2000-072650 e -
STATE OF _-GON ,
County of Washington } SS
Jerry
ment and of Assess-
Clerk fori !cp "PT
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the wit ' rrt �p/ rtify that
and rer ® eceived
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Doc 2000072650
Rect: 262683 42.00
09/08/2000 03:47:33pm
p After recording,return to:
City of Tigard—Records Division
13125 SW Hall Blvd.
Tigard, OR 97223
This Insdwa t filed for record by Fidelity
National Title as an accommodation only.It has
not been euan*W as to its vaution or as to its
efliedupmtheN& Go/
06,S-7
RESTRICTIVE COVENANT
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this 16 day of , 2000, by the City of Tigard,
a Municipal Corporation of Washington County, Oregon, ("CITY"), and tfZAA4py-*,
lw�flrh� 11-Z,. , 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 SUB 98-00004 dated August 3, 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:
Hunters Woodland Subdivision, Plat Book /3 Z , Page(s) zlj ,yl ,
Recorded as Document No. )-060-07Z S/7 , 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.
Section 2: The improvements covered by this Agreement are as follows:
Restrictive Covenant(Future Street Improvements) Page 1 of 5
SW Fonner Street
Participation in future improvements of this roadway adjacent to the east boundary of the
site, specifically the portion lying north of SW Elton Court and the north boundary of the subdivision.
The improvements required include:
A. City standard pavement section from curb to centerline equal to 20 feet;
B. concrete curb, or curb and gutter as needed;
C. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff,
D. 5 foot concrete sidewalk;
E. street trees behind the sidewalk spaced per TDC requirements;
F. street striping;
G. streetlights as determined by the City Engineer;
H. underground utilities;
I. street signs(if applicable); and
J. adjustments in vertical and/or horizontal alignment to construct SW Fonner Street in a safe
manner, as approved by the Engineering Department.
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 Sect;.--r. 2 :;'ill 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
Restrictive Covenant(Future Street Improvements) 3 Page 2 of 5
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.
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. Amounts remaining unpaid shall
bear interest at one and one-half percent (1-1/2%) per month from the date such
notice is sent 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 procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9: 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
Restrictive Covenant(Future Street Improvements) Page 3 of 5
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 10: 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 11: 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 12: 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 13: 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:
O S): I-C
Signature Signature
'I;>Ay C57 J�Km
Name (Print or Type) Name (Print or Type)
Title (Print or Type) Title (Print or Type)
5
Restrictive Covenant(Future Street Improvements) Page 4 of 5
• ' v
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 OREGON )
County of wea )
On this da e way Z Notary ,
�� y � �, -�-9--- before me a Nota Public
D!&v, ,rte L ,Aa, Afj personally appeared and acknowledged that the
foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public.for Oregon
SHERMAOFFICIAL SEAL
Y p �&Ajl 11, 20a 3
M commission expires:
CWR
NOT
PUSUC-OREOpN
MY COMMISSION I�RES MAY 13,2003
7�oc90
Accepted on behalf of the City of Tigard this 2� day of Ayq ys�- ,-1-9-
Q
City Engineer
NO CHANGE IN TAX STATEMENT
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Restrictive Covenant(Future Street Improvements) Page 5 of 5