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2000-061535 ' STATE OF OREGON County of Washington } SS I, Jerry R. Hanson, Director of Assess- RECEI ment and Taxation and Ex-Officio County 1 Clerk for said county, do hereby certify that S~~ _ 7 the within instrument of writing was received BY Y. and recorded in book of records of said county. s~o-r. Jerry R. Hanson, .Director of Assessment and Taxation, Ex- Officia County Clerk Doc 2000061535 Rect: 260033 52.00 08/01/2000 03:28:42pm l . Record and Return to: No Change in Tax Statements Doi,. inic G. Colletta l3ami,~ Crew Corrigan & Bachrach 1727 NW Hoyt Street ~Q Portland, OR 97209 l SITE COVERAGE AND SETBACK AGREEMENT THIS AGREEMENT s entered into as of ("Agreement") i 2000 (the "Effective Date"), between ROGER PAUL SORG and N. JEFFREY SORG as SUCCESSOR v TRUSTEES OF THE TESTAMENTARY TRUST set forth in the last will and testament of oZr OTTO SORG, dated June 8, 1982 ("Landowner") and the CITY OF TIGARD, an Oregon H municipal corporation ("City"). 2 Z RECITALS r~ A. Landowner is the owner of property commonly described as a part of Section 2, 'Township 2 South, Range I West, Willamette Meridian, in the City of Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Larger Property"). B. Landowner and City have executed a Purchase and Sale Agreement and Joint Escrow Instructions wherein the Landowner has agreed to sell and the City has agreed to purchase a portion of the Larger Property, which is approximately 4,184 square feet and is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Conveyed Property"). C. The parcel of land subject to this Agreement is the Larger Property less and excepting the Conveyed Property and hereinafter shall be referred to as "the Retained Property". D. Landowner and the City desire to enter an Agreement regarding the use and development of the Retained Property following the sale transaction referred to in Recital B above. The provisions of this Agreement shall survive said sale transaction and shall govern the rights of the parties in perpetuity from and after the date of said sale. E. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: Page 1 - SITE COVERAGE AND SETBACK AGREEMENT G:\Real_Estate\Tigard\Sorg\Docs\LotCoverageAgmtdf3.wpd(04/ 13/00) 2 1. Site Coverage Ordinances. The Retained Property is currently zoned Central Business District ("CBD"), which zoning requires maximum site coverages and minimum landscaping requirements as are more particularly defined in the Tigard Municipal Code, Chapter 18.66, CBD: Central Business District. Landowner and City agree that Landowner shall be permitted to include the area of the Conveyed Property within the area of the Retained Property for the purposes of calculating maximum site coverage and minimum landscaping requirements in the context of an application for permit approvals for the development of the Retained Property. All other standards of the Tigard Municipal Code shall continue to apply to the Retained Property, and the Conveyed Property shall not be considered as part of the Larger Property for any other purpose than the calculation of the site coverage and landscaping requirements. 2. Setback Requirements from Fanno Creek. Landowner acknowledges that the Tigard Municipal Code currently requires a 50-foot setback from the top of the bank of Fanno Creek. (Tigard Municipal Code Chapter 18.797). The setback requirements in the Tigard Municipal Code and any other jurisdictional rules or ordinances shall continue to apply to any development of the Retained Property. 3. Waiver of Remonstrance to Construction of Trail. Landowner hereby covenants not to file a remonstrance against the City of Tigard with regard to the use of the Conveyed Property for a public bicycle and pedestrian pathway. 4. Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 5. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 6. Severability. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 7. Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 8. Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 9. Successors and Assigns. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. Page 2 - SITE COVERAGE AND SETBACK AGREEMENT G:\Real_Estate\Tigard\Sorg\Docs\LotCoverageAgmtdf3.wpd(04/ 13/00) 3 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 11. Captions and Headings. The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 12. Attorney Fees. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 13. Entire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. EXECUTED as of the Effective Date. LANDOWNER: CITY: THE OTTO SORG TESTAMENTARY CITY OF TIGARD, an Oregon municipal TRUST corporation Y: Roger aul rg, Successor T st , Print Name: Z/1 % r- /170.,V 4-4 Title: Ci -frf'I'~~r h ~e4 -A Duly Authorized Representative N. Jeffrey Sorg'/Succeessor rust I ~ 1 r Page 3 - SITE COVERAGE AND SETBACK AGREEMENT G:\Real_Estate\Tigard\Sorg\Docs\LotCoverageAgmtdt3.wpd(04/ 13/00) 4 STATE OF Gr~~ ) ss. County of I(' (ok*1"r o L ) On this ► 5 day of N O "C © before me, a notary public in and for the State o- W G l , personally appeared ~Y P sC , known or identified to me to be the person who executed the instrument. Oc~ICIA SEAL NotaryPublic for C Vez1 C4A MARY CHAPMAN r Residin at 1 2ISSION NOTARY PUBLIC OREGON g COMMISSION NO.0506 Commission Expires: Z T 2-Q® EXPIRES JUN 29, 2000 STATE OF ss. County of On this day of 19.ze,'C' before me, a notary public in and for the State of 1 , , P61 sonally appeared , . known or identified to me to be thet erson who executed the instrument. -Ciw OFFICIAL SEAL JESSICA R EPPERSON otary Public for NOTARY PUBLIC OREGON COMMISSION N0.059727 Residing at -jl~,-rwo MY COMMISSION EXPIRES NOV 25, 2000 Commission Expires: - ~G STATE OF ) ss. ) ) County of l1/9 Sill &K On this 7m(Aay of 19 Z[I'Z), before me, a notary public in and for the State of 7 ' ersonally appeared W/llicIft1 . M6iI 11Aj1, known or identified to me to be the Orson who executed the instrument . /i otary Public for Z IiWn2 11CII&SEAL Residing at NOTARVIVIIIXOMDON Commission Expires: RAI&SAON EXPtREB OCT 10, 2009 Page 4 - SITE COVERAGE AND SETBACK AGREEMENT G:\Real_Estate\Tigard\Sorg\Docs\LotCoverageAgmtdf3.wpd(04/ 13/00) 5 EXHIBIT "A" Description of Larger Property Part of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows: Beginning at a point South 4° 15' East 1 15.65 feat from the Northwesterly corner of Lot 2, Burnham Tract, and on the Westerly line thereof at the most southerly corner of that tract conveyed to Joseph D. -ulop, et ux, by deed recorded in Deed Book 413, page 436; thence North 43 ° 02' West along the southwesterly line of said Fulcp tract a distance of 352.99 feet to the most Westerly corner thereof in the center line of Taylor's Ferry Road; thence running South 5711 54' East 2.50 feet to an angle in said road; thence South 71 ° 53' West 94.40 feet to the most Westerly corner of that tract conveyed to Lois Winne Davis by deed recorded in Deed Book 440, page 2; thence running South 431 47' East 4944.7 feet to the most Southerly corner of said Davis tract on the West line said Lot 2, Burnham Tract; thence running North 41 15' East on the West line of said Lot 2 a distance of 130.45 feet to the point of beginning. EXHIBIT B LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHEAST ONE QUARTER OF THE SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 82014391 OF THE WASHINGTON COUNTY DEED RECORDS; THENCE N 450 25'58" W, ALONG THE SOUTHERLY LINE OF SAID DOCUMENT NUMBER, A DISTANCE OF 54.00 FEET; THENCE N 17'34'24" W, LEAVING SAID SOUTHERLY LINE, A DISTANCE OF 44.28 FEET; THENCE N 230 12'55" E A DISTANCE OF 36.96 FEET, THENCE N 03° 19'55" W A DISTANCE OF 34.98 FEET; THENCE N 45° 22' 13" W A DISTANCE OF 10.82 FEET; THENCE N 440 22' 55" E A DISTANCE OF 2.00 FEET TO THE EAST LINE NORTHERLY LINE OF SAID DOCUMENT NUMBER; THENCE S 450 37'05" E, ALONG SAID NORTHERLY LINE, A DISTANCE OF 40.37 FEET TO THE NORTHEAST CORNER OF SAID DOCUMENT NUMBER; THENCE S 05° 34'52" E, ALONG SAID EAST LINE, AND THE SOUTH LINE OF LOT 2 BURNHAM TRACTS, A DISTANCE OF 130.43 FEET TO THE POINT OF BEGINNING. CONTAINING 4184 SQUARE FEET. I 1\tig 333\usr\deptsleng\joh n rh\sorg. des. doc