Resolution No. 96-15 s a 3
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€ CITY OF TIGARD, OREGON :t
.RESOLUTION NO. 96-�
A RESOLUTION DECLA.RIhTG THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF BRIDGE AND STREET
IMPROVEMENTS ON SW TIEDEMAN AVENUE AND THE FULL USE AND ENJOYMENT BY a� zia
�y :.THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF1 ', �^a3+.
SAID REAL PROPERTY. �ua7x q,
WHEREAS, pursuant to Oregon Revised Statutes Chapter 223, 281, and 35, {�:�
the City of Tigard is authorized to appropriate any private real
s -property and interest therein for any public use for the general '1'
benefit and use of theeo le of the Cit
p p y, including but not limited to
rights-of-way and property adjoined thereto, and
WHEREAS, in the Capital Improvement Program the Planning Commission 5"
recommended that the Tiedeman Avenue Bridge be reconstructed with a > ; ,,
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wider, longer and higher bridge and the roadway south of the bridge berealigned; and
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for the hea!L,- c -Ly, :,e,.c£it, _._u yencrai wet"arc o£ Lh ®R,T
public the City of Tigard plans to reconstruct the bridge and ,
associated street approaches along SW Tiedeman Avenue, between Meadow y. �"�s;
c_ree, and lOGth D-_- and to protect the full use and enjoyment by
the public of such street improvements; and
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WHEREAS, it appearing to the City Council that the proposed
improvements are most compatible with greatest public good and the �i,,i��.l�
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least private injury or damage; 11
NOW, THEREFORE, BE ST RESOLVED by the Tigard City.Council that
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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 SW Tiedeman Avenue and the bridge over
Fanno Creek,. real property and interest .therein :more ,
particularly .set forth andde scribed in ..Exhibit A
attached hereto and by this reference...incorporated �uxrch �.
,y 'herein_ ':
,.4 Section 2: Theelocation, construction, operation, maintenance,
repair, and improvemente the SW Tiedeman Avenue and Erx
Bridge over Fanno Creek improvement project for which
the . real property .and the interests therein described s
in Exhibit Arequired arc bcing takencessa ` {
RESOLUTION NO. 96
.Page 1
SINAI
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.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 '�
40 N" with the greatest public benefit in tYae least private +..m:
a ; injury or damage. a s tiu
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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 $ei
interests described in Exhibit A as to the compensation ,'=.'"'
to be paid for the appropriation of the property, and, .�'"�
in the event that no satisfactory agreement can be ifrit
reached, then the attorneys for the City of Tigard area
hereby directed and authorized tc, commence and
prosecute to final determination such proceedings as A
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.
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PASSED: This day of' C(.2G✓l___. 1996. .. 'a .�.;;
a r City of: Ti and a
ATTEST:
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. City Recorder - City of Tiga d u �
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RESOLUTION NO. 96-
Page 2
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NO,'�y7 ES/og/96 o8:2A $SOJ 689 E57E OBEG EUGENE "".30-111
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�} EXHIBIT A E )
r File 6502001MV
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` Donald J.Swan and
I Elizabeth E_Swart
OBEC 2-14-96 10B-9-10
} Survey Approval Project
' Section: Fanno Creek Bridge(Tigard)Section
Highway: Tiedeman Avenue �X
Non-Throughway
Fee
A parcel of land lying in the NE%of Section 3.Township 2 South,Range 1 West Will,
and the SE'/.of Section 34,"township 1 South,Range 1 West of the Willamette NF
' Meridian,Washington County,Oregon and being a portion of that property described irk ;
that deed to Donald J.Swan and Elizabeth E.Swan,recorded December 21,1994 as
Microfilm Document No.94-112605 of Washington County Book of Records;the said M
parcel being that portion of said property included in a strip of land 10 meters wide,
lying on the Southeasterly side of the center line of the relocated Tiedeman Avenue, ! ;.
which center line is described as follows:
Beginning at Engineer's center line Station 0+100,said station.being 135.8 "'
:j meters South and 154.317 meters West of the Northeast corner of Section 3,Township 3
2 South,Range 1 West of the Willamette Meridian;thence North 2"22'22"East 128.666
meters;thence along the arc of a 135 meter radius curve right(the long chord of which;
bears North 32"23'31.5"East 135.079 meters)141.463 meters:thence North 62`24'41'1
East 20.429 meters;thence along the arc of a,11 35 meter radius curve left(the long
chord of which bears North 46"50'10"East 72.496 meters)73.397 meters;thenco North
31"15'39"East 46.045 meters to Engineer's center line Station 0+410. i
Bearings are based upon the Oregon Coordinate System-NAD 83,North Zone!
The parcel of land to which this description applies contains 513 square meters,
more or less,outside of the existing right of way_ :5
NOTE: Outside area: 14 379 square meters,more or less,right.
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—03'04/96 08:24 '&5036836576 oBEC ECGEFE (dlo0d � i
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EXHIBIT A
File 6502002
School District No.23J
OBEC 2-15-96 1OB-9-10
Survey Approval Project
Section: Fanno Creek Bridge(Tigard)Section c c
Highway: Tiedeman Avenue °
Non-Throughway i
Parcel 1-Fee
A parcel of land lying in the NE'/>of Section 3,Township 2 South,Range 1 West } t 2
and the SEIK of Section 34,Township 1 South,Range 1 West of the Willamette y
Meridian,Washington County,Oregon and being a portion of that property described in
ihai deed to Schooi Disirict No.23J,recorded April 22,i97 1 in Book 813,Faye 927Mm
,
Washington County Book of Records;the said parcel being that portion of said property
included in a strip of land 20 meters wide,10 meters on each side of the center line of
the relocated Tiedeman Avenue,which center line is described as follows: h
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Beginning at Engineer's center line Station 0+100,said station being 135.8
meters South and 154.317 meters West of the Northeast comer of Section 3,Township
2 South,Range 1 West of the Willamette Meridian;thence North 2'22'22"East 128.656 g Q5,g"i
meters;thence along the arc of a 135 meter radius curve right(the long chord of which
bears North 32°23'31.5"East 135.079 meters)141.463 meters;thence North 62'2441" 51
is
East 20.429 meters;thence along the arc of a 135 meter radius curve left(the long z' r
chord of which bears North 46'50'10"East 72.496 meters)73.397 meters;thence North
31'15'39"East 46.045 meters to Engineers center line Station 0+410...
Bearings are based upon the Oregon Coordinate System-NAD 83,North Zone.
,
The parcel of land to which this description applies container 1 602 square
meters;more or less,outside of the existing right of way. s-
j Parcel 2-Fee(Excess)
A parcel of lana lying in the NE%of Section 3,Township 2 South;Rangel West
3 i and the SE%of Section 34,Township 1 South,Range 1 West of the Willamette
rvlendia_Washington Count,,,Oregonandbeing a portion of that property described in
] that deed to School District No.23J,recorded April 22,1971 in Book 813,Page 927,
` (CONTINUED ON PAGE 2)
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93/04:96 08;2S '$503 683 6576 OBEC EUGENE 0005
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EXHIBIT ACONTINUED-Page 2 File 65G2002
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Washington Ceimly Book of Records;the said parcel being that portion of said property s ti M
tying Southeasterly of the center tine of the relocated Tiedemars Avenua,which center) r
fi line is described in Parcel 1. }
x `
EXCEPT therefrom Parcel 1. ¢�
f` 3' The parcel of land to which this description applies contains 50 square meters,'
more or less,outside of the existing right of way.
` Parcel 3-Permanent Easement
: x
i; A parcel of land lying in the NE%of Section 3,Township 2 South,Range 1 West
and the SE%of Section 34,Township 1 South,Range 1 West of the Willamette
Meridian,Washington County,Oregon and being a portion of that property described in
that deed to School District No.23J,recorded April 22,1971 in Book 813,Page 927, ,
aS
Washington County Book of Records;the said parcel being that portion of said property
Nino Northeasterly of aline at riaht angles to the center line of the relocated Tinda.!
v .a Avenue at Engineer's Station 0+220 and included in a strip of land variable in width, h
lying on the Northwesterly side of said center line,which center line is described in
Parcel 1. N
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The widths in meters of the strip of land above referred to are as follows:
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Station to Station Width on Northwesterly Side of Center Line I �
0+220 0+245 60 in a straight line to 60 M
3
0+245 0+305 60 in a straight line to 25
0+305 0+353 25 , ON
EXCEPT therefrom Parcel 1. a
The parcel of land to which this description applies contains 3 045 square
meters,more or less,outside of the existing right of way.
NOTE: Outside area:84 738 square meters,more or less.
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OJ/01%96 08.25 V503 683 6576 OBEC EUGENE n [0006
EXHIBIT A
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File 6502003j g'p
Marcel J.Chaput and � t
Nancy A.Chaput
' OBEC 2-14-96 1OB-9-10
MR'
Survey Approval Project
Section: Fenno Creek Bridge(Tigard)Section '
Highway: Tiedeman Avenue „
Non-Throughway k
Fee , c
A parcel of land lying in the SE'/<of Section 34,Township 1 South,Range 1 j
West of the Willamette Meridian,Washington County,Oregon and being a portion of i
iiia!property described in that deed Marcel J.Chaput and Nancy A.Chapui,fcwwed
a October 11,1966 in Book 618,Page 96,Washington County Book of Records;the said
parcel being that portion of said property tying Southwesterly of a line at right angles to j I
the center line of the relocated Tiedeman Avenue at Engineer's Station 0+356 and
included in a strip of land 10 meters wide lying on the Northwesterly side of said center
tine,which center line is described as follows: "{
Beginning at Engineers center line Station 0+100,said station being 135.8 ;
meters South and 154.317 meters West of the Northeast corner of Section 3,Township
2 South,Range 1 West of the Willamette Meridian:thence North 2°22'22"East 128.666
meters;thence along the arc of a 135 meter radius curve right(the long chord of which r
bears North 32'23'31.5"East 135.079 meters)141.463 meters;thence North 62'24'41"
East 20.429 meters;thence along the arc of a 135 meter radius curve left(the long
chord of which bears North 46`50'10"East 72.496 meters)73.397 meters;thence North
31"15'39"East 46.045 meters to Engineers center line Station 0+410. a
Bearings are based upon the Oregon Coordinate System-NAD 83,North Zone_ !
The parcel of land to which this description applies contains 153 square meters,
more or less,outside of the existing right of way.
NOTE: Outside area: 4 460 square meters,more or less,left.
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