86-002742 411) v
' 1
CITY OF TIGARD
WASHINGTON COUNTY, OREGON
March 17, 1986
Mr. Don Pollock '
10211 SW Barbur Blvd., Suite 202A
Portland, Oregon 97219
Re: Permanent Slope Easement & Warranty Deed
Dear Mr. Pollock:
The Tigard City Council accepted the above noted easement and deed on SW 68th
Avenue. Enclosed are copies of the recorded documents for your files.
If you have any questions regarding this project, please contact the Community
Development Department.
Sincerely,
(I ;
Loreen R. Wilson
City Recorder
lrw/3585A
Enc
CC: Duane Roberts
1 1
12755 SW. ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639 -4171 - - --
it, ISS ,s- a.
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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 25 %. 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 project 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
86002742
4.
INDIVIDUAL- GENERAL PARTNERSHIP
PERMANENT SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Donald E. Pollock, hereinafter
called the Grantor, 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 thereto, of a slope, cut or
fill, occasioned by the construction, operation and maintenance of a public
road and appurtenances within the following described parcel of land,
situated in the City of Tigard, Washington County, State of Oregon, and
being more particularly described as follows:
That part of the Southeast 'Quarter of Section 36, Township 1 South, Range 1
West, Willamette Meridian, in the City of Tigard, Washington County,
Oregon, described as follows:
s
Commencing at an old 3/4 -inch pipe called the point of beginning of County
Recorder's Fee No. 80- 14679, parcel III; thence along the north line of
said parcel III on a bearing (basis of which is the Oregon State Plane
Coordinate System) of North 88 degrees 12 minutes 15 seconds West a dis-
tance of 78.36 feet to the point of beginning of the land to be described;
thence along the arc of a 340.00 foot radius curve to the right, through a
central angle of 37 degrees 03 minutes 50 seconds, an arc distance of
219.94 feet (the chord bears North 16 degrees 51 minutes 59 seconds West
216.13 feet) to a point of tangency; thence North 01 degree 39 minutes 56
seconds East along a line parallel with east boundary of Lot One of the
recorded Plat of "Way Lee" a distance of 341.20 feet to a point of
curvature; thence along the arc of a 280.00 foot radius curve to the left,
through a central angle of 21 degrees 47 minutes 16 seconds, an arc dis-
tance of 106.47 feet (the chord bears North 09 degrees 13 minutes 41
seconds West 105.83 feet) to a point in the east line of Lot One of the
Plat of "Way Lee "; thence along the forementioned lot line North 01 degree
39 minutes 56 seconds East 9.27 feet to a point; thence South 87 degrees 42
/-4
•
minutes 27 seconds East a distance of 7.03 feet to a point of non - tangency;
thence along the arc of a 290.00 foot radius curve to the right, through a
central angle of 22 degrees 57 minutes 33 seconds, an arc distance of
116.21 feet (the chord bears South 09 degrees 48 minutes 50 seconds East
115.43 feet) to a point of tangency; thence South 01 degree 39 minutes 56
seconds West a distance of 169.00 feet to a point; thence South 24 degrees
58 minutes 03 seconds East a distance of 58.00 feet to a point; thence
South 65 degrees 01 minutes 57 seconds West a distance of 29.09 feet to a
point; thence South 01 degrees 39 minutes 56 seconds West a distance of
107.32 feet to a point; thence South 32 degrees 50 minutes 00 seconds East
a distance of 46.50 feet to a point; thence South 59 degrees 39 minutes 56
seconds West a distance of 26.16 feet to a point of non - tangency; thence
along the arc of a 330.00 foot radius curve to the left, through a central
angle of 29 degrees 17 minutes 42 seconds, an arc distance of 168.73 feet
(the chord bears South 22 degrees 04 minutes 49 seconds East 166.89 feet)
to a point; thence North 88 degrees 12 minutes 14 seconds West a distance
of 12.66 feet to the poi'pt of beginning.
5
Containing an area of 0.189 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 per-
mitted 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 buildings 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.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her)
(their) hand(s) and seal(s) this .23 day of 62.14 , 1985.
(SEAL) .00-7 /dE (SEAL)
(SEAL) (SEAL)
...,Vez-e-r
FORM No. 159— ACKNOWLEDGMENT BY ATTORNEY -IN -FACT.
STATE OF OREGON,
ss.
County of Washington J
On this the 2 3rd day of October , 19 85 personally appeared
M. L. KING
who, being duly sworn (or affirmed), did say that he is the attorney in fact for
Donald E. Pollock and
that , ted, foregoing instrument by authority of and in behalf of said principal; and _.She acknowl-
edged 'said instruinent,t9 be the act and deed of said principal.
Before me j
ei 2 ....(Official Seal)
(Signature)
Notary Public for State of Oregon
-
My mmissro: . ? - T;es20/85
oo
�rtle of- Officer)
Approved as to form this 2 , day of C ,,_ , 1985.
By: ,,digi
CO Attorney - City of Tigard
Approved as to legal description this Z..- of J -7O 66, , 1985.
BY: A/ ./ .I
City City of Tigard
J
;f; ,••�� t • i ri • Ac _ c by the City Council this 4- �
day of a i Q 1985.
�� "...., • ' CITY COUNCIL, CITY OF TIGARD, OREGON
B 4 (...,k)
4/ 1� City Recorder - City of Tigard
5
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" FORM No. 654 — GENERAL POWER OF ATTORNEY —(Short Forrg], L \ ) �ry JUl71(_ �y` . �T �(tyw��
_.- ..__..-. .- -_ _._._ - -. -- tia �. , 3_3 / 5T,_V L'NS -N E55 l -FW P_II L +S yIry�t �TL (�i' �
■ l.- -K [ bU ' iSL -- i
DONA . POLLOCK g0D09`f, 44
KNOW ALL MEN BY THESE PRESENTS, That 1,
cm . ..
6--- ave made constituted and appointed, and by these presents do hereby slake, constitute and appoint
M. L. KING
o r my true and lawful attorney for me and in nay name, place and stead, and for at use and benefit to demand, sue for, recover,
c.- `J collect and receive all such sums of money, debts, rents, dues, accounts, legacies, bequests, interests, dividends, annuities and de-
e:, a" t • stands whatsoever, as are now or shall hereafter become due, owing, payable or belonging to ore, to have, use and take all lawful
r -: ,
0 ways and means in my name or otherwise for the recovery thereof, and to compromise, settle and adjust and to execute and
,`i,,�/ deliver acquittances or other sufficient discharges for any of the same: to b.,r:.lain, contract for, purchase, receive and take lands,
. tenements, hereditaments, and accept the seizin and possession thereof :mil all deeds and other assurances in the law therefor and
to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements and hereditaments, includ-
( ing my right of homestead in any of the same for such price, upon such terms a conditions and with such covenants as my said
attorney shall think fit; to sell, transfer and deliver all or any shares of stuck owned by one in any corporation for any price and
receive payment therefor and to vote any such stock as my prose; to bargain fur, buy, sell, mortgage, hypothecate and in any and
every way and nunnner deal in and with goods, wares and inert /r,,udis,•, ..hoses in action, and other property in possession or in
action, and to snake, do and transact all and every kind u1 husim•ss o1 whatsoever nature or kind; for me and in my name and as
my act and deed, to sign, seal, execute, acknowledge and deliver all deeds. covenants, indentures, agreements, mortgages, pledges,
hypothecations, bills of lading, bills, bonds, notes, evidences of debt, receipts, releases and satisfactions of mortgages, judgments • .
and other debts payable to we and other instruments in writing 01 ,•hrdeeer kind and nature which my said attorney in his dis
cretion shall deem to be for my best interests; to have access to any safety deposit box which has been rented in my name; or
f in the name of myself and any other person or persons; to sell, discount. endorse, deliver and/or deposit all checks, drafts, notes
II and negotiable instruments payable to my order, to withdraw any ,rune s deposited in my same with ally bank and generally to
'I do any business with any bank or banker on my behalf,- also
GIVING AND GRANTING unto my said attorney lull power and authority to do and perform all and every act and thing
to hnts,,,rver r equi si tee and necessary to be done in and about the pie n ■ises, as fully to all intents and purposes as I might or could
do it personally present, with lull power of substitution and revocat hereby rrtilying and confirming all that my said attorney
or nry said attorney's substitute or substitutes shall lawfully do or cause to be done by virtue of these presents.
In construing this instrument and where the context so requires, the singular includes the plural.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on Sept, - 12 .. - , 19 -77
•.' - :1 - ..- ,,- P .de:* -- i9,-,‹
'
Do nald E. Pollock
� M Sept. 12 r9 77
ST ATE OF pEGO C oun t y o ) ss.
- Donald E. Pollock
. person a lly' - appeare the within named
- and acknowledged the foregoing instrument to he ... . .. voluntary t and deed.
Bet ore me:
ir.c. y Gt��;•J
r. � _
"'s Notary Public for Ore. on. )J /
(SEAL) ' My Commission expires . , Y �� . U
■
•
STATE OF OREGON '
Power of Attorney County of Washington SS o
T
I, Donald W. Mason,. Director of Assessment ; g
and Taxation 'and :Ez- O fficio' Recorder of Con-
veyances for sai county, do hereby certify that E •
the within of;.writing' was' received or • or
Donald E. Pollock and recordedin,. book of records of, Said :county. w o To ' M as o n 'Di of E i
- Assess mast,, and 1rTazation, Ex- o 2 L. M. G. K . v a '
, - y ^)
T R CO I RET RN O -u 1 av � ,v
A
Don a ` ca do Zoe I
102 11 S.W. Barbur Blvd. • • t
E
sui 202 1986 JA I.7 A ifs 03 n
Portland, Oregon 97219 a) r
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