2005-138314 ~ Wash'--,ton County,Oregon 2005-138314
11/05 09:38:34 AM
D. 1167' Cnt=1 Stn=13 I CASTILLO
$15.00$6.00$11.00-Total=$32.00
00860786200501383140030036
I,Jerry Hanson,Director of Assessment and Taxation
After recording return t0: and Ex-Officio County Clerk for Washington County,
Oregon,do hereby certify that the withinInstrument of r rrreee
writing was recalved and recorded In the book of
RETURN RECORDED DOCUMENT TO: records of said county.
roti.
Jerry R.Hanson,Director ament and Taxation,
Records Department Ex-Offlclo County Clerk
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
TREE PROTECTION COVENANT
dkM
THIS TREE PROTECTION COVENANT ("Covenant") is made and given this f q day of eA_
2005, by OT2 LLC, an Oregon limited liability company ("Declarant"), to and for the
be
of the City of Tigard, Oregon ("City").
RECITALS:
A. Declarant is the owner of the real property described in Exhibit A attached hereto and by
reference incorporated herein ("Property").
B. Declarant has preserved or retained trees over and across portions of the Property in
accordance with the City's conditions of approval authorizing the development of the Property as a multi-
family housing complex (the "Conditions of Approval").
C. Declarant grants this Covenant to the City for the purpose of complying with the
Conditions of Approval.
NOW, THEREFORE, based on the foregoing Recitals and in conformance with the Conditions of
Approval, Declarant hereby subjects the Property to the following conditions:
1. Declarant hereby agrees that it and its successors and assigns will maintain the trees on the
Property in accordance with the Conditions of Approval, subject to the rights of removal under Sections 2
and 3 below.
2. If Declarant reasonably determines that trees have died or are hazardous and such
determination is confirmed by a certified arborist, Declarant may remove such dead or hazardous trees.
3. Declarant may apply to the City for permission to remove trees that are not dead or
hazardous, as described in Section 2, and Declarant shall have the right to remove any such trees upon the
approval of the City.
Page 1 of 3 —TREE PROTECTION COVENANT
2005-138314
lit13l1111
4. This Covenant shall terminate and be of no further force and effect if and when all of the
trees preserved with this Covenant have been removed in accordance with Section 2 or Section 3 hereof.
5. This Covenant is made and given by Declarant to the City subject to all matters of record
existing as of the date of the recording of this Covenant.
IN WITNESS WHEREOF, Declarant has granted and issued this Covenant as of the date set forth
above.
OT2 LLC, an Oregon limited liability company
By:
Paul H. Labby, Authorized Si
By: C��6KZ�
Ric and . Oss uthorize i er
STATE OF OREGON )
ss.
County of Multnomah )
The foregoing instrument was acknowledged before me this 14 day of 1eL, ,
2005, by Paul H. Labby as an authorized signer of OT2 LLC, an Oregon limited liability company, on
behalf of the limited liability company.
OFFICIAL SEAL I f
VIRGINIA WINEBARGER
NOTARY PUBLIC-OREGON
COMMISSION NO.374371 Notar} lic for Oregon
n
MY COMMISSION EXPIRES NOV 3,2007 Print Name: VIA01,1JIACL
My commission expires _
STATE OF OREGON )
ss.
County of Multnomah )
The foregoing instrument was acknowledged before me this�day of ,
2005, by Richard B. Ossey as an authorized signer of OT2 LLC, an Oregon limited liability company, on
behalf of the limited liability company.
OFFICIAL SEAL d�n�'Qia_ /I L Jq 0 Jyl
VIRGINIA WINESARGER Notar3jublic
!for Oregon / _
NOTARY PUBLIC-OREGON Print Name: y (/'KQ_ W/A QXX c G�a
COMMISSION NO.374371
MY COMMISSION EXPIRES NOV 3,2007 My commission expires
Page 2 of 3 —TREE PROTECTION COVENANT
111111
38314
EXHIBIT A
The East one-half of Lots 26 and 27, WILLOW-BROOK-FARM,
in the City of Tigard, County of Washington and State of Oregon.
TOGETHER WITH a portion of the West one-half of Lot 26,
WILLOW-BROOK-FARM, in the City of Tigard, County of
Washington and State of Oregon, being described as follows:
Beginning at the Northeast corner of the West one-half of said Lot
26, from which an iron pipe is set 20 feet South; thence South
89025' West 115.45 feet; thence South parallel with the Eastern
boundary of said West one-half (at 20 feet an iron pipe is set at
roadside) 377.2 feet to an iron pipe on South boundary of said Lot;
thence East 115.45 feet to the Southeast corner of said West one-
half of Lot 26; thence North 377.45 feet to the point of beginning.
EXCEPTING THEREFROM the North 45 feet conveyed to the
City of Tigard, Oregon, a Municipal corporation by Deed recorded
August 10, 1990 as Recorder's Fee No. 90-43283, Records of
Washington County.
Exhibit A to Tree Protection Covenant