2016-050524 ~ SW Frewing Street and SW Ash Street ~ Restrictive Covenant (Future Street Improvements) Washington County,Oregon 2016-050524
06/30/2016 09:09:50 AM
D•IPPS Cnt=1 Stn=22 I REED
tt After recording, return to: $20,00$5.00$11,00$20,00•Total=$56,00
(2" City of Tigard—Records Division
13125
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Tigard, 02175766201600505240040043
I,Richard"obenlcIu,Director et Aspaement and ,.' '
NO CHANGE IN TAX STATEMENT toutran and!■-0fetclacoons/votary minlnptan . „ ,Y'`y
County.Owen,do nnrby certify let the well° s?,;: ti.7
rnetrvment of',Miley was received a ord.d In the I'•)t _I;t
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RESTRICTIVE COVENANT ""`°focl11°Yox„•b;;`f°_,',wtileao ntyce0e«"'t*`1 ,•�,••i
(FUTURE STREET IMPROVEMENTS)
I IIlli \t.Ill'J'.\II N 11,: rntrrt•t1 ours iliis / 7 iia\ of ¢(rr*1e. , 2111E . In
the City of Tigard, :I Municipal Corporation of Washington t.tmunt%, t hewn, ;"( I I'\"t old Jessica M.
Balfour and David E. Balfour, ("OWNER").
RECITALS
WI II::RE\S OWNI':R is the Owner of record of Property covered by this Agreement as shown in Section I
below,and
WI II',RI:AS OWNT?R has received approval of a development on the Property from the CITY,as set forth in
City of Tigard Case File MLP2015-00007 dated March 18,2016 and
W1 I I':REAS Chapter 18,810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to
street improvements,and issuance of permits is conditioned on OWNER'S compliance with the'I NNC,and
WI IFREAS OWNER wishes to mitigate the impacts of the proposed development,and
WI1F':RI':AS parties wish to fulfill the requirements of Chapter 18.810,
1N CONSIDERATION of the mutual promises,covenants and undertakings, and the issuance of a building
permit in advance of OWNER constructing improvements required by the TMC,the parties agree as follows:
Section 1: The real property subject to this Agreement is described as follows:
Parcels I and 2 of Partition
Plat No. 2O1G- O,..1. _,
Recorded as Document No. 2016-050.5 , Washington County, Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs,
successors In Interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
SW Frewing Street and SW Ash Avenue
Frontage Improvements
Section 3 This Agreement shall be in full force and effect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CI'T'Y standards in
effect at the tune of construction.
Restrictive Covenant(Future Street Improvements) Page 1 of 4
Section 4 CITY agrees that the improvements listed in Section 2 will Only be required as a result of any
one of the following events:
(1) when the improvements are part of a larger project to be financed in paid fin ht the
formation of a I.ocal lmptovemcnt District,
(2) when the improvements arc part of a larger public project to be financed of paid for in
whole or in part by CITY or other public agency,
(3) when the improvements are part of a larger project to be constructed by it third party
and involves the sharing of design and/or construction expenses by the third part\
owner(s)of property in addition to the property described in Section 1,or
(4) when construction of the improvements are deemed to be appropriate by the City
I?ngineer in conjunction with construction of improvements by others adjacent to the
improvements described in Section 2.
In addition to this Agreement, OWNER'S obligation to share design and/or construction
expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09,
TMC, or any similar ordinance or law providing a process whereby such expenses are
distributed among benefited properties.
Section S. OWNER agrees to sign any and all waivers, petitions, consents and all other documents
necessary to obtain the above listed applicable improvements under any improvement act CO
procCCding of the State of Oregon, Washington County, or the CITY as may be proposed or
adopted and to waive all right to remonstrate against the improvements listed to Section 2
above, submitted either alone or in conjunction with other improvements desetibcd in Section
4, as may be proposed. OWNER agrees that in lieu of any other document, CII Y m:n treat
this Agreement as a waiver of remonstrance on behalf of the property described in Section 1
against formation of such a Local hnprovement District. OWNER covenants and agrees that
the improvements described in Section 2 will specially benefit OWNER'S property as
described in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the
amount or the manner of spreading the assessment,but not the formation of such district.
Suction 7 CITY acknowledges that OWNER'S execution and performance of the terms of this
Agreement constitutes compliance with the requirements of'I MC Chapter 18.810.
Section 8: OWNER agrees that if Cf'I'Y causes the improvements listed in Section 2 to be constructed,
or part of such improvements without regard to the source of funds for such project, but not
as part of a Local Improvement District, then CITY will charge to OWNER and OWNER
:R
will promptly pay OWNER'S share of the cost of such improvements. OWNI:R'S share will
be determined by CITY in a manner similar to spreading the cost of a public improvement to
specially benefited properties. The parties intend OWNER to share in the cost of
improvements even though actual construction is undertaken and performed by some third
party,so long as the improvements, listed in Section 2, are included within the project.
•
(1) I.xcept as otherwise provided in subsection (2) of this section, prior to construction of
such improvements under this section,OWNER shall be provided not less than six (6)
Restrictive Covenant(Future Street Improvements) Page2oF4-
months written notice by first class mail that the project will be built [he notice shall
advise OWNER that OWNER will share in the cost of such improvements and
provide OWNER with an estimate of the total project cost as well as an estimate of
OWNER'S share of the costs. Failure to provide this "six month" notice ui advance
of construction shall not nullify OWNER'S obligation to pay,but shall only extend the
payment due date.by the amount of time less than six months that notice was gig cn,
but not more than six months. Upon completion of improvements pursuant to this
Section, CITY shall provide written notice to OWNER of OWNER'S share of the
actual cost of the improvements and OWNER shall pay OWNER'S share within sixty
(60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the
owner may elect to pay the City in 10 equal annual installments, with the first
installment due within 60 days of the notice. The installment option shall be available
only if the OWNER provides written notice and the first payment within 60 days of
the notice. If the installment option is chosen, the unpaid amounts shall bear triunes'
at the then legal rate of interest. Interest on overdue payments shall bear interest at
the rate of one and one-half(1 ',h"l") per month from the date the payment is due until
paid.
(2) Where the improvements listed in Section 2 are constructed by a third pans, ho
seeks reimbursement in accordance with the Reimbursement District (hdinance,
Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9. At any time prior to the events listed in Section 4, OWNER or OWNPR's successors may pay
to the CITY an amount determined by the CI'T'Y to be OWNER's share of the anticipated
cost of the future improvements. Payment under this section shall discharge all of OWNER's
obligations under this Agreement. City shall use the funds received under this section solely to
pay for the costs of the improvements.
Section ID: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions,
and restrictions running with the title to the property covered by this Agreement, and shall be
binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and
successors and shall be construed to be a benefit and a burden upon the property described in
Section I. The parties agree the CITY may, for purposes of recovering the cost of
improvements described in Section 2, levy an assessment against the property, described in
Section 1, and may enforce payment of such assessment in the manner provided in ORS
Chapter 223 or the general laws of the State of Oregon.
Section 11 Promptly after its execution by the parties, this Agreement shall be recorded in the records of
Washington County to provide public notice and especially notice to future rn\ncrs „f
property, described in Section 1 of the conditions, covenants and restrictions against the title
to the property imposed by this Agreement.
Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In
addition to any other legal remedies, OWNER'S failure or refusal to comply with this
Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties
provided in the'1TIv1C may also be enforced.
Restrictive Covenant (Future Street Improvements) fla9e3aF4
Section 13 If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing
party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable
attorney's fee to be 6xed by the trial and appellate courts respectively.
Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be
illegal or in conflict with any law, the validity of the remaining terms and provisions shall not
he affected, so long as this agreement continues to reflect the intent of the parties.The parties
shall negotiate an equitable adjustment of this agreement so that the purposes of this
agreement are effected.
OW vFR(•S): ! /�/ 11�{
1a1ure Signature
(JeSY1Ga M :0(I Dur Nvla E. b'f1 FO". t
Name (Nrini or 1 ype) Name (Priv!or Type)
9V?S sw f'ry,..4A1 ft Ili I tiA✓� 0 e T7223
Mailing Address City,. tate, i.lI Code
STA'T'E 01• ()1(I.l A)N )
County of ti�tt inch ille_)
On this /7" day ! s� n , 20 f ee ., before me a Notary Public,
7est r!4_ 10! �3Allego_, lditilli n' 54i_ / personally appeared and acknowledged that the
foregoing instrument to be their voluntary act:anal deed. /�
Before nick. it,' i'.Z—-'
OFFICIAL STAMP Ae.e40---!_.
i )
KATHERINE JEAN FRAHM Nolan, I nli t_ lin I ;'1!.)11
(43 NOTARY Puut.IGORFAON t
,aMMtSSI Nl NO.943839 Zola My commission expires: El7it./f tiM ci
A1Y COMPASSION EXPIRES OCTOBER 8,
Accepted on behalf of the City of Tigard this_ 2.16.day of 37-Jili, - ,20.4
— C'�' City I•:ngincer
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