[Ord. No. 2279,
Add, 12-5-2000]
The following instruments, including
memoranda thereof, are authorized to be entered and recorded in the
appropriate county record as determined by law:
1. Any instrument specifically authorized
to be recorded by any other ordinance of the City of Lake Oswego.
2. Any instrument set forth in LOC §
12.52.010. Such instruments shall include a title clearly identifying the document so as to enable the County Clerk to determine the authority for recording.
3. In all cases where an instrument is authorized
to be recorded by an ordinance, an option, release, satisfaction,
assignment, amendment, or modification of the instrument may be recorded
provided it references the original instrument and is approved for
recording by the City of Lake Oswego if approval for recording of
the original instrument was required.
4. Any instrument recorded under the authority
of this ordinance may be corrected in the same manner as provided
for by statute.
[Ord. No. 2279,
Add, 12-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2511, Amended, 5-6-2008; Ord.
No. 2579, Amended, 3-20-2012]
The following instruments may be
recorded in the appropriate county records:
1. Local Improvement Districts.
a.
Petition for Formation of local improvement or assessment district. (See LOC §
40.02.020(3).)
b.
Waiver of Right to notice, hearing, remonstrance or assessment for a local improvement district (LID), public improvement, facility or service. (See LOC §
40.02.050.)
c.
Notice of Pendency of Formation of a local improvement district or assessment. (See LOC §§
40.02.040 and
40.02.060(1).)
d.
Reapportionment of Special Assessment for LID’s or public improvements. (See LOC §
40.02.160.)
e.
Continuing Request for Public Improvements or Services approved for recording by City Manager or designee. (See LOC §
40.02.020(3).)
2. Development Review. Development restrictions relating to a major development, minor development, or ministerial development, including but not limited to land divisions, variances, conditional use permits, and the Conditions of Approval imposed on the subject real property when approved for recording by the City Manager or designee. (See LOC §
50.07.003.5.)
3. Agreements to Pay Charges.
a.
System development charges. (See LOC §
39.06.101.) (May be recorded or may be posted in the Municipal Lien Docket.)
b.
Any impact fees or taxes imposed
on real property pursuant to Lake Oswego Code.
c.
Agreement for Public Improvements, to construct or maintain public improvements required by the City Manager, City hearing body, or City Engineer. (See LOC §
50.07.003.9.)
d.
Zone Connection Charge to reimburse a person for the costs of financing a sewer, street, surface water management or water improvement. (See LOC §
40.04.050.)
4. Real Property Conveyance Acceptance. Acceptance
of Transfer or Acceptance of Dedications of road right-of-way or other
public interest in real property approved for recording by the City
Manager.
6. Change of Street Name. Change of Street Name approved for recording by City Engineer. (See LOC §
42.03.090.)
7. Building Department Notices. Notice of
Final Inspection, Notice of Occupancy Approval, Notice of Failure
to Obtain Final Inspection, and Notice of Failure to Obtain Occupancy
Approval if approved for recording by Building Official.
8. Declaration of Nuisance and Related Documents. Notice that a property is subject to a pending Declaration of Nuisance or has been determined to be a Nuisance or a Nuisance Lien amount has been approved for recording by City Manager or designee. (See LOC §§
34.08.405,
34.08.411 and
34.08.421.)
9. Permit of Entry. A permit or license of
entry authorizing City, its employees, agents or contractors to enter
onto private property.
10.
Seizure or Forfeiture of Property.
Notice of Intent to Seize or Intent to Forfeit Property, Certificate
of Forfeiture or Sale approved for recording by City Manager or designee.
11.
Verification of Official Act. Resolution
and Order, Minute Order or other comparable order evidencing an official
act of City board or commission approved for recording by the City
Recorder or designee.
12.
Agreement to Construct Public Improvements.
Agreement to Construct Public Improvements if approved by the City
Manager or designee for recording.
13.
Agreement to Hold Harmless or Indemnification.
Agreement to Hold Harmless, to indemnify, or defend City of Lake Oswego,
its officers, employees, agents or contractors approved by the City
Manager or designee for recording.
14.
Land Use Required Documents. Any
document required or directed to be recorded pursuant to or in furtherance
of a land use, development approval or building permit issuance and
approved for recording by the Planning Director, Building Official,
City Manager, or any designee thereof. Examples include: Restrictive
Covenant, Non-Access Strip, Waiver, Joint-Use Agreement, Access Restriction,
Maintenance Agreements, Development or Use Restriction.
15.
Road Agreement. Road or Right-of-Way
Maintenance Agreement approved for recording by the City Manager,
City Engineer, or any designee thereof.
16.
Encroachment Agreement. Encroachment Agreement approved for recording City Manager or designee. (See LOC §
42.18.1010.)
17.
Tree Permits.
a.
Tree Removal or Tree Preservation Permits approved for recording by the Planning Director or designee. (See LOC §§
55.02.084,
55.02.094 and
55.02.130.)
b.
Tree Heritage Designation evidenced in a covenant and authorized for recording by Planning Director or designee. (See LOC §
55.06.030.)
18.
Historic Preservation. Historic Landmark or Historic District Designation, or Removal of Designation. (See LOC §§
50.06.009 and
50.07.004.4.)
19.
Annexation. Annexation documents
executed by property owner or by City officer or employee in furtherance
of current or future annexation, including but not limited to consent
to annexation and waiver of time limitations for consent to annexation
(see ORS
222.173). (Note: Annexation contracts are authorized for
recording under ORS
222.115.)