2009-082572
Tro~c..l Washington County, Oregon
~d`•Q.,L.'M0.`(1 091111200912:33:01 PM 2009-082572
1Fo sow/y / I-16Li D-IRUL Cnta1 8tn-29 RECORD81
~~JJL-0, i DS QAo o~ 9-10 3S $20.00 $5.00 $11.00 - Total = $35.00
INDIVIDUAL or CO PORATE 1111111111 111111111
01407527200900825720040041
I, Richard Hobemicht, Director of Assessment and
Taxation and Ex-Ofrlclo County Clerk for Washington s
File No•--~~! County, Oregon, do hereby certify that the within
Instrument of writing was received and recorded In the
book of records of sold cou 11
k
Space above re Richard Hobemlcht, Director of Assessment and
Taxation, Ex-Offlclo County Clerk
RIGHT-OF-WAY AGREEMENT/ ENCROACHMENT (REVOCABLE
PERMIT)
THIS AGREEMENTis entered into onS2Q}eXaUn 1 , 2009, between the CITY OF
TIGARD (the "City") and -TfE. Sc1y¢.°stw.2 L-L-C. ("Property Owner").
RECITALS
A. Property Owner owns the property located at 9385 SW Locust Street, Tigard, Oregon
97223, more particularly described as L o-~ 3 g~ oCK " C t;
L, ~h rr n PcLt-e_.S Tea c-* , in the
City of Tigard, Washington County, Oregon (the "underlying property").
B. Applicant has recently constructed a building, a portion of which encroaches a few
inches into the City's right-of-way along the southwestern edge of Property Owner's
property (the "encroachment"). See attached exhibit A
C. The City believes that the encroachment may be maintained in place without
significantly interfering with the use of the right-of-way, and is willing to allow the
encroachment to remain, subject to removal only if needed to allow the City to use the
right-of-way.
D. The City therefore agrees to permit the encroachment to remain in place, subject to the
City's right to revoke that permission.
TERMS OF AGREEMENT
Property Owner, on behalf of Property Owner and all future owners of the underlying
property, agrees:
1. To forego any and all claims that Property Owner might have at any time against the
City arising from work performed in the right-of-way due to the encroachment in the
right-of-way, including, but not limited to, damage to or removal of the encroachment;
2. To reimburse the City for all repair or installation expense that exceeds the expense that
would have been incurred if there had not been an encroachment;
3. The City may determine, in its sole discretion, the materials, means, and methods to be
used in performing work within the right-of-way. Expenses for work within the right-
of-way are deemed reasonable when based upon competitive bids obtained by the City
or upon the written opinion of costs by an independent registered engineer selected by
the City; and
4. On demand of the City, to remove the encroachment, or such part of it as needed to
allow the City to exercise full use of its right-of-way. If Property Owner does not
remove the encroachment as directed by the City, the City may remove the
encroachment at Property Owner's expense; and
5. To reimburse the City for the total repair expense if the repair work is necessitated by
damage caused by the encroachment. The cause of damage shall be established by the
written opinion of an independent registered engineer selected by the City.
In the event that the City determines that continued occupation of the right-of-way by the
encroachment is inconsistent with the City's right to use the right-of-way, the City may revoke
this agreement. Any such revocation shall be communicated to Property Owner or successor
in interest at least 30 days in advance, unless an emergency situation does not allow the full
notice period.
It is covenanted and agreed between the parties hereto that all the covenants and agreements
above expressed shall be held to run with and bind the property described herein, and shall
extend to and include their heirs, assigns, devisees, lessees, and holders of any kind of and
under Property Owner. This paragraph does not limit the City's unilateral right to terminate
this agreement as provided above.
This agreement allows the encroachment as built to remain, but does not allow any expansion
of the encroachment wid-Lin the right-of-way. If the City undertakes any work that requires
removal of the encroachment, the City will allow the encroachment to be reconstructed
without expansion, if consistent with continued operation of the City's facilities in or use of the
right-of-way. All rights and privileges granted herein by the City shall terminate upon the non-
conformance to the plot plan or discontinuance of such use.
i
~ s
WITNESS our hand this o~. day of
Property Ow er's Signature Property Owner's Signature
` 3Ms SkJ Loc,.~S~ S'~c2e~ 'P'0 fox 11Su
Property Address Mailing Address (if different)
T1 oss
STATE OF OREGON)
) ss.
County of Washington)
. i C ~
This instrument was acknowledged before me on q by:
OFFICIAL SEAL` ` n
VICKI GILLESPIE
NOTARY CO M SSION NO 43382REGON Notary's Signature
MY COMMISSION EXPIRES DEC. 8, 2012
My Commission Expires:
In accordance with Section 15.16 of the City of Tigard Municipal Coc~-
City of Tigard
13125 S.W. Hall Blvd. City Ma ger
Tigard OR 97223
STATE OF OREGON)
) ss.
County of Washington)
This unstrument was acknowledged before me on T m 13 E_121 (date)
by: 0 Pz A I U P(z0 ~ 12 C~'7 VVH\J/kGU ~ (name of person(s)).
OFFIt iAL SEAL Notar s Signature
J BENGTSON
NQY^.RY F"_!''L!C -OREGON My Commission Expires: L- 27 2-o fI
00.; NO.413772
MY COMMISSION f , ,:_:y APR. 27, 2011
X H L -L A QUA SURTER OF SECTION 3 A 70 METE 1 SOUTH
MERIDIA ANN
RANGE 1 NEST OF THE BLOCK C LEHM
FOUND s/ e" IR w/YPc
MARKED "REPPET f0 R-6 BEING A PORTION OF LOT 3,
ACRE TRACT NpSHINGTON COUNTY OREGON
ORTH CITY OF T1GARd,
NARRATIVE' Y SURVEY AND
, OF THAI
95.15 R-6) THE PURPOSE OF THIS SURVEY 15 TO CORRECTL
MARK WITH PROPER MONUMENTS THE NN P,,PARA,,N FOR A OCC 9550 TRACT OF LAND NTY GEED RECORDS IN N0. 2008-042012.
5N 30595
m WASHINGTON COU
I "'S SURVEY IS
THE BASIS OF BEARINGS FOR "'S SURVEY IS
STREET Op CONDOMINIUM PLA.
:ALE: 1"-50' °
5. CORAL HE SUSJECS PROPERTY WAS OETERMMED B1'
THE EAST LINE S WITH SAID WE' LINE'
HOLDING YHE WEST LINE OF PARTln Oh PLAT 2000-01 LEL NE 'r agt_E DISTANCE. THEARNORTH LNE 00 H S
OF SN
(R-10)ANO GOING WESTERLY' P AL
BEARING RECORD (DEED)
LINE
THE CENTERLINE OF S.W LOCUST 3STREET549 (R-WAS 3).
PROPERTY WAS DETERMINED BY HOLDING THE SOUTH LINE LINE TH 30595 (R-I). BY 30.00 FEET
N00'37'05'W l 2
LENGTH 'S0'E DETERMINED BY HOLDING MONUMENTS SE yAY L PROPERTY
61.54 INE AND BY
LI N89'18
LINE WA S THEN OFFSET AT RIGHT ANGLES rHT NOO'37'05'V THIS THE SUBJECT
3.00
10 T 0.00 FEEYNALONG NNETFRONTAGE pFOF
35 69 ADDITIONAL RIGHT OF WAY
ND0'37'05"W 4
o L3 18.69
TO DETERMINE THE 50A0 FEE43H4S
W ' L4 48.64 N00'37 '05'W TAKEN IN DOCUMENT 2005-
+ LS
IR W/YPC LEGEND
FOUND 5/Cg SW-L PLS
1,~C MARKED MONUMENT FOUND AS 4NQlCATEO INSCRIBED
" x 30" IRON ROD' ON
_ f0uN0 5/ 8 IR W 737" R-9 5/8"
BASIS OF 8` 571.25 O 'KURAHASHI & ASSOC. INC. ON 04I"~09
MARKED "HERTEL" R-7 ARINGSO'-W 0 0 SET
589'2740 W 190ME" o FOUND
189 98 R 5 k MEAS r FND
~f 95.35' 285.78' R-1 & o `r W/ WTH
PLASTIC CAP
95.19' ti
R 8 ~ YPD YELLOW
94.75' 95,15 R B RON PIPE
FOUND 3/ 4" IP O.U. 95.55' g MEAS Q IP
Rt RUN ROD
/ SURVEY NUMBER WASHINGTON COUNTY SURVEY RECORD
HELD 190.30 R- (J) L s I
o Q SN
r^~ (RLI} DENOTES RECORD DATA PER SURVEY
ED PER
IR- W/YPC V AS DESIGNAT NUMBER
FCUND 5/ 8., No tn
_ R!W RIGHT-OF-WAY
MARKED 'W.B• WELLS & O UNKNOWN
m
ASSOC INC" R-5 m a, 385 SW. •w RPC IGIN
all . l G.u. pR
BRICK VENEER AND NCRETE
o o , o LOCUST S? FOUND 5/ 8" IR
CENTER LINE
rn FOOTING ENC F WAY 47 FED MARKED " N59'19'51, E
INTO RIGHT 0 CONCEPTS" R-10 NO'aO'09"W
c (5.61 INCHES). - - 208.31' 30.00'
262.52
FOUND 5/ a' m O.U.
N89'19'51"E N89'19_'S1"E~
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' 13.6: DEDLCAT~ _
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A~DDITIOL RQV'-_ -r
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- - 30.OOy&W_ LO l~S~ III-S 841"
100 ADDITIONAL RJW g" IR W/ALUM
PER 2005-143864 FOUND 5/ RA} HELD EFOR-
CAP MARKED "LS 1841"
30.00' CENTERUNE LOCUST ST
R_3 HELD FOR
.
LOCUST ST
CENTERUNE,
SURVEY REFERENCES'.
RL SN 30595
R2 SO 20161
R3 SN 23549
R4 LEHMANN ACRE IRACT
RS SN 28858 RF66TEREO
R6 SN 30135 pROFE5%NAL i1T
R7 SN 27995 LANG 5URVEYOR i l l
Rs SN 2849 K AHA
R9 SN 21781 / <)-fie rj ASSOCIATES CO
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