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80-026999 ~ 9110 SW Burnham Street SW"' 404010, 00026999 GREENWAY AND OPEN SPACE _ WARRANTY DEED o **** THIS DEED SUPERSEDES THAT DEED RECORDED Jan. 8, 1980 as fee iE80-000717***,'' -'' KNOW ALL MEN BY THESE PRESENTS, That Southwest Portland Partnership, hereinafter call Grantor, for the sum of $1.00 constituting the _j actual consideration for this deed, do hereby give, grant and convey unto the City of Tigard a municipality of the State of Oregon its successors and assigns, all the following real property having a a2- 11 value of $1.00 per square foot, with the tenements, hereditaments and appurtenances for the purposes of greanway, open space, parks and floodwater control said property situated in Washington County, Oregon and more specifically described as: Than portion of Lot 3, Burnham Tracts, City of Tigard, lying southwesterly of the southwesterly line of an easement for sewer purposes granted to the Unified Sewerage Agency of Washington County by an instrument recorded in Book 890, page 753, official records of Washington County; EXCEPT that portion more particularly described as : beginning at the southwesterly corner of said Lot 3 and running thence N. 45°14' East a distance of 180 feet; thence N. 44°46' West a distance of 240 feet, more or less, to a point on the westerly line of said Lot 3; thence S. 4° 15' E. a distance of 300 feet to the point of beginning. Contains appr. 74,500.00 sq. feet. To Have and to Hold the above described and granted rights unto the said City of Tigard and assigns forever for the uses and purposes hereinabove stated. The grantor hereby covenants that it is the owner in fee simple and has a good and legal right to grant the above described. IN WITNESS WHEREOF, the grantor has hereunto set its signature and seal • is 14t day of July , 19 . 7wtPiand artnership - Date Date STATE OF OREGON, ) County of Washington )ss Be it remembered, That on this 14th day of July 19 80, before me, the undersigned, a Notary Public in and fJr said county and state, personally appeared the within named Tom K. Stern known to me to be the identical individual described in and who executed the within instrument and acknowledged to me thathe executed the same for the purposes therein contained. IN TES,TIMO,NY WHOEOF, I ha e hereunto AFTER RECORDING RETURN TO: s ny h4,6d an ffixed y official City of Tigard ;Shea `,.:tare day ad year ast above written. P.O. Box 23397 e f 12420 S .W. Main, / , Tigard, Oregon 97223 ,L - � /e / -� My commission expires 4-16-82 314- polo 21. STORM WATER CONTROL REPORT (a) Director of Public Works requested Council consider the request by CH2M-Hill for additional funds in the amount of $12,500 to cover costs of the study. Director of Public Works recommended Council only authorize an additional $1,200 be paid to the contractor for extra work requested by the City and request the report be prepared and delivered according to the original contract which was signed for the work. (b) Consensus of Council was to pay an additional $1,200 over and above the original contract terms to CH2M-Hill and request the study be delivered to the City. 22. GREENWAY & OPEN SPACE WARRANTY DEED - Familian Northwest, 9110 SW Burnham Street - Accept and authorize recording. (a) Director of Public Works recommended Council approve deed, noting that this contains a revised legal description from the original deed signed last year. (b) Motion by Councilman Cook, seconded by Councilman Brian to accept deed and authorize the City Recorder to record. Approved by unanimous vote of Council present. 23. OTHER (a) City Administrator discussed with Council a problem being experienced in the Summer Hills L.I.D. area with sewer connection charges . The Amart/ Wedgewood sewer contract has become effective as of July 1, 1980 and requires an additional $360.00 fee be charged for the area at the time of sewer connection. The City failed to notify the L.I.D. participants of this charge increase since the contract language was not clear as to the boundaries of the sewer charge area. After lengthy discussion regarding the issue, Council consensus was to temporarily waive the sewer contract connection charge of $360.00 until the City Attorney and staff could discuss the problem with Amart and Wedgewood. Staff to report back to Council shortly. (b) Finance Director requested Council authorize downpayment of $4,360 to Cogebec as required in the software contract for the computer system. Motion by Councilman Brian, seconded by Councilman Cook to authorize payment of $4,360 to Cogebec per the contract requirements. Approved by unanimous vote of Council present. (c) Director of Public Works requested Council approve and sign a contract with Marlin deHaas and Associates for the preliminary engineering services for the 72nd Avenue L.I.D. project. He noted that this fee would be about 54 to 61% of the total cost of the project, which was below the national average. Motion by Councilman Cook, seconded by Councilman Brian to approve contract and authorize the Mayor and City Recorder to execute. (d) Director of Public Works requested Council consider releasing part of the performance bond on Exodus Subdivision (at the end of Fairhaven Drive) . The sidewalks and bikepath are not going to be required as there is no room to install them. The curbs have a 2" trench behind them that needs to be filled and there are two storm drain locations which need to be done. Director of Public Works recommended release of that portion of the Tar fnrrnonno hnnA nth.", 1-1-Inn thn ')n% ...... _ __ • APPROVED AS TO FORM THIS d DAY OF , 1980. Cit rttorney -' ity on'-Ti4ard APPROVED AS TO LEGAL DESCIRPTION THIS //7 DAY OF 1980. Director of Pub1ic"7orks - City of Tigard APPROVED THIS /y DAY OF ,�4 , 1980, BY THE TIGARD CITY COUNCIL. .41001111111Viel "..// 411111111°111.11" Mayor - City of Tig.rd ATTEST: /(fse)14:4-4' '>' // - Recorder - City of rd 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 of said county. ROGER THOMSSEN, Director of Records&Elections CP / P tNDEXEO 1 I': l„ i3 `' 4 WARRANTY DEED PAGE 2