77-575
19. ZONE CHANGE Request Hallberg&_, In_- ~ for a zone map amend-
ment to change the zoning designation from Washin ton County RU-4.
to City of Tigard R-7, (Single Family Residential) for a 9.15 acre
parcel between SW Sattler and SW Durham Road-,on Hall Blvd.
(Washington County Tax Map 2S1 11D, Tax'Lot 1300),
(a) Planning Director reviewed history.-of request and stated the
Planning Commission recommended approval,
(b) Consideration by Council.
(c) Ordinance No. 77-80 ORDINANCE ADOPTING FINDINGS.WITH RESPECT TO
AN APPLICATION BY HALLBERG HOMES,. INC. FOR
AN AMENDMENT TO THE 1970 ZONING MAP OF TIT. CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A
TRACT OF LAND DEPICTED ON WASHINGTON COUNTY
TAX MAP 2S1 11D AS TAX LOT 1.300 , FROM WASH-
INGTON COUNTY RU-4 TO CITY OF TIGARD R-7
SINGLE FAMILY RESIDENTIAL AND ADOPTING
EXHIBITS "A", "B", AND "C'► , GRANTING THE.
APPLICATION AND FIXING AN EFFECTIVE DATE.
(d) Motion to adopt; Councilman Scheckla, seconded by Councilman
Wakem.
Planning Director recommended ordinance be amended - Section
2, item 1 amended from requirement of 10.foot right-of-way to
a 15 ' foot right-of-way,
Motion by Councilman Wakem, seconded by Councilman Cook, to
amend ordinance as per staff's recommendation.
Motion to amend approved by unanimous vote of Council pre-
sent,
Ordinance No. 77-80 approved, as amended, by unanimous vote
of Council present.
20. ACCEPT AND AUTHORIZE EXECUTION BY MAYOR AND CITY RECORDER
(a) Sanitary Sewer Easement - 72nd Business Center - Associated
Computer Services and Ace Electric Co,
Storm Sewer Easement- Ralph and Barbara Peters, 9275 S.W. Electric
(1) City Administrator recommended approval.,
(2) Motion by Councilman Wakem, seconded by Councilman
Scheckla, to accept and authorize execution by Mayor and
City Recorder of the sanitary sewer easement and storm
sewer easement..
Approved by unanimous vote of Council present,
21. 72nd/217 INTERCHANGE IMPROVEMENT
(a) City Administrator stated he had contacted DEQ staff regarding
pollution levels - DEQ is conducting a study at this time and
will report findings to City in near future
Page 6 - Regular Meeting Minutes, August 22, 1977
~'4E= IV N_v
( J
r `1 ly!! 171Jr75~., Project:
Easement;
CITY OF TI.ARD
Deed Refer^t,ce:
KNOW ALL MEN BY THESE PRESENTS: That we (1)
RALPH J. PETERS and BARBARA A. PETERS
harei.nafter termed grantor (s), in consideration of the sum of $i-00 to b Fai.d by CITY OF
TIGARD, a municipal corporation of Oregon, hereinafter term=d th,2 CITY, h_zrr-by grant, bargain,
sell and convev unto the CITY OF TIGARD a.perpetual right--ot-way and easement as hereinafter
described, together with a temporary right-of-way and easement to use an additional area herein-
after described and designated temporary easement, for the foll.owi.ng us:s and purposes!
1, Perpetual easement:
An unencumbered perpetual right-of-way and easement for the pi:.rpose of constructing,. re-
constructing, operating, maintaining, inspecting and repairing of an underground
storm sewer and appurtenances, together with the right to re.mOve, as necessary,
vegetation, foliage, trees and other obstructions within the easemr•.nt area, but reserving
to the grantors the title to the lands., subject to the easement, and the right to makc
such use thereof, except to construct buildings, as will not interfer .with th.e.uses and
purposes of the easement.; said easement area being five feet on each side, when measur-
ed at right angles, of the following described center line:
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION.
2. Temporary easement!
Togi=ther with thr temporary right of ingress, egress and regress, and use for said
construction purposes, of additional lands
lying parallel to, along the sides and within feet, when measured at i:i.ght. angles,
of the above described perpetual easement area, expecting 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 a 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 the neat and workmanl.ikc- condition
The,City agrees that in connection with its use of the perpetual easement area and .in.inspL-cti:ng,
repairing, maintaining, or replacing said underground, the City will leave the
premises in aneat and workmanlike condition and as near~the pre existing state as
practicable.
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 10th day of August__, 1.9 77
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
BOOK 11.96 PAGE 632
STATE OF OREGON )
. ° ) si.,
County of Washington )
On this 10th day of August 19 77 personally appeared the above
named j~PH J. PETERS and BARBARA A. PETERS
and acknowledged the foregoing instrument to be their voluntary act and deed.
Be a me:
ary P c fQZ egoh
my Co. issi n xpir s: 10/22/79
ACCEPTANCI E
The City above named hereby accepts the fgrego~ng grants and agrees to comply with each
and every term and condition thereof.
CITY OF ARIA
By:,
CO~e.n u/ ~n PSs C~Ba~.
By C 6-~c c.o
City'Recorder
STATE OF OREGON )
ss.
County of tj as ~ . )
On this -1, day of 19before me appeared
f f ~@a ~~C G1 B S o-~_ and o r~ n
both to me personally known who, being duly sworn, dtd -say that he, the said
-
~uctnc. t 1-4, L-S' ale h
A/,., is the -4aya-r-, andshe, the said res
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said c~ n /S0"- and ce.-bc
acknowledged the 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 yeat-in ,tUAsI,,my certificate first written,
ara y' u io for Qregon
Page~3
Easement.,-'-,
y cam fission e?cpire's
BOOK 1196 PACE M
5'753
"EXHIBIT A"
An easement for sewer purposes being a portion of Lot 5, Second Electric
Addition to Tigardville, in the City of Tigard, Washington County, State
of Oregon, described as follows:
Beginning at the Southeast corner of said Lot 5; thence Northwesterly
along the Southwesterly line five feet to a point; thence Northeasterly
along a line parallel to and five feet distant Northwesterly from the
Southeasterly line of said lot to a point on the Northeasterly line of
said lot; thence Southeasterly 5 feet to the Northeast corner of Lot 5;
thence Southwesterly along the Southeasterly line to the point of
beginning.
STATE OF OREGON
County of Washington SS
I, Roge; 4thomssenpDiraotor of Records
and Elections ands Ex-Offieio,;'Reearder of Con-
veyanees foi °said ;county,; #a; lie bV pertify that
the within +jistrument= -of °writing~vvas received
and recorded in- t, k of records
No.
of said,~Cojjnty`
Witness myrand aad.,seaieffizacY
RQGER, THDIVISSEN, ; Director of
Records Sc Ete~tio
eputy
BOOK119e pAGE634 11N'U&CEU SEP 1 1101 AM'77