Resolution No. 93-27 CITY OF TIGARD, OREGON
RESOLUTION NO. 93-Q"7
i
�r A RESOI UTION OF THE CITY COUNCIL CITY OF TIGARD, OREGON, AUTHORIZING THE
i CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED
VACATING AN EASEMENT WITHIN SUBDIVISION S 91-06.
I
WHEREAS, a public sanitary sewer easement, recorded at fee number
90-37921, a portion of which is not required for sanitary sewer
purposes, crosses several lots created by subdivision S 91-06; and
WHEREAS, the owner of the lots has requested the extinguishment of the
easement; and
WHEREAS, the remaining portion of the easement required for sanitary
sewer purposes has been replaced by the subdivision plat; and
WHEREAS, the Tigard City Council finds that the easement provided on the
subdivision plat are adequate for the proposed sanitary sewers.
NOW, TF-nREFORE, BE IT RESOLVED by the Tigard City Council that:
i
Section 1: The City of Tigard hereby extinguishes its interest in the
easement described in the property descriptions and maps 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 extinguishing the
easement upon approval of the subdivision plat required by Director's
Decision S 91-06. A copy of the deed is attached hereto as exhibit "B"
and incorporated herein by this reference and will be recorded
simultaneously with the subdivision_ plat. 1
PASSED: This h� day of
1993.
or - ity of Tigard
ATTEST:
y Recorder - City 6f Tigard
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RESOLUTSON NO. 93- oZ�
Page 2
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w�90-37921
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iNOIVIDUAL-CERMAL PARTNMSHIP
0o PnUWZNT SANITARY SEWER EAb2NEHT
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,dE -j vu0c it,.,,t. tmH By VUSE PRUENTS I•;,LT ROBERT B. BURNESS &
herclualte—rcaLled the Grantors, in eonsidoration ror the sum o: 14
dollars 0 NONE ).,,'ram the City of
Tigard, hereinafrar called Grantees grarri-and convey unto :e toity of Tigard a
Perpetual aaaement for conatructiug, reconstructing, operating, maintaining,
inapecting and repairing of a,: underground sewer line and appurtenance.,
together with the right to rac:ovc, as neeesearys vegetation, foliage, trees
and other obstructions on the tollouing deacsibed parcel of land, situated in
Y _ the City of Tigard, Ncohington County, Stata of Oregon: - - -
See Exhibit "A- .(
IT IS EXPRESSLY UNDERSTOOD that this ensement does not convey any right, x
title or interest escept those expreaaly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover) provided,
however,, thnC such use &hall not interfere with the uses end purposea of the
intent of the ersccnt.
IN CONSIDERATT_ON of the premises, Grantee &green that if said Grantee, Ica
successors or asaiRda should Cause said aaacocnt to be vacated, the rights of
the Grantee in the abovrdeaerlbed eaaeoent will be forfeited and &hall
inzediatoly revert to the Gr&ntors, their successors and assigns In the ease
of such event.
SO HAVE AND TO HOLD the above-deoeribed and granted premises unto said
.Grantee, its successors &ad asaigne forever,
&
z IN WITNESS. UKERFOF. the grantor(a) has (have he eunto set his (her)
A! - (t hn d(a) and ae 3 thin I-7-M- day of 1990. `
Ll 57-
'. .LK! •G ) (SEAL) 'r
(SEAL) (SEAL)
STATE OF OREGON )
as.
�,. County of Washington )
5E IT R nEtBERED, that on thin day of -k 11%
before me, the undersigned Notary Public is and for t State of Oregon,
,�. personally appeared the within-named 12n(•uiv,-'�- f� �t �/C��_ r
who ie (are knows Co oe to ba the identical individual a describe d Sn and S%F "
,:he executed L.e within instrument and acknowledged to me that ha (she) (they)
executed the some freely.end voluntarily.
' •FL` '�i54'i'r�
_ IN :ESTIHOlTi' {S}iE�iEOF, 1 have hereunto set my hand and anal this��_day
of
Notary Public Cf—o; Oregon
7 - r11OSR3�4� g�
My Comn±aaion Ezpirea:
G r7MEN SL MMMrA�t �,,,_
vorvrpgt 1 ton this daV'ofEtpkrs-
By-
¢)
3!� Title:
Approved thin day of ✓Nly 19 eo ;e�•
GRANTOR'S N/tYf/ADDRESS DFPARTi! IEy�!'.cl�
Robert H. Burnese 8y: �^<< `
7531 St Landau St, Title:
Tigard, OR 97229
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�' _ — � 1 -i-•OTAL 4207 - Tig 7 i.Yt OR 97223
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STATUTORY QUITCLAIM DEED
(EASEMENT EXTINGUISHMENT)
The CITY OF TIGARD, OREGON, a municipal corporation duly organized
and existing under the laws of the State OE Oregon GRANTOR, releases and
quitclaims to AL WILLIAMSON, GRANTEE all of GRANTOR'S 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 Washington County
Deed Records, 90-37921.
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.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED Iid THIS INSTRUMENT
IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRSNG FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES.
Dated this day of , 1993.
CITY OF TIGARD, OREGON
By:
Patrick Reilly, City Administrator
STATE OF OREGON )
ss.
County of Washington ) , 1993
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 by authority of its Council; and
he acknowledged said instrument to be the City's voluntary act and deed.
[NOTARIAL SEAL]
NOTARY PUBLIC OF OREGON
My Commission Expires:
NO CHANGE IN TAX STATEMENTS
AFTER RECORDING RETURN TO:
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
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MULL ITY TITLE IPJ OU9iUUd
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BURTON ENGINEERING & SURVEY CO.
11945 S.W. PACIFIC HIGHWAY; SUITE 302 Rw
TIGARD, OREGON 97223
(503) 639-6116
JULY 17, 1990
JOB N0. 90-297
15.00 FOOT SANITARY SSWER EASEMENT
ACROSS A TRACTOF LAND IN THE SOUTHWEST ONE—QUARTER Or SECTION
25, TOWNSHIP T SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,
WASYINGTON COUNTY, OREGON, BEING A PART OF LOT 32, TRACT 1,
BOULEVARD HEIGHTS, A DULY. RECORDED PLAT IN SAID WASHINGTON
COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 32 WHICH BEARS
NORTH 0034'19' EAST 340.00 FEET FROM AN IRON PIPE FOUND AT THE
SOUTHEAST CORNER THEREOF; THENCE CONTINUING NORTH 0034'19' EAST
ALONG SAID LOT 32 EAST LINE 291.19 FEET TO THE SOUTHEAST CORNER
OF THAT TRACT. CONVEYED IN FEE NO. 85029191, WASHINGTON COUNTY �Y
DEED RECORDS; THENCE NORTH 89023'46` WEST, ALONG THE SOUTH LINE
OF SAID FEE NO. 85029191 TRACT A DISTANCE OF 165.27 FEET TO A
POINT ON THE WtST LINE OF SAID LOT 321 THENCE SOUTH 0031'03' WEST
ALONG SAID LOT 32 WEST LINE 15.00 FEET; THENCE SOUTH 89023145*
_ EAST', PARALLEL WITH SAID FEE No. 8502919/ TRACT SOUTH LINE 150.26
FEET TO A POINT THAT IS 15.00 FEET WESTERLY FROM, WHEN MEASURED
AT RIGHT ANGLES TO, SAID LOT 32 EAST LINE) THENCE SOUTH 0034'19"
WEST, PARALLEL WITH SAID LOT 32 EAST LINE 276.20 FEET; THENCE
SOUTH 89025'51" EAST 15,00 FEET TO THE POINT OF BEGINNING.
REGIS-F:FFD n
CArZOFESSrC:NAL - e `�.
y LANO SURVEYOR
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D.INIEL T,C3URTON
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