Res 1048 - Lic Agmt Arco Pro
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COUNCIL BILL NO. 1295
RESOLUTION NO. 1048
A RESOLUTION ENTERING INTO A LICENSE AGREEMENT WITH ARCO PRODUCTS TO
ALLOW INSTALLATION OF ONE MONITORING WELL ON LAND OWNED BY THE CITY AND
AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn possesses land along Evergreen Street, and
WHEREAS, ARCO Products Company desires to install one monitoring well to facilitate
a continuing assessment of potential environmental damage as directed by the Oregon
Department of Environmental Quality, and
WHEREAS, no cost will be incurred by the City as a result of the agreement, and
WHEREAS, the agreement has been reviewed by the City Attorney, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a license agreement with ARCO Products
Company to allow placement of one monitoring well on City land along Evergreen Street.
Section 2. That the Mayor is authorized to execute and the City Administrator to
administer the attached agreement on behalf of the City.
Approved as to form:7J. ~0 ~
City Attorney
L( - / Z - 7 I
Dale
Filed in the Office of the Recorder
APPROVED: 1/Lvd c,cf J5uL/
Fred W. Kyser, Ma r
April 22, 1991
April 22, 1991
April 22, 1991
April 22, 1991
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
(Yl~ -C~
Mary nt, Deputy Recorder
City of Woodburn, Oregon
COUNCIL BILL NO. 1295
RESOLUTION NO. 1048
ATTEST:
-..,.
LICENSE AGREEMENT BETWEEN
CITY OF WOODBURN, OREGON AND ARCO PRODUCTS COMPANY
THIS LICENSE AGREEMENT is made on the 23rd day of April, 1991
between the City of Woodburn which holds a deed to a section of property along the
west edge of Evergreen Street, herein referred to as "licensor" and ARCO Products
Company, a division of Atlantic Richfield Company, hereinafter referred to as "licensee."
1. RECITALS
1.1 Ucensor holds a Bargain and Sale deed to certain real property (the
"Property") at 2620 Newberg Highway, Woodburn, State of Oregon, a copy of which is
attached as Exhibit "A" and, by this reference, incorporated herein.
1.2 Ucensee desires to drill on a portion of the Property, on (1) groundwater
monitoring well (the 'Well"), depicted as Exhibit "B" which is attached hereto and, by this
reference, incorporated herein.
1.3 The parties desire to enter into this Ucense Agreement to allow Licensee
to install said Well on the Property.
1.4 Neither this License Agreement nor any of the terms hereof shall be
constructed as an admission of liability by Ucensee for any contamination, alleged or
otherwise, on the licensed area or any adjoining property.
2. AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant and agree to and
with each other as follows:
3. TERMS
3.1 Ucensee may drill, use, and backfill at its sole cost and expense, one (1)
Well on the Property located at 2620 Newberg Highway, Woodburn, Oregon.
3.2 Said Well shall be completed as shown on Exhibit "C" which is attached
hereto and, by this reference, incorporated herein.
3.3 Ucensee agrees that in the construction, maintenance, and use of the
Well, it will comply with all applicable laws, including, but not limited to, any laws,
standards, regulations, or permit requirements relating to environmental pollution or
contamination; and Ucensee agrees to indemnify Ucensor from any claims, demands,
Page 1 - LICENSE AGREEMENT
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lawsuits, or liability for loss, fines, damage, injury, and death and all expenses and costs
including attorneys fees, resulting from or arising ou1 of the construction, maintenance,
or use of the Well or for the violation of any law, standard, regulation or permit
requirement.
3.4 Ucensee, upon prior notification to licensor, may enter the Property to
monitor and sample the Well.
3.5 Ucensee agrees not to permit any liens or encumbrances of any kind
against the Property for work done or materials furnished to Ucensee, and Ucensee
agrees to indemnify and hold Ucensor harmless for same.
3.6 If the surface or the licensed area and/or the surface of the Ucensor's
adjacent real property and/or improvements thereon shall be disturbed by the
emplacement or the backfill of Ucensee's Well, then said surface and/or improvements
shall be promptly restored by Ucensee to their condition just prior to such disturbance.
3.7 Licensee shall, after completion, backfill said borings pursuant to this
Ucense Agreement, or after the Well is no longer useful to the investigation, destroy the
wells according to the standards set forth by the appropriate state agency.
3.8 It is understood and agreed by Ucensee that the Well may increase the
dangers and hazards occurring upon the subject property and that this license is subject
to all those risks. Therefore, as a material consideration to Licensor for entering into this
license and without which Licensor would not grant the same: Licensee agrees to
assume and pay for all loss or damage to the subject property and injury to or death of
any person, or persons, including all incidental costs and expenses, however arising from
or in connection with existence, construction, maintenance, repair, use or removal of the
Well, or the failure of Ucensee or members, officers, agents, or employees of Licensee
to abide by or comply with the terms and conditions of this License; and Licensee forever
indemnifies Ucensor against any claims, damages, lawsuits or liability for any such loss,
damage, injury and death, costs and expense, including attorneys fees.
3.9 This License Agreement shall not constitute a deed or a grant of
easement and shall not be deemed irrevocable or an easement by virtue of the work
performed under or by reason of the Ucense.
3.10 This Ucense Agreement may be terminated by either party upon thirty
(30) days prior written notice.
Page 2 - LICENSE AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement as of the day and year first above written.
ARCO PRODUCTS COMPANY
By:
CITY OF WOODBURN, OREGON
By, :f;uJ? W ~/,J0L/
TItle Mayor
Trtle:
Date:
Date: April 23, 1991
Page 3 - LICENSE AGREEMENT
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EXHIBIT "A"
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BARGAIN AND SALE DEED
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We, SENIOR ESTATES, INC., a corp~ration duly organized
and qualified to do business in the State of Oregon, W. O.
MALONE and DOROTHY E. MALONE, husband and wife, CHARLES L. MALONE
and MARGUERITE J. MALONE, husband and wife, and HAZEL SMITH, a
single woman, convey to the CITY OF WOODBURN, a munioipal
corporation of the State of Oregon, for Use by the general public
for street purposes, all that real property situated in Marion
County, State of Orego~ described as:
A strip of land 100 feet in width, 50 feet on each side
of a centerline described as follows:
Beginning at a point in the centerline of State Highway
No. 214, also said point being on the North line of A;
Dubois Donation Land Claim No. 98 in Section 12, Town-
ship 5 South, Range 2 West of the Willamette Meridian,
Marion County, Oregon, and North 880 52' 10" West 1276.56
feet from the Northeast. corner of said Donation Land
Claim No. 98; thence South 000 51' 50" West 780.07
feet to the most Westerly Northwest corner of Woodburn
Senior Estates No. 7 as recorded in Record of Town-
plats Volume 22, Page 42 for Marion County, Oregon;
thence South 000 40' 40" V/est along the Westerly
boundary of Woodburn Senior Estates No.7 2636.56 feet
to an iron pipe at the Southwest corner of said Woodburn
Senior Estates No.7.
DATED this '1~ day of July, 1966.
SENIOR ESTATES, INC.
By: ~~ ~~
Title: ~""':J' ra..<. "-, 4......:f-
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DOROTHY E. MALONE
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CHAR E L. MALONE
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. ARIilUERITE. MALONE
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'1 . HAZEL SM TH
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Page 1 - BARGAIN & SALE DEED
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STATE OF OREGON )
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, County of Marion). ,
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II On the .:z!!:. day of July, 1966, pe;sonally appeared
J .' ..LCe c. ~ ' who, being sworn, stated that
._:tV"~:..h~"'+S the 1"1 c.... fj,< JI}I" ~~ of grantor corporati<;>n aRd.-that
.... . .th~eal .!i' _u Kere.to. 1:S -i"O-'-s-s"",1 and that thl:s deed was
/..", r.r:.I-,vO;run.tarilY signed and. sealed in behalf of the co. rporation by
. : ~ ,~ .. :',ufhori ty of it I S Board of Dir~ors~. ;Z
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'. '">'h.. ."....... NOTARY I1iJ C FOR OREGON
, My Commission Expires: 7-1'1- 7r.
STATE OF OREGON
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:.,;,~ l"'~~';~qunty of Marion
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...'..... ';.. ,\01" 0' MALONE AND
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/3'- day of Jtdy, 1966, personally appeared
DOROTHY E. MALONE, husband and wife, and
foregoing instrument to be;{h ir v untary act.
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Expires: /C' .-/,-6":,
STATE OF. OREGON )
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County of Marion __L. ____ ._. .....___
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On the /2' 'day of ~uly, 1966, personally appeared
CHARLES L. MALON~ MARGUERITE J. MALONE, husband and wife,
and acknowledged the foregoing instrument to be their voluntary
apt. .
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OREGON
County of Marion
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On the ..?(?~" day of Ju'l.y, 1966, personally appeared
." HAZEL SMITH, a sl:ngle woman, and acknowledged th;?fO egoing
'in~trument to be her voluntary ~.
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REGON }... I ""'by "''", It,,\ IC" t.""., ""'DEEDf:.?!." .0.-:,. ,'., ,,[~~__~,.~ !9.~~_____"B?::", "" """.. by l;~.
Irion, . Marlon COIIII!] r.:C.o;Jl li., (~ t.!~.,....~~_u__~_~_.:~'; .':., \'. '~,' "b.:!i-..z....rlro~~~t./<.(-.. ...__, /~.-_ -:t"? /
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Page - 2 - BARGAIN & SALE DEED
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EXHIBIT B
SITE MAP
PROPOSED AND EXISTING WELL LOCATIONS
EXHIBIT B
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LOCATION
EXHIBIT B
April 3, 1991
Page 1 of 1
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EXHIBIT C .
TYPICAL MONITORING WELL
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EXHIBIT C
GROUND SURFACE
PROTECTIVE COVER AT GRADE
HOllOW STEM AUGER BOREHOLE (a-INCH)
CEMENT SEAL
2-INCH BLANK PVC CASING - FLUSH THREADED SCHEDULE 40
BENTONITE PELLET SEAL (2-FOOT)
2-INCH SLOTTED PVC CASING - FLUSH
THREADED SCHEDULE 40
CLEAN IMPORTED SAND
PVC BOTTOM PWG
Typical Monitoring Well
EXHIBIT C
April 3. 1991
Page 1 of 1