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Resolution No. 91-29 — e CITY op TIGARD r RESOLUTION NO.91-aq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD,OREGON, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A n[nTCLAIM DEED VACATING AN EASEMENT FOR SANITARY SEWER BEGINNING AT A POINT LYING AT THE INTERSECTION OF BENCHVIEW TERRACE AND SOUTHWEST 132ND AVENUE AND DESCRIBED ON EXI-RBIT"A". WHEREAS,in 1990, by document recorded on January 18,1990,at Recorder's Fee No.90-02847,in the Records of Washington County, Oregon, Columbia Equities,Inc.,granted to the City of Tigard a sewer easement beginning at a point lying at the intersection of Benchview Terrace and Southwest 132nd Avenue and described on Exhibit "A,"for the purpose of building and maintaining a sewer line; and WHEREAS,the present owner, MEF International, a California limited partnership, wishes to extinguish this sewer easement and, together with Waverly Construction Company, an Oregon corporation, Bull Mountain Project of Oregon, an Oregon limited partnership, and M-B Development, Inc., an Oregon corporation, wish to grant the City of Tigard an easement for sanitary sewer on properties owned by such parties; and WHEREAS, the Tigard City Council finds that there is no longer a need to retain the sanitary sewer easement; NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1. The City of Tigard hereby extinguishes the easement described in the property` description and map attached hereto as Exhibit"A"and incorporated herein by this reference. SECTION 2. Further,the Tigard City Council hereby authorizes the City Administrator to sign a Statutory Quitclaim Deed extinguish' ea ment. A copy of the deed is attached hereto as Exhibit"B" and inorated herein by this reference. PASSED: This day of 199 ' ' Mayor-City of Tigazd .- ST: AOVED TO FOF.Vr-- 114City I�eco��r;City of Tigard o ey, i rd f7 Date GG RESOLUTION NO.!—aC( CITY OF TIGARD,RESOLUTION NO. 91- NDM\90024\4\TIGARD.RFS W IFF Sanitary Sewer Easement (Tax Lot 5700, Map 2S1 4DC) A fifteen (15.00) foot wide sanitary sewer easement, the center line of which is more particularly described as follows: Beginning at the Northeast corner of Parcel I, as described in Bargain and Sale Deed recorded as Document No. 86032439 and located in the Southeast one-quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and running thence South 01*58121" West, along the East line thereof, a distance of 270.00 feet to the True Point of Beginning; thence North 87'31130" West, a distance of 180.00 ieet to a point; thence North 361151450- West, a distance of 90.00 feet to a point; thence North 25-54'00" West, a distance of 61.30 feet to the South end of S.W. 132nd Avenue as dedicated in BENCHVIEW ESTATES, a plat of record, and the terminus of this description. t. EXHIBIT "A" nbm\90024\4\Eah,Vbjd Page of __,aPages t Wil IN Jkk7el"E' .SHE IN AwRMY ME Mm- "COCHMEW 5 Eofv 9 eF- y N�� o Rp` o' SER J I-- A s �G S7oO �aP �5 ! ¢OC Pvo�oe✓f•e 5 I W o -- Z� �Z of BENCHVIEW 2 SUBDIVISION O 1 a1N EXHIBIT A old Page -P— of Pages zl STATUTORY QUITCLAIM DEED, (EASEMENT EXTINGUISHMENT) The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon, GRANTOR,releases and quitclaims to t W [NTERNATIONAL,a California limited partnership(successor in interest to COLUMBIA EQUITIES,INC.,an Oregon corporation), GRANTEE,all of GRANTORS right,title,and interest in and to the real property,situated in Washington County,Oregon,described in Exhibit'A'attached hereto and incorporated herein by this reference,granted to the GRANTOR by instrument recorded at Recorder's Fee No.9..•02847. The true consideration for this conveyance is $0.00. However, the actual,consideration consists of or includes other property or value given or promised which is the whole consideration. f THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this �1 n day of —1�G✓�- 1991. CITY OF TIGARD,OREGON e PatriReilly,Omit}istrator STATE OF OREGON ) ss. County of Washington ) (� 1991 Personally appeared Patrick Reilly,who, being duly sworn,did say that he is the City Administrator of the City of Tigard.Oregon,and that said instrument was signed on behalf of said City t)y authority of its Council; and he acknowledged said instrument to be the City's voluntary act and deed. [NOTARIAL SEAL] N S�TARY PUBLIC OF OREGOIJ My Commission Expires: [)Iqt NO CHANGE IN TAX STATEMENTS AFTER RECORDING RETURN TO: Kenneth M.Elliott Attorney at Law O'Donnell,Ramis,Crew&Corrigan 1727 NW Hoyt Street Portland,Oregon 97209 i- EXHIBIT Page I of STATUTORY QUITCLAIM DEED 1 Pages nbm\90024\4\ogard.gc f Sanitary Bearer Easement (Tax Lot 5700, Map 2S1 4DC) A fifteen (15.00) foot wide sanitary sewer easement, the center line of which is more particularly described as follows: Beginning at the No,-theast corner of Parcel I, as described in Bargain and Sale Deed recorded as Document No. 86032439 and located in the Southeast one-quarter of Section 4, Township 2 South, Range 1 Wast, Willamette Meridian, Washington County, Oregon, and running thence South 01'58 21 West, along the Fact ?i;u thereof, a dl..—tance of 270.00 feet to the True Point of Beginning; thence North 87°3113011 Wast, a distance of 180.00 feet to a point; thence North 36'15145" West, a distance of 90.00 feet to a point; thence North 25'5410011 West, a distance of 61.30 feet to the South end of S.W. 132nd Avenue as dedicated in 13ENCHVIEW ESTATESa plat of record, and the terminus of this descriptio, n. i` nbm\90024\4\Fxh,A/bjd EXH113IT ^A^ EXHIBIT Page 2 _ of 2. 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