2019-014339 ~ SW Greenburg/Main/Hwy 99W Intersection ~ Stipulated Cor. Gen. Judgement Condemnation Washington County,Oregon 2019-014339
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I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
•
• • Officio County Clerk for Washington County,Oregon,do hereby
•.,:s'k, certify that the within instrument of writing was received and
•
recorded in the book of records of said county.
Richard Hobernicht, Director of
Assessment and Taxation,Ex-Officio
After Recoding, Return to:
City of Tigard
City Recorder's Office — Records
13125 SW Hall Boulevard
Tigard, OR 97223
Name of Transaction: Stipulated Corrected General Judgement of Condemnation
C102909CV
Description: Pursuant to ORS 18.107, the court corrects Exhibit 1 of the original
stipulated general judgement of condemnation that was entered into on November 30,
2010, which contained an incomplete legal description of the subject property. The
recording of this stipulated corrected general judgement of condemnation C102909CV
corrects the original. This document replaces Recorded Document No. 86059827,
which was recorded on December 22, 1986
C102909CV
1
2
3
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 CORRECTED GENERAL
Plaintiff, JUDGMENT OF CONDEMNATION
8
v.
9
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,
12
Defendants.
13
14 Pursuant to ORS 18.107,the Court corrects Exhibit 1 of the Stipulated General Judgment
15 of Condemnation entered on November 30, 2010,which contained an incomplete legal
16 description of the subject property. This matter involved settlement of the condemnation action
17 of the real property located at 12035 (A,B, and C) and 12047 SW Pacific Highway, Tigard,
18 Oregon and identified as Washington County Assessor's Map 2S-1-02AA and Tax Lot 01100,
19 owned by defendant Tigard Auto Stop Partners. Defendant Tigard Exhaust and Brake was
20 dismissed by a limited judgment of dismissal entered on June 9,2010.
21 IT IS HEREBY ORDERED AND ADJUDGED:
22 1. The Property described in Exhibit 1 is appropriated for public purposes, and title
23 to that Property is vested in the City.
24 The acquisition and use consist of:
25 Parcel 1, described as "FEE SIMPLE"on the attached Exhibit 1,
comprises that part of the property the City acquired in fee simple
Page 1—STIPULATED CORRECTED GENERAL JUDGMENT
OF CONDEMNATION
EXHIBIT "1"
S.W. Greenburg/Main/Hwy 99W File No.: 001
City of Tigard Project No. 0567 Assessors Map: 2S 1 02AA
October 13, 2009 fax Lot No.: 01100
Revised December 17, 2009
Revised February 27, 2015
Parcels 1,2 and 3
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.
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 spiral 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.
Page 1 of 5
PARCEL 2(RIGHT-OF-WAY DEDICATION)
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. Greenburg
Road Centerline
48+40.82 State Highway 99 West to 61.93 feet from State Highway 99 West centerline,
11+31.89, S.W. Greenberg Rd. along the arc 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
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.
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.
The parcel of land to which this description applies contains 4,616 square feet,more or less.
Page 3 of 5
REGISTERED
PROFESSIONAL
AND SURV YOR
.. Ali tug
OREGON
JULY 13, 2004
t .S...COTT M. GRUBBS
54728
RENEWAL: 06-30-15
P:1Cuy of Tigar4O342461Survey\Documonts\Legal T)e cription:\34246.surv-lgO1.doc
Page 5 of 5
1 CERTIFICATE OF READINESS
2 I hereby certify that the foregoing proposed Judgment is ready for judicial signature
3 based on the following:
4 1. 0 Each party affected by the order or judgment has stipulated to the order or
5 judgment, as shown by each opposing party's signature on the document being
6 submitted.
2. D Each opposing party affected by this order or judgment has approved the order or
judgment,as shown by the signature on the document being submitted or by written
8
confirmation of approval sent to me.
9
3. ❑ I have served a copy of this order or judgment on all parties entitled to service
10
and:
11
a. ❑ No objection has been served on me.
12
b. ❑ I received objections that I could not resolve with the opposing party
13 despite reasonable efforts to do so. I have filed a copy of the objections I received
14 and indicated which objections remain unresolved.
15 c. ❑ After conferring about objections [role and name of opposing party]
16 agreed to independently file any remaining objections.
17 4. ❑ Service is not required pursuant to subsection(3)of this rule, or by statute,rule,
18 or otherwise.
19 5. ❑ This is a proposed judgment that includes an award of punitive damages and
20 notice has been served on the Director of the Crime Victims' Assistance Section as
21 required by subsection(5) of this rule.
22 DATED this 5th day of December,2018.
23
24
By: s/Shelby Rihala
25 Shelby Rihala
Page 1—CERTIFICATE OF READINESS