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Resolution No. 94-41 CI`±`Y OF TIGARD, OREGON RESOLUTION NO. 94-441 A RESOLUTION AUTHORIZING AN ENCROACHMENT AGREEMENT FOR AN EXISTING HOUSE ON LOT 20 OF BENCHVIEW ESTATES PLAT. WHEREAS= a portion of an existing house on Lot 20 0f Benchview Estates plat encroaches into a sanitary sewer easement; and, WHEREAS, an agreement has been prepared to allow the exi• ,,,.aachment to remain subject to certain conditions; and, WHEREAS, it appears that the proposed agreement adequately protects the interests of the City. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The encroachment agreement attached hereto with Cascade Homes Development, Inc, dated August 10, 1994, is hereby approved subject to payment of $125 to the City by the owners as reimbursement for costs incurred by the City in preparing and recording the agreement. Sec-tion 2: The City Administrator is hereby authorized to sign the encroachment agreement on behalf of the City after receiving the required payment. Cpl PASSED: This day of n"� , 1994. City of Tigard ATTEST: ca'6��/LL City Recorder - City br Tigard dj1KA:Encroachment.res RESOLUTION NO. 94- Page 1 Atter Recording Return Copy of Recorded Document to: City Recorder-City of TI&w-d 13125 SW Hill Blvd.-Tigard,OR 97=3 RMrVMUAL File Na. ENCROACHMENT AGREEMENT TH,S AGREEMENT entered into this "Say of,)t _, 19f4 between the CITY OF TIGARD (hereafter"City")and +r,i4 „ (hereafter"Owners"). WITNESSETH: That the City, its successors and assigns, hereby-gr^atts—bargains, sells, and conveys unto the said Owners and Their assigns,thy.,right,power,and authority to lay down,construct,and perpetually maintain a building on'that certain foundation corresponding to the plot plan attached hereto,encroaching on the easement held by the City,said easement being over the following described property: txi?7 t "A" In consideration of which Owners and their assigns,hereby promise and agree as follows_ 1. To forego any and all claims that Owners might have at any time against the City arising from work ret:formed in gaining access to and repairing the sewer lines due to the encroachment on the easement; 2. To reimburse the City for all repair expense which exceeds the expense which would have been incurred if there had not been an easement encroachment; 3. To reimburse the City for the total repair expense if the repair work is necessitated by damage caused by the easement encroachment; 4. The City may determine in its sole discretion,the materials,means,and methods to be used in. effecting maintenance or repair. Maintenance or repair expenses are deemed reasonable when based upon competitive bids obtained by the City or upon the written opinion of costs by an independent registered engineer selected by the City. The cause of damage in subparagraph 3 above shall be established by the written opinion of an independent registered engineer selected by the City. a It is covenanted and agreed between the parties hereto that all the covenants and agreements above expressed shall be held to run with and bind the property described herein, and shall extend to and include their heirs,assigns,devisees,lessees,and holders of any kind of and under Ov.°ners. Page 1 of 2 OEM It is further covenanted and agreed betwem the parties hereto,their heirs and assigns,that this agreement shall continue only so long as the foundation is constructed in conformance to the plot plan and maintained in that location. All rights and privileges granted herein by the City shall terminated upon the non-conformance to the plot pian or discontinuance of such use. WITNESS our this - y of 192Y Si t4W,, bj_07.A. Signature Address r FF Address q STATE OF OREGON} as. County of Washington} This instrument was ac),3-wledged before me on August 18. 1994 (date)by Gerald R. &-Igler ice• OFFICIALSEALMANCYLAPONTAMN ?ZoMAURY PUBLIC-OREGON -s!SstomNo ozwo Notary's Signa AIY CGl AL.StON EXPIRES APRIL 1.1 L 8x7- g My Commission Expires: 4/1/97 In accordance with Resolr.uc. No.94-qL of the City of Tigard City of Tigard 131:5 S.W. Hall Blvd_ City Administrator Tigard,OR 97223 STATE OF OREGON) )ss. County of Washington) This instrument was acknowledged before me on_ (datF)by as City Administrstnr of the City of Tigard. 't <Ty's Signature ayFaaioahmea .__ My Commission Expires: Page 2 of 2 (REGISTERED PROFESSIONAL - LAND SUR�V.—E�YO(JR RANDY�OR,/OHNEA I_ I I I I I i Lor 20 I 37.0' 2:01 / I "• S Q.o- 1 WI Q �I z 15.0-PUBLIC SANITARY _I _SE'A'ER EASChM N7 _ i I_ — � 29.0'97.63' s.I• 20.p MANHOLE _ _—_ _ MANHOLE r� EXISTING SEWER LINE LOT 19 IE SET BRASS SCREW 0 SET 5/8' X 30' IRON ROD ® FOUNO MONUMENT AS NOTED SKETCH SHOWING SEWER LOCATION W.B. WELLS LOT 20. °BENCHVIE41 ESTATES" AND ASSDCIATES. INC. LLINTHE SE 1/4 OF SEC. 1 . T.2S. R.IY. Y.N. 4230 M.E. FREMONT ST.OF VASBINGTON STATE OF OREGON PORTLAND. OREGON 97213 8/8/94 SCALE: 1" = 20.0' .PHONE: 284-5896 OF BEARINGS: PLAT FILE N0. 94-045 MOBECOIT .ate