2000-072651.1 ~ Fonner Street ~ 115th Avenue 6
STATE OF ORE 1 SS
County of Washington
I, Jerry„Ki-i rrr'3Dlrector of Assess-
/�_ After Recording Return To: nlent and °Taxtlbn atld :Cio County
City of Tigard—Records DivisionClerk for i{ € i1 } �51�1B t�/c rtify that
13125 SW Hall Boulevard the withi 4Stt natr:nr delved
Tigard,OR 97223 and redord'ee 1 4 book Of r ds'of said
county
Case Number Sub 98-0004 i' t,k7 - 41
r
Ankicata
This instrument filed for record by Fidelity
National Title as an accommodation only.It J r kiar brt, Director of
Ex-
not(leen iaamined as to its exec oras% `Asses ►fier ,anc laxation, Ex-
e( tuponthetide. Kx0/ e� �lfFic� d�rrty`Clerk
(p Doc : 2000072651. 1
Rect: 262683 37.00
09/08/2000 03:47: 33pm
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
This Access Easement Maintenance Agreement is dated this ,0 day of cic r
2000 and is by and between the City of Tigard and Hunter's Woodland LLC the current owner of Lots 9,
10, 11 and 12 Hunter's Woodland Subdivision located in the City of Tigard,Oregon.
Whereas Hunter's Woodland LLC currently owns Lots 9, 10, 11 and 12 and plan to sell an
individual homeowner, (hereinafter,the Owner).
Whereas,the fmal order by the Hearings Officer for Hunter's Woodland Subdivision requires that
public access easements be dedicated the City.
Now therefore,in consideration of the mutual agreements herein contained the parties hereby
agree as follows:
1) Effective Date: This agreement shall be affective upon recording of this document in
Washington County, Oregon
2) Easement: Hunter's Woodland LLC hereby grants to the City of Tigard an easement over
Lots 9, 10, 11 and 12 of the Hunter's Woodland subdivision to allow City personnel and the public access
to Tract A and Tract B of the Hunter's Woodland subdivision.The location of the easements are detailed
on the plat of Hunter's Woodland.
3) Maintenance: The City,at its sole cost, shall be responsible for the regular routine
maintenance of the paved area of the path on the easement area. All decision concerning the maintenance
of the path and the easement area shall be vested in the City of Tigard. The easement shall be maintained
in a good and workmanlike manner so as to be continuously safe for use. Any damage to, or destruction of
any improvements in the easement area caused by the owner its guests or invitees shall be fully repaired or
replaced,and the easement shall be promptly restored to the same condition it was in prior to any such
damage,by the Owner's sole cost and expense.
4) Arbitration: In the event that the parties are unable to agree as to any matter covered by this
agreement,including specifically but not limited to the necessity for path repair work or maintenance work,
the dispute shall be settled by a singe arbitrator who shall direct and settlement deemed equitable under the
circumstances. The arbitrator shall be appointed by the presiding Judge of the Washington County Circuit
Court upon request of any party bound by this agreement. The decision of the arbitrator shall be final and
binding and not subject to appeal. The decision may be entered as a judgement and enforced by any party
bound by this agreement in any court of competent jurisdiction in Washington County, Oregon and the
losing party shall pay all costs in connection therewith,including reasonable attorney fees in an amount to
be set by the court.
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5) Restrictions on Use: The Owner will not cause any structures to be built upon the easement
area,including but not limited to fences or gates,which would interfere with the City's use of the easement.
The Owner will at all times use the easement area in a manner that will not interfere with the City's use of
the easement. The City and the public will at all times use the easement area in a manner that will not
interfere with the Owner's use of the easement. No parking will be allowed in the easement area.
7) Miscellaneous:
a) This Agreement shall be construed in accordance with the laws of the State of Oregon.
b) This Agreement shall inure to the benefit of and shall be binding upon the respective
successors and assigns of the undersigned. This Agreement and the benefits and obligations
provided hereunder shall be deemed to be covenant running with the land and shall bind all
subsequent owners of Lots 9, 10, 11 and 12 of Hunter's Woodland.
Accepted and agreed this .ZS- day of KciG(AI T ,2000.
Hunter's Woodland LLC
___46)
by- ! 24 ..7:14-11400
its d i
State of Oregon )
)ss
County of Washington )
On this day personally appear d before me 7)416 a J 4i+egrd to me known to be the
M es-4/a3 c- of /,4idroxd `ejd > "t-d) 4 C.c-- described in and who executed the
with and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and
deed, and for the uses and purposes mentioned.
Given under my hand and official seal this I-- day of 44)6 ci,r ,2000.
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Accepted on behalf of the City of Tigard this I'' day of 5-ee.—p++-vvv10 4 ,2000.
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City*sneer
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