80-016647 - Consolidated Supply Corp. - Use of Property
800 1664.7
LICENSE
f
This license, given by the City of Tigard, entitles Consolidated
Supply Corporation (hereafter "grantee"), their successors and assigns, to
the certain limited,, described uses of the real property described in
Exhibit "A", which will hereafter be referred to as "'the subject property".
The subject property is a portion of a dedicated but undeveloped
and unaccepted public street right-of-way. By this license the City oi'Tigard
grants to grantee the rights to make the following uses of the subject property:
1. To park cars, trucks, and other machinery. (This right
includes the right to pave, to mark the pavement, to
construct curbs, and make such other improvements and
alterations to the land as may be reasonably necessary
to facilitate the described use and to meet relevant
requirements of the Tigard Municipal Code and such
land-use requirements and limitations as the City
may impose from time to time.)
2. To landscape.
3. To place upon the subjg.ct property piping, wiring, meter
boxes, and such other similar ancillary equipment,
machinery, and supplies as may be useful to any legal
business or residential use of the adjacent parcel
described in Exhibit "B", which is hereby incorporated.
The limitations on this license include the following:
A. If at any time the City or any other government or any person,
partnership, or corporation proposes the opening, improvement,
or governmental acceptance of the subject property as an
improved public street or road, grantee shall remove at his.
expense and within 90 days of receipt of written notice to
do so from the City any curbs, fences, walls, berms, trees.,
or other impediments to the opening of the subject property
for public travel. (The City shall not give the described notice
until it. has authorized the improvement of the subject property
as a public street or road ana satisfied itself as to the
proposed developer's good faith intent to make the improvement
and his or its capacity to accomplish the project.)
The opening, improvement, or governmental acceptance of the
subject property as an improved public street or road shall
not give rise to an action or suit for damages to grantee,
their successors and assigns. It is specifically agreed by
grantee that if the opening, improvement, or governmental
acceptance of the subject property occurs any violations of the
land-use regulations of any government caused by the loss of
use of the subject property shall beI the responsibility of grantee,
their successors and assigns, and they shall take such action
as may then be required by relevant laws and land-sue
regulations, without costs to the City or any other government.
B. Grantee accepts responsibility for the care and maintenance
of the subject property, and agrees to hold the City and any
other government harmless from any claim arising out of the
maintenance of the subject property, its condition, andithe
operation, condition and maintenance of all equipment,
supplies, structures, and artificial conditions placed
upon or created upon the subject property.
C. This license shall not entitle grantee to use of the
subject property for the purpose of providing access to any
tract of land other than that described in Exhibit "B".
D. This license shall expire 99 years from the latest date
written beside the signature at the end of this document,
unless sooner terminated by other conditions recited in this
document or by the consent of all parties.
E. Grantee will sign a non-remonstrance agreement on 72nd Avenue
street improvement L.I.D.
Executed this /U~-day of , 19146 on
behalf of the City of Tigard: zwe",
Subscr,ibed;and sworn to before me this d All.
of r 19Z
otary Pu li or Oregon
My Commission Expires:
Ga.
Executed by Consolidated Supply Corporation this G day of 19
Subscribed and sworn to before me this ~h day of 19 OVa .
Notary Public r Oregon
My Commission Expires: &.t__62
PAGE 2 - LICENSE
Z
EXHIBIT "A"
Description of 30 foot Roadway
That certain strip of land 30 feet wide lying between the westerly line of
Lot 4 of the Southern Pacific Tigard Industrial Park and the easterly right-
of-way line of the Oregon Electric Railway in the S.E. 1/4 of Section 12,
T2S, R1W, W.M., Washington County, Oregon, more particularly described
as follows:
Beginning at the southwest corner of Lot 4, Southern Pacific Tigard
Industrial Park, thence South 88629'35" West, 30.02 feet to a point
on the easterly right-of-way of the Oregon Electric Railway; thence
North 03028'12" West, along said easterly right-of-way, 1168.70 feet;
thence North 88029'35" West, 30.02 feet to a point; thence South 030
28'12" East along the west line of said Lot 4, 1168.70 feet to the
point of beginning.
PAGE 3 - LICENSE
J
EXHIBIT B
Description of Consolidated Supply Property
Real property situated in the City of Tigard, County
of Washington, State of Oregon, being all of Lot 4'
as shown on map of SOUTHERN PACIFIC TIGARD INDISTRIAL
PARK, filed for record December 19, 1978, in Book 44,
page 18, Washington County Plat Records.
STATE OF OREGON
County of Washington SS
1, Roger :Thomsseri~sDirector of Records
- and Elections and Ex-Officio'Rec order of Con-
veyances for said county do hereby certify that
the with " instrument of writingawas;received
CITY OF TIG AD and recorded in: book of `records; of saidycounty. 12420 W. MAID ` i t ROGER;,THOMSSEN Di actor of
tiRecords' & Elections
P.O. BOX 23397
TIGARD, OR. 97223
iNDEXE®`
1980 Noy -8 PM 1:2
7 j
PAGE 4 - LICENSE I'
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p 4 58.00 141.RS.1 1-10-07-S4 109.010 N71-34-22!1 1978, CAS".11,1. SURITY OF NOVEMBER 30, 1977,
q 5 53.00 141.854,140-07-54 !09.050 N63.33-32P COUNTY SURVEY NO.S 12395, 2165, 2876, 3019, hl
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1p W qlm WW4 -1 ly1% 6 20.00 7,24u 20-it-27 7.200 s:;l-•ta-oar 3756, 4143,42S4, 9723, 10630, 11626, and 14444.
y~ ~tilto M1, 0 KI 7 20.00 10.259; 29-25.27 10.147 S76-48-421: I,
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-
sD Raw. °
INITIAL PONUT
30 OADWAV N d3°dB 42 W., 1861 66 /160 70 t
563 32 g fRSM'f
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_ 697 96
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y ~i M /5' EACH SID.-
4 LOT 3 $ LOT 4 41j o S/Io $ I W
4 I~ 334,220SF 76 /J AC UTE 402 028 S F 9 229 AC 0
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Iwo It I.-mA4rw A4oN
by k; I' tR
4CK46E &WENTArION/MIS
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" I _ 10870
?d%S"E 331 2 l- - t D_ , > - 10011 / ^9°.
II 36S A0 67 S7 - 86
,9
!+I S'ADD JSM r ~IW 30 $01Y. NERN PACIFIC RR
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/22,214 Sr it /?3,047 S! MIw I11146 05.9 1~r..r.........
801 AC h 2 82,5 AC M ro,C1 106~t~? f . I!,/~
270 h m ~ Q ~ 510. A6
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NO/OW16",C -X8066- - ,..•.....r.,.µ
sw. 72ND - ~'F~~ AVENUE fC.R~r26) SURVEYOR'S CERTIFICATE
pA STATE 01: OREGON (S.S.)
COUNTY 01' WASHl1J;fUN
•,i APPROVALS • II
I FRANK If. SHAT-PS, A REGISTCRFI) P1tfWl`SSi(1.';Al. LAND SH)W!'Yo R IN TI
7N~ S'~ OP OREGON, 111RL11Y CLIMU'Y THAT 11UPI';J' 1'11!1 .'•I)';'l'ti !11' :;L!1lM111 i I9"
U AI'lllt)t'I'I I' IL;.~' 1'11PN (A !Ili,
If CORRECTLY SURVEY[ 1) AND 5l\R1;LU 1111'!! I11;)PLH 1611":'fS 1!I!' LA111S !tLt
CII 1(n1~1:f CII'1 UI"~I ',1:1) J Lt` rJ~.l I114G:SIuM ` t
UPON THE ANNEX H) MAP AS nSOLrl107RN I1'.t::IF11' 1 II.ARU L:hU:.'P,(f V PARK,
THE INITIAL POINT 15 A 211 v 36" GI1.';W.I' 1:D 1PW.' P11'J. DRIVI': 11!
1 1l.1.U1~S:
SURFACE OF THE 'ROUND, TIIF. BOUNDARY, IS t)CS(a;1iIF11 AS
r ~
- ~o BEGINNING AT 'MI: INITIAL POINT Wil'All B1 IRS NJRTI! 2456.47 !'I'.,km
-I no -.1 rn.'.11 „n: C\11'1!11 I !'1 !'I\IIt.ru 111: :.t'r-rio- 1 ~ T 'C I! IW
TH0,MP50N, ADAMS & DEBAST
ATTORNEYS AT LAW
ROBERT E. THOMPSON HALL STREET STATION JAMES B.. CASTLES
RODNEY C. ADAMS' 4500 S. W. HALL BLVD. OF COUNSEL
PAUL J. DEBAST BEAVERTON, OREGON 97005 RECEIV
-DAVID R.DENECKE TELEPHONE: 644-2146 E~
ROBERT F. BLACKMORE
. JAN 2 ~ 198z
CITY Of TIGARD
January 20, 1982 ~
cfY
Ms. Doris Hardvig
City of Tigard
12420 S. W. Main
Tigard, OR 97,223
Re: Consolidated Supply
Dear Ms. Hardvig:
Enclosed is our check for $1.25. This is what I understand
to be the fees for copying the license agreement between .
Consolidated Supply and the City of Tigard. Please send me
a copy of the-license agreement as executed. This should
indicate the date of recording as well.
Thank you for your attention in this matter.
Very truly yours,
THO 50N, AD & DeBAST
ICI
David R. Denecke
DRD:jis
Enclosure
cc: Mr. Karl E. Neupert
RECONVENE: 9:52 P.M.
TG. ORDINANCE No. 80-26 AN ORDINANCE AUTHORIZING AND DIRECTING TRANSFER TO THE
GENERAL FUND OF THE CITY OF TIGARD OF $170.40 REMAINING
IN THE GENERAL OBLIGATION BOND ACCOUNT, FIXING AN.
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Motion by Councilman Cook, seconded by Councilman Brian to.approve.
(b) Finance Director recommended approval.
Approved by unanimous vote of Council.
15. CANVASS OF VOTE - Tigard Community Youth Services measure March 25, 1980 election.
(a) City Recorder stated that the measure for $59,825 passed with 832 votes YES
and 539 votes NO.
(b) Motion by Councilman Cook, seconded by Councilman Brian to acknowledge the
the passing of the TCYS measure.
Approved by unanimous vote of Council.
16. APPROVE LICENSE FOR CONSOLIDATED SUPPLY CORPORATION - Public right-of-way-useage.
(a) Director of Public Works recommended Council allow the Corporation to use
the portion of the 30' wide strip of roadway between the railroad tracts
and the Southern Pacific Industrial Park location.
(b) Motion by Councilman Brian, seconded by Councilwoman S,timler.to approve.
Approved by unanimous vote of Council.
17. COMPUTER STUDY - STATUS OF CONTRACT
(a) City Administrator discussed the current status of the software contract
negotiations. City Administrator, Council, Telios and Wang representatives
discussed at great length the option of purchasing a 26.8 megabyte disc
instead of a 10 megabyte disc. The City Administrator recommended Council
purchase the megabyte disc since it would make future expansion easier and
not as costly as the larger disc offers more cost effective expansion
possibilities than originally proposed. For an expenditure of an additional
$7,835 the larger megabyte disc would more than double the capacity of the
computer. The City Administrator pointed out that the decision on which.
megabyte to purchase would need to be made before the software contract
could be finalized.
(b) Terry Fleming,.representative from Wang discussed the function of.the
computer and how the different size discs would affect the growth capacity
of the system.
(c) After some discussion, Council requested this item be held over until the
Study Session of April 21, 1980.
PAGE 5 - Regular Council Minutes - April 14, 19801
Councilman Scheckla left meeting.
18. AWARD BID - Sewer Reconditioning.
(a) Director of Public Works stated the bid opening was held on April 4, 1980
and presented the following as bids received.
Bidder Bid
e job
Dale's Sand & Gravel Co. $ 4,500.00
18600 S.W. Pacific Highway
Sherwood, Oregon 97140
Salem Sand & Gravel Company 7,520.00
P.O. Box 1008
Salem, Oregon 97308
Tobey's Excavators 8,650.00
33003 S.W. T.V. Highway
Hillsboro, Oregon 97123
All bids were accompanied by bid bonds.
Director of Public Works recommended Dale's Sand & Gravel Company be
awarded the bid in the amount of $4,500 to. put in a. 26' foot deep manhole
on S.W. Commercial Street which will accomodate sewer service in the area.
(b) Motion by Councilman Brian to award bid to Dales Sand & Gravel for $4,500.
Motion seconded by Councilwoman Stimler.
Approved by unanimous vote of Council present.
19. RESOLUTION No. 80-31 RESOLUTION OF THE TIGARD.CITY COUNCIL ACCEPTING THE FINAL
PUBLIC..IMPROVEMENTS CONSTRUCTED.WITHIN PATHFINDER NO. 2
SUBDIVISION.-
(a) Director of Public Works reported that the Planning Commission had been the
ones to declare the sidewalks not necessary on Pathfinder. He. recommended
Council approve and accept the improvements.
(b) Motion by Councilman Brian, seconded-by Councilman Cook to approve.
Approved by unanimous vote of Council present.
(c) Councilwoman Stimler requested staff send letters to the property owners
on the cul-de-sac to advise them why there were no sidewalks.,
Councilman $checkla returned to meeting.
20. ORDINANCE No. 80-27 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY
COMMISSION ORDER NO.. 1531 RECORDING AN EFFECTIVE DATE AND
DECLARING AN EMERGENCY. (GREENBURG ANNEXATION).
PAGE 6 - Regular Council Minutes - April 14, 1980
LANDIs, AEBI & BAILEY
LAWYERS
1516 GEORGIA-PACIFIC BUILDING
PORTLAND, OREGON 97204
TELEPHONE (503) 224-6532
DAVID C. LANDIS
FRED M. AEBI
JOE D. BAILEY
JOHN C. MERCER
JAMES M. CALLAHAN April 3, 1980
ANNA M. MORAN
H. ELIZABETH G
OEBEL
Mr. Aldie Howard
Planning Director 1j
City of Tigard
P. 0. Box 23397
Tigard, OR 97223
Dear Aldie:
Consolidated Supply Co. License Agreement
I enclose the Consent Covenant and License Agreement
executed by Karl Neupert as president of Consolidated Supply.
I have reviewed the documents and approved them.
Very truly your ,
oe iBailey
JDB/mr
Enclosures
i:.
CONSENT COVENANT
Street Improvements .
The undersigned owners (including purchasers) of the
real property described below do_hereby record their consent to
the formation of a local improvement district by the City of
Tigard for the purpose of improving S.W. 72nd Avenue. The
undersigned expressly waive all present and future rights to
oppose or remonstrate against the formation of a local improvement
district for.the improvement of S.W. 72nd Avenue, reserving only
the right to contest the inclusion of the described property
within the local improvement district, inclusion or particular
cost items in the improvement district proceeding and any right
they may have under the laws of the state of Oregon to contest
the proposed assessment formula.
This consent and waiver shall run with the title to the
described land and be binding upon the undersigned and all
successor owners, for a period of 15 years from the date of the
last signature below.
The real property that is the subject of this consent covenant
is described as follows:
Lot 4, Southern Pacific Tigard Industrial Park
Page 1 - CONSENT COVENANT
PROJECT NAME:
FIL( LFn :
DATED this
day of 190o.
STATE OF MEGON )
SS
County of Washington
on this day of l9~®, personal
appeared the.above named 71
and acknowledged the foregoing instrument to be voluntal
act and 'deed.
Before me:
otn Public for Oregon
My commission expires:
NOTARY PUBLIC FOR OREGON
My Wrnmismo Expires Oct 10, 1980
a - , Nc&
.'AiA~, d~ 4.+u
Jew
December 19, 1979
Consolidated Supply Corporation
P:O, Box 1771
Portland; Oregon 97207
Re: Lkdnse and,Non Remonstrance Agreemient
pear. Sirs
Enclosed is the original copy of the License between Consolidate'd;Supply
Corporation and the City of Tigard.Upon completion of signatures i;om..
Consolidated Supply Corporation., 'please return the original copy='along'with
a check maHd out to City'of Ti'ard'in the amount of $14.00 to cover costs
of .recording fees with Was$ingtoni County Recorder. . When this has been "
recorded with the county, use will "send you a. iecorddd copy - for your • filesi..
Also: enclosed you will find a copy of a hon-remonstrance agreement €or.'
your execution, according to Section UE" of the License,' on-72ad'Avenue
street improvement L.I,D.
If you hAV.e any.questions in..this matter. please feel" free to call, us, at,
.639-4171.
Sincersly:yours,.:
-Doris Hartig
City .Reco'rder
DPI t lm E
Enc: