Resolution No. 72-07 RESOLUTION No. 72-�
CITY OF TIGARD, OREGON
.� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD.
OREGON AUTHORIZING EXECUTION OF EASEMENTS TO THE UNIFIED
SEWERAGE AGENCY FOR THE PURPOSE OF CONSTRUCTING AND
MAINTAINING AN UNDERGROUND SEWER LINE ON LANDS OWNED
BY THE CITY.
WHEREAS, The Unified Sewerage Agency has an adopted
master plan requiring the construction of a sewer inter-
ceptor facility for the purpose of transmitting all
sewage within the Fanno Creek drainage basin to a single
treatment plant; and
WHEREAS, said interceptor facility traverses the
Woodard Park property and sewage treatment plant property
each parcel of land being owned by the City of Tigard;
NOW THEREFORE, BE IT RESOLVED, the City Council hereby
authorizes the Mayor and City Recorder to execute the ease-
ments a copy of each of which is attached and made a part
hereof and directs the City Administrator to forward the
executed documents for consideration by the Unified
Sewerage Agency.
Approved this 8th day of biay 19W
unanimous vote of
Council
ATTEST: .
ty
Of,—co r er
t
•r,
SEWER EASEMENT
City of Tigard
KNOW ALL MEN B11'THESE PRESENTS, THAT4YfSan!•8enite't7-Btinttfet'
12420 S.W. !lain St.
4ity-ttl-S2garQ, Tigard, Oregon 97223
a corporation duly organized and incorporated under the laws of the State of Oregon in
consideration of the sum of Two Hundred Eighty-Five 6 no/100--dollars and other good '
and valuable consideration to them paid by the Unified Sewerage Agency of Washington
County, a municipal corporation and county service district of the State of Oregon,
hereinafter referred to as Agency, the receipt whereof is hereby acknowledged, does
hereby grant unto the Agency, its successors and assigns, the right to lay down, con-
struct and perpetually maintain an underground sewer through, under and along the
, i
following described.PERMANENT EASEMENT:
A portion of that tract of land in Section 2, Township 2 South, Range 1 West of the
Willamette Meridian, Washington County, Oregon, conveyed to Tigard Sanitary District
as described and recorded in Book 384, Page 359, Deed Records of said Washington
County, more particularly described as follows:
A strip of land 30 feet wide, 15 feet either side of.the following
described centerline.
Beginning at a point on the Southerly boundary of said tract, said point
.i being 174 feet, more or less, Westerly of the Southeast corner of said
tract;
} Thence: Northeasterly 140 feet, more or less, to a point on the
, f Westerly boundary, said point being 364 feet, more or. less, South-
westerly of the Northwest corner of said tract.
As an incident to the use and enjoyment of the above described PERMANENT
EASENENT,and as a part o_- the consideration for payment of the above stated sum, the
AGENCY, its successors and assigns.is hereby granted a TEMPORARY EASEMENT, identical
In centerline location to the above described PERMANENT EASEMENT, being 100 feet
wide, 50 feet on either side of the said centerline, said TEMPORARY EASEMENT to
be automatically extinguished on completion of laying down and construction of a
sewer through, under and along the above described PERMANENT EASEMENT.
- l -
i The foregoing rights and easements are subject to each and
all of the following terms and conditions:
1. That the rights herein granted are subject to
the express condition that in connection with
the construction to be performed within the
above described lands, the Agency shall, itself
or through its agents, officers, contractors or
employees, exercise such care as necessary to
avoid disruption of existing sewer lines to the
extent that same occur within the easement area
and the Agency shall cause to have the location
of pre-existing sewer lines, if any, within the
easemen- area, ground staked to thereby determine
the course thereof. In the eventof disruption of
any sewer trunk lines of the City, the Agency shall
assume full responsibility for immediate restoration
thereof to its condition equal to that pre-existing
such disruption at the Agency's expense.
2. No structure shall be erected within the perpetual
easement area without the written consent of the
Board of County Commissioners of Washington County,
or other governing body of the Agency.
3, The easements and rights above described do not
include any right or title to the surfaces of the
soil within the easement area except as necessary,
incident to the construction, replacing, repairing
and maintaining of the sewer line ,within the perpetual
easement area.
8. Upon completion of the construction of the sewer line
within the perpetual easement areas, the Agency shall
cause to have the excavation refilled and the topsoil
replaced as nearly as practicable at the surface and
shall cause the same to be settled and compacted by
use of a recognized medium and the Agency shall fur-
ther thereafter, during the period of normal settle-
ment of the soil within the excavation, cause to have
the said trench refilled as necessary to re-establiah
the pre-existing surface contour prior to seeding as
hereinafter provided.
5. In the exercise of the rights hereby granted, the
Agency shall require its officers, agents and con-
tractors upon completion of the work, to re-seed the
excavated areas to altafescue pasture grass and to
take reasonable steps to assure the restoration of
the excavated areas as seed-bed for such growth.
6, Upon completion of the work, both the perpetual and
temporary easement areas shall be left in a neat and
workmanlike condition, free of all loose materials
including brush, trees and debris which shall be dis-
posed of off the premises by the Agency or its con-
tractors.
-2-
E
I 7. The Agency further agreea that in connection with
its use of the perpetual easement area and in
;f inspecting, repairing, maintaining and replacing
C" said aewer line, the'Agency will likewise leave the
Premises in a neat and workmanlike condition and as
nearly in the pre-existing state as practicable.
IN WITNESS WHEREOF, the Grantor, CITY OF TIGARD, Pursuant to
a resolution of its City Council, duly and legally adopted, has caused
these presents to be signed by DANIEL L. LARSEN its Mayor, and DORIS
HARTIG, its Recorder, and its official seal to be hereunto affixed
this e — day of �(n.. , 1972.
CITY-..OF TIGARD
By:
1 ayor
LeK7�-
Recorder �.
APPROVED:
General Manager, UNIFIED SEWERAGE
; AGENCY OF WASHTNGTON COUNTY.
By:-`_.�� ----
Daniel O. Potter [
1
APPROVED AS TO FORM:
WASHINGTON COUNTY COUNSEL
STATE OF OREGON )
as.
County of Washington )
On this e'''- day of /-i 1972, before me
appeared UANIST-L.LARSE*T and DORIS FTLr;bofh to me personally
known, who being duly sworn, did say that he the said DANIEL L.
LARSEN Is the Mayor, and she the said DORIS HA.PTIG is theRecorder
of the CITY OF TIGARD, a municipality of the State of Ore Ron, and that
the seal affixed to this Instrument is the seal of said municipality
and the said DANIEL L. LARSEN and DORIS HARTIO acknowledged the said
instrument to be the free act and deed of said municipality.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year last above written.
otN arylPublic'—for Oregon
My Comm. expires:
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SEWER EASEHENT
~ ^IOW ALL 2m? RY THESE PRESENTS, THAT Cit�of Hgard
Tigard Oregon 97223
a corporation duly organized and incorporated under the laws of the State of Oregon in
. consideration of the sum of Eight Hundred Seven and 50/100 dollars and other good
and valuable consideration to them paid by the Unified Sewerage Agency of Washington
County, a municipal corporation and county service district of the State of Oregon, i
hereinafter referred to as Agency, the receipt whereof is hereby acknowledged, does
hereby grant unto the Agency, its successors and assigns, the right to lay down, con.
struct and perpetually maintain an underground sewer through, under and along the
following described PERMANENT EASEMENT:
A portion of that tract of land in Section 2, Township 2 South, Range 1 West of
the Willamette Meridian, Washington County, Oregon, conveyed to the City of Tigard
i as described and recorded in Book 647, Page 671, Deed Records of said Washington County,
more particularly described as followss
A strip of land 30 £eet wide, 15 feet either side of the
following described centerline.
Beginning at a point on the Easterly boundary of the afore-
mentioned tract, said point being 20 feet, more or less,
Southerly of the Southeast corner of Lot 159 Greenburg
Heights Addition, a duly recorded plat in said Washington
County;
Thence: South 89' 43' 241,West 232.93 feet;
Thence: South 700 081 3611 West 267.24 feet;
Thence: North 45' 291 541, West 196 feel, more or
less, to a point on the Westerly boundary of said tract, said
point being 10 feetv more or less, Southerly of the Northeast
corner of Block 11 North Tigardville Addition, Amended Plat,
in said Washington County.
As an incident to the use and enjoyment of the above described PERMANENT
EASEMENT, and as a part of the consideration for payment of the above stated sum, the
AGENCY, its successors and assigns, is hereby granted a TEMPORARY EASEMENT, identical
in centerline location to the above described PERMANENT EASEMENT, being 100 feet wide,
25 feet right and 75 feet left of said centerline for the first course, then 50 feet
either side of the aforementioned centerline for the remaining two courses, where
feasible. Said TEMPORARY E.ISEMENT to be automatically extinguished on completion of
laying down and construction of a sewer through, under and along the above described
4 AM PERMANENT EASEM NT.
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The foregoing rights and easements are subject to each and
all of the following terms and conditions:
1. That the rights herein granted are subject to
the express condition'that in connection with
the construction to be performed within the
above described lands, the Agency.shall, itself
or through its agents, officers, contractors or
employees, exercise such care as necessary to
avoid disruption of existing sewer lines to the
extent that same occur within the easement area
and the Agency shall cause to have the location
of' pre-existing sewer lines, if any, within the
easement area ground staked to thereby determine
the course thereof. In the event of disruption of
any sewer trunk lines of the City, the Agency shall
assume full responsibility for immediate restoration
thereof to Its condition equal to that pre-existing
ouch disruption at the Agency's expense.
2. No structure shall be erected within the perpetual
easement area without the written consent of the
Board of County Commissioners of Washington County,
or other governing body of the Agency.
3. Theeasements and rights above described do not
Include any right or title to the surface of the
soil within the easement area except as necessary,
Incident to the construction, replacing, repairing,
and maintaining of the sewer line within the perpetual
easement area.
4. Upon completion of the construction of the sewer line
within the perpetual easement area, the agency shall
cause to have the excavation refilled and the topsoil
replaced as nearly as practicable at the surface and
shall cause the same to be settled and compacted by
use of a recognized medium and the Agency shall fur-
ther thereafter, durii.g the period of normal settle-
ment of the soil within the excavation, cause to have
the said trench refilled as necessary to re-establish
the pre-existing surface contour prior to seeding as
hereinafter provided.
5. In the exercise of the rights hereby granted, the
Agency shall require its officers, agents and con-
tractors upon completion of the work, to re-seed the
excavated areas to altafescue pasture grass and to
take reasonable steps to assure the restoration of
the excavated areas as seed-bed for such growth.
6. Upon completion of the work, both the perpetual and
- temporary easement areas shall be left in a neat and
workmanlike condition, free of all loose materials
including brush, trees and debris which shall be dis-
posed of off the premises by the Agency or its con-
tractors.
-2-
F
-
7. The Agency further agrees that in connection with
Its use of the perpetual easement area and in
5 inspecting, repairing, maintaining and replacing
*04d sewer line, the Agency will likewise leave
F the promises in a neat and workmanlike condition j
and as nearly in the pre-existing state as
r
practicable.
IN WITNESS WHEREOF, the Grantor. CITY OF TIGARD, pursuant to
n resolution of its City Council, duly and legally adopted, has caused
these presents to be signed by DANIEL L. LARSEN, its Mayor, and DORIS
HARTIG, �ts Recorder, and its official seal to be hereunto affixed
this '- day of Hd 1972•
CI TIGARD �
Bya D CiGti
Mayor
,4
—3�ecor er
%a APPROVED:
General Manager, UNIFIED SEWERAGE
' AGENCY OF WASHINGTON COUNTY.
1,
�6.
�sniel o— P-oeter
APPROVED AS TO FOAM:
- � WASHINGTON COUNTY COUNSEL
�. By e
STATE OF OREGON
�. County of Washington 7
before me
;i On this 1 ' day of �'�a 197x,
appeared DANIEhZ:.AASEN and b_6Xl9�`9Tr-VOth to me personally
known, who being duly sworn, did say that he, the said DANIEL L.
LARSEN is the Mayor, and she, the said DORIS HARTIG, is the Recorder
of the CITY OF TIGARD, a municipality of the State of Oregon, and
that the seal affixed to this instrument is the seal of said
municipality, and the said DANIEL L. LARSEN and DORIS HARTIG acknow-
ledged the said instrument to be the free_ act and deed of said
municipality.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year last above written.
Notary iQub��is fo`r�gori
My Comm, expires:,L,,r.-/.�9�5
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