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11775 SW 91st Avenue 7 • TEMPORARY CONSTRUCTION EASEMENT Marie Johnston, hereinafter called the Grantor, grants and convey unto the City of Tigard a temporary easement for constructing public improvements associated with the SW 91st Avenue Improvement project, together with the right to remove, only as necessary, vegetation, trees, pavement, and other obstructions within and adjacent to the public right -of -way in the area designated in Exhibit "A ", attached and incorporated by this reference, situated in the City of Tigard, Washington County, State of Oregon. THIS TEMPORARY EASEMENT allows the contractor access to the property for the sole purpose of constructing the improvements. The contractor shall not be permitted to store materials or equipment with this easement. THIS TEMPORARY EASEMENT shall terminate upon completion of the construction or on June 30, 1999, whichever occurs earlier. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. . Dated this c) 4 /ay of ` , 1998. ` 7 C ' �, • M �e Johnston r . / /M7s� ��/, Maili gAddress Property Address (ifdfferentfrommailing Address) a - 0. • I N I 0 14 - O an 151 Z Tom— .%':'' „ I I I i I I I I ■ I I 1 A ril U Lii H I I 100(LSF TOTAL C.)/ 020' _____ _ .. _ ___ i 111 Ni CO LIN /'IS? .0 `° Al j i - i an 0 co N .-i co SCRLC 1' = 1 0' 0 ENGINEERING DEPARTMENT 1 S135DC -02500 A".. i ”, M 9 urn JUNE B, 1998 EXHIBIT "A" OREGON VOICE: SOJ 639 -1171 OTY JOHNSTON OF ram r" f 84 7197 "` 4 11775 91ST AVENUE ammo �AC+1 °" nou N: \E EXNBIi —� • APR. 2.1996 9:25AM DAVID EVANS PDX UP N0.203 P.112 5 4 DAVID EVANS AND ASSOCIATES, April 1,.1998 2828 5W Corbett Avenue PoMaM, ON90n 97201 Vannie T. Nguyen, P.E. City of Tigard Ta{: 509.223.6663 13125 SW Hall Boulevard Tigard, Oregon 97223 Banc: 5oj,az9.2761 s VIA FAX: 684-7297 t SUBJECT: REVISED PROPOSAL TO APPRAISE AND ACQUIRE THE FOUR PARCELS AT SW 91st Ave. Dear Vannle: Here is our proposal to appraise and acquire the one parcel and three small curb returns. BACKGROUND On Parcel 1S 135 2500, the taking appears to be minor in relation to the larger parcel. The improvements will not be impacted. We will appraise the land and the portion taken, and assume that the fence and hedge are not affected, and therefor not appraised. This will allow a streamlined taking appraisal. On Parcels 1 S 135 1500, 1900, and 2000, the impacts are small and hopefully we can establish a minimum compensation without the need for a appraisal. If reports are needed we will provide limited reports in a ODOT summary format. This will allow a streamlined partial taking appraisal, SCOPE David Evans and Associates, Inc. (DEA) will provide the following services. • Offer to meet with each owner prior to appraisal inspection. Document all contacts with owners. • Appraise just compensation of each parcel using the formats described above. ' • Prepare conveyance documents and related documents using our formats or adapting City formats including 13 permits of entry for driveways. We will use legal descriptions to be provided by City. • Present offers. • Negotiate purchases. • Recommend payments to be made by City. • If negotiations fail to reach agreement, recommend condemnation to City. All appraisals be provided by Oregon Certified General appraisers and will utilize ODOT fonnats and conform to ODOT standards. All negotiations will be conducted by Oregon State real estate licensees. Appraisals to be provide within 20 business days of written authorization to ,proceed. The appraisal and acquisition process will conform to federal and state law regarding acquisition of land by public agencies for public projects. CITY TO PROVIDE • Legal descriptions of parcels to acquire • Survey staking of parcels ~ 1L bs ° !il'l'Inl~ of APR. 2.1998 9:25AM DAVID EVANS PDX UP N0.203 P.2i2 Vannie Nguyen, P.E. March 28, 1998 Page 2 If required by City, timely approval of offers to present. e Closing and payment with DEA recommendations: TIMELINE DEA will commence work within one week of your authorization and complete appraisals of Pareet 2$00 within 4 weeks, assuming legal descriptions are available. We will commence negotiation on all parcels within 5 weeks and seek possession within 7 weeks of authorization to proceed with acquisition. FEES Appraisal Appraisal fees are lump sum including all expenses. Parcel IS 135 2500 $1,100 Parcels 1S1.35 P500, 1900, &2000 1,200 Total 2,300 Acquisition Acquisition fees including 13 driveway permits of entry are invoiced at the following hourly rates plus expenses with a not-to-exceed budget. Real estate specialist $69.00/hour Project manager $90.00/hour Administrative support $40,00/hour Mileage $30/mile Expenses (maps, miscellaneous) at cost Not-to-exceed $3,500 Total, not-to-exceed $5,800 We are ready to go to work on this project, and look forward to starting work within following your authorization. Please call with any questions. Thank you. Sincerely, DAVID EVANS AND ASSOCIATES, INC. Approved: NnAA, Vannie N u n, P.E. D&te 1 , Engineering (Manager Carl Lion Approved : Q r gg g Ag tin P. Duenas, P.E. 'Date Real Estate Services C i Engineer CEL:dmt s:lrightwaylmrkting.othltigardlp2