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86-023360 CITYOF TIIFARD OREGON 25 Years of Service 1969-9986 September 10, 1986 James B. Neuman Wester} International 618 N.,W. Glisan, Suite 300 Portland, OR 97209 Subject: Permanent Storm Drainage Easement Portion of Tract "A", "Tech Center Business Park" Dear Mr. Neuman: Enclosed is a recorded copy of the above-mentioned document that the Tigard City Council recently accepted. If you have any questions, please contact the City of Tigard Engineering Department. Sincerely, koree. R. Wilson City Recorder cc: Engineering Dept. Records Dept. LW:cw/4143A 13125 SW Hall Blvd. P.O. Box 23397, Tigard Oregon 97223 (503)639-4`171 7.2 Receive and File Community Development Land Use Decisions ✓ 7.3 Accept Tigard Christian Church Sanitary Sewer Service Agreement Authorize Signatures ✓ 7.4 Accept Circle AW Products Company b Western International Properties Permanent Storm Drainage Easement 7.5 Approve Street Vacation Public Hearing - 99W Frontage Road - Resolution No. 86-28 7.6 Approve Intergovernmental Agreement With Washington County And Authorize Signatures - Dog Control 7.7 Approve Conditional Acceptance of Sanitary Sewer Improvements - Hall Blvd. Baptist Church - Resolution No. 86-29 7.8 Approve Reduced Sale Price Of Blueline Quarter Section Maps - Resolution No. 86-30 7.9 Ratify Phone Poll Approval Of OLCC Renewal Application: o K.C. Deli, 15943 SW 72nd Avenue, RMB Application a. Motion by Councilor Brian, seconded by Councilor Edwards to approve with the exception of 7.2 which is removed for discussion. Approved by unanimous vote of Council present. COIJNG'ILOR BRIAN LEFT MEETING - 7:28 PM - Lost quorum. Mayor noted that the meeting would proceed with review of the action items and formulation of recommendations. Final action would be taken upon the return of Councilor Brian. b. 7.2 Receive and File Community Development Land Use Decisions Mayor Cook noted several people were in the audience to discuss their concerns about this land use decision, SDR 5-86 Equities Northwest (Burger King), located at the SW corner of Scholls Ferry Road and Nimbus Avenue. Legal Counsel stated Council should not hear testimony regarding this issue since it could be appealed for a public hearing later before the Council. City Administrator recommended the citizens contact the NPO in the area and study this issue with them. Community Development Director was asked to go out of the meeting with the citizens and discuss this process with them. COMMUNITY DEVELOPMENT DIRECTOR left meeting - 7:35 PM 8. PUBLIC HEARING - SOLID WASTE RATE INCREASE PUBLIC HEARING A proposed rate increase by the three garbage hauling franchisees whi~,:h serve Tigard (Frank's Miller, and Schmidt's). A recommended irnc:rc?.rSe Of 16.5% was received from the Tigard Utility and Franchise Committee Lind will be considered along with testimony received at the hearing. a. Public Hearing Opened b. LaValle Allen, Chairman of the Utility & Franchise Committee, presented the synopsis of the study completed by the CommiLLeo and recommended increasing the rates by 16.5%. Page 3 COUNCTI._ MINUTES - MARCH 10, 1.986 13.00 CORPORATION 8 6 0 2 3 3 6 0 PERMANENT STORM DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WESTERN INTEF ATIONAL PROPE r1ES, a joint venture cmiposed of I.L.C., Inc., a Washin n corpora on, an indi 'dual. hereinafter called the Grantors, in consideration for the sum of nn dollars ($.00 ) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground storm drainage line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the following described parcel of land, pitua;ed in the City of Tigard, Washin ton Co nty, State of Oregon: Exhibit "A attached hereto and incorporate by rederence. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated in this .easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee,; its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in the 'case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned corporation has caused this easement to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. Dated February 14, 1986. I.L.C, Inc, a Washington corporation James , individually Name of Corporation Corpo ate S al By: STATE OF OREGON ) By: ss. Secretary County of Weehlegeen ) Multnomah Personally appeared James B. Neuman ae4- who, each being first duly sworn, did say that the .former is the General Manager, Oregin ppe& a 4*t4er -mss tfie- -&f- I. L. C. , Inc. a corporation, and that the seal affixed to the :`foregoing instrument is the corporate seal of said corporation and that sa'dt>,'instrument was signed and sealed in behalf of said corporation by :.a' -0 t; ',of its board of directors; and each of them acknowledged said u-instrument 'tp be its.voluntary act and deed. Notary Pu lic or Oregon ,(.NO~PARIAL SEAL) My Commission Expires: 1-2/7-88 Approved.. as to form this day of By it Attorne - City of Tigard Approved as to legal description this . f 19R,l. By: 1/0 / J t Ci Sagfie rr My Tigard -I C, Approbek thl day of (a:Ll~ , 19~. CITY COUNCIL, CITY OF TIGARD ~lr By: ity Recorder'- City of Tigard • EXHIBIT A ROA:,i( M. SCHLEINING Prasiden► AND ASSOCIATES, INC. ENGINEERs SURVEYORS January 28,1986 "STORM SEWER EASEMENT" An easement for storm sewer over and across a'portion of that property recorded as FEE 81-635898 and over•a portion of TRACT "A", "TECH CENTER BUSINESS PARE" situated in the Southwest one- quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon , being 7.50 feet on each side of the following described center-line: Commencing at the South one-quarter corner of.Sectionl, Township A. South, Range 1 West; thence North 65'°45'11" West, along the South line of said section, a distance of 135.17 feet; thence North 41°39'21" West, a distance of 510.23 feet: thence South 4"!°11'52" West, a distance of 35.2 feet to a point on the center- line of an existina 18 inch (inside diameter) corragated metal pipe and the TRUE POINT OF 6ECINNING of the herein described center-line; thence North 47°1.1'52" East, a distance of 93.8 feet to a point on the center line of an existing 24 inch (inside diameter) concrete sewer pipe and the terminus of said center- line. EXCEPTING THEREFROM that portion lying within the bounds of the SOUTHER14 PACIFIC RAILROAD right-of-way. REGISTERED PROFESSIONAL LANDS Y4 YOR OREGON JULY 17, 1961 BRADLEY S. SCHLEINING 1953 4230 N.E. FREMONT STREET PORTLAND. OREGON 97213 PHONE 284-5896 S. W TECH CENTER DRIVE A CT „A Existing 24 "GS P. 85'88 S. 89 003 `00" W. h FEE 81-035898 E; 44110 r'0 Existing 18"C.M.P. 135.17 N. 89 °45'll "N~' 5,114 C OR. SEC. 1, T: 2 S, I r I -SET BRASS SCREW o SET 5/6'k30". IRON ROD FOUND BRASS SCREW FOUND MONUMENT AS NOTED A SKETCH OF A STORM SEWER r, r T-• -EA L n( u= WB.Wf and ak~soCl~ff C. IN THEE 1/4 OF SEC. I ,T.2 S., R. / WM. SURVEYORS`~...L~ COUNTY OF WASHINGTON , STATE OF OREGON 4230 N.E.FREMONT "BEET DATE- 1-28-86 SCALE : I 20.' PORTLAND. OREGON 97213 BASIS OF BEARINGS ;'!TECH CENTER BUSINESS PARK" Phone: 284 /j STATE OF OREGON 3 FILE 84-370 County of Washington ~ SS I, Donald W. Mason, Director of Assessment and Taxation 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 of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk 1905 JUN ~3 P