Resolution No. 95-44 CITY OF TIGARD, OREGON
RESOLUTION NO. 95- I-ILJ.
A RESOLT.7TION- AUTHORIZING AN ENCROACHMENT AGREEMENT FOR A PROPOSED SINGLE
FAMILY RESIDENCE ON LOT 26 OF PEBBLECREEK NO. 2 SUBDIVISION PLAT.
WHEREAS, a portion of a proposed house on Lot 26 of Pebblecreek No. 2
subdivision plat encroaches into a storm drain easement; and,
WHEREAS, an agreement has been prepared to allow the encroachment to
remain subject to certain conditions; and,
WHEREAS, is 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 Costa
Pacific Homes, 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
c agreement.
Section 2 . The City Administrator is hereby authorized to Dian the
encroachment agreement on behalf of the City after
receiving the req aired payment.
PASSED: This � day o` 1994.
L L—tx'
May City of Tig d
ATTEST:
City Recorder - Cii y of TigaJN
dj/Encroach_--
RESOLUTION NO. 95-``�L
Page I-
lfter Recording Return Copy or Recorded Oocoet_nt to:
'City Recorder.-City of Tteerd
13123 SOY Na11 BNd.-Tiecrd,OR 97223
ENCROACHMENT AGREEMENT
I OT 26 OF PEBBLECREEK NO.2
THIS AGREEMENT entered into this_day of 1995 between the CITY Or
TIGARD(hereaner"City")and Costa Pacific Hames(hereafter"Ovme s")
WITNESSETH:
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
portion of a building on that certain foundation corresponding to the plot pian attached hereto,
encroaching on the easement held by the City, said easement being over the following described
property:
The northerly 7.5 feet of Lot 26, Pebblecreek No.2 Plat,as recorded in Plat Book 97
Pages 2i do 22 of plats,Washing—ton County Records.
In consideration of which Owne; and their assigns,hereby promise and agree as follows:
I. 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 public utility 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 it:sole discretion,the materials,means,and methods to be used in
1 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.
It is covenanted and agreed between the parties hereto that all the covenants and agreements above
exsuessed shall be held to run with and bind the property described herein, and shall extent41 to and
include their heirs,assigns,devisees,lessees,and holders ofany kind of and under Owners.
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It is further covenanted and agreed between rte parties hercio,ihcir heirs and assigns,that this agreementp-
shall continue only so long as the encroachment 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 plan or discontinuance of such use.
IN WITNESS WHEREOF,I hereunto set my hand on this day of ,19_
Name of Corporation Signature
Address Tide
Signature
Title
STATE OF OREGON) — — -
+9
County of Washington}
This instrument was acknowledged before me on (date)by
(name(s)ofperson(s))as
_ (type of authority,e.g.,officer,trustee,etc.)of
(nameofpanyon behalfofethom instmment was executed).
Notary's Signature
My Commission Expires:
In accordance with Resolution No.95-__of the City of Tigard
Cit,of Tieard mom
13125 S.W.Hall Blvd City Administrator
Ti and OR 97223
t
STATE OF OREGON) 1.1
ss.
Count,of Washington)
This instrument was acknowledged before me on ��e1$/Cul (date)by William A.Monahan as
Cim Administrator of the City of Tigard.
Notary's Signature _
QFFi.;alL SEAL My Commission EXpires: Z3
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