Resolution No. 91-38 CITY OF TIGARD, OREGON
RESOLUTION NO. 91- �
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 FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH
IMPROVEMENTS, Ai'VD 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. Gaarde 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 compatiblewith the greatest public good and the least private
injury or damage;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: T1--e 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 "H" attached
hereto and by this reference incorporated herein.
RESOLUTION NO. 91-
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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 "H" are required are being
taken as necessary in the public interest and said street j
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 "H" 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 vote of Council on the
day of 1
Wayor -City of Tigard
City Recorder—City of Tigar
di/Hi N—gd—\council\g—d—GA
RESOLUTION NO. 91-
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Exhibit H
A tract of land situated in the Southeast quarter of Section 3 and
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 the intersection of the westerly line of the Pacific
Highway with the south line of said Section 3 as platted on, County
Survey number 18247, a duly recorded su= ey with Washington County,
thence North 89'56.00" West a distance of 70.0 feet to a point;
thence North 51°07.29" West a distance 133.85 feet to the Gaarde
Park Subdivision, a duly recorded plat with Washington County;
thence along said line South 34'52°29" West, 107.65 feet to an
angle point; thence leaving Gaarde Park on a bearing of South
34'14,50" West, 4.18 feet to a point; thence along a non-tangent
curve 21.05 feet with radius of 420 feet, through an included angle
of 2'52118" (chord bearing South 80'49147" East, 21.05 feet) to a
point of tangency; thence South 79'03119" East, 23.03 feet to a
point of curvature; thence along a curve 9.83 feet with radius of
100 feet, through an included angle of 5'41,26" (chord bearing
South 76'12130" East, 9.93 feet) to a point of tangency; thence
South 73'21.152" East, 85.42 feet to a paint of curvature; thence
along the curve 29.97 feet with radius of 100 feet, through an
included angle of 17'10108" (chord bearing South 81'58156" East,
29.85 feet) to a point of non-tangency; thence South 52'50,44"
East, 38.84 feet to a point on the west right-of-way line of
Pacific Highway; thence along said right-of-way by the arc of a
spiral, chord bearing of North 37'12,32" East, 81.91 feet to the
point of beginning, consisting of 14,206 square feet more or Less.
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Exhibit H
CONSTRUCTION EASEMENT
A 10 foot strip of land 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 the intersection of the westerly line of the Pacific
HIgilway with the SUuth line of said Section 3 as platted on, County
Survey number 18247, a duly recorded survey with wash- gton County,
thence North 8956'00" West a distance of 70.0 feet to a point;
thence North 51'07'29" West a distance 133.85 feet to the Gaarde
Park Subdivision, a duly recorded plat with Washington County;
thence along said line South 34'52'29" West, 107.65 feet to an
angle point; thence leaving Gaarde Park a bearing of South
34'14'50" West, 4.18 feet to a point to the true point of
beginning. The ten (10) foot strip of lard contains that area
laying southerly of the described line as being along a non-tangent
curve 21.05 feet with radius of 420 feet, through an included angle
of 2'52.18" (chord bearing South 80'49.47" East, 21.05 feet) to a
point of tangency; thence South 79'03119" East, 23.03 feet to a
point of curvature; thence along a curve 9.83 feet with radius of
100 feet, through an included angle of 5'41'261, (chord bearing
South 76'12130" East, 9.93 feet) Lo a point of tangency; thence
South 73'21'52" East, 85.42 feet to a point of curvature; thence
along the curve 29.97 feet with radius of 100 feet, through an
included angle of 17010'08" (chord bearing South 81'58'5611 East,
29.85 feet) to a point of non-tangency; thence South 52°50144"
East, 38.84 feet to a point on the west right-of-way line of
Pacific Highway.
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