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85-004763 & 3477 • 85004768 • FULL RELEASE • On the 19th day of June, 1972, Bud Spezza and Carmen Spezza, husband and wife, gave the undersigned their agreement entitled "Tigard Water District Agreement of Temporary Water Connection," which was recorded in Book 874, Page 837, Records of Washington County, Oregon. The undersigned acknowledges that Agreement is fully performed and satisfied, and is therefore now cancelled. The undersigned hereby releases and quitclaims all rights in the said Agreement. Dated this 5th day of February, 1985 • �� y TIGARD WATER DISTRICT • „„ o f B Y : 0 0e94/44 4 a 7.- 5 R e ° s W ' Robert E. Santee • 10. sue .CaV•••.$ Administrator STATE OF OREGON. ss. County of Washington ) The foregoing instrument was acknowledged before me this 5th day of February, 1985, by ROBERT E. SANTEE of Tigard Water District, an Oregon municipal corporation, on behalf of the corporation. STATE OF OREGON 1 I County of Washington I SS otary ublic for Oregon I, Donald W: Mason, Director of Assessment My commission expires: 11-06-FS 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. y r. Donald - W. Mason, birector of Assessment and Taxation, Ex Officio” Co unty Clerk ';' ` 0 N c ©' • 1985 FED --8 rim l 21 3 77 TIGARD WATER DISTRICT • AGREEMENT OF TEMPORARY WATER CONNECTION We, the undersigned, Bud and Carmen Spezza , deeded owners of the property described herein, do hereby agree and consent that the meter to be installed at 14705 S.W. Sunrise Lane, Tigard, Oregon is a temporary connection only and is for our immediate convenience. It is further agreed that when a water main extension is installed along any thoroughfare, public or private, paralleling the frontage of the property described below that we, the undersigned, will pay our fair share of the total cost of the line extension and the expense of meter relocation. This is a. covenant running with the property. Beginning at a point on the east line of sections, T2S, R1W, W. M; Washington County, Oregon, which bears N. 0° 38' 55" E. 1400.0 feet from the southeast corner of said section 5; thence N. 89° 21' 05" W. 208.72 feet to a point; thence N. 0 38' 55" E. 208.72 feet to a point; thence S. 89° 21' 05" E. 208.72 feet to a point on said east line; thence S. 0° 3$' 55" W. 208.72 feet to the place of begin— ning. Containing one acre, more or less. r Date: -- / 5 7 t� STATE OF OREGON • • COUNTY OF WASHINGTON Be it remembered, that on this 19th day of June , 1972 before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Bud S.ezza and Carmen Spezza known to me to be the identical individ— uals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day last written. • C ; " • Notary Pub / lic ibr Q n My commission expires 12/1/72 • - • -. v c a I o `o a n a; s , etalif n sy } o ' �tu .. lg w F c. =':v. .. coo w . � �" so Q'1 c u oa o• - E.. 874 PAGE 37 0 0 . 13(0 W _ W L r a Q D v ° , o u o ▪ o ccsW z15 U 0 > • • • • • ' ':'_ • |` '~ ''—'' • Washington: County... HALL - . Reterda ' ,,,-5 :. : . i';',. TO- 14 AGRUBUitit - Dr TEMPORARY- ,CONNECTION - Bud •L- Carmen Spezza - ' ` . 1. ~"==" 42° =n=""°=== ' ' ' � , . � [ � . '' • • '.•. • ,',. , 0 : • ` • ' ' ,,, ? ' ..-_ .: - ^ � ` Signed . .. ` 4S | ` /vO REP| �u ECE^ 3 � ` ' |REPLY R � UESTED—_—VS� KEv�RSES|DE '-����— | ` REPLY ,^' | ~� '-- • <4x:• : '� ' � '`'. � — ^� r � ��� ' i`' �� �`� �� r'• '..,'„1".„ . '.' ,. . . r • •,,••.-:-,q•;,, •'. 7- - - ,'‘•.:-•.---- , . . ,,, • --,'.. ': , ' ' " - •-• . MAP S - LOCATION OF ''D4F,ROtrEfIENTS ,ONe ND BODNIOIES OF ' ': : ,.......7 j' .!.. • • ' . ' _;,' • , '' ' THE FOLLOWING , DESCRIB E D TRACT ..;:LAITV '''''' '-"' ; - ' - . • SECTION 5, T2S• .- Rllyr" . W g. WASHINGTON COUNTY,.., OREGON: - '. , .1 , ''''[------, -.,: -. •:, . . SCALE $ 1" j .".: '60 '."ailt'..; LEGAL 'DESORIFTION. „: • • . . ., , „ , • : . , . . . . . ..,.. . Beginning at a,pbint , On the east line of section 50 T2S, R1W, W. If; WashingtOn.. . :... - '.County, Oregon, •Ii, hiCh ',bears N. .0 38' '. 55 '! tc; 1400.0 feet from the.: southeast corner 'of s64cirtieCtion,,5,1 thence N. 89 21' 05"i,W0 20,8.72 feet to Et poinVi;:then00:: ; . . N. 'o° .38' 55 20872 .'. feet to a point; thenCe,40 89 21' 05" E. 208012, feet tix. 'a. point on said ifist. line; thence 5k1 0 38' 59' w. 208 feet to the . place 'ef:i , beginning. Containing one acre, more or less0 ' i • . • . . . . . i .;,..• " . I hereby certify 'to, the United States ''National Bank, of Oregon, that I have surveyettl. the _above described.Ocpatty and that the •improvements described hereon and shown on . the:it map are if ithin the property lines 0 . • ii • .. ' . , / --.e . - , : : ,.. ...':''. - • : , • _ ., Frederick '.. Ga,ytiii'd * .l ''..:: . . . . :. .. . . . . , . .., , . . . 208.72 .. . . , . ' • , . • 1 . . • . . . , . * . 1 , -.: . • ** : * 1.- . . . , . . N h .',.. h , ' :'. -'■, 'e' :.'' , . . to t9 : . 0 - 0 N • . N . ,-. . , • 60' . „.. 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YIrARf`.. ❑f7CCr]IJ 97 PI10h:-- ( 39 -15,4 February 3, 1976 Tir W � .nr J iotri 0, Cf ? py On thn minimum cal O" ; ^ -� . 1 . nt(2: -_' ' p0] d R7i i•.1d4. ,3 ' "f1 ;s':, �; T { , .,: }1 \'li`.1.(:3' n nr : r:',v 1. -i dhirl i1•l {• ili c. .. r (`., li.;t } ?1 , - p op "'1 "r \ own-P•; , ''11- f ,r\ . rjoe.c&)., titt'I �.71 �I r. e t• Nn 7n r+1(anl, or 0.r, :'r0r.-T 11)n ( M1 i. N,/ or 7.f0: ( ?flue ltivc ?' ) „'r . it ri'Om'rl:. • ^:\rai Ins, ni, thn lot line n'' S. W. Sunrise Lane o.. i. e or ),. (` l; o e n c h 10±, i n qn n t t', i 1 y ' f f0:l' clntr r \ ",2 .9O i...l doto.P.mitned 71 thc Ci(?n1 th )V_' *: Y;io_n c ?c? DeparlT. ', c ' sir,-r.u?n Ike r^ *.?rcen. Subject to the agreements for temporary water service attached hereto as enclosures (1) through (4) Owi; ; _; ;t pt i c<nr. _._ -- — — • ` o:i riptien.____._.Tax Lot 1400,_Map 2S .1_5 - -- —. • Au11 hors z . z:Jvc? el1' 14i r.b °•I R Robert E. Santee 'Administrator Encl: (1) Agreement of temporary water service, case of Bud and Carmen Spezza (2) Agreement of temporary water service, case of Henry C. and Margaret A. Ellington (3) Proposed agreement between Spezza, Ellington, and Tigard Water District (4) Ltr from Kenneth W. Baines to Lyle W. Banton regarding Ellington agreement Y,wy.._.c„utstWAV ' F - „ -- ._.-•c70.1".".!17a!tr.!1.a5"•. -.. • T- .. . r'?^•orW''s ••. -.r'- ,- •••c..sp. -)- .<n•_e;,,s ,.., ,•''; d; ; • 4' 1 . 30'0`.... • { 4 4 •{. ,.d / • % 4. 5'4 Ie, I 1 °J ' �,i 301 w • G S B '(.r' F y1 r) \ U \ 0 ,. . ..:)1 a I. \ . • . �' i 0 .'y • • ?r 1 I. ��� 1500 s s \ , t ' - d • ' i a /' /, 56Ac. - . 2.�.ti , t � i a\_„....Z...,--- �� F,• 1401 . (;.: a 11" I .... v' - -: D iti . • 3 - • 214.3 ;;} • w 1,- t J 6 - -- j _ i6 A � ' /' CD. 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( , H7n c1'1 '� 424 "L3 0 ', { • I. 2 500 94 4.26 - � ,O V G 244.55. •140 ;J a ` SEE MAP q.auA° • 1 . +1 2.734c V 1. • I fs) •-•,„.- .0 1 7' 44 2600 1 � 'ink I �, . j 1 - 2 S 1 4 - . • �� OI V // 91AC. • - .I V , ` \ V r.., 5 ,, ti ..e 4 p 4 1 I'j �.. 179 1, N 1 ° ' i 1 o c 2601 0 11 N 89 °37'W I � r � 2-- 148 33 _ N8 °aJ7' 1078. 2,2601 O • .r . 3E2 5 y • -'5i.8 1B • . 0 35 I I - . 3101 2 800 . .I -1 ' 111 8.20 Ac. 300 • 3002 2902 7984c. IW S6fi 4' II 380. 4. /7Ac. 3.9 /Ac 1_ ?t" ' „ I . • I_ J co 3500 . . r` - .. . • 2901 I59.e - N r.4GAc. 6 94 Ac. - I • N 0 co I W t K) N to • $ + a I Z IP w rd 89 W N m N a • n ( Z•.' . . 0-; ° n ,a _ O • . • I l e t 3201- o �' z i 0 , ' N r - N 376.16 t o ;I i� 4 0 12 - - o' ''' _ 150. h V 28(13 Ot ] Sl 1 11 t7 3 •' ," o' 3,200, 3001 ' vo u K, 2.0OAc. . . ^ - , • • • - ' ° 3��, J m .7(� �z d9Ac:,;, T§ o N v6 1 12 Wt l • a T• 7 N 2 ` ..: \� o IU5.'T4 \LO' . • 3100 i . ,:.. 12. CS Zoe • . - -- o 3 od c. > 3102 300 r 11,098 1 1 2802 2 4 • 3300 46 "L i 494 C. • 514. �_ N • N ) O .67Ac. .934c. 2 '44C. .SG II �S • _ 5 • 7 160'.•._ 1 ;'' :332.9 ... 18.6 -- �::•- 0,4.a- . 6:r4.... - s .. 7• , , a -.0 ] -Yffw'1ffYP . " .. :weft- - �~ • _ . . , ., . ;489 ' ° CIS. 1335 ' 114 ? 6.2 SUNRISE 1_ANE _ ' • . • (C.S.13,6971. . SE E' MAPS 8 100' 9 , EA 2S • 4 R ' • :' 2 1200 :.C. 2S'1 5 • ,:, . JAN2 61977 . • .I. • (503) 634=4778 BUD SPEZZA President /tea S#eefte4e4 14675 S. W. SUNRISE LANE BULL MOUNTAIN TIGARD, OREGON 97223 • July 23, 1974 • Tigard Water District Tigard, Oregon 97223 Gentlemen: T intend to build a new home for my married daughter adjacent to my residence on Bull Mountain (see attached map). When I made application for water service to my home two years ago, T was told that we could not connect to any neighbors who might be in dire need of water service. You have since allowed Ellington to hook up to our service as a con - venience to yourself so I am wondering what rationale you will use in deciding why we cannot hook up to the proposed new home from the present service even if .`t find it necessary to discontinue service to Ellington. Awaiting your reply. Your truly, Bud Spezza / cc: Ken Baines • • • T GARD WATER DISTRICT 8941 8. W. COMMERCIAL BT. TIGARD, OREGON 97223 PHONE (503) 639 -1554 July 24, 1974 Bud Spezza 14675 S. W. Sunrise Lane Tigard, Oregon 97223 Dear Mr. Spezzas Your letter of July 23, 1974 is acknowledged. A review of past commitments and agreements is in order prior to responding to your specific question on water service for a new home near S. W. Sunrise Lane. On June 19, 1972 you were granted permission to serve an existing home via a temporary connection from a main located on Sunrise Lane. (Enclosure 1). At that time I discussed with you the necessity of extending a main, at your expense, along the thoroughfare to your house if additional homes were built or if others were connected to the water system. You assured me that there were no other homes in the area to be served water nor were any new homes planned to be constructed. Within a week after our agreement was consummated I learned that there were other property owners near your home to the north in dire need of water. I believe now, as I did then, that you deceived me upon applying for the temporary connection. The Ellington's temporary connection on September 4, 1973 was for his immediate convenience as stated in the agreement (Enclosure 2) and not the Tigard Water District. Subsequently, you entered into an agree- ment (Enclosure 3) with Ellington via your attorney, Mr. Lyle W. Banton. It is your prerogative if you care to renege on this agreement. The Tigard Water District was not a party to the agreement as evidenced by Enclosure 4. The Board of Commissioners will have to approve the connection of a new home to the existing service line. Section 4 of the Rules and Regu- lations (copy enclosed) describes the procedure. The Board could approve your request or require that a main be installed along the thoroughfare in front of the new house. It is suggested that you appear before the Board at the next regular meeting on August 13th to make application for another temporary connection. Very truly yours, Robert E. Santee Encls 5 Administrator ccs lien Baines Lyle W. Banton ti* *"'die'' ;°.;' — q ` • 4 7 #404:t1 �;�; ; ? :,:, TIGARD WATER DISTRICT .., r v,, , H. ' i � + ' ' A GREEME NT OF TEMPORARY WATER C • • ONNE BT ION ;s ?`i' , ,• 1,,,:.,.•e , We, the undersigned Bud an Carmen S pezza , deeded Vi_ l- -' d rmen owners of the property described herein do hereby agree and consent that the meter to be installed at 14705 S.W. Sunrise a At ,,,,,- connection only and is for our immediateconveniencegard° Oregon is a temporary ow 'y �' h51'il 5° `;1 flit `1 0,041'' ''. �'" Va S' It is further agreed that when a water main extension is installed along any thoroughfare, public or private, paralleling the frontage of the property a'ti described below that we, the undersigned, will pay our fair share of the total i cost of the line extension and the expense of meter relocation. .;lHi•;Ce' _ • This is a covenant running with the property. tOlgi; tk. Beginning at a point on the east line of sections T2S, R1W =` 4,1k Washington Count Oregon, which bears N. 0° 8 ° W M; �� ° 3 ° 55" E. 1400.0 feet from the southeast corner rtr,:q t a of said o 5 t hence N 89° 21 0 � section N. r . " 5 ,p4,;,••••, W. 208.72 feet to a point; thence N. 0 38' 55" E. 208.72 feet to ri0 i:?�T. 1 a point; thence S. 89° 21' 05" E. 208.2 feet to a p „ Via ,;-,' thence S. 0° 38' 7 oint on said east line; ° 3 ' 55" W. 208.72 feet to the place of begin — '' g. Containing one acre �, ��;f� * �,���,:_ nin g , more or less. 1 ;` Date: Kogook .,,I . / • >_ „ °' % M� I STATE OF OREGON i4.h,° COUNTY OF WASHINGTON • 19th �a � �. 'T , . >. , Be it remembered, that on this day of June , 1972 before r me, the undersigned, a Notary Public in and for said Count and �dk appeared the within named Bud Spezza y State State, pa 0,ifx. Carmen Spezza annd d personally "° tF ual known to me to be the identical individ— .,$ s described in and who executed the within instrument and acknowledged to me a' > a�: ' °t; r, that they executed the same freely and voluntarily. 'f ti ' � f" ' a,';:.., , IN TESTIMONY WHEREOF I have hereunto set my hand and affixed official seal the ' °" day last written. ' � Vii. .. � .T „ �p 4,• i r r..l R. m..j.k • "' '" gc p.- .�� Notary Public �r n :::, 4,, - My commission expires 12/1/72 ti v u 0 ,12 _ `� - ; ;ti.. ,iii O V L _ O X vi ` L Wi - -- ti = .1 g :!., Z ` Ew C-a rn O c r ° v 0 o '3•;, . u t,� vY.4P .."'t O O O a1 , 7 T eat fir fi �` ° ' ° U E Ad O o ,' ���a 874 PN3E 7 ikii;:ti' AV • • • • 64 , 4905 TIC WATER DISTRICT AST OF TEMPORARY WATER CONNECTION We, the undersigned, Henry C. Ellington and Margaret A. Ellington, deeded owners of the property described hernia, do hereby agree and consent that the connection to the Spet =a service line at 14705 S.W. Sunrise Lane for service to St 1 8:405 Scholia Ferry Bo Tigard, Oregon is a temporary connection only and is for our immodiato conve It is further agreed that when a waters main eutenoion is installed along a y thoroughfare, ;. ,;blic or private, paralleling the frontage of the property described below that we, the undersigned, will pay our fair share of the total cost of the line extension and the expense of meter installation. This is a cove running with the property. PARCEL I Beginning at an iron rod on the East line of Section 5, Town ship 2 Sou! ; , Range 1 West of the Willamette Meridian, Washington County, Oregon, which point lies South 0° S3' West, 500.35 foot from the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 5; thence South 0° 53' West, 2291.65 foot along the East line of said section 5 to on iron pipe at the Southeast corner of that tract of land described in deed book 226, p 6711$ thence North 89° 37' Worst, 426.28 foot along the South boundary of said described tract to an iron pipe at the Southwest corner thereof; thence North 0° 47' East, 2573.93 foot along tho West line of said described tract to an iron rod; thence South 55° 52' East, 508.95 feet to the place of beginning. Eascepting therefrom that portion thereof lying South of a line, drawn from the Northeast corner of a tract of land conveyed to Effie D. Jericho by deed in book 387, Page 290, (a point on the West line of the above described tract), East ale the Easterly extension of the North line of said Janicke tract, 424.65 feet to a ,'int on the East line of the above described tract. PARCEL II Beginning at the Southwesterly corner of the tract conveyed to Francis Edward Sc , s and Wanda Juno Sena, husband end wife, no described on page 600 in Book 397, Washington County, Oregon, Deed Records, and which Southwesterly corner is described as being South 0° 53° Woot, 500.35 feet and North S5° 52' West, 508.35 feet from the Northeast corner of the Southeast quarter of the Northeast quarter of Section 5, Town- ship 2 South, Rouge 1 West of the Willamette Meridian, Washington County, Oregon; thence South 55 52' East along the Southerly line of said Sons tract, 59.86 foot to a point; thence North 0° 47' fit, parallel with and 50.0 feet distance otorly, when measured at ri t ;: t angles from the Westerly line of said Seas tract, 140.0 feet, mere or less, to a point on the Northerly line of said Sena tract in the center of County Read No. 812; thence Southwesterly aloe,;, said Northerly line to the Northwesterly corner thereof; thence South 0 47' West, 51.0 feet to the place of beginning. Dates d/ L w IIe: 1> 0. Ellington Fga _ - t A. El fl .. c' on BOOK 950 `',M 86 PAGE I 2 LYLE W. BANTON ATTORNEY AT LAW 1730 S. W. SKYLINE BLVD. SUITE 2:53 PORTLAND, OREGON 97221 TELEPHONE 297 - 3706 September 12, 1973 Tigard Water District 5141 S.W. Commercial Tigard, Oregon RE: Water Supply on Dud Spezza Line Gentlemen: Please be advised that I represent the interests of Mr. Bud Spezza as relates to the solicitation of a connection by Mr. Ellington to Mr. Spezza's private water line at a point (2) behind the water meter as affixed by the Water District. This letter will constitute an agreement between t�ir. Spezza, Mr. hllington and the dater District concerning.; the terms and conditions of Mr. Ellington connecting to the said private water line of err. Spc•csa. (1) , Mr. Fllington shall bear the entire cost of making the connection to Mr. Spezza's private water line and agrees to be responsible for any damage incurred to Mr. Spezza's property or water line during such connecting process. (2) Mr. Ellington is to use the water from the Y a t;escr.ibed connection only for :1euce z, barn pur'?o:.'e;. There iv to he no sp r.inklin,r or ir. ricatinc•. (3) PW. Ellington is to be responsible for, one - half of the water bill on a monthly basis. (4) In the event of the failure of the private water line of Mr. Spezza as now existing, after ,connecting thereto by Mr. Ellington, it is agreed that Vr. Ellington and Tr.. Spozza will share the cost of repair or replacement on an • C Tigard Water District Dase - 2 CepteraLer 12, 1273 (5) T'Iis acTrornt for connectincr to thr . .3re%zo nrjvate water line zlnu the connection t:,erto will b cancelled and if cither r is .103(1. Upon sirTninf: of copie.. or this 'otter by Pll intcre-ted parties hereinafter proviCed, flr. 71.1inqton nay proceed with connectincT to the Spezza '7ater line t i point Cn-tet" by rr. Spezza. Very trillyyours, canton LYVscir IT TS SO 1\GPF7D: TIrAnD YP,TT:P. DISTRICT ry D'ATT;I). hr. / DATED: - d C'pozza • 7 -- ?:.r ,, '. r, :. L.AW OFFICER OF " : ' : -- WHEELOCK, NIEHAUS, BAINIEB & MURPHY • ( r 520 FRANKLIN BUILDING / r C.E.WHEELocN _ PORTLAND, OREGON 97204 ` - RUe9ELL R.NIEHAUe - A • KENNETH W.HAINEB TELEPHONE 2E4 • EDWARD J.MURpw ,J . WII:LIAN C JONN Mo ounT • • October 1, 1973 • • Mr. Lyle W.' Banton Attorney at Law L 1730 S. W. Skyline Boulevard Suite 255 • Portland, Oregon 97221 . 4 Re: Spezia - Ellington Agreement Dear Mr. Banton: • ' (/' Pursuant to our telephone conversation on September 26, 1973, en- closed are copies of the following documents: 1. Agreement of Temporary Water Connection signed by Mr. _ and Mrs. Bud Spezia; 2. Agreement of Temporary Water Connection signed by Mr. I and Mrs. Henry C. Ellington; • • 3.. Map•showing the location of the parcels of real property • owned by Spezia and Ellington. I indicated to you. during our tel: -phone conversation that the Tigard Water District has no objection to your letter dated Sep- _ teniber 12, 1973, addressed to our client; however, the District will not sigh this letter because it does not have the ability to enforce compliance of the conditions without constant surveillance of the properties involved. • Very truly yours, 6 • • Ke eth W, Baines KWB:lo Enclosures • cc: Mr. Robert E, Santee Administrator • Tigard Water District • • 3 A. TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) 639 -1554 • March 17, 1981 Mr. and Mrs. Richard Barksdale 14705 S. W. Sunrise Lane Tigard, Oregon 97223 Re: Water Service Dear Mr. and Mrs. Barksdale: Your domestic water supply is in jeopardy. Please read the attached administrative report prepared by me to the Board of Commissioners for the meeting to be on April 14, 1981. Also, enclosed is an agreement between Tigard Water District and Spezza dated June 19, 1972 regarding water service to your present home. Since you purchased the • property from Spezza, this agreement is binding upon you. Further, the 2" PVC service line to the meter on Sunrise Lane is owned and controlled by you You are cautioned not to make any illegal connections to this service line without the express approval of the Board of Commissioners. An independent issue is the serving of water to the Ellington's via your service line. Spezza entered into this agreement with them on September 9, 1973 (copy attached). The Tigard Water District was not a party to this agreement, but did not object to such an arrange- ment. The district did not object because the Ellington's executed an "Agreement of Temporary Water Connection" dated September 4, 1973 to pay their fair share of the total cost of a pipeline extension plus expense of meter installation, if and when a main is installed along the frontage of their property. (Copy of agreement attached). This agreement remains legally binding upon the Ellington's. It is noted that the Ellington's property will even- tually be served from S. W. Fern Street at a different pressure level. There has been some movement afoot recently to extend a main along Fern Street to Scholls Ferry Road at which time the water district will enforce the provisions of the Ellington's contract. • Mr. and Mrs. Richard Barksdale March 17, 1981 If you have any questions, please do not hesitate to call me. It may be in your best interests to attend the next meeting of the Board of Commissioners on April 14, 1981 at 7:30 p. m. • By copy hereof, the Ellington's are invited to attend too because water service to their property is also in- volved. Sincerely yours, TIGARD WATER DISTRICT Robert E. ntee Administrator • cc: Mr. and Mrs. Henry Ellington Rt 1, Box 405 Scholls Ferry Road Beaverton, Oregon 97005 ADMINISTRATOR'S REPORT 1. Resolution to approve minutes of last meeting. 2. Visitors. Mr. Bud Spezza, 14725 S. W. Sunrise Lane, intends to appear before the board to request permission for another temporary meter connection to serve a newly constructed house located just north of Sunrise Lane in the Bull Mountain area. It is noted that some of the most difficult decisions by the board are those involving temporary meter connec- tions. Approval of such connections is granted sparingly and only in special, hardship situations, usually for existing homes (when wells go dry), not for newly construc- ted houses or houses to be constructed. As a result, there are only 22 temporary meter connections in the district (out of a total of 6450 meters). To be granted a temporary connection is an extremely big favor and bonanza for the property owner(s) because they can delay, perhaps forever, in paying for a main extension. These special connections are discouraged because it promotes a "jury- rigged" system with many service lines on the same street without a water main and no fire hydrants to protect the houses. In 1972, Spezza was granted permission to serve an existing home (where he resided) via a temporary meter to be installed on Sunrise Lane. (See tax lot 1402, colored blue on the attached map). Such approval met all the dis- trict's conditions in that it was an existing house and it would have been unreasonable to require him to install, and pay for, 1,900 feet of 6" main by himself with no other participants. Further, Spezza gave assurances that there were no other homes in the area to be served nor were any new houses planned to be constructed. A 2" PVC service line was installed by Spezza from his house to the meter on Sunrise Lane. On June 19, 1972, Spezza and his wife executed an "agreement of temporary water connection" in which they agreed to pay their fair share of the total cost of a pipe- line extension paralleling the frontage of their property, if and when a main is installed. This is a legal, recorded document, and a covenant running with the land. Subsequent- ly, Spezza sold the property on contract to Mr. and Mrs. Richard Barksdale who presently reside at this home. On January 14, 1975, Spezza appeared before the board to request another temporary connection for a house under construction along the same access road. (See tax lot 2800, colored yellow on the attached map). It was his desire to connect to the existing 2" PVC line installed earlier (and now owned by Barksdale), without installing either a main or meter.. In other words, no charge whatso- ever. -1- ADMINISTRATOR'S REPORT (Continued) It was my argument, at that time, that a 6" main should be installed because this was a new house with no hardship conditions. This philosophy is based upon the fact that before construction on a house is started, the owner or developer should investigate all costs and fees prior to beginning construction.. One always has a choice if costs are too high; do not build. Also, it was my belief that additional homes would be constructed in that area before too long. However, Spezza assured the board that absolutely no new homes could or would be built in that area. The board unanimously agreed upon a compromise solu- tion to authorize a temporary connection to Spezza's (now Barksdale's) existing private 2" PVC line for construction purposes until July 1, 1975. Subsequently, a meter instal- lation would be required on Sunrise Lane with another ser- vice line installed to the new house. Further, the owner would be required to sign an agreement whereby he would participate in the cost of a main extension in front of the house, if and when such a main is installed. (See attached extract of minutes dated January 14, 1975). Spezza violated all aspects of this agreement by con- necting permanently to the 2" PVC line. He failed to make application for a meter and did not install another service line to Sunrise Lane. Further, he did not sign an agreement to pay the cost to extend a main across the front of his property. In summary, he connected to the water system free of charge as he intended to do. It should be noted that the district loses leverage when a connection is authorized, such as in this case, for construction water. There is absolutely no incentive nor desire on the part of the recipient to purchase a meter. The water district, apparently, neglected to force the issue with Spezza on July 1, 1975. However, consideration was given to the Barksdale's who own the 2" PVC service line. The only leverage the district has is to terminate water service at the meter. The water supply of the Barksdale's (the innocent bystanders) would be in jeopardy by Spezza's illegal act. Now, Spezza has requested yet another temporary connec- tion on this 2" PVC line to serve a newly constructed house on tax lot 2804, colored red on the attached map. (I emphasize that the house is already constructed and ready for occupancy). (Does anyone get the feeling that Pandora's Box is open ?). There exists still more land owned by Spezza where houses can be built. He maintains that the county will not authorize any more houses, but he continues to build houses on the land. I believe he is determined never to install a' main, at his expense, along this road to serve houses constructed by him. -2- ADMINISTRATOR'S REPORT (Continued) It is recommended that Spezza be required to install 1,100 feet of 6" main plus two fire hydrants to serve tax lots 2800 and 2804 and purchase two 3/4" meters to serve those properties. In any event, I would suggest postpone- ment of extending a main beyond tax lot 2800 to the Barks - dale's house (tax lot 1402) because of the distance involved and the fact that the district has an agreement with them for a temporary connection. Estimated cost to Spezza to serve the two houses is shown as follows: Item Cost 1,100 feet of 6" D.I. pipe @ $15 /ft $16,500 Two 3/4's meters 1,550 Total: $18,050 It is realized that this is 'a large sum to pay to serve only two houses. Also, it appears very unlikely that he will receive much rebate or assistance from others because of the configuration of the land near the Bonne- ville power lines. You may want to grant him some relief such as waiving the administrative and engineering costs. At the worst, I would expect Spezza to be required to comply fully with the Board's resolution regarding tax lot 2800 on January 14, 1975. Secondly, that the same condi- tions be imposed for tax lot 2804 and that all such con- ditions be completed within 30 days. In this latter case, Spezza will have to install two 1" service lines in the same ditch to Sunrise Lane. This means there will be three (3) service lines in the street (2 ", 1 ", and 1 "). These funds would have gone a long way toward installing the required 6" main. Also, if this course of action is taken, the board should consider future action when Spezza requests a 4th temporary meter connection on the lots just north of tax lot 2800. To avoid any misunderstanding, a letter (with a copy of this report) was forwarded to the Barksdale's on March 17, 1981 advising them of the situation, that the connec- tion to the 2" PVC line to tax lot 2800 was illegal, and a connection to serve tax lot 2804 without the board's approval would also be illegal and valid reason to terminate their water supply at the meter. (The Barksdale's own and are responsible for the 2" PVC line). The Barksdale's were invited to attend the next board meeting on April 14th. -3- Tigard Water District 343rd Regular Meeting January 14, 1975 • • PRESENT: Clarence F. Nicola, Treasurer John G. Schwartz, Secretary Don W. Thomas Gene H. Chamberlin Robert E. Santee, Administrator John P. Miller, Foreman VISITORS: Mr. Bud Spezza, 14705 S. W. Sunrise Lane, Tigard Miss Cheryl Beshears, Tigard Times • The meeting was called to order at 7:35 p.m. by Acting Chairman Nicoli. • Motion was made and seconded to approve the minutes of the last meeting, as written. Motion carried unanimously. Motion was made and seconded to pay the vouchers. Motion carried unanimously. Mr. Bud Spezza appeared before the Board to request a service connection for a proposed house to be constructed north of Sunrise Lane. Motion was made and, seconded to authorize a temporary con- nection to Spezza's existing private line for construction purposes until about July 1, 1975. Subsequently, a meter installation would be required on Sunrise Lane with another service line installed to the new house. Further, the owner would be required to sign an agreement whereby he would participate in the cost of a main exten- sion in front of the house, if and when such a main is installed. Motion carried unanimously. Mr. Dean Alexander, 15700 S. W. Bull Mountain Road, could not appear before the Board due to illness, but desired to request financial relief on his'water bill due to an undetected leak. 'A motion was.made and seconded to grant a credit of $38.40, leaving a balance due of $48.10. Motion carried unanimously. -1- • 33 - - 1200 3. 60 Ac . - ' I b ti i ' ^• ' . O. N I b, V, 1 , N89 °39'E 1 440' 540' • 377.3' • 5.3' 37 804 Moo \ \ ,A," . . •1300 . /0.24 Ac. 2/.774c. 1 a\'O r • 4.54 Ac. W 2S I 4 B o • � ° d ti X301 n . „," - y - • h 5 . • . /O Ac. co n to In 0 • 5 �6 \ O o • a <1 \ .1 1 0 S o 0 , r c° ,o ,�55 • , . a I 1 '• - J3 ° n z • 1500 o '.' - .9 F m S89° 35'5 r A1. /.36Ae. 21432 o m J , • - - o,• • • 3.7 83° 40' 5 C 1 ' --f A o t ( 62 9.47 c CL S 442 N '° H ° 1800 m .i 1503 " ` oi //. 26AC . m W in 1-' -558.9 1900 N - W ` 6./3Ac. in ! • 1 2000 7 Ac. : N 1 ` O . I .' -\ • .0- a , • Na at 1 5.67 Ac. 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' • 6,0£4) � ': 1 _ SPEZZA #3 m ' . . 10 57.72' - 3101 • re; v t...- - 6 0 ' W 3.50 Ac, 0 3' -.16 to - 3400 ' U4 e N 2803... m o 0 5.53 Ac. - , 3401 330 0 to 3001 p p V - 1 = . i .93 Au • o �' 2704 = .' 222 89 A C :N f' r- 29 , • 0 5.74CL ' 41 \6112 • 3402 p M 171.: . • .:. 9342. � r p 1 .. 3002 2.4 I 5 4 3102 3003 . 78A o • 57.21 - SO °3 1 49Ae. 5/ Ac,• N N N • 2802. 2801 °� 1 -1 ,33 - - -. 46 N 12.0 7'. .95Ae.� 2. /44c.� ° II • ^ • 180'•_ 1 d . 33 22; .6 18. 42. 28 ' -. 1•[ \ ( 1 :Ne9 °49.. • •• --.. -- - ' a t N89° 49'W . CS. - 13352 unrise iiax i " wade int. ' SUNRISE ' LA \ -- // CoR. (C.S.13 697) M N'1 - S EE MAI 8 . ), ' too 9 1 :E ' MAP -..( '8 " I 78 . S • R . 2S" 1 8AB 2� r - • • .! 1 • ,1 '.:1.��•4Y V�W. -T.lr i' :�7 " �' 1 o l:•.,V; " .. .. 3477 TIGARD WATER DISTRICT AGREEMENT OF TEMPORARY WATER. C ONNDCT ION We, the undersigned, Bud and Carmen Spezza , deeded • owners of the property described herein, do hereby agree and consent that the meter to be installed at 14705 S.W. Sunrise Lane, Tigard, Oregon is a temporary connection only and is for our immediate convenience. . It is further agreed that when a water main extension is installed along any thoroughfare, public or private, paralleling the frontage of the property described below that we, the undersigned, will pay our fair share of the total cost of the line extension and the expense of meter relocation. This is a covenant running with the property. Beginning at a point on the east line of sections, T2S, R1W, W. M; Washington County, Oregon, which bears N. 0° 38' 55" E. 1400.0 feet from the southeast corner of said section 5; thence N. 89° 21' 05" W. 208.72 feet to a point; thence N. 0 38' 55" E. 208.72 feet to a point; thence S. 89° 21' 05" E. 208.72 feet to a point on said east line; thence S. 0° 38' 55" W. 208.72 feet to the place of begin - ning.. Containing one acre, more_ or less. Date: - / 4 ,- 7c,--- i e --- " (- ■1110.4■1 1 0.1‘ -_____ .. t.., e....,-7.ce...-„,-) '''' . STATE OF OREGON • COUNTY OF WASHINGTON Be it remembered, that on this 19th day of June , 1972 before me, the undersigned, a Notary Public in and for said Co my and State, personally appeared the within named Bud Spezza and Carmen Spezza . known to me to be the identical individ- uals described in and who executed the,within instrument and acknowledged to me that they executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day last written. Notary Public fbr Oregon My commission expires 12/1/72 1 . vco j o ',(5., -C‘ oco Co a zu n yam' 6 p 0 �LOOWC t►N N '.., • •;ter- • O c a d w4Ec N1 � y L N Q 7 �� c �°a El Z ~° E w " c o ° �v E ° o ° ° _ u ' c t 8 L9 LE 0 5 o -4".",--; �1; o > N /�p,y L u. .� i W u i < 7 "° a O U O ,,.• ° oir4I Z 3 Vt U / LYLE W. BANTON • ATTORNEY AT LAW • 1730 S. W. SKYLINE BLVD. SUITE 23:5 PORTLAND, OREGON 97221 TELEPHONE 2973700 September 12, 1973 • • Tigard Water District £3841 S.W. Commercial Tigard, Oregon • RE: Water Supply on Dud Spezza Line (::: Gentlemen: Please he advised that 1 represent the interests of 'ir. I.uc? Spezza as relates to the solicitation or a connection by Mr. Ellington to Spezza' s private water line at a point (2) behind the water meter as at�ixec by La Wa District. This letter will constitute an agreement between Pr. Spezza, Zr. 'T T'Jlington and the Water District concerning the terms and conditions of Mr. r:iiington connecting to the said private water line of Spezza. • IP (1) ,Mr. Fllinrton shall bear no entire cost of m aking the connection to Mr. S-ae :za's private water line and agrees to be responsible for any damage incurred to Mr. Spezza's property or water line during such connecting process. (2) Mr. Ellington is to '_r;;c the water_ from the abov described connection only yarn p rposco. There is to he no sr rinklinci or i�-7ri atin (3) Mr. Ellington is to be responsible for one - half of the water bill on ,.monthly basic. (4) In the event of the failure of the private water line of Mr. Spezza as now existing, after connecting thereto by Mr. Ellington, it is agreed that Ellington and ir. Spezza will share the cost of repair or replacement on an equal basis. Tigard Water District Page - 2 Ceptamher 12, 1973 (5) This agr:!erant for connecting to the . .3rezza '..)rivate water line and the connection tlier7.to will be cancelled and terjnte7, if either nro;.sorty is sold. Upon signing of copies or this latter 1 .7'11 intere!--ted parties as hereinafter provided, nr. 711ington Tlay proceed with connecting to the Spezza water line at a L7oint CesinateC by Cr. r.pezza. Very truly_rurs, Lyle /. Danton LY)?./sor IT IS So AGRP7D: TICARD 't'ATEP DISTRICT 7)71TT.7 cy , , , • TIITTIE6n /// nATED: - d Opezza LAW OFFICES OF WHEELOCK, NIEHAUS, HAINES & MURPHY 520 FRANKLIN HUILDINO • C.E. WHEELOCK PORTLAND, OREGON 97204 RUSSELL R. NIEHAUS - KENNETH W.HAIRE° TELEPHONE 224-5930 EnwARD J.MuRPHY,JR. WILLIAM C.00ILVY JOHN MCCOURT October 1, 1973 Mr. Lyle W. Banton Attorney at Law T 1730 S. W. Skyline Boulevard Suite 255 ii11 Portland, Oregon 97221 4 Re: Spezza - Ellington Agreement I Dear Mr. Banton: Pursuant to our telephone conversation on September 26, 1973, en- closed are copies of the following documents: U / 1. Agreement of Temporary Water Connection signed by Mr. and Mrs. Bud Spezza; ~, 2. Agreement of Temporary Water Connection signed by Mr. and Mrs. Henry C. Ellington; 3. Map showing the location of the parcels of real property _ owned by Spezza and Ellington. I indicated to you during our telephone conversation that the Y Tigard Water District has no objection to your letter dated Sep- tember 12, 1973, addressed to our client; however, the District will not sign this letter because it does not have the ability to enforce compliance of the conditions without constant surveillance of the properties involved. Very truly yours, r Ken eth W Baines KWB :lo Enclosures cc: Mr. Robert E. Santee Administrator Tigard Water District