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2009-064920 ~ Wall Street ~ Hall Boulevard Washington County, Oregon 2009-064920 0711812009 09:45:39 AM D-IRE'S Cnt=1 Stn=7 K GRUNEWALD $30.00 $5,00 $11.00 - Total = S46A0 After recording return to E 01387634200900649200060061 CITY OF TIGARD i, Richard Hobernicht, Director of nment , nd A•',-=ry`*: CITY RE, CO T-yE Taxation rea% io County Cou Clerk c vyaahinnton 1 i l'M 1 1 1R.LJ.L1'ti County, 'Orgo ] do Lerrby - °tify th,., the Y4Ithin 13125 d instrument ofwralmil . is rec -red and recorded in 1 ll SW Hall book of records of ..aid caur} y ~ TIGARD, OR 97223 Richard Hobernicht, Director of Aaaossmont and Taxation, Ex-Officto County Clerk WETLAND MITIGATION SITE DEED RESTRICTION THIS DECLARATION is made this t day of 1 t [ 1. 2t~0 , by CITY OF TIGARD, OREGON C Declarant"). RECITALS A. WHEREAS, Declarant is the owner of one tract of real property located in the City of Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this reference incorporated herein and referred to as the "Property", with a graphic depiction of the Property set forth in Exhibit "B" attached; and L. WHER ~,S, Declarant has constructed certain wetland improvements located on the I"roperty to be maintained in accordance with the Permit approved by tine Oregon Department of State Lands ("Department"), which wetlands are dcscribed in Exhibit "C" and graphically depicted in Exhibit "D" attached. NOW, THEREFORE, the Declatant declares that, subject to all existing covenants and encumbrances, the Property shall be field, transferred, sold, conveyed and occupied subject to the covenants and restrictions set forth in this Declaration. ARTICLE 1 DEFINITIONS 1.1 "Declaration" shall mean the restrictions and all other provisions set forth in this Wetland and Titigation Site Deed Restriction. 1.2 "Declarant" shall mean and refer to City of Tigard, Oregon. 13 "Permit" shall mean the final document approved by the Department for wetland mitigation relating to the Wetlands Area which sets forth the terms and conditions of construction, operation and long-term management of the Wetlands Area... 1.4 "Property" shall mean and refer to the real property subject to this Declaration. 1.5 "Wetland Area" shall mean that portion of the Property designated as wetlands in, and subject to, the Permit as described in Exhibits "C" and "D" attached. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 The Property that is subject to the terms of this Declaration is located in the City of Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached and incorporated herein. ARTICLE 3 OWNERSHIP OF PROPERTY 3.1 Declarant currently owns and maintains the Property. ARTICLE 4 USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES 4.1 The Wetlands Area of the Property shall be used and managed for wetland mitigation purposes in accordance with the Permit. Declarant and all users of the Property are subject to the following covenants and restrictions of record affecting the Wethinds Areas of the Property: 4.1.1 There shall be no removal, destruction, cutting, uimming, mowing, alteration or spraying with biocides of an vegetation in the Wetlands Area, except for the purpose of invasive species control, nor any disturbance or change in the natural habitat of the Property; 4.1.2 There shall be no agricultural, commercial, or industrial activity undertaken or allowed in the Wetlands Area; 4.1.3 Signs shall be installed on the Property adjacent to the Wetlands Area requesting no entry into the Wetlands Area. 4.1.4 There shall beno filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock minerals or other materials, not any dumping of ashes, trash, garbage, or of any other material, and no changing of the topography of the land of the Wetlands Area in any manner, except in accordance with state and federal wetland permitting requirements. 4.1.5 There shall be no construction or placing of buildings, mobile homes, advertising signs, billboards, or other advertising material, or other structures in the Wetlands Area. ARTICLE RESOLUTION OF DOCUMENT CONFLICTS 5.1 In the event of any conflict between this Declaration and the Permit, the permit shall control. IN WITNI SS WHEREOF, the undersigned being Declarant laerei~-i, has executed this instrument this / day of 32009. i City of Tigard Approved by Tigard City Council: By: city I - --fiager STATE. OF OREGON } } ss: County of 4"ic. /L?=1 This instrument was acknowledged before e on , by Craig Prosser as City Manager of the City of Tigard, Ore-on. OFFICIAL SEAL CA rRER[NE LiiAy Signature of Notarial Officer ~v NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO, 419237 MY COMMISSION EXPIRES AU 4,2011 EXHIBIT "A" A tract of land in the SE'f4 of the SE 1/4 of Section 2, Township 2 South, Range one West, of the Willamette Meridian, Washington County, City of Tigard, Washington County, Oregon, said tract more particularly described as follows: All of Lot 1 Edgewood and the easterly portion of Lot 2 Edgewood owned by the City of Tigard. 1 LOT 1 EDGEWOOD W SW WAL_ ST, ANNO POINTE CONDOMINIUM ~ ,~j / G'S ~ C7 ~ ~!/1 C~ MITIGATION RESLR%~ A4EA GIB I LOT 2 EDGruCOD 3571 p SQ, FT, i~ 3 O CAPITAL CONSTRUCTION AND ll~ IT e® 4r TRANSPORTATION DIVISION B I FIGUftE ~,~~HRE 09EGON 9722.E WALL STREET W TLAND s c. n3 Sa9-4277 ~~yy~~ p ~y~/ ~py1~P( ~{p© FILE NO R 4. Y2r 7'77 ~?f?-0R,G0V `Yt~~~i~AT~ ICI ~~~~fTiY~ AiZ~A EXHIBIT a Cyl Wetland Mitigation Site Deed Restriction A tract of land in the SE 1./a of the SE 1/4 of Section 2, Township 2 South, Range one West, of the Willamette Meridian, Washington County, City of Tigard, Washington County, Oregon, said tract more particularly described as follows: Beginning at the Northeast corner of Fanno Point Condominum Stage 2, Recorded as Document Number 2003201148 of the Washington County Records being on a non-tangent curve to the right; Thence along the northerly line of said Condominium and said curve to the right with a radius of 510.00 feet, a central angle of 2" 28' 03" , (a chord which bears S 78' 27' 51'" W, 21.96 feet) and a length of 21.96 feet; Thence N 18° 11' 12" W, leaving the north line of said Condominium, a distance of 18.81 feet; Thence N 23° 14' 28" W a distance of 5.81 feet; Thence S87° 39' 27" E a distance of 244.59 feet; Thence S 77° 09' 30" E a distance of 54.56 feet; Thence S 87' 39' 27" E a distance of 17.29 feet; Thence S 70° 41' 58" E a distance of 26.83 feet; Thence S 14° 51' 28" a distance of 76.00 feet; Thence S 20° 02' 10" W a distance of 26.01 feet; Thence N 85° 19' 13" W a distance of 249.37 feet to the easterly line of Fanno Point Condorninum. Stage 2; Thence N 13° 13' 37" E, along said easterly line, a distance of 29.36 feet; Thence N 33° 04'26" W, along said easterly line, a distance of 73.82 feet to the point of beginning; f ALSO INCLUDING x Beginning at the Northeast corner of Fanno Point Condominum Stage 2, Recorded as Document Number 2003201148 of the Washington County Records being on a non-tangent curve to the right; Thence along the northerly line of said Condominium and said curve to the right with a radius of j 510.00 feet, a central angle of 2° 28' 03", (a chard which bears S 78° 2T 51" W, 21.96 feet) and a length of 21.96 feet; Thence N 18' 11'12" W, leaving the north lire of said, Condominium, .1 distance of 18.81 feet; Thence 23° 14'28" W a distance of 27.71 feet; TO THE TRUE POINT OF BEGINNING, Thence N 23° 14'28" a distance of 8.73 feet to a point of curve of a curve to the left; Thence along said curve to the left with a radius of 491.00 feet, a central angle of 10° 46' 51" (a chord which bears N 68° 08'49" E, 92.25 feet) and a length of 92.39 feet; Thence S 55° 03' 25" E a distance of 48.16 feet; Thence S 87 01' 48" E a distance of 43.50 feet; Thence S 70° 41' 58" E a distance of 66.01 feet; Thence N 87° 39' 27" W a distance of 227.59 feet to the true point of beginning. Containing a total of 35700 square feet more or less 1 i E LOT 1 EDGEWOOD I W WALL T= ANNO P'OINTE CONDOMINIUM C ~ a 0 ~ C~ 0 { 0 MITIGATION RESERVE AREA 0 LOT C EDGEWOOD 35700 SQ. ET, D C~ C~ C CAPIT^,LCON' TRUCTICVAND NCH 1~' 111)" TRANSPORTATION DIVISION FIGURE =t r ; L .D. WALL TEES VII , nr RD,=Cnt1 97323 WALL i 6zT-',~ MITIGATION RESERVE AREA ILENO ~a~v_r~c o~.roa