Resolution No. 91-02 NMI
CITY OF TIGARD, OREGON
RESOLUTION NO. 91-OC
A RESOLUTION CONCERNING THE CONVEYANCE OF A PRIVATE STORM AND SANITARY ^,",i
_ - N nv A GREENWAY PARCEL (WCTM 2S1 15AA, TAX LOT 901) FOR THE BENEFIT
OF�THEOWNER OF AN ABUTTING PROPERTY (WCTM 2S1 15AA TAX LOTS 800 AND 900) IN THE
CITY OF TIGARD, WASHINGTON COUNTY.
WHEREAS, the greenway tract was originally dedicated by the property owner to the
north; and
WHEREAS, due to topography, private storm and sanitary sewer lines had to be
installed within the greenway parcel in order to serve an approved 94-unit
apartment complex (File No. SDR 88-26); and
WHEREAS, the proposed easements will allow the owner of the apartment complex to
enter the greenway parcel for the purpose of maintaining these facilities; and
WHEREAS, the easements will clarify that the maintenance responsibility for the
lines rests with the apartment complex owner.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
(1) The Tigard City Council finds it necessary and desirable to grant a
private utility easements to the abutting owner to the north.
(2) The City Council finds that the easements are appropriate and consistent
with the Oregon Revised Statutes, the Tigard Comprehensive Plan, .and the
�,. Tigard Parks Plan.
(3) The Tigard.City Council approves granting the private storm and sanitary
sewer easements in Exhibit "A" to West Bell, Inc. and subsequent property
owners.
(4) The City staff is hereby authorized and directed to complete this action
and to have the appropriate documents recorded with Washington County.
PASSED: This is day of
Mayhi- - y of Tigard
ATTEST: G
City Recorder.- City f Tigard
MIS9102.RES(kl
AGREEMENT FOR EASEMENT
THIS AGREEAIENT, Made and eulerad into this ___._.___.._.day of.....Jpnua r'y ... ....
by and between TRE CITY OF TIGARD
hereinafter called the first party, and. LORE_C. LAB BY;, BERN JiRD CARR;_EDWARD GEI SLER ____ .. .,,____ .............
hereinafter called the second party;
W\TN ESSETH:
WHEREAS:The first party is the record owner of the following described real estate in..Washington ,
County,State of Oregon,to-reit: That certain real property dedicated for Greenway by instrument
recorded August 8, 1989 at Recorder's Fee No. 89-36419 the legal description of which was corrected
by instrument recorded December 7.9, 1989 at Recorder's Fee No. 89-53335.
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II *Gertrude Boyle; Bernard Carr and Robert Labby, Trustees of the Thomas Carr Trust, dated December
31, 1979; and Bernard Carr and Robert Labby, Trustees of the Leonard Carr Trust, dated December
i
31, 1979.
�I and has the unrestricted right to grant the easement hereinafter described relative to said real estate;
�i NOW, THEREFORE,in view of the premises and in consideration of One Dollar ($I) by the second �(
ii party to the first party paid and other valuable considerations,the roceipt of all of which hereby is acknowl-
edged by the first party, they agree as follows: i
' The first partydoes hereby grant,assign and set over to the second partya perpetual easement for storm I,
I� and sanitary sewers with the legal description of the storm sewer being described in.Exhibit A, attached fi
hereto and by reference incorporated herein and the legal description of the sanitary sewer being
. described in Exhibit B, attached hereto and by reference incorporated herein. The purpose of the sewer
easements is to allow the second party to construct, install and perpetually maintain the storm sewer
line and sanitary sewer line Tor the benefit of the property commonly known as the OakTree Apartments
and legally described on Exhibit C, attached hereto and by.reference incorporated.herein.. The second
party shall have the right of ingress and egress for the purpose of such construction, installation and
maintenance and shall be entitled t, perform whatever acts may be reasonable for the purpose of continuing
the proper.service and use of said newer lines.
1 .(Insert here a full description of the nature and type of the easement granted to the second party.)
The second party shall haveall rights of ingress and egress to and from said real estate(iacludinglhe_
.. right-frons--titres-to-lima,-excepf-as-f+e+einaftex-previsle�-to-eutr-tr+m-dfld-reflxeve-trees,-brush;-evevhartgirag--
branchesarad-etkeFolastruetionsj necessary for the second party's use,enjoyment,operation and maintenance of
the easement hereby granted andall rights and privileges incident thereto.
Except as to the rights herein granted,the first party shall have the full use and control of the above de-
scribed real estate.; provided, however, that first party shall construct no structures over the easement areas. .�
The second party hereby agrees to hold and save the first party harmless from any and.all claims of
third parties.arising from second party's.use of the rights herein granted.
The easement described above shall continue-for-a-f a ic+d-cf-__..in..perpecui.ty------------------ always.subject,
however,to the following specific conditions, restrictions and considerations: If the sewer lines require
replacement,.repair or other maintenance, all such replacement, repair and maintenance shall.be conducted
at the second party's sole cost and expense. The second party also agrees to restore the surface of the
k+. ground to the extent reasonably possible to the same conditions as existed prior to such activities.
Cl
C
If-flus .xascuxxwxt -s Jcyr-=-riLSlxL nt-u=r1;=<»:aar-or-across-first-fsart�s:vz+d_ceaL estate,_the-erntcr-line-ofw��id '
--Raser:lor>t-is-dciu:.r±bed-as-frill ews:
t,
and-seeertd-yh�r#yes right-oL svay-shall-be-parallel�vitJa svd_centec line-arttl-clot-mare-ilrar+__---.-"-.-.-.-.-.--.:--#ee[ �I
__distrxt�tram�i-f 4ef-side-N+eseof.-
This agreement shall bind and inure to the benefit of,as the circumstances may require,not only the
immediate parties hereto but also their respective heirs,executors,administrators and successors in interest as
well.
In construing this agreement and where the context so requires,words in the singular include the plural;
the masculine includes the feminine and the neuter; and generally, all changes shall be made or implied so
that this instrument shall apply both to individuals and to corporations.
IN WITNESS WHEREOF, the parties hereto have subscribed t�hi�s instrument in dupl-tate on this, the it
day and year first hereinabove written. CITY OF I-1&TWl.i /� I�
TiYle:_.._...� �
i1f Ifie ebove PaM •e'P7 er i r. -.."" ..-. n1/11/ `/................... 'V
named rret is o p al en, j i
I; the term et aaknowletl9ment eppenle.l
10-93.4901
STATE OF OREGON, ) STATE OF O!{c.GON.County ot._WiSMAT on----. ..........
of......._ )s.+. .. .i_ .v: .•.,.+ I9. 31..
County c. p
_... ....-._..... .....l Personally appeared.h"?-<-f'r',e re_.J. L\ei.�........................ i
Personally appeared the ebe—named ------- -- -- - --...........- - .,who,being duly sworn,
-'-'- _-" ceeh [or himself and-aeE anew F-the-otter,did
say thaf-the-for+nes-is-RF+o—
- .he.".is..Yhe"""..._.."._."....."..."._—_..---.-.---.-aroe:J x-a s-ttas-rhe-!acre..-;a-eha---:,
and acknowledged tha foregoing instrument to be-----.------
--- -_,-.-.--.." _- 'seoretaey-ot_the."Citg..o.f.".T.igard.
.�
.""...._......._........".....voluntary act and deed.
"a_munlci.pal"".corporation--------------------------_"".._._.""."..._.".,-e-aorporaaaa,
and that t-
of-said corperetion-amt that said instrument was signed and a.ltd in behalf
Belora me: of said corporation by-aurl,oritr-ol-ka faoart of directors;-erxf-eaohaF-them I
(OFFICIAL acknowledged said instrument to.be its voluntary act and deed.
SEAL) ..".."" ......_.. ... ......_"...
Notary Public for Oregon (pFFlCIAL
My commission expires: tory Pub1:c for Oregon SEAL)
My commission expires: 5-//0/G1
AGREEMENT STATE OF OREGON,
FOR EASEMENT County of.-------- :":.."...........
."...._}ss.
DE W.EN I certify that the within instru-
ment OFTIGhRD ment was received for record on the
--------day of ---- .............19_
at .. ..---_----o'clock..."M., and recorded
AND in book/:eel/volume No. on
sPncc RcsExvm ...__."..._"""".
LEONARO CARR TRUST, TBOMAS CARR TRUST, FOR page ....._-.--.-.._,or as documentffee/filef
ET AL instrument/mierofi/m No. ......:.. ....
.._...."..."" .-- -_.. Record of ...
AFTER RECORDING RETURN TO of Said County.
Randall B. Bateman, Esq. Witness my hand.and sea! of
.Preston Thorgrimson, et at, - County affixed
3200 U.S. Bancorp Tower -.-.__.........._.._..._:-_.-_
Ill S.W. Fifth Avenue ,.
6y _.. -..........<......................... .Deputy
Portland, OR 97204 .
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CLAx00o5
11/15/90
K.R.W_
EXHIBIT A
LEGAL DESCRIPTION
STORM DRAINAGE EASEMENT
An easement within Lot 27, WILLOW BROOK FARM, located in the
northeast one-quarter of Section 15 in Township 2 South, Range
1 West of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon, described as follows:
Commencing at a point on the south line of Lot 27, WILLOW BROOK
FARM, a subdivision recorded in Plat Book 2 at page 26,
Washington County records, said point being North 89148114" East
45.08 feet from the southwest corner of said Lot 27; thence
leaving said south line North 37'01155" East 29.61 feet; thence
North 57116100" East 118.47 feet; thence North 77146'25" East
16.00 feet to the TRUE PONT OF BEGINNING FOR THE EASM4ENT AREA
TO BE )DESCRIBED;
thence continuing North 77'46125" East 15.00 feet; thence south
12'13135" East 15.00 feet; thence South 77'46'2511 West 15.00
feet; thence North 12°13135" West 15.00 feet to the TRUE POINT
OF BEGINNING.
Containing 225 square feet or 0.005 acres, more or less.
This description is based on the Record of Survey recorded as
Number 23,,3/02 in the Office of the Washington County Surveyor.
Kristen R. Westersund, P.L.S. 2164 .
`' llA\'IDL=1riil�SntyD.f1.SSOCL\1'LS,INC.
ENGi\EERS.SURVE7'ORS.I'LANNF.RS,IAtiDSCAPE ARCBFFF.CF5,5CIENTISIS
OFFICES IN ORMON.U'AS111NGTON AND CALIFORNIA
2828 5.\6.CORBETT AVENUE.
PORTIAVD.OREGON 97201.4830
(503)223,6063 FAX(503)223-27,01
CLAX0005
11/15/90
K.R.W.
EXHIBIT B
LEGAL DF'£CRZPTION
SANITARY SEWER EASEMENT
An easement within Lot 27, WILLOW BROOK FARM, located in the
northeast one-quarter of Section 15 in Township 2 South, Range
1 West of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon, described as follows:
CCommencing at a point on the south line of Lot 27, WILLOW BROOK
�J1 FARM, a subdivision recorded in Plat Book 2 at page 26,
Washington County records, said point being North 89*48114t1 East
45.08 feet from the southwest corner of said Lot 27; thence
leaving said south line North 37'01155" East 29.61 feet; thence
North 5711610001 East 118.47 Peet; thence North 7714612511 East
85.97 feet; thence North 3.5"261151' East 40.16 feet; thence North
47°09137" East 49.51 feet; thence South 19`•10135" West 57.55
feet; thence South 46"1715411 West 63.81 feet to the TRUE POINT
OF BEGINNING FOR THE EASEMENT AREA TO BE DESCRIBED;
thence South 12"04°351° yt; thence North 41"23100"
West 54.04 feet to the line �thatbears North 77'46125" East
ascribed above; thence along said line North 77'4612511 East
17.18 feet; thence leaving said line South 41'23'0011 East 34.56
feet to the TRUE POINT OF BEGINNING.
Containing 665 square feet or 0.015 acres, more or less.
This description is based on the Record of Survey recorded as
Number 23,302 intheOffice of the Washington County Surveyor.
Kristen R. Westersund, P.L.S_ 2164
D•k\Ao Ekt,\NS ANIDAssCxaAI'rS I`r.
ESGI.\EERS.iUR%T)*OPS,PLA-NNER:LA\DSCAPEARCIIITG(.lS.SCIEN FKIN.
OITICES 1.\OREGON,%VA,S111\GTO\AND CAEIPORMA.
28285 U'.CORBEIT AVENUE
"ORTLAVD-OREGON 9>2m-4830
(501)22i 6663 FAX(503)223-2?OI
"�� -
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EXHIBIT C
The west one-half of Lot 26 and all of Lot 27, WILLOW BROOK FARM,
in the City of Tigard, Washington County, Oregon.
EXCEPTING from said portion of Lot 26 that tract conveyed to
George C. Burke by deed recorded in Book 762, Page 185 and
FURTHER EXCEPTING from said portion of Lot 26 that portion
dedicated for street purposes by instrument recorded August 8,
1989, Recorder's Fee No. 89-36420.
FURTHER EXCEPTING from said Lot 27 the east 344.35 feet thereof
and FURTHER EXCEPTING from said Lot 27 that portion dedicated for
green-a., t,y instrument recorded August 6, 1989, Recorder's 1'ee
No. 89-36419, the legal description of which was corrected by
instrument recorded December 29, 1989, Recorder's Fee No. 89-
63335-
Containing 192,731 square feet or 4.424 acres, iore or less.
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4495 FEET OF !
K FARM FD.5/8'I.R.
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Im W 44
3'I902 � r_r.Ir•.0000
f-tt10E TO
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/ PED. N 4
EASEMENT 3 5/8•I
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DOC-89-36421 ` FD. R
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ry A \ LLOW BP4OK FARM
PER SURVEY 23302
FoOTm—iT- Pc`� PROPOSED 15'X IS \
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B6GE -G GREEMWAY
6 STREAM
itp \\ O \ DEDICATION
PAD
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/ Q� \ 4 DC.O 89-63335
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EPARATION,BUT DOES NOT(�OUIRE PER SURVEY 23302 CF"'SET N O•B'48'W 2:00(HELD)
REOWIREMENT5 ARE MET,IMPACT FD.3/4"I.P.S 0.11,W 0.16
-AMT WAS 13EEN F2ECEIVED. FD.1/I•I.P.S 016,W 086
r:.Lltln�l- FD.3/8"IP.50.10.W 102