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83-027515 ~ 72nd Avenue ~ Durham Road ~ Upper Boones Ferry Road 40,110 41#01P DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070 9450 S.W. COMMERCE CIRCLE (503) 682-2450 May 31, 1983 Frank A. Currie, P.E. Director of Public Works City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Dear Frank: Attached are the following 72nd Avenue related documents which we are providing for consideration by the Council . Ident 51 (Fenwick) a. Street Dedication b. Easement for Utilities With respect to Ident 51, the taking on Boones Ferry Road was reduced from 12 feet to 7 feet and the taking on Durham Road was reduced from 5 feet to 0 feet. In addition, the property owner has graciously not required us to move the fence on Boones Ferry from its present location, replace the asphaltic paving already removed or build a retaining curb to retain fill on the reduced right-of-way. The resultant taking costs are calculated as follows : 1,841 ft.2 of land @ $3.00/ft.2 = $5,523.00 3,100 ft. Asphaltic Paving @ $0.85/fj. 2 2,635.00 3,000 ft.2Bark Dust @ $185/1,000 ft. 555.00 Move 2 trees @ $300.00 each 600.00 Easement for Utilities 1.00 Total $9,314.00 This compares with an amount of $19,425.00 appraised for the prior taking and improvements. The total amount due is $9,314.00 and the check for same should be written to Marjorie B. Fenwick, but sent in care of: James G. Driscoll Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman 1000 Willamette Center 121 S.W. Salmon Street Portland, Oregon 97204-2997 41400. Frank A. Currie, P.E. City of Tigard May 31, 1983 Page 2 Ident 36 (SPIDC) --a. Street Dedication b. Easement for Utilities c. Construction Easement With respect to Ident 36, the 5 foot Street Dedication has been granted for $1.00. This compares with the appraised value of the 10 foot taking of $9,300.00. A check in the amount of $3.00, $1.00 for each of the instruments, should be written to the Southern Pacific Industrial Development Company. It should not be necessary to record the Construction Easement. Ident 38 (SPIDC) a. Construction Easement With respect to Ident 38, the Construction Easement has been dedicated for $1.00. A check in the amount of $1.00 should be written to Southern Pacific Industrial Development Company. It should not be necessary to record the Construction Easement. Ident 45 (Peterson) pc e< �. � — a. Street Dedication - b. Easement for Utilities —" "� ; c. Construction Easement With respect to Ident 45, we have had a long and continuing negotiation with Don Peterson. He has had strong concern for the location of signals poles, etc. which will be along his frontage. We were never able to obtain a Right-of-Entry on this property and, as a result, redesigned the storm drainage and otherwise had our Contractor work around the property to keep the project going. While the final agreed price of the Street Dedication is higher than the appraisal value ($4.30/ft.2 vs $3.75/ft.2) , it is our opinion further approaches would be fruitless. Note that last minute negotiation reduced the final taking cost from $3,300.00 to $3,143.30. is ” '000, Frank A. Currie, P.E. City of Tigard May 31, 1983 Page 3 The total taking costs are calculated as follows : 731 ft.2 @ $4.30/ft.2 $3,143.30 Easement for Utilities 1.00 Construction Easement 1.00 $3,145.30 This compares with an amount of $5,513.00 appraised for the prior taking. We believe every reasonable effort has been made to secure this right-of-way at least cost and that the cost risk of condemnation proceedings cannot be justified to recover the $365.50 amount by which the agreed settlement exceeds the appraised cost. We recommend acceptance of the executed documents for the total amount of $3,145.30. Sincerely /lt I� 0" MARLIN JDE HAAS, P.E. MJD/slc Attachments cc: Idents 51, 36, 38 and 45 Ident. 51 4 STREET DEDICATION 83027515 KNOW ALL MEN BY THESE PRESENTS, that Marjorie B. Fenwick hereinafter called grantor(s), for the sum of $ 9,314.00 grant and dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See Exhibit "A" Attached To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. The grantor(g) hereby covenants that k (she) { Ry) is (mcg) the owner(g) in fee simple and have good and legal right to grant big (her) (tbax4 rights above-described. IN WITNESS WHEREOF, the grantor(s) ntor(s) has (have) hereunto set his (her) (their) hand(s) and seal(s) this 25day of , 19T3 . (SEAL) ' /„,„, ,,.„ • 4 , . r (SEAL) (SEAL) (SEAL) STATE OF OREGON ) d( ) ss. COUNTY OF „� ,... ► ) BE IT REMEMBERED that on this 2? day of �d , 19 Y3' , before me the undersigned Notary Public in and for fhe State of Oregon personally appeared the within-named lil,'G aur 3 . S; w _ • J who is (are) known to me to he the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Z s day of i " 1��4 Not Pub is for Oregon My,Commission Expires: 6 Approved as to form this 1,3 day of Ayle,(_, , 19 e Cityttorncy - City o igard Approved as to legal description this j%' day of / 19 • Approved this tit c7 day of _ J-_11( , 19 83 CITY COUNCIL, CITY OF TIGARD, OREGON B y: !��-�- I Right-of-Way Acquisition Description Exhibit "A" Ident No. 51 Page 1 of 3 • Two (2) parcels of land in the N.E. 1/4 of Section 13, T.2.S. , R. 1.W. , W.M. , the City of Tigard, Washington County, Oregon, more particularly described as follows: Parcel 1 being that portion of the property described as Tract 2 in Book 1134, Page 770 and in Book 587, Page 171 of the Deed Records of Washington County, Oregon (T.L. 1200, Map 2S-1-13A) that lies within the following described parcel . Beginning at the point of intersection of the northwesterly right-of-way of S.W. Upper Boones Ferry Road (a 60 foot wide right-of-way) (County Road No. 534) and the northeasterly right-of-way of S.W. Durham Road (a 60 foot wide right-of-way) (County Road No. 534) ; thence N 49°19'55" E along the northwesterly right-of-way of S.W. Upper Boones Ferry Road 320.512 feet to a point; thence leaving the said northwesterly right-of-way S 51°55'52" W, 154.354 feet to a point that is northwesterly 37 feet at right angles to the center line of said S.W. Upper Boones Ferry Road; thence S 49°19'55" W along a line 37 feet northwesterly at right angles and parallel to the center line of said S.W. Upper Boones Ferry Road 141.897 feet to a point of curve; thence southwesterly along a 45-foot radius curve to the right (the radius point of said 45-foot radius curve is 82 feet at right angles to the center line of S.W. Upper Boones Ferry Road and 70 feet at right angles to the center line of S.W. Durham Road) through a central angle of 43°45' 36" (long chord bears S 71°12'42" W, 33.540 feet) 34.369 feet to a non-tangent point on the northeasterly right-of-way of said S.W. Durham Road; thence S 59°38' 32" E, 20.619 feet to the Point of Beginning. Parcel 2 being that portion of the property described as Tract 2 in Book 1134, Page 770 and Book 587, Page 171 of the Deed Records of Washington County, Oregon (T.L. 1200, Map 2S-1-13A) that lies within the following described parcel . Beginning at the point of intersection of the northwesterly right-of-way of S.W. Upper Boones Ferry Road %mov Right-of-Way Acquisition Description Exhibit "A" Ident No. 51 Page 2 of 3 (a 60 foot wide right-of-way) (County Road No. 534) and the south- westerly right-of-way of S.W. Fanno Creek Place (a 40 foot wide right-of-way) ; thence N 44056' 13" W along the said southwesterly right-of-way of S.W. Fanno Creek Place 13.559 feet to a point; thence southeasterly along a 14-foot radius curve to the right (the radius point of said 14-foot radius curve lies 34 feet south- westerly at right angles to the center line of S.W. Fanno Creek Place and northwesterly 42.520 feet at right angles to the center line of said S.W. Upper Boones Ferry Road) through a central angle of 67040'37" (long chord bears S 11°05'55" E, 15.592 feet) 16.537 feet to a point on the said northeasterly right-of-way of S.W. Upper Boones Ferry Road; thence N 49019'55" E, 8.707 feet to the Point of Beginning. 2/7/83 CRC 80.194.118 r, iL.:...it u,,,® • Exhibit "A" cA o Page cof3 03 P .O.B. �,' , ` S.W. FANNO CREEK PLACE Parcel 2 o _ N N 44°56' 13" W 13.559 l 1 a'M o1 c o N • © - 0 77)= 5/8" Iron Rod Parcel 2 ' m b 8.7074- 0 CURVE DATA 4-) A A = 43°45'36" . a Radius = 45.00 - I O� Arc = 34.369 i � Chord = 33.540 Ln , ti �\ M q,� Chord S�a�'• Bearing = S 71°12'42" W T Oa = 67°40'37" c.1I Radius = 14.00 3 Arc = 16.537 N i I Chord = 15.592 Ln i M Chord Ln Ln Bearing = S 11°05'55" E o 01 o 01 in op z Ln its i30' i `t A .------- -.. , c 1 I t = 1 0 U • .` v Assessment Ident No. 51 /I o Tax Lot No. 1200 c) Tax Map No. 2S-1-13A co Deed Reference: Book 587, Page 171 and -' `•cr c) I 3 LLJ Book 1134, Page 771 i n Owner: Marjorie B. Fenwick 0' 1 , N Additional Right-of-Way Contains 37 ., '-�ao 1841 Square Feet more or less w 1 d- m - l N - Ln Ln CC Parcel 1 LO --n ^ a - ad , • I o) o CO o rn .-+ Cr) •ct• 3 z i 1 ' 37.00' N ■ Additional %1.� i Right-of-Way ` © ' l c l c o g,` P.O.B. LO i '� S 5 2� 619 Parcel 1 A r Railroad Spike at End o of County Road No. 534 - ( . g 16 61 53A1 In LO dNO• rn CO c 5go3$�32` 6°urty R°a Cn 1O rn N p 3/4" Iron Pipe at ( ./ - ' UR0 f County 'oad , `" / SW, � o. 531 1� AmmetastemlEa DeHAAS & ASSOCIATES INC.� RIGHT-OF-WAY ACQUISITION MAP CONSULTING ENGINEERS & SURVEYORS LID NO. 21 Swte 445-AGO Center (503) 682-2450 CITY OF TIGARD, OREGON 9450 S W Commerce Circle Res. 638-6195 Wilsonville, Oregon 97070 . File No. 80. 194. 118 �-- ....._. ... • 4 • STATE OF OREGON County of Washington SS I, Donald W.Mason,Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said,county,do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio Chief Deputy Clerk I/ 1983 R! - i Ai4 9: 4+5 S