Loading...
79-020484 ~ Gallo Avenue „ 4 b COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 28, 1992 DATE SUBMITTED: July 16, 1992 ISSUE/AGENDA TITLE: quitclaimPREVIOUS ACTION: None of an existing sewer easement PREPARED BY: Chris Davies Co”DEPT HEAD OK CITY ADMIN OK90� 'THE REQUESTED BY: ISSUE B COUNCIL Should the sewer easement granted to the City, recording number 79020484, be extinguished? STAFF RECOMMENDATION Approval of the resolution authorizing that the easement be extinguished. INFORMATION SUMMARY In the early 1970' s Muttley' s Addition Subdivision was approved, (see attached map for location) . A portion of the subdivision needed to access a sanitary sewer line located to the south. The adjacent property owner granted a public sanitary sewer easement to the City so that access would be available. In the late 1980' s the City of Tigard had a sewer project in this vicinity that reconfigured the system so that it would be a gravity system instead of a pumped system. Therefore, at this point in time the easement that was granted as part of the Muttley' s Addition Subdivision could have been extinguished though it was not. In 1991 the Planning Commission approved subdivision, SUB 91-14 . As part of the conditions of approval it was required that the easement be vacated prior to final plat approval . The developer of SUB 91-14 has provided for all lots to be served by a public sanitary sewer and requests that the easement be extinguished. The attached resolution will allow the easement to be legally extinguished. PROPOSED ALTERNATIVES 1 . Authorize the City Administrator to sign the easement extinguishment . 2 . Deny authorization of the easement extinguishment . FISCAL NOTES No additional expenses are expected. glaubke-ca.l CITY OF TIGARD, OREGON RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL CITY OF TIGARD, OREGON, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING AN EASEMENT WITHIN A PORTION OF THE MEADOWGLADE SUBDIVISION. WHEREAS, in 1979, a sanitary sewer easmement was granted to the City of Tigard, recording number 79020484; and WHEREAS,, the Tigard City Council finds that a public sanitary sewer system offered by the current owners to replace this easement better meets the needs of the City. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that : Section 1 : The City of Tigard hereby extinguishes its interest in the easement described in the easement document recorded in Washington County as number 79020484 . Section 2: Further, the Tigard City Council hereby authorizes the City Administrator to sign a Statutory Quitclaim Deed extinguishing the easement. A copy of the deed is attached hereto as Exhibit "All and incorporated herein by this reference. PASSED: This day of 1992 . Mayor - City of Tigard ATTEST: City Recorder - City of Tigard dj:CD/q1aubke.res RESOLUTION NO. 92- Page 1 EXHIBIT "A" STATUTORY QUITCLAIM DEED (EASEMENT EXTINGUISHMENT) The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon GRANTOR, releases and quitclaims to John A. Glaubke and Martha Glaubke. , individuals, GRANTEE, all of GRANTORS right, title, and interest in and to the real property, situated in Washington County, Oregon, described in the easement document recorded as number 79020484 . The true consideration for this conveyance is $0 .00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of 1992 . CITY OF TIGARD, OREGON By: Patrick Reilly, City Administrator STATE OF OREGON ) ss . County of Washington) 1992 Personally appeared Patrick Reilly, who, being duly sworn, did say that he is the City Administrator of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City by authority of its Council; and he acknowledged said instrument to be the City' s voluntary act and deed. NOTARY PUBLIC OF OREGON My Commission Expires : NO CHANGE IN TAX STATEMENTS AFTER RECORDING RETURN TO CITY RECORDER CITY OF TIGARD PO BOX 23397 TIGARD OR 97223 1 118.03Il 5300 7300 %11100 co 101 a 4300 8 ~`� r `�'a �22 136C p 7800/-6 , ,7400 Lnh a 110. 21 9 118.03 0 5400 0;5 5 h A, v � 21 z lb 4200 C`� O 120 /4041 �; 7700 118-46 /// 5500 7500 ,iso 8 11e.03 20 c 6 S+ �7601D jsa s a 4100 120 iNiT1AL ,7 s 8 POINT +ONK SS*Z '(>4"W p P INITIAL POINT W-2056QQ � 184! T2 OAWN�3 INLEI' f 2 69.91 4)!� 19 i$ .60 Ila" 5800 w I� 74.54 �� 5700 d `> 4000 '`- o ° 18 zi 17 - t At9a 42 19 ± 122.44 137.38 39W x ' 5900 +1 T 1 iQ R=40 10116 280 i0932 (� $1.09 �' & J — --- 1� 131. v N 92'6000 J T �BII 113th PI.A+C 15 ca.� �� iit.44 92 i08.96 38x0 R.. 32 61QQ 3605 11 a .I6Aa. 14 to 20 97.02 a 108.96 20 N 60 18.96 103700 x 6200 p 12 8 13 N e 97 TR.50 INITIAL P 5'It 50' �� � i�.�a.�►~.�► S. 89°S2'E. 244.4' i 7RA�T: i;1 R � 100 u.39 AC. q X�S t►nit �"�"" '�—""��4-i SCH190L DISTRICT 23✓ (PT.) FOWLER ✓R. H/GH I �•A 5e.�es ZcLselme-1 C&A -LLT(\ . rn 0 o a 240.94 1 406 May 17, 1979 -Ro-er Thomzsea r -,0 Nort1h �4 v t Hillaborc, Deaz Mr. n'.0--loem: Enclosed io a c1he-CI-1- in the amolmt of ^?40.50 to c.--lveT I:CCC- 4 follcrain- items. Ordimr--aU,2 "o. 79-317 - C-a-rden. Pzzr'N- Place Vacationracordin3 fee - $ 4.50 Sucrugu7's fee Strc,2t 7e,!icntl-oa - Willi,— F-A-vror3c- Sewer r-p,,A----e7tt - Culver-C-Ortmaker - �<Svver Eanenent - Gia: bt-a - $9.0", Please for-zard tilt Surveyor's cc:ly oJI No. T:-1-:;7 t ';1,- 0 jC� Thank you for your as3ist-ance ir thio -ac-Ler. Si- D'orls Eartig City Recorder wn-. P. �ect: Easement: Deed Reference: KNOW(IEMEN BY THESE PRESENTS: That we (1) 79020484 hereinafter termed grantor (s) , in consideration of the sum of $ to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein- after termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary ease- ment, for the following uses and purposes: 1. 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 interfere with the uses and purposes of the easement; said easement area being 7 . 5 feet on eioti side, when mea- sured at right angles, of the following described center line within the following designated premises: Beginning on the Northerly line of that tract of land described in deed to John A. Glaubke and Martha Glaubke by deed recorded in Book 745, Page 904 of the records of Washington County, Oregon in the north- east quarter of Section 34, T-IS, R-1W, W.M. at a point that is 5.00 feet easterly of the terminus of S.W. 113th Avenue; said point of beginning also being 15.00 feet easterly from the initial point of Muttley' s Addition, a recorded plat; thence S.60501E. , 127 .7 feet to a sanitary sewer manhole and the terminus of this description. 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 southwesterlpide and within 25 feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all struc- tures present upon the premises. This 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. Page 1 Easement tv 3 Should it be necessary to cut and remove any brush, trees , or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Wit s our hands and seals this day of 19 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the easements above granted. Dated this day of 1972® Mortgagee By Title STATE OF OREGON ) ss. County of IVIOP.Owjjti�.4f z5r 19 _47 7 On this day of W& q , , personally 7 appeared the above named Ze— d �4 A v- and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: 0 u C�� N c for Oregon My Commission expires: 9//// 10 Page 2 Easement 01 *--S*TATE OF OREGON ) ss. County of On this day of 19 personally appeared the above named and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: Notary Public for Oregon My Commission expires : ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIG RD ('11' TIG 4 Cz 01- STATE OF OREGON ) ss . County of On this 147�- -day oflq� before me appeared 5 -and both to me personally known who, being duly sworn, didsaythat he , the said Ia., it/i( ,ie/s,,— is the Mayor, and3he, the said oweis the Recorder of the CITY OF TIGARD, a nicipal corA�, and the said and 711,/ acknowledged the said instrument to be the tree act aTid deed of said 177-inicioal corooration. Uq; TESTI71ONY WHEREOF, I have hereunto set my hand and affixed my official seal , this the day and year in this my certificate first written. 004/ V _ 4 Fly commission expires U STATE OF OREGON County of Washington SS 1, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records;of said county. ROGER THOMSSEN.Director of Page 3 IN D EXE[Xj Records&Elections City of Tigard Easement P. 0. Box 23397 Tigard, Oregon 97223 MAY 23 10 0+00 (STORM) TIE TO EFfog CATCH BASIN G RATE- 19 LE. o5.80 r--XIST 18 c c.r EXIST ld[)P,4*iAr7E � EASEMEHT MH l +ZB (S)AN17AKY) KIM= 110-350 Ncvv ¢.v cxr o w D %AAMM 115; SA01TWZY ->rJM tas NT MH OtOO (SANITAKY) TIE INTO EXIST STUe>-OuT RIM= IlZ.I EXIST. Is. SEWER CZF 10C. IOM 64-CLIAMPOINT `1/4NE 1/4 SEC - 'ON It'd T2S RIW Wj. w - • WASHINGTON_COUNTY OREGON SCALE 1##=200' n^ S � oo - i� 0.01 0#aG7 9,. GAARDE STREET o N89°25'E -i S.W. Mt QQ((}} 159.11 1 �iT57 /96.40` 95 01 • 5' ! �¢ Aa M v ?00 -d2S M td 04 .33.4c' 2' yro j ti� as 035Aa�� me 20"' 2C 40. # . 1500 1'100 , �/ a 800 $ /.B4Ac. 95Ac. �4� O'; 45AC. 5G ' $ t 200 ctTSAc. t 1_ _ 10' a0.95Ac. ��` 205 G +r 2 605{Ac �T 4� �o 2a3 S tie a .35Ac h4 R g '?Ac" 4?' 4 t ' j 4I ) a ^3� �`h rp'ti S8 py S64o23 t �• � � �`�°^� � '` � �~ Baa INITIAL POINT ,o � � ° `. t.62 he. ta; rya ;DIN i I S86°25'W 502' r \ zg X00• ~, col:J 96 4 0 ' ^?•Ml 9 890&. '4W^f3'$ . ` S . ..s......,.. ...... y �s3o Sf•S' `4 'Z4g 6.�3' Oma 0 M 1701 4c, -, & / ) " ol i� 1400 •_25tJ 4,52Ac. �' 0.44& o a 4s 170© a 8 �, 34770` 4�#rr _ . ` 9OZ 76' .0 moi 13417) r . r(� 0��� r .52Ac f a r N ,,� ja t 1 sn M # Ln `0 8084' l T 500 M o h X41/ .60 AcOk i 10 Li'; .y 7075` 157 - — 600 �. __ — _ n �'t' f'T 6� 3.6tAc. 7 ca R-103? 4 o f (C•S.No.118SI) s, 1 40 \se 6 �. 5 +� o 196.9 i° a 11111' 25.DEDICATED a��Y \ Ty 207.8' O 1f�/�/��fr�/ r/ k a 9 4000 432.30 a �L_ ( 69 do yrs tea, /yid ry$� f 23X74 cn+�°VIP 496 98 IN __r ! //• 441.154 m/1 a ;';241 N, 4100 4100 N -N ' ,x 17-5.57, w 29TAc. M 1 63?0 KNOW ALL MEN BY THESE PRESENTS, That we, the undbrsiggnneed ow►.ers -expectively of the lands with respect to which the here- inal. I­czlbed right of way and easemont it a part, hereinafter termed ..� s, for and in eonside:..ticn of the sin of One Dollar to east. 0—is Laid, and the benefits to inure to us by the &rent heroin c, rained insofar at each of cur respective ownershl .j is included :.thir the following describdd area, do hereby grant bar- gain, jell and convey to J. A. IATERSON, his executors, adminis- trators, ht 'rs and assigns, Grantee: A perpetual right of wav and easement for roads the instailaticn of sewer linea, water lines and ntAer utility services on, over and across, under t'wng and ditnin oniat nortion of each grantor's lands lying and being within the boundaries of the following described easement area, bounded and described as follo%ys: B?_ginning at the Northeast corner of LERON HEIGHTS Plat No.2, a subdivision of recoid in Washington Ca±nty, GL-Zen. and running thence SOO' 35' W, along the East line :hereof 12.50 feet; thence 109' 58' E, parallel with :he division line between the north and south' halve: of the John L. Hicklin Donation Labd Claim No.54, 297.83 felt- thence S 27'57' E. 126.57 feat• thapce N89f58' E. 354.14 feet; thence 158' 14' E, 98.76 feet to a point which bears S00' 02' E 25.0 feet from said division line; thence J89058' E, parallel with said division line, 896.76 feet more or less to a point which bears S 00'02' E 25.0 feet from the Southwest corner of that tract of land conveyed tc Clarence B. Baneat 1:x by deed recordad in Book 381, page 234 Washy ngton County, Oregon, Dead Records; Chancy N66'02' W. 25.0 feet to the Southwest corner of said Baney tract; thence North along the Vest line of said Baney tract 25 foot to a point; thence South 89'58' West parallel with and 25 feet North of said division line 911 feet- thence S58'14' W. 299.78 Le_t• thence $89'58' W. 709.12 feet• ehence N27'57' W. 126.5/ feet; thence S89'58' V 327.5 feet to the East line of the tract first herein dabcribed; thence SOO'02' E. along said East line 37.5 feet to the point of beginning. TO HAVE AND TO HOLD the said casesient and rights unto the Grantee„ his exucutors, administrators, heirs and assigns forever, SUBJECT T6 the express condition upon which this grant is made, that the Grantee shall pay any and all real and personal property taxes hereafter levied against any isTrovements, including sewer lines,lwater lines or other utilities,within the easement area, or against the lands within the easement area, by the City of Tigard, prior to such time, if ever, that the Grantors' other lands abutting upon the easement area may be annexed or otherwise in- cluded within the corporate boundaries of the City of Tigard. And we, the k.ndersigned Grantors, have made constituted and appointed, and by these presents do make, constitute and ap- point J. A. PATERSON our true and lawful attorney, in our name. place and stead: tom 525 mz504 OC , TIT| INSURANCE COMPANY (}FOPEpON Po13A9 00300 T A X A C C O U N T I N - 053073-0470010 CITY DIST 23 74 TAX-CODE 0168 MTG OOOO PAY -----ROLL OWNER---- TYPE TAXABLE EXEMPT UT! UT,? GLAUBKE, JOHN A MARTHA ROLL 36800 .00 .00 NOEI -_~'----- - ' - --'---- E I .00 .00 00 ROLL-TAX-DUE 699.57 E I 699.57 VAR .00 --15-NOV~ -----QTR-----------PEN. ------'--- 678.58 174,89 -----CURRENT OWNER--- YR-ID PAY-AMOUNT DATE RECEIPT ACT GLAUBKE, JOHN A MARTHA 801 .00 00377884 11405 SW 92ND B01 °00 CUR-TOT- TIGARD OR 97233" 701 ,00 00172056 701 "00 CUR-TOT- ` 00000000 LEGAL 00000000 5.84AC ZONE = RU4 SALE:OO/OO 07450904 LND: 28200 BLD: 8600 XF: XMT ' r 8 0K 316 - 220 /;' t� XL r ice; � ` � � � _ /- r )�x r.,_ � .`• ��� �.`} :J'G, .. J !.'.,Yr" `. t f f / i/. 0 } DIVISION LINE ifi �• ,/, J; rte" 15 MAIN 't 3 4 T.1 S,, R V1., J.t.9 ; -LIFT STATION ! y f ,._.r.r ..o .... ...�. ....- T. 2 S, R. i IN., W.M. E3 A s"; r 58' X 6" PRESSURE LINE f CLYDE A. a ETTA M. ROUTON LEONARD L . B PATE, ' ! PAYNE BOOK -f 39 , PAGE 594.�; � OS CAR C, i3r ELSE r,� ( PA Y N F r BOOK 435, PAGE i p - r r a fi I