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2001-052260 E OF OREGON County of Washington } ss i2 I, Jerry R`HaTasna,Tbiresto�of Assess- ment and axa r© dijd,_ .Q frcio Count Clerk fori # t ^ q ti that the with' qSrrxext3S ► �'eceived I and rec trfiCrl:`,;of " dor:s flf said G� countyifu * * ,ti an ��rrector of �Ases anaxation,Ex- After Recording, Return to: ierk City of Tigard Doc 2001052260 13125 SW Hall Blvd. Rect: 279991 72. 00 Tigard, OR 97223 06/01/2001 11:35:22am COVER PAGE FOR RECORDING WASHINGTON COUNTY 2001-052260 Name of Transaction: I IIIIII VIII VIII VIII VIII VIII VIII III I I III VIII IIII IIII RESTRICTIVE COVENANT WAIVER OF REMONSTRANCE (For Future Street Improvements) Name of Person (Grantor, Grantee, etc.): Grantor - Etzel, David and Nadine Grantee - City of Tigard To be recorded in Deed Records per Tigard Municipal Code (TMC) 18.810. Date: Agustin P. Duenas, City Engineer STATE OF OREGON, County of Washington The forgoing document was acknowledged before me this day of , 2001 by Agustin P. Duenas, City Engineer for the City of Tigard on behalf of the City of Tigard. Notary Public of Oregon My Commission expires After recording return to: Timothy L. McMahan Stoel Rives LLP Suite 2600 900 SW Fifth Avenue Portland, OR 97204 AGREEMENT AND RESTRICTIVE COVENANT TO RESERVE PROPERTY FOR FUTURE PUBLIC ROAD RIGHT-OF-WAY (Etzel Office) t0 THIS AGREEMENT, dated this /J- day of March, 2001, by and between David and Nadine Etzel, (hereafter "Etzel"), and the City of Tigard, an Oregon municipal corporation (hereafter "Tigard"), is intended to establish a binding, restrictive covenant upon the property described below to reserve certain area of the property for a future public street right-of-way, in conformance with a site development permit issued by Tigard on October 25, 1999 ("the Permit"). Etzel and Tigard are collectively referred to herein as "the Parties." I. RECITALS A. Etzel is the assignee of a Permit issued by Tigard to Anna Knecht. On October 25, 1999, Tigard issued a Permit to Anna Knecht authorizing a conversion from a residential use to an office, contingent upon compliance with certain conditions. Etzel is in the process of converting the residential unit into an office, situated upon real property described in EXHIBIT A, attached hereto ("the Property"). The property is within the City of Tigard. B. In reviewing the site development permit application, Tigard considered whether the office proposal would conform with Tigard's adopted design standards for "street connectivitv." Tigard found that in order to fully conform with Tigard's design standards, SW 70`h Avenue would need to be dedicated and improved, with access io the property shifted to SW 70`h Avenue. However, Tigard acknowledged that the cost of dedication and improvement of this new street and changed access was "not proportional to the cost of development." However, Tigard also found that Tigard could not approve the proposal unless it met the City's street connectivity design standards. C. In order to satisfy Tigard's design standards without contributing costs toward the future dedication and improvement of SW 70`h Avenue which exceed the proportionate share attributable to the cost and impacts of the proposal, Etzel, as assignee of Anna Portlnd3-1323732.1 0040855-00001 Page 1 Knecht has agreed to record a restrictive covenant to ensure that Etzel will not construct improvements upon the property in a manner which will preclude Tigard's future acquisition of the property needed to construct SW 701h Avenue. Accordingly, Etzel has agreed to reserve a 30 foot wide strip of property, for future public road right-of-way purposes, contingent upon Tigard's payment of fair market value for the property. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ,Aareer ent. to Reserve-- Future Public Roar! Ri cht-off-Wav Area. Subject to the terms and conditions set forth in this Agreement, Etzel agrees to reserve a 30- foot strip of property for future public road right-of-way purposes. The reserved property (the "reserved area") is measured east from the centerline of the future SW 70`h Avenue right-of- way, as depicted on the site development plan, attached hereto as EXHIBIT B. This agreement to reserve future public road right-of-way area is subject to the following specific terms and conditions: (a) Construction on the Reserved Area. Etzel agrees to avoid constructing any buildings, walls or other improvements of a fixed or permanent nature on the reserved area which would preclude or limit Tigard's future ability to improve the reserved area for public road right-of-way purposes. Except as specifically provided herein, this Agreement shall not restrict any use of the property. (b) Agreement to Sell Reserved Area. Etzel, on behalf of Etzel and all successors and assigns, agrees not to oppose selling the property to Tigard at such time in the future as Tigard proposes purchasing the reserved area for the extension of SW 70`h Avenue, based upon the fair market value of the property, established at the time Tigard chooses to acquire the reserved area. This "no protest" agreement shall not preclude Etzel onn contesting the fail Market value of the property and from pursuing any remedies available under Oregon law to require that Tigard's acquisition of the reserved area will be based upon fair market value, established in accordance with standard appraisal methods at the time of the proposed acquisition. This Agreement does not authorize Tigard to enter the property for any purposes prior to a negotiated settlement or entry of a judicial decree regarding fair market value of the property, or other negotiated settlement or judicial decree authorizing Tigard's entry upon the property prior to final determination of fair market value. (c) Access from SW 701h Avenue. Etzel shall retain an ongoing right to continued access into the property from SW Gonzaga Street or from SW 70`h Avenue, at Etzel's option;provided, however that at such time as Tigard acquires and fully improves SW Portlnd3-1323732.1 0040855-00001 Page 2 3 701h Avenue to Tigard's adopted street design standards, and conditioned upon Tigard's construction of a new access driveway access apron within the right-of-way of SW 70`h Avenue at no cost to Etzel, Etzel will relocate access into the property from SW Gonzaga Street to SW 70`h Avenue. If the City chooses to construct the driveway apron and require that Etzel relocate the access, prior to the design or construction of the apron, the City shall consult with Etzel concerning its location. In the event Tigard requires the driveway relocation, Etzel shall not be required to apply for, or obtain, any permits for such activity. (d) Cost of Improvements. The Parties understand and agree that neither the Permit nor this Agreement require that Etzel contribute toward any improvement to SW 70`h Avenue. Similarly, this Agreement shall not limit or waive the authority of Tigard to assess costs of improvement of SW 70`h Avenue upon the Property through local improvement district assessments or other regular municipal revenue mechanisms undertaken in accordance Oregon law and local ordinances. 2. Consideration for this Agreement. The Parties understand and agree that this Agreement is based upon good and satisfactory consideration, including the permit issued by Tigard and the mutual promises described herein. 3. Authority. (a) Relating: to Etzel. Etzel hereby represents and warrants to Tigard that: (i) this Agreement is, and will be, when executed, binding on Etzel; (ii) Etzel has obtained all consents necessary to authorize Etzel's entry into and performance of this Agreement and/or the transactions contemplated hereby or thereby; and (iii) neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which Etzel is a party. (b) Relating to Tigard. Tigard represents and warrants to Etzel that: (i) this Agreement is, and all documents to be executed and delivered by Tigard pursuant hereto will be, when executed, binding on Tigard; and (ii) neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement, ordinaned, resolution or instrument to which the City of Tigard is a par vy. 4. Restrictive Covenant. This Agreement shall constitute a restrictive covenant upon the Property described in EXHIBIT A, running with the Property. 5. Termination. In the event Etzel decides not to complete the office improvements or Tigard refuses to issue the building or occupancy permits or any other permit or authorization necessary to enable Etzel to use the property for all purposes described in the Permit, this Agreement shall terminate, and the Restrictive Covenant described herein shall be Portlnd3-1323732.1 0040855-00001 Page 3 4— rescinded, whereupon neither party shall have any further rights or obligations under this Agreement except as expressly provided for herein. 6. Miscellaneous. (a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective personal representatives, heirs, successors and assigns of the parties. (b) Governing Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the state or Oregon. (c) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument; provided, however, in no event shall this Agreement be effective unless and until signed by all parties hereto. (d) Effective Date. For all purposes of this Agreement the "effective date" or "date" of this Agreement shall be the date on which the last party to execute this Agreement so executes it and a fully executed copy, or a fully executed counterpart original, is received by the other party in the manner set forth in herein. (e) Exhibits. Each and all of the exhibits attached hereto are hereby incorporate.1, into this Agreement by reference. (f) Attorneys' Fees. If either party to this Agreement commences an action, suit or other proceeding against the other party hereto to enforce any of the terms of this Agreement or because of the breach by a party of, or any dispute concerning, any of the terms hereof, the losing or defaulting party shall pay to the prevailing party (as determined by the court, agency or other authority before which such litigation is heard) reasonable attorneys' fees, expenses and costs of investigation as actually incurred. (g) Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the upl;l�:>aLion of such term„provision or condition to persons or circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and each and every other term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent possible permitted by law. (h) Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties relating to the reservation of future public road right-of-way, and all prior negotiations between the parties are merged in this Agreement and there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between them other than as herein set Portlnd3-1323732.1 0040855-00001 Page 4 5 forth. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement and other agreements referred to herein shall be valid unless in writing and signed by the party against whom it is sought to be enforced. (i) Advice of Counsel. Etzel and Tigard warrant and represent to each party that they have had representation by legal counsel and/or have had the opportunity to be represented by legal counsel during all stages of the negotiations of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. DAVID AND NADINE ETZEL By: Name: David Etzel Date: By: Name: Nadine Etzel Date: CITY OF TIGARD e: S� 44 Nam Its: Cni r5wwwco(t- Date: Portlnd3-1323732.1 0040855-00001 Page 5 STATE OF OREGON ) `� ) ss. County of, �/ `l�' /'/ ) This instrument was acknowledged before me on h)-/ L 30f , 2001 by DAVID ETZEL. [SEAL] -� Notary Public for Oregon OFFICIAL SEAL 01i717,," °A 0UEEE PUBLIC-OREGON f COMMISSION NO.342744 ` MY COMMISSION EXPIRES FEB.5,2005 STATE OF OREGON ) / ) ss. County of 0 h "'1 This instrument was acknowledged before me on 1^1 C 3 r , 2001 by NADINE E`:ZIL. [SEAL] Notary Public for Oregon -.� OFFICIAL SEAL CCE SM1.1, 1A DUNNE NOTARY PUBLIC-OREGON COMMISSION NO.342744 MY COMMISSION EXPIRES FEB.5,2005 Portlndl-2068001.1 0040855-00001 RR STATE OF OREGON County of Washington This instrument was acknowledged on March 9, 2001, by Agustin. P. Duenas, signing in his capacity as City Engineer and on behalf of the City of Tigard, an Oregon municipal corporation. L29-4:e I OFFICIAL SEAL Notary Public fore on DIANE M JELDERKS NOTARY PUBUC-OREGON COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 g EXHIBIT "A" A tract of land in Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows, to-wit: BEGINNING at a point on the South line of Lot 8, BEVELAND 222.03 feet easterly from the Southwest corner of Lot 7, BEVELAND; thence South 0°55' East 140 feet to a point; thence North 89°05' East parallel with the southerly line of said Lot 8, 112.03 feet to a point in the West line of SW 70th Avenue; thence North 0°55' West 140 feet along the West line of SW 70th Avenue to a point, said point being the Southeast corner of the plat of BEVELAND; thence South 89°05' West along the South line of BEVELAND, 112.03 feet to the point of beginning. Port)nd1-2072972.1 0040855-00001 . Exhibit B (not to scale) ® N8900'400E® , -- 11209' . 3rr WOOD- `•\ 16' PVT PVT Pin 4.1 L �G—� • j ff „ xf5TING 6' HIGH EXISTING 6'HIGHfl \ �� GOOD GOOD NEIGHBOR 243 37 213 2 .83\ FENCE n WOOD FENCE -_-'} -- •1,r 1--_-+-_-__ N _ 9' APPLE •i 7' APPLE s „ o �8. I 7 1 6 1 5 I 4 t 3 0 PUT \ r 1 1 I 24 ryp 242.901 I 1 1 I T ! `'t t I I 244 1 PVT I I 42.74 1 I 1 I 1 PVT -B, I B.-B. 1 t g'_g• 8,-B' 8'-B' R.5, :11.SUr•.B-� -�L,: 244.50 pp i I L 7' r 6 6• 1 ' I t PVT V E�COMPACT 1 : 8,PVT PVT ! 243.09 `245.55 244.00 -----'-R-?- �----Tr- ^'�i , 1 ® 3u.26 �?1 ExISD 30 SHED NEW SPE VK)tj AREA I, i 142 SOFT. 1' 4,990 SOFT. Ex CUcRAPE ^ ABANDON .i ARBOR EXISTING FUTURE 2A' � . DRAINFW ACCESS YMEN ..1' 81 LF. 5.10. 770TH IS PVT .n.1PRDVED PVT R=5' RIM . ..? - -IN':' 2s2.33 242.95 GW1TE ASPHALT 241, E 21 1NAGE V O pj PV7 FUTUREru ITCH ASIN ' C 242.90 ��2P 3.00 VNO � � CURB _ fi , � ww�' PVL 'T� -- -- - -"-- --�-^-^^- � � � Z4S10 FUT E OUT 1 , £2 B5� 24L90 �/ INST ! CURB I `\ EX I �u ACK. CURB i . ., ^ 30 BOX J"It5' BUMPER, \ STOP (T1PI&J. 343.35 , t C= 3vvT� � ♦ „ � •5 D� 242 64--- \\ 8. I � T � SEPTIEXISTING \TOW \1 i 2' CLASS-C- I / 6 - SEPTIC +v- I42.61 BIC?CLE \ n ` TANH. �r3W �� _ H�•� PARKING w,` t, ''7- RM OVER `1 ugo r \ °42.5 pp - INSTALL 4' Br A 242 'E• ' CONCRETE GARBAGE \ f i W DRAIN RAIN 'CLEANOUT•• i .• CONC. AND RECYCLING .. _ �l•` Wr4F'C FLOWER BEDS j j +'• F42. ii' /--, \ •,. RAIN 2 3.50 > �--- CONSTRUCT DRAIN. �'. IQAI DRa1�, PROPOSED DENTAL 4°Nop►=ACES 3 V I TO EW RAMPINTrJ A = I L `TOMOFFICE BUILDING ELECTRICAL IL i 1 EXISTING I ME TIP.HOUS 2 \ 1.709 SOFT: GAS ME TEP i(RE VES,�J O IN STALL ' / / vv999v''"'IIIIII BARRIER " �1. m Cn TAX LOT 100 1 POSTS j1IxCn CONNErT MAP NO. 2S-1-1AC GARAGE { (99NVERT TO I RAIN DRAIN f PVT ' %TO NEW I RESTROOM) '/ 11 242.59 � STORM I PVT 4 / 1 :'+278 �//' •" '� .97• A' LFLOWER BE "`Olvr XI@,L1(• '1 S7DEWbILK 242.10 30' SPLASH INSTALL ' BLOCK I' WATER. I 1 SERVICE EC9NCFjETE.• u r INSTALL DEN TAL+t i •: DRIITEWAt. j R' O ,/ , OFFICE SIMV if I I' e .AL TERNATE�� 1 E • E cTa� I p SIGN 1 \ LOCATION 1 I RI AT CONSTRUCT ���,,, III 5' RIGHT- WIDE \ I REy )- f"�1 CONCRETE 1R PWM I • / DF-WAY / DEDtCATiON I SIDEWALK, REMOVE) 'GONtAETE I � INSTALL B• WATER N / CLEANOUT METER -0 41, 251.53 I to r o Customer Receipt CITY OF TIGARD Printed: 05/21/2001 16:48 User: brenda Station: 01 Operator: bla Rcpt No: 0007250 Date: 05/21/2001 Customer No:000000 Amount Due: 67.00 Name: Stoel Rives LLP Cash: 0.00 Address: Etzel ROW Agreement Check: 67.00 900 SW Fifth Ave Ste 2300 N/A 0.00 Portland, OR 972041268 Change: 0.00 Type Description Amount recexp Etzel ROW Agreement 67.00 POOTLAND ATLANTA BOSTON CHICAGO HOUSTON MIAMI SACRAMENTO^SAN FRANCISCO SANTA ROSAV (503)254-3334 (770)840-8232 (781)793-0800 _X847)928-2600 (281)219-0356 (305)592-1544 -4916)929-2200 (650)777-9910 (707)665-3888 I TAG'NO. • • •• •• .- INSTRUCTIONS r 6 Y CASH SRI RECEIVER OTHER (� G> (lfln INVOICE CUSTOMER F!O.#/eeREFERENCE# TOJ "` SHIPPER/N ME 503 1E. RECEIVER NAME PHONE. 2-94-90' -PDELIVERY /7,7 W, . , IS . CHARGES COMP_E, RIVE. ET AL COMPANY , ROUND TRIP ``iiiiiilADDITIONAL STOPS ADDRESS ADDRESS / / �J l WAITING 9101 5 STiiVlr« >7► l + l Jff/ _ TIME TOTAL: CIT%JJND OR 71?04 ZIP CODE CITY/STATE ZIP CODE EXTRA LBS.: fr+`G/y EXTRA BOX DESCRIPTION/SPECIAL INSTRUCTIONS Courier's liability is limited to $150 per shipment unless a greater value is declared OTHER below for each shipment and a charge of$.50 per$100 value,to a maximum of$5,000 value, AFTER is paid. HOURS SERVICES: VEHICLE BIKE , = • DECLARED VALUE DIRECT SUPER RUSH ' ' ' ' WEEKEND - . $ HOLIDAY RUSH RUSH Q PCS. LBS. EXCESS VALUE FLOUTE Q ROUTE SURCHARGE SHIPPER'SDATE TIM SIGNATURE X � /o CASH OUTLAY RECEIVER DATE TIME SIGNATURE PRINT DATE TIME • , NAME X 503/254-3334 nA,SHRECENER A WORLD COURIER GROUND COMPAN r9k'i] STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 97204-1268 Phorle(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Intemet:www.stoel.com May 16, 2001 WILLIAM L. RODGERS Direct Dial (503)294-9681 email wlrodgers(&stoel.com Ms. D. Wise City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Agreement and Restrictive Covenant between David Etzel and the City of Tigard Dear Ms. Wise: As you requested, I have prepared an amended Exhibit B to be attached to the agreement and restrictive covenant which you have in hand. Please replace the map on the original agreement with the attached Exhibit B. I appreciate your assistance in having the document recorded. Very truly yours, William L. Rodgers Paralegal WLR:swk Enclosures Portlndl-2074553.1 0040855-00001 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C. Exhibit "B" II i (not to scale) 4i iiVACATE@ STREET '; 1 TAX ;TAX LOT 28006 ii ? MAP BENCHMARK NAP N0. o»tea SET 12" SPIKE .�2 —1—`IAB A- EL•EV. - 2".29 112.09' N89'OO'40'E— �� ii —E ,•,G a �Iw 1 N i i i / Goo@ it OR\ i �. PVT PVT !; WOOD rEj-•CE II i ER±T►iG a'4ais4 C' PVT \ 24_].83r1 7". GOCQ NE0430A 2 w"FENCE - iI �e� 0 FEAR �' 7L�t 6• Tmtt`i 1 OACA STREET 6 47 24 pyl 24L I ; 7 , PVT .._. ';, TAX LO'T 9600 ) ' 4274: -1 a �.,; L (. e• a a-e- a. a R_5. 14450 _.. MAP NO. 2S-1-1AA 1 VVI it i 1. PVTvYfr } It + ES24191 HED ; PERVIOUS AREA i: ;:; ; 'a7'°"' ; d i ) , ru 1 4,940 SOFT TAX LOT 2700 ii' L•�.I MAP N0. 2S-1-1AD N d� �'��� JNRE DRA84FIEiD ACCESS-WICI s lT IVOTN is ..' Pvr--� + 741PRON� i ASPKIL .. 244. p} FACAIED STREET RIM•4:c rt D11; - )4 PJI 24 21295 AGE sVTURE ) ii T-�lpP� li ' iJ {{ F9 _ -` .J CURB �f? ;I ATCN ASW 142•f0. 1'9 �) 77 - :. + PVl973fq GIRBN"' a. \ . , .P'�M�,� 47.40 ~ r NS7✓- :�� „ 24CLbB WALK OISTRIBUTICR+ '/' ,..:-PST ' 1I � --- 1 :,,•::a�+�• ao>< � �� R sTBU(ERj T1T))��\\� •' ,} ✓✓✓/-{ FYI 747, , \NA. It s PTC@ ASPHALT OVER ;I PARl3.1G Y'PACR (( Tun: .•�, ?, \_ ry I; � �• 1 C.:�i�... 187. MSTALL t'6'4 t' \ 3 .. .;�' CONCRETE WRBAGC li Si ..y 242 RUNwEA 4' -COH" Nro RECY1R46 PAD\ P i CLEAIJO. AIN :t P►110w. y ;i. PVT i i • �, ! 24134 li ..J RG+.ER BEDS •/ kAR4 ,r: II' :143.50 I i / OSTRUCT CRAM ON , ,_ ,.'24• ' coRAR4 PROPOSED DEN ALrcOmm���� 3 I SSIDE IDE Zt iV. EW OFFICE Pmp E;IAtm4G ---------- W (i I• E ELEC4MCAL /.I,1 :-•. !j4D r { i _ t \ EIOSUNG t \ WC1E4 ,'.. 'RPOiFt 0 = i HOJSE (-� /. RL CEI Z • I V GAS METER \ 1.709 SOFT TAX LOT 00 �J Pc`' g GARAGEa.; coNNE.T MAP NO 2S-1-1A 1 (Cg4vERTu• I .�`C. t✓;,• P•n'' ; ^`• C RAMI CRAM .24 -..YA].3➢.:;: it ; w �r c To IAEW I IIE£TROOM) 04p 6'HIGH ; •\ ` STORM I PVT % '� � C1XA NEIGI9OF. +� \\ .9,• W30D FENCE 1 i " 4 FLOWER BEDS ' 4:ONC.'4nWlN '1' SIOEWWJI .'1 / i '`� i 11.51411 •"t.. .• ' ' �. M•-/, 8� t' WATER •odTw. , i - :1 / M GROM E- i ���• ' SER'AMI ELECTRICAL ; I (BY INSTALL 3EVTALI SERNCE ;1 ; CE SQI 1 ' ��FRIAQr/ ALIFANA I E7DTTr4 ,,pl ---' ::;::.._. BENCHMARK i A /RiyC'fA'f ' +g LOC 7j10N C011SIRUCT I ' AYRE�l11RED/� ) FOUND 5/s' ; ' \ 5 m T- r1•-1 ''nDE ,s'PWM I \ .A • ,'// ./ .a IRON REBAR ; OF ,SON i I w W�ux (REMOVE) • �`: / ,/ j.. r ELEv.` 241.7? ; I L J WPTCR ••n{• `• % / C- I 1 'E)'ME .INSTALL;� ar�!4^o5uT5� 'E I /�it 1 lo INSTAL.REDUCED. EXISTNG ATEA • 1. TAU 18.00 L.F. / 9 •� MSALL PRESSURE PRRh�LC RELOCATE 40 NCJI_ �, .al• /LE 041a'CURB P TAPE BAc1(FLOWOCNCE FP ���•ft;• .�• ' i I s I / ; 'Or•.;:• E70STNG / _ / ./. / f I Q =; ; .:INSTALL.STANDAAD -'BAN!{ ° MAk 9� •. I I i r ;I ' E OU - 'CA F "Li' �ALM�.E� $RELOCA�;� ` ; 1 ) DrtGN 7-IT T- TR — 's 1 'GONZAGA: s ' 3 ! , • c�L>E;u o 1 •f 1 I' , - 1 ; STOEL RIVES LLP A T T O R N E Y S STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE,SUITE 2600 PORTLAND,OREGON 97204-1268 Phone(503)224-3380 Fax(503)220-2480 TDD(503)221-1045 Intemet:www.stoel.com May 16, 2001 WILLIAM L. RODGERS Direct Dial (503)294-9681 email wlrodgers@stoel.com VIA MESSENGER Ms. D. Wise City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Agreement and Restrictive Covenant between David Etzel and the City of Tigard Dear Ms. Wise: As a follow-up to our telephone conversation this morning, I am enclosing the above document which has been rejected by the Washington County Recorder. I am also enclosing a check made payable to the City of Tigard in the amount of$67.00 for the recording fees (one page at $22.00 plus eight pages at $5.00 plus one multiple transaction fee of$5.00). As a courtesy, I would like to request your assistance in having the document recorded. Please let me know if you have any questions or need additional information. Very truly yours, William L. Rodgers Paralegal WLR:swk Enclosures L Port Ind 1-2073949.1 0040855-00001 SEATTLE PORTLAND VANCOUVER,WA BOISE SALT LAKE CITY WASHINGTON,D.C.