Resolution No. 88-39 CITY OF TIGARD, OREGON
RESOLUTION NO. 88- -:�-T
A RESOLUTION OF THE TIGARD CITY COUNCIL CONDEMNING PORTIONS OF
130TH AVENUE (UNDEDICATED) AS DESCRIBED IN ATTACHED EXHIBITS A,
B AND C.
WHEREAS, pursuant to ORS Chapters 2Z3 and 281 , the City of Tigard
(the City) is duly authorized to acquire private property for the
benefit of the public; and
WHEREAS, the City deems it to be in the public interest and for a
public purpose that the City condemn real property known as
portions of 130th Avenue (undedicated), the description of which
is attached as Exhibits A, B and C (the Property); and
WHEREAS, Don Morrisette Builders, Ir^. (Morrisette) is purchasing
prt-perty (the Development) in the City of Tigard abutting and to
the east of a strip of land known as 130th Avenue; and
WHEREAS, Falcon Rise Drive and Winterlake Drive intersect with
130th Avenue, anti together said streets :.ill provide acc=Qss to the
Development; and
WHEREAS; in order to implement the City's Comprehensive Plan by
completing access to the Development via the Property; and
WHEREAS, the City and Morrisette have entered into a condemnation
agreement with regard to the Property; and
WHEREAS, the City is without budgeted funds for such condemnation
and Morrisette will provide the necessary capital to accomplish
such condemnation;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
1. There is a public need for the City to condemn the property
described in Exhibits A, B and C for the general welfare of
the public for the purpose of providing access to the
Development in accordance with the City's Comprehensive
Plan.
2. The City and its attorneys shall be authorized to attempt to
obtain the agreement of the owners and other persons with
legal interest in the real property, as listed in Exhibit
D, regarding compensation to be paid for the property
described in Exhibits A, B and C. In the event that no
satisfactory agreement can be reached, then the attorneys for
the City are hereby directed and authorized to .........en_ce and
f.
1
RESOLUTION NO. 88
Page 1 of 2
prosecute to final determination such proceedings as may be
necessary to acquire the real property interests required.
Upon the filing of such proceedings, possession of the real
property described in Exhibits A, B and C shall be taken
immediately in accordance with the applicable law.
PASSED_ This �i�'� day of ��CL , 1988.
Mayor - City of Tigard
AT'T✓ESST_
Recorder - City caf Tigard
r
RESOLUTION No. 88-_;r-7
Page 2 of 2
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EXHIBIT A
L A N D D E V E L O P M E N T C O N S U L T A N T S. I N C.
PLANNING - CIVIL ENGINEERING - SURVEYING
?09 N_ E. Lincoln Street
Hillsboro, Oregon 97124
(503) 648-4061
Bob Oquist, PLS .Tim Nims, PE
Ryan O'Brien, Planner Joe Thompson., Project Mgr.
A tract of land located In the SE 1/4 of Sect±on 33, T.1S.,
R.1W., W.M., City of TigAzd, W.whington County, Oeegou, ..z_a„
more particularly described as follows:
Beginning at the soutboast corner of 'Tract C", "ARI GREEN", -a
plat of record, said point being also on the north right-of-way
line of SE Winter Lake Drive; thence along the are of a 270.00
f 0 __dlua c_ -�_ ciacava t> _ a _.. ,_el nneln of
205'14", adistance of 9.84 feet, (chord bears
S790 41'14"F.,
9.84 feet) to a point of tangency; thence SBOO 44'48"E, 30.73
feet to the west line of Lot 120 -A$HI VALLEY TRAGTb-, also a plat
of record; thence along said It... SO° 01'37"E, 60.80 feet;
thence leaving sold line, N80o 44'48"W, 40.53 feet to the east
line of said "ARI GREEN"; thence along said line, NOo 01'37"W,
60.98 feet to the point of beginning.
Containing 2,432 sq. ft.
wp 2 l.1 1�a rce�l�r�,irxs
REGISTgI
PROFESS
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EXHIBIT A
EXHIBIT B
L A N D D E V E L O P M E N T C O N S U L T A N T S, I N C.
PLANNING - CIVIL ENGINEERING - SURVEYING
209 N. E. Lincoln Street
Hillsboro, Oregon 97124
(503) 648-4061
Bob Oquist, PLS Ji: HimVPE
a7z= B.s_ _.
' n74 _e_ Joe Thom.—- Projectu6;.
A tract of land located in the SE 114 of Sec'LiGn 33, T.1S.,
R.lW. , W.M., City of Tigard, Washington County, Oregon, being
more part±cularly described as follows;
Beginning at a point on the easterly extension of the north
sight-of-way line of SW Falcon Rise Drive which bears N680
07-27"E, 51.31 feet from the southeast corner of Lot 35, "Morning
Hill No. I-, a plat of record; thence contiauing along said line,
N68o 07'27"E. 43.10 fear re the t-ect 11=e ,.a Lct n, -11" v�TT rV
8-"-'
TRACTS", also a plat of record; thence along said line, SO
01'37"E, 53.87 feet; thence leaving said line, S680 07'27"W,
43.10 feet t8 the west line of Lot 8, said plat; thence along
said line NO 01'37"W, 53.87 feet to the point of beginning.
Containing 2,155 sq. ft.
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EXHIBIT B
I EXHIBIT C i
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EXHIBIT C j – --- -
EXHIBIT D
Title to said Estate or interest at the date hereof is vested
in:
ELMER J. PEARL,
as to an unaividea 1/6 interest;
LESTER B. PEARL,
as to an undivided 1/6 interest;
J. WARREN PEARL,
as to an undivided 1/6 interest;
EVELYN B. SCHELL,
as to an undivided 1/6 interest;
HELEN B. ERVIN,
as to an undivided 1/6 interest;
DELFORD J. WEBER,
as to an undivided 1/12 interest,
and
The Heirs and Devisees of
OVETA M. BARNES, deceased,
as to an undivided 1/12 interest,
all as tenants in Common;
ot'URCE. Pirst Amarican Title Insurance Company of Oregon title
report dated October 13, 1987; Guarantee No. 362803
EXHIBIT D