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2S111BC02300 ~ 14530 SW 103rd Washington County,Oregon 2008_026137 03i )8 09:16:30 AM D-F Cnt 1 Stn=13 I CASTILLO $20.00 55.00$11.00-Total=$36.00 11111111 11 11111 11 n axati 01231194200800261370040049 I,Richard Hobemichtand ,Ex-ORiclo CoDirectounty tyr seaementfor wuhiand RecordingInformation Clerk npton Name of Instrument: Declaration of Restrictive Covenant— County, nt Oregon,ting was rocs viedfy tandhat trecordehe ld in the Instrument of writing '•"^° book of records of said cou ,�I+�tn/ Heritage Tree#2 Richard Hobemleht,DlrectorofAtsesement and� N ,+s Grantor:Gary and Gay Fantz Taxation,Ex-Officio County Clerk Benefited Party: City of Tigard After recording,mail to: City of Tigard,Attn:City Records 13125 SW Hall Blvd.,Tigard,OR 97223 No change in Tax Statement Mailing Address Declaration of Restrictive Covenant—Heritage Tree #2 Comes now Gary and Gay Fantz("Grantor")and,pursuant to the Heritage Tree protection provisions of the Tigard Municipal Code,hereby desires and does declare the following restrictive covenant(s)upon the following described Real Property,in compliance with terms,conditions,and provisions of the City of Tigard regulations relating to Heritage Trees: Real Property*Subject to Restrictive Covenant: Address: 14530 SW 103rd,Tigard,OR 97224 Tax Lot: 2S111BCO2300 General Location of the Heritage Tree on Real Property:The Monkey Puzzle(Araucaria araucana)Heritage Tree is approximately 60'tall and 35'wide. It is generally located on the northwestern most portion of the property, approximately 10'south of the northern property line and 8'east of the western property line. *Address,Tax Lot number,property lines,and tree description are per January 2008 City maps and records. Restrictive Covenant(s): 1.The tree located upon the Real Property and accepted by the City of Tigard's Tree Board and approved by the City Council on September 12,2006 as a"Heritage Tree,"(as defined by the Tigard Municipal Code Section 9.08.010,) shall hereafter be protected as a"Heritage Tree"in accordance with Tigard Municipal Code Section 9.08,and all regulations thereto. Grantor covenants not to remove the Heritage Tree except as permitted by said Tigard Municipal Code Section 9.08. The covenant shall run with the land and be binding upon the Grantor,Grantor's successors and assigns and shall be a perpetual covenant provided,however,that this Covenant may be released and discharged by recording a document extinguishing this Covenant,executed by the City of Tigard,in the Official Records of Washington County,Oregon. The undersigned Grantors hereby covenant and represent to the City of Tigard that Grantor is the fee title owner or contract vendee of the Real Property and that this Declaration is executed pursuant to lawful authority if Grantor is an entity. Declaration of Restrictive Covenant—Heritage Tree#2,Page 1 of 2 Grantor: By C f/------) 1..-- - Name: 6 A ,ni c , F.-pc) pit Z Title: ,r)1 (? CIL/N C.-it Date: /— .5/ 1-.), State of (94-eC/ (rte County of A4,4�.4 1 .- ss. Date:_ )....a A- 31, 66 g Subscribed and Sworn to before me by C-.,A 12Y L- • FAA)7 2-(Individual)as his/her voluntary act and deed. �•:�, OFFICIAL SEAL /,�j ,�� CAROL A KRAGER NotaryPublic of [% ��h� tr+ NOTARY PUBUC-OREGON " COMMISSION NO.402780 �/ / MY COMMISSION EXPIRES FEBRUARY 23,2010 My Commission Expires 7�z"6 • a., aO/6.) Grantor: %`-\ - --- By: /' /\l . � .�; Name: ....-- -Ps-- U,:t-_ " Title: 46 r:-4 G- UCxJ(v��`).._...} Date: 1/ 1/6 State of C% 2iy6r-- County of P)(1.4l(,4/YSO1-- ss. Date: �J--G!k\ - `j ! , a0.0 ( Subscribed and Sworn to before me by (oA Y I-1• FA Al 7 ?.._(Individual)as his/her voluntary act and deed. ,1 Ts OFFICIAL SEAL CAROL A KRAGER Notary Public of ��f�y`— �: NOTARY PUBLIC-OREGON // „ COMMISSION NO.402780 v'let a 3, a 6/6 MY COMMISSION EXPIRES FEBRUARY 23,2010 My Commission Expires Declaration of Restrictive Covenant-Heritage Tree#2,Page 2 of 2 Agenda Item Discussion & Comments Action Items (follow up) well as historic buildings. 8. Consider Park Manager Plaza presented information on this Motion by Councilor Acceptance of agenda item to the City Council. Sherwood, seconded by Matching Councilor Wilson, to adopt Funds to The City was notified recently that a grant was Resolution No. 06-57. Construct Jim awarded to the City for the Skate Park if$150,000 in Griffith matching funds would be provided for construction. The motion was approved Memorial Skate by a unanimous vote of Park Funding of the Skate Park will come from Park Council present. SDCs, Donations and the Grant. Mayor Dirksen Yes Michael Kent and Chas Caldwell were also present Councilor Harding Yes and made comments about their plans to use the Councilor Sherwood Yes Skate Park.These two young people also made the Councilor Wilson Yes presentation to the State committee responsible for awarding grant money. The Skate Park should be through the permit process in the next 30 days, construction would begin this fall, and the Grand Opening held next summer. Grant money was also received from Tony Hawk who sent a sketch of a couple of ideas to improve the plans for Tigard's Skate Park. These ideas were incorporated. Donations for the Skate Park would still be appreciated. Tigard was prepared to fully fund the Skate Park if needed;however,because of the grant, more SDC funds can be used to fund other park needs in the City. Councilor Harding noted the growing popularity with this sport over the last several years. This park facility will be well utilized. Mr. Rich Carlson acknowledged a number of contributors over the last five years including Landmark Ford,Tigard Liquor Store,Verizon, GI Joes, and the Tigard Optimists. RESOLUTION NO. 06-57 —A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $150,000 STATE OF OREGON LOTTERY Tigard City Council Meeting Minutes September 12, 2006 Page 10