2015-092464 Hiteon Creek II Mitigation Project Washington County,Oregon 2015-092464
11/0312015 03:28:43 PM
Stn=18
Stn 18 K GRUNEWALD
AFTER RECORDING RETURN TO: s35.00$11.00$5.00$20.00 571.00
I,Richard Hobemicht,Director of Assessment and Taxation and Ex-
Officio of Tigard omcio County Clerk for Washington County,Oregon,do hereby
City g certify that the within instrument of writing was received and
Attu: City Manager recorded In the book of records of said county.
City Hall Richard Hobemicht,Director of
Assessment and Taxation,Ex-Officio
13125 SW Hall Blvd
Tigard OR 97223
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 2
MITIGATION PROJECT
THIS DECLARATION made this (2.6114 day of i/ern&..r , 206,
by the City of Tigard, ("Declarant").
RECITALS
1. WHEREAS, Declarant is the owner of the real property described in
Exhibits "A," `B," and "C"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.
Page 1 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014.36804Hiteon Creek Mitigation Project No. 21DS1o/21/201s
AFTER RECORDING RETURN TO:
City of Tigard
Attn: City Manager
City Hall
13125 SW Hall Blvd
Tigard OR 97223
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 2
MITIGATION PROJECT
THIS DECLARATION made this o2 day of itnt 4.t-r , 2015,
by the City of Tigard, ("Declarant").
RECITALS
1. WHEREAS, Declarant is the owner of the real property described in
Exhibits "A,""B,"and"C"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.
Page 1 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36.104 Hiteoe Creek Mitigation Project No. 2insaoamo,s
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," "B,"and "C."
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,"`B,"and "C."
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.
Page 2 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36804Hueon Creek Mitigation Project No. 21ns/10/11/2015
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.
Page 3 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36804 Nikon Creek Mitigation Project No. 2wsn0/2U201s
EXHIBIT "A"
CONSERVATION EASEMENT
HITEON CREEK NO. 2
A tract of land located in the northeast 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 northeast corner of plat lot 172, plat of Englewood No. 3, said
point being North 22° 34' 00" West, 35.47 feet to the TRUE POINT OF BEGINNING;
thence North 18° 34' 01" East, 140.00 feet;
thence South 71° 25' 59" East, 60.00 feet
thence South 18° 34' 01" West, 45.00 feet
thence South 71° 25' 59" East, 130.00 feet
thence South 18° 34' 01" West, 50.00 feet
thence North 71° 25' 59" West, 130.00 feet
thence South 18° 34' 01" West, 45.00 feet
thence North 71° 25' 59", West, 60.00 feet to the TRUE POINT OF
BEGINNING.
Page 5 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36804 HUeon Creek Mitigation Project No. 21DS/1o/21/2o15
Exhibit B
r
EXHIBIT "B"
N�. ~• — WETLAND MITIGATION
' .• '. 10'rILAI� t .
ti ., 3.085 SF
'•r �`��` STREAM)MITIGATION
,...,„,$...1......••......4.„... �• 200 LF(110 LF rcqulreo}
7 w.,l • -.. .�;�. -'r our
% . . �l / - .
--:.•:\ . ....enci4. ..‘1.78'......44:/• 0,41/1".... 'fr..-441111.._ ;'`.41PAPia- • .7--.441\---1.:..
\�: RUE ROM ro'er.. ' i • . 3 • v: : ..
-AX LOT 260,. ;�.`•-•,......'.`.....�.-; t•' �.•- • l w 100, :...'...49).l
PARC.EL'Cr;S 1 W 34AC `.*`•Ili r �.
"„.......r„Er....... tI gII't•, • , • n'IMK! CONSERYA ION-: • _ •TAX LOT + I I 1 Li EASEMENT -`"�`,
BOUNDARY `•.. .
1S1W3CAC I I 1 sv,
PLAT LOT 17'2 :. ( r I ' _...:,. •
I. • '
. r •,
•
•
•` FNc3LEYl1000 N0.3
�1�' ---_ __ — ---- —
.o .�ar�..i'is .i.:riiinggpSSOns ._ _ -
;:4":10,11/1k
0,11 .,3V1H I
SW WILLOW !
WOOD ' _'_ `
COURT - 'a t
1 $•F-' -`^ I
nrwA rr.co' HARRIS STREAM SERVICES Conservation Easement 'm
MAIM rff ^7'C AQbr G.c!�v lt.OR f:t67
f.NE�KEC Rr :,o,..:.ti Hlteon Crook No.2
�MMY+J'�IA ♦ hm SUTO:rlGNYIIQ-t mm..�L-d
OATI: IfrAr;M.R ND' w
Page 6 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36804 Hiteon Creek Mitigation Project No. 200o/2I/2o1s
EXHIBIT "C" -. .
/ I
\ '
I /
1 '
\\ \\N ..''.. G•10434( 99' ....." /
-----"...__---- '
/ 1 ' ;---
tom•• \' \ WETLAND t I
t {\,` \ \ / 3.000 SF t
♦t --1 \ / STREAM MITIGATION t
\ .•�� �� N. ` ��
200 Lf(110 LF nquintl) t
•• \\\ / �`► � ` SAA
• TAX LOT 2001. \\\ ti►
QhY
• PARCEL v i J .I �.
• ,S,w 9Ue
--- TAX LOT 2010 I 1 00 •
t3 U,was►G I I - -
. PT LOT 172
` II
\ \ ENGLEWOO
D NO.s
----
---- _- - ---- _——————
•
•
t\ r•rr rrrsr t _i ∎ r.---------------- ------
•
t•
r/ fi / I
SW WILLOW `; 1 1
WOOD t / I i
1` COURT i '' II `.\ •
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t •
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Lr' /' `
' ' �'` Lt NORTH --
/' ' 1 L
/ '`Y L T I
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,' . ( I W E
' `---------- j I
`' 0 100 200
SCALE:1'= 100'
DESIGNED BY: HARRIS STREAM SERVICES Conservation Easement sI¢ET
DRAWN BY: 2270 Arbor Drive,Wlesl Linn,OR.97088
CHECKED BY: (503)888-0901 Hiteon Creek No. 2
t.net
APPROVED BY: DATE: I DWG FILE NO.: OF
Page 7 - DECLARATION OF COVENANTS AND
RESTRICTIONS 50014-36804 Hiteon Creek Mitigation Project No. 21DS/10/21/2015