Resolution No. 91-28 CITY OF TIGARD, OREGON
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RESOLUTION NO. 91-_Dl
A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W.
GAARDE STREET AND THE FUI.,L USE AND ENJOYMENT BY THE PUBLIC OF SUCH
IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY.
WHEREAS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35,
the City of Tigard is authorized to appropriate any private real property
and interest 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.
Gaarde Street be realigned to McDonald Street to improve access to and
across Pacific Highway and improve safety for pedestrians and motorists;
and
WHEREAS, the Tigard Comprehensive Plan Transportation Map calls for the
realignment of Gaarde Street; and
WHEREAS, for the health, safety, benefit, and general welfare of the
Public, the City of Tigard plans to construct street improvements for the
realignment of S.W. Gap.rde Street between 110th Avenue and Pacific
Highway, 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;
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NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
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.
Gaarde Street, real property and interest therein more
particularly set forth and described in Exhibit "A" through
"G" attached hereto and by this reference incorporated
herein..
RESOLUTION NO. 91- c'�t2S
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Section 2: The location, construction, operation, maintenance, repair,
and improvement of the S.W. Gaarde Street improvement
project for which the real property and the interests
therein described in Exhibit "A" through "G" 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 and the least
private injury or damage.
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" through "G" as to the compensation to be paid
for the appropriation of the property, and, in the event
that no satisfactory agreement_ can be reached, then the
attorneys for the 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.
APPROVED: By UIlCt 0 Irne>L&S vote---o,4,- CO --1-,on the
day of L (T/ f 91.
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`�Sayor - of Tigard
City Recorder - City of Tig d
dJ/H:\e 9d11\council\ga d—GA
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RESOLUTION NO. 91- ?S
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Exhibit A
A tract of land situated in the Southeast quarter of Section 3,
Township 2 South, Range 1 West, Willamette Meridian, in the City of
Tigard, County of Washington and State of Oregon, more particularly
described as follows:
Beginning at the intersection of the westerly line of the Pacific
Highway with the south line of said Section 3 as platted on County
Survey number 23,006, a duly recorded survey with Washington
County, thence North 89'56'00" West a distance of 70.63 to a point;
thence North 51'071291, West a distance 52.90' to a point of
curvature; thence along curve of radius 320.00 feet an arc length
of 45.00 feet through an included angle of 8°06128" (chord bearing
of South 86°05'48" East and distance of 44.97 feet) to a point;
thence a distance of 36.00 feet South 89'56100" East this line
being 30 feet north and parallel to the section line; thence a
distance of 1.73' South 1'16122" East to a point thence; North
88'44'30" East to a point; thence a distance 1.30' North 1'15.32"
West to a point, the three previous calls begin one Moot parallel
and to the west, south and east of the existing building; thence
along a curve of radius 32.00 feet an arc length of 23.01 feet
through an included angle of 41'111451, (chord bearing of North
57' 34.43"East and distance of 22.52 feet) to a point on the
westerly line of Pacific Highway; thence along the curve of the
Highway of radius 5703.58 feet an arc length of 46.11 feet though
an included angle of 0'27148" (chord bearing of South 36'58,51"
West a distance of 46_11 feet); thence North 89'56100" West a
distance of 4.21 feet to a point; thence along a curve of radius
5689.58 feet an arc length of 7.44 feet through an included angle
of 0' 04130" (chord bearing of South 37'29'30" a distance of 7.44
feet) to the point of beginning, consisting of 3136 square feet
more or less.
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2s 1,3dd,1100
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Exhibit B
A tract of land in tract "E" Gaarde Park subdivision, a duly
recorded plat in Book 44 Page 10 in Washington County situated in
the Southeast quarter of Section 3, Township 2 South, Range 1 West,
Willamette Meridian, in the City of Tigard, County of Washington
and State of Oregon, more particularly described as follows:
Beginning at the southeast corner of Lot 13 a bearing of North
38'52129"
Tract "E East a distance oint9of 2feet to beginning; thencehe hwest Northc0'18r00f
Tract "di being the true p south
East thence nSouth 89142'00"hEast midpoint
a distance e of 47.64nfeet Ttoca
point on the east line of Tract "E"; thence along the east line a
bearing of South 38`52'29" West a distance a feet. or lefeet ss he
point of beginning, consisting of 1433 squ
gar-3000
2sl,3dd,3000
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Exhibit C
A tract of land described as Lot 13 in the Gaarde Park subdivision,
a duly recorded plat in Book 44 Page 10 in Washington County
situated in the southeast quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon.
gar-2900
2sl,3dd,2900
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Exhibit D
A tract of land described as Lot 8 in the Gaarde Park subdivision,
a duly recorded plat in Book 44 Page 10 in Washington County
situated in the Southeast quarter of Section 31 Township 2 South,
Range 1 West, Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon.
gar-2400
2s1,3dd,2400
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Exhibit E
A tract of land described as Lot 7 in the Gaarde Park subdivision,
a duly recorded plat in Book 44 Page 10 in Washington County
situated in the Southeast quarter of Section 3, Township 2 South,
Range 1 West, Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon.
gar-2300
2sl,3dd,2300
MENEMa
Exhibit F
A tract of land in Lot 4 Gaarde Park subdivision, a duly recorded
plat in Book 44 Page 10 in Washington County situated in the
Southeast quarter of Section 3, Township 2 South, Range 1 West,
Willamette Meridian, in the City of Tigard, County of Washington
and State of Oregon, more particularly described as follows:
Beginning at the southwest corner of Lot 4 thence along the north
right-of-way line of Gaarde Street a bearing of South 89°56.00"
East for a distance of 35.56 feet to a the true point of beginning;
thence leaving the north right-o£-way line by way of a curve of
radius 420.00 feet an arc length of 54.61' through an included
angle of 7'27'00" (chord bearing North 86°20'30" East a distance of
54.57 feet) to the east line of lot 4; thence along the east lot
line a bearing of South 0'18100" West a distance of 23.66 feet to
the north line of Gaarde Street, thence continuing along the north
line a bearing of North 56'46145" West for a distance of 36.78 feet
to a point; thence North 89'56'00" West for a distance of 23.57
feet to the point of beginning, consisting of 374 square feet more
or less.
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2sl,3dd,1900
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Exhibit G
A portion of the following property as described in the records of
Washington County, Book 842 Page 904, situated in the Northeast
quarter of Section 10, Township 2 South, Range 1 West, Willamette
Meridian, in the City of Tigard, County of Washington and State of
Oregon, more particularly described as follows:
Beginning at a point in County Road No. 411 which is 1394.5 feet
East and 135.0 feet South 57'28' East of the quarter corner between
Sections 10 and 3; and going thence South 3353' West, 20.0 feet to
an iron pipe on the south right-of-way line of County Road No. 358
(Gaarde Street) being the true point of beginning; thence South
33'531 West, 10.00 feet to a point 30.00 south and parallel to the
center line of County Road No. 358; thence parallel to said center
line South 57'28' East, 100 feet; L'.aance North 33'53, East to the
south right-of-way line; thence along said right-of-way line North
57'28' West, 100 feet to the point of beginning, consisting of 1000
square feet more or less.
gar-2100
2sl,10aa,2100
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