Permit CITY OF TIGARD PLUMBING PERMIT
311 . COMMUNITY DEVELOPMENT Permit#: PLM2003-00346
TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.718.2439 Date Issued: 10/09/2003
Parcel: 25111 BD01801
Jurisdiction: TIG
Site address: 14850 SW 100TH AVE
Project: ODELL Subdivision: Lot:
Project Description: Installation of 324'of storm drain service. 7/23/2015: REPRINT permit to reinstate permit for inspections.
Contractor: COYOTE EXCAVATING INC Owner: ODELL, ROBERT AND CHARLOTTE
PO BOX 714 14850 SW 100TH
NEWBERG, OR 97132 TIGARD, OR 97224
PHONE: 503-572-4564 PHONE:
FAX: 503-554-9379
FEES
Quantity Description Date Amount
1 [PLUMB]Permit Fee 10/09/2003 $194.20
Specifics: 1 [TAX]8%State Tax 10/09/2003 $15.53
Type of Use: SF
Class of Work: OTR
Type of Const:
Occupancy Grp: R3
Stories:
Total $209.73
Required Items and Reports(Conditions)
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR Specialty Codes and all other
applicable law. All work will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of
issuance, or if work is suspended for more the 180 days. ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon
Utility Notification Center. Those rules are set forth in OAR 952-001-0010 through OAR 952-001-0090. You may obtain a copy of the rules
or direct questions t. OUNC by calling 503.232.1987 or 1.800.332.2344.
Issued By: 10/"Ill , Permittee Signature: / Q�7
'/,'/° //'7-T/D A/
Call 503.639.4175 by 7:00 a.m.for the next available inspection date.
This permit card shall be kept in a conspicuous place on the job site until completion of the project.
Approved plans are required on the job site at the time of each inspection.
Ptn acos 003%
Robert Odell
14850 SW 100th Mobil 503-706-2342
Tigard, OR 97224-4714 Residence 503-639-3221
July 18, 2015
David Young
Building Inspector
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
RE: PLM 2003-00346
Dear Mr. Young:
Enclosed is Easement and Maintenance Agreement as required by
above referenced application.
Please provide written verification that this Agreement will complete
the requirements outlined by the City of Tigard in above referenced
application and that the City of Tigard will have no further
requirements relative to this application.
Sincerely,
grefril-- ()Se)"
Robert Odell
Washington County,Oregon 2015-056235
D-E
Stn=9 C WHITE 07!1312015 10:59:37 AM
After Recording,Return to• $80.00$11.00$10.00$5.00$20.00 $126.00
• I,Richard Hobemicht,Director of Assessment and Taxation and Ex-
Stewart Title Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
Attn: S. Hunzeker recorded in the book of records of said county. !!
1000 S.W. Broadway, Suite 1600 Richard Hobemicht,Director of
Portland,OR 97205 Assessment and Taxation,Ex-Officio
RECEIVED
/f Lit — 3 C°
JUL 232015
CITY OF TIGARD
BUILDING DIVISION
PRIVATE STORM LINE AND CATCH BASIN EASEMENT
AND MAINTENANCE AGREEMENT
THIS PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND
MAINTENANCE AGREEMENT(this"Easement")is made as of the 1 day of
,2015,by DENNIS M. MORLAN as TRUSTEE of the DENNIS M.
MO gybe,A RUST u/t/d dated July 25, 1996 and ANN T. MORLAN as TRUSTEE of the
ANN. T. MORLAN TRUST u/t/d July 25, 1996, SCOTT P. RYAN,MARGARET LORRAINE
RYAN, and DAVID PETER RYAN as Heirs/Devisees of MARGARET RYAN, deceased, and
ROBERT ODELL and CHARLOTTE ODELL(individually, a"Party", and collectively,the
"Parties"; ).
w.
RECITALS
A. DENNIS M. MORLAN as TRUSTEE of the DENNIS M. MORLAN TRUST
u/t/d dated July 25, 1996 and ANN T.MORLAN as TRUSTEE of the ANN T. MORLAN
W
0 TRUST u/t/d July 25, 1996 (collectively,the"Morlan Trusts") own as tenants in common a
portion of Lot 5,Alderbrook Farm, City of Tigard, Washington County, Oregon known as Tax
i., Lot 1602,which is more particularly described on Exhibit A-1 attached hereto and incorporated
herein by reference(the"Morlan Lot");
B. SCOTT P. RYAN,MARGARET LORRAINE RYAN, and DAVID PETER i
73 RYAN as Heirs/Devisees of MARGARET RYAN (collectively,the"Ryans"), deceased own a
portion of Lot 5,Alderbrook Farm, City of Tigard, Washington County, Oregon known as Tax
Lots 1701 and 1702,which is more particularly described on Exhibit A-2 attached hereto and
incorporated herein by reference(the"Ryan Lots");
C. ROBERT ODELL and CHARLOTTE ODELL(collectively,the"Odells") own a
portion of Lot 5,Alderbrook Farm, City of Tigard, Washington County, Oregon known as Tax
1 - PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
Lot 1801, which is more particularly described on Exhibit A-3 attached hereto and incorporated
herein by reference(the"Odell Lot");
D. The Morlan Lot, Ryan Lots and the Odell Lot are served by an existing and
jointly used storm line and catch basin, together with all facilities, connectors and appurtenances
(the"Storm Line"), which the location of is depicted on Exhibit B attached hereto and
incorporated herein by reference. The Parties desire to formally grant easements for the access
and use of the Storm Line and to enter into a formal agreement providing for the maintenance
and replacement of the Storm Line,on the terms and conditions more particularly set forth
herein.
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged by the Parties,the Parties agree as follows: •
1. Nature and Location of Easement. The Odells grant, convey and declare for the
benefit of the Ryan Lots and the Morlan Lots,the Ryans grant, convey and declare for the X-
benefit of the Odell Lot and the Morlan Lot, and the Morlan Trusts grant,convey and declare for
the benefit of the Odell Lot and the Ryan Lots,permanent,non-exclusive easements over,upon,
•
across,through and under the benefitted lots consisting of a total width of seven(7)feet,running
three and one-half(3.5)feet on each side of the Storm Line as presently installed(the
"Easement Area")for the purposes of reinstallation,laying,reconstruction, maintaining,
inspecting, repairing,replacing,renewing,using and operating the Storm Line.
2. Encroachment/Construction Activity in or near the Easement Area. The Parties
may use the portion of the Easement Area on their respectively-owned lots in any manner not
inconsistent with the above grant and declaration of the easements(including,but not limited to,
planting of grass and low growing shrubs and placing a fence across the Easement Area so long
as such grass, shrubs and fencing do not damage the Storm Line or interfere with the operation of
the Storm Line);provided, that a Party may not place any permanent structures over the
Easement Area, except for landscaping, fencing or those structures in existence upon the
effective date of this Easement.
3. Maintenance of the Storm Line.
A. Responsibility for Maintenance. The Parties are responsible for
maintaining, repairing,and replacing the portion of the Storm Line located in the portion of the
Easement Area located on their respectively owned lots.
B. Cost of Maintenance and Indemnification. The Parties agree to share in
the cost and expense of maintaining,repairing, and replacing the Storm Line as follows:
i. Odell Lot. The Odells will solely hear the total cost and expense
for any maintenance,repair and replacement of the portion of the Storm Line located on
the Odell Lot, and shall not be responsible for payment of the cost of maintenance, repair
and replacement of the portion of the Storm Line located on the Ryan Lots and the
2 - PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
Morlan Lot. The Odells will indemnify and hold harmless the Ryans and the Morlan
Trust from any claims or liens for any and all costs and expenses relating to the
maintenance,repair, and replacement of the portion of the Storm Line located on the
Odell Lot.
ii. Ryan Lots and Morlan Lot. The Ryans and the Morlan Trusts
agree to share equally in all costs and expenses for the maintenance,repair, and
replacement of the portion of the Storm Line located on the Ryan Lots and the Morlan
Lot. The Ryans and the Morlan Trusts will indemnify and hold harmless the Odells from
any claims or liens for any and all costs and expenses relating to the maintenance, repair,
and replacement of the portion of the Storm Line located on the Ryan Lots and the
Morlan Lot.
C. Failure to Maintain Storm Line. If a Party fails to undertake such
reasonable maintenance,repair or replacement as and when needed so that the Storm Line's use
and operation are adversely impacted, then any other Party, after ten(10) days prior written
notice to the defaulting Party(or such lesser notice as is reasonable under the circumstances in
the event of an emergency),may undertake such maintenance, repair or replacement on behalf of
the defaulting owner and invoice the cost to the other Parties in the proportions agreed to by the
Parties above in this section. Such invoices for shall be paid by the Parties within ten(10) days
of receipt of an invoice.
D. Restoration. Upon completion of any maintenance,repair or replacement
of the Storm Line, the Party performing the maintenance,repair, or replacement shall make
reasonable efforts to return any portion of the Easement Area disturbed by the maintenance,
repair, or replacement to the condition that existed prior to the performance of such work.
4. Future Development. If a Party desires to develop its respective lot in a manner
that requires adding additional drainage demands on or modification to the Storm Line,then that
Party shall take reasonable steps to ensure that the Storm Line can properly function and not fail •
with the added drainage demands or modifications to the line. The developing party shall bear
the costs for such investigation, and for any modifications or upgrades necessary to handle the -
additional demands placed on the Storm Line by such development in addition to the pre-
development demands on the Storm Line. The developing Party shall provide advanced notice
to the other Parties, including copies of permit applications and plans, and the Parties may
submit comments to the developing Party within thirty(30) days from receipt of documentation •
from the developing Party. The developing Party will indemnify and hold harmless the other
Parties from any claims or liens and any and all costs relating to that Party's development efforts,
including any upgrades or modifications to the Storm Line. In addition,the developing Party
will indemnify and hold harmless the other Parties from any claims and any and all costs relating
to any damage to the Storm Line or other Parties' lots resulting from the development efforts or
any failure of the Storm Line resulting from a development's additional demands on the Storm
Line.
3 -PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
•
•
5. Run with the Land. The Easements and agreements made herein shall run with
the land and shall be binding on, and will inure to the benefit,of the Parties, and their respective
heirs, successors and assigns.
6. Attorney Fees and Costs. In the event of a suit, action, arbitration or other
proceeding of any nature whatsoever, including,without limitation, any proceeding under the
U.S. Bankruptcy Code, is instated to interpret or enforce any provision of this Easement, or with
respect to any dispute relating to this Easement, including,without limitation, any action in
which a declaration of rights is sought or an action for rescission,the prevailing party shall be
entitled to recover from the losing party its reasonable attorneys',paralegals', accountants, and
other experts' fees and all other fees, costs and expenses actually incurred and reasonably
necessary in connection therewith, as determined by the judge at trial or the arbitrator at
arbitration, as the case may be, or on any appeal or review,in addition to all other amounts
provided by law. This provision shall cover costs and attorney fees related to or with respect to
proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy
law.
7. Recordation. Upon full execution of this Easement,the Easement shall be
recorded with the Recorder's Office of the Assessment&Taxation Department, Washington
County,Oregon.
[This space was intentionally left blank.)
4- PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
IN WITNESS WHEREOF,the Parties have executed and delivered this Easement as of
the date this Easement is fully executed by the Parties.
MORLAN TRUSTS: RYANS:
DENNIS M. MORLAN TRUST
u/t/d dated July 25, 1996
Scott P. '.P , an i •i '.Ih-=. as -eir/Devisee
of Marl et Ryan
By:
Dennis M. Morlan, Trustee
ANN T. MORLAN TRUST Margaret Lorraine Ryan, an individual, as
u/t/d dated July 25, 1996 Heir/Devisee of Margaret Ryan
By:
Ann T. Morlan,Trustee David Peter Ryan, an individual,as
Heir/Devisee of Margaret Ryan
ODELLS:
Robert Odell, an individual
Charlotte Odell, an individual
[Acknowledgments on following page]
5 -PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
•
IN WITNESS WHEREOF,the Parties have executed and delivered this Easement as of
the date this Easement is fully executed by the Parties.
MORLAN TRUSTS: RYANS:
DENNIS M. MORLAN TRUST
u/t/d dated July 25, 1996
Scott P.Ryan, an individual, as Heir/Devisee
of Margaret Ryan
4Zz )1//k. %1-L-5/1i.
Dennis M.Morlan,Trustee ,,00
Aft4
ANN T.MORLAN TRUST Margaiet Lorraine Ryan,an individ&
u/t/d dated July 25, 1996 Heir/Devisee of Margaret Ryan
By: A c t7& L L 4 6t,
Ann T. Morlan,Trustee David Peter Ryan, an ' •victual,as
Heir/Devisee of Margaret Ryan
ODELLS:
Robert Odell, an individual
Charlotte Odell,an individual
[Acknowledgments on following page]
5 -PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
•
IN WITNESS WHEREOF,the Parties have executed and delivered this Easement as of
the date this Easement is fully executed by the Parties.
MORLAN TRUSTS: RYANS:
DENNIS M.MORLAN TRUST
u/t/d dated July 25, 1996
Scott P.Ryan,an individual, as Heir/Devisee
of Margaret Ryan
By:
Dennis M.Morlan,Trustee
ANN T. MORLAN TRUST Margaret Lorraine Ryan,an individual,as
u/t/d dated July 25, 1996 Heir/Devisee of Margaret Ryan
By:
Arm T. Morlan,Trustee David Peter Ryan, an individual, as
Heir/Devisee of Margaret Ryan
ODELLS:
e- OSiv
Robert Odell, an individual
milvtiAtte_, ozp,
Charlotte Odell,an individual
[Acknowledgments on following page]
5 -PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
/� ACKNOWLEDGMENTS
V
STATE OF r. Y► )
County of Ir (5// fr) ss.
a
The foregoing instrument was acknowledged before me this 1 day o
f
f L , 2015,by DENNIS M.MORLAN, as TRUSTEE of the DENNIS M.
MORLAN TkUST u/t/d dated July 25, 1996.
`•_�,, OFFICIAL STAMP Hi 11/41 /1 Ole mil' V 4111 --
„fig,., MARISA LOUISE HENMAN
NOTARY PUBLICOREGON Notary Public, State of Q ( CJ in
`;, ,e COMMISSION NO.924003
ry
MY COMMISSION EXPIRES JANUARY 28,2018 My commission expires: 1-Z /
STATE OF 0 1( 0 h )
r ) ss.
County of LUGS ii,i j 1i-)} )
The foregoing instrument was acknowledged before me this /v' day of
2015, by ANN T. MORLAN,as TRUSTEE of the ANN T.
MORLAN TRUS u/t/d dated July 25, 1996.
, i'' OFFICIAL STAMP
)
,�;'; MARISA LOUISE HENMAN
1 �rI NOTARY PUBLIC OREGON Notary Public, State of O 1��pvQ�O
�,,,1 COMMISSION NO.924003 My Commission expires: 1 CA iii
MY COMMISSION EXPIRES JANUARY 28,2018
STATE OF a r1 )
U )ss.
County of 1/0641/6 )
The foregoin instrument was acknowledged before me this 1111"day of
_ _ , 2015, by SCOTT P.RYAN.
�•�+ OFFICIAL SEAL" y Public' .f /
,�= KATHLEEN BONIFACIO ERICKSON
NOTARY PUBLIC-OREGON My commissi pares. LI-/0-/ 4,
CCMMISSION NO.474118
MY COMMISSION EXPIRES DECEMBER 12,2016
6-PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
STATE OF Dreatvl ) f`
ss.
County of
foregoing instnment was acknowledged before me this 'day of
,2015,by MARGARET LORRAINE RYAN.
y , OFFICIAL SEAL 1 ,
KATHLEEN BONIFACIO ERICKSON �,�A _!*1""ArAIII I
�•' NOTARY PUBLIC-0RE 118 41 Publi b
COMMISSIpN NO.474118 �•• .4
MY COMMISSION EXPIRES DECEMBER 12,2016 My commission expires: D-J ! +[
STATE OF CO4A415.4'V,,....a. )
)ss•
County ofavt�e� QA,V� )
The foregoing instrument was acknowledged before me this al day of
CS- ,2015,by DAVID PETER RYAN.
;1' ANTHONY C.ANt1RAOE k
•. CoIIIL�2064564 rp
offr V PIIIUG-CALIFORNIA Y+
sir►�cuu�►ooen► •- IN Public, State of C___,43frr
a'' My commission expires: o r rq (Z-o e
STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
,2015,by ROBERT ODELL. •
Notary Public, State of
My commission expires:
7- PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
, 2015,by MARGARET LORRAINE RYAN.
Notary Public, State of
My commission expires:
STATE OF )
)ss.
County of )
•
The foregoing instrument was acknowledged before me this day of
,2015,by DAVID PETER RYAN. •
•
•
Notary Public,State of
My commission expires:
•
STATE OF )
) ss.
County of lA'.r.►-= )
The foregoing instrument was acknowledged before me this is day of i=
,2015,by ROBERT ODELL.
• .ry Public,State ,f
OFFICIAL SEAL My commission expires: ���\•.� �p�c�
I �'. MOHAMED RIKAZ MOHAMED THAHA y p
I r'i,•." NOTARY PUBLIC-OREGON f •
1 �;1'� COMMISSION NO.472610 f
MY COMMISSION EXPIRES OCTOBER 16 2016
7 -PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
•
STATE OF oJQets7o 0 ) ;
i.'
)ss. '
County of h i.7Fr7a'1..-) )
7h The foregoing instrument was acknowledged before me this /2 day of
,2015,by CHARLOTTE ODELL.
„r,► OFFICIAL SEAL
MOHAMEDF RIKAZ M4HAMED THAHA �f Natary Public, State of c� -
NOTARY PUBLIC°-OREGON fJ My commission expires:
:' COMMISSION NO.472610
) MY COMMISSION EXPIRES OCTOBER 16,2016
•
8-PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND MAINTENANCE
AGREEMENT
i
EXHIBIT A-1
LEGAL DESCRIPTION OF MORLAN LOT
Tax Lot 1602
The South 100 feet of the East one-half of Lot 5, Alderbrook Farm, Washington County, Oregon.
EXHIBIT A-1 TO PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND
MAINTENANCE AGREEMENT
EXHIBIT A-2
LEGAL DESCRIPTION OF RYAN LOTS
Tax Lot 1701
Beginning at an iron pipe at the Southeast corner of the West one-half of Lot 5, Alderbrook
Farm; running thence West along the south line, 100 feet to a point;thence North 116.7 feet to a
point;thence East 50 feet to a point; thence North 210.0 feet to a point on the North line of Lot 5;
thence East 50 feet to the Northeast corner of the West one-half of Lot 5; thence South 326.7 feet
to the point of beginning.
Tax Lot 1702
Beginning at an iron pipe at the Southeast corner of the West one-half of Lot 5,Alderbrook
Farm; running thence West along the south line, 100 feet to a point,thence North 116.7 feet to
the true point of beginning;thence South 10 feet to a point; thence West 119.75 to a point;
thence North 86 feet to a point;thence East 119.75 feet to a point;thence North 110.0 feet to a
point on the North line of Lot 5;thence East 50 feet to a point; thence south 210 feet to a point;
thence west 50 feet to the true point of beginning.
•
•
EXHIBIT A-2 TO PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND
MAINTENANCE AGREEMENT
EXHIBIT A-3
LEGAL DESCRIPTION OF ODELL LOT
Tax Lot 1801
A portion of Lot 5,Alderbrook Farm, Washington County,Oregon,more particularly described
as follows: Beginning at the Southwest corner of Lot 5,Alderbrook Farm; thence East along the
South line of said lot 233.30 feet to the most Southerly Southwest corner of that tract of land
conveyed to Dean P. Ryan and wife by deed recorded August 27, 1956, in Book 385, Page 413,
Washington County Deed Records; thence North 106.70 feet to an iron pipe;thence West 116.30
feet to the most Westerly Southwest corner of the said Ryan property; thence continuing West
117 feet to a point on the West line of said Lot 5;thence South along the West line of said Lot 5,
106.70 feet to the point of beginning.
EXHIBIT A-3 TO PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND
MAINTENANCE AGREEMENT
.•
EXHIBIT B
DEPICTION OF STORM LINE LOCATION
See attached depiction-
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•
EXHIBIT A-3 TO PRIVATE STORM LINE AND CATCH BASIN EASEMENT AND
MAINTENANCE AGREEMENT
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Location:
Record Type:
Inspection Type:
Result:
Comments:
Inspection Date:
Record ID:
Inspector:
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223 Tel: 503.718.2439
14850 SW 100TH AVE, US
Building/Res/Plumbing/NA
399 Plumbing final
PASS - No C of O
PLM2003-00346
David Young
This permit along with PLM 2003-00478 had a condition of providing a easement and
maintenance agreement for final inspection approval. Mr. Odell has supplied this
agreement for PLM 2003-00346.
Violation Summary:
Inspector Contractor