2018-026325 ~ SW Johnson Street ~ Derry Dell Sanitary and Enhancement Project Washington County,Oregon 2018-026325
D-wB 04/16/2018 03:23:14 PM
Stn=19 C DEMMER
$40.00$10.00$11.00$5.00$20.00 $86.00
RECORDING RETURN TO: City of Tigard I,Richard n Hobernicht,,Director of County,
Assessment and Taxation, o and Ex-
AFTERManager Officio County Clerk for Washington County,Oregon,do hereby
Attn: City certify that the within instrument of writing was received and
recorded in the book of records of said county.
City Hall Richard Hobernicht,Director of
13125 SWC' Hall Blvd Assessment and Taxation, Ex-Officio
Tigard OR 97223
DECLARATION OF COVENANTS AND RESTRICTIONS and
ACCESS EASEMENT
FOR THE
{Derry Dell Sanitary and Stream Enhancement Project}
THIS DECLARATION made this rat' day of Cy ri r ,20 g
by the City of Tigard,("Declarant").
RECITALS
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1. WHEREAS,Declarant is the owner of the real property described in Exhibit"A"
attached hereto and by this reference incorporated herein as the"Property",and has designated
the Property as a compensatory mitigation site in accordance with the Removal-Fill Permit
Number 54047-RF approved by the Oregon Department of State Lands("Department");
2. WHEREAS,Declarant desires and intends to provide for the perpetual protection and
conservation of the wetland and/or waterway functions and values of the Property and for the
management of the Property and improvements thereon,and to this end desires to subject the
Property to the covenants,restrictions,easements and other encumbrances hereinafter set forth,
each and all of which is and are for the benefit of the Property;
3. WHEREAS,the Department has accepted the mitigation plan for the Property under,
ORS 196.800 et seq.
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ARTICLE I
DEFINITIONS
1.1 "Declaration"shall mean the covenants,restrictions,access easement, and all
other provisions set forth in the Declaration of Covenants and Restrictions.
1.2 "Declarant"shall mean and refer to the City of Tigard, its successors or
assigns.
1.3 "Removal fill permit" shall mean the final document approved by the
Department that formally establishes the mitigation site and stipulates the terms and conditions
of its construction,operation and long-term management.
1.4 "Property"shall mean and refer to all real property subject to this Declaration,
as more particularly set forth in Exhibit"A" .
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be held, transferred, sold,conveyed and occupied
subject to this Declaration is located in Washington County, Oregon and is more particularly
described in Exhibit"A".
ARTICLE 3
DECLARANT REPRESENTATIONS
Declarant represents and warrants that after reasonable investigation, and to the best of its
knowledge that no hazardous materials or contaminants are present that conflict with the
conservation purposes intended;the Property is in compliance with all federal state, and local
laws, regulations, and permits and there is no pending litigation affecting, involving, or relating
to the Property that would conflict with the intended conservation use. Declarant affirms that the
Property is free and clear of any and all liens, claims, restrictions, easements and encumbrances,
that would interfere with the ability to protect and conserve the Property.
ARTICLE 4
GENERAL DECLARATION
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Declarant, in order to discharge in part its obligations under the Removal-Fill Permit
declares that the Property shall be held,transferred,sold,conveyed and occupied subject to the
covenants,restrictions, easements and other encumbrances hereinafter set forth in this
Declaration,in order that it shall remain substantially in its restored, enhanced,preserved,open
and natural condition, in perpetuity. The terms and conditions of this Declaration of Covenants
and Restrictions shall be both implicitly and explicitly included in any subsequent transfer,
conveyance,or encumbrance affecting all or any part of the Property. These restrictions cannot
be released nor modified unless authorized in writing by the Department. Any amendments shall
be signed by the Department and shall be recorded in the official records of the county in which
the Property is located.
ARTICLE 5
USE RESTRICTIONS,MANAGEMENT RESPONSIBILITIES,
AND RESERVED RIGHTS
Declarant and all users of the Property are subject to any and all easements, covenants
and restrictions of record affecting the Property.
A. USE RESTRICTIONS. Except as necessary to conduct,remediate or maintain the
mitigation site consistent with the permit, the actions encompassed as prohibited by this covenant
shall include:
1. There shall be no removal, destruction,cutting,trimming,mowing, alteration or
spraying with biocides of any native vegetation in the Property,nor any disturbance
or change in the natural habitat of the Property unless it is consistent with the
approved permit and promotes the mitigation goals and objectives established for
site. Hazard trees that pose a specific threat to existing structures including fences or
pedestrian trails may be felled and left on site. Dry grass only may be mowed after
July 1 to abate fire hazard.
2. There shall be no agricultural, commercial, or industrial activity undertaken or
allowed in the Property; nor shall any right of passage across or upon the Property be
allowed or granted if that right of passage is used in conjunction with agricultural,
commercial or industrial activity.
3. No domestic animals shall be allowed to graze or dwell on the Property.
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4. There shall be no filling, excavating, dredging,mining or drilling;no removal of
topsoil, sand, gravel, rock minerals or other materials,nor any storage nor dumping of
ashes, trash,garbage,or of any other material, and no changing of the topography of
the land of the Property in any manner once the wetlands are constructed unless
approved in writing by the Department.
5. There shall be no construction or placing of buildings,mobile homes, advertising
signs,billboards or other advertising material,vehicles or other structures on the
Property.
6. There shall be no legal or de facto division, subdivision or partitioning of the
protected Property.
7. Use of motorized off-road vehicles is prohibited except on existing roadways.
B. MANAGEMENT RESPONSIBILITIES. Declarant will take action to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the mitigation
purposes of the Property or that are otherwise inconsistent with this Declaration.
C. RESERVED RIGHTS. Declarant reserve all other rights accruing from its ownership
of the Property including but not limited to the exclusive possession of the Property,the right to
transfer or assign their interest in the same,the right to take action necessary to prevent erosion
on the Property,to protect the Property from losing its wetland or waterway functions and
values, or to protect public health or safety; and the right to use the Property in any manner not
prohibited by this Declaration and which would not defeat or diminish the conservation purpose
of this Declaration.
The Declarant reserves the right to access and maintain the vegetation within the mitigation site
consistent with the goals stated in the compensatory mitigation plan,to the extent that the
reserved rights are consistent with the purposes enumerated in the permit.
ARTICLE 6
EASEMENT(RIGHT OF ENTRY)
Declarant grants to the Department an easement and right of entry on the Property for the
purpose of physically accessing the Property at all reasonable times to inspect the Property in
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order to monitor and to ascertain whether there has been compliance with this Declaration and
the Removal-Fill Permit. In the event that the mitigation site lacks access via a public road or
other common area, Declarant grants to the Department an easement over and across any other
property of Declarant, if any, the use of which is necessary to access the Property.
ARTICLE 7
GENERAL PROVISIONS
A. NOTICE. The Department shall be provided with a 60-day advance written notice of
any legal action concerning this covenant,or of any action to extinguish,void or modify this
covenant, in whole or in part. The restrictive covenant is intended to survive foreclosure, tax
sales,bankruptcy proceedings, zoning changes, adverse possession, abandonment, condemnation
and similar doctrines or judgments affecting the Property. A copy of this recorded document
shall accompany said notice.
B. VALIDITY. If any provision of this Declaration,or the application thereof to any
person or circumstance, is found to be invalid,the remainder of the provisions of this
Declaration,or the application of such provisions to persons or circumstances other than those as
to which it is found to be invalid, as the case may be, shall not be affected thereby.
IN WITNESS WHEREOF,the undersigned being Declarant herein,has executed
this instrument this la+- day of &IQ-trr / , 20 l 8' •
City of Tigard
Washington County,Oregon
By: -Q,
Title: Cfil MA eot i' '
STATE OF OREGON )
ss:
County of Washington )
This instrument was acknowledged before me on apri lc 020 l C (date)by
6
I1'1 e -+ha L u.J i lie (tl-ti filar tg)2r as City of Tigard,Washington County,
Oregon
OFFICIAL STAMP
NE
+T w' NOTARY PUSLICR8OREGON Si afore of�$tarial Officer zozl
`AMYC COMMISSION NO.958991 My Commission Expires: 60.11,41 1
MY COMMISSION EXPIRES FEBRUARY 12,2021
GRANTEE: The State of Oregon, Department of State Lands, approves Declarant's
conveyance of an easement in favor of the Department.
By: vi41.01,66,1 g r7 1141 41d
Title: A-4,vet Pc. SGurGe CDo rei►hpdko'r
Date: 12.-! ZO/
Attachments:
Exhibit A,legal description and labeled map of subject Property
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A Exhibit "A" - Derry Dell Mitigation Project (ODSL #54047-RF)
N Declaration of Covenants & Restrictions
Tigard, Oregon CleanWab2r4Services
NTS Page 1 of 2 Our commitment is clear.
Declaration of Covenants and Restrictions
Tax Lot 700,2S 102BB
Washington County, OR
June 19,2017
Project No. 6496
EXHIBIT "A"
Page 2 of 2
A Tract of land being a portion of Lot 1,NORTH TIGARDVILLE ADDITION. Amended Plat,
excepting that portion conveyed to Joseph Yocum, et ux,by deed recorded June 23, 1945, in
Book 245 Page 227, Deed Records, Washington County, Oregon, being described as follows:
Point of Beginning, 5/8" found iron rod and being the southeast corner of Lot 1,NORTH
TIGARDVILLE ADDITION;
Thence,North 01° 36' 2.14" East, 617.29 feet to the True Point of Beginning;
Thence,North 01° 47' 53.68" East, 378.17 feet;
Thence, South 64° 19' 53.94" West, 11.81 feet;
Thence, South 72° 23' 34.31" West, 54.68 feet;
Thence, South 77° 17' 48.98" West, 77.45 feet;
Thence,North 53° 00' 56.11" West, 54.98 feet;
Thence, South 01° 36' 13.08" West, 400.19 feet;
Thence,North 86° 43' 42.93" East, 43.50 feet;
Thence,North 56° 39' 18.67" East, 34.14 feet;
Thence,North 86° 39' 19.24" East, 109.80 feet to the True Point of Beginning;
Containing 66,540 square feet, more or less.