ODOT - Improvements (99W/Gaarde) Ar
y
RESOLUTION xo. g s
CITY OF TIGARD, OREGON
RESMUTION AUTHORIZING MAYOR AND RECORDER TO EXECUTE AGREEKET
WITH STATE HIGHWAY COMMISSION FOR PACIFIC HIGHWAY/GAARDE STREET
y MROVEMENTS
BE IT RESOLVED by the Council of the City of Tigard that
the Mayor and Recorder be, and they are hereby, authorized and
directed to execute on behalf of the City that certain proposed agree-
ment with the Oregon State Highway Commission, copy whereof is hereto
attached and by reference made a part hereof, concerning purchase of
lands from Grace Tigard Houghton and the construction of improvements
involving the Bull Mt . to Gaarde St . frontage road, and to thereby F
bind the City to the obligations thereof.
PASSED by the Council this 10th day of November, 1972 .
Y � r
cor er
ATTEST:
Ifo
r i
A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the
STATE OF OREGON, by and through its State Highway Commission, here-
inafter called "State" , and the CITY OF TIGARD, a municipal corpora-
tion, acting by and through its city officials , hereinafter called
"City" ,
W I T N E S S E T H
WHEREAS, the State, in cooperation with the City and Washing-
ton County, has heretofore prepared a plan for the realignment of
S. W. Gaarde Street in order to alleviate traffic congestion and
mitigate hazards now attendant upon the present intersection of S.W.
Gaarde Street with S. W. Pacific Highway (99-W) and the frontage road
intersecting S. W. Gaarde Street , within the City of Tigard, and the
parties recognize that the development of said plan cannot now be
programmed or scheduled ; and
WHEREAS, the State and the City agree that it is necessary to
construct on an interim basis certain highway improvements involv-
ing the frontage road paralleling S . W. Pacific Highway between the
intersections thereof with S.W. Gaarde Street and S . W. Bull Mt . Road
and that incident thereto the acquisition of additional lands for
right-of-way purposes is necessary; and
WHEREAS , pursuant to §5190.110 and 373.210 ORS the State and
the City are authorized to establish a cooperative basis for the
accomplishment of said interim improvements ,
NOW, THEREFORE, in consideration of the foregoing premises ,
it is agreed between the State and the City as follows :
(1) That the City will complete negotiations heretofore con-
ducted for the acquisition of the additional lands required for the
above described purposes at a cost of not to exceed. $12 ,500. , title
thereto to be taken in the name of the State of Oregon by and through
its State Highway Commission, said lands being described on the at-
tached Exhibit "A" and by reference made a part hereof.
(2) That there will be app lied as part of the acquisition
cost of said lands the sum of $3,800. heretofore contributed by S&J
Development Co. , and other developers , for the proposed project to
realign S. W. Gaarde Street at the intersection thereof with S . W.
Pacific Highway. That the balance remaining after applying said sum
of $3,$00. shall be divided into two parts of $4 ,350. each, and each
of the State and the City shall be hereby obligated to contribute
said sum of $4 ,350.
(3) That the State hereby agrees to construct or cause to
have constructed the said improvements involving the frontage road,
including an off-ramp from S. W. Pacific Highway (99-W) to the
frontage road, within 0�-days from the date hereof, and to bear
any and all costs thereo additional to those otherwise provided for
by agreement of the State and private parties .
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed by their duly authorized, undersigned officers ,
as of the day and year hereinafter written.
This agreement was approved by the Oregon State Highway Com-
mission on U . 2 C , 1972 at which time the Secretary for
the Commission was authorized and directed to sign said agreement for
and on behalf of the Commission. Said authority is set forth in
Volume , Page , Minute Book of the Oregon
State H ghwa C_o m` ssion.
Secretary
APPROVED:
S
AsssTi t nt State Highway End eer
APPROVED AS TO FORM:
Chief unse-
CITY OF TIGARD, by and through its
city officials
By:
ayor
By :
ecorder
ATTEST
fir' tc. . c
I
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DESCRIPTION ONLY lel) 21/�
A parcel of land lying in the NV% of Section 10, Township 2 South, Range
1 West, W.M. , Washington County, Oregon and being a portion of that property
described in that deed to Grace Tigard Houghton, recorded in Book 301, Page 40
of Washington County Record of Deeds; the said parcel being that portion of
said property lying Westerly of that property described in that deed to the
State of Oregon, by and through its State Highway Commission, recorded in
Book 334, Page 414 of Washington County Record of Deeds and Easterly of the
following described line:
Beginning at a point opposite and 120 feet Westerly of Engineer's Station
148+73.. 77 on the center line of the Southbound lane of the relocated Pacific
Highway West which center line is described in said State of Oregon Deed; thence
Southerly parallel with said center line to a point opposite Engineer's Station
149+50; thence Southerly in a straight line to a point opposite and 105 feet
Westerly of Engineer's Station 150+00 on said center line; thence Southerly
in a straight line to the Northwest corner of that property described i1i that
deed to the State of Oregon by and through its State Highway Commission, recorded
in Book 333, Page 496 of Washington County Record of Deeds.
The parcel of land to which this description applies contains 0.18 acre,
i
more or less, outside of the existing right of way.
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