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CONSTRUCTION NOTES FOR SANITARY SFW1:R 4tl
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1 . All construction shall be in conformance with the standards of ' \ I � _ J i i otCc
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the City of Tigard and the Unified Sewerage Agency . 0 M
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TIS' L ' ° 0
? . Trench excavation and backfill shall be as shown in Cit of '^ ' <<r„r '; •. .. ,
City Tigard
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Standard Drawing No. 73- - __- -.- _-- -- ` I � ,w � � �l � +�• �
3 . All concrete sewer pipe (C. S . P, ) shall. conform to ASTM specification P15' �:Lu-,� ME.�11 _ __ _--__ _ � �- I ,�M `
El _ • �• l.,. ! """"_ ;; LA V1 lam.
C-14 extra strength . -- -- _ - ,� w� U �
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4 . Manhole frames and covers shall be as shown in City of Tigard
Standard73-A-306 . �. 4 t.Jl
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Drawing No.
5. Benchmark, Brass disk #110 in concrete at N.W. corner of Sorrento
Road and Scnolls Ferry Road. Elevation = 231. 61
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CITY OF TIOARD
February 12, 1990 OREGON
.,
S & J Builders Ltd.
5355 S.W. Murray Blvd.
Beaverton, OR 97305
RE: Dakota Street Sanitary Sewer Extension
Dear Mr. Johnsons
In the matter of the twelve thousand two hundred dollars {512,200)
Irrevocable Standb7 Letter of. Credit Assurance_. Bond ()k S-07144 )
between S & J Builders Ltd. and U.S. National Bank of Oregun and
the City of Tigard, Oregon; this is 1,0 servo as written
acknowledgement that the City has no furtier intb:ost in said
Assurance Bond and, therefore, declares that this assurance
obligation is void.
I
If you have any questions regarding this matter, please contact me at
639-4171.
,51gcerely, ,
Randy Wooley
City Engineer
jr/S&JBUTLD.JSH
Enclosures
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
WESTLAKE CONSULTANTS, INC. n n�M �v,� �I�
Engineers, Planners & Sury-��ors �[EUU[F� 0Q IF UIR UVSU1lIJ���[r,L
Hilltop Business CentE
7340 S.W. Hunziker Suite �04
TIGARD, OREGON 97223 DATE JOS NO.
Phone (503) 684-0652
FAX (503) 624-0157 ATTENTION
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WE ARE SENDING YOU C Attached Unde(separatN cover via _ the following items:
[I Shop drawings CJ Prints I ; Plans ❑ Samples I I Specifications
Ll Copy of letter ❑ Change order r
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
i J For approval O Approved as submitted ❑ Resubmit_ copies for approval
J4 For your use ❑ Approved as noted ❑ Submit_copies for distribution
As requested ❑ Returned for corrections ❑ Return_ corrected prints
[J For review and comment FI
[:J FOR BIDS DUE_ _ _19 L) PRINTS RETt`IRNED AFTER LOAN TO US
REMARKS__
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CITY OF TIGARD OREGON
COUNCIL AGENDA ITEM SUMMARY
AGLNDA OF : February 25, 1985 AGFNDA ITEM #:
DATE SUBMIUrm February 12, 1985 PRKV'1OUS ACTION:
ISSUE/AGENDA TITLE: Meadow Creek
mainline sewer easements — Authorize PREPARED BY: -DQvelopment Services
ty2n1
_6..Record to execute in behalf - REQUEST ..1) BY: John Hayman _�
of the City.
DEPARTMENT HEAD OK: C11Y AI)MTNI",TRATOR:
7 o
INFORMATION SUMMARY
1 . ) The attached easements are submitted for the purpose of Facilitating
operation and maintenance of a mainline sanitary sewer by the L-ity .
2. ) The sewer will be located we-it of ].21st Avenue and south uf 9,cholls Ferry
Road; it will serve the Meadow Creek Development ,
1 . In accord with City requirements a construction Compliame Agreement and
Performance Eland have been filed by the developer (S. & J . Builders Ltd. )
with the City. All required fees have been paid. CunsLruction plans are
approvable, issuance being subject to City acceptance and recording of
said easements .
ALTERNATUES _CONSMERED
SUGGESTED ACTION
Authorize thy, Mayur acid City Rot,order to v%o( uto tho J . Iklild('r4 Ltd .
ian I LAr y sewerage mainl Irto casements in bilhalf (A I ho City ovd, also,
di : o( tinq thv City Rvctirdor b, rvc (lrd soll",
100413
din i
INDIVIDUAL-GENERAL PARTNERSHIP
PrRMANENT SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT -,, .1 �; t
I-reinsfter called the Grantors, in consideration for the sum of (:,t %�c.f✓d/t
dol Inrr. (S / ) 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 apl.urtenances,
together with the right to remove, as necessary, vegetation, foliage, trees
and other obstructions on the following described parcel of land, situated in
the City of Tigard, Washington County, State of Oregon:
see Exhibit "A", attached hereto
11 IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
tit.e or interest except those expressly stated in this ensement, nor
otherwise prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
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
the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the Cas(-
of ruck event.
TO HAVE AND TO HOLD the above-described and granted premises unto Bald
Grantee, its successors and assigns forever.
WITNESS WHEREOF, the grantorjs) has (have) hereunto set his �jter)
(th if hand(s) and seal(,) this $ -qday of �J..t,.A,ty , 19�.
(SEAL) - (SEAL
,(SEAL) (SEAL)
STATE OF OREGON )
j ss.
County of Washington )
BE 1T REMEMBERED, that on this ;t1, day of 1'I.III1'U;l , 19 ti,; ,
hefore me, the undersigned Notary Public in and for the State of Oregon,
personally appeared the within-named L'n!d 11'C - JOI L'ON
who is (are) known to me to be the identical individual(s) describe n an
who executed tFe iithin instrument and acknowledged to me that he (she) (they)
vverured the nam. freoly end voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this "th day
of I i'.I III.<Al;l , 19
Not-wry Pubic for Oregon
(NOTARIAL SEAL) My Commission Expires: I1-7-10,
A;•proved as to form this clay of 19
By:
City Attorney - City of Tigard
r,lpruved as to legal description this day of , 19
By:
My Engineer - City of Tigard
pr.,ved this (lily of _ , 19
CITY COUNCIL, CITY OF TIGARD, OREGON
By:
City Recovder - City nr Tigard
LEGAL DESCRIPTION
A 15 . 00 foot wide strip of lard situated in the N.W. 1/4 , Section
Vs, R1W, W.M. , City of Tigard, Washington County, Oregon,
1w inq more particularly described as follows:
Beginning at the west quartet corner of said Section 34 ;
thence along the south line of the northwest one quarter of said
:.ection 34 , North 89'54150" East, 15. 00 feet;
thence North 0010148" West, 40. 00 feet;
thence South 89054150" West, 15. 00 feet to a point on the west
line of said Section 34;
thence, South 0°10 ' 48" East, along the west line of said Section
34 , 40. 00 feet to the point of beginning.
i
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:t:DIVIDUAL-GTNERAL PARTNERSHIP
PERMANENT SANITARY SEWER EASEMENT
KNOW ALL NEN BY THESE PRESENTS THAT �%; 2_ ', ' 6&1L &Xc'. aol
hereinafter called the Grantors, in consideration for the sum of dN� ik. ic,
dollars (S I ) from the City of
Tigard, hereinafter calledGrantee, 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,
togettr with the right to remove, as necessary, vegetation, foliage, trees
and other obstructions on the following described parcel of land, situated in
the City of Tigard, Washington County, State of Oregon:
see Exhibit "A", attached hereto,
IT IS EXPRESSLY UNDERSTOOD that this easement does nog convey any right,
title or interest except those expressly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
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
the Grantee in the above-described easement will be forfeited and shall
Immediately revert to the Grantors, their successors and assigns in the case
of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his
H•Ia+)
and(s) and seal(s) this day of ,1C_
(SEAL)
SF;Ai.i
0—�t.a.- M*hb.) (SEAL)
STATE OF OREGON )
) as.
County of Washington )
BE IT REMEMBERED, that on this nth day of II.BBUANY 19 H'. ,
before me, the undersigned Notary PuR is in and for the State of Oregon,
personally appeared the within-named k01'111tT (;. JOHNSON
who is (are) known to me to be the identical individual(s) described in and
who executed the within instrument and acknowledged to me that he (she) (they)
prpcnted the some freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 11 h day
19 H
Notsry Public c, Oregon
(NOTARIAL SEAL) My Commission EApires: 11-7-86
Approved as to form thio day of 19
By:
City Attorney - City of Tigard
Approved as to legal description this day of , 19
By:
City Engineer - City of Tigord
Approved this day of , 19
CITY COUNCIL, CITY OF TIGARD, OrEGON
By:_
City Recorder - City of Tigard
Am
LEGAL DESCRIPTION
A 1 ) . 00 foot wine strip of land situated in the N.W. 1/4, Section
14 , TIS, R1W, W.M. , City of Tigard, Washington County, Oregon,
',(,inq more particularly described as follows:
commencing at the West quarter corner of said Section 34 ;
thence, North 0010148" West , along the West line of said Section
34 , 40. 00 feet to the true point of beginning;
thence, North 89°54150" East, parallel with the South .line of the
Northwest one-quarter of said Section 34, 49.76 feet;
thence, North 27000116" West, 16. 82 feet;
thence, South 89°54150" West, 42. 17 feet to a point on the West
line of said Section 34;
thence, South 0010148" East, 15. 00 feet to the point of
heginning.
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CIYYOF TIFARD
WASHINGTON COUNTY,OREGON
February 21, 1985
S 6 J Builders Ltd.
5355 SW Murray Blvd.
Beaverton, OR 97005
Re: Sanitary Sewer Compliance Agreement — Dakota Street Extension
Gentlemen:
Enclosed is a copy of the above bigned agreement which was approved by the
Tigard City Council on February li, 1985.
If you have any questions regarding this document, please contact the
Engineering Department.
Sin er
.�� . .
oreen R. Wilron
Deputy City Recorder
lw/2513A
12755 S W ASH PO. BOX 23397 TIGARD, OREGON 97223 PH 639-4171
February 13, 1985 CITYOF T1�AW
W,4SHIN-,TON COUNTY,OREGON
Great Northwest Management Co�
5.355 S.W. Murray Blvd.
Beo�rerton, Oregon 91005
ATTENTION: Mr. Casey Doyle
RE: Meadow Creek Sanitary Sewer Mainline
Dear Mr. Doyle:
Enclosed pl�•ase find the receipt for the City's fee for the
aforementione-. Mork.
The approved sewer plan has been given to Mr. Norm Harker to
assure that print reproduction incorporate City comments.
Sincerely,
John S. Hagman
Engineering Technician III
(JSH:dm,j/1004P)
---- 12755 S.W ASH PO BOX 23397 TIGARD,OREGON 97223 PH 639-4171 --
SANITARY SEWER COMPLIANCE AGREEMENT
THIS AGREEMENT dated this day of AOJ.-f19 85 ,
between the CIT': OF TIGARD, a municipality of the State of Oregon, hereinafter
termed the "City", and S. 6 J. Builders, Ltd. , a PaT:tnership,
hereinafter termed "Petitioner" .
W I T N E S S E T H:
WHEREAS, Petitioner has applied to the City for approval of construction
of a sanitary sewer, to be known as the Dakota Street Extension
being within the boundaries of an area as described on the attached
Exhibit "A", and by reference made a part hereof; and
WHEREAS, the City of Tigard requires applicants for construction of
sewers , ar,1 appurtenances thereto, to submit to construction inspection, and
testing therewithal, to grant public easements, therefor, and requires the
payment of fees; and
WHEREAS, the City has approved and adopted the standard specifications for
Public Works construction by APWti, Oregon Chapter, and the Unified Sewerage
Agency specifications for sanitary sewers prepared by professional engineers
for Public Works construction; and
WHEREAS, the public improvements required to be constructed are
incomplete, but petitioner has nonetheless requested that the City permit
granting of the property to the public, and the parties herein gamed desire to
protect the public interest generally to assure the public improvewcnts will
be installed as required and completed within the time hereinafter set forth.
NOW, THcREFORE, in consideration of the foregoing premise and the
covenants and agreements to be kept and performed by the Petitioner and its
contractor and contractors surety, IT IS HEREBY AGREED AS FOLLOWS:
I . Petitioner shall proceed to complete all public Improvements as shown on
herewith imprc.�ement plan, as approved by the City of Tigard and prepared
by Westlake Consultants Inc. dated January 1985
Said improvements to be completed no later than one (1) year from the date
of this agreement, and Petitioner hereby agrees to comply with all
standard specifications adopted b%, thi:: ulty, or as may otherwise be
approved by the Department of Public Works and to use only such materials
and to follow such designs as may be required to conform thereto.
Petitioner shall provide certification of installation conformance, via a
registered civil engineer, to the City prior to City inspection of
petitioners improvement work for City tentative and final acceptance
consideration.
2. To assure compliance with the City's requirements and the provisions
thereof, Petitioner agrees to obtain, provide and render to the City, a
surety bond(s) in form approved by the City, with liability in the amount.
equal to the contract price of $ 120200.00— prior to issuance of a permit
for construction of said improvements; Petitioner's contractor shall be
licensed, and insured .
3. In the event that the Petitioner shall fail, neglect or refuse to proceed
with the work in an orderly and progressive manner to assure completion
within the time specified, upon ten (10) days notice by the City to the
Petitioner and the Petitioner's surety, and such default and failure to
proceed continuing thereafter, the City may at its option proceed to have
the work completed and charge the costs thereof against the Petitioner and
the Petitioner's surety and in the event the same be not paid, to bring an
action on the said bond to recover the amount thereof. In the event that
such action be brought, the Petitioner and the Petitioner's surety shall
be required to 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 cost incurred by the City, both in the Trial Court and
Appellate Court, if any, or the City may at its option bring proceedings
to enforce against the Petitioner and/or Petitioner's surety, specific
performance of the contract and compliance with the standards adopted by
the City of Tigard, and in any event, in a like manner, the city shall be
entitled to recover such sums as the court may adjudge reasonable for the
City's attorney's fees and cost, both in the Trial Court and and Appellate
Court, if any.
4. Petitioner, concurrent with the execution hereof, agrees to pay the
following fees:
a. A plan check fee to cover the cost of review and approval of
construction plans and inspection of sewer constructio: (except house
connections) in the amount of $ 488.00
b. A permit fee to cover the cost of processing the permit application
and performing the inspection of property connection(s) in the amount
of $ *
C. A connection charge to connect directly to an existing sanitary
sewer, which was installed with/without (strike inapplicable word)
cost to the Petitioner, in the amount of $
d . A monthly sewer service charge for Iia use of the public sanitary
sewer system.
5. Petitioner, concurrent with the executiou Hereof, also agrees to pay a
surcharge in the amount of $ * as required by that certain
contract entered into by the City with
for the reimbursement of sewer construction costs pertinent thereto.
6. The City agrees to make periodic inspections as, in the City's _judgment ,
is necessary to assure compliance.
7. The Petitioner agrees to insure that the City receives 48 hours advance
notice of commencement of construction and, also, 12 hours advance notice
for all requested field inspections.
B. The Petitioner agrees to insure that the Petitioner's engineer obtains
accurate as-built (field) construction records of said sewer installation
and , also, agrees to insure that the City is furnished with one accurate
as-built mylar thereof .
* 7b he determined and levied at time of application for building permits.
2 -
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9. At such time as all public improvements have been completed in accordance
with the City's requirements, Petitioner shall submit a "certificate of
installation conformance" to the City to notify the CiLy of the readiness
for acceptance consideration inspection and upon notification 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 in the form approved by the City in a Fum equal to twenty
percent (20X) of tha contract price to provide for correction of any
defective work or mai— enance becoming apparent or arising within one year
after final acceptance of the public improvements by the City.
10. 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 improvements, subject to the
requirement of correction of deficiencies and maintenance for a period of
one year.
.11. That the Petitioner, in consideration of the CiLy's approval of the
application to construct a sanitary sewer within the boundaries of
easements held by the City, does hereby covenant and agree to save, hold
harmless and indemnify the City , its officers, agents and employees, for
and from all claims, demands, damages, and each and every other obligation
that can or could arise from the neglect of Petitioner, his officers,
agents, contractors and employees, or from trespass upon property outside
of the easement area, including .corney's fees and costs, if any,
necessarily incurred by the City L defending against such claims, with
the intent and purpose that the City shall be made whole with respect to
any amounts it may be required to pay to be held liable for in connection
with the exercise of the privileges afforded Petitioner to utilize the
area within the City's easement for sewer construction purposes.
IN WITNESS WHEREOF, the parties have executed thi.3 agreement pursuant to
authority vested in each of them.
TETITIONER: s. J. Builders, Ltd.
(Attached Acknowledgment Hereto) --�+- ' -
CITY OF TIGARD:
May ir
R corder
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PARTNER (S) ACKN0W1,KDGN1VN"1'
STATE OF
S
('0UNTY ()I" WASHINGTON
nil 28thJanuar bu rove i;;,.
ROBERT G. JOHNSON t o ric k ii cy,.n ,
1:;t I ri Cl C S & J BUILDERS, LTD.
pnrtnl:i sh 1p, ,,%-l(Jgod that h(,3 o.-,-pvu t ed the foo
Instru,ti-rit f r.a ,.(.:t i-.nd doed f.):C said .firm.
IN TESTP-IONY WHI- NWF, I 1i,'i%- L
hor(,witcl sot my hand :-.:,d of -
f ixod ii,y cirficiAl .00l !, A day
-,- nd y(
—0 ,iVy PI)III ic For nl .-
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UN I I LI} S I A I LJ NA I 10NAL BANK Uf UKLUUN
.International Banking sion
—iw P. O. Bux 4412, Portland,Oregon 97208
IRREVOCABLE STANDBY
Telex No.: 360540 USNB INTL PTL LETTER OF CREDIT
Cable Address: UNITBANK
City of Tigard DATE February 1, 1985
12755 S.W. Ash
Tigard, Oregon 97223 NUMBER S- 07144
E
AMOUNT US$12,200.00**US Dollars
0
GENTLEMEN:
A
°
We hereby authorize you to draw
7 on UNITED STATES NATIONAI. 1i 1NK Or OREGON,PORTLAND,OREGON
for account of S & J Builders Ltd.
5355 S.W. Murray Blvd.
Beaverton, Oregon 97005
E up to an aggregate amount of Twelve Thousand, Two Hundred and no/100 US Dollars
E
° available by your draft at SIGHT
u
c accompanied by the folluwingdocuments
A A signed statement from the beneficiary stating the following:
"We certify that the funds drawn are >-equired relating to the Street Dedication
Compliance Agreement dated January 26, 1985."
R
ti
SPECIAL CONDITION:
In the event tFat S & J Builders Ltd. (the Petitioner) shall fail , neglect or refuse
E to proceed with the work in an orderly and progressive manner to assure comnlr+ion
within the time limited, upon ten (10) days' notice by the City to the Petitioner and
01
such default and failure to proceed continuing thereafter, the City may at its option
proceed to have the work completed and charge the costs thereof against the Petitioner
and draw on the said letter of credit number S-07144 to recover the amount thereof.
a
s
CL`
c
n
Drafts mull be drawn,negotiated end presented at this office on or before February 1, 1986.
9
v
E Each draft must Mate that it is"Drawn under United Staten National Bank of Oregon,I'm tland,()tcyon
Irrevo,able Standby Lever of Credit No.S- 07144
r We hereby engage with you that drafts drawn and/or documents presented under and in compliance with the terms of this Irrevocable Standby Letter
i
of Credit will be duly honored upon presentation to us.
Suhlect to Unitorrn Customs
and Practice for Documenlaq
i3 Credits (1983 Revision), UNITED STATES NATIGNAL BANK OI'ORI GON
international Chamber of
Commerce, Publication No 400
Authuri7Nd SignMurn
to-34se 3iet David E. Erickson
Asst. Vice Pres. S L/C Mgr.
SIN 41.1 Z�-"ra
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 11, 1985 AGENDA ITEM M:
DATE SUBMITTED: February 61 1985 ._ PREVIOUS ACTION: None
ISSUE/AGENDA TITLE: Sanitary Sewer
Compliance Agreement A Performance PREPARED BY: Communitv Oevelopment
Bond; authorize Mayor Recorder
Lq execute in City' s behalf _ REQUESTI�J BY: John Hagman
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
1 . The proposed "Dakota Street' sewor extension is located south of Scholls
Ferry Road and West of 121st Avenue, It is intended to serve the Meadow
Creek development
2 . the attached Compliance Agreement and Letter of Credit (Performance) Bond
has been submitted by the developer, as is required by the City, to
assure completion of installation of all public sanitary sewer facilities.
3 . Construction plans are ready to be issued and all required public
improvement fee' e have been paid, Issuance of said plans is pending
Council action (as is suggested below) .
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Authorize the Mayor and City Recorder to exer.ute the Sanitary Sewer Compliance
Agreement for Dakota Street (Gewer) Extension in behalf of the City, and,
also, accept the letter of Credit Performance Dond.
TH:br/0995P)
SANITARY SEWER COMPLIANCE AGREEMENT
THIS AGREEMENT dated this Z9, day of January , 19 85 ,
between the CITY OF TIGARD, a municipality of the State of Oregon, hereinafter
termed the "City", and S. 6 J. Builders, Ltd. . a Partrership,
hereinafter termed "Petitioner".
W I T N E S S E I H:
WHEREAS, Petitioner has applied to the City fer approval of construction
of a sanitary sewer, to be known as the Dakota Street Extension
being within the boundaries of an area as described on the attached
Exhibit "A", and by reference made a part hereof; and
WHEREAS, the City of Tigard requires applicants for construction of
sewers, and arpurtenancc6 thereto, to submit to construction inspection, and
testing therewithal, to grant public easements, therefor, and requires the
payment of fees; and
WHEREAS, the City has approved and adopted the standard specifications for
Public Works construction by A?WA, Oregon Chapter, and the Unified Sewerage
Agency specifications for sanitary sewers prepared by professional engineers
foc Public Works construction; and
WHEREAS, the public improvements required to be constructed are
incomplete, but petitioner has nonetheless requested that the City permit
granting of the property to the public, and the parties herein named deEire to
protect the public interest generally to assure the public improvements will
be installed as required and completed within the time hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing premise and the
covenants and agreements to be kept and performed by the Petitioner and its
contractor and contractors surety, IT IS HEREBY AGREED AS FOLLOWS:
I . Petitioner shall proceed to complete all public improvements as shown on
herewith improvement plan, as approved by the City of Tigard and prepared
by Westlake Consultants Inc. dated January 1985
Said improvements to be completed no later than one (1) year from the date
of this agreement, and Petitioner hereby agrees to comply with all
standard specifications adopted by this City, or as may otherwise be
approved by the Department of Public Works and to use only such materials
and to follow such designs as may be required to conform thereto.
Petitiorer shall provide certifica«on of installation conformance, via a
registered civil engineer, to the City prior to City inspection of
petitinners improvement work for City tentative and final acceptance
consideration.
2. To assure compliance with the City's requirements ,nd the provisions
thereof , Petitioner agrees to obtain, provide and tender to the Cite, a
surety bond(s) in form approved by the City, with liability in the Fount
equal to the contract price of $ 12 200.00 prior to issuance of a permit
for construction of said improvements; Petitioner's contractor shall be
licensed, and insured.
- 1 -
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3. In the event that the Petitioner shall fail, neglect or refuse to proceed
with the work in an orderly and progressive manner to assure completion
within the time specified, upon ten (10) days notice by the City to the
Petitioner and the Petitioner's surety, and such de`ault and failure to
rroceed continuing thereafter, the City may at its option proceed to have
the work completed and charge the costs thereof against the Petit+oner and
rhe :etitioner's surety and in the event the same be not paid, to bring an
action on the said bond to recover the amount thereof. ;:n the event that
such action be brought, the Petitioner and the Petitioner's surety shall
be required to 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 cost incurred by the City, both in the Trial Court and
Appellate Court, if any, or the MY may at its option . ring proceedings
to enforce against the Petitioner and/or Petitioner's surety, specific
performance of the contract and compliance with the standards adopted by
the City of Tigard, and in any event, in a like manner, the City shall he
entitled to recover such sums as the court may adjudge reasonable for the
City's attorney's fees and cost, both in the Trial Court and and Appellate
Court, if any.
4. Petitioner, concurrent with the exe-ution hereof, agrees to pay the
following fees:
a. A plan check fee to cover the cost of review and approval of
construction plans and inspection of sewer construction (except house
connections) in the amount of $ 488.00
b. A permit fee to cover the cost of processing the permit application
and performing the inspection of property connection(s) in the amount
of $
c . A connection charge to connect directly to an existing sanitary
sewer, which was installed with/without (strike inapplicable word)
cost to the Petitioner, in the amount of $
d. A monthly sewer service charge for the use of the public sanitary
sewer system.
5. Petitioner, concurrent with the execution hereof, also agrees to pay a
surcharge in the amount of $ * as required by that certain
contract entered into by the City with _
for the reimbursement of sewer construction costs pertinent thereto.
6. The City agrees to make periodic inspection, as, in the City's judgment ,
is necessary to assure compliance.
1. The Petitioner agrees to insure that the City receives 48 hours advance
notice of commencement of construction and, also, 12 hours advance notice
for all requested field inspections.
8. The Petitioner agrees to insure that the Petitioner's engineer obtains
accurate as-built (field) construction records of said sewer installation
and, also, agrees to insure that the City is furnished with one accurate
As-built mylar thereof.
* T,> be determined and levied at time of application for building permits.
2 -
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9. At such time as all public improvements have been completed in accordance
with the City's requirements, Petitioner shall submit a "certificate of
installation conformance" to the City to notify the City of the readiness
for acceptance consideration inspection and upon notification 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 in the form approved by the City in a sum equal to twenty
percent (20a) of the contr :t price to provide for correction of any
defective work or maintenai becoming apparent or arising within one year
after final acceptance of the public improvements by the City.
10. 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 improvements, subject to the
requirement of correction of deficiencies and maintenance for a period of
one year.
11. That the Peti+_ioner, in consideration of the City's approval of the
application Lo construct a sanitary sewer within the boundaries of
easements held by the City, does hereby covenant and agree to save, hold
harmless and indemnify the City, its officers, agents and employees, for
and from all claims, demands, damages, and each and every other obligation
that can or could arise from he neglect of Petitioner, his officers,
agents, contractors and employees, or from trespass upon property outside
of the easement area, including attorney's fees and costs, if any,
necessarily incurred by the City in defending against such claims, with
the intent and purpose that the City shall be made whole with respect to
any amounts it may be required to pay to be held lia Ke for in --onnection
with the exercise of the privileges afforded Petitioner to Leilize the
area within the City's easement for sewer construction purposes.
IN WITNESS WHEREOF, the parties have executed this agreement pursuant to
authority vested in each of them.
PETITIONER: S. 6 J. Builders, Ltd.
(Attached Acknowledgment Hereto) 1)W-��✓'—
CITY OF TIGARD:
Mayor
Recorder
(JH:pm/0959p)
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PARTNER (S) ACKNOWLEDGMENT
STAIN; OF OREGON )
ss .
r'OI 11• OF WASHINGTON )
x111 28th _d:=y o f January 1984 __, bru f ure n;,_:
ROBERT G. JOHNSON to no knrnsn , and
,• i n ( }�,.� {'i ran of S & J BUILDERS, LTD.
P C .:l'wl edg ed that. 111� C-N('C11ted the
I 1' ' r (3 gest d dried of said firm.
IN 'I'H.ti'1'VIONY WHE.HKOE:, I HAVE
hereunto s(-t my hasld s-,nd of -
f i NPd my off }ci sal �,,al H ld day
r1nci y( ar Inst �% r } t ton .
melt ;cry Pill, 1 i c } ur n qn
�� Cu wn i '. i cin c-xp i ru3 11-7-86
t�
—" UNI I tU S I A I Lb, IVA I 10MAL HANK UI- UHLUUN
ttl;+!1
Box?1412 Porffarid tr8dair Oidg' {t : t{t z r,l
r# is ,i{. ,.1;� ° /�a W'��"l,�r.bu>tdnb�Fir+<lr° ;fit{1 Ifl,' 'i` ` t'f ,1,i;- • R 1� Y NDBY
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rl=�tt' .::i{L:.-.ti�� {`s:r~!j!=,t i{:, I I _ tai--�t�i F,l(t� ljl= ►-«€ f «�r€:$.:`€ifus"jjt=.l fi`:z'fi� :r.rGl
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t(f '#}1if 1 Iii=?t}! �tjl w,1jF tlr 1'1+: f 1 Imo° i7c€f€'��► f r{t' '#r -! !K i 11=. t t:<. ;lire;
€[t,- I[I; + !burr' . i& l>i�010t;�0o�c*11s;€p�'1s;€1► If,� .€{t .
{ji'i r►! { ,Ifl i!r= to 't(i .. It,w f!! t}f= ^I► =t1t-- !It'xs t}1 �m 1{r €1€= I{I--If► ��[I Ii► .. ell- 1tr tl►-d
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We hereby authHze you to draw
g on UNITED STATES NATIONAL 13ANK OF OREf:ON,PORTLAND,OREGON
rtrt aunt rte S & J Builders Ltd.
5355 S.W. Murray Blvd.
Beaverton, Oregon 97005
up tor,naggrogateamountof Twelve Thousand, Two Hundred and no/100 US Dollars
U available by,your draft at SIGIIT
'6 accompanied by the following documents:
.A signed statement from the beneficiary stating the following: i
"We certify that the funds drawn are required relating` to the Street Dedication
a
Compliance Agreement dated January 28, 1985."
SPECIAL CONDITION:
s TotFe event tt at S & J Builders Ltd . (the Petitioner) shall fail , neglect or refuse
t to proceed with the work in'an ,orderly and progressive manner 'to assure completion
within the time limited, upon tell (10) days' notice by the City to the Petitioner and j
such default and failure to proceed continuing thereafter, the City may att:its option
proceed to have the work completed and charge the,costs thereof against,.the!,,Peti.tioner ., I
I� and draw on the said letter of credit number S-07144 to recover the amoun'ti'therPof.
I� ' .- _ - 'r• li, I{' �!{I^:'I'fii• i. i,=»-'!�, ,'; f;l I,! � �I{! !{I� €{€ -, i
_ �, !I. ,t ',fi. ,}, . €ft�,l(1- till?►ilii
� 'ell.;,-!(1- ' !• --I' ��'--
.., tip
Drafts must be drawn,negotiated and presented at this office on or before February 1, 1986.
U
Psch drnIt must state that it is"Drawn under United Stales Nat ion ni Ban 1,of Oregon,Portland,OtPiton
Irrevocable Standby Letter of Credit No.S- 07144
P
We hereby engage with you that drafts drawn and/or documents prewitte-i under and in compliance with the terms of ties Irrevocablr Standby Letter
• e
of Credit will tic duly honored up,m presentation to us.
Subject to Uniform Customs
' and Practice for Oocumenttry
Credits(1983 Revision), IINIILP S"IA HIS NA IIONAI HANK OF ORI GON
International Chamber of
Corm •^.'!'e, P:htication No 400.
Aultimlrad Slanalura
ss 3950 3/61 David E. Erlckeon
A341. Vices Pro@. A UC Mgr.
CITYOF TIOARD oq-o. 2216
12755 S.W. ASH
P.O.BOX 23397
TIGARD, OR 97223 Date ! " 4 - ��S
Name
Address --"
Lot Block/Map SubdivISIO /Addriess�
Permit M's Bldg. I s; ,l ,
Plumb Cash Check —
Sewer - Other — --- �/
Other Rec. By
Acct. No, Descri Moe i
10.432 Building Permit Fees Amount
10.431.600 Plumbing Permit Fees --
10.431.601 Mechanical Permit Fees
10.230.501
� State Bldg. Tax
10"433 Plans Check Fee — I
10.435 Other Licenses & Permits - r
30.443 Sewer Connection ---�-----
30.444 Sewer Inspection -- `-
24.448 Street Syst. peV Charge
25.449"610 Parks I Syst. DevDev. Charge
25.449.620 ParksII SYs�Charge -- --
I 31.450 Storm Drainage Syst. Dev, Car�-e
h --
10.430 Business Tax g
10"434 Alarm Permi _
10.227 Bail -------_
10455 Fines Tralfic /parking
10230 CPTA Traffic/MisdlVic. Assam— -------
10.456 Indigent Defense
30.446.401 Sewer Sery cl e/USA
30.446.402 Sewer Se►vice/City —
31.447 _ Storm DrainaoP ------
40.475 Bancro�r►n. Pymt
40.471 Bancroft Int. Pymt. _-
10.451 Other Chargesfor Servicq—s
----- `—.— _� TOTAL '---
t
DEPT. . ,
GREAT NORTHWEST MANAGEMENT CO.
7638
MEADOW CREEK - Offsite inspection fee for sewer connection under
city street
1200-50 1D
Great narthtuest
Management Company
February 5 , 1985
Mr . John S . Hagman
Engineering Technician
City of Tigard
PO Box 23397
Tigard, OR 9'7223
RE: Meadowcreek Sewer Easement
Gear John:
Enclosed are two executed city easement tor.ms for ttie purposes of
granting the city public easement rights tur the purpose at sewer
installation and maintenance.
These are being returned to you at the request of Norm Harker , of
Westlake Consultants , Inc .
Please do not hesitate to call it i can provide additional
information .
Si -erely,
Robe G .\Johnsun
Preside :t
`.<GJ : t r
Enclosures
N Harker,
1.,355 S. W. IAurray Blvd. • Beaverton, Oregon 97005 • (503) 641.5100
w•.a ,a,t..Y.n,.,y..nY�N.oI. rtY+s'ta✓.:,.:.,w..tia aia.,a.ierrwww�w+IMrr.M�.•aw.adhr.,c..r y.,....�w..,w.r..,.n u. .. ._..
LUAILL
- i.MfpFWYY�M+.•.M... . ....evu.....m.u..r.1.r_+w,Ya
January 31, 1985 C'TYOFTIARD
WASHINGTON COUNTY,OREGON
Westlake Consultants Inc.
7.145 S,W. Varna Road
Tigard, Oregon 97223
ATTENTION: Mr. Norm Harker
RE: Meadow Creek Sewer Easements
Dear Mr. Harker:
Enclosed, please find two City easement forms and, therewith, copies of
City reviewed legal descriptions relevant to the proposed public sewer
installation at the Meadow Creek site.
Please forward both of the aformentioned to the property owner for
execution, noterization and subsequent (intact) return to the City.
Very truly,
John S. Hagman
Engineering Tech.
cc : file
encl .
0967P/dinj
— 12755 S.W ASH P.O BOX 23397 TI D. OREGON 97223 PH:639-4171
Unified Sewerage Agency of Washington County
150 N. First Avenue
Nil I%boro, Oregon 97123
503 648.8621
January 17, 1985
City of Tigard
PO Box 23397
Tigard, Oregon 97223
Gentlemen :
SUBJECT: MEADOW CREEK,
The construction plans on the above-referenced project
have been approved by the Unified Sewerage Agency. if
you have any questions , please do not hesitate to cull .
Sincerely ,
e 14?w/'_4` 0
Terry r'hamberl i n
Design Lng ineer
TC:,jb
Enc.
'1? 4HR
Westlake Consultants Inc .
7145 S.W. Varns Rd.
7igord, Oregon 97223
n J J 1 _ —�� 503-ciu4-0652
�`�.� _
Meadow Creek
Sewer Easement #2
January 17, 1985
LEGAL DESCRIPTION
A 15 .00 foot wide strip of land situated in the N.W. 1/4, Section
34, T1S, R1W, W.M. , City of Tigard, Washington County, Oregon,
being more particularly described as follows:
commencing at the West quarter corner of said Section 34;
thence, North 0010148" West, along the West- line of said Section
34, 40. 00 feet to the true point of beginning;
thence, North 89°54150" East, parallel with the South line of the
Northwest one-quarter of said Section 34, 49.76 feet;
thence, North 2700011.6" West ; 16. 62 feet;
thence, South 8 !054 ' 50" West, 42. 17 feet to a point on the West
line of said Section 34;
thence, South 0°10148" East, 15.00 feet to the point of
beginning.
= ENGINEERING / SURVEYING / PL_ANI`JING
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Westlake Consultants Inc .
7145 S.W. Varns Rd.
Tigard, Oregon 97223
503-684-0652
MEADOW CREEK
SEWER EASEMENT
January 2, 1985
LEGAL DESCRIPTION
A 15.00 foot wide strip of land situated in the N.W. 1/4 , Section
34, T1S, R1W, W.M. , City of Tigard, Washington County, Oregon,
being more particularly described as follows:
Beginning at the west quarter corner of said Section 34;
thence along the south line of the northwest one quarter of said
Section 34, North 89054150" East, 1.5 .30 feet;
thence North 0010 ' 48" West, 40. 00 feet;
thence South 89154 ' 50" West, 15 . 00 feet to a point on the west
Line of said Section 34 ;
thence, South 0010148" Fast, along the west line of said Section
34, 40.00 feet to the point of beginning.
I
i,, PL_ANfJING
---- ENGINEEF11n1G SLJRVEYIt`,
-
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RE:
Dear: M�_, 11A�_►�_ct�
Enclosed please find the Compliance Agreement and Performance Bond (forms) for
said project. After signature by the principal(s) and notary and, in the case
7f the bond form, by the surety, pl-?ase return both docamentg f< r City
execution and acknowledgement; copys will then be transmitted to you for your
file.
Thereafter, the approved public improvement construction pli 7 be issued
upon receipt of a check, in favor of the City of Tigard, Oregon, in she sum of
$ being the said agreement (th.-r-ein stated) .der&si .Afee(s) .
Sincerely,
John S. Hagman
Engineering Technician Iii
(JSH:cz/0743P)
Enclosures
WESTLAKE CONSULTANT! NC. LETTIE
7145 S W Varns Rd.
TIGARD, OREGON 97223
DATE-�—_—- --- JO! NO.
11 �
Phone 684-0652 ATTENTION
RE ----_—
ro { i Ilio Iillc,
WE ARE SENDING YOU LJ Attached C7 Under separate cover via_ the following items:
❑ Si,op drawings [ Prints I Plans f_I Samples 1_I Specifications
❑ Copy of letter ❑ Change order
COPIES DAIE NO. DESCRIPTION
I
I
THESE ARE TRANSMITTED as checked below
® For approval Cl Approved as submitted ❑ Resubmit _.copies for approval
❑ For your use CJ Approved as noted C.) Submit___ copies for distrihution
❑ As requested ❑ Returned for corrections ❑ Return_ -corrected prints
❑ For review and comment Cl
U FOR BIDS DUE 19 I , PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO_ !
SIGNED: t
"wort 240? /iVwis'MIN If enclosures are not as noted, kindly notify us of ones. A
C1.1'Y OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: October 15, 1994 AGENDA ITEM #:
DATE SUBMITTED: October 9, 1.994 PREVIOUS ACTION: NOW
TSSUE/AGENDA TITIF: --outhorization
to execute in behalf of the City_. _. PREPARED BY: ...J2t-in—Hagman
San. Sew. Easement
_American Guar. REQUESTED BY: _Engineering Services
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
1 . The attached Sanitary Sewer Easement document provides for the creation
of a public sewer easement right--of--way; to facilitate (future)
maintenance of a "soon—to—be—instal.led" sanitary sewerage main line.
2. The line is proposed to be installed by a private developer and will be
located as illustrated on the map included with the easement document .
I It is recommended that the Council act to accept the easement and
authorize the Mayor and City Recorder to execute same in behalf of the
City.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Accept the Easement and authori--v the Mayor and City Recorder tt- execute the
document in behalf of the City .
(JH:bs/0699P)
Frojec
Easeme:.�:
Deed Reference:
KNOW ALL MEN 1;Y THESE PRESENTS: That we (I)
AMERICAN GUARANTY LIFE INSURANCE COMPANY
areinafter termed grantor(a) , in consideration of the sum of $ 1.00
i Us paid by CITY OF TIGARD, a municipal corporation of Oregyi�e nester
armed the City, hereby grant, bargaii, sell and convey unto the CITY OF
IGARD a perpetual right-of-way and easement as hereinafter described, to-
ether with a temporary right-of-way and easement to use an additional area
areinafter described and designated temporc,ry casement, for the following
sea and purposes:
Perpetual easement:
An unencumbered perpetual right-of-way and easement for the
purpose of constructing, reconstructing, operating, maintaining,
inspecting and repairing of an underground sewer line and
appurtenances, together with the right to remove, as necessary,
vegetation, foliage, trees and other obstructions within the
easement area, but reserving to the grantors the title to the
lands, subject to the easement, and the right to make such use
thereof, except to construct buildings,
as will not interfore with dirt uses and purposes of the easement;
EXHIBIT A
The following described strip of land being situated in the N.E. 1/4 and S.E. 1/4
of section 33 township 1 south, range 1 west W.M. city of Tigard, washington
county, oregon.
Beginning at a point on the center lin of S.W. Summerlake Drive, S-59° 15' 08"-E
25.00 feet `rani the S.E. corner of lot 33 of Amart Summer Lake; Thence: along the
center line of a 50.00 foot wide strip of land being the proposed future extention
of S.W. Sunmerlake Drive, being 25.00 on each side of said center line along the
arc of a 322.16 foot radius curve having a central angle of 27° 10' 17" ( the chord
of which bears N-17" 09' 44"-E 151.35 ) the arc distance of 152.78feet being to the right
of the chord; thence : N-03° 34' 35"- E 8.84 feet to the terminus of said 50.01J foot
wide easement and the beginning of a 15.00 foot wide easement heing 8.24 feet to the right
and 6.76 feet to the left of a line bearing S- 82° 09' 46"-e 144.06 feet to the terminus
of the easement.
It shall be understood that the side lines of the easements shall extend nr shorten
to intersect the controling boundry.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands
lying parallel to, along the sides and within C5 feet, when
measured at right angles, of the above describe—T Perpetual easement
area, excepting and reserving to grantors the unencumbered enjoyment,
use and preservation of all structures present upon the premises.
Phis temporary easement shall terminate upon completion of the sewer
construction work, at which time, upon request of the owner, the
City will issue a written release thereof.
AMERICAN GUARANTY LIFE INSURANCY COMPANY
YL•f i c �—
AM:S R. HOWERTON, PRESIDENT
Page 1 ��-y--� ) "j
Easement
�. M -P� FORD; RF.TARY
STATE VF ORWOU )
-�-- )s s.
County of 7_�' z _) /On//this 11, day ofixr ,19��/
uuforu me appeared _ �1�s�., �1rLut�.JOh _ and
, 'a
�'' both to me personally
iowpilio eing duly sworn,
1.s the Presidr.nt, and lie, the
is thSe
e cretary of -;!7" L-A"-
the within named Corporat on ani that the seal11ixe to sa nstrument is
the corporate seal of said Corporation, and that the said instrument was
uiyned and scaled in belialf of said Corporation by authority of its board of
Directors, andand
acknowledged said instrument to a 1e ree act an eecT—ossa Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed my official seal the day
and year last above w 't.ten.tdotary t�y8�f c or gon.
My Commission expires_ J//"
ACCEPTANCE
Approved as to form this day of _ 19
By:__
City Attorney - City of Tigard
Approved as to legal description this day of 19
By
City Engineer - City of Tigard
Accepted by the City Council this day of , 19
CITY COUNCIL, CITY OF TIGARD, OREGON
By:
(1704A) Re__
City corder - City o—f Tigard
(7-84)
Des-- AMD EASEMEIJZ
AREA ,
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LAKE ,
LILY .
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Great northt gest
Management Company
August 14 , 1984
Mr. Randy Clarno,
Engineering Services Manager
City of Tigard
12755 SW Ash
Tigard, OR 97223
RE: Perpetual and. Temporary Easements from American
Guarantee Life Insurance Company to the City of
Tigard
Dear Randy:
As we discussed on the phone . attached is an original
easement being giver. by American Guarantee Life
Insurance Company to the City of Tigard. As I mentioned,
we will need this easement in order for us to hook-up
our proposed developement behind the Greenway Town Center
on Schools Ferry.
I would appreciate your taking the necessary action to
have this easement accepted by City and return to me a
copy of the accepted easement for our records. I will
see that American Gurantee Life Insurance Company gets a
copy of this acceptance.
Do not hesitate to call me if you have any questions.
Si. erely,
Ro e t G hnson
Pre ident
RGJ:tr
Enclosure (1)
5355 S.W. Murray Blvd. • Beaver,on, Oregon 97005 0 (503) 641.5148
Westloke Consultants Inc .
7145 S.W. Vorns r�d.
Tigord, Oregon 97223
Kgl
• 503-684-0652
- - ---- - -
MEADOW CREEK APAR"14ENTS
COST ESTIMATE
FOR
OFFSITE IMPROVEMENTS
Sanitary Sewer $12 , 200
— �—'-
ENGINEERING i `iJRVEYING / PLANNING
i I Vl _ .... ....�,
DEVE;r,OPt:ENT PROJECT
GEN .RAL J�4,F0 j,iAj'ION SHEET
I. PROJECT No. :
�,uW. 1Jap�'tN�A�� "ST, SA►,,+� SF.t�. Ex'C ,
I I . PROJECT NAME:
III. DRAWING (TITr,E) - Jl.i t
IV. PLAT (TI'T'LE) _ dated :
V. SITE LOCATION: --
4
VI. PRINCIPALS:
(1) DEVELOPER:
G,0."T $N*OR11u ,1T 1�1Ma�4Q.N �AtiE`�I��oyLi��
Address_53^ 5 3•W—MVIL"I� Phone No.lt4_""Q_•
15"% i,*9094 l OR. 1100%
(2) DEVELOPERS SURETY AGENCY: _--_-_
r
Address Phone No._
Bend ivo. Exp. Date _
( 3)
ENGINEER: 14
Address 1i45 -S,W•vkRNS bb Phone NoA*%4 '06%z,.
(4) INSPECTOR:___��—_
Address_— ----- _^__.__. -._—' Phone No .
(5) PRIME CONTRACTOR: -
Address P^hone No. _
(6) COl;,rRACrURS SUi El"i AGE NC'Y :
Address .. ..._._.__._.. ._ ._.._._• Phone No.. -
Band No _ ._._ ------- _.____�� Exp. Date . --