Resolution No. 15-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 15-09
A RESOLUTION TO AMEND RESOLUTION NO. 14-46, LEGAL DESCRIPTIONS AND
DEPICTIONS,AND TO DECLARE THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF
CONSTRUCTING STREET AND OTHER IMPROVEMENTS ALONG SW WALNUT STREET FROM
116TH AVENUE TO TIEDEMAN AVENUE AND AUTHORIZING IMMEDIATE POSSESSION OF
THE PROPERTY
WHEREAS, the City of Tigard Charter grants the City of Tigard C'City) authority to acquire interest in land
for public purposes;and
WHEREAS, the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase, acquire, take,
use, enter upon and appropriate land and property within or without its corporate limits for the purposes
provided in those statutes;and
WHEREAS, the construction of Walnut Street, 116`s Avenue to Tiedeman Avenue, is an approved capital
improvement project identified in the City of Tigard Capital Improvement Plan(the'Project' ;and
WHEREAS, the City has determined that the acquisition of rights of way and/or temporary construction
easements on certain properties is necessary and will be used for the location, installation, replacement and
repair of the needed city sidewalk, street improvements and a stormwater treatment and detention facility;and
WHEREAS, on April 9, 2013 the City and Washington County C County' executed an Intergovernmental
Agreement (IGA) whereby City has delegated authority to County, on behalf of the City, to take all necessary
and appropriate actions to construct this Project for the health, safety,benefit,and general welfare of the public
by addressing maintenance and flooding issues in the area, including acquisition of necessary property and
property interests by eminent domain;and
WHEREAS, Resolution of Necessity No.14-18 adopted on April 22, 2014, declared the need to acquire
property for this Project;and
WHEREAS,Resolution No. 14-46,adopted on October 28,2014,amended Resolution No. 14-18;and
WHEREAS, the City Council has determined that it is in the public interest to revise the project design, and
this revision changes Exhibits A and B for Property No.20 in Resolution No. 14-46;and
WHEREAS,the legal descriptions and depictions for Property No. 20 have been revised accordingly.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution No. 14-46 is hereby amended as follows: Exhibits A and B for Property No. 20
are replaced in .their entirety by the legal descriptions and depictions attached and
incorporated to this resolution as Exhibits A and B for Property No.20.
SECTION 2: Except as amended herein, Resolution No. 14-46 and Resolution of Necessity No. 14-18
remain in full force and effect.
RESOLUTION NO. 15-09
Page 1
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This 24!'day of March,2015.
May -City of Tigard
ATTEST:
A,"� j . 'a)
Deputy City Recorder-City Tigard
RESOLUTION NO. 15-09
Page 2
WHPacific
EXHIBIT "A"
S.W. Walnut Street County Road Project No.: 100187
(S.W. 116`h Ave.to Tiedeman Ave.) File No.: 020
January 13,2015 Assessors Map: 2S 103AB
Parcels 1,2, 3 and 4 Tax Lot No.: 00100
PARCEL 1 (PERMANENT SLOPE AND UTILITY EASEMENT)
A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South, Range 1
West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a
portion of that tract of land conveyed to Tigard-Tualatin School District 23J, by Statutory
Bargain and Sale Deed,recorded December 10,2010 in Document No. 2010-099760,
Washington County Book of Records,the said parcel also being all that portion of said property
lying Southerly of a line delineated by following the below noted stations and offsets,Northerly
of the centerline of realigned S.W. Walnut Street, as said centerline is described below.
S.W. WALNUT STREET CENTERLINE
A road centerline situated in Section 3, Township 2 South, Range 1 West, of the Willamette
Meridian in Washington County, Oregon, and being more particularly described as follows:
Beginning at a point on line known as Station 10+00.00 (feet)of said re-aligned S.W. Walnut
Street; from Whence a 5/8" iron rod with yellow plastic cap stamped "DEA Inc." in a monument
box bears South 78°25'39" West a distance of 785.68 feet, as said iron rod is shown on Survey
No. 29,259 as Station 2+14.32 (feet);Thence North 78°25'39" East a distance of 939.10 feet to a
Point of Curvature shown on Survey No. 29,259 as Station 19+39.10 PC (feet); Thence along a
415.00 foot radius curve to the right,through a central angle of 10°35'36", an arc distance of
76.73 feet, subtended by a chord of North 83°43'27" East a distance of 76.62 feet a Point of
Tangency at Station 20+15.83 PT(feet); Thence North 89'01'15" East a distance of 1376.62 feet
to a Point of Curvature shown on Survey No. 29,259 as Station 33+92.45 PC (feet); Thence
along a 275.00 foot radius curve to the right,through a central angle of 49°17'05", an arc
distance of 236.55 feet, subtended by a chord of South 66°20'13" East a distance of 229.32 feet
to a Point of Tangency at Station 36+29.00 PT(feet); Thence South 41°41'40" East a distance of
79.91 feet to the centerline Intersection of S.W. Walnut Street and S.W. Tiedeman Street, said
Intersection being shown on Survey No. 29,259 as Station 37+08.91 (feet), the Point of
Termination of this description.
Bearings are based upon Survey Number 29259, Washington County Survey Records.
9755 SW Barnes Road,Suite 300 • Portland,OR 97225 • T 503.626.0455 • F 503.526.0775 - www.whpacific.com
PAWashington County\0376331Survey\Documents\116th&Walnut Legals\037633-V-EX20A-legal.docx
WHPadfic
Offset Distances Northerly of S.W. Walnut
Station to Station Street Centerline
23+33.00 to 24+31.00 31.00 feet along a straight line to 3 3.5 0 feet
Excepting therefrom, all that portion of said parcel lying within the permanent utility, slope,
and drainage easement recorded in Document No. 2005-052005,Washington County Records
and all that portion of said parcel lying within the existing right-of-way of S.W. Walnut Street.
The parcel of land to which this description applies contains 216 square feet,more or less.
PARCEL 2 (PERMANENT DRAINAGE EASEMENT)
A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South,Range 1
West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a
portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory
Bargain and Sale Deed,recorded December 10, 2010 in Document No. 2010-099760,
Washington County Book of Records,the said parcel also being all that portion of said property
lying Southerly of a line delineated by following the below noted stations and offsets,Northerly
of the centerline of realigned S.W. Walnut Street, as said centerline is described below.
Offset Distances Northerly of S.W. Walnut
Station to Station Street Centerline
22+52.00 to 22+65.00 89.00 feet along a straight line to 130.00 feet
22+65.00 to 23+09.00 130.00 feet along a straight line to 185.00 feet
23+09.00 to 23+26.00 213.00 feet along a straight line to 226.00 feet
23+26.00 to 23+36.00 226.00 feet along a straight line to 210.00 feet
23+36.00 to 22+46.00 210.00 feet along a straight line to 193.00 feet
Excepting therefrom,all that portion of land lying within the following described metes and
bounds description. Beginning at a point lying 42.00 feet Northerly of the centerline of realigned
S.W. Walnut Street at Station 22+46.00; Thence North 04°53'46"West, 146.34 feet;Thence
North 62°26'00"West, 11.18 feet; Thence South 00°51'45"West, 15 1.00 feet to the point of
beginning.
Further Excepting therefrom,all that portion of said parcel lying within the permanent slope
and utility easement and the permanent utility, slope and drainage easement recorded in
PAWashington County\037633\5urvey\Documents\116th&Walnut Legals\037633-V-EX20A-legal.docx -
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Document No. 2005-052005, Washington County Records and all that portion of said parcel
lying within the existing right-of-way of S.W. Walnut Street.
The parcel of land to which this description applies contains 12,187 square feet,more or less.
PARCEL 3 (PERMANENT INGRESS AND EGRESS EASEMENT)
A parcel of land lying in the Northeast one-quarter of Section 3,Township 2 South, Range 1
West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a
portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory
Bargain and Sale Deed,recorded December 10, 2010 in Document No. 2010-099760,
Washington County Book of Records,the said parcel also being more particularly described
below.
Beginning at a point lying 35.50 feet Northerly of the centerline of realigned S.W. Walnut Street
at station 26+27.00; Thence North 00°58'45" West, 115.50 feet to the beginning of a tangent
79.70 foot radius curve concave Southeasterly; Thence on said curve through a central angle of
45°39'43" (the long chord of which bears North 21'5 1'06"West, 61.85 feet)an are distance of
52.71 feet; Thence North 23°12'34"West,23.77 feet;Thence South 89°24'42"West, 147.00
feet; Thence North 00°58'45"East,46.99 feet; Thence South 89°01'36" West,29.00 feet;
Thence South 46°51'20" West, 71.50 feet; Thence South 00°58'45"East,23.00 feet; Thence
South 58°46'16"West,20.84 feet; Thence North 56'00'14"West;Thence South 66°38'47"
West, 36.77 feet;Thence North 31°11'45"West, 19.86 feet to a point lying 210.00 feet northerly
of said centerline at Station 23+36.00;Thence North 60°40'04"East, 67.04 feet; Thence North
47°27'55"East, 88.19 feet; Thence North 89°17'45"East,208.01 feet; Thence South 00°58'45"
East, 102.50 feet to the beginning of a tangent 59.38 foot radius curve concave Southeasterly;
Thence on said curve through a central angle of 50°51'21" (the long chord of which bears South
24°35'06"West, 51.00 feet;Thence South 00°58'45"East, 115.50 feet; Thence South
89°02'03"West,20.00 feet to the point of beginning.
Excepting therefrom,the following described parcel. Beginning at a point lying 246.00 feet
Northerly of said centerline at Station 25+10.00;Thence North 00°58'45" West, 39.00 feet;
Thence North 89°25'07" East, 144.00 feet to a point lying 286.00 feet northerly of said
centerline at Station 26+27.00; Thence South 00°58'45" East, 39.00 feet; Thence South
89025'07" West, 144.00 feet to the point of beginning.
The parcel of land to which this description applies contains 15,006 square feet,more or less.
PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT)
A parcel of land lying in the Northeast one-quarter of Section 3, Township 2 South,Range 1
West of the Willamette Meridian, City of Tigard, Washington County, Oregon and being a
portion of that tract of land conveyed to Tigard-Tualatin School District 23J,by Statutory
Bargain and Sale Deed,recorded December 10,2010 in Document No. 2010-099760,
PAWashington County\037633\Survey\Documents\I 16th&Walnut Legals\037633-V-EX20A-legal.docx
WHPacific
Washington County Book of Records,the said parcel also being all that portion of said property
lying Southerly of a line delineated by following the below noted stations and offsets,Northerly
of the centerline of realigned S.W. Walnut Street, as said centerline is described below.
Offset Distances Northerly of S.W. Walnut
Station to Station Street Centerline
26+10.00 to 26+55.00 125.00 feet parallel with the centerline
26+98.00 to 27+15.00 68.00 feet parallel with the centerline
Excepting therefrom,all that portion of said parcel lying within the temporary construction
easement as shown on exhibit map B and the permanent utility, slope and drainage easement
recorded in Document No.2005-052005, Washington County Records and all that portion of
said parcel lying within the existing right-of-way of S.W. Walnut Street.
The parcel of land to which this description applies contains 4,040 square feet, more or less.
REGISTERED
PROFESSIONAL
LAND 'SjjU/fRV(E YOR
J . �.i !
OREGON
JULY 13, 21704
SCOTT M. GRUBBS
54728
RENEWAL: 06-30-15
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FILE NO.: 020 SW WALNUT STREET SUBMITTAL DATE: 01/14/15 -_ WHPaCifiC
TAX LOT: 100 (SW 116th-Tiedeman Avenue REVISED DATE:
TAX MAP: 2S103AS and SW 135th Avenue) REVISED DATE: m.
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4 of 4
PARCEL LINE TABLE PARCEL CURVE TABLE
UNE LENGTH BEARING CURVE DELTA RADIUS LENGTH CHORD CHORD
Lt 115.50 110'88'45"W LENGTH BEARING
Cl 45'39'43" 79.70 63.52 61.85 N21' 51' OCE
L2 23.77 N2312'34"W
C2 50'51'21" 59.38 52.71 51.00 S24' 35' 06"W
L3 147.00 S89'24'42"W
L4 46.99 NO'58'45"W
L5 29.00 S89'O1'36"W
L6 71.50 S46'51'20"W
L7 23.00 SO'58'45"E
i
L8 20.84 S5846'16"W
i
L9 18.31 N56'00'14"W
L10 36.77 S66'38'47"W
f
Ltt 19.86 N3111'45"W
L12 67.04 N60'40'04"E
L13 88.19 N47'27'55"E
L14 208.01 N89'17'45"E
L15 102.50 SO'58'45"E
L16 115.50 SO'58'45"E
L17 20.00 S89'02'03"W
FILE NO.: 020 SW WALNUT STREET SUBMITTAL DATE: 01/14115 WHPacific
TAX LOT: 1_00_ (SW 116th-Tedeman Avenue REVISED DATE_
TAX MAP: 2S103AB and SW 135th Avenue) REVISED DATE:
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ADDRESS: 11095 SW WALNUT ST. WASHINGTON COUNTY PROJECT NO.100187 REVISED DATE: DWG: 037633-v-Em-dw9