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November 20, 1984 C'TYOFTIFARD
WASHINGTON COUNTY,OREGON
Mr. and Mrs. Marcus L. Cameron
10390 SW Rable Street
Tigard, Oregon 97223
Dear Mr. and Mrs. Cameron:
The Sanitary Sever Agreement yoc had prepared between yourselves and the
Livingstone was scheduled for Council Acceptance at their regular meeting of
June 25, 1984. However, it was removed from that agenda because the City
Attorney felt it was improper for. the City to become part of an agreement
designed primarily to serve the aeeds of yourselves and the Livingstone. The
Agreemeut has been reviewed and is satisfactory in form and content. The
pity's need is that you execute a Permanent Sanitary Sewer Easement on City
forms. This allows the City access to the "Public" Sanitary line for
maintenaneq purpose.. Enclosed please find this Easement form already
prepared for your not(.rised signatures. Please return them to ■o when you
have completed them. !\ "recorded" copy will be sent to you in lbout 10
weeks. Also enclosed is the original Agreement you submitted for Council
acceptance. I highly recommend this document be recorded with Washington
County and be attached to your Deed in such a fashion that it protects the
interest of the Livingstons and future owners of their property.
I must apologise for the delay in my response to the change of events
reguarding this Agreement. We have experienced several changes at City Hall
over the last 5 months creating some confusion in work assignments. This item
just happen to be one of the few that got by us. If you should have any
questions please contact ■e at 639-4171 eat. 35.
81nc y,
Randy 8. Cla o
Engineering Sectior Manager
(HSC:cs/0803P)
12765 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:6394171
INDIVIDUAL-GENERAL PARTNERSHIP
PERMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Marcus L. Cameron and Karol Cameron,
husband and wife
hereinafter called the. Grantors, in consideration for the sum of
O dollars ($ 0 ) from the City of
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
Inspecting and repairing of an underground sewer line and appurtenances,
togeth•ar with the right to remove, as necesen,,, vegetation, foliage, trees
and other obstructions on the following descr.oed parcel of land, situated in
the City of Tigard, Washington County, State of Oregon:
See Attached Exhibit "A"
IT I; EXPRESSLY UNDERSTOOD that this easement does nut convey any right,
title or inter,at except tho.e expressly statea in this easement, nor
otherwise prevent Grantors from the full usr and dominion thereover; provided,
however, that such use shall not I. erfere with the uses and purposes of the
Intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
Lhe Grantee in the above-described easement will be forfeited and shall
lmme•.;fetely revert to the Grantors, their successors and assigns in the case
of such event.
TO HAVE AND TO HOLD the above-described and granted prem'ses unto said
Grantee, itv successors and assigns forever.
IN WITNESS WHEREOF, the grantor(e) has (have) hereunto set his (her)
(their) hand(s) and seal(s) this day of , 19
_ (SEAL) (SEAL)
Marcus L. Cameron Karol Cameron
(SEAL) (SEAL)
STATE OF OREGON )
ea.
County of Washington )
RE IT REMEMBERED, that on this day of , 1Q ,
before me, the undersigned NotaryPlic in and�t ewe of Oregon,
personally appeared the within-named
who is (are) known to me to be the identical individual(s) descri a in-and�
who executed the within Instrument and acknowledged to me thrt. he (she) (the,)
Executed the same freely and voluntarily.
IN TESTIMONv WHEREOF, I have hereunto met my hand and seal this day
19 --
Notary Public for Oregon
(NOTARIAL SEAL) My Commission Expires:
Approved as to form this day of 19
By:
City Attorney - City of Tigard
Approved as to legal dearription this day of , 19
By:
City Engineer - City of Tigard
Ajproved thlF day of , 19
CITY COUNCIL, CITY OF TIGARD, OREGON
By _
City Recorder - City of Tigard
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Exhibit "A"
A portion of Lot 23, HOOOVIEW NO. 2, a recorded plat located in the Southwest
Quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon; said porton being a fifteen foot
wide strip of land with its centerline being,, more particu'-%rly described as
follows,
Beginning at a point on the Sot, i line of said lot 23 which bears North
89058' West 10.00 feet from tho Southeast corner thereof; thence parallel
with the East line of said Lot 23 North 00018' East 15.00 feet to the
terminus of said easement.
(0803P)
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Frank Currie, Director of Publinr: Works June 22, 1984
FROM: Loreen Wilson, Deputy Recorder` 1 ,
SUBJECT: hoodview Sanitary Sewer Ext. Agreement
Attached are the original papers for the above mentioned item. The agreement
is not in proper form to be presented to Council. I have removed this from
the 6/25/84 agenda for you. When this form has been approved by the City
Attorney's office, I will place on the first available agenda for Council
consideration. Please contact Adrianne Brockman with questions.
lw/1699A
CC: Adrianne Brockman
Bob Jean
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4-So-of to /.S N o 4 t�si�r 4 s AyJ d
EASEMENT AND AGREEMENT
THIS EASEMENT AND ACREEMENT is made this J JX,day of
February, 1984 , by and between MARCUS L.. CAMERON and KAROL
CAMERON, husband and wife, ( hereinafter "Camerons" ) and FARRAND
M. I.IVINGSTON and JUDITH LYN I.IVINGSTON, husband and wife,
( hereinafter "Livingstone" ) .
R E C I T A L S•
1 . Livingstons are the owners of that real property located iri
the State of Oregon, County of Washington, and more particularly
described as Lot 22 , HOODVIEW, which property shall hereinafter
be referred to as "the Livingstons ' property" .
2 . Camerons are the owners of that real property located in the
State of Oregon, County of Washington, and more particularly
described as Lot 23 , HOODVIEW, which property shall hereinafter
be referred to as "the Camerons ' property" .
3 . It has become necessa y for Camerons and Livingstons to
cause the residences locatea on the Livingstons ' property -.nd the
Camerons ' property to become connected to the public sanitary
sewer system servicing said properties . This connection is bein.,
accomplished by she installation of a manho'.- in the S. E. corner
of the Camerons ' property which, in turn, is connected to the
manhole located to the South and in the right-of-way of S.W.
Highland Drive, Tigard, Washington County, Oregon. Camerons and
Livingstons are causing their residences to be connected to ie
PAGE 1 - EASEMENT AND AGREEMENT
public sanitary sewer system by installing s9wer lines from their
respective resideaccs and attaching to the sewer line at the
manhole to be installed on the Camerons ' property.
4 . The Camerons and the Livingstons are executing this Easement
and Agreement for the purpose of creating the necessary easements
in favor of the City of Tigard, Oregon, and the Livingstons for
the pu-pose of maintaining the sewer lines to be installed.
NOW, THEREFORE, the parties hereto agree as follows :
5. The Camerons in consideration of tha sum of $10 . 00 and other
good and valuable consideration to them paid by the City of
Tigard, a municipal corporation of the State of Oregon, and the
Livingstons the receipt_ of which is hereby acknowledged, do
hereby grant unto said City of Tigard, and the Livingstons the
right to perpetually maintain a sanitary sewer through, under and
along any portion of that property known as Lot 23 , HOODVIEW,
Washington County, State of Oregon, that lies within five feet of
the actual sewer lines and manhole installed upon said property
as more particularly described in Paragraph 3 above.
6 . Camerons and Livingstons agree that in the event that it
bec- mPs necessary for Livingstons t - repair or maintain the sewer
line that runs from the Livingstons ' property and attaches to the
man,ole installed upon Lot 23, HOODVIEW, Washington County,
Oreg( n, that any costs associated with such repair shall be borne
exclusively by Livingstons.
7 . .'.t is understood and agreed that no building shall be
erected upon any portion of Lot 23, HOODVIEW, Washingt--)n County,
Oregon, that is subject to the easement granted herein
PAGE 2 - EASEMENT AND AGREEMENT
without the written consent of the City of Tigard, Oregon.
8 . This instrument does not grant or convey unto the City of
Tigard, Oregon, any right or title to the surface of the soil
along the route of the sewer easement herein granted, except for
the purpose of inspecting, maintaining, restoring and replacing
the same.
9. The Camerons and the Livingstons do hereby agree that the
easements herein conveyed shall be perpetual and non-exclusive
and the burdens and benefits thereof shall be binding upon their
respective heirs, successors and assigns.
IN WITNESS WHEREOF, this Easement and Agreement is made
and executed by the Camerons and the Livingston on the date first
written above.
"LIVINGSTONS"
Far and M. Livirig t n 1
Judrith Lyn Livingiton
"CAMERONS" W"4�Am�_ _
Marcus L. Cameron
�CG��st u-ur►
Karol Cameron
STATE OF OREGON )
ss:
County of IL")aahj )
The foregoing instrument was acknowledged before me
this jq_ day of AdLtayuZk1l 1984,by FARRAND M. LIVINGSTON
and JUDITH LYN LTVINGSTON, husband and wife.
PAGE 3 -• EASEMENT AND AGREEMENT
(NOTARIAL SEAL) EA
NO ARY BLIC for Oregon
My Commission Expires : \�•��. (�-,
STATE OF OREGON )
ss .
County of Dry-- )
The foregoing instrument was acknowledged before me
this7�/3� day of �e�Llctq�l. 1984 , by MARCUS L. CAMERON and
KAROL CAMERON, husband and wife.
i
(NOTARIAL SEAL) (/
-VOTARY PUBLIC fo Ore
My Commission Expires :
STATE OF OREGON )
ss:
County of Washington )
The foregoing instrument was acknowledged before me this
22nd day of February, 1984, by MARCUS L. CAMERON.
"-a. J
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Notary Public tor Uregon
My Commission Expires: 9/28/87
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PERFORMANCE BOND
BOND NO. : 1040506
KNOW ALL MEN BY THESE PRESENTS: That We:, c,TROM & SON
(hereinafter called the Principal ) and AMI;EST SURETY INSURANCE CO.
a corporation organized under the laws of the State of Cali . ornia and
authorized to transact a general surety business in the State of Oregcn
(hereinafter called the Surety) as Surety, are helf and firmly bound unto:
FARRAND M LIVINGSTON & MARCUS L CAMERON
(hereinafter called the Obligee) , as Obligee, in the sum of
-----.----THREE THOUSAND SEVEN HUNDRED NINETY EIGHT AND NO/100-------------------
Dollars ($3,79S,OO***** �) , for the payment whereof to the Obligee, the
Principal and Surety bind themeselves, their heirs, executors, administrators,
successors and assigns, jointly and severlly, firmly by these presents.
WHEREAS, the Principal and the Obligee have entered into a certain contract
(hereinafter called the Contract) dated this 31sL day of January
1984: , for the performance of the following work, tc wit: TO INSTALL SEWER
LINES RUN Ui" FROM THE POINT ON THE LIVINGSTON AND CAMERON RESIDENCES WHERE
TI1Ei'Z SERER LINES PRESENTLY EXIT THOSE RESIDENCES TO THE MANHOLE INSTALLED
PURSUANT TO SUBPARIICRAPH 1 . 1
a copy of which contract is or may be attached hereto and is hereby referred
to.
NOW, THEREFORE, the condition of this obligation is such, that if the Principal
shall faithfully perform the work contracted to be performed under said con-
tract, then this obligation shall be void; otherwise to remain in full force
and effect. The total amount of the Surety' s liability under this bond shall
in no event exceed the penalty hereof.
No right of action or reco,/ery shall accrue hereunder to or for the use of
any person or corporation other than the Obligee named herein.
Proved, however, as to said Obligee, the right of recovery shall be upon the
following expressed conditions, the performance of each of which shall be con-
dition precedent:
FIRST: That in the event of any default on the part of the Principe! , written
notice thereof shall be delivered to the Surety as promptly as possible and
in any event within ten (10) days after the Obligee shall became aware of such
default, and upon the Obligee's becoming aware of such default nu payments
shall be made under the said contract without prior written consent
of the Surety. If t! )r ;ncipal shall abandon said c, ract, or be compelled
by the Obligee to cease operations thereunder, the Surety shall have the
option to proceed or procure others to pro::eed with the performance of such
contract, and ail reserves, deferred payments, and other monies provided
by said contract to be paid to the Surety, at the same times and under the
same conditions as by the terms of said contract, such monies would have
been paid to the Principal had the contract been performed by the Principal ,
and the Surety shall be entitled thereto in prefere:-,c.:2 to any assignee of
the Principal , or any adverse claimant; but if the Obligee shall complete
of relet the said contract, all reserves, deferred payments or other monies
remaining after payment of such completion shall be paid to the Surety, or
applied as the Surety may direct +oward the settlement of any obligation
or liability incurred hereunder.
SECOND: That in consideration of Surety providing this suretyship, the Ob-
ligee shall faithfully perform all of the terms, covenants, and conditions
of said contracts on the part of the obligee contracted to be performed.
In no event shall payment of payments to contractor from Obligee be in an
amount greater than 900/10 of they value of the work performed by the contractor
to the date of such payment. Obligee too retain remaining final payment
of payments for a period of thirty (30) days after completion and acceptance
of the total project by the Obligee.
THIRD: That the Surety shall not be liable for any damages resulting from
strikes or labor difficulties, or from mobs, riors, civil commotion, public
enemy, fire, the elements, shifting of elements, acts of God, or defect or
fault in the plans or specifications referred to in said contract, or for
repair, or reconstruction of an%, work or materials damaged or destroyed by
any of said causes; nor fir damages arising out of injuries to persons or
property or for the death of any person or persons, or under or by virtue
of any staturoty provision for damages or compensation for injury to or
the death of any employee; not for the infringement or validity of any patent,
nor for the efficiency or wearing qualities of any work done or materials
furnished or the maintenance therof or repairs thereto; nor for the furnishing
of any bond o,, obligation other than this instrument.
FOURTH: If there be more than one Obligee named in this bond, then it is
understood that the rights of the Obliqees or any of them under this bond
are conditioned upon the faithful performance by or on behalf of the owner
of all the conditions of the contract by him to be performed.
FIFTH: That no suit, action or proceeding by the Obligee to recover on this
bond shall be sustained unless the same be commenced within six months from
the completion of said structure or work of improvement. Any notice to the
Surety may be addressed to- or serviced upon this office.
SIXTH: That the Surety is obligated only to the dollar amount shown on
the face of this bond. If any additions or alterations --f the original con-
tract, upon which this bond was issued, occur, increasing or altering the
contract price, Surety is obligated only to the proportional amount that
the original contract bears to the altered contract price, unless expressly
waived by the Surety in writing.
Signed, Seal ani Da ed ti i� _ 6th day of FLbruary , 19-84
AMW "'I E T Y 'SU CO. _ _ SAFSTROM 6 SON
Mary- n,
2532 J`. u ►:t`i��rn
Portl nO, Ore c-1 97214
1'
AMWEST SURETY INSURANCE %,J.
6301 Owensmouth Avenue 34224
Woodland Hills, Ca 91367
(213) 704-1111
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA
UORFORATION does hereby make,constitute and appoint
MARY-ANNE I.SKINNER-R.J.SKINNER
its true and lawful Attorn"&)-in.Fact,with full power and Authority for and on behalf of the company as surety,to execute and
deliver and affix the seal of the company thereto If a seal is required,bonds,undertakinga,recognizance$or other written
obligations in the nature thereof,as follows:
CONTRACT, LICENSE, PERMIT,A MISCELLANEOUS BONDS TO$250,000.00
and to hind AMWEST SURETY INSURANCE COMPANY thereby,dod all of the arts of.aid Attorneys in Fact,pursuant to
these presents,are hereby ratified and confirmed. This appotntment is matie under and l,v authority of the fallowing prov
%Inns of the By Laws of the company,which are now in full fnrce and effect
Article III,Section 7 of the By Laws of AMWEST SURETY INSURANCE COMPANY
This Power of Attorney is signed and sealed by facsnnde under and by ,,aoftiotity of ttie following resolutions adop-
ted by the board of directors of AMWEST SURETY INSURANCE COMPANY,, meeting duly held on December 15,1975.
RESOLVED that the president or any vice-president,in conjunction with the secretary or any assistant secre
tally,may appoint attorneys-in fact or agents with authority as defined or limited in the instrument evidencing the
appointment in each case,for and an behalf of the company to execute and deliver and affix the seal of the com
pang to b.,nds,undertakings,recognizanres,and suretyship obligations of all kinds,and said officers may remove
any such attorney in fart or agent and revoke any power of attorney previously granted to such person,
RESOLVED FURTHER that any band,undertaking,recognizance,or suretyship obligation shall he valid
and binding upon the company
if) when signed by the president or any vice president and attested and sealed(if a seal be.required)by any
ecretary or assistant secretary;of
(it) when signed by thepresldentor any vice president or secretary or assistant secretary,and countersigned
on,'sealed fit a seal be required)by it duly authorized attnrney in fact or agent;or
(iii) when duly executed and sealed fit a seal he requiredl by one or more sttorneys•in fact or agents put
sur it to end within the limits of the authority evidenced by the power of attorney issued by the company to such
parson or persons.
RESOLVED FURTHER that the signature of any authorized office and the seal of the company may he
affixed by facsimile to any power of attorney or certihcetinn thereo'authorizing the execution and delivery of
any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and feel
when to used shall have the same force and effect as though manually affixed.
IN WITNESS WHFP,eOF, AMWEST SURETY INSURANCE COMPANY has caused chew Presents to be%i^,-.dd hits
proper officer,and its corporate seal to be hereunto affixed'his-111t day of May 19�
MWEST SURETY INSURANCE:OMPANY
f y,, /, PrefitlRnl
rfimn Sec teary
STATE OF CALIFORNIA,COUNTY OF LOS ANGELES-ss
On this 18tday of May A.b.,1f�,personally came before me Richard H. Savage
and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM.
PANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the some,and being
by me duly sworn,did severally depose and save that they are the said officers of the corporation aforesaid,and that the lest
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers
vil duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
oFFICIAI feu
JANICE DRUEZ
NWAPYWRIif CAIIFOPNIA (SEAL)
IN PRINCIPAL OFFICE IN
LOSAW(FSCOUNty N0121y Public
MT Commiwen[FD Un f Ills
STATE OF CALIFORNIA,COUNTY OF IAS ANGELES-ss
CERTIFICATE
I,the undersigned. secret"y of the AMWEST SURETY INSURANCE COMPANY, e California corporation,
DO HEREBY CERTIFY that the foregmnli and attached Power of Attorney remains In full force and has oat been revoked,
and furthermore,that the provistons of the By Laws of the company and the Resolutions of the beard of directors set forth
In the Power of Attorney,are now in force.
Signed and sealed at Portland. Oregon this 6th day of February 19_84
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