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REFERENCE INFORMATION AND NOTES: DESIGN
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REFER TO TRACING FOR LATEST REVISION ri, H DATE 12555 S.W. HALL BOULEVARD PLAN � PROFILE OF
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1 EXPENDITURE REIMBURSEMENT REQUEST
This form is a multi-use form. Where appropriate receipts must be attached.
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VENDOR NO: DATE: 5 5 8
PAYABLE T0: Nir, WI11174-1 'bav►dso" Requested by: -
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CITY OF TIGARD, OREGON
RESOLUTION NO. 87-&
A RESOLUTION ACCEPTING PUBL..I.C: IMPROVE:M[NT<. KNOWN AS THE DAVIDSON STORM SEWER
RELOCATION IMPROVEMENT.
WHEREAS, the City executed a Storm Sewer Compliance Agreement dated
December 2.6, 1985, with William G. Davidson to facilitate installation of a
(relocated) storm sewer line to specified standards and specifications; and
WHEREAS, said Compliance Agreement stipulated that:
"At such time as all public improvements have been completed in accordance
with the City' s requirements, Petitioner shall notify the City of
readiness for final inspection and upon certification by the Department of
CommuniLy Development: that all requirements of the City have been met, the
Council -kgrees to accept said improvements, for operation and maintenance
responsibility, and release the Petitioner' s guarantee bond"; and
WHEREAS, Department of Cow unity Development staff verifies that all
requirements of the City have been met;
NO' _ THEREFORE, BE TT RESOLVED by the Tigard City Council that:
The Tigard City Council hereby accepts the public improvements known as the
Davidson Storm Sewer Relocation Improvement;
AND, FURTHER, the City Council hereby authorizes release of the Petitioners
guarantee bond.
PASSED: Thi s `'f day of ((,t_ _V 1.997.
Mayor - City of Tigard
ATTEST
Ci Recorder - City of Tigard _
L
(311:cn/1?. W)
RESOLUTION NO. 87-
Page 1
STATE HIGH WAY 99 W)
.'RO V 0 S E L7 RE�bCArlonta of
STORM SEWER
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CITY OF T3-jARD, OREGON
COUNCIL MG69DA ITEM SUMMARY
AGENDA OF: April 27, 1987 DATE SUBMITTED: April. 14_, 1937
ISSUE/AGENDA TITLE: Resolution of PREVIOUS ACIION: Resol . 986-3EARL-.-4,
Final. Acceptance of Davidson Storm 1986) conditionalacceptanceaction.
Sewer Relocation - 7--(5K PREPARED BY: John Hagman
DEPT HEAD OK TY-ADMEN REQUESTED BY:
................
POLICYISSUE
INFORMATION SUMMARY
1 . This relocation of an existing storm sewer line was done to accommodate
development of the Oil Can Henry's/Davidson Car Wash Site.
2_. The project was conditionally- accepted by the Council on April 4, 1986,
subject to a one year guarante, period .
3 . All work has been satisfactorily completed and has remained so throughout
the required guarantee period.
4 . Therefore, staff has prepared and recommends issage of the attached
resolution.
ALTERNATIVES CONSIDERED
None; our Compliance Agreement stipulates City acceptance upon the developers
satisfactory completion of all requirements .
FISCAL IMPACT
Operation and maintenance responsibility for the storm sewer improvement will
pass from the developer to the City of Tigard.
SUGGESTED ACTION
PASS THE RESOLUTION TITLED: A Resolution accepting public improvements known
as-the Davidson Storm Sewer-Relocation Improvement.
(J11:cn/121.4W)
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CITY OF TIGARD, OREGON
RESOLUTION NO. 87-
A RESOLUTION ACCEPTING PUBLIC IMPROVEMENT: KNOWN AS THE DAVIDSON aTORM SEWER
RELOCATION IMPROVEMENT.
WHEREAS, the City executed a Storm Sewer Compliance Agreement dated
December 2.6, 1985, with William G. Davidson to facilitate installation of a
(relocated) storm sewer line to specified standards and specifications; and
WHEREAS, said Compliance Agreement stipulated that:
"At such time as all public improvements have been completed in accordance
with the City' s requirements, Petitioner shall notify the City of
readiness for final inspection and upon certification by the Department of
Community Development that all requirements of the City have been met, the
Council agrees to accept said improvements, for- operation and maintenance:
responsibility, and release the Petitioner's guarantee bond"; and
WHEREAS, Department of Community Development staff verifies that all
requirements of the City have been met;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council. that:
The Tigard City Council hereby acts.-t4 the public improvements known as the
Davidson Storm Sewer Relocation improvement;
AND, FURTHER, the City Council hereby authorizes release of the Petitioners
guarantee bond.
PASSED: 'Fhis _ day of 1987.
Mayor - City of Tigard
ATTEST:
City Recorder - City^of Tigard
e (JH:cn/1214W)
r
RESOLUTION N0. 87-
Page 1 — .__
(5TATE HIGHWAY 99 W)
1417I
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CITYOF TIORD
May 27, 1986 OREGON
25 Years of S�eMce
1961-1986
William Davidson
12830 SW Pacific Highway
Tigard, OR. 97223
Dear Mr. Davidson:
Enclosed are copies of the executed Storm Sewer. Compliance Agreement and
resolution accepting said improvements.
If you have any questions regarding these documents, please contact Mr. Randy
Clarno in the City's Engineering Division.
Sincerely,
1 N
1
i
Loreen R. Wilson
City Recorder
lrw/35R5A
Randy Clarno
Enc .
13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 ------ - _�
EkZTZ FILL
C' YOF TIGARD
EXPr.NDITURE REIMBURSEMENI RLQUES1
This form is a mulct-use form. Where appropriate receipts must be attached .
Documentation is important for all purposes. Staple docume
ntation to form.
VF,NDOR NO: DATE:-- /•�C�r�, ��J $�
PAYABLE TO: _ ��1 � yN U.]v�C! O ��— Requcsi ed by: ,
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Date L Description: ( Include end/start`readin s and total miles) Amount
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APPROPRIATION BAI.AN( i A'. i1 :.►Knnture
1 CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 14th 1986 AGENDA ITEM M:
DATE SUBMITTED: April 3, 1986 PREVIOUS ACTION:
ISSUE/*XWbA TITLE: Resolution
conditionally accept.,ina Davidson PREPARED BY: John Hagman
Storm Sewer & authorizing partial REQUESTED BY: Comminity Dew. Dept.
release of the bond
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
1. The project is located east of SW Walnut Place and south of SW Pacific
Highway. It consisted of relocating a segment of an existing store sewer
line.
2. Construction has progressed satisfactorily and, subsequently, the
developer, Mr. Davidson, has requested release of a portion of the project
guarantee monies; the original ;perforsame glsrlWfte aewunt being
$7,750.00 and the required maintenance guarantee obligation being
3 . Subsequently, staff hereby certifies that the project sewer work is ready
to be accepted by council, subject to the normal one year guarantee
period, and that release of $6,200.00 is appropriate.
ALTELAATIVES CONSIDERED
SUGGESTED ACTION
PASS T`HL RESOLUTION TITLED_ "Resolution of the 1 ►gard City Council accaptinq
the public storm :ewer improvements known as the Davidson Storm Sewpr
Relocation, subject to a one year guarantee period.
JN bs221
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xPTI(OWN
' j 754. lid Refundable Perforpance Bond Deposit :
10-435 Sign permits HOP TU $ _
14-436 Public Sewer Plan Cheannspection Foe
10-436 Public Storm Plan Chock/Inspection Fee =
10-436 Street DedicatiotVPublic Improvement Fee $
10-436 Street Opening Permit s
10-437 Subdivision Applications:
S MLP _
10-440 Zoning Applications:
ZC CPA ZOA PD SOR Misc
SCE CU SLP V $
21-442 Street Light Fee $
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10-451 Document Sales:
Engrg, Planning Oldg.
10-451 Street and Traffic Signs
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TOTAL
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CITY or TIGARD, OREGON
RESOIJJII r.ON NO, 86-
RF !',()l M JON 01 IM 11GORD (JIY COUNCII, AMMING 1111 I.)UMIC ';l ORM 31.W1.R
IMI)ROVI--MV-Nl-!3 KNOWN AS 111E OAVID>-;ON STORM !",E'WE'R RtI.0(,,AIION �i(MI (,I I() A ONE
Yt AR GUARANI f I PERIOD
............
WHEREAS, the City executed a storm Sewer Compliance Agreement dated December
26th, 1985, with William Davidson, an individual, to rplocato a storm sewer
l-ine and appurrenances thereto, to specified standards; and
WHEREAS, tho Compliance Agreement stipulated that:
"Upon receipt of certification by the Department of community
Development that all requirements have bean met and a One Year-
Maintenance Rond, the City Council agrees to accept the public
improvements, subject to the requirement for correction of
deficiencies and maintenance for a pe-iod of one year . . ; and
WHEREAS, the Community DevelopmoriL Dopar-tment has now issued such
certification arid;
WHEREAS, the Petitioner has indicated a desire to retain a portion of the
existing cash per-Formant--p bond, in full force and effect throughout. the
aforesaid maintenance period, in lieu of submitting a separate maintenance
bond; said portion to be $1,,550.00 which is specified therein said Agreement
to assure continued maintenance and freedom from defects;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
The ligard City Council hereby accepts the public improvement known as the
Davidson Storm Sewer Relocation.
SUBJECI TO, the normal one year guarantee period; and also submittal of the as
built.
AND FURTHER, the City Council. herein authorizes release of that portion of the
previously submitted cash performance bond which i.s not required to be
retained; said releasable sum being six thousand two hundred dollars
($6,200.00) .
PASSED: This day of 1986,
y r - City of Tigard
W'puty City Rpr.ordpr City of Titj&r-d
J11-bs 2 70
Rt !.')OI.Ul'1ON NO. 86--..317
Page 1
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 4/14/86 AGENDA ITEM Pi: _
DATE SUBMITTED: 4/2/86 PREVIC'JS ACTION: — Site Design _
.ISSUE/AGENpA TITLE: Accept _ Review Approved by City_
Compliance Agreement-for "Davidson PREPARED BY: John Hagman
Storm Sewer Relocation" REQUESTED BY: Comm. Dev. Dept.
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
--- —_—.----
POLICY ISSUE
i
—Y INFORMATION SUMIMARY
1
i
1 . The proposed storm sewer relocation work site is located at S.W. Walnut
Place, adjacent to S.W. Pacific Highway and is to be done in conjunction with
half—street and other on--site construction work (Car Wash 6 Oil Can Henry' s
development) .
2. The attached Compliance Agreement has been submitted by the developer, as
required by the City, to assure completion of the storm sewer relocation work;
the developer has posted a bond, in the form of cash, already .
a . Construction plans havo been issued subject to Council acceptance of this
Compliance Agreement. All necessary fees have been paid.
ALTERNATIVES CONSIDERED
I
SUGGESTED ACTION
Authorize the Mayor and City Recorder to execute the storm sewer Compliance
Agreement for Davidson Storm Sewer Relocation work in behalf of the City .
.111 pm94
STORM SEWER COMPLIANCE AGREEMENT
THIS AGREEMENT dated this � day of ,l/__�_..__.___, 19 �5 ,
between the CITY OF TICARD, a municipality of' the State of Oregon, hereinafter
termed the "City", and William G. Davidson._ .
hereinafter, termed "Petitioner",
W I T N E S S E T H:
WHEREAS, Petitioner has applied to the City for, approval of construction
of a storm sewer, to be known as the_ Yidson Relocati�__—_ —
being within the boundaries of an areas as described c.n the attached easement_,
and by reference made a part hereof and
WHEREAS, the City of Tigard requires applicants for construction of
sewers, and appurtenances thereto, to submit to construction inspection, and
testing therewithal, to grant public easements, therefor, and requires the
payment of fees; and
WHEREAS, the City has approved and adopted the standard specifications for
Public Works construction by APWA, Oregon Chapter, and the Uniform Building
Code, for sterni sewers, prepared by professional for Public Works
constriction; and
WHEREAS the public improvements required to be constructioned are
incomplete, but petitioner has nonetheless requested that the City permit
granting of the property to the pubic, and the parties herein named desire to
protect the public interest generally to assure the public improvements will
be installed as required and completed within the time hereinafter set forth,
NOW, THEREFORE, in consideration of the foregoing prom and the
covenants and agreements to be kept and performed by the Petitioner and his-
contractor
iscontractor and Petitioner' s surety, IT 11, IIFRFBY AGREEC AS FOLLOWS .
1 . Petitioner shall proceed to complete all public improvements as shown
on herewith improvement plan, as approved by the City of Tigard and prepared
by Harris–McMonaKle & Assoc dated Nov._�,__1Q _... Said improvements
to be completed no later than one (1) year from the data of this agreement,
and Petitioner hereby agrees to comply with all standard specifications
adopted by this City, or as may otherwise be approved by the Department of
Public Works and to use only such material and to follow such designs as may
be required to conform thereto. Petitioner- shall provide certification of
installation cont,)rmance, via a registered civil engineer, to the City prior
to City inspection of petiti•inors imp,ovement work for City tentative and
final acceptance consideration.
2. Ti) assure compliance with tie City' s requirements and the provisions
thereof, Petitioner- agr•e:s to prov de herewith and tender to the City, a
surety bond(s) in form approved by the City, with liability iri the. amount
equal to the contract price of $.__71 A.L prior to issuance of it permit for
construction of said improvements; PetitionLer' s contractor shall be licensed,
and insured as required
1
3 . In the event that the contractor shallfail , neglect or- refuse to
proceed with t:he work in an orderly and progressiva mariner to assure
f, completion within the time specified, upon ten (1.0) days notice by the City to
the Petitioner and Petitioner' s surety, and such. default and failure to
proceed continuing thereafter, the City may at its option pr-iceed to have the
work completed and charge the costs thereof against the Petitioner and the
' Petitioner' s surety 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 that such action
be brought, the Petitioner and the Petitioner' s surety shall be required to
promise and agree to pay, in addition to the amounts accruing and .•llowable,
such sum as the court shall adjudge reasonable as attorney' s fees .%nc cost
in•.urred by the City, both in the Trial Court and Appellate Court, if any, or
top City may at its option bring proceedings to enforce against the petitioner
and/or Petitioner' s surety, specific performance of the contract and
compliance with the standards adopted by the City of Tigard, and in any event,
in a like manner, the City shall be entitled to recover such sums as Lhe Court
may adjudge reasonable for the City' s attorney' s fees and cost, both in the
Trial Court and Appellate Court, if any.
4. Petitioner, concurrent with thcl execution hereof, agrees to pay the
following fees as required by the City of Tigard:
a. A plan check fec- to cover the cost of review and approval of
construction plans i+i the amount of $,_ 310.00 __-
b. A permit fee to cover the cost of processing the permit
application and performing the inspection of sewer construction,
in the amount of $�jncluded above) _.
c . A connection charge to connect directly to an existing sewer,
which was installed with/without (strike inapplicable word) cost
to the petitioner-, in the amount of $_ N.A.
d . A mcjnthly sewer service charge for the ust of public sewer system
in the amount of $ N.A,
5. Petitioner, concurrent with the execution hereof, also agrees to pay a
surcharge in tho amount: of $— N.A. as required by that certain
contract entered into by the City with _ _ N.A.
for the reimburaemant .�f •n���ar construction costs
pertinent. thereto
6 The City agrees to make periodic inspections as, in the City ' s
judgment., is necessary to assure compliance.
7. The Petitioner agrees to insure that the City receives 48-hour• advance
notice of commencement of construction and, also, 12-hour advance notice for
all requested field inspections .
8 . The Patit.ioner agrees to insure that the Petitioner' s erginerr obtains
accurate as-built (field) construction records of said sewer installation arid,
also, ag-ees to insure that the City is furnished with one accuratp aq built
mylar thereof
_. 2
+� w
9 . n such time as all public improvements have been completed in
accordance with the City' s requirements, Petitioner shall submit a
"cer•t.ificate of installation conformance" to the City to notify the City of
the readiness for acceptance consideration inspe- ion; upon notification 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
bund in the form approved by the City in a sum equal to twenty percent (20X)
of the r-ontract price to provide for correction of any defective work or
maintenance becoming apparent or arising within one year after final
acceptance of the public improvements by the City.
10. Upon receipt of certification by the Department 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
of correction of deficiencies and maintenance for a period of one year.
11 . That the Petitioner, in consideration of the City' s approval of the
application to construct a storm sewer within the boundaries of easements held
by the City, does hereby covenant and agree to save, hold harmless and
indemnify the City, its officers, agents and employees, for and from all
claims, demands, damages, and each and every other obligation that can or
could arise from the neglect of Petitioner, his officers, agents, contractors
and employes, or from trespass upon property outside of the easement area,
including attorney' s fees and costs, if any, necessarily incurred by the City
in defending against such claims, with the intent and purpose that the City
shall be made whole with respect to any amounts it ray be required to pay or
be held liable for in connection with the e?ercise of the privileges afforded
Petitioner to utilize the area within the City' s easemert for sewer
construction purposes .
IN WITNESS WHEREOF, the parties have executed this agreement. pursuant to
authority veited in each of them.
PETITIONER
William G. Davidsot
X
(Ptt,Ac h acknowledgment Hereto)
CITY OF TIGARD, OREGON
BY :
-- Mayor
I
Fly
-- -- _
. . �Recor•der
(00705)
3
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PERMANENT STORM DRAINAGE EAS. aENT
I
KNOW ALL MEN BY THESE PRESENTS THAT
hereinafter called the Grantors, in consideration for the)sufrom the City of
_ dollars ($ C-)
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
ins Pectigg and repairing of an underground storm drainage line and
appurtenances, together with the right to remove, as necessary, vegetation,
foliage, trees and other obstructions on the following described parcel of
land, situated in the City of Tigard, Washington County, State of Oregon:
SEE EXHIBIT A'
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
title or interest except those expressly stated in this easement, nor
otherwise prevent ;;rantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the above-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her)
(thea ) and(s) nd al( ) thie 20th day of DeCelOUer 19_,`t'
(SEAL) (SEAL)
dilliam G. Davidson (SEAL) _(SEAL)
STATE OF OREGON )
) as.
County of Washington )
BE ;T REMEMBERED, that on this ILL,,day of 19 fS
before me, the undersigned Notary Public in and for the State of Oregon ,
personally appeared the within-named
� M iam G. Davidson
who is (are) known to me to be the identical individual(s) described in and
vho executed the within instrument and acknowledged to me that he (she) (they)
executed the came freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 2Jth day
of December _ 19-,,
J
ry P lifor Oregon
(NOTARIAL. SEAL) My Commission Expires : �
Approved as to form this day of
By: - ----
City Attorney - City of Tigard
klday of �-
Approved as to legal description this 't, 19 -'
6 i
EXHIBIT "A"
LEGAL DESCRIPTION
DAVIDSON .STORM SEWER EASEMENT
A strip of land being 7.50 feet on each side, when measured at right angles ,
of the following described center line within the following designated premises :
Beginning at a point on the northeasterly line of Lot "F" at Frewing Tracts ,
being a sr5divisior, of Lot 2 and a portion of Lot 1 Frewing Orchard Tracts ,
Washington County, Oregon , 5-43 50'00"-E 88.60 feet from the most northerly
corner of said Lot "F" ; thence N-75°06'25"-W 91 .60 feet; thence: parallel with
the northwesterly line of said Lot "F" 5-45°12'00"-W 107.00 feet; thence
5-71004'30"-W 75.00 feet to the northerly right-of-way line of S. W. Walnut
Place as set forth in the plat of Frewing Tracts, and the ter�,dnus of this ease-
ment, said terminus being N-43°50'00"-W 23.67 feet from the intersection of said
right-of-way line and the northwesterly line of said Lot "F" . The side lines
of this easement shall extend or shorten as necessary to intersect the center
line boundaries .
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of Lot jj tMow Wsterl7 et from the most 'daaterl• corns �� Lo
to s point �• 10 47 6, 5 the rants: L'ns o' a ten foot
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ar of October, 1557.
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Aid Y7 that M li
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Its load of Trustees, and rid MAI MMU of said Corporation4
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--teary a or r'eron.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: April 14th, 1986 AGENDA ITEM N:
DATE SUBMITTED: April 3, 1986 PREVIOUS ACTION:
ISSUE/AGENbA TITLE: Resolution
conditionally accepting Davidson PREPARED BY: John Hagman
Storm Sewer 6_authorizing Partial REQUESTED BY: Community Dev. Dept.
release of the bond
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
POLICY ISSUE
INFORMATION SUMMARY
1. . The project is located east of SW Walnut Place and south of SW Pacific
Highway . It consisted of relocating a segment of an existing storm sewer
line.
2. Construction has progressed satisfactorily and, subsequently, the
developer, Mr. Davidson, has re-Iliested release of a portion of the project
guarantee monies; the original performance guarantee amount. being
$7, 750.00 and the required maintenance guarantee obligation being
$1 ,550.00,
3 . Subsequently, staff hereby certifies that the project sewer work is ready
to ba accepted by council, subject to the normal one year guarantee
period, and that release of $6,200.00 is appropriate.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
PASS 114E RESOLUTION TITLED: "Resolution of t.ho Tigard City Council accepting
the public storm sewer improvements known a! the Davidson Storm Sewer
Relocation, subject to a one year guarantee period.
JH:bs221
CIT; OF TIjARD, OREGON
RESOLUTION NO. 86-
RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC STORM SEWER
TMPROVEMENTS KNOWN AS THE DAVIDSON STORM SE','�R RELOCATION SUBJECT TO A ONE
YEAR GUARANTEE PERIOD.
WHEREAS, the City executed a storm Sewer Compliance Agreement datcd December
26th, 1905, with William Davidson, an individual , to relocate a storm sewer
line and appurrenances thereto, to specified standards; and
WHEREAS, the Compliance Agreement stipulated that:
"Upon receipt of certification by the Department of community
Development that all requirements have been met and a One Year
Maintenance Bond, the City Council agrees to accept the public
improvements, subject to the requirement for correction of
deficiencies and maintenance for a period of one ,ear. . . ; and
WHEREAS, the Community Development Department has now issued such
certification and;
WHEREAS, the Petitioner has indicated a desire to retain a portion of the
existing cash performance bond, in full force and effect throughout the
aforesaid maintenance period, in lieu of submitting a separate maintenance
bond; said portion to be $1,550.00 which is specified therein said Agreement
to aisure continued maintenance and freedom from defects;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
The Tigard City Council. hereby accepts the public improvement known as the
Davidson Storm Sewer Relocation.
SUBJECT T(;, the normal one year guarantee period; and also submittal of the as
built .
AND FURTHER, the City Council herein authorizes release of than portion of the
previously submitted crash performance bond which is not rr.quired to be
retained; said releasable sum being six thousand two hindred dollars
($6, 200.00) .
PASSED: This dray of 1986.
Mayor - City of Tigard
AITEST:
Deputy City Recorder - City of Tigard
JH:bs2.20
RESOLUTION N0 86
Pagu 1
3 X70/
M&MM
JUMRMORA��Mwx��' MMULMOULM11WS
ELL=—G: torq
CITY Of 1'fGARD,._-O-R[.-C;ON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF February 1U, 1986 AGENDA JILM #:
DAZE SUBMITIFE): January 28, 1986 PRE.VIOUS ACTION:
ISSUE/AGENDA TITLE: Drainage
Easement - Davidson Site PRF-PARFD BY: John Hayman_
LWalnut Place) REQUESTED HY. Comm. Services
DEPARTMENT HEAD OK: GliY ADMINISTRATOR:
POLICY ISSUE
INFORMATIQN SUMMARY
I The easement, will provide access for public operation and maintenance of
one storm sewer line; said line being locat.pd on a private tract adjacent to
SW Walnut Place, as illustrated by the attached map,
2. The easement was required by staff to be provided to the City for the
aforesaid reason arid, subsequently, it is recommended that Council. act to
accept it.
ALIERNAUVES CONSIDERED
SUGGESTED ACTION
Accept the Davidson storm sewer easement to facilitate public operation and
maintenance of the line installod thoroin
(JH:pm37)
INDIVIDUAL-GENER.1r, PARTNERSHIP
PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT _
vlilliam f flaviricnn
hereinafter called the Grantors, in consideration for the sum of
dollars ($ '; ) from the City of
Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
Inspecting and repairing of an underground storm drainage line and
appurtenances, together with the right to remove, as necessary, vegetation,
foliage, trees and other obstructions on the followin3 described parcel of
land, situated in the City of Tigard, Washington County, State of Oregon:
SEF. EXHIBIT ''A''
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,
title or interest except ,hose expressly stated in this easement, nor
otherwise prevent Grantors from the full use and dominion thereover; provieed,
however, that such use shall not interfere with the uses and purposes of the
Intent of the easement.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the above-described easement will he forfeited and shall
immediately revert to the Grantors, their successors and assigns In the case
cf such event.
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, Its successors and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her)
(their), snd(s nd al(a) this ZOO day of December 19 %.
/� II� 1/ (SEAL) (SEAL)
dilliam G. Davidson
(SEAL) (SEAL)
STATE OF OREGON )
) 8a.
County of Washington )
BE IT REMEMBERED, that on this ''1,-idoy of IIr,rnmhvr 19 "1
before me, the undersigned Notary Public in and for the State of Oregon,
personally appeared the within-named
,lilliam G. Davidson
who is (are) known to me to be the identical Individual(s) described in and
who executed the within Instrument and acknowledged to me that he (she) (they)
executed the game freely and voluntarily.
IN TESTIMCNt WHEREOF, I have hereunto set my hand and seal this 2Jth day
f December 19 6;
y PA?is for Oregon
(NOTP.RIAL SEAL) My Commission Expires:
Approved as to form this day of _By:
City Attorney - City of Tigard
Approved as to legal description this � day of �- / -, 19
By: r_
qW460"C i►City,of Tigard
„rvdT-q-
Approved this day of 19
CITY COUNCIL, CITY OF TIGARD, OREGON
By: ---
City Recorder - City of Tigard
IL/ LV/UJ
EXHIBIT "A"
LEGAL DESCRIPTION
DAVIDSON STORM SEWER EASEMENT
A strip of land being 7.50 feet on each side , when measured at right angles ,
of the following described center line within the following designated premises :
Beginning at a point on the northeasterly line of Lot "F" at Frewing Tracts ,
being a subdivision of Lot 2 and a portion of Lot 1 Frev;ing Orchard Tracts ,
Washington County, Oregon , S-43°50'00"-E 88.60 eet from the most northerly
corner of said Lot "F" ; thence N-75°06'25"-W 91 .60 feet; thence: parallel with
the northwesterly line of said Lot "F" S-45°12'00"-W 107.00 feet; thence
S-71 '04' 30"-W 75.00 feet to the northerly right-of-way line of S. W. Walnut
Place as set forth in the plat of Frewing Tracts, and the terminus of th;s ease-
ment, said terminus being N-43°50'00"-W 23.67 feet from the intersection of said
right-of-way line and the northwesterly line of said Lot "F" . The side lines
of this easement shall extend or shorten as necessary to intersect the center
line boundaries .
3 '
o eo
/Yo�2Ti�Y,FJsr1 y
►�' �>�.� Li.•►/,C- �Al vim-"
_ _..__.. __—_ s.¢.,�•i�.'ooi.✓ ��•oo ' � ; .'J90ST ND�QTiGy
o�
vl
i
. 10
/-'i/%� 9•� HAR.RIE3 - MCMONA(3LF ASSOGIATE9
■x��xnnws-•o�vntoww
_ a evt:iic Ott suit or action be filed by the Obligee hereunder to
enforce said contract or- to racover under- the terms of this bond, in addition
to all other rights •d remeCies hereunder-, the, Cit it _he event it. shall.
prevail, shall be e, ftled to recover such sums a:. the Court may adjudge
reasonable as and for attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this bund to be
executed this day of
William G. Davidson
Principal
B y
9y — -9ea� --- seal
(A true cony of the Power of Attorney
must be Attached to the original of �!� Surety
this bon ) 1
t ) .0 d 5�
1� 11� Attor iey-in-Fact
(0927P)
1
PISM 8 t
NAME:
_ACCT. WSUXP � � �`� 46" AMOAW
10-220 Refundable Performance Bond Deposit _ _�-7 7S4-
10-435 Sign permits NOP TU $
10-436 Public Seaver Plan Check/IAspoction Fee C.' ''
10-436 Public Storm Plan Chock/Inspect ionFee /L $ .3/D• �D
10-436 Street Dedication/Public ImiprovIument Fee
'.0-436 Street Oponing Pemit $
10-437 SubeAvision Applications:
S MLP $
10-440 Zoning Applications:
ZC CPA ZOA PD SDR Misc
SCE CU SLP V ��
21•-442 Street Light Fee =
10-451 Document Dales:
_ Ems. Planning Bldg. $
10-451 ._ Street and Traffic Signs S
TOTAL :
r
(1045P)
L
,� 14
.y�
�'A l
P.0.80X 23397 D6d0
TIGARD,OR 97273: "-
Neme
address
Lot Block/Map TS ubdivisionlAddress
Pormit MAs Bldg` Plumb Cash' ock
L/
Sewer OtherOther Rec. By
No. Y
Acct } � �F. r'
zription . + Amount
10-432 Building Permit Fees
10.4314W Plu_mbing'Permit Fees _
10--431-1301 Mechanical Permit Fees
10-230.501 State_Bldg. Tax _
10-433 _ Plans Check F•ee
30.443 Sewer Coniectlon �.
Sewer Ine ection
51-448 Street Syst. Dev. Charge
52.449.810 Parks I Sysi. Dev.Charge
52--449-820_ Parks II Syst. Dev. Charge _
31.450 Storm Drainage Syst. Dev. Charge t'y
10-430 Business Tax
0434 Alarm Permit
10-227 Ball --
10-455- Fines -TrafflclMlsdlParking
4230- CPTA TrafficlMisdlVic. Asst. _
10-458 Indigent Defense
30-122.401 Sewer—Service/USA
30-122-402 Sewer Service/City 30%
30.123 Sewer SevkcelCity MdInt.
125 nmatch9 —��
1 torr Drainage
4 ancro i Prin. Pymt.
40-471 Bancroft Int. Pymt.
s,
TOTAL fiG ,u
DEPT, «, a. 97
'� r s •-4
NEE MR
ill l� kgs tt
STORM SEWER COMPLIANCE AGRELMLNf
THIS AGR[-.EMI-N: dated this day of
between the C1-1*Y OF '11GARD, a municipality of the State of Oregon, hereinafter
termed the "City", and ( 1L1
hereinafter termed "Petitioner",
W I T N E S S E T H:
WHEREAS, Petitioner has applied to the City for approval Of construction
of a storm sewer, to be known as
as described on the attached being within the. b-)undaries of an areafO
and by reference made a part hereof; and
WHEREAS, the City of Tigard requires applicants for construction of
sewers, and appurtenances thereto, to submit to cosistruction inspection, and
testing therewithal., to grant public easements, therefor, and requires the
payment of fees; and
WHEREAS, the City has approved and adopted the standard specifications for
Public Works construction by APWA, Oregon Chapter, and the Uniform Building
Code, for storm sewers, Prepared by professional. for PuL. , ic Works
construction; and
WHEREAS the public improvements required to be constructioned are
incomplete, but petitioner was nonetheless requested that the City permit
• granting of tho property to the pubic, and the parties herein named desire to
protect the public interest generally to assure the public improvements will
be installed as required and completed within the time hereinafter set fo-th,
NOW, THEREFORE, in consideration of the foregoing p re m j L.(, and the
covenants and agreements to be kept and performed by the Petitioner and his
contractor, and Petitioner' s surety, IT IS HEREBY AGREED AS FOLLOWS:
1 . Petitioner shall proceed to complete all Public improvements as shown
on herewitf, improvement plan, as approved by the City of Tigard and prepared
by d-ted Said improvements
to be completed no later than one (1) year from the date of this agreement,
and Petitioner hereby atjr-evs to comply with all standard specifications
adopted by this City, or as may otherwise be approved by the Department. of
Public Works and to use only such material and to follow such designs as may
be required to conform thereto. Petitioner shall provide cc-r-tification of
installation conformance, via a registered civil engineer, to the City Prior
to City inspection of petitic `ers improvement work for City tentative and
final acceptance consideration.
2. To assure compliance with the City' s requirements and the provisions
thereof, Petitioner agrees to provide herewith and tender to the City, a
surety bond(s) in form approve(] by the City, with liability In the amount
equal to the contract price of prior to Issuance of a permit for
cons tru --t ion of said improvements; PetAionor' q contractor shall be licensed,
& -d insured as required .
3 . In the evant that the contractor shall fail, neglect or refuse to
proceed with the work in an orderly arid progressive mariner to assure
completion within the time specified, upon ten (10) days notice by the City to
the Petitioner and Petitioner' s surety, 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 the
Petitioner' s surety and in the event the same be not paid, ;.o bring an action
on the said bond to recover the amount thereof. In the event that such action
be hr,-.ught, the Petitioner and the Petitioner' s surety shall be required to
promisF 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 cost
incurred by the City, both in the Trial Court and Appellate Court, if any, or
the City may at its tption bring proceedings to enforce against the petitioner
and/or Petitioner' s Surety, specific performance of the contract and
compliance with the standards adopted by the City of Tigard, and in any event,
in a like mariner, the City shall be entitled to recover such sums as the Court
may adjudge rea3onable for the City' s attorney' s fees and cost, both in the
Trial Court and Appellate U urt, if any.
4. Petitioner, concurrent with the execution hereof, agrees to pray the
following fees as required by the City of Tigard:
a. A pian check fee to cover the cost of review and approval of
construction plans in the amount of $ 310•-VS
b. A permit fee to cover the cost of processing the permit
application and performing the inspection of sewer construction,
• in the amount of $(' k A,&aA ;>s_4)_,
c. A connection charge to connect directly to pan ox ist:ing sewer,
which was installed with/without (strike inapplicable word) cost
to the n-titioner, in the amount of
d. A monthly sewer service charge for the use of public sewer system
in the amount of
5, Petitioner, concurrent with the execution hereof, also agrees to pay a
surcharge in the amount of $ N,A, V_ as required by that certain
contract Entered into by the City with
_ for the reimburspmprnf if an-onr• construction costs
pertinent thereto.
6. The City agrees to make periodic inspections as, in the City' s
judgment, is necessary to assure compliance.
7. The Petitioner agrees to insure that the City receives 48-hour advance
notice of commencement of construction anti, also, 12-hour advance notice for
all requested field inspections,
8. The Petitioner agrees to insure toat the Petitioner' s engineer obtains
accurate as-built (field) construction records of sale! sewer installation and,
also, agrees to insure that the City is furnished with one accurate as-built
mylar thereof.
_.. 2
I
9. At such time as a I I public improvements have boon completed in
accordance with the City' s requirements, Petitioner shall submit a
40 "cer•tifi.-ate of installation conformance" to the City to notify the City of
the readiness for acceptance consideration inspection; upon notification by
the Department of Public Works that all requirements of the City have )ren
met, the Petitioner will submit to the City a good and sufficient maintenance
bund in the form approved by the City in a sum equal to twenty percent (20%)
of the contract price to provide for correction of any defective work or-
maintenance becoming apparent or, arising within one year after final
acceptance of the pu'71ic improvements by the City .
10. Upon receipt of certification by the Department of Public Works, that
all requirements have been met, and a one-year Maintenance Bond, th City
Counc,' l agrees to accept the public improvements, subject to the requirements
of correction of deficiencies and maintenance for a period of one year.
11 . That the Petitioner, in consideration of the City' s approval of the
application to construct a storm sewer within the boundaries of easements held
by the City, does hereby covenant and agree to save, hold harmless and
indemnify the City, its officers, agents and employees, for and from all
claims, demands, damages, and each arid every other obligation that can or
could arise from the neglect of Petitioner, his offic-rs, agents, contractors
and employes, or from trespass upon property outside of the easement area,
including attorney' s fees and costs, if any, necessarily incurred by the City
it defending against such claims, with the intent and purpose that the City
shall be made whole with respect to any amounts it may be required to pay or
be held liable for in connection with the exercise of the privileges afforded
Petitioner to utili7P the area within the City' s easement for sewe r•
construction purposes .
IN WITNESS WHEREOF , the parties have executed this acgreement pursuant to
authority vested in each of them.
PETI:TTONE:R
(Attach Acknowledgment Hereto)
CITY 01 1IGARD, OREGON
BY:
Mayor
Recorder
(0070x)
3
S I ORM `:I W1 R COMIT I ANCI AGRI f Mf N I
Hl Vi At;RFU_MLNT dated this -'1 day of �� �` 19
betworn the CIA Of i 1GARU, �+ nwnir ipaI iLy if tho `:t.atr of Oregon, hor•einafter,
Ler•tnod the "City", and William G. Uav_idson
hereinafter termed "Petitioner",
W I T N E S S E r H:
WHEREAS, Petitioner has applied to the City for approval of construction
of a storm sewer, to be known as _t11p ion
being
_
being within the boundaries of an areal[ as described on the attached easement ,
and by reference made a part hereof; and
- __.
WHEREAS, the City of Tigard r•equir•es applicants for construction of
sewers, and appurtenances thereto, to .ubmit to cunstr•uctiun inspection, and
testing therewithal , to grant public easem,nts, therefor,, and r•equir•es the
payment of fees; and
WHEREAS, the City has approved and adopted the standmr•d specifications for
Public Works construction by APWA, Oregon Chapter, and the Uniform Buildiny
Code, for storm sews-s, prepared by professional for Public Works
construct'.on; and
WHERE45 the public improvements req,--red to be constr•uctioned aro
incomplete, but petitioner has nonetheless requested that tho City permit
granting of the property to the pubic, and the parties herein named desire to
protect the public interest generally to assure the public improvements will
be installed as required and completed within the time hereinafter set forth,
NOW, THEREFORE, in consideration of tho foregoing pram I , and the
covenants and agreements to be kept and performed by the Petitioner and his
contractor and Petitioner' s surety, IT IS HEREBY AGREED AS FOLLOWS:
I . Petitioner shall procood to complete all public improvements as shown
on herewith improvement plan, as approved by the City of Tiyard and prepared
by Harris-McMonagle & Assoc. ___- dated Nov___L__i 85_____ Said improvements
to be completed no later than one (1) year from the date of this agreement,
and Petitioner hereby agrees to comply with all standard specifications
adopted by this City, or as may otherwise be approved by the Department of
Public Works and to use only such material and to follow such designs as may
be required to conform thereto. Petitioner shall provide certification of
installation conformance, via a registered civil engineer, to the City prior
to City inspection of petitioners improvement work for City tentative and
Final acceptance consideration,
2. To assure- compliance with Lhe City' s requir•emenLs and the provisions
thereof, Petitioner agrees to provide herewith and tender to the City, a
surety bond(s) in form approved by the City, with liability in the a-ciunt
equal to the contract price of $ 11150.00 prior- to issuance of a permit for
construction of said improvements; Petitioner' s contractor shall he licensed,
and insured as required.
- 1 -
3 . In tho ovont Lh,.t 1 hi t u, Lrat Lor shall tai I , neglect or r•efuso Lit
pr•oceod with Lho w1irk in iri orderly and pr•ogrossive iiwannor Lo Assuri-
complction within Lho t.imi, -,1., ,, ifiod, upon ten ( 1.0) days riot ice by the City to
Lhe Pctitioner and Purl iL inner ' s sur•eLy, arid such default and fai lur•o to
proceed cont inuirig thoroafLor , tho City may at its option proceed Lo have Lhe
work completed and charge Lho costs Lhoreof against: the P@LiL►oner' and the
Petitioner's surety and in Lht, ove.nt the same be riot paid, to bring an action
on the said bond to r•ecovor the amounL thereof. In the event that such act.iun
be brought, the Petitioner and the Petitioner' s surety shall be required to
promise and agree to pay, in addition to tho amounLs accruing and allowable,
such sum as the court shall adjudge reasonable as attorney' s fees and cosi
incurr•od 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 surety, specific performance of the conLr•act and
compliance with the standards adopted by Lhe City of Tigard, and in any event,
in a liko manner, the City shall be entitled to recover such sums as Lhe Court
may adjudge reasonable for Lhe City' s attorney's fees and cost, both in the
Trial ^,our•t and Appellate Court, if any.
4, petitioner, concurrent with tht, execution hereof, agrees to pay the
following fees as required by the City of 1-igar•d:
a. A plan check fee to cover the cost of review and approval of
construction plans in the amount of $ 310.00
b. A permit fee to cover the cost of processing the permit
application and performing the inspection of sewer- construction,
in the amount of $. included above
C . A connection charge to connect directly to -1 ist.ing sewer,
which was installed with/without (strike inapplicable word) cost
to the petitioner, in the amount of $_ N.A.
d. A monthly sewer service charge for the use of public sewer systom
in the amount of $
5. Petitioner, concurrent with thv execution hereof, also agrees to pay a
surcharge in the amount of $_ N.A. _ _ as required by that certain
contract entered into by the City with _ M.A.
_
pertinent thereto. for the reimburepmpnt „f enwo r construction costs
6. The City agrees to make periodic inspections as, in the City' s
judgment., is necessary to assure compliance.
7. The Petitioner agrees to insure that the City receives 49-hour advance
notice of commencement, of consti^uction arid, also, 12-hour advance notice for
all requested Field inspections .
8 . The netitioner agrees to insure that the Petitioner' s engineer- obtains
accurate as -Luilt (field) cunsiructiun records of said sower installation and,
also, agrees to insure that Lhe City is furnished with one accurate as. built
mylar thereof
2
s
') nt 'ilich t.ilm, e14 all public improvements have been c,,mp1oted in
accrlyd,arlec with the City' s requirements, Petitioner shall submit. a
.Cor t. ific,ato of installation cunform,ance" to the City to notify the City of
tho roadiness for acceptance consideration inspection; upon notification by
tho 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
bunk in Lhe form approved by the City in a sum equal to twenty percent (20X)
of the contract price to provide for correction of any defective work or'
maintenance becoming apparent or, arising within one year after final
acceptance of the public improvements by the City .
10. Upon receipt of certification by the Department 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
of correction of deficiencies and maintenance for a period of one year
11 . That the Petitioner, in consideration of the City' s approval of the
application to construct a storm sewer within the boundaries of easements held
by the City, doos hereby covenant and agree to save, hold harmless and
indemnify the City: its officers, agents and employees, for and from all
claims, demands, damages, and each and every other obligation that can or
could arise from the neglect of Petitioner, his officers, agents, contractors
and employes, or, from trespass upon property outside of the easement area,
including attorney's fees and costs, if' any, necessarily incurred by the City
in defending against such claims, with the intent and purpose that the City
shall be made whole with respe,t to any amounts it may be required to pay or
be held liable for in connection with the exercise of the privilege's afforded
Petitioner to utilize the area within the City's easement for sewer
construction purposes.
IN WITNESS WHEREOF, the parties have executed this agreement pursuant to
authority vested in each of them.
PETITIONER
William G. Davi_dso
xJG� �,
(Attach Acknowledgment Hereto)
CITY OF TIGARD, OREGON
By.. l-
/-"Mayor--
Recorder
(00705)
- 3 -
i1• ..L.11.1'.
PERMANENT STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT
Lit 11tam G- f)avi.rlsnn
hereinafter called the Grantors, in consideration for the sum of� —
_ dollars (Z C—) ) from the City of
Tigard, hereinafter celled Grantee, grant and convey unto the City of Tigard a
perpetual easement for constructing, reconstructing, operating, maintaining,
inspectipg and repairing of an underground storT drainage line and
appurtenances, together with the right to remove, as necessary, vegetation,
foliage, trees and other obstructions on the following described parcel of
land, situated in the City of Tigard, Washington County, State of Oregon:
SEE EXH181 i "A"
IT IS EXPRESSLY UNDERSTOOD that thiel easement does not convey any right ,
title or interest except those expressly stated 1.n this easement , nor
otherwise prevent Grantors from the full use and dominion thereover; provided,
however, that such use shall not interfere with the uses and purposes of the
Intent of the easement .
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said easement to be vacated, the rights of
the Grantee in the abcve-described easement will be forfeited and shall
immediately revert to the Grantors, their successors and assigns in the case
of such event ,
TO HAVE AND TO HOLD the above-described and granted premises unto said
Grantee, Its successors and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her)
7;�Z' and(s) nd al( ) this 20th day of Decemieri�J� SEAL
l �( ) (SEAL)
Williarn G. Davidson
(SEAL) (SEAL)
STATE OF OREGON )
) 33.
County of Washington )
BE IT REMEMBERED, that on this 2jiiday of 11PrP111hPr- , 19 "A ,
before me, the undersigned Notary Public in and for the State of Oregon,
persona).ly appeared the within-named
Gilliam G. Davidson
whu is (are) known to me to be the identical individual(s) described in and
who executed the within instrument and acknow: edged to me that he (she) (they)
executed the same freely and voluntarily.
IN TESTIMCNN' WHEREOF, I have hereunto net my hand and seal this 2Jth day
of uecemuer 19 6,)
s
ry Putlic, for Oregon
(NOTARIAL. SEAL) My C'OmmIasIon Expires : !t y 8G
Approved as to form this day of 19
By: _
City Attorney - City of Tigard
Approved as to legaJ description this �����day of l4e „04y , 19
(��—
EXHIBIT "A"
LEGAL. DESCRIPTION
DAVIDSON STORM SLWER EASEMENT
A strip of land being 7.50 feet on each side , when measured at right angles ,
of the following described center line within the following designated premises :
Beginning at a point on the northeasterly line of Lot "F" at Frewing Tracts ,
being a subdivision of Lot 2 and a portion of Lot 1 Frewing Orchard Tracts ,
Washington County, Oregon, S-43"50'00"-E 88.60 feet from the most northerly
corner of said Lot "F" ; thence N-75°06'25"-W 91 .60 feet; thence: parallel with
the northwesterly line of said Lot "F" S-45°12'00"-W 107.00 feet; thence
S-71004'30"-W 75.00 feet to the northerly right-of-way line of S . W. Walnut
Place as set forth in the plat of Frewing Tracts , and the terminus of this ease-
mot,
ase-mot, Baia terminus being N-43°50'00"-W 23.67 feet from the intersection of said
right-of-way line and the northwesterly line of said Lot "F". ThE side lines
of this easement shall extend or shorten as necei5ary to intersect the center
line boundaries.
-- I ---
,r"/�•oo''w 'or-do '
_ Afesr vof7.x v
\ r�
1 Y
HARRIEa - MCMONAoLK ASSOCIATES
■�a�w�o��.ananIrons
' utr� b�w�St PERFORMANCE BOND
Bond No. _
KNOW ALL MEN BY THESE PRESENTS, that ll�i��i�w,�a ba�idsoH _
_ as
Principal , and �_ a
corporation duly authorized to conduct a general surety business in the State
of Oregon, as Surety, are jointly and severally held bound unto the City of
Tigard, Oregon, a municipality of the State of Oregon, hereinafter called the
Obligee, in the sum of $ ;?� SQ °T' lawful money of the United States of
America, for the payment of which we, as Principal, and as Surety, jointly and
severally bind ourselves, our successors ,.-id assigns firmly by these present.
THE C�ONND_.I_T.IIONS OF THIS BOND $'40 OBLIGATION IS SUCH, that rrthe Principals
are I G6w16kN4AC.. S�O�YYh SGvJLM- 47C:►1► ��
located in the City of Tigard,' Oregon, and nave entered to
a 4Skprw�, St ►,ar.v- Compliance Agreement with respect to timely
development and improvement thereof, a copy of said Agreement is attached
hereto, and by reference made a part hereof; and
NOW, THEREFORE, if the principal herein shall faithfully and truly observe
and comply with all terms of the Agreement and shall well and truly perform
all matters and things undertaken to be performed under said Agreement and
under all ordinances, regulations and conditions of the Obligee applicable to
said development and improvement, and shall promptly make payments to all
S persons supplying labor or material for any of the work provided by said
agreement , and shall not permit any lien or claim to be filed or prosecutioned
against the Obligee, then this obligation shall be void, otherwise to remain
in full force and effect.
In the event of suit or action be filed by the OblignN hereunder to
enforce said contract or to recover under the terms of this bond, in addition
to all other rights and remedies hereunder, the City, in the event it shall
prevail, shall be entitled to recover such sums as the Court may adjudge
reasonable as and for attorney's fees
IN WITNESS WhEREOF, the parties hereto have caused this bund to by
executed this day of _ 19
Principal
By: _ (seal) _ (seal)
By - _ ._ goal (seal).
(A true copy of the Power of Attorney _
must be attached to the original of Surety
this bc, )
1
Attot ney—iri—Fact
n
(OY21P)
Ul_U �i2N '
NEkC Is AN EF t�e1.a�" o� IS
t,�t+tCl1 wr�� st'�H�Yti''t� rD
LAN,-
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llq-or"A" 43 Ali
17Itler
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V1 dr A141,
Pr0`ie- 1- - Davidson Storm Sewer
Easement :
Deed Reticienre:
KNOW AL1. MEN ICY 111171SI, Thdt. we jI )
W'lliam G. Davidson
hereinafter tt.:rm(-.d riraiir.-)r. %' S4 1.1 L.';r:siderat_ on of the sum ot $
Th6i___
to be paid by CITY OF TV-3ARD, a municipal corporation rf Oxegort, rein-
after termed the City , hereby grant. , bargain, sell and convey Unto the
CITY OF TIGARD 41 perpetoall right-ot--way and easement as hereinafter
described, together with a temporary right-of-way and easement t,3 use
an additional area hereinatter described and designated temporary ease-
ment, for the tollowing uses and purposes :
1. Perpetual easement :
Art unencumbered perpetual I gilt-of-way arid eaicme-nt for the
purpose: of cr,ristructing , reconstructing , operating , maintaining ,
inspecting and repairing of an undeiqround sc:wer litie and
appurtcnan,:es , tc)qeLher with the right tj remal!c . as necessary,
vegetation, foliaq%- , trees and other obstructions within the
easement arca , but. teservinq to the grantot 'i Lhe title to the
lanais , subjent to the easement , and the right Lo make such use
thet onj , except to cons t rur t buildings,
as wail ri:;t. interfere WIL11 the uses anu :;;j; pr.;bvL; ur the casement ;
said uos-?ment area being 7.50 feet (.;jj side , when mea-
sur eel at right angles , of center line
WiLhin rile designated premises:
Beginning at a pont un the northeasterly line of Lot at Frewing Tracts ,
being a subdivision of Lot 2 and a portion of Lot I Frewing Orchard Tracts ,
Washington County, Oregon, S-43'50'00"-E 88.60 feet from the most northerly
corner of said Lot "F" ; thence 11-75'06'25"-W 91 .60 feet; thence: Parallel
with the northwesterly, line of said Lot 'T' S-4E"12'00"-W 107.00 feet;
thence: 5-71'04'30"-W 75.00 feet to the northerly right-of-way line of S.W.
Walnut Place as set forth in the plat of Frewing Tracts, and tne terminus
of this easement, said terminus being N-43'50'00"-W 23.67 feet from the
intersection of said right-of-way line and the northwesterly line of said
Lot "F". The side lines of this easement shall extend or shorten as neces-
sary to intersect the centerline boundaries .
2. Temporary easement: Not Applicable
Should it. be necessary to cut and remove any brush, trees, or other matter or
materiais from the easement area, said brush, trees or other matter and materials shall
be removed and disposed of by the City and the City shall leave the easement area in a
neat and workmanlike condition. The City agrees that in connection with its use of the
easement area, the City will leave the premises in a neat and workmanlike condition and
as nearly in the pre-existing state as practicable.
The grators do hereby warrant that they are the owners in fee simple and have the
right to grant the above described easements.
Witness our han js and seals this 16thday of December , 19_85
/i
(SEAL) (SEAL)
William G. Davidson � --
__ (S17AL)
For a consideration, the mortgage lien on the above described properties is hereby
made subordinate to the easements above granted.
Dated this ______day of
u Mortgagee
BY --
-------—_�_ Title -
STATE OF OREGON )
ss.
County of Washington
On this __ 16th--day of December _ 19 OS personally appearad
the above named William G. Davidson
and acknowledged for foregoing instrument to be their voluntary act and deed.
Before me:
0
Notary Pu is for Or-gon
My Commission expires:_ __
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees to comply with
each and every term and condition thereof:
CITY OF TIGARD
By: ---
Mayor
By: _
City Recorder
STATE OF OREGON )
ss.
County of Washington )
On this __ ______day of _ _+ 1980, before me appeared
and both to me
personally known who, being duly sworn, did say that he, the said
is the Mavir, and he, the said
the Recorder of the CITY OF TIGARC, a municipal corporation,
and the said and acknowledged the
said instrumert to be the free act and deed of said municipal corporation .
IN TESTIMONY WHEREOF, I have hereuntu set my hand and affixed my official seal ,
this the day and year in this certificate first written..
Notary Public for Oregon
My Ccrnnission expires
8,
NK
Iv
NA
i
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HARRIES - MCMONAGLE A69OCIATICS
Improlmuswe-stla"VowM
CITY OF TIGARD
NOTICE OF DECISION
SITE DEVELOPMENT REVIEW SDR 17-85
APPLil.'ATION: Request by William C. Davidson for approval of a car wash and
maintenance facility on property zoned C-G (Commercial General) and located at
12860 SW Pacific Highway. (WCTM 2S1 2BD lots 1601 and 1700)
DECISION_: Notice is he-eby given that the Planning Director for the City of
Tigard has APPROVED the above described application subject to certain
conditions . The findings and conclusions on which the Director based his
decision acp as noted below.
A. FINDING OF FACT'
I . Background
No previous land use applications have been reviewed by the City
on the subject property.
2. vicinity Information
The properties to the northeast aid southwest along Pacific are
also zoned C-G and are devoted to commercial uses . Parcels to the
south are zoned R-12 (Residential, 12 units/acre) and are
developed with apartments and a church. The property is located
to the east at the eri of Walnut Place is developed with
apartments and is zoned R-25 (Residential, 25 units/acre) .
Walnut Place is a public_ street which abuts the subject property
and also provides access for all the parcels in the immediate
iici.7ity . This street is presently developed with pavement and
:urbs, but no sidewalks.
3 . Site Information and Propo4al Description
The rear section (Walnut Place side) �,f the property is
undeveloped except for a smal' paper recycling building operated
by the Lion' s Club. Th�- portion near the Walnut Place/Pacific,
Highway intersection is occupied by a self- service car wash.
The applicant proposes to rAmove the existing car wash and
construct a new, six stall, self-service car wash in the rear
portion of the property . An automotive service facility (Oil Can
Henry' s) is proposed for the existing car wash site. Access will
be provi0ed by the existing driveway on Pacific Highway which
serves Davidson' s restaurant and four driveways on Walnut Plac%.
NOTICE OF DECISION - SOR 17-85 - PAGE 1
A variance has also be propoaod in order to eliminate a
requirement for a public sidewalk along the rear portion of the
Walnut Place frontage. Since this issue involves a City policy
related to provision of street improvements, this topic shall be
reviewed by the City Council on December 16, 1985. After
reviewing direction from the Council, the staff will prepare a
separate decision regarding the sidewalk variance.
4. Agency and NPO Comments
The Engineering Division has the following comments:
a. The proposed car wash location will require the relocation
of a public storm sewer line that crosses the property.
This storm drain may also need to be enlarged to accommodate
upstr-ea,n f low.
b. The design of the driveway exit near the Walnut
Place/Pacific Highway intersection should be such that a
Left turn movement from Walnut: Place cannot occur. Also,
the Code requires that driveways be located a minimum of 30
feet from street intersections. The proposed driveway is
approximately 11 feet from Pacific Highway .
L A hermit will be required from the State Highway Division
for any work occuring within the Pacific Highway
right-of-way .
The Building Inspection Division, Tigard Water District, and PGE
have no objection to the proposal .
The State Highway Division states that the exit only driveway on
Walnut Place should be signed as such.
NPO # 1 has the following comments:
a. The "exit only" driveway on Walnut Place should be a maximum
of 14 feet wide and designed to prevent dangerous attempts
at entering the property at this point.
b. Landscaping should meet Code !tandards .
C . The driveway on Pacific Highway appears to be wider than
necessary and left turns from the property do not appear to
be appropriate.
No other comments have been received.
B. ANALYSIS AND CONCLUSION
The proposed development is consistent with Community Development code
requirements relating to building setbacks, height, lot coverage and
parking. Several aspects of the proposal do not meet City standards and
the necessary modifications are discussed below.
NOTICF OF DECISION -- SDR 17-85 - PAGE 2
1 . Landscaping
The site plan meets landscaping coverage standards, however, a
revised landscaping plan should be provided. No landscaping
information was submitted for the `rout section of the property ,
A plan must be approved by the City before building permits can be
issued for this phase of the project..
The Code requires that street trees be provided along street
frontages with a maximum spacing of 20 to 40 feet, depending upon
the species chosen. Trees are also required within parking areas
at a ratio of one tree per seven parking spaces .
2. Visual Clearance
The Code requires that visual obstructions may not exceed three
feet in height in the vicinit, if driveways, street intersections,
etc— The pyramidal arbrovitae and the blue atlas cedar shown in
the vicinity of the three rear driveways on Walnut Place should be
replaced with vegetation that has a mrture height of less than
three feet.
The proposed dumpster location will also conflict with; vision
clearance standards e..nd should be moved to the north approximately
10 feet or to an alternative site.
3 . Drivew, y Egress
,is mentioned under the comments from the Engineering Division, the
driveway exit onto Walnut Place near Pacific Highway needs to be
redesigned and located a minimum of 30 feet from Pacific H;ghway .
C. DECISION
The ' lanning Director approved SDR 17-85 subject to the following
conditions :
1 . [;NESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS.
2 . Standard half-street improvements including sidewalks, curbs
streetlights, driveway aprons, storm drainagr and utilities shall
be installed along the S.W. Walnut Place frontage. Said
improvements along S.W. Walnut Place shall be built to City of
Tigard standards and conform to the alignment or existing adjacent,
improvements.
3 . Seven (7) sets of plan-profile public improvement construction
plans and (1) itemized construction cost estimate, stamped by a
Registered Professional Civil Engineer, detailing all proposed
public improvements shall be submitted to the Engineering Section
for approval .
NOTICE OF DECISION - SDR 17-85 -- NAGE 3
s �► a► a
4. St- -m sewer plan profile details shall be provided as part of the
public improvement plans. Sanitary sewer connection details shall
be provided as part cf the building improvement plans.
5. The existing storm facility crossing tax lot 1601 shall be
reconstructed out from under the proposed car wash structure.
Said facility shall be designed bN and constructed �_-naer
supervision of a registered Civil Engineer. Plans and design
calculations to be submitted to the City for approval. A new
easement shall be provided therefore, to the City, by the
applicant at no cost to the City (o� City forms) .
6. Construct.on of proposed public improvement within SW Walnut Place
shall not commence until after the Engineering Section has issued
approved public improvements plans. The Section will require
posting of a 1 )0% Performance Gond, the payment of a permit fee
and a sign instal lation/street].ight fee. Also, the execution of a
street opening permit or construction compliance agreement shall
occur prior to. or concurrently with the issuance of approved
public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE
SPECIFIC LNFORMAIION REGARDING FEE SCHEDULES, BONDING, AND
AGREEMENTS.
7. A State Highway Division permit shall be required for any work
proposed to be done within the right--of--way of SW Pacific Highway .
8. A revised site and landscaping plan shall be submitted for
Planning Dip-ectop approval which include the following:
a, Revised location and design for tho driveway exit on Walnut
Place which meet City standards .
b. A landscaping plan which meets requirements for trees along
the street frontage and within the parking lot.
C. The revised landscaping plan shall. be consistert with visual
clearance requirements contained in Charter 18 . 102 of the
Code.
9. This approval is valid if exercised within one ,year of the final
decision date noted below.
D. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City
Hall. and mailed to:
The applicant 6 owners
X Owners of record within the squired distance
The affected Neighborhood Planning Organization
— Affected governmental agencies
NOTICE OF DECISION — SDR 17-85 — PAGE 4
2. Final Decision:
THE DECISION SHALL. BE FINAL ON �� _ UNLESS AN APPEAL
IS FILED.
3 . Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32.370 of the Community
Development Code which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sent.
The deadline for filing of an appeal is 4:30 P.M.
4• 9uesti0ns : I:f you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171 .
0
PREPARED BY: Keith l_iden, Senior Planner
ATE
Willi A. onahan, Director of Planning 6 Development DATE APPROVED
(KSL:dmj/2250P)
Pat
♦ [r
.. � ,mac 1 • _ �j
IUCMr M,ll C1I ,�
NOTICE OF DECISION - SDR 17-85 - PAGE 5
i
MEMORANDUM
Don Hodgdon Excavating Dr"'' .f%G �r �,.,�Numb,•r��J
I I P O Box 1543
Lake Grove,OP 97034 �r J
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HARMS -MCMONAOLIC ASSOCIATES
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