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2005-036855 ~ Durham Road ~ 98th Avenue Washington County,Oregon 2005-036855 C 2005 03:51:43 PM • RETURN RECORDED DOCUMENT T 1,461.4 Onta1 Stna8 RECORD81 $15.00$8.00$11.00•Total=$32.00 CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD IIIIII 13125 SW Hall Blvd. I III I 1111 III I 1111111111111 Tigard,OR 97223 00750947200500368550030030 I,Jerry Hanson,Director ofAssessment and Taxation and Ex-Officio County Clerk for Washington County, y'.' '' Oregon,do hereby certify that the within instrument of Jj�R�,,,;. �+,•, writing was received and recorded In the book of y 1 ;� records of said county. Jerry R.Hanson,Director meet and Taxation, Ex-Officio County Clerk RESTRICTIVE COVENANT FOR A RESERVE RIGHT-OF-WAY STRIP Space above reserved for Washington County Recording information KNOW ALL PERSONS BY THESE PRESENTS, that Southwest Church of Christ, Inc.,an Oregon corporation, grantor being lawfully seized in fee simple of the following described premises, in consideration of the granting of a Conditional Use Permit, Item No. CUP2003-00009, which is the whole consideration, heretofore granted by the City of Tigard, a political subdivision of the State of Oregon, does hereby establish a seven foot, reserve right-of-way strip along SW Durham Road frontage, as approved by Conditional Use Permit CUP2003-00009 over that certain real property situated in the City of Tigard, County of Washington and State of Oregon, and being more particularly described as follows: Attached Exhibits "A" and"B" This restrictive covenant shall run with the land,burdening the subject site and to the benefit of the citizens of the City of Tigard by and through their City Council. It is binding on the parties,their successors,heirs, assigns, and grantees, and before this restrictive covenant can be removed, authorization must first be obtained from the City of Tigard. This agreement shall survive transfer of jurisdiction of the above named right-of-way. This agreement is intended to protect the public from any deleterious effect on the approval or ensure proper public services as provided in the City of Tigard Community Development Code, and is for the benefit of the City of Tigard and is enforceable by the Tigard City Council. The covenantor agrees that execution of this agreement in no way limits,restricts,or pre-empts the authority of the City of Tigard to exercise any of its governmental authority applicable to said property. IN WITNESS WHEREOF, I hereunto set my hand on this 2 8 day of YYl a r , 2005 Southwest Church of Christ Name of Corporation 9725 SW Durham Roade<r>7.---; Address Tigard, OR 97223 Title STATE OF OREGON )ss. County of Washington This instrument was acknowledged before me on 111n r h Z P 11005 (date)by 610 (L 5 I_{ YpC (/9 (name(s)of person(s)) as TQC rd-a (type of authority,e.g.officer,trustee,etc.)of$ Qy`}ht+to5C{1UY[/nofr.rllr'St'(name ofparty on behalf of whom instrument was executed) l77OFFICIAL SEAL Notary's signature: J .s.. CYNTHIA I HALL NOTARY PUBLIC—OREGON My Commission Expires: TP�i7 f 2 C$ COMMISSION NO.347037 MY COMMISSION EXPIRES SEPTEMBER 18,2005/, IIII 111111111I1I1E1111I11 V 2005-36855 EXHIBIT "A" �1� SOUTHWEST CHURCH OF CHRIST 7' RIGHT-OF-WAY DEDICATION S .W. DURHAM ROAD A tract of land in a portion of Lot 20 of ALDERBROOK FARM, in the southwest one-quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of the Southwest Church of Christ property described in Book 993, Page 887 of Washington County Deed Records, and being more particularly described as follows : Beginning at the southwest corner of the plat of SUMMERFIELD NO. 9, also being a point on the north right-of-way line of S .W. Durham Road (being 45 . 00 feet from centerline) ; thence following the said north right-of-way line of S .W. Durham Road, South 89°16 ' 30" West a distance of 249 . 99 feet; thence following the arc of a curve turning to the right having a radius of 40 . 00 feet, with an arc length of 24 . 02 feet (chord bears North 73°31 ' 09" West 23 . 66 feet) ; thence following a line lying 52 . 00 feet north of and parallel with the centerline of said right-of-way line of S .W. Durham Road, North 89°16' 30" East a distance of 272 . 70 feet to a point on the west boundary line of said SUMMERFIELD NO. 9; thence following the west boundary line of said SUMMERFIELD NO. 9, South 00°07 ' 21" West a distance of 7 . 00 feet, to the POINT OF BEGINNING; having an area of 1, 858 square feet, 0 . 04 acres, more or less . Bearings for the above description are based upon Multnomah County Survey Record Number 57018 . Doc. No. 50312 rw Tuesday, April 6, 2005 / k.a....d fi 0000, ND /' 71,1 •• A �fl,,1 ( l 7 I REG' LY 14,197$ GA- W.HICKMAN 1878 RENEWAL DATE II/a2, C:1-- OATE OF SIONATUiE;C &/ File Path: D:\DWG05\ EXHIBIT "B" F le Name: 50312.DWG 03-21-2005 Plot Date: 7' RIGHT—OF—WAY DEDICATION Plot Time: 10:37 pm LOCATED IN THE sty71/4 OF SECTION 11 T2S, R1 W, W.M., CITY OF TIGARD, WASHINGTON COUNTY COUNTY, OREGON REGISTERED ROFESSIO Bearing Table AND41 / �oR ,, No. Bearing Distance �� ��v��� L1 S 89°16'30" W 249.99' JULY 14EG 1978 L2 N 89°16'30" E 272.70' G •Y w. HICKMAN ,s78 7.00'a0 RENEWAL DATE: 06/30/05 o L3 S OO°O7 21 W DATE OF SIGNATURE: 03 /Z/D. • (NI Li .. Curve Table Q d No. Radius Delta Length Chord Bearing Chord Distance Cl 40.00' 34°24'41 " 24.02' N 73°31 '09" W 23.66' _.cL . 35.0' .4_, SOUTHWEST CHURCH OF CHRIST Co C) BOOK 993-PAGE 887 V MD . O L2 to I -wir /////////////////moi// /ITArAr //// L1 C1 7' R/W DEDICATION POINT OF BEGINNING (HATCHED AREA) CJI 4, OF o o SSUMMOERF Ei D NO. 9 i i S.W. DURHAM ROAD (C.R. 249) N.,- 0......O=..... O ,,,- i i W m m .-.- - CP cn MININI IIMIIIIININ MINIM