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Resolution No. 72-22 RESOLUTION No.2&,�,7 CITY OF TIGAT OREGON RESOLUTION AUTHORIZING MAYOR AND RECORDER TO EXECUTE AGREEMENT WITH STATE HIGHWAY COMMISSION FOR PACIFIC HIGHWAY/GAARDE STREET IMPROVEMENTS 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 bind the City to the obligations thereof. PASSED by the Council this 10th day of November, 1972. corder ATTEST: 0 REsolution No.72-,,9„2 F A 0 R E E N E N T C. THi3 AGREEMENT, Stade and entered into by and between the STATE OF OREGON, by and through Its State Highway Commission, here- I"f,ter 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. 0aarde Street in order to alleviate traffic congestion and mitigate hazards now attendant upon the present intersection of S.W. Oaarde Street with S. W. Pacific Highway (99-W) and the frontage road intersecting S. W. Gaards Street, within the City of Tigard, and the parties recognise that the development of said plan cannot now be programmed or scheduled; and WHEREAS, the State and the City agree that it to necessary to construct on an interim basis certain highway improvements involy- Ing the frontage road paralleling S. W. Pacific Highway between the Intersections thereof with S.M. 0aarde Street and S. W. Bull Mt. Road and that incident thereto the acquisition of additional lands for right-of-ray purposes is necessary; and WHEREAS, pursuant to 35190.110 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- bashed Exhibit "A" and by reference made a part hereof. (2) That there Will be applied as part of the acquisition a cost of said.lands the sum of $3,600. heretofore contributed by SiJ 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 $3,800. shall be divided into two parts of 44,350. each, and each of the State and the City shall be hereby obligated to contribute said sum of 44,350. (3) That the State hereby agrees to construct or cause to have oonetrusted the said improvements involving the frontage road, including an off-ramp from S. W. Pacific Highway (99-W) to the frontage road, within days from the date hereof, and to bear any and all costs thereof additional to those otherwise provided for by agreement of the State i„d private parties. I I r IN WITNESS WHEREOF, the parties have Caused this agreement to be.exocuted by their duly authorised, undersigned offioers. as of the day and year hereinafter written. This agreement was approved by the Oregon State Highway Com- mission on *-/e v. ,:0 1972 at which time the Secretary for . the Commission was authorised and dlrectedto sign said agreement for and on behalf of the Commission. Said authority is set forth in Vol ums States Hi —j'' Page Minute Rook of the Oregon ion. g wa omm es `- .etre arq APPROVED: Ase Stan to e HIghway 9n9ineer APPROVED AS TO FORM: ; unief UOun.eA CITY OF TIOARD, by and through its city officials 7-ayor ATTEST R. d s is f D .l DESCRIPTION ONLY A parcel of land lying in the NEh of Section 10, Township 2 South, Range , 1 West, H.H., 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 sA,',d 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 tilt renter li+:e of L't SOuthbo.:nd lane of the relocated Pacific Highway West w: cen,. ,ire is a..scritt,: in .•: :,l State of Oregon Deed; thence Southerly pnral; with :..; tent,. i1n. -o n ;_,t opposite Ga;;ineer's Station 149x50; tt:r: a ,erl• : . a stre,:•m.lino to .% ;,,int opposite and 3.05 feet -i Westerly of F.ng1n, .'s S,. :.:on 15'. .- on said cuntcr line; thence Southerly 1{! in a stra:;,ht lino :o tl:e orthwest < rner of that property described in that j deed to the State of Orego:. by and t!,rough its State 311ghway Co"Rission, recorded in Book 333, Page 446 of W.,••.ington County Recorc of Deeds. . � The parcel of I..::d to _:.ich this descripti-, applies contains 0.18acre, more or Less; outside of tilt cxistiny right of way. f 1 EXHIBIT "A"