2000-064965I� r. o 00000164965
STATE OF OREGON
County of Washington SS
I, Jerry R: FI son Die for of Assess-
ment and Tazafi& aanndEic Officio County
Clerk fo said;cowi ty, d,.',e�reby"certify that
the with inDinstrumentofwriting wasreceived
and recorded m book,ofecordstof said
county 1� }
A Jerry R Hanson Director of
"?Ass'essmeitandTaxation, Ex-
Officio -,o' rk
I
04 Q(IC ! A 8:
5:9
• � t
D 4 After recording, return to:
City of Tigard—Records Division
pj 13125 SW Hall Blvd.
Tigard,OR 97223
D/
RESTRICTIVE COVENANT
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this 14th day of Jul 2000, by the City of Tigard, a Municipal
Corporation of Washington County, Oregon, ("CITY"), and Aldora (Delores) Parsons, a corporation
authorized to do business in the State of Oregon, ("OWNER").
RECITALS
WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section
1 below, and
WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth
in MLP 97-00017 dated January 20, 1998, 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 OWNER'S compliance with the TMC,
and
WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and
WHEREAS parties wish to fulfill the requirements of Chapter 18.810.
IN CONSIDERATION of the mutual promises, convenants and undertakings, and the issuance of a ,
building permit in advance of OWNER constructing improvements required by the TMC,the parties agree
as follows:
Section 1: The real property subject to this Agreement is described as follows:
Partition Plat No. 2000- 066 ,Recorded as Document No. 2000064964 ,
Washington County, Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its
heirs, successors in interest or assigns.
a
Restrictive Covenant(Future Street Improvements) Page 1 of 5
Section 2: The improvements covered by this Agreement are as follows:
SW Bull Mountain Road
Half-street improvement adjacent to the frontage of the subject site, including 22 feet
of pavement from centerline to curb, curb, sidewalk, street trees, streetlights, street
signs, striping, storm drainage and any changes in vertical alignment necessary to
construct the street to meet safety standards.
Section 3: This Agreement shall be in full force and effect from the date of its execution until
the improvements referred to in Section 2 are constructed in accordance with CITY
standards in effect at the time of construction.
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a
result of any one of the following events:
(1) when the improvements are part of a larger project to be financed or paid for
by the formation of a Local Improvement District,
(2) when the 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 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 improvements are deemed to be appropriate by the
City Engineer in conjunction with construction of improvements by others
adjacent to the improvements described in Section 2.
In addition to this Agreement, OWNER'S obligation to share design and/or
construction expenses may arise by application of the Reimbursement District
Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process
whereby such expenses are distributed among benefited properties.
Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other
documents necessary to obtain the above listed applicable improvements under any
improvement act or proceeding of the State of Oregon, Washington County, or the
CITY as may be proposed or adopted and to waive all right to remonstrate against
the improvements listed in Section 2 above, submitted either alone or in conjunction
with other improvements described in Section 4, as may be proposed. OWNER
agrees that in lieu of any other document, CITY may treat this Agreement as a
waiver of remonstrance on behalf of the property described in Section 1 against
formation of such a Local Improvement District. OWNER covenants and agrees that
the improvements described in Section 2 will specially benefit OWNER'S property
as described in Section 1.
t Pa e2of5
Restrictive Covenant(Future Street Improvements) g
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the
installation of improvements listed in Section 2, then OWNER shall retain the right
to protest only the amount or the manner of spreading the assessment, but not the
formation of such district.
Section 7: CITY agrees that OWNER'S execution and performance of the terms of this
Agreement will be deemed to be in compliance with the requirements of TMC
Chapter 18.810 pertaining to Street Improvement Requirements, and if OWNER
complies in every respect with all other applicable laws of the State of Oregon,
Washington County, and the CITY, then OWNER shall be entitled to issuance of a
building permit.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be
constructed, or part of such improvements without regard to the source of funds for
such project, but not as part of a Local Improvement District, then CITY will charge
to OWNER and OWNER will promptly pay OWNER'S share of the cost of such
improvements. OWNER'S share will be determined by CITY in a manner similar to
spreading the cost of a public improvement to specially benefited properties. The
parties intend OWNER to share in the cost of improvements even though actual
construction is undertaken and performed by some third party, so long as the
improvements, listed in Section 2, are included within the project.
(1) Except as otherwise provided in subsection (2) of this section, prior to
construction of such improvements under this section, OWNER shall be
provided not less than six (6) months written notice by first class mail that the
project will be built. The notice shall advise OWNER that OWNER will
share in the cost of such improvements and provide OWNER with an
estimate of the total project cost as well as an estimate of OWNER'S share of
the costs. Failure to provide this "six month" notice in advance of
construction shall not nullify OWNER'S obligation to pay, but shall only
extend the payment due date by the amount of time less than six months that
notice was given, but not more than six months. Upon completion of
improvements pursuant to this Section, CITY shall provide written notice to
OWNER of OWNER'S share of the actual cost of the improvements and
OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's
share of the cost of the improvements is $10,000 or more, the owner may
elect to pay the City in 10 equal annual installments, with the first installment
due within 60 days of the notice. The installment option shall be available
only if the OWNER provides written notice and the first payment within 60
days of the notice. If the installment option is chosen, the unpaid amounts
shall bear interest at the then legal rate of interest. Interest on overdue
payments shall bear interest at the rate of one and one-half(1 %2%) per month
from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party,
who seeks reimbursement in accordance with the Reimbursement District
Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and
Restrictive Covenant(Future Street Improvements) Page 3 of 5
procedures of the ordinances shall apply in lieu of the provisions in
subsection(1) of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors
may pay to the CITY an amount determined by the CITY to be OWNER's share of
the anticipated cost of the future improvements. Payment under this section shall
discharge all of OWNER's obligations under this Agreement. City shall use the
funds received under this section solely to pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants,
conditions, and restrictions running with the title to the property covered by this
Agreement, and shall be binding upon parties to this Agreement, their heirs,
executors, assigns, administrators, and successors and shall be construed to be a
benefit and a burden upon the property described in Section 1. The parties agree the
CITY may, for purposes of recovering the cost of improvements described in Section
2, levy an assessment against the property, described in Section 1, 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 11: 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 property, described in Section 1 of the conditions, covenants and
restrictions against the title to the property imposed by this Agreement.
Section 12: CITY may enforce the terms of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNER'S 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 13: If suit or action is instituted to enforce a right guaranteed in 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 14: If any provision or part of the agreement is determined by a court to be invalid or
unenforceable for any reason, then such part shall be severed from the agreement and
the remainder shall remain fully enforceable.
OWNER(S):
b -
Signature
Aldora N. Parsons
Name (Print or Type)
Mailing Address
Restrictive Covenant(Future Street Improvements) Page 4 of 5
c �
Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a
corporation, it has caused its name to be signed by resolution or official approval of its board of
directors.
STATE OF ORE ON )
County of
On this I day 20 (I� , before me a Notary Public,
personally appeared and acknowledged
that the foregoing instrument to be their voluntary act and deed.
Before me:
OFFICIAL SEAL
Notary Public for egon
H DIANE M JELDERKS
NOTARY PUBLIC-OREGON My commission expires: !:Z/7/0 !3
COMMISSION NO.326578
MY COMMISSION EXPIRES SEPT.07,2003
Accepted on behalf of the City of Tigard this f7k day of �./ , 200a .
City Engineer
iAeng\priv-dev\street improvement agmt-restrictive covenant.doc.doc
Restrictive Covenant(Future Street Improvements) Page 5 of 5