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Correspondence RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT • CITY OF TIGARD RECEIVED 13125 SW HALL BLVD. TIGARD, OR 97223 MAY 2 1 2008 INDIVIDUAL or CORPORA'1'k erry OFTIGARD BUILDING DIVISION File No. Space above reserved for Washington County Recording Information RIGHT -OF -WAY AGREEMENT/ ENCROACHMENT (REVOCABLE PERMIT) THIS AGREEMENT is entered into on 9--, 2008, between the CITY OF TIGARD (the "City ") and Kn ( 4 S LL(. ( "Property Owner "). RECITALS A. Property Owner owns the property located at 11708 Warner Avenue, Tigard, Oregon 97223, Taxlot 1S135DD05200, more panic arly described as t- of 3S cP 1-1.P g# v r Tr , o. 2- / r in the . City of Tigard, Washington County, Oreg ,, e "underlying property "). B. Applicant has constructed or is constructing private utility lines (including fire flow and water lines) and fixtures within the City's right -of -way along the western 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; ,. ,. it i.16 . 01....?:;005 ''' 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 within 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. A WITNESS our A • this 2 •- o . ` A08. 4 n r' Property 0 i 'igna - Property Owner's Signature Property A • es Mailing Address (if different) pid-(2' c9/(-- '7722 STATE OF OREGON) ) ss. County of Washington) • ' 1.A.11U ' 5Th / i This instrument was acknowledged before me•bn gril \ , 2008 by: • .7 /7 (l am TREAT . .. 1. NOTARY PUBLIC - ORE�d Notary's Signa e �� COMMISSION NO. 4116777 i MY COMMISSION WIRES APRIL 26, 2011 M Commission Expires: In accordance with Section 15.16 of the City of Tigard Municipal Co. City of Tigard & 1 /Lvy� .c......— 13125 S.W. Hall Blvd. City M.; .ger Tigard, OR 97223 STATE OF OREGON) ) ss. County of Washington) M �� 2 �� This instrument was acknowledged before me on i (date) by: d O 1 & P f 1 O95 &-( 61 IL(AAY � &ei� (name of person(s)). 1 `�" OFFICIAL SEAL ) l � } JBENGTSON t l NOTARY PUBUC-OREGON ( Notary st . gnature .1, O COMMISSION NO.413772 ) 4,,,iv a7�� ©�� MY COMMISSION EXPIRES APR. 27, 2011 ( My Commission Expires WE 01 8.5 LF 8" PVC • ' I c''I)i d,. + mi l_ 0 SS CO 3034 @ 46.47% 2 —CART. CB 60" CONTROL MH RIM = 224.38 RIM= 224.67 RIM 224.68 IE =2 IE IN= 221.47 IE I 217 IE OUT= 221.37 — . �p ! ��, Fs !� —. c2 a f . ` v t -' \ 1 ,,Y E �,,`-, '� A , )A_ - \,p r .—;' O \ �_ 'gz -8,�'y ;01 34 0 %.. �..�..--�� .::��,� y r /�-- :r:r .- r ,.. r. ., r , .r •�• r , .:r. .r. r e - r - -r :r: r. w.. r � �r— � (2) 4i3 ' CMP 1D PIPE "E.; 0.4'0 1 .0 �� it � r r r i a d e a ,, ., 1,∎ I td a�s �I r r y a ', , 1V .� ,57LF 6 "DI CL.52 .• 1� 30" ACCESS PORTS 0� — — — — — �o ; `'" T 73LF 6 D1 CL.52 @O� "' \ �•� \' 54.5LF --8 "ABS @1% • ..,-1\* � • IE= 217.40��1 I �, ' CLEANOUT �, 0 \ 0,• RIM =t226 h ' 7 IE= 223.10 J 1 40 DRAIN (LIGHT VEHICULAR) IE= 217 RIM = 223.60 4 "SAN.LAT. ma CLEANOUT 1 , © 1 RIM= 224.55 + /— ©2%MIN. " / mir F . , 1 IE= 221. 1 — - _= A ,. ■: v 1 k 1 a / " / CURB / / 1 1 /2" WM 1 '. / , I : /, NORTH UTILITY /� p� p PLAN SCALE 1° ® 20' L „ - r WATER NOTES: 1O NOT USED 06 INSTALL FIRE HYDRANT NOTE: (TVWD STD.DWG. 101) 10 3" ABS @ 2.0 %(MIN.) O INSTALL 6 "DCVA 02 4" PVC 3034 SAN.LAT (TVWD STD.DWG. BF105) FDC TO BE INSTALLED (SEE SHEET R2.0) @ BUILDING (SEE PLUMBING PLAN) 3O INSTALL 6 "D.I. FIRE LINE 18" OFF BACK OF SW © NDS CHANNEL DRAIN W/ P.I.V. PER U.P.C. (SEE PLUMBING PLAN) 0 INSTALL 6 "DI WATERLINE D INSTALL 1" CARV ASSEMBLY PER TVWD STD.DWG. 601 50 INSTALL 6"DI WATERLINE 52 LF D.I. CL. 52 ". UT ILITY PLAN NWS 04/30/08 :- A BY DATE 04/30/05 afghan associates, inc. :, ,,;i,t3t, CHK BY CNN DATE / 30 / 08 ENGINEERING JOB NO A05011.11 4875 SW Griffith Drive 1 Suite 3001 Beaverton, OR 1 97005 503.620. tel. 503.620.5539 fax 1 www. aaieng.com SHEET 1 OF _ 1