94-109527 ~ 13461 SW Clearview Way STATE OF OREGON
unty of Washington SS
1,Jerry R. Hanson, Director of Assess-
ment and axation and Ex-OfWo County
Clerk for said county,do hereby Certify that
the within instrument of writing wrasr.eceived
and recorded In book of records,of said
county. ���f3�.3+►£�L?�
Jerry R. Hanson, Director of
Assessment and Taxation,
Ex-Officio County Clerk
AftBr Recording Return Copy of Recorded Document to: Dor, 94109527Re t.,t , 134777 ,�� t>t)
CIty Recorder- City of Tigard 12/08/1994 10: 3 5: 3 7�i M
13125 SW Hall Blvd. -Tigard, OR 97223
Dq'DIVIDUAL File No. Resolution 94-41
ENCROACHMENT AGREEMENT
THIS AGREEMENT entered into this "ay of , 19Z'�4between the CITY OF
TIGAR D (hereafter City ) and (hereafter "Owners").
WITNESSETH:
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 following described property:
The northerly 2.4 feet of the southerly 7.5 feet of Lot 20 of Benchview Estates
as per plat filed in Book 66, pages 38 thru 41 inclusive, Washington County
subdivision records, and as shown on attached sketch marked Exhibit "A", and by
this reference, made a part hereof.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access 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
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 shall extend to and
include their heirs, assigns, devisees, lessees, and holders of any kind of and under Owners.
Page l of 2
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
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non-conformance to the plot plan or discontinuance of such use.
WITNESS our this ay of
19 �Iy
lViatuie, 41 -� D-r-V Signature
LAM-fl Jar 5k Z
Address S Address
7—
STATE OF OREGON
) ss.
County of Washington )
This instrument was acknowledged before me on August 18, 1994 (date)by Gerald F. Engler
OFFIC3AL SEAL
Wj4CY LAFONTAINE Notary's Si hire
NOTARY p!,ar,_jcOREGON1 4111/97
,4
NO.0233% My Commission Expires:
W COMMISSIO4 AMIL 1,1997
----------
In accordance with Resolution No. 94-Al of the City of Tigard
City of Tigard
13125 S.W. Hall Blvd. City Administrator
Tigard, OR 97223
STATE OF OREGON
) ss.
County of Washington A.)
J.
This instrument was acknowledged before me on /\)Q V e4jj_4" D/ fi4 (date) b;3A1 fn0ryA-&,A_as
City Administrator of the City of Tigard.
OFFICIAL SEAL
MEATL
cpj�KF,)X E�VH EATLEY
T,_ �r ,�
L;�_OREI
rL,1:3LIC-OREGON
tj t)oe
Como motJro.006060
m ,0 tj VPJRC�JA YJ
y cxlw-lL�;�,Aj vptRC3 1AAy 10,1995 Notary's Signature
My Commission Expires:
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?, Page 2 of 2
EXIB[IBICT "A"'
REGISTERED
EGISTERED
I I
PROFESSIONAL
t
.AND SURVEYOR
OREGON
JULY t3.:104
L
RANDY L.
ROHNER
2107
LOT 20
Cv
.01
37.0' 6 2:01
co C14
4.0' m
C!
Wj "'2,0'
4.0' 6 5.0'
o .0,
cco)
wI 23.0'
15.0- PUBLIC SANITARY o N
SEWER EASEMENT = I Cry
29.0'5' LFE.—
97. 20.1,
MANHOLE MANHOLE
EXISTING SEWER LINE
LOT 19
0 SET BRASS SCREW 0 SET 5/6' X 30" IRON ROO 0 FOUND MONUMENT AS NOTED
SKETCH SHOWING SEWER LOCATION W . B . WELLS
LOT 20, "BENCHVIEW ESTATES" AND ASSOCIATES, INC.
IN THE SE 1/4 OF SEC. 4 T.2S R. IV, V.M. 4230 N.E. FREMONT ST.
COUNTY OF VA9iINGTON STATE OF OREGON PORTLAND. OREGON 97213
DATE: 8/8/94 SCALE: 11' = 20.0' PHONE: 284-5896
BASIS OF BEARINGS: PLAT FILE NO. 94-045
EXHIBIT ffAw