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83-027520 ~ 72nd Avenue ~ Carman Drive a � STREET DEDICATION *.w Ident. 45 KNOW ALL MEN BY THESE PRESENTS, that Donald E. Petersen an. Rosalyy 3 m. 2 7 5 2 Petersen, an estate in fee simple, f p hereinafter called grantor(s), for the sum of $4ragg,44iii. 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(s) hereby covenants that .be (the) (they) i' (are) the owner(s) in fee simple and have good and legal right to grant 4640k4 (their) rights above-described. IN WITNESS WHEREOF, the grantor(s) lm-s- (have) hereunto set-hi-s- (her) (their) hand d sea th° 4,0 ,/ day o April , 19 83 . /dAi %►- / ' (SEAL) (SEAL) ;J/r, (SEAL) (SEAL) STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON) BE IT REMEMBERED that on this —day of44(0;/ , before me the undersigned Notary Public in and for the State of Oregon personally. appeared the within-named .1) 2 Ae_ifedO r. . cO A / i5 cc� who 4.s-(are) known to me to be 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. I TESTfIMONY WHEREOF, I have hereunto set my hand and seal this 7D ay of , -41(./ 1'- No ary Pub is f.r Oregow' My Commission xpires:_ /rf iekke,61,6 Approved as to form this 13 day of C� , 19 . By: a44- /J CityAttorney - City of Tigard Approved as to legal description this -4 day of l � ) . Approved this 0Q0 day of � uh� , 19 83. CITY COUNCIL, CITY OF TIGARD, OREGON By: e-kt-e„, ii� may( • iove ,001,10, Right of Way Acquisition Description Exhibit "A" Ident. No. 45 Page 1 of 2 A parcel of land in the S.E. 4 of Section 12, T.2S. , R. 1W, W.M. , Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Fee No. 79-051497 (Purchase Agreement) of the Washington County, Oregon Records (T.L. 600, Map 2S-1-12DC) which falls between a center line and a line 25 feet westerly at right angles and parallel to said center line, said center line being described as follows : Beginning at a point that is N 89°38'24" E 20.00 feet from the recognized East 1/16 corner on the South line of said Section 12 also being the Point of Beginning of County Road No. 922 noted as Point No. 289 on County Survey No. 19,127; thence N 0°21'36" W, 2646.33 feet to a point, that is N 89°40'44" E, 20.00 feet from an iron pipe with a brass cap at the recognized 1/16 corner shown as Point "P" on County Survey No. 13,247. 12/7/82 80. 194.118 Exhibit "A" - Page 2 of 2 4_ ------- N 89°40'44" E Brass Cap in Iron Pipe at —f'�-- 20.00 Recognized 1/16th Corner ' (Point "P" on C.S. 13,247) '...-/ i c 1 •r J I L I a) v I 't7 I °' Cl. Ico U M a 1 . � rn I .:1ic lD •r N .4: tn •r W Scale: 1"=50' I � Date: 12/7/82 I I ,\ Assessment Ident. No. 45 I X20' Tax Lot No. 600 Tax Map No. 2S-1-12DC ' Deed Reference: Fee No. 79-051479 I .- 25 , �o (Contract Assignment) ( 4. `li Owner: Donald E.FandNRosalY-02o. M702 E z Ca'rc° vr\ve eePetersen I "'. l0 al Additional Right-of-Way contains I 731 Square Feet more or less , 1 c 30' o Y / U 1 • ' ; 0 Additional w 1i Right-of-Way w m c * If Z > a -0 ' z / '1'.' 1 N y N. " 1r Recognized East 1/16th Corner / a ° Pt. of Beginning of County Road L 3 , 3 No. 922 (Point No. 289 on a M N C.S. 19,127) / _ / 0 N \- O / O Z 0-// -1 _____i N 89°38'24" E / 20.00 DeHAAS & ASSOCIATES, INC. RIGHT-OF-WAY ACQUISITION MAP CONSULTING ENGINEERS & SURVEYORS LID NO. 21 Suite 445-AGC Center (503) 6e2-2450 CITY OF TIGARD, OREGON 9450 S W Commerce Circle Res. 636-6195 Wilsonville. Oregon 97070 i ' File No. 80. 194.118 ,,-- *11110 44‘ 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 61 1983 f ly!:; -- 1 RH 3: 45 "l� Ng, wrr 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 .f7 Frank A. Currie, P.E. City of Tigard May 31, 1983 Page 2 Ident 36 (SPIDC) = a. Street Dedication e -- > 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 • 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.4 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 ,11,! '17 rO MARLIN J DE HAAS, P.E. MJD/slc Attachments cc: Idents 51, 36, 38 and 45