2011-083570 Washington County, Oregon 2011- 083570
11/28/2011 09 :25:05 AM
D -E Cnt =1 Stn =29 RECORDS,.
RETURN RECORDED DOCUMENT TO: $20.00 $5.00 $11,00 $15.00 - Total = $51,00
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD I IIII I 1111 111 III 11111 I II II
13125 SW HALL BLVD. 01652374201100835700040045
TIGARD OR 97223 1, Richard Hobernicht, Director of Assessment and ,;oaa.
Taxation and Ex- Officio County Clerk for Washington
■ County, Oregon, do hereby certify that the within !�}�
instrument of writing wee received a d re orded In the
Corporation
book of records of said coin
'w -.;
„
Richard Hobernicht, Director of Assessment and a .v
Taxation, Ex- Officio County Clerk
File No. PFI2011 -00021
ENCROACHMENT AGREEMENT (REVOCABLE PERMIT)
THIS AGREEMENT is entered into on Nlo f(! etei e• 2.1 , 2011, between the CITY
OF TIGARD, an Oregon Municipal Corporation (the "City ") and Community Financial Corporation,
an Oregon corporation ( "Property Owner ").
RECITALS
A. Property Owner owns property located south of and immediately adjacent to SW Durham
Road identified as Tax Lot Numbers 17500, 18200 Tract "B," 17400 (also known as SW Fern
Hollow Court), and 15200 in the City of Tigard, Washington County, Oregon more particularly
described as Lot Numbers 1, 2 and Tract "B" in the Fern Hollow Subdivision Plat.
B. Property Owner proposes to construct a wooden fence partially within the Durham Road
right -of -way as shown in the attached Exhibit A to buffer the existing lots from the street
• and provide a continuous fence line connecting to wooden fences east and west of the lots
identified in the abovementioned Section A.
C. Because the private street identified as SW Fern Hollow Court (Tract `B ") is built extremely
close to the Durham Road right -of -way with a retaining wall on the north side of the street, it is
not possible for the fence to be installed totally within private property.
D. Durham Road is currently a three -lane arterial with right -of -way sufficiently wide to
accommodate a five -lane roadway section. There is sufficient room to accommodate a wooden
fence on the south side without interfering with vehicular, bicycle or pedestrian movement on
the existing roadway section.
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.
Page 1 of 4
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,
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 portion of the encroachment that does 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 maintain the fence in good condition for the life of this agreement.
Property Owner may remove the fence at any time after this agreement is approved, but must
provide the City with 15 -day notice prior to removal. After removal of the encroachment, the
right -of -way must be restored to a satisfactory natural condition consistent with the natural
conditions surrounding the encroachment area. City will monitor the removal of the
encroachment and inspect the restoration of the area for compliance with the terms of this
agreement. City must approve the restoration work prior to termination of the agreement.
6. 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.
7. 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 lirnit the City's unilateral right to remove any portion
. of or all of the encroachment as provided above.
8. This agreement does not allow construction of any additional encroachments within the right -
o f -way.
9. All rights and privileges granted herein by the City shall terminate upon removal of all of the
encroachment or discontinuance of such use.
Page 2 of 4
WITNESS our hand this l day oi/WW14e , 2011.
Community Financial Corporation 1
Name of Property Owner John Sa -rberg
412 "A" Avenue, Suite 150
Lake Oswego, Oregon 97034 President, Community Financial Corp.
Address
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on NO t q , 2011
by: John Satterber. as President of • munity Financial Corporation representing Property
Owner. (� OFFICIAL SEAL
( ) .:, , - LESLIE A SHELTON /) NOTACOMMISSIORY PUBN LINOC OREGON 459370 I
1 (
O'er
MY COMMISSION EXPIRES JUNE 19 2015
Notary's Signature
My Commission Expires: 4/1 1 f 20/S
/
City Tigard t v/ of Ti and 1 4i
13125 S.W. Hall Blvd. Interim City Mana
Tigard, OR 97223
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on N 0 Y- _n'1i&J} / , 2011 by: Elizabeth A.
Newton as Interim City Manager of the City of Tigard.
G O
Notary's Signature
My Conunission Expires: ‘/ 4 1
` 14 ., OFFICIAL SEAL
` ' CATHERINE D WHEATLEY
;Cr "); NOTARY PUBLIC - OREGON
o COMMISSION NO. 459116
MY COMMISSION EXPIRES AUGUST 04, 2015
Page 3 of 4
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