Resolution No. 84-37 Ident #9/Gage
CITY OF TIGARD, OREGON
RESOLUTION NO. 84- 37
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF CERTAIN
RIGHTS-OF-WAY AND EASEMENTS FOR 72nd AVENUE AREA LOCAL IMPROVEMENT DISTRICT,
DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSATION: THEREFORE
AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF-WAY.
WHEREAS, the above-entitled matter came on before the Council of the
City of Tigard, at its regular meeting of May 14, 1984; and
WHEREAS, it appearing to the Council that an improvement project has
been approved for 72nd Avenue Local Improvement District which provides for
the improvement of '72nd Avenue; and
WHEREAS, it appearing to the Council that the City Council has
authority under ORS Chapter 35 to acquire rights-of--way and easements
therefrom by purchase, condemnation proceedings or any other means; and
WHEREAS, it appearing to the Council that it is consistent with the
powers and purposes of city government, and necessary for the continued
growth, safety and welfare of the comman4ty, that 72nd Avenue be improved and
that the rights-of-way and easements he-ceinafter described be acquired; and
WHEREAS, it appearing to the Council that the proposed improvement
of 72nd Avenue is most compatible with the greatest public good and causes the
least private injury;
NOW, THEREFORE,
BE IT RESOLVED BY the City of Tigard, as follows:
I. That it is necessary for the preservation of the public health,
safety and welfare of the City of Tigard and that the City, in connection with
the improvement of 72nd Avenue, exercise its power of eminent domain, if
required, by requiring the below-described rights-of-way and easements for
said improvements.
2. That the governing body of the City of T;gard does hereby find
and determine that the immediate acquisition by condemnation, if necessary, of
the following described rights-of-way and easements will provide for the
improvement of 72nd Avenue in a manner which would be most compatible with the
greatest public good and the least private injury, said rights-of-way and
easements being described in Exhibit "A", "B", and "C" attached hereto and
incorporated herein.
Page
RESOLUTION NO. 84- 37
3. That the staff of the Public Works Department shall attempt to
agree with the owners of the properties upon which the described rights-of-way
are situated with respect to the compensation to be paid therefor, and the
damages, if any, for the taking thereof, and should the Public Works staff and
the owners be unable to agree, then the City Attorney for the City shall be,
and hereby is, authorized and directed to institute all necessary proceedings
for the immediate condemnation of the above-described rights-of-way and
necessary easements and may take the necessary steps for immediate possession
of the said rights-of-way and easements.
PASSED on this day of ,i_�, 1984.
Mayor pro tem - City of Tigard
ATTEST:
`
Deputy City Recorder - City of Tigard
(br/1538A)
Page 2
RESOLUTION N0. 84- 37
Right-of-Way Acquisition Description Exhibit "A"
Ident. No. 9 Page 1 of 3
Two parcels of land in the S.W. 1/4 of the S.E. 1/4 of Section I. T2S, R1W.
W.M., the City of Tigard. Washington County. Oregon. more particularly
described as follows-
Parcel 1 - Being that portion of the tract of land described in Fee
No. 78-11085 (Quit Claim Deed) of the Washington County. Oregon,
records, (T.L. 500, Map 2S-1-1DC) which falls between a center line
and a line 25 feet westerly at right angles and parallel to said
center line. said center line being described as follows:
Beginning at a stone in a monument box at the easterly S.E. corner
of the W.W. Graham D.L.C.; thence N 0053'23" E, 3850.61 feet to a
2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C., also
being the Initial Point of the plat of "Hermosa Park" at the end of
said center line.
Parcel 2 - Being that portion of the tract of land described in Fee
No. 78-11085 (Quit Claim Deed) of the Washington County, Oregon, records
(T.L. 500. Map 2S-1-IDC) which falls within the following described
parcel:
Beginning at the intersection of the westerly right-of-tray of
S.W. 72nd Avenue (County Road 472) (an existing 40-foot wide
right-of-way) and the southerly right-of-way of S.W. Cherry Drive
(an existing dedicated 40-foot wide right-of-way); thence
southerly along the westerly right-of-way of S.W. 72nd Avenue,
15.00 feet, more or less, to a point that is westerly 20.00
feet at right angles to the center Tine of said S.W. 72nd
Avenue; thence uresterly at right angles to the center line of
S.W. 72nd Avenue, 5.00 feet to a point of curve; thence north-
westerly along a 15.00-foot radius curve to the left (the radius.
point of said 15.00-foot radius curve lies 40.00 feet westerly at
t
right angles o the center line of said S.W. 72nd Avenue and 35.00
feet southerly at right angles to the center line of said S.W.
t
Right-of-Way Acquisition Description
[dent. No. 9 Exhibit "A"
Page 2 of 3
Cherry Drive), through a central angle of 0000', more or less,
23.6 feet, more or less to a Point on the south line of S.W.
Cherry Drive that is southerly 20.L�
_ feel at right angles to the
center line of said S.W. Cherry Drive; thence easterly
the south line of said S.W. Cherry along
Drive, 2C.0 feet, more or
less, to the Point of Beginning.
12/10/82
80.194.118
06�
9
%Utilities Easement Description Exhibit (;
Ident No. 9 Page I of 3
A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T2S..
R1W.. W.M., the City of Tigard, Washington County. Oregon, more parti-
cularly described as follows:
Being that portion of the tract of land described in Fee No.
78-11085 (Quit Claim Deed) of the Washington County, Oregon.
records (T.L. 500, Map 25-1-1DC) more particularly described as
follows:
Beginning at a Point on the south right-of-way of S_W.
Cherry Drive (an existing 40 foot wide right-of-way) said
Point of Beginning is northerly at right angles to the center
line of said S.W. Cherry Drive 15.00 feet from a radius point
that is southerly 35.00 feet at right angles from the center
line of S_W_ Cherry Drive and 40 feet at right angles to the
center line of S.W. 72nd ".venue; thence Southeasterly along
a 15-foot radius curve to the right (the radius point of said
l 15-foot radius curve is as described above) 23.6 feet more or
less to a point of tangency that is 25 feet at right angles
to the center line of said S.W. 72nd Avenue; thence S 0053'23" W
along a line that is westerly 25.00 feet at right aneles and
parallel to the center line of said S.W. 72nd Avenue 77 feet
more or less to the south line of that tract of land described
in said Fee No. 78-11085; thence Westerly along the south line
of that tract of land described in said Fee No_ 78-11085, 15
feet more or less, to a point that is westerly 40.00 feet at
right angles to the center line of said S.W. 72nd Avenue;
thence N 0053'23" E along a line that is 40 feet westerly at
right angles and parallel to the center line of said S.W.
72nd Avenue 82 feet more or less to a beginning of curve.
said beginning of curve point is easterly at right angles to the
center line of said S_W_ 72nd Avenue from a radius point
(10 foot radius curve). that is westerly 40 feet at right_
Utilities Easement Description Exhibit Q
ldent. No. 9 Page 2 of 3
angles from the center line of said S.W. 72nd Avenue and
southerly 30 feet at right angles from the center line of
5.11. Cherry Drive; thence Northwesterly along a 10-foot
radius curve to the left (the radius point of said 10-foot
radius curve is as described above) 15.7 feet more or less
to a point of tangency also being the Point of Beginning.
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12/10/82
80.194.118
' 2" Iron P1pe at the N.E. Corner of
/• the W.W. Graham D.L.L. Also the
` Initial Point of the Plat of
"HERMOSA PARK"
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PARCEL 2
o S.W. CHERRY DRIVE 1
(See Plat of Rolling Hills No. 2) I
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Assessment Ident- No. 9
Tax Lot No. 500 E
Tax Map No. 2S-I-IDC f M
Owner: Robert R. Gage
Deed Ref.: Fee No. 78-11085 ' 1.— --s
Additional Right-of-Way Contains ' 25' 30'
483%Square Feet more or less Ef:30'
S.W. SANOBURG STREET
I PARCEL 1 c
Right of Way Curve Data. -�
0 Z� = 90000 ±
Radius = 15.00
Arc = 23.6
Tangent = 15.0 _ o
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Stone in Monument Box at the I Additional Right-of-Way �
Easterly S.E. Corner of the 1
W.W. Graham D.L.C. X
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DoHAAS&ASSOCIATES INC. g
a RIGHT OF WAY ACQUISITION MAP
CONSULTING ENGINEERS S SURVEYORS LID NO. 21
CITY OF TIGARD, OREGON -
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Ea,ua.: � Pau'• i ui +
r 2" Iron Pipe a, he H.E. Corner of
the W.11. Graham D.L.C. Also the
i� Initial Point of the Plat of
"HERMOSA PARE" _
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Date:
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271�i7b�—
S.W..W, CHERRY DRIVE
See Plat of Rolling Hills No. 2)
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Assessment Ident. No, 9
Tax Lot No. 500 E
Tax Map No. 2S-! IDC lOwner* Robert R. Gage
Lieed Ref.: Fee No. 76-21065 ''
lities Easement Contains 25'
iSquare Feet more or less 30'
30'
S.W. SANDDURG STREET
1
Easement Curve Data
= 90000 ±
Radius 15.00 _
Arc = 23.6 ±
Tangent 15.0 ± o '
m 1 �
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Stone in Monument Dox at the I l Utilities Easement
EasLe r?y S.E. Corner of the _ Area
N.W. Graham D.L.G.
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0-HAAS&ASSOCIATES,IIVC. UTILITIES EASEMENT NAP
CONSULTING ENGLVEEAS R SunvC-YOFiS LID NO. 21
s......a..cc c—.. Foal caa.x.w ' CITY OF TIGARD. OREG011
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Construction Fascnient Description
Ident No. 9
A parcel of land in the S.U. 1/4 of the S.E. 1/4 of Section 1, 125. R1W,
W.14., the City of Tigard. Washington County. Oregon, more particularly
described as follows:
Being that portion of the tract'of land described in Fee No.
78-11085 (Quit Claim Deed) of the Dlashington County, Oregon.
records (T.L. 500. Map 25-1-1DC) which falls between a line 30
feet westerly at right angles and parallel to a center line and
a line 40 feet westerly at right angles and parallel to said center
line, said center line being described as follows:
Beginning at a stone in a monument box at the easterly
S.E_ corner of the W.W. Graham D.L_C.; thence N Oo53-23" E.
3850_61 feet to a 2-inch iron pipe at the N.E. corner of
the W.W_ Graham D.L.C. , also being the Initial Point of the
plat of "Hermosa Park" at the end of said center line.
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Etmo,rr C. 'P^— cF x
2" Iron i'i pc at The tl.I.. Cerner of
the W.14. Gr'._':ir D.L.r, Al%o ILC
z Initial .^,pini of t%-� flet of
OSA PARK"
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Scale• 1"=50' _., � .-
Date: 12/10/82T
0
S.W. CHERRY DRIVE
(See Plat of Rolling bills No. 2) i
Assessment ident. No. 9 2
Tax Lot No: 500
Tax Map No. 2S-1-IDC - E
Owner: Robert R. Gage o 0
Deed Ref.: Fee No_ 78-11085 - t
C'ons�irsce5c��gsvn�•�7L
30'
-- S.W. SAIiDt3URG STREET
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Right of Way Curve Data
AN d = 90000 ± -
Radius = 15.00
Arc = 23.6 ± o I
Tangent = 15.0 ± o
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{ Construction
�., C3 Easement
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