10/08/2008 - Packet Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board,Commission or Committee
uo 8
Date of Meeting
To the best of my knowledge this is the complete meeting packet. I was not the meeting
organizer nor did I attend the meeting; I am simply the employee preparing the paper
record for archiving. This record came from Greer Gaston's office in the Public Works
Building.
Kristie Peerman
Print Name
Signature
4_3
Date
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, October 8, 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
1. Call to Order, Roll Call and Introductions
Call the meeting to order, staff to conduct roll call.
2. Approval of Minutes — September 10, 2008
Action: Motion to approve the September 10, 2008 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update - Mr. Goodrich
5. Review of Street Dedications, Easement and Remnant Property Sale Related to the Burnham
Street Improvements —Tigard City Engineer Duenas and Attorney Ramis
Action: No action required. The Board will be asked to consider the dedications, easement and
property sale at a future meeting.
6. Note:Due to Mr. Koellermeier's absence, staffreguests the Board table this stem until its
November meeting.
Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham
and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and
the City of Tigard - Continued - Commissioner Carroll
Action: No action required.
7. Non-Agenda Items
Call for non-agenda items from Board.
8. Informational Items
9. Future Agenda Items
■ Street dedications, easement and remnant property purchase related to the Burnham Street
Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
INTERGOVERNMENTAL WATER BOARD AGENDA— OCTOBER 8, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for leak,water meters,
and non-payment of water bills.
- The billing insert policy.
10. Next Meeting:
November 12, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
11. Adjournment
Action: Motion for adjournment
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are
confidential and those present may disclose nothing from the Session. Representatives of the news media
are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
INTERGOVERNMENTAL WATER BOARD AGENDA— OCTOBER 8, 2008
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 2 oft
Sign-in Sheet
Intergovernmental Water Board Meeting
Date: Och)her 8 , goOfi
Name Do you wish If yes, please give your address
please print to speak to
the Board?
John Q. Public Yes 13125 SW Hall Blvd.
Tigard OR 97223
04
`t C h. 2 3
Intergovernmental Water Board (IWB)
Meeting Minutes
October 8, 2008
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Julie Russell Representing the Tigard Water District
Bill Scheiderich Member At-Large
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Assistant Public Works Director Brian Rager
Utility Division Manager John Goodrich
Tigard City Engineer Gus Duenas
Attorney Michelle Neumann
IWB Recorder Greer Gaston
Note: Agenda items are recorded in the minutes in the order they were
considered.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:30 p.m.
2. Approval of Minutes —September 10, 2008
Commissioner Buehner motioned to approve the September 10, 2008 minutes;
Commissioner Russell seconded the motion. The minutes were approved by majority
vote, with Commissioners Buehner, Carroll, Russell and Winn voting yes. Commissioner
Sheiderich abstained.
5. Review of Street Dedications, Easement and Remnant Property Sale Related to
the Burnham Street Improvements — Mr. Duenas and Ms. Neumann
Ms. Neumann distributed a memo dated October 8, 2008 regarding Procedures for
Transfer of Water Building Remnant Parcel from the IWB Members as Tenants-in-
Common to the City of Tigard. This memo is on file in the IWB record. Ms. Neumann
summarized the memo.
Mr. Rager distributed a dedication deed for road or street purposes and a permanent
public utility easement. These documents are on file in the IWB record.
Intergovernmental Water Board Minutes October 8,2008
1
Mr. Duenas explained the Burnham Street improvement project and how the remnant
parcel would be reconfigured to create driveway access for two properties.
To simplify the process, Commissioner Carroll proposed selling the entire remnant to the
City of Tigard and letting Tigard handle the street dedication and other issues associated
with the parcel. Commissioner Winn concurred. Board consensus was a new appraisal,
to incorporate the street dedication, was not necessary because the IWB had already
agreed to donate this portion of the parcel to Tigard. Mr. Duenas confirmed documents
would be changed to have the remnant transferred to Tigard in its entirety.
The Board briefly discussed the separate street dedication and easement on the
opposite side of Burnham Street as depicted in the documents provided by Mr. Rager.
At the request of Commissioner Buehner, Ms. Neumann said she could prepare a deed
for the remnant parcel which would be sent to each member jurisdiction prior to the next
IWB meeting.
Ms. Gaston confirmed the next step in disposing of the remnant parcel would involve a
resolution for consideration by each member jurisdiction and then a resolution for the
IWB. Timelines for member jurisdiction consideration were discussed.
Commissioner Carroll confirmed there would be three transactions: a dedication deed,
an easement, and a sale document.
Ms. Neumann committed to:
■ Work with the various member jurisdictions to identify and coordinate their
individual processes to surplus property.
■ Have revised dedication and easement documents for consideration at the IWB's
next meeting. Three of the five Commissioners must approve these documents.
• Provide an IWB resolution to consider the conveyance of the remnant parcel at
the IWB's next meeting. Three of four member jurisdictions must approve the
resolution.
■ Prepare resolutions for the member jurisdictions to surplus the property.
• Provide a deed transferring the tenants-in-common interest to the City of Tigard,
after Tigard completes its portion of the disposition process.
In response to a request, Ms. Gaston said she would furnish the complete appraisal of
the remnant parcel to Commissioner Russell.
Commissioner Buehner suggested staff investigate whether there were any other similar
properties to be surplused, and if so, perhaps those should be "cleaned up" as well.
3. Public Comments
Marland Henderson, 11795 SW Katherine Street, Tigard, Oregon, reported the City of
Tigard had applied for a grant to study the use of reclaimed water. Chances are
favorable the grant will be funded. The legislature appropriated $5 million to investigate
the use of reclaimed water under the authority of the Oregon Water Resource Board.
Tigard consulted Clean Water Services regarding the grant application.
Intergovernmental Water Board Minutes October 8,2008
2
4. Water Supply Update
Mr. Goodrich reported:
■ September water consumption averaged 8.06 million gallons per day; this is
slightly higher than the 10-year average.
■ Tigard is using interruptible water as of October 1.
■ 262 million gallons remain in aquifer storage and recovery.
■ The new reservoir will likely be online in the next few weeks.
■ Tigard supplied 120 million gallons of native ground water this year, which
represents $376,000 in revenue.
■ Aquifer storage and recovery injection will begin in the next month or so.
9. Future Agenda Items
■ Street dedications, easement and remnant property purchase related to the
Burnham Street Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard
Water Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for
leak, water meters, and non-payment of water bills.
- The billing insert policy.
Mr. Goodrich advised an internal review was underway regarding the credit-for-leak,
water meter, and non-payment of water bill policies. The intent of the credit-for-leak
policy is to make sure Tigard's wholesale costs are recovered. He asked for clarification
regarding the appeal process. The Board indicated:
• It wanted to increase the dollar amount of credits handled by staff. It was
suggested to increase this number from $500 to $2000.
• It wanted to retain an appeal process with the IWB as the final appeal authority.
Commissioner Winn inquired whether the IWB's past practice of issuing the prescribed
credit and then splitting the difference of the remaining balance with the customer would
be included in the policy. Board consensus was no additional credits would be issued
outside those specified in the policy and Tigard must always recoup the wholesale cost
of water.
7. Non-Agenda Items:
Commissioner Russell inquired how a water conservation brochure was distributed. Mr.
Goodrich responded the brochures were not mailed. He said information on water
conservation offerings was provided to:
■ Customers in their water bills.
■ Every Tigard Water Service Area residence in the annual Water Quality Report.
He reported everyone in the Tigard Water Service Area receives the same information.
Intergovernmental Water Board Minutes October 8,2008
3
6. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements
(IGAs) between Durham and the City of Tigard, King City and the City of
Tigard, and the Tigard Water District and the City of Tigard - Continued -
Commissioner Carroll
Commissioner Buehner explained the City of Tigard's discussion of this item was
delayed due to scheduling conflicts. She said Tigard's comments on the IGAs would be
ready for the next IWB meeting.
8. Informational Items: None
10. Next Meeting:
November 12, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
11. Adjournment
At 6:32 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner
Russell seconded the motion. The meeting was adjourned by unanimous vote, with
Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes.
S
IWB Chair Greer A. Gaston, IWB Recorder
Date: Alae/V /J C ax S
Intergovernmental Water Board Minutes October 8, 2008
4
i
Agenda Item No.: 2__�
IWI Meeting Date: /D _'�3 DYE
Intergovernmental Water Board (IWB)
Meeting Minutes
September 10, 2008
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Julie Russell Representing the Tigard Water District
Dick Winn Representing the City of King City
Members Absent: Bill Scheiderich, Member At-Large
Staff Present: Public Works Director Dennis Koellermeier
Water Quality & Supply Supervisor John Goodrich
IWB Recorder Greer Gaston
Note: Agenda items are recorded in the minutes in the order they were
considered. This order varies from the agenda, thus the discrepancy in
numbering.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:31 p.m. He explained
Commissioner Sheiderich could not attend the meeting, but had sent an email detailing
his thoughts on agenda items 6, 7 and 9. This email is on file in the IWB record.
2. Approval of Minutes — May 14, 2008
Commissioner Winn motioned to approve the May 14, 2008 minutes; Commissioner
Buehner seconded the motion. The minutes were approved by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting
yes.
3. Approval of Minutes —July 9, 2008
Commissioner Buehner motioned to approve the July 9, 2008 minutes; Commissioner
Winn seconded the motion, The minutes were approved by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting
yes.
4. Public Comments: None
Intergovernmental Water Board Minutes September 10,2008
1
5. Water Supply Update
Mr. Goodrich reported:
■ August water consumption averaged 9.54 million gallons per day, with a peak
consumption of 12.4 million gallons per day.
■ 172 million gallons, or an 82-day supply, remains in aquifer storage and
recovery.
■ Tigard has 28 million gallons reserved through the Joint Water Commission. The
City is currently drawing 1 million gallons per day. Mr. Koellermeier added Tigard
had prepurchased this water and wanted to ensure it will be used.
■ The requirements of the Portland Water Contract were discussed briefly.
■ Commissioner Russell inquired about the condition of the pavement on Bull
Mountain Road near the new reservoir. Mr. Koellermeier said the final paving
would take place in mid-October once heavy equipment had left the site.
Commissioner Russell also asked about the light leading onto the reservoir site,
which is on throughout the day. Mr. Koellermeier said he would check on this.
6. Consider Making a Recommendation to the Tigard City Council Regarding
the Approval of the First Restated Intergovernmental Cooperative
Agreement Creating the Willamette River Water Coalition (WRWC)
Mr. Koellermeier provided background information and summarized his memo regarding
this item.
The original water right was for 170 million gallons per day and was owned by Wolf
Creek Water District, which became the Tualatin Valley Water District. With the
formation of the WRWC, the right was then transferred to the coalition. The Tualatin
Valley Water District has access to the water right through its membership on the
WRWC.
Mr. Koellermeier pointed out the "Tigard paragraph," which guarantees Tigard 20 million
gallons per day.
In response to Commissioner Sheiderich's email, Mr. Koellermeier said the concept had
been that the partners of the WRWC would jointly build facilities using the 170-million-
gallon-per-day water right. However, if individual partners, like Sherwood, move forward
without the other partners, water rights are acquired on a first come, first served basis.
These rights need to be allocated in order to secure financing. Such decisions are made
by mutual agreement of the WRWC members. Commissioner Buehner confirmed this
agreement allocates 20 million gallons of the total 170 million gallons to Sherwood.
The possibility of upsizing the Sherwood transmission line and the sale of a transmission
line (between Sherwood and Tualatin) and pumping station are still being investigated.
Commissioner Russell confirmed the agreement did not involve any capital investment.
Commissioner Russell indicated she could not vote on the agreement, since the Tigard
Water District (TWD) had not considered the matter. Commissioner Winn asserted the
IWB members needed to be able to make decisions without consulting the city or board
they represent. Commissioner Russell said she did not have legal authority to take
action without direction from the TWD.
To avoid this issue, Commissioner Russell suggested the TWD could move their
meeting to the first or second Monday of the month.
Intergovernmental Water Board Minutes September 10, 2008
2
Commissioner Carroll proposed the TWD reschedule its meetings on the Monday
preceding the IWB meeting. Ms. Gaston said she would look into room availability for
TWD meetings. Commissioner Carroll said he wanted Commissioner Russell, as the
TWD's representative, to be able to vote on issues, rather than abstaining. Several
timing options were discussed, and Commissioner Carroll directed the IWB packet be
mailed on the Wednesday prior to the IWB meeting. This would give the TWD several
days to review the information before their meeting and to authorize Commissioner
Russell's vote. For last minute items, Commissioner Carroll requested these be sent out
via email.
The Board decided to consider the agreement rather than await action by the TWD.
Commissioner Winn motioned to approve the First Restated Intergovernmental
Cooperative Agreement Creating the Willamette River Water Coalition; Commissioner
Carroll seconded the motion.
Commissioner Carroll clarified three affirmative votes were needed to pass the motion,
and advised the TWD was responsible for reporting their action and reasoning to Ms.
Gaston who will forward this information to the Tigard City Council.
The motion was approved by a majority vote, with Commissioners Buehner, Carroll, and
Winn voting yes. Commissioner Russell abstained.
7. Introduction to Street Dedications, Easement and Remnant Property
Purchase Related to the Burnham Street Improvements
At its November 28, 2007 meeting, the IWB inquired whether the City of Tigard was
interested in purchasing a triangular parcel ("remnant parcel") on Burnham Street,
opposite the Public Works Building. Mr. Koellermeier summarized the City of Tigard's
offer to purchase the remnant parcel at its appraised value of $50,000. The property
would be used by the City to consolidate access to two businesses. At the next meeting,
the IWB will be asked if it wishes to sell the remnant parcel to Tigard.
Mr. Koellermeier referred to a drawing in the IWB packet and said an easement and
dedication deeds for the herringbone and crosshatched areas would also be presented
at a future meeting.
Board members confirmed proceeds from the sale of real property would be credited to
the Water Capital Improvement Fund.
Mr. Koellermeier advised real estate transactions will need to go to member jurisdictions
for ratification. The process will be for the IWB to take action in October, with member
jurisdictions considering the transaction in November.
9. Discussion of IWB Attendance at the Oregon Water Law Conference
Mr. Koellermeier said Commissioner Winn had expressed interest in attending this
conference.
Commissioner Russell motioned the IWB pay for Commissioner Winn to attend the
Oregon Water Law Conference; Commissioner Buehner seconded the motion. The
motion was approved by a majority vote, with Commissioners Buehner, Carroll, and
Russell voting yes. Commissioner Winn abstained.
Intergovernmental Water Board Minutes September 10,2008
3
10. Informational Items
The Board briefly discussed a memo from Mr. Koellermeier regarding responsibility for
pressure regulators. The memo is on file in the IWB record.
Mr. Koellermeier made mention of a July 18, 2008 memo from Attorney Ramis
regarding signing authority on the Tigard/Lake Oswego water partnership agreement.
This memo is on file in the IWB record.
11. Non-Agenda Items
Commissioner Winn introduced David Newham who will serve as King City's alternate
to the IWB.
8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements
between Durham and the City of Tigard, King City and the City of Tigard,
and the Tigard Water District and the City of Tigard
This item was continued from the Board's July 9, 2008, meeting. Commissioner Carroll
proposed the Board could begin by reviewing the lists of changes/recommendations
submitted by the Tigard Water District and Commissioner Sheiderich.
Tigard's changes still need some minor work. Commissioner Carroll requested these
changes be distributed to the other members when completed.
Commissioner Buehner suggested postponing this item to the Board's next meeting
which could be extended to 7:30 p.m. or later.
Commissioner Carroll advised Durham had not prepared a list of changes because its
concerns were addressed on the lists prepared by other members.
Commissioner Winn inquired if the process would be for the Board to go through the
agreement paragraph by paragraph. Commissioner Russell cautioned this could be quite
time-consuming. Commissioner Carroll said it was unlikely the Board would be able to
review the entire agreement at one meeting. He proposed using Durham's agreement as
a template and asked the other Board members to compare their agreement to
Durham's agreement.
Commissioner Russell inquired whether Attorney Balfour might be hired to draft the new
agreement. Commissioners Carroll and Buehner concurred this was a good suggestion,
once the Board had established the major points of the agreement.
12. Future Agenda Items
• Street dedications, easement and remnant property purchase related to the
Burnham Street Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water
Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
• Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for
leak, water meters, and non-payment of water bills.
- The billing insert policy.
Intergovernmental Water Board Minutes September 10,2008
4
13. Next Meeting:
■ October 8, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
14. Adjournment
At 6:38 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner
Buehner seconded the motion. The meeting was adjourned by unanimous vote of the
members present, with Commissioners Buehner, Carroll, Russell and Winn voting yes.
IWB Chair Greer A. Gaston, IWB Recorder
Date:
Intergovernmental Water Board Minutes September 10,2008
5
MEMORANDUM
Submitted at the IWB Meeting
TO: IWB Members By: IlArlmlll Alpo l)),( & _
FROM: City of Tigard City Attorney Date: A9 4,d Agenda Item No.:
DATE: October 8, 2008
RE: Procedures for Transfer of Water Building Remnant Parcel from IWB
Members as Tenants-in-Common to the City of Tigard; List of Required
Documents
File No. 50014-36794
General instructions for the transfer are as follows:
1. IWB votes, pursuant to the Water Building Tenancy in Common Agreement ("Water Building
TIC'), Section 21, to approve two street dedications and a public utility easement on the Water
Building Property:
"All determinations to be made by the Owners under the terms of this
Agreement, other than sale of the Property, shall be by majority vote of the five
(5) members of the IWB. Unless specifically provided otherwise, an affirmative
vote of three or more of the IWB members shall be required for any action to be
taken, any determinations to be made, or any authorizations to be given by the
Owners under the terms of this Agreement".
2. Each member jurisdiction (other than the City of Tigard) adopts a resolution: (1)declaring its
tenant-in-common interest in the remnant parcel (the "Remnant Parcel") of the Water Building
property as "surplus"property, according to its municipal code requirements as applicable; (2)
recommending conveyance of those interests, and (3) authorizing its IWB representative to
vote to recommend to the Tigard City Council that the City of Tigard dispose of its interest in
the Remnant Parcel as surplus property. Applicable municipal codes for each jurisdiction must
be followed.
3. IWB adopts a resolution recommending to the Tigard City Council that it dispose of its interest
in the Remnant Parcel as surplus property. Resolution should also confirm that (i)no
adjustment is needed to the ownership percentages under Section 5 of the Water Building TIC
as a result of the sale of the Remnant Parcel and (ii)the Remnant Parcel is not part of the leased
premises under the Water Building lease. A vote of three (3) of the four (4) of the
representative owner jurisdictions of the 1WB is required pursuant to the Water Building TIC to
authorize the sale.
4. IWB sends the notice regarding the right of first refusal to the City of Tigard, pursuant to
Section 19 of the Water Building TIC.
1 50414-J6?'/4 1476 tl.dot,IMAN110.8/?003
5. City of Tigard timely responds in the affirmative to the IWB's notice regarding the City of
Tigard's right of first refusal.
6. The proposed sale of the Remnant Parcel will be set as a regular Tigard City Council agenda
item. Per TMC 3.44.010(A), no public hearing is required for the sale of substandard
undeveloped property.
7. Pursuant to TMC 3.44.010(A), the City of Tigard must send a notice of the agenda item to all
property owners within 250 feet of the Remnant Parcel, and to any parties who have already
expressed an interest in purchasing the Remnant Parcel (including the City of Tigard). The
notice shall state that the sale of the Remnant Parcel is subject to the City of Tigard's own right
of first refusal, which right of first refusal is set forth in Section 19 of the Water Building TIC.
8. At the regular Tigard City Council meeting, the Council will determine if it will offer the
Remnant Parcel for sale. At that same meeting, the Council can pre-approve the terms and the
agreement form. If the Council decides to sell the Remnant Parcel, it may direct the City
Manager or his designee to take further action to sell the Remnant Parcel (TMC 3.44.010(B)).
9. The City of Tigard will make an offer to purchase. If any other party submits an offer to
purchase the Remnant Parcel, the City of Tigard will exercise its right of first refusal and match
the offer.
10. If the final form of agreement for the sale of the Remnant Parcel is not as pre-approved by the
Council, the Council must meet to approve the final agreement.
11. A deed transfers the interest of all tenants-in-common of the Remnant Parcel to the City of
Tigard. City of Tigard pays the purchase price for the Remnant Parcel pursuant to Section 1 I
of the Water Building TIC.
Required documents to be prepared by Tigard City Attorney:
1. Street dedication deed and public utility easement (attached).
2. Form resolutions of the jurisdictions.
3. IWB resolution.
4. Notice from IWB to City of Tigard regarding right of first retiasal.
5. Affirmative notice from City of Tigard to IWB regarding right of first refi►sal.
6. Bid offer from City of Tigard for the Remnant Parcel.
7. Deed from each owner conveying the Remnant Parcel interest to the City of Tigard.
2 50014-36—Y4 147G32.4lox•tAIAN•111'S'.UU8
RETURN RECORDED DOCUMENT TO: Submitted at the IWB Meeting
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd. By: /m/) k1j 4.Ljr
Tigard,OR 97223
CORPORATION Date: /h 'd'- D Agenda Item No.: Y)
File No 0353
EASEMENT
PUBLIC UTILITY-PERMANENT
Space above reserved for Washington County Recording Information
Tigard Water District as to an undivided 22% interest City of Tigard as.to an undivided 70%interest.City of Durham as to
an undivided 2.5% L}t terest. and City of King City as to an undivided 5.5% interest, all as tenants in common, hereinafter
called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing,
operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove,as
necessary,vegetation,foliage,trees,and other obstructions on the parcel of land described in Exhibit"A",situated in the City
of Tigard,Washington County, State of Oregon.
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.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly
stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, 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, its successors or assigns should cause said
easement to be vacated, the right of the Grantee 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.
TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors,and assigns forever.
IN WITNESS WHEREOF, I hereunto set my hand on this day of 2008.
Tigard Water District
Signature
4248 Galweood Street
Lake Oswego,OR 97035 Title
STATE OF OREGON)
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person a
(type of authority;e.g.,officer,trustee,etc)of Tigard Water District_
Notary's Signature
My Commission Expires:
NO CHANGE IN TAX STATEMENT
Easement-Public Utility-Permanent I of 3
50014-3679214.1810.DCX:U !10.%/2008
City of Tiger
Signature
13125 SW Hall Blvd.
TiVW OR 97223 Title
STATE OF OREGON)
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc)of City of Tigard.
Notary's Signature
My Commission Expires:
City of Durham
Signature
17160 SW Upper Boones Ferry Rd
Durham OR 97224 Title
S'L'ATE OF OREGON)
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc)of City of Durham.
Notary's Signature
My Commission Expires:
Easement-Public Utility-Permanent 2 of 3
Joie 4.967911448!aDOcwDti 712w
City of King City
Signature
15300 SW 1160Aye.
King City OR 97224 Title
STATE OF OREGON)
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.;officer,trustee,etc)of City of King City.
Notary's Signature
My Commission Expires:
Accepted on behalf of the City of Tigard this day of 920
City Engineer
Easement-Public Utility-Pemmane Page 3 of 3
EXHIBIT "A"
EXHIBIT A File 011A
Burnham Street Reconstruction Project 28-1-02AD-43450
PARCEL 1 - Street Dedication
A parcel of land lying in the NE'/ of Section 2, Township 2 South, Range 1 West, W.M.,
Washington County, Oregon, and being a portion of that property described as Parcel I in
that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of
Washington County Book of Records; the said parcel being that portion of said property
included in a strip of land variable in width, lying on the northeasterly (left) side of the
center line of relocated Burnham Street, which center line is described as follows:
Beginning at Engineer's center line Station 1+00.00, said station being a distance of
1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2,
Township 2 South, Range 1 West, W.M.; thence South 43°16'11" East, a distance of
1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central
angle of 62°5627", a distance of 302.09 feet(chord bears South 74°44'24" East, a
distance of 287.13 feet); thence North 73°4722" East, a distance of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on the Oregon Coordinate System of 1983, north zone.
The northeasterly line of said strip is more particularly described as follows:
Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center
line Station 13+00.00; thence South 43°16'11" East, a distance of 549.28 feet; thence
along the are of a 237.50 foot radius curve left,through a central angle of 5916'16", a
distance of 245.69 feet(chord bears South 721154'19" East, a distance of 234.88 feet);
thence along the arc of a 27.50 foot radius curve left, through a central angle of 75032'57",
a distance of 36.26 feet (chord bears North 39141'05" East, a distance of 33.69 feet);
thence North 471120'24" East, a distance of 14.59 feet to a point which Is 63.38 feet left of
relocated Burnham Street Engineer's center line Station 21+77.13;
EXCEPT that portion of said strip included in that property described in that Warranty
Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document
No. 9245576 of Washington County Book of Records.
This parcel contains 3,700 square feet, more or less, outside of the existing right of way.
Easement-Public Utility-Pennanent 4 46
EXHIBIT A File O11A
Burnham Street Reconstruction Project 2S-1-02AD-03460
PARCEL, 2 - Public Utility Easement
A parcel of land lying in the NEI/4 of Section 2, Township 2 South, Range t West, W.M.,
Washington County, Oregon, and being a portion of that property described in that
Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of
Washington County Book of Records; the said parcel being that portion of said property
Included in a strip of land lying on the northeasterly (left) side of the center line of relocated
Burnham Street, which center line is described in Parcel 1 above.
The width in feet of said strip of land is as follows:
Station to Station Width on Northeasterly Side of Center Lin_ e
20+76.26 20+88:35 47.50 in a straight line to 47.50
This parcel contains 82 square feet, more or less.
I
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i
r.:
Fasement-Public Utility-Permanent 5 of
1FILE N0. 11 A
37.50 TAX J LOT 2S-1-02AD-03450
z
= SCALE: 1"--60'
D
N V)
M 11A
2S-i-02AD-03450 PARCEL 1
TIGARD WATER DISTRICT STREET DEDICATION
AREA = 3,700 S.F. t
- PARCEL 2
PUBLIC UTILITY EASEMENT
AREA $2 SX, f
STATION: 18+49.28
,
ENGINEER'S CENTERLINE
ACOUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
CITY OF TIGARD OREGON
DATE: MARCH 10. 200B
SHEET 1 OF 1
STAN 21+77.13
OFFSET' 63.38 L
Easement-Public Utility-Permanent 6 of 6
RETURN RECORDED DOCUMENT TO:
' CITY HALL RECORDS DEPARTMENT, Submitted at the IWB Meeting
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard,OR 97223 By: 21-1,11)
CORPORATION 1
Date: /L- B L)b Agenda Item No.:
File No.0353
DEDICATION DEED
FOR ROAD OR STREET PURPOSES
Space above reserved for Washington County Recording information
Tigard Water District as to an undivided 22% interest,City of Tigard as to an undivided 70%interest,City of Durham as to an
undivided 2.5%interest,and Ci of City as to an undivided 5.5%interest,all as tenants in common do hereby dedicate to
the public a perpetual right-of-way for street,road,and utility purposes on,over, across,under,along,and within the following
described real properties in Washington County,Oregon:
Parcel 1 and Parcel 2 in Attached Exhibit"A"
To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated.
The grantor hereby covenants that it is the owner in-fee simple and the property is free of all liens and encumbrances, it has
good and legal right to grant their right above-described, and it will pay all taxes and assessments due and owing on the
property.
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.
IN WITNESS WHEREOF,we hereunto set our hands on this day of ,2008.
Tigard Water District
Name of Corporation Signature
4248 Galewood Street
Address Title
Lake Oswego,Oregon 97035
Tax Statement Mailing Address(;f i feren(from above)
Tigard OR 97223
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc.)of the Tigard Water District.
Notary's Signature
My Commission Expires:
Dedication Deed—Page 1 of 3
50014-36792 144809.DOCULD//0/8/1008
City of Tigard.
Name of Corporation Signature
13125 SW Hall Blvd
Address Title
Tigard OR 97223
Tax Statement Mailing Address(Ifdi�erenrfrom above)
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc.)of the City of Tigard
Notary's Signature
My Commission Expires:
City of Durham
Name of Corporation Signature
17160 SW Upper Booties Ferry Rd.
Address Title
Durham OR 97224
Tax Statement Mailing Address rifdip'ereni from above)
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc.)of the City of Durham.
Notary's Signature
My Commission Expires:
Dedication Deed—Page 2 of 3
50014-36792 Dedication Deed-Burnham-100808-BR VersionlBDR/101817008
City of King City
Name of Corporation Signature
15300 SW 116th Ave
Address Title
King City OR 97224
Tax Statement Mailing Address(ifdifferent from above)
STATE OF OREGON )
)ss.
County of Washington )
This instrument was acknowledged before me on (date)
by name of person as
(type of authority,e.g.,officer,trustee,etc.)of the City of King City.
Notary's Signature
My Commission Expires:
Accepted on behalf of the City of Tigard this day of ,20
City Engineer
Dedication Deed—Page 3 of 3
50014-36791 Dedication Deed-Burnham-100808-131?VersionlBDR/10/8/2008
Exhibit"A"
EXHIBIT A File 011A
Burnham Street Koconstruction Project 2S-1-02AD-03450
PARCEL 1 - Street Dedication
A parcel of land lying in the NE% of Section 2, Township 2 South, Range 1 West, W,M.,
Washington County, Oregon, and being a portion of that property described as Parcel I in
that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of
Washington County Book of Records; the said parcel being that portion of said property
included in a strip of land variable In width, lying on the northeasterly (left) side of the
center line of relocated Burnham Street, which center line is described as follows:
Beginning at Engineer's center line Station 1+00.00, said station being a distance of
1521.39 feet North and 1983.97 feet West of the east one-quarter comer of Section 2,
Township 2 South, Range 1 West, W.M.; thence South 43°16'11" East, a distance of
1749.28 feet; thence along the arc of a 275.00 foot radius curve left, through a central
angle of 62056'27", a distance of 302.09 feet (chord bears South 74044'24" East, a
distance of 287.13 feet);thence North 73047'22" East, a distance of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on the Oregon Coordinate System of 1983, north zone.
The northeasterly line of said strip is more particularly described as follows:
Beginning at a point which is 37.50 feet left of relocated Burnham Street Engineer's center
line Station 13+00.00; thence South 43°16'11" East, a distance of 549.28 feet; thence
along the arc of a 237.50 foot radius curve left, through a central angle of 59016160, a
distance of 245.69 feet(chord bears South 72054'19" East, a distance of 234.88 feet);
thence along the arc of a 27.50 foot radius curve left, through a central angle of 75032'57",
a distance of 36.26 feet (chord bears North 39041'05" East, a distance of 33.69 feet);
thence North 47020'24" East, a distance of 14.59 feet to a point which is 63.38 feet left of
relocated Burnham Street Engineer's center line Station 21+77.13;
EXCEPT that portion of said strip included in that property described in that Warranty
Deed to Tualatin Valley Fire and Rescue, recorded on July 1, 1992 as Microfilm Document
No. 92-y45576 of Washington County Book of Records.
This parcel contains 3,700 square feet, more or less, outside of the existing right of way.
Dedication Deed-Page E of
50014-36791/44809DOWLIX10,72008
FILE NO. 11 A
TAX LOT 2S-1-02AD-03450
37.50
= SCALE: 1"=60'
m � 11A
m
Fri
A
2
m �
2S-1-02AD-03450 PARCEL 1
STREET DEDICATION
AREA = 3,700 S.F.PARCEt
PUBLIC L UTILITY EASEMENT
AREA = 82 S.F. t
STATION: 18+49.28
ENGINEER'S CENTERLINE
/
ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
CITY OF TIGARD. OREGON /
DATE: MARCH 10, 2008
SHEET 1 OF 1
1 STA: 21+77.13
OFFSET: 63.38 L
i
�� uT
Dedication Deed-Page 2 of 4
SODI d-367971 dd804.A()CUGOJIQ/7/IODB
Parcel 2 —Street Dedication
A parcel of land lying In the NE'/, of Section 2,Township 2 South,.Range 1 West,W.M.,
Washington County, Oregon, and being a portion of that property described as Parcel I In
that Contract to Tigard Water District, recorded as Microfilm Document No. 84-25846 of
Washington County Book of Records;the said parcel being that portion of said property
Included In a strip of land 37.50 feet in width, lying on the southwesterly(right)side of the
center line of relocated Burnham Street, which center line is described as follows:
Beginning at Engineer's center line Station 1+00,00, said station being a distance of
1521.39 feet North and 1983.97 feet West of the east one-quarter corner of Section 2.
Township 2 South, Range 1 West,W.M.; thence South 43°16'11"East, a distanoe of
1749.28 feet;thence along the arc of a 275.00 foot radius curve left, through a central
angle of 62°56'27", a distance of 302.09 feet(chord bears South 74044'24"East, a
distance of 287.13 feet); thence North 73047'22' East, a distance of 76.44 feet to
Engineer's center line Station 22+27.81.
Bearings are based on (tie Oregon Coordinate System of 1983,north zone.
This parcel contains 1,993 square feet, more or less, outside of the existing right of way.
r_
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E
FILE N0. 11 B
TAX LOT 2S-1--02AD-03451
� C
rq
1CSCALE' 1"=60'
Q D
tn
Lrl
lm
® PARCEL l
STREET DEDICATION
AREA = 1,993 S.F. ±
STATION: 18+49.28 PARCEL 1
ENGINEER'S CENTERLINE ® REMNANT
AREA = 3,537 S.F. ±
11B
ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
2Sp CITY OF TIGARD, OREGON
�\ DATE MARCH 10, 2008
O� SHEET I OF
s,
30014-36792 1 Jd809.DOCVLO/!0/7i 2008
1
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Phone: 503-639-4171
TIGARD
FAX TRANSMITTAL
Date October 1, 2008
Number of pages including cover sheet 3
To:
X(The City of King City (Fax No. 503-639-3771)
The City of Durham (Fax No. 503-598-8595)
From: Greer Gaston
Co: City of Tigard
Fax #: 503.684.8840
Ph#: 503.718.2595
SUBJECT: Intergovernmental Water Board Meeting Agenda
MESSAGE:
Please post the attached agenda for the upcoming meeting of the Intergovernmental Water Board.
Thank you.
Astzi in fizz Nwl-, lb - S'
1AENGTAKDOT
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, October 8, 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
1. Call to Order, Roll Call and Introductions
Call the meeting to order, staff to conduct roll call.
2. Approval of Minutes — September 10, 2008
Action: Motion to approve the September 10, 2008 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update - Mr. Goodrich
5. Review of Street Dedications, Easement and Remnant Property Sale Related to the Burnham
Street Improvements —Tigard City Engineer Duenas and Attorney Ramis
Action: No action required. The Board will be asked to consider the dedications, easement and
property sale at a future meeting.
6. Note:Due to Mr. Koellermeier's absence, staff'requests the Board table this item until its
November meeting.
Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham
and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and
the City of Tigard - Continued - Commissioner Carroll
Action: No action required.
7. Non-Agenda Items
Call for non-agenda items from Board.
8. Informational Items
9. Future Agenda Items
■ Street dedications, easement and remnant property purchase related to the Burnham Street
Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
INTERGOVERNMENTAL WATER BOARD AGENDA— OCTOBER 8, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigud-or.gov I Page 1 oft
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for leak,water meters,
and non-payment of water bills.
- The billing insert policy.
10. Next Meeting:
November 12, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
11. Adjournment
Action: Motion for adjournment
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are
confidential and those present may disclose nothing from the Session. Representatives of the news media
are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
INTERGOVERNMENTAL WATER BOARD AGENDA- OCTOBER 8, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2