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7048 & 7049 ~ 97th Avenue (b) Attorney Anderson commented he would soon be able to finalize the purchase of land to be used for a parking lot adjacent to Cook Park. 12. RESOLUTION No, 74-60 A RESOLUTION CREATING A CITY COUNCIL ADVISORY COMMITTEE ON NOISE, AND DELINEATING THE SCOPE OF ACTIVITY OF SAID COMMITTEE. (a) City Administrator requested Council bring recommendations for appointment of couanittee members to next study session, (b) Motion to adopt: Councilman Cook, seconded by Councilman Moore, Approved by unanimous vote of Council, 13. ACCEPTANCE OF SANITARY SEWER EASEMENTS School District No, 23-J - Twality Jr. High School (2) Sewer Extension School District No, 23-J - Templeton Grade School Sewer Extension School District No, 23-J = S.W. Murdock Street L.I. D. (a) Director of Public Services & Facilities synopsized locations and purpose of easements and recommended Council accept and authorize execution. (b) Motion by Councilman Mickelson to accept and authorize Mayor and City Recorder to execute on behalf of City; seconded by Councilman Paterson, Approved._by unanimous vote of Council. 14. ACCEPTANCE OF STORM SEWER EASEMENTS Richard L. & Lee R, Miller Daniels, Wiggins, Daniels Contractors (a) Director of Public Services & Facilities requested Council accept storm sewer easements and authorize execution. (b) Councilman Moore moved to accept easements and authorize Mayor and City Recorder to execute on behalf of City; seconded by Councilman Cook, Approved by unanimous vote of Council, 15, CALL FOR SPECIAL COUNCIL MEETING November 7, 1974, 7:00 P.M. TO CANVASS RESULTS OF NOVEMBER 5, 1974 ELECTION. (a) Mayor Bergmann called a special meeting to be held at 7:00 P.M. November 7th, 1974 at Tigard City Hall for the purpose of canvassing the election results of the November 5th, 1974 election, 16. REQUEST FOR REIMBURSEMENT FOR TOWING FEES - Jack Shaw $7.,50 (a) City Administrator reported receipt of towing bill from Jack Shaw who had to be towed out of a ditch at the corner of Johnson and Grant, Attorney Anderson recouauended Mr. Shaw submit a claim in factual form and that it be submitted to our insurance carrier. Council requested Mr. Shaw be notified of recounuended procedure, City Administrator reported staff had been directed to take steps to improve situation, 17. OTHER BUSINESS: Mrs. Raglione: Storm Drain (a) Director of Public Services & Facilities, Mrs. Raglione and Council discussed the storm drainage problem at the corner of S.W. Knoll Drive and S.W. Hall Blvd. Director of Public Services & Facilities reported adjoining property owner, Mrs. Summers, had given verbal permission to install a storm sewer on her property. Staff will secure properly executed easement before proceeding with installation of storm drainage line. Staff has requested engineer to survey Summer°s property October 29, 1974. Council concurred with staff actions, PAGE 3 - COUNCIL MINUTES - OCTOBER 28, 1974 7049 r Projt: Twality J.H. Sch. Sew Ext Easement: S-1 Deed Reference: 536/39 KNOW ALL MEN BY THESE PRESENTS: That we (I) School District No. 23J, Washington County, Oregon hereinafter termed grantor (s) , in consideration of the sum of $ 1. 00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, 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 5.0 feet on each side, when measured at right angles, of the following described center line within the following designated premises : A portion of that tract of land in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point which bears West 146.63 feet and South 5. 00 feet from the Northeast corner of that tract of land conveyed to School District No. 23J (Ws. Co. , Ore. ) , by deed, recorded in Book 536 on Page 39 in said County' s Deed Records; running thence West, along the herein described centerline, parallel with, and 5.0 feet therefrom when measured at right angles, the North boundary line of said School District tract of land, a distance of 228. 90 feet, more or less, to a point of intersection with the West boundary line of said School District tract of land. 2. Temporary easement: None Together with the temporary right of ingress , egress and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the sides and within 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 structures 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 nn n BOOK 998 f'ACE 74D • s 7049 4,4100 STATE Off' OREGON ) 7J49 ) ss . County of ) On this /K day of '�..ta:.. ,� �-,C y before me appeared x (0,/ � r rrc - -,tet �✓� and r " = rtite both to me personally known, who being u v sworn, did say that he, the said x is the chairman , and he, the said x is the clerk of School District No. 23J, Wash. Co. , Ore. #ikRxWkilk* txRRNStaxiimM €ta tfRxx 41xitilxithRxatita cxlitftiRR x 4tx RifixiRa3mot tRkx a tkaxgexparRivaxat£a xisgxxx*dxggx exalsxmx and that the said instrument was signed and sealed in behalf of said District by authority of its Board of Directors , and x and x acknowledged said instrument to be the free act and deed of saidDii.. strict. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and ear last above written. • l Notary Public for Oregon My Commission expires_ G y`.0 /9 7 7 • • ACCEPTAOCU The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD r d Mayor / CiV7 By• Ca y Recorder /'� Filed for record l I.. . ...1a f... ofl61 STA'L'E OF OREGON ) ROGER ..,.......THO...MSS.EN,.(Di4reator� of R� xde & ) S s . q. ....... 1- • STATE OF OREGON County of Washington ss I, 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 No. —of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Deputy iifJ + In IU 3 ;III t4 eft; '4iiiio, ,sefo' 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. Witness our hands and seals this /2.61 day of Ufe.,-(4E-&-e-ic , 19747. SCHOOL DISTRICT NO. 23J, Wash. Co. , Ore: 40 - Mr i (SEAL) (SEAL) y J. 7hairman / --,--- / , , . . ., ,,,, , -,.' 7 / 7 • r / / / IL_ -e-/G,'" - /, 72:;`,/4=- P (SEAL) (SEAL) / r Clerk BOOK 998 E750 .., (SEAL) (SEAL) 7048 Proje : Twality J.H. Sch. Sew. Ext. Easement: S-2 Deed Reference: 536/38 KNOW ALL MEN BY THESE PRESENTS : That we (I) Sc'hnol nistrict No. 23.7. Washington County. Oregon hereinafter termed grantor (s) , in consideration of the sum of $ 1. 00 to be paid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, to- gether with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, 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 _ 5.0 feet on each side, when measured at right angles , of the following described center line within the following designated premises : A portion of that tract of land in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at a point which bears East 122.24 feet and South 5. 00 feet from the Northwest corner of that tract of land conveyed to School District No. 23J (Ws. Co. , Ore. ) , by deed, recorded in Book 536 on Page 38 in said County' s Deed Records; running thence East, along the herein described centerline, parallel with, and 5.0 feet therefrom when measured at right angles, the North boundary line of said School District tract of land, a distance of 288. 13 feet, more or less, to a point of intersection with the East boundary line of said School District tract of land. 2. Temporary easement: None Together with the temporary right of ingress, egress and regress, and use for sewer construction purposes , of additional lands lying parallel to, along the sides and within __ 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 structures 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 BOOK 998 Easement PACe 746 STATE OF OREGON ) 7048 ) ss . County of ) On this /0 M . day o1 et,a6 / ( ,19' before me appeared x //// ,�(.L-rc (t ( - ..-79'�--rrL..6. x'-/-..3--L-6-6.--- and x 406, ` 6-4-/ '.. —I,L, 2:L: both to me personally known, who being duly sworn, diA say that he, the said x is the chairman , and he, the said x is the clerk of School District No. 23J, Wash. Co. , Ore. kketxxictincoccaratasaccompcxxxatxtrizcaloctfaxemacegaVocattixeraxtragx2cakixixacieranceortsxkst kkaxma*mxxxtraxxxxkmxtxxxkaixemcmcxxtdomi and that the said instrument was signed and sealed in behalf of said District by authority of its Board of Directors, and x and x acknowledged said instrument to be the free act and deed of said District. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and y'•ar last above written. -- `c (.711 r, -i'L NotaryPublicOregin• ) My Commission expires '- . 2/977 r,, ACCEPTA CI; The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By `_".�-�f?M/ir .,i -t-1. -- � 'i 'L .- Mayor jj By: A c3-z�c-a 1 et. City Recorder STATE OF OREGON ) ... ) ss. County of tea, k ) On this aZaday of O cfUlnPt-- , 19k 7y , before me appeared F/e ,i i4 , a.ryh-ra and *0oY1s a#7`. , both to me peksonally known , being duly sworn, did say that he, the said yj et.-.. ,,,,1u ,, is the Mayor, and he, the said ©N!S •ccr-i-t is the Recorder o.f the CITY OF TI RD, a m,yn/icip al corporation, and the said f-7 q( 'b),ery yofte�and •,l s W orecu/, acknowledged the said instrument to be the free Ta ct and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my--.hand and affixed my official seal , this the day and year in this my certif° a f. st written. 4ary ubli dregon .:_e_j-My mmission expires Page 3 j3 le `-/. / Yn ''Filed3 td.......lee. . 197`{atl' AM. Easement ROGER OMSSEN, Director of Records & Eiel7t1,,ns soak 998 eAc€7d8 �Y .._ . �.. f.. .._ . .....,;Fixurr cri 7048 19 STATE OF OREGON ss County of Washington I, 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 No. of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Deputy 1 10 13 ri ji CITY OF TIGARD P.O. Box 23557 12420 S.W. Main Tigard,Oregon 97223 Irmo' 7048 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. Witness our hands and seals this //u2e,/ day of a. &„,6-cc,Lt-c A , 197(4 . SCHOOL DISTRICT NO. 23J, Wash. Co. , Ore. : -440 (SEAL) (SEAL) Chairman (SEAL) (SEAL) - 0 Clerk BOOK 998 pnE747 (SEAL) (SEAL) ,400, August 7 , 1974 MEMO TO: Nick Hiebert City of Tigard FROM: Anderson, Dittman & Anderson SUBJECT: Sewer Line Easement Union High 02 to School District #23J T return to you herewith the copy of easement document dated June 6 , 1967 , which accompanied. your note of August 6 , 1974, in which you ask whether Union High #2 may grant en easement to the City of Tigard for sewer purposes identical to that stated in the document of June 6 , 1967 , naming School District #23J as beneficiary of the easement. School District #23J (Tigard) , Washington County , Oregon , as now composed, includes all properties and rights formerly individually held by various school districts in the Tigard area for the reason that District #23J is the result of an integration of all other districts within Union Nigh #2 into one district known as School District #23J . Accordingly, under the doctrine of merger, School District #23J owns the fee title to the lands formerly owned by Union High #2 and the easement to which you refer has thus been ex- tinguished. There is no legal impediment to School District 023J granting to the City of Tigard n sewer easement of identi- cal or similar nature to that described in the document of June 6 , 1967 , provided that such grant does not interfere with the usefulness of the lands involved for school district purposes. Fred. A. Anderson PAA:pml Encl. *60 vie Avoid Verbal Messages A-1 CITY OF TIGARD To: P.'t rz eA i\v\jet, From: AjtC-14, Otelri- i v Subject: 4 I. t.,4 ::;i0.,„ , E ,1 Date: i ..'-'51 i"4:• e IL, s e.,. ,,,...,...,-. ,„, ,c,... h.„., I 1 4 4 . - 51 1, 1 ,.. , JT, ,...., ,.1 s --1 .....„---c. i. 0 4) 1 1:::)1 •'*,4..t. 1 e 4. .c-:*1 ,.-., A,", 4" = 4,.4 Lt4 p I J'4.! r../. I.C e p.1. 4,.,. 4-1, e e . / / . 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