2018-070840 ~ 7060 W Beveland Road Washington County,Oregon 2018-070840
• 10/15/2018 01:45:46 PM
Stn=16
Stn16 M LOPEZ
AFTER RECORDING RETURN TO: $30.00$11.00$5.00$60.00 $106.00
CITY HALL RECORDS I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
City of Tigard Officio County Clerk for Washington County,Oregon,do hereby
f certify that the within instrument of writing was received and
13125 SW Hall Blvd recorded in the book of records of said county.
Tigard OR 97223 Richard Hobernicht, Director of
Assessment and Taxation, Ex-Officio
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
(NO CHANGE)
This space is reserved for recorder's use.
TERMINATION of RESTRICTIVE COVENANT VC i4--
T Termination of Restrictive Covenant ("Termination") is made effective �i • ! '���
's
14
, 2018 ("Effective Date") by and between Lanfarm LLC ("Grantor") and C. City of
Tigard, anre on municipal corporation ("City") Grantor and Cityare collectively referred to as
the "Parties." '
RECITALS
A. Grantor and City entered into a restrictive covenant on February 10, 2010
("Covenant"). The Covenant is attached and incorporated as Exhibit A.
B. As a result of the City changing the zoning of the encumbered property, the use
on the property now is allowed as of right—as opposed to a legal, nonconforming status—and
the Covenant is therefore no longer applicable and should be terminated.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
described in this Termination and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the Parties agree as follows:
1. Easement Termination; Release. Grantor and City agree that the Covenant is
terminated. Grantor releases to City any rights it acquired under the Covenant and City
releases its rights under the Covenant.
2, Choice of Law. This Termination shall be governed by and construed in
accordance with the laws of the State of Oregon.
3. Duration. Unless otherwise canceled or terminated, and except as otherwise
provided herein, all of the rights granted in this Termination shall be perpetual.
4. Binding Effect; Run with the Land. This Termination shall run with the land
and shall inure to the benefit of and shall be binding on Grantor and Grantee and their
respective heirs, representatives, administrators, lessees, successors and assigns.
rfVFNANT TFRMINATIf1N Pane 1 of 1
5. Headings. The headings herein are inserted only as a matter of convenience
and for reference and in no way define, limit or describe the scope or intent of this document nor
in any way affect the terms and provisions hereof.
6. Counterpart Signatures. This Termination may be executed in counterparts,
which taken together shall constitute a fully executed agreement.
7. Recording. This Termination or any other document contemplated in this
Termination may be recorded by either party. The party submitting the document for recording
shall pay the recording fee.
By their signatures below, Grantor and Grantee execute this Termination as of the
Effective Date.
GRANTOR CITY
Lanfarm LLC City of Tigard, an Oregon municipal
corporation
By: By:L/446Y- ir
Name: a46�T- <!-:`�.�> y Name: I"t(�Y 44.01/4 - tit)wt.
t.
Its: dk//'\ � / ,-- Its: (-All MatIctc)e.�--
[Acknowledgements Follow on Next Page]
rll\/FNANT TFRMINATInN Pana 9 of'�
STATE OF 0 tom,r r\— )
'"J ) ss.
County of (�1/�;S)ii 4j ivy
This instrument was acknowledged before me on d Gev- %/ , 2018, by
rnvnyr
e d be{t -- syr- 2� el ell M ierof Lanfarm LLC.
C. OFFICIAL STAMP /� /��
.F r I
rr'-+x CAROL ANN KRAGER
,'" NOTARY PUBLIC OREGON � �
COMMISSION NO.975701 NOT RY PUBLIC FOR «[ ."
MY EOMIvlie§1ON WIPE§ti1:04k 18,2022 My Commission Expires: 9/4 n c v 1 8 a-2
STATE OF OREGON )
ss.
County of Washington )
This instrument was acknowledged before me on 0 c G P V i I , 2018, by
`Mari 7 L.1Q;✓1 e as C,#1 194a netierof City of Tigard.
0,••.•4,‘,,..t,, OFFICIAL STAMP ' ''° //6 (4 g
' ` NO ARY PUBLIC FOR ORE ON6 —
r� �•�, CAROL ANN KRAGER
'"' NOTARY PUBLIC-OREGON
COMMISSION NO.975701 My Commission Expires: QTl �, ?0 Z
MY COMMIS ISN_XPIRE JUNE 1;' ` -' {/
('.ClVFNANT TFRMINATIC(N Pana 1 of
Washington County,Oregon 2010.024661
04/01/2010 03:13:14 PM
Exhibit A D-IRUL Cnt=1 9tn=8 C MCKINNEY
$15.00$5.00$11.00$15.00•Total=$48.00
101 I r
AF-TER RECORDING ..
RETURN TO: 01468466201000246810030038
Christopher P.Koback I,Richard Hobernicht,Director of Assessment end —
Taxation and Ex-Officio County Clerk for Washington =
...
Davis Wright Tremaine County,Oregon,do hereby certify that the within
5th Instrument or Writing was received and recorded in the 5 + ."j"q
1300 SW Ave.,Suite 2300 book of records of said cou t y� e f
Portland,OR 97201 gwr�n� a
Richard Hobemicht,Director of Assessment end
Taxation,Ex-Officio County Clerk
RESTRICTIVE COVENANT
Property Burdened by 7060 SW Beveland Road
Covenant/Restriction: Tigard, Oregon
Owners: Lanfarm LLC
RECITALS:
1. Lanfarm LLC owns the real property located at 7060 SW Beveland Road,
Tigard, Oregon, and legally described as Beveland, Lot 8,plus part of vacated street,
Washington County, Oregon(the"Property").
2. Lanfarm LLC acquired the Property in 1999 and since that time has used it
as a commercial business known as"Tech Heads."
3. In 2008,the City of Tigard(the"City")initiated an enforcement
proceeding against Lanfarm LLC alleging that its commercial use of the Property was
unauthorized and a violation of the City Development Code.
4. Lanfarm LLC disputed the City's allegations and alleged that it was
engaging in the lawful continuation of a previously allowed nonconforming use. The City
asserts that Lanfarm LLC altered the prior use,thus no longer qualifying as a legally existing
nonconforming use. •
5. Pursuant to mediation between the parties on July 24,2009, Lanfarm LLC
and the City entered into a formal Settlement Agreement and Mutual Release in August 2009,
resolving their disagreement. Pursuant to that agreement, Lanfarm LLC is required to disclose to
the City the current use of the Property in a written Disclosure of Non-Conforming Use.
Lanfarm LLC is permitted to continue its current use of the Property as a legal nonconforming
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-L... uselorthe-life-of the-currentmembers-of-L-anfamLLLC•-Rend chardson-and Bob Simonyi -
provided that if the current owners sell the Property or cease conducting the current business,the
nonconforming use status expires. Lanfarm LLC agreed to record this restrictive covenant
against the Property memorializing the limitations on the continued nonconforming use.
RESTRICTION
Lanfarm LLC hereby acknowledges that the legal nonconforming status for the
Property,as agreed to in the Settlement Agreement and Mutual Release, shall terminate upon the
occurrence of any one of the following:
• Upon modification to the current on-site use or any aspect thereof
disclosed in the"Disclosure of Nonconforming Use,"on file with the City
of Tigard; or
• upon cessation of the Tech Heads, Inc. business and/or cessation of
involvement by both current owners,Randy Richardson and Bob Simonyi;
or
• Upon the sale or transfer of the.Property or any portion thereof or any
possessory interest therein,to any other party.
This Restriction is for the benefit of the City of Tigard and shall be perpetual,
shall be a real covenant or equitable servitude, shall run with the land,and be binding upon any
successor in interest or assign. No provision of this Restriction shall be deemed waived unless
such waiver is in writing signed by the waiving party.
OWNERS: LAN • LLC
By: , , ., 7
Randy ' 'chardson
By•
ob Simonyi
STATE OF OREGON )
) ss.
COUNTY OF MULTNOMAH . )
On this 1 0 day of February, 2010, before me,a Notary Public in and for the State of
Oregon,personally appeared RANDY RICHARDSON,personally known to me (or proved to
me on the basis of satisfactory evidence)to be the person who executed this instrument,on oath
stated that HE was authorized to execute the instrument, and acknowledged it as a MEMBER of
LANFARM LLC to be the free and voluntary act and deed of said limited liability company for
the uses and purposes mentioned in the instrument.
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IN-WI_TNESS_W RE_OF,i havehereunto set my hand and official seal the day and year
first above written. /
try
' OFFICIAL SEAL a /.4
TERISA J. LUNDY ANOTARY PUBLIC-OREGON NO Y PUBLI 'r"and for the State %f Oregon,
Myappointment COMMISSION NO.434620intment ex ires I -
( v - ►Z
.�� pp P �
MY COMMISSION EXPIRES NOVEMBER 30.2012
STATE OF OREGON )
) ss.
COUNTY OF MULTNOMAH )
On this 10 day of February,2010,before me, a Notary Public in and for the
State of Oregon,personally appeared BOB SIMONYI,personally known to me(or proved to me
on the basis of satisfactory evidence)to be the person who executed this instrument, on oath
stated that HE was authorized to execute the instrument, and acknowledged it as a MEMBER of
LANFARM LLC to be the free and voluntary act and deed of said limited liability company for
the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
piLut../L_
NOTARY PUBLIC ' d for the State ofon
�+ �� OFFICIAL SEAL g '
�, TERISA J. LUNDY My appointment expires II -3U - t 2—
NOTARY
--NOTARY PUBLIC-OREGON
les - COMMISSION NO.434620
MY COMMISSION EXPIRES NOVEMBER 30 2012
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