Resolution No. 95-49 CITY OF TIGARD, OREGON
RESOLUTION NO.- 95-44t? _
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SIGN, ON BEHALF OF
THE CITY, A QUITCLAIM DEED EXTINGUISHING EXISTING SANITARY SEWER
EASEMENTS IN THE PROPOSED SUBDIVISIONS OF MOUNTAIN HIGHLANDS NO. 2 AND
WILMINGTON HEIGHTS.
WHEREAS, the existing sanitary sewer line has been relocated within the
proposed subdivisions of Mountain Highlands No. 2 and Wilmington
Heights; and,
WHEREAS, the plats of the new subdivisions will create new easements
along the revised sewer .line alignment; and,
WHEREAS, the previous sewer alignment has been abandoned and easements
are no longer needed by the City along the previous alignment.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City of Tigard hereby extinguishes its interest in
the easements described in attached Exhibit 1.
Section 2: The City Administrator is hereby authorized and directed
to sign, on behalf of the City, a quitclaim deed
extinguishing the existing sanitary sewer easements
located within the proposed plats of Mountain Highlands
49 No. 2 and Wilmington Heights.
Section 3: This resolution shall become effective upon approval by
the City of a final plat of the proposedsub ivisions.
#n
PASSED: This day off 1995.
1
Mayor .ty o TtFar
ATTEST:
City Recorder, - City of Ti rd
rw/esmt-res
RESOLUTION NO. 95-`L—'(/--49
Page 1
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K.WOW ALL.NEN BY THESE PRFSENTS.Thar....CLT..Y...�F_...IG.1R,D,•__. +' rs`I
w'ac :......
.. ....__.........---....-.-..................hsre;naltde—114dGrantor,C.
' for the cpnaider•�tion hareinatter stared.dose harebY remise,ralesae and quirelaim unto......._.............................................W qr
CASCADE CG."tMUNITIES A,._INC_.,,_-_@n,,,,r@. on C r
herainaher called greeeeaa,and unto ganrae'a hain,suctesors snd assigns at!of the 9"m—'s right.title and interest
c in that terrain raal pmparty with the ranamern..h...ditem.nra and appurretureeas thoraunro belonging or,n any
way apparrainind,;ituarad in the C—y of.-..Washington ,�._• State of Oregon,dear--ibed as t ll.—.to-wir:
The purpose of this Quitclaim Deed is to re--align a 15 foot Sanitary
Sewer Easement to the City of Tigard, as described in Document No's.
91-26198, 91-26199 and 91-26291, a 15 foot Public Utility Easement as
r described in Document No. 97-26200 and an Easement as described in.
f' .Document No. 93-001900, to acriform to the approved construction of
the proposed plats of Mountain Highlands No_ 2 and Wilmington Heights.
Legal descriptions for the proposed plats of Mountain Highlands No. 2
and Wilmington Heights are shown on Exhibit "A" attached.
This Quitclaim Deed affects only that portion of the above mentioned
easement documents that lie within the property described in Exhibit "A".
' IIP SPACE INSUPFICIENT.CCNiINUE DGSCR:PTION ON aEvERSE SIOEI
To Have and to ZZold the same unto he grantee and grants.'.heirs,avcceasora and assigns forever.
The tare sad., —I coroidararion pans
aid for chis rrfer,.rated in terms a1 dollars.is$__none.............__._
THewever, the somal consideration consists of or includes other property or value given Or promised h.1,I.
nM chole ns:darariort(indfcara which).C(Thr uarvnw benwean Ne ryrnbWr9,it r»t app/i-:.wle,zhwld tra d! ed.Sero ORS 9J.DJ0.)
1.construing his dead,where he canremr so requires. he singular in l d.s he plural and.11 gr .tical
.Ranges shall be made so Ater this deed shall applyaqually to carporarioro and to individuals. !`
1.Witness Whereof,the grantor has...cured this irorrvmer:t thus........_......day of._......
---.-------_ 19..._...:
ii a corpora- i•a-neer,it hassad its name to be-igned and its seal,if any.affixed by an officer or other person ,.
duty authorial rherere,by order of its board of direcrom CITY OF TIGARD
.._..............._.............._........................._........_............_.................
THIS
RUMNWILL NOT
LOW
OF THE PROPE.—OE
SGRISE SIN TNE<INSTRUNE T III VIIOLATION OF APPLICABLE LAND
USE LAAND REGUA
REGULATIONS. BEFORE SIGNING OR AC TEPTING ........................................................................................................
THIS STRUNENT. E PERSON CQUIRING FEE TITLE O THE E
PROPERTY SNOULo CHECK 'a TY WITH THE APPROPRIATE CIOR yt
COUNTY PLANNING OEPART%ENT TO VERIFY APPROVED useeS. ...............................................................................................
STATE OF OREGON,C--Y ci......................_.. ---------.._:...._...,._J ss.
This ins[nrmen[was acknowledged before ane on............................
.......
..............:..l9.........
bY.................._................................_................._......_....._....._.._............,..........,....._.....................................
Thisins,—Trent was aeknowiedg-d before me on-...............................................19..._...,
.................................................................
....................................................................._....................................................................,................._ :
of.-..__.__-...... ...........................................................................
.................__........................ ................................
Notary P.Wic for Oregon
:Ny commission expires..._......_...................................................
City of Tigard _ STATE OF OREGON, l u
HaZZ Blvd. Covn�'of____-----J
t terrify that rite within imt-ment
was—i,,d for record an the_.......day
Cascade Communities, Inc_ 19..._..,ae
of._.._.._..'— ,-.'..._.,
`f�"NiHa" y-1•r en Ss lazi -Dr. p"N40 �_o'Uak_—M.,artd reecrdad in
Portland, OR 97217_:___ book/ree!lvalume No____......-.--on page
......_... _---.--• :.. `a ._ ..and/or as fee%file/insrrv-
c,a.e. N....
CaSCZ�t:OmIDL'n2 t1E Inc. meat/microfilm/reception -
_...__—
700 N. Hayden_Island Dr_ rf33b Racprd of Daads cf said Ccvnty.
Witness my hand and seal of
._....__.._..'."..— �'.....'_— C.—ly affixed.
u,
.sale
BY� ..--.Deputy
EXHIBIT "A" , Page 1
LEGAL DESCRIPTION
Proposed Mountain Highlands No. 2
A portion of Tract '8" MOUNTAIN HIGHLANDS, a tract of land located in the Southeast one
quarter of Section 4 and the Northeast one. quarter of Section. 9, Township 2 South. Rang& 1
west of the Willamette Meridian. in the.City of Tigard, Washington County, Oregon, the
boundary being more particularly described as follows:
Commencing from a 3 1/4 inch aluminium disk at the Southeast corner of Section 4; thence
NortY: 88°13'49" West, 846.12 feet to a 5/8 inch iron rod with yellow plastic'Cap marked ^G
& L Land Surveying Inc.". said iron rod being the true point of beginning; thence North
88013'49" west, 113.76 feet to a 5/8 inch iron rod with yellow plastic cap marked "G & L
Land Surveying Inc.": thence South 01°55.47" West 22.48 feet to a 5/8 inch iron rod with
yellow plastic cap marked 'G & L Land Surveying Inc.'; thence South 54^56.28• west 60.00
feet to a 5/e inch iron rod with yellow plastic cap marked 'G & L Land Surveying Inc." at
the beginning of a 470.00 foot radius curve to the left having a central angle of
03"49140": thence along the arc of said curve to the left (the long chord of which bears
North 36°58.23" [vest_ 31.39 feet) 31.40 feet to a 5/8 inch iron rod with yellow. plastic cap
masked "G & L Land Surveying Irc."; thence North 38'53.13¢ West 95.00 feet to a 5/8 inch
iron rod with yellow plastic cap marked "G & L Lard Surveying Inc." at the beginning of a
19.00 foot radius curve to the left having a central angle of 89'37'44"; thence along the
arc of said cu-�,ve to the left (the lona chord of which bears North 83.42.OS" West 29.79
feet) 29.72fe:;c co aS/8 inch iron rod with yellow plastic cap marked "G & L Lard
Surveying Inc."; thence South 51"29.03" west, 14,80 feet feet to a .5/8 inch iron rod with
yellow. plastic cap marked "G & L Land Surveying Inc.' at the beginning of a 222.00 fact
curve to the right having a central angle of 10^34'11'; thence along the arc of said curve
to the right (the long chord of which bears South 56'46'29" West 40,90 feet) 40.95 feet to ,
a 5/8 inch iron rod wit'.L yellow plastic cap marked "G & L Land Surveying Inc." at the
beginning of a 19.00 foot radius curve to the lett having a central angle of 76'04'30";
thence blorg the arc of said :urvs to the left (the long chord of which bears South
26"00'59' West 23.41 feet) 25.23 feet to a 5/8 inch iron rod with yellow plastic cap
marked"G & L Land Surveying Inc."; thence South 14101':6" East. 16.79 feet to a 5/8 inch
iron rod with yellow plastic cap marked "G & L Land Surveying Inc.'; thence South
75"58'44" West42.00 feet to a 5/8 inch iron rod with yellow plastic cap marked 'G & L
Land Surveying Inc."; thence North 14.01'1.5" west 10.72 feet. to a- 5/8-inch iron rod with
yellow plastic cap marked "G & L Land Surveying Inc." at the beginning of a 19.00 foot
curve to the left having a central.angle of 94'4S'42'; thence along the are of said curve
to the left (the long*chord of which bears North 56-24.17• West .25.61 feet) 28.11 feet to
a 5/8 inch iron rod with yellow plastic cap marked 'G & L Land Surveying Inc." at the
beginning of a 222-00 foot curve to the right having a central angle of 10133'091; thence
along the arc of said curve:to the left (the long chord of which bears South 86°29'36"
West 40.83 feet) 40.89 feet to a 5/8 inch iron rod with yellow plastic cap marked "G & L
Land Surveying Inc.'; thence North 88^13'49" west 47.13 feet to a 5/8 inch iron rod with
yellow plastic cap marked 'G & L Land Surveying Inc.": rhence North 01053'28' East 22.00
feet to a 5/8 inch iron rod with yellow plastic cap marked "G & L Land Surveying Inc.";
thencs North 02108.25" East 330.44 feet to a 5/8 inch iron rod with yellow plastic cap
marked 'G. & L Land Surveying Inc."; thence South 88'13'49" East 22.46 feet to a 5/8 inch
iron rod with yellow plastic cap marked "G & L PLS 1989" at the beginning of a 2530.00
foot radius curve to the right having a central angle of 03"31'20"; thence along the arc
of said curve to the right (the long chord of which bears North 00"23'27" East 155.51
feet) 155.S3. feet to a5/8: inch iron rod with yellow plastic cap marked "G & L PLS i989":
thence South 87'SO'52"East 66.62feet to a 5/8 inch iron rod with yellow plastic cap
marked "G & L PLS 19891; thence North 76"29'03' East .194.16 feet to a 5/8 inch iron rod
with yellow plastic cap marked '3 &.L PLS 1989"; thence (4orth 83427'28" East 96.55 feet to
a 5/8 inch iron rod with yellow plastic cap marked "G & L Land Surveying Inc."; thence
EXHIBIT "A", Page 2
LEGAL DESCRIPTION (Continued)
Proposed Mountain Highlands No. 2
South 40^46'46' East 102.80 feet to a Vr� inch iron rod wish yellow plastic cap marked "G
& L I.and Surveying Inc.`: thence South 84.18.38" East 25.31 feet to a 5/8 inch iron rod
with yellow plastic cap marked "G & L Land Surveying Inc.': thence South 01'34'27" West
132.55 feet to a 5/e inch iron rod with yellow plastic cap marked "G & L Land Surveying
Inc.' at the beginning of a 120.00 foot eur.•e to the right having a central angle of
06^17'39"; thence along the arc of said curve to the right (the long chord of which bears
South 70'08.38" East 13.18 feet) 13.18 feet to a 5/8 inch iron rod with yellow plastic cap
marked "G S. L Land Surveying Inc.': thence South 02"51.53" East 114.62 feet to a 5/8 inch
iron rod with yellow plastic cap marked "G & L Land Surveying Inc-"; thence South
02^08.25" West 222.94 feet to the initial point.
EXHIBIT "A", Page 3
LEGAL DESCRIPTION
Proposed Wilmington Heights
A portion of Tract "8" MOUNTAIN HT_GIMIP.N?S in the Southeast one-quarter of Section 4 and
the Northeast one quarter 01 Section 9, Township 2 South, Range 1 West of the Willamette
Maridian and being more particularly described as follows:
Commencing from the Southeast corner of said Section 4, said point being marked by 3-1/4
inch aluminum disk; thence North 88^13'49' West, 959.88 feet to a 5/3 inch iron rod with
yellow plastic cap marked "G & L Land Surveying, Inc."; thcnce South 01°55.47" West, 22.4.
fact to a SIG inch iron rod with yellow plastic cap marked "G & L Land Surveying, Inc."
and the initial point: thence South 54^56'28" West, 60.00 feet to a 5/8 inch iron rod wit
yellow plastic cap marked "G & L Land Surveying, Inc." at the beginning of a 470.00 foot
radius curve to the left having a central angle of 03"49'40"; thence along the e-.re of sai.
curve to the left (the long chord of which bats North 36^58'23" west, 31.39) 31.40 feet
to a Sib inch iron rod with yellow plastic cap marked "G & L Land Surveying, Inc."; chant•
North 3815312.3" west, 95.00 feet to a 5/6 inch iron rod with yellow plastic cap marked "G
& L Land Surveying, Inc." at the beginning of a 19.00 foot radius curve to the left haviry
a central angle of 99'37'441; Chance along the arc of said curve to the left (the long
chord of which bears North 83'42'05" :lest, 26.78 feet.) 29.72 feet to a 5/8 inch iron rod
with yellow plastic cap marked "G & L Land Surveying, Inc."; thence South 51.29'03" West,
11.80 feet to a 5/8 inch iron rod with yellow plastic cap marked "G & L Land Surveying,
Inc." at the beginning of a 222.00 foot radius curve to the right having a central angle
of 10"34.111; thence along the arc of said curve to the right (the long chord of which
. bears South:56'46.09' West, 40.90 teem) 40.95 feet to a 5/8 inch iron rod with yellow
plastic cap.marked "G & 1, Land Surveying, Inc." at the beginning of a 19.00 foot radius
curve to the left having a central. angle of 76'04.30 thence along the arc of said curve
to the left (the long chord which bears South 24100.59" West, 23.41 feet) 25.23 feet to a
5/8 inch iron rod with.yellow plastic cap marked "G 6. L Land Surveying, Inc.'; thence
South 14101'16" East, 16.79 feet to a 5/8 inch iron rod with yellow plastic cap marked "G
& L Land Surveying, Inc.'; thence South 75'58'44" west, 42.00 feet to a 5/8 inch iron rod
with yellow plastic cap marked "G & L Land Surveying, Inc.`; thence North 2.4101'16" West,
10.72 feet to a 5/8 inch iron rod with yellow plastic cap marked "G & L Land Surveying,
Inc." at the beginning of a 19.00 foot radius curve to the left having a central angle of
84'45.42"; thence along the arc of said curve to the left (the long chord -of which bears
North 56'24'07" West, 25.61 feet) 28.11 feet to a 5/8 inch iron rod with yellow plastic
cap marked "G & L Land Surveying, Inc." at the beginning of a 222.00 foot radius curve to
the right having a central angle of 10'33'09"; thence along the arc of said curve to the
right (the longchord of which bearr South 86'29.36" West, 40.83 feet) 40.89 feet to a 5/1.
inch iron rod with yellow plastic cap marked "G E. L Land Surveying, Inc."; thence North
88'13'49" West, 47.13 feet to a 5/8 inch iron rod with yellow plastic cap marked "G a L
Lard Surveying, Inc."; thence South 01153'26" West, 509.82 feet to a 5/8 inch iron rod
with yellow plastic cap marked "G & L Land Surveying, Inc."; thence North 62'07'51" East,
412.43 feet to a 5/e inch iron rod wits yellow plastic cap marked "G & L Land Surveying,
Inc."; thence North 01'55'47" East, 305.38 feet to the initial point.
Exhibit A
Page
!" Proposed
I Mountain Highlands,No.2
Parcel 1
ii
;. _ _ _
ent to
''��the raty of Tig;;sd per Doc.No.91-26198,
`': No.91-26199 and 91-26201 and a 15 Public Utility
I Easemeat per Da;.No.91-26200
572'45'26-W
50'±
Q...Doc.93001908.
60 Utility oaf=Easement
31Y each sde of conwrline
to the Oty of Tigard
.�`.. 1"=120'
Proposed
Wilmington Heights
,.,;• Parcel 2
hry0