2012-038180 Hiteon Creek I Mitigation Project •
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Washington County, Oregon 201 2- 038180
05/11/2012 09:43:06 AM
D IPPS Cnt =2 Stn =10 A DUYCK
$30.00 $5.00 $5.00 $11.00 $15.00 - Total = $66.00
AFTER RECORDING RETURN TO: 111111 1 11111 1111111 111111111
City of Tigard 01705016201200381800060061
I, Richard Hobernlcht, Director of Assessment and 4:c
Attn: City Manager Taxation and Ex- OffIclo County Clerk for Washington
City Hall County, Oregon, do hereby certify that the within I,
Instrument of writing was received a d re orded In the �+.w
book of records of said cou
13125 SW Hall Blvd
Richard Hobern Director of Assessment and
Tigard OR 97223 Taxation, Ex- OffIclo County Clerk
•
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE
This space is reserved for recorder's use.
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR THE HITEON CREEK I
MITIGATION PROJECT
THIS DECLARATION made this Ci— day of , 2O) ,
by the City of Tigard, ( "Declarant "). I
RECITALS
1. WHEREAS, Declarant is the owner of the real property described in
Exhibits "A" and "B" attached hereto and by this reference incorporated herein as the
"Property ", and desires to preserve and enhance thereon wetlands to be maintained in
accordance with the Permit Number 37247 -FP approved by the Oregon Department of
State Lands ( "Department ");
2. WHEREAS, Declarant desires to provide for the preservation and
enhancement of the wetland values of the Property and for the maintenance and
management of the Property and improvements thereon, and to this end desires to subject
the Property to the covenants, restrictions, easements and other encumbrances hereinafter
set forth, each and all of which is and are for the benefit of the Property.
NOW, THEREFORE, the Declarant declares that the Property shall be held,
transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements
and other encumbrances hereinafter set forth in this Declaration. These restrictions cannot
be released unless authorized by the Department.
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ARTICLE 1
DEFINITIONS
1.1 "Declaration" shall mean the covenants, restrictions, and all other
provisions set forth in the Declaration of Covenants and Restrictions.
1.2 "Declarant" shall mean and refer to the City of Tigard, its successors or
assigns.
1.3 "Removal fill permit" shall mean the final document approved by the
Department that formally establishes the wetland mitigation and /or preservation area and
stipulates the terms and conditions of its construction, operation and long -term
management.
1.4 "Property" shall mean and refer to all real property subject to this
Declaration, as more particularly set forth in Exhibits "A" and "B ".
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property that is and shall be held, transferred, sold, conveyed and occupied
subject to this Declaration is located in Washington County, Oregon, and is more
particularly described in Exhibits "A" and "B ".
ARTICLE 3
GENERAL PLAN OF DEVELOPMENT
Declarant currently manages the Property for the purpose of wetland mitigation or
preservation. Current management is in accordance with Permit Number 37247 -FP.
ARTICLE 4
COVENANTS, USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES
The Property shall be used and managed for wetland mitigation or preservation
purposes in accordance with Permit Number 37247 -FP. Declarant and all users of the
Property are subject to any and all easements, covenants and restrictions of record affecting
the Property.
Covenants:
1. Except as provided otherwise in this Declaration, there shall be no removal,
destruction, cutting, trimming, mowing, alteration or spraying with biocides of any native
vegetation in the Property, nor any disturbance or change in the natural habitat of the
Property.
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RESTRICTIONS 50014 -36804 463175_1 docx1XX/5/9/2012
2. There shall be no agricultural, commercial, or industrial activity undertaken or
allowed in the Property; nor shall any right of passage across or upon the Property be
allowed or granted if that right of passage is used in conjunction with agricultural,
commercial, or industrial activity.
3. No livestock animals shall be allowed on the Property.
4. Except as provided otherwise in this Declaration, there shall be no filling,
excavating, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock minerals
or other materials; no dumping of ashes, trash, garbage, or of any other material; and no
changing of the topography of the land of the Property in any manner.
5. Except as provided otherwise in this Declaration, there shall be no construction
or placing of buildings, mobile homes, advertising signs, billboards, or other advertising
material, or other structures on the Property.
ARTICLE 5
RIGHTS RESERVED TO DECLARANT
Notwithstanding any of the foregoing provisions to the contrary, Declarant reserves to
itself, its heirs, successors, and assigns the following rights:
1. Declarant reserves the right to construct, inspect, maintain, and repair utility
lines and facilities under, in, on or near the Property and in connection with those
activities: (a) to trim, remove, or otherwise disturb vegetation; and (b) to dig, excavate, and
fill the Property. After construction, inspection, maintenance, or repair of utility lines and
facilities, Declarant shall restore the ground to generally the same contours and conditions
as existed before the work.
2. Declarant reserves the right to construct, inspect, maintain, improve and
repair all existing or new recreation facilities on or near the Property and in connection
with those activities: (a) to trim, mow, remove, or otherwise disturb vegetation; and (b) to
dig, excavate, and fill with the Property. After construction, inspection, maintenance,
improvement, or repair of recreational facilities, Declarant shall restore the ground to
generally the same contours and conditions as existed before the work.
3. Notwithstanding any other provision of this Declaration, Declarant reserves
the right, in the course of maintaining the Property, to remove, plant, trim, prune, treat, or
otherwise alter vegetation on the Property, in a manner consistent with preserving a
healthy and diverse natural habitat area.
4. Declarant reserves the right to go onto the Property and to allow public
recreational use of the Property, so long as such use does not unreasonably interfere with
the covenants set forth in this Declaration.
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RESTRICTIONS 50014- 36804463175 1 docxIKX /5/9/201
ARTICLE 6
RESOLUTION OF DOCUMENT CONFLICTS
In the event of any conflict between this Declaration and Permit Number 37247 -FP,
the permit shall control.
IN WITNESS WHEREOF, the undersigned representing Declarant herein, has
executed this instrument this ? day of - /1/1 20 12
City of Tigard
Washington County, Oregon
GjvI G�'X
By. - -
Name: Mar4 . L. VI i Y1 e-
Its: c(fi MalaJe -r
STATE OF OREGON )
I ) ss:
County of 1/JOSk ns kn - )
—� This instrument was acknowledged before me on / , 20 l
b ICt r 4 hA 1-- W'i r►eas G 41 rnarlC (' of City of Tiga d, Washington
County, Oregon. �
a btly 21 14;r,1 (A)
ARY PUBLIC FOR ORE �N
My Commission Expires: ' 01
`.»., OFFICIAL SEAL
•.�- � CATHERINE D WHEATLEY
, NOTARY PUBLIC - OREGON
�„';® COMMISSION NO. 459116
MY COMMISSION EXPIRES AUGUST 04, 2015
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RESTRICTIONS 50014 - 36804 463175_1 docxLk'A'/5/9/2012
EXHIBIT "A"
CONSERVATION EASEMENT
HITEON CREEK NO. 1
A tract of land located in the northwest quarter of Section 34, Township 1 South, Range 1 West of the Willamette
Meridian, City of Tigard, Washington County, Oregon; more particularly described as follows:
Beginning at a point at the west corner of plat lot 91, plat of Englewood No. 2, said point being North 63 37' 53"
West, 67.00 feet along the North right -of -way line of Springwood Drive to the TRUE POINT OF BEGINNING;
thence North 37 07' 35" West, 190.40 feet;
thence North 44 40' 37" West, 156.04 feet;
thence North 59 42" West, 119.20 feet;
thence North 63 13' 37" West, 329.03 feet;
thence North 26 46' 23" East, 35.00 feet;
thence South 63 13' 37" East, 109.37 feet;
thence North 26 46' 23" East, 40.00 feet;
thence South 63 13' 37" East, 210.79 feet;
thence South 26 46' 23" West, 40.00 feet;
thence South 63 13' 37" East, 10.00 feet;
thence South 59 31' 42" East, 124.90 feet;
thence South 44 37" East, 162.91 feet;
thence South 37 07' 35" East, 199.36 feet;
thence South 63 37' 53" West, 35.63 feet to the TRUE POLNT OF BEGINNING.
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RESTRICTIONS 50014 - 36804463175 1 docxLk%'5 /9/2012
Exhibit B
r
I
EXHIBIT "B"
STREAM MrnGATION - 01
100 LF
SCROt't5 FERRY ��
/// TAX LOT 200, WETLAND MITIGATION
,7. PARCEL "C 6,435 SF
g N 26°4623• E/ ' 1S 1W 34BD
S. ._;w,F \X< 6. CONSERVATION
c N. \ \ \\ ``:. •••• 49 . EASEMENT
�\� �' \ \ BOUNDARY
: 1 \ ` . '4.4.41V-44:,.... I j \ S 26 W, 40.00'
\ / /�- - \``'V, : S63'/3'3rE,10.00'
// .�7 �. :4
/1/ - Zr : • *;: STREAM MITIGATION - 02
ASPHALT . ` yy,,�� • %,••
- ti/ PATH \� � �� ^ ^ \ � '`': 7 � rf' 385 LF
/ \ `. Y.......,..1;:".... �`\_ \
\\ 4S -a3\ LS
\,', 746 i.t> D \ DNW STREAM
\ I MMGATION - 03
\ `��l -1,„ •'z,%,_ 115 LF
HAZELWOOD \\`\ 3� \ %,
` 1•
LOOP ENG E OOD O. 2 "� \�\ V.
sh `\ 2\ F
nax .an ac \ \. \ '.•\ \
AX LOT 300 E ' - $
1S 1W 34BD i
PLAT LOT 91 Nei
S 673753' W 35.63' kz.
NORTH �� \\ •
WE \
a 0 1 200 `\
0
4 SCALE 1' = 100'
DESIGNED BY. 9 1 � T
DRAWN BY. HARRIS STREAM SERVICES Conservation Easement
2270 Astor Drive, West Linn, OR.97068 Hiteon Creek No. 1
CHECKED BY. (507) 806-0901
APPROVED BY: - Manisstreafffservioes st.net
DATE: t DWG FILE NO.: ar
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RESTRICTIONS 50014 -36804 463175 1.docxl.XX /5 /9/207