Resolution No. 95-45 e
CITY OF TIGARD, OREGON
RESOLUTION NO. 95—
A
5-A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT FOR A PROPOSED SINGLE
FAMILY RESIDENCE ON LOT 38 OF WAVERLY ESTATES SUBDIVISION PLAT.
WHEREAS, a portion of a proposed house on Lot 38 of Waverly Estates
subdivision plat 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 IT RESOLVED by the Tigard City Council that:
Section 1: The encroachment agreement attached hereto with Royal
Oaks Development Co., is hereby approved subject to
payment of $125 to the City by the owners as
reimbursement for ccsts incurred 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
fterreceiving the required payment.
PASSED_ This ��% day f 1994.
May - City of T' rd
ATT STc
City Recorder - City of Tigard
dj/Encr ch.rcE
RESOLU'T'ION NO. 95- �i 5
Page 1
•Aker Recording Return CoAy or Recorded Pueamenr te:
City Recorder-City of Tigard
1312!SW Hall Blvd.-Tigard.OR 97223
ENCROACHMENT AGREEMENT
LOT 38 OF WAVER.LY ESTATES SUBDIVISION
THIS AGREEMENT entered into this_day of _ 1995 between the CITY OF
TIGARD(hereafter"City")and Roval Oaks Development Co. (hereafter"Owners").
W1 T NESSETH:
That the City,its successors and assigns,herebv grants,bargains,sells,and conveys unto the said Owners
and their assigns, the right,power,and authority to lay down,construct, and perpetually mainta' a
portion of a portion of a deck of the Proposed residence corresponding to the plot plan attached he: '..
encroaching on the easement hand by the City, said easement being over the following describe...
property:
The southerly 15.00 feet of Lot 38,`,Waverly Estates Plat,as recorded in Plat Book 92
Pages 9. 10_e,c 1 I of plats.Washington County Records.
In consideration of which Owners and their assigns,liereby 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 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 its sole discretion,the materials,near-u,Lad methods to be used in
effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when
basedupon competitive bids obtained by the City or upon the written opinion of costs by an
indepcn,f=t registered engineer seieaed 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
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 Owners.
Page i of 2
15111
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it is further covenanted and agreed betnveen the parties hereto,their heirs and assigns,that this agreement :I
shall can only so long as the encroachment is constructed in conformance to the plot plan and
maintained in that location. All rights and privileges grmaed hrrein by the City shall terminated upon
the non-conformance to the plot plan or discontinuance of such use. '
t
11;WITNESS WHEREOF,I hereunto set my hand on this day of 19_
Name of Corporation Signature
Address Title
Signature
Title
STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before me on (date)by
(name(s)afperson(s))as
(type of authority.e.g.,officer,trustee,etc.)of
- (name ofparny on behalf of whom instrument was executed).
Notary's Signature
My Commission Expires .
In accordance with Resolution No.95- of the City of Tigard
Cit,of Tigard
13125 S.W.Hall Blvd. City Administrator
Tigard.OR 97223
STATE OF OREGON)
)ss.
County of Washington)
This instrument was acknowledged before we on `�/ag/�S (date)by William A.Monahan as ,
Cin Administrator of the City of Tigard.
- Notary's Signamre
� Ce•, My Commission Expires:. -to �i JIO�LjCf
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ROYAL OAKS DEVELOPMENT CO.
12038 S.W.ASPEN RIDGE DR.
TIGARD.OR 97224
639-4859