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EXODUS SUBDIVISION
ry I A B O E F O H - -- . M�r�"ews�► z _ / CCJ(V �T. 5FL_ASH PA© w PIT I=u� Z-a�4 - 0 1`-p05 D �uTF-ALL TO N � 0 1� A 110 -rc :a o s, I + ig ZU Y _ � 011e O -�� � �. I ���� _; t. .r k .t N L II ;� t c S ' 4 _ ZK SHALL �': P► � cik, kl, IN CONFUIZ•1AdCE WIiH THESE PLANS ANU WITH HE CIT OF TIGARD W 5H1-D, Q ' 19 f`� �_ Y I , ALL r1iJl ! T - A • __- Yom' L (CITY) 5TAAUARu,. 14 THE LENT OFA :aNFLICT BETWEEN THESE PLAN, ANU THE CITY STA�JDAkUS, � � U] 8 75 11.:- /aT H r +"� `D __ = A�u ,r Q -I Q G fir. A A 12 �, 1 A Y I `C 0 J = ` THE CITY ST IJU 11_ S� LL T .,E f RECEDDICE. _ �-Q o' -�,-- - iq '` + LL /� [. ALL 5tiI�ITAKr E,Ic.rN sJ .K SMALL ik UI)iJE IN CUIIFUIvIA.i�CE ;JITN BOTH TtiE CITY ANO UI�IFIEU SI»rl- X7_1- : --� _SMT s �` •� �/� �U h-r - u ` krlAl;t NULNCY STAWUARIt i. T �� cri ��� ni U- Q? <Q .i. IIU ITEM OR PHA,E OF eiI :cK SHALL 1E COASIUEiZED COMPLETE IJIJTIL ACCEPTED Rv THE CITY AND THE i � CL IS A/C_ O �`1'--. $ �'U kr�GIIJEER, g� I y f<J � V `O "�` � �. C + 4. ALL TRENCH BACKFILL Ati' DIAL MLI IErHODS SHALL BE IN CoNFOR4ANCE WITH THE C:TY STANDARD:,. W N 4.I 5'►- t9 0 -J '� - S, ALL PEki IiTS AiIU LICF.It cS NECESSARY FQii THE PROSECUTION AND THE COMPLETIOII OF THE PROJECT T�f=" 1 C./a CTI IBJ w 0 �� `� A I/1�QW SHALL dE SECJREU AIJU QIO FOR BY THE CONTRACTOR PRIOR TO COMMENCIIiG "ONSTRI.JCTIOii. 3o ESM'T - a r !L 1 t: r T Cor0 be 'R. WOMI.L^{ MAIIJT'AIW4v� _ ��rn _ Cx�� 1T 6fT J Ir' m ,�I� Fx I�T I1, PRIOR T� GUMhIEWCING CI �STRUCTIOw, �E „OiJI ftACTOR SHALL iJOTIF� ALL PERTINENT COMPANIES Or'. ` On \ c11N.6 � N �N !!/ ��►•� �R.e'�" y� y -'a s AGENCIES WITH UNDEkij�+ UND CIL ITIES IN THE PROJECT AREA SO THAT SAID FACILITIES MAY BE Ir �� o ti n 2' 0 ACCURATELY LUCAT�D: E• POWEI GAS, TELEPHONE, WATER, SANITARY AND STORMSEWERS. , AT TA�H F j O!?. rAtL ` � G `�\ �- (p �,"v a �,x ' r ��' '�' p� S � ~ i. THE LO ATION O EXIST- iG UNDERGROUND FACILITIES SHOWN ON THE PLATS IS FnP. IVFO{'.MATIQi4 UIJLY -o I E - `('�2 • SO @\ _4 x �' ( 1a , �L A11D IS NOT GUARANTEeJ TO 6E ACCURATE.6 8. ALL SERVICE LATERALS ',HALL BE u-IACH CONCRETE PIPE, - ti CL C ' - i oR WMPACTeb - _ i ,/_ - - \ TC; c�"I6 N-)LE utJD �T-uf�t3ECD 0 IF = 3I 1 �7 — O �. ALL SA14ITARY SEWER ',c "DICE CONNECTIONS SHALL BE DONE IN CoNrORMANCE WITH UNIFtLD ` EWERA ,E ��UB f3A5C i tQ, S'O / s 7 0 0 ` 11 Hp, 2�' .`�✓ - _ r 00 EN M t='vM'-)- ,1� (O AGENCY/CITY STANDARDS s ,a►� t �,-7 -- Ot 17. yP FICO \ m n _ -1- s' 00�C�-2 0t �, 30� E SM"T T� _ 30 15131ICE LATH E� M'T R I TY(=� ILAI _ �QCTIOIy I TC = aH1 . ?O T © 1 'O 8' b1KE P T � I E F=A- N - _- O t 3 11.7 T. ST. t G I - _ 1 , LU C I 1..I ^ _ O� __-- ---- - - T' r P1�0,.1 E IZEM f f�EPL�a x-1. 91 I ICo' " � Ox r-1�'S9'�,." A 30' BIKE hf�TH ES("I'T, FC);Z, I �7 R j SITE / -� R rolQ sw. ExIST CL_IMZE3. LT rz �a vzQvc� - r/ ` �. GEIVF_�AL PUBLIC u`;E �../ITH --.. �..__. . S E;, >�'<' 3S C, 9 24e _'� 30 ESM1' F0RZ II`1CaiCi_5S - ���"' C�. `' A/C 5/W m - = Q /�\{� :�0/ ,o CSS LGz1=S5 f UTILITIES 1=0� _ -._ - 1 %s�TC=Zti2,'S1 „�G % - ) U � ,, �e\ C,e ,� s/.� l_G� C_5 3, ti , "/ S . 1''�,1. •C,.A/eG►vElttr4Y uGTE 10�' w11� •�,�" s �-- G 0, L ` . �/S T. ..SCO � ill- W�ONAL yrt � � -- 'V I 11 \ S 4 hcsr lei' Io%t. sfw�s 3 �E U Q N yoc' �. \ _ Q- oO'h d a 0 II Q 0 AJ rd — G 1 {G rl 4{L_ r3o X CLI s_T"E{r -q �. 3 �if" ' ".� ��0_r-� ; ALL r l LL S H ALL DE P1_ACE LD � ,s�� C FILL Co K)sz- c . n �i I C I I� I T`T' M A p A. --- ------ -- _ ti - TIM - t - - -- - -- _. _.__ _ __v__ . __. _ _ - T -- _ -- --... _ - _ - - _ _ >� - __ __.._ . ._ - _ -r . t .... Ul --- - --$ - -- — - _ _ fit 3 {'�- - _44- _ - l -. -- �►« _.__._. - ___ _ _ .__.._ --- --. _ l -- -- Fes' O iLa.* _ LL _._ _ - --- - --- — - - I - - ------ ------ - — _ _ - _ - - - _. -_ -- - _ . . .1�I --- - _ - _ - --- - - - - — -- - __ _ — - . : - i1ty-l _ -- _ -- _ — s - -- _ ----- -- -_. -_- _ O ALL SPACES M STB ENQ RSE`I" - - - - -t - --- --- ' ----r , -- _ __-- - - -- - — -- - -- RIOR O A PPOV L THE E F� S G 4_ _... _. _ _ _ Ic K T ` - 4 _. -_ --- -- - -- --- -- - - T — _ .. — � W R S ly HY z 7`i R NNING DIZ>n. _ BYLy -7� Q U� _^. .p ' A ATE .. G DEPT. � C1Y._._- -_ _- 4TA-- ti . -• sul" DIN G NTY LTH CPT Y TE _- r- ---- - - - _ , 'Gi A W TIC.jaRD W TGR b �I'. [3Y_, '� _ _ ATE_. f(-l0 7-7 _- _- _ _ 77 - ..II LUCA . W. NAT RAL G S 9Y— >TE I I -Zi-7 7 _ _ - Tf? - - - 'U Q rlf — �r _�_ _._ _ _�_ --- - - ---- --- _._. P. .". E. BY-.- ATE _ — _ _ T. __ ti it - 1 — — IL are I - EL_' ISG >:50 - .. -- -- -- REFERENCE INFORMATION AND NOTES: DESIGN DEVELOPER:PER: B A R N U M HOMES , I N I.,� Ev s �_ON r,Oi�IZ.01JT.t�L, p�-►-'uM " f-LAT r_xJDU � „ / I fes .{-{ 17280 S.W- A:GUSTA !wN. XO D U s 1 . 1 V'E Fr--r IC A L 1�/JTU I`-1 - u S C •l G � ' \/ TRACED - )t7! NO. • ALOHA OREGON 97(: 05 ' '•' � ,,•�--• - ----- STREET IMPROVEMENTS 8� STORM ' 'A0ID � T0ZM (�V-0, 10CIT', ZE 4 i_: _ hrr I - ;� , CHECKED Harr is - Mc1�,llonagIv Associates SHEET "` " PLAN 81 PROFILE � RFV. DESCRIPTION SUB. APPR. DATE ENGINEERS Sl!RVFYC)RS - REFER TO TRACING FOR LATEST REVISION DATE 890.`1 S. W. COMMERCIAL STREET SANITARY SEWER PLAN TIGARr), OREGON 97223 OF 9 c D E F I; ItII.NAM•TATIONCR r•.TO CO. EXODUS f I OF z � �IIh�IIIIIIf�IhIIIIl11111 I�i11+I1Irlllljlji�El��lllll'I(If) IlrllllllfllllIf-I°IIIllllllrll 111111) 1111111 1111111 1111111 I�IIIII Illllfl >711I�II 1111111 1111111 1111111 ••,+�,•,.�yh,,,.. . , r � _ . __- ._ _. ., .-- •_ ,r .., _ ..� .. I_ 2 3 4 5 6 7 8 9 110 II 12 i NOTE: IF THIS MICROFILMED - - DRAWING IS LESS CLEAR THAN �1 THIS NOTIGEi'-I1 IS DUE TO , 1FIE QUALITY OF THE ORIGINAL "DRAWING' OE 62 92 a AZ SZ bZ EZ ZZ It OZ 61 81 LI 91 91 b l EI 21 11 'JI 6 9 L 9 IS-- b E Z I•,•�r (0 111111111111111111EIIIIIIIifIIIIIIIII11111(�111111111111NI111111I1111,1111I1Iftlrrl{NIIIIIII►IIIIIIuI11uI1n111u1111r111111111111►u1I11111111T�11) nllhminnl►,IIIn111uulln�lulllnuhullul�lVj 111111111111111111nu11111bw111lI�nlI11111u�u1�f�11111111nn��wlnN JUNE 24 1992 w S U R V Y 0 R R 11~ I C A T E : LOT CURVE DATA LOT r RST BE "G DULY SWOM XPOSE AND SAY THAT HAVE CORRECTLY L.E N 0.IN i CHORD CH . BEARING 41 L L I Ali t, . MC MONA, DELTA RAL)I U5 SURVEYEED AND HARKLO 'wiJ, X 30` 1RON RODS ALL LGT CORN[VS , ("t.);RVE POINT") ANO BOON- 20#1 37 . 00 49 . 21 45 . 66 S_891�115315111 _w . . V � 1 76 T E S.'W* 1 /4 S. Ea1 /4 , S E CTI 0 N .31 T 2 %Vol R I W a 4'� L VAR� LINL CHANGf- S ! iv )l A ' ION THE LAND REPRLSENTED IN �HE ANNEXED MAP JF '1XODUS 1 37 �Ifl 20. 06 1' 3 . 2 2 12 . 9 a WA "N I %. .1 1. S- 7u 4" 3; g1 w CITY OF T1 G..-iARDI SHINGFON C"" OUNTY , OREGON , it _'E T '01 1. 4,- JRVr.Y I j I -"-1) 1 RON 2 37'- 50 110. 00 1229th AlAAT T4 INITIAL POL1'10' Of .0A I D St A ?" DIA . �0 36 LONG GALVANIA_L DATE : MAR , 1 C1978 SCOPALALE ,- 1 'w" 50, PIPE (.)'A10 POiiiT .0NORTH 664 . 401 AND LAST K4 . 16 ' FROM A 1 /7 " 1PON PIPE 2 170` 31 ' 20" 7 . 00 mi�1 )cA . 93 74 . X ii-37*45 40" -L p v 71-Z - 4. 1, 4 ' AiRKING TE. 1 /14 CORNt-.W, Jk 1'4E SOUTH 1. 114 Or SECTION 3 , ,r-2S , R- 1W, W . M. ; THL*NCL VR(lM VI I# SAID INITIAL POINT ALO- 641$k EAST' LINt OF "VEftiff` AND "VAIRGINIA 4RL`;' 042 JUBDIVI _ A P P R 0 V A L S . 10 , To P pojNT 0j,' 'HE SIGNS OF REGORO IN WA��IIVO';.)N COUNTY # OREGON N-00091301 L 455 . 1 Aj uj AfPkUVZU THIS DAY OF .-- 0 . - SOUTH LINL O� FA 1, " 'Itty, �4 STREET . `HENCI- - ALONG SAIL' SOUTH 't I NE S-W 39 .10"--W 1978 14 I o/p, CITV OF TIGARD PLANNING COMMISSION, 1 "U01 ; THENCE : N-00`09 ' k, 50 .00 ' TO A MINT ON THE NORTH LINE Of SAID STREET ; OD 4 THEOCE : ALONG SAID N 4R 14L. N-89 - .319Y30't-[ 4 - 00 ' ,' YKENCE : 14-00`09 ' 30"-E 155 . 64 ' To APPRUVED THIS DAY OF 0 THE NORTHEAST CORNER (0', �L 15, "VIRGINIA ACRES " SUEDIVISION ; THENCE Ir ICA cj IINGTON C00Y SURVEYOR 2.67 . 'k3 ' IU THE "FAIRHAVEN COURT " , A SUBDIVISION 10 U F L.01- 1 , BLOCK 3 % -b "CQRD IN WA` ti1N(.'j Y , OR�'GON ; 1HENCE : AWNG T4 WEST LINE OF SAID LOT U F RE H Av E_Q PPROVEo THIS DAY OF 197 44 ' 40 THE NOR' h LINL OF S .W . FAIRHAVEN STREET 6LOCK 39 5- 1 TO A POINT ON r 4ASHINGTON COUNTY q E THLIKE .- S-00`28 ' 10 W TO A POINT ON THE SOUTH LAINE OF SAID S .W . FAIRHAVEN ' IRLCTOR OF ASSESSMEINT AND 1AXAT 10M L_ Z, ( COU,147Y ASSESS-OR ) 1153TRE E T, T fii NC L AL ON G� LINE Of BLOCK SAID "FAIRHAVEN COURT a•-•13 S-13023 ' 30 ` (Y7 L4. C, 1 . 02 . 58 HE 6, 3 . 3 9 THENCE ; S- 39`50 ' 52" -W 5, AT 1.CST THIS-—- _JAY OF 1978 C" 1 Z5 156 11_w 102 . 06 W11 N E. 's-0, 0 2 2 14 1 10-W 14 V"'f k THE 4 C E S-2 7 ' 48 4 4 'W 114 , 64 -3� 90 5 rD 3 0,_ 'vN/ oE� a �U N 7Y AECTOR Of RECJRDS ANJ ELECT10NS (01047 �' Cl.. FRK ) 0 FHE: SOU THWEST COkht' OT 5 , 6LOCK 41 �ATC) "FAIRHAVb� COURT ` TH' "ICE . 'ru T1 IAL PUNT OF' BEGINNffitl . 10`', W 1124 .1 iE L4V NG 3 . 1 IC ACRE THIS JAY OF t" ROV 0.0 S4044 TO Efl� FOR 197P r,4 11KRTMENT ? HIS DAY OF NI.EAL I I N _A4?RG)a0 THIS DAY I)r 14 Co A.s 101", E x r, 78 3 WASHINGTON COUNTY BOA�D -OF CMATSSIONE R� Lo jo U NT Ald) RE4 0 ' 'S SHALL HAVE ALL FRO, 4_7"'$EME' 'r 110 ALL S 'DE W�LL ul.0 P F T I DE. ply _J T H A V E' INES, SHALL j. IJ F�* -ST0RN 'V.A1.NAGF vy stak u_f POTASti..'.' WATLk 'S 11 P Pt A N";� 7 T,L I T I ES cW A C K N 0 W L 1, J G E 'M E OREGON o STATt. COUNTY 01 ;- 4A$K14%T0N T H I 'S i S, TO CERT I FY THAT 03 1'4S, A Y OF 19*78 GEMRE TKE 111%0tR- 511 'NTS* -TAT, JUNE `4"UER ANO 'Ofti� Va. 14* k , AND, E �N()W AL I. 4p' ,rowo dy Th" 1�1f_ mr, 7 -r, �> ► ('All) (,� TAYE AM; COUV, ! Y , DID PLRSONA10 APREAR JUNF 5 1 GNLD,, A NOTARY P.UbtlC IN AN�i FOR -1 �ci R A Xt 0 W . T 186f.1,TS , LARRI 0 BAR110 AND KIM A . 1_1�iERRY 0 H E I LB A tit L s H % -0 01 OKEL LOA. 0 WEaER JOEL V . WEBER, CECIL We T18RCTTS , LARRY U . 3ARNUP�t AND KIM A 8 ER R Y 1010 AW 'D L'C L A KE' 11' 1411r. AN* Af,,) MAP OF "EXOW'S " *_ AS th !'RE ACCOMPANUING _')URVLY0R ' S SAY T07 -Ht rf"'REG01% INSTRUM�r 1� A' FREE ALT AtiU OLrD . N D L i�Fl% DULY SWOR, .1.) r RU F. ?4*,*, AND PLAT At I. To ' 'R I N146, v 1 0 'NS, WN cf.P"T i-F t f Ai-i A� THE'REOF'' 4 lmm: lo, 540 ITS 3CIBSCRIBED AND i)wvm TO bit'PORE A F, WE 00 s f,.' r F HERETY DiDiCATE TOY THIS 0A I 'r)F T Al�4') A' EASCMENT"� Of' THE W101,14i r"L ORP i . • TA PV3L It 4 -fb'8L IC". WAY$ FQktVfR AL'A. T R F.t T �INW ON SQA 10 MAP •o . I . . -, i� Jl_ . ',A, .'. V, .'I I . %, 1, , , Q �N �XP I 40, but (p MY C. 4M15S ' pt oim 71TE�F-, TS 1TATL' UF OR-EGO INC ;T# =I* -1i INC ON Cou 4 fr"W 4 mo o II, '-p-ho—— -7 + ir. MkR"t , L r " LN , WRLCTOR. OF Rr(, X,� AKI Ct-1 ( NS DO 4Ri.6.� Ct Tlry I HAT T! )HAVE' CWAAE 0 ROGER TkOMS G'I 4�14 -Til FUL-L IN- itt p '�'N A T 4H� S�W CORR"Ct 3' ' T"t 4I.TIHIN . PLA! •4 tr TV T HE N-1 1. 01 PP F,AR� 0 V �_QRL -'60C 1 kXT' K I K-j E 5 C-1 C 4 (,A� 7 X C 1)1..1 S) _34<, `, csl:•r7/ Woo— now 1 011 1 1) � , f, Ojij i I III I I f III 1'� ill 11 2 3 4 5 6 7 8 9 0 11 12 NO FE IF THIS MICROFILMED DRAWING IS LESS CLFAR THAN THIS NOTICEi" IT Is DUE TO THF QUALITY OF THE ORIGINAL. DRAWJNG. oc 62 ge iz 9172 a 0 2 61 R1 Ll 91 1 V1 1711 01 6 fa 1. 9 s; t, c Z I 1�o 70;r, ��!IIIIII�IIIIIIIII�IIIIIII�I�IIIII!111�111111111�{II{Il11111111�11111ttIIIIIItlttttltlllll111I1{IIIIIIIIIIIIIIIIIIIIiIIlIIIIIill�lllllltfill{iilllllllill�'.1IIIIIIIIittilllltllilllllllltilLI111111111I1i!!11111�111j�ijj�j111IIIIlIIII111111Illllllllllll.i1L1111111JjIlllllllllllLll�lI.IIIl111lllll 1111 ill r6 1 "A Iglu .TTTXTV 9A Q Q 9 rn O ' J J r. 0 G. j N ODC �N I1� an mn� ( ° r m �°� A CD5 O• K O C7 ro O � OK O. CITY OF TIGARD, OREGON DEVELOPMINT PROJECT GENERAL INF URMATION SHEET I . PROJECT No. : •--!_--�- II . PROJECT NAME: _ __-- III. DRAvgING (TITLE) _ .__--- :V.. PLAT (TITLE) : V. SITE LOCATION: VI . PRINCIPALS: ce c ' p- L-wr DatY1MwA (1) DEVELOPERS �' 1 �1�t'!� C ---1-Z=90 '!4.) r Address Phone No. 7 e�1Z72 (2) DEVELOPERS SURETY AGENCYs Arid res s Phone No. —. Bond ?4o.-.._____,_.._.____ _..__, Exp. Date..-/ ( 3) f.NGINEERs Address Phone No.L (4) INSPECTORs___M Address___.... . ^______.., Phone No. ______-_ __• (5) PRIME CONTILACTORs _.__.__ . _.._. _ -- ----....__ _ .._ .... ._. _...,,__.___._ _ .._.• I I Address_..._.._.____ _._ __ Phone No._�, i (G) CONTRACTORS SURETY AGE14CY t_ Address ._ ._..__.._► Ph ne No. Bend No. �, Exp. ( 7) SUB-cowr"c,rUkss ._. _____. _.___._._____...._______._.____._.___.__.__ . _....�• Decembei 3, 1991 CITY OF TIGARD OREGON TO WHOM IT MAY CONCERN: This is to acknowledge that effective this date, street, sanitary and storm sewer public improvement facilities installed within the following development projects are hereby accepted by the City of Tigard, Oregon, for operation and maintenance: 1 . Exodus Subdivision 2 . Barbee Court Subdivision 3 . 1M--h Ave/Durham Road Street Improvement 9 . Swanson' s Glen Subdivision KZ&IZ i"�" Randa]-1 R. Wooley, City gineer dJ/Jll:opi-mmIn.ecp i 13125 SW Hall Blvd.,F.O.Box 23397,Tigard,Oregon 97223 (503)639-4171---- Gln • p 1 11e�C� C✓�Ce • 13C bee. C— 0, t.r 11 }�•ese 1p coJ e.cjs at'r-. - Ton-► -�-�•Q q6 � �;1e . c e e•.a.;�n'� � �o be- Jore e. 3• 1)O�S ftA C>n 1 n �oc M o.% fgm—*, i-Ct-.wk P1Tk-D T m Q�S o i- ,,G W e. A o A)o4- 4A Re.caf0twLeJ wc'- C �se s� Pto� ec�s Ki � OIJ� C'. S A� 0. s '►oQe r.�o�- ,n�.a,�ln� Lo Jai s L LL S S W<<v� o T S `�qp i np -;-� I'rr►,�. V1a p p. r.'.•.� '�n �� �.ti.�r e , J `l O'DC NEIL, RAMIS, CREW & CC :11GA!l A'17ORNLYS AT LAW JEFF F1. BACFIRACFI BALI OW& WRIGHT BUI'nTAlr C ACKAMAS COUNTY OFFICE CIIARIJ'.S E. CORRIGAN* 1727 N.W. Iloyt Street 181 N. Grant, Suite 202 ST):,IIIIEN F.CREW Portland, Oregon 97201 Canby, Oregon 97013 S CIIARL M.GREEFF (503) 266-1149 MARK E. HER7.OG*** 1I11PHONE: (503) 222-4402 WII.IJAM A. MONAHAN FAX: (503) 243-2944 NANCY B. MURRAY JAMES M. COLPMAN MARK P. O'DONNEL, PIFASE REPLY M POR'nAND OFFICE KENNuni M. Ei I.IOTI' TIMOTHY V. RAMIS ypect,u co,;,,kt SHEIIA C. RIDGWAY* MICHAEL C. ROBINSON** July 15, 1991 W[I.I.fAh1 J. STAINAKt:R j :AISO ADMfr1Y.D M PPACMUI IN SfATL M WASIIINUMN D G `•� `� 'AISn ADNI"D TO PRACTCI!IN WISrONSIN •••Anwri80 TO INkArr"IN NFW YOM ONLY h 199 Mr. Chris Davies Y O Development Review Engineer C`j City of Tigard 13125 S.W. Hall Blvd. P.O. Box 23397 Tigard, OR 97223 Re: Enforcement of Subdivision Bonds Dear Mr. Davies: This office has reviewed the subdivision bonds for the Barbee Court Subdivision, the Exodus Subdivision and the Anton Park Subdivision. It is our opinion that the subdivision bonds for Barbee Court and Exodus may not be enforced by the City. This is because there is a 6-year statute of limitations on actions for contracts. The time period for enforcing the Barbee Court bond expired no .later than February 9, 1987 . The time period for enforcing the Exodus Subdivision bond expired no later than October 27 , 1987 . Therefore, the City is barred from bringing an action to enforce these bonds. The City may enforce the bond for the Anton Park Subdivision. Tho statute of limitations will not run on this bond until April 15, 1994 . However, I understand that the bank has released the performance bond originally provided to Custoin Homes by Dave, Inc. Because the time period for enforcing the bond fr.r Anton Paik Subdivision has not yet run, the City may pursue this matter. The City may pursue either Anton Park' s developer or the surety, Washington Federal Savings Bank . The subdivider, Custom Homes by Dave, Inc. , is not currently registered with the Construction Contractors' Board (but it is still an active corporation) . As to the bank, the performance bond provided that the hold-back funds were to be released to Custom Homes by Dave, Inc. only when "the City of Tigard has provided certification acknowledging completion of any or all work pursuant to the above itemized schedule of improvements. " The City may be able to bring an action against the bank for negligently releasing the funds. O'DONNELL, RAMIS, CREW & CVRRIGAN Mr. Chris Davies July 15, 1591 Page 2 Please advise me as to what further action you would like us to take on Anton Court. If the City decides to pursue an action against either or both parties in this matter, I would recommend that we first contact the developer to see if we can persuade him to install the improvements. Failing that, we would have to proceed against the corporation. As to the bank, I would recommend contacting them first and investigating why they released the hold- back funds. Upon completion of this investigation, we could evaluate further action against the bank. Please feel free to contact me concerning this matter. Very truly yours, O'DONNELL, RAMIS, CREW & CORRIGAN ott." C-- P4 Michael C. Robinson MCR/smc 13125 S.W. HALL BLVD. P.O. BOX 23397 CITYOFT167AIW TIGARD, OR 97223 (503) 639-4171 OREGON TO: n n ncf �_4 FROM: MESSAGE X 1 t „ F; ^\ ry L:t LYl)I'7 SIGNED - DATEL_.` REPLY--� _ _-- --- -- --- ----- — SIGNED-- _ _ _-.-- -._-- - _ __ DATE-- PLEASE RETURN ORIGINAL COPY WITH REPLY. KEEP PINK COPY FOR YOUR RECORDS. ws FILE COPY e � PROOF OF LOSS AND AFFIDAVIT • �L COMPANY. CONTRACTORS BONDING AND INSURANCE co. PRINCIPAL: BARNUM H(Hl� 01 O BOND NO. : 700725 BOND TYPE: PREFORMANCE "Please Note" Your claim will not be considered until all documentation and supporting evidence has been received. Only then will your Proof of Loss be deemed "filed" . This Proof of Loss is very important. It is critical that the information is accurate and any documentation attached is legible. When complete, please sign the Proof of Loss where indicated before a Notary Public. .A KNOWING FALSE SWORN STATEMENT IS A CRIME UNDER OREGON LAW. [Ref. ORS 162 . 065 - Perjury; ORS 162 .075 - False Swearing] ----------------------------------------------------------------- PLEASE MAIL COMPLETED FORM TO: Contractors Bonding and Insurance Company P.O. Box 12053 Portland OR 97212-0053 ------------------------------------------------------------------- TO BE COMPLETED BY CLAIMANT DATE: 19 (Date which this Proof of loss is completed) SECTION 1. CLAIMANT INFORMATION 1 . 1 Name/Company/Mailing Address Telephone : 1 . 2 Representative ( Contact Person/Attorney) Name/Mailing Address( if different than above) /Title Telephone: ( ) SECTION 2. LOSS INFORMATION 2. 1 Date(s) of Loss 2. 1. 1 Date(s) of discovery of loss ( if different, than above) 2. 2 Description of Loss (attach additional sheets if necessary) 2. 3 Supporting Documentation. Please attach all documentation in support of this claim, or a description below and explanation of why the documentation is not attached. 2. 4 Itemization of Damages/L ss claimed (with description of each item) SECTION 3 . COVERAGE 3 . 1 State basis of claim and description of how it is covered by subject bond (attached additional. sheets if necessary) _ I (claimant) , being first duly sworn, say that the foregoing is a true, accurate and complete statement of my loss in connection with the above bond. DATED this day of , 19_ Signed and sworn before me on this day of 19_, by Notary of Public My commission expires: (NOTARY SEAL) -t CA laLs Of ie°s L //Tll / v� r 4- tL 2/7-.6191 bac i / 4 us 7/2 ��c�1 r � w Cl ARD WASHINGTON COUNTY,OREGON November 12, 1982 Larry Barnum Barnum Homes 14390 SW Hazelhill Drive Tigard, Oregon 97223 RE: Exodus Subdivision Dear Mr. Barnum: We received a letter from your bonding company on November 8, 1982, stating that they were going to terminate your bond. Before this happens, you are required to place an overlay on the cul-de-sac. Please take care of this as soon as possible. If you have any questions, please call this office at 639-4171 and ask for John Hagman or Bob Thompson. Thank you, R. L. Thompson Engineering Service Crew Chief cmv ----- --- P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 ----- ]ANCELLATION N011C r RECEIVED Contractor's Bonding& Insurance CompSAI OF 1IGARD WASHINGTON City of Tigard LICENSEE: L,i3rLY O Barnum dba: PO Box 23387 BarnLun Hares Tigard, Or 97123 LICENSE rl Contractor's Bonding 81 Insurance Company OF WASHINGTON, SURETY UPON A CERTAIN Maintexiance BOND, NO. 700715 DATED ON OR ABOUT 1U/2V80 -Tf.�g8y.-W - _ IN YOUR FAVOR, IN THE AMOUNT OF /r1t707 VV HEREBY NOTOFIES YOU THAT IT HAS ELECTED TO 30 daysTERMINATE SAID BOND COVERING THE CAPTIONED LICENSEE, AS PRINCIPAL, EFFECTIVE 19 THIS NOTICE IS GIVEN TO YOU IN ACCORDANCE WI IH THE CANCELLATION PROVISION IN SAID BOND CONTAINED. BY: DATA & STAFF SERVICE CO. Contractor's Bonding OII Insurance Company N DATED; ---.-11/04/82 BYWASHINGT_ DONALD SIRKIN, FIR,.-SID—ENT MEMO; THERE CURRENTLY REMAINS EFFECTIVE AND IN FULL FORCE THE FOLLOWING BOND ,FOR THE ABOVE NAMED PRINCIPAL. BOND L }. Co*ador's ronding & Insurs. nee Comparrn, City of Tigard SFAWS la/11/sl PO Box 23397 Tigard, Or 97223 j BOND: 700725 PRINCIPAL : Larry O Barnum dba: Barnum Homes OBLIGEE : City of Tigard DESCRIPTION: CONTRACT AMOUNT : 2, 989.00 Subdivision plat known as Exodus located in sectior 3, township 2 south, range 1 west for the installation of sreets, street 11,,I1its, curbs and storm sewers. The CONTRACTOR'S BONDING and INSURANCE CO.Is Surety on the above Bon.l. We will appreciate your cooperation in providing the information requested below,and returning the form to us so that we a.gay have current status Wormatie n on the captioned job. A duplicate copy of this letter is attadred for your files,and a tush.,ess reply envelope is enclosed for�vur curve ruenc*. Thank you for your assistance. Yours very truly, Bond Department IF THE CONTRACT HAS BEEN COMPLETED : 1.What wa.9 the completion date? ___._ _ gate of Acceptance 2.What was the final contract price?. Haz+full amount been paid _-- 3.Was the work satisfactory"' ____ _ _ ___�—__ _--•_ - --•- --- _ -- 4 Have all labor and material bills been paid? — IF THE CONTRACT HAS NOT BEEN COMPLETE 1.What percent of the work has been complKed to dste7 — — _— - _ ------_-- ------___-- 2.Total amount paid to the Contractor to date:f ---- ---- — - - -— 3. What is the amount of the retainage withheld?R 4. Is the Contractor paying hid labor and material bills? 5. What is the.anticipated date of completion? -- &Is the work being acoornplished and progressing satisfactorily? _-- 7.if the answer to no.E is no,please explain Firm: (11t1e) Date: ---" / ---— Address. Telephone: 71 500 NE. Multnomah Street,Sutte 200 ■ PO Box 12053 ■ Portland ■ Oregon . 12 • (503) 288-0181 1 (800) 4`tt ts'f�`r invnmhnr 13, 1480 'iestevn Division 14!iS Stl Old achol.l s Perry !load Beaverton, OF 910tyj 1t tri: Ken Snvdar "xoJua ubcii.vigion Strec:tl.i+,hr.in-, Dear ;.en: ""'a i-" to that t�iu 6ity itac !miwi tho qtrecttJ%,Iht installation in 980 at►i,cii.vigfnn to iia entigfncto yr an,,, '+trrh�r, to Aekne'W"ad"e. t.n srier.''ize th«+ is 1 lis�ht therein, cinder gchetiule 91, +-inn Yours trt,l 7, .1. �• ''a to Supt• J9Hspjr CC! City Aerntintant act Larr.y Urnttrt r 'letober 28, 1930 THP ORF-GOO r,1,:`If; Ti-'argil nrincl, Ti !ard, Ore-nn 9'223 Ctrs: "xodus Subdivision Hand _ctatle^,�:t: In the matter of the nri,•inal "inteen 'rbousanl One !iundre.j Thirty ?line A•td 50/100 "nl.lars ";19,139.501 Cash Pond Vscrow AK,ree•aAnr, C?Atwean. +annum 1'r :., n oartrierst+ip, And t1im Citi/ of Tigard, ()re,:()n, and the Orw,,an Van , i ar(.l granclh; this in to serve as official. notice to alloi.+ said rank to release fo asid partnRrship All of the iml.tnce of AaiJ ori !innl Ctgh 'ion;. Tliis notice shall not be construe-.1, to nullify or ,alter the terinm of the project COr1C.1.i..cmce A+xrpecient in any va,y: it: is -ev,ly ,in authcmiz.,if-t .•n to relenso the entruntwi Csax, !:cnd �,,ecrm- A-reerient monies. City of '11—ird, Orci.on 13y' _ .._ ....f.. iayti� �tv F�ecordpr pjr 1C'"y,y� t�.. �.��t, �, -� , - 1 •.� try f r i i I I i CITY OF TIGARD, OREGON RESOLUTION NO. 80-` a , RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENT CONSTRUCTED WITHIN EXODUS SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. WHEREAS, the City of Tigard Subdivision Ordinance requires subdividers to install streets, driveway aprons, street lights, curbs, storm sewers, sanitary sewers, underground utilities and other public facilities for the development of subdivisions; 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_ impro-?ements, subject to the requirements for correction of deficiencies and maintenance for a period of one year. . . ; and WHEREAS, said certification ;gas now been received, subject to correction of hereinbelow listed deficiencies; and WHEREAS, an acceptable maintenance bond has now been received by the City to permit release of the previously submitted performance bond, as allowed by said contract, ensuring continued maintenance of the work throughout a one year period; NOW, THEREFORE, BE IT RESOLVED Ll.at the City Council of the City of Tigard, Oregon, hereby accepts the public improvements constructed within Exodus Subdivision, said subdivision being recorded in Book 42 on Page 15 in Washington Cointy, Oregon, Plat Records, subject to: 1. Placement of a one-inch, Class "C", A.C. overlay. 2. Submittal of one as-built mylar. 3. Submittal of Lot #2 storm drain easement (document) AND FURTHER, subiect to the conditions of obligation of the aforsaid Maintenance Period; and FURTHER, the City Council herein authorizes release of the balance• of the previously submitted performance bond assurance monies. PASSED: This „Z7 ?` day off u 1980, b Co nci of the City of Tigard. 1 � ATTEST: / c Recorder USOLUTION No. 80-M • � v 12 CITY OF TIGARD, OREGON V-O �� `'�► ��-' RESOLUTION NO. 80- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENT CONSTRUCTED WITHIN EXODUS SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. WHEREAS, the City of Tigard Subdivision Ordinance requires subdividers to install streets, driveway aprons, street lights, curbs, scorn, sewers, sanitary sewers, underground utilities and other ;public facilities for the development of subdivisions; 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 cell 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 maintenance 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 by the City to permit release of the previously submitted perfor.m,nce bond, as allowed by said contract, ensuring continued maintenance of the work throughout a one year period; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tigard , Oregon, hereby accepts the public improvements constructed within Exodus Subdivision, said subdivision being recorded in Book 42 on Page 15 in Washington County, Oregon, Plat Records, subject to: 1. Placement of a one-inch, Class "C", A.C. overlay. 2. Submittal of one as-built mylar. 3. Submittal of Lot #2 storm drain easement (document) AND FURTHER, subject to the conditions of obligation of the aforsaid Maintcrnunce Periud; and FURTHER, the City Council herein auth,rizes releawe of the balance of the previously submitted performance bond assurance monies. PASSF''J: This day of 1986, by the Council of the City of Tigard. Mayor r Z ATTEST: e Recorder i / �`'�S \ �V �� 1,0G k RESOLUTION N0. 80-__ � w 0MG1" Bond No. 700725 MAINTENANCE BOND KNOW ALL MEN BY THESE: PRESENTS: That we, LARRY 0. BARNUM, DBA BARNUM HOMES, 14405 HAZELHILL DRIVE, TIGARD, OREGON 97223 as Principal, and Contractor's Bonding and Insurance Company, a corporation i ze d organized and existing under the Laws of the State of Oregon, Surety, are held and firmly bound unto CITY OF TIGARD as Obligee, in the sum of TWO THOUSAND, NINE HUNDRED EIGHTY NINE AND 00/100 ($ 2,989.00-------) Dollars, for the payment of which, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 4H EREAS, the said Principal has entered into a certain Contract with the Obligee dated OCTOBER --1, 1980 for SUBDIVISION PLAT KNOWN AS EXODUS LOCATED IN SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST FOR THE INSTALLATION OF STREETS, STREET LIGHTS, CURBS AND STORM SEWERS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIOI: IS SUCH, Tuat if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of ONE (1) year (s) following completion, then this obligation shall a void: ot►ierwise it shall remain in full force anu effect. Signed, Sealed and Dated this 21 day of OCTOBER , 1580 BARN tES, A SOLE PROPRIETORSHIP rinci.p ,/� ncip s Signature CONTRACTOR S BONDING AND INSURANCE COMPANY ure t PRESIDENT Donald Sirkin October 21, 1980 V I 15.+�r�.ryrt , n pn..rt:norshin of I.arry�Rrnunt 6 t"ccil Tibbits, "; 14390 ^,, N'Azolbill nrive TL,,ar<l, OP 9.17.23 R7:. ,. ..rtq�tlg �t�;r�TtrT:;zrlt,t a. s�etttl,o�rn�n The City Cmincil of tho city of Tiparc), ove,-nt►, at their stuffy *eaei.On "t. ^ti.nm o ()etobor 20, 1.980, a-reerl to Officially act to condttionilav RCrpw )t- tl;a ,,tit l is itnl,rove-nents which have been inntalleti wi,titirt v.xodve Aibdivision, at their forthwcaming repttlar meerin-I to be hold on Or,tober 21, 19 i(7. Yotars Lr+tly, F'rnnit A. Cttr.ri.e, C'. .. ttirmetor. of Public '.corks CAC:s 13.1 r � � ��' ,�_, GAJ t Alf ��" /� �-°�� �-Z, L fry �, E6 c, F LD CITY OF Tlkrl7lARr) �K -q� Igard • for INSPECTION TIME : _-_� �. PERMIT NO. :----- DATE : O. :--_ _DATE : /-^ L_��' DATE ISSUED '_- I1__. OWNERS NAME : —__ ADDRESS: _ - ---- --- ---- CONTRACTOR TE;T : Air 0 , Water[] , visual cf, Laborato- j Q RESULT: Approved In Disapproved 0 , Pending p SKETCH. } T INSPL'.'TOR DATE L 4OTE Attach supplemental test data he, el� pnroFtMID VASHNOM clu�m.0RGON 2,000 zIWO to - &-too 2 las 735 30 550 3)s4Z,SO la ,g44 , 5U 1243D W MAIN 1O IM MW HOMO.OWWN9n" IM w./in �� �' �"r /y�fr'.•-�'�..�r, �,,., tea, �h�i,1�. Is ..j� /•/� I').P c cif s Al y�1�'1vt ve, .t. < •' '"'",L, .'R..�. � V�.G[.dk � G.1 G r q+Z�ti cti,� , WASHINGTON COUNTY,0REG0r,I July 15, 1980 RE : Exodus Subdivision (Bond Reduction #1) Gentlemen: In the matter of the Ninteen Thousan�! Onc Hundred Thirty Nine and 50/100 Dollars ($19, 139 . 50) Cash Bond Escrow Agreement, between Barnum Homes , A partnership, and the City of Tigard, Oregon, and TY,e Oregon Bank, Tigard Branch; this is to serve as official notice to allow said Bank to release to said part- nership the following portion thereof said Cash Bond: The amount hereby authorized to be released is Eight Thousand Nine Hundred Ninety Five Dollars ($8,995 .00) . This notice shall not be construed to nullify or alter the terms of the project Compliance Agreement in any way; it is merely an authorization to release part of the entrusted Cash Bond Escrow Agreement monies . City o Tigard, 0 on B d� a yo/r� By: City Recorder V 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 -7 S-elc E?�O�S PE�tFoRMA�.IC.E !�o►.�b : .•� 1 %oo. -- , Air ew��oa,��w►.e.�c �dw►e. $ No low. ��►,��b, 3,400. � � �,1.. C .VAC �� C ►�O �Ov�wt,�r �1.�41.1►CO►> 795.� 5� Cr�.e.. 4��c..���.�, a,o �eh � te.•�w��c� .5995. ('701PA-) ChSk-� UlliSb VScRow kGRNtT 19,139. so V 10,144. s° MEMORANDUM TO: City Council FROM: Public Works Director SUBJECT: Request by Mr. Barn+ for Elimination of the Bikepath and Sidewalk in Exodus Subdivision DATE: July 14, 1980 Though the current land partitioning ordinance (Title 17) stipulates "No Variance from Sidewalk Installations Shall Be Permitted", the ordinance in effect at the time of approval of Exodus, while requiring sidewalks, did provide means for waiver thereof; in the case of Exodus, a waiver way not requested. Subsequently, plans were approved which facilitated sidewalk installation therein. Recently, the developer of said subdivision has now expressed his desire (to staff) to have the bikepath and sidFwalk requirement waived. While staff concurs that installation thereof would not materially serve the public ':it,rst, elimination need be authorized by the Council. � I1o�a OOK � � `1 ) -7/ Qej f 4 t ,-s t/ ob-t_ C a n.r�Ci v v 1 1.7 too �P��S �9 J C� C V f�►- E-C C.�PTS (� ..� � �' �LZ :i'�..„_,� ��/ � A h r n c to C .. .�.� ,tr F'� �l_r r r 14. 64 fA �/ M E M O R A N D U M TO: PUBLIC WORKS DIRECTOR FROM: PLANNING DIRECTOR l2EFEeRENCE:SUBDIt7ISION, S 13-76, EXODUS SUBDIVISION VARIANCE, V 3-77, VARIANCE FOR B'RNUM HOMES SUBJECT: Request by Mr. Barnum concerning elimination of bike paths and sidewalks in Exodus Subdivision. In reviewing the files, I find that in the Staff Report dated August 31, 1977 (File S 13-76) that Staff Observation "C" mentions sidewalk construction. However, the setter to Barnum Homes which approved the Subdivision on August 31, 1977, makes no mention of sidewalk construction. At the present time, sidewalk construction is almost impossible because the homes are built close to the cul-de-sac curb eliminating taie sidewalk construction area. I recommend that no sidewalks be constructed. The proposed Like path construction proved to to extremely dangerous and I previously notified Mr. Hagman that that condition was not appropriate. In the future, we will examine subdivision plats more closely to eliminate these difficulties following completion of the buildings, etc. Ze. eeo,a "� CITY C* TISAW WASHINGTON COUNTY,OREGON May 12, 1980 Barnum Homes 14390 SW Hazelhill Drive Tigard, OR 97222 Attn: Mr. Cecil Tibbits Mr. Larry Barnum i Mr. Kim Okelberry RE: Exodus Subdivision Gentlemen: After consideration of the situation whereas certain public improvements require correction in Exodus Subdivision (being further interated in the attached letter dated October 31, 1979) and further, whereas all required improvements were to be completed by Mr.rch 27, 1980, in accord with the project agreement and bond, and whereas no visible progress has been made tnerei.nregard either situation, we find we must pursue this matter via legally enforceable means. Therefore, i►, accord with the terms of the executed projoct Subdivision Compliance Agreement and the Performance Bond, please consider this as notice that in the event you neglect or refuse to proceed with remedial work in an orderly and progressive manner wi..�hin ten (10) days to assure satisfactory completion and such default and failure to proceed continuing thereafter; the City shall proceed to have the situation rectified and shall charge the costs thereof against you and your sureties. In the event such is not paid to bring an action on the bond to recover the amount thereof, including such sum as the court shall adjudge reasonable as attorney's fees and costs in- curred by the City. Yours truly, Frank A. Currie Director of Public Works FAC;pjr cc: The Oregon Bank, Tigard Branch cc: City Attorney Encl. -- 12420 5,W MAir P.O ROX 23397 TIGARD, OREGON 97223 PH: 639 4171 — smwl I MW W-- cnyl, )C*A October 31, 1979 liar ris-11clionap,,le Associates, Inc. 8905 SW Commercial street Tigard, OR 97223 ,.et Sxodus Subdivision Attnt Ue L. Ac':onagle Dear 11r. 11c14onagle t With reference to the items of concern noted in your letter dated September l 19799 those items and the following need to be done, t.o -.ii_t: til. ".e hove 9nd replace the conereCe curl, returns on both aider of Q'� the entrance to the cul-de-sac, to the 'approved plan' alignment/confi-�tur.ation. 2. Four a concrete curb drop thr.okt,>h the 4r.ivewaly to Lot I'll-and throu;�h the 'common' lriveway; and, also, 4-ttm l{ a--five -foot -Hmrf 1. -4,p }t�- ro -a�aa4_.&t 1 _ 1A�'�k 3. Igemo \the b k .ath ut/�n thR'/ rh (s utti r znc a ACa�nd c. icreC>a curb. reatr- aFt+u; mplyi with47 (btloo) 4. Instnll an AX, curb along the east edge of the common driv•vay; con- struct an inlet at the low point and c.onatruct on undernround pipe line to drain runoff, en.arArly through aide lot line easement(s), to the natural drainage awal,!. '_"hese improvements shill not be construed to be publicly operated. and/ or ,-iaintained facilities; such responsibility shall be dele;;nteu to the cormn-•acceaa•-way owners. 5. Tie in the ,prk-nxisting, storm syste", (pipe from the stove manhole which lies behind the ore-exietinR south curb at the terminus of told' ^�1 �.,, Weis Fairhaven Street) to drain through the cul-de-Fine's 'public systn, 0 6. Repair street soft epota and at the time of placement of the out, inch (min.) overlay repave the c+il-de-sac, crowning such to provide for runoff control along the curb line. Harris-McMona,yle Associates, Inc. Page 2 October 31, 1979 7. Obtain written permission from the City's planning Department to eliminate the original bike-path requirement condition. 8. Install a five foot wide sidewalk around the cul-de-sac and grade the embankment shoulders and slopes therealong. 9. Install the required streetlight and mailbox cluster. The aformentioned was to be done under the direction of the project design engineer and, subsequently, should bring the project back-on-track; such is what our notes indicate anyway. Yours very truly, d T;hn S. Hagman Supt. Engr. Division cc: Mr. Cect. Tibbits (Barnum Homes, Inc.) c � Q N N N z33- V917 Harris-McMonagle Associates, Inc. RECEIVED I N61NEE Rl;-SURVEYORS A[, 13 11979 8905 S.W. COMMERCIAL STREET TIGARD. OREGON 97223 CITY OF TIGARU Telephone(503)639.3453 September 10, 1979 Mr. John Hagman City of Tigard Dept. of Public Works Tigard, Oregon 97223 Re: Exodus Dear John: As a result of the cn-site meeting between City of Tigard, the developers and myself, certain corrections to the existing construction were discussed. The following is a list of items the developer agreed to do to correct various problems: 1 . Remove & replace curb returns on both sides of entrance to cul-de-sac. 2. Pour reduced curb through driveway to Lot 1 and pour concrete drive- way approach. 3. Remove bike path cutout in curb and re-pour standard curb. 4. Pour reduced curb across common driveway to the South. 5. Place A.C. curb along East edge of common driveway, construct inlet at low point and ;()nstruct pipe to East to natural drainage along side lot line. 6. Tic in pipe frau storm manhole behind curb to inlet in Item #5 above. 7. Place 1 " A.C. overlay on cul-de-sac. 8. Eliminate bike path construction from cul-de-sac to and along drainage swale per developers agreement with -,ity Planning Director and ;public works. As I recall , these were the items of cenc,2rn. If you agree, please advise me or modify. Very tr y yours, �'�l a?91 el WLM:ds ' Harris-McMonagle Associates, Inc. � i ��c: Barnum Homes, Inc. \� 1 Avoid Vernal Messages CITY OF TIGARD To -- �l \ '� Mp � From : i u b j e r - ---- Date:-- V ate:- ---- 1" 1�1C-v� `� 5'� cn zT , 1�t s r-r s- ^ �''�w'^•a v 1 V,L►� 'saL- G1.1-"-b C�`M" <+�`O r+•h rS G-�-�7 iE..Y- r-1 r a �C'. co x G l 1-\••• w o r 'p�.G.z+rl 1!r C Z r v\.G J t GvA' April 9, 1979 BAR"NIM IIC)MES 17700 S.W. Au;;usta Lane , '� ` e,�-"► Aloha, Ore,-on 97005 Attn: Mr. C. Tibbetts Ret .,xodus Subdivieion ( roar 'fr. Tibbetts: In response to your letter of request, dated Iarcb 29, 1979, an inopection was conducted of the proposed ,,ublic improvements in said sul?division for the purpose of determinin0 readiness thereof for City Council tentative acceptance action. The foll.main±, listint,, sutrwrincs iters ahlch ::ere found to bn deficient, and in need of correction, and/or which rannin to lie completed pr!.or to -itaff beinv,, able to cartify readiness for acceptance to the. Council: e-K. 1. laficient cul-�de-sac curb anditte-returns• � f G 2. „ curb counsectionto S r-,�. \,'jC ,....• 1. , 3. " " curb crit, for path/wheelchnir ramp• 4. " curb curs, for drivowny aprons � ,.�%A4L4 j. !t " rcrosenctional) profile. \�� - 5 t •* i ► A'�C. 6. " enibanki--nt shoulder and slopess 7. Deficient: aecesv,'u tress driveway (longitudinal) profile, - 80 rofile. _B. to " to It drainage system* �v\b\r4a! �►!li r+.�N� 9 �� of " ' it:tprovenent width*-' 10. if of It9hOtllde�'8. t�v� ernbat kaent slopes. 12o driveway aprons. �r� , �,.t, c.a4 C >w BARNUM HOMES April 9t 1979 Page Y a..r 13. Deficient catch basins. 1 14. to mailbox cluster. 15. storm drain alignment. � t on-exsansewa . 1✓ .a��.�,� 116. '! ittidlk 1 1 embankment shoulder and slopes. «.,a.•„� �� "' strectlight. 1.'.'. Pathway. vV\r \�r«.vw+. .�+• 20. storm drain junction bo%. w:,.. .�„. "s...w �c r 'c%or,1�!° 11. ” path/whe^_lthe it ramp• 7.2. Cul-de-sac r3V@m@1'ltkink-up and trench settlement therein. "" ,.���°'J co'l-V Please contact this office for inspection of corrective work. Since this is n r unusually lon,ry listing of ohnerved problems, it is ritron-ly reconrtneniied that you endeavor to coordinate the efforts of your. onfincer .and contractor and, further, endeavor to oversee that inspection requests are submitted to this office 2.rior to forming AheaJ with work which +nay prove to be unacceptable. lours truly, J. S. Hagman Jsii/p jr Supt. [W. r. u3vislon r 3' asr f F 1 fw i'~••- ~ � •T r v '� c. ^ � v1 All CI f .44r t r � r. ! ,10 tl 4 e •3�s r i )/C,Ax .. City of Tigard City Hall Tigard, Oregon In re : Security Es^row Agreement. "Exodus" Dear Sir(s) : Sub-.division Due to the tact that we have now finished the storm sewers, road- way, and curbs in the Exodus sub-division, we request that the funds we put into an escrow account at the Oregon Bank in Tigard be released in the amount of $ 15,000.00 , so that we may pay the contractors who performed this work. This would leave over $ 4,000.00 left in the account to finish the small portion of bike path that was planned in the original sub-division approval. Since this work has already been complet69, we are in urgent need of these funds to pay the contractors who perfo.rsned the work. 4-e would be appreciative of your good efforts in exneditinq this request. Very truly yours, Cecil W. Tibbetts III For 7 Barnum 1Homes, Owner 1& Developer ( l a I / `D V v V Y / 1�1 {r( S tLt I tom.'\ /�1uha Ute u►� �� 90uos' rMUMr r r r ' CITY OF TIGARD -� - P.O. Box 23397 12420 S.W. Main Tigard, Oregon 97223 /f lA 7' /�� 197 Re: C Xn I-)( ) . Subdivision Dear This is to verify, per your r,�quest that: wrI/ AodB Mcce<,s 4-n 1. Each lot a concrete or asph ilt surface road which has right-of-way and im- provements, including curbs and necessary and ad-- cquatle drainage structures, togetlier with means for operation and maintenance, which caee is the standards of the City of Tigard, Oregon. 2. Said subdivision, where necessary, (tzfm� (will lipi-a) drainage structures and fill designed to prevent flooding as approved by the City of Tigard, Oregon. 3. A municipality owned disposal system (is) � available to each rot, at the lot lire of each lot at the time of :,ale or lease of each lo-'. which pipets the requirements of the Environmental G7uality Com- mission, with capacity to serve nl] lots in the subdivision. ! . The improvements requirod ,to be construe ted,by the City of Tigard, Oregon (have yet to be constructed) 5. A Subdivision Compliance Weement and Ferformance Bond (and M,.;ntenance Bond tins been executed by Page 2 the subdivider and has been accepted and acknowledged by the City of Tigard City CountAl them inregard completion of the improvemen►,s; said documents are on file ir. the City of Tigard Recorder's Office. • I hope this Letter clerifies the matter for you, regarding documentation/verification required to be submitted to the State steal Estate Division by each subdivider. Yours truly., John S. Hagman Supt . Fngr. Di-vision Public ':forks D.partment City cf Tigard,, Oregon JSH/pjr i 1 , BULL CALL: Pre-sLd-nt (.f Council , AIaa W. Mickelson; C •ncilmen John E. Cook, Kenneth 1•# checlela, Lynn R. Wake:,i; Chief roliee, Rupert Adam,-; 1_P al. Counsel , T. D B.ii tey, arri.,!ed late ,t c :00 P.M, ; City tc Admin t;trator, R. R. Barker; Cat} Recorder , Doris Hartig; Adrnir.i ..trat 'Cv- Aldi, Aidace Howard; Planning Ass,..;tant, .John Laws. 2. ''All. TU TPF AUDIIi,;('E -OR THOSE DESTRING ':0 SPEAK ON NON -ACE'`DA ITrMS. to �Gieal. 3. AI'. ?OVAL OF MINUTES: March 1.3, 20, 21 , (a) Councilman Scheckla requested a changes in the minutes of March 13, 1.978, to reflect in item 418 Section (f) that lie: "involuntarily" abstained from voting. (b) Motion by Councilman Cook, seconded by Councilman Wakem to accept the minutes as corrected. Approved by unanimous vote of Council present 1'4. ACCEPT SUBDIVISION COMFLIANCE AGREEMENT & CASH BOND ESCROW AGREEMENT Exodus Subdivision - Authorize Execution by Mayor and City Recor:ier. 1 (a) Motion by Counci.lran Cr.rk, sccunded by Councilman WakET to accept and authorize execution. Approved by unanimous vote of Council present. 5. MONTHLY REPORTS - RECEIVE AND FILE. (a) Motion Ly Councilman Cook, seconded by Councilman Wakem to receive and file. Approved by unani.mcus vote of Courr-.; i 6. APPROVE OLCC APP;�ICATION FOR RENEWAL APPLICATTON FOR - Ross-Chance, Inc, , Hok_r.'s Pizza House, 14365 S.W, Pacific Highte.iy - R Application. (a) Approval reco,.,mcrded by Chief Adams. (b) Motion by Councilman Scheckla, seconded by C%u:u.ilman Wakcm to approve. App~ovcd by unanirnous vote of Council presr.,nt, t 7. SHADOW HILLS SUBDIVISION - Edwards Industries, Inc. - Approve Sanitary Sewer Compliance Agreements, Performance Bond and Sanitary Sewer Contract. (a) City Administrator, Barker recommended approval. (b) Motion by Councilman Cook, seconded by Councilman Wake7to approt, a11,1 authorize signing, M f� C '(t AULNDA: Z-7 —76 1• CALL TO ORDER y 7• ROLL CALL t 3• "LEDGE OF ALLEGIANCE +• CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA I7'Eh 5• CONSENT AGENDA: (All 15. . matters under this heading are considered to be by the City Council. and will be enacted in ,no motionror+tine the form listed below. There will be no separate 'n y of these items. If discussion is desired by discussi°° member or member of the audi,2nce, that itemYtaan"ili be removed Council from the consent agenda and will he considered separately, ) (a) Approval of hfinutes - March 13, 20, 21 1978 t M I;ritten communications - Receive and File Done (c) Accept Subdivisio Exodus n Compliance Agreer�ent & Cash Bond a Subdivision - Authorize Execrow Agreern,nt cution by Mayor an (d) ?1°nthly Reports - City ReLord�r. -P Receive and File ...-.._....,,.,, .-. .._.., � C Building ! f b ra ry �-M-,._...........•,.---' Finance Planning Police APPROVE OLCC APPLICATION I'OR RENEWAL Ross-Chance, Inc. ,� Hok ;.cs Pizza House, ic 14385 Sil PacifHighway, a mrg Y� R Applic tion ) R�'conendation of Chief of Police, SHADOW HILLS SUBDIV SION - Edwards Industries Compliance Ag s, Performance Bond and S regimen . , Inc. - Approve Sanitary Sewer (a) Recomrnei,dation c,f City Administrator. RE;S01_U'I'ION No, 78_ A RESULUTION OF THE, TIGARD CI1,ykEGIONr; AL ENERGY A SET OF CO',ICEP'FS t�HICH SHOULD COU CIL OUTLr";ING REQUIREMENT OF ANY h?Eia BE THE mliglMUM LEGISLA' . "ION (a) Recommendationof City Administrator. RESOLUTION No. 78- A RESOLUTION TRANSFERRING FUNDS FROM "HE SHARING FUND TO POLICY & nDy1NIS7RATI( rV F1NnNrCF PROGRAM (4. 3. 1) FOR THE PURPOL;r OF I I I R L �; AN r1CC0UN I'AN1'/ BOOKKEEPF;R. (a) Recommendation of City Administrator. r1 CL n c: r, 0.10 !J r} ORIGINAL J C— SUBDIVISION COMPLIANCE AGREEMENT I THIS AGREEMENT dated the _ day of � 1�'Y �k 19 7J between the CITY OF TICARD, a municipality of Oregon, hereinafter termed the "City", and &►rnum Homes, T1111 M „__P_" 0 y:_. 2 ba her �t5 hereinafter termed " %e itioner' . W I T N E S S E T H : WHEREAS, Peti.tloner has applied to the City for approval for filing :.n Washington Cc.unty, a .scbdivisioli plat known as E X O D U S _ located IN Section 3. Township 2 South, Rang 1_West, W. l l is-msLtE Meridi,,n, Washington County, Oregon: and WHEREAS, the City of Tigard Subdivision Ordinance requires the subdivider to install streets, sidewalks, street lights, storrn sewers, sanitary sewers, underground ,;`ilities and other public fazilities for the development and requires the payment of fees; and WHEREAS, the City has approved and adupted the standard specifications for Public. Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in petitioner's development are incomplete, but petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as required and completed within the time hereina 'ter set forth. NOW, THEMXORE, in consideration of the foregoing premises and the covenants and agreements Lo be k•,pt and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWo: (1) l?atitionc.r shall proceed - t th the development, with the intent and purpose to complete all public !mprovernents except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound co comply wlt . all subdivision standa. s as set forth in said Su'idivision Ordinance and the standard sl, cifications adopted by the City of Tigard, or as may be otherwise approved by the Pu'►: Ic Works Department and to use only such material. and to follow such designs as ro ►/ be required to conform thereto. (2) To ag5►►rr, compliance with the City's requirements and the provisions hereof, Patiticrer tend nr,> horewith to the City a surety bond in form approved by the City, -,;its liability in the amount of $ 19,1399.50 a copy whereof is hereto attached and by thl!, reference made a part hereof. (3) In tl-.,: . ,, nt that Petitioner shall fail, neglect or refuse to procc _ with t1-r work in an orrl, rly and progressive manner to assure completion within the time : iT.ltr, upon t, n ( l0) days' notice by the City to Petitioner and Petitioner'3 sureties, d :ch dfJa ,I t :1► rl failure to proceed continuing thereafter, the City may at its '.ptlun proceA tr, hive the workoanpleted and charge the costs thereof against Petitioner and Patitioner'm stireties and in the event same be not paid, to bring an action on the _aid bond to recover the amount thereof. In the event such action be brought, Petitioner and Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and ccsts incurred t,y the City, both in the Trial Court and Appellate Court, if any, or the City lay, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's sureties specific performance 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 sl-al1 be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if any. (4) Petitioner, concurren, with the execution hereof, has deposited with the City an amount estimated to equal ren;:al and maintenance fees with respect to the street itghting facilities within AUXIONXXXXI the subdivision, according to Portland General Electric Schedule #91, Option B, together with a further tum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ 72.12 (5) The City agrees to make and provide periodic and final inspections and in the City's judgment are necessary to assure compliance herewith, in consideration whereof th;: Petitioner has paid prescribed inspection fees. * (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the a,;ount of $ 64.60 (7) At such time as all public impr,;vements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements. Petitioner shall notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond, if not already provided with the performance bond, form approved by the City in the Sum of $--- 3.827.90 to provide for correction of any defective work or main- tenance becoming apparent or arising within one (1) year after final acceptance of the public improvements by the City. (8) Upon receipt of certification by the Department of Public Works that all requirem;:nts havt 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 maintenance 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 provisions hereof, Petitioner binds itself to conform to th? following requirements, scheL :ling and limitations: a. None of the Lots of petitioner's subdivision as above described may be occupied for resid=ntial e.urposes 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 dnd to the time that the sidewalk paralleling the street for each developed lot pro- posed to be occupied, is installed as a part of the development; provided that all sl&walks a-, r=quired by the plans and subdivision code shall be installed tiroughottt. said subdiNisiun not later than 3 years from the date of this Subdivision Improvement Contract. * Project Fee $287.09 - Sewer connection fees to be levied and paid at time of connection permit application. -2- b. All landscaping trees on that portion of each lot between the public sidewalks ird the curb (parking arta) as required, shall be planted and in place prior to final tnspectior and issuance of occupancy permit for each such lot in the subdivision. ?rovid-d that final inspection and applicant for occupancy permit occurs within any calendar month forrn October to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping trees in all areas ,hall be planted and in place within the entire subdivision within three (3) years from the daoi of this subdivision improvement contract. c. Wit'::.n one (1) year of acceptance of the public improvecr_ents the petitioner igr;:es to place a ore (1) inch asphaltic concrete Class "C" overlay on all roads wit.l in t':t devslopmknt. d. Carrtiiance wire all terms and provisions specifi d theretofor said subdivision 1 velopm=nt by the Council and the Plannin,- Commission of the City of Tigard, Oregon, i.~regard to variances allowed from the subdivision ordinance, conditions specified by the eons use classification and, also, on the approved plat (a) and plan (s). (10) Thi parties hereto hereby adopt the form of performance bond, copy whereof is `.ereto attachcd and by referet►ce made a part hereof, and petitioner agrees to cause to have said bond ex=cuted acid filed with the City concurrently with the execution of this agrtem:nt at or prior to the time this agreement is executed on behalf of the City. (11) ThP ;specific requirements of Paragraph ^ hereof shall for Lall purposes be lncljdcd as a part of the obligation secured by the aforesaid performance bond and tle City shall be entitled to recourse thereto in the event of default on the part of the Pt;titaon,!Ir with respect to any requirement thereof. IN WITNESo WHEREOF, Petitio.,er acting by and through its duly authorized tjndersi.gr_d officers pursuant to resolution of its Board of Directors has caused this agrer:.m:.nt to be executed, and the City acting pursuant to resolution of its Council adupted at a meeting thereof duly and regularly held on the a 777-- day -if _ /�'�tirc_l� , 191j has caused this agreement to be executed by ItsA-&s,dc..t Hi+,;,r and R-.ccrd;:c. C.0LA^ BARNUM HnuES, NTP By: By THE CITY OF TIGARD, OREGO By,- �R V 'J' PARTNERS) ACKNOWLEDGMENT STA'rE OF OREGON ) ss. COUNTY OF H ) on this _ q -TN_____.�_ day of 1ARrLCf4 , 19 78 , before me jersonal ly came to me T'HC`c ARCl known, and stated that lie is partneri in the firm of 13AR►JUN1 HCti1Ea partnership, and ackn)wledged that he executed the foreg.,ing instrument as the free act ar,d deed of said firm. IN TESTIMONY WHEREOF, I HAVE hereunto set my hand and affixed my official seal the day and year la vz �r {6 r, %U',, Noti-r—y Public for Oregnn My Ctimmission expires 4 1 i /'1 STATE OF ORE ) ss, County Of ) On this � day 19 , before me appeared and both to me personally known who, €ing duly sworn, did say that he, the said is the Ma r, and she, the said is the Recorder of the CITY OF TIGARD, a unicipal corporation and the said and - aknowledged the said instrument to be she free act and deed of said municipal. co . oration. IN WITNESS WHEREOF, I have hereunto set my hand ars (fixed my official seal, this the day and year in this my certificate first written, Notary Public For Orego M Commission Expires: STATE OF OREGON ) ss. Co rnty of p f, ) On this ^ day of �1 ,,. �� _ I 197�.y�, before me appear. 1 11 L:t-CLAll ( and both to me personally knoc,n who, being duly swore, did say that he, the said t tl�v�s�h� is the -Rzklsr, and she, the said is the Recorder of the CITY OF TIGARD, A municipal corporation and the said _ ALI l(-l«k� l� •,ti,_ • and a )�.,.As C� ,. aknowledged the said ` instrument to be the frte act and deed of said municipal corporation, IN WITNESS WHEREOF, I have hereunto set 7,y hand and afti.xcd rry official seal, this the day and year in this my certificate f .. t Fn Oregon .i •' � Ah• Cc�;*,isc:,n Ex�i -es: -Q 1f r IM CASH BO^;n E'SCRO'l AGS THIS I.GRrE 07, made this day of ! bet'.;�een tk!e CITY OF �'IGARD, ,�ereinafter termed the ''CIT`f" and t + x�xt ^ s� her in a '?;�r•nl�:, ���,��'. s{,.a�n.;�L� s� �.�=� , e aster termed the "PRI;i I2A��' , an'= T:�e CrF Ton Bank: Zt yard Br-anch hereinafter r termed tha 1tB�,ii-r." Assccialyon) . WIT _ ESSETH _ IeMEREAS, the Principal has heretofore executed a Subdivision. Compliance Agreement, with respect to -the development, construction and improvement of a residential s,l-bdivision .iithin the City 1:no,;m as EXODUS , a copy of said agreement together wi th a. particular leSal dcscript- ion of said lands being attached hereto and by reference made a part 1,ereof: and YMEREAS, the Principal has proposed to the City that there be entr !sted to the Bank +he sl",m Of r__L91.34Q50 as a cash per.fonnance bond to assure the City- that all requirements o said Subdivision Compliance Agreement shall be properly and -timely per_`,=_.ed and to assure that the costs thereof shall be timely paid and all requirements thereof met; and ;-TERLAS, the Bank has a reed to take title to and hold in a trust capacity the sura of r 19 13(1. 50 and hcrcby ackno;;ledGes custody thiere� to be-Field pursuant to the terms and provisions of said Subdivision Compliance A rrement as hereto attached, and 11; is desired hereby to set forth and define the conditions applicable to said bond. Nord, T:�REFORE, if the Principal shall faithfully observe and timely comply %.kith all requirements of said Subdivision Compliccuzce A,,reement and all. ordinances and :eCulations applicable to said sub- division, and if the .Principal shall -.,!ell End truly perform all matters and things undertaken thereby and hereby to be performed ar.d shall promptly make payment to all persons supplyin , labor or material for any prosecution of the ti•,ork, and if tt-e Principal shall not permit any lien or claim to be filed or prosecuted aga;_nst the City on account of any labor or material furnished, and if the Principal shall promptly i.ay all contributions or amoi_zts due the State :Industrial Accident Fund and the State Unemployment Compensation F�zid, and shall promptly as due make payment to the person, co--partnership, as ;o-„iatien or corporal;on ent-L fled thereto of the m3nies mentioned in Chapters 27).320 and 279. 510 O.R.S. and shall promptly comply with all withholdin and payment requirements of Chapters 316.1c2 to 316.212 O.R.S. !•pith respect to the collection of faxes at source, then upon full completion of all woric and the furnishing of evidonce satisfactory to the City that all roquirements rereof have been fulfilled, and if the Principal shall e:,:ecute and deliver to the City the iiaintenance Bond described in said Su odivisir�n Compliance A;-reement, then the Dan% shall thereupon release to the Frincipal the said cas'1 bond deposit: PROVIDI-ED, h-)wever, that the obli;ations hereof shall not; apply to any money loaned or advanced to the _'rincipal or t,) any subcontractor it 2 - Cash Bond Es 10 AE-:reement or other person in the performance of any such work %:,hether specifically provided for by contract or otieniise. IF, however, the Principal shall fail to literally comply with all requirements of said Subdivision. Compliance k-reerent and all the reauirements hereof, or shall in any particular perform the work Li a defective manner, upon 10 days notice by the City to the Principal and such default or failure continuing thereafter, the Citta is hereby aut'-prized to have said work performed or the requirements of the Subdivision Compliance Agreement brcu,;ht into c,)nformity 1•,rith the terns thereof and :•rith the Ci tv's ordinances and re.-- ulations, and the City shall be, and it is hereby, authoriz d to charge the sai_:e a;ainst the entrt,sted cash deposit and the Bank agrees to pay therefrom all amounts certified by the City to be chargeable thereto. Pdothinj herein con- tained shall be construed to constitute acceptai-ice by the City of any responsibility for maintenance of the improv .meats nor shall the Citi, by reason thereof become obli;;ated to any person or property o:,rner fc.11. an,,, icz; or damage arising by' reason of 'the mann,3f iz, �-iY?icil said improvements were constructed. Further, the City be, and it is hereby, authorized in addition to the fore,_uing, in the event of such d.efa,..ilt on the _part of the Principal to charge against said funds all costs incurred by '(.Le City incl,,adinr; Attorney:s fees in exactinY- coilpliance there,;ri t'l. or here,„ith, and the Ba].c a,_:rees to disburse said funds for said purposes upon certification thereof by the City. Upon fulfillment of the fore�:oi n in accordance with the terms and provisic .s hereof, the City a;rees to furnish a certificate o' release of said deposit or such portions thereof as shall remain after fulfill- ment of the reauirements hereof. IN !JITNEESS 6THEREOF, the City under authority of resolution of its Cit-.r Council has caused this agreement to be executed by its Nayor and City Recorder, and the Principal and the Bank have affixed their corporate signatures on the day a-nd year first hereinabove ,,mitten. CITY: CITY of TIG OMEGON By: r eco-r(:er / Co ale -- Cash Bond Es j-.i A-reement PRI- CIPAL: BARNUM HOMES (A Partnership) ship) Attached Corporate By: a� ent, here. J (•>�a,) i 71 BAIT!' (AW-7<,C I.� _ i� TC o':;GOi; 3:�1K iLard 3ranch State of Oreaon ) ss. County of Washington 1,-- tarry A_ [Tani , a Notary Public, in and for, and residing in the County, in the State aforesaid, UO HEREBY CEFIFY, that *(referpnr bpjw personall; known to me to be the same person/Apse name is su:nscribelhtoy the foregoing instr,anent apprared before me this dipiin personA and acknowledged that hl signed, sealed and delivered the said instrument as .2 free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal,this__8th )day of March 9 78. *Cecil W. Tibbetts, Kim Okelberry, and _---- �G. Larry Barnum as partners of Barnum Homes Notanv Pubiic for Oregon. COM 225 9/62 Nip Commission expires: 8-27-1980 1 Pee S Cu Rem .� � co (-,j*CY 0 'iIGIARD COMPUTATION SHEET 70JECT NAME— (I) PROJECT AME - �--'� - - PROJECT NO. - (I) PROJECT FEE (City ord• 68-48, Sec. 10, Par.°A°): I'1 131,50 a)Total estimated Improvement cost . , ... ---+--- b) Less son. sewer est const cost. .... .. .. Adjusted improvement cost.......... . $!_,rleubtatal) $7 c°► c) .015 X il( '.,_.r , . . . . . . , . . . . . . . � 2 - .... sublotol (2) SEWER FEE (U.S.A. res. 70-12,Sec.9, Par. 13"): a)Sewer plan check fee IN inspection fee , 1) f; 10.00 x N,Q. Cori ;no, of lots) 2) 100.00 min. L7 . .. . .. .. . . .11 1 b) Permit fee 8 connection charge paid. . :. :. c) Sewer district contract surcharge paid (district nam* (3) STREET LIGHTING FEE : a) P.G.E. lighting schedule no. I b) Mthly rate option. ...... , no. type of!Ighf lMen$ - i__ .% x (mthly rate) (no of lights) type of pole awpapli -------- (mt iy rote) (no of lights) Gam' lyr. = 12mth's (subtotal) _- ALL, I 2 yr. 2 4 m t h's �,suhictul)X(no.�of mthel3 T '_ (4) SIGN FEE (item Ninstollation) (per sign) (no of sign) STOP -- X - _ --- — REST RiCT, OCCUPANCY - - STREET SIGN '�-- COMB STOP/ST.14AM E �' - -X Z ..--- NO PARKING ;1 =- --X -'^' ♦♦` -- ---x mleal typiT � X 'misel. type) ' �..... . . . .. . . . I�'`�' RECEIPT NO 7 �/ GATE PAID rheCk l7 S R A N D TOTAL t ,ru-sancw�rer..+e1 cash M money order C7 *Insert: sewer,street,ur J ..w.utl.aaurw+r�w.'.Y.•.e.r+:-,+WM�►^i+w r.+."........•wi�wr+....o+----.._.-.._ 1 ! .tem. PjU IL bINC� IDD '' I �yS NI DW L40 -3(n� —_ !.i�ir_�7y__ t''''!�`- I•! tiA --ADr,LL 7_ ! I 1 n �.tT• ,i r. Avoid Verbal Messages A-I CITY OF TIGARD To:-- From: _t subject, F -Date: -7 0. ............. TP e �A I I r ,il •�� ca I F• ''� 111` i �n LJ to re r I1,'- QTc_ � T I I e J �♦ - •J 4w R lV ,I .� � I �1 � � 1 I lir l J w trP LJ t :al = 71 cj vi AJ L1 � Q Ul rr;tF'F REPORT ,tGF•NDA 5 .7 ^'IGARD PLANNING COMMISSI0N biarch 15, 1977 Page 3 C. To permit densities that will economically support the cost of necessary public services and faci.l.i.ties such as paved streets, pedestrian ways and utilities . D. To permit a variety of housing types to he compatibly situated in the neighborhood in order to meet the needs of different family sizes and incomes . Policy 25. When land is developed and includes a designated bicycle path route, easements should be granted to the City. In cases where development increases the need for the path, construe^tion should also be required. Policy 26. The consturction of pedestrian/bi.cyl.ce paths ie of the highest priority among needed public improvements in the neighborhood and should be accomplished prior to, or in conjunction with, improvements to the street system. Policy 27. Any development along stream channels for recreational purposes should not disturb existing trees. In places Where trees are absent , some should be planted. The greenways are not suited for intensive recreational c!evelop- ment and should be restricted to an all.-weather path and passive areas for reFiting, picni.cing and related activities. This proposal conforms to these policies and objectives in that it is a large lot single family subdivision with a bike path . Con- cern does arise though as to the proposed bike pat}- location which is proposed for the most environmentally sensitive area. An alter.- native would be to utilize a portion of S .W. Fai.r.ha�r-n Place as the pathway. No mention has been made as to the retention of vegetation along the creek way. A minimum greenway easement of 25 ' from center line of the creek would assure its retention as a natural Area. S. Section 17. 28. 130 of the Tigard Municipal Code requires a maximum local street grade of 12%. In order to meet this .111 requirement, this filling will be necessary in the area where �1•Z� •01 S .W. Fairhaven Street crosses the creek yet no fill profiles , w ,� 4-4.jave been submitted. Due to the unusual site conditions and the length of the cul - de-sac (255 ' serving only 5 lots) a reduction in the right-0 La and ave s rohi ted d •� n-�'� an l T c M� s and utilit e• . e e - Q r vat property . AI t.11 the same conditions exist for the roma n er aN.''"&\ Fairhaven Place it will eventually be a through street .� "`� \ch warrants maintaining the local street standards of 50 ' - !MINUTES T'T,GARD PLANNING COMM ` ,.larch 15 , 1977 Page 7 5. 7 SUBDIVISION S-13-76 ( i't'lTztwa.� NPO A request by Barnum Ho c . to create a eight lot residential sub on with a minimum size of 10,000 sq. ft . at S . 1rhaven Street . (Wash. Co . Tax Map 2S1 3DC, Tax . 00) . EXODV S 5 . 8 VARIANCE V-3-77 NPO III A request by Harris-McMonagle Assoc. for a variance to cul- de-sac property line radius and paving as stated in Section 17. 28 . 040 for S .W. Fairhaven Place. (Wash . Co . Tax Map . 2S1 3DC, Tax Lot 700) . A . Staff Report : Read by Daniels B. Applicant 's Presentation : Bill McNIonagle, McMonagle-Harris and Assoc. , stated that previous surrounding developments have created problems for the land and that developing the land would be in- filling which should be encouraged . He also stated that 4 fill and trees would be added to the greenway . o Roy Barnum, developer, sated that the property was difficult and therefore custom homes would be,' utilized but objected to recommendation r4 for safety reasons . C. Public Testimony : In favor: Mrs . J. Webb, owner, recommended r4 be dropped . In apposition : Jean Halverson asked that the oak tree on the site be preserved , stated that lot #1 had severe drainage problems, that children would be crossing the property inevitably , and that the springs would be a building problem. Dallas Knight , Marilyn Henderson , Lenora. VanClefe expressed concern over drainage and greenway . D. Staff Recommendation : Staff recommehds ap}:roval with the following conditions : 1 . A street tree program be submitted for staff approval . 2)4- A gradin and drainage plan for the entire subdivision mi nirni zing adverse env ronmental impacts ke su )nd tied with the final plat The drainage plan should identify ( existing springs on the site and how they will d=rain into the creek . 3. A 101� standard city bike path be provided from the south edge of 10t 7 to the cul-de-sac and on the east side of Fairhaven Place . ,1 I Mlv!\lt\ ) I.VIn g1VVi V1\ March 15, 1077 Page 8 4 . A 10 , pedestrian easement and path be provided between lots 3 and 4 to provide a connection between Fairhaven Street . 5. A 25' greenway easement &long the creek be dedicated to the City of Tigard subject to staff approval . 6. Landscape plan for tae greenway be submitted subject to staff approval . Variance Recommendation : Staff recommends approval of *he requested variances for the cul-de-sac portion of S .W . Fairhaven, Place with the condition that on-street parking be prohibited on the east side of S.Y . Fairhaven Place. o McMonagle stated that when the stream bed is cleared drainage will be improved, that any springs should be drained to the stream. E. Commission Discussion: ( o Moore suggested that elevated , informal stairs be used to solve the grade problems for the pedestrian Path . o Tepedino expressed concern over drainage, fill , and potential flooding problems. Sakatu moved and Moore seconded for approval based on staff findings with conditions 1 , 2 (add water retention system with staff approval ) , 3-6. o Nicoli asked if a water retention system is possible. o McM()nagle stated it was possible but that water reten- tion was not needed on the site. The motion failed in a 3 to 3 voice vote. Tepedino moved' and Wood seconded to approve based on staff findings with staff recommendation dc-Ir ting T4 . The motion passed in a 4 to 2 voice vote with Sakata and Moore dissenting. Variance: o Moore moved and Tepedino seconded for approval of the variance based on staff findings and with the staff recommendations. The motion was passed by unanimous voice vote . Avoid Verbal Messages A-1 CITY OF TIGARD To f �^ F ,,,, c EXGbLs From Subject: -57ktI,��e,, Uate ,c4 �,.. s•� rn o 1� st e.�.t�,'t �.��..f� a �, v.o I�.� � f e. SwbJV, 1t SE l� +Kr. c gp- ti C -�-�wn. I.a 4L e b.b. r K L.K . I I r L I f r /Crt1c 4skeN.,� 5 ► 1KO 1ilS+� T � VIt fO �j� ICVI � Jg7�v�6� J J �✓ �evC-l0{Jt1. � (' r y+r' O p$- it! Ctit i 1 S t Y� c �C� G"+•t c� � u �I 4cce 7 �`/ "7"�.fv-tcuf• lk`� SI�n�C 'SI.. cK �t.y/�Eu_�F�bit r.-V�cld 6 SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the day of 19 between ,he CITY OF1 TICARD, a munici ality of Oregon, hereinafter termed the "City", and hereinafter to ed Petitioner". W I T N E S S E T H : WHEREAS, Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as Located �-T J� ,, C.IJc��� -- _ 'Ori Williamette Meridian, Washington County, Oregon; and WHEREAS, the City of Tigard Subdivision Ordinance requires the subdivider to install streets, sidewalks, street lights, storm sewers, sanitary sewers, underground itilities and other public facilities for the development and requires the payment of fees; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sEwers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in petitioner's development are incomplete, but petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be tnstal.led as required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks and street trees of said subdivision rot later than two (2) years from the date of this agreement, and Petitioner is hereby ound to comply with all subdivision standards as set forth in said Subdivision Ordinance +nd the standard specifications adopted by the City of Tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow Ouch designs as may be required to conform thereto. (2) To assure compliance with the City's requirements and the provisions hereof, ' 1.itioner tenders herewith to the city a surety bond in form approved by the City, 01 liability In the amount of $ ; � , 1 '_'x`1 , a copy whereof is hereto attached and by this reference madea part'hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an derly and progressive manner to assure completion within the time li-nits, upon ten (10) days' notice by the City to Petitioner and Petitioner's sureties, ?id much default and failure to proceed continuing thereafter, the City may at its option proceed to have the workermpleted and charge the costs thereof against Petitioner ynd Petitioner's sureties and in the event same be not paid, to bring an action on the M - -aid bond to recover the amount thereof. In the event, such action be brought, Petitioner nd Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reason;`• ;-.: as attorney's fees and costs Incurred by the City, both in the Trial Court and Appellate Court, if any, or the City -ay, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's Lret.ies specific performance of the contract and compliance with the subdivision -tandards 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 fees and costs, both in the Trial Court and Appellate Court, if any. (4) Petitioner, concurrent with the execution hereof, has deposited with the City in amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within Mf the subdivision, according to Portland General Electric Schedule #91, Option B, together with a further sum equal to the estimated cost of providing Electrical energy to energize the street lighting facilities for a period .;f two (2) years from the date of initial energizing of said lights. Said amount ging $ 7Z , ? (5) The City agrees to make and provide periodic and final inspections and in the City's judgment are necessary to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspection `ees. (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of $ (�4-- (7) At such time as all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements. Petitioner shall notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Petitioner will submit to the City a good and sufficient maintenance bond, J not already provided with the performance bond, form approved by the City in the sum of $ _ -Z•'1, cl C to provide for correction of any defective work or main- trnance becom1n5 apparent or arising within one (1) year after final acceptance of the public improvements by the City. (8) Up,•n receipt of certification by the Department of Public. Works that all requirem:nt.s 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 dc,ficiencies and maintenance for a period of one year as hereinabove set forth. (9) That in addition to or supplementary of the cequirements of the City's S, hdtvlsion Ordinance and the provisions hereof, Petitioner binds itself to conform to tho following requirements, scheduling and limitations: a. None of the Lots of petitioner's subdivision a3 above described may be occupied for rF:aidenttal. purposes 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 .end to the time that the sidewalk paralleling the street for each developed lot pro- posed to be occupied, is installed as a part of the development; provided that all ?Ide.walk..9 as required by the plans and subdivision code shall be. installed throughout said subdivision not later than 3 ears from the date of this Subdivision Improvement Contract. �'c SCi,�.,'e►- co�, vt�c'itdv+ CNe' S it Q? C C•h N C c't 1 bK b t.-r-�^-�� r �I P I���T I C*-� � b. All landscaping trees on that portion of tach lot between the public sidewalks end the curb (parking area) as required, shall he planted and in place prior to final Inspection and issuance of occupancy permit for each such lot in the subdivision. Provided that final inspection and applicant for occupancy permit occurs within any calendar month for- 0r;tober to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping trees in all areas ,hall he planted and in place within the Entire subdivision within three (3) years from the datF of this subdivision improvement contract. c. WW, .n ona (1) year of acceptance of the public improvemerits the petitioner agrees to place a one (1) inch asphaltic concrete Class "C" overlay on all roads aithi.n the devc.lopment. d. Compliance with all terms and provisions specified theretofor said subdivision J,.;velopment by the Council and the Planning Commission of the City of Tigard, Oregon, ",rrgxrd to variances allowed from the subdivision ordinance, conditions specified by the rune use classification and, also, on the approved plat (s) and plan (s). (10) The; partit.� hereto hereby adopt the form of performance. bond, cop whereof is -,re.to attachE.d and by reference made a part hereof, and petitioner agr(-es to cause t�., have: said bond exzcuted and filed with the Cicy concurrently with the execut'on of this agre=ement at or prior to the time this agreement is execut-:d on behalf of the City. (11) The :ipecific requirements of Paragraph 9 hereof shall for all purposes ,)e Incladed as a part of the obligation se(ured by the aforesaid performance bond and the City shall be entitled to recourse thereto ire the event of default on the part of the Petitfoner with respect to an.., requirement thF-rehf. IN WITNESS WHEREOF, P�titionur acting by and through Its duly authorized )ndersigned officers pursuant to resolution of its Board of Directors has caused tFis agreemF.nt to be executed, and the City acting pursuant to resolution of its Ccuncil adupted at a meeting thece.of duly and regularly held on the day .f , 19 has caused this a.:reEment to be executed by its Mayor and R-cor&!r. 159'RUw'A By: By: THE CITY OF T1r,ARD, OREGON Bye M=t1rur By Re(or& r CASH BOND r SCR , Ac I.::;;. :. ��r THLS AGREFMVT, made this day* o , 19 , be the CITY OF TIGARD, hereinafter termed -the "CI ", anc`— r and s 1"6o ti , L. el,. ,.�lrtA, hereinafter termed the "PRINCIPAL", hereinafter termed t o "BAITi" Association W I T N E S S E T H '4MEREAS, the Principal has heretofore executed a Subdivision Compliance Agreement, with respect to the development, construction and improvement of a residential subdivision within the City kno,,,rn as c~l.'_`" _, a copy of said agreement together w�a particular legal esar�pton of said lands being attached hereto and by reference made a part hereof: and tTHEREAS, the Principal has proposed to the City that there be entr>>sted to the Bank the slim of ti' 19b\ 19 , SO as a cash performance bond to assure the City that all requirements o .. said Subdivision Compliance Agreement shall be properly and -timely performed and to assure that the costs thereof shall be timely paid and all requirements thereof inet; and '.T=-AS, the Bank has agreed to take title to and hold in a trust capacity the sum of " I°► , r39 C and hereby acknowledr;es custody ie"r`6of to e held p ursuanta the terms and provisions of said Subdivision. Compliance Agreement as hereto attached, and it is desired hereby to sit forth and define the conditions applicable to said bond. grow, THEREFORE, if the Principal shall faithfully observe and timely comply with all req,iirements of said Subdivision Compliance Agreement and all. ordinances and reg-alations applicable to said sub- division, and if the Principal shall well and truly perform all matters and thin?s undertaken thereby and hereby to be performed and shall promptly make payment to all persons supplying; labor or material for any prosecution of the work, and if the Principal shall. not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished, and if the Principal shall promptly pay all contribu+ions or amounts due the State Industrial Accideric Fund and the State Jnemployment Compensation Fund, and stiall promptly as due make payment to tha person, co-r,artnership, association or corporation entitled thereto of the minies mentioned in Chapters 279. 320 and 279..17.10 O.R.S. and shall promptly comply with all withholding; and payment requirements of Chapters 316.162 to 316.212 O.R.S. with respect to the collection of taxes at soiirce, then upon full completion of all work and the furnishing of evidence satisfactory to the City that all requirements hereof have been fulfilled, and if the Principal shall execute and deliver to the City the Maintenance Bond described in said Subdivision Compliance A,-reement, then the Bank shall thereupon release to the Principal the said cash bond deposit: PROVIDED, however, that the obli�-,ations hereof shall not apply to any money loaned or advanced to the Principal or to any subcontractor Page 2 - Cash Bond Esd�,ow Agreement or other person in the perforn,�ince of any s-,11ch work ,.,het.her spec._iically provided for by contract or othengise. IF, however, the Principal shall fail to literally comply ,lith all requirements of said Subdivision Complianc:a Agreement and all the requirements hereof, or shall in any pa;:•ticular perform the work in a defective manner, upon 10 days notice by the City to the Principal and such default or failure continuing thereafter, the City is hereby authorized to have said trork performed or the requirements of the Subdivision Compliance Agreement brought into conformity with the terms thereof and with the City 's ord'nances and regulations, and the City shall tie, and it is hereby, authori%ed to charge the game against the entrusted cash deposit and the Dank agrees to pay therefrom all amounts certified by the City to be chargeable thereto. IJothing, herein con- tained shall be construed to constitute acceptance by the City of any responsibility for maintenance of the improvements nor shall the City by reason thereof become obli;7ated to any person or property owner for any loss or damage arising by reason of the manner in which said improvements were constructed. Further, the City be, and it is hereby, authorized in addition to the foregoing, in the event of such default on the part of the Principal to char,-:e against said funds all costs incurred by -the City incladin„ Attorney's fees in e::actin,r coilpl.iance therewith or hem-rith, and the Bank agrees to disburse said funds for said purposes upon certification thereof by the City. Upon fulfillment of the foreGoing in accordance with the terms and provisions hereof, the Cit-; agrees to furnish a certificate of. release of said deposit or such portions thereof as shall remain after fulfill- ment of the requirements hereof. IP1 '.JITITESS tMEREOF, the City u:- ai_ithe yty of resolution of its Cit, C'uuncil has caused this agreementi to be executed by its Mayor and City Recorder, and the Principal and the hank have affixed their corporate signatures on the day and year first hereinabove written. CITY: CITY OF TIGARD, OREGON By: Mayor ...�.w_._. ecor er �e s w a a -ALM-KMLM-1,m Pa;.e J - Cash Bond Escro-r Arl-reement PRIIICIPAL: _ r �� K l 14c S %LNC , (Attached Corporate Acl-i-owled,�ment, here, ) sec, c3� JklK (ASSOCIATION) : BY HARRIS-MCMONAC3LE ASSOCIATES ■xotrrr.ew�.svw�srowN WOS W.COMMRRCIAF.STREL"r TIGARD,OREGON 97223 TULtPwON■ (50W 634-3+63 PROJECT: Exodus TITLE: Preliminary Cost Estimate Page 2 November 18, 1977 UNIT UNIT ITEM DESCRIPTION MEASURE COST TOTAL STREETS 1 . General site preparation along creek lump sum 2,000.00 2. Excavation & embankment to creek 800 C.Y. 3.50 2,800.00 ✓� 3. 6" 1 1/2"(-) base rock 421 ton 5.00 2,105.00 4. 2" 3/4" (-) leveling course 147 ton 5.00 735.00 5. 2" Type "C" asphaltic concrete 149 ton 18.00 2,682.00 6. 16" standard curb 212 l .f, 2.50 530.00 7. 8' wide 4" AC Bike path 100 ton 34.00 3,400.00 ----- 8. 5' wide concrete sidewalks 1060 s .f. 0.75 795.00 9. Street light 1 ea. 550.00 550.00 Total Streets . . . . . . . . . . . . . . . $15,597.00 STORM DRAINAGE 1 . 10" C.A.P. in place 410 l .f. 6.00 2,460.00 2. Inlets 2 ea. 260.00 520.00 3. Junction box solid cover 1 ea. 260.00 260.00 4. Rock backfill 55 c.y. 5.50 302._50 Total Storm Drainage . . . . . . . . . . . . $3,542.50 11 LMS wNi CN cout-U SE RU-E.ksED 1F COo1.)m- WTNOR.`ZL'-S F-L%"Wk'T%0Q OF WALK TNT" , T1ARRI,1-MC11 0%NAGi..r: ., SSOCI..TFH ■MOINFICED.ry RYSsuxw SOM S.W.COMMPCRCIAL NTRREk TIOARD,CIRMOOM 9"28 Tu.nrnor#m (BOW 6:16-3463 PROJECT : Exodus TITLE: Preliminary Cost Estimate Page 3 November- 8, 1977 UNIT UNIT ITEM \ DESCRIPTION MEASURE COST TOTAL SANITARY SEWER 1 . 6" C.S.P. laterals 80 l .f. 7.50 600.00 2. yowler ta- existing sewer _` , 5 ea. 175.00 815.00 3. Pipe zone rock �, 80 1J. 'i .75 140.00 4. Trench compaction Lot 1 40 1.f. 1 .50 60.00 Total Sanitary Sewer \. .� ,\ $1 ,675.00 1 I , kLA l �� 51 ` e �.P_!-v lc E c ay.✓ E!c.tC�'1 1 C{ r L.INk II 597, 00 for 54z.sv o I �> i P s o w ot r" .lz� j . ... -.. I FIELD BOX 1'iZf C.ED; 1�-E=C HA--,RI(4 - MO:VIONA(i1.P; ANflOt;IATE13 11 - 3 " 77 *+warwsiwn._w��nrow 4900 N.w. 00MUIIRCIAI, •TRMVI • ' TW ARD, ORMSO r A9Omg HARRIS - MCMONAGLE A' MATES LFEU U 8905 S.W. Commercial Street TIGARD, OREGON 97223 FATEN E JOE NO (50;3) 639.3453 r 7 7 N Rr Mn, I I — - r -- GENTLEMEN. C,I_L�- __ 1 , ate=f _ _ WE ARE SENDING YOU Attached i Under separate cover via the following items: f Shop drawings J Prints I Plans ❑ Samples ❑ Specifications CI Copy of letter Change order COPIES _—DATE N0._ OFgGRIPTION ee° - - -- S>'0vr�r THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit-_ copies for approval ❑ For your use ❑ Approvv.l as noted ❑ Submit__-copies for distribution ❑ As requested ❑ Returned for corrections [ Return corrected prints ❑ For review and comment O Cl FOR BIDS DIJE _!9 PRINTS RETURNED AFTER LOAN TC US REMARKS—__ -_ CITY OF _TJQARD_____ COPY 1 O^---—--- - -- - -- SIGNEU� "J.—i«. ,..two r.. 1f enclosures are not as noted, kindly notify us ei onre. a,err�.s..r. W ees elm !, HARRIS - McMIONAGLE A' ?CIATES L FE TT lui ©GF UM�2a RSA rUZZRL 8905 S.W. Commercial Street TIGARD, OREGON 97223 DATEJOB NO. Z-�� -- (503) 639-3453 -------------------- ATTENTION RE d-lze ye -- - _5 . mss - GENTLEMEN: _- - ------ --- WE ARE SENDING YOU Attached Under separate cover via ______-_- the following items: I Shop drawings Prints Plans C Samples I-I Specifications C7 Copy of letter Cl Change order COPIES DATE NO. DESCRIPTION r c• rp LI-- — _. -----__. ------ 11 --- OF- � - - THESE ARE TRANSMITTLD as checked below: For approval L Approved as submitted ❑ Resubmit_ __.copies for approval ❑ For your use U Approved as noted ❑ Submit _- copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return-__ corrected prints ❑ For review and comment ❑ - ❑ FOR BIDS DUE19 PRINTS RETURNED AFYER LOAN TO US REMARKS �S e, e- /S /7 Grc'Sc" �•. 7i ��v� Y -�c1Gc:cam.^'--._-fi% 7t_ Gr7/7/G'G /0' L/'h 5 1O i2 �i/:� E'er_ ��<5 C_,GQ���/7S .r/C el _!_B COPY TO-- _ _ r -- -- SIGNFD: If enclosures ere not as noted, kindly notify iie at once. _0�,r,C) DEPARTMENT OF COMMIC c REAL ESTATE DIVISION COMMERCE BUILDING • SALEM, OREGON • 97310 • Phone (503) 378-4170 ROBERT W. STRAUB GOVCRNOR TO: Oregon Real Estate Commissioner RE: PURSUANT TO URS 92. 100, AND ORS Subdivision Section 92.o44 (1 ) (e) ; AND IN ACCORDANCE Commerce Building wnp. OI; 91 . 160• 158 12th Street N. E. Salem, Oregon 97310 FROM: City of Tigard`___ Washington ,County, received this governing body] 31st day of August 19 77 by John Laws, Associate Plnr . tit 1 e Name of Subdivision, arrtitioning, or Con- dom inium:_Fairhaven Valley Estates Section: 313C Township: 1 Range:_ 2S_ D.L.C. No. of lots/parcels/interests/units:_ 5 _No. of Acres: 3 .09 Name of Subdivider or Developer: BarnUrn Homes. Ine.� _ (lame of Owner of Record: Joel. S. Webe _ Address(es) and Phone numbers: 3904 S.E. C1 inton Portland, Oregon 233-3878 YES NO YES NO SEWERS (a) ( _) SEPT I C TANKS ( ) (rX ) DOMESTIC WATER SYSTEM (_x ( ) INDIVIDUAL WELLS DEDICATED PAVED STREETS ( X) ( CURBS b GUIIERS (-) 9 l - .I CiT'l' CJS TIGARD P. 0. Box 23557 12420 S. W. Main Tigard, Oregon 97223 August 21, 1977 ��' y . 19i, CI T y OF j�G Barnum Homes 17280 S.W. Agusta Lane ti Aloha, Oregon 97006 s� Ke : Subdivision S 13-76 � Attention : Cecil Tibbitts Please be advised that on August 31, 1977 your application for pre- liminary plat approval to create a five lot subdivision with a 10, 000 square foot lot size on a 3.09 acre parcel. at S .W. Fairhaven Street , west of S .N. 110th Avenue (Wash. Co. Tax Map 2S1 3DC, Tax Lot 700; was approved by the City of Tigard Planning Director. This approval is subject to the following conditions: I. foot lot line utilityeasements be provided so as to allow sewer connection by those resiuences to the west. 1¢`a, 2. An eight foot wide asphaltic-concrete pedestrian--bicycle path be constructed from the north to the south plat boundary along the following ro uCe : Beginning at the north plat boundary the path will join up with the Genesis subdivision path on a 30 foot wide easement and extend south to the boundary between Lots 1 and 2 ; at this point it will curve westward along a 15 foot easement c lbetween Lots 1 and 2 and connect with the cul-de-sac bulb on airhaven Street ; from this point the path will extend south on 1"' the 30 foot access easement to Lots 2, 3, 4, and 5 and use the ,fyfly same paved surface. At the terminus of the 30 foot access ease- ment, a 15 foot easement will extend across Lot 5 to the southern plat boundary. Bikeway construction specifications shall be sub- ject to Public Works approval . 3. The driveway for Lot 5 be constructed so as to save the existing oak tree on the west side of Lot 3. 4 . The location of known springs be identified and a drainage plan for handling this and any other surface or near surface. water run-off be submitted with the subdivision construction drawings . 5. A street light be installed at the cul-de-sac terminus. i Barnum Homes August 31, 1977 Page 2 G . A 20 foot wade storm water easement be provided adjacent the eastern plat boundary to assure protection of the open drainage- way, pursuant to Tigard Municipal Code 17.32 .030(b) . If we can be of further assistance, please do not hesitate to contact me at this office. Sincerely, 9hn Ctw s Laws JL/jh Associate Planner Enclosures (3) Note : The following acknowledgment must; be received by the City of. Tigard within fourteen (14) days of your receipt of this let- ter. Failure to return this acknowledgment may result in ac- tion by the City of Tigard. I hereby acknowledge this letter documenting the action of the Tigard Planning Director. I have received and read this letter, and I agree to the decision here documented and to abide by any terms and/or con- ditions attached. Signatu a Dat Please be advised that conditions subject to staff approval must be satisfied prior to issuance of building permits . 1 - _ f PRELIMINARY PLAT FAI RHAVEN VALLEY ESTATES LOCATED IN THF S.W. 1/4 SE. 1/4 SECTION 3,T2S, RIW, WM. CITY OF TIGARD, WASHINGTON COUNTY, OREGON OWNER ✓�� � ',. JOEL S• WEBE t �ti�jr�5 rt- 3904 S.E. CLINTON �) I �y��'l1 PORTLAND, OREGON 97202 I dt- DEVELOPER HARNUM HOMES INC. 17280 S.W. AGUSTA LN. — ALOHA , OREGON 97005 a f ENGINEER- SURVEYOR HARRIS- McMONAGLE ASSOCIATES - 8905 S.W. COMMERCIAL ' TIGARD, OREGON 97225cl3 On NOTES th I. 'II'4I11JM LCT SIZE 5.=a.L BE10030 S].FT, le 7.. ALL FRONT AND REAR LOT LI'IES TO HAVE A IO'ESMT. SIDE LOT LINES TO "AVE 4 5' MIT. FOR DRAINAGE AND UTILITIES. 3 CI"I ')F TI-1AP,D/U.S.A. SAN. SE'JEP IS AVAILABLE TO THE TRACT, y ' D' 'ESTIC WATE" 'JILL 3E 'z_'?PLIED BY T"E TI.:ARD WATER. DISTRICT. S. 10' BIKE PATH ESt' . TO CITY OF TIGARD AS SHOWN, i 6. COUNTOUkS - CITY ^F I"APD - U.S.C.A?.S. DATU". 7. S.W. PA.IP.HAVEN ST. 'SILL BE IT)R9JED CPO" S.W. 110th AVE. INTC _11iCS.CITE AS SlJoWN. ICE P.EJUE 1. C"'L-DE-SAC W. 7EOTY LINE r.AC'! "^ �BE37P' �WITH !E 1)AYING RADIUS'To r 1_ SIT13DIVISION S 13-76 Page 2 The site is also transversed by a small creek along the eastern edge of the site. B. Situation: The site is surrounded by single family residences, with a recently approved 96 lot subdivision on a heavily wooded parcel to the north. The creek portion of the site .is shown to be included in the greenway system, as depicted on NP III . This can be realized by a 25 foot easement from the center line of the creek and the construction of a standard bicycle/pedestrian path along its entirety. C. Public Facilities: S.W. Fairhaven Street (west) is fully improved to City stand- ards. The applicant is proposing to add a 36 foot radius cul-de-:qac at its presrnt terminus. This creates a 550 foot cul-de-sac., which is prohibited by the Subdivision Code, but itF extvrsion is also prohibited by the NP III . In light of this Cvnilict and considr-rind tle constraints of th e minimal right-of-way, caseilients will be required for side- S.W. Fairhaven Street (east) is undeveloped at this time. The applicant is proposing to extend the right-of-way to the north bnuudary. This will assist the srtt,isfaction of the conditions for approval of the adjacent. subdivision. The BSact lcrcntion is not known at this time, and coordination with that developer is necessary. A six inch water line croP.ses the property in an past-west direction sand is adequate to service the property. A sewer main line exists along the creek, through the site, of adequate capacity to serve the proposed development. The adjacent parcels to the west are on septic tanks. which are having dtificulty functioning properly. A 15 foot easement between Lt,ts 1 and 2 will pro% ide sewvc-r accessibility. 111 . CONCLUSIONARY YIND1!SGS: 1. -ith the allachi-jr-nt or conditions the proposed preliminary plat Confl.11-ms to the NP III in that. it is in keeping with the ubp.vactr r of the surrounding r;roa rand at a much lower ala-nOtr tLlan nd;jrcont �ubuivisiuns. t HARRIS-MCMONAOI.F ASSOCIATES e009 N.W.CONINMHCIAL STREET TIO AND.OREGON 07229 TELEP111—(603)940.3499 February 3, 1977 Mr. Dick Bolen City of Tigard 12420 S. W. Main St. Tigard, Oregon 97223 Re: Fairhaven 1-states Variance Request Dear Mr. Bolen: Pursuant to the variance to Section 17.48.020 of the City of 'ligard Subdivision Ordnance the following is submitted in support of this variance request. 1. Special circumstances exist relative to this site because at the time Vir- ginia Acres #2 was platted and improved, the relationship between the topo- graphy of the subject site and Virginia Acres #2 was ignored. Therefor the vertical alignment of S. W. Fairhaven St. left the subject site with an access problem for either a cul-de-sac or extension of S. W. Fairhaven St.. It appears a street extension was intended, but this is not prac- tical from a design or construction standpoint. The development of the subdivision of Fairhaven Court provided S. W. Fair• haven St. as a dedicated way. However, the street was never improved to the plat boundary. From a street grade standpoint the most desirable access is from Fairhaven Court. However, an improvement is required in the existing right-of-way. Because of the past development adjacent to this site, these problems were created. Due to the present land use policies of development within the urban containment boundaries, many of these type of left-over parcels are now being fitted into the overall development scheme. 2. The variances as requested which will allow construction of the proposed improvement are the minimum required for the preservation and protection of a property right to solve problems created by others and to solve the un- sightly mess of a general dumping area of S. W. Fairhaven St. by construction of the proposed improvements. 3. The public health will be served by eliminat*on of standing water and places for rodents and insects to habitate. The public safety aspect will be served in that the proposed cul-de-sac paved radius will be 36 feet instead of 34 feet as called for in the Subdivision Ordnance. Also, the bike bath as shown will be constructed so as to tie in with the development to the North and provide for future extension to the South. lr 7 rrV`^ c' e e � i Fairhaven Estates Variance Request Page 2 N3. Cont. The public welfare will be best served by allowing this site to develop at it's present zoning with the access as shown in the preliminary plat. Dui to the :haracteristics of the ground, the homes will have to be designed to fit the t.unoitions there by providing a variety of architecture which '4ill enhance the neighborhood and increase land values. 4. Since the lots of this development occur on one side of the road and the entrance road of S. W. Fairhaven St. has no lots that access onto it and that thare are two cul-de-sacs in essence provided, it appears from a prac- tical point of view that the traffic ,generated in this area will be from the home owners who will live in the proposed subdivision. Due to the fact that only 7 lots will access onto this street, which is one- half the usual situation, it can be expected that there will be half as many vehicles and half as many trios per day compared to a double fronted street. Therefor we have proposed a street width of 28 feet instead of 34 feet as required in the Subdivision Ordnance. 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