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2004-053173 hington County,Oregon 2004.053173 112004 03:59:46 PM I,•,tts Cnta1 Stn=3 T EAKIN $25.00$6.00$11.00.Total=$42.00 After ret rn to: City of Tigard In Re o ` Trds giyis+on \ 13125 SW Hall Blvd. 00582298200400531730050052 \ Tigard, OR---97223 I,Jerry Hanson,Director of Assessment and Taxation h and Ex-Offlclo County Clerk forWashington County, .. Oregon,do hereby certify that the within Instrument of writing was received and recorded Inithe book of :� records of Bald county. Jerry R.Hanson,Director asessment and Taxatl on, Ex-Offlclo County Clerk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this ✓�� day of� 20Q�, by the City of Tigard, a Municipal Corporation of C� Washington Coun , Oregon, ("CITY"), and tCK 19.1Slact'i o4 Gnace F SUarfa,gJ'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 MLP2003-00003 dated 6/14/03, 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, covenants 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: Parcels 1 & 2 of Partition Plat No. * , recorded as Document No. ** , Washington County, * 2004-028 Oregon. ** 2004053172 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: SW 108th Avenue Restrictive Covenant(Future Street Improvements) Page 1 of 4 Revision date: 1/1/01 2004-5317 Half-street improvements, including paving, curb, sidewalk, planter strip, street trees and utilities. 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. 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 acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. 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 Restrictive Covenant(Future Street Improvements) Page 2 of 4 Revision date: 1/1/01 1111111►�VIII 1111111 2004-53173 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 Y2%) 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 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 Restrictive Covenant(Future Street Improvements) Page 3 of 4 Revision date: 1/1/01 Illlllli IIIIIIIIIIIII III I III 2004-53173 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: The parties agree that if any term of 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. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. OWNER(S): ignature Signature r�ca� At 5wAR7vi o6 c1 Gra Ce Sud aC-�V')o0�Il Name (Print or Type) Name (Print or Type) —�4- �/R- Title (Print or Type) Title (Print or Type) 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 mit K;QATok ) On this 130 day e4 20o� , before me a Notary Public, 5 ak4 E, pe Wally appeared and acknowledged that the foregoing instrument to be their voluntary act and dee . Bef a me: OFFICIAL SEAL Notary Public for Oregon DEBBIE R.ADAMSKI NOTARY PUBLIC-OREGON aILO /_ COMMISSION NO.355953 My commission expires: W MY COMMISSION EXPIRES MAR.21,2006 Accepted on behalf of the City of Tigard this day of aV , 20 OIL Q P City Engineer Restrictive Covenant(Future Street Improvements) Page 4 of 4 Revision date: 1/1/01 it 1 1 1 11 1 1 11 l Illi l Ilil��'�III 2004-53173 NO CHANGE IN TAX STATEMENT i:\eng\bdanr\templates\street improvement agmt-restrictive covenam.dot 1 Restrictive Covenant(Future Street Improvements) Page 5 of 4 Revision date: 1/1/01 I I I I U N A REPLAT ' OF A PORTION OE LOT 35 , IN THE N . E . 1 /4 OF SECTION 15 , T2S , R1 W , W . M . , CITY ( -APRIL 30 , 20C ACKNOWLEDGEMENT DECLARATIOi STATE OF OREGON KNOW ALL PERSONS B` 3 SS OWNERS OF THE LAND COUNTY OF WASHINGTON ) ACCOMPANYING SURVE`r AND PLATTED INTO THE THIS INSTR M T �AS ACKNOWLEDGED BEFORE THE RIGHT—OF—WAY A� ME ON (DATE) BY JACK A. SWARTWOOD AND GRACE E. SWARTWOOD, AS PACK �SWAWOOD S OF THE PROPERTY. g+ • C; RACE E. SWARTWOOD NOTARY SIGNATURE NOTARY PUBLIC — OREGON I• s M COMMISSION NO. 5,5,6L MY COMMISSION EXPIRES .3Law lAooe, BI M AR c.K 2..1, Z006 A N C• STATE OF OREGON SS COUNTY OF WASHINGTON APPROVALS r I DO HEREBY CERTIFY THAT THIS PARTITION PLATT � APPROVED THIS _� DAY OF _ �______, 2004. WAS RECEIVED FOR RECORD ON THIS 1 CITY ENGINEER E DAY OF �____, 2004 AT �,3,�. _ CITY OF TIGARD F O'CLOCK _ M AND RECORDED IN THE COUNTY ECfR CLERK RDS. ( ,�...�,. B Y: L BY: F DEPUTY COUNTY CLERK F APPROVED THIS L 44_ DAY OF _je'a _____, 2004. T STATE OF OREGON SS WASHINGTO COUNTY SURVEYOR COUNTY OF WASHINGTON ) BY: DO HEREBY CERTIFY THAT THIS TRACING IS A E COPY CERTIFIED TO ME, BY THE SURVEYOR OF L THIS PARTITION PLAT, TO BE A TRUE ,'AND EXACT ALL TAXES, FEES, ASSESSMENTS OR OTHER CHARGES AS I' COPY OF THE ORIGINAL, ,�4ND THAT IT WAS PROVIDED BY O.R S. 92.095 HAVE * BEEN PAID AS OF RECORDED ON THE -- j _ DAY OF __aA- _L"'� .. ' l. ____T^—_ TAXATION __ 2004. 2004 AT _3 .�_ O'CLOCK �M, IN THE. DIRECTOR OF ASSESSMENTS AND T�'� COUNTY CLERK RECORDS. WASHINGTON COUNTY, OREGON I BY: BY: '--; � DEPUTY COUNTY CLERK DEPUTY ! , (i. 1No SURVEYOR RONALD A. BUSH, PLS (41486LS) 16151 SE BLUFF ROAD SANDY, OREGON 97055 oft 0 PHONE (503) 668-8265 FAX (503) 668-0528 I, E—MAIL ronbushOverizon.net I HEREBY CERTIFY THAT THIS IS AN EXPIRES DECEMBER 31, 2005 EXACT :COPY OF THE ORIGINAL PLAT. i 10 11 I ROAD _ _ - - -—- - 15 14 _- 66.44' PARTITION PLAT 2" BRASS CAP IN MONUMENT BOX --� N0. _2 00 O �. �' N.E. CORNER OF SECTION 15 U.S.B.T. BOOK 6 PAGE 360-361 N (SN 22,713) RECORDED AS DOCUMENT w 3: No. w1 © `�',, LOT ,36 WILLOW—BROOK—FARM > V) s �I o N p I Lo V) t\ Iu � �i W Cq� viI ¢ ' C141/2" IP ` GRID COORDINATE PER SN 17,225 i • N 641150.5278 AS N.E. CORNER OF SWARTWOOD PARCEL 7614584.1107 GRID COORDINATE REMAINDER OF I q N 641010.9089 LOT 35 WILLOW—BROOK—FARM 7614580.6815 i D' SEE DETAIL LOWER LEFT 1/2" IP 5/8" IR W/RED PLASTIC CAP PER SN 17,225 MARKED WL Mc LS 808 N 0.56' OF SUBDIVISION LINE HELD AS N.E. CORNER OF BERKLEY ESTATES HELD AS SOUTHWEST CORNER OF 687.07' (687.04') LOT 35 WILLOW—BROOK—FARM 24 23 20 19 18 L �ui BERKLEY ESTATES 5,/8" IR W/YELLOW PLASTIC CAP T /8" IR W/RED PLASTIC �AP -/8" IR ,�,fL ED PLASTIC CAP MARKED BURTON ENG.CORNER OF MARKED WL Mc LS 808 MARKED W W 0.11 ' FROM N. U S.W. TITAN N.E. CORNER LOT 24 N.E. CORNER OF LOT 18 BERKLEY ESTATES 1 LANE BERKLEY ESTATES BERKLEY ESTATES ` S 0.11 OF SUBDIVISION INE S 0.07' OF SUBDIVISION LINE 30'I 30' 0 50 100 200 300 i SCALE: 1"=100' I 4 `I BERKLEY ESTATES 5/g" IR W/ALUMINUM CAP MARKED ALPHA ENG INC. Of ' S.E. CORNER REBECCA PARK o ) 0.09' W OF CENTERLINE S.Wz1 108TH AVENUE Z COORDINATE GRID Of N 640633.0200 c� E 7614551.3449 i ANGLE=1'-37'-10' DOVER LANDING NO. 2 `" 5/8" IR IN MONUMENT BOX GEODETIC CONTROL ' WITH RED PLASTIC CAP MARKED WL Mc LS 808 ALL COORDINATES SHOWN ARE OREGON HELD AS CENTERLINE OF S.W 108TH AVENUE COORDINATE SYSTEM NORTH ZONE BASED AND CENTERLINE OF S.W. DgVER CT. ON NAD 83 (91) AND ARE SHOWN IN ' INTERNATIONAL FEET. ALL DISTANCES SHOWN ARE GROUND MEASUREMENTS. TO CONVERT TO GRID, MULTIPLY BY 0.9.9989745119. THE GRID BEARING FOR THE CENTERLINE OF S.W. 108TH AVENUE IS S1' 24' 25"W. 5/8" IR IN MONUMENT BOX WITH RED PLASTIC CAP MAR LED WL Mc LS 808 T OF CENTERINE SHEET 1 OF 2 0.08 FEET WEST � 1968.09 S.W. DUR (1968.10) (SN 23182) 589 52 lo 207 w 1281 -65' 2" BRASS CAP IN MONUMENT BOX CITY OF TIGARD, AT INTERSECTION OF S.W DURHAM ROAD AND S.W. 113TH AVE HELD FOR SECTION LINE PER SN 23,182 A REPLAT OF A PORTION OF LOT 35, WILLOW- BROOK-- FARM IN THE N . E. 1 /4 OF SECTION 151 TOWNSHIP 2 SOUTH , RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON APRIL 30 , 2004 LEGEND 0 DENOTES MONUMENT FOUND 2( 5/8" IR W/ALUMINUM CAP, AS NOTED MARKED ALPHA ENG INC. 0 DENOTES 5/8" x 30" IR SET N.E. CORNER REBECCA PARK WITH YELLOW PLASTIC CAP HELD AS CENTERLINE OF S.W 108TH AVENUE RON BUSH 41486 LS HELD AS NORTHWEST CORNER OF BERKLEY ESTATES RECORD DISTANCE OR BEARING HELD AS SOUTHWEST CORNER OF LOT 35 WILLOW—BROOK—FARM AS NOTED GRID COORDINATE N 641011.4444 sN SURVEY NUMBER E 7614560.6886 S.W. CHAT LANE' 5/8" IR IN MONUMENT BOX SET BERKLEY ESTATES 0.04 FEET EAST OF CENTERLINE OF S.W. 108TH ' AVENUE S.W. CHATEAU LN. ON CENTERLINE OF S.W. TITAN LN./ GRID COORDINATE N 640866.4376 E 7614557.1021 9' RIGHT=-OF—WAY REMAINDER OF 20'1 30' / DEDICATION LOT 35 WILLOW—BROOK--FARM. 369-91 ' S89*52'07"W ui 20t' 9' 88.00' 57.00' 34.00 195.91 ' 'i C1,4 C,4 0' PUBLIC UTILITY EASEMENT ZD A T Ln L3 Ln Ln -C:) c'4 N -.1- :4- U-� c'%j Z WILLOW— C�4 r-, 0 2 BROOK— UJ r co co 41 ,419 SQ FT FARM Ln cf) -Ln V) 27 V) V)6 241 V) SQ. FT. 04oro 57.00' - - - -- - - - - - - - - - - - - - V) — — 7 z - - - - - - - - PRIVATE ACCESS AND UTILITY 589*52'07"W tet;FOR THE BENEFIT 0 20' 20' 9' OF PARCELS 1 AND 2 Ess1W UTILITY 369.92' N8 9-'54'54"E (S89052'07"W) LPR,.OIr SURVE REBECCA 30, 24 23\ 20 19 30, PARK 30, ;;rRjo�j �.Y BERKLEY ESTATES OREGON Jusy 13 19" INITIA No tft0;NA=LFALV1N 0 POINT RONALD A. BUSH 4 a I RECORDED AS DOCUMENT WILLOW - BROOK - FAM N0.A00V0 7ct2 F TIGARD , WASHINGTON COUNTY, OREGON 4 J THESE PRESENT THAT JACK A. SWARTWOOD AND GRACE E. SWARTWOOD ARE THE HOWN ON THE ANNEXED MAP, AND MORE PARTICULARLY DESCRIBED IN THE )R'S CERTIFICATE, AND HAVE CAUSED THIE SAID LAND TO BE SURVEYED, PARTITIONED PARCELS AS SHOWN ON THE SAID MAP LAND DO HEREBY DEDICATE TO THE PUBLIC SHOWN AND HEREBY GRANT ALL EASEM NTS AS SHOWN OR NOTED ON SAID MAP. J RVEYO R ' S CERTIFICATE ZONALD ALVIN BUSH, DO HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER \IUMENTATION THE LAND HEREON, THE BOUNQARY OF WHICH IS DESCRIBER AS FOLLOWS: I INNING AT THE INITIAL POINT, BEING A FOUND 5/8" I.R. WITH ALUMINUM CAP MARKED "ALPHA ENG. INC." THE SOUTHWEST CORNER OF LOT 35 WILLOW—BROOK--FARM, THEN N89' 54' 54"E, 369.92', THEN ' 13' 05"W, 139.94', THEN S89' 52' 07"W, 369,91 , THEN SO' 12' 45"E, 139.64' TO THE INITIAL POINT. STAINING 51,710 SQ. FT. MORE OR LESS I ARRATIVE i PURPOSE OF THIS SURVEY IS TO PARTITIO THAT PROPERTY DESCRIBED IN DEED DOCUMENT NO. 78-907 SIS OF BEARING: _D THE NORTHEAST CORNER OF SECTION 15 AND A BRASS CAP AT THE CENTERLINE OF S.W. 113TH S.W. DURHAM ROAD, HELD NORTH/SOUTH. (SURVEY NUMBER 23,182 DEFINED AS BEING ON THE NORTH E OF SECTION 15, WITH BEARING N89'-52" 07"E. JND IRON ROD AT CENTERLINE OF S.W. 108T1­1 AVENUE AT THE NORTHEAST CORNER OF REBECCA PARK. NT ALSO BEING THE SOUTHWEST CORNER OF LOT 35, WILLOW-BROOK—FARM. JND IRON ROD AT THE INTERSECTION OF THE CENTERLINE OF S.W. 108TH AVENUE AND S.W. DOVER COURT. IRON RODS WERE HELD AS THE CENTERLINE OF S.W. 108TH AVENUE. s EASTERLY BOUNDARY OF THE PARCEL TO BE PARTITIONED WAS ESTABLISHED BY THE TWO FOUND RNERS SET PER SURVEY NUMBER 17,225 (NORTHEAST AND SOUTHEAST CORNERS), THE NORTHERLY JNDARY WAS ESTABLISHED BY HOLDING iTHE FOUND NORTHEAST CORNER AND THE BEARING OF THE NORTH E OF SECTION 15 PER SN 22,713. THE SOUTHERLY BOUNDARY WAS ESTABLISHED BY HOLDING THE FOUND RTHEAST AND NORTHWEST CORNERS OF I BERKLEY ESTATES. THE WESTERLY BOUNDARY OF THE PARCEL S ESTABLISHED BY HOLDING THE CENTE LINE OF S.W. 108TH AS DESCRIBED ABOVE. 'ERENCE SURVEYS: ?VEY 17,225, SURVEY 22,713, SURVEY 23,182, SURVEY 24,109 _OW—BROOK—FARM, BERKLEY ESTATES, REB CCA PARK OTES ; THIS PARTITION PLAT IS SUBJECT TO THE CONDITIONS OF APPROVAL PER CITY, OF TIGARD FILE MLP 2003-00003 II SHEET 2 OF 2