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Resolution No. 87-19 CITY OF TIGARD, OREGON RESOLUTION NO. 87-__J�J_ Iw f A tZE::SOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF A CERTAIN RSC}'T--OF-WAY FOR REALIGNML-_NT OF NORT'i DAKOTA STREET AT 115TH AVENUE AND AUTHORI'ZI'NG CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY. WHEREAS, the above-entitled matter came before the Council of the City of Tigard in executive session at its regular meeting of January 12, 1987; WHEREAS, Council has previously approved funding for the project to improve safety and reduce driver confusion at the intersetion; and WtIEREAS, it appearing to the Council that the City Council has authority under ORS Chapter 35 to acquire rights--of-;way from property o.iners by purchase, condemnation proceedings or any other means; and WHEREAS, it appearing to the Council that it is consistent with the powers and purposes of city government, and necessary for the continued growth, safety and welfare of the community that said streets be improved and that the right-of-way hereinafter described be a cquircd; and WHEREAS, it appearing to the Council that the proposed improvements are most compatible with the greatest public good and causes the least private injury; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council as follows: 1. That it is necessary for the preservation of the public health, safety and welfare of the City of Tigard that the city, in connection with the realignment of north Dakota Street- at 115th Avenue, exercise its power of eminent domain, if required, by acquiring the below--described right-of .say for said improvements. 2. That the governing body of the City of Tigard does hereby find and determine that the immediate acquisition by purchase or by condemnation, if necessary, of the following described right-of-way will provide for the improvement of North Dakota Street at 115th Avenue in a manner which wat' ' be most compatible with the greatest public good and the least private injury, said right-of-way being described in Exhibit "A" attached hereto and incorporated herein. RESOLUTION NO. 87- Jai Page 1 3. That the City Attorney for the City of Tigard shall be, `arid hereby is, authorized and directed to institute all necessary proceedings for the immediate condemnation of the above—described right--of—way and necessary easements, and may take the necessary steps for immediate possession of the said right—of—way. PASSED: This day of _1-���, 1987. Nfayor — City of Tigard ATTEST: City Recorder — City of Tigard RRW:cn>0509W i I f` 6 , RESOLUTION NO. 87— t Page 2 Right of Way Acquisition Description Exhibit "A" Ferrel, to Public Page 1 of 2 3MI "A" A tract of Sand lying in the Northwest ane-quarter (1/4) of the Southeast one-quarter (1/4) of Section 34. Township 1 South, Range I West, Willamette :Serdian. City of Tigard, Washington County, Oregon and being that portion of the tract of land conveyed to Edward F. Ferrel and Doris M. Ferrel, (Recorded Dec. 20, 1949) in Book 302 of the Washington County Deed Records, that lies northerly of the following described line: Beginning at a point that is S 0010' E 132.49 feet and S 0003' W 79.11 feet and N 86 38'28" E 30.053 feet from the northwest corner of the J.L. Hickin DLC No. 54 TIS, RIW, W.K.; said Beginning Point is also on the southerly line of that tract of land conveyed to Lawrence P. Kalsch and described in Book 1197, Pages 663 and 664 (Recorded Sept. 6, 1971) of the Washington County Deed Records; thence N 0003'00" E 67.41 feat to a point of curvature; thence northeasterly along the arc of a 20 foot radius curve to the right, through a central angle of 64045'29" (chord bears N 32025.44," E 21.421 feet) 22.605 feet to a point of roverse curve; thence northeasterly along the are of a 380.00 foot radius curve to the left, through a central angle of 10029'23" (chord bears N 59038147" E 66.373 feet) 68.465 feet to a point of reverse curve; thence northeasterly along thearc of a 320.00 foot radius curve to the right. through a central angle of 350 57'54" (chord bears N 72 28'03" E 197.586 feat) 200.967 feet to a point of tangency; thence S 89033100" E 0.23 foot more or less to a point on the east line of that tract of land, conveyed to Edward F. Ferrel and Doris H. Ferrel (Recorded Dec. 20, 1949) in Book 302 of the Washington County Deed Records, said point also lies 30 feet southerly at right angles to the center line of S.W. North Dakota Street, County Road No. 452. Bfisis of Bearing: Washington County, Plat of County Road No. 1992 j Dated November 1964. }E 1 1# i 8/20/86 86.SS1.I1� 1 N.W.COrnBr Exhibit A Sb.Hie I(J,17 O.[.C_ S4 Page 2 0l 2 2c�' -S BY'33 llOf.289.3-J� _� � �Q oaA 5 f• '® w 91 � Sd933 GOc �7• �' O ® Tax Lot No. 2300 p Tex Map No. IS-1-341)B Oc .r: Doris'M. Ferrel Deed Ref: Book 302 (recorded D.C. 20, 1949) Additional Right-of-Way contains 1983 Square Fee: more or as N $ O Ips O ,... �39' O 1� 2 � Z' 30 0.:X3 g Curve Cant-1 Chorki tic. Angle 9,mdltm Arc Chord Aomring 1 641''45'29" 20.00 22.605 21.421 N32o25'44"M 2 10,119'23" 280.010 68.465 68.373 N59038'47"¢ 3 35057'54" 320.00 200.967 197.583 £:72023'03"3. If 1 A 00 TXOA+A.L Y-OF-WA JV i 8/20/86 erc OSHA"A ATES,INIC• RIGMT OF WAY ACQUISITION MAP a' �747fC$ N'L�RTR DAnOTA STR?.i'i S 115Th AVENUE AQC t ate. a _ 1 s-zft. C111-1 OF TIGARD, OREGON /gym Mtmswr.0mtpn MOM