Resolution No. 88-28 MEW
CITY OF TIGARD, OREGON
_ RESOL"UTION NO. 88
q
A RESOLUTION Or THE TIGARD CITY COUNCIL TERMINATING A SEWER
AGREEMENT BETWEEN PREDELIVERY SERVICE CORPORATION AND THE CITY OF
TIGARD.
WHEREAS, the City of Tigard (City) and Predelivery Service
Corporation (Owner) entered into an extraterritorial sewer
agreement (the PSC Agreement) dated June 15, 1967, attached as
Exhibit 1, regarding the provision of city sewer services on real
property of Owner described in Exhibit 2, commonly referred to as
the "Ford Motor Company property" located in the City of Tigard
(the Property); and
WHEREAS, the property described in Exhibit 2 has been annexed to
I the City of Tigard; and
WHEREAS, the Owner has entered into an option and purchase
agreement with the ;Coll rcmpany to purchase the Property; and
WHEREAS, no collection charges are now due and owing under the
terms of the PSC Agreement; and
WHEREAS, it appears that since the property in Exhibit 2 has been
annexed to the City, there is no longer a need to continue the
PSC Agreement between the Owner and the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIGARD that:
1 . The 1967 agreement between the City and Predelivery
Service Corporation, attached as Exhibit 1 , is hereby terminated
by mutual consent of the Owner and the City.
2. City records indicate that sewer lines built by Pre-
delivery Service Corporation on or about 1967 are now owned by
the City, and the City .intends that such owners;,lp shall not be
affected by the termination of the PSC Agreement.
PASSED: This �; day of G c?1 c i_ 19 8 8.
Mayor - City of Tigard
ATTEST:
✓��.�?,�irx Lt:hQtr�-l��-,,
R4'corder - City of Tigttrd
I RESOLUTION NO. 88-
Page l
EXH'SIT
1;216 ACRaaXsaT j
.i
' MM AaxMMM. Made wu.s is ®, .: ]ere 196T.
between MMULrfMM SsaV= CORPO7U►T M, m Z*Xzwar+ corporation
i'
with offices at the American Bonds ReasUn"a Xichisan, (here"
inafter called 7OW212 W), and the crrz OF TMAXOu+, is wd.1O1V&l1ty
of the State oY Oregon, hereinafter called "CITY".
WITxsss >aTa ,
WHIU 8A8, Owner holds title to the Premises described
on Ec"ssibit 1. attached, and which Premises abut the Fast line
of S. V. 'T2'td Avenue from a POIAt apprm1X4017 869 feet south
_o a Let approximately
B.o the Hazih sa:+e of S. es, aasi.td iw�d.. "
146.5 feet south of the South lint of 3. Y. Bonita Road, and
wAIMMAa. !weer has sashed to the city for sanitary
sewer aarvies to the hereinabove described premises, %hieh
are situated cutaids the scrporate limits of the City of
Tigardl and
1tWOMAS, the presaf4w rebut on a. S. 72nd 1wexate.
s
South of the present terminus of a city sewer interceptor
line, cad
SAS, the City hall facilities wherewith to oa=th
sewer service to Owner's Janda as above described, subtest
:=eT+:ia s cad raauireasats hereinafter sat
forth,
=w, Tom. is consideration or the agreements
hereinafter contained, and the pay onto to be made to the
Cita by the Own" and other landowner slullarly situated
utilizinc the sower extension line hereinafter described,
Owner WA the City acres as rollasss
I. Owaar —7a ,caeca approval by the City, of we and
apeeifYastlane theretor Prepared by CM". proceed with the
construction and renovation of a; partly eosastracted eig#zt-izwh
bov. 6471x 304
- I
EXHIBIT
DS4CRLYT20.*i
1216 jal that certain pert of the amtheaat air of
khe
*rt " Quarte.;, affi of the aartheaat tivarter of the
1 ._ _: —__...A_ •a au.,..,+s.i.. sA1t11. Page 1
vaauso5a� ��w� _
teat, Y1111am ". Mridian, in the County of Washington,
��9tats of Oregon, And mare partlaid, 34r described as l0120vSI
mmMMM at the northwast corner Of Stat 5,
or Boni
ta
IjGardens, according to the mag trswear recos'ded November T. 1911,
'lin Plat Hook 54 at Page 21, Records of said County) thea¢*
easterly along the northerly line or said Lot 5, aor*" a
,vaeated a13er, and continuing along the nartherly line Of
IIS 2 of acid Bonita Gardens T20.90 feet to a POInt in the
ilwasterly right-of-way line of the IL u. Pr*eway (also i
I�3Qi0Y6! as cne reit tm•t�co�o.—�ia`v`.ra.+r w...�••••r�� r.�.snn� �euthell9
�along the yesterly r1aitt-OZ-way Um of thw said a. g. I'aldoak
IlPreeway 1012.00 Leet to a point 132 fest motthorly of the
�i southerly liar of Sot I, of said Doaita Gard-1 theme
I
went-erly almS a line 132 test southerly or Aad Parallel
l
with the aoutturly line n2' Iets 1, b and Tr of said Hoaita I
. Gardens 1208.30 test to the easterly right-t—MY 13aa of
S. W. 72nd Avems, also known as County Hlghtray lb. Sib
(40 teat wide), thence V*rtharly AICAs the easterly right-of-
way line at said S. W. T2nd A7*3Xue (46 Peet W1441 ST7.5.: r4=
ll to a point = a line, said line being the northerly lin* of
the land described in an SYadenture dated W--h 3o. 1964 frm
Title and Trust CoWany to BouttLsm Paolo* Coa®sny, recoadr3
BArch 31, 3964 in Hook 509 at Page 4M of Deeds, RecI et--
�'/ said Ccuntyl thence easterly alaag last said =rtheriy Iia*
48T.40 feet to a Point in the W-t4-27 line of Let 51 of said
Bonita Gardens] thence northerly aloag the rr*aterlY 11ae of
his Lot 5, of Bonita Gardens 434.50 teat to thw POW OF]EM111[mo
1-4� !' ..; ��• s^ area of 23.230 sores More Or 3*80.
i
nine
._a J 19 - e9
m.a ....
�x. a e�.<s—
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.s'°"'
BMK 647 FACE 309 -
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1216 trunk sewer lisle, trona the terminus of an existing trunk aever
line within S. W. 72nd Avenue at a point syproximately 310 Cost
South of the intorseotiaq or S. W. 72nd Avenue with S. Y.
® Hanna Road. aloes and within the rigtat-ollvrty or S. W,
72nd Avenw to s point appy"mtoly 950 last South or the
Intersection or a. W. 721%d with S. W. Bonita goad, all at
Own",* coat and expense.
2. 17ae Owner shall pay, or cause to be paid, to
the City ror each eonneotian ar the Owner's lmsids to the trLVL)c liria
a connection charge as prescribed by City ordinances plum a
surcharge of 609 thereof. The base charge shall be yard to
the City, and the stuwh"ge ;,,:7MU be paid as the City may
; direst. -
Owner shall bear the cost at eonnastins its prepAxes
to the taunt: sewer line, and no connection ghnll be saaLdo until
an Application therefor has bee= tiled and the connection charge
Paid and all wore and asteriais involved in the sewer service
connection shall hnve been inspected and approved by the City.
3. Owner shall rile with the City an application
for sewer 6erv1ee in the form approved by the a'.-Ity a#a -h_'
thereby beacome bound to pay amthly sewer service charges to the
City in SUMS equal to those preSaribod by City ordinance: ror
irwari . rr' w ze= iw
the City, Chars" ror industrial wastes. it any, shall be
esta812shea by the parties, and shall be baaed Kpoa the nature
or such waste and be no acro than the City aharges patrons
within the City rax similar or eosa►asa'c3: .—j�z_c
4. Title to, and ownership of, said trauak line,
Lq'on compiotic= of oonatruat!_on thereof pursuant to the teras
herSat, shall vest in the City sad the City shall thereafter
have hall Juri.adiotion thereover in all reppests to the same
extent um the Cit,Wr exercises JurisdictIon over any other sever
BOOM 64`d. PA%305
�c
4
1216 line within its syatew provsded, that the city&green to
reams- payer— by any owum or test of y_-qsg3iea abutting
either side of that portion of S. Y. T2od Avemm traversed by
Per foot M. +3ontage an S. Y. T2od Avenue
7.yin6 Borth of the
point of Connection of said premises to smg as_-�r lies.
Such amount shall be collected prior to connecting any such
property and shall be paid over to the owner as and than
collects iu partial reimbursement for Omer+s eontr"ibutIcn
to the *oat of said sewer line.
S• lb the event shat the said tgunk line be further !
vztended 'OW'"A On R_ Y_ Tftd AVeme or ptherwise, auelt ex-
tension for the benefit of additional property shall not
5.
It is an express oandition of this agreement !
that at the City's option the Ownarts lands, or any other
lands served by Bald truzUe line for which sewer serrioa is
made available heresy er. may be annexed to the City as and
lihm 0.14 lands ra ca beeome eontigao" to the aLtyls i
bou¢barios as net established ow hereafter extended by ;
<: amexatIon, and execution of this agresreat by the Owner !
shall constitute coasBnt to the aanexatim.of the above
described lands, and such consent shall rasa With the land i
and bind the Owner, its vaoaesaors sad assigns.
7. Wo the extent sus wrl"d by leer, any aeaaz i
aeTl jectian or ser►iea ahasge he ainabawg lsgrlred to be j
C paid With respeot to greadmas aarred undar.ths terns of this
Aareemusut, W%la n �sQ 1z :%=t P—m- moo: shall theremm"n
bead a lien upon such prewimm until pa". Said ileo right
i shall be in addition to, and not in Beat at, any other rawedy
soar 647 mw.MQ
a^I6 Provided by lar. An executed copy ar this agreement, containing
a desorigtion Or the lands to be serviced hereby, shall be
® re^^rded in %he rertay. Rgnrdw gr —&$1aguM3 count . Xgm.
s:•� -w. t_t_t and nn—sga that n_ot_tae Of the City,a _11:e4 !
PIEXts ter sewer evnnaetian and sQrvimr Ob"Ses rill be given
to all purohasera and users or portions, of said lands. Er
and When the prewlxes are amazed to the City this provision
{ for Ilea shall terminate.
a. Sire city,Shan not be respongible or liable •troy
disruption Or tcosporary diseant1MMnce of sexage disposal
se—on hereunder duo to flood, earthquake, or other act ,III
11
or God, or other onus" beyond the governmental control or
jthe city.
agreamfat ah61.1 be QlYeetiv0 On the date
�iI hereinabove first appearing and shall be binding on the
I+I parties hereto and vaon t air sespeetlyo swscoeaors, trante"
and assigns. 1
t
20, lb premises, other than the prem4aea dmyaribed �
I
In Mchllbit 1, attached, shall directly or indirectly obtain
SAY night or interest hereunder, or sucosod to any privileges
of the Wier hero=der without the prime written consent or
the City.
I
IN WIR' 9 , the parties hereto have caused their
t respective nawas to be hemmmto subsorib@4 by that officers
duly authorised thfrcunto On the
ds.T and yrar first hersinabore
,mitten, ezeoution by the City bav24S been duly authorised by
_;tea lea otiysrd City Cou=il emceed �r 1967.
i } -
1
A 11
l
Mrs
Titleg
mm. 647 PAGE 07
f
CST! OF TZGABD. a municipality
t:t
1.216 the State of Oregon
Toys
' A&__—� /
Byxocorae=1y Y
;I
STATE OF OREGON
1 COUNTY OF YASRINQTON an.
On this 15th day of Jnne _, 1967 personally
appeared SLVZN 0. RTEL–who, being u y sworn. did say that he
is--the Nayor of the City of Tigard, the municipality which
iexecuted the foregoing instrument, and that amid inatrumeat
wa �}YG e�a99 $ t�ifp ft n �.,icivaI corporation by auwlvo ty
II ofa
�rQite+�+een�aeid ELVZN 0. KYLE eknowledged
I! amid instrument to"Se 1W* free action and deed of said City
.,f Tt_eard.
Before set '
x :
C! a NOP for egon
��s'....y.
�;. My Commiaaion Expirea1 v_T
STATE OF IaCHIGAN
pe.
COUNTY OFWR-ya€� � -
On this �L G,"dav of MQ✓ . 1967 p:rs,5nally
appearad c o w , b.1ng duly worn, did
say that e • e of FMM=LLIVNR!
SEBVZCR COAPORATI , an saiden ns rumwas signed in
behalf of paid corporation by authority of its Board of
Directors.
Before met
otery afoorr Aleni`gan
my Commission Expires= i tc 6 j
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