90-57387 ~ Winter Lake Drive 90- 57387
Washington County
4� -0 CITY OF TIGARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON, AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING CERTAIN
EASEMENTS FOR SANITARY SEWER LOCATED IN A PORTION OF LOTS 9, 10, 11 AND 12, ASH
VALLEY TRACT
WHEREAS, in 1979, the City of Tigard was granted by Amart Development, Ltd. and James G. Stark,
Robert Craig Stark, Gerald Karl Stark, John Herbert Stark and Ruth J. Stark, two sewer easements
located in a portion of Lots 9, 10, 11 and 12, Ash Valley Tract for the purpose of constructing and
maintaining a sanitary sewer; and
WHEREAS, no sanitary sewer has been constructed by the City; and
WHEREAS, Don Morissette Builders, Inc. plans to replat the surrounding property to construct Village
at Summer Lake Park No. 5; and
WHEREAS, the existing sanitary sewer easements will run through Village at Summer Lake Park No. 5
unless vacated; and
WHEREAS, the City Council for Tigard finds that there is no longer a need for the easements granted
by Amart Development, Ltd. and James G. Stark, Robert Craig Stark, Gerald Karl Stark, John Herbert
Stark and Ruth J. Stark;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1. The City of Tigard hereby vacates those certain sanitary sewer easements located in a
portion of Lots 9, 10, 11 and 12,Ash Valley Tract. Copies of the easements are attached
hereto as Exhibit 'A' and incorporated herein by this reference.
SECTION 2. Further, the Tigard City Council hereby authorizes the City Administrator to sign a
Statutory Quitclaim Deed vacating the easements. A copy of the deed is attached
hereto as Exhibit 'B' and incorporated herein by this reference.
�l
PASSED: This day of O er, 1990.
M6yor - City of Tigard
A cT: AP OVED AS TO F M:
GL Gy LiP
ity Recorder - City of Tigard C Attorney --City of Tigard
io lg� D
Date
Certified to be a True ropy of
mmd\dgard\w—wmt—\9/28/90
Original on file
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//0 `,�, L� 3�� � City Recorder - City of Tigard
3 ! /I
` !. U/ 9 7-,;z,--,?,3 Date: l c`: &Pe-,
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KNOW .LT-L 'MEN BY THESE ?RESENTS: That we
i
hereinafter termed grantor(s) , in consideration of the sua of S -0-
to
O-to be paid by CITY Or TIGARD, a municipal corporation of Oregon, hereinafter
t termed the City, hereby grant, bargaia, 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 desicnated temporary easement, for the following _- �'
`• uses and purposes:
1. Perpetual easement:
t
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,
4. vegetation, foliage+f 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 rake such use
i 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 each side, when measured
at richt angles, of the following described center line within the
following designated premises:
°• A tract of land being a portior. of S.E. 114, Section 33,
T_1S, R.1w, Willamette- Meridian, Washincton County, Orecon,
sj City of Tigard, also being a portion of :,ots 9,10, 11 and
"yt 12, "Ash Valley Tract", a duly recorded subdivision and
being more particularly described as follows: Beginning f : .<
L _ x at a point on the west line of said Lot 9, that is North
0`01'37" West, 258.00 feet from the Southwest corner of 4. :.
+ said Lot 9; thence South 46°42'35" East, 145.00 feet; thence _
North 89"52'31" East, 207.0 feet; thence North 29. 19'14"
'Yz East, 168.0 feet; thence North 10°03'49" East, 298.0 feet;
thence North 4`53148" East, 644.0 feet; _hence North 36"
36'•40" East, 487.0 feet; thence North 4°30'50" East, 18.69
feet, to the Northerly terminus of said centerline.
�• 2. Temporary easement:
Together with the temporary right of ingress, egress and regress, '
and use for sewer construction purposes, of additional lands
2 ti--
r1 lying parallel to, along the sides and within feet, when - �;
i measured at right angles, of the above described perpetual casement - - "';�J;:
area, excepting and reserving to grantors the unencumbered enjoyment,
use and preservation of all structures present upon the premises.
This temporary easement shall terminate u?on completion of the sewer
.:onstruction work, at which time, u{ion request of the owner, the `
City will issue a written release thereof. x
Page 1
'•�. Easemcrt , EXHIBIT
p2 Pa e L_ of >>
���l Paces
. - _ .: 1a= .} J-�,: + - _. r...„': Y .�s rirF�:•4�,,,,may, a _,.. ,, .. _ _si::-
v-... :.0+.w.r.:._..�...._._+..-;r'L'►itnS�z.a_.=.. . :_....-;•i-<.....--•a:.__ x�,..�.::+La.r�'y�-. �.�^-•y may+._ _1�.�.s==:-.,�..:..a.-... "i-...
1 Y�a
h
Shouid it be necessary to cut and remove any brus'}, trees, or other
L .• . '`
matter or materials from ttie casement area, said brush, trees, or other f
matter and materials shall be removed and disposed of by the City and the ` *
City shall leave the easement area in a neat and workmanl�.ke condition. The
City agrees that in connection with its vse of the perpetual easement arta
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 co grant the above described easements.
Witness our hands and seals this 13 day of Alpr4.,,46,
�nr:=Yd I�• Lt* �4C'� (SEAL) _ (SEAL)
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(SEAL)
(SEAL)
. C1n►w tl ^w Ti, 1 t►rr.rl �: .�, •,
(SEAL) (SEAL) x
For a consideration, the mortgage lien on the above described
pro ias is hereby made subordinate to the easements above , p
Y
:AT
't rO.M N.•�{..-ACKNO+'af OGMt M1—COt.O••I�ON. _ .•l��t J
), .i �1.•t,...
�{ STATE OF OREGON, '�✓ -�-
.•-i. 1County of n....� ss On Nti. /3 day cd lY 1f.
4
. . before me appeared �.+�..w•e^ Q re.r nod
v� �t .� j
v . both fo me persona/fy krtown,who being
•�. duly sworn,did say that he.the said Qi1A.�•t+w.
is the President, and he. rhe said �.D. /�s.+..•v,- ,�
the Secretary of
t:
!.• the within named Corporation.and that the seal affixed to said inxtrument is tine corporate sen/of said Corpora.
:«� tion,artd that the .aid instrument was signed and sealed in behalf of said Corporation by authority of its Board
and bK
� of Directors, and
�c �u
`S�•' acknowledge said instre•nent to be the free act and deed of said Curptuatton.
r` = IN TESTIMONY WHEREOF.!have hereunto set my band and a7ixrvf Y'n,
my official Val the day anct year I t olrjvc writren.
'` ..• '• fl ��00"�� N tary Public for Oregon.
t c`'
f fir' ai My Contmixxion expires !
yt 4
i- and acknowledged the foregoing instrument to be their voluntary act and deed
2 Before me:
_ ?. Notary Public for O egon
My Commission expires:
Page 2
• ` ` Easem^_nt I :,^ra
EXHIBIT�
Pa e Q_ of
Panes
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• DA*rrD this (I;,%- of Noycmbc-, 1)If3.
At
f i J iES G. STARY. `' =-r�•'
7
OR BERT CRAIG; S7ARK
el
' GERALD KARL STARK
h;� J
J N iERB!:I: TAS r
R TH .7. ST�JtRR
— :a
STATE OF
e�} County of ' ss
+:
On the ZOJe day of November,1978, personally appeared
the above-named JA:-ES G. START and acknowledged the foregoing
documen-tto be his voluntary act and deed. }
T ,i�� :a :��: �^.. •••''•. Before me: ✓ O - - .�' .
Notary Public f r
y '' -4 jo• ^-��G ;
My Commission Expires:- - �__�4_�� .-..• .
'x Z
:' ; 1 %cegon )
`� 1 S�TRTG�P' 0 .
_ 1 ss.
J County of Wa.bk nq"ton appeared
On the 18•th day of November,1978, personally app K
the above-named RUB-ERT CRAIG STARK and acknowledged the foreaoinq
ii,strument to be his voluntary act and deed. `
� f=�.y. fit_'-••••. r - k_�_.� '- •`._
_ .._ f j.'•._ Before me
;g.;. ''. . •... •.•��,: Not y� ublic or a on
x. _:`t1pTARy •vim
My Co. ssion Expi s:
•ij Tti: �`' 'y '- Wiz. -.t;t
'g EXNIBIT�_-
Page 3 of
Panes .,..
�:v .1.�:': x c�4� _ i�. _ �.. vim:. . ._ - _.. •- :�.w,_
.:r�•rr ter CALZEQ:�It1—�. � `�`
County of SAKI MAT£Q
: On the 16th day of November, 1978, personall}' am--red t
the above-named GERALD KARL STARK and acknowledged the forcgoiuq
` instrument to be his voluntary act and d ed. t'3
;,:,before me:
e:c::-=* :=== - ary ubl or an lateo Count
Commission Expires: i:av 5, 1 80
:. My utref MAY S.195o
.
STATE OF Or�oen )
s County of Washington )
On the�4th day of November,1978, personally appeared
the above-named JOHN HERBERT STARK and acknowledged the foregoing
_ instrument to be his voluntary act and deed_
J`':Z
Before me:Thelma B Cowan
'+ Notary Public for
vL 1a My Co i,.
•i
T, v-`n STATE OF 02egon ) t' 1 its,
ss.
County of WaAhing•ton
On the 28thday of November. 1978, personally appeared i_•:
,•?-;-: the above-named RUTH J. STARR and acknowledged the foregoing in-
-'� strument to be her voluntary act and deed.
�lr"'�"`•X_✓f,` Before me*ty
.tk/ 2
.�.�� =j.• �-"` icfor Un. otic" � �� on Expires: 7-23-82 `.
13U
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EXHIBIT
Page of
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5:A't E-OF OREGON
'Y? County of ) ! •�
On this day of _ 19 personally
y
appeared the
a _
bone named
and acknowledged the foregoing instrument to be their vclintary act and
:t.
deed-
Before me: {1
Notary Pudic for Oregon
my Com.-nission expires:
ACCEPTANCE
� The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
C131Y Oi' GARB
`S 1 STATE OF OREGON
' 1 )ss.
County of LCi�cs )
A
N n
•• � On this �7�- day of _.., � 19.6,�c, before me /
a+ appeared fI ��n /f,.kol<e+� and I)cat .`�c�+
s:•.. d
both to me personally known who, being duly sworn, di say that he, the
said jj/Q„ /(„(tc(s,�,� is the Mayor, and She, the said
is the Recorder of the CITY OF TIGARD, a municipa
corporation, and the said and
acknowledged the said instrument to be the free act and ed ,
of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, this the day and year i thi certificate first written.
................ , 1 _
<<" t�ublic for Oregon
-ti .iiY g
IAfl,
Y
O
My commission expires
1 " 0 4
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;. Easement
I • i EXHIBITIN
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STATE OF OREGON �
tW-
k I. Roper 7homtten. Okector.of Reeoras - •s-.t i:}t!
^•
l .•.. p Md Electrons std Es•OIRoa Recgdsr of Con. -
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wTsneee for se10 eountY.do harebY MMh that `:•... .;..,�V,.Z'
the within irNtru"Wnt of wrhinp
f and recorded in book of records of said co oty. -TN i:;-` r
ROGER THOMSSEft Oinctor o/ - _•'"-'G�
Records A Etictiont
a, 't-:�sYrir�.r ✓•" INDEXEDjFl
i.
Sir 17 1133 AN 13
S«�� ._ .- i�• •'>:: •tea
EXHIBIT A'
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Page of
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lo
79042700 s
�t
Project: Bellwood No. 3 �.
Easement: i
Oeed Reference:
KNOW ALL NEN dY THESE PRESENTS: That we >`>�( smart �e�Plooa�nt L`d. t
r limited partnership. James G Stark, Robert Craig Stark, Gerald Karl Stark.
John Herbert Stara: and Ruth J. Stark, Individuals. -
hereinafter termed grantor(s), in consideration of the sum of 5�9�
to be paid by CITY OF 1'tGneeU, a municipal corporation of Oregon, ereinaFter
termed the City, hereby grant, bargain, sell and convey unto the CITY OF .s
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:
I. Perpetual easement: `
An unencumbered perpetual right-of-way and easement for the _-
purpose of constructing, reconstructing, operating, maintainir-,
d
line inspecting and repairing of an underground sewer ne an _ `
ter. ..t�.
appurtenances, together with the right to remove, as necessary, :-
' vegetation, foliage, trees and other obstructions within the
'` t 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, Wit+
as will not interfere with7the 'uses'and ur - ses of the easement; '~
P Po
said easement area being 7 112 feet on each side, when measured r ti
at right angles, of the Eo-Lrwinq <7escribed center line within the
'.
following designated premises: - -
Beginning at a point on the South line of Section 33, T15 RIW, W. M. << �
S,T N-88`48'40"-W 1,038.65 ft. from the Southeast corner of said Section 33,
! thence: N-17"08'50"-E 165.33 ft. to an existing sanitary sewer manhole.
c r�
.,•i• + 2. Temporary easement: �r8
'rye
Together with the temporary right of ingress, egress and regress,
and use for sawor construction purposas, of additional lands
♦
�.. lying parallel to, along the sides and within feet, when r`. .
^.v
•�: measured at right angles, of the above describe 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 te'rm'inate upon completion of the sewer :,?;i\�,
construction work, at which time, n request of the owner, the
'po q
Citwill issue a written release thereof.
city f;
C
Page 1
- Eazemert
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Pages
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Should it be necessary to cut and remove any brush, trees, or other
matter or materials from the easement area, said brush, tries, or other
a natter 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 casement area
-f; and in inspecting, repairing, maintaining, or replacing said sewer line, the -
f City will leave the premises in a neat and workmanlike condition and as nearly
:i in the pre isting state as practicable.
i5
The grantors de 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 gam` day of C�C
40Vr��•
SEAL,
SEAL)
-- -- ,•r
S ,
(SEAL) / (SEAL? i
_ .; •, r vet.
' aG`4c•�( - ' (SEALI (SEAL)
For a consideration; the murtgatie lien.on' the above- described Y .
properties is hereby made subordinalc Lo'the ,easements above granted
^= j
Dated this
u.y of 19
Mortgagee
By
STATE OF OREGONf County of ) R
•.. .,;
t. On this day of _ 4 _ 19 —, personally i:_=�I
P1,
appeared the above named 1—
rument to be their voluntary act and deed.
and acknowledged the foregoing inst
Before me:
Notary Pu is or Oregon
fly Commission expires: J�Ivjp'0".4. '
:o ...."
' U -ya/.
Page 2 ;
Easement
y _.... . , EXHIBIT_ _
Page $— of
• � �rrV
STATUTORY QUITCLAIM DEED
(EASEMENT VACATION)
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 DON MORISSETTE BUILDERS,
INC. , an Oregon corporation, GRANTEE, all of GRANTOR'S right,
title, and interest in and to the following described real
property, situated in Washington County, Oregon, to wit:
EASEMENT I
That certain easement granted by James G. Stark, Robert
Craig Stark, Gerald Karl Stark, John Herbert Stark,
Ruth J. Stark and Amart Development, Ltd. , in favor of
the City of Tigard and recorded on September 17, 1979,
Reference No. 79037928 in the Records of Washington
County; and
EASEMENT II
That certain easement granted by Amart Development,
Ltd. , a limited partnership, James G. Stark, Robert
Craig Stark, Gerald Karl Stark, John Herbert Stark, and
Ruth J. Stark, in favor of the City of Tigard and
recorded on October 16, 1979, Reference No. 79042700 in
the Records of Washington County; and
which encumber GRANTEE'S real property described as follows:
PARCEL I (Easement I)
A tract of land being a portion of S.E. 1/4, Section
33, T. 1S, R. 1W, Willamette Meridian, Washington County,
Oregon, City of Tigard, also being a portion of Lots 9,
10, 11 and 12, "Ash Valley Tract", a duly recorded
subdivision and being more particularly described as
follows: Beginning at a point on the West line of said
Lot 9, that is North 0°01137" West, 258.00 feet from
the Southwest corner of said Lot 9; thence South
46°42135" East, 145.00 feet; thence North 89°52131"
East, 207.0 feet; thence North 29°19114" East, 168. 0
feet; thence North 10°03149" East, 298. 0 feet; thence
North 4°53148" East, 644 .0 feet; thence North 36°36140"
East, 487.0 feet; thence North 4°30150" East, 18. 69
feet, to the Northerly terminus of said centerline.
PARCEL II (Easement II)
Beginning at a point on the South line of Section 33,
TIS R1W, W.M. N-88"48140"-W 1,038.65 ft. from the
Southeast corner of said Section 33, thence: N-
17`08150"-E 165. 33 ft. to an existing sanitary sewer
manhole.
Page 1 - STATUTORY QUITCLAIM DEED
EXHIBIT
A) Page i of
Pages
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 cyc� 1990.
CITY OF TIGARD, OREGON
By: r
Pa C rick a Re' y, C ty inistrator
STATE OF OREGON )
ss.
County of Washington bP-4 1990
Personally appeared Patrick Reilly, who, being duly sworn
did say that he is the City Administrator for 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
instrumi'nt ,to be its voluntary act and deed.
[ ig9TARhAL.. SEAL)
ROTARY PUBLIC OF OREGON
My Commission Expires: /v f�
STATE OF OREGON
County of Washington SS
NO CHANGE IN TAX STATEMENTS i,Jerry R. Hansp or of Assessment
and Taxation an�aE)e fficio 9rder of Con-
AFTER RECORDING RETURN TO• Con-
veyances for county,do hare certify that
the within instrument of writing welt.received
Kenneth M. Elliott and recorded in book of records 6feai4county.
Attorney At Law Jerry R. Hanson, firor of
O'Donnell, Ramis, Corrigan & Crew Assessment and.TaXati , Ex-
1727 NW Hoyt Street OtficioCounty derk
Portland, Oregon 97209
mmd\Ngand\sewewmcvw
Page 2 - STATUTORY QUITCLAIM DEED 1990 OCT 17 PO 12: H
EXHIBIT
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PAnac