7140 SW LOLA LANE 'f ►"or"IM"
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94018875
Washington County
After Recording Return Copy of Recorded Document to:
City Recorder -City of Tigard —TPA
3 1312.5 SW Hall Bled. -Tigard, OR 97223 ! i
INDIVIDUAL Frr.: No. F
ENCROACHMENT AGREEMENT
d TIiIS AGREEMENT entered into this-A�'D day of 'A1% _, 19—q± between the CITY OF r
TIGARD (hereafter "City") and Anthonv P. and Colleena K. Capaci (hereafter "Owners"). e�
W ! " NESSETli.
That the City, its successors and assigns, hereby grants, bargains, sells, and conveys unto the said
Owners and their assigns, the right, power,and authority to lay down,construct,and perpetually maintain
a building on that certain foundation corresponding to the plot plan attached hereto, encroaching on the
easement held by the City, said easement being over the fallowing described property:
s:
The portion of the permanent easement granted by the Circuit Court of the State of
Oregon for Washington County on October 14, 1966, in Judgment Order No. 27-106 '
(Metzger Sanitary District vs. L.V. I-ighhouse, Jr., et. al.), being the portion of said
easement lying within lot 18 of The Razberry Patch recorded in Book 39, page 23,
Washington County Subdivision Records.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
I. To forego any and all claims that Ownic,:s might have at any time against the City arising from
work performed in gaining accec 1 to and repairing the sewer lines due to the encroachment on
the easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment;
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when y
based upon competitive bids obtained by the City or upon the written opinion of costs by an
independent registered engineer selected by the City. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
It is covenanted and agreed between the parties hereto that all the covenants and agreements above
expressed shall be. held to run with and bind the property described herein, and shallextend to and +
include their heirs, assigns, devisees, lessees, and holders of any kind of and under Owners.
It is further covenanted and agreed between the parties hereto, their heirs and assigns,that this agreement
shall continue only so long as the foundation is constructed in conformance to the plot plan and
Pag, 1 of 2
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maintained in that location. All rights and privileges granted herein by the City shall terminated uport w
the nor.-conformance to the plot plan or discontinuance of such use.
WITNESS our hand this LA day of. 19-�
f,
Signature - iong P. Capaci Signature - Colleena K. paci Addres, Address
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on �L1/ µ�
Ict , •�1 , l Q 4� (date) by Anthony_P Capaci and
Colleena K. Capaci .
C-F SEAL m' --
r F:'.:)AN AHAYES Notary's S attire
NOTARY PUELIC•OREGON p 9
COMM ISS :x;0.005513 My Commission Expires: S
MYCOMMI5SIN Ekrr, 1!.%)' 5, 1995
In accordance with Resolution No. 94-c,5 of the City of Tigard
s /
City of Tigard
13125 S.W. Hall Blvd. Patrick/. Reilly, ?�,/Adriiinist6tor
jigard,OR 97223
STATE OF OREGON )
)ss.
County of Washington )
This instrument was aclatowledged tr �fote me on c7� �cd tip
_(date)by Patrick J. Reilly as gat
Administrator of the City of Tima
/ ' LC 4 _
otary's Signature
My Commission Expires- It) q S-
OFFICIAL SEAL
zy*i. CATHERINE WHEATLEY
- '' NOTARY PUBLIC-OREGON I
COMMISSION NO.006060
MY COMMISSION EXPIRES M.AY 10. 1695 I
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