01.01.1901 ~ Hall Boulevard ~ O'Mara Street mete '40111A
RECIPROCAL PARKING EASEMENT AGREEMENT
THIS AGREEMENT is effective this day of CO e-5 ,
1990, by and among the parties whose signatures appear below. The
parties hereto are fee owners (hereinafter "Owners") of the
following described real property:
2S1 2DA Tax Lot 701 2S1 2DB Tax Lot 500
Washington County, Oregon Washington County, Oregon
Tigard Christian Church Tigard Senior Center
13405 SW Hall Boulevard (City of Tigard, owner)
Tigard, Oregon 97223 8815 SW Omara
Tigard, Oregon 97223
The parties hereto intend to share the use of the entry
driveways, parking areas, a connecting driveway between the parking
areas, the construction and grade of which must be approved by the
City of Tigard's Engineering Department, and a stairway, as shown
on Exhibit "A", to provide pedestrian and vehicular access and
parking for events held by either party.
1. Grant of Easement. Each Owner shall have the right to use the
other Owner's driveways and parking areas at all times except
during events scheduled by the other Owner, unless the other
Owner gives permission for use of its parking area during
such events. Both parties agree to exchange event schedules
regularly, and to notify one another of additional special
events as they occur, with as much advance notice as
possible.
2. Limits of Easement. The privileges granted under this
reciprocal agreement are limited to the areas shown on Exhibit
"A" as driveways, parking areas, and the driveway and the
stairway connecting the parking areas on the date of this
agreement. This agreement is not intended to cover any
parking areas or driveways constructed after this date. This
agreement is not intended to cover additional parking demand
created by the expansion of either owner's facility. In the
event of such expansion, this agreement may be renegotiated
or terminated in accordance with paragraph 8 hereof.
3. Maintenance. Each Owner shall be responsible for the
maintenance of its own driveways and parking area, except as
provided under section (4) below. Each Owner shall contribute
to the maintenance and repair of the stairway connecting the
parking areas, shown on Exhibit "A", except as provided under
section (4) below.
Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT
4. Individual Responsibility. Notwithstanding the provisions of
e section (3) , each Owner is solely responsible for any
particular damage caused to the shared stairway or to the
private driveways and parking areas by the offending Owner,
the Owner's guests, invitees, or contractors.
5. Indemnification. Each Owner agrees to indemnify and hold the
other Owner harmless from all claims arising out of the use
of the shared stairway and of one Owner's driveway and parking
area premises by the other Owner, its contractors, agents,
guests and invitees.
6. Notice. In the event an Owner causes damage to the stairway
or to the private driveways or parking areas, then the Owner
shall be notified in writing of an assessment for the repair
of the stairway, driveway or parking area in need of repair.
Such notice shall be provided on behalf of the Owner who has
determined that such repairs are needed. Written notice shall
be mailed to the Owner at the address shown in the
introductory paragraph to this agreement.
7. Payment of Assessment. If an Owner is unable, unwilling or
refuses to comply with a written demand for payment of the
assessment within thirty (30) days of written notice to the
Owner, or the Owners cannot agree to a mutually acceptable
solution within thirty (30) days of written notice to the
Owner, then the remaining Owner shall have the right to do
either or both of the following:
(a) Assess that Owner for the cost of the work done; and
the remaining Owner shall have a lien upon the
nonperforming Owner's real property for the cost of
said repair, which lien shall be subordinate to any
prior recorded mortgage, trust deed or land sale
contract; and
(b) Bring suit or action against that Owner to enforce
collection of the assessment. In the event such
suit or action is brought to collect an assessment
or otherwise enforce the terms of this Agreement,
the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees, as awarded
by the court at trial or on appeal.
8. Duration and Termination of Agreement. This Agreement and the
obligations hereunder shall exist in perpetuity, unless
terminated by mutual agreement or upon 90 days' written notice
of termination by either party or unless all or a substantial
part of the easement area is acquired by or dedicated to a
municipal authority for public use. Both the benefit and
burden of the Agreement shall be appurtenant to and run with
the parcels described above.
lwe Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT
9. Successors and Assigns. Both the burden and the benefit of
this Agreement shall extend to the heirs, successors and
assigns of all parties hereto, and shall run with the land
subject to this agreement. It is the intent of the parties
hereto to create a continuing obligation on the part of each
landowner, present or future, including any additional Owners
resulting from any further division of the existing parcels.
DATED this oZa rlG. day of DCkQJ'U , 1990.
CITY OF IGARD TIGARD CHRISTIAN CHURCH
By• / % _. By:
'e, ! lei (XYlinits-tsar
Print Name & Title Print Name & Title
STATE OF OREGON )
ss.
County of VIk,rJ-wv )
This instrument was acknowledged before me on C/«v 'l �s ,
1990 by�Ci'triw...-J. , as C ,1H (1d4N N-of the City of
(Tle)
Tigard, Oregon.
:10VALim
[NOTARIAL SEAL] kl #40 ."1
OTARY PUBLIC FOR O' :G `v
My Commission Expire
its" Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT
%r✓,
STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on
1990 by , as of the Tigard
(Title)
Christian Church.
[NOTARIAL SEAL]
NOTARY PUBLIC FOR OREGON
My Commission Expires:
e:brce\memo\kme\aencen.ug
AFTER RECORDING, RETURN TO: NO CHANGES IN
TAX STATEMENTS
Kenneth M. Elliott
O'Donnell, Ramis, Crew & Corrigan
1727 NW Hoyt Street
Portland, OR 97209
'Noe Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT
• . .
. .
. -
. .
. . . _ . .
. ,.....,
. .
. .
p•.,-
I-)
in p.,..
._. ..,_ — mm
. 1
• ,..
DT 1 i
0
1
. ,
,.....-- L # ........
/ I
L
e ..,.....- / N.
i •
. •n,
0 '
I ."' NI
...- ..„.„------- 1
illIlliillliil 1
— \-... —
_ ...._
*, _. II
_ - 1
- - - _
\ 1... 1%
I - - -
- -
- -
_ ...PI°
_....___
-
: ,..111T- - - -- I
II
(11.)' -
-
_ L.?
„._
_
F-2
= -
-4"
II
Fag_ 1 I I
1 - ._ - iii 11.5e...01 7 I
r...7..: II
1 ............
_...._ _
..,... ....., -
I --- ------ --n• _ i
• 1-411111134-71-
I :13J
1 - _ . 7
C i 1
1111.
I 1
-
,S Iii 1— ALL LV
„moo,
,......„
. .. . .., ,
) . ...„. ,
. _
. . .
) ) )
l
---- E x 1 a t I rq Stairs
,1)
., ,ra
i— :5 ,
_ ,
1\1?=.w 2 " 4.6ciinalt on t " e-ri...ie,-hrz'c.i.4 rock
I 7,
(1, 1(?::, c_Lct._,,,,.
.1------- ! t370 si-oPE .
i ..
I A-s evia---
4'-0' -----Proj
Z
a i li, -,(....01,e. 4_5 skoa,t4
Sc-oPE vitt-Y Oia •40,2. , est,TICT-
_______
TO e_,C.C .e D IS*
Scale 1 " = 20'
Cut aapleia It and Iristall new ea " extruded curb
remove exintln --- / tultl--13& " planter ieland at
, I •
planter i5lancl 7 , arsnicr ceritr oark.inp lot
/I / /
Ii
31 ...011 / 1
L
fi t A-kEt4- oP hiec,-) 0 ateek)A-1
. ;
.
, , )
tIT . • -I 1
A 1 )
1 i ..., 'Nov__
- 1 ----
---------
.., ; ..-
-----
---------__ Cut c5,5,phlt and
. ,
- - - --
. .
re7.,,,....,;:neteerxinitl-nric47d
-cL7 41 .
. .
cals I" =
.
/
/
Move irriclation line- ,
------- intall 2' PVC conduit
under new drive For
exitinc; irriclation line-, •