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2018-031674 ~ SW Lemongrass Lane and SW Bloomfield Avenue Washington County,Oregon 2018-031674 D-E 05107!2018 02:49:01 PM Stn=7 C LOUCKS 7SC) S20.00 S5.00 S11.00$5.00$20.00$20.00 $81.00 This instrument filed for record by LEX! Fidelity National Title as an accommodation I,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby only..�iti has not been reexamined as oto its certify that the within instrument of writing was received and execution or as to its effect upon the title. recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation, Ex-Officio After recording,return to: City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 ENCROACHMENT EASEMENT AGREEMENT City of Tigard, an Oregon municipal corporation (the"City"), hereby grants to River Terrace East Homeowners Association, an Oregon nonprofit corporation (the "Association"), for itself and for the benefit of Lots 198 through 207, inclusive, of River Terrace East, City of Tigard, Washington County, Oregon, according to the plat thereof recorded in the official records of Washington County,Oregon on April 12, 2017 as Document No. 2017-029193 (collectively, the "Lots"), an easement to permit the encroachment of the allan block retaining walls located on the Lots (the "Retaining Walls") into the adjoining public rights-of-way along SW Lemongrass Lane and SW Bloomfield Avenue (the "Easement") on the terms and conditions set forth herein. 1. Scope and Purpose of Easement. The Easement permits the encroachment of the Retaining Walls up to six (6) inches into the public rights-of-way adjoining the Lots (the "Easement Area")to allow for the continued existence of the Retaining Walls and authorizes the use of such other portions of the adjoining public rights-of-way as is reasonable necessary for the maintenance and repair of the Retaining Walls. 2. Maintenance Obligations. The Association represents, warrants and covenants to the City that as long as the Retaining Walls encroach into the adjoining public rights-of-way,the Association, in its capacity as the homeowners association for the River Terrace East planned community in which the Lots are located, shall be responsible for the maintenance, repair and replacement of the Retaining Walls and that the Association shall, at all times and at its sole cost and expense: (a) keep and maintain the Retaining Walls in good condition and repair and free from hazards;(b)keep the Easement Area free of all liens arising from any maintenance or repair work performed on the Retaining Walls by or at the direction of the Association and promptly pay all of its contractors and suppliers working on or providing materials for use in the maintenance or repair of the Retaining Walls; and (c) comply with all applicable laws pertaining to the existence, maintenance and repair of the Retaining Walls. 3. Utility Access. If reasonably requested by a utility licensed or franchised by the City ("Utility"), the Association will remove any portion of the Retaining Walls located in the Easement Area as is necessary to allow the Utility to access its facilities for repair, reconstruction, or replacement of its facilities. Such removal will trigger Section 4 below. 4. Termination. The Easement shall automatically terminate and be of no further force or effect at such time that the Retaining Walls are removed or are damaged beyond repair and require replacement. If, at any time, the Retaining Walls are replaced, then the replacement thereof shall be constructed entirely on the Lots and shall not encroach onto any portion of the adjoining public rights- of-way. Upon the removal or replacement of a portion of the Retaining Walls then the Easement shall only terminate with respect to that portion of the Retaining Walls removed or replaced. {00782536;4} 1 0-7sAcc This instrument filed for record by LEX/ Fidelity National Title as an accommodation only. It has not been examined as to its execution or as to its effect upon the title. After recording, return to: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 ENCROACHMENT EASEMENT AGREEMENT City of Tigard, an Oregon municipal corporation (the "City"), hereby grants to River Terrace East Homeowners Association, an Oregon nonprofit corporation (the "Association"), for itself and for the benefit of Lots 198 through 207, inclusive, of River Terrace East, City of Tigard, Washington County, Oregon, according to the plat thereof recorded in the official records of Washington County, Oregon on April 12, 2017 as Document No. 2017-029193 (collectively, the "Lots"), an easement to permit the encroachment of the allan block retaining walls located on the Lots (the "Retaining Walls") into the adjoining public rights-of-way along SW Lemongrass Lane and SW Bloomfield Avenue (the "Easement") on the terms and conditions set forth herein. 1. Scope and Purpose of Easement. The Easement permits the encroachment of the Retaining Walls up to six (6) inches into the public rights-of-way adjoining the Lots (the "Easement Area") to allow for the continued existence of the Retaining Walls and authorizes the use of such other portions of the adjoining public rights-of-way as is reasonable necessary for the maintenance and repair of the Retaining Walls. 2. Maintenance Obligations. The Association represents, warrants and covenants to the City that as long as the Retaining Walls encroach into the adjoining public rights-of-way, the Association, in its capacity as the homeowners association for the River Terrace East planned community in which the Lots are located, shall be responsible for the maintenance, repair and replacement of the Retaining Walls and that the Association shall, at all times and at its sole cost and expense: (a) keep and maintain the Retaining Walls in good condition and repair and free from hazards; (b) keep the Easement Area free of all liens arising from any maintenance or repair work performed on the Retaining Walls by or at the direction of the Association and promptly pay all of its contractors and suppliers working on or providing materials for use in the maintenance or repair of the Retaining Walls; and (c) comply with all applicable laws pertaining to the existence, maintenance and repair of the Retaining Walls. 3. Utility Access. If reasonably requested by a utility licensed or franchised by the City ("Utility"), the Association will remove any portion of the Retaining Walls located in the Easement Area as is necessary to allow the Utility to access its facilities for repair, reconstruction, or replacement of its facilities. Such removal will trigger Section 4 below. 4. Termination. The Easement shall automatically terminate and be of no further force or effect at such time that the Retaining Walls are removed or are damaged beyond repair and require replacement. If, at any time, the Retaining Walls are replaced, then the replacement thereof shall be constructed entirely on the Lots and shall not encroach onto any portion of the adjoining public rights- of-way. Upon the removal or replacement of a portion of the Retaining Walls then the Easement shall only terminate with respect to that portion of the Retaining Walls removed or replaced. {00782536;4} 1 5. Indemnification. The Association shall indemnify, defend and hold the City and its officers, agents and employees harmless from all liabilities, causes of action, claims or judgments (including without limitation reasonable attorneys' fees) resulting from injury of any person or physical damage to property to the extent such injury or physical damage arises out of the existence of the Retaining Walls in the public rights-of-way or the Association's failure to comply with its obligations under this instrument. The foregoing indemnity shall not apply to any liabilities, causes of action, claims or judgments resulting, in whole or in part, from the wrongful or intentional acts or omissions of the City or any of its officers, agents or employees. 6. Easement Runs with Land; Binding Effect. The Easement shall run with and burden the public rights-of-way adjoining the Lots for the benefit of the Association and the Lots. The obligations of the Association set forth herein shall be binding on the Association and any unincorporated association that automatically succeeds to the rights, powers and obligations of the Association pursuant to ORS 94.626 if the Association is inadvertently or deliberately dissolved. 7. Amendments. Except as otherwise provided in Section 4 above, this instrument may not be modified, amended, rescinded or terminated except by a written instrument executed by the City and the Association and recorded in the official records of Washington County, Oregon. 8. Counterparts. This Agreement may be executed in multiple counterparts, all of which when taken together, shall constitute one and the same instrument. [Remainder of Page Intentionally Left Blank; Signature Page Follows] {00782536;4} 2 IN WITNESS WHEREOF, the undersigned have executed this instrument as of the date(s) set forth below. CITY: ASSOCIATION: City of Tigard, River Terrace East Homeowners Association, an Oregon municipal corporation an Oregon nonprofit corporation By: 0V V • Name: (Ari evin Pahl Title: C% 4n-oe President Dated: 5 - Dated: `1/7,/g APPROVED AS TO FORM: k / P Name: Title: [Acknowledgments on Following Page(s)] {00782536;4} 3 STATE OF 0 ) ' , r ) ss. County of Wt��VAt %A-) The foregoing instrument was ackn wledged before me on i , 2018 by Lo'('k as h E\ ( v\ee r of the City of Tigard, an Oregon municipal corporation, for and on behalf of said mucipal corporation. s} ,^ OFFICIAL STAMP GLORIA NALLELY PINZON MARIN � � /1. NOTARY PUBUC-OREGON Notary Public for �1 ©f (� -,> COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 My Commission Expires: 10 -(7 -20Z-1 STATE OF \O1ShW1UP') ) ) ss. County of G0,1✓\L The foregoing instrument was acknowledged before me on 1()\-11/1\ Z71Th , 2018 by Kevin Pahl as President of River Terrace East Homeowners Association, an Oregon nonprofit corporation,for and on behalf of said nonprofit corporation. 7 n,g,.r- Notary Public for tNQShinytlY) Notary Public My Commission Expires: r. 1 1 2,311-04) State of Washington NICHOUE l THORPE My Commission Expires May 23,2020 {00782536;4} 4