Resolution No. 96-14 CITY OF TIGARD, OREGON e a
RESOLUTION NO. 96-)4
N�ask
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF
`CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON SW
'130TH AVENUE AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH
IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION Or SAID REAL PROPERTY. #• p:�•".,*,,.i°"+'
WHEREAS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 3S,
the City of Tigard is authorized to appropriate any private real
property and interest therein for any public use for the general a
benefit and use of the people of the City, Including but not limited to
sights-of-way and property adjoined thereto, and
WHEREAS, in the Capital Improvement Program the Planning Commission ?pts
recommended that SW 130th Avenue be improved to provide access to �s
Scholls Ferry Road; and
WHEREAS, for the health, safety, benefit, and general welfare of the
public the City of Tigard plans to construct street improvements along i tk1p;'p
SW 130th Avenue, between Hawks Beard Street and Scholls Ferry Road, and rya;t 4x4lx,
to-protect the full use and enjoyment by the public of such street .�,#. 2", .
improvements; and W
WHEREAS, it appearing to the City Council that the proposed � 'dpi y,'1 i,�a•
improvements are most compatible with greatest public good and the 4t
least private injury or damage;
1
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: �r} `,t,� j
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 SW 130th Avenue, realproperty andp
interest thereinmore. particularly set forth and 1p ppivl'
described in Exhibit A .attached .hereto and by this
reference incorporated herein_ ,
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Section 2: The location, Construction, operation, maintenance, !t
repair, and ..improvement of the SW .130th -Avenue
improvement project project for which the real property and the
interests therein described in Exhibit.A.are required i„ t
are being taken as necessary in,the .public-interestand
said .street improvements have been.planned, designed,
located, and will be constructed in manner.that will
RESOLUTION NO. 96-Iq p
—Page 1 `# i
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be most compatible with the greatest public Dene?.f is in
the least private injury or damage. s '
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Section 3: The Citv of Tigard and its designees are hereby
wi authorized to attempt to agree with the owners and '
.other persons in interest in the real property and4`R �. M
i interests described in Exhibit A as to the compensation y
to be paid for the appropriation of. the property, and, g'� ', °
in the event that no satisfactory agreement can be
¢ reached, then the at
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. I IM
1208
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t#1AM,-
PASSED: This �a day of-"/Clrf.GGt__. 1996.
City c£ T'g-ra
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ATTEST: ,�',�hr�
l c�t�p'IA n-e L-2
'. City Recorder - Ci_y of Ti rd
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qq
RESOLUTION NO. 96-4—.
Page 2 x
LEGAL DESCRIPTION
FOR
RIGHT-OF-JAY `
A TRACT OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33 '
TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, a
WASHINGTON COUNTY,OREGON DESCRIBED AS FOLLOWS: S .
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'BEGINNING AT THE MOST NORTHWEST CORNER OF THE PROPERTY DESCRIBED - `
+ IN FEE NUMBER 94103929 OF THE WASHINGTON COUNTY DEED RECORDS;
THENCE N 00-06'50"W,ALONG THE EAST LINE OF THE PROPERTY DESCRIBED IN 4
FEE NUMBER 89-20393 OF THE WASHINGTON COT JNTY DEED RECORDS,A '
' DISTANCE OF 263.47 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SCHOLLS c
FERRY ROAD AS DESCRIBED IN FEE NUMBER 90-35657; THENCE ALONG A CURVE
TO THE LEFT WITH A RADIUS OF 5679.58 FEET,A DELTA OF 00°30'13"(A CHORD
Of, WHICH BEARS N72'28'01"E 49.91 FEET),AND A LENGTH OF 49.91 FEET TO A '
x POINT OF CURVE;THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF
+,
25.00 FEET,A DELTA OF 72°49'57"(A CHORD WHICH BEARS S 36°18'09"W 29.68
FEET),AND A LENGTH OF 31.78 FEET TO A POINT OF TANGENCY; THENCE S 00° ,
06'50"E A DISTANCE OF 254,23 FEET TO A POINT OF CURVE; THENCE ALONG
SAID CURVE TO THE RIGHT WITH A RADIUS OF 530.00 FEET,A DELTA OF 00°02' ( ,
00"(A CHORD WHICH BEARS S 00°05'50"E 0.31 FEET),AND A LENGTH OF 0.31 ,
FEET; THENCE S 89°54'30"W,ALONG THE NORTH LINE OF DEED 94103929 OF THE
z WASHINGTON COUNTY DEED RECORDS,A DISTANCE OF 30.00 FEET TO THE POINT +
OF BEGINNING. '
CONTAINING 8110 SQUARE FEET..
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LEGAL DESCRIPTION
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FOR ;?
RIGHT-OF-WAY
A TRACT OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 33 „
I
TOWNSHIP I SOUTH,RANGE I WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, k' s
WASHINGTON COUNTY,OREGON DESCRIBED AS FOLLOWS: '
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BEGINNING AT THE MOST NORTHEAST CORNER OF THE PROPERTY FROM
BURTON E.GRABHORN TO THE PUBLIC AS DESCRIBED IN FEE NUMBER 89-30141
OF THE WASHINGTON COUNTY DEED RECORDS BEING THE BEGINNING POINT OF '
A CURVE TO THE RIGHT WITH A RADIUS OF 22.00 FEET; THENCE N 06°06'50"W "Ia
ALONG THE WEST LINE OF FEE NUMBER,A DISTANCE OF 503.16 FEET TO A POINT
OF CUSP AND A POINT OF CURVE; THENCE ALONG SAID CURVE TO THE RIGHT
WITH A RADIUS OF 470.00 FEET,A DELTA OF 06°47'03",(A CHORD WHICH BEARS "
S 03°1641"W,54.62 FEET)AND A LENGTH OF 55.65 FEET TO A POINT OF
TANGENCY; THENCE S 06°40'13"W A DISTANCE OF 194.68 FEET TO A POINT OF
CURVE; THENCE ALONG THE CURVE TO THE LEFT WITH A RADIUS OF 530.00 r
FEET,A DELTA OF 06°47'03"(A CHORD WHICH BEARS S 03°16'42"W,62.72 FEET),
AND A LENGTH OF 62.76 FEET TO THE POINT OF TANGENCY;THENCE S .72OO'FE T),
E A DISTANCE OF 189.96 FEET TO A POINT OF CURVE; THENCE ALONG THE
CURVE TO THE RIGHT WITu n u n^IUS 0 25 0v F"
cn1,ADELTAuF84 16'18"(A t_2,xi
CHORD WHICH BEARS S 42°01'19"W33-54 FEET),ANDA LENGTH OF 36.77 FEET
TO A POINT ON THE NORTH LINE OF THE PROPERTY DESCRIBED IN FEE NUMBER
89-30141 OF THE WASHINGTON COUNTY DEED RECORDS AND A POINT OF CUSP; W '
THENCE ALONG SAID NORTH LINE TI4E FOLLOWING THREE COURSES; THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 225.00 FEET,A DELTA OF05°
44'24"(A CHORD WHICH BEARS N87°01'42"E,22.53 FEET),AND A LENGTH OF
22.54 FEET TO A PORNT OF TANGENCY; THENCE N 89°53'58"E A DISTANCE OF
7.99 FEET TO A POINT OF CURVE;THENCE ALONG SAID CURVE TO THE LEFT WITH
A RADIUS OF 22.00 FEET,A DELTA OF 90°00'48"(A CHORD WHICH BEARS N 44°53' E
34'E 31,12 FEET),AND A LENGTH OF 34.56 FEET TO THE POINT OF BEGINNING. 59
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CL$ITA..nwS 11143 SQUARE FEET. ,
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{ ALSO INCLUDING THE FOLLOWING DESCRIBED PROPERTY s
BEGINNING AT THE POINT ON THE SOUTH LINE OF SCHOLLS FERRY ROAD AS
DESCRIBED IN FEE NUMBER 92018168 OF THE WASHINGTON COUNTY DEED
RECORDS,WHERE IT INTERSECTS WITH THE WEST LINE OF THE PROPERTY
DESCRIBED IN FEE NUMBER 89020393 OF THE WASHINGTON COUNTY DEED
i RECORDS; THENCE S 000 06'50"E,ALONG SAID WEST LINE,A DISTANCE OF 34.51
FEET TO A POITNT OF CURVE;THENCE ALONG SAID CURVE TO THE LEFT WITH A
RADIUS OF 25.00 FEET,A DELTA OF 108°19'51"(A CHORD WHICH BEARS N 54°16'
46"W 40.54 FEET);AND A LENGTH OF 47.27 FEET TO THE SOUTH RIGHT-OF-WAY
OF SCHOLLS FERRY ROAD AS DESCRIBED IN FEE NUMBER 92018168 OF THE
r :WASHINGTON COUNTY DEED RECORDS AND A POINT ON SPIRAL; THENCE
ALONG A SPIRAL TO THE LEFT WITH A CHORD WHICH BEARS N 71'39'10"E 20.00
x FEET TO THE POINT OF SPIRAL TO CURVE; THENCE ALONG SAID CURVE TO THE
LEFT:WITH A RADIUS OF 5679.58 FEET,A DELTA OF 00°08'50"(A CHORD WHICH
.BEARS N 71'49'26"E 14.59 FEET),AND A LENGTH OF 14.59 FEET TO THE POINT OF �, y
x BEGINNING.
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�� CONTAINING 273 SQUARE FEET.
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