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99-106453.1 ~ Sweeney Court 4. STATE OF OREGON iwrw' VIty of'Washington SS I, Jerry f-Ianson ()ir r of Assess- ment and axat bn vid E*.df io County Clerk for id o tjr;d re r' ertify that the within in rumient of wrthn'g was received and re rded`,, , bo oY rec s�of said county Jerry R.`Hanson a'tof Assesst ertt a'Clerkation, Ex- C3ftiq Gourfy`C Jerk Doc 99106453. 1 Rect: 240011 41.00 09/15/1999 09: 11:41am / ..... 6 WNW After Recording Return to: City of Tigard-Records Division 13125 SW Hall Blvd. Tigard, OR 97223 LASS NO. : SO3 `'ie)-cxxoti ACCESS EASEMENT AND MAINTENANCE AGREEMENT :#3f1 - This Access Easement Maintenance Agreement is dated this I's day of Augu3t; 1999 and is by and between the City of Tigard (the "City") and Riverside Homes, Inc., the current owner of Lot 13 of the Walnut Glen Subdivision located in the City of Tigard, Oregon. WHEREAS Riverside Homes, Inc. currently owns Lot 13 of the Walnut Glen subdivision and plans to build a house on Lot 13 which together will be sold to a homeowner, (hereinafter, the "Owner"); WHEREAS, the Final Order by the Hearings Officer for Walnut Glen Subdivision, Case number: Subdivision 98-0001/Variance 98-0002, requires that Tract A along with an access easement over Lot 13 for the benefit of Tract A be dedicated to the City. It also requires the Owner to enter into an agreement with the City for the maintenance of the Easement as a condition of recording the Plat; NOW THEREFORE, in consideration of the mutual agreements herein contained, the parties hereby agree as follows: 1. Effective Date: This agreement shall be effective upon recording of this document in Washington County, Oregon. 2. Easement: Riverside Homes hereby grants to the City of Tigard an easement over Lot 13 of the Walnut Glen subdivision to allow City personnel, vehicles, and equipment access to Tract A of the Walnut Glen subdivision. The location of the access easement is described in the attached Exhibit A. 3. Maintenance: The Owner, at its sole cost, shall be responsible for the regular routine maintenance of the paved area of the driveway on the easement area. All decisions concerning the maintenance of the driveway and the easement area shall be vested with the Owner. The easement shall be maintained in a good and workmanlike manner so that the City, its employees and Agents may continuously and safely use the easement for access. Any damage to, or destruction of, any improvements in the easement area caused by the City, its employees or agents shall be fully repaired or C72. j:\geonerco\wpdata\letter\jennifer\walnroad3.doc 8/24/99 *so replaced, 4110010 replaced, and the easement shall be promptly restored to the same condition it was in prior to any such damage, by the City at the City'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 road repair work or road maintenance work, the dispute shall be settled by a single arbitrator who shall direct any 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 judgment and enforced by any party bound by this agreement in any court of competent jurisdiction in Washington County, Washington, and the losing party shall pay all costs in connection therewith, including reasonable attorney fees in an amount to be set by the court. 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 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 shall be allowed on the easement area. 6. Indemnity: The City fully indemnifies and holds harmless the Owner with respect to any and all loss, cost or damage which the Owner may suffer by reason of the City, its employees or its agents entering onto 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 a covenant running with the land and shall bind all subsequent owners of Lot 13. Accepted and agreed to this l - day of Ar,, /,1999. RIVERSIDE HOMES, INC. CITY OF TIGARD B : `• Boyce BY: OAGus-r4.1 P. .SLA-►.1AS Its: 'egional Manager Its: Cir 6,46,4E'4 \geonerco\wpdata\letter\Jennifer\wal nroad3.doc 2 8/24/99 State of Oregon } r . .v-f`., OFFICIAL SEAL } SS. .:n..T.I. DIETRA L STIVAHTIS County of �" � NOTARY PUBLIC-OREGON COMMISSION NO,A055089 MY COMMISSION EXPIRES JUN 17 2000 On this day personally appeared before me Todd Boyce to me known to be the Regional Manager of Riverside Homes, Inc. described in and who executed the within 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. 5,—Given under my hand and official seal this / 'day of ,',Aft i 1999. falft'uli V i MM3. is in and •the Stat Oregon, residing at ,4/,tt-tar , , My commission expireC//AQ /3,77-9)7) State of Oregon } } ss. County of A4'J 1 AL } On this day personally appeared before me q1-119q to me known to be the Ea1Giv/1ii I- of the City of Tigard described in and who executed the within 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 -lay of ard) , 1999. GetAtf:)14 - 3/ IX6-fwt/1 ��.. OFFICIAL SEAL Notary Public in and Fr the State of • ° n <.rr-r� DIANE M JELDERKS Oregon, residing at • 11�"i�,l� , r e A NOTARY PUBLIC-OREGON My commission expires C / cl `;;,� COMMISSION NO 046142 1 MY COMMISSION EXPIRES SEPTEMBER 07,1999 j:\geonerco\wpdata\letter\Jennifer\walnroad3.doc 3 8/24/99 *ow 44100 '15' PUBLIC UTILITY AND JOB NO. 4072 - ACCESS EASEMENT FOR THE 8/26/99 MAR BENEFIT OF LOT 13 AND TRACT "A", "WALNUT GLEN" EXHIBIT "A" A STRIP OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT "A" WALNUT GLEN"; THENCE ALONG THE NORTH LINE THEREOF S.89°20'49"E., 16.52 FEET; THENCE S.25°01'00"E., 2.52 FEET; THENCE S.05°16'21"E., 187.14 FEET; THENCE S.23°45'45"E., 8.13 FEET TO THE NORTHEAST CORNER OF TRACT "B" (S.W. SWEENY COURT); THENCE ALONG THE NORTH LINE THEREOF, N.89°20'49"W., 25.86 FEET; THENCE ALONG THE EAST LINE OF LOT 14 "WALNUT GLEN", N.47°26'22"E., 10.22 FEET; THENCE CONTINUING ALONG SAID EAST LINE AND ITS NORTHERLY EXTENSION, N.05°16'21"W., 175.39 FEET TO THE EAST LINE OF LOT 13 "WALNUT GLEN"; THENCE ALONG SAID EAST LINE, N.14°05'08"W., 14.89 FEET TO THE POINT-OF-BEGINNING, CONTAINING 3,007 SQUARE FEET,MORE OR LESS. i 49.00' • TRACT "B' r 1 16.52 'MEADONK�ADE" FOUND 5/8' IRON ROD (P3) i `% BOOK 83, PAGE 16 NO CAP, NO174'SO'W, 033. j FENCE CORNER IS AT I 'KAMPE' IRON ROD 15' P.S.S.E. I I P. I . g �� 38 - of *i. 1-:I°' N N ; td, >. TRACT "A" °$ .". 13 . 3657 SQ. FT. g ^ 8,741 SQ. FT rp,� -' I" o I ^3 I� 15' P.U.E. AND AN ACCESS t..%)I I EASEMENT FOR THE BENEFIT 15' P.S.S.E. v OF LOT 13 AND TRACT 'A' I I (SEE NOTE 8) N ^ ..„..------47 I 13.54' Nf' O FOUND 5/8' IRON RODQ N89'47'00'E , p , Z w (P3) NO CAP, EAST 006' % 63.37' 1 N89 47'00 E 15' P.U.E. AND AN ACCESS Q FENCE IS 0.2' NEST OF ' i i 45,00' EASEMENT FOR THE BENEFIT a IRON ROD 1Z 1 OF LOT 13 AND TRACT 'A" 5 _- i( SEE NOTE 8) I N a 1 Z -1 1 1 g § 8 14 I N 1 . a i C13 37 7508 SQ. FT. I `�. I `1 FOUND 5/8' IRON ROD b S8920'49'E ' a IN64"59'00'E, 0.24' 25.86' I i S23'45'45'E w� REMOVED 8Y CONSTRUCTION 8 13 FOUND 5/8' IRAN ROO N4736'2?E ' ' / 12 a (P3) NO CAP, EAST 0.13' 10.22' ii '� FENCE IS 0.2' NEST OF ( 0 - - O IRON ROD 3S8970491'2i 1 �.53' �` \ 7502 SQ. FT. ,1 S8970'49'E L=� i� .;,i Diir 1. i TRACT "D" s'� 46.89' U - 8 RCA � L) ' 338 SO. FT. \ 'Ji` 'i S1354'43"E - \........(TYPICAL) Ncr 40 (SEE DETAIL 'B') \ q i..--'-25.84' l \ 58971'19"E • $ $ S8970'49r,�� X54 OS 9'E o cPcAl , �% 79.65' T; i 35.13' 'd ', m ` S.W. SWEENEY COUR `fig w ' 36 1-, S•TRACT ' ' g 58970'49'E 32.© :► '1 PRIVATE DRIVE ID 22.00' \1 Q, t �'%7907 SO FT. Z g 15 ,\ i 7503 SQ. FT I1 7503 SQ. FT. t1 t % 1 � % ' 15.12' /49i . _ -... 1'*. _ L:9.70' .-_,_