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2009-000958 •, Washington County,Oregon 01/07/2009 02:14742 PM 2 0 09-000958 O 0-IRUL Cnt=t Stn=2g RECORDSi $15.00$- -$11.00.Total z$31.00 After Recoxdin Send A Co '1'0. Owner: Tualatin Valley Fire and Rescue11111111 111111111 1�1111 1111111111111 Address: 20665 SW Blanton St. 01317786200900009580030031 Aloha, OR 97007 I,Rlehard Hobsmlcht,Director of Assessment and Taxation and Ex-Offlclo County Clerk forwashlnpWn File No.: CUP2007-00003 County,Oregon,do hereby certify that the wlthln Instrument of wrlting was received and recorded In the book of records of said coLl Richard Hobemlcht,Director ofAasessment and Taxation,Ex-Offlclo County CIer% TREE RESTRICTIVE COVENANT DEED RESTRICTION Declarant is the owner of property described as See attached Exhibit A Declarant has preserved or retained trees over and across portions of said property in accordance with the Conditions of Approval of said property. Any such preserved or retained tree may be removed only if the tree dies or is hazardous according to a certified arborist. This deed restriction may be removed or will be considered invalid if all trees preserved in accordance with this section should either die or be removed as hazardous. THIS AGREEMENT shall be deemed a Covenant running with the land and is binding upon the owners of property described as See attached Exhibit A Washington County, Oregon and their successors and assigns. IN WITNESS THEREOF, the Declarant has executed this agreement on that date and year set forth below. D RANT: Ga Wells r . Division Chief Tualatin Valle Fire and Rescue n� STATE OF OREGON, COUNTY OF WASHINGTON This instrument was acknowledged before me by NO 70 UBLIC -(�UA� Date qty Commission Expires SHERRI D CAMARILLO NOTARY PUBLIC-CREGON COMMISSION NO.433982 MY CO#IIMiSSIM EpIRES NOVEMBER 27,2012 A 1 APN; R480688 Statutory Warranty Deed File No.;7034-845978{nQ -continued bate;06/26/2006 EXHIBIT A LEGAL DESCRIPTION. Beginning at the Southeast corner of the East half of the North half of the Southeast quarter of the Northeast quarter of Section 4, Township 2 South, Range 1 West of the Willamette Meridian, and running thence West 466.7 feet to a point, running thence North 466.7 feet to a point; thence East 466.7 feet to a point, running thence South 466.7 feet to the place of beginning; EXCEPTING THEREFROM the folowing property: A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, In the City of Tigard, Washington County, State of Oregon, more particularly described as follows: Beginning at the quarter corner on the East line of said Section 4, thence South by 891, 18' West, on the South line of the Northeast quarter of said Section 4, 299.2 feet to an iron pipe; thence North 11 42' West, parallel with the East line of said Section 4, 655.4 feet to a point In the center of County Road No. 934 from which point an iron bears South 1°42' East 20.0 feet, thence North 891 22' East 235.0 feet to the true point of beginning of the herein described premises; thence North 10 42' West to a point on the South line of County Road No. 934; thence Northeasterly along said South line to a point on the East line of said Section 4; thence South 10 42' East along said East line to a point that bears North 890 22' East 64.2 feet from the true point of beginning; thence South 890 22' West 64.2 feet to the true point of beginning. ALSO EXCEPTING THEREFROM the following property: A tract of land in Section 4, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, State of Oregon, more particularly described as follows: Beginning at the quarter corner on the East line of said Section 4, thence South by 890 18' West, on the South line of the Northeast quarter of said Section 4, 299.2 feet to an Iron pipe; thence North 10 42' West, parallel with the East line of said Section 4, 655.4 feet to a point In the center of County Road No. 934 from which point an iron bears South 10 42' East 20.0 feet, thence North 891 22' East 235.0 feet to the true point of beginning of the herein described premises; thence North 11 42'West to a point on the South line of County Road No. 934; thence Southwesterly along said South line to a point on the North line of that certain tract described in deed to Sever 0. Severson, et ux, recorded January 03, 1941 in Book 195, Page 153, Washington County Deed Records; thence North 891 22' l=ast to the true point of beginning. ALSO EXCEPTING THEREFROM the following property: rf The property situated in the City of Tigard, Washington County, State of Oregon described as follows: Beginning at a point which is South 11 42' 20" West 220.35 feet, and North 870 26'00" West 157.30 feet from the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 4,Township 2 South, Range 1 West, Willamette Meridian in {he City of Tigard, Washington County, State of Oregon; thence South 44° 32' 13" West 453.05 feet; thence North 11 26' 40" East 336.90 feet; thence South 871 26' 00" East 309.57 feet to the point of beginning. Page 3 of 4 1 APN:8480688 Statutory Warranty Deed Fife No.:7034-845978(nt) -conflnued Date:06/26/2006 ALSO EXCEPTING THEREFROM the following property conveyed to Washington County recorded February 07, 2005 as Fee No. 2005-013084. )0R*TAX L Richard W, Hobernicht, Director of Assessment c0� andTaxation and Ex-Officio County Clerk for �kV, NVashington County, do hereby certify this to be a 0 true and correct copy of the original. Date: ill 20Q6 Ey C ' a cT�N c Page 4 of 4 DESCRIPTION CURRENT � STATUS UPDATED STATUS* DATE BY DATE BY A. Submit site plan drawings s1 ing the accurate location of the trees that wer, aserved,the location of tree protection fencing. B. Submit a statement and signature of approval from a certified arborist regarding building and infrastructure siting techniques to be employed in construction with respect to any protected trees on site. 9 PFI REQUIRED M 3/4/2008 KSM 3/4/2008 KSM 9. Prior to issuance of a site permit,a Public Facility Improvement(PFI)permit is required for this project to cover street improvements and any other work in the public right-of-way. Six(6)sets of detailed public improvement plans shall be submitted for review to the Engineering Department.NOTE:these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.Public Facility Improvement(PFI)permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page(www.tigard-or.gov). 10 DESIGNATE LEGAL PERMITEE ON PFI M 3/28/2008 KSM 3/28/2008 MSB 10. The PFT permit plan submittal shall include the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the"Permittee",and who will provide the financial assurance for the public improvements.For example, specify if the entity is a corporation,limited partnership,LLC,etc.Also specify the state within which the entity is incorporated and provide the name of the corporate contact person.Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11 ACCESS/PKG PLAN-PFI PHASE M 3/28/2008 KSM 3/28/2008 MSB 11. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. 12 PAY ADDRESSING FEE M 3/31/2008 KSM 3/31/2008 BRS 12. Prior to issuance of the Site Permit,the applicant shall pay the addressing fee.(STAFF CONTACT:Bethany Stewart, Engineering). 13 EMERGENCY SIGNAL PLANS M 3/28/2008 KSM 3/28/2008 MSB 13. Prior to issuance of the PFI Permit the applicant shall submit plans for the emergency vehicle traffic signal for review and approval. 14 MOVE DRVWY 10 FT TO THE WEST M 3/28/2008 KSM 3/28/2008 MSB 14. The applicant shall revise the plans to move the westerly driveway 10 feet to the west to align with the driveway across Walnut Street. 15 OBTAIN 400 FT OF SIGHT DISTANCE M 3/28/2008 KSM 3/28/2008 MSB 15. The applicant shall work with the adjacent property owner to remove a portion of the existing fence to obtain a minimum 400 feet of sight distance from the westerly driveway. 16 TVF&R APPROVAL/HYDRANTS M 3/28/2008 KSM 3/28/2008 MSB 16. The applicant shall obtain approval from the TVF&R Deputy Fire Marshall II for the proposed number and placement of hydrants prior to issuance of the City's Public Facility Improvement permit. 17 WTR QUAL AND DETENTION FACILITY M 3/28/2008 KSM 3/28/2008 MSB 17. Final design plans and calculations for the proposed private water quality and detention facility shall be submitted to the Engineering Department(Kim McMillan)as a part of the Public Facility Improvement(PFI)permit plans. Included with the plans shall be a proposed landscape plan and maintenance plan. 18 EROSION CONTROL PLAN M 3/28/2008 KSM 3/28/2008 MSB 18. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings.The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,February 2003 edition." 19 1200-C GENERAL PERMIT M 3/10/2008 LAF 3/11/2008 LAF 19. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 20 SHIELD LIGHT POLE M 1/5/2009 CAC 1/5/2009 CAC 20. Prior to final building inspection,the applicant shall install a shield on the light pole adjacent to tax lots 4700 and 4800 or direct light away from neighboring residential uses. 21 TREE DEED RESTRICTION M 1/7/2009 AMS 1/7/2009 CAC 21. Prior to final building inspection,the applicant shall record a deed restriction to the effect that any existing tree greater than 6 inches diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Ping-CaseConditions.rpt Page 2 of 3