The URL can be used to link to this page

CRESMER HILLS SUBDIVISION CIRCA 1968 400 CRESMER HILLS Subdivision Circa 1968 Sept+ymber 24, 1970 Air.. Jim Aitken Tigetrd I,uml:,er Cosipatny 12585 S. W. Pacifica nighway Ti,Tard, Oregon 97223 DeAx Jim. --J*enclosed is a copy Of the Gu !��ieAgreement for. the Creamer Subdi,rision. Y011w1s note that items 7 and 8 require submission of a maintenance mond for a period caf one year , Certification is hexaby givon Chert you have nit all re- quirements of the City,s IjaWivision Ordinance. Upon re^eipt of a mainaattance bock and completion of the re- pairs to '_.he dauta4dd street jtght, the City will accept the subdivision. Reith C. rjompw�)n ��✓ Director of Public works WT/jp Encl. December 10, 1969 tr. Jim I-Atken 12720 S. W. Pacific Highway Tigard, Caegon 97223 ate: Creamer subdi-4sion Dear Mr. Aitken un November 12th, 1969 , a :ui,d.ivisY"___Ag entwas for- warded to you. t'.s of this date, I have not peeived the required contract bonds and depolsi 7t is, therefore, necessar '}tb�info you and the con- tractors working on the h s within the au,'Aivision that occupancy certificat ' Will twt be issued until the requirements requested in m�k*6vtous letter have been t,,.,ade. ,\ Your coo oration clears up tkis matter would Le P greatly appreciat Land if u have any further questions, please feel freeo call a a. . _. Sincerely, Keith C. Thompson uirector of Public Works !CT/Lna cc: DWD Contractors Bob Hill Novemt,er 12, 1969 Mr. 7iu, Aiken Tigard Lumber Company 12585 S. W. Pacific Highway T ig ard, Oregon 9717223 1)#3rir. jimr Lnclosed is the sul,division Compliance 7�qr ent for the Cresmer SuLdivision. It will. he n�e�. r you to com- plete this agrenrnent �,e,fure any r,�c its will lie alluwed in said sul4ivis:ion . Upon sulrminsion of thi=s cont ho hp City o Tigard, it should 'rye accompanied with orpor surety bond in the aruount of $lO,000. to cov the co of the remaining im- pr.ovemprit!a within your suit.) F i yr_ ri maintenance bond in then amount of :10,000. for a :P rf one year after final. acceptance lly the L y-an a sit in the amount, of $216. to cover the toutstrc**, tic "S .tig for two years. lll � ✓ As I indicated t ou the o t er day, the shorter, decorative woo _en poles woul t)ee accep ble in your :subdivision. I t►ave l.,een informe tit . H ri.r of Towil', Inc. that these lights cat► ire Insta avvroximately $230, whereas the 16 foo '.Aluminum poles would cast about $350 and the conven- tional luminwn est lights as much ,t►s $500. If you ave any the= questions regarding stre^-t lighting or t..►is ntra please feel fren to call tae. Sincerely, Keith C. Thompson Director of Public works KCT/bna F:n^1: r r , H. A. MOHR & ASSOCIATES PHONE 6481232 CIVIL ENGINEERS PETERBON BUILDING H. a. HILLSBORO, OREGON 97123 IR E CIVILIL ENGINEER 2 July 1968 Mr. Keith Thompson, City Engineer City Hall 12420 S. W. Main Street Tigard, Oregon 97223 Dear Mr. Thompson: Forwarded .1erewith are four sets of the Street and Sanitary Sewer Development Plans and the Specifications for the Sanitary Sewer System in CRESMER HILLS Subdivision in Tigard, for your examination and approval. After they have been approved, we would appreciate it; if you would forward two seta to the estate Sanitary Authority for his approval. If you should have any questions, please feel free zo call us. Sincerely yours , FI. A. MOHR & ASSOCIATES Herbert A. Mohr HAM/em encl.. i 7 Sri SUBDIVISION compu"CE x,i?EE r;brr THIS AGREENETT dated the day of 1970, between the city of i'iyard, a municip.a-Lity of Oregon, hece- inafter term"d the "City". and Jim Aiken. Katherine O'Neil and F. E. Creamer. hereinafter termed "Petitioner", w I r N E S s R T H a WiiiiRZAS, Petitioner has applied to the City for rpproaral for filiny in Washington county, a subdivision plat known as C_..oaner Hills, located in Section 2, 'township 2 South. Ratrlee 1 west. willamet.t.p Meridiani and wHERBAS, t tie .i.ty of Tioard Subdivision Orth narce requires the subdivider to install streets, sidewalk*. street lights, storm sewers, sanitary sewers, underground utilii.iss and uthe:r public facilities for the eievaalopment and requires the payment of feast and bIFTMF.AS, the City has approved and adopted certain standard specificat.ionta prepared by prcfessinnal engineers for subdivision develolxnent, —d NRMEAS, the public improvements required to be constructed or placed in oetitioner's development are 'Lncomplete, but the petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision and the parties desire h^reaby to protect ..he public interest generally and prospective purchasers of lots in saki subdivision by legally enforceable assur- ances that the public improvnments will be installs.f :.s required and completed within the time hereinnfter set forth. now, THIMEFORE, in consideration of the forogoiny premises and the covenants ana agreements to be kept and performed by the petitioner and his surety, it is hereby agreed as follnwsr 1. petitioner ahall proceed with the developmr.nt with the intent and purpose to complete all public improvements in said sub- division not later than July 30, 1970, and petitioner ;s hereby bound to comply with all subdivision standards as not forth in said subdivision ordinance and the standard specificatiuns adopted Gy the City of Tigard, or as way be otherwise approved by the public works Department and to use only such material and to follow each designs as may be re mAred to conform theretot 2. To assure compliance with the city's requirements and the provisions hereof, the petitioner tenders herewith to thr ' ty a corporatesurety bond in form approved by the City, with lial3ility in the amount of $8,000.00, a copy whermaf i.:• hereto attached and Irl this reference made a part hereoft 3. In the event that petitionnr shall fail, neglect or refuse to proceed with the worti in an orderly and prnyreset.ve manner to assure rrnmplwt.ion within the time limited, upon ten days nnt.ice by the City to petitioner and petitioner's sureties, and such default and failure to proceed continuing thereafter, the City may at its option proceed to have the work completed and charge the costs thereof against the petitioner and petitioner's sursties aro] in the event the same be not paid, to bring an action on the said bond to recover the aisount thereof* in the event such action he bro'Jght, petitioner and patiticoner's sureties promise and agree to pay. in addition to the amounts acerving and allrrwable, such sue+ as the court shall adjudge reasonable as att0r!ray'.3 fees and ,cc9t i.ncvrred by the Aty, hoth in the ^'Tial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against. the net.it_ioner and/ or petitioner's sureties specific porformance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner, the city shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fee:r and goats, both in the 'o`rial Ociurt and Appellate Court, if any. 4. Petitioner, concurrent with the execution horeof, has deposited with the City an amount estimated to equal rental and maintenance teen with respect to the street lighting facilities within section 1 of the subdivision, according to Portland (:eneral 6lectcic :Jchedule 491, Option D. together with a further sum equal to the estimated cost of providing electrical energy to energise the street lighting facilities within said subdivision for a nerio4l of two (2) years from the date of initial energizing of said lights, said amount being $216.00. 5. The City agrees to make and provide periodic- and final inspections no in the city's judgment are necessary to assure com- pliance herewi.tie, in considera':ion whereof tho petitioner bns paid prescritel inspection fees. 6. The City agrees to install st.reat. idertificotfor and traffic signs within the said subdivision. 7, At a:ech time as all public improvements except Hidewalks within the said sui,Aivisivn have beset completed in accordance with the City's requirements, petitioner shall notify the City of the readiness for final inspection and upon certification by the r.)epart- went of PubLic Worko that all requirements of the City have been me•t, the petitioner will muhmit to the City a goat and sufficient main- tenance bond in form approved by the City in the sum of $10,300.00 to provide for correction of any defective work or maintenance becomie,y ,apparent or arising within one year after the final acceptance of the public improvements of said subdivision by the City. S. Upon rieceipt of certification try the r)npartmo,it of '1+errilic works that al.. requicemente have been met and a one-year Maintenance wand, the City council agrees to accept the public i.mprovmnents, subject to the requirements for correction of defieienCles snO main- tenance for a period of one year as hereinabove set forth. 9. That in addition to or supplementary of the requirements of the City's Subdivision ordinance and the r +visions hereof, pe+ti.- tioner binds itself to conform to the followi. l recluireements, srhedule and l.imitationse (i) Non" of the lots in said subdivinion as above described may he occuploA for re-sidential. rnerposes until an occupancy permit is issued under authority of the city and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the ■llewalk par.allelinq the street for each A"velopee4 lot proposed to be occupied, is installesee as a part of the developmontr provided that all. 41dewalks ns required by the plans and subdivision code shall be installed through- out said subdivision not later than three (3) yearn from the date of this Subdivision Improvement: etantrart. (2) 10. The part+.as hereto hereby adept the form of performance Lund, copy whereof is hereto attached and by reference made a part hereof, and petitioner agrees to cause to have the saie' bond exiscuted and filed with the City concurrently with thz. execution of thi¢ agreement at or prior to the time this agreement is executed on behalf of the City. 11. nje specific requ.►romenteu of Paragraph 9 hereof shall for all purposes be included as a part of the obligation socured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of petitioner with respect to any requirement thereof. IN WITNESS WHEREOF. ,petitioner, acting by and through its duly authorized undersigned officers, pursuant to resolution of its 11o+ard of Director©. has caused this agreement to be executed, and the 01ty, acting pursuant to resolution of its council adopted at a meeting thereof du" and regularly held on the day of , has cause - thin agreeerent 'c .'>e exemeted by its Mayor and Recorder.. C 1'PX :* TIGARD By .� By._ - Mayor W e.__..._�. _ By Recorder (3) i SUBDIVISION COMPLIANCE: AGREEMENT ` M THiw AGHEFNNT dated the day of T` ,19 between the City of 'figard, a municipality of Or here nafter termed the "City" , andA hereinafter torsed "a itioner'. W I T N E S S E T H WHLRLAS, Petitioner has applied to the City for approval for filing in Wunhington County, a subdivision plat known as_ located in :>ectton 2 Townsnip 2S ` , Range___ jLq . Willamette Meridian; aid WHEHr.AS, the City of Tigard Subdivision Ordinance requires .*k the subdivider to install streets, sidewalks, street lights, storm sewers, sanitary sewers, underground utilities and other public facilities for the development and requires the payment of fees; and WHEREAS, the City has approved and adopted certain standard specifications prepAred by professional engineers for subdivision development, and WHEREAS, the prblic improvements required to be constructed or placed in petitioner's evelopment are incomplete, but the petitt has nonetheless requested ;he City to permit prop_,reeslve occupancy use of property in the subdivision and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in eaid subdivision by legally enforceable assurances that the , public ',mprovements will he installed as required and complr.ted with- in the time hereinafter set forth, NOW, THEREFORE, in consideration of the fo,,egoin#; premises 024 the covenants and agreements to be kept and performed by the petiti4 , and his surety, It is hereby agreed as follows : 1. Petitioner shall proceed with the development. with the intent and purpose to complete all public improveronts in said suh- Y division not later than and petitioner is here% hound to comply with all^ subdivis on standards as set forth in said subdivision ordiiiant.^ end the standard specifications adopted by the City of Tigard, or as may be otherwise approved by the Publi^ Works Department and to use only such material and to foll,,w such designs a0 may be required to conform thereto; 2. To assure compliance with the City's requirements and tho provisions hereof, the petitioner tenders herewith to the City a corporate surety bond in form approved by the City, with liability IN the amount of Srp.pn a copy whereof is hereto attached and by this reference made a part hereof; �. It is nrreed between the parties thst In the event that the petitioner :droll fail, neglect or refuse to proceed with ".hf- wort In an orderly arid progressive manner to assure completion and in any event to assure completion within the time limited, upon ten days Ali notice by the City to the petitioner and petitioner's surety, and such ` default and failure to proceed continuing thereafter, the City may at its optlon proceed to have the work completed and to charge the coats thereof against thepetitioner and petitioner's surety and in the event the same be not paid, to bring an action on the said bond to recover the amount thereof. In the event such action be brought petitioner and petitioner's surety promises and agrees to pay, in ad- dition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, Loth in the Trial Cout and Appellate Court, if any, or the City may, at its option, tiring proceedinE.s to enforce against the petitioner and/or petitioner's surety specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tirard, and in such event, in like manner, the City shall he entitled to recover such sum as the court shall adjudpe reason- aLle as and for the City's attorneys fees and costs, both in the Trial Court and Appellate Court, if any. 4. Concurrent with the execution hereof, petitioner has tendered to the City a good and sufficient maintenance bond in form approved by the City in the sum of $101000.00 to provide for correction of any defective work or maintenance becoming apparent or arising within one year after final acceptance of the subdivision and its improvements by the City. 5. Petitioner concurrent with the execution hereof has deposited with the City an amount estimated to equal rental and main- tenance fees with respect to the street lighting facilities within the subdivision computed according to Portland General Electric schedule M _91 _ , option , and together with the further sum equal to the estlmeted cost— �proVldbig the electrical energy to service the street lighting facilities within said subdivi- sion for time prior to the beginning of the fiscal year, for which the City agrees to make provision in its budget. in consideration of said deposit, the City a,irees to include in its General Fund budget beginning with the riscr.1 year July 1, 19_71 _. _____and for each fiscal year thereafter, an estimated amount to cover street lighting energy in said subdivision on the same basis as the City shall provide simi- larly for othev areas of the City, and subject however, to constitu- tional s'.nd statutory budgetary limitatidns. 6. The City agrees to make and provide periodic and final inspections as in the City's ,judgment are necessary to assure compli- ance herewith, in consideration whereof the petitioner has paid pre- scribed inspection feem. 7. The City agrees to install street identificaticn and traffic signs within the said subdivision. 6. At such time as all public improvements within the said subdivision have been completed in accord,ince with City's requirements, the petitioner shall notify the City of the rendi-ess for final in- spe.tion and upon the certification by the b.,parti.ent of Public Works that all requirements of the City have been ret, the City agrees to accept the public improvements, cublect to the requirements for cor- rection or deficiencies and maintenance for a period of one year as hereinabove tet forth . IN WITNk:OSS vJILRE:OF, the petitioner acting by and through its duly authorized understgned officers pursuant to resolution of Its board of Directors has caused this agreement to be executed and the City acting pursuant to resolution of its Council adopted at a meeting thereof duly and regularly held on the day of_ , 19 has caused this agreement to be executed by its layor an Recor-Tc er. Py - ----- -Ties dent ecretary CITY OF TIGARD Mayor -•---__�_._— _ Recorder i STATb OF OREGON ) ss., E County of Washington ) On this day of ,19 ____,_, before me appeared---- and- _ both to me personally known, who b�eTng duly sworn, y JITsa-y t—hat he, the said _ 1n the °resident, and he, !d the said- _ is thi--I cretary of - '- the within named orporationI at�f thaT t-Fie-s`eaZ a?�`ixecT to sa nstrument is the. corporate weal of said Corporation,and that said instrument was signed and sealed in behalf of said Corporation by authority of it: hoard of Directors, acknowTeCged�isicl SnejrumenT-toand be aaT a- Corporatl.on. r IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixsa my official seal the day and year last ahove written. r ,+ W.,-''-STI o',--V - or rr AVirel: 1 STATE, OF OREGON an. County of V:asr.ini•tori ) pargorially appeared the within named and acknowledged the Toreoinq-T-ns'trurnent to be Ts voTuntery ae�and deed. Before me: -- o ary puhlT c 4`or-b'reRon - ---� My Commission Expires:_____.__,