2011-020128 - Stipulated Judgement of Condemnation Washington County, Oregon 2011- 020128
03/11/2011 10:01:44 AM
D -OCD Cnt =1 Stn =7 K ORUNEWALD
$80.00 $6.00 $11.00 - Total = $78.00
0 : Return Recorded Document to: 111111 111111 131 1111 111111 1 111 11
City of Tigard — Records Department 01680612201100201280120126
13125 SW Hall Blvd I, Richard Hobernlcht, Director of Assessment and
Taxation and Ex- Officio County Clerk for Washington •.;, •
Tigard, ORE 97223 County, Oregon, do hereby certify that the within / t
Instrument of writing was received a d r r e oed In n rdn the " om , 1
book of records of said coven W i
fi
t` l,• r
Richard Hobernlcht, Director of Assessment and
Taxation, Ex-Officio County Clerk
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T I GARD
COVER PAGE FOR RECORDING
Name of Transaction:
Stipulated General Judgment of Condemnation
Plaintiff: City of Tigard, a municipal corporation of the State of Oregon.
Defendants: Tigard Auto Stop Partners, a Washington general partnership;
Brake Brothers, LLC, and Oregon limited liability company, and
Tigard Exhaust & Brake an Oregon corporation.
The True Consideration for this conveyance is : $673,100.00
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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON
5 FOR THE COUNTY OF WASHINGTON
6 CITY OF TIGARD, a municipal corporation of Case No. C102909CV
the State of Oregon,
7 STIPULATED GENERAL JUDGMENT
Plaintiff, OF CONDEMNATION
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v.
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TIGARD AUTO STOP PARTNERS, a
10 Washington general partnership; BRAKE
BROTHERS, LLC, an Oregon limited liability
11 company, and TIGARD EXHAUST & BRAKE,
an Oregon corporation,
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Defendants.
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14 This matter comes before the Court upon the stipulation of the parties, plaintiff City of
15 Tigard (the "City ") appearing by and through Harlan E. Jones and Michael G. Harting, its
16 attorneys, and defendant Tigard Auto Stop Partners appearing by and through Jill S. Gelineau, its
17 attorney; defendant Brake Brothers, LLC having been dismissed by an order of default entered
18 June 24, 2010; and defendant Tigard Exhaust and Brake having been dismissed by a limited
19 judgment of dismissal entered on June 9, 2010; and
20 The parties by their stipulation below agreeing and advising the Court, and the Court
21 finding:
22 That the parties have reached an agreement settling the case;
23 That no good cause exists for setting aside the settlement agreement or setting this case for trial;
24 That this judgment reflects a settlement of all issues raised or raiseable in this action;
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Pa — STIPULATED GENERAL JUDGMENT OF JORDAN SCHRADER RAMIS PC
Attornes at Law
r � CONDEMNAION PO Box
T 230669
V Portland OR 97281
Telephone: 503.598.7070 Fax: 503.598.7373
50014 36794.022 2,docado /1!118/2010 -1
1 That the real property located at 12035 (A, B, and C) and 12047 SW Pacific Highway,
2 Tigard, Oregon and identified as Washington County Assessor's Map 2S- 1 -02AA and Tax Lot
3 01100 is owned by defendant Tigard Auto Stop Partners;
4 The City has determined it has an immediate need to construct, operate, maintain, repair
5 and improve the Greenburg Road /Highway 99W /Main Street intersection. The City is in need of
6 the portion of defendant Tigard Auto Stop Partners' property located on SWPacific Highway,
7 which is described in paragraphs 7, 8, and 9 of the City's Complaint in Eminent domain, and
8 more particularly described in Exhibit 1 attached hereto (the "Property "), and the Property is
9 necessary for public use;
10 The City, prior to commencement of this action and pursuant to its resolution, attempted
11 to acquire the Property by agreement and purchase, but was unable to do so;
12 The City, has paid, and defendant Tigard Auto Stop Partners has accepted, the total sum
13 of $673,1 00.00 for the Property;
14 That the City, on April 30, 2010, deposited with the Clerk of this Court, the sum of
15 $662,100.00 for the use and benefit of the defendant;
16 That defendant Tigard Auto Stop Partners has pursuant to an Order of the Court
I7 withdrawn the City's deposit;
18 That the City will pay the remaining $11,000.00 outside the registry of this Court and this
19 Judgment will be effective as of its filing j ust as though all amounts have been paid into court for
20 the use and benefit of defendant;
21 The City is now entitled to judgment appropriating the Property to the City; now therefore, •
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Page 2 — STIPULATED GENERAL JUDGMENT OF JORDAN SCHRADER RAMIS PC
Attorneys at Law
CONDEMNATION Po Box 230669
Portland OR 97281
Telephone: 503.598.7070 Pal: 503.598.7373
50011 36794.012 106418 2.doclado/11/18/2010 -1
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1 IT IS HEREBY ORDERED AND ADJUDGED:
2 1. The Property described in Exhibit 1 is appropriated for public purposes, and title
3 to that Property is vested in the City.
4 The acquisition and use consist of:
5 Parcel 1, described as "FEE SIMPLE" on the attached Exhibit 1,
comprises that part of the property the City must acquire in fee
6 simple for public right -of -way for public road purposes. This
parcel of land contains 1,703 square feet, more or less.
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Parcel 2, described as "RIGHT -OF -WAY DEDICATION" on the
8 attached Exhibit 1, comprises that portion of the property for
which the City must acquire a dedicated right -of -way for the
9 purposes of constructing, operating, and maintaining the public
roadway. This parcel of land contains 4,616 square feet, more or
10 less.
Parcel 3, described as "TEMPORARY CONSTRUCTION
11 EASEMENT" on the attached Exhibit 1, comprises that portion of
the property for which the City requires a temporary easement for
12 constructing public improvements associated with the Greenberg
Road /Highway 99W/Main Street Intersection Improvements
13 project, together with the right to remove, only as necessary,
14 vegetation, trees, pavements, portions of the existing structure, and
other obstructions within and adjacent to the public right -of -way
15 on the property. The duration of this temporary easement shall be
for two years, commencing on the date the City obtained
possession of the property (May 13, 2010). This parcel of land
16 contains 6,251 square feet, more or less.
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Page 3 — STIPULATED GENERAL JUDGMENT OF JORDAN SCHRADER RAMIS PC
Attorneys at Law
CONDEMNATION PO Box 230669
Portland OR 97281
Telephone: 503.598.7070 Fax. 503.598.7373
50014 - 36794.022 206418 2.dock+do /11/18/2010 -1
1 2. Defendant Tigard Auto Stop Partners has, pursuant to an Order of the Court,
2 withdrawn the City's deposit to wit $662,100.00. The remaining amount of $11,000.00 shall be
3 paid outside the registry of the Court by check made payable to "Schwabe, Williamson & Wyatt,
4 PC in trust for Tigard Auto Stop Partners," and delivered to the attention of Jill S. Gelineau,
5 Schwabe, Williamson & Wyatt, PC, 1211 S.W. Fifth Avenue, Suite 1900, Portland, Oregon
6 97204. This Judgment in Condemnation is effective upon filing just as though all amounts had
7 been paid into the Court's registry for the use and benefit of defendant.
8 Neither of the parties shall recover from the other party costs or attorneys fees incurred
9 herein.
10 Dated this 3l? day of November, 2010.
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12 &am
CiNut ourt udge
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IT IS SO STIPULATED. MARCO A. HERNANDEZ
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15 JORDA► SC. 'y DER ' • : 'C SCHWABE WILLIAMSON & WYATT PC
16 t. ,
1 HARL . ONES JILL . / ELINEAU
OSB # : • 549 OSB # .:52088
MICHA : G. HARTING Telephone: (503) 796 -2887
18 OSB # 87 - •3 Facsimile: (503) 796 -2900
Telephone: (503) 598 -7070 jelineau@schwabe.com
19 Facsimile: (503) 598 -7373 Attorney for Defendant Tigard Auto Stop
harlan.jones @jordanschrader.com Partners
20 michael .harting @jordanschrader.com
Attorney(s) for Plaintiff City of Tigard Certified To Be A True _And
21 Correct Copy_' t 61441al
22 Date
23 TRIAL CO 1RT� � 1.4- 7 'ATOR
Washington Coin
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By:
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Page 4 — STIPULATED GENERAL JUDGMENT OF JORDAN SCHRADER RAMIS PC
CONDEMNATION Po Box 230669
Portland OR 97281
Telephone: 503,598.7070 Far: 503.598.7373
50014- 36794.022 206418 2.doclado /11/18/2010 -1
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S.W. Greenburg/Main/Hwy 99W File No.: 001 •
City of Tigard Project No. 0567 Assessors Map: 2S 1 02AA
October 13, 2009 Tax Lot No.: 01100
Revised December 17, 2009 •
Parcels 1,2 and 3
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PARCEL 1 (FEE SIMPLE) •
A parcel of land lying in the Northeast one - quarter of Section 2, Township 2 South, Range 1
West and the Southeast one- quarter of section. 35,. Township 1 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 Auto Stop Partners by warranty deed recorded December 22, ,
1986 in Document No. 86059827, Washington County Book of Records, said parcel also being �.
all that portion lying southerly of the lines delineated by following the below noted stations and
offsets northerly of the centerline of State Highway 99 West, as said centerline is described
below. •
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State Highway 99 West Centerline
A road centerline situated in the Northeast one - quarter of Section. 2, Township 2. South,
Range 1 West and the Southeast one - quarter of section 35, Township 1 South, Range 1
West of the Willamette Meridian and the Southwest one - quarter of Section 36 of said
township and range, in the City of Tigard, Washington County, Oregon, being more
particularly described as follows:
Beginning at Station 44 +02.24 being the beginning of a spiral curve concave southerly,
said point bears South 78 °57'24" West, '1268.92 feet from the section corner common •
. to Sections 35 and 36, said township and range and Sections 1 and 2, Township 2
South, Range 1 West of the Willamette Meridian; thence, from said point of beginning,
on said spinal curve. through a 2° degree of curve (the chord of which bears North
63 ° 47'04" East, 399.98 feet) a distance of 400.00 feet to Station 48+02.24; Thence •
• North 64 °27'04" East, a distance of 1600.00 feet to Station 66 +00.00 at the point of
termination, said point bearing North 46 °02'52" East, a distance of 1021.48 feet from
the section corner common to said Sections 35; 36, 1, and 2.
Bearings are based upon the 1983/98 Oregon Coordinate System, North Zone,
Stationing is on an assumed basis.
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S.W. Greenberg Road
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• That portion of Greenburg Road located in the Southeast one - quarter and the Southwest
one - quarter of Section 35, Township 1 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington County, Oregon, being more particularly
described as follows:
Beginning at a point that bears North 43 °55'00" East 20.00 feet from a 1/2 inch iron
pipe located on the centerline of S.W. Center Street and called for as the beginning of
the County Road No. 1365; Thence along the surveyed centerline for the legalization of
said S.W. Greenburg Road as follows: North 45 °45'52" West 490.21 feet to an angle
point near the intersection of S.W. 90 Avenue; Thence North 51.22'22" West 607.27
. - feet to an angle point near the intersection of S.W. 91 Avenue; Thence North I .
56°18'34" West 525.30 feet to an angle point near the Westerly line of the recorded Plat
of Barbee Court if extended northerly; Thence north 68 °48'45" West 444.90 feet to a . -
point near the intersection of S.W. 95 Avenue; Thence North 78 °54'04" West 474.36
feet to an angle point near the Easterly line of the Plat of Greenburg. Heights; Thence
North 71 °12'59" West 463.21 feet to an angle point near S.W. 98 Avenue; Thence
North 62 °52'32" West 198.11 feet to a point of curvature; Thence 172.98 feet along the
arc of a 220.00 foot radius curve to the right, through a central angle of 45 °03'04" (the
long chord of which bears North 40 °21'00" West 168.56 feet) to a point of tangency; •
Thence North 17 °49'28" West 529.99 feet more or Less to a point of curvature of
County Road No. 2043 near S.W. Tiedeman Avenue, being the point of termination of
• this described centerline. .
• Bearings are based upon Washington Comity Survey No. 24,103 recorded in the
Washington County Survey Records.
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Station to Station Offset Distances Northerly of State Highway 99
West Centerline and Westerly of S.W. Greenburg
Road Centerline
47 +37.02, State Highway 99 West to 60.44 feet, along a straight line to 58.91'feet
48 +28.85, State Highway 99 West
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48+28.85, State Highway 99 West to 58.91 feet from State Highway 99 West centerline,
r • - 48 +40.82, State Highway 99 West along the arc of a 23.50 foot radius curve, concave
Northwesterly, the central angle of which is
30 °27'34 ", the long chord of which is North
. 50 °16'04" East, a distance of 12.35 feet, an arc
• distance of 12.49 feet to 61.93 feet from State
• Highway 99 West centerline
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48+40.82, State Highway 99 West to 61.93 feet parallel with the centerline
49 +16.00, State Highway 99 West
Excepting therefrom, all that portion of said parcel lying within the existing rights -of -way of'
State High 99 West and SW Greenburg Road.
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The parcel of land to which this description applies contains 1,703 square feet, more or less.
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. PARCEL 2 (RIGHT -OF -WAY DEDICATIONS .
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A parcel of land lying in the Northeast one - quarter of Section 2, Township 2 South, Range 1
West and the Southeast one - quarter of section 35, Township 1 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 Auto Stop Partners by warranty deed recorded December 22,
1986 in Document No. 86059827, Washington County Book of Records, said parcel also being.
all that portion lying southerly of the lines delineated by following the below noted stations and
offsets northerly of .the centerline of State Highway 99 West, as said centerline is described
above and all that portion lying easterly of the lines delineated by following the below noted
stations and offsets westerly of the centerline of SW Greenburg Rd., as said centerline is
described above.
Station to Station Offset Distances Northerly of State Highway 99
West Centerline and Westerly of S.W. Greenberg.
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Road Centerline
48 +40.82 State Highway 99 West to 61.93 feet from State Highway 99 West centerline,
• 11 +31.89, S.W. Greenburg Rd. along the are of a 38,00 foot radius curve, concave
Westerly, the central angle of which is 78 °42'20 ",
the long chord of which is North 04°18'53" West, a
distance of 48.19 feet, an arc distance of 52.20 feet to
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55.94 feet from S.W. Greenburg Road. centerline
11 +31.89, S.W. Greenburg Rd. to 55.94 feet, along a straight line to 54.92 feet
12 +20.38, S.W, Greenburg Rd.
12 +20.38, S.W. Greenburg Rd. to 54.92 feet, along a straight line to 82.63 feet
12 +44.00, S.W. Greenburg Rd.
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Excepting therefrom; all that portion of said parcel lying within the existing rights -of -way of
State Highway 99 West and SW Greenburg Road and all that portion lying within the above
described Parcel 1.
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The parcel of land to which this description applies contains 4,616 square feet, more or less. -
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PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT)'
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A parcel of land Iying in the Northeast one - quarter of Section 2, Township 2 South, Range 1
West and the Southeast one - quarter of section 35, Township 1. 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 Auto Stop Partners by warranty deed recorded December 22,
1986 in Document No. 86059827, Washington County Book of Records, said parcel also being
all that portion lying southerly of the delineated by following the below noted stations and
offsets northerly of the centerline of State Highway 99 West, as said centerline is described
above and all that portion lying easterly of the lines delineated by following the below noted
stations and offsets westerly of the centerline of SW Greenburg Rd., as said centerline is also
described above.
Station to Station Offset Distances Northerly of State Highway- 99 •
• West Centerline and Westerly of S.W. Greenburg
Road Centerline
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46 +88.08, State Highway 99 West to 77.16 feet, along a straight line to 75.85 feet
' 47 +59.99, State Highway 99 West
47 +59.99 State Highway 99 West to 65.05 feet parallel with the centerline
48 +25.22, State Highway 99 West
48 +25.22 State Highway 99 West to 65.05 feet from State Highway 99 West centerline,
11+03.19, S.W. Greenburg Rd. along 'a straight line to 86.50 feet from. S.W.
Greenburg Road centerline
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11 +03.19, S.W. Greenburg Rd. to 86.50 feet, parallel with the centerline •
12 +30.00, S.W. Greenberg Rd.
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12 +30.00, S.W. Greenburg Rd. to 111.00 feet, parallel with the centerline •
12 +44.00, S.W. Greenburg Rd. •
' Excepting therefrom, all that portion of said parcel Iying within the existing rights-of-way of
State Highway 99 West, SW Orenburg Road, SW Center Street and all that portion lying within.
the above described Parcels 1 and 2.
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CURVE DATA y' _u_ ___:,7,. 0j R = 38.00' ° `1n= -- I / •
. A = 75' 42' 20° COSTING RIG T-OF- -WAY CENTERLINE N4419'55
L
4
= 52.20' _ � �� {
CH = N 0478'53' W, 12 + $ ''-76-°c_1.-- 10 +00
48,19' N SW GREENBURG RD
s / I 13 - 5 A .
A 30 27' - 34" o m / I � �� L - 12.49' .t�,I' , / /,�4 CH = N5D7604 i • 't..-'•- 5 00" c4 12.35' • • :t :;.' -:-: ::• :.. 1 / e-TN
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SPIRAL DATA j } •j :. � X2S 2 2 a ° ' PARCEL 2
O R= 5729.58' J o R GHT- OF - -WAY bEDICA7ION � V 6 Sp s�
L = 40000' o 0 AREA 4,616 SQ.IFT /. .-
S = 2 ` a- i PARCEL 1 ,1 t:. 4 SOOO•
D = 1 ' 4 + FEE SIMPLE ' /, , I o
a = 0.25 , I AREA 1,703 SQ. FT.± . 0 st8 z
�Sg F./ '" X 0.24
9 9 S•c• of
PARCEL 3 E = i : r OS'•
4 TEMPORARY a x ` 3 0 •: + ,
', CONSTRUCTION 1 p 2 '
EASEMENT I ;•`:.
AREA 6,251 SO F7 4 L 4 4' J 3 4
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9.4 0 25 50 4 °•••°'•••■■• 0 0 loam FEE SIMPLE PARCEL 1 1,703 SQ.FT.±
FEET %/0/. RIGHT-OF-WAY DEDICATION PARCEL 2 4,616 SQ.FT.±.
I TEMPORARY CONSTRUCTION EASEMENT PARCEL 3 6,251 SQ.FT.±
SW GREENBURG /MAIN /HWY 99W INTERSECTION ,ems
�o C ITY OF TIGARD PROJECT NO.: 0567 HP aC111C
on •
a^ FILE N0: 001 'SUBMITTAL DATE: 10/13/09 REVD: 12/17/09
4 • 9755 SWIbrnea Rd, Sae 9OQ
TAX LOT: 01100 ADDRESS: 11965 SW GREENBURG RD i ikx�ac9rm
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- • g° TAX MAP: 2S102AA FILE NAME: 34246-- SURV- EXOI.DWG "" ' '"` � 00 '
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 22 day of November, 2010, I caused to be served the
3 foregoing STIPULATED GENERAL JUDGMENT OF CONDEMNATION on the following
4 party at the following address:
5 Harlan E. Jones
Michael G. Harting
6 Attorneys at Law
Jordan Schrader Ramis PC
7 Two Centerpointe Drive 6th Floor
Lake Oswego, OR 97035
8 Telephone: (503) 598 -7070
Facsimile: (503) 598 -7373
9 E -Mail: harlan .jones,jnjordanschrader.com
mike.hartinra jordanschrader.com
10
11 by:
U.S. Postal Service, ordinary first class mail
12 _ U.S. Postal Service, certified or registered mail,
_ return receipt requested
13 _ hand delivery
facsimile
14 electronic service
other (specify)
15
16
17 Jill S. Gelineau
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CERTIFICATE OF SERVICE SCHWABE. WILLIAMSON & WYATT P C
Attorneys at Law
Pacwest Center
1211 SW 5th Are Suite 1900
Portland OR 97204
Telephone 503 222 99E11 Fax 503 796 2900
PI)X /I 193561 161813'AMS'6763023 2