Resolution No. 95-50 CITY OF TIGARD, OREGON
RESOLUTION NO. 95-.5 d
A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INSTALLATION OF A FENCE
OR ::ALL WITHIN EXCESS STREET RIGHT-OF-PJAY ALONG SW 135TH AVENUE AND
TRACT F OF CASTLE HILL NO. 2, ADJACENT TO THE GREENFIELD APARTMENTS.
WHEREAS, the subject property is a portion of dedicated, but
underdeveloped public street right-of-way of S.W. 135th and a portion of
Tract F, an open space drainage area adjacent to the Greenfield
Apartments; and,
WHEREAS, a license agreement has been prepared to alloy; the installation
of a fence or wall, in compliance with the City's adopted regulations;
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 license agreement attached hereto with Ruth Heldfond,
property owner of the Greenfield Apartments, is hereby
approved subject to the conditions within the license
agreement.
Section 2: The City Administrator is hereby authorized to sign the
license agreement on behalf of the City.
PASSED: This /D day f D 1994.
Ma - City of Tigar
ATTEST:
City Recorder - City of Tigar
dj/License.res
RESOLUTION NO. 95-_3 U
Page 1
LICENSE
THIS LICENSE, given by the City of Tigard, entitles Ruth Heldfond,property owner
of the Greenfield Vill1age Apartments located at 12085 S.W. 135th Avenue, Tigard, Oregon
97223 ("Grantee"), her successors and assigns, to the certain limited,described uses of the
re—al property described below(the "Subject Property").
1. The Subject Property is a portion of dedicated,but underdeveloped public street
right-of-way of S.W. 135th Avenue contiguous to the Grantee's property,indicated above
and a portion of Tract F,an open space drainage area. By this License, the City of Tigard
grants to Grantee the rights to make the following uses of the Subject Property:
A. To install a fence or wall, in compliance with the City's adopted
regulations,along a meandering line ranging from three to
fifteen feet,more or less, southerly of the northerly right-of-way
of Tract F and from three to eight feet,more or less, easterly of
the westerly right-of-way of S.W. 135th Avenue. The Subject
Property and fence lire are shown on the map attached hereto as
Exhibit A.
B. To landscape areas of the Subject Property including,but not
limited to,grading, planting and maintenance thereof.
2. The limitations on this License include the following:
A. If, at any time,the widening or improvement>>f the Subject
Property as an improved public street, road, or other public
purpose is approved by the City, Grantee shall remove,at its
expense and within ninety (90)days of receipt of written notice
to do so from the City, any fences,walls, trees or other
impediments to the opening of the Subject Property for public
use. The City shall not give the described notice until it has
authorized the improvement of the Subject Property.
B. Gr=antee accepts responsibility for the care and maintenance of
the Subject Property, and agrees to hold the City of Tigard
harmless from any claim arising out of the use or maintenance
of the Subject Property by Grantee.
C. This License shall not entitle Grantee use of the Subject
Property for any purpose other than as described in Paragraph I
above.
i - LICENSE oLsXrs93i&.aoc/s/lais5-2 di
D. This License shall expire upon the written notice by the City,
pursuant to Paragraph 2.A. above, unless sooner terminated by
the consent of all parties.
EXECUTED this /�-A day of ��c ion 1995 on behalf of the City of
Tigard.
City Administrator
STA'T'E OF OREGON )
}ss.
County of WctSh•I ns�L-on_ )
THIS INSTRUMENT was acknowledged before me on C1:4Obar 13
1995,by W tL(ta►,s. A.rnonaheAn as City Administrator of the City of Tigard.
OFFICIAL SEAL
CATHERiNE6PfHEATLEY ('"'^�v�-i ��[i"•-'�'--1
NOTARY PUBLIC-OREGON NOTARY PUBLIC:FOR OREGO
COMMISSION NO.042176
MY COMMISSION EXPIRES MAY 10.1999 My Commission Expires: 6/J D��
EXECUTED this day of 1995,by property owner of
Greenfield Village Apartments.
By:
Ruth Heldfond
STATE OF OREGON }
ss.
County of )
THIS INSTRUMENT was aOcnowledged before me on ,
1995,by Ruth Heldfond.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
2- LICENSE GJLSXI jj U-18/14195-2
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