HomeMy WebLinkAboutResolution No. 25-35 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 25- 3 S—
A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE SW BONITA ROAD
AND SW SEQUOIA PARKWAY INTERSECTION TRAFFIC SIGNAL PROJECT AND AUTHORIZING
EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY
WHEREAS, the City Charter grants the City of Tigard ("City") the authority to acquire land for
public purposes; and
WHEREAS, a project to construct a new traffic signal at the intersection of SW Bonita Road and
SW Sequoia Parkway has been identified as a priority to increase safety and improve traffic
operations; and
WHEREAS, the Major Streets Transportation Improvement Program (MSTIP) 3e project list
included Bonita Road and Sequoia Parkway Traffic Signal and was approved by Resolution and
Order 16-129; and
WHEREAS, the construction of the Bonita-Sequoia Intersection Traffic Signal Project (CIP 95069)
(the "Project") is in the public interest and is an approved capital improvement project identified
in the City of Tigard Capital Improvement Plan; 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 Washington County Board of Commissioners Resolution and Order No. 25-47
declares the necessity of the acquisition of certain right-of-way, the centerlines of which are
described in Exhibit "A" of said Resolution and Order, a copy of which is attached hereto as
Exhibit "1", and
WHEREAS, Washington County Board of Commissioners Resolution and Order No. 25-47 directs
an attempt to agree with the owners as to just compensation and authorizing condemnation
proceedings to acquire said right-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 Exhibit "A" of Washington County Board of
Commissioners Resolution and Order No. 25-47 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.
Resolution No 25-3-S
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. 25-47 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
Exhibit "A" of Washington County Board of Commissioners Resolution and Order
No. 25-47 attached hereto as Exhibit 1 and incorporated herein by this reference
is needed and required; and
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. 25-47 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 7 �Lday of ae-A6er-2025.
Mayor-City o Tigard
ATTEST:
City Recorder—City of Tigard
Resolution No 25-35—
4.70N c0G
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AGENDA ITEM
okEGO� WASHINGTON COUNTY BOARD OF COMMISSIONERS
Reference No: RO 25-46
Meeting Date: July 15, 2025 Status:APPROVED
Agenda Category: CONSENT AGENDA CPO: 4M
Department(s): Land Use &Transportation
Presented by: Stephen Roberts, Director of Land Use &Transportation
Approve Declaration of Necessity and Protective Rent Payments for Right-of-
Agenda Title: Way Acquisition for the SW Bonita Road-SW Sequoia Parkway Signal Project
(100700)
REQUESTED ACTION:
Approve the attached Resolution and Order authorizing staff to acquire the necessary right-of-way and
protective rent payments for the SW Bonita Road-SW Sequoia Parkway Signal Project.
SUMMARY:
The intersection of SW Bonita Road and SW Sequoia Parkway is an existing 3-way intersection in the
city of Tigard. The intersection is currently controlled by a stop sign on Sequoia Parkway. The project
plans to install a traffic signal to improve safety and traffic flow. Other improvements include
crosswalks,ADA-compliant curb ramps, and stormwater drain updates.
In order to construct the project 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.
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.
The project is expected to be constructed in the summer of 2026.
ADDITIONAL INFORMATION:
Community Feedback(Known Support/Opposition):
An online open house was hosted in April 2025. Feedback was mixed. Most comments acknowledged
the need to improve safety and relieve congestion during rush hour, but also did not prefer the
installation of a traffic signal in relatively close proximity to the existing signals at Bonita Road/72nd
Avenue and Bonita Road/Bangy Road. Many commenters suggested the alternative of limiting SW
Sequoia Parkway to right-in/right-out turning movements only.
Legal History/Prior Board Action:
This project was included in the MSTIP 3e project list adopted by the Board in October 2016
(Resolution & Order 16-129).
On June 4, 2024,the Board approved a contract with Fehr& Peers for engineering design and
construction engineering services (Minute Order 24-136).
This project is identified as TRN-000033 (Bonita Road and Sequoia Parkway Traffic Signal) in the 2025-
2030 Capital Improvement Plan adopted by your Board on May 6, 2025 (Minute Order 25-85).
Budget Impacts:
This project is funded through the MSTIP 3e funding cycle. The estimated total project cost is
$1,600,000. Adequate funds are included in the proposed FY 2025-26 budget for work expected to be
completed in the current fiscal year.
ATTACHMENTS:
Resolution Order 25-46- Bonita Rd-Sequoia Prkwy Signal Project
Bonita Rd-Sequoia Prkwy Signal Project- Ex. A: Centerline Description
Bonita Rd-Sequoia Prkwy Signal Project- Map
Approved by the
Washington County Board of Commissioners
also serving as the governing body of Clean Water Services and all other County Districts
Ofriik, aljeth)
Angie Aguilar, Alternate Clerk to the Board
July 15, 2025
Date Signed
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 Bonita-Sequoia Signal Project, Directing ) RESOLUTION AND ORDER
an Attempt to Agree With Owners as to
5 Compensation; Authorizing Condemnation ) No. 25-47
Proceedings to Acquire the Said Rights-of-Way; )
6 and Authorizingthe Payment of Protective Rent. )
7
8 The matter having come before the Washington County Board of Commissioners at its
g regular meeting of July 15, 2025; and
10 It appearing to the Board that funding has been approved for an improvement project for
11 the Bonita-Sequoia Signal Project, Project No. 100700 ("Project"), which provides for the
12 construction of the proposed improvements; and
13 It appearingto 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
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Page 1 - RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL
155 N FIRST AVENUE,SUITE 250,MS#24
HILLSBORO,OR 97124
PHONE(503)846-8747-FAX(503)846-8636
1 RESOLVED AND ORDERED that it is necessary for the preservation of the public health, safety
2 and welfare of Washington County that the County, in connection with the construction of the
3 Project, immediately start the acquisition process for the necessary right-of-way and easements for
4 the Project, through exercise of the power of eminent domain; and it is further
5 RESOLVED AND ORDERED that the right-of-wayand easements to be acquired are described
6 as follows:the centerline is described in the attached Exhibit"A";the width of right-of-waywill be in
7 accordance with the current Washington County Transportation Plan; ancillary easements including
8 slope, sidewalk, utility, wetland mitigation, storm water treatment, storm water detention, and
9 ; temporary construction purposes; together with such incidental additional right-of-way at
10 intersections,and due to topography or other project-level refinements and features identified as
11 necessary for safe and efficient operation, as may be reasonably necessary in order to
12 accommodate project design;and any uneconomic remnants, as determined by appraisal; and it is
13 further
14 RESOLVED AND ORDERED that the Department of Land Use & Transportation and the Office
15 of County Counsel are authorized to retain real estate appraisers and negotiators,said appraisals to
16 be prepared under the auspices of the Office of County Counsel and submitted to said Office for
17 initiation of proceedings as described below; and it is further
18 RESOLVED AND ORDERED that the Department of Land Use & Transportation is authorized
19 to make protective rent payments in conjunction with acquisition of the subject property, when
20 determined to be feasible and economically advantageous to the Project; and it is further
21 ///
Page 2 - RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL
155 N FIRST AVENUE,SUITE 250,MS#24
HILLSBORO,OR 97124
PHONE(503)846-8747-FAx(503)846-8636
1 RESOLVED AND ORDERED that the Department of Land Use & Transportation shall in good
2 faith attempt to negotiate an agreement as to just compensation with affected property owners,
3 but the Board recognizes that there is a reasonable likelihood that formal litigation will be necessary
4 for a substantial number of properties and, therefore, hereby authorizes the Office of County
5 Counsel to file complaints in condemnation and take said other steps as it determines are necessary
6 for the immediate possession and condemnation of the right-of-way described herein.
7 DATED this 15th day of July 2025.
8
g BOARD OF COUNTY COMMISSIONERS
FOR WASHINGTON COUNTY, OREGON
10
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CHAIR KATHRYN HARRINGTON
12 Oi13
RECORDING SECRETARY
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Page 3 - RESOLUTION AND ORDER
WASHINGTON COUNTY COUNSEL
155 N FIRST AVENUE,SUITE 250,MS#24
HILLSBORO,OR 97124
PHONE(503)846-8747-FAx(503)846-8636
EXHIBIT"A"
LEGAL DESCRIPTION
SW BONITA ROAD (CR 2379 T/J)
CENTERLINE
CITY OF TIGARD,WASHINGTON COUNTY, OREGON
A CENTERLINE LOCATED IN THE NORTHEAST AND SOUTHEAST QUARTERS OF THE NORTHEAST
QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATA 3/4" IRON PIPE WITH 3" BRASS DISK IN MONUMENT BOX SET IN SN 20596,
MARKING THE INTERSECTION OF SW 72ND STREET AND SW BONITA ROAD, SAID MONUMENT BEING
AT CENTERLINE STATION 17+61.06;
THENCE SOUTH 89°23'26" EAST ALONG THE CENTERLINE OF SW BONITA ROAD A DISTANCE OF
544.77 FEET TO A 5/8" IRON ROD WITH ALUMINUM CAP SET IN THE PLAT OF"PACIFIC CORPORATE
CENTER",SAID MONUMENT BEING AT CENTERLINE STATION 23+05.83;
THENCE SOUTH 88°25'40"EAST ALONG SAID CENTERLINE A DISTANCE OF 694.17 FEET TO THE
TERMINUS OF SAID CENTERLINE,SAID TEMINUS BEING AT CENTERLINE STATION 30+00.00.
BEARINGS ARE BASED ON SURVEY NO.34907,WASHINGTON COUNTY SURVEY RECORDS.
REGISTERED
PROFESSIONAL
L A ND SURV R
OR2CON
JULY I., 2024
ANTHONY D. CHENIER
102903PLS
RENEWS: DEC 31, 2025
Page 1 of 1
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