2016-061108 d-y0
Washington County,Oregon 2016-061108
08/03/2016 02:11:58 PM
D-E Cnt=1 Stn=22 I REED
• $20.00$5.00$11.00$20.00-Total=$56.00
/ RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT, I 11111111111 1 11111 I 111 11111141 III
CITY OF TIGARD
13125 SW Hall Blvd. 02187509201600611080040049
Tigard,OR 97223 I,Richard Hobernlcht,Director of A mint and
Taxation and Ex-Officio County Clark for Washington
e l A County,Oregon,do hereby certify that the within
INDIVIDUAL instrument of writing was received a d re6orded In the'` "'err 1�1'
book of records of said cou,J
y) Richard Hobernlcht,Director of Assessment entl
1 Taxation,Ex-Officio County Clerk
File No.
ENCROACHMENT AGREEMENT Space above reserved for Washington County Recording Information
THIS AGREEMENT entered into this (' day of PI KM , 200L, between the CITY
OF TIGARD(hereafter"City")and /4sre.. C-O L L L (hereafter"Owners").
WITNESSETH:
That the City,its successors and assigns,hereby grants,bargains,sells,and conveys unto the said Owners and
their assigns, the right, power, and authority to lay down, construct, and perpetually maintain a building on
that certain foundation corresponding to the plot plan attached hereto, encroaching on the easement held by
the City, said easement being located at /3 5/0 si" A.Sh A-ve. I joc•rcl, O (L99123 over the
following described property: U
3 EXA-111317 "A
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from work
performed in gaining access to and repairing the sewer lines due to the encroachment on the
easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage caused
by the easement encroachment;
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when based
upon competitive bids obtained by the City or upon the written opinion of costs by an independent
registered engineer selected by the City. The cause of damage in subparagraph 3 above shall be
established by the written opinion of an independent registered engineer selected by the City.
CAUHi5UCt911rAppDaIa LocaNN.Tos it1Woodowmiem rwa''Immo FiloAfo lux.QpIt1NWNN4YBTIEnaoac'b,u,I AQ/I l I•Cup.dal n Page 1 of 2
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It is covenanted and agreed between the parties hereto that all the covenants and agreements above expressed
shall be held to run with and bind the property described herein,and shall extend to and include their heirs,
assigns,devisees,lessees,and holders of any kind of and under Owners.
It is further covenanted and agreed between the parties hereto, their heirs and assigns, that this agreement
shall continue only so long as the foundation is constructed in conformance to the plot plan and maintained in
that location. All rights and privileges granted herein by the City shall terminate upon the non-conformance
to the plot plan or discontinuance of such use. A
WITNESS our hand this lS day of MAV( ► 201 V
R SPCA L,.5 LLQ
Name of Corporation Title
?(100 `su'8.elwee. oK 4;46 #AIS
Address Mailing Address(if different)
#w ,1 / 0 2 9 ?co s--
STATE
'STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before me on WMa,VGl4 16-1 2.01L' (date) by:
yVVI --? Gy (name of person(s)).
" . .. OFFICIAL STAMP
�: r TERRI LYNN SEARING I,I,�,,,�
•
v. ,1 ,, NOTAPY PUBLIC-OREGON YLAAAA1-
COMMISSION NO.925812 r; Notary's Signature
<,.. MY COMiMISStoN EXPIRES MARCH 10,2018 j
My Commission Expires: 5-(0-is
City of Tigard (-444a--t.?"- S__L
13125 S.W. Hall Blvd. City Manager
Tigard,OR 97223
STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before me on -114.4 G k 17 a 0 /C (date) by:
---/A -64•07 L(%ti (name(s)of person(s))as Z j 2/M1-/4(.,c- -(type
of authority, e.g., officer) of //'pi/ rd ,&1( 2 co name of party on behalf of whom instrument
was executed). c/
I OFFICIAL STAMP ��/� /�
ti...7"/';.: c' C 6
CAROL ANN KRAGER
,i1/ NOTARY PUBLIC - OREGONNotary's Signature
COMMISSION NO. 924954
MY COMMISSION EXPIRES FEBRUARY 10.2018 My Commission Expires: e Z ,/4 a O
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EXHIBIT "A"
LEGAL DESCRIPTION
ENCROACHMENT AGREEMENT
A tract of land situated in the southwest one-quarter of Section 2,Township 2 South, Range I West
of the Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of Lot
25, "FREWING'S ORCHARD TRACTS", Washington County Plat Records, and being more
particularly described as follows:
Commencing at a found 1" iron pipe in the pavement point also being at the centerline
intersection of S.W. Ash Avenue and S.W. Frewing Street;thence along the centerline of S.W.
Ash Avenue, South 38°23'30" West,a distance of 231.00 feet;thence leaving said centerline
South 30°18'55" West,a distance of 31.13 feet to a found 5/8"iron rod with yellow plastic cap
stamped"Andy Paris&Assoc. Inc."; thence N 38°23'30" East parallel with and 29.00 feet
southeasterly when measured at right angles to said centerline,a distance of 3.87 feet to the
TRUE POINT OF BEGINNING;thence continuing North 38°23'30" West,a distance of 34.85
feet;thence South 55°54'19" West,a distance of 33.24 feet;thence South 34°05'41" East, a
distance of 10.49 feet to the TRUE POINT OF BEGINNING.
Containing 174 square feet,more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JANUARY 15,1987
HAROLD P. SALO
2264
ANDY PARIS&ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
16057 BOO+VES FERRY ROAD
LAKE OSN EGO.OR. 97035
WWW.ANDYPARIS.C'Ob1
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r EXHIBIT B
ENCROACHMENT AGREEMENT
BEING A PORTION OF LOT 25, "FREWING'S ORCHARD TRACTS"
IN THE SW 1/4 SECTION 2, T.2S., R1W., W.M.
CITY OF TIGARD,
WASHINGTON COUNTY,
OREGON
NE'LY CORNER LOT 25
"FREWING'S ORCHARD TRACTS"
1" I.P. IN PAVEMENT� •
DOWN 0.3'
/ j \..,,j,
Jc \ ��
�4
ry
J.v
.* t'9.
,50
0
/ c' EXISTING
EXISTING
BUILDING
WALL
i
Cb 'N� EASEMENT
0
s•'�, ti" �"�� 174 SQ. FT..
7" REGISTERED
PROFESSIONAL ^)
LAND SURVEYOR Qo 'o �tilPARCEL 2
i
,,l`p.
PARTITION PLAT
/l Pc `z PLAT NO. 2016-
ORE •N 0^ POINT OF
JANUARY 15, 1987 BEGINNING
HAROLD P. SALO
2264
EXPIRES: JUNE 30, 2016
ANDY PARIS AND ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
16057 BOONES FERRY ROAD — 5/8" IRON ROD WITH
LAKE OSWEGO, OREGON 97035 YELLOW PLASTIC CAP PROJECT: 14051
PH: 503-636-3341 STAMPED "ANDY PARIS DRAWING 14051EXB.DWG
www.andyparis.com & ASSOC., INC." DRAFTED: MPC 06/08/16
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