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77-14521 77. 14521 CONSENT COVENANT Street Improvements The undersigned contract purchasers and/or legal title holders of the hereinafter described real premises in the City of Tigard, Oregon, do hereby record the consent of each of the undersigned to the formation of an improvement assessment district by the City of Tigard for the purpose of improving public street (s) upon which the following described premises abut, and the undersigned expressly waive all present and future opposition or remonstrances against improvement of said street (s) 'dnd the assessments therefor whether now or in the future undertaken pursuant to Chapter 223 Oregon Revised Statutes. This consent and waiver shall run with the title to said lands and be binding upon the undersigned and all successor owners , for a period of _rEN years from the date hereof with respect to the following described premises : 72nd BUSINESS CENTER (A subdivision of record) ' z a g IND e)(F-Q T *TATE D this 12th day of August , 1977 W .d A afisU"Ni° o 0 OREGON )ss MULTNOMAH On this 12th day of Au ust , 1972__ personally `ap.peared the above named PAUL G. HANSEN. RORRRT,.� ELE CSA AND PARS ONS and acknowledged the foregoing instrument voluntary act and deed. Before me: Laf"a�� Nota public, for Oregon �p � .::• mm] s�] ®n expires . o- 11..,�_W 'MC iiik?f *p d _ y, Accepted by the Tigard City Council September 12 , 1977 . Doris Hartig, City ecorder aouK 1210 PACE 866 -w� i i ISTATE OF OREGON c �"C SS County of Washington 111 «� rtor of I 1, Rogera dE pf{�cio rRe der of Cons and Election: do.heYebq�certify that veyances f"r sa+d„county,y was received the within,uanstcument}Rof records and recfrded in book , No. of said acounty-, hand and ;Seal affix med Witness Y r SgEN Director of `.ROGER r gi Elebtions;' -Records• Deputy OCT 2 5 1977 y NDEXEG Zze1PZ STjE E -0�-. - . . I I ri- < m C�l I t •` \ �. LI i � i�V,4NS PA?KWAY A CD F--C!H� Y. R sSJIx, rn FIR STREET � R' ' D go IL p CHERRY' STREET SANDBURG ; STREET rn �Prar C i li I � f S.W. LANDMARK LN. C� I • N I � \ ! 06 Harris-McMonagle Associates, Inc. ENGINEERS-SURVEYORS 8905 S.W. COMMERCIAL STREET TIGARD, OREGON 97223 Telephone(503)639.3453 January 29, 1980 JAN 2 y 1yo� Mr. Alde Howard � TIGgRp Planning _ Director City of Tigard 12420 S. W. Main St. Tigard, Oregon 97223 Re: 72nd Business Center (Formerly Varnes Park) Dear Aldie: On August 27th, 1979 we wrote you concerning deletion of the AC walkway/ jogging path be deleted along the perimeter of Lots 2 through 12, except those portions of 2 and 12 fronting on S. W. 72nd Avenue. The letter was written after our meeting at the project and agreement that because of subsequent building construction the pathwas no longer practical . Subsequent deletion of the path has been made on Lots 12 and 13 along S. W. 72nd according to the Planning Staff report of October 11 , 1979. . Now that S. W. 72nd is to be improved in the near future, we request that all AC walkways and jogging paths be deleted from the subdivision requirements with the exception of the 4 foot wide AC pedestrian path as shown on the con- truction plans along S. W. Fir St. from S. W. 72nd to S. W. Fir Loop. Our client-pis reluctant to complete the path along S. W. Fir St. without written verification that the remaining paths are no longer required. If you are in agreement with our present proposal and that in our letter of August 27th, 1979, would you please sign one copy of this letter and return it to our office. Also, would you transmit one copy of the approval to the City Public Works Department. Sincerely yours,,�,� Stuart L. Cato Harris-McMonagle Associates, Inc. SLC:ds enc. cc: Frank Currie, City Engineer cc: Bob Fletcher Ap rove - A �e H war anning Di or Harris-McMonagle Associates, Inc. ENGINEERS-SURVEYORS 8905 S.W. COMMERCIAL STREET TIGARD, OREGON 97223 Telephone(303)639-3433 August 27, 1979 Mr. Aldie Howard City of Tigard 12420 S. W. Main St. Tigard, Oregon 97223 Re: 72nd Business Center (Formerly Varns Park) Dear Mr. Howard: We are requesting that the requirements for the A.C. path through Lots 2 through 12 around the perimeter of the subdivision be deleted. We propose to install the A.C. walks on Lots 1,21 12 and 13 along S. W. 72nd and S. W. Fir St. . The Varns St. L.I.D. will provide 'concrete sidewalks along both sides of Varns Rd. , which would serve the same purpose as the A.C. path. , Subsequent construction on Lots 4,6 b 7 has severely limited the space for a walkway. It appears that portions of the buildings may encroach into the 20-foot easement. The emergency access lane we had installed along the common line of Lots 9 and 10 has been obliterated. A transformer has been placed so it limits the width of the lane. We are also requesting the relocation of the emergency access lane through the parking lot for Lot 9, as shown on the landscaping plans submitted to your office. A driveway ramp should be added as part of the City's L.I .D. improve- ments for Varns Rd. . No driveway ramp is shown on any location on the City's plans for the emergency access lane. If you have any questions, please contact our office. F.ar . s- cMonagle Associates, Inc. Stuart L. Cato, by JRH SLC:ds cc: Hagman-City of Tigard cc: Robert Fletcher CITY OF TIGARD, OREGON RESOLUTION No. 80- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC It, ROVENIENTS CONSTRUCT- ED WITHIN 72ND AVENUE BUSINESS CENTER (VARNS PARK) SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. WHEREAS, the City of Tigard Subdivision Ordinance requires subdividers to install streets, sidewalks, street lights, curbs, storm sewers, sanitary sewers, underground utilities and other public facilities for the development of sub- divisions; and WHEREAS, the City has required the payment of fees and the execution of a Compliance Agreement which stipulates that: "Upon receipt of certification by the Department of Public Works that all requirements have been met and a One Year Maintenance Bond, the City Council agrees to accept the public improvements, subject to the requirements for correction of deficiencies and main- tenance for a period of one year. . . ; and WHEREAS, said Certification has now been received, subject to correction of hereinbelow listed deficiencies; and WHEREAS, an acceptable Maintenance Bond has now been received and is. sub- ject to the aforesaid maintenance period, NOW, THEREFORE, BE IT RESOLVED that the City Council of .the City of Tigard, Oregon, hereby accepts the public improvements constructed within 72nd Avenue Business Center (Varns Park) Subdivision, said subdivision being recorded in Book 40 on Page 2 in Washington County, Oregon, Plat Records, subject to: . 1. Placement of the one-inch Class "C", A.C. Overlay. 2. Completion of sidewalks and Driveway aprons. 3. Correction .of any deficiencies, and maintenance, throughout the one year guarantee period. AND FURTHER, subject to the conditions of obligation of the aforesaid Mainten- ance Bond. PASSED: This /t/ day of , by th Council of the City of Tigard. iayor - City of Tigard ATTEST:, City Recorder - City o igard l� Resolution No. 80- GI Harris-McMonagle Associates, Inc. ENGINEERS-SURVEYORS 8905 S.W. COMMERCIAL STREET TIGARD, OREGON 97223 Telephone(503)639.3453 January 29, 1980 Mr. Frank Currie City of Tigard 12420 S. W. Main Tigard, Oregon 97223 Re: 72nd Business Center Dear Frank: This letter is to confirm various conversations concerning items on the City's punch list of July 3, 1979. 1 . Item 1 - wheel chair ramps will be installed at the Northwest and Southwest corner of the intersection of Fir Street and Fir Loop. Those at S. W. 72nd and Fir will be deleted and constructed as part of the S. W. 72nd Street L.I .D. . 2. Item 2 - the 4 foot wide AC pedestrian path will be built as shown on the construction plans dated 2/14/77. 3. Item 6 - the emergency access lane will be relocated through the park- ing lot in Lot 9. A copy of the site plans for Lot 9 are enclosed that show the revisions acceptable to the Fire District. 4. Item 6 - the AC pathways around the perimeter of the lots will not be built because: (a) S. W. Varnes has been improved and concrete walks installed. (b),The S. W. 77nd St. L.I .D. will provide concrete sidewalks on Lots 1 ,2.12and 13. (c) It is our understanding that the requirements for AC pathways along Lot 2 through 9 have been or will be deleted by the Planning Director. All other items in the letter of July 3, 1979 (Items 3,4,5,7,8,9) have been or will be completed. If you are in agreement with our proposal , would you please sign two copies of this letter and return one to our office and send one to Aldie Howard. Sincerely yours, Stuart L. Cato SLC:ds Harris-McMonagle Associates, Inc. enc. Plans cc: Aldie Howard cc: Bob Fletcher Frank Currie 400 30 r 4 ,gyp• �'�• ;r:''. - tc � +� ; -- • s �� -ra � • _+ -�i.. �. Apo -a .�; 'i loop � ' • }ice � -• � � Is S/iry ea�w.s6E�vcy h c".s ?�c�vsr. •. . 72 dd7vrlWcss j a Sf4/c PIC 20 ' L Harris-McMonagle Associates, Inc. ENGINEERS-SURVEYORS 8905 S.W. COMMERCIAL STREET TIGARD, OREGON 97223 Telephone(503)639-3453 January 29, 1980 Mr. Frank Currie City of Tigard 12420 S. W: Main Tigard, Oregon 97223 Re: 72nd Business Center Dear Frank: This- letter--i-s to -confirm -va-ri-ous-conversations concerni-ng items on the---- City's punch list of July 3, 1979. COhGrG,-k e- 1 . Item 1 -wheel chair ramps will be installed at the Northwest and Southwest corner of the intersection of Fir Street and Fir Loop. Those at S. W. 72nd and Fir will be constructed as part of the S. W. 72nd Street L.I .D. . A►.C, r-avKPs --4va1\ loc ,.,,A-a11ed w.% Ite-w A�nGrGoQ, 2. Item 2 - the 4 foot wide><pedestrian path will be built as shown on the construction plans dated 2/14/77. 3. Item 6 - the emergency access lane will be relocated through the park- ing lot in Lot 9. A copy of the site plans for Lot 9 are enclosed that show the revisions acceptable tQ the Fire D'strict• wr% %A co��,rrn���oh o� Ae. D�s�tv.��Cs O ffawvz\ %\na.\k b� Qrovtde� -10 c Ct . 4. Item`,- the AC pathways around the perimeter of the lots will not be built because: (a) S. W. Varnes has been improved and concrete walks installed. (b) The S. W. 77nd St. L.I .D. will Provide concrete sidewalks on Lots 1 ,2.12and 13. (c) It is our understanding that the requirements for AC pathways along Lot 2 through 9 have been or will be deleted by the Planning Director. All othos• items in the letter of July 3, 1979 (Items 3,4,5,7,8,9) have been or will be completed. If you are in agreement with our proposal , would you please sign two copies of this letter and return one to our office and send one to Aldie Howard. Sincerely yo rs, r���L'Ya Stuart L. Cato SLC:ds Harris-McMonagle Associates, Inc. enc. Plans cc: Aldie Howard cc: Bob Fletcher Frank Currie _ • ,OOoo 30 lj ,.. _� � • , f ��sew.� �,�IMrT iliirT 1471.� � �"Q' � t _ ONNO Owl. .- . 72 �•��:s cz X t Scale PI 20 ' -: T I GAR D CITY COU N C I L REGULAR MEETING MINUTES - APRIL 14, 1980 - 7:30 P.M. 1. ROLL CALL: PRESENT: Mayor Alan W. Mickelson; Councilmen John E. Cook, Tom Brian, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert Adams; Legal Counsel Joe Bailey; City Administrator, R. R. Barker; Director of Public Works, Frank Currie; City Recorder/Finance Director, Doris Hartig; Planning Director, Aldace Howard; Administraii.ve Secretary, Loreen Wilson. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. (a) Mr. Jack Orchard, representing developers for Ventura Court requested that Resolution No. 80-28 be removed from the consent agenda for discussion. 3. APPROVAL OF MINUTES: March 24 & April 7, 1980. (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $138,544.14 (a) Motion to approve by Councilman Brian, seconded by Councilwoman Stimler. Approved by unanimous vote of Council. 5. APPROVAL OF COMPLIANCE AGREEMENTS & BONDS. • Kazabee-Marshall Construction, Inc. , Sanitary Sewer agreement for McCoy Sanitary Sewer Extension. • Godwin Construction Co. , Street Dedication agreement for SW 93rd Court. (a) Motion to approve by Councilman Brian, seconded by Councilwoman Stimler. Approved by unanimous vote of Council. 6. RESOLUTION No. 80-29 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVEMENTS KNOWN AS THE 72ND AVENUE SANITARY SEWER EXTENSION (TIGARD FRIENDS CHURCH), GENERALLY LOCATED BETWEEN HAMPTON STREET AND GONZAGA STREET. (a) Motion to approve by Councilman Brian, seconded by Councilwoman Stimler. Approved by unanimous vote of Council. 7. RESOLUTION No. 80-30 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN WILDERNESS SUBDIVISION. (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. 8. RESOLUTION No. 80- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GAARDE PARK PLACE , SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Motion by Councilman Briar_, seconded by Councilwoman Stimler to remove from agenda at the request of staff. . Approved by unanimous vote of Council. 9. RATIFY & CONFIRM COUNCIL ACTION OF APRIL 7, 1980. (Items approved) . OLCC Approval - Summit Sandwich & Coffee Shop - 12180 SW Scholls Ferry Road R - Restaurant Application. RESOLUTION No. 80-28 A RESOLUTION OF THE TIGARD CITY COUNCIL INITIATING A REQUEST FOR ANNEXATION TO THE CITY OF TIGARD OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Short Title: Ventura Court). Approval of landscape architect for Senior Citizen's Center- Walker, Macy, Mitcheltree & Erickson - $17600. Insurance renewal approval - Deans & Homer - $37249. (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to remove Resolution No. 80-28 from the consent agenda for discussion and to approve remaining items. Approved by unanimous vote of Council. 10. RESOLUTION No. 80-28 A RESOLUTION OF THE TIGARD CITY COUNCIL INITIATING A REQUEST FOR ANNEXATION TO THE CITY OF TIGARD OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Short Title: Ventura Court; (a) Planning Director stated that the area was not an island at this time, however, the land surrounding the property is before the Boundary Review Commission and should be annexed shortly. The Planning Director also discussed the problems which will be presented at the time of annexation if the development, which is proposed, is constructed at Washington County standards as the City o-f Tigard's standards are much higher. (b) Mr. Jack Orchard, Attorney representing the Ventura Court Developers, 555 Benjamin Franklin Plaza, Portland,. requested Council not take action at this time as it would place a financial hardship on his client and noted the developer plans to proceed with his development in good faith according to Washington County specifications. Mr. Orchard also stated that the location was not an island at this time and therefore, would be wrong for the Council to initiate an annexation request at this time. (c) After lengthy discussion between Council, staff and audience, Councilman Brian moved to table Resolution No. 80-28 until staff could come. back with more information regarding issue. Motion was seconded by Councilman Cook. Motion to table was approved by unanimous vote of Council. 11. CONSIDERATION OF REMONSTRANCES - Varns Street Local Improvement District. Page 2 - Regular Council Minutes - April 14, 1980 ij CITY , F TIGARD P.O.Box 23397 12420 S.W. Main Tigard,Oregon 97223 July 3, 1979 Re: Tigard Friends Church Sewer Ext. Gentlemen: In the matter of the Fifty Eight Hundred mo® dollar, ($5800.00) Cash Bond Escrow Agreement, between Tigard Friends Church and the City of Tigard, Oregon, and First National Bank of Oregon: this is to serve as official notice to allow said First National. Bank of Oregon to release to Tigard Friends Church a portion of the deposit entrusted to said First National Bank of Oregon. The amount hereby authorized to be released is Four Thousand Six Hundred Forty dollars (54,640.00) . The amount to remain entrusted to First National Bank of Oregon, as a cash performance bond to assure the City that all remaining :. . requirements of said San. Sewer are completed, shall be One Thousand One Hundred Sixty dollars, (1,160.00) . This notice shall not be construed to nullify or alter the terms of the aforesaid Cash Bond Agreement in any way: it is merely an authorization to release a portion of the entrusted monies. City of Tigard, 0 egon by: Mayor. by City Recor er TIGAR D C I T Y C O U N C I L REGULAR MEETING MINUTES, June 25, 1979, 7:30 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E. Cook, Kenneth W. Scheckla (arriving at 7:30 PM); Councilwoman Nancie Stimler; Chief of Police, Robert Adams; Legal Counsel, Joe D. Bailey (arriving at 7:40 PM); City Administrator Raeldon R, Barker; City Recorder/Finance Director, Doris Hartig; Planning Director, Aldace Howard' (arriving at 7:33 PM); Administrative. Secretary, Loreen Wilson. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON -NON-AGENDA ITEMS. (a) No one appeared to speak. 3. APPROVAL OF MINUTES, June 11, 13, 1979 (a) Motion by Councilman Brian, seconded by Councilman Cook, to approve. Approved by unanimous vote of Council present. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $113,671.27 (a) Motion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council present. . 5. MONTHLY REPORTS: Receive and File Building Library Police Finance Planning (a) Motion by Councilman Brian, .seconded by Councilman Cook to approve. Approved by unanimous vote of Council present. 6. APPROVE AND AUTHORIZE SIGNING BY MAYOR AND CITY RECORDER - Robert W. Goddard, Lot 2, Genesis, Sidewalk Easement . (a) Motion by Councilman Brian, seconded by Councilman Cook, to approve and authorize Mayor and City Recorder to sign. Approved by unanimous vote of Council present. LEN THORIZE SIGNING BY MAYOR AND CITY RECORDER. 79-69 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVEMENTS KNOWN AS THE 72ND AVENUE SANITARY SEWER EXTENSION (TIGARD FRIENDS CHURCH), CONSTRUCTED WITHIN THE CITY, SUBJECT TO A ONE YEAR MAINTENANCE BOND. Councilman Brian, seconded by Councilman Cook to approve. by unanimous vote of Council present. 8. APPROVE OLCC APPLICATIONS: . Class A License - Illusions Entertainment Limited a newly formed corporation, applying for a license at 11590 SW Pacific Highway. • Circle K Store at 9930 SW Walnut Street, PS Application - new owner of store. (a) Chief of Police stated he was not ready to give recommendation on ' application by Illusions Entertainment Limited, however, he would recommend approval for Circle K Store. (b) Motion by Councilman Cook,. seconded by Councilman Brian to approve license for Circle K Store. Approved by unanimous vote of Council present. Councilman Scheckla arrived at 7;37 P.M. 9. APPROVE BURLINGTON NORTHERN SANITARY AND STORM SEWER EASEMENT. (a) City Administrator noted that two storm sewer easements were involved. The railroad is requesting $2.75.00 payment for .the first 10 years and $200.00 for the second 10 year period. City Administrator recommended approval of the easements with the stipulation that the developer of Southern Pacific Industrial Park pay the money to the City _to cover the first 10 years fee. (b) Motion by Councilwoman Stimler to approve easement with developer paying . $275.00 to the City for the first 10 years easement. Approved by unanimous vote of Council. 10. RESOLUTION No. 79-70 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT TO THE PLANNING COMMISSION. (a) City Administrator recommended Council reappoint Susan Herron and Roy Bonn to the Planning Commission, terms expiring 7/1/83. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to adopt Approved by unanimous vote of Council. 11. RESOLUTION No. 79-71 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT TO AN EXPIRED TERM OF OFFICE ON THE TIGARD LIBRARY BOARD. (a) City Administrator recommended Council reappoint James E. Sidey to the Library Board, term expiring 6/30/83. (b) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to appoint." .q' Approved by unanimous vote of Council. COUNCIL REGULAR MINUTES - June 25, 1979 - Page .2 CITY OF TIGARD, OREGON RESOLUTION No. 79-0 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC SANITARY SEWER IMPROVEMENTS KNOWN AS THE,72ND AVENUE SANITARY SEWER EXTENSION (TIGARD FRIENDS CHURCH), CONSTRUCTED WITHIN THE CITY, SUBJECT TO A ONE YEAR MAINTENANCE PERIOD. WHEREAS, the City executed a Sanitary Sewer Compliance Agreement dated September 25th, 1978, with TIGARD FRIENDS CHURCH -to install a sanitary sewer line and appurtenances thereto, to specified standards; and WHEREAS, the Compliance Agreement stipulated that: "Upon receipt of certification by the Department of Public Works that all requirements have been met and a One Year Maintenance Bond, the City Council agrees to accept the public improvements, subject to the require- ment for correction of deficiencies and maintenance for a period of one year. . s, and WHEREAS, the Public Works Department has now issued such certification; and WHEREAS, the developer has indicated a desire to retain a portion of the exist- ing performance bond, in full force and effect throughout the aforsaid maintenance period, in lieu of submitting a separate maintenance bond; said portion to be $1160. which is specified therein said Agreement to assure continued maintenance and freedom from defects; NOW, THEREFORE', BE IT RESOLVED that the City Council of the City of Tigard, Oregon, hereby accepts the public improvements known as the 72nd Avenue Sanitary Sewer Extension, SUBJECT TO, the normal one year guarantee period. AND FURTHER, the City Council herein authorizes release of that portion of the previously submitted performance bond which is not required to be retained; said releasable sum being $4,640. PASSED: This g" — day of , 1979, by the Council of the City of Tigard. Mayor ATTEST: Recorder RESOLUTION No. 79-0