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Resolution No. 89-63 CITY OF TIGARD, OREGON RESOLUTION NO. 89-4 3 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON PFAFFLE STREET AND THE; FULL USE AND ENJOY:SENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY. WHEREAS, pursuant to Oregon Revis<,d Statutes Chapters 223, 281, and 35, the City o£ 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, the South Metzger CIP Task Force and the Transportation Advisory Committee have recommended that Pfaffle E.rec[. be widened and sidewalk be construction along Pfaffle Street to improve safety for pedestrians and motorists; and WHEREAS, for the health, safety, benefit and general welfare of the public, the City of Tigard plans to construe-.h street improvements, including sidewalk improvements, along Pfaffle Street between Hall Boulevard and SW 78th Avenue and to protect the full use and enjoyment by the public of such stye-at improvements; and WHEREAS, it appearing to the City Council 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 Pfaffle Street, real property and interest therein more particularly set forth and described in Exhibit A attached hereto and by this reference incorporated herein. Section 2. The location, construction, operation maintenance, repair, and improvement of the Pfaffle Street improvements for which the real property and the interests therein described in Exhibit A are required area being taken as necessary in the public interest and said street improvements have been planned, designed, located, and will be constructed ire a manner that will be most compatible with the greatest public benefit in the least private injury or damage. r RESOLUTION NO. 84- Page 1 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 described in Exhibit 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, FxIssession of real property and interest therein may be taken immediately. PASSED: By _L'/) 'i"?;'-hU/e's vote of all Council members present after being read by number and title only, this 14' yi day of L'...r�� , 1989. City Recorder, City of `.'Igard APPROVED. Thia :��l f� day of 1989. 4c-.L Fresiden City of Tigard di/PFAFFLE.RES RESOLUTION HO. Page 2 EXHIBIT "A" Page 1 TIGOOI JAY ROBERT GROSHART AND BETTY R. GROSHART 8465 S.W. PFAFFLE STREET TIGARD, OREGON 97223 DOCUMENT NO. 78-55276 WASHINGTON COUNTY BOOK OF RECORDS 1S 1 36CB TAX LOT NO. 900 PARCEL I A portion of that real property situated in the Southwest one- quarter of Section 36, Township I South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, described in deed to :Jay Robert Groshart and Betty R. Groshart, recorded on Document No. 78-55276, Washington County Book of Records, said real property being more fully described as follows: Beginning at the northwest corner of the Geo. Richardson Donation Land Claim No. 55 in Scction 36, Township 1 South, Range 1 West Willamette Meridian, Washington County, Oregon; and running thence along the west line of said claim South 0'11' West 1342.96 feet.to a point on the north Line of Pfaff le Road (County Road No. 975) ; thence following the north line of said road, South 88'501 East 79.28 feet to an iron rod which is the true place of beginning of the hereaft-4..r described tract; Thence from said true place of beginning, running parallel to the West line of Richardson Donation Land Claim North 0111' East 200.0 feet to a point; thence running parallel to the north line of Pfaffle Road, South 88'50' East 79.28 feet to a point on the west line of that certain tract of land conveyed to Truman G. and Ruth H. Cowley County, bDeeed recorded on Page 21 of Book 310, Washingt Deed Records; thence following the west line of the Cowley land, running South 0^11' West 200.0 feet to a point on the north line of Pfaff le Road; thence running North 88*50' West 79.28 feet to the true place of beginning. Said PARCEL I being that portion of the above described real property lying southerly of a line which is parallel with and 30.00 feet northerly of, when measured at right angles to, the centerline of S_W_ Pfaffle Road (County Road # 975) . The parcel of land to which this description applies contains 396 square feet, more or less, outside the existing right-of-way. { fl5(:I\FFAs.tiLH�t�t ret'.?T.A�\C!<>.23\!)i(.Ap(:4R,.❑'.i,.; (tFFI( SS SYFE(Alti_t::;tilSt\C T.'S 3SD CAt.if�'k'" 28_'S ti X% U7RBM AN EM L PORTL\SD.URiGtrS 9'�Sel sB�:� Exhibit Map EXHIBIT "A" 300 SW I/4 OF SECnON 36 TIS Ri W W.&L Page 2 .61,4c. 3560 3400 400 .%Ac. 3300 500 700 loco f4 Ac. 2.43Ac. 324 Ac. 3200 Goo 700 z6 Ac. ."Ac. 3100 890 1636AC� — --- � ..36Ac -30061 3 Ac- 900 .33 DESCRIBED AREA 29®0 SSP Pfaffie St. l loo 1000 t_I Ac, .25Ac. 400 300 200 82 Ac. I2SAc 2.55Ac. 1300 IOAa \\ NORTH! SCALE: V'=IOW e EXHIBIT "A" Page 3 TIG001 TRUMAN G. COWLEY AND RUTH H. COWLEY 8395 S.W. PFAFFLE STREET TIGARD, OREGON 97223 BOOK 310, PAGE 22- WASHINGTON 1WASHINGTON COUNTY DEET? RECORDS IS 1 3 6CB TAX LOT NO- 1000 PARCEL I A portion of that real prOP6xty situated in the Southwest one`" ,-ter of Section 36. Townsnip 1 South, Range 1 West of the -_ Willamette Meridian, City of Tigard, Washington County, Oregon, described in deed to Truman G. Cowley and Ruth H. Cowley, recorded in Book 310, Page 21, Washington County Deed Records, said real property being more fully described as follows: Beginning at a paint which is 274.72 feet south and 2-40 1/4 chains east of the northwest cornea' of the Geo. Richardson Donation Land Claim No..s 38 and 55 Township 1 and 2 South of Range 1 West of the Willamette Meridian; thence south 881561 East along the south line of a one acre tract described in deed book 169, page 209; records of Washington County, Oregon, 158.26 feet to the southeast corner of said tract; thence south to the north line of the County Road; 1--hence West along the north line of the County Road 158.26 feet to the west line of a 6 1/2 acre tract described in deed Book 114, page 23, records of Washington County, Oregon;-thence north along the west line of said 6 1/2 acre tract to the southwest corner of the one acre tract above referred to and the place of beginning_ Said PARCEL I being that portion of the above described real property lying southerly of a line which is parallel with and 30.00 feet northerly of, when measured at right angles to, the centerline of S.W. Pfaffle Road (County Road 1 975). The parcel of land to which this description applies contains 791 square feet, more or less, outside the existing right-of-way. s I €-4t�ilFtfb_V RxrFOR�.P13NN•r R`1a\I+.r,01 a.4191'.; nFfl(-E�1ti pRKg)ti.)[3}}11VG?f�\ fit? '.t IF"R>:q 2S2 •.0 (ORRE1TANINLE PCFRR X111.<)FECit)ti�?bF 1N 3•) Exhibit Map EXHIBIT "A" Page 9 300 5W 1/4 OF SECTION 38 TIS R1W W,y, 3500 3400 400 3300 500 700 1000 _44Ac_ 2.43Ac- 3.24 Ac. 3200 6C 700 _�6 Ac. .55 Ac. 3100 890 900 .3b Ac. 0.36Ac. 3000 E3? 800 900 DESCMBED .39 Ac- .42AcAREA - \ 2900 sw Pfaffle St. A 1100 1000 ./3 c- -23Ac. 400 300 200 -82Ac- 125Ac 2.55Ac- ht 1300 TH NQ SCALE: 1-==lOq' EXHIBIT "A" Page 5 TIG001 3'OEL H. ADAMS AND AMY ADAMS 8175 S.W. PFAFFLE STREET TIGARD, OREGON 97223 DOCUMENT No. 78-20788 WASHINGTON COUNTY BOOKOF RECORDS BILLY 3. ADAMS AND ELIZABETH S. ADAMS (TRUSTEES OF -rHE ADAMS 'TRUST) 66 BEACHWOOD DRIVE OAKI.7kgn; r-A.LIFORNIA 94618 DOCUMENT NO. 88-44765 WASHINGTON COUNTY c" - BOOK OF RECORDS �- 1Sl 36CB TAA LOT NO. 2000 'PARCEL I A portion of Lot 1, RANCH VALLEY, a1 duly recorded subdivision in Book 16, page 8, Washington County Plat Records, locatedRin the southwest one-quarter of Section 36, Township 1 South, g West of the Willamette Meridian, City of Tigard, Washington County, Oregon, said portion being more fully described as follows: Beginning at the southwest corner at said Lot 1, RANCH VALLEY; thence South 88'50'00" East, along the South line of said Lot 1, a distance of 140.02 feet to the southeast corner of said Lot 1; thence North 00'11'00" East, along the east line of said Lot I a distance of 5.00 feet to a point which lies 30.00 feet northerly of, when measured at rightr y angles to, he centerline 88 50 00"f WS.W- pfaffle Road (County Road 9.5) ; t parallel with the centerline of S.W. Pfaffle Road, 119.02 feet; thence North 44'19148" West, 29.95 feet to the west line of said Lot 1; thence South 00'11'00" West, along the west lini ng- The said Lot 1, a distance of 26.00 feet to the point of beg n The parcel of land to which this description applies contains 921 square feet, more or less. Bearings of this description are based on the plat of' RANCH VALLEY. ENONLL.kI.::!KS L-) NLS!'Lk.\AEP1.1X'1)—.A*1:iHC III C!.'i, utH(_1:S 1%UHN.US.tXv4ii\6"11')N L\BS 3EIH)k-MA POA!L4\U.CiRF.ON v-201-4810 Exhibit Map EXHIBIT "A^ r2oo 1 5900 SW//4 OF SECTION 36 TIS RIW WAL 0 _ra 3400 � i600 2400 710o 6000 c d 3300 1-7 0 <C 2300 TOOO X100 32oo E 6900 CIO woo 8800 2200 -tooco eV 5300 -- -- -5000 tmoo ztoo 6700 6400 600 2900 6600 !! 2000 U) s' Sw Pfaft9e St. 200 too 1000 2 SSAc. 756Ac. DESCRIBED /94 Ac A€EA �l -N- N; TH liCAl F- t'•c IM• r 1 EXHIBIT "A" Page 7 TIGOOI LEONARD A. LOOS AND HELEN A. LOOS 7935 S.W. PFAFFLE STREET TIGARD, OREGON 97223 BBOOX 442, PAGE 88 WASHINGTON COUNTY REED RECOIRDS 1S 1 36CA TAX WT NO. 3300 PARC9M I A portion of Lot 14, FRIENDLY ACRES, a duly recorded subdivision in Book 13, Page 11, Washington County Plat Records, located in the southwest one-quarter of Section 36, Township 1 South, Range 1 Wert of the Willamette Meridian, City of Tigard, Washington County, Oregon, said portion being more fully described as follows: Beginning at the southeast corner of said Lot 14, FRIENDLY ACRES; thence Horth 88*52100" West, along the south line of said Lot 14, a distance of 135.38 feet to the southwest corner of. said Lot 3.4; thence North 00117100" East, along the west Zine of said Lot 14, a distance of 5.00 feet to a point which lies 30_+00 feet northerly of, when measured at right angles to, the centerline of S.W. Pfaffle Road (County Road 1975) ; thence Sovith 88"52'001' East, parallel with the centerline of S.W. Pfaffle Road, 114.38 feet; thence North 45*421441' East, 29.48 feet to thei east line of said. Lot 14; thence South 00*171001, West, along the east line of said Lot 14, a distance of 26.00 feet to the point of beginning. The parcel of land to which this description applies contains 897 square feet, more or less. Bearings of this description are based on the plat of FRIENDLY ACRES. !..':SS3\[Rnn.l A�tl'OK.VI_'.':♦tBS.i_:Sd biP1 �.. ,. - U7731.I:S;:i)ft}.t.!sy.\i.i-Heli"<i.1!s♦i]!l t 1!If-:,.,'.!� . Exhibit Map EXHIBIT "A" 9100 SW 1/A OF SECTION 36 TIS R1W W.6L Page 8 3900 5201 r11A. 9200 3100 24 AL.0 3d00 40 1 5'SOU °9300 .3200 .44AC 3700 2,A 1 1 !t — .23 Ac 15,402 ti 3600 /7A.. 9500 12 00 330! f7Ac. 23 Ac. ?500 i 3500 ! zaoo 1300 .37Ac. 3300 � 5400 .32 ac. .49 Ac. DESCMBED 'AREA SW Pfaffle St. Goo 500 n 401 - --- 102 .34 Ac. 300 200 i t .74Ac. .&7Ac. 100 47Ac. 402 .57Ac- 1300 31 Ac. 4000 9100 194 Ac. -7Z Ac- % l�aG NORTH EXHIBIT "A" Page 9 TIGO01 CART H. PATTON AND SHIRLEY A. PATTON 19135 RED WXNG COURT LAKE OSWEGO, OREGON 9?034 DOCUMENT NO. 86-55150 WASHINGTON COUNTY BOOK OF RECORDS 1S 1. 36CA TAX IAT 5400 gARCBL _I A portion of that real property situated in the Southwest one- quarter of Section 36, 'Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, described as Exhibit All in deed to Carl H. Patton and Shirley A. Patton, recorded on Document No. 86-55150, Washington County Book of Records, said real property being more fully described as follows: That portion of the southwest quarter of Section 36, Township 1 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: COMMENCING at an iron pipe located at the Northeast gob corner of that tract conveyed to Joseph nonthe `is ye recorded in Book 66, page 479, which p North line of the George Richardson Donation Land Claim No. 55; thence South 00 degrees 17100" West 1108.09 feet to the true point of beginning; thence South 88 degrees 58100" East 150.00 feet to the Westerly line of that tract conveyed to L.itle Homes Corporation by Deed, recorded June 21, 1946, in Book 261, Washington County Deed Records; thence South 00 degrees 17400" West along said Westerly line 240.72 feet to an iron pipe; said pipe marking the Northerly right of way line of P£affle Road; thence along said Northerly right of way line North 88 degrees 58100" West 150 feet to an iron pipe; thence North 00 degrees 17100" East. 240_72 feet to the true point of beginning. EXCEPTING THEREFROM the Northerly 100 feet of even width. Said PARCEL. I being that portion of the above described real property lying southerly of the following described line: Beginning at a point on the west line 6f the above described real property which lies 30.00 feet northerly of, when measured at right angles to, the centerline of S.W. Pfaffle Road; thence ANA IN(-, F:S,CEiiiL.j(M Eli RI.NAN"ER>.L4\;iu_t.ri :,,I i;,i l tEi 3t:S ti E\ORtc,U\.'I A'.;W'6 To�\A"O t:A,!F OR`-i� 2828,.ii (ORBM 4\'E.\i'E. PORTLAND.0REGO" 2011 8M) i EXHIBIT "A" Page 10 TIG001 PATTON Page. 2 of 2 South 88`58100Y0 Bast, parallel with the centerline of S.W. Pfaffle Road., 129.00 feet; thence North 4513914111 Bast, 29.50 feet to the east line of the above described real property, being the west right-of-way line of S.W. 78th Avenue and point of terminus. The parcel of land to which this description applies contains 970 square feet, more or less. Bearing of this description are based on Document No. 86-55150, Washington County Book of Records. IM11)1:\AN1 N)a.S',tx:'!51E:S.Ut:. moo Exhibit Map EXHIBIT "A" 11 01 9100 SW 9/4 OF SECTION 36 TIS R1W W.W1. Page D 3900 5201 9200 3104 0 .24 Ac. 4) 230Ac 4D 3800 0 93003200 B 300 1000 .44 Ac- z3 Ac_ 3700 �94C.+0 � � 1 I0 O -- ® i 23 Ac. W �60a 402 sc .51 9500 3301 5401 !x oo r?lox. .23 Ac- I 00 Z800 3500 ®ESUBBE 5 co AREA r1300 aaAc. 3300 5400 32 A-- 57 1 S'i`d Pfaff9 a St. Goo Soo 401 .54Ac. 1.04Ac. 14 Ac- 300 200 102 .74Ac. .&7Ac. .69Ac. 100 y ` c- 402 47A \\ � .S7Ac. ✓. 1300 .3/Ac. 10t7G 1106 -1!'- /94 Ac. yy-72 Ac- co NORTH j