Resolution No. 00-51 CITY OF TIGARD,OREGON
RESOLUTION NO.2000-5)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON
DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF LN4PROVING
CERTAIN PEDESTRIAN AND BICYCLE PATHWAYS INCLUDING THE FANNO CREEK
TRAIL.
WHEREAS, the Tigard City Charter grants the City authority to acquire land for public
purposes;and
WHEREAS, the City of Tigard, is authorized by ORS 223.005 to purchase, acquire, take, use,
enter upon and appropriate land and property within or without its corporate limits for the
purpose of establishing, laying out, widening, enlarging or extending a pedestrian and bicycle
pathway;and
WHEREAS, for the public purposes of constructing the Fanno Creek Trail,within the City of
Tigard for the health, safety, benefit and general welfare of the public, the City Council has
deemed necessary the acquisition of certain properties;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: The City of Tigard City Council does hereby find and declare that there is needed
and required for the construction,operation,maintenance,repair and improvement
of the Fanno Creek Trail, property located in the City of Tigard, Washington
County, Oregon as described in Exhibit "A" attached hereto and incorporated
herein by this reference.
Section 2: The improvement of the Fanno Creek Trail area for which the real property and
intcrest are described herein is required and is being taken as necessary in the
public interest and the improvements to said property will be 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.
Ob-
RESOLUTION NO, �J/
Page 1
Section 3: The Tigard City Manager and the City's attorneys are authorized to attempt to
agree with the owners and other persons in interest in the real property described
herein as to the compensation to be paid for the appropriation of the property,and
in the event that nu satisfactory agreement can be reached,then the attorneys for
the City of Tigard be and the same hereby are directed and authorized to
commence and prosecute to final determination such proceedings as may be
necessary to acquire the real property and interest therein and that upon the filing
of such proceeding, possession of the real property and interest therein may be
taken immediately to the extent provided by law.
PASSED:This <+\ day of ,2000.
114e5�"-E
Council President - Brian H1 -
ATTEST:
qty Recorder-City of Tigard
1:\ADM\RESOLLMONS\HAMMONON ECESSITY.RES.DOC
RESOLUTION NO. 00-51
Page L
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LEGAL DESCRIPTION
FOR
PRCPERTY ACQUISITION
A TRACT OF LAND SITUATED IN THE NORTHEAST ONE QUARTER OF THE
SECTION 2;TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE
MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF DOCUMENT NUMBER
91034908; THENCE N 03'52'32"W,ALONG THE EASTERLY LINE OF SAID
DOCUMENT NUMBER,ALSO BEING THE WESTERLY LINE OF LOT 2
BURNHAM TRACT,A DISTANCE OF 106.79 FEET; THENCE S 47'05' 11"W A
Di,-1 ANNE OF 67.56 FEET TO A FOINVT ON THE SOUTHERLY LINE OF THE
PROPERTY DESCRIBED IN DOCUMENT NUMBER 91034908 OF THE
WASHINGTON COUNTY DEED RECORDS ALSO BEING THE NORTHERLY
LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NUMBER 8014391 OF
THE WASHINGTON COUNTY DEED RECORDS; THENCE S 43'07'15"E,
ALONG SAID SOUTHERLY LINE A DISTANCE OF 82.95 FEET TO THE POINT
OF BEGINNING.
CONTAINING 2802 SQUARE FEET.
Exhibit A
LEGAL DESCRIPTION
FOR
ACCESS EASEMENT
A TRACT OF LAND SITUATED IN THE NORTHEAST ONE QUARTER OF THE
SECTION 2,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE
MERIDIAN,CITY OF TIGARD.WASHINGTON COUNTY,OREGON,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF DOCUMENT
NUMBER 91034908; THENCE N 03'52'33'W,ALONG THE EASTERLY LINE
OF SAID DOCUMENT NUMBER,ALSO BEING THE WESTERLY LINE OF LOT
2 BURNHAM TRACT,A DISTANCE OF 106.79; THENCE S 47'05'1 l"W A
DISTANCE OF 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
S 47°05'11"W A DISTANCE OF 41.56 FEET TO THE SOUTHERLY LINE OF
SAID DOCUMENT NUMBER; THENCE N 43'07'1 5"W A DISTANCE OF
94.63 FEET TO A POINT 2.00'FROM THE EXISTING WAREHOUSE
BUILDING,WHEN MEASURED AT RIGHT ANGLES; THENCE N 47'05'11"E.
PARALLEL WITH AND 2.00 FEET FROM(Wi-I.F_N MEASURED AT RIGHT
ANGLES)THE WAREHOUSE BUILDING,A DISTANCE OF 66.67 FEET;
THENCE N 42'54'49"W,PARALLEL WITH AND 1.00 FEET FROM(WHEN
MEASURED AT RIGHT ANGLES)THE WAREHOUSE BULDING, A DISTANCE
OF 32.40 FEET; THENCE N 52'54'45"W A DISTANCE OF 32.70 FEET;
THENCE N 51'42'59"W A DISTANCE OF 48.43 FEET; THENCE N 60'47'
47"W A DISTANCE OF 32.77 FEET TO THE EASTERLY RIGHT OF WAY OF
MAIN STREET; THENCE N 59118'34" E,ALONG SAID RIGHT OF WAY,A
DISTANCE OF 17.33 FEET; THENCE S 60'47'47"E A DISTANCE OF 25.26
FEET; THENCE S 51'42'59"E A DISTANCE OF 49.45 FEET; THENCE S 52'
54'45"E A DISTANCE OF 39.62 FEET; THENCE S 42'54'49"E A DISTANCE
OF 30.57 FEET; THENCE S 55'21'44"E A DISTANCE OF 18.73 FEET;
THENCE S 18' 11'31"E A DISTANCE OF 19.43 FEET; THENCE S 00°16'20"
W A DISTANCE OF 45.67 FEET THENCE S 29'33'55"E A DISTANCE OF
23.50 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 8509 SQUARE FEET.
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Exhibit A
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