statement Taxation,Ex-Offlclo County Clerk
File# SUB2006-00010
Declaration of Restrictive Covenant—Heritage Tree #3
Comes now White Oak Village,LLC ("Grantor") and,pursuant to the Heritage Tree
protection provisions of the Tigard Municipal Code,hereby desires and does declare the following
.restrictive covenant(s) upon the following described Real Property,in compliance with terms,
conditions, and provisions of the City of Tigard regulations relating to Heritage Trees:
The species of the tree to be preserved is Oregon White Oak (Quercusgarryana). The tree is identified
as Tree #19 in the White Oak Village Subdivision (SUB2006-00010) and is in Tract"C" of the
subdivision plat.
The tree is located in the SW one-quarter of Section 36,Township 1 South, Range 1 West
Willamette Meridian, City of Tigard,Washington County, Oregon, the location of the heritage tree is
described as follows:
Beginning at the Southeast corner of Tract"C" White Oak Village thence N 00° 08'47" E, along
the east line of said Tract"C", a distance of 51.28 feet; thence N 89° 51' 13"W a distance of 5.89
feet to the center of a 60"White Oak heritage tree.
Restrictive Covenant(s):
1.The tree located upon the Real Property and accepted by the City of Tigard's Tree Board and
approved by the City Council on January 27, 2009 as a "Heritage Tree," (as defined by the Tigard
Municipal Code Section 9.08.010,) shall hereafter be protected as a"Heritage Tree" in accordance
with Tigard Municipal Code Section 9.08, and all regulations thereto. Grantor covenants not to
remove the Heritage Tree except as permitted by said Tigard Municipal Code Section 9.08. r
The covenant shall run with the land and be binding upon the Grantor, Grantor's successors and
assigns and shall be a perpetual covenant provided, however, that this Covenant may be released and
discharged by recording a document extinguishing this Covenant, executed by the City of Tigard,in
the Official Records of Washington County, Oregon.
The undersigned Grantors hereby covenant and represent to the City of Tigard that Grantor is the
fee title owner or contract vendee of the Real Property and that this Declaration is executed
pursuant to lawful authority if Grantor is an entity.
Grantor:
Declaration of Restrictive Covenant—Heritage Tree#3, Page 1 of 2
White Oak Village,
LLC /
Print Name:
Tide: M IEM U"�i tTE &Pq< j I t-�v C-, L-L-C-
Date: i 11-2--2-/0!3.
State of Oregon )
)ss.
County of kto rh, C )
This instrument was acknowledged before me on 4a.' &L—fC' (date) by
L-e r) F7, D a I 4-cm (name(s) fof�erson(s)) as I� � (type of
authority, e.g., officer, trustee, etc) of l/� /l l 2 name of
party/company on behalf of whom instrument s executed).
Notary's Signature
My Commission Expires:------------------
U'
=NO
TLEY
TARy PUBLIC.
I(*
37MY CUG.04-2011
Declaration of Restrictive Covenant—Heritage Tree#3, Page 2 of 2
Heritage Tree Designation and Preservation Agreement
Upon acceptance by the Tigard City Council,White Oak Village,LLC, the owner of the following described
property,agree that a certain tree thereon and more fully described herein shall be placed on the City of
Tigard's list of Heritage Trees and thereafter preserved and protected. We recognize and agree that
placement on this list is due to the landmark importance of the tree due to age, size, species,horticultural
quality or historic importance of such tree and its retention will not interfere with the use of the property
upon which it is located.
The species of the tree to be preserved is Oregon White Oak(Quercusganyana). The tree is identified as Tree
#19 in the White Oak Village Subdivision (SUB2006-00010) and is in Tract"C"of the subdivision plat.
The tree is located in the SW one-quarter of Section 36,Township 1 South,Range 1 West Willamette
Meridian, City of Tigard,Washington County,Oregon,the location of the heritage tree is described as
follows:
Beginning at the Southeast corner of Tract"C"White Oak Village thence N 00°08'47"E, along the east line
of said Tract"C",a distance of 51.28 feet; thence N 89°51' 13"W a distance of 5.89 feet to the center of a
60"White Oak heritage tree.
As owner of the property and the tree,I recognize and agree that this Heritage Tree designation does not
affect my title and,therefore,we will indemnify and hold the City harmless from any claim which challenges
this designation. We also understand and agree that tree maintenance,care and/or pruning continues to be
my responsibility as the property owner and not the City's,and that we will, to the best of our ability,preserve
the tree from disease and death.
Finally, I agree to forfeit any exemption we may have from the Tigard Municipal Code which might otherwise
permit us to cut down the tree. This forfeiture of exemption does not prohibit us from requesting removal
of the designation of Heritage tree in accordance with section 9.08.060 of the Tigard Municipal Code.
The covenants and conditions in this agreement shall run with the land and shall bind ourselves,as well as
our heirs, successors and assigns and this document may be filed in the County Recorder's Office.
BY: 1� [ 1 , —�ariai ry� c ii 1ti � Li-�
Date (owner's name)
'f%Gv
Approved and accepted by the Tigard City Council thi day o 091.
CITYOF T ARZ01GO
BY:
Mayor
BY
City Recorde
50014-36792 Attachment J,Heritage Tree 43,11625 SW Pacific Highway,Heritage Tree
Designation and Preservation AgreementlM%1,22.2009