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MEMORANDUM
CITY OF TIGARD
TO: Greg Berry, Engineering Respond By
FROM: Brad Roast, Building Official `�'! ''For Your Information
DATE: 4-28-89 Sign and Return
SUBJECT: Exte-inion of main line sanitary for sewer Dennis and Mary
Owens, 10945 SW Fairhaven Way.
The Owens hove signed an agreement to pay for the City extending the main
line sewer to their property. (Please see attached)
Please move forward on the design and construction of the line as soon as
possible.
t +
AGREEMENT TO PAY FOR INSTALLATION OF CITY SERVICES
TRIS AGREEMENT is entered into thiv k�K day of April, 1989, by and
between the City of Tigard, Oregon ("City") and Dennis and May Owens ("the
Owens") .
RECITALS
1 . The Owens are the owners in fee simple of cort:ain real property
located at 10945 S.W. Fairhaven, Tigard, Oregon, City has determined to.at the
Owens must install certain public services to their property to bring them-
property in compliance with Washington County Health Department regulations.
2. The Owens have demonstrated to City that they are unable to
currently pay the actual cost of installation c•r these services. City has
agreed to install said services and charge thQ actual installation cost and
the cost of connection permit fees to the Owens, to be paid upon sale of the
Owers' property.
3 . In consideration of City providing the public improvements prior
to payment therefor, the Owens intend to execute a promissory note in favor of
City which shall reflect the actual cost of installation of services and to
further execute a mortgage in favor of City to secure said note. Citi agrees
to perform the installation work upon the terms agreed upon, herein.
AGREEMENT
NOW, THEREFORE., THE PARTIES HERETO AGREE AS FOLLOWS:
1. City shall proceed to install the required public services to the
Owens' property, located at 10945 S.W. Fairhaven, Tigard, Oregon, within a
reasonable time after execution of this agreement.
Page 1 -- AGREEMENT TO PAY FOR INSTALLATION OF CITY SERVICES
2. Immediately upon completion of said work, and upon calculation of
the actual cost of installation, the Owens agree to execute a promissory note
payable to City in an amount equal to the actual cost of installation. Said
promissory note shall be executed within 15 days after final installation
figures are calculated.
3. The Owens further• agree to execute concurrently with the
promissory note a mortgage against the property described herein to secure
payment of said note,
4. The terms of said note shall require full. repayment immediately
upl)n sale or transfer of the subject property, which proceeds shall be
ded w iod from escrow, if one is opened appropriate, and paid directly to City.
5. In the event the Owens refuse to execute said promissory note and
mortgage as required herein, City is authorized to proceed immediately to
collect the entire amount owed by the Owens to City as a result of the public
serv.c.e installation work contemplated herein. In such event, City shall be
entitled to an award of reasonable attorney fees and collection costs, even if
no suit or action is filed herein. In the event a suit or action is filed,
the amount of such reasonable attorney fees shall be fixed by the court, or
courts in which the suit or action, including any appeal therein, is tried,
heard, or decided.
6. All parties hereto have read, understand, and represent that they
voluntarily enter into this agreement and that this agreement, and any
documents referred to herein, constitute the entire agreement between the
parties.
CITY OF TIGARD, OREGON
eD nnis Owens
a By.
saw
Wayne wry / I)i.rector Mary ens
cp196470
Page 1 - AGREEMENT TO PAY FOR INSTALLATION OF CITY SERVICES
s � i■r s• � a ar
CITY QF'Tlt'.4 RIS
OREGON
March 30, 1969
Mr Dennis Owens
10945 SW Fairhaven Way
Tigard, Ore 97223
Dear Mr. Owens,
in consideration of the misunderstanding we grave had y:-r request
for a variance from coi.necting your home to the sanitary sewer system,
I have verified the proper authority to contact.
The Department of Environmental Quality is the governing authority, and
a Mr. Sherm Olsen (229-6443) is the person to contact in this matter.
I apologize for this misunderstanding.
Sin:arely
Brad Roant
Building Official
13125 SW Nall PA%/d.,P.O.Box 23397.Tigard,Oregon 97223
ELMOULMNALME
! !
MF.MORANrrUM
CITY OF TIGARD
TO: Pat Reilly, City Administrator Respond By
FROM: Brad Roast, Building Off.icia� � _ _Fur Your Information
DATE: 3-1-89 -—sign and Return
SUBJFCT: Dennis & Mary Owens 10945 SW Fairhaven
Septic Tank Failure
As you are aware, the Oweno have asked the city to assist them in
connecting t-hei.r home to the sanitary sewer system.
Wayne Lowry has finally received word from the City Attorneys office
that the City can legally finance sewer extensions, connections, and
permit fees on a private contractual basic.
The decision now, is whather the City is willing to fund such a connection,
how much it will fund, and because situations .like this are likely to occur
in the future, what criteria to use to determine a property owner is eligible
for such assistance.
In the case of the Owens, the estimated cost to connect their home to the sewer
is as follows:
Ertensian of e5 feet of 8 inch public main line $2500.00
Connecti<)n permit ($880.00 must ne paid to Unified
Sewerage Agency) $1135.00
Connection of house to public main (Labor and
Materials) $1000.00
Pumping and filling of septic tank $500.00
Total $51.35.00
feel the deciuions needed should come from a higher authority than
myself.. I hope a quick resolution to this matter can be made so the
Owens can proceed with correcting their problem.
c,: Ed Murphy
Wayne Lowry
0
CI-TnY OF TI RD
�iREGON
February 9, 1989
Gerhard Matheis -
Washington County Dept, of Health and Human Services
265 Oak St
Hillsboro, Ore 97123
Re: Dennis and Mary Owens
10945 SW Fairhaven %'ay
Tigard, Ore 97223
Dear Mr. Matheis,
Please hold any enforcement action on the above referenced property owners,
for connectinci to the sanitary aewar sy&tem. The Owens have made contact with
the city for asuistance in extendirg the Fewer main to their property.
The city in reviewing what can he done to help property ownere in situations
like this. I will keep you posted on any progress in this matter.
Sincerely
Brad Roast
Building official
13125 SW Nall Blvd.,P.O Box 23397,Tigard,Oregon 97223 (503)639-4171 -----------------------------
WASHINGTON
cc r N i"Y,
. OR-. :ION
.yanuary 3, 1989
Dennis and Mary L. Owens -- 6 3� — 5��� �� �`��•' • ^��
--10945 S.W. Fairhaven Way —
Tigard, Oregon 97223
RE: 60-Sewage and/or waste water
on the surface of the ground
10945 S.W. Fairhaven Way
2S1-3DO-TL 424
Dear Mr. and Mrs. Owens:
It has come to the attention of the Washington County Depattment of Public
Health that sewage and/or waste water is discharging on the surface of the
ground because of a malfunctioning of the sewage disposal system at the
above noted address. This is in violation of Oregon Public Health Laws
and regulations governing the disposal of domestic sewage and other
household wastes.
Gerhard Mathels, Sanitarian conducted an investigation and substantiated
the violation referred to above on October 19, 1988.
You are respectfully requested to correct this public health hazard by
establishing hook-up to the public sewer available to this residence. For
Information on sewer hook-up, contact City of Tigard-•-639-4171 .
Since the above is a. safety hazard as well as a Public Health Violation.
we must request correction within 30 days from the date of this letter.
Please call or write the Department of Public Health as soon as correction
as been accomplished.
!f a satisfactory correction has nut been completed in the time allotted,
we will have no choice but to refer this problem to the Department of
Environmental Quality for enforcement.
If you have any questions regarding this problem. please feel free to
contact this office.
Very truly yours.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Alice McCartor. Director
i
JGerhard Matheis, Sanitarian
v Environmental Health and Sanitation
GM:aat
c: Mike Mills, City of Tigard
265 Southeast Oak Street Department of Health 8 Human Services
Hillsboro.Oregon 97 123
Phune 503 6AH•BHA1
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BUILDING PERMIT APPLICATION C0F TIGARD DAl'E___� T+7°i
268-7461
THE UNDERSIGNED HEREBY APPLIES FOR APERMIT" FOR THE WORK HEREIN INDICATED BUILDERPHONIES 39 „b+**
OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLAN:; AND SPECIFICATIONS. OWNERPHONE_
OWNER 'efillis .�.U1 j4J StJ Fai,�,'P avli411 Cc%o-Y LOT NO.
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BUILDER �l ADDRESS __171E,�IGNER___
STRUCTURE _ ❑NEW— REMODEL ❑ADDITION ❑REPAIR ❑RENEWAL _OFIRE DAMAGE _❑DEMOLITION
13 I�'ESIDENCE OCOMM ClIJEOUCATIONAL ❑GOV'T ❑RELIGIOUSOPATIO CICAR PORT LJGARAGE ❑STORAGE❑SLAB ❑FE.NCF
DBOND ❑MOVING ❑CONDITIONAL USE ❑DESIGN REVIEW ❑COUNCIL APPROVi:D ❑SIGNS
0('CUPANCY— LAND USE ZONE —BLDG.TYPE FIRE ZONE FLAN CHECK BY HEAT
Ad bmthroom to exi*tA.;)g Uedroom ;Ipetatru AALsa saml:. .Loaf" modificatiol:
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BUILDING DEPARTMENT SET BECKS FRONT REAR LEFT SIDE RIGHT SIDE
Permit 48e00 -- --- - -- — _
Oki THIS PERMIT IS ISSUED SUBJECT rO THE REGULATIONS CONTAINED IN -I HE 13UILDING CODE, ZONING
Plan Check REGULATIONS AND ALL APPIJCARLF CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE
WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH
Sub-total 72.00 ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT' CITY BUSINESS
State Tax 1•Vis! !10ENSE.. SEPAPATE PERMITS REQUIRED FOR SEWER, PLUMBING AND HEATING.
Total 73•92
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DATE INSP. TYPE INSPECTION REMARKS PLUMBING ^ATE
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Permit No
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Permit No.
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- AOCCUPANCY
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INSPECTION NOTICE /
City of Tigard Building Department
P.O. Box 23397
Tigard. Oregon 97223
Phone: 639-4175
Type of Inspectioq
Date Requested _�� _Time
Address122
z , Permit 70
Owner �,. _ _� Lot
BuilderThe following Building Code deficiencies are required to be corrected:
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Presented to -—— _.—Approved
Inspector :� ❑ DiOpproved
Date --`
CALL FOR REINSPECTION
YE8 U NO
CITY OF T167A RDl
4ln '.)EKII- M1. I NO. 5E.:8909,70
COMMUNITY DEVELOPMENT DEPARTMENT 5
13125 S.W.Hall Blvd-P.O Box 23397.Tigard,Oregon 97223.(503)639-4175 0A1 I'::
1.094.13 Sw (.0, 1.155 NUMIDEI-4: 3'749113
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This permit is issued subject to the regulations contained in Title 14
of the TMC, State of Oregon Specialty Codes,zoning regulations ........................ ...........•......••••............
and all other applicable codes and ordinances, and it Is hereby PEA411111F.r.) J.N5PI::J"I YOW:1
agreed that the work will be done In accordance with the plans an-1
specifications and In compliance with all applicable codes and
ordinances The issuance of this permit does not waive restrictive CYT I'll::14*
covenants Contractor and subcontractors shall have current city
bus-ness tax permits This permit will expire and become null and
void it work Is not started within 180 days,or if work Is suspended or
shandoned for a period of 180 days any time after work has
commenced It shall be the responsibility of the permittee to assure
all required inspections are requested and approved
Permittee Signature
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Issued By
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SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE