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85-044009 CITY OF TN WASHINGTON COUNTY, OREGON December 23, 1985 Mr. Raymond Feichtmeir & Mr. Frank M. Warren, Jr. 2310 N. Kerby St. Portland, OR 97227 RE: 69th /Parkway LID Enclosed are copies of the recorded Permanent Slope Easement & Warranty Deed for the above mentioned project. If you have any questions, please contact the Tigard Community Development Department at 639 -4171. Sincerely, Loreen R. Wilson Recorder lrw/3558A ii • Enc. CC: Duane Roberts • I • �� -- — 12755 S.W. ASH P.O. BOX. 23397 TIGARD, OREGON 97223 PH: 639-4171 ---- - -• - -' % t /SS CS V a d7*,,sw� w OJ 11. 911 REVENUE REPORT & RECOMMENDATION a. Councilor Edwards stated he had met and worked with the Tualatin Rural Fire Protection District and noted a formal report would be coming soon. He felt TRFPD technically could handle the job. He . did note that though he does not feel the City is overcharged for the 911 service, it is still an issue to be further studied and stated he would be working on a formula for the distribution of the tax dollars. The fire district has now installed better reporting equipment which will allow more data to be collected detailing the City's use of the 911 center. b. Council expressed appreciation for the time spent by Councilor Edwards and the TRFPD staff. Consensus was to have Councilor Edwards continue to work on this project and periodically report to the Council. Councilor Edwards stated he plans on meeting more with the Chief of Police for Tigard and have him aware of this study also. 12. 68TH & PARKWAY STREET LID DISCUSSION a. Keith Thompson, Cooper Consulting, stated he was the project engineer and noted several revisions have occurred in the plan since Council saw it last year. He felt the revisions could increase the cost of the project by 23% to 2.5 %. He noted the tentative schedule for bid call was to advertise on 11/7/85, open bids on 12/5/85 and hopefully have Council award a contract on 12/16/85. Mr. Thompson requested Council approve the following documents which are needed before the can proceed noting that the Pollock papers would not be able to be recorded until the mortgage release information is obtained by staff. Permanent Slope Easement and Warranty Deed from Raymond Feichtmeir and Frank Warren Jr. - Permanent Slope Easement and Warranty Deed from Donald Pollock. b. Motion by Councilor Brian, seconded by Councilor Edwards to accept and approve the mentioned documents. Approved by unanimous vote of Council present. c. Mr. Thompson requested approval to call for bids on the project. d. Motion by Councilor Brian, seconded by Councilor Edwards to approve call for bid. Approved by unanimous vote of Council present. 13. RETIREMENT LEAVE POLICY a. Legal Counsel reported that staff was wishing to develop some interim guidelines for retirement leave with a sunset clause to be terminating by 12/31/86. This would allow sufficient time to develop permanent policy and still address the retirements that occur before then. Page 6 — COUNCIL MINUTES -- OCTOBER 28, 1985 - v ° 8544009 -11 r INDIVIDUAL - GENERAL PARTNERSHIP r PERMANENT:SLOPE EASEMENT ( f F KNOW ALL MEN BY THESE PRESENTS THAT Raymond A. Feichtmeir and Frank M. Warren, Jr. hereinafter called the Grantors, in consideration of the sum of $1.00 dollar and other good and valuable consideration by the City of Tigard, hereinafter called Grantee, have granted and conveyed and by these presents do grant and convey unto the City of Tigard, a perpetual easement for the construction, maintenance and repair, with necessary access there- to, of a slope, cut or fill, occasioned by the construction, operation and maintenance of a public road and appurtenances within the following des- cribed parcel of land, situated in the City of Tigard, Washington County, State of Oregon, and being more particularly described as follows: Parcel I A parcel of land in that part of the Southeast Quarter of Section 36, Town- ship 1 South, Range 1 West, Willamette Meridian in the City of Tigard, Washington County, Oregon, described as follows: Commencing at an old 3/4 inch pipe called the point of beginning of County Recorder's Fee No. 80 -14679 of parcel III; thence along the east line of said parcel III, also being the west line of a parcel described by County Recorder's Fee No. 82 -3895, on a bearing (basis of bearings is the Oregon State Plane Coordinate System) of South 01 degrees 47 minutes 04 seconds West a distance of 618.87 feet; thence North 87 degrees 54 minutes 28 seconds East a distance of 85.36 feet to the point of beginning of the slope easement to be described; thence North 24 degrees 24 minutes 09 seconds West a distance of 48.62 feet to a point; thence North 22 degrees 46 minutes 05 seconds East a distance of 134.91 feet to a point; thence North 01 degrees 47 minutes 04 seconds East a distance of 101.45 feet to a point of non - tangency; thence along the arc of 369.50 foot radius curve to the left, through a central angle of 41 degrees 19 minutes 12 seconds, an arc distance of 266.47 feet (the chord bears North 18 degrees 52 minutes 32 seconds West 260.73 feet) to a point of tangency; thence North 39 degrees 32 minutes 08 seconds West a distance of 30.33 feet to a point in the west line of the land described in County Recorders Fee 82 -3895; thence, along said west line, South 01 degrees 47 minutes 04 seconds West a distance of 15.15 feet to a point; leaving said west line, South 39 degrees 32 minutes 08 seconds East a dis- tance of 18.96 feet to a point of curvature; thence along the arc of a 359.50 foot radius curve to the right, through a central angle of 73 degrees 29 minutes 15 seconds, an arc distance of 461.09 feet (the chord bears South 02 degrees 47 minutes 30 seconds East 430.13 feet) to a point of reverse curve; thence along the arc of a 256.48 foot radius curve to the left, through a central angle of 02 degrees 27 minutes 54 seconds, an arc distance of 11.03 feet (the chord bears South 32 degrees 43 minutes 10 seconds West 11.03 feet) to a point of compound curve; thence along the arc of a 47.00 foot radius curve to the left, ' t'hrough a central angle of 123 degrees 34 minutes 45 seconds, an arc distance of 101.37 feet (the chord bears South 30 degrees 18 minutes 10 seconds East 82.83 feet) to a point in the north line of the Oregon Department of Transportation's right -of -way as described in County Recorder's Fee No. 80- 22549, said point being the point of beginning. Containing an area of 0.2 acres, more or less. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil, nor any other rights except those expressly provided, however, that such use shall not be permitted to damage or destroy lateral support to the highway, and provided further that nothing herein contained shall grant to the City of Tigard the right to excavate beneath existing building or deposit fill materials against existing buildings above the top of the foundations thereof, but is understood and agreed the City of Tigard shall never be required to remove the dirt or other materials placed by it upon said property, nor shall said City be subject to any damages to the Grantors, their heirs and assigns, by reason thereof, or by reason of the slopes constructed thereon, or by reason of change of grade at the street or highway abutting on said property. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said road 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 any such event. TO HAVE AND TO HOLD the above - described and granted premises unto said Grantee, its successors and assigns forever. The Grantors, do hereby covenant to and with the City of Tigard, that they are the owners in fee simple of said premises; that the above described property is free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever, with the exception of the instruments listed below and any matters which would be disclosed by a survey or inspection of this property. 1. Restrictions and limitations of access created by: a. Deed from State of Oregon to PGE recorded January 29, 1962, Book 456, Page 434, Washington County. b. Deed from PGE to State of Oregon, recorded December 4, 1980. _. 2.. Easements reserved in the followimg deeds: a. OEA to State of Oregon, June 27, 1980 (slope) b. OEA to State of Oregon, June 27, 1980(Drainage) c. Oea to State of Oregon, July 1, 1980 (slope) d. OEA to Feichtmeir and Warren, February 17, 1982 (sign) 3, Conditions and restrictions as disclosed by Contract of Sale from OEA to Feichtmeir and Warren, February 17, 1982 2 l ss IN WITNESS WHEREOF, the grantor(s) has (have) h reunto set his (her) (their) hand(s) and seal(s) this 2 S day of Q/ L , 1985. l . (SEAL) (SEAL) (SEAL) STATE OF OREGON ) )ss COUNTY OF WASHINGTON) ,4p1.4.;,( �S , 1985 A Personally appeared before me the above named i AC-, �- -/ 01 . ��/ 7 i_) / /1-/ . �i/ 4'r Lr�". qa ^3n1fa�.� who executed this instrument and each of them acknowledged to me that t;hi °sjkip � 'd >; ry 'h 4 A1� ^,i 0 instrument was executed voluntarily and freely. 1 ' qq,,.. s f; * ' "!'i; y _ Fl y:.•, • , r (NOTARIAL SEAL) Notary Public for Oregon t��l ? , �`�� My Commission expires 0'3/ u Approved as to form thi s 'Z day of 0 , 1985. g � 1��J� C y Attorney - City of Tigard Approved as to legal description this �¢ d � ay of 65 1985. / r: By: / City . -- - City of Tigard j 4,. ccep�t'ed' by the City Council this - "day of c , 1985. CITY COUNCIL, CITY OF TIGARD, OREGON 411 e , t a'� '�� - Fyy ©�?o`�. `.: City Recorder - City of Tigard • , - - - • - • . .. .. - - •, • , R//rr- OF-WAY MAP • TAX LOT /01 / S / 360A WAS/-11A.16TON CO. ORE40A1 AA , . 03,-,,. r I „ / .-.--- /00 5. ea° /2 /5 E. , ,--- 723/ • -, ,-- -763.36= - , : • in , * 6 6 = /026'04-" 1- ..* 1 0 Z 2 • , A = - 87 54 R = 299.50' ' 15./5' i R 256,.48' L 32/. /..3 ..t _ C = N. /°47'04"E \ 0 / , I /02 DA L 7 / / . 03 30.5.97 4 ::i ' 30.3' /1.05' • . 'N .:;;::.. ei ;i:::•;:i::i. ::::. R= 47.00 a% ::.:.:.-::::::::::::::::. '. :::::. L = /0/.37 . •:;::::::::•.:-:::.:: C=3. 30 /8 /0 5 0 . :::::": 0 , 61 .:::::?::::::::::::::::...:::. ....- ::::::::::::::::.::::::::::..:: 82.83 FEE No. • ' 6= 73 /5 '1 .:::::.:.:.:::...::::.:.:.:. .. -.- -.::::::::::::::::•:::::::::::::\ 82- 3895 • e I, . PARCEL. 8 I? = 359.50' .--,, , ;I:II:W:.•::::: . " - ';:::':. PARCEL A , ° 0.20 AC 2.` ..--'‘/ : :: : M:4, : iiN. 1 : • 458 AC* , L. 46.1.09 , 4 ,I. . ./ *::::;::;:::::,::::.::::::::': • • - C = S. 2 47 30 E. ' ,/,,•;::•:-.•:•::::::::::::::; 41 /9 /2 430./3 "•-.- gi - -- 14- ' :•:•:...:•:•:::.::::•:•••••:::. R = 360 50 0 FEE No N , (-% •::::::::::::::::::(2). i L Z 80- / 414,79 ea /.;.iA 66 47 . • , ,, 24,0.73 ' 6° ›....... . 0 . -', :i;:• . N. 1 47 04' E. ' . ;i • 'Cc' .:::•:•:•:•:•• ::::::::::::::. ,: i Pt Cal- .r • .- ;: . . 20 AC :It . 4Z..1 FEICHTME/R e . O. E.A . ,I, ...i WARREN 2300 DA f.. w_",.....,.., 101 DA . .•..........„ .........•.•... • ...... ....... ..... .... ):::::::::••.-"•::::. „\ 4 4:•0: :s .:: : 7 : - N. 22 46 05"' E. i \ I . ' .ir.::::::::::: • :::: .::•.::: N.24 24' 09 48.62 - : CI . , ATLANTA sr N . 5428 E. ::::••:::::::::::::.:.:•:•:•:•:.... (HAINEs) _—_ _____ — _ --- , J., .5.- . 24-8.6 . • STATE OF OREGON / SS County of Washington I, Donald N,. iviasop; pjrector of Assessment and TaxatiomzencnEx-Offidio''Readrder of Con- veyances for said „colifity; do liefeby - certify that the within ' instrument of/writing was received and recorded ir records of *Sa,id County. 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