Resolution No. 92-49A — --
MOM
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CITY OF TIGARD, OREGON
RESOLUTION NO. 92-4q-0-•
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 PLATTED PORTION OF RIVERVIEW ESTATES 42
SUBDIVISION.
WHEREAS, in 1988, the City of Tigard was granted a Permanent Storm
Drainage Easement, recorded in Washington County 88-23162; and
WHEREAS, in 1991, the Planning Commission approved subdivision SUB 90-
14; and
WHEREAS, the Tigard City Council finds that the platted subdivision
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offered by the current owners to replace this easement better meets the
needs of the City.
i
NOW, TFEREFORE, 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 property descriptions and
maps 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
extinguishing the easement. A copy of the deed is
attached hereto as Exhibit "B" and incorporated herein by
this reference.
PASSED: This day of 1992.
X-Xf-l.t.-yxx c c
ohn Schwartz, Council President
ATTEST:
City Recorder —City of Tigar
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d]:cD/rivervie.res
i
RESOLUTION NO. 92- a`.
Page 1
88-23162
Ex 1� b °'A" washmnaron county
INDIVIDUAL—GENERAL PARTNERSHIP
PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS TH&T-LZt,AY.
�:�r7R7ttYwe�.Si r-i I�( w:Y9..
hereinafer called t:e Grantors,4A�. iGon�for
�h1e "TT KS6fF•
fib dollars (t_ ) from the City of
Tigard, hereinafter calla rantee, grant and convey not;
the City of Tigard a
Perpetual easement for constructing, reconstructing, operating, maintaining,
inspecting and, repairing of an underground storm drainage line n and G'--- -"
appurtenances, together with the right toremove, as necessary, vegetation,
fo-iage, trees and other obstruction. on the following described parcel of
land, situate in the City of Tigard, Washington County, State of Oregon:
IT IS EXPRESSL'j UNDERSTOOD that this easement does not convey any right.
title or interest except those expressly stated in this, easement, nor
wi
otherse prevent-Grantors from the full use and dominion thereover; provided,
howevor, that such use shall not interfere with the uses and purposes of the
intent of the easement.
IN CONSIDERATION of the premises, grantee agrees that if said Grantee, ite
successors or assigns should cause said easement to be vacated, the rights of
theGrantee in the above described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event.
TOHAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN�WITNES WHEREOF, the rantyr e) has (have) hereunto set his (her)
(t a ) hand nd aesl(s) 1e /G day of 19e
(SEAL) '�-n„ �,� j�j •A . (SEAL)
(SEAL) (SEAL)
TATE OF OREGON )
)ss.
County of W..hilagterr )
BEIT REMEMBERED, that on this 3—A day of m
before me, the undersigned Notary Public in and for t e State of Oregon,
personally appeared the within-named
Lar tea.. Q,.aEt a—A (Aa- LA
(j,sys.,tY
who. is are k¢own to me to be the identical individual a described in end
who executed the within instrument and acknowledged to me that he (she) (they)
r executed the same freely and voluntarily. .
i ,ZTi_TESTIHpMY WHEREOF, I have hereunto set my hand and seal this 3r�J_day
¢f19_x.
-
- -
'zz-
Notlrry Public for UT440a
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EIan.i
pi�rea:iwY�om,nis_,on t nrrC.sp�j
Approved as-to legal description this �fday of /!'/Lj(w 19M.
Title: ,��i..e�I.'/>,C•fe/"'sal//1a�5 ///-1/�
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Approved this �day of
°
DEPARTMENT OF COMMUNITY DEVELOPMENT
Qplr.R 1/L2usYrtu'�� By:
CITY RECORDER 61
CITY Or.TIGARD Title:
RC:cn/2760P P.O.BOX 23397
"CA-11 nR-727A
STATE OF OREGON
COUNTY OF WASHINGTON)
Q 19M
Personally appeared the�ab�ovvp amen
who esecuted this--instrument and each of them acknowledged to me
this instrument was executed voluntarily and freely.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal
tSRSEALF
NSIA Notary Public of Oregon
1 61ycommission expires:-J-
ALPHA
E6�GAA4EEF4lfdTc, eiSC.
_. CONSULTING ENGINEERS&SURVEYORS
3617E 19 a 1750 S.W.SKYLINE BLVD. • PORTLAND,OREGON 97221 • PHONE:297.1458
APRIL 28, 1988
LEGAL DESCRIPTION
15 FOOT DRAINAGE EASEMENT
A PORTION OF T.L. 800 SOUTH OF "SWANSON'S GLEN"
A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 14,
-TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY
OF TIGARD,-COUNTY OF WASHINGTON, STATE OF OREGON, BEING MORE PAR—
TICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE S.
0 12' -19" E.. ALONG THE WEST LINE OF SAID SECTION 14,'A DISTANCE
OF 1,485.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF
- LANDCONVEYED TO BISSETT, ET AL, BY DEED RECORDED FEBRUARY 4,
1981 UNDER DOCUMENT NO. 81-003804 DEED RECORDS WASHINGTON COUNTY,
OREGON; THENCE N. 89 16' 31" E., ALONG THE NORTH LINE OF SAID
BISSETT TRACT, A DISTANCE OF 223.00 FEET TO THE NORTHEAST CORNER
THEREOF; THENCE S. 0 12' 19" E., ALONG THE EAST LINE OF SAID
BISSETT TRACT, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING
OF THE TRACT HEREIN TO BE DESCRIBED; THENCE S. 012' 19"E.,
ALONG THE .EAST LINE OF SAID BISSETT TRACT, A DISTANCE OF 95.00
FEET; THENCE S. 89 16' 3�" W., A DISTANCE OF 15.00 FEET;
THENCE N. 0 12' 19" W., A DISTANCE OF 95.00 FEET; THENCE N. 89
16' 31" W., A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. .
THIS DESCRIPTION IS BASED ON A SURVEY TITLED "BOUNDARY FOR
PROPOSED PLAT 'SWANSON'S GLEN"' AND RECORDED AT THE WASHINGTON
COUNTY SURVEY RECORDS AS C.S. NO. 22,344.
STATE OF 08m0cN
County of Washington SS
1,Donald W.Mason,Dlrettorof Ass—ont
and T-11—and Ex-Officio Recorder of Con-
. —yanees for said county,do hereby Cent:a that
the Wthln Insbumerd of writing was Ivod
and recorded in look of fooOrdS of Said county.
Donald W.Mason,Director of
Assessment and Taxation.Ex-
Officio County Clerk
PH 1:40
EXHIBIT "B"
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 Sierra Pacific Development, INC., an Oregon
Corporation, and Riverwood Joint Venture, consisting of Sierra Pacific
Development, INC., and Oregon Corporation , and Blue Sky Development,
INC., an Oregon Corporation, GRANTEE, all of GRANTORS right, title, and
interest in and to the real property, situated in Washington County,
Oregon, described in Exhibit "A" attached hereto and incorporated herein
by this reference.
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
C
By: Administrator
Patrick Reilly, City
STATE OF OREGON )
)ss. 1992
County of Washington) '
Personally appeared Patrick Reilly, who, being duly sworn, did
Ti
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.
(NOTARIAL SEAL]
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