7053 (b) Attorney Anderson commented he would soon be able to finalize the purchase
of land to be used for a parking lot adjacent to Cook Park.
12. RESOLUTION No. 74 -60 A RESOLUTION CREATING A CITY COUNCIL ADVISORY COMMITTEE ON
NOISE, AND DELINEATING THE SCOPE OF ACTIVITY OF SAID COMMITTEE.
(a) City Administrator requested Council bring recommendations for appointment
of committee members to next study session.
(b) Motion to adopt: Councilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
13. ACCEPTANCE OF SANITARY SEWER EASEMENTS
School District No. 23 -J - Twality Jr. High School (2) Sewer Extension
School District No. 23 -J Templeton Grade School Sewer Extension
School District No. 23 -J - S.W. Murdock Street L.I. D.
(a) Director of Public Services & Facilities synopsized locations and purpose
of easements and recommended Council accept and authorize execution.
(b) Motion by Councilman Mickelson to accept and authorize Mayor and City
Recorder to execute on behalf of City; seconded by Councilman Paterson.
Approved :by unanimous vote of Council.
14. ACCEPTANCE OF STORM SEWER EASEMENTS
Richard L. & Lee R. Miller
di /Daniels, Wiggins, Daniels Contractors
(a) Director of Public Services & Facilities requested Council accept storm
sewer easements and authorize execution.
(b) Councilman Moore moved to accept easements and authorize Mayor and City
Recorder to execute on behalf of City; seconded by Councilman Cook.
Approved by unanimous vote of Council.
15. CALL FOR SPECIAL COUNCIL MEETING November 7, 1974, 7 :00 P.M. TO CANVASS RESULTS
OF NOVEMBER 5, 1974 ELECTION.
(a) Mayor Bergmann called a special meeting to be held at 7 :00 P.M. November 7th,
1974 at Tigard City Hall for the purpose of canvassing the election results
of the November 5th, 1974 election.
16. REQUEST FOR REIMBURSEMENT FOR TOWING FEES - Jack Shaw $7.50
(a) City Administrator reported receipt of towing bill from Jack Shaw who had
to be towed out of a ditch at the corner of Johnson and Grant. Attorney
Anderson recommended Mr. Shaw submit a claim in factual form and that it be
submitted to our insurance carrier.
Council requested Mr. Shaw be notified of recommended procedure.
City Administrator reported stiff had been directed to take steps to
improve situation.
17. OTHER BUSINESS:
Mrs. Raglione: Storm Drain
(a) Director of Public Services & Facilities, Mrs. Raglione and Council discussed .
the storm drainage problem at the corner of S.W. Knoll Drive and S.W. Hall
Blvd. Director of Public Services & Facilities reported adjoining property
owner, Mrs. Summers, had given verbal permission to install a storm sewer on het
property. Staff will secure properly executed easement before proceeding with
installation of storm drainage line. Staff has requested engineer to survey
Summer's property October 29, 1974. Council concurred with staff actions.
PAGE 3 COUNCIL MINUTES - OCTOBER 28, 1974
*_r . 17053 -oject: Storm Sewer
casement: S.S. *2
_ Deed Reference: 707/132
KNOW ALL MEN BY THESE PRESENTS: That we (I)
Daniels, Wiggins, Daniels Contractors, a co- partnership
consisting of ROLLAND J. DANIELS, HAL C. WINDS, and GERALD L. DANIELS
hereinafter termed grantor (s), in consideration of the sum of $1.00
to be paid by CITY OF TIGARD, a. municipal corporation of Oregon, herein-
after termed the City, hereby grant, bargain, sell and convey unto the
CITY OF TIGARD a perpetual right -of -way and easement as hereinafter
described, together with a temporary right -of -way and easement to use
an additional area hereinafter described and designated temporary ease-
ment, for the following uses and purposes:
1. Perpetual easement:
An unencumbered perpetual right -of -way and easement for the
purpose of constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground storm sewer line and
appurtenances, together with the right to remove, as necessary,
vegetation, foliage, trees and other obstructions within the
easement area, but reserving to the grantors the title to the
lands, subject to the easement, and the right to make such use
thereof, except to construct buildings, as will not interfere
with the uses and purposes of the easement; said easement area
lying parallel to, along the Easterly side and within 5.0 feet,
when measured at right angles, of the following described line:
Beginning at a point on the Northeasterly line of Lot 5 Burnham
Tracts, a subdivision of record in Section 2, Township 2 South,
Range 1 West, W.M., Washington County, Oregon, South 45 46' East
189.4 feet from the most Northerly corner thereof; thence South
42 06' west 30.0 feet to a point on the Southeast boundary line
of that tract of land conveyed to Richard L. & Lee R. Miller, by
deed, recorded in Book 961, on Page 766 -7, in said County's Deed
Records; said point also being a point on the Southwest right -of-
way boundary line of 50 foot wide S.W. Burnham Street and the true
point of beginning of this description ;running thence South 42°
06' West 240.0 feet to the Southerly most corner of said Miller
tract of land, thence South 45 46' East 62.92 feet to the
terminus point of this description.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress
and use for said construction purposes, of additional lands
lying parallel to, along the Southeast side and within 10 feet,
when measured at right angles, of the above described perpetual
easement area, excepting and reserving to grantors the unencumbered
enjoyment, use and preservation of all structures present upon the
premises. This temporary easement shall terminate upon completion
of the construction work, at which time, upon request of the Owner,
the City will issue written release thereof.
Should it be necessary to cut and remove any brush, trees, or other
matter or materials from the easement area, said brush, trees, or
other matter and materials shall be removed and disposed of by the
City and the City shall leave the easement area in a neat and work-
manlike condition. The City agrees that in connection with its
use of the perpetual easement area and in inspecting, repairing,
maintaining, or replacing said underground storm sewer, the City
will leave the premises in a neat and workmanlike condition and
as nearly in the pre- existing state as practicable.
Page 1
Easement
BOOK' 998 f".CE ?6i
STATE OF OREGON
ss•
County of Multnomah
On this 22nd day of October 1974,
before me appeared Robert Steffen to me personally known,
who beina duly sworn did that he, the said Robert Steffens
Mar£ga Serv O cing O i cer
is the of United States National Bank of Oregon
he within named Corporation, and that the said instrument was
signed in behalf of said Corporation by authority of its Board
of Directors, and Robert Steffens acknowledges said instrument
to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed my official seal the day
and year last above written.
No tary Public for Oregon
My Commission expires /e -,,2s =7..5"
BOOK 99S PACE ?62
• 7053
The grantors do hereby warrant that they are the owners in fee simple
and have the right to grant the above described easements.
Witness our hands and seals this 4th day of October 1974
% ` ice' - : �ti (SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby subordinate to the easements above granted.
Dated this 22nd day of October 19 74 D
United States National Bank of Oregon
Mortgagee
teW(..e44/
BY
Mortgage. Servicing Officer
Title
STATE OF OREGON ) — - -'
s s , 7653
County of eti )
On this Alt- day of , 19 > , personally
appeared the above named /{'����,�.t: �� C�� A4--/---e-
and
ackno►ledged the foregoing instrument to be their voluntary act and
deed.. c
Before me:
Notary Public for Oregon
My Comadssion Expires:
®(ly, Commission Expires Sept. 10, I977
Page ' 2
Easement BOOK 998 PAGE76c�
c7
7053
STAT$ OF OREGON )
)ss.
County of )
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Public for Oregon
My Commission expires:
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY OF TIGARD
tirt) .
Mayo:
By : �u A -
City Recorder .
STATE OF OREGON )
)ss.
County of (A ) a s k )
On this dZ q day of Oc-7 , 19 7/ , before me
appeared /7,,,,,,/ /5e�q,,,,, , n and 0,-, s c4/„-,.....Z,.„,
both to me personally k nown who, being duly sworn, did say tat he, the
said - , -� is the Mayor, and he, the said
Jw y , s /!f`. ., is he Recorder of the CITY OF TIGARD, a municipal
o ° o
rporat n,, 'and the said /7 , , • Qf . o , and
- ,v, - acknowledged t e said instrument to be the free act and deed
of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year in - my cer f° - -= fir written.
I �" 4
fl - ary ' ub- ',. - con
h
y co 1 isslo es
rr�� /, /3
Filed tot reootd. -..J 19.l ot.(4-M P. i
Y Elections �� 4 4 -
ROGER THOMSSEN. Director of Records &
D epk l
,:.--,..,c,,1 99 PAGE76
�� "� BOOK 4
Page 3 "
Easement - ''
j ? r
l'
70 .53
o%
ri o
(r
ciza
`' STATE OF OREGON
1- ss
County of Washington i
I, Roger Thomssen, Director of Records
and Elections and Ex Officio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument of writing was
received and recorded in book of records
No
of said County
Witness 'my hand E nd seal affixed.
ROGER THOMSSEN, Director of
Records & Elections ,
-'Pull
Nov 1 IO 13 AH9'74 i
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