Resolution No. 20-29 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO.20-
A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY OF THE PURPOSE OF
CONSTRUCTING PUBLIC UTILITIES AND RELATED IMPROVEMENTS ADJACENT TO AND
ALONG SW FREWING STREET FROM SW PACIFIC HIGHWAY TO ASH AVENUE AND
AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY
WHEREAS,the City Charter grants the City of Tigard ("City") the authority to acquire land f'or public
purposes;and
WHEREAS,the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase, acquire,
condemn, use,and enter upon property within or without its corporate limits as provided for by law;and
WHEREAS,the construction of Frewing St Stormline Replacement Project(CIP 94041),is in the public
interest and is an approved capital improvement project identified in the City of Tigard Capital Improvement
Plan(the"Project");and
WHEREAS,to accomplish the Project,it is necessary to acquire easements for public utilities,related
temporary construction easements,and it may be necessary to obtain immediate possession of property to
complete the Project in a timely manner.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that;
SECTION 1: The public improvements for the Project have been planned,designed,located and will be
constructed in a manner that will be most compatible with the greatest public benefit and the
least private injury or damage.
SECTION 2: It is in the public interest and necessary to acquire utility easements,temporary construction
easements, and related property interests as shown in Exhibits 1 through 4,attached hereto
and incorporated herein,so as to locate and construct the Frewing St Stormline Replacement
Project (CIP 94041).
SECTION 3: City staff and legal counsel are authorized and directed to negotiate in good faith with the
owners and other persons holding an interest in the real property described in the attached
Exhibits 1 through 4. If the City Manager or her designee determines that a satisfactory
agreement for acquisition of any property or interest therein is not likely to be reached in a
timely manner,then staff and legal counsel are authorized to obtain immediate possession
and to file and take all such actions as are necessary to pursue eminent domain proceedings
in the name of the City of Tigard for acquisition of such property. -
SECTION 4: Upon the trial of any suit or action to acquire the real property-interests, legal counsel is
authorized to make such stipulation,agreement,or admission as in their judgment may be in
the interest of the City of Tigard and to take possession of the real property at such time as
is appropriate in their judgment without necessity of further City Council approval.
SECTION 5: This resolution is effective immediately upon passage.
PASSED: This ( �h_day of_ _2020.
Resolution No 20-
Mavor-City of Tigard
ATTEST:
City Recorder—City of Tigard
Resolution No 20--� Y
EXHIBIT'1-A'
SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CB
MAY 12, 2020 TAX LOT 03400
PERMANENT STORM EASEMENT
A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,
RANGE 1 WEST,WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON AND BEING A PORTION OF
THAT TRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2013-034138,WASHIINGTON
COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY OF SOUTHWEST FREWING STREET SAID
POINT BEING 20.00 FEET FROM THE CENTERLINE THEREOF SAID POINT ALSO BEARS SOUTH 60°45'07"
EAST FROM A 5/8" IRON ROD MARKING THE EASTERLY MOST CORNER OF THAT TRACT OF LAND BEING
DESCRIBED IN DOCUMENT NUMBER 2012-083145 WASHINGTON COUNTY DEED RECORDS;THENCE
SOUTH 82047'18"WEST 54.61 FEETSAID POINT BEING ON THE NORTHERLY LINE OF SAID TRACT
DESCRIBED IN DOCUMENT NUMBER 2013-034138;THENCE SOUTH 07°12'42"EAST 26.00 FEET;THENCE
NORTH 82047'18" EAST 80.00 FEETTO A POINT ON THE WESTERLY LINE SOUTHWEST FREWING STREET;
THENCE ALONG SAID WESTERLY LINE NORTH 51032'00"WEST 36.34 FEET TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS IS SOUTH 51°32'00" EASTALONG THE CENTERLINE OF SW FREWING STREET.
CONTAINING 1,750 SQUARE FEET MORE OR LESS.
PREPARED BY:CESNW
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
MAY 21, 2013
PAUL ALLEN KOHN
In
58964PLS
RENEWS: 6/30/21
Page 1 of 2
EXHIBIT '1-B'
LOCATED IN THE SOUTHWEST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
0
N
_ - SW FREWING STREET (C.R. 713)
T-
- -
S51°32'00"E
0
S60°45'07"E i N
30.58'
i
N51032'00"W
36.34'
5/8" IRON ROD /
POINT OF BEGINNING
DOCUMENT NUMBER / ��$O•
2012-083145
\SO /
DOCUMENT NUMBER
TEMPORARY \ 2013-034138
CONSTRUCTION
EASEMENT
REGISTERED
PROFESSIONAL
LAND
�SURVEYOR
OREGON
MAY 21, 2013
T PAUL ALLEN KOHN
� 58964PLS
20 10 0 20
RENEWS: 6/30/21
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13190 SW 68th Parkway,Suite 150 5/12/20
L CES NW Tigard, Oregon 97223 PERMANENT STORM EASEMENT
503.968.6655 www.cesnw.com 10035 SOUTHWEST GARRETT STREET PAGE
i 20f2
EXH I BIT'2-A'
SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CB
MAY 12,2020 TAX LOT 03400
TEMPORARY CONSTRUCTION EASEMENT
A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,
RANGE 1 WEST,WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON AND BEING A PORTION OF
THATTRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2013-034138,WASHIINGTON
COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF THATTRACT OF LAND DESCRIBED IN DOCUMENT
NUMBER 2013-034138,SAID POINT BEARS NORTH 51°47'02" EAST 5.03 FEET FROM A 5/8"X 30" IRON
ROD MARKING THE MOST EASTERLY CORNER OF THATTRACT OF LAND BEING DESCRIBED IN
DOCUMENT NUMBER 2012-083145 WASHINGTON COUNTY DEED RECORDS,SAID POINT OF BEGINNING
BEING 20.00 FEET FROM THE CENTERLINE OF SOUTHWEST FREWING STREET;THENCE ALONG THE
NORTHERLY LINE OF SAID DOCUMENT NUMBER 2013-034138 SOUTH 51°47'02"WEST 60.49 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 55°30'28" EAST 39.47 FEET;THENCE SOUTH 33°05'00"
EAST 37.56 FEET;THENCE NORTH 56°55'00" EAST 40.69 FEET,THENCE 12.02 FEET ALONG THE ARC OF A
25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WITH A CENTRAL ANGLE OF 27033'27"WHICH THE
LONG CHORD BEARS NORTH 70041'44" EAST 11.91 FEET;THENCE NORTH 84°28'28" EAST 27.84 FEET TO
THE WESTERLY LINE OF SOUTHWEST FREWING STREET;THENCE ALONG SAID WESTERLY LINE NORTH
51032'00"WEST 100.33 FEET TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS IS SOUTH 51032'00" EASTALONG THE CENTERLINE OF SW FREWING STREET.
CONTAINING 5,035 SQUARE FEET MORE OR LESS.
PREPARED BY:CESNW
m
EDNALEYOR {n113KOHNS
RENEWS: 6/30/21
Page 1 of 2
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'EXHIBIT 2-B'
LOCATED IN THE SOUTHWEST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
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13190 SW 68th Parkway,Suite 150 TEMPORARY CONSTRUCTION DATE
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503.968.6655 www.cesnw.com 10035 SOUTHWEST GARRETT STREET PAGE
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EXHIBIT'3-A'
SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CA
MAY 12, 2020 TAX LOT 01300
PERMANENT STORM EASEMENT
A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,
RANGE 1 WEST,WILLAMETTE MERIDIAN,WASHINGTON COUNTY, OREGON AND BEING A PORTION OF
THATTRACT OF LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2012-021078,WASHIINGTON
COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE EASTERLY LINE OF SOUTHWEST FREWING STREET SAID POINT BEING
20.00 FEET FROM THE CENTERLINE THEREOF,SAID POINT ALSO BEARS SOUTH 51°32'00" EAST 170.24
FEET FROM THE WESTERLY MOST CORNER OF THAT TRACT OF LAND BEING DESCRIBED BY DEED IN
DOCUMENT NUMBER 2012-021078 AND BEING MARKED BY A RAILROAD SPIKE;THENCE NORTH
82047'18" EAST 60.00 FEET;THENCE SOUTH 07°12'42" EAST 30.00 FEET;THENCE SOUTH 82047'18"
WEST 30.70 FEETTO A POINT ON THE EASTERLY LINE OF SOUTHWEST FREWING STREET;THENCE
NORTH 51°32'00"WEST 41.93 FEETALONG SAID EASTERLY TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS IS SOUTH 51032'00" EASTALONG THE CENTERLINE OF SW FREWING STREET.
CONTAINING 1,360 SQUARE FEET MORE OR LESS.
PREPARED BY:CESNW
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DNALYOORv In
13OHN
RENEWS: 6/30/21
Page 1 of 2
EXHIBIT '3-B'
LOCATED IN THE SOUTHWEST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
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2012-021078 6,
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REGISTERED
PROFESSIONAL
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PAUL ALLEN KOHN
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RENEWS: 6/30/21
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DATE
5 T 13190 SW 68th Parkway,Suite 150 DATE 0
L 1`I Y Tigard, Oregon 97223 PERMANENT STORM EASEMENT
\ 503.968.6655 www.cesnw.com 9915 SOUTHWEST FREWING STREET PAGE
2of2
EXHIBIT'4-A'
SOUTHWEST FREWING STREET(COUNTY ROAD 713) TAX MAP 2S102CA
MAY 12,2020 TAX LOT 01300
TEMPORARY CONSTRUCTION EASEMENT
A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE QUARTER OF SECTION 2,TOWNSHIP 2 SOUTH,RANGE 1
WEST,WILLAMETTE MERIDIAN,WASHINGTON COUNTY,OREGON AND BEING A PORTION OF THATTRACT OF
LAND DESCRIBED BY DEED IN DOCUMENT NUMBER 2012-021078,WASHIINGTON COUNTY DEED RECORDS,
BEING DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE EASTERLY LINE OF SOUTHWEST FREWING STREET SAID POINT BEING 20.00 FEET
FROM THE CENTERLINE THEREOF,SAID POINT ALSO BEARS SOUTH 51°32'00" EAST 138.01 FEET FROM THE
WESTERLY MOST CORNER OF THAT TRACT OF LAND BEING DESCRIBED BY DEED IN DOCUMENT NUMBER 2012-
021078 AND BEING MARKED BY A RAILROAD SPIKE;THENCE NORTH 82°47'18" EAST 100.00 FEET;THENCE SOUTH
07°12'42" EAST 70.00 FEET;THENCE SOUTH 82°47'18"WEST 31.96 FEET TO A POINT ON THE EASTERLY LINE OF
SOUTHWEST FREWING STREET;THENCE NORTH 47°44'58"WEST 3.49 FEET ALONG SAID EASTERLY LINE;THENCE
NORTH 51°32'00"WEST 94.13 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.
THE BASIS OF BEARINGS IS SOUTH 51032'00" EAST ALONG THE CENTERLINE OF SW FREWING STREET.
CONTAINING 4,608 SQUARE FEET MORE OR LESS.
PREPARED BY:CESNW
REGISTERED
PROFESSIONAL
LAND SURVEYOR
w,21 A- - �.9�-._
OREGON
MAY 21, 2013
PAUL ALLEN KOHN
58964PLS
RENEWS: 6/30/21
Page 1 of 2
EXHIBIT '4-B'
LOCATED IN THE SOUTHWEST ONE QUARTER OF
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY, OREGON.
n
/ \sono
DOCUMENT NUMBER
2012-021078 / O
POINT *zl/ pl
OF
BEGINNING / �p�/ \ `
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N5 032'02"W / 5/
RAILROAD SPIKE �'o0 94.13'
�o N47°44'58"W
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i
SW FREWING STREET(C.R. 713)
S51032'00"E
REGISTERED
PROFESSIONAL
LAND
/nSURVEYOR
30 15 0 30 w`QJ F� �j�
OREGON
MAY 21, 2013
PAUL ALLEN KOHN
58964PLS
v
'v RENEWS: 6/30/21
v
n
DATE
13190 SW 68th Parkway,Suite 150 TEMPORARY CONSTRUCTION
S NW Tigard, Oregon 97223 EASEMENT 5/12/20
503.968.6655 www.cesnw.wm PAGE
9915 SOUTHWEST FREWING STREET 2 of 2