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Resolution No. 90-48 CITY OF TIGARD RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON, GRANTING TO THE UNIFIED SEWERAGE AGENCY (USA) AN EASEMENT FOR SANITARY SEWER WITHIN AND ACROSS A CERTAIN PORTION OF REBECCA PARK '621D !,XTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID EASEMENT ON BEHALF OF THE CITY WHEREAS, the City of Tigard acquired certain property when Rebecca Park was platted; and WHEREAS, the Unified Sewerage Agency of Wz%shington County (USA) has requested an easement for sanitary sewer from the City in order to provide service to adjoining properties; and WHER�E"A-S, the Tigard City Council finds it in the best interest of the City to grant USA an easement and thereby facilitate the c011nection of adjoining properties to an existing sewer; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1. The Tigard City Council hereby grants an easement under and across that certain portion of Rebecca Park, as described in Exhibit "All (legal description & map), subject to the conditions stated in Exhibit "B" (easement conditions) of the Public Entity Sewer Easement, attached hereto And incorporated herein by this reference. SECTION 2. Further, the Tigard City Council hereby authorizes the city Administrator to sign the Public Entity Sewer Easement with Exhibits "A" and "B". PASSED: This y 1990. may6r City of Tigard ATTEST, A"Y�VED C f Tigard of Tigard City Recorder City Project: city of Tigard Parcel No. -- Legal Description: 2S1 15AA 6800 Linear Feet: 63' PUBLIC LN111Y SfWLR EASEMENT Name of GRANTOR(s): City of Tigard_.____ Address: P.O. Box 23397, Tigard, Oregon 9722 An Oregon MuriLipa3 Corporation GRANTOR„ owner of the property described herein, does hereby grant, convey and warrant unto the Unified Sewerage Agency of Washington County, GRANTEE, the right to lay down, construct and perpetually maintain a sewer (or sewers) through, under and along the property described on Exhibit "A" attached hereto and by this reference incorporated herein. This grant of easement shall run with the land and shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors., and assigns. This grant is made upon the conditions attached hereto, marked Exhibit "B" and by this reference incorporated herein. This grant is made subject to no other conditions. Any temporary easement granted hereby is automatically extinguished upon acceptance of the completed sewer in the adjacent permanent easement. No structure shall be erected upon said easement without the written consent of the GRANTEE. The consideration for this grant is nonmonetary _ APPROVED IN WITNESS WHEREOF, the GRANTOR named above has hereunto set his hand and seal this By H ay of A.D.,199D GENERAL !MANAGER, Unified Sewerage Agency of Washington County, Oregon ✓ /� l� ��,'sc�__ APPROVED By ---�GRANTURI By GENERAL COUNSEL, Unified Sewerage By Agency of Washington County, Oregon ------(G RA_141 OQ�_ NOTARIZE DOCUMENT BELOW STATE Of OREGON j j SS County of Washington Date: Personally appearedknown to me to be the individualk who executed the above instrumenV and declared it to be the duly authorized act of the above-named grantor. �detary Public for regon My commission expires EXHIBIT "A.. City of Tigard 13125 SW Hall Blvd. PO Box 23397 Tigard, Oregon 97223 2S1 15A_A 6800 PERMANENT EASEMENT A parcel of land in the northwest one-quarter, of the northeast one-quarter of Section 15, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, said parcel being a portion of Tract "A," conveyed to the City of Tigard by the plat of Rebecca Park recorded in Plat Book 69 Page'. 37., Washington County Record of Plats, said parcel being 15.00 feet wide, 7.50 feet on e.:ch side of the following described center linea Beginning at a point on the west line of Tract "A" Rebecca Park, NO012'00"W 233.25 feet from the southwest corner thereof; thence S51a00'00"E 63.43 feet to the center of an existing manhole and terminus of easement. The side lines to be .lengthened or shortened to meet at the property lines. Basis of Bearing for this description is the west line of Rebecca Park, a plat of record in Washington County, City of Tigard, recorded in Plat Book 69, Page 37, noted as N0112'00"W. TEAfPOfVARY EASE 4EN^1 A parcel of land 80 feet wide, 40 feet on each side of the above described Permanent Easement center line and the extension thereof as described: Beginning it the point of beginning of the above described Permanent Easement; thence 551100'00"E along the centerline of said Permanent Easement and the southeasterly extension thereof a distance of 115 feet more or less to the easterly Bile of Tract "A" said Rebecca Park and terminus of easement. The side lines to be extended or shortened to meet at the property Lines. EXHIBIT"N' —_ .— 6800 --- vT TRACT A CITY OF't'EGARO�. 8 a eN�P v �a REBECCA f �N" dw/ a� I PAR K 02 EASEMENT I63q---4 k LAMPMAN EASEMENT L.I.D. 2S 115AA a IPA—% Wo 6800 Unified Sewerage Agency 1 EXHIBIT "B-- EASEMENT B"EASEMENT CONDITIONS 1. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property owners if additional area or access is required. The Contractor will be required to furnish the Agency with written releases from property owners where side agreements or special easements have been made by the contractor. 2. In all areas of trench excavation, the Contractor shall strip the top 12 inches of soil for full width of the area to be excavated, and stockpile it to one side of the work area. This soil shall not be mixed with any other excavated material and upon completion of backfilling, shall be spread over the entire disturbed area. The excavated trench materials shall be stockpiled so as to do the least damage to adjacent areas. Upon completion of. backfilling, the Contractor shall remove all excavated materials and leave surfaces in a condition equivalent to their original condition. All areas disturbed by the Contractor's operations inside easements shall be seeded. All areas shall be raked and graded to conform to their original contours and shall be free-draining, free from holes, rough spats, or other surface features detrimental to a seeded area. The Contractor shall correct by addition or disposal, regrading and reseeding, any excess or deficiency of backfill material which becomes apparent prier to final. acceptance of the project. All existing drainage facilities shall be reopened and graded and natural drainage restored. In lieu of stock-piling the topsoil, imported topsoil may be substituted in the top twelve (12) inches. 3: During the time that the work is in progress, the Contractor shall make every effort to maintain the site in a neat and orderly condition. All refuse, broken pipe, excess fill material, cribbing, etc. , shall be removed as soon as practic- able. Should the work not be maintained in satisfactory condition, the Agency may cause the work to stop until the cleanup portion of the work has been done to the satisfaction of the owner and/or the Agency. Unusual conditions and special situations may cause final cleanup and restoration to be delaved until the final stages of construction. 4. Sanitary ser•,r.ices shall not be provided by GRANTEE, from all sewer (or sewers) installed through, under and along the property described in Exhibit "A", to property located outside GRANTOR IS incorporated boundaries, unless, owners or operators of said unincorporated property enter an annexation agreement with GRANTOR. f;oltigard/rebcca. b