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Ash Street { t Vl RESOLUTION No. 71- � 1 CITY OF TIGARD, OREGON ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON AUTHORIZING EXECUTION OF EASEMENTS TO THE UNIFIED SEWERAGE AGENCY FOR THE PURPOSE OF CONSTRUCTING .AND MAINTAINING AN UNDERGROUND SEWER LINE ON LANDS OWNED BY THE CITY. WHEREAS, The Unified Sewerage Agency has an adopted U master plan requiring the construction of a sewer inter- ceptor facility for the purpose of transmitting all sewage within the Fanno Creek drainage basin to a single treatment plant; and WHEREAS, said interceptor facility traverses the Woodard Park property and sewage treatment plant property /'1 each parcel of land being owned by the City of Tigard; n NOW THEREFORE, BE IT RESOLVED, the City Council hereby authorizes the Mayor and City Recorder to execute the ease- ments a copy of each of which is attached and made a part hereof and directs the City Administrator to forward the executed documents for consideration by the Unified Sewerage Agency. 111 o/ D niol L. Larson Approved this 8th day of May 1!� i unanimous vote of Council ATTEST: City Recor er ig m rt . . tea. . .f ' 'k 3 40, . . � . ;. r r'fi:. SEWER EASEMENT 6 4 City of Tigard SNOW ALL MEN B+ THESE PRESENTS, THAT 4fiter4etirlte+ry-bit- et . 12420 S.W. Main St. t`trr-trfi-'ftrird, .Tigard, Oregon 97223 • a corporation duly organized and incorporated under the laws of the State of Oregon in consideration of the sum of Two Hundred Eighty-Five & no/100--dollars and other good • and valuable consideration to them paid by the Unified Sewerage Agency of Washington County, a municipal corporation and county service district of the State of Oregon, hereinafter referred to as Agency, the receipt whereof is hereby acknowledged, does hereby grant unto the Agency, its successors and assigns, the right to lay down, con- struct and perpetually maintain an underground seuer through, under and along the following described PERMANENT EASEMENT: A portion of that tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, conveyed to Tigard Sanitary District as described and recorded in Book 384, Page 359, Deed Records of said Washington County, more particularly described as follows: A strip of land 30 feet wide, 15 feet either side of the following described centerline. Beginning at a point on the Southerly boundary of said tract, said point being 174 feet, more or less, Westerly of the Southeast corner of said tract; Thence: Northeasterly 140 feet, more or less, to a point on the Westerly boundary, said point being 364 feet, more or less, South- westerly of the Northwest corner of said tract. As an incident to the use and enjoyment of the above described PERMANENT EASEMENT,and as a part of the consideration for payment of the above stated sum, the AGENCY, its successors and assigns, is hereby granted a TEMPORARY EASEMENT, identical in centerline location to the above described PERMANENT EASEMENT, being 100 feet wide, 50 feet on either side of the said centerline, said TEMPORARY EASEMENT to be automatically extinguished on completion of laying down and construction of a c The foregoing rights and easements are subject to each and all of the following terms and conditions : 1. That the rights herein granted are subject to the express condition that in connection with the construction to be performed within the above described lands , the Agency shall, itself or through its agents , officers , contractors or employees , exercise such care as necessary to avoid disruption of existing sewer lines to the extent that same occur within the easement area and the Agency shall cause to have the location of pre-existing sewer lines , if any , within the easement area, ground staked to thereby determine the course thereof. In the event of disruption of any sewer trunk lines of the City , the Agency shall assume full responsibility for immediate restoration thereof to its condition equal to that pre-existing such disruption at the Agency 's expense . 2 . No structure shall be erected within the perpetual easement area without the written consent of the Board of County Commissioners of Washington County, or other governing body of the Agency . 3 . The easements and rights above described do not include any right or title to the surfaces of the soil within the easement area except as necessary, incident to the construction , replacing, repairing and maintaining of the sewer line within the perpetual easement area. 4 . Upon completion of the construction of the sewer line within the perpetual easement areas , the Agency shall cause to have the excavation refilled and the topsoil replaced as nearly as practicable at the surface and shall cause the same to be settled and compacted by use of a recognized medium and the Agency shall fur- ther thereafter, during the period of normal settle- ment of the soil within the excavation, cause to have the said trench refilled as necessary to re-establish the pre-existing surface contour prior to seeding as hereinafter provided. 5 . In the exercise of the rights hereby granted, the Agency shall require its officers , agents and con- tractors upon completion of the work , to re-seed the excavated areas to altafescue pasture grass and to take reasonable steps to assure the restoration of the excavated areas as seed-bed for such growth. 6 . Upon completion of the work, both the perpetual and temporary easement areas shall be left in a neat and workmanlike condition , free of all loose materials including brush, trees and debris which shall be dis- posed of off the premises by the Agency or its con- tractors . *10 voi 7. The Agency further agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining and replacing said sewer line, the Agency will likewise leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state as practicable . IN WITNESS WHEREOF, the Grantor, CITY OF TIGARD, pursuant to a resolution of its City Council, duly and legally adopted, has caused these presents to be signed by DANIEL L. LARSEN its Mayor, and DORIS HARTIG, its Recorder, and its official seal to be hereunto affixed this _ day of �� 1972. CITY OF TIGARD By : :., — 4A-Mayor c Recorder APPROVED: General Manager, UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY. By:_ Daniel O. Potter APPROVED AS TO FORM: WASHINGTON COUNTY COUNSEL By : STATE OF OREGON ) ) ss . County of Washington ) On this ` day of , 1972 , before me appeared DANIEL L. LARSEN and DORIS F RTIC, both to me personally known, who being duly sworn, did say that he the said DANIEL L. LARSEN is the Mayor, and she the said DORIS HARTIG is theRecorder of the CITY OF TIGARD, a municipality of the State of Oregon , and that the seal affixed to this instrument is the seal of said municipality and the said DANIEL L. LARSEN and DORIS HARTIG acknowledged the said instrument to be the free act and deed of said municipality . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. -z, Notar ublic for Oregon My Comm. expires : „::_z.&_,_.‘,1+_,/:-2,• 76-1 '''.,,,,;--,,,,,,•.«-.4,..-4. 4.4 _ If I r--- 7 • ---• • 1 C,, 1 .,` ]r- �. r \ , 1 `.� I t / , Vit, Q �� ��, k �p D . i4.4 \��J �f.,,,, \ ti• 0 i Yj y � z ; - 4 N4, , � �` , . (5 ., : 7-4 ', , . , ....... ., ,,, . c.... , . . , , 4 31 ,, ,,, .,, \ , , , .... ,. ., . , -� �' _ _ () N 1 ELEF'14ONE NN t t ,r,:, �'. -PELC>CATE FANNCO CRE -`- � N\( L€ f�f TA 1 L TO 12.1C. - T ) i 14,,,\:, .,... Jot It - v,i,ITI/„. . P. '''. tt J A Ne.. . ', ',-...1..• - • "A , '_.-Ci yo°0 f4/ , .„,_ \ 4O', - .R -- ,; c-'0• \ ,y 14 ) • PLANT EFFL �,//.� �! ^ �E IJ' �� ` t{/ / I : : P; , 'L >LT — t .,It. I ' * ir\ t, '\ • ' . P _ k� N \ .. 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