2010-024661 ~ 7060 W Beveland Road Washington County,Oregon 2010-024661
04101/2010 03:13:14 PM G
D•IRUL Cntra1 Stn=8 C MCKINNEY
$15.00$5.00$11.00$15.00-Total c$48.00
1111
1114
AFTER RECORDING -:
RETURN TO: 01468468201000246810030038
Christopher P.Koback I,Richard Hobernicht,Director of Assessment and •
Taxation and Ex-Officlo County Clerk for Washington
Davis Wright Tremaine County,Oregon,do hereby certify that the within
Instrument of writing was received and recorded in the ea.FtC.,l' d:
1300 SW 5thAve.,Suite 2300 book of records or sold cou 0 ��"�'•'~'
Portland,OR 97201 Richard Hobemicht,Director of Assessment and tl ,'
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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use for.=theilife-of-the-current members f-LanfamUL-C:_RandyJ ichardson-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: , ,
Randy ' .chardson
By.
�c ob Simonyi
STATE OF OREGON )
) ss.
COUNTY OF MULTNOMAH . )
On this I 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-WFTNESS WEEREOF,Ihate_hereunto set my hand and official seal the day and year
first above written.
�.�T',.+�.t OFFICIAL SEAL 11� a ��
��?. TERISA J. SEAL `�
,-,, NOTARY PUBLIC-OREGON NO - 'Y PUBLI 'R"and for the State%f Oregon,
-s COMMISSION NO.434620 My appointment expires I 1 - 3v - 12.._
MY COMMISSION EXPIRES NOVEMBER 30,2012
STATE OF OREGON )
) ss.
COUNTY OF MULTNOMAH )
On this I0 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. c__ __i,c_At_4( aut.,,L_
� NOTARY PUBLIC ' d for the State of on
s, t, OFFICIAL SEAL gon,
T TERISA J. LUNDY My appointment expires II -30 - t 2_
';1 ,• NOTARY PUBLIC-OREGON
10 , COMMISSION NO 434620
MY COMMISSION EXPIRES NOVEMBER 30.2012
3 .
DWT 13401771v2 0087695-000001