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2015-052329 & 2014-080890 Washington County,Oregon 2015-052329 D-IRUL Stn=8 A DUYCK 06/30/2015 03:30:33 PM $25.00$11.00$5.00$20.00 $61.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and RE-RECORDING COVER SHEET recorded in the book of records of said county. Richard Hobernicht, Director of Assessment and Taxation, Ex-Officio After recording return to: Way Lee General Contractors,Inc. 5210 SE 26th St. Portland, OR 97202 All tax statements should be sent to: No change 1. Document Title—by ORS 205.234(a): Agreement Regarding Use and Removal of Drainage Swale 2. Grantor/Direct Party—by ORS 205.125(1)(b) and ORS 205.160: Way W. Lee General Contractor, Inc. 3. Grantee/Indirect Party—by ORS 205(1)(a) and ORS 205.160: City of Tigard This document is being re-recorded at the request of First American Title Company to attach an Exhibit"A" . Previously recorded December 18, 2014 as Fee No. 2014-080890. Attachment(s) evidencing correction: See Exhibit"A" • •- Washington County,Oregon 2014-080890 12/18/2014 01:26:32 PM D-IRUL Cnt=1 Stn=21 RECORDS' $15.00$5.00 811.00$20.00-Total=851.00 1 1111 111 1 1 111 1111111 1111311 After Recording Return to: 01998821201400808900030036 I,Richard Hobernlcht,Director of Assessment and u ai:oa7- Way Lee General Contractors, Inc. Taxation and Ex-Officio County Clerk for WashingtonF�. 26th County,Oregon,do hereby certify that the within Ji, ` , 521 0 SE 26 St. instrument of writing was received a d re orded In the I w�;�:•; Portland, OR 97202 book of records of said Cou e Richard Hobernicht,Director essment and ',tam:' Taxation,Ex-Officio County Clerk AGREEMENT REGARDING USE AND REMOVAL OF DRAINAGE SWALE This Agreement is made this (5 day of December, 2014,. by and between Way W. Lee General Contractor, Inc., an Oregon corporation(hereinafter"WLGC") and the City of Tigard, Oregon (hereinafter"the City"). The purpose of this Agreement is to establish duties with respect to the drainage swale constructed by WLGC on it's real property located at 11 123 SW 6gt'' Parkway, Tigard, Oregon 97223, which is located as shown on the plat map attached hereto as Exhibit A. WHEREAS, WLGC owns a 4.47 acre parcel of real property in Washington County Oregon, City of Tigard, identified as Way Lee, Lot 1, MAP 1 S 136DA - 02400; Account No. R1196930, as more particularly described in the attached Exhibit B (hereinafter, "the WLGC property"); and WHEREAS a temporary drainage swale constructed by WLGC is situated on the northeastern portion of the WLGC property as depicted on the attached Exhibit A (hereinafter, "the swale"); and WHEREAS the swale was constructed within a right of way that is reserved for a future backage road. The parties recognize that said backage road may, or may not ever, be built; and WHEREAS, WLGC has submitted an application for non-accessory parking (SDR2013- 00005). The City has conditionally approved the application subject to certain conditions, including that the aforementioned temporary drainage swale must be removed and relocated at no cost to the City if and when a public facility (such as a road) is constructed in the area reserved for the backage road; and WHEREAS,the City and WLGCs wish by this Agreement to establish their rights and duties with respect to the use, construction and removal of the swale; NOW THEREFORE it is agreed as follows: 1. WLGC covenants and reaffirms to the City that the aforementioned temporary drainage swale on the subject real property will be removed and relocated by WLGC at no cost to the City if, and when, a public facility (such as a road) is constructed in the area reserved for the backage road. 2. Further Assurances. WLGC shall diligently and in good faith, undertake all actions and procedures reasonably required by this Agreement, and to sign and deliver all documents and things reasonably necessary or convenient to that end. 3. Attorneys Fees. In the event any suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the party such sum as the court may adjudge to be reasonable as attorney's fees and the cost of maintaining such action. 4. Successors and Assigns. The covenants herein contained shall run with the land and are binding upon all subsequent owners thereof. THIS SO AGREED this 57A day of December, 2014. Way W. Lee General Contractors, Inc. B Kenneth Lee, President STATE OF OREGON ss. COUNTY OF MULTNOMAH I certify that I know or have satisfactory evidence that Kenneth Lee 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 acknowledge it as the president of Way Lee General Contractor, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: December 5 , 2014. Notary name printed or typed: R y yt Se _ Notary Public in and for the State of Oregon !\-\�-\., - '^•..-��.�i.-`.'°��\. Residing at Avilivivw&IA (AJm ,fv►,, OFFICIAL SEAL ( p , RYAN JORDAN MOSEE ) My appointment expires: 1Z2c 2 20 NOTARY PUBLIC-OREGON O / COMMISSION NO.473860 1 MY COMMISSION EXPIRES,DECEMBER 02,2016 1 , EXHIBIT B PARCEL I: A PORTION OF LOT 1,WAY LEE,A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY,OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 00°26'47" EAST,658.08 TO A POINT ON THE SOUTH LINE OF THAT PARCEL CONVEYED TO WAY W. LEE,GENERAL CONTRACTOR, INC.,AN OREGON CORPORATION, BY DEED RECORDED FEBRUARY 26, 1975 IN BOOK 1012, PAGE 172,WASHINGTON COUNTY RECORDS;THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00°42'09"WEST,659.31 FEET TO THE SOUTHWEST CORNER OF SAID LOT;THENCE SOUTH 89°58' 55" EAST, 330.16 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE WEST LINE OF SOUTHWEST 68TH PARKWAY. PARCEL II: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 1 WEST,WILLAME17E MERIDIAN, IN THE cm'OF TIGARD,WASHINGTON COUNTY,OREGON, DESCRIBED AS FOLLOWS: COMMENCING AT AN OLD 3/4-INCH PIPE CALLED THE POINT OF BEGINNING OF COUNTY AS FEE NO.80-14079, PARCEL III;THENCE ALONG THE NORTH LINE OF SAID PARCEL III ON A BEARING(BASIS OF WHICH IS THE OREGON STATE PLANE COORDINATE SYSTEMS)OF NORTH 880 12' 15"WEST A DISTANCE OF 150.67 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED;THENCE ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 04°56'53",AN ARC DISTANCE OF 34.54 FEET(THE CHORD BEARS NORTH 260 39'01" 34.53 FEET)TO A POINT IN THE EAST LINE OF LOT ONE OF THE PLAT OF"WAY LEE";THENCE ALONG THE AFOREMENTIONED LOT LINE SOUTH 01°39'56"WEST A DISTANCE OF 30.36 FEET TO A PIPE, IN THE NORTH LINE OF PARCEL III AS DESCRIBED IN COUNTY AS FEE NO.80-14679;THENCE ALONG SAID NORTH LINE SOUTH 08° 12' 15" EAST A DISTANCE OF 16,38 FEET TO THE POINT OF BEGINNING. (5, -' c`) I 10.5E BEMEi'i N n 465'MIL 1 i .1,1=: a) a) 1 965 MIL to 659.31 EASEMENT a .2 5 m _S 4 M z D Qco /� D 0 / a)6, j O n N N aU� `N MO\‘6'4 a p© R K�/��QY \,. / I 1 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\'.\'{ \ '!\`!\IC\ \'(` \ \' \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\ . w 2 IC,' r, I \\ \\\\\\\\\\\\\\\\\\\\\\\ = ~ ' / 1° m I ‹,- - . -(,--,' 9 7- \ " o�� T R A —� C I ` - N 0 o D a r i Q L ' 9£y 1 , j• ,; . _ a te- • y w Washington County,Oregon 2014-080890 • v 12/18/2014 01;26;32 PM D-IRUL Cnt=1 Stn=21 RECORDSI $15.00$5.00$11.00$20.00•Total =$51.00 After Recording Return to: 01998821201400808900030036 I,Richard Hobernlcht,Director of A ment and ,k Way Lee General Contractors, Inc. Taxation and Ex-Officio County Clerk for Washington th rr County,Oregon,do hereby certify that the within f,,:N - e ii 5210 SE 26 St. Instrument of writing was received a d re orded in the ; Portland, OR 97202 book of records of said coupy. , kt;PI • Richard Hobernlcht,Director of A ment and •44.4. Taxation,Ex-Officio County Clerk AGREEMENT REGARDING USE AND REMOVAL OF DRAINAGE SWALE This Agreement is made this S day of December, 2014,by and between Way W. Lee General Contractor, Inc., an Oregon corporation(hereinafter"WLGC")and the City of Tigard, Oregon(hereinafter"the City"). The purpose of this Agreement is to establish duties with respect to the drainage swale constructed by WLGC on it's real property located at 11123 SW 68th Parkway, Tigard, Oregon 97223,which is located as shown on the plat map attached hereto as Exhibit A. WHEREAS, WLGC owns a 4.47 acre parcel of real property in Washington County Oregon, City of Tigard, identified as Way Lee, Lot 1, MAP 1 S 136DA- 02400; Account No. R1196930, as more particularly described in the attached Exhibit B (hereinafter, "the WLGC property"); and WHEREAS a temporary drainage swale constructed by WLGC is situated on the northeastern portion of the WLGC property as depicted on the attached Exhibit A (hereinafter, "the swale"); and WHEREAS the swale was constructed within a right of way that is reserved for a future backage road. The parties recognize that said backage road may, or may not ever, be built; and WHEREAS, WLGC has submitted an application for non-accessory parking(SDR2013- 00005). The City has conditionally approved the application subject to certain conditions, including that the aforementioned temporary drainage swale must be removed and relocated at no cost to the City if and when a public facility(such as a road) is constructed in the area reserved for the backage road; and WHEREAS,the City and WLGCs wish by this Agreement to establish their rights and duties with respect to the use, construction and removal of the swale; NOW THEREFORE it is agreed as follows: • 1. WLGC covenants and reaffirms to the City that the aforementioned temporary drainage swale on the subject real property will be removed and relocated by WLGC at no cost to the City if, and when, a public facility(such as a road) is constructed in the area reserved for the backage road. 2. Further Assurances. WLGC shall diligently and in good faith, undertake all actions and procedures reasonably required by this Agreement, and to sign and deliver all documents and things reasonably necessary or convenient to that end. 3. Attorneys Fees. In the event any suit or action is instituted to interpret or enforce the terms of this Agreement,the prevailing party shall be entitled to recover from the party such sum as the court may adjudge to be reasonable as attorney's fees and the cost of maintaining such action. 4. Successors and Assigns. The covenants herein contained shall run with the land and are binding upon all subsequent owners thereof. THIS SO AGREED this 5A day of December, 2014. Way W. Lee General Contractors, Inc. B : Kenneth Lee, President STATE OF OREGON ss. COUNTY OF MULTNOMAH I certify that I know or have satisfactory evidence that Kenneth Lee 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 acknowledge it as the president of Way Lee General Contractor, Inc.,to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: December 5 , 2014. Notary name printed or typed: A yl csc - Notary Public in and for the Stae t bf Oregon L•• OFFICIAL SEAL Residing at /VtV1 CORM 6 R M SOS ON JORDAN EG 0 My appointment expires: ]ZQ�_ it ZO (Co !1 MY COMMISSION EXPIRES.DECEMBER 02,2016 9 1 . • EXHIBIT B PARCEL I: A PORTION OF LOT 1,WAY LEE,A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY,OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1;THENCE NORTH 00°26'47" EAST,658.08 TO A POINT ON THE SOUTH LINE OF THAT PARCEL CONVEYED TO WAY W. LEE,GENERAL CONTRACTOR, INC.,AN OREGON CORPORATION, BY DEED RECORDED FEBRUARY 26, 1975 IN BOOK 1012, PAGE 172,WASHINGTON COUNTY RECORDS;THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00°42'09"WEST,659.31 FEET TO THE SOUTHWEST CORNER OF SAID LOT;THENCE SOUTH 89°58' 55" EAST,330.16 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE WEST LINE OF SOUTHWEST 68TH PARKWAY. PARCEL II: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 1 WEST,WILLAME17E MERIDIAN, IN THE cm'OF TIGARD,WASHINGTON COUNTY,OREGON, DESCRIBED AS FOLLOWS: COMMENCING AT AN OLD 3/4-INCH PIPE CALLED THE POINT OF BEGINNING OF COUNTY AS FEE NO.80-14079, PARCEL III;THENCE ALONG THE NORTH LINE OF SAID PARCEL III ON A BEARING(BASIS OF WHICH IS THE OREGON STATE PLANE COORDINATE SYSTEMS)OF NORTH 880 12' 15"WEST A DISTANCE OF 150.67 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED;THENCE ALONG THE ARC OF A 400.00 FOOT RADIUS CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 04°56'53",AN ARC DISTANCE OF 34.54 FEET(THE CHORD BEARS NORTH 260 39'01" 34.53 FEET)TO A POINT IN THE EAST LINE OF LOT ONE OF THE PLAT OF"WAY LEE";THENCE ALONG THE AFOREMENTIONED LOT LINE SOUTH 01°39'56"WEST A DISTANCE OF 30.36 FEET TO A PIPE, IN THE NORTH LINE OF PARCEL III AS DESCRIBED IN COUNTY AS FEE NO.80-14679;THENCE ALONG SAID NORTH LINE SOUTH 08° 12' 15" EAST A DISTANCE OF 16,38 FEET TO THE POINT OF BEGINNING.