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Resolution No. 92-21 own= CITY OF TIGARD, OREGON RESOLUTION NO. 92--?) A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W.109th AVENUE 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 Chapter 223, 281, and 35, the City of Tigard is authorized to appropriate any private real property and interest 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 Tigard Comprehensive Plan Transportation Map allows for the extension and realignment of S.W.109thAvenue south of S.W. Sattler Street to Pacific Highway at Royalty Parkway; nd WHEREAS, for the health, safety, benefit, and general welfare of the public,` the City of Tigard plans to construct the S.W.109th Avenue extension between S.W.Naeve Street and Pacific Highway, and to protect the full use and enjoyment by the public of such street 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 the S.W. 109th Avenue extension, real property and interest therein more particular 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 S.W. 109th Avenue extension improvement project for which the real property and the interests therein described in Exhibit A are required are being taken as necessary in the public interest and said street improvements have been planned, designed, located, and will be �4 constructed in a manner that will be most compatible with the greatest public benefit in the least private injur_Y 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 described in Exhibit P 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. APPROVED: Byvote of Council on the 12th day of May , 1992. ayor /- ty £ Tigard �c<�h GUS City Recorder - City of Tigard ga/res-109.row RESOLUTION NO. 92- '21 Page No. 2 EXHIBIT "A" Page 1 of 8 STREET DEDICATION TAX LOT 400 Being a portion of Lot 10, Willowbrook Farm, located in Section 10, Township 2 South, Range 1 Went, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the Northwest corner of the Plat of Fountains at Summerfield Condominium Phase 18; Thence N 00'28'38" W 11.22 feet to the true point of beginning; Thence S 63'55.03' W 98.31 feet to the beginning of a 170.00 foot radius curve to the left having a central angle of 60'51'14" (chord of which bears S 33'29'26" W 172.19 feet) ; Thence along said curve 180.56 feet; Thence S 03'03'49" W 116.43 feet to the beginning of a 195.00 foot radius curve to the right, having a central angle of 06'43'53" (chord of which bears S 06'25'44" W 22.90 feet); Thence along said curve 22.91 feet to a point on the south line of parcel I2 as described in a deed to Robert Luton Recorded August 28, 1979, fee No. 79034955, Deed Records Washington County; Thence along said south line S 89'27 '17" W 5.41 feet to the southwest corner of said Luton tract; Thence N 00'48'01" W along the west line of said Luton tract 263.04 feet to the beginning of a 230.00 foot radius curve to the right having a central angle of 28'34'47" (chord of which bears N 49'37'40" E 113.54 feet) ; Thence leaving said west line and along said curve 114.73 feet; Thence N 63'55103" E 52.44 feet to a point on the southerly right-of-way (401R.O.W.) of S.W. Naeve Street (County Road No.900); Thence along said southerly right-of-way S 63'28'49" E 75.46 feet to the true point of beginning. Containing 15,388 Square feet. s L=WE N.W. 1/4 S.E. 1/4 XHIBIT "A" Page 2 of s SECTION 10 T2S R1 W W.M. CITY OF TIGAR© WASHINGTON COUNTY OREGON T.L. 400 N892527'E 4y a. 289.75' J ' 3 p=2874.47• R-230.00' g T=58.58' CH BRG-N49'37'40'E m Ne}�S�`••- �s 4d., iD CH D. a 113S4' L0 N8927'17'E uj 295.02' p=17'41'58' 1,257. s4. ft. 5388' sq. J R=230.00' :.935 avast: 1-- T a 35.81' 0'0 acres N0028'38'W L=71.05' _ 11.22 CB=N2679'17'E CD %0.77' p=8051'14' 170.00' 3 T-99.85' n ND927'17'E L-180.56' 28&24' 32.45 'm CHER53,329'26'W G- n N Q 14'34'29' CH 0•- 17219' i x R 230.00' A; T 29.41' L 58. ' > CS N1051K1'03'E EXHIBIT A. C CD m 58.35' 0.21 acres r T.L. 400 N89'27'17'E,__ p=06'43'53' -- —.• --302.54' 1L4T J p e i1K5'02' ,y L m 2291' 1 t T=13.5035.00' e ri S irl` CH ERG 50625'44'W '56'06' L 26.90'= o n A: 1 SCH D.- 22.90' R 320.00 C8-NO '20'E N L m 105.75 CO=28.95' 2 CB S81 V 4'40'E S89-17'W CD g 105.27 N8927'17'E 56.04' 4 325.50' 51.45 N8927*17'E 200.22 A=7438'28' O O R=135.00' 0 T-103.54' f} L-178.85' 0 O } CB=N5138'04 CD 164.32' !'O m CC O I p=7939'36' 2 27,554. sq. ft. R.195.00' i O O 0 0.63 acres i+27?s' 3� CB= 4937'29 2 'E CD=249.80' 00 c�6� 1856'06' a� R= 380.00 3 L: 125.58 CB =S81 V4'40"E CD a 125.01 T L '00 EXHIBIT "A" Page 3 of 8 A STREET DEDICATION TAX LOT 500 Being a portion of Lot 10, Willowbrook Farm, located in Section 10, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the Southeast corner of Parcel I as described in a deed to Kasch's Garden Centers & Nurseries, Inc., Recorded October 2, 1989, fee No. 89-47454; Thence S 89'27117" w 32.45 feet to the beginning of a 230.00 foot radius curve to the right, having a central angle of 17'41.58" (chord of which bears N 26'2917' E 70.77 feet; Thence along said curve 71.05 feet to a point on the east line of said Parcel I; Thence along said east line S 00'48.01" E 63.04 feet to the point of beginning. Containing 1,151 square f?et. k Ell EXHIBIT "A" Page 4 of 8 N.W. 1/4 S.E. 1/4 SECTION 10 T2S R1 W W.M. CITY OF TIGARD WASHINGTON COUNTY OREGON j T.L 400 s � N _ N8925'2YE f``eA4y�S c 289.75• s' &- 28'34'47' R- 230.00' T= 5&58' O CH BRC.73 N4977'40'E qr C) CH D.a 113.54' S 3 N892717'Ecd s Sl J 29602 = 1 741'58' R 1,151. sq. ft. 15,368. sp,ft. 563 y50 R m 230.00' 35 ncres F- T= 35.87' •0 ncres 0. N0028'38-W L=71.05' 11.22 CB- N2629'17'E CD- 70.77' &-80'51,14' r'- R=170.00' Lam :y.o T=99.85' N89271TE L 180.56' 1. m 288.24' 3245 .a CH BRC-53329'26'W = 1474'29' CH D.-17219' ck. R - 230.00' T- 29.41' L- 58.51' CD C8 =N1021'0:3'E 9.206. s ft. EXHIBIT 'A' CD 58.35 0.21 n�e� T.L 400 N892T1?'E_ =08.43'53' �-30254' p46.61' R-195.00' ' J d=1125'02' - T-11.47' 1- R=135.0D' L m 2291' a 1856'06' T^13.50' w�h a CH BRC-S06'25'44'W R - 320.00 L=26.90' o n CH D.-2290' L- 105.75 C9 N08'46'20'E h CB= 58104.40'E cud 26.86' i CD a 105.27 N8927't 7'E 58927.17'W 56.04' 5.41 Q 325.50' 61.45' N8927'17'E 200.22 &=74'58'26' O e R- 135.00' T=103.54' L 176.85' CB =N51'Se'04 h• O CD 164.32' 27.554. sq, ft. R R 195.00'5-00' p O O 0.63 ncres T= 162.64' �L o 211.11' O -1 5o hy"N CB-N49'37.29'E e O g6R~ CD-249.80' _ i U D= 1856'06' R = 38000 C=125.158 B -S81'04.40'E qe CD 125.01 - T.L. 700 EXHIBIT "A" Page 5 of 8 STREET DEDICATION T-AX LOT 600 ` I Being a portion of Lot 10, Willowbrook Farm, located in Section 10, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the Northeast corner of Tract #4 as described in a deed to Eugene and Faith Roemer Recorded June 17,1982, fee No. 88- 16850; Thence S 00'48'01" E 200.00 feet to the Southeast corner of Tract #3 as recorded in said fee No. 88--16850; Thence along the south line of said tract #3 S 89'27.17 W 56.04 feet to the beginning of a 135.00 foot radius curve •,;o the left, having a central angle of 11'25102" (chord of which bears N 08'46'20" E 26.86 feet) ; Thence leaving said south line and along said curve 26.90 feet; Thence N 03'03'49" E 116.43 feet to the beginning of a 230.00 foot radius curve to the right, having a central angle of 14'34.29" (chord of which bears N 10'21'03" E 58.35 feet ); Thence along said curve 58.51 feet to a point on the north line of said Tract #4; Thence along said north line N 89'27•1'," E 32.45 feet to the point of beginning. Containing 9,206 square feet. MENEM N.W. 1/4 S.E. 1/4 HIBIT "A" Page 6 of 8 SECTION 10 T2S R1 W W.M. CITY OF TIGARD WASHINGTON COUNTY OREGON T.L 400 -Z ,v y N8925'27'E e 269. E- •��, 3 G o 28'34'i7' v R 230.00' ��f7 S T= 58.58' l 14 O CH BRG.73•N49'37'40'E c I N6'SSS2 ,S'76 CH 0. - 113.54' 3 U�)148927'17'E H 2450'2' G= 17'41'58'_ 5,388. sq. ft, J R 230.00' L.0 s s 0.35 noes !- T=35.5 O.C2 noes - NO028'38'W L=71.05' I 11.12 Ce N2629'17'c CD=70.77' G=6051'14' R= 170.00' 3 T=99.85' N8327Y7"E - L=180.56' 288.24 CH BRC- S33'29'26"N G— 14'34'29" CH 0.=17279' z R = 230.00' p; T= 29.41' L= 59.51' O C8 = N1021.0�E 9206. sq. EXHIBIT 'A' o Cos 58.35' 0• / acres ... i _.._ N8927�_17'E .': G=06'4353'. �•�O -- --30= '46.51.. R y 195.00' —1 G= 1125'02' m T=17.47' f- R 135.00' L s 22.91 G= 1656'06' T= 13.50' CH BRG- 50625'44"N _ L=26.90' -22.90' R a 05.75 ---. c6 —N08'46'20'E ti _ y CH 0. CB = S81'0d'40'E/ C0 —28.86' co a 105.27 N8927.17'E .5&.0A.-._ S8977 17' 0 -4 N8927'17'E 200.22 G=7450'26' O O R 135.00' G T=703.54' L=776.65' C8 N5158'04 0 CD=164.32' o_ 27,554.sq. ft. R = 1 5 0036• 0 0 0 0.63 acres T= 18264' L= 271.11' O 2�5�A8� C8 — N49'37'29'E 56�yo CD — 249.80 3r� v G= 1856'06' Y R 380.00 L= 125.58 Ce =581*04'40'E Qe' co 125.01 3 T.L. 700 Y' 1 i EXHIBIT "A" Page 7 of 8 l STREET DEDICATION TAX LUT 700 Being a portion of Lot 10, Willowbrook Farm, located in Section 10, Township 2 South, flange 1 West, of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the Northeast corner of Parcel II as described in a deed to Ida Ki elhorn recorded July 31, 1956, Book 384, Page 599, a deed to Dorette Ristig recorded October 10, 1977 (1/3 interest), Book 1206, Page 822, and a deed to Helen Krueger recorded October 10, 1977 (1/3 interest) Book 1206, Page 821; Thence S 89'27117" W along the north line of said Parcel II 194.81 feet to the true point of beginning of a 195.00 foot radius curve to the right, having a central angle of 79'39136" (chord of which bears S 49'37129" W 249.80 feet; Thence along said curve 271.11 feet; Thence S 89'27,17" W 60.07 feet to the beginning of a 380.00 foot radius curve to right, having a central angle of 18'56.06" (chord of which bears N 81"04'40" W 125.01 feet; Thence along said curve 125.58 feet; Thence N 71'36138" W 43.49 feet; Thence S 64'10148" W 21.51 feet to a point on the Easterly right-of-way of S.W. Pacific Highway; Thence along said easterly right-of-way N 19'54136" E 75.03 feet; Thence leaving said right-of-way S 71'36'38" E 56.92 feet to the beginning of a 320.00 foot radius curve to the left, _. having a central angle of 18'56'06" (chord of which bears S 81'04'40" E 105.27 feet); Thence along said curve 105.75 feet; Thence S 89'27.17 W 60.07 feet to the beginning of a 135.00 foot radius curve to the left, having a. central angle of 74'58.26" (chord of which bears N 51'58104" E 164.32 feet; Thence along said curve 176.65 feet to a point on the north line of said Parcel II; Thence along said north line N 89'27 '17" E 61.45 feet to the true point of beginning. Containing 27,554 square feet. ,._-IF E IBIT "A" Page 8 of 8 N.W. 1/4 5.E. 1/4 SECTION 10 T2S R1 W W.M. CITY OF TIGARD WASHINGTON COUNTY OREGON T.L. 400 s,w N N89.25'27'E >- 269.75' 3� D=283447' V R=230.00' ` s` T=58.58' 3 50.y E v L=114.73' CH eRG=N49'37'40'E m m N8355yJ• �S-�. ac C) CH 0. =113.54' 3' �N8927'17'E y 295.02Z 8a 31 O}w/ = 17'41'58' 15,388.54 f:. R 'SSS --� R 230.00' 1.151._-s_g Ft.- 0.35 noes F- T s 35.81' 0.02-noes ,I N0028'38'W L - 71.05' 11 11.2-2 CB �. N2629.17'E CD =70.77' N v 6051'14' r-- R=170.00' 3 c T=99.85' N89.27'17'E L•�- , L=180.56' 288.24' ^ 3245 CH 13RG= 53329'26"N = 143429' CH D.=17279' z - x R = 230.00' T= 29.41' z L= 58.57' O CB = N1021'0YE: 9,206. s9• ft EXHIBIT A' CDD CO - 58.35' 0. 1 noes r _ N8927'n'E- m T.L. 400 D a 06'43'S3. - 302.54' m \48.81' 3 T d 195.00' J ..2 X02' 1- R= 135.00' 3� L a 2291' T= 13.50' v ri a CH BRC= '06'25'44W R = 19'56'06' L 26.90' » CH D.=2290' L= 100.0 CB = H08'46'20'E c ^ y CB=S8104' CD.= 26.86' _ CD 105.275892797"N N8327'17'E 56.04' 41 325.50' T 903.54' N8927'17'E 200.22 = 7458'26' O O R 135.00' O = - L a t 76.6."1' �T O O CB =N5158'04 CD a 164.32' a n - ..... .... A= 7939'36" 2`y? ..p.'." :: a0.07--............. K..':....... R- 1.95.00" ... ......... .......... L....i.'-'.':.27554. 59• �...':.'.`..:..i:...... T- 16264. �.4 3 T 9. - .'.-:..'.... ncr s�...........:..... L� 277.19' S; 3a 3g .. :'..:�. .. ....-.. CB N4937'29'E O 2'`-�A8 .....'..............N8927't YE..'..'. CD 249.80' 3c O Sg4� 60.07 try A= 1856'06' R = 380.00 U ' a 125.58 4 CB 581104'401E V CD = 725.07 T.L. 7100