Resolution No. 94-05 CITY OF TIGARD, OREGON
RESOLUTION NO. 94-_CfD_
A RESOLTTTION AUTHORIZING AN ENCROACHMENT AGREEMENT FOR AN EXISTING HOUSE
ON LOT 1$ OF THE RAZBERRY PATCH.
WHEREAS, a portion of an existing house on Lot 18 of The Razberry 'latch
encroaches into a sanitary sewer easement; and,
WHEREAS, an agreement has been prepared to allow the encroachment to
remain subject to certain conditions; and,
WHEREAS, it appears that the proposed agreement adequately protects the
interests of the City.
NOW, THEREFORE, BE T_T RESOLVED by the Tigard City Council that:
Section 1: The encroachment agreement attached hereto as Exhibit A
is hereby approved subject to payment of $125 to the City
by the Owners as reimbursement for costs incur_-ed by the
City in preparing and recording the agreement.
Section 2- The City Administrator is hereby authorized to sign the
encroachment agreement on behalf of the City after
receiving the required payment.
PASSED: Thisda�i/O�/ - a�u�fL _, 1994.
NW
r - City of Tigard
ATTEST:
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City Recorder City of T' and
rw/encroach
WON
RESOLUTION NO. 94- C�
Page 1
After Retorting Return Copy of Recorded Documeat to:
• City Recorder-City of-Tigard
13725 SW Hall Blvd.-Ttgmi,OR 97223
7NDIVID7JRL. File No.
r
ENCROACHMENT AGREEMENT
TIES AGREEMENT entered into this_day of 19. between the CITY OF
TIGARD (hereafter"City")and Anthony P.and Colleena K.Canaci(hereafter"Owners").
W I T N E S S ETH:
That the City, its successors and assigns, hereby grants, bargains, sells, and conveys unto the said
Owners and their assigns,the right,power,and authority to lay down,construct,and perpetually maintain
a building on that certain foundation corresponding to the plot plan attached hereto,encroaching on the
easement held by the City,said easement being over the following described property:
The portion of the permanent easement granted by the Circuit Court of the State of
Oregon for Washington County on October 14, 1966,in Judgment Order No. 27-106
(Metzger Sanitary District vs. L.V. IIighhouse, Jr., et. al.), being the portion of said
easement lying within. lot 18 of The Razberry Patch recorded in Book 39, page 23,
Washington County Subdivision Records.
In consideration of which Owners and their assigns,hereby promise and agree as follows:
1. To forego any and all claims that Owners might have at any time against the City arising from
work performed in gaining access to and repairing the sewer lines due to the encroachment on
the easement;
2. To reimbuvse the City for all repair expense which exceeds the expense which would have beer.
;ncurrntj if there.had not ner_.n an easement encroachment:
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easemer_t encroachment:
4. The City may determine in is sole discretion, the materials,means,and methods to be used in
effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when
based upon competitive bids obtained by the City or upon the written opinion of costs by an
---dependent registered engineer selected by the City. The cause of damage in subparagraph 3
above shall be established by the written opinion of an independent registered engineer selected
by the City.
It is covenanted and agreed between the partes hereto that all the covenants and agreements above
expressed shall be held to nm with and bind the property described herein, and shall extend to and
include their heirs,assigns,devisees,lessees,and holders of any kind of and under Owners.
It is further covenanted and agreed between the patties hereto,their heirs and assigns,that this agreement
shall continue only so long as the foundation is constructed in conformance to the plot plan and
Page I of 2
- maintained in that location. 411 rights and privileges granted herein by the City sha-H terminated upon
the non-conformance to the plot plan or discontinuance of such use.
WITNESS our hand this _day of 19
Signature - Anthony P. Capaci Signature-Colleena K Capaci
Address Address
STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before me on (date)by Anthony P Capaci and
Colleen K.Capaci.
Notary's Signature
My Commission Expires:
In accordance with Resolution No.94-c>5 of the City of Tigard
City of Tigard
13195 c.'Jv. Hall.Blvd. Patrick J.Reilly, City Administrator
Tinard, OR 97223
STATE OF OREGON)
)ss.
Comity of Washington)
This instrument was acknowledged before me on (date)by Patrick J.Reilly as City
Administrator of the City of Tigard.
Notary's Signature
My Commission Expires:
•Page 2of2
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