2007-100905 43 ington County.Oregon 200',_100905
/2007 03:84:18 PM
{" I Cruel Stnc:6 J GREGORY
i ooU.00$5.00$11.00-Total a$96.00
After recording, return to:
0116678 2007010( 0501101
I,Richard Hobemicht,Director of Assessment and
City of Tigard—Records Division Taxation and Ex-OMeio County Clerk for Washington
g County,Oregon,do herebyrtify that the within
13125 SW Hall Boulevard Instrument of writing was receceived and recorded In the
book of records of said cou '
Tigard, Oregon 97223 Richard Hobemicht,Director of�essment and '
Taxation,Ex-Ofliclo County Clark
NO CHANGE IN TAX STATEMENT
M 0 ,z0(/- 00,90
RESTRICTIVE COVENANT
(FUTURE STREET Il"ROVEMENTS)
THIS AGREEMENT is entered into this fifteenth day of August, 2007, by the City of
Tigard, a Municipal Corporation of Washington County, Oregon("CITY"), and Johnstone
Family Trust, LLC, Wells Apartments, LLC, Dawn New Hunziker, LLC, Michael Lehne,
Hunziker, LLC, Suzanne Lehne, Hunziker, LLC, James S. Russell, Karen M. Russell, and Youde
Family Trust, Tigard, LLC ("OWNERS").
RECITALS
WHEREAS OWNERS own that certain real property covered by this Agreement as shown in
Section 1 below, and
WHEREAS OWNERS have received approval of a development on such property from the
CITY, as set forth in Land Use Case No. MLP2004-00008 dated Effective Date of Land Use
Approval 2/23/2006, 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 OWNERS'
compliance with the TMC, and
WHEREAS OWNERS wish to mitigate the impacts of the proposed development, and
WHEREAS the parties wish to fulfill the requirements of Chapter 18.810.
IN CONSIDERATION of the mutual promises, covenants, and undertakings, set forth below, the
parties agree as follows:
Section 1: The property subject to this Agreement is described as follows:
Parcels I and 2 of Partition Plat
Plat No.2007- 0 (,74]
,
Recorded as Document No.2007-1 O d
City of Tigard, Washington County, Oregon.
Section 2: OWNERS hereby agree that the owners of the real property identified as Parcel 1
and Parcel 2 of the partition plat(collectively, the"Parcels,"and each, a
PDX/l 06563/151546/JFD/1501566.3
"Parcel"), and their respective successors in ownership of those parcels, shall
participate in future improvements (the"Wall Street Improvements")to that
certain private driveway known as "Wall Street"that is located to the east of the
property if Wall Street becomes a public street. Such participation shall be
required only when one of the following events occurs:
(1) when the Wall Street Improvements are part of a larger project to be financed or
paid for by the formation of a local improvement district;
(2) when the Wall Street 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 Wall Street 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 Wall Street Improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements by others
adjacent to Wall Street.
Section 3: This Agreement shall be in full force and effect from the date of its execution
until the Wall Street Improvements, if any, are constructed.
Section 4: If CITY decides to form a local improvement district as a mechanism for payment
of the costs of the Wall Street Improvements, then OWNERS shall waive any
right they may have to object to or remonstrate against the formation by CITY of
the local improvement district.
Section 5: CITY acknowledges that OWNERS' execution and performance of the terms of
this Agreement constitute compliance with the requirements of TMC
Chapter 18.810.
Section 6: CITY and OWNERS intend that all terms of this Agreement shall be covenants,
conditions, and restrictions running with the title to the Parcels and shall be
binding upon parties to this Agreement and upon OWNERS' successors in
ownership of the Parcels, and shall be construed to be a benefit and a burden upon
the Parcels. The parties agree the CITY may, for purposes of recovering the costs
of the Wall Street Improvements for which the owner of a Parcel is legally
obligated to pay, levy an assessment against such Parcel, 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 7: 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 Parcels of the conditions, covenants, and restrictions against the
title to the Parcels imposed by this Agreement.
- 2-
PDX/106563/151546/JFD/1501566.3
Section 8: CITY may enforce the terms of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNERS' 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 9: If suit or action is instituted with respect to 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 10: The parties agree that if any term or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC
T
Iq 7-
By: Johnsto F ly Trust By:
By: Arthur o stone, Trustee
DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER, LLC
By: Dawn New, Member By: Michael Lehne,Member
SUZANNE LEHNE, HUNZIKER, LLC
By: Suzanne Lehne, Member James S. Russell
YOUDE FAMILY TRUST, TIGARD, LLC
Karen M. Russell By: Youde Family Trust
By:
Accepted on behalf of the City of Tigard this *k day of 5e1�.e.r , 2001
City Engineer
- 3 -
PDX/106563/151546/JFD/1501566.3
STATE OF OREGON )
ss
County of Oa5hft On)
I certify that I know or have satisfactory evidence that At-+hV'- -W)^S6rW-is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
' r of Johnstone Family Trust, LLC, an Oregon limited liability company, to be
1� u p for the uses and purposes mentioned in the instrument.
ZWTARffjV
:W-
0M098 At�v� (Z)Uj-j��
I
1 Notary flublic for Or gon
the -Pr e e. and ✓o/v rn t a rV a c t My Commission Expires: agkMbtX It,ZC)i 0
Of sv'�h p4r-th
STATE OF OREGON )
ss
County of )
v
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
of Wells Apartments, LLC, an Oregon limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public for Oregon
My Commission Expires:
STATE OF )
ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of Dawn New Hunziker, LLC, a
,to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Notary Public for
My Commission Expires:
-4 -
PDX/106563/151546/JFD/1501566.3
Section 8: CITY may enforce the terms of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNERS' 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 9: If suit or action is instituted with respect to 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 10: The parties agree that if any term or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC
By: Johnstone Family Trust By:,VeveeeILe Lil,/ice S -F .rTefAP.,
By: Arthur Johnstone, Trustee k. Ovoe.ZTA.j /n
DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER, LLC
By: Dawn New, Member By: Michael Lehne, Member
SUZANNE LEHNE, HUNZIKER,LLC
By: Suzanne Lehne, Member James S. Russell
YOUDE FAMILY TRUST, TIGARD, LLC
Karen M. Russell By: Youde Family Trust
By:
Accepted on behalf of the City of Tigard this day of , 20
City Engineer
- 8 -
PbX/106563/1 S 1546/TFDA SM66J
STATE OF OREGON )
ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
of Johnstone Family Trust,LLC, an Oregon limited liability company, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON ) V �
ss
County of
L
I certify that I know or have satisfactory evidence that � '� � is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
t4mbb—of Wells Apartments, LLC, an Oregon limited liability company,to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
OFFMM WEAL
AMMAQUWnM A oin�o NAQWAA�
K-= :—
STATE
"'OREGON No Public for Oregon
0N N0.41000d
My Commission Expires: S P�P�ei' )Z?X' j s-�201c)
ra OF )
ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of Dawn New Hunziker, LLC, a
'to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Notary Public for
My Commission Expires:
- 9-
PDJU106563/l 5 i 546/.IPD/15015663
i •
Section 8: CITY may enforce the terms of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNERS' 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 9: If suit or action is instituted with respect to 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 10: The parties agree that if any term or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST,LLC WELLS APARTMENTS,LLC
f
By: Johnstone Family Trust By:
By: Arthur Johnstone,Trustee
DAWN NEW HUNZIKER,LLC MICHAEL LEHNE, ZI it, C
By: Dawn New,Member By: Michael Lehne,Member
SUZANNE LEHNE,HUNZIKER, LLC
By: S e Lehne,Member James S.Russell
YOUDE FAMILY TRUST,TIGARD, LLC
Karen M. Russell By: Youde Family Trust
By:
Accepted on behalf of the City of Tigard this day of ,20_.
i
City Engineer
-3 -
PDX1106563/1515461JFD/1501566.3
• 0
NAa=
STATE OF OREGON ) OOk1AlOSSa01� !LY 31,20th
) ss
County of
I certify that I know or have satisfactory evidence that Mcrrae( Lit h C is the
person who appeared before me,and said person acknowledged that he signed this instrument,
on Path.,:-.t4tW tat he was authorized to execute the instrument and acknowledged it as the
of Michael Lehne Hunziker,LLC,an Oregon limited liability company,to be
the free and voluntary act of such party for the d p es men 'one in the instrument.
Pub or regon
14 Am
STATE OF OREGON )
ss NAPW .� �
County of MY WMM=N pig AKY 31,2006
I certify that I know or have satisfactory evidence that u.2ae,4.,e.- is the
person who appeared before me,and said person acknowledged that she signed this instrument,
on oath 94ted t t she was authorized to execute the instrument and acknowledged it as the
e of Suzanne Lehne, Hunziker,LLC,an Oregon limited liability company,to
be the free and voluntary act of such party for the and p entioned in the instrument.
blic regon
My Commission Expires:
STATE OF )
ss
County of )
I certify that I know or have satisfactory evidence that James S.Russell is the person who
appeared before me,and said person acknowledged that he signed this instrument, and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this
i.nstr=.ent.
Notary Public for
My Commission Expires:
i
i
-5-
I PDX/106563/151546/JFD/1501566.3
Section 8: CITY may enforce the terms of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNERS' 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 9: If suit or action is instituted with respect to 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 10: The parties agree that if any term or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC
F
By: Johnstone Family Trust By:
By: Arthur Johnstone, Trustee
DAWN NEW HUNZIKER, LLC MICHAEL LEHNE, HUNZIKER,LLC
c2wam— 11 W
By: Dawn New, Member By: Michael Lehne, Member
SUZANNE LEHNE, HUNZIKER, LLC
By: Suzanne Lehne, Member James S. Russell
YOUDE FAMILY TRUST,TIGARD, LLC
Karen M. Russell By: Youde Family Trust
By:
Accepted on behalf of the City of Tigard this day of 20_.
City Engineer
- 3 -
PDX/106563/151546/JFD/1501566.3
STATE OF OREGON )
ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
of Johnstone Family Trust,.LLC,an Oregon limited liability company,to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
ss
County of )
r
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he signedthis instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
of Wells Apartments,LLC, an Oregon limited liability company,to be the
five and voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public for Oregon
My Commission Expires:
STATE OF S
ss
County of� }
I certify that I know or have satisfactory evidence that wn is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the kir of Dawn New Hunziker, LLC, a
WL4kk-v, JjoK 1,th t 4 A,6ili4u ��w�aa � ,to be the free and voluntary ac#of such party
for the dses and purposes ment gRe444 the nstrwn t.
r•PQ,`l �`• �� e'o�1' Wa Left)
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®.may , My Commission Expires:
"-UBL1G
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-4-
PDX/106563/151546/JFD/15 015 66.3
•
Section 8: CITY may enforce the terns of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies,OWNERS' 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 9: If suit or action is instituted with respect to 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 10: The parties agree that if any tern or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST,LLC WELLS APARTMENTS,LLC
By: Johnstdne Family Trust By:
By: Arthur Johnstone,Trustee
DAWN NEW HUNZIKER,LLC MICHAEL LEHNE,HUNZIKER,LLC
By: Dawn New,Member By: Michael Lehne, Member
SUZANNE LEHNE,HUNZHMR,LLC
By: Suzanne Lehne,Member James S.Russell
YOUDE FAMILY TRUST,TIGARD, LLC
M. Russell By: Youde Family Trust
By:
Accepted on behalf of the City of Tigard this day of 20_.
i
City Engineer
I
-3-
PDX/106563/15154&JM 15015663
i
STATE OF OREGON )
} ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that he signed this instrument,
on oath stated that he was authorized to execute the instrument and acknowledged it as the
of Michael Lehne Hunziker,LLC,an Oregon limited liability company,to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that she signed this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as the
of Suzanne Lehne,Hunziker,LLC,an Oregon limited liability company,to
be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument
• Notary Public for Oregon
My Commission Expires:
STATE O
ss
County o
I certify that I know or have satisfactory evidence that James S.Russell is the person who ✓
appeared before me,and said person acknowledged that he signed this instrument,and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this
instrument
Notary Public for
��1ll1ER€€1' ��U• My Commission Expires:
tAOTA�f•
NO,�+�• �BLIG
'.S
-5-
I PDX1106563/151546UM/15015663
1 u Y
STATE OF WA J Iq dl-Mk—
County of
14, ss
I certify that I know or have satisfactory evidence that Karen A Russell is the person t/
who appeared before me,and said on acknowledged that she signed this instrument,and
acknowledged it to be herr act for the uses and purposes mentioned in this
instrument. Qp ''�asto4 L��O + -' r r e a n v(o l e v)t o r�
e VAOTAa:Z
Notary Public for Wash ntcb�
u8L1G
9• �9UgRY18.�p0�: My Commission Expires: ()
STATE OF sASH�
County of )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that he/she signed this
instrument,on oath stated that he/she was authorized to execute the instrument and
acknowled&it as the of Youde Family Trust,Tigard,LLC,a Washington
limited liability company,to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Notary Public for
My Commission Expires:
i
-6-
rnw106563/151546/7FD/I 50I W3
i
•
Section 8: CITY may enforce the terns of this Agreement in any court of competent
jurisdiction. In addition to any other legal remedies, OWNERS' 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 9: If suit or action is instituted with respect to this agreement,the prevailing party
shall be entitled to, in addition to the statutory costs and disbursements,a
reasonable attorney's fee to be fined by the trial and appellate courts respectively.
Section 10: The parties agree that if any term or 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.
OWNER(S):
JOHNSTONE FAMILY TRUST, LLC WELLS APARTMENTS, LLC
F
By: Johnstone Family Trust By:
By: Arthur Johnstone,Trustee
DAWN NEW HUNZHUiR,LLC MICHAEL LEHNE,HUNZIKER,LLC
By: Dawn New,Member By: Michael Lehne,Member
SUZANNE LEHNE, HUNZIKER, LLC
By: Suzanne Lehne,Member James S.Russell
Y UDE FAMILY UST,TIGARD, LLC
Karen M.Russell By Youde Famil Trust
B ja mt s yowul AAU&
Accepted on behalf of the City of Tigard this day of 920 .
City Engineer
-3 -
anxrinoun 11 tWrFrV1 S01 K66 3
- r
STATE OF IAV
) ss
County of
I certify that I know or have satisfactory evidence that Karen M. Russell is the person
who appeared before me, and said person acknowledged that she signed this instrument,and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this
instrument.
Notary Public for
My Commission Expires:
STATE OF
ss
County of ej"k
I certify that I know or have satisfactory evidence thatwl P_C T\'L .A.3 is the
LAK
person who appeared before me and said person acknowledged tha1*1'3'she signed this
instrument,on bath stated thaigshe was authorized to execute the instrument and
acknowledged it as the /lea. —% of Youde Family Trust,Tigard, LLC,a Washington
limited liability company,to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Notary Public for
My Commission Expires:
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