Resolution No. 88-44 CITY OF TIGARD, OREGON
RESOLUTION N --
I�G�VLU�1'1VN rvv. otl--y�r
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF
STREET IMPROVEMENTS AND THE FULL USE AND ENJOYMENT BY THE PUBLIC
OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID
REAL PROPERTY.
WHEREAS, pursuant to Oregon Revised Statutes Chapters 223, 281
and 35, the City of Tigard is authorized to appropriate any
private real property and interests therein for any public use
for the general benefit and use of the people of the City,
including but not limited to rights-of-way and property adjoined
thereto: and
WHEREAS, by adoption of Ordinance No. 88-08, Ordinance No. 84--17,
and Resolution No. 84-14, incorporated by this reference, the
City Council has formed the Dartmouth Street Local Improvement
District (LID #40) and has directed the acquisition of land and
the construction of said street improvements pursuant to the
staff reports, final plans and specifications, and revised
preliminary engineer's report approved and adopted by Ordinance
No. 88-08 and incorporated herein by this reference; and
WHEREAS, for the health, safety, benefit and general welfare of
the public, the City of Tigard plans to construct the street
.improvements authorized by Ordinance No. 88-08, Ordinance No. 84-
if, and Resolution No. 84-i4, and to protect tiie full use unci
enjoyment by the public of such street improvements; and
WHEREAS, it appearing to the Gity Councji that the proposed
improvements are most compatible with the greatest public good
and the least private injury or damage;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City of Tigard does hereby find and declare
that there is needed and required for the
location, construction, operation, maintenance,
repair, and improvement of the LID #40 street
improvements, and for the protection of the
public's full use and enjoyment of said street
improvements, and to insure adequate public access
to and from said improvements, the real property
and interests therein more particularly set io th
and described in Exhibit A attached hereto and by
this reference incorporated herein.
RESOLUTION NO. 88-0l(Y
Page 1
Section 2. The locatinn, construction, operation, mainte-
nance, repair and imprUvem caai v= tiaE iiu 440
street improvements and real property adjoined
thereto for which the real property and the
interests therein described in cxl.Ibit
required are being taken as necessary in the
public interest and said street improvements and
property adjoined thereto have been planned,
designed, located and will be constructed in a
manner that will be most compatible with the
greatest public benefit and the least private
Injury or damage.
Section 3. The City of Tigard and its designees are hereby
authorized to attempt to agree with the owners and
other persons in interest in the real property and
interests dearrih a JFvh9hq +r a as to the
compensation to be paid for the appropriation of
the property , and in the event that no
satisfactory agreement can be reached, then the
attorneys for the City of Tigard are hereby
directed and authorized to commence and prosecute
to final determination such proceedings as may be
necessary to acquire the real property and the
interests therein and that upon the filing of such
proceeding, possession of real property and
interest therein may be taken immediately.
PASSED: Sy__ U'AJvx r0oJ5 _ vote of all Council members
present after being read by number and title only, this
sfi day of .:JLtr1� 1988.
City RAgbrder, City of Tigard
Pro Tex
APPROVED: This iso day
' o/t`fA �{ rl(J 1988.
�:J1 AL1
Tom Brian, Mayor
Approved as to form:
1 .
City Attornevis Office
Date: Ga�L /
RESOLUTron No. 88- �y
Page 2
EXHIBIT "A"
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
TAX LOT 1801 1S1 36 CD
PARCEL A
A oarcei of land in the Southwest 1/4 of Section 36. T.1S.. R. w.:
Willamette Heridtan, Washington County, Oregon, being a part of
that particular tract conveyed from Hugo F. and Helen M. MacKay to
Verne and Hazel E. Cotton by Deed recorded in Book 226, page 571
and also a part of that certain tract conveyed from Bernice E.
Dobbins to Cyrus R. and Ellah A, Knight by deed recorded in Book
288, page 53, both conveyences in Washington County Records of
Deeds and being more particularly described as follows;
Beginning at a point on the Southeasterly right-of-way line of
the Southwest Pacific Highway (O.S.H. 99W) that is N52'52'E,
along the said Southeasterly right of said line, a distance of
51.00 feet from the most Westerly corner of the said Knight
tvact, thence.NSZ'52�Z. continuing alou.g .......
Said th= =tert"
right-of-way line, a distance of 75.55 feet Ato ^a point of
intersection with the Southwesterly line of the said Cotton
tract; thence S28'58'40"E a distance of 245.28 feet to a point
on the South line of the said Knight tract: thence NR5•22'W a
distance of 56.74 feet to a point that is S85'22'E, 67.91 feet
from the Southwest corner of the said Knight tract; thence
N36'42*W a distance of 205.01 feet to the point of beginning.
The parcel contains a calculated area of 13,541 square feet, more
�r less.
786.14/191.68
i RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOTS 2100, 2000, 2002 ISI 36 CD
PARCEL C
pascal of lana+ lying --= - - 1/4 of Section 36, T.IS. ,
R.1W. , Willamette Meridian, Washington County, Oregon, arl a
portion of that particular tract described in Document No. 83-
014674 as Parcel II in conveyance to Homer G. Williams, described
as follows:
Beginning at a 3/4" iron pipe found marking the Northeast
corner of PALMER ACRES, a duly recorded plat; thence running
along the fourth course of said Parcel II in Document No. 83-
014674 in reverse, S83"38'32"E, 22.44 feet to a point in the
westerly line of the Dartmouth Street Extensions the TRUE POINT
OF BEGINNING; thence southerly along said westerly line on a
curve to the right having a radius of 465.00 feet, an arc
aista.ce of 3n1,4a feet (the chord of which bears S03142'11"E,
370.87 feet) to a point of reverse curvacur-2; i.-Zeiicz
southeasterly along a curve to the left, having a radius of
535.00 feet, an arc distance of 850.08 feet (the chord of which
bears S25"43'21"E, 763.43 feet to a point in line of course No.
2 of the above-referenced conveyance); thence along maid course
No. 2 S83'51155"E, 146.57 feet to a 1-1/2" iron pipe found at
the termination thereof; thence NOI'03142"E, 45.86 feet along
the third course to a point in the northerly line of the
Dartmouth Street Extension; thence along said northerly line,
N74101118"W, 106.67 feet to a point of curvature; thence
northwesterly along a curve to the right having a radius of
465.00 feet, an arc distance of 761.41 feet (the chord of which
bears N27'06'45"W, 679.22 feet) to a point of reverse
curvature; thence along a curve to the left having a radius of
535.00€eet, an arc distance of 393.64 feet (the chord of which
bears N01*16'53"W, 384.82 feet to a point in line of course No.
4 in said Document No. 83-014674; thence along said course No.
4, N83a38'32-W, 81.71 feet) to the TRUE POINT OF BEGINNING,
containing a calculated area of 90,562 square feet, more or
less.
Together with a second right-of-way for future street purposes
described as follows: _
Beginning at a point in the westerly line of the Dartmouth
Street Extension, which lies 415.46 feet southerly along the
arc of a 535.00 foot radius curve to the left, from the
beginning of the second course ,above; thence leaving the
westerly line of said Dartmouth Street Extension along a curve
to the right having a radius of 30.0 feet, an arc distance of
48.62 feet (the chord of which bears S17154'55"W, 43.47 feet)
to a point of reverse curvature; thence along a curve to the
left having a radius of 230.00 feet, an arc distance of 87.40
786.14/191.70
-1-
feet (the chord of which bears S53'27'36"W, 86.88 feet) to a
point in line of course No. 1 of Parcel II in the
above-referenced Document No. 83-014674; thence along
ound
said
course No. 1, S00°13152"W, 117.06 feet to a l' iron pipe
st th, termination thereof; thence along the second course
S83°51155"E, 31.06 feet to a paviuL 1 _,`,e:c^ :gttti,e.i j along a
.a:. _ mf 170feet. an Arg
distance ofn153.49rfee t (the chord of which bears N32'00'00"E,
148.33 feet) to a point of compound curvature; thence along a
curve to the right having a radius of 30.0 feet, an arc
distance of 42.64 feet (the chord of which bears 581"25'17"E,
39.14 feet) to a point in the westerly line of the Dartmouth
Street Extension; thence nerther2y along the westerly line
thereof on a curve to the right, having a radius of 535.0 feet,
an arc distance of 113.84 feet (the chord of which bears
N34°36142"W, 113.63 feet) to the POINT OF BEGINNING.
The above parcel contains a calculated area of 11,650 square feet,
more or less.
Basis of bearings for the above parcels is the Oregon State Plane
^.00rdinate System, North Zone.
786.14,/191.70
-2-
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 2500 1S1 36 DC
PARCEL D
�.+
..f the George Richardson donatioi. iai,d Claim
Fieiny a s:`._ _
45, T.1S., R.1W. Willamette Meridian, washingcon
and a portion of that particular tract described as Parcel V in
Document No. 83-014674 in conveyance to Homer G. Williams,
described as follows:
Beginning at a 1-1/2" iron pipe found in a fence corner marking
the termination of course No. 4 in deed book 495, page 98, and
the termination of course No. 2 in the a'oove-referenced
Document No. 83-014674; thence along course No. 3 in Parcel V
of said Document No. 83-014674 S89'20'42"E, 167.68 feet to a
point where the same is intersected by the northerly
right-of-way line of the Dartmouth Street Extension; thence
a eines sa_+d northerly right-of-way line N74'01'18"W, 173.52 feet
to a point in line of course go. 2 in Pa:-cei v of said Document
No. 83-014674; thence along said course No. 2 SO1'03'42"W,
45.86 feet to the POINT OF BEGINNING.
The above parcel contains a calculated area of 3,844 square feet,
more or less.
Basis of bearings is the Oregon State Plane Coordinate System,
North Zone-
786.14/191.71
one.786.14/191.71
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 101 2S1 1 BA
PARCEL E
a nrrcel ^f land lyina in 11A _-A tU= th-;QG
of Section 36, T.1S., R.1W., W111amel..te meridian, and the Northeast
1/4 and the dOrLnwest Z/4 Or section 1, T.2S., R.1W., Willar'.*Lc8
Meridian, Washington County, Ore7on, and a portion of that
particular tract described in deed book 495, page 99, described as
follows s
Beginning at a 5/8" iron rod found marking the termination of
course No. 1 in deed book 495, past 98, thence along said
course No. 1 in reverse S01'37'2B"W, 12.1U feet to a point in
the northerly right-of-way line of the Dartmouth Street
Extension, the TRUE POINT OF BEGINNING; thence S01'37'28"W,
72.25 feet along said course No. 1 in reverse to a point in the
southerly right-of-way line of the Dartmouth Street Extension.-
thence
xtension.thence along said southerly right-of-way line N74'01'18"W,
533.29 feet to a point of curvature; thence along a curve to
the right having a radius of 535.00 feet, an arc distance of
25.95 feet (the chord of which bears N72'37'55"W, 25.95 feet)
to a point where said right-of-way is intersected by course No.
5 in e!eed book 495, page 98, thence 583'51'55"E along course
No. 5 in reverse, 146.57 feet to a 1-1/2" O.D. iron pipe found
marking the termination of course No. 4 in deed book 49S, page
98; thence S89'20'42"E," 167.68 feet along course No. 4 in
reverse to a point where said course No. 4 intersects the
line of the Dartmouth Street Exten_e=on;
northerly right-o£^::a7 •n1.1R"E,
thence along said northerly right-of-way iine 374
235.18 feet, to the TRUE POINT OF BEGINNING.
The above parcel contains a calculated area of 26,714 square feet,
more or less.
Basis of bearings is the Oregon State Plane Coordinate System,
North Zone.
4
786.14/191.72
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOTE101 2S1 1 BA
p parcel of land lying in the Southwest 1/4 of section 36. T.15.,
,_.. cot r,
1t.3W.. Willamette Meridiarr, county. Oreqon, and a
-
portion of that particular tract describ+=d in Deed Book 495, Page
98, described as follows:
Beginning at a 5/8" iron rod found marking the termination of
Course No. 1 in Deed Book 495, page 98, the TRUE POINT OF
BEGINNING of the .herein described parcel; thence along said
Course No. 1 in reverse S01037'28"W, 12.10 feet to a point in
the northerly right-of-way line of the Dartmouth Street
Extension; thence along said northerly right-of-way line of the
Dartmouth Street Extension N74*01'18"W, 235.18 feet, to a poi.'+:
in line of Course No. 4 in Deed Book 495, Page 98; thence along
-aid Course too. %a in reverse S89'20'42"E, 214.89 feet to a 5/8"
iron rod found, thence 30"15'an"w, 50.47 feet to a 5/8" iron
rod found; thence S89°22'32"E, 13.10 feet to the TRUE POINT vc
BEGINNING.
The above parcel contains a calculated area of 6,428 square feet,
more or less.
n State Plane Coordinate
Basis of bearings is the OregoSystem,
North Zone.
{
786.14/191-84
RIGBT-OF-WAY DESCRIPTION
PORTION OF-TAX rLOT 100 2S1+1�BA
A parcel of land lying in the Southwest 1/4 of Section 36, T.1S.,
R.1W., Willamette Meridian, and the Northeast 1/4 of Section 1,
T.2S., R.1W., Willamette Meridian, Washington County, Oregon, and a
portion of that particular tract described in Document No.
81-042427, Washington County records, described as follows:
Beginning at a 5/8" iron rod found marking the termination of
course No. 1 in deed book 495, page 98, Washington County
records; thence along said course No. 1 in reverse S01'37128"W,
12.10 feet to a point in the northerly right-of-way line of the
DaL LwwuL11 L.1,G TRUE POINT OF r-EGI ENING j V aca
S74"01118"E along said northerly right-of-way line, 136.58 feet
to a point of curvature; thence along a curve to the left
having a radius of 465.00 feet, an arc distance of 117.99 feet
(the chord of which bears S81'17127"E, 117.67 feet) to a point
of tangency on the South line of Section 36, T.1S., R.1W.,
Willamette Meridian; thence S88°33137"E along the South line of
Section 36, 150.00 feet to a point in the westerly line of
Southwest 72nd Avenue; thence along said westerly line
S01043156"W, 0.38 feet to an angle point in said line; thence
still along said westerly line of Southwest 72s.d Avenue
501'00136"E, 69.69 feet to a point in the southerly line of the
Dart^^.uth Street Extension,, them- leaving the westerly line of
Southwest 72nd Avenue and along the southerly line of the
Dartmouth Street Extension NBS'®33137"W, 152.98 feet to a point
of curvature; thence along a curve to the right having a radius
of 535.00 feet, an arc distance of 135.75 feet (the chord of
which bears N81°17127"W, 135.39 feet) to a point of tangency;
thence N74001118"W, 118.67 feet to a point in line of course
No. 1 in deed book 495, page 98; thence along said course No. 1
N01'37128"E, 72.25 feet to the place of beginning.
The above parcel contains a calculated area of 28,422 square feet,
more or less.
Basis of bearings for the above parcel being the Oregon State_ Plane
Coordinate System, North Zone.
In addition thereto, an easement for the construction and maintenance of
embankment material on a 15-foot wide strip of land located south of and
€_ adjacent to the above described parcel.
786.14/191.73
-1-
® RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 100 2S1 1 BA
PARCEL F1
A parcel of lard lying in the Southwest 1/4 of Section 36, T.15.,
R.lA. , Willan:tta Meridi"n, W ar,%Lngton County, Oregon, and a
portion of that particular tract described in Document No.
81-042427, Washington County records, described as follows:
Beginning at a 5/8" iron rod found marking the termination of
course No. 1 in deed book 495, page 98, Washington County
records; thence along said course No. 1 in reverse SO1"37128*S4,
12.10 feet to a point in the northerly right-of-way line of the
varcmvui:i+ Street Exte nsien• tnoaga 974001118"E along said
:northerly right-of-way line, 136.58 feet to a point of
curvature; thence along a curve to the left having a radius of
465.00 feet, an arc distance of 117.99 feet (the chord of which
bears 581017127"E, 117.67 feet) to a point of tangency on the
South line of Section 36, T.lS., R.1W., Willamette Meridian;
thence S88033137"E along the South line of Section 36, 150.00
feet to a point in the westerly line of Southwest 72nd Avenue;
t thence along said westerly line of Southwest 72nd Avenue
NO1043'56"E, 66.96 feet; thence leaving the westerly line of
Southwest 72nd Avenue N39022'3k*W, 399.27 feet, to the TRUE
POINT OF BEGINNING.
The above parcel contains a caicuiaced area of 20,777 S--
more
_qmore or less.
Basis of bearings for the above parcel being the Oregon State Plane
Coordinate System, North Zone.
786.14/191.83
-1-
RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 100 2S1 1 AS
PARCEL G
A parcel of land in the Northeast 1/4 of Section 1, T.2S.. R.1W.,
Willamette Meridian., Washington C-ounty, Orecon. and a portion of
that particular tract of land described in a real estate contract
between Howard S. and Margaret A. Gass and Donald E. and Julia Gail
Pollock, as recorded in deed book 746, page 446, Washington County
records, described as follows:
The northerly 70.0 feet of said lot as described in deed book
746, page 446, containing 41,160 square feet, more or less, by
deed measurement exclusive of that portion lying within the 40
foot wide right-of-way of Southwest 72nd Avenue.
786.14/191.74
F RIGHT-OF-WAY DESCRIPTION
DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 7500 1S1 36 DD
PARCEL H
A portion of Lots "B" 19, 20, 21, and 22, Block 11, WEST PORTLAND
HEIGHTS, Washington County, Oregon, described as follows%
Beginning at the southwesterly corner of Lot "B", Block 11,
WEST PORTLAND HEIGHTS; thence along the westerly line thereof
NOl'42'34"E, 25.01 feet to a point on the northerly
right-of-way line of the Dartmouth Street Extenslon and the
South line of Section 36, T.lS., R.1W., Willamette Meridian;
thence along said northerly right-of-way line and section line
through Lots "B" 19, 20, 21, and 22 588'33'37"E, 121.24 feet to
a point in the easterly line of Lot 22; thence along said
easterly line 502`34'34"W, 27.56 feet to a 3/4" iron pipe found
at the southeasterly corner thereof; thence along the southerly
lines of Lots 22, 21, 20, 19, and "B" N87'21'26"W, 120.84 feet
to the FOim'.r OF BE4FIWNIG G.
The above parcel contains a calculated area of 3,181 square feet,
more or less.
Basis of bearings is the Oregon State Plane Coordinate System.
North Zone.
i
f
786.14/191.75
C
f_ RIGHT-OF-WAY DESCRIPTION
l DARTMOUTH STREET EXTENSION
PORTION OF TAX LOT 7600 1S1 36 DO
PARCEL J
A portion of Lots 23, 24, 25, and 26 in Block 11, WEST PORTLAND
HRTGHTS: Washington County, Oregon, described as follows:
Beginning at a 3/4" iron pipe found at the southwesterly corner
of Lot 23, Block 11, WEST PORTLAND HEIGHTS; thence running a-
long the westerly line the: eof N02034'34■E, 27.56 _F?Pf to a
pointe
vthe northerly right-of-way lire of the Dart-outh�
Street Extension and the South line of Section ^36, T.1S. ,
R.1W. , Willamette Meridian; thence along said northerly
right-of-way line and section line 5880353371E, 38.64 feet to a
point of curvature; thence leaving said section line and along
a curve to the left having a radius of 465.00 feet, an arc
distance of 61.64 feet (the chord of which bears N87"38'31"E,
61.60 feeti to a point in the easterly line of Lot 26, Block
11, WEST PORTLAND HEIGHTS; thence along said easceFly
Lot 26 S02034134"W, 33.74 feet to the southeasterly +corner
thereof; thence along the southerly line of Lots 26, 25, 24,
and 23, Block 11, WEST PORTLAND HEIGHTS, N87.21126'W, 100.00
feet to the POINT OF BEGINNING.
The above parcel contains a calculated area of 2,944 square feet,
more or less.
Basis of bearings is the Oregon State Plane Coordinate System,
North Zone.
786.14/191_76
k