83-027517 ~ 72nd Avenue Ident. 36
STREET DEDICATION
63027517
KNOW ALL MEN BY THESE PRESENTS, that Southern Pacific Industrial
Development Company , a Texas Corporation
hereinafter called grantor(s) , for the sum of $ 1.00 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
1
To have and to hold the above-described and dedicated rights unto the Public
for the uses and purposes hereinabove stated.
The grantor(X) hereby covenants that they are the ownerbs) in fee simple and
have good and legal right to grant their rights above-described.
,,, ..'o. b, '♦'O:►:•:• ,:r;►.:q;J:f:► ♦ ..- ,...,,,,0•..,• u, q. iv .•74)4,1, .y.•• ..T..1.,• 6.4 ; • CI.4.4. :••• 4,1
IN WITNESS WHEREOF the undersigned corporation has caused this Street Dedication
to be executed by its duly authorized, undersigned officers acting pursuant to
resolution of its Board of Directors this a 77day of / .1?Pi G , 1983.
Southern Pacific Industrial •
Development Company
' Name of Corporation ,,
By: ( =r '1—.. '.-4-',--r-- ,r '
V!L.E , ,1 .;1. i,.:'3L-.i t+_ M/,NAGER
Attest: 1/442L141eyilite.
Assistant Secretary'"
STATE OF OREGON )
1 )
COUNTY OF )
i On this day of , 19 personally appeared the above named
and acknowledged the foregoing instr t to be their voluntary act and deed.
Ref. - Me:
Notary Public for Oregon
My Commission expires:
ACCEPTANCE
Approved as to form this 6 day of 19
BY: ‘AotA,, 5'.44/'_U'i.,rA
(174.41 Cty Attorney - City of Tigard
Approved as to legal description this 1--day of 1 : ; ,. 9
/ / /
�y _.�/ /Ait-,:%'J//,/ / ,':</'1 i::�('
Accepted by the City Council thisc2L1day of ,f44„,y , 1933.
By: 6-vt Vee- r--&- 1
City Recorder - City of Ti
7
/ 5
Right-of-Way Acquisition Description Exhibit "A"
Ident No. 36 Page 1 of 2
A parcel of land in the East z of Section 12, T.2S, R. 1W, W.M. , the
City of Tigard, Washington County, Oregon, more particularly described
as follows :
Being that portion of the tract of land described as Parcel No.
2 in Fee No. 79-028306 of Washington County, Oregon Records
(T.L. 2500 Map 2S-1-12A) which falls between a center line and
a line 25 feet westerly at right angles and parallel to said center
line, said center line described as follows:
Beginning at a point that is N 89038'24" E, 20.00 feet from
the recognized East 1/16th corner on the South line of said
Section 12 (the southwest corner of the East 2 of the south-
east 4 of said Section 12) noted as Point No. 289 on County
Survey No. 19, 127; thence along said center line N 0°21'36" W,
2646.33 feet to a point that is N 89040'44" E, 20.00 feet from
an iron pipe with a brass cap inside at the recognized 1/16
corner (the northwest corner of the East 2 of the southeast 4
of said Section 12) noted as Point "P" on County Survey No.
13,247; thence continuing along said center line N. 0°16'56" W,
2627.25 feet to a point at the end of said center line, that
is N 89°43'04" E, 20.00 feet from a stone at the recognized
1/16th corner (the northwest corner of the East 2 of the northeast
4 of said Section 12) noted as Point "B" on County Survey No.
13,247.
12/2/82
80. 194.118
STATE OF CALIFORNIA ll
City and County of San Francisco J ss.
On this .�R� day of /�I/9y in the year One Thousand Nine Hundred and Eighty T/,if'-
before me, B.T.OYARZO,a Notary Public in and for the City and County of San Francisco,State of California,personally appeared C.E Penner
(One Market Plaza) and T.F.O'Donnell known to me to be the Vice President and General Manager and Assistant Secretary,
respectively,of the corporation described in and that executed the within instrument,and also known to
{�/✓-/' ��xxx•,..✓l1fr����� .�r.-,rl me to be the persons who executed it on behalf of the corporation therein named and they acknowledged
B. T. OYARZO 1 to me that such corporation executed the same.
S /,r + NOTARY P.UTB. •CALIFORNIA
CITY AND COUNTY OF �► IN WITNESS WHEREOF,I have hereunto set myhand and affixed myofficial seal at myoffice in
` �i�j ff .ff .ff
1" SAN FRANCISCO the City and County of San Francisco, the day and year in this certificate first above written.
b. My Commission Expires May 11, 1985 1
Corporation Notary Public in and for the City and County o n Fr 'co, State of California.
My Commission Expires May I1, 1985
ir:%20 ..
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`` N 89043 E Exhibit "A"
Stone at r, ,
ognized 20.00 NoePage 2 of 2
1/16th Corner. (Point I
"B" on C.S. 13,247) 1
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i;n Scale: 1"=50'
Date: 12/3/82
Additional
Assessment Ident No. 36 I Right-of-Way
Tax Lot No. 2500 t :t1
Tax Map No. 2S-1-12A � `�' ` �''��
Deed Reference: Fee No. 79-0$8306I
Owner: Southern Pacific Industrial I 1 Brass Cap in Iron Pipe
.1_5
, ^ alt recognized 1/16th
Development Company I i corner .(Point "P" on C.S.
Additional Right-of-Way Contains
1680 Square Feet more or less fo' -,77..,;,\13,247)
Center Line Angle Point
I l
) 1 �
I if--- N 89°40'44" E
v 20.00
30' v
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N 89°38'24" E '
20.00
Pt. of Beginning of County Road ,
No. 922 (Point No. 289 on C.S. 19,127) ® _
/
DeHAAS 8i ASSOCIATES, INC. RIGHT OF WAY ACQUISITION MAP
CONSULTING ENGINEERS & SURVEYORS LID NO. 21
Suite 445-AGC Center (503) 682-2450 CITY OF TIGARD, OREGON
9450 S W Commerce Circle Res. 696-6105
W,lson,lle. Oregon 97070
Y 41 Filp Nn. PO-194. 118
440 410 ,
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
6Z17
I�
1983 RIJO - I RM 9: 45
5
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.2 Asphaltic Paving @ $0.85/fj.2 2,635.00
3,000 ft.2 Bark 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
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)
�c r .�_a. Street Dedication
a 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.
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
•
MARLIN J DE HAAS, P.E.
MJD/slc
Attachments
cc: Idents 51, 36, 38 and 45