Resolution No. 20-43 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
RESOLUTION NO.20- y3
A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF
CONSTRUCTING PUBLIC ROADWAY,UTILITY,AND RELATED IMPROVEMENTS ADJACENT
TO AND ALONG SW 121sT AVENUE FROM SW WHISTLERS LOOP TO SW TIPPIT PLACE AND
ALONG SW FONNER STREET FROM SW 121sT AVENUE TO SW 116TH PLACE AND
AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY
WHEREAS,the City Chatter grants the City of Tigard ("City")the authority to acquire land for public
purposes;and
WHEREAS,the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase,acquire,
condemn,use,and enter upon property within or without its corporate limits as provided for by law;and
WHEREAS,the City and Washington County have jointly entered into an intergovernmental agreement
whereby...
WHEREAS,the Washington County Board of Commissioners Resolution and Order No. 20-88 declares the
necessity of the acquisition of certain right-of-way,the centerlines of which are described in Exhibits"A-1"
and"A-2"of said Resolution and Order,a copy of which is attached hereto as Exhibit"l",and
WHEREAS,Washington County Board of Commissioners Resolution and Order No.20-88 defines the
width of said right-of-way to be in accordance with the current Washington County Transportation Plan and
authorized any ancillary easements,and incidental additional right-of-way,as may be reasonably necessary in
order to accommodate the project;and
WHEREAS,Washington County Board of Commissioners Resolution and Order No.20-88 directs an
attempt to agree with the owners as to just compensation and authorizing condemnation proceedings to
acquire said tight-of-way for immediate possession and authorizing payment of protective rents;and
WHEREAS,the Tigard City Council deems it necessary to acquire the same certain property located along
the centerlines described in Exhibits"A-1"and"A-2"of Washington County Board of Commissioners
Resolution and Order No.20-88 in order to protect the health,safety,and general welfare of the public.
WHEREAS,Oregon Revised Statutes Chapter 368.016 requires city consent for road project undertaken by a
county within a city.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Pursuant to ORS 368.016,the City of Tigard consents to Washington County taking all
actions contemplated by Washington County Board of Commissioners Resolution and
Order No.20-88 and authorizes such actions regarding said project within the City's
jurisdiction.
SECTION 2: The Tigard City Council hereby finds and declares the construction,operation,maintenance,
repair and improvement of certain streets and other public right-of-way located within the
City's limits in Washington County,Oregon described in Exh bits"A-1"and"A-2"of
Washington County Board of Commissioners Resolution and Order No.20-88 attached
hereto as Exhibit 1 and incorporated herein by this reference is needed and required;and
Resolution No 20-y3
SECTION 3: The described real property is required and in the public interest for safe and efficient
operation,as may be reasonably necessary in order to accommodate project design;and
SECTION 4: The improvements to said real property will be planned,designed,located and constructed
in a manner that will be most compatible with the greatest public benefit and the least
private injury or damage;and
SECTION 5: Based upon the above findings,which are incorporated herein by reference,the Tigard City
Council concurs with the findings of Washington County Board of Commissioners
Resolution and Order No.20-88 and authorizes Washington County to proceed with such
acquisition of through negotiation or condemnation as necessary.
SECTION 6: This resolution is effective immediately upon passage.
PASSED: This 1� day of je 2020.
Mayor-City of Tigard
ATTEST:
� w
City Recorder—City of Tigard
Resolution No 20-Y
1�pTONC.d Exhibit 1
JE �K AGENDA
RECON WASHINGTON COUNTY BOARD OF COMMISSIONERS
Agenda Category: Consent—Land Use &Transportation (CPO 48)
Agenda Title: APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT
PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE SW 121ST
AVENUE (TIPPITT PLACE TO WHISTLERS LOOP) PROJECT
Presented by: Stephen Roberts, Director of Land Use&Transportation
SUMMARY:
Located in the City of Tigard,SW 121st Avenue between Tippitt Place and Whistlers Loop, has two
travel lanes, limited street lighting, no bike lanes, intermittent sidewalks and inadequate drainage
facilities.The project is funded through the Major Streets Transportation Improvement Program
(MSTIP) 3e.
This project will include continuous sidewalks, bicycle facilities, street lighting and drainage
facilities,which will improve safety and accessibility on 121st Avenue.The County is partnering with
the City of Tigard to install a 24-inch city water main as part of this project.This coordination will
lower the cost of the water project and minimize road and traffic impacts.
In order to construct the improvements as designed, additional right-of-way and ancillary
easements may be required. Right-of-way acquisition for the project will follow Oregon Department
of Transportation (ODOT)guidelines and policies adopted by the Board.
There may be opportunities to acquire right-of-way for the project,which may require protective rent
payments. Accordingly,the Board is requested to approve protective rent payments for this project as
necessary, which has been done on other similar projects.
(continued)
Attachments: Resolution and Order, including
Exhibits"A"and "A-1"
Vicinity Map
DEPARTMENT'S REQUESTED ACTION:
Approve the attached Resolution and Order authorizing staff to acquire the necessary right-of-way
and protective rent payments for the SW 121st Avenue (Tippitt Place to Whistlers Loop) project.
COUNTY ADMINISTRATOR'S RECOMMENDATION:
I concur with the requested action.
Agenda Item No. Zad.
`O ZV Date: 07/28/20
51
Exhibit 1
APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT PAYMENTS FOR RIGHT-OF-WAY
ACQUISITION FOR THE SW 121ST AVENUE (TIPPITT PLACE TO WHISTLERS LOOP) PROJECT
BOC 07/28/20
A Resolution and Order has been prepared for the Board, which would allow the County to acquire
the right-of-way and easements by condemnation, if necessary.
Construction of the road project is expected to begin spring 2022 with anticipated completion spring
2023.
ADDITIONAL INFORMATION:
Community Feedback(Known Support/Opposition):
There have been two public open houses with generally favorable support and no known
opposition.
Legal History/Prior Board Action:
On Oct. 4, 2016, the Board adopted the MSTIP 3e funding program,which allocated funding for the
i
SW 121st Avenue improvement project(MO 16-129).
Budget Impacts:
I
Total Estimated Project Cost $ 6,000,000
Expenditures to date $ < 689,823>
Balance available $ 5,310,177
52
Exhibit 1
1 IN THE BOARD OF COUNTY COMMISSIONERS
2 FOR WASHINGTON COUNTY, OREGON
3 In the Matter of Declaring the Necessity and )
Purpose for Acquisition of Certain Right-of-Way )
4 For the SW 121st Avenue (Tippitt Place to ) RESOLUTION AND ORDER
Whistlers Loop) Project, Directing an Attempt to )
5 Agree With Owners as to Compensation; ) No, 10 '
Authorizing Condemnation Proceedings to )
6 Acquire the Said Rights-of-Way; and Authorizing )
the Payment of Protective Rent. )
7
8 The matter having come before the Washington County Board of Commissioners at its
9 regular meeting of July 28, 2020; and
10 It appearing to the Board that funding has been approved for an improvement project for
11 the SW 121st Avenue (Tippitt Place to Whistlers Loop) Project, Project No. 100405 ("Project"), which
12 provides for the construction of the proposed improvements; and
13 It appearing to the Board that the Board of Commissioners has authority under ORS Chapter
14 35 to acquire right-of-way by purchase or condemnation proceedings; and
15 It appearing to the Board that it is consistent with the powers and purposes of County
16 government, and necessary for the continued growth, safety and welfare of the community, that
17 the Project be constructed and that the necessary right-of-way and easements be acquired; and
18 It appearing to the Board that the proposed construction of the Project is planned and
19 located in a manner which is most compatible with the greatest public good and causes the least
20 private injury; it is therefore
21 RESOLVED AND ORDERED that it is necessary for the preservation of the public health, safety
Page 1 - RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL
161 NW ADAMs AVENUE,SUITE 305,MS$24
HILLSBORO,OR 97124
PHONE(503)846-8747-FAx(503)846-8636
Exhibit 1
1 and welfare of Washington County that the County, in connection with the construction of the
i
i
2 Project, immediately start the acquisition process for the necessary right-of-way and easements for
I 3 the Project,through exercise of the power of eminent domain; and it is further
4 RESOLVED AND ORDERED that the right-of-way and easements to be acquired are described
5 as follows:the centerlines are described in the attached Exhibits "A" and "A-1"; the width of right-
6 of-way will be in accordance with the current Washington County Transportation Plan; ancillary
7 easements including slope, sidewalk, utility, wetland mitigation, storm water treatment, storm
8 water detention, and temporary construction purposes;together with such incidental additional
9 ( right-of-way at intersections, and due to topography or other project-level refinements and features
10 i identified as necessary for safe and efficient operation, as may be reasonably necessary in order to
11 accommodate project design; and any uneconomic remnants, as determined by appraisal; and it is
12 further
13 I RESOLVED AND ORDERED that the Department of Land Use &Transportation and the Office
14 I of County Counsel are authorized to retain real estate appraisers and negotiators, said appraisals to
15 I be prepared under the auspices of the Office of County Counsel and submitted to said Office for
16
initiation of proceedings as described below;and it is further
17 RESOLVED AND ORDERED that the Department of Land Use &Transportation is authorized
1
18 to make protective rent payments in conjunction with acquisition of the subject property, when
19 I determined to be feasible and economically advantageous to the Project; and it is further
20 I RESOLVED AND ORDERED that the Department of Land Use &Transportation shall in good
21 faith, attempt to negotiate an agreement as to just compensation with affected property owners,
Page 2- RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL.
161 N W ADAW AVENUE,SURE 305,MS N24
HILL HDRO,OR 97124
PHONF.(503)846-8747-PAX(503)846-8636
I
Exhibit 1
1 but the Board recognizes that there is a reasonable likelihood that formal litigation will be necessary
I
2 for a substantial number of properties and, therefore, hereby authorizes the Office of County
3 Counsel to file complaints in condemnation and take said other steps as it determines are necessary
4 for the immediate possession and condemnation of the right-of-way described herein.
S DATED this 28th day of July 2020.
6
7 AYE NAY ABSENT BOARD OF COUNTY COMMISSIONERS
8 NAFtRR4T®N ` -- -- FOR WASHINGTON COUNTY, OREGON
SCCHOUTEN
9 rREECE
10ROGERS -
CH THRYN H RlNGTON
' � �,_
WILLEY .� �.. ICr "I"AL41) --
11 RECORDING SECRETARY
12 APPROVED AS TO FORM:
13 CORTNEY D. DUKE-DRIESSEN
14 SR. ASSISTANT COUNTY COUNSEL
15 DATE AND SIGNED:JANUARY 8, 2020
16 PAGE 3- R&O#
17 DECLARATION OF NECESSITY FOR RIGHT-OF-WAY
18
I
19
20
21
Page 3 - RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL
161 NW AUAms AVENUE,SUITE 305,MS 424
HILLSBORO,OR 97124
PHONE(503)846-8747-PAX(503)846-8636
PROJECT NO. 100405
SW 121sT AVENUE IMPROVEMENT PROJECT
May 29, 2020
EXHIBIT A'
j
_Q_ENTER LINE DLSC9 1+II UPM ORA PORTION OF SW 1218T AVENUE.
BEING A ROAD CENTER LINE OFA PORTION OF SW 121ST AVENUE LOCATED IN THE
j SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, COUNTY OF
WASHINGTON, STATE OF OREGON, AS SHOWN ON THAT CERTAIN RECORD OF
SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY
SURVEYORS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF SW 121ST AVENUE,AT STATION
15+17.21, STATIONING PER THAT CERTAIN RECORD OF SURVEY SN 33853, FILED
JUNE 19, 2020, IN THE WASHINGTON COUNTY SURVEYORS OFFICE, SAID POINT
i BEING MARKED BY A 5/8" IRON ROD, IN A MONUMENT BOX, WITH YELLOW
PLASTIC CAP MARKED "CITY OF 'TIGARD", SAID IRON ROD BEING SET PER
MONUMENT REPLACEMENT SURVEY SN-30047, FILED SEP'T'EMBER 1, 2005,IN THE
WASHINGTON COUNTY SURVEYORS OFFICE, THENCE RUNNING ALONG THE
CENTER LINE OF SW 121ST AVENUE, NORTH 2040'33" EAST A DISTANCE OF 135.48
FEET TO A POINT ON THE CENTER LINE OF SW 121ST AVENUE AT STATION 16+52.6 9,
SAID POINT BEING MARKED BY A 5/8" IRON ROD, IN MONUMENT BOX, WITH
YELLOW PLASTIC CAP MARKED"CITY OF TIGARD", SAID POINT BEING SET PER SAID
MONUMENT REPLACEMENT SURVEY;
THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH
2040'33" EAST A DISTANCE OF 18.84 FEET TO AN ANGLE POINT AT STATION
16+71.53, SAID ANGLE POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH
31003'05"EAST A DISTANCE OF 1354.42 FEET TO A POINT ON THE CENTER LINE OF
SW 121ST AVENUE AT STATION 30+25.95, SAID POINT BEING MARKED BY A 1/2-
IRON
/2"IRON PIPE, IN MONUMENT BOX, SAID POINT BEING SET PER PLAT OF COUNTY
SURVEY NO. 3184, FILED FEBRUARY 1940, IN THE WASHINGTON COUNTY
SURVEYORS OFFICE;
THENCE CONTINUING ALONG THE CENTER LINE OF SW 1218T AVENUE, NORTH
2006'18" EAST A DISTANCE OF 792.84 FEET TO AN ANGLE POINT ON THE CENTER
LINE OF SW 121ST AVENUE AT STATION 38+18.79, SAID POINT' BEARS NORTH
60°03'50"WEST A DISTANCE OF 0,14 FEET FROM A 5/8" IRON ROD, IN MONUMENT
BOX,NO RECORD, SHOWN PER SN-24560,FILED MAY 5, 1992, IN THE WASHINGTON
COUNTY SURVEYORS OFFICE;
THENCE CONTINUING ALONG THE CENTER LINE OF SW 121ST AVENUE, NORTH
2037'13" WEST A DISTANCE OF 1239.90 FEET, AT STATION 50+58.69,TO THE POINT
OF TERMINATION, SAID POINT BEING MARKED BY A 5/8" IRON ROD, IN
56
&7 aK,
MONUMENT BOX, WITH YELLOW PLASTIC CAP MARKED "DEA INC", SAID POINT
BEING SET PER RECORD OF SURVEY SN-27625, FILED FEBRUARY 26, 1999,IN THE
WASHINGTON COUNTY SURVEYORS OFFICE;
THE BASIS OF BEARING FOR THIS DESCRIP'T'ION IS NAD83(2011) EPOCH 2010
OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE.
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57
PROJECT NO. 100405
SW 121sT AVENUE IMPROVEMENT PROJECT
April 22, 2020
EXHIBIT 'A-1'
i
CENTER LINE DESCRIPTION FOR A PORTION OF SW FONNER STREET.
BEING A ROAD CENTER LINE OF A PORTION OF SW FONNER STREET, LOCATED IN
THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 3, TOWNSHIP 2
SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, COUNTY OF
WASHINGTON, STATE OF OREGON, AS SHOWN ON THAT CERTAIN RECORD OF
SURVEY SN 33853, FILED JUNE 19, 2020, IN THE WASHINGTON COUNTY
SURVEYORS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT ON THE CENTER LINE OF SW 121sT AVENUE, AT
STATION 38+18.79, SW FONNER STREET STATION 0+00.00, STATIONING PER THAT
CERTAIN RECORD OF SURVEY SN 33853, FILED JUNE 19, 2020, IN THE
WASHINGTON COUNTY SURVEYORS OFFICE, SAID POINT BEARS NORTH 60"03'50"
WEST A DISTANCE OF 0,14 FEET FROM A 5/8" IRON ROD, IN MONUMENT BOX, NO
RECORD, SHOWN PER SN-24560,FILED MAY 5, 1992,IN THE WASHINGTON COUNTY
SURVEYORS OFFICE;
THENCE RUNNING ALONG THE CENTER LINE OF SW FONNER STREET, SOUTH
87052'55" EAST A DISTANCE OF 1148.58 FEET TO AN ANGLE POINT AT STATION
j 11+48.58, AND BEING THE POINT OF TERMINATION, SAID POINT BEING THE
CENTER 1/4 CORNER OF SAID SECTION 3, SAID POINT BEARS NORTH 2-13'2011 EAST
A DISTANCE OF 2630.48 FEET FROM THE SOUTH 1/4 CORNER OF SAID SECTION 3,
SAID POINT BEING MARKED BY A 2"BRASS DISC SET PER U.S.B.T, 2004-016, FILED
JUNE 15, 2004, IN THE WASHINGTON COUNTY SURVEYORS OFFICE.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS NAD83(2011) EPOCH 2010
OREGON STATE PLANE COORDINATE SYSTEM, NORTH ZONE.
REGISTERED
PROFESSIONAL
1,Anin QIIBIl1:'vnoj
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WARY. 14 2q?EOWARb ENf-1t0
94768
EXPIRi :S: 12/31/2022
58
WASHINGTON COUNTY
OREGON VICINITY MAP
Dept.of Land Use&Transportation �t
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KLF I June 30,2020 Project#100405
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