Resolution No. 90-04 CITY OF TIGARD, OREGON II
F4 RESOLUTION NO. 90-2
A RESOMMT10-V DECL&RINC Tff-- N—MCESSITY AND PURPOSE FOR THE ACQUISITION OF CZaTaIll
REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W. 121ST AVENUE
AND THE FULL USE AND ENJOYHENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND
AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY.
WHEREAS, pursuant to Oregon Revised Statutes Chapters 223, 281, and 35, the
City of Tigard is authorized to appropriate any private real property and
interests therein for any public use for the general benefit and use of the
people of the City, including but not limited to rights-of-way and property
adjoined thereto; and
WHEREAS, the Transportation Advisory Committee recommended that S.W. 121st
Avenue be widened and sidewalk be constructed along S.W. 12let Avenue to
improve safety for pedestrians and motorists; and
WHEREAS, for the health, safety, benefit and general welfare of the public, the
City of Tigard plane to construct street improvements, including sidewalk
improvements, along S.W. 121st Avenue between Scholls Ferry Road and
Burlheights Drive and to protect the full use and enjoyment by the public of
such street improvements; and
WHEREAS, it appearing to the City Council that the proposed improvements are
most compatible with the greatest public good and the least private injury or
damage;
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that.
t Section 1. The City of Tigard does hereby find and declare that there is
needed and required for the location, construction, operation,
maintenance, repair, and improvement of S.W. 121st Avenue, real
property and interest therein more particularly set Forth and
described in Exhibit A attached hereto and by this reference
Incorporated herein.
Section 2. The locat=on, construction, operation, maintenance, repair, and
Improvement of the S.W. 121st Avenue improvement project for
which the real property and the interests therein described in
Exhibit A are required are being taken as necessary in the public
interest and said street improvements have been planned,
designed, located, and will be constructed in a manner that will
be most compatible with the greatest public benefit in the least
private injury or damage.
�( RESOLUTION NO. 90-a�"
Page 1
Section 3. The City of Tigard and its designees are hereby authorized to
attempt to agree with the owners and other persons in interest in
.. the real property and interests described in Exhibit A as to the
compenratio,-, _o bw- paid for the appropriation of the property,
and, in the event that no satisfactory agreement can be reached,
then the attorneys for tha city of Tigard are hereby directed and
authorized to commence and prosecute to final determination such
proceedings as may be necessary to acquire the real property and
the interests therein and that upon the filing of such
proceeding, possession of real property and interest therein may
be taken immediately.
PASSED: By 17n1J4..N I vote of all Council members present after
being read by number and title only, this - ->,�d day of
1990. Gi
City Recorder, City of Tigard
APPROVED: This C/ day of A-10- l Q��.<�_^,7 1990. /y
e
Mayor.,
City-8Y T' and
rw/121st.RES
RESOLUTION No. 90-
Page 2
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EXHIBIT"A"
LANDS OFTEN:F IRS,rANIERICAN'I'ITI.E INSURANCE COMI-ANY,
AS'1'RUS'I'I:F, e
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Legal Description for Additional Right-of-Wav Dedication
A parcel of land located in that tract of land conveyed to the First American
Title Insurance Company, as trustee, by deed recorded under Document No. 83-
42967, Washington County, Oregon, Deed Records, November 21, 1983, said tract
being Lot 12 of Panorama, a subdivision recorded under Book 24, Page 48,
Washington County, Oregon, Plat Records, October 19, 1966, located in the
Northeast quarter of the Southwest quarter of Section 34, Township 1 Sputh,
Range 1 West of the Willamette Meridian, and located in the City of Tigard,
Washington County,Oregon,said parcel being specifically described as follows:
Beginning at a 2-inch iron oioe referred to in that deed conveying a tract of land
to David E. Farr, recorded under Book 616, Page 96, said Deed Records,
September 22, 1966, said point of beginning being on the North Iine of said Farr
tract which is also the Northwest corner of said Lot 12, said point of beginning
also being on the East right-of-way line of County Road No. 2005, 25.00 feet from
the centerline of said County Road;
Thence, from said point of beginning, South 1038143" West, along the East right-
of-way line of said County Road, 126.00 feet to the North right-of-way line of
Manzanita Court, 25.00 feet from the centerline of said Manzanita Court, as
shown on the plat of said Panorama;
Thence,;Ruth 88028136" East, along the North right-of-way lire of said Manzanita
Court,25.04 feet;
Thence, along the are of a 20.00 foot radius curve, concave Northeasterly, the
central angle of which is 90007'191', the long chord of which bears North 43024'57"
West,28.31 feet, a distance of 31.46 feet;
1548-02-24
August 25, 1989 1 of 15
Thence, North 1038'43" East, parallel with and 5.00 feet measured perpendicular
from the East right-of-way line of said County Road, 105.96 feet to the North line
of said Farr tract, which is also the North line of said Lot 12;
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Thence, North 88028136" West, along the North line of said Farr tract, which is
also the North line of said Lot 12, 5.60 feet to the point of beginning.
The above described additional right-of-way dedication contains 716 square feet
or 0.016 acres.
1548-02-24 2 of 15
August 25, 1989
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EXHIBIT"A"
LANDS OF JANE'i UE NL'r RUSSELL
1
Legal Description for Additional Right-of-Way Dedication
A parcel of land located in that tract of land conveyed to Janette M. Trussell by
deed recorded under Document No. 87039766, Washington County, Oregon, Deed
Records, August 3, 1987, said tract being Lot 5 of Panorama, a subdivision
recorded under Book 24, Page 48, Washington County, Oregon, Plat Records,
October 19, 1966, located in the Northeast quarter of the Southwest quarter of
Section 34, Township 1 South, Range 1 West of the Will-mette Meridian, and
located in the City of Tigard, Washington County, Oregon, said parcel being
specifically described as follows:
Beginning at the Southwest corner of said Lot 5, which is also on the nasi right-
of-way line of County Road No. 2005, '55.00 feet from the centerline of said
County Road;
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Thence, North 1038143" East, along the East right-of-way line of said County
Road, 126.00 feet to the South right-of-way line of Manzanita Court, 25.00 feet
from the centerline of said Manzanita Court, as shown on the plat of said
Panorama;
Thence, South 88028136"East, along the South right-of-way line of said Manzanita
Court,24.96 feet;
Thence, along the arc of a 20.00 foot radius, concave Southeasterly, the central
angle of which is 89052'4111, the long chord of which bears South 46035104" West,
28.25 feet,a distance of 31.37 feet;
Thence, South 1038143" West, parallel with and 5.00 feet measured perpendicular
from the East right-of-way line of said County Road, 106.04 feet to the South line
of said Lot 5;
1548-02-24
August 25, 1989 4 of 15
Thence, North 88028'36" West, along the South line of said Lot 5, 5.J0 feet to the
point of beginning.
The above described additional right-of-way dedication contains 715 square feet
or 0.016 acres.
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1548-02-24 5 of 15
August 25, 1989
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EXHIBIT"A"
LANDS OF CHARLES ALFRED BODFORD
AND GRACE G.BODFORD
Legal Description for Additional Right-of-Way Dedication
A parcel of land located in that tract of land conveyed to Charles Alfred Bodford
and Grace G. Bodford by deed recorded under Book 708, Page 437, Washington
County, Oregon, Deed Records, August 1, 1968, said tract being Lot 4 of
Panorama, a subdivision recorded under Book 24, Page 48, Washington County,
Oregon, Plat Records, October 19, 1966, located in the Northeast quarter of the
Southwest quarter of Section 34, Township 1 South, Range 1 West of the
Willamette Meridian, and located in the City of Tigard, Washington County,
Oregon,said parcel being specifically described as follows:
Beginning at the Northwest corner of said Lot 4. which is also on the East right-
of-way line of County Road No. 2005, 25.00 feet from the centerline of said
County Road;
Thence, South 1038143" West, along the East right-of-way line of County Road No.
2005, 100.94 feet to a point of curvature on the Northeasterly right-of-way line of
County Road No. 1992;
Thence, along the Northeasterly right-of-way line of County Road 1992, along the
are of a 25.00 foot radius curve. concave Northeasterly, the central angle of
which is 90007'19",the long chord of which bears South 43024'57" East, 35.39 feet,
a distance of 39.32 feet to a point of tangency on the North right-of-way line of
County Road No. 1992, 25.00 feet from the centerline of County Road No. 1992;
Thence, South 88028136" East, along the North right-of-way line of County Road
No. 1992,5.01 feet;
Thence, North 1031124" East, perpendicular to the last described course, 5.00 feet
to a point of nontangent curvature;
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1548-02-24
August 25, 1989 7 of 15
Thence, along the arc of a 25.00 foot radius curve, concave Northeasterly, the
central angle of which is 90007119", the long chord of which bears North 43024'57"
West, 35.39 feet, a distance of 39.32 feet to a point of tangency;
Thence, North 1038'43" East, parallel with and 5.00 feet from the East right-of-
way line of County Road No.2005, 95.94 feet to the North line of said Lot 4;
Thence, North 88028136" West, along the North line of said Lot 4; 5.00 feet to the
point of beginning.
The above described additional right-of-way dedication contains 755 square feet
or 0.017 acres.
1548-02-24
August 25, 1989 8 of 15
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9 of 15
EXHIBIT"A"
LANDS OF ROBERT FLEMING LARSM LI.
AND LARONA MARIE LARSELL
Legal Description for Additional Right-of-Way Dedication
A parcel of land located in that tract of land conveyed to Robert Fleming Larsell
and Larona Marie Larsell by deed recorded under Book 971, Page 668, Washington
County, Oregon, Deed Records, Apr!'. 22, 1974, said tract being Lot 1 of Block 4
of Buriwood No. 2, a subdivision recorded in Book 24, Page 39, Washington
County, Oregon, Plat Records, June 8, 1966, located in the Northeast quarter of
the Southwest quarter of Section 34, Township 1 South, Range 1 West of the
Willamette Meridian, and located in the City of Tigard, Washington County,
Oregon, said parcel being specifically described as follows:
Beginning at the Southwest corner of said Lot 1, which is also on the East right-
of-way line of County Road No. 1992, 25.00 feet from the centerline of said
County Road;
Thence, North 1033150" East, along the East right-of-way line of said County
Road, 75.02 feet;
Thence, along the Southeasterly right-<,f-way line of said County Road, along the
are of a 25.00 foot radius curve, concave Southeasterly, the central angle of
which is 7304310211, the long chord of which bears North 38025'21" East, 29.99
feet, a distance of 32.17 feet;
Thence, South 20056109" East, 6.38 feet;
Thence, along the are of 25.00 foot radius curve, concave Southeasterly, the
central angle of which is 67030101", the long chord of which is South 35018'50"
West,27.78 feet,a distance of 29.45 feet;
1548-02-24
August 25, 1989 10 of 15
Thence, South 103315u" West, parallel with and 5.00 feet from the Fast right-of-
way line of said County Road, 70.02 feet to the South line of said Lot 1;
Thence, North 88028'36" West, along the South line of said Lot 1, 5.00 feet to the
point of beginning.
The above described additional right-of-way dedication contains 564 square feet
or 0.013 acres.
1548-02-24
August 25, 1989 11 of 15
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12 of 15
EXHIBIT"A"
' 1,ANDS OF RICHARD 1..ROSS AND ADA L ROSS
Legal Description for Additional Right-of-Way Dedication
A parcel of land located in that tract of land conveyed to Richard L. Ross and
Ada 1. Ross by deed recorded under Book 925, Page 761, Washington County,
Oregon, Deed Records, May 21, 1973, said tract being Lot 33 of Block 4 of
Burlwood No. 2, a subdivision recorded under Book 24, Page 39, Washington
County, Oregon, Plat Records, June 8, 1966, located in the Northeast quarter of
the Southwest quarter of Section 34, Township 1 South, Range 1 West of the
Willamette Meridian, and located in the City of Tigard, Washington County,
Oregon,said parcel being specifically described as follows:
Beginning at the Northwest corner of said Lot 33, which is on the East right-of-
way line of County Road No. 1992, 25.00 feet from the centerline of said County
Road;
Thence, South 1033'50" West, along the East right-of-way line of said County
Road, 100.00 feet to the North right-of-way line of S.W. Burlheights Street, 25.00
feet from the centerline of said S.W. Burlheights Street, as shown on the plat of
said Burlwood No. 2;
Thence, South 88028136" East, along the North right-of-way line of said S.W.
Burlheights Street,25.01 feet;
Thence, along the are of a 2G.00 foot radius curve, concave Northeasterly. the
central angle of which is 9000211611, the long chord of which bears North 43024'23"
West, 28.29 feet,a distance of 31_43 feet;
Thence, North 10333150" East, parallel with and 5.00 feet measured perpendicular
from the East right-of-way line of said County Road, 79.99 feet to the North line
of said Lot 33;
1548-02-24
August 25, 1989 13 of 15
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Thence, North 88028'36" West, along the North line of said Lot -43, 5.00 feet to
the point of beginning.
The above described additional right-of-way dedication contains 586 square feet
or 0.014 acres.
Legal Description for Utility Easement
A parcel of land located in said Ross tract, located in the Northeast quarter of
the Southwest quarter of said Section 34, and located in the City of Tigard,
Washington County, Oregon,said parcel specifically described as follows:
Beginning at a point South 88028'36" East, Torg the North Pane of said Lot 33,
5.00 feet and South 1033'50" West, parallel with and 5.00 feet measured
perpendicular from the East right-of-way line of said County Road, 70.77 feet
from the Northwest corner of said Lot 33, said Northwest corner being on the
East right-of-way line of said County Road;
Thence, from said point of beginning, South 1033150"West, parallel with and 5.00
feet measured perpendicular from the East right-of-way line of said County Road,
9.22 feet;
Thence, along the arc of a 20.00 foot radius curve, concave Northeasterly, the
central angle of which is 43031'52", the long chord of which bears South 20012'06"
East, 14.83 feet, a distance of 15.20 feet;
Thence, North 1033'50" East, parallel with and 10.50 feet measured perpendicular
from the East right-of-way line of said County Road, 23.00 feet;
Thence, North 88026'10" West, perpendicular with the East eight-of-way line of
said County Road, 5.50 feet to the point of beginning.
The above described parcel for utility easement contains 103 square feet or 0.002
acres.
1548-02-21
August 25, I989 14 of 15
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15 of 15