Resolution No. 08-52 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08-
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W.
DARTMOUTH STREET AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH
IMPROVEMENTS AND AUTHORIZING THE CONDEMNATION OF THE REAL PROPERTY.
WHEREAS, pursuant to Oregon Revised Statutes Chapters 223 and 35, the City of Tigard is authorized to
appropriate any 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 adjoining thereto;and
WHEREAS, on February 26, 2008, the City Council approved the formation of the Tigard Triangle Local
Improvement District No. 1 to improve certain streets within the Tigard Triangle to the standards set out in
Chapter 16.20 of the Tigard Community Development Code;and
WHEREAS, the proposed street improvements include the north side of S.W. Dartmouth Street between S.W.
69ffi and 70th Avenues;and
WHEREAS,it appears to the City Council that the proposed improvements are the 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 S.W. Dartmouth
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 real property and the interests therein described in Exhibit A are being taken as necessary
in the public interest for construction of street improvements. These street improvements
have been planned, designed, located and will be constructed in a manner that will be most
compatible with the greatest public benefit in 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 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
filling of such proceeding, possession of real property and the interest therein maybe taken
immediately.
SECTION 4: This resolution is effective immediately upon passage.
RESOLUTION NO. 08
Page 1
PASSED: This dayof 2008.
Mayor .�o Tigard
ATTEST:
Deputy City Recorder- City of Tigard
RESOLUTION NO.08
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ADDITIONAL RIGHT-OF-WAY DEDICATION
SW DARTMOUTH STREET
A tract of land for right-of-way dedication purposes being a portion of Lots 17 tiro 18 and Lot b
Block 11 WEST PORTLAND HEIGHTS, a duly recorded subdivision in the Southeast 1/4 of
Section 36,Township 1 South,Range 1 West of the Willamette Meridian,City of Tigard,
Washington County, State of Oregon, also described as Reserve of Right of Way in Document No.
2006-011330 of the Washington County Deed Records,more particularly described as follows:
Commencing at the Northwest corner of said Lot 17, said corner being 27.57 feet Easterly from the
West right-of-way line of SW 70th Avenue; thence along the North line of said Lot 17 S 890 58' 10"
E a distance of 2.43 feet; thence parallel with and 30.00 feet East of the West line of SW 70`''
Avenue S 01° 11' 56" East a distance of 78.33 feet to The True Point of Beginning; thence
continuing S 01° 11' 56" E a distance of 11.00 feet to the beginning of a tangent curve to the to the
left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 89° 58' 33"
(a chord bears S 46° 11' 12" E, 49.49 feet) and a length of 54.96 feet to a point of tangency; thence
N 88° 49' 31" E, along the northerly right of way of SW Durham Street 36.00 feet from center line
(when measured at right angles), a distance of 137.67 feet to a point of curve of a curve to the left;
thence along said curve to the left with a radius of 404.47,a central angle of 01° 41' 45" (a chord
bears N 87° 58' 39" E, 11.97 feet) and a length of 11.97 feet to the beginning of a tangent curve to
the left; thence along said curve to the left with a radius of 35.00 feet, a central angle of 87°09'49"
(a chord bears N43° 32' 52" E, 48.26 feet) and a length of 53.25 feet to the west line of SW 69'
Avenue; thence along said west line N 00° 02'03"W a distance of 11.01 feet to the beginning of a
non-tangent curve to the right; thence along said curve to the right with a radius of 35.00 feet, a
central angle of 87° 04' 35" (a chord which bears S 43° 30' 15"W, 48.22 feet) and a length of 53.19
feet to the point of curve of a curve to the right and a point 47.00 feet from the center line of SW
Dartmouth Street when measured at right angles; thence along said curve to the right with a radius
of 393.47, a central angle of 01° 46' 59" (a chord which bears S 87° 56' 02"W, 12.24 feet) and a
length of 12.24 feet to a point of tangency; thence S 88° 49' 31"W,parallel with and 47.00 feet
from the center line of SW Dartmouth Street,a distance of 137.68 feet to a point of curve of a curve
to the right; thence along said curve to the right with a radius of 35.00 feet, a central angle of 89°
58'33" (a chord which bears N 46° 11' 12"W,49.49 feet) and a length of 54.96 feet to the True
point of beginning
Containing 2399 square feet.
I-
W
W
L�
W
Q
SW 69TH AVENUE
z
0
H
Q
U
W SW 70TH AVENUE
Q
3
0
= W
-FT
� W
F-
0
Q
Q
3