2006-094774 ~ 13222 SW Rockingham Drive Washington County,Oregon 206.094774
08/09/2006 09:25:52 AM
t - D Cnt=1 Stn=8 C PFEIFER
$216.00$11.00-Total=$37.00
• • RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD 111111111111 111 III MI 1111 111 11111
13125 SW HALL BLVD. 00993274200600947740040047
TIGARD,OR 97223 I,Richard Hobernicht,Director of Assessment and
Taxation and Ex-Officlo County Clerk for Washington +" .ZCA
County,Oregon,do hereby certify that the within s � .�'�
instrument of writing was received and recorded in the
INDIVIDUAL, book of records of said cfo�w�y. �7 ,.}- ,� T
C,yrAr.sl(, 1J �,�p�Qe.��l �AZ r
Richard W.Hobernicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
File No. MST2004-00200 and BUP2006-00129
Space above reserved for Washington County Recording Information
EASEMENT AGREEMENT/ ENCROACHMENT (REVOCABLE PERMIT)
THIS AGREEMENT is entered into on June St' ', 2006, between the CITY OF TIGARD
(the "City") and CHRISTOPHER" DUFFIN ("Property Owner").
RECITALS
A. Property Owner owns the property located at 13222 SW Rockingham Drive, Tigard,
Oregon 97223, more particularly described as Lot 47 Amesbury Heights Subdivision, in
the City of Tigard,Washington County, Oregon (the "underlying property").
B. The City owns an easement for sanitary sewer and storm sewer purposes over the
underlying property. The description of the easement is: The southerly 20 feet of Lot
47, Amesbury Heights Plat, as recorded in Plat Book 110, page 10 of plats, Washington
County Records (the "easement").
C. A deck has been constructed within the easement(the "encroachment").
D. The City believes that the encroachment may be maintained in place without
significantly interfering with the City's facilities in the easement, and is willing to allow
the encroachment to remain, subject to removal only if needed to allow full use of the
easement rights.
E. The City therefore agrees to permit the encroachment to remain in place, subject to the
City's right to revoke that peuilission.
TERMS OF AGREEMENT
Property Owner, on behalf of Property Owner and all future owners of the underlying
property, agrees:
1. To forego any and all claims that Property Owner might have at any time against the
City arising from work performed in the easement pursuant to the City's easement right
due to the encroachment on the easement, including, but not limited to, damage to or
removal of the encroachment;
2. To reimburse the City for all repair or installation expense that exceeds the expense that
would have been incurred if there had not been an encroachment;
Page 1 of 3
3. To reimburse the City for the total repair expense if the repair work is necessitated by
damage caused by the encroachment. The cause of damage shall be established by the
written opinion of an independent registered engineer selected by the City;
4. The City may determine, in its sole discretion, the materials, means, and methods to be
used in performing work within the easement. Expenses for work within the easement
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;
and
5. On demand of the City, to remove the encroachment, or such part of it as needed to
allow the City to exercise full use of its easement rights. If Property Owner does not
remove the encroachment as directed by the City, the City may remove the
encroachment at Property Owner's expense.
In the event that the City determines that continued occupation of the easement by the
encroachment is inconsistent with the City's right to use the easement for sanitary and storm
sewer purposes, the City may revoke this agreement. Any such revocation shall be
communicated to Property Owner or successor in interest at least 30 days in advance, unless an
emergency situation does not allow the full notice period.
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 Property Owner. This paragraph does not limit the City's unilateral right to terminate
this agreement as provided above.
This agreement allows the encroachment as built to remain, but does not allow any expansion
of the encroachment within the easement. If the City undertakes any work that requires
removal of the encroachment, the City will allow the encroachment to be reconstructed
without expansion, if consistent with continued operation of the City's facilities in the
easement. All rights and privileges granted herein by the City shall terminate upon the non-
conformance to the plot plan or discontinuance of such use.
WITNESS our hand this a-ay of June,2006.
Prop Owner s_ ature Property Owner's Signature
M7-2-7._ sL✓ (7--01-- � kC..A.... LIC4
Property Address Mailing Address (if different)
Page 2 of 3
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on — , 2006 by: Christopher J.
Duffin.
0-FICIAL SEAL
00 ` , TAMMERA L JOHNSTON-REITER 0) ?t....>"--C--27--,e:—
() NOTARY P UBUC-OREGON () L c)
()
i i COMMISSION NO.404046 () ,
( MY COMMISSION EXPIRES APRIL 23,2010 () I�lotary s Signatur
My Commi,_ e. ]xpireA P ,t1 3 20 D
r
City of Tigard ..4..... A a..J� ---
13125 S.W. Hall Blvd. City Mager
Tigard, OR 97223
STATE OF OREGON)
) ss.
County of Washington )
This instrument was acknowledged before me o �?� 1 6 i C' 2, 2006 by: Craig Prosser as
City Manager of the City of Tigard.
OFFICIAL SEAL �i
O 4,,
"** J BENGTSON ( /' �i ri ��( J \ ..NOTARY PUBLIC•OREGON � 'f ` L 'UCOMMISSION NO.368086 ► ,t s Si ature n
( MY COMMISSION EXPIRES APR.27,2007 .�
/
My Commission Expires- t/. r
Page 3 of 3
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Community Development Plot date:Jun 29,2006;C:\magic\MAGIC03.APR