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2007-100897,> ()1) Washington County,Oregon U 09118/2007 03:54:19 PM 2007-100905 D-R/r Cnt=1 Stn=6 J GREGORY $80.� 30$11.00-Total=$96.00 � l After recording, return to: 01166783200701009050160164 I,Richard Hobernicht,Director of Assessment and oar Taxation and Ex-Officio County Clerk for Washington City of Tigard—Records Division County,Oregon,do hereby certify that the within V f` instrument of writing was received and recorded in the I' 13125 SW Hall Boulevard book of records of said cou ' T Tigard, Oregon 97223 Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio County Clerk NO CHANGE IN TAX STATEMENT RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this fifteenth day of August, 2007, by the City of Tigard, a Municipal Corporation of Washington County, Oregon ("CITY"), and Johnstone Family Trust, LLC, Wells Apartments, LLC, Dawn New Hunziker, LLC, Michael Lehne, Hunziker, LLC, Suzanne Lehne, Hunziker, LLC, James S. Russell, Karen M. Russell, and Youde Family Trust, Tigard, LLC ("OWNERS"). RECITALS WHEREAS OWNERS own that certain real property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNERS have received approval of a development on such property from the CITY, as set forth in Land Use Case No. MLP2004-00008 dated Effective Date of Land Use Approval 2/23/2006, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNERS' compliance with the TMC, and WHEREAS OWNERS wish to mitigate the impacts of the proposed development, and WHEREAS the parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants, and undertakings, set forth below, the parties agree as follows: Section 1: The property subject to this Agreement is described as follows: Parcels 1 and 2 of Partition Plat Plat No.2007- 0 & q J. Recorded as Document No.2007- /00 ? ' `7 City of Tigard, Washington County, Oregon. Section 2: OWNERS hereby agree that the owners of the real property identified as Parcel 1 and Parcel 2 of the partition plat(collectively, the "Parcels," and each, a PDX/106563/151546/JFD/1501566.3 "Parcel"), and their respective successors in ownership of those parcels, shall participate in future improvements (the"Wall Street Improvements") to that certain private driveway known as "Wall Street"that is located to the east of the property if Wall Street becomes a public street. Such participation shall be required only when one of the following events occurs: (1) when the Wall Street Improvements are part of a larger project to be financed or paid for by the formation of a local improvement district; (2) when the Wall Street Improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency; (3) when the Wall Street Improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1; or (4) when construction of the Wall Street Improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to Wall Street. Section 3: This Agreement shall be in full force and effect from the date of its execution until the Wall Street Improvements, if any, are constructed. Section 4: If CITY decides to form a local improvement district as a mechanism for payment of the costs of the Wall Street Improvements, then OWNERS shall waive any right they may have to object to or remonstrate against the formation by CITY of the local improvement district. Section 5: CITY acknowledges that OWNERS' execution and performance of the terms of this Agreement constitute compliance with the requirements of TMC Chapter 18.810. Section 6: CITY and OWNERS intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the Parcels and shall be binding upon parties to this Agreement and upon OWNERS' successors in ownership of the Parcels, and shall be construed to be a benefit and a burden upon the Parcels. The parties agree the CITY may, for purposes of recovering the costs of the Wall Street Improvements for which the owner of a Parcel is legally obligated to pay, levy an assessment against such Parcel, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 7: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of Parcels of the conditions, covenants, and restrictions against the title to the Parcels imposed by this Agreement. - 2 - PDX/106563/151546/JFD/1501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC By: Johnsto F ily Trust By: By: Arthur o stone, Trustee DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER, LLC By: Dawn New, Member By: Michael Lehne, Member SUZANNE LEHNE, Fr NZIKER, LLC By: Suzanne Lehne, Member James S. Russell YOUDE FAMILY TRUST, TIGARD, LLC Karen M. Russell By: Youde Family Trust By: Accepted on behalf of the City of Tigard this 4 day of 5,�„p-{- ,� , 2001 QP. 0 ..-._ City Engineer - 3 - PDX/106563/151546/JFD/1501566.3 STATE OF OREGON ) ss County of ��Shltl�l�o�) I certify that I know or have satisfactory evidence that �tr-1'h�r John S4-ofW-is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Johnstone Family Trust, LLC, an Oregon limited liability company, to be to I&& �Suc p y for the uses and purposes mentioned in the instrument. ANGRA QUINTERO NOTARY PUBLIC•OREGM COMMISSION ft 410038 ILEANotary ublic for Or gon W the -Pre-c- and ✓a/v n t ry t My Commission Expires: o-F su4h party STATE OF OREGON ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Wells Apartments, LLC, an Oregon limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for Oregon My Commission Expires: STATE OF ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Dawn New Hunziker, LLC, a , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for My Commission Expires: - 4 - PDX/106563/151546/JFD/1501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC z x/1-1 t� By: Johnstone Family Trust By:9eve e J Le L,ti,??, By: Arthur Johnstone, Trustee Davpl.p'�y - Bee.eTi1.1 fn G..<Jtr DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER, LLC By: Dawn New, Member By: Michael Lehne, Member SUZANNE LEHNE, HUNZIKER, LLC By: Suzanne Lehne, Member James S. Russell YOUDE FAMILY TRUST, TIGARD, LLC Karen M. Russell By: Youde Family Trust By: Accepted on behalf of the City of Tigard this day of , 20_. City Engineer - 8 - PDX/t o6561/15 1546/JFD/t SOt 5663 STATE OF OREGON ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Johnstone Family Trust, LLC, an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for Oregon My Commission Expires: STATE OF OREGON '' `� ss County of (�.�Ct2VN Y-D Q I certify that I know or have satisfactory evidence that is is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the 14MW of Wells Apartments, LLC, an Oregon limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument: O�� GUWMR An�do- Qoin�e�Q AIA2WkP—L-) �Na�au�ao $WARY PUBUC•OREGM Notar Public for Oregon COMMISSION NO.410036 WCOMr� D( I t My Commission Expires: Se'QPk 'hex I S- 2oLC) STATE OF ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Dawn New Hunziker, LLC, a to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for My Commission Expires: - 9 - PDX/t 66563/t 51546/JFD/t 501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights,remedies,and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement,the prevailing party shall be entitled to, in addition to the statutory costs and disbursements,a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC By: Johnstone Family Trust By: By: Arthur Johnstone,Trustee DAWN NEW HUNZIKER,LLC MICHAEL LEHNE,H ZI R,L C By: Dawn New,Member By: Michael Lehne,Member SUZANNE LEHNE,HUNZIKER, LLC J//V/��/')2-e,/-Z--0� - -ye Lehne,Member James S.Russell YOUDE FAMILY TRUST,TIGARD, LLC Karen M. Russell By: Youde Family Trust By: Accepted on behalf of the City of Tigard this day of ,20_. City Engineer -3 - PDX/106563!151546/JFD/1501566.3 NOTARY P11rJC-0REGiON STATE OF OREGON } MY EXPIRES JULY 31 2W9 } ss County ofkAuLN&aA _) I certify that I know or have satisfactory evidence that/i�i(ic/4a kt e is the person who appeared before me, and said person acknowledged that he signed this instrument, onoath s ted at he was authorized to execute the instrument and acknowledged it as the l e of Michael Lehne Hunziker,LLC,an Oregon limited liability company,to be the free and voluntary act of such party for the us d pes mentione in the instrument. 411 k 11,4 kvh Publ or regon STATE OF OREGON K GOA. ss [tSIINWMJUtY3I,2W �li��MMlydll� County of ) I certify that I know or have satisfactory evidence that L,-�z ti H� is the person who appeared before me,and said person acknowledged that she signed this instrument, on oaths ted that she was authorized to execute the instrument and acknowledged it as the �/� of Suzanne Lehne, Hunziker,LLC,an Oregon limited liability company,to be the free and voluntary act of such party for the and p s mentioned in the instrument. Public regon My Commission Expires:�l� STATE OF ) ss County of I certify that-I know or have satisfactory evidence that James S. Russell is the person who appeared before-me,and said person acknowledged that he signed this instrument, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Notary Public for My Commission Expires: -5 - PDXJ106563/1.51546/JFD/1501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement,the prevailing party shall be entitled to, in addition to the statutory costs and disbursements,a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC By: Johnstone Family Trust By: By: Arthur Johnstone, Trustee DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER, LLC By: Dawn New, Member By: Michael Lehne, Member SUZANNE LEI-INE, HUNZIKER, LLC By: Suzanne Lehne, Member James S. Russell YOUDE FAMILY TRUST,TIGARD, LLC Karen M. Russell By: Youde Family Trust By: d on behalf of the Cit of Ti Accepted y and this day of )20—. 8 City Engineer - 3 - PDX/106563/151546/JFD/1501566.3 STATE OF OREGON ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Johnstone Family Trust, LLC,an Oregon limited liability company,to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Wells Apartments, LLC, an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for Oregon My Commission Expires: STATE OF -b f f) ) ss County orSOQ > I certify that I know or have satisfactory evidence thatis the person who appeared before me, and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as theof Dawn New Hunziker,LLC, a IJUaSb(�`��StoK UWc 4 ,611 (jjwxauwA , to be the free and voluntary act of such party for the dses and purposes mentWRW,i4the nstrume t. ItIl 91 j 0 XAOTqt� 9 '�i� Notary . lic for �' �,� v,• n My Commission Expires: '4--30 CL13 �(;rA �'UEL1G -4 - PDX/106563/151546/JFD/1501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies,OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights,remedies,and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement,the prevailing party shall be entitled to, in addition to the statutory costs and disbursements,a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST,LLC WELLS APARTMENTS,LLC By: Johnstone Family Trust By: By: Arthur Johnstone,Trustee DAWN NEW HUNZIKER,LLC MICHAEL LEHNE,HUNZIKER,LLC By: Dawn New,Member By: Michael Lehne,Member i SUZANNE LEHNE,HUNZIKER,LLC By: Suzanne Lehne,Member James S.Russell YOUDE FAMILY TRUST,TIGARD, LLC n M. Russell By: Youde Family Trust By: Accepted on behalf of the City of Tigard this day of ,20_. City Engineer - 3 - pDX1106563/151 W/IFD/1501566.3 STATE OF OREGON ) ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Michael Lehne Hunziker,LLC,an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ss County of } I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the of Suzanne Lehne,Hunziker,LLC,an Oregon limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. • Notary Public for Oregon My Commission Expires: STATE O� - } ss County o __) I certify that I know or have satisfactory evidence that James S. Russell is the person who ✓ appeared before me,and said person acknowledged that he signed this instrument,and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Yk CA Notary Public for `✓� ����it!t!!°i""c /s�• My Commission Expires: �� O • -5 - PDX/106563/151546/JFD/1501566.3 STATE OF tA)AS r l t I)Oss County ofd 1 I certify that I know or have satisfactory evidence that Karen M.Russell is the person ✓ who appeared before me,and saiwrson acknowledged that she signed this instrument,and acknowledged it to be heract for the uses and purposes mentioned in this instrument. '�� . ... �./� + r r e. � n v o I u r) a r c l .91.• �ssi�aF$.>��G ® NOTARY w Z= f)o fm Notary Public for - 0.'_ a My Commission Expires: '� 9A o� O �'•.�RX18 ti ,.� �� STATE OF '�1ftfai1�1461„�'��� ss County of ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Youde Family Trust,Tigard,LLC,a Washington limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public for My Commission Expires: PDX/106563/151546/JFD/1501566.3 Section 8: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNERS' failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 9: If suit or action is instituted with respect to this agreement,the prevailing party shall be entitled to, in addition to the statutory costs and disbursements,a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 10: The parties agree that if any term or provision of this agreement is declared by a court to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. OWNER(S): JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS,LLC By: Johnstone Family Trust By: By: Arthur Johnstone,Trustee DAWN NEW HUNZIKER,LLC MICHAEL LEHNE, HUNZIKER,LLC By: Dawn New,Member By: Michael Lehne, Member SUZANNE LEHNE, HUNZIKER, LLC By: Suzanne Lehne,Member James S. Russell YOUDE FAMILY UST,TIGARD, LLC Karen M. Russell By Youde Famil Trust Accepted on behalf of the City of Tigard this day of .1120—. City Engineer - 3 - vnxn n6ewul S1 lAIVI )n Snl W I STATE OF 1.V ! 4�I / I ) ss County of l� ) I certify that I know or have satisfactory evidence that Karen M. Russell is the person who appeared before me, and said person acknowledged that she signed this instrument,and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Notary Public for 06SL�- IA My Commission Expires: STATE OF ss County of Ua4ck ) I certify that I know or have satisfactory evidence that G 1M p_'Q, gAt-r(110 is the person who appeared before me, and said person acknowledged that�Rshe signed this instrument,on oath stated tha he)she was authorized to execute the instrument and acknowledged it as the b of Youde Family Trust,Tigard,LLC,a Washington limited liability company,to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. LA m,A . OAk,-,, 1, Notary Public for My Commission Expires: a© N �Ol AR Y LU `G ^ 2 PUBS- o �O `p� OCr0BEVk L OF W A5� -6 - PDX/106563/151546/JFD/1501566.3 �i Q • I TY of TIGARD HERMO O ^� VICINITY MAP SEVELMD RD ti 10 96 RNS o I J m � IFR ST I W