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COOK LANE & SW 107TH AVENUE -� N( k7 + J gw #0 so r C Awl V In n (' Z • Z TI W A_J W W z > Z C _J J 0 z W d tA CJ 71 <) 0 W F_ C? cc Ila W 01 Ul '0 C: C "T'r CO 0 0 z 3 40� > ul 3 0 J he tA vi -6 I�fN Zu 0 0 va 4 7 '2 5, 4- -7 7 L�A-r I(Do 1 3 0 71 5 6 A C-, e.K MT I Q(q > LA T 7+/6 CONSTRUCTION NOTES _T__ L_ - Z-7 ' - (2:,C_). I Es +0 1 Z, L-14117- 7- -S C) -7, 6"I-AT ell, L_-&Z1_ I/ L= 19�,62111 of L 20, 1. C) -71 D All conctruction to be c-nforrrance with the standards the City of Tigard and the Unified Sewerage Agency. I;r_?_ EX(S L,Lg any 2 . The Contractor shall be respcnsible for obtain ' S.W. 107th AVE, !W­V_ I - 2 �_ -- ____--777�_ =� -_ =# —, work on this project . W (D+ - .t. required permits before commencinc� any Any inspection by the City or f field observations by the z 4. in any way, relieve the shall not , developer ' s engineer 4 1 C-)1 4103 + Contractor from an obligation to perform all work in A • compliance with approved plans and the City ' s SLandards. r LU on 4. The location and depth of Any underground utility shown E X►r t_5T these plans proximate. These utilities are shown using Clow K4EAC__4T 1z guarantee i=-x vvrr. t-� the best information possible and are in no way a "=Pe-r JrA 0 IL � I of location and/or depth. ExcAvArckmvsTc_omPLvwrr#4 ot% ?I;7.S4I Any a ' teration or variance from :.hese plans, excipi- minor k W field ad-it to meet existing conditions, designated C) representative. Any changes to these plans shall be document(:d on construction field prints and transmitted to the deve.i.oper ' s engineer . bhM%,%0Aq To e:1Lj%TIW(A V)6C%u%T12:S 6 . The Contractor shall be responsible forv/c-oordinating the • relocation of buried and overhead utilites. >0 7. Before commencing construction, Contractor shall notify all companies or agencies with underground facilities in project W > area. 8. All P.V.C. shall conform to ASTM specification D 3034. < 9. An os built myJac shall. I e pro\ii-3ed Co the City by '-Lie Engineer . Or 10 . An air test and -r.v. inqPect-ion ropodc and tape rhall be 4 provided to the City byTOIL ItEVieW Se APMOVAL Cr_ r%ft oat1ractor to p.:ovide +raffic *";;1 , one lane. to remin 0 ripen at all times . N0TJ1F%( M-t- 1KPXCnb 0WQEXS91P% 4-8 HES MOIL Ta r_omKckxo-_%4 woom . wwroxy cirry S 1A rtc,► M 10 P. To 0.,: 104 wolty'. CLASS co - CLASS C r_,PbiT"r__MW_ No 5 A&CA4 MaPt To W01tKit-4 Ve:V2_r, SURFACE RESTORATION MOUND EXCESS NATIVE MATERIAL AS SFW+CIFI."D OVER TRENCH TO ALLOW FOR SETTLEMENT ?A .... .... ......... -L1 N. 40 . . . . . . vv� UNDISTURBED UNCMSTURBED • 4EART" EARTH COMPACTIED 40 P. Cl FAN FILE Copy 0 z ELL-GRADED Ki 4* 0 Catipm NA1 IV E sco. MATERIAL APPROVED FOR CONSTRL:CTION N E.X� 1.. \ / z CITY OF TIGARD a 2511 E5 77 .324-J7 VAT0. ev SELECT MATERIAL L -LEAN WELL-GOADED 5/4'-0 Oate CLEAN WELL-GRADEDCRU010) ROCK REOWED WITH PIPE O.D. 3/4 0 CRUS®MOCK PVC PIPE) . . : . . . .. . . . . . PLU3 6" .. . Do-own By: J CLASS P PIPE BASE PIPE USE TO ­eEz CheckedBy: BACKFIL.AL SPIRINGLINE PIPL PASE =51 �0� I=-- -C_ Revisions: CDW, 1 q ( ,-,, 4- MIN. FOR PIPE SMALLER THAN 24 A-P0 wol'&-s Poll, 2 t 6"Iklifff. FOR PlFw. 24" IND LARGER -u. Q 14 PIPE BA)m N MATERI FZ4 b8 -4 <�j EXTEND 5.S� R ADD V1 CO. 5TA 7-19 #//9/89 t i` r + --0 ,n Q(`�(� W W Www 11F114111ft T R E N CH, BACKFILL DE rAILS 04 �10 �A QAD DRAWMIG Sheet PRINTED WWW w04 ;��'ION SUPPLIED V PER eON-MACTORV/24/88 APR 21 1989 JW O 0F. . WedlAs Corinbr.3, Ir:.. Of ST. CPN . PERMIT Je Jub No. -r- C)"Z AL + + 4 -iI-0c> A-5 + CDc Zo + 7+00 79 4W NOTE: IF THIS MICROFILMED 2 3 4_ 5 6 9 �'01 I 12 DRAWING IS LESS CLEAR MAN THIS NOTlCki-11 IS DUE TO Iff QUALITY OF THE ORIGINAL DRAWING, 0C 62 9? 19 92 92 1►2 Ce ZZ Iz o? 61 81 11 91 21 I'l C1 z I 11 01 V, E 9 III if loll I if it 111111111111111 MARCH 30 19 9 2 a:r .a ✓iw...w+swwin.wv,www«...wW.,.....�,,,............ FILE NO. 107TH AVENUE, N. OF FAIRHAVEN ST. CTG OPM DRDMTM w.aia5+rwanM1+ a I CORIEGON F TIGARD February 19, 1991 ,,,,,-) Miller and Sons Contractors, Inc. Rt . 5, Box 62 Sherwood, OR 97140 RE: Street Opening Permit # 326-89, Assurance Dear Mr. Miller: In the matter of the Street Opening Permit Performance Bond # 012367, in the sum of $3, 840 . 00 between P. Miller and Soas Contractors, Inc. and Contract3 is Bonding Insurance Company and the City of. Tigard, Oregon; this is to serve as written acknowledgement that the City has no further interest in said bond and, therefore, declares that this assurance obligation is void If you have any questions regarding this matter, please contact John Hagman at # 639-4171 . Sincerely, Randall R. Wooley City Engineer 'ij/1 m6sc.11i 13125 SW Hall Blvd.,P.O.Box 23391,Tigard,Oregon 97223 (503)639-4171 -- ------ -- WESTLAKE CONSULTANTS, INC. Engineers, Planners & Su, cors L, ' TT `d m QF UTUOMATT UR& Hilltop Business Cent 7340 S.W. Hunziker Suite 204 TIGARD, OREGON 97223 DATE p - roe No Phone (503) 684-0652 /_ L— o3- —1—L—I- ---�—�_ {/ FAX (503) 6224`.0157 ATTENTION RE ING -- � _ 1951-_ -- - - -- -- WE ARE SENDING YOU Attached ❑ Under teparate cover via_ the following items: CJ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES _ DATE NO. — _ DESCRIPTION i 01 - T THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted FJ Resubmit__—_copies for approval 61i For your use I`l Approved as noted ❑ Submit--copies for distribution 51 As requested ❑ Returned for corrections ❑ Return corrected prints L] For review and comment C1 - O FOR BIDS DUE------ -- _.—.�19 _ ._ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS.- --- COPY TO SIGNED: Y P,npu i,4,p !Mwk som iks flail It enclosures are not as noted, kindly notify us of once. III -- January 17, 1991 CITY YOF TIGARD OREGON Mr. Randall Olszewski Westlake Consultants, Inc. 7145 S.W. Varns Road Tigard, OR 97223 RE: Sanitary Sewer As-built Mylar Drawing Dear Randy: I find I 've yet to receive one as-built mylar from yourself for a small sanitary sewer extension job. The extension was done under permit #326-89 by Miller & Son's, Inc. . The extension work was detailed on a drawing titled "Sanitary Sewer S.W. 107th Avenue & Cook Lane (your job #317-02) , revised 4-14-89" . The extended line, service lateral, and C.O. need to be documented by an as-built of record before I can release Mr. Miller' s bond. Therefore, at your earliest convenience, please send the described my.lar as-built drawing (to my attention) . Sincerely, John S. Hagman Engineering Technician dj/F.NCWCi1-ru-wc.JH 13125 SVS/Hall Bled.,P.O.Box 23397,Tigard.Oregon 97223 (503)639-4171 ----- CITY OF TIGARD SANITARY SEWER LOW PRESSURE; AIR TEST DATE: ��' 99 INSPECTOR: PROJ1xT: D 71,1 to o(�- H^-------� ---—----- - F T LE: CONTRACTOR: z / ' lx-Cy / f DYtS'� TEST SECTION: FRCM: ' /S d U� Diameter (d) Length (L) K= .444d2 Ground water back pressure inches feet Feet Head into lbs. per sq. inch Feet P.S.I. Feet P.S.I. Head Head 1 .43 6 2.60 413 2 .87 7 3.03 `-`- 3 1.30 8 3.40 4 1.73 ) 3.90 5 2.17 In 4.33 Totals _. ------_. If total C value is less than one: use K value for tg If total C value is greater than one: Divide total K value by total C value to qet tq. (tg) Time required in seconds r� 7 ,,I-e-c , Actual loss' Result: Recommended Procedure 1. Clean and plug x,11 outlets with braced test plugs. 2. If pipe in submerged in groundwater, increase test pressure. 3. Add air slowl} to 4.0 psig, disconnect air supply, and check for IL'aks. 4. When pressure decreases to 3.5 psiq start stopwatch, determine the bilk, interval to reach 2.5 psig. 5. Compare actual loss with time required by specification. �/ 1M21 vt�Z��l Yln'?•1r�`� j cJJ .'�`t C' //�?2-/1f!� e,-s ,�S N1C-A 11 � 4C Gtru�ir-L.�rce ,cc�c`l 1v\\ek�e�rs vo/�'c�-V� I s �joes- �,s r �'"--s-/) , O ef-z.�-t @'►� � (P1� cease /,C- s � �:.�►.se�� � win LX)e- w I1 1n W e 2� -ul� / a�t��• - tomer r �Z; 3t) , . , 4>>S .� . ,��scst ss rd M., r.<< Ike- . S/tom' T'io+� u,/ / +. Mrs )Yew I r , IL-Al VL � G. C. e,L e q7. 64A ' 1_1 V41 21 F R I i s : 3 ORE si r_. 50324Z2944 F• . 0 1 UIDONNIELL, RAMIE, ELLIOTT So CREW JEFFBACHRACH ATTORNEYS AT LAW CHARI_FS t^ CORRIr Ar-0 CANBY OFFICE_ STEPHENCREW BALLOW & WRIGHT BUILDING 181N GRANT.SUITE 202 KENNETH ELLIOTT 1727 N W H,01♦5-FEET CANFJV,OREGON 8701 KENNETH FOX PQR%ANR {x031 2E6 1149 OREGOGtg720fl _ PHILLIP C GrrILLOWILL �--- C 1DOJ1222 u _-- iAM Ar MQNAHAN MARK P 4bpNNEL� FAX 1309 249 2tI44 MAR TIMOTHY Y.RAMIS WILLIAM J,STALNAKER ♦LEASE App.ro•Op*l Ak'o•or,CE I — •ACRO ADMITTED TO PRACTu7f M STATE OW WASHINGTQN Post-it"brand fax transmittal memo 7871 "ospagea r �,� Tune 2, 1989 , 2 11 Co, Co. _ Dept home 2,7,; - T Q 2- M M� . Charles J. McClure Fax "' 7 A torney at 1,aw 950 S.W. Tigard Avenue Tiigard, OR 97223 RE: City of TjgardfDavid a d Rebeg� .Aj2gli Sewer Easement Dar Mr. McClurg: 0r office represents the City of Tigard. I am writing in response t your letter of May 24 , 1989, wherein you question the appro- p iateness of the city's issuance of a sewer excavation and c nstruction permit to Michael Mattychuck 'runless and until (the t: colis and Mr. Mattychuck) reach agreement as to the matters in [your letter to Mr. Mattychuck dated May 24 , ]989) . 11 I have reviewed my client 's files, and your loAte"r of May 24 , 1989, tc Mr. Mattychuck. Given that you and your clients recognize that they conveyed the easement in question to the City of Tigard, and g;tven that the City has no doubts concerning the accuracy of the description of that easement in the conveyance document, the City i tends to issue the permit to Mr. Mattychuck and gxpP(,tn that construction will start Monday or Tuesday of next week. I A you might have already bean informed, the City has an agreement wth Mr. Mattychuck that the sewer will be in the City ' s ownership, M . Mattychuck and his contractor are entering onto the city's a sement for the purpose of constructing a sewer line for the city ?+>�y attempt, to obstruct the construction efforts will be deemed A __Y. olationae _subject easement agreement, and Could well consti- _ t to t�sspass on-the easc„1st -oanveyed__by_your clients to the City ” or constructing, reconstructing, operating, maintaining, inspec--- t ng and repairing of an underground sewer line and appurtenances t gether with the right to remove, as necessary, vegetation, foliage, trees and other obstructions. . " " A4 for the other concerns raised in your letter to Mr. Mattychuck : I i r Uha — 2 - 89 FRI 1 '@ : 40 ORE & C 5032432944 P 02 I I I M�. Charles I. McClure June 2, 1989 page 2 i l ( ) 1 The City has approved the construction plans and will ensure Ithat the project is performed pursuant to all appropriate code requirements; (2) There is no need for Mr. Mattychuck to obtain liability insurance for your clients, unless they have failed to disclose dangerous .;onditions on the property of which trey are aware--if you disagree with this analysis, let me know; (�) As for a maintenance bond, the City has required the same as a condition of its permit. Because of the short turnaround time involved in this matter, I wanted to make sure that the City' s position was outlined to you J, writing as soon as possible. I encourage you to give we a call w I th any questions or suggestions that you might have. T is the City's sincere desire that all the parties involved will alren as to the City' s entitlement to proceed as outlined above, ire rel yo rs, Charles E. Corrigan C C/mch1~ OOT c�.: Mr. Randy Oa' rno, City of Tigard i /7-i 59 IILA A�J'u N I nPPI.ICATION -- STREET IMPRt -MENT/EXCAVATION COPY TO: ORDIN ,CE NO 74-14 a (WHITE)-FILE Xa (YELLOW)-INSP. (INSTRUCTIONS ON SEPARATE SHEET) (PINK)-OTHE'I AGENCY Bldg (BLUE)-APPLICANT APPROVED X APPLICATION NO. - __;J7/ — NOT APPROVED CI I OI- IIGARU, OREGON FEE AMT. s 153.60 PENDING FEE. PMT. ❑ CITY IIAI.I, RECEIPT,- c--"nIC'4-07-3 PENDING SECURITY ❑ PUBL IC WORKS DEPA R TMEN T BY I _ _ DATE. } � PENDING AGENCY "OK" E] Application and Progress Record - - _ _ _ - _ _ _ MAINTENANCE BOND * PENDING INFORMATION ❑ FOR STREET IMPROVEMENT/EXCAVATION AS REQUIRED X 1W-70—r- -- q� PENDING VARIANCEi] EX- OANNUAL RAr1N DATE' Oneoar PERMIT NO.. 4 �_9 , DATE ISSUED: - __-1-� ! cif _ , BY: --t , �"� ---- (1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTAL.!_ an 8" anitary-_s_ wer..line_and__ appurtances AS DESCRIBED HEREIN, IN FULL ACCORDANCE WITH CITY REQUIREMENTS. APPLICANT Miller & Son, Inc. Rt 5, Dox 62 Sherwood, OR 97140 625-6562 NAME ADORE$$ ._ ______..-.__..._______..___-_. CITY PHONE CONTRACTOR NAME ADDRESS -- GI—T ---- PLANS BY 4estlake Consultants, Inc._ 7145 SW Varns Rd. Tigard, OR 97223 684-0652 -� NAME ADDRESS _ _-_..._-.___-___ ,- ---.--_.—_'HONE ._— ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): S _3,840.00 _ (2) EXCAVATION DATA: FOR OFFICE USE MIN _ 0.04 x S_�1$4y•44 f _153.60 STREET DESCRIPTION PROGRESS & INSPECTION STATUS NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS/TYPE BY _TYPE LENGTH WIDTH DEPTH ITEM A pUANTITY SW 107th Pme. uni roved) (see a tachedpllan) STREET Public Ea ement (3 rfaced) - INSPEC- — R TION E '- Q ESTIMATED STREET OPENING DATE: unknowrY yet_1 - S ESTIMATED STREET CLOSING DATE: / T E D +I SECURITY NO. SEC-,CRITY AMT: s 3 840.00 STREET -��� , CLOSED _ SURETY CO CCz11tt�7. -_ Kd/ � �C� FINAL C E R TO FIED CHF Lk CASH U GOND INSPEG. (4) PLOT PLAN INDICATE SITE PERTINENT PHYSICAL SPECIAL PROVISIONS CONDITIONS FEATURES: EXCAVATION LOCATION AND EXTENT. 1. See attached plan for construction details and II i - provisions - conditions. 107th Ave. ,Work area I I (see attached plan) (5) NOTE THE: CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON THE APPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES. TO COMPLY WITH ALL PERTINENT LAWS AND CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE W^RK, AND TO SAVE HARMLESS THE CITY AND EMPLOYEES AGAINST ANY INJURY OR DAMAGE WHICH MAY RESULT FROM APPLICANTS ACTIONS � APPLICANt551GNATUREXV&1A-C DATE 62 _�, �/ 06/02/89 12:21 $503 684 7297 CITY OF T:GARD 2001 ACTIVITY REPORT TRANSMISSION OK G TRANSACTION # 0954 CONNECTION TEL 2432944 CONNECTION ID City Attorney START TIME 06/02 12:21 t'� -�- USAGE TIME 00' 40 PAGES 1 06/02/89 12: 19 1$503 R84 7297 CITY OF TIGARD 001 ACTIVITY REPORT TRANSMISSION OK TRANSACTION # 0953 CONNL'CTION TEL, 2432944 CONNECTION ID City Attorney START TIME 06/02 12: 17 USAGE TIME 01' 34 PAGES 2 06/02/89 12: 16 e503 684 7297 CITY OF TIGARD ACTIVITY REPORT TRY TRANSMISSION AGAIN ERROR PAGE 4 TRANSACTION # 0952 CONNECTION TEL 2432944 CONNErTION ID City Attorney START TIME 06/02 12: 13 USAGE TIME 02' 34 PAGES 4 poLenLial public street, it is necessary that: additional setbacks be established at this time. A 45 foot setback will assure adequate .pale for 25 feet of r•ighL--of-way and 20 additional feet of setback. C. f DECISION_ The Planning Director approves MLP 87-11/V 87-23 subject to the following conditions: 1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHOLA. BE MLY PRIOR TO RECORDING THE MINOR PARTITION WITH WASHINGTON COUNTY. 2. The partition survey and legal descriptions shall be submitted to the Planning Director for review and approval. THE FOLLOWING CONDITIONS SHALL BE MET' TO THE SATISFACTION OF 1H[ ENGINEERING DIVISION. 3. Half-street improvements will not be required on Cook Lane due to the developed condition of the imme4iate neighborhood. A waiver of remonstrance for the future development of Cook Lane small be executed by the applicant on City forms and shall be reviewed and approved by the City prior to recording. The existing right-of--way width of 50 feet is the current standard; therefore, no additional right-of--way is required. STAFF CONTACT: JON FEIGION. 4. A private street access easement will he allowed to serve the 9 lots. Joint use and maintenance agreements will be required to accompany the easement for each lot which will access the private street. The agreements shall be referenced on and become part of all applicable parcel deeds , Agreement forms are available from the Engineering Division. STAFF CONTACT: JON FETGION. 5. The private street- shall be 24 feet wide from Cook Lane to the turnaround and shall be a minimum of 3 inches of asphaltic concrete on 6 inches of aggregate baserock in all locations . The turnaround shall be a minimum of 24 feet wide and either be a 45 foot radius cul-de--sac or a hammerhead with two 40 foot extensions from the main road. Curbs and sidewalks shall not be required. Parking will not be allowLid on the pavement. Signs must be installed indicating this parking rastr-ic.tio.tlSTAFF CONTACT: L,ARY ALFSON.____. __ -•------ 6. All public sanitary sewer and water utility lines shall be accompanied by a 15 foot wide public utility easement. STAFF' CONTACT: GARY ALFSON 7. A 5-foot -aide concrete apron shall be required across the paved private street at the entrance to Lho private street. A street: opening permit shall be obtained from the Engineering Division prior to construction. NOTICE OF DECISION - MLP 87--11 V 87-2 ICOLI PAGE 5 06/01/89 09;57 $513 684 7297 CITY OF TIGARD z ool ACTIVITY REPORT ./I / 6) cr i SO 3 TRANSMISSION OK TRANSAC110V # 09,10 �T p T� .O .rs CONNECT ON I EL -24a2944 e CONNECTION ID T Itv Attorn �' r`4- R START TIME USAGE TIME O3' 43 PAGES 6 — fc c�ruc� yl�.`\Q��a. v..•'tS "2 551'6'Clv... y�.�-1 a t c•ta•� ttt���\^^^ y N4 1 tv. u i r e.. N\r\M e �c�n��k `c+e5+�1�zeta► �,,.,�.�''�..."°" /�\ G ` e i7 \ � IR ` w z�yak (�a�ttt• 'C. Voacl� 'k��l �lS p�CfSf'•l Ort-1 t��•f► t.�,\ ,1� uc_\< wa-5. z\Ft�,_��1� �" v;"_6�� (�r jM•y�t.'✓�y 3 L� KCS i \�'R�r�• S �\4v 4*Itl 1 I� ask, y � E' 1 �M�PC.,!`-,..,,,� S�:s SLS L��7J �' le ec,ll / C rs P4 ry//�!l/7�+✓d` �rf� jr, 4r l ox! /f ivy >�'frr/{fj �i✓c �Pf!- /or 0.4q CITYOF TI�ARD May 30, 1989 OREG*N Mr. and Mrs. Michael Mattychuck 10685 SW Fairhaven St. Tigard, OR 97223 Dear Mr. and Mrs. Mattychuck, This information is provided in written form in response to your request of May 26, 1989. 1. The present fifteen foot wide public sewer easement (We. Co. File No. 88-28985) extends southerly from the intersection of. SW 107th/Look Lane, approximately two hundred thirty-three feet, to the unnamed, undeveloped, dedicated street right-of-way stub which is located west of and adjacent to your tract. Yes, it is the City's usual and customary practice to only accept sewer easements which enable unsewered up-stream ownerships to access new lines; I feel confident that this easement was not mistakenly drafted in its present configuration. If we did not specifically mandate "throughness" in our initial review, we would certainly have done so before permitting construction. 2. Review of, approval of, and issuance of your (^.pecifically proposed) construction plan, including the mandate for posting an assurance and payment of a permit and inspection fee, rests solely with the City. 3. The City is ready to issue your construction plan/permit, upon posting of an acceptable $3,840.00 performance bond and payment of the $153.60 permit and inspection fee. Sincerely, John S. Hagman Engineering Technician j 1 e Ce 13125 SW Hall Blvd.,P.Q.Box 23397,Pgord,Oregon 97223 (503)639-417'. - - - - - --- ------ - r1+4C -�"'� �Sv�r`�•t�t�'D FSR- H��C.NU�ICS j STREET OPENING PERMI� , PERFORMANCE BOND �SOND NO. KNCW ALL MEN BY THESE PRESENTS that I _ P. Miller And Sons Contractors, Inc. _, as Principal, and Contractor's Bonding Insurance Company as Surety, are jointly and severaily held and bound unto the City of Tigard, Oregon, in the sum of Three thousand eight hundred forty and no/100 Dollars ( 3840.00 ) for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. THE CONDITION OF THIS BOND IS SUCH: That whereas the Principal herein has made application to the City Engineer of the City of Tigard for a permit to install a sanitary sewer main line extension within the City of Tigard Tigard, Oregon, under the provision of Ordinance No. 74-14 and 76-11 Code of the City of Tigard, and whereas said application was approved by the: City Engineer of said City and a perm'. t therefor issued, subject to and upon certain conditions, directions, stipulations, terms, provisions and requirements provided for in said permit, a copy of which permit is attached hereto and hereby made a part of this bond to the same extent and effect as If written herein and specific referer.ce now made to all the terms, provisions, specifications and requirements set out, declared and provided for in said permit; NOW THEREFORE, IF Tf1E Principal herein shall faithfully and truly observe the terms, provisions, conditions, stipulations, directions and requirements of said permit and shall in all respects, whether the same be enumerated herei•. or not, faithfully comply with the some and shall assume the defense of , indemnify an: save harmless the City of Tigard, its officers, agents and employees from all claims, liabilities, loss, damage or injury which may have been suffered or claimed to have been suffered to persons or property directly or indirectly resulting frum or arising out of the operations or conduct of said Principal or any subcontractor in the performance of the work under said permit and shall indemnify and make whole the City for any injury or damage to any street, highway, avenue or road or any part thereof , resulting from the operations or condu-t of said Principal. or any subcontractor in connection with performance or conduct of the work under said permit, and shall in all respects faithfully keep and observe all of said terms, provisions, conditions, stipulations, directions and requirements, then this obligation is void, otherwi:+e it shall remain in full force and effect . WITNESS our hands and seals this " tri day of May , 19 R(-) -P. Miller And/ Sons Contractors, nc. (Seal) d (Seal) Principal Coup ersf y Wi 1 I iam PiA & Insu ani 1530 SW Taylofortland. OR Address _orq ns Attorney-in-Fa t (JH:bs/0916P) MILLER & SONS CONTRACTORS, INC. 7976 ROUTE 5 BOX 62 625-0562 SHIERWOOD,OREGON 97140 May 24, —Is 89 ON I — PAY GROEOTOF HE * * * CITY OF TIGARD * * * �.. $ 488.60 * * * FOUR HUMED EIGHTY EIGHT DOLLARS AND 60/100 lj.S. BANK MILLER 8 SONG CONTRACTORS, INC. TwARo CRANCH RO.NOX 87308 TIOANO,OR 97022 UNITQO STATES NATIONAL BANK Of OREOON Hookup fee 335.00 (Matychuck) FOR Rem-opening-c-1`6 r60 107th St. Sewer Fit. -- i I I r til 1= C.0111'h;Ac1 (lF',,,y i i IdU1' 'f i'II.. )+:lf;r li ' ' "� r-r 1 _ � •- ,_�� � ,, - I� . 11..1. . re eM 'I c Y" «rt--'hw•M1nnr.w.. ,•,;�:. rw•.r -,,.,.« ;TT1"+*�''na. L`% p 7•..1 ,-c- / /��,..� /d,sr,.rzncC' I[fC-rhes All le S�z��v9 JesCNss,rc/ .J6ZAf- 7�6/�, e c�.St 6 f/S p � 4e 41,/ ��—/ /�►> 7 �'K� � i_,>✓ ��lk cur- /`1w.1.-,plc />/ e McCLUR.E 8 SCHWAB ATTORNEYS AT LAW 9250 S.W.l'I(-ARD AVENUE CHARLES J MCCLUKE TIGARD,OREGON 97223 FAX(503)631) i447 JOHN E.SCHWAB TELEPHONE(503)639-4108 RECEIVED May 24 , 1989 MAY 2 b 1989 �fmuttibr Dw�;�rnect City of Tigard 13125 S. W. Hail Blvd. Tigard, Oregon 97223 Re : Nicoli - Mattychuck Dear City of Tigard : Enclosed is copy of Letter sent to Mr. Michael Mattychuck on behalf of David and Rebecca Nicoli . We do not think it appropriate that any permits issue for the exte-ision of the sewer line in controversy, unless and until the partes reach agreement as to the matters in the letter. Very truly yours , McCJALI ,' & SCHWAB Y VarZles J. McClure CJM,sw Enclosure S.19 cc: David P. and Rebecca Nicoli MCCLURE & SCHWAB ATTORNEYS AT LAW 9250 S.W.TICARD .AVENUE CHARLES J MCCLURE TICARD,OKEGON 97223 TAX(1_,0{)61c, ,i-447 JOHN E SCHWAB -- TELEPHONE(503)639.4108 RECEIVED May 24, 1989 CommunKy Develepmert Mr . Michael Mattychuck 10685 S. W. Fairhaven Street Tigard, Oregon 97223 Re : David P. and Rebecca Nicoli Dear Mr . Mattychuck : We represent David and Rebecca Nicoli . Last week you agreed to pay the Nicolis $1 ,700.00 for a sewer easement to your property. This cost was based upon the amount the Nicolis would charge the other neighbors if they hooked up to the sewer line installed by the Nicolis, as a reimbursement of the costs to them of approximately $20 ,000.00 for putting in the line. Further, this cost to you was factored into the purchase price which you are paying for the property the sewer line is to serve. In short , you are receiving a benefit from the Nicolis having a value of $1 ,700 .00 . Now, you have told the Nicolis that you are not going to pay the $1 ,700.00 because the easement was already in place. The easement is there, but only because of a surveyor's mistake. The City only rPgni rPd the PaSPmPnt to on aG far aG the Bawer line, but inadvertently it was drafted so that it ran the length of the Nicoli property. There are further issues in this matter , which include approval of your constuction plans with the Nicolis, bonding and liability insurance. The Nicolis would require that they approve your plans prior to construction, that you have a liability policy of $1 ,000 ,000.00 naming them as co- 'nsureds for the project , and that you provide a 1-year maintenance bond for the work. These are all requirements that the Nicolis had to fulfill when they extended the sewer line. McCLURE Fs SCHWAB ATTORNEYS AT LANX' Mr. Michael Mattychuck May 24, 1989 Page Two Until the $1,700.00 is paid and the other requirements are met, the Nicolis will not allow you upon their property for construction of the sewer line. Very truly yours, McCLURE & SCHWAB Charles J. McClure CJM/sw S.19 cc: David P. and Rebecca Nicoli f !a:ESTLAKE CONSULTANTS, INC. Engineers, Planners & SL' yors L�IETTr 13 lJU' 'T1 A,Ka[01TTUn4 P— Hilltop Business Cent... U 7340 S.W. Hunziker Suite 204 TIGARD, OREGON 97223 DATE ---�,JOf! NO, Phone (503) 684.0552 S FAX (503) 624-0157 ATTENTi RECEIVED MAY WE ARE SENDING YOU )�AttechP"44a4r QWW1te cover via------- __.. the following items: ❑ Shop drawings ❑ Prints ❑ Plans CI Samples I Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 2 C_4N�(�yc.�'10� THESE ARE TRANSMITTED as checked below: 17 For approval ❑ Approved as submitted ❑ Resubmit_-_copies for approval f For your use EJ Approved as noted ❑ Submit copies for distribution `S>L As requested ❑ Returned for corrections ❑ Return _corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE _ 19 _. i.] PRINTS RETURNED AFTFR LOAN TO US REMARKS-_ __. . wllV IU SIGNED: IRMl A01 A H enclosures oro not •• noted, kindly netIfy us of ce 1 Westlake Consultants Inc. Hilltop Business Center 7340 S.W. Hunziker, Sjite 204 Tigard, Oregon 97223 503-684-0652 May 8, 1989 ENGINEER'S CONSTRUCTION COST ESTIMATE S.W, 107TH AVENUE SANITARY SEWER EXTENSION 8" PVC 73 L.F. @ $ 30 .00 $ 2 , 190 .00 6" Lateral- 10 L.F. @ $ 30 .00 $ 300 .00 Cleanout I ea. @ $500 .00 $ 500 .00 Connect to exist MH 1 ea. @ $500 .00 $ 500 .00 Pavement restoration 35 L.F. @ $ 10 .00 $ 350 .00 Total. 3, 840 .00 Ar 'A(( J.as1� _ ENGINEERING i SURVEYING / PL_ANN NG — S� LCA [ '•�- � `C5 _ v�tad► z���cs� � 1��- �'� rZe. f Wti+ML ` id�rtf! L/9��/Fc! iT7�1/-C i 01 Keel WESTLAKE CONSULTANTS, INC. EnginHiillltopP6 sines CA. yore LETT l 0 F URUMU1 O U U[A L 7340 S.W. Hunziker Suite 204 TIGARD, OREGON 97223 1 g Phone (503) 684-0652 bATf JOB NO FAX (503) 624.0157 ATTENT ' - 10 c�iy of -n R� - ,Joe WE ARE SENDING YOU Attached ❑ Under separate cover via _. the following items: [7 Shop drawings ❑ Prints ❑ Plans ❑ Samples Ll Specifications ❑ Copy of letter ❑ Change order ❑ COPIES _DATE NO. DESCRIPTION � �� I�T�.N►18� Pt�.1 THESE ARE TRANSMITTED as checker.' below: ❑ For approval ❑ Approved as submitted ❑ Resubmit _copies for approval )11�For your use L Approved as noted ❑ Submit coples for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints 5(tor review and comment O f I FOR BIDS DUE 19 — ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS--.----- COPY TO— SIGNED: mmi lot /MWft,oft oft B/tl It enclowra6 an not at netad. kindly notify us at o c• a. A fety hazard exists for chili' n walking to or from sco- o1 and sidewalks are neces. .ry to eliminate the hazard; b. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; C. 50 percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and d. A criteria which allowed noncompliance under Section E. l.b above no longer exists and a sidewalk could be constructed in cinformance with City standards. (Ord. 89-06 ; Ord. 83-52) 18. 164 .080 Public Use Areas A. Indicated in Development Plan: Dedication Requirements: } . Where a proposed park, playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision. B. Not Indicated in Development Plan: Dedication Requirements: 1. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks and other public use. C. Acquisition by Public Agency: 1. If the subdivider is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 89-06 ; Ord. 83-52) 18. 164.090 Sanitary Sewers A. sewers: Required Revised 02/21/89 Page 424 1. Sanitary sewers shall be installe to serve each new developthent and to connect developmen,.. to existing mains in accordance with the provisions set forth in Standp-7d Specification Manual and the adopted policies of .:ie comprehensive plan. B. Sewer Plan Approval: 1. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Oversizing: 1. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits Denied: 1. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat tc public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. (Ord. 89-06 ; Ord. 83-52) 1E 164 . 100 Storm Drainage A. Storm Drainage: General Provisions: 1. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and: a. The storm water drainage system shall be separate and independent of any sanitary sewerage system; b. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and C . Surface water drainage patterns shall be shown on every development proposal plan. Revised 02/21/89 Page 425 18.164.040 Blocks A. Block Design: 1. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Sizes: 1. Blocks shall not exceed one 1,200 feet in length, except for blocks adjacent to arterial streets or unless the existing adjacent layout or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet. (Ord. 89-06; Ord. 83-52) 18.164.050 Easements A. Easements: .1. Easements for ewers, drainage, water mains, electric lines or other public utilities shall bc, either dedicated or provided for in the deed restrictions, and: a. Where a development is traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width management purposes. B. Utility Easements: I. A property owner proposing a development shall mare arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility PasamPntti nprPreary to provide full services to the development: a. The City' s standard width for public main line utility easements shall be 15 feet unless ot.herwise specified by the utility company, applicable district, or City Engineer; and b. Where feasible utility easements shall be all on one lot. (Ord. 89-06 ; Ord. 83-52) Revised 02/21/89 Page 420 (3) Noise; (4) Lighting; and (5) Other use characteristics. 7 . The Community Development Code shall include the following provisions- a. A planned industrial park zoning district which will include development provisions which provide for: (1) A basic street and utility pattern which will. permit flexibility in the sire of industrial sites. (2) A circulation system that provides direct access to arterials or collector's that will riot channel traffic through residential areas . (3) An internal circulation system which connects to adjoining sites . (4) A complete set of pre-imposed restrictions (e.g. deed restrictions, restriction covenants, etc. ) that are enforceable upon all. occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off-street parking and site maintenance. (5) Evidence of continuing management responsibility to enforce restrictions established under the original development plan. (6) Recognition of the differing transportation requirements of emplovees and service vehicles with adequate provision for public transit access . (1) A minimum of 21)% of Jord,( ,Apinq . b. Design review provisions which apply to industrial development. C . Use classifications which exclude residential uses from industrial areas as primary uses . 12.4 COMMUNITY UTILITIES AND FACILITIES Public utilities and facilities include public and private activities which are owned and operated for• the benefit of the public . These include, for example, schools, libraries, hospitals , parks, golf courses, police and fire stations, water service, sewerage facilities and other operations performed as a public service. These facilities and uses have a direct effect on the public health, safety and welfa-ri. They must be located in a manner which maximizes the net gains t.n the pubic Arid relates to the service area. the purposes of this plan section are to: 1 . Provide services where and when appropriate; 1 . l.ocat.e community utilities and facilities where appropriate access and required servicos can be achinved; I1 AI 3 support community identity and dovolopmont of communily cenlors; 4 Roduco auto tripe: by clustoriny pubIit :Wt-vitvs with other related commercial, office and industrial uses; 5. Minimize adverse impacts on adjacent development through site location and design guidelines; and 6. Promote reduced crime potential through design and location based on the principles of defensible space. POLICY 12 .4. 1 Till CITY SHALL PROVIDE FOR THL LOCATION OF COMMUNITY FACILITIES IN A MANNER WHICH ACCORDS WITH: a. THF APPLTCABLF POLICIES IN THIS PLAN; b. THF LOCATIONAL CRITERIA APPLICABLE TO THE SCALE AND STANDARDS OF THE, USE . The following list of uses are examples for each category defined under this section. Minor Impact Utilities & Facilities Medium Impact Utilities & Facilities o Minor Impact Utilities ;J Admin. Service Use o Tax lots & Neighborhood Parks (Gov't Services) o Utility Poles & Line?, Fire o Community Parks Hydrants, Bus Shelters o Golf Courses o Grade Schools o Cultural Exhibit o Water Storage o Library Services o Telephone Co. Switching Statioii o Lodges, Fraternal & Civic Assembly o Power Substation o Middle Schools o High ^chools o Trade Schools o Religious Assembly ►liyh Impact Utilities & Facilities o 'Transit Station (within CBD) o Postal Seruices o Community Clinic Facilities o Fire Station o Cometery o Ambulance Services o Recycling Conter u Transit Station (outside CBD) Major Impact Utilities & Facilities o Community Recreation o Hospitals o Major Impact. Services & tltilit ies o land Fill II - Be 7 . PUBLIC FACILITIES AND SERVICES The continued increased growth in population for the Tigard Planning area will require a corresponding expansi•s,i wblic facilities and services. Policies concerning the manner in which pcbl:ic facilities are expanded can help direct the location and intensity of ful;ure housing, commercial and industrial development. Statewide Planning Goal N11 specifically speaks to this concern. It directs jurisdictions "to plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban development. The findings, policies and implementation strategies of this chapter address general issues related to public facilities and services as well as issues concerning water, sewage disposal, police and fire protection, schools, health services and local government facilities to name a few. Detailed information related to public facilities and services is available in the "Comprehensive Plan Report: Public Facilities and Sp,-vices," and a variety of facilities master plans and background reports deieloped by or for, the City . 7. 1 GENERAL FINDINGS o Community goals emphaaize the desire to maintain the high quality of facilities and services within the City. o The community' s facilities and services are an important management tool in the conservation and development of land within the urban planning area. n Plans and programs need to be developed for the expansion of urh.An services in a logical and orderly mariner. This should include a funded and effective capital improvement program. o Phasing adequate public facilities and services to su^port residential development is necessary to meet community needs. o The City of Tigard .and related service districts have the duty, within their means, to provide adequate services to meek the demand for all development within the planning area daring the planning period . Phasing the facilities expansion is necessary fnr orderly growth „ formal_ion or private utility districts (water, spwer) could create ]arid management problems within the Urban Planning Area. c, A capital improvements program would facilitate the coordination and expansion for providirig transportation utilities and other public facilities . II - 41 Pot.IC]ES 7. 1 . 1 THE CITY SHALA_: a. PREPARE AND IMPLEMENT A CAPITAL. IMPROVEMENT'S PROGRAM IN CONJUNCTION WITH WASHINGTON COUNTY AND THE APPLICABLE SERVICE DISTRICTS; b. WORK WITH THE SERVICE DISTRICTS TO PROVIDE A COORDINATED SYSTEM FOR PROVIDING SERVICI_S; C . PROVIDE URBAN SERVICES IN ACCORDANCE WITH THE COMPREHENSIVE PLAN TO THE EXTENT OF THE. CITY'S FINANCIAL RESOURCES; d. USE THE CAPITAL IMPROVEMENTS PROGRAM AS A MEANS FOR PROVIDING FOR ORDERLY GROWTH AND THE EFFICIENT USE OF LAND: e. DEVELOP A COMPREHENSIVE PLAN WITH CONSIDERATION BEING GIVEN TO THE LEVEL AND CAPACITY OF THE EXISTING SERVICES; AND f ADOPT LOCATIONAL CRITERIk AS THE BASIS FOR MAKING DECISIONS ABOUT THE PROPER LOCATION FOR PUBLIC FACILITIES. 1 . 1 .2 THE CITY SHALL REQUIRE AS A PRE—CONDITION TO DEVELOPMENT APPROVAL 1HAT : a. DEVELOPMENT 1,OINCIDE WITH THE AVAILABILTTY OF ADEQUATE SERVICE CAPACITY INCLUDING: 1 . PUBLIC WATER; 2 . PUBLIC SEWER (NEW DEVELOPMENT ON SEPTIC TANKS SHALL NOT BI ALI_OWFD WITHIN THE CITY); AND 3 . STORM DRAINAGE. b. THE FACILITIES ARE: 1 . CAPABLE OF ADEQUATELY >IRVING All INTERVENING PROPERTIES AND THE PROPOSED DEVFLOPMENT; AND 2 . DFSI.GNE.D TO CITY STANDARDS. C . ALL NEW DFVFLOPMENT UTILITIES TO BE PI_.ACFD UNDERGROUND. IMPLEMENTATION STRATEGIES 1 . As a part of the ongoinq planning program, the City Will prepare a capital improvements program; and a. The staging of facilities will be based on the avi Aability of financial resources; 11 42 b. Priorities will be based on considerations of 1) Health Arid safety factors; 2) Cost benefit factors; .And 3) Social and economic needs. 2 . As a part of the Community Development Code, standards will be included in: a. The Land Division Ordinance for the construction of services; and b. The Community Development Code which requires future subdivision plans in areas where allowed densities due to a lack of services are less than the plan densities. 1 . Where sewer• is not available to site, the developer shall be required to extend the services to the site at the developer' s cost. The City shall adopt an ordinance providing for partial cost as intervenir . parcels are developed by the intervening landowners . 4 . The Tigard Community Development Code shall establish an ordinance which indicates : a. That services shall be extended from property line to property line, including services located in adjacent rights-of- ways; except b. That the ordinance shall allow for the pha9ing of such services if a development, proposal indicates such phasing. The intent of those policies is to develop a mechanism for An orderly and logical development and expansion of services to promote an efficient use of land Arid thus an efficient growth pattern. This mechanism will basically be concerned with• Planning for public facilities in advance of need in a manner which will implement land use policy. This shall help direct the urhan expansion and growth. 7.2 STORM DRAINAGE AND WASTEWATER MANAGEMENT FINDINGS o The major drainage problem in Tigard is the storm-water runoff throut3holit the area. o The primary water quantity problem is overbank flooding that occurs when st.ornrwater quantity exceeds channel capacity . C112M Hill , Inc . developed a "Master Drainage Plan" for the City in 1981 , which incorporates existing storm-wa1.er• detention and subdivision procedures and standards with the recommended changes to the existing floodplain management program. o There is an emphasis on the retention of a vegetation buffer along streams And dr•ainageways to reduce runoffs and flood damage, and provide for erosion control . 11 - 43 o Most of the following policies have been transformed into City regulations. POLICIES 7.2. 1 THE CITY SHALL REQUTRFAS A PRE-CONDITION TO DEVELOPMENT THAT: a A SITE DEVELOPMENT STUDY BE SUBMITTED FOR DEVELOPMENT IN AREAS SUBJECT TO POOR DRAINAGE, GROUND INSTABILITY OR FLOODING WHICH SHOWS THAT THE DEVELOPMENT IS SAFE AND WILL NOT CREATE ADVERSE OFFSITE: IMPACTS: b. NATURAL DRAINAGE WAYS BE MAINTAINED UNLESS SUBMITTED STUDIES SHOW THAT ALTERNATIVE DRAINAGE SOLUTIONS CAN SOLVE ON-SITE DRAINAGE PROBLEMS AND WILL ASSURE NO ADVERSE OFFSITE IMPACTS; c . ALL DRAINAGE CAN BE HANDLED ON--SITE OR THERE IS AN ALTERNATIVE SOLUTION WHICH WILL NOT INCREASE THE OFFSITE IMPACT; d . THE 100-YEAR FLOODPLAIN ELEVATION AS ESTABLISHED BY THE 1981 FLOOD INSURANCE STUDY CONDUCTED BY THE U.S. ARMY CORPS OF ENGINEER:, BF PROTECTED; AND e. EROSION CONTROL. TECHNIQUES BE INCLUDED A5 A PART OF THE SITE DEVELGPMENF PLAN. 1.2 . 2 THE CITY SHALL: a. INCLUDE IN 311, CAPITAL IMPROVEMENTS PROGRAM PLANS FOR SOLVING DRAINAGE PROBLEMS IN THE EXISTING DFVELOPED AREAS; b. RLCOGNIIF AND ASSUME ITS RESPONSIBILITY FOR OPERATING, PLANNING., ANP REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN THE MSD WASTEWATER TREATMENT MANAGEMENT "208" PLAN; AND c . APPLY ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS WIFH RESPECT TO WASTFWATER. 1MFLFMFNTATION STRATFGTF, 1 . The City will include measures in this plan and in _ts implementation ordinances to reduce soil erosion. 1. 3 WATER SERVICE FINDINGS o Both Tigard and Metzger Water Districts have made substantial capital improvements in recent years to provide tl ? highest quality water at the most reasonable rates. n Reliable aril adequate water supply, storage, and delivery systems are presently available or planned to providp sufficient quantities of high quality water to meet existing and future needs of the community . TI - 44 0 Thp Metzger Water District has signed a 25-year water purchase contr,Act for 100% of it' s water. With the Tigard Water District entering into long term contracts with the City of Portland and the City of Lake Oswego, citizens of Tigard co.n be assured cif a long-term supply of high quality w"ator. POLICIES 7. 3 . 1 THE CITY OF 'TIGARD SHALL COORDINATE WITH THE TIGARD WATER DISTRICT' AND THE METZGER WATER DISTRICT TO PROVIDE A HIGH STANDARD OF WATER SERVICE. TO MEET FUTURE DEMANDS AT ALL TIMES, NOTE For pre—conditions to development, see Poiicy 7.6. 1 . IMPLEMENTATION STRATEGIES 1 . The City of Tigard shall take an active role in participating with the Tigard and Metzger Water Districts in making its views known on matters pertaining to water rates , tax rates, annexations, capital improvements, budgets, etc. 2 When negotiating long—term water supply contracts, the City shall coordinate with the water districts in seeking rates and schedules that are equitable to all water users within the City . 3 'If it appears in the best interests of the citizens to consolidate the water district and City operations, it shall be iicccomplished in an orderly manner with full and dptailed consultation with the water districts involved. 4 The City of Tigard shall coordinate with the water districts, through a capital improvements program, to assure adequate water service for future urban development . 5 The Tigard Community Development Code shall require of developers the burden of proof for providing adequate water servico prior to the approval and issuance of any development permits . 7.4 SEWER SERVICE IINDINGS o Thp availability of sewer lines is now the single most important public service controlling the direction and pace of urban growth. o In order to more efficiently use existing vacant land within the already developed area, the network of trunk sewer lines should be completed bpforp there are any significant extensions to non—urbanized areas . 0 There are residpriLs witl.in Tigard Urban Planning Area t'iat have or have had failing septic systems. The extent of the septic system failures and concomitant health hazard may be greater than is indicated by county II 45 I re( ords. As the area dpvelops, the problem is bound to become more conspicuous . Local authorities (the City of Tigard, the Unified -Sewerage Agency, and the Washington County Health Department) may not have the legal discretion to avoid this solution to the issue of failing septic systems . On the other hand, the potential hardship of enforcing these regulations on some property owners cannot be ignored. o The existing system by which septic tanks are monitored appears to have serious defects that need to be remedied. According to some soil scientists, for instance, the dye method of tracing septic tank contamination is inadequate. o Washington County's existing and proposed large-lot zoning designations in the Tigard Plan Area (and to the west on Bull Mountain) may permit septic systems that may fail . Developments in these areas should either be , equi.-•ed to have public sewer service or have larger lot sizes than now allowed or envisioned. POLICIES 7.4. 1 THE CITY SHALL: a. DEVELOP A COMPREHENSIVE SEWER PLAN THAM IDENTIFIES THE PRESENT AND FUTURE CAPACITY NEEDS FOR A SEWAGE SYSTEM IN THE PLANNING AREA, AND PROBABLE ROUTES OF FUTURE TRUNKLINES. b. REQUIRE TTIAT FUTURE EXTENSIONS OF COLLECTOR SEWER LINES SHALL BE CONSISTENT WITH ALL CITY ORDINANCES AND AGREEMENTS BETWEEN THE CITY OF TIGARD, WASHINGTON COUNTY AND THE UNIFIED SEWERAGE AGENCY (USA) . ADOPT A CLEAR AND CONCISE AGREEMENT WITH USA, IMPLEMENTING THE CITY'S POLICIES FOR EXTENDING THE AVAILABILITY OF SEWER SERVICES AND ENCOURAGING THE PHASING OUT OF SEPTIC TANKS. 1 .4 . 2 THE CITY SHAT L REQUIRE THAT AREAS DE"FERMTNED BY 'THE WASHINGTON COUNTY HEALTH DEPARTMENT OR THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY TO HAVE FAILING SLP11C SYSTFMS SHALL BE CONNECTED TO THE PUBLIC SLWER SYSTEM. 1 . 4 1 IN THE DEVELOPMENT OF NEW SEWER SYSTEMS, PRIORITY SHALL: a. FIRST, BF GIVEN TO AREAS HAVING HEALTH HAZARD PROBLEM,_ WHICH WILL BE DE.II_RMINI D 11Y DI Q; AND b. SECOND, BE GIVEN TO AREAS WHERi. THE COST-BENIFITS ARE TNL GREATEST IN TERMS OF NUMBER OF POTENTIAL CONNECTIONS. 7. li .4 THE CITY SHALL. REQUIRE THAT All NEW DFVELOPM�"LT BL CONNLCTED TO AN APPROVED SANITARY SEWERAGE SYSTEM. ET 46 IMPLEMENTATION STRATEGIES 1 , The Tigard Community Development Code will require that development permit applications demonstrate that adequate sanitary sewer collection and/or treatment capacity is available at the time the application is being made. The City may have approved or given previous commitments to development which effect the capacity of the existing system. These previous commitments shall be reviewed prior to additional hookups to that system. 2. 'The City willcoordinate with the Unified Sewerage Agency (U.S.A. ) in the construction of new trunk and collector lines through both the City' s and U.S.A. 's capital improvement programs. 3 . The City will work with the Metropolitan Service District (MSD), and other affected agencies to formalize collections and treatment service area boundaries and to plan major waste water treatment facilities. The City recognizes and assumes its responsibility for operation, planning and regulating waste water systems as designated in MSD' s Waste Water Treatment Management Component. 4 . Where the system capacity is limited, the City will reserve its remaining sanitary sewer system capacity to those areas within the City. 5. Where the system is not limited, the City through its own lines and in cooperation with U.S.A. , mqy provide collection and/or treatment services to unincorporated Washington County if line or system capacity exists in accordance pith the City' s annexation policies . 6. The City will coordinate close'.y with Washington County to prevent the installation of septic tank systems in areas where sanitary sower services should be and are being planned for as part of either the City' s proposed Comprehensive Sewer Plan or U.S.A. ' s Capital Improvement Programs . I The City will monitor the inflow of storm water into the sanitary sewer system to ensure that unacceptable levels of infiltration are reduced If necessary, a program will be initiated, to reduce the levels of infiltration. 9 . The purpose of Policy 7.4.4 and related policies is to permit pre existing development utilizing septic tanks or other landfill sewage disposal methods to continue to use such methods, until a charge of use occurs, a new main structure is erected, or until such methods are declared unlawful or hazardous by the agency having jurisdiction. For all development activity not utilizing sanitary sewer, the City may require a waiver, of remonstrance to the future local improvement district for sewer facilities. 11 - 47 Met:zger' s existing distribution system is termed "reliable" in the 1979 study. there is an ongoing program, however, to replace all substandard asbestos cement and steel pipelines with ductile iron pipe. The largest lines will ho installed in the southern part of the district in order to provide better service to customers in the vicinity of the City of Tigard. Pjetzger•'s primary, and only, source of water supply continues to be the city of Portland (Bull Run), with which the district signed a 25--year contract in 1980. To meet the long-range goals established in the water study. Metzger approved the issuance of General Obligation bonds totaling $4 .75 million in 1980, These funds will accomplish all necessary capital improvements to meet the water demands until ye,)r 2000 and perhaps beyond . Under construction at the present time are two (2) steel tanks with a total capa(Aty of 4•-MG's. A vigorous pipe replacement program is in progress which will upgrade the distribution system. Probably the highest expenditure of funds will go toward funding a pro--rata share of construction of a 60-inch gravity main across the City of Portland. This will assure Metzger of a long-range source of water and, at the same time, be afforded the opportunity to purchase Bull Run water at a substantially reduced unit cost from Powell Butte. V. SEWER SERVICE the imp- ! .ince of wastewater collection and treatment, facilities in influencing urban growth patterns would be difficult to over-estimate. In the TigU.•d area, the potential health problems created by untreated sewage flowing into Fanno Crec4 caused a moratorium on development in the late 1960' s and early 1970' s . The need for sewer service was the catalytic factor leading to incorporation of the City of Tigard in 1961 . The sewer service crisis in Lhe Fanno Creek basin was a fundamental cause of the formation of the Unified Sewerage Agency (USA) in 1970. By 1976 this regional service district: has completed the critical elements in the Fanno Creek sewer- system. The earlier treatment of human bodily w rtes was to dispose of them in ces,.I-, , or septic tanks, the latter of which gradually converted this material to harmless organic compounds while isolating it from surface and ground water. Many homes in the Tigard Urban Planning Area rely upon septic systems, and some new homes still in the County are being installed wi+.h these systems . Unfortunately, historical experience and the best available evidence on the suitability of local sails, :indicate that all future urbar. development should be served by sewer systems. Existing areas with a record of septic system problems should also be required to hook-up with local sewer lines . Unified Sewerage Agenn USA The Unified Sewerage Ac,ncy (UST;) was For-meJ in 1970 with the authority to collect and treat sewage in the rapidly urbanizing portions of Washington County (including all of the Tigard Urban Planning Area) . By the fall of 1976, it had completed the Durham treatment plant and the Fanno Creek Interceptor 1 199 which brought wastes to it, from throughout the tanno Creek basin. the opening Of the treatment plant permitted closure of the old plant: along North Dakota Street, formerly operated by the Metzger Sanitary District before it was superseded by USA. Additionally, USA constructed additioral elements of the planned collection system. The Upper Tualatin Interceptor, linking Sherwood with the Durham Plant, was constructed in 1979. This interceptor permits gravity flow in the area south of Little Bull Mountain to the Summerfield Trunk . City_of Tiqard Collection System Tigard operates and maintains its own collection system and formerly had its own treatment plant. With few exceptions, its lines are limited to the incorporated territory The City has sufficient capacity in its gravity lines to handle expected future development in each basin. Sematic_systems Prior to the 1960'x, when new and tightened controls on water pollution were enacted and the Tigard area began growing very rapidly, development was largely on septic tanks . Although there are now relatively very few new septic tanks being installad, some of the older systems are startinj It, fail . The primary causes of these failures are the inherent physical limitations of the soils and the hydrologic impact of urbanization. Stat- rules prohibit installation of sept=ic system drainfields where the depth to the seasonal perched water table is less than 2 feet or where a restrictive layer lies less than 2 1/2 feet below the surface. On steeper land (12%-25x) the required depth to the impermeable layer increases with slope to 4 feet. Drainfields are prohibit=ed on slopes in excess of 25%. However, as urban development increases runoff, the seasonal water table risr_s, drainfivIds whic=h initially met the state standards can be flooded and effluent released onto the surface, causing odor and posing a health problem. According to the Soil Conservation Service, virtually all of the soils in the Tigard Urban Planning Area posses characteristics which "severely" limit thoir quit.abilit.y for septic tank systems that, will function successfully . Only very minor portions are "moderately" or "slightly" limiting. The City, therefore, requires new developments be connected to a an approved sewerage syst=em. The County requires public sewer service for all n_ew developments ^, except residential subdivisions on 30,000 square foot lots in areas zoned R-30 (R-1) and on 40,000 square . ,c lots in areas zoned RS--1 in Washington County . Pecords of the Washington County health Depart=ment document. the fact, that failures of existing septic systems are relatively frequent. in Tigard, especially in the unincorporated areas . The two perennial problem areas are in county areas of NPO q3 (lower northeast slope of Bull Mount=ain) arid NPO p6 (lower northeast slope of Little Bull Mountain) . The County Health authorities have verified numerous septic system violations along the entire length Of McDonald Street, several on O'Mara Street, and others at residences un Murdock and View Terrace and in many other areas in Tigard. County and I - 200 state enforcement procedures have eventually forced the owners of failing systems to make corrections or, repairs, but the intervening period when the effluent is escaping can last for many weeks or even months, and the repairs may make the system only temporarily effective. The failure to septic systems will continue, and probably increase in severity and frequency, as they age and as the area urbanizes. Legal means by which the problem can be reduced or eliminated are available. Unincorporated areas where septic systems routinely fail can be compelled to annex to the City in order to be connected with City sewers. State Health hazard annexation procedures are available. Under USA rules and regulations (Section 5 of Resolution #70-12), buildings within 300 feet of a sewer line must be connected to it no later than 3 years after it becomes available, or earlier if ordered. VI. POLICE PROTECTION The City provides police protection to its citizens through a force of 29 persons, 22 of whom are sworn officers. The Washington County Sheriff's Department provides protection for the unincorporated areas within the City' s Urban Planning Area. Following data shows the aggregate crime rates for both the City and County, reported as number of )ffens?s per 100,000 population. TABLE III 1981 Washington County 4,826.8 City of Tigard 7,304.0 Source: "Analysis of Crime in Oregon, 1981", Oregon Law Enforcement Council, LPw Enforcement Data System. As in other cities around the county, Tigard crime rates are increasing. The following table shows the breakdown among the various types of crime over the past seven years. 1ABl f TV Year Murder Rhe Robbery Assault Burglary Theft Auto Theft TOTAL 1 0 0 8 59 119 518 43 747 1916 0 4 13 61 178 548 60 864 197/ 1 7 10 50 ill x,59 72 933 1978 0 10 17 62 153 578 40 860 19711 0 6 20 79 250 648 61 1 ,064 ;f. h '!0 69 270 534 71) 949 1981 1 6 20 83 393 624 46 1, 103 Source: City of Tigard Police Department, 1987 . I - 201 S� 88-28985 6 INDIVIDUAL-GENERAL PARTNERSHIP Washington County PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT b A ' I ' � .ebecc.p l_ , IJic.oI I \.Z;; hereinafter called the Grantors, in consideration for the sum of dollars (t -A ) 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 Rppurtennnces, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the following described parcel of land, situated in the Citv of Tigard, Washington County, State of Oregon: IT IS EYy.,ESSLY UNDERSTOOD that this easement does not 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 WTTNF,SS WHEREOF, the grantor(s) has (have) hereunto set his (her) sesl(s) this day of , 19` v (SEAT,) (SEAL) ' (S' (SEAL) (SEAL) STATE OF OREGON ) ) a9. County of Washington ) BF IT REMEMBERED, that on this day of before me, the undersigned Notary uhlic in sad or the State of Oregon, personally appeared the within-named ^ho�u n f�c.� L. who is are known to me Lu be the identical individual(s) deacribed in and who exe^uted the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Notary Public for Oregon (NOTARIAL SEAL) My Commission Expires: Avprovedt egel description this 1.5/ day of ✓vim � 996 /% By: phi Titles �_"?144, 1vEy �AY�/illi-1L![11 c� Approved this /5V4 day of tJG//9(_� � �19T�I�. DEPARTMENT OOFCOMMUNITY DEVELOPMENT Title: (2B71P) Westlake Consultants Inco Hilltop Business Center 7340 S.W. Huniiker, Suite 204 'f igard, Oregon 97223 • 503-684-0652 Dave Dlicoli Cook Lane Sanitary Sewer Easement Job No. 317-02-87 May 24, 3.988 LEGAL DESCRIPTION A 15.00 foot wide tract of land situated in the S.E. 1/4, Section 3, T2S, R1W, W.M., , City of Tigard, Washington County, Oregon, being more particularly described as follows: The westerly 15.00 feet of that tract of land conveyed to David and Rebecca Nicoli , recorded in Pee No. 81-35486, Washington, County deed records. ENGINEERING i SURVEYING / PLANNING —-_ e Q� 8 gni Y O P itru. -•. Asphn(t Pq vtrn&'rrr 'Z a >i ��� ► �` �- � � a S.W. -yCOOK- LANE- 5x450 i � ' tr�� A.►I CIV fey STATE OF OREGON Coanty of Washington 88 I,Donalu W Mason,Director of Assessment and Taxation and Ex-OHiclo Recorder of Con veyances or said county,do hereby certify that the withinInstrument of writing was revolved and recorded In book of records of said county Donald W Mason, Directordf Aasesamenl and Taxation. Ex- Officio County Clerk f9Be JUL -5 PH 12:57 .June 1, 1988 rCITYOFTIGARD OREGON David P. Nicoll, P.E. 19600 SW Cipole Road Sherwood, OR 97140 Subject: MLP 87-11, V 87-23 Dear Mr. Nicoll: Your request for approval. of drawings submitted May 24? with revisions dated May 17, 1988, is denied. The reason for this denial is as follows: Condition #5 of the Planning Director's Decision states that the private street shall. be paved to a width of 24 feet. The Community Development Code requirement of the 24 foot pavement width is required for access to 3 of more lots. The actual location of this pavement must be within the access easement and Lion either be centered along, the property lines or totally on your Condlt'l6n A3 also states that the pavement be con tgd with 3 inches of Q_ asphaltic concrete on 6 inches of aggregate baserock. A letter from V611 requested the pavement thickness be reduced to 2 inches of asphaltic concrete, on 6 inches of aggregate baserock, because you felt this would be adequate. Although sound engineering road design procedures and no background techn"SA161 '" information was provided, this variation has verbally received approvalr%—"- Condition #7 states that a concrete apron be c(. istructed at the beginning of the private street. You have requested that thii requirement be waived due to the existing private street. is already paved and 107th and Cook Lane are not fully improved streets. This variation has verbally been approved. 1 feel we have compromised our Development Standards beyond the normal and will not approve of any further variations from the Planning Director's Decision. Sine rel-y, ,a v A son, F. Trans o att Engineer hr/5l D 13125 SW Hall Blvd, P.Q.Box 23397,Tigard,Oregon 97223 (503)639-4171 --- --- -- _. r- --- -- ----- u u 44 RI --! ---i ------ � V 41 oaJ aw- w a, . c o w n,0o o w C , IrJ I c Y1 o O N Gl iJ C ,.-1 N JJ 1J R) C JJ W C•+i Z O w aJ U L C U N 0.Cl M. 1N C •J O aJ U .-4w 1-1 w o a w �'O O < l., &4 V UH4J a, 0 <.. wro iJ E•+ $+t � ) .••i N r. v u w r 124 4-j J �Nr — �& v lj� / u 1 vi X J)L11 w r � ar•r— '�� r ��U�W Fl-1p w r w0 � n 1 I '•Ib ^`` CC "STRUCTION NOTES � I. All construction to be in c^nfornance with the standards of the City of Tigard and the Unified Sewerage Agency. - -- 2. The Contractor shall be respcnsible for obtaining any required permits before commencinc, any work on this project. Any inspection by the City or field observations by the _ developer's engineer shall not, in any way, relieve the Contractor from an obligation to perform all wo,k in compliance with approved plans and the City's Standards. 4. Th: location and depth of any underground utility shown on these plans is P.1proximate. There utilities are shown using the best information possible and are in no way a guarantee of location and/or depth.F.r:..^vATr,k"M COM"-%f WITH cP-', ?57.541 -0 757.S7i . 5. Any a-teration or vii ianc'e from : hese plans, exc,-.pc minor : ield adjustments to meet existing conditions, designated representative. Any changes to these plans shill be documented on construction field prints and transmitted to the developer's engineer. tAk%k TA4W.. TO rxlscl$jr, H'A'T Inca 6. The Contractor shall be responsible forY"Coordinating the relocation of buried and overhead utilites,loTAPPLI"ANTS C-KPCN:A: . -7: Before commencing construction, Contractor shall ratify all companies or agencies with underyround facilities in project area. 8. All P.V.C. shall conform to ASTM specification D 3034. 9. An os built mylar shall V)e proviled uo the City by the Engineer. 10 . An air test and "r.v. in-rection ropot'} and tape s'lall be prodded to the City by thn %ngin,er` Vol r_EVl6U. & r.T11"VokL , 1� . Contractor to p:ovide frriffic r_ott�"l One Ian-- to Fertain op*A at all Limes. Wr,IT1F1{ LLI iv,%rACTE*fb OWVtts"IrS 46 NRS PRIoR To commtkXIN4 d.aOR-K Mrft'IFY c.ITy Irl1eF>tcToR ( MMS H16-S, *&79-41 i! 48 NK% 11'ruak 'm cor•i/1t►Jc:l�`4 L;�o IcC ��t, LAS y'ryF Azr'Irw�l... A S G�rT ►2rMMOv^ •pC�6�7r'LlvctAR"1n r1 �'• • i"w�y. f R_&. 'tD ( )nJr*!A.J4 AFZ E2 SPI F'� CG)1.a T4 't-/ SURFACE RFS TO1ATIDN _ MOUND EXCESS NATIVE MATERIAL -- "� A$ SIFCIFI.'D'*. _ OVER TRENCH TO ALLOW FOR SETTLEMENT UND111ITURSED '� .• / UNDISTURBED EARTH F COMPACTiD EARTH J CLEAN .EL}-GRADEb r.4 -0 CKISHIM NATIVE • MATI RIAL _— SELECT MATERIAL -LEAN WELL-GRADED 5/4--O CLEAN WELL"-GRAM ( CRUSHED RDck REGINRED wirm try 3/4"-U CRUSM HOGI "PE O.D. PVC PIPE) H.1)S 6" o PIPE O PIPE r _ USE To f ,� 5PRINGu.�E PIPL SASE °MIN FOR PIPE SMALIER THAN 24.. 6"NI04. F•TR PIPW }4* OND LARGER PIPE R.1S1 I r/ YATERI� �' _✓'� TRENCH BACKFILL DE: (AILS