Resolution No. 94-41 CI`±`Y OF TIGARD, OREGON
RESOLUTION NO. 94-441
A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT FOR AN EXISTING HOUSE
ON LOT 20 OF BENCHVIEW ESTATES PLAT.
WHEREAS= a portion of an existing house on Lot 20 0f Benchview Estates
plat encroaches into a sanitary sewer easement; and,
WHEREAS, an agreement has been prepared to allow the exi• ,,,.aachment to
remain subject to certain conditions; and,
WHEREAS, it appears that the proposed agreement adequately protects the
interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The encroachment agreement attached hereto with Cascade
Homes Development, Inc, dated August 10, 1994, is hereby
approved subject to payment of $125 to the City by the
owners as reimbursement for costs incurred by the City in
preparing and recording the agreement.
Sec-tion 2: The City Administrator is hereby authorized to sign the
encroachment agreement on behalf of the City after
receiving the required payment.
Cpl
PASSED: This day of n"� , 1994.
City of Tigard
ATTEST:
ca'6��/LL
City Recorder - City br Tigard
dj1KA:Encroachment.res
RESOLUTION NO. 94-
Page 1
Atter Recording Return Copy of Recorded Document to:
City Recorder-City of TI&w-d
13125 SW Hill Blvd.-Tigard,OR 97=3
RMrVMUAL File Na.
ENCROACHMENT AGREEMENT
TH,S AGREEMENT entered into this "Say of,)t _, 19f4 between the CITY OF
TIGARD (hereafter"City")and +r,i4 „ (hereafter"Owners").
WITNESSETH:
That the City, its successors and assigns, hereby-gr^atts—bargains, sells, and conveys unto the said
Owners and Their assigns,thy.,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:
txi?7 t "A"
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 ret:formed in gaining access to and repairing the sewer lines due to the encroachment on
the easement;
2. To reimburse the City for all repair expense which exceeds the expense which would have been
incurred if there had not been an easement encroachment;
3. To reimburse the City for the total repair expense if the repair work is necessitated by damage
caused by the easement encroachment;
4. The City may determine in its 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
independent 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.
a
It is covenanted and agreed between the parties hereto that all the covenants and agreements above
expressed shall be held to run 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 Ov.°ners.
Page 1 of 2
OEM
It is further covenanted and agreed betwem the parties 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
maintained in that location. All rights and privileges granted herein by the City shall terminated upon
the non-conformance to the plot pian or discontinuance of such use.
WITNESS our this - y of 192Y
Si t4W,, bj_07.A. Signature
Address r FF Address
q
STATE OF OREGON}
as.
County of Washington}
This instrument was ac),3-wledged before me on August 18. 1994 (date)by Gerald R. &-Igler
ice• OFFICIALSEALMANCYLAPONTAMN
?ZoMAURY PUBLIC-OREGON
-s!SstomNo ozwo Notary's Signa
AIY CGl AL.StON EXPIRES APRIL 1.1
L 8x7- g My Commission Expires: 4/1/97
In accordance with Resolr.uc. No.94-qL of the City of Tigard
City of Tigard
131:5 S.W. Hall Blvd_ City Administrator
Tigard,OR 97223
STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before me on_ (datF)by as
City Administrstnr of the City of Tigard.
't <Ty's Signature
ayFaaioahmea .__
My Commission Expires:
Page 2 of 2
(REGISTERED
PROFESSIONAL
- LAND SUR�V.—E�YO(JR
RANDY�OR,/OHNEA
I_ I
I I I
I
i
Lor 20
I 37.0'
2:01 /
I "• S Q.o-
1
WI Q
�I z
15.0-PUBLIC SANITARY
_I
_SE'A'ER EASChM N7 _ i
I_
— �
29.0'97.63' s.I• 20.p
MANHOLE _ _—_ _ MANHOLE r�
EXISTING SEWER LINE
LOT 19
IE SET BRASS SCREW 0 SET 5/8' X 30' IRON ROD ® FOUNO MONUMENT AS NOTED
SKETCH SHOWING SEWER LOCATION W.B. WELLS
LOT 20. °BENCHVIE41 ESTATES" AND ASSDCIATES. INC.
LLINTHE SE 1/4 OF SEC. 1 . T.2S. R.IY. Y.N. 4230 M.E. FREMONT ST.OF VASBINGTON STATE OF OREGON PORTLAND. OREGON 97213
8/8/94 SCALE: 1" = 20.0' .PHONE: 284-5896
OF BEARINGS: PLAT FILE N0. 94-045
MOBECOIT .ate