Fanno Pointe Condominiums ~ AGREEMENT BETWEEN CITY OF TIGARD AND
FANNO POINTE CONDOMINIUM OWNERS' ASSOCIATION
This agreement is between the Fanno Pointe Condominium Owners' Association, an Oregon
Corporation(FPCA) and the City of Tigard, a municipal corporation (City).
Recitals
A. FPCA owns property located at the southeast corner of Hall and Wall Streets in the City(the
Property).
B. The City is developing a new alignment of Wall Street adjacent to the Property. In
connection with these actions, the City will be providing mitigation for wetlands impacts,
as required by the permit issued by the Oregon Department of State Lands. The street,
wetland mitigation, and related improvements and activities are collectively referred to as
the "Project."
C. The City is obtaining a permit to mitigate wetlands located on the Property.
D. The parties wish to continue their cooperative efforts to improve wetlands located on the
property and to otherwise cooperate regarding matters arising out of the proximity of the
Property to City right-of-way and other City property.
Terms of Agreement
1. FPCA shall sign a Declaration of Covenants and Restrictions for the Property in the form of
the attached Exhibit 1.
2. City shall pay FPCA $6,500 for material, construction and other necessary costs for the
installation of a chain link fence on the Property along the westerly boundary of the
pedestrian and bicycle easement on the property,as shown in Exhibit E to Exhibit 1. FPCA
shall be responsible for maintenance of the fence at its own expense. Payment shall be made
within 60 days of execution of this Agreement. The fence shall be constructed within 1 year
of the completion of the Wall Street construction project. In the event that the cost of
construction of the fence is less than $6,500.00, FPCA shall use the excess funds for
maintenance of its Property.
3. The City shall maintain the culvert being installed as part of the Project.
4. The City shall construct the Project in accord with the approved plans for the Project and in
accord with Permit requirements. Part of the project to be constructed by the City is to
remove the current access from FPCA's property to Hall Boulevard, and replace it with
I\
curbing,a planter strip, and sidewalk consistent with the existing curbing,planter strip,and
sidewalk on both sides of the current access. The City will not close the current access until
the new access off Wall Street is available. The City will comply with all requirements
imposed by the Permit including those relating to replacement of vegetation. FPCA does not
have any responsibilities under the Permit, but has only the general maintenance
responsibilities as to its Property that any property owner has.
5. The City shall maintain the walking trail being developed as part of the Project.
FANNO POINTE)CONDOMINIUM THE CITY OF TIGARD, an Oregon
OWNERS',ASS,QCIATION, an Oregon municipal corporation
Corpor"ton
By:
By- � Name:
-Na e: Title: C� Ji`y�e�uldt
Title:' &;Itj J—
EXHIBIT 1
After recording return to:
CITV OF TIGARD
ATTN: CITY RECORDER
13125 SW HALL BLVD
TIGARD, OR 97223
DECLARATION OF COVENANTS AND RESTRICTIONS
f=/f=T
THIS DECLARATION is made this _day o �
2006, by Fanno Pointe Condominiums Owners' Ass ciation, an Oregon corporation, ("Declarant").
RECITALS
A. WHEREAS, Declarant is the owner of one tract of real property located in the City of
Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this
reference incorporated herein and referred to as the "Property", with a graphic depiction of the
Property set forth in Exhibit "B" attached; and
h
B. WHEREAS, the City of Tigard ("Tigard") intends to construct, maintain, repair and
reconstruct certain roadway and path improvements and utilities, adjacent to the Property (the
"Project"); and
C. WHEREAS, Declarant desires to assure that the Project is constructed, maintained,
repaired and reconstructed in a manner in conformity with preservation and mitigation of wetlands
located on the Property to be maintained in accordance with the Permit approved by the Oregon
Department of State Lands ("Department"), which wetlands are described in Exhibit "C" and
graphically depicted in Exhibit "D" attached; and
D. WHEREAS, in order to accomplish the purposes described above, Declarant desires to
provide for the preservation and enhancement of the wetland values of the Property and for the
maintenance and 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.
NOW, THEREFORE, the Declarant declares that, subject to all existing covenants and
encumbrances, the Property shall be held, transferred, sold, conveyed and occupied subject to the
covenants and restrictions set forth in this Declaration.
CADocuments and SettingsWe\Local Settings\Tenn ffanno Pointe Covs&Restrictions 5(040406)DOC
ARTICLE 1
DEFINITIONS
1.1 "Declaration" shall mean the covenants, restrictions, and all other provisions set
forth in this Declaration of Covenants and Restrictions.
1.2 "Declarant" shall mean and refer to Fanno Pointe Condominiums Owners'
Association, an Oregon nonprofit corporation, and its successors or assigns in ownership of the
Property or any portion thereof,
1.3 "Permit" shall mean the final document approved by the Department for
wetland mitigation relating to the Wetlands Area which sets forth the teens and conditions
of construction, operation and long-term management of the Wetlands Area.
1.4 "Property" shall mean and refer to the real property subject to this Declaration.
1.5 "Wetlands Area" shall mean that portion of the Property designated as wetlands in,
and subject to, the Permit as described in Exhibits "C" and "D" attached.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
2.1 The Property that is subject to the terms of this Declaration is located in the City of
Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached
and incorporated herein.
ARTICLE 3
OWNERSHIP OF PROPERTY
3.1 Declarant currently owns and manages the Property.
ARTICLE 4
USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES
4.1 The Wetlands Area of the Property shall be used and managed for wetland mitigation
purposes in accordance with the Permit. Declarant and all users of the Property are subject the
following covenants and restrictions of record affecting the Wetlands Areas of the Property:
4.1.1 There shall be no removal, destruction, cutting, trimming, mowing,
alteration or spraying with biocides of any vegetation in the Wetlands Area, except for the
purpose of invasive species control, nor any disturbance or change in the natural habitat of the
Property;
CADocuments and Settings\Me\Local Settings\Ternffanno Pointe Covs&Restrictions 5(040406).DOC
4.1.2 There shall be no agricultural, commercial, or industrial activity
undertaken or allowed in Wetlands Area;
4.1.3 Signs shall be installed on the Property adjacent to the Wetlands Area
requesting no entry into the Wetlands Area.
4.1.4 There shall be no filling, excavating, dredging, mining or drilling, removal
of topsoil, sand, gravel, rock minerals or other materials, nor any dumping of ashes, trash,
garbage, or of any other material, and no changing of the topography of the land of the Wetlands
Area in any manner, except in accordance with state and federal wetland permitting
requirements.
4.1.5 There shall be no construction or placing of buildings, mobile homes,
advertising signs, billboards, or other advertising material, or other structures in the Wetlands
Area.
ARTICLE 5
CONSIDERATION
5.1 In consideration for the agreement of Declarant to impose on the property the
covenants contained herein, Tigard has agreed to pay for the construction by Declarant of a
chain link fence on the Property to be maintained by Declarant, in accordance with plans,
specifications and costs mutually acceptable to the parties, along the westerly boundary of an
existing pedestrian and bicycle easement on the Property as generally described in Exhibit "E"
attached hereto.
ARTICLE 6
RESOLUTION OF DOCUMENT CONFLICTS
6.1 In the event of any conflict between this Declaration and the Permit, the
permit shall control.
IN WITNESS WHEREOF, the undersigned being Declarant herein, has
executed this instrument this4'� day of�cii[rr= , 2006
Fanno Pointe Condominiums Owners' Association, an
Oregon corporation
Title�'
(Notary Acknowledgment on following page)
G.1 Rea l_Estate\Tigard\Wall Street ExtensionTanno Pointe Covs&Restrictions 5(040406)DOC
STATE OF OREGON )
ss:
County of ►.t tc n f rl )
This in trument was acknowledged before me on _ LL rw -200(0 by as
f-n01Dt4tTn
of Fanno Pointe
Y,.h cw- Condominiums
Owners' Asso tion.
OMCI&SEAL Si ature of Not ri fficer
MACIE D BRIGHTMAN g 1
i NOTARYPul3UC.OREGON My Commission Expires: m nolo
COMMISSION NO.404305
MY C0MMISSION EXPIRES MARCH 30,2010
EXHIBIT A
Description of parent tract for Wetland Mitigation Site Deed Restriction-Area No.l
A tract of land situated within the boundaries of Fanno Pointe Condominiums
Located in the Southeast one-quarter of Section 2 and the Southwest one-quarter of
Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard,
Washington County, State of Oregon;thence following said boundaries depicted on the
Plat of Fanno Pointe Condominiums recorded in Washington County Document No.
2003178861 as follows:
Beginning at the Initial Point of Fanno Pointe Condominiums thence North 87°40'08"
West 435.90' feet; thence North 00°29'37"East 118.65 feet; thence North 00°19'29"East
156.55 feet to the point of curve of a 10.00 foot radius curve right; thence northeasterly
16.06 feet along the arc of said curve through a central angle of 92°01'04" (the long
chord bears North 46°20'01"East 14.39 feet; thence South 87°39'27"East 219.56 feet;
thence South 13°13'37"West 67.12 feet; Thence South 77°03'30"West 105.56 feet;
thence South 12°56'30"East 97.40 feet;thence South 87°40'06"East 29.88 feet; thence
North 75°14'57"East 125.95 feet; thence North 58°13'37"East 35.70 feet; thence South
76°46'23"East 107.66 feet; thence South 13°13'37"West 52.10 feet; thence South
16°45'32"East 88.02 feet to the Initial Point.
Expires 12/31/04
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
AUGUST 22,1975
ROGER W. MORELAND
1033
629 Parent Fanno.doc
January 14, 2005
HXHIBI T "S ,.
PARENT TRACT FOR WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1
Located within the SE 1/4 of Section 2, and the SW 1/4 of
Section 1, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon
o
=
CITY OF T/GARD / N /
8' PUE
Lot 1 Edgewood / / 8' PUELl
o
"
POB _ N IVER
45 0� j ,, � �` / LOT 2,NE REDGEW00D
19.79 � Vie• /
S 00,19:29, N 87739 27" w - 846.68 / S 02'52'0 1` W
i
29.72
S 87739'35" E Fie/ds to public
20.01 S 87739'27" E-219.
/=92'01'04
R=10.00
L=16.06
* + +
LC=14.39 W * +
CB=N 46-20101- E a, ****** * ' FANNO PO/NTE
_N
+ +
CONDOM/N/UMS
+ ++ + 105.530• W STAGE 2
o cn S 77'p3
�^ 35.70 CITY OF T/GARD
N 58'13'37" E N h�
.3► `� 29.88 co
(� o S 87-40'06" E -o
Z FANNO PO/NTE CONDOMINIUMS N^'
N 87740'08" W-435.90 m
E:LAND
es 121,31106
Initial Point of REGISTERED
Fanno Pointe ROFESSIONAL 100 50 0 100
Prepared by. Condominiums plot SURVEYOR
DEHAAS Bc G fG, % ✓�J SCALE.' 1=100'
ASSOCIA TES, INC. ;
SUITE 300 - A.G.C. CENTER OREGON
9450 S W. COMMERCE CIRCLE Prepared for.- AUGUST 22, 1975 02.629.118
WILSONVILLE, OREGON 97070 The CITY of T/GARD ROGER W. MORELAND 629-REST-FAN-B.DWG
PHONE. (503) 682-2450 1033 01/17/05
EXHIBIT C
Wetland Mitigation Site Deed Restriction—Area No. 1
A tract of land located in Lot 2, "BDGEWOOD"in the S.E. 1/4 of the S.E. 1/4 of Section
2, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County,
State of Oregon, said tract is more particularly described as follows:
Beginning at a 5/8 inch iron rod with yellow plastic cap marked"DEHAAS ASSOC.
INC."monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision which
plat is recorded in Washington County Plat Book 2 Page 73; thence North 87°39'27"
West 653.82 feet to a point on the South line of said Lot 1, said point also being on the
most northerly line of that tract of land described in Dedication Deed recorded in
Washington County Document 2003-137807, thence South 02°20'33 West 55.00 feet to
a point on the most northerly boundary line of FANNO POINTE CONDOMINIUMS
which plat is recorded in Washington County Document No. 2003178861 and the TRUE
POINT OF BEGINNING; thence South 87°39'27"East a distance of 58.97 feet; thence
South 13°13'37"West 6.67 feet; thence South 55°36'04"West 8.47 feet;thence South
70°52'53"West 35.99 feet; thence South 40°20'22"West 35.12 feet; thence South
52°12'46"West 50.21 feet; Thence South 61°12'43"West 73.62 feet; thence South
73°59'54"West 36.83 feet; thence North 04°13'08"West 27.47 feet; thence North
76'39'16"East 20.88 feet; thence North 60°19'52"East 30.47 feet; thence North
21°19'46"East 18.14 feet; thence North41°03'38" East 74.28 feet; thence North
72°54'22"East 30.85 feet to a point on the aforementioned most northerly boundary line
of FANNO POINTE CONDOMINIUMS; thence South 87°39'27" East 16.29 feet to the
TRUE POINT OF BEGINNING and containing 8,628 square feet of land.
Expires 92/31/04
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
AUGUST 22,1975
ROGER W. MORELAND
1033
629 T Fanno
January 14, 2005
t;�XHIHI T D
WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1
Located within the SE 1/4 of SE 1/4 Section 2, Township 2
South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon
LEGEND P08
SOUTHEAST CORNER OF
POB PO/NT OF BEG/NN/NG //
LOT 1, EDGEWOOD
TPOB TRUE PO/NT OF BEG/NN/NG /
• FOUND 5/8" /R/YPC LOT 1 EDGEWOOD
MARKED 'DEHAAS & ASSOC. /V""//R1 653 g2
R/W RIGHT--OF-WAY / 68 i
/ � 8�8•
��-8' PUE
PAIG)31801 3\\o OB
8' PUEpS TO Za03 E
/VJ (PIES pEEpg'2� �'�% Sr39 2 N 13'13 37" E
j Rl pEpIGATIO N 8�3 5 58,97 6.67
N 72'54 22" E — g N 55J6'04" E
30.85 / 16.291 '��9 8.47
no pol 5 8�39 o ^�
F0
,Jbl, Y BOv pN�INI�MS TOTAL SQ FT 8628 a
NoRt%P�INT�
FAN NO ^ O � `�� FANNO PO/NTE
LOT 2 EDGEWOOD 4) � CONDOMINIUMS
C-) STAGE 2
N 21'19 46" E
18.14
N 76'39'16" E
20.88
001 �6ti
0 5
FANNO POINTE
z CONDOMINIUMS
CD
E. fres 12 31 06
REGISTERED
PROFESSIONAL
Prepared by: Prepared for: LAND S U RVEYO R
DEHAAS & The Cl TY of TIGARD 2 PIAN
ASSOCIA TES, INC. �%�;//- »
SUITE 300 — A.G.C. CENTER OREGON Sco%: 1 _-40'
9450 S.W. COMMERCE CIRCLE AUGUST 22, 1975 01/17/05
WILSONVILLE,, OREGON 97070 ROGER W. MORELAND 629—REST—FAN—D.DWG
PHONE: (503) 682-2450 1033 02.629.118
• (�AU EXHIH Wa: n County,Oregon ---- ---
JV - 0512u1cu03 09:15:16 AM 2003-079811
D-DO CtHa1 Stn-21 RECORD81
$15.00$0.00$11.00-Total=$M,00
CRETURN RECORDED DOCUMENT TO:
ITY HALL RECORDS DEPARTMENT, 1111111111111111111111111111111111111111111111
00336995200300798110030032
13125 SW Hall Blvd. 1,Jerry Hanson,Directors(Assessment and Taxation
Tigard,OR 97223 and Ex-Mclo County Clerk rorw■shlnpton county,
g Oregon,do hereby certify that the within Instrument o1 1
wrltlnp was ne IVsd and reeeMedln,Hebook o/
CORPORATION records o/sold county. 1tIP_�nt t
.
Jerry R.Hanson,Olrector essssmeand savTaxstlon,
Ex.Cfllclo County Cled
File No. OZ'����Z — — — — --
DEDICATION DEED
BIKEWAY AND PEDESTRIAN WAY
Fanno Pointe L.L.C.a Washington Limited Liability Company hereinafter called the Grantors,grant and convey
unto the City of Tigard a perpetual easement over,across,and under the land and real property located at a
Portion of Lot 2"Edgewood",City of Tigard,Washington County,Oregon and described in the attached Exhibit
"A"for a bicycle way and pedestrian way,which may be used by pedestrians and non-motorized mechanical
means of transportation,such as bicycles and for no other purposes. The Grantee shall have the right to place,
construct,operate,replace,maintain,inspect,reconstruct,install necessary improvements,and in connection
therewith may remove and trees,shrubs,or brush necessary or convenient to accomplish said purposes.
THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or
includes other property or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title,or interest except those
expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover;
provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement.
IN CONSIDERATION of the premises,Grantee agrees that if said Grantee,its successors or assigns should
cause said easement to be vacated,the right of the Grantee in the above-described easement will be forfeited and
shall immediately revert to the Grantors,their successors,and assigns in the case of such event.
1
TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee,its successors,and
assigns forever.
IN WITNESS WHEREOF,I hereunto set my hand on this 1.0' day of .20_!S-
1
Grantor: — ;P
FANNO POINTE L.L.C.
109 E 13th Street
Vancouver,WA 98660
FANNO POINTE,L.L.C.,a Washington Limited Liability Company
By: PNW CAPITAL,A WASHINGTON L.L.C.,a Washington Limited Liability Company
By: T INOPC.,a Washin on Corporation,it's Manager
id Gutschmidt,195 TV Pof OFINO,INC.,a Washington Corporation
CORPORATE ACKNOWLEDGEMENT =CHRISTMAS
STATE OF OREGON JAMASCounty of W)0 OW670/✓ NOTAGONCOMM06This was acknowledged before me on IZ 20� MY COMMISSION 9,2003
by: David Gutschmidt,f.557- P of Tofino,Inc.,a Washington Corporation,
and the foregoing was signed on behalf of said entity;and he acknowledged said instrument to be his voluntary
act and dee .
Notary Public for Oregon
My commission expires:
Accepted on behalf of the City of Tigard this I9IL day of 2003,
Q
City Engineer
N:\proI\328-011\Wotd\3281 lEstnntBIKEWAY clot
2003-79811
ALPHA ENGINEERING, INC.
EXHIBIT "A"
MAY 16,2003
LEGAL DESCRIPTION JOB NO.328-011
PEDESTRIAN ACCESS EASEMENT
A VARIABLE WIDTH PEDESTRIAN ACCESS EASEMENT LOCATED N A
PORTION OF LOT 2, "EDGEWOOD" N THE SOUTHWEST ONE-QUARTER OF
SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE
MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PONT ON THE SOUTH LINE OF A RIGHT-OF-WAY
DEDICATION TO THE CITY OF TIGARD PER DEED DOCUMENT NO.
WHICH BEARS NORTH 870 39' 27" WEST 463.72 FEET AND
SOUTH 020 20' 33" WEST 42.08 FEET FROM THE NORTHEAST CORNER OF
SAID LOT 2;THENCE LEAVING SAID SOUTH LINE, SOUTH 02° 19' 46" WEST,
15.17 FEET;THENCE SOUTH 76'46'23"EAST,38.98 FEET;THENCE SOUTH 33°
04' 26" EAST, 40.39 FEET; THENCE SOUTH 13° 13' 37" WEST, 115.72 FEET;
THENCE SOUTH 160 46' 32" EAST, 72.40 FEET; THENCE SOUTH 43° 45' 12"
EAST, 21.15 FEET; THENCE SOUTH 66° 37' 02" EAST, 89.90 FEET; THENCE
SOUTH 870 40' 06"EAST, 84.30 FEET; THENCE SOUTH 02° 19' 52"WEST, 13.78
FEET, TO A PONT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE,NORTH 87° 40' 08" WEST, 90.27 FEET; THENCE LEAVING
SAID SOUTH LINE,NORTH 660 37' 02"WEST, 89.17 FEET;THENCE NORTH 43°
45' 12" WEST, 38.95 FEET; THENCE NORTH 16° 46' 32" WEST, 72.80 FEET;
THENCE NORTH 130 13' 37" EAST, 116.86 FEET; THENCE NORTH 11° 52' 58"
WEST, 5.00 FEET THENCE NORTH 33° 04' 26" WEST, 18.06 FEET; THENCE
NORTH 760 46' 23" WEST, 37.57 FEET;THENCE SOUTH 39° 04' 09"WEST, 1.96
FEET;THENCE NORTH 760 46' 23"WEST, 15.56 FEET;THENCE NORTH 390 04'
09" EAST, 11.51 FEET; THENCE NORTH 020 19' 46" EAST, 15.28 FEET, TO A
PONT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY DEDICATION;THENCE
ALONG SAID LINE, ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE,
BEING CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF I-
39' 57", 14.83 FEET(CHORD BEARS NORTH 800 15' 09"EAST, 14.83 FEET),TO
THE POINT OF BEGINNING; CONTAINING APPROXIMATELY 7,682 SQUARE
FEET,OR 0.18 ACRE.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS SURVEY NO. 29,167,
WASHINGTON COUNTY SURVEY RECORDS.
Plaza West-Suite 230.9600 SW Oak•Portland,Oregon 97223
Office 503452-8003•Fax 503452-8043
. � Iflllif111111111l�flll��l
2003-79811 NORTH LINE N 87'39' "
------------------ LOT 2 27 W
----------------- 463.72'
— - --------
PARCEL voi OF 97097055 BOOK 141, PAGE 509 3
------ ___ f
A=1'39'57"--——— o
RIGHT—OF—WAY R=510.00' NN 3 N
DEDICATION TO 83
CB,N80'15'09"E, ��I C) Z °
CITY OF TIGARD 14.83' ba) I— Z 0_:
Wo
NOD 70 z Z z 0
ISN O W o3
0°'h z J L—3\•98' a w
S 76- 123 E s Z w
FANNO POINTE N 76-46,2'
CONDOMINIUMS" - 23 IN 764Lu fo6-
Lj 10(l
ti�
�A,(Dba too. 1
O V y °'' 1
Z
N
LL- 1
D PEDESTRIAN 1v;
o ACCESS EASEMENT -+3
00 1^ M
0 Z l�'
0 1 �!
/2 1
1 1
SCALE:
E 1» = 40' `
�z 1
0 1
1�
0
"FANNO POINTE 10: N�
N CONDOMINIUMS" �N• 1
1s N,
x 1p �
u 1 0
x SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PUBLIC PEDESTRIAN ACCESS EASEMENT
y LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" "'Mi.
IN THE SOUTHWEST ONE—QUARTER OF SECTION 1,
w TOWNSHIP 2 SOUTH, ,RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
a
DRAWN BY: RLM DATE:4/23/03
REVIEWED BY: MRc DATE-4/07/03
-
e
PROJECT NO.: 328-011
ALPHA ENOR EEMNO INC
SCALE- 1" = 40' PIAhNNING.DEVZWPM SERVICES-SURVEYING
m -
N
OFFICE 503-452-8003r•FAK 503-452-8043
PLAZA TBSP-SUM 230µ9800 SM OAK,PORTGND.OR 97223
n
Wash' n County,Oregon 2006.074648
0612. i 10:22:44 AM
D-RIB CM=2 Stn=22 I REED
$55.00$5.00$6.00$11.00•Total=$77.00
After recording return to:
CITY OF TIGARD 00970567200600746460110113
1 ATTN: CITY RECORDER I,Richard Hobemlcht,Director of Assessment and
Taxation and Ex-OHlcio County Clerk for Washington
13125 SW HALL BLVD county,Oregon do hereby certify that thewlthln a
Instrument of wr ting was received and recorded In the
TIGARD, OR 97223 book of records of said
Richard W.Hobemlcht,Director of Assessment and
Taxation,Ex-Officio County Clerk
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION is made this day
2006, by Fanno Pointe Condominiums Owners' Association, an Oregon corporation, ("Declarant").
RECITALS
A. WHEREAS,.Declarant is the owner of one tract of real property located in the City of
Tigard, Washington County, Oregon described in Exhibit "A" attached hereto and by this
reference incorporated herein and referred to as the "Property", with a graphic depiction of the
Property set forth in Exhibit "B" attached; and
B. WHEREAS, the City of Tigard ("Tigard") intends to construct, maintain, repair and
reconstruct certain roadway and path improvements and utilities, adjacent to the Property (the
"Project"); and
C. WHEREAS, Declarant desires to assure that the Project is constructed, maintained,
repaired and reconstructed in a manner in conformity with preservation and mitigation of wetlands
located on the Property to be maintained in accordance with the Permit approved by the Oregon
Department of State Lands ("Department"), which wetlands are described in Exhibit "C" and
graphically depicted in Exhibit "D" attached; and
D. WHEREAS, in order to accomplish the purposes described above, Declarant desires to
provide for the preservation and enhancement of the wetland values of the Property and for the
maintenance and 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.
NOW, THEREFORE, the Declarant declares that, subject to all existing covenants and
encumbrances, the Property shall be held, transferred, sold, conveyed and occupied subject to the
covenants and restrictions set forth in this Declaration.
C\Documents and Settings\Me\Local Settings\Temffanno Pointe Covs&Restrictions 5(040406).DOC
V
ARTICLE 1
DEFINITIONS
1.1 "Declaration" shall mean the covenants, restrictions, and all other provisions set
forth in this Declaration of Covenants and Restrictions.
1.2 "Declarant" shall mean and refer to Fanno Pointe Condominiums Owners'
Association, an Oregon nonprofit corporation, and its successors or assigns in ownership of the
Property or any portion thereof,
1.3 "Permit" shall mean the final document approved by the Department for
wetland mitigation relating to the Wetlands Area which sets forth the teens and conditions
of construction, operation and long-term management of the Wetlands Area.
1.4 "Property" shall mean and refer to the real property subject to this Declaration.
1.5 "Wetlands Area" shall mean that portion of the Property designated as wetlands in,
and subject to, the Permit as described in Exhibits "C" and "D" attached.
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
2.1 The Property that is subject to the terms of this Declaration is located in the City of
Tigard, Washington County, Oregon and is more particularly described in Exhibit "A" attached
and incorporated herein.
ARTICLE 3
OWNERSHIP OF PROPERTY
3.1 Declarant currently owns and manages the Property.
ARTICLE 4
USE RESTRICTIONS AND MANAGEMENT RESPONSIBILITIES
4.1 The Wetlands Area of the Property shall be used and managed for wetland mitigation
purposes in accordance with the Permit. Declarant and all users of the Property are subject the
following covenants and restrictions of record affecting the Wetlands Areas of the Property:
4.1.1 There shall be no removal, destruction, cutting, trimming, mowing,
alteration or spraying with biocides of any vegetation in the Wetlands Area, except for the
purpose of invasive species control, nor any disturbance or change in the natural habitat of the
Property;
C\Documents and SettmgsWe\Local Settings\TempTanno Pointe Covs&Restrictions 5(040406)DOC
4.1.2 There shall be no agricultural, commercial, or industrial activity
undertaken or allowed in Wetlands Area;
4.1.3 Signs shall be installed on the Property adjacent to the Wetlands Area
requesting no entry into the Wetlands Area.
4.1.4 There shall be no filling, excavating, dredging, mining or drilling, removal
of topsoil, sand, gravel, rock minerals or other materials, nor any dumping of ashes, trash,
garbage, or of any other material, and no changing of the topography of the land of the Wetlands
Area in any manner, except in accordance with state and federal wetland permitting
requirements.
4.1.5 There shall be no construction or placing of buildings, mobile homes,
advertising signs, billboards, or other advertising material, or other structures in the Wetlands
Area.
ARTICLE 5
CONSIDERATION
5.1 In consideration for the agreement of Declarant to impose on the property the
covenants contained herein, Tigard has agreed to pay for the construction by Declarant of a
chain link fence on the Property to be maintained by Declarant, in accordance with plans,
specifications and costs mutually acceptable to the parties, along the westerly boundary of an
existing pedestrian and bicycle easement on the Property as generally described in Exhibit "E"
attached hereto.
ARTICLE 6
RESOLUTION OF DOCUMENT CONFLICTS
6.1 In the event of any conflict between this Declaration and the Permit, the
permit shall control.
IN WITNESS WHEREOF, the undersigned being Declarant herein, has
executed this instrument thisN: day of�/,,,��j , 20 y-6
Fanno Pointe Condominiums Owners' Association, an
Oregon'corporation
/
J---
'By:,
'-.By.:
(Notary Acknowledgment on following page)
G 1 Real_Estate\Tigard\Wall Street ExtensionTanno Pointe Covs&Restrictions 5(040406)DOC
STATE OF OREGON )
ss:
County of
This instrument was acknowledged before me on f[AIVL 2006 by
as G'( of Fanno Pointe Condominiums
Owners' Association.
OFFICIAL SEAL
MACIE D BRIGHTMAN Si n ture of No aria icer
NOTARY PUSUC-OREGON g
#my
COMMISSION NO.404305 My Commission Expires:COMMISSION EXPIRES MARCH 30,2010
J
EXHIBTI' A
Description of parent tract for Wetland Mitigation Site Deed Restriction- Area No.l
A tract of land situated within the boundaries of Fanno Pointe Condominiums
Located in the Southeast one-quarter of Section 2 and the Southwest one-quarter of
Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard,
Washington County, State of Oregon; thence following said boundaries depicted on the
Plat of Fanno Pointe Condominiums recorded in Washington County Document No.
2003178861 as follows:
Beginning at the Initial Point of Fanno Pointe Condominiums thence North 87°40'08"
West 435.90' feet; thence North 00°29'37" East 118.65 feet; thence North 00°19'29"East
156.55 feet to the point of curve of a 10.00 foot radius curve right; thence northeasterly
16.06 feet along the arc of said curve through a central angle of 92°01'04" ( the long
chord bears North 46°20'01"East 14.39 feet; thence South 87°39'27"East 219.56 feet;
thence South 13°13'37"West 67.12 feet; Thence South 77°03'30"West 105.56 feet;
thence South 12°56'30"East 97.40 feet; thence South 87°40'06"East 29.88 feet; thence
North 75°14'57"East 125.95 feet; thence North 58°13'37" East 35.70 feet; thence South
76°46'23"East 107.66 feet; thence South 13°13'37" West 52.10 feet; thence South
16°45'32"East 88.02 feet to the Initial Point.
Expires 12131104
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
AUGUST 22,1975
ROGER W. MORELAND
1033
629 Parent Fanno.doc
January 14, 2005
'°
EXH/H/T '°B
PARENT TRACT FOR WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1
Located within the SE 1/4 of Section 2, and the SW 1/4 of
Section 1, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon
Z
CITY OF TIGARD 8' PUE
Lot 1 Edgewood ' / 8' PUE o
N 00'19:29" E /
i •,A'� / NE CORNER
POB
_ 45.60 , � � w�'`� LOT 2, EDGEWOOD
19.79
S 00'19 29" W N 87'39 27" W - 846.68 j S 02'52'0 1" W
29.72
S 87'39'35" E
20.01 S 8 ' Fields to public
7'39 27" E-21 g,,� �
1=92'01'04"—
R=10.00 04"R=10.00 '
L=16.06
LC=14.39 W +
Ce=N 46.20'01" E �, _ `O FANNO POINTE
N �2 CONDOMINIUMS
rn 105.530" W STAGE 2
Q3 LA S 77'03
z
0,:4 S '7, 10,7
62`3" E
3
W O a
W On ^O
= m 35.70 ti^ CITY OF TIGARD
N 58'13'37" E Ln h^
�► N 29.88
Q1
S 8740'06" E
Z-1 FANNO POINTE CONDOMINIUMS NN
N 87'40'08" W-435.90 s
m
E. fres 12 31 06
Initial Point of REGISTERED
Fanno Pointe PROFESSIONAL 100 50 0 100
Prepared by: Condominiums plat LAND SURVEYOR
DEHAAS 8c / �� SCALE.' 1-100'
ASSOCIA TES, INC.
SUITE 300 - A.G.C. CENTER OREGON
9450 S.W. COMMERCE CIRCLE Prepared for., AUGUST 22, 1975 02.629.118
WILSONVILLE, OREGON 97070 The CITY of TIGARD ROGER W. MORELAND 629-REST_FAN-B.DWG
PHONE': (503) 682-2450 1033 01/17/05
EXHIBIT C
Wetland Mitigation Site Deed Restriction—Area No. 1
A tract of land located in Lot 2, "EDGEWOOD" in the S.E. 1/4 of the S.E. 1/4 of Section
2, Township 2 South,Range 1 West, of the Willamette Meridian, Washington County,
State of Oregon, said tract is more particularly described as follows:
Beginning at a 5/8 inch iron rod with yellow plastic cap marked "DEHAAS ASSOC.
INC."monumenting the Southeast corner of Lot 1 EDGEWOOD, a subdivision which
plat is recorded in Washington County Plat Book 2 Page 73; thence North 87°39'27"
West 653.82 feet to a point on the South line of said Lot 1, said point also being on the
most northerly line of that tract of land described in Dedication Deed recorded in
Washington County Document 2003-137807, thence South 02°20'33 West 55.00 feet to
a point on the most northerly boundary line of FANNO POINTE CONDOMINIUMS
which plat is recorded in Washington County Document No. 2003178861 and the TRUE
POINT OF BEGINNING; thence South 87°39'27"East a distance of 58.97 feet; thence
South 13°13'37" West 6.67 feet; thence South 55°36'04" West 8.47 feet; thence South
70°52'53"West 35.99 feet; thence South 40°20'22"West 35.12 feet; thence South
52°12'46"West 50.21 feet; Thence South 61°12'43"West 73.62 feet; thence South
73°59'54"West 36.83 feet; thence North 04°13'08" West 27.47 feet; thence North
76'39'16"East 20.88 feet; thence North 60°19'52"East 30.47 feet; thence North
21°19'46"East 18.14 feet; thence North41003'38"East 74.28 feet; thence North
72°54'22"East 30.85 feet to a point on the aforementioned most northerly boundary line
of FANNO POINTE CONDOMINIUMS; thence South 87°39'27"East 16.29 feet to the
TRUE POINT OF BEGINNING and containing 8,628 square feet of land.
Expires 12131104
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
AUGUST 22,1975
ROGER W. MORELAND
1033
629 T Fanno
January 14, 2005
tXHIBI T r�
WETLAND MITIGATION SITE DEED RESTRICTION—AREA NO. 1
Located within the SE 1/4 of SE 1/4 Section 2, Township 2
South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon
LEGEND POB
SOUTHEAST CORNER OF
PDB PO/NT OF BEG/NN/NG //
LOT 1, EDGEWOOD
TPOB TRUE PO/NT OF BEG/NN/NG
® FOUND 5/8" IRI)-PC LOT 1 EDGEWOOD
MARKED 'DEHAAS & ASSOC. INC
R/W RIGHT--OF—WAY
L 2 8' PUE
G) 318013\\o OB
8' PUE ps TO 2803 E
/ R (TION 81-39 2� N 8��3g 2 N 1.x•13;37" E
p1pIGA�I N 8� z �/ 5 5g 91 6.67
N 725422"' E — 9
N 55'.36 04" E
30.85 / 16 29� �h9 8.47
CD I G.
CD- Porte 5 8 .39
Fan Public NpA/SNS TOTAL SO FT 8628
to RbY SO CO
GONpOM
%
NN%POINT-
FA FANNO POINTE
LOT 2 EDGEWOOD h'L `� CONDOMINIUMS
C) STAGE 2
N 21'19 46" E
18.14
N 76.39'16"" E
�< 20.88 (�
4)
tK
AC'ptx 11ti yrOti
100 5 6 1
FANNO POINTE
Z CONDOMINIUMS
A
1 5 Expires 12 31 06
REGISTERED
�5 PROFESSIONAL
Prepared by: Prepared for: LAND SURVEYOR
DE-HAAS & The Cl TY of T/GARD✓�������� PL,q/y
ASSOCIA TES, INC.
SUITE 300 — A.G.C. CENTER OREGON Scale: 1'=40'
9450 S W. COMMERCE CIRCLE AUGUST 22, 1975 01/17/05
WILSONVILLE, OREGON 97070 ROGER W. MORELAND 629_RE5T—FAN—D.DWG
PHONE: (503) 682-2450 1033 02.629.118
EXHIR7T "E" Wr J in C0U0ry,Oregon 2003-079811
J 0: 3 09:15:16 AM
D-D. Cnta1 Stn-21 RHCORO81
$15.00$5.00$11.00•Total a$32.00 u
RETURN RECORDED DOCUMENT TO: IIIIIIII I III III 111111 U79�811100$30032CITY HALL RECORDS DEPARTMENT, 003369952Q4
13125 SW Hall Blvd. I,Jany Hannon,Dlm for .Aivam.nt and Taxation
Tigard,OR 97223 and Ex OIf cIo coon arN for Wuhlnpton County,
g orapon,tlo han edify that t:8
edify Inatruman!of
.rltlnp wan�t ed and racordad In th.boots of lis
ncorda county s.6h
CORPORATION r IL Harron,0tr.ctorb .=..mard and Taxation,
Ex-offlclo County Clara
File No.�OZ�d��Z - - - --- -- — --
DEDICATION DEED
BIKEWAY AND PEDESTRIAN WAY
Fanno Pointe L.L.C.a Washington Limited Liability Company hereinafter called the Grantors,grant and convey
unto the City of Tigard a perpetual easement over,across,and under the land and real property located at a
Portion of Lot 2"Edgewood",City of Tigard,Washington County,Oregon and desenbed in the attached Exhibit
"A"for a bicycle way and pedestrian way,which may be used by pedestrians and non-motorized mechanical
means of transportation,such as bicycles and for no other purposes. The Grantee shall have the right to place,
construct,operate,replace,maintain,inspect,reconstruct,install necessary improvements,and in connection
therewith may remove and trees,shrubs,or brush necessary or convenient to accomplish said purposes.
THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or
includes other property or value given or promised which is the whole consideration.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title,or interest except those
expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover;
provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement.
IN CONSIDERATION of the premises,Grantee agrees that if said Grantee,its successors or assigns should
cause said easement to be vacated,the right of the Grantee in the above-described easement will be forfeited and
shall immediately revert to the Grantors,their successors,and assigns in the case of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee,its successors,and
assigns forever.
IN WITNESS WHEREOF,I hereunto set my hand on this /0"�'daY 1-
of � 20 OZL.
Grantor:
FANNO POINTE L.L.C.
109 E 13th Street
Vancouver,WA 98660
FANNO POINTE,L.L.C.,a Washington Limited Liability Company
By: PNW CAPITAL,A WASHINGTON L.L.C.,a Washington Limited Liability Company
By: 1' ,I�1C.,a Washm on Corporation,it's Manager
�idZGutschmidt,/Js T 1/,Pof OFINO,INC.,a Washington Corporation
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON OFFICIAL SEAL
County of l r43 W%W670/✓ JAMES F CHRISTMAS
NOTARY PUBLIC-OREGON
COMMISSION NO.327006
This was acknowledged before me on r rr z /Z 2003 MY COMMISSION EXPIRES NOV 28,2003
by: David Gutschmidt,A�5rl/P of Tofino,Inc.,a Washington Corporation,
and the foregoing was signed on behalf of said entity;and he acknowledged said instrument to be his voluntary
act and dee .
,_
Notary Public for Oregon
My commission expires:
Accepted on behalf of the City of Tigard this 19*1-day of 20 09__J .
a .
City Engm ter
N\proi\328-01 I\Wot d\3281 1 FsmntBIKE WAY doc
2003-79811
ALPHA ENGINEERING, INC.
EXHIBIT "A"
MAY 16,2003
LEGAL DESCRIPTION JOB NO.328-011
PEDESTRIAN ACCESS EASEMENT
A VARIABLE WIDTH PEDESTRIAN ACCESS EASEMENT LOCATED IN A
PORTION OF LOT 2, "EDGEWOOD" IN THE SOUTHWEST ONE-QUARTER OF
SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE
MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF A RIGHT-OF-WAY
DEDICATION TO THE CITY OF TIGARD PER DEED DOCUMENT NO.
, WHICH BEARS NORTH 87° 39' 27" WEST 463.72 FEET AND
SOUTH 02° 20' 33" WEST 42.08 FEET FROM THE NORTHEAST CORNER OF
SAID LOT 2;THENCE LEAVING SAID SOUTH LINE, SOUTH 02° 19' 46"WEST,
15.17 FEET;THENCE SOUTH 760 46' 23"EAST,38.98 FEET;THENCE SOUTH 33°
04' 26" EAST, 40.39 FEET; THENCE SOUTH 13° 13' 37" WEST, 115.72 FEET;
THENCE SOUTH 160 46' 32" EAST, 72.40 FEET; THENCE SOUTH 430 45' 12"
EAST, 21.15 FEET; THENCE SOUTH 66° 37' 02" EAST, 89.90 FEET; THENCE
SOUTH 87°40' 06"EAST, 84.30 FEET;THENCE SOUTH 020 19' 52" WEST, 13.78
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE, NORTH 87° 40' 08" WEST, 90.27 FEET; THENCE LEAVING
SAID SOUTH LINE,NORTH 66° 37' 02"WEST, 89.17 FEET; THENCE NORTH 43°
45' 12" WEST, 38.95 FEET; THENCE NORTH 16° 46' 32" WEST, 72.80 FEET;
THENCE NORTH 130 13' 37" EAST, 116.86 FEET; THENCE NORTH 11° 52' 58"
WEST, 5.00 FEET THENCE NORTH 33° 04' 26" WEST, 18.06 FEET; THENCE
NORTH 760 46' 23" WEST, 37.57 FEET; THENCE SOUTH 39° 04' 09" WEST, 1.96
FEET;THENCE NORTH 760 46' 23"WEST, 15.56 FEET;THENCE NORTH 39° 04'
09" EAST, 11.51 FEET; THENCE NORTH 020 19' 46" EAST, 15.28 FEET, TO A
POINT ON THE SOUTH LINE OF SAID RIGHT-OF-WAY DEDICATION;THENCE
ALONG SAID LINE, ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE,
BEING CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF V
39' 57", 14.83 FEET (CHORD BEARS NORTH 800 15' 09" EAST, 14.83 FEET), TO
THE POINT OF BEGINNING; CONTAINING APPROXIMATELY 7,682 SQUARE
FEET,OR 0.18 ACRE.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS SURVEY NO. 29,167,
WASHINGTON COUNTY SURVEY RECORDS,
Plaza West•Suite 230.9600 SW Oak•Portland,Oregon 97223
Office 503452-8003 •Fax 503452-8013
. ` - � IIIIIIIIIIIII�IIII�III�i���l NORTH LINE
_ 2003-79811 N 87'39'27" W
----------------- /LOT 2 463.72'
PARCEL VIII OF 97097055 BOOK 141, PAGE 509 3 —
---------------------D=1'39'57 ----ool — I
RIGHT-OF-WAY R=510.00 w 0 3 N
DEDICATION TO L=14.83' " = o l O z o
CB=N80'15 09 E, v)
CITY OF TIGARD 14.83' N f— z of o
ON1I 1u)Y) z � 0'O
JK�/ S��B ' W O w
.0 '2 m wo
3 � w
"FANNO POINTE N 764623 sw�N 76-4.6, Z
CONDOMINIUMS w . 0 64.6,
w c� y> > W
ti� ��z LTJ o°' �6'• �cr
O c�
z
vi ^
Q l�
PEDESTRIAN /�° 76
z ACCESS EASEMENT W t�
O O �� ^
,M
O Z
O
1 �
1
SCALE:
E 1" = 40'
1z 1
0 1
N
0 1�
"FANNO POINTE
CONDOMINIUMS" �N. 1
A
1,1 Ns
N 110 !
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PUBLIC PEDESTRIAN ACCESS EASEMENT
y LOCATED IN A PORTION OF LOT 2, "EDGEWOOD" s9s��
IN THE SOUTHWEST ONE—QUARTER OF SECTION 1,
w TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
N
0
DRAWN BY: RLM DATE:4123103
U ;'v
REVIEWED BY: MRc DATE:4/07/03
v _
3 PROJECT NO.: 328-011 w
ALPHA ENGINEP..FXgG INC.
m
SCALE' 1" = 40' PLANNING:DEVELOPUM SERVICES,, SURVEYING
N
" OFFICE 503-452-6003 ,FAX 503-452-8043
PLAZA WEST—SUITE 230,9800 SW OAK PORTIAND,OR 97223
n