95-084073 STATE OF OREGON -
f
C
SS
ounty of Washington
After Recording Returr. Copy of .. . ded Document to: g .,q
City Recorder City of Tigard I, Jerry ari ',f iV, ®'- (.r of Assess
13125 SW Hall Blvd. - Tigard, OR 97223
ment ands n: e •* o County
Clerk for 9. . * =rtify that
the within instru d r , received
and regori
bW f _ 1 �_� ��°of said
county; :
� ssentirector of
Taxation, Ex-
' OfficroWili Jerk
Doc : 95084073
Rect: 154230 18.00
11/15/1995 09:22:26AM
ENCROACHMENT AGREEMENT
LOT 26 OF PEBBLECREEK NO. 2
THIS AGREEMENT entered into this _7 ± ! day of Dckber , 1995, between the CITY OF
TIGARD (hereafter "City ") and Costa Pacific Homes (hereafter "Owners ").
WITNESSETH:
That the City, its successors and assigns, hereby grants, bargains, sells, and conveys unto the said Owners
and their assigns, the right, power, and authority to lay down, construct, and perpetually maintain a
portion of a building on that certain foundation corresponding to the plot plan attached hereto,
encroaching on the easement held by the City, said easement being over the following described
property:
The northerly 7.5 feet of Lot 26, Pebblecreek No. 2 Plat, as recorded in Plat Book 97
Pages 21 & 22 of plats, Washington County Records.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access to and repairing the public utility lines due to the encroachment
on the easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if .there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment;
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses 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. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
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 Owners.
__ � Page I of 2
It is further covenanted and agreed between the parties hereto, their heirs and assigns, that this agreement
shall continue only so long as the encroachment is constructed in conformance to the plot plan and
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non - conformance to the plot plan or discontinuance of such use.
IN WITNESS WHEREOF, I hereunto set my hand on this • ay of V (Jr _ , 19S
i
RAK Development dba Costa pacific •,,- / / S/� / _
Name of Corporation Signature
/
8625 SW Cascade Blvd. #606 President
Address Title
Beaverton, OR 97008
X$;C
XNi
STATE OF OREGON )
) ss.
County of Washington) ,�j if
This instrument was acknowledged before me on 1 9 (date) by IL uct • Ir✓ m u I,th"
(name of person(s)) as
I ' ' I 1" - - (type of authority, e.g., officer, trustee, etc.) of
g9 .a t . # *AA/ (name of party on behalf of whom instrument was executed).
r ����� : �� : ����` ` ���� 1` ����� Notary's Signature
r .;.. 1
OFFICIAL SEAL f My Commission Expires: 29
r : MARCEE KILPATRICK r
• NOTARY PUBLIC- OREGON r
COMMISSION NO. 040217 -
1 MY OMMISSION EXPIRES DEC. 20, 1998 r
In accordance with Resolution No. 95 - of the City of Tigard
City of Tigard Zi /°%
13125 S.W. Hall Blvd. City Administrator
Tigard, OR 97223
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on q( as Ks (date) by William A. Monahan as
City Administrator of the City of Tigard.
e et,-bileiliot&.t Notary's Signature r C �
l I v Pei
!=;. OFFICIAL SEAL
c F ' _= CATHERINE WHEATLEY
` ,, NOTARY PUBLIC -OREGON
` o COMMISSION NO. 042178
MY COMMISSION EXPIRES MAY 10,1999 My Commission Expires:
d
c Page 2 of 2
CITY OF TIGARD, OREGON
- RESOLUTION NO. 95- L y
A RESOLUTION' AUTHORIZING AN ENCROACHMENT AGREEMENT FOR A PROPOSED SINGLE
FAMILY RESIDENCE ON LOT 26 OF PEBBLECREEK NO. 2 SUBDIVISION PLAT.
WHEREAS, a portion of a proposed house on Lot 26 of Pebblecreek No. 2
subdivision plat encroaches into a storm drain easement; and,
WHEREAS, an agreement has been prepared to allow the encroachment to
remain subject to certain conditions; and,
WHEREAS, it appears that the proposed agreement adequately protects the
interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The encroachment agreement attached hereto with Costa
Pacific Homes, is hereby approved subject to payment of
$125 to the City_by the owners as reimbursement for costs
incurred by the City in preparing and recording the
agreement.
Section 2: The City Administrator is hereby authorized to sign the
encroachment agreement on behalf of the City after
receiving the required payment.
PASSED: This O L.W day o �L u.:AA'L , 1994.
May- City of Tig.: d
ATTEST:
City Recorder - City of Tig
. .dj /Encroach. res
RESOLUTION NO. 95-
Pagel
After Recording Return Copy of Rec. .i Document to:
City Recorder - City of Tigard
13125 SW Hall Blvd. - Tigard. OR 97223
ENCROACHMENT AGREEMENT
LOT 26 OF PEBBLECREEK NO. 2
THIS AGREEMENT entered into this day of , 1995 between the CITY OF
TIGARD (hereafter "City ") and Costa Pacific Homes (hereafter "Owners ").
WITNESSETH:
That the City, its successors and assigns, hereby grants, bargains, sells, and conveys unto the said Owners
and their assigns, the right, power, and authority to lay down, construct, and perpetually maintain a
portion of a building on that certain foundation corresponding ..to the plot plan attached hereto,
encroaching on the easement held by the City, said easement being over the following described
property:
The northerly 7.5 feet of Lot 26, Pebblecreek No. 2 Plat, as recorded in Plat Book 97
Pages 21 & 22 of plats, Washington County Records.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access to and repairing the public utility lines due to the encroachment
on the easement:
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment;
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses 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. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
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 Owners.
Page 1 of2
It is further covenanted and agreed between the parties hereto, their heirs and assigns, that this agreement
shall continue only so long as the encroachment is constructed in conformance to the plot plan and
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non- conformance to the plot plan or discontinuance of such use.
IN WITNESS WHEREOF, I hereunto set my hand on this day of , 19
Name of Corporation Signature
Address Title
Signature
Title
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on (date) by
(name(s) of person(s)) as
(type of authority, e.g., officer, trustee, etc.) of
(name of party on behalfof whom instrument was executed).
Notary's Signature
My Commission Expires:
In accordance with Resolution No. 95 -_ of the City of Tigard
City of Tigard
13125 S.W. Hall Blvd. City Administrator
Tigard. OR 97223
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on q/ as 14S" (date) by William A. Monahan as
City Administrator of the City of Tigard.
eeakle/Lim..4
�•V
.��
Notary's Signature _ /
My Commission Expires: 5 f 1 0 lq Q
OFFICIAL SEAL
e^ ` , =+ ";_ CATHERINE:WHEATLEY
`� NOTARY PUBLIC-OREGON
`. ; o COMMISSION NO. 042178
_ MY COMMISSION EXPIRES MAY 10,1999
dj /EncroachmenLAgr
Page 2 of 2
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AGENDA ITEM #
For Agenda of September 26, 1995
' CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE /AGENDA TITLE Encroachment Agreement with property owner of Lot 26 in,
the Pebble Creek No. 2 subdivision
PREPARED BY: M.J.A. DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should the City grant an encroachment to the private property owner of Lot 26
in the Pebble Creek No. 2 subdivision to allow the construction of a bay
window to protrude into the public storm drain easement that crosses the lot.
STAFF RECOMMENDATION
Staff recommends the Council authorize the City Administrator, on behalf of
the City, to enter into the proposed encroachment agreement with Costa
Pacific Homes to allow for a bay window of a proposed single family residence
to cantilever into the public storm drain easement within the subject lot.
INFORMATION SUMMARY
In order to comply with the minimum setback for the.proposed single family
residence on Lot 26 from the southerly lot line, and the existing building
under- construction on Lot 27, the developer has requested permission. to site
the foundation for the proposed building on Lot 26 contiguous to the public.
storm drain easement, with the bay window cantilevering into the easement.
The foundation would be constructed to a depth sufficient to prevent any "
additional soil pressure on the pipe and enable full access to the public
storm drain. The bay window would extend 11 inches into the 15 foot wide
easement
OTHER ALTERNATIVES CONSIDERED
1. Deny request and require the building to be re- designed to eliminate bay
' window.
2. Vacate the southerly one foot of the existing easement on Lot 26 and
reduce the total easement width to 14 feet.
FISCAL NOTES
•
CITY OF TIGARD, OREGON
RESOLUTION NO. 95' -_
A. RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT FOR A PROPOSED SINGLE
FAMILY RESIDENCE ON LOT 26 OF PEBBLECREEK NO. 2 SUBDIVISION PLAT.
WHEREAS, a portion of a proposed house on Lot 26 bf•Pebblecreek No. 2
subdivision plat encroaches into a storm drain easement; and,
WHEREAS, an agreement has been prepared to allow the encroachment to
remain subject to certain conditions; and,
WHEREAS, it appears that the proposed agreement adequately protects the
interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that
Section 1: The encroachment agreement attached hereto with Costa
Pacific Homes, is hereby approved subject to payment of •
$125 to the City by the owners as reimbursement for costs
incurred by the City in preparing and recording the • •
agreement..
• Section 2: The City Administrator is hereby authorized to sign the
encroachment agreement on behalf of the City after
receiving the required payment.
PASSED: This day of , 1994.
Mayor - City of Tigard
ATTEST:
City..Recorder - City of Tigard
dj /Encroach.res
RESOLUTION NO. 95-
Page 1
After Rec...—ling Return Copy of Recorded Document to: -
City Re - City of Tigard
13123 Ss A Blvd. - Tigard. OR 97223
ENCROACHMENT AGREEMENT
LOT 26 OF PEBBLECREEK NO. 2
THIS AGREEMENT entered into this day of • 1995 between the CITY OF
TIGARD (hereafter "City") and Costa Pacific Homes (hereafter "Owners ").
WITNESSETH:
That the City, its successors and assigns. hereby grants, bargains, sells, and conveys unto the said Owners
and their assigns, the right, power, and authority to lay down, construct, and perpetually maintain a
portion of a building on that certain foundation corresponding to the plot plan attached hereto,
encroaching on the easement held by the City, . said easement being over the following described
Property:
The northerly 7.5 feet of Lot 26, Pebblecreek No. 2 Plat, as recorded in Plat Book 97
Pages 21 & 22 of plats, Washington County Records.
In consideration of which Owners and their assigns, hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access to and repairing the public utility lines due to the encroachment
on the easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment;
4. The City may determine in its sole discretion, the materials, means, and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses 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. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
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 Owners.
Page l of 2
It is fu covenanted and agreed between the parties here tir heirs and assigns, that this agreement
shall conunue only so long as the encroachment is constructed in conformance to the plot plan and
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non- conformance to the plot plan or discontinuance of such use.
IN WITNESS WHEREOF, I hereunto set my hand on this day of , 19
Name of Corporation Signature
Address Title
•
Signature
•
Title
STATE OF OREGON )
)ss.
•
County of Washington )
•
This instrument was acknowledged before me on (date) by
(name(s) of person(s)) as
(type of authority, e.g., officer, trustee, etc.) of
(name of party on behalfof whom instrument was executed). •
Notary's Signature
•
My Commission Expires:
In accordance with Resolution No. 95 - of the City of Tigard
City of Tigard.
13125 S.W: Hall Blvd. City Administrator
Tigard, OR 97223
•
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledged before me on (date) by William A. Monahan as
City Administrator of the City of Tigard.
Notary's Signature
My Commission Expires:
•
•
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RECEN'
PACIFIC SEP 0 1 1995
HOMES COMMthiTh .
• September 1, 1995
Mr. Michael Anderson
City of Tigard •
• 13125 SW Hall Blvd.
Tigard, OR 97223
• Re: Pebble Creek Phase 2, Storm Drainage Easement between lots
25 & 26, REQUEST FOR ENCROACHMENT
Dear Michael:
Thank you for meeting with Jack Carlson of OTAK and myself this past
Tuesday, 29 August 1995 to discuss the subject issue. Presently, Jack is in _ •
the process of submitting a lot line adjustment for the property line between
lots 26 & 27 of Pebble Creek Phase 2. You indicated your endorsement for
this proposed application.
In concert with this request, we discussed the need to encroach the storm drainage
-easement to the north of lot 26. The attached drawing shows our proposed request.
As a result of our sale of a plan 142B on lot 26, we would need to encroach into the
easement (from a southerly direction) by 0.9'. This minimal encroachment involves -
only a cantilevered bay window. The footing would not necessitate encroachment into
the ground.
Thank you again for your consideration. Please if possible, expedite the approval of
this request so we may confidently proceed with our building permit application and
construction start.
Sincerely, •
COSTA PACIFIC HOMES
a
• David L. Hubbs
Construction Manager - •
•
8625 SW Cascade Ave, Suite 606
• ,Beaverton, Oregon 97005
Phone: 503/646-8888 •
FAX: 503/646-7840