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JUNE 24 1952
-- _ IN THE N. 1N, 1 /4 , SECTION 3 T-2S , R -IW., W. M.
57R- ,EFWASHINGTON COUNTY
7E`ZC Z LZ n EAI NJIk `c R Y l%�Pa�R_ T �. ,���r-S OREGON
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ENGINEERS CERTIFICATE :• N
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J410E .5 R HARRIS , iR_T BEING DULY SWORN , DEPOSE AND SAY THAT i HAVE CORRECTLY SURVEYED AND MARKED WITH CENTER LINE CURVE DATA LOT CURVE DATA °'- '� °' � � � 25'� 2s' �,000'
5 ,'8 x 30'' IRON RODS ALL LOT AND BLOCK CORNERS , CURVE POINTS AND BOUNDARY LINE CHANGES IN DIRECTION THE �' S 1038'25$' W 449.43
LAND REPRESENTED IN '"HE ANNEXED MAP OF " BHCOKWAY" AND FOR TME INITIAL POINT OF SAID SURVEY, 1 USED THE 0 d . 28001'48" LOT OELT�3 RADIUS LENGTH CHORD CHORD BEARINGTRACT "A" 1' ,x50'
INITIHL POINT OF ' FES LWo00:'Q DULY RECORDED PLaT, RECORDED 'N PLAT RECORDS OF WASHINGTON COUNTY, OREGON R = 75 84 1 90°00'00' �4v0o' 6283' S6 57' N18°19' 30"E
,SAIL NIT; 4 L PONT BE;NG A 2 !NCH 34 Lv4NIZED IRON PIPE 36 INCHES LCNG , 6 INCHES BELOW THE SURFACE OF THE 7 = 38.40' Sc 40'23" 178 64' 2707' 2704' N 22°20'18 5"w
GROUND , SQIC INITIAL POINT BEI L ° " • � V .,
NG OCaTED S I 42 20 'N , 302 0OFT FROM THE. N. W CORNER (,F SECTION 3 , T-25, R -iW , W M � a: 002+ 02 2 190?1'25'; 179 84' 60 42' 6013' N 90/9'24 5"W v
THENCE FROM SA1D INI"4L FONT � RAN N ° 4L '?O".E , 302 OOFT TOS4,`D :'V W ''��RNER OF SECTION 3 , THENCE 588.40'27"E R = 8172 rr 4 0 oe'z4' 9;9711' 2003' 2003 NI° 25'30 E
L = 50 00' 5 0012'38" 81971 !' 30 12' 30 12' N 10 36'0!"E
660 16 F ' T.tiE-r�rE �; ° 3P_ '2.5" W, 449 43 FT THENCE S 83°23'26" W, !01.08 FT. ; THENCE 5 ?034'40" '4 , 1188 98 FT TO A POINT T = 25 00' 6 4°02'37" 10000' 7 06' 1-106, N 3°43' 5"
38• E
ON THE NORTH LINE OF w waLNUT ST THENCE S 63019'30" N ALONG SAID NORTH '_ INE OFS W WALNJT ST 637.61FT. ? 32"2, 37" 10000, 5648' 55 73' N21°5S'455"E
c� d : TI°52'�0" TRACT"B"8°35'40" 100 00' 15 00' 14 99' N42°24'24"E
C� THE S E CORNER OF THAT CERTAIN TRACT OF LAND CONv.EYED TO VERNON L TRIGG , RECORDED IN BOOK 318, PAGE 872, `J R : 7500
DEED REGUROS , WASHINGTON COUNTY OREGON , THENCE N 1° 21 18 E , ALONG THE EAST LINE OF SAID VERNON L. L 2 94 00' 8 26°52'26" 100.00' 46 90' 46 48' °
TRIGG TRACT 385 19F T T T T : 54 36` N6o 019'27 E
0 HE N F_ CORNER THEREOF ' THENCE N !°42 20 E, ALONG THE WEST L!11I'E OF SAID SECTION 12 72°00'00" soon' 6283,' S8 78' N37°34'40"E
31 ANI) ALSO THE EAST CINE OF SAID PLAT OF " BELL WOOD", 1264. 53 FT TO THE POINT OF BEGINNING. 8 - 72000'00" 13 90000,00 200C' 31 42 2828' N 43025'26'*
R = 75 00 4 690 36'2 7 5000 60 74' 5708' S 66°22'33.5''W
L = 94 25' 15 50°59'36" 5000 44.50' 43 05' N531°19'05"W
T.: 5449' l6 45°59'22'' 5000' 4013' 3906' N4°49'36"W
A- 40056'16" 17 53022' 12" 5000' 46 57' 44. 91 ' N44051'11"E
R = 16720' 18 81002'23" 50.00' 6985' 6431' S68026'315"E
L = 119.46' 19 90000'00" 2000' 31 42' 20 28' N46°34'40"E
T = 62 41' 20 40056' 16" 142.20' to, s0' 99 45' N V053'2+6"W
S� 8 -S H BEL) AND SWORN TO BEFORE ME- 2 ' 9° 37'37" 148 79' 2500' 24 97' N34032'47S"W
fir 22 31026'19" 48. 79' 81 64' 8062' N 14000'49 5" W
T HIS �t'S _, nay OF '�� s R s 23. 79 26 40°22'47' 2000' 31 55' 28 38' N 43°29'03 5"W
--� —/-1— - , 196 ,+ L � 66.72 27 89°37''3' 20 UO' 1 Q30'56
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R = 45 �' 13' 40 S 7°Y3'4750.00' 50.09' 48 02' N 10°00' 305"W
� � .002'13" 5000' 41 05' 3990' N42°12'P s"E
J 9 L BE ti ER L 70 39' 42 6 50 59';,7" 50 00' 57 59' 54 46' S 81016' 35 3"E
C ' T = 44.70' 51 89037' 13" 20.00' 31 P8' P8 19' S 46*,30'56.5
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NOTARY PUBLIC 'NAND FOR OREGON s4 4!°0,x'36" 9e r9' 7o s1 ' s18'049'38"E
M Y r UMAI! S 51 UN E X F'&E 5 =��' 7' .r� 1** OPF-(,ON 9 30 S
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12 � L : 35 95' 39 3 3056'10" 5000' 31 36' 30 85' S 19°4,0'25"W
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DRAWING IS LESS CLEAR THAN
THIS NOT ICEe -IT IS DUE TO
QUALITY OF THE ORIGINAL_
BROOKWAY
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MEMORANDUM CITYOF TI APD
WASHINGTON COUNTY,OREGON
December 2, 1981
TO: Ed Sullivan
FROM: Frank Currie
SUBJECT: Tax Lot #8203 (2S1-3BB)
R/vl t a�� 1n .
Said tract was a portion of , developed by J.A. Paterson, Brookway
Subdivision; please note the attached Exhitiit "A".
Said , therein Brookway Subdivision, was vacated (having been a portion of
unused/undeveloped public right-of.-way) with intent to convey ownership thereof
to adjacent parcels, namely - Tax Lot #8201 and X18200 and #8100 (3BB) ; please
note the attached Exhibit "B".
Apparently, quick-claim deeds (or ownership vesting documents) should have been
prapared/executed/recorded but were not followed up with to accomplish said
conveyance action. Therefore, we are now in receipt of a request to correct that
situation (i.e. : J.A. :atarson received the :attached tax bill for said tract)
and are requesting your services thereinregatd procedure ana conveyance in-
strument(s)
n-
struments) to resolve the problem.
iI
I
�— 12420 S.W MAIN P.O. BOX 23:197 TIGARD, OREGON 97223 PH: 639-4171 --- -----
The sketch below is made soi—j for the purpose of assisting in locating said remises and the Company assumes
no liability fo4,variations, if any, in dimensions and location ascertained by actual survey.
Pioneer National Title Insurance Company
A TICOR COMPANY
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A S h I N G T 0 N CJ0 U N T ~Y O R E G O N R A I
1981-82 REAL PROPERTY TAXES ACCOUNT: 1224696 251384 08203 DI '•
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";: ,x,^& PA.TERSON Rea&# eA. 12700 9 W PACIFIC HWY, TIGARD, OREGON 97223
t Real Estate Appraisals - Insurance - Telephone MErcury 9.2125
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RECEIVED
July 27, 1973 JUL 3 0 1973
CITY OF TMARQ
City of Tigard
P- C. Box 21321
12420 S.W. Main Street,
Tigard, 0regon 97223 Attn: Public Works Dept.
Dear Sirs Re: BROOKWAY 5ide,•Talks
I am attempting to get my sidewalks installed in BROOKWAY just as ,Roon
after a home is completed as possible so that there will be no delay
in occupancy because of this. There are sevaral houses in the subdivision
being completed at this time and quite a few are sold. I see no particular
delays at this time for I have scheduled all of the houses that have
their driveways in.
There are two houses, however, that present a problem to tha City. Lot 22,
12175 S. W. 1214th, Mr. and Mrs. John !Made, have an apron in that is not
UP to City Standards. I can not pour sidewalk to this until the slope is
corrected. Also, Lot 142, 12495 S. W. Katherine Street, Mr. and Mrs.
David Mills, does not have a correctly installed driveway approach with
the apron slope again out of kilter. I can not pour sidewalk to either
of these without risking what happened on Lot 5, 12565 S. W. 124th, about
two years Ago--a situation still not corrected.
Please have the subject driveway aprons brought up to City Standards as
soon as possible or advise nye by letter that it 1s all right for me to
install the sidewalk to the unronforming aprons.
Very truly yourm#
y: `Pr arson
1
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July 11, 1 ?77 1
Mrs. Mario Turney
lot national. Unk
P. U. WX 10
HAS+ver. ton, Oroyon 97005
Dear Mrs. Turney,
Tbis letter is to confirm my cova=sation with you July 19th,
c onfi rr :nq the fact that the City of Tigard has ace�epted for
Q maint,mancae those streets and sanitar, newer* of the Wookway
subdAvtsien which are now in existancat particularly lots 1
through 20 and lot* 5S through 62 inclusive.
0-iSincerely,
Mith C. Thompson
Director of Public Works
KCT: lm
y
Mointenonee Bond
Kisow ,i11 til `. It1 Ilii s1 1'kl %L%I t,That we J. ALLAN fATOSON
12700 S.M. Pacific Highway, Tigard, Oregon,
as Principal, and GENERAI. INSCRANCX COMPANY OF AMERICA, a Corporation organized under the laws
of the STATE.OF a•ASIIINGTON and duly authorized to do business in the State of Oregon
as Surety,are held and firmly bound unto the CITY OF TIGARD, ORMON - - - - - - -_- - - -. -
as Obligee in the penin sum of THTWN TWO THOUSAND AND NO/100— — — — — — — — — — —
— — — — _--- — — — —-- — — — -— — — — — — — — — i112,00C.00 —
to which payment well and truly it, he made we do hind ourselves, our and each of our heirs,eltecutorS, Ad-
ministrators, succrssors and assigns jointly and severally, firmly by these presents.
e41FRUM, the veld Principal entered into a contract with the, CITT L1�_SIGLIIII:�LIIP�SII9._� -
h�JG
Jul 1845 c.
,
dated __��. ? ,
(or
Subdivision improvements at Brookway N.W. I, Sec 3, 231, W.M. City of Tip,+ird, � `r
�,`� Wanhlrurten C�iunty, (•rFw,)n - watch included paved streets, ourbe, sidewalks,
Street lights, stcT,.r sewers Foil :ranitary sewers.
It III kI .1%.said contract pru,iles that the Prim opal will furnish a hand condiuonrd to guarantee for the period
o.
of one .._.f'c;uivl after ahhn„al til the final e•snmate on sari tub, hr the owner,against all defects in work•
manahip.roil materials which may become apparent during said pentid,and
^n
Ilkl'R1 11,the +aid eontratI has been completed. and w•as appru,ed ,n __--
rY
d,tv of_ hovt>♦tnbep
\ern. IIll kl 1•0kl . I tit a —•ni II's\ til 11111 rill/ h,I I lUs 11 11 1 11 that. if the frim ilial shall indrmnifl
the Uhligee fur all Inas that the ubll,tee in-'$ sustain hl rra%tin of an, deft"rlve matenals or workmanship
r'.
which la a time apparent 1111 nip till pentil of One vt ar,s t from and attt•r__tlovembbr 30, 1070 -----
thi it this obllg.tuun shall be void, nth"1%Ise to re•m-un In full force find effect.
110\114 11 11.111 1\011 Ill 11
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%1,9 11 INTO 11 I. t uNP1NY"I 1111 111, 1
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I•RIIlT pan IN i'. _ •....�..►.......—
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INVURIANCE SAFECO. INSURANCE COMRAN I ES
GENERAL INSURANCE COMPANY OF AMERICA
SURETY DEPARTMENT 520 SOUTHWEST SIXTH AVENUE, PORTLAND, OREGON 972(A - TELEPHONE (503) 2248580
October 21, 1970
J. Allan Paterson
12700 S. W. Pacific Highway
Tigard, Oregon 97223
Dear Mr. Paterson:
Thank you for sending the information to me in connection with your
application for a subdivision maintenance bond. I note that you have
acted as your own contractor for the improvements under this s,%bdivision,
and I would be interested in knowing the names of the subcontractors
and the amounts of their specific contracts on this project. In addition,
I would appreciate it if you would complete the attached form 4afifiL which
will aid in my underwriting of this account. Also, we would appreciate
'receiving a copy of the Metter from the City of Ti$ which accepts the
improvements that were completed.
As soon as this additional information can be submitted, I will be pleased
to continue m}► investigation and give you a decision regarding this bond.
Yours very truly,
4I1� 1�1"(k
1�e*/-- �� ,
Ross D. Webb
Surety
fwz
•f1,IN01 MALA F 1 114FHN1(V AAM GIM:A •IAF►1:r7,L0,0I M46MAN1A 0,01NF�ANI W NkNAI.MAIIIRAN[:P ,. A"I*A III,-NAtW-INAI INbI MANf I .
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Y'
l�t,Dos 29, 1970
; l
lOe. J. A. Paterson
12700 S. N. Pacific Highway
Tigard, OL-wcpn 97223 11
Dear W. Paterson
The city Or unci 1. at its wettnq Monday eventtah. Septeabsr
28th, reviewed your request to do p> it one-halfaof the abed
stro+et lighting oast for tho two-YO period
Sub-
in over contrActual egrwwySt !ar Lance o! the sub- 0
division requirements in Y'1W WOOkway OWA'vision.
val was granted to accept the Vic-. in the amount of nn 0.
as deposit in the ilsookWW St!`�t Lighting Trust Accu
It. is understoad by this latter that the rgatainder of the
deposit to conplete the total two-year required lighting
costs rill bo deposited with the city on or before January
30, 1971,
,be cjounail also %compted the revised deed for tracts A
and B. Subxrission of the maintenanoe bond will coaplate
the subdivision requirmonte.
!Sincerely.
ftephen M. Telfer
city Abainistrator
mr1jp
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the 20t ._____day of September , 1970
between the CITY OF TIGARD, a municipality of Oregon, here naTter
termed the "City", and J. A. PATERSON REALTY CO. , INC. , herein-
after termed "Petitioner",
W I T N E S S E T H
WHEREAS, Petitioner has applied to the City for approval for
filing in Washington County, a subdivision plat known as
BROOKWAY SUBDIVISION
located in Section 3, Township 2 South, Range 1 West, Willamette
t4eridian, said subdivision being divided into two sections, each of
which is to be treated in a separate agreement with the City -- the
portion of the subdivision to be treated hereunder being denoted
SECTION 1, comprisinq the following:
Lists 1 to 20, inclusive
bots 55 to 62, inclusive
of DROOKWAY SUBt,TVISION as recorded in Book 28, Page 1, Plat Records
of Washington County, Oregon; and
WHLREAS, the City of Tigard Subdivision ordinance requires
the subdivider to install streets, sidewalks, street lights, storm
sewers, sanitary sewers, underground utilities and other public
facilities for the development and requires the payment of fees; and
WHEREAS, the City has approved and adopted certain standard
specifications prepared by professional engineers for subdivision
development; and
WHEREAS, the public improvements required to be constructed
or placed in petitioner's development are incomplete, but petitioner
has nonetheless requested the City to permit progressive occupam,y
and use of property in the subdivision and the parties desire hereby
to protect the public intecest generally and prospective purchasers
of lots in said subdivision by legally enforceable assurances that
the public improvements will be installed as required and completed
within the time hereinafter set forth,
NOW, THEREFORE, in consideration of the foregoing premises
and the covenants and agreements to be kept and performed by the
petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS:
With respect to all lands in SECTION I an above described:
1. Petitioner shall proceed with the development, with the
intent and purpose to complete all public improvements except side-
walks and ptreet trees in SECTION I of said subdivision not later
thanand petitioner is hereby bound
to comp y t a 'sion sEandards as set forth in said Sub-
division Ordinance and the standard specifications adopted by the
City of Tigard, or as may be otherwise approved by the Public Works
Department and to use only such material and to follow such designs
as may be required to conform thereto.
2. To assure compliance with the City's requirements and the
provisions hereof, the petitioner tenders herewith to the City a
surety bond in form approved by the City, with liability in the amount
of $14,000.00, a copy whereof is hereto attached and by this refer-
ence made a part hereof.
3. In the event that petitioner shall fail, • �glect or refuse
to proceed with the work in an orderly and progressive manner to
assure completion within the time limited, upon ten days notice by
the City to petitioner and petitioner's sureties, and such default
and failure to proceed continuing thereafter, the City may at its
option proceed to have the work completed and charge the costs
thereof against the petitioner and petitioner's sureties and in the
event the same be not paid, to bring an action on the said bond to
recover the amount thereof. In the event such action be brought
petitioner and petitioner's sureties promise and agree to pay, in
addition to the amounts accruing and allowable, such sum as the court
shall adjudge reasonable as attorney's fees and costs incurred by
the City, both in the Trial Court and Appellate Court, if any, or the
City may, at its option, bring proceedings to enforce against the
petitioner and/or petitioner's sureties specific p�-rformance of the
contract and compliance with the subdivision standards and ordinances
of the City of Tigard, and in such event, in like manner, the City
shall be entitled to recover such sum as the court shall adjudge
reasonable as and for the City's attorney's fees and costs, both in
the Tri3i Court and Appellate Court, if any.
4. Petitioner, concurrent with the execution hereof, has de-
posited with the City an amount estimated to equal rental and main-
tenance fees with respect to the street lighting facilities within
SECTION I of the subdivision, according to Portland General Electric
Schedule i91, Option B, together with a further sum equal to the
estimated cost of providing electrical energy to energize the street
lighting facilities within said SECTION I for a period of. two (2)
years from the date of initial energizing of said lights.
5. The City agrees to make and provide periodic and final
inspections as in the City's judgement are necessary to assure com-
pliance herewith, ire consideration whereof the petitioner has paid
prescribed inspection fees.
b. The City agrees to install street identification and traffic
signs within the said subdivision.
7. At such time as all public improvements except sidewalks
and street trees within the said SECTION I of the subdivision have
been completed in accordance with the City's requirements, petitioner
shall no the City of the readiness for final inspection and upon
cerr.ification by the Department of Public Works that all requirements
of the City have been met, the petitioner will submit to the City a
good and sufficient maintenance bond in form approved by the City in
tale sum of $32,000.00 to provide for correction of any defective work
or maintenance becoming apparent or arising within one year after
final acceptance of the public improvements of said SECTION I by the
City.
8. Upon receipt of certification by the Uepartment of Public
works that all requirements have been met and a One year Maintenance
Bond, the City Council agrees to accept the public improvements, subject
to the requirements for correction of deficiencies and maintenance for
a perird of one year as hereinabove set forth.
9. That in addition to or supplementary of the requirements
of the City's Subdivision Ordinance and the provisions hereof, peti-
tioner binds itself to conform to the following requirements,
scheduling and limitations:
i (a) None of the Lots in SECTION 1 of petitioner's
subdivision as above described may be occupied for resi-
dential purposes until an occupancy permit is issed
under authority of the City and no occupancy permit shall
{ be issued prior to the acceptance of the subdivision and to
the time that the sidewalk paralleling the street for each
-2-
developed lot proposed to t•; occupied, is installed as a
part of the development; provided that all sidewalks as
required by the plans and subdivision code shall be in-
stalled thcoughout SECTION I of said subdivision not later
than 3 years frau the date of this Subdivision Improvement
Contract.
(b) All landscaping trees on that portion of each
lot between the public sidewalks and the curb (Parking
area) as required by the planned unit development con-
ditions, shall be planted and in place prior to final
inspection and issuance of occupancy permit for each such
lot in the subdivision. Provided that final inspection
and application for occupancy permit occurs within any
calendar month from October to April of any year, such
plantings may be deferred until the next following grow-
ing season. In any event all landscaping trees in All
areas shall be planted and in place within the entire
SECTION I of said subdivision within three (3) years
from the date of this subdivision improvement contract.
10. The parties hereto hereby adopt the form of performance
j bond, copy whereof is hereto attached and by reference made a part
j hereof, and petitioner agrees to cause to have the said bond exe-
cuted and filed with the City concurrently with the execution of this
agreement at or prior to the time this agreement is executed on be-
half of the City.
11. The specific requi.rements of Paragraph 9 hereof shall for
all purposes be included as a part of the obligation secured by the
aforesaid performance bond anal the City shall be entitled to re-
course thereto in the event of default on the part of petitioner
with respect to any requirement thereof.
IN WITNESS WHEREOF, petitioner acting by and through its duly
authorized undersigned officers pursuant to resolution of its Board
of Directors has caused this agreement to be executed, and the City
acting pursuant to resolution of its Counct, adopted at a meeting
thereof duly and regularly held on the A day of ( , 1970,
has caused this agreement to De execute Sy its Mayor anY Recorder.
J. A.IPATERSON REALTY CO., INC. CITY OF TIGARD
r� e$ dentefor
17
secretary ecorTer
-3-
STATE OF OREGON )
sa.
County of Washington )
On this i 'ti day of ,•i.� , 1970, personally
appecred J. ALLXT-PXMSON and .,, I '� ,, whg_being duly
sown, dial say that they are the President an ,�,�1,,, respectively
of J. A. PATERSON REALTY CO. , INC. , the within name rVoration,
and the seal affixed to the foregoing instrument is the corporate
seal of said corporation, and that said instrument was Signed and
sealed in behalf cf said Corporation by authority of its Buand of
Directors; and each of them acknowledged said instrument to be the
voluntary act and deed of said Corporation.
i
Before me: /
NotAry Pik, is or OregoF
My Commission expires:�4`c,,
-4-
r � I
SUBDIVISION COMPLIANCE AGREEMENT
THIS AGREEMENT dated the '' ' day of S�d , 1970
between the CITY OF TIGARD, a municipality of Oregon, hereinafter
termed the "City", and J. A. PATERSON REALTY CO. , INC. , herein-
after termed "Petitioner",
W I T N E S S E T H
WHEREAS, Petitioner has applied to the City for approval for
filing in Washington County, a subdivision plat known as
BROOKWAY SUBDIVISION
located in Section 3, Township 2 South, Range 1 West, Willamette
Meridian, said subdivision being divided into two sections, each of
which is to be treated in a separate agreement with the City -- the
portion of the subdivision to be treated hereunder being denoted
SECTION I, comprising the following:
Lots 1 to 20, inclusi6e
Lots 55 to 62, inclusiv
of BROOKWAY SUBDIVISION as recorded in Book , page 1, Plat Records
of Washington County, Oregon; and
WHEREAS, the City of Tigard Subdivision Ordinance requires
the subdivider to install streets, idewalks, street lights, storm
sewers, sanitary sewers, undergroun utilities alnd other public
facilities for the development and r quires the payment of fees; and
WHEREAS, the City has approved' and adopted certain standard
specifications prepared by professiongl engineers for subdivision
development; and
WHEREAS, the publ;,� improvements required to be constructed
or placed in petitioner's development are incomplete, but petitioner
has nonetheless ^equestkd the City to permit progressive occupan:y
and use of property in !the subdivision and the parties desire hereby
to protect the publicnterest generally and prospective purchasers
of lots in said subdivision by legally enforceable assurances that
the public improvemento will be installed as required and completed
within the time hereinafter set forth,
1
NOW, THE PORE, in consideration of the foregoing premises
and the covenant and a%reements to be kept and performed by the
petitioner and i suretles,, IT IS HEREBY AGREED AS FOLLOWS:
With res to to all lands in SECTION I as above described:
1. etitiohL-r shall proceed with the development,with the
Intent and parpose to complete all public imprpvements in SECTION I
of said subdiAaio0 not later than Ju.. 1 4 -70 , and petitioner
is hereby bound to pomply with all sub v s bMstandards as set forth
in said Subdivisiolr�Ordinance and the standard specifications adopted
by the City of Tigard, or as may be otherwise approved by the rublic
Works Department and to use only such material and to follow such
designs as may be required to conform thereto.
2. To assure compliance with the City's requirements and the
provisions hereof, the petitioner tenders herewith to the City a
surety bond in form approvedty the City, with liability in the amount
Of $ J ¢ 00C,•"V , copy whereof is hereto attached and by this
reference Made a pax hea reof.
3. In the event that petitioner shall fail, neglect or refuse
to proceed with the work in an orderly and progressive manner to
assure completion within the time limited, upon ten days notice by
the City to petitioner and petitioner's sureties, and such default
and failure to proceed continuing thereafter, the City may at its
option proceed to have the work completed and charge the costs
thereof against the petitioner and petitioner's sureties and in the
event the same be not paid, to bring an action on the said bond to
recover the amount thereof. In the event such action be brought
petitioner and petitioner's sureties promise and agree to pay, in
addition to the amounts accruing and allowable, such sum as the court
shall adjudge reasonable as attorney's fees and costs incurred by
the City, both in theTrial Court and Appellate Court, if any, or the
City may, at its option, bring; proceedings to enforce against the
petitioner and/or petitioner's sureties specific performance of the
contract and compliance with the subdivision standards and ordinances
of the City of Tigard, and in such event, in like manner, the City
shall be entitled to recover such sum as the court shall adjudge
reasonable as and for the City's attorney's fees and costs, both in
the Trial Court and Appellate Court, if any.
4. Concurrent with the execution hereof, petitioner has
t::ndered to the City a good and sufficient maintenance bond in form
approved by the City in the sum of $ to provide for
correction of ante defective work or mainzen nc becoming apparent
or arising within one year after f acceptan Is of the public im-
provements of said SECTION I by the it,y.
5. Petitioner, con^urrent with the execution hereof, has de-
posited with the City an amount estimated to equal rental and main-
tenance fees with respect to the street lighting; facilities within
SECTION I of the subdivision, cording �o Portland General Electric
Schedule M , Option , tNether with a further sum equal to
the estimate-cost of providing 'vlectrical energy to energize the
street lighting facilities withid said SECTION I for a period of two
(2) years from the date Anitial energizing of said lights.
6. The City agiee; to make and provide periodic and final
inspections as in the dit 's Judgment are necessary to assure com-
pliance herewith, in\,consideration whereof the petitioner has paid
prescribed inspection fees.
7. The City agues to ,install street identification and traffic
signs within the`�►pid sabdiviAlon.
8. At such time as all public improvements within the said
SECTION I of the subdivision have been completed in accordance with
the City's requirements, p titioner shall notify the City of the
readiness for final inspection and upon certification by the Depart-
ment u£ Public Works that all requirements of the City have been met,
the City agrees to accept the public improvements, subject to the
requirements for correction of %leficiencies and maintenance for a
period of one year as hereinabove set forth.
-2-
9. That in addition to or supplementary of the requirements
of the City's Subdivision Ordinance and the provisiGns hereof, peti-
tioner binds itself to conform to the following requirements,
scheduling and limitations:
(a) None of the Lots in SECTION I of petitioner's
subdivision as above described may be occupiedfbr resi-
dential purposes until an occupancy permit is issued
under authority of the City and no occupancy permit shall
be issued prior to the time that the sidewalk parallel-
ing the street for each developed lot proposed to be
occupied, is installed as a part of the development; pro-
vided that all sidewalks as required by theplans and sub-
division code shall be installed throughout SECTION I of
said subdivision not later than
(b) All landscaping trees on that portion of each
lot between the public sidewalks and the curb (Parking
area) as required by the planned unit development con-
ditions, shall be planted and in place prior to final
inspection and issuance of occupancy permit for each such
lot in the subdivision. Provided that final- pection
and application for oc,3upancy permit gecUrs wit n any
calendar month from October to Ap of any y?ea , such
plantings may be defevred until next follo ng grow-
ing season. In any event all lands aping tree in all
areas shall '.)e planted and in place ithin the entire
SECTION I of said subdivision within three (3) years
from the date of this subdiv sion imp overvent contract.
10. The parties hereto hereby dopt the form of performance
bond, copy whereof is hereto attached and by rAference made a part
hereof, and petitioner agrees to cause. to have the said bond exe-
cuted and filed with the Cit�C concurre tly with the execution of this
agreement at or prior to tf t3me this greement is executed on be-
half of the City.
11. The specific req rements of Paragraph 9 hereof shall for
all purposes be included as part of the obligation secured by the
aforesaid performance 1kond ad the City shall be entitled to re-
course thereto in the a nt 4f default on the part of petitioner
with respect to any requ emept thereof.
IN WITNESS {EREOF, `�P etitioner acting by and through its duly
authorized undereig d offibers pursuant to resolution of its Board
of Directors has caul thiel, agreement to be executed, and the City
acting pursuant to resolution of its Council adopted at a meeting
thereof duly and regularly hdld on the day of ' 1970,
has caused his agreement to be executed by its Mayor and Recorder.
1
J. A. PATERSON REALTY CO. , INC. CITY OF TIGARD
Ry: RY�
President Mayor
By: RY
Secretary Recorder
3-
STATE OF OREGON )
ss.
County of Washington )
On this day of , 1070, personally appeared
J. ALLAN PATERSON and , whc being, duly sworn,
did say that they are the President and respectively
of J. A. PATERSON REALTY CO. , INC. , the with n named CL.:poration,
and that the seal affixed to the foregoing, instru".er.". is the cor-
porate seal of said corporation, and that said instrument was signed
and sealed in behalf of said Corporation by authority of its Board
d Directors; and each of them acknowledged said instrument to be the
voluntary act, and deed of said Corporation.
Before me:
of ry Tu - or 0 r e g o n
My Commission expires:
1
1
-U-
.A5,, pj
SUPDIVISION COMPLIANCE AGREEMENT
'CHIS AGREEMENT dated the day of _� 1970
brtweetj the CITY OF TIGARD, a muni�oipality of OieRon,-'iiretnarter
terme , the "City", and J. A. PATERSOPI REALTY CO. , INC. , hareln-
after termed "Petitioner",
W I T N E S S E T H
WHEREAS, Petitioner has applied to the City for approval for
filing in Washington County, a subdivision plat known as
RROOY,WAY SUADTVISI0V
looated in Section 3, Township 2 South, Range 1 West, Willamette
Meridian, said subdivision beim divided into two sections, each or
which Is to be treated in a separate agreement with the City -- the
portion of the subdivision to be treated horeunder being denoted
SECTION I, comprising the following:
Lots 1 to 20, inclusive
Lots 55 to 62, inclusive
of C'�ROOKWAY SUBDIVISION as recorded in Rook 29, nape 1, Plat Records
of Washington County, Oregon; and
WHEREAS, the City of Ti-ard Subdivision Ordinance requires
the subdivider to install streets, sidewalks, street lights, storm
sewers, sanitary sewers, underground utilities a.id other public
facilities for the development and requires tt-e na,yment of fees; and
WHEREAS, the City has approved and adopted certain standard
specifications prepared by profeselonal engineers for subdivision
development; and
WHEREAS, the public Improvements required to be constructed
or placed in petitioner's development are incomplete, but petitioner
teas nonetheless requested the City to permit progressive occupancy
and use of property in the subdivision and the parties desire hereby
to protect the public interest generally and prospective purchasers
of lots in said subdivision by legally enforceable assurances that
the public improvements will. be installed as required and completed
within tte time hereinafter set forth,
NOW, THEREFORE:, in eonsiderati.or of the foregoing premises
and the covenants and agreements to be kept and performed by the
petitioner and its sureties, TT TS d;r"r?Y AnnLED AS PILLOWS:
With reMtce .to all_lands in 7FCTTO11 T as above described:
1. Petitioner shall proceed with the development,with the
Intent and purpose to complete all public improvements in AFCTTnN I
or said subdivision not later than , and petitioner
Is hereby bound to comply with all euSd1vi�on eTaniferds as set *r,rth
in said Subdivision Ordinance and the standard specifications adapted
by the City of Tivard, or as may be othervise approved by td,p public
Works Department and to use only such material and to follow such
designs as may be required to conforms+ thiireto.
2. To assure compliance with the City's requirements and the
provisions hereof, the petitioner tenders her with to the City a
surety bond in form approved t' the City , wit), liability in the amount
of $ a copy whereof is hereto attached and by this
referem
nce a e a par ,hereof.
3• In the event that petitioner shall fail, neglect or refuse
to proceed with the work in an orderly and progressive manner to
assure completion within the time limited, upon ton days notice by
the City to petitioner and petitioner's sureties, and such default
and failure to proceed continuir* thereafter, the City may at its
option proceed to hAve the work completed and charge the costs
thereof against the petitioner and petitioner's sureties and in the
event the same be not paid, to briny an action on the said bond to
recover the amount thereof. In the event such action be brought
petitioner and petitioner's sureties promise and agree to pay, in
addition to the amounts accruinm and allowable, such sum as the court
shall adJudwe reasonable as attorney's ties and costs incurred by
the City, both in theTrial Court and Appellate Court , if any, or the
City may, at its option, brine proceedinre to enforce arrainst the
petitioner and/or petitioner's sureties snecific performance of the
contract and compliance with the subdivision standards and ordinances
of the City of Tigard, and in such event, in like manner, the City
shall be entitled to recover such sum as the court shall adjudge
reasonable as and for the City's ettorney's fees and cost%, both in
the Trial Court and Appellate Court, if any.
4. Concurrent with the execution hereof, petitioner has
tendered to the City a rood and sufficient maintenance bond in form
approved by the City in the sum of t to provide for
correction of any defective work or maintenance fiecomin�- apparent
or arisinc within one year after finAl acceptance of the public im-
provements of said SECTION I by the City.
5. Petitioner, concurrent with the execution hereof, has de-
posited with the City an amount estimated to equal rental and main-
tenance fees with respect to the street 117htinr facilities within
SEiCTION I of the subdivision, accordinm to Portland general Electric
Schedule I _, Option , together with a further sum equal to
the estimefe� cost of nrovTdina electrical energy to energize the
street lighting facilities within said SECTION I for a period of two
(2) years from the date of initial energizing of said lights.
G. The City agrees to make and provide periodic and final
Inspections as in the City's .Judgment are necessary to assure com-
pliance herewith, in consideration whereof ttie petitioner has paid
Prescribed inspection fees.
7. The City sprees to install street identification and traffic
signs within the said subdivision.
B. At such time as all public improvements within the said
SECTION 1 of the subdivision have been completed in accordance with
the City's requirements, petitioner shall notify the City of the
readiness for final inspection and upon certification by the Depart-
ment of Public_ Works that all requirements of the City have been met,
the City agrees to accept the public improvements, subject to the
requirements for correction of deficiencies and maintenance for a
period of one year as hereinabove set forth.
9. That in addition to or supplementary of the requirem!+nts
of the City's Subdivision Ordinance and the provisions hereof, peti-
tioner binds itself to conform to the following requirements,
scheduling, and limitations:
(a) None of thi Lots in SECTION I of petitioner's
subdivision as above described may be occuptedfbr reai-
dential purposes unti ' an occupancy permit is issued
under authority of the City and no occupancy permit shall
be issued prior to the time that the sidewalk parallel-
ing the street for each developed lot proposed to be
occupied, is installed as a part of the development; pro-
vided that all sidewalks as required by theplans and sub-
division code shall be installed throughout SECTION I of
said subdivision not later than T
(b) All landscaping trees on that portion of each
lot between the public sidewalks and the curb (Parking,
area) as required by the planned unit development con-
ditions, shall be planted and in place pr-!.or to final
Inspection and issuance of occupancy permit for each such
lot in the subdivision. Provided that final inspection
and application for occupancy permit occurs within any
calendar month from October to April of any ,year, ouch
plantings may be deferred until the next following mow-
ing season. In any event all landscaping trees in all
areas shall be planted and in place within the entire
SECTION I of said subdivision within three (3) years
from the date of this subdivision improvement contract.
10. The parties hereto hereby adopt the form of performance
bond, copy whereof is hereto attached and by reference made a part
hereof, and petitioner agrees to cause to have the said bond exe-
cuted and filed with the City concurrently with the execution of this
agreement at or prior to the time this agreement is executed on be-
half of the City.
11. The spe tfic requirements of Paragraph 9 hereof shall for
all purposes be included as a part of the obligation secured by the
aforesaid performance bond and the City shall. be entitled to re-
course thereto in the event of default on the part of petitioner
with respect to any requirement thereof.
IN WITNESS WHEREOF, petitioner siting by and through its duly
authorized undersigned officers pursuant to resolutiomof its Board
of Directors hes caused this agreement to be executed, and the City
acting pursuant to resolution of its Council adopted at a meeting
thereof duly and regularly held on the day , 1970,
has caused this agreement to be executed by its Mayor .nn liecorder.
J. A. PATERSON FEALTY Cn. , INC. CITY OF TIGARD
By: By:
President By: -----�.. ._. _----mayor
By- _--__ By:
.`�ect•etary` __�________Aecor�C er-
-3-
STATE OR OREGON )
an.
County of Washington ) •
On this -day of _ _ - _ 1970, omrsonR11y appeared
J. ALLAN PATERSON and _ � who heinF dulv sworn,
did say that they are -tX Tres-fdent-and" resnectively
of J. A. PATERSON REALTY CO., INC. , the wibhfn-named Corporation,
and that the seal affixed to the foregoing instrument is the cor-
porate serol of said corporatlun, and that said instrument was sirneu
and sealed in behalf of said Corporation by authority of its board
cr Directors; and each of them &iknowledr;ed said instrument to be the
voluntary clot and deed of said Corporation.
Atfore. me;
F o a`ry Fub-il.c'fo`r'-6rsgori�`�
My Commission expireas
-N-
SUPDIVISION COMPLIANCE AIRE:EMHNT
THIS AOREEMENT dated the day of 1970
between the CITY OP TTnARD, n r^unicipality of Orpr,on, hereinafter
termed the "City". and J. A. PA'TERSO" REALTY C^. , INC. , herein-
after termed "Petitioner",
W I T N E S S E T H
WfIFREAS, Petitioner has applied to the Citv for approval for
filing in Washington County, a subdivision plat known an
PROOYWAY SUPDTVTST0V
located in Section 3, Township 2 ^ouch, Panme 1 West, Willamette
Meridian, said subdivision beinr divided into two sections, each of
which is to be treated in a separate nrreement with the City -- the
portion of the subdivision to be treated hereunder hei.nFr denoted
Sr!CTION I, acmprisina the followin-:
Lots 1 to 20, inclusive
Lots 55 to 62, inclusive
or ^ROnKWAY SUBDIVISTON as recorded in Rook 2R, Tia?p 1, Plat Records
of Washington County, Oregon; and
WHEREAS, the City of Tir-ard ^ubdivisinn r)rdinance requires
the eubdivider to install streets , sidewalks, street lirhts, storm
sewers, sanitary sewers, underground utilities n0 other public
facilities for the development and requires the payment of gees: and
W11FREAS, the City has approved and adopted certain Standmrd
specifications prepared by professionnl engineers for subdivision
development; and
WHEREAS, the public improverents required to be constructed
or placed in petitioner's development, are incomplete but petitioner
h6s nonetheless requested the City to permit proarp-taive occupancy
and use of property in the subdivision enc° the parties desire hereby
to protect the public interest generally and proacective purchasers
of lots in said subdivision by lemally enforcearle assurances that
the public improvements will be installed as required and completed
within the time hereinafter set forth,
NOW, THEREFORE:, in consideration of the foremoinlr premises
and the covenants one agreements to be kept and performed by the
petitioner and its sureties, 1T T" 111'r*3Y AAR1.rD A" PILLOWR!
With rawect to 111 lands in ^HCTIOv T as above described!
1. Petitioner shall proceed with the develorment,with the
Intent and purpose to comr1ete all public improvements in PECTTON T
of said subdivision not later than _ , and petitioner
is hereby bound to comply with all eu vfn`n s�nniirds as set forth
in said Subdivision Ordinance and the standard srec:Picatiors adopted
by the City of Tipard, or as may be otherwise approved by t!!e rublic
Works Department and to use only such material and to follow such
designs as may be required to conform thereto.
2. To assure compliance with the Cit!?'s requirements and the
provisions hereof, the petitioner tenders her+with to the City a
surety bond in form approved aV the City , with liability in the amount
of $ , a copy whereof Is hereto vttached and by thin
reference_ma a part hereof.
3. In the event thnt petitioner shell fail, nPrlect or refuse
to proceed with the work it an orderly and progressive manner to
assure completion within, the time limited. jre)n ten days notice by
the City to petitioner and petitioner's sureties, and such default
and failure to proceed continuir • thereafter, tho, City may at its
option proceed to hAce the work eonpleted and charge the costs
thereof arzainst the Petitioner and petitioner's aureties and in the
event the same be not paid, to brie,. An action on the said bond to
recover the amount thereof. Tn tho event such action be brought
petitioner and petitioner's sureties promise and ar*ree to pay, in
addition to the amounts accruin- and Allowable, such sum as the court
shall adJudge reasonable as attorney's fees and costs incurred by
the City, both in theTrial Court and Appellate Court , if any, or the
City may, at its option, brine proeeedinra to enforce arainat the
petitioner and/or petitioner's sureties anecific performance of the
contract and compliance with the subdivision standards and ordinances
of the City of Tigard, and In such event, in like manner, the
shall be entitled to recover such sum as the court shall adjudge
reasonable as and for the City's attorney's Pees and costs, both in
the Trial Court and Appellate Court, if any.
4. Concurrent with the execution hereof, petitioner has
tendered to the City a good and sufficient maintenance bond in form
approved by the Ci.y in the sum of i to provide for
correction of any defective work or risSnteninee bieomin anparent
or arising within one year after final acceptance of the public im-
provements of said SECTION I by the City.
5. Petitioner, concurrent with the execution hereof, has de-
posited with the City an amount estimated to equal rental and main-
tenance fees with respect to thr street li?htinr facilities within
SECTT04 I of the subdivision, accordint, to Portland general electric
Schedule / , Option , together with a further sum equal to
the estima£Oacost of provldinr electrical energy to energize the
street licjhtin,, facilities within said SECTTI'l T for a period of two
(2) ,yearn from the date of initial enern,izinr of said licthta.
6. The Cit-7 acrees to make and provide periodic and final
Inspections as in the City's judrrent are nAeeasary to assure !cm-
nlianee herewith, in consideration whereof the petitioner h.s nnin
Prescribed inspection fees.
T. The City agrees to install street identification and traffic
eians within the said subdivtnion. ,
8. At such time as all public improvements within the said
SEr.,TTON I of the subdivis+on have been eomrleted in accnrdenre with
the City's requirements, Petitioner shall noti.fy the City of the
readiness for final inspection anfl upon certification by the Uerart-
metit of Public Works that all renuirements of the City have been met,
the City agrees to accept the public improvements, subject to the
requirements for correction of deficiencies ani' maintenance fc,r a
period of one year as hereinabove set forth.
9. That in addition to or supplementary of cnt- requirements
of the City's Subdivision Ordinance and the provisions hereof, peti-
tioner binds itself to conform to the following requirements,
scheduling and limitations:
(a) None of the Lots in SECTTON I of petitioner's
subdivision as above described may be oecupled Rbr resi-
dential purposes until an occupancy permit is issued
under authority of the City and no occupancy permit shall
be issued prior to the time that the sidewalk parallel-
ing the street for each developed lot proposed to be
occupied, in installed as a part of the development; nro-
vided that ali ildewAlks as required by theplana and aub-
divialon :ode Ah,.Il he installed throughout SECTION I of
said subdivision not later than
(b) All landscaping• trees on that portion of each
lot between the public, sidewalks end the curb (Parking,
area) as required by the planned unit levelupment con-
ditions, shall be planted and in place prior to ,final
Inspection and issuance of occupancy permit for each such
lot in the subdivision. Provided that final inEneetion
and application for occupancy permit occurs within any
calendar month from October to April of any ,year, such
plantinlrs may be deferred until the next followinc rrow-
Ing season. Tn any event all lan,lscapinv trees in all
areae shall be planted and in place within the entire
SECTION I of said subdivision within three (3) years
from the date of this subliv:.slon imurovernent cnntract.
10. The parties hereto hereby adopt the form of performance
bond, copy whereof is hereto attached and by reference matt a part
hereof, and petitioner arrees to cause to have the said bold exe-
cuted slid filed with the City concurrently with the execttticn of this
agreement at or prior to the time this agreement is executed on be-
half of the City.
11. The specific, requirements of Paraarerh 9 hereof Clall for
all purposes be included as a part of the obligation secured by the
aforesaid performance bond and the City shall be entitled to re-
course thereto in the event of default on the part of petitioner
with respect to any requirement thereof.
IN WITNESS WHEREOP, petitioner acting by anti through its duly
huthorized undersigned officers pursuant to resolution-of its Board
of Directors has caused this agreement to he executed, and the City
acting pursuant to resolution of its Council adopted at a meeting
thereof duly and re�UTArlY heft on the dal cf , 1970,
has caused this anreement to be executed'-by- its Mayor .anc3_]Tecorder.
J. A. PATERSON RFALTY CO. , INC. CITY OF TIOAHD
r.y: By:
-•- - - ----____..._...�re��t-- --- ---•-------- --Mayor-----
fly: By:
-3-
STATE OR ORL:(;Otd )
ss.
County of Washinp.ton )
In this _..____day of � __...___.._ 1970, personally nppeered
J. ALLAN PATE.RSON and _ , who beins duly sworn,
did say that they are ttie W14fdent snd -�- respectively
of J. A. PATLRSON RLALTY Co., INC. , the within named 'Corporation,
and that the seal affixed to the forogoinm instrument is the c(%r-
pwate seal of said corporation, and that said instrument was si •ned
and sealed in behalf of said Corporation by authority of its Doa.,d
cf Directors: and each of them acknowledged said instrument to be the
voluntary act and deed of said Corporation.
Before ma:
Lto£it;vTublic-Wi ej14R6ri+.__
My Commission expiresc _�-
-4-
1. Avoid herbal Messages
CITY OF Tl=ARL
S a n j e c t_ a Date_
J—. -Z,as
I
PF_RSouAL SURETY FSRFORHAUCF
KNOW ALL NLN u3
REALTY CO. , IN.'. , as Principal, and J. ALLAN PATERSON, J. A. PATERSON,
LYLE GOODELL AND EVELYN GOODELL, as Sureties, are held and firmly
bound to the CITY OF TIGARD, OREGON, as Obligee, in the sum of
$14,000.00, for the payment of which, well and truly to be made,
the said Principal and Sureties bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally,
firmly by these presents.
The condition of this obligation is such, that whereas the
Principal entered into a certain contract, hereto attached and by
this reference made a part hereof, with the Obligee, CITY OF TIGARD,
dated the day of , 1970, with respect to
SCCTION I ae-descri )ed in in—iT contract, of &ROOKWAY, a duly re-
corded pla-, in Washington County, Oregon.
NOW, THEREFORE, if the Principal shall well and truly perform
and fulfill all the undertakings, covenants, terms, conditions and
agreements of said contract during the original term of said contract,
and any extensions thereof that may be granted by the Obligee, with
or without notice to the sureties, and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, condi-
tions and agri^ments of any and all duly authorized modifications
of said contract that may be made hereafter, notice of which modifi-
cation: to th.! Sureties being hereby expressedly waived, then this
obligation to be void; ott.erwise to remain in full force and virtue.
In the event suit or action be filed by the Obliqee hereunder
to enforce said contract or to recover under the terms of this bond,
in -,9ditior to All other rights and remedies hereunder the City, in
tl.e event it shall prevail, shall be entitled to recover such sum as
the court may aj;udge reasonable as and
T. i299N f
o atorya's-
fees.
F--REALTY CO., INC.
ay:
4LV__
PrIi cipal
STATE OF OREGON )
as Sureties
County of Washington )
J. ALLAN PATERSON, J. A. PATERSOO, LYLC GOODLLL, and
F.IELYN GOODRLL, being first duly sworn, on -:ath depose and say:
etch fc,r himself vid not for the others; (1) That I am a resident
01 the State of Oregon and a freeholder therein; (2)• That my net
wo:th over and above all just debts, liabilities Fr,d excluu, of
Propai''•y exempt fram execution is a num equal tq/or in exce a of
this ility�ressed in the foregoing bend./ l
U
— � l_ �• ti `� f-C�C
Subscribed end sworn to hefore� this _ t�a;ay of
170. �
o ary u c
�.orf:/'_gow ,
My Cission exprias:�_� // �"
x
s Y
STATE OF OREGON I
ss.
County of Washington )
On this day of ) , 1970, personally
appeared J. ALLANAT�
PSON and .. � I v who being duly
sowl., did say that they are the—PA- `ani I'.• respectively
of J. A. PATERSON REALTY CO. , INC. , the within namedTrporatio ,
and the seal affixed to the foregoing instrtunent is the corporate
seal of said corporation, and that said instrument was signed and
sealed in behalf of. said Corporation by autnority of its Board of
Directors; and each of them acknowledged said instrument to be the
voluntary act and deed of said Corporation.
Before me:
i
Notary P T c -or Oreaozf
My Commission expires: ,,,A f4-r,,
w 'r r r r sw
spy
ATEMON Xad4 12700 S.W PACIFIC HWY, TIGARD, OHF.GON 97223
Real Estate . Appra;sali . lruurance Telephone MEreury 9.2128
i
r►
March 31, 1970
City of Tigard
P. 0. Box 23557
L2420 S. w. Main Street,
Tigard,
Oregon 97223 Attn: Keith Thompzr)n
Dear Sirs :
"BROOKWAY" subdivision presently has four houses under
construction and they have reached the finish grading
stage. I have contracted for sidewalks to be installed
on the four subject lots as soon as weather permits.
(Lot 2 , Lot 3 , Lot 5 and Lot 10) . The sidewalks should
be installed by approximately the 15th of May.
T also have contracted for purchase and installation of
eleven ( 11 ) street lights of the Permipost-General
Electric Town and Country type and anticipate that they
should be ready for inspection and energizing not later
than June 1st , 1970.
otlr9 ,
r
J erson
r
proposed Letter)
q, paLpr^JIl Realty ';o.
1. JO S. W. Pacify:- !:wy-
-,iAard, Urtgon 917+' S
Attentlor. +lian Pater3on
Gen' our letter of March 3 ,
;,�• ;at.te�•s presented in Y
wt t :, respect to the existing problems in the BRnOKWAY
1 with particular regard to your request tOhave
:;ut;aiv9.sion, of dwellings heretofore construt11edcity Ad-
permit occupancy athetically considered by
been reviewed anc.t sYmp
ministration.
As You are well aware , the subdivion and other ordinances
Y + with-
of the pity of Tigard must be uithembestdofnoureabalita the
requirements thereof enforced to ecu to other of
developers ,ordin
or favoritism. Thearequirements of the ordinance
out exception
having been insisted upon with re p
City has no alternative but to require that. .you likew se
the ur ose ! thereof.
conform to the intent and p p ending between the Ctty -.
The provisions of the contract pjudes �7
your company must rrovern,and this inc fronting eachl ftth of
and yo a lanti P
the sidewalks and landscape P be occu-
e rm s , r•,
esire
existinr structures for wt�;cbefore h you dthese occupancy be
b�F--.ih+e �'J'
ur oses .
pied for dwelling, purposes -
t
With respect to the major o be
repairs
not .permit irs required the work to the au
drae ,
if in fact the physical conditions
one at this time , we will consider thatnceetbon aswhich
°nyas
the necessary
filed would provide ermit, this work will be ul, t taken and
nd
physical coobrbring i
e roadway into compliance wth the standards .
completed t
g�
d
PATEA$ON Ra4lty e•. I2700 S W PA-IF'IC HWY , TIGARr OHEGj .1 97223
Real Estate Appraisals . Insurance e Telephone ME:rcury 9.2125
March 3 , 1970 Mq� � . F4)
C/TY Or T/.� 197,
:7ity of Tigard G4Ro
P. 0. Box 23557
12420 S. W. Main Street,
Tigard, Oregon 97223 Attn: Steve Telfer
Dear. Sirs:
At our meeting in HROOKWAY Subdivision, Monday, -ith hick
Hiebert, Superintendent of Public Works , officials of the
K. F. Jacobsen & Co. , Inc. end ourselves , there appez--s to
be mutual alareement that the roadway is not at present to
required standards.
Further inspection will be accomplished during the next
heavy rainfall to obp .: ve drainage problems. Necessary
patching and resurfacing will be accomplished as soon as
good dry weather permits which should be in early summer.
To make ether tt,a., spot repairs at this time would be a
waste. Once maior repairs are accomplished , we will ask for
acceptance and furnish a maintenance bond from that date.
A maintenance bond at this time would not be appropriate
since more than maintenance is involved until necessary
repairs can be made.
Since al] parties desire to correct the rood condition
as soon aspossible, we hope that present I,-)mea under
constructi�)n in the tract will not be deniea final inspec-
tion. :n the interim we assure you that all conditions will
be met, includinq individual sidewalks , strep t lights and
plantings where and when possible.
Very truly yours ,
t(�
J. Ailan Paterson
NORTHWEST TESTING LABORATORIES
4118 N. MISSISSIPPI AVENUE
PORTLAND 17. OREGON
MATEIIIAL•INS►[CTION WELOING CERTIFICATION
CON�TRUCTION INO►ECTION AIIEATINO
►NTEI�AL TElTINO December 4, 1969 SOIL 7pTINO ,
CNEMICAL ANALTII■ �ACTZRIOLONT
City of Tigard
City Hall RECIE-IVEL
12420 S.W. Main Street
Tigard, Oregon DEG t; 195
Attention: Mr. Beryl Rich CITY OF TWAP")
Gentlemen:
Subject: Tests performed on two asphaltic concrete
cores taken by our representative on December
1, 1969 in the Brookway Sub-Divsion, per
your P. O. Number UO2.
Report:
Core Density Percent
Number Location P.C.f. CDmpaction
1 225' North of Walnut 136.2 8y.8
Street, 7' West of Curb
on 124th Street
2 25' East of 124th Street 137.5 90.7
on C. L. at C. L. of Brookway
Court Street
Maximum Density, Standard Marshal Method (75 Blows) . . .. .. . .. . .... . . . .. .. . . . 151.6 p.c.f.
Respectfully submitted,
NORTHWEST TESTING LABORATORIES
7 ,
L
Paul Irish
cert. No. 101135
NORTHWEST TESTING LABORATORIES
4115N. MISSISSIPPI AVENUE
PORTLAND 17. OREGON
MAT[NIAL[INSPECTION WELDING C[RTI/ICAT101.
CON:TRUCTION INOP[CTI ON AS[AYINO
PNYICAL T[/TING [OIL T[f TINO
C N[N ICAL ANALY[1/ MACT[RIO LOOP
November 28, 1969
City of Tigard
City Hall
12420 S.W. Main Street
Tiagard, Oregon
Attention: Mr. Beryl Rich
Gentlemen:
Subject: Tasts performed on one asphaltic
concrete sample submitted on
November 25, 1969.
Report:
Gradation Analysis:
O.S.H. D.
Sample Specifications
Sieve Size Results, % Class 11 C", %
Passing 3/4" 100.0 100.0
1/211 - 1/411 1,; 3 19-33
1/411 - A 10 42.6 24-36
N 10 - M 40 22.2 16-26
N40 - # 200 7.8 5-19
Passing N 200 5.3 3--7
Bitumen Content 6.0 5-7
Respectfully submitted,
NORRTki')�EST TESTING LABORATORIES
QJ
Paul Irish
Cert. No. 101038
r��ot��rmu�s
SwpLMMber 19, 1969
TQ' City ;,tterneey
rTxM t Director of Public Works
sTnwvjcr Drookway Subdivision t Contract
Raclosed is a Subdivision Improvement Contract for the Iaprovw-
ments of Ornokway Subdivision. This is reqn by our sub-
division erd!panty. In the Fast, we have not Icwquired an
instrument of this nature. The enclosed fora) �s sisiliair to
that which is used b Mashingtav County with O fvw addittLins
rotating to etreot l ghts and inspevt�wav,-
would you pleeso- review this con"" and make *hy reccoswendationr
for changers? -,)
incsrely,
{
SUBDIVISION IMPROVEMENT CONTRACT
THIS AGRUEMENT made and entered into this day
of September , 19 69 , by and between the C ty oF_TTgard,
amun�aipaZ corporation a Oregon, hereinafter referred to as "City"P,
and J. A. Paterson realty Co., Inc.-12700 SW Pacific _Hwy., Tigard. Oregon
(This o�{icca -name o�org-anIzat on an a ress`T_v -
hereinafter referred to as"Petitioner"
WITNESSET11:
WHE:REI.S, Petitioner has requested the City tc accept and
file on the rer.ords of Washington County, a subdivision plat as
B ROOKW AY _
� —r-----
eTSection 3 , Towns p 2 Soutt1, Rangel Wes
TocaE-- Tn t,
Willamette Mederian; and
WHL'RE:AS, The City of Tigard Subdivision Ordinance provides
that the subdivider install streets, sidewalks, street lights, storm
sewers, sanitary sewers, underground utilities and other public Fac-
ilities for the development; and
WHEREAS, The City of Tigard has adopted :he standard speci-
fications of Stevens, Thompson 6 Runyan, Inc. for tl,e construction
of streets and sewers; and
WHEREAS, The State of Oregon, (Chapter 672, Oregon Revised
Status) requires that public works improvements be designed an6 sup-
ervised by a registered professional engineer; and
WHEREAS, The City of Tigard Subdivision oreinance provides i
for a subdivision construction fees; and
WEILREAS, The City of Tinard is ggreeable to the acceptance ;r
".id filing of said subdivision upon the execution of this contract
and the Petitioner's filing a Personal Surety Bond in
ersonaT
the amount of $ 63,500.00 and Engineering Agreement for Public
Works projects T_nitli_'CiEy of Tigard, Oregon designed and supervised
by a private engineering consultant; and ,
WHEREAS, it is the desire of the Petitioner to Proceed under
the City of Tiqard Subdivision Ordinance and install said improvements
within a specified time.
NOW THE.RECORL, in consideration,of the premises the covenants
and agreements to be kept and performed by the part-'es hereto, it is
covenanted and agreed as follows:
1. The Petitioner hinds itself to use such materials and
to so construct all of the improvements according to the City stand-
ards as defined in the Subdivision Ordinance, and Standard Specifi-
cations adopted by the City of Tiqard, or equivalent as may be ap-
:)roved Ly the Pu'.lic Works nepartment; and
2. The Petitioner further agrees that all of said public
improvements shall be completed on or before Sept. 4�r 19 70 and
3. The Petitioner further agrees that in case `it Shall
abandon the work or fail to make satisfactory progress on the work,
the City may cause the work to be completed; the Petitioner and the
Surety on the bond attached hereto shall be jointly and severally
liable to the City fcr any and all loss and damage from default,
either from the greater expense of complgtinq or repairing faulty
or damaged work or from any other cause.
Page 1 of 2
A. hr Petitioner further agrees to t)rovide a maintanence
Ir '.-- amount of 13,000.00 for a period of one year after
_•.. inn U.c Citv,,and
�. 1' r' t'etLtione-r furUier agrees to t,lac^ on denn,it , it.i
t '. ioard an amount equal to the rental fee and maintunance
;,,r '*it,., -r:ned street lighti•q as set by Portland General Electric,
elft cul 91 4INk
tt. :he City agrees to provide periodical inspections and
, —;t:n,i in c,:nslderaition of the insper'cion fee received, for the pur-
,c n' accet tance of said sul,divisinn for maintenance.
7. :'h City further agrees to install street signs and
� r,rff,c -Ligra in consideration for said fees received.
8. '';:e City further agrees to pay for the street l.ightinv
att.-r the first year of service �,Fith r,ener.al rund Monies.
'111.c Cit} further agrees to accept the subdivision for
maintvrinrcc uron certification from the Department of Public taorks
. ,at ali condition:i herewith have been met.
1t 1.3 utual.l•,• understood and agreed by and between the
,rtlr-.s nwretn:
'l'hat this contract is t:,einq made by virtue of the City of
'iilerd F•ul.tdiviaion ordinance, deems it proper for this contract to
.K. rnt(-roc1 into concerning the const <uction of all public im,irovements
as roqutred uy said ordinance, and as shown on the subdivision plat
fi !ed )- the Petitioner herein.
l:i t�TT,JLSS WERE OF, Petitioner and City of 'Tia-ird does hereby
:n these ruresr'nts to stet their hand and execute this agreement.
PETITIONER
( (t@rson Realty Co•_L_Inc•
lly:_ �.�t�-vim:���r✓]..n,.-_
President
CT'cY rtr ThARD
ntv- RecoTcaer —_------_-_
i'h 1r 2 t f 2
1 "►
,t c'
PERSONAL SURETY BOND
K ]!)W UL "1I?N UY THESE PPESENTS: that weJ.A•Paterson Realty, Co.Irn
aF nrinci.pal, and J. Allan Paterson _ and - -J• A. Paterson
u:, s-.,reties, are held and firmly bound to City of Tigard, Oregon, as
ni)ligee, in the sum of S 63,500.00 , for the Payment of wh'ch, well
and truly to he made, the said principal and sureties ?Sind themselves,
their heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these hresei. .s.
The condition of -his ohliqation is such, that whereas the
principal entered into a certain contract, hereto attached, with the
ol-ligee, Citv of Ticar.!, dated the __ __day of. 5ept�*mber , 19 69
'Jow, therefore, if the principal shall wall and truly perform
and fulfill all the undertakings, convenants, terms, conditions, and
.aireeme.iita of said contract durin" the original term of said contract,
•ind am• extensions thereof that may he granted by the obligee, %%rith
or •iithout notice to the -ureties, and during the life of any quarantec+
requirod unuer tho Contract, and shall also •,yell and truly perform and
fulfill all the undertakings, covenants, terms, conditions, ant] agree-
mr.ntn of an,, and all tlul•;• authorized modifications of said c._;ntract that
roa: !•e mane hereafter, notice of which modifi .ations to the sur.etins
heinti herel, • waived, then this. obiligation to he void; otherwise to
romain in full force and virtue.
Tn ,:itness whareof, we have herunto set our hands and seals
of �Ogi:emisr l9 9 !
V LTi' .a�rilAsa1l�-..Cmay-..eta
Sur .V 7
�It
t tin-1, rk.a1..':, in dt.,I ivered in the presenco. of.
e
CITY OF uARD, OREGON
* 5V� visr��h DEVELOPMENT PROJECT
GENERAL INFORMATION SHEET
I. PROJECT No- :
II. PROJECT NAME:
'.II, DRAWING (TITLE) s �S�r2T�M6fr J dated: 7 44/41
IV r!,AT (TITLE) s gQt?0k_h .^_`1 dated:
I
V, SITE LOC:A71ON: A.A. I ,rli- -4/ S.UJ. LtiJn✓t 44- LiLc lr u
VI. PRINCIPALS.
(1) DEVELOPER: _ 1 !
Address r sc, :-L�� �V.i. Phone No.
1?1 DEVELOPERS SURETY AGENCY,.— L_,�lc �. aoc11 d ESC xn V
rllN-4
Address_—_ Pone No.—
Bond No.— Exp. Date
(3) ENGINEER: _), N-Ds-r1.5
Address SIG,-3LL)C.omn,e•re,%d Phone No.
(4) INSPECTOR:_ C,,rj jejcL I City js .I/c,-
Address �, Phone No.�`_�
(5) PRIME CONTRACTOR:
njdresq___ Phone
(f•) CONTRACTORS SURETY AGENCY:
Address _ �, Phone
Bond No. Exp. Uste_!_i_.__
(7i SUB-CONTRACTORS:
In^ •rr : Street, Sewer or Street Light.
CITY OF TIGARD, OREGON
,..:JBDIVISEON DEVELOPMENT PRWECT
(P.W.) ProcedurN Check List
I. FILE INITIATED.... .. ... .... ......... ... .... ............ G1
(11 Supplementary sheets attached... . .. 17
IT. SUBMISSION OF PRi11MINARY PLAT
(1) Pending Planning Commission action,.. ...1.1.... p
2P Apprnvpd tentatively by Commission... ... I......
11 . SUBMISSION OF PREL:MINARY CONSTRUCTION PLANS
t l i Pian Check ._imaneed: .... . p. �L
(a) Revisions requi.red. ..I. . ..... . ... ... ... p
(hi Stamped. approved for construction... . . j ../ _/ .
�1 Utility Cm. plans received. . . . , . .. .. ........... ❑
( sr Impr-vewnt coat iistimate received.... ,... ... .. ❑
IV. RXECtIT1ON OF PRQJEICT DOCUMENTS:
+1 , Contract documents drawn:
(d► Compliance Agreement si.gned. ........... C3
1b) Perfnrmance Bond q i.gned......... ....... (] ?:,
21 Permi,s 6 Licenses acquired.... . . ........... .. D
31 EdRem.'!1".N obtained 6 recorded. ❑
(41 Deposits made........................... ....... ❑
V. SUBMIss[ON OF FINAL PLAT
Ili ReYlnw for conformance cimmenceds ... ........... p Lam_
(a) Rvvl%ions required.e..., p
(b) Approved ti signed by Comm. Clhairman.... ❑
(c) Msubmitted to Commission. . .. .. .. . .... , ❑ rRes.No.
Approved. .. . l
(21 Approved and recorded by County Surveyor....... L3 A;QP_
fl? Address P assigned. . ............. ........... ❑
V1. COMMENCEMENT OF CONSTRUCTION....... .. .. .................
Nate InApec*ion sheets and construction/
Inspection check list (attached) for progress.
VI1 . FINAL INSPECTION OF CONSTRUCTION-- ...... ........... .
I1) Pending correction of deficiencies............ .
12) Not acceptable, construction deficient......... p
(J) All construction itesls acceptable.............. p
vlll. E:.rCUTION OF FINAL PRQtEr:T DOCUMENTS:
(1) Maintenance Bond signed.....
(2) As-built drawing received...,l.�ky....... .. ......
(3) Final report to Council issued. ❑
IX. CITY COUNCIL WCEPTANCE OF PRQ18CT IMPROVEMENTS. ......... ❑
MAINTENANCE BOND EXPrRE.q. Hl-;o/7I
i
ELM
►rlor,l,�le cc,reec�uAl +a
v, Neeoed r
Veliey Iron S4eel Co. NH�.o.,,t All joiH4-e of prec %+
F'u•1•Ferr, No 145 �` Ccvt. No.lO(o MAn1,n1Gs �'o be woo+trt;�ht
Z4` ',;, � Grv ^� �\ 5+gndgrd Gine {Cctior
y
"f One. 40,4
Selex.+ &46IGrill
. �NIA�G riOl Gory'. '�P_d
13
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I 1 /isl4c.01 RPC tc Fx
s
- SE.rTQI N A_A _�EGTION _ e_PS
MA OLE DROP MAIJHGLE.
PIPE ISEDDI"L-) GLA LSCS
MaEr 4 i or., .}ed \r 4
1., , .. .�• e,e;+
elec-f C3A�k.�1,
hope TrcAoN '.o i.. rompacied +L,
IF'i{ gcr4�w►, o i De %4 y
Sell Trt•'`� uo•+1an� y
SPECIAL 6EDG11.1��
BEODIUt� BEDfllw3 ,� i?p�
.9f = sele'4 54."k4'11
'4N
e41
d�
fr .dcr1•oN q f
ndcA
A,e—el as
eYu•rto ----� G�vsl f
i
BEDO►r� IN GoNGREY E
YIELD NG GfQOUi F-M(ASE.IAVOT -
--- -- - HAKF?i5 GRIFFN
R D DETAILS S E VV E F� �NUI�+Fr�s
Ca A R 0 ;Q E[a0 r.1
OF
IN THE N. W. 114 , SECTION 31 T-2S R -1 W. W. M.
WASHINGTON COUNTY ., OREGON
SCALE : I"= 100' JULY 11969
NORTH
� I � �
.: . :
_• " '••' a 0 -IN/"AL POINT , ALSO INITIAL
A' z �' POINT OF If BE'
10' ��, 10' + Do I Z I S 1°42''20"W, 302.00' W "
N 1021'18"E , 385. 19 i 10 SANITARY SEWER EASEMENT 'N 1042'20"E 1264.53 _ 1 PF N !o 42'2U"E 302.00+ 1 3/e"1.R. F.
176.7'2 5/8 !.R.F.
• .'
' ^ 2@... ___ _ _ ___ _ _ _ __ _ __ - _. - _- - _. �\ 3 50,00' 2 5' 25' 90.00 N 80 00' 80 00 b0 00' 80.U0' 80.00 10000 95 00'
� _ _ - OD 4
O o o _ ac OD m A I O �A m O m 00 W
L" _ co _ �o - - ° ; lcy� N l°42'20"E 1 ' o- \� O `OO g 0 0 0 0 ° a A
2_ co � 3 m � 4 �o � 5 � 0 6 (+ 0 7 '� .\ 0 • �a o � o 0 0 a �
\, ,o. 0 34 0 35 36 37 b 38 39 $ o 40 m 41
`J� o ro v o N o o Q $ w 0 ti�h ,Q` 35.00' 1 $ . ,�\ \ _ o
�- 'r:N , 30.12' 49.19' 75.15' o�� o �n° ni �6S 70.00 80.00' 80.001 80.00 80.00 80.00 5.46-501Qi \03 1
\ < ,m 60.42 80.00 59.99 fir--- 5 h' c„ 1 c�' ___ _- - -------- o %2
\ o� o s��, '' �� _ _ v► ��`'�o,. 33 _- ,� orb
�� 626'x' N1°21'18"E N 1°42'20"E s� g _ m �� 11 \\F� __�___ _________ _ N 1° 42'20"E_Y- - 496112 --- N 51°17 36 E
S.W. 149.52 th 2 124 'AV p Iw 1 RACT e �\ ti3\so °9�a, S 125th AVE. 4�
\ per.a 124 �' a' 'l 10 SANlT Y c90 ° --; - - ,
6 pp 1 � AR SEWER oma,�s- 15 80.00 80.00 80.00 80.00 8000 70.r 3' '
03 123.50' IS 49.85 9. 95.26 `�-��. tpp• 0�
63 0 �i Z �6 ,20''`N U' EASEMENT \ `'��,,� t0 g9 to t� � ' bol
� � m °�' o _ '�� ,,� `I N 16°25 � � .� `` \ ao Oo _ _ �°° ,5�2 N 1042'20"E
N cv o o °$ o / N 1042'20"E 296.54' °� p �° o cD
rn, g o 60 �� 0 59 \ ro `o `� - 138.54 $ a 32 31 g 30 $ 25 g 28 0 0 27 0 �'
\ �i 4D'. �D la N ��L �'h t, 9 �'- 138.00' 20' �,� c► v ry o ry 0
N o o o o oti o �, _ � \ o a ., g g o o w e 43
\ -
�'� w5!3 _ 5\25 0- 0 a� �o v °, $ '� m 1 1 ,� w o o
89.38 59.01 ? 0.0 �, .\ - �' 80•on 80.00 80.00 80.00 80.00 90.00
o rn r0o•00
1" ° " z p 16 �' 'L \ �, 80.00 80.00 80.00 8000 80,00 90.00 QD
o. z N 1033'51 E N 14220E N_ 15 p� s�
\ 0 ��'•� �' \ c,, Q- \ - z % - N 1042'20"E
V1 N .�P_ 0 0 ��0 ,,W ?�� p$. •�% 4F 17 `��' - - o o 0 7C m
o _
/5'20 lO n ro o
m 2 w\ ,� �,� cn 21 2 2 $ 8 23 $ 24 25 0 26 aQ 0 44 0
�• �D- tv_ �� 16 o w p �s 40.13 z - ro o ro 0 v O
oa �� A o �- po x'2,10 �e � p�, t�6 92 -a \� W � � m Z Q o o v O �,s = o o �{
\, �, m w F 0 $ �`'- too' > a Y •sem, 1 a� l _ - 1 n, s- i'�1 100.00_
62ss,, ' ILA o 7 0_ � �`ILD - Nt8°2� �`,os Q�\ N gt 64 80.Od 80.00 80.00 69.87
NOTE: ALL REAR AND SIDE LOT LINE T 02 \�, : o_ p' 0 14 :50_ != rn $. 1 - v o
S 0 �,- ° 0 0.0 0 $_ R ca 18 \. /ys m 5 N! 42'20"E 355.17' _ IRZj m
HAVE A ,5FT. EASEMENT FOR THE d+ f'��'F. 61 i ,c 11 0_ ° ' CO V \ °° - -- J 0
0 NI 3440E ¢ �► _S� £� • AVE. 0 45 0
PURPOSE OF STORM DRAINAGE, �;4 13760 3 N 10 06'05 W 210.67 - \ ti / - -. - I � o
SANITARY SEWERS AND UTILITIES. 'a+ w " �- , 22.60 -- ,5.00' m vi 110.12' 100.55' pei 80.34' )-a000' 80 0'0 �.r3' _ 100.00'
�p 00• W z , QD
T m
\� '" ► C► 56 $� t 20,' ` oc '''J�,65�0 ��, J 5.44° 6� °$ O
, o. 00N o N p o N1o(�05 00, 60�°2�6'►,bo2�''6 •�'3�c %� 5'4 53 g 52 0 51 oa ' ' 25' m m
\p p 0 tpo 'W _ 12 13 - olo o !9 ti nD 20 °� 6� . 'sem- � 0 o 0 1 0 46 0 0
0 0. °25 O 2 ''� Si m o42'20, o 0
016 __ �<, s r ..> ..••. . v / �c.\� N l E 1 Oy
60.00' 95.00' \/��1//Y 15 90.00 69.52' �� 40 80.00' 80.00' 9000' X00-�;=U
15' -' S 5 $- N! 42 20 E X90.00 100.00
V`- � 200.00' 204.52' -5 4r, i � cn �
- - -- - _ - - -- - - - -- - - - - -- - - - - - - 2. S•� N 10
°0 4140, E 124 tl� �� 166.71' p•?�- 145.0 IRF. °g 0C) 50 o ro o 0 4 7 00
138.56' N 145.00' 105.15 7 66 + ++ 4 4.52 + 3 5/8 TRACT to $ ��.4 o o
S 1°34 40 W 1188.98 5/8 I.R.F N °!00.00 N! 20 E
� N
!V 100.00
15'SANITARY SEWER EASEMENT _ ~ P. 1 E ° ' "
p
•. •r. r. ... N OCD_ typ 49 O th •4 8 V►
t •. '�.,
ENGI NEER. CERTIFIGATE ' . ... ' » '�• .:j�.. w _ _
'� � N v v nwi O c�'i�
1 , JAMES R . HARRIS , FIRST BEING DULY SWORN, DEP03E. AND SAY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH CENTER LINE CURVE DATA LOT CURVE DATA °1_ '99.43 1000° 25 2� 10.00 3,4"1.P F
_ 1/2 1.P.F. � +
518" .X 30" IRON RODS ALL LOT AND BLOCK CORNERS , C��R��1�' POINTS AND BOUNDARY LINE CHANGES I N tlIR CTION , THE
S 1 38'2.5"W 449.43 h
LAND REPRESENTED IN THE ANNEXED MAP OF BRCOKIi�r';6,Y" AND FOR THE INITIAL POINT OFSAIU SURVEY I USED THE 0 a = 28001'48" LOT DELTA RADIUS LENGTH CHORD CHORD BEARING � TRACT A 114,50
' R = 153.84'
INITIAL POINT OF°'BEL LWOOD;
MMULMULM
SPZ^.IAL PROVISIONS
TABLE OF COQi's11TS
Page
3-01- Location SP-1
3-02- Definitions SP-1
3-03- Control of Work SP-1
3-04- Scope of Work SP-1
3-05- Subsurface Conditions SP-1
3-06- Plans SP-2
3-07- Gwurautee SP-2
� s
SP-1
SECTION 3
SPECIAL PROVISIONS
3-01-Location
This sanitary sewer project is located in Hrookway subdivision at
S.W. 125th & S.4,'. Walnut Street, Tigard, Washington County, Oregon.
3-02-Definitions
'lOwner"s J.A. Paterson.
"Engineer": James R. Harris, or authorized representatives.
"City"s City of Tigard, Washington County, Oregon
3-03-Control of Work
All work under this• contract shall be executed in a manner satisfactory
to the Engineer and `he City.
The wor'c shall not be considered complete until accepted by both the
Engineer and the City.
3-04-Scope of Work
The Bork to be done under these specifications and plans which accompany
ts;em consists of the construct'Lon of sanitary sewers, manholes, and such
appurtenant facilities and wort as indicated and required. Th6 contractor
will be required to furnish all labor, materials and equipment neeesnEry
for construction of the s,yetens as indicated on the plans and statea hrirein
and to furnish all .,dscellaneous items required to complete the work.
3-05-Subsurface Conditions
Adverse soil conditions may be, encountered at some locations. The extent
of such adverse conditions is not known, but the design had been prepared
with the intent of effecting a sewer that will be as shallow as is
nractl-,able and yet accomplish the objectives of the project. The con-
tractor should recognize that Lnese considerations can allow little if
any adjustment of depth to avoid difficult excavation.
SP-2
3-06-Plans
Plans for this project are shown on a drawing consisting of one (1) shoot
which is bound separately and which bears the titles
BROOKWAY
SANITARY SE4ER
PLAN & PROFILE
3-07-Guarantee
Whether or not there appears here or elsewhere herein specific reference
to guarantees of all items of material, equipment, and workmanship,
they nevertheless shall be so guaranteed against mechanical, structural, or
other defects for which the contractor is responsible, that may develop
or become evident within a period of one year from and after acceptance
of the work by the owner. Such guarantees shall include care of backfilling
of ditches or at structures should the fill settle to such extent as to
require refilling or resurfacing roadway surfaces to restore the original
or intended condition or grade. This guarantee shall be understood to
imply prompt attention to any remedy of such defects as those mentioned
above if and as they, occur after the contractor shall have written notice
of their existence. If the defect is of such nature as to demand immediate
repair, the owner shall have the right to make them and the cost there
shall be borne by the contractor.
To support the above guarantees the contractor's performance bond shall
remain in full force and effect for one year following the acceptance of
the project by the owner. The bond shall be executed by a surety company
authorized to do business within the State of Oregon and it shall be
subject to the approval of the attorney for the owner.
In addition to the above requirements, the contractor shall make his
own determination as to the amount of '.he maintenance bond which will be
required by any corporation or agency granting a permit for work to be
done under these plans and ap9cifications.. Such bonds shall be in
addition to that requir6d by the owner as indicated above.
MEASURFMENT AND PAYMENT
TABLE OF CONTENTS
Page
4-01- Payment MU-1
4-01,1-Furnish and Install Concrete Sewer Fipe MP-1
4-01.2-Manholes MRCP-1
4-')1.3-Cleanouts Hf�P-2
4-01.4-Pipe Fittingm MRCP-2
4-01.5-Bedding Material WP-2
4 .01.6-Select Backfill RV-2
MIEP-1
SECTION 4
MEASUREMENT AND PAYMENT
4-01-Payment for all work under this Contract shall be made as follows:
4-01.1-Furnish and Install Concrete Seger Pipe Including Trench
Excavation and Back-filr—
Includes trench excavation, backfill and the furnishing all sewer
pipe, materials and work necessary to lay a complete sewer line,
and testing the pipe. Payment will be made for footage actually
laid as measured along the ground from center to center of
manholes or to limits of Contract. Tees and pipe fittings will be
paid for under other bid items but are also included in the lineal
feet of sewer pipe paid for under this item.
These items shall include payment for excavation of all materials of
whatever nature encountered, except solid rock. Boulders over 1/2
cubic yard will be paid for as solid rock. It is not expected that
solid rock will be encountered, and if it is encountered, it will
be paid for as an extra. 'Riese items shall include the cost of
sheeting, bracing and dewatering, if necessary, and excavation
for manholes and drainage structures. The cost of hauling away
any excess material shall be included in this item. The cost of
clearing for installation of pipeline is also included.
These items include the cost of removing and replacing fences, mail
boxes, poles and posts of all types, trees and shrubs, and ruckeries;
trenching through paved streets, lawn area and driveways; furnishing
and placing of gravel and crushed rock on road shoulders to restore
surface to original corditlon; tunneling under walkways less than 5
feet, in width and restora%'ion of all other surfaces not included in
unit bid prices.
These items include the cost of restoration of driveways and roadway
asphalt surfaces in accordance with County requirements.
4-01.2- Manholes
Price includes furnishing all materials and constructing standard
manholes as shown on the Standard Details.
Raw
P4grP-2
4.01.3- Cleanouts
Price includes furnishing all materials and constructing standard
cleanouts as shown an the Standard Details.
4.01.4-Pipe Fittings
Payment for providing and installing pipe fittings for services is
in addition to the prices per lineal foot of pipe. The exact
number and type will be determined in the field. The costs of
furnishing and installing plugs as nece.-aary to seal the line at
locations for side sewers and house sewers aro included in these
items.
4-01.5-Dedding Material
Includes furnishing and placing bedding gravel and/or foundation
gravel in accordance with Standard Details. Bedding gravel required
by unauthorized o*Yravation below the required trench depth or
excavation of trench width greater than thirty inches (30") will
not be paid for.
4-01.6-Select Backfill
The unit price per cubic yard includes all costs to furnish and
place select backfill in accordance with these specifications.
The contractor will provide to the Engineer delivery slips for
materials delivered under this item.
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