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10887 :yam ~ . °bA December 14.1974 Roger Thomssen Dept. of Records & Elections Washington County Courthouse Hillsboro, Oregon 97123 Dear Mr. Thomssen: Please record the following easement in the Washington County deed records: Easement - Knoll Drive Storm Sewer - Joseph & Beverly Summers Our check to cover recording costs is enclosed. Sincerely, CITY OF TIGARD I Doris Hartig City Reoorder DH:ps I Enclosure ~ 2 7 h,, Pro e~-~ : Knoll Drive 'Storm-Sewer ~~~5~ Easement: CITY OF, TIGARD Deed Reference:. KNOW ALL MEN BY THESE PRESENTS: That we M Joseph R. Summers and Beverley C. Summers hereinafter termed grantor(s), in consideration of the sum of $$1.00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, ereina ter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary-right-of-way and easement to use an additional area hereinafter described and designated temporary easement, 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 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 being 5.0 feet on each side, when, measured at right angles, of the following described center line within-the following designated premises: A 10 foot wide strip of.land within Lot 2 of KNOLL ACRES, a subdivision of record in Washington County, Oregon, the center- line of which is more particularly described as follows: Beginning at a point on the North line of said Lot 2, which point bears North 89028'03 East a:":distance of 122.34 feet from the Northwest corner thereof; thence running South 24043'57" West, along the herein described centerline, a distance of 91.00 feet to a point on the South line of said!. mot 2; said point on the South line of Lot 2 bears South 830 36'19" East a distance of 83.66 feet 2. Temporary easement from the Southwest corner thereof Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the sides and within "5.0 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 sewer construction work, at which time., upon request of the owner, the City will issue a written release thereof. Page 1 Easement 800 K. ®4 PAC. EcS~ 1+88'7 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 workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in 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 day of &G - 19 (SEAL) (SEAL) (SEAL) (SEAL) J (SEAL) (SEAL) For a consideration, the mortq~jge lien on the above described properties is hereby made subordinate to the easements above granted. Dated this 29th day of November , 1974 Wassinotnn Federal $aY].,nBS & Loan 11ssosiatJ-ea gagee $ f% By M7 796orge V. Maleta owar M.~ FElffies- Sr. Vice President Title Vice President-Treasurer Title STATE OF OREGON County of ss. ; r on this day of 19 . personally. appeared the - above named 30S F P11 5 U M A N D vER1fy SUj7tl S and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: k Notary P lic r egon My Commis on expires Page 2 Easement BOOK 1004 QACE328 `PIGAR -D CITY COUNCIL REGULAR MEETING, NOVEMBER 25, 19740 7s30 P.M. 1. ROLL CALLS Presents Mayor Floyd H. Bergmann; Councilmen John E. Cook, Robert " C. Moore, Alan Mickelson; Robert Adams, Chief of Police; Fred A.. Anderson, Legal Counsel; Bruce P. Clark, City Administrator;. Doris Hartig, City Recorder; Nick Hiebert, Director of Public Services and Facilities- Russel Austin, Building Official, Richard Bolen, City Planner. 2. APPROVAL OF MINUTES, November 11 & 15, 1974. (a) Approved as distributed. 3. WRITTEN COMMUNICATIONS (a) Hel4n Loberski - Gredhburg Road Tri Met Ralph Peters (b) City Administrator suggested the letter from Ralph Peters requesting reimbursement of costs be considered under other business and the letters from Helen Loberski and Tri-Met be received and filed. Council concurred with recommendation. 4. APPROVAL OF EXPENDITURES & INVESTMENTSs 5472928.02 (a) Motion to approves Councilman Cook, seconded by Councilman Mickelson. Approved by unanimous vote of Council present. 5. MONTHLY REPORTS (a) Motion to accepts Councilman Moore, seconded by Councilman Mickelson. Approved by unanimous vote of Council present. 6. APPOINTMENT - ADVISORY COMMITTEE MEMBER ON NOISE (a) City Administrator reported he had not received confirmation of acceptance from Steve Fausti, proposed 5th member of committee and Councilman Paterson stated he did not wish to serve on the committee. Councilman Paterson recommended Jim Asp be appointed and Council requested Interview Committee meet with Mr. Asp prior to making appointment. 7. PLANNING COMMISSION APPOINTMENTS (a) Councilman Mickelson reported the Interview Committee recommended the following be appointeds Lynn Wakum - Term of office expiring 7/2/75 (filling unexpired term of Alan Mickelson) Herman Porter m term of office expiring_7/2/76 (filling unexpired term of Ralph Barkhurst) (b) Motion by Councilman. Mickelson to appoint Lynn Wakum to fill his unexpired ,term and Herman Porter to complete the term of Ralph Barkhurst, who resigned 12/31/74; motion seconded by Councilman Cook. Approved by unanimous vote of Council present. 8. ACCEPTANCE OF STORM SEWER EASEMENT e Summers m S.W. Hall & Knoll Drive (a) Director of Public Services and Facilities gave status report and stated to date City staff hq not received executed easement from Mrs. Summers. City Administrator racosaaended Council, upon receipt of properly executed easement, accept and authorize Mayor and City Recorder to execute upon behalf of the City. (b) Motion by Cook, upon. receipt of properly executed easement, to accept dee icatioxn and authorize execution of easement by Mayor and City Recorder. Approved by unanimous vote of Council present. AWARD BID o Public Works Shop Building (a) City Administrator reported the following bids were submitted for the public works shop building. R.A. Gray Bid $35,631. P. 0. Box 23567 Alternate - $10489. Additional Tigard, Oregon 97223 Prequalified - Bid Bond Enclosed H & A Construction Bid - $30,802. 9095 S.W..Burnham Alternate - $1,392. Additional Tigard, Oregon 97223 Prequalified a Bid Bond Enclosed LeA jeld'Construction Co. Bid m $32,155. 2437 S.W. Seymour Drive Alternate - $1,595. Additional Portland,.Oregon 97201 Prequalified - Bid Bond Enclosed Gene H. Settergren Bid - $36,480. 1625 S.E. Woodward Alternate m $1,150. Additional Portland, Oregon 97202 Prequalified - Bid Bond Enclosed Since the bids received were higher than estimated, it was staff°s recommendation to award the contract to the low bidder, H & A Construction Co. in amount of'$32,802 and reduce the cost by approximately $1,000 through a change of work order. Any costs over-the line item budgeted amount to be utilized from the street and storm drainage line item of the Revenue Sharing budget. (b) Motion by Councilman Moore to accept bid of H & A Construction Company in amount of $30,8029 and authorize Mayor & City Recorder to execute contracts seconded by Counc+1-man,Cook. Approved by unanimous vote-of -0 &i:l present. . 10. AWARD BID o Jack Park Irrigation. System (a) Due to the various alternates in bids submitted, Director of Public Services and Facilities recommended the item be set over to next study sessiono Council concurred. 11. RESOLUTION No. 7464 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN CLYDESDALE SUBDIVISION, SUBJECT TO COMPLETION OF SIDEWALKS. (a) Motion to accepts Councilman Moore, seconded by Councilman Mickelson. Approved by unanimous vote of Council presento 12. ORDINANCE No. 74-57 AN ORDINANCE REPEALING SUB-SECTIONS 306 (f) (1) AND 306 (f) (2) OF SECTION 14.04.064 OF THE TIGARD MUNICPAL CODE, AS' RE-ENACTED BY SECTION 5 OF ORDINANCE No. 74-34 WITH RESPECT TO EXECUTION AND RECORDING OF OCCUPANCY RESTRICTIONS OF NEWLY CONSTRUCTED RESIDENTIAL UNITS, FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (a) Building Official synoposized problem with respect to recording and releasing occupancy restrictions. Staff recommended ordinance be amended to repeal recording of documents. (b) Motion to approves Councilman Moore, seconded by Councilman Mickelson. Approved by unanimous vote of Council present. PAGE 2 - COUNCIL MINUTES - NOVEMBER 25, 1974 STATE OF OREGON ) s County of Washington ) so 108-S7 • On this -29.tb day of November, a 1974 , before me appeared i Howard M Hughes and George V. Maleta both to me personally known, who being duly sworn, did say that he, the said Howard M. Hughes is the Sr-Vice President, and he, the said George V. Maleta is the YLKKXKXXXYX Vice PRES. Treasurer of Washington Federal Savings and Loan Association the within named Corporation, and that the seal affixed to said instrument is the cor- porate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and Howard M. Hughes and George V. Maleta acknowledged said instrumeat<e.o.~be the free sect and de d of said Corporation. IN TIMONY WHEREOF, I have hereunto set my han and affixed my official seal the day and year last above written. Notary ublic for Oregon BOOKIO04 PACE329 My Conmission expires 5-22-75 1 t►y - _ STATE OF OREGON ) ) s s . 1,0881' 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 By: Mayor By: City "recorder STATE OF OREGON ) )ss. County of On this y % - day of i 6;'L 19~ ';j ,before me appeared 241,, and i , - Oil 411 4 both to me pe~sonal~y k own w o, being duly sworn, did say at he, the said _ 'J VJ is the Mayor, and he, the said is he R corder of the CITY OF TIGARD, a municipal corporatio , and the said FfcL~ .-ig 0" and acknowledged tthe sAid instrument to be the free act an 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 this my certificate first written. Notary Pu li for Oregon My commission expires rc~ ~ c•~o 0 O$~ V.. Page 3 ° «o o 4_ .0 ~-*d o Eul " ~8 o oc~ Easement u, -5 4 c-2 c U 0O 3 s o: W. g~w 3° BOOK ~ d dr ~ 1004 ME330 U. ~ ~ c =W e•.~ M° 3 N U O t Z 0 ~ ~ . ~ , . . t. r- ~ ~ s~ ~ l~ d• ~ . ,~aa3 9 ` f ~rao~r- sso°z°~- ?n SEE ~,qP ' 3p1 42 4-4!a z 2.094c. Epp ` VAC C.TEQ 0 rte...- $"4g.' ~f ~ 73.06 A ~5702/~2 Ptrw, /4 3A `3 567° f3 E - 30 a' a Oj S jf, c r KNOLL 7809; q- ( ya 06 s NbT° 13'W i871 6 ~T~~€t}q` ~~OO 500 E 5 ' \ s tr ~.t1o12C3~~ Z! ~ N ' \ M z ~ \ b gp0 I- ( 1 7 t~ ~ o ✓ ~6~J-o59g 4J - ~ 1 J-" AO 1g6.t ~a6 E 66.1 ` rr C~ o s 1100 - \ Nay 12pp es M: ~E h~Ap cam" 1000 u, tg00 S 2pp ~o W S 5 6 n p x o N h ~Q z 36 ~ A8.63 n 80 50 p a,,, S`0°39E B3ag -2't 22 00 f 3 37{'C. G 1~~ N. 1 N6Oj4'Sg W 73pl0~ r, ~ ~ z Washington Federal Savings A N D L 0 A N A S SO C I AT I ON November 29, 1974 Mr. John Hagman Tigard City Hall 12420 S. W. Main Tigard, Oregon 97223 Re: Loan No. 31-1306 Joseph R. Summers Dear Sir: In accordance with your request we are enclosing herewith executed subordination of our mortgage to storm sewer easement. Very truly yours, fGiw rd M. Hughes Sr. Vice President HMH:mt cc: Washington Federal Savings 4 Loan P.O. Box 23367 Tigard, Oregon 314 EAST MAIN ST., HILLSBORO, OREGON 97123/648-4131