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28 1992
FILE NO. 8
Bonita Road - 77.25 Stc. Opr, Permit
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CITYOF TIGARD
July 25, 1988 OREGON
Sabre Construction Co
Attn: Mr. Richard Pike
6712 N Cutter Circle
PO Box 4527
Portland, OR 97208
RE: Street Opening Permit No. 285-88 Aasurance
Dear Mr. Pike:
In the matter of the four thousand eight hundred forty dollar ( 4,840.00)
agreement with depositor and trustee (savings account No. 0.1,5257719) between
R.G. h Bette Lee Pike and The Oregon Bank and the City of Tigard , Oregon; this
Is to serve as a letter of authorizrtion to allow said Bank to release to
R.G. & Bette Lee Pike all of the depoolt entrusted to said Bank.
City of Tigard , ')regor
i
By: Ad
rector o Commuiity Development
ht/6a91nD'
13125 SW Hall Blvd-P O.Box 23397,Pgaid,Oregon 97223 (503)639-x171 ---- -------
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APPLICATION - STREET IMPP EMENT/EXCAVATION COPY TO:
FILE
ORDINmNCE NO 74-14 �1 ( •
C��11 (YYELLOELLO W)-•INSP. BLS
(INSTRUCTIONS ON SEPARATE SHEET) (PINK)-OTHER AGENCY
(BLUE)-APPLICANT
APPROVED XJ APPLICATION NO.: 321
NOT APPROdEtn U CITY OF TIGARD, OREGON FEE AMT.. S_19 ..60
PENDING FEE PIAT ❑ CITY IIALI, RECEIF` ._- lZ1�_
PENDING sE•�uRIrY ❑ PUBLIC WORKS DEPARTMENT BY' - DATE—.+ / '}' -
PENDING AGENCY UK" ❑ Application and Progress Record 20%
MAINTENANCE BOND +►
PENDING INFORMATION C3FOR STREET IMPROVEMENTIEXCAVATION A% REOUIRFU X ----
ANNUAL
PENDING VARIANCE ❑ EXPIRA ION DATE:
PERMIT NO 99 DATE ISSUED 4 / LQ i ._r��> BY -- —� —
i 1 j APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTAL!_ CONCRET _CURB, RIVEWAY__
APRON & SIDE4Ie1LK_ .,_ AS DESCRIbFD HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS.
A PPL i C A N T SABRE__CMjMM= CO. 6712 N. CUTTER CIRCLE _P.O. BOX 4527 PORTLAND,OR 285-177_7_
NAME sA M
CONTRACTOR ADDRESS -- CIl v 97208 PHONE
F
NAME ADOREIfF - CITV PHONE __
PLANS BY TIM COVERT-TWE, 312 N.W. 10TH AVENUE PORTLAND, OR 97209 228-0426
NAME ADDRESS RO
ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): $ 4,840.00
_ DOLLARS
)2) EXCAVATION DATA --- - -- - _ � OR DFPICE ut,E---: -- __ MSN
0.04 x s 4840.00 _ : 193 60
STREET DESCRIPTION PROGRESS & INSPECTION STATUS_
NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE Rt�.:�RKS/TYPE BY
TYPE LENGTH WIDTH DEPTH ITEM A QUANTITY
BONITA & 2ND SEE ATTACHED PLAN ^ STREET
-- _2PKNER - -
INSPIEC-
_ R TION
ESTIMATED STREET OPENING DATE. 'T / �� �O �T g
ESTIMATED STREET CLOSING DATE. _. / T
STREET � a
3) SECURITY NO SECURITY AMT.: S—4840.00 CLOSED
---- `
SURETY CO E` d bN . FINNINSPc. �- -
1�,�' '�r_ —_� 1 ` FINAL i �i �� / 7!
CERTIFIED CHECK CASH n •OND -
(4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL !iPECIAL PROVISIONS /CONDITIONS:
FEATURES; EXCAVATION LOCATION AND EXTENT. 1 ALL WORK TO CONFORM TO CITY
STANDARDS & SPECIFICATIONS.
WORK AREA I I I _2. NOTIFY CITY INSPECTOR (MR.
1 I 7225, '1235 S.W. BONITA 1 I MIKE MILLS 639-4171 PRIOR
XXXXXXXXX _ - - TO COMMENCING WORK.
r� 3) TRAFFIC CONTROL TO BE PROVIDED
_f [`111A _ROAD ---
---- -- - BY CONTRACTOR.
I I I I I
(5) NOTE THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION 10 APPLICANTS TO CONDUCT WORK WHERE
RIGHT-or-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO CnMPLY WITH ALL PERTINENT LAWS AND
CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND TO SAVE HARMLESS THE CITY AND
EMPLOYEES AGAINST ANY INJURY OR "L*M E WHIG MAY RESULT FROM APPLICANTS ACTIONS
ep"' (CANTS SIGNATURE DATE—
AGREEMENI WITH DEPOSITOR AND TRUSTEE ON SAVINGS OR DEPOSITS
This agreement is for the purpose of fulfilling the requirements of `_;rrts_r_r
Compliance Agreement dated ¢ - /4- — /qc`a�? between the City of Tigard and
` by i
and is entered Depositor A'� y
Y the De P �L r rt- Z,_-, and
Trustee.
The underaigned depositor and trustee do hereby assign the right to the City of Tigard
to determine at its discretion the payment of all funds or securities held by
as trustee in the amount of 0 yhr v `%.- in
L,
Savings Account No. _ Ci5 ;r13- 7-7 i% or Deposit No. in the
C',;c... in accoriance with and for the purpose of Bouding Sr,zz,,
improvements described in the above stated spier Compliance Agreement.
It is understood and agreed that the C`/ZEc<N N,r�w c,� F' .. e.��- will hold
such funds or securities in the amount of •v p� tic '_"- until an authorization or direction
for payment is received from the City of Tigard and that the City of Tigard has the
right to withdraw Principal Funds with City of Tigard signature only, in the event of
Non-Performance.
All fund deposits shall be renewable at maturity and at rates and terms in effect at the
time of renewal, and all interest shall. be paid to or accrued as directed by the
Depositor notwithstanding anything contained herein to the contrary.
That the account is to remain open until such time as all Public Improvements are
completed and accepted by the City of Tigard.
{
Signed and dated at /;bac- G-'fticE o , Oregon.
This i< " day of
Signature of City of Tigard Si natur of D or
13/ r 9- s L,A 'q-a// 4'/v el,
P o. ao x 2 3'39 7 x i �s 5.•til. ��-i�N w�a;� Ci�tcc
Address Address
ACCEPTANCE
The undersigned hereby accepts the funds or securities deposited in the amount of
$ this .y day of ;'�,��„ , 19,�'> , and hereby
Acknowledges receipt of the Passbook Savings Account No. ^i ,23 rlyy ; or the
Certificate for Deposit No. _ ; or certifies that' there is no Passbook
Issued for this account. It is further agreed that said account will be held for the
uses Anel purposes above stated until authorization for disposition is granted by the
City of Tigard. r~
PAUL WARR
VICE PRESIDENT AND BANKINGGOFFu FFR F MANAr_,ER Authorized Signature
v1 rrc P=rEL•,►-w Iws� �i ri z�Ms j3.l.�,v c
rM
1"Ja++4.+C- OF FIuS MrvHGr.2,(/�14,rr'• �5..��Lo �'k�
LAKE OSWEGO OFFICE We-V. 97C�
AK O I . . sox 130
9 OREGON TANK
IAKE 051NEC0.OREGON 0703 "A'". ( MOAN,
(503)635-1573 FAX(303)633.1576
I
t PLEASE TAKE THIS TO THE CASHIER FOR A RECEIPT
NAME: 1 k��-� _ DATE: �}
I4 • �
ACCT q DESCRIPTION AMOUNT -
10-22000 Refundable Performance Bond Deposit--.- $
10-43600 Public ';ewer Plan Check/Inspection Fee
10-43600 Public Storm Plan Check/Inspection Fee $
10-_43640 Street Dedication/Public Improvement Fee $
10--43`:00 ' rtrt eet Opening Permit z
10-43600 Street and Traffic Marking $_
21-44200 Street Light Fee
10-43700 Sign Permits
10-43800 Land Use Application
10-2200u _- Refundable portiono- f Appeal Fees
10-45100 Document Sales:
---- En_gr3_. - Planning
10-45200 Park Reservations
10--43000`_ Business Tax 4T __
TOTAL <C'.A ;FI $ C� ,
ke/3574P
Moore Bumm imm. Ire
C11'YOF YI6ARD N o. 31271
13125 S.W. HALL BLVD
P.O. BOXDate y
TIGARD, ORR 97 97223
Name
Address - --
Lot Block/Map SubdivisionlAddre—Ss
Permit M's Bldg. Plumb — fah Chec- k
Sewer Other —p (Other Rec. By
Acct, No. Description Amount
10.432 Bulldin Permit Fees___
10-431.600 Plumbing Permit Fees
10.431.601 Mechanical Permit Fees -
10.230.501 State Bldg. Tax
10-433 Plans Check Fee
30.443 Sp--ver Connection
30-444 SewerInspection
51.448 Street Syst. Dev. Charge _
52.449-610 Parks I Syst. Dev. Charge
52-449.620 Parks II Syst. Dev. Charge
31-450 Storm Drainage Syst. Dev Charge
10.430 BusinessTax —
10.434 Alarm Permit
10.227 Bail— —
10.455- FIne' s - Traf:6-J sd/Parking — I
10-230- CPTA Traffic/Misd/Vic. Asst.
10-456 Indigent Defense -`
30-122.401 Sewer Servlce/l1SA —
30.122-402 Sewer Servlce/City 30.
30-123 _ Sewer SevicelCity Maint.
3 .125 "" Unmatched
X1-124 Storm L.33nage
40 475 — Bancroftt Prin. Pymt -- ---- ---
44 471 Bancroft Inf. Pymt. -- - --
TOTAL
ACCOUNTING COPY
r
i
4-14
CITY 01 TIGARD "
NOTICE OF DECISION
MLP 87•-02
RICHARD G. ANU BETTE LEE PIKE
APPLICATION: Request by Richard G. and Bette Lee Pike for approval to divide
a 45,489 square root parcel of land into two parcels containing 15,009 sq. ft.
and 30,480 sq. ft. on property zoned I-L (Light Industrial) . Location: 72.35
SW Bonita Road (WCTM 2S1 12AB Tax Lots 1000, 1002, and 11.00) .
DECISION: Notice is hereby given that the Plannin'3 Director for the City of
Tigard has APPROVED the above described applications subject to certain
conditions The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1 . Background
The subject properties involved in this request are actually one
legally recognized parcel. Two illegal partitions have occurred
in the past, the first created tax lot 1100 in 1980 and the
second resulted in tax lot 1002 in 1984. Both of these lots were
recorded at the Washington County Cartography Division without
over having gone through a formal minor land partition process
with the City. Since this property was annexed to Tigard in
1969, the present lot configurations constitute zoning violations
Rod illegal lots ,
In 1.984 the property owners were made aware of the City' s
regulations for miner land partitions and responded by a letter
dated May 11, 1904 that they had inadvertently bypassed these
requirements in dividing their property. At the same time, they
sent in an application form to legalize their actions. The
application submitted was found to be incomplete and was never
processed . No follow up actions occurred from either the
applicant or the City .
The applicant notified the Planning staff by a letter dated
Decembor 4, 1986 that he was ready to proceed with his minor land
partition request. Correspondence has subsequently occurred
between staff and applicant leading to the request at hand.
2. Vicinity Information
I-L zoning occurs on all surrounding properties to the parcel
being partitioned. Development, in the area i.s consistent with
this zone with several manufacturing, distribution and/or light
industrial businesses occurring nearby . Heavier industrial uses
are located to the north of this area along SW 72nd and the
City' s only 1-H (Heavy Industrial) zoning district in within 150
feet of the parcel ' s northern property line.
NOTICE OF DECISION -- MLP 87-02 - RICHARD 6 BEIIE PIKE - PAGE 1
3 . Site Information and Proposal Description
There are presently two structures on the property. On the
southwest corner (corresponding to tax lot 1100) is a 11.88 square
foot building used as an interior design business. A larger
building is located on the southwest portion of the parcel and
extends north and then west for nearly the length of the northern
property boundary. This building appears to have been
constructed for office use in combination with a storage area
which takes up most of the building' s floor area,
The applicant is proposing to legally partition the property in a
similar configuration to the illegally created tax lots that were
recorded in 1980 and 1984. In this instance, however, only one
new tax lot is being created instead of two. Also, the proposed
property line, if approved, would run from north to south at thre
same position as the eastern property lines of tax lots 1002 and
1100. As proposed, the new property line would pass completely
through the warehouse section of the property's larger building
thereby dividing ownership of the building and causing it to sit
on two legaJly created locs.
4. Agency and NPO Comments
The Enginporing Division has reviewed the proposal and makes the
following comments:
(1 ) Aprlicants driveway location(s) shall be subject to revi�-a
acid approval by the Engineering Section upon submittal of
detailed plans.
(2) The street storm drainage system along SW Bonita Road de.es
not appear to be well developed. We will look at it more
closely upon applicant' s submittal of detailed plans,
(3) It appears that the partition consists of three lots riot
just two.
The Building Division has reviewed the proposal and makes the
following comments:
The "newly" created property line between the two lots
passes through an existing building which parallels the
north property line. This creates an illegal building
(i .e. buildings cannot be located across property lines) .
The fact that there will be two separate ownirs complicates
the matter more. An alternative lot line layout should be
employed.
NOTICE OF DECISION — MI_P 07-02 -- RICHARD 6 BETTE PIKE -- PAGE 2
i
The Tigard Water District has reviewed the proposal and makes the
following comments:
The issue, as presented, is vary confusing. From the
county maps it appears that the land has already been
subdivided into 3 individual tax lots. 'Therefore, it
appears that the request should be to combine tax lots 1002
and 1100 and not, as described above, to subdivide.
However, the Water District has no objections. It would
appear that: tax lot 1002 has become landlocked and such
combining of tax lots 1002 and 1100 would be logical.
No other comments were received regarding this proposal.
B. ANALYSIS AND CONCLUSION
Previous actions of the property owners (applicants) have created a
situation which they now wish to correct. Because prior land divisions
were illegal and improper, the existing tax lots include a land locked
parcel and a property line that intersects a building. At this point,
the best corrective means to resolve the situation would be to
partition the property to separate the interior design business (tax
lot 1100) and keep the remaining property intact. Instead, the
applicants wish to essentially combine tax lots 1002 and 1100 and that
means retaining a property line that passes completely through the
warehouse portion of the legal property' s larger building. To
partition i.n such a manner the applicants carry the burden of
satisfying all building separation requirements and standards of the
Uniform Building Code (UBC) .
To clarify the liability and responsibility for the divided structure
applicants will need to formulate a legal agreement which delineates
common wall. ownership Also, depending nn the use snd types of
materials ' ae stored in the warehouse, protective fire wall measures
(minimum, 1 hour) will need to be enacted. UBC standards will
determine what these measures will be. Final approval of this
partition depends on satisfying such ,requirements.
The applicants are also requesting abatement of half—street
improvements on the portion of SW Bonita Road which abuts tax lot 1100
for 75 feet. Since the Local Improvement District- has already financed
street improvements no relief is needed) here. However, consistent with
development actions in the area (arid with City Council' s decisions),
sidewalks and curb cuts will need to he constructed as part of the
approval process.
C. DECISION
The Planning Director approves MI 07--02 Fubject to the following
conditions:
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
RECORDING THE PARTITION WITH WASHINGTON COUNTY.
The applicant. shall provide for roof rain drainage and parking
lot runr,ff to tho public stormwat-er system.
NOTICE OF DECISION -- MLP 87--02 -- RICHARD 6 BETIL FAKE -- PAGE 3
1
3. Street improvements including concrete sidewalk driveway
apron(s), curb(s) (and CR road base and AC pavement as may be
necessary] and utilities, including storm sewer, shall be '
installed along the SW Boni La Road and SW 72nd Avenue frontage.
Said improvements shall be designed and constructed to major
collector street standards and shall conrorm to the alignment of
existing improvements arid, where non-exist, to an alignment
approved by the City Engineering Section.
4. Storm sewer system details shall be provided as part of the
Public Improvement plan. Calculations and topographic service
area map shall be provides as a supplement to the Public
Improvement plans, if requested by the City Engineering Section,
to demonstrate evidence of development serviceability. The
location and capacity of existing, proposed (or future) lines
shall be addressed.
5. Five (5) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost Estimate, stamped by
a Registered Professional Civil Engineer, detailing all. proposed
public improvements shall be submitted to the engineering Sectio-
for approval .
6. Construction of proposed public improvements shall not commence
until after the Engineering Section has issL'ed approved public
improvement plans. The section will require posting of a l00%
Perfor•nance Bond and the payment of a permit F-ee. Also, the
execution of a street opcoiny permit shall occur• prior to, or
concurrently with, the issuance of approved publi - imprnvement
plans . SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION
REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. ��-
7. A legal, common wall agreement to be signed by both property
owners shall be submitted to the City for review and approval
prior to recording the partition.
8 . Building plans for a fire wall along the proporty line within the
building to be. intersected shall be submitted to the Building
Division for review and approval of all applicable Uniform
Building Code Standards and •regulations.
9. This approval is valid tf exercised within one year of the firal
decision date noted below.
��• PROCEDURE
1. Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX The applicant & owners
XX — Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX _ Affected governmental agencies
NOTICE OF DECISION - MLP 87--02 RTCHARD & BETIE PIKE - PAGE 4
2. Final Decision:
THE DECI^ION SHALL BE FINAL 4-24-87 UNl_FSS AN
APPEAL IS FILED. �—
3. Appea 1 :
Any party to the dec'sion may appeal this decision in accordance
with Section 18 . 32.290(A) and Section 18. 32. 370 of the Community
Development Code which pr•ovidis that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 3:30 P,M. 4-24-87
4 . 4uestions: If you have any questions, please cell the City of
Tigard Planning Department, Tigara City Hall,
13125 SW Hell Blvd. , PO Box 23397, Tigard,
Oregon 9722.3, 639-41.71 .
PREPARED BY: Tom Di,<nr Assistant Planner D0.1
�-.,��?�=�.�,-.--�
Wil m A. Monahan, Director of Community Development )APPROVED
(TD:bs312.1P)
� tf� i liw rf 'f■ � I�
r
• I 1 I �
NOTICE:. Of DECISION - MI.P 87--02 RICHARD & BETTE; PIKE - PAGE 5
r^rl���z� ca�.le+ti
4 �
COMMON WALL AGREEMENT 4 1 1 1 1 AS
This Agreement is made and executed this 17th day of February,
1988, by and between BYTE INVESTMENTS, ( hereinafter "Byte" ) , and
RICHARD G. PIKE and BETTE LEE PIKE, (hereinafter "Pike" ) .
W I T N E S S E T H :
WHEREAS, Byte is the Owner of that parcel -)f land generally
known as 7225 S .W. Bonita Road, Tigard, Oregon, and more particularly
described in the appended legal description mat-ked Exhibit "A" ; and
WHEREAS, Pike is the Owner of that parcel of land generally
known as 7235 S.W. Bonita Road, Tigard, Oregon, and more particularly
described in the appended legal description marked Exhibit "B" ; and
WHEREAS, the parties hereto desire to settle all questions
relating to the ownership and usP of the 32. 5' lonq common wall
to be constructed by Pike in the existing building at the rear of
the property -i order to comply with City of Tigard requirements
for a Minor Land Partition. (See attached survey by Andy Paris
and Associates dated 1-25-82, updated 1-20-84 and marked as
Exhibit "C" ) .
NOW, THEREFORE, in consideration cf the mutual provisions
and conditions contained herein, the parties agree as follows :
I. Common wall declaration: The wall described in the
third recital above shall be , onsidered the common wall, and
referred to as such herein .
2 . Alterations: Neither party may conscrlict, alter ,
remove, add to, create or take any other action affictinq the
common wall. without first obtaining the approval_ of the other
adja(..-ent common wall owner. Any action taken must comply with
to construct the new wall and he subject to the requirements of
the City of Tigard and/or other appropriate governmental
authorities. Pike shall be responsible and pay for any and all
costs associated with constructing the common wall , which
construction shall he completed not later than May 1 , 1.988.
3 . Repair or. Restoration: Tach party shall bear the
cost of maintenance or repair to the common wall which may he
required on each party's respective side if the wall. In the
event either party damages the common wall , to the extent that
structural repairs are required, then all. the costs of such
repairs shall be borne by the party responsible. The pr. ecedinq
sentence is without prejudice, however, to the right of any party
to make claim against the other party under any rule of law
rega -dinq liahili_ty for neglect or wilful acts or omissions .
Paqe 1 - COMMON WALL AGREFMENT
4. Access: Each party shall have th right, after
j reasonable notice , of reasonable access to both parcels of real
property described in the recitals above, if needed, for maintenance
of utilities and maintenance of the common wall .
5. Arbitration! Any dispute concerning this Agreement
shall be resolved by arbitration. Any such arbitration shall be
before a singlo arbitrator appointed, upon the petition of either
party , by the presiding judqe of. the Washington County Circuit
Court. Ea;;h party shall submit in writing its position to the
arbitrator and the arbitrator shall have the authority to decide
which party shall prevail . The decision of the arbitrator shall
be final and binding upon the parties , and the losing party shall
pay all costs of the arbitration, includinq reasonable attorney' s
fees of the prevailing party. Except as otherwise provided herein
the arbitration shall. be in accordance with the rules of the
American Arbitration Association.
6. Duration and Effect of Agreement: The covenants
herein contained shall run withboth parcels of the land above
described, unless the agreement is terminated , but the agreement
shall not operate to convey to either party the fee to any part
of the land owned or to be icquired by the other property, the
creation of common wall rights being the sole purpose hereof .
IN WITNESS WHEREOF' , the parties hereto have set their hands
and seals this 17th day of February, 1988.
BYT INVESTMENTS
Patrick Terrell Ri hard G. Pike
General Partner
Bette Lee Pike
STATE OF OREGON )
ss.
County of
On this _j7 (lay of February , 1988, before me personally appeared
the above-named Patrick Terrell who acknowledged the foregoing
Arareement to his voluntary act and deed .
Notary Puhlic for Oregon
My Commission Expires:'f'(>
Page 2 - COMMON WALL -.0,REEMENT
STATE OF OREGON )
ss.
County of Jl ki „ >
On this Olt day of F-ebrtteT-Y-, 1988, before me personally appeared
the above-named Richard G. Pike and Bette Lee Pike who acknowledged
the for.egoinq Aqreement to be their voluntary act and deed .
N tary Public or Oregon
Commission Expires: 21 2JO
Paqe 3 - COMMON WALL I%GREEMENT
f M .
LEGAL DESCRIPTION
Byte Investments - 7225 S.W.Bonita Rd.
Portland, Oregon 97223
Beginning at a point on the Easterly Right of Way of the Southern
Pacific Railway Company, which point bears South 32 Degrees 19
Minutes East. 661 . 24 feet from the quarter section corner between
Sections 1 and 12, Township 2 South, Range 1 West of the
Willamette Meridian and running thence East 1006. 2 feet to the
West line of County Road No. 126 (Southwest 72nd Ave) as it now
exists; thence South 0 Degrees 40 Minutes West along said West
line 742. 2 feet to the intersection of the extension of said
County Road No. 126 with the Easterly extension of County Road
No. 736 which intersection is the True Place of Beginning of the
tract to be described; thence South 89 Degrees 21 Minutes West
along the North line of County Road Nc. 736 a distance of 155' ;
thence North 0 Degrees 40 Minutes Fast a distance of 200' ; thence
North 89 Degrees 21 Minutes East a distance of 155 ' to the West
line of County Road No. 126; thence South 0 Degrees 40 Minutes a
distance of 200 ' to the True Place of Beginning.
Containing 30 ,480 square feet - more or less.
Survey by Andy Paris and As3ociates
Registered Orego;i Land Surveyors
16877 S. .W.Canyun Road,
Lake. Osweqo, OR 97034
Date of Survey 1/25/82
Exoi1iscr »g.
LEGAL DESCRIPTION
Bette Lee Interiors Bull -I.Lng-7235 S.W. Bonita Road
Portland, Oregon 97223
Beginning at a point on the Easterly Right of Way line of the
Southern Pacific Railway Company, which point bears South 32
Degrees 19 Minutes East 661 . 24 feet from the quarter section corner
between Sections 1 and 12 , Township South, Range 1 West of the
Willamette Meridian and running thence East 1006. 2 feet to the West
line of County Road No. 126, (Southwest 72nd Avenue) as it now
exists; thence South 0 Degrees 40 Minutes West along said West line
742. 2 feet to the intersection of the Southerly extension of said
County Road No. 126 with the Easterly extension of County Road No.
736; thence South 89 Degrees 21 Minutes West along the North line
of County Road No. 736 a distance of 155' to the True Place of
Beginning: thence South 89 Degrees 21 Minutes West along the North
line of County Road No- 736 a distance of 75' to the East line of
the certain tract conveyed to Country Cousins, Inc. , by deed
recorded July 20, 1956, in Book 384 Page 193 Washington County
Deed Records; thence North along the the East line of said Country
Cousins tract a distance of 200 ' ; thence North 89 Degrees 21
Minutes East a distance of 75 ' ; thence South 0 Degrees 40 Minutes
West a distance of 200 ' to the True Place of Beginning.
Containing 15,000 square feet more or less.
Survey by Andy Paris and Associates
Registered Oregon Land Surveyors
16877 S.W.Canyon Drive ,
Lake Osweqo, OR 97034
Date of Survey 1 /25/82
6
--7--7- 7-7-
Cary
At-) SraA
AGREEMENT FOR PERPETUAL EASEMENT 4/ t',F, J
For Permanent Storm Drainage Easement on Adjoining Parcels
Commercial Use
THIS PERPETUAL EASEMENT, made and entered into this 17th day
of rebruary , 1988, between BYTE INVEST?1EN'FS, and Oregon partner-
ship, (hereinafter "Byte" ) and RICHARD G. PIKE AND BETTE LEE
PIKE, ( hereinafter. "Pike" ) .
W I T N E S S E T H
WHEREAS, Byte is the owner in fee simple of the following
described real property in the City of Tiqard, County of Washington,
State of Oregon, to wit:
"Beginning at a point on the Easterly right of way
line of the Southern Pacific Railway Company, which
,)oint bears South 32 degrees 19 minutes East 661 . 24
feet from the quarter section corner between Sections
1 and 12, Township 2 South, Range 1 West of the
Willamette Meridian and runni.nq ►hence East 1006. 2
feet to the West line of County Road No. 126,
(Southwest 72nd Avenue) as it now exists ; thence
South 0 degrees 40 minutes West along said West
line 742. 2 feet to the intersection of the southerly
extension of said County Road No. 126 with the
Easterly extension of County Road No. 736 which
intersection is the True Place of Beginninq of the
Tract to he described; thence South 89 deqrees 21
minutes West along the North line of County Road
No. 736 a distance of. 155 ' ; thence North 0 degrees
40 minutes East a distance of 2001 ; thence North 89
degrees 21 minutes East. a distance of 155 ' to the
West line of County Road No. 126; thence South 0
degrees 40 minutes a distance of 200' to the True
Place of Beginninq ."
WHEREAS, Pike is th owner in fee simple of the f_ollowinq
described real property in the City of Tiqard, County of Washington ,
State of Oreqon, to wit:
"Reginninq at a point on the Easterly right of way
line of the Southern Pacific Railway, which point
hears South 32 degrees 19 minutes East 661. 24 feet
from the quarter section corner between sections 1
and 12, Township 2 South, Ranqe 1. West of the
Willamette Meridian and runninq thence East 1006. 2
feet to the West line of. County Road No. 126,
(Southwest 72nd Avenue) as it now exists ; thence
P,-irjo l - AGREEMENT FOR PE,RI)FTUAL EASEMENT
r
South 0 degrees 40 minutes West along said West
line of 742. 2 feet to the intersection of. the
Southerly extension of said County Road 126 with
the Easterly extension of County Road 736, thence
South 89 degrees 21 minutes West along the North
line of the County Road No. 736 a distance of 1.55 '
to the true place of beginning of the tract to be
described; thence South 89 degrees 21 minutes west
along the North line of County Road No. 736 a
distance of 75 ' to the East line of the certain
tract conveyed to Country Cousins, Inc. , by deed
recorded July 20, 1956, in Rook 3PI, Page 193
Washington County Deed Records; thence North along_
the East line of said Country Cousins tract 106 ' ;
thence North 89 degrees 21 minutes East a distance
of 75' ; thence South 6 degrees 40 minutes West a
distance of 106' to the True Point of Beginning ."
WHEREAS, the t.�o parcels of real property described above
adjoin each other; aid
WHEREAS, Byte and Pike desire to chant to each other an
easement and right to use the private drainage system now or to
he constructed along and upon a portion of both the parcels in
conjunction with any lawful use.
NOW , THEREFORE, in consideration of each party' s granting to
the other an easement hereinafter described , and other valuable
consideration each to the other in hand paid , the receipt whereof
is hereby acknowledged, the parties hereto mutually agree as fol-
lows:
1. Byte conveys to Pike a perpetual easement for storm
drainage purposes for use in conjunction with any lawful uee along
and upon that portion of first pasty' s property described as
follows: to wit;
"Beginning at a point 34 ' North of the South West
property corner to connect with the existing catch
basin located approximately 28 ' East of the entry
point and thence via existing storm drainage system
to the City of Tigard storm sewer located in S .W.
72nd Avenue ."
(As shown on the attached drawing labelled
Exhibit "A" )
2. pike conveys to the Byte a perpetual easen,.:nt for
storm drainage purposes for use in conjunction with any lawful
use along and upon that portion of second party' s property,
described as follows, to wit:
Page 2 - AGREFMFNT FOR PERPETUAL EASEMENT
i
"Beginning at a point 34' North of the South East
property corner to connect with the now, or to be
constructed catch basin located 33 ' West of the East
property line and 8 ' North of the South property
1 ine."
(As shown on the attached drawinq_ labelled
Exhibit_ "A" )
3. It is mutually agreed that each party may use in
common with the other party , the whole of said drainage system,
including that portion thereof situated on the property of the
other party for uses incidental to any lawful use of the property .
4. Pike shall maintain the drain line, appurtenances
and easements described herein and Pike shall pay the costs of
any and all such maintenance.
5. This agreement shall bind and inure to the benefit
of , as the circumstances may require , not only the immediate
parties hereto, but also to their respective heirs, executors ,
administators and successors in interest as well .
6. In construing the foregcinq agreement, the plural
shall mean and include the singular whenever the context so
requires.
IN WITNESS WHEREOF , the parties h(!reto have set their hands
and seals this 17th day of February , 1188.
BY INVESTMENTS
P
Patrick Terrell Richard G. Pi
General Partner.
Bette Lee Pike
Page 3 - AGREEMENT FOR PERPETUAL EASEMENT
s
STATE OF OREGON )
SS.
County of /►'lacrre.n _ >
On this 1714--day of February , 1988, before me personally appeared
the above-named Patrick Terrell who acknowledged the foregoing
Agreemn ,nt to his voluntary act and deed.
i
Notary Public for Oreqon
My Commission Expires: fo
STATE OF OREGON )
SS.
County of )
'Yf4 )
On this e—day of F-e��, 1988, before me personally appeared
the above-named Richard G. Pike and Bette Lee Pike whc acknowledged
the foreq oinq Aqreement to be their_ voluntary act and deed.
N tary Public for. Oreqon
Ky Commission Exnires:1__2_f-y()
Parie 4 - AGREEMENT FOR PERPETUAL EASEMENT
CD0'GO S
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Companyl
0April 7, 1988 R
QrT , of
Mr. John Flagman
Engineering Department RQ
City of. Tigard
12755 S. W. Ash
P.O. Box 23397
Tigard OR 97223
Re: Minor band Partition
7225/7235 S.W. Bonita Road
Tigard, Oregon
Doar Mr. Hagman:
You will perhaps recall our past discussions regarding this partition
as well as our on-site meeting with our engineer in July of last year.
Since that time, I have been trying to reach an agreement with Byte
Investments, the owner of 7225 S. W. Bonita.
I supplied the attorney for Byte with draft copies of the perpetual
storm drainage easement and common wall agreement, which he modified
slightly. The perpetual storm drainage easement follows the sample
f,)rm, which you provided me while the common wall agreement is a
standard type document provided by our attorney and modified by
Bytes lawyer. I believe that both these documents fulfill the City's
requirements. I have enclosed signed and notarized copies of each
for your records.
As you know, we have applied for a building permit to add to the
24' x 48' office building on the front portion of 7235 S. W. Bonita.
I am aware that the construction of si.dewal1s, curbs, curb break, and
the installation of the catch basin and tie-.in to _he existing drains
on 7225 are part of the Minor Land Partition process. However, since
we will be working on the property would like to suggest that this
work be part of the permit process with no Certificate of Occupancy
until it - and the building construction - are both completed properly.
This will. greatly facillitate the actual construction process and would
be schcrl !!Icd for completion at the start of the job. You will find
enclosed, five stamped and signed copies of the Revised Site Plan by
T;m Covert, P.E.
6712 N Cutter Circle - PO Box 4527 • Fbrtland.Orem 97208 • Telephone 5(,>,3 285-1777
April 7, 1988
Mr. John Hagman
City of Tigard
Listed hereunder, you will find a breakdown of our most recent estimate
of Right-of-Way Irimrovement Costs:
Demolition and disposal of existing
concrete curb at 7235 SW Benita Rd. $ 140.00
Excavation, haul-out and grading for new
concrete curb, sidewalls and curb break. $ 863.00
New concrete curb - 62 lineal feet $ 682.00
New concrete approach •- Is0 square feet. $ 585.00
• New City sidewalk - 1,135 s(Tjar(-- feet $2,270.00
'R)TA, $4,840.00
Please call me as soon as convenient, if further information .is
required.
Cordially yours,
SABRE CONSTR .TION COMPANy
R.G. Pf�c�, President
RGP/cs
i
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TRANSVERSE EXPANSION JOINTS 3> 3 r
a a a
I TO BE PROVIDED AT EACH POINT OF o a m
TANGENCY OF THE CURB H AT OTHtR [�
LOCATIONS AS REQUIRED TO LIMIT Th'c
SPACING TO A MAXIMUM OF 20 FT cr U
2 MATERIAL TO BE PRE- MOLDED NON - caa rn Q
EXTRUDED MATERIAL WITH A MINIMUM � [�
THICKNESS OF 1/2" . < Q
Q
0 0
TRANSVERSE CONTRACTION JOINT a C)
I SPACING TO BE NOT MORE THAN 10 FT
2 DEPTH OF THE JOINT SHALL BE AT �> �—
L "AST ONE FOURTH OF THE CROSS -
SECTIONAL AREA =
Oi
CONCRETE BREAKING STRENGTH q
N �
I TO BE 3000 P S I. AFTER 28 DAYS . N N
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