Resolution No. 00-18 CITY OF TIGARD,OREGON
RESOLUTION NO.00- /8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON
DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF
CONSTRUCTING THE GAARDE STREET IMPROVEMENT PROJECT(PHASE 1)IN
THE CITY OF TIGARD.
WHEREAS, the Tigard City Charter grants the City authority to acquire land for public
purposes;and
WHEREAS,the City of Tigard,is authorized by ORS 281.510 to purchase,acquire,take,use,
nd^ - ^^'o land and property within o withoutits. orate limits for the
enter. upon a.. ..pp.cp......, .... pr.,pe.., . .,. ... ..�.,orY,,..,..,
purpose of establishing,laying out,widening,enlarging or extending roads,streets or highways;
and
WHEREAS,the extension of Gaarde Street from Quail Hollow-West to Walnut Street is an
approved capital improvement project currently being designed for construction during the
surmner months in calendar year 2000;and
WHEREAS,the extension of Gaarde Street from Quail Hollow-West to Walnut Street is
identified as Gaarde Street Improvements,(Phase 1),and includes the construction of a new
segment of Gaarde Street,and improvements to its intersection with Walnut Street and
approaches;and
WHEREAS,for the public purposes of improving the streets within the City of Tigard,
including the streets in the Gaarde Street Improvements(Phase 1)project,for the health,safety,
benefit and general welfare of the public,the City Council has deemed necessary the acquisition
of certain properties.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard City Council does hereby fund and declare that there is needed
and required for the construction,operation,maintenance,repair and improvement
of the streets in the Gaarde Street A;provements (Phase 1) project, properties
located in the City of Tigard, Washington County, Oregon as described in
Exhibits A,B,and C-attached hereto and incorporated herein by this reference.
SECTION 2: The improvements of Gaarde and Walnut Streets, for which the real properties
and interest are described herein,are required and are being taken as necessary in
the public interest and the improvements to said properties will be 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.
RESOLUTION TTION NO.00-
Page I
SECTION 3: The Tigard City Manager and the City's attorneys are authorized to attempt to
agree with the owners and other persons in interest in the real properties described
herein as to the compensation to be paid for the appropriation of the properties,
and in the event that no satisfactory agreement can be reached,then the attorneys
for the City of Tigard be and the same hereby are directed and authorized to
commence and prosecute to final determination such proceedings as may be
necessary to acquire the real properties and interest therein and that upon the
filing of such proceeding, possession of the real properties and interest therein
may be taken immediately to the extent provided by law.
bh f
PASSED:This C��—day of f f L ,2000.
Ma -City of Tigard
ATTEST:
y
City Recorder-City of Tigard —
!ACitywide\ReARcsotutim of Necessity for Gurde Street Improvements Phase 1
ICpJ�LU 11C1�111V.VV-/V
Page 2
J0 Fidelity National Title Company of Oregon
IWFMap# 28104AC 01000
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variations,if any.in dimensions and location ascertained by actual survey.
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EXHIBIT A
4(=NQc.9Mt AAoFY nHS4QR1,0=77ono i
'V'- 114_ S£C 'OA/ 4, TOWNSHIP 2 SOUTH,
RANG1 WEST, WIL44ME77E R1E OMAN,
C17T OF T/CARD, WASH/A(GTON COUNTY, OREGON
Prsporod by.
D NAA,S & ASSOC., /R►'C.
sc//w Jw — A&C. CENTER
9450 &W. COAIMOOME CIRCLE*
snLsdNvlu�; oREravnr s�nn»
PHONE: �5a3> 682;24~50
Proporwd for: .
IC/Tr ®1p 71MAND
—Fd. 5/8"I.R. with Aluminum Cop mocked
`ALPHA ENG. INC.` in A4bnume171 Box.
MORN/NG HILL NO. f3
�.4-:r_W_ WAL_A/d>T_3TfiE_ � T
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1 .SOOMERLY RlGhT--OF-WAY
p NE CORNER .
n HAMPTON TRACT
BOOK 234 PAGE 115
N B7'00'4J�
�I 500• x /
I. '+ SE CORNER
BOOK 725 PAGE 886
to �
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BOOK 82J PAGE 70 :� p
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CVAIY
R/W ACOU/5/7�10N
DEC 2 21999
N 8103 07`E
A41" ERLY UNE 5.10�
FEE 97QBG552
SYS{L£.'
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R/W Acquisition
TL 2S14AC-01000
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon being more particularly described as follows:
Commencing_at a 5/8" iron rod with aluminum cap in a monument box marking the
centerlinc-intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Pl--t of*Momino Hill No.8"recorded in Plat Book No. 79, Page 38, Plat Records of
Washington County, Oregon;thence South 87°00'43"East along the centerline of SW
Walcott Street,287.16 feet;thence South 02'20'12"West,20.00 feet to the southerly right-
o''-way of said Walnut Street and the Northeast comer of that tract oi land conveyed to L.W.
i1aL• vu •
pt__ _a_wd,., v Hwniton _n R23
nnk 4 at Page 115, rec-"cried August 23, 1944 in
•.
the Deed Records of Washington County, Oregon;thence continuing South 02"20'12" West
along the East line of said Hampton tract, 447.03 feet to the Southeast comer of that tract
conveyed in Book 725 at Page 886, recorded December 3, 1968 in said Deed Records of
Washington County,and the Point of Beginning of the tract of land being herein conveyed;
thence North 87'00'43'West along the southerly line of said tract in Book 725 at Page 886,
5.00 feet; thence South 02'20'12" West, 76.06 feet to the northerly line of that tract
conveyed in Fee Number 97086552, recorded September 17, 1997 in said Deed Records of
Washington County;thence North 81'03'07"East along said northerly line,5.10 feet to the
East line of said Hampton tract; thence North 02°20'12"East, 75.00 feet to the Point of
Beginning,containing 378 square feet, more a-less.
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E�a.ge 3%g
Construction Easement
TL 2S24AC-01000
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South, Range I West, of the Willamette Meridian,in the City of Tigard,
Washington County, Oregon being more particularly described as follows:
Comtnelocing at a 518" iron rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Flat of"Morning Hill No. 8"recorded in Plat Book No. 79,Page 38,Plat Records of
Washington County, Oregon; thence South 87"00'43" East along the centerline of SW
Walnut Street,287.16 feet; thence South 02°20'12" West, 20.00 feet to the southerly right-
of-way of said Walnut Street and the Northeast corner of that tract of land conveyed to L.W.
Hampton and Narcissa V. Hampton in Rmi.234 at Pape l 15;rreorded August 23, 1944;--
the Deed Records of Washington County, Oregon; thence continuing South 02'20'12" West
along the East lir-,of said Hampton tract,447.03 feet to the Southeast comer of that tract
conveyed in Book 725 at Page 886, recorded December 3, 1968 in said Deed Records of
Washington County; thence North 87°00'43"West along the southerly line of said tract in
Book 725 at Page 886, 5.00 feet to the Point of Beginning of the tract of land being herein
conveyed; thence continuing North 87"00'43"West, 5.00 feet;thence South 02'20'12"
West, 77.11 feet to the northerly line of that tract conveyed in Fee Number 97086552,
recorded September 17, 1997 in said Deed Records of Washington County; thence North
81°03'07" East along said northerly line,5.10 feet; thence North 02"20'12" East, 76.06 feet
to the Point of Beginning,containing 383 square feet, more or less.
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The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for
variations,if any,in dimensions and location ascertained by actual survey.
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E " 4 SECTION 4, TOWNSHIP 2 SOUTH,
RAA G£ I WEST, WI.1AMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON
PAFP~by--
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MQY 0 91999
.99 215.774
2%5
R/W Acquisition
TL 2S14AC-01300
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South, Range 1 West,of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon being more particularly described as follows:
Commencing at a 5/8" iron rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plat of"Morning Hill No. 8"recorded in Plat Book No.79, Page 38, Plat Records of
wae ..,...
hingmn r .. Oregon;thence South 87°00'43" East along the centerline of SW
Walnut Street, 19.74 feet; thence South 02"20'12'West.20.00 feet to the intersection of the
southerly right-of-way of SW Walnut Street with the easterly right-of-way of SW 132nd
Avenue,--=a- -•being,he Poin,of Reginn;•_-of the rmct of land being herein described; -
thence South 02"20'12"West along the said easterly right-of-way of SW 132nd Avenue,8.00
feet; thence South 81°11'36" East, 128.22 feet to the West line of that tract conveyed in Fee
No. 80028459; thence North 02"20'12" Fast along said West line.21.00 feet to the said
southerly right-of-way of SW Walnut Street; thence North 87°00'43' West along said
southerly right-of-way 127.41 feet to the Point of Beginning,containing 1847 square feet,
more or less.
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Page 3/v
omnrsv-r�+i
Slope Easement
TL 2S14AC-01300
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South,Range 1 West, of the Willamette Meridian, in the City of Tigard,
Washington County,Oregon being more particularly described as follows:
Commencing at a 5/8" iro-,rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plat of"Morning Hill No. 8" recorded in Plat Book No. 79, Page 38, Plat Records of
Washington County,Oregon; thence South 87°00'43" East along the centerline of SW
' .c '"74 iwt' ta:c vv:a:0212.0.'12"West, 20 00 i--r rn!Iv, __
Wainiit Street, ate. ... ..,..„
u'W-r1y rim:mss_:ay of SW Walnut Stree with the easterly right-of-way of SW 132nd
Avenue; thence continuing South 02'20'12" West along the said easterly right-of-way of SW
132nd Avenue, 8.00 feet to the point of Beginning of the tract of land being herein
described;thence continuing along said easterly right-of-way South 02'20'12" West, 10.00
feet; thence South 83'25'19" East, 127.75 feet to the West line of that tract conveyed in Fee
No. 80028459; thence North 02120'12"East along said West line 5.00 feet; thence North
81'11'36" West, 128.22 feet to the Point of Beginning,containing 956 square feet, more or
less.
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Hage 4/5
Construction Easement
TL 2S14AC-01300
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South,Range 1 West, of the Willamette Meridian, in the City of Tigard,
Washingte.County, Oregon being more particularly described as follows:
Commencirg at a 5/8"iron rod with aluminum cap in a monument box marking the
centerlim intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plat of "Morning hill No. 8" recorded in Plat Book No. 79, Page 38,Plat Records of
Washington.County,Oregon;thence South 87"00'43" Fast along the centerline of SW
Walnut Street, 19.74 feet; thence South 02'20'12" West,20.00 feet to the intersection of the
southerly right-of-way of SW Walnut Street with the easterly right-of-way of SW 132nd
A 7:7.-
j*; _Ihz.=con- .: �sa=h 02*20'1"^ oar a rtv ca:`t-raeMrly r:ghhf-of-wav of sW
_.ng W�_alo.,o
132nd Avenue, 18.00 feet to the Point of Beginning of the tract of land being herein
described; thence continuing along said easterly right-of-way South 02°20'12"West, 5.01
feet; thence South 83°25'19" East, 127.75 feet to the West line of that tract conveyed in Fee
No. 80028459; thence North 02'20'12" East along said West line,5.01 feet; thence North
83'25'19" West, 127.75 feet to the Point of Beginning,containing 638 square feet, more or
less.
a.
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Page S/5
�opl Fidelity National .'itle Company of Oregon
— N �
�• a Map # 2S104AC 01400 W S E
'ihc sketch below is made solely for the purpose ofassisting in locoing said premiss and the Company assumes no liability for
variations,if my.in dimensions and location ascertained by actual su,—y.
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RANGE 1 WEST, {'YUAMETTE UER/D/AN,
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00CUiIENr M[ fSER 80028459 2
;1L 2S14AC-01400)
5
Nov a 81
99.275.714
R/W Acquisition
TL 2S14AC-01400
A tract of land in the Southwest one-quarter of the Northeast one-quarter of Section 4,
Township 2 South,Range 1 West, of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon being more particularly described as follows:
Commencing at a 5/8"iron rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plat of"Morning Hill No. 8"recorded in Plat Book No. 79, Page 38,Plat Records of
Washington f'n,`n.„ Oregon, .!����^.Seath 87*00'43"
�•6••'•' ••), v"6"••, •• a:0aa-.6 lilt V..wt 111M Vl Jrr
Walnut Street, 147.15 feet; thence South 02°20'12"West, 20.00 feet to the southerly right-
of-way of SW Walcott Street,said point being the Northwest corner of that tract conveyed in
Fee No. 80028459,-said point also being the Point of Beginning of the tract of land being
herein conveyed; thence South 02`20'12"Wes.along the West line of said tract in Fee No.
80028459, 21.00 feet; thence South 8700'43"East, 120.01 feet to the East line of said tract
conveyed in Fee No. 80028459; thence North 02"20'12' Fast along said East line,21.00 feet
to the southerly right-of-way of said SW Walnut Street; thence North 87"00'43" West along
said southerly right-of-way, 120.01 feet to the Point of Beginning,containing 2520 square
feet, more or less.
i
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3
® Page 3/S
Slope Easement
TL 2S14AC-01.400
A tract of land in the Southwest one-quarter of the Northeast one-quaver of Section 4,
Township 2 South,Range 1 West, of the Willamette Meridian, in the City of Tigard,
Washington County, Oregon being mors particularly described as follows:
Commencing at a 5/8" iron rod with aluminum cap in a monument box marking the
centerline intersections of SW Walnut Street and SW 132nd Avenue as monumented in the
Plst of"Morning Hill No. 8"recorded in Plat Book No_ 79, Page 38,Plat Records of
Washington County,Oregon;thence South 87"00'43" East along the centerline of SW
Walnut Street, 147.15 feet; thence South 02'20'12" West, 20.00 feet to the southerly right-
of-way of SW Walnut Street,said point being the Northwest corner of that tract conveyed in
Fee No. 80028459,thence South 02'20'12"West along the Wes:'line of said tract in Fee
No. 80028459, 21.00 feet to the Point of Beginning of the uaci of land being here'M
described; thence continuing South 02"20'12"West along said West line 5.00 feet; thence
South 87`00'43" East, 120.01 feet to the East line of said tract conveyed in Fee No.
50028459; thence North 02'20'12" East along said East line 5.00 feet;thence North
87'00'43" West, 120.01 feet to the Point of Beginning, containing 600 square feet, more or
less.
t
i
�a.g� 405
Construction Easement
TL 2S 14AC-01400
A tract of land in the Southwest one-quaver of the Northeast one-quarter of Section 4,
Township 2 South, Range Y West,of the Willamette Meridian,in the City of Tigard,
Washington County, Oregon being more particularly descr4 ed as follows:
Commeming at a 5/8" iron rod with aluminum cap in a monument box masking the
centerline intersections of SW Walnut Suet and SW 132nd Avenue as monurnented in the
Plat of"Morning Hill No. 8" recorded in Plat Book No. 79,Page 38, Plat Records of
Washington County, Oregon; thence South 87"00'413" East along the centerline of SW
Walnut Street, 147.15 feet; thence South 02"20'12" West,20.00 feet to the southerly riftht-
of-way of SW Walnut Street, said point being the Northwest comer of that tract conveyed in
Fee No. 80028459, thence South 02'20'12" West along the West line of said tract in Fee
No. 80028459,26.00 feet to the-Point of Beginning of the tract of land being herein —
descriherl;thence rontinuina Snuth f.12°20'!2" West alnnoo eaid Weet tine S,t1A feet• t(,e_Me
South 87'00'43"East, 120.01 feet to the East line of said tract conveyed in Fee No.
80028459;thence North 0220'12"East along said Fast line 5.00 feet; thence North
87100'43'West, 120.01 feet to the Point of Beginning,containing 600 square feet,more or
less.
Page S/5